Act, 29 December 1692, Edinburgh

At Edinburgh 5 July 1692

A1692/7/12¹

Decreet

Interlocutor and reference in the process at the solicitor’s instance against the heritors of Midlothian

The libel at the instance of their majesties’ solicitor against the heritors of MidLothian being this day again called in the presence of the lords of privy council and the [Robert Makgill] Viscount Oxenfoord, Mr John Purvis of Abbeyhill, Alexander Nisbet of Craigentinny, […] Henderson of Meggetland, [James Foulis] Lord Colintom,² James Watson of Saughton, Sir William Paterson of Granton, Alexander Howison, portioner of Cramond, […] Dalmahoy of Ravelrig, Sir James Fleming of Rathobyres, […] Douglas of Pumpherston, Sir William Binning of Wallyford, Thomas Smith portioner of Musselburgh, […] Bothwell of Glencorse, James Oswald of Spittal, Mr William Kintore of Mount Lothian, […] Scott of Bavelaw, Sir John Ramsay of Whitehill, Edward Bird of Fuird, William Turnbull of Currie, John Mitchelson of Midleton, […] Scott of Lockharrett,³ Alexander Burnet of Carlops, […] Borthwick of Falahill, […] Pringle of Torsonce, […] Turnbull of Mid Calder, Robert Pringle of Ferniehirst, Mr James Mitchelson of Howliston, […] Pringle of Haltrees, Gilbert Robertson of Whitehouse, Mr James Hunter of Muirhouse, Mr Robert Ramsay of Pirntaiton and […] Biggar of Woolmet, compearing personally the said lords of theie majesties’ privy council excuses the absence of [John Elphinstone] Lord Balmerino, in respect of his great age, and excuses the absence of James Allan of Dewar, […] Muirhead of Linhouse, and Sir Mark Carse of Cockpen, in respect they are sick, and excuses the absence of Sir George Hamilton of Barnton, Mr Roderick Mackenzie of Prestonhall, […] Morison of Prestongrange and Hugh Wallace of Ingliston, in respect they have already taken the oath of allegiance upon other occasions, and excuses the absence of […] Drummond of Riccarton, […] Drummond of Hill, James Ramadge portioner of Musselburgh, and [John Wauchope] Lord Edmonston In respect they are presently furth of this kingdom, and excuses the absence of Sir John Dalmahoy of that ilk and Mr James Smith of Whitehill, until the next council day only, and likewise excuses the absence of James Murray of Deuchar in case he appear before the committee, and William Thomson, sone to the late Sir William Thomson, town clerk of Edinburgh, […] Wauchop of Niddrie, […] Trotter of Mortonhall, […] of Peffermill, […] Brand of Baberton, Mr Thomas Chalmers of Gogar, Patrick Hamilton portioner of Cramond, […] Buntein of Selmes, Mr Alexander Hay of Monkton, Sir Adam Blair of Carberry, John Henderson portioner of Musselburgh, Sir William Murray of Newton, Sir William Drummond of Hawthornden, and Mr James Borthwick of Stow, being lawfully cited, ofttimes called and not compearing, the said grants certification against the persons immediately above named in respect of their non-compearance, and ordain letters of denunciation to be directed to messengers at arms commanding them to pass to the mercat cross of […] and in their majesties’ name and authority duly, lawfully and orderly denounce the said persons immediately above named their majesties’ rebels and put them to their highnesses horn and ordain all there moveable goods and gear to be escheat and brought in to their majesties use for their contempt and disobedience, and the said lords appoint the defenders compearing to attend the committee of council formerly appointed in this matter the morrow at ten in the forenoon, and recommends to the said committee to meet at that time and to proceed conforming to the former reference of council made to them except in so far as the same is hereby altered, and to receive in any relevant excuses which shall be made to them for the absent defenders, and to report these excuses with the names of such of the absent defenders as shall appear before the committee to the said lords of privy council that they may repone such of them against the above certification as they shall find just, and recommends to the committee instead of imprisoning such of the defenders as shall not offer to swear and sign the oath of allegiance, to give orders to such defenders to attend the council on Thursday next being the seventh day of July instant peremptorie, and the said lords do hereby add [George] earl of Melville lord privy seal and [Henry Erskine] Lord Cardross to be of the number of the said committee and declares the quorum of the committee to be for the future any five of the whole at Least. Note: the Lord Chancellor delayed to sign this, albeit when offered with the rest, his lordship not being clear as to those absent.