Commission by the Council, 3 March 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Thrid day of March Jaj vjc nyntie two years

D1692/3/91

Commission by the Council

Commission To Robert 2 Smart3 to be baillie depute of Musleburgh

Anent the Petition given in to the Lord of their majesties Privy Councill be John Lord Hay of Yester for himself and in name and behalf of and as administrator to John William Anna and Jean Hayes his Children and others the Adjudgers of the Lordship and Regalitie of Musleburgh Shewing That wher the saids John William, Anna and Jean Hayes haveing adjudged frae the deceast Charles Earle of Lauderdale, The Lordship and Regalitie of Muslburgh and other lands therin contained, And therupon they being publictly infeft and throw the decease of the said Earle and the absence of the present Earle of Lauderdale who is not yet entered to his father or uncle There being no Baillie legallie authorized to act in that statione within the said Regalitie, The Commission to him who last officiat being expyred throw the Earles decease And this tending much to the disadvantage not only of the petitioners and of the other adjudgers of this Lordships and Regalitie Bot Lykewayes to the prejudice of the haill vassalls and inhabitants within the same they have thought fit therfore to Represent the same to their Lordships To the effect that till the present Earle of Lauderdale by entering air may be in a legall Capacitie to Imput a Baillie within the saids bounds, That their Lordships media Tempore might authorize a fitt and qualified person to exerce the office of Baillie be vertue of a Commission from their Lordships And seing that Robert Smart burges of Musleburgh and one of the present Councellors of that burgh haveing been for severall years intrusted by the late Earle to act as his Baillie depute in that Regallitie and is knowen to be a person suficiently qualified for that effect, The petitioners haveing therfore taken upon them to offer him to their Lordships That if the saids Lords should think fitt, He might be authorized and Impowred to the end forsaid And Therfore humbly Craveing the saids Lords in Consideration of the premisses, And that the said Robert Smart was formerly intrusted by the late Earle And that the petitioners does Consider him as a persone suficiently qualified to exerce in that statione, That therfore their Lordships by their act and deliverance therupon would Impower and authorize the said Robert Smart dureing their pleasure to act as Baillie depute in the said regalitie or untill such tyme as their be one legally Constitut by the Lord of the Regalitie, And In Regaird that my Lord Hatton is one of their oun number, And is Lykewayes the nearest relation of the familly and to the effect that his concourse might be know’n in the said application, That if the saids Lords thought fitt they would Recomend to the said Lord Hatton to take the said Robert Smeith his oath in order to his being qualified by law, to exerce in the said statione as aforsaid as the said Petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Lord Yester They heirby authorize and Impower the above Robert Smart to act and officiat as baillie depute within the Lordship and Regalitie of Muslburgh sicklyke and alse freely in all respects as any baillie depute within any other Lordship or Regalitie in this kingdome Does or may Lawfullie doe and that any and whill this present Commission be recalled be the saids Lords or untill such tyme as ther be a baillie depute legally constitute by the Lord of the regalitie And Recomends to Sir John Lauder of Hatton one of the senators of the Colledge of Justice who is the nearest relatione of the familly of Lauderdale to administer the oath of alledgance to the said Robert Smart, And to heear and see him swear and signe the same, And also to see the said Robert signe the Certificat and assurance to their majesties King William and Queen Mary appointed by act of Parliament. That so he may be qualified to exerce the forsaid office in the termes of law

Att Edinburgh the Thrid day of March Jaj vjc nyntie two years

D1692/3/91

Commission by the Council

Commission To Robert 2 Smart3 to be baillie depute of Musleburgh

Anent the Petition given in to the Lord of their majesties Privy Councill be John Lord Hay of Yester for himself and in name and behalf of and as administrator to John William Anna and Jean Hayes his Children and others the Adjudgers of the Lordship and Regalitie of Musleburgh Shewing That wher the saids John William, Anna and Jean Hayes haveing adjudged frae the deceast Charles Earle of Lauderdale, The Lordship and Regalitie of Muslburgh and other lands therin contained, And therupon they being publictly infeft and throw the decease of the said Earle and the absence of the present Earle of Lauderdale who is not yet entered to his father or uncle There being no Baillie legallie authorized to act in that statione within the said Regalitie, The Commission to him who last officiat being expyred throw the Earles decease And this tending much to the disadvantage not only of the petitioners and of the other adjudgers of this Lordships and Regalitie Bot Lykewayes to the prejudice of the haill vassalls and inhabitants within the same they have thought fit therfore to Represent the same to their Lordships To the effect that till the present Earle of Lauderdale by entering air may be in a legall Capacitie to Imput a Baillie within the saids bounds, That their Lordships media Tempore might authorize a fitt and qualified person to exerce the office of Baillie be vertue of a Commission from their Lordships And seing that Robert Smart burges of Musleburgh and one of the present Councellors of that burgh haveing been for severall years intrusted by the late Earle to act as his Baillie depute in that Regallitie and is knowen to be a person suficiently qualified for that effect, The petitioners haveing therfore taken upon them to offer him to their Lordships That if the saids Lords should think fitt, He might be authorized and Impowred to the end forsaid And Therfore humbly Craveing the saids Lords in Consideration of the premisses, And that the said Robert Smart was formerly intrusted by the late Earle And that the petitioners does Consider him as a persone suficiently qualified to exerce in that statione, That therfore their Lordships by their act and deliverance therupon would Impower and authorize the said Robert Smart dureing their pleasure to act as Baillie depute in the said regalitie or untill such tyme as their be one legally Constitut by the Lord of the Regalitie, And In Regaird that my Lord Hatton is one of their oun number, And is Lykewayes the nearest relation of the familly and to the effect that his concourse might be know’n in the said application, That if the saids Lords thought fitt they would Recomend to the said Lord Hatton to take the said Robert Smeith his oath in order to his being qualified by law, to exerce in the said statione as aforsaid as the said Petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Lord Yester They heirby authorize and Impower the above Robert Smart to act and officiat as baillie depute within the Lordship and Regalitie of Muslburgh sicklyke and alse freely in all respects as any baillie depute within any other Lordship or Regalitie in this kingdome Does or may Lawfullie doe and that any and whill this present Commission be recalled be the saids Lords or untill such tyme as ther be a baillie depute legally constitute by the Lord of the regalitie And Recomends to Sir John Lauder of Hatton one of the senators of the Colledge of Justice who is the nearest relatione of the familly of Lauderdale to administer the oath of alledgance to the said Robert Smart, And to heear and see him swear and signe the same, And also to see the said Robert signe the Certificat and assurance to their majesties King William and Queen Mary appointed by act of Parliament. That so he may be qualified to exerce the forsaid office in the termes of law

1. NRS, PC2/24, 36v-37r.

2. The word ‘Stark’ scored out here.

3. Insertion.

1. NRS, PC2/24, 36v-37r.

2. The word ‘Stark’ scored out here.

3. Insertion.