Sederunt, 15 September 1703, Edinburgh

Halyroodhouse the 15th September 17031

D1703/9/32

Sederunt

Her Majesties Commissioner; Lord Chancellour; Marquis of Annandale P:C:; Marquis of Atholl P:S:; Earl of Crafourd; Earl of Erroll; Earl of Mortoune; Earl of Buchan; Earl of Eglingtoune; Earl of Strathmore; Earl of Galloway; Earl of Loudoun; Earl of Finlatter; Earl of Leven; Earl of Northesk; Viscount Tarbat S:; Viscount Stair; Viscount Rosberry; Lord Ross; Lord Boyle T:D:; Lord President of Session; Lord Advocat; Lord Enstruther; Livet Generall Ramsay; Mr Fra: Montgomry; Sherriff of Bute; Laird of Cavers; Laird of Kilbirnie; Laird of Carnwath; Laird of Hoptoune

Halyroodhouse the 15th September 17031

D1703/9/32

Sederunt

Her Majesties Commissioner; Lord Chancellour; Marquis of Annandale P:C:; Marquis of Atholl P:S:; Earl of Crafourd; Earl of Erroll; Earl of Mortoune; Earl of Buchan; Earl of Eglingtoune; Earl of Strathmore; Earl of Galloway; Earl of Loudoun; Earl of Finlatter; Earl of Leven; Earl of Northesk; Viscount Tarbat S:; Viscount Stair; Viscount Rosberry; Lord Ross; Lord Boyle T:D:; Lord President of Session; Lord Advocat; Lord Enstruther; Livet Generall Ramsay; Mr Fra: Montgomry; Sherriff of Bute; Laird of Cavers; Laird of Kilbirnie; Laird of Carnwath; Laird of Hoptoune

1. NRS, PC2/28, 260v.

2. NRS, PC2/28, 260v.

1. NRS, PC2/28, 260v.

2. NRS, PC2/28, 260v.

Act, 10 September 1703, Edinburgh

Halyroodhouse the 10th September 1703

D1703/9/21

Act

Act Infavours off Walter Ross and others

Annent The petition given in and presented to His Grace Her Majesties High Commissioner and the Lords off Her Majesties privie Councill By Walter Ross present provest off the Burgh of Tayne, and George Viscount off Tarbat heretable Baillie therof for themselves and as Representing the Councill and Community off the said Burgh Shewing That the Tolbuith and Stiple of the said Burgh being in a ruinous Condition thir severall years by past apairt therof Did laitly fall in the night tyme Wherby the prisoners therin wer in great hazerd of ther lives and the fabrick off the petitioners Church much damnefied therby Soe that the Toun being necessitat To take doun their Stiple and Tolbuith and have entred to the said work in August last And not being in any Conditione to Rebuild the samen unless their Lordships ordaine ane volentar Contribution By all noblemen, Gentlemen, and others who will be plased to assist the said work And Therfor Creaving His Grace and Lordships To grant warrand to the said Burgh To transport their prisoners To Inverness or any other Adjacent Burgh and to Dischairge any prisoners to be offerred to them till their Tolbuith be rebuilt or for the space off five years time and to grant warrand for ane volentar Contribution By all Noblemen, Gentlemen, and others That will be plased to assist the said work for Rebuilding therof As His Grace and Lord Ships Shall please to Direct As the said petition Bears His Grace Her Majesties High Commissioner and the Lords of Her Majesties privie Councill Haveing considered the petition given into them By Walter Ross present provest of the Burgh off Tayne and George Viscount off Tarbat Heretable Baillie therof for themselves and as representing the Toun Councill and Community off the said Burgh And the samen Being read in ther presence His Grace and the saids Lords Doe heirby Grant warrant To the Magistrats off the said Burgh and ther successors in office To Intimat to and Requyre the Creditors at whose Instance the prisoners are Incarcerat withine the Tolbuith of Tayne To transport them to the nixt Adjacent publict prison or to the Tolbuith or prison off Inverness with certefication to the Creditors iff they failzie It shall be leisum and Laufull to the saids Magistrats or their successors To transport them to the said Tolbuith off Inverness And allowes and ordaines The Creditors off the prisoners to use the arristments ane their Captions after the saids prisoners are transported as accords And in the mean tyme Declaires the saids Magistrats noewayes lyable To receave other prisoners nor to be lyable for their saiff Custody For the space off Five years affter the date heirof And His Grace and the saids Lords Doe Heirby Grant to the petitioners ane volentar Contribution To be Collected From all Noblemen Gentlemen, and others, That are pleased to assist there building off the said Tolbuith and prison house off Tayne within all the paroch Churches off this Kingdome upon such dayes as the petitioners shall appoint after Intimation at the paroch Churches the Sabbath day befoir collecting therof either at the Church doors off the respective paroches or in such other manner as shall be Collected and aggreed upon by the petitioners And that for rebuilding the Tolbuith and prison of the said Burgh of Tayne And ordaines the collection to be payed into […] He allwayes befoir exacting heirof giveing bond and finding Caution acted in the books of privy Councill That the contribution sua to be collected shall be applyed to the use forsaid and that at the sight and by direction of the petitioners.

Halyroodhouse the 10th September 1703

D1703/9/21

Act

Act Infavours off Walter Ross and others

Annent The petition given in and presented to His Grace Her Majesties High Commissioner and the Lords off Her Majesties privie Councill By Walter Ross present provest off the Burgh of Tayne, and George Viscount off Tarbat heretable Baillie therof for themselves and as Representing the Councill and Community off the said Burgh Shewing That the Tolbuith and Stiple of the said Burgh being in a ruinous Condition thir severall years by past apairt therof Did laitly fall in the night tyme Wherby the prisoners therin wer in great hazerd of ther lives and the fabrick off the petitioners Church much damnefied therby Soe that the Toun being necessitat To take doun their Stiple and Tolbuith and have entred to the said work in August last And not being in any Conditione to Rebuild the samen unless their Lordships ordaine ane volentar Contribution By all noblemen, Gentlemen, and others who will be plased to assist the said work And Therfor Creaving His Grace and Lordships To grant warrand to the said Burgh To transport their prisoners To Inverness or any other Adjacent Burgh and to Dischairge any prisoners to be offerred to them till their Tolbuith be rebuilt or for the space off five years time and to grant warrand for ane volentar Contribution By all Noblemen, Gentlemen, and others That will be plased to assist the said work for Rebuilding therof As His Grace and Lord Ships Shall please to Direct As the said petition Bears His Grace Her Majesties High Commissioner and the Lords of Her Majesties privie Councill Haveing considered the petition given into them By Walter Ross present provest of the Burgh off Tayne and George Viscount off Tarbat Heretable Baillie therof for themselves and as representing the Toun Councill and Community off the said Burgh And the samen Being read in ther presence His Grace and the saids Lords Doe heirby Grant warrant To the Magistrats off the said Burgh and ther successors in office To Intimat to and Requyre the Creditors at whose Instance the prisoners are Incarcerat withine the Tolbuith of Tayne To transport them to the nixt Adjacent publict prison or to the Tolbuith or prison off Inverness with certefication to the Creditors iff they failzie It shall be leisum and Laufull to the saids Magistrats or their successors To transport them to the said Tolbuith off Inverness And allowes and ordaines The Creditors off the prisoners to use the arristments ane their Captions after the saids prisoners are transported as accords And in the mean tyme Declaires the saids Magistrats noewayes lyable To receave other prisoners nor to be lyable for their saiff Custody For the space off Five years affter the date heirof And His Grace and the saids Lords Doe Heirby Grant to the petitioners ane volentar Contribution To be Collected From all Noblemen Gentlemen, and others, That are pleased to assist there building off the said Tolbuith and prison house off Tayne within all the paroch Churches off this Kingdome upon such dayes as the petitioners shall appoint after Intimation at the paroch Churches the Sabbath day befoir collecting therof either at the Church doors off the respective paroches or in such other manner as shall be Collected and aggreed upon by the petitioners And that for rebuilding the Tolbuith and prison of the said Burgh of Tayne And ordaines the collection to be payed into […] He allwayes befoir exacting heirof giveing bond and finding Caution acted in the books of privy Councill That the contribution sua to be collected shall be applyed to the use forsaid and that at the sight and by direction of the petitioners.

1. NRS, PC2/28, 259v-260v.

1. NRS, PC2/28, 259v-260v.

Sederunt, 10 September 1703, Edinburgh

Halyroodhouse the 10th September 17031

D1703/9/12

Sederunt

Her Majesties Commissioner; Lord Chancellor; Marquis of Annandale P:C:; Marquis of Atholl P:S:; Marquis of Lothian; Earl of Crafourd; Earl of Erroll; Earl of Mar; Earl of Glencairn; Earl of Eglingtoun; Earl of Strathmore; Earl of Loudoun; Earl of Leven; Earl of Northesk; Viscount Tarbat S:; Viscount Stair; Lord Pollwarth; Lord Ross; Lord Boill T:D:; Lord President of Sessione; Lord Register; Lord Enstruther; Lord Tillecultry; Mr Fra: Montgomry; Sherriff of Bute; Laird of Kilbirney; Laird of Carnwath; Laird of Hoptoun; Laird of Prestongrange

Halyroodhouse the 10th September 17031

D1703/9/12

Sederunt

Her Majesties Commissioner; Lord Chancellor; Marquis of Annandale P:C:; Marquis of Atholl P:S:; Marquis of Lothian; Earl of Crafourd; Earl of Erroll; Earl of Mar; Earl of Glencairn; Earl of Eglingtoun; Earl of Strathmore; Earl of Loudoun; Earl of Leven; Earl of Northesk; Viscount Tarbat S:; Viscount Stair; Lord Pollwarth; Lord Ross; Lord Boill T:D:; Lord President of Sessione; Lord Register; Lord Enstruther; Lord Tillecultry; Mr Fra: Montgomry; Sherriff of Bute; Laird of Kilbirney; Laird of Carnwath; Laird of Hoptoun; Laird of Prestongrange

1. NRS, PC2/28, 259v.

2. NRS, PC2/28, 259v.

1. NRS, PC2/28, 259v.

2. NRS, PC2/28, 259v.

Act, 25 September 1702, Edinburgh

Edinburgh the 25th September 1702

D1702/9/51

Act

Act Infavours of Alexander Broun

Annent The Petition given in and presented to the Lords of Her Majesties privie Councill By Alexander Broun merchant in Edinburgh Shewing That the petitioner Haveing purchased the ruinous pairts of the East and off the lucking booths and haveing obtained Judge and warrant from the Dean of Gild Court and Lykewayes ane Act and ordinance from the Magistrats and Toun Councill of Edinburgh For Rebuilding of the saids reuinous Tenements in manner therin mentioned Ther was a petition presented to the saids Lords at the Instance of John Cunynghame, Patrick Home and Mungo Buchannan wrytters to the signet For stoping the said building And now the said Petitioner Haveing purchased there Intrest, and procured there consent, For carrying on the said building as the samen herewith produced will testifie And the petitioner haveing conduced and aggreed with work men and provyded all materialls necessar For perfytteing the said building befoir November nixt That to the street may be void and red and sitting doun off the session It is necessar That the stope formerly made by their Lordships be taken off And lykewayes that the Judge and warrant granted by the Dean of Gild and Act of the Toun Councill in The Petitioners favours therannent be Ratified That he be noe furder trouble at the Instance of any persone in carrying on and compleating the said building And therfor Creaving to the effect afftermentioned As the said petition Bears The Lords of her Majesties Privie Councill Haveing considered the above petition given into them by Alexander Broun merchant in Edinburgh They heirby take off and Dischairges any stop made or given by ther Lordships To the building off the East end of the Luckenbooths As Being the Petitioners property And allowes the petitioner To carry on his building there Conforme to the Dean of Gilds Jedge, warrand and act of the Toun Councill past in the petitioners favours theranent And Lykewayes Ratifies and approves the said Jedge warrant and act In favours of the said petitioner To the effect that non may stope trouble or impede him from perfyting the said building Conforme to the saids Jedge, warrant and act And the saids Lords there present Ratification part theron in all points.

Edinburgh the 25th September 1702

D1702/9/51

Act

Act Infavours of Alexander Broun

Annent The Petition given in and presented to the Lords of Her Majesties privie Councill By Alexander Broun merchant in Edinburgh Shewing That the petitioner Haveing purchased the ruinous pairts of the East and off the lucking booths and haveing obtained Judge and warrant from the Dean of Gild Court and Lykewayes ane Act and ordinance from the Magistrats and Toun Councill of Edinburgh For Rebuilding of the saids reuinous Tenements in manner therin mentioned Ther was a petition presented to the saids Lords at the Instance of John Cunynghame, Patrick Home and Mungo Buchannan wrytters to the signet For stoping the said building And now the said Petitioner Haveing purchased there Intrest, and procured there consent, For carrying on the said building as the samen herewith produced will testifie And the petitioner haveing conduced and aggreed with work men and provyded all materialls necessar For perfytteing the said building befoir November nixt That to the street may be void and red and sitting doun off the session It is necessar That the stope formerly made by their Lordships be taken off And lykewayes that the Judge and warrant granted by the Dean of Gild and Act of the Toun Councill in The Petitioners favours therannent be Ratified That he be noe furder trouble at the Instance of any persone in carrying on and compleating the said building And therfor Creaving to the effect afftermentioned As the said petition Bears The Lords of her Majesties Privie Councill Haveing considered the above petition given into them by Alexander Broun merchant in Edinburgh They heirby take off and Dischairges any stop made or given by ther Lordships To the building off the East end of the Luckenbooths As Being the Petitioners property And allowes the petitioner To carry on his building there Conforme to the Dean of Gilds Jedge, warrand and act of the Toun Councill past in the petitioners favours theranent And Lykewayes Ratifies and approves the said Jedge warrant and act In favours of the said petitioner To the effect that non may stope trouble or impede him from perfyting the said building Conforme to the saids Jedge, warrant and act And the saids Lords there present Ratification part theron in all points.

1. NRS, PC2/28, 210v-211r.

1. NRS, PC2/28, 210v-211r.

Sederunt, 25 September 1702, Edinburgh

Edinburgh the 25th September 17021

D1702/9/42

Sederunt

Lord Chancelour; Earl of Melvill P:C:; Earl of Seafeild; Earl of Marr; Earl of Leven; Viscount Roseberry; Lord Strathnaver; Lord Polwarth; Lord President of Session; Lord Advocat; Lord Crossrigg; Laird of Meggens

Edinburgh the 25th September 17021

D1702/9/42

Sederunt

Lord Chancelour; Earl of Melvill P:C:; Earl of Seafeild; Earl of Marr; Earl of Leven; Viscount Roseberry; Lord Strathnaver; Lord Polwarth; Lord President of Session; Lord Advocat; Lord Crossrigg; Laird of Meggens

1. NRS, PC2/28, 210v.

2. NRS, PC2/28, 210v.

1. NRS, PC2/28, 210v.

2. NRS, PC2/28, 210v.

Decreet, 8 September 1702, Edinburgh

Edinburgh the 8th of September 1702

D1702/9/31

Decreet

Decreit Vallange Against McEwan

Annent The lyble or Letters of Complent Raised and persewed befoir The Lords of her Majesties privie Councill at the Instance of Thomas Vallange on of the Constables of the Toun of Pearth with Concurse of Sir James Steuart her Majesties Advocat for her Highness intrest in the matter underwrytten Mentioning That wher By the many good Laws and Acts of Parliament of this realme Constables are established and boeth they and the Justices of pace and Magistrats of Burghs and other officers off the Law are authorized and impowered to put the Laws in Execution particularly such as are made againest profainness and Immorality and that consequently It is a high Misdemaner in any Magistrat or Baillie off Burgh To discurradge the said Constables whom they ought to incurradge in the Execution off ther offices and under sham pretences of Malverse To presume to fyne and imprison them on purpose to make the said office of Constable aburden2 to all Constables and contemptible to all others which certainly is a manyfest deed of oppression and ought as such to be sevearly punished Lykeas Prevarication in deponing in Judgement when called is a Crie in all But more especiallie in a Magistrat and Baillie off Burgh called and deponing as witnes befoir the Lords of Privie Councill yet Nevertheless It is of verity That Patrick McEwan one of the present Baillies of the Burgh of Pearth Haveing conceaved a prejudice againest the said Thomas Vallange Complainer a Constable And being as it wer purposed to discurradge and treat in ridicule the very office off ane Constable toward the suppression off profanity Did upon on or other off the dayes of the moneth off Appryll last Cause conveen the said Thomas Vallange Complainer befoir him in his Baillie Court as haveing malversed in his office off Constable in not delaiting and prosecuting of Jameson weaver For swearing in his audience And tho the Procurator fiscall in presence off the said Baillie McEwan refferred the matter To Thomas Vallange his declaration And That Thomas Declaired he had heard the said Jameson swear and had reprehended him and also summoned him to the Baillie Court But that the Court Did not hold at that time For which he could neither then nor since the matter being resent, prosecut him all which the said Jameson present could not deny And Thomas Vallange Did also offerr to prove by witnesses then present yet the said Baillie without Furder regaird Did sentance the said Complainer In a Fyne off Ten pound scotts And Further By his owen single authoritie Deprived him from his office which could only be done by the Magistrats and Toun Councill who had put him In the said office And Farder Having required The said Thomas Vallange Complainer To give up his Constable Batton And the said Thomas saying he knew not iff he had it upon him Yet Because It was found upon him He Fyned the Complainer as for a lie and Committed him to prison untill he should make payment off the said Fyne And Further when the said Thomas Vallange had gott his liberty and he with other Constables in ther Just resentment off such a mockerie and causeless severity Did upon the Tuentie Fyfth day off the said moneth off Apprill goe to the presence off the said Patrick McEwan with a nottar and by way of Instrument protested againest him For his Forsaid unjustice and oppression and for remead of Law The said Patrick Did not only threaten them with Imprisonment and actuallie ordered a warrant to be wrytt For that effect as authentick Instruments taken theron and produced in the Clerks of Councills hands Doe testefie Lykeas The said Patrick Ewan being called as a witness to depon befoir the Lords of privie Councill in the proces betwixt Robert Robertson Baillie off the said Burgh and Patrick Hay Indweller there And the said Baillie McEwan Being Examined as adduced by boeth pairtes He did soe evidently prevaricat in his Deposition That boeth perseuar and deffender Declaired they past from Patrick McEwan as a witnes In respect off his prevarication And the Lords off the Committee his examinators caused mark the same in there report which was also reported and would By the saids Lords of Privie Councill as a high offence As the record of the said proces in the Clerks of Councills hands bears By all which it is evident That the said Patrick McEwan Is guilty airt and pairt off the said unjustice malversation and oppression As also of the said prevarication above lybled Which being proven He ought not only to be Decerned in the soume off Five hundereth merks of expensses and damnadges But deprived and removed from the said office as a Baillie and Declaired incapable For hereafter off publict trust and Further punished in his person and goods to the example and terror of others To Commit the lyke in time comeing As the saids Lords of Privie Councill shall see cause And Annent The Chairge given to the said Patrick McEwan Deffender To have Compeired personallie Befoir the saids Lords of Privie Councill upon the day and date of their presents To have answered to the forsaid Complaint And to have heard and seen such order and course taken thereannent as appertaines under the pain of rebellion and putting of him to the horn with certefication as in the said principall lyble or Letters of Complaint and executiones therof at more length is contained Which lyble Being this day called In presence of the saids Lords of her Majesties privie Councill And the said Thomas Vallange persewar Compeiring personallie at the Barr with Mr James Steuart Mr Francis Grant and Mr James Gellie his Advocats And the said Mr Patrick McEwan Defender Compeiring also personallie at the barr With Sir David Dalrumple her Majesties solicitor and Sir David Cunynghame his Advocats And the lyble with answers therto and a petition by the Magistrats of Pearth Being all read in ther presence And boeth pairtes procurators being fully heard at the barr And the saids Lords Haveing Considered the samen They have Depryved and heirby Depryves The said Patrick McEwan From the office off Magistracie and being off the Councill off the said Burgh For year and day after the date of these presents.

Edinburgh the 8th of September 1702

D1702/9/31

Decreet

Decreit Vallange Against McEwan

Annent The lyble or Letters of Complent Raised and persewed befoir The Lords of her Majesties privie Councill at the Instance of Thomas Vallange on of the Constables of the Toun of Pearth with Concurse of Sir James Steuart her Majesties Advocat for her Highness intrest in the matter underwrytten Mentioning That wher By the many good Laws and Acts of Parliament of this realme Constables are established and boeth they and the Justices of pace and Magistrats of Burghs and other officers off the Law are authorized and impowered to put the Laws in Execution particularly such as are made againest profainness and Immorality and that consequently It is a high Misdemaner in any Magistrat or Baillie off Burgh To discurradge the said Constables whom they ought to incurradge in the Execution off ther offices and under sham pretences of Malverse To presume to fyne and imprison them on purpose to make the said office of Constable aburden2 to all Constables and contemptible to all others which certainly is a manyfest deed of oppression and ought as such to be sevearly punished Lykeas Prevarication in deponing in Judgement when called is a Crie in all But more especiallie in a Magistrat and Baillie off Burgh called and deponing as witnes befoir the Lords of Privie Councill yet Nevertheless It is of verity That Patrick McEwan one of the present Baillies of the Burgh of Pearth Haveing conceaved a prejudice againest the said Thomas Vallange Complainer a Constable And being as it wer purposed to discurradge and treat in ridicule the very office off ane Constable toward the suppression off profanity Did upon on or other off the dayes of the moneth off Appryll last Cause conveen the said Thomas Vallange Complainer befoir him in his Baillie Court as haveing malversed in his office off Constable in not delaiting and prosecuting of Jameson weaver For swearing in his audience And tho the Procurator fiscall in presence off the said Baillie McEwan refferred the matter To Thomas Vallange his declaration And That Thomas Declaired he had heard the said Jameson swear and had reprehended him and also summoned him to the Baillie Court But that the Court Did not hold at that time For which he could neither then nor since the matter being resent, prosecut him all which the said Jameson present could not deny And Thomas Vallange Did also offerr to prove by witnesses then present yet the said Baillie without Furder regaird Did sentance the said Complainer In a Fyne off Ten pound scotts And Further By his owen single authoritie Deprived him from his office which could only be done by the Magistrats and Toun Councill who had put him In the said office And Farder Having required The said Thomas Vallange Complainer To give up his Constable Batton And the said Thomas saying he knew not iff he had it upon him Yet Because It was found upon him He Fyned the Complainer as for a lie and Committed him to prison untill he should make payment off the said Fyne And Further when the said Thomas Vallange had gott his liberty and he with other Constables in ther Just resentment off such a mockerie and causeless severity Did upon the Tuentie Fyfth day off the said moneth off Apprill goe to the presence off the said Patrick McEwan with a nottar and by way of Instrument protested againest him For his Forsaid unjustice and oppression and for remead of Law The said Patrick Did not only threaten them with Imprisonment and actuallie ordered a warrant to be wrytt For that effect as authentick Instruments taken theron and produced in the Clerks of Councills hands Doe testefie Lykeas The said Patrick Ewan being called as a witness to depon befoir the Lords of privie Councill in the proces betwixt Robert Robertson Baillie off the said Burgh and Patrick Hay Indweller there And the said Baillie McEwan Being Examined as adduced by boeth pairtes He did soe evidently prevaricat in his Deposition That boeth perseuar and deffender Declaired they past from Patrick McEwan as a witnes In respect off his prevarication And the Lords off the Committee his examinators caused mark the same in there report which was also reported and would By the saids Lords of Privie Councill as a high offence As the record of the said proces in the Clerks of Councills hands bears By all which it is evident That the said Patrick McEwan Is guilty airt and pairt off the said unjustice malversation and oppression As also of the said prevarication above lybled Which being proven He ought not only to be Decerned in the soume off Five hundereth merks of expensses and damnadges But deprived and removed from the said office as a Baillie and Declaired incapable For hereafter off publict trust and Further punished in his person and goods to the example and terror of others To Commit the lyke in time comeing As the saids Lords of Privie Councill shall see cause And Annent The Chairge given to the said Patrick McEwan Deffender To have Compeired personallie Befoir the saids Lords of Privie Councill upon the day and date of their presents To have answered to the forsaid Complaint And to have heard and seen such order and course taken thereannent as appertaines under the pain of rebellion and putting of him to the horn with certefication as in the said principall lyble or Letters of Complaint and executiones therof at more length is contained Which lyble Being this day called In presence of the saids Lords of her Majesties privie Councill And the said Thomas Vallange persewar Compeiring personallie at the Barr with Mr James Steuart Mr Francis Grant and Mr James Gellie his Advocats And the said Mr Patrick McEwan Defender Compeiring also personallie at the barr With Sir David Dalrumple her Majesties solicitor and Sir David Cunynghame his Advocats And the lyble with answers therto and a petition by the Magistrats of Pearth Being all read in ther presence And boeth pairtes procurators being fully heard at the barr And the saids Lords Haveing Considered the samen They have Depryved and heirby Depryves The said Patrick McEwan From the office off Magistracie and being off the Councill off the said Burgh For year and day after the date of these presents.

1. NRS, PC2/28, 209r-210r.

2. Sic.

1. NRS, PC2/28, 209r-210r.

2. Sic.

Act, 8 September 1702, Edinburgh

Edinburgh the 8th of September 1702

D1702/9/21

Act

Act Infavours of the Earle of Marr

Anent the petition given in and presented to the Lords of Her Majesties privie Councill by John Earle of Mar Shewing That where the petitioner stands publictly infest in the whole Earledoom of Mar upon severall Adjudications and other Rights standing in his person and alse that most of the Creditors upon the Estate have granted a Commission and factory to him for uplifting and manageing the rents therof for his oune and their behove And the petitioner knowing that the wryts and evidents in the Chartar house of Alloa haveing lyen so many years in a laugh vault Immediately off the ground without aither fyre or Light that if soon speedy course were not taken to prevent it they would be in great hazard of perishing which would be ane Irrepairable loss to the petitioner and other Creditors And alse considering that there might be severall of the saids wrytts absolutly necessar in processes purswed aither for or against them And therfore Craveing to the effect aftermentioned As the said petition bears The Lords of Her Majesties privy Councill haveing considered the above petition given in to them by John Earle of Mar They Doe heirby Grant warrand Commission to Mr George Erskine Baillie Deput of the Regality of Alloa and Mr Henry Chrystie Comisary deput of Dumblane To Receave the keyes of the said Chartorhouse of Alloa from Mary Countes of Mar The petitioner Mother and upon Recept therof to make a full Inventar of the wryts and evidents therincontained And to Deliver the same with the keyes to the said petitioner to the effect forsaid.

Edinburgh the 8th of September 1702

D1702/9/21

Act

Act Infavours of the Earle of Marr

Anent the petition given in and presented to the Lords of Her Majesties privie Councill by John Earle of Mar Shewing That where the petitioner stands publictly infest in the whole Earledoom of Mar upon severall Adjudications and other Rights standing in his person and alse that most of the Creditors upon the Estate have granted a Commission and factory to him for uplifting and manageing the rents therof for his oune and their behove And the petitioner knowing that the wryts and evidents in the Chartar house of Alloa haveing lyen so many years in a laugh vault Immediately off the ground without aither fyre or Light that if soon speedy course were not taken to prevent it they would be in great hazard of perishing which would be ane Irrepairable loss to the petitioner and other Creditors And alse considering that there might be severall of the saids wrytts absolutly necessar in processes purswed aither for or against them And therfore Craveing to the effect aftermentioned As the said petition bears The Lords of Her Majesties privy Councill haveing considered the above petition given in to them by John Earle of Mar They Doe heirby Grant warrand Commission to Mr George Erskine Baillie Deput of the Regality of Alloa and Mr Henry Chrystie Comisary deput of Dumblane To Receave the keyes of the said Chartorhouse of Alloa from Mary Countes of Mar The petitioner Mother and upon Recept therof to make a full Inventar of the wryts and evidents therincontained And to Deliver the same with the keyes to the said petitioner to the effect forsaid.

1. NRS, PC2/28, 208v-209r.

1. NRS, PC2/28, 208v-209r.

Sederunt, 8 September 1702, Edinburgh

Edinburgh the 8th of September 17021

D1702/9/12

Sederunt

Lord Chancelor; Marquis of Lothian; Earl of Crafurd; Earl of Mar; Earl of Buchan; Viscount Tarbat; Viscount Rosberry; Lord Poluarth; Lord Advocat; Lord Provost of Edinburgh

Edinburgh the 8th of September 17021

D1702/9/12

Sederunt

Lord Chancelor; Marquis of Lothian; Earl of Crafurd; Earl of Mar; Earl of Buchan; Viscount Tarbat; Viscount Rosberry; Lord Poluarth; Lord Advocat; Lord Provost of Edinburgh

1. NRS, PC2/28, 208v.

2. NRS, PC2/28, 208v.

1. NRS, PC2/28, 208v.

2. NRS, PC2/28, 208v.

Sederunt, 29 September 1701, Edinburgh

Edinburgh the twenty nynth of September 17011

D1701/9/102

Sederunt

Lord Chancellour; Marquis of Anandale; Earl of Seafeild S; Earl of Hyndford S; Earl of Crawfoord; Earl of Mar; Earl of Mellvill p C; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leivan; Earl of Forfar; Visount Tarbat; Viscount Teviot; Viscount Roseberie; Lord Montgomery; Lord president of session; Lord advocat; Lord Justice clerk; Lord Philiphaugh; Lord Crosereig; Mr Frances Montgomry; Laird Steivenson; Laird of Meggens

Edinburgh the twenty nynth of September 17011

D1701/9/102

Sederunt

Lord Chancellour; Marquis of Anandale; Earl of Seafeild S; Earl of Hyndford S; Earl of Crawfoord; Earl of Mar; Earl of Mellvill p C; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leivan; Earl of Forfar; Visount Tarbat; Viscount Teviot; Viscount Roseberie; Lord Montgomery; Lord president of session; Lord advocat; Lord Justice clerk; Lord Philiphaugh; Lord Crosereig; Mr Frances Montgomry; Laird Steivenson; Laird of Meggens

1. NRS, PC2/28, 149v.

2. NRS, PC2/28, 149v.

1. NRS, PC2/28, 149v.

2. NRS, PC2/28, 149v.