Tag Archives: decreta

Act, 25 September 1701, Edinburgh

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Att Edinburgh 25 September 1701

D1701/9/41

Act

Act Lord Advocat anent printeing the abridgements as within

Anent the petition Given and presented to the Lords of his majesties privie Counsell by Sir James Steart his majesties advocat showeing That he hath Continued the former Index or abridgement made of the acts of parliament Jaj vjc and eighty one, and all preceeding to the parliaments, and acts thereof since the said year one thousand six hunder and eighty one includeing and digesting the said acts, as much as possible, under the same heads, to the effect that all acts, wpon the Same Subject may be laid to gather for the more advantage, and Therefore He humbly Craves to the effect after mentioned, The Lords of his majeties privie Counsell haveing Considered this petition, given in to them, by the above Sir James Stewart his majesties advocat, they hereby Grant Licence, to the petitioner, and his assignes for printing the within abridgement, as now Continued, that is Includeing the former, with a Continuation thereof, to the last session of parliament Current inclusive and discharges any other person to print vend or sell any other abridgement but that of the said Lord advocats dureing the space of nynteen yeras from the day and date hereof, without his Lordship or assignies ther warrand and Commission, under the pain of seasing wpon, and forefaulteing of the saids abridgements for the use of the said Lord advocat and his assigneyes, and further under the pain of the hundred merks scots, to be payed by the Contraveeners, to the said Lord advocat, or his forsaids besydes the seasure and forefaulter forsaid.

Att Edinburgh 25 September 1701

D1701/9/41

Act

Act Lord Advocat anent printeing the abridgements as within

Anent the petition Given and presented to the Lords of his majesties privie Counsell by Sir James Steart his majesties advocat showeing That he hath Continued the former Index or abridgement made of the acts of parliament Jaj vjc and eighty one, and all preceeding to the parliaments, and acts thereof since the said year one thousand six hunder and eighty one includeing and digesting the said acts, as much as possible, under the same heads, to the effect that all acts, wpon the Same Subject may be laid to gather for the more advantage, and Therefore He humbly Craves to the effect after mentioned, The Lords of his majeties privie Counsell haveing Considered this petition, given in to them, by the above Sir James Stewart his majesties advocat, they hereby Grant Licence, to the petitioner, and his assignes for printing the within abridgement, as now Continued, that is Includeing the former, with a Continuation thereof, to the last session of parliament Current inclusive and discharges any other person to print vend or sell any other abridgement but that of the said Lord advocats dureing the space of nynteen yeras from the day and date hereof, without his Lordship or assignies ther warrand and Commission, under the pain of seasing wpon, and forefaulteing of the saids abridgements for the use of the said Lord advocat and his assigneyes, and further under the pain of the hundred merks scots, to be payed by the Contraveeners, to the said Lord advocat, or his forsaids besydes the seasure and forefaulter forsaid.

1. NRS, PC2/28, 146v-147r.

1. NRS, PC2/28, 146v-147r.

Sederunt, 25 September 1701, Edinburgh

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Att Edinburgh 25 September 17011

D1701/9/32

Sederunt

Lord Chancellor; Earl of Melvill P C; Marquis Anandale; Earl of Seafeild P; Earl of Mar; Earl of Buchan; Earl of Leven; Earl of Northesque; Earl of Forfar; Viscount Tarbat; Viscount Teviot; Viscount Roseberrie; Lord Montgomerie; Lord Carmichaell S; Lord presiden session; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Croserig; Mr Frances Montgomery; Lord provost of Edinburgh; Laird of Meggins

Att Edinburgh 25 September 17011

D1701/9/32

Sederunt

Lord Chancellor; Earl of Melvill P C; Marquis Anandale; Earl of Seafeild P; Earl of Mar; Earl of Buchan; Earl of Leven; Earl of Northesque; Earl of Forfar; Viscount Tarbat; Viscount Teviot; Viscount Roseberrie; Lord Montgomerie; Lord Carmichaell S; Lord presiden session; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Croserig; Mr Frances Montgomery; Lord provost of Edinburgh; Laird of Meggins

1. NRS, PC2/28, 146v.

2. NRS, PC2/28, 146v.

1. NRS, PC2/28, 146v.

2. NRS, PC2/28, 146v.

Act, 23 September 1701(pm), Edinburgh

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Att Edinburgh the 23 September 1701 postmeridiem

D1701/9/21

Act

Act in favours of Mr William Thomson for puting up his bond

Anent the petition given in and presented, to the Lords of his majesties privie Councill, by mr Wiliam Thomson minister of the Gospell att Tindergarth Shoewing that where the saids Lords of his majesties privie Counsell by ther act, dated the twenty fifth of June sixteen hunder and nynty one, allowed the petitioner the stipend of the above Kirk, of Tindergairth, for the haill Cropt and year of God one thousand six hunder and nynty, and yearly thereafter, in tymecomeing dureing the petitioners Incumbencie att the said Kirk In respect he hes found Caution acted in the books of privie Councill that he should repair the above kirk and manse out of the first end of the forsaid Stipend, and which Kirk and manse was accordinly sufficiently repared as the extract of the acts of visitation of the presbetrie for the said Kirk and manse showen to the saids Lords hes testified and Therefore Craveing to the effect after mentioned, as the said petition bears, The Lords of his majesties privie Counsell, haveing heard this petition given in to them be the above Mr William Thomson, read in ther presence they have remitted and hereby remitts the said petition to the Earle of Northesque, Viscount of Roseberrie Lord Aberuchill, and the Laird of Meggins to Consider the said petition, and to see if the Samen be instructed And appoynts them to meet to morrow, in the fornoon, and declairs any two of them be a quorum, and recomends to the said Commity to make there Report to the Counsell with ther first Conveniencey, and accordingly the said Commity haveing mett they made their Report as followes viz, The Commity haveing Considered a petition from Mr William Thomson, Minister of Tunnergairth, Representing that the Lords of privie Counsell by ther act dated the twenty fifth of June Jaj vjc and nynty one allowed the petitioner the stipend of Tinnergairth for the haill Cropt nynty and yearly thereafter, in tyme comeing dureing his incumbencie att the said Kirk in respect he found Caution that he should repair, the kirk and manse out of the first end of the forsaid Stipend, and that the Kirk and manse was accordingly sufficiently repaired as appeared by the extract of the acts of visitation of the presbetrie produced and Craveing the Lords of privie Counsell, would Grant warrand to the Clerk to deliver up the petitioner, the forsaid bond of Caution to be Cancelled, with the remitt by the Lords of privie Counsell to the said Commities to Consider the said petition and to see if the same be instructed, Togather with the said act of privie Counsell, In favors of the said Mr Wiliam Thomson, of the date forsaid, alloweing him, the stipend of the said Kirk for the haill Cropt and year Jaj vjc and nynty and yearely thereafter in tyme comeing dureing his Incumencie att the said Kirk, In respect he found Caution, the he should repair the kirk and manse out of the first end of the said stipend, Item ane Extract of the verdict of James Lockhart and Wiliam Weir massons and wreights Called and and Solemnly swore, before the presbitrie of Lochinabain mett and Tinnergairth, dated the first day of may, one thousand six hunder and nynty four, Craveing that they thereby wpon oath declaire that they Judge the manse, and office houses as they then stood repaired to be worth the soume of ane thousand pounds scots Item the extract of ane act of the said presbetrie of the said date bearing the heretors of the said paroch to have been present, and to have named the said James, Lockhart and Wiliam Weir, for wisiteing the said manse, and that the said Mr William Thomson minister acquesced therein, approveing the forsaid verdict and valuation, of the said workmen, Item ane other act of the said presbetrie, dated the said first day of may Jaj vjc and nynty four, beareing the said James Lockhart and Wiliam Weir, and Adam Johnstoun Thatcher, ther oaths were taken by the said presbetry whither or not all neccessary reparations of the said Kirk were sufficiently performed, and that ther Judgement wpon oath was that the forsaid Kirk was Compleitly and sufficiently repaired, It is the opinion of the Commity That the said Mr William Thomson, hath fullfilled the forsaid bond by repaireing the said Kirk and manse in the termes thereof, and that the said bond should be delivered wp to him to be Considered, The Lords of his majesties privie Counsell by ther Interloquitor of this dayes date haveing Considered the report of the Commity aneng the petition given in by Mr Wiliam Thomson minister att Tunnergairth they have approven and hereby approves of the said Report and ordains the Clerks of Counsell, to exhibite and deliver wp, to the petitioner the within bond granted be him as principall and Alexander Ramsay former in Penstoun his Cautioner therin mentioned of the date the twenty seventh day of June, Jaj vjc and nynty one years for which this shall be to the saids Clerks and all Concerned a Sufficient warand

Att Edinburgh the 23 September 1701 postmeridiem

D1701/9/21

Act

Act in favours of Mr William Thomson for puting up his bond

Anent the petition given in and presented, to the Lords of his majesties privie Councill, by mr Wiliam Thomson minister of the Gospell att Tindergarth Shoewing that where the saids Lords of his majesties privie Counsell by ther act, dated the twenty fifth of June sixteen hunder and nynty one, allowed the petitioner the stipend of the above Kirk, of Tindergairth, for the haill Cropt and year of God one thousand six hunder and nynty, and yearly thereafter, in tymecomeing dureing the petitioners Incumbencie att the said Kirk In respect he hes found Caution acted in the books of privie Councill that he should repair the above kirk and manse out of the first end of the forsaid Stipend, and which Kirk and manse was accordinly sufficiently repared as the extract of the acts of visitation of the presbetrie for the said Kirk and manse showen to the saids Lords hes testified and Therefore Craveing to the effect after mentioned, as the said petition bears, The Lords of his majesties privie Counsell, haveing heard this petition given in to them be the above Mr William Thomson, read in ther presence they have remitted and hereby remitts the said petition to the Earle of Northesque, Viscount of Roseberrie Lord Aberuchill, and the Laird of Meggins to Consider the said petition, and to see if the Samen be instructed And appoynts them to meet to morrow, in the fornoon, and declairs any two of them be a quorum, and recomends to the said Commity to make there Report to the Counsell with ther first Conveniencey, and accordingly the said Commity haveing mett they made their Report as followes viz, The Commity haveing Considered a petition from Mr William Thomson, Minister of Tunnergairth, Representing that the Lords of privie Counsell by ther act dated the twenty fifth of June Jaj vjc and nynty one allowed the petitioner the stipend of Tinnergairth for the haill Cropt nynty and yearly thereafter, in tyme comeing dureing his incumbencie att the said Kirk in respect he found Caution that he should repair, the kirk and manse out of the first end of the forsaid Stipend, and that the Kirk and manse was accordingly sufficiently repaired as appeared by the extract of the acts of visitation of the presbetrie produced and Craveing the Lords of privie Counsell, would Grant warrand to the Clerk to deliver up the petitioner, the forsaid bond of Caution to be Cancelled, with the remitt by the Lords of privie Counsell to the said Commities to Consider the said petition and to see if the same be instructed, Togather with the said act of privie Counsell, In favors of the said Mr Wiliam Thomson, of the date forsaid, alloweing him, the stipend of the said Kirk for the haill Cropt and year Jaj vjc and nynty and yearely thereafter in tyme comeing dureing his Incumencie att the said Kirk, In respect he found Caution, the he should repair the kirk and manse out of the first end of the said stipend, Item ane Extract of the verdict of James Lockhart and Wiliam Weir massons and wreights Called and and Solemnly swore, before the presbitrie of Lochinabain mett and Tinnergairth, dated the first day of may, one thousand six hunder and nynty four, Craveing that they thereby wpon oath declaire that they Judge the manse, and office houses as they then stood repaired to be worth the soume of ane thousand pounds scots Item the extract of ane act of the said presbetrie of the said date bearing the heretors of the said paroch to have been present, and to have named the said James, Lockhart and Wiliam Weir, for wisiteing the said manse, and that the said Mr William Thomson minister acquesced therein, approveing the forsaid verdict and valuation, of the said workmen, Item ane other act of the said presbetrie, dated the said first day of may Jaj vjc and nynty four, beareing the said James Lockhart and Wiliam Weir, and Adam Johnstoun Thatcher, ther oaths were taken by the said presbetry whither or not all neccessary reparations of the said Kirk were sufficiently performed, and that ther Judgement wpon oath was that the forsaid Kirk was Compleitly and sufficiently repaired, It is the opinion of the Commity That the said Mr William Thomson, hath fullfilled the forsaid bond by repaireing the said Kirk and manse in the termes thereof, and that the said bond should be delivered wp to him to be Considered, The Lords of his majesties privie Counsell by ther Interloquitor of this dayes date haveing Considered the report of the Commity aneng the petition given in by Mr Wiliam Thomson minister att Tunnergairth they have approven and hereby approves of the said Report and ordains the Clerks of Counsell, to exhibite and deliver wp, to the petitioner the within bond granted be him as principall and Alexander Ramsay former in Penstoun his Cautioner therin mentioned of the date the twenty seventh day of June, Jaj vjc and nynty one years for which this shall be to the saids Clerks and all Concerned a Sufficient warand

1. NRS, PC2/28, 145r-146r.

1. NRS, PC2/28, 145r-146r.

Sederunt, 23 September 1701(pm), Edinburgh

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Att Edinburgh the 23 September 1701 postmeridiem1

D1701/9/12

Sederunt

Lord Chancellor; Earl of Melvill p:C; Marquis of Anandale; Earl of Seafeild S; Earl of Mar; Earl of Levan; Viscount Tarbat; Earl of Northesque; Earl of Forfar; Viscount Teviot; Viscount Roseberrie; Lord Montgomery; Lord Carmichaell S; Lord president of session; Lord advocat; Lord Philiphaugh; Lord Crosereig; Mr Frances Montgomery; Lord provost of Edinburgh; Laird of Meggens

Att Edinburgh the 23 September 1701 postmeridiem1

D1701/9/12

Sederunt

Lord Chancellor; Earl of Melvill p:C; Marquis of Anandale; Earl of Seafeild S; Earl of Mar; Earl of Levan; Viscount Tarbat; Earl of Northesque; Earl of Forfar; Viscount Teviot; Viscount Roseberrie; Lord Montgomery; Lord Carmichaell S; Lord president of session; Lord advocat; Lord Philiphaugh; Lord Crosereig; Mr Frances Montgomery; Lord provost of Edinburgh; Laird of Meggens

1. NRS, PC2/28, 145r.

2. NRS, PC2/28, 145r.

1. NRS, PC2/28, 145r.

2. NRS, PC2/28, 145r.

Act, 5 August 1701, Edinburgh

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Edinburgh the fifth of Augst 1701

D1701/8/51

Act

Act Captain James Mudie Anent executeing any letters att his or his factors instance against William Mudie att the head burgh of the shyre or stewartrie in respect ther is not tutus accessus

Anent the petition given in and presented to the Lords of his majesties privie Counsell by Captain James Mudie Senior present Comander of his majesties ship the South ampton and Captain James Mudie Junior his nephew and factor, Showeing That where Wiliam Mudie of Mollstter the petitioners Brother, being debitor to Sir William Craigie of Gairsey and severall others in vast and Considereable Soumes of money farr exceeding the value of his Estate yett by his Bangstrie illegall and unjust measures he still retained the possession thereof without payeing a six pence to any of his Creditors, wherewpon the said Sir William Craigie haveing with his messengers and assistants, been oft tymes, deforced, and hundered froum Loadeing within the Isle of Walls to execute any legall dilligence against him)2 he was neccessitat to mean himselfe to the saids Lords of privie Counsell for a warrand to the Sheriff deput of Caithnes Stewart deput of Orkney with a partie of his majesties forces, that lay nixt adjacent thereto for putteing him in the peaceable possession of the said Estate Conform to his legall dilligence, The said Wiliam Mudie finding himselfe in thir straits and difficulties and that it was not possible for him and such a parcel of vagabonds, as he had for his accomplices to resist and gainstand his majesties authority and lawes, any longer he means himselfe by many and frequent letters to the petitioner being his only brother earnestly entreating him, to setle and transact with his Creditors, and to take the possession of his Estate to himselfe so that by this Importunitie and for the preservation of the Estate and famely in the name, he was prevailed with to Come doun from London, to Edinburgh in anno one thousand Six hunder and nynty seven and setle with the preferable Creditors to whom he payed over the boord farr more then the value of the Estate, and acquired right to ther legall dilligences asserting the Samen, wherewpon the petitioner stands infeft under the great Sale and in possession, But the petitioners ungreatfull brother, takeing advantage of his absence being obleidged to attend his majesties service drives on his former, illegall lews and unwarantable practises to that Degree that the petitioners factor, Can scarcely gett als much of the rents as will pay the kings dury nor dares any messenger Come near the Island where he lives to execute any letters against him, he and his accomplices threatneing with blunderbusses and Guns to sink them and ther boats in suae farr as wpon the […] day of Agust seventeenth hunder the said Wiiam Moodie with his accomplices, viz Murdoch and Alexander Kenedies Duncan McRonald Wiliam Stewart Laurance Isbister, John Sinclair Elder and John Sinclair younger Donald Bowers elder and younger, Andrew Sinclair Wiliam Bower, Hendrie Rosie, Hendrie Lyell, James Wilson, Andrew Stout, Wiliam Banks and severall others illegall persons Come over from ther Garison in the Isle of Stronia to the Isle of Walls, all in armes, and dispossesst Hary Stewart, the petitioners factor, for the tyme of two ferries and fery boats and beat away his servants, who were attending att the said Ferrie the tyme of the Lambes mercat att which tyme of the year, ther is a great many horse colt etc Caried too and from Caithnes to Orkney, wherewpon the petitioners said factor, haveing raised letters of lawborrowes with a summonds of Spulzie against him, and his accomplice and haveing sent a messenger with a boat full of men, to the Isle of Stroma to execute the Samen, they were mett with at the shoar, by a great many armed men, and threatned particularly, by the said Murdoch and Alexander Kenedie, who swore if they offered to Come near land they would fyre wpon them, wherewpon the said Island being as inaccessable, as the Bas, ther being no parte to land, in but two Clifts of a Rock, (where three men are able to defend three thousand) the messenger was necessitat to return without executeing the letters, and finding themselves, so successfull in there unwarrantable practises, they proceed in suare farras wpon the thrid of July Instant, he the said Wiliam Moodie of Mellsetter, with his said accomplices, with all the other idle vagabonds, he Could find in Caithnes and Orkney, Came all armed in a hostile maner, from the said Island of Stronia to the Island of Walls, and brock wp the petitioners house of Mellsetter, took possession thereof keeps Gairieson therein, oppresses the tenants and taken possession of the mains laboureing goods and severall other Catle, belonging to the petitioner takeing bonds, and promises of the haill tenants and Inhabitants, of the Island, to John and abyd with him, against the petitioners factor, and voweing and sweareing, that if The petitioners factor, offer to resist him, or Complain to the Government of him, he will pistoll the petitioners factor, (Tho he is his own Son) Burn the petitioners house of Melsetter, and destroy the whole Island, by all which Cruell desperat and illegall practiques, his majesties lawes and authoritie are Contemned, and the petitioners interest ruined, and a great many poor people in the Island, the petitioners tenants neccessitat to abandoun ther houses and interest for fear of ther lives It was Therefore Craved the saids Lords of his Majesties privie Counsell would grant warrand to messengers at armes for executeing of all letters, att the petitioners and his factors instance against him and his accomplices, att the head burgh of the Shyre, or Stewartrie, in Respect, ther is not tutus accessus to them, The Lords of His Majesties privie Counsell haveing heard the within written petition given in to them be Captain James Mudie Senior Commander, of his majesties ship, the Southamptoune, and Captain James Mudie Junior, his nephew and factor read in ther presence, they hereby allow the within Wiliam Mudie of Mellsetter for Wiliam Craigie of Gairsey, and any others Concerned to See and ansuer the same, which petition being wpon the day and date of thir presents, Read in presence of the saids Lords They haveing Considered this petition given in to them be the within Captain James Mudie, they doe hereby grant warrand to messengers at armes for executeing of all letters and other dilligences before the privie Counsell att the petitioners instance or his factor against the within Wiliam Mudie of Mellsetter, and his accomplices att the head burgh of the shyre or stewartrie of […] In respect ther is not tutus accessus to them

Edinburgh the fifth of Augst 1701

D1701/8/51

Act

Act Captain James Mudie Anent executeing any letters att his or his factors instance against William Mudie att the head burgh of the shyre or stewartrie in respect ther is not tutus accessus

Anent the petition given in and presented to the Lords of his majesties privie Counsell by Captain James Mudie Senior present Comander of his majesties ship the South ampton and Captain James Mudie Junior his nephew and factor, Showeing That where Wiliam Mudie of Mollstter the petitioners Brother, being debitor to Sir William Craigie of Gairsey and severall others in vast and Considereable Soumes of money farr exceeding the value of his Estate yett by his Bangstrie illegall and unjust measures he still retained the possession thereof without payeing a six pence to any of his Creditors, wherewpon the said Sir William Craigie haveing with his messengers and assistants, been oft tymes, deforced, and hundered froum Loadeing within the Isle of Walls to execute any legall dilligence against him)2 he was neccessitat to mean himselfe to the saids Lords of privie Counsell for a warrand to the Sheriff deput of Caithnes Stewart deput of Orkney with a partie of his majesties forces, that lay nixt adjacent thereto for putteing him in the peaceable possession of the said Estate Conform to his legall dilligence, The said Wiliam Mudie finding himselfe in thir straits and difficulties and that it was not possible for him and such a parcel of vagabonds, as he had for his accomplices to resist and gainstand his majesties authority and lawes, any longer he means himselfe by many and frequent letters to the petitioner being his only brother earnestly entreating him, to setle and transact with his Creditors, and to take the possession of his Estate to himselfe so that by this Importunitie and for the preservation of the Estate and famely in the name, he was prevailed with to Come doun from London, to Edinburgh in anno one thousand Six hunder and nynty seven and setle with the preferable Creditors to whom he payed over the boord farr more then the value of the Estate, and acquired right to ther legall dilligences asserting the Samen, wherewpon the petitioner stands infeft under the great Sale and in possession, But the petitioners ungreatfull brother, takeing advantage of his absence being obleidged to attend his majesties service drives on his former, illegall lews and unwarantable practises to that Degree that the petitioners factor, Can scarcely gett als much of the rents as will pay the kings dury nor dares any messenger Come near the Island where he lives to execute any letters against him, he and his accomplices threatneing with blunderbusses and Guns to sink them and ther boats in suae farr as wpon the […] day of Agust seventeenth hunder the said Wiiam Moodie with his accomplices, viz Murdoch and Alexander Kenedies Duncan McRonald Wiliam Stewart Laurance Isbister, John Sinclair Elder and John Sinclair younger Donald Bowers elder and younger, Andrew Sinclair Wiliam Bower, Hendrie Rosie, Hendrie Lyell, James Wilson, Andrew Stout, Wiliam Banks and severall others illegall persons Come over from ther Garison in the Isle of Stronia to the Isle of Walls, all in armes, and dispossesst Hary Stewart, the petitioners factor, for the tyme of two ferries and fery boats and beat away his servants, who were attending att the said Ferrie the tyme of the Lambes mercat att which tyme of the year, ther is a great many horse colt etc Caried too and from Caithnes to Orkney, wherewpon the petitioners said factor, haveing raised letters of lawborrowes with a summonds of Spulzie against him, and his accomplice and haveing sent a messenger with a boat full of men, to the Isle of Stroma to execute the Samen, they were mett with at the shoar, by a great many armed men, and threatned particularly, by the said Murdoch and Alexander Kenedie, who swore if they offered to Come near land they would fyre wpon them, wherewpon the said Island being as inaccessable, as the Bas, ther being no parte to land, in but two Clifts of a Rock, (where three men are able to defend three thousand) the messenger was necessitat to return without executeing the letters, and finding themselves, so successfull in there unwarrantable practises, they proceed in suare farras wpon the thrid of July Instant, he the said Wiliam Moodie of Mellsetter, with his said accomplices, with all the other idle vagabonds, he Could find in Caithnes and Orkney, Came all armed in a hostile maner, from the said Island of Stronia to the Island of Walls, and brock wp the petitioners house of Mellsetter, took possession thereof keeps Gairieson therein, oppresses the tenants and taken possession of the mains laboureing goods and severall other Catle, belonging to the petitioner takeing bonds, and promises of the haill tenants and Inhabitants, of the Island, to John and abyd with him, against the petitioners factor, and voweing and sweareing, that if The petitioners factor, offer to resist him, or Complain to the Government of him, he will pistoll the petitioners factor, (Tho he is his own Son) Burn the petitioners house of Melsetter, and destroy the whole Island, by all which Cruell desperat and illegall practiques, his majesties lawes and authoritie are Contemned, and the petitioners interest ruined, and a great many poor people in the Island, the petitioners tenants neccessitat to abandoun ther houses and interest for fear of ther lives It was Therefore Craved the saids Lords of his Majesties privie Counsell would grant warrand to messengers at armes for executeing of all letters, att the petitioners and his factors instance against him and his accomplices, att the head burgh of the Shyre, or Stewartrie, in Respect, ther is not tutus accessus to them, The Lords of His Majesties privie Counsell haveing heard the within written petition given in to them be Captain James Mudie Senior Commander, of his majesties ship, the Southamptoune, and Captain James Mudie Junior, his nephew and factor read in ther presence, they hereby allow the within Wiliam Mudie of Mellsetter for Wiliam Craigie of Gairsey, and any others Concerned to See and ansuer the same, which petition being wpon the day and date of thir presents, Read in presence of the saids Lords They haveing Considered this petition given in to them be the within Captain James Mudie, they doe hereby grant warrand to messengers at armes for executeing of all letters and other dilligences before the privie Counsell att the petitioners instance or his factor against the within Wiliam Mudie of Mellsetter, and his accomplices att the head burgh of the shyre or stewartrie of […] In respect ther is not tutus accessus to them

1. NRS, PC2/28, 143r-145r.

2. Opening bracket is missing.

1. NRS, PC2/28, 143r-145r.

2. Opening bracket is missing.

Sederunt, 5 August 1701, Edinburgh

Posted on by

Edinburgh the fifth of Augst 17011

D1701/8/42

Sederunt

Lord Chancellor; Marquis of Anandale; Earl of Southerland; Earl of Marr; Earl of Buchan; Viscount Tarbat; Viscount Teviot; Viscount Roseberrie; Lord Montgomerie; Lord advocat; Mr Francis Montgomry; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crocerig; Lord Phesdo; Laird of Stevenson

Edinburgh the fifth of Augst 17011

D1701/8/42

Sederunt

Lord Chancellor; Marquis of Anandale; Earl of Southerland; Earl of Marr; Earl of Buchan; Viscount Tarbat; Viscount Teviot; Viscount Roseberrie; Lord Montgomerie; Lord advocat; Mr Francis Montgomry; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crocerig; Lord Phesdo; Laird of Stevenson

1. NRS, PC2/28, 143r. This sederunt bears the same date as the preceding one.

2. NRS, PC2/28, 143r.

1. NRS, PC2/28, 143r. This sederunt bears the same date as the preceding one.

2. NRS, PC2/28, 143r.

Act, 5 August 1701, Edinburgh

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Edinburgh 5th Agust 1701

D1701/8/31

Act

Act Lady Bonhard anent ane aliment

Anent the petition given and presented to the Lords of his majesties privie Counsell by Magdelen Drummond Spous to Walter Cornwall of Bonhard, Shewing That the petitioners beside the soume nyne thousand and eight hunder merks, Contained in her Contract of mariage, brought with her to her Husband, above five thousand merks in money truely payed, and was in Contemplation of the forsaid portion, provided to ane anuity of eighteen hunder, merks, beside a duelling house in Linlithgow, beside other Casualities, particularly four Loads of Coalls weekly and haveing now, a numerous famely of Childeren, she is Reduced, not only to great dificulties and Straits her selfe, But utterely unable, to subsist and provide, what is indispensably neccessar for the petitioners numerous Childeren and famely, through the Rigour and severty of some of the petitioners husbands Fathers Creditors, to whom tho he was not obnoxius yet out of Respect to his Fathers memory and to doe them Justice to his power he made himself lyble, never Imagineing that this Condescendance to them should have had such a return, as to Reduce the petitioner, and her Small Childeren to a poynt of starveing, and seing both out of Compassion, and Consideration of naturall Justice and equity, the saids Lords of privie Counsell both by the law are Impowered and in use to provide some suteable supply and aliment yearly to disconsolat and distressed wifes and Childeren, some way proportioned, and effeiring to the portiones they brought allong with them, and liferent provisions secured to them, in consideration thereof, and ther being no Cause which Can plead more dispensable neccesity or equitable Considerationes, then2 the petitioners wpon the grounds above Represented which are sufficiently Instructed both by her Conract of mariage, and seasing followeing therewpon herewith produced, It was Therefore Humbly Craved that the saids Lords in Consideration of the premises and to prevent the Childeren and the petitioners misery would appoynt ane alliment of one thousand and two hunder merks yearly (which is farr within what was provided to the petitioner, to be) payed to the petitioner yearly by the factor, appoynted to wplift the rents of the Estate of Bonhard, or by the tenants and possessors of the saids lands, and Estate, and Intrometters with, the Casuall writs thereof out of the first and Readiest of what is to be payed or intrometted with by them, wpon the petitioners Discharge to be granted to them, for the same, att two termes in the year, Whitesunday and Martimes beginning the firsst termes payment, against the fifteenth day of agust nixt, for the term of whitesunday preceeding as the said petition bears, The Lords of his majesties privie Counsell haveing heard this peition given in to them by the above Lady Bonhard, read in ther presence, they thereby allowed any person who pretended Interest therein, to see and and and3 answer, the same against the nixt Councill day, Thereafter the saids Lords of his majesties privie Councill by ther Interloquitor of this dayes date, they have modified and hereby modifies the soume of fifty pounds Starline yearly att two termes, in the year to be payd to the said petitioner, by Alexander Glen writter in Edinburgh, factor appoynted by the Lords of Session, for wplifting the rents of the Estate of Bonhard or by the tenants and possessors of of4 the saids lands and Estate, and Intrometters with the Casuall rents thereof Conform to a note subscribed by the said Lady to be given in by5 her, beareing the tenants and possessors ther proportiones due to them, and Decerned and ordained payment to be made of the said fifty pounds Starline yearly att two termes whitesunday and martimes, be equall portions beginneing the first termes payment wpon the term of whitesunday preceeding and so furth yearly and termly att two termes in the year Whitesunday and martimes in Winter be equall portions in all tymecomeing, dureing the petitioners liftyme, with her Husband, being twenty five pounds Starline for each term, and odains letters of Horning on fifteen dayes to be direct herewpon under the signet of Counsell and others wpon the premises in form as effeirs

Edinburgh 5th Agust 1701

D1701/8/31

Act

Act Lady Bonhard anent ane aliment

Anent the petition given and presented to the Lords of his majesties privie Counsell by Magdelen Drummond Spous to Walter Cornwall of Bonhard, Shewing That the petitioners beside the soume nyne thousand and eight hunder merks, Contained in her Contract of mariage, brought with her to her Husband, above five thousand merks in money truely payed, and was in Contemplation of the forsaid portion, provided to ane anuity of eighteen hunder, merks, beside a duelling house in Linlithgow, beside other Casualities, particularly four Loads of Coalls weekly and haveing now, a numerous famely of Childeren, she is Reduced, not only to great dificulties and Straits her selfe, But utterely unable, to subsist and provide, what is indispensably neccessar for the petitioners numerous Childeren and famely, through the Rigour and severty of some of the petitioners husbands Fathers Creditors, to whom tho he was not obnoxius yet out of Respect to his Fathers memory and to doe them Justice to his power he made himself lyble, never Imagineing that this Condescendance to them should have had such a return, as to Reduce the petitioner, and her Small Childeren to a poynt of starveing, and seing both out of Compassion, and Consideration of naturall Justice and equity, the saids Lords of privie Counsell both by the law are Impowered and in use to provide some suteable supply and aliment yearly to disconsolat and distressed wifes and Childeren, some way proportioned, and effeiring to the portiones they brought allong with them, and liferent provisions secured to them, in consideration thereof, and ther being no Cause which Can plead more dispensable neccesity or equitable Considerationes, then2 the petitioners wpon the grounds above Represented which are sufficiently Instructed both by her Conract of mariage, and seasing followeing therewpon herewith produced, It was Therefore Humbly Craved that the saids Lords in Consideration of the premises and to prevent the Childeren and the petitioners misery would appoynt ane alliment of one thousand and two hunder merks yearly (which is farr within what was provided to the petitioner, to be) payed to the petitioner yearly by the factor, appoynted to wplift the rents of the Estate of Bonhard, or by the tenants and possessors of the saids lands, and Estate, and Intrometters with, the Casuall writs thereof out of the first and Readiest of what is to be payed or intrometted with by them, wpon the petitioners Discharge to be granted to them, for the same, att two termes in the year, Whitesunday and Martimes beginning the firsst termes payment, against the fifteenth day of agust nixt, for the term of whitesunday preceeding as the said petition bears, The Lords of his majesties privie Counsell haveing heard this peition given in to them by the above Lady Bonhard, read in ther presence, they thereby allowed any person who pretended Interest therein, to see and and and3 answer, the same against the nixt Councill day, Thereafter the saids Lords of his majesties privie Councill by ther Interloquitor of this dayes date, they have modified and hereby modifies the soume of fifty pounds Starline yearly att two termes, in the year to be payd to the said petitioner, by Alexander Glen writter in Edinburgh, factor appoynted by the Lords of Session, for wplifting the rents of the Estate of Bonhard or by the tenants and possessors of of4 the saids lands and Estate, and Intrometters with the Casuall rents thereof Conform to a note subscribed by the said Lady to be given in by5 her, beareing the tenants and possessors ther proportiones due to them, and Decerned and ordained payment to be made of the said fifty pounds Starline yearly att two termes whitesunday and martimes, be equall portions beginneing the first termes payment wpon the term of whitesunday preceeding and so furth yearly and termly att two termes in the year Whitesunday and martimes in Winter be equall portions in all tymecomeing, dureing the petitioners liftyme, with her Husband, being twenty five pounds Starline for each term, and odains letters of Horning on fifteen dayes to be direct herewpon under the signet of Counsell and others wpon the premises in form as effeirs

1. NRS, PC2/28, 141v-142v.

2. One illegible word scored out here.

3. Sic.

4. Sic.

5. The words ‘given in by’ are an insertion.

1. NRS, PC2/28, 141v-142v.

2. One illegible word scored out here.

3. Sic.

4. Sic.

5. The words ‘given in by’ are an insertion.

Sederunt, 5 August 1701, Edinburgh

Posted on by

Edinburgh 5th Agust 17011

D1701/8/22

Sederunt

Lord Chancellor; Marquis of Annandale; Earl of Southerland; Earl of Marr; Earl of Buchan; Viscount Tarbat; Viscount Teviot; Viscount Rossberrie; Lord Montgomerie; Lord advocat; Laird of Stevenson; Lord Aberuchill; Lord Philiphaugh; Lord Halcraige; Lord Croserig; Lord Phesdo; Mr Frances Montgomry

Edinburgh 5th Agust 17011

D1701/8/22

Sederunt

Lord Chancellor; Marquis of Annandale; Earl of Southerland; Earl of Marr; Earl of Buchan; Viscount Tarbat; Viscount Teviot; Viscount Rossberrie; Lord Montgomerie; Lord advocat; Laird of Stevenson; Lord Aberuchill; Lord Philiphaugh; Lord Halcraige; Lord Croserig; Lord Phesdo; Mr Frances Montgomry

1. NRS, PC2/28, 141v

2. NRS, PC2/28, 141v.

1. NRS, PC2/28, 141v

2. NRS, PC2/28, 141v.

Procedure, 2 August 1701, Edinburgh

Posted on by

Edinburgh Second of Agust seventeen hunder and one1

D1701/8/12

Procedure

[Note of no business]

No privat Busines done this day

Edinburgh Second of Agust seventeen hunder and one1

D1701/8/12

Procedure

[Note of no business]

No privat Busines done this day

1. NRS, PC2/28, 141v. No sederunt recorded.

2. NRS, PC2/28, 141v.

1. NRS, PC2/28, 141v. No sederunt recorded.

2. NRS, PC2/28, 141v.

Act, 31 July 1701, Edinburgh

Posted on by

Att Edinburgh the threty first day of July one thousand seven hundred and one years

D1701/7/251

Act

Act in favors of Paulls Work and Boningtouns manufactories

Anent the petition given and presented, to the Lords of his majesties privie Counsell, by the masters of the manufactory of worsted and other stuffs at Paulls Work and Boningtoun, Showeing, that where ther is a very Comendable mortification made by the deceast Mr John Johnstoun, John Trottar, David Mcaull, and others for encurageing a manufactory in Paulls Work att the foot of Leith wynd in Edinburgh, and Boningtoun, and breeding young Boyes therein they have entered into a society, for manufactoring of stuffs and others ther, and Contributs Considerable stocks for that end. Likeas the toun Councill of Edinburgh have for the petitioners encuragement putt them in possession of the forsaid mortification, and seing that this ther undertakeing is not only most profitable for the makeing of worsed stuffs, and Improveing the product of the nation, But Likewayes, of Great advantage for the Education of Boyes Conform to the design of the said mortifications, So that they desrve the priveledge of a manufactor, als much as any manufactor in the kingdom, Likeas by the twelth act of the parliament one thousand Six hunder and eighty one the saids Lords are fully Impowered to grant the same, and Therefore Craveing to the effect after mentioned; as the said petition bears. The Lords of his majesties privie Counsell haveing Considered this petition, given in to them be the masters of the manufactory of worsed and other stuffs att Pauls Work and Boningtoun, they doe hereby declare the above manufactory to be a laufull manufactory and to have all the liberties priveleges and Immunities Granted by the acts of parliament to such manufactories, and declairs that the said manufactory shall endure for the Space of nynteen years from the day and date hereof

Att Edinburgh the threty first day of July one thousand seven hundred and one years

D1701/7/251

Act

Act in favors of Paulls Work and Boningtouns manufactories

Anent the petition given and presented, to the Lords of his majesties privie Counsell, by the masters of the manufactory of worsted and other stuffs at Paulls Work and Boningtoun, Showeing, that where ther is a very Comendable mortification made by the deceast Mr John Johnstoun, John Trottar, David Mcaull, and others for encurageing a manufactory in Paulls Work att the foot of Leith wynd in Edinburgh, and Boningtoun, and breeding young Boyes therein they have entered into a society, for manufactoring of stuffs and others ther, and Contributs Considerable stocks for that end. Likeas the toun Councill of Edinburgh have for the petitioners encuragement putt them in possession of the forsaid mortification, and seing that this ther undertakeing is not only most profitable for the makeing of worsed stuffs, and Improveing the product of the nation, But Likewayes, of Great advantage for the Education of Boyes Conform to the design of the said mortifications, So that they desrve the priveledge of a manufactor, als much as any manufactor in the kingdom, Likeas by the twelth act of the parliament one thousand Six hunder and eighty one the saids Lords are fully Impowered to grant the same, and Therefore Craveing to the effect after mentioned; as the said petition bears. The Lords of his majesties privie Counsell haveing Considered this petition, given in to them be the masters of the manufactory of worsed and other stuffs att Pauls Work and Boningtoun, they doe hereby declare the above manufactory to be a laufull manufactory and to have all the liberties priveleges and Immunities Granted by the acts of parliament to such manufactories, and declairs that the said manufactory shall endure for the Space of nynteen years from the day and date hereof

1. NRS, PC2/28, 141r.

1. NRS, PC2/28, 141r.