Tag Archives: 20 December 1692

Procedure: committee formed, 20 December 1692, Edinburgh

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Edinburgh the Twentie day of December Jaj vjc nyntie two years

D1692/12/171

Procedure: committee formed

Comittie Dalgardno and Jamisone

The Muttuall Petitiones Mr Androw Dalgardno and Mr Alexander Jamison read And Jamisone Compeiring personally with Mr George Alexander his Advocat And Sir James Ogilvie Compeiring 2As advocat for Mr Dalgardno And the Councill haveing Considered the muttuall Calls founded upon be both parties They Recomend to the Lords Cardross and Carmicheall to hear the parties and report to the Council

Edinburgh the Twentie day of December Jaj vjc nyntie two years

D1692/12/171

Procedure: committee formed

Comittie Dalgardno and Jamisone

The Muttuall Petitiones Mr Androw Dalgardno and Mr Alexander Jamison read And Jamisone Compeiring personally with Mr George Alexander his Advocat And Sir James Ogilvie Compeiring 2As advocat for Mr Dalgardno And the Councill haveing Considered the muttuall Calls founded upon be both parties They Recomend to the Lords Cardross and Carmicheall to hear the parties and report to the Council

1. NRS, PC2/24, 144r.

2. The word ‘for’ scored out here.

1. NRS, PC2/24, 144r.

2. The word ‘for’ scored out here.

Warrant, 20 December 1692, Edinburgh

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Edinburgh the Twentie day of December Jaj vjc nyntie two years

D1692/12/161

Warrant

Warrand for Stivenson to Conveen the heritors and Commissioners in Hadingtonshyre

The Lords of their Majesties privy Councill Doe heirby Authorize and Impower Sir Robert Sinclair of Stivensone shireff principall of the shirefdome of Haddingtoune, To Conveen and call togither not only the Commissioners of Supply Bot also the haill heritors within the said shyre of Haddingtoune and with them to deliberat what means and methods will be most proper for the effectuall inbringing of the cess of the said shyre And for payment of the Collectors fies and other incidents relateing to the publict service ther.

Edinburgh the Twentie day of December Jaj vjc nyntie two years

D1692/12/161

Warrant

Warrand for Stivenson to Conveen the heritors and Commissioners in Hadingtonshyre

The Lords of their Majesties privy Councill Doe heirby Authorize and Impower Sir Robert Sinclair of Stivensone shireff principall of the shirefdome of Haddingtoune, To Conveen and call togither not only the Commissioners of Supply Bot also the haill heritors within the said shyre of Haddingtoune and with them to deliberat what means and methods will be most proper for the effectuall inbringing of the cess of the said shyre And for payment of the Collectors fies and other incidents relateing to the publict service ther.

1. NRS, PC2/24, 144r.

1. NRS, PC2/24, 144r.

Sederunt, 20 December 1692, Edinburgh

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D1692/12/152

Sederunt

Lord Chancelor; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Cardross; Lord Carmicheall; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Laird of Blackbarrony; Laird of Stivenson; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

Edinburgh the Twentie day of December Jaj vjc nyntie two years1

D1692/12/152

Sederunt

Lord Chancelor; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Cardross; Lord Carmicheall; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Laird of Blackbarrony; Laird of Stivenson; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 143v.

2. NRS, PC2/24, 143v.

1. NRS, PC2/24, 143v.

2. NRS, PC2/24, 143v.

Act, 20 December 1692, Edinburgh

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Att Edinburgh the Tuentieth Day of December Jaj vjc nyntie tuo years

A1692/12/401

Act

Protectione Cunninghame of Robertland

Anent the petitione Given in to the Lords of there majesties privie Councill be David Cunninghame of Robertland Shewing That the petitioner haveing receaved a Citatione upon Saturday the third Instant at ten acloack at night To appear befor the saids Lords upon thursday the Eight Instant at the instance of James Hay wreitter in Irving The petitioner did notwithstanding of the stormie weather come in with all diligence In obedience of that citatione Haveing travelled about fiftie myles in that tyme And haveing appeared befor there Lordships befor he wes able aither to consult his Lawyers or to get ansuers drawen to the Complaint And haveing given in a petitione to the saids Lords for a protectione They were then pleased to grant the same for eight dayes only dureing which space The Compleaner and the petitioner were under trysting And Sieing the same took no effect And that the Compleaner Intends to cause Call the forsaid actione this day And that the petitioner Cannot appear unles the saids Lords renew the forsaid protectione for a moneths tyme or such other space as there Lordships shall think fitt and therefore Craveing that the saids Lords would be pleased to renew the protectione formerly granted to the petitioner for such a competent tyme as there Lordships should think fitt That the petitioner may be able to appear befor the saids Lords and give in his ansuers to the said groundles Complaint As the said petitione bears The Saids Lords of there Majesties privie Councill Haveing considered this petitione Given in to them be the above David Cuninghame of Robertland They hereby Renew the personall protectione to the petitioner untill the tuenty seventh day of December instant Inclusive And discharges all messengers officers within burgh and other ministers of the Law from putting any Letters of Caption acts of warding or other personall diligences to executione againest the petitioner dureing the said Space Excepting alwayes his majesties rents and dues allennarly sic subscribitur Tweeddale Cancel: Linlithgow Raith Adam Cockburne Archibald Murray Robert Sinclair John Maxwell William Lockhart Patrick Murray

At Edinburgh 20 December 1692

A1692/12/401

Act

Protection for Cunningham of Robertland

Concerning the petition given in to the lords of their majesties’ privy council by David Cunningham of Robertland showing that the petitioner, having received a citation on Saturday the third instant at 10 o’clock at night to appear before the said lords on Thursday the eighth instant at the instance of James Hay, writer in Irvine, the petitioner did notwithstanding of the stormy weather come in with all diligence in obedience to that citation, having travelled about 50 miles in that time and having appeared before their lordships before he was able either to consult his lawyers or to get answers drawn to the complaint, and having given in a petition to the said lords for a protection, they were then pleased to grant the same for eight days only, during which space the complainer and the petitioner were under trysting, and seeing the same took no effect and that the complainer intends to call the foresaid action today and that the petitioner cannot appear unless the said lords renew the foresaid protection for a month’s time or such other space as their lordships shall think fit, and therefore craving that the said lords would be pleased to renew the protection formerly granted to the petitioner for such a competent time as their lordships should think fit, that the petitioner may be able to appear before the said lords and give in his answers to the said groundless complaint, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above David Cunningham of Robertland, they hereby renew the personal protection to the petitioner until 27 December instant inclusive, and discharge all messengers, officers within burghs and other ministers of the law from putting any letters of caption, acts of warding or other personal diligences to execution against the petitioner during the said space, excepting always his majesties’ rents and dues only. Subscribed: Tweeddale, chancellor; Linlithgow; Raith; Adam Cockburn; Archibald Murray; Robert Sinclair; John Maxwell; William Lockhart; Patrick Murray.

1. PC1/48, 522.

1. PC1/48, 522.

Order, 20 December 1692, Edinburgh

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A1692/12/391

Order

Remitt to the Magistrats of Edinburgh anent William Davidson

The Lords of there Majesties privie Councill Doe hereby remitt and authorize the magistrates of Edinburgh To Bainish furth and from the toun of Edinburgh William Davidson wreitter present prisoner in ther tolbooth for wreitting and spreading of Lyes and false news In case they shall find him guilty of the said cryme and recalls the former order of Councill of the […] day of December instant for delyvering of the said William to one of the officers Come from Flanders To have been Carryed there as a souldier In respect the said William is but a silly Creeple boy Haveing hade his Legg and thigh bones brock

At Edinburgh 20 December 1692

A1692/12/391

Order

Remit to the magistrates of Edinburgh concerning William Davidson

The lords of their majesties’ privy council hereby remit and authorise the magistrates of Edinburgh to banish furth and from the town of Edinburgh William Davidson, writer, presently prisoner in their tolbooth for writing and spreading of lies and false news if they shall find him guilty of the said crime, and they recall the former order of council of the […] day of December instant for delivering of the said William to one of the officers come from Flanders to have been carried there as a soldier in respect that the said William is but a feeble, crippled boy having had his leg and thigh bones broken.

1. PC1/48, 521-2.

1. PC1/48, 521-2.

Order, 20 December 1692, Edinburgh

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A1692/12/381

Order

Recomendation to the theasurie anent a ship againest the Bass

The Lords of there majesties privie Councill Doe hereby recomend to the Lords Commissioners of there Majesties Theasurie to cause prepare a doggar or other convenient vessell And cause furnish the same sufficiently with men gunes and other necessarie armes and provisions for secureing of all ships barks or boatts passing up and doun the Firth from the Rebells in the Bass or otherwayes to secure the trade of the place againest the saids rebells In such maner as they find most convenient

At Edinburgh 20 December 1692

A1692/12/381

Order

Recommendation to the treasury concerning a ship against the Bass Rock

The lords of their majesties’ privy council hereby recommend to the lords commissioners of their majesties’ treasury to cause prepare a dogger or other convenient vessel and cause furnish the same sufficiently with men, guns and other necessary arms and provisions for securing of all ships, barks or boats passing up and down the Firth [of Forth] from the rebels on the Bass Rock or otherwise to secure the trade of the place against the said rebels in such manner as they find most convenient.

1. PC1/48, 521.

1. PC1/48, 521.

Procedure: committee, 20 December 1692, Edinburgh

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A1692/12/371

Procedure: committee

Lord Raith added to the Comittee anent Judges not qualifyed

The Councill Recomends to the Comittee formerly appoynted anent Judges not qualifyed by Law who or there deputs exerce there office to meett the morrow at ten of the Cloack in the forenoon And adds the Lord Raith Theasurer deput to the above Comittee

At Edinburgh 20 December 1692

A1692/12/371

Procedure: committee

Lord Raith added to the committee concerning judges not qualified

The council recommends to the committee formerly appointed concerning judges not qualified by law who or their deputes exercise their office to meet tomorrow at 10 o’clock in the forenoon and they add the Lord Raith, treasurer depute, to the above committee.

1. PC1/48, 521.

1. PC1/48, 521.

Commission, 20 December 1692, Edinburgh

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A1692/12/361

Commission

Comission Sir James Stewart to be there Majesties Advocat

Gullielmus et Maria Dei Gratia Magnae Brittanniae Franciae et Hyberniae Rex et Regina Fideique Defensores Omnibus probis hominibus ad quos presentes literae nostrae pervenerint Salutem Noveritis nos pro nobismet ipsis et tanquam principes Et Senescalli Scotiae Regio nostro animo recolentes fidelem et Dilectum nostrum Dominum Jacobum Stewart Egregiis animi dotibus peritia et Integritate Insigni procul omni dubio predictum2 esse et Instructum atque ad munus et Provinciam Advocati nostri in antiquo nostro Scotiae Regno obeundum usque quaque Idoneum Nominasse Igitur Constituisse et ordinasse Sicuti per has nostras literas Nos pro nobismet ipsis Et tanquam principes et Senescalli Scotiae Nominamus Constituimus et ordinamus Eundem Dominum Jacobum Stewart (Durante nostro bene placito Solum modo) Solum et unicum advocatum nostrum pro nobis met ipsis Et tanquam principibus et senescallis Scotiae In omnibus actionibus et Causis Civilibus et Criminalibus aliisque Cujuscunque naturae ad nos Ad nos in dicto Regno spectantibus sive per leges et praxim ejusdem officio advocati nostri pro nobis met ipsis sive tanquam principibus et senescallis antedictis competentibus Damus pariter et Concedimus dicto Domino Jacobo Stewart durante spatio ante dicto Idem munus et officium Cum universis dignitatibus honoribus privilegiis libertatibus feodis pensionibus et Emolumentis Quibuscunque eo spectantibus una Cum loco voto et suffragio tanquam uni ex status nostri officialibus in omnibus parliamentis Generalibus conciliis et conventibus dicti Regni ac etiam in secreto nostro Concilio et scaccario aliisque Comissionibus ubicunque Advocatus noster nominatur Cum potestate etiam dicto Domino Jacobo Stewart per se suosque substitutos per ipsum Constituendos (pro quibus respondere tenebitur) eodem munere et officio solius nostri advocati pro nobismet ipsis et tanquam principibus et senescallis Scotiae utendi Idemque exercendi Cum universis honoribus Dignitatibus feodis libertatibus et privilegiis eo spectantibus Et per quemlibet alium seu alios advocatos pro nobis aut serenissimis nostris antecessoribus Scotiae Regibus tempore quolibet retro acto petitis3 gavisis seu possessis In Cujus Rei Testimonium presentibus Magnum Sigillum Nostrum appendi mandavimus Apud aulam nostram de Kensingtoun vicesimo octavo die mensis Novembris Anno Domini Millesimo Sexcentesimo nonagesimo secundo Et Anno Regni Nostri quarto Per signaturam manu S D N Regis Supra scriptam Written to the great seall and registrat the tenth day of December Jaj vjc nyntie tuo years Sic subscribitur William Ker. Sealled at Edinburgh the tenth day of December Jaj vjc & nyntie tuo years Sic subscribitur Allexander Inglis

At Edinburgh 20 December 1692

A1692/12/361

Commission

Commission to Sir James Stewart to be their majesties’ advocate

William and Mary by the grace of God king and queen of Great Britain, France and Ireland, and defenders of the faith, to all good men to whom our present letters will have come, greetings. Know that we for us ourselves, and as princes and stewards of Scotland, recollecting in our royal mind our faithful and dear Sir James Stewart to be endowed and trained with extraordinary qualities of character, skill and remarkable integrity as far from all doubt and entirely suitable for performing the duty and office of our advocate in our ancient kingdom of Scotland. Therefore we have nominated, constituted and ordained, just as by these our letters for us ourselves and as the princes and stewards of Scotland, we nominate, constitute and ordain the same Sir James Stewart (during our pleasure only) our sole and single advocate for us ourselves and as princes and stewards of Scotland, in all actions and causes civil and criminal and others of whatever nature pertaining to us in the said kingdom or competent through its laws and practice to the office of our advocate for us ourselves or as princes and stewards foresaid. We likewise give and grant to the said Sir James Stewart, during the aforesaid interval, the same duty and office with all dignities, honours, privileges, liberties, fees, pensions and emoluments whatsoever pertaining to it, along with the position, vote and suffrage as for one from the officials of our state in all parliaments, general councils and conventions of the said kingdom and also in our privy council and exchequer and other commissions whenever our advocate is nominated. With power also to the said Sir James Stewart, by him and his substitutes appointed by himself (for whom he will be held to answer), of using the same for the duty and office of our sole advocate for us ourselves and as princes and stewards of Scotland, and of exercising the same with all honours, dignities, fees, liberties and privileges pertaining to it and gained, enjoyed or possessed by whoever other or other advocates for us or our most serene ancestors kings of Scotland at any time past. In testimony whereof, we have ordered our great seal to be appended to the presents. At our court of Kensington on 28 November 1692, and in the fourth year of our reign. By the sign manual of our supreme lord the king above written. Written to the great seal and registered 10 December 1692. Subscribed: William Kerr. Sealed at Edinburgh 10 December 1692. Subscribed Alexander Inglis.

1. PC1/48, 520-21.

2. *Sic.,* *recte* preditum, as in *RPS*.

3. *Sic*., *recte* potitis.

1. PC1/48, 520-21.

Procedure, 20 December 1692, Edinburgh

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A1692/12/351

Procedure

Sir James Stewart receaved Kings advocat and a privie Councillour

There Majesties Commissione under the great seall In favours of Sir James Stewart to be there Majesties advocat wes read and ordered to be recorded in the Councill books And the Lord Advocat being called in Did swear and signe the oath of alleadgeance and signed the assureance And The Lord High Chancellour haveing delyvered the said Comission to the Lord Advocat He receaved the same upon his knee And thereafter haveing administrat to him the oath de fideli The Lord Advocat wes receaved a privie Councillour Be vertue of his office and Conforme to his Commissione, whereof the tenor followes

At Edinburgh 20 December 1692

A1692/12/351

Procedure

Sir James Stewart received as king’s advocate and a privy councillor

Their majesties’ commission under the great seal in favour of Sir James Stewart to be their majesties’ advocate was read and ordered to be recorded in the council books, and the lord advocate being called in swore and signed the oath of allegiance and signed the assurance and the lord high chancellor, having delivered the said commission to the lord advocate, he received the same upon his knee, and thereafter having administered to him the oath de fideli, the lord advocate was received as a privy councillor by virtue of his office and according to his commission, whereof the tenor follows:

1. PC1/48, 520.

1. PC1/48, 520.

Sederunt, 20 December 1692, Edinburgh

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A1692/12/342

Sederunt

Lord Chancellour; Earl of Linlithgow; Earl of Louthian; Earl of Forfar; Earl of Breadalbaine; Viscount Tairbatt;Viscount Stair; Lord Raith; Lord Cardross; Lord Carmichaell; Lord Justice Clerk; Lord Hattoune; Lord Fountainhall; Laird of Blackbarrony; Laird of Steiveinstoun; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

At Edinburgh 20 December 16921

A1692/12/342

Sederunt

[John Hay, earl of Tweeddale], lord chancellor; [George Livingstone], earl of Linlithgow; [Robert Kerr], earl of Lothian; [Archibald Douglas], earl of Forfar; [John Campbell], earl of Breadalbane; [George MacKenzie], Viscount Tarbat; [James Dalrymple], Viscount Stair; [Alexander Melville], Lord Raith; [Henry Erskine], Lord Cardross; [John], Lord Carmichael; [Sir Adam Cockburn of Ormiston], lord justice clerk; [John Lauder] Lord Hatton; [John Lauder], Lord Fountainhall; [Sir Archibald Murray], laird of Blackbarony; [Sir Robert Sinclair], laird of Stevenson; [Sir Robert Pollock], laird of Pollock; Sir William Lockhart; Sir Patrick Murray.

1. PC1/48, 520.

2. PC1/48, 520.

1. PC1/48, 520.

2. PC1/48, 520.