Tag Archives: January

Sederunt, 25 January 1700, Edinburgh

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Att Edinburgh The Twentie fifth day of January Jaj vic years1

D1700/1/152

Sederunt

Lord Chancelor; Earl of Crafurd; Earl of Marr; Earl of Lauderdale; Earl of Lowdone; Earl of Leven; Earl of Anandale; Earl of Forfar; Viscount Tarbat; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Philiphaugh; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Laird of Stivensone

Att Edinburgh The Twentie fifth day of January Jaj vic years1

D1700/1/152

Sederunt

Lord Chancelor; Earl of Crafurd; Earl of Marr; Earl of Lauderdale; Earl of Lowdone; Earl of Leven; Earl of Anandale; Earl of Forfar; Viscount Tarbat; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Philiphaugh; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Laird of Stivensone

1. NRS, PC2/27, 307r.

2. NRS, PC2/27, 307r.

1. NRS, PC2/27, 307r.

2. NRS, PC2/27, 307r.

Act, 23 January 1700, Edinburgh

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Att Edinburgh the Twenty thrid day of January Jaj vic years

D1700/1/141

Act

Act ordaineing Walkinshaw and Andersone to Closse ther probationes

The Lords of his Majesties privy Councill haveing Considered a petitione given in to them be Allan Walkinshaw, They hereby Ordaine both the petitioner and William Anderson to closs their probation betwixt and that day eight dayes being the 30 January instant And Declared that they will advyse all the steps of the said probation upon the said day without farder delay and that they will admitt no more probation in the said premisses after that said day.

Att Edinburgh the Twenty thrid day of January Jaj vic years

D1700/1/141

Act

Act ordaineing Walkinshaw and Andersone to Closse ther probationes

The Lords of his Majesties privy Councill haveing Considered a petitione given in to them be Allan Walkinshaw, They hereby Ordaine both the petitioner and William Anderson to closs their probation betwixt and that day eight dayes being the 30 January instant And Declared that they will advyse all the steps of the said probation upon the said day without farder delay and that they will admitt no more probation in the said premisses after that said day.

1. NRS, PC2/27, 306v.

1. NRS, PC2/27, 306v.

Warrant, 23 January 1700, Edinburgh

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Att Edinburgh the Twenty thrid day of January Jaj vic years

D1700/1/131

Warrant

Warrant for delyvering up to Alexander Gibson ane backbond granted by My Lord Drumcairne to the Countes of Erroll

Anent the petition given in to the Lords of his Majesties privy Councill be David Viscount of Stormount Sheewing That the backbond Granted by the Lord Drumcairn the petitioners uncle to the Countess of Erroll relative to the bond of Sixtie Thousand pounds granted by the Earle of Southesk and Lord Carnegie to the Countes of Erroll and assigned by her to the said Lord Drumcairn being by the saids Lords order transmitted from London and put in Sir Gilbert Elliot their Lordships Clerks hands, And now in ane proces at the instance of Mr Robert Blackwood as assigney by the Lady Largo Legatrix in part to the said Countes of Erroll Depending before the Lords of Session Their Lordships Ordained the petitioner to produce the said backbond and other wrytes in the Clerk of proces his hands And Therfore humbly Supplicating the Saids Lords to the effect aftermentioned As the said petitione bears The Lords of His Majesties privy Councill Haveing Considered the above petitione given in to them by the above Viscount of Stormount, They hereby Give Order and Warrand to any of their Clerks to delyver up to Alexander Gibsone one of the Clerks of Councill and Session and Clerk to the above proces depending before their Lordships the above backbond granted be the said Lord Drumcairne to the now deceased Countess of Erroll, upon the said Alexander Gibsone his recept therof.

Att Edinburgh the Twenty thrid day of January Jaj vic years

D1700/1/131

Warrant

Warrant for delyvering up to Alexander Gibson ane backbond granted by My Lord Drumcairne to the Countes of Erroll

Anent the petition given in to the Lords of his Majesties privy Councill be David Viscount of Stormount Sheewing That the backbond Granted by the Lord Drumcairn the petitioners uncle to the Countess of Erroll relative to the bond of Sixtie Thousand pounds granted by the Earle of Southesk and Lord Carnegie to the Countes of Erroll and assigned by her to the said Lord Drumcairn being by the saids Lords order transmitted from London and put in Sir Gilbert Elliot their Lordships Clerks hands, And now in ane proces at the instance of Mr Robert Blackwood as assigney by the Lady Largo Legatrix in part to the said Countes of Erroll Depending before the Lords of Session Their Lordships Ordained the petitioner to produce the said backbond and other wrytes in the Clerk of proces his hands And Therfore humbly Supplicating the Saids Lords to the effect aftermentioned As the said petitione bears The Lords of His Majesties privy Councill Haveing Considered the above petitione given in to them by the above Viscount of Stormount, They hereby Give Order and Warrand to any of their Clerks to delyver up to Alexander Gibsone one of the Clerks of Councill and Session and Clerk to the above proces depending before their Lordships the above backbond granted be the said Lord Drumcairne to the now deceased Countess of Erroll, upon the said Alexander Gibsone his recept therof.

1. NRS, PC2/27, 306v.

1. NRS, PC2/27, 306v.

Decreet, 23 January 1700, Edinburgh

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Att Edinburgh the Twenty thrid day of January Jaj vic years

D1700/1/121

Decreet

Decreit Suspender James Sinclar Against Donald Gow

Anent our Soveraigne Lords Letters of Suspension raised at the Instance of James Sinclar brother to the Laird of Drumbeath, Androw Southerland in Howstrie, John and Alexander Mcinglasses Hew Mckie John McAngus, Alexander and John Gower William Gun and William Gun Taylor in Howstrie Making Mentione That wher the said James Sinclar suspender was Charged upon the fiftein day of September then Last by past Be vertue of the 2 Commissioners of Justiciary of the Highlands for the Northerne district their decreet recovered against the said Suspenders at the instance of Alexander Bean in Dalnaglatten Donald McAngus baine ther Donald McWilliam More Donald Gow in the feilds of Smarell and James Wiseman wryter in Elgine procurator Fiscall and Collector to the saids Commissioners To make payment to the said persones Chargers of the respective Soumes of money underwrittin Ilk ane of them for their oun parts in maner afterdivydit viz the said Alexander Bayne the Soume of Four Hundred merks Scots Item the said Donald Mcangus Baine Four Hundred and Fiftie merks Item to the said Donald Mcwilliamore Four Hundred merks And to the said Donald Gow Four hundreth and Fiftie merks as the damnadges sustained by them throw the saids suspenders Committing of the Crymes Lybelled against them, and alse to make payment to the said James Wiseman of the Soume of Two […] as the fine wherin the said James Sinclar Suspender was Decerned by the said Commissioners for the saids Crymes wherin he is alleadged to be found guilty as also to make payment to the said Donald Gow in Dalnaholl John Gun ther and remanent witnesses Amounting to the number of fiftein persones to ilk ane of them the Soume of Eight Shilling Sterling money for their expensses as witnesses As also the saids Commissioners have Caused arreist in the hands of John Southerland merchant in Elgine thrie horsses and all other goods belonging to the said James Sinclar while payment of the forsaid Soumes as the Coppie of Areistment produced to the saids Lords would testifie As Also have Decerned the said James Sinclar Suspender to remaine in prison untill he Should find Cautione to keep the peace to William Gunn Servitor to Langlands And the said Androw Southerland was charged to make payment to the said James Wiseman for the use of the saids Commissioners the Soume of Two hundred pounds Scots Item to the said Alexander and Donald Baynes Donald McWilliammore and Donald Gow of the soume of seventein hundred merks with a Tenth part more therof to the said James Wiseman as Collector forsaid Item to the said Donald and John Guns and remanent witnesses Amounting to the number of Fiftein to ilk ane of them the soume of Eight Shillings Sterling for their expensses as witnesses and that Immediatly before the said James Sinclar and Alexander Southerland their removeall out of Elgine prisone wher they now are as also the saids Commissioners by their Decreet Have intercomuned the saids John and Alexander Mcinglasses who were absent, And Decerned the said Hew Mckie and John Mcangus their Luggs to be nailled to the Tron, and that for their alleadged apprehending of the saids Alexander and Donald Baines and the other Chargers about two years Since, and binding them and Carieing them away bound and that for some moneths therafter for their comeing to the house of Donald Gow and takeing away from him thrie Cowes and a Calf and a horss As also by a decreet and Sentance of the Shirriff Court of Caithnes Holden by Hemprigs The said John and Alexander Mcinglasses and Alexander Gow in Strath of Dumbeath were denunced fugatives for not Compearance at the instance of the procurator Fiscall of that Court and the said Donald Gow most wrongeously and unjustly Considering It is of Verity Primo The Commissioners Committed iniquity In Repelling these Just objectiones against the witnesses That the Suspender hade not gott a list of their names with their Lybell as is provided by the act of parliament as also that they were the pursuers servants and so were not habite witnesses Secundo They Repelled this relevant defence as to the apprehending of McWilliamore Because it was done by Hemprigs order Shireff depute of Caithness and ane of the Commissioners The said Mcwilliamore being suspected for Stealling ane Ox from ane of Mr Sinclars tennents and was traced ex resenti to Mcwilliamors house, and Which order wes acknowledged by Hemprigs then present being one of the Commissioners, Tertio the fyneing of the said James Sinclar in Thrie Thousand merks was most extravagant and unjust for his alleadged being present when the said Donald Baine and the other pursuers were apprehended which wes all the Cryme that was Lybelled against him if the Samen hade been proven against him by habite witnesses as it was not, Quarto the Decerning him in Thretein hundred merks besides the fyne for pretended damnadges sustained by the pursuers were most unjust for all that was alleadged to be taken away was only thrie Cowes and a horss Wheras it was Imposible that the damnadges Sustained by takeing away So few goods could amount to Twenty pounds Scots Quinto the Commissioners Committed gross iniquity in Repelling this Just defence that the saids Cowes Calf and horss alleadged taken from the said Donald Gow were not his goods bot did properly belong to John Mcinglass and were given in Foddering to Alexander Gow father to the said Donald So that it was the height of injustice to make any of the Suspenders Lyable in a Crime for takeing back any of their oun goods As also the Commissioners Committed gross iniquity in Repelling This just defence that the Suspenders did not get a List of the assyssers delyvered to them with the indytment as wes provydit by the act of parliament Sexto as to the said Androw Southerlands fine of Thrie hundred merks It was most unjust Seing their was nothing proven against him bot only that he was present with the said James Sinclar his master And when he was Seeking after the goods Stollen and taken by the said Mcwilliamore from one of James Sinclars tennants as said is Septimo the Decreet and Sentance at the instance of the procurator Fiscall of Caithnes and Donald Gow against the said Alexander Gow his own father and John and Alexander Mcinglasses Declairing them fugatives ought to be Suspendit It being only in absence And the said Alexander Gow John and Alexander Mcinglasses being tennents to the said James Sinclar and dwalling upon his ground They were not lyable to answer to the said Shirriff and Justiciary Court Holden by Hemprigs Because by ane Decreet Arbitrall betwixt the Earle of Broadalbine Shirriff principall and Sinclar of Dumbeath The Earle of Broadalbine In Implement of a former Contract Is Decerned to Delyver to Dumbeath abond wherby the Earle of Oblidges him and his Successors in the Earledome or intrest of Caithnes and Jurisidction of Shirriffship and Justiciary ther That Upon every vaccancie of the saids offices, Whither by death Malversation Or otherwayes to delyver to Dumbeath and his Successors ane deputatione of the saids offices to any persone Dumbeath Shall name, So that Hemprigs not being named by Dumbeath Conforme to the decreet arbitrall, and the Earle of Brodalbiner Obligatione he hade no right to exerce the office of Shirriffshipe Or Justiciary Especially to Conveen or Judge any persone dwalling within Dumbeaths Lands, wherof the Lands belonging to the said James Sinclar are a part and Consequently the forsaid pretended Sentance Declareing the said Alexander Gow John and Alexander Mcinglass and fugatives Ought to be declared null and void And the treuth of the matter is that this hath been caried on by Hemprigs out of Meer Splen and Malice against the Said James Sinclar upon the account that he and the said Alexander Gow and John and Alexander Mcinglasses have raised a Complaint before the saids Lords of privy Councill against Hemprigs for many acts of oppression and injustice Committed by him and as a Convinceing evidence that all this hath been caried on by Hemprigs Against the said James Sinclar and his tennents Immediatly after the forsaid Sentance was Obtained Against the said James Sinclar Alexander Baine and the other persones at whose instance the Sentance was obtained Did assigne the Same to Hemprigs Nephew and sone in Law and would have produced the decreet which would have instructed the forsaids reasones of Suspensione In so farr as wes necessary to have been instructed Bot that the suspenders having Requyred William Sanders Clerk to the Commission to give them ane extract therof He absolutly refussed to doe the Samen as appeared by ane instrument produced As also the forsaid suspenders proponed the forsaid defences before the Commissioners, Which not only the most unjustly repelled Bot Likewayes they Refused to permitt the Clerk to instruct the same in the proces Upon which the Suspenders procurators took instruments in the Clerks hands And when the Suspenders procurators did requyre the said Clerk to give ane extract of the instrument He answered that the Commissioners expressly enjoyned him to give extracts of no instruments taken in face of Court bot of such as were insert in the proces, and they would Suffer nothing to be insert therin Bot what they pleased all which is verified by the forsaid instrument And therfore the forsaid decreet of the Commissioners of Justiciary and the decreet past by Hemprigs as Shirreff and Justiciar depute of Caithnes against the said Alexander Gow John and Alexander Mcinglasses Ought to be Suspendit And the said James Sinclar and Androw Southerland Sett at Libertie and the areistment forsaid ought to be Loused Nevertheless the said suspenders have found Sufficient Cautione acted in the books of privy Councill To make payment to the Chargers of the Soumes charged for Incase it should be found by the saids Lords that they ought so to doe at the dismissing hereof And Anent the Charge given to the fornamed persones. Chargers To have Compeared before the saids Lords at ane Certaine day by past to have brought with them the forsaid two pretended decreets grounds and warrands therof Wherupon the Samen proceeded To have bene Seen and Considered be the saids Lords And to have heard and seen the samen simpliciter Suspended And the Said Suspenders to be relaxed and Sett at Libertie as in the principall Litters of Suspension with the executiones therof more fully is Contained Which Suspension being upon the nynth day of January instant Called in presence of the saids Lords of his majesties privy Councill and petitione for the saids Chargers Being Read and the suspenders Compearing by Sir Patrick Home Mr David Cunninghame and Mr Francis Grant their advocats And the Chargers Compearing by Mr David Dalrymple Sir Patrick Home Mr William Carmicheall Mr David Forbes Mr Robert Frasser and William Black their advocats The saids Lords Declares they will hear both parties and their Lawiers upon the Suspension and Charge upon Thursday come eight dayes being the Eightein day of January Innstant peremptorie without farder delay, And Ordaines both parties and their Lawiers to attend the Councill the day forsaid to that effect And the said suspension being againne called in presence of the saids Lords of his Majesties privy Councill And the Said James Sinclair one of the Suspenders Compearing personally with Sir James Stewart his Majesties advocat Sir Patrick Home his Majesties Solicitor Sir James Cockburne Mr David Cuninghame, Mr James Mckenzie Mr Francis Grant Mr Thomas Weymes and Mr Adam Hepburne advocats for the haill Suspenders, and the said […] Dunbar of Hemprigs one of the saids Chargers Compearing personally with Sir Alexander and Sir Androw Homes Mr David Dalrymple Mr William Calderwood Mr David Forbes Mr John Murray and Mr William Carmicheall and Mr Robert Fraser their advocats The Saids Lords Haveing Considered the Decreet or extract of the proces Charged on And haveing heard both parties Lawiers at full Lenth They have Suspended and hereby Suspends the decreet Charged on Simpliciter upon the said Suspenders in all time comeing.

Att Edinburgh the Twenty thrid day of January Jaj vic years

D1700/1/121

Decreet

Decreit Suspender James Sinclar Against Donald Gow

Anent our Soveraigne Lords Letters of Suspension raised at the Instance of James Sinclar brother to the Laird of Drumbeath, Androw Southerland in Howstrie, John and Alexander Mcinglasses Hew Mckie John McAngus, Alexander and John Gower William Gun and William Gun Taylor in Howstrie Making Mentione That wher the said James Sinclar suspender was Charged upon the fiftein day of September then Last by past Be vertue of the 2 Commissioners of Justiciary of the Highlands for the Northerne district their decreet recovered against the said Suspenders at the instance of Alexander Bean in Dalnaglatten Donald McAngus baine ther Donald McWilliam More Donald Gow in the feilds of Smarell and James Wiseman wryter in Elgine procurator Fiscall and Collector to the saids Commissioners To make payment to the said persones Chargers of the respective Soumes of money underwrittin Ilk ane of them for their oun parts in maner afterdivydit viz the said Alexander Bayne the Soume of Four Hundred merks Scots Item the said Donald Mcangus Baine Four Hundred and Fiftie merks Item to the said Donald Mcwilliamore Four Hundred merks And to the said Donald Gow Four hundreth and Fiftie merks as the damnadges sustained by them throw the saids suspenders Committing of the Crymes Lybelled against them, and alse to make payment to the said James Wiseman of the Soume of Two […] as the fine wherin the said James Sinclar Suspender was Decerned by the said Commissioners for the saids Crymes wherin he is alleadged to be found guilty as also to make payment to the said Donald Gow in Dalnaholl John Gun ther and remanent witnesses Amounting to the number of fiftein persones to ilk ane of them the Soume of Eight Shilling Sterling money for their expensses as witnesses As also the saids Commissioners have Caused arreist in the hands of John Southerland merchant in Elgine thrie horsses and all other goods belonging to the said James Sinclar while payment of the forsaid Soumes as the Coppie of Areistment produced to the saids Lords would testifie As Also have Decerned the said James Sinclar Suspender to remaine in prison untill he Should find Cautione to keep the peace to William Gunn Servitor to Langlands And the said Androw Southerland was charged to make payment to the said James Wiseman for the use of the saids Commissioners the Soume of Two hundred pounds Scots Item to the said Alexander and Donald Baynes Donald McWilliammore and Donald Gow of the soume of seventein hundred merks with a Tenth part more therof to the said James Wiseman as Collector forsaid Item to the said Donald and John Guns and remanent witnesses Amounting to the number of Fiftein to ilk ane of them the soume of Eight Shillings Sterling for their expensses as witnesses and that Immediatly before the said James Sinclar and Alexander Southerland their removeall out of Elgine prisone wher they now are as also the saids Commissioners by their Decreet Have intercomuned the saids John and Alexander Mcinglasses who were absent, And Decerned the said Hew Mckie and John Mcangus their Luggs to be nailled to the Tron, and that for their alleadged apprehending of the saids Alexander and Donald Baines and the other Chargers about two years Since, and binding them and Carieing them away bound and that for some moneths therafter for their comeing to the house of Donald Gow and takeing away from him thrie Cowes and a Calf and a horss As also by a decreet and Sentance of the Shirriff Court of Caithnes Holden by Hemprigs The said John and Alexander Mcinglasses and Alexander Gow in Strath of Dumbeath were denunced fugatives for not Compearance at the instance of the procurator Fiscall of that Court and the said Donald Gow most wrongeously and unjustly Considering It is of Verity Primo The Commissioners Committed iniquity In Repelling these Just objectiones against the witnesses That the Suspender hade not gott a list of their names with their Lybell as is provided by the act of parliament as also that they were the pursuers servants and so were not habite witnesses Secundo They Repelled this relevant defence as to the apprehending of McWilliamore Because it was done by Hemprigs order Shireff depute of Caithness and ane of the Commissioners The said Mcwilliamore being suspected for Stealling ane Ox from ane of Mr Sinclars tennents and was traced ex resenti to Mcwilliamors house, and Which order wes acknowledged by Hemprigs then present being one of the Commissioners, Tertio the fyneing of the said James Sinclar in Thrie Thousand merks was most extravagant and unjust for his alleadged being present when the said Donald Baine and the other pursuers were apprehended which wes all the Cryme that was Lybelled against him if the Samen hade been proven against him by habite witnesses as it was not, Quarto the Decerning him in Thretein hundred merks besides the fyne for pretended damnadges sustained by the pursuers were most unjust for all that was alleadged to be taken away was only thrie Cowes and a horss Wheras it was Imposible that the damnadges Sustained by takeing away So few goods could amount to Twenty pounds Scots Quinto the Commissioners Committed gross iniquity in Repelling this Just defence that the saids Cowes Calf and horss alleadged taken from the said Donald Gow were not his goods bot did properly belong to John Mcinglass and were given in Foddering to Alexander Gow father to the said Donald So that it was the height of injustice to make any of the Suspenders Lyable in a Crime for takeing back any of their oun goods As also the Commissioners Committed gross iniquity in Repelling This just defence that the Suspenders did not get a List of the assyssers delyvered to them with the indytment as wes provydit by the act of parliament Sexto as to the said Androw Southerlands fine of Thrie hundred merks It was most unjust Seing their was nothing proven against him bot only that he was present with the said James Sinclar his master And when he was Seeking after the goods Stollen and taken by the said Mcwilliamore from one of James Sinclars tennants as said is Septimo the Decreet and Sentance at the instance of the procurator Fiscall of Caithnes and Donald Gow against the said Alexander Gow his own father and John and Alexander Mcinglasses Declairing them fugatives ought to be Suspendit It being only in absence And the said Alexander Gow John and Alexander Mcinglasses being tennents to the said James Sinclar and dwalling upon his ground They were not lyable to answer to the said Shirriff and Justiciary Court Holden by Hemprigs Because by ane Decreet Arbitrall betwixt the Earle of Broadalbine Shirriff principall and Sinclar of Dumbeath The Earle of Broadalbine In Implement of a former Contract Is Decerned to Delyver to Dumbeath abond wherby the Earle of Oblidges him and his Successors in the Earledome or intrest of Caithnes and Jurisidction of Shirriffship and Justiciary ther That Upon every vaccancie of the saids offices, Whither by death Malversation Or otherwayes to delyver to Dumbeath and his Successors ane deputatione of the saids offices to any persone Dumbeath Shall name, So that Hemprigs not being named by Dumbeath Conforme to the decreet arbitrall, and the Earle of Brodalbiner Obligatione he hade no right to exerce the office of Shirriffshipe Or Justiciary Especially to Conveen or Judge any persone dwalling within Dumbeaths Lands, wherof the Lands belonging to the said James Sinclar are a part and Consequently the forsaid pretended Sentance Declareing the said Alexander Gow John and Alexander Mcinglass and fugatives Ought to be declared null and void And the treuth of the matter is that this hath been caried on by Hemprigs out of Meer Splen and Malice against the Said James Sinclar upon the account that he and the said Alexander Gow and John and Alexander Mcinglasses have raised a Complaint before the saids Lords of privy Councill against Hemprigs for many acts of oppression and injustice Committed by him and as a Convinceing evidence that all this hath been caried on by Hemprigs Against the said James Sinclar and his tennents Immediatly after the forsaid Sentance was Obtained Against the said James Sinclar Alexander Baine and the other persones at whose instance the Sentance was obtained Did assigne the Same to Hemprigs Nephew and sone in Law and would have produced the decreet which would have instructed the forsaids reasones of Suspensione In so farr as wes necessary to have been instructed Bot that the suspenders having Requyred William Sanders Clerk to the Commission to give them ane extract therof He absolutly refussed to doe the Samen as appeared by ane instrument produced As also the forsaid suspenders proponed the forsaid defences before the Commissioners, Which not only the most unjustly repelled Bot Likewayes they Refused to permitt the Clerk to instruct the same in the proces Upon which the Suspenders procurators took instruments in the Clerks hands And when the Suspenders procurators did requyre the said Clerk to give ane extract of the instrument He answered that the Commissioners expressly enjoyned him to give extracts of no instruments taken in face of Court bot of such as were insert in the proces, and they would Suffer nothing to be insert therin Bot what they pleased all which is verified by the forsaid instrument And therfore the forsaid decreet of the Commissioners of Justiciary and the decreet past by Hemprigs as Shirreff and Justiciar depute of Caithnes against the said Alexander Gow John and Alexander Mcinglasses Ought to be Suspendit And the said James Sinclar and Androw Southerland Sett at Libertie and the areistment forsaid ought to be Loused Nevertheless the said suspenders have found Sufficient Cautione acted in the books of privy Councill To make payment to the Chargers of the Soumes charged for Incase it should be found by the saids Lords that they ought so to doe at the dismissing hereof And Anent the Charge given to the fornamed persones. Chargers To have Compeared before the saids Lords at ane Certaine day by past to have brought with them the forsaid two pretended decreets grounds and warrands therof Wherupon the Samen proceeded To have bene Seen and Considered be the saids Lords And to have heard and seen the samen simpliciter Suspended And the Said Suspenders to be relaxed and Sett at Libertie as in the principall Litters of Suspension with the executiones therof more fully is Contained Which Suspension being upon the nynth day of January instant Called in presence of the saids Lords of his majesties privy Councill and petitione for the saids Chargers Being Read and the suspenders Compearing by Sir Patrick Home Mr David Cunninghame and Mr Francis Grant their advocats And the Chargers Compearing by Mr David Dalrymple Sir Patrick Home Mr William Carmicheall Mr David Forbes Mr Robert Frasser and William Black their advocats The saids Lords Declares they will hear both parties and their Lawiers upon the Suspension and Charge upon Thursday come eight dayes being the Eightein day of January Innstant peremptorie without farder delay, And Ordaines both parties and their Lawiers to attend the Councill the day forsaid to that effect And the said suspension being againne called in presence of the saids Lords of his Majesties privy Councill And the Said James Sinclair one of the Suspenders Compearing personally with Sir James Stewart his Majesties advocat Sir Patrick Home his Majesties Solicitor Sir James Cockburne Mr David Cuninghame, Mr James Mckenzie Mr Francis Grant Mr Thomas Weymes and Mr Adam Hepburne advocats for the haill Suspenders, and the said […] Dunbar of Hemprigs one of the saids Chargers Compearing personally with Sir Alexander and Sir Androw Homes Mr David Dalrymple Mr William Calderwood Mr David Forbes Mr John Murray and Mr William Carmicheall and Mr Robert Fraser their advocats The Saids Lords Haveing Considered the Decreet or extract of the proces Charged on And haveing heard both parties Lawiers at full Lenth They have Suspended and hereby Suspends the decreet Charged on Simpliciter upon the said Suspenders in all time comeing.

1. NRS, PC2/27, 302r-306r.

2. The word ‘saids’ scored out here.

1. NRS, PC2/27, 302r-306r.

2. The word ‘saids’ scored out here.

Sederunt, 23 January 1700, Edinburgh

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Att Edinburgh the Twenty thrid day of January Jaj vic years1

D1700/1/112

Sederunt

Lord Chancelor; Earl of Crafurd; Earl of Marr; Earl of Lauderdale; Earl of Lowdone; Earl of Annandale; Earl of Forfar; Viscount Tarbat; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Laird of Stivensone

Att Edinburgh the Twenty thrid day of January Jaj vic years1

D1700/1/112

Sederunt

Lord Chancelor; Earl of Crafurd; Earl of Marr; Earl of Lauderdale; Earl of Lowdone; Earl of Annandale; Earl of Forfar; Viscount Tarbat; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Laird of Stivensone

1. NRS, PC2/27, 302r.

2. NRS, PC2/27, 301r-302r.

1. NRS, PC2/27, 302r.

2. NRS, PC2/27, 301r-302r.

Act, 18 January 1700, Edinburgh

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Att Edinburgh the Eighteen day of January one thousand seven hundred years

D1700/1/101

Act

Act Newton and Nynwells to gett up their papers from the Clerks

Anent a petition given in to the Lords of his Majesties privy Councill be David Falconar of Newtoune and Joseph Home of Nynwalls and their Curators Shewing That wher the deceast John Home of Nynwalls haveing been tutor dative to him the said David for severall years dureing which time he recided and Lived in the petitioners house of Inglish made and made use of a Cabinet for keeping his wrytes and particularly the instructiones and accompts of his intromissiones with his estate and the said Cabinet being by warrant of the Lord Chancelor brought up to Edinburgh and Consigned in the saids Lords Clerks hands, The saids Lords did by their act the Thretein of January Jaj vic nyntie six Ordaine the said Cabinet to be opned at the sight of the Lord Fountonhall and the papers to be inventared And to be given up to such of the petitioners as they should be found to belong to, upon theirs and their Curators recepts, And accordingly My Lord Fountonhall to whom it was Remitted and conforme to the said act Caused open the said Cabinet and Inventar the papers at the Sight of the petitioners freinds and ther being severall of the saids wrytes and papers which very much Contribute to Clear the Compt and reckoning betwixt the petitioners depending before the session and that ther are principall papers therin belonging to the said David Falconar Which Nynewalls was willing she should be given up to the petitioners Curators upon his recept, had Likewayes ane old Watch which the petitioners Curator was willing to oblidge himself to make furthcomeing to any who should be found to have right therto 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 David Falconar of Newtoune and Joseph Home of Nynwalls They hereby Give Order and Warrand to their Clerks in whose Custody the above Cabinet and papers are Consigned to Delyver up to Nynholls and his Curators such of the above papers as doe belong to him, And particularly the accompts and instructiones therof abovewryten upon the Inventar and recept And Likewayes allowes the above Cabinet And such papers as belong to Newtoune to be delyvered up to his Curator to be keepd by him for Newtoune the petitioners use, And the said Gold Watch to be delyvered to the said Newtouns Curator upon his recept and oblidgment to make the Same furthcomeing to any who Shall be found to have right therto And appoints the above interloquitor to be Obeyed and fullfilled at sight of the Lord Aberurchill.

Att Edinburgh the Eighteen day of January one thousand seven hundred years

D1700/1/101

Act

Act Newton and Nynwells to gett up their papers from the Clerks

Anent a petition given in to the Lords of his Majesties privy Councill be David Falconar of Newtoune and Joseph Home of Nynwalls and their Curators Shewing That wher the deceast John Home of Nynwalls haveing been tutor dative to him the said David for severall years dureing which time he recided and Lived in the petitioners house of Inglish made and made use of a Cabinet for keeping his wrytes and particularly the instructiones and accompts of his intromissiones with his estate and the said Cabinet being by warrant of the Lord Chancelor brought up to Edinburgh and Consigned in the saids Lords Clerks hands, The saids Lords did by their act the Thretein of January Jaj vic nyntie six Ordaine the said Cabinet to be opned at the sight of the Lord Fountonhall and the papers to be inventared And to be given up to such of the petitioners as they should be found to belong to, upon theirs and their Curators recepts, And accordingly My Lord Fountonhall to whom it was Remitted and conforme to the said act Caused open the said Cabinet and Inventar the papers at the Sight of the petitioners freinds and ther being severall of the saids wrytes and papers which very much Contribute to Clear the Compt and reckoning betwixt the petitioners depending before the session and that ther are principall papers therin belonging to the said David Falconar Which Nynewalls was willing she should be given up to the petitioners Curators upon his recept, had Likewayes ane old Watch which the petitioners Curator was willing to oblidge himself to make furthcomeing to any who should be found to have right therto 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 David Falconar of Newtoune and Joseph Home of Nynwalls They hereby Give Order and Warrand to their Clerks in whose Custody the above Cabinet and papers are Consigned to Delyver up to Nynholls and his Curators such of the above papers as doe belong to him, And particularly the accompts and instructiones therof abovewryten upon the Inventar and recept And Likewayes allowes the above Cabinet And such papers as belong to Newtoune to be delyvered up to his Curator to be keepd by him for Newtoune the petitioners use, And the said Gold Watch to be delyvered to the said Newtouns Curator upon his recept and oblidgment to make the Same furthcomeing to any who Shall be found to have right therto And appoints the above interloquitor to be Obeyed and fullfilled at sight of the Lord Aberurchill.

1. NRS, PC2/27, 301r-302r.

1. NRS, PC2/27, 301r-302r.

Sederunt, 18 January 1700, Edinburgh

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Att Edinburgh the Eighteen day of January one thousand seven hundred years1

D1700/1/92

Sederunt

Lord Chancelor; Earl of Marr; Earl of Lothian; Earl of Lowdone; Viscount Tarbat; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomrie; Laird of Stivensone

Att Edinburgh the Eighteen day of January one thousand seven hundred years1

D1700/1/92

Sederunt

Lord Chancelor; Earl of Marr; Earl of Lothian; Earl of Lowdone; Viscount Tarbat; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomrie; Laird of Stivensone

1. NRS, PC2/27, 301r.

2. NRS, PC2/27, 301r.

1. NRS, PC2/27, 301r.

2. NRS, PC2/27, 301r.

Act, 11 January 1700, Edinburgh

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Att Edinburgh the Eleventh day of January One thousand and seven hunred

D1700/1/81

Act

Act Gerard Hither Dutch skiper

Anent a Petition given in to the Lords of his Majesties privy Councill be Gerrid Hidder master of a Dutch ship Shewing That wher the petitioner being upon ane voage Loaden from Riga belonging to the King of Swedden To the port of Rashfoord in France And in the said voyage haveing mett with great Stormes and Contrair winds which occasioned the petitioners ship to become verie Leikie and to take in Much watter and for safity of the petitioner and Company and Ship and goods The Harbour of Leith being the nearest port which the petitioner could saile with wind as it blew, The petitioner came ther with his Ship for repairing of her, And the samen being done, and the petitioner reedy to saile for Rochfoord the port to which the petitioner was frauchted He was Stopped at Leith by the Collector of the Tunnage untill he payed the Tunnage to him for his said Shipp Conforme to the act of parliament And the act of parliament being only appointed For shipps tradeing to Scotland, Bot nowayes for any ship put into any harbour in the said kingdome upon the accompt forsaid, For it Cannot be Imadgined that this would be the meaning of the act of parliament that such Ships as the petitioners Should be Lyable to Tunnage, Considering that by the Lawes and Customes of all nations That in Such cases all Such Skippers are friendly and kyndlie intertained without exacting any such dues yea be the Lawes and Customes of Nationes any Such Skipper comeing into a port for repairing of his shipp as said is, And if he have not any accquantance or Credit at that port to gett money upon Bottomrie, He may very warrantably break Bulk, and sell as much of the loadening as will repair and fitt out his Shipp, and be the Law and Custome of Nations The said Skipper albeit he break bulk is only oblidged to pay the dutie for the saids goods sold for the use forsaid, and not for the whole Loading as used in Shipps of ordinary treading to this or any other kingdome or Commonwealth And Therfore Humbly Craveing the saids Lords would be pleased To discharge the said Collector of the Tunnadge to Stope the petitioner from Sailing from the port of Leith and to discharge him to exact any Tunnage from the petitioner and that conforme to the Lawes and Customes of all nationes as the said ptitione bears The Lords of his Majesties Privy Councill Haveing heard this petitione given in to them be the above Gerrid Hidder Read in their presence, They hereby Remitt to Sir James Stewart his Majesties advocat to speak with the Collector of the Tunnage and appoints the said Collector to attend his Lordship or the maccers of Councill to bring him before his Lordship and to try at him if the said petitioner has broken bulk for any other Cause then for what was necessary for repairatione of his shipp and Mantinance of himself and Company, And if his Lordship find that he has brocken bulk upon no other accompt Gives power and authority to the said Lord advocat To grant warrand to the petitioner to saile from Scotland to his designed port and without and free of payment of any Tunnage.

Att Edinburgh the Eleventh day of January One thousand and seven hunred

D1700/1/81

Act

Act Gerard Hither Dutch skiper

Anent a Petition given in to the Lords of his Majesties privy Councill be Gerrid Hidder master of a Dutch ship Shewing That wher the petitioner being upon ane voage Loaden from Riga belonging to the King of Swedden To the port of Rashfoord in France And in the said voyage haveing mett with great Stormes and Contrair winds which occasioned the petitioners ship to become verie Leikie and to take in Much watter and for safity of the petitioner and Company and Ship and goods The Harbour of Leith being the nearest port which the petitioner could saile with wind as it blew, The petitioner came ther with his Ship for repairing of her, And the samen being done, and the petitioner reedy to saile for Rochfoord the port to which the petitioner was frauchted He was Stopped at Leith by the Collector of the Tunnage untill he payed the Tunnage to him for his said Shipp Conforme to the act of parliament And the act of parliament being only appointed For shipps tradeing to Scotland, Bot nowayes for any ship put into any harbour in the said kingdome upon the accompt forsaid, For it Cannot be Imadgined that this would be the meaning of the act of parliament that such Ships as the petitioners Should be Lyable to Tunnage, Considering that by the Lawes and Customes of all nations That in Such cases all Such Skippers are friendly and kyndlie intertained without exacting any such dues yea be the Lawes and Customes of Nationes any Such Skipper comeing into a port for repairing of his shipp as said is, And if he have not any accquantance or Credit at that port to gett money upon Bottomrie, He may very warrantably break Bulk, and sell as much of the loadening as will repair and fitt out his Shipp, and be the Law and Custome of Nations The said Skipper albeit he break bulk is only oblidged to pay the dutie for the saids goods sold for the use forsaid, and not for the whole Loading as used in Shipps of ordinary treading to this or any other kingdome or Commonwealth And Therfore Humbly Craveing the saids Lords would be pleased To discharge the said Collector of the Tunnadge to Stope the petitioner from Sailing from the port of Leith and to discharge him to exact any Tunnage from the petitioner and that conforme to the Lawes and Customes of all nationes as the said ptitione bears The Lords of his Majesties Privy Councill Haveing heard this petitione given in to them be the above Gerrid Hidder Read in their presence, They hereby Remitt to Sir James Stewart his Majesties advocat to speak with the Collector of the Tunnage and appoints the said Collector to attend his Lordship or the maccers of Councill to bring him before his Lordship and to try at him if the said petitioner has broken bulk for any other Cause then for what was necessary for repairatione of his shipp and Mantinance of himself and Company, And if his Lordship find that he has brocken bulk upon no other accompt Gives power and authority to the said Lord advocat To grant warrand to the petitioner to saile from Scotland to his designed port and without and free of payment of any Tunnage.

1. NRS, PC2/27, 299v-301r.

1. NRS, PC2/27, 299v-301r.

Sederunt, 11 January 1700, Edinburgh

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Att Edinburgh the Eleventh day of January One thousand and seven hunred1

D1700/1/72

Sederunt

Lord Chancelor; Earl of Lauderdale; Earl of Lowdone; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Advocat; Lord Thesaurer Deput; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Rankeillor; Mr Fra: Montgomry; Laird of Stivenson

Att Edinburgh the Eleventh day of January One thousand and seven hunred1

D1700/1/72

Sederunt

Lord Chancelor; Earl of Lauderdale; Earl of Lowdone; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Advocat; Lord Thesaurer Deput; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Rankeillor; Mr Fra: Montgomry; Laird of Stivenson

1. NRS, PC2/27, 300r.

2. NRS, PC2/27, 298v-299v.

1. NRS, PC2/27, 300r.

2. NRS, PC2/27, 298v-299v.

Act, 9 January 1700, Edinburgh

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Att Edinburgh the Nynth day of January One thousand Seven hundred years

D1700/1/61

Act

Act William Anderson against John Crafurd agent for Roscoby

Anent the petition given in to the Lords of his Majesties privy Councill be William Andersone later Dean of Gild of Dumermling Shewing That in the proces depending before the saids Lords at the petitioners instance Against Allan Walkinshaw for the highneous Ryot and Manifold oppressions Committed by him against the petitioner of sett purpose and designe to reduce him to beggery by Screwing up a pretended debt against the petitioner for a farr greater Soume then ever the petitioner was due And Compelling the petitioenr to acknowledge the Same, For accomplishing of which wicked designe of his he took this most oppressive and Sinistreous methode amongst severall others, First gave order to James Muttray his attorny as he is designed in the executione produced by Walkinshaw himself to Seaze all the petitioners wrytes and papers under pretence of poynding the petitioners houshold goods, and in the nixt places least any of the petitioners papers might have Escaped their Malicious hands at the said pretended poynding they broke open the petitioners Latron and Cabinet and Suffered the petitioners wrytes and other papers to be dispersed and Scattered in the house upon the Stairs and Streets ther to be trampled upon torne and Caried away at the pleasure of all Comers and gangers, Which is not only clearly proven by the depositiones of severall witnesses taken before the Committie of the saids Lords number, Bot also that Walkinshaw himself and his agent produced before the petitioner in prisoner in the Cannogate Tolbooth at their instance severall bonds and other principall wrytes of the petitioners Which they hade most unwarrantably Seazed upon in maner forsaid, and their forced the petitioner to dispone the same to Walkinshaw And albeit the petitioner could have made it appear by discharges and other Documents in wryt that all the debt the petitioner was owing to Walkinshaw was not above Fiftie fyve pounds Sterling if the petitioners papers hade not been Imbazled in maner forsaid, And yet the petitioner was able to prove by witnesses above all exception that Walkinshaw acknowledged the same with the great Imprecationes upon himself if it was more according as the petitioner hade Lybelled But that the Committie demurr to examine witnesses upon this point of the petitioners Lybell untill they Imbazleing of the petitioners papers were proven And the saids Lords acquainted therwith Which is now fully and clearly done seing then that Walkinshawes Letter to Moultrey are in the hands of John Crafurd wryter his Agent And that Moultrey himself being cited as a witnes went away before his oath was Concluded, As also that the petitioner hade Clearly proven how the petitioners papers hade been Imbazled wherby it was absolutely necessary the witnesses be examined as to the forsaid point of the petitioners Lybell for Clearing how greivously the petitioenr hade been wronged and oppressed by Walkinshaw and Likewayes that he might not reap such unjust advantadge by his oun fraud and oppression And Therfore humbly Craveing the saids Lords would be pleased To ordaine the said John Crafurd Agent for Moultrey to exhibit and produce the Letters in the Clerks hands directed by Walkinshaw to him for seazing and Imbazleing the petitioners papers As Likewayes Grant Warrand to Seize and apprehend the said Multrey that he might come here and answer such Interrogators as should be put to him in the said matter before his oath be Concludit And in the mean time to allow the Comittie to take the Oathes and depositiones of the witnesses already cited upon the forsaid point of the Lybell against Walkinshaw As the said petition bears, The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above William Andersone and another by Allan Walkinshaw by way of answers therto They hereby Ordaine the above John Crafurd mentioned in Andersones bill Agent for Murray of Roscobie to exhibit and produce the Letters in the Clerks hands directed by Walkinshaw to Moultray of Roscoby for seazing and Imbazleing of Andersones papers, And Likewayes Grants Warrand to maccers of privy Councill or messengers at armes to seaze and apprehend the persone of the said Moultrey of Roscoby untill he Compear before the Committie appointed in the above process, and answer to such Interogators as shall be put to him in the above matter, And in the mean time delayes answers to the takeing the oathes and depositiones of the witnesses already cited upon the above point of the Lybell against Walkinshaw as to his acknowledging the quota of the debt is

Att Edinburgh the Nynth day of January One thousand Seven hundred years

D1700/1/61

Act

Act William Anderson against John Crafurd agent for Roscoby

Anent the petition given in to the Lords of his Majesties privy Councill be William Andersone later Dean of Gild of Dumermling Shewing That in the proces depending before the saids Lords at the petitioners instance Against Allan Walkinshaw for the highneous Ryot and Manifold oppressions Committed by him against the petitioner of sett purpose and designe to reduce him to beggery by Screwing up a pretended debt against the petitioner for a farr greater Soume then ever the petitioner was due And Compelling the petitioenr to acknowledge the Same, For accomplishing of which wicked designe of his he took this most oppressive and Sinistreous methode amongst severall others, First gave order to James Muttray his attorny as he is designed in the executione produced by Walkinshaw himself to Seaze all the petitioners wrytes and papers under pretence of poynding the petitioners houshold goods, and in the nixt places least any of the petitioners papers might have Escaped their Malicious hands at the said pretended poynding they broke open the petitioners Latron and Cabinet and Suffered the petitioners wrytes and other papers to be dispersed and Scattered in the house upon the Stairs and Streets ther to be trampled upon torne and Caried away at the pleasure of all Comers and gangers, Which is not only clearly proven by the depositiones of severall witnesses taken before the Committie of the saids Lords number, Bot also that Walkinshaw himself and his agent produced before the petitioner in prisoner in the Cannogate Tolbooth at their instance severall bonds and other principall wrytes of the petitioners Which they hade most unwarrantably Seazed upon in maner forsaid, and their forced the petitioner to dispone the same to Walkinshaw And albeit the petitioner could have made it appear by discharges and other Documents in wryt that all the debt the petitioner was owing to Walkinshaw was not above Fiftie fyve pounds Sterling if the petitioners papers hade not been Imbazled in maner forsaid, And yet the petitioner was able to prove by witnesses above all exception that Walkinshaw acknowledged the same with the great Imprecationes upon himself if it was more according as the petitioner hade Lybelled But that the Committie demurr to examine witnesses upon this point of the petitioners Lybell untill they Imbazleing of the petitioners papers were proven And the saids Lords acquainted therwith Which is now fully and clearly done seing then that Walkinshawes Letter to Moultrey are in the hands of John Crafurd wryter his Agent And that Moultrey himself being cited as a witnes went away before his oath was Concluded, As also that the petitioner hade Clearly proven how the petitioners papers hade been Imbazled wherby it was absolutely necessary the witnesses be examined as to the forsaid point of the petitioners Lybell for Clearing how greivously the petitioenr hade been wronged and oppressed by Walkinshaw and Likewayes that he might not reap such unjust advantadge by his oun fraud and oppression And Therfore humbly Craveing the saids Lords would be pleased To ordaine the said John Crafurd Agent for Moultrey to exhibit and produce the Letters in the Clerks hands directed by Walkinshaw to him for seazing and Imbazleing the petitioners papers As Likewayes Grant Warrand to Seize and apprehend the said Multrey that he might come here and answer such Interrogators as should be put to him in the said matter before his oath be Concludit And in the mean time to allow the Comittie to take the Oathes and depositiones of the witnesses already cited upon the forsaid point of the Lybell against Walkinshaw As the said petition bears, The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above William Andersone and another by Allan Walkinshaw by way of answers therto They hereby Ordaine the above John Crafurd mentioned in Andersones bill Agent for Murray of Roscobie to exhibit and produce the Letters in the Clerks hands directed by Walkinshaw to Moultray of Roscoby for seazing and Imbazleing of Andersones papers, And Likewayes Grants Warrand to maccers of privy Councill or messengers at armes to seaze and apprehend the persone of the said Moultrey of Roscoby untill he Compear before the Committie appointed in the above process, and answer to such Interogators as shall be put to him in the above matter, And in the mean time delayes answers to the takeing the oathes and depositiones of the witnesses already cited upon the above point of the Lybell against Walkinshaw as to his acknowledging the quota of the debt is

1. NRS, PC2/27, 298v-299v.

1. NRS, PC2/27, 298v-299v.