[1703/5/65]*[print] [email] [cite] [preceding] [following]
Prayers said. The rolls called.
The minuts of the last sederunt read.
Agreed that the contraverted elections be considered next sitting of parliament before any other business whatsoever.
Petition by the lord advocat for a warrand to cite Robert Johnstoun of Straitoun and others in order to a proveing the tenor of lost writts, read, and the warrand granted.
[1703/5/66]*[print] [email] [cite] [preceding] [following]
Moved that the lord register make his report from the records how the lairds of Cavers, when elected with knights baronet to represent the shire of Roxburgh, were in use to be ranked in the rolls, and agreed that the report be considered the next sitting of parliament and Sir William Ker of Greenhead allowed to see it in the mean time.
[1703/5/67]*[print] [email] [cite] [preceding] [following]
Petition for William Hog of Harcarse, desireing certain priviledges for his woollen manufactory, read and ordered to ly on the table.
Petition for George Lockhart, merchant in Glasgow, for a recommendation of his case to her majestie and the lords commissioners of the thesaury, read, and the desire thereof granted as follows:
Her majesties' high commissioner and the estates of parliament, haveing heard the representation and petition of George Lockhart, merchant in Glasgow, now surveyor of her majesties' customs at Prestounpans, humbly shewing unto them that where dureing the late warrs and since the year jM vjC and ninety the petitioner has sustained great losses in the fair way of trade and merchandizeing, haveing had taken from him and lost his share of twenty two ships and their cargoes which were very considerable and amounted to a great value, as was clearly and particularly attested by a list of the said ships expressing their names, burdens, masters' names, loadings, how and where taken and lost, subscribed by the magistrats of Glasgow, with the common seal of that city thereto affixed, which was given in to the clerk of register's hands. Likeas, since the subscribeing of the said list, the petitioner did in the years jM vjC and ninety nine and jM vijC and one loss his share of two ships more, one loaded with linnings, herrings etc. bound for the island of Madera, the other homeward bound from Norway. As also, he lost considerably in the joynt stock of the Company of Scotland Tradeing to Africa and the Indies, besides several other losses, whereby it is evident that the said losses that have befallen the petitioner, as a fair adventurer, must be very grievous and unsupportable. And seeing such extraordinary losses in the way of honest trade for support of himself and familie and the improveing the trade of the nation and for increase of her majesties' customes (to which the petitioner hath really payed upwards of ten thousand pound[s] sterling on account of himself and partners) did deserve his grace and their lordships' consideration, and that the same is also agreeable to her majesties' gracious letter and the lord commissioner's and the lord chancellor's speeches, all recommending the encouragement of trade which can not be done more effectually than by helping and relieving honest, unfortunat adventurers, therefore, humbly craveing his grace and their lordships graciously to commiserat the petitioner's sad losses and the hardships that he and his wife and seven children do thereby suffer, and at least recommend him to such an office and imployment about her majesties' customes as he may be capable to discharge, and whereby he may obtain some honest support and relief, he finding sufficient security, as use is, or otherwayes as his grace and their lordships should think fit, as the said representation and petition bears. Which his grace and the said estates, haveing considered, they have recommended and hereby recommend the petitioner to her majestie and to the lords of her thesaury to imploy him in such office or imployment about her majesties' customes as he may be capable to discharge, whereby he may obtain some honest support and relief, he finding sufficient security as use is.
Petition for James Oliphant of Langtoun relating to the surviveance of the first office which shall be vacant amongst the six ordinary clerks of session, read and ordered to ly on the table.
[1703/5/68]*[print] [email] [cite] [preceding] [following]
The draught of an act prohibiting butchers to be grasiers, read and ordered to ly on the table; and thereupon it was recommended to the lords of session to regulat the prices of wines and vivers within the toun of Edinburgh.
Moved that an overture for the better imploying the poor offered by Doctor Hugh Chamberland be considered and the consideration thereof delayed till the first sitting of parliament for privat business.
Petition by Alexander Nisbet for inabling him to perfect his book of herauldry, read and ordered to ly on the table.
Agreed that the act in favors of the toun of Glasgow be considered the next sitting of parliament.
Petition for the managers of the woollen and silk manufactories read, and delayed untill the condition of the trade of the nation be considered.
[1703/5/69]*[print] [email] [cite] [preceding] [following]
The summonds for liberation and protection raised by Mr William Gordon against his creditors being called in common form, and Sir William Hope of Balcomie, the only compearing creditor, having consented with that quality, the pursuer was ordained to be liberat and his protection granted conditionally, that if at any time he or any of his hounding out or ratihabition should molest the said Sir William in the peaceable possession of the lands of Balcomie, the protection, in so far as concerned Sir William's interest, should ipso facto become void and null, as is fully exprest in the following act pronunced in the said matter.
[1703/5/70]*[print] [email] [cite] [preceding] [following]
Anent the summonds and action raised and pursued before her majesties' high commissioner and the estates of parliament at the instance of Mr William Gordon of Balcomie, advocat, against James Fairfoull, sometime of Kilduncan, now tennent in Newbigging, John Jollie, merchant in Edinburgh, Sir William Hope, late deputy governour of the castle of Edinburgh, Charles Meinzies, writer to the signet, Sir Thomas Young of Rosebank, Thomas Learmonth, eldest lawfull son to the deceassed Mark Learmonth, advocat, Jean Hay, his mother, and John Hay of Alderstoun, his tutors, Margaret Mackgill, daughter to umquhile John Mackgill, merchant in Edinburgh, and Alexander Swintoun, baillie of Dysart, creditors to the said Mr William Gordon, mentioning that where the said Sir William Hope, late deputy governour of the castle of Edinburgh, haveing (as it is too well known), without ever being a creditor to the Lord Balcomie, the complainer's grandfather, or the complainer in a six pence or any disobligation given him, not only bought in from Mr James Balfour and Mr George Arnot, the complainer's trustees, the haill heretable rights that the complainer had impignorat in their hands, by which, after the most barbarous and unheard of manner that ever was practised in a Christian countrey, the said Sir William Hope has ejected the complainer, his wife and family from their ancient inheritance, but finding that could be no sufficient security to him, he next buyes in all the personall debts he could find out against the complainer, and albeit he had poinded the complainer's corns and other goods to the value of five thousand pounds Scots, altho the haill that ever was due to him did not amount to two thousand pounds, thereafter incarcerated the complainer's person where he has remained these twenty four moneths bypast, of designe to compell him to grant to Sir William Hope a voluntar disposition to his haill rights, that so being master thereof he might possess the haill estate for a very little thing and defraud all the others of his grandfather's lawfull creditors. [And] albeit primo, by Sir William's intromissions, with the haill effects of the complainer for these two years bypast, he is much more than satisfied and payed of all is due to him, either as come in place of the complainer's trustees or as assigney to any other of the complainer's creditors, as is evident by the process of compt and reckoning concluded before the right honourable the earle of Lauderdale. Secundo, as to any other debts he can pretend right to the complainer did at Whitsunday one thousand, seven hundreth and two years, consigne the sum of fourty-two thousand, three hundred merks, and did thereupon execute a declarator of redemption, upon which there was an act of compt and reckoning extracted last session as the samine bears. Tertio, in the session of parliament jM vijC the complainer gave in a petition to the parliament for a warrand for a sale of the lands of Kilminnan, mill thereof and teinds thereof, which the complainer was still willing that the price of the same should be applyed for clearing of all his pretensions, if any thing should be found due after the conclusion of the foresaid two processes,† notwithstanding of all which he was still detained prisoner in the Cannongate tolbuith and debarred from attending his affairs about the parliament house, to his great loss and hazard of his life, whereby he had already contracted very heavy and lethiferous diseases, as testificats under skilfull and experienced phisicians' hands do bear. And the said complainer, having no other remedy under God now left but to apply to her majestie and her commissioner and estates of parliament for a liberation from the said tedious imprisonment, and for protection to his person for the future, as was granted in the like case to Sir David Cunninghame of Robertland who, being incarcerate in the tolbuith of Air by his creditors, was, by order of the parliament jM vjC and ninety three, set at liberty, and upon citation of and granting a disposition to his creditors, ay and while they were payed, protection was granted to him dureing life. Wherefore necessar it was for the complainer to have summonds direct at his instance for citeing the said Sir William Hope and his other creditors to hear and see the said protection granted and warrand for his liberation, upon a disposition of his estate in manner underwritten as was alleadged, and anent the charge given to the said defenders in manner aftermentioned to have compeared before her majesties' said commissioner and the estates of parliament, at a certain day now bygone, to answer at the instance of the said pursuer in the action and cause libelled in the foresaid summonds, and to have heard and seen protection granted by her majestie, with advice and consent of the estates of parliament, to the said Mr William Gordon, and him ordained to be set at libertie upon the above disposition of his estate, in the terms of the act of parliament anent protections, or else to have given in objections why the said protection should not pass, with certification if they failyied protection would be granted in manner foresaid, as the said summonds with the executions therof in themselves more fully bears. The said Mr William Gordon, pursuer, compearing be Mr Francis Grant, advocat, his procurator, who produced in presence of her majesties' said commissioner and the said estates a disposition and assignation granted by the said Mr William Gordon on the seventh day of June instant, whereby he made, constitute and ordained the said James Fairfoull, John Jollie, Charles Meinzies, Sir William Hope, Sir Thomas Young, Thomas Learmonth, Jean and John Hayes, Janet Mackgill and Alexander Swintoun his very lawfull undoubted and irrevocable cessioners and assigneyes, in and to all debts, sums of money, goods and geir, outsight and insight plenishing, horse, nolt, sheep, corns, cattle, and other goods and geir whatsoever belonging to him any manner of way, and specially not with the generality foresaid, in and to all right, title, interest he had or could pretend to a decreet and process of appriseing led at the instance of the deceassed Mr William Mortoun against the estate of Balcomie for the sum of twelve thousand, two hundred and fifty merks; and to a decreet and process of appriseing led at the instance of the deceassed Alexander Dounie against the said estate for the sum of two thousand merks of principal; and in and to an infeftment of annualrent equivalent to the principal sum of sixteen hundred merks due by the deceassed Sir James Learmonth of Balcomie to Sir John Aytoun of that ilk; and in and to an infeftment of annualrent equivalent to the principal sum of one thousand merks Scots money granted by the said Sir James Learmonth to Mr [...] Martine; and in and to an infeftment of annualrent equivalent to the principal sum of one thousand pounds Scots granted by the said Sir James Learmonth to [...] Gourlay of Kincrage; and in and to the sum of five hundreth merks contained in a bond granted by the said Sir James Learmonth to Alexander Black in Anstruther; and in and to the haill teinds, parsonage and vicarage, of the said lands of Balcomie and Kilminnan, and that in full payment and satisfaction to the forenamed persons and ilk ane of them for their respective interests, ay and while they be satisfied and payed of the sums of money, principal annualrents and expences mentioned in the said disposition and assignation, as the samen lying in the said process bears. And also produced an testificat dated the second of March, jM vijC and three years, under the hand of Sir Patrick Maxwell and Alexander Hay, bearing that they did find the said Mr William Gordon to a great degree affected with scurbutick humours, the mass of the blood being spoiled, which did evidently appear after he had received some things proper for his cure, all which, in their judgement, hath been occasioned by his long imprisonment, for it was their opinion that his disease, being groun to a great and dangerous degree, can hardly be cured without he go on to take such medecine from time to time as may put a stand to the grouth of the distemper and truely proper for his cure, and have the liberty of the free air especially then in the spring time, without all which he must certainly be in great danger not onely of health but of his life, being it is the nature of this desease still to grow more and more dangerous, as the said certificat also extant in process bears. And the said Sir William Hope, one of the said defenders compearing by Sir Walter Pringle, advocat, his procurator, and the remanent defenders abovenamed being lawfully summoned to this action, oft times called and not compearing, the foresaid summonds and executions thereof and haill process with what was represented by either party in manner aftermentioned, being all at length heard, seen and considered by his grace her majesties' said commissioner and the foresaid estates of parliament, and they being therewith weel and ryply advised, our sovereign lady the queen's majestie, with advice and consent of the estates of parliament, hath ordained and hereby ordains the said Mr William Gordon, pursuer, to be set at liberty out of the tolbuith of the Cannongate where he is prisoner, and for the future has granted and hereby grant to the said Mr William Gordon personall protection against all dilligence for civil debts at the instance of his forenamed creditors called in this process, with this express quality that if ever hereafter the said Mr William Gordon, or any of his hounding out or ratihabition, shall trouble, molest or disturb the said Sir William Hope or his tennents in their persons or in the peaceable possession of their houses and estate of Balcomie, otherwayes than by order of law, he shall lose the benefite of the protection hereby granted in so far as concerns the said Sir William Hope. Because the said John Jollie, Sir William Hope, Charles Meinzies, Sir Thomas Young, Thomas Learmonth and Jean Hay, being all lawfully summoned, personally apprehended by an messenger at arms, and the remanent other defenders being lawfully cited at their respective lodgeings, dwelling houses and chambers to have compeared at an certain day now bygone, with continuation of dayes, before the said high commissioner and the said estates to have answered at the instance of the said pursuer in the foresaid action and cause lybelled, with certification as said is, and none of the forenamed defenders compearing except the said Sir William Hope, the said Mr Francis Grant, at calling of the foresaid action and cause upon the day and date of thir presents, resumed his process for the pursuer and craved liberation and protection in respect of the reasons libelled and disposition by Mr William Gordon in favors of his creditors lying in process in manner foresaid. Whereupon the said Sir Walter Pringle, procurator foresaid for the said Sir William Hope, declared he was satisfied that Mr William Gordon should have his liberty and personal protection, but with this quality that if ever hereafter Mr William Gordon, or any of his hounding out or ratihabition, shall trouble, molest or disturb the said Sir William Hope or his tennents in their persons or in the peaceable possession of their houses and estate of Balcomie, otherwayes than by order of law, he shall lose the benefite of his protection. Which haill process, with what is above represented, being advised by his grace her majesties' high commissioner and the said estates of parliament, there was order for setting the said Mr William at liberty and a protection to him granted in manner and with the quality foresaid. Extracted.
[1703/5/71]*[print] [email] [cite] [preceding] [following]
The draught of an act inlargeing the time of compearing in summonds and other legall executions within the shire of Caithness, read and ordered to ly on the table.
Ordered that unless the earl of Forfar's answers to the petition of the marquess of Douglass be given in the next sitting of parliament, the desire of the petition be granted.
[1703/5/72]*[print] [email] [cite] [preceding] [following]
The action for remeed of law, at the instance of the laird of Pourie against the Lord Gray, called and debated by the advocats for either party at full lenth, in adviseing of which debate, it being moved that the lords of session should be declined to judge in the cause as haveing pronunced the decreet in question, it was put to the vote if the lords of session who were members of parliament could be declined in the cause yea or no, and carried no. It was then moved that in order to the decision the vote might be stated in these terms viz: if the size fish libelled fell under the disposition and clause of warrandice in favors of Pourie, yea or no; and, it being moved thereafter that the vote might be rather stated in the words, adhere etc. or alter the decreet, it was put to the vote whither the first or second should be voted and carried the second state.
The lord chancellour, by order of her majesties' high commissioner, adjourned the parliament till Thursday next at ten a clock.