Tag Archives: July

Act, 5 July 1698, Edinburgh

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Att Edinburgh the fifth day of Jully Jaj vic nyntie eight years

D1698/7/41

Act

Act Sir Patrick Maxuell

Anent the petition given in to the Lords of his Majesties privy Councill By Sir Patrick Maxuell of Sprinkell and […] Langcake keeper of the prisone in Carlyll Sheuing That a nottorious vagabound and Cheat called John Hunam who for these severall years by past to Shift for himself in either syde of the border according as he was obnoxious and readie to be seised upon the one or other syde therof Having been Lately seised and Committed to prisone in Carlyll made his escape from the Custodie of the said Langcake And being Certainly Informed that he haunts and resorts about the Langholme The petitioner made his application to Gentlemen and Justices of peace upon the Scotts Syde to have him seised and apprehended But ther being noe Border Commission for the tyme all the petitioner could obtain was to be advysed that it was fitt he Should apply to ther Lordships for a warrand to apprehend him as a Letter direct to their Lordships Clerk hath testified And seing it is necessarie for the peace and security of the borders that Rogues Should be apprehended and that it is the Intrest of both kingdomes that a Good Correspondence be keept amongst the heretors and Gentlemen upon both Sydes therof for preventing any prejudice that might arrise by tollerance or Connivance at Rogues upon one syde of the border to the prejudice of the other It has therfor been the Constant practise when ther uas a border Commission to seise such as were obnoxious to be Laid upon either Syde And now when ther is noe border Commission It is Hoped Ther Lordships will Give the Necessary orders in Such a matter Wherin the Intrest of the Government and peaceablnes of both Sydes of the border are soe much Concerned The Saids Lords Having Considered the forsaid petition They Doe heirby Give full pouer and warrand to the said Sir Patrick Maxuell or Mr Duncan Mckertour the Dutches of Buckcleughs baillie in the bounds of the regalitie of Nithsdale or aither of them with Consent of the other To Cause Search for Seise and apprehend the persone of the said John Hunam and to putt him under Sufficient bale with a suitable penaltie that he Shall Compear and underly the Law in any Judicatory of Scotland for what Shall be Laid to his charge or otheruayes to Committ him prisoner within this kingdome In case he be not able to find bale untill he Shall Ansuer as Law will But Discharges the said Sir Patrick or the said Dutches her baillie to Cause transport the said John Hunam furth of this Kingdome uithout farder order of Councell

Att Edinburgh the fifth day of Jully Jaj vic nyntie eight years

D1698/7/41

Act

Act Sir Patrick Maxuell

Anent the petition given in to the Lords of his Majesties privy Councill By Sir Patrick Maxuell of Sprinkell and […] Langcake keeper of the prisone in Carlyll Sheuing That a nottorious vagabound and Cheat called John Hunam who for these severall years by past to Shift for himself in either syde of the border according as he was obnoxious and readie to be seised upon the one or other syde therof Having been Lately seised and Committed to prisone in Carlyll made his escape from the Custodie of the said Langcake And being Certainly Informed that he haunts and resorts about the Langholme The petitioner made his application to Gentlemen and Justices of peace upon the Scotts Syde to have him seised and apprehended But ther being noe Border Commission for the tyme all the petitioner could obtain was to be advysed that it was fitt he Should apply to ther Lordships for a warrand to apprehend him as a Letter direct to their Lordships Clerk hath testified And seing it is necessarie for the peace and security of the borders that Rogues Should be apprehended and that it is the Intrest of both kingdomes that a Good Correspondence be keept amongst the heretors and Gentlemen upon both Sydes therof for preventing any prejudice that might arrise by tollerance or Connivance at Rogues upon one syde of the border to the prejudice of the other It has therfor been the Constant practise when ther uas a border Commission to seise such as were obnoxious to be Laid upon either Syde And now when ther is noe border Commission It is Hoped Ther Lordships will Give the Necessary orders in Such a matter Wherin the Intrest of the Government and peaceablnes of both Sydes of the border are soe much Concerned The Saids Lords Having Considered the forsaid petition They Doe heirby Give full pouer and warrand to the said Sir Patrick Maxuell or Mr Duncan Mckertour the Dutches of Buckcleughs baillie in the bounds of the regalitie of Nithsdale or aither of them with Consent of the other To Cause Search for Seise and apprehend the persone of the said John Hunam and to putt him under Sufficient bale with a suitable penaltie that he Shall Compear and underly the Law in any Judicatory of Scotland for what Shall be Laid to his charge or otheruayes to Committ him prisoner within this kingdome In case he be not able to find bale untill he Shall Ansuer as Law will But Discharges the said Sir Patrick or the said Dutches her baillie to Cause transport the said John Hunam furth of this Kingdome uithout farder order of Councell

1. NRS, PC2/27, 131r.

1. NRS, PC2/27, 131r.

Warrant, 5 July 1698, Edinburgh

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Att Edinburgh the fifth day of Jully Jaj vic nyntie eight years

D1698/7/31

Warrant

Warrand for Signing Captain Slezers Interloquitor

The Earle of Annandale Having represented to the Councill That at their Last meeting when his Lordship was Chosen preses upon a report Anent Captain Slezer Ther was a Committie appointed at the riseing of the Councill wherin some persones are named who are not members of this board which is not usuall And therfor desyred the Lords of his Majesties privy Councill uould againe Consider this matter at their Leisure which being fullie Considered by the saids Lords They hereby Adhere to their Interloquitor as pronunced upon the tuenty Eight day of June Last only In place of the Committie therinnamed Nominats and appoints the Earle of Lauderdale Lord Viscount of Tarbat and Lord Anstruther to be a Committie to revise the historicall pairt of Captain Slezers description of the ancient State of Scotland if the same be right and truly done And Recommends to the Earle of Annandale who was preses the forsaid day to Subscrybe the Interloquitor in thir terms of the date forsaid.

Att Edinburgh the fifth day of Jully Jaj vic nyntie eight years

D1698/7/31

Warrant

Warrand for Signing Captain Slezers Interloquitor

The Earle of Annandale Having represented to the Councill That at their Last meeting when his Lordship was Chosen preses upon a report Anent Captain Slezer Ther was a Committie appointed at the riseing of the Councill wherin some persones are named who are not members of this board which is not usuall And therfor desyred the Lords of his Majesties privy Councill uould againe Consider this matter at their Leisure which being fullie Considered by the saids Lords They hereby Adhere to their Interloquitor as pronunced upon the tuenty Eight day of June Last only In place of the Committie therinnamed Nominats and appoints the Earle of Lauderdale Lord Viscount of Tarbat and Lord Anstruther to be a Committie to revise the historicall pairt of Captain Slezers description of the ancient State of Scotland if the same be right and truly done And Recommends to the Earle of Annandale who was preses the forsaid day to Subscrybe the Interloquitor in thir terms of the date forsaid.

1. NRS, PC2/27, 130v.

1. NRS, PC2/27, 130v.

Warrant, 5 July 1698, Edinburgh

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Att Edinburgh the fifth day of Jully Jaj vic nyntie eight years

D1698/7/21

Warrant

Warrand for receaving Dalsinntons tennents Cautioners each for another

Sir Gilbert Eliot one of the Clerks of Councill having represented to the Lords of his Majesties privie Councill That ther is a bill of Suspension of Lauburroues at the instance of the Laird of Dalsinton and his tennents Against the Earle of Nithsdale his Lordships tennents of Duncow and Quarrelluood offered wherin Dalsinntons tennents are offered as Cautioners hinc Inde one for another And that Since he had the honour to Serve in this Station he never receaved tennents Cautioners one for another without speciall warrand from the Councill for that effect And therfore desyres the Councills orders in this matter which being Considered by the saids Lords of his Majesties privy Councill They hereby allow the said Sir Gilbert Eliot to receave the saids tennents of Dalsinntoune as Cautioners one for another Conforme to the bond now given in being of the date the tuenty fifth day of June Jaj vic nyntie eight And upon receaving the bond ordaines the Suspension of Lauburroues to be expeded in Comon forme

Att Edinburgh the fifth day of Jully Jaj vic nyntie eight years

D1698/7/21

Warrant

Warrand for receaving Dalsinntons tennents Cautioners each for another

Sir Gilbert Eliot one of the Clerks of Councill having represented to the Lords of his Majesties privie Councill That ther is a bill of Suspension of Lauburroues at the instance of the Laird of Dalsinton and his tennents Against the Earle of Nithsdale his Lordships tennents of Duncow and Quarrelluood offered wherin Dalsinntons tennents are offered as Cautioners hinc Inde one for another And that Since he had the honour to Serve in this Station he never receaved tennents Cautioners one for another without speciall warrand from the Councill for that effect And therfore desyres the Councills orders in this matter which being Considered by the saids Lords of his Majesties privy Councill They hereby allow the said Sir Gilbert Eliot to receave the saids tennents of Dalsinntoune as Cautioners one for another Conforme to the bond now given in being of the date the tuenty fifth day of June Jaj vic nyntie eight And upon receaving the bond ordaines the Suspension of Lauburroues to be expeded in Comon forme

1. NRS, PC2/27, 130v.

1. NRS, PC2/27, 130v.

Sederunt, 5 July 1698, Edinburgh

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Att Edinburgh the fifth day of Jully Jaj vic nyntie eight years1

D1698/7/12

Sederunt

Earl of Melvill P; Earl of Southerland; Earl of Lauderdale; Earl of Annandale; Earl of Ruglen; Lord Yester; Viscount Tarbat; Viscount Teviot; Lord Carmichaell; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Lord Rankeilor; Laird of Pollock; Laird of Leyes; Laird of Stevenson

Att Edinburgh the fifth day of Jully Jaj vic nyntie eight years1

D1698/7/12

Sederunt

Earl of Melvill P; Earl of Southerland; Earl of Lauderdale; Earl of Annandale; Earl of Ruglen; Lord Yester; Viscount Tarbat; Viscount Teviot; Lord Carmichaell; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Lord Rankeilor; Laird of Pollock; Laird of Leyes; Laird of Stevenson

1. NRS, PC2/27, 130v.

2. NRS, PC2/27, 130v.

1. NRS, PC2/27, 130v.

2. NRS, PC2/27, 130v.

Act, 29 July 1697, Edinburgh

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Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/311

Act

[Stipend to factor in Decreit Gordone]

The Councell allowed Eightie two merks of Stipend in Decreit Gordone and Laird of Wdney the twentie seventh of Jullie instant to be payed to Burntbear as factor And the same was added to the interloquitor

Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/311

Act

[Stipend to factor in Decreit Gordone]

The Councell allowed Eightie two merks of Stipend in Decreit Gordone and Laird of Wdney the twentie seventh of Jullie instant to be payed to Burntbear as factor And the same was added to the interloquitor

1. NRS, PC2/27, 26r.

1. NRS, PC2/27, 26r.

Act, 29 July 1697, Edinburgh

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Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/301

Act

Act Cranstowne and Bridge for a Contributione

Anent the petitione given in to The Lords of his majesties privie Cownsell be William Cranstowne and David Bridge Fewars in Lwgtowne of Dalkeith for themselvs and in name of ther tennents Shewing That wher upon weddensday the twentie ane of Jwllie instant ther happened a sudden and accidentall fire By which within the space of Ane houre (the wind blowing high) the petitioners tenements and houses with ther whole goods household Stwff and planishing and the goods and geir of seven tennents and coatters were intirely bwrnt and (wherby the Saids houses and goods being the only meane of the petitioners Liveliehood and Subsistance) They ther wives and families are altogither rwined and redacted to beggarie and Starveing And in the caise of soe fatall a misfortowne and so miderable ane accident It being most Jwst and wswall for The Lords of The privie Counsell to grant recomendatione to the charitie and benevolence of piows and well disposed christeans to be collected at the paroch churches or otherwise within Such bounds and precincts as the Sadnes and merit of the Callamitie Doeth requyre And therfore Humbly craveing to the effect eftermentioned As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione They Doe heirby recomend the petitioners to the charitie and benvolence of all piows and compassionat Christeans within the severall paroches and presbetries of the Synods of Lothian and Tweedale and allowed a volwntar contributione to be collected at the paroch churches within the bownds forsaids or otherwayes as the petitioners shall think fitt And recomends to the ministers of the severall churches to cause make intimatione of the said collectione upon the Sabath day befor it shall be collected As the petitioners and ministers shall accord

Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/301

Act

Act Cranstowne and Bridge for a Contributione

Anent the petitione given in to The Lords of his majesties privie Cownsell be William Cranstowne and David Bridge Fewars in Lwgtowne of Dalkeith for themselvs and in name of ther tennents Shewing That wher upon weddensday the twentie ane of Jwllie instant ther happened a sudden and accidentall fire By which within the space of Ane houre (the wind blowing high) the petitioners tenements and houses with ther whole goods household Stwff and planishing and the goods and geir of seven tennents and coatters were intirely bwrnt and (wherby the Saids houses and goods being the only meane of the petitioners Liveliehood and Subsistance) They ther wives and families are altogither rwined and redacted to beggarie and Starveing And in the caise of soe fatall a misfortowne and so miderable ane accident It being most Jwst and wswall for The Lords of The privie Counsell to grant recomendatione to the charitie and benevolence of piows and well disposed christeans to be collected at the paroch churches or otherwise within Such bounds and precincts as the Sadnes and merit of the Callamitie Doeth requyre And therfore Humbly craveing to the effect eftermentioned As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione They Doe heirby recomend the petitioners to the charitie and benvolence of all piows and compassionat Christeans within the severall paroches and presbetries of the Synods of Lothian and Tweedale and allowed a volwntar contributione to be collected at the paroch churches within the bownds forsaids or otherwayes as the petitioners shall think fitt And recomends to the ministers of the severall churches to cause make intimatione of the said collectione upon the Sabath day befor it shall be collected As the petitioners and ministers shall accord

1. NRS, PC2/27, 25v-26r.

1. NRS, PC2/27, 25v-26r.

Act, 29 July 1697, Edinburgh

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Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/291

Act

Act James Brown

Anent the petitione given in to the Lords of his majesties privie Cownsell be James Browne son to Patrick Browne tennent to Sir Alexander Forbes of Tolqwhon Shewing That wher the petitioner being in the tollbwith of Edinburgh in Jwllie Jaj vic and nyntie six at the instance of The Laird of Foverane be vertwe of ther Lordships Sentence and decreit ay and whill he made payment to him of Six Hundereth merks of fyne and cleared his accompts with him and banished the petitioner furth of the Shyre of Aberdeen dureing ther Lordships pleasure And the petitioner haveing presented a bill of Suspensione of the foirsaid Decreit to ther Lordships in Febrwary Last And by ther Lordships Jwstice and Commisseratione to his deplorable and destitute state in prisone for seven moneths the petitioner obtained his bill of Suspensione past and expede But ther Lordships Did nether Suspend nor remit the Sentance of banishment from the Shyre of Abredein The petitioner therfor most humbly begs Leave to represent to ther Lordships that he is readie and als willing as he is to Live to cleare his accompts with Foveraigne in obedience to ther Lordships decerintor theranent But this will be impossible to the poor petitioner wnles ther Lordships allow him to goe and waite upon Foverane for that effect for he will not be at the trouble to attend Such ane Small affaire in ane other place then his own residence and wher the petitioner Can have of the best Genlemen2 in the Cowntrie for his mediators and might have ther Service if his banishment were taken off whatever Foverane may pretend But that being a barr not only to his receptione but alsoe to his necessar subsistance The petitioner cannot but become miserable in a verie Short tyme wnles ther Lordships Jwstice and clemency take off his banishment from the said shyre within which all the meanes of Subsistance the petitioner can Look for lyes the petitioner also humblie remynds ther Lordships of the State of his caise that he proved a pairt of his lybell And that the only grownd ther Lordships walked in fyneing imprisoneing and banishing was upon the depositiones of Some of Foveranes own servants alleadgeing the petitioner altered and firlot wheras if ther Lordships would allow the petitioner ane Commission he could make it appeare by the Couper maker of the firlot and others of the Same occupatione that all he did make the firlot neither mor nor Less The petitioner hes both befoir and Since his Liberatione from prisone made all the Submissions to Foverane that Could move his or any mans pity towards the petitioners destitut and deplorable conditione that intended Not his wtter rwine which evidently appears Foverane Does if their Lordships Jwstice and clemencie prevent it not The petitioner went likewayes of Late als near to Foveranes residence as he could adventure and caused offer to compt and reckon and cleare all his intromissiones he allwayes allouing the petitioner inspectione of his accompts which he refwised and gave these he sent or caused interceed for him nothing but hectering minaceing Langwadge As the instrwments therwith produced hes instrwcted And when that faillzed the petitioner was forced to raise exhibitione of his accompts and compt and reckning befoir the Lords of Sessione Seing nothing els could obleidge him to exhibite his accompts or compt and reckon with the petitioner As the Summonds of exhibitione and compt and reckning therwith prodwced hes instrwcted Soe that ther Lordships may perceave the petitioner hes omitted nothing incumbent for him to give Foverane Satisfactione and faire compt and reckning But Foverane being maister of all that the petitioner hes in the world And finding his compt and reckning Cannot come in to be debate for a Long tyme And knowing that the petitioner hes nothing to prosecute the samen And that his banishment deprives him of all meanes of Subsistance he declynes to compt and reckon to the petitioner wheras if he had access to his papers and accompts he would be able to vindicat himself to ther Lordships and cleare his accompts with Foverane the petitioner being allowed Libertie to goe about his affairs as a frieman And therfore humblie craveing ther Lordships to take off the petitioners banishment and to grant him Libertie to repaire to the Shyre of Aberdeen for cleareing his accompts with Foveran wher the petitioner can have the benefite of severall gentlemens assistance (whom he cannot obleidge to attend at a distance) And to ordaine Foverane to allow the petitioner the wse of his wrytes for makeing up his accompts which he seized and tooke from ther petitioner at least to recomend for the Lords of Sessione to discwss his exhibitione and complaind reckning Summarlie And if it please ther Lordships to grant Commissione to any persone ther Lordships Shall appoint to examine the Cowpar who made the firlot and others who knowed and wnderstands measures whither all the alteratione the petitioner is alleadged to have made on it could make it more or Less and whither Foverane does not both take in and give out his Victwall with that Same firlot to this day As also to ordaine Foverane to delyver up to the petitioner his cloaths which can be of now wse to him and wherof the petitioner is in great want through his Long imprisonment which if Foverane oppose ther Lordships will soon perceave who is in the wrong and what Foveranes designe is As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell And answers made therto for the Laird of Foverane They heirby Suspend the Sentance of Banishment pronunced against the petitioner Simpliciter upon him till the first day of November nixt to come to the effect he may repaire to the Shyre of Aberdeen and allowes him to repaire to the Same and to cleare his accompts with the Laird of Foverane at Sight or before the Shirreff principall of Aberdeen and his deputs betuixt and the said first day of november next And therefter declaires the Sentance of banishment to recurr and Stand in full force against him as at the pronunceing therof and as the samen had never being Suspended And that Foveran affoord him transcrupts of his own books and papers for that effect and exhibite the principalls to the Shirreff or his deputs at any tyme when requyred dureing the Said Space

Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/291

Act

Act James Brown

Anent the petitione given in to the Lords of his majesties privie Cownsell be James Browne son to Patrick Browne tennent to Sir Alexander Forbes of Tolqwhon Shewing That wher the petitioner being in the tollbwith of Edinburgh in Jwllie Jaj vic and nyntie six at the instance of The Laird of Foverane be vertwe of ther Lordships Sentence and decreit ay and whill he made payment to him of Six Hundereth merks of fyne and cleared his accompts with him and banished the petitioner furth of the Shyre of Aberdeen dureing ther Lordships pleasure And the petitioner haveing presented a bill of Suspensione of the foirsaid Decreit to ther Lordships in Febrwary Last And by ther Lordships Jwstice and Commisseratione to his deplorable and destitute state in prisone for seven moneths the petitioner obtained his bill of Suspensione past and expede But ther Lordships Did nether Suspend nor remit the Sentance of banishment from the Shyre of Abredein The petitioner therfor most humbly begs Leave to represent to ther Lordships that he is readie and als willing as he is to Live to cleare his accompts with Foveraigne in obedience to ther Lordships decerintor theranent But this will be impossible to the poor petitioner wnles ther Lordships allow him to goe and waite upon Foverane for that effect for he will not be at the trouble to attend Such ane Small affaire in ane other place then his own residence and wher the petitioner Can have of the best Genlemen2 in the Cowntrie for his mediators and might have ther Service if his banishment were taken off whatever Foverane may pretend But that being a barr not only to his receptione but alsoe to his necessar subsistance The petitioner cannot but become miserable in a verie Short tyme wnles ther Lordships Jwstice and clemency take off his banishment from the said shyre within which all the meanes of Subsistance the petitioner can Look for lyes the petitioner also humblie remynds ther Lordships of the State of his caise that he proved a pairt of his lybell And that the only grownd ther Lordships walked in fyneing imprisoneing and banishing was upon the depositiones of Some of Foveranes own servants alleadgeing the petitioner altered and firlot wheras if ther Lordships would allow the petitioner ane Commission he could make it appeare by the Couper maker of the firlot and others of the Same occupatione that all he did make the firlot neither mor nor Less The petitioner hes both befoir and Since his Liberatione from prisone made all the Submissions to Foverane that Could move his or any mans pity towards the petitioners destitut and deplorable conditione that intended Not his wtter rwine which evidently appears Foverane Does if their Lordships Jwstice and clemencie prevent it not The petitioner went likewayes of Late als near to Foveranes residence as he could adventure and caused offer to compt and reckon and cleare all his intromissiones he allwayes allouing the petitioner inspectione of his accompts which he refwised and gave these he sent or caused interceed for him nothing but hectering minaceing Langwadge As the instrwments therwith produced hes instrwcted And when that faillzed the petitioner was forced to raise exhibitione of his accompts and compt and reckning befoir the Lords of Sessione Seing nothing els could obleidge him to exhibite his accompts or compt and reckon with the petitioner As the Summonds of exhibitione and compt and reckning therwith prodwced hes instrwcted Soe that ther Lordships may perceave the petitioner hes omitted nothing incumbent for him to give Foverane Satisfactione and faire compt and reckning But Foverane being maister of all that the petitioner hes in the world And finding his compt and reckning Cannot come in to be debate for a Long tyme And knowing that the petitioner hes nothing to prosecute the samen And that his banishment deprives him of all meanes of Subsistance he declynes to compt and reckon to the petitioner wheras if he had access to his papers and accompts he would be able to vindicat himself to ther Lordships and cleare his accompts with Foverane the petitioner being allowed Libertie to goe about his affairs as a frieman And therfore humblie craveing ther Lordships to take off the petitioners banishment and to grant him Libertie to repaire to the Shyre of Aberdeen for cleareing his accompts with Foveran wher the petitioner can have the benefite of severall gentlemens assistance (whom he cannot obleidge to attend at a distance) And to ordaine Foverane to allow the petitioner the wse of his wrytes for makeing up his accompts which he seized and tooke from ther petitioner at least to recomend for the Lords of Sessione to discwss his exhibitione and complaind reckning Summarlie And if it please ther Lordships to grant Commissione to any persone ther Lordships Shall appoint to examine the Cowpar who made the firlot and others who knowed and wnderstands measures whither all the alteratione the petitioner is alleadged to have made on it could make it more or Less and whither Foverane does not both take in and give out his Victwall with that Same firlot to this day As also to ordaine Foverane to delyver up to the petitioner his cloaths which can be of now wse to him and wherof the petitioner is in great want through his Long imprisonment which if Foverane oppose ther Lordships will soon perceave who is in the wrong and what Foveranes designe is As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell And answers made therto for the Laird of Foverane They heirby Suspend the Sentance of Banishment pronunced against the petitioner Simpliciter upon him till the first day of November nixt to come to the effect he may repaire to the Shyre of Aberdeen and allowes him to repaire to the Same and to cleare his accompts with the Laird of Foverane at Sight or before the Shirreff principall of Aberdeen and his deputs betuixt and the said first day of november next And therefter declaires the Sentance of banishment to recurr and Stand in full force against him as at the pronunceing therof and as the samen had never being Suspended And that Foveran affoord him transcrupts of his own books and papers for that effect and exhibite the principalls to the Shirreff or his deputs at any tyme when requyred dureing the Said Space

1. NRS, PC2/27, 23v-25v.

2. Sic.

1. NRS, PC2/27, 23v-25v.

2. Sic.

Procedure, 29 July 1697, Edinburgh

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Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/281

Procedure

Recomendatione to The Lord Advocat to write to Shirreff of Forffar Anent James Smith

The Lords of his majesties privie Cownsell doe heirby recomend to Sir James Stewart his majesties Advocat to write to the Shireff principall of the Shyre of Forffar or his deputs requyreing the Shirreff deput to take precognitione anent William Smith his killing of a child at Dwndie or if he had any accessione to the death of the said child And to send over the precogntione to Edinburgh when taken to The Lord Advocat

Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/281

Procedure

Recomendatione to The Lord Advocat to write to Shirreff of Forffar Anent James Smith

The Lords of his majesties privie Cownsell doe heirby recomend to Sir James Stewart his majesties Advocat to write to the Shireff principall of the Shyre of Forffar or his deputs requyreing the Shirreff deput to take precognitione anent William Smith his killing of a child at Dwndie or if he had any accessione to the death of the said child And to send over the precogntione to Edinburgh when taken to The Lord Advocat

1. NRS, PC2/27, 23v.

1. NRS, PC2/27, 23v.

Act, 29 July 1697, Edinburgh

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Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/271

Act

Act Baillies of Hamiltowne

Anent the petitione given in to the Lords of his majesties privie Counsell be The baillies and towne Counsell of Hamiltowne Shewing That wheras the baillies of Hamiltowne ther predecessors obtained ane act of privie Counsell in the yeir Jaj vic Fourtie seven for ane impositione to be raised of all passangers and goods passing the bridge called Bothwell Bridge And that for the Space of Thrie nyntine yeirs in order to the repaireing and keeping up of the said bridge viz everie footman two pennies everie horseman six pennies everie Load of victwall eight pennies everie pack of merchandize and other goods two Shilling Scots And everie Cow Stirk horse meir Staig qwey and others of these kynd Four pennies And Gave power to the Saids magistrats and ther Successors to receave intromett with and collect the saids Soumes Dureing that Space and to poind for the same As appears by the act therwith prodwced And the saids thrie nyntyne yeirs being near expyreing And the bridge haveing bein of Late exceedinglie damnified by great Spaites and Soles of Ice which hes Soe wndermynded two pillars of the bridge that if they be not presently repaired The bridge will wndoubtedly fall downe And if it should fall it would take a great Sowme of money to bwild it up againe And the said bridge being so necessarie and wsefull for all the west and Swoth pairts of the kingdome as is notourly knowen and even in the Conditione it is now into it will take two thowsand five hundereth merks that is alreadie expended upon it As appears by a declaratione given by Mr James Smith and other Jwdiciows tradesmen and a draught of the bridge Shewing wher it is damnified and how it must be repaired which two Thousand give hundereth merks mwst presentlie be advanced for the repaireing therof But the petitioners cannot be in a conditione to doe it wnles the foirsaid impositione bie continwed at Least for other thrie nyntine yeirs And seing by the act of parliament ther Lordships are impowered to ordaine the levying of moderat Customes at bridges for repaireing therof And that any impositione allowed to be layed upon the Shyre cannot be able to doe it And this being one of the most publict and necessarie bridges in the natione And therfore humbly craveing to the effect eftermentioned As the said petitione bears which being this Day read and considered be the saids Lords of his majesties privie Cownsell with the Double of the act of Counsell mentioned therin and the declaratione Subscribed by the above Mr James Smith and other persones above named they heirby Continwe the foirsaid impositione upon all passangers and goods passing the said bridge called Clydesbridge or Bothwellbridge And that for the Space of thrie nyntine yeirs Commenceing from the tenth day of September Jaj vic Four at which tyme the impositione alreadie granted by the act of Counsell in anno Jaj viic 2 and Fourtie Seven does expyre And that for repairing and keeping up of the said bridge Viz for everie footman two pennies Scotts money for everie horseman six pennies Scotts money foirsaid for everie Load of Victwall Eight pennies Scotts Everie pack of merchantize and other goods passing the said bridge two Shilling Scotts Everie ox Cow Stirk horse meer Staig qwey and others of these kynds four pennies money foirsaid The petitioners the baillies and towne Counsell of Hamiltowne raiseing als mwch money upon ther own credit as will repaire the said bridge called Clydes bridge or Bothwell bridge And the saids magistrats and ther Swccessors upholding the said bridge dureing the tyme foirsaid And that at the sight of The Shirreff principall of the Shyre of Lanerk or his deputs within which Shyre the said bridge lyes And recomends to the said Shirreff principall of Lanerk and reqwyres his deputs to Sie the magistrats and towne Counsell of Hamiltoune and ther Successors doe repaire the said bridge and keep up the Same in sufficient good Conditione from tyme to tyme And that the said impositione be truly imployed for that effect

Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/271

Act

Act Baillies of Hamiltowne

Anent the petitione given in to the Lords of his majesties privie Counsell be The baillies and towne Counsell of Hamiltowne Shewing That wheras the baillies of Hamiltowne ther predecessors obtained ane act of privie Counsell in the yeir Jaj vic Fourtie seven for ane impositione to be raised of all passangers and goods passing the bridge called Bothwell Bridge And that for the Space of Thrie nyntine yeirs in order to the repaireing and keeping up of the said bridge viz everie footman two pennies everie horseman six pennies everie Load of victwall eight pennies everie pack of merchandize and other goods two Shilling Scots And everie Cow Stirk horse meir Staig qwey and others of these kynd Four pennies And Gave power to the Saids magistrats and ther Successors to receave intromett with and collect the saids Soumes Dureing that Space and to poind for the same As appears by the act therwith prodwced And the saids thrie nyntyne yeirs being near expyreing And the bridge haveing bein of Late exceedinglie damnified by great Spaites and Soles of Ice which hes Soe wndermynded two pillars of the bridge that if they be not presently repaired The bridge will wndoubtedly fall downe And if it should fall it would take a great Sowme of money to bwild it up againe And the said bridge being so necessarie and wsefull for all the west and Swoth pairts of the kingdome as is notourly knowen and even in the Conditione it is now into it will take two thowsand five hundereth merks that is alreadie expended upon it As appears by a declaratione given by Mr James Smith and other Jwdiciows tradesmen and a draught of the bridge Shewing wher it is damnified and how it must be repaired which two Thousand give hundereth merks mwst presentlie be advanced for the repaireing therof But the petitioners cannot be in a conditione to doe it wnles the foirsaid impositione bie continwed at Least for other thrie nyntine yeirs And seing by the act of parliament ther Lordships are impowered to ordaine the levying of moderat Customes at bridges for repaireing therof And that any impositione allowed to be layed upon the Shyre cannot be able to doe it And this being one of the most publict and necessarie bridges in the natione And therfore humbly craveing to the effect eftermentioned As the said petitione bears which being this Day read and considered be the saids Lords of his majesties privie Cownsell with the Double of the act of Counsell mentioned therin and the declaratione Subscribed by the above Mr James Smith and other persones above named they heirby Continwe the foirsaid impositione upon all passangers and goods passing the said bridge called Clydesbridge or Bothwellbridge And that for the Space of thrie nyntine yeirs Commenceing from the tenth day of September Jaj vic Four at which tyme the impositione alreadie granted by the act of Counsell in anno Jaj viic 2 and Fourtie Seven does expyre And that for repairing and keeping up of the said bridge Viz for everie footman two pennies Scotts money for everie horseman six pennies Scotts money foirsaid for everie Load of Victwall Eight pennies Scotts Everie pack of merchantize and other goods passing the said bridge two Shilling Scotts Everie ox Cow Stirk horse meer Staig qwey and others of these kynds four pennies money foirsaid The petitioners the baillies and towne Counsell of Hamiltowne raiseing als mwch money upon ther own credit as will repaire the said bridge called Clydes bridge or Bothwell bridge And the saids magistrats and ther Swccessors upholding the said bridge dureing the tyme foirsaid And that at the sight of The Shirreff principall of the Shyre of Lanerk or his deputs within which Shyre the said bridge lyes And recomends to the said Shirreff principall of Lanerk and reqwyres his deputs to Sie the magistrats and towne Counsell of Hamiltoune and ther Successors doe repaire the said bridge and keep up the Same in sufficient good Conditione from tyme to tyme And that the said impositione be truly imployed for that effect

1. NRS, PC2/27, 22r-23v.

2. Sic.

1. NRS, PC2/27, 22r-23v.

2. Sic.

Sederunt, 29 July 1697, Edinburgh

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Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs1

D1697/7/262

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Twlliebarden; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Bwchan; Earl of Strathmore; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Rwglen; Viscount Tarbat; Lord Raith; Lord Forbes; Lord Carmichael; Lord Ruthven; Lord Secretary Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony; Laird of Leyes; Laird of Cessnock; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs1

D1697/7/262

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Twlliebarden; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Bwchan; Earl of Strathmore; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Rwglen; Viscount Tarbat; Lord Raith; Lord Forbes; Lord Carmichael; Lord Ruthven; Lord Secretary Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony; Laird of Leyes; Laird of Cessnock; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

1. NRS, PC2/27, 22r.

2. NRS, PC2/27, 22r.

1. NRS, PC2/27, 22r.

2. NRS, PC2/27, 22r.