A1696/4/82
A1696/4/821
Act
The Lords of his Majesties privy Councell Doe heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to sett William Fergusone presently prisoner therin at Libertie furth therof For which this shall be to them a sufficient warrand
1. NRS, PC1/50, 491.
1. NRS, PC1/50, 491.
A1696/4/81
A1696/4/811
Act
Anent the petition given in to the Lords of his majesties privie Councill by John Turring Sheuing That the petitioner being apprehended six weeks agoe by a party as he was Coming on his road from Preston-pans And therafter examined by Leivtennant Collonell Bruce was by him committed prisoner to the Cannongate tolbooth wher he hath Continoued ever since in Great misirie He therfore beggs their Lordships would be pleased to hear a short deduction of his Circumstances which in short That before the Revolution He served in a military station And therafter having gone to the Bass was by the articles of Capitulation Liberat And by vertue of the same Choosed to stay at home in the kingdome of Scotland wher he still Lived peacably and quietly under the Government and that he is so farr from troubling or molesting the government That he offered his service in his Majesties troops of Guairds And is still ready to serve in that station In respect that hitherto he hath still served in Cavilry And therfore humbly Craving their Lordships to take the premisses into their Consideratione And to Cause sett the petitioner at Libertie free of house dues or to Grant him ane aliment wherby he may be able to subsist during his Imprisonment as the said petitione bears The saids Lords of his Majesties privie Councell Having Considered this petition given in to them by the above John Turring They heirby Give order and warrand to the Baillies of the Cannongate and Keeper of their tolbooth To sett the petitioner furth therof In respect he hath suorne and signed the oath of alleadgance and signed the assurance appointed to his Majestie King William by Act of parliament In presence of Baillie Dunnoon baillie of the Cannongate
1. NRS, PC1/50, 490-1.
1. NRS, PC1/50, 490-1.
A1696/4/80
A1696/4/801
Act
Anent the petitione given in to the Lords of his Majesties privie Councell by Mr William Livingstoun of Kilsyth Sheuing That wheras the petitioner by their Lordships act of the date the sixth day of february Last In obedience to his Majesties Letter of the date the sixteenth of december Last bypast was declared to be at full and free Liberty to Goe about his Laufull affairs as any others of his Majesties Leidges upon his Giving bond and finding sufficient Cautione to Live peacably under and uith all submission to the present government and to appear before their Lordships when called for And accordingly being Cited upon the seventeenth day of March Last was Confyned to his Lodging uithin the toune of Edinburgh under the penaltie of one Thousand pounds starling if he should goe out therof To the Great prejudice both of his health and affairs And therfore Humbly Craving to the effect underwryten as the said petition bears The saids Lords of his Majesties privie Councell Having Considered the above petitione they heirby take off the sentence of Confynment pronunced against the petitioner And declares him quyte therof and free therfrae as if the samen had never been given nor pronunced In respect the petitioner hath given bond and found sufficient Cautione acted in the books of privy Councell That he shall Live peacably under and uith all submission to the present government of his majestie King William And that he shall not act Consult nor Contrive any thing in prejudice therof nor Converss or Correspond uith any rebells And that he shall appear before the saids Lords when called for under the penaltie of one thousand pounds sterling in caise he shall transgress in any pairt of the premisses And ordaines the petitioners former bond to be Given up
1. NRS, PC1/50, 489-90.
1. NRS, PC1/50, 489-90.
A1696/4/79
A1696/4/791
Procedure
The Laird of Grant acquanted the Councell That at their Lordships Command he had Called from Invernes for the bonds anent the peace which were taken by the Commission at that place for securing the peace of the Highlands and that the same are Come south and are putt in the hands of Mr. James Montgomery of Langshaw Clerk to the Criminall Court if the Counsell Have use for them
1. NRS, PC1/50, 489.
1. NRS, PC1/50, 489.
A1696/4/78
A1696/4/781
Act
Anent the petitione given in to the Lords of his Majesties privie Councell by Mr Thomas Gordon Late regent at Glasgow Sheuing That the petitioner having upon the first citation come over from Aberdeen to present himself to the Councell and to renue his baile for appearance Is now by their Lordships ordained to goe to prisone and ther to Ly till farder order And seing the petitioner hes Lived peacably under the Government and given noe occasione of offence therto And that he is uilling to renue his former baile And find sufficient Caution to Live peacably in tyme Coming And to ansuer when Called And that it will very much Endainger the petitioners health and Certainly ruine his small fortune if he should Continow any tyme in prisone And therfore Humbly Craving to the effect underwryten as the said petition Bears The saids Lords of his Majesties privy Councill Having Considered this petition given in to them by the above Mr Thomas Gordon They heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner att Libertie furth therof In respect he hath given bond and found sufficient Caution acted in the books of privy Councell That he shall Live peacably under and uith all submission to the present government of his Majesties King William And that he shall not Act Consult nor Contrive any thing in prejudice therof nor Converss or Correspond uith any rebells And that he shall appear before the Lords of his Majesties privie Councell when Called for under the penaltie of Tuo Thousand merks scotts Contained in his former bond In caise he shall transgress in any pairt of the premisses And ordaines his former bond to be Given up
1. NRS, PC1/50, 488-9.
1. NRS, PC1/50, 488-9.
A1696/4/77
A1696/4/771
Act
Major James Buchan who hes been in France since the tyme alloued by the Late Act of parliament being under baile and upon Cautione Having appeared The Lords of his Majesties privy Councell Committed him prisoner to the tolbooth of Edinburgh And Gives order and warrand to the magistrats of Edinburgh and Keeper of their tolbooth to sett the said Major James Buchan at Libertie furth therof He first appearing before Sir James Steuart his Majesties Advocat and Enacting himself in the books of his Majesties privie Councell In such terms and under such penaltie as his Lordship finds he hes allouance for from his Majestie That he shall Depairt furth of his majesties dominions and that uithin such a tyme as the Lord Advocat shall appoint And also first Giving bond and finding sufficient Cautione acted in the books of privie Councell That he shall Live peacably under and uith all submission to the present Government of his Majestie King William And that he shall not Act Consult or Contryve anything In prejudice therof nor shall not Converss or Correspond uith any rebells And that he shall appear before the saids Lords of his majesties privy Councell when Called for or requyred therto In caise he shall be Called before he depairt the dominions And that under the penaltie of ane Thousand merks scotts In caise he shall transgress in any pairt of the premisses And upon Giving new bond appoints the former to be given up Before extracting the said Act Compeared the said Major James Buchan In presence of the Lord Advocat Conforme to his Lordships report after insert wherof the tenor folloues Compeared before Sir James Steuart his Majesties Advocat Major James Buchan And ther Conforme to ane ordinance of the Lords of privie Councell of the date the fifteenth day of Apryle instant Band obleidged and Enacted himself in the books of privy Councell That he shall depairt furth of this kingdome and of his majesties haill other dominions Betuixt and the tenth day of June nixt to Come or sooner at any tyme after the fifth day of may nixt to Come In caise the Lords of his majesties privie Councell shall think fitt that he depairt before the said tenth of June next As Lykeuise that he being furth of this Kingdome and his majesties other dominions He shall not goe to any of the dominions of the french King with whom his Majestie is in present open warr But shall abyde furth of this Kingdome and his Majesties other dominions and not goe to the dominions of the French King uithout his majesties express warrand As Lykewayes that during his forsaid abode abroad as said is He shall not Contrive or act anything against his Majestie his government forces or allayes directly or Indirectly, in any sort and that under the pains contained in the act of parliament Jaj vjc nyntie three against Corresponding uith France And farder the said Major James Buchan as principall and […] as Cautioner uith and for him Bind and obleidge them Conjunctly and severally and as Enacted in the forsaids books of privie Counsell That he the said Major James Buchan shall in the mean tyme before the said departure Live peacably with all submission to the present government of his Majestie King William and shall not Act Consult or Contryve anything in prejudice therof nor Converss or Correspond uith any rebells and farder that the said Major James shall appear before the Lords of privie Councell when called for or requyred therto at any tyme before his said departure and that under the penaltie of one Thousand merks scotts money to be payed by principall or Cautioner In caise the principall transgress in any pairt of the premisses sic subscribitur James Steuart
1. NRS, PC1/50, 486-8.
1. NRS, PC1/50, 486-8.
A1696/4/76
A1696/4/761
Act
Anent the petitione given in to the Lords of his majesties privie Councell By David Viscount of Stormont Sheuing That wher the petitioner Having been under Confynment since the year Jaj vjc nyntie three upon baile to Keep the samen and ansuer when called And in february Last upon application to their Lordships The samen uas taken off and he alloued to goe about his necessar affairs Did accordingly punctually attend And their Lordships being pleased to Committ him to the Castle of Edinburgh by which his health hes been very much prejudged and his privat affairs of very great Consequence to him altogither stopt And the petitioner Having alwayes Lived peacably and quietly uith all submission to the Law and Government under his Majestie King William And therfore Humblie Craving to the effect underwryten as the said petition bears The saids Lords of his Majesties privie Councell Having Considered this petition given in to them by the said Viscount of Stormont They heirby Recommend to the Earle of Leven Governor of the Castle of Edinburgh and In his absence Gives order and warrand to the nixt Commanding officer ther To sett the petitioner at Libertie furth of the same In respect He hath given bond and found sufficient Cautione acted in the books of privie Councell That he shall Live peacably under and uith all submission to the present government of his Majestie King William And that he shall not Act Consult nor Contrive anything in prejudice therof nor Converss or Correspond uith any rebells And that he shall appear before the Lords of his Majesties privie Councell when Called for under the penaltie of one Thousand five Hundreth pounds sterling In caise he shall transgress in any pairt of the premisses And ordaines his former bond to be given up
1. NRS, PC1/50, 485-6.
1. NRS, PC1/50, 485-6.
A1696/4/75
A1696/4/751
Order
Proposalls for Calling out the halfe of the Militia In severall shires To be offered to his Majesties Consideration read votted and approven And Recommended to the Lord high Chancelor to transmitt the peaper of proposalls to the principall secretary of state in a Letter this day by a flying pacquet to be laid before his Majestie Folloues the tenor of the proposalls
Upon his Majesties Commands direct to the privie Councell for putting the Kingdome of Scotland in a posture of defence against the Late threatned Invasione They have prepared the proposalls follouing for establishing the halfe of the foot militia in the shires aftermentioned To be represented to his Majestie by the secretary as what the Councell Judges the best expedient to secure the peace of the Countrey and putt the kingdome in a posture of Defence against any Invasion which hereafter may be aither threatned or made And that his Majesties Commands may be given therin and approbation therto
Primo att present It is thought expedient to sett up the halfe of the foot militia in the shires sett doun in the Lists underwryten which Ly most obnoxious to Invasione wherof each Company is to Consist of Fiftie men and Each regiment of Eight Companies making Four hundred men to a regiment wherof Three Hundred and fiftie are to be armed with fyre Locks and Bagonets And a Company of Fiftie with Lochaber axes and that ther be a drum to every Company and a pair of Colours to every regiment Secundo Item that the single Companies Doe muster and stay togither tuo dayes in the Last week of May and four dayes in the third week of June And that every regiment muster and stay togither for the whole six work dayes of the second week of July for this year And that the Tennentry pay every souldier six pence for each muster day of the Company or regiment Tertio Item The souldiers Listed for this Militia are to be exeemed from being Levyed to be sent abroad or to be otheruayes Imployed then in defence of the Countrey and so must be of the very best men not excepting the tennents themselves or their sons if themselves be superanwat Quarto Item They are to be Commanded by the Nobility and Gentrie The Collonells Leivtennant Collonells and Majors to be named by the Councell and the List of them to be sent to the King The Captains Leivtennants and one Ensigne for the Collonells Company to be named by the Commissioners of the Militia for every shire by advice and Consent of the Collonells The Captains Leivtennants and Ensigne are to be alwayes present every muster day The Leivtennant Having four shillings starline per diem The major every day to be uith one or other of the Companies by Turns To see them exercise And to have for his pay thretteen shilling starline Every muster day of the Company and regiment and the Ensigne to have three shillings starline for every one of the saids muster dayes which pay of the officers and also the Drummers pay Is to be payed by the King out of the supplies of the shire at tuelve shilling scotts per diem for the Drummers and six pence to every serjant besyds the pay he receavs as a souldier from the tennendry and the Drumms and Colours are to be furnished at the expence of the severall shires Quinto item That the militia arms Be keeped by the Heretors in Good order betuixt the Muster dayes And if any of them be Imbazled or urounged upon the Muster dayes so much of the souldiers pay Is to be detained as will putt them In order And wher the Heretor is not qualified by taking the oath of alleadgance and assurance The Captain to keep the arms of the men that belong to these Heretors Sexto Item that ther be Commissioners of the Militia named in every shire The Largest shires not exceeding the number of nyne wherof three to be officers And the smallest shires not under the number of Five wherof tuo to be officers The Greatest halfe of them being the Quorum aither the Collonell Leivtennant Collonell or Major being one of the Quorum Septimo Item The Commissioners of the Militia are to be appointed to meet at the head burghs of every shire upon the dayes follouing viz upon the first weekly mercat day after the tuo Rendivouz dayes in May And upon the first weekly mercat after the four rendivouz dayes in June And upon the tuo Last dayes of the six Rendivouz dayes in July To Act doe and determine in the points and conforme to the pouer Committed to them by the acts of parliament made anent the Militia which Commissioners are to be present every meeting or the absents to send to the Commissioners who shall meet a sufficient excuse which shall satisfie these who are Conveened or that the absents shall pay Three pounds scotts for each dayes absence Octavo Item that proces may be Intented before the Lords of privie Councell or Commissioners of supplie uithin the severall shires whose arms were taken from them in the Late tymes against such as took the saids arms from them and Keeped and detained the samen Nono Item that the Lords of his majesties privie Councell Doe Recommend to the Lords Commissioners of his majesties Thesaury To Cause provyde a sufficient quantaty of fyrearms for arming the Countrey in such way as their Lordships shall think best Decimo Item that the persons follouing Be Recommended to his Majestie to receave Commissions as Collonells Leivtennant Collonells and majors of the severall regiments of militia to be raised out of the respective shires In manner after set doune The Inferior officers being to be named by the Commissioners of the militia and Collonells Conform to the Act of parliament viz For the shire of Edinburgh one regiment Four Hundred men The Earle of Lauderdale Collonell Sir John Clerk Leivtennant Collonell Alexander Burnet Major The shire of Haddingtoune one Regiment Four Hundred men The Lord Yester Collonell […] Nisbet of Dirletoune Leivtennant Collonell […] Major The shire of Berwick one regiment Four Hundred men The Lord Poluarth Collonell Sir John Home of Blackader Leivtennant Collonell Captain Alexander Cockburn major The shires of Roxburgh Selkirk and Peebles tuo seven Hundred and nyntie nyne men The Earle of Dalkeith and the Earle of Roxburgh Collonells Sir Frances Scott of Thirlestaine and William Bennet of Grubet Leivtennant Collonells […] Keir of Neutoune and […] Murray of Chirrietrees Majors The shires of Linlithgow Stirling and Clackmannan one regiment Four hundred nyntie nyne men The Earle of Annandale Collonell Patrick Murray of Livingstoune Leivtennant Collonell […] major The Toune of Edinburgh one regiment Four Hundred men The Lord provost for the tyme Collonell […] Leivtennant Collonell and […] major The shires of Fyfe and Kinross tuo Regiments Eight Hundred men The Lord Lesly and the Lord Elcho Collonells […] Douglas of Strathendrie and […] Balfour of Damboig Leivtennant Collonells and […] Arnot of Auchmore Major The shire of Perth The Lord Murray and the Lord Ruthven Collonells […] Hay of Balhousie Leivtennant Collonell and […] as Major And Because the shires of Lanerk Air Renfrew Wigtoune Drumfreis and Argyle Having a Custome to traine their whole fencible men by Companies and having gott armes in the begining of the revolutione And now offered themselves to Come out In caise of any Invasion or Insurrectione Being Generallie most affectionat to his Majestie and the Government We find no necessity of forming them at present into a Militia But to Call togither the fencible men of these shires as shall be needfull And for the other northern shires a Great pairt are Highlands or Islands The Councell Having Cited in the heads of the Clanns in these Countries against the fourth day of June nixt to Come For making them give bonds to Keep the peace according to a Late Act of parliament and the antient Custome established by former Laus we Conceave it will be then most propper to establish the halfe foot militia ther after the method proposed as to other shires
1. NRS, PC1/50, 482-5.
1. NRS, PC1/50, 482-5.
A1696/4/74
A1696/4/741
Act
Anent the petition given in to the Lords of his Majesties privie Councell By Mr Thomas Wallace of Elderslie Sheuing That wher the petitioner having been under baile to appear before their Lordships when called And to Live peacably in the Mean tyme Did accordingly appear and uas by their Lordships order Committed to prisone And seing the petitioner hes Lived peacably ever since he was putt under Caution and did appear upon the first advertisement He had Just Ground to believe he might have been Continoued under Cautione But seing their Lordships thought fitt to Committ him to prison that he may be Continoued ther for some tyme by reasone of their Lordships Long adjurnment Finding his health already Impaired during this his short stay He hes Just reasone befour worse consequences if he should Continow Longer in prisone during the hot seasone of the year And Therfore Humblie Craving their Lordships aither to allow the petitioner his Libertie upon Cautione to Live peacably and appear when called as formerly or otherwayes to allow him to depart out of the kingdome within such Competent tyme as their Lordships shall find Convenient for him to putt his privat affairs in some order Both for extricating them out of the Confusion they have fallen under this whyle bypast and putting them on some setled method for the future And to allow him Libertie to goe about his affairs aither upon baile or upon his Act of Banishment during the tyme their Lordships shall think fitt to allow him And the petitioner is Content to Inact himself under such penaltie as their Lordships shall think fitt not to returne to this kingdome without his Majesties or their Lordships particular allowance to that effect as the said petition bears The Saids Lords of his Majesties privie Councell Having Considered this petitione given in to them by the above Mr Thomas Wallace They heirby Give order and warrand to the magistrats of Edinburgh and Keeper of their tolbooth to sett the petitioner at Liberty furth therof He first appearing before Sir James Steuart his Majesties advocat and Enacting himself in the books of his Majesties privie Councell In such tearms and under such penaltie as his Lordship finds he hes allowance for from his Majestie That he shall depart furth of his Majesties Dominions and that within such a tyme as the Lord Advocat shall appoint And also first Giving bond and finding sufficient Cautione acted in the books of privie Councell That he shall Live peacably under and with all submission to the present government of his Majestie King William And that he shall not Act Consult or Contrive anything In prejudice therof nor shall not Converss or Correspond uith any Rebells And that he shall appear before the saids Lords of his majesties privie Councell when called for or requyred therto And that under the penaltie of five Hundreth pounds Sterling In caise he shall transgress in any pairt of the premisses and upon Granting new bond appoints the former to be given up Before Extracting of the said Act Compeared the said Mr Thomas Wallace In presence of the Lord Advocat Conforme to his Lordships report after Insert wherof the tenor Folloues Compeared before Sir James Steuart his Majesties Advocat Mr Thomas Wallace of Elderslie And ther Conforme to ane ordinance of the Lords of privie Councell of the date the fifteenth instant Band obleidged and Inacted himself in the books of privie Councell That he shall Depairt furth of this kingdome and of his Majesties haill other dominions betuixt and the fifteenth day of June nixt to Come or sooner at any tyme after the fifth day of may nixt to Come in caise the Lords of his Majesties privie Councell shall think fitt that he depairt before the said Fifteenth of June nixt As Lykeuayes That being furth of this Kingdome and his Majesties other dominions He shall not goe to any of the dominions of the French King with whom his Majestie is in present open warr But shall abyde furth of this kingdome and his Majesties other Dominions and not goe to the Dominions of the French King without his Majesties express warrand As Lykeuise that during his forsaid aboad abroad as said is He shall not Contrive or act against his Majestie his Government Forces or alleyes directly or Indirectly In any sort and that under the pains Contained in the act of parliament Jaj vjc nyntie three against Corresponding uith France And Farder Mr Thomas Wallace as principall and […] as Cautioner with and for him Band and obleidged them Conjunctly and severally and as Enacted in the forsaid books of Councell That he the said Mr Thomas Wallace shall in the mean tyme before the said departure Live peacably with all submission to the present government of his Majestie King William And shall not Act Consult or Contrive anything in prejudice therof nor Converse or Correspond uith any rebells And farder that the said Mr Thomas shall appear before the Lords of privie Councell when called for or therto requyred at any tyme before his said Departure and that under the penaltie of five Hundred pounds sterline To be payed by principall or Cautioner In caise the principall transgress in any pairt of the premisses sic subscribitur James Steuart
1. NRS, PC1/50, 480-2.
1. NRS, PC1/50, 480-2.
A1696/4/73
A1696/4/731
Procedure
Mr Frances Montgomery Governor of the Castle of Dumbartoune produced the oath of alleadgance and assurance subscrived by him and […] Fergusone and […] Cathcart in the Castle of Stirling And the said Mr Frances Did suear the alleadgance this day in presence of the Councell And produced the samen and the assurance subscrived by him which was putt up uith the bundle of alleadgances and assurances
1. NRS, PC1/50, 480.
1. NRS, PC1/50, 480.