D1700/1/5
D1700/1/52
Sederunt
Lord Chancelor; Earl of Crafurd; Earl of Lauderdale; Earl of Lowdoune; Earl of Leven; Earl of Anandale; Viscount Tarbat; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Crossrig; Lord Rankeillor; Mr Fra: Montgomry; Laird of Stivenson; Provest of Edinburgh
1. NRS, PC2/27, 298r.
2. NRS, PC2/27, 298r.
1. NRS, PC2/27, 298r.
2. NRS, PC2/27, 298r.
D1700/1/4
D1700/1/41
Decreet
Anent Our Soveraigne Lords Letters of Suspensione purchased and raised before the Lords of his Majesties privy Councill at the Instance of James Campbell portioner of Edinample Makeing Mention That Wher John Findlason Taylor in Doon has upon his pretended maner raised other Letters and therwith Caused Charge the said suspender to make payment to him of the soume of Thrie hundreth sixtie nyne pounds Eleven Shilling Eleven penies Scots money of principall and Four hundred marks of damnadges and expensses specified and Contained at his instance against Jannet Ogilvie relict of Thomas Ogilvie in Apser of Ednample and the said suspender her master and Land Lord for his intrest Conjunctllie and Severallie before the Commissioners of Justiciary of the Midle district appointed for setling and secureing the peace in the Highlands upon the Eight day of July last, Likeas Hary Buchanan younger of Leimy upon his pretended maner has raised other Letters and therwith has Caused charge the said suspender to make payment to him of the Soume of seven hundred and Fourtie pounds Scots money of principall six hundred pounds money forsaid of expensses of plea Also Contained in ane pretended decreet Obtained at his instance before the saids Commissioners of Justiciary against Lowrance and Robert McClerans in Stank of Kernoch the Suspenders tennents and him their Land Lord for his intrest upon the fourtein day of January then Last by past And that both within ane Certaine Short Space nixt after the Charge under the paine of rebellion and puting of him to the horne and for his alleadged disobedience hade Caused denounce the said Suspender or at least intends so to doe most wrongeously and unjustly Considering it is of verity, That the saids Decreits were in absence and for no Compearance The Suspender haveing been absent in the North of Scotland in the time as wes Nottourly knowen Wheras if he hade been Compearing He would have proponed Likeas he now propones the relevant defences following Primo That the saids Lands of Ednample and others are holden Immediatly by the Earle of Argyle of his Majestie (and were so2 some hundred years bygone) and are holden by the said Suspender and his predecessors of the said Earle and wherof the said Earle has the heritable right of Justiciary as appeared by the Earles Chartor produced Bearing the Lands of Ednample to be holden by tim of his majestie and also hearing his right to Justiciary marked in these places therof Secundo by the acts of parliament Jaj vic nyntie thrie Jaj vic nyntie fyve and Jaj vic nyntie Six appointing Commissioners of Justiciary to be granted to the Highlands The Earle of Argylls right of Justiciary is expressly Reserved And to grant Commission to the saids Commissioners of Justiciary Which the Earle neither did nor was requyred of him, And Therfore the saids Commissioners of Justiciary without ane express Commission from the Earle could not Judge nor decerne against any persones within the heritable Justiciary And Therfore the forsaid Letters and Charges Ought to be Suspendit etc Nevertheless the suspender was content to find Caution etc And Anent the Charge given to the saids Chargers To have Compeared before the Saids Lords of his majesties privy Councill at ane Certaine day now bygone Bringing with them the forsaid Letters and Charges and grounds and warrands therof To have been seen and Considered be the saids Lords And to have heard and Seen the Samen Suspended as the said Suspension more fully bears Which Suspension being appointed to be discuts before the saids Lords upon ane Certaine day, And the samen being called in presence of the saids Lords this day And the said James Campbell suspender Compearing personally With Mr David Dalrymple and Mr Robert Stewart advocats for him, And the said Jannet Ogilvie his tennent And the said John Finlasone Charger being oft times called and not Compearing And Mr David Cuninghame and Mr Dougall Stewart Compearing as advocats for him The saids Lords haveing at Length heard both parties procurators, And haveing Considered the Charge with the reasones of Suspensione, They have Suspended and hereby Suspends the Decreet charged on Simpliciter against the said James Campbell brother to Endample suspender for the haill Sumes therin contemed, And Declairs him quyt therof and free therfrae Simpliciter in all time comeing And Modifies and Restrictes the haill Soumes charged for the Soume of Ane hundred pounds Scots money And Finds the Letters Orderly proceeded against the above Jannet Ogilvie ay and while She make payment and satisfaction to the said John Finlasone Charger of the forsaid Soume of ane hundred pounds Scots To which the Soumes charged for are now3 restricted and modified And Ordaines Letters of horning on fiftein dayes under the Signet of Councill and others needfull to be direct hereon against the said Jannet Ogilvie in forme as effeirs.
1. NRS, PC2/27, 296v-298r.
2. Insertion.
3. Insertion.
1. NRS, PC2/27, 296v-298r.
2. Insertion.
3. Insertion.
D1700/1/3
D1700/1/31
Procedure: remission
Anent the petitione given in to the Lords of his majesties privy Councill be Walters Sandilands sone and heir to William Sandilands of Cowstoune brother German to the late Lord Torpichen Shewing That wher Mary Eastoune mother to the petitioner possesseth and liferenteth the whole estate of Coustoune So that the petitioner tho heir of the family Haveing nothing wherupon to be Sustained albeit it be provyded by act of Parliament Ther should be a necessary provision for sustaintatione of the heir according to the quantity of the heritadge yet such was the unkyndnes of the petitioners mother, That neither from a principle of naturall affection, nor from respect to the Laudable Lawes of the natione would She afford any allowance to the petitioner as a mean of Sustaintatione to him and his family So that the petitioner and his familly must begg unless the saids Lords present remeid And Therfore Humbly Craveing the saids Lords would be pleased In Consideratione of the premisses and according to the saids Lords practise in such cases To modifie to the petitioner such ane aliement as the saids Lords should find Just and necessary according to the Condition of the estate Which is two Thousand merks yearly as the said petitione bears The Lords of his majesties privy Councill Haveing Considered the above petition given in to them be Walter Sandilands eldest sone and heir to William Sandilands of Cowstoune brother german to the late Lord Torpichen with another petitione given in by way of answer therto by Mary Eastoune the said Walters mother Lady Cowstoune, The saids Lords Have Remitted and hereby Remitts the said Walter Sandilands petitioner to pursue for the Aliement Contained in his petitione before the Lords of Councill and Sessione And Recommends to the saids Lords to proceed in and discuss the said process for aliement Summarly without abideing the Course of the roll
1. NRS, PC2/27, 296r-296v.
1. NRS, PC2/27, 296r-296v.
D1700/1/2
D1700/1/21
Order
Anent the petition given in to the Lords of his majesties privy Councill be Sir John Hamiltone of Halcraig one of the Senators of the Colledge of Justice Shewing That Wher the petitioner has accquyred right to the Lands of Shawfeild Rutherglen and others Which belonged to the deceast Sir William and Sir James Hamiltons of Manner Ellistoune and Stands infeft therin by a Chartor under the great seall Conforme to the sasine therwith produced, And the petitioner being informed That some of the wrytes of the saids Lands Lye Consigned in the hands of the saids Lords Clerk in a Locked or sealled Trunk And the petitioner haveing applied to the petitioner for inspectione of the said wrytes The Clerk declared that ther was thrie or four trunks or Chists in his office wherof he hade not the keyes, In one of which it is most presumeable the saids wrytes are And it being your petitioners concerne and intrest to have inspectione and inventar therof, And Therfore humbly supplicating to the effect the effect2 aftermentioned as the said petitione bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them by the above Lord Halcraig with the infeftment mentioned therin and produced therwith, They hereby Give order and warrand to their Clerks to Cause open the above Chists or trunks or Chists In presence and at the sight of the Lord Aberurchill, And allowes the petitioner to inspect any wrytes in the above Chists or trunks of and concerning the above Lands, and allowes their Clerks of Councill to Inventar the same For all which this shall be to the saids Clerks a sufficient Warrand and appoints the Chists and trunks to be Clossed againe at sight of the said Lord Aberurchill.
1. NRS, PC2/27, 295v-296r.
2. Sic.
1. NRS, PC2/27, 295v-296r.
2. Sic.
D1700/1/1
D1700/1/12
Sederunt
Lord Chancelor; Earl of Mar; Earl of Buchan; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Earl of Anandale; Viscount Tarbat; Lord Jedburgh; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Halcraig; Mr Fra: Montgomry; Laird of Stivensone
1. NRS, PC2/27, 295v.
2. NRS, PC2/27, 295v.
1. NRS, PC2/27, 295v.
2. NRS, PC2/27, 295v.
D1699/1/12
D1699/1/121
Act
The Lords of his majesties privy Councill Doe hereby give order and warrand to and allowes Captain David Kennedy to print vend and sell a book Lately wryten by him Intituled The late History of Europe Abridged, And Discharges all other persones to print vend, or sell the said book without speciall warrant from the said Captain David Kennedy for the Space of fourtein years after the day and date hereof under the payne of Confication of the saids books, so printed vended or sold without Warrant from the said Captain Kennedy to the said Captain himself for his own behoove and payment of fyve hundred merks to him besides the confiscation forsaid.
1. NRS, PC2/27, 184v-185r.
1. NRS, PC2/27, 184v-185r.
D1699/1/11
D1699/1/111
Act
Anent the petition given in to the Lords of his Majesties privy Councill by James Walkinshaw merchant in Glasgow, 2 Shewing That the petitioner haveing engadged severall servants to goe allongst in a voadge to the West Indies, and being read to Shipp them aboard gott nottice of ane Order published by the saids Lord, prohibiting all persons whatsoever to export furth of this kingdome any persones of men to the plantations of Forraigners in the West Indies without Licence from the saids Lords, The petitioner thought it his duty humbly to Lay before the saids Lords the Circumstances of his case, hopeing upon the Just Consideration therof the saids Lords would graciously allow him to proceed in the forsaid voydge For haveing not only fraughted a Ship wholly belonging to Scots men, and provyded a great part of Biskit for bread from Ireland, In Consideration of the scarcity of this kingdome, Bot also took on the Servants at the earnest desire of their parents and themselves out of pity to their Starving Condition, And the petitione intertained and Cloathed them at his oun Charge now two moneths agoe, the petitioner suffered them to Live at Libertie a shoar untill the ship was ready to saile and haveing particular indenturs with every one of the saids servants, with every one of the said servants, Wherby Such as are twentie years and upwards are only to serve for four years, and such as are under the age of Twentie only six years, and was willing to find Sufficient Caution that non of the saids Servants should be disposed off, Bot to Scots Inglis or Irish planters for the space forsaid, neither of all the servants the petitioner had engadged was ther one who was either Compelled or Sedduced, Bot all of them goe most willingly and the petitioner Shall be heartily Satisfied the saids Lords Should Recomend it to Mr Francis Montgomerie, The Magistrats of Glasgow Or any other magistrats near the plane to try and examine every one of them and if any Shall yet be in the least unwilling to goe the petitioner should freely dispense with such, notwithstanding of the great expence the petitioner hade Laid out, and seing the petitioner hade Laid out, and Seing the petitioner Loss both of expence the petitioner hade been at in Cloathing and mantaineing about a hundred and upwards of servants for thrie moneths, and the fraught and provisiones for the vessell would be so great that it would bring the petitioner under great burdein, and that the petitioner hade been Surprized with the said prohibitione and restraint upon a Trade of this kynd Which hade been hitherto freely allowed and that the saids Lords hade allowed Strangers to Compleat their voage, Who were in no other Circumstances then the petitioner and those Concerned with him It was hoped Therfore the saids Lords would not make the forsaid prohibitione More grievous and Strict against the petitioner a tradeing merchant in this kingdome then against Foreaigners, And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill haveing Considered this petition given in to them by the above James Walkinshaw, They Doe hereby allow the petitioner to shipp aboard the servants he has ingadged in his voyage to the west Indies, and Discharges all magistrats and others to mollest him theranent By vertue of the act of prohibition published by the Lords of privy Councill The said James Walkinshaw allwayes before3 Shypping aboard any of his Saids Servants, produceing all his said servants before and in presence of Mr Francis Montgomrie of Giftan and James Peadie present provest of Glasgow To whom the saids Lords Doe hereby Recommend to examine the saids persones Shipped or to be shipped if they be Compelled or sedduced, or unwilling to goe in the said voyage With power to the saids Commissioners to dissmiss and put to Libertie Such of the saids Servants as they shall find to be Compelled Seduced or unwilling to goe the forsaid voyage And to give the petitioner a Warrand for Shipping and Transporting such of the saids Servants as they shall find not to be Compelled or seduced and willing to goe the forsaid voyage.
1. NRS, PC2/27, 183v-184v.
2. An illegible word scored out here.
3. The word ‘the’ scored out here.
1. NRS, PC2/27, 183v-184v.
2. An illegible word scored out here.
3. The word ‘the’ scored out here.
D1699/1/10
D1699/1/101
Act
Anent the petition given in to the Lords of his Majesties privy Councill be the Commissioners of Supply within the Shyre of Roxburgh and Magistrats of the toune of Jedburgh and other heritors of the Shyre of Roxburgh Shewing That wher the brige upon the watter of Teviot below Ancrum haveing fallen into decay and Likely to become ruinous the petitioners made application to the last parliament for some provisione and fond to repair and Sustaine the Same Which being Recommended to the saids Lords Ther was in September Last Some Small dutie granted for a few years upon that account to be uplifted at the bridge Bot after the petitioners hade caused workmen to visite what repairation would be necessar and what the expence of makeing the bridge Sufficient would amount to by their report taken under their hands in presence of the petitioners It being found that the charge would amount to no Less then betwixt Eight or Nyne Thousand merks, Ther would no workmen Or any other persone be found after outmost dilligence used by the petitioners who would undertake to repair the bridge upon the Credit of the act granted by their Lordships The outmost Could have been reckoned to arise from the Said act being only such ane inconsiderable Soume as would be necessar for to keep the bridge in repair if once made sufficient Bot nowayes to affoord the present repairationes Wherby throw the great floods at the break of the Storme in November Last one of the four Arches of this bridge is wholly borne down and another of the arches so Chattered That it most be taken down to the ground before it can be made sufficient as also the Lands Stood upon the South end of the bridge is so shaken and Chattered, That it most be renewed from the founation, as also the piller nixt to it, and seing this is the only bridge upon the river of Teviot, and that ther is no feiry boat upon the whole matter Save one seven mylles above this bridge and that it is nottourly knowen this watter is so great and Rapid that for the most part of the winter time it is not foordable as also this bridge hath allwayes been Considered as so necessary both as lying upon a high road to the borders of England, And Likewayes the Common passadge for all the South part of Scotland travelling that way and so indispensibly necessar to the Shyres about and to the burgh of Jedburgh That any Considerable repairationes which have been mad therupon in the memory of man were allwayes by some pious donations and particularly the last arch that was repair’dd of this bridge was by the pious Liberalitie of one of the Arch bishops of Glasgow, and Seing the petitioners have no prospect or expectation to raise a fond Sufficient for repairing of this bridge Bot by the saids Lords gracious and favorable allowing a generall Contributione throw out the kingdome which being the only Charitable benevollence of weell disposed people for such a pious use It was hoped the saids Lords would favorably grant the Same as ther Lordships some times had done upon the accounts farr Less Considerable then this was knowen to be by many of the saids Lords oun number, And Therfore Humbly Cravein the saids Lords would be pleased in Consideration of the premysses to allow the petitioner a generall Contribution through out the kingdome for the ends forsaids to be Collected at such dayes and in such maner as the petitioners should find Convenient and appoint intimation therof to be made by the Ministers of the severall paroches upon the Lords day before the day of Contribution to be Collected and uplifted and pay in to the factor to be appointed by the petitioner upon his finding sufficient Caution to the petitioners to apply the Same for repairing of the forsaid bridge upon Teviot as the petition bears. The Lords of his Majesties privy Councill Haveing Considered this petition Given in to them by the above Commissioners of Supply within the Shyre of Roxburgh, The magistrats of Jedburgh and others of the said shyre of Roxburgh With a report of the workmen anent Ancrum bridge; and a missive Letter from the Lord Jedburgh to the Laird of Cavers to concurr with the town of Jedburgh in adressing the privy Councill for a Contribution to repair the said bridge mentioned and produced with this petitione They doe hereby Allow to the petitioners a generall Contribution for the ends mentioned in the said petition to be made at all the paroch Churches within this Kingdome, and that upon Such Lords dayes as shall be Condescended on by the petitioners, And appoints the Ministers to make intimation of the said Collectione upon the Lords day Immediatly preceiding that in which the said Collection is to be made And appoints the Contribution when Collected to be delyvered in and uplifted by the factor to be appointed by the petitioners, And that In Respect the said factor has given bond and found Sufficient Caution acted in the books of privy Councill That he shall apply the said Contribution when Collected for repairing the above bridge upon the watter of Teviot below Ancrum, and ordaines this to be printed with the particular intimations to follow hereon.
1. NRS, PC2/27, 181v-183r.
1. NRS, PC2/27, 181v-183r.
D1699/1/9
D1699/1/91
Act
Anent the petition given in to the Lords of his Majesties privy Councill be The Lord Justice Clerk Livetenant Collonell John Erskeine governor of Stirling Castle, and the other Creditors of the deceast Alexander Earle of Kincardine Shewing That wher in the proces of sale intented and persewed at the petitioners instance of the Lands and estate Sometimes pertaineing to the said umquhill Alexander Earle of Kincardine, The Lords of Councill and session by their act and interloquitor of the date the twelth day of January instant Ordained the petitioners the Creditors to produce the said umquhill Alexander Earle of Kincardine his rights to the Estate and Assigned the twenty fourth day of the said moneth for that effect And Seing the said Earle his Chartor Chist was lying Consigned in the saids Lords Custody and that the petitioners could not have access therto without the saids Lords permissione and because the keyes of the said Chist are still in the hands of the representatives of Sir Alexander Gibson Since he was Clerk to the Councill It was Therfore Craved That the saids Lords would grant warand in maner underwrittin as the petitione more fully bears The saids Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above Lord Justice Clerk Livetenent Collonell Erskine and others, They hereby allow the Clerks of Councill to open the above Chartor Chist at sight of the Lord Aberurchill one of their Lordships oun number, and at his Lordships Sight the saids Clerks to delyver up to the petitioner Such of the papers in the said Chartor Chist as by his Lordships may be thought proper for Satisfieing the desyre of the Lords of Sessions act, and that upon the petitioners their Sufficient recepts and oblidgment to reproduce the wrytes which they take up within […] and in respect the keyes of the said Chartor Chist are not in the hands of the present Clerks of Councill Therfore the saids Lords Doe hereby Decerne and Ordaine the representatives of the deceast Sir Alexander Gibsone and Mr Thomas Hay late Clerks of Councill and any other persones havers of the said keyes to delyver the samen in to the hands of the principall Clerks of privy Councill And Ordaines Letters under the Signet of Councill to be direct hereon against the representatives and others abovewryten to be Condescended upon in the horning by name and Surname upon six dayes warning
1. NRS, PC2/27, 181r-181v.
1. NRS, PC2/27, 181r-181v.
D1699/1/8
D1699/1/82
Sederunt
Lord Chancelour; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortoune; Earl of Lauderdale; Earl of Lowdone; Earl of Leven; Earl of Annandale; Lord Strathnaver; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Rankeillor; Lord Phesdoe; Laird of Grant; Laird of Pollock; Laird of Blackbarony; Laird of Stivenson; Lord Provest of Edinburgh
1. NRS, PC2/27, 181r.
2. NRS, PC2/27, 181r.
1. NRS, PC2/27, 181r.
2. NRS, PC2/27, 181r.