Tag Archives: February

Sederunt, 13 February 1694, Edinburgh

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Edinburgh the Thretteinth February Jaj vjc nyntie four years1

D1694/2/132

Sederunt

Lord Chanclor; Earl of Southerland; Earl of Linlithgow; Earl of Anandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Master of Forbes; Lord Advocat; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fran: Montgomry; Sir Thomas Livingstone

Edinburgh the Thretteinth February Jaj vjc nyntie four years1

D1694/2/132

Sederunt

Lord Chanclor; Earl of Southerland; Earl of Linlithgow; Earl of Anandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Master of Forbes; Lord Advocat; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fran: Montgomry; Sir Thomas Livingstone

1. NRS, PC2/24, 333r.

2. NRS, PC2/24, 333r.

1. NRS, PC2/24, 333r.

2. NRS, PC2/24, 333r.

Act, 9 February 1694, Edinburgh

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Edinburgh the nynth February Jaj vjc nyntie four years

D1694/2/121

Act

Act The Laird of Grant anent the new Levies

Anent a Petitione given in to the Lords of their majesties privy Councill be Lodovick Gant of that ilk one of the saids Lords number Shewing That quher in the petitioners absence The Commissioners of the shire of Murray have most inequally and unjustly Laid on the new Levies exempting their oun lands from the fourth part of the burdein to Which they have subjected the persewers intrest as appears by ane authentick protestatione and instrument taken therupon under the hand of the Clerk of the shyre and which is founded upon the act of parliament and ane express act of Councill in the petitioners favors in ane paraleell caise in anno Jaj vjc seventy one years therwith produced notwithstanding quherof the saids Commissioners intend to cause raise the men Out of the petitioners intrest according to their Unequall and Illegall stent abovementioned and incaice of faillie to order executione theranent And Therfore Humbly Craveing the Saids Lords to Discharge all farder executione in the said matter till the saids Lords Determine therupon as the petitione bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above Laird of Grant They heirby Remitt to the Commissioners of Supply within the shyre of Murray wher the saids Lands Lyes to meet proceid and make out that shires proportione of the new Levies appointed by the late act of Parliament and determine in the points Complained upon as they shall find Just and be answerable upon their highest perrill

Edinburgh the nynth February Jaj vjc nyntie four years

D1694/2/121

Act

Act The Laird of Grant anent the new Levies

Anent a Petitione given in to the Lords of their majesties privy Councill be Lodovick Gant of that ilk one of the saids Lords number Shewing That quher in the petitioners absence The Commissioners of the shire of Murray have most inequally and unjustly Laid on the new Levies exempting their oun lands from the fourth part of the burdein to Which they have subjected the persewers intrest as appears by ane authentick protestatione and instrument taken therupon under the hand of the Clerk of the shyre and which is founded upon the act of parliament and ane express act of Councill in the petitioners favors in ane paraleell caise in anno Jaj vjc seventy one years therwith produced notwithstanding quherof the saids Commissioners intend to cause raise the men Out of the petitioners intrest according to their Unequall and Illegall stent abovementioned and incaice of faillie to order executione theranent And Therfore Humbly Craveing the Saids Lords to Discharge all farder executione in the said matter till the saids Lords Determine therupon as the petitione bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above Laird of Grant They heirby Remitt to the Commissioners of Supply within the shyre of Murray wher the saids Lands Lyes to meet proceid and make out that shires proportione of the new Levies appointed by the late act of Parliament and determine in the points Complained upon as they shall find Just and be answerable upon their highest perrill

1. NRS, PC2/24, 332v-333r.

1. NRS, PC2/24, 332v-333r.

Sederunt, 9 February 1694, Edinburgh

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Edinburgh the nynth February Jaj vjc nyntie four years1

D1694/2/112

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Advocat; Master of Forbes; Lord Fountonhall

Edinburgh the nynth February Jaj vjc nyntie four years1

D1694/2/112

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Advocat; Master of Forbes; Lord Fountonhall

1. NRS, PC2/24, 332v.

2. NRS, PC2/24, 332v.

1. NRS, PC2/24, 332v.

2. NRS, PC2/24, 332v.

Act, 8 February 1694, Edinburgh

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Edinburgh the Eight day of February Jaj vjc nyntie four years

D1694/2/101

Act

Act anent the new Levies in Forfar Shyre.

Anent a Petition given in to the Lords of ther Majesties privy Councill be the Earles of Southesk and Northesk The Lairds of Priory Boniemoon Phinhaven Melgu, and the other heritors of the shyre of Angus Shewing That quher by the seventh act of the last sessione of their majesties Current parliament The Levie of the men then Imposed upon the respective shyres, Is appointed to be conforme to the rules prescribed be the act of parliament Jaj vjc sixtie thrie which did Impose the Militia, And the Commissioners of the Supplie of the said shyre of Angus haveing mett for proportioning the said shyre, ther quota of the said Levie, They by their act of sederunt at Forfar dated the sixteinday of January last did appoint the burgh and Landward part of the forsaid shyre to put out their respective proportiones Conforme to the former rules of the militia But the major part of the forsaid meetting Consisting of the representatives of the burghs they hade no regaird in the application of the forsaid act, either to the act of parliament or to the appointment of the Commissioners, In alse much as the full number of the militia Conforme to the rolls Subscryved in october Jaj vjc Eightie Eight amounts to one thousand foot of which number the burghs of Dundie, Montross, Brichen, Arbroth and Forfar doe bear ane proportion of Two Hundred and Seventie seven and the rest of the shire seven Hundred and twentie thrie; So that it is evident that the proportion of the Levie for the wholl shyre the burghs includit, and which is likewayes clear by the acts of parliament does amount to ane Hundred and fourtie nyne in all and of quhich Conforme to the forsaid subscribved list the burghes ought to send out fourtie one men and the shyre ane Hundred and Eight, And yet according to the Cast and proportion made be the Commissioners the forsaids tounes are only appointed to send out thretie five, and the shire is ordained to send out ane hundreth and fourtein, so that the burghs are cased of six men and the remanent part of the shire is burdeined therwith most unjustly all which appears to have been the mistake of the Clerk and those who were appointed to make the Cast. As also the forsaid Commissioners proceeded most unwarrantably in Imposeing of fourtie pund to be payed with each man, And lastly they acted unequally in ordering severall of these who hade smallest valuationes to be leaders and did ease themselves of the burdein And Seing this preprative may be of dangerous Consequence to the Shyre In Respect that if this error be not rectified the militia and subsequent Levies may be proportioned Conforme to the forsaid order And alse seing the saids Lords are yet to Emitt a proclamatione giveing instructiones to the respective shyres for proportioneing the Levies And Therfor Humbly Craveing the saids Lords would take the premises to their Consideratione and in respect that it is instantly instructed by the subscryved rolls and acts of sederunt of the Commissioners therwith produced That the petitioners have received prejudice in maner forsaid Therfore to ordaine the Commisioners of Supply to meet de novo and to appoint them to make the Cast Conforme to the said rolls subscribed in anno Jaj vjc Eightie Eight Seing otherwayes the debates betwixt the shyres and burghs may Occasione Confussione and therby hinder ther majesties service and alsoe to prohibit the forsaid Impositione of fourtie pund to be payed with each man And to ordaine the leaders to be appointed with regaird to the respective heritors their valuationes as Is the practise of the other shyres of the kingdome as the petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Earles of Southesk and Northesk The saids Lairds of Powrie Balmoonie Phinhaven Melgum and other heritors of the shyre of Angus with the acts of sederunt of the Commissioners and the subscryved rolls mentioned in and produced with the said petitione They heirby Remitt and appoints the Commissioners of supplie within the said Shyre of Angus To meet proceed and make out that shyres proportion of the new Levies appointed by the late act of parliament as they shall find Just Conforme to the acts of parliament and proclamatione and orders of Councill as they will be answerable at ther highest perrill.

Edinburgh the Eight day of February Jaj vjc nyntie four years

D1694/2/101

Act

Act anent the new Levies in Forfar Shyre.

Anent a Petition given in to the Lords of ther Majesties privy Councill be the Earles of Southesk and Northesk The Lairds of Priory Boniemoon Phinhaven Melgu, and the other heritors of the shyre of Angus Shewing That quher by the seventh act of the last sessione of their majesties Current parliament The Levie of the men then Imposed upon the respective shyres, Is appointed to be conforme to the rules prescribed be the act of parliament Jaj vjc sixtie thrie which did Impose the Militia, And the Commissioners of the Supplie of the said shyre of Angus haveing mett for proportioning the said shyre, ther quota of the said Levie, They by their act of sederunt at Forfar dated the sixteinday of January last did appoint the burgh and Landward part of the forsaid shyre to put out their respective proportiones Conforme to the former rules of the militia But the major part of the forsaid meetting Consisting of the representatives of the burghs they hade no regaird in the application of the forsaid act, either to the act of parliament or to the appointment of the Commissioners, In alse much as the full number of the militia Conforme to the rolls Subscryved in october Jaj vjc Eightie Eight amounts to one thousand foot of which number the burghs of Dundie, Montross, Brichen, Arbroth and Forfar doe bear ane proportion of Two Hundred and Seventie seven and the rest of the shire seven Hundred and twentie thrie; So that it is evident that the proportion of the Levie for the wholl shyre the burghs includit, and which is likewayes clear by the acts of parliament does amount to ane Hundred and fourtie nyne in all and of quhich Conforme to the forsaid subscribved list the burghes ought to send out fourtie one men and the shyre ane Hundred and Eight, And yet according to the Cast and proportion made be the Commissioners the forsaids tounes are only appointed to send out thretie five, and the shire is ordained to send out ane hundreth and fourtein, so that the burghs are cased of six men and the remanent part of the shire is burdeined therwith most unjustly all which appears to have been the mistake of the Clerk and those who were appointed to make the Cast. As also the forsaid Commissioners proceeded most unwarrantably in Imposeing of fourtie pund to be payed with each man, And lastly they acted unequally in ordering severall of these who hade smallest valuationes to be leaders and did ease themselves of the burdein And Seing this preprative may be of dangerous Consequence to the Shyre In Respect that if this error be not rectified the militia and subsequent Levies may be proportioned Conforme to the forsaid order And alse seing the saids Lords are yet to Emitt a proclamatione giveing instructiones to the respective shyres for proportioneing the Levies And Therfor Humbly Craveing the saids Lords would take the premises to their Consideratione and in respect that it is instantly instructed by the subscryved rolls and acts of sederunt of the Commissioners therwith produced That the petitioners have received prejudice in maner forsaid Therfore to ordaine the Commisioners of Supply to meet de novo and to appoint them to make the Cast Conforme to the said rolls subscribed in anno Jaj vjc Eightie Eight Seing otherwayes the debates betwixt the shyres and burghs may Occasione Confussione and therby hinder ther majesties service and alsoe to prohibit the forsaid Impositione of fourtie pund to be payed with each man And to ordaine the leaders to be appointed with regaird to the respective heritors their valuationes as Is the practise of the other shyres of the kingdome as the petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Earles of Southesk and Northesk The saids Lairds of Powrie Balmoonie Phinhaven Melgum and other heritors of the shyre of Angus with the acts of sederunt of the Commissioners and the subscryved rolls mentioned in and produced with the said petitione They heirby Remitt and appoints the Commissioners of supplie within the said Shyre of Angus To meet proceed and make out that shyres proportion of the new Levies appointed by the late act of parliament as they shall find Just Conforme to the acts of parliament and proclamatione and orders of Councill as they will be answerable at ther highest perrill.

1. NRS, PC2/24, 331v-332v.

1. NRS, PC2/24, 331v-332v.

Warrant, 8 February 1694, Edinburgh

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Edinburgh the Eight day of February Jaj vjc nyntie four years

D1694/2/91

Warrant

Warrand for Continueing James Howat prisoner

The Which day the Lords of their majesties privy Councill, understanding that the act pronunced by them upon the first of February instant in favors of James Howat prisoner in the Tolbooth of Edinburgh Is not as yet signed by the Lord high Chancelor They heirby Recommend to his Lordship not to signe act, And appoints the said James to Continue prisoner as formerly till furder order of Councill.

Edinburgh the Eight day of February Jaj vjc nyntie four years

D1694/2/91

Warrant

Warrand for Continueing James Howat prisoner

The Which day the Lords of their majesties privy Councill, understanding that the act pronunced by them upon the first of February instant in favors of James Howat prisoner in the Tolbooth of Edinburgh Is not as yet signed by the Lord high Chancelor They heirby Recommend to his Lordship not to signe act, And appoints the said James to Continue prisoner as formerly till furder order of Councill.

1. NRS, PC2/24, 331r.

1. NRS, PC2/24, 331r.

Act, 8 February 1694, Edinburgh

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Edinburgh the Eight day of February Jaj vjc nyntie four years

D1694/2/81

Act

Act Earl of Southesk anent the Countes of Errolls papers.

The Lords of their Majesties privy Councill Haveing heard a petitione given in to them be the Earle of Southesk Making Mentione that he is appearand air and nearest of Kin to the deceast Countes of Erroll his fathers sister wherby he has intrest in her estate heritaball or moveable as he shall make his electione, That she haveing dyed out of the Countrey left some wrytes in England intrusted in the hands of Sir Robert Hamilton who by his missive of the Eightein of January last produced with the said petitione acknowledges the recept of the said papers Declareing that he does not intend to part with or open them without direction from some legally authorized to requyre them And that in respect of the trust reposed in him he Could not prudently or Safely Discharge it otherwayes And Therfore Craveing that the saids Lords would writt the Secretaries of State or either of them to Call for the said Robert and Requyre the wrytes in his Custody to be delivered up and sealled That they may be transmitted to the hands of the Clerks of privy Councill To be furth comeing at the Lords sight to the parties haveing intrest Togither with the forsaid principall letter produced as said is, Have thought fitt to authorize and heirby authorizes the said Sir Robert Hamilton to deliver up the forsaid papers left in his Custody as said is To the secretary of state who shall present this act and Ordinance to him, To be by the said secretary sealled up and sent to the Clerk of privy Councill as said is, Declaring Likeas they heirby Declare that the extract of this act of privy Councill indorsed one the back by […] Testifieing by his subscriptione the same to be satisfied shall be to the said Robert a suficient exoneratione of his said trust at all hands.

Edinburgh the Eight day of February Jaj vjc nyntie four years

D1694/2/81

Act

Act Earl of Southesk anent the Countes of Errolls papers.

The Lords of their Majesties privy Councill Haveing heard a petitione given in to them be the Earle of Southesk Making Mentione that he is appearand air and nearest of Kin to the deceast Countes of Erroll his fathers sister wherby he has intrest in her estate heritaball or moveable as he shall make his electione, That she haveing dyed out of the Countrey left some wrytes in England intrusted in the hands of Sir Robert Hamilton who by his missive of the Eightein of January last produced with the said petitione acknowledges the recept of the said papers Declareing that he does not intend to part with or open them without direction from some legally authorized to requyre them And that in respect of the trust reposed in him he Could not prudently or Safely Discharge it otherwayes And Therfore Craveing that the saids Lords would writt the Secretaries of State or either of them to Call for the said Robert and Requyre the wrytes in his Custody to be delivered up and sealled That they may be transmitted to the hands of the Clerks of privy Councill To be furth comeing at the Lords sight to the parties haveing intrest Togither with the forsaid principall letter produced as said is, Have thought fitt to authorize and heirby authorizes the said Sir Robert Hamilton to deliver up the forsaid papers left in his Custody as said is To the secretary of state who shall present this act and Ordinance to him, To be by the said secretary sealled up and sent to the Clerk of privy Councill as said is, Declaring Likeas they heirby Declare that the extract of this act of privy Councill indorsed one the back by […] Testifieing by his subscriptione the same to be satisfied shall be to the said Robert a suficient exoneratione of his said trust at all hands.

1. NRS, PC2/24, 330v-331r.

1. NRS, PC2/24, 330v-331r.

Sederunt, 8 February 1694, Edinburgh

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Edinburgh the Eight day of February Jaj vjc nyntie four years1

D1694/2/72

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Master of Forbes; Lord Advocat; Lord Hatton; Lord Fountonhall; Lord Enstruther; Sir Thomas Livingstone

Edinburgh the Eight day of February Jaj vjc nyntie four years1

D1694/2/72

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Master of Forbes; Lord Advocat; Lord Hatton; Lord Fountonhall; Lord Enstruther; Sir Thomas Livingstone

1. NRS, PC2/24, 330v.

2. NRS, PC2/24, 330v.

1. NRS, PC2/24, 330v.

2. NRS, PC2/24, 330v.

Act, 6 February 1694, Edinburgh

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Att Edinburgh the Sixth day of February Jaj vjc nyntie four years

D1694/2/61

Act

Act Mr Samuell Mowat

Anent a Petition given in to the Lords of their Majesties privy Councill be Mr Samuell Mowat minister at Crafurd-John Shewing that quher the petitioner haveing given all obedience to law, and he and his numberouse familly hath these many years bygone been reduced to great straits haveing hade no thing to mantaine himself and them upon, but what the saids Lords of their bountie and favor have formerly been pleased to grant to him and them. And now before releiff of his and their present straits have in obedience to ane act made be the saids Lords procured not only the Declaratione and Consent of the somtime patrones and sol heritors of the united parishes of Tinwald and Traillflatt of his good deportment necessity and their good will, But also that these united paroshes have been and as are yet vaccand since the terme of mertimiss Jaj vjc nyntie two years as the samen therwith produced bears and therby the stipend therof for the cropt and year of god Jaj vjc nyntie thrie years instant at the saids Lords Disposall And Therfore Humbly supplicating the saids Lords to the effect aftermentioned The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Mr Samuell Mowat with the testificat mentioned in and produced with the said petitione and ane instrument taken against the Collector of the vaccant stipends who was appointed to see and answer this petition They heirby allow the said petitioner the stipend of the united parishes of Tindwall and Traillflatt for the haill cropt and year of god Jaj vjc nyntie thrie years And Ordaines him to be readily answered obeyed and payed therof be the heritors fewers and Wodsetters and others Lyable in payment of the same And Ordaines letters of horning under the signet of Councill to be direct against them for that effect he produceing a Decreet of Locality And in case ther be no Decreet of Locallity Ordaines these Lyable to make payment to the petitioner of their respective proportiones of the said years stipend according as the same shall be decerned by the Judge ordinary In Respect he has produced ane Certificat that he has allready taken the oath of alledgance and assurance to their Majesties in the termes of the act of parliament and proclamatione of Councill following theron

Att Edinburgh the Sixth day of February Jaj vjc nyntie four years

D1694/2/61

Act

Act Mr Samuell Mowat

Anent a Petition given in to the Lords of their Majesties privy Councill be Mr Samuell Mowat minister at Crafurd-John Shewing that quher the petitioner haveing given all obedience to law, and he and his numberouse familly hath these many years bygone been reduced to great straits haveing hade no thing to mantaine himself and them upon, but what the saids Lords of their bountie and favor have formerly been pleased to grant to him and them. And now before releiff of his and their present straits have in obedience to ane act made be the saids Lords procured not only the Declaratione and Consent of the somtime patrones and sol heritors of the united parishes of Tinwald and Traillflatt of his good deportment necessity and their good will, But also that these united paroshes have been and as are yet vaccand since the terme of mertimiss Jaj vjc nyntie two years as the samen therwith produced bears and therby the stipend therof for the cropt and year of god Jaj vjc nyntie thrie years instant at the saids Lords Disposall And Therfore Humbly supplicating the saids Lords to the effect aftermentioned The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Mr Samuell Mowat with the testificat mentioned in and produced with the said petitione and ane instrument taken against the Collector of the vaccant stipends who was appointed to see and answer this petition They heirby allow the said petitioner the stipend of the united parishes of Tindwall and Traillflatt for the haill cropt and year of god Jaj vjc nyntie thrie years And Ordaines him to be readily answered obeyed and payed therof be the heritors fewers and Wodsetters and others Lyable in payment of the same And Ordaines letters of horning under the signet of Councill to be direct against them for that effect he produceing a Decreet of Locality And in case ther be no Decreet of Locallity Ordaines these Lyable to make payment to the petitioner of their respective proportiones of the said years stipend according as the same shall be decerned by the Judge ordinary In Respect he has produced ane Certificat that he has allready taken the oath of alledgance and assurance to their Majesties in the termes of the act of parliament and proclamatione of Councill following theron

1. NRS, PC2/24, 330r-330v.

1. NRS, PC2/24, 330r-330v.

Sederunt, 6 February 1694, Edinburgh

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Att Edinburgh the Sixth day of February Jaj vjc nyntie four years1

D1694/2/52

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwart; Master of Forbes; Lord Advocat; Lord Fountonhall; Lord Enstruther; Sir Thomas Livingstone

Att Edinburgh the Sixth day of February Jaj vjc nyntie four years1

D1694/2/52

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwart; Master of Forbes; Lord Advocat; Lord Fountonhall; Lord Enstruther; Sir Thomas Livingstone

1. NRS, PC2/24, 330r.

2. NRS, PC2/24, 330r.

1. NRS, PC2/24, 330r.

2. NRS, PC2/24, 330r.

Act, 1 February 1694, Edinburgh

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Edinburgh the First day of February Jaj vjc nyntie four years

D1694/2/41

Act

Act William Weight in Mid-Line

Anent a Petition given in to the Lords of their Majesties privy Councill be William Wight in Midlin Shewing That quher albeit the petitioner obtained Decreet before the shirreff of Roxburgh against James Sheill in Newlands for exhibiting and delivering to the petitioner the particular wrytes and rights with his father and mothers testament particularly mentioned in the said Decreet Which writtes the said James Sheill took into his Custody upon pretence of being nearest of kine to the petitioner severall years agoe when his father dyed and now after the petitioners majority refuses to deliver back the same, And therby keeps the petitioner from being infeft as air to his father upon the several rights of Wodsett, Which belonged to his father And the said James Sheill being a Single man without a familly has so farr contemned the sheriffs Decreet and charge theron that he is presently purposeing and openly boasts that he will depart the kingdome and goe to Ireland wherby he will utterly ruine the petitioner by Imazling and Destroying his rights and Carry the same out of the kingdome unless the saids Lords provyded remedy And Therfore Humbly suplicating the saids Lords to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above William Weight with the Decreet of exhibitione mentioned therin and produced therwith They heirby Grant warrand to the shirreff principal of the Shirefdome of Roxburgh or his deputs to Cause search for seaze upon and apprehend the above James Sheill and Comitt him prisoner untill he exhibit and deliver to the petitioner the wrytes Contained in the said Decreet and haill other wrytes in his Custody belonging to the petitioners predecesors and that upon oath before the said shirreff or his deputs or till he give bond and find suficient Cautione that he shall either exhibit and deliver the same or that he shall not depart out of this Kingdome untill he have obtempored the said Decreet of exhibition in all points.

Edinburgh the First day of February Jaj vjc nyntie four years

D1694/2/41

Act

Act William Weight in Mid-Line

Anent a Petition given in to the Lords of their Majesties privy Councill be William Wight in Midlin Shewing That quher albeit the petitioner obtained Decreet before the shirreff of Roxburgh against James Sheill in Newlands for exhibiting and delivering to the petitioner the particular wrytes and rights with his father and mothers testament particularly mentioned in the said Decreet Which writtes the said James Sheill took into his Custody upon pretence of being nearest of kine to the petitioner severall years agoe when his father dyed and now after the petitioners majority refuses to deliver back the same, And therby keeps the petitioner from being infeft as air to his father upon the several rights of Wodsett, Which belonged to his father And the said James Sheill being a Single man without a familly has so farr contemned the sheriffs Decreet and charge theron that he is presently purposeing and openly boasts that he will depart the kingdome and goe to Ireland wherby he will utterly ruine the petitioner by Imazling and Destroying his rights and Carry the same out of the kingdome unless the saids Lords provyded remedy And Therfore Humbly suplicating the saids Lords to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above William Weight with the Decreet of exhibitione mentioned therin and produced therwith They heirby Grant warrand to the shirreff principal of the Shirefdome of Roxburgh or his deputs to Cause search for seaze upon and apprehend the above James Sheill and Comitt him prisoner untill he exhibit and deliver to the petitioner the wrytes Contained in the said Decreet and haill other wrytes in his Custody belonging to the petitioners predecesors and that upon oath before the said shirreff or his deputs or till he give bond and find suficient Cautione that he shall either exhibit and deliver the same or that he shall not depart out of this Kingdome untill he have obtempored the said Decreet of exhibition in all points.

1. NRS, PC2/24, 329v.

1. NRS, PC2/24, 329v.