Act, 13 December 1692, Edinburgh

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Act

Act Heretors of Trailflat and Tindwell for stipend

Anent the petitione Given in to the Lords of there majesties privie Councill be Sir Robert Dalziell of Glenae undoubted patron of the paroch kirk and pariochine of Traillflatt And Robert Maxwell of Tindwell undoubted patrone of the paroch kirk and pariochine of Tinwall Shewing That where albeit the saids tuo paroches be unitted yet the Minister thereof hes been in constant use and Custome to preach three Sundayes in the kirk of Tindwall And the Fourth in the said kirk of Traillflatt And sieing that the saids tuo churches are Lyke to become ruinous And alse the manse of Tindwall where the minister uses to Live And there being tuo years vacand stipends of the saids unitted paroches which the petitioners as patrones might dispose of For pious uses within the paroch in the termes of the act of parliament viz The years Jaj vjc and nyntie one and Jaj vjc nyntie tuo yet the petitioners are Content that the saids Lords Interpone there authority And ordaine the respective vacand stipend of the saids tuo unitted paroches To be Applyed In maner following viz The vacand stipend of Tindwall for the saids tuo years for repairing of the Kirk and manse of Tindwall And the vacand stipend of Traillflatt for the saids tuo years for repairing of the Kirk of Traillflatt And therefore Craveing to the effect underwreitten as the said petitione bears The Saids Lords of there majesties privie Councill haveing Considered this petitione Given in to them be the above Sir Robert Dalziell and Robert Maxwell They hereby allow the stipend of the above kirk of Tindwall for the cropts and years of God Jaj vjc and nyntie one and Jaj vjc and nyntie tuo To be Imployed for repairing the kirk and manse of Tindwall and allowes the stipend of the said kirk of Traillflatt To be Imployed of the saids tuo years for repairing of the said kirk of Traillflatt And nominates and appoints John Broun factor to the said Robert Maxwell of Tinwall To be factor for uplifting the saids stipends for both the saids tuo years and ordaines him to be readiely ansured obeyed and payed of the saids stipends be the present heretors wodsetters Lyfrenters titulars tacksmen of teynds tennents possessors and others Lyable In payment of the saids tuo stipends And ordaines Letters of horning under the signet of Councill to be direct hereon upon production of them to make payment of there respective proportiones of the [same] as they shall be decerned be the Judge ordinarie In respect the said factor hes found sufficient Cautione acted in the books of privie Councill That he shall Imploy the saids stipends for the ends above wreitten.

At Edinburgh 13 December 1692

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Act

Act for the heritors of Trailflat and Tinwald for stipend

Regarding the petition given in to the lords of their majesty’s privy council by Sir Robert Dalziel of Glenae, undoubted patron of the parish kirk and parish of Trailflat, and Robert Maxwell of Tinwald, undoubted patron of the parish kirk and parish of Tinwald, showing that where albeit the said two parishes are united, yet the minister thereof has been in constant use and custom to preach three Sundays in the kirk of Tinwald and the fourth in the said kirk of Trailflat, and seeing that the said two churches are likely to become ruinous and as the manse of Tinwald where the minister lives and there being two years’ vacant stipends of the said united parishes which the petitioners as patrons might dispose of for pious uses within the parish in the terms of the act of parliament, viz 1691 and 1692, yet the petitioners are content that the said lords interpose their authority and ordain the respective vacant stipends of the said two united parishes to be applied in the manner following, viz: the vacant stipend of Tinwald for the said two years for repairing of the kirk and manse of Tinwald, and the vacant stipend of Trailflat for the said two years for repairing the kirk of Trailflat, 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 Sir Robert Dalziel and Robert Maxwell, they hereby allow the stipend of the above kirk of Tinwald for the crops and years of God 1691 and 1692 to be employed for repairing the kirk and manse of Tinwald and allow the stipend of the said kirk of Trailflat to be employed from the said two years for repairing the said kirk of Trailflat, and they nominate and appoint John Brown as factor to the said Robert Maxwell of Tinwald to be factor for uplifting the said stipends for both the said two years and ordain him to be readily answered, obeyed and paid of the said stipends by the present heritors, wadsetters, liferenters, titulars, tacksmen of teinds, tenants, possessors and others liable for payment of the said two stipends, and they ordain letters of horning under the signet of council to be directed hereon upon production of them to make payment of their respective proportions of the [same] as they shall be discerned by the judge ordinary in respect that the said factor has found sufficient caution acted in the books of privy council that he shall employ the said stipends for the ends above written.

1. PC1/48, 507-8.

1. PC1/48, 507-8.

Procedure: remit, 13 December 1692, Edinburgh

Att Edinburgh the Thretteinth day off December Jaj vjc nyntie tuo years

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Procedure: remit

Remitt to the magistrats of Edinburgh anent William Davidson

The Lords of there Majesties privie Councill doe hereby Remitt to the Magistrates of Edinburgh to examine […] Davidsone wreitter in Edinburgh who is prisoner in there tolbooth for wreitting of false news And upon finding him Guiltie Authorizes the saids magistrats to delyver him to any of the officers who are come from Flanders for recruitts upon the officers Giveing surety That he shall transport him a souldier for there majesties service to Flanders

At Edinburgh 13 December 1692

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Procedure: remit

Remitt to the magistrates of Edinburgh concerning William Davidson

The lords of their majesties’ privy council hereby remit to the magistrates of Edinburgh to examine […] Davidson, writer in Edinburgh, who is a prisoner in their tolbooth for writing of false news, and upon finding him guilty, authorises the said magistrates to deliver him to any of the officers who have come from Flanders for recruits, upon the officer’s giving surety that he shall transport him a soldier for their majesties’ service to Flanders.

1. PC1/48, 507.

1. PC1/48, 507.

Procedure: committee, 13 December 1692, Edinburgh

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Procedure: committee

Comittee anent persones who shall be pressed as souldiers

The Lords of there Majesties privie Councill doe hereby nominat and appoint the Viscount of Tarbat The Lord Cardross Lord Justice Clerk Lord Hattoun and Laird of Blackbarrony or any three of them to be a Comittee for receaveing and considering all Complaints which shall be made to them for any2 persones alleadged wrongously seized as deserters or as haveing taken on in the present Levies for there majesties service in Flanders with power to the said Comittee or there said quorum to Issue furth orders for Liberating such of these persones as they shall find to be unjustly seized And appoints the Comittee to call for and examine such of the officers who are come over for recruitts as they shall think fitt And with them to advyse and concert what methods are to be followed in makeing up of the saids recruitts with the greatest facility to there majesties service and with securitie to there majesties subjects from all unwarrantable and violent seizure And appoints the said Comittee to meett each day at ten in the forenoon untill the Levyes or recruitts be Compleatted.

At Edinburgh 13 December 1692

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Procedure: committee

Committee concerning persons who shall be pressed as soldiers

The lords of their majesties’ privy council hereby nominate and appoint Viscount of Tarbat, Lord Cardross, lord justice clerk, Lord Hatton and the laird of Blackbarony or any three of them to be a committee for receiving and considering all complaints which shall be made to them for any persons alleged wrongfully seized as deserters or as having enlisted in the present levies for their majesties’ service in Flanders, with power to the said committee or their said quorum to issue orders for liberating such of those persons as they shall find to be unjustly seized; and they appoint the committee to call for and examine such of the officers who are come over for recruits as they shall think fit, and with them to advise and agree what methods are to be followed in making up of the said recruits with the greatest facility to their majesties’ service and with security to their majesties’ subjects from all unwarrantable and violent seizure; and they appoint the said committee to meet each day at ten in the forenoon until the levies or recruits are completed.

1. PC1/48, 506-7.

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

1. PC1/48, 506-7.

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

Procedure: petition, 13 December 1692, Edinburgh

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Procedure: petition

Petitione anent a ryot and murder Comitted at Burghtoun be Ensigne Campbell

The Lords of there Majesties privie Councill haveing Considered a petitione Given in to them be Thomas Fisher present Theasurer to Herriotts Hospitall for himself and in name and behalf of the remanent heretors and Inhabitants within the barronie and regality of burghtoun belonging to the said Hospitall and other Heretors and Inhabitants2 adjacent thereto, Compleaning of a ryott Comitted be […] Campbell Ensigne in D’Offerrells regiment upon the Inhabitants And the Lord High Chancellour haveing acquanted there Lordships That he hes Given order for apprehending the said Ensigne The Saids Lords doe hereby appoynt a proclamation to be drawen and published for seizing the said Ensigne Campbell wherever he may be apprehended And Inhibiteing any persone to harbor or conceall him And nominates and appoints the Lord Hattoun and Sir William Lockhart there majesties sollicitor a Comittee to examine the petitioners with power to sett them at Liberty If they shall find cause And Recomends to the Said Sir William Lockhart to examine […] Sutherland a souldier Lyeing wounded in Coldtoun of His wounds which he received at Burghtoun yesternight And to take alongst with him Thomas Fisher who knowes the petitioners case.

At Edinburgh 13 December 1692

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Procedure: petition

Petition concerning a riot and murder committed at Broughton by Ensign Campbell

The lords of their majesties’ privy council, having considered a petition given in to them by Thomas Fisher, present treasurer of Herriot’s Hospital, for himself and in name and behalf of the other heritors and inhabitants within the barony and regality of Broughton belonging to the said hospital and other heritors and inhabitants adjacent thereto, complaining of a riot committed by […] Campbell, ensign in [Colonel Francis] O’Farrell’s regiment upon the inhabitants, and the lord high chancellor having acquainted their lordships That he has given order for apprehending the said ensign, the said lords hereby appoint a proclamation to be drawn and published for seizing the said ensign Campbell wherever he may be apprehended and inhibiting any person to harbour or conceal him, and they nominate and appoint Lord Hatton and Sir William Lockhart, their majesties’ solicitor, as a committee to examine the petitioners, with power to set them at liberty if they shall find cause, and they recommend to the Said Sir William Lockhart to examine […] Sutherland, a soldier lying wounded in Calton, of his wounds which he received at Broughton last night, and to take along with him Thomas Fisher who knows the petitioner’s case.

1. PC1/48, 506.

2. The word ‘belonging’ is scored-out here.

1. PC1/48, 506.

2. The word ‘belonging’ is scored-out here.

Sederunt, 13 December 1692, Edinburgh

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Sederunt

Lord Chancellour; Earl of Linlithgow; Earl of Breadalbaine; Viscount Tarbatt; Viscount Stair; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Justice Clerk; Lord Hattoun; Lord Fountainhall; Lord Enstruther; Mr Frances Montgomery; Laird of Grant; Laird of Blackbarrony; Laird of Steivinstoun; Sir William Lockhart

At Edinburgh 13 December 16921

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Sederunt

[John Jay, earl of Tweeddale], lord chancellor; [George Livingstone], earl of Linlithgow; [John Campbell], earl of Breadalbane; [George MacKenzie], Viscount Tarbat; [James Dalrymple], Viscount Stair; [Alexander Melville], Lord Raith; [Henry Erskine], Lord Cardross; [John Hamilton], Lord Belhaven; [Sir Adam Cockburn of Ormiston], lord justice clerk; [John Lauder], Lord Hatton; [John Lauder], Lord Fountainhall; [William Anstruther], Lord Anstruther; Mr Francis Montgomery; [Ludovic Grant], laird of Grant; [Sir Archibald Murray], laird of Blackbarony; [Sir Robert Sinclair], laird of Stevenson; Sir William Lockhart.

1. PC1/48, 506.

2. PC1/48, 506.

1. PC1/48, 506.

2. PC1/48, 506.