Procedure: committee, 24 November 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Tuenty Fourth day off November Jaj vjc nyntie tuo years

A1692/11/421

Procedure: committee

Comittee The Sollicitor against some persons in Dalkeith

Anent the Lybell or Complaint raised and persued befor the Lords of there majesties privie Councill at the Instance of Sir William Lockhart there majesties sollicitor for there Highness interest In the matter underwreitten Makeing mentione That whereas by the Lawes and acts of parliament of this Kingdome The dissouneing of there Majestyes and there authoritie and the Contryveing or Intending death and destruction to there majesties or any bodily harme tending to death and destruction And the open wishing evill and destructione or confusione to there Majesties allyes there good subjects and ouneing of the Late King James by drinking of his health putting on bonfyres upon his birthday or otherwayes and the breaking of prisone As also the Magistrats officers and Jaylor there suffering prisoners to escape who are Incarcerat for crymes whether it be wilfull or by negligence are Crymes of ane high nature and severely punishable Yet Nothwithstanding John Garbet Andrew Logan David Denholme John Boudie William Reid and Mr Thomas Dobie Induellers in Dalkeith Contrair to and in manifest contempt of the forsaids Lawes did dissoune there majesties and there authoritie and did contryve2 and Intend death or destructione to there majesties and bodily harme tending unto death or destructione And did openly wish destruction and Confusione to there allyes and good subjects and did publictly oune the Late King James In so farr as upon the fourteint day of october Last being the late King James his birth day They did put on a bonfyre in Dalkeith At least were present at a bonfyre that wes put one And did thereat drink the Late King James his health upon there knees And with many Cruell and execrable wishes did drink to the confusione of there majesties and all the bairntyme the States of Holland and all presbiterians And which the said Mr Thomas Dobie did at the said bonfyre with the saids persones or in his oune house with them or other company For which cryme The said John Garbett and Andrew Logan being Incarcerat within the tolbooth of Dalkeith They made there escape out of prisone And […] Nairne bailzie of Dalkeith did so farr oune and approve the putting on the said bonefyre that they did nothing to the hyndering or suppressing thereof albeit there were severall persones that publictly Conveened about the samen As also the said bailzie and […] Smith Jaylor aither wilfully or by Connivence or negligence did suffer the said John Garbet and Andrew Logan prisoners to escape off which crymes the saids persons are guiltie as actors airt and pairt and ought to be exemplarly punished in there persones and goods to the terror of others to comitt and doe the Lyke in tyme comeing And Anent the Charge Given to the saids persones above Compleaned upon To Compear befor the saids Lords of there majesties privie Councill At Edinburgh or where it shall happen them to be for the tyme this day To ansuer to the grounds of the above Complaint And to hear and see such order and Course taken thereanent as ther saids Lords shall think fitt under the paine of rebellion and putting of them to the horne with Certificatione to them If they failzie They shall be denunced rebells and putt to the horne simpliciter As the saids Lybell and executiones thereof at more Length bears. Which Lybell being this day called In presence of the saids Lords of privie Councill And the said Mr Thomas Dobie being brought from the tolbooth of Edinburgh where he is now prisoner to the Councill barr And […] Nairne bailzie of Dalkeith Compearing personallie and […] Smith Jaylor in Dalkeith being absent and not compearing But excused In respect he is presently prisoner in the tolbooth of Edinburgh and Lyeing Sick there And the rest of the defenders being Lawfully cited oft tymes called and not Compearing And there Majesties sollicitor Compearing personallie with Sir Patrick Home advocat one of his assistants as persewers The Lords of there majestyes privie Councill Grants Certification againest the saids John Garbet Andrew Logan David Denholme and John Boundine In respect of there absence And ordaines Letters to be direct to messengers at armes Comanding them to pass to the mercat croce of […] and other places neadfull And there in there Majesties name and authority to duely Lawfully and orderly Denunce the saids absent defenders ther majesties rebells and put them to there Highness horne And escheat and Inbring all there moveable goods and gear to there Majesties use for there Contemptione and dissobedience And the saids Lords Haveing Considered the Lybell and ansuers made there to for the said Mr Thomas Dobie The hereby admitt the samen to probatione againest the said Bailzie Nairne and Mr Thomas Dobie And the haill witnesses cited in the said matter haveing Compeared personally at the barr and made faith Except Beatrix Pearsone spouse to Mr George Honyman minister And the defenders haveing made no objectiones againest the saids witnesses when they were asked If they hade any The saids Lords doe hereby appoint Mr Francis Montgomery of Giffan and Sir Robert Sinclair of Stevinstoun to be a Comittee for examining the saids witnesses And recomends to there majesties phisicans to visite the said […] Smith in the tolbooth of Edinburgh wher he is prisoner And report his Conditione to the Councill on tuesday next.

At Edinburgh 24 November 1692

A1692/11/421

Procedure: committee

Committee the solicitor against some persons in Dalkeith

Concerning the libel or complaint raised and pursued 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, making mention that whereas by the laws and acts of parliament of this kingdom, the disowning of their majesties and their authority, and the contriving or intending death and destruction to their majesties or any bodily harm tending to death and destruction, and the open wishing evil and destruction or confusion to their majesties’ allies, their good subjects, and owning of the late King James by drinking of his health, putting on bonfires upon his birthday, or otherwise, and the breaking of prison, as also the magistrates, officers, and gaoler their suffering prisoners to escape who are incarcerated for crimes, whether it be wilful or by negligence, are crimes of a high nature and severely punishable. Yet notwithstanding, John Garbet, Andrew Logan, David Denholme, John Boudie, William Reid, and Mr Thomas Dobie, indwellers in Dalkeith, contrary to and in manifest contempt of the foresaid laws, did disown their majesties and their authority, and did contrive and intend death or destruction to their majesties, and bodily harm tending unto death or destruction, and did openly wish destruction and confusion to their allies and good subjects, and did publicly own the late King James, insofar as upon 14 October last, being the late King James his birthday, they did put on a bonfire in Dalkeith, at least were present at a bonfire that was put on, and did thereat drink the late King James his health upon their knees, and with many cruel and execrable wishes did drink to the confusion of their majesties and all their offspring, the states of Holland, and all Presbyterians, and which the said Mr Thomas Dobie at the said bonfire with the said persons or in his own house with them or other company. For which crime the said John Garbett and Andrew Logan being incarcerated within the tolbooth of Dalkeith, they made their escape out of prison. And […] Nairne, bailie of Dalkeith, did so far own and approve the putting on [of] the said bonfires [that] they did nothing to the hindering or suppressing thereof albeit there were several persons that publicly convened about the same. As also the said bailie and […] Smith, gaoler, either wilfully or by connivance or negligence, did suffer the said John Garbet and Andrew Logan, prisoners, to escape. Of which crimes the said persons are guilty as actors, art and part, and ought to be exemplarily punished in their persons and goods, to the terror of others to commit and do the like in time coming. And concerning the charge given to the said persons above complained upon to compear before the said lords of their majesties’ privy council at Edinburgh, or where it shall happen them to be for the time, this day to answer to the grounds of the above complaint, and to hear and see such order and course taken therein as the said lords shall think fit under the pain of rebellion and putting of them to the horn, with certification to them if they fail, they shall be denounced rebels and put to the horn simpliciter, as the said libel and executions thereof at more length bear. Which libel being this day called in presence of the said lords of privy council, and the said Mr Thomas Dobie being brought from the tolbooth of Edinburgh, where he is now prisoner, to the council bar, and […] Nairne, bailie of Dalkeith, compearing personally and […] Smith, gaoler in Dalkeith being absent and not compearing, but excused in respect he is presently prisoner in the tolbooth of Edinburgh and lying sick there, and the rest of the defenders being lawfully cited, many times called, and not compearing, and their majesties’ solicitor compearing personally with Sir Patrick Home, advocate, one of his assistants, as pursuers, the lords of their majesties’ privy council grant certification against the said John Garbet, Andrew Logan, David Denholme, and John Boundine, in respect of their absence, and ordain letters to be directed to messengers at arms, commanding them to pass to the mercat cross of […] and other places needful, and there in their majesties’ name and authority to duly, lawfully, and orderly denounce the said absent defenders their majesties’ rebels and put them to their highnesses’ horn, and escheat and inbring all their moveable goods and gear to their majesties’ use, for their contempt and disobedience. And the said lords having considered the libel and answers made thereto for the said Mr Thomas Dobie, the hereby admit the same to probation against the said Bailie Nairne and Mr Thomas Dobie. And the whole witnesses cited in the said matter having compeared personally at the bar and made faith, except Beatrix Pearson, spouse to Mr George Honyman, minister, and the defenders having made no objections against the said witnesses when they were asked if they hade any, the said lords doe hereby appoint Mr Francis Montgomery of Giffin and Sir Robert Sinclair of Stevenson to be a committee for examining the said witnesses, and recommend to their majesties’ physicians to visit the said […] Smith in the tolbooth of Edinburgh, where he is prisoner, and report his condition to the council on Tuesday next.

1. PC1/48, 459-61.

2. The word ‘death’ is scored out here.

1. PC1/48, 459-61.