Procedure, 22 December 1692, Edinburgh

Edinburgh the Twentie two day of December Jaj vjc nyntie two years

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Procedure

[Additions to committee concerning Margaret Rasper]

The Earls of Forfar and Brodalbine added to the Committie Margrat Rasper against the Viscount of Kenmuir.

Edinburgh the Twentie two day of December Jaj vjc nyntie two years

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Procedure

[Additions to committee concerning Margaret Rasper]

The Earls of Forfar and Brodalbine added to the Committie Margrat Rasper against the Viscount of Kenmuir.

1. NRS, PC2/24, 144v.

1. NRS, PC2/24, 144v.

Procedure: report, 22 December 1692, Edinburgh

Edinburgh the Twentie two day of December Jaj vjc nyntie two years

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Procedure: report

[Report Dalgardno and Jamison]

Report of the Committie anent Dalgardno and Jamison read, And Remitts to the Committie to Speak with the patron and indeavor to setle this matter And in caise of deficultie to Report.

Edinburgh the Twentie two day of December Jaj vjc nyntie two years

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Procedure: report

[Report Dalgardno and Jamison]

Report of the Committie anent Dalgardno and Jamison read, And Remitts to the Committie to Speak with the patron and indeavor to setle this matter And in caise of deficultie to Report.

1. NRS, PC2/24, 144v.

1. NRS, PC2/24, 144v.

Warrant, 22 December 1692, Edinburgh

Edinburgh the Twentie two day of December Jaj vjc nyntie two years

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Warrant

Warrand for new letters Cockburne Against Cuninghame

The Lord of their majesties privy Councill Doe heirby allow the Clerks of Privy Councill to give out new letters at the instance of Sir Archibald Cockburne of Langtoune against Coll Cuninghame in the termes of the former and appoints the day of Compeirance in the new letters to be the Twentie nynth day of December nixt to come both for parties and witnesses In Respect the day of Compeirance in the former letters is elapsed.

Edinburgh the Twentie two day of December Jaj vjc nyntie two years

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Warrant

Warrand for new letters Cockburne Against Cuninghame

The Lord of their majesties privy Councill Doe heirby allow the Clerks of Privy Councill to give out new letters at the instance of Sir Archibald Cockburne of Langtoune against Coll Cuninghame in the termes of the former and appoints the day of Compeirance in the new letters to be the Twentie nynth day of December nixt to come both for parties and witnesses In Respect the day of Compeirance in the former letters is elapsed.

1. NRS, PC2/24, 144r-144v.

1. NRS, PC2/24, 144r-144v.

Sederunt, 22 December 1692, Edinburgh

Edinburgh the Twentie two day of December Jaj vjc nyntie two years1

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Sederunt

Lord Chancelor; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith Thesr dept; Lord Cardross; Lord Carmicheall; Sir James Stewart Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Grant; Laird of Blackbarony; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

Edinburgh the Twentie two day of December Jaj vjc nyntie two years1

D1692/12/182

Sederunt

Lord Chancelor; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith Thesr dept; Lord Cardross; Lord Carmicheall; Sir James Stewart Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Grant; Laird of Blackbarony; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 144r.

2. NRS, PC2/24, 144r.

1. NRS, PC2/24, 144r.

2. NRS, PC2/24, 144r.

Commission by the council, 22 December 1692, Edinburgh

Att Edinburgh the Tuenty Second Day off December Jaj vjc nyntie tuo years

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Commission by the council

Commission Thomas Bruce to be muster maister generall

The Commission underwreitten In favours of Thomas Bruce efterdesigned being read in Councill wes ordered to be recorded in there books And the said Thomas Bruce being called in Did swear and signe the oath of alleadgeance And signed the assureance to there majesties conforme to the act of parliament And the Lord High Chancellour did administer to him the oath de fideli off which Commissione the tenor followes2

At Edinburgh 22 December 1692

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Commission by the council

Commission to Thomas Bruce to be muster master general

The commission underwritten in favour of Thomas Bruce after designated, being read in council, was ordered to be recorded in their books and the said Thomas Bruce being called in did swear and sign the oath of allegiance and signed the assurance to their majesties according to the act of parliament, and the lord high chancellor did administer to him the oath de fideli, of which commission the tenor follows2

1. PC1/48, 526.

2. The rest of this and the following page (527) are blank.

1. PC1/48, 526.

2. The rest of this and the following page (527) are blank.

Act, 22 December 1692, Edinburgh

Att Edinburgh the Tuenty Second Day off December Jaj vjc nyntie tuo years

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Act

Act anent recruitts out of Garisones

Forasmuch as By a letter under His Majesties Royall Hand direct to the Lords of privie Councill daited the Eight day of September Last And ane other Letter from the Maister of Stair secretarie of state By His majesties Command to Colonell Richard Cunninghame of the date seventeinth day of november Last Recruitts are appoynted to be made out of the scotts forces presently within this Kingdome For recruitting there Majesties troops in Flanders the saids Lords of there Majesties privie Councill Considdering it may conduce for there majesties service that proportionall recruitts be taken out of the severall garisones in this Kingdome Doe hereby appoynt and authorize the said Collonell Cuninghame to see the respective numbers of men fairly drawen out of the Garisones efter named for Recruitts viz out of the Bass Seven men And out of the Garisones of the Castles of Edinburgh and Stirling Fourtie Eight men for each of these garisones a piece And the maner of drawing to be By putting the names of each garisone into hatts And so drawing out the respective numbers above appoynted And appoynts the Governours Leivetennent Governours And in ther absence the next Commanding officers of these garisones to allow the souldiers who shall be drawen out as said there Cloathes which they now wear or other Sufficient warme cloathes at sight of the said Collonel Cuninghame And to send without armes the haill detachments forsaids with such number of officers and souldiers as they at sight of the said Colonell Cuninghame shall think fitt to Conduct them And appoints these officers and souldiers to Conduct the saids detatchments to the port and road of Leith or any other port or road within the river of Forth At such tyme or tymes as shall be appointed be the said Colonell Cuninghame after he hes Concerted the same with the officers who are to receave them And appoints them to delyver the saids detachments or recruitts at the saids ports or harbors to the officers who are sent over for them And ordaines these officers to pay seven dollars for each of the men they receave to the saids Governours Leivetennent Governours or other Comanding officers2 of the saids Garisones who shall delyver the saids men to them And appoints the said governours Leivetennent governours or other officers of the saids garisones to Compleat there garisones within tuo moneths after delyverie of these men at the ports or harbors forsaids And declares that the officers who conduct the saids detatchments or recruitts shall be Comptable to delyver the haill number and Individuall persones which they shall receave to the officers who are sent over for them And ordaines all shirreffs of shyres stewarts of stewartries Bailzies of Bailzieris magistrats of Burghes Royall and other ministers of the Law whatsomever within this kingdome To be aiding and assisting unto the saids officers In Conducting the saids Recruitts and furnishing them quarters and other necessaries at reasonable rates upon payment of readie money And appoints the said Collonell Cuninghame to make exact rolls of the Souldiers of each garisone who shall be taken out as said is That the Individuall men may be delyvered at the places appoynted And appoints the Colonell to Intimate this act to the Governours Leivetennent Governours and other officers forsaids of the saids Garisones That the same may receave punctuall obedience And appoynts the said Collonell Cuninghame to Call the officers who are come from Flanders And know from them how the recruitts which are to be taken out of the respective garisones forsaids are to be divyded and proportioned amongst these officers and how soon these recruitts are to be in readiness for shipping.

At Edinburgh 22 December 1692

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Act

Act regarding recruits out of garrison

Forasmuch as by a letter under his majesty’s royal hand directed to the lords of privy council dated 8 September last and another letter from [John Dalrymple], master of Stair, secretary of state by his majesty’s command to Colonel Richard Cunningham of 17 November last, recruits are appointed to be made out of the Scots forces presently within this kingdom for recruiting their majesties’ troops in Flanders, the said lords of their majesties’ privy council considering it may conduce for their majesties’ service that proportional recruits be taken out of the several garrisons in this kingdom, hereby appoint and authorise the said Colonel Cunningham to see the respective numbers of men fairly drawn out of the garrisons after-named for recruits, viz: out of the Bass Rock, seven men; and out of the garrisons of the castles of Edinburgh and Stirling, 48 men for each of those garrisons; and the manner of drawing to be by putting the names of each garrison into hats and so drawing out the respective numbers above appointed; and they appoint the governors, lieutenant governors and in their absence the next commanding officers of those garrisons to allow the soldiers who shall be drawn out their clothes which they now wear or other sufficient warm clothes at the sight of the said Colonel Cunningham, and to send without arms the whole foresaid detachments with such number of officers and soldiers as they at sight of the said Colonel Cunningham shall think fit to conduct them; and they appoint those officers and soldiers to conduct the said detachments to the port and road of Leith or any other port or road within the river of Forth at such time or times as shall be appointed by the said Colonel Cunningham after he has agreed the same with the officers who are to receive them; and they appoint them to deliver the said detachments or recruits at the said ports or harbours to the officers who are sent over for them; and thy ordain these officers to pay seven dollars for each of the men they receive to the said governors, lieutenant governors or other commanding officers of the said garrisons who shall deliver the said men to them; and they appoint the said governors, lieutenant governors or other officers of the said garrisons to complete their garrison within two months after delivery of those men at the ports or harbours foresaid; and they declare that the officers who conduct the said detachments or recruits shall be accountable to deliver the whole number and individual persons which they shall receive to the officers who are sent over for them; and they ordain all sheriffs of shires, stewarts of stewartries, bailies of bailiaries, magistrates of royal burghs and other ministers of the law whatsoever within this kingdom to aid and assist the said officers in conducting the said recruits and furnishing them quarters and other necessities at reasonable rates upon payment of ready money; and they appoint the said Colonel Cunningham to make exact rolls of the soldiers of each garrison who shall be taken out so that the individual men may be delivered at the places appointed; and they appoint the colonel to intimate this act to the governors, lieutenant governors and other officers of the said garrisons that the same may receive punctual obedience; and they appoint the said Colonel Cunningham to call the officers who are come from Flanders and know from them how the recruits which are to be taken out of the respective garrisons are to be divided and proportioned amongst those officers and how soon these recruits are to be in readiness for shipping.

1. PC1/48, 525-6.

2. Word ‘within’ scored out here.

1. PC1/48, 525-6.

Decreet, 22 December 1692, Edinburgh

Att Edinburgh the Tuenty Second Day off December Jaj vjc nyntie tuo years

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Decreet

Interloquitor anent Judges not qualifyed by Law

The lords of there Majesties privie Councill haveing Considered the report of the Committee anent Judges who have qualifyed themselves according to Law They Find that the shirreffships of Dumbartoun Banff and Clackmannan are vacant and accords to signifie the same to His majestie whensoever they shall wreitt to him That His majestie whensoever they shall wreitt to him That His majesties pleasure may be knowen how these offices shall be Supplyed And by whom And Finds that the shirreff of Bute hes not qualifyed himself But2 Being Informed that he hes refused his shirreffship In favours of Boyll of Kelburne They appoint them both to be Cited and Finds that the Earle of Callender shirreff principall of Stirling and water Balzie of Forth did not qualifie himself But being informed That he is presently dead They superceed to determine in these offices untill they get farder Informatione who will represent him And Finds that the Marqueis of Atholl shirreff principall of Perth And he and the Lord Murray his Sone Stewarts principall of Falkland have not qualified themselves And therefor appoints them to be cited And Finds the Earle of Murray stewart principall of Monteath And the Earle of Perth stewart principall of Strathearne have not qualifyed themselves And that they being both papists The saids offices are vacant and declares they will acquaint the King anent the suppleeing of these offices And appoints the Earle of Annandale his name to be delite out of the report as being out of the Countrie the tyme and haveing taken the oath of alleadgeance and Finds that Sir Hugh Campbell of Calder shirreff of Nairne hes not qualifyed himself And appoints him to be cited And appoints the pairt of that report anent the shirreff of Fyff to be delite because the Countess of Rothess hade resigned to her Sone in the late Government And the tutors have duely qualifyed themselves And Finds that Sir William Bruce Shirreff of Kinross And the Earle of Southesque shirreff of Forfar have not qualifyed themselves And appoints them to be cited And Finds the Earle of Nithsdaill stewart principall of Kirkcudbright hes not qualifyed himself and Because it is Informed that he is minor and popish Therefore they recomend to the Lord Carmichaell and Sir John Maxwell of Pollock to Informe themselves who are tutors and Curators to the said Earle and who are the dyetts exerceing for him And Finds that Cochran of Barchalaw is not qualifyed And Finds that the Earle of Lauderdaill Bailzie of the Balzierie of Lauder is not qualifyed and is popish And declares they will signify the same to the King when they wreit to his Majestie That the saids offices are vacant and recomends to there Majesties advocat to raise Letters against the persones appoynted to be Citted Conforme to the act of parliament and proclamatione of Councill, And to the sollicitor to cause execute the Same.

At Edinburgh 22 December 1692

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Decreet

Interlocutor concerning judges not qualified by law

The lords of their majesties’ privy council, having considered the report of the committee on Judges who have qualified themselves according to law, find that the sheriffships of Dumbarton, Banff and Clackmannan are vacant and they agree to signify the same to his majesty whenever they shall write to him so that his majesty’s pleasure may be known how those offices shall be supplied and by whom; and they find that the sheriff of Bute has not qualified himself but being informed that he has refused his sheriffship in favour of [David] Boyle of Kelburn, they appoint them both to be cited; and they find that [Alexander Livingston] earl of Callendar, sheriff principal of Stirling and water bailie of the Forth did not qualify himself, but being informed that he is presently dead, they supercede to determine in these offices until they get further information of who will represent him; and they find that [John Murray], marquess of Atholl, sheriff principal of Perth and he and [John], Lord Murray his son stewarts principal of Falkland, have not qualified themselves and therefore appoint them to be cited; and they find [Alexander Stewart], earl of Moray, stewart principal of Menteith and [James Drummond], earl of Perth, stewart principal of Strathearn have not qualified themselves, and that they being both Catholics, the said offices are vacant and they will acquaint the king regarding supplying these offices; and they appoint [William Johnstone], earl of Annandale’s name to be deleted from the report as being out of the country at the time and having taken the oath of allegiance; and they find that Sir Hugh Campbell of Cawdor, sheriff of Nairn, has not qualified himself, and they appoint him to be cited; and they appoint the part of that report regarding the sheriff of Fife to be deleted because [Margaret Leslie], countess of Rothes had resigned to her son in the late government, and the tutors have duly qualified themselves; and they find that Sir William Bruce, sheriff of Kinross and [Charles Carnegie], earl of Southesk, sheriff of Forfar, have not qualified themselves, and they appoint them to be cited; and they find [Robert Maxwell], earl of Nithsdale, stewart principal of Kirkcudbright, has not qualified himself and because they are informed that he is a minor and Catholic, they recommend to Lord Carmichael and Sir John Maxwell of Pollock to inform themselves who are tutors and curators to the said earl and who are the diets exercising for him; and they find that Cochrane of Barbachlaw is not qualified; and they find that [Richard Maitland], earl of Lauderdale, bailie of the bailiary of Lauder, is not qualified and is Catholic, and they declare they will signify the same to the king when they write to his majesty that the said offices are vacant, and recommend to their majesties’ advocate to raise letters against the persons appointed to be cited according to the act of parliament and proclamation of council, and to the solicitor to cause execute the same.

1. PC1/48, 524-5.

2. Word inserted above the line.

1. PC1/48, 524-5.

Decreet, 22 December 1692, Edinburgh

Att Edinburgh the Tuenty Second Day off December Jaj vjc nyntie tuo years

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Decreet

Sentence The Sollicitor against Hay Leslie and Midletoun ministers

The Lords of there Majesties privie Councill Haveing considered That In the Lybell or Complaint at the instance of there majesties sollicitor againest severall ministers in the shyre of Fyff not praying for there Majesties King William and Queen Mary Mr John Hay late Minister at Falkland Mr Alexander Leslie Late minister at Craill and Mr Patrick Midletoun Late minister at Leslie three of the defenders in the said Lybell Haveing compeared In presence of the Councill upon tuesday the tuentieth of December instant the tyme of the calling of the Lybell And being this day called to and compearing at the Councill barr And haveing upon this day and the former day acknowledged in face of Councill That they have preached since the act of parliament of the dait the tuenty tuo day of Jully Jaj vjc nyntie years (anent ministers that have not prayed for the King and Queen) And that in there prayers they have not prayed for there Majesties King William and Queen Mary and have prayed only in general termes The Saids Lords of privie Councill hereby discharge the saids three ministers at any tyme hereafter to preach or exercise any pairt of there Ministeriall funcione aither in Churches or meeting houses or any other places whatsomever untill they qualifie themselves in the termes of the2 act of parliament with Certificatione if they faill in Giveing punctuall obedience hereto The paines and punishments Contained in the Lawes and acts of parliament shall be Inflicted againest them without favour or further delay And Continues Mr Alexander Lundie late minister at Couper untill the next Councill day That probatione may be concluded againest him.

At Edinburgh 22 December 1692

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Decreet

Sentence: the solicitor against Hay, Leslie and Middleton, ministers

The lords of their majesties’ privy council, having considered that in the libel or complaint at the instance of their majesties’ solicitor against several ministers in the shire of Fife not praying for their majesties King William and Queen Mary, Mr John Hay, late minister at Falkland, Mr Alexander Leslie, late minister at Crail, and Mr Patrick Middleton, late minister at Leslie, three of the defenders in the said libel having appeared in presence of the council on Tuesday 20 December instant at the time of the calling of the libel, and being this day called to and appearing at the council bar and having upon this day and the former day acknowledged in face of council that they have preached since the act of parliament of 22 July 1690 (concerning ministers that have not prayed for the king and queen), and that in their prayers they have not prayed for their majesties King William and Queen Mary and have prayed only in general terms, the said lords of privy council hereby discharge the said three ministers at any time hereafter to preach or exercise any part of their ministerial function either in churches or meeting houses or any other places whatsoever until they qualify themselves in the terms of the act of parliament, with certification that if they fail in giving punctual obedience hereto, the pains and punishments contained in the laws and acts of parliament shall be inflicted against them without favour or further delay; and continues Mr Alexander Lundie, late minister at Cupar, until the next council day so that probation may be concluded against him.

1. PC1/48, 523-4.

2. Word ‘said’ scored out here.

1. PC1/48, 523-4.

Decreet, 22 December 1692, Edinburgh

Att Edinburgh the Tuenty Second Day off December Jaj vjc nyntie tuo years

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Decreet

Sentence There Majesties Sollicitor against Hay Lesly and Midletoun and Lundie ministers2

The Lybell at the Instance of there Majesties sollicitor Againest the ministers underwritten Being this day called In presence of the Lords of there majesties privie Councill And Mr John Hay minister at Falkland Mr Alexander Leslie and Mr Alexander Lundie Late minister at Couper Compearing personallie And Robert Foord taylor in Coupar in Coupar3 and Alexander Smellone merchand in Kirkaldie tuo of the witnesses adduced for proveing of the said Lybell Haveing Compeared personally at the barr And made faith The Saids Lords of there Majesties privie Councill doe hereby nominate and appoynt the Lord Justice Clerk and Sir John Maxwell of Pollock to be a Comittee for examining the saids witnesses And reserves any objectione to be made againest the Uitnesses to be proponed and discussed befor the said Comittee And ordaines Letters of farder diligence by caption to be direct againest David Newlands in St Andrews William Maces there Daniell Urquhart there Robert Hunter in Craiggorthie John Stirk in Donhead James Lockhart waitter in Kirkaldie and James Oswald merchand there witneses citted and not compearing in the said Lybell And excuses the absence of James Wilsone taylor in Coupar ane of the uitnesses cited and not Compearing In respect of a testificat produced befor the Councill of his Inability to travell without apparent hazard of his Lyfe under the hands of the minister and elders of Coupar And appoynts to be execute the […] day of […]

At Edinburgh 22 December 1692

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Decreet

Sentence: their majesties’ solicitor against Hay, Leslie, Middleton and Lundie, ministers2

The libel at the instance of their majesties’ solicitor against the ministers underwritten being this day called in presence of the lords of their majesties’ privy council and Mr John Hay, minister at Falkland, Mr Alexander Leslie and Mr Alexander Lundie, late minister at Cupar, appearing personally, and Robert Ford, tailor in Cupar, and Alexander Smellon, merchant in Kirkcaldy, two of the witnesses adduced for proving of the said libel, having appeared personally at the bar and made faith, the said lords of their majesties’ privy council hereby nominate and appoint the lord justice clerk and Sir John Maxwell of Pollock to be a committee for examining the said witnesses, and they reserve any objection to be made against the witnesses to be proponed and discussed before the said committee, and they ordain letters of further diligence by caption to be directed against David Newlands in St Andrews, William Maces there, Daniel Urquhart there, Robert Hunter in Craigrothie, John Stirk in Donhead, James Lockhart, waiter in Kirkcaldy, and James Oswald, merchant there, witnesses cited and not appearing in the said libel and excuses the absence of James Wilson, tailor in Cupar, one of the witnesses cited and not appearing in respect of a certificate produced before the council of his inability to travel without apparent hazard of his life under the hands of the minister and elders of Cupar, and they appoints it to be executed on the […] day of […].

1. PC1/48, 523.

2. In the margin beneath this: ‘Nota This Interloquitor is booked wrong throw ane mistake but the right Interloquitor is afterwards worked upon this syde.’

3. Sic.

1. PC1/48, 523.

2. In the margin beneath this: ‘Note this interlocutor is booked wrongly through a mistake but the right interlocutor is afterwards worked upon this side.’

Sederunt, 22 December 1692, Edinburgh

Att Edinburgh the Tuenty Second Day off December Jaj vjc nyntie tuo years1

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Sederunt

Lord Chancellour; Earl of Louthian; Earl of Leven; Earl of Forfar; Earl of Breadalbaine; Viscount Tarbatt; Lord Raith; Lord Cardross; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Hattoun; Lord Fountainhall; Lord Enstruther; Laird of Grant; Laird of Blackbarrony; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

At Edinburgh 22 December 16921

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Sederunt

[John Hay, earl of Tweeddale], lord chancellor; [Robert Kerr], earl of Lothian; [David Leslie], earl of Leven; [Archibald Douglas], earl of Forfar; [John Campbell], earl of Breadalbane; [George MacKenzie], Viscount Tarbat; [Alexander Melville], Lord Raith; [Henry Erskine], Lord Cardross; [John], Lord Carmichaell; [Sir James Stewart of Goodtrees], lord advocate; [Sir Adam Cockburn of Ormiston], lord justice clerk; [John Lauder], Lord Hatton; [John Lauder], Lord Fountainhall; [William Anstruther], Lord Anstruther; [Ludovic Grant], laird of Grant; [Sir Archibald Murray], laird of Blackbarony; [Sir Robert Pollock], laird of Pollock; Sir William Lockhart; Sir Patrick Murray.

1. PC1/48, 522.

2. PC1/48, 522.

1. PC1/48, 522.

2. PC1/48, 522.