Tag Archives: 15 September 1692

Act, 15 September 1692, Edinburgh

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Edinburgh the Fyftein day of September Jaj vjc nyntie two years

D1692/9/121

Act

Act The Collector of the Bishops rents

Anent a Petition given in to the Lords of their majesties Privy Councill be James Hamilton writter to the signet generall Collector of the revenewes formerly belonging to the Archbishops and Bishops within this kingdome Shewing That quher by the Commission granted to the petitioner he was Impowred and authorized to uplift the haill revenewes profitts teinds and Casuallities belonging formerly to the Archbishops bishops and Deans within this kingdome, And their being about five hundred aikers of land Lying about the toune of St Androwes called the Pryor Aikers the teinds quherof being in use to be drawen yearly be the Archbishops of St Androwes and their factors and led by the severall respective heritors and possessors of the saids aikers and ther tenants to the Bishops teynd yeard, notwithstanding quherof And that the Bishops ware in Continuall possession for near thretie years by past to cause the saide heritors possessors and tennants respective lead their oun teinds, yet it was pretended by them, That before the restoration of Episcopacie in the year Jaj vjc Sixtie two They ware not in use to lead ther teinds, Bot these who hade right to the revenewes of that Bishoprick were in use to lead them one their oun charges, And therfore they refuse to lead their teynds Intending aither to force the petitioner the kings Chamberland to lead the same upon the kings charges or else to lead away the stock and leave the teynd upon the ground as to which it is Represented Primo That the saids heritors possessors and tennants forsaids being in use to lead ther teynds to the Bishop as they acknowledge for near threttie years by past And the king haveing succeided in their place has right to all Casualities and Immunities belonging to the Bishop and haveing near threttie years possession he can not be sumarly removed therfrom via fait sed via juris a seven years possession being suficient to constitute a possessory Judgment and if the heritors have any right of Immunitie from the leading their teinds They must declair the same before the Judge ordinar And not Sumarly invert the kings possessione at their oun hands Secundo it is the Constant Custome through all Scotland that heritors of lands doe lead the titulars teynds with their oun Corts So what exemption the burgh of St Androwes Ought to pretend from other heritors of the kingdome most be made appear before the Judge ordinar And seing that the saids teynds are now ready to be drawen And that this being a matter of possessione falls properly under the saids Lords Cogniscance and the determinatione therof admitting no delay And Therfore Humbly Craveing the saids Lords would grant warrand to the petitioner as their Majesties Collector to Continue in the possession which they Bishops hade near Threttie years by past, And to Ordaine the heritors possessors and tennants of the saids Pryar Aikers and particullarly the persones afternamed viz Androw Clerk present Dean of gild of St Androwes, Thomas Findlay late baillie ther James Nicolsone present thesaurer ther, Thomas Carstairs maltman their, John Honyman maltman their, Thomas Ramsay Laberour ther, John Fairfoull maltman ther George Rymer maltman ther, Alexander Johnston brewer ther, Alexander Weymes brewer ther, David Carstairs maltman ther, William Watsone maltman on their John Baird meall maker James Fairnie meall maker ther, John Fairnie mynle master ther James Brown maltman ther, Androw Gullen of Cocbeckie, William Carstairs maltman ther and James Fogie late baillie, Androw Carstairs late thesaurer ther Robert Martine maltman ther present heritors and possessors tennants and laberours of the saids aikers respective to lead their teynds growing upon the severall aikers possest be them from the ground of the saids lands to the odinar teynd years upon their oun proper charges for this present year Jaj vjc nyntie two Conforme to use and wont, And to grant warrand for Directing letters of horning against the persones abovenamed for that effect Reserving to them any action of Imunity from leading the same to be discust before the Judge Ordinar as accords as the petitione bears, The Lords of their majesties privy Councill Haveing Considered this petitione given in to them be the above Collector to Continue in the possession which the Bishops hade, And ordaines the heritors possessors tennants and laberours of the above Pryer Aikers possessed be them from the ground of the saids charges for this present year Jaj vjc nyntie two Conforme to use and wont And ordaines letters of horning upon fiftein days against the above persones for that effect Reserveing allwayes to them any citation of Immunity from leading the same to be discussed before the Judge Ordinar as accords.

Edinburgh the Fyftein day of September Jaj vjc nyntie two years

D1692/9/121

Act

Act The Collector of the Bishops rents

Anent a Petition given in to the Lords of their majesties Privy Councill be James Hamilton writter to the signet generall Collector of the revenewes formerly belonging to the Archbishops and Bishops within this kingdome Shewing That quher by the Commission granted to the petitioner he was Impowred and authorized to uplift the haill revenewes profitts teinds and Casuallities belonging formerly to the Archbishops bishops and Deans within this kingdome, And their being about five hundred aikers of land Lying about the toune of St Androwes called the Pryor Aikers the teinds quherof being in use to be drawen yearly be the Archbishops of St Androwes and their factors and led by the severall respective heritors and possessors of the saids aikers and ther tenants to the Bishops teynd yeard, notwithstanding quherof And that the Bishops ware in Continuall possession for near thretie years by past to cause the saide heritors possessors and tennants respective lead their oun teinds, yet it was pretended by them, That before the restoration of Episcopacie in the year Jaj vjc Sixtie two They ware not in use to lead ther teinds, Bot these who hade right to the revenewes of that Bishoprick were in use to lead them one their oun charges, And therfore they refuse to lead their teynds Intending aither to force the petitioner the kings Chamberland to lead the same upon the kings charges or else to lead away the stock and leave the teynd upon the ground as to which it is Represented Primo That the saids heritors possessors and tennants forsaids being in use to lead ther teynds to the Bishop as they acknowledge for near threttie years by past And the king haveing succeided in their place has right to all Casualities and Immunities belonging to the Bishop and haveing near threttie years possession he can not be sumarly removed therfrom via fait sed via juris a seven years possession being suficient to constitute a possessory Judgment and if the heritors have any right of Immunitie from the leading their teinds They must declair the same before the Judge ordinar And not Sumarly invert the kings possessione at their oun hands Secundo it is the Constant Custome through all Scotland that heritors of lands doe lead the titulars teynds with their oun Corts So what exemption the burgh of St Androwes Ought to pretend from other heritors of the kingdome most be made appear before the Judge ordinar And seing that the saids teynds are now ready to be drawen And that this being a matter of possessione falls properly under the saids Lords Cogniscance and the determinatione therof admitting no delay And Therfore Humbly Craveing the saids Lords would grant warrand to the petitioner as their Majesties Collector to Continue in the possession which they Bishops hade near Threttie years by past, And to Ordaine the heritors possessors and tennants of the saids Pryar Aikers and particullarly the persones afternamed viz Androw Clerk present Dean of gild of St Androwes, Thomas Findlay late baillie ther James Nicolsone present thesaurer ther, Thomas Carstairs maltman their, John Honyman maltman their, Thomas Ramsay Laberour ther, John Fairfoull maltman ther George Rymer maltman ther, Alexander Johnston brewer ther, Alexander Weymes brewer ther, David Carstairs maltman ther, William Watsone maltman on their John Baird meall maker James Fairnie meall maker ther, John Fairnie mynle master ther James Brown maltman ther, Androw Gullen of Cocbeckie, William Carstairs maltman ther and James Fogie late baillie, Androw Carstairs late thesaurer ther Robert Martine maltman ther present heritors and possessors tennants and laberours of the saids aikers respective to lead their teynds growing upon the severall aikers possest be them from the ground of the saids lands to the odinar teynd years upon their oun proper charges for this present year Jaj vjc nyntie two Conforme to use and wont, And to grant warrand for Directing letters of horning against the persones abovenamed for that effect Reserving to them any action of Imunity from leading the same to be discust before the Judge Ordinar as accords as the petitione bears, The Lords of their majesties privy Councill Haveing Considered this petitione given in to them be the above Collector to Continue in the possession which the Bishops hade, And ordaines the heritors possessors tennants and laberours of the above Pryer Aikers possessed be them from the ground of the saids charges for this present year Jaj vjc nyntie two Conforme to use and wont And ordaines letters of horning upon fiftein days against the above persones for that effect Reserveing allwayes to them any citation of Immunity from leading the same to be discussed before the Judge Ordinar as accords.

1. NRS, PC2/24, 122r-123v.

1. NRS, PC2/24, 122r-123v.

Act, 15 September 1692, Edinburgh

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Edinburgh the Fyftein day of September Jaj vjc nyntie two years

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Act

Act Dumbeath and his brothers2

Anent a Petition given in to the Lords of their majesties privy Councill be John Sinclar of Dumbaith William James and David Sinclares his brothers for themselves and in name and behalf of the heritors within the shyre of Caithness Shewing That John Earle of Brodalbine haveing upon the fiftie day of Jully last given in a petitione to the saids Lords Representing that the books of the valuatione and Collectors books of the excuse and supplie within the shyre of Caithnes being in the Custody and possession of William Sinclair of Dumbaith, The saids books might now after his decease happen to be miscaried And Therfore Craveing that the saids books might be Delivered to William Dumbar of Hemprig shirref Depute of Caithnes, or to William Campbell shireff Clerk therof, And upon the said petitione did obtaine a Sumar deliverance Ordaineing Dumbaith and his brothers to exhibit and deliver the saids books upon oath to them, And to depone anent the haveing therof In presence of Mr Androw Monro minister at Thurso And ordaineing them to be sumarly charged with horning for that effect on six dayes, And accordingly William Sinclar on of the petitioners being heir at Edinburgh Is Charged with horning for that effect It was humbly Represented to the Saids Lords That it is very extraordinarie, That a Decreet of exhibition should be summarly pronunced against any persone, or that he should be so sumarly charged therupon without hearing Or So much as a previous citation given in to them for that effect upon the assertion of any persone without any Document or Instruction quhatsomever for instructing and verifieing the contents of that petition, And it cannot be pretended that ther was so much as any instructione produced for instructing the contents of the petitione given in be the Earle of Brodalbine Secundo Dumbeath and his bretheren against whom the saids letters of horning are sumarly directed in caice they war legally cited (as they ought to have been) They or most part of them would deny the haveing of any such books Tertio These books being the publict Securitie and concernment of all the heritors within the Shyre, The said heritors in all tyme by past Did meet and unanimously elect one of their oun number to have the trust and keeping of these books; And accordingly these books have been keeped by such as the heritors did appoint only past all memorie, Neither would ever the heritors consent that the shireff depute and his Clerk should have the trust of keeping these books Quarto albeit the forsaid petitione was presented by Broadalbine in name of the heritors of the shyre, yet ther was nothing produced to instruct that any of the heritors did concurr to the said petition or consent therto Bot on the contrair the most part of the heritors Doe reclame their against And Therfore humbly Craveing the saids Lords to Consider the premisses and to Recomend to the heritors of the said shyre to meet and Choise one of their oun number, To have the trust and Custody of these books with power to them to take the oathes and depositiones of the petitioners Dumbeath and his bretheren anent their haveing of the saids books, or any relateing therto in their possessione And in the mean tyme to recall the former Deliverance on the Earle of Brodalbanes petitione at least to stopt and Discharge any farder executione to be used therupon As the said petition bears The Lords of their majesties privy Councill given in to them be John Sinclair of Dumbeath and his brethren They heirby Ordaine William Dumbar of Hemprigs shireff depute of Caithnes, To Conveen the Comissioners of excyss and supplie of the said shyre wherof the shireff depute is one, And to call before them the petitioners and take their oathes anent the haveing of the above books of valuatione and supplie, And ordaines the petitioners to exhibit and deliver in to the saids Commissioners such of these books as they shall acknowledge the haveing off And Remitts to the saids Commisioners to dispose of the saids books as they shall acknowledge the haveing off And Remitts to the saids Commissioners to dispose of the saids books and put them in the hands of any persone whom they of comon consent shall think fitt To be keeped by the said person and made furthcomeing for the publict use, And in the mean tyme Discharges all farder execution against the petitioners upon the act of Councill and letters of horning abovementioned, The Commissioners of Supplie allwayes qualifieing themselves according to law, before they act in this matter, And Declares the pluralitie of the Commissioners that shall meet to be a suficient quorum for this affair.

Edinburgh the Fyftein day of September Jaj vjc nyntie two years

D1692/9/111

Act

Act Dumbeath and his brothers2

Anent a Petition given in to the Lords of their majesties privy Councill be John Sinclar of Dumbaith William James and David Sinclares his brothers for themselves and in name and behalf of the heritors within the shyre of Caithness Shewing That John Earle of Brodalbine haveing upon the fiftie day of Jully last given in a petitione to the saids Lords Representing that the books of the valuatione and Collectors books of the excuse and supplie within the shyre of Caithnes being in the Custody and possession of William Sinclair of Dumbaith, The saids books might now after his decease happen to be miscaried And Therfore Craveing that the saids books might be Delivered to William Dumbar of Hemprig shirref Depute of Caithnes, or to William Campbell shireff Clerk therof, And upon the said petitione did obtaine a Sumar deliverance Ordaineing Dumbaith and his brothers to exhibit and deliver the saids books upon oath to them, And to depone anent the haveing therof In presence of Mr Androw Monro minister at Thurso And ordaineing them to be sumarly charged with horning for that effect on six dayes, And accordingly William Sinclar on of the petitioners being heir at Edinburgh Is Charged with horning for that effect It was humbly Represented to the Saids Lords That it is very extraordinarie, That a Decreet of exhibition should be summarly pronunced against any persone, or that he should be so sumarly charged therupon without hearing Or So much as a previous citation given in to them for that effect upon the assertion of any persone without any Document or Instruction quhatsomever for instructing and verifieing the contents of that petition, And it cannot be pretended that ther was so much as any instructione produced for instructing the contents of the petitione given in be the Earle of Brodalbine Secundo Dumbeath and his bretheren against whom the saids letters of horning are sumarly directed in caice they war legally cited (as they ought to have been) They or most part of them would deny the haveing of any such books Tertio These books being the publict Securitie and concernment of all the heritors within the Shyre, The said heritors in all tyme by past Did meet and unanimously elect one of their oun number to have the trust and keeping of these books; And accordingly these books have been keeped by such as the heritors did appoint only past all memorie, Neither would ever the heritors consent that the shireff depute and his Clerk should have the trust of keeping these books Quarto albeit the forsaid petitione was presented by Broadalbine in name of the heritors of the shyre, yet ther was nothing produced to instruct that any of the heritors did concurr to the said petition or consent therto Bot on the contrair the most part of the heritors Doe reclame their against And Therfore humbly Craveing the saids Lords to Consider the premisses and to Recomend to the heritors of the said shyre to meet and Choise one of their oun number, To have the trust and Custody of these books with power to them to take the oathes and depositiones of the petitioners Dumbeath and his bretheren anent their haveing of the saids books, or any relateing therto in their possessione And in the mean tyme to recall the former Deliverance on the Earle of Brodalbanes petitione at least to stopt and Discharge any farder executione to be used therupon As the said petition bears The Lords of their majesties privy Councill given in to them be John Sinclair of Dumbeath and his brethren They heirby Ordaine William Dumbar of Hemprigs shireff depute of Caithnes, To Conveen the Comissioners of excyss and supplie of the said shyre wherof the shireff depute is one, And to call before them the petitioners and take their oathes anent the haveing of the above books of valuatione and supplie, And ordaines the petitioners to exhibit and deliver in to the saids Commissioners such of these books as they shall acknowledge the haveing off And Remitts to the saids Commisioners to dispose of the saids books as they shall acknowledge the haveing off And Remitts to the saids Commissioners to dispose of the saids books and put them in the hands of any persone whom they of comon consent shall think fitt To be keeped by the said person and made furthcomeing for the publict use, And in the mean tyme Discharges all farder execution against the petitioners upon the act of Councill and letters of horning abovementioned, The Commissioners of Supplie allwayes qualifieing themselves according to law, before they act in this matter, And Declares the pluralitie of the Commissioners that shall meet to be a suficient quorum for this affair.

1. NRS, PC2/24, 121r-122r.

2. The words ‘and sisters’ scored out here.

1. NRS, PC2/24, 121r-122r.

2. The words ‘and sisters’ scored out here.

Procedure: remission, 15 September 1692, Edinburgh

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Edinburgh the Fyftein day of September Jaj vjc nyntie two years

D1692/9/101

Procedure: remission

Remit Calquhoune Against The Wrights in Linlithgow

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their Majesties privy Councill At the instance of Robert Colquhoun apprentice to and haveing Commission from Robert Govan wright burges of Linlithgow and Sir William Lockhart their majesties solicitor for ther intrest in the matter underwritten, Mentioning That albeit be the lawes and constitutiones of all weell governed nationes and by the lawes Statutes and acts of Parliament of this kingdome the Impeding and interupting and Impeding of any person in the peacable possessione and exercising of their proper trades and Imployment wher the same is done by violence and open force in breaking and Carieing away of the instruments Toolles and workbloomes of their Said trade, Are Crymes of ane high nature and severly punishable tending to the ruin and outter destruction of the persones traders their wyfes Cheldrein and wholl familly Yet true It is that the said Robert Govan the pursuars master being necessarly called out of this kingdome about his urgent affairs abroad, He let ane ample factorie and Commissione to the pursuar his apprentise not only to call for and uplift his debts Bot likewayes to cary on his trade and Imployment of wright work and perfect and furnish such work as the pursuar in his masters name should be Imployed in dureing his absence, And to brook and enjoy the haill freedome granted to him within the said burgh As he or any other freeman within the said burgh might doe and particularly to buy timber and to make such wright work therof for Sale as he Should think fitt and to Imploy other persones with himself for working, as the said factorie or Commissione at more leanth bears, Yet True It is that the pursuar haveing Continued to work Conforme to his Commissione, (Which was knowen to the Deacon and others Members of the incorporatione of the wrights in Linlithgow for the space of two moneths after his masters departur uninterrupted untill upon the […] day of Jully or August Last or one or other of the dayes of one or other of the saids moneths, Alexander Sibbald officer to the wrights in Linlithgow by order from Thomas Archibald younger Deacon of the trade did upon one or other o the dayes of one or other forsaids take upon him Contrare to all law or Right to Discharge the pursuar to work any wright work within the said toune Either as a Prentise of factor to his master at quhich the pursuar being surprized did make his applicatione to the magistrates of Linlithgow who being Sinsible of the InJustice and oppression done to his master and him as his apprentise and factor did authorize and appoint him to goe one in working as he hade done formerly And Declaired they should secure him against the unjustice and oppressione of the wrights And he haveing entred to work did continue therat for the space of thrie dayes, Till that the said Alexander Sibbald Did returne by warrand from the said Deacon and with him John Paisley and Alexander Livingstoune wrights in Linlithgow and by force and violence in a most barbarous maner Did Hew down and Break in peices the work board wherat the pursuar was working and Caried away all his Tooles or workloomes and has ever since detained them to the great prejudice of his Master and himself and have so farr prevailled with the magistrats of Linlithgow that albeit they ware sensible of the Injurie done by the wrights yet they will not medle therin, Fearing as they pretend to offend the incorporatione, Wherby it would evidently appear what injury and Oppression the pursuar hade mett with, And that he was necessitate to make his address unto the saids Lords of Privy Councill who will Impartially give redress of his wrongs albeit the Magistrates of Linlithgow seem to be affraid to doe the same And that the said Thomas Archibald younger Alexander Sibald John Paisley and Alexander Liveingston are guilty of ane high and manifast Ryot Injury and oppression And Therfore Ought and should not only be Decerned to make payment to the pursuar of the Soume of […] for the damnadge sustained by him and his master through the breaking of the said work table and Carieing away the toolles and work Loomes and loss of their trade and Imployment, Bot Lykewayes ought and should be Decerned to restore repone and reenter the pursuar to the exercise of the said trade and Imployment of wright work Conforme to his Commissione and factory forsaid, And Discharged to trouble him in the exercise therof in tyme comeing dureing the said Commission and to restore to him the saids Toolles and workloomes so wrongeously caried away from him and farder punished in their person and goods To the terror of others to comitt and doe the Like in tyme comeing And Anent the charge given to the saids defenders To have Compeired personally before the saids Lords this day to answer to the points of the abovewritten Complaint, And to have heard and seen such order and Course taken theranent as the saids Lords should think fitt with Certificatione to them if they faillied The saids Lords would proceid and doe in the said matter, as they should find cause as the saids letters and executiones therof at more leanth bears, Which being Called in principall of the saids Lords this day And the said Robert Colquhoun pursuar Compeiring personally with Mr John Mainzies his advocat, And Thomas Archibald Deacon of the wrights one of the defenders Compeiring also personally, And the rest of the defenders being all called, And non of them Compeiring, The saids Lords haveing Considered the Lybell and answers therto, They Remitt the subject matter therof to be Discussed and Determined be the magistrates of Linlithgow as Competent Judges therto, And Appoints the pursuar to make payment of the witnesses expences if ther be any cited and Compeiring in this proces And Ordaines the saids magistrates to decyde and doe Justice in the said matter according to law with all expedition.

Edinburgh the Fyftein day of September Jaj vjc nyntie two years

D1692/9/101

Procedure: remission

Remit Calquhoune Against The Wrights in Linlithgow

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their Majesties privy Councill At the instance of Robert Colquhoun apprentice to and haveing Commission from Robert Govan wright burges of Linlithgow and Sir William Lockhart their majesties solicitor for ther intrest in the matter underwritten, Mentioning That albeit be the lawes and constitutiones of all weell governed nationes and by the lawes Statutes and acts of Parliament of this kingdome the Impeding and interupting and Impeding of any person in the peacable possessione and exercising of their proper trades and Imployment wher the same is done by violence and open force in breaking and Carieing away of the instruments Toolles and workbloomes of their Said trade, Are Crymes of ane high nature and severly punishable tending to the ruin and outter destruction of the persones traders their wyfes Cheldrein and wholl familly Yet true It is that the said Robert Govan the pursuars master being necessarly called out of this kingdome about his urgent affairs abroad, He let ane ample factorie and Commissione to the pursuar his apprentise not only to call for and uplift his debts Bot likewayes to cary on his trade and Imployment of wright work and perfect and furnish such work as the pursuar in his masters name should be Imployed in dureing his absence, And to brook and enjoy the haill freedome granted to him within the said burgh As he or any other freeman within the said burgh might doe and particularly to buy timber and to make such wright work therof for Sale as he Should think fitt and to Imploy other persones with himself for working, as the said factorie or Commissione at more leanth bears, Yet True It is that the pursuar haveing Continued to work Conforme to his Commissione, (Which was knowen to the Deacon and others Members of the incorporatione of the wrights in Linlithgow for the space of two moneths after his masters departur uninterrupted untill upon the […] day of Jully or August Last or one or other of the dayes of one or other of the saids moneths, Alexander Sibbald officer to the wrights in Linlithgow by order from Thomas Archibald younger Deacon of the trade did upon one or other o the dayes of one or other forsaids take upon him Contrare to all law or Right to Discharge the pursuar to work any wright work within the said toune Either as a Prentise of factor to his master at quhich the pursuar being surprized did make his applicatione to the magistrates of Linlithgow who being Sinsible of the InJustice and oppression done to his master and him as his apprentise and factor did authorize and appoint him to goe one in working as he hade done formerly And Declaired they should secure him against the unjustice and oppressione of the wrights And he haveing entred to work did continue therat for the space of thrie dayes, Till that the said Alexander Sibbald Did returne by warrand from the said Deacon and with him John Paisley and Alexander Livingstoune wrights in Linlithgow and by force and violence in a most barbarous maner Did Hew down and Break in peices the work board wherat the pursuar was working and Caried away all his Tooles or workloomes and has ever since detained them to the great prejudice of his Master and himself and have so farr prevailled with the magistrats of Linlithgow that albeit they ware sensible of the Injurie done by the wrights yet they will not medle therin, Fearing as they pretend to offend the incorporatione, Wherby it would evidently appear what injury and Oppression the pursuar hade mett with, And that he was necessitate to make his address unto the saids Lords of Privy Councill who will Impartially give redress of his wrongs albeit the Magistrates of Linlithgow seem to be affraid to doe the same And that the said Thomas Archibald younger Alexander Sibald John Paisley and Alexander Liveingston are guilty of ane high and manifast Ryot Injury and oppression And Therfore Ought and should not only be Decerned to make payment to the pursuar of the Soume of […] for the damnadge sustained by him and his master through the breaking of the said work table and Carieing away the toolles and work Loomes and loss of their trade and Imployment, Bot Lykewayes ought and should be Decerned to restore repone and reenter the pursuar to the exercise of the said trade and Imployment of wright work Conforme to his Commissione and factory forsaid, And Discharged to trouble him in the exercise therof in tyme comeing dureing the said Commission and to restore to him the saids Toolles and workloomes so wrongeously caried away from him and farder punished in their person and goods To the terror of others to comitt and doe the Like in tyme comeing And Anent the charge given to the saids defenders To have Compeired personally before the saids Lords this day to answer to the points of the abovewritten Complaint, And to have heard and seen such order and Course taken theranent as the saids Lords should think fitt with Certificatione to them if they faillied The saids Lords would proceid and doe in the said matter, as they should find cause as the saids letters and executiones therof at more leanth bears, Which being Called in principall of the saids Lords this day And the said Robert Colquhoun pursuar Compeiring personally with Mr John Mainzies his advocat, And Thomas Archibald Deacon of the wrights one of the defenders Compeiring also personally, And the rest of the defenders being all called, And non of them Compeiring, The saids Lords haveing Considered the Lybell and answers therto, They Remitt the subject matter therof to be Discussed and Determined be the magistrates of Linlithgow as Competent Judges therto, And Appoints the pursuar to make payment of the witnesses expences if ther be any cited and Compeiring in this proces And Ordaines the saids magistrates to decyde and doe Justice in the said matter according to law with all expedition.

1. NRS, PC2/24, 119v-121r.

1. NRS, PC2/24, 119v-121r.

Decreet, 15 September 1692, Edinburgh

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Edinburgh the Fyftein day of September Jaj vjc nyntie two years

D1692/9/91

Decreet

Interloquitor Mr James Kirkwood qra The magistrats of Linlithgow

The Lords of their majesties Privy Councill Haveing this day Considered Mr James Kirkwoods accompts of Damnadge and expences with his oath in litem taken therupon in the proces at his instance before the Councill against the magistrats of Linlithgow They heirby modifie the soume of Four Thousand merks to be payed to the petitioner in satisfactione of the haill damnadge and expences sustained be him in the matter Lybelled and before they determine by which of the defenders the said soume is to be payed They Recommend to the Earle of Linlithgow to call for and take inspectione of the Court books and registers of the toune Councill of Linlithgow in the year Jaj vjc Eightie nyne when the said Mr James Kirkwood was ejected, And Ordaines the toune Clerk of Linlithgow to deliver to the said Earle authentick extracts of such acts and orders as are emitted by the magistrates or toune Councill anent the ejecting of the said Mr James Kirkwood and of the sederunt of the Magistrates and such of the toune Councill As war principall at the makeing of the saids acts, And Recomends to the Earle to make report heirof to the Councill at their first meetting in november nixt

Edinburgh the Fyftein day of September Jaj vjc nyntie two years

D1692/9/91

Decreet

Interloquitor Mr James Kirkwood qra The magistrats of Linlithgow

The Lords of their majesties Privy Councill Haveing this day Considered Mr James Kirkwoods accompts of Damnadge and expences with his oath in litem taken therupon in the proces at his instance before the Councill against the magistrats of Linlithgow They heirby modifie the soume of Four Thousand merks to be payed to the petitioner in satisfactione of the haill damnadge and expences sustained be him in the matter Lybelled and before they determine by which of the defenders the said soume is to be payed They Recommend to the Earle of Linlithgow to call for and take inspectione of the Court books and registers of the toune Councill of Linlithgow in the year Jaj vjc Eightie nyne when the said Mr James Kirkwood was ejected, And Ordaines the toune Clerk of Linlithgow to deliver to the said Earle authentick extracts of such acts and orders as are emitted by the magistrates or toune Councill anent the ejecting of the said Mr James Kirkwood and of the sederunt of the Magistrates and such of the toune Councill As war principall at the makeing of the saids acts, And Recomends to the Earle to make report heirof to the Councill at their first meetting in november nixt

1. NRS, PC2/24, 119r-119v.

1. NRS, PC2/24, 119r-119v.

Sederunt, 15 September 1692, Edinburgh

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Edinburgh the Fyftein day of September Jaj vjc nyntie two years1

D1692/9/82

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Earl of Kintoir; Earl of Broadalbine; Lord Balhaven; Lord Carmicheall; Lord Polwarth; Lord Fountonhall; Lord Enstruther; Mr Francis Montgomrie; Laird of Stivenson; Sir Thomas Livingston; Sir William Lockhart

Edinburgh the Fyftein day of September Jaj vjc nyntie two years1

D1692/9/82

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Earl of Kintoir; Earl of Broadalbine; Lord Balhaven; Lord Carmicheall; Lord Polwarth; Lord Fountonhall; Lord Enstruther; Mr Francis Montgomrie; Laird of Stivenson; Sir Thomas Livingston; Sir William Lockhart

1. NRS, PC2/24, 119r.

2. NRS, PC2/24, 119r.

1. NRS, PC2/24, 119r.

2. NRS, PC2/24, 119r.

Procedure, 15 September 1692, Edinburgh

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Att Edinburgh the Fyfteinth day off September Jaj vjc nyntie tuo years

A1692/9/171

Procedure

Additionall Commissioners anent hearth money in Linlithgowshyre

The Lords of there Majesties privie Councill doe hereby add Sir Thomas Dalziell of Bin’s and […] Cornwall of Bonhard to the persones formerly named for the shyre of Linlithgow In the proclamatione of Councill anent the hearth money of the date the tuelth day of August last with that same power and Comand to the persones hereby added as to the persones by the said proclamatione appointed Conforme to the tenor of the proclamatione And declares any three of the haill persones here and in the forsaid proclamatione appointed for the said shyres to be a sufficient quorum.

At Edinburgh 15 September 1692

A1692/9/171

Procedure

Additional commissioners concerning hearth money in Linlithgowshire

The lords of their majesties’ privy council hereby add Sir Thomas Dalyell of Binns and [Walter] Cornwall of Bonhard to the persons formerly named for the shire of Linlithgow in the proclamation of council concerning the hearth money of 12 August last with that same power and command to the persons hereby added as to the persons by the said proclamation appointed according to the tenor of the proclamation, and they declare any three of all the persons here and in the foresaid proclamation appointed for the said shires to be a sufficient quorum.

1. PC1/48, 407.

1. PC1/48, 407.

Order, 15 September 1692, Edinburgh

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Att Edinburgh the Fyfteinth day off September Jaj vjc nyntie tuo years

A1692/9/161

Order

Order to the magistrats of Edinburgh anent ministers and Beggars.

The Lords of there Majesties privie Councill being Informed that the Magistrats of Edinburgh have not been sufficientlie Carefull in executeing the proclamatione made againest beggars Therefore they hereby ordaine the saids magistrats to take speciall Care That the said proclamation receave punctuall obedience within there bounds for the future And ordaines them to proceed in takeing tryall what ministers in there bounds doe not pray for there majestyes King William and Queen Mary And if any of these ministers doe make ansuer that tho they doe not in there prayers name there majesties yet they pray for them In such termes as there hearers may understand It is there majesties King William and Queen Mary whom they pray for And not the Late King James nor his Queen In that case The Counsell appoints the magistrats to requyre and Comand all such ministers what ever termes or words They make use of in prayeing for there majestyes that they expressly name there Majestyes King William and Queen Mary as they will be ansuerable And In case any of the Ministers who shall be called for by the magistrates shall faill to appear befor them and ansuer to them The saids Lords appoints the saids magistrats to send such persones as they shall think fitt to hear and observe In what termes these ministers doe pray And report ane accompt of there diligence herein to the Councill at there first meeting in October next

At Edinburgh 15 September 1692

A1692/9/161

Order

Order to the magistrates of Edinburgh concerning ministers and beggars.

The lords of their majesties’ privy council being informed that the magistrates of Edinburgh have not been sufficiently careful in executing the proclamation made against beggars, therefore they hereby ordain the said magistrates to take special care that the said proclamation receives punctual obedience within their bounds for the future, and ordains them to proceed in taking trial of what ministers in their bounds do not pray for their majesties King William and Queen Mary and if any of those ministers answer that though they do not in their prayers name their majesties, yet they pray for them in such terms as their hearers may understand it is their majesties King William and Queen Mary whom they pray for and not the late King James nor his queen, in that case the council appoints the magistrates to require and command all such ministers whatever terms or words they make use of in praying for their majesties that they expressly name their majesties King William and Queen Mary as they will be answerable. And in case any of the ministers who shall be called for by the magistrates shall fail to appear before them and answer to them the said lords, they appoint the said magistrates to send such persons as they shall think fit to hear and observe in what terms these ministers pray and report an accounpt of their diligence herein to the council at their first meeting in October next.

1. PC1/48, 407.

1. PC1/48, 407.

Warrant, 15 September 1692, Edinburgh

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Att Edinburgh the Fyfteinth day off September Jaj vjc nyntie tuo years

A1692/9/151

Warrant

Warrand Countess of Seaforth to remain in Edinburgh castle with the Earl her husband

The Lords of there Majesties privie Councill doe hereby Give order and warrand to the deputie Governour of the Castle of Edinburgh or other Comanding officer therefor the tyme In respect of the Earle of Leven Governour of the said Castle his absence To suffer and permitt the Countess off Sieforth to have access to and remained and Cohabite with the Earle her husband within the said Castle dureing his continowing prisoner therein And to allow the said Earle and his Ladie ane apairtment within the said castle sufficient for accomodateing themselves and the servants necessarie to attend them.

Att Edinburgh the Fyfteinth day off September Jaj vjc nyntie tuo years

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Warrant

Warrant for the countess of Seaforth to remain in Edinburgh castle with the earl her husband

The lords of their majesties’ privy council hereby give order and warrant to the deputy governor of the Castle of Edinburgh or other commanding officer there for the time, in respect of the earl of Leven governor of the said castle his absence, to suffer and permit [Frances Herbert] countess of Seaforth to have access to and remain and cohabit with the earl her husband within the said castle during his continuing prisoner therein, and to allow the said earl and his lady an apartment within the said castle sufficient for accommodating themselves and the servants necessarie to attend them.

1. PC1/48, 406-7.

1. PC1/48, 406-7.

Act, 15 September 1692, Edinburgh

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Att Edinburgh the Fyfteinth day off September Jaj vjc nyntie tuo years

A1692/9/141

Act

Act Colledge of Aberdein for stipend

Anent the petitione given in to the Lords of there majesties privie Councill be the principall and remanent members of the Colledge Marischall of Aberdeen Shewing That where the petitioners have not only begun but brought to a great Length ane new and necessarie work and additionall building to the said Colledge To its honour and Interest alswell as to the good and universall Concerne of the natione for the accommodatione of students forraigners and others in the said Colledge To the great Applause of all Concerned or any maner of way Interested And particularlie to the satisfactione of the Earle of Marschall patrone of the said Colledge As ane Certificat produced with the said petitione hes testifyed And In respect the said work is not yet Compleated And the petitioners are not able of themselves to accomplish the same without some mark of there Lordships bountie And that the paroch kirk and pariochine of Foveran is vacant for the present year of God Jaj vjc nyntie tuo And the stipend thereof at the saids Lords there disposeall And that the said Earle of Marischall undoubted patrone of the said kirk hes given his right thereto in the petitioners favours for Compleatting the said necessary and pious work for the accommodatione of the petitioners there students and Comon weell of the natione Especially sieing what hes been formerly done of the said building is upon the petitioners Industrie and the privat Contribution of such who hade there educatione in the said Colledge and on no former charge of the publict And therefore Craveing to the effect underwreitten As the said petitione bears The Saids Lords of there majesties privie Councill Haveing considered this petitione given in to them be the principall and remanent members of the Colledge Marischall of Aberdeen with the Certificat mentioned therein and produced therewith They hereby allow to the petitioners the stipend of the above kirk of Foverane for the haill cropt and year of God Jaj vjc nyntie tuo years And that for the Compleating of there work in the said Colledge to be factor for uplifting the said years stipend And ordaines him to be readiely ansuered obeyed and payed thereof be the heretors fewers wodsetters and others Lyable in payment of the samen And ordaines Letters of horning under the signet of Councill at his Instance againest them for that effect He alwayes produceing a decreet of Locality And in case there be none ordaines these Lyable To make payment of there respective proportiones of the said years stipend according as they shall be decerned be the Judge ordinarie In respect The said factor hes found sufficient Caution acted in the books of privie Councill That he shall Imploy the forsaid years stipend for the end and use above mentioned.

At Edinburgh 15 September 1692

A1692/9/141

Act

Act for the College of Aberdeen for stipend

Concerning the petition given in to the lords of their majesties’ privy council by the principal and the other members of the Marischal College of Aberdeen showing that where the petitioners have not only begun but brought to a great length a new and necessary work and additional building to the said college to its honour and interest as well as to the good and universal concern of the nation for the accommodation of students, foreigners and others in the said college to the great applause of all concerned or any manner of way interested, and particularly to the satisfaction of the Earl Marischal, patron of the said college, as a certificate produced with the said petition has testified, and in respect the said work is not yet completed and the petitioners are not able of themselves to accomplish the same without some mark of their lordships’ bounty, and that the parish kirk and parish of Foveran is vacant for the present year of God 1692 and the stipend thereof is at the said lords’ disposal, and that the said Earl Marischal, undoubted patron of the said kirk has given his right thereto in the petitioners’ favour for completing the said necessary and pious work for the accommodation of the petitioners, their students and comnon weal of the nation, especially seeing what has been formerly done of the said building is upon the petitioners’ industry and the private contribution of such who had their education in the said college and on no former charge of the public, and therefore craving to the effect underwritten as the said petition bears. The said lords of their majesties’ privy council, having considered this petition given in to them by the principal and the other members of the Marischal College of Aberdeen with the certificate mentioned therein and produced therewith, they hereby allow to the petitioners the stipend of the above kirk of Foveran for the whole crop and year of God 1692, and that for the completing of their work in the said college to be factor for uplifting the said year’s stipend, and ordains him to be readily answered, obeyed and paid thereof by the heritors, feuars, wadsetters and others liable in payment of the same, and they ordain letters of horning under the signet of council at his instance against them for that effect, he always producing a decreet of locality, and in case there is none, they ordain those liable to make payment of their respective proportions of the said year’s stipend as they shall be discerned by the judge ordinary in respect that the said factor has found sufficient caution acted in the books of privy council that he shall employ the foresaid year’s stipend for the end and use above mentioned.

1. PC1/48, 405-6.

1. PC1/48, 405-6.

Procedure: committee, 15 September 1692, Edinburgh

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Att Edinburgh the Fyfteinth day off September Jaj vjc nyntie tuo years

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Procedure: committee

Comittee anent Sir2 Robert Hamilton and others prisoners

The Councill Recomends to the Viscount of Tarbatt Sir Thomas Livingstoun and Sir William Lockhart To examine Sir Robert Hamiltone and others prisoners brought to the tolbooth of Edinburgh for alleadged proclameing a disloyall declaration or paper at the croce of Sanquhair in August last And to report to the Councill

At Edinburgh 15 September 1692

A1692/9/131

Procedure: committee

Committee regarding Sir Robert Hamilton and other prisoners

The council recommends to [George MacKenzie] Viscount Tarbat, Sir Thomas Livingston and Sir William Lockhart to examine Sir Robert Hamilton and other prisoners brought to the tolbooth of Edinburgh for allegedly proclaiming a disloyal declaration or paper at the cross of Sanquhar in August last and to report to the Council.

1. PC1/48, 405.

2. Inserted above the line.

1. PC1/48, 405.

2. Inserted above the line.