Eodem Die [13 March 1701] post Merediem

D1701/3/23

D1701/3/23¹

Act

Act The Managers of the Caird Manufactorie of Leith Continueing their priviledges

Anent the petition given in and presented to the Lords of Her Majesties privie Councill by John Hay William Adam and Euin Macgreigor for themselves and their pairtners in the Caird Manufactorie at Leith Shewing That where both by Letters patent under the great seall and severall acts of parliament privie Councill and Exchequer the Caird work at Leith hath bein Erected and established into a Manufactorie with sundrie rights Immunities and priviedges to be enjoyed by them Dureing the time and space therin exprest and by experience it being found that the forsaid Manufactorie is both necessary and usefull to the Nation and hath allwayes bein specially countenanced and taken care of by the Government wpon that account and aught now much more to be preserved, mantained and Incurraged when under all the dificulties and discurragemetns they have met with They have attained to that prefection in makeing of Cairds That their sufficencie is found and plainly attested by all the Manufactories in the Kingdome that make use of Wooll and Tow Ciards As Certificats shouen to the saids Lords hes testified Lykeas if the priviledges and Immunities heirofore enjoyed by them under their Lordships Countenance and favour They can make cairds in such quantities that they are weell able to serve and furnish the whole Kingdome albeit they doe not pretend to the priviledge and hindering and discourageing any other Caird Manufactories to be sett up within the Kingdome And besyds all this tho at first the saids petitiones brought home workmen from abroad with great Charges Yet now they Imploy only scotsmen of their oune breeding and at some times maintained near ane hundreth Families at this work which if it should be suffered to decay would be in hazard of starveing and be in ruine And seeing by severall acts of parliament And particularly by the tuelth act of the parliament J^aj vj^c Eightie seven Their Lordships are Impouered and authorized not only to erect Manufactories But Lykewayes to Declare works already sett up to be Manufactories and to grant in thair favours the severall rights priviledges and Immunities provyded by the severall acts of parliament made theranent And Therfore Humbly Supplicating The saids Lords would be pleased to continue and Declare the saids petitioners and their pairtners to be ane Manufactorie And to grant them and their successors in the said Caird works at Leith all priviledges, rights, Liberties, and Immunitiy granted and provuded in favours of this Manufactorie for the space of nyntein years next after the date heirof or such space as the said Lords shall think fitt As the said petition bears Which petition being read in presence of the saids Lords shall think fitt As the said petition bears Which petition being read in presence of the saids Lords They wpon the tuenty fyft day of Febrwary last Nominated and ppoynted some of their oune number to be a Committie to meet and consdier and sett doun rules anent Manufactoriess and the regulating therof in time comeing Which Committtee haveing upon the tuelth day of March instant met and haveing seen the patent under the great seall for the Caird Manufactorie at Leith Togither with the acts of Councill and Exchequer And also Certificats from severall of the Cheiff Manufactories of this Nation hes by the Import of old and Furbished Cairds And haveing considered the petition given in by the said Caird Manufactorie to the Secret Councill It is the Committies opinion that the act of Exhcequer of the Fiftein of July J^aj v_j^c Eightie one years Which relates especially to the prohibition of Importing old and Furbished Cairds be Renewed and extended to all time comeing That being both for the Advantage of the Nation and conforme to the act of parliament of the date the tuenty nynth of September J^aj vj^c sixtie three years As Also that their former priviledges of Freedom from Custom and duties as to the goods Imported for the use of their Manufactorie be restricted to wyer Imported for their use allennarly and as to wyer That it be extended for all tyme comeing and this but prejudice to any other of the Leidges to set up Caird Manufactories at their pleasure and with the same priviledges As the said Report subscrvyed by the said Committie Extant in proces bears Which Report being this day read In presence of the saids Lords of His Majesties privie Councill And they haveing at length considered the same They Have Approven and heirby Approves of the said Report And have appoynted this act to be extended in the termes therof

Eodem Die [13 March 1701] post Merediem

D1701/3/22

D1701/3/22¹

Act

Act Francis Scott and George Rutherfoord anent a Horse

Anent a petition given in and presented to the Lord of His Majesties privie Councill By Francis Sctt one of the Gentlemen of His Majesties horse guairds Humblie Shewing That where by the Laues and acts of parliament of this Kingdome and constant practices alloued in such cases The Collectors or Tacksmen of His Majesties supplie are authorized to quarter souldiers upon the Commissioners of Supplie in the severall shires of the Kingdome for what they happin to be deficient in of their proportion of the said supplie In persewance wherof the deceast Sir James Oswald and James Dunlop Collectors Tacksmen or Generall receavers of His Majesties supplie haveing wpon the fyftein day of August J^aj vj^c years granted order and warrand to the petitioner to take a partie under his Command and quarter upon the Commissioners of the shire of Roxburgh conforme to ane act of parliament for the soume of ane hundreth and tuenty fyve pund fourtein shilling one pennie scots being. supplie due by said shire and the petitioner haveing by vertue of the said order quartered upon the said Commissioners for a considerable space And haveing receaved no payment He at length wpon the nynt day of September last by past Legally poynded ane horse from George Rutherfoord of Ferningtoun one of the Commissioners of the said shire for the ryding mony due to him and the said partie for the said quartering The said George Rutherfoord therupon has lately given in a Complaint to the saids Lords alleadging the petitioenr had uwarrantably Intrometted with and way taken the said horse from him and obtained a warrand without hearing for Imprisoning the petitioners person and hes actwally Imprisoned him within the Tolbooth of Edinburgh where he hes bein detained these sevearll dayes bygone And seing such practices commited by the said George Rutherfoord by misinforming the saids Lords of Councill were altogither unwarrantable tending to discourage these in His Majesties service in the execution of their duty, and merits the saids Lords their consideration Therfore Craveing The saids Lords to take the premises and the dangerous consequences that may follow wpon such practices to their serious consideration And therupon to ordain the petitioner to be sett at Libertie that he may attend his duty till he the said George Rutherfoord by fairly heared anent the premises And the petitioner was willing to find Caution to ansuer to the said George Rutherfood his complaint as accords of the Law The said George Rutherford in like mainer finding Caution To Anser the petitioner his said wrongous Imprisonment As the said petition bears The Lords of His Majesties privie Councill haveing considered the above petition given in to them by the above Francis Scot And another petition by way of Ansuer therto by the said George Rutherfoord of Farningtoune by way of answuer therto They heirby Decerne the said Francis Scott in the soume of ten pund starling as the pryce of the said George Rutherfoods horse And gives order and warrand to the Magistrats of Edinburgh and keepers of their tolbooth to sett the said petitioner at libertie furth therof He first before his Liebration makeing payment to the said George Rutherfoord of the said soume of Ten pounds starling as the pryce of his said horse mentioned in the said petition And alse Giveing bond to the said George Charger that he the said Frances Scot shall make payment and satisfaction to the said George Rutherfoord for himself and as haveing Commission from the shyre of Roxburgh of the expenses deburssed by him in the saids two bills according as the same shall be Liquidat and modified by the Councill

Eodem Die [13 March 1701] post Merediem

D1701/3/21

D1701/3/21¹

Act

Anent the petition given in and presented to the Lords of His majesties privie Councill by James Macabine Gairdner in Glenbucket William Gordon in Easter Bucket Robert Smith in Balnaglack Robert Couts in Rippachie William Brodie in Balnacraig Christian Gibben in East² Bucket John M’Kock in Terrentoule James Smith in Glenkindie John Braikner servitor to Glenbucket James Ray Merchant Arthuar Mores in Balnacraig James Gordon in Dauch of Carensie and John Stewart servitor to Assuandlie Humbly Shewing That upon Citations given to each of the petitioners by vertue of Councill Letters raised at the instance of Alexander Strauchan of Glenkindie James Menzies Tutor of Weem and Alexander Gordon of Campbell against the severall persons therin named The petitioners cam from their oune houses wpon the tuenty eight day of December last in order to appear before the saids Lords And depone on what should be admitted to their oaths (And they were non of the witneses for whom the persewars sought protection) Have bein along time at this place and being all poor Laubourers of the Ground neir fouscore miles distant from their oune houses Cannot be in equitie desired to attend any longer seeing the seed time is approaching Their affairs at home altogither neglected and they much straitned for mentinance wherby their ruine most inevitablie Follow Except the saids Lords Immediatly provided a remedie by ordering them instantly to be examined or permitted by their Lordships to depairt Home And by ordering the said persewars Conjunctly and severally to pay each of the petitioners their expenses at eight shilling per diem there being sixtie eight dayes alreadie past and at least fyve dayes to be allocated for their home goeing which at eight shilling per day being the least that ever was alloued to any witneses Amounting to tuenty nyn pund four shilling scots money to each of the petitioners on the six day of March instant Therfore Craveing the saids Lords to consider the premises and the petitioners sad condition and strait in this season of the year and aither ordain the petitioners instantly to be examined or otherwayes that their Lordships would allow Alexander Strauchan James Menzies and Alexander Gordon Conjucntlie and severally or aither of them as their Lordships shall think proper To make payment to them and each of them of their saids expenses at eight shilling per diem for the saids seventie three dayes ammounting to tuenty nyn pund four shilling per peice As allso to allow the petitioners and Decerne them in the expenses of the said petition and act if any should be extracted therupon Conforme to the dues therof And farder to Decerne them in the expenses of the said petition and act if any should be extracted therupon Conforme to the fues therof And farder to Decerne them to pay to the petitionrs what their Lordships shall think fitt for each day the saids expenses shall happen to be unopayed And to grant warrant for Letters of Horning for all these expenses As the said petition bears The Lords of his Majesties privie Councill haveing considered the above petition given into them for the witneses abovenamed Cited in the proces at the instance of Alexander Strauchan of Glenkindie Captain James Menzies Tutor³ of Weem and Alexander Gordon younger of Campbell Against […] Cruickshanks and others with the Citations given to their Respective witneses They heirby Decerne and ordain the saids persewars equally amongst them to make payment of the saids witnesses their expenses from the […] day of […] to the […] day of […] at eight shilling scots per diem to each man And the saids Lords Declares that whatsoever is payed by aither of the persewars to any of the saids witneses shall be defaiked of the first and of the soumes heirby Decerned And ordains Letters of horning to be direct heirupon against the saids persewars for payment of the saids expenses heirby Decerned upon Fyftein dayes and others neidfull to pass heiron in forme as effeirs And the Councill DEclares any tuo of the Comitie in the said proces to be a sufficient quorum