Tag Archives: 10 January 1693

Order, 10 January 1693, Edinburgh

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Edinburgh The Tenth day of January Jaj vjc nyntie thrie years

D1693/1/131

Order

[Anent William Craig, skipper]

Anent a Petition given in to the Lords of their Majesties privy Councill to William Craig Skiper in Kinghorne Shewing That wher the petitioner being ane Considerable ouner of the good ship called the Morton of Leith, The haill other ouners of the said ship at least the major part therof Did by their Commission of the date the […] dayes of August Jaj vjc Eightie Six years for the Causes therin mentioned Commissionat nominat and appoint the petitioner to be master of the said ship In place of Allan Wat skiper at Leith then master of the same, with full power to the petitioner to sett out and fraught the said ship for whatsomever voyages long or short within or without the kingdome to whatsomever merchants or other person or persones the petitioner should think most convenient as the said Commission of the date forsaid therwith produced would Testifie Conform to which Commission the petitioner hath ever since the year Jaj vjc Eightie Six continued master without interuption, And accordingly did fraught the said ship to Captaine Robert Young for transporting of Souldiers for his majesties service to Holland or Flanders as their Convoy should Land and for that effect Oblidged him to have his ship in readieness in the port Harbor or road of Leith against the fifth day of January instant, To receive on board the saids souldiers under the penalty of Ten pund Sterling incaise of faillie as the said Chartor partie past betwixt the said Captain Robert Young and the petitioner therwith also produced would Lykewayes testifie yet nevertheless also produced would Lykewayes testifie yet nevertheless some of the ouners of the said ship either of Designe to Obstruct his majesties service or upon some Other Sinistreous designes, Did two or thrie dayes after the date of the said Chartr partie, withdraw from Joyneing in said voyage, and did apply to the admirall depute and upon some frivillous and groundless pretences did procure from him ane warrand for arreisting the said ship untill such tyme as ane roup should be made of the same Wherby the petitioner (who is the greatest part ouner of any one himself) was not only highly prejudged Bot his majesties service in transportation of the saids souldiers obstructed, The said Captain Young being expressly ordered by the saids Lords to bring his men from Blackness to Leith in order to their transportation And Therfore Humbly Craveing the saids Lords would ordaine the said arreistment to be Loosed and allow the petitioner to goe on in makeing the said ship ready for transporting of the Saids Souldiers Conforme to his Chartor partie above mentioned, And to ordaine his other ouners to make payment to him of the damnages sustained be him in their arreisting of the said ship, And that in Respect of the said Captaines express order from the saids Lords and his Urgency of shipping of souldiers Conforme to the said Chartor party Or otherwayes to free and releive the petitioner of all Chartor parties and of all Coast Skaith, damnage or expences that he can sustaine Or incurr therby any maner of way throw obstructing his Majesties Service in not transportation of the souldiers or any maner of way whatsomever as the petition bears. The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above William Craig with the Comission and Chartor partie mentioned therin and produced ther with Togither with the verball report made to them be a Committie of their oun number to whom is was Remitted They heirby ordaine the Judge Admirall to see the said ship prepaired and made ready be the ouners therof, Conforme to the Charter partie betwixt the shipper and Captaine Young that their majesties service may not be retarded, And that notwithstanding of the arreistment, And Remitts to the said2 Judge admirall to discuss any point of right that may be in debate betwixt the ouners and the Master anent the said shipp with all expedition that the ship may tymely provyded of seamen, And all other necessaries for the Voyage mentioned in the said Chartor partie.

Edinburgh The Tenth day of January Jaj vjc nyntie thrie years

D1693/1/131

Order

[Anent William Craig, skipper]

Anent a Petition given in to the Lords of their Majesties privy Councill to William Craig Skiper in Kinghorne Shewing That wher the petitioner being ane Considerable ouner of the good ship called the Morton of Leith, The haill other ouners of the said ship at least the major part therof Did by their Commission of the date the […] dayes of August Jaj vjc Eightie Six years for the Causes therin mentioned Commissionat nominat and appoint the petitioner to be master of the said ship In place of Allan Wat skiper at Leith then master of the same, with full power to the petitioner to sett out and fraught the said ship for whatsomever voyages long or short within or without the kingdome to whatsomever merchants or other person or persones the petitioner should think most convenient as the said Commission of the date forsaid therwith produced would Testifie Conform to which Commission the petitioner hath ever since the year Jaj vjc Eightie Six continued master without interuption, And accordingly did fraught the said ship to Captaine Robert Young for transporting of Souldiers for his majesties service to Holland or Flanders as their Convoy should Land and for that effect Oblidged him to have his ship in readieness in the port Harbor or road of Leith against the fifth day of January instant, To receive on board the saids souldiers under the penalty of Ten pund Sterling incaise of faillie as the said Chartor partie past betwixt the said Captain Robert Young and the petitioner therwith also produced would Lykewayes testifie yet nevertheless also produced would Lykewayes testifie yet nevertheless some of the ouners of the said ship either of Designe to Obstruct his majesties service or upon some Other Sinistreous designes, Did two or thrie dayes after the date of the said Chartr partie, withdraw from Joyneing in said voyage, and did apply to the admirall depute and upon some frivillous and groundless pretences did procure from him ane warrand for arreisting the said ship untill such tyme as ane roup should be made of the same Wherby the petitioner (who is the greatest part ouner of any one himself) was not only highly prejudged Bot his majesties service in transportation of the saids souldiers obstructed, The said Captain Young being expressly ordered by the saids Lords to bring his men from Blackness to Leith in order to their transportation And Therfore Humbly Craveing the saids Lords would ordaine the said arreistment to be Loosed and allow the petitioner to goe on in makeing the said ship ready for transporting of the Saids Souldiers Conforme to his Chartor partie above mentioned, And to ordaine his other ouners to make payment to him of the damnages sustained be him in their arreisting of the said ship, And that in Respect of the said Captaines express order from the saids Lords and his Urgency of shipping of souldiers Conforme to the said Chartor party Or otherwayes to free and releive the petitioner of all Chartor parties and of all Coast Skaith, damnage or expences that he can sustaine Or incurr therby any maner of way throw obstructing his Majesties Service in not transportation of the souldiers or any maner of way whatsomever as the petition bears. The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above William Craig with the Comission and Chartor partie mentioned therin and produced ther with Togither with the verball report made to them be a Committie of their oun number to whom is was Remitted They heirby ordaine the Judge Admirall to see the said ship prepaired and made ready be the ouners therof, Conforme to the Charter partie betwixt the shipper and Captaine Young that their majesties service may not be retarded, And that notwithstanding of the arreistment, And Remitts to the said2 Judge admirall to discuss any point of right that may be in debate betwixt the ouners and the Master anent the said shipp with all expedition that the ship may tymely provyded of seamen, And all other necessaries for the Voyage mentioned in the said Chartor partie.

1. NRS, PC2/24, 157r-157v.

2. Insertion.

1. NRS, PC2/24, 157r-157v.

2. Insertion.

Act, 10 January 1693, Edinburgh

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Edinburgh The Tenth day of January Jaj vjc nyntie thrie years

D1693/1/121

Act

Act The Magistrats of Kirkaldie.

Anent a Petition given in to the Lords of their majesties privy Councill be the magistrats of Kirkaldie Shewing That the saids Lords by their act of the thretie one of December last Did Command the petitioners and the magistrats of Dyssart and the keepers of their tolbooths To receive into their saids Tolbooths the number of ane Hundreth and fiftein of these recruits to be proportionally divyded in these Tolbooths which are drawen out of Coll Buchans regiement, and are to be delivered to the officers of Coll Mckayes regiment in Flanders, And appointed the magistrats and baillies to keep these recruits within the saids prisones and ordained them and the keepers of their Tolbooths to Sufer the saids recruits to remaine their till furder order of the saids Lords or that the officers who are come from Flanders to whom these recruits are to be delivered should remove them from the saids prisones, And in the mean tyme ordained the petitioners and the magistrates of Dyssart to furnish blanketts to the saids recruites to Lye upon whill they remained in the said Tolbooths, And Ordained the saids officers to whom thes recruites are to be delivered to find suficient Caution to the satisfactione of the petitioners that they should restore and deliver back to the petitioners the blanketts to be furnished to the saids recruites in good case so soon as the recruites should be removed, Or Otherwayes that they should make payment to the petitioners of a rix doller for each pair of the saids blanketts being a double pair, which should not be restored in good case, as the saids Lords act therwith produced would make appear, As to which it was humbly represented to the saids Lords that the wholl burdein of both prisoners and guard of foot and horss is laid upon the petitioners, And the Comanders of these guards does not obey the saids Lords out In so farr as they do not burden the toune of Dysert with the proportionall part of these recruites, so that the petitioners Lyes under the haill burdein;2 Bot besydes that these prisoners are not only furnished with blanketts to the great Disadvantadge of the poor inhabitants of the place, Bot also the troop of Dragoons who guards them has Requyred such of the inhabitants who Labours some few aikers in and about the toune to furnish them with corne and straw which they are not able to doe And Therfore humbly Craveing the saids Lords to take the premisses to their Serious Consideration and to ordaine Caution to be found be the officers for the pryce of the Blanketts furnished as aforsaid And also to appoint a localitie for corne and straw to be furnished to the troop of Dragoons dureing their attendance upon the prisoners out the Countrie and land rent of the shyre In Respect the inhabitants are not able to furnish them, And in the mean tyme that their Lordships would be pleased to ordaine the officers of the said troop of Dragoons To make payment to the inhabitants of what corne and straw they have received or shall receive dureing their abode in the said burgh and for what charge both foot and horss shall Contract for meat and drink to the inhabitants with other necessar and extraordinar charge for Coall and Candle, And Sicklyke to Ordaine the officers to burden the toune of Dysart with a proportion of that burdein appointed by the saids Lords act of Councill as the said petitione bears The Lords of ther Majesties privy Councill Haveing Considered this petitione given in to them be the above magistrats of Kirkaldie Read in their presence They Doe heirby Recomend to and Requyre Sir James Lesly Commander in Cheiff for the tyme of their majesties forces of this kingdom To take care that the act of Councill anent the detatchments for recruites of the date the […] day of […] be punctually observed and particularly that securitie be given for blanketts and the prisones be presented as by the said act is appointed And Recommends to Sir James to see that the Dragoons who are guarding the saids recruites be not deficient in paying of their quarters and to cause transport a proportionall part of the recruites in the tolbooth of Kirkaldie to the Tolbooth of Dyssart according as that prison will bear. And to redress the petitioners in all ther Just Complaints against the saids recruits or dragoons appoynted to guard them.

Edinburgh The Tenth day of January Jaj vjc nyntie thrie years

D1693/1/121

Act

Act The Magistrats of Kirkaldie.

Anent a Petition given in to the Lords of their majesties privy Councill be the magistrats of Kirkaldie Shewing That the saids Lords by their act of the thretie one of December last Did Command the petitioners and the magistrats of Dyssart and the keepers of their tolbooths To receive into their saids Tolbooths the number of ane Hundreth and fiftein of these recruits to be proportionally divyded in these Tolbooths which are drawen out of Coll Buchans regiement, and are to be delivered to the officers of Coll Mckayes regiment in Flanders, And appointed the magistrats and baillies to keep these recruits within the saids prisones and ordained them and the keepers of their Tolbooths to Sufer the saids recruits to remaine their till furder order of the saids Lords or that the officers who are come from Flanders to whom these recruits are to be delivered should remove them from the saids prisones, And in the mean tyme ordained the petitioners and the magistrates of Dyssart to furnish blanketts to the saids recruites to Lye upon whill they remained in the said Tolbooths, And Ordained the saids officers to whom thes recruites are to be delivered to find suficient Caution to the satisfactione of the petitioners that they should restore and deliver back to the petitioners the blanketts to be furnished to the saids recruites in good case so soon as the recruites should be removed, Or Otherwayes that they should make payment to the petitioners of a rix doller for each pair of the saids blanketts being a double pair, which should not be restored in good case, as the saids Lords act therwith produced would make appear, As to which it was humbly represented to the saids Lords that the wholl burdein of both prisoners and guard of foot and horss is laid upon the petitioners, And the Comanders of these guards does not obey the saids Lords out In so farr as they do not burden the toune of Dysert with the proportionall part of these recruites, so that the petitioners Lyes under the haill burdein;2 Bot besydes that these prisoners are not only furnished with blanketts to the great Disadvantadge of the poor inhabitants of the place, Bot also the troop of Dragoons who guards them has Requyred such of the inhabitants who Labours some few aikers in and about the toune to furnish them with corne and straw which they are not able to doe And Therfore humbly Craveing the saids Lords to take the premisses to their Serious Consideration and to ordaine Caution to be found be the officers for the pryce of the Blanketts furnished as aforsaid And also to appoint a localitie for corne and straw to be furnished to the troop of Dragoons dureing their attendance upon the prisoners out the Countrie and land rent of the shyre In Respect the inhabitants are not able to furnish them, And in the mean tyme that their Lordships would be pleased to ordaine the officers of the said troop of Dragoons To make payment to the inhabitants of what corne and straw they have received or shall receive dureing their abode in the said burgh and for what charge both foot and horss shall Contract for meat and drink to the inhabitants with other necessar and extraordinar charge for Coall and Candle, And Sicklyke to Ordaine the officers to burden the toune of Dysart with a proportion of that burdein appointed by the saids Lords act of Councill as the said petitione bears The Lords of ther Majesties privy Councill Haveing Considered this petitione given in to them be the above magistrats of Kirkaldie Read in their presence They Doe heirby Recomend to and Requyre Sir James Lesly Commander in Cheiff for the tyme of their majesties forces of this kingdom To take care that the act of Councill anent the detatchments for recruites of the date the […] day of […] be punctually observed and particularly that securitie be given for blanketts and the prisones be presented as by the said act is appointed And Recommends to Sir James to see that the Dragoons who are guarding the saids recruites be not deficient in paying of their quarters and to cause transport a proportionall part of the recruites in the tolbooth of Kirkaldie to the Tolbooth of Dyssart according as that prison will bear. And to redress the petitioners in all ther Just Complaints against the saids recruits or dragoons appoynted to guard them.

1. NRS, PC2/24, 156r-156v.

2. The word ‘of both prisoners’ scored out here.

1. NRS, PC2/24, 156r-156v.

2. The word ‘of both prisoners’ scored out here.

Sederunt, 10 January 1693, Edinburgh

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Edinburgh The Tenth day of January Jaj vjc nyntie thrie years1

D1693/1/112

Sederunt

Lord Chancelor; Marquis of Douglas; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith; Lord Cardross; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhal; Lord Enstruther; Laird of Grant; Laird of Blackbarrony; Laird of Stivenson; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

Edinburgh The Tenth day of January Jaj vjc nyntie thrie years1

D1693/1/112

Sederunt

Lord Chancelor; Marquis of Douglas; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith; Lord Cardross; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhal; Lord Enstruther; Laird of Grant; Laird of Blackbarrony; Laird of Stivenson; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 155v.

2. NRS, PC2/24, 155v.

1. NRS, PC2/24, 155v.

2. NRS, PC2/24, 155v.

Procedure: report, 10 January 1693, Edinburgh

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Att Edinburgh the Tenth day of Januarij Jaj vjc and nyntie three years

A1693/1/191

Procedure: report

Report approbation and Recomendation to the Comittee anent militia and Countreys defence

The Lords of there Majesties privie Councill Haveing considered the report of the Comittee of there oune number of the dait the sixth day of Januarij Instant, anent the Militia and for putting the Countrey in a posture of defence, whereby It wes proposed that a proclamatione be emitted ordaining the haill heretors to be in readiness to come out with there sufficient and best horses and armes when called for by the Councill And Lykewayes that the militia be called furth in the termes as befor sett doun And the half of the militia horse for such shyres where the foot are converted into horse And when the Councill shall think fitt to call together the heretors That then the shyres whose foot militia were converted into horse be allowed to put the rest of there Fencible men in readynes to Come out And in the mean tyme that these fencible men be allowed to randezvouze within there oune paroches for exerciseing and training themselves as wes done in the years Jaj vjc Eightie nyne and Jaj vjc nyntie. The saids Lords of there Majesties privie Councill approves of the above report And recomends to the Comittee to meet the morrow at three of the cloack in the efternoon And proceed in the effair anent putting the Kingdome in a posture of defence

At Edinburgh, 10 January 1693

A1693/1/191

Procedure: report

Report, approval and recommendation to the committee for the militia and country’s defence

The lords of their majesties’ privy council having considered the report of the committee of their own number of 6 January instant, concerning the militia and for putting the country in a posture of defence, whereby it was proposed that a proclamation be emitted ordering all the heritors to be ready to come out with their sufficient and best horses and arms when called for by the council, and similarly that the militia be called forth in the terms as before set down and the half of the militia horse for such shires where the foot are converted into horse, and when the council shall think fit to call together the heritors, that the shires whose foot militia were converted into horse be allowed to put the rest of their fencible men in readiness to come out, and in the meantime that these fencible men be allowed to rendezvous within their own parishes for exercising and training themselves as was done in 1689 and 1690. The said lords of their majesties’ privy council approve of the above report and recommend to the committee to meet tomorrow at 3 o’clock in the afternoon and proceed with this for putting the kingdom in a posture of defence.

1. PC1/48, 547-8.

1. PC1/48, 547-8.

Act, 10 January 1693, Edinburgh

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Att Edinburgh the Tenth day of Januarij Jaj vjc and nyntie three years

A1693/1/181

Act

Act dischargeing souldiers to be drawen out of Blackness for recruitts

The Councill being Informed that the garrisone of Blackness out of which there are eleven souldiers appoynted to be drawen for recruitts doeth consist only of thretty six centinells And that there are severall prisoners therein for the tyme They hereby discharge the bringing of the saids souldiers appoynted for recruitts from the said castle untill farder order of Councill.

At Edinburgh, 10 January 1693

A1693/1/181

Act

Act discharging soldiers from being drawn out of Blackness as recruits

The council being informed that the garrison of Blackness out of which there are eleven soldiers appointed to be drawn as recruits consists only of thirty six sentinels and that there are currently several prisoners there, they hereby discharge the bringing of the said soldiers appointed as recruits from the said castle until further order of council.

1. PC1/48, 547.

1. PC1/48, 547.

Procedure: petition, 10 January 1693, Edinburgh

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Att Edinburgh the Tenth day of Januarij Jaj vjc and nyntie three years

A1693/1/171

Procedure: petition

[Petition anent the Mint]

Petitione Generall and Maister of the Mint Craveing the act of parliament Dischargeing the exportatione of brass and copper to be revived read and remitted to the Clerks to prepare a proclamation Conforme to the said act of parliament

At Edinburgh, 10 January 16093

A1693/1/171

Procedure: petition

[Petition concerning the Mint]

Petition by the general and master of the mint craving the act of parliament discharging the exportation of brass and copper to be revived, read and remitted to the clerks to prepare a proclamation according to the said act of parliament.

1. PC1/48, 547.

1. PC1/48, 547.

Act, 10 January 1693, Edinburgh

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Att Edinburgh the Tenth day of Januarij Jaj vjc and nyntie three years

A1693/1/161

Act

Act Thomas Kellie

Anent the petitione Given in to the Lords of there majesties privie Councill be Thomas Kellie barrone bailzie of Eymouth Shewing That whereas some dayes agoe there came in to the port of Eyemouth a small boat Loadned with coall from Blythsneuck in England which wes suspected by the Collector of the Customes in the forsaid port to be bound for the Bass And designed to supplie the rebells with coalls And tuo men of the Company of the forsaid boat being seized on by the Collector The petitioner as Bailzie of the place out of zeall for the service of the government Did to the outmost of his power offer his Concurrance for secureing of the saids boatmen And accordingly ordered three men to goe and assist the Collector and his waiters in Keeping them till they should be Carryed to some place where there wes a prisone But the said boatmen haveing throw the negligence or Imprudence of there keepers escaped The petitioner wes sent for by there Lordships and committed to prisone And hes ben since fully examined by a Comittee of there Lordships number Befor whom It is hoped the petitioner hes at least sufficiently vindicated himself from any wilfull offence done to the government In which ever since this happie revolutione The petitioner in his Circumstances and Capacity hes alwayes showed the greatest goodwill and affection wherefore it is hoped The saids Lords will be pleased to Impute this misfortune to no treachery nor designe in the petitioner But to the want of a prisone and a sufficient force to have secured these prisoners which Indeed is very plaine and obvious from the petitioners case He being but a barrone bailzie of a small and Inconsiderable fishertoun And therefore Craveing that the saids Lords would be pleased to ordaine the petitioner to be set at Liberty And that aither upon cautione to ansuer when called or without it As the said petitione bears The Saids Lords of there Majesties privie Councill haveing considdered this petitione given in to them be the above Thomas Kellie They hereby give order and warrand to the magistrates of Edinburgh and Keeper of there tolbooth To Sett the petitioner at Liberty furth thereof In respect he hes found sufficient cautione acted in the books of privie Councill That he shall Live peaceablie under and with all submissione to the present government of there Majesties King William and Queen Mary And that he shall not act consult or contryve any thing in prejudice thereof nor shall not converse nor correspond with rebells And that he shall appear befor the saids Lords of there majesties privie Councill when called for under the penalty of Fyve Hundreth merks In Case he shall failzie in any pairt of the premises and allowes Ninian Broun and Michaell Cockburne who were examined as witnesses In this effair to returne to there homes.

At Edinburgh, 10 January 1693

A1693/1/161

Act

Act for Thomas Kellie

Concerning the petition given in to the lords of their majesties’ privy council by Thomas Kellie, baron bailie of Eyemouth, showing that whereas some days ago there came in to the port of Eyemouth a small boat laden with coal from Blythe in England which was suspected by the collector of the customs in the foresaid port to be bound for the Bass and intended to supply the rebels with coal, and two men of the company of the foresaid boat being seized by the collector, the petitioner as bailie of the place out of zeal for the service of the government did the outmost of his power to offer his help for securing of the said boatmen, and accordingly ordered three men to go and assist the collector and his waiters in keeping them till they should be carried to some place where there was a prison. But the said boatmen, having through the negligence or imprudence of their keepers escaped, the petitioner was sent for by their lordships and committed to prison and has since been fully examined by a committee of their lordships number, before whom it is hoped the petitioner has at least sufficiently vindicated himself from any wilful offence done to the government in which ever since this happy revolution the petitioner in his circumstances and capacity has always shown the greatest good will and affection, wherefore it is hoped the said lords will be pleased to impute this misfortune to no treachery or design by the petitioner but to the want of a prison and a sufficient force to have secured those prisoners, which indeed is very plain and obvious from the petitioner’s case, he being but a baron bailie of a small and inconsiderable fisher town, and therefore craving that the said lords would be pleased to order the petitioner to be set at liberty and that either upon caution to answer when called or without it, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Thomas Kellie, they hereby give order and warrant to the magistrates of Edinburgh and keeper of their tolbooth to set the petitioner at liberty in respect that he has found sufficient caution acted in the books of privy council that he shall live peacefully under and with all submission to the present government of their majesties King William and Queen Mary and that he shall not act, consult or contrive anything in prejudice thereof and shall not converse or correspond with rebels, and that he shall appear before the said lords of there majesties’ privy council when called for under the penalty of 500 merks in case he fails in any part of the premises, and they allow Ninian Brown and Michael Cockburn who were examined as witnesses in this affair to return to their homes.

1. PC1/48, 546-7.

1. PC1/48, 546-7.

Order, 10 January 1693, Edinburgh

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A1693/1/151

Order

Order to the shirreff deput of Pearth anent ministers not praying for King and Queen

The Lords of there Majesties privie Councill doe hereby ordaine Mr Nathaniell Fyff shirrieff deput of Perth to make Inquirie and take tryall what ministers within any stewartries or regalities Lyeing within the bounds of the said shirreffdome doe not pray for there majesties King William and Queen Mary in the termes of the act of parliament and proclamationes of Councill and transmitt there names and designationes with a note of there crymes And what probatione can be furnished againest them to Sir William Lockhart there Majesties sollicitor betuixt and the tenth day of Februarij next That Lybells may be raised againest them as he will be ansuerable

At Edinburgh, 10 January 1693

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Order

Order to the sheriff depute of Perth concerning ministers not praying for the king and queen

The lords of their majesties’ privy council hereby order Mr Nathaniel Fife, sheriff depute of Perth, to make enquiry and take trial of which ministers within any stewartries or regalities lying within the bounds of the said sheriffdom do not pray for their majesties King William and Queen Mary in the terms of the act of parliament and proclamation of council and send their names and designations with a note of their crimes and what proof can be furnished against them to Sir William Lockhart their majesties’ solicitor before 10 February next, so that libels may be raised against them as he will be answerable.

1. PC1/48, 546.

1. PC1/48, 546.

Decreet, 10 January 1693, Edinburgh

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A1693/1/141

Decreet

Decreet The Sollicitor against ministers in Perthshyre

Anent the Lybell or Complaint raised at the Instance of Sir William Lockhart there Majesties Sollicitor for there Highnes interest in the matter underwreitten before the Lords of there Majesties privie Councill makeing mentione That where albeit by the Law of God and the principalls and Constitutions of every well governed natione all persones are bound to give due obedience thereto And wish well and pray for such whom they owe Just obedience and true alleadgeance as there soveraigne King Especially such who have been the glorious Instruments of there delyverie from the thraldome of popery and the pernicious Inconveniences that accompany ane arbitrarie power And by the municipall Constitutiones of this Realme all the subjects thereof are engadged to pray for there soveraigne And particularly by ane act of the meeting of the estates the thretteinth day of Apryll Jaj vjc Eightie nyne years all ministers who are in any eminent maner obleidged to discharge that duety are thereby expressly Comanded to read the proclamation of that dait And publictly to pray for there Majesties King William and Queen Mary as King and Queen of this Realme upon the dayes therein mentioned under the pain of being depryved Lossing of there benefice And by the same proclamation all the Leedges are certifyed And by the same proclamation all the Leedges are certifyed That they presume not to oune or acknowledge the late King James the seventh for there King or presume upon the highest perrill by word wreitting in a sermone or any other many of way to Impugne or dissoune there majesties as King and Queen of Scotland And by the thretty fyfth act of the second sessione of there Majesties Current parliament all ministers depryved for not praying publictly for there majesties as King and Queen of this realme And for not reading the said proclamatione of the Estates are prohibited and discharged to preach or exercise any pairt of the ministeriall functione aither in Churches or meeting houses upon any pretext whatsomever untill first they present themselves befor the Lords of there majesties privie Councill And therein there presence take swear and subscryve the oath of alleadgeance and assureance to there Majesties as King and Queen of this Realme and not to oune the Late King James in any sort Conforme to the tenor of the said proclamatione Certifyeing such ministers doeing in the contrair They shall be proceeded againest as persones dissaffected and Enemyes to there majesties government and shall be punished with all rigor And thereby ordained the said proclamation and act of the meeting of the estates to be put to farder execution againest all such ministers who have not as yet given obedience thereto by praying for there Majesties In maner forsaid And ordained the saids Lords of privie Councill to proceed therein And by diverse and sundrie proclamationes of the saids Lords the particular dayes of thanksgiveing and fasting mentioned therein Nevertheless Mr Alexander Balneaves minister at Tippermoore Mr Laurens Mercer minister at Gask Mr John Grahame minister at Maitherly Mr William Smith minister at Monydey Mr Thomas Murray Minister at Kinclaven and Mr John Blair minister at Kilspindie all within the shirreffdome of Pearth albeit some of them have been publictly depryved for not praying for there Majesties in the termes of the act of parliament have publictly preached and exercised the ministeriall functione within there oune respective houses and paroches where the samen Lyes and else where without qualifyeing themselves according to Law By not Swearing and signeing the oath of alleadgeance and engadgeing not to oune the Late King James and have not prayed for there Majesties in such Circumstantiat termes as the hearers might have known That they prayed for there majesties King William and Queen Mary as King and Queen And have been so farr from Evidenceing the sense they ought to have hade of there Majesties preservation and releiff of the grievous Circumstances the nation then Lay under that when the said proclamation of the estates wes sent to them at least came to there hands or of which they hade knowledge They were so farr from testifyeing there gratitude in giveing due obedience thereto That nether the day appoynted nor at any tyme since syne did they read the said proclamation nor any of the saids proclamationes for thanksgiveing and fast albeit In contempt of thes proclamationes Hes actually preached dayly sincesyne without praying for there Majesties as King and Queen of this Realme Convocateing severall paroches stirring up and fomenting there Disaffectione to the government Encouradgeing there majesties Enemies and discouradgeing there Loyall Subjects Sometymes not only prayeing for the Late King James And that God would restore him And make his croun to flourish upon head But also at other tymes to pray in such ambiguous termes that there hearers could not understand that they prayed for there majesties Off all which crymes the forsaids persones are guiltie actors airt and pairt And ought and should be severely punished in there persones and goods to the terror of others to doe the Lyke in tyme comeing. And Anent the Charge Given to the said haill forenamed persones abovecompleaned upon To Compear befor the saids Lords of privie Councill at Edinburgh or where it shall happen them to be for the tyme2 this day to ansuer to the points of the above Complaint and to hear and see such order and course taken there anent as the saids Lords shall find cause under the paine of rebellione and putting of them to the horne with Certificatione to them If they failzie They shall be denunced rebells and there majesties other Letters shall be direct furth againest them for that effect As the said Letters and executiones thereof more fully bears Which Lybell above wreitten being this day called In presence of the said Lords of privie Councill And the sollicitor Compearing personally And the saids defenders Compearing also personally The Lords of there majesties privie Councill haveing considered the above Lybell with the Judiciall acknowledgements of the above Mr Laurens Mercer Mr John Grahme Mr William Smith Mr Thomas Murray and Mr John Blair That they have not prayed for there Majesties King William and Queen Mary And that they have not3 keept the fasts and thanksgiveings appoynted by authority They hereby depryve the saids fyve ministers of there respective benefices at there Churches abovenamed And declares the saids Churches vacant And discharges the saids Ministers from preaching or exerciseing any pairt of the Ministeriall functione within there respective paroches forsaids And ordaines them to remove from there respective manses at the terme of whitsonday next And discharges them to Labour there Gleib or any pairt thereof in tyme comeing And having Considered the acknowledgement of the said Mr Alexander Balneaves That he hes preached since he wes deposed only once And did not pray for King William and Queen Mary They discharge the said Mr Alexander to preach or exercise any other pairt of his Ministeriall functione aither in church meeting house or any other place whatsomever untill he qualify himself in the termes of the act of parliament with certificatione If he faill In giveing punctuall obedience hereto The paines and punishments contained in the Lawes and acts of parliament shall be Inflicted againest him without favour or further delay And ordaines Letters of horning on fyfteen dayes and others needfull to be Direct hereon In forme as effairs

At Edinburgh, 10 January 1693

A1693/1/141

Decreet

Decreet by the solicitor against ministers in Perthshire

Concerning the libel or complaint raised at the instance of Sir William Lockhart their majesties’ solicitor for their highnesses’ interest in the matter underwritten before the lords of their majesties’ privy council, making mention that where albeit by the law of God and the principles and constitutions of every well governed nation, all persons are bound to give due obedience thereto and wish well and pray for such whom they owe just obedience and true allegiance as their sovereign king, especially such who have been the glorious instruments of their delivery from the thraldom of Catholicism and the pernicious inconveniences that accompany an arbitrary power, and by the municipal constitutions of this realm all the subjects thereof are engaged to pray for their sovereign, and particularly by an act of the meeting of the estates of 13 April 1689 all ministers who are in any eminent manner obliged to discharge that duty are thereby expressly commanded to read the proclamation of that date and publicly pray for their majesties King William and Queen Mary as king and queen of this realm upon the days therein mentioned under the pain of being deprived of their benefice; and by the same proclamation all the lieges are certified that they presume not to own or acknowledge the late King James VII as their king or presume upon the highest peril by word, writing, in a sermon or any other manner of way, to impugn or disown their majesties as king and queen of Scotland, and by the thirty-fifth act of the second session of their majesties’ current parliament all ministers deprived for not praying publicly for their majesties as king and queen of this realm and for not reading the said proclamation of the estates are prohibited and discharged to preach or exercise any part of the ministerial function in churches or meeting houses upon any pretext whatsoever until first they present themselves before the lords of their majesties’ privy council and in their presence take, swear and subscribe the oath of allegiance and assurance to their majesties as king and queen of this realm and not to own the late King James in any way, according to the tenor of the said proclamation, certifying that such ministers doing in the contrary shall be proceeded against as persons disaffected and enemies to their majesties’ government and shall be punished with all rigour; and thereby ordered the said proclamation and act of the meeting of the estates to be put to further execution against all such ministers who have not yet given obedience thereto by praying for their Majesties in manner foresaid, and ordered the said lords of privy council to proceed therein and by diverse and sundry proclamations of the said lords, the particular days of thanksgiving and fasting mentioned therein. Nevertheless Mr Alexander Balnaves, minister at Tippermuir, Mr Laurence Mercer, minister at Gask, Mr John Graham, minister at Madderty, Mr William Smith, minister at Moneydie, Mr Thomas Murray, minister at Kinclaven, and Mr John Blair minister at Kilspindie, all within the sheriffdom of Perth, albeit some of them have been publicly deprived for not praying for their majesties in the terms of the act of parliament, have publicly preached and exercised the ministerial function within their own houses and parishes where the same lie and elsewhere without qualifying themselves according to law by not swearing and signing the oath of allegiance and engaging not to own the late King James, and have not prayed for their majesties in such explicit terms as the hearers might have known that they prayed for their majesties King William and Queen Mary as king and queen, and have been so far from evidencing the sense they ought to have had of their majesties’ preservation and relief of the grievous circumstances the nation then lay under, that when the said proclamation of the estates was sent to them or at least came to their hands, or of which they had knowledge, they were so far from testifying their gratitude in giving due obedience thereto that neither the day appointed nor at any time since did they read the said proclamation or any of the said proclamations for thanksgiving and fast, albeit in contempt of these proclamations they have actually preached daily since without praying for their majesties as king and queen of this realm, convocating several parishes, stirring up and fomenting their disaffection to the government, encouraging their majesties’ enemies and discouraging their loyal subjects, sometimes not only praying for the late King James and that God would restore him and make his crown to flourish upon his head, but also at other times to pray in such ambiguous terms that their hearers could not understand that they prayed for their majesties; of all which crimes the foresaid persons are guilty actors, art and part, and ought and should be severely punished in their persons and goods to the terror of others to do the same in time coming. And concerning the charge given to all the forenamed persons complained upon to appear before the said lords of privy council at Edinburgh or where it shall happen them to be for the time this day to answer to the points of the above complaint and to hear and see such order and course taken as the said lords shall find cause under the pain of rebellion and putting of them to the horn, with certification to them that if they fail they shall be denounced as rebels and their majesties’ other letters shall be directed against them for that effect, as the said letters and executions thereof more fully bear, which libel above written being this day called in presence of the said lords of privy council and the solicitor appearing personally, and the said defenders appearing also personally, the lords of their majesties’ privy council having considered the above libel with the judicial acknowledgements of the above Mr Laurence Mercer, Mr John Graham, Mr William Smith, Mr Thomas Murray and Mr John Blair that they have not prayed for their majesties King William and Queen Mary and that they have not kept the fasts and thanksgivings appointed by authority, they hereby deprive the said five ministers of their respective benefices at their churches abovenamed and declare the said churches vacant, and discharge the said ministers from preaching or exercising any part of the ministerial function within their respective parishes, and they order them to remove from their respective manses at the term of Whitsun next, and they discharge them to work their glebes or any part thereof in time coming; and having considered the acknowledgement of the said Mr Alexander Balnaves that he has preached since he was deposed only once and did not pray for King William and Queen Mary, they discharge the said Mr Alexander to preach or exercise any other part of his ministerial function either in church meeting house or any other place whatsoever until he qualifies himself in the terms of the act of parliament, with certification that if he fails in giving punctual obedience hereto, the pains and punishments contained in the laws and acts of parliament shall be inflicted against him without favour or further delay; and they order letters of horning on 15 days’ notice and other requirements to be directed hereupon, in the appropriate form.

1. PC1/48, 543-6.

2. The phrase ‘at ane certain bygone’ scored out here.

3. Word inserted above the line.

1. PC1/48, 543-6.