Act, 27 February 1701, Edinburgh

Att Edinburgh The tuenty seventh day of February Jai vijc and ane

D1701/2/311

Act

Act In favours of Mr William Gordon and Sir William Hopes Witnesses

Anent the petition given in and presented to the Lords of His Majesties privie Councill By Alexander Philp horse man Alexander King, James Lothian David Wacker, Thomas Corstorphine James Anderson David Balfour Thomas Keie, John Broun George Miller, William Anderson George Balfour James Broun Thomas Colvill all horse men and Margaret Kay a Horsewoman, Alexander Henderson, James Forgan, Robert Buttercase, John Oswald John Duncan, David Balfor younger, George Russell, Thomas Broun James Anderson Thomas Oliphant, George Steven, Thomas Scott, James Brown, Robert Millar, and James and John Kaes all Footmen Humbly Sheuing That where The petitioners being about thretty in number have now attended these seventein dayes bygone heir att Edinburgh being cited as witneses att Mr William Gordons instance before the saids Lords To the petitioners great loss by reason of their absence from home in tyme of Laubouring and seed tyme whereby their affairs are neglected and they have bein at such expenses in stayeing hear as they had nothing aither to subsist on or to cary them home to their oune houses so that many of them may starve if remeid were not provyded by their Lordships Its Therfore humbly Intreated The saids Lords would consider and Commisserat their caises and Modifie large expenses to be payed by the persewars of the proces before their Lordships for the petitioners Charges of comeing hither, attending so long, and caryeing them back to their houses and Lykwayes for the great loss they have sustained by the Neglect of their Countrie affairs As the said petitione bears The Lords of Her2 Majesties privie Councill haveing considered the above petition given in to them by the above witnesses in the Mutuall proces before their Lordships att the Instance of Mr William Gordon against Sir William Hope et e contra They heirby Decerne and ordain Each partie to content and pay to each witnes Cited and appeared for hon in ther above proces The soumes following viz To each horseman of the saids witnesses sixtein shilling scots per diem and to each Footman of the saids witneses Eight Shilling scots per diem and that from the sixteinth day of February instant to the first day of March nixt to come Inclusive and where any of the saids witneses are cited and examined and examined3 at the instances of both pairties The saids Lords ordains each partie to pay the half of the saids witneses expenses whether Horesemen or Footmen as said is and ordains Letters of Horning on Fyftien dayes and others necessary to be direct heiron in Forme as effeirs

Att Edinburgh The tuenty seventh day of February Jai vijc and ane

D1701/2/311

Act

Act In favours of Mr William Gordon and Sir William Hopes Witnesses

Anent the petition given in and presented to the Lords of His Majesties privie Councill By Alexander Philp horse man Alexander King, James Lothian David Wacker, Thomas Corstorphine James Anderson David Balfour Thomas Keie, John Broun George Miller, William Anderson George Balfour James Broun Thomas Colvill all horse men and Margaret Kay a Horsewoman, Alexander Henderson, James Forgan, Robert Buttercase, John Oswald John Duncan, David Balfor younger, George Russell, Thomas Broun James Anderson Thomas Oliphant, George Steven, Thomas Scott, James Brown, Robert Millar, and James and John Kaes all Footmen Humbly Sheuing That where The petitioners being about thretty in number have now attended these seventein dayes bygone heir att Edinburgh being cited as witneses att Mr William Gordons instance before the saids Lords To the petitioners great loss by reason of their absence from home in tyme of Laubouring and seed tyme whereby their affairs are neglected and they have bein at such expenses in stayeing hear as they had nothing aither to subsist on or to cary them home to their oune houses so that many of them may starve if remeid were not provyded by their Lordships Its Therfore humbly Intreated The saids Lords would consider and Commisserat their caises and Modifie large expenses to be payed by the persewars of the proces before their Lordships for the petitioners Charges of comeing hither, attending so long, and caryeing them back to their houses and Lykwayes for the great loss they have sustained by the Neglect of their Countrie affairs As the said petitione bears The Lords of Her2 Majesties privie Councill haveing considered the above petition given in to them by the above witnesses in the Mutuall proces before their Lordships att the Instance of Mr William Gordon against Sir William Hope et e contra They heirby Decerne and ordain Each partie to content and pay to each witnes Cited and appeared for hon in ther above proces The soumes following viz To each horseman of the saids witnesses sixtein shilling scots per diem and to each Footman of the saids witneses Eight Shilling scots per diem and that from the sixteinth day of February instant to the first day of March nixt to come Inclusive and where any of the saids witneses are cited and examined and examined3 at the instances of both pairties The saids Lords ordains each partie to pay the half of the saids witneses expenses whether Horesemen or Footmen as said is and ordains Letters of Horning on Fyftien dayes and others necessary to be direct heiron in Forme as effeirs

1. NRS, PC2/28, 39v-40r.

2. Sic.

3. Sic.

1. NRS, PC2/28, 39v-40r.

2. Sic.

3. Sic.

Act, 27 February 1701, Edinburgh

Att Edinburgh The tuenty seventh day of February Jai vijc and ane

D1701/2/301

Act

Prorogation of Mr William Gordons protectione

Anent the petition given in and presented to the Lords of His Majesties privie Councill By Mr William Gordon of Balcomie Advocat Humbly Shewing That where wpon the Reconvention depending before the saids Lords against the petitioner Their Lordships were pleased to allow him their personall protection untill Thursday the tuenty seventh of February instant Inclusive and in respect that Sir William Hope persewar of the said Reconvention hes not yet closed nor renounced furder probation By which it is absolutely necessary The petitioner should attend the dyets and Report of the Committie and that unles he be furder protected in his person by dischargeing Messingers or others from executeing Captions or acts of warding against him he could not attend wherby he would be heavilie prejudged and Therfore Craveing to the effect aftermentioned as the said petition Bears The Lords of Her Majesties privie Councill haveing considered the above petition given in to them by the said Mr William Gordon They heirby prorogat the petitioners protection untill the thretty day of March nixt Inclusive and Discharges all macers messengers at armes and other officers within Burgh or Landward to put any letters of Caption acts of warding or other personall dilligence to execution against the petitioner untill the said thretty day of March nixt Inclusive excepting allwayes his majesties rents and publict dues subscribitur ut in sederunt

Att Edinburgh The tuenty seventh day of February Jai vijc and ane

D1701/2/301

Act

Prorogation of Mr William Gordons protectione

Anent the petition given in and presented to the Lords of His Majesties privie Councill By Mr William Gordon of Balcomie Advocat Humbly Shewing That where wpon the Reconvention depending before the saids Lords against the petitioner Their Lordships were pleased to allow him their personall protection untill Thursday the tuenty seventh of February instant Inclusive and in respect that Sir William Hope persewar of the said Reconvention hes not yet closed nor renounced furder probation By which it is absolutely necessary The petitioner should attend the dyets and Report of the Committie and that unles he be furder protected in his person by dischargeing Messingers or others from executeing Captions or acts of warding against him he could not attend wherby he would be heavilie prejudged and Therfore Craveing to the effect aftermentioned as the said petition Bears The Lords of Her Majesties privie Councill haveing considered the above petition given in to them by the said Mr William Gordon They heirby prorogat the petitioners protection untill the thretty day of March nixt Inclusive and Discharges all macers messengers at armes and other officers within Burgh or Landward to put any letters of Caption acts of warding or other personall dilligence to execution against the petitioner untill the said thretty day of March nixt Inclusive excepting allwayes his majesties rents and publict dues subscribitur ut in sederunt

1. NRS, PC2/28, 39r.

1. NRS, PC2/28, 39r.

Sederunt, 27 February 1701, Edinburgh

Att Edinburgh The tuenty seventh day of February Jai vijc and ane1

D1701/2/292

Sederunt

Lord Chancelor; Earl of Argyll; Earl of Mar; Earl of Buchan; Earl of Lothian; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Montgomrie; Lord Jedburgh; Lord Forbes; Lord Advocat; Lord Theasaurer deput; Lord Aberuchill; Lord Phesdo; Mr Frances Mpntgomrie; Laird of Grant

Att Edinburgh The tuenty seventh day of February Jai vijc and ane1

D1701/2/292

Sederunt

Lord Chancelor; Earl of Argyll; Earl of Mar; Earl of Buchan; Earl of Lothian; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Montgomrie; Lord Jedburgh; Lord Forbes; Lord Advocat; Lord Theasaurer deput; Lord Aberuchill; Lord Phesdo; Mr Frances Mpntgomrie; Laird of Grant

1. NRS, PC2/28, 39r.

2. NRS, PC2/28, 39r.

1. NRS, PC2/28, 39r.

2. NRS, PC2/28, 39r.

Order, 25 February 1701, Edinburgh

Att Edinburgh The Tuenty Fyfth day of Febrwary 1701

D1701/2/281

Order

Act and Recomendation In favours of Captain Kenneth Urquhart

Anent the petition given in and presented to the Lords of His Majesties privie Councill by Captain Kenneth Urqwhart Humblie Shewing That wherby The petitioner haveing had the Misfortune thorrow the will and Misinformation of some officious persones to be putt in a publict information Emitted by their Lordships in July last as accessory to the Rable that Hapened wpon the Tuenty of June The petitioner was by vertue herof seized wpon the tenth of august last and after Inqwrie made by their Lordships anent the alleadgeance of his being accessory to the said Rable Nothing hes appeared that could inform the Least guilt or accession therto in the petitioner as is evidenced by My Lord advocat and His Majesties solicitors their Report To the saids Lords of the probation redd against the petitioner Wherwpon Their Lordships ordained him to be sett at libertie furth of the Tolbooth of Edinburgh wpon the tenth of december last where the petitioner hes lyen Incarcerat all this tyme and also appoynted his House dues to be payed by the publict since which tyme which is the space of tuo moneths The petitioner used all the endeavoured that were in his pouer To procure alse much mony as would pay the debt he had necessarly contracted within the Tolbooth for his mentinance which he had not bein nor was not yet able or in a condition to doe because of his Restraint so that being now for the space of two moneths detained prisoner by the Goodman of the Tolbooth for a debt so neccesarly contracted for his subsistance The saids Lords their ordinance as to his Liberation hes proven altogither ineffectwall and now his circumstances turneing dayly worse by the Goodman of the Tolbooths refuseing to give him credit for his aliment in tyme comeing He was at last necessitat to represent To their Lordships the great hardships he is under persuadeing himself that their meaning and Intention never was that he should be treated more severlie then his condition could allow Especially when no cryme (after inquirie) hes beein proven against him Besyds that since his confynment as a prisoner of state some areistments for privat debts had being Laid upon him Therfore Craveing That it might have pleased the said Lords seriously and tymeously to consider the hardship of the petitioners Circumstances in manner above represented and since the debt he had necessarly contracted within the tolbooth whyll under his confynment will amount to near tuenty pound starling as appears by the accompt of the goodman of the tolbooth given in to the petitioner and produced with the said petition and that he as said is did lye under some arresistments for privat debts That therfore their Lordships would be pleased To recomend to the Lords of His Majesties Theasurie To pay the forsaid accompt Due by the petitioner to the Goodman of the Tolbooth a considerable pairt therof being expended on phisitians and others whyll he was dangerously sick and Indisposed thorrow his Long Imprisonment and appoynt him furthwith to be sett at Libertie notwithstanding any arreistments laid on him for privat debts That he might no longer incurr the hazard and hardships he had hitherto lyen under as the said petition bears Followes Captain Kenneth Urqwarts accompt to the Drauer in the Tolbooth seller Imprimis to fourtein shilling and sixpennies per diem for half a years tyme for his mantinance viz from the tenth of August Jai vijc to the tenth of February Jai vijc and one being ane hundreth and Eighty four dayes is ane hundreth and thretty three pund, For coall and candle at fyve shilling per diem, Fowrty six pund To eleven Rex dollars borroued at three severall tymes when he was sick which was given to phisitians and Appothicaries, Thretty one pund eightein shilling For his bed and washing dureing the said tyme Tuenty one pund sex shilling Summa is Tuo hundred and thretty tuo pund tuelve shilling This is besyds dues to Masters and servants The Lords of his Majesties privie Councill haveing considered the above petition given in to them by the above Captain Uquhart They heirby Recomends To the Lords Commissioners of Her2 Majesties Theasurie To cause make payment to the Keepper of The tolbooth of Edinburgh The accounts mentioned in the said petition Extending to two hundreth and thretty tuo punds tuelve shilling scots mony And Doe heirby give order and warrant To the Magistrats of Edinburgh and keeper of their tolbooth to sett the petitioner furth therof as states prisoners are in use to be liberat and that without payment of any house dues In respect of the Recomendation forsaid.

Att Edinburgh The Tuenty Fyfth day of Febrwary 1701

D1701/2/281

Order

Act and Recomendation In favours of Captain Kenneth Urquhart

Anent the petition given in and presented to the Lords of His Majesties privie Councill by Captain Kenneth Urqwhart Humblie Shewing That wherby The petitioner haveing had the Misfortune thorrow the will and Misinformation of some officious persones to be putt in a publict information Emitted by their Lordships in July last as accessory to the Rable that Hapened wpon the Tuenty of June The petitioner was by vertue herof seized wpon the tenth of august last and after Inqwrie made by their Lordships anent the alleadgeance of his being accessory to the said Rable Nothing hes appeared that could inform the Least guilt or accession therto in the petitioner as is evidenced by My Lord advocat and His Majesties solicitors their Report To the saids Lords of the probation redd against the petitioner Wherwpon Their Lordships ordained him to be sett at libertie furth of the Tolbooth of Edinburgh wpon the tenth of december last where the petitioner hes lyen Incarcerat all this tyme and also appoynted his House dues to be payed by the publict since which tyme which is the space of tuo moneths The petitioner used all the endeavoured that were in his pouer To procure alse much mony as would pay the debt he had necessarly contracted within the Tolbooth for his mentinance which he had not bein nor was not yet able or in a condition to doe because of his Restraint so that being now for the space of two moneths detained prisoner by the Goodman of the Tolbooth for a debt so neccesarly contracted for his subsistance The saids Lords their ordinance as to his Liberation hes proven altogither ineffectwall and now his circumstances turneing dayly worse by the Goodman of the Tolbooths refuseing to give him credit for his aliment in tyme comeing He was at last necessitat to represent To their Lordships the great hardships he is under persuadeing himself that their meaning and Intention never was that he should be treated more severlie then his condition could allow Especially when no cryme (after inquirie) hes beein proven against him Besyds that since his confynment as a prisoner of state some areistments for privat debts had being Laid upon him Therfore Craveing That it might have pleased the said Lords seriously and tymeously to consider the hardship of the petitioners Circumstances in manner above represented and since the debt he had necessarly contracted within the tolbooth whyll under his confynment will amount to near tuenty pound starling as appears by the accompt of the goodman of the tolbooth given in to the petitioner and produced with the said petition and that he as said is did lye under some arresistments for privat debts That therfore their Lordships would be pleased To recomend to the Lords of His Majesties Theasurie To pay the forsaid accompt Due by the petitioner to the Goodman of the Tolbooth a considerable pairt therof being expended on phisitians and others whyll he was dangerously sick and Indisposed thorrow his Long Imprisonment and appoynt him furthwith to be sett at Libertie notwithstanding any arreistments laid on him for privat debts That he might no longer incurr the hazard and hardships he had hitherto lyen under as the said petition bears Followes Captain Kenneth Urqwarts accompt to the Drauer in the Tolbooth seller Imprimis to fourtein shilling and sixpennies per diem for half a years tyme for his mantinance viz from the tenth of August Jai vijc to the tenth of February Jai vijc and one being ane hundreth and Eighty four dayes is ane hundreth and thretty three pund, For coall and candle at fyve shilling per diem, Fowrty six pund To eleven Rex dollars borroued at three severall tymes when he was sick which was given to phisitians and Appothicaries, Thretty one pund eightein shilling For his bed and washing dureing the said tyme Tuenty one pund sex shilling Summa is Tuo hundred and thretty tuo pund tuelve shilling This is besyds dues to Masters and servants The Lords of his Majesties privie Councill haveing considered the above petition given in to them by the above Captain Uquhart They heirby Recomends To the Lords Commissioners of Her2 Majesties Theasurie To cause make payment to the Keepper of The tolbooth of Edinburgh The accounts mentioned in the said petition Extending to two hundreth and thretty tuo punds tuelve shilling scots mony And Doe heirby give order and warrant To the Magistrats of Edinburgh and keeper of their tolbooth to sett the petitioner furth therof as states prisoners are in use to be liberat and that without payment of any house dues In respect of the Recomendation forsaid.

1. NRS, PC2/28, 37v-38v.

2. Sic.

1. NRS, PC2/28, 37v-38v.

2. Sic.

Act, 25 February 1701, Edinburgh

Att Edinburgh The Tuenty Fyfth day of Febrwary 1701

D1701/2/271

Act

Act in favours of William Cross and pairtners

Anent the petition given in and presented to the Lords of His Majesties privie Councill By William Cross Merchant in Glasgow and pairtners of the Easter suggarie there Humblie Shewing That wheras it is the intrest and policie of all Nations to Encwrage Manufactories of all sorts and that the Manufactories of Suggar works are very profitable to the Nation for therby much mony is keeped within the Kingdome and many poor peoplpe keeped at work in makeing of Linning and Wooling of all sorts, Herring, Beeff, stockings, Hatts, shoes and etc which are usewally exported for pwrchassing unrefyned suggar abroad and in refyneing the same after its Importation so by ane act of parliament dated the seventeinth of september Jaj vic Eighty one the tuo suggar works in Glasgow the one belonging to Fredrick Hamilton and pairtners And the other to John Cross and pairtners Were Declaired Manufactories and alloued to enjoy severall priviledges Immunities and exemptions granted to Manufactories since which Fredrick Hamilton and partners have given over Following on of the saids sugar works and the same is now caried on by others who by a late act are alloued de novo to enjoy all the priviledges granted to any sugar work by act of parliament Councill or Excheqwer and now some of the said John Cross his partners being dead and he and his other partners haveing resigned their Intrest to William Cross the petitioner and some others who designed to follow out the same If mett with encurragment and be putt on ane eqwall footing with the other sugar works in Glsagow Therfore Humblie Craving to the effect aftermentioned as the said petition bears The Lords of His Majesties privie Councill haveing considered the above petition given into them by the above William Cross and his pairtners They Doe heirby Creat and Erect the said petitioner and his partner and his and their successors their above suggar work to be a Manufactorie and appoynts it to enjoy all the priviledges Immunities and exemptions granted to and enjoyed by any suggar works at Glasgow by acts of parliament Councill or Exchequer and Declairs the said manufactorie to continue and enjoy its priviledges alse long as any other suggar Manufactorie alrady erected at Glasgow does enjoy its priviledges

Att Edinburgh The Tuenty Fyfth day of Febrwary 1701

D1701/2/271

Act

Act in favours of William Cross and pairtners

Anent the petition given in and presented to the Lords of His Majesties privie Councill By William Cross Merchant in Glasgow and pairtners of the Easter suggarie there Humblie Shewing That wheras it is the intrest and policie of all Nations to Encwrage Manufactories of all sorts and that the Manufactories of Suggar works are very profitable to the Nation for therby much mony is keeped within the Kingdome and many poor peoplpe keeped at work in makeing of Linning and Wooling of all sorts, Herring, Beeff, stockings, Hatts, shoes and etc which are usewally exported for pwrchassing unrefyned suggar abroad and in refyneing the same after its Importation so by ane act of parliament dated the seventeinth of september Jaj vic Eighty one the tuo suggar works in Glasgow the one belonging to Fredrick Hamilton and pairtners And the other to John Cross and pairtners Were Declaired Manufactories and alloued to enjoy severall priviledges Immunities and exemptions granted to Manufactories since which Fredrick Hamilton and partners have given over Following on of the saids sugar works and the same is now caried on by others who by a late act are alloued de novo to enjoy all the priviledges granted to any sugar work by act of parliament Councill or Excheqwer and now some of the said John Cross his partners being dead and he and his other partners haveing resigned their Intrest to William Cross the petitioner and some others who designed to follow out the same If mett with encurragment and be putt on ane eqwall footing with the other sugar works in Glsagow Therfore Humblie Craving to the effect aftermentioned as the said petition bears The Lords of His Majesties privie Councill haveing considered the above petition given into them by the above William Cross and his pairtners They Doe heirby Creat and Erect the said petitioner and his partner and his and their successors their above suggar work to be a Manufactorie and appoynts it to enjoy all the priviledges Immunities and exemptions granted to and enjoyed by any suggar works at Glasgow by acts of parliament Councill or Exchequer and Declairs the said manufactorie to continue and enjoy its priviledges alse long as any other suggar Manufactorie alrady erected at Glasgow does enjoy its priviledges

1. NRS, PC2/28, 37r-v.

1. NRS, PC2/28, 37r-v.

Act, 25 February 1701, Edinburgh

Att Edinburgh The Tuenty Fyfth day of Febrwary 1701

D1701/2/261

Act

Act In favours of Malcolme Mackneill

Anent the petition given in and presented to the Lords of His Majesties privie Councill By Malcolme Mackneill in Carrickbrachie in the Baroonie of Inishoone and Countie of Dunagale in the Kingdome of Ireland Humblie Shewing That where the petitioner haveing gone over to Ireland with severall Tennents from the shyre of Argyll when that Kingdome was in pairt Waste after the Late Warrs there and his tacks there being now run out He had taken Lands from the Earle of Argyll which are for the most pairt Waste Wherby it will be necessary for the petitioner to have his oune and his Tennents Cattle Caried Back to Argyllshyre and In respect of their Lordships prohibitione It would be also necessary for the petitioner to have Warrant for transporteing of the samen which will be Tuo hundreth Coues with their Followers or therby in number Therfore Craveing to the effect aftermentioned as the said petition Bears The Lords of His Majesties privie Councill haveing considered the above petition given in to them by the above Malcolme Mackneill They heirby Grant Warrant to the petitioner to Transport from the Kingdome of Ireland to Argyleshire the said Number of Two hundreth Coues and their Follouers of therby belonging to him and his Tennents and that att sight of the sherriff of the said shyre or his deputs

Att Edinburgh The Tuenty Fyfth day of Febrwary 1701

D1701/2/261

Act

Act In favours of Malcolme Mackneill

Anent the petition given in and presented to the Lords of His Majesties privie Councill By Malcolme Mackneill in Carrickbrachie in the Baroonie of Inishoone and Countie of Dunagale in the Kingdome of Ireland Humblie Shewing That where the petitioner haveing gone over to Ireland with severall Tennents from the shyre of Argyll when that Kingdome was in pairt Waste after the Late Warrs there and his tacks there being now run out He had taken Lands from the Earle of Argyll which are for the most pairt Waste Wherby it will be necessary for the petitioner to have his oune and his Tennents Cattle Caried Back to Argyllshyre and In respect of their Lordships prohibitione It would be also necessary for the petitioner to have Warrant for transporteing of the samen which will be Tuo hundreth Coues with their Followers or therby in number Therfore Craveing to the effect aftermentioned as the said petition Bears The Lords of His Majesties privie Councill haveing considered the above petition given in to them by the above Malcolme Mackneill They heirby Grant Warrant to the petitioner to Transport from the Kingdome of Ireland to Argyleshire the said Number of Two hundreth Coues and their Follouers of therby belonging to him and his Tennents and that att sight of the sherriff of the said shyre or his deputs

1. NRS, PC2/28, 37r.

1. NRS, PC2/28, 37r.

Act, 25 February 1701, Edinburgh

Att Edinburgh The Tuenty Fyfth day of Febrwary 1701

D1701/2/251

Act

Act allowing Bridadeir Maitland to Import 1000 bolls of victwall from Ireland

The Lords of His Majesties privie Councill Doe heirby allow Brigadeir Generall James Maitland Governour of Fort William To Import from Ireland the Number of Five hundreth Bolls of Meall and Fyve hundreth bolls of Bear or Malt and that for the use of the Garison att Fort William and alloues the samen to be Imployed for that effect And the saids Lords Alloues the said Brigadier Generall Maitland to Remove the Tuenty men lyeing at Keppoch to the Garrison at Fort William to abyde and Remain there

Att Edinburgh The Tuenty Fyfth day of Febrwary 1701

D1701/2/251

Act

Act allowing Bridadeir Maitland to Import 1000 bolls of victwall from Ireland

The Lords of His Majesties privie Councill Doe heirby allow Brigadeir Generall James Maitland Governour of Fort William To Import from Ireland the Number of Five hundreth Bolls of Meall and Fyve hundreth bolls of Bear or Malt and that for the use of the Garison att Fort William and alloues the samen to be Imployed for that effect And the saids Lords Alloues the said Brigadier Generall Maitland to Remove the Tuenty men lyeing at Keppoch to the Garrison at Fort William to abyde and Remain there

1. NRS, PC2/28, 36v.

1. NRS, PC2/28, 36v.

Sederunt, 25 February 1701, Edinburgh

Att Edinburgh The Tuenty Fyfth day of Febrwary 17011

D1701/2/242

Sederunt

Lord Chancelour; Earl of Argyll; Earl of Marr; Earl of Buchan; Earl of Lothian; Earl of Forfar; Viscount Tarbat; Lord Montgomerie; Lord Forbes; Lord Advocat; Lord Thesaurer deput; Lord Halcraig; Mr Frances Montgomry; Laird of Grant

Att Edinburgh The Tuenty Fyfth day of Febrwary 17011

D1701/2/242

Sederunt

Lord Chancelour; Earl of Argyll; Earl of Marr; Earl of Buchan; Earl of Lothian; Earl of Forfar; Viscount Tarbat; Lord Montgomerie; Lord Forbes; Lord Advocat; Lord Thesaurer deput; Lord Halcraig; Mr Frances Montgomry; Laird of Grant

1. NRS, PC2/28, 36v.

2. NRS, PC2/28, 36v.

1. NRS, PC2/28, 36v.

2. NRS, PC2/28, 36v.

Act, 20 February 1701, Edinburgh

Att Edinburgh the tuentieth day of Febrwary Jai vijc and one

D1701/2/231

Act

Act The Magistrats of Elgine

Anent a petition given in to the Lords of His majesties privie Councill by The Magistrats and Toun councill of Elgine humblie Shewing That Robert Gibson of Linwood was Imprisoned by the petitioners in their Tolbooth as Furious And haveing comitted severall insults both wpon the Inhabitants And these who did occasionally resort to the said Burgh att the desyre of the Neighbouring Gentrie And for the safetie of the publict peace But now in the petitioners absence when they were necessitated to come up the saids Lords in a Councill process against them The said Robert Gibson on the tuenty sixth of october last sett Fyre to the Tolbooth of the burgh And without possibilitie of qwenching it in the Night tyme the same was utterly burned Heirby They were necessitat in the first place to apply to the saids Lords for removeing of the said Robert Gibson the indenciary to some prisone in another place And in the mean tyme to grant warrant to the petitioners to putt shackles on him when he is Furious lest he should escape and doe prejudice to any Inhabitants before the convenieing of Transporting him And in the nixt place that Their Lordships would Declair the petitioners free from receiving prisoners for privat debts til their Tolbooth could be rebult because of the extraordinarines of the case The truth of what is above advanced is notorious and could be attested by severalls wpon the place And Therfore Craving to the effect aftermentioned As the said petition bears The Lords of his Majesties privie councill haveing considered the above petition given in to them by the above Magistrats of Elgine They heirby Allow the saids petitioners to putt shakles upon the said Robert Gibson in tyme of his Furious violence to the Inhabitants As Also the saids Lords Have Declaired and heirby Declairs the petitioners to be free from receiveing prisoners into their Tolbooth untill the terme of Whisunday Jai vijc three years Betuixt and which the said Lords appoynts the petitioners to have the Tolbooth rebuilt and in readienes

Att Edinburgh the tuentieth day of Febrwary Jai vijc and one

D1701/2/231

Act

Act The Magistrats of Elgine

Anent a petition given in to the Lords of His majesties privie Councill by The Magistrats and Toun councill of Elgine humblie Shewing That Robert Gibson of Linwood was Imprisoned by the petitioners in their Tolbooth as Furious And haveing comitted severall insults both wpon the Inhabitants And these who did occasionally resort to the said Burgh att the desyre of the Neighbouring Gentrie And for the safetie of the publict peace But now in the petitioners absence when they were necessitated to come up the saids Lords in a Councill process against them The said Robert Gibson on the tuenty sixth of october last sett Fyre to the Tolbooth of the burgh And without possibilitie of qwenching it in the Night tyme the same was utterly burned Heirby They were necessitat in the first place to apply to the saids Lords for removeing of the said Robert Gibson the indenciary to some prisone in another place And in the mean tyme to grant warrant to the petitioners to putt shackles on him when he is Furious lest he should escape and doe prejudice to any Inhabitants before the convenieing of Transporting him And in the nixt place that Their Lordships would Declair the petitioners free from receiving prisoners for privat debts til their Tolbooth could be rebult because of the extraordinarines of the case The truth of what is above advanced is notorious and could be attested by severalls wpon the place And Therfore Craving to the effect aftermentioned As the said petition bears The Lords of his Majesties privie councill haveing considered the above petition given in to them by the above Magistrats of Elgine They heirby Allow the saids petitioners to putt shakles upon the said Robert Gibson in tyme of his Furious violence to the Inhabitants As Also the saids Lords Have Declaired and heirby Declairs the petitioners to be free from receiveing prisoners into their Tolbooth untill the terme of Whisunday Jai vijc three years Betuixt and which the said Lords appoynts the petitioners to have the Tolbooth rebuilt and in readienes

1. NRS, PC2/28, 36r-v.

1. NRS, PC2/28, 36r-v.

Procedure, 20 February 1701, Edinburgh

Att Edinburgh the tuentieth day of Febrwary Jai vijc and one

D1701/2/221

Procedure

Remitt to the Commissioners of Supplie of Rhenfrewshyre anent Ferguslie

Anent a petition given in to the Lords of his Majesties privie Councill by William Cochran of Ferguslie Humbly Shewing That where according to the appoyntment of the late act of parliament for the new supplie The Commissioners of the shyre of Rhenfrew mett at the Toun of Rhenfrew upon the eighteinth of this instant being the third Tuesady therof And these Commissioners being tuenty in all did choise the Earle of Glencairne to be their preses And then proceided to Choise their Collector And the votes running betwixt the petitioner and the sherrfif deput It so hapned that there were ten for the petitioner And nyn only for the Sherriff deput So that according to the instant will of Law the petitioner was Legally Choisen and ought to have been declared Notwithstanding wherof it pleased the said Earle of Glencairne preses and the votes not eqwall To pretend that he might give his vote and therby to alleadg that the matter was brought to ane just equall Besydes that he and others objected that the petitioner had unwarrantablie voted for himself wherby the meeting brakeing up The petitioner haveing obtained a declaration and the subscriptiones of the ten that voted for him And was necessitat to apply to their Lordships To whom the determination of such qwestions belonged To have his right to be Collector asserted and established And seing it was most certain that no preses in any court could pretend to a vote unless it be a casting vote in caise of eqwallity Because if otherwayes courts of ane even number could have no ishew And that it was most laufull for the petitioner to vote for himself As had been found in many causes And that for verefication of the premisses he had produced both the declaration of his voters and lykwayes ane authentick extract of the sederunt Therfore Craveing that it might have pleased their Lordships To have found the said Election Legall and orderly And to have declaired him Collector of the said shyre And to have prohibited and Discharged any new election to be made in the said shyre or any further meeting for that effect untill that the petitioner were Legally exauterat which could never bee except aither by death of Malversaion As the said petition bears The Lords of his majesties privie Councill haveing considered the above petition given in to them by the above William Conchran of Ferguslie They heirby Remitt the petitioner to a new election before the Commissioners of Supplie within the shyre of Rhenfrew And Appoynts the saids Commissioners to meet wpon the second Thursday of March nixt to come for that effect And all pairties concerned to be present and attend that day And the Commissioners to proceid and make election of a Collector of the Cess within the said shyre And Discharges the saids Commissioners to meitt untill the said day for the effect abovewriten

Att Edinburgh the tuentieth day of Febrwary Jai vijc and one

D1701/2/221

Procedure

Remitt to the Commissioners of Supplie of Rhenfrewshyre anent Ferguslie

Anent a petition given in to the Lords of his Majesties privie Councill by William Cochran of Ferguslie Humbly Shewing That where according to the appoyntment of the late act of parliament for the new supplie The Commissioners of the shyre of Rhenfrew mett at the Toun of Rhenfrew upon the eighteinth of this instant being the third Tuesady therof And these Commissioners being tuenty in all did choise the Earle of Glencairne to be their preses And then proceided to Choise their Collector And the votes running betwixt the petitioner and the sherrfif deput It so hapned that there were ten for the petitioner And nyn only for the Sherriff deput So that according to the instant will of Law the petitioner was Legally Choisen and ought to have been declared Notwithstanding wherof it pleased the said Earle of Glencairne preses and the votes not eqwall To pretend that he might give his vote and therby to alleadg that the matter was brought to ane just equall Besydes that he and others objected that the petitioner had unwarrantablie voted for himself wherby the meeting brakeing up The petitioner haveing obtained a declaration and the subscriptiones of the ten that voted for him And was necessitat to apply to their Lordships To whom the determination of such qwestions belonged To have his right to be Collector asserted and established And seing it was most certain that no preses in any court could pretend to a vote unless it be a casting vote in caise of eqwallity Because if otherwayes courts of ane even number could have no ishew And that it was most laufull for the petitioner to vote for himself As had been found in many causes And that for verefication of the premisses he had produced both the declaration of his voters and lykwayes ane authentick extract of the sederunt Therfore Craveing that it might have pleased their Lordships To have found the said Election Legall and orderly And to have declaired him Collector of the said shyre And to have prohibited and Discharged any new election to be made in the said shyre or any further meeting for that effect untill that the petitioner were Legally exauterat which could never bee except aither by death of Malversaion As the said petition bears The Lords of his majesties privie Councill haveing considered the above petition given in to them by the above William Conchran of Ferguslie They heirby Remitt the petitioner to a new election before the Commissioners of Supplie within the shyre of Rhenfrew And Appoynts the saids Commissioners to meet wpon the second Thursday of March nixt to come for that effect And all pairties concerned to be present and attend that day And the Commissioners to proceid and make election of a Collector of the Cess within the said shyre And Discharges the saids Commissioners to meitt untill the said day for the effect abovewriten

1. NRS, PC2/28, 35r-36r.

1. NRS, PC2/28, 35r-36r.