Order, 4 September 1704, Edinburgh

Edinburgh the 4th September 1704

D1704/9/71

Order

Recommendation In favours of the macers of Sessione

Anent the petition given in and presented to the Lord high Chancellor and the Lords of her Majesties privie Councill by the four ordinary Meacers, Shewing that wher their petitioners have been at great pains and fatigue in serving this last session of parliament for which they have been alwayes in use to be Recommended to the Lords Commissioners of her majesties Thesaury for ane allowance in consideration of their service, and when the parliament through other pressing bussiness Did ommitt to grant us the said Recommendation, their Lordships have been in constant use to grant us the same, and therfore Creaving to the effect aftermentioned as the said petition bears. The Lords of her Majesties privy Councill having considered the above petition given in to them by the four ordinary meacers before the Lords of Councill and Session, and the Samen being read in their presence The saids Lords Doe heirby Recommend the petitioners to the Lords Commissioners of her Majesties Thesaury, for such ane allowance as their Lordships shall think fitt. In consideration of their service and attendance during the last session of parliament.

Edinburgh the 4th September 1704

D1704/9/71

Order

Recommendation In favours of the macers of Sessione

Anent the petition given in and presented to the Lord high Chancellor and the Lords of her Majesties privie Councill by the four ordinary Meacers, Shewing that wher their petitioners have been at great pains and fatigue in serving this last session of parliament for which they have been alwayes in use to be Recommended to the Lords Commissioners of her majesties Thesaury for ane allowance in consideration of their service, and when the parliament through other pressing bussiness Did ommitt to grant us the said Recommendation, their Lordships have been in constant use to grant us the same, and therfore Creaving to the effect aftermentioned as the said petition bears. The Lords of her Majesties privy Councill having considered the above petition given in to them by the four ordinary meacers before the Lords of Councill and Session, and the Samen being read in their presence The saids Lords Doe heirby Recommend the petitioners to the Lords Commissioners of her Majesties Thesaury, for such ane allowance as their Lordships shall think fitt. In consideration of their service and attendance during the last session of parliament.

1. NRS, PC2/28, 295r.

1. NRS, PC2/28, 295r.

Order, 4 September 1704, Edinburgh

Edinburgh the 4th September 1704

D1704/9/61

Order

Recomendation In favours of the in Exchequer

Anent the petition given in and presented to the Lord high Chancellor and the Lords of her Majesties privie Councill by the Servants in Exchequer, Shewing that during the sitting of the last session of parliament the meetings therof being so frequent, ther were no meetings either of Thesaury or Exchequer (althoug the petitioners attendance were more close than in the tyme of Session when Thesaury and Exchequer sitts) wherby the petitioners were altogither frustrat of any Casualitie falling to them by these meetings which is the great mean of ther subsistence, And their Lordships being in use to Recommend the petitioners to the Lords of her Majesties Thesaury for such allowance as their Lordships shall think fitt, and in use to be granted to the petitioners on that accompt. And therfore Creaving to the effect aftermentioned as the said petition bears, The Lords of Her Majesties privie Councill having Considered the above petition given in to them by the servants in Exchequer, and the samen being read in their presence, The saids Lords Doe heirby Recommend the petitioners to the Lords Commissioners of her Majesties Thesaury for such ane allowance as their Lordships Shall think fitt on account of their closs attendance during the last session of parliament though the Thesaury nor Exchequer mett not as in tyme of session.

Edinburgh the 4th September 1704

D1704/9/61

Order

Recomendation In favours of the in Exchequer

Anent the petition given in and presented to the Lord high Chancellor and the Lords of her Majesties privie Councill by the Servants in Exchequer, Shewing that during the sitting of the last session of parliament the meetings therof being so frequent, ther were no meetings either of Thesaury or Exchequer (althoug the petitioners attendance were more close than in the tyme of Session when Thesaury and Exchequer sitts) wherby the petitioners were altogither frustrat of any Casualitie falling to them by these meetings which is the great mean of ther subsistence, And their Lordships being in use to Recommend the petitioners to the Lords of her Majesties Thesaury for such allowance as their Lordships shall think fitt, and in use to be granted to the petitioners on that accompt. And therfore Creaving to the effect aftermentioned as the said petition bears, The Lords of Her Majesties privie Councill having Considered the above petition given in to them by the servants in Exchequer, and the samen being read in their presence, The saids Lords Doe heirby Recommend the petitioners to the Lords Commissioners of her Majesties Thesaury for such ane allowance as their Lordships Shall think fitt on account of their closs attendance during the last session of parliament though the Thesaury nor Exchequer mett not as in tyme of session.

1. NRS, PC2/28, 294v-295r.

1. NRS, PC2/28, 294v-295r.

Order, 4 September 1704, Edinburgh

Edinburgh the 4th September 1704

D1704/9/51

Order

Recommendation In favours of Thomas Kennedy and David Miller

Anent the petition given in and presented to His Grace Her Majesties High Commissioner and the Lords of her majesties privie Councill by Thomas Kennedy and David Millar Underkeepers of the parliament house Shewing that wher their petitioners had sustained loss through the adjournment of a pairt of the last Summar Session, and that we had not gott any thing allowed us by the Thesaury for the last three Sessions of parliament, and that we were at great pains and Trouble in making the house clean every morning and attending the Honorable Members of parliament their orders during the sitting therof and that their petitioners are reduced to great striats and wants having nothing to maintain ourselves and poor families and therfore creaving to the effect aftermentioned as the said petition bears. The Lords of her Majesties privy Councill having considered the above petition given in to them by Thomas Kennedy and David Millar underkeepers of the parliament house, and the samen being read in their presence the saids Lords Doe heirby Recommend the petitioners to the Lords Commissioners of her Majesties Thesaury, for some gratuity for their extraordinary attendance this last session of parliament

Edinburgh the 4th September 1704

D1704/9/51

Order

Recommendation In favours of Thomas Kennedy and David Miller

Anent the petition given in and presented to His Grace Her Majesties High Commissioner and the Lords of her majesties privie Councill by Thomas Kennedy and David Millar Underkeepers of the parliament house Shewing that wher their petitioners had sustained loss through the adjournment of a pairt of the last Summar Session, and that we had not gott any thing allowed us by the Thesaury for the last three Sessions of parliament, and that we were at great pains and Trouble in making the house clean every morning and attending the Honorable Members of parliament their orders during the sitting therof and that their petitioners are reduced to great striats and wants having nothing to maintain ourselves and poor families and therfore creaving to the effect aftermentioned as the said petition bears. The Lords of her Majesties privy Councill having considered the above petition given in to them by Thomas Kennedy and David Millar underkeepers of the parliament house, and the samen being read in their presence the saids Lords Doe heirby Recommend the petitioners to the Lords Commissioners of her Majesties Thesaury, for some gratuity for their extraordinary attendance this last session of parliament

1. NRS, PC2/28, 294v.

1. NRS, PC2/28, 294v.

Act, 4 September 1704, Edinburgh

Edinburgh the 4th September 1704

D1704/9/41

Act

Act In favours of Robert Gray

Anent the petition given in and presented to the Lords of Her Majesties privie Councill by Robert Gray younger Skipper in Leith for present prisoner in Dunkirk, Shewing that wher the petitioner did represent to their Lordships upon Wednesday last by ane petition that He and two of his men being coming from Dantzick with his Ship and Loadning to Aberdein was taken by a French privateir and was carried to Dunkirk, and ther is detained with his ship Loadning and two of his men, and their Lordships having by their warrand dated the said thirtieth day of August last appoynted and ordained Jacobus Soetanii Captain of the French Privateir first taken by Captain Thomas Gordon in Scotland with two of his men to be sett at liberty, Furth of the Tolbooth of Edinburgh, with full freedome to go about their lawfull affairs and to return to France upon the Captain and his Doers their giving Bond and finding sufficient Caution acted in their Lordships books, That the petitioner, and two of his Men lying in Dunkirk might Speedily be released, and have a sufficient and valid pass to go to Scotland, and that under the penalty of four hunder pound Sterling in caise the Captain fail in the premisses, and ordained the Keeper of the Tolbooth to sett them at Liberty, upon their finding Caution as said is, and the said Captain having refused and failzied to give bond and find Caution in the terms forsaid although he ingadged so to doe befor I applyed first to their Lordships In respect he hears that ther is a warrand from their Lordships for sending the haill French prisoners to Newcastle wher he will be exchanged ortherwayes without exception of the said Captain and two of his men whom their Lordships by the forsaid speciall warrand, In my favours ordained, only to be sett at Libertie upon their finding Caution as said is. By vertue of which generall warrand, The keeper of the Tolbooth intends to let the said Captain and his two men go with the rest of the French prisoners, without regard to the forsaid speciall warrand in my favoures, and therfore Creaving to the effect aftermentioned as the said petition bears. The Lords of Her Majesties privie Councill having considered the above petition given in to them by Robert Gray younger Skipper in Leith, for present prisoner in Dunkirk and the Samen being read in their presence, The saids Lords doe heirby appoynt and ordain the Magistrats of Edinburgh and keepers of their Tolbooth to keep hodl and detain the persons of Jacobus Soetany Captain of the French privateir first taken by Captain Thomas Gordon in Scotland, and two of his men viz Gerard Druive and Jacob Strobbe prisoners in their Tolbooth of Edinburgh untill the said Captain give Bond and find Sufficient Caution acted in the books of privy Councill That the petitioner and two of his men lying in Dunkirk shall be Speedily released and have a sufficient and valid pass to goe to Scotland, and that under the penalty of Four hundereth pound Sterling, In caice the Captain faill in the premisses or at least untill by sufficient testificats from France it be made appear that the petitioner and his two Men are sett at Liberty and have a valid pass to go to Scotland without trouble or molestation and in either of the two caices the saids Lords doe heirby Give order and warrant to the Magistrats of Edinburgh and Keepers of their Tolbooth To Sett the said Jacobus Soetany with his said two men at Libertie furth of their Tolbooth, and that without payment of house dues with full libertie and freedome to them to goe about their lawfull affairs, and return to France without trouble or molestation.

Edinburgh the 4th September 1704

D1704/9/41

Act

Act In favours of Robert Gray

Anent the petition given in and presented to the Lords of Her Majesties privie Councill by Robert Gray younger Skipper in Leith for present prisoner in Dunkirk, Shewing that wher the petitioner did represent to their Lordships upon Wednesday last by ane petition that He and two of his men being coming from Dantzick with his Ship and Loadning to Aberdein was taken by a French privateir and was carried to Dunkirk, and ther is detained with his ship Loadning and two of his men, and their Lordships having by their warrand dated the said thirtieth day of August last appoynted and ordained Jacobus Soetanii Captain of the French Privateir first taken by Captain Thomas Gordon in Scotland with two of his men to be sett at liberty, Furth of the Tolbooth of Edinburgh, with full freedome to go about their lawfull affairs and to return to France upon the Captain and his Doers their giving Bond and finding sufficient Caution acted in their Lordships books, That the petitioner, and two of his Men lying in Dunkirk might Speedily be released, and have a sufficient and valid pass to go to Scotland, and that under the penalty of four hunder pound Sterling in caise the Captain fail in the premisses, and ordained the Keeper of the Tolbooth to sett them at Liberty, upon their finding Caution as said is, and the said Captain having refused and failzied to give bond and find Caution in the terms forsaid although he ingadged so to doe befor I applyed first to their Lordships In respect he hears that ther is a warrand from their Lordships for sending the haill French prisoners to Newcastle wher he will be exchanged ortherwayes without exception of the said Captain and two of his men whom their Lordships by the forsaid speciall warrand, In my favours ordained, only to be sett at Libertie upon their finding Caution as said is. By vertue of which generall warrand, The keeper of the Tolbooth intends to let the said Captain and his two men go with the rest of the French prisoners, without regard to the forsaid speciall warrand in my favoures, and therfore Creaving to the effect aftermentioned as the said petition bears. The Lords of Her Majesties privie Councill having considered the above petition given in to them by Robert Gray younger Skipper in Leith, for present prisoner in Dunkirk and the Samen being read in their presence, The saids Lords doe heirby appoynt and ordain the Magistrats of Edinburgh and keepers of their Tolbooth to keep hodl and detain the persons of Jacobus Soetany Captain of the French privateir first taken by Captain Thomas Gordon in Scotland, and two of his men viz Gerard Druive and Jacob Strobbe prisoners in their Tolbooth of Edinburgh untill the said Captain give Bond and find Sufficient Caution acted in the books of privy Councill That the petitioner and two of his men lying in Dunkirk shall be Speedily released and have a sufficient and valid pass to goe to Scotland, and that under the penalty of Four hundereth pound Sterling, In caice the Captain faill in the premisses or at least untill by sufficient testificats from France it be made appear that the petitioner and his two Men are sett at Liberty and have a valid pass to go to Scotland without trouble or molestation and in either of the two caices the saids Lords doe heirby Give order and warrant to the Magistrats of Edinburgh and Keepers of their Tolbooth To Sett the said Jacobus Soetany with his said two men at Libertie furth of their Tolbooth, and that without payment of house dues with full libertie and freedome to them to goe about their lawfull affairs, and return to France without trouble or molestation.

1. NRS, PC2/28, 293v-294r.

1. NRS, PC2/28, 293v-294r.

Act, 4 September 1704, Edinburgh

Edinburgh the 4th September 1704

D1704/9/31

Act

[Subsistence granted to James Murehead of Braidisholme younger]

The Lords of Her Majesties privie Councill considering that by the Interloquitor upon the petition given in to their Lordships by Braidisholme younger against his Father both pairties and their Lawyers were appoynted to be readie to Debate next Councill day, but that the Councill being by the Lord high Chancellor adjourned till the third day of october next they could not now fall upon the consideration of the bill and answers and it being moved by some of the members at the Board that the said Braidisholme younger should have ane subsistance out of his Fathers estate during the Dependance and it being put to the vote grant to Breadisholme younger the soume of Thirtie pound Sterling to be payed to him for his subsistence during the Depending of the proces betwixt his Father and him or not and the rolls being called and the votes marked it was carried in the affirmative grant, and therfore the saids Lords of Her Majesties privie Councill have Granted and heirby Grants to the said James Murehead younger of Braidisholme the soume of Thirtie pound Sterling money for his subsistence During the Dependance of the proces betwixt his Father and him and appoynts and ordaines th esaid James Murehead Elder of Braidisholme to pay to James Murehead younger therof his son the soume of Thirtie pounds money forsaid and that during the Dependance as said is, and that betwixt and the day of […] next to come, and that at two terms in the years Whitsunday and Mertimess be equall portions, beginning the first terms payment therof at the terme of Mertimess next to come for the halfe year preceeding and suae furth yearly and termely therafter During the Depending of the proces as said is, and appoynts letters of Horning under the signet of Councill upon ane charge of six dayes alleanarly to be direct heirupon.

Edinburgh the 4th September 1704

D1704/9/31

Act

[Subsistence granted to James Murehead of Braidisholme younger]

The Lords of Her Majesties privie Councill considering that by the Interloquitor upon the petition given in to their Lordships by Braidisholme younger against his Father both pairties and their Lawyers were appoynted to be readie to Debate next Councill day, but that the Councill being by the Lord high Chancellor adjourned till the third day of october next they could not now fall upon the consideration of the bill and answers and it being moved by some of the members at the Board that the said Braidisholme younger should have ane subsistance out of his Fathers estate during the Dependance and it being put to the vote grant to Breadisholme younger the soume of Thirtie pound Sterling to be payed to him for his subsistence during the Depending of the proces betwixt his Father and him or not and the rolls being called and the votes marked it was carried in the affirmative grant, and therfore the saids Lords of Her Majesties privie Councill have Granted and heirby Grants to the said James Murehead younger of Braidisholme the soume of Thirtie pound Sterling money for his subsistence During the Dependance of the proces betwixt his Father and him and appoynts and ordaines th esaid James Murehead Elder of Braidisholme to pay to James Murehead younger therof his son the soume of Thirtie pounds money forsaid and that during the Dependance as said is, and that betwixt and the day of […] next to come, and that at two terms in the years Whitsunday and Mertimess be equall portions, beginning the first terms payment therof at the terme of Mertimess next to come for the halfe year preceeding and suae furth yearly and termely therafter During the Depending of the proces as said is, and appoynts letters of Horning under the signet of Councill upon ane charge of six dayes alleanarly to be direct heirupon.

1. NRS, PC2/28, 293r-293v.

1. NRS, PC2/28, 293r-293v.

Procedure, 4 September 1704, Edinburgh

Edinburgh the 4th September 1704

D1704/9/21

Procedure

Recommendation In favours of the Duke of Argyle

His Grace the Duke of Argyle having represented to the Lords of Her privie Councill that their Lordships had by ane former ordinance of Councill Recomended to the Lord advocat to draw ane state and representation of the whole affair anent the Garrison in the house of Invergarrie belonging to MacDonald of Glengary that the samen might be led before her Majestie for her Majesties more full information therof and that His Grace had some pretensions to Glengarries Estte and thought himself particularly concerned in the forsaid Recommendation The saids Lords of Her Majesties privie Councill having considered the samen Doe heirby Recommend to Sir James Stewart Her Majesties advocat to prepair a state and representation of the whole rights and pretensions that the said Duke of Argyle may have to Glengarries said estate and that the samen together with the representation for Glengarry may be laid befor her Majestie for Her Majesties more full information theranent.

Edinburgh the 4th September 1704

D1704/9/21

Procedure

Recommendation In favours of the Duke of Argyle

His Grace the Duke of Argyle having represented to the Lords of Her privie Councill that their Lordships had by ane former ordinance of Councill Recomended to the Lord advocat to draw ane state and representation of the whole affair anent the Garrison in the house of Invergarrie belonging to MacDonald of Glengary that the samen might be led before her Majestie for her Majesties more full information therof and that His Grace had some pretensions to Glengarries Estte and thought himself particularly concerned in the forsaid Recommendation The saids Lords of Her Majesties privie Councill having considered the samen Doe heirby Recommend to Sir James Stewart Her Majesties advocat to prepair a state and representation of the whole rights and pretensions that the said Duke of Argyle may have to Glengarries said estate and that the samen together with the representation for Glengarry may be laid befor her Majestie for Her Majesties more full information theranent.

1. NRS, PC2/28, 292v-293r.

1. NRS, PC2/28, 292v-293r.

Sederunt, 4 September 1704, Edinburgh

Edinburgh the 4th September 17041

D1704/9/12

Sederunt

Her Majesties Commissioner; Lord Chancellor; Duke of Athole p:s; Duke of Argyle; Earl of Cromerty S; Earl of Marr; Earl of Eglingtoun; Earl of Loudoun; Earl of Forfar; Earl of Kintoir; Earl of Hyndfoord; Earl of Roseberry; Lord Forbes; Lord Justice Clerk; Lord Enstruther; Mr Fra: Montgomery; Laird of Carnwath; Lord Provost of Edinburgh

Edinburgh the 4th September 17041

D1704/9/12

Sederunt

Her Majesties Commissioner; Lord Chancellor; Duke of Athole p:s; Duke of Argyle; Earl of Cromerty S; Earl of Marr; Earl of Eglingtoun; Earl of Loudoun; Earl of Forfar; Earl of Kintoir; Earl of Hyndfoord; Earl of Roseberry; Lord Forbes; Lord Justice Clerk; Lord Enstruther; Mr Fra: Montgomery; Laird of Carnwath; Lord Provost of Edinburgh

1. NRS, PC2/28, 292v.

2. NRS, PC2/28, 292r-292v.

1. NRS, PC2/28, 292v.

2. NRS, PC2/28, 292r-292v.

Order, 30 August 1704, Edinburgh

At Holyroodhouse the thirtie day of August Jaj vic and four years

D1704/8/81

Order

Recommendation In favours of Thomas Kennedy and John Johnstoun

Anent the petition given in and presented to His Grace Her Majesties high Commissioner, and the Lords of Her Majesties privie Councill by Thomas Kennedy and John Johnstoune Keepers of the parliament house, Shewing that wher their petitioners hes been about their Dutie in waiting upon His Grace and the Honorable Estates of parliament during the last session, and its hoped hes given due attendance and full satisfaction to the Honorable members therof as they are bound in Dutie so to doe, And therfor humbly Creaving to the effect aftermentioned as the said petition bears. His Grace Her Majesties high Commissioner and the Lords of Her Majesties privie Councill having considered the above petition Given in to them by Thomas Kennedy and John Johnstoun and the samen being read in their presence His Grace and the saids Lords Doe heirby Recommend the petitioners to the Lords Commissioners of Her Majesties Thesaury for some Gratuity for their Extraordinary attendance the last Session of parliament.

At Holyroodhouse the thirtie day of August Jaj vic and four years

D1704/8/81

Order

Recommendation In favours of Thomas Kennedy and John Johnstoun

Anent the petition given in and presented to His Grace Her Majesties high Commissioner, and the Lords of Her Majesties privie Councill by Thomas Kennedy and John Johnstoune Keepers of the parliament house, Shewing that wher their petitioners hes been about their Dutie in waiting upon His Grace and the Honorable Estates of parliament during the last session, and its hoped hes given due attendance and full satisfaction to the Honorable members therof as they are bound in Dutie so to doe, And therfor humbly Creaving to the effect aftermentioned as the said petition bears. His Grace Her Majesties high Commissioner and the Lords of Her Majesties privie Councill having considered the above petition Given in to them by Thomas Kennedy and John Johnstoun and the samen being read in their presence His Grace and the saids Lords Doe heirby Recommend the petitioners to the Lords Commissioners of Her Majesties Thesaury for some Gratuity for their Extraordinary attendance the last Session of parliament.

1. NRS, PC2/28, 292r-292v.

1. NRS, PC2/28, 292r-292v.

Act, 30 August 1704, Edinburgh

At Holyroodhouse the thirtie day of August Jaj vic and four years

D1704/8/71

Act

Act In favours of James Clark Ingraver

Act the petition given in and presented to His Grace Her Majesties high Commissioner, and the Lords of her Majesties privie Councill by James Clark Graver to the mint, Shewing that the petitioner had finished the sealls and lyen out of his money for the Bullion therof these two years. And therfore Creaving to the effect aftermentioned as the said petition bears His Grace Her Majesties high Commissioner and the Lords of Her Majesties privie Councill having Considered the above petition Given in to them by James Clark Ingraver in the mint, and the samen being read in their presence, His Grace and the saids Lords Doe heirby Recommend the petitioner to the Lords Commissioners of Her Majesties Thesaury for payment making to him of such a soume as their Lordships shall think, for cutting the whole sealls and signets of Councill and session and that at the same rate and pryce as wes formerly payed for them when done in England.

At Holyroodhouse the thirtie day of August Jaj vic and four years

D1704/8/71

Act

Act In favours of James Clark Ingraver

Act the petition given in and presented to His Grace Her Majesties high Commissioner, and the Lords of her Majesties privie Councill by James Clark Graver to the mint, Shewing that the petitioner had finished the sealls and lyen out of his money for the Bullion therof these two years. And therfore Creaving to the effect aftermentioned as the said petition bears His Grace Her Majesties high Commissioner and the Lords of Her Majesties privie Councill having Considered the above petition Given in to them by James Clark Ingraver in the mint, and the samen being read in their presence, His Grace and the saids Lords Doe heirby Recommend the petitioner to the Lords Commissioners of Her Majesties Thesaury for payment making to him of such a soume as their Lordships shall think, for cutting the whole sealls and signets of Councill and session and that at the same rate and pryce as wes formerly payed for them when done in England.

1. NRS, PC2/28, 292r-292v.

1. NRS, PC2/28, 292r-292v.

Act, 30 August 1704, Edinburgh

At Holyroodhouse the thirtie day of August Jaj vic and four years

D1704/8/61

Act

Act In favours of Patrick Smith anent Brewing

Anent the petition given in and presented to the Lords of Her Majesties privie Councill by Patrick Smith Shewing, that wher it will be ane unquestionable benefite to the Kingdome that ale (which is the ordinary Drink of the Inhabitants therof) may be made both the most wholsome and savory by the right drying of malt wherof the Samyne is made, and the petitioner having found out a secret wherby malt may be Dryed by all sorts of fewall whither coalls wood or Turfe so as to receive no impression from the Smoak therof and that in a more easie short and less expensive manner than hath been knowen in the Kingdome, Wherby the Drink brown of the said malt will be alse clear as white wine free of all bad tincture ariseing from the smoake of the fewall wherwith the malt is Dryed more relishing and pleasant to the taste, and altogether more agreeable to Humane health than in the ale hath been heretofore knowen in Kingdome and the petitioner being willing to communicate this his Secret for the benefite of the Nation provyding he receive due incouradgment, And therfore humbly Creaving their Lordships to allow the petitioner the libertie of communicateing this his Secret to such Maltsters and Brewars in the Kingdome as shall think to dry their malt after the manner prescrybed be him at such reasonable pryces and they and he can agree and to restrain all others from drying malt according to that prescription without licence from their petitioner, with certification that these who practise the Samen shall be lyable for the samen pryces to the petitioner as these who received licence from him, and that this priviledge may be granted to the petitioner for the space of Nynteen years, or for such space as their Lordships shall think fitt, as the said petition bears His Grace Her Majesties High Commissioner and the Lords of Her Majesties privy Councill having considered the petition given in to them by Patrick Smith and the samen being read in their presence, His Grace and the saids Lords have allowed and heirby allow the petitioner the libertie of communicating his Secret of Drying of malt by all sorts of fewall whither coalls wood or Turfe so as to receive noe impression from the smoak therof to such maltsters and Brewers in the Kingdome as shall think fitt to Dry there malt after the manner prescribed by him at Such reasonable pryces as they and he can agree and Discharges all others from Drying malt according to that prescription for the space of nyne years from and after the Date heirof without licence from the petitioner, with certification to those who shall practise the same Contrair heirunto Shall be lyable for the Samen pryces to the petitioner as those who received licence from him.

At Holyroodhouse the thirtie day of August Jaj vic and four years

D1704/8/61

Act

Act In favours of Patrick Smith anent Brewing

Anent the petition given in and presented to the Lords of Her Majesties privie Councill by Patrick Smith Shewing, that wher it will be ane unquestionable benefite to the Kingdome that ale (which is the ordinary Drink of the Inhabitants therof) may be made both the most wholsome and savory by the right drying of malt wherof the Samyne is made, and the petitioner having found out a secret wherby malt may be Dryed by all sorts of fewall whither coalls wood or Turfe so as to receive no impression from the Smoak therof and that in a more easie short and less expensive manner than hath been knowen in the Kingdome, Wherby the Drink brown of the said malt will be alse clear as white wine free of all bad tincture ariseing from the smoake of the fewall wherwith the malt is Dryed more relishing and pleasant to the taste, and altogether more agreeable to Humane health than in the ale hath been heretofore knowen in Kingdome and the petitioner being willing to communicate this his Secret for the benefite of the Nation provyding he receive due incouradgment, And therfore humbly Creaving their Lordships to allow the petitioner the libertie of communicateing this his Secret to such Maltsters and Brewars in the Kingdome as shall think to dry their malt after the manner prescrybed be him at such reasonable pryces and they and he can agree and to restrain all others from drying malt according to that prescription without licence from their petitioner, with certification that these who practise the Samen shall be lyable for the samen pryces to the petitioner as these who received licence from him, and that this priviledge may be granted to the petitioner for the space of Nynteen years, or for such space as their Lordships shall think fitt, as the said petition bears His Grace Her Majesties High Commissioner and the Lords of Her Majesties privy Councill having considered the petition given in to them by Patrick Smith and the samen being read in their presence, His Grace and the saids Lords have allowed and heirby allow the petitioner the libertie of communicating his Secret of Drying of malt by all sorts of fewall whither coalls wood or Turfe so as to receive noe impression from the smoak therof to such maltsters and Brewers in the Kingdome as shall think fitt to Dry there malt after the manner prescribed by him at Such reasonable pryces as they and he can agree and Discharges all others from Drying malt according to that prescription for the space of nyne years from and after the Date heirof without licence from the petitioner, with certification to those who shall practise the same Contrair heirunto Shall be lyable for the Samen pryces to the petitioner as those who received licence from him.

1. NRS, PC2/28, 291v-292r.

1. NRS, PC2/28, 291v-292r.