D1692/5/18
D1692/5/181
Procedure: remission
The Councill Remitts the two letters direct to the Lord Chancelor one from the Commissioners of Supplie of the Shyre of Renfrew and the other from the magistrats of Jedburgh to the Comittie appoynted to consider the Reports from the westerne shyres.
1. NRS, PC2/24, 55r.
1. NRS, PC2/24, 55r.
D1692/5/17
D1692/5/171
Procedure
The Councill Grants leave to the Lord Polwarth to goe to the Countrie for his Majesties service.
1. NRS, PC2/24, 54v.
1. NRS, PC2/24, 54v.
D1692/5/16
D1692/5/161
Act
Anent a Petition given in to the Lords of their Majesties privy Councill be James Dykes Shoemaker in the Cannogate and present kirk thesaurer to the session of Hollyruidhouse Shewing That quher the kirk session of Hollyruidhouse ever since the happy Reformatione from Popery has been a legall constitute session without Respect to any change or alteratione in the Church government Continued in the annuall electione of their successors and of a kirk thesaurer who was allwayes intrusted by them with what concerned the intrest of the Church and particularly in haveing the charge and oversight of the manse and such parts therof as were sett out for the use of the minister of the Cannogate The said kirk sessione haveing been allwayes at the expences and charge of Repairing the said manse (alse often as occasione called for the samen) And a part of the said manse haveing been sett by the petitioners predecessors as kirk thesaurer to the ends forsaids, And Mrs Stirling widow haveing been the last tennent in a part of the said Manse and have removed at the terme of Whitsunday last she did deliver the keyes therof to the petitioner And in receiveing wherof, albeit the Supplicant acted in that Station as kirk thesaurer and as his predecessors past all memory had done, yet Patrick Hallyburtone principall Barron baillie of the Canogate Haveing wpon Frayday the nyntein instant about nyne acloak at night sumarly Commanded the petitioner without furder to deliver up the keyes of the said house, The Supplicant made no other returne, That it might be delayed to the nixt day, That he accquanted the rest of the members of the sessione Notwithstanding quherof without any other offence, or provocation quhatsomever The said Patrick Hallyburtone most sumarly at his oun hand caused incarcerat the petitioner in the Tolbooth of the Cannogate wher he sill remaines prisoner, and as it is not usuall for any magistrat upon pretence of a Ryot to incarcerat any persone after sum sett that belonging properly to the constable of the quarter So heir uith all submission their was no Just ground for the baillie to have done the same seing the supplicant acted nothing in the affair bot quhat was Consequentiall to that trust reposed upon him by the remanent members of the sessione without desyring in the least to offend authoritie or to offer any thing that might seem Injurious to one that caried the Character of a Magistrat By doeing quherof it was humbly conceaved the said Patrick Hallyburtone has exceided the legall and Just bounds of that authoritie that is lodged in his person and is guilty of the wrongeous Imprisonment of the petitioners persone, Who is their majesties free leidge and who acted nothing that could give the baillie ane Just provocation to doe the samen And Therfor Humbly Craveing the saids Lords to take the premisses to their consideration and upon the grounds above represented, not only to ordaine the supplicant sumarly to be sett at libertie as being Injuriously Imprisoned Bot would Lykwayes Grant warrand to cite the said Patrick before them upon the forsaid account and to prevent such abuses for the futur would Discharge the magistrats of the Cannogat from such sumar and illegall procedur in tyme comeing and if ther ware any thing as to the point of Right that in the least might be pretended by the magistrats that this might be received to be determined by the Judge ordinar as accords of Law, as the petitione bears The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above James Dykes They heirby Ordaine the Magistrats of Edinburgh Baillies of the Cannogate and keeper of their Tolbooth to sett the said James at Libertie And Ordaines him to exhibit and deliver the keyes of the above manss to the Lord Provost of Edinburgh to Remaine in his hands untill the matter be legally determined.
1. NRS, PC2/24, 54r-54v.
1. NRS, PC2/24, 54r-54v.
D1692/5/15
D1692/5/152
Sederunt
Lord Chancelor: Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Viscount Tarbet; Viscount Stair; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Polwarth; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Blackbarony; Sir Thomas Livingston; Sir William Lockhart; Sir Patrick Murray
1. NRS, PC2/24, 53v.
2. NRS, PC2/24, 53v.
1. NRS, PC2/24, 53v.
2. NRS, PC2/24, 53v.
A1692/5/150
A1692/5/1501
Act
Anent the petition Given in to the Lords of there Majesties privie Councill be Kenneth Lord Seaforth Shewing That where the petitioner haveing been for some Considerable tyme pypast prisoner in the Castle of Edinburgh And now by the space of Fourteen moneths or thereby since his Liberation haveing been under Confynement within the toun of Edinburgh and suburbs thereof wherethrow and by the petitioners Long absence from his private effairs at home, His interest in the Countrie to his great prejudice he suffered extreamly And will Ineviteablie herm the petitioners Longer absence suffer dayly more and more For preventing whereof and for a present relaxation for some tyme from his present Confynement The petitioner in this exigence Is necessitate for this effect To Make this address to there Lordships Humbly Craveing that the saids Lords with regaird to the petitioners present Circumstances will be pleased to allow the petitioner the freedome for such a Competent tyme as yow shall think fitt, To retire home in this proper seasone of the year for setleing his private effairs there sieing he is willing to renew his former baill under the same penalty and Certificatione not only to returne at such tyme as the saids Lords of privie Councill shall appoint Bot Lykewayes to Live peaceably and quyetly and without any disturbance to the present government in the mean tyme As the said petitione bears The Saids Lords of there Majestyes privie Councill Haveing Considered this petition given in to them be the above Kenneth Earle of Sieforth They hereby allow the petitioner to repair to his oune2 home at any tyme after elapsing of the […] day of Junij next to come about his private affairs The petitioner alwayes befor extracting hereof Finding sufficient Cautione acted in the books of privie Councill that he shall Live peaceably under and with all submission to the government of there majestyes King William and Queen Mary And that he shall not act consult or contryve any thing in prejudice thereof And that he shall not Converse Nor Correspond with any rebells And that he shall appear befor the saids Lords of privie Councill when called under the penalty of Tuo Thousand pound sterling Contained in his former bond In case he shall transgress in any pairt of the premises.
1. PC1/48, 220.
2. The word ‘house’ scored out here.
1. PC1/48, 220.
A1692/5/149
A1692/5/1491
Order
The Lords of there Majestyes privie Councill Considering that this Kingdome in the present exigencie doeth and hereafter may stand in nead of amunitione and armes of severall sorts doe therefore recomend to the Lords Commissioners of there majestyes theasurie To Call for such merchands as aither voluntarly offer or are content to engadge to transport armes and amunition into this Kingdome as there Lordships shall think fitt The merchands alwayes Engadgeing that the same shall not be disposed of, but for the service of there majestyes and the Natione by order of the Lords of Councill or theasury And Recomends to the Lord High Chancellor or the saids Lords Commissioners to wreitt to the Queens majesty and the secretary of state That some armes and amunition may be transported from England out of the magazines there into this Kingdome for the present Exigence untill sufficient quantityes may be hade from other places abroad And Further recomends to the saids Lords Commissioners to Consider the proposeall made to there Lords of the theasury by Captain Sletzer Captain of the Artilery Company anent the dressing and makeing fitt for service the old armes presently within this Kingdome and the makeing of new ones and to give orders to the said Captain with all speed to dress and putt in case the old armes and to make such quantityes of new ones as there Lordships from tyme to tyme shall find there majestyes service and the Conditione of the natione to stand in nead off
1. PC1/48, 219.
1. PC1/48, 219.
A1692/5/148
A1692/5/1481
Letter: royal
A Letter from the Councill to the2 Queens majestie Giveing accompt of the Councills care for the security of this natione and putting the same in a posture of defence againest any Invasione or Insurrectione And of severall addresses from shyres and burghes to there majestyes read votted and approven and recomended to the Lord High Chancellour to transmitt the same by a fleeing pacquett to the secretarie of state with the originall Addresses and printed Coppies of proclamations Mentioned in the said Letter to be by the secretary Communicated to her Royall Majestie at her majestyes Conveniencie off the which Letter the tenor followes May it please your Majesty Upon the apprehensiones of ane Invasione signifyed to us at your majestyes Comand by mr Johnstoun secretarie of state wee have mett frequently and almost everie day and called together the wholl standing forces within this Kingdome (Except Colonell Hills regiment at Fort William out of which detachments are made to Innerness and all the other Castles and houses which are garisoned for keeping the Highlands in quyet) and brought them about Edinburgh, Intending next week to Encamp them not farr from thence, Wee are also putting the Kingdome in the best posture of defence we can as is more fully exprest in tuo proclamationes sent to the secretary And being Informed that severall preachers in meeting houses did not pray for the King and your majestie wee have Issued a proclamation sent to the secretarie Commanding the magistrats to make tryall thereof and have banished severalls of them out of the Citie of Edinburgh who would not give assureance to pray for the future wee have used all diligence possible to find out any designe, ill affected people might have hade for disturbing the peace and quyett of the Kingdome And finding that a Considerable Number of horses hade been bought up and brought in from England and upon seasing of some suspected persones not being able to make any great discovery wee have been necessitate to secure the horses and armes of papists and of such as were under baill for there appearance, in severall shyres and have ordered it to be done in more And have caused charge themselves and there baills to appear befor the Councill according as they are bound by there bonds Upon ane order from the King wee did seize my Lord Sieforth who haveing Escaped that very night from the guard out of his Lodgings we have retaken him and he is now in the castle of Edinburgh Closs prisoner, wee ordered the Earle of Pearth to reenter the Castle of Stirling and accordingly he is entered And have transmitted Naval Pain to the Castle of Blackness where he is to be Closs prisoner for some tyme. There hes been severall addresses to the King and your majesties presented to us from your Cities of Edinburgh and Glasgow and the toun of Paislay And from the shyres of Lanerk and Renfrew which we have transmitted to the secretary to be showen your majesty This being a full accompt of our actings wee hope it may be acceptable to your majestie with our sincere and heartie offers of our outmost endeavours upon this and all other occasions to serve the King and your majesty faithfully as is the duety of. Your majesties most humble most faithfull and most obedient subjects and servants sic subscribitur Tweeddale Cancel: Queensberrie Douglas Drumlanrig Linlithgow Lothian Forfar Breadalban Tarbatt Stair Beilhaven Archibald Murray Thomas Livingston William Lockhart Patrick Murrray
1. PC1/48, 218-19.
2. The words ‘Councill to the’ inserted above the line.
1. PC1/48, 218-19.
A1692/5/147
A1692/5/1471
Decreet
Anent the Lybell or Complaint Raised befor the Lords of there majesties privie Councill at the instance of Sir William Lockhart there majesties sollicitor for there highnes interest in the matter under wreitten mentioneing That where by the Canon Law and by the Lawes and acts of parliament of this and everie well governed natione, The ouneing acknowledging or wishing well to any other persone as King then he who is established by Law, and the forceing the Leedges to doe or quarrelling them for not doeing acts Contrarie to there Inclinations and the Lawes of the Land and the appealling and stirring up any persone to Combatt And the assaulting Invading beatting or wounding any of there majesties subjects Especially upon the high streets of Edinburgh And when the forsaid persones Comitters thereof are bound and under baill to the peace by obleidgement or promise to the saids Lords of Councill are Crymes of ane high Nature and most severely punisheable And particularly by ane act of the meeting of the Estates of this Kingdome daited the thretteint day of Apryll Jaj vjc and Eightie nyne All the Leedges are prohibited and discharged upon there highest perrill to oune or acknowledge the Late King James as there King And by ane act of the present Current parliament daitted the Seventeenth day of Junij Jaj vjc and Eightie Nyne Recognizeing there majesties authority Its declared high treasone in any of the subjects of this Kingdome by wreitting speaking or any other maner of way to quarrell or Impugne there majesties authority right and title to the Croun Yet nevertheless it is of verity that Doctor Charles Oliphant sone to Charles Oliphant of Langtoun and David Robertsone ventner in Edinburgh shakeing off all fear of God and the Just obedience and alleadgeance they owe to there majestyes, there government authority and Lawes Being upon the sixteent day of Maij Current or ane or other of the dayes of the said moneth Conveened with Mr Archibald Sinclair advocat, Mr Simeon Mckenzie nephew to the deceist Sir George Mckenzie of Rosehaugh Mr David Dickson doctor of Medicine and Robert Clerk Chirurgeon apothecary in Edinburgh in the house of the said David Robertson Mr Archibald Sinclair did drink the Kings health And when it came to be drunk by the said Doctor Charles Oliphant he did most unduetyfully and disloyally say That the Kings health might be Drunk in ane equivocall sense and accordingly he did drink it in that sense And the health comeing to Doctor Dickson, He said he would drink it in ane univocall sense and thereupon named the health of King William, upon which the said Doctor Oliphant rose up, and fell into ane extraordinarie fitt of passione And swore By God he would not drink it, And called Doctor Dickson Impertinent for particularizing such a health And thereupon did utter thir words That it wes ane affront to him and severall other words and expressiones which did Import ane appeall and signifyed ane designed revenge upon which the Company did interpose and they being upon there feet made them sitt doun And Imediatly thereafter the said David Robertson did take up the glass And to shew his disaffection to there saids majestyes and there government and contrary to the due alleadgeance he owes to the same did drink King James’s health and said when the Kings health wes by him drunk in his house he alwayes meaned King James To which Doctor Oliphant said It was King James his health And he would see it goe round And thereupon Doctor Dicksone haveing taken the Company witnes of such ane Insolent Contempt of there majesties Lawes and government Left them And albeit upon dilatione of the matter to the Lords of privie Councill And in order to secure the persones Charles Oliphant father to the said Doctor Oliphant did promise and obleidge himself to present his sone And that in the mean tyme he should keep the peace Yet to show the rancor and malice of his heart againest the said Doctor Dicksone for drinking there majesties healths upon the day thereafter being the seventeint of maij betuixt Eight and Nyne acloack at night he did in a furious maner Come out of a Coatch and assualt and rune upon the said Doctor Dicksone and beatt him upon the Face, and turne about his nose and Call him villaine and rascall In manifest contempt of there majestyes there authority and Lawes Whereby the said Doctor Charles Oliphant and David Robertsone are guilty of most treasonable and seditious practices and ane high and manifest ryott and breach of the peace and Lawes of the Kingdome and aught and should be exemplarly punished in there persones and goods to the terror of others to Committ the Lyke in tyme comeing And Anent the Charge Given to the saids Doctor Charles Oliphant and David Robertson To have Compeared befor the saids Lords of there majesties privie Councill To ansuer to the points of the above Lybell upon the tuentyeth day of maij Instant and to hear and see such order and course taken there anent as appertaines under the pain of rebellione and putting of them to the horne With Certificatione to them If they failzied There majestyes other Letters would be direct simpliciter for putting them thereto As the said Lybell and executiones thereof bears. Which Being Called In presence of the saids Lords of privie Councill upon the said tuentieth day of maij Instant And there majesties sollicitor being present with Mr Hugh Dalrymple advocat as persuer and the defenders personallie present being brought from prisone to the barr The saids Lords of there majesties privie Councill Finds the Lybell relevant and admitts the same to probatione And the witnesses being called and Compearing and Except Mr Simon Mckenzie and Captain […] Muir Granted farder diligence againest the said tuo absent witnesses And the witnesses present haveing made faith except Doctor Dicksone Remitted to the Lords Fountainhall and Enstruther to examine all the witnesses Except the said Doctor. And the saids Lords of privie Councill haveing this day Considered the above Lybell with the depositiones of the witnesses adduced for proveing thereof They Find him In the soume of Ane Hundreth pounds sterling and ordaines him to pay the same to Sir Patrick Murray Collector of there majesties Croun rents And appoints him to be detained prisoner in the tolbooth of Edinburgh till the same be payed And Lykewayes Finds the Lybell proven againest the said David Robertsone And therefore Fynes him in the soume of Fiftie pounds sterling and ordaines him to make payment thereof to the said Sir Patrick Murray And appoints him to remaine prisoner in the tolbooth of Edinburgh untill he make payment of the same And for such tyme therefter as the saids Lords Lords2 shall think fitt And ordaines both the saids defenders instantly to find sufficient Cautione acted in the books of privie Councill That they shall keep the peace And on nowayes disturb the same And particularly that Doctor David Dicksone his wyfe bairnes tennents and servants shall be harmeles and skaithles of the saids defenders there wyves bairnes tennents and servants And on nowayes troubled or molested by them or there forsaids Nor by none others of there Causing sending out Comand resett assistance or ratihabitione whom they may stopt or Lett directly or Indirectly under the penalty of Tuo Hundreth pound sterling a piece And the saids Lords gives order and warrand to the Clerks of privie Councill In whose hands the keyes of the said David Robertsone his Cellars and Severall roumes of his duelling house or Inn’s which were seized by order of Councill, are now Lyeing To redelyver and give back the saids keyes And ordaines Letters of horning on six dayes and others nead full to pass hereon as effeirs
1. PC1/48, 215-18.
2. Sic.
1. PC1/48, 215-18.
A1692/5/146
A1692/5/1461
Act
Anent the petitione Given in to the Lords of there Majestyes privie Councill be the magistrats and Councill of the Citie of Glasgow for themselves and there Inhabitants Shewing That where by ane former address to the King and Queens majesties presented to the Councill The petitioners freely offered there Lyves and fortunes for there majesties service againest the threattened Invasione In order whereunto They have Not only drawen furth and mustered there fencible men Bot have also resolved to make up a regiment of foot whom they will mantaine and pay weekly dureing the apprehensiones of this Invasione That they may be in readines to march as the Councill shall please to order them and that without prejudice to the bringing furth of the rest of the fencible men In case of Imminent danger For the better performance whereof The petitioners humbly represent to, and demand of the Councill First That they may have there allowance for the raising and modelling of the said regiment with the assistance of one of the tuo Independent Companyes ordered for Clidsdaill as Sir Thomas Livingstoun Comander in cheif of there majestyes forces within this Kingdome shall appoint And that for the raising of the said regiment The petitioners may have Joyned to there Citie for this tyme only the tuo paroches of the barrony of Glasgow and Govan that Include there suburbs And that with the consent of the shyre And Secondly that Conforme to the act of Conventione produced such of there resideing burgesses as are heretors of the shyre and muster and Joyne with the petitioners in the service may be excused from there personall attendance at the randezvouze of the shyre Thirdly That such heretors of the shyre as are resideing burgesses in that Citie and shall not take the Engadgement Conforme to the proclamation shall be obleidged to delyver up to them the horses with there furniture and armes In maner therein specified If the shyre shall omitt to take them from them And Fourthly That sieing upon the Late search which the petitioners made by the Councills warrand There wes not above Tuo Hundreth pound weight of pouder found in the place And that there may be also upon occasione some want of armes The Councill would be pleased to appoint a certain quantity of pouder to be Laid up with them in magazine To be made use of or restored again as the event may happen And lykewayes that the petitioners may have such allowance of armes as the Commandant shall find needfull upon security for restoreing the samen And therefor humbly Craveing that the saids Lords would be Graciously pleased to grant and accord to the petitioners the premisses As the said petitione bears Which being read in presence of the saids Lords of privie Councill They by there delyverance of the date the Tuentieth of Maij Instant doe remitt to a Comittee of there oune number to consider how the particulars Craved in the above petitione might be granted and to report to the Councill And the said Comittee haveing mett and made there report The saids Lords of there majesties privie Councill Doe hereby authorize the Citie of Glasgow to Levie ane regiment and arme the Six Hundreth Men, mentioned in there Instructiones from the proveist of Glasgow and to name there officers And grants warrand to the said Sir Thomas Livingstoun to send one of the Independent Companyes to Glasgow And the Lords doe hereby exeem these in the Citie who have Estates in the Countrey from randezvouzing with the heretors of the shyre And appoints the magistrates of Glasgow to offer them the Engadgement And if they accept it not the oath of alleadgeance and assureance in the same way as is appointed by the Late proclamatione for the shyre and in case of there refuseall to seize upon there horses and armes And allowes the tuo paroches viz the barrony of Glasgow and Govan to be Joyned to the Citie of Glasgow for this tyme provydeing that the Commissioners of the shyre doe consent as the toun hes desyred and Recomends to the Lords Commissioners of the theasurie to give them what assistance they can for armes and amunition But because that is uncertain that they doe the best they can, to provyde themselves, the magazine being verie Emptie.
1. PC1/48, 213-15.
1. PC1/48, 213-15.
A1692/5/145
A1692/5/1451
Procedure
The Lords of there majesties privie Councill Doe hereby Recomend to the Lord Raith Theasurer deput, The Lord Cardross and Sir William Lockhart to Examine John Hacquett suspected to be a priest and now prisoner in the tolbooth of Edinburgh anent the pass produced be the said John How he came by the said pass and anent what Imployment he hes been or at present is in.
1. PC1/48, 213.
1. PC1/48, 213.