Act, 20 March 1694, Edinburgh

Act, 27 December 1694, Edinburgh

Att Edinburgh the Tuentieth day of March Jaj vic nyntie four years

A1694/3/421

Act

Act For treating uith the rebells in the Bass

The Lords of their Majesties privie Councill Considering That James Midletoune prisoner in the tolbooth of Edinburgh sentenced to death by the Lords Commissioners of Justiciary For treasonable Joyning and Corresponding uith the rebells in the Bass And having heard a Letter from the said James to the Lord High Chancelor Humbly Craving allowance To the effect he may deall uith his brother the pretended Governour of the Bass to surrender and delyver up that Fort to the government The saids Lords Recommends to Sir Thomas Livingstoune Commander in Cheiff of their Majesties forces uithin this Kingdome to transport under a sufficient guaird the said James Midletoune from the tolbooth of Edinburgh to Castletoune over against the Bass whom The Magistrats of Edinburgh are heirby ordered to delyver to that effect And ther that the said Sir Thomas Cause a parley to be offered uith the rebells in the Bass And that if the same be accepted by them The said Sir Thomas or the officer to whom he shall trust the execution of thir presents shall Demand the persons of […] Midletoune brother to the said James and any other sufficient man of the saids rebells to be delyvered at Castletoune to the said officer as Hostages for the said James Midletoune And upon receaving the saids hostages The said Sir Thomas Livingstoune or officer forsaid Intrusted by him are to permitt and allow And if need beis to give a pass to the said James Midletoune to saile over to the said Isle of the Bass and Enter uithin the garrisone therof and make his abode and stay ther for the space of tuelve houres wind and weather serving And to Deall and use his outmost Endeavoures uith his brother and garrisone in the Bass for surrendering and delivering up the samen to the said Sir Thomas Livingstoune or Lords of their Majesties privie Councell uithin the space of Four and tuenty houres after his2 Landing at the Bass upon such tearms as the said Sir Thomas or the officer forsaid Intrusted by him shall aggree to And uith speciall pouer to the said James Midletoune to Certifie and give assurance to his said Brother and garrisone forsaid That upon surrender forsaid not only the said James Midletoune but Lykeuayes the haill other persons Condemned to dye upon account of the Bass viz […] Halyburtone […] Fraser John Trotter Alexander McLeish William Wotham and William Nicolsone uith the said James Midletoune shall be freely and fullie pardoned and sett at Libertie to stay or goe out of this Kingdome at their pleasure with Certification That in case the said James Midletoune shall not duely returne from the Bass and delyver himself againe at Castletoune to the said Sir Thomas Livingstoune or officer Intrusted by him Then the hostages delivered to and in Keeping of the said officer shall be presently executed to death by being hanged upon the Gibbett at Castletoune till they be dead Conform to the martiall Law in such caises But in case aither the said parley shall not be accepted or that the said James Midletoune shall returne and delyver himself prisoner at Castletoune uithout effectuating the surrender of the Bass Then the said Sir Thomas Livingstoune or officer Intrusted by him are to returne and bring back the said James Midletoune under a sufficient guaird and delyver him prisoner to the tolbooth of Edinburgh wher the Magistrats and Keeper of their tolbooth are to receave him and detaine him in safe Custody till the sentence of death pronunced against him be duely execute For the due and punctuall execution of all which Thir presents shall be to the said Sir Thomas Livingstoune and officer forsaid Intrusted by him and all others concerned ane sufficient Command and warrand As also appoints the Clerks of Councill to give out extracts heirof to the said James Midletoune or any concerned in the premisses In order to the forsaid treaty for their full assurance theranent sic subscribitur as in the sederunt

Att Edinburgh the Tuentieth day of March Jaj vic nyntie four years

A1694/3/421

Act

Act For treating uith the rebells in the Bass

The Lords of their Majesties privie Councill Considering That James Midletoune prisoner in the tolbooth of Edinburgh sentenced to death by the Lords Commissioners of Justiciary For treasonable Joyning and Corresponding uith the rebells in the Bass And having heard a Letter from the said James to the Lord High Chancelor Humbly Craving allowance To the effect he may deall uith his brother the pretended Governour of the Bass to surrender and delyver up that Fort to the government The saids Lords Recommends to Sir Thomas Livingstoune Commander in Cheiff of their Majesties forces uithin this Kingdome to transport under a sufficient guaird the said James Midletoune from the tolbooth of Edinburgh to Castletoune over against the Bass whom The Magistrats of Edinburgh are heirby ordered to delyver to that effect And ther that the said Sir Thomas Cause a parley to be offered uith the rebells in the Bass And that if the same be accepted by them The said Sir Thomas or the officer to whom he shall trust the execution of thir presents shall Demand the persons of […] Midletoune brother to the said James and any other sufficient man of the saids rebells to be delyvered at Castletoune to the said officer as Hostages for the said James Midletoune And upon receaving the saids hostages The said Sir Thomas Livingstoune or officer forsaid Intrusted by him are to permitt and allow And if need beis to give a pass to the said James Midletoune to saile over to the said Isle of the Bass and Enter uithin the garrisone therof and make his abode and stay ther for the space of tuelve houres wind and weather serving And to Deall and use his outmost Endeavoures uith his brother and garrisone in the Bass for surrendering and delivering up the samen to the said Sir Thomas Livingstoune or Lords of their Majesties privie Councell uithin the space of Four and tuenty houres after his2 Landing at the Bass upon such tearms as the said Sir Thomas or the officer forsaid Intrusted by him shall aggree to And uith speciall pouer to the said James Midletoune to Certifie and give assurance to his said Brother and garrisone forsaid That upon surrender forsaid not only the said James Midletoune but Lykeuayes the haill other persons Condemned to dye upon account of the Bass viz […] Halyburtone […] Fraser John Trotter Alexander McLeish William Wotham and William Nicolsone uith the said James Midletoune shall be freely and fullie pardoned and sett at Libertie to stay or goe out of this Kingdome at their pleasure with Certification That in case the said James Midletoune shall not duely returne from the Bass and delyver himself againe at Castletoune to the said Sir Thomas Livingstoune or officer Intrusted by him Then the hostages delivered to and in Keeping of the said officer shall be presently executed to death by being hanged upon the Gibbett at Castletoune till they be dead Conform to the martiall Law in such caises But in case aither the said parley shall not be accepted or that the said James Midletoune shall returne and delyver himself prisoner at Castletoune uithout effectuating the surrender of the Bass Then the said Sir Thomas Livingstoune or officer Intrusted by him are to returne and bring back the said James Midletoune under a sufficient guaird and delyver him prisoner to the tolbooth of Edinburgh wher the Magistrats and Keeper of their tolbooth are to receave him and detaine him in safe Custody till the sentence of death pronunced against him be duely execute For the due and punctuall execution of all which Thir presents shall be to the said Sir Thomas Livingstoune and officer forsaid Intrusted by him and all others concerned ane sufficient Command and warrand As also appoints the Clerks of Councill to give out extracts heirof to the said James Midletoune or any concerned in the premisses In order to the forsaid treaty for their full assurance theranent sic subscribitur as in the sederunt

1. NRS, PC1/49, 316-18.

2. Insertion.

1. NRS, PC1/49, 316-18.

2. Insertion.