Tag Archives: 21 April 1692

Procedure: committee, 21 April 1692, Edinburgh

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Procedure: committee

Comittee anent Halyburtoun and Fraser

Sederunt: Lord Fountainhall and the Laird of Blackbarronie
The Comittee appointed for prepairing ane representatione of the case of Alexander Halyburtoun and William Fraser prisoners sentenced for surpryzeing the Bass and holding it out againest there Majesties haveing considered the severall petitiones given in by them with the representationes Containing the state of there cases They Find it alleadged by Mr Halyburtoun for obviating his cryme That at the beginning of this happie revolutione, He served in my Lord Dumbartouns regiment And upon the Late King James’s retireing to France The said Alexander obtained his present majestyes pass to goe abroad And haveing afterwards returned with ane Commission under Cannan in the Highlands He wes taken at Crombdaill Bot hade assureance from Sir Thomas Livingstoun who Comanded in cheiff at that actione to be treatted as ane prisoner of warr And being therefter putt in the Bass and haveing nothing to Live upon himself, and redacted to straitts as he pretends And sieing ane good opportunity offered, He Concurred with some other prisoners to surpryze the said fort of the Bass And that he would have been content to have accepted the privie Councills offer and surrendered But not being Commander They would have knocked him on the head If he hade made any such proposition And that he took the first occasione he could get of Comeing ashoar Being resolved to have gone abroad But he wes apprehended the next day And haveing receaved ane Indytement befor the Lords of Justiciarie He proponed no defences bot represented his case forsaid and referred himself to his Majesties Clemencie And being found guilty and condemned He hath by ane petitione under his hand to the Lords of there majesties privie Councill acknowledged that the crymes Contained in his Lybell being comitted againest the government and standing Lawes of the natione For which he is heartily sorie They Justly deserve the punishment of death and forfaulture contained in his sentence And therefore Intirely throwes himself upon his Majestyes bountie and Clemencie for his gracious pardone and Indemnity And as for William Frasers case The Comittee finds that ever since he wes apprehended he hath been constantly applyeing for his majestyes favour and and2 mercie to the Lords of privie Councill acknowledging both his guilt and sorrow fully and Ingenuously And Begged to be admitted to the benefite of his Majestyes last Indemnity And to take the oath of alleadgeance pretending that If he hade not been taken the next day after his Leaveing the Bass he would have voluntarly come and claimed the benefite thereof which the Councill found they could not extend In regaird his cryme wes not committed within the tyme Contained in the said Indemnity And when he wes processed he would nether3 Imploy and Lawyers Nor propone any defence But acknowledged his guilt And both befor and Since hes Intirely submitted to His Majesty And Beggs Liberty to take the oath of alleadgeance And is willing to engadge himself in all tyme comeing to Live as ane good and peaceable subject and never to be unsensible of so unparallelled ane favour. The Comittee are of opinion In respect of the Circumstances forsaid Both the said Alexander and William Fraser may be recomended to his Majestyes favour and Clemencie for ane remissione and that the Coppies of there petitiones and severall representations may be transmitted to my Lord Secretary who is presently in waiting and attending His Majesty’s persone for that effect Bot in regaird Mr Halyburtoun does not offer to take the oath of alleadgeance It is referred to the Lords of Councill to consider whether his remission shall be burdened with his enacting himself upon oath that he shall never bear armes against there majestyes

At Edinburgh 21 April 1692

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Procedure: committee

Committee concerning Halyburton and Fraser

Sederunt: [Sir John Lauder] Lord Fountainhall and [Sir Archibald Murray] laird of Blackbarrony
The Committee appointed for preparing a representation of the case of Alexander Halyburton and William Fraser, prisoners sentenced for surprising the Bass and holding it out against their majesties, having considered the several petitions given in by them with the representations containing the state of their cases, they find it alleged by Mr Halyburton for obviating his crime, that at the beginning of this happy revolution he served in my Lord Dumbarton’s regiment and upon the late King James’s retiring to France the said Alexander obtained his present majesties’ pass to go abroad and having afterwards returned with a commission under Cannon in the Highlands he was taken at Cromdale but had assurance from Sir Thomas Livingstone who commanded in chief at that action to be treated as a prisoner of war, and being thereafter put in the Bass and having nothing to live upon himself, and redacted to straits as he pretends and seeing a good opportunity offered, he concurred with some other prisoners to surprise the said fort of the Bass, and that he would have been content to have accepted the privy council’s offer and surrendered but not being commander they would have knocked him on the head if he had made any such proposition, and that he took the first occasione he could get of coming ashore, being resolved to have gone abroad but he was apprehended the next day, and having received an indictment before the lords of justiciary he proponed no defences but represented his case forsaid and referred himself to his majesty’s clemency, and being found guilty and condemned he has by a petition under his hand to the lords of their majesties’ privy council acknowledged that the crimes contained in his libel being committed against the government and standing laws of the nation, for which he is heartily sorry, they justly deserve the punishment of death and forfeiture contained in his sentence, and therefore entirely throws himself upon his majesty’s bounty and clemency for his gracious pardon and indemnity. And as for William Fraser’s case the committee finds that ever since he was apprehended he has been constantly applying for his majesty’s favour and mercy to the lords of privy council acknowledging both his guilt and sorrow fully and ingeniously, and Begged to be admitted to the benefit of his majesty’s last indemnity and to take the oath of allegiance pretending that if he had not been taken the next day after his leaving the Bass he would have voluntarily come and claimed the benefit thereof, which the council found they could not extend in regard his crime was not committed within the time contained in the said indemnity, and when he was processed he would neither employ lawyers nor propone any defence but acknowledged his guilt, and both before and since has entirely submitted to his majesty, and begs liberty to take the oath of allegiance, and is willing to engage himself in all time coming to live as a good and peaceable subject, and never to be unsensible of so unparallelled a favour. The committee are of the opinion in respect of the circumstances forsaid both the said Alexander and William Fraser may be recommended to his majesty’s favour and clemency for a remission, and that the copies of their petitions and several representations may be transmitted to my lord secretary who is presently in waiting and attending his majesty’s person for that effect, but in regard Mr Halyburton does not offer to take the oath of allegiance, it is referred to the lords of council to consider whether his remission shall be burdened with his enacting himself upon oath that he shall never bear arms against their majesties

1. PC1/48, 151-2.

2. Sic.

3. The letters ‘ap’ scored out here.

1. PC1/48, 151-2.

Proclamation, 21 April 1692, Edinburgh

Status

Att Edinburgh the Tuenty First Day off Apryll Jaj vjc Nyntie tuo years

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Proclamation

Proclamatione for a Monthly fast

Proclamatione for a Monethly solemne fast to be observed throw all this Kingdome each last wedensday of the moneth of Maij Junij Jullij August and September for preservatione of his Majestyes Royall persone and success of his armes this Campaigne read votted approven and appointed to be published the Morrow off the Which proclamation the tenor followes William and Mary be the Grace of God King and Queen of great Brittaine France and Ireland defenders of the Faith To our Lyon King at armes and his brethren Heraulds macers of our privie Councill pursevants messengers at armes our shirreffs in that pairt Conjunctly and severally Constitute Greeting Forasmuch as severall synods and others in this church have applyed to the Lords of our privie Councill that they would Interpose there authority for Indyteing and keeping a solemne Nationall fast and humiliation in all the Kirks and meetinghouses of this our ancient Kingdome, To Implore the blessing of the Lord upon us in our Councills and undertakeings in defence of the true reformed religion and of these Lands and releiff of the oppressed abroad And specially that God would Countenance us in the present warr preserving our Royall persone and giveing success to our armes by sea and Land and preserve and Establish the protestant religion at home and abroad Therefore Wee with advyce of the Lords of our privie Councill doe hereby Comand and enjoyne that the said solemne fast and humiliatione for the ends above sett doun, Be religiously observed by all persones within this Kingdome both in Churches and meeting houses upon the tuenty Fyfth day of Maij next to come being the Last wednesday of that moneth And thereafter monethly upon the Last wednesday of each moneth untill the last wednesday of September next Inclusive And ordaines all ministers aither in kirks or meeting houses to read these presents publictly from the pulpitt a Sunday or tuo befor the first day apointed for keeping the said fast and humiliation And upon a sunday before each fast wednesday dureing the space forsaid And to the effect that this so necessarie and religious a duety may be publictly performed and punctuallie observed and our pleasure in the premises knowen Our Will is And wee charge yow straitly and Command, That Incontinent these our Letters seen ye pass to the mercat cross of Edinburgh and remanent mercat Crosses of the heid burghes of the severall shyres and stewartryes within this kingdome And in our name and authority make publication of the premisses That none may pretend Ignorance And wee ordanie our sollicitor to dispatch coppies hereof to the shirreffs of the severall shyres and stewarts of the stewartryes and there deputs or Clerks to be by them published at the mercat crosses of the heid burghes upon receipt hereof And Imediatly sent to the severall ministers both in kirks and meeting houses to the effect they may read and Intimat the same from there pulpitts and may seriously exhort all persons to a sincere and devote observance thereof as they will be ansuerable at there perrill and ordaines these presents to be printed and published in maner forsaid. Given under our signet att Edinburgh the tuenty first day of Apryll and of our reigne the Fourth year Jaj vjc and Nyntie tuo years Sic Subscribitur Tweeddale Cancel: J:P:D Douglas Linlithgow Lothian Forfar Stair William Forbes John Lauder William Enstruther Archibald Murray Robert Sinclair Patrick Murray

At Edinburgh 21 April 1692

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Proclamation

Proclamation for a Monthly fast

Proclamation for a monthly solemne fast to be observed through all this kingdom each last Wednesday of the month of May, June, July, August and September for preservation of his majesty’s royal person and success of his arms this campaign read, voted, approved and appointed to be published the morrow of the which proclamation the tenor followers: William and Mary by the grace of God, King and Queen of Great Britain, France and Ireland, defenders of the faith, to our Lyon King at arms and his brethren heralds, macers of our privy council, pursuivants, messengers at arms, our sheriffs in that part conjunctly and severally constitute greeting. Forasmuch as several synods and others in this church have applied to the lords of our privy council that they would interpose their authority for indicting and keeping a solemne national fast and humiliation in all the kirks and meeting houses of this our ancient kingdom, to implore the blessing of the lord upon us in our councils and undertakings in defence of the true reformed religion and of these lands and relief of the oppressed abroad, and especially that God would countenance us in the present war preserving our royall person and giving success to our arms by sea and land, and preserve and establish the protestant religion at home and abroad. Therefore we with advice of the lords of our privy council do hereby command and enjoyne that the said solemne fast and humiliation for the ends above set down, be religiously observed by all persons within this kingdom, both in churches and meeting houses upon the twenty fifth day of May next to come, being the last Wednesday of that month, and thereafter monthly upon the last Wednesday of each month until the last Wednesday of September next inclusive, and ordain all ministers either in kirks or meeting houses to read these presents publicly from the pulpit a Sunday or two before the first day appointed for keeping the said fast and humiliation, and upon a Sunday before each fast Wednesday during the space forsaid, and to the effect that this so necessary and religious a duty may be publicly performed and punctually observed, and our pleasure in the premises known our will is, and we charge yow straitly and command, that incontinent these our letters seen you pass to the mercat cross of Edinburgh and remaining mercat crosses of the head burghs of the several shires and stewartries within this kingdom, and in our name and authority make publication of the premisses that none may pretend ignorance, and we ordan our solicitor to dispatch copies hereof to the sheriffs of the several shires and stewarts of the stewartries and their deputies or clerks to be by them published at the mercat crosses of the head burghs upon receipt hereof and immediately sent to the several ministers both in kirks and meeting houses to the effect they may read and intimate the same from their pulpits and may seriously exhort all persons to a sincere and devoted observance thereof as they will be answerable at their peril and ordain these presents to be printed and published in manner forsaid. Given under our signet at Edinburgh the twenty first day of April and of our reign the fourth year 1692 years. Signed thus: Tweeddale Chancellor, in the presence of the lords Douglas, Linlithgow, Lothian, Forfar, Stair, William Forbes, John Lauder, William Anstruther, Archibald Murray, Robert Sinclair, Patrick Murray.

1. PC1/48, 149-51.

1. PC1/48, 149-51.

Act, 21 April 1692, Edinburgh

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Act

Act James Malcolme declareing a bond Null

Anent the petitione Given in to the Lords of there Majestyes privie Councill be James Malcome sone to the deceist John Malcome of Balbedie Shewing That the petitioner being with the late viscount of Dundee in the Highlands And haveing Embraced in due tyme there majesties most gracious Indemnitie and being Lykewayes putt under Cautione for his peaceable behaviour And the petitioners elder brothers In whose hands his small patrimonie Lyeth haveing then become Cautione for him He doeth now upon pretext of the said bond of Cautionrie absolutely refuse to pay or satisfie the petitioner any pairt of it Notwithstanding that the petitioner hath no other stock to aliment or entertain himself on And he haveing taken the oath of alleadgeance to there Majesties And being unable by reasone of wounds in his hands and armes to goe about any Imployment for a Lyvelyhood Farr Less to disturb the peace will be in great necessitie If his brother Continow to refuse to ansuer him of his oune And therefor Craveing that there Lordships would be pleased to take the petitioners case to there Consideratione And to order the giveing up his bond of Cautionrie that so his Cautioner may have no pretext to stopt or shift the payeing of his patrimonie, And that in respect the petitioner hath taken the oath of alleadgeance to there Majestyes As the said petitione bears The saids Lords of there majestyes privie Councill haveing considered this petitione given in to them be the above James Malcome and the Clerks of Councill haveing Informed that there is no such bond as the above bond of Cautionrie in there hands And that the petitioner conceaves the bond wes taken by Major Generall Mckay The Councill declares the said bond to be Null And gives order and warrand to the Clerks of Councill or any other persones In whose hands the said bond may happen at any tyme hereafter to be found, to delyver up the same to the petitioner

At Edinburgh 21 April 1692

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Act

Act James Malcolm declaring a bond null

Concerning the petition given in to the lords of their majesties privy council by James Malcolm, son to the deceased John Malcolm of Balbedie, showing That the petitioner being with the late viscount of Dundee in the Highlands and having embraced in due time their majesties most gracious indemnity and being likewise put under caution for his peaceable behaviour and the petitioner’s elder brothers in whose hands his small patrimony lies having then become caution for him he does now upon pretext of the said bond of caution absolutely refuse to pay or satisfy the petitioner any part of it notwithstanding that the petitioner has no other stock to aliment or entertain himself on, and he having taken the oath of allegiance to their majesties and being unable by reason of wounds in his hands and arms to go about any employment for a livelihood far less to disturb the peace will be in great necessity if his brother continues to refuse to answer him of his own, and therefore craving that their lordships would be pleased to take the petitioner’s case to their consideration and to order the giving up his bond of caution that so his cautioner may have no pretext to stop or shift the paying of his patrimony, and that in respect the petitioner has taken the oath of allegiance to their majesties as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above James Malcolm and the clerks of council having informed that there is no such bond as the above bond of cautionry in their hands, and that the petitioner conceives the bond was taken by Major General Mackay, the council declares the said bond to be null and gives order and warrant to the clerks of council, or any other persons in whose hands the said bond may happen at any time hereafter, to be found, to delyver up the same to the petitioner.

1. PC1/48, 149.

1. PC1/48, 149.

Warrant, 21 April 1692, Edinburgh

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Warrant

Warrand for observing the Queens birth day

The Lords of there Majestyes privie Councill Considering that the happie birth of her Royall Majesty our present Gracious Queen Mary wes upon the thretty day off the moneth of Apryll Therefor they hereby Recomend to and requyre David Earle of Leven Captain of there majestyes castle of Edinburgh to Cause fyre the guns in the said Castle from the walls thereof upon the thretty day of this Instant moneth of Apryll and to Cause putt up the flagg as is usuall as is usuall2 upon dayes of publict solemnitye and rejoyceing And ordaines the Magistrats of Edinburgh to observe and keep the same day as a day of publict Joy and rejoyseing And that they cause the Inhabitants to putt up Illuminationes in there windowes In place of Bonfyres and cause ring the bells and give and use such other testimoneys of Joy as is accustomarie upon dayes of publict solemnityes and rejoyceing

At Edinburgh 21 April 1692

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Warrant

Warrant for observing the Queen’s birthday

The lords of their majesties privy council considering that the happy birth of her royal majesty our present gracious Queen Mary was upon the thirtieth day of the month of April, therefore they hereby recommend to and require David Earl of Leven, captain of their majesties’ castle of Edinburgh to cause fire the guns in the said castle from the walls thereof upon the thirtieth day of this instant month of April, and to cause put up the flag as is usual upon days of public solemnity and rejoicing, and ordain the magistrates of Edinburgh to observe and keep the same day as a day of public Joy and rejoicing, and that they cause the inhabitants to put up illuminations in their windows in place of bonfires and cause ring the bells and give and use such other testimonies of Joy as is customary upon days of public solemnities and rejoicing.

1. PC1/48, 148-9.

2. Sic.

1. PC1/48, 148-9.

Procedure: committee, 21 April 1692, Edinburgh

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Procedure: committee

Comittee for delyvering the puncheous of the three pounds Scotts and other Lesser pieces of coyne to the Lord Cardross

Comittee order upon the above Remitt2

Forasmuchas Henrie Lord Cardross Generall of there Majestyes mint hes represented to the Lords of there majestyes privie Councill that the pucheous for the three pounds Scotts pieces and severall other Lesser pieces of Coyne are Lyeing in the hands of the Clerks of Councill by the Councills order whereby the Coyneing of money for these species’s is delayed The Saids Lords doe hereby recomend to the Earle off Linlithgow and Lord Viscount Stair to cause open the boxes wherein these puncheous are and revise the same and delyver them to the said Lord Cardross And the Councill discharges the Coyneing of above Tuo Hundreth pound Sterling of the saids three pound Scotts pieces untill they give particular order and warrand for the same Conforme to the above Remitt of Councill The Comittee did upon the tuentie tuo day of Apryll instant meet And haveing opened the severall boxes which were in the hands of the Clerks of Councill They Fund in one of these boxes the herd and reverse maister puncheous of the Croun piece with tuo pair of dyes struck by them with tuenty six small puncheous of armes and Letters for that piece And Fund in the other box tuo Maister head and reverse puncheous of the Fyve pence pieces with tuo pair of dyes struck by them and seventeen small puncheous for Letters and armes to these pieces and the matrices of the maister pieces And the Comittee ordaines the Clerks of Councill to delyver up the saids boxes with the puncheous dyes and others forsaids to the Lord Cardross Generall of the Mint And the said Lord Cardross did Lykewayes produce to the Comittee a third box which wes in his Custodie wherein they fund the heid and reverse maister puncheon of the tuenty pence piece with tuo pair of dyes struck by them, the matrices of the same and tuenty fyve small puncheous for Letters and armes to these pieces with the Matrices of the Croun pieces maister puncheous which being revised by the Comittee wes put into the box and the same receaved back by the Lord Cardross. In obedience to the above order of the Comittee The above boxes puncheous dyes and others therein contained and mentioned in the said report were receaved up by the Lord Cardross from the Clerks off Councill

At Edinburgh 21 April 1692

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Procedure: committee

Committee for delivering the punches of the three pounds Scots and other Lesser pieces of coin to the Lord Cardross

Committee order upon the above Remit2

Forasmuch as Henry [Erskine] Lord Cardross, general of their majesties’ mint has represented to the lords of their majesties’ privy council that the puncheons for the three pounds scots pieces and several other Lesser pieces of coin are lying in the hands of the clerks of council by the council’s order whereby the coining of money for these species is delayed, the said lords do hereby recommend to [George Livingstone] earl of Linlithgow and [James Dalrymple] Viscount Stair to cause open the boxes wherein these punches are and revise the same and deliver them to the said Lord Cardross and the council discharges the coining of above two hundred pound sterling of the said three pound scots pieces until they give particular order and warrant for the same, conforming to the above remit of council the committee did upon 22 April instant meet and having opened the several boxes which were in the hands of the clerks of council they found in one of these boxes the head and reverse master punches of the crown piece with two pairs of dies struck by them with twenty six small punches of arms and letter for that piece, and found in the other box two master head and reverse punches of the five pence piece with two pairs of dies struck by them, and seventeen small punches for letters and arms to these pieces and the matrices of the master pieces, and the committee ordains the clerks of council to deliver up the said boxes with the punches, dies and others forsaid to the Lord Cardross, general of the mint, and the said Lord Cardross did likewise produce to the committee a third box which was in his custody wherein they found the head and reverse master punches of the twenty pence piece with two pairs of dies struck by them, the matrices of the same and twenty five small punches for letters and arms to these pieces, with the matrices of the Crown pieces, master punches which being revised by the committee was put into the box and the same received back by the Lord Cardross. In obedience to the above order of the committee the above boxes punches, dies and others therein contained and mentioned in the said report were received up by the Lord Cardross from the clerks of council.

1. PC1/48, 147-8.

2. This second heading appears mid-way down the entry.

1. PC1/48, 147-8.

2. This second heading appears mid-way down the entry.

Warrant, 21 April 1692, Edinburgh

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Warrant

Warrand for delyvering […] Home prisoner for Incest to Leivetenant Cockburne

The Lords of there Majestyes privie Councill doe hereby give order and warrand to the Magistrats of Haddingtoun and keeper of there tolbooth to delyver […] Home prisoner therein for alleadged Incest with his Bastard neice to Leivetennent Cockburne in Collonell […] Douglas his Regiment By him to be carryed abroad for there Majestyes service in the said Regiment He being willing to goe abroad in the said service

At Edinburgh 21 April 1692

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Warrant

Warrant for delivering […] Home prisoner for Incest to Lieutenant Cockburn

The lords of their majesties’ privy council do hereby give order and warrant to the magistrates of Haddington and keeper of their tolbooth to deliver […] Home prisoner therein for alleged incest with his bastard niece to Lieutenant Cockburn in Colonel […] Douglas his regiment by him to be carried abroad for their majesties’ service in the said regiment he being willing to go abroad in the said service.

1. PC1/48, 147.

1. PC1/48, 147.

Act, 21 April 1692, Edinburgh

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Act

Liberatione Leivetenant James Murray

Anent the petitione Given in to the Lords of there majestyes privie Councill Shewing That where the petitioner haveing Continowed under Imprisonement and Confynement now for the space of thretty Four moneths in the Castle and tolbooth of Edinburgh till of Late, that the petitioner obtained Liberty to goe abroad with a Centinell upon sufficient cautione to returne to the Castle at night Which Long restraint hath been very greivous and troublesome many wayes Being thereby rendered uncapable to follow any Imployment and so reduced to straitts and difficultyes which may tend to the petitioners ruine If a remedie be not provyded And being resolved in all tyme comeing to Live quyetly and peaceably under the present government As the petitioner hes hitherto done since the petitioner hade his enlargement by the saids Lords there favour And therefore humbly Craveing that the saids Lords would be pleased to allow the petitioner his absolute Liberty and freedome and to discharge any further Confynement or restraint Being willing to find Cautione to Live peaceably and to returne when called for As the said petitione bears The saids Lords of there Majestyes privie Councill haveing Considered this petition given in to them be the above Leivetennent Murray They hereby allow the petitioner to be at Liberty to goe abroad about his effairs under the guard of a single foot souldier without Confynement to any particular house or place In respect the petitioner hes granted bond and Found Cautione acted in the books of privie Councill that he shall Live peaceably and with all submission to the present government under there Majesties King William and Queen Mary And that he shall not act consult or contryve any thing in prejudice thereof nor converse or Correspond with rebells And that he shall appear befor the Lords of Councill when called for under the penalty of Ane Hundreth pounds sterling Contained in his former bond And Recomends to Sir James Leslie Comander in cheiff for the tyme etc to appoint a foot souldier to attend and be a guaird upon the petitioner and that without the petitioners expenses And that he hes2 fund cautione to returne to his confynement at Edinburgh as appointed by former act of Councill betuixt and the first thursday of Julij next under the forsaid penalty And upon granting of this bond allowed the petitioners former bond to be given up.

At Edinburgh 21 April 1692

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Act

Liberation of Lieutenant James Murray

Concerning the petition given in to the lords of their majesties’ privy council showing that where the petitioner having continued under imprisonment and confinement now for the space of thirty four months in the Castle and tolbooth of Edinburgh till of late, that the petitioner obtained liberty to go abroad with a sentinel upon sufficient caution to return to the Castle at night, which Long restraint has been very grievous and troublesome in many ways being thereby rendered incapable to follow any employment and so reduced to straits and difficulties which may tend to the petitioner’s ruin if a remedy be not provided, and being resolved in all time coming to live quietly and peaceably under the present government, as the petitioner has hitherto done since the petitioner had his enlargement by the saids lords their favour, and therefore humbly craving that the said lords would be pleased to allow the petitioner his absolute liberty and freedom and to discharge any further confinement or restraint being willing to find caution to live peaceably and to return when called for, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Lieutenant Murray they hereby allow the petitioner to be at liberty to go abroad about his affairs under the guard of a single foot soldier without confinement to any particular house or place, in respect the petitioner has granted bond and found caution acted in the books of privy council that he shall live peaceably and with all submission to the present government under their majesties King William and Queen Mary, and that he shall not act, consult or contrive anything in prejudice thereof, nor converse or correspond with rebels, and that he shall appear before the lords of council when called for under the penalty of one hundred pounds sterling contained in his former bond, and recommend to Sir James Leslie, commander-in-chief for the time etc to appoint a foot soldier to attend and be a guard upon the petitioner and that without the petitioner’s expenses and that he has fund caution to return to his confinement at Edinburgh as appointed by former act of council betwixt now and the first Thursday of July next under the forsaid penalty, and upon granting of this bond allowed the petitioner’s former bond to be given up.

1. PC1/48, 146-7.

2. Insertion above the line.

1. PC1/48, 146-7.

Act, 21 April 1692, Edinburgh

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Act

Liberatione Captain James Murray

Anent the petitione Given in to the Lords of there majeties privie Councill be Captain James Murray brother to Sir David Murray of Stenhop Shewing That whereas the petitioner being apprehended prisoner in the Moneth of Junij Jaj vjc and Eightie Nyne And haveing ever since that tyme been Incarcerate aither in the tolbooth of Edinburgh or castle of Blackness or confyned to his chamber in Edinbugh while of Late by there Lordships favour the petitioner obtained some relaxatione Haveing Liberty to goe abroad some houres in the day tyme with a Centinell which Long Imprisonement and Confynement now for the space of thretty Four moneths hath been verie grievous and expensive and in a short tyme will altogether ruine him Haveing but a small fortune Left by his father to him which is near exhausted and being resolved in all tyme comeing to Live quyetly and peaceably under the government as he hes done hitherto since he wes enlarged from the Imprisonement and to find Cautione for that effect and to appear when called for And therefore humbly Craveing that there Lordships would be pleased to allow the petitioner his absolute Liberty in the termes forsaid and discharges any further Confynement that he may retire to the Countrie and Live quyetly As the said petitione bears The saids Lords of there Majestyes privie Councill haveing considered the above petitione Given in to them be the abovenamed Captain James Murray They hereby allow the petitioner to be at Liberty to goe abroad about his effairs under the guard of a single foot souldier without confynement to any particular house or place In respect he hes granted bond and found Cautione to Live peaceably and with all submission to the present government under there Majestyes King William and Queen Mary And that he shall not act consult or contryve any thing in prejudice thereoff Nor converse or correspond with rebells and shall appear befor the saids Lords when called for under the penalty of Tuo hundreth pounds sterling money contained in his former bond And recomends to Sir James Leslie comander in cheiff for the tyme of there majesties within this kingdome To Appoint a foot souldier to attend the petitioner and be a guaird to him And that without the petitioners expenses And that he find Cautione to returne to his Confynement at Edinburgh as appointed be the former act of Councill betuixt and the first thursday of Jullij next under the penalty forsaid, And upon granting of this bond allowes the petitioners former bond to be given up

At Edinburgh 21 April 1692

A1692/4/251

Act

Liberatione of Captain James Murray

Concerning the petition Given in to the lords of their majesties’ privy council by Captain James Murray, brother to Sir David Murray of Stanhope, showing that whereas the petitioner being apprehended prisoner in the month of June 1689 and having ever since that time been incarcerated either in the tolbooth of Edinburgh or castle of Blackness or confined to his chamber in Edinburgh while of late by their lordships’ favour the petitioner obtained some relaxation having liberty to go abroad some hours in the day time with a sentinel which long imprisonment and confinement now for the space of thirty four months has been very grievous and expensive and in a short time will altogether ruin him having but a small fortune left by his father to him, which is near exhausted, and being resolved in all time coming to live quietly and peaceably under the government as he has done hitherto since he was enlarged from the imprisonment and to find caution for that effect and to appear when called for, and therefore humbly craving that their lordships would be pleased to allow the petitioner his absolute liberty in the terms foresaid and discharges any further confinement that he may retire to the country and live quietly as the said petition bears. The said lords of their majesties’ privy council having considered the above petition given in to them be the above named Captain James Murray, they hereby allow the petitioner to be at liberty to go abroad about his affairs under the guard of a single foot soldier without confinement to any particular house or place in respect he has granted bond and found caution to live peaceably and with all submission to the present government under their majesties King William and Queen Mary, and that he shall not act, consult or contrive anything in prejudice thereof nor converse or correspond with rebels and shall appear before the said lords when called for under the penalty of two hundred pounds sterling money contained in his former bond, and recommends to Sir James Leslie, commander-in-chief for the time of their majesties within this kingdom to appoint a foot soldier to attend the petitioner and be a guard to him, and that without the petitioner’s expenses and that he find caution to return to his confinement at Edinburgh as appointed be the former act of council betwixt and the first thursday of July next under the penalty foresaid, and upon granting of this bond allows the petitioner’s former bond to be given up.

1. PC1/48, 146.

1. PC1/48, 146.

Act, 21 April 1692, Edinburgh

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Act

Act James Carruthers

Anent the petitione Given in to the Lords of there Majesties privie Councill be James Curruthers Shewing That whereas the petitioner wes detained severall moneths prisoner upon Misinformatione And when the effair wes fully searched into, Nothing could be found in the Least made appear againest Him, So upon applicatione to there Lordships wes ordered to be sett at Liberty upon finding baill that he sould ansuer when called And now sieing the petitioner (who is but a young man) hes2 passed his studyes here, Requisite for his studyeing of the Law abroad Intends to goe for Holland in order to prosecute the samen studie And the petitioners fortune being but small he is not in a conditione to effectuate the samen unles the baill granted be him were discharged and the bond for the samen delyvered up to the said petitioner which wes granted be him and Andrew Chalmers bookbinder in Edinburgh, Cautioner near tuo years agoe And that there Lordships Justice hitherto does sufficiently encouradge him to supplicat for this favour And therefor Craveing that the saids Lords would take the premisses to there serious consideratione and discharge the forsaid bond and order the samen to be delyvered up that the petitioner may further prosecute his studyes As the said petitione bears The saids Lords of there Majestyes privie Councill haveing Considered this petitione Given in to them be the above James Carruthers They hereby allow and give order and warrand to the Clerks of Councill to give up to the petitioner the above bond of Cautionry And allowes the petitioner to goe abroad for prosecuteing of his Studyes, He alwayes befor extracting hereoff Finding sufficient Cautione acted in the books of privie Councill that he shall not goe to the Kingdome of France nor bear armes againest there Majestyes King William and Queen Mary, Nor any of there allyes

At Edinburgh 21 April 1692

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Act

Act for James Carruthers

Concerning the petition given in to the lords of their majesties’ privy council by James Carruthers showing that whereas the petitioner was detained several months prisoner upon misinformation and when the affair was fully searched into, nothing could be found in the least made appear against him, so upon application to their lordships was ordered to be set at liberty upon finding bail that he should answer when called, and now seeing the petitioner (who is but a young man) has passed his studies here, requisite for his studying of the law abroad intends to go for Holland in order to prosecute the same study, and the petitioner’s fortune being but small he is not in a condition to effectuate the same unless the bail granted be him were discharged and the bond for the same delivered up to the said petitioner which was granted by him and Andrew Chalmers, bookbinder in Edinburgh, cautioner near tuo years ago, and that there lordships justice hitherto does sufficiently encourage him to supplicate for this favour, and therefore craving that the said lords would take the premisses to their serious consideration and discharge the forsaid bond and order the same to be delivered up that the petitioner may further prosecute his studies, as the said petition bears. The said Lords of their majesties’ privy council having considered this petition given in to them by the above James Carruthers they hereby allow and give order and warrant to the clerks of council to give up to the petitioner the above bond of caution and allow the petitioner to go abroad for prosecuting of his studies, he always before extracting hereof finding sufficient caution acted in the books of privy council that he shall not go to the kingdom of France nor bear arms against their majesties King William and Queen Mary, nor any of their allies.

1. PC1/48, 145

2. This word has been inserted above the line.

1. PC1/48, 145

Act, 21 April 1692, Edinburgh

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Act

Act Mr John Meinzies to get up his bond and goe abroad

Anent the petitione given in to the Lords of there majestyes privie Councill be Mr John Meinzies Shewing that the petitioner as he wes goeing home to Fyff in the year Jaj vjc and Eighty Nyne being seized at the Queensferrie and sent back prisoner to Edinburgh by some officers who hade no order for that effect And upon no other ground nor pretence Imaginable but for not haveing a pass tho there wes no Law at that tyme obleidgeing to seek passes And there wes no speciall necessity for the petitioners haveing one in so short a Journey to the knowen place of his residence, And haveing been set at liberty by order of the privie Councill upon his finding cautione for his ansuering when called and for his peaceable behaviour (as wes thought fitt to be requyred of the petitioner in the Confusions of that tyme) The petitioner hes Lived ever since so peaceably in the prosecutione of his oune studyes and private effairs that no thing hes been nor can be objected againest him And sieing the petitioners tendernes to the Gentleman who is Cautione for him And the petitioners waiting patiently for getting his bond delyvered to him when nothing could be alleadged to the contrair hes keept the petitioner Long in this countrey after that both his interest and Inclinatione obleidged him to goe abroad to Leyden or some such other university where the advantages of studyeing the civill Law are fully to be hade And sieing the restraint of his Liberty hes been alreadie a great prejudice to him forceing him to ane unprofitable Consumeing of his tyme and money and outterly hazarding his fourtune for the future And therefor Craveing that there Lordships would be pleased to ordaine there Clerks to give up to the petitioner his bond of Cautione that both he may enjoy that Liberty which he hade done nothing to forfault and the Gentleman his Cautioner may have satisfactione As the said petitione bears The saids Lords of there Majestyes privie Councill haveing considered this petitione given in to them be the above Mr John Meinzies They hereby give order and warrand to the Clerks of Councill to give up to the petitioner the above bond of Cautionry And allowes the petitioner to goe abroad for prosecuteing of his studyes In respect he hes found sufficient Cautione acted in the books off privie Councill that he shall not goe to the Kingdome of France Nor bear armes againest there Majestyes King William and Queen Mary Nor any of there allayes under the penalty of Tuo Thousand merks

At Edinburgh 21 April 1692

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Act

Act Mr for John Menzies to get up his bond and go abroad

Concerning the petition given in to the lords of their majesties’ privy council by Mr John Menzies showing that the petitioner as he was going home to Fif in the year 1689 being seized at the Queensferry and sent back prisoner to Edinburgh by some officers who had no order for that effect, and upon no other ground or pretence imaginable but for not having a pass though there was no law at that time obliging to seek passes, and there was no special necessity for the petitioner having one in so short a journey to the known place of his residence, and having been set at liberty by order of the privy council upon his finding caution for his answering when called and for his peaceable behaviour (as was thought fit to be required of the petitioner in the confusions of that time) the petitioner has lived ever since so peaceably in the prosecution of his own studies and private affairs that nothing has been nor can be objected against him, and seeing the petitioner’s tenderness to the gentleman who is caution for him, and the petitioner’s waiting patiently for getting his bond delivered to him when nothing could be alleged to the contrary has kept the petitioner long in this country after that both his interest and inclination obliged him to go abroad to Leiden or some such other university where the advantages of studying the civil law are fully to be had, and seeing the restraint of his liberty has been already a great prejudice to him forcing him to an unprofitable consuming of his time and money and utterly hazarding his fortune for the future, and therefore craving that their lordships would be pleased to ordain their clerks to give up to the petitioner his bond of caution that both he may enjoy that liberty which he had done nothing to forfeit and the gentleman his cautioner may have satisfaction, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Mr John Menzies they hereby give order and warrant to the clerks of council to give up to the petitioner the above bond of caution and allow the petitioner to go abroad for prosecuting of his studies in respect he has found sufficient caution acted in the books of privy council that he shall not go to the kingdom of France nor bear arms against their majesties King William and Queen Mary, nor any of their allies under the penalty of two thousand merks

1. PC1/48, 144-5.

1. PC1/48, 144-5.