Tag Archives: 11 October 1692

Decreet, 11 October 1692, Edinburgh

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Edinburgh The Eleventh day of October Jaj vjc Nyntie two years

D1692/10/51

Decreet

Decreet and Remitt Roxburgh and his Curators Against The Wrights in the Cannogate

Anent our Soveraigne Lord and Ladies letters raised and pursued befor the Lords of their majesties privy Councill be Robert Earle of Roxburgh Margrat Countes of Roxburgh, John Lord Hay of Yester Mr David Hay his brother, Sir James Hay of Linplum and Sir William Kerr of Greenhead his Curators and William Simervell wright burges of Edinburgh and Sir William Lockhart their majesties solicitor for their highnes intrest in the matter underwritten Mentioning That quher albeit by the lawes and constitutiones of this and all other weell governed nationes the troubling and molesting persones in the peacable possessiones of their lands lodgings and heritadges without any Just ground of Law be a cryme of a high nature and severly punishable, yet true It is that the Said Robert Earle of Roxburgh Stands infeft under the great seall In all and haill ane lodging and tenement of Land with ane yeard parts pendicles and pertinents therof Lying in the Cannogate, And that the deceast Robert Earle of Roxburgh his great Grand fathers father Reserved the said lodging and tenement when he made ane Dispositione of the Cannogate in favors of the Magistrats of Edinburgh In anno Jaj vjc Threttie Six To be holden of his majestie and his Successors and ever since that tyme the said Earle and his predecessors have peacably enjoyed the said lodging and its pertinents free of all burdeens and Impositiones cessing quarterings Or any other incumberances that the inhabitants of the said Cannogate ware subject and Lyable unto Notwithstanding quherof Thomas Kinloch present Deacon of the wrights in the said Cannogate Did at his oun hand or by some other at his order and directione came violently upon saturday being the first of October instant betwixt Eleven and Twelve hours in the forenoon or therby to the said lodging and their seized upon the haill workloomes belonging to the said William Simervell wright who was Imployed by the said Earle or his Curators to work in the said Lodging, And the said work loomes ware caried away by the said Thomas Kinloch or by his order And are yet still detained by him albeit he was Requyred on the thrid day of October instant under the forme of instrument to deliver the said work-Loomes back which he altogither refused to doe And Therfore the said Thomas Kinloch is guilty of ane manifast Ryot injurie and oppression and ought not only to be punished in his persone and goods to the terror of others to comitt the like in tyme comeing, Bot also he ought to be Decerned to deliver back the saids work loomes to the said William Simervell in alse good conditione as when they took them away of the Soume of […] money as the Just price therof and also Ought and Should be Decerned to desist and sease from troubling the said Earle of Roxburgh in the peaceable possession of the said lodging, And pertinents of the Samen, And it Ought to be found and Declared, That the said Robert Earle of Roxburgh have power and liberty to Imploy what workmen the said Earle pleases to work in the said Lodging whither they be freemen in the Cannogate or not In Respect the said Earle of Roxburgh holds the said lodging of the King and of no other And Anent the charge given to the said defender To have Compeired personally this day before the saids Lords to have answered to the grounds of the abovewritten Complaint And to have heard and seen himself Decerned to Deliver back to the said William Simervell the said work Loomes in alse good conditione as when he took them away or the Soume of […] Scots money as the Just price therof And also to hav heard and Seen himself Decerned to desist and sease from troubling the said Robert Earle of Roxburgh in the peacable possessione of the said lodging and pertinents of the same And to have heard and seen it found and Declared That the said Earle have power and libertie to Imploy what workmen the said Earle pleases to work in the said lodging, whither they be freemen in the Cannogate or not In Respect the said Earle holds the said lodging of the king and no other as the forsaid Lybell and executiones therof in them selves more fully proports, Which Lybell being this day called in presence of the saids Lords of Privy Councill And Sir David Thoris Advocat Compeiring for the pursuars and the said defender Compeiring Personally with Sir Robert Colt advocat his procurator The Lords of their majesties privy Councill Haveing Considered the above Lybell and answers made thereto for the defender They heirby Ordaine the said Thomas Kinloch defender to restore and deliver Thomas Kinloch defender to restore and deliver back the above William Simervell one of the pursuars the above Looms taken be the difender from him, And Remits the point of Right in the Competition betwixt the Earle of Roxburgh and the wrights in the Cannogate to the Saids Lords to proceid and determine in this matter Sumarly, without necessitie of abyding the course of the roll And ordaines letters of horning on fiftein dayes and others needfull to be direct heiron.

Edinburgh The Eleventh day of October Jaj vjc Nyntie two years

D1692/10/51

Decreet

Decreet and Remitt Roxburgh and his Curators Against The Wrights in the Cannogate

Anent our Soveraigne Lord and Ladies letters raised and pursued befor the Lords of their majesties privy Councill be Robert Earle of Roxburgh Margrat Countes of Roxburgh, John Lord Hay of Yester Mr David Hay his brother, Sir James Hay of Linplum and Sir William Kerr of Greenhead his Curators and William Simervell wright burges of Edinburgh and Sir William Lockhart their majesties solicitor for their highnes intrest in the matter underwritten Mentioning That quher albeit by the lawes and constitutiones of this and all other weell governed nationes the troubling and molesting persones in the peacable possessiones of their lands lodgings and heritadges without any Just ground of Law be a cryme of a high nature and severly punishable, yet true It is that the Said Robert Earle of Roxburgh Stands infeft under the great seall In all and haill ane lodging and tenement of Land with ane yeard parts pendicles and pertinents therof Lying in the Cannogate, And that the deceast Robert Earle of Roxburgh his great Grand fathers father Reserved the said lodging and tenement when he made ane Dispositione of the Cannogate in favors of the Magistrats of Edinburgh In anno Jaj vjc Threttie Six To be holden of his majestie and his Successors and ever since that tyme the said Earle and his predecessors have peacably enjoyed the said lodging and its pertinents free of all burdeens and Impositiones cessing quarterings Or any other incumberances that the inhabitants of the said Cannogate ware subject and Lyable unto Notwithstanding quherof Thomas Kinloch present Deacon of the wrights in the said Cannogate Did at his oun hand or by some other at his order and directione came violently upon saturday being the first of October instant betwixt Eleven and Twelve hours in the forenoon or therby to the said lodging and their seized upon the haill workloomes belonging to the said William Simervell wright who was Imployed by the said Earle or his Curators to work in the said Lodging, And the said work loomes ware caried away by the said Thomas Kinloch or by his order And are yet still detained by him albeit he was Requyred on the thrid day of October instant under the forme of instrument to deliver the said work-Loomes back which he altogither refused to doe And Therfore the said Thomas Kinloch is guilty of ane manifast Ryot injurie and oppression and ought not only to be punished in his persone and goods to the terror of others to comitt the like in tyme comeing, Bot also he ought to be Decerned to deliver back the saids work loomes to the said William Simervell in alse good conditione as when they took them away of the Soume of […] money as the Just price therof and also Ought and Should be Decerned to desist and sease from troubling the said Earle of Roxburgh in the peaceable possession of the said lodging, And pertinents of the Samen, And it Ought to be found and Declared, That the said Robert Earle of Roxburgh have power and liberty to Imploy what workmen the said Earle pleases to work in the said Lodging whither they be freemen in the Cannogate or not In Respect the said Earle of Roxburgh holds the said lodging of the King and of no other And Anent the charge given to the said defender To have Compeired personally this day before the saids Lords to have answered to the grounds of the abovewritten Complaint And to have heard and seen himself Decerned to Deliver back to the said William Simervell the said work Loomes in alse good conditione as when he took them away or the Soume of […] Scots money as the Just price therof And also to hav heard and Seen himself Decerned to desist and sease from troubling the said Robert Earle of Roxburgh in the peacable possessione of the said lodging and pertinents of the same And to have heard and seen it found and Declared That the said Earle have power and libertie to Imploy what workmen the said Earle pleases to work in the said lodging, whither they be freemen in the Cannogate or not In Respect the said Earle holds the said lodging of the king and no other as the forsaid Lybell and executiones therof in them selves more fully proports, Which Lybell being this day called in presence of the saids Lords of Privy Councill And Sir David Thoris Advocat Compeiring for the pursuars and the said defender Compeiring Personally with Sir Robert Colt advocat his procurator The Lords of their majesties privy Councill Haveing Considered the above Lybell and answers made thereto for the defender They heirby Ordaine the said Thomas Kinloch defender to restore and deliver Thomas Kinloch defender to restore and deliver back the above William Simervell one of the pursuars the above Looms taken be the difender from him, And Remits the point of Right in the Competition betwixt the Earle of Roxburgh and the wrights in the Cannogate to the Saids Lords to proceid and determine in this matter Sumarly, without necessitie of abyding the course of the roll And ordaines letters of horning on fiftein dayes and others needfull to be direct heiron.

1. NRS, PC2/24, 126v-128r.

1. NRS, PC2/24, 126v-128r.

Act, 11 October 1692, Edinburgh

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Edinburgh The Eleventh day of October Jaj vjc Nyntie two years

D1692/10/41

Act

Act Sir James Ramsay Against The Earl of Seaforth

Anent a Petition given in to the Lords of their Majesties privy Councill be Sir James Ramsay of Logie Shewing That wer the deceast Earle of Seaforth was debitor to the petitioner in above the Soume of Seventie Thousand merks, Which is the wholl fortune remaining to the petitioner for his livelyhood and subsistance, And was so farr acknowledged by the present Earle of Seaforth (who by trusts and Conveyances injoyes his fathers wholl estate albeit he wrongeously refuses to represent him) That he dealt with the Earle of Marr his tacksman of the Lewes to give for Sir James a thousand merks yearly for his necessary aliement and he with the Viscount of Tarbat and the deceast Sir George Mckenzie of Rosshaugh wrott letters to the Earle of Marr to grant bond for that effect as appears by the despositiones of the said Viscount of Tarbatt and John Kerrie of Gogar taken before the parliament Jaj vjc nyntie therwith produced In the Confidence wherof And Because It was a thing certaine and almost Nottour that the Earle of Marr granted ther forsaid bond for which he should have hade ane prorogatione of his tack, And that the petitioner intrusted the Earle of Seaforth with the same to Cause the Chamberland William Couper enter in payment, And that he gave a letter to the Chamberland for that effect, The petitioner applyed to the saids Lords in the year Jaj vjc nyntie one Because the parliament did not determine in the said matter, And referred the wholl to the Earle of Seaforths oath, not Imadgining that he could deny the same, yet nevertheless he did flattly deny everie point of the petitioners interrogattors not only contrary to the treuth, Bot contrary to the forsaid depositiones of the Viscount of Tarbett and Keirrie of Goggar, off which the saids Lords ware So convinced, That they gave the petitioner a new dilligence against the Countes of Marr and the Countes of Seaforth and others for recovering of the said bond and letters Lykas the petitioner hade ever since to his great charges and vexatione been prosecuteing the same, And for that effect took out a Commission to take the Countes of Seaforth her Oath in the north, And sent his wife tho very aged and infirme to see the same execute Bot she being litle skillfull in these matters was abussed by Balnagowan the persone Commissionat by the saids Lords, who instead of doeing his part gave a Deputation to one Heugh Dallas his Clerk which he hade no power to doe, Wherupon Dallas and the Countes did Collide, Dallas refuseing to execute the Commission, And the Countes offeiring to swear when she saw, 2 Ther was non to take her oaths Wherby all his wyfes great paines was frustrat as the report and instrument Lying before the saids Lords would testifie Lykeas albeit upon his Said dilligence he hade againe sumoned the Countes of Marr The Viscount of Tarbat Mr Rodick Mckenzie of Prestonhall the said Keirie of Goggar and the Ladie Rosshaugh to appear before their Lordships this day, yet he was hopeless to obtaine any greater Discovery then he hade allready got By all which the saids Lords might perceive how Sadly the petitioner is vexed and Disappointed and therby in effect now in his old dayes and after haveing Lived honorably both at home and abroad reduced to the greatest extreamities And now seing that the forsaid Depositiones before the parliament 3 wes4 therwith produced and that the abuse put upon him in the said wholl matter Is notour And that the Earle of Seaforth is againe their Majesties prisoner and ordered to be processed for Treason wherby his rents in the mean tyme might Justly by Sequestrated And Therfore Humbly Craveing the said Lords in Consideratione of the haill premisses would appoint him a Competent aliment out of the Earle of Seaforths rents offeiring to the said soume of debt due to the petitioner and his great necessitie And as the saids Lords are often in use to doe in such favorable and extraordinary caises It being certaine and visible That unles the saids Lords assist him in this matter, He and his poor wyfe might starve in their old dayes for want of their oun when in the mean tyme the same is possest by the said Earle of Seaforth who lives opulently therupon in defraud of the petitioners and his fathers other Just Creditors as the forsaid petitione bears The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above Sir James Ramsay with the writts mentioned therin and produced therwith, Togither with ane instrument under the hand of William Riddell nottar of the date the fourteinth day of september last appointing the Earle of Seaforth to answer his Petition James Lauder merchant in Edinburgh as procurator for the petitioner Did upon the nynteinth day of the forsaid moneth and year deliver to the Earle a Coppie of this petition, And Requyred him to give answers therto, to the Councill at their meetting this day The saids Lords In Respect the Earle has failled to give in answers to the petitione Have Modified and heirby Modifies the soume of Thrie Thousand merks to be payed to the petitioner out of the first and readiest of the said Earle his fortune and estate or any part therof without Distinctione and Ordaines the said Earle and his factor and Chamberlands and tennents to make payment of the same, And Ordaines letters of horning to be direct at the instance of the petitioner against the said Earle and his said factors or Chamberland or tennants to be Condescended upon in the horning for payment of the said Soume accordingly upon ane Charge of fiftein dayes and other executions to be direct heiron in forme as effeirs.

Edinburgh The Eleventh day of October Jaj vjc Nyntie two years

D1692/10/41

Act

Act Sir James Ramsay Against The Earl of Seaforth

Anent a Petition given in to the Lords of their Majesties privy Councill be Sir James Ramsay of Logie Shewing That wer the deceast Earle of Seaforth was debitor to the petitioner in above the Soume of Seventie Thousand merks, Which is the wholl fortune remaining to the petitioner for his livelyhood and subsistance, And was so farr acknowledged by the present Earle of Seaforth (who by trusts and Conveyances injoyes his fathers wholl estate albeit he wrongeously refuses to represent him) That he dealt with the Earle of Marr his tacksman of the Lewes to give for Sir James a thousand merks yearly for his necessary aliement and he with the Viscount of Tarbat and the deceast Sir George Mckenzie of Rosshaugh wrott letters to the Earle of Marr to grant bond for that effect as appears by the despositiones of the said Viscount of Tarbatt and John Kerrie of Gogar taken before the parliament Jaj vjc nyntie therwith produced In the Confidence wherof And Because It was a thing certaine and almost Nottour that the Earle of Marr granted ther forsaid bond for which he should have hade ane prorogatione of his tack, And that the petitioner intrusted the Earle of Seaforth with the same to Cause the Chamberland William Couper enter in payment, And that he gave a letter to the Chamberland for that effect, The petitioner applyed to the saids Lords in the year Jaj vjc nyntie one Because the parliament did not determine in the said matter, And referred the wholl to the Earle of Seaforths oath, not Imadgining that he could deny the same, yet nevertheless he did flattly deny everie point of the petitioners interrogattors not only contrary to the treuth, Bot contrary to the forsaid depositiones of the Viscount of Tarbett and Keirrie of Goggar, off which the saids Lords ware So convinced, That they gave the petitioner a new dilligence against the Countes of Marr and the Countes of Seaforth and others for recovering of the said bond and letters Lykas the petitioner hade ever since to his great charges and vexatione been prosecuteing the same, And for that effect took out a Commission to take the Countes of Seaforth her Oath in the north, And sent his wife tho very aged and infirme to see the same execute Bot she being litle skillfull in these matters was abussed by Balnagowan the persone Commissionat by the saids Lords, who instead of doeing his part gave a Deputation to one Heugh Dallas his Clerk which he hade no power to doe, Wherupon Dallas and the Countes did Collide, Dallas refuseing to execute the Commission, And the Countes offeiring to swear when she saw, 2 Ther was non to take her oaths Wherby all his wyfes great paines was frustrat as the report and instrument Lying before the saids Lords would testifie Lykeas albeit upon his Said dilligence he hade againe sumoned the Countes of Marr The Viscount of Tarbat Mr Rodick Mckenzie of Prestonhall the said Keirie of Goggar and the Ladie Rosshaugh to appear before their Lordships this day, yet he was hopeless to obtaine any greater Discovery then he hade allready got By all which the saids Lords might perceive how Sadly the petitioner is vexed and Disappointed and therby in effect now in his old dayes and after haveing Lived honorably both at home and abroad reduced to the greatest extreamities And now seing that the forsaid Depositiones before the parliament 3 wes4 therwith produced and that the abuse put upon him in the said wholl matter Is notour And that the Earle of Seaforth is againe their Majesties prisoner and ordered to be processed for Treason wherby his rents in the mean tyme might Justly by Sequestrated And Therfore Humbly Craveing the said Lords in Consideratione of the haill premisses would appoint him a Competent aliment out of the Earle of Seaforths rents offeiring to the said soume of debt due to the petitioner and his great necessitie And as the saids Lords are often in use to doe in such favorable and extraordinary caises It being certaine and visible That unles the saids Lords assist him in this matter, He and his poor wyfe might starve in their old dayes for want of their oun when in the mean tyme the same is possest by the said Earle of Seaforth who lives opulently therupon in defraud of the petitioners and his fathers other Just Creditors as the forsaid petitione bears The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above Sir James Ramsay with the writts mentioned therin and produced therwith, Togither with ane instrument under the hand of William Riddell nottar of the date the fourteinth day of september last appointing the Earle of Seaforth to answer his Petition James Lauder merchant in Edinburgh as procurator for the petitioner Did upon the nynteinth day of the forsaid moneth and year deliver to the Earle a Coppie of this petition, And Requyred him to give answers therto, to the Councill at their meetting this day The saids Lords In Respect the Earle has failled to give in answers to the petitione Have Modified and heirby Modifies the soume of Thrie Thousand merks to be payed to the petitioner out of the first and readiest of the said Earle his fortune and estate or any part therof without Distinctione and Ordaines the said Earle and his factor and Chamberlands and tennents to make payment of the same, And Ordaines letters of horning to be direct at the instance of the petitioner against the said Earle and his said factors or Chamberland or tennants to be Condescended upon in the horning for payment of the said Soume accordingly upon ane Charge of fiftein dayes and other executions to be direct heiron in forme as effeirs.

1. NRS, PC2/24, 125r-126v.

2. The word ‘no’ scored out here.

3. The word ‘are’ scored out here.

4. Insertion.

1. NRS, PC2/24, 125r-126v.

2. The word ‘no’ scored out here.

3. The word ‘are’ scored out here.

4. Insertion.

Petition, 11 October 1692, Edinburgh

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Edinburgh The Eleventh day of October Jaj vjc Nyntie two years

D1692/10/31

Petition

[Petition heritors of Cranstoune]

Petition The heritors of Cranstoune anent the plainting that kirk Read And the Councill being informed by the Lord Fountonhall, That the Ministers of the Presbytrie of Dalkeith are willing to meet with some of the Councill in this matter They Appoint the Lords Cardross, Beilhaven, Enstruther and Sir Patrick Murray or anie of them to meet with any of the ministers of the forsaid presbytrie this day at thrie in the afternoon And Report to the Councill the effect of their meeting at their nixt Sederunt.

Edinburgh The Eleventh day of October Jaj vjc Nyntie two years

D1692/10/31

Petition

[Petition heritors of Cranstoune]

Petition The heritors of Cranstoune anent the plainting that kirk Read And the Councill being informed by the Lord Fountonhall, That the Ministers of the Presbytrie of Dalkeith are willing to meet with some of the Councill in this matter They Appoint the Lords Cardross, Beilhaven, Enstruther and Sir Patrick Murray or anie of them to meet with any of the ministers of the forsaid presbytrie this day at thrie in the afternoon And Report to the Councill the effect of their meeting at their nixt Sederunt.

1. NRS, PC2/24, 125r.

1. NRS, PC2/24, 125r.

Procedure: remission, 11 October 1692, Edinburgh

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Edinburgh The Eleventh day of October Jaj vjc Nyntie two years

D1692/10/21

Procedure: remission

Remitt To the Solicitor anent The toune of St Androwes

The Lords of their Majesties Privy Councill Haveing heard a letter from the Earle of Craufurd as provest of St Androwes direct to the Lord high Chancelor with ane information representing that the inhabitants of St Androwes have the power of electing their oun magistrate Especially when ther are no Bishops in Scotland, And that they have ellected their magistrats accordingly this year being oblidged to a particullar day of electione under the paine of Loss of their priviledge The order of Councill anent the electione Comanding lists to be given in to the said Lord high Chancelor that he might elect magistrates as the Archbishopes ware said to be in use to doe, Being upon misinformatione and the parties not heard nor called Read and Appointed the Solicitor to See and answer the Same, And the inhabitants of St Androws to attend the Solicitor with the writtes quherupon they found.

Edinburgh The Eleventh day of October Jaj vjc Nyntie two years

D1692/10/21

Procedure: remission

Remitt To the Solicitor anent The toune of St Androwes

The Lords of their Majesties Privy Councill Haveing heard a letter from the Earle of Craufurd as provest of St Androwes direct to the Lord high Chancelor with ane information representing that the inhabitants of St Androwes have the power of electing their oun magistrate Especially when ther are no Bishops in Scotland, And that they have ellected their magistrats accordingly this year being oblidged to a particullar day of electione under the paine of Loss of their priviledge The order of Councill anent the electione Comanding lists to be given in to the said Lord high Chancelor that he might elect magistrates as the Archbishopes ware said to be in use to doe, Being upon misinformatione and the parties not heard nor called Read and Appointed the Solicitor to See and answer the Same, And the inhabitants of St Androws to attend the Solicitor with the writtes quherupon they found.

1. NRS, PC2/24, 124v-125r.

1. NRS, PC2/24, 124v-125r.

Sederunt, 11 October 1692, Edinburgh

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Edinburgh The Eleventh day of October Jaj vjc Nyntie two years1

D1692/10/12

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Lord Raith Thesrer dept; Lord Cardross; Lord Beilhaven; Master of Forbes; Lord Fountonhall; Lord Enstruther; Sir Thomas Livingston; Sir William Lockhart; Sir Patrick Murray

Edinburgh The Eleventh day of October Jaj vjc Nyntie two years1

D1692/10/12

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Lord Raith Thesrer dept; Lord Cardross; Lord Beilhaven; Master of Forbes; Lord Fountonhall; Lord Enstruther; Sir Thomas Livingston; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 124v.

2. NRS, PC2/24, 124v.

1. NRS, PC2/24, 124v.

2. NRS, PC2/24, 124v.

Procedure: committee, 11 October 1692, Edinburgh

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Att Edinburgh the Eleaventh day off October Jaj vjc Nyntie tuo years

A1692/10/61

Procedure: committee

Comittee anent winter quarters to the forces and the Bass

The Lords of there Majesties privie Councill haveing heard a List of winter quarters to there majesties forces for this year Given in them be Sir Thomas Livingstoun Comander in cheiff of there majesties forces within this Kingdome read in there presence They hereby recomend to the Lord Raith Theasurer deput The Lord Cardross The Lord Beilhaven and the Lords Fountainhall and Enstruther and the said Sir Thomas Livingstoun or any […] of them To Considder the forsaid List and if it be neadfull to alter any pairt thereof And how the same is to be altered And to Consider how there majestyes forces horse and dragoons may be Conveniently provyded in Corne Hay and straw for the Ensueing winter And Lykewayes to Consider what course is to be taken for blocking up the rebells that are in the Bass and for secureing againest what prejudice may be done by them aither by sea or Land And recomends to this Comittee to meet this day at three in the afternoon and to make there report to the Councill at there next meeting.

At Edinburgh 11 October 1692

A1692/10/61

Procedure: committee

Committee concerning winter quarters to the forces and the Bass

The lords of their majesties’ privy council having heard a list of winter quarters to their majesties’ forces for this year given in them by Sir Thomas Livingston, commander in chief of their majesties’ forces within this kingdom read in their presence, they hereby recommend to the Lord Raith, treasurer deput, the Lord Cardross, the Lord Belhaven and the lords Fountainhall and Anstruther and the said Sir Thomas Livingston or any […] of them, to consider the forsaid list and if it be neadfull to alter any part thereof, and how the same is to be altered and to consider how their majesties’ forces, horse and dragoons, may be conveniently provided in corn, hay and straw for the ensuing winter, and likewise to consider what course is to be taken for blocking up the rebels that are in the Bass and for securing against what prejudice may be done by them either by sea or land, and recommends to this committee to meet this day at three in the afternoon and to make their report to the council at their next meeting.

1. PC1/48, 419-20.

1. PC1/48, 419-20.

Procedure: committee, 11 October 1692, Edinburgh

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Att Edinburgh the Eleaventh day off October Jaj vjc Nyntie tuo years

A1692/10/51

Procedure: committee

Comittee for examineing some persones brought from Sanquhar

The Lords of there Majesties privie Councill doe hereby recomend to the Lord Beilhaven Sir Thomas Livingstoun Comander in cheiff of there majesties forces within this Kingdome and Sir William Lockhart there majestyes sollicitor to call for and examine the prisoners brought to this place since the Last meeting of Councill in September last past for alleadged being present at the publicatione of a disloyall paper or declaration at the croce of Sanquhar And to report to the Councill at there next meeting.

At Edinburgh 11 October 1692

A1692/10/51

Procedure: committee

Committee for examining some persons brought from Sanquhar

The lords of their majesties’ privy council do hereby recommend to the Lord Belhaven, Sir Thomas Livingston, commander in chief of their majesties’ forces within this kingdom and Sir William Lockhart, their majesties’ solicitor, to call for and examine the prisoners brought to this place since the last meeting of council in September last past for alleged being present at the publication of a disloyal paper or declaration at the cross of Sanquhar, and to report to the council at their next meeting.

1. PC1/48, 419.

1. PC1/48, 419.

Act, 11 October 1692, Edinburgh

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Att Edinburgh the Eleaventh day off October Jaj vjc Nyntie tuo years

A1692/10/41

Act

Act Robert Smart for stipend

Anent the petitione given in to the Lords of there majesties privie Councill be Robert Smairt merchand in Fisherraw Shewing That where ane noble Lord John Lord Hay of Yester and Sir John Lauder of Hattoune ane of the senators of the Colledge of Justice by a wreitt under there hand daitted the […] day of september last haveing gifted In favours In favours in favours2 of the petitioner the vacand stipend of the paroch of Musleburgh and Innerask for the Current year Jaj vjc and nyntie tuo years instant as being at there disposeall in the termes of the Late act of parliament by reasone of the present vacancie of the said church And of there haveing adjudged and standing Infeft in the superioritie of the Regalitie of Mussleburgh and patronadge of the paroch kirk thereof And which gift In favours of the petitioner is with the burden and payment of some necessarie reparationes were made some years since about the ministers manse and is yet resting to the tradesmen and merchands that wrought thereat and furnished the materialls thereto And which vacand stipend is to be applyed to the ends forsaid And for some other pious uses in the parch Conforme to ane obledgement granted be the petitioner to the said Lord Yester and Lord Hattoun And to which the petitioners gift of the vacand stipend relates As the samen produced with the said petitione hes testified And albeit the said vacant stipend sua gifted as aforsaid in the termes of the said act of parliament And that the same is with consent of the present Earle of Lauderdaill his Commissioners who manadges his effairs Dureing his absence Yet that no scrouple nor seeming3 difficultie may remaine with these Lyable in payment of the said stipend The petitioner Judged it his Interest towards the better effectuating of so pious ane designe In granting of the said gift To Apply to the saids Lords of privie Councill for approbatione thereof for rendering the same more effectuall to the ends forsaids The Supplicant haveing no further Concerne of his oune but the Legall prosecutione of that trust that the patrones have reposed in him in the termes of there said gift and his said obleidgement relative thereto And therefore Craveing to the effect underwritten As the said petitione bears The Saids Lords of there majesties privie Councill haveing considered this petition given in to them be the above Robert Smairt with the gift mentioned therein and produced therewith They hereby approve of the said gift And allowes to the petitioner the stipend of the paroch of Musleburgh and Inneresk in the termes thereof for the haill Current year Jaj vjc nyntie tuo And ordains him to be readiely ansuered obeyed and payed thereof be the heretors fewers wodsetters and others Lyable in payment of the samen And ordaines Letters of horning under the signet of Councill at the petitioners Instance againest them for that effect He produceing a decreet of Locality And in case there be none ordaines these Lyable To make payment to the petitioner of there respective proportiones of the said stipend for the said haill year Jaj vjc and nyntie tuo according as they shall be decerned be the Judge ordinarie.

At Edinburgh 11 October 1692

A1692/10/41

Act

Act for Robert Smart for stipend

Concerning the petition given in to the lords of their majesties’ privy council by Robert Smart, merchant in Fisherrow, showing that where a noble Lord John Lord Hay of Yester and Sir John Lauder of Hatton, one of the senators of the college of justice, by a writ under their hand dated the […] day of September last having gifted in favour of the petitioner the vacant stipend of the parish of Musselburgh and Inveresk for the current year 1692 instant as being at their disposal in the terms of the late act of parliament by reason of the present vacancy of the said church, and of their having adjudged and standing infeft in the superiority of the regality of Musselburgh and patronage of the parish kirk thereof, and which gift in favour of the petitioner is with the burden and payment of some necessary reparations were made some years since about the minister’s manse, and is yet resting to the tradesmen and merchants that wrought thereat and furnished the materials thereto, and which vacant stipend is to be applied to the ends aforesaid and for some other pious uses in the parish conforming to an obligement granted by the petitioner to the said Lord Yester and Lord Hatton and to which the petitioner’s gift of the vacant stipend relates, as the same produced with the said petition has testified, and albeit the said vacant stipend so gifted as aforesaid in the terms of the said act of parliament, and that the same is with consent of the present [Richard Maitland] earl of Lauderdale his commissioners who manages his affairs during his absence, yet that no scruple or seeming difficulty may remain with those liable in payment of the said stipend, the petitioner judged it his interest towards the better effectuating of so pious a design in granting of the said gift to apply to the said lords of privy council for approbation thereof for rendering the same more effectual to the ends forsaids, the supplicant having no further concern of his own but the legal prosecution of that trust that the patrons have reposed in him in the terms of their said gift, and his said obligement relative thereto, 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 Robert Smart with the gift mentioned therein, and produced therewith, they hereby approve of the said gift and allow to the petitioner the stipend of the parish of Musselburgh and Inveresk in the terms thereof for the whole current year 1692, and ordain him to be readily answered, obeyed and paid thereof by the heritors, feuers, wadsetters and others liable in payment of the same and ordain letters of horning under the signet of council at the petitioner’s instance against them for that effect, he producing a decreet of locality and in case there be none ordain those liable to make payment to the petitioner of their respective proportions of the said stipend for the said whole year 1692 according as they shall be decerned by the judge ordinary.

1. PC1/48, 418-19.

2. Sic.

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

1. PC1/48, 418-19.

Letter: from the council, 11 October 1692, Edinburgh

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Att Edinburgh the Eleaventh day off October Jaj vjc Nyntie tuo years

A1692/10/31

Letter: from the council

Letter from Ireland anent seizeing of rebells

My Lord High Chancellour produced a Letter (which being read in Councill wes taken back be his Lordship) direct to him from the Lord Leivetennent of Ireland signifyeing that his Majesties pleasure is That the said Lord Leivetennent doe seize upon all rebells who may have fledd to that from this Kingdome Read and Recomended to the members of Councill to Call to mynd what rebells any of them may suspect have fledd from this to Ireland and to give in there names to the Councill at there next meeting

At Edinburgh 11 October 1692

A1692/10/31

Letter: from the council

Letter from Ireland concerning seizing of rebels

My Lord High Chancellor produced a letter (which being read in council was taken back by his lordship) directed to him from the Lord Lieutenant of Ireland signifying that his majesty’s pleasure is that the said Lord Lieutenant do seize upon all rebels who may have fled to that from this kingdom read and recommended to the members of council to call to mind what rebels any of them may suspect have fled from this to Ireland and to give in their names to the council at their next meeting

1. PC1/48, 418.

1. PC1/48, 418.

Order, 11 October 1692, Edinburgh

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Att Edinburgh the Eleaventh day off October Jaj vjc Nyntie tuo years

A1692/10/21

Order

Councellours not to goe out of the Kingdome

The Lord High Chancellour acquanted the Councill That the Maister of Stair secretarie of state hade signifyed to his Lordship By his majesties Commands That it is his Majesties pleasure that non of his Councill doe repair to London upon accompt of publict busines But that If they have any private effairs to represent They may acquant any one of the secretaries of state therewith And that Conforme hereto His Lordship hes in the vacance wrott to all such Councellours as were in this Kingdome2 for the tyme And the Maister of Forbes who wes then in England being now present in Councill The Lord Chancellour acquanted him herewith which is declared to be a sufficient Intimatione of his majesties pleasure to the Maister

At Edinburgh 11 October 1692

A1692/10/21

Order

Councillors not to go out of the Kingdom

The Lord High Chancellor acquainted the council that the Master of Stair, secretary of state, had signified to his lordship by his majesty’s commands that it is his majesty’s pleasure that none of his council do repair to London upon account of public business but that if they have any private affairs to represent they may acquaint any one of the secretaries of state therewith and that conforming hereto his lordship has in the vacance written to all such councillors as were in this kingdom for the time and the master of Forbes, who was then in England, being now present in council the Lord Chancellor acquainted him herewith which is declared to be a sufficient intimation of his majesty’s pleasure to the master.

1. PC1/48, 417.

2. Three scored out words appear here, which look very like ‘for the tyme’.

1. PC1/48, 417.