Tag Archives: June

Act, 13 June 1704, Edinburgh

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Edinburgh the 13th June 1704

D1704/6/51

Act

Act Infavours of Thomas Maxwell of Gelstoun

Anent the petition given in and presented to the Lords of Her Majesties Privie Councill By Thomas Maxwell of Gelstoun. Shewing That Sir George Maxwell of Orchardtoun the petitioners Nephew haveing apostatised frae the Protestant Religion, The petitioner Did upon the late act of Parliament Raise ane Summonds of Declarator before the Lords of Session, To hear and see it found and Declared that by his apostatising from the protestant Religion he had ammitted and forfault the benefite of succession to Sir Robert Maxwell of Orchardtoun his father (the petitioners brother) and that the right of his Estate Devolved upon the petitioner as the nixt Protestant heir, and that he ought to be served heir as if Sir George were naturally dead. And alse the said Sir George to hear and see himselfe Decerned to pay to the petitioner Six Thousand merks as ayears valued rent of his Estate for imploying George Maxwell of Munches a known papist to be his factor. As also the said Sir George in Five hundered merks for accepting therof, The said George Maxwell finding that he would be reatched for accepting the said factory, he out of Malice hes raised a Lauborrowes before your Lordships at his instance and at Orchardstouns instance (albeit he be out of the Kingdome) and at the instance of Severall others against him and his sone The petitioner and his son haveing offered a Bill of suspension the same is past, and ther Lordships Clerks refuses to accept of the Caution they have offered And therefore Craveing there Lordships To ordaine there Clerks either to accept of the Caution offered or to accept of the petitioners and his son each of them for others. Seeing by what is above represented the forsaid Lauborrowes is raised out of meer malice, for the petitioner is a man past seventy and not in a Condition to enquire any persone As the said petition Bears. The Lords of Her Majesties privie Councill Haveing considered the petition given into them By Thomas Maxwell of Gelstoun. And the samen being Read in there presence. The saids Lords Doe hereby Impower appoint and Ordaine there Clerks to receave the Bond of Cautionrie in the Suspension of Lauborrowes granted by William Grierson in Bargatoun and James Livingstoun of Qumtenespie as Cautioners for the petitioner and his sone dated the second day of May Jaj vic and four years And appoints and ordaines the petitioner and his said sone to give in with the forsaid Bond ane other vond to be granted ilk ane of them as Cautioners for others. And appoints the suspension to be Expead Conforme.

Edinburgh the 13th June 1704

D1704/6/51

Act

Act Infavours of Thomas Maxwell of Gelstoun

Anent the petition given in and presented to the Lords of Her Majesties Privie Councill By Thomas Maxwell of Gelstoun. Shewing That Sir George Maxwell of Orchardtoun the petitioners Nephew haveing apostatised frae the Protestant Religion, The petitioner Did upon the late act of Parliament Raise ane Summonds of Declarator before the Lords of Session, To hear and see it found and Declared that by his apostatising from the protestant Religion he had ammitted and forfault the benefite of succession to Sir Robert Maxwell of Orchardtoun his father (the petitioners brother) and that the right of his Estate Devolved upon the petitioner as the nixt Protestant heir, and that he ought to be served heir as if Sir George were naturally dead. And alse the said Sir George to hear and see himselfe Decerned to pay to the petitioner Six Thousand merks as ayears valued rent of his Estate for imploying George Maxwell of Munches a known papist to be his factor. As also the said Sir George in Five hundered merks for accepting therof, The said George Maxwell finding that he would be reatched for accepting the said factory, he out of Malice hes raised a Lauborrowes before your Lordships at his instance and at Orchardstouns instance (albeit he be out of the Kingdome) and at the instance of Severall others against him and his sone The petitioner and his son haveing offered a Bill of suspension the same is past, and ther Lordships Clerks refuses to accept of the Caution they have offered And therefore Craveing there Lordships To ordaine there Clerks either to accept of the Caution offered or to accept of the petitioners and his son each of them for others. Seeing by what is above represented the forsaid Lauborrowes is raised out of meer malice, for the petitioner is a man past seventy and not in a Condition to enquire any persone As the said petition Bears. The Lords of Her Majesties privie Councill Haveing considered the petition given into them By Thomas Maxwell of Gelstoun. And the samen being Read in there presence. The saids Lords Doe hereby Impower appoint and Ordaine there Clerks to receave the Bond of Cautionrie in the Suspension of Lauborrowes granted by William Grierson in Bargatoun and James Livingstoun of Qumtenespie as Cautioners for the petitioner and his sone dated the second day of May Jaj vic and four years And appoints and ordaines the petitioner and his said sone to give in with the forsaid Bond ane other vond to be granted ilk ane of them as Cautioners for others. And appoints the suspension to be Expead Conforme.

1. NRS, PC2/28, 287r-287v.

1. NRS, PC2/28, 287r-287v.

Act, 13 June 1704, Edinburgh

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Edinburgh the 13th June 1704

D1704/6/41

Act

Act Infavours of James Gordon

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By James Gordon Junior merchant in Aberdeen Shewing That where there Lordships petitioner as goeing from Harrige in England to Holland, was taken by ane French privateer and carried into Dunkirk, where he at present lyes prisoner By which accident he is keeped in sure firmance and therby rendered incapable to goe about his privat bussines as a merchant, And seeing that ther was lately a French Privateer taken by Captain Thomas Gordon, wherof the Captain and others of the Crew are detained here as prisoners by which any of the subjects of this nation who are or may happen to be taken by the French will have the occasion of being changed with them. Therefore the petitioner humbly begs leave to represent his case to ther Lordships That he being a subject of this nation goeing about his Laufull trade of Merchandizeing to Holland a place in amity and allyance with this Kingdome, And haveing been seased by the French in his voyadge may have the benefite of being exchanged, With the Captain, Livetennent or Master of the said privateer Conforme to the commone custome practised in such cases. And therfore Craveing to the effect aftermentioned as the said petition bears The Lords of Her Majesties Privie Councill Haveing considered the above petition given into them By James Gordon junior merchant in Aberdeen And the samen being read in there presence. The saids Lords Doe heirby Declare and Enact that how soon the petitioner shall be sett at liberty by the French, With full freedome to goe about his privat affaires, and have aveiled and authentick pass for that effect. That then the saids Lords will set at liberty Geraird Druyue Livetennent of the French privatteer taken by Captain Gordon in Scotland. With full liberty and freedome to him to return home. And the saids Lords Doe heirby appoint and Ordaine there Clerks of Councill, to give ane Extract of the forsaid petition and Interloquitor following theron under there hands and the seall of Councill to the effect forsaid.

Edinburgh the 13th June 1704

D1704/6/41

Act

Act Infavours of James Gordon

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By James Gordon Junior merchant in Aberdeen Shewing That where there Lordships petitioner as goeing from Harrige in England to Holland, was taken by ane French privateer and carried into Dunkirk, where he at present lyes prisoner By which accident he is keeped in sure firmance and therby rendered incapable to goe about his privat bussines as a merchant, And seeing that ther was lately a French Privateer taken by Captain Thomas Gordon, wherof the Captain and others of the Crew are detained here as prisoners by which any of the subjects of this nation who are or may happen to be taken by the French will have the occasion of being changed with them. Therefore the petitioner humbly begs leave to represent his case to ther Lordships That he being a subject of this nation goeing about his Laufull trade of Merchandizeing to Holland a place in amity and allyance with this Kingdome, And haveing been seased by the French in his voyadge may have the benefite of being exchanged, With the Captain, Livetennent or Master of the said privateer Conforme to the commone custome practised in such cases. And therfore Craveing to the effect aftermentioned as the said petition bears The Lords of Her Majesties Privie Councill Haveing considered the above petition given into them By James Gordon junior merchant in Aberdeen And the samen being read in there presence. The saids Lords Doe heirby Declare and Enact that how soon the petitioner shall be sett at liberty by the French, With full freedome to goe about his privat affaires, and have aveiled and authentick pass for that effect. That then the saids Lords will set at liberty Geraird Druyue Livetennent of the French privatteer taken by Captain Gordon in Scotland. With full liberty and freedome to him to return home. And the saids Lords Doe heirby appoint and Ordaine there Clerks of Councill, to give ane Extract of the forsaid petition and Interloquitor following theron under there hands and the seall of Councill to the effect forsaid.

1. NRS, PC2/28, 286r-287r.

1. NRS, PC2/28, 286r-287r.

Act, 13 June 1704, Edinburgh

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Edinburgh the 13th June 1704

D1704/6/31

Act

Act Infavours of Charles Cookburn

Anent the petition given in and presented to the Lords of Her Majesties Privie Councill By Charles Cockburn son to Adam Cockburn of Ormistoun Shewing That where there Lordships petitioner goeing from Harwitch in England to Holland, was taken by a French privateir and carrid into Dunkirk, where he at present lies prisoner. And seeing that there was lately a French privateer Taken by Captain Thomas Gordon, Wherof the Captain and others of the Crew are detained here as prisoners. By which any of the subjects of this nation who are or may happen to be taken by the French will have the occasion of being exchanged with them Therfore the petitioner humbly begs leave to represent his case to these Lordships, That he may have the benefite of being exchanged with the Captain of the said privateer. And Therfore Craveing to the effect aftermentioned As the said petition Bears. The Lords of Her Majesties Privie Councill haueing considered the petition abovewryten given into them By Charles Cockburn son to Adam Cockburn of Ormistoun And the samen being read in there presence The saids Lords Doe hereby Declair and Enact that how soon the petitioner shall be sett at liberty by the French With full freedome to goe about his privat affaires and have a valid and authentick pass for that effect, That then the saids Lords will sett at Liberty Jacobus Soetenaey Captain of the French privateer taken by Captain Gordon in Scotland. With full liberty and freedome to him to return home. And the saids Lords, Doe heirby appoint and Ordaine there Clerks of Councill ane Extract of the forsaid petition and Interloquitor followeing theron under ther hands and the seall of Councill to the effect forsaid.

Edinburgh the 13th June 1704

D1704/6/31

Act

Act Infavours of Charles Cookburn

Anent the petition given in and presented to the Lords of Her Majesties Privie Councill By Charles Cockburn son to Adam Cockburn of Ormistoun Shewing That where there Lordships petitioner goeing from Harwitch in England to Holland, was taken by a French privateir and carrid into Dunkirk, where he at present lies prisoner. And seeing that there was lately a French privateer Taken by Captain Thomas Gordon, Wherof the Captain and others of the Crew are detained here as prisoners. By which any of the subjects of this nation who are or may happen to be taken by the French will have the occasion of being exchanged with them Therfore the petitioner humbly begs leave to represent his case to these Lordships, That he may have the benefite of being exchanged with the Captain of the said privateer. And Therfore Craveing to the effect aftermentioned As the said petition Bears. The Lords of Her Majesties Privie Councill haueing considered the petition abovewryten given into them By Charles Cockburn son to Adam Cockburn of Ormistoun And the samen being read in there presence The saids Lords Doe hereby Declair and Enact that how soon the petitioner shall be sett at liberty by the French With full freedome to goe about his privat affaires and have a valid and authentick pass for that effect, That then the saids Lords will sett at Liberty Jacobus Soetenaey Captain of the French privateer taken by Captain Gordon in Scotland. With full liberty and freedome to him to return home. And the saids Lords, Doe heirby appoint and Ordaine there Clerks of Councill ane Extract of the forsaid petition and Interloquitor followeing theron under ther hands and the seall of Councill to the effect forsaid.

1. NRS, PC2/28, 286r.

1. NRS, PC2/28, 286r.

Sederunt, 13 June 1704, Edinburgh

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Edinburgh the 13th June 17041

D1704/6/22

Sederunt

Lord Chancellor; Marquis of Annandale P:C.; Duke of Atholl PS:; Earl of Mar; Earl of Buchan; Earl of Eglingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Northesk; Earl of Dunmore; Earl of Roseberry; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Halcraige; Lord Anstruther; Lord Rankillor; Lord Phesdo; Laird of Collingtoun; Laird of Carnwath; Lord Provost of Edinburgh

Edinburgh the 13th June 17041

D1704/6/22

Sederunt

Lord Chancellor; Marquis of Annandale P:C.; Duke of Atholl PS:; Earl of Mar; Earl of Buchan; Earl of Eglingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Northesk; Earl of Dunmore; Earl of Roseberry; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Halcraige; Lord Anstruther; Lord Rankillor; Lord Phesdo; Laird of Collingtoun; Laird of Carnwath; Lord Provost of Edinburgh

1. NRS, PC2/28, 285v.

2. NRS, PC2/28, 285v.

1. NRS, PC2/28, 285v.

2. NRS, PC2/28, 285v.

Procedure, 6 June 1704, Edinburgh

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Edinburgh the 6th June 17041

D1704/6/12

Procedure

[Note of business]

The Councill meet and did noe privat bussiness

Edinburgh the 6th June 17041

D1704/6/12

Procedure

[Note of business]

The Councill meet and did noe privat bussiness

1. NRS, PC2/28, 285v. No sederunt recorded.

2. NRS, PC2/28, 285v.

1. NRS, PC2/28, 285v. No sederunt recorded.

2. NRS, PC2/28, 285v.