D1704/1/2
D1704/1/22
Procedure
The Councill mett and did no privat bussienes
1. NRS, PC2/28, 277r. No sederunt recorded
2. NRS, PC2/28, 277r.
1. NRS, PC2/28, 277r. No sederunt recorded.
2. NRS, PC2/28, 277r.
D1704/1/1
D1704/1/12
Procedure
The Councill mett and did no privat busseines
1. NRS, PC2/28, 277r. No sederunt recorded.
2. NRS, PC2/28, 277r.
1. NRS, PC2/28, 277r. No sederunt recorded.
2. NRS, PC2/28, 277r.
D1703/1/9
D1703/1/91
Act
Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Mary Countess of Southesk, Charles Earle of Hume, John Earle of Lauderdale David Earle of Northesk, Henry Lord Sinclair, Sir Archbald Hope off Rankeillor, Mr James Carnegie off Phinhaven and Mr James Martain off Grange as Tuttors to and in behalfe off James now Earle of Southesk Their Pupill Shewing That ther being a proces Depending befoir the Parliament off Paris annent the summe off Ten Thousand Livers Mortifyed by the late Earle of Southesk For the use off the poor Wherin the now Earle of Southesk younger Petitioners pupill is particularly Concerned And the said Soume will unquestionably be lost and perish unless The Petitioners shall be allowed as Tuttors to transmit due Informatione’s and Instructiones To their Pupills Lauiers employed And Seeing The Petitioners By reason off the Late Act Dischairging Commerce with France Cannot saiffly correspond with ther saids Lauiers without speciall allowance from ther Lordships for that effect And Therfore Creaving To the effect aftermentioned as the said petition bears The Lords of Her Majestie’s Privie Councill Haveing considered the above Petition given into them By Mary Countess off Southesk, Charles Earle of Hume John Earle off Lauderdale, David Earle off Northesk, Henry Lord Sinclair, Sir Archbald Hope off Rankeillor Mr James Carnegie of Phinhaven and Master James Martain off Grange As Tuttors to and in behalfe off James now2 Earle off South Esk Their pupill They Doe Heirby permit and Allow The said Petitioners As Tuttor’s Forsaids or any off them to writ To Paris alse oft as shall be needfull upon occasione off ane proces Depending befoir the Parliament off Paris Annent the soume off Ten Thousand Livers Mortified By the Late Earle of Southesk For the use off the poor wherin the now Earle off Southesk The petitioners pupill is particularly concerned To her Factors, Agents, and Raporteur The Letters and Missives soe sent being allwayes befoir sending therof first seen and marked By Sir James Steuart Her Majesties Advocat.
1. NRS, PC2/28, 238r-238v.
2. The word ‘now’ is an insertion.
1. NRS, PC2/28, 238r-238v.
2. The word ‘now’ is an insertion.
D1703/1/8
D1703/1/82
Sederunt
Earl of Tullibairden P:C:; Earl of Buchan; Earl of Lauderdale; Earl of Findlatter; Earl of Forfar; Lord Ross; Lord Register; Lord Advocat; Lord Aberuchill; Lord Halcraig; Lord Crossigg; Lord Rankeillor; Lord Phesdo
1. NRS, PC2/28, 238r.
2. NRS, PC2/28, 238r.
1. NRS, PC2/28, 238r.
2. NRS, PC2/28, 238r.
D1703/1/7
D1703/1/72
Procedure
The Councill mett and noe privat bussiness don that day
1. NRS, PC2/28, 238r.
2. NRS, PC2/28, 238r.
1. NRS, PC2/28, 238r.
2. NRS, PC2/28, 238r.
D1703/1/6
D1703/1/61
Act
Annent The Petitione given in and presented to the Lords of Her Majesties privie Councill By the Court of Directors of the Companie of Scotland Trading to Affrica and the Indies Shewing That ther being a Shipe off about Tuo hundered seventie five Tuns burden mounted with Tuenty Six pices of Ordinarie or Great Guns with Suteable Amunition and small arms ready to saill from the River of Thames for the East Indies upon the said Companys account And that by reason of the Dipending Disput betuin those who acted in the office of the Admirality of this Kingdome By vertue off his late Majesties Commission and those who are now Commissioned by his Grace the Duke of Lennox as Lord high Admirall your Petitioners after earnest application made can not prevail with Either the one or the other To grant Letters of Mart For the said shipe untill the said Disput be Decided And Therfore craveing Their Lordships To interpose this authority in that matter so as to answer the present exigency In respect that the said shipe most unavoidably saill furth with Unless the run the hazerd of loasing boeth the season and Convoy And cannot be saiff without the said Letters of Mart as the said petition bears2 Which Petition Being upon the fourthteen off January Jaj vijc and three The Lords of Her Majesties privie Councill Haveing heard the above petition Given into them By the Court of Directors off the Company of Scotland trading to Affrica and the Indies Read in their presence They heirby delayed the same till Tuesday nixt And in the mean tyme Recommends to Sir James Steuart Her Majesties Advocat To see and consider the said petition Edinburgh the Nynthteen of January Jaj vijc and Three I have seen the Petition presented to the Councill By the Affrican Companie about Letters off Mart with the privie Councills recommendation upon it and Their Lordships maybe pleased To know that Letters of Mart Can only be given by the high Admirall Or Vice Admirall with approbation off Her Majestie or the Lords off privie Councill As also that the Commission off Admirality granted by the late King with power to the Commissioners To give Letters of Mart with approbation as above stands yet undischairged or determined Save that the late Lord Chancellour is sine quo non Which puts a stop to it And Therfore it is thought That the privy Councill can only supply this deffect But whither ther Lordships by themselves will give Letters of Mart Is humbly submitted to ther Lordships Judgement For the Judge Admirall 3 was never in use to give Letters off Mart And ther is noe Admirall or vice Admirall yet in exercise And the Forsaid Commission is at a stand Because of the Earle of Marchmount then Chancelour his being therin sine quo non This is the humble returne of Sic Subscribitur James Steuart. And the said petition being upon the nynthteen day off January Jaj vijc and Three againe Called The saids Lords of Her Majesties privie Councill Haveing Considered the above petition given into them By the Court off Directors off the Affrican and Indian Company off Scotland annent Letters of Mart with the Report made By Her Majesties Advocat Annent the saids Letters off Mart And the samen Being read in their presence The saids Lords off Her Majesties privie Councill Doe heirby Recommend To Sir James Steuart her Majesties Advocat To writ to the Two Secretaries off State For this Kingdome To take the most effectuall method and way for procureing To the said Affrican and Indian Company Letters of Mart For the shipe sailed By […] Lyeing in the River off Thames and Imployed in the Companies service And that either From Her Majestie or From the Admirall off Scotland as their Lordships shall think Fit.
1. NRS, PC2/28, 237r-238r.
2. The words ‘as the said petition bears’ are an insertion.
3. Two illegible words scored out here.
1. NRS, PC2/28, 237r-238r.
2. The words ‘as the said petition bears’ are an insertion.
3. Two illegible words scored out here.
D1703/1/5
D1703/1/51
Act
Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Elizabeth Winram spouse to John Colquhoun off Kenmuir Shewing That By the Contract of marriadge past betwixt the said John Colquhoun of Kenmuir his father Did Dispone the Lands of Kenmuir to the petitioners husband and the heirs of the marriadge As also Nyne Thousand merks of the soumes which wer due to him upon the Estate of Caintoun And my Tocher being also Nyne Thousand merks the same with the forsaid money upon Carntoun was provyded to the saids Children And by the same Contract The petitioner is provyded to the Lyferent of the half of the Lands of Kenmuir and accordingly infeft therin As also The petitioner is provyded to five hundereth merks yearly out of the annualrent of the forsaid soumes The annualrent of the petitioners oun Tocher which was then well secured upon the Estate of Wilstoun Being discounted in the first place Notwithstanding wherof albeit The petitioner Did Cheirfully Comply that her Tocher should be lifted and imployed by her husband For payment of the pressing debts to which the petitioners husband was subjected on account off his father and Uncle Conterar to the petitioners Expectation upon his granting to her for her Lyferent out of the Estate of Cairntoune In soe far as Concerned what was provyded to the petitioner by the Lyferent of her oun Tocher and soe much out of his other money as should be necessary For makeing up the difficiencie of the petitioners annuity yet nevertheless and albeit her husbands Estate be more then sufficient for payment of all his debts some of his Creditors are soe seveare and rigorous That by ther pressing dilligences The petitioner and and2 her family are reduced to difficulties And seeing this Misfortune is occasioned by Cautionries wher ther will in the event be found sufficient fonds of releif and that in such caice their Lordships are in use to grant moderat aliments out off the husbands Estate For mentinance of his wyfe and ther Children And that The petitioner is content that the same be restricted to the forsaid halfe Lands of Kenmuir which will not Exceed Five hundereth merks or therby per annum And Therfor Creaving That ther Lordships might be pleased to take to ther serious Consideration the Caice of the petitioner and her Children and to grant warrand to the petitioner for uplifting out of the first and readiest of the said Estate as much as will correspond to the annualrent of the petitioners forsaid Tocher which was punctually payed or otherwayes to allow the petitioner the rents of the forsaid half Lands of Kenmuir wherin The petitioner is infeft and that for the necessar support off her and her Children And to Declair that the samen shall not be affectable by her husbands Creditors as use is in the lyke caices As the said petition Bears The Lords of Her Majesties privie Councill Haveing Considered the above petition given into them by Elizabeth Winram spouse to John Colquhoun off Kenmuir with her Contract of marriadge produced therwith And the samen Being read in their presence The saids Lords of her Majesties privie Councill Have Modefied and allowed And heirby Modefies and allowes The soume off Five hundereth merks scots money To be payed to the petitioner yearly as ane aliment For the mentinance off her self and Children and that out off the said Estate off Kenmuir att Tuo termes in the year Whyttsunday and Martimes be equall portiones Being the first termes payment therof at the terme of Whyttsunday nixt For the half year preceeding and yearly and termly in tyme comeing And Decernes and Ordaines The factors, heretors and Tennents of the said Estate to make payment off the said soume off Five hundereth merks off yearly aliment Conforme to ther Rents to be Contained in a list Containing ther severall proportiones To be given in by the said Elizabeth Winram and subscryved by her to the Clerks of privie Councill And ordaines Letters of Horning under the signet of Councill To be direct hereupon against the Factor of the said Estate And in caice ther be noe factor against the Heritors and tennents therof upon a list to be given in and subscrived as above and that this aliment shall noe wayes be affected with any debts of her husband But that her Dischairge by her selfe alon without Consent of her said husband shall be a sufficient Exonouration therof to the tennents and others forsaids.
1. NRS, PC2/28, 236r-237r.
2. Sic.
1. NRS, PC2/28, 236r-237r.
2. Sic.
D1703/1/4
D1703/1/42
Sederunt
Earl of Eglingtoun; Earl of Loudoun; Earl of Forfar; Lord Register; Lord Advocat; Lord Aberuchill; Lord Halcraig; Lord Crossrigg; Lord Rankillor; Lord Phesdo; Mr Fra: Montgomery
1. NRS, PC2/28, 236r.
2. NRS, PC2/28, 236r.
1. NRS, PC2/28, 236r.
2. NRS, PC2/28, 236r.
D1703/1/3
D1703/1/31
Act
Anent the petition given in and presented to the Lords of Her Majesties privie Councill By John Vallange Book seller Burges of Edinburgh By Shewing That by ane act of the privie Councill in March Jai vjc and Eighty four In favours of Sir George Mackenzie of Rosehaugh Advocat to King Charles the Second It is ordered that non shall Reprint or Import into this Kingdome the book intituled the Institutions of the Law’s of Scotland by Sir George Mackenzie of Rosehaugh for the space of nyntein years after the date of the said act without the consent of the author under the pain of Confiscation of the haill Copies and furder punishment as the Councill should think fitt Which act and priviledge is by the said Sir George assigned to Thomas Broun Bookseller in Edinburgh and transferred to the petitioner upon the fyfteen of october Last And seeing the tyme mentioned in Ther Lordships priviledge is not expyred And that the petitioner is a bout to reprint the said book And Therfore Creaving Their Lordships To prorogate the space Contained in their former Act Nynteen years longer And to continue the previlidge and prohibition dureing that tyme And for that effect to ordaine that non shall reprint or import into this Kingdome the forsaid Institutiones of the Laws of Scotland For the space of […] without the petitioners Consent and under the pain of Confiscation of the whole Coppies and further punishment as the Councill shall think fit as the said petition bears The Lords of Her Majesties privie Councill Having Considered the petition Given into them by John Vallange bookseller burges of Edinburgh And the samen being read in their presence The saids Lords Doe Hierby prorogat the space contained in ane former act, For printing a book Intituled Institutiones of the Law of Scotland By Sir George McKenzie of Rosehaugh Granted By the saids Lords of privie Councill to the said Sir George McKenzie off the date the […] day of March Jaj vijc and Eighty four years And assigned by him to Thomas Broun book seller in Edinburgh and transferred by him to the petitioner And that for the tyme and space of nyne years longer after Expyring of the years mentioned in the former act With power to the said John Vallang only to print the said book Dureing the foresaid space And Dischairges any person to print, Reprint or Import into this Kingdome the said book Intituled the Institutiones of the Law of Scotland By Sir George McKenzie of Rosehaugh for the said space of nyne years Contained in the former Act without the petitioners consent under the pain of Confiscation of the whole Copies To be furder punished As the Lords of Her Majesties privie Councill shall think fit.
1. NRS, PC2/28, 235v-236r.
1. NRS, PC2/28, 235v-236r.
D1703/1/2
D1703/1/23
Sederunt
Earl of Eglintoun; Earl of Loudoun; Earl of Forfar; Lord Register; Lord Aberuchill; Lord Halcraig; Lord Crossrig; Lord Rankeilor; Lord Phesdo; Mr Fr: Montgomry; Lord Provost of Edinburgh
1. The figure ‘2′ scored out here.
3. NRS, PC2/28, 235v.
1. The figure ‘2′ scored out here.
3. NRS, PC2/28, 235v.