Tag Archives: decreta

Act, 13 March 1701(pm), Edinburgh

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Eodem Die [13 March 1701] post Merediem

D1701/3/231

Act

Act The Managers of the Caird Manufactorie of Leith Continueing their priviledges

Anent the petition given in and presented to the Lords of Her Majesties privie Councill by John Hay William Adam and Euin Macgreigor for themselves and their pairtners in the Caird Manufactorie at Leith Shewing That where both by Letters patent under the great seall and severall acts of parliament privie Councill and Exchequer the Caird work at Leith hath bein Erected and established into a Manufactorie with sundrie rights Immunities and priviedges to be enjoyed by them Dureing the time and space therin exprest and by experience it being found that the forsaid Manufactorie is both necessary and usefull to the Nation and hath allwayes bein specially countenanced and taken care of by the Government wpon that account and aught now much more to be preserved, mantained and Incurraged when under all the dificulties and discurragemetns they have met with They have attained to that prefection in makeing of Cairds That their sufficencie is found and plainly attested by all the Manufactories in the Kingdome that make use of Wooll and Tow Ciards As Certificats shouen to the saids Lords hes testified Lykeas if the priviledges and Immunities heirofore enjoyed by them under their Lordships Countenance and favour They can make cairds in such quantities that they are weell able to serve and furnish the whole Kingdome albeit they doe not pretend to the priviledge and hindering and discourageing any other Caird Manufactories to be sett up within the Kingdome And besyds all this tho at first the saids petitiones brought home workmen from abroad with great Charges Yet now they Imploy only scotsmen of their oune breeding and at some times maintained near ane hundreth Families at this work which if it should be suffered to decay would be in hazard of starveing and be in ruine And seeing by severall acts of parliament And particularly by the tuelth act of the parliament Jaj vjc Eightie seven Their Lordships are Impouered and authorized not only to erect Manufactories But Lykewayes to Declare works already sett up to be Manufactories and to grant in thair favours the severall rights priviledges and Immunities provyded by the severall acts of parliament made theranent And Therfore Humbly Supplicating The saids Lords would be pleased to continue and Declare the saids petitioners and their pairtners to be ane Manufactorie And to grant them and their successors in the said Caird works at Leith all priviledges, rights, Liberties, and Immunitiy granted and provuded in favours of this Manufactorie for the space of nyntein years next after the date heirof or such space as the said Lords shall think fitt As the said petition bears Which petition being read in presence of the saids Lords shall think fitt As the said petition bears Which petition being read in presence of the saids Lords They wpon the tuenty fyft day of Febrwary last Nominated and ppoynted some of their oune number to be a Committie to meet and consdier and sett doun rules anent Manufactoriess and the regulating therof in time comeing Which Committtee haveing upon the tuelth day of March instant met and haveing seen the patent under the great seall for the Caird Manufactorie at Leith Togither with the acts of Councill and Exchequer And also Certificats from severall of the Cheiff Manufactories of this Nation hes by the Import of old and Furbished Cairds And haveing considered the petition given in by the said Caird Manufactorie to the Secret Councill It is the Committies opinion that the act of Exhcequer of the Fiftein of July Jaj vjc Eightie one years Which relates especially to the prohibition of Importing old and Furbished Cairds be Renewed and extended to all time comeing That being both for the Advantage of the Nation and conforme to the act of parliament of the date the tuenty nynth of September Jaj vjc sixtie three years As Also that their former priviledges of Freedom from Custom and duties as to the goods Imported for the use of their Manufactorie be restricted to wyer Imported for their use allennarly and as to wyer That it be extended for all tyme comeing and this but prejudice to any other of the Leidges to set up Caird Manufactories at their pleasure and with the same priviledges As the said Report subscrvyed by the said Committie Extant in proces bears Which Report being this day read In presence of the saids Lords of His Majesties privie Councill And they haveing at length considered the same They Have Approven and heirby Approves of the said Report And have appoynted this act to be extended in the termes therof

Eodem Die [13 March 1701] post Merediem

D1701/3/231

Act

Act The Managers of the Caird Manufactorie of Leith Continueing their priviledges

Anent the petition given in and presented to the Lords of Her Majesties privie Councill by John Hay William Adam and Euin Macgreigor for themselves and their pairtners in the Caird Manufactorie at Leith Shewing That where both by Letters patent under the great seall and severall acts of parliament privie Councill and Exchequer the Caird work at Leith hath bein Erected and established into a Manufactorie with sundrie rights Immunities and priviedges to be enjoyed by them Dureing the time and space therin exprest and by experience it being found that the forsaid Manufactorie is both necessary and usefull to the Nation and hath allwayes bein specially countenanced and taken care of by the Government wpon that account and aught now much more to be preserved, mantained and Incurraged when under all the dificulties and discurragemetns they have met with They have attained to that prefection in makeing of Cairds That their sufficencie is found and plainly attested by all the Manufactories in the Kingdome that make use of Wooll and Tow Ciards As Certificats shouen to the saids Lords hes testified Lykeas if the priviledges and Immunities heirofore enjoyed by them under their Lordships Countenance and favour They can make cairds in such quantities that they are weell able to serve and furnish the whole Kingdome albeit they doe not pretend to the priviledge and hindering and discourageing any other Caird Manufactories to be sett up within the Kingdome And besyds all this tho at first the saids petitiones brought home workmen from abroad with great Charges Yet now they Imploy only scotsmen of their oune breeding and at some times maintained near ane hundreth Families at this work which if it should be suffered to decay would be in hazard of starveing and be in ruine And seeing by severall acts of parliament And particularly by the tuelth act of the parliament Jaj vjc Eightie seven Their Lordships are Impouered and authorized not only to erect Manufactories But Lykewayes to Declare works already sett up to be Manufactories and to grant in thair favours the severall rights priviledges and Immunities provyded by the severall acts of parliament made theranent And Therfore Humbly Supplicating The saids Lords would be pleased to continue and Declare the saids petitioners and their pairtners to be ane Manufactorie And to grant them and their successors in the said Caird works at Leith all priviledges, rights, Liberties, and Immunitiy granted and provuded in favours of this Manufactorie for the space of nyntein years next after the date heirof or such space as the said Lords shall think fitt As the said petition bears Which petition being read in presence of the saids Lords shall think fitt As the said petition bears Which petition being read in presence of the saids Lords They wpon the tuenty fyft day of Febrwary last Nominated and ppoynted some of their oune number to be a Committie to meet and consdier and sett doun rules anent Manufactoriess and the regulating therof in time comeing Which Committtee haveing upon the tuelth day of March instant met and haveing seen the patent under the great seall for the Caird Manufactorie at Leith Togither with the acts of Councill and Exchequer And also Certificats from severall of the Cheiff Manufactories of this Nation hes by the Import of old and Furbished Cairds And haveing considered the petition given in by the said Caird Manufactorie to the Secret Councill It is the Committies opinion that the act of Exhcequer of the Fiftein of July Jaj vjc Eightie one years Which relates especially to the prohibition of Importing old and Furbished Cairds be Renewed and extended to all time comeing That being both for the Advantage of the Nation and conforme to the act of parliament of the date the tuenty nynth of September Jaj vjc sixtie three years As Also that their former priviledges of Freedom from Custom and duties as to the goods Imported for the use of their Manufactorie be restricted to wyer Imported for their use allennarly and as to wyer That it be extended for all tyme comeing and this but prejudice to any other of the Leidges to set up Caird Manufactories at their pleasure and with the same priviledges As the said Report subscrvyed by the said Committie Extant in proces bears Which Report being this day read In presence of the saids Lords of His Majesties privie Councill And they haveing at length considered the same They Have Approven and heirby Approves of the said Report And have appoynted this act to be extended in the termes therof

1. NRS, PC2/28, 72r-73r.

1. NRS, PC2/28, 72r-73r.

Act, 13 March 1701(pm), Edinburgh

Posted on by

Eodem Die [13 March 1701] post Merediem

D1701/3/221

Act

Act Francis Scott and George Rutherfoord anent a Horse

Anent a petition given in and presented to the Lord of His Majesties privie Councill By Francis Sctt one of the Gentlemen of His Majesties horse guairds Humblie Shewing That where by the Laues and acts of parliament of this Kingdome and constant practices alloued in such cases The Collectors or Tacksmen of His Majesties supplie are authorized to quarter souldiers upon the Commissioners of Supplie in the severall shires of the Kingdome for what they happin to be deficient in of their proportion of the said supplie In persewance wherof the deceast Sir James Oswald and James Dunlop Collectors Tacksmen or Generall receavers of His Majesties supplie haveing wpon the fyftein day of August Jaj vjc years granted order and warrand to the petitioner to take a partie under his Command and quarter upon the Commissioners of the shire of Roxburgh conforme to ane act of parliament for the soume of ane hundreth and tuenty fyve pund fourtein shilling one pennie scots being. supplie due by said shire and the petitioner haveing by vertue of the said order quartered upon the said Commissioners for a considerable space And haveing receaved no payment He at length wpon the nynt day of September last by past Legally poynded ane horse from George Rutherfoord of Ferningtoun one of the Commissioners of the said shire for the ryding mony due to him and the said partie for the said quartering The said George Rutherfoord therupon has lately given in a Complaint to the saids Lords alleadging the petitioenr had uwarrantably Intrometted with and way taken the said horse from him and obtained a warrand without hearing for Imprisoning the petitioners person and hes actwally Imprisoned him within the Tolbooth of Edinburgh where he hes bein detained these sevearll dayes bygone And seing such practices commited by the said George Rutherfoord by misinforming the saids Lords of Councill were altogither unwarrantable tending to discourage these in His Majesties service in the execution of their duty, and merits the saids Lords their consideration Therfore Craveing The saids Lords to take the premises and the dangerous consequences that may follow wpon such practices to their serious consideration And therupon to ordain the petitioner to be sett at Libertie that he may attend his duty till he the said George Rutherfoord by fairly heared anent the premises And the petitioner was willing to find Caution to ansuer to the said George Rutherfood his complaint as accords of the Law The said George Rutherford in like mainer finding Caution To Anser the petitioner his said wrongous Imprisonment As the said petition bears The Lords of His Majesties privie Councill haveing considered the above petition given in to them by the above Francis Scot And another petition by way of Ansuer therto by the said George Rutherfoord of Farningtoune by way of answuer therto They heirby Decerne the said Francis Scott in the soume of ten pund starling as the pryce of the said George Rutherfoods horse And gives order and warrand to the Magistrats of Edinburgh and keepers of their tolbooth to sett the said petitioner at libertie furth therof He first before his Liebration makeing payment to the said George Rutherfoord of the said soume of Ten pounds starling as the pryce of his said horse mentioned in the said petition And alse Giveing bond to the said George Charger that he the said Frances Scot shall make payment and satisfaction to the said George Rutherfoord for himself and as haveing Commission from the shyre of Roxburgh of the expenses deburssed by him in the saids two bills according as the same shall be Liquidat and modified by the Councill

Eodem Die [13 March 1701] post Merediem

D1701/3/221

Act

Act Francis Scott and George Rutherfoord anent a Horse

Anent a petition given in and presented to the Lord of His Majesties privie Councill By Francis Sctt one of the Gentlemen of His Majesties horse guairds Humblie Shewing That where by the Laues and acts of parliament of this Kingdome and constant practices alloued in such cases The Collectors or Tacksmen of His Majesties supplie are authorized to quarter souldiers upon the Commissioners of Supplie in the severall shires of the Kingdome for what they happin to be deficient in of their proportion of the said supplie In persewance wherof the deceast Sir James Oswald and James Dunlop Collectors Tacksmen or Generall receavers of His Majesties supplie haveing wpon the fyftein day of August Jaj vjc years granted order and warrand to the petitioner to take a partie under his Command and quarter upon the Commissioners of the shire of Roxburgh conforme to ane act of parliament for the soume of ane hundreth and tuenty fyve pund fourtein shilling one pennie scots being. supplie due by said shire and the petitioner haveing by vertue of the said order quartered upon the said Commissioners for a considerable space And haveing receaved no payment He at length wpon the nynt day of September last by past Legally poynded ane horse from George Rutherfoord of Ferningtoun one of the Commissioners of the said shire for the ryding mony due to him and the said partie for the said quartering The said George Rutherfoord therupon has lately given in a Complaint to the saids Lords alleadging the petitioenr had uwarrantably Intrometted with and way taken the said horse from him and obtained a warrand without hearing for Imprisoning the petitioners person and hes actwally Imprisoned him within the Tolbooth of Edinburgh where he hes bein detained these sevearll dayes bygone And seing such practices commited by the said George Rutherfoord by misinforming the saids Lords of Councill were altogither unwarrantable tending to discourage these in His Majesties service in the execution of their duty, and merits the saids Lords their consideration Therfore Craveing The saids Lords to take the premises and the dangerous consequences that may follow wpon such practices to their serious consideration And therupon to ordain the petitioner to be sett at Libertie that he may attend his duty till he the said George Rutherfoord by fairly heared anent the premises And the petitioner was willing to find Caution to ansuer to the said George Rutherfood his complaint as accords of the Law The said George Rutherford in like mainer finding Caution To Anser the petitioner his said wrongous Imprisonment As the said petition bears The Lords of His Majesties privie Councill haveing considered the above petition given in to them by the above Francis Scot And another petition by way of Ansuer therto by the said George Rutherfoord of Farningtoune by way of answuer therto They heirby Decerne the said Francis Scott in the soume of ten pund starling as the pryce of the said George Rutherfoods horse And gives order and warrand to the Magistrats of Edinburgh and keepers of their tolbooth to sett the said petitioner at libertie furth therof He first before his Liebration makeing payment to the said George Rutherfoord of the said soume of Ten pounds starling as the pryce of his said horse mentioned in the said petition And alse Giveing bond to the said George Charger that he the said Frances Scot shall make payment and satisfaction to the said George Rutherfoord for himself and as haveing Commission from the shyre of Roxburgh of the expenses deburssed by him in the saids two bills according as the same shall be Liquidat and modified by the Councill

1. NRS, PC2/28, 71r-72r.

1. NRS, PC2/28, 71r-72r.

Act, 13 March 1701(pm), Edinburgh

Posted on by

Eodem Die [13 March 1701] post Merediem

D1701/3/211

Act

Anent the petition given in and presented to the Lords of His majesties privie Councill by James Macabine Gairdner in Glenbucket William Gordon in Easter Bucket Robert Smith in Balnaglack Robert Couts in Rippachie William Brodie in Balnacraig Christian Gibben in East2 Bucket John M’Kock in Terrentoule James Smith in Glenkindie John Braikner servitor to Glenbucket James Ray Merchant Arthuar Mores in Balnacraig James Gordon in Dauch of Carensie and John Stewart servitor to Assuandlie Humbly Shewing That upon Citations given to each of the petitioners by vertue of Councill Letters raised at the instance of Alexander Strauchan of Glenkindie James Menzies Tutor of Weem and Alexander Gordon of Campbell against the severall persons therin named The petitioners cam from their oune houses wpon the tuenty eight day of December last in order to appear before the saids Lords And depone on what should be admitted to their oaths (And they were non of the witneses for whom the persewars sought protection) Have bein along time at this place and being all poor Laubourers of the Ground neir fouscore miles distant from their oune houses Cannot be in equitie desired to attend any longer seeing the seed time is approaching Their affairs at home altogither neglected and they much straitned for mentinance wherby their ruine most inevitablie Follow Except the saids Lords Immediatly provided a remedie by ordering them instantly to be examined or permitted by their Lordships to depairt Home And by ordering the said persewars Conjunctly and severally to pay each of the petitioners their expenses at eight shilling per diem there being sixtie eight dayes alreadie past and at least fyve dayes to be allocated for their home goeing which at eight shilling per day being the least that ever was alloued to any witneses Amounting to tuenty nyn pund four shilling scots money to each of the petitioners on the six day of March instant Therfore Craveing the saids Lords to consider the premises and the petitioners sad condition and strait in this season of the year and aither ordain the petitioners instantly to be examined or otherwayes that their Lordships would allow Alexander Strauchan James Menzies and Alexander Gordon Conjucntlie and severally or aither of them as their Lordships shall think proper To make payment to them and each of them of their saids expenses at eight shilling per diem for the saids seventie three dayes ammounting to tuenty nyn pund four shilling per peice As allso to allow the petitioners and Decerne them in the expenses of the said petition and act if any should be extracted therupon Conforme to the dues therof And farder to Decerne them in the expenses of the said petition and act if any should be extracted therupon Conforme to the fues therof And farder to Decerne them to pay to the petitionrs what their Lordships shall think fitt for each day the saids expenses shall happen to be unopayed And to grant warrant for Letters of Horning for all these expenses As the said petition bears The Lords of his Majesties privie Councill haveing considered the above petition given into them for the witneses abovenamed Cited in the proces at the instance of Alexander Strauchan of Glenkindie Captain James Menzies Tutor3 of Weem and Alexander Gordon younger of Campbell Against […] Cruickshanks and others with the Citations given to their Respective witneses They heirby Decerne and ordain the saids persewars equally amongst them to make payment of the saids witnesses their expenses from the […] day of […] to the […] day of […] at eight shilling scots per diem to each man And the saids Lords Declares that whatsoever is payed by aither of the persewars to any of the saids witneses shall be defaiked of the first and of the soumes heirby Decerned And ordains Letters of horning to be direct heirupon against the saids persewars for payment of the saids expenses heirby Decerned upon Fyftein dayes and others neidfull to pass heiron in forme as effeirs And the Councill DEclares any tuo of the Comitie in the said proces to be a sufficient quorum

Eodem Die [13 March 1701] post Merediem

D1701/3/211

Act

Anent the petition given in and presented to the Lords of His majesties privie Councill by James Macabine Gairdner in Glenbucket William Gordon in Easter Bucket Robert Smith in Balnaglack Robert Couts in Rippachie William Brodie in Balnacraig Christian Gibben in East2 Bucket John M’Kock in Terrentoule James Smith in Glenkindie John Braikner servitor to Glenbucket James Ray Merchant Arthuar Mores in Balnacraig James Gordon in Dauch of Carensie and John Stewart servitor to Assuandlie Humbly Shewing That upon Citations given to each of the petitioners by vertue of Councill Letters raised at the instance of Alexander Strauchan of Glenkindie James Menzies Tutor of Weem and Alexander Gordon of Campbell against the severall persons therin named The petitioners cam from their oune houses wpon the tuenty eight day of December last in order to appear before the saids Lords And depone on what should be admitted to their oaths (And they were non of the witneses for whom the persewars sought protection) Have bein along time at this place and being all poor Laubourers of the Ground neir fouscore miles distant from their oune houses Cannot be in equitie desired to attend any longer seeing the seed time is approaching Their affairs at home altogither neglected and they much straitned for mentinance wherby their ruine most inevitablie Follow Except the saids Lords Immediatly provided a remedie by ordering them instantly to be examined or permitted by their Lordships to depairt Home And by ordering the said persewars Conjunctly and severally to pay each of the petitioners their expenses at eight shilling per diem there being sixtie eight dayes alreadie past and at least fyve dayes to be allocated for their home goeing which at eight shilling per day being the least that ever was alloued to any witneses Amounting to tuenty nyn pund four shilling scots money to each of the petitioners on the six day of March instant Therfore Craveing the saids Lords to consider the premises and the petitioners sad condition and strait in this season of the year and aither ordain the petitioners instantly to be examined or otherwayes that their Lordships would allow Alexander Strauchan James Menzies and Alexander Gordon Conjucntlie and severally or aither of them as their Lordships shall think proper To make payment to them and each of them of their saids expenses at eight shilling per diem for the saids seventie three dayes ammounting to tuenty nyn pund four shilling per peice As allso to allow the petitioners and Decerne them in the expenses of the said petition and act if any should be extracted therupon Conforme to the dues therof And farder to Decerne them in the expenses of the said petition and act if any should be extracted therupon Conforme to the fues therof And farder to Decerne them to pay to the petitionrs what their Lordships shall think fitt for each day the saids expenses shall happen to be unopayed And to grant warrant for Letters of Horning for all these expenses As the said petition bears The Lords of his Majesties privie Councill haveing considered the above petition given into them for the witneses abovenamed Cited in the proces at the instance of Alexander Strauchan of Glenkindie Captain James Menzies Tutor3 of Weem and Alexander Gordon younger of Campbell Against […] Cruickshanks and others with the Citations given to their Respective witneses They heirby Decerne and ordain the saids persewars equally amongst them to make payment of the saids witnesses their expenses from the […] day of […] to the […] day of […] at eight shilling scots per diem to each man And the saids Lords Declares that whatsoever is payed by aither of the persewars to any of the saids witneses shall be defaiked of the first and of the soumes heirby Decerned And ordains Letters of horning to be direct heirupon against the saids persewars for payment of the saids expenses heirby Decerned upon Fyftein dayes and others neidfull to pass heiron in forme as effeirs And the Councill DEclares any tuo of the Comitie in the said proces to be a sufficient quorum

1. NRS, PC2/28, 70r-71r.

2. One illegible word scored out here.

3. Insertion. The word ‘younger’ scored out.

1. NRS, PC2/28, 70r-71r.

2. One illegible word scored out here.

3. Insertion. The word ‘younger’ scored out.

Sederunt, 13 March 1701(pm), Edinburgh

Posted on by

Eodem Die [13 March 1701] post Merediem1

D1701/3/202

Sederunt

Lord Chancelor; Earl of Crafurd; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Viscount Tarbat; Lord Forbes; Lord Advocat; Lord Thesaurer dept; Lord Aberuchill; Lord Halcraig; Lord Crocerig; Lord Phesdo; Mr Frances Montgomrie; Lord provost of Edinburgh

Eodem Die [13 March 1701] post Merediem1

D1701/3/202

Sederunt

Lord Chancelor; Earl of Crafurd; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Viscount Tarbat; Lord Forbes; Lord Advocat; Lord Thesaurer dept; Lord Aberuchill; Lord Halcraig; Lord Crocerig; Lord Phesdo; Mr Frances Montgomrie; Lord provost of Edinburgh

1. NRS, PC2/28, 69v.

2. NRS, PC2/28, 70r.

1. NRS, PC2/28, 69v.

2. NRS, PC2/28, 70r.

Procedure: committee formed, 13 March 1701, Edinburgh

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Att Edinburgh the thretteinth day of March 1701

D1701/3/191

Procedure: committee formed

Committie anent Mrs Jean Wallace

The Lords of His Majesties privie Councill haveing considered the petition given in to them by Sir Thomas Wallace of Craigie And Ansuers therto by the Lady Pitfoddells They heirby Nominat and Appoynt the Earle of Leven Lord Thesaurer deput and Lord Halcraig to meet and speak with the said Sir Thomas Wallace and Lady Pitfoddells and to endeavour to setle and agree them anent the place wherin Mrs Jean Wallace Daughter to the Deceist Sir William Wallace of Craigie is to be Educat and brought up. And Likewayes to speak with them anent the said Mrs Jean Wallace Her choiseing of Her Curators With pouer to them to order where she shall be sequestrat in the mein time and Report

Att Edinburgh the thretteinth day of March 1701

D1701/3/191

Procedure: committee formed

Committie anent Mrs Jean Wallace

The Lords of His Majesties privie Councill haveing considered the petition given in to them by Sir Thomas Wallace of Craigie And Ansuers therto by the Lady Pitfoddells They heirby Nominat and Appoynt the Earle of Leven Lord Thesaurer deput and Lord Halcraig to meet and speak with the said Sir Thomas Wallace and Lady Pitfoddells and to endeavour to setle and agree them anent the place wherin Mrs Jean Wallace Daughter to the Deceist Sir William Wallace of Craigie is to be Educat and brought up. And Likewayes to speak with them anent the said Mrs Jean Wallace Her choiseing of Her Curators With pouer to them to order where she shall be sequestrat in the mein time and Report

1. NRS, PC2/28, 69v.

1. NRS, PC2/28, 69v.

Act, 13 March 1701, Edinburgh

Posted on by

Att Edinburgh the thretteinth day of March 1701

D1701/3/181

Act

Act for prosecuteing James Fairfoull for some indecent expressions against the Government

Anent the petition given in and presented to the Lords of His Majesties privie Councill by James Fairfoull of Kilduncan Humbly Shewing That the petitioner being conveened at the instance of Mr William Gordon before the saids Lords There could nothing so much vex him as a Certain expression Lybelled He could not offer to Justifie himself for no provocation whatsomever aught to have extorted it only the saids Lords would be pleased to be informed That he was dayly attacked and somtimes to the Hazard of his Life by Mr William Gordon and his wife and servants and who continually belched out of their mouths most scandalous Reproaches and every minut threatning the petitioner much prosecutions before all Judicator And if in this provocation and passion he uttered that which was not Decent He was heartily sory for it The Thing it self proves punishment eneugh wpon him and he humbly expected their Lordships would Impute it to the transport of passion he was somtimes brought into by these peoples usage And indeed he scarce weell remembered what he ansuered And therfore It was humblie Hoped their Lordships would order his Liberation and accept his acknouledgement In place of all other punishment Which would be a great evidence of their Lordships Clemencie As the said petitione bears The Lords of Her Majesties privie Councill haveing considered the above petition given in to them by the said James Fairfoull They Doe heirby give order and warrant to the Magistrats of Edinburgh and Keepers of their Tolbooth To sett the petitioners at Libertie furth therof In respect he hes given bond and found sufficient Caution acted in the books of privie Councill under the penaltie of three thousand merks scots mony that he shall Compear and underly the Law in any proces to be intended and persewed against2 him at the instance of His Majesteis Advocat for the words uttered and spoken by him against the Estates of parliament And Recomends to the said Lord Advocat to intent and follow fwrth a proces against the petitioner before the Lords Commissioners of Justiciary or the Lords of privie Councill as his Lordships shall think fitt for his exprssions spoken of his Majesties parliament (viz: That he cared not a fart of his arse for the parliament) according to Law

Att Edinburgh the thretteinth day of March 1701

D1701/3/181

Act

Act for prosecuteing James Fairfoull for some indecent expressions against the Government

Anent the petition given in and presented to the Lords of His Majesties privie Councill by James Fairfoull of Kilduncan Humbly Shewing That the petitioner being conveened at the instance of Mr William Gordon before the saids Lords There could nothing so much vex him as a Certain expression Lybelled He could not offer to Justifie himself for no provocation whatsomever aught to have extorted it only the saids Lords would be pleased to be informed That he was dayly attacked and somtimes to the Hazard of his Life by Mr William Gordon and his wife and servants and who continually belched out of their mouths most scandalous Reproaches and every minut threatning the petitioner much prosecutions before all Judicator And if in this provocation and passion he uttered that which was not Decent He was heartily sory for it The Thing it self proves punishment eneugh wpon him and he humbly expected their Lordships would Impute it to the transport of passion he was somtimes brought into by these peoples usage And indeed he scarce weell remembered what he ansuered And therfore It was humblie Hoped their Lordships would order his Liberation and accept his acknouledgement In place of all other punishment Which would be a great evidence of their Lordships Clemencie As the said petitione bears The Lords of Her Majesties privie Councill haveing considered the above petition given in to them by the said James Fairfoull They Doe heirby give order and warrant to the Magistrats of Edinburgh and Keepers of their Tolbooth To sett the petitioners at Libertie furth therof In respect he hes given bond and found sufficient Caution acted in the books of privie Councill under the penaltie of three thousand merks scots mony that he shall Compear and underly the Law in any proces to be intended and persewed against2 him at the instance of His Majesteis Advocat for the words uttered and spoken by him against the Estates of parliament And Recomends to the said Lord Advocat to intent and follow fwrth a proces against the petitioner before the Lords Commissioners of Justiciary or the Lords of privie Councill as his Lordships shall think fitt for his exprssions spoken of his Majesties parliament (viz: That he cared not a fart of his arse for the parliament) according to Law

1. NRS, PC2/28, 69r-69v.

2. Written over an earlier word.

1. NRS, PC2/28, 69r-69v.

2. Written over an earlier word.

Act, 13 March 1701, Edinburgh

Posted on by

Att Edinburgh the thretteinth day of March 1701

D1701/3/171

Act

Act Captain Drummond continuing the Advyseing the cause Byres against him till the first of June

Anent the petition given in to the Lords of His2 Majesties privie Councill By Captain William Drummond Humbly Shewing Wheras in the action persewed by James Byres Merchant in Edinburgh against the petitioner before the saids Lords He did represent severall provocationes and maletreatments given by him to the petitioner wherupon The saids Lords were pleased to allow the petitioner ane Reconvention against him which is raised And the Materiall witneses therto ab initio being some of them at Blackhall and some at Greenock upwards of Fyftie myles of therby from this place and the petitioner being cited wpon the tenth to Compear the eleventh instant and so straitned with time Therfore Craveing the saids Lords to Delay the receveeing of any Report of Advyseing of Mr Byres his probation for such a compitent time as the petitioner might get his witnesses also adduced Epsecially considering there is one witnes that hes already Deponed wpon the provocations and Maltreatments before the Baillies who is now gone out of toun As the said petition bears The Lords of His Majesties privie Councill haveing Considered this above petition given in to them by the above Captain Drummond They heirby Allow the petitioner to raise a Reconvention against the first Councill day in June next And continues the Advyseing the probation in James Byres his proces untill the said day

Att Edinburgh the thretteinth day of March 1701

D1701/3/171

Act

Act Captain Drummond continuing the Advyseing the cause Byres against him till the first of June

Anent the petition given in to the Lords of His2 Majesties privie Councill By Captain William Drummond Humbly Shewing Wheras in the action persewed by James Byres Merchant in Edinburgh against the petitioner before the saids Lords He did represent severall provocationes and maletreatments given by him to the petitioner wherupon The saids Lords were pleased to allow the petitioner ane Reconvention against him which is raised And the Materiall witneses therto ab initio being some of them at Blackhall and some at Greenock upwards of Fyftie myles of therby from this place and the petitioner being cited wpon the tenth to Compear the eleventh instant and so straitned with time Therfore Craveing the saids Lords to Delay the receveeing of any Report of Advyseing of Mr Byres his probation for such a compitent time as the petitioner might get his witnesses also adduced Epsecially considering there is one witnes that hes already Deponed wpon the provocations and Maltreatments before the Baillies who is now gone out of toun As the said petition bears The Lords of His Majesties privie Councill haveing Considered this above petition given in to them by the above Captain Drummond They heirby Allow the petitioner to raise a Reconvention against the first Councill day in June next And continues the Advyseing the probation in James Byres his proces untill the said day

1. NRS, PC2/28, 68v-69r.

2. Corrected from ‘Her’.

1. NRS, PC2/28, 68v-69r.

2. Corrected from ‘Her’.

Sederunt, 13 March 1701, Edinburgh

Posted on by

Att Edinburgh the thretteinth day of March 17011

D1701/3/162

Sederunt

Lord Chancelor; Earl of Crafurd; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Forbes; Viscount Tarbat; Lord Advocat; Lord Thesaurer deput; Lord Aberuchill; Lord Halcraig; Lord Phesdo; Lord Crocerig; Mr Frances Montgomry; Lord provost of Edinburgh

Att Edinburgh the thretteinth day of March 17011

D1701/3/162

Sederunt

Lord Chancelor; Earl of Crafurd; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Forbes; Viscount Tarbat; Lord Advocat; Lord Thesaurer deput; Lord Aberuchill; Lord Halcraig; Lord Phesdo; Lord Crocerig; Mr Frances Montgomry; Lord provost of Edinburgh

1. NRS, PC2/28, 68v.

2. NRS, PC2/28, 68v.

1. NRS, PC2/28, 68v.

2. NRS, PC2/28, 68v.

Act, 11 March 1701, Edinburgh

Posted on by

Att Edinburgh The Eleventh day of March 1701

D1701/3/151

Act

Act The Managers of the Glassworks at Leith Dischargeing the Import of Forraigne botles emptie

Anent the petition given in and presented to the Lords of Her Majesties privie Councill by Alexander Ainslie for himself and pairtners of the Glasswork at Leith Humbly Shewing That where the saids Lords of privie Councill In favours of the said Glaswork did not only declare the same to be ane Manufactorie And to have all the priviledges therof But did farder by proclamation on the eight of october Jaj vjc Eighie nyn for the better encouragement of the said work strictly prohibit and discharge all Merchants and other persons whatsomever to Import and bring into this Kingdome from any place abroad any green Glas bottles Chimistrie and appothicarie Glasses under the pain of Confiscation In mainer mentioned in the said proclamation Notwithstanding wherof and that the petitioners make the saids Glasses to the satisfaction of all that use them and that now the Merchants have in obedience of the saids Lords said proclamation and acts of parliament wherupon it is founded Given over to Import any Glass Botles from abroad The Masters of the Glass manufactories in England Therupon of purpose to brake the petitioners trade Doe send in (by conneivance of Collectors, survyers, their waters and others as may appear to their Lordships by tuo severall instruments taken at Montrose wpon ane act of their Lordships for seizeing of ane quantitie of Botles there all produced) Great numbers of Botles to brake their trade and to undersel them to the ruin of their Manufactorie Reserveing if once they can Constrain the petitioners to give over not only to have the trade but what price they pleased and seeing that to prevent the said abuse never before practised It is Just and necessary (Especially when the petitioners have upon their hand no less then ane thousand pound sterling worth of made bottles and their work actually goeing) That stricter and more effectwall orders be given for their encouragement and good of the whole Kingdom Therfore Humbly Craveing the saids Lords not only to prohibit the Tacksmen of the Customes and their Collectors and servants to permitt and allow any entrie of the saids bottles under any Collour or pretext whatsoever But also to authorize all such as they shall Imploy for that effect To make search for and seizure of all Botles for sale from abroad offered to be Imported contrair to the forsaid proclamation and under the pains therinmentioned as also strictly to prohibit and Discharge all skippers Masters of shipps, Barks Boats or other vessells To Import or bring into this Kingdome from abroad the saids Botles under the pain of being punished as Transgressors of the Law of this Realme and Contemners of Her Majesties Authority And sicklyke to Command all sherriffs of sherriffdomes, Baillies of Baileries Regallities, and Burghs, Collectors, survyers, Waiters, and other Magistrats and officers whatsomever to give their Concurrence and assistance in the premisses As the said petition bears The Lords of His Majesties privie Councill Haveing considered the above petition given in to them by the said Alexander Ainslie and partners of the Glasswork at Leith They hearby prohibit The tacksmen of the Customes and their Collectors and servants to permitt or allow any Entrie of the above botles if they be Emptie under any Collour or pretext whatsomever and Authorizes the petitioner and his partners Masters of the Glasswork at Leith Themselves and such as they shall Imploy for that effect to make search for and seizure of all Emptie Botles for sale from abroad offered to be Imported contrary to the above proclamation and under the pains therin mentioned As also the saids Lords Doe heirby strictly prohibit and Discharge all skippers, Masters of ships, Boats Barks and other vessells to Import or bring in to this Kingdome from abroad the saids Emptie Botles under the pain of being punished as Trangressors of the Law of this Realme and Contemners of His Majesties authoritie And sicklyke The saids Lords Doe heirby Requyre all sherriffs of sherriffdomes Baillies of Barronies Regallities or Burghs Collectors Surveyers, Waiters, and other Magistrats or officers whatsomever To give their Concurrence and assistance on the premises and ordains these presents to be printed

Att Edinburgh The Eleventh day of March 1701

D1701/3/151

Act

Act The Managers of the Glassworks at Leith Dischargeing the Import of Forraigne botles emptie

Anent the petition given in and presented to the Lords of Her Majesties privie Councill by Alexander Ainslie for himself and pairtners of the Glasswork at Leith Humbly Shewing That where the saids Lords of privie Councill In favours of the said Glaswork did not only declare the same to be ane Manufactorie And to have all the priviledges therof But did farder by proclamation on the eight of october Jaj vjc Eighie nyn for the better encouragement of the said work strictly prohibit and discharge all Merchants and other persons whatsomever to Import and bring into this Kingdome from any place abroad any green Glas bottles Chimistrie and appothicarie Glasses under the pain of Confiscation In mainer mentioned in the said proclamation Notwithstanding wherof and that the petitioners make the saids Glasses to the satisfaction of all that use them and that now the Merchants have in obedience of the saids Lords said proclamation and acts of parliament wherupon it is founded Given over to Import any Glass Botles from abroad The Masters of the Glass manufactories in England Therupon of purpose to brake the petitioners trade Doe send in (by conneivance of Collectors, survyers, their waters and others as may appear to their Lordships by tuo severall instruments taken at Montrose wpon ane act of their Lordships for seizeing of ane quantitie of Botles there all produced) Great numbers of Botles to brake their trade and to undersel them to the ruin of their Manufactorie Reserveing if once they can Constrain the petitioners to give over not only to have the trade but what price they pleased and seeing that to prevent the said abuse never before practised It is Just and necessary (Especially when the petitioners have upon their hand no less then ane thousand pound sterling worth of made bottles and their work actually goeing) That stricter and more effectwall orders be given for their encouragement and good of the whole Kingdom Therfore Humbly Craveing the saids Lords not only to prohibit the Tacksmen of the Customes and their Collectors and servants to permitt and allow any entrie of the saids bottles under any Collour or pretext whatsoever But also to authorize all such as they shall Imploy for that effect To make search for and seizure of all Botles for sale from abroad offered to be Imported contrair to the forsaid proclamation and under the pains therinmentioned as also strictly to prohibit and Discharge all skippers Masters of shipps, Barks Boats or other vessells To Import or bring into this Kingdome from abroad the saids Botles under the pain of being punished as Transgressors of the Law of this Realme and Contemners of Her Majesties Authority And sicklyke to Command all sherriffs of sherriffdomes, Baillies of Baileries Regallities, and Burghs, Collectors, survyers, Waiters, and other Magistrats and officers whatsomever to give their Concurrence and assistance in the premisses As the said petition bears The Lords of His Majesties privie Councill Haveing considered the above petition given in to them by the said Alexander Ainslie and partners of the Glasswork at Leith They hearby prohibit The tacksmen of the Customes and their Collectors and servants to permitt or allow any Entrie of the above botles if they be Emptie under any Collour or pretext whatsomever and Authorizes the petitioner and his partners Masters of the Glasswork at Leith Themselves and such as they shall Imploy for that effect to make search for and seizure of all Emptie Botles for sale from abroad offered to be Imported contrary to the above proclamation and under the pains therin mentioned As also the saids Lords Doe heirby strictly prohibit and Discharge all skippers, Masters of ships, Boats Barks and other vessells to Import or bring in to this Kingdome from abroad the saids Emptie Botles under the pain of being punished as Trangressors of the Law of this Realme and Contemners of His Majesties authoritie And sicklyke The saids Lords Doe heirby Requyre all sherriffs of sherriffdomes Baillies of Barronies Regallities or Burghs Collectors Surveyers, Waiters, and other Magistrats or officers whatsomever To give their Concurrence and assistance on the premises and ordains these presents to be printed

1. NRS, PC2/28, 67v-68v.

1. NRS, PC2/28, 67v-68v.

Act, 11 March 1701, Edinburgh

Posted on by

Att Edinburgh The Eleventh day of March 1701

D1701/3/141

Act

Act Mathias Partus and John Houstly ordaining their bond to be delivered up and stoping execution on a warrand against them

Anent the petition given in and presented to the Lords of His majesties privie Councill by Mathias Partus and John Huslie Merchants in Annan Humbly Shewing That where Mr John Sheppard Merchant in Whythaven in the Kingdom of England by a petition to the saids Lords on Tuesday last Craved a warrand for Imprisoning the petitioners for alleadged debts due to him which altho proceeding upon specious tho maliciously false grounds Their Lordships for the singularity of the case refused the Samen The said Sheppard haveing missed of this designe by this plain method Contryves another way to obtain it and to Colour this Malicious and imprecedented practice He gives in a new petition on Thursday last and makes only use of the name of the Bank of Scotland for which he was bound for the petitioners in the soume of six hundreth and sixtie pounds starling or therby altho at the same time they actually refused their Concurrence in respect they were otherwayes sufficiently secured Which last petition Their Lordships (Granted as to the Bank allenarly as their Lordships might yet remember) Yet notwithstanding such is the influences Sheppard hes had with the Clerks servants That he hes procured to be insert in the said warrand ane order to secure the petitioners in the next prison till they find sufficient Caution and suretie to underly the Law for the debts due and acclaimed for in them2 by the said Sheppard and make payment of the soumes should be decerned against them at his instance By the words of which warrand The petitioners seem yet to be in hazard to be throuen back in prison and as to which the petitioners only presumed to put their Lordships in mynd How as the refuseing of the said first bill Their Lordships were sufficiently convincd of the Injustice of the demand and that the like was never practised by any Nation to Imprison ane strainger or rather a Countryman who hes had, and had these severall years bypast his Domicilium at Annan with good and sufficient effects att the instance of any strainger whatsomever wpon pretence of debts not so much as constitute aither by wryt or sentence And seing that the petitionars have payed and satisfied the Bank and procured therfrom ane absolute discharge to the said Sheppard of the debts due by him for the petitioners and which Dishcharge they have consigned in my Lord Chancelors hands and found sufficient Bale to appear before the Lords of privie Councill this day and accordingly were ready when their Lordships pleased to call them Therfore Humblie Craveing to the effect aftermentioned As the said petition bears The Lords of Her Majesties privie Councill haveing considered the above petition given in to them by the above Mathias Partus and John Houslie with a Discharge by the Bank to Mr Sheppard with a Bond of presentation with a sufficient Bale both Mentioned in the petition And consigned in the Lord Chancelors hands and by his Lordship produced to the Board at Reading of the saids petition The saids Lords of His Majesties privie Councill Approves of what the Lord Chancelor hes done in this affair In granting libertie to the petitioners And ordains the discharge by the Bank to Mr Sheppard produced with the said petition to be Delivered up to the said Mr Sheppard and ordains the Bond of presentation with sufficient Baill to be delivered back to the said Mathias Partus to be made use of by them as they shall find convenient in time comeing And Discharges all furder execution wpon the said order of Committment.

Att Edinburgh The Eleventh day of March 1701

D1701/3/141

Act

Act Mathias Partus and John Houstly ordaining their bond to be delivered up and stoping execution on a warrand against them

Anent the petition given in and presented to the Lords of His majesties privie Councill by Mathias Partus and John Huslie Merchants in Annan Humbly Shewing That where Mr John Sheppard Merchant in Whythaven in the Kingdom of England by a petition to the saids Lords on Tuesday last Craved a warrand for Imprisoning the petitioners for alleadged debts due to him which altho proceeding upon specious tho maliciously false grounds Their Lordships for the singularity of the case refused the Samen The said Sheppard haveing missed of this designe by this plain method Contryves another way to obtain it and to Colour this Malicious and imprecedented practice He gives in a new petition on Thursday last and makes only use of the name of the Bank of Scotland for which he was bound for the petitioners in the soume of six hundreth and sixtie pounds starling or therby altho at the same time they actually refused their Concurrence in respect they were otherwayes sufficiently secured Which last petition Their Lordships (Granted as to the Bank allenarly as their Lordships might yet remember) Yet notwithstanding such is the influences Sheppard hes had with the Clerks servants That he hes procured to be insert in the said warrand ane order to secure the petitioners in the next prison till they find sufficient Caution and suretie to underly the Law for the debts due and acclaimed for in them2 by the said Sheppard and make payment of the soumes should be decerned against them at his instance By the words of which warrand The petitioners seem yet to be in hazard to be throuen back in prison and as to which the petitioners only presumed to put their Lordships in mynd How as the refuseing of the said first bill Their Lordships were sufficiently convincd of the Injustice of the demand and that the like was never practised by any Nation to Imprison ane strainger or rather a Countryman who hes had, and had these severall years bypast his Domicilium at Annan with good and sufficient effects att the instance of any strainger whatsomever wpon pretence of debts not so much as constitute aither by wryt or sentence And seing that the petitionars have payed and satisfied the Bank and procured therfrom ane absolute discharge to the said Sheppard of the debts due by him for the petitioners and which Dishcharge they have consigned in my Lord Chancelors hands and found sufficient Bale to appear before the Lords of privie Councill this day and accordingly were ready when their Lordships pleased to call them Therfore Humblie Craveing to the effect aftermentioned As the said petition bears The Lords of Her Majesties privie Councill haveing considered the above petition given in to them by the above Mathias Partus and John Houslie with a Discharge by the Bank to Mr Sheppard with a Bond of presentation with a sufficient Bale both Mentioned in the petition And consigned in the Lord Chancelors hands and by his Lordship produced to the Board at Reading of the saids petition The saids Lords of His Majesties privie Councill Approves of what the Lord Chancelor hes done in this affair In granting libertie to the petitioners And ordains the discharge by the Bank to Mr Sheppard produced with the said petition to be Delivered up to the said Mr Sheppard and ordains the Bond of presentation with sufficient Baill to be delivered back to the said Mathias Partus to be made use of by them as they shall find convenient in time comeing And Discharges all furder execution wpon the said order of Committment.

1. NRS, PC2/28, 66v-67v.

2. Correction makes ‘for in them’ unclear.

1. NRS, PC2/28, 66v-67v.

2. Correction makes ‘for in them’ unclear.