Tag Archives: decreta

Act, 30 August 1704, Edinburgh

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

D1704/8/51

Act

Protection for the Laird of Glengary

His Grace Her Majesties High Commissioner and Lords of Her Majesties privy Councill, Considering that they have by their ordinances of this Date appoynted Alexander MacDonald of Glengarrie to attend the Lords Commissioners of Her Majesties Threasurie and Exchequer for stateing and instructing the Damnages sustained by him in his tour of Invergarie and others by the Garrison ther, And his Circumstances being such that he cannot safely appear befor their Lordships without ane personall protection, Therfore His Grace and the saids Lords have Granted and heirby Grants personall protection to the said Alexander MacDonald of Glengarrie till the twentieth day of September nixt to come, and discharges all meacers Messengers at arm’s and others officialls of the Law from putting any Captions or acts of warding to execution againest him till the said day, Dilligences for Her Majesties rents and revenues alwayes being excepted.

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

D1704/8/51

Act

Protection for the Laird of Glengary

His Grace Her Majesties High Commissioner and Lords of Her Majesties privy Councill, Considering that they have by their ordinances of this Date appoynted Alexander MacDonald of Glengarrie to attend the Lords Commissioners of Her Majesties Threasurie and Exchequer for stateing and instructing the Damnages sustained by him in his tour of Invergarie and others by the Garrison ther, And his Circumstances being such that he cannot safely appear befor their Lordships without ane personall protection, Therfore His Grace and the saids Lords have Granted and heirby Grants personall protection to the said Alexander MacDonald of Glengarrie till the twentieth day of September nixt to come, and discharges all meacers Messengers at arm’s and others officialls of the Law from putting any Captions or acts of warding to execution againest him till the said day, Dilligences for Her Majesties rents and revenues alwayes being excepted.

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

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

Order, 30 August 1704, Edinburgh

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

D1704/8/41

Order

Recommendation to the Threasury in favours of Glengary

Annent the petition given in and presented to His Grace Her Majesties high Commissioner and the Lords of Her Majesties privy Councill by Alexander MacDonald of Glengarrie, Shewing that wheras in the year 1691 the Government having thought fitt, by reason of some troubles than in the Countrey to plant a Garrisone in the petitioners house of Invergarie wherby the petitioner was not only deprived of the use of his property, but likewise very much damnified in his other interest his lands adjacent therto having been lay’d were through the disorderly carriage of the souldiers to the Tennents inhabitants therof, and the woods growing on the saids Lands of a considerable value intirely cutt doun and distroyed, in so much that by occasion of the said Garrison the petitioner has been damnified in the Soume of one hunder and Fiftie pounds sterling yearly since the said year Jaj vic and nyntie one, besides the loss of his house which is likely to become altogether ruinous and unhabitable thorow want of due care and reparation and tho the apparent cause of planting the said Garrison hath long ago ceased, all that Countrey being still peaceable and quiet, in due obedience to authority without the least apprehension of Disturbance or Commotion, Yet the petitioner continues under the forsaid loss and inconvenience in his Interest and property without any redress, and as the claime of Right prohibits the putting of Garrisons in privat mens houses in time of peace, without their Consent, or the authority of parliament, so in whatever manner the Government would find needfull or expedient, To make use of the property of privat subjects as the Exigencies of Govenrment might require, Yet in all Law and Equity that should be upon equivalent satisfaction given to the pairties therby damnified, and therfore humbly Creaving His Grace and their Lordships upon consideration of the premisses to ordain the forsaid Garrisone to be removed from the petitioners said house of Invergarie, and to Recommend it to the Lords of Her Majesties Threasury to reimburse me of the losses and damnages sustained by me in my property and interest in manner forsaid, which I shall verifie and prove to the saids Lords, as the said petition bears. His Grace Her Majesties high Commissioner and the Lords of Her Majesties privy Councill having considered the above petition Given in to them by Alexander McDonald of Glengary and the samen being read in their presence, His Grace and the saids Lords doe heirby Recommend to the Lords Commissioners of Her Majesties Thresaury to call for the said Alexander McDonald, that he may in presence of their Lordships and Brigadeir Maitland Governour of Fortwilliam state and instruct the Damnages sustained by him in his houses of Invergary and others his Lands by the Garrison ther, and Recommends to the Earle of Cromerty principall Secretary of State to lay the affair befor her Majestie that she in her Royall wisdome may consider the condition of the said house of Invergary, and if her Majestie shall please to continue the Garrisone ther that it may be without prejudice to the said Alexander McDonald, and Recommends to Sir James Stewart Her Majesties advocat to prepair a State and Representation of the whole affair anent the Garrison of the said house that the samen may be laid befor Her Majestie, for Her Majesties more full Information theranent.

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

D1704/8/41

Order

Recommendation to the Threasury in favours of Glengary

Annent the petition given in and presented to His Grace Her Majesties high Commissioner and the Lords of Her Majesties privy Councill by Alexander MacDonald of Glengarrie, Shewing that wheras in the year 1691 the Government having thought fitt, by reason of some troubles than in the Countrey to plant a Garrisone in the petitioners house of Invergarie wherby the petitioner was not only deprived of the use of his property, but likewise very much damnified in his other interest his lands adjacent therto having been lay’d were through the disorderly carriage of the souldiers to the Tennents inhabitants therof, and the woods growing on the saids Lands of a considerable value intirely cutt doun and distroyed, in so much that by occasion of the said Garrison the petitioner has been damnified in the Soume of one hunder and Fiftie pounds sterling yearly since the said year Jaj vic and nyntie one, besides the loss of his house which is likely to become altogether ruinous and unhabitable thorow want of due care and reparation and tho the apparent cause of planting the said Garrison hath long ago ceased, all that Countrey being still peaceable and quiet, in due obedience to authority without the least apprehension of Disturbance or Commotion, Yet the petitioner continues under the forsaid loss and inconvenience in his Interest and property without any redress, and as the claime of Right prohibits the putting of Garrisons in privat mens houses in time of peace, without their Consent, or the authority of parliament, so in whatever manner the Government would find needfull or expedient, To make use of the property of privat subjects as the Exigencies of Govenrment might require, Yet in all Law and Equity that should be upon equivalent satisfaction given to the pairties therby damnified, and therfore humbly Creaving His Grace and their Lordships upon consideration of the premisses to ordain the forsaid Garrisone to be removed from the petitioners said house of Invergarie, and to Recommend it to the Lords of Her Majesties Threasury to reimburse me of the losses and damnages sustained by me in my property and interest in manner forsaid, which I shall verifie and prove to the saids Lords, as the said petition bears. His Grace Her Majesties high Commissioner and the Lords of Her Majesties privy Councill having considered the above petition Given in to them by Alexander McDonald of Glengary and the samen being read in their presence, His Grace and the saids Lords doe heirby Recommend to the Lords Commissioners of Her Majesties Thresaury to call for the said Alexander McDonald, that he may in presence of their Lordships and Brigadeir Maitland Governour of Fortwilliam state and instruct the Damnages sustained by him in his houses of Invergary and others his Lands by the Garrison ther, and Recommends to the Earle of Cromerty principall Secretary of State to lay the affair befor her Majestie that she in her Royall wisdome may consider the condition of the said house of Invergary, and if her Majestie shall please to continue the Garrisone ther that it may be without prejudice to the said Alexander McDonald, and Recommends to Sir James Stewart Her Majesties advocat to prepair a State and Representation of the whole affair anent the Garrison of the said house that the samen may be laid befor Her Majestie, for Her Majesties more full Information theranent.

1. NRS, PC2/28, 290v-291r.

1. NRS, PC2/28, 290v-291r.

Act, 30 August 1704, Edinburgh

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

D1704/8/31

Act

Act In favours of Robert Grey Skipper in Leith

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 towards the latter end of June last he being come from Dantzick with his ship and Loadning to Aberdein was taken by a French privateer, and was by them together with his ship and Loadning and two of his men carried to Dunkirk and having hopes that I and my two men may be released in caice I could procure the Releasment of the French Captain of the privateer, and two of his men first taken by Captain Thomas Gordon, And therfore creaving to the effect aftermentioned 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 Robert Gray younger Skiper in Leith present prisoner in Dunkirk, and the samen being read in their presence, His Grace and the saids Lords Doe heirby appoynt and ordain Jacobus Soetonay Captain of the French privateir taken by Captain Gordon in Scotland with two of his men to be sett at libertie furth of the Tolbuith of Edinburgh with full libertie and freedome to them to goe about their lawfull affairs and return to France upon the said Captain and his Doers their giving bond and finding sufficient Caution acited in the books of privy Councill That the petitioner and two of his men Lyeing in Dunkirk shall speedily be 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 said Captain faill in the premisses, and gives order and warrand to the Magistrats of Edinburgh and keeper of their Tolbooth upon his giving bond and finding sufficient Caution as said is to sett him and two of his men at libertie furth of their Tolbooth.

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

D1704/8/31

Act

Act In favours of Robert Grey Skipper in Leith

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 towards the latter end of June last he being come from Dantzick with his ship and Loadning to Aberdein was taken by a French privateer, and was by them together with his ship and Loadning and two of his men carried to Dunkirk and having hopes that I and my two men may be released in caice I could procure the Releasment of the French Captain of the privateer, and two of his men first taken by Captain Thomas Gordon, And therfore creaving to the effect aftermentioned 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 Robert Gray younger Skiper in Leith present prisoner in Dunkirk, and the samen being read in their presence, His Grace and the saids Lords Doe heirby appoynt and ordain Jacobus Soetonay Captain of the French privateir taken by Captain Gordon in Scotland with two of his men to be sett at libertie furth of the Tolbuith of Edinburgh with full libertie and freedome to them to goe about their lawfull affairs and return to France upon the said Captain and his Doers their giving bond and finding sufficient Caution acited in the books of privy Councill That the petitioner and two of his men Lyeing in Dunkirk shall speedily be 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 said Captain faill in the premisses, and gives order and warrand to the Magistrats of Edinburgh and keeper of their Tolbooth upon his giving bond and finding sufficient Caution as said is to sett him and two of his men at libertie furth of their Tolbooth.

1. NRS, PC2/28, 290r-290v.

1. NRS, PC2/28, 290r-290v.

Act, 30 August 1704, Edinburgh

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

D1704/8/21

Act

Act In favours of William Gordon Factor at Paris

Anent the petition given in and presented to Her Majesties High Commissioner and the Lords of Her Majesties privie Councill by William Gordon late factor at Paris, Shewing, that the petitioner receding at Paris a Considerable time before breaking out of the warr did soon after retire himselfe to Italy with a Resolution to withdraw his effects from France to that place and to have remitted the same from thence to Scotland and return through Germany, But it being most malitiously represented by the petitioners Debitors that he was Dead and consequently his effects as a Stranger escheat to the Croun of France, The Kings Tacksmen obtained a Sentence of Confiscation and therupon seased the samen which not only Disapointed the petitioner in his Designe but obliedged him to return to France in order to reduce the sentence of Confiscation which with much trouble and Difficulty he obtained, and the petitioner having still purposed to withdraw himself and all his effects from thence, Humbly layed befor His Grace and Lordships his Circumstances and that he could neither follow his Imployment and Bussiness ther without incurring the penalty of our Law’s nor can he gett his effects brought home without her Majesties allowance and protection being obnoxious to Her Majestie and her allies ships of Warr who would make prize of any Ship or Goods brought from thence, unless Her Majestie Vouchsafe to Grant her royall pasport to the petitioner who has a Ship called the Royall Anne of Leith, Burden about one hundered and fourty Tuns to that purpose, and Seeing that it hath been your Grace and Lord Justice and goodnes in the like caices as that of Robert Arbuthnet and Robert Gordon both factors at France to Recommend her Majesties good Subjects to her Royall favour to have the pasports necessary for the ends abovementioned both for their own preservation and the visible advantage of her Majesties Customs, And Therfore Creaving His Grace and Lordships to Recommend the petitioner to Her Majestie that Her Majestie may be Gratiously pleased to Grant the petitioner her allowance and pasport for bringing home the forsaid ship with such of his goods and effects as are allowable to be imported to this Nation, as the said petition bears. His Grace Her Majesties High Commissioner and Lords of Her Majesties privie Councill having considered the petition given in to them by William Gordon late factor at Paris and the samen being read in their presence the saids Lords doe heirby Recommend to the Earle of Cromerty principall Secretary of State to lay the affair and matter represented in the above petition befor her Majestie, That Her Majesty may be graciously pleased to Grant to the petitioner her allowance and passport for bringing home the above ship belonging to the petitioner Called the Royall Ann of Leith with such of his goods and effects as are allowable to be imported into this Nation, and that otherway’s her Majestie may doe therin as she in her Royall wisdome shall think fitt.

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

D1704/8/21

Act

Act In favours of William Gordon Factor at Paris

Anent the petition given in and presented to Her Majesties High Commissioner and the Lords of Her Majesties privie Councill by William Gordon late factor at Paris, Shewing, that the petitioner receding at Paris a Considerable time before breaking out of the warr did soon after retire himselfe to Italy with a Resolution to withdraw his effects from France to that place and to have remitted the same from thence to Scotland and return through Germany, But it being most malitiously represented by the petitioners Debitors that he was Dead and consequently his effects as a Stranger escheat to the Croun of France, The Kings Tacksmen obtained a Sentence of Confiscation and therupon seased the samen which not only Disapointed the petitioner in his Designe but obliedged him to return to France in order to reduce the sentence of Confiscation which with much trouble and Difficulty he obtained, and the petitioner having still purposed to withdraw himself and all his effects from thence, Humbly layed befor His Grace and Lordships his Circumstances and that he could neither follow his Imployment and Bussiness ther without incurring the penalty of our Law’s nor can he gett his effects brought home without her Majesties allowance and protection being obnoxious to Her Majestie and her allies ships of Warr who would make prize of any Ship or Goods brought from thence, unless Her Majestie Vouchsafe to Grant her royall pasport to the petitioner who has a Ship called the Royall Anne of Leith, Burden about one hundered and fourty Tuns to that purpose, and Seeing that it hath been your Grace and Lord Justice and goodnes in the like caices as that of Robert Arbuthnet and Robert Gordon both factors at France to Recommend her Majesties good Subjects to her Royall favour to have the pasports necessary for the ends abovementioned both for their own preservation and the visible advantage of her Majesties Customs, And Therfore Creaving His Grace and Lordships to Recommend the petitioner to Her Majestie that Her Majestie may be Gratiously pleased to Grant the petitioner her allowance and pasport for bringing home the forsaid ship with such of his goods and effects as are allowable to be imported to this Nation, as the said petition bears. His Grace Her Majesties High Commissioner and Lords of Her Majesties privie Councill having considered the petition given in to them by William Gordon late factor at Paris and the samen being read in their presence the saids Lords doe heirby Recommend to the Earle of Cromerty principall Secretary of State to lay the affair and matter represented in the above petition befor her Majestie, That Her Majesty may be graciously pleased to Grant to the petitioner her allowance and passport for bringing home the above ship belonging to the petitioner Called the Royall Ann of Leith with such of his goods and effects as are allowable to be imported into this Nation, and that otherway’s her Majestie may doe therin as she in her Royall wisdome shall think fitt.

1. NRS, PC2/28, 289r-290r.

1. NRS, PC2/28, 289r-290r.

Sederunt, 30 August 1704, Edinburgh

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At Holyroodhouse the thirtie day of August Jaj vic and four years1

D1704/8/12

Sederunt

Her Majesties Commissioner; Lord Chancellor; Duke of Athole P:S:; Earl of Cromertie S:; Earl of Crafurd; Earl of Erroll; Earl of Sutherland; Earl of Marr; Earl of Buchan; Earl of Eglingtoun; Earl of Loudoun; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Kintoir; Earl of Dunmoire; Earl of Hyndfoord; Lord Haddo; Lord Register; Lord Justice Clerk; Lord Enstruther; Mr Fra: Montgomery; Laird of Collingtoune

At Holyroodhouse the thirtie day of August Jaj vic and four years1

D1704/8/12

Sederunt

Her Majesties Commissioner; Lord Chancellor; Duke of Athole P:S:; Earl of Cromertie S:; Earl of Crafurd; Earl of Erroll; Earl of Sutherland; Earl of Marr; Earl of Buchan; Earl of Eglingtoun; Earl of Loudoun; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Kintoir; Earl of Dunmoire; Earl of Hyndfoord; Lord Haddo; Lord Register; Lord Justice Clerk; Lord Enstruther; Mr Fra: Montgomery; Laird of Collingtoune

1. NRS, PC2/28, 289r.

2. NRS, PC2/28, 289r.

1. NRS, PC2/28, 289r.

2. NRS, PC2/28, 289r.

Act, 20 July 1704, Edinburgh

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At Holyroodhouse the twentie day of July Jaj vic and four years. Extraordinar

D1704/7/41

Act

Act In favours of the Toune of Montross and Dundie

Anent the petition given in and presented to the Lords of his majesties privy Councill by the Magistrats and Toune Councills of the Burghs of Dundie and Montross, Shewing that wher ther were severall Ships bound from Dundie and Montrose for London Loaden with linnen cloath and other goods of Value which were ready to faile and could stay no longer for fear of lossing ther mercat, But durst not adventure out without a Convoy, and seeing that Captain Thomas Gordon with Her Majesties Ship of Warr was now Lying in the road of Leith, and therfor craving to the effect aftermentioned as the said Petition bears. His Grace Her Majesties High Commissioner, And the Lords of Her Majesties privy Councill having considered the within petition Given in to them by the Magistrats and Towne Councill of the Burgh of Dundee and Montrose and the samen being read in their presence His Grace and the saids Lords Doe heirby command ordain and give orders to Captan Thomas Gordon Commander of Her Majesties Friggot the Royall Mary, To saile with the first fair wind from the Road of Leith to Montrose and Dundie, and ther to bring under his Convoy from thence to the said road of Leith such ships as are lying ther, and bound for London, and to Convoy them and such other Ships as are in the said road bound for London, and ready to saile from thence to the Mouth of the River Tyne in England, and to call ther for such Scotts Ships as re bound for Scotland lying ther ready to saile and to Convoy and Conduct them to Leith.

At Holyroodhouse the twentie day of July Jaj vic and four years. Extraordinar

D1704/7/41

Act

Act In favours of the Toune of Montross and Dundie

Anent the petition given in and presented to the Lords of his majesties privy Councill by the Magistrats and Toune Councills of the Burghs of Dundie and Montross, Shewing that wher ther were severall Ships bound from Dundie and Montrose for London Loaden with linnen cloath and other goods of Value which were ready to faile and could stay no longer for fear of lossing ther mercat, But durst not adventure out without a Convoy, and seeing that Captain Thomas Gordon with Her Majesties Ship of Warr was now Lying in the road of Leith, and therfor craving to the effect aftermentioned as the said Petition bears. His Grace Her Majesties High Commissioner, And the Lords of Her Majesties privy Councill having considered the within petition Given in to them by the Magistrats and Towne Councill of the Burgh of Dundee and Montrose and the samen being read in their presence His Grace and the saids Lords Doe heirby command ordain and give orders to Captan Thomas Gordon Commander of Her Majesties Friggot the Royall Mary, To saile with the first fair wind from the Road of Leith to Montrose and Dundie, and ther to bring under his Convoy from thence to the said road of Leith such ships as are lying ther, and bound for London, and to Convoy them and such other Ships as are in the said road bound for London, and ready to saile from thence to the Mouth of the River Tyne in England, and to call ther for such Scotts Ships as re bound for Scotland lying ther ready to saile and to Convoy and Conduct them to Leith.

1. NRS, PC2/28, 288v-289r.

1. NRS, PC2/28, 288v-289r.

Sederunt, 20 July 1704, Edinburgh

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At Holyroodhouse the twentie day of July Jaj vic and four years. Extraordinar1

D1704/7/32

Sederunt

Her Majesties Commissioner; Lord Chancellor; Marquis of Annandale P:C:; Duke of Atholl P:S:; Duke of Argyle; Earl of Cromarty S:; Earl of Crafurd; Earl of AErroll;3 Earl of Marr; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Kintore; Earl of Hyndfoord; Earl of Hoptoune; Lord Haddo; Lord Forbes; Lord President of Session; Lord Advocate; Lord Justice Clerk; Lord Enstruther; Lievetenant General Ramsay

At Holyroodhouse the twentie day of July Jaj vic and four years. Extraordinar1

D1704/7/32

Sederunt

Her Majesties Commissioner; Lord Chancellor; Marquis of Annandale P:C:; Duke of Atholl P:S:; Duke of Argyle; Earl of Cromarty S:; Earl of Crafurd; Earl of AErroll;3 Earl of Marr; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Kintore; Earl of Hyndfoord; Earl of Hoptoune; Lord Haddo; Lord Forbes; Lord President of Session; Lord Advocate; Lord Justice Clerk; Lord Enstruther; Lievetenant General Ramsay

1. NRS, PC2/28, 288v.

2. NRS, PC2/28, 288v.

3. Sic.

1. NRS, PC2/28, 288v.

2. NRS, PC2/28, 288v.

3. Sic.

Act, 4 July 1704, Edinburgh

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Att Edinburgh the fourth day of July Jaj vic and four years

D1704/7/21

Act

Act In favours of The Earle of Carnwath and others of the keeping of Sir Thomas Dalziell of Bins

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By Robert Earle of Carnwath, Collonell Thomas Dalziell uncle to the said Earle and Magdalen Dalziell sister German to Sir Thomas Dalziell of Bins, and James Monteith of Oldcathie her husband for her interest. Shewing That where the said Sir Thomas Dalziell of Bins the petitioners friend and near relation is at present, and hes been, for a good time bygone to the petitioners regrett, troubled with a sore disease and distemper, Which does affect and disturb his reason, Wherby he is continuallie exposed to great dangers to his own person by mobbs and others that does trouble him. As also by the force of his disease he is lyable to squander away and delapidat his best and readiest effects as is too nottourly known, And especiallie to seaverall of your Lordships number, Which necessitats the petitioners to make this application to their Lordships in his behalfe. And therfore humbly desireing that for preservation of the said Sir Thomas his person and Estate, And also the publict peace, Their Lordships would authorize the petitioners to take his person into Custodie within his own house at the Bins, for such a Compitent time as their Lordships shall think fitt, untill furder means be used for his recoverie, And to give orders to any of Her Majesties forces to be assistant to the petitioners, for the forsaid end in the way and manner as their Lordships shall this most Convenient. And in the mean time, To authorize the petitioners To imploy a factor for uplifting so much off Sir Thomas his Rents as may be necessar for his susistance, And the imploying doctors and appothicaries, according to the exigence of his present Condition upon Caution to be comptable for what they uplift. As the said petition Bears. The Lords of Her Majesties privie Councill Haveing considered the above petition given into them By Robert Earle of Carnwath, Collonel Thomas Dalziell uncle to the said Earle, and Magdalen Dalziell sister German to Sir Thomas Dalziell of Bins, and James Monteith of Old Cathie her husband for his interest, And the samen being read in their presence. The saids Lords. Doe heirby Authorize and Impower the petitioners to take into Custodie, The person of Sir Thomas Dalziell of Bins, and detaine him within his own house at Bins till furder means be used for his recovery, and furder order of Councill theranent. And Gives order and warrand to the petitioners, To require from time to time ane Souldier or two from the Governour of Blackness, or any other officer haveing Command of Her Majesties forces to affoord the said assistance to the petitioners in keeping and detaining the said Sir Thomas as said is. And Commands and Ordains the said Governour, and nixt Commanding officer there, or other officers forsaid, To give obediance heirunto accordingly And hereby Impowers authorizes and gives warrand to the petitioners to imploy and constitute a factor for uplifting One Thousand merks Scots money of the said Sir Thomas his rents as necessar for his subsistance, and the imploying doctors and appothecaries according to the Exigence of his present condition upon the factors giveing Bond and finding sufficient Caution acted in the Books of privie Councill that he shall be comptable for what he shall uplift of the said Estate.

Att Edinburgh the fourth day of July Jaj vic and four years

D1704/7/21

Act

Act In favours of The Earle of Carnwath and others of the keeping of Sir Thomas Dalziell of Bins

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By Robert Earle of Carnwath, Collonell Thomas Dalziell uncle to the said Earle and Magdalen Dalziell sister German to Sir Thomas Dalziell of Bins, and James Monteith of Oldcathie her husband for her interest. Shewing That where the said Sir Thomas Dalziell of Bins the petitioners friend and near relation is at present, and hes been, for a good time bygone to the petitioners regrett, troubled with a sore disease and distemper, Which does affect and disturb his reason, Wherby he is continuallie exposed to great dangers to his own person by mobbs and others that does trouble him. As also by the force of his disease he is lyable to squander away and delapidat his best and readiest effects as is too nottourly known, And especiallie to seaverall of your Lordships number, Which necessitats the petitioners to make this application to their Lordships in his behalfe. And therfore humbly desireing that for preservation of the said Sir Thomas his person and Estate, And also the publict peace, Their Lordships would authorize the petitioners to take his person into Custodie within his own house at the Bins, for such a Compitent time as their Lordships shall think fitt, untill furder means be used for his recoverie, And to give orders to any of Her Majesties forces to be assistant to the petitioners, for the forsaid end in the way and manner as their Lordships shall this most Convenient. And in the mean time, To authorize the petitioners To imploy a factor for uplifting so much off Sir Thomas his Rents as may be necessar for his susistance, And the imploying doctors and appothicaries, according to the exigence of his present Condition upon Caution to be comptable for what they uplift. As the said petition Bears. The Lords of Her Majesties privie Councill Haveing considered the above petition given into them By Robert Earle of Carnwath, Collonel Thomas Dalziell uncle to the said Earle, and Magdalen Dalziell sister German to Sir Thomas Dalziell of Bins, and James Monteith of Old Cathie her husband for his interest, And the samen being read in their presence. The saids Lords. Doe heirby Authorize and Impower the petitioners to take into Custodie, The person of Sir Thomas Dalziell of Bins, and detaine him within his own house at Bins till furder means be used for his recovery, and furder order of Councill theranent. And Gives order and warrand to the petitioners, To require from time to time ane Souldier or two from the Governour of Blackness, or any other officer haveing Command of Her Majesties forces to affoord the said assistance to the petitioners in keeping and detaining the said Sir Thomas as said is. And Commands and Ordains the said Governour, and nixt Commanding officer there, or other officers forsaid, To give obediance heirunto accordingly And hereby Impowers authorizes and gives warrand to the petitioners to imploy and constitute a factor for uplifting One Thousand merks Scots money of the said Sir Thomas his rents as necessar for his subsistance, and the imploying doctors and appothecaries according to the Exigence of his present condition upon the factors giveing Bond and finding sufficient Caution acted in the Books of privie Councill that he shall be comptable for what he shall uplift of the said Estate.

1. NRS, PC2/28, 287r-288v.

1. NRS, PC2/28, 287r-288v.

Sederunt, 4 July 1704, Edinburgh

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Att Edinburgh the fourth day of July Jaj vic and four years1

D1704/7/12

Sederunt

Lord Chancellor; Earl of Cromarty S:; Earl of Erroll; Earl of Eglintoun; Earl of Lauderdale; Earl of Loudoun; Earl of Findlatter; Earl of Forfar; Earl of Kintore; Viscount Garnock; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomry; Laird of Collingtoun; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh

Att Edinburgh the fourth day of July Jaj vic and four years1

D1704/7/12

Sederunt

Lord Chancellor; Earl of Cromarty S:; Earl of Erroll; Earl of Eglintoun; Earl of Lauderdale; Earl of Loudoun; Earl of Findlatter; Earl of Forfar; Earl of Kintore; Viscount Garnock; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomry; Laird of Collingtoun; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh

1. NRS, PC2/28, 287v.

2. NRS, PC2/28, 287v.

1. NRS, PC2/28, 287v.

2. NRS, PC2/28, 287v.

Act, 13 June 1704, Edinburgh

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Edinburgh the 13th June 1704

D1704/6/51

Act

Act Infavours of Thomas Maxwell of Gelstoun

Anent the petition given in and presented to the Lords of Her Majesties Privie Councill By Thomas Maxwell of Gelstoun. Shewing That Sir George Maxwell of Orchardtoun the petitioners Nephew haveing apostatised frae the Protestant Religion, The petitioner Did upon the late act of Parliament Raise ane Summonds of Declarator before the Lords of Session, To hear and see it found and Declared that by his apostatising from the protestant Religion he had ammitted and forfault the benefite of succession to Sir Robert Maxwell of Orchardtoun his father (the petitioners brother) and that the right of his Estate Devolved upon the petitioner as the nixt Protestant heir, and that he ought to be served heir as if Sir George were naturally dead. And alse the said Sir George to hear and see himselfe Decerned to pay to the petitioner Six Thousand merks as ayears valued rent of his Estate for imploying George Maxwell of Munches a known papist to be his factor. As also the said Sir George in Five hundered merks for accepting therof, The said George Maxwell finding that he would be reatched for accepting the said factory, he out of Malice hes raised a Lauborrowes before your Lordships at his instance and at Orchardstouns instance (albeit he be out of the Kingdome) and at the instance of Severall others against him and his sone The petitioner and his son haveing offered a Bill of suspension the same is past, and ther Lordships Clerks refuses to accept of the Caution they have offered And therefore Craveing there Lordships To ordaine there Clerks either to accept of the Caution offered or to accept of the petitioners and his son each of them for others. Seeing by what is above represented the forsaid Lauborrowes is raised out of meer malice, for the petitioner is a man past seventy and not in a Condition to enquire any persone As the said petition Bears. The Lords of Her Majesties privie Councill Haveing considered the petition given into them By Thomas Maxwell of Gelstoun. And the samen being Read in there presence. The saids Lords Doe hereby Impower appoint and Ordaine there Clerks to receave the Bond of Cautionrie in the Suspension of Lauborrowes granted by William Grierson in Bargatoun and James Livingstoun of Qumtenespie as Cautioners for the petitioner and his sone dated the second day of May Jaj vic and four years And appoints and ordaines the petitioner and his said sone to give in with the forsaid Bond ane other vond to be granted ilk ane of them as Cautioners for others. And appoints the suspension to be Expead Conforme.

Edinburgh the 13th June 1704

D1704/6/51

Act

Act Infavours of Thomas Maxwell of Gelstoun

Anent the petition given in and presented to the Lords of Her Majesties Privie Councill By Thomas Maxwell of Gelstoun. Shewing That Sir George Maxwell of Orchardtoun the petitioners Nephew haveing apostatised frae the Protestant Religion, The petitioner Did upon the late act of Parliament Raise ane Summonds of Declarator before the Lords of Session, To hear and see it found and Declared that by his apostatising from the protestant Religion he had ammitted and forfault the benefite of succession to Sir Robert Maxwell of Orchardtoun his father (the petitioners brother) and that the right of his Estate Devolved upon the petitioner as the nixt Protestant heir, and that he ought to be served heir as if Sir George were naturally dead. And alse the said Sir George to hear and see himselfe Decerned to pay to the petitioner Six Thousand merks as ayears valued rent of his Estate for imploying George Maxwell of Munches a known papist to be his factor. As also the said Sir George in Five hundered merks for accepting therof, The said George Maxwell finding that he would be reatched for accepting the said factory, he out of Malice hes raised a Lauborrowes before your Lordships at his instance and at Orchardstouns instance (albeit he be out of the Kingdome) and at the instance of Severall others against him and his sone The petitioner and his son haveing offered a Bill of suspension the same is past, and ther Lordships Clerks refuses to accept of the Caution they have offered And therefore Craveing there Lordships To ordaine there Clerks either to accept of the Caution offered or to accept of the petitioners and his son each of them for others. Seeing by what is above represented the forsaid Lauborrowes is raised out of meer malice, for the petitioner is a man past seventy and not in a Condition to enquire any persone As the said petition Bears. The Lords of Her Majesties privie Councill Haveing considered the petition given into them By Thomas Maxwell of Gelstoun. And the samen being Read in there presence. The saids Lords Doe hereby Impower appoint and Ordaine there Clerks to receave the Bond of Cautionrie in the Suspension of Lauborrowes granted by William Grierson in Bargatoun and James Livingstoun of Qumtenespie as Cautioners for the petitioner and his sone dated the second day of May Jaj vic and four years And appoints and ordaines the petitioner and his said sone to give in with the forsaid Bond ane other vond to be granted ilk ane of them as Cautioners for others. And appoints the suspension to be Expead Conforme.

1. NRS, PC2/28, 287r-287v.

1. NRS, PC2/28, 287r-287v.