Tag Archives: 24 July 1694

Decreet, 24 July 1694, Edinburgh

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Edinburgh The Twentie fourth day of Jully Jaj vjc nyntie four years

D1694/7/191

Decreet

Decreet of Suspension: Ladie Lethentie Against The Lady Glascloon

Anent the petition given in to the Lords of their majesties privy Councill be Euphan Blair relict of Mr George Blair of Lethendy and James Blair her sone Shewing That wher the petitioner haveing right to expured adjudicationes and reall rights affecting the lands of Glascloon quherof the true soumes farr exceid the value quhich are unquestionably preferrable to any pretence or clame Competent to Issobell Tyrie relict of James Blair of Gascloon, yet this unreasonable woman being exceiding Clamerous hath obtained severall soumes of money to be modified to her upon a pretence of a depending proces quherin as she sayes she will undoubtedly prevaill at last and ther being a late modification of four hundred merks in the vaccance on the old pretence, The petitioners did presant a bill of suspensione and got executione sisted till the thretein of June then2 instant Such was the said Issobell Tyries Importunity that she not only denunced and registrated the petitioners within the dayes of the sist but also prevailled to gett the sist removed before the dayes expyred without the petitioners knowledge without answer or allowing the petitioners procurators to be heard on the grounds therof. The petitioners humbly Conceive the saids Lords hade received some particular accompt and Impressione of the matter to which the petitioner hade no oppertunity to make answer And Therfore the petitioners intreat the saids Lords That they would be pleased to Consider the following reasones why no aliement can be allowed conforme to the lawes of this kingdome Primo as to the said James Blair he is neither persewer nor defender (3nor Concerned in any process with the said Isobell Tyrie the right of the lands standing intirely in the persone of his mother his oun estate being all sold for Payment of Issobell Tyries father and husbands Cautionries so that he may Confidently say that any of the saids Lords number or any in the natione might alse well be subjected to ane aliement as he, Its true the petitioner has the hope of successione to his mother But that can found no more against him dureing his mothers life then any other of his bretheren and Sisters: As to the said relict she is alse Litle Lyable in Law to any aliement Because she has produced ane proces before the Lords of sessione really and preferrable rights upon the saids lands and Irrideemable rights double exceeding the value which she was necessitate to acquyre for releiff of Cautionries payed by her husband and sone for Issobell Tyries father and husband and the said Issobell produces no reall right at all but the extract of ane lifrent sasine without ane warrand so qualified that if the warrand were produced It would make the petitioner preferable, But that being a point of right to be determined be the Lords of sessione she was not to trouble the saids Lords furder therwith then this that since ever Issobell Tyrie intented her proces she hath never advanced one step altho she hath got severall aliements on that pretence But by her Clamour and Tergiversatione has stoped the petitioners Improbatione Which she is pursueing for Cutting of her pretence Secundo 4 the saids Lords being Overwearied with her Importunity Did in november last Remitt her applicatione for ane aliement to the sessione before whom her proces was depending And the Lords Found no ground for ane aliement, But refused her petitione, as some of the saids Lords number who are upon the sessione knowes And Which petitione with the deliverance the petitioner put in the Clerks of Councills hand yet she obtained ane aliement from the saids Lords after the sessione was up, and as it is supposed Cheifly on this ground that in Comoneing the petitioner hade offered a Considerable soume of money which (tho it hade been true) ought not to have been made use of but it is absolutely denyed that ever the petitioner or any other in her name made any such offer Tertio the petitioner is not to took back upon what aliements have been allready modified and payed to her But the petitioner humbly conceave that the repeating and to Continueing such aliements upon pretence of Depending processes cannot be found agreeable to old Law for as the petitioner has said she has allready produced before the Judge ordinar instructiones of debts exhausting all and therby excludeing Issobell Tyrie which she does not pretend to redacque in the way of Law, and when in the event it shall be found by derisione of the Judge ordinar That Issobell Tyrie has no right in that estate It must be acknowledged be the saids Lords authoritie that the petitioner is Compelled to pay a soume wherto in law the petitioner is not Lyable and wherto Issobell Tyrie has no legall right for what ever Charity be due to her, yet ther is a great difference betwixt right and Charity ther is a legall Compulsione upon points of right, But Charity must be free and ought not to be at another charge Especially such as the petitioner is being ane old infirme woman with a numerous familly and has scarce so much free rent as ther Lordships hade ordained the petitioner to pay And its is not denyable that what Issobell Tyrie has gott or may receive is utterly lost when the petitioners right is found to be preferrable and extinguish the event and in generall the petitioner doe Contend that our Law does not allow any Modificatione upon the pretence of processes dureing the dependance therof much less that the samen should be repeited from time to time without any proceider in the prociess and ineffect the granting of these aliements tends to no other purpose but the said Issobell Tyrie (who has so extraordinar success in the procureing them against all Law and common Justice to her pretentiones) should endeavor to spine out the process and never come to a period, And seing the Cause does depend before the Lords of sessione who are now sitting and that the petitioners defences is founded upon their right produced in that process as also seing the petitioners has never been yet heard by ther procurators and that they cannot be excluded from a hearing especially upon grounds to which they hade no opportunity to make answer by reasone of her anticipating the day to which the sist was granted in a fraudelent and unusuall maner And Therfore Humbly Craveing the saids Lords would be pleased to Consider that the forsaid clame of aliement was allready determined and refused by the Judge ordinar and if any new argument be or difficulty remaine that the saids Lords would either yet remitt the same to be further Considered by ther Lordships or allow a hearing in their oun presence notwithstanding of the former interloquitor which proceided upon some unjust Impressione made be the said Issobell Tyre which if the saids Lords would allow the petitioners to be heard they were able to convinceingly to redaque, and the saids Lords would Likewayes Consider the insolence of the said Issobell Tyrie who contrary to comon knowen forme has upon a horning raised in the Councill Chamber used a Caption out of the ordinary signet as the petition bears, The Lords of their Majesties privy Councill haveing Considered the petitione given in to them be the above Euphan Blair and her sone And the parties being Called Compeired personall the said James Blair of Lethentie for himself and his mother with Mr Hew and Mr David Dalrymples their advocats And sicklike Compeired personally the above Issobell Tyrie Ladie Glascloon with Sir James Stewart and Sir James Ogilvie her advocats, The saids Lords of their majesties privy Councill haveing heard both parties Advocats, And haveing Considered the petitione with the bill of suspensione quherto it relates given in be the petitioners against the Lady Glascloon They heirby suspend the letters and Charges at the instance of the Lady Glascloon against the petitioners suspenders upon the saids petitioners, And Declaires them quyte therof and free therfrae in all time comeing.

Edinburgh The Twentie fourth day of Jully Jaj vjc nyntie four years

D1694/7/191

Decreet

Decreet of Suspension: Ladie Lethentie Against The Lady Glascloon

Anent the petition given in to the Lords of their majesties privy Councill be Euphan Blair relict of Mr George Blair of Lethendy and James Blair her sone Shewing That wher the petitioner haveing right to expured adjudicationes and reall rights affecting the lands of Glascloon quherof the true soumes farr exceid the value quhich are unquestionably preferrable to any pretence or clame Competent to Issobell Tyrie relict of James Blair of Gascloon, yet this unreasonable woman being exceiding Clamerous hath obtained severall soumes of money to be modified to her upon a pretence of a depending proces quherin as she sayes she will undoubtedly prevaill at last and ther being a late modification of four hundred merks in the vaccance on the old pretence, The petitioners did presant a bill of suspensione and got executione sisted till the thretein of June then2 instant Such was the said Issobell Tyries Importunity that she not only denunced and registrated the petitioners within the dayes of the sist but also prevailled to gett the sist removed before the dayes expyred without the petitioners knowledge without answer or allowing the petitioners procurators to be heard on the grounds therof. The petitioners humbly Conceive the saids Lords hade received some particular accompt and Impressione of the matter to which the petitioner hade no oppertunity to make answer And Therfore the petitioners intreat the saids Lords That they would be pleased to Consider the following reasones why no aliement can be allowed conforme to the lawes of this kingdome Primo as to the said James Blair he is neither persewer nor defender (3nor Concerned in any process with the said Isobell Tyrie the right of the lands standing intirely in the persone of his mother his oun estate being all sold for Payment of Issobell Tyries father and husbands Cautionries so that he may Confidently say that any of the saids Lords number or any in the natione might alse well be subjected to ane aliement as he, Its true the petitioner has the hope of successione to his mother But that can found no more against him dureing his mothers life then any other of his bretheren and Sisters: As to the said relict she is alse Litle Lyable in Law to any aliement Because she has produced ane proces before the Lords of sessione really and preferrable rights upon the saids lands and Irrideemable rights double exceeding the value which she was necessitate to acquyre for releiff of Cautionries payed by her husband and sone for Issobell Tyries father and husband and the said Issobell produces no reall right at all but the extract of ane lifrent sasine without ane warrand so qualified that if the warrand were produced It would make the petitioner preferable, But that being a point of right to be determined be the Lords of sessione she was not to trouble the saids Lords furder therwith then this that since ever Issobell Tyrie intented her proces she hath never advanced one step altho she hath got severall aliements on that pretence But by her Clamour and Tergiversatione has stoped the petitioners Improbatione Which she is pursueing for Cutting of her pretence Secundo 4 the saids Lords being Overwearied with her Importunity Did in november last Remitt her applicatione for ane aliement to the sessione before whom her proces was depending And the Lords Found no ground for ane aliement, But refused her petitione, as some of the saids Lords number who are upon the sessione knowes And Which petitione with the deliverance the petitioner put in the Clerks of Councills hand yet she obtained ane aliement from the saids Lords after the sessione was up, and as it is supposed Cheifly on this ground that in Comoneing the petitioner hade offered a Considerable soume of money which (tho it hade been true) ought not to have been made use of but it is absolutely denyed that ever the petitioner or any other in her name made any such offer Tertio the petitioner is not to took back upon what aliements have been allready modified and payed to her But the petitioner humbly conceave that the repeating and to Continueing such aliements upon pretence of Depending processes cannot be found agreeable to old Law for as the petitioner has said she has allready produced before the Judge ordinar instructiones of debts exhausting all and therby excludeing Issobell Tyrie which she does not pretend to redacque in the way of Law, and when in the event it shall be found by derisione of the Judge ordinar That Issobell Tyrie has no right in that estate It must be acknowledged be the saids Lords authoritie that the petitioner is Compelled to pay a soume wherto in law the petitioner is not Lyable and wherto Issobell Tyrie has no legall right for what ever Charity be due to her, yet ther is a great difference betwixt right and Charity ther is a legall Compulsione upon points of right, But Charity must be free and ought not to be at another charge Especially such as the petitioner is being ane old infirme woman with a numerous familly and has scarce so much free rent as ther Lordships hade ordained the petitioner to pay And its is not denyable that what Issobell Tyrie has gott or may receive is utterly lost when the petitioners right is found to be preferrable and extinguish the event and in generall the petitioner doe Contend that our Law does not allow any Modificatione upon the pretence of processes dureing the dependance therof much less that the samen should be repeited from time to time without any proceider in the prociess and ineffect the granting of these aliements tends to no other purpose but the said Issobell Tyrie (who has so extraordinar success in the procureing them against all Law and common Justice to her pretentiones) should endeavor to spine out the process and never come to a period, And seing the Cause does depend before the Lords of sessione who are now sitting and that the petitioners defences is founded upon their right produced in that process as also seing the petitioners has never been yet heard by ther procurators and that they cannot be excluded from a hearing especially upon grounds to which they hade no opportunity to make answer by reasone of her anticipating the day to which the sist was granted in a fraudelent and unusuall maner And Therfore Humbly Craveing the saids Lords would be pleased to Consider that the forsaid clame of aliement was allready determined and refused by the Judge ordinar and if any new argument be or difficulty remaine that the saids Lords would either yet remitt the same to be further Considered by ther Lordships or allow a hearing in their oun presence notwithstanding of the former interloquitor which proceided upon some unjust Impressione made be the said Issobell Tyre which if the saids Lords would allow the petitioners to be heard they were able to convinceingly to redaque, and the saids Lords would Likewayes Consider the insolence of the said Issobell Tyrie who contrary to comon knowen forme has upon a horning raised in the Councill Chamber used a Caption out of the ordinary signet as the petition bears, The Lords of their Majesties privy Councill haveing Considered the petitione given in to them be the above Euphan Blair and her sone And the parties being Called Compeired personall the said James Blair of Lethentie for himself and his mother with Mr Hew and Mr David Dalrymples their advocats And sicklike Compeired personally the above Issobell Tyrie Ladie Glascloon with Sir James Stewart and Sir James Ogilvie her advocats, The saids Lords of their majesties privy Councill haveing heard both parties Advocats, And haveing Considered the petitione with the bill of suspensione quherto it relates given in be the petitioners against the Lady Glascloon They heirby suspend the letters and Charges at the instance of the Lady Glascloon against the petitioners suspenders upon the saids petitioners, And Declaires them quyte therof and free therfrae in all time comeing.

1. NRS, PC2/25, 28r-30v.

2. Insertion.

3. Closing bracket missing.

4. One illegible word scored out here.

1. NRS, PC2/25, 28r-30v.

2. Insertion.

3. Closing bracket missing.

4. One illegible word scored out here.

Sederunt, 24 July 1694, Edinburgh

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Edinburgh The Twentie fourth day of Jully Jaj vjc nyntie four years1

D1694/7/182

Sederunt

Lord Chancelor; Earl of Melvill PS; Earl of Drumlanrig; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Strathmore; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Earl of Broadalbine; Viscount Tarbat; Viscount Stair; Lord Raith T:d:; Lord Ross; Lord Beilhaven; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Laird of Blackbarony; Sir Thomas Livingstone; Sir John Hall

Edinburgh The Twentie fourth day of Jully Jaj vjc nyntie four years1

D1694/7/182

Sederunt

Lord Chancelor; Earl of Melvill PS; Earl of Drumlanrig; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Strathmore; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Earl of Broadalbine; Viscount Tarbat; Viscount Stair; Lord Raith T:d:; Lord Ross; Lord Beilhaven; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Laird of Blackbarony; Sir Thomas Livingstone; Sir John Hall

1. NRS, PC2/25, 28r.

2. NRS, PC2/25, 28r.

1. NRS, PC2/25, 28r.

2. NRS, PC2/25, 28r.

Procedure, 24 July 1694, Edinburgh

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Att Edinburgh the tuenty fourth day of July Jaj vic and nyntie four years

A1694/7/291

Procedure

Approbation of The lord Advocats Imprisoning William Rutherfoord

The Lords of their Majesties privie Councell Doe heirby approve of Sir James Steuart their Majesties advocat his Granting warrand for apprehending of William Rutherfoord in the Dutches of Bucleughs Lands presently in the tolbooth of Edinburgh For Killing James Rutherfoord his father And appointes him to Continow prisoner in the said tolbooth till farder order or that he be tryed or assoilzied And appoints the Magistrats of Edinburgh and Keeper of their tolbooth to detaine him prisoner for that effect

Att Edinburgh the tuenty fourth day of July Jaj vic and nyntie four years

A1694/7/291

Procedure

Approbation of The lord Advocats Imprisoning William Rutherfoord

The Lords of their Majesties privie Councell Doe heirby approve of Sir James Steuart their Majesties advocat his Granting warrand for apprehending of William Rutherfoord in the Dutches of Bucleughs Lands presently in the tolbooth of Edinburgh For Killing James Rutherfoord his father And appointes him to Continow prisoner in the said tolbooth till farder order or that he be tryed or assoilzied And appoints the Magistrats of Edinburgh and Keeper of their tolbooth to detaine him prisoner for that effect

1. NRS, PC1/49, 425.

1. NRS, PC1/49, 425.

Proclamation, 24 July 1694, Edinburgh

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Att Edinburgh the tuenty fourth day of July Jaj vic and nyntie four years

A1694/7/281

Proclamation

proclamation adjurning the parliament

William and Mary by the Grace of god King and Queen of Great Brittane France and Ireland defenders of the faith To our Lyon King at arms and his brethren Herauld Macers of our privie Councell pursevants messengers at arms our shirreffs in that part Conjunctlly and severally specialie Constitut Greeting Forasmuchas we by our proclamation of the date the tuelvth day of March Last uith advice of the Lords of our privie Councell Did adjurne the Current parliament of this our antient kingdome untill the fifteenth day of June then nixt to Come now Last by past And our affairs not requyring the meeting therof at that tyme we thought fitt by our Letter of the threttie first of may Last to Continow the said adjurnment untill the sixth day of september nixt which Letter being Lost in its passage to England our pleasure Concerning the said adjurnment uas not knouen wherupon The Lords of our privy Councell by their Act of the date the fourteenth day of June Last Caused Intimation to be made That all members of parliament should be ready to meet and attend in this our Current parliament so soon as our will and pleasure should be signified to them for that effect which Act and Intimation we not only Confirme and approve of But Lykeuayes uith advyce of the Lords of our privie Councell heirby adjurne our said Current parliament untill the tuenty fifth day of october nixt ensuing the date heirof Requyring all the members of our said parliament to attend that day in the usuall way and under the Certifications contained in the severall acts of parliament made theranent Our will is heirfore And ue Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and to the mercat Crosses of the remanent head burghs of the severall shires of this our antient kingdome And ther by open proclamatione make intimation that our said parliament of this kingdome is adjurned to the said tuenty fifth day of october nixt to Come And ordaines these presents to be printed Given under our signet at Edinburgh the tuenty fourth day of July and of our reigne the sixth year 1694 sic subscribitur ut sederunt except the Viscounts of Tarbat and Stair The Lord Poluarth and Sir John Hall

Att Edinburgh the tuenty fourth day of July Jaj vic and nyntie four years

A1694/7/281

Proclamation

proclamation adjurning the parliament

William and Mary by the Grace of god King and Queen of Great Brittane France and Ireland defenders of the faith To our Lyon King at arms and his brethren Herauld Macers of our privie Councell pursevants messengers at arms our shirreffs in that part Conjunctlly and severally specialie Constitut Greeting Forasmuchas we by our proclamation of the date the tuelvth day of March Last uith advice of the Lords of our privie Councell Did adjurne the Current parliament of this our antient kingdome untill the fifteenth day of June then nixt to Come now Last by past And our affairs not requyring the meeting therof at that tyme we thought fitt by our Letter of the threttie first of may Last to Continow the said adjurnment untill the sixth day of september nixt which Letter being Lost in its passage to England our pleasure Concerning the said adjurnment uas not knouen wherupon The Lords of our privy Councell by their Act of the date the fourteenth day of June Last Caused Intimation to be made That all members of parliament should be ready to meet and attend in this our Current parliament so soon as our will and pleasure should be signified to them for that effect which Act and Intimation we not only Confirme and approve of But Lykeuayes uith advyce of the Lords of our privie Councell heirby adjurne our said Current parliament untill the tuenty fifth day of october nixt ensuing the date heirof Requyring all the members of our said parliament to attend that day in the usuall way and under the Certifications contained in the severall acts of parliament made theranent Our will is heirfore And ue Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and to the mercat Crosses of the remanent head burghs of the severall shires of this our antient kingdome And ther by open proclamatione make intimation that our said parliament of this kingdome is adjurned to the said tuenty fifth day of october nixt to Come And ordaines these presents to be printed Given under our signet at Edinburgh the tuenty fourth day of July and of our reigne the sixth year 1694 sic subscribitur ut sederunt except the Viscounts of Tarbat and Stair The Lord Poluarth and Sir John Hall

1. NRS, PC1/49, 424-5.

1. NRS, PC1/49, 424-5.

Letter: royal, 24 July 1694, Edinburgh

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Att Edinburgh the tuenty fourth day of July Jaj vic and nyntie four years

A1694/7/271

Letter: royal

Letter from the King adjurning the parliament

The Follouing Letter from his Majestie to the Councell being read was ordored to be recorded wherof the tenor folloues
sic suprascribitur William Rex
Right Trustie and Right well beloved Cousin and Councelor Right trustie and Entirely beloved Cousin and Councelor Right trustie and right well beloved Cousins and Councelors Right trustie and uell beloved Cousins and Councelors Right trustie and right wel beloved Councelors Right trustie and uelbeloved Councelors And Trustie and uelbeloved Councelors We Greet yow well wheras by our Letter of the seventh of March Last we did warrant and authorize yow to adjurne our Parliament of that our ancient kingdome to the fifteenth of June nixt therafter And our affairs not requyring the meeting therof at that tyme we thought fitt by our Letter of the threttie one of may Last to authorize yow to Continou the said adjurnment to the sixth day of september nixt which Letter we understand was Lost in its passage to England And that yow not knouing our pleasure Concerning the said adjurnment through the Loss of our said Letter Did by your Act of the fourteenth of June Cause Intimation to be made That all Members of parliament should be ready to meet and attend in this our Current parliament so soon as our will and pleasure should be signified to them for that effect which act and Intimation we doe heirby Confirme and approve And doe by these presents authorize and requyre yow to Issue furth our royall proclamatione In our name and authority ordering a Continuatione of the adjurnment of our said parliament to the Tuenty fifth day of october nixt Ensuing the date of these presents and ordering all the members therof to attend that day in the usuall way and under the accustomed Certifications For doing wherof this shall be your warrand And so we bid yow heartily fareuell Given at our Camp at Rosebeck the 5th day of July old stile 1694 and of our Reigne the 6th year By his Majesties Command sic subscribitur James Stevenson

Att Edinburgh the tuenty fourth day of July Jaj vic and nyntie four years

A1694/7/271

Letter: royal

Letter from the King adjurning the parliament

The Follouing Letter from his Majestie to the Councell being read was ordored to be recorded wherof the tenor folloues
sic suprascribitur William Rex
Right Trustie and Right well beloved Cousin and Councelor Right trustie and Entirely beloved Cousin and Councelor Right trustie and right well beloved Cousins and Councelors Right trustie and uell beloved Cousins and Councelors Right trustie and right wel beloved Councelors Right trustie and uelbeloved Councelors And Trustie and uelbeloved Councelors We Greet yow well wheras by our Letter of the seventh of March Last we did warrant and authorize yow to adjurne our Parliament of that our ancient kingdome to the fifteenth of June nixt therafter And our affairs not requyring the meeting therof at that tyme we thought fitt by our Letter of the threttie one of may Last to authorize yow to Continou the said adjurnment to the sixth day of september nixt which Letter we understand was Lost in its passage to England And that yow not knouing our pleasure Concerning the said adjurnment through the Loss of our said Letter Did by your Act of the fourteenth of June Cause Intimation to be made That all Members of parliament should be ready to meet and attend in this our Current parliament so soon as our will and pleasure should be signified to them for that effect which act and Intimation we doe heirby Confirme and approve And doe by these presents authorize and requyre yow to Issue furth our royall proclamatione In our name and authority ordering a Continuatione of the adjurnment of our said parliament to the Tuenty fifth day of october nixt Ensuing the date of these presents and ordering all the members therof to attend that day in the usuall way and under the accustomed Certifications For doing wherof this shall be your warrand And so we bid yow heartily fareuell Given at our Camp at Rosebeck the 5th day of July old stile 1694 and of our Reigne the 6th year By his Majesties Command sic subscribitur James Stevenson

1. NRS, PC1/49, 423-4.

1. NRS, PC1/49, 423-4.

Decreet, 24 July 1694, Edinburgh

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Att Edinburgh the tuenty fourth day of July Jaj vic and nyntie four years

A1694/7/261

Decreet

Decreit His majesties advocat against provost Kirkuall and others

Anent the Lybell or Letters of Complaint raised and pursued Before the Lords of their Majesties privie Councell att the instance of Sir James Steuart their Majesties Advocat For their highnes Intrest in the matter underwryten Mentioning That wher by the Laues of this and all other well governed realms all subjects are obleidged to behave and Live peacably and deutifullie paying all deuty and alleadgance to their soveraigns Lykeas by the Sixteenth Act of the meeting of Estates of this Kingdome dated the threttienth day of Apryle Jaj vic Eighty nyne years and the proclamatione therof made all the Leidges are Certified That none presume to oune or acknouledge the Late King James the seventh for their King and that none presume upon their highest perrill by word wryting or any other manner of way to Impugne or disoune their Majesties royall authorities And that all Ministers uithin the kingdome publickly pray for their Majesties as King and Queen of this realme That they read the said proclamatione publickly from their pulpits In manner and upon the dayes therin appointed under the paine of being depryved and Losing their benefites As also by the second Act of the Parliament Jaj vic Eightie nyne Intituled act Recognoscing their Majesties royall authority It is declared to be high treasone in any of the subjects of this Kingdome by wryting speaking or any manner of way to disoune quarrell or Impugne their Majesties royall pouer and authority or right and Title to the Croune as Lykeuise the telling and spreading of false neues and reports are Crimes prohibite by the Laues and acts of parliament nevertheless It was of veritie that Mr John Wilsone minister in Orkney, and Patrick Fea of Whytehall Leivtennant Alexander Lamb and Hugh Craigie provost of Kirkuall shaking off all fear of god and regaird to their Majesties authority and Laues Did upon one or other of the dayes of the months of […] Last by past tell and spread false neues and reports against the Government and peace of the Kingdome off the Late King James his being Landed in England And that his Majestie was Lost And that the said Mr John Wilson had the boldnes to say to Collonell Robert Elphingstoune their Majesties steuart in Orkney in presence of tuo of the Bayllies of Kirkuall That they might see now what ane evill thing it uas to shake off their Laufull King meaning the Late King James And the said Leivtennant Lamb a Gentleman of their Majesties guairds, and sent to Orkney uith the Command of a partie uent through the toune of Kirkuall and drinking the Late King James’s health and Confusion to their present majesties And threatining and beatting all such as uould not doe the same And the said Patrick Fea while their Majesties said steuart uas sitting in Judgement refuised to take off his hatt or uncover his head and said He hoped to see a Chainge shortly and when the said steuart Caused apprehend the said Patrick Fea as a persone nottoriously disaffected to their Majesties government and sent to Hugh Craigie provost of Kirkuall to secure his persone till farder order He the said provost Inquyred what his Cryme uas And uhen he uas told by the said steuart that it uas treason and uas desyred by him to putt him in fast prison The said provost demanded by what warrand the said steuart sent men and armes to secure the said Fea And when the said steuart Ansuered by their Majesties authority and that of the privie Councell He Commanded his officers in presence of the said steuart violently to Lay hold upon their Majesties saids officers and took their armes from them which accordingly uas done And when the said steuart desyred him to have his men In armes the day follouing upon the Baillie of Kirkuall that he might know in what Condition they uere And if Commanded by men qualified In taking the oath of alleadgance and assurance The said provost ansuered that by his truth he uould not Lykeas the said Mr John Wilsone minister doeth not pray for their majesties as is by Law appointed but on the Contrair both in privat and in publick from the pulpite Disounes their Majesties and their authority and ounes the Late King James For which he ought to be punished by deprivatione And also he and the rest of them ought to be punished in their persons and goods as being all and every one of them guiltie or at Least airt and pairt of the Crymes forsaids To the terror of others to doe the Lyke in tyme coming And anent the charge given to the saids defenders to have Compeared personallie before the saids Lords of their Majesties privie Councell att ane certaine day bygone To have ansuered to the Grounds of the abovewryten Complaint and to have heard and seen such order and Course taken theranent under the paine of rebellione and putting them to the Horne with Certificationry as in the Letters or principall Lybell of Complaint raised in the said matter and executiones therof at more Length is Contained which Lybell being upon the tuenty one day of June Last by past Called in presence of the saids Lords of privie Councell They Continoued the same And alloued their Majesties Advocat to Cause bring […] as witnes cited on this Lybell from Dundie wher he is prisoner to this place And therafter the said Lybell being upon the seventeenth of July Instant againe Called in presence of the saids Lords of privie Councell And Sir James Steuart, their Majesties Advocat and Sir James Ogilvie their Majesties sollicitor Compearing personallie for their Majesties Intrest as pursuars And the said Leivtennant Lamb being Laufullie Cited ofttymes Called and not Compearing And the other three defenders Compearing personallie with Sir Patrick Home Mr William Aikman and Mr Robert Fraser their Advocats The saids Lords of their Majesties privie Councell Doe heirby Grant Certificatione against the said Leivtennant Lamb And ordaines letters to be direct to macers or messengers Commanding them to pass to the mercat Croce of […] and other places needfull And ther In their majesties name and authority Deuly Laufullie and ordorly Denunce the said Leivtennant Lamb their majesties rebell and putt him to their highnes horne Escheat and Inbring all his moveabill goods and Gear to their Majesties use for his Contempt and disobedience And the saids Lords admitts the Lybell to probatione against the rest of the defenders And the uitnesses such of them as Compeared according as they are marked on the roll Having made faith at the barr The saids Lords Doe heirby nominat and appoint the Earle of Forfar the Lord Ross and the Laird of Blackbarrony to be a Committie for examining the witnesses And declares any tuo of them to be a sufficient quorum And reserves all objections which may be made against the uitnesses to be propouned and discust before the said Committie And Remitts to the Committie to Consider the Certificat produced and the excuse made for Mr John Cobb and to sustaine or repell the same as they shall find Just And Recommends to the said Committie to meet the morrow at ten of the clock in the fornoon And alloues David Morisone taylor to be receaved a witnes albeit he was not at the barr In respect he is Cited but is in the Cannongate tolbooth From when the Committie are to send for him which Committie Having accordingly mett They took the oaths and depositions of diverse and sundrie famous uitnesses who being all solemnly suorne and examined Deponed and declared as their oaths and depositions extant in proces bears And the saids Lords of their majesties privie Councell Having this day Considered the Depositiones of the uitnesses taken in this proces against the said Hugh Craigie provost of Kirkuall Mr John Wilson minister and Patrick Fea uith a petition by the uitnesses for their expences They Find that part of the Lybell proven that Mr John Wilson said yow may now see what ane evill thing it is for people to Cast off their Laufull King And therfore The saids Lords Doe heirby Depryve the said Mr John Wilsone from his benefice at the kirk of Kirkuall and declares the Church vacant and discharges him from preaching or exercising any other part of the ministeriall function uithin the said paroch And appointes him to remove from the manse and Gleib and to Leave the samen voyd and ridd betuixt and the first day of october nixt And Confynes the said Mr John to the Island of Zetland during the Councells pleasure And discharges him to remove uithout the bounds of the said Island uithout their majesties or the Councells warrand for that effect And ordaines the said Mr John to repaire to the place of his Confynment betuixt and the first day of October nixt and to find Caution for that effect which he hes done And finds the Lybell proven against the said Hugh Craigie And Therfore They Heirby remove him from his office of provost at Kirkuall And Declares him Incapable of exercising the said office during the Councells pleasure and ordaines him to make payment to the witnesses afternamed of the expences afterspecified viz to Mr John Cunyngham in Kirkuall William Elphingstoun brother German to Robert Elphingstoun of Lapnes Androu Dishingtoun in Kirkuall and Walter Fairns burges In Kirkuall of the soume of sixteen shilling scotts per diem They being all horse men And to John Colvill in Stronsay and David Manson taylor in Stronsay William Elphingstoun in Kirkuall Androw Morison in Kirkuall and Robert Gedie in Kirkuall of the soume of Eight shilling scotts per diem They being all fort men Commencing the tyme of the said payment from the sixteenth day of may Last to the Eight day of Agust nixt being In all Eighty four dayes at the rates respective forsaid And ordaines him to find Caution for that effect which he hes done accordingly

Att Edinburgh the tuenty fourth day of July Jaj vic and nyntie four years

A1694/7/261

Decreet

Decreit His majesties advocat against provost Kirkuall and others

Anent the Lybell or Letters of Complaint raised and pursued Before the Lords of their Majesties privie Councell att the instance of Sir James Steuart their Majesties Advocat For their highnes Intrest in the matter underwryten Mentioning That wher by the Laues of this and all other well governed realms all subjects are obleidged to behave and Live peacably and deutifullie paying all deuty and alleadgance to their soveraigns Lykeas by the Sixteenth Act of the meeting of Estates of this Kingdome dated the threttienth day of Apryle Jaj vic Eighty nyne years and the proclamatione therof made all the Leidges are Certified That none presume to oune or acknouledge the Late King James the seventh for their King and that none presume upon their highest perrill by word wryting or any other manner of way to Impugne or disoune their Majesties royall authorities And that all Ministers uithin the kingdome publickly pray for their Majesties as King and Queen of this realme That they read the said proclamatione publickly from their pulpits In manner and upon the dayes therin appointed under the paine of being depryved and Losing their benefites As also by the second Act of the Parliament Jaj vic Eightie nyne Intituled act Recognoscing their Majesties royall authority It is declared to be high treasone in any of the subjects of this Kingdome by wryting speaking or any manner of way to disoune quarrell or Impugne their Majesties royall pouer and authority or right and Title to the Croune as Lykeuise the telling and spreading of false neues and reports are Crimes prohibite by the Laues and acts of parliament nevertheless It was of veritie that Mr John Wilsone minister in Orkney, and Patrick Fea of Whytehall Leivtennant Alexander Lamb and Hugh Craigie provost of Kirkuall shaking off all fear of god and regaird to their Majesties authority and Laues Did upon one or other of the dayes of the months of […] Last by past tell and spread false neues and reports against the Government and peace of the Kingdome off the Late King James his being Landed in England And that his Majestie was Lost And that the said Mr John Wilson had the boldnes to say to Collonell Robert Elphingstoune their Majesties steuart in Orkney in presence of tuo of the Bayllies of Kirkuall That they might see now what ane evill thing it uas to shake off their Laufull King meaning the Late King James And the said Leivtennant Lamb a Gentleman of their Majesties guairds, and sent to Orkney uith the Command of a partie uent through the toune of Kirkuall and drinking the Late King James’s health and Confusion to their present majesties And threatining and beatting all such as uould not doe the same And the said Patrick Fea while their Majesties said steuart uas sitting in Judgement refuised to take off his hatt or uncover his head and said He hoped to see a Chainge shortly and when the said steuart Caused apprehend the said Patrick Fea as a persone nottoriously disaffected to their Majesties government and sent to Hugh Craigie provost of Kirkuall to secure his persone till farder order He the said provost Inquyred what his Cryme uas And uhen he uas told by the said steuart that it uas treason and uas desyred by him to putt him in fast prison The said provost demanded by what warrand the said steuart sent men and armes to secure the said Fea And when the said steuart Ansuered by their Majesties authority and that of the privie Councell He Commanded his officers in presence of the said steuart violently to Lay hold upon their Majesties saids officers and took their armes from them which accordingly uas done And when the said steuart desyred him to have his men In armes the day follouing upon the Baillie of Kirkuall that he might know in what Condition they uere And if Commanded by men qualified In taking the oath of alleadgance and assurance The said provost ansuered that by his truth he uould not Lykeas the said Mr John Wilsone minister doeth not pray for their majesties as is by Law appointed but on the Contrair both in privat and in publick from the pulpite Disounes their Majesties and their authority and ounes the Late King James For which he ought to be punished by deprivatione And also he and the rest of them ought to be punished in their persons and goods as being all and every one of them guiltie or at Least airt and pairt of the Crymes forsaids To the terror of others to doe the Lyke in tyme coming And anent the charge given to the saids defenders to have Compeared personallie before the saids Lords of their Majesties privie Councell att ane certaine day bygone To have ansuered to the Grounds of the abovewryten Complaint and to have heard and seen such order and Course taken theranent under the paine of rebellione and putting them to the Horne with Certificationry as in the Letters or principall Lybell of Complaint raised in the said matter and executiones therof at more Length is Contained which Lybell being upon the tuenty one day of June Last by past Called in presence of the saids Lords of privie Councell They Continoued the same And alloued their Majesties Advocat to Cause bring […] as witnes cited on this Lybell from Dundie wher he is prisoner to this place And therafter the said Lybell being upon the seventeenth of July Instant againe Called in presence of the saids Lords of privie Councell And Sir James Steuart, their Majesties Advocat and Sir James Ogilvie their Majesties sollicitor Compearing personallie for their Majesties Intrest as pursuars And the said Leivtennant Lamb being Laufullie Cited ofttymes Called and not Compearing And the other three defenders Compearing personallie with Sir Patrick Home Mr William Aikman and Mr Robert Fraser their Advocats The saids Lords of their Majesties privie Councell Doe heirby Grant Certificatione against the said Leivtennant Lamb And ordaines letters to be direct to macers or messengers Commanding them to pass to the mercat Croce of […] and other places needfull And ther In their majesties name and authority Deuly Laufullie and ordorly Denunce the said Leivtennant Lamb their majesties rebell and putt him to their highnes horne Escheat and Inbring all his moveabill goods and Gear to their Majesties use for his Contempt and disobedience And the saids Lords admitts the Lybell to probatione against the rest of the defenders And the uitnesses such of them as Compeared according as they are marked on the roll Having made faith at the barr The saids Lords Doe heirby nominat and appoint the Earle of Forfar the Lord Ross and the Laird of Blackbarrony to be a Committie for examining the witnesses And declares any tuo of them to be a sufficient quorum And reserves all objections which may be made against the uitnesses to be propouned and discust before the said Committie And Remitts to the Committie to Consider the Certificat produced and the excuse made for Mr John Cobb and to sustaine or repell the same as they shall find Just And Recommends to the said Committie to meet the morrow at ten of the clock in the fornoon And alloues David Morisone taylor to be receaved a witnes albeit he was not at the barr In respect he is Cited but is in the Cannongate tolbooth From when the Committie are to send for him which Committie Having accordingly mett They took the oaths and depositions of diverse and sundrie famous uitnesses who being all solemnly suorne and examined Deponed and declared as their oaths and depositions extant in proces bears And the saids Lords of their majesties privie Councell Having this day Considered the Depositiones of the uitnesses taken in this proces against the said Hugh Craigie provost of Kirkuall Mr John Wilson minister and Patrick Fea uith a petition by the uitnesses for their expences They Find that part of the Lybell proven that Mr John Wilson said yow may now see what ane evill thing it is for people to Cast off their Laufull King And therfore The saids Lords Doe heirby Depryve the said Mr John Wilsone from his benefice at the kirk of Kirkuall and declares the Church vacant and discharges him from preaching or exercising any other part of the ministeriall function uithin the said paroch And appointes him to remove from the manse and Gleib and to Leave the samen voyd and ridd betuixt and the first day of october nixt And Confynes the said Mr John to the Island of Zetland during the Councells pleasure And discharges him to remove uithout the bounds of the said Island uithout their majesties or the Councells warrand for that effect And ordaines the said Mr John to repaire to the place of his Confynment betuixt and the first day of October nixt and to find Caution for that effect which he hes done And finds the Lybell proven against the said Hugh Craigie And Therfore They Heirby remove him from his office of provost at Kirkuall And Declares him Incapable of exercising the said office during the Councells pleasure and ordaines him to make payment to the witnesses afternamed of the expences afterspecified viz to Mr John Cunyngham in Kirkuall William Elphingstoun brother German to Robert Elphingstoun of Lapnes Androu Dishingtoun in Kirkuall and Walter Fairns burges In Kirkuall of the soume of sixteen shilling scotts per diem They being all horse men And to John Colvill in Stronsay and David Manson taylor in Stronsay William Elphingstoun in Kirkuall Androw Morison in Kirkuall and Robert Gedie in Kirkuall of the soume of Eight shilling scotts per diem They being all fort men Commencing the tyme of the said payment from the sixteenth day of may Last to the Eight day of Agust nixt being In all Eighty four dayes at the rates respective forsaid And ordaines him to find Caution for that effect which he hes done accordingly

1. NRS, PC1/49, 418-423.

1. NRS, PC1/49, 418-423.

Sederunt, 24 July 1694, Edinburgh

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Att Edinburgh the tuenty fourth day of July Jaj vic and nyntie four years1

A1694/7/252

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Drumlangrig; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Strathmore; Earl of Lothian; Earl of Leven; Earl of Annandall; Earl of Forfar; Earl of Kintoir; Earl of Broadalbane; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Carmichaell; Lord Poluarth; Lord Advocat; Lord Justice clerk; Laird of Blackbarrony; Sir Thomas Livingstoun; Sir John Hall

Att Edinburgh the tuenty fourth day of July Jaj vic and nyntie four years1

A1694/7/252

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Drumlangrig; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Strathmore; Earl of Lothian; Earl of Leven; Earl of Annandall; Earl of Forfar; Earl of Kintoir; Earl of Broadalbane; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Carmichaell; Lord Poluarth; Lord Advocat; Lord Justice clerk; Laird of Blackbarrony; Sir Thomas Livingstoun; Sir John Hall

1. NRS, PC1/49, 417.

2. NRS, PC1/49, 417.

1. NRS, PC1/49, 417.

2. NRS, PC1/49, 417.