Tag Archives: February

Act, 1 February 1705, Edinburgh

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Edinburgh 1st February 1705

D1705/2/21

Act

Act in favours of the Countess of Southesque for ane aliment to the Earle

Anent the petition given in and presented to the Lords of her Majesties privie Councill By Mary Countess of Southesk, Shewing. That where their Lordships had been most justly pleased to continue with her the Custody of the Earle of Southesk her son, untill he be past pupillarity and attaine to the age of fourteen years compleat, wherby her jealousies and fears of his being suddenly Surpryzed and taken from her are removed, And seeing the Tutors of the said Earle by their act dated the sixth day of October Jaj vic nynty nyne years, did modifie and Ordain the Soume of Fyve thousand merks Scots yearly to be payed her for his aliment and intertainment, and that quarterly per advance, with some other Casualities mentioned in the said act, which hitherto hes been observed and payed, till about halfe a year agoe, since which tyme Mr James Martine Manadger of and Intrometter with the rents of the said Earles estate hes thought fitt to make no payments although it might have been reasonablie expected that the Earles own aliment and Intertainment should have been duly regaurded and the Soume modified for that end condignly payed, and being affraid that not only she might be made uneasie in getting payment of bygones, but also in tyme comeing, Therfore She was necessitat to make this application to their Lordships that they would be pleased to interpose their authority, And Ordaine the said Mr James Martine not only to make payment of bygones, but also to continue the Same in tyme coming as formerly appoynted by the Tutors, seeing she has no legall Compulsitor wherby to obliedge him therto, And therfor Craving to the effect aftermentioned as the said petiton bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by Mary Countess of Southesk, and the samen being read in their presence, The Saids Lords Doe heirby appoynt and Ordaine the soume of Two Thousand fyve Hundereth merks of aliment resting at and proceiding this present terme of Candlemess to be instantly payed up by the said Mr James Martine or any other Manager or Intrometter with the rents of the said Earles estate, whose names the pteitioner Shall give in Signed under her hand, and Continues the former modification of the saids Tutors conforme to the said act, during the tyme of the said Earle his aboad with the petitioner and have appoynted and Ordained and heirby Appoynts and Ordaines the said Mr James Martine or any other Intrometter with the said Estate whose names the petitioner Shall give in Signed under her hand as said is, To make payment to the petitioner of the forsaid soume of Fyve thousand merks of yearlie aliment for the said Earle, and that quarterly per advance during his abode as said is, Beginning the first quarters payment at the Terme of Whitsonday nixt to Come for the quarter immediatly following the said Terme and so furth quarterly therafter per advance Dureing the Earles aboad as said is, And Ordaines letters of horning under the Signet of Councill upon six dayes and others if need beis to be direct heiron in forme as effeirs.

Edinburgh 1st February 1705

D1705/2/21

Act

Act in favours of the Countess of Southesque for ane aliment to the Earle

Anent the petition given in and presented to the Lords of her Majesties privie Councill By Mary Countess of Southesk, Shewing. That where their Lordships had been most justly pleased to continue with her the Custody of the Earle of Southesk her son, untill he be past pupillarity and attaine to the age of fourteen years compleat, wherby her jealousies and fears of his being suddenly Surpryzed and taken from her are removed, And seeing the Tutors of the said Earle by their act dated the sixth day of October Jaj vic nynty nyne years, did modifie and Ordain the Soume of Fyve thousand merks Scots yearly to be payed her for his aliment and intertainment, and that quarterly per advance, with some other Casualities mentioned in the said act, which hitherto hes been observed and payed, till about halfe a year agoe, since which tyme Mr James Martine Manadger of and Intrometter with the rents of the said Earles estate hes thought fitt to make no payments although it might have been reasonablie expected that the Earles own aliment and Intertainment should have been duly regaurded and the Soume modified for that end condignly payed, and being affraid that not only she might be made uneasie in getting payment of bygones, but also in tyme comeing, Therfore She was necessitat to make this application to their Lordships that they would be pleased to interpose their authority, And Ordaine the said Mr James Martine not only to make payment of bygones, but also to continue the Same in tyme coming as formerly appoynted by the Tutors, seeing she has no legall Compulsitor wherby to obliedge him therto, And therfor Craving to the effect aftermentioned as the said petiton bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by Mary Countess of Southesk, and the samen being read in their presence, The Saids Lords Doe heirby appoynt and Ordaine the soume of Two Thousand fyve Hundereth merks of aliment resting at and proceiding this present terme of Candlemess to be instantly payed up by the said Mr James Martine or any other Manager or Intrometter with the rents of the said Earles estate, whose names the pteitioner Shall give in Signed under her hand, and Continues the former modification of the saids Tutors conforme to the said act, during the tyme of the said Earle his aboad with the petitioner and have appoynted and Ordained and heirby Appoynts and Ordaines the said Mr James Martine or any other Intrometter with the said Estate whose names the petitioner Shall give in Signed under her hand as said is, To make payment to the petitioner of the forsaid soume of Fyve thousand merks of yearlie aliment for the said Earle, and that quarterly per advance during his abode as said is, Beginning the first quarters payment at the Terme of Whitsonday nixt to Come for the quarter immediatly following the said Terme and so furth quarterly therafter per advance Dureing the Earles aboad as said is, And Ordaines letters of horning under the Signet of Councill upon six dayes and others if need beis to be direct heiron in forme as effeirs.

1. NRS, PC2/28, 363r-363v.

1. NRS, PC2/28, 363r-363v.

Sederunt, 1 February 1705, Edinburgh

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Edinburgh 1st February 17051 2

D1705/2/13

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Crafurd; Earl of Southerland; Earl of Buchan; Earl of Haddingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Anstruther; Livetenent General Ramsay; Mr Fra: Montgomery; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

Edinburgh 1st February 17051 2

D1705/2/13

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Crafurd; Earl of Southerland; Earl of Buchan; Earl of Haddingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Anstruther; Livetenent General Ramsay; Mr Fra: Montgomery; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 362v.

2. This heading is given twice, but nothing is written under the first appearance.

3. NRS, PC2/28, 363r.

1. NRS, PC2/28, 362v.

2. This heading is given twice, but nothing is written under the first appearance.

3. NRS, PC2/28, 363r.

Procedure, 29 February 1704, Edinburgh

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Edinburgh 29th February 17041

D1704/2/142

Procedure

[Note of business]

The Councill mett and did no privat bussienes

Edinburgh 29th February 17041

D1704/2/142

Procedure

[Note of business]

The Councill mett and did no privat bussienes

1. NRS, PC2/28, 281v. No sederunt recorded.

2. NRS, PC2/28, 281v.

1. NRS, PC2/28, 281v. No sederunt recorded.

2. NRS, PC2/28, 281v.

Procedure, 24 February 1704, Edinburgh

Posted on by

Edinburgh 24th February 17041

D1704/2/132

Procedure

[Note of business]

The Councill mett and did no privat bussienes

Edinburgh 24th February 17041

D1704/2/132

Procedure

[Note of business]

The Councill mett and did no privat bussienes

1. NRS, PC2/28, 281v. No sederunt recorded.

2. NRS, PC2/28, 281v.

1. NRS, PC2/28, 281v. No sederunt recorded.

2. NRS, PC2/28, 281v.

Procedure, 18 February 1704, Edinburgh

Posted on by

Edinburgh the 18th February 17041

D1704/2/122

Procedure

[Note of business]

The Councill mett and did no privat bussienes

Edinburgh the 18th February 17041

D1704/2/122

Procedure

[Note of business]

The Councill mett and did no privat bussienes

1. NRS, PC2/28, 281v. No sederunt recorded.

2. NRS, PC2/28, 281v.

1. NRS, PC2/28, 281v. No sederunt recorded.

2. NRS, PC2/28, 281v.

Act, 15 February 1704, Edinburgh

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Edinburgh 15 February 1704

D1704/2/111

Act

Act Infavours of Livetennent Collonell John Erskine

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By Livetennant Collonell John Erskine Humbly Shewing That wheras by a warrand from the saids Lords in the petitioners favours as purchaser of the Estate of Kincaridine he was Impouered upon his recept to take up the wryts and evidents of the said Estate Now lyeing in their Lordships Clerks hands And the petitioner finding that ane Inventar of the saids wryts was taken up from their Lordships Clerks By Sir Robert Mylne in anno 1687 as his receipt in their Lordships Clerks hands Bears Did apply to their Lordships some dayes agoe for ordering Sir Robert To reproduce the said Inventary and their Lordships appoynted Sir Robert to be requyred by a Macer for that effect Which being now done and he altogither disobeying and the petitioner haveing present use for the forsaid Inventary in a process Befoir the Lords of sessione againest the said Sir Robert Mylne and Sir George Hamiltoun for clearing the Earle of Kincardine the petitioners authors right to the Lands of Tilleallan and the petitioner haveing also good ground to apprehend that the said Inventar containes writs that clears the Earles right to the Lands of Tilliallan and which were taken out of the Charter Chist befoir the Earles death and the sequestratione or his Chartor Chist in their Lordships Clerks hands and that Sir Robert Hes taken up the forsaid Inventar of purpose to keep the Earles Right of Tilliallan in the dark from his Creditors which is confirmed By Sir Roberts takeing up since in anno 1696 manny of the writs of Tilliallan from a servant of Sir John Cunynghame the Earles advocat upon a Generall Recept without particular Inventar as is knowen to many of their Lordships number And Therfore humbly creaving their Lordships to grant warrand to their Macers To seize and apprehend the said Sir Robert Miln Notwithstanding of his sheltring himself in the abby and to imprison him ay and whyll he Reproduce to the petitioner the forsaid Inventar taken up upon his receipt as said is as the said petitione Bear’s In answer wherunto The Collonell represents That he haveing purchased the Estate of Kincardine was allowed by their Lordships to git up upon his Receipt the writs of that Estate lying in the hands of their Lordships Clerks and he perceaving Sir Robert Mylne hade got up in the year 1687 The Inventar of the writs of that Estate upon his recipt He did apply That Sir Robert might be ordered to reproduce the same and by their Lordships appoyntment he was accordingly requyred and disobeyed And therfore creaving that in respect of the present use which the Collonell had for that Inventar in order to instructing the Earles intrest in the Estate of Tulliallan ay and whyll he should reproduce the same To this It is answered That Sir Robert Milne Being requyred to give in answers to the Representation made againest him in relation to that Inventar which he borrowed up upon his Receipt He did accordingly give in his answers By way of petitione soe that the Collonell most injuriously alledgeth that he disobeyed their Lordships order and of which answers he now resumes the grounds viz Primo That his Recipt does not bear that the Inventar which he got up therupon was a subscrived Inventar or that he got any of the wryts therwith Secundo The occasion of his borrowing therof was in regaird of his being a Considerable creditor upon the Estate of Kincairden And that James Hay and Rober2 Colvell who then acted for him were therby desirous to be Informed in relation to the progress of the Earles wryts to the effect they might therby the better understand what was the proper dilligence to be used for his security and haveing shewed the same to them he intrusted on or other of them with the returning therof and getting his Receipt which noe doubt they did return tho the Reteiring of the Recipt be neglected and Sir Robert is content to depone that he neither hath it nor at any tyme fraudfully put it away Tertio/ This Complent appears to be altogither malicious againest Sir Robert seeing the Inventar tho it should never be found may be made up by a little pains and Expenss Which Sir Robert is content to undergoe and defray and loco facti imprestabilis suciedit damnum and interesse and all the Collonells other pretended damnages are but Imaginary beyond Expenss of makeing ane other Inventar, for where as he pretends That the Earle had ane Intrest upon the Estate of Tulliallan which would be therby Instructed, that is of noe moment seeing he hath noe ground to alledge nor is it conceavable That Sir Robert got any other wryts furth of the said Charter Chist without receipt soe that if the Earle had therin any rights to the Estate of Tulliallan off which Sir Robert is content to depone he knowes nothing they are certainly yet there or got up by some other persones for whom Sir Robert is no manner of way answerable And Therfore That their Lordships may take his caice into Consideratione and not to allow him to be further prosecute for not reproduceing of the forsaid Inventar at least for such a Compitent tyme as may be thought reasonable for him to inquyre after the same from the Representatives of the said James Hay and Robert Collvill yea and in caice the same cannot be found to exonour him of his Receipt upon causeing make a new Inventar book on his Expensses Which petition being upon the Eight day of february instant Read in presence of the saids Lords They did therby appoynt and ordaine the same to be seen and answered nixt Councill day By Sir Robert Wylie Which petition Being upon the day and date of thir presents againe Called The Lords of Her Majesties privy Councill Haveing considered the above3 petition given into them By Livetennent Collonell, John Erskine with answers therto By Sir Robert Milne and the samen being read in their presence The saids Lords Doe heirby grant warrant to Macers to seize and apprehend the said Sir Robert Milne notwithstanding of his Sheltring himself in the abbay and to Imprison him ay and whyle he Reproduce the Inventar of the Charter Chist of Kincairden taken up upon his receipt in anno Jaj vic Eighty seven years and superceeds Extract to the Tuenty nynth of February Instant

Edinburgh 15 February 1704

D1704/2/111

Act

Act Infavours of Livetennent Collonell John Erskine

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By Livetennant Collonell John Erskine Humbly Shewing That wheras by a warrand from the saids Lords in the petitioners favours as purchaser of the Estate of Kincaridine he was Impouered upon his recept to take up the wryts and evidents of the said Estate Now lyeing in their Lordships Clerks hands And the petitioner finding that ane Inventar of the saids wryts was taken up from their Lordships Clerks By Sir Robert Mylne in anno 1687 as his receipt in their Lordships Clerks hands Bears Did apply to their Lordships some dayes agoe for ordering Sir Robert To reproduce the said Inventary and their Lordships appoynted Sir Robert to be requyred by a Macer for that effect Which being now done and he altogither disobeying and the petitioner haveing present use for the forsaid Inventary in a process Befoir the Lords of sessione againest the said Sir Robert Mylne and Sir George Hamiltoun for clearing the Earle of Kincardine the petitioners authors right to the Lands of Tilleallan and the petitioner haveing also good ground to apprehend that the said Inventar containes writs that clears the Earles right to the Lands of Tilliallan and which were taken out of the Charter Chist befoir the Earles death and the sequestratione or his Chartor Chist in their Lordships Clerks hands and that Sir Robert Hes taken up the forsaid Inventar of purpose to keep the Earles Right of Tilliallan in the dark from his Creditors which is confirmed By Sir Roberts takeing up since in anno 1696 manny of the writs of Tilliallan from a servant of Sir John Cunynghame the Earles advocat upon a Generall Recept without particular Inventar as is knowen to many of their Lordships number And Therfore humbly creaving their Lordships to grant warrand to their Macers To seize and apprehend the said Sir Robert Miln Notwithstanding of his sheltring himself in the abby and to imprison him ay and whyll he Reproduce to the petitioner the forsaid Inventar taken up upon his receipt as said is as the said petitione Bear’s In answer wherunto The Collonell represents That he haveing purchased the Estate of Kincardine was allowed by their Lordships to git up upon his Receipt the writs of that Estate lying in the hands of their Lordships Clerks and he perceaving Sir Robert Mylne hade got up in the year 1687 The Inventar of the writs of that Estate upon his recipt He did apply That Sir Robert might be ordered to reproduce the same and by their Lordships appoyntment he was accordingly requyred and disobeyed And therfore creaving that in respect of the present use which the Collonell had for that Inventar in order to instructing the Earles intrest in the Estate of Tulliallan ay and whyll he should reproduce the same To this It is answered That Sir Robert Milne Being requyred to give in answers to the Representation made againest him in relation to that Inventar which he borrowed up upon his Receipt He did accordingly give in his answers By way of petitione soe that the Collonell most injuriously alledgeth that he disobeyed their Lordships order and of which answers he now resumes the grounds viz Primo That his Recipt does not bear that the Inventar which he got up therupon was a subscrived Inventar or that he got any of the wryts therwith Secundo The occasion of his borrowing therof was in regaird of his being a Considerable creditor upon the Estate of Kincairden And that James Hay and Rober2 Colvell who then acted for him were therby desirous to be Informed in relation to the progress of the Earles wryts to the effect they might therby the better understand what was the proper dilligence to be used for his security and haveing shewed the same to them he intrusted on or other of them with the returning therof and getting his Receipt which noe doubt they did return tho the Reteiring of the Recipt be neglected and Sir Robert is content to depone that he neither hath it nor at any tyme fraudfully put it away Tertio/ This Complent appears to be altogither malicious againest Sir Robert seeing the Inventar tho it should never be found may be made up by a little pains and Expenss Which Sir Robert is content to undergoe and defray and loco facti imprestabilis suciedit damnum and interesse and all the Collonells other pretended damnages are but Imaginary beyond Expenss of makeing ane other Inventar, for where as he pretends That the Earle had ane Intrest upon the Estate of Tulliallan which would be therby Instructed, that is of noe moment seeing he hath noe ground to alledge nor is it conceavable That Sir Robert got any other wryts furth of the said Charter Chist without receipt soe that if the Earle had therin any rights to the Estate of Tulliallan off which Sir Robert is content to depone he knowes nothing they are certainly yet there or got up by some other persones for whom Sir Robert is no manner of way answerable And Therfore That their Lordships may take his caice into Consideratione and not to allow him to be further prosecute for not reproduceing of the forsaid Inventar at least for such a Compitent tyme as may be thought reasonable for him to inquyre after the same from the Representatives of the said James Hay and Robert Collvill yea and in caice the same cannot be found to exonour him of his Receipt upon causeing make a new Inventar book on his Expensses Which petition being upon the Eight day of february instant Read in presence of the saids Lords They did therby appoynt and ordaine the same to be seen and answered nixt Councill day By Sir Robert Wylie Which petition Being upon the day and date of thir presents againe Called The Lords of Her Majesties privy Councill Haveing considered the above3 petition given into them By Livetennent Collonell, John Erskine with answers therto By Sir Robert Milne and the samen being read in their presence The saids Lords Doe heirby grant warrant to Macers to seize and apprehend the said Sir Robert Milne notwithstanding of his Sheltring himself in the abbay and to Imprison him ay and whyle he Reproduce the Inventar of the Charter Chist of Kincairden taken up upon his receipt in anno Jaj vic Eighty seven years and superceeds Extract to the Tuenty nynth of February Instant

1. NRS, PC2/28, 280r-281v.

2. Sic.

3. The word ‘above’ is an insertion.

1. NRS, PC2/28, 280r-281v.

2. Sic.

3. The word ‘above’ is an insertion.

Procedure, 15 February 1704, Edinburgh

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Edinburgh 15 February 1704

D1704/2/101

Procedure

[Note of business]

In absence of the Lord high Chancelor and Lord president of privie Councill The Earle of Eglintoun elected preses

Edinburgh 15 February 1704

D1704/2/101

Procedure

[Note of business]

In absence of the Lord high Chancelor and Lord president of privie Councill The Earle of Eglintoun elected preses

1. NRS, PC2/28, 279v.

1. NRS, PC2/28, 279v.

Sederunt, 15 February 1704, Edinburgh

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Edinburgh 15 February 17041

D1704/2/92

Sederunt

Earl of Mar; Earl of Buchan; Earl of Eglintoun; Earl of Lauderdale; Earl of Loudoun; Earl of Findlater; Earl of Northesk; Earl of Forfar; Earl of Hyndfoord; Earl of Glasgow; Viscount Garnock; Lord Haddo; Lord Advocat; Lord Justice Clerk; Lord Phesdo; Livetenent General Ramsay; Mr Francis Montgomrie; Sir Robert Sinclair; Laird of Caverse; Laird of Prestongrange; Lord Provost of Edinburgh

Edinburgh 15 February 17041

D1704/2/92

Sederunt

Earl of Mar; Earl of Buchan; Earl of Eglintoun; Earl of Lauderdale; Earl of Loudoun; Earl of Findlater; Earl of Northesk; Earl of Forfar; Earl of Hyndfoord; Earl of Glasgow; Viscount Garnock; Lord Haddo; Lord Advocat; Lord Justice Clerk; Lord Phesdo; Livetenent General Ramsay; Mr Francis Montgomrie; Sir Robert Sinclair; Laird of Caverse; Laird of Prestongrange; Lord Provost of Edinburgh

1. NRS, PC2/28, 279v.

2. NRS, PC2/28, 279v.

1. NRS, PC2/28, 279v.

2. NRS, PC2/28, 279v.

Procedure, 14 February 1704, Edinburgh

Posted on by

Edinburgh 14 February 17041

D1704/2/82

Procedure

[Note of business]

The Councill mett and did no privat bussines

Edinburgh 14 February 17041

D1704/2/82

Procedure

[Note of business]

The Councill mett and did no privat bussines

1. NRS, PC2/28, 279v. No sederunt recorded.

2. NRS, PC2/28, 279v.

1. NRS, PC2/28, 279v. No sederunt recorded.

2. NRS, PC2/28, 279v.

Procedure, 12 February 1704, Edinburgh

Posted on by

Edinburgh 12th of February 17041

D1704/2/72

Procedure

[Note of business]

The Councill mett and did no privat bussines

Edinburgh 12th of February 17041

D1704/2/72

Procedure

[Note of business]

The Councill mett and did no privat bussines

1. NRS, PC2/28, 279v. No sederunt recorded.

2. NRS, PC2/28, 279v.

1. NRS, PC2/28, 279v. No sederunt recorded.

2. NRS, PC2/28, 279v.