Decreet, 11 January 1694, Edinburgh

Edinburgh the Eleventh day of January Jaj vjc nyntie four years

D1694/1/91

Decreet

Decreet The Lady Cramond against Mr Thomas Blackwall

Anent the Lybell pursued at the instance of Dame Anna Hewstoune relict of Sir James Inglis of Cramond and Sir James Stewart ther majesties advocat for their highnes intrest in the matter underwritten Makeing Mentione by the Common law the lawe of all weell governed nationes and particularly by the lawes and practiq of this kingdome the defamatione of the leidges by reproaching them with untrue scandalls and Calumnies to the takeing away for their good name and exposeing them therby to the contempt and Scorne of their nighbours is a great and hyhneous offence for qhich the offenders are severly punishable and far more when the Defamatione proceeds not from passopme or inadvertancie But from a Concealled malice And premeditate deliveratione and when the defamer is at the paines to wryt the same in Rhyme therby to make his malice the more lasting and more acceptable to the readers which is punishable with infamie and is greatly aggrevate when the Scandalls are repated and Contained in a great number of Lynes and when accompanied with this Circumstance that it is done without any pretended provocatione to the offender and when done against persones of qualitie and more Especially against Ladies whose fame and reputation is tender And alse dear to them as their life, And Which defamatione and infameous Lybell is yet more agrevate and more severly punishable in a persone pretending to the studie of Theologie and aiming at the holy office of the ministrie when the Scandellous Lybell is Stuffed full of Baudie Claushes and insinuationes to uncleaness when all this is accompanied with that arragance and Onsollencie of writting them with his oun hand and sending them enclosed to the partie injured and which offence by all Law merits to be censured not only by the punishment of the offender in his persone and goods Bot also by Declareing him infameouse and uncapable to bear office within the kingdome or so much as be a witnes in or out of Judgment Nevertheless It is of veritie that Mr Thomas Blaickwell student of Theology being serveing at Barntoune as Chaplaine ther for the time Did in the moneth of January February or March Jaj vjc nyntie tuo years or one or other of the dayes of one or other of the saids moneths without any pretended esence or provocatione from the pursuer writ a most infameous and long Lybell full of reflectione against her and her familly Wherof the tenor Followes, The Humble Advyse of a weell wisher to all Dammies direct in particular to Mr James Garshore for present in my Ladie Cramonds familly.
Sir
If yow are one that councelled can be
And will take warning loveing to forsee.
The incontenancies that doe threat’n yow now
Since to my Lady Cramond yow must bow
Come hearken and I by ane Impartiall pen
will unto yow writ over some of them.
But I must stopt sure I’m informed arrise
that into Cramond there a Chaplain is…
Quherto Quherto2 into Cramond no sure it cann’t be
That ever ther a Chaplaine wee shall see
what Caplaine e’re will ener wilfullie
The place appointed for their drugerie
In Cramond no it never shall be heard
That e’re a Chapland is turned quite so mad
As wilfully downright to turne a Slave
And when has done, turne out of doors yow Knave
3 assure your self its true I saw him there
Weill if he be Ile ask him whence or where
are yow sir4 come of sale from the turks Gallies?
Or did yow blow at some great furnicebellies
Or did yow toile at some deep Coall pitwork
which made yow blow and spitt and host a snoart
Or were yow in some Collodge the drudge boy
who piss and dirt to Dunghill did Convoy
I Cannot tell what satione to invent.
but sure yow have been in some great terment
That yow for ease are forced for to flee
into the Chaplains Complait purgatrorie (viz. Cramond)
yea tho before yow wrought all day in myre
ye’re now out of the pan into the fire
what e’re yow were assure your self of this
be what ye’re now, ye were in parradise
And that what ever your statione was before
yow did injoy as farr contentment more
Then now yow shall enjoy poor Slave poor sott
who did ingadge yow to this greivious lott
But now Sir yow will ask how doe I know
That yow will so much hardship under goe
I answer sir if yow will give attentione
I of your lott will gie a Short Disceiptione
and now and then a Councell I will give
Which pray observe if yow think there to live
In the first place now since yow are come there
Its very like at first the’le cary very fair
Untill they have toucht yow on every String
and when you’re tuned they will begin a spring.
My Lady is exceeding good at Catch
and in all thing exceeding hard to Match
Especially when prayer yow performe
Other bewarr that nonsense ther be non
My Lady is a good sismale divine
her tongue amongst her sex makes her to shine
Sir ye must know my ladie is weell read.
and hath good femal notiones in her head
of severall things anent divinity
and can express the same most derectly
In femal termes which termes the spoke by guiss
yet yow must pardon She’s ther patroness
Now Sir your great deficulty will Ly
To keep her termes in prayer Constantly
Which if yow doe not yee will her incense
and Cause her tell yow, yow spoke great nonsense
By all means Therfore Sir her femel termes
Observe most strictly at all times
for by this means yow shall not troubled be
when prayers done the sense to signifie
Observe her termes or else yow pray in vaine
5 When prayers done your termes yow must explaine
Ane other thing by all means sic observe
as long as in that family yow serve
Be Sure in pray’r that yow pray for non
of all the Blissing of the brest or womb
My Lady hath of them yow see full store
your famel pupils Sir she needs no more
And tho she doe make strangers very welcome
yet yow must know such widdowes give off seldome
Mistake not therfor sir her in this thing
for tho to all Shee’s Curteous and kind
Yett She to mary nowayes does inclyve
Except a good Match put it in her mynd
But if yow Say I quite mistake your aime
and that in prayer though yow non doe name
Who can that be? is that your Ladies sister
O Is it so? I beg your pardon Sir
I did not know you did mean her
But grant yow did its sinfull pollicie
To Court by prayer wher is your modestie
Especially when Companies before
O fy for shame let’s never hear it more
Nixt for your intertainment of each kynd
I breifly this6 7 shall put yow sir in mynd
First for your Chamber it shall be weell hung
with good white washing it’s a statly roome
your Roome is weell contrived sir therfor
your Closs stooll shall salute yow at the door
your roome indeed each morne shall be drest up
if that the servants have no other work.
your bed shall be with brave strip Curtins drest
and all that be convenient for rest
but with this small inconveniencie
They Chance may smell of grave antiquity
Your Linins Sir may Chance to Claw your back
and for the Colour turne a good gray black.
But if yow have the itch they are the best
for unclean birds may be in any nest
Nixt for your Coall and Candle winter Comes
and will bring with it sharp end Caldrise stormes
as for your Candle, yee may such expect
as will be ready your hair on fire to sett
I doe not mean because of their great flame
But yow most sitt so near unto the same
and when your reading book weell that ye be not
into your Dancle any wasting mote
For if your Candle yow doe at all misspend
Att Betties hand your self yow shall not mend
As for your Coalls I would yow not advyse
till they bring up a fire near to rise
For if yow doe yow may Chance Lye so long
that for your breakfast they’le bid yow sleep on
But when by much intreaty yow have gott
a fire bewarr sir yow burne not your Coat
Draw back your Chair, or else you’l burne your leggs
Your bonfire will spark hotly throw the ribs
Your Candle and your fire will strive togither
Which of the twaine shall out shine on the other
your Candle will Cry o for more Creish
your fire will Cry of Coalls another peine
But answered they will not be at all
So into nothing both they doune must fall
In the nixt place Sir if your house be throng
yow must turne out into some bagadge roome
and doun sir with the pages yee most Lye
This is No Lie. I speak the verity
8 O plague upon that place that ever did
Lay page and Chaplain both within on bed
My pen is almost ready to spitt fire
And were it not that I doe not desyre
Further anent this subject to appear
My pen I would have turned to Launce or Speer
My pen I would in venome and in blood
have dipt, and then have lett them understood
Ther barbarous inhumane Cruilty
which they did show most undeservedly
Their harsh unjut severe behavior
to Mr R: I mean youre predecessor
Att qhich I Cannot but astonished be
For which harsh Carriadge they no pretence see
(In a parenthesis)
In all the famillies nighbouring round about
of which at present one I shall Choise out
I mean Sir Barntounes family were yow
bot into it, it’s heaven by where ye’re now
Sir George to him is instead of a father
his Lady also Caries like a mother.
They want Sir both aw and majestie
that they thus to him cary so kindlie
Bot they indeed doe want both prid and passion
which doeth at your house Cause so much vexatione
I wonder yet the more when I Consider
The dult that’s ther beside your predecesseor
A proud and sausie rogue who if but knowen
would be contemn’d by them who now him oun
He might your predecessors Schollar been
‘Mongst Dammies he never dare be seen
The reasone if I may be so plaine
Wee all him hale year wee doe him disdaine
Wee know the triks he did play in the west
Which if but know’n Sir Georg would soon him cast
A Chaplain hang him he’s weell knowen to be
ane unfite blade for that grave quality
If I a woman I would not be
My Ladies maid, No, not for a great fie.
for sire I ame I should not long be Chaste
Especially if I liv’d near his nest
I will not now further on him insist
in short he’s proud, in Schollar Craft a beast
The 9 reasone sir of this my Short digression
in giveing yow of him a short discriptione
Is for to prove your Lady in the wrong
for her harsh Carriadge unto such ane one
who did dieserte of kyndnes ten 10 times more
Then the blackhead off whom I spock before
When others with such kyndnes treat a knave
should she her honest Chaplain made a Slave
The parenthessis is11 ended)
But I’le returne to wher I was before
and will insist a litle on it more
Out of your roome when thus yow banisht be
Wher can yow goe or where Sir can yow flee
Parhaps yow’l say into your Nurserie
O place weell fitted with Conveniencie
But when yow enter it, pray hold your nose
And fast your eyes (if modest) yow must close
And Sir be sure that yow break not your shines
‘Mongst Chamber potts or some such nestie things
In the nixt place as to your Company
Of goo d(Gray) maids yow have plurality
Not on but two, (but if they be before
pray Sir Read Grave instead of (Gray) before
Now hear your great difficulty will Ly
betuixt the tuo to cary equally
Ther was not long agoe two Chaplains ther
The one did cary blunt the other fair.
The Blunt one was some what strict and preceise
The other did make of Lips and eyes.
Now if yow ask me what of all this then
Please yow the maids and yow shall see the end
Yow shall into my Lady be approven
And of respect receive many a tocken
For hade the blunt one not been so morose.
He hade not hade by half so many foes
And yet tho (Blunt) by dispute able was
to prove the other beast or simple ass
Nixt for your dyet sir I yow informe
You’l fair the better my Lady be at home
but Grant yow be (if yow a glutton are)
of Luxene She is no favorer.
Amongst her other vertues she knowes weel
how to her servants She her meal should deall
I’m short sir (Cramond) is no place of case
Unto poor Coldrise hungrie dammies
But O Observe when yow at table sitt
Conforme your self unto your Ladies witt
Confirm her sentance tho it nonsense be
and greatly praise her vast Capacity
And tell if Lawfull yow inclyne
She should be Judge in matters divine
For if you’l once doe Contradict
Either her oun or sisters witt
Especially about (platonick) Love
Or some such questiones quhich young widdows chose
assure your self you’l from ther favour fell
Yea 12 unto table they will not yow call
Therfore sitt sober and 13 ther witt admire
as if two Godesses spock in your ear
and say Madam I doe protest your right
Even tho she spoke of nonsense Sir the hight
This is the ay by which you’l happy be
Observe therfore this peice of pollicie
Another thing I had it most forgote
be sure to observe it, it’s a speciall nott
That ‘bove all thing yow studie for to gett
your pastures favor O forgett not that
For if yow Chance but one with him to thaurt
Assure your self for it you’l dearly smart
Except that yow be able for to say
yow doe not care whither yow goe or stay
For if it be so, Sir you’l be a beast
To suffer them to Crush yow in the least
O that I hade some great and vast estate
It should not be poor Dammies sad fate
Because their poor to be Disdained by all
and to be tossed like to a foot ball
Because their poor and forced to obey
Therfore by each one they’re made a pray
Because they’re poor the first word to them said
14 Is (either sir goe do this or goe begg)
I’m Confident no generous spirit can
(wher parts deserve it) e’re contain a man
Because 15 he’s16 poor but rather they will Show
more kyndnes to him because he’s Low
But since by purse I cannot now help them
I have endeavored weakly by my pen
I breiftly now thus shall appolagize
If that the readers doe me Creticize
and say my style is mean and Low
I beg your pardon I confess its so
But since my subject be but mean and base
ane old Joh trot may serve without ane pace 17
Which Lybell the Said Mr Thomas hade the Malice to writt with his oun hand to digest into such Rhyme as he was capable, and hade the Impudence to transmitt the same to the pursuer by a letter under the Counterfitt name of Mr Robert Free Tongue haveing delivered the same to Thomas Hannach Carier in Glasgow to be given to the pursuer as a letter direct to her Which Carier haveing discovered that the said Mr Thomas Blaickwall gave him that letter, The said Mr Thomas did at first deny the same with solemne protestations Bot therafter acknowledged the same to Mr John Hamilton who was minister of the place for the time By which infameous and Scandelous lybel against the pursuers frugalitie Discretione modestie and piety, The said Mr Thomas primo all allong reflects upon the pursuer for her alledged ill intertainement of her Chaplaine Calling it a drugerie and that it was madness to be her Chaplain and doune right worse then the Turks Gallies or the worst Imployments, such as the emptieing of Clossetts Blasphemeously calling all those a paradice In respect of that Statione of her Chaplaine Secundo the said infameous Lybell has other reflectiones against the pursuer saying that she is exceeding good at Catch, exceiding hard to match very Conscious of prayers scurrilously Calling her a good femel divine and that ther tongue makes her to shine amongst her sex. Tertio he most Blasphemeously sayes she expresses divinity most decently in famel termes (Because the pursuer hade caused the minister of the place admonish her former Chaplain not to use that expression of the Blissing of the breest and womb in his prayers as not being suitable for her present Case (She beeing a widdow) And then profainly Claushing upon the word termes, Whiche he writtes in great letters and marks it with a hand on the margine in baudie sense, He advises the Chaplain to advyse her termes, or Otherwayes he would pray in veine, And which profaine pitiefull Clash he is so vaine of as twice to repeat famele termes and twice to bid him observe her termes; Quarto then he with a great deall of Sausienes reflects upo the pursuer as if she were not of a modest and Chast deportment, by Saying that she make Strangers very welcome But that such widdowes goes off Seldome, and that she be Courteous and kind to all yet she will not Mary without a a18 good match. Quinto Therafter he falsely and Impiously alledges that Mr James Garshore the pursuers present Chaplaine hade prayed in the forsaid termes for the Lady Dundas who is the pursuers sister and likewayes a widdow and that he made Court to her by such prayers Wherby he not only reflects upon Dundas with ane unsupportable arrogance for lightness of tempor and meaness of spirit as if a person of her qualitie vertue and reputatione would have been Courted by her Sisters Chaplain, Bot also objects atheisme to the Chaplaine, as if by petitiones in his prayer to god allmighty he designed to make Court to a Lady Sixto Therafter the said Mr Thomas his Nonsensicall Lynes reflects upon the pursuer most Calumniously for the ill entertainment of her Chaplain in his Chamber and furnitur thereof and Coall and Candle therto and puting him sometimes to Lye with the pages, At which he falls a Cursing wishing a plague upon the place for her so doeing and in pitiefull Court wishes his pen to be turned to Lance and Spear to be diped in venome and blood for such barbarous and inhumane Cruelty And Septimo after Commending the familly he was in for the time that they wanted both prid and passion he scandelized the pursuer with both alledging that her pride and passion Caused much vexatione to the house And Octavo Then designeing by a pitiefull fetch in his Long parenthessis to conceall his being the writter of that infameous Lybell he speeks ill of himself and that he hade done tricks in the west Which if his master knew he would cast him out of this familly quherof (if he was guilty) he could not Complain of his being put away and if he like the Amillicket accused himself wrongeously and falsely he deserves not to be a Chaplaine in ane honest man’s house when he confesses his unchastity, his Ignorance his being a blockhead and a beast Nono In the nixt place after a great deall of scurrillous and nestie stuff spok of the pursuers nusserie he falleth upon the servant maids, and most falsely insinuats ther light carriadge with a grave and sobber young man Mr Patrick Home Chaplaine to the Lady Entrikine, The persewers aunt who was a youth of examplar piety and gravity and wes there very near his death when he was in the pursuers house and insinuats with most intollerable insolencies that the Chaplains Lacivious Carriadge with the persewers Servant maids, would make him approven as by the pursuer and receive many tockens of respect from her, Decimo after this he reflects upon the pursuers frugality as if she were toe parcimonious in her house and upon her descretion as a great speaker of nonsense and on that most be flattered and approven therein especially about platonnick Love or some such questions as young widdowes meteor (as he Rhymes it) as if the pursuer were guilty of unbeseeming discourse at her oun table Undecimo In the end the said Mr Thomas reflects upon Mr John Hamilton the minister of Cramond desyring the pursuers Chaplain to gett the pursuers favor Otherwayes he would smart for it, Importing thereby that the said Mr John Hamiltone (who is knowen to be a man of Mid temper) were of a proud and revengfull humure if he were not Courted Duodecime Last of all he includes his infameous Lybell with ane appologie for the meaness and Lowness of his Stile wher he flately and Scurreously calls the pursuer a mean and base Object, By Which infamous Lybell he has defamed and scandalized the pursuer with Impiety Imodestie, indiscreation pryde; passion nigardie meaness and bassness in the maner above represented by writting and publishing the said infameous Lybell, And Therfore he ought to be punished in his person and goods and Declared incapable to bear publict trust or so much as to be a witness at Supra And Anent the charge given to the said defender To have Compeired this day before the saids Lords of ther Majesties privy Councill To have answered to the grounds of the abovewritten Compleint and to have heard such order and Course taken theranent as the saids Lords should think Just As in the principall letters of Lybell raised in the said matter and executiones therof at more leanth is Contained And Sicklike Anent the petition given in to the saids Lords of privy Councill be the saids Mr Thomas Blaickwall Shewing That quher the petitioner being conveened before the saids Lords at the instance of the Lady Cramond for ane alledged scandelous Lybell written and published by the petitioner against her, The petitioner humbly conceave That it may be more for the Ladies honor and likewayes more sutable to the petitioners present Character and Circumstances That the petitioner make to the saids Lords ther previous acknowledgment That the petitioner is sensible and heartily sory for any thing of the nature of the paper Lybelled that might have Escaped the petitioner in his younger and more inconsiderat years, and to testifie to the saids Lords how readie the petitioner is to make all Just Satisfacatione to the Lady and all concerned, The petitioner most humbly intreat that the Lybell quherin the alledged defamitory paper is contained may not be publictly read, Bot that the saids Lords would rather be pleased to referr the wholl matter to a Committie of their oun number to whom the petitioner heirby Declairs himself readie to make ane ingenious confessione and acknowledgment of any accession the petitioner hade to the said wryting as also that the petitioner shall submitt to any Censure that they shall impose upon the petitioner for the Ladies Just and reasonable satisfactione, professing the mean time before the saids Lords that as to any Obscene sense of incurring that some would fix upon expressiones in these Lynes the petitioner is altogither Innocence and doe from his heard detest them; as the petitioner hopes to give the Committie to be appoynted by the saids Lords a full and satisfieing evidence as the said suplicatione at at19 more lenth bears Which Lybell being this day Called in presence of the saids Lords of privy Councill, And the pursuer Compeiring be Sir James Ogilvie and Sir Patrick Home her advocats And the defender Compeiring personally with Mr David Cunninghame and Robert Park advocats The Lybell and petition being both read, and the defender being Called to the barr acknowledged he wrot verses and sent them to the Lady Cramond, Bot alledged the verses in the lybell are not the exact Copie, and haveing seen the originall Lines he did not deny that they were his own hand writt, The Saids Lords haveing Considered the Lybell and defender petitione and acknowledgement They heirby banish the defender from the kingdome of Scotland, and ordaines him to depart furth of the same betuixt and the second day of February nixt to come and Discharges him to returne thereto without his majestie or the Councills Licence; And Ordaines him instantly to find Cautione that he shall obey the said sentance under the penaltie of thrie hundred merks scotts Or otherwayes to goe to the Tolbooth of Edinburgh and remaine prisoner therin untill he should find Cautione which Cautione the defender did Imediatly find, And ordaines letters of horning on fiftein dayes and others needfull to be diret hereon in forme as effeirs

Edinburgh the Eleventh day of January Jaj vjc nyntie four years

D1694/1/91

Decreet

Decreet The Lady Cramond against Mr Thomas Blackwall

Anent the Lybell pursued at the instance of Dame Anna Hewstoune relict of Sir James Inglis of Cramond and Sir James Stewart ther majesties advocat for their highnes intrest in the matter underwritten Makeing Mentione by the Common law the lawe of all weell governed nationes and particularly by the lawes and practiq of this kingdome the defamatione of the leidges by reproaching them with untrue scandalls and Calumnies to the takeing away for their good name and exposeing them therby to the contempt and Scorne of their nighbours is a great and hyhneous offence for qhich the offenders are severly punishable and far more when the Defamatione proceeds not from passopme or inadvertancie But from a Concealled malice And premeditate deliveratione and when the defamer is at the paines to wryt the same in Rhyme therby to make his malice the more lasting and more acceptable to the readers which is punishable with infamie and is greatly aggrevate when the Scandalls are repated and Contained in a great number of Lynes and when accompanied with this Circumstance that it is done without any pretended provocatione to the offender and when done against persones of qualitie and more Especially against Ladies whose fame and reputation is tender And alse dear to them as their life, And Which defamatione and infameous Lybell is yet more agrevate and more severly punishable in a persone pretending to the studie of Theologie and aiming at the holy office of the ministrie when the Scandellous Lybell is Stuffed full of Baudie Claushes and insinuationes to uncleaness when all this is accompanied with that arragance and Onsollencie of writting them with his oun hand and sending them enclosed to the partie injured and which offence by all Law merits to be censured not only by the punishment of the offender in his persone and goods Bot also by Declareing him infameouse and uncapable to bear office within the kingdome or so much as be a witnes in or out of Judgment Nevertheless It is of veritie that Mr Thomas Blaickwell student of Theology being serveing at Barntoune as Chaplaine ther for the time Did in the moneth of January February or March Jaj vjc nyntie tuo years or one or other of the dayes of one or other of the saids moneths without any pretended esence or provocatione from the pursuer writ a most infameous and long Lybell full of reflectione against her and her familly Wherof the tenor Followes, The Humble Advyse of a weell wisher to all Dammies direct in particular to Mr James Garshore for present in my Ladie Cramonds familly.
Sir
If yow are one that councelled can be
And will take warning loveing to forsee.
The incontenancies that doe threat’n yow now
Since to my Lady Cramond yow must bow
Come hearken and I by ane Impartiall pen
will unto yow writ over some of them.
But I must stopt sure I’m informed arrise
that into Cramond there a Chaplain is…
Quherto Quherto2 into Cramond no sure it cann’t be
That ever ther a Chaplaine wee shall see
what Caplaine e’re will ener wilfullie
The place appointed for their drugerie
In Cramond no it never shall be heard
That e’re a Chapland is turned quite so mad
As wilfully downright to turne a Slave
And when has done, turne out of doors yow Knave
3 assure your self its true I saw him there
Weill if he be Ile ask him whence or where
are yow sir4 come of sale from the turks Gallies?
Or did yow blow at some great furnicebellies
Or did yow toile at some deep Coall pitwork
which made yow blow and spitt and host a snoart
Or were yow in some Collodge the drudge boy
who piss and dirt to Dunghill did Convoy
I Cannot tell what satione to invent.
but sure yow have been in some great terment
That yow for ease are forced for to flee
into the Chaplains Complait purgatrorie (viz. Cramond)
yea tho before yow wrought all day in myre
ye’re now out of the pan into the fire
what e’re yow were assure your self of this
be what ye’re now, ye were in parradise
And that what ever your statione was before
yow did injoy as farr contentment more
Then now yow shall enjoy poor Slave poor sott
who did ingadge yow to this greivious lott
But now Sir yow will ask how doe I know
That yow will so much hardship under goe
I answer sir if yow will give attentione
I of your lott will gie a Short Disceiptione
and now and then a Councell I will give
Which pray observe if yow think there to live
In the first place now since yow are come there
Its very like at first the’le cary very fair
Untill they have toucht yow on every String
and when you’re tuned they will begin a spring.
My Lady is exceeding good at Catch
and in all thing exceeding hard to Match
Especially when prayer yow performe
Other bewarr that nonsense ther be non
My Lady is a good sismale divine
her tongue amongst her sex makes her to shine
Sir ye must know my ladie is weell read.
and hath good femal notiones in her head
of severall things anent divinity
and can express the same most derectly
In femal termes which termes the spoke by guiss
yet yow must pardon She’s ther patroness
Now Sir your great deficulty will Ly
To keep her termes in prayer Constantly
Which if yow doe not yee will her incense
and Cause her tell yow, yow spoke great nonsense
By all means Therfore Sir her femel termes
Observe most strictly at all times
for by this means yow shall not troubled be
when prayers done the sense to signifie
Observe her termes or else yow pray in vaine
5 When prayers done your termes yow must explaine
Ane other thing by all means sic observe
as long as in that family yow serve
Be Sure in pray’r that yow pray for non
of all the Blissing of the brest or womb
My Lady hath of them yow see full store
your famel pupils Sir she needs no more
And tho she doe make strangers very welcome
yet yow must know such widdowes give off seldome
Mistake not therfor sir her in this thing
for tho to all Shee’s Curteous and kind
Yett She to mary nowayes does inclyve
Except a good Match put it in her mynd
But if yow Say I quite mistake your aime
and that in prayer though yow non doe name
Who can that be? is that your Ladies sister
O Is it so? I beg your pardon Sir
I did not know you did mean her
But grant yow did its sinfull pollicie
To Court by prayer wher is your modestie
Especially when Companies before
O fy for shame let’s never hear it more
Nixt for your intertainment of each kynd
I breifly this6 7 shall put yow sir in mynd
First for your Chamber it shall be weell hung
with good white washing it’s a statly roome
your Roome is weell contrived sir therfor
your Closs stooll shall salute yow at the door
your roome indeed each morne shall be drest up
if that the servants have no other work.
your bed shall be with brave strip Curtins drest
and all that be convenient for rest
but with this small inconveniencie
They Chance may smell of grave antiquity
Your Linins Sir may Chance to Claw your back
and for the Colour turne a good gray black.
But if yow have the itch they are the best
for unclean birds may be in any nest
Nixt for your Coall and Candle winter Comes
and will bring with it sharp end Caldrise stormes
as for your Candle, yee may such expect
as will be ready your hair on fire to sett
I doe not mean because of their great flame
But yow most sitt so near unto the same
and when your reading book weell that ye be not
into your Dancle any wasting mote
For if your Candle yow doe at all misspend
Att Betties hand your self yow shall not mend
As for your Coalls I would yow not advyse
till they bring up a fire near to rise
For if yow doe yow may Chance Lye so long
that for your breakfast they’le bid yow sleep on
But when by much intreaty yow have gott
a fire bewarr sir yow burne not your Coat
Draw back your Chair, or else you’l burne your leggs
Your bonfire will spark hotly throw the ribs
Your Candle and your fire will strive togither
Which of the twaine shall out shine on the other
your Candle will Cry o for more Creish
your fire will Cry of Coalls another peine
But answered they will not be at all
So into nothing both they doune must fall
In the nixt place Sir if your house be throng
yow must turne out into some bagadge roome
and doun sir with the pages yee most Lye
This is No Lie. I speak the verity
8 O plague upon that place that ever did
Lay page and Chaplain both within on bed
My pen is almost ready to spitt fire
And were it not that I doe not desyre
Further anent this subject to appear
My pen I would have turned to Launce or Speer
My pen I would in venome and in blood
have dipt, and then have lett them understood
Ther barbarous inhumane Cruilty
which they did show most undeservedly
Their harsh unjut severe behavior
to Mr R: I mean youre predecessor
Att qhich I Cannot but astonished be
For which harsh Carriadge they no pretence see
(In a parenthesis)
In all the famillies nighbouring round about
of which at present one I shall Choise out
I mean Sir Barntounes family were yow
bot into it, it’s heaven by where ye’re now
Sir George to him is instead of a father
his Lady also Caries like a mother.
They want Sir both aw and majestie
that they thus to him cary so kindlie
Bot they indeed doe want both prid and passion
which doeth at your house Cause so much vexatione
I wonder yet the more when I Consider
The dult that’s ther beside your predecesseor
A proud and sausie rogue who if but knowen
would be contemn’d by them who now him oun
He might your predecessors Schollar been
‘Mongst Dammies he never dare be seen
The reasone if I may be so plaine
Wee all him hale year wee doe him disdaine
Wee know the triks he did play in the west
Which if but know’n Sir Georg would soon him cast
A Chaplain hang him he’s weell knowen to be
ane unfite blade for that grave quality
If I a woman I would not be
My Ladies maid, No, not for a great fie.
for sire I ame I should not long be Chaste
Especially if I liv’d near his nest
I will not now further on him insist
in short he’s proud, in Schollar Craft a beast
The 9 reasone sir of this my Short digression
in giveing yow of him a short discriptione
Is for to prove your Lady in the wrong
for her harsh Carriadge unto such ane one
who did dieserte of kyndnes ten 10 times more
Then the blackhead off whom I spock before
When others with such kyndnes treat a knave
should she her honest Chaplain made a Slave
The parenthessis is11 ended)
But I’le returne to wher I was before
and will insist a litle on it more
Out of your roome when thus yow banisht be
Wher can yow goe or where Sir can yow flee
Parhaps yow’l say into your Nurserie
O place weell fitted with Conveniencie
But when yow enter it, pray hold your nose
And fast your eyes (if modest) yow must close
And Sir be sure that yow break not your shines
‘Mongst Chamber potts or some such nestie things
In the nixt place as to your Company
Of goo d(Gray) maids yow have plurality
Not on but two, (but if they be before
pray Sir Read Grave instead of (Gray) before
Now hear your great difficulty will Ly
betuixt the tuo to cary equally
Ther was not long agoe two Chaplains ther
The one did cary blunt the other fair.
The Blunt one was some what strict and preceise
The other did make of Lips and eyes.
Now if yow ask me what of all this then
Please yow the maids and yow shall see the end
Yow shall into my Lady be approven
And of respect receive many a tocken
For hade the blunt one not been so morose.
He hade not hade by half so many foes
And yet tho (Blunt) by dispute able was
to prove the other beast or simple ass
Nixt for your dyet sir I yow informe
You’l fair the better my Lady be at home
but Grant yow be (if yow a glutton are)
of Luxene She is no favorer.
Amongst her other vertues she knowes weel
how to her servants She her meal should deall
I’m short sir (Cramond) is no place of case
Unto poor Coldrise hungrie dammies
But O Observe when yow at table sitt
Conforme your self unto your Ladies witt
Confirm her sentance tho it nonsense be
and greatly praise her vast Capacity
And tell if Lawfull yow inclyne
She should be Judge in matters divine
For if you’l once doe Contradict
Either her oun or sisters witt
Especially about (platonick) Love
Or some such questiones quhich young widdows chose
assure your self you’l from ther favour fell
Yea 12 unto table they will not yow call
Therfore sitt sober and 13 ther witt admire
as if two Godesses spock in your ear
and say Madam I doe protest your right
Even tho she spoke of nonsense Sir the hight
This is the ay by which you’l happy be
Observe therfore this peice of pollicie
Another thing I had it most forgote
be sure to observe it, it’s a speciall nott
That ‘bove all thing yow studie for to gett
your pastures favor O forgett not that
For if yow Chance but one with him to thaurt
Assure your self for it you’l dearly smart
Except that yow be able for to say
yow doe not care whither yow goe or stay
For if it be so, Sir you’l be a beast
To suffer them to Crush yow in the least
O that I hade some great and vast estate
It should not be poor Dammies sad fate
Because their poor to be Disdained by all
and to be tossed like to a foot ball
Because their poor and forced to obey
Therfore by each one they’re made a pray
Because they’re poor the first word to them said
14 Is (either sir goe do this or goe begg)
I’m Confident no generous spirit can
(wher parts deserve it) e’re contain a man
Because 15 he’s16 poor but rather they will Show
more kyndnes to him because he’s Low
But since by purse I cannot now help them
I have endeavored weakly by my pen
I breiftly now thus shall appolagize
If that the readers doe me Creticize
and say my style is mean and Low
I beg your pardon I confess its so
But since my subject be but mean and base
ane old Joh trot may serve without ane pace 17
Which Lybell the Said Mr Thomas hade the Malice to writt with his oun hand to digest into such Rhyme as he was capable, and hade the Impudence to transmitt the same to the pursuer by a letter under the Counterfitt name of Mr Robert Free Tongue haveing delivered the same to Thomas Hannach Carier in Glasgow to be given to the pursuer as a letter direct to her Which Carier haveing discovered that the said Mr Thomas Blaickwall gave him that letter, The said Mr Thomas did at first deny the same with solemne protestations Bot therafter acknowledged the same to Mr John Hamilton who was minister of the place for the time By which infameous and Scandelous lybel against the pursuers frugalitie Discretione modestie and piety, The said Mr Thomas primo all allong reflects upon the pursuer for her alledged ill intertainement of her Chaplaine Calling it a drugerie and that it was madness to be her Chaplain and doune right worse then the Turks Gallies or the worst Imployments, such as the emptieing of Clossetts Blasphemeously calling all those a paradice In respect of that Statione of her Chaplaine Secundo the said infameous Lybell has other reflectiones against the pursuer saying that she is exceeding good at Catch, exceiding hard to match very Conscious of prayers scurrilously Calling her a good femel divine and that ther tongue makes her to shine amongst her sex. Tertio he most Blasphemeously sayes she expresses divinity most decently in famel termes (Because the pursuer hade caused the minister of the place admonish her former Chaplain not to use that expression of the Blissing of the breest and womb in his prayers as not being suitable for her present Case (She beeing a widdow) And then profainly Claushing upon the word termes, Whiche he writtes in great letters and marks it with a hand on the margine in baudie sense, He advises the Chaplain to advyse her termes, or Otherwayes he would pray in veine, And which profaine pitiefull Clash he is so vaine of as twice to repeat famele termes and twice to bid him observe her termes; Quarto then he with a great deall of Sausienes reflects upo the pursuer as if she were not of a modest and Chast deportment, by Saying that she make Strangers very welcome But that such widdowes goes off Seldome, and that she be Courteous and kind to all yet she will not Mary without a a18 good match. Quinto Therafter he falsely and Impiously alledges that Mr James Garshore the pursuers present Chaplaine hade prayed in the forsaid termes for the Lady Dundas who is the pursuers sister and likewayes a widdow and that he made Court to her by such prayers Wherby he not only reflects upon Dundas with ane unsupportable arrogance for lightness of tempor and meaness of spirit as if a person of her qualitie vertue and reputatione would have been Courted by her Sisters Chaplain, Bot also objects atheisme to the Chaplaine, as if by petitiones in his prayer to god allmighty he designed to make Court to a Lady Sixto Therafter the said Mr Thomas his Nonsensicall Lynes reflects upon the pursuer most Calumniously for the ill entertainment of her Chaplain in his Chamber and furnitur thereof and Coall and Candle therto and puting him sometimes to Lye with the pages, At which he falls a Cursing wishing a plague upon the place for her so doeing and in pitiefull Court wishes his pen to be turned to Lance and Spear to be diped in venome and blood for such barbarous and inhumane Cruelty And Septimo after Commending the familly he was in for the time that they wanted both prid and passion he scandelized the pursuer with both alledging that her pride and passion Caused much vexatione to the house And Octavo Then designeing by a pitiefull fetch in his Long parenthessis to conceall his being the writter of that infameous Lybell he speeks ill of himself and that he hade done tricks in the west Which if his master knew he would cast him out of this familly quherof (if he was guilty) he could not Complain of his being put away and if he like the Amillicket accused himself wrongeously and falsely he deserves not to be a Chaplaine in ane honest man’s house when he confesses his unchastity, his Ignorance his being a blockhead and a beast Nono In the nixt place after a great deall of scurrillous and nestie stuff spok of the pursuers nusserie he falleth upon the servant maids, and most falsely insinuats ther light carriadge with a grave and sobber young man Mr Patrick Home Chaplaine to the Lady Entrikine, The persewers aunt who was a youth of examplar piety and gravity and wes there very near his death when he was in the pursuers house and insinuats with most intollerable insolencies that the Chaplains Lacivious Carriadge with the persewers Servant maids, would make him approven as by the pursuer and receive many tockens of respect from her, Decimo after this he reflects upon the pursuers frugality as if she were toe parcimonious in her house and upon her descretion as a great speaker of nonsense and on that most be flattered and approven therein especially about platonnick Love or some such questions as young widdowes meteor (as he Rhymes it) as if the pursuer were guilty of unbeseeming discourse at her oun table Undecimo In the end the said Mr Thomas reflects upon Mr John Hamilton the minister of Cramond desyring the pursuers Chaplain to gett the pursuers favor Otherwayes he would smart for it, Importing thereby that the said Mr John Hamiltone (who is knowen to be a man of Mid temper) were of a proud and revengfull humure if he were not Courted Duodecime Last of all he includes his infameous Lybell with ane appologie for the meaness and Lowness of his Stile wher he flately and Scurreously calls the pursuer a mean and base Object, By Which infamous Lybell he has defamed and scandalized the pursuer with Impiety Imodestie, indiscreation pryde; passion nigardie meaness and bassness in the maner above represented by writting and publishing the said infameous Lybell, And Therfore he ought to be punished in his person and goods and Declared incapable to bear publict trust or so much as to be a witness at Supra And Anent the charge given to the said defender To have Compeired this day before the saids Lords of ther Majesties privy Councill To have answered to the grounds of the abovewritten Compleint and to have heard such order and Course taken theranent as the saids Lords should think Just As in the principall letters of Lybell raised in the said matter and executiones therof at more leanth is Contained And Sicklike Anent the petition given in to the saids Lords of privy Councill be the saids Mr Thomas Blaickwall Shewing That quher the petitioner being conveened before the saids Lords at the instance of the Lady Cramond for ane alledged scandelous Lybell written and published by the petitioner against her, The petitioner humbly conceave That it may be more for the Ladies honor and likewayes more sutable to the petitioners present Character and Circumstances That the petitioner make to the saids Lords ther previous acknowledgment That the petitioner is sensible and heartily sory for any thing of the nature of the paper Lybelled that might have Escaped the petitioner in his younger and more inconsiderat years, and to testifie to the saids Lords how readie the petitioner is to make all Just Satisfacatione to the Lady and all concerned, The petitioner most humbly intreat that the Lybell quherin the alledged defamitory paper is contained may not be publictly read, Bot that the saids Lords would rather be pleased to referr the wholl matter to a Committie of their oun number to whom the petitioner heirby Declairs himself readie to make ane ingenious confessione and acknowledgment of any accession the petitioner hade to the said wryting as also that the petitioner shall submitt to any Censure that they shall impose upon the petitioner for the Ladies Just and reasonable satisfactione, professing the mean time before the saids Lords that as to any Obscene sense of incurring that some would fix upon expressiones in these Lynes the petitioner is altogither Innocence and doe from his heard detest them; as the petitioner hopes to give the Committie to be appoynted by the saids Lords a full and satisfieing evidence as the said suplicatione at at19 more lenth bears Which Lybell being this day Called in presence of the saids Lords of privy Councill, And the pursuer Compeiring be Sir James Ogilvie and Sir Patrick Home her advocats And the defender Compeiring personally with Mr David Cunninghame and Robert Park advocats The Lybell and petition being both read, and the defender being Called to the barr acknowledged he wrot verses and sent them to the Lady Cramond, Bot alledged the verses in the lybell are not the exact Copie, and haveing seen the originall Lines he did not deny that they were his own hand writt, The Saids Lords haveing Considered the Lybell and defender petitione and acknowledgement They heirby banish the defender from the kingdome of Scotland, and ordaines him to depart furth of the same betuixt and the second day of February nixt to come and Discharges him to returne thereto without his majestie or the Councills Licence; And Ordaines him instantly to find Cautione that he shall obey the said sentance under the penaltie of thrie hundred merks scotts Or otherwayes to goe to the Tolbooth of Edinburgh and remaine prisoner therin untill he should find Cautione which Cautione the defender did Imediatly find, And ordaines letters of horning on fiftein dayes and others needfull to be diret hereon in forme as effeirs

1. NRS, PC2/24, 310v-317v.

2. Sic.

3. Marginal note: ‘Answer’.

4. Insertion.

5. Marginal note: ‘2dly’.

6. Insertion.

7. The word ‘put’ scored out here.

8. Marginal note: ‘half’.

9. The letters ‘veg’ scored out here.

10. One illegible word scored out here.

11. Insertion.

12. The word ‘they’ scored out here.

13. The word ‘speak’ scored out here.

14. The word ‘said’ scored out here.

15. The word ‘his’ scored out here.

16. Insertion.

17. Marginal note: ‘ane horse both trots and paces so yow may know the meaning of the Last Lyne’.

18. Sic.

19. Sic.

1. NRS, PC2/24, 310v-317v.

2. Sic.

3. Marginal note: ‘Answer’.

4. Insertion.

5. Marginal note: ‘2dly’.

6. Insertion.

7. The word ‘put’ scored out here.

8. Marginal note: ‘half’.

9. The letters ‘veg’ scored out here.

10. One illegible word scored out here.

11. Insertion.

12. The word ‘they’ scored out here.

13. The word ‘speak’ scored out here.

14. The word ‘said’ scored out here.

15. The word ‘his’ scored out here.

16. Insertion.

17. Marginal note: ‘ane horse both trots and paces so yow may know the meaning of the Last Lyne’.

18. Sic.

19. Sic.

Sederunt, 11 January 1694, Edinburgh

Edinburgh the Eleventh day of January Jaj vjc nyntie four years1

D1694/1/82

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Viscount Tarbat; Lord Raith; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Fountenhall; Sir Thomas Livingston

Edinburgh the Eleventh day of January Jaj vjc nyntie four years1

D1694/1/82

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Viscount Tarbat; Lord Raith; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Fountenhall; Sir Thomas Livingston

1. NRS, PC2/24, 310v.

2. NRS, PC2/24, 310v.

1. NRS, PC2/24, 310v.

2. NRS, PC2/24, 310v.

Act, 11 January 1694, Edinburgh

Att Edinburgh the eleventh day of January Jaj vic and nyntie four years

A1694/1/231

Act

Act The Earl of Southesque

Anent the Petitione Given In to the Lords of their Majesties privy Councell Be Charles Earle of Southesque Sheuing That wher their Lordships upon applicatione made be Mr Alexander Heggins Advocat hes alloued him to Correspond uith the Countess of Southesque the petitioners mother and to advance herr money And he therupon designed as he had openly declared to Charge the petitioner uith horning for payment of the Annuitie due to her And therby to make a breatch betuixt the petitioner and his mother as if he refuised to pay her Anuity wheras ther was nothing due to her till Candlemes nixt And that he was alwayes willing to pay her upon the saids Lords their Giving him allowance to wryte and Correspond uith her for that effect Seing the Granting to Mr Heggins to doe the same (who had noe money to advance her uithout the petitioner) Cannot secure him from the hazard of the Act of parliament discharging Correspondence And therfore Humbly Supplicating to the effect underwryten as the said petitione bears The Lords of their Majesties privie Councell Having Considered the forsaid petitione given in to them Be the above Earle of Southesk They Heirby allow the said Earle to Correspond uith his mother by Letters In ordor to her returne from France And for that effect to advance her money by bills or to ansuer her bills when drawen on him for bringing her home The Letters to be wryten by the Earle being alwayes first revised and marked by Sir James Steuart their Majesties Advocat And the Letters Coming from the Countess to the Earle shouen to the Lord Advocat And the saids Lords doe Heirby recall the former warrand granted to Mr Alexander Heggins for wryting and transmitting money to the said Countess and declares the same void and null And discharges the use making therof after the date of thir presents

At Edinburgh 11 January 1694

A1694/1/231

Act

Act the earl of Southesk

Concerning the petition given in to the lords of their majesties’ privy council by Charles [Carnegie] earl of Southesk, showing that where their lordships upon application made be Mr Alexander Heggins, advocate, have allowed him to correspond with the countess of Southesk, the petitioners mother, and to advance her money, and he thereupon designed as he had openly declared to charge the petitioner with horning for payment of the annuity due to her, and thereby to make a breach between the petitioner and his mother as if he refused to pay her annuity, whereas there was nothing due to her till Candlemas next, and that he was always willing to pay her upon the said lords their giving him allowance to write and correspond with her for that effect, seeing the granting to Mr Heggins to do the same (who had no money to advance her without the petitioner) cannot secure him from the hazard of the act of parliament discharging correspondence, and therefore humbly supplicating to the effect underwritten as the said petition bears. The lords of their majesties’ privy council having considered the foresaid petition given in to them by the above earl of Southesk, they hereby allow the said earl to correspond with his mother by letters in order to her return from France, and for that effect to advance her money by bills or to answer her bills when drawn on him for bringing her home, the letters to be written by the earl being always first revised and marked by Sir James Stewart, their majesties’ advocate, and the letters coming from the countess to the earl shown to the lord advocate. And the said lords do hereby recall the former warrant granted to Mr Alexander Heggins for writing and transmitting money to the said countess and declare the same void and null, and discharge the use making thereof after the date of these present.

1. NRS, PC1/49, 225-6.

1. NRS, PC1/49, 225-6.

Procedure, 11 January 1694, Edinburgh

Att Edinburgh the eleventh day of January Jaj vic and nyntie four years

A1694/1/221

Procedure

Remitt to the Advocat anent Sir Alexander Bruce and pairtners

The Lords of their Majesties privy Councell Having heard a Letter from his Majestie direct to their Lordships Ordoring them to Give Incouradgement to Sir Alexander Bruce and his pairtners for furnishing the horses uith Corne hay and straw And that the Councell call his Majesties Advocat and Sollicitor and requyre them to Give their Judgement in law how farr the authority of shirreffs and Commissioners of supply may be extended in this matter And according to the same to proceed therin dated the threttieth day of December Jaj vic nyntie thrie years read in their presence was ordored to be Recorded They heirby Recommend to Sir James Steuart their Majesties Advocat and Sir James Ogilvie their Majesties Sollicitor to prepare and give in their opinione in wryting to the Councell upon the poynts wheron the Councell by the Letter is requyred to take their opinione and that against teusday nixt being the dyet appoynted for their first ordinary meeting

At Edinburgh 11 January 1694

A1694/1/221

Procedure

Remit to the advocate concerning Sir Alexander Bruce and partners

The lords of their majesties’ privy council having heard a letter from his majesty directed to their lordships ordering them to give encouragement to Sir Alexander Bruce and his partners for furnishing the horses with corn, hay, and straw, and that the council call his majesty’s advocate and solicitor and require them to give their judgement in law how far the authority of sheriffs and commissioners of supply may be extended in this matter, and according to the same to proceed therein, dated 30 December 1693, read in their presence was ordered to be recorded, they hereby recommend to Sir James Stewart, their majesties’ advocate, and Sir James Ogilvie, their majesties’ solicitor, to prepare and give in their opinion in writing to the council upon the points whereon the council by the letter is required to take their opinion, and that against Tuesday next, being the diet appointed for their first ordinary meeting.

1. NRS, PC1/49, 225.

1. NRS, PC1/49, 225.

Procedure, 11 January 1694, Edinburgh

Att Edinburgh the eleventh day of January Jaj vic and nyntie four years

A1694/1/211

Procedure

Remitt to the Thesaury anent the subcollectors of the hearth money

The Lords of their Majesties privy Councell Having Considered a Report by way of Querie from the Committie appoynted Anent the petitione Given in be the subcollectors of the hearth money They Heirby Recommend to the Lords Commissioners of their Majesties Thesaurie to receave from the saids subcollectors of the hearth money their Accompts and oaths Conforme to and in the termes of the Acts and proclamationes of Councell extant at the tyme when the subcollectors of the hearth money receaved their Commissiones or when they collected be vertue therof

At Edinburgh 11 January 1694

A1694/1/211

Procedure

Remit to the treasury concerning the sub-collectors of the hearth money

The lords of their majesties’ privy council having considered a report by way of query from the committee appointed concerning the petition given in by the sub-collectors of the hearth money, they hereby recommend to the lord commissioners of their majesties’ treasury to receive from the said sub-collectors of the hearth money their accounts and oaths confirm to and in the terms of the acts and proclamations of council extant at the time when the sub-collectors of the hearth money received their commissions or when they collected be virtue thereof.

1. NRS, PC1/49, 225.

1. NRS, PC1/49, 225.

Commission by the Council, 11 January 1694, Edinburgh

Att Edinburgh the eleventh day of January Jaj vic and nyntie four years

A1694/1/201

Commission by the Council

Additionall Commissioners for plantatione of kirks

The Lords of their Majesties privy Councell Considering that by the tuenty fourth Act of the last sessione of their Majesties Currant parliament Three Commissioners of every estate were by his Majesties nominatione to be added to the Commissioners named in the former Commissione for plantatione of kirks and valuatione of teynds dated the nynteenth day of July Jaj vic nyntie years And that his Majestie by his Letter under his royall hand of the date at Kensingtoune the threttieth day of december Jaj vic and nyntie thrie years hes nominat the Right trustie and entirely beloved Cousin and Councellor William Duke of Hamiltoune Uilliam Duke of Queensberry John Lord Carmichaell Sir Colline Campbell of Aberurquhill […] Boyll of Kelburn George Baillie of Jarvesuood Sir Archibald Muir George Stirline and Provost Fletcher of Dundie And in respect the Lord Cardross is dead and Sir Patrick Home is advanced to ane other estate His Majestie by his forsaid Letter hes nominat The Lord Pollwarth and […] Craig of Riccartoune in their places off which nominatione The saids Lords of privy Councell appoyntes the macers of privie Councell to make Intimation to the haill persones abovenamed To the end they may meet uith the other Commissioners and doe Everie other thing as effectually in every respect as if their names had been Insert in the saids Commissiones att the passing therof And ordaines thir presents to be recorded in the books of the Commissione for plantatione of kirks and valuatione of teynds

At Edinburgh 11 January 1694

A1694/1/201

Commission by the Council

Additional commissioners for plantation of kirks

The lords of their majesties’ privy council considering that by the 24th act of the last session of their majesty’s current parliament three commissioners of every estate were by his majesty’s nomination to be added to the commissioners named in the former commission for plantation of kirks and valuation of teinds dated 19 July 1690, and that his majesty by his letter under his royal hand of the date at Kensington 30 December 1693 has nominated the right trusty and entirely beloved cousin and councillor William, duke of Hamilton, William [Douglas] duke of Queensberry, John, Lord Carmichael, Sir Colin Campbell of Aberuchill, […] Boyle of Kelburn, George Baillie of Jerviswood, Sir Archibald Muir, George Stirling, and Provost Fletcher of Dundee, and in respect [Henry Erskine] the Lord Cardross is dead and Sir Patrick Hume is advanced to another estate, his majesty by his foresaid letter has nominated [Sir Patrick Hume] the Lord Polwarth and […] Craig of Riccarton in their places, of which nomination the said lords of privy council appoint the macers of privy council to make intimation to the whole persons abovenamed, to the end they may meet with the other commissioners and do every other thing as effectually in every respect as if their names had been inserted in the said commissions at the passing thereof, and ordain these present to be recorded in the books of the commission for plantation of kirks and valuation of teinds.

1. NRS, PC1/49, 224-5.

1. NRS, PC1/49, 224-5.

Order, 11 January 1694, Edinburgh

Att Edinburgh the eleventh day of January Jaj vic and nyntie four years

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Order

Recomendatione to the Lord Advocat to prepare a proclamatione theron

The Lords of their Majesties privie Councell Doe Heirby Recommend to Sir James Steuart their Majesties Advocat to prepare a draught of a proclamatione for publishing of the forsaid Commissione And ordaines the macers of Councell to Intimat to the persones named in the above Letter that his Majestie hath named them to be members of the Commissione for plantatione of kirks and valuatione of teynds

At Edinburgh 11 January 1694

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Order

Recommendation to the lord advocate to prepare a proclamation thereon

The lords of their majesties’ privy council do hereby recommend to Sir James Stewart, their majesties’ advocate, to prepare a draft of a proclamation for publishing of the foresaid commission [for the Highlands], and ordain the macers of council to intimate to the persons named in the above letter that his majesty has named them to be members of the commission for plantation of kirks and valuation of teinds.

1. NRS, PC1/49, 224.

1. NRS, PC1/49, 224.

Letter: royal, 11 January 1694, Edinburgh

Att Edinburgh the eleventh day of January Jaj vic and nyntie four years

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Letter: royal

Letter from the King Anent the Highland Commission and Commission for plantatione of Kirks

The Letter underwryten direct from his Majestie to the Councell Being redd was
ordored to Recorded quherof the tenor Folloues
Suprascribitur William Rex
Right trustie and Right well Beloved Cousine and Councellor Right trustie and Entirely Beloved Cousins and Councellors Right trustie and well beloved Cousins and Councellors Right trustie and well beloved Councellors And trustie and well beloved Councellors We Greet yow well Wheras for the better setling of Justice peace and good ordor in the Highlands and all the neighbouring bounds Especially within the shyres of Caithnes Southerland Ross Inverness Cromartie Nairne Elgine Bamff Aberdeen Kincairden Forfar Perth Stirline Dumbartoune and others adjoyning We have thought fitt Be vertue of our prerogative royall Lately declared in parliament To Grant a Commissione of Justiciary uith severall pouers therin mentioned which we have heiruith sent to yow and which to the end it may be published and made Knouen to the Commissioners therin mentioned and all others concerned We Heirby authorize and Requyre yow to Cause publish the same by open proclamatione2 in our Name at the mercat cross of Edinburgh and the mercat Crosses of the head burghs of the shyres abovenamed and other places needfull To the end our saids Commissioners may proceed and Act Conforme to the tenor of the same And that all Judges and magistrats Concerned may Give their Concurrence and assistance and all our Leidges may have nottice therof and Give due obedience therto And that the same be lykewayes redd at the severall parish kirks uithin the saids respective shires upon sabboth dayes after divyne worship And In regaird the said principall Commissione under our great seall Cannot be produced Conveniently in the respective places and meetings of our saids Commissioners We Have thought fitt that it shall remaine in the Custody of our Chancellor and that a printed Coppie therof signed by our Clarks and under the Councells signet shall be as sufficient a warrand for the saids Commissioners to meet and proceed as if our said principall Commissione under our Great seall were produced at their meetings and all other Intents and purposes And we Requyre That Conforme to the Late Act of parliament The saids Commissioners and uthers shall at their first meeting at Least before they Act in that Cappacity suear and subscribe the oath of alleadgance and assurance And wheras By the tuenty fourth Act of the last session of our Currant parliament Three Commissioners of every estate were by our Nominatione to be added to the Commissioners named in a former Commissione for plantatione of kirks and valuatione of teynds Therfore we have nominat and doe heirby nominat our Right trustie and entirely beloved Cousine and Councellor William Duke of Hamiltoune William Duke of Queensberry John Lord Carmichaell Sir Colline Campbell of Aberurqwhill, […] Boyll of Kelburne George Baillie of Jerviswood Sir Archibald Mure George Stirline and Provost Fletcher of Dundie And in respect the Lord Cardross is dead and Sir Patrick Home advanced to ane other estate we doe in their places name the Lord Polluarth and […] Craig of Riccartoune which nominatione are to Intimat to them To the end they may meet uith the other Commissioners And doe every other thing as effectually in every respect as if their names had been Insert In the saids Commissiones at the passing therof For doing all which This shall be your warrand And soe we bid yow heartily Fareuell Given at our Court at Kensingtoune the threttieth day of december 1693 And of our reigne the fifth year By his Majesties Command sic subscribitur J Johnstoune

At Edinburgh 11 January 1694

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Letter: royal

Letter from the king concerning the Highland commission and commission for plantation of kirks

The letter underwritten directed from his majesty to the council being read was
ordered to recorded, whereof the tenor follows:
Suprascribitur William Rex
Right trusty and right well beloved cousin and councillor, right trusty and entirely beloved cousins and councillors, right trusty and well beloved cousins and councillors, right trusty and well beloved councillors, and trusty and well beloved councillors, we greet you well. Whereas for the better settling of justice peace and good order in the Highlands and all the neighbouring bounds, especially within the shires of Caithness, Sutherland, Ross, Inverness, Cromartie, Nairn, Elgin, Banff, Aberdeen, Kincardine, Forfar, Perth, Stirling, Dumbarton, and others adjoining, we have thought fit by virtue of our prerogative royal lately declared in parliament to grant a commission of justiciary with several powers therein mentioned, which we have herewith sent to you, and which to the end it may be published and made known to the commissioners therein mentioned and all others concerned, we hereby authorise and require you to cause publish the same by open proclamation in our name at the mercat cross of Edinburgh and the mercat crosses of the head burghs of the shires abovenamed and other places needful, to the end our said commissioners may proceed and act conform to the tenor of the same, and that all judges and magistrates concerned may give their concurrence and assistance and all our lieges may have notice thereof and give due obedience thereto. And that the same be likewise read at the several parish kirks within the said respective shires upon sabbath days after divine worship. And in regard the said principal commission under our great seal cannot be produced conveniently in the respective places and meetings of our said commissioners, we have thought fit that it shall remain in the custody of our chancellor, and that a printed copy thereof, signed by our clerks and under the council’s signet, shall be as sufficient a warrant for the said commissioners to meet and proceed as if our said principal commission under our great seal were produced at their meetings and all other intents and purposes. And we require that conform to the late act of parliament, the said commissioners and others shall at their first meeting, [or] at least before they act in that capacity, swear and subscribe the oath of allegiance and assurance. And whereas by the 24th act of the last session of our currant parliament, three commissioners of every estate were by our nomination to be added to the commissioners named in a former commission for plantation of kirks and valuation of teinds, therefore we have nominated and do hereby nominate our right trusty and entirely beloved cousin and councillor William, duke of Hamilton, William [Douglas] duke of Queensberry, John Lord Carmichael, Sir Colin Campbell of Aberuchill, […] Boyle of Kelburn, George Baillie of Jerviswood, Sir Archibald Muir, George Stirling, and Provost Fletcher of Dundee, and in respect [Henry Erskine] the Lord Cardross is dead and Sir Patrick Hume advanced to another estate, we do in their places name [Sir Patrick Hume] the Lord Polwarth and […] Craig of Riccarton, which nomination [you] are to intimate to them to the end they may meet with the other commissioners and do every other thing as effectually in every respect as if their names had been inserted in the said commissions at the passing thereof. For doing all which this shall be your warrant. And so we bid you heartily farewell. Given at our court at Kensington 30 December 1693, and of our reign the fifth year. By his majesty’s command sic subscribitur J Johnston.

0. NRS, PC1/49, 221.

1. NRS, PC1/49, 223-4.

2. The word ‘And’ scored out here.

0. NRS, PC1/49, 221.

1. NRS, PC1/49, 223-4.

Letter: royal, 11 January 1694, Edinburgh

Att Edinburgh the eleventh day of January Jaj vic and nyntie four years

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Letter: royal

Letter from the King Anent Sir Alexander Bruce and his pairtners

The Letter underwryten direct from his Majestie to the Councell being redd was ordored to be recorded And Recommended to the Lord Advocat and sollicitor to prepare and give in their opinione in wryting to the Councell upon the poynts wheron the Councell by the Letters requyred to take their opinione and that against teusday nixt Being the dyet appoynted for their first ordinary meeting of which Letter the tenor folloues
Suprascribitur William Rex
Right Trustie and right well Beloved Cousine and Councellor Right trustie and Entirely beloved Cousins and Councellors Right trustie and right uell beloved Cousins and Councellors Right trustie and uell beloved Cousins and Councellors Right trustie and right well beloved Councellors Right trustie and well beloved Councellors And Trustie and well beloved Councellors Ue Greet yow well It Hath been Represented to us by Sir Alexander Bruce In behalfe of himself and pairtners That they met uith such great difficulties in provyding oats straw and hay for our Army That the same is in dainger of becoming utterly Impracticable partly by the more then ordinary scarcity of the Forrage this year And partly by the backuardnes of the Countrey poeple to sell any And therfore Craving that according to the Act of parliament i68i Our shirreffs and Commissioners of supply may be ordored to sett pryces upon oats according to the fiars of the year And upon straw and hay acording to the Current rates of the Countrey And to take Care that the same be sold to them for ready money for making magazines for our Army And we Judging it very fitt for the good of our service and the ease and accommodatione of our Leidges and for preventing such abuses as were formerly Committed by the souldiers That our troopes be not quartered in Loose and disordorly maner up and doune the Country but that the magazines be provyded for them And being withall sensible That our dragoones are not able to pay more then fyve pence a night for their oats and straw And being therfore resolved to support and give all possible Incowradgement to the said four pence bargaine We doe ordor yow And It is our royall will and pleasure That ye Give all possible assistance and Encouradgement to the said Sir Alexander and pairtners in the same And that ye Call our Advocat and Sollicitor and requyre them to Give their Judgement in Law How farr the Authority of our shirreffs and Commissioners of supplie may be Interposed and extended in the said matter And that according to the same yow proceed therin And that yow take all due and necessary methods For making the said undertaking of provyding magazines effectuall And so we bidd yow heartily Farewell Given at our Court at Kensingtoune the threttieth day of December i693 And of our Reigne the fifth year By his Majesties Command sic subscribitur J Johnstoun

At Edinburgh 11 January 1694

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Letter: royal

Letter from the king concerning Sir Alexander Bruce and his partners

The letter underwritten directed from his majesty to the council being read was ordered to be recorded, and recommended to [Sir James Stewart of Goodtrees] the lord advocate and [Sir James Ogilvie] solicitor to prepare and give in their opinion in writing to the council upon the points whereon the council by the letters required to take their opinion and that against Tuesday next being the diet appointed for their first ordinary meeting. Of which letter the tenor follows:
Suprascribitur William Rex
Right trusty and right well beloved cousin and councillor, right trusty and entirely beloved cousins and councillors, right trusty and right well beloved cousins and councillors, right trusty and well beloved cousins and councillors, right trusty and right well beloved councillors, right trusty and well beloved councillors, and trusty and well beloved councillors we greet you well. It has been represented to us by Sir Alexander Bruce on behalf of himself and partners that they met with such great difficulties in providing oats, straw, and hay for our army that the same is in danger of becoming utterly impracticable, partly by the more than ordinary scarcity of the forage this year, and partly by the backwardness of the country people to sell any, and therefore craving that according to the act of parliament 1681 our sheriffs and commissioners of supply may be ordered to set prices upon oats according to the fiars of the year, and upon straw and hay according to the current rates of the country, and to take care that the same be sold to them for ready money for making magazines for our army. And we judging it very fit for the good of our service and the ease and accommodation of our lieges, and for preventing such abuses as were formerly committed by the soldiers, that our troops be not quartered in [a] loose and disorderly manner up and down the country, but that the magazines be provided for them and being besides sensible that our dragoons are not able to pay more then five pence a night for their oats and straw, and being therefore resolved to support and give all possible encouragement to the said four pence bargain, we do order you and it is our royal will and pleasure that you give all possible assistance and encouragement to the said Sir Alexander and partners in the same, and that you call our advocate and solicitor and require them to give their judgement in law how far the authority of our sheriffs and commissioners of supply may be interposed and extended in the said matter, and that according to the same you proceed therein. And that you take all due and necessary methods for making the said undertaking of providing magazines effectual. And so we bid you heartily farewell. Given at our court at Kensington 30 December i693 and of our reign the fifth year. By his majesty’s command sic subscribitur J Johnston.

1. NRS, PC1/49, 222-3.

1. NRS, PC1/49, 222-3.

Sederunt, 11 January 1694, Edinburgh

Att Edinburgh the eleventh day of January Jaj vic and nyntie four years1

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Sederunt

Lord Chancellor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Earl of Forfar; Viscount Tarbat; Lord Raith; Lord Polluarth; Lord Advocat; Lord Hattoune; Lord Funtainhall; Sir Thomas Livingstoune

At Edinburgh 11 January 16941

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Sederunt

[John Hay, earl of Tweeddale] lord chancellor; [George Gordon] earl of Sutherland; [George Livingston] earl of Linlithgow; [David Melville] earl of Leven; [William Johnston] earl of Annandale; [Archibald Douglas] earl of Forfar; [George Mackenzie] viscount of Tarbat; [Alexander Melville] Lord Raith; [Sir Patrick Hume] Lord Polwarth; [Sir James Stewart of Goodtrees], lord advocate; [Sir John Lauder] Lord Hatton; [Sir John Lauder] Lord Fountainhall; Sir Thomas Livingstone

1. NRS, PC1/49, 221.

2. NRS, PC1/49, 221.

1. NRS, PC1/49, 221.

2. NRS, PC1/49, 221.