Tag Archives: 11 August 1692 (pm)

Order, 11 August 1692 (pm), Edinburgh

Posted on by

Edinburgh the Eleventh day of August Jaj vjc Nyntie two years Post Meridiem

D1692/8/361

Order

Sist executione Laird of Dunn qra Ogilvie and his Cautioner

The Lords of their Majesties privy Councill Haveing Considered a Petitione given in to them be the Laird of Dunn They heirby Sist all procedure in the above action of compt and reckoning at the petitioners instance against George Ogilvie and the Laird of Tillibodie his Cautioner Untill the first Councill day of November nixt to come And Declaires that they will hear both parties and their advocats in their oun presence that day and appoints them to be ready and attend accordingly.

Edinburgh the Eleventh day of August Jaj vjc Nyntie two years Post Meridiem

D1692/8/361

Order

Sist executione Laird of Dunn qra Ogilvie and his Cautioner

The Lords of their Majesties privy Councill Haveing Considered a Petitione given in to them be the Laird of Dunn They heirby Sist all procedure in the above action of compt and reckoning at the petitioners instance against George Ogilvie and the Laird of Tillibodie his Cautioner Untill the first Councill day of November nixt to come And Declaires that they will hear both parties and their advocats in their oun presence that day and appoints them to be ready and attend accordingly.

1. NRS, PC2/24, 111v.

1. NRS, PC2/24, 111v.

Decreet, 11 August 1692 (pm), Edinburgh

Posted on by

Edinburgh the Eleventh day of August Jaj vjc Nyntie two years Post Meridiem

D1692/8/351

Decreet

Decreet The Earl of Kintoir Master of Forbes and others Against The heritors of the Cruves and Fishings of Neitherdon

Anent the Lybell pursued before the Lords of their Majesties privy Councill at the instance of John Earle of Kintoir William Master of Forbes Sir John Forbes of Cragivar, Patrick Lesley of Balquhyne, William Forbes of Munimusk John Skeen of Dyce, James Moir of Stoniewood, George Patton of Grandarne and Alexander Pattron of Kinaldie heritors of the Salmond fishing upon the watter of Done above the Cruives and Sir William Lockhart their Majesties Soliciter for their highnes intrest Makeing mention That quher albeit by the lawes and acts of Parliament of this kingdome and particularly by the sixtein the act of Alexander the second, The Eleventh act of King James the Sixth first his first parliament, the Seventie thrid act tenth parliament King James the thrid, The fiftein act 2d Parliament King James the fourth, The Sixteinth act parliament fourth King James the fifth, The sixtie Eight act nynth parliament Queen Mary, The Eightie nynth act sixth parliament King James the sixth, The thrid act Parliament seventh James the sixth, And by the threttie third act of Parliament first Charles second dated the Fourth day of Jully Jaj vjc Sixtie one Ratifieing and Approveing the forsaids haill acts And appointing the same to be put to due execution It is statute and ordained that no Cruives nor Zaires in Fresh watters shall be sett upon sands or shales farr within the river wher they ware not before Bot that all such cruives and Zairs shall be put doune and taken away And that no Cruives shall be suffered to stand in forbidden tyme, And that all who has Cruives shall keep the lawes anent Saturdayes stops and that six foot in the midstream shall be keeped allwayes open, And that ther shall be thrie Inshes of Differance betwixt each heck under the paines and penalties contained in the forsaids acts, And Especially by the said […] It is apppoynted that the Contraveeners of the saids act shall not only pay the soume of Twentie punds scots toties quoties And that the penalties the one half therof shall be uplifted for their Majesties use and the other half therof for the use and behoove of the parties damnified and who should first Challange and insist against the Contraveeners of the saids acts, And quhich penalties are appointed to be uplifted without any defaulcation Bot also it is appoynted that the executione therof shall be without prejudice of the partie interessed To insist against the transgressors of the saids acts And ilk ane of them for the prejudice and Loss sustained therby and finding suficient Cautione and surety for the due 2 Observance of the saids acts in all tyme comeing, Lykeas by ane Decreet of Declarator at the pursuars instance and their predecessors instances against the persones underwritten and their predecessors and authors before the Lords of session upon the thretein of February Jaj vjc sixtie six The saids Lords Did Find and Declare as to the Saturdayes stope that all and everie Cruive should be open from Saturday at six at night till munday at sunriseing so that dureing that tyme fishes may goe up and doune the watter without being Catched or taken And that the wydnes betwixt each heck should be thrie inshes And that the Dyke quherupon the persones underwritten their Cruives are Cituate should be only one foot and one half of height above the superfice of the watter as the samen runeth in ordinary Course when ther is no Spait in the watter betwixt the fiftein of Aprill and the first of May and that dureing the Saturdays stope ther shall be ane shute of ane ell of wydnes keept up to the tope of each Cruive in all and evrie one of the Cruives And that the inscales shall be Laid by and made open in all and everie one of them dureing the tyme forsaid And that the Dyke shall be at the tope only half ane ell of Breadth And that dureing the tyme of the Saturdayes stope, The puded heritors of the neither cruives and fishing shall not fish with any Ingines or any maner of way within their oun bounds and liberties, And that the haill and every one of the saids particulars Should be observed by the saids pretended Cruive masters their tacksmen and Servants under the penaltie of ane Thousand punds Scots money to be payed toties quoties any faillie that shall be Comitted in the observance of the saids particulars, And that the said penaltie Shall be Imployed In the first place for satisfieing of the parties greived and the remander should be Imployed as the saids Lords of Councill should think fitt Lykeas the heritors of the uper watter haveing raised ane action and Lybell of Controventione before the saids Lords of Secret Councill against the Neither heritors of Don upon the Lawes and grounds abovespecified Did obtaine the said nather watter heritors to be amercied and fyned for transgressing therof As the Decreet of Councill given therupon the tenth of Aprill Jaj vjc Eightie four years at leanth bears, Lykeas by act of Privy Councill Did expressly prohibit and Discharge packing and cureing of Salmond, The Lords of privy Councill, Did expressly prohibit ad Discharge all heritors and tacksmen to give to their Servants any fishes for their fies as also Discharges all persones quhatsomever from buying any Salmond fishes fresh or salt from the servants of the heritors, as also Discharged all persones both heritors and tacksmen from salting or Cureing any Salmond, Bot what was the products of their respective fishings and that under the paine of thift Notwithstanding quherof Mr Alexander Davidsone of Newtoune, James Gordon of Seatton, Henry Panton of Boghall, John Burnet skiper in Aberdeen Mary Cochran relict of John Moir of Barnes George Johnstone of Overtoune Mr John Johnstone merchant in Aberdein his sone, Mr James Gordon persone of Neitherbanchrie, William Black advocat in Aberdeen Mr Alexander Alexander of Old Cruives, Mr Thomas Forbes of Robslaw, William Gordon merchant in Edinburgh Master Androw Masie regent in the Collodge of Edinburgh Issobell Meinzies relict of Mr Arthur Gordon […] Gordon her sone Patrick Irving of Beltie, Alexander Stewart of Culpney […] Barclay of Urie, Jannet Shand relict of Thomas Burnet merchant Mr John Gordon younger of Seatton and their servants wattermen and others whom they retaine And ilk ane of them in manifast contempt of the said Lawes and acts of Parliament and Decreets above mentioned Have ever since the said tenth of Aprill Jaj vjc Eightie four years and yearly and continually since syne keeped and mantained cruives upon the Said watter of Done, And have keeped up a dyke quherupon the said Cruives are built under St Machers church near the mouth of the said river and very near to Salt watter and farr within the said watter and upon sands and sheills, and wher the saids Cruives ware not formerly built and therby they have destroyed the smoults and fry of Salmond contrare to the saids Lawes and acts of Parliament, And notwithstanding that the pursuars have yearly and ilk year most frequently Desyred the fornamed persones under forme of instrument To Observe obey and obtempor the saids Lawes and Acts of Parliament and Decreet abovementioned in relation to the observance of the said saturdayes stope distance of the hecks keeping of the cruive dykes and fishing with forbidden and unlawfull ingynes without their bounds dureing the tyme of the said Saturdayes stope. yett they and everie one of them in amnifast Dispute and contempt of authoritie And to the pursuars great Loss hurt and prejudice have wilfully and masterfully keept on the cruives both hecks and inscales at the least the most part of them ilk Saturday at night from six acloak till munday at sunryseing and have and doe Constantly fish with netts and other ingynes, And Doe stent netts dureing the tyme of the saturdays Stope, And Doe Constantly stent netts on all occasiones from the one syde of the watter to the other beneath the saids Cruives Lykeas they have not observed the Distance of the hecks bot have constantly and yet does keep in hecks which are hardly two inches distant Lykeas they keep the said Damen of ane extraordinary hight and breath upon the Tope contrair to the said Declarater, In so farr as the same is and have allwayes been two ells broad at the Tope, And thrie foots high above the superfice of the watter as it runs its ordinary course betwixt the fiftein of Aprill and the first of May Lykeas the fornamed persones and ilk one of them doe put cross barrs athort the cruives, and wands them up with small wands Broome and Whinnes under the watter, so that the Smallest troot cannot goe thorow them, Lykeas the saids persones heritors of the saids Cruives and neither fishings have of purpose to defraud the pursuars built yearly a strong dyke or dame quher their Cruives are sett, That even in a great and Considerable speatt no fisch could swime over it and with all have not placed the said Cruives in the deep places of the watter wher fishes may swime Bot upon Bot upon3 shoals wher they cannot, And when ther was any speat in the watter So that fishes could come to the Cruives, Then they placed double Harrie watter netts and such Like inventiones before the rung of the Cruives, As Likwayes staves and Clipshafts betwixt the Scales, So that fish could swime throw them to goe up the watter to the manifast defraud and totall prejudice of the pursuares, And Furder upon all Occasiones to keep the fish from entering the Cruives, The said Cruive and Neitherwatter heritors and their Servants have stopt the current of the watter beneath the Cruives with great stones almost as high as the supperfice of the watter And how oft the same have been taken out by the pursuars They have alse oft put them in againe as they ware And Farder they have in the deep places of watter upon the back or Neither part of the Cruive dyke or damm built and made Lebbies or inclossers which receive the fish as they swime up the watter and detaine them untill the saids neither heritors and their servants take them up with clips and spears, And moreover quheras the rungs of the cruives ware formerly in leanth and height about ane ell and a half they have been and are ever since the said Decreet of Councill made no longer nor higher then about thrie quarters of ane ell, The present hight, of the cruives, which the said Cruive and Neither watter heritors doe off purpose, That now when the Bottom and neither most parts of the Cruives are made almost equall with the superfice of the watter, the same may not appear to be so albeit that when ther is no Spet ther will be litle more nor two inches of Deepens upon the bottom of the Cruives, So that no maner of Fish can sweem theron, And Further albeit that all fishing should be forborn dureing the tyme of the Saturdayes stope And that the tyme and maner of the said stope should be duely observed, yet the said tyme of drawing and makeing open the stopes in the cruives hath not been observed nor the stope made of the widness appointed by the forsaids Decreets, And with all the saids Naither heritors and their servants have fished dureing the tyme of the said stopes and even upon the Lords Day both by Netts, Lebbies, Fithes and other wayes and So insolent have they been in this practise that they have severall tymes Beatten the pursuars servants when they did in a legall way admonish them to desist therfrae And Further Wheras in all mylne damms ther should be ane open mid stream ye the said James Gordon of Seatton hath a very high and strong mylne damm without any Sluce or opening at all, And on that dyke or damm, which is no Cruivedyke keeps Constantly severall Lebbies or Inclossures at the back therof In which many fishes are taken, And albeit it be in the power of the said James Gordon who lives upon the bring of the River and who has the Sole Command of the servants they being all his oun tennents to hinder the Irregularities forsaids, not only at his oun damm dyke Bot one all other places of the river, yet he is so farr from Preventing the same that he is rather the author therof In so farr as he contrare to the rest of the heritors inclinationes does mantaine and leep the servants when for their Irregularities they are Discharged ther service as particularly one […] Wilsone when discharging The said James Gordon did nevertheless protect Mantaine and keep him in the service and payed his wages notwithstanding that he was Discharged the Service 4 by reasone of the frequent Complaints made be the pursuars against his Illegall fishing as also when the Servants doe Imbazle and steall their masters fishes And when upon Complaints the same is found in thir Custody the said James Gordone does oun the Same as his albeit the act of Privy Councill Declares It Thift in any man to salt or cure any Salmond except he be heritor or tacksman and Discharges any heritor or tacksman to salt or cure any more then the product of his oun intrest under the paine of Thift, Lykeas his oun millers And Domestick Servants Doe oft tymes on Sunday and other Occasiones fish with flees, spears, and other unlawfull ingynes to the pursuars great damnage Lyke as the said Mr John Gordon has notwithstanding of the act of the saids Lords salted and Cured Considerable quantities of Salmond more then the product of his oun intrest and has ouned the Salmond, So illegally salted and cured, And notwithstanding they have been seized by the shirreff, yet has packed and avowedly made use of the same wherthrow the servants are the more encouradged to their forsaid Illegall practise And the designe of the saids Lords their act intirely frustrated, and the Illegall packing and salting of Salmond So farr encouradged that they run the hazard of Looseing that esteem which formerly they hade abroad, To the great damnadge not only of the pursuars bot also of the whole nation who have any concerne in the Salmond fishing And lastly to evidence the evill and malicious designes of the saids neither heritors for cureing on the saids acts of injustice and oppressione They keep and mantaine for that end a pack of Debauched and infameous persones to Serve in the said fishing a great part therof have been Declared fugitives for thift and other crymes and will not answer at any Court by all which deeds and practises The said Mr Alexander Davidson and remanent persones above complained upon have not only Contraveened the forsaids Lawes and acts of Parliament and Decreets above mentioned, And incurred the paines and penalties therin contained ilk ane of them yearly and monethly since the tenth day of Aprill Jaj vjc Eightie four years Bot also have damnified and prejudged them in the Soume of Two Thousand punds yearly and ilk year for the space and tyme abovementioned And Therfore Ought and should not only be Decerned to make payment of the penalties abovementioned as also of the Loss and damnage sustained by the pursuars in maner forsaid Extending in the haill to the soume of […] And to find Cautione to obtemper fulfill and obey the forsaids Lawes and acts of Parliament and Decreet of Declarator abovementioned Bot Lykewayes they ought to be examplarly punished in their persones and goods to the terror of others to comitt and doe the lyke in tyme comeing And Anent The charge given to the haill fornamed persones defenders To have Compeired before the saids Lords should think fitt as in the forsaid Lybell and executiones therof more fully is Contained Which Lybell being called upon the fourth day of August instant And the said Earle of Kintoir and Master of Forbes two of the pursuars Compeiring Personally for themselves, And the rest of the pursuars who ware absent with Sir James Ogilvie, Mr Hew Dalrymple, Mr David Dalrymple James Stewart Senior Mr James Scougall and Mr Robert Forbes ther advocats And the said Mr Alexander Davidsone, The above James Gordon of Seatton and William Gordon merchant in Edinburgh thrie of the saids defenders Compeiring also personally with Sir Robert Colt, Sir David Thores, and William Gordon advocats for the heritors of the Fishing of the said Neither Watter, and Mr William Monypennie and William Black a defender advocats for the heritors of the cruives on the said Neither Watter, And the haill remanent defendars being all lawfullie cited oftentymes called and not Compeiring The said Lybell with the answers given in therto be the heritors of the fishing on the said Neither Watter And Lykewayes the answers given in for the heritors of the Cruives upon the Same, Being all read and Considered and the advocats fully heard, The Lords of their Majesties privy Councill Doe grant certificatione against the haill absent defenders, And ordained letters of Denunciatione to be direct to messengers at armes Commanding them to pass to the marcat cross of […] and their in their majesties names and authoritie to duely Lawfullie and orderly Denunce the saids haill absent defenders their Majesties rebells and put them to their highnes horne, And ordaine all their movaball goods and geir to be Escheat and inbrought to their Majesties use for their contemption and Disobedience And Imediatly therafter to use the haill remanent order appointed by act of Parliament, And the saids Lords Ordained the witnesses to be examined and nominated and appointed a Commitie of their oun number for examineing the saids witnesses Reserving all objections which might be made against these witnesses to be proponed and discussed by the said Committie, With power to the said Committie to receive any legall defences quhich might be proponed befor them for excuseing the absence of any of the defenders And the haill witnesses cited did Compeir and made faith at the barr, And being examined by the said Committie They Deponed in maner mentioned in their respective depositiones as the samen Lying in proces bears And the Committie conforme to the power given to them be the Councill Sustained the excuses made for Robert Gordon sone to Mr Arthur Gordon and Issobell Mainzies his mother and the said Mary Cochran thrie of the defendars And Repones them against the Certificatione And the saids Lords of Privy Councill Having this day Considered the forsaid Lybell with the writtes produced for either partie and petitiones and informationes given in for them Togither with the depositiones of the witnesses adduced for the pursuar for proveing the points and articles of the Lybell They have Assoylzied and heirby Assoylzies Issobell Meinzies relict of umquhill Mr Arthur Gordon advocat and Robert Gordon her Sone and William Gordon merchant in Edinburgh thrie of the defenders from the points and articles of the Lybell In Respect neither they nor their authors are subscryvers of the Contract betwixt the heritors of the Neither Watter and the heritors of the Cruives, And the saids Lords Finds the points following suficiently proven viz the bigging of Labbies and takeing fish therin the casting in of Stones, before the Cruives wherby the Fishes are hindred to sweem up the watter, The building of Cruive-dykes higher then the degree appointed by Decret of the Lords of Session And the fishing with a Stented nett from bank to Bank, And Therfore The Saids Lords Have Fyned and heirby Fynes the defenders (except the thrie abovespecified) In the Soume of Five Thousand merks scots to be payed the one half therof be the heritors of the fishings on the Neither Watter, And the other half be the heritors of the cruives each of them in Solidum for their oun respective halfes, And appoints on third part of the said fyne to be payed in maner forsaid To Sir Patrick Murray of Saltcoatts Collector of their Majesties Croun rents for their highnes use, And the other two third parts therof to be payed to the pursuars for their damnage expences and charges, And Ordaines the Lobbies allready built to be Immediatly cast doun and taken away and Discharges the Rebuilding or makeing use of Lobbies in tyme comeing, And Lykewayes Discharges the makeing use of a Stented nett from Bank to Bank The tyme of the Saturdayes stope in all tyme comeing And Ordaines letters of horning upon fiftein dayes and others needfull to be direct heiron in forme as effeirs.

Edinburgh the Eleventh day of August Jaj vjc Nyntie two years Post Meridiem

D1692/8/351

Decreet

Decreet The Earl of Kintoir Master of Forbes and others Against The heritors of the Cruves and Fishings of Neitherdon

Anent the Lybell pursued before the Lords of their Majesties privy Councill at the instance of John Earle of Kintoir William Master of Forbes Sir John Forbes of Cragivar, Patrick Lesley of Balquhyne, William Forbes of Munimusk John Skeen of Dyce, James Moir of Stoniewood, George Patton of Grandarne and Alexander Pattron of Kinaldie heritors of the Salmond fishing upon the watter of Done above the Cruives and Sir William Lockhart their Majesties Soliciter for their highnes intrest Makeing mention That quher albeit by the lawes and acts of Parliament of this kingdome and particularly by the sixtein the act of Alexander the second, The Eleventh act of King James the Sixth first his first parliament, the Seventie thrid act tenth parliament King James the thrid, The fiftein act 2d Parliament King James the fourth, The Sixteinth act parliament fourth King James the fifth, The sixtie Eight act nynth parliament Queen Mary, The Eightie nynth act sixth parliament King James the sixth, The thrid act Parliament seventh James the sixth, And by the threttie third act of Parliament first Charles second dated the Fourth day of Jully Jaj vjc Sixtie one Ratifieing and Approveing the forsaids haill acts And appointing the same to be put to due execution It is statute and ordained that no Cruives nor Zaires in Fresh watters shall be sett upon sands or shales farr within the river wher they ware not before Bot that all such cruives and Zairs shall be put doune and taken away And that no Cruives shall be suffered to stand in forbidden tyme, And that all who has Cruives shall keep the lawes anent Saturdayes stops and that six foot in the midstream shall be keeped allwayes open, And that ther shall be thrie Inshes of Differance betwixt each heck under the paines and penalties contained in the forsaids acts, And Especially by the said […] It is apppoynted that the Contraveeners of the saids act shall not only pay the soume of Twentie punds scots toties quoties And that the penalties the one half therof shall be uplifted for their Majesties use and the other half therof for the use and behoove of the parties damnified and who should first Challange and insist against the Contraveeners of the saids acts, And quhich penalties are appointed to be uplifted without any defaulcation Bot also it is appoynted that the executione therof shall be without prejudice of the partie interessed To insist against the transgressors of the saids acts And ilk ane of them for the prejudice and Loss sustained therby and finding suficient Cautione and surety for the due 2 Observance of the saids acts in all tyme comeing, Lykeas by ane Decreet of Declarator at the pursuars instance and their predecessors instances against the persones underwritten and their predecessors and authors before the Lords of session upon the thretein of February Jaj vjc sixtie six The saids Lords Did Find and Declare as to the Saturdayes stope that all and everie Cruive should be open from Saturday at six at night till munday at sunriseing so that dureing that tyme fishes may goe up and doune the watter without being Catched or taken And that the wydnes betwixt each heck should be thrie inshes And that the Dyke quherupon the persones underwritten their Cruives are Cituate should be only one foot and one half of height above the superfice of the watter as the samen runeth in ordinary Course when ther is no Spait in the watter betwixt the fiftein of Aprill and the first of May and that dureing the Saturdays stope ther shall be ane shute of ane ell of wydnes keept up to the tope of each Cruive in all and evrie one of the Cruives And that the inscales shall be Laid by and made open in all and everie one of them dureing the tyme forsaid And that the Dyke shall be at the tope only half ane ell of Breadth And that dureing the tyme of the Saturdayes stope, The puded heritors of the neither cruives and fishing shall not fish with any Ingines or any maner of way within their oun bounds and liberties, And that the haill and every one of the saids particulars Should be observed by the saids pretended Cruive masters their tacksmen and Servants under the penaltie of ane Thousand punds Scots money to be payed toties quoties any faillie that shall be Comitted in the observance of the saids particulars, And that the said penaltie Shall be Imployed In the first place for satisfieing of the parties greived and the remander should be Imployed as the saids Lords of Councill should think fitt Lykeas the heritors of the uper watter haveing raised ane action and Lybell of Controventione before the saids Lords of Secret Councill against the Neither heritors of Don upon the Lawes and grounds abovespecified Did obtaine the said nather watter heritors to be amercied and fyned for transgressing therof As the Decreet of Councill given therupon the tenth of Aprill Jaj vjc Eightie four years at leanth bears, Lykeas by act of Privy Councill Did expressly prohibit and Discharge packing and cureing of Salmond, The Lords of privy Councill, Did expressly prohibit ad Discharge all heritors and tacksmen to give to their Servants any fishes for their fies as also Discharges all persones quhatsomever from buying any Salmond fishes fresh or salt from the servants of the heritors, as also Discharged all persones both heritors and tacksmen from salting or Cureing any Salmond, Bot what was the products of their respective fishings and that under the paine of thift Notwithstanding quherof Mr Alexander Davidsone of Newtoune, James Gordon of Seatton, Henry Panton of Boghall, John Burnet skiper in Aberdeen Mary Cochran relict of John Moir of Barnes George Johnstone of Overtoune Mr John Johnstone merchant in Aberdein his sone, Mr James Gordon persone of Neitherbanchrie, William Black advocat in Aberdeen Mr Alexander Alexander of Old Cruives, Mr Thomas Forbes of Robslaw, William Gordon merchant in Edinburgh Master Androw Masie regent in the Collodge of Edinburgh Issobell Meinzies relict of Mr Arthur Gordon […] Gordon her sone Patrick Irving of Beltie, Alexander Stewart of Culpney […] Barclay of Urie, Jannet Shand relict of Thomas Burnet merchant Mr John Gordon younger of Seatton and their servants wattermen and others whom they retaine And ilk ane of them in manifast contempt of the said Lawes and acts of Parliament and Decreets above mentioned Have ever since the said tenth of Aprill Jaj vjc Eightie four years and yearly and continually since syne keeped and mantained cruives upon the Said watter of Done, And have keeped up a dyke quherupon the said Cruives are built under St Machers church near the mouth of the said river and very near to Salt watter and farr within the said watter and upon sands and sheills, and wher the saids Cruives ware not formerly built and therby they have destroyed the smoults and fry of Salmond contrare to the saids Lawes and acts of Parliament, And notwithstanding that the pursuars have yearly and ilk year most frequently Desyred the fornamed persones under forme of instrument To Observe obey and obtempor the saids Lawes and Acts of Parliament and Decreet abovementioned in relation to the observance of the said saturdayes stope distance of the hecks keeping of the cruive dykes and fishing with forbidden and unlawfull ingynes without their bounds dureing the tyme of the said Saturdayes stope. yett they and everie one of them in amnifast Dispute and contempt of authoritie And to the pursuars great Loss hurt and prejudice have wilfully and masterfully keept on the cruives both hecks and inscales at the least the most part of them ilk Saturday at night from six acloak till munday at sunryseing and have and doe Constantly fish with netts and other ingynes, And Doe stent netts dureing the tyme of the saturdays Stope, And Doe Constantly stent netts on all occasiones from the one syde of the watter to the other beneath the saids Cruives Lykeas they have not observed the Distance of the hecks bot have constantly and yet does keep in hecks which are hardly two inches distant Lykeas they keep the said Damen of ane extraordinary hight and breath upon the Tope contrair to the said Declarater, In so farr as the same is and have allwayes been two ells broad at the Tope, And thrie foots high above the superfice of the watter as it runs its ordinary course betwixt the fiftein of Aprill and the first of May Lykeas the fornamed persones and ilk one of them doe put cross barrs athort the cruives, and wands them up with small wands Broome and Whinnes under the watter, so that the Smallest troot cannot goe thorow them, Lykeas the saids persones heritors of the saids Cruives and neither fishings have of purpose to defraud the pursuars built yearly a strong dyke or dame quher their Cruives are sett, That even in a great and Considerable speatt no fisch could swime over it and with all have not placed the said Cruives in the deep places of the watter wher fishes may swime Bot upon Bot upon3 shoals wher they cannot, And when ther was any speat in the watter So that fishes could come to the Cruives, Then they placed double Harrie watter netts and such Like inventiones before the rung of the Cruives, As Likwayes staves and Clipshafts betwixt the Scales, So that fish could swime throw them to goe up the watter to the manifast defraud and totall prejudice of the pursuares, And Furder upon all Occasiones to keep the fish from entering the Cruives, The said Cruive and Neitherwatter heritors and their Servants have stopt the current of the watter beneath the Cruives with great stones almost as high as the supperfice of the watter And how oft the same have been taken out by the pursuars They have alse oft put them in againe as they ware And Farder they have in the deep places of watter upon the back or Neither part of the Cruive dyke or damm built and made Lebbies or inclossers which receive the fish as they swime up the watter and detaine them untill the saids neither heritors and their servants take them up with clips and spears, And moreover quheras the rungs of the cruives ware formerly in leanth and height about ane ell and a half they have been and are ever since the said Decreet of Councill made no longer nor higher then about thrie quarters of ane ell, The present hight, of the cruives, which the said Cruive and Neither watter heritors doe off purpose, That now when the Bottom and neither most parts of the Cruives are made almost equall with the superfice of the watter, the same may not appear to be so albeit that when ther is no Spet ther will be litle more nor two inches of Deepens upon the bottom of the Cruives, So that no maner of Fish can sweem theron, And Further albeit that all fishing should be forborn dureing the tyme of the Saturdayes stope And that the tyme and maner of the said stope should be duely observed, yet the said tyme of drawing and makeing open the stopes in the cruives hath not been observed nor the stope made of the widness appointed by the forsaids Decreets, And with all the saids Naither heritors and their servants have fished dureing the tyme of the said stopes and even upon the Lords Day both by Netts, Lebbies, Fithes and other wayes and So insolent have they been in this practise that they have severall tymes Beatten the pursuars servants when they did in a legall way admonish them to desist therfrae And Further Wheras in all mylne damms ther should be ane open mid stream ye the said James Gordon of Seatton hath a very high and strong mylne damm without any Sluce or opening at all, And on that dyke or damm, which is no Cruivedyke keeps Constantly severall Lebbies or Inclossures at the back therof In which many fishes are taken, And albeit it be in the power of the said James Gordon who lives upon the bring of the River and who has the Sole Command of the servants they being all his oun tennents to hinder the Irregularities forsaids, not only at his oun damm dyke Bot one all other places of the river, yet he is so farr from Preventing the same that he is rather the author therof In so farr as he contrare to the rest of the heritors inclinationes does mantaine and leep the servants when for their Irregularities they are Discharged ther service as particularly one […] Wilsone when discharging The said James Gordon did nevertheless protect Mantaine and keep him in the service and payed his wages notwithstanding that he was Discharged the Service 4 by reasone of the frequent Complaints made be the pursuars against his Illegall fishing as also when the Servants doe Imbazle and steall their masters fishes And when upon Complaints the same is found in thir Custody the said James Gordone does oun the Same as his albeit the act of Privy Councill Declares It Thift in any man to salt or cure any Salmond except he be heritor or tacksman and Discharges any heritor or tacksman to salt or cure any more then the product of his oun intrest under the paine of Thift, Lykeas his oun millers And Domestick Servants Doe oft tymes on Sunday and other Occasiones fish with flees, spears, and other unlawfull ingynes to the pursuars great damnage Lyke as the said Mr John Gordon has notwithstanding of the act of the saids Lords salted and Cured Considerable quantities of Salmond more then the product of his oun intrest and has ouned the Salmond, So illegally salted and cured, And notwithstanding they have been seized by the shirreff, yet has packed and avowedly made use of the same wherthrow the servants are the more encouradged to their forsaid Illegall practise And the designe of the saids Lords their act intirely frustrated, and the Illegall packing and salting of Salmond So farr encouradged that they run the hazard of Looseing that esteem which formerly they hade abroad, To the great damnadge not only of the pursuars bot also of the whole nation who have any concerne in the Salmond fishing And lastly to evidence the evill and malicious designes of the saids neither heritors for cureing on the saids acts of injustice and oppressione They keep and mantaine for that end a pack of Debauched and infameous persones to Serve in the said fishing a great part therof have been Declared fugitives for thift and other crymes and will not answer at any Court by all which deeds and practises The said Mr Alexander Davidson and remanent persones above complained upon have not only Contraveened the forsaids Lawes and acts of Parliament and Decreets above mentioned, And incurred the paines and penalties therin contained ilk ane of them yearly and monethly since the tenth day of Aprill Jaj vjc Eightie four years Bot also have damnified and prejudged them in the Soume of Two Thousand punds yearly and ilk year for the space and tyme abovementioned And Therfore Ought and should not only be Decerned to make payment of the penalties abovementioned as also of the Loss and damnage sustained by the pursuars in maner forsaid Extending in the haill to the soume of […] And to find Cautione to obtemper fulfill and obey the forsaids Lawes and acts of Parliament and Decreet of Declarator abovementioned Bot Lykewayes they ought to be examplarly punished in their persones and goods to the terror of others to comitt and doe the lyke in tyme comeing And Anent The charge given to the haill fornamed persones defenders To have Compeired before the saids Lords should think fitt as in the forsaid Lybell and executiones therof more fully is Contained Which Lybell being called upon the fourth day of August instant And the said Earle of Kintoir and Master of Forbes two of the pursuars Compeiring Personally for themselves, And the rest of the pursuars who ware absent with Sir James Ogilvie, Mr Hew Dalrymple, Mr David Dalrymple James Stewart Senior Mr James Scougall and Mr Robert Forbes ther advocats And the said Mr Alexander Davidsone, The above James Gordon of Seatton and William Gordon merchant in Edinburgh thrie of the saids defenders Compeiring also personally with Sir Robert Colt, Sir David Thores, and William Gordon advocats for the heritors of the Fishing of the said Neither Watter, and Mr William Monypennie and William Black a defender advocats for the heritors of the cruives on the said Neither Watter, And the haill remanent defendars being all lawfullie cited oftentymes called and not Compeiring The said Lybell with the answers given in therto be the heritors of the fishing on the said Neither Watter And Lykewayes the answers given in for the heritors of the Cruives upon the Same, Being all read and Considered and the advocats fully heard, The Lords of their Majesties privy Councill Doe grant certificatione against the haill absent defenders, And ordained letters of Denunciatione to be direct to messengers at armes Commanding them to pass to the marcat cross of […] and their in their majesties names and authoritie to duely Lawfullie and orderly Denunce the saids haill absent defenders their Majesties rebells and put them to their highnes horne, And ordaine all their movaball goods and geir to be Escheat and inbrought to their Majesties use for their contemption and Disobedience And Imediatly therafter to use the haill remanent order appointed by act of Parliament, And the saids Lords Ordained the witnesses to be examined and nominated and appointed a Commitie of their oun number for examineing the saids witnesses Reserving all objections which might be made against these witnesses to be proponed and discussed by the said Committie, With power to the said Committie to receive any legall defences quhich might be proponed befor them for excuseing the absence of any of the defenders And the haill witnesses cited did Compeir and made faith at the barr, And being examined by the said Committie They Deponed in maner mentioned in their respective depositiones as the samen Lying in proces bears And the Committie conforme to the power given to them be the Councill Sustained the excuses made for Robert Gordon sone to Mr Arthur Gordon and Issobell Mainzies his mother and the said Mary Cochran thrie of the defendars And Repones them against the Certificatione And the saids Lords of Privy Councill Having this day Considered the forsaid Lybell with the writtes produced for either partie and petitiones and informationes given in for them Togither with the depositiones of the witnesses adduced for the pursuar for proveing the points and articles of the Lybell They have Assoylzied and heirby Assoylzies Issobell Meinzies relict of umquhill Mr Arthur Gordon advocat and Robert Gordon her Sone and William Gordon merchant in Edinburgh thrie of the defenders from the points and articles of the Lybell In Respect neither they nor their authors are subscryvers of the Contract betwixt the heritors of the Neither Watter and the heritors of the Cruives, And the saids Lords Finds the points following suficiently proven viz the bigging of Labbies and takeing fish therin the casting in of Stones, before the Cruives wherby the Fishes are hindred to sweem up the watter, The building of Cruive-dykes higher then the degree appointed by Decret of the Lords of Session And the fishing with a Stented nett from bank to Bank, And Therfore The Saids Lords Have Fyned and heirby Fynes the defenders (except the thrie abovespecified) In the Soume of Five Thousand merks scots to be payed the one half therof be the heritors of the fishings on the Neither Watter, And the other half be the heritors of the cruives each of them in Solidum for their oun respective halfes, And appoints on third part of the said fyne to be payed in maner forsaid To Sir Patrick Murray of Saltcoatts Collector of their Majesties Croun rents for their highnes use, And the other two third parts therof to be payed to the pursuars for their damnage expences and charges, And Ordaines the Lobbies allready built to be Immediatly cast doun and taken away and Discharges the Rebuilding or makeing use of Lobbies in tyme comeing, And Lykewayes Discharges the makeing use of a Stented nett from Bank to Bank The tyme of the Saturdayes stope in all tyme comeing And Ordaines letters of horning upon fiftein dayes and others needfull to be direct heiron in forme as effeirs.

1. NRS, PC2/24, 106v-111v.

2. The word ‘obedience’ scored out here.

3. Sic.

4. The words ‘and payed his wages’ scored out here.

1. NRS, PC2/24, 106v-111v.

2. The word ‘obedience’ scored out here.

3. Sic.

4. The words ‘and payed his wages’ scored out here.

Act, 11 August 1692 (pm), Edinburgh

Posted on by

Edinburgh the Eleventh day of August Jaj vjc Nyntie two years Post Meridiem

D1692/8/341

Act

Act The Commissioners of Supply of the Shyre of Innverness

Anent a Petition given in to the Lords of their Majesties Privy Councill be Sir Hew Campbell of Calder Duncan Forbes of Culloden Thomas Frazer of Bowfort, Mr William Robison of Iniess, William Mcintosh of Borline George Cuthbert of Castlehill Donald Mcintosh of Kelachie Hew Frazer of Beladrum Hew Frazer of Dalalich Alexander Frazer of Relut, Hew Frazer of Balindoune Commissioners of the old supply of the shyre of Innerness Shewing That wher they ware pursued before the Lords of session at the instance of John Watsone as representing the deceast Thomas Watsone sometyme their Collector for the Soume of one Thousand six hundred twentie two punds nyne shilling scots money adebted be the petitioners as Commissioners to the said Collection As also for the intrest of the said soume since the date of a protest taken against the petitioners and their then Collector in Jully Jaj vjc Eightie thrie, Albeit it be of verity that the said debt was only owing by them as Commissioners acting profitably for the behoove of the shyre, upon Which consideratione when this matter was represented to the saids Lords in anno Jaj vjc Eightie Six, They by their Decreet dated the seventeinth day of June the said year Ordained that the petitioners Commissioners of the Old Supply and these of the new for the said shyre should meet any nyne of them being a quorum for Imposeing of what should be found due to the said old Collector proportionally upon the heritors of the said shyre, And that the same should be uplifted by quartureing and all other executione competent as the said act of Councill therwith produced bears Bot Because of ane oversight of the then Clerk the forsaid act did bear no warrand for directing of letters, The saids Commissioners could never be gott Conveened Wherfore necessary it was that the forsaid defect be supplyed be the saids Lords warrand And defect be supplyed be the saids Lords warrand And that letters might be direct to the effect forsaid at the instance of James Dunbarr the present Collector of the said shyre in Suppliement of the said former act And Therfore Humbly Craveing The saids Lords would give warrand that letters might be direct upon the said former act against 2 Commissioners to Conveen as also against the heritors to make payment of the proportiones to be Laid upon them of the said soume principall or intrest under the paine of quartering and all other executione Competent Conforme to the tenor and intent therof in all points and that the Clerk would give them ane new act therupon bearing the said warrand as the petitione bears The Lords of their Majesties Privy Councill haveing Considered this petition given in to them be the above Sir Heugh Campbell and others with the former act of Councill mentioned therin and produced therwith They heirby of Now (as in the former act) Ordaine the Commissioners of the old and new Supply for the Said Shyre of Innverness or any nyne of them (who they declair to be a suficient quorum) To meett take tryall and Impose the soumes resting to the above John Watsone proportionally upon the heritors of that shyre and quartering and all executione to pass accordingly at the instance of the above James Dunbar present Collector of the said shyre, And ordaines letters of horning to be direct at the instance of the said James against the forsaids Commissioners for meeting takeing tryall and Imposeing as said is.

Edinburgh the Eleventh day of August Jaj vjc Nyntie two years Post Meridiem

D1692/8/341

Act

Act The Commissioners of Supply of the Shyre of Innverness

Anent a Petition given in to the Lords of their Majesties Privy Councill be Sir Hew Campbell of Calder Duncan Forbes of Culloden Thomas Frazer of Bowfort, Mr William Robison of Iniess, William Mcintosh of Borline George Cuthbert of Castlehill Donald Mcintosh of Kelachie Hew Frazer of Beladrum Hew Frazer of Dalalich Alexander Frazer of Relut, Hew Frazer of Balindoune Commissioners of the old supply of the shyre of Innerness Shewing That wher they ware pursued before the Lords of session at the instance of John Watsone as representing the deceast Thomas Watsone sometyme their Collector for the Soume of one Thousand six hundred twentie two punds nyne shilling scots money adebted be the petitioners as Commissioners to the said Collection As also for the intrest of the said soume since the date of a protest taken against the petitioners and their then Collector in Jully Jaj vjc Eightie thrie, Albeit it be of verity that the said debt was only owing by them as Commissioners acting profitably for the behoove of the shyre, upon Which consideratione when this matter was represented to the saids Lords in anno Jaj vjc Eightie Six, They by their Decreet dated the seventeinth day of June the said year Ordained that the petitioners Commissioners of the Old Supply and these of the new for the said shyre should meet any nyne of them being a quorum for Imposeing of what should be found due to the said old Collector proportionally upon the heritors of the said shyre, And that the same should be uplifted by quartureing and all other executione competent as the said act of Councill therwith produced bears Bot Because of ane oversight of the then Clerk the forsaid act did bear no warrand for directing of letters, The saids Commissioners could never be gott Conveened Wherfore necessary it was that the forsaid defect be supplyed be the saids Lords warrand And defect be supplyed be the saids Lords warrand And that letters might be direct to the effect forsaid at the instance of James Dunbarr the present Collector of the said shyre in Suppliement of the said former act And Therfore Humbly Craveing The saids Lords would give warrand that letters might be direct upon the said former act against 2 Commissioners to Conveen as also against the heritors to make payment of the proportiones to be Laid upon them of the said soume principall or intrest under the paine of quartering and all other executione Competent Conforme to the tenor and intent therof in all points and that the Clerk would give them ane new act therupon bearing the said warrand as the petitione bears The Lords of their Majesties Privy Councill haveing Considered this petition given in to them be the above Sir Heugh Campbell and others with the former act of Councill mentioned therin and produced therwith They heirby of Now (as in the former act) Ordaine the Commissioners of the old and new Supply for the Said Shyre of Innverness or any nyne of them (who they declair to be a suficient quorum) To meett take tryall and Impose the soumes resting to the above John Watsone proportionally upon the heritors of that shyre and quartering and all executione to pass accordingly at the instance of the above James Dunbar present Collector of the said shyre, And ordaines letters of horning to be direct at the instance of the said James against the forsaids Commissioners for meeting takeing tryall and Imposeing as said is.

1. NRS, PC2/24, 105v-106v.

2. The word ‘The’ scored out here.

1. NRS, PC2/24, 105v-106v.

2. The word ‘The’ scored out here.

Sederunt, 11 August 1692 (pm), Edinburgh

Posted on by

Edinburgh the Eleventh day of 1 August Jaj vjc Nyntie two years Post Meridiem2

D1692/8/333

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Drumlanrig; Earl of Linlithgow; Earl of Strathmor; Earl of Lothian; Earl of Forfar; Earl of Kintoir; Earl of Brodalbine; Viscount Tarbatt; Viscount Stair; Lord Raith; Lord Cardross; Lord Carmicheall; Lord Polwarth; Master of Forbes; Lord Enstruther; Laird of Blackbarony; Laird of Stivenson; Sir William Lockhart; Sir Patrick Murray

Edinburgh the Eleventh day of 1 August Jaj vjc Nyntie two years Post Meridiem2

D1692/8/333

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Drumlanrig; Earl of Linlithgow; Earl of Strathmor; Earl of Lothian; Earl of Forfar; Earl of Kintoir; Earl of Brodalbine; Viscount Tarbatt; Viscount Stair; Lord Raith; Lord Cardross; Lord Carmicheall; Lord Polwarth; Master of Forbes; Lord Enstruther; Laird of Blackbarony; Laird of Stivenson; Sir William Lockhart; Sir Patrick Murray

1. The word ‘Jully’ scored out here.

2. NRS, PC2/24, 105v.

3. NRS, PC2/24, 105v.

1. The word ‘Jully’ scored out here.

2. NRS, PC2/24, 105v.

3. NRS, PC2/24, 105v.

Proclamation, 11 August 1692 (pm), Edinburgh

Posted on by

Att Edinburgh the Eleaventh of August Jaj vjc nyntie tuo years Post Meridiem

A1692/8/461

Proclamation

Proclamation anent Beggars

The Following Proclamation Being read votted and approven wes ordered to be recored whereof the tenor follows William and Mary Be the Grace of God King and Queen of great Brittaine France and Ireland defenders of the faith To […] macers of our privie Councill Messengers at armes our shirreffs in that pairt Conjunctlie and severallie speciallie constitute Greeting Whereas severall good Lawes have been made by our Royall predicessors for mantaining the poor And releiving the Leedges of the burden of vagabonds In prosecutione whereoff wee hereby requyre the heretors minister and Elders of everie paroch to meet on the second tuesday of September next at there paroch church and there to make Lists of all the poor within there Church And to Cast up the quota of what may mantaine them according to there respective needs And to cast the said quota The one half upon the heretors and the other half upon the Housholders of the paroch And to collect the same in the beginning of everie week, moneth or quarter as they shall Judge most fitt And to appoint tuo overseers yearly to Collect and destribute the said mantenance to the poor according to there severall needs And Lykewayes to appoint ane officer to serve under the saids overseers for Inbringing of the mantenance And for expelling Stranger vagabonds from the paroch whose fee is to be stinted on the paroch as the rest of the mantenance for the poor is stinted And such poor as are not provyded of houses for themselves or by there freinds The heretors are to provyde them with houses on the expenses of the paroch in maner forsaid And if any paroch shall faill in provyeing sufficiently for there oune poor The paroch So failzieng shall pay the soume of Tuo Hundreth pounds Scotts To be uplifted A Third pairt to the persewer and tuo pairts to be Applyed towards the mantenance of the poor of the said paroch And that monethly toties quoties as they shall faill in there duety And if there be any mortificationes alreadie or If any hereafter shall accrue to any paroch The same shall be applyed by the advyce of the heretors and elders to the use forsaid But without diminutione of the stock of the saids mortificationes And the heretors and elders are hereby appointed to have a second meeting at the saids paroch kirks this year on the second tuesday of october next for a more exact setleing of this matter And yearly therefter the heretors minister and elders of everie paroch are to meet on the first tuesday of Februarij And the first tuesday of August yearly to Consult and determine therein as shall be thought fitt for everie ensueing half year and to appoint overseers by the year or half year as they shall Conclude And all the ministers are hereby requyred to give tymous Informatione to the shirreff of the shyre If any paroch shall fail in performance of this Christian duety in wholl or in pairt And the shirreffs or shirreffdeputs are hereby requyred to call the delinquents befor them without any delay And if guilty to Fyne them in double of the quota which the minister shall attest to be wanting And to cause poynd for the same Imediatly And where churches are vacant That tuo of the greatest heretors resideing within the paroch shall be appoynted by the first meeting in September next To Enquyre in the duety of pariochiners and overseers And to Informe the shirreff of there delingquencie And if any of the poor in the paroch be able to work The heretors of the paroch are hereby authorized and requyred to putt them to work according to there Capacities aither within the paroch or in any adjacent manufactorie as they shall find expedient Furnishing them alwayes with meat and cloaths And if any young children be found begging under the age of Fyfteen years Any persone who shall take the saids Children and bring them befor heretors minister and elders and cause registrat the name and designatione of the chyld in the sessione books And shall there Enact himself to educat the said chyld aither for trade or work And take ane extract of the act from the Clerk of the sessione The said chyld shall be obleidged to serve the said persone so educateing him for meat and cloathes untill he pass the threttieth year of his age And all manufactories are declared to have the same priviledge as to the educatione of such young ones And this to extend not only to the Children of beggars Bot also to poor children whose parents are dead or with consent of the parents If they be alyve And if any young ones above Fyfteen years of age shall voluntarly engadge themselves upon the Like Conditione The same method is to be extended to them in everie point And if any of the young ones so educated shall disobey there maister when reasonably Imployed There Maisters are hereby warranded to Correct them2 as they Judge Convenient Lyfe and torture exceted And if any persone harbor or resett any such3 servant belonging to any other They shall returne them to there Maister on demand under the paine of Ane Hundreth merks toties quoties as oft as they shall be4 requyred5 so to doe And If any Maister shall exact any Inhumane or too rigid service from any such servant The shirreffs or Justices of peace upon applicatione by the servants are to Judge in the case And if the severitie so deserve The servant may be Loosed from such a maister The servant or some for him payeing the maiser alse much yearly as the fee of servants of that quality would extend to each year in the number of years wanting to the thirtieth year of the servants age And the heretors meeting on the dayes appointed or major pairt of them are hereby authorized and requyred to Conclude and determine matters for that half year And to the end that all the poor may be returned to there oune paroches and the natione freed of vagabonds wee strictly requyre and Comand all the beggars within this Kingdome furthwith to repair to there severall paroches with all diligence And to keep the ordinarie highwayes to the same And so soon as they come to there paroch To present themselves to the heretors and elders that there names may be Listed amongst the poor of the paroch and they Lodged and entertained accordingly with certificatione to all who shall be found begging without the bounds of there paroch after the said second tuesday of September next, They shall be seized as vagabonds Imprisoned and Fedd on bread and water for a moneth or till they be sent home to there paroch in maner aftermentioned And if they be found vageing a second tyme They are to be marked with ane Iron on the face And all the Leedges are hereby prohibited to give any almes to such vagabond beggars other then bread and water allenarlie after the said second tuesday of september next untill they arryve at there oune paroches And to the end that our will hereanent may be the more speediely made practicable wee strictly Comand and charge all our Leedges within this our ancient Kingdome to apprehend such beggars as they shall find vageing without there oune paroch after the second tuesday of september And furthwith to carry them to the principall heretor of the paroch where they are apprehended If it be in Landward and to one of the Bailzies in Tounes who shall examine6 the Beggar in the shyre and paroch where he wes borne And shall direct him furth with to the nearest paroch that Lyes in the road to the paroch of his birth And delyver him to the nearest heretor that Lyes in that high way in the next paroch and so furth from paroch to paroch in the same road untill they arryve at the paroch of there nativitie who shall then List Him and Entertaine him amongst there poor And the heretors to whom the vagabonds are delyvered are hereby authorized and requyred to send tuo fenciblemen of there paroch to Convoy everie beggar to the heretor of the next paroch And to send a note of the beggars name and the paroch where he wes borne which is to be delyvered to the next heretor who receaves him and everie heretor who receaves him is to returne signed of his recept and so furth from heretor to heretor in every severall paroch And if any of the saids beggars shall offer to make there escape in there transportatione The beggar so doeing shall be scourged and fedd on bread and water dureing the rest of his Journey And who ever gives almes to any beggar not in there paroch after the said second tuesday of September And shall not seize him In order to his transportatione as said is Shall be fyned in tuenty shillings scotts toties quoties to be uplifted by the overseers and applyed to the use of the poor of the paroch And if the heretor To whom the vagabond shall be brought faill in his duetie of sending him He shall be fyned in tuenty pounds scotts toties quoties to be applyed as said is And If any Fencibleman sent to Convoy refuse or faill in his duety he is to be fyned in tuo merks scotts toties quoties to be applyed as said is And the saids fenciblemen are to be chosen by turnes in the saids pariochines And whereas by the Eighteint act of the third sessione of the second parliament of King Charles the second Correction houses are appointed to be erected in severall burghes thereinmentioned for Imployeing of poor people in work as they are Capable which have been hitherto too much neglected (untill the Lesser burghes be able to performe what is there requyred Least so good a designe should totallie faill) wee hereby strictly requyre our burghes of Edinburgh Stirling Dundee Aberdeen Innerness Glasgow Jedburgh Dumfreiss and Couper of Fyff or such of them as have not alreadie established Correctione houses In maner and to the ends prescryved by the said act To erect and establish such houses and to receave such poor for work therein as shall be sent to them from any paroch In maner and on the conditiones prescryved by that act And this butt prejudice of erecting of Correctione houses in other burghes therein mentioned with all Conveniencie Our Will is Herefore And wee Charge yow strictly and Comand that incontinent these our Letters seen ye pass to the mercat croce of Edinburgh and to the mercat cross of the wholl heid burghes of the severall shyres of this kingdome And there in our name and authoritie be open proclamation make publicatione of the premises that [none] may pretend Ignorance And ordaines these presents to be printed Given under our signet at Edinburgh the Eleaventh day of August and of our reigne the fourth year Jaj vjc nyntie tuo years Sic subscribitur Tweeddale Cancel Melvill privy seal Queensberrie Drumlangrig Linlithgow Strathmore Forfar Kintore Breadalbain Tarbat Raith Cardross Carmichaell

At Edinburgh 11 August 1692 (pm)

A1692/8/461

Proclamation

Proclamation concerning beggars

The following proclamation being read, voted, and approved, was ordered to be recored, 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. Whereas several good laws have been made by our royal predecessors for maintaining the poor and relieving the lieges of the burden of vagabonds, in prosecution whereof we hereby require the heritors, minister, and elders of every parish to meet on the second Tuesday of September next at their parish church, and there to make lists of all the poor within their church, and to cast up the quota of what may maintain them according to their respective needs And to cast the said quota, the one half upon the heritors and the other half upon the householders of the parish. And to collect the same in the beginning of every week, month, or quarter as they shall judge most fit. And to appoint two overseers yearly to collect and distribute the said maintenance to the poor according to their several needs. And likewise to appoint an officer to serve under the said overseers for inbringing of the maintenance, and for expelling stranger vagabonds from the parish, whose fee is to be stented on the parish, as the rest of the maintenance for the poor is stented. And such poor as are not provided of houses for themselves or by their friends, the heritors are to provoide them with houses on the expenses of the parish in manner forrsaid. And if any parish shall fail in providing sufficiently for their own poor, the parish so failing shall pay the sum of two hundred pounds Scots, to be uplifted a third part to the pursuer and two parts to be applied towards the maintenance of the poor of the said parish, and that monthly as often as they shall fail in their duty. And if there be any mortifications already, or if any hereafter shall accrue to any parish, the same shall be applied by the advice of the heritors and elders to the use foresaid, but without diminution of the stock of the said mortifications. And the heritors and elders are hereby appointed to have a second meeting at the said parish kirks this year on the second Tuesday of October next for a more exact settling of this matter, and yearly thereafter the heritors, minister, and elders of every parish are to meet on the first Tuesday of February and the first Tuesday of August yearly to consult and determine therein as shall be thought fit for every ensuing half year, and to appoint overseers by the year or half year as they shall conclude. And all the ministers are hereby required to give timeous information to the sheriff of the shire if any parish shall fail in performance of this Christian duty in whole or in part. And the sheriffs or sheriffdoms are hereby required to call the delinquents before them without any delay, and if guilty to fine them in double of the quota which the minister shall attest to be wanting, and to cause poind for the same immediatly. And where churches are vacant, that two of the greatest heritors residing within the parish shall be appointed by the first meeting in September next to inquire in the duty of parishioners and overseers, and to inform the sheriff of their delinquancies. And if any of the poor in the parish be able to work, the heritors of the parish are hereby authorised and required to put them to work according to their capacities, either within the parish, or in any adjacent manufactory as they shall find expedient, furnishing them always with meat and clothes. And if any young children be found begging under the age of fifteen years, any person who shall take the said children and bring them before heritors, minister, and elders, and cause register the name and designation of the child in the session books, and shall there enact himself to educate the said child, either for trade or work. and take an extract of the act from the clerk of the session, the said child shall be obliged to serve the said person so educating him for meat and clothes until he pass the thirteenth year of his age. And all manufactories are declared to have the same privilege as to the education of such young ones. And this to extend not only to the children of beggars, but also to poor children whose parents are dead, or with consent of the parents if they be alive. And if any young ones above fifteen years of age shall voluntarily engage themselves upon the like condition, the same method is to be extended to them in every point. And if any of the young ones so educated shall disobey there master when reasonably employed, their masters are hereby warranted to correct them as they judge convenient, life and torture excepted. And if any person harbour or reset any such servant belonging to any other, they shall return them to their master on demand under the pain of one hundred merks each time as often as they shall be required so to do. And if any master shall exact any inhumane or too rigid service from any such servant, the sheriffs or justices of peace, upon application by the servants, are to judge in the case, and if the severity so deserve, the servant may be loosed from such a master, the servant or some[one] for him paying the master as much yearly as the fee of servants of that quality would extend to each year in the number of years wanting to the thirtieth year of the servant’s age. And the heritors meeting on the days appointed or major part of them are hereby authorised and required to conclude and determine matters for that half year. And to the end that all the poor may be returned to their own parishes and the nation freed of vagabonds, we strictly require and command all the beggars within this kingdom forthwith to repair to their several parishes with all diligence, and to keep the ordinary highways to the same. And so soon as they come to their parish. to present themselves to the heritors and elders that their names may be listed amongst the poor of the parish, and they lodged and entertained accordingly, with certification to all who shall be found begging without the bounds of their parish after the said second Tuesday of September next, they shall be seized as vagabonds, imprisoned, and fed on bread and water for a month or until they be sent home to their parish in manner after mentioned. And if they be found begging a second time, they are to be marked with an iron on the face. And all the lieges are hereby prohibited to give any alms to such vagabond beggars other then bread and water only after the said second Tuesday of September next until they arrive at their own parishes. And to the end that our will herein may be the more speedily made practicable, we strictly command and charge all our lieges within this our ancient kingdom to apprehend such beggars as they shall find begging without their own parish after the second Tuesday of September, and forthwith to carry them to the principal heritor of the parish where they are apprehended if it be in landward, and to one of the bailies in towns, who shall examine the beggar in the shire and parish where he was borne, and shall direct him forthwith to the nearest parish that lies in the road to the parish of his birth, and deliver him to the nearest heritor that lies in that highway in the next parish, and so forth from parish to parish in the same road until they arrive at the parish of their nativity, who shall then list him and entertain him amongst their poor. And the heritors to whom the vagabonds are delivered are hereby authorised and required to send two fencible men of their parish to convey every beggar to the heritor of the next parish, and to send a note of the beggar’s name and the parish where he was born, which is to be delivered to the next heritor who receives him, and every heritor who receives him is to return signed of his receipt, and so forth from heritor to heritor in every several parish. And if any of the said beggars shall offer to make their escape in their transportation, the beggar so doing shall be scourged and fed on bread and water during the rest of his journey. And whoever gives alms to any beggar not in their parish after the said second Tuesday of September, and shall not seize him in order to his transportation as said is, shall be fined in twenty shillings Scots on each occasion, to be uplifted by the overseers and applied to the use of the poor of the parish. And if the heritor to whom the vagabond shall be brought fails in his duty of sending him, he shall be fined in twenty pounds Scots on each occasion, to be applied as said is. And If any fencible men sent to convey refuse or fail in his duty, he is to be fined in two merks Scots on each occasion, to be applied as said is. And the said fencible men are to be chosen by turns in the said parishes. And whereas by the eighteenth act of the third session of the second parliament of King Charles II, correction houses are appointed to be erected in several burghs therein mentioned for employing of poor people in work as they are capable, which have been hitherto too much neglected (until the lesser burghs be able to perform what is therein required lest so good a design should totally fail), we hereby strictly require our burghs of Edinburgh, Stirling, Dundee, Aberdeen, Inverness, Glasgow, Jedburgh, Dumfries, and Cupar of Fife, or such of them as have not already established correction houses in manner and to the ends prescribed by the said act, to erect and establish such houses and to receive such poor for work therein as shall be sent to them from any parish in manner and on the conditions prescribed by that act. And this but prejudice of erecting of correction houses in other burghs therein mentioned with all convenience. Our will is therefore and we charge yow strictly and command that immediately these our letters [are] seen you pass to the mercat cross of Edinburgh and to the mercat cross of the whole head burghs of the several shires of this kingdom, and there in our name and authority by open proclamation make publication of the premises that [none] may pretend ignorance. And ordain these presents to be printed. Given under our signet at Edinburgh 11 August, and of our reign the fourth year 1692. Sic subscribitur Tweeddale Cancel; Melville privy seal; Queensberr; Drumlanrig; Linlithgow; Strathmore; Forfar; Kintore; Breadalbane; Tarbat; Raith; Cardross; Carmichael.

1. PC1/48, 377-80.

1. PC1/48, 377-80.

2. Inserted above the line.

3. The word ‘persones’ **scored out here.**

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

5. Inserted above the line.

6. The word ‘apprehend’ scored out here and ‘examine’ added above the line.

Proclamation, 11 August 1692 (pm), Edinburgh

Posted on by

Att Edinburgh the Eleaventh of August Jaj vjc nyntie tuo years Post Meridiem

A1692/8/451

Proclamation

Proclamation anent2 observing the steeple port at Camphire

The Proclamation after insert being read votted and approven wes ordered to be recorded whereof the tenor follows William and Mary be the Grace of God King and Queen of Great Brittaine3 France and Ireland defenders of the Faith To […] macers of our privie Councill messengers at armes our shirreffs in that pairt Conjuctlie and severallie speciallie Consitute Greeting Forasmuch as by many ancient Contracts past betuixt the Royall of this our ancient Kingdome and the toun of Camphire in Zeeland and which have been approved by the Kings our predicessors The wholl trade and Comerce as to the staple Comodityes exported from this our ancient Kingdome to the seventeen provinces of the Netherlands hes been setled and Established at the said toun of Camphire as being found by experience the fittest place for the scotts staple And there being in the former of our Royall predicessors many proclamationes Issued furth Requyreing all our subjects travelling to the seventein provinces of the Netherlands to export all staple goods and Comodities to the said staple port and to no other port nor place And ordaining the Lawes and acts of parliament and acts of Conventione of the Royall burghes to be putt to due and vigorous executione for the full observance of the same And wee being Informed that the staple4 trade of this Kingdome hath been altogether diverted from the said staple port at Camphire And Carryed to Rotterdame and other places in the Netherlands To the great prejudice and discouradgement of trade And contrair to the former agreement with Camphire From pretences That the said toun of Camphire nether could nor would furnish sufficient Convoyes for Convayeing the said ships both outward and Inward bound From and to the said port now in the tyme of warr And now It being Certifyed to us that the magistrats of the toun of Camphire Hes Engadged to the Royall Burroughs That They will furnish sufficient Convoyes for Secureing of the trade Betuixt that port and the Firth and Road of Leith tuyce in the year viz Againest the midle of September and the midle of march yearly Coneveeing from the midle off September next And wee being fully resolved that all the standing Lawes and acts off parliament and acts of conventione of our Royall burghes be put to full and vigorous executione for the more due observance of the said staple port for the future Doe therefore with advyce of the Lords of our privie Councill Hereby requyre all our subjects to give all due and exact obedience to the forsaid acts made for the observing of the staple port Dischargeing all merchands and skippers or any others our subjects to export furth of this our Kingdome any goods or Commodityes that are or shall be declared to be staple Commodityes to any other port or place in the Netherlands But only to the said staple port and toun of Camphire in Zeeland under the paines and Certificationes mentioned in the saids acts of parliament and acts of the Conventione of burroughs which paines and penaltyes wee ordaine to be exacted from the transgressours with all rigor and that they be further proceeded againest as our Councill shall Find cause And Further wee with advyce forsaid doe hereby requyre the generall fermers tacksmen or Collectors of our Customes and there subcollectors, surveyers for the tyme being That they make exact search and tryall of all staple goods and Comodityes that shall be hereafter transported forth of this Kingdome to any port of the seventein provinces of the Netherlands and take sufficient security from the merchands or skippers transporters thereof That they shall transport the same to the said staple port at Camphire And that no other place nor port within the said seventeen provinces And that they shall not break bulk befor there arryveall thereat Conforme to the acts of parliament obleidgeing the said exporters to report Certificats from the Conservator or his deputts at Camphire Bearing that the said staple Comodityes were Livered thereat without breaking bulk And wee doe ordaine the saids testificats to be delyvered in quarterly by the Collectors at the severall ports or the Agent of our Royall Burroughs for the tyme To the end Exact diligence may be done by him againest all the transgressors of the said staple Conforme to the saids acts Our Will is Herefore And wee charge yow straitly and Comand That Incontinent these our Letters seen ye pass to the mercat cross of Edinburgh And wholl remanent Royall burghes of this Kingdome and at other places needfull And thereat In our name and authority be open proclamatione make publicatione of the premises To the effect our Royall Burroughs and all5 merchands and others persones may have tymous notice hereof and give due and punctuall obedience thereto as they will be ansuerable at there outmost perrill The which to doe wee Comitt to yow Conjunctlie and severallie our full power be these our Letters delyvering them be yow duely execute and Indorsate again to the bearer and ordaines these presents to be printed Given under our signet att Edinburgh the Eleaventh day of August and of our reigne the Fourth year Jaj vjc and nyntie tuo years Sic subscribitur Tweeddale cancel: Melvill Queensberry Drumlangrig Linlithgow Strathmore Raith Cardross Carmichaell Polwarth Archibald Murray

At Edinburgh 11 August 1692 (pm)

A1692/8/451

Proclamation

Proclamation concerning observing the stample port at Campveere

The proclamation after inserted being read, voted, and approved was ordered to be recorded, whereof the tenor follows:
William and Mary, be 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 by many ancient contracts past between the royal [burghs] of this our ancient kingdom and the town of Campveere in Zeeland, and which have been approved by the kings our predecessors, the whole trade and commerce as to the staple commodities exported from this our ancient kingdom to the seventeen provinces of the Netherlands has been settled and established at the said town of Campveere as being found by experience the fittest place for the Scots staple. And there being in the former of our royal predecessors many proclamations issued forth requiring all our subjects travelling to the seventeen provinces of the Netherlands to export all staple goods and commodities to the said staple port and to no other port nor place, and ordaining the laws and acts of parliament and acts of [the] convention of the royal burghs to be put to due and vigorous execution for the full observance of the same, and we being informed that the staple trade of this kingdom has been altogether diverted from the said staple port at Campveere and carried to Rotterdam and other places in the Netherlands, to the great prejudice and discouragement of trade and contrary to the former agreement with Campveere, from pretences that the said town of Campveere neither could nor would furnish sufficient convoys for conveying the said ships both outward and inward bound from and to the said port now in the time of war, and now it being certified to us that the magistrates of the town of Campveere have engaged to the royal burghs that they will furnish sufficient convoys for securing of the trade between that port and the Firth and Road of Leith twice in the year viz against the middle of September and the middle of March yearly, commencing from the middle off September next. And we being fully resolved that all the standing laws and acts off parliament and acts of [the] convention of our royal burghs be put to full and vigorous execution for the more due observance of the said staple port for the future, do therefore with advice of the lords of our privy council hereby require all our subjects to give all due and exact obedience to the foresaid acts made for the observing of the staple port, discharging all merchants and skippers, or any others our subjects, to export forth of this our kingdom any goods or commodities that are or shall be declared to be staple commodities to any other port or place in the Netherlands, but only to the said staple port and town of Campveere in Zeeland, under the paine and certifications mentioned in the said acts of parliament and acts of the convention of burghs, which pains and penalties we ordain to be exacted from the transgressors with all rigour, and that they be further proceeded against as our council shall find cause. And further we, with advice foresaid, do hereby require the general fermers, tacksmen, or collectors of our customs and their sub-collectors, surveyors for the time being, that they make exact search and trial of all staple goods and commodities that shall be hereafter transported forth of this kingdom to any port of the seventeen provinces of the Netherlands, and take sufficient security from the merchants or skippers, transporters thereof, that they shall transport the same to the said staple port at Campveere, and [to] no other place nor port within the said seventeen provinces, and that they shall not break bulk before their arrival thereat, conform to the acts of parliament obliging the said exporters to report certificates from the conservator or his deputies at Campveere, bearing that the said staple commodities were delivered thereat without breaking bulk. And we do ordain the said testificats to be delivered in quarterly by the collectors at the several ports or the agent of our royal burghs for the time, to the end exact diligence may be done by him against all the transgressors of the said staple, conform to the said acts. Our Will is therefore and we charge yow strictly and command that immediately these our letters [are] seen you pass to the mercat cross of Edinburgh and whole remnant royal burghs of this kingdom and at other places needful, and thereat in our name and authority by open proclamation make publication of the premises, to the effect our royal burghs and all merchants and others persons may have timeous notice hereof and give due and punctual obedience thereto as they will be answerable at their utmost peril. The which to do wee commit to you conjunctly and severally our full power by these our letters, delivering them be you duly executed and endorsed again to the bearer, and ordain these present to be printed. Given under our signet at Edinburgh 11 August and of our reign the fourth year 1692. Sic subscribitur Tweeddale cancel: Melville, Queensberry, Drumlanrig, Linlithgow, Strathmore, Raith, Cardross, Carmichael, Polwarth, Archibald Murray.

1. PC1/48, 375-7.

2. Inserted above the line.

3. Word written over the start of ‘Scotland’.

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

5. The word ‘other’ **scored out here.**

1. PC1/48, 375-7.

2. Inserted above the line.

3. Word written over the start of ‘Scotland’.

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

5. The word ‘other’ **scored out here.**

Act, 11 August 1692 (pm), Edinburgh

Posted on by

Att Edinburgh the Eleaventh of August Jaj vjc nyntie tuo years Post Meridiem

A1692/8/441

Act

Act for a voluntar Collection for releiving James Anderson from the turks

Anent the petitione given in to the Lords of there majesties privie Councill be Margaret Rae spouse to James Anderson sometyme Mariner in Rotterdame now prisoner with the Turks at Algeers Shewing That where the poor petitioner and her tuo small children being reft of there husband and father by the Cruell turks with whom he is in bondage and Slaverie (Contrair to the Christian freedome he wes borne under) As may appear both by the testificat and his oune missive produced with the said petitione And the supplicant being reduced to extream great poverty both abroad and now since her returne to her native kingdome Haveing nothing to supplie the necessitie of herself nor children but the Christian Charity of tender hearted people And knowing the Care there Lordships haveing hitherto taken not only for provydeing for such as the poor supplicants are And releeving of such slavish prisoners as her husband is But Lykewayes in Layeing doun ane Just for both Hath caused her trouble there Lordships with this necessarie and Just address And therefore Craveing that the saids Lords would be pleased to take the premises to there serious and Christian consideratione and to ordaine ane voluntar supplie to be gathered at the Kirk doores of such Churches and meeting houses and within such presbitryes as the saids Lords shall think2 expedient for mantenance of the supplicant and releeving of the prisoner And that to be done at and upon such dayes as there Lordships shall think fitt As the said petitione bears The Saids Lords of there majesties privie Councill haveing Considered this petitione given in to them be the above Margaret Rae with the testificat and missive Letter mentioned therein and produced therewith They hereby authorize and allow ane allow ane3 voluntar Collectione or Contributione to be made at the Doores of all the Churches and meeting houses within the presbitrie of Linlithgow (within which bounds the said James Andersone wes borne) And that upon the second Lords day of september next to come for mantenance to the petitioner and her tuo children And for releiving her husband from the sadd slaverie and bondage wherein he now Lyes amongst the cruell turks And nominats and appoints John Rae tennent in Lothian to be factor for uplifting collecting and Ingathering of the said Contribution In respect he hes found sufficient Cautione acted in the books of privie Councill That he shall Imploy the money so to be Collected upon the ends above appointed And that he shall hold Compt to the Lords of privie Councill for the superplus if any be And recomends to the ministers of the Churches and meeting houses within the bounds forsaids to cause make publict Intimation hereof at the saids Churches and meetinghouses upon the sabbath day Imediatly preceeding the day appointed for the said Collectione

At Edinburgh 11 August 1692 (pm)

A1692/8/441

Act

Act for a voluntary collection for relieving James Anderson from the Turks

Concerning the petition given in to the lords of their majesties’ privy council by Margaret Rae, spouse to James Anderson, sometime mariner in Rotterdam, now prisoner with the Turks at Algiers, showing that where the poor petitioner and her two small children being bereft of their husband and father by the cruel Turks, with whom he is in bondage and slavery (contrary to the Christian freedom he was born under), as may appear both by the testificat and his own missive produced with the said petition, and the supplicant being reduced to extreme great poverty both abroad and now since her return to her native kingdom, having nothing to supply the necessity of herself nor children but the Christian charity of tender-hearted people. And knowing the care their lordships have hitherto taken not only for providing for such as the poor supplicants are, and relieving of such slavish prisoners as her husband is, but likewise in laying down a just for both, hath caused her [to] trouble their lordships with this necessary and just address, and therefore craving that the said lords would be pleased to take the premises to there serious and Christian consideration and to ordain a voluntary supply to be gathered at the kirk doors of such churches and meeting houses and within such presbyteries as the said lords shall think expedient for maintenance of the supplicant and relieving of the prisoner, and that to be done at and upon such days as their lordship shall think fit, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Margaret Rae, with the testificat and missive letter mentioned therein and produced therewith, they hereby authorise and allow a voluntary collection or contribution to be made at the doors of all the churches and meeting houses within the presbytery of Linlithgow (within which bounds the said James Anderson was borne), and that upon the second Lords day of September next to come, for maintenance to the petitioner and her two children, And for relieving her husband from the sad slavery and bondage wherein he now lies amongst the cruel Turks. And nominate and appoint John Rae, tenant in Lothian, to be factor for uplifting, collecting, and ingathering of the said contribution, in respect he has found sufficient caution acted in the books of privy council that he shall employ the money so to be collected upon the ends above appointed, and that he shall hold account to the lords of privy council for the surplus if any be. And recommend to the ministers of the churches and meeting houses within the bounds foresaid to cause make public intimation hereof at the said churches and meeting houses upon the sabbath day immediately preceding the day appointed for the said collection.

1. PC1/48, 374-5.

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

3. Sic.

1. PC1/48, 374-5.

Act, 11 August 1692 (pm), Edinburgh

Posted on by

Att Edinburgh the Eleaventh of August Jaj vjc nyntie tuo years Post Meridiem

A1692/8/431

Act

Liberation William Smith

Anent the petitione Given in to the Lords of there Majesties privie Councill be William Smith prisoner in the tolbooth of Edinburgh Shewing That the petitioner with his ship being designed for London wes by contrarie winds forced in to Dumbar where he and some other passengers with him were apprehended and brought to Edinburgh And the petitioner being comitted to closs prisone hes Lyen there this fourtnight bygone in a verie sadd conditione Being sometymes dangerously Indisposed by a pleurisie And haveing nothing to Live upon but the charitie of strangers And therefore Craveing that the saids Lords would be pleased aither to set the petitioner at Liberty or to give him the benefite of open prisone and to grant a subsistance for him to Live upon for preventing of the petitioners starveing And to grant a pass for his wyfe to goe home to her familie and children As the said petitione bears The Saids Lords of there Majesties privie Councill Haveing Considered this petition Given in to them be the within William Smith They hereby Give order and warrand to the magistrats of Edinburgh and keeper of there tolbooth to set the petitioner at Libertie furth thereoff and appoints the magistrats of Dumbar or any others who have seized upon or Carryed away any of the rigging furtniture or provisions of the petitioners ship or any thing else belonging to him to restore and delyver back the same

At Edinburgh 11 August 1692 (pm)

A1692/8/431

Act

Liberation William Smith

Concerning the petition given in to the lords of their majesties’ privy council by William Smith, prisoner in the tolbooth of Edinburgh, showing that the petitioner, with his ship, being designed for London, was by contrary winds forced in to Dunbar, where he and some other passengers with him were apprehended and brought to Edinburgh. And the petitioner being committed to close prison has lain there this fortnight bygone in a very sad condition, being sometimes dangerously indisposed by a pleurisy, and having nothing to live upon but the charity of strangers. And therefore craving that the said lords would be pleased either to set the petitioner at liberty, or to give him the benefit of open prison, and to grant a subsistence for him to live upon for preventing of the petitioner’s starving. And to grant a pass for his wife to go home to her family and children, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the within William Smith, they hereby give order and warrant to the magistrates of Edinburgh and keeper of their tolbooth to set the petitioner at liberty forth thereof, and appoint the magistrates of Dunbar or any others who have seized upon or carried away any of the rigging, furniture, or provisions of the petitioner’s ship, or any thing else belonging to him, to restore and deliver back the same.

1. PC1/48, 373-4.

1. PC1/48, 373-4.

Act, 11 August 1692 (pm), Edinburgh

Posted on by

Att Edinburgh the Eleaventh of August Jaj vjc nyntie tuo years Post Meridiem

A1692/8/421

Act

Act Mr John Gibsone for Stipend

Anent the petitione Given in to the Lords of there Majesties privie Councill be Mr John Gibsone Late parsone of Oldhamstocks Shewing That where the petitioner is ane old Infirme and dyeing man And by reasone of his Long sickness And greatnes of his family and Children The petitioner is reduced to great straitts and necessities And sieing the paroch kirk of Oldhamstocks hes these tuo years by past being vacant And that the saids Lords are in use to bestow such vacancies upon pious uses And Lykewayes that the petitioner his noble patrone The Lord high Chancellour does Consent that the saids Lords bestow the vacant stipends of the said paroch of Oldhamstocks for the year Jaj vjc and nyntie one and this present year Jaj vjc nyntie tuo on the petitioner for releiff of him and his numerous familie who are reduced to great straitts And therefore Craveing to the effect under wreitten As the said petitione bears The Saids Lords of there majesties privie Councill haveing considered this petitione given in to them be the above Mr John Gibsone late parsone of Oldhamstocks with the consent of the patrone produced therewith They allow the petitioner the stipend of the above kirk of Oldhamstocks for the years Jaj vjc nyntie one and Jaj vjc and nyntie tuo years and ordaines him to be readiely ansuered obeyed and payed thereof be the heretors fewers Lyfrents titulars tacksmen of teynds tennents possessors and others Lyable in payment of the samen And ordaines Letters of horning to be direct at his instance againest them for that effect upon production of a decreet of Locality And in case there be none ordaines these Lyable to make payment of there respective proportiones according as the samen shall be decerned be the Judge ordinarie In respect the petitioner hes sworne and signed the oath of alleadgeance and subscryved the assureance to there Majestyes King William and Queen Mary appointed be act of parliament In presence of ane Councillour

At Edinburgh 11 August 1692 (pm)

A1692/8/421

Act

Act Mr John Gibson for stipend

Concerning the petition given in to the lords of their majesties’ privy council by Mr John Gibson, late parson of Oldhamstocks, showing that where the petitioner is an old infirm and dying man, and by reason of his long sickness, and greatness of his family and children, the petitioner is reduced to great straits and necessities. And seeing the parish kirk of Oldhamstocks has these two years by past been vacant, and that the said lords are in use to bestow such vacancies upon pious uses, and likewise that the petitioner his noble patron, [John Hay, earl of Tweeddale) the lord high chancellor, does consent that the said lords bestow the vacant stipends of the said parish of Oldhamstocks for the year 1691 and this present year 1692 on the petitioner for relief of him and his numerous family, who are reduced to great straits, and therefore craving to the effect underwritten, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Mr John Gibson, late parson of Oldhamstocks, with the consent of the patron produced therewith, they allow the petitioner the stipend of the above kirk of Oldhamstocks for the years 1691 and 1692, and ordain him to be readily answered, obeyed, and paid thereof by the heritors, feuers, liferenters, titulars, tacksmen of teinds, tenants, possessors, and others liable in payment of the same. And ordain letters of horning to be directed at his instance against them for that effect upon production of a decreet of locality. And in case there be none, ordain those liable to make payment of their respective proportions according as the same shall be discerned be the judge ordinary, in respect the petitioner has sworn and signed the oath of allegiance and subscribed the assurance to their majesties King William and Queen Mary appointed be act of parliament in [the] presence of a counciller.

1. PC1/48, 372-3.

1. PC1/48, 372-3.

Act, 11 August 1692 (pm), Edinburgh

Posted on by

Att Edinburgh the Eleaventh of August Jaj vjc nyntie tuo years Post Meridiem

A1692/8/411

Act

Liberatione Lowis of Merchistoun

Anent the petitione Given in to the Lords of there majesties privie Councill be Mr James Lowis of Merchistoun Shewing That the petitioner is and hes been prisoner these Fyve weeks bygone by the saids Lords there order for not takeing the oathes in the tolbooth of Dalkeith And that his health is greatly Impaired by his restraint And that he sleeps not in the night and is troubled with flyeing paines over his bodie Whereunto he wes not subject befor And considering the repletion of his bodie his dispositione to the scurvie The squalor of the prisone The want of good air and the due exercise of his bodie threatten much his health If he be not releassed from prisone for a tyme That he may take phisick and keep and phisicall dyett all which are certifyed by Doctor Sybbald and James Broun apothecary in Edinburgh upon there sinceritie conforme to the Certificat produced As Lykewayes by the petitioners restraint his effairs are greatly prejudged The petitioner haveing Left severall busines of considerable Import in great dissorder by his unexpected Imprisonement And therefore Craveing to the effect underwritten As the said petitione bears The Saids Lords of there majestyes privie Councill haveing considered this petitione given in to them be the above Mr James Lewis of Merchistoun with the testificat be the Doctor and apothecarie mentioned therein (Bearing upon oath and Conscience) of the petitioners Indispositione They hereby give order and warrand to the Magistrats or Bailzies of Dalkeith and keeper of there tolbooth To sett at Liberty the said Mr James Lowis furth thereof He first Finding sufficient Cautione acted in the books off privie Councill That he shall Live peaceablie and with all submission to the government under there majestyes King William and Queen Mary And that he shall not consult nor Contryve any thing in prejudice thereof nor Converse or Correspond with any rebells And that he shall appear befor the saids Lords of there majesties privie Councill upon2 the First Councill day in September next under the penalty of Ane Hundreth pound Sterling In case he shall transgress in any pairt of the premises

At Edinburgh 11 August 1692 (pm)

A1692/8/411

Act

Liberation Lowis of Merchiston

Concerning the petition given in to the lords of their majesties’ privy council by Mr James Lowis of Merchiston showing that the petitioner is and has been prisoner these five weeks bygone by the said lords their order for not taking the oaths in the tolbooth of Dalkeith, and that his health is greatly impaired by his restraint, and that he sleeps not in the night and is troubled with flying pains over his body, to which he was not subject before. And considering the repletion of his body, his disposition to the scurvy, the squalor of the prison, the want of good air and the due exercise of his body threaten much his health if he be not released from prison for a time that he may take physic and keep and physical diet, all which are certified by Doctor Sibbald and James Brown, apothecary in Edinburgh, upon their sincerity, conform to the certificate produced. As likewise, by the petitioner’s restraint his affairs are greatly prejudged, the petitioner having left several [items of] business of considerable import in great disorder by his unexpected imprisonment. And therefore craving to the effect underwritten, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Mr James Lewis of Merchiston, with the testificat be the doctor and apothecary mentioned therein (bearing upon oath and conscience) of the petitioner’s indisposition, they hereby give order and warrant to the magistrates or bailies of Dalkeith and keeper of their tolbooth to set at liberty the said Mr James Lowis forth thereof, he first finding sufficient caution acted in the books of privy council that he shall live peaceably and with all submission to the government under their majesties King William and Queen Mary, and that he shall not consult nor contrive anything in prejudice thereof, nor converse or correspond with any rebels. And that he shall appear before the said lords of their majesties’ privy council upon the first council day in September next, under the penalty of one hundred pounds Sterling in case he shall transgress in any part of the premises.

1. PC1/48, 372.

2. A scored out, illegible word appears here.

1. PC1/48, 372.