Tag Archives: decreta

Act, 25 November 1703, Edinburgh

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Edinburgh the 25th November 1703

D1703/11/91

Act

Act In favours off The Countes off Seaforth

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Frances Countes of Seafort Shewing That where after a long and tedious proces Befoir the Lords off Session The petitioner obtained ane Decreit of Aliment For 500 pound sterling against the Chamberlands and tennents off the Estate off Seafort And have caused Chairge them with Horning To which they have given noe obediance and there being noe saiff access to doe other dilligence either by poynding or Caption in that unaccessible countrey without the assistance off a pairt off Her Majesties forces Which their Lordships are in use to grant upon such Extraordinary occasiones And Therfore Creaving their Lordships To give warrand to such a pairty off Her Majesties forces As their Lordships shall think fit to assist For makeing the Law effectwall for recovering off the said aliment As the said petitione Bears Which petition being upon the Eleventh off November Instant read in presence off the saids Lords They delayed the samen till the nixt Councill day Thereafter the said petition being moved in Councill upon the day and date off thir presents There was another petition given in and presented to the saids Lords by the Freinds Creditors and Tennents of the estate off Seaforth In answer to the forsaid petition Shewing that there being a petition presented to their Lordships By Francis Countes off Seaforth Desireing a warrand from their Lordships for the assistance off Her Majesties forces To lift her Joynteur or aliment Which is a desire boeth conterar to Law and to their Lordships ordinar procedour In administration of Justice for albeit It be not denyed That their Lordships in some extraordinary Caices Hes allowed the forces to assist the Execution off the Kings letters wher the Country is broken and there is noe free access or where messengers hes been deforced Wherby her Majesties authoritie has been bafled neither off which can be pretended in this caice seeing the Lady does live in the midest off the Countrie paceably and hes her officers and messengers daily goeing to the remotest pairts of the Country at her pleasure without any pretence off resistance or deforcement and it is evident that in this caice That neo body would desire a military force to goe into the Country to oppress and distroy the poor tennents But such as hes noe concerne for the good and standing off the famillie But hes a designe to ruine the same As it is too evident this Ladie hes But that which makes the Ladyes desire appear very confident at this tyme is that she is presently lying under a Councill process for stealling a way her sone and sending him abroad to popish schoolls to breed him a papist and that conterar to and in contempt of two severall acts off Councill as is evident from the records of Councill And indeed It would reflect very much upon the Lords of Councill If they should imploy Her Majesties forces to uplift the rents of the Estate off Seaforth to be given to his mother to send to Saint Omers to educat his sone popish For it is evident that soe long as she can gett money by any means to edcuat him there she will never bring him home And Therfore humbly creaving That their Lordships will not only refuise the desire off the Ladies bill as to the desire off the forces But lykewayes will order Her Majesties Advocat to insist in the proces againest her for carying away her sone And in the mean tyme to Dischairge the tennents and Chamberlains To pay her any rent untill she present her sone befoir their Lordships which is the easiest punishment that can be put upon her for soe notable offence and such ane affront done to the Government and will be most effectuall For retryveing the Earle of Seaforth from his popish Education which is a great concern to the nation in generall As the said petition bears The Lords of Her Majesties privie Councill Haveing Considered the above petition given into them by the above Francis Countes off Seaforth Togither with answers given in therto By the Freinds Creditors and tennents of the Estate off the forth And the samen being read in ther presence The saids Lords Doe heirby Recommend to Livetennent Generall George Ramsay Commander in Cheiff off Her Majesties forces To send such a pairty off Her Majesties forces as he shall think fit To assist the petitioner In making the Law effectuall for recovering of her aliment off Five Hundereth pound sterling Granted to her by the Lords of Session against the Chamberlaines and tennents off the Estate of Seaforth

Edinburgh the 25th November 1703

D1703/11/91

Act

Act In favours off The Countes off Seaforth

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Frances Countes of Seafort Shewing That where after a long and tedious proces Befoir the Lords off Session The petitioner obtained ane Decreit of Aliment For 500 pound sterling against the Chamberlands and tennents off the Estate off Seafort And have caused Chairge them with Horning To which they have given noe obediance and there being noe saiff access to doe other dilligence either by poynding or Caption in that unaccessible countrey without the assistance off a pairt off Her Majesties forces Which their Lordships are in use to grant upon such Extraordinary occasiones And Therfore Creaving their Lordships To give warrand to such a pairty off Her Majesties forces As their Lordships shall think fit to assist For makeing the Law effectwall for recovering off the said aliment As the said petitione Bears Which petition being upon the Eleventh off November Instant read in presence off the saids Lords They delayed the samen till the nixt Councill day Thereafter the said petition being moved in Councill upon the day and date off thir presents There was another petition given in and presented to the saids Lords by the Freinds Creditors and Tennents of the estate off Seaforth In answer to the forsaid petition Shewing that there being a petition presented to their Lordships By Francis Countes off Seaforth Desireing a warrand from their Lordships for the assistance off Her Majesties forces To lift her Joynteur or aliment Which is a desire boeth conterar to Law and to their Lordships ordinar procedour In administration of Justice for albeit It be not denyed That their Lordships in some extraordinary Caices Hes allowed the forces to assist the Execution off the Kings letters wher the Country is broken and there is noe free access or where messengers hes been deforced Wherby her Majesties authoritie has been bafled neither off which can be pretended in this caice seeing the Lady does live in the midest off the Countrie paceably and hes her officers and messengers daily goeing to the remotest pairts of the Country at her pleasure without any pretence off resistance or deforcement and it is evident that in this caice That neo body would desire a military force to goe into the Country to oppress and distroy the poor tennents But such as hes noe concerne for the good and standing off the famillie But hes a designe to ruine the same As it is too evident this Ladie hes But that which makes the Ladyes desire appear very confident at this tyme is that she is presently lying under a Councill process for stealling a way her sone and sending him abroad to popish schoolls to breed him a papist and that conterar to and in contempt of two severall acts off Councill as is evident from the records of Councill And indeed It would reflect very much upon the Lords of Councill If they should imploy Her Majesties forces to uplift the rents of the Estate off Seaforth to be given to his mother to send to Saint Omers to educat his sone popish For it is evident that soe long as she can gett money by any means to edcuat him there she will never bring him home And Therfore humbly creaving That their Lordships will not only refuise the desire off the Ladies bill as to the desire off the forces But lykewayes will order Her Majesties Advocat to insist in the proces againest her for carying away her sone And in the mean tyme to Dischairge the tennents and Chamberlains To pay her any rent untill she present her sone befoir their Lordships which is the easiest punishment that can be put upon her for soe notable offence and such ane affront done to the Government and will be most effectuall For retryveing the Earle of Seaforth from his popish Education which is a great concern to the nation in generall As the said petition bears The Lords of Her Majesties privie Councill Haveing Considered the above petition given into them by the above Francis Countes off Seaforth Togither with answers given in therto By the Freinds Creditors and tennents of the Estate off the forth And the samen being read in ther presence The saids Lords Doe heirby Recommend to Livetennent Generall George Ramsay Commander in Cheiff off Her Majesties forces To send such a pairty off Her Majesties forces as he shall think fit To assist the petitioner In making the Law effectuall for recovering of her aliment off Five Hundereth pound sterling Granted to her by the Lords of Session against the Chamberlaines and tennents off the Estate of Seaforth

1. NRS, PC2/28, 274v-275v.

1. NRS, PC2/28, 274v-275v.

Procedure, 25 November 1703, Edinburgh

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Edinburgh the 25th November 1703

D1703/11/81

Procedure

[Loudoun elected Preses]

In absence of the Lord High Chancellor and Lord president of privie Councill The Earle of Loudoun Elected preces

Edinburgh the 25th November 1703

D1703/11/81

Procedure

[Loudoun elected Preses]

In absence of the Lord High Chancellor and Lord president of privie Councill The Earle of Loudoun Elected preces

1. NRS, PC2/28, 274v.

1. NRS, PC2/28, 274v.

Sederunt, 25 November 1703, Edinburgh

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Edinburgh the 25th November 17031

D1703/11/72

Sederunt

Earl of Loudoun; Earl of Finlater; Earl of Northesk; Earl of Forfar; Earl of Glasgow T:D:; Lord President of Session; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Rankeillor; Lord Phesdo; Lord Tillecultrie; Mr Fra: Montgomry; Laird of Carringtoune; Laird of Prestongrange; Lord Provost of Edinburgh

Edinburgh the 25th November 17031

D1703/11/72

Sederunt

Earl of Loudoun; Earl of Finlater; Earl of Northesk; Earl of Forfar; Earl of Glasgow T:D:; Lord President of Session; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Rankeillor; Lord Phesdo; Lord Tillecultrie; Mr Fra: Montgomry; Laird of Carringtoune; Laird of Prestongrange; Lord Provost of Edinburgh

1. NRS, PC2/28, 274v.

2. NRS, PC2/28, 274v.

1. NRS, PC2/28, 274v.

2. NRS, PC2/28, 274v.

Act, 13 November 1703, Edinburgh

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Edinburgh the 13th November 1703 Called Extraordinary

D1703/11/61

Act

Act Infavours off Archbald Hamltoune

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Archbald Hamiltoune of Rosehall Shewing That where Her Majestie was graciously pleased To conferr upon the petitioner the title and honour off Knight and Barronet And it being ommited in the patent to insert a warrand to pass the great seall per saltum which ther Lordships are in use to supplie And Therfore creaving to the effect aftermentioned As the said petition Bears The Lords of Her Majesties privie Councill Haveing Considered the above petition Given into them By Archbald Hamiltoun of Rosehall and the samen being read in their presence The saids Lords Doe heirby Grant warrand to the Director off Her Majesties Chancellary and his Deputs For wrytting out the patent of Honour Infavours off the petitioner Creating him Knight and Barronet and to the keeper off the great seall and his Deputs for appending the same therto without passing any other register or seall

Edinburgh the 13th November 1703 Called Extraordinary

D1703/11/61

Act

Act Infavours off Archbald Hamltoune

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Archbald Hamiltoune of Rosehall Shewing That where Her Majestie was graciously pleased To conferr upon the petitioner the title and honour off Knight and Barronet And it being ommited in the patent to insert a warrand to pass the great seall per saltum which ther Lordships are in use to supplie And Therfore creaving to the effect aftermentioned As the said petition Bears The Lords of Her Majesties privie Councill Haveing Considered the above petition Given into them By Archbald Hamiltoun of Rosehall and the samen being read in their presence The saids Lords Doe heirby Grant warrand to the Director off Her Majesties Chancellary and his Deputs For wrytting out the patent of Honour Infavours off the petitioner Creating him Knight and Barronet and to the keeper off the great seall and his Deputs for appending the same therto without passing any other register or seall

1. NRS, PC2/28, 274r-274v.

1. NRS, PC2/28, 274r-274v.

Sederunt, 13 November 1703, Edinburgh

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Edinburgh the 13th November 1703 Called Extraordinary1

D1703/11/52

Sederunt

Lord President of Session; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraige; Lord Rankeillor; Lord Phesdo; Lord Tillecultrie

Edinburgh the 13th November 1703 Called Extraordinary1

D1703/11/52

Sederunt

Lord President of Session; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraige; Lord Rankeillor; Lord Phesdo; Lord Tillecultrie

1. NRS, PC2/28, 274r.

2. NRS, PC2/28, 274r.

1. NRS, PC2/28, 274r.

2. NRS, PC2/28, 274r.

Act, 11 November 1703, Edinburgh

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Edinburgh the 11th November 1703

D1703/11/41

Act

Act Infavours of Mr William Forbes Advocat

Annent The petition given in and presented to The Lords of Her Majesties privie Councill By Mr William Forbes Advocat Shewing That wher the petitioner Have composed a Methodicall treatise concerning bills of Exchange Wherin is ane account off the rise and progress of Exchange The nature and kynds oft explained The prevailling Customes off Merchants illustrated and confirmed from Civill Law The authoritie of Lauiers and wrytters antient and modern forraigne statuites and sentances of Courts, Acts of parliament, and Decisions off the Lords of Session and all cruious and usefull caices Questiones and Contraversies, touching bills fairly stated and Discussed, according to the Analogy of the scotts Laws And Therfore Creaving to the effect aftermentioned As the said petitione bears The Lords off Her Majesties privie Councill Haveing Considered the above petition given into them By Mr William Forbes Advocat And the samen being read in their presence The saids Lords Doe heirby grant To the petitioner his aires and assignyes The sole priviledge off printing and vending and selling a book Intituled A Methodicall Treatise concerning Bills of Exchange etc And Dischairges all other persones whatsomever To print, reprint, sell or import into this Kingdome any off the saids books For the space off nyneteen years from the date heirof and that under the pain and penaltie of Confiscation off the saids books to the use off the petitioner or his Forsaids And further under the penalty off Five Hundereth merks scotts money to be payed by the Contraveeners to the petitioner and his forsaids besydes the seazure and forefaulture Forsaid.

Edinburgh the 11th November 1703

D1703/11/41

Act

Act Infavours of Mr William Forbes Advocat

Annent The petition given in and presented to The Lords of Her Majesties privie Councill By Mr William Forbes Advocat Shewing That wher the petitioner Have composed a Methodicall treatise concerning bills of Exchange Wherin is ane account off the rise and progress of Exchange The nature and kynds oft explained The prevailling Customes off Merchants illustrated and confirmed from Civill Law The authoritie of Lauiers and wrytters antient and modern forraigne statuites and sentances of Courts, Acts of parliament, and Decisions off the Lords of Session and all cruious and usefull caices Questiones and Contraversies, touching bills fairly stated and Discussed, according to the Analogy of the scotts Laws And Therfore Creaving to the effect aftermentioned As the said petitione bears The Lords off Her Majesties privie Councill Haveing Considered the above petition given into them By Mr William Forbes Advocat And the samen being read in their presence The saids Lords Doe heirby grant To the petitioner his aires and assignyes The sole priviledge off printing and vending and selling a book Intituled A Methodicall Treatise concerning Bills of Exchange etc And Dischairges all other persones whatsomever To print, reprint, sell or import into this Kingdome any off the saids books For the space off nyneteen years from the date heirof and that under the pain and penaltie of Confiscation off the saids books to the use off the petitioner or his Forsaids And further under the penalty off Five Hundereth merks scotts money to be payed by the Contraveeners to the petitioner and his forsaids besydes the seazure and forefaulture Forsaid.

1. NRS, PC2/28, 273v-274r.

1. NRS, PC2/28, 273v-274r.

Decreet, 11 November 1703, Edinburgh

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Edinburgh the 11th November 1703

D1703/11/31

Decreet

Decreit Barbara Kenman against John Edgar

Annent The Lyble or Letters of Complaint Raised and persewed befoir the Lords of Her Majesties privie Councill at the Instance off Barbara Kenman spouse to Robert Houat at Bridgend off Drumfreis with Consent off her said Husband and John Hamiltoun her son off the First marriage With concourse off Sir James Steuart Her Majesties Advocat for her highness intrest in the matter under writtin2 Mentioning That wher by the Laws off this and all well governed nationes all persones Especially these who are under the trust off others and Committed to their Cair as apprentices, who are Committed to the Cair off their Masters for their Education and Instruction ought to be Free and Secure From all wrong and violence to be done to their persons And that by the Eleventh Chapter Statute Robert 2d It is ordained That iff on man Mutilats another or wound or beats him by forethought fellonie he shall be proceeded againest as a man slayer and shall buy and Redeem his lyfe and shall asythe the pairty Skaithed Lykeas By the 118th Act off the 7th parliament James 5th and by the 76 Act off the 6th parliament James 6th Mutilation is lykewayes joyned with Manslaughter as ane parralell cryme. Notwithstanding wherof John Edgar Taylzier in Dumfreis Haveing casten off all fear of God and respect to the Laudable Lawes of this Her Majesties realme Haveing conceaved a groundless malice against the person off the said John Hamiltoun (ane of the Complainers above named) His apprentice He did without any provocation upon the day off […] or ane or other off the dayes of the said moneth Forceably throw the said John From ane Table (wher he was sitting shewing his work) to the floor And did there to beat and bruise him that he was left for dead And tho afterwards by the help of Chirurgions and blood letting he was brought to lyfe yet he was soe Disabled that he continues under a languishing condition thorrow a perpetuall vomiting of blood and heavie pains over his whole body so that his lyfe is worse then death unto him And he is altogither disabled from following any calling wherby to support this his Miserable lyfe And Therfor the said John Edgar ought to be punished withall the severest punishment’s that can be inflicted upon him for soe gross and villanous a Cryme And more especially ought to asythe the said John Hamiltoun the pairity lesed by mentaining him with ane aliment suitable to his Condition and paying the Expenss of his cure And otherwayes to repair the damnadge As the Lords of Her Majesties privie Councill shall think fit To the terror of others to committ the lyke intyme Comeing And annent The Chairge given to the said John Edgar Defender To have Compeired befoir the Lords of Her Majesties privie Councill at ane Certain day by past And to have heard and seen such order and Course taken therannent as appertaines under the pain off Rebellion and putting of him to the horne with Certeficatione As in the said principall Lyble or Letters off Complaint at more length is Contained Which Lyble Being upon the Eleventh off November Called In presence off the saids Lords off Her Majesties privie Councill And the said Barbara Kenman spouse to Robert Houat at the Bridge end of Dumfreis and John Hamiltoun her son off the First marriadge persewars Compeiring personally at the barr with Mr Robert Bennet their Advocat And the Defenders being absent tho Laufullie cited oft times called and not Compeiring The Lords of Her Majesties privie Councill In respect off the said Deffender his absence and not Compearance as said is Doe heirby Grant Certefication against the said Defender And ordaines Letters off Denounciation to be direct to Macers or Messengers at armes to pass to the mercat cross of […] and other places needfull And there in Her Majesties name and authoritie Duely Laufully and orderly Denounce the said John Edgar Her Majesties Rebell and put him to Her highness horn Escheat and inbring all his moveable goods and gear to Her Majesties use for his Contempt and Disobedience

Edinburgh the 11th November 1703

D1703/11/31

Decreet

Decreit Barbara Kenman against John Edgar

Annent The Lyble or Letters of Complaint Raised and persewed befoir the Lords of Her Majesties privie Councill at the Instance off Barbara Kenman spouse to Robert Houat at Bridgend off Drumfreis with Consent off her said Husband and John Hamiltoun her son off the First marriage With concourse off Sir James Steuart Her Majesties Advocat for her highness intrest in the matter under writtin2 Mentioning That wher by the Laws off this and all well governed nationes all persones Especially these who are under the trust off others and Committed to their Cair as apprentices, who are Committed to the Cair off their Masters for their Education and Instruction ought to be Free and Secure From all wrong and violence to be done to their persons And that by the Eleventh Chapter Statute Robert 2d It is ordained That iff on man Mutilats another or wound or beats him by forethought fellonie he shall be proceeded againest as a man slayer and shall buy and Redeem his lyfe and shall asythe the pairty Skaithed Lykeas By the 118th Act off the 7th parliament James 5th and by the 76 Act off the 6th parliament James 6th Mutilation is lykewayes joyned with Manslaughter as ane parralell cryme. Notwithstanding wherof John Edgar Taylzier in Dumfreis Haveing casten off all fear of God and respect to the Laudable Lawes of this Her Majesties realme Haveing conceaved a groundless malice against the person off the said John Hamiltoun (ane of the Complainers above named) His apprentice He did without any provocation upon the day off […] or ane or other off the dayes of the said moneth Forceably throw the said John From ane Table (wher he was sitting shewing his work) to the floor And did there to beat and bruise him that he was left for dead And tho afterwards by the help of Chirurgions and blood letting he was brought to lyfe yet he was soe Disabled that he continues under a languishing condition thorrow a perpetuall vomiting of blood and heavie pains over his whole body so that his lyfe is worse then death unto him And he is altogither disabled from following any calling wherby to support this his Miserable lyfe And Therfor the said John Edgar ought to be punished withall the severest punishment’s that can be inflicted upon him for soe gross and villanous a Cryme And more especially ought to asythe the said John Hamiltoun the pairity lesed by mentaining him with ane aliment suitable to his Condition and paying the Expenss of his cure And otherwayes to repair the damnadge As the Lords of Her Majesties privie Councill shall think fit To the terror of others to committ the lyke intyme Comeing And annent The Chairge given to the said John Edgar Defender To have Compeired befoir the Lords of Her Majesties privie Councill at ane Certain day by past And to have heard and seen such order and Course taken therannent as appertaines under the pain off Rebellion and putting of him to the horne with Certeficatione As in the said principall Lyble or Letters off Complaint at more length is Contained Which Lyble Being upon the Eleventh off November Called In presence off the saids Lords off Her Majesties privie Councill And the said Barbara Kenman spouse to Robert Houat at the Bridge end of Dumfreis and John Hamiltoun her son off the First marriadge persewars Compeiring personally at the barr with Mr Robert Bennet their Advocat And the Defenders being absent tho Laufullie cited oft times called and not Compeiring The Lords of Her Majesties privie Councill In respect off the said Deffender his absence and not Compearance as said is Doe heirby Grant Certefication against the said Defender And ordaines Letters off Denounciation to be direct to Macers or Messengers at armes to pass to the mercat cross of […] and other places needfull And there in Her Majesties name and authoritie Duely Laufully and orderly Denounce the said John Edgar Her Majesties Rebell and put him to Her highness horn Escheat and inbring all his moveable goods and gear to Her Majesties use for his Contempt and Disobedience

1. NRS, PC2/28, 272v-273v.

2. Sic.

1. NRS, PC2/28, 272v-273v.

2. Sic.

Procedure, 11 November 1703, Edinburgh

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Edinburgh the 11th November 1703

D1703/11/21

Procedure

[Buchan elected Preses]

In absence of the Lord Chancellor and Lord president of privie Councill The Earle of Buchan Elected preces

Edinburgh the 11th November 1703

D1703/11/21

Procedure

[Buchan elected Preses]

In absence of the Lord Chancellor and Lord president of privie Councill The Earle of Buchan Elected preces

1. NRS, PC2/28, 272v.

1. NRS, PC2/28, 272v.

Sederunt, 11 November 1703, Edinburgh

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Edinburgh the 11th November 17031

D1703/11/12

Sederunt

Earl of Buchan; Earl of Lauderdale; Earl of Forfar; Earl of Dunmore; Lord Register; Lord Advocat; Lord Aberuchill; Lord Halcraig; Lord Anstruther; Lord Rankeillour; Lord Phesdo; Lord Tillecultrie; Laird of Stevensone; Laird of Prestongrange; Lord Provost of Edinburgh

Edinburgh the 11th November 17031

D1703/11/12

Sederunt

Earl of Buchan; Earl of Lauderdale; Earl of Forfar; Earl of Dunmore; Lord Register; Lord Advocat; Lord Aberuchill; Lord Halcraig; Lord Anstruther; Lord Rankeillour; Lord Phesdo; Lord Tillecultrie; Laird of Stevensone; Laird of Prestongrange; Lord Provost of Edinburgh

1. NRS, PC2/28, 272v.

2. NRS, PC2/28, 272v.

1. NRS, PC2/28, 272v.

2. NRS, PC2/28, 272v.