Tag Archives: 15 October 1696

Procedure: judicial proceedings, 15 October 1696, Edinburgh

Posted on by

Att Edinburgh the Fifftein day of October Jaj vic nyntie Six yeirs

D1696/10/131

Procedure: judicial proceedings

Sist executione Kirkwrd Against Neatherwrd

The Counsell doe heirby Sist executione at the instance of Geddes of Kirkurd against […] Law of Neatherurd upon the bill of Suspensione given in be Neatherwrd against Kirkurd untill the fifth day of November next to come inclusive And in the mean tyme allowes Kirkurd the charges to sie and ansuer the said bill of Suspensione against the day foirsaid

Att Edinburgh the Fifftein day of October Jaj vic nyntie Six yeirs

D1696/10/131

Procedure: judicial proceedings

Sist executione Kirkwrd Against Neatherwrd

The Counsell doe heirby Sist executione at the instance of Geddes of Kirkurd against […] Law of Neatherurd upon the bill of Suspensione given in be Neatherwrd against Kirkurd untill the fifth day of November next to come inclusive And in the mean tyme allowes Kirkurd the charges to sie and ansuer the said bill of Suspensione against the day foirsaid

1. NRS, PC2/26, 304v.

1. NRS, PC2/26, 304v.

Procedure: judicial proceedings, 15 October 1696, Edinburgh

Posted on by

Att Edinburgh the Fifftein day of October Jaj vic nyntie Six yeirs

D1696/10/121

Procedure: judicial proceedings

Sist of executione Charles Murray and his partners Against James Dunlope

Petitione Charles Murray and his pairtners Late tacksemen of the excyse of East and Midle Lothian And the towne of Edinburghs impositione Read and The Counsell Doe heirby sist all executione or qwartering wsed or to be wsed at the instance of James Dunlope pretending right to the said excyse and impositiones untill the Fifth day of November next to come inclwsive And if ther be any pairtners presentlie qwartered upon the petitioners for the Causs foirsaid ordaines them to be instantlie removed And allowes the said James Dunlope or any other pretending right or interest to the said excyse or impositiones to Sie and answer this petitione against the said Fifth of November next

Att Edinburgh the Fifftein day of October Jaj vic nyntie Six yeirs

D1696/10/121

Procedure: judicial proceedings

Sist of executione Charles Murray and his partners Against James Dunlope

Petitione Charles Murray and his pairtners Late tacksemen of the excyse of East and Midle Lothian And the towne of Edinburghs impositione Read and The Counsell Doe heirby sist all executione or qwartering wsed or to be wsed at the instance of James Dunlope pretending right to the said excyse and impositiones untill the Fifth day of November next to come inclwsive And if ther be any pairtners presentlie qwartered upon the petitioners for the Causs foirsaid ordaines them to be instantlie removed And allowes the said James Dunlope or any other pretending right or interest to the said excyse or impositiones to Sie and answer this petitione against the said Fifth of November next

1. NRS, PC2/26, 304v.

1. NRS, PC2/26, 304v.

Act, 15 October 1696, Edinburgh

Posted on by

Att Edinburgh the Fifftein day of October Jaj vic nyntie Six yeirs

D1696/10/111

Act

Act Basile Hamiltowne

The Lords of his majesties privie Counsell haveing considered a petitione given in to them be Lord Basile Hamiltowne The2 heirby allow the petitioner to import from Ireland the number of Six Score yowng Cows of the Lairgest kynd for makeing up his Lordships stock in the park of Baldoon And that frie of Custome And appoints the clerks of privie Counsell In respect the petitioner is not presentlie in towne to take bond Or obleisement from his Lordship when he shall returne to this towne That he shall import no more Cows then the above number And that he shall imploy the number to be imported for no other end but the makeing up of his Lordships Stock in the park of Baldowne wnder the penaltie of Five Hundereth merks Scotts money

Att Edinburgh the Fifftein day of October Jaj vic nyntie Six yeirs

D1696/10/111

Act

Act Basile Hamiltowne

The Lords of his majesties privie Counsell haveing considered a petitione given in to them be Lord Basile Hamiltowne The2 heirby allow the petitioner to import from Ireland the number of Six Score yowng Cows of the Lairgest kynd for makeing up his Lordships stock in the park of Baldoon And that frie of Custome And appoints the clerks of privie Counsell In respect the petitioner is not presentlie in towne to take bond Or obleisement from his Lordship when he shall returne to this towne That he shall import no more Cows then the above number And that he shall imploy the number to be imported for no other end but the makeing up of his Lordships Stock in the park of Baldowne wnder the penaltie of Five Hundereth merks Scotts money

1. NRS, PC2/26, 304r-304v.

2. Sic.

1. NRS, PC2/26, 304r-304v.

2. Sic.

Sederunt, 15 October 1696, Edinburgh

Posted on by

Att Edinburgh the Fifftein day of October Jaj vic nyntie Six yeirs1

D1696/10/102

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberrie; Earl of Tulliebarden; Earl of Morton; Earl of Lawderdale; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Kintore; Lord Carmichael; Lord Ruthven; Sir James Ogilvie; Lord Advocat; Lord Justiceclerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Laird of Blackbarrony

Att Edinburgh the Fifftein day of October Jaj vic nyntie Six yeirs1

D1696/10/102

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberrie; Earl of Tulliebarden; Earl of Morton; Earl of Lawderdale; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Kintore; Lord Carmichael; Lord Ruthven; Sir James Ogilvie; Lord Advocat; Lord Justiceclerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Laird of Blackbarrony

1. NRS, PC2/26, 304r.

2. NRS, PC2/26, 303v-304r.

1. NRS, PC2/26, 304r.

2. NRS, PC2/26, 303v-304r.

Decreet, 15 October 1696, Edinburgh

Posted on by

Att Edinburgh the Fifteenth day of October Jaj vic nyntie six years

A1696/10/151

Decreet

Interloquitor the Laird of McIntosh

The Lords of his Majesties privie Councill having Considered the petition of Lauchlan McIntosh of that ilk to his sacred Majestie with his Majesties Letter direct to their Lordships of the date the fourth day of May Last by past thereanent Togither with a printed representation by the said Laird of McIntosh to the Lords of his Majesties privie Councill read before their Lordships this day The saids Lords appoints their Clerks to prepare a new Commission For2 seasing Dead or alyve to be Granted to Collonell Sir John Hill and the said Laird of McIntosh with the new Letters of Concurrence and Intercomming att the instance of the Laird of McIntosh against Mcdonalds and others mentioned therein at Leist such of these as are yet on Life in the terms of the former Commission and Letters both dated the tuenty of September Jaj vic Eightie one And of the acts of privie Counsell follouing therein dated the tuenty third day of February and first day of March Jaj vic Eightie Eight years And present the same to the Councill against their nixt sederunt to be signed And theirby Gives order and warrand to And requires and ordaines Collonell Sir John Hill present Governour of Fortwilliam to be assisting and Concurring to the Laird of McIntosh in executing the Letters of Caption raised at his instance against Colonell Mcdonald of Keppoch and others therein contained For not payment of the Maills and duties and soumes therein contained and other causes therein mentioned Conform to the saids Letters of Caption which are of the date at Edinburgh the first day of January Jaj vic nyntie six years.

Att Edinburgh the Fifteenth day of October Jaj vic nyntie six years

A1696/10/151

Decreet

Interloquitor the Laird of McIntosh

The Lords of his Majesties privie Councill having Considered the petition of Lauchlan McIntosh of that ilk to his sacred Majestie with his Majesties Letter direct to their Lordships of the date the fourth day of May Last by past thereanent Togither with a printed representation by the said Laird of McIntosh to the Lords of his Majesties privie Councill read before their Lordships this day The saids Lords appoints their Clerks to prepare a new Commission For2 seasing Dead or alyve to be Granted to Collonell Sir John Hill and the said Laird of McIntosh with the new Letters of Concurrence and Intercomming att the instance of the Laird of McIntosh against Mcdonalds and others mentioned therein at Leist such of these as are yet on Life in the terms of the former Commission and Letters both dated the tuenty of September Jaj vic Eightie one And of the acts of privie Counsell follouing therein dated the tuenty third day of February and first day of March Jaj vic Eightie Eight years And present the same to the Councill against their nixt sederunt to be signed And theirby Gives order and warrand to And requires and ordaines Collonell Sir John Hill present Governour of Fortwilliam to be assisting and Concurring to the Laird of McIntosh in executing the Letters of Caption raised at his instance against Colonell Mcdonald of Keppoch and others therein contained For not payment of the Maills and duties and soumes therein contained and other causes therein mentioned Conform to the saids Letters of Caption which are of the date at Edinburgh the first day of January Jaj vic nyntie six years.

1. NRS, PC1/51, 28-9.

2. Several illegible words scored out here.

1. NRS, PC1/51, 28-9.

2. Several illegible words scored out here.

Procedure, 15 October 1696, Edinburgh

Posted on by

Att Edinburgh the Fifteenth day of October Jaj vic nyntie six years

A1696/10/141

Procedure

Association by Sir William Douglas his regiment and oath of alleadgance and assurance by the same regiment

Bond of Association subscribed by Sir William Douglas Collonell of one of his Majesties regiments of foot The Leivtenant Collonell, Major, Captains and other subalterns of the said regiment presented at the Councill Board and ordained to be Laid up among the other associations The oath of alleadgance and assurance subscribed by the officers of Sir William Douglas his regiment presented to the Councill and appointed to be Laid up with the other oaths and assurances Both which was done.

Att Edinburgh the Fifteenth day of October Jaj vic nyntie six years

A1696/10/141

Procedure

Association by Sir William Douglas his regiment and oath of alleadgance and assurance by the same regiment

Bond of Association subscribed by Sir William Douglas Collonell of one of his Majesties regiments of foot The Leivtenant Collonell, Major, Captains and other subalterns of the said regiment presented at the Councill Board and ordained to be Laid up among the other associations The oath of alleadgance and assurance subscribed by the officers of Sir William Douglas his regiment presented to the Councill and appointed to be Laid up with the other oaths and assurances Both which was done.

1. NRS, PC1/51, 28.

1. NRS, PC1/51, 28.

Order, 15 October 1696, Edinburgh

Posted on by

Att Edinburgh the Fifteenth day of October Jaj vic nyntie six years

A1696/10/131

Order

Order to Book Sellers to Give in Catalogues to the Councell Clerks

The Lords of his Majesties privie Counsell Doe heirby ordaine and appoint all the Book sellers within the burgh of Edinburgh Liberties priviledges or Suburbs of the same To make up exact Catalogues of the books to be sold by them or which are or may be in their chopes or houses or other places And to delyver in to the Clerks of privie Councell true and exact Coppies of the same Subscryved with their hands And that betuixt and the feast and terme of Mertimes next to Come And thereafter to delyver in full and exact Inventars subscribed as said is to the saids Clerks of all Books which shall come into their hands In order to Sale And that from time to tyme as they shall receave them before the offering to Sale vending or desposing any of the saids Books With Certification to the saids Book sellers that all the Books belonging to them which shall not be Contained in the saids Inventars shall be Confiscat to the publick use And ordaines the macers of Councill to make Intimation hereof to the severall Book sellers within the Bounds forsaids And to delyver in subscribed executions of the saids Intimations to the saids Clerks Containing the names of the persons to whom and the dayes whereupon the saids Intimations were made.

Att Edinburgh the Fifteenth day of October Jaj vic nyntie six years

A1696/10/131

Order

Order to Book Sellers to Give in Catalogues to the Councell Clerks

The Lords of his Majesties privie Counsell Doe heirby ordaine and appoint all the Book sellers within the burgh of Edinburgh Liberties priviledges or Suburbs of the same To make up exact Catalogues of the books to be sold by them or which are or may be in their chopes or houses or other places And to delyver in to the Clerks of privie Councell true and exact Coppies of the same Subscryved with their hands And that betuixt and the feast and terme of Mertimes next to Come And thereafter to delyver in full and exact Inventars subscribed as said is to the saids Clerks of all Books which shall come into their hands In order to Sale And that from time to tyme as they shall receave them before the offering to Sale vending or desposing any of the saids Books With Certification to the saids Book sellers that all the Books belonging to them which shall not be Contained in the saids Inventars shall be Confiscat to the publick use And ordaines the macers of Councill to make Intimation hereof to the severall Book sellers within the Bounds forsaids And to delyver in subscribed executions of the saids Intimations to the saids Clerks Containing the names of the persons to whom and the dayes whereupon the saids Intimations were made.

1. NRS, PC1/51, 28.

1. NRS, PC1/51, 28.

Act, 15 October 1696, Edinburgh

Posted on by

Att Edinburgh the Fifteenth day of October Jaj vic nyntie six years

A1696/10/121

Act

Act Seatoune of Gairletoun

Anent the petition given in to the Lords of his Majesties privie Councill By Sir George Seatoune of Gairletoun sheuing That whereas the petitioner being Confyned to his house of Gairletoune and tuo Milles about it And he having severall affairs to doe at the session which necessarly requires his presence And seing the petitioner hath already found Caution to appear when called And therfore humbly Craving their Lordships may be pleased to take off his Confynement That he may be at freedome to Come to Edinburgh to attend his Law affairs and Goe about his other bussiness in the Countrey his former bond and Caution aluayes standing Intire to appear when called as the said petition Bears The saids Lords of his Majesties privie Counsell having Considered this petition given in to them by the said Sir George Seatoune of Gairletoune They heirby take off the Confynment formerly putt upon him And declares the petitioner quite therof and free therfrom And notwithstanding therof Declares the petitioner free and at Libertie to Goe about his affairs at any place within this Kingdome as any others of his Majesties Leidges In respect the petitioner hath given bond and found sufficient Cautione acted in the books of privie Counsell 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 nor Contrive anything in prejudice therof nor shall not Converse or Correspond with any rebells And that he shall appear before the saids Lords of privie Counsell whensoever he shall be Called or required to that effect under the penaltie of ane thousand pounds sterling In caise he shall transgress in any pairt of the premises And in respect the petitioner hath Given this bond Ordaines his former bond to be Given up.

Att Edinburgh the Fifteenth day of October Jaj vic nyntie six years

A1696/10/121

Act

Act Seatoune of Gairletoun

Anent the petition given in to the Lords of his Majesties privie Councill By Sir George Seatoune of Gairletoun sheuing That whereas the petitioner being Confyned to his house of Gairletoune and tuo Milles about it And he having severall affairs to doe at the session which necessarly requires his presence And seing the petitioner hath already found Caution to appear when called And therfore humbly Craving their Lordships may be pleased to take off his Confynement That he may be at freedome to Come to Edinburgh to attend his Law affairs and Goe about his other bussiness in the Countrey his former bond and Caution aluayes standing Intire to appear when called as the said petition Bears The saids Lords of his Majesties privie Counsell having Considered this petition given in to them by the said Sir George Seatoune of Gairletoune They heirby take off the Confynment formerly putt upon him And declares the petitioner quite therof and free therfrom And notwithstanding therof Declares the petitioner free and at Libertie to Goe about his affairs at any place within this Kingdome as any others of his Majesties Leidges In respect the petitioner hath given bond and found sufficient Cautione acted in the books of privie Counsell 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 nor Contrive anything in prejudice therof nor shall not Converse or Correspond with any rebells And that he shall appear before the saids Lords of privie Counsell whensoever he shall be Called or required to that effect under the penaltie of ane thousand pounds sterling In caise he shall transgress in any pairt of the premises And in respect the petitioner hath Given this bond Ordaines his former bond to be Given up.

1. NRS, PC1/51, 27-8.

1. NRS, PC1/51, 27-8.

Decreet, 15 October 1696, Edinburgh

Posted on by

Att Edinburgh the Fifteenth day of October Jaj vic nyntie six years

A1696/10/111

Decreet

Decreit His Majesties Advocat Against John Fraser for Blasphemy

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of his Majesties privie Councill att the instance of Sir James Steuart his Majesties Advocat for his highness Intrest in the matter underwryten Mentioning That when by the Law of God The Laus and acts of parliament of this and all Christian Kingdoms The denying Impugning or quarrelling arguing or reasoning against the Being of God or any of the persons of the Blessed Trinity or the authority of the holy Scriptures of the old and new testaments or the providence of God in the Government of the worlde and that either by wryting or discoursing are Crimes of ane high nature and ought to be severely punished Nevertheless It is of veritie That John Fraser Book Keeper to Alexander Innes Factor in Edinburgh Casting off all fear of God and regaird to his Majesties Laus Did upon one or other of the days of July Agust or September Last bypast take the boldness in and by his discourse to deny Impugne Argue or reasone against the Being of God saying that ther was no God to whom men oued that reverence worship and obedience so much talked off And that tho ther was a being who Created the worlde yet that Creator did not make any of his Creatures to be damned for any evill that they should doe Lykeas the said John denyed Impugned or argued against the Immortality of the Soull affirming that the soull of Man Dyed as the Soull of a Beast And that ther was noe more account of it As Lykewayes that ther was no devill And when it was ansuered that it were to be wished The devill would Come and take him away that night that he might Beleive ther was a devill he wished the same and that he might but see him And as to the holy Scriptures he ridiculed them saying he beleived none of them Arguing against their divyne authority And affirming they were only made to freighten folks and to Keep them In order And when asked what religion he could be off that held such principles he ansuered of no religion at all but was first ane Athiest and that was all his religion By all which It appears that the said John Fraser Is guiltie airt and part of the Blasphemies and Irreligion above Lybelled Which Being proven he ought to be therfore punished in his persone and Goods by sentence of the Lords of his Majesties privie Councill To the example and terror of others to Committ the Lyke in tyme coming And anent the charge given to the saids John Fraser Defendar To have Compeared personallie before the saids Lords of his Majesties privie Councill att ane Certain day bygone To have ansuered to the grounds of the said Complaint And to have heard and seen such orders and course taken theirwith as the saids Lords should think fitt under the paine of rebellion And putting him to the horne with certificatione etc As in the saids principall Letters of Complaint with the executions therof at more Length is Contained Upon the thretteenth day of October Instant The said Lybell being Called in presence of the saids Lords of his Majesties privie Councill And the said Sir James Steuart for his Majesties Interest Compearing personallie And the said John Fraser Compearing also personallie Gave in the ansuers following to the said Lybell viz That waving the denyall of the Lybell and these other formalities that defenders usuallie Shelter themselves with against Complaints before the saids Lords he doeth with the greatest greiff of heart Imaginable Regrate his oune unhappiness and inadvertancy That any thing should have escaped him In discourse with Indiscreet and ignorant persons that should have given the Leist rise to so much dishonor to the Glorious name of god and offence to Good people as the subject of this Complaint has through unluckie mistake of the persons with whom he was in discourse now at Length happned to Give And before he make a speciall account of the discourse Complained of and occasione of the same he humblie Beggs Leave to Informe their Lordships That as he is the son of Robert Fraser in Peterhead who testified his firmness to the protestant religion according to the presbyterian persuasione by the hardship he underwent and repeated fynes he payed in the Late reigns as is Knouen to some of their Lordships Number And As his Education with his said father was with the Greatest regaird and respect to his being duely Instructed in the principles of our most holy Christian Religion whereof he hath Given evidence By his good Keeping the Church so doeth he oune himself of the same Religion And with the deepest and most profound veneration doeth he acknowledge the Being of God and the persons of the Blessed Trinity with the all wise and powerful providence of the most holy God over all the Creatures and their actions And doeth oun the divyne authority of the holy scriptures as the rule by which he is directed to Glorifie his God as the end of his Creation And This being promised he now in all humility And with abundance of Greif offer their Lordships the following true and sincere account of the discourse that seems to have Given occasion to this Complaint which was as folloueth Viz That upon the […] day of Agust Last by past about nyne of the clock at night he being in his oune chamber in the house of Robert Henry Their discourse came to dipp upon some very good notts of a sermone that had been preached the day before he not Knouing the Measure of his Landlord or Land Lady’s Knouledge or understanding in matters of divinity They being but strangers to him who had been some few weeks of before Lordged in their house he did indeed in the prosecution of their Discourse instance a Nottorious Blasphemer viz Charles Blunt in his peice Entituled his oracles of Reasone wher he adventured most Impiously as he hear to Impugne the diety and authority of the scriptures And to deny divine providence And thinking that his Landlord uould have ansuered the said Blunt his profane arguments he did resume one or tuo that fell then in his mind upon which his Landlady mistaking his meaning and Checking him for instancing such arguments The Landlord and she went out of the room to his Great surprisall And that he had not occasion to undeceave them as to their apprehensions of him till the next morning that he did see his Landlord And told him that he was a fool to have mistaken what he was saying of Blunt the night before And that he ought not to have misconstructed his principles By Imputing Blunts Athiestical tenents to him which he did expressly disoun to him as being of no such principles But on the Contrary that he had a Book Entituled Hugo Grotius of the truth of Christian religion which was able to defeat what any such Athiest was able to say against the same Nevertheless he is Informed that his Landlady did wrongously and Inadvertantly surmise her misapprehension of his principles which has occasioned no small greiff and trouble to him as well as ane open and manifest scandall to all holy men and Good Christians And this being the true rise and occasion to this Scandall Their Lordships may perceave that this Landlady her weekness and misapprehension has occasioned much trouble to him and dishonour to the holy name of God And albeit he goes not for declyning any Course their Lordships should think propper for Vindicating the honour of God upon his part as the most Greivous accident that could have befallen this That his discourse through the want of Judgement and weekness of these that discoursed with him should have even mistaken to such a degree as by their propagating their said mistake he should be made the occasion of Dishonouring God by such a scandall yet he in all humility Beggs their Lordships primo to Consider the terms of the Act Eleventh, session fifth of this Current parliament wheirby the first fault by such foolish reasonings is punishable only by publick satisfaction for removing the scandall And the uorlde Cannot say that Ever he was heard in such sort of reasonings as the Act of parliament does most Justly discharge his Land Lady’s misapprehending what he said expressly of Blunt not being his fault but the error of her Judgement Secundo that their Lordships would be pleased to Consider how farr his abhorrence of those Blasphemous principles heirby profest under his hand with what farder acknowledgements before Kirk sessions or Presbytries their Lordships shall think fitt may be sufficient for Liberating him for any appearance in sackcloth when in point of Concscience he Cannot openly acknowledge in presence of God that ever he did assert or oune any thing such thing as is Lybelled nor did speak of Blunts principles with any approbation therof But on the Contrary did reprobat the same nor did he occasion the scandall that is arisen by his Landlady’s misapprehension as said is And which a more publick appearance would rather but propogat and bring to the Knouledge of people who have not as yet been amused with any such relation of Blasphemous principles The Forsaid Lybell and Ansuers forsaids made theirto Being both read in presence of the saids Lords The Saids Lords of his Majesties privie Councill by their Interloquitor of the date the thretteenth of october instant Admitted the Lybell to the Lord Advocat his probation And the witnesses being Called for appeared and having made furth att the Barr The saids Lords nominated and appointed a Committee of their oune Number for examining the witnesses And reserved all objections which might be made against the saids witnesses to be prepared and discust before the Committee And the said Committee having mett Did take the oaths and depositions of diverse and sundrie famous witnesses who being all solemnly suorne Interrogat and examined Deponed and Declared as their oaths and depositions extant in preces bears And The saids Lords of his Majesties privie Councill being this day to Advyse the said proces The said defender gave in a petition to them Sheuing That wherin the Complaint his Majesties Advocat against the petitioner for his Crimes of discoursing Impugning of or reasoning against the Being of god and the authority of the holy Scriptures etc The probation being now to be advysed by their Lordships in all humility Beggs Leave to putt their Lordships in mind to Reconsider his ansuers to the Lybell primo The acknouledgment of the being of God The persons of the holy Trinity and the authority of the holy Scriptures as the rule by which the petitioner is directed to Glorifie god as the end of his Creation And of his profession of the true protestant religion secundo of the great grieff and sorrow he hath for his sin against God and scandall to all holy men and Good Christians in such foolish and profane reasoning before Ignorant people And in Citing such ane Blasphemous Author as Blunt Tertio of the abhorrence and detestation he hath to these blasphemous principles And Lastly that their Lordships would be pleased to mind That in his ansuers And at the barr acknouledged his foolish Reasonings etc But that in point of Conscience he Could not acknouledge that pairt of the Lybell Bearing such ane fearfull Imprecation and declaration Viz that he wished the devill to Come and take him away And that he declared he was of no Religion at all but ane Athiest which acknouledgment would have been a plaine Contradiction of what he had said in his ansuers And seing that none of this tuo is proven as their Lordships may perceave by the depositions of the witnesses Their Lordships would be pleased to Consider that the petitioner being a young man and Ignorant of the Acts of parliament And he being the first who has had the unluckie misfortune to fall under this Late Act of parliament And theirfore humbly Craving their Lordships would seriously Consider the premises with his ansuers to the Lybell And out of Compassion Be pleased to Liberat him upon his first Craving God pardon for the heynous sin Committed against his holy name and then their Lordships otherwise to remitt him to Give privat satisfaction to sessions or presbytries seing that more publick appearance would raither propogat the same And stumble some people and bring others to search after such blasphemous books who now Knous nothing of the same as the said petition at more Length Bears The saids Lords of his Majestiers privie Councill having this day Considered the depositions of the witnesses adduced upon the forsaid Lybell with the forsaid petition given in by the defender They Find it sufficiently proven That the Defendar has argued against the being of God The persons of the Trinity The Immortality of the soull and the authority of the Scriptures And therfore Decerns and ordains the said John Fraser defender to Continue prisoner in the tolbooth of Edinburgh untill he make his application to the presbytery of Edinburgh and Give publick Satisfaction in sackcloath at the parish kirk wher the said Crime was Committed in the terms of the Eleventh Act fifth session of this Current parliament And that he stand accordingly And Remitts him to the presbytrie to the effect forsaid And upon producing to the Clerks of Councill a testificat from the presbytrie of Edinburgh Bearing that the defender hath satisfied as above appointed Ordaines the Magistrats of Edinburgh and Keeper of their tolbooth to sett the petitioner at Libertie furth of the same.

Att Edinburgh the Fifteenth day of October Jaj vic nyntie six years

A1696/10/111

Decreet

Decreit His Majesties Advocat Against John Fraser for Blasphemy

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of his Majesties privie Councill att the instance of Sir James Steuart his Majesties Advocat for his highness Intrest in the matter underwryten Mentioning That when by the Law of God The Laus and acts of parliament of this and all Christian Kingdoms The denying Impugning or quarrelling arguing or reasoning against the Being of God or any of the persons of the Blessed Trinity or the authority of the holy Scriptures of the old and new testaments or the providence of God in the Government of the worlde and that either by wryting or discoursing are Crimes of ane high nature and ought to be severely punished Nevertheless It is of veritie That John Fraser Book Keeper to Alexander Innes Factor in Edinburgh Casting off all fear of God and regaird to his Majesties Laus Did upon one or other of the days of July Agust or September Last bypast take the boldness in and by his discourse to deny Impugne Argue or reasone against the Being of God saying that ther was no God to whom men oued that reverence worship and obedience so much talked off And that tho ther was a being who Created the worlde yet that Creator did not make any of his Creatures to be damned for any evill that they should doe Lykeas the said John denyed Impugned or argued against the Immortality of the Soull affirming that the soull of Man Dyed as the Soull of a Beast And that ther was noe more account of it As Lykewayes that ther was no devill And when it was ansuered that it were to be wished The devill would Come and take him away that night that he might Beleive ther was a devill he wished the same and that he might but see him And as to the holy Scriptures he ridiculed them saying he beleived none of them Arguing against their divyne authority And affirming they were only made to freighten folks and to Keep them In order And when asked what religion he could be off that held such principles he ansuered of no religion at all but was first ane Athiest and that was all his religion By all which It appears that the said John Fraser Is guiltie airt and part of the Blasphemies and Irreligion above Lybelled Which Being proven he ought to be therfore punished in his persone and Goods by sentence of the Lords of his Majesties privie Councill To the example and terror of others to Committ the Lyke in tyme coming And anent the charge given to the saids John Fraser Defendar To have Compeared personallie before the saids Lords of his Majesties privie Councill att ane Certain day bygone To have ansuered to the grounds of the said Complaint And to have heard and seen such orders and course taken theirwith as the saids Lords should think fitt under the paine of rebellion And putting him to the horne with certificatione etc As in the saids principall Letters of Complaint with the executions therof at more Length is Contained Upon the thretteenth day of October Instant The said Lybell being Called in presence of the saids Lords of his Majesties privie Councill And the said Sir James Steuart for his Majesties Interest Compearing personallie And the said John Fraser Compearing also personallie Gave in the ansuers following to the said Lybell viz That waving the denyall of the Lybell and these other formalities that defenders usuallie Shelter themselves with against Complaints before the saids Lords he doeth with the greatest greiff of heart Imaginable Regrate his oune unhappiness and inadvertancy That any thing should have escaped him In discourse with Indiscreet and ignorant persons that should have given the Leist rise to so much dishonor to the Glorious name of god and offence to Good people as the subject of this Complaint has through unluckie mistake of the persons with whom he was in discourse now at Length happned to Give And before he make a speciall account of the discourse Complained of and occasione of the same he humblie Beggs Leave to Informe their Lordships That as he is the son of Robert Fraser in Peterhead who testified his firmness to the protestant religion according to the presbyterian persuasione by the hardship he underwent and repeated fynes he payed in the Late reigns as is Knouen to some of their Lordships Number And As his Education with his said father was with the Greatest regaird and respect to his being duely Instructed in the principles of our most holy Christian Religion whereof he hath Given evidence By his good Keeping the Church so doeth he oune himself of the same Religion And with the deepest and most profound veneration doeth he acknowledge the Being of God and the persons of the Blessed Trinity with the all wise and powerful providence of the most holy God over all the Creatures and their actions And doeth oun the divyne authority of the holy scriptures as the rule by which he is directed to Glorifie his God as the end of his Creation And This being promised he now in all humility And with abundance of Greif offer their Lordships the following true and sincere account of the discourse that seems to have Given occasion to this Complaint which was as folloueth Viz That upon the […] day of Agust Last by past about nyne of the clock at night he being in his oune chamber in the house of Robert Henry Their discourse came to dipp upon some very good notts of a sermone that had been preached the day before he not Knouing the Measure of his Landlord or Land Lady’s Knouledge or understanding in matters of divinity They being but strangers to him who had been some few weeks of before Lordged in their house he did indeed in the prosecution of their Discourse instance a Nottorious Blasphemer viz Charles Blunt in his peice Entituled his oracles of Reasone wher he adventured most Impiously as he hear to Impugne the diety and authority of the scriptures And to deny divine providence And thinking that his Landlord uould have ansuered the said Blunt his profane arguments he did resume one or tuo that fell then in his mind upon which his Landlady mistaking his meaning and Checking him for instancing such arguments The Landlord and she went out of the room to his Great surprisall And that he had not occasion to undeceave them as to their apprehensions of him till the next morning that he did see his Landlord And told him that he was a fool to have mistaken what he was saying of Blunt the night before And that he ought not to have misconstructed his principles By Imputing Blunts Athiestical tenents to him which he did expressly disoun to him as being of no such principles But on the Contrary that he had a Book Entituled Hugo Grotius of the truth of Christian religion which was able to defeat what any such Athiest was able to say against the same Nevertheless he is Informed that his Landlady did wrongously and Inadvertantly surmise her misapprehension of his principles which has occasioned no small greiff and trouble to him as well as ane open and manifest scandall to all holy men and Good Christians And this being the true rise and occasion to this Scandall Their Lordships may perceave that this Landlady her weekness and misapprehension has occasioned much trouble to him and dishonour to the holy name of God And albeit he goes not for declyning any Course their Lordships should think propper for Vindicating the honour of God upon his part as the most Greivous accident that could have befallen this That his discourse through the want of Judgement and weekness of these that discoursed with him should have even mistaken to such a degree as by their propagating their said mistake he should be made the occasion of Dishonouring God by such a scandall yet he in all humility Beggs their Lordships primo to Consider the terms of the Act Eleventh, session fifth of this Current parliament wheirby the first fault by such foolish reasonings is punishable only by publick satisfaction for removing the scandall And the uorlde Cannot say that Ever he was heard in such sort of reasonings as the Act of parliament does most Justly discharge his Land Lady’s misapprehending what he said expressly of Blunt not being his fault but the error of her Judgement Secundo that their Lordships would be pleased to Consider how farr his abhorrence of those Blasphemous principles heirby profest under his hand with what farder acknowledgements before Kirk sessions or Presbytries their Lordships shall think fitt may be sufficient for Liberating him for any appearance in sackcloth when in point of Concscience he Cannot openly acknowledge in presence of God that ever he did assert or oune any thing such thing as is Lybelled nor did speak of Blunts principles with any approbation therof But on the Contrary did reprobat the same nor did he occasion the scandall that is arisen by his Landlady’s misapprehension as said is And which a more publick appearance would rather but propogat and bring to the Knouledge of people who have not as yet been amused with any such relation of Blasphemous principles The Forsaid Lybell and Ansuers forsaids made theirto Being both read in presence of the saids Lords The Saids Lords of his Majesties privie Councill by their Interloquitor of the date the thretteenth of october instant Admitted the Lybell to the Lord Advocat his probation And the witnesses being Called for appeared and having made furth att the Barr The saids Lords nominated and appointed a Committee of their oune Number for examining the witnesses And reserved all objections which might be made against the saids witnesses to be prepared and discust before the Committee And the said Committee having mett Did take the oaths and depositions of diverse and sundrie famous witnesses who being all solemnly suorne Interrogat and examined Deponed and Declared as their oaths and depositions extant in preces bears And The saids Lords of his Majesties privie Councill being this day to Advyse the said proces The said defender gave in a petition to them Sheuing That wherin the Complaint his Majesties Advocat against the petitioner for his Crimes of discoursing Impugning of or reasoning against the Being of god and the authority of the holy Scriptures etc The probation being now to be advysed by their Lordships in all humility Beggs Leave to putt their Lordships in mind to Reconsider his ansuers to the Lybell primo The acknouledgment of the being of God The persons of the holy Trinity and the authority of the holy Scriptures as the rule by which the petitioner is directed to Glorifie god as the end of his Creation And of his profession of the true protestant religion secundo of the great grieff and sorrow he hath for his sin against God and scandall to all holy men and Good Christians in such foolish and profane reasoning before Ignorant people And in Citing such ane Blasphemous Author as Blunt Tertio of the abhorrence and detestation he hath to these blasphemous principles And Lastly that their Lordships would be pleased to mind That in his ansuers And at the barr acknouledged his foolish Reasonings etc But that in point of Conscience he Could not acknouledge that pairt of the Lybell Bearing such ane fearfull Imprecation and declaration Viz that he wished the devill to Come and take him away And that he declared he was of no Religion at all but ane Athiest which acknouledgment would have been a plaine Contradiction of what he had said in his ansuers And seing that none of this tuo is proven as their Lordships may perceave by the depositions of the witnesses Their Lordships would be pleased to Consider that the petitioner being a young man and Ignorant of the Acts of parliament And he being the first who has had the unluckie misfortune to fall under this Late Act of parliament And theirfore humbly Craving their Lordships would seriously Consider the premises with his ansuers to the Lybell And out of Compassion Be pleased to Liberat him upon his first Craving God pardon for the heynous sin Committed against his holy name and then their Lordships otherwise to remitt him to Give privat satisfaction to sessions or presbytries seing that more publick appearance would raither propogat the same And stumble some people and bring others to search after such blasphemous books who now Knous nothing of the same as the said petition at more Length Bears The saids Lords of his Majestiers privie Councill having this day Considered the depositions of the witnesses adduced upon the forsaid Lybell with the forsaid petition given in by the defender They Find it sufficiently proven That the Defendar has argued against the being of God The persons of the Trinity The Immortality of the soull and the authority of the Scriptures And therfore Decerns and ordains the said John Fraser defender to Continue prisoner in the tolbooth of Edinburgh untill he make his application to the presbytery of Edinburgh and Give publick Satisfaction in sackcloath at the parish kirk wher the said Crime was Committed in the terms of the Eleventh Act fifth session of this Current parliament And that he stand accordingly And Remitts him to the presbytrie to the effect forsaid And upon producing to the Clerks of Councill a testificat from the presbytrie of Edinburgh Bearing that the defender hath satisfied as above appointed Ordaines the Magistrats of Edinburgh and Keeper of their tolbooth to sett the petitioner at Libertie furth of the same.

1. NRS, PC1/51, 22-7.

1. NRS, PC1/51, 22-7.

Warrant, 15 October 1696, Edinburgh

Posted on by

Att Edinburgh the Fifteenth day of October Jaj vic nyntie six years

A1696/10/101

Warrant

Warrand to mark Sir William Douglasses tuo Letters for France

The Letters from Sir William Douglass Collonell of one of his Majesties regiments of foot Direct for France Being produced open att the Councill board The Lords of his Majesties privie Councill Doe heirby allow these tuo Letters to be transmitted to France The same being first marked by his Majesties Advocat And Recommends to the said Lord Advocat to marke the saids tuo Missive Letters which are delivered back to the said Sir William Douglas.

Att Edinburgh the Fifteenth day of October Jaj vic nyntie six years

A1696/10/101

Warrant

Warrand to mark Sir William Douglasses tuo Letters for France

The Letters from Sir William Douglass Collonell of one of his Majesties regiments of foot Direct for France Being produced open att the Councill board The Lords of his Majesties privie Councill Doe heirby allow these tuo Letters to be transmitted to France The same being first marked by his Majesties Advocat And Recommends to the said Lord Advocat to marke the saids tuo Missive Letters which are delivered back to the said Sir William Douglas.

1. NRS, PC1/51, 22.

1. NRS, PC1/51, 22.