Tag Archives: 14 December 1693

Decreet, 14 December 1693, Edinburgh

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Edinburgh the Fourtein day of December Jaj vjc nyntie thrie years

D1693/12/201

Decreet

Decreet Crafurd of Corsburne Against Kaymes and others

Anent our Soveraign Lord and Ladies letters raised and pursued befor the Lords of their majesties privy Councill at the instance of Thomas Crafurd of Carsburne with Concourse of Sir James Stewart ther majesties advocat for their highnes intrest in the matter underwritten Mentioning That quher albeit be the lawes of all weell governed nationes and kingdomes and by the Lawes and Constitutiones and express acts of parliament of the kingdome deforcements of messengers quhill in executione of his majesties letters beatting and abuseing of his assistance or Imployers, assassination and wilful fire raiseing, are crymes of ane high nature and most severly punishable, yet true it is that upon the […] day of march last or ane or other of the dayes of the said moneth the persuer haveing gone doune to brut with […]. Wood messenger in order to poynd and and2 arreist what goods he could gett belonging to Hector Bannatyne of Kaymes for payment of a debt owing to the pursuer be the said Hector conforme to a decreet before the Lords of Councill and sessione against him and accordingly the saids messengers haveing poynded the number of […] Sclaits and Caried two or thrie allongst with him and a strap of the Cornes out of the severall stacks after Compryssing of the same upon the ground in order to Compryz them also at the marcat cross of Rothsey And in his way therto haveing come with the pursuer to the house of Donald Hyndman at Tynrie Crove and quhill he attended with the said messenger […] Mclaughlan the pursuers servant and […] Crafurd Servitor to David Boill of Kelburne shirreff of Bute was sitting peacably in the house of the said Donald Hyndman compting with his tenants and setting his Land The persones underwritten (being hounded Out by the said Hector Bannatyne of Kaymes) without any Just Cause Occasion or provocatione whatsoever viz Elizabeth and Anna Banatynes sisters to the Laird of Kaymes, Mary Mcneill Spouse to John Ramsay Comissar Clerk of the Isles, Jean Beath schooll mistres in Rothsey Mary Mcneill ther Kathrin Mcintyre relict of umquhill […] Mcintyre burges ther, Hellen Bannatyne Spouse to James Ritchie Cook to Sir Thomas Stewart of Kirktoune […] Mconachie at the mylne of Rothesay and servant to the said Archibald Glass late provest of Rothsey Ninian Spence late of Wester kaymes, Issobell Mcneill servitrix to Archibald Mcgibben merchant in Rothsey Katherin Mcneill servitrix to Donald Frazer burges ther Margrat Leitch servitrix to the said Archibald Glass Mary Stewart servitrix to Robert Stewart Comonly called Collinssone ther Grizell Muir spouse to Robert Bannatyne Sailler ther […] Mcillrinoch servitrix to Mathew Reith their Angus Bannatyne widdow ther Mcmillan Spouse to John Mcmillan ther Katherin Ballantine spouse to […] Mcneill ther Robert and William Bannatynes saillers ther […] McConnochie spouse to John Mcmillan in Easter Kaymes Jean Mcintall younger spouse to Daniell Spence ther Mary Leitch sister to Donald Leitch ther, Jannet Glass spouse to John Mcintyre ther Katharine Bannatyne spouse to Ninian Milne of Easter Kaymes and Margrat Spence Spouse to John Mckeichan at the row of Ardbeg with severall others their accomplices all instigat and hounded out by the said Hector Bannatyne Did about the tenth hour of the said […] day of march ast or one or other of the dayes of the said moneth avowedly in the face of the Sun assault the3 house quherin the purseur was sitting, and did without the least provocation each of them haveing their apprones full of stones finding his horss tyed with the bridgle to the stanchell of the window at the said house Did slip the bridle from the horss head and beat him away who did runn straight home to his table in Rothsey being one of Sir James Stewarts horses, And at the same time did break the saids silents that were without the door which the said messenger was carieing allongst with him to appryse at the Cross for said Bot also most Cruely and inhumanly did throw great stones at the doors and windowes of the said house allwayes repeating these words, that they would murder the murdering soulless dog, and that he should never escape their hands And after five or six times throwing in Stones in a most Crewell and barbarous maner allwayes crying the forsaid words, and after they hade continued so to doe for the space of two hours Finding that by no means the pursuer would come out they at last brought fire and sett in the easing of the said house, That they might therby force him out and so might accomplish ther most Cruell wicked and barbarows intentiones of murdering his person and incapacitating his messenger and his associats from the furder executeing the saids letters, And the house haveing taken fire, so that the wholl house was filled with smoak and was like to have Choaked all persones within it specially the young Cheldrein whose cryes were most hidiouse and pitifull, The pursuer at Last ventered out, And when he came out they threw stones for along space at him and all in Company with him Wherby he was exceedingly bruised and particularly wounded most griviously and sorely in the legg to the great hazard of his life as will be attested by the phisitians and Chirurgeons that attended him, and when he hade with the assitance of some persones quenched the fire, he returned to the house thinking they would have disipated Bot on the contrary they more and more endeavored to accomplish their wicked Designes, so that the pursuer and his servant were forced to sitt in the door with their Swords in their hands, keeping in it upon the defence till […] Stewart servant to Sir James Stewart and […] his Groome came and keeped this Cruell assasines, who being upon returne of the horse without the pursuer as his ryder, sent up by ther said master He not knoweing what hade come of him sent these two persones in quest of him, and found him in the Conditione above represented Wherby it would evidently appear to the Lords of privy Councill That the haill persones abovenamed, and the haill abovenamed husbands and masters of the above named women as they were hounded out and instigat the said wifes and Servants, or by takeing them home without any resentment were approves of their acts and the said Hector Banatyne as he who hounded out the haill fornamed persones both men and women are guilty of ane high and manifast Ryot of Deforcement assassinatione willfull fire raiseing Injurie and oppression at least airt and part instigators or hounders out of the same, And Therfore Ought and should be severly and examplarly punished in their persones and goods to the terror of others to Comitt the like in time comeing and Anent the charge given to the saids defenders To have Compeired before the Lords of their majesties privy Councill at ane certaine day bygone To have answered to the grounds of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as appertained Under the paine of Rebellion etc with Certificatione as the said Lybell and executiones therof bears Which letters being upon the nynth day of november last Called in presence of the Lords of their majesties privy Councill and the pursuer Compeiring personally with Mr Hew Dalrymple his advocat And the saids […] Bannatyne of Kaymes Elizabeth and Anna Bannatines his sisters, Archibald Glass, Archibald Mcgibben Agnes Bannatyne and Donald Frazer seven of thee defenders Compeiring alsoe personally with Sir James Ogilvie Sir Patrick Home and Mr Robert Stewart their advocats, And the rest of the defenders being Called and not Compeiring The Lybell and answers being read The pursuers advocat Craved Certificatione against the absents, The saids Lords of privy Councill haveing Considered the libell and answers and both parties advocats being fully heard The Lords Superceeded the granting of Certificatione against the absent till advyceing of the Cause, And Fand the4 Lybell5 relevant and admitted the same to the pursuers probatione, And the witnesses such of them as Compeired haveing made faith at the barr, They Recomended to a Committie of their ain number to examine them and Reserved all Objectiones that might been made against the witnesses to be proponed and discussed before the said Committie, And the above Committie haveing accordingly mett, The pursuer aduced Diverse and Sundrie fameous witnesses who being all solemnly sworne interrogate and examined Deponed and Declared as their oathes and depositiones extant in proces bears. And The Saids Lords of their Majesties privy Councill haveing this day again Considered the above Lybell with the Depositiones of the witnesses adduced by the pursuer for proveing the points and articles therof They heirby Grant Certificatione against the haill defenders cited in this proces and not Compeiring In Respect of their absence and not Compeirance Which at the first Calleing of this proces They Superceided to doe untill the advyceing of the Cause And Ordaines Letters of Denunceatione to be direct And Ordaines Letters of Denunceatione to be direct to maccers of privy Councill or messengers at armes Comanding them to pass to the mercat cross of […] and other places needfull and ther in ther majesties name and authoritie Duely Lawfullie and orderly denunce the saids haill defenders not Compeiring as said is, ther majesties rebells and put them to their highnes horne escheat and inbring all their moveable goods and geir to their majesties use for their contemptione and disobedience And the saids Lords Finds the Lybell Suficiently proven both as to the deforcement and Ryot Lybelled, And Finds that Agnes Bannatyne wes present at and guilty of the Ryot And Therfore Fynes her in the soume of ane Hundred merks scots And Decernes her to make payment to Carsburne the pursuer of the same defraying the Charges Debursed by him6 in adduceing of witnesses in this proces, And Finds the persones following were all present at and that some of them are guilty of the said Ryot and deforcement viz Robert Bannatyne William Bannatyne Issobell Mcneill Kathrin Mcneill Jean Bath Margrat Leitch, Mary Stewart Grizell Muir […] Mcillrinack servitrix to Mathow Beath […] Mcmillan Spouse to John Mcmillan Jannet Glass, Margrat Spence, Margaret Mcneill the Comissar Clerks wife, Hellen Bannatyne Cathran Banatyne spouse to Ninian Nicoll, Catharin Mcintyre […] Mconnachie spouse to John Mcmillan Jean Mcintall and Mary Leith And Therfore Ordaines […] shireffs or Bute and his depute after the letters of Denunciatione are Execute and registrated against them to search for sease upon apprehend and secure the persones forsaids and send them to Glasgow under a suficient guard, and in the second hand authorizes them to call for a partie of the standing forces to their assitance and Recomends to Sir Thomas Livingstone Commander in Cheiff of their Majesties forces within this kingdome to give the necessary orders to the said forces to be assisting to the said shirreff and his deputs for seasing the saids persones and transporting them to Glasgow, And Ordaines the magistrats of Glasgow to Comitt and detaine them prisoners in their Tolbooth untill they be delivered to the partie who shall be ordered by the said Sir Thomas Liveingston to Convey them from Glasgow to Edinburgh And Recommends to the said Sir Thomas to send a Suficient partie of their majesties forces to Convey the forsaids persones from Glasgow and keeper of ther Tolbooth to Deliver them to the said partie and appoints the magistrats of Edinburgh and keeper of their Tolbooth to receive them from the partie and to Committ and detaine them prisoners in ther Tolbooth till farder order of Councill And assolyzies Hector Bannatyne of Kaymes and Elizabeth Bannatyne of Kaymes and Elizabeth Bannatyne his sisters from the points and articles of the said Lybell And ordaines letters of horning on 15 dayes and other executions needfull in forme as effeirs.

Edinburgh the Fourtein day of December Jaj vjc nyntie thrie years

D1693/12/201

Decreet

Decreet Crafurd of Corsburne Against Kaymes and others

Anent our Soveraign Lord and Ladies letters raised and pursued befor the Lords of their majesties privy Councill at the instance of Thomas Crafurd of Carsburne with Concourse of Sir James Stewart ther majesties advocat for their highnes intrest in the matter underwritten Mentioning That quher albeit be the lawes of all weell governed nationes and kingdomes and by the Lawes and Constitutiones and express acts of parliament of the kingdome deforcements of messengers quhill in executione of his majesties letters beatting and abuseing of his assistance or Imployers, assassination and wilful fire raiseing, are crymes of ane high nature and most severly punishable, yet true it is that upon the […] day of march last or ane or other of the dayes of the said moneth the persuer haveing gone doune to brut with […]. Wood messenger in order to poynd and and2 arreist what goods he could gett belonging to Hector Bannatyne of Kaymes for payment of a debt owing to the pursuer be the said Hector conforme to a decreet before the Lords of Councill and sessione against him and accordingly the saids messengers haveing poynded the number of […] Sclaits and Caried two or thrie allongst with him and a strap of the Cornes out of the severall stacks after Compryssing of the same upon the ground in order to Compryz them also at the marcat cross of Rothsey And in his way therto haveing come with the pursuer to the house of Donald Hyndman at Tynrie Crove and quhill he attended with the said messenger […] Mclaughlan the pursuers servant and […] Crafurd Servitor to David Boill of Kelburne shirreff of Bute was sitting peacably in the house of the said Donald Hyndman compting with his tenants and setting his Land The persones underwritten (being hounded Out by the said Hector Bannatyne of Kaymes) without any Just Cause Occasion or provocatione whatsoever viz Elizabeth and Anna Banatynes sisters to the Laird of Kaymes, Mary Mcneill Spouse to John Ramsay Comissar Clerk of the Isles, Jean Beath schooll mistres in Rothsey Mary Mcneill ther Kathrin Mcintyre relict of umquhill […] Mcintyre burges ther, Hellen Bannatyne Spouse to James Ritchie Cook to Sir Thomas Stewart of Kirktoune […] Mconachie at the mylne of Rothesay and servant to the said Archibald Glass late provest of Rothsey Ninian Spence late of Wester kaymes, Issobell Mcneill servitrix to Archibald Mcgibben merchant in Rothsey Katherin Mcneill servitrix to Donald Frazer burges ther Margrat Leitch servitrix to the said Archibald Glass Mary Stewart servitrix to Robert Stewart Comonly called Collinssone ther Grizell Muir spouse to Robert Bannatyne Sailler ther […] Mcillrinoch servitrix to Mathew Reith their Angus Bannatyne widdow ther Mcmillan Spouse to John Mcmillan ther Katherin Ballantine spouse to […] Mcneill ther Robert and William Bannatynes saillers ther […] McConnochie spouse to John Mcmillan in Easter Kaymes Jean Mcintall younger spouse to Daniell Spence ther Mary Leitch sister to Donald Leitch ther, Jannet Glass spouse to John Mcintyre ther Katharine Bannatyne spouse to Ninian Milne of Easter Kaymes and Margrat Spence Spouse to John Mckeichan at the row of Ardbeg with severall others their accomplices all instigat and hounded out by the said Hector Bannatyne Did about the tenth hour of the said […] day of march ast or one or other of the dayes of the said moneth avowedly in the face of the Sun assault the3 house quherin the purseur was sitting, and did without the least provocation each of them haveing their apprones full of stones finding his horss tyed with the bridgle to the stanchell of the window at the said house Did slip the bridle from the horss head and beat him away who did runn straight home to his table in Rothsey being one of Sir James Stewarts horses, And at the same time did break the saids silents that were without the door which the said messenger was carieing allongst with him to appryse at the Cross for said Bot also most Cruely and inhumanly did throw great stones at the doors and windowes of the said house allwayes repeating these words, that they would murder the murdering soulless dog, and that he should never escape their hands And after five or six times throwing in Stones in a most Crewell and barbarous maner allwayes crying the forsaid words, and after they hade continued so to doe for the space of two hours Finding that by no means the pursuer would come out they at last brought fire and sett in the easing of the said house, That they might therby force him out and so might accomplish ther most Cruell wicked and barbarows intentiones of murdering his person and incapacitating his messenger and his associats from the furder executeing the saids letters, And the house haveing taken fire, so that the wholl house was filled with smoak and was like to have Choaked all persones within it specially the young Cheldrein whose cryes were most hidiouse and pitifull, The pursuer at Last ventered out, And when he came out they threw stones for along space at him and all in Company with him Wherby he was exceedingly bruised and particularly wounded most griviously and sorely in the legg to the great hazard of his life as will be attested by the phisitians and Chirurgeons that attended him, and when he hade with the assitance of some persones quenched the fire, he returned to the house thinking they would have disipated Bot on the contrary they more and more endeavored to accomplish their wicked Designes, so that the pursuer and his servant were forced to sitt in the door with their Swords in their hands, keeping in it upon the defence till […] Stewart servant to Sir James Stewart and […] his Groome came and keeped this Cruell assasines, who being upon returne of the horse without the pursuer as his ryder, sent up by ther said master He not knoweing what hade come of him sent these two persones in quest of him, and found him in the Conditione above represented Wherby it would evidently appear to the Lords of privy Councill That the haill persones abovenamed, and the haill abovenamed husbands and masters of the above named women as they were hounded out and instigat the said wifes and Servants, or by takeing them home without any resentment were approves of their acts and the said Hector Banatyne as he who hounded out the haill fornamed persones both men and women are guilty of ane high and manifast Ryot of Deforcement assassinatione willfull fire raiseing Injurie and oppression at least airt and part instigators or hounders out of the same, And Therfore Ought and should be severly and examplarly punished in their persones and goods to the terror of others to Comitt the like in time comeing and Anent the charge given to the saids defenders To have Compeired before the Lords of their majesties privy Councill at ane certaine day bygone To have answered to the grounds of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as appertained Under the paine of Rebellion etc with Certificatione as the said Lybell and executiones therof bears Which letters being upon the nynth day of november last Called in presence of the Lords of their majesties privy Councill and the pursuer Compeiring personally with Mr Hew Dalrymple his advocat And the saids […] Bannatyne of Kaymes Elizabeth and Anna Bannatines his sisters, Archibald Glass, Archibald Mcgibben Agnes Bannatyne and Donald Frazer seven of thee defenders Compeiring alsoe personally with Sir James Ogilvie Sir Patrick Home and Mr Robert Stewart their advocats, And the rest of the defenders being Called and not Compeiring The Lybell and answers being read The pursuers advocat Craved Certificatione against the absents, The saids Lords of privy Councill haveing Considered the libell and answers and both parties advocats being fully heard The Lords Superceeded the granting of Certificatione against the absent till advyceing of the Cause, And Fand the4 Lybell5 relevant and admitted the same to the pursuers probatione, And the witnesses such of them as Compeired haveing made faith at the barr, They Recomended to a Committie of their ain number to examine them and Reserved all Objectiones that might been made against the witnesses to be proponed and discussed before the said Committie, And the above Committie haveing accordingly mett, The pursuer aduced Diverse and Sundrie fameous witnesses who being all solemnly sworne interrogate and examined Deponed and Declared as their oathes and depositiones extant in proces bears. And The Saids Lords of their Majesties privy Councill haveing this day again Considered the above Lybell with the Depositiones of the witnesses adduced by the pursuer for proveing the points and articles therof They heirby Grant Certificatione against the haill defenders cited in this proces and not Compeiring In Respect of their absence and not Compeirance Which at the first Calleing of this proces They Superceided to doe untill the advyceing of the Cause And Ordaines Letters of Denunceatione to be direct And Ordaines Letters of Denunceatione to be direct to maccers of privy Councill or messengers at armes Comanding them to pass to the mercat cross of […] and other places needfull and ther in ther majesties name and authoritie Duely Lawfullie and orderly denunce the saids haill defenders not Compeiring as said is, ther majesties rebells and put them to their highnes horne escheat and inbring all their moveable goods and geir to their majesties use for their contemptione and disobedience And the saids Lords Finds the Lybell Suficiently proven both as to the deforcement and Ryot Lybelled, And Finds that Agnes Bannatyne wes present at and guilty of the Ryot And Therfore Fynes her in the soume of ane Hundred merks scots And Decernes her to make payment to Carsburne the pursuer of the same defraying the Charges Debursed by him6 in adduceing of witnesses in this proces, And Finds the persones following were all present at and that some of them are guilty of the said Ryot and deforcement viz Robert Bannatyne William Bannatyne Issobell Mcneill Kathrin Mcneill Jean Bath Margrat Leitch, Mary Stewart Grizell Muir […] Mcillrinack servitrix to Mathow Beath […] Mcmillan Spouse to John Mcmillan Jannet Glass, Margrat Spence, Margaret Mcneill the Comissar Clerks wife, Hellen Bannatyne Cathran Banatyne spouse to Ninian Nicoll, Catharin Mcintyre […] Mconnachie spouse to John Mcmillan Jean Mcintall and Mary Leith And Therfore Ordaines […] shireffs or Bute and his depute after the letters of Denunciatione are Execute and registrated against them to search for sease upon apprehend and secure the persones forsaids and send them to Glasgow under a suficient guard, and in the second hand authorizes them to call for a partie of the standing forces to their assitance and Recomends to Sir Thomas Livingstone Commander in Cheiff of their Majesties forces within this kingdome to give the necessary orders to the said forces to be assisting to the said shirreff and his deputs for seasing the saids persones and transporting them to Glasgow, And Ordaines the magistrats of Glasgow to Comitt and detaine them prisoners in their Tolbooth untill they be delivered to the partie who shall be ordered by the said Sir Thomas Liveingston to Convey them from Glasgow to Edinburgh And Recommends to the said Sir Thomas to send a Suficient partie of their majesties forces to Convey the forsaids persones from Glasgow and keeper of ther Tolbooth to Deliver them to the said partie and appoints the magistrats of Edinburgh and keeper of their Tolbooth to receive them from the partie and to Committ and detaine them prisoners in ther Tolbooth till farder order of Councill And assolyzies Hector Bannatyne of Kaymes and Elizabeth Bannatyne of Kaymes and Elizabeth Bannatyne his sisters from the points and articles of the said Lybell And ordaines letters of horning on 15 dayes and other executions needfull in forme as effeirs.

1. NRS, PC2/24, 288v-291v.

2. Sic.

3. The word ‘said’ scored out here.

4. The word ‘Same’ scored out here.

5. Insertion.

6. The word ‘in’ scored out here.

1. NRS, PC2/24, 288v-291v.

2. Sic.

3. The word ‘said’ scored out here.

4. The word ‘Same’ scored out here.

5. Insertion.

6. The word ‘in’ scored out here.

Act, 14 December 1693, Edinburgh

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Edinburgh the Fourtein day of December Jaj vjc nyntie thrie years

D1693/12/191

Act

Act Anent ministers produceing Certificats instead of takeing the oaths etc

The Lords of their majesties privy Councill haveing by their act of the date the fourth day of August Jaj vjc nyntie two years, ordained all ministers who shall obtaine any aft or interloquitor of Councell in their favors anent vaccand stipends To signe and swear the Oath of alledgance in presence of one of the said number before extracting the said act or interloquitor Considering by the late act of parliament all ministers are appointed to swear and signe the said oath and signe the said assurance by which it is presumable that many have done the Same Therfore the saids Lords Declaires that it Shall be suficient for the forsaids ministers instead of takeing the said oath and assurance before a privy Councellor, To produce a Certificat of ther haveing taken the same before any person or persones suficeintly authorized for administrating therof And appoints the extracts of the acts and interloquitors to mention the productione of these Certificats and the Certificats themselves to remaine in the hands of the Clerks of Councill.

Edinburgh the Fourtein day of December Jaj vjc nyntie thrie years

D1693/12/191

Act

Act Anent ministers produceing Certificats instead of takeing the oaths etc

The Lords of their majesties privy Councill haveing by their act of the date the fourth day of August Jaj vjc nyntie two years, ordained all ministers who shall obtaine any aft or interloquitor of Councell in their favors anent vaccand stipends To signe and swear the Oath of alledgance in presence of one of the said number before extracting the said act or interloquitor Considering by the late act of parliament all ministers are appointed to swear and signe the said oath and signe the said assurance by which it is presumable that many have done the Same Therfore the saids Lords Declaires that it Shall be suficient for the forsaids ministers instead of takeing the said oath and assurance before a privy Councellor, To produce a Certificat of ther haveing taken the same before any person or persones suficeintly authorized for administrating therof And appoints the extracts of the acts and interloquitors to mention the productione of these Certificats and the Certificats themselves to remaine in the hands of the Clerks of Councill.

1. NRS, PC2/24, 288v.

1. NRS, PC2/24, 288v.

Warrant, 14 December 1693, Edinburgh

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Edinburgh the Fourtein day of December Jaj vjc nyntie thrie years

D1693/12/181

Warrant

Warrand allowing a Certificat from Mr Thomas Forester in place of taking the oathes.

The Lords of ther Majesties privy Councill Doe heirby allow the Clerks to give out Mr Thomas Forresters act of the date the Twentie Eight day of november last anent the stipend of St Androwes upon his produceing in their hands ane testificat that he has taken the oath of alledgance and assurance befor any persone authorized by Law to administrat the same albeit the warrand of the act appoints him to take the same before one of the Lords of privy Councill.

Edinburgh the Fourtein day of December Jaj vjc nyntie thrie years

D1693/12/181

Warrant

Warrand allowing a Certificat from Mr Thomas Forester in place of taking the oathes.

The Lords of ther Majesties privy Councill Doe heirby allow the Clerks to give out Mr Thomas Forresters act of the date the Twentie Eight day of november last anent the stipend of St Androwes upon his produceing in their hands ane testificat that he has taken the oath of alledgance and assurance befor any persone authorized by Law to administrat the same albeit the warrand of the act appoints him to take the same before one of the Lords of privy Councill.

1. NRS, PC2/24, 288r.

1. NRS, PC2/24, 288r.

Order, 14 December 1693, Edinburgh

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Edinburgh the Fourtein day of December Jaj vjc nyntie thrie years

D1693/12/171

Order

Recomendation to the thesaurie Mr Joseph Cleiland

The Lords of their majesties privy Councill doe heirby Recomend to the Lords Commissioners of their majesties thesaurie to allow and appoint to Mr Joseph Cleilland a non-Conforming minister presently prisoner for alledged subscriveing witnes to a false paper a Competent aliement for the subsistance of himself and his poor familly dureing the time of his Imprisonement.

Edinburgh the Fourtein day of December Jaj vjc nyntie thrie years

D1693/12/171

Order

Recomendation to the thesaurie Mr Joseph Cleiland

The Lords of their majesties privy Councill doe heirby Recomend to the Lords Commissioners of their majesties thesaurie to allow and appoint to Mr Joseph Cleilland a non-Conforming minister presently prisoner for alledged subscriveing witnes to a false paper a Competent aliement for the subsistance of himself and his poor familly dureing the time of his Imprisonement.

1. NRS, PC2/24, 288r.

1. NRS, PC2/24, 288r.

Sederunt, 14 December 1693, Edinburgh

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Edinburgh the Fourtein day of December Jaj vjc nyntie thrie years1

D1693/12/162

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Master of Forbes; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fr: Montgomrie; Laird of Pollock

Edinburgh the Fourtein day of December Jaj vjc nyntie thrie years1

D1693/12/162

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Master of Forbes; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fr: Montgomrie; Laird of Pollock

1. NRS, PC2/24, 288r.

2. NRS, PC2/24, 288r.

1. NRS, PC2/24, 288r.

2. NRS, PC2/24, 288r.

Procedure: committee formed, 14 December 1693, Edinburgh

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Att Edinburgh The Fourteenth day of December Jaj vic nyntie thrie years

A1693/12/141

Procedure: committee formed

Committie upon the Kings Letter

The Lords of their Majesties privy Councell Having heard a Letter from his Majestie direct to their Lordships Anent the Levying and Imploying the forces appoynted by the late Act of Parliament Redd in their presence They Heirby nominat and appoynte the Earls of Southerland Linlithgow Leven and Annandale The Lord Viscount of Tarbat Lord Ross and Sir Thomas Livingstoune Commander in cheiff of their Majesties forces uithin this kingdome To be a Committie for farder Considering his Majesties said Letter And Recommends to them to Consider and fall upon such measures and methods as shall be most effectual for rendering speedy obedience to his Majesties Commands in the said Letter contained And appoyntes them to meet on munday at ten in the forenoon And declares any four of them to be a sufficient Quorum And Recommends to them to make report to the Councell at their meeting on teusday nixt

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Procedure: committee formed

Committie upon the Kings Letter

The Lords of their Majesties privy Councell Having heard a Letter from his Majestie direct to their Lordships Anent the Levying and Imploying the forces appoynted by the late Act of Parliament Redd in their presence They Heirby nominat and appoynte the Earls of Southerland Linlithgow Leven and Annandale The Lord Viscount of Tarbat Lord Ross and Sir Thomas Livingstoune Commander in cheiff of their Majesties forces uithin this kingdome To be a Committie for farder Considering his Majesties said Letter And Recommends to them to Consider and fall upon such measures and methods as shall be most effectual for rendering speedy obedience to his Majesties Commands in the said Letter contained And appoyntes them to meet on munday at ten in the forenoon And declares any four of them to be a sufficient Quorum And Recommends to them to make report to the Councell at their meeting on teusday nixt

1. NRS, PC1/49, 196-7.

1. NRS, PC1/49, 196-7.

Letter: royal, 14 December 1693, Edinburgh

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Letter: royal

[Letter from the king to the council concerning levies]

The Follouing Letter being redd was ordored to be recorded wherof the tenor folloues
Supra scribitur Uilliam Rex
Right trustie and right uell Beloved Cousin and Councellor Right trustie and Entirely beloved Cousins and Councellors Right trustie and right well beloved Cousins and Councellors Right trustie and right well beloved Councellors Right trustie and uell beloved Councellors Trustie and uell beloved Councellors We Greet yow uell Our parliament by Its Act of the tuentie third of May last Having offered us a Levy of tuo thousand nyne Hundreth seventie nyne foot to be Levyed in manner therin mentioned In ordor to be divyded and modelled Into regiments as we showld think fitt And ue in place of tuo Regiments to be composed of a part of the said Levy Having Imployed in the service of that our antient kingdome tuo other regiments raised uithout any charges to it And it being both for the honor of the Natione and our service That our scotish troopes in Flanders (uith whose behaviour ue are uell satisfied) should be recruited speedily and uith good and sufficient men And ther being noe other way of doing it But by allouing them the benefite of the said Levy we Have resolved to Give them fiftein Hundreth men out of it and to put the remaining fourteen hundreth seventy nyne men into tuo Regiments for the service of that our kingdome It is therfore our pleasure that uithout Loss of tyme yow Call from the severall officers (uho ue suppose before this tyme are arryved from Flanders) for the Lists of the men they want And accordingly proportione the severall shares that they are to have which being done yow are to Give the necessary ordors for Levying the said Fiftein Hundreth men and delyvering them according to the Act of parliament provyding aluayes the saids officers pay to the paymasters of our Army threttie shillings sterline for each man whom they shall have ordor to receave The paymasters finding the same surety for the same they they2 have found for the other money of our Army which sum in all Tuo Thousand tuo Hundred and Fiftie pounds sterline ue appoynte to remaine untoutched in the said paymasters hands till farder ordor: Ue doe Lykewayes Requyre yow to ordor the Levying of the3 one thousand Four Hundred seventy nyne men and the delyvering of them to such officers as shall be quickly named for the tuo new Regiments. But Because it may prove more difficult to find men to Goe abroad then to find men to serve at home And because disordors may arrise from Competitiones betuixt the officers from Flanders and the other officers We Recommend to your prudence and care the methods of adjusting this whole matter so as shall be most for our service and the ease of the Country And therfore we Leave it to you to Consider If it be best to ordor the shyres to have their Intire shares of the tuo thousand nyne Hundred seventy nyne men ready at their head burroues against a precise tyme (if that can be) ther to be divyded betuixt the tuo sorts of officers or to allot distinct shires to them or to dispatch the one bussiness before the other if better cannot be but tho ue could gladly have neither of them delayed of the tuo That of the Recruites presses most We doe farder Requyre yow to Give our officers from Flanders all Countenance and reasonable assistance in making by their oune Industrie and Intrest such other Recruites as are necessary for compleating their Regiments over and above the one thousand five Hundred men For tho ue are not at all for Indulging them in forceing any of our subjects who have not Engadged yet as to these who doe Engadge we expect the Concurrence of our Government In making them stand to it And so we bid yow heartily fareuell Given at our Court at Kensingtoune the 9th day of december 1693 and of our reigne the fifth year By his Majesties Command sic subscribitur J Johnstoun

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Letter: royal

[Letter from the king to the council concerning levies]

The Follouing Letter being redd was ordored to be recorded wherof the tenor folloues
Supra scribitur Uilliam Rex
Right trustie and right uell Beloved Cousin and Councellor Right trustie and Entirely beloved Cousins and Councellors Right trustie and right well beloved Cousins and Councellors Right trustie and right well beloved Councellors Right trustie and uell beloved Councellors Trustie and uell beloved Councellors We Greet yow uell Our parliament by Its Act of the tuentie third of May last Having offered us a Levy of tuo thousand nyne Hundreth seventie nyne foot to be Levyed in manner therin mentioned In ordor to be divyded and modelled Into regiments as we showld think fitt And ue in place of tuo Regiments to be composed of a part of the said Levy Having Imployed in the service of that our antient kingdome tuo other regiments raised uithout any charges to it And it being both for the honor of the Natione and our service That our scotish troopes in Flanders (uith whose behaviour ue are uell satisfied) should be recruited speedily and uith good and sufficient men And ther being noe other way of doing it But by allouing them the benefite of the said Levy we Have resolved to Give them fiftein Hundreth men out of it and to put the remaining fourteen hundreth seventy nyne men into tuo Regiments for the service of that our kingdome It is therfore our pleasure that uithout Loss of tyme yow Call from the severall officers (uho ue suppose before this tyme are arryved from Flanders) for the Lists of the men they want And accordingly proportione the severall shares that they are to have which being done yow are to Give the necessary ordors for Levying the said Fiftein Hundreth men and delyvering them according to the Act of parliament provyding aluayes the saids officers pay to the paymasters of our Army threttie shillings sterline for each man whom they shall have ordor to receave The paymasters finding the same surety for the same they they2 have found for the other money of our Army which sum in all Tuo Thousand tuo Hundred and Fiftie pounds sterline ue appoynte to remaine untoutched in the said paymasters hands till farder ordor: Ue doe Lykewayes Requyre yow to ordor the Levying of the3 one thousand Four Hundred seventy nyne men and the delyvering of them to such officers as shall be quickly named for the tuo new Regiments. But Because it may prove more difficult to find men to Goe abroad then to find men to serve at home And because disordors may arrise from Competitiones betuixt the officers from Flanders and the other officers We Recommend to your prudence and care the methods of adjusting this whole matter so as shall be most for our service and the ease of the Country And therfore we Leave it to you to Consider If it be best to ordor the shyres to have their Intire shares of the tuo thousand nyne Hundred seventy nyne men ready at their head burroues against a precise tyme (if that can be) ther to be divyded betuixt the tuo sorts of officers or to allot distinct shires to them or to dispatch the one bussiness before the other if better cannot be but tho ue could gladly have neither of them delayed of the tuo That of the Recruites presses most We doe farder Requyre yow to Give our officers from Flanders all Countenance and reasonable assistance in making by their oune Industrie and Intrest such other Recruites as are necessary for compleating their Regiments over and above the one thousand five Hundred men For tho ue are not at all for Indulging them in forceing any of our subjects who have not Engadged yet as to these who doe Engadge we expect the Concurrence of our Government In making them stand to it And so we bid yow heartily fareuell Given at our Court at Kensingtoune the 9th day of december 1693 and of our reigne the fifth year By his Majesties Command sic subscribitur J Johnstoun

1. NRS, PC1/49, 195-6.

2. Sic.

3. Interlinear insertion.

1. NRS, PC1/49, 195-6.

2. Sic.

3. Interlinear insertion.

Procedure: committee formed, 14 December 1693, Edinburgh

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Procedure: committee formed

Additionall Committie to revise the proclamatione anent additionall excyse

The Lords of their Majesties privy Councell having Heard a proclamatione anent the readier Inbringing of the additionall excyse redd They heirby Recommend to the Committie formerly appoynted in this matter to meet the morrow at ten in the forenoon and revise and amend the said proclamatione and report the amended draught to the Councell And adds the Earle of Southerland and Lord Advocat to the said former Committie and declares any […] of them to be a sufficient Quorum
2

Att Edinburgh The Fourteenth day of December Jaj vic nyntie thrie years

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Procedure: committee formed

Additionall Committie to revise the proclamatione anent additionall excyse

The Lords of their Majesties privy Councell having Heard a proclamatione anent the readier Inbringing of the additionall excyse redd They heirby Recommend to the Committie formerly appoynted in this matter to meet the morrow at ten in the forenoon and revise and amend the said proclamatione and report the amended draught to the Councell And adds the Earle of Southerland and Lord Advocat to the said former Committie and declares any […] of them to be a sufficient Quorum
2

1. NRS, PC1/49, 194.

2. The phrase ‘The Follouing Letter Being redd was voted approven and signe’ scored out here.

1. NRS, PC1/49, 194.

2. The phrase ‘The Follouing Letter Being redd was voted approven and signe’ scored out here.

Warrant, 14 December 1693, Edinburgh

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Warrant

Mr Robert Forbes alloued to take the oath of alleadgance and assurance

Anent the petitione Given In to the Lords of their Majesties privy Councell Be Mr Robert Forbes Advocat Sheuing That wheras notwithstanding of the Late Act of parliament ordaining the oath of alleadgance to be suorne and the bond of assurance to be signed by all Advocats and others therin contained at a perremptor day It is Humbly Conceaved the saids Lords will restore Against the forsaid Act such persones as not having yet qualified themselves in the termes therof Can Instruct a relevant reasone why they Gave not obedience therto att the tyme appoynted And true It is the petitioner was then altogither unable to travell through Indispositione of body which Is verified by the attestatione of a phisitian and Chirurgeon produced uith the said petitione And therfore Humbly Craving to the effect underwryten as the said petitione Bears The saids Lords of their Majesties privy Councell Having Considered this petitione Given in to them Be the above Mr Robert Forbes uith the testificat mentioned therin and produced theruith They heirby Grant warrand and Commisione to the Lords Beilhaven and Hattoune to Administer the oath of alleadgance and assurance to the petitioner one of the Clarks of Councell being present And upon his suearing and signing the said oath and signing the said Assurance in Manner forsaid The saids Lords restores the petitioner Against the Late Act of Parliament made theranent that he may thencefurth exercise his office as Advocat

Att Edinburgh The Fourteenth day of December Jaj vic nyntie thrie years

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Warrant

Mr Robert Forbes alloued to take the oath of alleadgance and assurance

Anent the petitione Given In to the Lords of their Majesties privy Councell Be Mr Robert Forbes Advocat Sheuing That wheras notwithstanding of the Late Act of parliament ordaining the oath of alleadgance to be suorne and the bond of assurance to be signed by all Advocats and others therin contained at a perremptor day It is Humbly Conceaved the saids Lords will restore Against the forsaid Act such persones as not having yet qualified themselves in the termes therof Can Instruct a relevant reasone why they Gave not obedience therto att the tyme appoynted And true It is the petitioner was then altogither unable to travell through Indispositione of body which Is verified by the attestatione of a phisitian and Chirurgeon produced uith the said petitione And therfore Humbly Craving to the effect underwryten as the said petitione Bears The saids Lords of their Majesties privy Councell Having Considered this petitione Given in to them Be the above Mr Robert Forbes uith the testificat mentioned therin and produced theruith They heirby Grant warrand and Commisione to the Lords Beilhaven and Hattoune to Administer the oath of alleadgance and assurance to the petitioner one of the Clarks of Councell being present And upon his suearing and signing the said oath and signing the said Assurance in Manner forsaid The saids Lords restores the petitioner Against the Late Act of Parliament made theranent that he may thencefurth exercise his office as Advocat

1. NRS, PC1/49, 194.

1. NRS, PC1/49, 194.

Act, 14 December 1693, Edinburgh

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Act

Liberatione Ensigne Kerr

Anent the petitione Given In to the Lords of their Majesties privie Councell Be William Keir Ensigne In Sir James Lesly his Regiment of foot Sheuing That wher the petitioner being In Company uith severall other Gentlemen Amongst whom was William Mowat of Fowsyde and ther Having fallen out some unhappy differences among them The said William Mouat receaved a wound in the belly wherupon the petitioner was secured in the tolbooth of Edinburgh untill it showld appear whither the forsaid uound should prove daingerous or not And seing the said William Mouat is fully recovered of the forsaid uound at Least is past all hazerd and that the petitioner hath Continoued prisoner for the space of severall weeks to his Great hurt and prejudice And that by his Imployment He being in their Majesties service which necessarly Requires him to attend upon his charge And therfore Humbly Craving to the effect underwryten as the said petitione Bears The saids Lords of their Majesties privie Councell Having Considered this petitione given in to them Be the above Ensigne Kerr They Hierby Give ordor and uarrand to the magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Liberty furth therof For which this shall be to all persones Concerned a sufficient warrand

Att Edinburgh The Fourteenth day of December Jaj vic nyntie thrie years

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Act

Liberatione Ensigne Kerr

Anent the petitione Given In to the Lords of their Majesties privie Councell Be William Keir Ensigne In Sir James Lesly his Regiment of foot Sheuing That wher the petitioner being In Company uith severall other Gentlemen Amongst whom was William Mowat of Fowsyde and ther Having fallen out some unhappy differences among them The said William Mouat receaved a wound in the belly wherupon the petitioner was secured in the tolbooth of Edinburgh untill it showld appear whither the forsaid uound should prove daingerous or not And seing the said William Mouat is fully recovered of the forsaid uound at Least is past all hazerd and that the petitioner hath Continoued prisoner for the space of severall weeks to his Great hurt and prejudice And that by his Imployment He being in their Majesties service which necessarly Requires him to attend upon his charge And therfore Humbly Craving to the effect underwryten as the said petitione Bears The saids Lords of their Majesties privie Councell Having Considered this petitione given in to them Be the above Ensigne Kerr They Hierby Give ordor and uarrand to the magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Liberty furth therof For which this shall be to all persones Concerned a sufficient warrand

1. NRS, PC1/49, 193.

1. NRS, PC1/49, 193.