Act, 8 September 1698, Edinburgh

Edinburgh The Eight day of September Jaj vic Nyntie Eight years

D1698/9/41

Act

Act Sir Robert Hamiltone

Anent The Petition given in to the Lords of his Majesties privy Councill by Sir Robert Hamilton of Silvertounehill Shewing That wher the petitioner has the permissione and foreloaf from the Viscount of Teviot Commander in Cheif and the petitioners Superior officers to goe abroad to Holland wher his wife resides about his necessary affairs, and that it is furder necessary to the petitioner to have the saids Lords pass and allowance to goe thither and stay ther untill may nixt for setleing the petitioners bussines And Therfore Humbly Craveing the saids Lords would grant the petitioner a pass to goe into Holland about his necessary affairs bearing the saids Lords Permission and allowance to stay ther till may nixt. The Lords of his majesties privy Councill Haveing Considered this petition given in to them by the above Sir Robert Hamiltone They Doe hereby give their free pass to the petitioner to repair from this to Holland their to remaine in setleing his Lawfull affairs untill the said moneth of may nixt to come and from thence to returne home againe without trouble or molestatione he behaveing himself as a peaceable subject of his Majestie King William.

Edinburgh The Eight day of September Jaj vic Nyntie Eight years

D1698/9/41

Act

Act Sir Robert Hamiltone

Anent The Petition given in to the Lords of his Majesties privy Councill by Sir Robert Hamilton of Silvertounehill Shewing That wher the petitioner has the permissione and foreloaf from the Viscount of Teviot Commander in Cheif and the petitioners Superior officers to goe abroad to Holland wher his wife resides about his necessary affairs, and that it is furder necessary to the petitioner to have the saids Lords pass and allowance to goe thither and stay ther untill may nixt for setleing the petitioners bussines And Therfore Humbly Craveing the saids Lords would grant the petitioner a pass to goe into Holland about his necessary affairs bearing the saids Lords Permission and allowance to stay ther till may nixt. The Lords of his majesties privy Councill Haveing Considered this petition given in to them by the above Sir Robert Hamiltone They Doe hereby give their free pass to the petitioner to repair from this to Holland their to remaine in setleing his Lawfull affairs untill the said moneth of may nixt to come and from thence to returne home againe without trouble or molestatione he behaveing himself as a peaceable subject of his Majestie King William.

1. NRS, PC2/27, 141r.

1. NRS, PC2/27, 141r.

Act, 8 September 1698, Edinburgh

Edinburgh The Eight day of September Jaj vic Nyntie Eight years

D1698/9/31

Act

Act John Howname Merchant

Anent the petition given in to the Lords of his Majesties privy Councill be John Howname younger Merchant in Langholme Shewing That wher the Supplicant haveing come to Edinburgh last day about his Lawfull affairs and particularly that of Merchandizeing the petitioner was to his great Surprize informed that Sir Patrick Maxwell of Sprinkell and one Langrave keeper of the prison in Carlyle (2be the instigation of John Maxwell of Broomholme a person Nottarly knowen to be dissafected to his Majesties government which he boasts of By keeping on his Long Beard of designe to Compell the petitioners to discharge him of a debt of fyve hundred Merks due by him to the petitioner and for payment wherof the petitioner has ane actione depending before the Shireff of Teviotdale Hath presented to the saids Lords a most Slanderous and Scandalous Complaint against the petitioner wherin they maliciously represent the petitioners to be a very extraordinar person by calling the petitioner a notorious Vagabound Cheat and rogue, and as if the petitioner were Lurking on both sides of the borders to Comitt villany, and that the petitioner was Lately Seazed on and Imprisoned in Carlyll and brock prison, And now (3In Respect ther is no border Commission for the time They Craved a Commission and warrand to Sprinkell, and Mr Duncan Mcarthur the Dutches of Buccleughs baillie in the saids bounds or any Imployed by them to search seaze and aprehend the petitioners person and to transport the petitioner to Carlyll in England ther to be Imprisoned upon which Suplication and informatione the saids Lords were pleased upon the fyth day of July last to grant warrand to aprehend the petitioners person till he fand baill to underlye the Law or otherwayes to Committ the petitioner to Joyle in any place within this kingdome incase of the petitioners not being able to find baill, Bot discharged the petitioners Transportation. It was Humbly Represented to the saids Lords that such addresses as these are, are of dangerous Consequences to his Majesties Leidges and particularly to the petitioners intrest Credit and reputation haveing Lived at Langholme under her Grace the Dutches of Buccleugh as merchant and inkeeper ther these sixtein years bygone and have keeped house and family with the petitioners wife bairnes and Servants these ten years by past And have not only the greatest Change bot also the greatest tradeing and Merchandizeing ther as is knowen to Mr McArthur the Dutches of Buccleughs Bailly and can be made appear by severall persons in Edinburgh upon oath, And the petitioner was never knowen to be the person the missrepresent him, nor could the Same be made appear, Bot on the contrair of honest fame and reputatione and Law byding, And as to the petitioners Escape out of Carlyll prison the samen was for a pretended debt which was of it self most unjust bot the petitioner not being able to find Cautione ther for such a Considerable Summe for which the petitioner was wrongeously greisted And finding ane oppertunity at Twelue of the Cloak in the day the petitioner made Civily his escape without any violent or base methods by breaking of prison or any thing of what nature bot being in Company with English Squyres and Gentlmen takeing the Air at that time the petitioner came a way and so returned home it being about five years since, And to Lett the saids Lords know the true ground for which the petitioner was areisted Some English men did persew the petitioner before the Lords of Councill and Session Which came in Course before the Lord Crossrig And They Finding after debate therin that the petitioner was like to be assoylzied therfrae they took up their proces and fell upon this divyce of areisting the petitioners person, which is a Summar method used throughout all Ingland albeit the person be not owing a six pence Bot Broomholme and his brother in Law Sir Patrick Maxwell their designe therin does not rest here Bot goes a greater Length for the petitioner haveing Lately pursued Broomholme before the Shirriff of Teviotdale for five hundred merks and the Samen being referred to his oath he delayed his deponeing, And instead of that made this applicatione thinking therby to frustrat the petitioner of his said Just debt, and not only so, Bot expects a farr greater reward by this noble exploit If his designe hade come to perfection for Joseph Reid Major of Carlyll and Bromholme actually transacted for delivering the petitioner up to4 him upon the English side And therafter the said majors wrot to him for that effect promiseing him a great reward as his missive Letter direct to him theranent which by good providence came to petitioners hand therwith produced would testifie, so that in effect his designe was to sell the petitioner to bondadge and slavery for if the petitioner hade Committed any thing worthy of Punishment the petitioner was and am willing to under-lye the Law, and for Civill debt the Law of the kingdome is patent and the petitioner was ready to answer and Law byding, and haveing ane Calling and Imployment of Merchandizeing and house and family in Langholme under her grace the Dutches of Buccleugh And Therfore Humbly Supplicating to the effect aftermentioned, The Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the within John Howname with a missive Letter mentioned therin and produced therwith, They Doe hereby Recall the Said former act granted by their Lordships of the date the fifth day of July Last bypast, And Declares the petitioner to be quyt therof and free therfrae in all time comeing, And Discharges the Same to be put to execution against the petitioner, And incase the petitioner be apprehended and Imprisoned be vertue therof, Doe hereby give order and Warrand to the Magistrats of Burghs and keepers of their prisons within which the petitioner may be to5 sett him at Liberty for which this shall be to all persones concerned a sufficient warrand

Edinburgh The Eight day of September Jaj vic Nyntie Eight years

D1698/9/31

Act

Act John Howname Merchant

Anent the petition given in to the Lords of his Majesties privy Councill be John Howname younger Merchant in Langholme Shewing That wher the Supplicant haveing come to Edinburgh last day about his Lawfull affairs and particularly that of Merchandizeing the petitioner was to his great Surprize informed that Sir Patrick Maxwell of Sprinkell and one Langrave keeper of the prison in Carlyle (2be the instigation of John Maxwell of Broomholme a person Nottarly knowen to be dissafected to his Majesties government which he boasts of By keeping on his Long Beard of designe to Compell the petitioners to discharge him of a debt of fyve hundred Merks due by him to the petitioner and for payment wherof the petitioner has ane actione depending before the Shireff of Teviotdale Hath presented to the saids Lords a most Slanderous and Scandalous Complaint against the petitioner wherin they maliciously represent the petitioners to be a very extraordinar person by calling the petitioner a notorious Vagabound Cheat and rogue, and as if the petitioner were Lurking on both sides of the borders to Comitt villany, and that the petitioner was Lately Seazed on and Imprisoned in Carlyll and brock prison, And now (3In Respect ther is no border Commission for the time They Craved a Commission and warrand to Sprinkell, and Mr Duncan Mcarthur the Dutches of Buccleughs baillie in the saids bounds or any Imployed by them to search seaze and aprehend the petitioners person and to transport the petitioner to Carlyll in England ther to be Imprisoned upon which Suplication and informatione the saids Lords were pleased upon the fyth day of July last to grant warrand to aprehend the petitioners person till he fand baill to underlye the Law or otherwayes to Committ the petitioner to Joyle in any place within this kingdome incase of the petitioners not being able to find baill, Bot discharged the petitioners Transportation. It was Humbly Represented to the saids Lords that such addresses as these are, are of dangerous Consequences to his Majesties Leidges and particularly to the petitioners intrest Credit and reputation haveing Lived at Langholme under her Grace the Dutches of Buccleugh as merchant and inkeeper ther these sixtein years bygone and have keeped house and family with the petitioners wife bairnes and Servants these ten years by past And have not only the greatest Change bot also the greatest tradeing and Merchandizeing ther as is knowen to Mr McArthur the Dutches of Buccleughs Bailly and can be made appear by severall persons in Edinburgh upon oath, And the petitioner was never knowen to be the person the missrepresent him, nor could the Same be made appear, Bot on the contrair of honest fame and reputatione and Law byding, And as to the petitioners Escape out of Carlyll prison the samen was for a pretended debt which was of it self most unjust bot the petitioner not being able to find Cautione ther for such a Considerable Summe for which the petitioner was wrongeously greisted And finding ane oppertunity at Twelue of the Cloak in the day the petitioner made Civily his escape without any violent or base methods by breaking of prison or any thing of what nature bot being in Company with English Squyres and Gentlmen takeing the Air at that time the petitioner came a way and so returned home it being about five years since, And to Lett the saids Lords know the true ground for which the petitioner was areisted Some English men did persew the petitioner before the Lords of Councill and Session Which came in Course before the Lord Crossrig And They Finding after debate therin that the petitioner was like to be assoylzied therfrae they took up their proces and fell upon this divyce of areisting the petitioners person, which is a Summar method used throughout all Ingland albeit the person be not owing a six pence Bot Broomholme and his brother in Law Sir Patrick Maxwell their designe therin does not rest here Bot goes a greater Length for the petitioner haveing Lately pursued Broomholme before the Shirriff of Teviotdale for five hundred merks and the Samen being referred to his oath he delayed his deponeing, And instead of that made this applicatione thinking therby to frustrat the petitioner of his said Just debt, and not only so, Bot expects a farr greater reward by this noble exploit If his designe hade come to perfection for Joseph Reid Major of Carlyll and Bromholme actually transacted for delivering the petitioner up to4 him upon the English side And therafter the said majors wrot to him for that effect promiseing him a great reward as his missive Letter direct to him theranent which by good providence came to petitioners hand therwith produced would testifie, so that in effect his designe was to sell the petitioner to bondadge and slavery for if the petitioner hade Committed any thing worthy of Punishment the petitioner was and am willing to under-lye the Law, and for Civill debt the Law of the kingdome is patent and the petitioner was ready to answer and Law byding, and haveing ane Calling and Imployment of Merchandizeing and house and family in Langholme under her grace the Dutches of Buccleugh And Therfore Humbly Supplicating to the effect aftermentioned, The Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the within John Howname with a missive Letter mentioned therin and produced therwith, They Doe hereby Recall the Said former act granted by their Lordships of the date the fifth day of July Last bypast, And Declares the petitioner to be quyt therof and free therfrae in all time comeing, And Discharges the Same to be put to execution against the petitioner, And incase the petitioner be apprehended and Imprisoned be vertue therof, Doe hereby give order and Warrand to the Magistrats of Burghs and keepers of their prisons within which the petitioner may be to5 sett him at Liberty for which this shall be to all persones concerned a sufficient warrand

1. NRS, PC2/27, 139r-141r.

2. Closing bracket missing.

3. Closing bracket missing.

4. The word ‘the’ scored out here.

5. Insertion.

1. NRS, PC2/27, 139r-141r.

2. Closing bracket missing.

3. Closing bracket missing.

4. The word ‘the’ scored out here.

5. Insertion.

Act, 8 September 1698, Edinburgh

Edinburgh The Eight day of September Jaj vic Nyntie Eight years

D1698/9/21

Act

Act Anent a Woollen Manufactory at Aberdeen

Anent the petition given in to the Lords of his Majesties privy Councill by Thomas Mitchell John Allerdyce, Alexander Forbes John Johnstone and others Co-perrtners Shewing That wher by the acts of parliament Jaj vic sixtie one and Jaj vic Eightie one all his Majesties Leidges are invited and incouradged to sett up Manufactories as tending greatly to the2 inriching of the kingdome and increasing of trade therof Likeas It is weell knowen how much the burgh of Aberdeen and inhabitants therof have in all times been disposed to the makeing of Cloath and Stuffs Stockings plaids and all other profitable works in wooll, so that it appears most personable and advantadgeous That in favors of the petitioners ane woollen Manufactory Should be sett up and Authorized within the said burgh with such priviledges and Immunities as are granted by the Acts of parliament and may be most proper for encouraging and advanceing the Same And that the petitioners be Impowered to appoint masters directors and other officers and servants for the said Manufactory who and their Successors in office may exerce their respective offices in and about the same as use is in the Like cases. And Therfore Humbly Supplicating to the effect aftermentioned, The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be Thomas Mitchell John Allerdyce, Alexander Forbes John Johnstone and other Copartiners, They hereby Allow the petitioners and their Copairtners To sett up and erect a Manufactory of Wooll within the said burgh of Aberdeen, And have Declared and hereby Declares the said Manufactory to be called the Woollen Manufactory of Aberdeen, And Declares that it shall be a Lawfull manufactory and shall have the priviledges and Immunities which are granted in the generall act mentioned in the said petition In favors of Manufactories in so farr as may be Consistant with the Liberties and priviledges of the said burgh of Aberdeen.

Edinburgh The Eight day of September Jaj vic Nyntie Eight years

D1698/9/21

Act

Act Anent a Woollen Manufactory at Aberdeen

Anent the petition given in to the Lords of his Majesties privy Councill by Thomas Mitchell John Allerdyce, Alexander Forbes John Johnstone and others Co-perrtners Shewing That wher by the acts of parliament Jaj vic sixtie one and Jaj vic Eightie one all his Majesties Leidges are invited and incouradged to sett up Manufactories as tending greatly to the2 inriching of the kingdome and increasing of trade therof Likeas It is weell knowen how much the burgh of Aberdeen and inhabitants therof have in all times been disposed to the makeing of Cloath and Stuffs Stockings plaids and all other profitable works in wooll, so that it appears most personable and advantadgeous That in favors of the petitioners ane woollen Manufactory Should be sett up and Authorized within the said burgh with such priviledges and Immunities as are granted by the Acts of parliament and may be most proper for encouraging and advanceing the Same And that the petitioners be Impowered to appoint masters directors and other officers and servants for the said Manufactory who and their Successors in office may exerce their respective offices in and about the same as use is in the Like cases. And Therfore Humbly Supplicating to the effect aftermentioned, The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be Thomas Mitchell John Allerdyce, Alexander Forbes John Johnstone and other Copartiners, They hereby Allow the petitioners and their Copairtners To sett up and erect a Manufactory of Wooll within the said burgh of Aberdeen, And have Declared and hereby Declares the said Manufactory to be called the Woollen Manufactory of Aberdeen, And Declares that it shall be a Lawfull manufactory and shall have the priviledges and Immunities which are granted in the generall act mentioned in the said petition In favors of Manufactories in so farr as may be Consistant with the Liberties and priviledges of the said burgh of Aberdeen.

1. NRS, PC2/27, 138v-139r.

2. The word ‘encouradging’ scored out here.

1. NRS, PC2/27, 138v-139r.

2. The word ‘encouradging’ scored out here.

Sederunt, 8 September 1698, Edinburgh

Edinburgh The Eight day of September Jaj vic Nyntie Eight years1

D1698/9/12

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Duke of Queensbery P:S:; Marquis of Twedale; Earl of Argyle; Earl of Erroll; Earl of Southerland; Earl of Marr; Earl of Mortoune; Earl of Eglingtoune; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Earl of Ruglen; Lord Yester; Viscount Seafeild S:; Viscount Teviot; Viscount Dupline; Lord Strathanver; Lord Montgomrie; Lord Forbes; Lord Ross; Lord Carmicheall; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Rankeillor; Mr Fra: Montgomrie; Laird of Grant; Laird of Blackbarrony

Edinburgh The Eight day of September Jaj vic Nyntie Eight years1

D1698/9/12

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Duke of Queensbery P:S:; Marquis of Twedale; Earl of Argyle; Earl of Erroll; Earl of Southerland; Earl of Marr; Earl of Mortoune; Earl of Eglingtoune; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Earl of Ruglen; Lord Yester; Viscount Seafeild S:; Viscount Teviot; Viscount Dupline; Lord Strathanver; Lord Montgomrie; Lord Forbes; Lord Ross; Lord Carmicheall; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Rankeillor; Mr Fra: Montgomrie; Laird of Grant; Laird of Blackbarrony

1. NRS, PC2/27, 138v.

2. NRS, PC2/27, 138v.

1. NRS, PC2/27, 138v.

2. NRS, PC2/27, 138v.

Order, 8 September 1697, Edinburgh

Att Edinburgh the Eight day of September Jaj vic nyntie seven yeirs

D1697/9/81

Order

Anent Letter the maister of Cathcart at desyre of Commissioners of the Shyre of Air

The Counsell haveing considered a Letter Direct from the maister of Cathcart at desyre of Commissioners of Supplie within the Shyre of Air To The Lord High Chancellor They heirby appoint the said Maister of Cathcart to Signifie by a Letter wnder his hand the names of the persones that the Shyre would have appointed in the Severall Jwrisdictiones of Kyll Carrick and Cwninghame Specified in the said Letter And to retwrne the Same against the next meeting of Cowncell which is upon the fifth day of October next ensweing

Att Edinburgh the Eight day of September Jaj vic nyntie seven yeirs

D1697/9/81

Order

Anent Letter the maister of Cathcart at desyre of Commissioners of the Shyre of Air

The Counsell haveing considered a Letter Direct from the maister of Cathcart at desyre of Commissioners of Supplie within the Shyre of Air To The Lord High Chancellor They heirby appoint the said Maister of Cathcart to Signifie by a Letter wnder his hand the names of the persones that the Shyre would have appointed in the Severall Jwrisdictiones of Kyll Carrick and Cwninghame Specified in the said Letter And to retwrne the Same against the next meeting of Cowncell which is upon the fifth day of October next ensweing

1. NRS, PC2/27, 41v.

1. NRS, PC2/27, 41v.

Act, 8 September 1697, Edinburgh

Att Edinburgh the Eight day of September Jaj vic nyntie seven yeirs

D1697/9/71

Act

Act Earle of Kincardine

Anent The petitione given in to The Lords of his majesties privie Counsell be Alexander Earle of Kincardin Shewing That wher Some yeirs agoe upon applicatione made to ther Lordships by the petitioner And the Countess of Kincardine his mother the charter chist of the deceast Earle of Kincardine his father was ordered to be putt in the custodie of the clerks of privie Counsell that it might ther remaine in securitie from any imbazlement of the rights And seing severall of the tennents of the estate of Kincardine are presentlie persewed befor the regalitie Court of Dumferleing and other inferior Courts at the instance of severall persones Some pretending right to the teinds and others to the rents And that the Saids perswtes cannot be defended wnles the originall rights which the petitioners said deceast father had to the saids Lands and teinds be gott up to defend in the foirsaids actiones And therfore humbly Craveing to the effect efter mentioned As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione And that the Creditors of the estate of Kincardin have given in no answers therto albeit they were allowed to sie and ansuer the same Togither with the inventar of the wrytes and parliaments which the Earle Craves up They heirby allow ther Clerks of Counsell to deliver to the said Alexander Earle of Kincardine the haill wrytes and evidents Contained in the foirsaid inventar at sight of The Earle of Bwchan and the Lord Justice Clerk And that upon Swch obligatione and Security as ther Lordships Shall be Satisfied with That The Earle Shall restore and redeliver the wrytes borroued And that against Such a day or tyme As the Saids Lords Shall think fitt to appoint And allowes any of the creditors to be present

Att Edinburgh the Eight day of September Jaj vic nyntie seven yeirs

D1697/9/71

Act

Act Earle of Kincardine

Anent The petitione given in to The Lords of his majesties privie Counsell be Alexander Earle of Kincardin Shewing That wher Some yeirs agoe upon applicatione made to ther Lordships by the petitioner And the Countess of Kincardine his mother the charter chist of the deceast Earle of Kincardine his father was ordered to be putt in the custodie of the clerks of privie Counsell that it might ther remaine in securitie from any imbazlement of the rights And seing severall of the tennents of the estate of Kincardine are presentlie persewed befor the regalitie Court of Dumferleing and other inferior Courts at the instance of severall persones Some pretending right to the teinds and others to the rents And that the Saids perswtes cannot be defended wnles the originall rights which the petitioners said deceast father had to the saids Lands and teinds be gott up to defend in the foirsaids actiones And therfore humbly Craveing to the effect efter mentioned As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione And that the Creditors of the estate of Kincardin have given in no answers therto albeit they were allowed to sie and ansuer the same Togither with the inventar of the wrytes and parliaments which the Earle Craves up They heirby allow ther Clerks of Counsell to deliver to the said Alexander Earle of Kincardine the haill wrytes and evidents Contained in the foirsaid inventar at sight of The Earle of Bwchan and the Lord Justice Clerk And that upon Swch obligatione and Security as ther Lordships Shall be Satisfied with That The Earle Shall restore and redeliver the wrytes borroued And that against Such a day or tyme As the Saids Lords Shall think fitt to appoint And allowes any of the creditors to be present

1. NRS, PC2/27, 41r-41v.

1. NRS, PC2/27, 41r-41v.

Act, 8 September 1697, Edinburgh

Att Edinburgh the Eight day of September Jaj vic nyntie seven yeirs

D1697/9/61

Act

Act Margaret Traill relict of James Scott of Bristo

Anent the petitione given in to The Lords of his majesties privie Counsell be Margaret Traill relict of James Scott of Bristo Shewing That wher her husband at his decease in May Jaj vic nyntie one Left the petitioner Eleven childrein all wnprovided And that by her contract of mariadge and his disposition in implement therof He disponed to the petitioner in liferent his Lands of Orchardfeild and Bristo And yet by reasone of Some incumberances which both he and the petitioner hoped might be purged She never gott the possessione of her said Jointure And now her Son and his fathers appearand Air haveing raised a Sumonds of Sale of his fathers whole Lands and estate The Same are now Seqwestrat by the Lords and a factor appointed to intrometted wherby the petitioner is qwite excluded And Seing that besydes her own destitut conditione She has also her said fatherles childrein to mentaine and edwcat And that in Swch caices ther Lordships are in wse to ordaine ane aliment in the mean tyme Speciallie wher the petitioner is hopefwll That by the Sale of the Lands the creditors may be clared and ane overplus remaine And therfore humbly craveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Cownsell They in respect of the wrytes prodwced And that ther is no ansuer given in to the petitione Doe heirby modifie and allow the Soume of Ane Thowsand merks Scotts to be payed to the petitioner upon her own recept as ane yeirlie aliment for herself and her childrein And that qwarterlie begining the first qwarters payment therof at the terme of Mertimes next to come for the qwarter preceeding and the other qwarters to be at the termes of Candlemiss Whitsonday and Lambmes next to come And decernes and ordaines the tennents and possessors of the Lands of Orchardfeild and Bristo which belonged to the petitioners deceast husband and Alexander Cwninghame writer in Edinbwrgh factor foirsaid appointed by The Lords of Sessione for uplifting the rents of the saids Lands to make payment and Satisfactione to the said petitioner of the said aliment at the termes foirsaids And ordaines Letters of horneing on fiftein dayes and others neidfull to be direct heiron under the Signot of Counsell in forme as effeirs

Att Edinburgh the Eight day of September Jaj vic nyntie seven yeirs

D1697/9/61

Act

Act Margaret Traill relict of James Scott of Bristo

Anent the petitione given in to The Lords of his majesties privie Counsell be Margaret Traill relict of James Scott of Bristo Shewing That wher her husband at his decease in May Jaj vic nyntie one Left the petitioner Eleven childrein all wnprovided And that by her contract of mariadge and his disposition in implement therof He disponed to the petitioner in liferent his Lands of Orchardfeild and Bristo And yet by reasone of Some incumberances which both he and the petitioner hoped might be purged She never gott the possessione of her said Jointure And now her Son and his fathers appearand Air haveing raised a Sumonds of Sale of his fathers whole Lands and estate The Same are now Seqwestrat by the Lords and a factor appointed to intrometted wherby the petitioner is qwite excluded And Seing that besydes her own destitut conditione She has also her said fatherles childrein to mentaine and edwcat And that in Swch caices ther Lordships are in wse to ordaine ane aliment in the mean tyme Speciallie wher the petitioner is hopefwll That by the Sale of the Lands the creditors may be clared and ane overplus remaine And therfore humbly craveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Cownsell They in respect of the wrytes prodwced And that ther is no ansuer given in to the petitione Doe heirby modifie and allow the Soume of Ane Thowsand merks Scotts to be payed to the petitioner upon her own recept as ane yeirlie aliment for herself and her childrein And that qwarterlie begining the first qwarters payment therof at the terme of Mertimes next to come for the qwarter preceeding and the other qwarters to be at the termes of Candlemiss Whitsonday and Lambmes next to come And decernes and ordaines the tennents and possessors of the Lands of Orchardfeild and Bristo which belonged to the petitioners deceast husband and Alexander Cwninghame writer in Edinbwrgh factor foirsaid appointed by The Lords of Sessione for uplifting the rents of the saids Lands to make payment and Satisfactione to the said petitioner of the said aliment at the termes foirsaids And ordaines Letters of horneing on fiftein dayes and others neidfull to be direct heiron under the Signot of Counsell in forme as effeirs

1. NRS, PC2/27, 40v-41r.

1. NRS, PC2/27, 40v-41r.

Procedure, 8 September 1697, Edinburgh

Att Edinburgh the Eight day of September Jaj vic nyntie seven yeirs

D1697/9/51

Procedure

Duke of Gordones Comitie to be Subscribed

The Councell appoints the Comitie nominat upon the tenth day of Augwst Last anent the Thrie Hundereth punds Sterleing agried by the Dwke of Gordone to be payed for bringing home his dwtches to Scotland to be extended and Subscribed of the former daite for the haill five Hundereth pund Sterleing which was done accordingly

Att Edinburgh the Eight day of September Jaj vic nyntie seven yeirs

D1697/9/51

Procedure

Duke of Gordones Comitie to be Subscribed

The Councell appoints the Comitie nominat upon the tenth day of Augwst Last anent the Thrie Hundereth punds Sterleing agried by the Dwke of Gordone to be payed for bringing home his dwtches to Scotland to be extended and Subscribed of the former daite for the haill five Hundereth pund Sterleing which was done accordingly

1. NRS, PC2/27, 40r-40v.

1. NRS, PC2/27, 40r-40v.

Sederunt, 8 September 1697, Edinburgh

Att Edinburgh the Eight day of September Jaj vic nyntie seven yeirs1

D1697/9/42

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Sutherland; Earl of Bwchan; Earl of Leven; Earl of Annandale; Earl of Rwglen; Lord Ross; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Laird of Blackbarrony; Laird of Cessnock; Sir Patrick Murray

Att Edinburgh the Eight day of September Jaj vic nyntie seven yeirs1

D1697/9/42

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Sutherland; Earl of Bwchan; Earl of Leven; Earl of Annandale; Earl of Rwglen; Lord Ross; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Laird of Blackbarrony; Laird of Cessnock; Sir Patrick Murray

1. NRS, PC2/27, 40r.

2. NRS, PC2/27, 40r.

1. NRS, PC2/27, 40r.

2. NRS, PC2/27, 40r.

Act, 7 September 1697, Edinburgh

Att Edinburgh the Seventh day of September Jaj vic nyntie Seven years

D1697/9/31

Act

Act Laird of Culloden

Anent the petitione given in to the Lords of his majesties privie Counsell be Dwncan Forbess of Culloden Shewing that the Kingdome being by the act of parliament Jaj vic and Sixtie thrie Lyable to a militia of twentie Thowsand foot and two thowsand horse which is proportioned upon the severall Districts Conforme to the tenor of the said act In which proportioneing The Commissioners for the District of The Earle of Seaforth and Lord Lovatt benorth Ness haveing Laird bwrden upon the petitioners Lands of Ferrintosh as lying Locallie within ther divisione with which also it was in wse to contribute in all former Leveyes And the Shyre of Nairne Clameing that the Same Lands doe belong to ther Divisione as being a pendicle of that Shirreffship althowgh they be farr separat from Nairne by ane interjected Sea and many myles of Land Yet hath the said Shyre of Nairne layed a proportione of ther burden upon the petitioners saids Lands also Throwgh which Strife betuixt the two districts the petitioners Lands are allwayes in hazard of qwartering or pounding for the deficiencie of Nairne Notwithstanding that he and his saids Lands have never been deficient of any pairt of aither militia Leveyes or recrwites to this present houre haveing all wayes payed the Same to the district of Seaforth and Lovatt As the recepts and discharges under the hands of the respective Commanders and officers of foot and horse who uplifted the Same therwith prodwced doeth testifie And Since It is impossible the petitioners Lands can belong to both the districts at oure And that he can only be lyable in once and Single payment And therfore humbly craveing ther Lordships to Suspend all orders of qwartering given or to be given by the Commissioners of the Shyre and district of Nairne ay and while it be determined by ther Lordships which of the two have best right to the petitioners Lands And in the mean tyme authorize the petitioner to continue his payment Sicwt ante untill it be otherwayes determined by Law As the Said petitione bears The saids Lords of his majesties privie Cownsell haveing Considered the above petitione with the discharges mentioned therin and prodwced therwith They heirby allow the Commissioners for the Shyre of Nairne to sie and answer the Same against the first Counsell day in November next to come And in the mean tyme Discharges the Commissioners of the said Shyre and district of Nairne to qwarter upon the petitioner or his tennents or Lands untill it be determined by ther Lordships who have best right and allowes the petitioner to continwe his payment Sicut ante untill it be otherwayes determined

Att Edinburgh the Seventh day of September Jaj vic nyntie Seven years

D1697/9/31

Act

Act Laird of Culloden

Anent the petitione given in to the Lords of his majesties privie Counsell be Dwncan Forbess of Culloden Shewing that the Kingdome being by the act of parliament Jaj vic and Sixtie thrie Lyable to a militia of twentie Thowsand foot and two thowsand horse which is proportioned upon the severall Districts Conforme to the tenor of the said act In which proportioneing The Commissioners for the District of The Earle of Seaforth and Lord Lovatt benorth Ness haveing Laird bwrden upon the petitioners Lands of Ferrintosh as lying Locallie within ther divisione with which also it was in wse to contribute in all former Leveyes And the Shyre of Nairne Clameing that the Same Lands doe belong to ther Divisione as being a pendicle of that Shirreffship althowgh they be farr separat from Nairne by ane interjected Sea and many myles of Land Yet hath the said Shyre of Nairne layed a proportione of ther burden upon the petitioners saids Lands also Throwgh which Strife betuixt the two districts the petitioners Lands are allwayes in hazard of qwartering or pounding for the deficiencie of Nairne Notwithstanding that he and his saids Lands have never been deficient of any pairt of aither militia Leveyes or recrwites to this present houre haveing all wayes payed the Same to the district of Seaforth and Lovatt As the recepts and discharges under the hands of the respective Commanders and officers of foot and horse who uplifted the Same therwith prodwced doeth testifie And Since It is impossible the petitioners Lands can belong to both the districts at oure And that he can only be lyable in once and Single payment And therfore humbly craveing ther Lordships to Suspend all orders of qwartering given or to be given by the Commissioners of the Shyre and district of Nairne ay and while it be determined by ther Lordships which of the two have best right to the petitioners Lands And in the mean tyme authorize the petitioner to continue his payment Sicwt ante untill it be otherwayes determined by Law As the Said petitione bears The saids Lords of his majesties privie Cownsell haveing Considered the above petitione with the discharges mentioned therin and prodwced therwith They heirby allow the Commissioners for the Shyre of Nairne to sie and answer the Same against the first Counsell day in November next to come And in the mean tyme Discharges the Commissioners of the said Shyre and district of Nairne to qwarter upon the petitioner or his tennents or Lands untill it be determined by ther Lordships who have best right and allowes the petitioner to continwe his payment Sicut ante untill it be otherwayes determined

1. NRS, PC2/27, 39v-40r.

1. NRS, PC2/27, 39v-40r.