Order, 2 August 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the second day of August Jaj vjc nynty tuo years Ante meridiem

A1692/8/31

Order

Letters of Denunciation There Majesties Sollicitor against Harvie

Anent the Lybell or Complaint raised befor the Lords of there Majestyes privie Councill at the Instance of Sir William Lockhart there Majestyes sollicitor for there Highnes interest in the matter underwreitten Mentioneing That where be the Comon Law the Law of all well governed nationes and municipall Lawes and originall constitutiones of this monarchie The Quarrelling dissouneing and Impugneing there majestyes Royall power and authority and the plotting contrvyeing or Intending destructione to there majestyes or to depryve depose or suspend there saids majestyes from the style honour and Kingly name of this or any other of his Majestyes dominiones, or to suspend there majestyes from the exercise of there government, Levie warr or take armes againest there majestyes And by wreitting printing or other malicious and unadvysed seaking express and declare there treasonable intentiones are crymes of treasone and punishable as such And particularly by the Hundreth and threttie and Hundreth and threttie one act, parliament Eight King James the sixt And by the third act parliament First King Charles the second And by the second act second sessione parliament first King Charles the second And by the second act first sessione of there Majestyes current parliament Recognizeing there Majestyes authoritie Royall Yet nevertheless it is of verity that Andrew Harvie Late proveist of Rutherglen Shakeing off all fear of God and the respect and naturall alleadgeance that he owed to there majestyes persone authoritie and Lawes Did upon the sevinteinth of February Last or ane or other of the dayes of the said Moneth vent and utter most unchristian and treasonable expressiones viz King Willie is now goeing to bring in the Curatts again That will be all wrong work That will not be the Right gate to the Milne If he doe the Lyke of that They will ryse all in armes againest him and there wil be a bonnet off And if he will not Let the acts be established as they were in the Fourty eight year of God wee shall make him goe as fast home as ever he came over here And if he doe any thing contrair to these acts He said The Devill take him If they would not doe with him as they did with King Charles the First And one of the Company haveing said That King William hade now raised the generall assemblie And that he would not suffer them to sitt again The said Andrew Harvie replyed That they were butt all beasts For he hade no power to raise them and he hade only power to call them But no power to raise them And that they might have sitten whether the King would or not And that he hade no power over the church And Further did express what need have wee of Comissar courts And that wee have no need of them and said For Goodsooth wee must have him (meaning the King) teached better maners For that wes the old faith again whereby the said Andrew Harvie is Guilty of most treasonable and rebellious expressiones againest there majestyes and there government And the matter of fact being dilated to the Magistrats of Rutherglen They Imprisoned the said Andrew Hervie And therefter upon Andrew Leith elder burges of Rutherglen and Claud Riddell hammerman there They by there bond daitted the tuentie first day of Maij Jaj vjc nyntie tuo registrat in the books of privie Councill the […] day of Junij therefter Becomeing bound Conjunctlie and severallie To present the said Andrew Harvie befor the Lords of there majestyes privie Councill or Justiciarie whenever he should be cited to ansuer befor them in the saids expressiones spoken and uttered by him under the penaltie of Tuo Thousand merks The saids magistrats sett him at Libertie And therefore sieing the said Andrew Harvie is fledd from Justice And his bond Cannot be declared untill he be cited as aforsaid befor there saids Lords of privie Councill nor his saids Cautioners made Lyable for the penalty contained in the bond untill he be Cited as aforsaid warrand ought to be granted to Cite the said Andrew Harvie To Compear befor the saids Lords of privie Councill To the effect he may be Comitted to prisone untill he be tryed be the Lords of Justiciarie for the Crymes abovespecifyed And to Charge his Cautioners to Compear and produce him Conforme to the tenor of there obligatione under the penalty therein Contained And Anent the Charge Given to the saids Andrew Harvie2 To Compear befor the saids Lords of privie Councill at Edinburgh or where it shall happen them to be for the tyme at ane certain day by past To ansuer to the points of the above complaint and to hear and see himself decerned to goe to prisone untill he be tryed be the Lords of Justiciarie for the crymes above specified As also anent the charge given to the said Andrew Harvie his Cautioners above specified To Compear befor the saids Lords day and place forsaid To hear and see themselves decerned to produce the said Andrew conforme to the tenor of there obligatione under the penaltie thereincontained under the pain of rebellione and putting of the saids defenders to the horne With certificatione to them If they failzie There Majestyes other Letters shall be direct simpliciter for putting them thereto As the said Lybell and executions thereoff bears Which Being Called In presence of the saids Lords of privie Councill this day Againest the said Andrew Harvie etc And there Majestyes Sollicitor Compearing personallie for there Highness Interest in this matter And the said Andrew Harvie And the above Andrew3 Leith and Claud Riddell his Cautioners being oftymes called and not compearing The saids Lords of there majesties privie Councill doe hereby grant certification againest the said Andrew Harvie And ordaines Letters of denunceatione to be direct to messengers at armes Comanding them to pass to the mercat croce of […] and there in there majestyes name and authoritie Duely Lawfully and orderly denunce the said Andrew Harvie there majesties rebell and put him to there Highness horne And escheitt and Inbring all his moveable goods and gear to there majesties use for his Contemption and dissobedience And Imediatly after the said denunceatione to use the haill remanent order prescryved by the act of parliament made thereanent And the saids Lords doe hereby declare the penaltie of Tuo Thousand merks Contained in the above bond Lybelled on, Granted be the abovenamed Cautioners to be forfaulted and Incurred And decernes and ordaines the saids Andrew Leith and Claud Riddell granters of the said bond To make payment of the said soume of Tuo Thousand merks to Sir Patrick Murray of Saltcoatts collector of there majestyes Croun rents for there majestyes use And ordaines Letters of Horning on […] dayes and others neadfull To pass hereon as effeirs

At Edinburgh 2 August 1692 (am)

A1692/8/31

Order

Letters of denunciation their majesties’ solicitor against Harvie

Concerning the libel or complaint raised before the lords of their majesties’ privy council at the instance of Sir William Lockhart, their majesties’ solicitor, for their highnesses’ interest in the matter underwritten, mentioning that where by the common law, the law of all well-governed nations, and municipal laws and original constitutions of this monarchy, the quarrelling, disowning, and impugning [of] their majesties’ royal power and authority, and the plotting contriving or intending [of] destruction to their majesties, or to deprive, depose, or suspend their said majesties from the style, honour, and kingly name of this or any other of [their] majesties’ dominions, or to suspend their majesties from the exercise of their government, levy war, or take arms against their majesties, and by writing, printing, or other malicious and ill-advised action express and declare their treasonable intentions are crimes of treason and punishable as such, and particularly by the hundred and thirtieth and hundred and thirty-first acts, parliament eighth [of] King James VI, and by the third act, parliament first [of] King Charles II, and by the second act, second session, parliament first [of] King Charles II, and by the second act, first session of their majesties’ current parliament recognising their majesties’ authority royal. Yet nevertheless it is of verity that Andrew Harvie, late provost of Rutherglen, shaking off all fear of God and the respect and natural allegiance that he owed to their majesties’ person, authority, and lawes did upon 17 February last or one or other of the days of the said month vent and utter most unchristian and treasonable expressions viz King Willie is now going to bring in the curates again, that will be all wrong work, that will not be the right gate to the mill. If he do the like of that, they will rise all in arms against him and there will be a bonnet off, and if he will not let the acts be established as they were in the forty-eighth year of God we shall make him go as fast home as ever he came over here. And if he doe any thing contrary to these acts, he said the devil take him if they would not do with him as they did with King Charles I. And one of the company having said that King William had now raised the general assembly and that he would not suffer them to sit again, the said Andrew Harvie replied that they were but all beasts, for he had no power to raise them and he hade only power to call them, but no power to raise them, and that they might have sat whether the king would or not, and that he hade no power over the Church. And further did express what need have we of commissary courts, and that we have no need of them, and said for goodsooth we must have him (meaning the king) taught better manners for that was the old faith again, whereby the said Andrew Harvie is guilty of most treasonable and rebellious expressions against their majesties and their government. And the matter of fact being dilated to the magistrates of Rutherglen, they imprisoned the said Andrew Harvie. And thereafter upon Andrew Leith elder, burgess of Rutherglen, and Claud Riddell, hammerman there, they by their bond dated 21 May 1692, registered in the books of privy council the […] day of June thereafter, becoming bound conjunctly and severally to present the said Andrew Harvie before the lords of their majesties’ privy council or justiciary whenever he should be cited to answer before them in the said expressions spoken and uttered by him, under the penalty of two thousand merks, the said magistrates set him at liberty. And therefore seeing the said Andrew Harvie is fled from justice, and his bond cannot be declared until he is cited as aforesaid before the said lords of privy council, nor his said cautioners made liable for the penalty contained in the bond, until he be cited as aforesaid, warrant ought to be granted to cite the said Andrew Harvie to compear before the said lords of privy council to the effect he may be committed to prison until he be tried by the lords of justiciary for the crimes above specified, and to charge his cautioners to compear and produce him conform to the tenor of there obligations under the penalty therein contained. And concerning the charge given to the said Andrew Harvie to compear before the said lords of privy council at Edinburgh or where it shall happen them to be for the time at a certain day bypast to answer to the points of the above complaint and to hear and see himself discerned to go to prison until he be tried by the lords of justiciary for the crimes above specified, as also concerning the charge given to the said Andrew Harvie his cautioners above specified to compear beforr the said lords [the] day and place foresaid to hear and see themselves discerned to produce the said Andrew conform to the tenor of their obligation under the penalty therein contained, under the pain of rebellion and putting of the said defenders to the horn, with certification to them if they fail their majesties’ other letters shall be directed simpliciter for putting them thereto as the said libel and executions thereof bears. Which being called in presence of the said lords of privy council this day against the said Andrew Harvie etc, and their majesties’ solicitor compearing personally for their highnesses’ interest in this matter, and the said Andrew Harvie and the above Andrew Leith and Claud Riddell, his cautioners, being often called and not compearing, the said lords of their majesties’ privy council do hereby grant certification against the said Andrew Harvie, and ordain letters of denunciation to be directed to messengers at arms, commanding them to pass to the mercat cross of […], and there in their majesties’ name and authority duly, lawfully, and orderly denounce the said Andrew Harvie their majesties’ rebel and put him to their highnesses’ horn, and escheat and inbring all his moveable goods and gear to their majesties’ use, for his contempt and disobedience. And immediately after the said denunciation, to use the whole remnant order prescribed by the act of parliament made therein concerned. And the said lords do hereby declare the penalty of two thousand merks contained in the above bond libelled on, granted by the abovenamed cautioners, to be forfeited and incurred. And discern and ordain the said Andrew Leith and Claud Riddell, granters of the said bond, to make payment of the said sum of two thousand merks to Sir Patrick Murray of Saltcoats, collector of their majesties’ crown rents, for their majesties’ use. And ordain letters of horning on […] days and others needful to pass hereon as appropriate.

1. PC1/48, 345-7.

2. The phrase ‘and Andrew Leith and Claud Riddell hes Cautioners in the foresaid bond’ are scored out here.

3. The word ‘Riddell’ scored out here.

1. PC1/48, 345-7.