Tag Archives: 14 March 1693

Act, 14 March 1693, Edinburgh

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Act

Act Countes Dowager of Lauderdale

Anent a Petition given in to the Lords of their Majesties privy Councill be Elizabeth Countes Dowager of Lauderdale Shewing That quher the petitioner being informed that the saids Lords did make some scruple to determine in the matter Depending betwixt her and the present Countes of Lauderdale for delivering back to the petitioner her moveables In Respect ther is no probatione taken anent the way and maner of her being dispossessed therof, The saids Lords ware desyred to consider Primo that the Countes in her answers acknowledged allwayes her intromission and that the petitioners moveables were either in her possession or disposed off by her Secundo the petitioner referrs to the Countes her oath of veritie simpliciter that she did intromitt with the petitioners moveables, And either hath them or actually hath disposed upon them And Therfore Humbly Craveing the saids Lords to Consider the premisses and either to Sustaine the Countes intromission proven by her acknowledgement in her answers or otherwayes ordaine her to Compeir instantly and give her Oath theranent as the said petition bears The lords of their Majesties privy Councill haveing Considered a petition given in to them be the Countes Dowager of Lauderdale Upon the nynth day of march instant with the report of Committie of their oun number to whom it was Remitted to Consider the petition and agree the Countes Dowager and the present Countes To which the advocats for both Countesses have2 agreed They heirby Ordaine Primo The Countes Dowager to be restored back to her oun apparell, Cabinetts, and paraphanalia Secundo To the murning hangings etc of two roomes which were not extant the tyme of her husbands decease, Bot were provyded and put up since by her self Tertio They ordaine her to be restored to the catle and sheep brought with her oun money after her husbands decase she first proveing the buying of the Catle and sheep Quarto that the said Countes Dowager be restored to the cornes and Hay last cropt Jaj vjc nyntie two, which was the product of her oun sowing and labouring and quherof she her self bought the seed after her husbands decease, And Declairs this to be under the3 Hyppothick for the rent to them who shall be found to have right to the rents of the lands, And the Countes Dowager Loosing the arreistments laid on in the hands of the present Countes by finding Caution in the comon forme Quinto as to the rest of the plenishing of the house or castle of Thirlstaine the saids Lords Ordaines these goods to be inventarred to much therof as belonged to the Earle of Lauderdale by the shirreff principall of the Merss of his deputes And that the same be by him or them sequestrate and secured within the house as they shall think fitt that the same may be made furthcomeing to any that hath best right therto sixto as to any household pleinshing alleged belonging to the Dutches of Lauderdale within the said castle of Thirlestane which was locked up in a roume by it self They Ordaine the Same to be delivered to the Dutches Or any other she shall appoint, And that all the restitutiones abovementioned be made at the sight of the forsaid shireff principall of the Merss of his deputs And Ordaines letters at the Countes Dowagers instance against the present Countes to be direct in forme as effeirs.

Edinburgh the Fourteinth day of March Jaj vjc nyntie thrie years Ante Meridiem

D1693/3/181

Act

Act Countes Dowager of Lauderdale

Anent a Petition given in to the Lords of their Majesties privy Councill be Elizabeth Countes Dowager of Lauderdale Shewing That quher the petitioner being informed that the saids Lords did make some scruple to determine in the matter Depending betwixt her and the present Countes of Lauderdale for delivering back to the petitioner her moveables In Respect ther is no probatione taken anent the way and maner of her being dispossessed therof, The saids Lords ware desyred to consider Primo that the Countes in her answers acknowledged allwayes her intromission and that the petitioners moveables were either in her possession or disposed off by her Secundo the petitioner referrs to the Countes her oath of veritie simpliciter that she did intromitt with the petitioners moveables, And either hath them or actually hath disposed upon them And Therfore Humbly Craveing the saids Lords to Consider the premisses and either to Sustaine the Countes intromission proven by her acknowledgement in her answers or otherwayes ordaine her to Compeir instantly and give her Oath theranent as the said petition bears The lords of their Majesties privy Councill haveing Considered a petition given in to them be the Countes Dowager of Lauderdale Upon the nynth day of march instant with the report of Committie of their oun number to whom it was Remitted to Consider the petition and agree the Countes Dowager and the present Countes To which the advocats for both Countesses have2 agreed They heirby Ordaine Primo The Countes Dowager to be restored back to her oun apparell, Cabinetts, and paraphanalia Secundo To the murning hangings etc of two roomes which were not extant the tyme of her husbands decease, Bot were provyded and put up since by her self Tertio They ordaine her to be restored to the catle and sheep brought with her oun money after her husbands decase she first proveing the buying of the Catle and sheep Quarto that the said Countes Dowager be restored to the cornes and Hay last cropt Jaj vjc nyntie two, which was the product of her oun sowing and labouring and quherof she her self bought the seed after her husbands decease, And Declairs this to be under the3 Hyppothick for the rent to them who shall be found to have right to the rents of the lands, And the Countes Dowager Loosing the arreistments laid on in the hands of the present Countes by finding Caution in the comon forme Quinto as to the rest of the plenishing of the house or castle of Thirlstaine the saids Lords Ordaines these goods to be inventarred to much therof as belonged to the Earle of Lauderdale by the shirreff principall of the Merss of his deputes And that the same be by him or them sequestrate and secured within the house as they shall think fitt that the same may be made furthcomeing to any that hath best right therto sixto as to any household pleinshing alleged belonging to the Dutches of Lauderdale within the said castle of Thirlestane which was locked up in a roume by it self They Ordaine the Same to be delivered to the Dutches Or any other she shall appoint, And that all the restitutiones abovementioned be made at the sight of the forsaid shireff principall of the Merss of his deputs And Ordaines letters at the Countes Dowagers instance against the present Countes to be direct in forme as effeirs.

1. NRS, PC2/24, 197v-198v.

2. Insertion.

3. Insertion.

1. NRS, PC2/24, 197v-198v.

2. Insertion.

3. Insertion.

Act, 14 March 1693, Edinburgh

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D1693/3/171

Act

Act and Remitt William Archibald

Anent a Petition given in to the Lords of their Majesties privy Councill be William Archibald writter in Edinburgh one of the Subb-Collectors of the hearth money Shewing That the petitioner haveing received ane Commissione from James Melvill of Cassingray for Collecting the hearth money within the parochins of Cannongate South and North Leith west kirk parochin and toune of Edinburgh without the walls Did himself and his Servants waged for that effect use dilligence be makeing severall intimationes throughout the haill forsaid bounds both be Drums posting up written and printed proclamationes and Causeing presenters in Churches and meetting houses intimat the giveing in lists and paying the hearth money Conforme to the proclamation emitted for that effect as two severall executiones made in each parish would make appear when called for And therafter when lists ware not brought in as he expected the petitioner be himself and his servants Did survey the haill bounds in the way and maner as is exprest in ane Declaratione or oath subjoyned to the last page of his book of accounts given in be him to the said James Melvill and now in the hands of Sir Thomas Moncreiff Which Declaration and oath the petitioner is willing to swear to and Signe and to produce his Servants also to Depone upon the Same and in order therto the petitioner hath waitted one the said James Melvill severall dayes post who refuised to take the petitioners Oath and give him up his bond and his Cautioners bot threatens him with a charge of horning for preventing quherof and of trouble to the petitioners Cautioners the petitioner hath offered not only to depon upon the said oath subjoyned to his Accompts Bot also to pay in the intire ballance yet in his hands and to depend intirely upon the saids Lords for what expenses he has been at in the said affair likewayes contained in ane particular accompt given in to the said James Melvill extending to Five hundred merks, And Therfore Humbly Craveing the Saids Lords To cause read in ther presence the forsaid oath And Ordaine the same to be received Seing the petitioner was necessitate to cause Survey the bounds In Respect few lists ware given in to him And so is not in the case of other Collectors or to appoint the petitioner to be heard and examined before any of the Saids Lords number for their Lordships further clearing anent the premises. As the petitione bears The Lords of his Majesties privy Councill Doe heirby Remitt this petition given in to them be the above Mr William Archibald and answers made therto be Cassingray to the Lords Commissioners of their Majesties thesaurie And Recomends to them to doe therin as they shall think fitt, And anent the Oath formerly appointed to be administrated the sub-Collectors of the Herth money.

Edinburgh the Fourteinth day of March Jaj vjc nyntie thrie years Ante Meridiem

D1693/3/171

Act

Act and Remitt William Archibald

Anent a Petition given in to the Lords of their Majesties privy Councill be William Archibald writter in Edinburgh one of the Subb-Collectors of the hearth money Shewing That the petitioner haveing received ane Commissione from James Melvill of Cassingray for Collecting the hearth money within the parochins of Cannongate South and North Leith west kirk parochin and toune of Edinburgh without the walls Did himself and his Servants waged for that effect use dilligence be makeing severall intimationes throughout the haill forsaid bounds both be Drums posting up written and printed proclamationes and Causeing presenters in Churches and meetting houses intimat the giveing in lists and paying the hearth money Conforme to the proclamation emitted for that effect as two severall executiones made in each parish would make appear when called for And therafter when lists ware not brought in as he expected the petitioner be himself and his servants Did survey the haill bounds in the way and maner as is exprest in ane Declaratione or oath subjoyned to the last page of his book of accounts given in be him to the said James Melvill and now in the hands of Sir Thomas Moncreiff Which Declaration and oath the petitioner is willing to swear to and Signe and to produce his Servants also to Depone upon the Same and in order therto the petitioner hath waitted one the said James Melvill severall dayes post who refuised to take the petitioners Oath and give him up his bond and his Cautioners bot threatens him with a charge of horning for preventing quherof and of trouble to the petitioners Cautioners the petitioner hath offered not only to depon upon the said oath subjoyned to his Accompts Bot also to pay in the intire ballance yet in his hands and to depend intirely upon the saids Lords for what expenses he has been at in the said affair likewayes contained in ane particular accompt given in to the said James Melvill extending to Five hundred merks, And Therfore Humbly Craveing the Saids Lords To cause read in ther presence the forsaid oath And Ordaine the same to be received Seing the petitioner was necessitate to cause Survey the bounds In Respect few lists ware given in to him And so is not in the case of other Collectors or to appoint the petitioner to be heard and examined before any of the Saids Lords number for their Lordships further clearing anent the premises. As the petitione bears The Lords of his Majesties privy Councill Doe heirby Remitt this petition given in to them be the above Mr William Archibald and answers made therto be Cassingray to the Lords Commissioners of their Majesties thesaurie And Recomends to them to doe therin as they shall think fitt, And anent the Oath formerly appointed to be administrated the sub-Collectors of the Herth money.

1. NRS, PC2/24, 197r-197v.

1. NRS, PC2/24, 197r-197v.

Sederunt, 14 March 1693, Edinburgh

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Sederunt

Lord Chancelor; Duke of Hamilton; Earl of Melvill ps; Earl of Linlithgow; Earl of Strathmore; Earl of Lothian; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Broadalbine; Viscount Tarbat; Viscount Stair; Lord Raith Thes dept; Lord Cardross; Lord Beilhaven; Lord Carmicheall; Master of Forbes; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Grant; Laird of Stivenson; Sir Thomas Livingston

Edinburgh the Fourteinth day of March Jaj vjc nyntie thrie years Ante Meridiem1

D1693/3/162

Sederunt

Lord Chancelor; Duke of Hamilton; Earl of Melvill ps; Earl of Linlithgow; Earl of Strathmore; Earl of Lothian; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Broadalbine; Viscount Tarbat; Viscount Stair; Lord Raith Thes dept; Lord Cardross; Lord Beilhaven; Lord Carmicheall; Master of Forbes; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Grant; Laird of Stivenson; Sir Thomas Livingston

1. NRS, PC2/24, 197r.

2. NRS, PC2/24, 197r.

1. NRS, PC2/24, 197r.

2. NRS, PC2/24, 197r.

Procedure: committee, 14 March 1693, Edinburgh

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A1693/3/581

Procedure: committee

Comittee anent beggars

The Comittee haveing called for the magistrats of Edinburgh and conferred with them Find that the proclamation is not yet put to ane effectuall executione And therefor it is there opinion that a Comittee of Councill be appoynted to sitt in tyme of vacance with power to exact fynes according the proclamation aither from the toun or paroches adjacent And to report there diligence to the Councill at there first meeting in Apryll next And for the bygone notour failzies of the toune of Edinburgh That the Kings advocat be ordered to raise a lybell against them and instantly cause execute the same to the said first Councill day in Apryll next That they may be fyned conform to the above proclamation The Lords of there majesties privy Councill haveing considered the above report anent the beggars in Edinburgh They approve thereof And hereby adds the majesties advocat to the forsaid comittee And appoints the said Comittee with the Lord Advocat added as said is to sitt in tyme of vacance with power as in the above report and continows the quorum as formerly and recomends to the Lord advocat to cause raise and execute a process against the magistrats of Edinburgh for bygon failzies as in the above report.

Att Edinburgh the Fourteinth of March Jaj vjc nyntie three years Ante Meridiem

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Procedure: committee

Comittee anent beggars

The Comittee haveing called for the magistrats of Edinburgh and conferred with them Find that the proclamation is not yet put to ane effectuall executione And therefor it is there opinion that a Comittee of Councill be appoynted to sitt in tyme of vacance with power to exact fynes according the proclamation aither from the toun or paroches adjacent And to report there diligence to the Councill at there first meeting in Apryll next And for the bygone notour failzies of the toune of Edinburgh That the Kings advocat be ordered to raise a lybell against them and instantly cause execute the same to the said first Councill day in Apryll next That they may be fyned conform to the above proclamation The Lords of there majesties privy Councill haveing considered the above report anent the beggars in Edinburgh They approve thereof And hereby adds the majesties advocat to the forsaid comittee And appoints the said Comittee with the Lord Advocat added as said is to sitt in tyme of vacance with power as in the above report and continows the quorum as formerly and recomends to the Lord advocat to cause raise and execute a process against the magistrats of Edinburgh for bygon failzies as in the above report.

1. PC1/48, 641-2.

2. PC1/48, 642.

1. PC1/48, 641-2.

2. PC1/48, 642.

Procedure: committee, 14 March 1693, Edinburgh

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Procedure: committee

Comittee the witnesses against Bruce and Jarvie

The Lords of there majestyes privie Councill hereby recomend to the Lord Cardross Lord Advocat and Lord Justice Clerk or any tuo of them to call for and examine the persones Lately seized as witnesses as witnesses againest James Bruce in Alloway and James Jarvie skipper there alleadged accessorie to the Sending in a boat with coalls to the Bass And authorizes and Impowers the said Comittee to give and signe warrands to the Clerks of privie Councill for extracting acts of Liberatione to the saids James Bruce and James Jarvie and witnesses forsaids or all or aither of them aither simply or upon baill as they shall see cause And appoints the Clerks of privie Councill to extract acts upon these warrands in name of the Councill.

Att Edinburgh the Fourteinth of March Jaj vjc nyntie three years Ante Meridiem

A1693/3/571

Procedure: committee

Comittee the witnesses against Bruce and Jarvie

The Lords of there majestyes privie Councill hereby recomend to the Lord Cardross Lord Advocat and Lord Justice Clerk or any tuo of them to call for and examine the persones Lately seized as witnesses as witnesses againest James Bruce in Alloway and James Jarvie skipper there alleadged accessorie to the Sending in a boat with coalls to the Bass And authorizes and Impowers the said Comittee to give and signe warrands to the Clerks of privie Councill for extracting acts of Liberatione to the saids James Bruce and James Jarvie and witnesses forsaids or all or aither of them aither simply or upon baill as they shall see cause And appoints the Clerks of privie Councill to extract acts upon these warrands in name of the Councill.

1. PC1/48, 641.

1. PC1/48, 641.

Act, 14 March 1693, Edinburgh

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Act

Liberatione James Munell and others

Anent the petitione given in to the Lords of there majesties privie Councill be James Munell John Walls prisoners in Edinburgh John Clark Robert Walls John Bell and Thomas Mcmellen prisoners in the Canongate Shewing That where the poor prisoners have been keept in prisone for many moneths past for alleadged accessione to a late declaratione published at Sanquhar yet nothing is ever made out againest the petitioners And some of the petitioners haveing numerous familyes and nothing to supplie aither them or the petitioners themselves But what the petitioners provydes by there handy Labour They are reduced to straitts and difficultyes And there wyves and children in great necessities unles the saids Lords shall be pleased to sett the petitioners at liberty to provyde for there mantenance and therefore Craveing to the effect underwreitten As the said petitione bears The Saids Lords of there Majestyes privie Councill Haveing considdered this petitione given in to them be the above James Munell and others They hereby give order and warrand to the magistrates of Edinburgh and Keeper of there tolbooth to sett at Liberty furth thereof the saids James Munell and John Walls prisoners therein And to the bailzies of the Canongate and Keeper of there tolbooth To sett at liberty furth of the Same John Clark Robert Walls John Bell and Thomas Mcmellen prisoners in that tolbooth And that In respect there is no probatione found againest them.

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A1693/3/561

Act

Liberatione James Munell and others

Anent the petitione given in to the Lords of there majesties privie Councill be James Munell John Walls prisoners in Edinburgh John Clark Robert Walls John Bell and Thomas Mcmellen prisoners in the Canongate Shewing That where the poor prisoners have been keept in prisone for many moneths past for alleadged accessione to a late declaratione published at Sanquhar yet nothing is ever made out againest the petitioners And some of the petitioners haveing numerous familyes and nothing to supplie aither them or the petitioners themselves But what the petitioners provydes by there handy Labour They are reduced to straitts and difficultyes And there wyves and children in great necessities unles the saids Lords shall be pleased to sett the petitioners at liberty to provyde for there mantenance and therefore Craveing to the effect underwreitten As the said petitione bears The Saids Lords of there Majestyes privie Councill Haveing considdered this petitione given in to them be the above James Munell and others They hereby give order and warrand to the magistrates of Edinburgh and Keeper of there tolbooth to sett at Liberty furth thereof the saids James Munell and John Walls prisoners therein And to the bailzies of the Canongate and Keeper of there tolbooth To sett at liberty furth of the Same John Clark Robert Walls John Bell and Thomas Mcmellen prisoners in that tolbooth And that In respect there is no probatione found againest them.

1. PC1/641.

1. PC1/641.

Order, 14 March 1693, Edinburgh

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Order

Mr Robert Calder allowed the open prisone

Anent the petitione given in to the Lords of there majesties privie Councill be Mr Robert Calder prisoner wes comitted to closs prisone upon the eleventh day of march current And he being since his Infancie tender and valetudinary Closs prisone will undoubtedly ruine his health and endanger his Lyfe unles the saids Lords be pleased to enlarge him And sieing the petitioner is not able to maintaine himself in prisone and his wyfe and family are exposed to difficulties And therefore Craveing to the effect underwreitten as the said petition bears The Saids Lords of there majesties privie Councill Haveing considered this petitione given in to them be the above Mr Robert Calder They hereby give order and warrand to the Magistrates of Edinburgh and Keeper of ther tolbooth to allow the petitioner the benefite of open prisone The saids magistrates and Keeper being alwayes ansuerable for the petitioners safe Custodie

Att Edinburgh the Fourteinth of March Jaj vjc nyntie three years Ante Meridiem

A1693/3/551

Order

Mr Robert Calder allowed the open prisone

Anent the petitione given in to the Lords of there majesties privie Councill be Mr Robert Calder prisoner wes comitted to closs prisone upon the eleventh day of march current And he being since his Infancie tender and valetudinary Closs prisone will undoubtedly ruine his health and endanger his Lyfe unles the saids Lords be pleased to enlarge him And sieing the petitioner is not able to maintaine himself in prisone and his wyfe and family are exposed to difficulties And therefore Craveing to the effect underwreitten as the said petition bears The Saids Lords of there majesties privie Councill Haveing considered this petitione given in to them be the above Mr Robert Calder They hereby give order and warrand to the Magistrates of Edinburgh and Keeper of ther tolbooth to allow the petitioner the benefite of open prisone The saids magistrates and Keeper being alwayes ansuerable for the petitioners safe Custodie

1. PC1/640-41.

1. PC1/640-41.

Act, 14 March 1693, Edinburgh

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A1693/3/541

Act

Liberation Jaffrey and Smith

Anent the petitione given in to the Lords of there majesties privie Councill be John Jaffrey and Alexander Smith merchands in Aberdeen Shewing That where the petitioners have been by ane mistake that can scarce be paralelled detained prisoners for the space of seventeen weeks at Aberdeen And brought over here in order to ane tryall For ane cryme of which the petitioners were never guilty in thought much more in expressione or concealling the samen The petitioners affectione to the present government never haveing been doubted no not by there greatest enemies And the saids Lords haveing been graciously pleased to remitt the Cognitione of the alleadged cryme to ane comittee who did upon Saturday last Call the petitioner befor them with other tuo who were lykewayes present the tyme It wes Committed our Soveraigne King William and his officers should have been Cursed by one or tuo of the petitioners Company The petitioners being all four in one roume together And what ever may be alleadged againest the other tuo as to there carriadge at other tymes yet the petitioners can declare That they were free of the cryme they are now conveened for nor wes there any thing spoken in that company then what the petitioners declared to the saids Lords of the Comittee and at severall other tymes under there hands nor is it to be presumed that the petitioners have been in the least disingenuous in there narratione The other tuo being strangers to them And with Whom they never hade any fellowship And who by there oune declarationes If there were any treasonable words (as there wes none) acknowledges themselves to be the speakers And now Sieing the petitioners have given all the satisfactione to the Lords of the Comittee the petitioners were capable of And that the petitioners Loyalty and principles were ever hitherto unspotted Although now to the petitioners great misfortune it hath been called in questione which doeth trouble them more then there seventeen weeks Imprisonement and the almost ruine of there trade The petitioners shop doores being Locked up all that tyme Besydes that there Freinds upon this report have withdrawen there Countenance By all which the petitioners Conditione is very deplorable And therefore Craveing that the saids Lords would be pleased to ordaine the petitioners to be sett at Liberty without paying Jaylor fies or anything that may draw upon them the least suspicione or guilt As the said petitione bears The Saids Lords of there majesties privie Councill haveing considered this petitione given in to them be the above Alexander Smith and John Jaffrey They hereby give order and warrand to the magistrates of Edinburgh Bailzies of the Canongate and Keeper of there tolbooth to sett the petitioners at liberty In respect they have given bond and found sufficient Cautione acted in the books of privie Councill that they shall appear and bear witnes againest Mr Alexander Morisone and Mr Patrick Strachan now prisoners in the tolbooth of the Canongate in any process befor the Lords Commissioners of Justiciary or any other Judicature for any expressiones uttered by them againest the government when they shall be cited to that effect under the penalty of Fyve Hundreth merks a piece And that the petitioners have Sworne and signed the oath of alleadgeance and signed the assureance to there majestyes appointed by act of parliament In presence of one of the Lords of privie Councill.

Att Edinburgh the Fourteinth of March Jaj vjc nyntie three years Ante Meridiem

A1693/3/541

Act

Liberation Jaffrey and Smith

Anent the petitione given in to the Lords of there majesties privie Councill be John Jaffrey and Alexander Smith merchands in Aberdeen Shewing That where the petitioners have been by ane mistake that can scarce be paralelled detained prisoners for the space of seventeen weeks at Aberdeen And brought over here in order to ane tryall For ane cryme of which the petitioners were never guilty in thought much more in expressione or concealling the samen The petitioners affectione to the present government never haveing been doubted no not by there greatest enemies And the saids Lords haveing been graciously pleased to remitt the Cognitione of the alleadged cryme to ane comittee who did upon Saturday last Call the petitioner befor them with other tuo who were lykewayes present the tyme It wes Committed our Soveraigne King William and his officers should have been Cursed by one or tuo of the petitioners Company The petitioners being all four in one roume together And what ever may be alleadged againest the other tuo as to there carriadge at other tymes yet the petitioners can declare That they were free of the cryme they are now conveened for nor wes there any thing spoken in that company then what the petitioners declared to the saids Lords of the Comittee and at severall other tymes under there hands nor is it to be presumed that the petitioners have been in the least disingenuous in there narratione The other tuo being strangers to them And with Whom they never hade any fellowship And who by there oune declarationes If there were any treasonable words (as there wes none) acknowledges themselves to be the speakers And now Sieing the petitioners have given all the satisfactione to the Lords of the Comittee the petitioners were capable of And that the petitioners Loyalty and principles were ever hitherto unspotted Although now to the petitioners great misfortune it hath been called in questione which doeth trouble them more then there seventeen weeks Imprisonement and the almost ruine of there trade The petitioners shop doores being Locked up all that tyme Besydes that there Freinds upon this report have withdrawen there Countenance By all which the petitioners Conditione is very deplorable And therefore Craveing that the saids Lords would be pleased to ordaine the petitioners to be sett at Liberty without paying Jaylor fies or anything that may draw upon them the least suspicione or guilt As the said petitione bears The Saids Lords of there majesties privie Councill haveing considered this petitione given in to them be the above Alexander Smith and John Jaffrey They hereby give order and warrand to the magistrates of Edinburgh Bailzies of the Canongate and Keeper of there tolbooth to sett the petitioners at liberty In respect they have given bond and found sufficient Cautione acted in the books of privie Councill that they shall appear and bear witnes againest Mr Alexander Morisone and Mr Patrick Strachan now prisoners in the tolbooth of the Canongate in any process befor the Lords Commissioners of Justiciary or any other Judicature for any expressiones uttered by them againest the government when they shall be cited to that effect under the penalty of Fyve Hundreth merks a piece And that the petitioners have Sworne and signed the oath of alleadgeance and signed the assureance to there majestyes appointed by act of parliament In presence of one of the Lords of privie Councill.

1. PC1/48, 639-40.

1. PC1/48, 639-40.

Decreet, 14 March 1693, Edinburgh

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Decreet

Decreet There majesties advocat against Skipper Dunbars Cautioners

Anent the Letters raised and persued befor the Lords of there majesties privie Councill At the Instance of Sir James Stewart there majesties advocat for there highnes interest in the matter underwreitten mentioneing That where Robert Dunbar skipper in Leith then prisoner in the tolbooth as principall and Mr Hugh Davidsone wreitter to the signet William Dunbar merchand in Edinburgh and Thomas Wilsone Couper in Leith be there bond and obligatione subscryved be them of the dait the fourteenth day of november Jaj vjc nyntie one Bond and obleidged them Conjunctllie and severallie That the said Robert Dunbar should Live peaceably under and with all submission to the government of there majesties King William and Queen Mary And that he should not converse nor correspond with rebells And that he should appear when called for, And that he should not depairt furth of this Kigndome without there majesties or the Councills warrand under the penalty of Tuo Thousand merks scotts In case he should transgress in any pairt of the premisses As the said bond of the date forsaid Insert and registrat in the books of privie Councill And the saids Lords there decreet Interponed thereto upon the nynth day of Maij Last bypast produced hes testifyed whereupon there being Letters raised at the Instance of Sir William Lockhart there majesties Sollicitor The said Robert Dunbar wes charged to appear and his said Cautionres to produce him befor the Lords of privie Councill under the penalty forsaid contained in the said bond which charge The said Robert and his cautioners have most contemptuously dissobeyed And the Saids Lords of privie Councill being Informed that the said Robert is now Comander of a French privateer And hes seized upon some scotts ships have by there act of the date the nynth day of March ordained Letters to be direct at there majesties advocats instance2 for Citeing the abovenamed Cautioners in maner and to the effect underwritten As the Said act produced hes testifyed And Anent the Charge Given to the saids Mr Hugh Davidsone William Dunbar and Thomas Wilsone Cautioners forsaids3 To have Compeared befor the saids Lords of privie Councill this day and place To hear and see it found and declared that the penalty contained in the said bond is Incurred and forfaulted And to hear and see themselves decerned Conjunctlly and Severallie to make payment to Sir Thomas Moncreiff receaver of there majesties Croun rents or his Successors in that office for the tyme being of the said penalty of Tuo Thousand merks with Certificatione to them If they failzie There majesties other Letters of denunceatione and other4 executione shall proceed againest them upon the horning alreadie raised and charge given be vertue thereof As the saids Letters and executiones thereof at more Length beares Which Letters being this day Called In presence of the Saids Lords of privie Councill And there majesties advocat Compearing personally for there majesties interest And the defenders Compearing also personally The Saids Lords of there Majestyes privie Councill Haveing Considered the saids Letters or Lybell with a petitione Given in for the defenders Craveing the penalty to be remitted or mitigated In respect the Cautioners hade no accessione to the principalls escape And he being poor They can have no releiff They refuse the desyre of the petitione And Finds that the Cautioners defenders have failzied to satisfye the obleidgements in there bond and therefore declares the penalty of Tuo Thousand Merks thereincontained to be Incurred and forfaulted and decernes and ordaines the forenamed persones defenders Cautioners forsaid Conjunctlly and severallie to make payment of the said soume to the persones and In maner following viz The soume of of5 one Thousand Merks thereincontained to be Incurred and forfaulted and decernes and ordaines the forenamed persones defenders Cautioners forsaid Conjunctlly and severallie to make payment of the said soume to the persones and In maner following viz The soume of one Thousand merks to Mr James Sutherland maister of the phisick gairden for makeing up the Losses and damnadge sustained be him throw the Letting out the North Loch (the tyme of the seidge of the Castle of Edinburgh) upon his gairden And the Lyke soume of Ane Thousand Merks to Sir Thomas Moncreiff generall receiver of there Majesties Croun rents or his Successors in that office for there majestyes use And recomends to the Lords Commissioners of there majesties theasury to consider the Loss of the skippers to whom the wheat and bear taken be the said Robert Dunbar did pertaine and belong And to allow them such releiff as they shall think fitt out of that pairt of the penalty appointed for there majesties use And ordaines Letters of horning on six dayes and others neadfull to be direct in forme as effeirs

Att Edinburgh the Fourteinth of March Jaj vjc nyntie three years Ante Meridiem

A1693/3/531

Decreet

Decreet There majesties advocat against Skipper Dunbars Cautioners

Anent the Letters raised and persued befor the Lords of there majesties privie Councill At the Instance of Sir James Stewart there majesties advocat for there highnes interest in the matter underwreitten mentioneing That where Robert Dunbar skipper in Leith then prisoner in the tolbooth as principall and Mr Hugh Davidsone wreitter to the signet William Dunbar merchand in Edinburgh and Thomas Wilsone Couper in Leith be there bond and obligatione subscryved be them of the dait the fourteenth day of november Jaj vjc nyntie one Bond and obleidged them Conjunctllie and severallie That the said Robert Dunbar should Live peaceably under and with all submission to the government of there majesties King William and Queen Mary And that he should not converse nor correspond with rebells And that he should appear when called for, And that he should not depairt furth of this Kigndome without there majesties or the Councills warrand under the penalty of Tuo Thousand merks scotts In case he should transgress in any pairt of the premisses As the said bond of the date forsaid Insert and registrat in the books of privie Councill And the saids Lords there decreet Interponed thereto upon the nynth day of Maij Last bypast produced hes testifyed whereupon there being Letters raised at the Instance of Sir William Lockhart there majesties Sollicitor The said Robert Dunbar wes charged to appear and his said Cautionres to produce him befor the Lords of privie Councill under the penalty forsaid contained in the said bond which charge The said Robert and his cautioners have most contemptuously dissobeyed And the Saids Lords of privie Councill being Informed that the said Robert is now Comander of a French privateer And hes seized upon some scotts ships have by there act of the date the nynth day of March ordained Letters to be direct at there majesties advocats instance2 for Citeing the abovenamed Cautioners in maner and to the effect underwritten As the Said act produced hes testifyed And Anent the Charge Given to the saids Mr Hugh Davidsone William Dunbar and Thomas Wilsone Cautioners forsaids3 To have Compeared befor the saids Lords of privie Councill this day and place To hear and see it found and declared that the penalty contained in the said bond is Incurred and forfaulted And to hear and see themselves decerned Conjunctlly and Severallie to make payment to Sir Thomas Moncreiff receaver of there majesties Croun rents or his Successors in that office for the tyme being of the said penalty of Tuo Thousand merks with Certificatione to them If they failzie There majesties other Letters of denunceatione and other4 executione shall proceed againest them upon the horning alreadie raised and charge given be vertue thereof As the saids Letters and executiones thereof at more Length beares Which Letters being this day Called In presence of the Saids Lords of privie Councill And there majesties advocat Compearing personally for there majesties interest And the defenders Compearing also personally The Saids Lords of there Majestyes privie Councill Haveing Considered the saids Letters or Lybell with a petitione Given in for the defenders Craveing the penalty to be remitted or mitigated In respect the Cautioners hade no accessione to the principalls escape And he being poor They can have no releiff They refuse the desyre of the petitione And Finds that the Cautioners defenders have failzied to satisfye the obleidgements in there bond and therefore declares the penalty of Tuo Thousand Merks thereincontained to be Incurred and forfaulted and decernes and ordaines the forenamed persones defenders Cautioners forsaid Conjunctlly and severallie to make payment of the said soume to the persones and In maner following viz The soume of of5 one Thousand Merks thereincontained to be Incurred and forfaulted and decernes and ordaines the forenamed persones defenders Cautioners forsaid Conjunctlly and severallie to make payment of the said soume to the persones and In maner following viz The soume of one Thousand merks to Mr James Sutherland maister of the phisick gairden for makeing up the Losses and damnadge sustained be him throw the Letting out the North Loch (the tyme of the seidge of the Castle of Edinburgh) upon his gairden And the Lyke soume of Ane Thousand Merks to Sir Thomas Moncreiff generall receiver of there Majesties Croun rents or his Successors in that office for there majestyes use And recomends to the Lords Commissioners of there majesties theasury to consider the Loss of the skippers to whom the wheat and bear taken be the said Robert Dunbar did pertaine and belong And to allow them such releiff as they shall think fitt out of that pairt of the penalty appointed for there majesties use And ordaines Letters of horning on six dayes and others neadfull to be direct in forme as effeirs

1. PC1/48, 637-9.

2. The word ‘againest’ scored out here.

3. The phrase ‘personally or at the duell’ scored out here.

4. This word has been inserted above the line.

5. Sic.

1. PC1/48, 637-9.

2. The word ‘againest’ scored out here.

3. The phrase ‘personally or at the duell’ scored out here.

4. This word has been inserted above the line.

5. Sic.

Procedure: committee, 14 March 1693, Edinburgh

Posted on by

Att Edinburgh the Fourteinth of March Jaj vjc nyntie three years Ante Meridiem

A1693/3/521

Procedure: committee

Comittee anent Seamen

The Lords of there Majesties privie Councill Haveing heard the report of the Comittee anent seamen with the above overtures given in be Mr William Erskine Leivetennent governour of Blackness Castle read in there presence They Recomend to the Committee formerly appoynted in this matter to meet again and to speak with Mr Erskine anent the severall particulars in his overture And to prepare a proclamation for Levyeing of Seamen And adds the Lord Viscount Stair to the forsaid Comittee And continowes the quorum as formerly And appoints them to meet to morrow at ten in the forenoon

Att Edinburgh the Fourteinth of March Jaj vjc nyntie three years Ante Meridiem

A1693/3/521

Procedure: committee

Comittee anent Seamen

The Lords of there Majesties privie Councill Haveing heard the report of the Comittee anent seamen with the above overtures given in be Mr William Erskine Leivetennent governour of Blackness Castle read in there presence They Recomend to the Committee formerly appoynted in this matter to meet again and to speak with Mr Erskine anent the severall particulars in his overture And to prepare a proclamation for Levyeing of Seamen And adds the Lord Viscount Stair to the forsaid Comittee And continowes the quorum as formerly And appoints them to meet to morrow at ten in the forenoon

1. PC1/48, 637.

1. PC1/48, 637.