Tag Archives: 2 August 1692

Warrant, 2 August 1692, Edinburgh

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Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem

D1692/8/51

Warrant

Warrand for bringing in Ninian Mercer prisoner

The Lords of their Majesties privy Councill being informed that Ninian Mercer fewar in Coldstream is of ill affection to their Majesties government and keepeth and Disperseth publictly false newes by Newes letters or otherwayes They heirby Recommend to the Lord Polwarth shireff principall of the shirefdome of Berwick, To cause siez and apprehend the persone of the said Ninian Mercer and transmitt him under a suficient guard to the Tolbooth of Edinburgh, And appoints the magistrats of Edinburgh and keeper of their Tolbooth to receive the said Ninian prisoner into the same Tolbooth, And Detaine him prisoner therin til furder order of Councill.

Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem

D1692/8/51

Warrant

Warrand for bringing in Ninian Mercer prisoner

The Lords of their Majesties privy Councill being informed that Ninian Mercer fewar in Coldstream is of ill affection to their Majesties government and keepeth and Disperseth publictly false newes by Newes letters or otherwayes They heirby Recommend to the Lord Polwarth shireff principall of the shirefdome of Berwick, To cause siez and apprehend the persone of the said Ninian Mercer and transmitt him under a suficient guard to the Tolbooth of Edinburgh, And appoints the magistrats of Edinburgh and keeper of their Tolbooth to receive the said Ninian prisoner into the same Tolbooth, And Detaine him prisoner therin til furder order of Councill.

1. NRS, PC2/24, 86v.

1. NRS, PC2/24, 86v.

Decreet, 2 August 1692, Edinburgh

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Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem

D1692/8/41

Decreet

Decreet and Act Gordone Against Leith and Gordone

Anent our Soveraigne Lord and Ladies letters raised before the Lords of their Majesties privy Councill at the instance of Hary Gordon of Avachie and Sir William Lockhart their majesties solicitor for their intrest in the matter underwritten Mentioning That quher by the Lawes of this and all weell governed realmes all violent oppression and molestation of men in their persones rights and possessiones are straitly forbidden especially wher the same are acted and reacted with invetrat malice and proceid to that height as to invade peaceable men in their dwalling houses under cloud of night every mans dwalling house being his sanctuary by breaking up of doors invading them with all Sorts of offensive weapons such as guns pistolls, swords and the like and doeing violence to their persones by the threating beating bruising wounding and Carieing some of them away as Captives as Lykwayes when the same is done against Countreymen at their necessary labour, by threating beating stopting of their Labour and dryving their Catle amongst their corne to be eatten and Distroyed And when all this is done designedly to intertect the masters and propriators possession and so overturne his Right, And for that effect to Compell them to take tacks from other persones then their true and lawfull master and to subscribe the samen, And that with ante dates which is falsehood alse weell as violence the latter to disguise and Cover So great a villany and wickednes which in its example threatens all mens lives and Fortunes, As Lykewayes in anywayes to hound out assisst Countenance or Ratihabitione the forsaid acts violence, oppressione, molestatione and intrassione, either by makeing use of the saids tacks, or offering to Detaine the said possessione from Which the true professor is Thrust in maner forsaid or in any other maner of way are also crymes strictly forbidden and Discharged nevertheless It is of verity that Peetter Leith in Torries Shaking of all fear of god and man after that he had been Imprisoned in the Tolbooth of Elgine be vertue of Councill Caption for severall Ryots and controventiones of Laborrowes about the same subject now in Contraversie brock thorow the same prison and made his escape therfrae in the moneths of Aprill or may last, And in one or other of the saids dayes or nights of the saids moneths of Aprill May and June instant came to Kirktoune of Oven pertaineing to and possess be the pursuar, And their under cloud of night invaded the tennants in their houses breaking up their doors and shooting a hagbut loaden with thrie leads throw the doors particularly George Gordon ther He invades their houses, and the men being frighted away threatenes beatts and wounds to the effusion of blood their wyfes and servants particularly the wyfe of Alexander Harper and to put the poor people in the greater Fright cryed out that they ware all dead men and Women, And intimating plainely that he would destroy them unles that they would take their lands and houses of William Erskine of Pittodry who is in effect his Cousine and Confident he himself being ane outlaw and fugitive and boasting and vaunting therof And Therfore Carieing on his violent designes by the said William Erskine in order querhunto he did farder at the forsaid tyme carie away two men vis Henry Wright and William Runchiman whom he found after that they hade fled out of their houses and caried them away under night as captives by force to the topp of a wild mounton called Benduplugh, wher he keept them all night till the nixt morning in great terror of their lives he being weell armed and they poor naked men, And farder he came therafter in one or other of the saids dayes in open day hight to the said toune and feilds, And Finding the said Alexander Harper and William Runchiman at their labour he threatned to beatt and wound them and still telling them that they must take their lands and subscryve tacks to the said William Erskine, Lykeas he drove their catle among ther corne and keept them their on purpose to destroy and waist the same, And so outragious was his furry against the poor people to obtaine his forsaid end, That for about a moneth tyme he vexed and Chased them away from their houses and labours and never ceased untill he got them to subscryve tacks to the said William Erskine as said is, The Like quherof he also practised by the same methods of2 violence upon the tennents of old Hearthill, Lykewayes pertaineing to and possessed by the pursuar, And that he might better Cover his said violence and more subtiltie invert the pursuars possession He or the said William Erskine of Pittodry falsely antedated the forsaid tacks all which he did not only against the pursuars right and possession for to subvert the same as said is, Bot against express Decreets of Parliament Ordaineing the parties to possess hinc inde without molestation, And farder to demonstrat the said William Erskine his accessione to the forsaid violence and oppression when that the pursuar hade demanded of the forsaid Hary Wright that he should restore to him the possession that he hade been forced to doe by Peetter Leithes violence hade given him back the key of the house and the doors ware lockt by the pursuar, The said William Erskins wyfe The Ladie Pittodrie sent two men who came and break up the doors and againe took possession Lykeas the said William Erskine hath given to the saids tenent driven and forced to take of him as said is, The saids new tacks so that they have double tacks both of the pursuar and Pittodrie, and he doeth oun and adhere to that possession which the said Peetter Leith hath procured to him by the forsaid violence as said is, And Farder the said Pittodrie about the same tyme being at Kirktoune of Ovan and meetting with the pursuar said to him that if troublesome tymes came, And he found him in Kirktoune of Oven he would stow the luggs out of his head, By all which it is manifast That the said Patrick Leith is guilty of oppressione and violence and of a most wicked Designe and practice of of3 interverting the pursuars possession which he hade 4 Injoyed for more nor these twelve years, And that the said William Erskine of Pittodrie is accessory therto at least Airt and pairt of the same, For Which crymes they ought not only to be condemned in the pursuars Damnadges and expences Which he cannot tax lower then ane Hundred pounds Sterling, Bot also punished in their persones and goods to the example and terror of others, Lykeas the shirreff of the shyre should be ordered by the saids Lords of privy Councill to see the said pursuar fully Reposed And to mantaine him in his possession against the forsaid persones and all others except be order of Law, And Anent the Charge given to the said Peetter Leith and William Erskine defenders To Have Compeired before the saids Lords at one certaine day bygone To have answered to the grounds of the abovewritten Complaint, And to have heard and seen such order and Course taken theranent as the saids Lords should think fitt As the said letters and executiones therof at more leanth is Contained Which Lybell being called in presence of the saids Lords And the pursuar Compeiring personally with James Stewart senior his advocat And the said Patrick Leith one of the defenders being oft tymes called and not Compeiring And the said William Erskine of Pittodrie the other defender Compeiring also personally with Sir James Ogilvie, Sir David Thores and Mr Hew Dalrymple advocats his procurators The saids Lords of their Majesties privy Councill Haveing Considered this Lybell with the answers made therto for Pittodrie Togither with the petition given in to them this day be the Earle of Aboyne and John Stewart his factor for his intrest Representing that the said Earle has right to the above Lands of Kirktoune of Oven, And that Earle being out of the Countrie his papers to defend himself are not recovered, Therfore Craveing his rights and possessione to be Reserved as accords, And the matter to be referred to the Lords of Session The Saids Lords Doe heirby Grant Certificatione against the said Petter Leith And Ordaines letters of Denunciatione to be direct to messengers at armes Comanding them to pass to the marcat croce of […] And their in their Majesties name and authoritie duely Lawfully and orderly Denunce the said Peetter Leith their Majesties rebell and put him to their highnes horne, and escheat and inbring all their Moveables goods and geir to their Majesties use for their contemption and disobedience, And Imediatly after the said denuncatione to use the haill remanent order Prescrybed by act of Parliament made theranent And the saids Lords have assoylzied and heirby assoylzies the said William Erskine of Pittodrie from the points and articles of the forsaid Lybell raised against him in so farr as may be extended to any ryot And Remits the point of right betwixt the parties Competting for the soume to be determined by the Judge ordinary, And Decernes and Ordaines the said Hary Gordon of Avachie pursuar to make payment of the expences of the witnesses cited And come to Edinburgh in this proces at the rates following Viz to each horssman sixtein shilling scots per diem And to each footmen Eight Shilling Scots per diem Come […] from the […] day of […] to the […] day of […] And Ordaines letters of horning to be direct heiron for payment of the witnesses expences upon […] Warning.

Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem

D1692/8/41

Decreet

Decreet and Act Gordone Against Leith and Gordone

Anent our Soveraigne Lord and Ladies letters raised before the Lords of their Majesties privy Councill at the instance of Hary Gordon of Avachie and Sir William Lockhart their majesties solicitor for their intrest in the matter underwritten Mentioning That quher by the Lawes of this and all weell governed realmes all violent oppression and molestation of men in their persones rights and possessiones are straitly forbidden especially wher the same are acted and reacted with invetrat malice and proceid to that height as to invade peaceable men in their dwalling houses under cloud of night every mans dwalling house being his sanctuary by breaking up of doors invading them with all Sorts of offensive weapons such as guns pistolls, swords and the like and doeing violence to their persones by the threating beating bruising wounding and Carieing some of them away as Captives as Lykwayes when the same is done against Countreymen at their necessary labour, by threating beating stopting of their Labour and dryving their Catle amongst their corne to be eatten and Distroyed And when all this is done designedly to intertect the masters and propriators possession and so overturne his Right, And for that effect to Compell them to take tacks from other persones then their true and lawfull master and to subscribe the samen, And that with ante dates which is falsehood alse weell as violence the latter to disguise and Cover So great a villany and wickednes which in its example threatens all mens lives and Fortunes, As Lykewayes in anywayes to hound out assisst Countenance or Ratihabitione the forsaid acts violence, oppressione, molestatione and intrassione, either by makeing use of the saids tacks, or offering to Detaine the said possessione from Which the true professor is Thrust in maner forsaid or in any other maner of way are also crymes strictly forbidden and Discharged nevertheless It is of verity that Peetter Leith in Torries Shaking of all fear of god and man after that he had been Imprisoned in the Tolbooth of Elgine be vertue of Councill Caption for severall Ryots and controventiones of Laborrowes about the same subject now in Contraversie brock thorow the same prison and made his escape therfrae in the moneths of Aprill or may last, And in one or other of the saids dayes or nights of the saids moneths of Aprill May and June instant came to Kirktoune of Oven pertaineing to and possess be the pursuar, And their under cloud of night invaded the tennants in their houses breaking up their doors and shooting a hagbut loaden with thrie leads throw the doors particularly George Gordon ther He invades their houses, and the men being frighted away threatenes beatts and wounds to the effusion of blood their wyfes and servants particularly the wyfe of Alexander Harper and to put the poor people in the greater Fright cryed out that they ware all dead men and Women, And intimating plainely that he would destroy them unles that they would take their lands and houses of William Erskine of Pittodry who is in effect his Cousine and Confident he himself being ane outlaw and fugitive and boasting and vaunting therof And Therfore Carieing on his violent designes by the said William Erskine in order querhunto he did farder at the forsaid tyme carie away two men vis Henry Wright and William Runchiman whom he found after that they hade fled out of their houses and caried them away under night as captives by force to the topp of a wild mounton called Benduplugh, wher he keept them all night till the nixt morning in great terror of their lives he being weell armed and they poor naked men, And farder he came therafter in one or other of the saids dayes in open day hight to the said toune and feilds, And Finding the said Alexander Harper and William Runchiman at their labour he threatned to beatt and wound them and still telling them that they must take their lands and subscryve tacks to the said William Erskine, Lykeas he drove their catle among ther corne and keept them their on purpose to destroy and waist the same, And so outragious was his furry against the poor people to obtaine his forsaid end, That for about a moneth tyme he vexed and Chased them away from their houses and labours and never ceased untill he got them to subscryve tacks to the said William Erskine as said is, The Like quherof he also practised by the same methods of2 violence upon the tennents of old Hearthill, Lykewayes pertaineing to and possessed by the pursuar, And that he might better Cover his said violence and more subtiltie invert the pursuars possession He or the said William Erskine of Pittodry falsely antedated the forsaid tacks all which he did not only against the pursuars right and possession for to subvert the same as said is, Bot against express Decreets of Parliament Ordaineing the parties to possess hinc inde without molestation, And farder to demonstrat the said William Erskine his accessione to the forsaid violence and oppression when that the pursuar hade demanded of the forsaid Hary Wright that he should restore to him the possession that he hade been forced to doe by Peetter Leithes violence hade given him back the key of the house and the doors ware lockt by the pursuar, The said William Erskins wyfe The Ladie Pittodrie sent two men who came and break up the doors and againe took possession Lykeas the said William Erskine hath given to the saids tenent driven and forced to take of him as said is, The saids new tacks so that they have double tacks both of the pursuar and Pittodrie, and he doeth oun and adhere to that possession which the said Peetter Leith hath procured to him by the forsaid violence as said is, And Farder the said Pittodrie about the same tyme being at Kirktoune of Ovan and meetting with the pursuar said to him that if troublesome tymes came, And he found him in Kirktoune of Oven he would stow the luggs out of his head, By all which it is manifast That the said Patrick Leith is guilty of oppressione and violence and of a most wicked Designe and practice of of3 interverting the pursuars possession which he hade 4 Injoyed for more nor these twelve years, And that the said William Erskine of Pittodrie is accessory therto at least Airt and pairt of the same, For Which crymes they ought not only to be condemned in the pursuars Damnadges and expences Which he cannot tax lower then ane Hundred pounds Sterling, Bot also punished in their persones and goods to the example and terror of others, Lykeas the shirreff of the shyre should be ordered by the saids Lords of privy Councill to see the said pursuar fully Reposed And to mantaine him in his possession against the forsaid persones and all others except be order of Law, And Anent the Charge given to the said Peetter Leith and William Erskine defenders To Have Compeired before the saids Lords at one certaine day bygone To have answered to the grounds of the abovewritten Complaint, And to have heard and seen such order and Course taken theranent as the saids Lords should think fitt As the said letters and executiones therof at more leanth is Contained Which Lybell being called in presence of the saids Lords And the pursuar Compeiring personally with James Stewart senior his advocat And the said Patrick Leith one of the defenders being oft tymes called and not Compeiring And the said William Erskine of Pittodrie the other defender Compeiring also personally with Sir James Ogilvie, Sir David Thores and Mr Hew Dalrymple advocats his procurators The saids Lords of their Majesties privy Councill Haveing Considered this Lybell with the answers made therto for Pittodrie Togither with the petition given in to them this day be the Earle of Aboyne and John Stewart his factor for his intrest Representing that the said Earle has right to the above Lands of Kirktoune of Oven, And that Earle being out of the Countrie his papers to defend himself are not recovered, Therfore Craveing his rights and possessione to be Reserved as accords, And the matter to be referred to the Lords of Session The Saids Lords Doe heirby Grant Certificatione against the said Petter Leith And Ordaines letters of Denunciatione to be direct to messengers at armes Comanding them to pass to the marcat croce of […] And their in their Majesties name and authoritie duely Lawfully and orderly Denunce the said Peetter Leith their Majesties rebell and put him to their highnes horne, and escheat and inbring all their Moveables goods and geir to their Majesties use for their contemption and disobedience, And Imediatly after the said denuncatione to use the haill remanent order Prescrybed by act of Parliament made theranent And the saids Lords have assoylzied and heirby assoylzies the said William Erskine of Pittodrie from the points and articles of the forsaid Lybell raised against him in so farr as may be extended to any ryot And Remits the point of right betwixt the parties Competting for the soume to be determined by the Judge ordinary, And Decernes and Ordaines the said Hary Gordon of Avachie pursuar to make payment of the expences of the witnesses cited And come to Edinburgh in this proces at the rates following Viz to each horssman sixtein shilling scots per diem And to each footmen Eight Shilling Scots per diem Come […] from the […] day of […] to the […] day of […] And Ordaines letters of horning to be direct heiron for payment of the witnesses expences upon […] Warning.

1. NRS, PC2/24, 84r-86v.

2. The words ‘methods of’ inserted above the line.

3. Sic.

4. The word ‘peacably’ scored out here.

1. NRS, PC2/24, 84r-86v.

2. The words ‘methods of’ inserted above the line.

3. Sic.

4. The word ‘peacably’ scored out here.

Act, 2 August 1692, Edinburgh

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Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem

D1692/8/31

Act

Act Mcwhirters witnesses

Anent a Petition given in to the Lords of their majesties Privy Councill be Gilbert Mcillwreck in Craigneill Anthony Paterson in Bellcrochan and John Eccles in Allyfoot Shewing that the poor petitioners ware cited to Compeir before the saids Lords as witnesses in the Lybell raised at the instance of John Mcwhirter in Drumfearn John and James Mcquhirters his sones and Fergus Paterson in Knockdaw against Robert Eccles of Killdonan and others as the Copies given in to them therwith produced would testifie, And seing the petitioners have in obedience to the saids copies come heir and deponed in the said matter and hade been at great charges and expenses upon themselves and horsses haveing attended these twentie dayes And Therfore Humbly Craveing the saids Lords would ordaine the said John Mcquahrter and the other persones abovenamed to make payment to them and each of them of what expences the Lords Should modifie they haveing attended these twentie dayes since the Citationes as said is, The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above witnesses They heirby Recommend to the Comittie of Councill who examined these witnesses to modifie expences to them to be payed be the persones at whose instance they are cited instantly at the rate of sixtein shilling scots per diem for each horssman and Eight shiling scots per diem for each footman Commensing as the Comittie shall find Just and appoints the Clerks of Councill to give out extract of the Committies sentance to the witnesses bearing horning on […] wairning And accordingly The said Committie haveing meett They Modifie Eight punds scots of expences to be payed to the above Gilbert Mcilkwreik quherof Eight merks be Robert Eccles of Killdonan pursuar in the first Lybell and Four merks be the above Mcquhirters and Paterson And Modifies the soume of Twentie four punds Scots to Anthony Patersone and John Eccles to be equally Divyded betwixt them wherof twentie four merks be the saids Mcquhirters and Patersone and twelve merks be the said Eccles of Killdonan And Ordaines letters of horning on […] warning to be direct heiron.

Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem

D1692/8/31

Act

Act Mcwhirters witnesses

Anent a Petition given in to the Lords of their majesties Privy Councill be Gilbert Mcillwreck in Craigneill Anthony Paterson in Bellcrochan and John Eccles in Allyfoot Shewing that the poor petitioners ware cited to Compeir before the saids Lords as witnesses in the Lybell raised at the instance of John Mcwhirter in Drumfearn John and James Mcquhirters his sones and Fergus Paterson in Knockdaw against Robert Eccles of Killdonan and others as the Copies given in to them therwith produced would testifie, And seing the petitioners have in obedience to the saids copies come heir and deponed in the said matter and hade been at great charges and expenses upon themselves and horsses haveing attended these twentie dayes And Therfore Humbly Craveing the saids Lords would ordaine the said John Mcquahrter and the other persones abovenamed to make payment to them and each of them of what expences the Lords Should modifie they haveing attended these twentie dayes since the Citationes as said is, The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above witnesses They heirby Recommend to the Comittie of Councill who examined these witnesses to modifie expences to them to be payed be the persones at whose instance they are cited instantly at the rate of sixtein shilling scots per diem for each horssman and Eight shiling scots per diem for each footman Commensing as the Comittie shall find Just and appoints the Clerks of Councill to give out extract of the Committies sentance to the witnesses bearing horning on […] wairning And accordingly The said Committie haveing meett They Modifie Eight punds scots of expences to be payed to the above Gilbert Mcilkwreik quherof Eight merks be Robert Eccles of Killdonan pursuar in the first Lybell and Four merks be the above Mcquhirters and Paterson And Modifies the soume of Twentie four punds Scots to Anthony Patersone and John Eccles to be equally Divyded betwixt them wherof twentie four merks be the saids Mcquhirters and Patersone and twelve merks be the said Eccles of Killdonan And Ordaines letters of horning on […] warning to be direct heiron.

1. NRS, PC2/24, 83v-84r.

1. NRS, PC2/24, 83v-84r.

Order, 2 August 1692, Edinburgh

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Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem

D1692/8/21

Order

Order for delivering to the Solicitor some orders of Councill anent Captain Wallace

The Lords of their majesties privy Councill Doe heirby give order and warrand to the magistrats of Edinburgh and their Clerks or Servants in whose hands are Lying ane act or ordinance of Privy Councill, Ordaineing Captaine John Wallace who keeped guard in the Abbay of Hollyruidhouse in December Jaj vjc Eightie Eight when a tumult was at that place to deliver up himself to the saids magistrats of Edinburgh and Lykewayes another act and ordinance of Privy Councill appointing the saids magistrates to beseidge the place wher the said Captaine Wallace was, Togither with the executione of the citation or charge given be the herauld to the said Captaine Instantly to give up and deliver the saids acts, and the heraulds executiones to Sir William Lockhart their majesties Solicitor to be made use of by him as adminicles in the proces at the Solicitors instance against the said Captaine before the Lords Commissioners of Justiciary.

Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem

D1692/8/21

Order

Order for delivering to the Solicitor some orders of Councill anent Captain Wallace

The Lords of their majesties privy Councill Doe heirby give order and warrand to the magistrats of Edinburgh and their Clerks or Servants in whose hands are Lying ane act or ordinance of Privy Councill, Ordaineing Captaine John Wallace who keeped guard in the Abbay of Hollyruidhouse in December Jaj vjc Eightie Eight when a tumult was at that place to deliver up himself to the saids magistrats of Edinburgh and Lykewayes another act and ordinance of Privy Councill appointing the saids magistrates to beseidge the place wher the said Captaine Wallace was, Togither with the executione of the citation or charge given be the herauld to the said Captaine Instantly to give up and deliver the saids acts, and the heraulds executiones to Sir William Lockhart their majesties Solicitor to be made use of by him as adminicles in the proces at the Solicitors instance against the said Captaine before the Lords Commissioners of Justiciary.

1. NRS, PC2/24, 83r-83v.

1. NRS, PC2/24, 83r-83v.

Sederunt, 2 August 1692, Edinburgh

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Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem1

D1692/8/12

Sederunt

Lord Chancelor; Duke of Queensberry; Marquis of Douglas; Earl of Drumlanrig; Earl of Kintoir; Earl of Brodalbine; Viscount Stair; Lord Beilhaven; Lord Polwarth; Master of Forbes; Mr Johnston secret; Lord Fountonhall; Lord Enstruther; Sir William Lockhart; Sir Patrick Murray

Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem1

D1692/8/12

Sederunt

Lord Chancelor; Duke of Queensberry; Marquis of Douglas; Earl of Drumlanrig; Earl of Kintoir; Earl of Brodalbine; Viscount Stair; Lord Beilhaven; Lord Polwarth; Master of Forbes; Mr Johnston secret; Lord Fountonhall; Lord Enstruther; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 83r.

2. NRS, PC2/24, 83r.

1. NRS, PC2/24, 83r.

2. NRS, PC2/24, 83r.

Act, 2 August 1692, Edinburgh

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Att Edinburgh the second day of August Jaj vjc nynty tuo years Ante meridiem

A1692/8/71

Act

Act Continowing the Bailzies of Old Aberdeen2

Anent the petitione Given in to the Lords of there majesties privie Councill be the theasurer Councillours merchands deacon conveener, deacons and traidsmen and others, subscryvers of the samen for themselves and in name and behalf of the haill Comunity of the burgh of old Aberdeen Shewing That Where the saids Lords by there act of the dait the nynth day of Jullij Jaj vjc and nyntie one years Did appoint and authorize Mr Alexander Fraser Regent in the Kings Colledge of Aberdeen James Thomsone and James Knight merchands To be Bailzies of the said Burgh of Old Aberdeen for the space of ane year then ensueing And sieing they have acted and discharged there trust in the said office faithfully and Carefully noticed the good of the said burgh and are well affected to the government And therefore Humbly craveing That the saids Lords would be pleased to nominate and appoint and authorize the saids Mr Alexander Fraser James Thomsone and James Knight bailzies of the burgh of Old Aberdeen for the space of ane year And Impower them to Continow in the exercise of there offices as such dureing the said tyme As the said petitione bears The Saids Lords of there Majestyes privie Councill haveing considdered this petitione Given in to them be the above Theasurer Councillours merchands deacon Conveener, deacons of traidsmen and others within the burgh of Old Aberdeen subscryveing the said petition They hereby Nominate and appoint the above Mr Alexander Fraser, James Knight, and James Thomson to be the magistrats and Bailzies of the said burgh of Old Aberdeen for the space of ane year Comenceing from the date hereof.

At Edinburgh 2 August 1692 (am)

A1692/8/71

Act

Act continuing the bailies of Old Aberdeen

Concerning the petition given in to the lords of their majesties’ privy council by the treasurer, councillors, merchants, deacon convenor, deacons of tradesmen, and others, subscribers of the same for themselves and in name and behalf of the whole community of the burgh of Old Aberdeen, showing that where the said lords by their act of the date 9 July 1691 did appoint and authorise Mr Alexander Fraser, regent in the King’s College of Aberdeen, James Thomson, and James Knight, merchants, to be bailies of the said burgh of Old Aberdeen for the space of a year then ensuing, and seeing they have acted and discharged their trust in the said office faithfully and carefully, noticed the good of the said burgh, and are well affected to the government, and therefore humbly craving that the said lords would be pleased to nominate and appoint and authorise the said Mr Alexander Fraser, James Thomson, and James Knight [as] bailies of the burgh of Old Aberdeen for the space of a year, and empower them to continue in the exercise of their offices as such during the said time as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above treasurer, councillors, merchants, deacon convenor, deacons of tradesmen, and others within the burgh of Old Aberdeen subscribing the said petition, they hereby nominate and appoint the above Mr Alexander Fraser, James Knight, and James Thomson to be the magistrates and bailies of the said burgh of Old Aberdeen for the space of a year commencing from the date hereof.

1. PC1/48, 349-50.

2. An ‘x’ appears in the margin next to this title. It appears to be an early twentieth century editorial mark.

1. PC1/48, 349-50.

Order, 2 August 1692, Edinburgh

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A1692/8/61

Order

Order for putting souldiers on the Isle of Maij

The Lords of there Majestyes privie Council for security of vessells passing up and doun the Firth againest rebells in the Bass and such as they may send out And for secureing the Lights in the Maij Doe hereby recomend to Sir Thomas Livingstoun Comander in cheiff of there majestyes forces to keep garisone in the house within the said Island And recomends to the Lords Comissioners of there majesties theasurie to cause Lay up sufficient provisiones in that Island for mantaining the saids souldiers for the space of ane quarter of ane year to be substracted off the said souldiers there subsistance money And appoints […] Cunninghame of Barnes propriator of the said Island To cause remove the sheep which are therein Furth of the same and not to put any sheep or other bestiall in2 that Island untill further order of Councill.

At Edinburgh 2 August 1692 (am)

A1692/8/61

Order

Order for putting soldiers on the Isle of May

The lords of their majesties’ privy council for security of vessels passing up and down the Firth [of Forth] against rebels in the Bass, and such as they may send out, And for securing the lights in the May, doe hereby recommend to Sir Thomas Livingston, commander-in-chief of their majesties’ forces, to keep garrison in the house within the said island. And recommend to the lord commissioners of their majesties’ treasury to cause lay up sufficient provisions in that island for maintaining the said soldiers for the space of a quarter of a year, to be subtracted off the said soldiers their subsistence money. And appoint […] Cunningham of Barns, proprietor of the said island, to cause remove the sheep which are therein forth of the same and not to put any sheep or other bestial in that island until further order of council.

1. PC1/48, 349.

2. The prefix ‘there’ scored out here.

1. PC1/48, 349.

Act, 2 August 1692, Edinburgh

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A1692/8/51

Act

Liberation Ensigne Dunbar

Anent the petitione Given in to the Lords of there majestyes privie Councill be Ensigne David Dunbar prisoner in the tolbooth of Edinburgh Shewing That the petitioner in August Last Came from the Bass to the Shoar In order to Capitulate for the surrendering thereof By which he hoped to obtaine his oune and the rest of the Gentlemens Libertie And the Bass being supplyed dureing the tyme that he wes treating The petitioner wes thereupon made prisoner and detained ever since to his great prejudice Notwithstanding that he expected no such releiff and wes dealling sincerely in the Capitulatione By order of the other Gentlemen there whereby the petitioner is in a much more favourable conditione then these who were taken in the castle of Fedderett whom there Lordships have alreadie set at Liberty And therefore Craveing That the saids Lords would take the premises to there serious consideratione And order the petitioner to be set at Liberty upon his finding baill to Live peaceablie within the Kingdome and to recomend the payment of his house dues to the Lords of theasurie The petitioner being the saids Lords there alimented prisoner otherwayes to grant the petitioner Liberty to goe abroad some houres of the day for his health As the said petitione bears The Saids Lords of there majestyes privie Councill haveing considered this petitione Given in to them be the said Ensigne David Dunbar They hereby give order and warrand to the magistrats of Edinburgh and Keeper of there tolbooth To sett the petitioner at Liberty furth of the same He first finding sufficient cautione acted in the books of privie Councill that he shall Live peaceably and with all submissione to the government under the majestyes King William and Queen Mary And that he shall not act consult nor contryve any thing in prejudice thereof nor Converse nor Correspond with any rebells And that he shall appear befor the Lords of there Majestyes privie Councill when called for under the penaltie of Fyve hundreth merks or otherwayes the petitioner befor his Liberatione swearing and signeing the oath of alleadgeance and signeing the assureance appoynted by act of parliament to there majestyes King William and Queen Mary In which appoints him to be Liberate simply without Cautione And recomends to the Lords Comissioners of there majestyes Theasurie to cause make payment to George Drummond keeper of the said tolbooth of the petitioners house dues.

At Edinburgh 2 August 1692 (am)

A1692/8/51

Act

Liberation Ensign Dunbar

Concerning the petition given in to the lords of their majesties’ privy council by Ensign David Dunbar, prisoner in the tolbooth of Edinburgh, showing that the petitioner in August last came from the Bass to the shore in order to capitulate for the surrendering thereof, by which he hoped to obtain his own and the rest of the gentlemen’s liberty. And the Bass being supplied during the time that he was treating, the petitioner was thereupon made prisoner and detained ever since, to his great prejudice, notwithstanding that he expected no such relief and was dealing sincerely in the capitulation by order of the other gentlemen there, whereby the petitioner is in a much more favourable condition than those who were taken in the castle of Fedderate, whom their lordships have already set at liberty. And therefore craving that the said lords would take the premises to their serious consideration and order the petitioner to be set at liberty upon his finding bail to live peaceably within the kingdom, and to recommend the payment of his house dues to the lords of treasury, the petitioner being the said lords their alimented prisoner, otherwise to grant the petitioner liberty to go abroad some hours of the day for his health as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the said Ensign David Dunbar, they hereby give order and warrant to the magistrates of Edinburgh and keeper of their tolbooth to sett the petitioner at liberty forth of the same, he first finding sufficient caution acted in the books of privy council that he shall live peaceably and with all submission to the government under their majesties King William and Queen Mary, and that he shall not act, consult, nor contrive anything in prejudice thereof, nor converse nor correspond with any rebels, and that he shall appear before the lords of their majesties’ privy council when called for, under the penalty of five hundred merks. Or otherwise the petitioner before his liberation swearing and signing the oath of allegiance and signing the assurance appointed by act of parliament to their majesties King William and Queen Mary, in which [case] appoint him to be liberated simply without caution. And recommend to the lord commissioners of their majesties’ treasury to cause make payment to George Drummond, keeper of the said tolbooth, of the petitioners house dues.

1. PC1/48, 348-9.

1. PC1/48, 348-9.

Act, 2 August 1692, Edinburgh

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A1692/8/41

Act

Act ordaining news Letters to be revised

The Lords of there majestyes privie Councill being Informed that at the post office and the Coffie houses and several Inn’s and drinking cellars within this City and suburbs thereof There are news Letters everyday exposed to publict view, In some of which there are false and Lyeing tydeings tending to the disturbance of the publict peace and disquyeting the mynds of there majestyes Good subjects Doe therefor perremptorly prohibite and discharge the maisters of the post office and there servants The maisters keepers and servants of Coffiehouses, maisters of Inn’s and Cellars and there servants and all others whatsomever to make use of, or expose to view any news Letters in tyme coming untill first these Letters be brought to the Clerks of Councill and be revised by one of them and any one of the Lords of Councill And the Letters be marked on the back be the saids Clerks as the persones forsaid will be ansuerable upon there highest perrill And recomends to there majestyes sollicitor to cause the macers of Councill make Intimatione hereof at the post offices Coffiehouses Inn’s and cellars forsaids

At Edinburgh 2 August 1692 (am)

A1692/8/41

Act

Act ordaining news-letters to be revised

The lords of their majesties’ privy council being informed that at the post office and the coffee houses and several inns and drinking cellars within this city and suburbs thereof there are news-letters every day exposed to public view, in some of which there are false and lying tidings tending to the disturbance of the public peace and disquieting the minds of their majesties’ good subjects, do therefore peremptorily prohibit and discharge the masters of the post office and their servants, the masters, keepers, and servants of coffee houses, masters of inns and cellars and their servants, and all others whatsoever, to make use of, or expose to view any news-letters in time coming until first these letters be brought to the clerks of council and be revised by one of them and any one of the lords of council, and the letters be marked on the back by the said clerks, as the persons foresaid will be answerable upon their highest peril. And recommends to their majesties’ solicitor to cause the macers of council [to] make intimation hereof at the post offices, coffee houses, inns and cellars foresaid.

1. PC1/48, 348.

1. PC1/48, 348.

Order, 2 August 1692, Edinburgh

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A1692/8/31

Order

Letters of Denunciation There Majesties Sollicitor against Harvie

Anent the Lybell or Complaint raised befor the Lords of there Majestyes privie Councill at the Instance of Sir William Lockhart there Majestyes sollicitor for there Highnes interest in the matter underwreitten Mentioneing That where be the Comon Law the Law of all well governed nationes and municipall Lawes and originall constitutiones of this monarchie The Quarrelling dissouneing and Impugneing there majestyes Royall power and authority and the plotting contrvyeing or Intending destructione to there majestyes or to depryve depose or suspend there saids majestyes from the style honour and Kingly name of this or any other of his Majestyes dominiones, or to suspend there majestyes from the exercise of there government, Levie warr or take armes againest there majestyes And by wreitting printing or other malicious and unadvysed seaking express and declare there treasonable intentiones are crymes of treasone and punishable as such And particularly by the Hundreth and threttie and Hundreth and threttie one act, parliament Eight King James the sixt And by the third act parliament First King Charles the second And by the second act second sessione parliament first King Charles the second And by the second act first sessione of there Majestyes current parliament Recognizeing there Majestyes authoritie Royall Yet nevertheless it is of verity that Andrew Harvie Late proveist of Rutherglen Shakeing off all fear of God and the respect and naturall alleadgeance that he owed to there majestyes persone authoritie and Lawes Did upon the sevinteinth of February Last or ane or other of the dayes of the said Moneth vent and utter most unchristian and treasonable expressiones viz King Willie is now goeing to bring in the Curatts again That will be all wrong work That will not be the Right gate to the Milne If he doe the Lyke of that They will ryse all in armes againest him and there wil be a bonnet off And if he will not Let the acts be established as they were in the Fourty eight year of God wee shall make him goe as fast home as ever he came over here And if he doe any thing contrair to these acts He said The Devill take him If they would not doe with him as they did with King Charles the First And one of the Company haveing said That King William hade now raised the generall assemblie And that he would not suffer them to sitt again The said Andrew Harvie replyed That they were butt all beasts For he hade no power to raise them and he hade only power to call them But no power to raise them And that they might have sitten whether the King would or not And that he hade no power over the church And Further did express what need have wee of Comissar courts And that wee have no need of them and said For Goodsooth wee must have him (meaning the King) teached better maners For that wes the old faith again whereby the said Andrew Harvie is Guilty of most treasonable and rebellious expressiones againest there majestyes and there government And the matter of fact being dilated to the Magistrats of Rutherglen They Imprisoned the said Andrew Hervie And therefter upon Andrew Leith elder burges of Rutherglen and Claud Riddell hammerman there They by there bond daitted the tuentie first day of Maij Jaj vjc nyntie tuo registrat in the books of privie Councill the […] day of Junij therefter Becomeing bound Conjunctlie and severallie To present the said Andrew Harvie befor the Lords of there majestyes privie Councill or Justiciarie whenever he should be cited to ansuer befor them in the saids expressiones spoken and uttered by him under the penaltie of Tuo Thousand merks The saids magistrats sett him at Libertie And therefore sieing the said Andrew Harvie is fledd from Justice And his bond Cannot be declared untill he be cited as aforsaid befor there saids Lords of privie Councill nor his saids Cautioners made Lyable for the penalty contained in the bond untill he be Cited as aforsaid warrand ought to be granted to Cite the said Andrew Harvie To Compear befor the saids Lords of privie Councill To the effect he may be Comitted to prisone untill he be tryed be the Lords of Justiciarie for the Crymes abovespecifyed And to Charge his Cautioners to Compear and produce him Conforme to the tenor of there obligatione under the penalty therein Contained And Anent the Charge Given to the saids Andrew Harvie2 To Compear befor the saids Lords of privie Councill at Edinburgh or where it shall happen them to be for the tyme at ane certain day by past To ansuer to the points of the above complaint and to hear and see himself decerned to goe to prisone untill he be tryed be the Lords of Justiciarie for the crymes above specified As also anent the charge given to the said Andrew Harvie his Cautioners above specified To Compear befor the saids Lords day and place forsaid To hear and see themselves decerned to produce the said Andrew conforme to the tenor of there obligatione under the penaltie thereincontained under the pain of rebellione and putting of the saids defenders to the horne With certificatione to them If they failzie There Majestyes other Letters shall be direct simpliciter for putting them thereto As the said Lybell and executions thereoff bears Which Being Called In presence of the saids Lords of privie Councill this day Againest the said Andrew Harvie etc And there Majestyes Sollicitor Compearing personallie for there Highness Interest in this matter And the said Andrew Harvie And the above Andrew3 Leith and Claud Riddell his Cautioners being oftymes called and not compearing The saids Lords of there majesties privie Councill doe hereby grant certification againest the said Andrew Harvie And ordaines Letters of denunceatione to be direct to messengers at armes Comanding them to pass to the mercat croce of […] and there in there majestyes name and authoritie Duely Lawfully and orderly denunce the said Andrew Harvie there majesties rebell and put him to there Highness horne And escheitt and Inbring all his moveable goods and gear to there majesties use for his Contemption and dissobedience And Imediatly after the said denunceatione to use the haill remanent order prescryved by the act of parliament made thereanent And the saids Lords doe hereby declare the penaltie of Tuo Thousand merks Contained in the above bond Lybelled on, Granted be the abovenamed Cautioners to be forfaulted and Incurred And decernes and ordaines the saids Andrew Leith and Claud Riddell granters of the said bond To make payment of the said soume of Tuo Thousand merks to Sir Patrick Murray of Saltcoatts collector of there majestyes Croun rents for there majestyes use And ordaines Letters of Horning on […] dayes and others neadfull To pass hereon as effeirs

At Edinburgh 2 August 1692 (am)

A1692/8/31

Order

Letters of denunciation their majesties’ solicitor against Harvie

Concerning the libel or complaint raised before the lords of their majesties’ privy council at the instance of Sir William Lockhart, their majesties’ solicitor, for their highnesses’ interest in the matter underwritten, mentioning that where by the common law, the law of all well-governed nations, and municipal laws and original constitutions of this monarchy, the quarrelling, disowning, and impugning [of] their majesties’ royal power and authority, and the plotting contriving or intending [of] destruction to their majesties, or to deprive, depose, or suspend their said majesties from the style, honour, and kingly name of this or any other of [their] majesties’ dominions, or to suspend their majesties from the exercise of their government, levy war, or take arms against their majesties, and by writing, printing, or other malicious and ill-advised action express and declare their treasonable intentions are crimes of treason and punishable as such, and particularly by the hundred and thirtieth and hundred and thirty-first acts, parliament eighth [of] King James VI, and by the third act, parliament first [of] King Charles II, and by the second act, second session, parliament first [of] King Charles II, and by the second act, first session of their majesties’ current parliament recognising their majesties’ authority royal. Yet nevertheless it is of verity that Andrew Harvie, late provost of Rutherglen, shaking off all fear of God and the respect and natural allegiance that he owed to their majesties’ person, authority, and lawes did upon 17 February last or one or other of the days of the said month vent and utter most unchristian and treasonable expressions viz King Willie is now going to bring in the curates again, that will be all wrong work, that will not be the right gate to the mill. If he do the like of that, they will rise all in arms against him and there will be a bonnet off, and if he will not let the acts be established as they were in the forty-eighth year of God we shall make him go as fast home as ever he came over here. And if he doe any thing contrary to these acts, he said the devil take him if they would not do with him as they did with King Charles I. And one of the company having said that King William had now raised the general assembly and that he would not suffer them to sit again, the said Andrew Harvie replied that they were but all beasts, for he had no power to raise them and he hade only power to call them, but no power to raise them, and that they might have sat whether the king would or not, and that he hade no power over the Church. And further did express what need have we of commissary courts, and that we have no need of them, and said for goodsooth we must have him (meaning the king) taught better manners for that was the old faith again, whereby the said Andrew Harvie is guilty of most treasonable and rebellious expressions against their majesties and their government. And the matter of fact being dilated to the magistrates of Rutherglen, they imprisoned the said Andrew Harvie. And thereafter upon Andrew Leith elder, burgess of Rutherglen, and Claud Riddell, hammerman there, they by their bond dated 21 May 1692, registered in the books of privy council the […] day of June thereafter, becoming bound conjunctly and severally to present the said Andrew Harvie before the lords of their majesties’ privy council or justiciary whenever he should be cited to answer before them in the said expressions spoken and uttered by him, under the penalty of two thousand merks, the said magistrates set him at liberty. And therefore seeing the said Andrew Harvie is fled from justice, and his bond cannot be declared until he is cited as aforesaid before the said lords of privy council, nor his said cautioners made liable for the penalty contained in the bond, until he be cited as aforesaid, warrant ought to be granted to cite the said Andrew Harvie to compear before the said lords of privy council to the effect he may be committed to prison until he be tried by the lords of justiciary for the crimes above specified, and to charge his cautioners to compear and produce him conform to the tenor of there obligations under the penalty therein contained. And concerning the charge given to the said Andrew Harvie to compear before the said lords of privy council at Edinburgh or where it shall happen them to be for the time at a certain day bypast to answer to the points of the above complaint and to hear and see himself discerned to go to prison until he be tried by the lords of justiciary for the crimes above specified, as also concerning the charge given to the said Andrew Harvie his cautioners above specified to compear beforr the said lords [the] day and place foresaid to hear and see themselves discerned to produce the said Andrew conform to the tenor of their obligation under the penalty therein contained, under the pain of rebellion and putting of the said defenders to the horn, with certification to them if they fail their majesties’ other letters shall be directed simpliciter for putting them thereto as the said libel and executions thereof bears. Which being called in presence of the said lords of privy council this day against the said Andrew Harvie etc, and their majesties’ solicitor compearing personally for their highnesses’ interest in this matter, and the said Andrew Harvie and the above Andrew Leith and Claud Riddell, his cautioners, being often called and not compearing, the said lords of their majesties’ privy council do hereby grant certification against the said Andrew Harvie, and ordain letters of denunciation to be directed to messengers at arms, commanding them to pass to the mercat cross of […], and there in their majesties’ name and authority duly, lawfully, and orderly denounce the said Andrew Harvie their majesties’ rebel and put him to their highnesses’ horn, and escheat and inbring all his moveable goods and gear to their majesties’ use, for his contempt and disobedience. And immediately after the said denunciation, to use the whole remnant order prescribed by the act of parliament made therein concerned. And the said lords do hereby declare the penalty of two thousand merks contained in the above bond libelled on, granted by the abovenamed cautioners, to be forfeited and incurred. And discern and ordain the said Andrew Leith and Claud Riddell, granters of the said bond, to make payment of the said sum of two thousand merks to Sir Patrick Murray of Saltcoats, collector of their majesties’ crown rents, for their majesties’ use. And ordain letters of horning on […] days and others needful to pass hereon as appropriate.

1. PC1/48, 345-7.

2. The phrase ‘and Andrew Leith and Claud Riddell hes Cautioners in the foresaid bond’ are scored out here.

3. The word ‘Riddell’ scored out here.

1. PC1/48, 345-7.