Tag Archives: January

Act, 6 January 1701, Edinburgh

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Att Holyrudhouse the sixth day of January one Thousand seven hundred years

D1701/1/61

Act

Act the Viscount of Arbuthnet anent Choiseing Curators

Anent a Petition given in to His Majesties high Commissioner and the Lords of his Majesties privy Councill be the Viscount of Arbuthnot Shewing That wher in obedience to the deliverance of Councill the Tenth day of December on the Muttuall petitiones by the Earle of Southerland and the petitioner and and in Complyance to my Lord Chancelors Letter wryten at the desire of the Councill the petitioner hade returned to Edinburgh and hade waited upon his Grace; The Lord Chancelor and others of the privy Councill and hade owned as weell as showen that the petitioners withdrawing from his Grandfathers familly was without any disrespect of the petitioners own free Choise, Bot albeit by the Letter which the petitioner hade the honor to receive from the Chancelor The petitioner understood he was to be left at Libertie upon the petitioners returne and presenting of the petitioners self to his Grace to proceed in Choiseing of the petitioners Curators yet the interloquitor of Councill does stope and Discharge the petitioners choiseing of Curators serving of edicts or doeing any other thing for the effect untill farder order of Councill and although this prohibition be only in the mean time untill petitioner should present himself to his Majesties high Commissioner and that is not to be thought till his Grace and the saids Lords intended Imped the free Choise of the petitioners Curators yet least the petitioner should seem to faill the due respect to any ordinance of Councill The petitioner hade abstained from the Choiseing of the Currators untill his Grace and the saids Lords take off the very appearance of a prohibitione and therfore humbly Craveing the saids Lords to Find that he might freely proceed to Choise Curators As the petition bears His Majesties high Commissioner and the Lords of privy Councill haveing Considered this petition given in to them by the above Viscount of Arbuthnot They hereby take off any stop made by them to the said petitioner his Choiseing of his Curators; And Declares his Lordship to be at full and free Libertie to ellect and Choise the Same notwithstanding therof, and alse fully and freely as if the Samen hade never been Laid on as accords in Law.

Att Holyrudhouse the sixth day of January one Thousand seven hundred years

D1701/1/61

Act

Act the Viscount of Arbuthnet anent Choiseing Curators

Anent a Petition given in to His Majesties high Commissioner and the Lords of his Majesties privy Councill be the Viscount of Arbuthnot Shewing That wher in obedience to the deliverance of Councill the Tenth day of December on the Muttuall petitiones by the Earle of Southerland and the petitioner and and in Complyance to my Lord Chancelors Letter wryten at the desire of the Councill the petitioner hade returned to Edinburgh and hade waited upon his Grace; The Lord Chancelor and others of the privy Councill and hade owned as weell as showen that the petitioners withdrawing from his Grandfathers familly was without any disrespect of the petitioners own free Choise, Bot albeit by the Letter which the petitioner hade the honor to receive from the Chancelor The petitioner understood he was to be left at Libertie upon the petitioners returne and presenting of the petitioners self to his Grace to proceed in Choiseing of the petitioners Curators yet the interloquitor of Councill does stope and Discharge the petitioners choiseing of Curators serving of edicts or doeing any other thing for the effect untill farder order of Councill and although this prohibition be only in the mean time untill petitioner should present himself to his Majesties high Commissioner and that is not to be thought till his Grace and the saids Lords intended Imped the free Choise of the petitioners Curators yet least the petitioner should seem to faill the due respect to any ordinance of Councill The petitioner hade abstained from the Choiseing of the Currators untill his Grace and the saids Lords take off the very appearance of a prohibitione and therfore humbly Craveing the saids Lords to Find that he might freely proceed to Choise Curators As the petition bears His Majesties high Commissioner and the Lords of privy Councill haveing Considered this petition given in to them by the above Viscount of Arbuthnot They hereby take off any stop made by them to the said petitioner his Choiseing of his Curators; And Declares his Lordship to be at full and free Libertie to ellect and Choise the Same notwithstanding therof, and alse fully and freely as if the Samen hade never been Laid on as accords in Law.

1. NRS, PC2/28, 25v-26r.

1. NRS, PC2/28, 25v-26r.

Act, 6 January 1701, Edinburgh

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Att Holyrudhouse the sixth day of January one Thousand seven hundred years

D1701/1/51

Act

Protection To Coll Mcdonald

Anent a Petition given in to the Lords of his Majesties privy Councill be Coll Mcdonald in Keppoch Shewing That wher it pleased the Lords of his Majesties privy Councill by their act dated the nynth day of August Last to grant the petitioner a personall protection to the first of January nixt to come That the petitioner might treat with the persones named in a former act of the date the twelth day of march last anent the Laird of Mcintoshes affairs in presence of Brigadeer Maitland governor of Fort William In prosecutione wherof the petitioner hade treated accordingly, And the Laird of Mcintosh and the petitioner was fully settled by a subscribed agreement and wryting reported to the saids Lords by the said Brigadeer Maitland, and seeing it would be necessary both to the effect that the petitioner might attend the saids Lords pleasure in relatione to the said report, as Likewayes for extending the wrytes and papers betwixt the Laird of Mcintosh and the petitioner For Implement of the said agreement, That the saids Lords protectione be prorogued for some time with a farder Libertie for the petitioner to attend the saids Lords at Edinburgh to the effect forsaid, as also that the saids Lords protectione be granted to Angus Mcdonald Mcdonald2 a person necessary for the perfecting the saids wrytes And Therfor humbly supplicating the saids Lords to the effect aftermentioned. As the said petition bears; His Majesties high Commmissioner and the Lords of his Majesties privy Councill having Considered this petition given in to them be the above Coll McDonald in Keppoch For himself and Angus Mcdonald his brother His Grace and their Lordships Doe hereby Grant personall protectione to the said Coll Mcdonald and to the said Angus Mcdonald his brother untill the sixth day of July Nixt to come inclusive, as to any thing may be Laid to their Charge upon the accompt of their actings against the government allenarly To the effect the said Coll Mcdonald may Continue to treat with the persones named in the former acts of Councill of the date the twelth day of March and nynth of August Last by past anent the Laird of Mcintoshes privat affairs, In presence of Brigadeer Maitland Governour of Fort William and Discharges all macers messengers at armes and other officers of the Law whatsomever to trouble or mollest the said Coll and Angus Mcdonalds upon accompt of any thing may be Laid to their Charge for their by past actings against the Government before the said day be elapsed, and dureing the space of the said protection have allowed and hereby Allowes the saids Coll and Angus Mcdonalds to repair to the city of Edinburgh or other places needfull within this kingdome to the effect abovementioned.

Att Holyrudhouse the sixth day of January one Thousand seven hundred years

D1701/1/51

Act

Protection To Coll Mcdonald

Anent a Petition given in to the Lords of his Majesties privy Councill be Coll Mcdonald in Keppoch Shewing That wher it pleased the Lords of his Majesties privy Councill by their act dated the nynth day of August Last to grant the petitioner a personall protection to the first of January nixt to come That the petitioner might treat with the persones named in a former act of the date the twelth day of march last anent the Laird of Mcintoshes affairs in presence of Brigadeer Maitland governor of Fort William In prosecutione wherof the petitioner hade treated accordingly, And the Laird of Mcintosh and the petitioner was fully settled by a subscribed agreement and wryting reported to the saids Lords by the said Brigadeer Maitland, and seeing it would be necessary both to the effect that the petitioner might attend the saids Lords pleasure in relatione to the said report, as Likewayes for extending the wrytes and papers betwixt the Laird of Mcintosh and the petitioner For Implement of the said agreement, That the saids Lords protectione be prorogued for some time with a farder Libertie for the petitioner to attend the saids Lords at Edinburgh to the effect forsaid, as also that the saids Lords protectione be granted to Angus Mcdonald Mcdonald2 a person necessary for the perfecting the saids wrytes And Therfor humbly supplicating the saids Lords to the effect aftermentioned. As the said petition bears; His Majesties high Commmissioner and the Lords of his Majesties privy Councill having Considered this petition given in to them be the above Coll McDonald in Keppoch For himself and Angus Mcdonald his brother His Grace and their Lordships Doe hereby Grant personall protectione to the said Coll Mcdonald and to the said Angus Mcdonald his brother untill the sixth day of July Nixt to come inclusive, as to any thing may be Laid to their Charge upon the accompt of their actings against the government allenarly To the effect the said Coll Mcdonald may Continue to treat with the persones named in the former acts of Councill of the date the twelth day of March and nynth of August Last by past anent the Laird of Mcintoshes privat affairs, In presence of Brigadeer Maitland Governour of Fort William and Discharges all macers messengers at armes and other officers of the Law whatsomever to trouble or mollest the said Coll and Angus Mcdonalds upon accompt of any thing may be Laid to their Charge for their by past actings against the Government before the said day be elapsed, and dureing the space of the said protection have allowed and hereby Allowes the saids Coll and Angus Mcdonalds to repair to the city of Edinburgh or other places needfull within this kingdome to the effect abovementioned.

1. NRS, PC2/28, 25r-v.

2. Sic.

1. NRS, PC2/28, 25r-v.

2. Sic.

Sederunt, 6 January 1701, Edinburgh

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Att1 Holyrudhouse the sixth day of January one Thousand seven hundred years2

D1701/1/43

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyll; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Cassills; Earl of Strathmore; Earl of Galloway; Earl of Lothian; Earl of Lowdon; Earl of Finlator; Earl of Kintoir; Lord Montgomrie; Lord Jedburgh; Lord Carmicheall S; Lord Forbes; Lord Ross; Lord Boyle; Lord President of session; Lord Advocat; Lord Thesaurer deput; Lord Aberuchill; Lord Stevenson; Lord provest of Edinburgh

Att1 Holyrudhouse the sixth day of January one Thousand seven hundred years2

D1701/1/43

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyll; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Cassills; Earl of Strathmore; Earl of Galloway; Earl of Lothian; Earl of Lowdon; Earl of Finlator; Earl of Kintoir; Lord Montgomrie; Lord Jedburgh; Lord Carmicheall S; Lord Forbes; Lord Ross; Lord Boyle; Lord President of session; Lord Advocat; Lord Thesaurer deput; Lord Aberuchill; Lord Stevenson; Lord provest of Edinburgh

1. The word ‘Edinburgh’ scored out.

2. Sic. NRS, PC2/28, 25r.

3. NRS, PC2/28, 25r.

1. The word ‘Edinburgh’ scored out.

2. Sic. NRS, PC2/28, 25r.

3. NRS, PC2/28, 25r.

Warrant, 1 January 1701, Edinburgh

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Att Edinburgh The First day of January One Thousand seven Hundred and one years

D1701/1/31

Warrant

Warrand For helping the Interloquitor William Dunnet Against William Swanson and others

His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the interloquitor pronunced be his Grace and their Lordships upon the Lybell pursued before them upon the Tenth day of December Last by past at the instance of William Dunnat and John Bruce against William Swanstoune David Henderson and George Smith, Wherby They Remitted the said Lybell and reconventione at the defenders instance against the pursuers to be pursued and discust befor the Judge ordinary as accords cum onore expensarium to be payed by the defenders in case the pursuars in the principall Lybell shall prevaill which was stoped by the Lord high Commissioner and saids Lords of privy Councill Do hereby Declare That they did and doe mean by the Judge ordinary to whom the said Lybell and recovnention were Remitted The Judge ordinar within the shyre of Caithnes wher the fact Lybelled was committed and did and doe nowayes mean or intend any other Judge whatsoever And Ordaines the forsaid interloquitor to be helped understood so, and extracted accordingly.

Att Edinburgh The First day of January One Thousand seven Hundred and one years

D1701/1/31

Warrant

Warrand For helping the Interloquitor William Dunnet Against William Swanson and others

His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the interloquitor pronunced be his Grace and their Lordships upon the Lybell pursued before them upon the Tenth day of December Last by past at the instance of William Dunnat and John Bruce against William Swanstoune David Henderson and George Smith, Wherby They Remitted the said Lybell and reconventione at the defenders instance against the pursuers to be pursued and discust befor the Judge ordinary as accords cum onore expensarium to be payed by the defenders in case the pursuars in the principall Lybell shall prevaill which was stoped by the Lord high Commissioner and saids Lords of privy Councill Do hereby Declare That they did and doe mean by the Judge ordinary to whom the said Lybell and recovnention were Remitted The Judge ordinar within the shyre of Caithnes wher the fact Lybelled was committed and did and doe nowayes mean or intend any other Judge whatsoever And Ordaines the forsaid interloquitor to be helped understood so, and extracted accordingly.

1. NRS, PC2/28, 24v-25r.

1. NRS, PC2/28, 24v-25r.

Act, 1 January 1701, Edinburgh

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Att Edinburgh The First day of January One Thousand seven Hundred and one years

D1701/1/21

Act

Act The Earle of Argyll

Anent a Petition given in to his Majesties Commissioner and the Lords of his Majesties privy Councill be Archibald Earle of Argyll Shewing That upon a petitione presented to the Estates of parliament by the Duke of Gordon Craveing That Sir James Stewart his Majesties advocat and the other advocats therinnamed might be Ordained to appear for the officers of state and Kings donator, In the proces of Reduction raised against them by the petitioner and Creditors of the Marques of Argyle his Grandfather, It was left to his Grace his Majesties high Commissioner to determine whither or not the kings advocat should appear in the said proces for any of the said parties or for which of them It was humbly Represented that his Majesties advocat should be allowed to appear for the petitioner in the forsaid proces In regaird he has been Imployed for the petitioner in all his other concernes and what of his father or grandfathers affairs he hade occasion to take advise in Both before and since he hade the Character of his Majesties Advocat, and furder the Duke of Gordones intrest as donator is ren suam and is so far from being his Majesties particular concerne That it is both his Majesties and the Nationes intrest That Justice is done to the petitioner in the foresaid proces of judiciary by demonstrating to the world how groundless and Illegall the proceedings against the petitioners Grandfather were in the forsaid pretended process of Forfaulture And Therfore Humbly Craveing the said Lords would be pleased to allow and appoint his Majesties advocat to appear and plead for the petitioner in the forsaid proces of Reductione depending at his instance against the Duke of Gordon Seing he hath been all along advised and Consulted with this Aime as the said petitione bears His Majesties high Commissioner and Lords of his Majesties privy Councill Haveing Considered the above petitione given in to them by the above Earle of Argyll They have allowed and hereby Allowes his Majesties advocat and Leaves him to his Libertie to appear and plead for aither of the saids parties abovenamed or for neither of them as his Lordship shall think convenient

Att Edinburgh The First day of January One Thousand seven Hundred and one years

D1701/1/21

Act

Act The Earle of Argyll

Anent a Petition given in to his Majesties Commissioner and the Lords of his Majesties privy Councill be Archibald Earle of Argyll Shewing That upon a petitione presented to the Estates of parliament by the Duke of Gordon Craveing That Sir James Stewart his Majesties advocat and the other advocats therinnamed might be Ordained to appear for the officers of state and Kings donator, In the proces of Reduction raised against them by the petitioner and Creditors of the Marques of Argyle his Grandfather, It was left to his Grace his Majesties high Commissioner to determine whither or not the kings advocat should appear in the said proces for any of the said parties or for which of them It was humbly Represented that his Majesties advocat should be allowed to appear for the petitioner in the forsaid proces In regaird he has been Imployed for the petitioner in all his other concernes and what of his father or grandfathers affairs he hade occasion to take advise in Both before and since he hade the Character of his Majesties Advocat, and furder the Duke of Gordones intrest as donator is ren suam and is so far from being his Majesties particular concerne That it is both his Majesties and the Nationes intrest That Justice is done to the petitioner in the foresaid proces of judiciary by demonstrating to the world how groundless and Illegall the proceedings against the petitioners Grandfather were in the forsaid pretended process of Forfaulture And Therfore Humbly Craveing the said Lords would be pleased to allow and appoint his Majesties advocat to appear and plead for the petitioner in the forsaid proces of Reductione depending at his instance against the Duke of Gordon Seing he hath been all along advised and Consulted with this Aime as the said petitione bears His Majesties high Commissioner and Lords of his Majesties privy Councill Haveing Considered the above petitione given in to them by the above Earle of Argyll They have allowed and hereby Allowes his Majesties advocat and Leaves him to his Libertie to appear and plead for aither of the saids parties abovenamed or for neither of them as his Lordship shall think convenient

1. NRS, PC2/28, 24r-v.

1. NRS, PC2/28, 24r-v.

Sederunt, 1 January 1701, Edinburgh

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Att Edinburgh The First day of January One Thousand seven Hundred and one years1

D1701/1/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Galloway; Earl of Lothian; Earl of Lowdon; Earl Finlator; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Kintoir; Viscount Seafeild S; Viscount Tarbat; Lord Carmicheall S; Lord Forbes; Lord Ross; Lord Ruthven; Lord Boyle; Lord President of session; Lord Thesaurer Depute; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Mr Frances Montgomry; Laird of Grant

Att Edinburgh The First day of January One Thousand seven Hundred and one years1

D1701/1/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Galloway; Earl of Lothian; Earl of Lowdon; Earl Finlator; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Kintoir; Viscount Seafeild S; Viscount Tarbat; Lord Carmicheall S; Lord Forbes; Lord Ross; Lord Ruthven; Lord Boyle; Lord President of session; Lord Thesaurer Depute; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Mr Frances Montgomry; Laird of Grant

1. NRS, PC2/28, 24r.

2. NRS, PC2/28, 24r.

1. NRS, PC2/28, 24r.

2. NRS, PC2/28, 24r.

Act, 25 January 1700, Edinburgh

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Att Edinburgh The Twentie fifth day of January Jaj vic years

D1700/1/171

Act

Act Anent Archibald Cheisly Sone to Mr William Cheisly wryter

The Lords of his Majesties privy Councill haveing Considered a petition given in to them be Archibald Cheisly against Mr William Cheisly of Cockburne his father upon the Eleventh of January instant with the Answer made therto be his said father with the Testificats produced with the bill and paper produced with the said answers Togither with another petition given in by the said Archibald Cheisly upon the day and date hereof, They hereby give order and Warrant to the magistrats of Edinburgh and2 Baillies of the Cannogate and keeper of their Tolbooth To sett the petitioner at Libertie furth therof, In Respect before extracting hereof he has given bond and finding sufficient Cautione acted in the books of his Majesties privy Councill As in his power And that he has given his oath that he is not able to find better Cautione That he shall harmless and Skaithless keep his said father in the persone and goods and in the peaceable possessione of his Lands heritadges tackes Steading roomes and possessiones And that he shall be no wayes troubled or mollested be the said Archibald theruntill nor by no others of his Causing Sending hounding out Command resett assistance or Ratihabition whom he may Stopp or lett directly or indirectly from the day and date hereof in all time comeing Otherwayes then by order of Law and Justice Under the penaltie of ane thousand merks scots money Incase he shall faill or transgress in any part of the premisses.

Att Edinburgh The Twentie fifth day of January Jaj vic years

D1700/1/171

Act

Act Anent Archibald Cheisly Sone to Mr William Cheisly wryter

The Lords of his Majesties privy Councill haveing Considered a petition given in to them be Archibald Cheisly against Mr William Cheisly of Cockburne his father upon the Eleventh of January instant with the Answer made therto be his said father with the Testificats produced with the bill and paper produced with the said answers Togither with another petition given in by the said Archibald Cheisly upon the day and date hereof, They hereby give order and Warrant to the magistrats of Edinburgh and2 Baillies of the Cannogate and keeper of their Tolbooth To sett the petitioner at Libertie furth therof, In Respect before extracting hereof he has given bond and finding sufficient Cautione acted in the books of his Majesties privy Councill As in his power And that he has given his oath that he is not able to find better Cautione That he shall harmless and Skaithless keep his said father in the persone and goods and in the peaceable possessione of his Lands heritadges tackes Steading roomes and possessiones And that he shall be no wayes troubled or mollested be the said Archibald theruntill nor by no others of his Causing Sending hounding out Command resett assistance or Ratihabition whom he may Stopp or lett directly or indirectly from the day and date hereof in all time comeing Otherwayes then by order of Law and Justice Under the penaltie of ane thousand merks scots money Incase he shall faill or transgress in any part of the premisses.

1. NRS, PC2/27, 307v.

2. The word ‘Magistrats’ scored out here.

1. NRS, PC2/27, 307v.

2. The word ‘Magistrats’ scored out here.

Procedure: committee formed, 25 January 1700, Edinburgh

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Att Edinburgh The Twentie fifth day of January Jaj vic years

D1700/1/161

Procedure: committee formed

Committie anent the Glasswork at Leith

The Lords of his majesties privy Councill haveing heard a petitione given in to them be Alexander Aimsley merchant in Edinburgh for himself and Copartner in the Glasswork at Leith Read in their presence They hereby Nominat and appoint Earles of Lauderdale and Leven, Lord Ruthven Lord Advocat, Lords Thesaurer Depute and Justice Clerk to be a Committie for Considering the goodnes and Sufficiencie of the Glass botles and other Glasses made in the Grasswork2 at Leith And if they be sold as good and Cheap as the proclamatione and former acts of Councill made theranent preseiding this day doeth appoint, And Recommends to the said Committie to meet the morrow at ten in the forenoon and to the Councill with their Conveniencie and Declaires any thrie of the said Committie to be ane sufficient quorum, and in the mean time Allowes and authorizes the masters of the said Glasswork at Leith and such as they shall Imploy for that end to make search for and Seazure of any botles from abroad that shall be Imported Contrary to the said proclamatione and under the paines therin contained, And after the said Committies report Ordaines a new proclamation of the tenor of the former in October Jaj vic Eightie nyne to be printed and published of this dayes date.

Att Edinburgh The Twentie fifth day of January Jaj vic years

D1700/1/161

Procedure: committee formed

Committie anent the Glasswork at Leith

The Lords of his majesties privy Councill haveing heard a petitione given in to them be Alexander Aimsley merchant in Edinburgh for himself and Copartner in the Glasswork at Leith Read in their presence They hereby Nominat and appoint Earles of Lauderdale and Leven, Lord Ruthven Lord Advocat, Lords Thesaurer Depute and Justice Clerk to be a Committie for Considering the goodnes and Sufficiencie of the Glass botles and other Glasses made in the Grasswork2 at Leith And if they be sold as good and Cheap as the proclamatione and former acts of Councill made theranent preseiding this day doeth appoint, And Recommends to the said Committie to meet the morrow at ten in the forenoon and to the Councill with their Conveniencie and Declaires any thrie of the said Committie to be ane sufficient quorum, and in the mean time Allowes and authorizes the masters of the said Glasswork at Leith and such as they shall Imploy for that end to make search for and Seazure of any botles from abroad that shall be Imported Contrary to the said proclamatione and under the paines therin contained, And after the said Committies report Ordaines a new proclamation of the tenor of the former in October Jaj vic Eightie nyne to be printed and published of this dayes date.

1. NRS, PC2/27, 307r.

2. Sic.

1. NRS, PC2/27, 307r.

2. Sic.