Tag Archives: 12 December 1695

Warrant, 12 December 1695, Edinburgh

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Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/311

Warrant

Warrand Doctor Trotter

The Lords of his majesties privie Counsell doe heirby appoint ther clerk in whose hands the patent registers books and papers belonging to the Colledge of phisitians are to exhibite and Lay Downe the Same upon the table within the rowme wher ther colledge meets in presence of Mr Robert Trotter Doctor of medicine present president of the said colledge whom they appoint to receave the patent registers books and papers And be ansuerable for the same in tyme comeing And appoints the keeyes of the roome wher the said colledge does meet now in ther saids clerks hands to be delivered to the persone who is officer to the said colledge of phisitians And that the presmisses be done and performed with Fourtie eight houres efter the date here of

Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/311

Warrant

Warrand Doctor Trotter

The Lords of his majesties privie Counsell doe heirby appoint ther clerk in whose hands the patent registers books and papers belonging to the Colledge of phisitians are to exhibite and Lay Downe the Same upon the table within the rowme wher ther colledge meets in presence of Mr Robert Trotter Doctor of medicine present president of the said colledge whom they appoint to receave the patent registers books and papers And be ansuerable for the same in tyme comeing And appoints the keeyes of the roome wher the said colledge does meet now in ther saids clerks hands to be delivered to the persone who is officer to the said colledge of phisitians And that the presmisses be done and performed with Fourtie eight houres efter the date here of

1. NRS, PC2/26, 61r-61v.

1. NRS, PC2/26, 61r-61v.

Order, 12 December 1695, Edinburgh

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Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/301

Order

Recomendatione Mr James Southerland To the Thesaurie

Anent the petitione given in to the Lords of his majesties privie Counsell be Mr James Southerland maister of the phisick gardine Shewing That in febrwary last The petitioner had gott that north yeard of the Abbay belonging to the Kings palace wher the great Dyall stands and which is neer to the Tinnis Court at which tyme he made applicatione to The Lords of Thesaurie then in towne who promised him all Suteable incouradgement for bringing of it in Levelling and putting the grownd in good order Wherupon he hath ever Since made it his cheese bussienes to cary on that work And hes Spared no necessarie expenss to bring it als great a length as was possible in So Short a tyme haveing had ther this sumer a good cropt of melons and raised many wther curiows annwalls fyne flowers and other plants not ordinary in this Countrie he will also wndertake in a few yeirs to have things in als good order ther as they are about Londone if he be allowed a competence to defray the charges and make such reparationes as shall be fownd needfull particularly reed Hedges to Divyde Shelter and Lay the ground Lown and warm and a green house and a Store to preserve orranges Lemons myrtles with other tender greens and fyne exotick and forraigne plants in winter And seeing the petitioner hes alreadie expended of his own money upwards of Ane Thousand punds Scotts besydes four Hundereth merks yet Due to him of the Fiftie pund Sterleing Drawen by the Lords of Thesaurie out of the vacant Stipends of the paroches of Tarbat and Fearn in Ross upwards of Fiftein moneths ago which the collector aspects is otherwayes applyed And of which the petitioner can recover no payment And therfore craveing that the saids Lords of privie Counsell might recommend the petitioner to the Lords of Thesaurie for reimburseing him of what soumes hee hes alreadie wared out And for what uther incouradgement they shall think fitt for carying on the said work so begun without which the work must cease And the petitioner suffer in reputatione and interest what he is Doeing being more for the honour of the natione the ornament and use of his majesties palace then his own privat behoove As the said petitione bears Which being this day red and considered be the saids Lords of privie Cownsell They heirby recommend to The Lords Commissioners of his majesties Thesaurie to consider and grant the desyre of the said petitione

Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/301

Order

Recomendatione Mr James Southerland To the Thesaurie

Anent the petitione given in to the Lords of his majesties privie Counsell be Mr James Southerland maister of the phisick gardine Shewing That in febrwary last The petitioner had gott that north yeard of the Abbay belonging to the Kings palace wher the great Dyall stands and which is neer to the Tinnis Court at which tyme he made applicatione to The Lords of Thesaurie then in towne who promised him all Suteable incouradgement for bringing of it in Levelling and putting the grownd in good order Wherupon he hath ever Since made it his cheese bussienes to cary on that work And hes Spared no necessarie expenss to bring it als great a length as was possible in So Short a tyme haveing had ther this sumer a good cropt of melons and raised many wther curiows annwalls fyne flowers and other plants not ordinary in this Countrie he will also wndertake in a few yeirs to have things in als good order ther as they are about Londone if he be allowed a competence to defray the charges and make such reparationes as shall be fownd needfull particularly reed Hedges to Divyde Shelter and Lay the ground Lown and warm and a green house and a Store to preserve orranges Lemons myrtles with other tender greens and fyne exotick and forraigne plants in winter And seeing the petitioner hes alreadie expended of his own money upwards of Ane Thousand punds Scotts besydes four Hundereth merks yet Due to him of the Fiftie pund Sterleing Drawen by the Lords of Thesaurie out of the vacant Stipends of the paroches of Tarbat and Fearn in Ross upwards of Fiftein moneths ago which the collector aspects is otherwayes applyed And of which the petitioner can recover no payment And therfore craveing that the saids Lords of privie Counsell might recommend the petitioner to the Lords of Thesaurie for reimburseing him of what soumes hee hes alreadie wared out And for what uther incouradgement they shall think fitt for carying on the said work so begun without which the work must cease And the petitioner suffer in reputatione and interest what he is Doeing being more for the honour of the natione the ornament and use of his majesties palace then his own privat behoove As the said petitione bears Which being this day red and considered be the saids Lords of privie Cownsell They heirby recommend to The Lords Commissioners of his majesties Thesaurie to consider and grant the desyre of the said petitione

1. NRS, PC2/26, 60v-61r.

1. NRS, PC2/26, 60v-61r.

Act, 12 December 1695, Edinburgh

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Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/291

Act

Act Dupine anent a water engine

Anent the petitione given in to the Lords of his majesties privie Councell be Niccolas Dupine Esquire with the carefull and painfull assistance of other ingeniows artists Sheuing That wheras the petitioners have at ther own excessive and verie great coast and charges both in forraigne pairts and at home Contrived and brought to perfectione tho yet never befor knowen airt and misterie of drewing water owt of coall pitts sheffs and armes of any profwnditud whatsoever at a very easie charge for in Twentie fathoms Deep wee can raise in two minuts tyme a twn of water provided the pitt or Sheff will admitt of two Such casks to pass one another And this wee will doe by the Strenth of bibour very easiely for by the trwe proportiones and rwles of Hidrostaticks Hydroneumaticks and Hydrauliacks wee performe our work It is too tedious to informe the Saids Lords of all the properties of this our machin Swch as all maner of Corne mylnes work wher water is Scarce or frozen by Such ane engine as ours is uee can grind by our mans hand als much as any water mylne doeth Also for Draueing of Lochs or bringing of water to any place wher water is wanting or for cleareing of Harboure mouths from great rocks or sand and in a short tyme any vast weight that seemes to be past lifting by mens strenth This our engine Shall lift by one mans Strenth more than twentie men Shall doe being present altogither to the Same lift And the petitioners haveing also made another Lesser Sort of Engine which is fitt and wsefull for furmering and flitting of either mineralls and mettalls or vegitables and for minceing of tallo for tallo chandlers And for one very exact way of cutting tobacco And for cutting of tanners bark at ane much swifter and easier way then yet extant without the assistance of either wynd or water which may be made wse of in any privat house als well as out of Doors All which it will performe by one mans Strenth and more then twentie men will doe without it and severall other very propper conveniencies the petitioners can doe with these ther engines And wheras by the ancient custome of all well giverned2 nationes ther hath allway bein allowed to the inventars or contrivers Some certaine Space of yeirs according as the rarietie of the inventione deserveth and being verie well satisfied of the Saids Lords of privie Councell ther constant practise in the Same to any artist doeth humbly imbolden the petitioners to desyre a patent for fourtein yeirs or Such tyme as the saids Lords pleases under the great seall of this antient kingdome of Scottland And wheras Severall noblemen and gentlemen are about treating with the petitioners concerning ther coall pitts that are Drowned by water the petitioners cannot themselvs sett any of ther engines in work without they be cloathed of the Saids Lords of privie Councells patent in ther favours As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Councell They heirby grant full pouer And Libertie to the petitioners to make wse of his water engine mentioned in the petitione And discharges all wther persones whatsomever to make any such ingine or wse the Same for the Space of Eleven yeirs efter the day and date heirof except the petitioner himself and Such as Shall have Speciall warrand from him for that effect

Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/291

Act

Act Dupine anent a water engine

Anent the petitione given in to the Lords of his majesties privie Councell be Niccolas Dupine Esquire with the carefull and painfull assistance of other ingeniows artists Sheuing That wheras the petitioners have at ther own excessive and verie great coast and charges both in forraigne pairts and at home Contrived and brought to perfectione tho yet never befor knowen airt and misterie of drewing water owt of coall pitts sheffs and armes of any profwnditud whatsoever at a very easie charge for in Twentie fathoms Deep wee can raise in two minuts tyme a twn of water provided the pitt or Sheff will admitt of two Such casks to pass one another And this wee will doe by the Strenth of bibour very easiely for by the trwe proportiones and rwles of Hidrostaticks Hydroneumaticks and Hydrauliacks wee performe our work It is too tedious to informe the Saids Lords of all the properties of this our machin Swch as all maner of Corne mylnes work wher water is Scarce or frozen by Such ane engine as ours is uee can grind by our mans hand als much as any water mylne doeth Also for Draueing of Lochs or bringing of water to any place wher water is wanting or for cleareing of Harboure mouths from great rocks or sand and in a short tyme any vast weight that seemes to be past lifting by mens strenth This our engine Shall lift by one mans Strenth more than twentie men Shall doe being present altogither to the Same lift And the petitioners haveing also made another Lesser Sort of Engine which is fitt and wsefull for furmering and flitting of either mineralls and mettalls or vegitables and for minceing of tallo for tallo chandlers And for one very exact way of cutting tobacco And for cutting of tanners bark at ane much swifter and easier way then yet extant without the assistance of either wynd or water which may be made wse of in any privat house als well as out of Doors All which it will performe by one mans Strenth and more then twentie men will doe without it and severall other very propper conveniencies the petitioners can doe with these ther engines And wheras by the ancient custome of all well giverned2 nationes ther hath allway bein allowed to the inventars or contrivers Some certaine Space of yeirs according as the rarietie of the inventione deserveth and being verie well satisfied of the Saids Lords of privie Councell ther constant practise in the Same to any artist doeth humbly imbolden the petitioners to desyre a patent for fourtein yeirs or Such tyme as the saids Lords pleases under the great seall of this antient kingdome of Scottland And wheras Severall noblemen and gentlemen are about treating with the petitioners concerning ther coall pitts that are Drowned by water the petitioners cannot themselvs sett any of ther engines in work without they be cloathed of the Saids Lords of privie Councells patent in ther favours As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Councell They heirby grant full pouer And Libertie to the petitioners to make wse of his water engine mentioned in the petitione And discharges all wther persones whatsomever to make any such ingine or wse the Same for the Space of Eleven yeirs efter the day and date heirof except the petitioner himself and Such as Shall have Speciall warrand from him for that effect

1. NRS, PC2/26, 59v-60v.

2. Sic.

1. NRS, PC2/26, 59v-60v.

2. Sic.

Act, 12 December 1695, Edinburgh

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Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/281

Act

Act for a voluntar contributione for building a bridge at Qweensferry

The Lords of his majesties privie Councell haveing considered a petitione given in to them be James Dalgleish George Dwndas and James Jamesone present magistrats of the burgh of Qweensferrie They heirby allow a voluntar collectione to be made in all the paroch churches within the Shyres of Edinburgh Haddintowne Linlithgow Pearth Fiffe Stirleing Aberdeen Angws and Mairnes And the burgh of Glasgow for bwilding or perfiteing of ane harboure alreadie begwne at the Sowth Qweensferrie And for helping of the Landing places on the north syde of that ferrie at sight of The Lord Yeaster And that upon Such Lords Days As the petitioners Shall condescend upon And appoints intimatione to be made herewith at the Severall paroch churches wher the Same Shall be collected upon The Lords day imediatly preceeding the day of the collectione And nominats and appoints the said George Dwndas one of the petitioners to be factor for uplifting and ingathering of the Saids collectiones in respect the said factor Hes given bond and fownd cautione acted in the books of privie Counsell That he Shall imploy the money which Shall be collected upon the bwilding and repaireing of the said harboure and helping the Landing places upon the north Syde of the ferrie And that the said Landing places Shall be helped at Sight of the said Lord Yeaster And if ther be any Superplws of the saids collectiones more then Shall be imployed for the wses above mentioned That he Shall make payment of the Same to the Saids Lords of privie Counsell or any whom they Shall appoint And allowed thir presents to be printed

Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/281

Act

Act for a voluntar contributione for building a bridge at Qweensferry

The Lords of his majesties privie Councell haveing considered a petitione given in to them be James Dalgleish George Dwndas and James Jamesone present magistrats of the burgh of Qweensferrie They heirby allow a voluntar collectione to be made in all the paroch churches within the Shyres of Edinburgh Haddintowne Linlithgow Pearth Fiffe Stirleing Aberdeen Angws and Mairnes And the burgh of Glasgow for bwilding or perfiteing of ane harboure alreadie begwne at the Sowth Qweensferrie And for helping of the Landing places on the north syde of that ferrie at sight of The Lord Yeaster And that upon Such Lords Days As the petitioners Shall condescend upon And appoints intimatione to be made herewith at the Severall paroch churches wher the Same Shall be collected upon The Lords day imediatly preceeding the day of the collectione And nominats and appoints the said George Dwndas one of the petitioners to be factor for uplifting and ingathering of the Saids collectiones in respect the said factor Hes given bond and fownd cautione acted in the books of privie Counsell That he Shall imploy the money which Shall be collected upon the bwilding and repaireing of the said harboure and helping the Landing places upon the north Syde of the ferrie And that the said Landing places Shall be helped at Sight of the said Lord Yeaster And if ther be any Superplws of the saids collectiones more then Shall be imployed for the wses above mentioned That he Shall make payment of the Same to the Saids Lords of privie Counsell or any whom they Shall appoint And allowed thir presents to be printed

1. NRS, PC2/26, 59r-59v.

1. NRS, PC2/26, 59r-59v.

Warrant, 12 December 1695, Edinburgh

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Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/271

Warrant

Warrand Fothringham of Pourie

The Lords of his majesties privie Counsell being informed that Fothringham of Pouries father is sick and Likely to die They Doe heirby allow Fothringham of Pourie younger to visit his his2 father In respect he hes given bond And found sufficient cautione acted in the books of privie Counsell that he shall make ansuer to the complaint given in be the Comissioners of the army against him or any Letters or lybell which shall be raised theron whensoever he shall be called or cited for that effect And that he shall attend the haill dyets of proces from tyme to tyme and satisfie and fullfill the sentence of Counsell to be pronunced in that affair And that wnder the penaltie of Ane Hundered punds Sterline by and attowr performance

Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/271

Warrant

Warrand Fothringham of Pourie

The Lords of his majesties privie Counsell being informed that Fothringham of Pouries father is sick and Likely to die They Doe heirby allow Fothringham of Pourie younger to visit his his2 father In respect he hes given bond And found sufficient cautione acted in the books of privie Counsell that he shall make ansuer to the complaint given in be the Comissioners of the army against him or any Letters or lybell which shall be raised theron whensoever he shall be called or cited for that effect And that he shall attend the haill dyets of proces from tyme to tyme and satisfie and fullfill the sentence of Counsell to be pronunced in that affair And that wnder the penaltie of Ane Hundered punds Sterline by and attowr performance

1. NRS, PC2/26, 59r.

2. Sic.

1. NRS, PC2/26, 59r.

2. Sic.

Decreet, 12 December 1695, Edinburgh

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Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/261

Decreet

Interloquitor Charles Jack

A petitione given in be Charles Jack merchand in Edinburgh Against importers and ventners of brandie and forraigne Liqwors being red And The Lords of his majesties privie Councell haveing considered the said petitione They heirby allow generall Letters Against all and sundrie for the particulars mentioned in the said petitione only to the effect that he may wse poynding therupon But declares that nether dennunceatione nor Captione are to follow upon these Letters And if denunceatione or Captione follow the same shall be null and no escheat shall fall upon the denunceatione

Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/261

Decreet

Interloquitor Charles Jack

A petitione given in be Charles Jack merchand in Edinburgh Against importers and ventners of brandie and forraigne Liqwors being red And The Lords of his majesties privie Councell haveing considered the said petitione They heirby allow generall Letters Against all and sundrie for the particulars mentioned in the said petitione only to the effect that he may wse poynding therupon But declares that nether dennunceatione nor Captione are to follow upon these Letters And if denunceatione or Captione follow the same shall be null and no escheat shall fall upon the denunceatione

1. NRS, PC2/26, 59r.

1. NRS, PC2/26, 59r.

Act, 12 December 1695, Edinburgh

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Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/251

Act

[Pole Money]

Anent the petitione Given in to the Lords of his majesties privie Counsell be Sir Robert Cheisly Lord proveist of Edinburgh and remanent magestrats of the said burgh for themselvs And haill inhabitants within ther priviledges Shewing That wher The saids Lords of privie Counsell by ther proclamatione haveing prorogat the Day of sending in the list of the poleable persones within this kingdome to the thesaurie into the first day of November last bypast because of the Latenes of the harvest And the List of all the persones poleable within the toune of Edinburgh and priviledges therof being now fullie made up and abstracted therof readie to be given in to the Thesaurer And ther being as yet Litle or no payment made of the polemoney within the Threttie Dayes efter mertimes And that it is appointed by the act of parliament imposeing the polemoney That the Samen Should be payed punctuallie at the terme of Mertimes or within threttie Dayes therefter under the paine of paying Double and of paying quadruple if payment be not made within other threttie dayes therefter Wherby John Hunter merchand in Edinburgh collector of the Supply therof whom in obedience the Saids Lords of privie Counsells orders they have appointed collector of their polemoney for the towne of Edinburgh Cannongate Sowth and north Leith is at ane wncertaintie how to receave the said polemoney now efter Mertimes whither he Should receave the single pole of each persone and Discharge them in the termes of the act of parliament or Should exact the Double And Seing it were a heavie burden to the inhabitants of this burgh and suburbs therof to be made lyable in the Double So imediatly efter elapseing of the threttie Dayes And when within the Threttie dayes the books and lists were not soe completely made up as that the magistrats and ther collectors could make intimatione to the inhabitants to pay ther pole As the said petitione bears Which being this day red in presence of the saids Lords of privie Counsell and they haveing atlenth considered the said They Doe heirby prorogat the dyet appointed for payment of the polemoney within the burgh of Edinburgh priviledges Suburbs precincts therof untill the first Day of June next to come And ordaines intimatione heirof to be made at the paroch churches within The bounds foresaids And allowes the said John Hunter collector of the said polemoney within the bounds foresaids to receave the single pole from these who shall pay betuixt and the said day with certificatione that whoever failes in payment within that tyme shall be lyable for the double And appoints the collector to receave and be comptable accordingly

Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/251

Act

[Pole Money]

Anent the petitione Given in to the Lords of his majesties privie Counsell be Sir Robert Cheisly Lord proveist of Edinburgh and remanent magestrats of the said burgh for themselvs And haill inhabitants within ther priviledges Shewing That wher The saids Lords of privie Counsell by ther proclamatione haveing prorogat the Day of sending in the list of the poleable persones within this kingdome to the thesaurie into the first day of November last bypast because of the Latenes of the harvest And the List of all the persones poleable within the toune of Edinburgh and priviledges therof being now fullie made up and abstracted therof readie to be given in to the Thesaurer And ther being as yet Litle or no payment made of the polemoney within the Threttie Dayes efter mertimes And that it is appointed by the act of parliament imposeing the polemoney That the Samen Should be payed punctuallie at the terme of Mertimes or within threttie Dayes therefter under the paine of paying Double and of paying quadruple if payment be not made within other threttie dayes therefter Wherby John Hunter merchand in Edinburgh collector of the Supply therof whom in obedience the Saids Lords of privie Counsells orders they have appointed collector of their polemoney for the towne of Edinburgh Cannongate Sowth and north Leith is at ane wncertaintie how to receave the said polemoney now efter Mertimes whither he Should receave the single pole of each persone and Discharge them in the termes of the act of parliament or Should exact the Double And Seing it were a heavie burden to the inhabitants of this burgh and suburbs therof to be made lyable in the Double So imediatly efter elapseing of the threttie Dayes And when within the Threttie dayes the books and lists were not soe completely made up as that the magistrats and ther collectors could make intimatione to the inhabitants to pay ther pole As the said petitione bears Which being this day red in presence of the saids Lords of privie Counsell and they haveing atlenth considered the said They Doe heirby prorogat the dyet appointed for payment of the polemoney within the burgh of Edinburgh priviledges Suburbs precincts therof untill the first Day of June next to come And ordaines intimatione heirof to be made at the paroch churches within The bounds foresaids And allowes the said John Hunter collector of the said polemoney within the bounds foresaids to receave the single pole from these who shall pay betuixt and the said day with certificatione that whoever failes in payment within that tyme shall be lyable for the double And appoints the collector to receave and be comptable accordingly

1. NRS, PC2/26, 58r-59r.

1. NRS, PC2/26, 58r-59r.

Sederunt, 12 December 1695, Edinburgh

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Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs1

D1695/12/242

Sederunt

Lord Chancellour; Duke of Qweensberrie; Earl of Southerland; Earl of Forfar; Lord Yester; Viscount Tarbatt; Lord Carmichael; Lord Polwarth; Lord Advocat; Lord Justiceclerk; Lord Anstruther; Laird of Blackbarronie; Laird of Stevensone; Sir George Campbell

Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs1

D1695/12/242

Sederunt

Lord Chancellour; Duke of Qweensberrie; Earl of Southerland; Earl of Forfar; Lord Yester; Viscount Tarbatt; Lord Carmichael; Lord Polwarth; Lord Advocat; Lord Justiceclerk; Lord Anstruther; Laird of Blackbarronie; Laird of Stevensone; Sir George Campbell

1. NRS, PC2/26, 58r

2. NRS, PC2/26, 58r.

1. NRS, PC2/26, 58r

2. NRS, PC2/26, 58r.

Act, 12 December 1695, Edinburgh

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At Edinburgh thursday the tuelth day of December Jaj vjc nynty and fyve years

A1695/12/151

Act

Act Mr McQueen and Mr Nicolsone in Sky.

Anent the petitione given in to the Lords of his majesties privy Councill by Mr Donald McQueen and Master Donald Nicolsone ministers of the respective Paroches of Snisfoord and St Maries in Troterness in the isle of Skye and in name and behalf of their brethreen ministers of the Long Island Shewing that where the said petitioners by their distance from Edinburgh being under ane invincible ignorance of the Late act of parliament anent the alleadgeance and assureance could not possibly come to Inverness which lyes ane Hundred and fourty myles from some and eighty myles from the nearest of the petitioners there to find a magistrat before whom they might take the benefit thereof within the dayes allowed by the act There being noe persone thereby authorized nearer to any of them then that place And seeing the said petitioners not only signified ther willingness if it had been possible to doe it before2 Sir Donald McDonald their Cheiff Heretor, before that tyme elapsed but are yet most readie as farr as is possible for them to deserve the protectione of his majesties Laws and government and therefore humbly Craveing in maner and to the effect aftermentioned as the said petitione bears The Lords of his Majesties privy Councill haveing Considered the foresaid petitione given in to them by the said Masters Donald McQueen and Donald Nicolsone They Hereby yet allow the said two ministers to take the oath of alleadgeance and assureance And gives full power to Collonell Hill or the Shirriff of Inverness or his Deputs or any other persone whom they shall appoynt who are qualified themselves to administrat the same to them And Refuiseth the desyre of this petitione as to the Brethreen ministers of the Long Island and ordains the persons before whom the said ministers shall take the oath of alleadgeance and signe the assureance to report the principall oath and assureance so subscryved by them to the Clerks of privy Councill betwixt and the first day of May next to come

At Edinburgh thursday the tuelth day of December Jaj vjc nynty and fyve years

A1695/12/151

Act

Act Mr McQueen and Mr Nicolsone in Sky.

Anent the petitione given in to the Lords of his majesties privy Councill by Mr Donald McQueen and Master Donald Nicolsone ministers of the respective Paroches of Snisfoord and St Maries in Troterness in the isle of Skye and in name and behalf of their brethreen ministers of the Long Island Shewing that where the said petitioners by their distance from Edinburgh being under ane invincible ignorance of the Late act of parliament anent the alleadgeance and assureance could not possibly come to Inverness which lyes ane Hundred and fourty myles from some and eighty myles from the nearest of the petitioners there to find a magistrat before whom they might take the benefit thereof within the dayes allowed by the act There being noe persone thereby authorized nearer to any of them then that place And seeing the said petitioners not only signified ther willingness if it had been possible to doe it before2 Sir Donald McDonald their Cheiff Heretor, before that tyme elapsed but are yet most readie as farr as is possible for them to deserve the protectione of his majesties Laws and government and therefore humbly Craveing in maner and to the effect aftermentioned as the said petitione bears The Lords of his Majesties privy Councill haveing Considered the foresaid petitione given in to them by the said Masters Donald McQueen and Donald Nicolsone They Hereby yet allow the said two ministers to take the oath of alleadgeance and assureance And gives full power to Collonell Hill or the Shirriff of Inverness or his Deputs or any other persone whom they shall appoynt who are qualified themselves to administrat the same to them And Refuiseth the desyre of this petitione as to the Brethreen ministers of the Long Island and ordains the persons before whom the said ministers shall take the oath of alleadgeance and signe the assureance to report the principall oath and assureance so subscryved by them to the Clerks of privy Councill betwixt and the first day of May next to come

1. NRS, PC1/50, 292.

2. The phrase ‘that tyme’ scored out here.

1. NRS, PC1/50, 292.

2. The phrase ‘that tyme’ scored out here.

Decreet, 12 December 1695, Edinburgh

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At Edinburgh thursday the tuelth day of December Jaj vjc nynty and fyve years

A1695/12/141

Decreet

Decreet Lord Advocat q. Mr Barkly and Peterheid etc

In the Lybell or Letters of Complaint purchased and raised before the Lords of privie Councill at the instance of his majesties right trustie and welbeloved Sir James Stueart his majesties Advocat for his Highness interest in the matter underwrytten as also haveing ordor from the Lords of his majesties privy Councill for that effect That where by the sexth act of the parliament Jaj vjc nynty and three years intituled act for takeing the oath of alleadgeance and assureance It is statute and ordained That all preachers and ministers of the Gospell als weill as the other persons mentioned in the said act swear the oath of alleadgeance and subscryve the same with the assureance as they are subjoyned to the said act and that betwixt and the tuenty day of June in the year foresaid Which day for the said preachers and ministers was by the thretty seventh act of the same parliament prorogate to the tenth of July then next to come ordaining them to give obedience to the foresaid act betwixt and the said day peremptorie And because that many of the said Preachers and ministers did notwithstanding of the foresaid act and the dayes therein assigned neglect or delay to take and swear the foresaid oath of alleadgeance and subscryve the same with the assureance it pleased his Majestie with advyse and Consent of the Estates of parliament by ane other act of the sexteenth of July Last to allow all ministers that were at the tyme of his majesties happy accession to the Croun and Have since continowed actuall ministers in particular Paroches and noe sentance of deposition or deprivatione past against them and who had not qualified themselves conforme to the foresaid acts Jaj vjc nynty and three years a new and farder day viz the first of September Last bypast to come in and take the said oath of alleadgeance and to subscryve the same with the assureance betwixt and the said day in maner therein prescribed with certificatione That such of the said ministers as should not come in betwixt and the said day are thereby and by the force of the said act ipso facto deprived of ther respective kirks and Stipends and the same declared vaccant without any farder Sentance, as the said act of parliament bears Nevertheless it of verity That Master Alexander Barklay Minister at Peterhead contemneing his majesties authority and Laws and abuseing the forbearance and Indulgence showed to Him In this matter have not come in and taken the said oath of alleadgeance and subscryved the same with the assureance betwixt and the said first day of September now bypast conforme to the appoyntment of the said Last act and therby Have incurred the certificatione thereof and therefore He being ipso facto depryved of his kirk and stipend and the same declared vaccant as said is He aught to be decerned to remove from his kirk manse and gleib and that betwixt and a short day to be given for that effect as also He aught to be discharged for hereafter to exercise any part of his ministeriall functione within his said paroch under the paine of banishment And anent the charge given to the said defender To have compeared before the said Lords of privy Councill at ane certaine day bygane To have answered to the said Complaint And to have heared and seen such ordor and Course taken thereanent as they shall find just under the paine of Rebellione and putting of him to the Horne with certificatione etc as in the principall Letters or Lybell of Complaint raised in the said matter at more Lenth is contained Which Lybell or Letters of Complaint being this day called in presence of the said Lords of his Majesties privy Councill and His majesties Advocat and Sir James Oglivie his Majesties Sollicitor Compearing personally for his majesties interest as pursuers and the said Mr Alexander Barklay defender Compearing also personally He acknowledged in face of Councill That he hes not taken the said oath of alleadgeance and assureance as is appoynted by the act of parliament And therfore the Councill depryves the said Master Alexander Barklay from his kirk and benefice as minister of Peterhead and Declairs the said kirk of Peterhead vaccant and Discharges Him to exercise any part of the ministeriall functione within the said paroch and ordains Him to remove from the manse and gleib thereof and to leave the same void and redd betwixt and the fyfteen day of may next to come under the paine of banishment And ordaines Letters of Horneing on fyfteen dayes and others needfull to be direct hereupon under the Signet of Councill in forme as effeires

At Edinburgh thursday the tuelth day of December Jaj vjc nynty and fyve years

A1695/12/141

Decreet

Decreet Lord Advocat q. Mr Barkly and Peterheid etc

In the Lybell or Letters of Complaint purchased and raised before the Lords of privie Councill at the instance of his majesties right trustie and welbeloved Sir James Stueart his majesties Advocat for his Highness interest in the matter underwrytten as also haveing ordor from the Lords of his majesties privy Councill for that effect That where by the sexth act of the parliament Jaj vjc nynty and three years intituled act for takeing the oath of alleadgeance and assureance It is statute and ordained That all preachers and ministers of the Gospell als weill as the other persons mentioned in the said act swear the oath of alleadgeance and subscryve the same with the assureance as they are subjoyned to the said act and that betwixt and the tuenty day of June in the year foresaid Which day for the said preachers and ministers was by the thretty seventh act of the same parliament prorogate to the tenth of July then next to come ordaining them to give obedience to the foresaid act betwixt and the said day peremptorie And because that many of the said Preachers and ministers did notwithstanding of the foresaid act and the dayes therein assigned neglect or delay to take and swear the foresaid oath of alleadgeance and subscryve the same with the assureance it pleased his Majestie with advyse and Consent of the Estates of parliament by ane other act of the sexteenth of July Last to allow all ministers that were at the tyme of his majesties happy accession to the Croun and Have since continowed actuall ministers in particular Paroches and noe sentance of deposition or deprivatione past against them and who had not qualified themselves conforme to the foresaid acts Jaj vjc nynty and three years a new and farder day viz the first of September Last bypast to come in and take the said oath of alleadgeance and to subscryve the same with the assureance betwixt and the said day in maner therein prescribed with certificatione That such of the said ministers as should not come in betwixt and the said day are thereby and by the force of the said act ipso facto deprived of ther respective kirks and Stipends and the same declared vaccant without any farder Sentance, as the said act of parliament bears Nevertheless it of verity That Master Alexander Barklay Minister at Peterhead contemneing his majesties authority and Laws and abuseing the forbearance and Indulgence showed to Him In this matter have not come in and taken the said oath of alleadgeance and subscryved the same with the assureance betwixt and the said first day of September now bypast conforme to the appoyntment of the said Last act and therby Have incurred the certificatione thereof and therefore He being ipso facto depryved of his kirk and stipend and the same declared vaccant as said is He aught to be decerned to remove from his kirk manse and gleib and that betwixt and a short day to be given for that effect as also He aught to be discharged for hereafter to exercise any part of his ministeriall functione within his said paroch under the paine of banishment And anent the charge given to the said defender To have compeared before the said Lords of privy Councill at ane certaine day bygane To have answered to the said Complaint And to have heared and seen such ordor and Course taken thereanent as they shall find just under the paine of Rebellione and putting of him to the Horne with certificatione etc as in the principall Letters or Lybell of Complaint raised in the said matter at more Lenth is contained Which Lybell or Letters of Complaint being this day called in presence of the said Lords of his Majesties privy Councill and His majesties Advocat and Sir James Oglivie his Majesties Sollicitor Compearing personally for his majesties interest as pursuers and the said Mr Alexander Barklay defender Compearing also personally He acknowledged in face of Councill That he hes not taken the said oath of alleadgeance and assureance as is appoynted by the act of parliament And therfore the Councill depryves the said Master Alexander Barklay from his kirk and benefice as minister of Peterhead and Declairs the said kirk of Peterhead vaccant and Discharges Him to exercise any part of the ministeriall functione within the said paroch and ordains Him to remove from the manse and gleib thereof and to leave the same void and redd betwixt and the fyfteen day of may next to come under the paine of banishment And ordaines Letters of Horneing on fyfteen dayes and others needfull to be direct hereupon under the Signet of Councill in forme as effeires

1. NRS, PC1/50, 289-90.

1. NRS, PC1/50, 289-90.