Act, 7 November 1704, Edinburgh

Edinburgh the 7th November 1704

D1704/11/51

Act

Act in favours of Sir James Dalrymple for printing a book

The Lords of her Majesties privie Councill Doe heirby Grant to Sir James Dalrymple on of the Clerks of Councell and Session his airs and assigney’s the sole priviledge of printing vending and seeling ane book Entituled Collections concerning the Scottish History preceeding the Death of King David the first In the year One thousand one hundered and Fiftie three, wherin the soveraignity of the Croun and the Independency of the Church is cleared with ane account of the antiquity and purity of the Scottish Brittish Church and the Novelty of popery in this Kingdome and Discharges all other persones whatsomever to print Reprint sell or import into this Kingdome any of the saids books for the space of nynteen years from the Date heirof and that under the pain and penalty of Confiscation of the saids books, to the use of the said Sir James Dalrymple or his forsaids and furder under the penalty of fyve hundred merks Scots money to be payed by the Contraveeners to the said Sir James Dalrymple or his forsaids Besides the seizure and forfaulture forsaid.

Edinburgh the 7th November 1704

D1704/11/51

Act

Act in favours of Sir James Dalrymple for printing a book

The Lords of her Majesties privie Councill Doe heirby Grant to Sir James Dalrymple on of the Clerks of Councell and Session his airs and assigney’s the sole priviledge of printing vending and seeling ane book Entituled Collections concerning the Scottish History preceeding the Death of King David the first In the year One thousand one hundered and Fiftie three, wherin the soveraignity of the Croun and the Independency of the Church is cleared with ane account of the antiquity and purity of the Scottish Brittish Church and the Novelty of popery in this Kingdome and Discharges all other persones whatsomever to print Reprint sell or import into this Kingdome any of the saids books for the space of nynteen years from the Date heirof and that under the pain and penalty of Confiscation of the saids books, to the use of the said Sir James Dalrymple or his forsaids and furder under the penalty of fyve hundred merks Scots money to be payed by the Contraveeners to the said Sir James Dalrymple or his forsaids Besides the seizure and forfaulture forsaid.

1. NRS, PC2/28, 299r-299v.

1. NRS, PC2/28, 299r-299v.

Act, 7 November 1704, Edinburgh

Edinburgh the 7th November 1704

D1704/11/41

Act

Act the Toun of Edinburgh, and Recommendation to the advocat to call for George Drummond and adjust matters, betwixt him and the Toun anent criminall prisoners

Anent the petition given in and presented to the Lords of her Majesties privie Councill by the Lord provost Magistrats and Counsell of Edinburgh, Shewing that wher their Lordships upon the third of October last being the Day of their annall2 Election of the Magistrats ther was procured from their Lordships ane act in favours of George Drummond Keeper of their Tolbooth of Edinburgh for payment making to him of the house dues of all prisoners as had been or should be incarcerat for murder thift and other such Crimes against which they Creave leave humbly to represent to their Lordships that this is a new unpresedented thing never before hard of, and they are certainly informed that their Lordships opinion were only that the Good Toune of Edinburgh were obliedged to provyde a sufficient Goall for keeping such prisoners, as all other Royall Burghs are obliedged to doe but that no payment of these dues by them to any of their Keepers was ever designed by their Lordships. And therfore Creaving their Lordships to reconsider and rectifie the forsaid act, as the said petition bears. The Lords of her Majesties privie Councill having Considered the above petition, Given in to them by the Lord Provost Magistrats and Councell of the Burgh of Edinburgh and the samen being read in their presence the saids Lords doe heirby stop all Execution to be past on ane act of their Lordships, In favours of George Drummond Keeper of the Tolbooth of Edinburgh of the Date the third day of october last, and Recommends to the Lord advocat and Provost of Edinburgh to call for the said George Drummond and adjust all Differences and matters betwixt the saids magistrats and Toun Councill of Edinburgh and him anent the house dues for Criminall prisoners at the sight of the Lords of her Majesties Thesaury allenarly.

Edinburgh the 7th November 1704

D1704/11/41

Act

Act the Toun of Edinburgh, and Recommendation to the advocat to call for George Drummond and adjust matters, betwixt him and the Toun anent criminall prisoners

Anent the petition given in and presented to the Lords of her Majesties privie Councill by the Lord provost Magistrats and Counsell of Edinburgh, Shewing that wher their Lordships upon the third of October last being the Day of their annall2 Election of the Magistrats ther was procured from their Lordships ane act in favours of George Drummond Keeper of their Tolbooth of Edinburgh for payment making to him of the house dues of all prisoners as had been or should be incarcerat for murder thift and other such Crimes against which they Creave leave humbly to represent to their Lordships that this is a new unpresedented thing never before hard of, and they are certainly informed that their Lordships opinion were only that the Good Toune of Edinburgh were obliedged to provyde a sufficient Goall for keeping such prisoners, as all other Royall Burghs are obliedged to doe but that no payment of these dues by them to any of their Keepers was ever designed by their Lordships. And therfore Creaving their Lordships to reconsider and rectifie the forsaid act, as the said petition bears. The Lords of her Majesties privie Councill having Considered the above petition, Given in to them by the Lord Provost Magistrats and Councell of the Burgh of Edinburgh and the samen being read in their presence the saids Lords doe heirby stop all Execution to be past on ane act of their Lordships, In favours of George Drummond Keeper of the Tolbooth of Edinburgh of the Date the third day of october last, and Recommends to the Lord advocat and Provost of Edinburgh to call for the said George Drummond and adjust all Differences and matters betwixt the saids magistrats and Toun Councill of Edinburgh and him anent the house dues for Criminall prisoners at the sight of the Lords of her Majesties Thesaury allenarly.

1. NRS, PC2/28, 298v-299r.

2. Sic.

1. NRS, PC2/28, 298v-299r.

2. Sic.

Warrant, 7 November 1704, Edinburgh

Edinburgh the 7th November 1704

D1704/11/31

Warrant

Warrand for passing Sir Francis Scotts Commission to be Master of work per Saltum

Anent the petition given in and presented to the Lords of her Majesties privie Councill by Sir Francis Scott of Thirlstane, Shewing that wher her Majestie hes been graciously pleased to grant the petitioner ane Commission to be Master of works within the Kingdome, which Commission wants the ordinar warrant for passing the great seall per saltum, and their Lordships being in use to Supply the samen in common forme And therfore Creaving to the effect aftermentioned as the said petition bears. The Lords of her Majesties privie Councill having Considered the above petition given in to them by Sir Francis Scott of Thirleston and the samen being read in their presence The saids Lords doe heirby appoynt and ordain the Commission in favours of the petitioner to be master of work to pass the great seall per Saltum, and for that effect Grants warrand to the Director of her Majesties Chancellary and his Deputs for wryting therof, and to the Keepers of the great seall to append the samen therto without passing any other Register or Seall

Edinburgh the 7th November 1704

D1704/11/31

Warrant

Warrand for passing Sir Francis Scotts Commission to be Master of work per Saltum

Anent the petition given in and presented to the Lords of her Majesties privie Councill by Sir Francis Scott of Thirlstane, Shewing that wher her Majestie hes been graciously pleased to grant the petitioner ane Commission to be Master of works within the Kingdome, which Commission wants the ordinar warrant for passing the great seall per saltum, and their Lordships being in use to Supply the samen in common forme And therfore Creaving to the effect aftermentioned as the said petition bears. The Lords of her Majesties privie Councill having Considered the above petition given in to them by Sir Francis Scott of Thirleston and the samen being read in their presence The saids Lords doe heirby appoynt and ordain the Commission in favours of the petitioner to be master of work to pass the great seall per Saltum, and for that effect Grants warrand to the Director of her Majesties Chancellary and his Deputs for wryting therof, and to the Keepers of the great seall to append the samen therto without passing any other Register or Seall

1. NRS, PC2/28, 298v.

1. NRS, PC2/28, 298v.

Warrant, 7 November 1704, Edinburgh

Edinburgh the 7th November 1704

D1704/11/21

Warrant

Warrand to the Clerks of Councill to give out the Commission in favours of Megnish to be stewart of Strathren

The Lords of her Majesties privie Councill Doe heirby appoynt and ordain their Clerks to give out the Commission in favours of Adam Drummond of Megnish to be Stewart of Strathren of the Date the twentie eight day of March last bypast and that in respect of ane letter from the Viscount of Dupline to Mr James Graham of Newyoun Shewing His Consent and willingness therto.

Edinburgh the 7th November 1704

D1704/11/21

Warrant

Warrand to the Clerks of Councill to give out the Commission in favours of Megnish to be stewart of Strathren

The Lords of her Majesties privie Councill Doe heirby appoynt and ordain their Clerks to give out the Commission in favours of Adam Drummond of Megnish to be Stewart of Strathren of the Date the twentie eight day of March last bypast and that in respect of ane letter from the Viscount of Dupline to Mr James Graham of Newyoun Shewing His Consent and willingness therto.

1. NRS, PC2/28, 298v.

1. NRS, PC2/28, 298v.

Sederunt, 7 November 1704, Edinburgh

Edinburgh the 7th November 17041

D1704/11/12

Sederunt

Marquis of Annandale P:C:; Earl of Lauderdale; Earl of Forfar; Lord President of Session; Lord Advocat; Lord Halcraig; Lord Enstruther; Lord Rankeilor; Mr Francis Montgomery; Lord Collingtoun; Lord Stevensone; Lord Carnwath; Lord Provost of Edinburgh

Edinburgh the 7th November 17041

D1704/11/12

Sederunt

Marquis of Annandale P:C:; Earl of Lauderdale; Earl of Forfar; Lord President of Session; Lord Advocat; Lord Halcraig; Lord Enstruther; Lord Rankeilor; Mr Francis Montgomery; Lord Collingtoun; Lord Stevensone; Lord Carnwath; Lord Provost of Edinburgh

1. NRS, PC2/28, 298r.

2. NRS, PC2/28, 298r.

1. NRS, PC2/28, 298r.

2. NRS, PC2/28, 298r.

Act, 25 November 1703, Edinburgh

Edinburgh the 25th November 1703

D1703/11/91

Act

Act In favours off The Countes off Seaforth

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Frances Countes of Seafort Shewing That where after a long and tedious proces Befoir the Lords off Session The petitioner obtained ane Decreit of Aliment For 500 pound sterling against the Chamberlands and tennents off the Estate off Seafort And have caused Chairge them with Horning To which they have given noe obediance and there being noe saiff access to doe other dilligence either by poynding or Caption in that unaccessible countrey without the assistance off a pairt off Her Majesties forces Which their Lordships are in use to grant upon such Extraordinary occasiones And Therfore Creaving their Lordships To give warrand to such a pairty off Her Majesties forces As their Lordships shall think fit to assist For makeing the Law effectwall for recovering off the said aliment As the said petitione Bears Which petition being upon the Eleventh off November Instant read in presence off the saids Lords They delayed the samen till the nixt Councill day Thereafter the said petition being moved in Councill upon the day and date off thir presents There was another petition given in and presented to the saids Lords by the Freinds Creditors and Tennents of the estate off Seaforth In answer to the forsaid petition Shewing that there being a petition presented to their Lordships By Francis Countes off Seaforth Desireing a warrand from their Lordships for the assistance off Her Majesties forces To lift her Joynteur or aliment Which is a desire boeth conterar to Law and to their Lordships ordinar procedour In administration of Justice for albeit It be not denyed That their Lordships in some extraordinary Caices Hes allowed the forces to assist the Execution off the Kings letters wher the Country is broken and there is noe free access or where messengers hes been deforced Wherby her Majesties authoritie has been bafled neither off which can be pretended in this caice seeing the Lady does live in the midest off the Countrie paceably and hes her officers and messengers daily goeing to the remotest pairts of the Country at her pleasure without any pretence off resistance or deforcement and it is evident that in this caice That neo body would desire a military force to goe into the Country to oppress and distroy the poor tennents But such as hes noe concerne for the good and standing off the famillie But hes a designe to ruine the same As it is too evident this Ladie hes But that which makes the Ladyes desire appear very confident at this tyme is that she is presently lying under a Councill process for stealling a way her sone and sending him abroad to popish schoolls to breed him a papist and that conterar to and in contempt of two severall acts off Councill as is evident from the records of Councill And indeed It would reflect very much upon the Lords of Councill If they should imploy Her Majesties forces to uplift the rents of the Estate off Seaforth to be given to his mother to send to Saint Omers to educat his sone popish For it is evident that soe long as she can gett money by any means to edcuat him there she will never bring him home And Therfore humbly creaving That their Lordships will not only refuise the desire off the Ladies bill as to the desire off the forces But lykewayes will order Her Majesties Advocat to insist in the proces againest her for carying away her sone And in the mean tyme to Dischairge the tennents and Chamberlains To pay her any rent untill she present her sone befoir their Lordships which is the easiest punishment that can be put upon her for soe notable offence and such ane affront done to the Government and will be most effectuall For retryveing the Earle of Seaforth from his popish Education which is a great concern to the nation in generall As the said petition bears The Lords of Her Majesties privie Councill Haveing Considered the above petition given into them by the above Francis Countes off Seaforth Togither with answers given in therto By the Freinds Creditors and tennents of the Estate off the forth And the samen being read in ther presence The saids Lords Doe heirby Recommend to Livetennent Generall George Ramsay Commander in Cheiff off Her Majesties forces To send such a pairty off Her Majesties forces as he shall think fit To assist the petitioner In making the Law effectuall for recovering of her aliment off Five Hundereth pound sterling Granted to her by the Lords of Session against the Chamberlaines and tennents off the Estate of Seaforth

Edinburgh the 25th November 1703

D1703/11/91

Act

Act In favours off The Countes off Seaforth

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Frances Countes of Seafort Shewing That where after a long and tedious proces Befoir the Lords off Session The petitioner obtained ane Decreit of Aliment For 500 pound sterling against the Chamberlands and tennents off the Estate off Seafort And have caused Chairge them with Horning To which they have given noe obediance and there being noe saiff access to doe other dilligence either by poynding or Caption in that unaccessible countrey without the assistance off a pairt off Her Majesties forces Which their Lordships are in use to grant upon such Extraordinary occasiones And Therfore Creaving their Lordships To give warrand to such a pairty off Her Majesties forces As their Lordships shall think fit to assist For makeing the Law effectwall for recovering off the said aliment As the said petitione Bears Which petition being upon the Eleventh off November Instant read in presence off the saids Lords They delayed the samen till the nixt Councill day Thereafter the said petition being moved in Councill upon the day and date off thir presents There was another petition given in and presented to the saids Lords by the Freinds Creditors and Tennents of the estate off Seaforth In answer to the forsaid petition Shewing that there being a petition presented to their Lordships By Francis Countes off Seaforth Desireing a warrand from their Lordships for the assistance off Her Majesties forces To lift her Joynteur or aliment Which is a desire boeth conterar to Law and to their Lordships ordinar procedour In administration of Justice for albeit It be not denyed That their Lordships in some extraordinary Caices Hes allowed the forces to assist the Execution off the Kings letters wher the Country is broken and there is noe free access or where messengers hes been deforced Wherby her Majesties authoritie has been bafled neither off which can be pretended in this caice seeing the Lady does live in the midest off the Countrie paceably and hes her officers and messengers daily goeing to the remotest pairts of the Country at her pleasure without any pretence off resistance or deforcement and it is evident that in this caice That neo body would desire a military force to goe into the Country to oppress and distroy the poor tennents But such as hes noe concerne for the good and standing off the famillie But hes a designe to ruine the same As it is too evident this Ladie hes But that which makes the Ladyes desire appear very confident at this tyme is that she is presently lying under a Councill process for stealling a way her sone and sending him abroad to popish schoolls to breed him a papist and that conterar to and in contempt of two severall acts off Councill as is evident from the records of Councill And indeed It would reflect very much upon the Lords of Councill If they should imploy Her Majesties forces to uplift the rents of the Estate off Seaforth to be given to his mother to send to Saint Omers to educat his sone popish For it is evident that soe long as she can gett money by any means to edcuat him there she will never bring him home And Therfore humbly creaving That their Lordships will not only refuise the desire off the Ladies bill as to the desire off the forces But lykewayes will order Her Majesties Advocat to insist in the proces againest her for carying away her sone And in the mean tyme to Dischairge the tennents and Chamberlains To pay her any rent untill she present her sone befoir their Lordships which is the easiest punishment that can be put upon her for soe notable offence and such ane affront done to the Government and will be most effectuall For retryveing the Earle of Seaforth from his popish Education which is a great concern to the nation in generall As the said petition bears The Lords of Her Majesties privie Councill Haveing Considered the above petition given into them by the above Francis Countes off Seaforth Togither with answers given in therto By the Freinds Creditors and tennents of the Estate off the forth And the samen being read in ther presence The saids Lords Doe heirby Recommend to Livetennent Generall George Ramsay Commander in Cheiff off Her Majesties forces To send such a pairty off Her Majesties forces as he shall think fit To assist the petitioner In making the Law effectuall for recovering of her aliment off Five Hundereth pound sterling Granted to her by the Lords of Session against the Chamberlaines and tennents off the Estate of Seaforth

1. NRS, PC2/28, 274v-275v.

1. NRS, PC2/28, 274v-275v.

Procedure, 25 November 1703, Edinburgh

Edinburgh the 25th November 1703

D1703/11/81

Procedure

[Loudoun elected Preses]

In absence of the Lord High Chancellor and Lord president of privie Councill The Earle of Loudoun Elected preces

Edinburgh the 25th November 1703

D1703/11/81

Procedure

[Loudoun elected Preses]

In absence of the Lord High Chancellor and Lord president of privie Councill The Earle of Loudoun Elected preces

1. NRS, PC2/28, 274v.

1. NRS, PC2/28, 274v.

Sederunt, 25 November 1703, Edinburgh

Edinburgh the 25th November 17031

D1703/11/72

Sederunt

Earl of Loudoun; Earl of Finlater; Earl of Northesk; Earl of Forfar; Earl of Glasgow T:D:; Lord President of Session; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Rankeillor; Lord Phesdo; Lord Tillecultrie; Mr Fra: Montgomry; Laird of Carringtoune; Laird of Prestongrange; Lord Provost of Edinburgh

Edinburgh the 25th November 17031

D1703/11/72

Sederunt

Earl of Loudoun; Earl of Finlater; Earl of Northesk; Earl of Forfar; Earl of Glasgow T:D:; Lord President of Session; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Rankeillor; Lord Phesdo; Lord Tillecultrie; Mr Fra: Montgomry; Laird of Carringtoune; Laird of Prestongrange; Lord Provost of Edinburgh

1. NRS, PC2/28, 274v.

2. NRS, PC2/28, 274v.

1. NRS, PC2/28, 274v.

2. NRS, PC2/28, 274v.

Act, 13 November 1703, Edinburgh

Edinburgh the 13th November 1703 Called Extraordinary

D1703/11/61

Act

Act Infavours off Archbald Hamltoune

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Archbald Hamiltoune of Rosehall Shewing That where Her Majestie was graciously pleased To conferr upon the petitioner the title and honour off Knight and Barronet And it being ommited in the patent to insert a warrand to pass the great seall per saltum which ther Lordships are in use to supplie And Therfore creaving 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 Archbald Hamiltoun of Rosehall and the samen being read in their presence The saids Lords Doe heirby Grant warrand to the Director off Her Majesties Chancellary and his Deputs For wrytting out the patent of Honour Infavours off the petitioner Creating him Knight and Barronet and to the keeper off the great seall and his Deputs for appending the same therto without passing any other register or seall

Edinburgh the 13th November 1703 Called Extraordinary

D1703/11/61

Act

Act Infavours off Archbald Hamltoune

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Archbald Hamiltoune of Rosehall Shewing That where Her Majestie was graciously pleased To conferr upon the petitioner the title and honour off Knight and Barronet And it being ommited in the patent to insert a warrand to pass the great seall per saltum which ther Lordships are in use to supplie And Therfore creaving 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 Archbald Hamiltoun of Rosehall and the samen being read in their presence The saids Lords Doe heirby Grant warrand to the Director off Her Majesties Chancellary and his Deputs For wrytting out the patent of Honour Infavours off the petitioner Creating him Knight and Barronet and to the keeper off the great seall and his Deputs for appending the same therto without passing any other register or seall

1. NRS, PC2/28, 274r-274v.

1. NRS, PC2/28, 274r-274v.

Sederunt, 13 November 1703, Edinburgh

Edinburgh the 13th November 1703 Called Extraordinary1

D1703/11/52

Sederunt

Lord President of Session; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraige; Lord Rankeillor; Lord Phesdo; Lord Tillecultrie

Edinburgh the 13th November 1703 Called Extraordinary1

D1703/11/52

Sederunt

Lord President of Session; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraige; Lord Rankeillor; Lord Phesdo; Lord Tillecultrie

1. NRS, PC2/28, 274r.

2. NRS, PC2/28, 274r.

1. NRS, PC2/28, 274r.

2. NRS, PC2/28, 274r.