Act, 21 July 1692, Edinburgh

Edinburgh the twentie one day of Jully Jaj vjc nyntie two years

D1692/7/231

Act

Act In favors of James Smart and John Paterson for aprysing some horses

Forasmuchas It being represented to the Lords of their majesties privy Councill That James Smart and John Paterson hostlers in Kirkaldie have mantained four horses with their keepers wherof one a sorrell horse pertaineing to Captaine Sandersone, The second a black horse pertaineing to Captain Hedlum The thrid ane Gray horse pertaineing to Captaine Cushnie, and the fourth a bay hors pertaineing to Livetenent Rendall all officers to have been transported with the forces that went from Scotland to Flanders in February or march last But ware necessitate to turne back throw the badnes of the weather, And that the saids hostlers can gett no notice wher the owners of these horsses are, That they may be payed for the mantinance of them and their keepers, and that the hostlers being mean persones are not able to mantaine them longer, The Saide Lords of privy Councill Doe heirby Ordaine the saids Hostlers to constitute and Liquidate before any of the baillies of Kirkaldie the soumes resting to them for mantinance of the saids horsses, And their keepers, And upon liquidation of the soumes Gives order and warrand to any of the saids baillies To cause appryss the saids horsses, And allowes the saids hostlers to sell and dispose upon them for the soumes they shall be apprysed to at the sight of any of the saids baillies, And appoints the supperplus of the pryce of the saids horses more then payes their Maintinance and their keepers To remaine in the baillies hands to be made furth cometing to such as should be found to have best right therto.

Edinburgh the twentie one day of Jully Jaj vjc nyntie two years

D1692/7/231

Act

Act In favors of James Smart and John Paterson for aprysing some horses

Forasmuchas It being represented to the Lords of their majesties privy Councill That James Smart and John Paterson hostlers in Kirkaldie have mantained four horses with their keepers wherof one a sorrell horse pertaineing to Captaine Sandersone, The second a black horse pertaineing to Captain Hedlum The thrid ane Gray horse pertaineing to Captaine Cushnie, and the fourth a bay hors pertaineing to Livetenent Rendall all officers to have been transported with the forces that went from Scotland to Flanders in February or march last But ware necessitate to turne back throw the badnes of the weather, And that the saids hostlers can gett no notice wher the owners of these horsses are, That they may be payed for the mantinance of them and their keepers, and that the hostlers being mean persones are not able to mantaine them longer, The Saide Lords of privy Councill Doe heirby Ordaine the saids Hostlers to constitute and Liquidate before any of the baillies of Kirkaldie the soumes resting to them for mantinance of the saids horsses, And their keepers, And upon liquidation of the soumes Gives order and warrand to any of the saids baillies To cause appryss the saids horsses, And allowes the saids hostlers to sell and dispose upon them for the soumes they shall be apprysed to at the sight of any of the saids baillies, And appoints the supperplus of the pryce of the saids horses more then payes their Maintinance and their keepers To remaine in the baillies hands to be made furth cometing to such as should be found to have best right therto.

1. NRS, PC2/24, 79v.

1. NRS, PC2/24, 79v.

Act, 21 July 1692, Edinburgh

Edinburgh the twentie one day of Jully Jaj vjc nyntie two years

D1692/7/221

Act

Act Drumond of Meginsh for the keyes of the Mans of Erroll

Anent a Petition given in to the Lords of their majesties privy Council be Adam Drumond of Meginsh for himself And in name of the heritors and elders of the kirk session of Erroll Shewing That quher Mr Samuell Nairne was lawfullie called And orderly admitted to be minister of the said kirk as his instrument of admisione therwith produced Conforme wherto he hath been and is in the peacable2 exerciss of his ministrie at the said kirk And seing that albeit the manse by voyd yet the keyes being out of the way, He cannot have full access therto without the saids Lords warrand And Therfore Humbly Craveing the saids Lords to give warrand to the Shiref depute of the shyre or any within the bounds whom the saids Lords thinks fitt to make the said manse open and patent to him and enter him in the possession therof and parts and pertinents of the same and since the keyes cannot be found to make the kings keyes for that effect as the petitione bears. The Lords of their Majesties privy Councill haveing considered this petition given in to them be the above3 Adam Drumond of Meginsh and other heritors of the parish of Erroll with the answers made therto be Sir John Hay of Murie and other heritors of the said parish of Erroll with another petitione be these heritors and a petition given in by Meginsh and the other heritors be way of answer therto, with the writtes produced for aither partie, And the saids Lords Considering that the above Mr Nairne is in possession of the Church of the said parish of Erroll, Therfore they Ordaine the havers of the keyes of the manse of the said parish of Erroll if they can be knowen to deliver the same to the said Adam Drumond And if the said keyes cannot be found the saids Lords Doe heirby give order and warrand to Mr Nathaniall Fyfe advocat Sheref depute of the shyre of Pearth to break up the Doors of the said manse and make the same open and patent to the said Mr Nairn and enter him to the peacable possessione therof with the gleb parts and pertinents of the same as he will be answerable And Ordaines letters of horning to be direct heiron under the signet of Councill upon fiftein dayes warning.

Edinburgh the twentie one day of Jully Jaj vjc nyntie two years

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Act

Act Drumond of Meginsh for the keyes of the Mans of Erroll

Anent a Petition given in to the Lords of their majesties privy Council be Adam Drumond of Meginsh for himself And in name of the heritors and elders of the kirk session of Erroll Shewing That quher Mr Samuell Nairne was lawfullie called And orderly admitted to be minister of the said kirk as his instrument of admisione therwith produced Conforme wherto he hath been and is in the peacable2 exerciss of his ministrie at the said kirk And seing that albeit the manse by voyd yet the keyes being out of the way, He cannot have full access therto without the saids Lords warrand And Therfore Humbly Craveing the saids Lords to give warrand to the Shiref depute of the shyre or any within the bounds whom the saids Lords thinks fitt to make the said manse open and patent to him and enter him in the possession therof and parts and pertinents of the same and since the keyes cannot be found to make the kings keyes for that effect as the petitione bears. The Lords of their Majesties privy Councill haveing considered this petition given in to them be the above3 Adam Drumond of Meginsh and other heritors of the parish of Erroll with the answers made therto be Sir John Hay of Murie and other heritors of the said parish of Erroll with another petitione be these heritors and a petition given in by Meginsh and the other heritors be way of answer therto, with the writtes produced for aither partie, And the saids Lords Considering that the above Mr Nairne is in possession of the Church of the said parish of Erroll, Therfore they Ordaine the havers of the keyes of the manse of the said parish of Erroll if they can be knowen to deliver the same to the said Adam Drumond And if the said keyes cannot be found the saids Lords Doe heirby give order and warrand to Mr Nathaniall Fyfe advocat Sheref depute of the shyre of Pearth to break up the Doors of the said manse and make the same open and patent to the said Mr Nairn and enter him to the peacable possessione therof with the gleb parts and pertinents of the same as he will be answerable And Ordaines letters of horning to be direct heiron under the signet of Councill upon fiftein dayes warning.

1. NRS, PC2/24, 79r.

2. The word ‘posession’ scored out here.

3. Illegible name scored out here.

1. NRS, PC2/24, 79r.

2. The word ‘posession’ scored out here.

3. Illegible name scored out here.

Sederunt, 21 July 1692, Edinburgh

Edinburgh the twentie one day of Jully Jaj vjc nyntie two years1

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Sederunt

Lord Chancelor; Earl of Melvill p: Seall; Duke of Queensberry; Marquis of Douglas; Earl of Drumlanrig; Earl of Linlithgow; Earl of Forfar; Earl of Kintoir; Earl of Broadalbine; Viscount Stair; Viscount Tarbatt; Lord Montgomrie; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Polwarth; Master of Forbes; Mr Johnston secret: Lord Fountonhall; Lord Enstruther; Laird of Blackbarrony; Laird of Stivensone; Sir Thomas Livingston; Sir William Lockhart; Sir Patrick Murray

Edinburgh the twentie one day of Jully Jaj vjc nyntie two years1

D1692/7/212

Sederunt

Lord Chancelor; Earl of Melvill p: Seall; Duke of Queensberry; Marquis of Douglas; Earl of Drumlanrig; Earl of Linlithgow; Earl of Forfar; Earl of Kintoir; Earl of Broadalbine; Viscount Stair; Viscount Tarbatt; Lord Montgomrie; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Polwarth; Master of Forbes; Mr Johnston secret: Lord Fountonhall; Lord Enstruther; Laird of Blackbarrony; Laird of Stivensone; Sir Thomas Livingston; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 78v.

2. NRS, PC2/24, 78v.

1. NRS, PC2/24, 78v.

2. NRS, PC2/24, 78v.

Procedure: report, 21 July 1692, Edinburgh

Att Edinburgh the Tuenty First day of Jullij Jaj vjc nyntie tuo years

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Procedure: report

Major Mo[n]ro’s report anent the Bass

The Councill Haveing Called for Major Monro whom Sir Thomas Livingstoun hade sent to enquyre anent the ship said to be Lyeing at the Bass or in the road The major gave accompt That by what he could know There wes a french ship came to the Bass upon tuesday about seven of the cloack at night And went away upon wednisday about Eight in the morning And that she Livered some things in three great2 boatts to the Bass And there wes a doggar Lyeing befor the Bass which since yesternight at seven of the cloack hes Lyen Closs to it.

At Edinburgh 21 July 1692

A1692/7/561

Procedure: report

Major Monro’s report concerning the Bass

The council having called for Major Monro, whom Sir Thomas Livingston had sent to enquire concerning the ship said to be lying at the Bass or in the road, the major gave account that by what he could know there was a French ship came to the Bass upon Tuesday about seven o’clock at night and went away upon Wednesday about eight in the morning, and that she delivered some things in three great boatloads to the Bass, and there was a dogger lying before the Bass which since yesternight at seven o’clock has lain close to it.

1. PC1/48, 331.

2. Inserted above the line.

1. PC1/48, 331.

2. Inserted above the line.

Warrant, 21 July 1692, Edinburgh

Att Edinburgh the Tuenty First day of Jullij Jaj vjc nyntie tuo years

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Warrant

Warrand for Imprisoning the Lord Frazer in the castle of Edinburgh

The Lords of there Majestyes privie Councill being acquanted by Sir William Lockhart there majestyes sollicitor that he is Informed That Charles Lord Fraser hes behaved himself in a verie Insolent maner at the toun of Fraserburgh And that he hes uttered severall approbrious If not treasonable expressiones againest there majestyes and the government The saids Lords doe hereby ordain the said Lord Fraser to be carryed prisoner to the Castle of Edinburgh and Recomends to the Earle of Leven Governour of the said castle and in his absence to the next Comanding officer there To receave and detain the said Lord Fraser prisoner in the said castle till farder order.

At Edinburgh 21 July 1692

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Warrant

Warrant for Imprisoning the Lord Fraser in the castle of Edinburgh

The lords of their majesties’ privy council being acquainted by Sir William Lockhart, their majesties’ solicitor, that he is informed that Charles Lord Fraser has behaved himself in a very insolent manner at the town of Fraserburgh, and that he has uttered several approbrious if not treasonable expressions against their majesties and the government, the said lords do hereby ordain the said Lord Fraser to be carried prisoner to the castle of Edinburgh and recommend to the earl of Leven, governor of the said castle, and in his absence to the next commanding officer there, to receive and detain the said Lord Fraser prisoner in the said castle till further order.

1. PC1/48, 330-31.

1. PC1/48, 330-31.

Procedure: committee, 21 July 1692, Edinburgh

Att Edinburgh the Tuenty First day of Jullij Jaj vjc nyntie tuo years

A1692/7/541

Procedure: committee

Comittee anent the minister of South Leith

The Lords of there Majestyes privie Councill doe hereby recomend to the Comittee formerly appoynted be there Lordships in the mutuall petitiones given in to them be severall of the heretors and pariochiners of South Leith anent the setleing a first minister at the Kirk thereof viz The Earle of Louthian The Lord Viscounts of Tarbatt and Stair The Lord Carmichaell, The Lords Enstruther The Lairds of Blackbarrony and Stevinstoun to meet with both pairtyes to morrow at eight in the morning And Recomends to the moderator and remanent ministers of the presbitry of Edinburgh to appoint tuo of there number to attend the said2 Comittee at that tyme in the privie Councill Chamber And to the Comittee to endeavour to setle this effair and report to the Councill.

At Edinburgh 21 July 1692

A1692/7/541

Procedure: committee

Committee concerning the minister of South Leith

The lords of their majesties’ privy council do hereby recommend to the committee formerly appointed by their lordships in the mutual petitions given in to them by several of the heritors and parishioners of South Leith concerning the settling a first minister at the kirk thereof, namely the earl of Lothian, the lord viscounts of Tarbat and Stair, the Lord Carmichael, the lords Anstruther, the lairds of Blackbarony and Stevenson, to meet with both parties tomorrow at eight in the morning, and recommend to the moderator and remaining ministers of the presbytery of Edinburgh to appoint two of their number to attend the said committee at that time in the privy council chamber and to the committee to endeavour to settle this affair and report to the council.

1. PC1/48, 330.

2. The word ‘presbitrie’ is scored out here.

1. PC1/48, 330.

Procedure: committee, 21 July 1692, Edinburgh

Att Edinburgh the Tuenty First day of Jullij Jaj vjc nyntie tuo years

A1692/7/531

Procedure: committee

Comittee for prepareing a Letter to the King

The Lords of there Majestyes privie Councill doe hereby Recomend to his Grace the Duke of Queensberrie the Earle of Linlithgow, The Viscounts of Tarbatt and Stair and the Lord Secretarie Johnstoun to attend my Lord high Chancellour In order to prepare a draught of a Letter to the Kings majestie Giveing ane accompt of the proceedings of Councill since his majesty went from Brittaine.

At Edinburgh 21 July 1692

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Procedure: committee

Committee for preparing a Letter to the King

The lords of their majesties’ privy council do hereby recommend to his grace the duke of Queensberry, the earl of Linlithgow, the viscounts of Tarbat and Stair and the Lord Secretary Johnston to attend my Lord High Chancellor in order to prepare a draught of a letter to the King’s majesty giving an account of the proceedings of the council since his majesty went from Britain.

1. PC1/48, 330.

1. PC1/48, 330.

Act, 21 July 1692, Edinburgh

Att Edinburgh the Tuenty First day of Jullij Jaj vjc nyntie tuo years

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Act

Liberation Captain Hutcheons

Anent the petitione Given in to the Lords of there majestyes privie Councill be Captain Thomas Hutcheons Shewing That the petitioner haveing followed his maister King James to France in the moneth of Januarij preceeding King Williams accessione to the Croun And haveing been ordered from France to Ireland and from that to Scotland wes at Last taken prisoner by Sir Thomas Livingstoun at Cromdaill And haveing never receaved any subsistance from the government in his so Long and miserable confynement he is now reduced to the outmost point of extremity and therefore craveing that there Lordships would be pleased to consider the petitioners Long restraint who is a stranger in this Kingdome And in there Clemencie to delyver up his bond and grant him a pass to goe beyond sea, never to returne to this kingdome wihout permission from the government As the said petitione bears The Saids Lords of there Majestyes privie Councill haveing Considered this petitione given in to them be the above Captain Hutcheons They hereby allow and give Licence to the petitioner to goe beyond sea’s and declares thir presents to be a sufficient pass for his transportatione that he may travell without trouble or molestatione he behaveing himself as becometh The petitioner alwayes befor extracting hereof Giveing in to the Clerks of Councill his parroll of honour in wreitting That he shall not returne to any of there Majestyes Dominiones without there majestyes or the Councills Speciall Licence for that effect And upon the Clerks receaveing of this parroll allowes them to give up the petitioners above bond.

At Edinburgh 21 July 1692

A1692/7/521

Act

Liberation of Captain Hutcheons

Concerning the petition given in to the lords of their majesties privy council by Captain Thomas Hutcheons showing that the petitioner having followed his master King James to France in the month of January preceding King William’s accession to the Crown And having been ordered from France to Ireland and from that to Scotland was at last taken prisoner by Sir Thomas Livingston at Cromdale and having never received any subsistence from the government in his so long and miserable confinement he is now reduced to the utmost point of extremity and therefore craving that their Lordships would be pleased to consider the petitioner’s long restraint who is a stranger in this kingdom, and in their clemency to deliver up his bond and grant him a pass to go beyond sea, never to return to this kingdom without permission from the government, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Captain Hutcheons they hereby allow and give licence to the petitioner to go beyond seas and declare their presents to be a sufficient pass for his transportation that he may travel without trouble or molestation he behaving himself as becometh, the petitioner always before extracting hereof giving in to the clerks of council his parol of honour in writing that he shall not return to any of their majesties’ dominions without their majesties’ or the council’s special licence for that effect, and upon the clerks receiving of this parol allows them to give up the petitioner’s above bond.

1. PC1/48, 329-30.

1. PC1/48, 329-30.

Order, 21 July 1692, Edinburgh

Att Edinburgh the Tuenty First day of Jullij Jaj vjc nyntie tuo years

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Order

Recomendatione Lady Craigdarroch to the Lords of theasury

The Lords of there Majestyes privie Councill doe hereby recomend to the Lords Comissioners of there majestyes theasurie to cause make effectuall the precepts drawen by the Kings majesty upon there Lordships In favours of the Ladie Craigdarroch for the waird of her husband Killed at Killicrankie and charges of her oune Journey to Londone

At Edinburgh 21 July 1692

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Order

Recommendation of Lady Craigdarroch to the Lords of treasury

The lords of their majesties’ privy council do hereby recommend to the lords commissioners of their majesties treasury to cause make effectual the precepts drawn by the king’s majesty upon their lordships in favour of the Lady Craigdarroch for the ward of her husband killed at Killiecrankie and charges of her own journey to London.

1. PC1/48, 329.

1. PC1/48, 329.

Order, 21 July 1692, Edinburgh

Att Edinburgh the Tuenty First day of Jullij Jaj vjc nyntie tuo years

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Order

Recomendatione Captain Caldwells re[l]ict to the theasurie

Anent the petitione Given in to the Lords of there majestyes privie Councill be Martha Kirkwood relict of the deceist James Caldwell one of the late Captains in the Earle of Angus his regiment of foot Shewing That where the petitioners deceist husband haveing by vertue of there Majestyes Comission of the dait the tuentie fourth day of december Jaj vjc and Eighty nyne years served as Captain in the said regiment of foot ever since the Levyeing thereof till the Fight at Dunkeld where he receaved his mortall wounds whereof (after fourteen moneths dureing which tyme he Lay under the hands of phisicians and Chirurgeons for cure). he dyed And Left the petitioner a poor destitute widow without any means for subsistance All that2 he hade being intirely exhausted dureing the forsaid tyme of his being under Cure over and above what wes payed to the phisicians and Chirurgeons out of his pay which wes not sufficient to defray the expenses Impended upon him And sieing thre wes fyve moneths pay resting to him the tyme of his deceiss As hes appeared to the saids Lords by a testificat under the hand of the Leivetennent Colonell to the said regiment given in to the Clerk with a double thereof And that the petitioner hath never as yet receaved payment of any pairt thereof for releiving her from, or supporting her under the sadd and extream penurious conditione she is redacted unto from what is above represented attour that she stands engadged in more, which wes contracted for her said deceist husband dureing his sicknes then the haill fyve moneths pay will amount to And therefore craveing that there Lordships would be pleased In consideratione of what is above represented and of the poor and afflicted conditione of the petitioner depryved both of her husband and Lyvelyhood not only to ordaine payment to be made to the petitioner of what wes due to her said deceist husband at his deceiss Both also of what other soumes there Lordships shall out of there bountie please modifie In recompense of the petitioners husbands forwardnes in there majestyes service and of her Loss of both her husband and Lyvelyhood therein for her future subsistance As the said petitione bears The saids Lords of there majestyes privie Councill haveing considered this petitione given in to them be the above Martha Kirkwood They hereby recomend to the Lords Commissioners of there majesties theasurie to cause payment be made to the petitioner of the arriers resting to her deceist husband And of what further there Lordships shall think fitt to modifie to her upon the grounds above represented.

At Edinburgh 21 July 1692

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Order

Recommendation of Captain Caldwell’s relict to the Treasury

Concerning the petition given in to the lords of their majesties’ privy council by Martha Kirkwood, relict of the deceased James Caldwell, one of the late captains in the Earl of Angus’s regiment of foot, showing that where the petitioner’s deceased husband having by virtue of their majesties’ commission of the date the twenty fourth day of December 1689 served as captain in the said regiment of foot ever since the levying thereof until the fight at Dunkeld, where he received his mortal wounds whereof (after fourteen months during which time he lay under the hands of physicians and surgeons for curing) he died and left the petitioner a poor destitute widow, without any means for subsistence all that he had being entirely exhausted during the forsaid time of his being under cure over and above what was paid to the physicians and surgeons out of his pay, which was not sufficient to defray the expenses impended upon him, and seeing there was five months pay resting to him the time of his decease as has appeared to the said lords by a testificate under the hand of the lieutenant colonel to the said regiment given in to the clerk with a double thereof, and that the petitioner has never as yet received payment of any part thereof for relieving her from, or supporting her under the sad and extreme penurious condition she is redacted unto from what is above represented in addition to that she stands engaged in more, which was contracted for her said deceased husband during his sickness then the whole five months pay will amount to, and therefore craving that their lordships would be pleased in consideration of what is above represented, and of the poor and afflicted condition of the petitioner, deprived both of her husband and livelihood not only to ordain payment to be made to the petitioner of what was due to her said deceased husband at his death but also of what other sums their lordships shall out of their bounty please modify in recompense of the petitioner’s husbands forwardness in their majesties service, and of her loss of both her husband and livelihood therein for her future subsistence, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Martha Kirkwood they hereby recommend to the lords commissioners of their majesties’ treasury to cause payment be made to the petitioner of the arrears resting to her deceased husband, and of what further their lordships shall think fit to modify to her upon the grounds above represented.

1. PC1/48, 328-9

2. A scored out, illegible word appears here.

1. PC1/48, 328-9

2. A scored out, illegible word appears here.