D1694/3/21
D1694/3/212
Sederunt
Lord Chancelor; Earl of Melvill LPS; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Fountonhall; Lord Enstruther; Sir Thomas Liveingstoune
1. NRS, PC2/24, 370r.
2. NRS, PC2/24, 370r.
1. NRS, PC2/24, 370r.
2. NRS, PC2/24, 370r.
A1694/3/30
A1694/3/301
Proclamation
William and Mary by the Grace of god King and Queen of Great Brittaine France and Ireland defenders of the faith To our Lyon King at arms and his brethren heraulds Macers of our privie Councell pursevants messengers at arms our shirreffs in that part Conjunctlly and severallie speciallie Constitut Greeting Forasmuch as by the sixth Act of the fourth session of our Current parliament It was statut for a further securitie to the protestant religion and our government in this present exigence That both the persons therin particularly specified and all other persons whither ranked in the said Act or not who shall not suear the oath of alleadgance and subscribe the same and assurance subjoyned to the said Act should not be alloued to keep any horses above a hundred merks scotts or any sort of arms more then a walking suord Certifying such as shall be found to have horses and arms Contrary to this provisione aither in their oune or in the keeping of others That both the ouner and the Keeper shall Incurr the penaltie of one Thousand merks scotts The one halfe to the Informer and the other to us And the Lords of our privie Councill are authorised and Impoured to take such farder effectuall methods for disarming these persons and seising of their horses above the forsaid value as they shall Judge necessary And we being resolved that the forsaid Act be effectuallie putt to executione Doe therfore with advyce of the Lords of our privie Councill Command and charge all persons of whatsoever Degree or rank without exception who have not already qualified themselves by deuly suearing and subscribing the forsaid oath of alleadgance and subscribing the forsaid assurance or who shall not qualifie themselves by suearing and subscribing as said is before the shirreffs steuarts Baillies Justices of peace or other Judges ordinary of the Jurisdiction within the which they Live or their deputes betuixt and the third and Eleventh dayes of Apryle nixt viz These on this syde of the water of Tay betuixt and the said third day And these on the other syde betuixt and the said Eleventh day And report ane authentick Certificat therof subscribed by the said Judge and his Clerk to delyver up all their horses above the forsaid value of a hundred merks the head whither in their oune keeping or in the keeping of any others with all sorts of arms that they have aither in their oune keeping or in the keeping of others more then a walking suord betuixt and the forsaids dayes to the same Judge at the tolbooth of the head burgh of the forsaid Jurisdiction within which they Live which horses and arms so Delyvered are to be rouped by the said Judge the first mercat day therafter to the best availl and the pryce is to be given to the delyverer and ouner forsaid Certifying all such as shall Contraveen and not give readie obedience heirunto keeping aither their oune or other mens horse or arms Contrary to the provision forsaid betuixt and the forsaids dayes they shall Incurr the forsaid penaltie of ane Thousand merks The one halfe to us and the other halfe to the Informer and that over and above the Loss of the horses and arms with this provision nevertheless that the saids horses admitted as above are also to be rouped to the best availl In manner aboveprescribed and the price reckoned and Compted in part of payment of the forsaid penaltie pro tanto And It is heirby declared that it shall be sufficient for the Informer to Challeng the keeper of the said horse or arms Contrary to the forsaid act And to Conveen them summarlie upon a charge of six dayes before the Judge ordinary of the bounds And to referr if he think fitt the forsaid having or keeping to their oaths Instead of all further probatione wherupon Decreit shall be pronunced unles the forsaid authentick Certificat be produced uithout farder delay And we uith advyce forsaid Discharge all Advocation or suspension to be given in the premisses upon any pretext And farder doe heirby Requyre all the forsaids shirreffs baillies Justices of the peace and other Judges ordinary and their deputs to make dilligent Inquyrie uithin their respective bounds for the saids horse and arms and the keepers and havers therof Contrary to the forsaid act and to Cause execute the same against them as they uill be ansuerable to us upon their highest perrill Our will is heirfore And ue Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and to the mercat crosses of the remanent head burghs of the severall shires of this our antient kingdome And ther In our name and authority by open proclamatione make publication heirof That none may pretend ignorance And ordains these presents to be printed Given under our signet at Edinburgh the threttienth day of March and of our reigne the fifth year 1694 sic subscribitur Tueeddale cancel: Melvill p:s: Southerland Linlithgow Leven Annandale Forfar Tarbat Raith Ross
1. NRS, PC1/49, 310-12.
1. NRS, PC1/49, 310-12.
A1694/3/29
A1694/3/291
Proclamation
William and Mary2 by the Grace of god King of Great Brittain France and Ireland defender of the faith To […] Macers of our privie Councill messengers at arms our shirreffs In that part Conjunctlly and sevearllie specially Constitut Greeting Forasmuchas the Importing of victuall horse and Coues from Ireland into this kingdome hath been by diverse Laues and acts of parliament made in tyme of our royall predecessors Discharged under great pains notwithstanding wherof and by reasone of the unsetled state of both kingdoms the observation of the saids Laues hath been of Late much neglected And we being resolved that due and exact obedience shall be given to the saids Laues for the tyme to Come And that they shall be execute with all rigor against such as transgress the same Therfore we with advyce of the Lords of our privie Councill strictly prohibite and discharge the Importing of any meall or other victuall whatsoever or of any horse mares or Coues from the said Kingdome of Ireland into this kingdome aither by the natives therof or Inhabitants in Ireland or any other forraigners whatsoever from and after the day and date heirof under the paines and penalties follouing viz as to the Importing of any meall and other victuall That all the meall and victuall shall be Imported shall be sunk and destroyed And the seizer or discoverer for his reuard shall have the boat bark or vessell wherin the said meall or victuall shall be Imported to dispose off at his pleasure Conform to the fourteenth Act of the Parliament Jaj vic Eightie six As also the halfe of the fynes Imposed upon the Importers resetters and heretors by the third act third session parliament second Charles the second And as to the Importing of horses Coues and other Cattell that noe horse mare Coues or other Catle whatsoever shall be Imported from Ireland to this kingdome under the paine and penaltie of forefaulting therof And furder under the paine of paying the soume of ane Hundreth merks scotts for each beast that shall be soe Imported The one halfe of both the beasts and fynes to belong to the seiser and discoverer and the other halfe to us and our Thesaurie And we with advice forsaid prohibite and Discharge any persone or persons whatsoever to buy use or retaile any Irish meall or victuall or Resett or buy any horses mares or nolt that they know to be Imported out of Ireland after the day forsaid under the pains contained in the saids acts of parliament made against Importing of Irish victuall And we with advyce forsaid Have nominated and appointed David Craufurd of Drumsuie to see the forsaids acts of parliament made against Importing of Irish victuall vigorously putt to executione during such tyme and space as our privie Councell shall think fitt with pouer to them to appoint servants and others under him to attend In all places betuixt the head of Kintyre and Lochrayan and from Lochrayan to Drumfreis for the more effectuall performing and discharging their deuty in the premisses Our will is heirfore And wee Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and to the mercat Crosses of the head burghs of Glasgow and Drumfreis and of the head burghs of the severall shires uithin that bounds and therat make publication of our pleasure in the premisses That none may pretend ignorance And ordaines these presents to be printed Given under our signet at Edinburgh the thretteenth day of March and of our reigne the fifth year 1694 sic subscribitur Tweeddale cancel: Melvill ps Southerland Linlithgow Leven Annandall Forfar Tarbat Raith Ross
1. NRS, PC1/49, 308-10.
2. The phrase ‘and Mary’ is an insertion.
1. NRS, PC1/49, 308-10.
2. The phrase ‘and Mary’ is an insertion.
A1694/3/28
A1694/3/281
Commission by the Council
William and Mary by the Grace of god King and Queen of great Brittaine France and Ireland defenders of the faith […] To all and sundrie our Leidges and subjects whom it effeirs Greeting Forasmuchas the estates of parliament by severall Acts Have discharged the Importation of Irish victuall and Cattell Into this kingdome under the paines and Certificationes therincontained As also the Lords of our privie Councill by their proclamation of the day and date of thir presents In pursuance of the saids Acts of Parliament Have in Lyke manner prohibited the Importing therof And ue Considering the best and fittest way for making the saids effectuall to be The Commissionating some persone of vigilance fidelity and Care To appoint servants and others to watch alongst the sea Coasts wher the said Catle and victuall are ordinarly brought in and Landed Therfore we with advyce of the Lords of our privie Councill Doe Grant full pouer authority and Commission to David Craufurd of Drumsuie By himself his deputes and servants and such as he shall think fitt to appoint for whom he is to be ansuerable To search for seaze and apprehend all Irish victuall and Catle Imported from Ireland into this kingdome from and after the day and date heirof Betuixt the head of Kintyre and Lochrayan and from Lochrayan to Drumfreis which victuall so Imported the said David Craufurd and these Intrusted by him are heirby authorized and requyred to Cause stave sink and destroy and to seize and apprehend and take Into their Custodie the Boats barks and other vessells wherin the samen victuall shall be Imported to dispose theron at their pleasure For their oune use and behoofe And for the more effectuall prosecution of this our Commissions we uith advyce forsaid Grant full pouer and authority to the said David Craufurd and his forsaids uithin the bounds abovementioned to secure all boats or travelling barks whither Scottish or Irish untill the skippers or ouners therof Find Cautione That they shall Import noe Irish victuall or Catle heirafter with pouer to our said Commissioner and his forsaids to search all boats barks or other vessells wherin any Irish victuall or Catle may be suspected to be And upon discovery therof to putt the Laues and acts of parliament made against Importing therof in all vigorous executione And if upon pregnant presumptions our saids Commissioner or these Intrusted by him shall suspect any persons guiltie of Importing Irish victuall or Catle They are heirby authorized to Conveen any such persone or persons before the neerest magistrat of Burgh or Landuard And to Lead all manner of probation against them for proving therof wherupon the saids magistrats are to Give present and ready Justice All shirreffs steuarts Baillies of Regalities and barronies and all heretors are heirby ordored to give their speedy assistance to our said Commissioner and these Intrusted by him when ever they shall be requyred for the more effectuall executione heirof As also the officers of any garrisones or troopes shall be obleidged to Concur and assist uith a party of souldiers as they shall be desyred upon any extraordinary occasione And the said David Craufurd and these Intrusted by him are heirby Impoured uith consent of the magistrat of the place to send any persone to prisone found guiltie of Contraveening the saids Laues and Acts of parliament Against Importing of Irish victuall or Catle The magistrats being free of the prisoners charges Lykeas we uith advyce forsaid Grant full pouer and Commission to the said David Craufurd and his forsaids to search for seize and apprehend all Irish horses and mares which shall happen to be Imported from Ireland into this Kingdome from and after the day and date heirof wherever the same can be found uithin the forsaids bounds And to value and Comprize the same And to exact the penaltie of ane hundreth merks scotts for each beast Imported after the day forsaid to be exacted from the Importer therof The one halfe of the value both of beasts and fyne to be made furthcoming to the Commissioners of Thesaury for our use and the other halfe to belong to the said David Craufurd and his forsaids And in case any persone or persons shall make open resistance against the said David Craufurd and his forsaids or any called to their assistance by them so that ther shall happen bloodshed mutilation or slaughter to follow therthrough The said David Craufurd or these Intrusted by him or giving assistance to them shall never be called in question or pursued therfore Civilly or Criminallie in tyme coming And It is heirby declared that the said David Craufurd before taking out of this Commission find sufficient Cautione acted in the books of privie Councill (which he did accordingly) That for every boat of Irish victuall or Catle that shall happen to be Imported uithin the bounds forsaids after the said day and date heirof And shall not be seased upon by him or these Intrusted by him he shall be Lyable to pay to the Receaver of our Croune rents the soume of one Hundred pounds sterling unles at Leist they sease upon the men victuall or Catle and resetters therof within tuenty dayes after the boat hes made its escape And give account therof to any of our privie Councill which shall exoner pro tanto And farder that the said David Craufurd and his forsaid shall be Comptable to our Thesaury for the equall halfe of all Irish horse and mares that shall be seised upon by them and of the equall halfe of the penalties due by Law for the Importing therof And this Commission is to Endure untill the threttienth day of March Jaj vic nyntie five nixt Given under our signet att Edinburgh the thretteinth day of March and of our reigne the fifth year 1694 sic subscribitur Tueeddall cancelar Melvill p:s. Linlithgow Leven Annandall Forrfar Tarbat Raith Ross Poluarth Beilhaven
1. NRS, PC1/49, 306-8.
1. NRS, PC1/49, 306-8.
A1694/3/27
A1694/3/271
Act
Anent the petitione given in to the Lords of their Majesties privie Councill Be Androw Edmonstoune of Ednum Sheuing That the petitioner uas in the month of June Last upon some mistake or misinformation summarly seized and Committed prisoner to Blackness wher he still Lyes tho to this day noe body accuses the petitioner of any offence given by him to the Government by uord or action And the petitioner being a young man accustomed to freedome and exercise and who had not tyme to setle and adjust his affairs since his fathers decease He is both by his Long Imprisonment Like to Lose his health having become valitudinary as is attested by Doctor Halket his Certificat produced with the said petitione and also to suffer a great prejudice in his fortune by his absence from his estate And therfore humblie craving their Lordships In consideration of the premisses to allow him to be sett at Libertie for recovery of his health and setling of his affairs upon his finding Cautione to ansuer and appear before their Lordships whenever called Especially seing by Continowing in prisone the petitioner uould be heavily prejudged if nott utterly undone both in his health and fortune tho ther is noe offence or ground of Jealosie to the Government so much as alleadged against the petitioner as the said petition bears The saids Lords of their Majesties privie Councill Having Considered the above petitione with the Certificat mentioned therin and produced theruith They heirby Give ordor and uarrand to Mr. William Areskine Deputy Governour of Blackness and In his absence to the nixt Commanding officer ther to sett the petitioner at Libertie furth therof In respect he hath given bond and found sufficient Cautione acted in the books of privie Councill To re-enter the said castle betuixt and the fifteenth of Apryle nixt And in the mean tyme That he shall Live peacablie under and uith all submission to the present government of their Majesties King William and Queen Mary And not to Act Consult nor Contrive any thing in prejudice therof nor to converss or Correspond with any rebells And to repaire to his oune house of Ednum with all Convenient dilligence And to remaine Confyned therat and tuo mylls about the same and not to goe without the bounds of his said Confynment And to Reenter himself prisoner in the said castle of Blackness betuixt and the fifteenth day of Apryle nixt to Come and appear before the saids Lords of privie Councill if called for betuixt and the said day under the penaltie of five Thousand merks scotts In caise he shall transgress in any pairt of the premisses
1. NRS, PC1/49, 305-6.
1. NRS, PC1/49, 305-6.
A1694/3/26
A1694/3/261
Act
Anent the petition given in to the Lords of their Majesties privie Councill Be Alexander McLeish Sheuing That wheras the petitioner being Conveened before the Lords of Justiciary for treason as having hyred ane boat at Dumbar to Carry in tuo men to the Bass and for sending in ane Letter to the Bass and receaving ane ansuer And he having Confest the Cryme He was convict by ane assyse and Condemned to be execute the tuenty Eight day of March Instant As to which the petitioner Humblie represents that he did freely confess the Cryme befor any probation was Led against him and did throw himself in their Majesties mercy and that he uas but a poor simple fisher and uas miserably trepanned by Charles Maitland who Induced him to hyre the boat by telling him a warrand for it And that he uas only sending in these tuo men to gett but his baggage which he Left behind him And that as to the letter he sent in to the Bass he neither knew what was in it nor what was in the returne and uas noe further concerned in that affair but only was made use of as the hand to send the Letter and receave the ansuer And farder to testifie the abhorrence that he hes of all rebellious practises He is willing to take the oath of alleadgance and assurance And therfore humbly Craving their Lordships to have compassion upon the petitioner and favourablie to represent his caise to the King And in the mean tyme to Grant him a repryvall of the sentence past against him untill his Majesties royall pleasure shall be Knouen as the said petitione Bears The saids Lords of their Majesties privy Councill Having Considered the above petitione They heirby Reprive the petitioner till the sixth day of Apryle nixt Inclusive And discharges the sentence of Death to be putt to executione against him till the said day be elapsed And appoints Intimation to be made heirof to the magistrats of Edinburgh sic subscribitur Tweeddall cancel: Melvill p: s Cassillis Linlithgow Leven Annandall Tarbat Raith Southerland
1. NRS, PC1/49, 305.
1. NRS, PC1/49, 305.
A1694/3/25
A1694/3/252
Sederunt
Lord Chancellor; Earl of Melvill p: s; Earl of Southerland; Earl of Cassillis; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Poluarth; Lord Advocat; Lord Funtainhall; Lord Anstruther; Sir Thomas Livingstoun
1. NRS, PC1/49, 304.
2. NRS, PC1/49, 304.
1. NRS, PC1/49, 304.
2. NRS, PC1/49, 304.