Order, 8 November 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Eight day of November Jaj vjc and nyntie tuo years

A1692/11/181

Order

Letters of denunciation Sollicitor against Conversers with the Late King James

William and Mary be the Grace of God King and Queen of Great Brittaine France and Ireland defenders of the faith To […] macers of our privie Councill messengers at armes our shirreffs in that pairt Conjunctly and severallie Constitute greeting Anent the Lybell raised and persued befor the Lords of our privie Councill at the Instance of Sir William Lockhart our sollicitor for our Interest in the matter underwreitten mentioneing That whereas by the Comon law the lawes of all well governed nationes The Lawes and practice of this Kingdome That subjects there keeping Correspondence or Comunicatione with these of aneother natione and state after warr is declared And there withdrawing themselves from there oune native countrey Especially in tyme of warr and Joyneing with the enemyes of that natione and state whereof they are subject And the Endeavouring to subvert the Government Lawes and religion of there Countrey, The Entering into Combinatione with strangers Intyseing them to Invade any pairt of there majesties Dominions are crymes of ane high nature and severely punisheable And it being of verity that there Majestyes Haveing for many Just and reasonable causes Declared warr againest the French King The Enemy and Disturber of Christendome By which all there majesties subjects are discharged to hold correspondence or Comunicatione with the said French King and his subjects by there declaratione of the date the sixt day of August Jaj vjc Eightie nyne years Yet notwithstanding thereof true it is That the persones particularly efternamed viz George Duke of Gordon […] Earle of Lauderdaill […] Earle of Melfoord […] Lord Drummond Sir William Sharp of Stoniehill Sir James Montgomery of Skelmorly Mr William Livingstoun of Kilsyth […] Greine younger of Duntrune Sir William Wallace of Cragie Collonell […] Wachop […] Cannon pretended Collonell Captain Patrick Graham brother to […] Graeme of Inshbraco Major James Midletoun Captains Robert and William Charteris Captain John Ramsay sone to the Late Bishop of Ross Major Duncan Meinzies Leivetennent Colonell Rattray Leivetennent Oliphant Leivetennent Collonel Douglas, Captain […] Dobie Robert Stewart agent in Edinburgh Ensigne John Meinzies sone to the deceist […] Meinzies of Comrie and Major […] Gordoune In manifest Contempt of the Lawes and there Majesties authority Did in the moneths of Maij Junij Jullij August September october november December Jaj vjc Eighty nyne or in the moneths of Januarij Februarij march Apryll Maij Junij Jully August September october november December Jaj vjc nyntie or in the Moneths of Januarij Februarij march Apryll may Junij Jully August September october november December Jaj vjc and nyntie one or in the moneths of Januarij Februarij march Apryll maij Junij Jullij or August Jaj vjc and nyntie tuo years or ane or other of the dayes of the saids moneths Keep and hold Correspondence Communicatione or Intelligence with the Late King James or those Imployed by him aither in this Kingdome or alsewhere or did keep and hold Comunicatione correspondence or Intelligence with the French King or his subjects And the saids persones above Compleaned upon At Least severall of them haveing withdrawen themselves from this Kingdome and gone over to France and some other pairt of the French dominions They did Joyne and associat themselves with the Late King James The French or others there majestyes Enemyes And used there outmost endeavours to subvert the government Lawes and religion of this Kingdome And for that effect did enter into a most horrid and Cruell Combinatione with the Late King James, the French and others there Majesties Enemyes And did Intyse them to Invade this Kingdome and others there majesties Dominiones with French and Irish papists which they would certainly have done If by the great and singular providence of God Almightie there designes hade not been frustrat and dissappoynted by the Late great and happie victorie obtained by there majestyes fleet over that of France off which crymes or ane or other of them The saids persones above Compleaned upon are guilty actors airt and pairt And for the which crymes They ought to be exemplarly punished in there persones and goods to the terror of others to comitt or doe the Lyke in tyme comeing And Anent the Charge Given to the haill persones above Compleaned upon To have Compeared befor the saids Lords of there majesties privie Councill at ane certain day bygone To ansuer to the points of the above Complaint And to hear and see such order and course taken thereanent as appertaines under the pain of rebellion and putting of them to the horne with certification to them If they failzie2 our other other3 Letters should be direct simpliciter for putting them thereto. As the saids letters and executiones at more Length bears Which Letters being again called In presence of the saids Lords And the saids4 Sir William Lockhart Compearing personally as sollicitor for our Interest as persewer and the haill defenders being all Lawfully Cited Called and not Compearing The Saids Lords by there act of the day and dait hereof Granted Certificatione againest the haill defenders In respect of there absence and not Compearance Except Mr William Livingstoun of Kilsyth who is presently prisoner in the Castle of Edinburgh and Captain Robert Dobie who is under baill to the Councill and presently within this Kingdome and alse Excepting from the said Certificatione the above Duke of Gordone In respect he is prisoner at the Hague befor extracting of the said act As the said act of the date forsaid ordaining thir our Letters of Certificatione to be direct againest the saids haill defenders In maner underwreitten Excepting as is above excepted at more Length bears Our Will is Herefore And wee charge yow strictly and Command That Incontinent thir our Letters seen ye pass to the mercat Croce of […] and other places neadfull And there in our name and authority Duely Lawfullie and orderly denunce the saids haill persones above compleaned upon (Excepting the saids Duke of Gordon and Mr William Livingstoun of Kilsyth as said is) our rebells and putt them to our horne And escheitt and Inbring all there moveable goods and gear for our use for there Contemption and dissobedience And that ye cause registrat thir our Letters with there executiones conforme to the act of parliament according to Justice as ye will ansuer to us thereupon The which to doe wee comitt to yow Conjunctlie and severallie our full power be thir our Letters delyvering them be yow duely execute and Indorsat again to the bearer Given under our signet at Edinburgh the Eight day of november5 and of our reigne the fourt year Jaj vjc nyntie tuo years.

At Edinburgh 8 November 1692

A1692/11/181

Order

Letters of denunciation solicitor against conversers with the late king James

William and Mary, by the grace of God king and queen of Great Britain, France, and Ireland, defenders of the faith, to […] macers of our privy council, messengers at arms, our sheriffs in that part conjunctly and severally, constituted greeting. Concerning the libel raised and pursued before the lords of our privy council at the instance of Sir William Lockhart, our solicitor, for our interest in the matter underwritten, mentioning that whereas by the common law the laws of all well governed nations, the laws and practice of this kingdom, that subjects their keeping correspondence or communication with those of another nation and state after war is declared, and their withdrawing themselves from there own native country, especially in time of war, and joining with the enemies of that nation and state whereof they are subject, and the endeavouring to subvert the government, laws, and religion of their country, the entering into combination with strangers, enticing them to invade any part of their majesties’ dominions, are crimes of a high nature and severely punishable. And it being of verity that their majesties having for many just and reasonable causes declared war against the French king, the enemy and disturber of Christendom, by which all their majesties subjects are discharged to hold correspondence or communication with the said French king and his subjects by their declaration of the date 6 August 1689. Yet notwithstanding thereof, true it is that the persons particularly after named viz George [Gordon], duke of Gordon, [Richard Maitland,] earl of Lauderdale, [John Drummond,] earl of Melfort, Lord Drummond, Sir William Sharp of Stonyhill, Sir James Montgomerie of Skelmorlie, Mr William Livingston of Kilsyth, […] Green, younger of Duntroon, Sir William Wallace of Cragie, Colonel […] Wachop, […] Cannon, pretended Colonel, Captain Patrick Graham, brother to […] Graham of Inchbraco, Major James Middleton, Captains Robert and William Charteris, Captain John Ramsay, son to the late bishop of Ross, Major Duncan Menzies, Lieutenant Colonel Rattray, Lieutenant Oliphant, Lieutenant Colonel Douglas, Captain […] Dobie, Robert Stewart, agent in Edinburgh, Ensign John Menzies, son to the deceased […] Menzies of Comrie, and Major […] Gordoun, in manifest contempt of the laws and their majesties’ authority, did in the months of May, June, July, August, September, October, November, December 1689, or in the months of January, February, March, April, May, June, July, August, September, October, November, December 1690, or in the months of January, February, March, April, May, June, July, August, September, October, November, December 1691 or in the months of January, February, March, April, May, June, July, or August 1692, or one or other of the days of the said months, keep and hold correspondence, communication, or intelligence with the late King James or those employed by him, either in this kingdom or elsewhere, or did keep and hold communications, correspondence, or intelligence with the French king or his subjects. And the said persons above complained upon, at least several of them, having withdrawn themselves from this kingdom and gone over to France and some other part of the French dominions, they did join and associate themselves with the late King James, the French, or others their majesties’ enemies, and used their utmost endeavours to subvert the government, laws, and religion of this kingdom. And for that effect did enter into a most horrid and cruel combination with the late King James, the French, and others their majesties’ enemies, and did entice them to invade this kingdom and others their majesties’ dominions with French and Irish papists, which they would certainly have done if by the great and singular providence of God almighty their designs had not been frustrated and disappointed by the ate great and happy victory obtained by their majesties’ fleet over that of France. Of which crimes or one or other of them the said persons above complained upon are guilty actors, art and part, and for the which crimes they ought to be exemplarily punished in their persons and goods to the terror of others to commit or do the like in time coming. And concerning the charge given to the whole persons above complained upon to have compeared before the said lords of their majesties’ privy council at a certain day bygone to answer to the points of the above complaint, and to hear and see such order and course taken therein as appertains, under the pain of rebellion and putting of them to the horn, with certification to them if they fail our other letters should be directed simpliciter for putting them thereto, as the said letters and executions at more length bear. Which letters being again called in presence of the said lords, and the said Sir William Lockhart compearing personally as solicitor for our interest as pursuer, and the whole defenders being all lawfully cited, called, and not compearing, the said lords by their act of the day and date hereof granted certification against the whole defenders, in respect of their absence and not compearance, except Mr William Livingston of Kilsyth, who is presently prisoner in the castle of Edinburgh, and Captain Robert Dobie, who is under bail to the council and presently within this kingdom, and also excepting from the said certification the above duke of Gordon, in respect he is prisoner at The Hague, before extracting of the said act, as the said act of the date foresaid ordaining these our letters of certification to be directed against the said whole defenders in manner underwritten, excepting as is above excepted, at more length bears. Our will is therefore And we charge you strictly and command that immediately these our letters [are] seen you pass to the mercat cross of […] and other places needful, and there in our name and authority duly, lawfully, and orderly denounce the said whole persons above complained upon (excepting the said duke of Gordon and Mr William Livingston of Kilsyth as said is) our rebels and put them to our horn, and escheat and inbring all their moveable goods and gear for our use for their contempt and disobedience. And that you cause register t these our letters, with their executions, conform to the act of parliament according to justice as you will answer to us thereupon. The which to do we commit to yow conjunctly and severally our full power by these our letters, delivering them be you duly executed and endorsed again to the bearer. Given under our signet at Edinburgh 8 November and of our reign the fourth year 1692.

1. PC1/48, 443-6.

2. The word ‘There’ **scored out here.**

3. Sic.

4. The word ‘Lords’ **scored out here.**

5. Written over illegible words.

1. PC1/48, 443-6.