Tag Archives: February

Sederunt, 4 February 1701, Edinburgh

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Att Edinburgh the Fourth day of Feburary One Thousand seven hundred and one years1

D1701/2/12

Sederunt

His Majesties Commissioner; Earl of Melvill p: C:; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Galloway; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Kintoir; Viscount Seafeild :S: ; Viscount Tarbat; Lord Montgomery; Lord Polwarth; Lord Carmichell S; Lord Forbes; Lord Ross; Lord Ruthven; Lord Boyle; Lord President of Session; Lord Advocat; Lord Thesaurer depute; Lord Aberuchill; Lord Halcraig; Lord Phesdoe; Mr Frances Montgomery; Laird of Grant; Laird of Stivensone

Att Edinburgh the Fourth day of Feburary One Thousand seven hundred and one years1

D1701/2/12

Sederunt

His Majesties Commissioner; Earl of Melvill p: C:; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Galloway; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Kintoir; Viscount Seafeild :S: ; Viscount Tarbat; Lord Montgomery; Lord Polwarth; Lord Carmichell S; Lord Forbes; Lord Ross; Lord Ruthven; Lord Boyle; Lord President of Session; Lord Advocat; Lord Thesaurer depute; Lord Aberuchill; Lord Halcraig; Lord Phesdoe; Mr Frances Montgomery; Laird of Grant; Laird of Stivensone

1. NRS, PC2/28, 26v.

2. NRS, PC2/28, 26v.

1. NRS, PC2/28, 26v.

2. NRS, PC2/28, 26v.

Act, 29 February 1700, Edinburgh

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Att Edinburgh The Twentie Nynth day of February Jaj vic years

D1700/2/221

Act

Act James Stirling of Keir

Anent a Petition given in to the Lords of his Majesties privy Councill be James Stirling of Keir Shewing That wher ther being ane Decreet obtained at the petitioners instance before the Commissioners of Justiciary of the Midle district for the value of severall horsses and goods stollen out of the petitioners ground and formd upon the Laird of Mccleod his ground Mccleod being charged he obtained suspension therof before the Lords of his majesties privy Councill Which being fully debate before the saids Lords The Letters were found orderly proceeded, And therafter their being ane bill given in be Mccleod Reclaimeing against the decreet, Which being Considered with the answers given in therto The Lords Refused the desire of the bill and adhered to their former interloquitor and ordained the Decreet to goe out, Ther was ane New bill given in at Sir Duncan Campbell Cautioner in the suspension his instance farder alleadging that the proportion due to the respective Chargers were not sufficiently cleared, And so they could not know to whom to pay, And Garden for clearing therof produced ane assignation from the respective 2 Chargers to their intrest, Which took off that alledgance And now they pretend that the Commissioners of Justiciary could not decerne against the last Mccleod as representing his father, Because his retour was not produced, And they were not Competent Judges therintill upon which ground the decreet is Stopped, To Which It is answered That the decreet Mccleod being cited before the Commissioners of Justiciary and Decerned And being Suspended and and3 Compearing before the saids Lords And Decerned in his oun lifetime by severall Interloquitors, It were Strang now to allow any persone to Compear for his sone, (And yet deny to represent him) and to propone any defence to Stopp the petitioners decreet formerly pronounced And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the said petition bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above James Stirling of Keir They hereby Ordaine their Clerks to give out the extract of the decreet of Suspension at his instance Against Roderick Mccleod of that ilk and others Conforme to the interloquitor of Councill Decerning in the same dated the seventh day of July Jaj vic Nyntie Eight years.

Att Edinburgh The Twentie Nynth day of February Jaj vic years

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Act

Act James Stirling of Keir

Anent a Petition given in to the Lords of his Majesties privy Councill be James Stirling of Keir Shewing That wher ther being ane Decreet obtained at the petitioners instance before the Commissioners of Justiciary of the Midle district for the value of severall horsses and goods stollen out of the petitioners ground and formd upon the Laird of Mccleod his ground Mccleod being charged he obtained suspension therof before the Lords of his majesties privy Councill Which being fully debate before the saids Lords The Letters were found orderly proceeded, And therafter their being ane bill given in be Mccleod Reclaimeing against the decreet, Which being Considered with the answers given in therto The Lords Refused the desire of the bill and adhered to their former interloquitor and ordained the Decreet to goe out, Ther was ane New bill given in at Sir Duncan Campbell Cautioner in the suspension his instance farder alleadging that the proportion due to the respective Chargers were not sufficiently cleared, And so they could not know to whom to pay, And Garden for clearing therof produced ane assignation from the respective 2 Chargers to their intrest, Which took off that alledgance And now they pretend that the Commissioners of Justiciary could not decerne against the last Mccleod as representing his father, Because his retour was not produced, And they were not Competent Judges therintill upon which ground the decreet is Stopped, To Which It is answered That the decreet Mccleod being cited before the Commissioners of Justiciary and Decerned And being Suspended and and3 Compearing before the saids Lords And Decerned in his oun lifetime by severall Interloquitors, It were Strang now to allow any persone to Compear for his sone, (And yet deny to represent him) and to propone any defence to Stopp the petitioners decreet formerly pronounced And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the said petition bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above James Stirling of Keir They hereby Ordaine their Clerks to give out the extract of the decreet of Suspension at his instance Against Roderick Mccleod of that ilk and others Conforme to the interloquitor of Councill Decerning in the same dated the seventh day of July Jaj vic Nyntie Eight years.

1. NRS, PC2/27, 317r-317v.

2. An illegible word scored out here.

3. Sic.

1. NRS, PC2/27, 317r-317v.

2. An illegible word scored out here.

3. Sic.

Act, 29 February 1700, Edinburgh

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Att Edinburgh The Twentie Nynth day of February Jaj vic years

D1700/2/211

Act

Act The Magistrats of Pearth

Anent a Petition given in to the Lords of his Majesties privy Councill be The provest Baillies Thesaurer Dean of Gild and remanent Magistrats of the Town of Pearth and other inhabitants of the said burgh cited in the proces aftermentioned Shewing That Wher the petitioners are Conveened before the saids Lords in a most Clamerous and Calumnious lybell at the instance of Mr John Ogilvie pretended Baillie and Some other inhabitants of the Town of Couper and that they have caused cite the whole magistrats of the burgh of Pearth of purpose to leave the toune disolate of government Or any of the Character of a magistrat who might observe or execute the exegencies of his majesties service, And therby take occasion to traduce the petitioners to the saids Lords and it being the saids Lords Constant practise in the Like cases to allow one or two of the Magistrats to attend dureing the dependence of the proces before the saids Lords and the rest of the magistrats to remaine at home for administrating the government And Manadging the affairs of the burgh And Therfore humbly Supplicating the said Lords to the effect aftermentioned The Lords of his Majesties privy Councill haveing Considered the above petitione given in to them be the above provest Baillies Dean of Gild Thesaurer and remanent Magistrats of the Town of Pearth and other inhabitants of the said burgh cited in the above process They hereby Allow the provest the eldest Baillie Viz […] Or […] Dean of Gild of Pearth to attend the Councill in the above process In name of the haill Magistrats of the said burgh and of the other persones called in the above process, and excuses the absence of the rest of the persones cited in the said proces as being necessary to rende within the burgh for the Manadgment of the government and other necessar affairs within the said burgh.

Att Edinburgh The Twentie Nynth day of February Jaj vic years

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Act

Act The Magistrats of Pearth

Anent a Petition given in to the Lords of his Majesties privy Councill be The provest Baillies Thesaurer Dean of Gild and remanent Magistrats of the Town of Pearth and other inhabitants of the said burgh cited in the proces aftermentioned Shewing That Wher the petitioners are Conveened before the saids Lords in a most Clamerous and Calumnious lybell at the instance of Mr John Ogilvie pretended Baillie and Some other inhabitants of the Town of Couper and that they have caused cite the whole magistrats of the burgh of Pearth of purpose to leave the toune disolate of government Or any of the Character of a magistrat who might observe or execute the exegencies of his majesties service, And therby take occasion to traduce the petitioners to the saids Lords and it being the saids Lords Constant practise in the Like cases to allow one or two of the Magistrats to attend dureing the dependence of the proces before the saids Lords and the rest of the magistrats to remaine at home for administrating the government And Manadging the affairs of the burgh And Therfore humbly Supplicating the said Lords to the effect aftermentioned The Lords of his Majesties privy Councill haveing Considered the above petitione given in to them be the above provest Baillies Dean of Gild Thesaurer and remanent Magistrats of the Town of Pearth and other inhabitants of the said burgh cited in the above process They hereby Allow the provest the eldest Baillie Viz […] Or […] Dean of Gild of Pearth to attend the Councill in the above process In name of the haill Magistrats of the said burgh and of the other persones called in the above process, and excuses the absence of the rest of the persones cited in the said proces as being necessary to rende within the burgh for the Manadgment of the government and other necessar affairs within the said burgh.

1. NRS, PC2/27, 316v-317r.

1. NRS, PC2/27, 316v-317r.

Act, 29 February 1700, Edinburgh

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Att Edinburgh The Twentie Nynth day of February Jaj vic years

D1700/2/201

Act

Act The Duke of Gordon anent the Castle of Inverness

Anent a Petition given in to the Lords of his Majesties privy Councill be George Duke of Gordon Shewing That the Castle of Innverness belonging in propertie to the petitioner being possesst and made use of by the Government Since the revolutione was therby so much deteriorat and spoilled that it will inevitably2 goe to outter ruin and decay and become useless aither to the government or to the petitioner unless ther be such repairationes presently made therin either at the expence of the Government or at the petitioners charge in the first place to be afterwards re Imbursed according as the expences shall be instructed to have been Laid out And Therfore humbly Craveing the saids Lords would be pleased In Consideratione of the premisses that now in the time of peace It was neither necessary nor usuall to detaine the houses of privat persons from their proper owners either to appoint the said Castle of Innernes to be repaired and put in alse good Condition as it was in the time the Government took possessione therof Or otherwayes to ordaine the Samen to be restored to the petitioner to the effect the same may be repaired and preserved from ruin upon the petitioners being re Imbursed of the expensses to be Laid out theron according As the samen Shall be instructed to have been Laid out for doeing therof As the said petitione bears The Lords of her Majesties privy Councill haveing Considered this petition given in to them be George Duke of Gordon, They hereby Recomend and give Warrant to the Lairds of Caddel, Colloden Killravick and Brody or any two of them with two of the Magistrats of Inverness to meet and Consider the Condition of the above Castle and of the expensses necessar to repair the Same and appoints them to report the same to the Councill betwixt and the […] day of […] And in the mean time Appoints the petitioner to instruct his right to the said castle.

Att Edinburgh The Twentie Nynth day of February Jaj vic years

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Act

Act The Duke of Gordon anent the Castle of Inverness

Anent a Petition given in to the Lords of his Majesties privy Councill be George Duke of Gordon Shewing That the Castle of Innverness belonging in propertie to the petitioner being possesst and made use of by the Government Since the revolutione was therby so much deteriorat and spoilled that it will inevitably2 goe to outter ruin and decay and become useless aither to the government or to the petitioner unless ther be such repairationes presently made therin either at the expence of the Government or at the petitioners charge in the first place to be afterwards re Imbursed according as the expences shall be instructed to have been Laid out And Therfore humbly Craveing the saids Lords would be pleased In Consideratione of the premisses that now in the time of peace It was neither necessary nor usuall to detaine the houses of privat persons from their proper owners either to appoint the said Castle of Innernes to be repaired and put in alse good Condition as it was in the time the Government took possessione therof Or otherwayes to ordaine the Samen to be restored to the petitioner to the effect the same may be repaired and preserved from ruin upon the petitioners being re Imbursed of the expensses to be Laid out theron according As the samen Shall be instructed to have been Laid out for doeing therof As the said petitione bears The Lords of her Majesties privy Councill haveing Considered this petition given in to them be George Duke of Gordon, They hereby Recomend and give Warrant to the Lairds of Caddel, Colloden Killravick and Brody or any two of them with two of the Magistrats of Inverness to meet and Consider the Condition of the above Castle and of the expensses necessar to repair the Same and appoints them to report the same to the Councill betwixt and the […] day of […] And in the mean time Appoints the petitioner to instruct his right to the said castle.

1. NRS, PC2/27, 316r-316v.

2. The suffix ‘in’ is an insertion.

1. NRS, PC2/27, 316r-316v.

2. The suffix ‘in’ is an insertion.

Act, 29 February 1700, Edinburgh

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Att Edinburgh The Twentie Nynth day of February Jaj vic years

D1700/2/191

Act

Act Anent the Glass Manufactory at Leith

Anent a Petition given in to the Lords of his Majesties privy Councill be Alexander Anisley2 Clerk to the Glass manufactory at Leith in name and behalf of the said Manufactory Sheweth That the Glassmasters at New Castle of purpose to ruin the Manufactory of Glass in Scotland have presently sent in to Montross upon their oun risk and hazard no less then Two Thousand Six hundred Dozen of Botles which will overstock that whole Countrey with the Commoditie And Seing the saids Lords 3 allwayes thought it Just That the Import of Foraigne botles Should be Discharged, And that the only reasone why that the prohibitione hath not4 been made effectuall is That the Members of the Glass Mnufactory hath not been hitherto Sufficiently authorized to name and appoint waiters of their own with power to them to seaze upon and destroy all foraigne Botles Imported into this kingdome wherever they would be found discovered or Seazed upon And Therfore Humbly Craveing the saids Lords would be pleased to warrand and authorize the Members and partners of the said Glass Manufactory at Leith to name and appoint such persones as they think most fitt to be waiters at all ports harbours and Creiks in this kingdome With power to them to seaze upon Confiscat or break all foraigne Botles that Shall be Imported to any part of this kingdome Bot particularly with power to them to seaze Confiscat or destroy the saids botles now presently Imported and Libered at Montross wherever the same can be found and discovered As the said petitione bears, The Lords of his Majesties privy Councill haveing Considered the above petition given in to them be the above Alexander Ainsley for himself and in name and behalf of the Glass manufactory at Leith They doe hereby Give power and Warrand to the Masters and Manadgers of the said Manufactory To nominat and send such persones as they shall think fitt to the Town of Montross with power to these persones to seaze upon and secure for his Majesties or the publicts use the above or any other botles brought from abroad to that place, And appoints the saids persones to sequestrat the Same in a Secure place and to returne a Certificat to the Lords of privy Councill and their Clerks under their hands and under the hands of the Magistrats of Montross Bearing the number of the botles and that they have Secured the said botles for his Majesties and the publicts use, and that betwixt and the first Councill day of Aprill nixt to come And Ordaines the Magistrats of the said burgh and all other persones whither Collectors or Waiters or others to be assisting to them in the executione of the premisses And in the mean time Recommends to the Committie formerly named upon a former petitione given in for the said Manufactory to Meet the morrow at ten in the forenoon And act according to the former referrence And adds the Earles of Melvill, Marr Buchan and Lowdoune The Lords Justice Clerk and Aberurchill and Mr Francis Montgomry to be upon the said former Committie, And Declaires any thrie of the haill Committie to be a Sufficient quorum.

Att Edinburgh The Twentie Nynth day of February Jaj vic years

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Act

Act Anent the Glass Manufactory at Leith

Anent a Petition given in to the Lords of his Majesties privy Councill be Alexander Anisley2 Clerk to the Glass manufactory at Leith in name and behalf of the said Manufactory Sheweth That the Glassmasters at New Castle of purpose to ruin the Manufactory of Glass in Scotland have presently sent in to Montross upon their oun risk and hazard no less then Two Thousand Six hundred Dozen of Botles which will overstock that whole Countrey with the Commoditie And Seing the saids Lords 3 allwayes thought it Just That the Import of Foraigne botles Should be Discharged, And that the only reasone why that the prohibitione hath not4 been made effectuall is That the Members of the Glass Mnufactory hath not been hitherto Sufficiently authorized to name and appoint waiters of their own with power to them to seaze upon and destroy all foraigne Botles Imported into this kingdome wherever they would be found discovered or Seazed upon And Therfore Humbly Craveing the saids Lords would be pleased to warrand and authorize the Members and partners of the said Glass Manufactory at Leith to name and appoint such persones as they think most fitt to be waiters at all ports harbours and Creiks in this kingdome With power to them to seaze upon Confiscat or break all foraigne Botles that Shall be Imported to any part of this kingdome Bot particularly with power to them to seaze Confiscat or destroy the saids botles now presently Imported and Libered at Montross wherever the same can be found and discovered As the said petitione bears, The Lords of his Majesties privy Councill haveing Considered the above petition given in to them be the above Alexander Ainsley for himself and in name and behalf of the Glass manufactory at Leith They doe hereby Give power and Warrand to the Masters and Manadgers of the said Manufactory To nominat and send such persones as they shall think fitt to the Town of Montross with power to these persones to seaze upon and secure for his Majesties or the publicts use the above or any other botles brought from abroad to that place, And appoints the saids persones to sequestrat the Same in a Secure place and to returne a Certificat to the Lords of privy Councill and their Clerks under their hands and under the hands of the Magistrats of Montross Bearing the number of the botles and that they have Secured the said botles for his Majesties and the publicts use, and that betwixt and the first Councill day of Aprill nixt to come And Ordaines the Magistrats of the said burgh and all other persones whither Collectors or Waiters or others to be assisting to them in the executione of the premisses And in the mean time Recommends to the Committie formerly named upon a former petitione given in for the said Manufactory to Meet the morrow at ten in the forenoon And act according to the former referrence And adds the Earles of Melvill, Marr Buchan and Lowdoune The Lords Justice Clerk and Aberurchill and Mr Francis Montgomry to be upon the said former Committie, And Declaires any thrie of the haill Committie to be a Sufficient quorum.

1. NRS, PC2/27, 315r-315v.

2. Sic.

3. The word ‘are’ scored out here.

4. Insertion.

1. NRS, PC2/27, 315r-315v.

2. Sic.

3. The word ‘are’ scored out here.

4. Insertion.

Act, 29 February 1700, Edinburgh

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Att Edinburgh The Twentie Nynth day of February Jaj vic years

D1700/2/181

Act

Act Erskine of Pittodrie for the Stipend of Oyne

Anent a Petition given in to the Lords of his Majesties privy Councill be William Erskine of Pittoddrie Shewing That Wher The petitioner being Patron of the paroch of Oyne Conforme to his infeftment under the great seall And the said Church haveing now been vaccant these severall years bygone, And altho the petitioner might have applyed the vaccant Stipends by and attour the Twentie merks due and payable to these Ministers who have preached at the said Kirk to any pious use within the paroch, yet he esteemed it his duty to apply to the saids Lords for the interpositione of their authority That the saids Lords would be pleased to ordaine the said vaccant stipend for the years Jaj vic nyntie nyne and Jaj vic and so long as the said kirk shall continue vaccant to be applyed as a fund for the Mantinance of a Schooll Master at the Kirk of Oyne, And that after deduction of the said Twentie merks which is in the termes of the Twentie Sixth act of the Sixth Session of this Current parliament Wherby it is Declared that the provyding of a Schoollmaster is a pious use within the paroch to which it Shall be Lawfull for patrons to Imploy the same as he shall see Cause Especially Considering that the presbytrie of the bounds have Recommended the Same Seriously to the petitioner as a pious and Charitable work and very Conduceable to the good of that Countrey as was clear by ther Recommendatione therwith produced Subscrybed by the Moderator and Clerk And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the petitione bears The Lords of his Majesties privy Councill Haveing Considered the above petitione given in to them be the above William Erskine of Pittodrie With the Recommendatione mentioned therin and produced therwith And the petitioners Chartor Containeing the patronage of the above kirk They hereby Ordaine the vaccant stipends of the above kirk of Oyne for the Cropts Jaj vic nyntie nyne and Jaj vic and yearly and termly in time comeing dureing the vaccance therof after deduction allwayes of the above twenty merks due to the Ministers preaching therat to be uplifted from the severall heritors lyable in payment of the same And to be applyed as a fond for Mantinance of a Schoollmaster at the said kirk of Oyne, and for that effect Nominats and appoints John Currie Servitor to the said William Erskine of Pittoddrie to be factor for uplifting and ingathering of the saids Stipends, and Decernes and Ordaines the heritors and Lifrenters, Wodsetters, titulars, tacksmen of Teynds and others Lyable in payment To make payment to the said factor of the above stipends for the said years Jaj vic Nyntie Nyne and Jaj vic years and yearly and termly in time comeing The termes of payment of the Samen being allwayes first come and bygone With deductione of the saids Twenty merks due to the Ministers who shall preach at the said kirk Conforme to the above act of parliament And Ordaines Letters of horning to pass hereon under the Signet of privy Councill at the instance of the said John Currie factor forsaid against the heritors Lifrenters Wodsetters tennents possessors, Titulars Tacksmen of Teynds and all others Lyable in payment of the said Stipend In Respect the said factor before extracting hereof has given bond and found sufficient Caution acted in the books of his Majesties privy Councill That he Shall Imploy the saids Stipends bygone and to come upon a fond for maintinance of a Schooll Master at the said kirk of Oyne, and the saids Lords doe hereby Declare that this Shall be without prejudice to the planting of a Minister and Legally Setleing him at the said kirk as accords at any time dureing the vaccancie.

Att Edinburgh The Twentie Nynth day of February Jaj vic years

D1700/2/181

Act

Act Erskine of Pittodrie for the Stipend of Oyne

Anent a Petition given in to the Lords of his Majesties privy Councill be William Erskine of Pittoddrie Shewing That Wher The petitioner being Patron of the paroch of Oyne Conforme to his infeftment under the great seall And the said Church haveing now been vaccant these severall years bygone, And altho the petitioner might have applyed the vaccant Stipends by and attour the Twentie merks due and payable to these Ministers who have preached at the said Kirk to any pious use within the paroch, yet he esteemed it his duty to apply to the saids Lords for the interpositione of their authority That the saids Lords would be pleased to ordaine the said vaccant stipend for the years Jaj vic nyntie nyne and Jaj vic and so long as the said kirk shall continue vaccant to be applyed as a fund for the Mantinance of a Schooll Master at the Kirk of Oyne, And that after deduction of the said Twentie merks which is in the termes of the Twentie Sixth act of the Sixth Session of this Current parliament Wherby it is Declared that the provyding of a Schoollmaster is a pious use within the paroch to which it Shall be Lawfull for patrons to Imploy the same as he shall see Cause Especially Considering that the presbytrie of the bounds have Recommended the Same Seriously to the petitioner as a pious and Charitable work and very Conduceable to the good of that Countrey as was clear by ther Recommendatione therwith produced Subscrybed by the Moderator and Clerk And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the petitione bears The Lords of his Majesties privy Councill Haveing Considered the above petitione given in to them be the above William Erskine of Pittodrie With the Recommendatione mentioned therin and produced therwith And the petitioners Chartor Containeing the patronage of the above kirk They hereby Ordaine the vaccant stipends of the above kirk of Oyne for the Cropts Jaj vic nyntie nyne and Jaj vic and yearly and termly in time comeing dureing the vaccance therof after deduction allwayes of the above twenty merks due to the Ministers preaching therat to be uplifted from the severall heritors lyable in payment of the same And to be applyed as a fond for Mantinance of a Schoollmaster at the said kirk of Oyne, and for that effect Nominats and appoints John Currie Servitor to the said William Erskine of Pittoddrie to be factor for uplifting and ingathering of the saids Stipends, and Decernes and Ordaines the heritors and Lifrenters, Wodsetters, titulars, tacksmen of Teynds and others Lyable in payment To make payment to the said factor of the above stipends for the said years Jaj vic Nyntie Nyne and Jaj vic years and yearly and termly in time comeing The termes of payment of the Samen being allwayes first come and bygone With deductione of the saids Twenty merks due to the Ministers who shall preach at the said kirk Conforme to the above act of parliament And Ordaines Letters of horning to pass hereon under the Signet of privy Councill at the instance of the said John Currie factor forsaid against the heritors Lifrenters Wodsetters tennents possessors, Titulars Tacksmen of Teynds and all others Lyable in payment of the said Stipend In Respect the said factor before extracting hereof has given bond and found sufficient Caution acted in the books of his Majesties privy Councill That he Shall Imploy the saids Stipends bygone and to come upon a fond for maintinance of a Schooll Master at the said kirk of Oyne, and the saids Lords doe hereby Declare that this Shall be without prejudice to the planting of a Minister and Legally Setleing him at the said kirk as accords at any time dureing the vaccancie.

1. NRS, PC2/27, 313v-314v.

1. NRS, PC2/27, 313v-314v.

Sederunt, 29 February 1700, Edinburgh

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Att Edinburgh The Twentie Nynth day of February Jaj vic years1

D1700/2/172

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Mar; Earl of Buchan; Earl of Cassills; Earl of Loudon; Earl of Annandale; Viscount Tarbat; Lord Montgomry; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Phesdo; Mr Fra: Montgomry

Att Edinburgh The Twentie Nynth day of February Jaj vic years1

D1700/2/172

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Mar; Earl of Buchan; Earl of Cassills; Earl of Loudon; Earl of Annandale; Viscount Tarbat; Lord Montgomry; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Phesdo; Mr Fra: Montgomry

1. NRS, PC2/27, 313v.

2. NRS, PC2/27, 313v.

1. NRS, PC2/27, 313v.

2. NRS, PC2/27, 313v.

Decreet, 27 February 1700, Edinburgh

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Att Edinburgh The Twentie Seventh of February Jaj vic years

D1700/2/161

Decreet

Interloquitor William Anderson Against Adam Walkinshaw

The Process William Anderson against Allan Walkinshaw Being to be farder advised and both parties Lawiers being to be heard upon this point Viz Who Should be Lyable for the damnadges Committed And the said William Anderson pursuer Compearing personally with Sir David Thores and Mr Thomas Skeen his advocats, And the said Allan Walkinshaw defender Compearing personally with Sir Androw Home Mr David Dalrymple and Mr John Ferguson his advocats And the Lords of his Majesties privy Councill haveing at Length heard both parties Lawiers forsaids and haveing heard their Lordships Last interloquitor in this process upon the Thretein of February instant read in their presence, They Find Allan Walkinshaw Lyable for the Illegallity in the quartering and exacting quartering money Illegally, And Recommends to the Committie formerly appointed in this matter viz The Earles of Crafurd Marr and Leven, The Viscount of Tarbatt The Lord Rankeillor and Sir Robert Sinclair of Stivenson farder to Consider and examine this matter And adds the Lord Montgomry and Boyle to the former Comittie and declares any two of the Comittie to be a sufficient quorum And Recomends to the said Comittie to meett the morrow at ten in the forenoon and to endeavour to setle and agree the parties

Att Edinburgh The Twentie Seventh of February Jaj vic years

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Decreet

Interloquitor William Anderson Against Adam Walkinshaw

The Process William Anderson against Allan Walkinshaw Being to be farder advised and both parties Lawiers being to be heard upon this point Viz Who Should be Lyable for the damnadges Committed And the said William Anderson pursuer Compearing personally with Sir David Thores and Mr Thomas Skeen his advocats, And the said Allan Walkinshaw defender Compearing personally with Sir Androw Home Mr David Dalrymple and Mr John Ferguson his advocats And the Lords of his Majesties privy Councill haveing at Length heard both parties Lawiers forsaids and haveing heard their Lordships Last interloquitor in this process upon the Thretein of February instant read in their presence, They Find Allan Walkinshaw Lyable for the Illegallity in the quartering and exacting quartering money Illegally, And Recommends to the Committie formerly appointed in this matter viz The Earles of Crafurd Marr and Leven, The Viscount of Tarbatt The Lord Rankeillor and Sir Robert Sinclair of Stivenson farder to Consider and examine this matter And adds the Lord Montgomry and Boyle to the former Comittie and declares any two of the Comittie to be a sufficient quorum And Recomends to the said Comittie to meett the morrow at ten in the forenoon and to endeavour to setle and agree the parties

1. NRS, PC2/27, 313r-313v.

1. NRS, PC2/27, 313r-313v.

Act, 27 February 1700, Edinburgh

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Att Edinburgh The Twentie Seventh of February Jaj vic years

D1700/2/151

Act

Act Ordaineing Mr William Cheisly to pay the Master of the Cannogate Tolbooth for his Sones house dewes

Anent a Petition given in to the Lords of his majesties privy Councill be Archibald Cheisly only sone to Mr William Cheisly of Cockburne wryter to the Signet Shewing That wher the said Mr William Cheisly haveing procurred a warrand from the saids Lords and therupon incarcerat the petitioner in May Jaj vic Nyntie Seven, and detained him ther ever since syne without any probatione Which being often represented to the saids Lords, Ther Lordships 2 at Lenth by their act of the date the Twentie fifth day of Jannuary Last appointed the petitioner to be sett at Libertie, Notwithstanding therof the petitioner was Still detained prisoner for his house dues, Wherby the petitioner would be a perpetuall prisoner unless the saids Lords would be Gratiously pleased to provyde remeed And Seing the saids Lords Justice and favor in granting the petitioner Liberatione would be altogither in effectuall unless their Lordships were pleased to take some effectuall order to oblidge the petitioners father to satisfie the saids dues for the petitioners Imprisonment these thertie two moneths and upwards And Therfore humbly Supplicating the saids Lords to the effect aftermentioned as the petitione bears The Lords of his majesties privy Councill haveing Considered the above petitione given in to them be Archibald Cheisly only sone to Mr William Cheisly of Cockburne They hereby Ordaine the said Mr William Cheisly to Satisfie and pay to James Hamilton Master of the Cannogate Tolbooth the petitioners house dues dureing the time of his Imprisonment

Att Edinburgh The Twentie Seventh of February Jaj vic years

D1700/2/151

Act

Act Ordaineing Mr William Cheisly to pay the Master of the Cannogate Tolbooth for his Sones house dewes

Anent a Petition given in to the Lords of his majesties privy Councill be Archibald Cheisly only sone to Mr William Cheisly of Cockburne wryter to the Signet Shewing That wher the said Mr William Cheisly haveing procurred a warrand from the saids Lords and therupon incarcerat the petitioner in May Jaj vic Nyntie Seven, and detained him ther ever since syne without any probatione Which being often represented to the saids Lords, Ther Lordships 2 at Lenth by their act of the date the Twentie fifth day of Jannuary Last appointed the petitioner to be sett at Libertie, Notwithstanding therof the petitioner was Still detained prisoner for his house dues, Wherby the petitioner would be a perpetuall prisoner unless the saids Lords would be Gratiously pleased to provyde remeed And Seing the saids Lords Justice and favor in granting the petitioner Liberatione would be altogither in effectuall unless their Lordships were pleased to take some effectuall order to oblidge the petitioners father to satisfie the saids dues for the petitioners Imprisonment these thertie two moneths and upwards And Therfore humbly Supplicating the saids Lords to the effect aftermentioned as the petitione bears The Lords of his majesties privy Councill haveing Considered the above petitione given in to them be Archibald Cheisly only sone to Mr William Cheisly of Cockburne They hereby Ordaine the said Mr William Cheisly to Satisfie and pay to James Hamilton Master of the Cannogate Tolbooth the petitioners house dues dureing the time of his Imprisonment

1. NRS, PC2/27, 312v-313r.

2. The word ‘was’ scored out here.

1. NRS, PC2/27, 312v-313r.

2. The word ‘was’ scored out here.

Procedure, 27 February 1700, Edinburgh

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Att Edinburgh The Twentie Seventh of February Jaj vic years

D1700/2/141

Procedure

[Approbation of Andrew Crafurd’s imprisonment]

Sir James Stewart his Majesties advocat having Represented to the Lords of his Majesties privy Councill, That he hade Caused Seaze and Imprison Androw Crafurd in the Tolbooth of Edinburgh In Respect that being lately come to the Countrey and being debitor to severall persones, And particularly to two of the name of Caruthers and one called Scrymsoor who hade made applicatione to his Lordship, That the said Androw Crafurd was designeing to retire himself out of the Countrey again Wherupon his Lordship hade caused incarcerat him as said is Untill he find Cautione Judicio Sisti et Judicatum Solvi, And Craved that the saids Lords would approve of what he hade done Which the Councill have Aproved and hereby Aproves off.

Att Edinburgh The Twentie Seventh of February Jaj vic years

D1700/2/141

Procedure

[Approbation of Andrew Crafurd’s imprisonment]

Sir James Stewart his Majesties advocat having Represented to the Lords of his Majesties privy Councill, That he hade Caused Seaze and Imprison Androw Crafurd in the Tolbooth of Edinburgh In Respect that being lately come to the Countrey and being debitor to severall persones, And particularly to two of the name of Caruthers and one called Scrymsoor who hade made applicatione to his Lordship, That the said Androw Crafurd was designeing to retire himself out of the Countrey again Wherupon his Lordship hade caused incarcerat him as said is Untill he find Cautione Judicio Sisti et Judicatum Solvi, And Craved that the saids Lords would approve of what he hade done Which the Councill have Aproved and hereby Aproves off.

1. NRS, PC2/27, 312v.

1. NRS, PC2/27, 312v.