Tag Archives: 1 February 1694

Act, 1 February 1694, Edinburgh

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Edinburgh the First day of February Jaj vjc nyntie four years

D1694/2/41

Act

Act William Weight in Mid-Line

Anent a Petition given in to the Lords of their Majesties privy Councill be William Wight in Midlin Shewing That quher albeit the petitioner obtained Decreet before the shirreff of Roxburgh against James Sheill in Newlands for exhibiting and delivering to the petitioner the particular wrytes and rights with his father and mothers testament particularly mentioned in the said Decreet Which writtes the said James Sheill took into his Custody upon pretence of being nearest of kine to the petitioner severall years agoe when his father dyed and now after the petitioners majority refuses to deliver back the same, And therby keeps the petitioner from being infeft as air to his father upon the several rights of Wodsett, Which belonged to his father And the said James Sheill being a Single man without a familly has so farr contemned the sheriffs Decreet and charge theron that he is presently purposeing and openly boasts that he will depart the kingdome and goe to Ireland wherby he will utterly ruine the petitioner by Imazling and Destroying his rights and Carry the same out of the kingdome unless the saids Lords provyded remedy And Therfore Humbly suplicating the saids Lords to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above William Weight with the Decreet of exhibitione mentioned therin and produced therwith They heirby Grant warrand to the shirreff principal of the Shirefdome of Roxburgh or his deputs to Cause search for seaze upon and apprehend the above James Sheill and Comitt him prisoner untill he exhibit and deliver to the petitioner the wrytes Contained in the said Decreet and haill other wrytes in his Custody belonging to the petitioners predecesors and that upon oath before the said shirreff or his deputs or till he give bond and find suficient Cautione that he shall either exhibit and deliver the same or that he shall not depart out of this Kingdome untill he have obtempored the said Decreet of exhibition in all points.

Edinburgh the First day of February Jaj vjc nyntie four years

D1694/2/41

Act

Act William Weight in Mid-Line

Anent a Petition given in to the Lords of their Majesties privy Councill be William Wight in Midlin Shewing That quher albeit the petitioner obtained Decreet before the shirreff of Roxburgh against James Sheill in Newlands for exhibiting and delivering to the petitioner the particular wrytes and rights with his father and mothers testament particularly mentioned in the said Decreet Which writtes the said James Sheill took into his Custody upon pretence of being nearest of kine to the petitioner severall years agoe when his father dyed and now after the petitioners majority refuses to deliver back the same, And therby keeps the petitioner from being infeft as air to his father upon the several rights of Wodsett, Which belonged to his father And the said James Sheill being a Single man without a familly has so farr contemned the sheriffs Decreet and charge theron that he is presently purposeing and openly boasts that he will depart the kingdome and goe to Ireland wherby he will utterly ruine the petitioner by Imazling and Destroying his rights and Carry the same out of the kingdome unless the saids Lords provyded remedy And Therfore Humbly suplicating the saids Lords to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above William Weight with the Decreet of exhibitione mentioned therin and produced therwith They heirby Grant warrand to the shirreff principal of the Shirefdome of Roxburgh or his deputs to Cause search for seaze upon and apprehend the above James Sheill and Comitt him prisoner untill he exhibit and deliver to the petitioner the wrytes Contained in the said Decreet and haill other wrytes in his Custody belonging to the petitioners predecesors and that upon oath before the said shirreff or his deputs or till he give bond and find suficient Cautione that he shall either exhibit and deliver the same or that he shall not depart out of this Kingdome untill he have obtempored the said Decreet of exhibition in all points.

1. NRS, PC2/24, 329v.

1. NRS, PC2/24, 329v.

Act, 1 February 1694, Edinburgh

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Edinburgh the First day of February Jaj vjc nyntie four years

D1694/2/31

Act

Act and Remitt Mathew Forsyth and his Spouse

Anent a Petition given in to the Lords of ther majesties privy Councill be poor Mathew Forsyth Cook in Edinburgh and Marion Eliot his Spouse Shewing That quher upon the Eightein day of September Jaj vjc nyntie ne years the petitioner under Cloud of night were apprehended by the order of Baillie Blackwodd then present baillie in Edinburgh and incarcerat within the Tolbooth of the said burgh (for what cause the petitioners knowes not) and detained therin whill the Eleventh of may Jaj vjc nyntie two in a most Miserable penurious and starving Conditione he being put in the Iron house and his wyfe in the woman house And the cold of the winter that wes most violent as wes knowen to the saids Lords (They did not see any fire (except a Candle) and dureing all that space they never gott a bed bot Lay on the Cold floor haveing no mean of Subsistance they were necessitat to sell the Cloaths of their backs to mantaine them and all they got on the day was two plack Loaves betwixt them and at the time wher they were apprehended and incarcerat, The toune officers and their accompliches robbed ther house and away took all they could apprehend or gett and left nothing for back bed nor board of all they hade except a pair of great raxes a dropping pan and Some Chists and bedsteads Which they brack and break doun alse their signe and burned ther burges ticket, and took away of their plenishing ready money, meat, drink, and others to the value of Two Thousand punds scots and quhilk the petitioners were prisoners they called the baillies of Edinburgh Craveing to be tryed be them for what they hade to Lay to their Charge Which they refused to doe but turned them over to the saids Lords of privy Councill and ther Lordships wes pleased to turne them to the Lords of Justiciarij And the petitioners haveing called the Lords of Justiciary severall tymes for a tryall they ordained the petitioners to requyre those were the cause of the petitioners Imprisonment by nottar and instrument to insist against the petitioners of if they would not the Lords of Justiciary would put them at libertie and accordingly they did so as the double of the instrument under the hand of John Winzett nottar publict would testifie And upon ther refusall and passing from the petitioners were put at libertie as the extract of their Liberatione Out f the records of the tolbooth of Edinburgh alsoe produced would testifie throw which wrong Imprisonement of their persones and spulzieing of their goods wrongeously they are redacted to such extream povertie that they are unable to persew their Just Cause against the spulziers and way takers of their goods and plenishing unles the saids Lords were pleased to Grant them the benefit of their gratis roll that the Clerks and signet keepers may wryt and signet any letters they have need of gratis And Therfore Humbly Craveing the saids Lords to take the unjustnes of their Imprisonment and Illegallity of the way takeing of their goods to the saids Lords serwus Consideratione and be pleased to grant them the benefite of the gratis roll to the effect abovewritten as the petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Mathow Forsyth an his Spouse with the instrument and extract of their Liberatione They heirby Recomond to the Lords of Sessione to Grant the petitioners the benefite of the gratis roll That Advocats Clerks writters to and keepers of the signet may pass them gratis in the persuit which shall be intented against the away takers, of their goods and plenishing and incaise the said pursuit shall be intented before the Councill ordaines the Clerks of Councill to give out letters at the petitioners instance for citeing of the persones Compleaned upon to appear before the Councill the […] day of […] And Grants warrand for Citeing of witneses.

Edinburgh the First day of February Jaj vjc nyntie four years

D1694/2/31

Act

Act and Remitt Mathew Forsyth and his Spouse

Anent a Petition given in to the Lords of ther majesties privy Councill be poor Mathew Forsyth Cook in Edinburgh and Marion Eliot his Spouse Shewing That quher upon the Eightein day of September Jaj vjc nyntie ne years the petitioner under Cloud of night were apprehended by the order of Baillie Blackwodd then present baillie in Edinburgh and incarcerat within the Tolbooth of the said burgh (for what cause the petitioners knowes not) and detained therin whill the Eleventh of may Jaj vjc nyntie two in a most Miserable penurious and starving Conditione he being put in the Iron house and his wyfe in the woman house And the cold of the winter that wes most violent as wes knowen to the saids Lords (They did not see any fire (except a Candle) and dureing all that space they never gott a bed bot Lay on the Cold floor haveing no mean of Subsistance they were necessitat to sell the Cloaths of their backs to mantaine them and all they got on the day was two plack Loaves betwixt them and at the time wher they were apprehended and incarcerat, The toune officers and their accompliches robbed ther house and away took all they could apprehend or gett and left nothing for back bed nor board of all they hade except a pair of great raxes a dropping pan and Some Chists and bedsteads Which they brack and break doun alse their signe and burned ther burges ticket, and took away of their plenishing ready money, meat, drink, and others to the value of Two Thousand punds scots and quhilk the petitioners were prisoners they called the baillies of Edinburgh Craveing to be tryed be them for what they hade to Lay to their Charge Which they refused to doe but turned them over to the saids Lords of privy Councill and ther Lordships wes pleased to turne them to the Lords of Justiciarij And the petitioners haveing called the Lords of Justiciary severall tymes for a tryall they ordained the petitioners to requyre those were the cause of the petitioners Imprisonment by nottar and instrument to insist against the petitioners of if they would not the Lords of Justiciary would put them at libertie and accordingly they did so as the double of the instrument under the hand of John Winzett nottar publict would testifie And upon ther refusall and passing from the petitioners were put at libertie as the extract of their Liberatione Out f the records of the tolbooth of Edinburgh alsoe produced would testifie throw which wrong Imprisonement of their persones and spulzieing of their goods wrongeously they are redacted to such extream povertie that they are unable to persew their Just Cause against the spulziers and way takers of their goods and plenishing unles the saids Lords were pleased to Grant them the benefit of their gratis roll that the Clerks and signet keepers may wryt and signet any letters they have need of gratis And Therfore Humbly Craveing the saids Lords to take the unjustnes of their Imprisonment and Illegallity of the way takeing of their goods to the saids Lords serwus Consideratione and be pleased to grant them the benefite of the gratis roll to the effect abovewritten as the petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Mathow Forsyth an his Spouse with the instrument and extract of their Liberatione They heirby Recomond to the Lords of Sessione to Grant the petitioners the benefite of the gratis roll That Advocats Clerks writters to and keepers of the signet may pass them gratis in the persuit which shall be intented against the away takers, of their goods and plenishing and incaise the said pursuit shall be intented before the Councill ordaines the Clerks of Councill to give out letters at the petitioners instance for citeing of the persones Compleaned upon to appear before the Councill the […] day of […] And Grants warrand for Citeing of witneses.

1. NRS, PC2/24, 328v-329r.

1. NRS, PC2/24, 328v-329r.

Act, 1 February 1694, Edinburgh

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Edinburgh the First day of February Jaj vjc nyntie four years

D1694/2/21

Act

Act Mr James Gordon for the steipend of Foveraine.

Anent a Petition given in to the Lords of their Majesties privy Council be Mr James Gordon preacher at Foveraigne Shewing That wher the petitioner haveing ane call from the Earle of Marishall and other heritors and elders of the said parishin of Foveraine to be minister of the said kirk accordingly has officiat since the beginning of november last And seing the petitioner Cannot obtaine ane legall admission to the place untill ther be a presbytrie formally Constitute in that bounds Conforme to the present established Church government or till ther by a meeting of the Generall Assembly againe and that in the mean time the petitioners does constantly officiat and Serve the place Conforme to his Call quhich was therwith produced And Therfore Humbly Craveing the saids Lords in Consideration of the premises to interpone ther authoritie and to ordaine the petitioner may be Readily answered of the Stipend payable by the respective heritors and parishioners of the said parochin for the present year Jaj vjc nyntie thrie The termes of payment therof being first come and bygone and to grant letters accordingly as the said petition bears The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above Mr James Gordon with the Call be the Earle of Marishall and other heritors and elders of the above parish of Foveraine to the petitioner to be minister at the kirk of Foveraine and to enjoy the stipend manse and Gleib and other emoluments since mertimess Jaj vjc nyntie two years dated in october and november Jaj vjc and nyntie thrie years produced with the said petition, They heirby allow the petitioner the stipend of the above kirk of Foverain for the hail cropt and year of god Jaj vjc nyntie thrie years, And ordaines him to be readiely answered obeyed and payed therof be the heritors fewers wodsetters and others Lyable in payment of the same, And ordaines letters of horning under the signet of Councill to be direct against them for that effect He produceing a decreet of Locallitie and incase ther be no Decreet of Locallity, Ordaines these Lyable to make payment to the petitioner of their respective proportiones of the said years stipend according as the samen shall be Decerned by the Judge Ordinary The petitioners allwayes before extracting heirof Searing and signeing the oath of alledgance and assurance prescryved by act of parliament to their Majesties King William and Queen Mary and that in presence of any one of the Lords of their Majesties privy Councill, Or otherwayes instructing to the Clerks of privy Councill that he has allready taken the same in the termes of the act of Parliament or proclamatione following theron.

Edinburgh the First day of February Jaj vjc nyntie four years

D1694/2/21

Act

Act Mr James Gordon for the steipend of Foveraine.

Anent a Petition given in to the Lords of their Majesties privy Council be Mr James Gordon preacher at Foveraigne Shewing That wher the petitioner haveing ane call from the Earle of Marishall and other heritors and elders of the said parishin of Foveraine to be minister of the said kirk accordingly has officiat since the beginning of november last And seing the petitioner Cannot obtaine ane legall admission to the place untill ther be a presbytrie formally Constitute in that bounds Conforme to the present established Church government or till ther by a meeting of the Generall Assembly againe and that in the mean time the petitioners does constantly officiat and Serve the place Conforme to his Call quhich was therwith produced And Therfore Humbly Craveing the saids Lords in Consideration of the premises to interpone ther authoritie and to ordaine the petitioner may be Readily answered of the Stipend payable by the respective heritors and parishioners of the said parochin for the present year Jaj vjc nyntie thrie The termes of payment therof being first come and bygone and to grant letters accordingly as the said petition bears The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above Mr James Gordon with the Call be the Earle of Marishall and other heritors and elders of the above parish of Foveraine to the petitioner to be minister at the kirk of Foveraine and to enjoy the stipend manse and Gleib and other emoluments since mertimess Jaj vjc nyntie two years dated in october and november Jaj vjc and nyntie thrie years produced with the said petition, They heirby allow the petitioner the stipend of the above kirk of Foverain for the hail cropt and year of god Jaj vjc nyntie thrie years, And ordaines him to be readiely answered obeyed and payed therof be the heritors fewers wodsetters and others Lyable in payment of the same, And ordaines letters of horning under the signet of Councill to be direct against them for that effect He produceing a decreet of Locallitie and incase ther be no Decreet of Locallity, Ordaines these Lyable to make payment to the petitioner of their respective proportiones of the said years stipend according as the samen shall be Decerned by the Judge Ordinary The petitioners allwayes before extracting heirof Searing and signeing the oath of alledgance and assurance prescryved by act of parliament to their Majesties King William and Queen Mary and that in presence of any one of the Lords of their Majesties privy Councill, Or otherwayes instructing to the Clerks of privy Councill that he has allready taken the same in the termes of the act of Parliament or proclamatione following theron.

1. NRS, PC2/24, 327v-328r.

1. NRS, PC2/24, 327v-328r.

Sederunt, 1 February 1694, Edinburgh

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Edinburgh the First day of February Jaj vjc nyntie four years1

D1694/2/12

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Kintoir; Viscount Stair; Lord Raith; Lord Ross; Lord Belhaven; Lord Polwarth; Master of Forbes; Lord Advocat; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Stivenson; Sir Thomas Livingston

Edinburgh the First day of February Jaj vjc nyntie four years1

D1694/2/12

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Kintoir; Viscount Stair; Lord Raith; Lord Ross; Lord Belhaven; Lord Polwarth; Master of Forbes; Lord Advocat; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Stivenson; Sir Thomas Livingston

1. NRS, PC2/24, 327v.

2. NRS, PC2/24, 327v.

1. NRS, PC2/24, 327v.

2. NRS, PC2/24, 327v.

Procedure, 1 February 1694, Edinburgh

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Att Edinburgh the first day of February Jaj vic nyntie four years

A1694/2/61

Procedure

Remitt to The Lord Lyon anent messengers not qualified

This day ane List of the messengers who did not qualifie themselves before the Lord Lyon uithin the tyme condescended on In the late Act of parliament But who have since offered themselves to doe it uith ane note of their excuses why they Did it not in due tyme off which list of names is as Folloues viz James Murray messenger at Ruthuell Hugh Spottsuood messenger in Killmarocht John Hunter messenger in Air James Hunter messenger in Kirkcudbright Androw Cay messenger in Forfar Alexander Sibbald messenger in Prestonpanns Robert Patersone and James Mitchell messengers in Haddingtoune James Hardie messenger in Borroustouness David Veatch messenger in St Andreus David Black messenger in Couper John McCondochie messenger in Dunkeld Thomas Younger messenger in Glasgow John Fairweather messenger in Montross The Lords of their Majesties privy Councell Having Considered the above list of messengers They heirby authorize the Lord Lyon or his deputes off new to reenter the messengers contained in the above list as if they had not been formerly admitted messengers conforme to the laues and Acts of parliament appoynting them to suear and signe the oath of alleadgance and signe the assurance and appoyntes the said oath and assurance so to be suorne and signed be the above messengers to be reported to the Clarks of privy Councell subscribed by the Lord Lyon or his deputes administrators therof And that uithin ten dayes nixt after the administratione of the same to the respective messengers beforenamed

At Edinburgh 1 February 1694

A1694/2/61

Procedure

Remitt to the Lord Lyon concerning messengers not qualified

This day a list of the messengers who did not qualify themselves before the Lord Lyon within the time condescended on in the late act of parliament but who have since offered themselves to do it with a note of their excuses why they did it not in due time, of which list of names is as follows viz James Murray messenger at Ruthwell, Hugh Spottiswood messenger in Kilmarnock, John Hunter messenger in Ayr, James Hunter messenger in Kirkcudbright, Andrew Cay messenger in Forfar, Alexander Sibbald messenger in Prestonpans, Robert Paterson and James Mitchell messengers in Haddington, James Hardie messenger in Borrowstounness, David Veatch messenger in St Andrews, David Black messenger in Cupar, John McCondochie messenger in Dunkeld, Thomas Younger messenger in Glasgow, John Fairweather messenger in Montrose. The lords of their majesties’ privy council having considered the above list of messengers, they hereby authorise the Lord Lyon or his deputes of new to re-enter the messengers contained in the above list as if they had not been formerly admitted messengers conform to the laws and acts of parliament, appointing them to swear and sign the oath of allegiance and sign the assurance, and appoint the said oath and assurance so to be sworn and signed by the above messengers [and] to be reported to the clerks of privy council subscribed by the Lord Lyon or his deputes, administrators thereof, and that within ten days next after the administration of the same to the respective messengers beforenamed.

1. NRS, PC1/49, 243-4.

1. NRS, PC1/49, 243-4.

Act, 1 February 1694, Edinburgh

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Att Edinburgh the first day of February Jaj vic nyntie four years

A1694/2/51

Act

Act In favours of William Uilliam2 Drummond messenger

Anent the petitione given In to the Lords of their Majesties privy Councell Be William Drumond messenger in Dundie Sheuing That quher the petitioners Loyaltie and affectione to the present Government being sufficiently knouen But the petitioner being in the month of May Last distempered uith a paine in his head in such a manner That he was not only Incapable to Come out of his oune house about any of his affairs untill about short tyme agoe but the sight of both his eyes were in dainger and the sight of one of his eyes was almost altogither Lossed by the forsaid distemper And having since he was able to Come abroad applyed to the Lyon King at armes for the benefite of the Act of parliament anent the Administratione of oaths to Messengers The same was refuised uithout their Lordships speciall warrand for that effect wherby the petitioner was Cast destitut of all manner of Livelyhood And the shirreffdome of Forfar wher the petitioner Lived was heavily prejudged Ther being few or noe Messengers qualified according to Law in that shirreffdome of Forfar And Therfore Supplicating the saids Lords to take the premisses to their Consideratione And to Grant ordor and warrand to the Lyon king at Armes or his deputs The Magistrats of Dundie or any other persones the saids Lords should think fitt to administrat to the petitioner the oath according to the Act of parliament as the said petitione Bears The saids Lords of their Majesties privy Councell Having Considered the forsaid petitione Given In to them be the above William Drumond messenger They heirby authorize the Lord Lyon in his Court yet to administrat the oath of alleadgance and assurance to the petitioner at any tyme betuixt and the […] day of […] And declares that the petitioners suearing and signing the same before the said Lord Lyon in his Court betuixt and the said day shall be alse sufficient for him to all Intents and purposes as if he had done the same uithin the tyme appoynted by Act of parliament The petitioner alwayes before he be admitted to suear and signe the said oath of alleadgance and assurance Instructing to the said Lord Lyon that he Could not Come before him uithin the tyme appoynted by Act of parliament for the reasones mentioned in the said petitione And ordaines the said Lord Lyon his deput or Clark to report to the Clarks of privy Councell the oath of alleadgance and assurance which shall be suorne and signed by the petitioner and signed by the Lord Lyon uithin the space of ten dayes nixt after the suearing and signing therof

At Edinburgh 1 February 1694

A1694/2/51

Act

Act in favour of William Drummond messenger

Concerning the petition given in to the lords of their majesties’ privy council by William Drummond, messenger in Dundee, showing that where the petitioner’s loyalty and affection to the present government being sufficiently known, but the petitioner being in the month of May last distempered with a pain in his head in such a manner that he was not only incapable to come out of his own house about any of his affairs until about short time ago, but the sight of both his eyes was in danger and the sight of one of his eyes was almost altogether lost by the foresaid distemper, and having since he was able to come abroad applied to the lyon king at arms for the benefit of the act of parliament concerning the administration of oaths to messengers, the same was refused without their lordships’ special warrant for that effect, whereby the petitioner was cast destitute of all manner of livelihood. And the sheriffdom of Forfar, where the petitioner lived, was heavily prejudiced, there being few or no messengers qualified according to law in that sheriffdom of Forfar. And therefore supplicating the said lords to take the premisses to their consideration and to Grant order and warrant to the lyon king at arms or his deputes, the magistrates of Dundee, or any other persons the said lords should think fit, to administer to the petitioner the oath according to the act of parliament as the said petition bears. The said lords of their majesties’ privy council having considered the foresaid petition given in to them by the above William Drummond, messenger, they hereby authorise the lord lyon in his court yet to administer the oath of allegiance and assurance to the petitioner at any time between [now] and the […] day of […]. And declare that the petitioner’s swearing and signing the same before the said lord lyon in his court between [now] and the said day shall be as sufficient for him to all intents and purposes as if he had done the same within the time appointed by act of parliament, the petitioner always before he be admitted to swear and sign the said oath of allegiance and assurance instructing to the said lord lyon that he could not come before him within the time appointed by act of parliament for the reasons mentioned in the said petition. And ordain the said lord lyon his depute or clerk to report to the clerks of privy council the oath of allegiance and assurance which shall be sworn and signed by the petitioner and signed by the lord lyon within the space of ten days next after the swearing and signing thereof

0. NRS, PC1/49, 240.

1. NRS, PC1/49, 243.

2. Sic.

0. NRS, PC1/49, 240.

1. NRS, PC1/49, 243.

2. Sic.

Proclamation, 1 February 1694, Edinburgh

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Att Edinburgh the first day of February Jaj vic nyntie four years

A1694/2/41

Proclamation

proclamatione For Apprehending Fergus Templetoune

The Follouing proclamatione Being redd was approven and signed and appoynted to be recorded wherof the tenor folloues
William and Mary By the Grace of God King and Queen of great Brittaine France and Ireland defenders of the faith To […] Macers of our privie Councell messengers at armes our shirreffs in that part Conjunctlly and severally specially Constitut Greeting Forasmuchas we are well Informed of a Cruell murder Committed by Fergus Templetoune a Litle black curlie headed man souldier in Captaine Home his Company in the Lord Strathnaver his regiment upon James Dunlop in Kirkland uithin his oune house or barne wher he was Living peacably The murderer pretending that he was searching for deserters which Fergus Templetoune being apprehended and Committed prisoner in the guairds of Paslay did make his escape And we being desyrous that the Committers of so heynous a murder should be brought to Condigne punishment Therfore ue uith advyce of the Lords of our privy Councell Doe heirby Requyre and Command all our Magistrats officers souldiers and uthers our Leidges to doe their outmost Indeavour and dilligence to2 to apprehend the said Fergus Templetoune and delyver him prisoner to the magistrats of any of our Burghs To be by them keeped in safe custody untill he be brought to tryall and suffer condigne punishment for the said Cryme And ue out of our detestatione to such a horride Cryme and to the effect the same may not goe unpunished and for Encouradging persones to search for and apprehend the Murderer Doe Heirby make offer of the soume of Fyve hundreth merks to any persone or persones who shall apprehend the said Fergus Templetoune And delyver him prisoner to the Magistrats of any of our burghs which we Heirby promise shall be faithfully payed as a reuard to the said persone or persones for their apprehending of the said murderer Indemnifying heirby all persones from all hazard of slaughter mutilatione or any other Acts of violence which they may Committ against the said Fergus Templetoune uith any other persones uith him in apprehending the said murderer And ue uith advyce forsaid perremptarly Inhibite and discharge all and every our Leidges whatsomever to shelter harbour Conceall or any wayes assist or supplie the said Fergus Templetoune upon their highest perrill Our uill is Hierfore And ue Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and mercat Crosses of the whole remanent head burghs in this kingdome and others needfull And ther in our name and authority make publicatione of the premisses That none may pretend Ignorance And ordains these presents to be printed Given under our signet att Edinburgh the first day of February and of our reigne the fifth year 1694 sic subscribitur Tueeddall cancell Southerland Linlithgow Leven Annandalle Forfar Kintoir Raith Ross Beilhaven Polluarth William Master of Forbess John Lauder W Anstruther Robert Sinclair Thomas Livingstoune

At Edinburgh 1 February 1694

A1694/2/41

Proclamation

Proclamation for apprehending Fergus Templeton

The following proclamation being read was approved and signed and appointed to be recorded, whereof the tenor follows:
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 specially constituted, greeting. Forasmuch as we are well informed of a cruel murder committed by Fergus Templeton, a little black curly-headed man soldier in Captain Home his company in the Lord Strathnaver his regiment, upon James Dunlop in Kirkland within his own house or barn where he was living peaceably, the murderer pretending that he was searching for deserters, which Fergus Templeton being apprehended and committed prisoner in the guards of Paisley, did make his escape. And we being desirous that the committers of so heinous a murder should be brought to condign punishment, therefore we with advice of the lords of our privy council do hereby require and command all our magistrates, officers, soldiers, and others our lieges to do their utmost endeavour and diligence to apprehend the said Fergus Templeton and deliver him prisoner to the magistrates of any of our burghs, to be by them kept in safe custody until he be brought to trial and suffer condign punishment for the said crime. And we out of our detestation to such a horrid crime, and to the effect the same may not go unpunished, and for encouraging persons to search for and apprehend the murderer, do hereby make offer of the sum of five hundred merks to any person or persons who shall apprehend the said Fergus Templeton and deliver him prisoner to the magistrates of any of our burghs, which we hereby promise shall be faithfully paid as a reward to the said person or persons for their apprehending of the said murderer, indemnifying hereby all persons from all hazard of slaughter, mutilation, or any other acts of violence which they may commit against the said Fergus Templeton with any other persons with him in apprehending the said murderer. And we with advice foresaid peremptorily inhibit and discharge all and every our lieges whatsoever to shelter, harbour, conceal, or any way assist or supply the said Fergus Templeton upon their highest peril. 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 Edinburgh and mercat crosses of the whole remanent head burghs in this kingdom and others needful, and there in our name and authority make publication of the premisses that none may pretend ignorance, and ordain these present to be printed. Given under our signet at Edinburgh 5 February and of our reign the fifth year 1694. Sic subscribitur Tweeddale chancellor; Sutherland; Linlithgow; Leven; Annandale; Forfar; Kintore; Raith; Ross; Belhaven; Polwarth; William, master of Forbes; John Lauder; William Anstruther; Robert Sinclair; Thomas Livingstone.

1. NRS, PC1/49, 241-2.

2. The phrase ‘doe their outmost’ scored out here.

1. NRS, PC1/49, 241-2.

Warrant, 1 February 1694, Edinburgh

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Warrant

Warrand for processing Trottar and others for High treasone

The Lords of their Majesties privie Councell Doe Heirby approve of the Committment of John Trottar […] Mcneish and Gavine Johnstoune And Recommends to Sir James Steuart their Majesties Advocat to raise and follow furth ane Criminall Indytment Before the Lord Justice Generall Justice Clark and Commissioners of Justiciary Against the forenamed persones and […] Emeltoune for high treasone and Corresponding uith their Majesties Enemies and rebells in the Bass sic subscribitur Tueeddall cancel: Southerland Leven Forfar Kintoir Raith Ross Beilhaven Thomas Livingstoune

At Edinburgh 1 February 1694

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Warrant

Warrant for processing Trottar and others for high treason

The lords of their majesties’ privy council do hereby approve of the commitment of John Trottar […] Mcneish and Gavin Johnston, and recommend to Sir James Stuart, their majesties’ advocate, to raise and follow forth a criminal indictment before the lord justice general, justice clerk and commissioners of justiciary against the forenamed persons and […] Emelton for high treason and corresponding with their majesties’ enemies and rebels in the Bass. Sic subscribitur Tweeddale chancellor; Sutherland; Leven; Forfar; Kintore; Raith; Ross; Belhaven Thomas Livingstone

1. NRS, PC1/49, 241.

1. NRS, PC1/49, 241.

Letter: royal, 1 February 1694, Edinburgh

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Letter: royal

Letter from the King anent Recruites etc

The Letter underwryten direct from the Kings Majestie to the Lords of privie Councell Being read was ordored to be recorded wherof the tenor folloues
Suprascribitar Uilliam Rex
Right trustie and right uell beloved Cousine and Councellor Right trustie and Entirely beloved Cousins and Councellors Right trustie and right uell beloved Cousins and Councellors Right trustie and uell beloved Cousins and Councellors Right trustie and uell beloved Councellors Right trustie and uell beloved Councellors And trustie and uell beloved Councellors we Greet yow well wheras by our former Letter dated the […] day of december last we did signifie our pleasure in relatione to the raising the tuo thousand nyne hundreth and seventie one foot appoynted by Act of parliament to be levyed from the severall shyres of that our antient kingdome And in Ansuer to yours we have nominated the officers of these tuo Regiments We have aggreed uith Collonell Æneas Mckay to transport all the Recruites to Flanders and have given ordors to hyre transport shipps for Carrying the troopes ue Intend to take from yow And ue uill dispatch suitable Convoyes that may be in the firth as soon as all the men can be ready to Imbarque we have thought fitt to Acquant yow uith the ordors we have Given that this matter may be soe manadged by yow as to Ansuer our expectatione we doe assure ourselfes of your outmost applicatione to render it tymelie effectuall being of so Great Importance to the publict service and so advantagious to our scotts troopes abroad that they may be putt in Conditione to doe that service we have upon all occasiones receaved and doe expect from them Therfore yow are to proceed to fix dyets for Receaving the men from the severall shyres at their head burghs or most convenient places It uill be necessary that pairties of our forces both foot and dragoones be appoynted att these places to receave and guaird the men which Sir Thomas Livingstoun will Give the necessary to the troupes quartered nearest the the2 severall places And lykewayes the officers of the x tuo3 new Regiments And these officers sent over to make recruites must be delyvered and ordored to the severall places to be assistant to the receaving and guairding of these men In which they are cheifly concerned Collonell Æneas Mckay uill be usefull to yow in the directione of these officers We have thought fitt to add tuo Companies to our scotts foot guairds Therfore when the whole Levys are brought togither Sir Thomas Livingstoune is to Choyse out ane Hundreth men for these tuo Companies Besyds the fifteenth Hundreth formerly ordored for Recruites the rest to Compleat these tuo4 Companies are to be raised by beating of drums In which yow are to Give your allouance and assistance to the officers to make up whatever Recruites they want besyds the fifteen hundreth given them out of the Levy The officers of the tuo new Regiments are to be payed from the date of their Commissiones The Centinells from the tyme that they are delyvered by the severall shyres The officers for making Recruites Have money to pay threttie shillings for each man they receave and for subsisting them from the tyme they doe receave them Because the scotts establishment is […] men fewer in each Company foot and dragoones then the English establishment We doe allow the Collonells of these Regiments that are to Carry them thence to make up their numbers according to the English establishment when they enter upon that pay we doubt not your care in ordoring these or any other Circumstance or any other Circumstances that may occurr so as all our scotts troopes may appear well and Compleat And so we bidd yow heartily Fareuell Given at our Court at Kensingtoune the 22th day of January 1693/4 and of our Reigne the fifth year By his Majesties Command sic subscribitur John Dalrymple

At Edinburgh 1 February 1694

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Letter: royal

Letter from the king concerning recruits etc

The letter underwritten directed from the king’s majesty to the lords of privy council being read was ordered to be recorded whereof the tenor follows
Suprascribitar William Rex
Right trusty and right well beloved cousin and councillor, right trusty and entirely beloved cousins and councillors, right trusty and right well beloved cousins and councillors, right trusty and well beloved cousins and councillors, right trusty and well beloved councillors, right trusty and well beloved councillors, and trusty and well beloved councillors, we greet you well. Whereas by our former letter dated the […] day of December last we did signify our pleasure in relation to the raising the two thousand nine hundred and seventy one foot appointed by act of parliament to be levied from the several shires of that our ancient kingdom, and in answer to yours we have nominated the officers of these two regiments, we have agreed with Colonel Æneas Mackay to transport all the recruits to Flanders and have given orders to hire transport ships for carrying the troops we intend to take from you, and we will dispatch suitable convoys that may be in the firth as soon as all the men can be ready to embark. We have thought fit to acquaint you with the orders we have given that this matter may be so managed by you as to answer our expectation. We do assure ourselves of your utmost application to render it timely [and] effectual, being of so great importance to the public service and so advantageous to our Scots troops abroad that they may be put in condition to do that service we have upon all occasions received and do expect from them. Therefore you are to proceed to fix diets for receiving the men from the several shires at their head burghs or most convenient places, it will be necessary that parties of our forces both foot and dragoons be appointed at these places to receive and guard the men which Sir Thomas Livingstone will give the necessary to the troupes quartered nearest the several places, and likewise the officers of the two new regiments and these officers sent over to make recruits must be delivered and ordered to the several places to be assisting to the receiving and guarding of these men in which they are chiefly concerned. Colonel Æneas Mackay will be useful to you in the direction of these officers we have thought fit to add two companies to our Scots foot guards. Therefore when the whole levies are brought together, Sir Thomas Livingstone is to choose out one hundred men for these two companies, besides the fifteenth hundred formerly ordered for recruits, the rest to complete these two companies are to be raised by beating of drums in which you are to give your allowance and assistance to the officers to make up whatever recruits they want, besides the fifteen hundred given them out of the levy. The officers of the two new regiments are to be paid from the date of their commissions, the sentinels from the time that they are delivered by the several shires. The officers for making recruits have money to pay thirty shillings for each man they receive and for subsisting them from the time they do receive them. Because the Scots establishment is […] men fewer in each company foot and dragoons then the English establishment, we doe allow the colonels of these regiments that are to carry them thence to make up their numbers according to the English establishment when they enter upon that pay. We doubt not your care in ordering these or any other circumstance or any other circumstances that may occur so as all our Scots troops may appear well and complete. And so we bid you heartily farewell. Given at our court at Kensington 22 January 1693/4 and of our reign the fifth year. By his majesty’s command sic subscribitur John Dalrymple

1. NRS, PC1/49, 240-1.

2. Sic.

3. The phrase ‘x tuo’ is an insertion.

4. Insertion.

1. NRS, PC1/49, 240-1.

Sederunt, 1 February 1694, Edinburgh

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Sederunt

Lord Chancellor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintore; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polluarth; Master of Forbess; Lord Advocat; Lord Hattoune; Lord Funtainhall; Lord Anstruther; Laird of Stevensone; Sir Thomas Livingstoun

At Edinburgh 1 February 16941

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Sederunt

[John Hay, earl of Tweeddale] lord chancellor; [George Gordon] earl of Sutherland; [George Livingston] earl of Linlithgow; [David Melville] earl of Leven; [William Johnston] earl of Annandale; [Archibald Douglas] earl of Forfar; [John Keith] earl of Kintore; [James Dalrymple] Viscount Stair; [Alexander Melville] Lord Raith; [William] Lord Ross; [John Hamilton] Lord Belhaven; [Sir Patrick Hume] Lord Polwarth; [William] Master of Forbes; [Sir James Stewart of Goodtrees], lord advocate; [Sir John Lauder] Lord Hatton; [Sir John Lauder] Lord Fountainhall; [William] Lord Anstruther; [Sir Robert Sinclair] laird of Stevenson; Sir Thomas Livingstone

1. NRS, PC1/49, 240.

2. NRS, PC1/49, 240.

1. NRS, PC1/49, 240.

2. NRS, PC1/49, 240.