Tag Archives: 23 March 1692

Act, 23 March 1692, Edinburgh

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Att Edinburgh the Tuenty Third day of March Jaj vjc and Nyntie tuo years

A1692/3/431

Act

Act2 against suspensions at the instance of the subcollectors of the hearthmoney3

Anent the petitione given in to the Lords of there Majestyes privie Councill be James Melvill of Cassengray Generall Collector of the hearth money Shewing That where by there Lordships last act anent the hearth money It wes ordained that the subcollectors should give in to the petitioner all the Lists of the hearths that they hade receaved and make Just compt and reckoning to the petitioner of there bygone Intromissiones And afterwards survey the haill hearths within there respective bounds The petitioner hes thereupon and upon there backbonds they granted Charged some of them and there Cautioners with horning To performe the obleidgments whereunto they are obleidged both by the said act and by there backbond to the petitioner And they refuse aither to Compt and Reckone Far Less to pay in any money they have receaved or to give in any Lists Except First the petitioner Condescend allow them there sallery and expenses and give up there oune and there Cautioners bond And thereupon hes actually suspended the petitioner befor the Lords of Sessione As Instruments taken thereupon and the Coppies of the bills of suspensione produced with the said petitione hes testifiyed so that the petitioner is in doubt what course to take both for the Kings service therein and for his oune exoneratione sieing he Cannot condescent upon there Sallerie Nor allow there expenses till he have there Lordships order and determinatione in the premisses which the said petitioner never hade as yet, altho they have more in there oune hand then will pay there sallery and expensses Nor can the petitioner give up the bond of Cautionrie till they not only pay all bygone Intromissiones Bot also Compleat the survey and payment Conforme And therefore Craveing4 that the saids Lords would be pleased to Consider the premisses And ordaine the subcollectors to give in there accompts and Lists conforme to the said act And which diligence they have alreadie used before there Lordships last act And Recomend to the Lords of Session that they suspend not in the subcollectors favours upon such grounds And that they remitt the suspensiones alreadie given to the saids Lords of privie Councill there consideratione 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 Melvill of Cassengray with the Instruments and Coppies of bills of suspension mentioned therein and produced therewith They hereby Recomend to the Lords of Councill and sessione That they pass no bills of suspensione of any charges given or to be given or to be given5 at the petitioners instance to the subcollectors of the hearth money upon the above act of Councill for giveing in Lists of the hearths and makeing payment of the money collected be them or upon there bonds of Cautionrie granted to him for that effect butt upon obedience only.

Att Edinburgh the Tuenty Third day of March Jaj vjc and Nyntie tuo years

A1692/3/431

Act

Act against suspensions at the instance of the subcollectors of the hearthmoney

Concerning the petition given in to the lords of their majesties’ privy council by James Melville of Cassingray, general collector of the hearth money, showing that whereby their lordships’ last act concerning the hearth money it was ordained that the subcollectors should give in to the petitioner all the lists of the hearths that they had received and make just account and reckoning to the petitioner of their bygone intromissions and afterwards survey the whole hearths within their respective bounds, the petitioner has thereupon, and upon their backbonds they granted, charged some of them and their cautioners with horning to perform the obligations whereunto they are obliged both by the said act and by their backbond to the petitioner, and they refuse either to account and reckon, far less to pay in any money they have received or to give in any lists except first the petitioner condescend to allow them their salary and expenses and give up their own and their cautioners’ bond, and thereupon has actually suspended the petitioner before the lords of session, as instruments taken thereupon and the copies of the bills of suspension produced with the said petition has testified, so that the petitioner is in doubt what course to take both for the king’s service therein and for his own exoneration seeing he cannot condescend upon their salary nor allow their expenses till he have their lordships’ order and determination in the premisses which the said petitioner never hade as yet, although they have more in their own hand than will pay their salary and expenses, nor can the petitioner give up the bond of caution till they not only pay all bygone intromissions but also complete the survey and payment accordingly, and therefore craving that the said lords would be pleased to consider the premisses and ordain the subcollectors to give in their accounts and lists according to the said act, and which diligence they have already used before their lordships’ last act and recommendation to the lords of session that they suspend not in the subcollectors’ favour upon such grounds and that they remit the suspensions already given to the said lords of privy council their consideration, 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 Melville of Cassingray with the instruments and copies of bills of suspension mentioned therein and produced therewith, they hereby recommend to the lords of council and session that they pass no bills of suspension of any charges given or to be given at the petitioner’s instance to the subcollectors of the hearth money upon the above act of council for giving in lists of the hearths and making payment of the money collected by them or upon their bonds of caution granted to him for that effect but upon obedience only.

1. PC1/48, 115-16.

2. The beginning of a word (‘dis’) is scored out here.

3. A mark appears in the margin, probably an early twentieth-century editorial mark.

4. The phrase ‘to the effect’ is scored out here.

5. Sic.

1. PC1/48, 115-16.

5. Sic.

Procedure: committee, 23 March 1692, Edinburgh

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Att Edinburgh the Tuenty Third day of March Jaj vjc and Nyntie tuo years

A1692/3/421

Procedure: committee

Comittee anent Sir Thomas Dalziell men taken on to be souldiers

Anent the petitione Given in to the Lords of there Majestyes privie Councill By Sir Thomas Dalziell off Binns Shewing That there Lordships were formerly pleased upon the Fyfteent of March instant to Give order to the governour of the Castle of Blackness to take tryall what persones in that castle were taken out of the petitioners ground by Captain Alexander Hamiltone of Grainge And to Call him and the petitioner and examine whether the men did take on willingly to goe to Flanders in there Majestyes service or if they were pressed and to report to there Lordships accordingly But befor the order went Captain Hamiltone hade taken away the man And hes him at present in the tolbooth of the Canongate or Leith where he is most unjustly detained And therefor Craveing that the saids Lords would give order and warrand to the keeper of the prisone where the man taken out of the petitioners Land shall be found to secure him there or send him to the tolbooth of Edinburgh And recomend to any one or mae of there Lordships number to hear the petitioner and the said Captain Hamiltone And If they find the man to have been unjustly pressed to allow them to sett him at Liberty or in case of difficulty to Report As the said petitione bears The saids Lords of there Majestyes privie Councill haveing Considered this petition given in to them be the above Sir Thomas Dalziell They hereby Recomend to the Laird of Grant and Sir Patrick Murray of Saltcoatts or aither of them To Call for the above Captain Hamiltone and the petitioners man and to examine and take tryall whether the said man be pressed or not And Lykewayes to call for such persones prisoners in the tolbooth of the Canongate As are by the Lord Chancellors order discharged to be Lett furth They pretending that they are pressed as souldiers againest there will without there consent And that they never engadged or took on And to call for the officers by whose orders these persones are Imprisoned And to examine and take tryall whether they have willingly taken or if they were pressed with power to the said Laird of Grant or Sir Patrick Murray or aither of them to give orders for setting at Liberty any such of the persones forsaids as they shall find Just and in case of difficultie that they report to the Councill befor any of the saids persones be Liberate And in the mean tyme discharges the Keepers of the tolbooths of Canongate and Leith or any other tolbooth wherein the petitioners man or other persones forsaids presently are, To suffer any of the saids persones to goe furth of the saids tolbooths or to delyver them to the officers or others Inputters of them without speciall warrand from the Lords of privie Councill or the said Laird of Grant and Sir Patrick Murray or aither of them given for that effect

Att Edinburgh the Tuenty Third day of March Jaj vjc and Nyntie tuo years

A1692/3/421

Procedure: committee

Committee concerning Sir Thomas Dalyell’s men taken on to be soldiers

Concerning the petition given in to the lords of their majesties’ privy council by Sir Thomas Dalyell of Binns showing that their lordships were formerly pleased upon the fifteenth of March instant to give order to the governor of the Castle of Blackness to take trial what persons in that castle were taken out of the petitioner’s ground by Captain Alexander Hamilton of Grange and to call him and the petitioner and examine whether the men did take on willingly to go to Flanders in their majesties’ service or if they were pressed and to report to their lordships accordingly. But, before the order went, Captain Hamilton had taken away the man and has him at present in the tolbooth of the Canongate or Leith where he is most unjustly detained, and therefore craving that the said lords would give order and warrant to the keeper of the prison where the man taken out of the petitioner’s land shall be found to secure him there or send him to the tolbooth of Edinburgh, and recommend to any one or more of their lordships’ number to hear the petitioner and the said Captain Hamilton, and if they find the man to have been unjustly pressed, to allow them to set him at liberty or in case of difficulty to report as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Sir Thomas Dalyell they hereby recommend to the laird of Grant and Sir Patrick Murray of Saltcoats or either of them to call for the above Captain Hamilton and the petitioner’s man and to examine and take trial whether the said man be pressed or not, and likewise to call for such persons, prisoners in the tolbooth of the Canongate, as are by the lord chancellor’s order discharged to be let furth, they pretending that they are pressed as soldiers against their will without their consent and that they never engaged or took on, and to call for the officers by whose orders these persons are imprisoned and to examine and take trial whether they have willingly taken or if they were pressed, with power to the said laird of Grant or Sir Patrick Murray or either of them to give orders for setting at liberty any such of the persons foresaid as they shall find just and in case of difficulty that they report to the council before any of the said persons be liberated, and in the meantime discharges the keepers of the tolbooths of Canongate and Leith or any other tolbooth wherein the petitioner’s man or other persons foresaid presently are, to suffer any of the said persons to go furth of the said tolbooths or to deliver them to the officers or others inputters of them without special warrant from the lords of privy council or the said laird of Grant and Sir Patrick Murray or either of them given for that effect.

1. PC1/48, 114-15.

1. PC1/48, 114-15.

Procedure: committee, 23 March 1692, Edinburgh

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Att Edinburgh the Tuenty Third day of March Jaj vjc and Nyntie tuo years

A1692/3/411

Procedure: committee

Comittee for secureing trade in the Firth againest the Rebells in the Bass

The Lords of there Majestyes privie Councill doe hereby Recomend to the Comittee formerly appointed for Considering how the vessells passing up and doun the Firth may be secured againest the Rebells in the Bass to proceed in the points alreadie recomended to them And Farder Recomends to the said Comittee to Consider what measures are to be followed for protecting of trade in the Forth and secureing the vessells tradeing therein from the said rebells and to use all legall means for restraining and suppressing the attempts of the said rebells with power to the said Comittee to Issue furth orders to Sir James Lesly Comander in cheiff (for the tyme) of there Majestyes forces within this kingdome in this matter And to take all such Legall courses therein as they shall find necessarie without necessity of acquanting the Councill from tyme to tyme with there procedure untill the busines be brought to perfection and readie for executione And Recomend to the Lords Commissioners of there majestyes Theasurie to give order to Sir Patrick Murray of Saltcoats to advance a full moneths pay to the boatmen and seamen and so much as will make up a moneths full pay to every souldier upon the Scotts establishment who shall be Imployed in doeing service againest the Bass and secureing the passadge in the Firth

Att Edinburgh the Tuenty Third day of March Jaj vjc and Nyntie tuo years

A1692/3/411

Procedure: committee

Committee for securing trade in the Firth against the rebels in the Bass

The lords of their majesties’ privy council hereby recommend to the committee formerly appointed for considering how the vessels passing up and down the Firth may be secured against the rebels in the Bass to proceed in the points already recommended to them, and further recommends to the said committee to consider what measures are to be followed for protecting of trade in the Forth and securing the vessels trading therein from the said rebels and to use all legal means for restraining and suppressing the attempts of the said rebels with power to the said committee to issue furth orders to Sir James Leslie, commander in chief (for the time) of their majesties’ forces within this kingdom in this matter and to take all such legal courses therein as they shall find necessary without necessity of acquainting the council from time to time with their procedure until the business be brought to perfection and ready for execution, and they recommend to the lords commissioners of their majesties’ treasury to give order to Sir Patrick Murray of Saltcoats to advance a full month’s pay to the boatmen and seamen and so much as will make up a month’s full pay to every soldier upon the Scots establishment who shall be employed in doing service against the Bass and securing the passage in the Firth.

1. PC1/48, 113-14.

1. PC1/48, 113-14.

Sederunt, 23 March 1692, Edinburgh

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Att Edinburgh the Tuenty Third day of March Jaj vjc and Nyntie tuo years1

A1692/3/402

Sederunt

The Lord Chancellor; Marquis of Douglas; Earle of Louthian; Earle of Leven; Viscount Stairs; Lord Hattoun; Lord Fountainhall; Lord Enstruther; Sir Patrick Murray

Att Edinburgh the Tuenty Third day of March Jaj vjc and Nyntie tuo years1

A1692/3/402

Sederunt

[John Hay, earl of Tweeddale] lord chancellor; [James Douglas] marquis of Douglas; [Robert Kerr] earl of Lothian; [David Leslie] earl of Leven; [James Dalrymple] Viscount Stair; [Sir John Lauder] Lord Hatton; [Sir Robert Lauder] Lord Fountainhall; [Sir William Anstruther] Lord Anstruther; Sir Patrick Murray.

1. PC1/48, 113.

2. PC1/48, 113

1. PC1/48, 113.

2. PC1/48, 113