Act, 29 November 1698, Edinburgh

Att Edinburgh the Twentie Nynth day of November Jaj vic Nyntie Eight

D1698/11/151

Act

Act Mrs Duncan ane alleadged Witch

Anent the petition given in to the Lords of his Majesties privy Councill be Mary Morison Spouse to Francis Duncan Skipper in Greenock Shewing That wher the Supplicant being Confiend by the saids Lords within the Town of Edinburgh untill the fiftein instant and Oblidged to find sufficient Caution to Sist her self before the Lords of Justiciary againe that day or Sooner if his Majesties advocat (to whom their Lordships Recomended to prosecute a tryall againest the petitioner as being alledged guilty of the abominable crime of Witchcraft) should insist against the petitioner, The petitioner accordingly found the said Caution acted in the saids Lords books and also to the shireff of Renfrew, and no persone haveing offered to informe against the petitioner nor has his Majesties advocat raised any indictment against the petitioner in all that time, after Elapse of the said fiftein instant, The petitioner did apply to the saids Lords for a Libertie to returne home, and that the petitioners husband might gett up his bonds given to the saids Lords Clerk and Shirreff of Renfrew, The saids Lords upon the Twentie Second instant were pleased to allow the petitioner to returne home Bot ordained her husband to find Caution to Sist the petitioner before the Lords of Justiciary Or any to be Commissionat by the saids Lords for trying the said abominable Cryme how soon the petitioner should be informed against, As to which last point the supplicant beggs Leave humbly to represent to the saids Lords, That the petitioner was and is still willing to undergoe any truall relateing to that crime or any Malefice done to the petitioners nighbours from her birth, And if my Lord advocat had raised ane indictment theranent against the petitioner according to the saids Lords ordinarie, and if his Lordship had not insisted against the petitioner again the day prefixed then the dyet would have been deserted and the petitioner allowed to returne home without finding Cautione or any other trouble And Seing no indictment is raised nor any information given against her after such a Competent time allowed by the saids Lords for doeing therof is Elapsed the petitioner humbly conceived that she was in the same case as if ane indictment hade been raised against the petitioner and for want of probation or any relevant information the dyet hade been deserted As also if my Lord advocat would yet raise ane indictment against her She was Still ready and willing to undergoe the same here before the Lords of Justiciary and to bring in what witnesses shall be Condescended on upon her own charges, So as the petitioner be either acquit or found guilty and thereby the petitioner and her husband allowed to returne home to their poor numerous family which by their so long stay here are not only reduced to straits bot the petitioners husband debarred from the Lawfull exercise of his Imployment which under god is the only mean of our and poor families subsistance, and that ther is not the least fear of the petitioners withdrawing being altogither Innocent of what was groundlessly represented against the petitioner To which she obtests god to witnes And Therfore Humbly Craveing the saids Lords would be pleased in Consideratione of the premysses to allow the petitioner to returne home and to order her bonds to the saids Lords Clerk and the Shireff depute of Renfrew to be given up or else to ordaine My Lord advocat instently to insist against the petitioner before the Lords of Justicary which She was willing to undergoe and adduce what witnesses shall be Condescended on upon her oun charges. As the petition bears The Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the above Mary Morison They do hereby allow the petitioner to returne to her oun house and takes off the Confinement formerly Laid on upon her, And Declares her quitt therof and free therfrae in all time comeing And gives order and warrand to their Clerks of Councill to delyver up to the petitioner or her husband the bond in their hands granted by her husband and his Cautioners therein specified of the date the thretein of September Last And gives order and warrand to Robert Semple Shirreff depute of Ranfrew or Robert Alexander his Clerk to delyver up to the petitioner or her husband the bond granted by her said husband and his Cautioners to the said Shirreff of Ranfrew, And Ordains Letters of horning on six dayes to be direct against the said Shirreff and his Clerk under the Signet of Councill for delyverie up of the said bond and others in forme as effeirs.

Att Edinburgh the Twentie Nynth day of November Jaj vic Nyntie Eight

D1698/11/151

Act

Act Mrs Duncan ane alleadged Witch

Anent the petition given in to the Lords of his Majesties privy Councill be Mary Morison Spouse to Francis Duncan Skipper in Greenock Shewing That wher the Supplicant being Confiend by the saids Lords within the Town of Edinburgh untill the fiftein instant and Oblidged to find sufficient Caution to Sist her self before the Lords of Justiciary againe that day or Sooner if his Majesties advocat (to whom their Lordships Recomended to prosecute a tryall againest the petitioner as being alledged guilty of the abominable crime of Witchcraft) should insist against the petitioner, The petitioner accordingly found the said Caution acted in the saids Lords books and also to the shireff of Renfrew, and no persone haveing offered to informe against the petitioner nor has his Majesties advocat raised any indictment against the petitioner in all that time, after Elapse of the said fiftein instant, The petitioner did apply to the saids Lords for a Libertie to returne home, and that the petitioners husband might gett up his bonds given to the saids Lords Clerk and Shirreff of Renfrew, The saids Lords upon the Twentie Second instant were pleased to allow the petitioner to returne home Bot ordained her husband to find Caution to Sist the petitioner before the Lords of Justiciary Or any to be Commissionat by the saids Lords for trying the said abominable Cryme how soon the petitioner should be informed against, As to which last point the supplicant beggs Leave humbly to represent to the saids Lords, That the petitioner was and is still willing to undergoe any truall relateing to that crime or any Malefice done to the petitioners nighbours from her birth, And if my Lord advocat had raised ane indictment theranent against the petitioner according to the saids Lords ordinarie, and if his Lordship had not insisted against the petitioner again the day prefixed then the dyet would have been deserted and the petitioner allowed to returne home without finding Cautione or any other trouble And Seing no indictment is raised nor any information given against her after such a Competent time allowed by the saids Lords for doeing therof is Elapsed the petitioner humbly conceived that she was in the same case as if ane indictment hade been raised against the petitioner and for want of probation or any relevant information the dyet hade been deserted As also if my Lord advocat would yet raise ane indictment against her She was Still ready and willing to undergoe the same here before the Lords of Justiciary and to bring in what witnesses shall be Condescended on upon her own charges, So as the petitioner be either acquit or found guilty and thereby the petitioner and her husband allowed to returne home to their poor numerous family which by their so long stay here are not only reduced to straits bot the petitioners husband debarred from the Lawfull exercise of his Imployment which under god is the only mean of our and poor families subsistance, and that ther is not the least fear of the petitioners withdrawing being altogither Innocent of what was groundlessly represented against the petitioner To which she obtests god to witnes And Therfore Humbly Craveing the saids Lords would be pleased in Consideratione of the premysses to allow the petitioner to returne home and to order her bonds to the saids Lords Clerk and the Shireff depute of Renfrew to be given up or else to ordaine My Lord advocat instently to insist against the petitioner before the Lords of Justicary which She was willing to undergoe and adduce what witnesses shall be Condescended on upon her oun charges. As the petition bears The Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the above Mary Morison They do hereby allow the petitioner to returne to her oun house and takes off the Confinement formerly Laid on upon her, And Declares her quitt therof and free therfrae in all time comeing And gives order and warrand to their Clerks of Councill to delyver up to the petitioner or her husband the bond in their hands granted by her husband and his Cautioners therein specified of the date the thretein of September Last And gives order and warrand to Robert Semple Shirreff depute of Ranfrew or Robert Alexander his Clerk to delyver up to the petitioner or her husband the bond granted by her said husband and his Cautioners to the said Shirreff of Ranfrew, And Ordains Letters of horning on six dayes to be direct against the said Shirreff and his Clerk under the Signet of Councill for delyverie up of the said bond and others in forme as effeirs.

1. NRS, PC2/27, 156r-157r.

1. NRS, PC2/27, 156r-157r.

Procedure, 29 November 1698, Edinburgh

Att Edinburgh the Twentie Nynth day of November Jaj vic Nyntie Eight

D1698/11/141

Procedure

Recommendation To Earl of Argyle to give a forelofe to Captain Durie

The Lords of his Majesties privy Councill Doe hereby Recommend to the Earle of Argyle Commander in Cheiff of his Majesties forces within this kingdome for the time to grant a forelofe to Captain […] Durie one of the ingeniers who as they are informed is designeing for London to last for the space of thrie Moneths from the granting therof.

Att Edinburgh the Twentie Nynth day of November Jaj vic Nyntie Eight

D1698/11/141

Procedure

Recommendation To Earl of Argyle to give a forelofe to Captain Durie

The Lords of his Majesties privy Councill Doe hereby Recommend to the Earle of Argyle Commander in Cheiff of his Majesties forces within this kingdome for the time to grant a forelofe to Captain […] Durie one of the ingeniers who as they are informed is designeing for London to last for the space of thrie Moneths from the granting therof.

1. NRS, PC2/27, 155v.

1. NRS, PC2/27, 155v.

Procedure, 29 November 1698, Edinburgh

Att Edinburgh the Twentie Nynth day of November Jaj vic Nyntie Eight

D1698/11/131

Procedure

Recomendatione to my Lord Advocat to enquyre anent a Challeng by a fenceing Master to another

Sir James Stewart his Majesties advocat haveing represented to the Lords of his Majesties privy Councill that ther was Just now put into his hands a Challenge at Sharps, which was sent by one fenceing Master by another to be performed in face of the Schooll, and severalls of the Councellors informing that it was bot a bussines of Sport, and that ther was no hazard in it, The saids Lords doe hereby Recommend to the said Lord advocat to enquyre farder in the matter, and to report to the Councill, or do therin as his Lordship shall think fitt.

Att Edinburgh the Twentie Nynth day of November Jaj vic Nyntie Eight

D1698/11/131

Procedure

Recomendatione to my Lord Advocat to enquyre anent a Challeng by a fenceing Master to another

Sir James Stewart his Majesties advocat haveing represented to the Lords of his Majesties privy Councill that ther was Just now put into his hands a Challenge at Sharps, which was sent by one fenceing Master by another to be performed in face of the Schooll, and severalls of the Councellors informing that it was bot a bussines of Sport, and that ther was no hazard in it, The saids Lords doe hereby Recommend to the said Lord advocat to enquyre farder in the matter, and to report to the Councill, or do therin as his Lordship shall think fitt.

1. NRS, PC2/27, 154v-155r.

1. NRS, PC2/27, 154v-155r.

Sederunt, 29 November 1698, Edinburgh

Att Edinburgh the Twentie Nynth day of November Jaj vic Nyntie Eight1

D1698/11/122

Sederunt

Lord Chancelor; Duke of Queensbery; Earl of Argyle; Earl of Crafurd; Earl of Mortoune; Earl of Lauderdale; Earl of Lowdone; Earl of Anandale; Lord Jedburgh; Lord Polwarth; Lord Carmichaell; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Phesdoe; Laird of Pollock; Laird of Blackborony; Lord Provost of Edinburgh

Att Edinburgh the Twentie Nynth day of November Jaj vic Nyntie Eight1

D1698/11/122

Sederunt

Lord Chancelor; Duke of Queensbery; Earl of Argyle; Earl of Crafurd; Earl of Mortoune; Earl of Lauderdale; Earl of Lowdone; Earl of Anandale; Lord Jedburgh; Lord Polwarth; Lord Carmichaell; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Phesdoe; Laird of Pollock; Laird of Blackborony; Lord Provost of Edinburgh

1. NRS, PC2/27, 155v.

2. NRS, PC2/27, 155v.

1. NRS, PC2/27, 155v.

2. NRS, PC2/27, 155v.

Act, 24 November 1698, Edinburgh

Att Edinburgh the Twentie Fourth day of November Jaj vic Nyntie Eight

D1698/11/111

Act

Act Hepburne etc Against Mr William Russell

Anent the Petition given in to the Lords of his Majesties privy Councill by Robert Hepburn of Bearford Gilbert Storie of Morham Kirkall for themselves and the remanent heritors and parishioners of Morcham Shewing That wher Mr William Russell once the petitioners pastor was after proces before the presbytrie at lenth upon the twentie Eight of december Jaj vic Nyntie Seven deposed by the Synod of Lothian from the Ministeriall function Likewayes the said Synowd by their act the fourth of May Jaj vic Nyntie Eight Ratified and approved the said Sentence and depositione Nemine contra directe Notwithstanding wherof the said Mr William Russell does still Continue to possess the manse and gleib and wilfully Refuses to remove himself and his family therfrae, And seing by the act of parliament Jaj vic Nyntie thrie It was statute that the saids Lords and all other Magistrats give all due assistance for makeing the Sentances and Censures of the Church and Judicaturs therof obeyed, or otherwayes effectuall as accords, and that it hath been The saids Lords Custome in such cases to direct Letters for charging of persones deposed to remove them selves and families from the Gleibs and Manse of the kirks from which they are deposed. And Therfore Humbly Craveing the saids Lords would be pleased in Consideration of the premysses and of the said sentances therwith produced to give warrand for Letters for Chargeing of the said Mr William Russell to remove himself and his family from the said Manse and Gleib at the terme of Mertimass nixt without farder delay to the effect the same may be left red and void for a new Minister to serve the cure at the said kirk Especialy Seing his wilfull continuance to sitt still in the said Manse and gleib hath been hitherto a hinderance to the planting of their said kirk to which the said Mr William Russell by express acts of this Church can never possibly returne as the petitione bears. The Lords of his majesties privy Councill haveing Considered this petition given in to them by the above Robert Hepburne of Bearford Gilbert Stovie of Morham Kirkill for themselves and the remanents heritors and parishioners of Morhame with the act of the Synod of the fourth of may Last mentioned therin and produced therwith, They hereby authorize and give warrand to their Clerks of Councill to give out Letters of horning for Charging the said Mr William Russell to remove himself and his wife family tennents and Servants from the Manse and gleib of the said kirk of Morehame within fiftein dayes nixt after he shall be Charged therto without farder delay, and to leave the Samen void and redd for a new Minister to Serve the cure at the said kirk in Comon Style, and in case of disobedience to give out Letters of Caption against the said Mr William to the effect forsaid.

Att Edinburgh the Twentie Fourth day of November Jaj vic Nyntie Eight

D1698/11/111

Act

Act Hepburne etc Against Mr William Russell

Anent the Petition given in to the Lords of his Majesties privy Councill by Robert Hepburn of Bearford Gilbert Storie of Morham Kirkall for themselves and the remanent heritors and parishioners of Morcham Shewing That wher Mr William Russell once the petitioners pastor was after proces before the presbytrie at lenth upon the twentie Eight of december Jaj vic Nyntie Seven deposed by the Synod of Lothian from the Ministeriall function Likewayes the said Synowd by their act the fourth of May Jaj vic Nyntie Eight Ratified and approved the said Sentence and depositione Nemine contra directe Notwithstanding wherof the said Mr William Russell does still Continue to possess the manse and gleib and wilfully Refuses to remove himself and his family therfrae, And seing by the act of parliament Jaj vic Nyntie thrie It was statute that the saids Lords and all other Magistrats give all due assistance for makeing the Sentances and Censures of the Church and Judicaturs therof obeyed, or otherwayes effectuall as accords, and that it hath been The saids Lords Custome in such cases to direct Letters for charging of persones deposed to remove them selves and families from the Gleibs and Manse of the kirks from which they are deposed. And Therfore Humbly Craveing the saids Lords would be pleased in Consideration of the premysses and of the said sentances therwith produced to give warrand for Letters for Chargeing of the said Mr William Russell to remove himself and his family from the said Manse and Gleib at the terme of Mertimass nixt without farder delay to the effect the same may be left red and void for a new Minister to serve the cure at the said kirk Especialy Seing his wilfull continuance to sitt still in the said Manse and gleib hath been hitherto a hinderance to the planting of their said kirk to which the said Mr William Russell by express acts of this Church can never possibly returne as the petitione bears. The Lords of his majesties privy Councill haveing Considered this petition given in to them by the above Robert Hepburne of Bearford Gilbert Stovie of Morham Kirkill for themselves and the remanents heritors and parishioners of Morhame with the act of the Synod of the fourth of may Last mentioned therin and produced therwith, They hereby authorize and give warrand to their Clerks of Councill to give out Letters of horning for Charging the said Mr William Russell to remove himself and his wife family tennents and Servants from the Manse and gleib of the said kirk of Morehame within fiftein dayes nixt after he shall be Charged therto without farder delay, and to leave the Samen void and redd for a new Minister to Serve the cure at the said kirk in Comon Style, and in case of disobedience to give out Letters of Caption against the said Mr William to the effect forsaid.

1. NRS, PC2/27, 154v-155r.

1. NRS, PC2/27, 154v-155r.

Sederunt, 24 November 1698, Edinburgh

Att Edinburgh the Twentie Fourth day of November Jaj vic Nyntie Eight1

D1698/11/102

Sederunt

Lord Chancelor; Duke of Queensbery PS:; Earl of Argyle; Earl of Crafurd; Earl of Mortone; Earl of Galloway; Earl of Lothian; Earl of Lowdone; Earl of Anandale; Earl of Northesk; Lord Strathnaver; Lord Montgomrie; Lord Jedburgh; Lord Ross; Lord Carmichell; Lord Advocat; Lord Justice Clerk; Lord Aberurchill; Lord Halcraig; Lord Phesdo; Laird of Pollock; Lord Provest of Edinburgh

Att Edinburgh the Twentie Fourth day of November Jaj vic Nyntie Eight1

D1698/11/102

Sederunt

Lord Chancelor; Duke of Queensbery PS:; Earl of Argyle; Earl of Crafurd; Earl of Mortone; Earl of Galloway; Earl of Lothian; Earl of Lowdone; Earl of Anandale; Earl of Northesk; Lord Strathnaver; Lord Montgomrie; Lord Jedburgh; Lord Ross; Lord Carmichell; Lord Advocat; Lord Justice Clerk; Lord Aberurchill; Lord Halcraig; Lord Phesdo; Laird of Pollock; Lord Provest of Edinburgh

1. NRS, PC2/27, 154v.

2. NRS, PC2/27, 154v.

1. NRS, PC2/27, 154v.

2. NRS, PC2/27, 154v.

Procedure, 17 November 1698, Edinburgh

Att Edinburgh the Seventeinth day of November Jaj vic Nyntie Eight

D1698/11/81

Procedure

Mr David Forbes Reprimanded and excused

Master David Forbes advocat being called before the Councill to answer anent Some undecent expressions in a petition drawen by him given in to the Councill and read upon Thursday last being the tenth of November instant in the proces the Laird of Balnagowen against the Earle of Tillibardin etc and the said Mr David Forbes haveing appeared at the Councill Barr, and haveing acknowledged that he was the drawer of the petitione now quarrelled and humbly begged pardon of the Lords of Councill and particularly of the Lords of the Committie for any offence given be his petition, and declared that if the petition has given any offence it was altogither without designe of the drawer who owes all deferrence both to the Councill and their Committie, And humbly Craves the Councill and Committies pardon and promised niver to fall in the Like mistake or escape in time comeing, and the said Mr David being removed and therafter called in againe The Lord Chancelor in face of Councill Did give Mr David a repremand, and declared the Councill had accepted of his honest and free acknowledgment and therupon had pardoned him; and advised him to be Sinsible of the Councills favor to him, and to advert not to offend the Councill or their Committie or Committies at any time hereafter.

Att Edinburgh the Seventeinth day of November Jaj vic Nyntie Eight

D1698/11/81

Procedure

Mr David Forbes Reprimanded and excused

Master David Forbes advocat being called before the Councill to answer anent Some undecent expressions in a petition drawen by him given in to the Councill and read upon Thursday last being the tenth of November instant in the proces the Laird of Balnagowen against the Earle of Tillibardin etc and the said Mr David Forbes haveing appeared at the Councill Barr, and haveing acknowledged that he was the drawer of the petitione now quarrelled and humbly begged pardon of the Lords of Councill and particularly of the Lords of the Committie for any offence given be his petition, and declared that if the petition has given any offence it was altogither without designe of the drawer who owes all deferrence both to the Councill and their Committie, And humbly Craves the Councill and Committies pardon and promised niver to fall in the Like mistake or escape in time comeing, and the said Mr David being removed and therafter called in againe The Lord Chancelor in face of Councill Did give Mr David a repremand, and declared the Councill had accepted of his honest and free acknowledgment and therupon had pardoned him; and advised him to be Sinsible of the Councills favor to him, and to advert not to offend the Councill or their Committie or Committies at any time hereafter.

1. NRS, PC2/27, 144v.

1. NRS, PC2/27, 144v.

Sederunt, 17 November 1698, Edinburgh

Att Edinburgh the Seventeinth day of November Jaj vic Nyntie Eight1

D1698/11/72

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Duke of Queensbery P:S:; Earl of Argyle; Earl of Crafurd; Earl of Mortoune; Earl of Lauderdale; Earl of Lothian; Earl of Lowdon; Earl of Anandale; Lord Strathnaver; Lord Montgomrie; Lord Ross; Lord Carmicheall; Lord Ruthven; Lord President of Session; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Laird of Grant; Laird of Stivenson

Att Edinburgh the Seventeinth day of November Jaj vic Nyntie Eight1

D1698/11/72

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Duke of Queensbery P:S:; Earl of Argyle; Earl of Crafurd; Earl of Mortoune; Earl of Lauderdale; Earl of Lothian; Earl of Lowdon; Earl of Anandale; Lord Strathnaver; Lord Montgomrie; Lord Ross; Lord Carmicheall; Lord Ruthven; Lord President of Session; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Laird of Grant; Laird of Stivenson

1. NRS, PC2/27, 144r.

2. NRS, PC2/27, 144v.

1. NRS, PC2/27, 144r.

2. NRS, PC2/27, 144v.

Act, 15 November 1698 (pm), Edinburgh

Att Edinburgh the Fifteinth day of November Jaj vic Nyntie Eight years Post Meridiem

D1698/11/61

Act

Act James Turner and Cautioners

Anent the petition given in to the Lords of his Majesties privy Councill be James Turner Cabinat maker and Thomas Wyllie merchant in Edinburgh Shewing That wher the wrights and trades of Edinburgh haveing Conveened the said James Turner the petitioner before the toune Councill of Edinburgh as one that hade unlawfully sett up in prejudice of their trade He not being freeman and burges of the toune, and altho it was represented for the said James That the trade in which he did work did nowayes interfeir with that of the wrights, He only exerceing the office of ane Cabinat and Mirror glass maker of which there is non in the kingdome And also he haveing represented that by ane act of the saids Lords he was authorized to exerce the said Imployment, and so could not be disturbed therin or debarred therof The toune Councill gave Sentence against the petitioner in the Soume of Twentie pounds Sterling and for payment wherof, He was Imprisoned so that he was forced for his own Liberatione to apply of new againe to the saids Lords and enacted the forsaid Thomas Wyllie the now petitioner for the forsaid soume of Twenty pounds Sterling incase it should be found that the petitioners Imprisonment was warrantable Wherupon the saids Lords of new again ordained the petitioner to be sett at Libertie and Confirmed the former priviledges they granted in the petitioners favors and ordained the wrights to Cease from troubleing the petitioner in all time therafter Likeas in the sixth session of this Current parliament the petitioner obtained ane ratificatione of the saids Lords two former acts of Councill in the petitioners favors with ane full and free Libertie to work and exerce the petitioners Airt and trade within the toune of Edinburgh in all time comeing, and all persones discharged from troubling or letting the petitioner therin in any time hereafter, And now Seeing the said Thomas Wyllie the petitioners Cautioner was very pressing to have his bond up and be free of his said Cautionne, Likeas he hath severall goods of the petitioners, which he retaines for the security which the petitioners present necessitie Calls for, And Therfore humbly Craveing the saids Lords would be pleased to Ordaine the Clerk of Councill to give up the said bond to the petitioner and his Cautioner Conforme to the saids two acts of Councill and ratification in parliament abovespecified given in as the petitione bears, The Lords of his majesties privy Councill Haveing Considered this petition given in to them be the above James Turner, They hereby appoint the bond granted by the petitioner and the above Thomas Wyllie to be given up and delyvered to them by the Clerks of Councill upon their recept therof for which this shall be to all concerned a Sufficient warrant

Att Edinburgh the Fifteinth day of November Jaj vic Nyntie Eight years Post Meridiem

D1698/11/61

Act

Act James Turner and Cautioners

Anent the petition given in to the Lords of his Majesties privy Councill be James Turner Cabinat maker and Thomas Wyllie merchant in Edinburgh Shewing That wher the wrights and trades of Edinburgh haveing Conveened the said James Turner the petitioner before the toune Councill of Edinburgh as one that hade unlawfully sett up in prejudice of their trade He not being freeman and burges of the toune, and altho it was represented for the said James That the trade in which he did work did nowayes interfeir with that of the wrights, He only exerceing the office of ane Cabinat and Mirror glass maker of which there is non in the kingdome And also he haveing represented that by ane act of the saids Lords he was authorized to exerce the said Imployment, and so could not be disturbed therin or debarred therof The toune Councill gave Sentence against the petitioner in the Soume of Twentie pounds Sterling and for payment wherof, He was Imprisoned so that he was forced for his own Liberatione to apply of new againe to the saids Lords and enacted the forsaid Thomas Wyllie the now petitioner for the forsaid soume of Twenty pounds Sterling incase it should be found that the petitioners Imprisonment was warrantable Wherupon the saids Lords of new again ordained the petitioner to be sett at Libertie and Confirmed the former priviledges they granted in the petitioners favors and ordained the wrights to Cease from troubleing the petitioner in all time therafter Likeas in the sixth session of this Current parliament the petitioner obtained ane ratificatione of the saids Lords two former acts of Councill in the petitioners favors with ane full and free Libertie to work and exerce the petitioners Airt and trade within the toune of Edinburgh in all time comeing, and all persones discharged from troubling or letting the petitioner therin in any time hereafter, And now Seeing the said Thomas Wyllie the petitioners Cautioner was very pressing to have his bond up and be free of his said Cautionne, Likeas he hath severall goods of the petitioners, which he retaines for the security which the petitioners present necessitie Calls for, And Therfore humbly Craveing the saids Lords would be pleased to Ordaine the Clerk of Councill to give up the said bond to the petitioner and his Cautioner Conforme to the saids two acts of Councill and ratification in parliament abovespecified given in as the petitione bears, The Lords of his majesties privy Councill Haveing Considered this petition given in to them be the above James Turner, They hereby appoint the bond granted by the petitioner and the above Thomas Wyllie to be given up and delyvered to them by the Clerks of Councill upon their recept therof for which this shall be to all concerned a Sufficient warrant

1. NRS, PC2/27, 143v-144r.

1. NRS, PC2/27, 143v-144r.

Act, 15 November 1698 (pm), Edinburgh

Att Edinburgh the Fifteinth day of November Jaj vic Nyntie Eight years Post Meridiem

D1698/11/51

Act

Act for citeing Mr David Forbes

The Lords of his Majesties privy Councill Doe hereby give order and warrant to their Macers to cite Mr David Forbes advocat to Compear before their Lordships upon Thursday nixt the Seventein of November To answer anent a petition given in to their Lordships upon Thursday last the Tenth of the said moneth Which Charles Row wryter to the Signet being Examined this day in presence of their Lordships as haveing given in the Same to the Clerks of Councill, Declares he received from the said Mr David Forbes, Which petitione is given in, In name of the Laird of Balnagowen, In the proces at his instance at his instance2 against the Earle of Tullibardin.

Att Edinburgh the Fifteinth day of November Jaj vic Nyntie Eight years Post Meridiem

D1698/11/51

Act

Act for citeing Mr David Forbes

The Lords of his Majesties privy Councill Doe hereby give order and warrant to their Macers to cite Mr David Forbes advocat to Compear before their Lordships upon Thursday nixt the Seventein of November To answer anent a petition given in to their Lordships upon Thursday last the Tenth of the said moneth Which Charles Row wryter to the Signet being Examined this day in presence of their Lordships as haveing given in the Same to the Clerks of Councill, Declares he received from the said Mr David Forbes, Which petitione is given in, In name of the Laird of Balnagowen, In the proces at his instance at his instance2 against the Earle of Tullibardin.

1. NRS, PC2/27, 143v.

2. Sic.

1. NRS, PC2/27, 143v.

2. Sic.