A1698/5/1
A1698/5/12
Sederunt
Earl of Melvill P.C.; Earl of Southerland; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Earl of Ruglen; Lord Yester; Viscount Tarbat; Lord Advocate; Lord Justic[e]-Clerk; Laird of Blackbarrony; Lord Provost of Edinburgh
1. NRS, PC1/51, 417.
2. NRS, PC1/51, 417.
1. NRS, PC1/51, 417.
2. NRS, PC1/51, 417.
A1697/5/8
A1697/5/81
Act
Anent the petitione given to the Lords of his Majesties privy Councill By the Tacksemen of his majesties Forraign Customes and excyse Sheuing That wher the burghs royall of this Kingdome doe acclaime a priviledge that Strangers Coming to their burghs or free ports are obleidged to make offer of any Goods they bring for merchandize first to the burgh which if the burgh refuse Then it is Conceaved that the offerers whither a stranger of this Kingdome or a forraigner is noe farder obleidged then the laues and acts of parliament obleidge him Viz to make sale of his goods only to free men of the burgh to which they were offered and att noe Louer rate then the offer uas made all which the petitioners doe acquiesce to and are very farr from quarrelling the priviledge all which the petitioners doe acquiesce to and are very farr from quarrelling the priviledge2 of the burghs royal either granted by Acts of parliament or Generall Conventions of the saids burghs aggreable to the Laues of the Land But the petitioners being Informed of Late that upon the arryvall of shipps uith straingers Goods to some of the saids burghs or their free ports And upon offer made by the saids strangers to the Burghs They upon the burghs refusall have been alloued to make sale of their goods not only uith the said Laufull Conditions of selling to free men and not under the rate offered But with this unuarrantable Condition that they should only sell in haullsale which some burgesses of the saids free burroues misted by their oune Interest doe Interpret in a very arbitrary manner Viz that the said Strangers should sell aither the whole Cargoe to one man or Company or at Leist if the Cargoe belong to severall ouners that it can be sold noe otheruayes then by every ouner selling his Intire Interest to one man or Company which the petitioners humbly Conceave Is uithout all Ground or reasone And may Evidently prove a hinderance to the trade of all Strangers tho even of their oun Natione and must tend to the Great prejudice of his Majesties Customes By forcing them In a manner to Carry auay the saids goods out of the Kingdome into forraigne parts wher noe such restraint is in use wheras on the other hand It is Clear and obvious That not to sell save in haill sale hath noe other meaning But not to sell by retaill or in Lesser quantaties then the peices Binds or Casks wherin the Goods are brought home And seing that this hath been the knouen practice as to Goods brought home in partes which have aluayes been alloued after offer to be sold in stacks pieces or parcells uncutt And that it Belongs to the Lords of privie Councill to declare the true meaning of what is haill sale or what not as being of Generall Concerne and greatly to the Interest of his Majesties Customes And therfore Humblie Craving their Lordships In Consideration of the premisses to declare that the Meaning to sell in haill sale is not to sell by retaile That is that forraign Goods of whatsoever sort dry or Liquid may be sold in the peices or Casks wherin they are brought home as haill sale And that it is only Retaill when the said peices or Casks are broke and sold in Lesser quantities And that when this rule is observed uith the other Legall Conditions above acknouledged Strangers whither of this Nation or Forraigners may after due offer made to the burgh wher the goods happen to arryve freely sell uithout Lett or Impediment or at Leist that their Lordships would Give their determination in the premisses restricted to the said ship and Cargoe of Canary now Lying in the road of Leith and that hath been offered to the burgh of Edinburgh as the said petition Bears The saids Lords of his Majesties privie Councill Having Considered this petitione given in to them By the saids tacksemen of the forraign Customes and excyse with the ansuers made therto for the toune of Edinburgh And the Lord Advocat for his Majesties Interest And the toune of Edinburgh and their Lauyers Viz Sir Patrick Home and Mr Hugh Dalrymple advocats Being fullie heard And the provost Baillies and dean of Gild having appeared personallie And the saids Lords Having Considered the Charter produced for the toune of Edinburgh uith the haill debate In this affair They Find that the ouners of the Cargoe of Canary brought home by Glasgou men in the Ship lying in the road of Leith Called to Adventure of Glasgou Having been offered to the magistrats of Edinburgh and by them being alloued to be sold in haill sale at a Certain pryce per Butt or pype to Burgesses freemen of Edinburgh The saids Lords of his Majesties privy Councill Finds that selling in the Binds and Casks wherin the Canary came home uithout breaking or altering the same Is to sell in haill sale And therfore alloues the ouners of the said Canary to sell the same to merchants and burgesses freemen of Edinburgh according to that rule and not under the pryce For which the Canary uas offered to be sold for the toune of Edinburgh.
1. NRS, PC1/51, 201-3.
2. Sic.
1. NRS, PC1/51, 201-3.
2. Sic.
A1697/5/7
A1697/5/71
Warrant
The Lords of his Majesties privie Councill doe heirby Recommend to Sir James Steuart his majesties advocat to wryte in name and authority of the Councill to the magistrats of the severall maritime townes uithin the firth That they proportion amongst them and furnish to Captain […] Burd Commander of a man of warr belonging to this Kingdome the number of tuenty sufficient seamen And if the said tuenty men be not2 Immediatly funished That the magistrats send in to the Councill Lists of all the seamen uithin their respective bounds uith Certification that the Councill will take another order for uplifting of the said seamen as Law will allow.
1. NRS, PC1/51, 200-1.
2. The word ‘sufficiently’ scored out here.
1. NRS, PC1/51, 200-1.
2. The word ‘sufficiently’ scored out here.
A1697/5/6
A1697/5/61
Warrant
The Lords of his Majesties privie Councill doe heirby allow their Clerks to receave Sir Hugh Campbell of Calder elder as Cautioner for the Laird of Lochzell In the bond to be Given by Lochziell for his peacable behaviour and appearance when Called for.
1. NRS, PC1/51, 200.
1. NRS, PC1/51, 200.
A1697/5/5
A1697/5/52
Sederunt
Lord Chancelor; Earl of Southerland; Earl of Loudoun; Earl of Annandale; Earl of Forfar; Lord Advocat; Lord Anstruther; Mr Francis Montgomery; Laird of Blackbarrony; Provost of Edinburgh
1. NRS, PC1/51, 200.
2. NRS, PC1/51, 200.
1. NRS, PC1/51, 200.
2. NRS, PC1/51, 200.
A1697/5/4
A1697/5/41
Proclamation
The proclamation afterinsert was votted approven and signed wherof the tenor folloues
William by the Grace of God King of Great Brittaine France and Ireland defender of the faith To […] Macers of our privie Councill messengers at arms our shirreffs in that part Conjunctly and Severally speciallie Constitut Greeting Forasmuch as we understand that severall persons both natives and forraigners presume to Import into this Kingdome forraign black money as the black money called the French doyetts and Irish halfe pennies and other Copper or brass Coyn of that sort which is Contrary to the Laues of this our antient Kingdome and manifestly prejudiciall to the mint and Coynadge therof Therfore we uith advyce of the Lords of our privie Counsell Have thought fitt to discharge and doe heirby discharge all foraign black money and all brass or Copper Coyne whatsomever not Coyned at our Mint in this our antient Kingdome to be therunto Imported under the paine of Confiscation of what shall be Imported in the Contrary and such other paines as the Laues Inflicts upon such Importers And furder we uith advyce forsaid ordaine that no such forraign or black money or Copper or brass Coyne not Coinned uithin this our realme have Course therein or be offered in payments after the day and date hereof under the paine of ten pounds toties quoties to be exacted by the next Magistrat In case of transgression of the premisses By and att our Confiscation of the brass and Copper money to be Imported or offered in payments Contrarie hereunto Our Will is Herefore And wee Charge yow Strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and remanent mercat Crosses of the head burghs of the severall shires and steuartries uithin this Kingdome And ther In our name and authority by open proclamation make Intimation hereof that none may pretend Ignorance And ordaines these presents to be printed Given under our Signett att Edinburgh the fourth day of May and of our reigne the nynth year sic subscribitur.
1. NRS, PC1/51, 199-200.
1. NRS, PC1/51, 199-200.
A1697/5/3
A1697/5/31
Warrant
Sir James Steuart his Majesties Advocat Having represented to the Lords of his Majesties privy Councill That ther is a Commission for the peace of the highlands which hes some blanks therin And that it is not Convenient it pass the Sealls with the blanks unfilled up And that it is not Convenient they be filled up by order of Councill And that the blanks are a day for the first Generall meeting of the Commissioners to be att Forfar and a persone in case of the absence of the Earle of Argyll to be Convener for the west district Including the shires of Argyll Tarbat and Bute The saids Lords appointes the first teusday of June nixt to Come to be Insert in the first blank And ordaines Mr John Campbell shirref deput of Argyll to be insert in the other blank For which this shall be to all Concerned a sufficient warrand.
1. NRS, PC1/51, 199.
1. NRS, PC1/51, 199.
A1697/5/2
A1697/5/21
Procedure
The Lord High Chancelor Having represented to the Councill that he had a patent of honour from his Majesty Creating and nominating him to be Earle of Marchmont viscount of Blasonberrie Lord Poluarth of Poluarth Reidbraes and Greenlaw And that the same was to be offered to the Councill board And therfore he uould remove himself till it was read and Leave their Lordships to Elect their oune preses And the Lord High Chancelor Having removed The Councill Elected the Earle of Annandale to be their preses till the gift of patent of honour were read which being read the Earle of Forfar was Commissionat by the Councill to Acuqaint the Lord High Chancelor that the same was done And after reading the Earle of Annandale preses delyvered the same to the Lord Raith who receaved it upon his Knee as is usuall And then the Lord Chancelor Came in and took his chair And the Councill appointed the said patent of honour to be recorded in their books folloues the tenor of the patent
Gulielmus dei gratia Magnae Britaniae Franciae et Hyberniae Rex fideique defensor Omnibus probis hominibus suis ad quos praesentes literae nostrae pervenrint Salutem Quandoquidem nos regio nostro animo perpendentes officia Insignia et fidelia nobis et coronae ac regno nostro Scotiae prestita per fidelissimum et dilectissimum nostrum Consiliarium Patricium Dominum Poluarth summum nostrum Dicti regni Cancellarium Per quae ipsius antecessores et progenitores in summis illis provinciis et muneribus Civilibus et militaribus Per serenissimos nostros Decessores2 Scotiae regio3 iis Concreditis Ciuinirum4 in officio summi Thesaurarii dicti regni atque Custodis limitum orientalium Scotiae versus Angliam) ipsumque Patricium Dominum Poluarth plurima aegregia et Insignia dedisse specimina firmae suae adhesionis religioni reformatae examplaris Etiam ipsius fidelitatis et Intaminatae fidei in asserendis et pro pugnandis Juribus et prerogativis Coronae et monarchiae ac Legibus et Libertatibus dicti nostri antiqui regni temporibus etiam periculossissimis et maximarum difficultatum nos etiam In memoriam revocantes quod in Celeberrima et gloriossissima nostra expeditione pro liberandis et preservandis hoc aliisque aliisque nostris regnis a papissmo et Tyrannede Dictus Patricius Dominus Poluarth nos concomitatus est a Hollandia et Continuo ab eo tempore fideliter et diligenter nobis officium praebuit in promovendo et perficiendo auspicatissimo illo proposito atque etiam officiis et Muneribus a nobis ipsi Concreditis fidelissime functus est utque dictus dominus Patricius Poluarth ulterius animetur in fidelitate sedulitate in prestandis Ministeriis summis illis muneribus a nobis ipsi Concreditis Consentaneis Persistere Noveritis igitur nos fecisse Constituisse et Creasse sicuti per hasce nostras Patentes Literas facimus Constitu[i]mus et Creamus Eundem Dominum Patricium Poluarth Comitem De Marchmont vice Comitem de Blasonberry Dominum Poluarth de Poluarth Reidbraes et Greenlaw Damus pariter et Concedimus Dicto Patricio Domino Poluarth ejusque haeredibus masculis quibuscunque omni tempore futuro titulum dignitatem ordinem Gradum et honorem Comitis et vicecomitis cum universis et singulis praerogativis praeeminentiis praecedentiis privilegiis Libertatibus et Immunitatibus quibuscunque eo spectantibus cum quo titulo honore Gradu et dignitate per presentes Investimus et Inauguramus dictum Patricium Dominum Poluarth ejusque haeredes masculos Comites de Marchmont Vicecomites de Blasonberry et Dominos de Poluarth Reidbraes et Greenlaw omni tempore futuro designandos et appellandos Tenendum et habendum eundem titulum honorem Gradum et dignitatem Comitis et vicecomitis cum omnibus et singulis praerogativis honoribus et libertatibus eo spectantibus praedicto domino Patricio Poluarth ejusque antedictis De nobis nostris que Successoribus in perpetuum In omnibus et singulis Parliamentis Generalibus Consiliis ordinum Conventibus aliisque Publicis Conventibus quibuscunque Cum omnibus et singulis privilegiis et Immunitatibus eo spectantibus quaeve nunc aut in posterum spectasse seu spectare dignoscentur ad quemvis Comitem seu vicecomitem in dicto regno quovis tempore preterito seu futuro Volumus pariter et ordinamus quod uxor et liberi domini Poluarth habebunt et possidebunt dignitatem locum et praecedentiam uxoribus et liberis Comitum et vicecomitum debita dispensando cum Generalitate praesentium Imperamus Etiam Leoni regi armorum ejusque fratribus faeciliabus dare et praescribere dicto domino Poluarth nunc Comiti de Marchmont ejusmodi additamenta Paludamenta5 et Insigniis suis Gentiliciis qua6 talibus casibus sunt usitata Ordinamus denique hoc nostrum deploma adeo validum et efficiens esse dicto domino Poluarth ejusque praedictis pro possidendo et Gaudendo dicto titulo honore et dignitate Comitis et vicecomitis cum privilegiis eo spectantibus ac sicum7 omnibus solemnitatibus antiquitus usitatis Investitus et Inauguratus fuisset In Cujus rei tesimonium presentibus magnum sigillum nostrum et etiam secretum appendi praecipimus Apud aulam nostram De Kensingtoun vigesimo tertio die mensis Aprilis anno domini millesimo sexcentesimo nonagesimo septimo et anno regni nostri nono Per signaturam manu S: D: N: Regis supra signatam wryten to the Great Seall and registrat the last day of Aprile Jaj vjc nyntie seven sic subscribitur Charles Ker sealled at Edinburgh the first day of May Jaj vjc nyntie seven sic subscribitur Home Edinburgh the first day of May Jaj vjc nyntie seven years The privie seall appended by sic subscribitur Francis Wilsone
1. NRS, PC1/51, 197-9.
2. Sic.
3. Sic. Recte regios.
4. Sic. Recte nimirum?
5. Sic. Recte paludamento.
6. Sic. Recte quae.
7. Sic.
1. NRS, PC1/51, 197-9.
2. Sic.
3. Sic. Recte regios.
4. Sic. Recte nimirum?
5. Sic. Recte paludamento.
6. Sic. Recte quae.
7. Sic.
A1697/5/1
A1697/5/12
Sederunt
Lord Chancelor; Earl of Southerland; Earl of Lauderdale; Earl of Annandale; Earl of Forfar; Earl of Ruglen; Lord Raith; Lord Advocat; Mr Francis Montgomery; Laird of Blackbarrony; Provost of Edinburgh
1. NRS, PC1/51, 197.
2. NRS, PC1/51, 197.
1. NRS, PC1/51, 197.
2. NRS, PC1/51, 197.
A1696/5/51
A1696/5/511
Procedure
The Earle of Leven presented the Association subscribed by his Lordships and the rest of the officers and souldiers of the garrisone of the Castle of Edinburgh which was ordered to be Laid up amongst the rest
1. NRS, PC1/50, 535.
1. NRS, PC1/50, 535.