Decreet, 22 December 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Tuenty Second Day off December Jaj vjc nyntie tuo years

A1692/12/441

Decreet

Interloquitor anent Judges not qualifyed by Law

The lords of there Majesties privie Councill haveing Considered the report of the Committee anent Judges who have qualifyed themselves according to Law They Find that the shirreffships of Dumbartoun Banff and Clackmannan are vacant and accords to signifie the same to His majestie whensoever they shall wreitt to him That His majestie whensoever they shall wreitt to him That His majesties pleasure may be knowen how these offices shall be Supplyed And by whom And Finds that the shirreff of Bute hes not qualifyed himself But2 Being Informed that he hes refused his shirreffship In favours of Boyll of Kelburne They appoint them both to be Cited and Finds that the Earle of Callender shirreff principall of Stirling and water Balzie of Forth did not qualifie himself But being informed That he is presently dead They superceed to determine in these offices untill they get farder Informatione who will represent him And Finds that the Marqueis of Atholl shirreff principall of Perth And he and the Lord Murray his Sone Stewarts principall of Falkland have not qualified themselves And therefor appoints them to be cited And Finds the Earle of Murray stewart principall of Monteath And the Earle of Perth stewart principall of Strathearne have not qualifyed themselves And that they being both papists The saids offices are vacant and declares they will acquaint the King anent the suppleeing of these offices And appoints the Earle of Annandale his name to be delite out of the report as being out of the Countrie the tyme and haveing taken the oath of alleadgeance and Finds that Sir Hugh Campbell of Calder shirreff of Nairne hes not qualifyed himself And appoints him to be cited And appoints the pairt of that report anent the shirreff of Fyff to be delite because the Countess of Rothess hade resigned to her Sone in the late Government And the tutors have duely qualifyed themselves And Finds that Sir William Bruce Shirreff of Kinross And the Earle of Southesque shirreff of Forfar have not qualifyed themselves And appoints them to be cited And Finds the Earle of Nithsdaill stewart principall of Kirkcudbright hes not qualifyed himself and Because it is Informed that he is minor and popish Therefore they recomend to the Lord Carmichaell and Sir John Maxwell of Pollock to Informe themselves who are tutors and Curators to the said Earle and who are the dyetts exerceing for him And Finds that Cochran of Barchalaw is not qualifyed And Finds that the Earle of Lauderdaill Bailzie of the Balzierie of Lauder is not qualifyed and is popish And declares they will signify the same to the King when they wreit to his Majestie That the saids offices are vacant and recomends to there Majesties advocat to raise Letters against the persones appoynted to be Citted Conforme to the act of parliament and proclamatione of Councill, And to the sollicitor to cause execute the Same.

At Edinburgh 22 December 1692

A1692/12/441

Decreet

Interlocutor concerning judges not qualified by law

The lords of their majesties’ privy council, having considered the report of the committee on Judges who have qualified themselves according to law, find that the sheriffships of Dumbarton, Banff and Clackmannan are vacant and they agree to signify the same to his majesty whenever they shall write to him so that his majesty’s pleasure may be known how those offices shall be supplied and by whom; and they find that the sheriff of Bute has not qualified himself but being informed that he has refused his sheriffship in favour of [David] Boyle of Kelburn, they appoint them both to be cited; and they find that [Alexander Livingston] earl of Callendar, sheriff principal of Stirling and water bailie of the Forth did not qualify himself, but being informed that he is presently dead, they supercede to determine in these offices until they get further information of who will represent him; and they find that [John Murray], marquess of Atholl, sheriff principal of Perth and he and [John], Lord Murray his son stewarts principal of Falkland, have not qualified themselves and therefore appoint them to be cited; and they find [Alexander Stewart], earl of Moray, stewart principal of Menteith and [James Drummond], earl of Perth, stewart principal of Strathearn have not qualified themselves, and that they being both Catholics, the said offices are vacant and they will acquaint the king regarding supplying these offices; and they appoint [William Johnstone], earl of Annandale’s name to be deleted from the report as being out of the country at the time and having taken the oath of allegiance; and they find that Sir Hugh Campbell of Cawdor, sheriff of Nairn, has not qualified himself, and they appoint him to be cited; and they appoint the part of that report regarding the sheriff of Fife to be deleted because [Margaret Leslie], countess of Rothes had resigned to her son in the late government, and the tutors have duly qualified themselves; and they find that Sir William Bruce, sheriff of Kinross and [Charles Carnegie], earl of Southesk, sheriff of Forfar, have not qualified themselves, and they appoint them to be cited; and they find [Robert Maxwell], earl of Nithsdale, stewart principal of Kirkcudbright, has not qualified himself and because they are informed that he is a minor and Catholic, they recommend to Lord Carmichael and Sir John Maxwell of Pollock to inform themselves who are tutors and curators to the said earl and who are the diets exercising for him; and they find that Cochrane of Barbachlaw is not qualified; and they find that [Richard Maitland], earl of Lauderdale, bailie of the bailiary of Lauder, is not qualified and is Catholic, and they declare they will signify the same to the king when they write to his majesty that the said offices are vacant, and recommend to their majesties’ advocate to raise letters against the persons appointed to be cited according to the act of parliament and proclamation of council, and to the solicitor to cause execute the same.

1. PC1/48, 524-5.

2. Word inserted above the line.

1. PC1/48, 524-5.