Tag Archives: 24 November 1692

Judicial Proceeding, 24 November 1692, Edinburgh

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Edinburgh the Twentie fourth day of November Jaj vjc nyntie two years

D1692/11/181

Judicial Proceeding

Remitt Robertsone Against Scot etc

Anent the two severall Lybells raised and pursued before the Lords of their majesties privy Councill the one therof at the instance of Robert Robertsone late procurator phiscall of the burgh of Rutherglen and And2 now Residenter in Portsburgh (and for William Lockhart their majesties Solicitor) for their intress in the matter underwritten makand mentione That quher albeit the Sinister defrauding of persones of their Just rights, And the violent stoping of the procedur of Justice be way of Bangstry and oppression Comitted by inferrior magistrates under prentice of authoritie Therby depriveing Justice and malversing in the offices and the beatting of any of their majesties subjects to the effusione of their blood without any provocatione given And the breaking open of doors and spulzeing and away takeing open of doors and spulzieing and away takeing of Cornes furth of housses without any Collour of Law be Crymes of a high natur and severly punishable nevertheless It is of veritie that upon one or other of the dayes of the moneth of August Jaj vjc nyntie years, The said pursuar be vertue of his office as procurators phisicall of the said burgh And Patrick Reid residenter ther haveing Comenced a proces at their instance Against Androw Leith burges of the said burgh before the magistrates of Rutherglen for Stealling of other mens sheep and billing therof Forging of writtes removeing of march stones and land markes and oppression of the burgesses dureing the tyme he was toune thesaurer throw exacting and uplifting Contrary to his oath of fidelity of Soumes in name of Cess farr above each mans proportion Contained in ane stent roll, Which Lybell being found relevant by the magistrates and proven by the depositiones of witnesses in presence of ane Assyze, founded for that effect the said Androw Leitch was by a verdict of the said Assyze found guiltie of the severall crymes above specified, Bot the magistrats haveing delayed the pronunceing sentance against the said Androw Leitch till the michellmiss Court day which hapned within Eight or ten dayes therafter at which tyme the magistrates Viz the provest and two baillies haveing conveened in the Court holden within the Tolbooth of Rutherglen, and William Spence the toune Clerk haveing the forsaid process Lying before him upon the table John Scot one of the two baillies of the said burgh for that tyme streatched his hands over the bensh wher he then was sitting in Judgment Towards the Clerks table And took up the forsaid proces Consisting of the Lybells depositiones of the witnesses and verdict of the assyze Against the said Androw Leitch, and with ane unparralalled boldnes, Impudence and affrontrie put the same within his pocket notwithstanding that the provest and the other baillies ware sitting in Judgment with him, And the said procurator phiscalls did reclaime and protested against his doeing therof wherinto he made no reply, Bot that he should answer for what he did or some such like expression Lykeas upon one or other off the dayes of october Jaj vjc nyntie one years the said pursuar being at the marcat cross of the head burgh of Rutherglen assisting William Wood messengers at the appryseing of the said sheep belonging to the said Androw Leitch which ware poynded from him be vertue of letters of poynding raised at the instance of the said pursuar against him The said John Scot one of the present baillies forsaid Hounded out Mr Walter Watsone messenger with ane old Caption at Leitches instance against the said pursuar for ane debt which hade been satisfied of before be vertue therof the said pursuar being apprehended and made prisoner the tyme of the forsaid appretiatione of the sheep at the Cross Imediatly therafter, The said John Scot violently threw ane pistoll out of the pursuars hand and most unhumanely and barbareously struck him over the head with the pistoll to the effussion of his blood whill the messinger was carieing him away prisoner be vertue of the forsaid Caption, Which altogither in consistant with the dutie of a magistrat, Who Ought rather to have protected the said pursuar from any such violence that should have been offered to him by another And in like maner Androw Harvie late provest therof Imediatly therafter did attack the said pursuar when prisoner in the messengers hands upon the high street of the said burgh by beating him with his fist and thoumb upon the face and nose to the effusion of his blood without any provocatione quhatsomever Likas about the latter end of October or begining of november Jaj vjc nyntie one years, The said pursuars haveing Caused poynd and appryss ane stack of cornes to the number of Ten or twelue bolls belonging to the said Androw Leitch for payment and Satisfactione of another debt due to him be the said Androw after the said pursuar got the same Delivered to him be William Wood messenger who executed the poynding and after that the said pursuar hade transported the same to a lockfast house of his oun, wher the saids cornes remained in his power for the space of ten or twelue dayes till the said John Scot and Androw Leitch at their oun hands with their assosciats and accomplices without any Collour or Shadow of Law did break up the house door wher the cornes ware laid up and masterfully took the same away So that the said pursuar was Disapointed of his dilligence and roved of the said corne wherby the said John Scot Androw Leitch and Androw Hervie are guilty of open and manifast ryots, opression malvarsatione and contempt of authoritie, And Therfore the said John Scot Ought not only to be decerned to deliver up the forsaid proces against Androw Leitch so master-fully abstracted by him in maner abovewritten And he and the said Androw Leitch Ought to be Decerned to deliver back the saids cornes so spulzied and away taken by them in maner forsaid, To make payment to the said pursuar of ane hundreth punds as the value therof And the said John Scot, Androw Leitch and Androw Hervie Ought to be fyned in Considerable soumes Conforme to the respective Ryots Comitted by them as the Lords of Councill shall determine to be payed to the said pursuar who and his poor familly are brought to Outter Ruin by their oppressione so that he is forced to turne his back upon his ancient inheritance in the said burgh wher the pursuars father was once provest, Bot also the saids defenders Ought Likewayes to be severly punished in their persones and goods to the terror of others to doe and Comitt the like in tyme comeing And Anent the charge given to the fornamed persones defenders To have Compeired personally before the saids Lords at ane certaine day now bygone To have answered to the grounds of the abovewritten Complaint And to have heard and seen themselves Decerned in maner underwritten viz The saids John Scot to deliver up the forsaid process against Androw Leitch So masterfully abstracted by him in maner forsaid Lykewayes the said Androw Leitch to deliver back the Saids cornes so spulzied and taken away by him And the said John Scot in maner abovespecified or to make payment to the said pursuar of Ane hundred punds as the value therof as also the said John Scot Androw Leitch and Androw Hervie fyned in Considerable Soumes Conforme to the respective ryots comitted by them as the Lords of privy Councill shall Determine to be payed to the said pursuar As, Lykewayes the saids defenders to be examplarly punished in their persons and goods to the terror of others to comitt and doe the like in tyme comeing, And also to have heard and seen such other order and course taken theranent as the saids Lords should think fitt. as the said Lybell and executiones therof at more leanth bears. And the other of the saids Lybells at the instance of the said John Scot and Androw Leitch and their majesties said solicitor for their highnes intrest by way of Reconventione makeing mentione That wher by the lawes of this and al other weell governed nationes, The wrongeous Imprisonment of their majesties Leidges by a show and formality of Law, as if the same ware done in executione of letters of Captione notwithstanding that the debt was payed and stood suspended without Cautione or Consignatione before the raiseing of the captione as also the wrongeous intromission with the leidges goods upon pretence of the execution of a poynding after the debt poynded for was satisfied and payed by two former poyndings made be the saids messengers and the appretiatione made at the same marcat Cross upon Short Intervalls of four dayes, And the beatting of their Majesties leidges Especiallie of women who are bigg with Chyld, as also the resisting of messengers or his assistants or the magistrates of burghes who are bound to concurr Be all high Ryots severly punishable nevertheless It is of veritie That the said Androw Leitch pursuar being debitor to Robert Robertsone weaver in Rutherglen and now Residenter at Portsburgh in a Small Soume of aboutt Two hundred pund Scots Or therby, He did make due payment and obtained the said Robert Robertsones Discharge of the date the twentie first day of February Jaj vjc Eightie seven years, yet the said Robert Robertson haveing afterwards charged with burning Did necessitate the said pursuar to exped a Suspensione, Which he obtained without Caution or Consignation which suspensione was called for produced and debate before the Lords of Session And yet notwithstanding the said Robert Robertson was not ashamed to revise a Caption therafter, And upon the twentie, twentie one, Twentie two, Twentie thrid, twentie fourth, Twentie fifth twentie sixth, twentie seventh, Twentie Eight twentie Nynth or one or other of the dayes of september Jaj vjc nyntie one years Or one or other of the dayes of the said moneth Did therupon apprehend and incarcerat the said pursuar and force him to a second suspensione, And whill the said pursuar was in prison the said defender haveing raised a horning for another part of the said soume Extending to ane hundred punds scots, He also upon the twentie, twentie one, Twentie two twentie thrid, Twentie fourth, Twentie fifth, Twentie sixth, Twentie Seventh Twentie Eight and twentie nynth dayes or one or other of the dayes of the said moneth poynded upon it, albeit the same was assigned be him to John Modrell and James Hervie indwallers in Rutherglen and the assignatione duely intimat to the said pursuars before the said poynding Wherby the said Robert Robertsone was fully denuded of the said debt And in a most barbarous maner did beat the said pursuars wife being then bigg with Child within a moneth of her delivery and threw her over head and ears into a nestie myre in a Midenstead wher she was like to have drowned and all without the least provocation or offence upon her part, And after he hade poynded rather toward the payment of the debt, He returned another tyme and upon Some of the dayes of the said moneth poynded sheep also towards the value of the soume; so as the two poyndings did near double the debt, And did notwithstand return upon the fourth, fifth sixth seventh, Eight nynth or Tenth dayes of the moneth of October and year of god forsaid poynded a thrid tyme for the same debt which was near double payed before all dureing the pursuars absence, and unwarrantable Imprisonement, And did at that thrid tyme carie away a great quantitie of corne, which he put into ane open measure house exposed to raine and storme, as alsoe the said Robert Robertsone being apprehended with Caption at the tyme of the first of these poyndings at the pursuars instance He did resist the messenger and did draw and present a pistoll to the messenger and his assistants and Especially to the said John Scot pursuar who was a magistrat of the place and bound to concurr, Wherby the said Robert Robertsone is guilty of open and manifast Ryots oppressiones and contempt of authoritie And Therfore he Ought not only to be Decerned to make payment of the Superplus of the Soumes wrongeously poynded, Bot also he ought and Should be examplarly punished in his person and goods to the terror of others to committ the like in tyme comeing And Anent the charge given to the pursuars of the principall Lybell and defenders in the forsaid reconventione To have Compeired before the saids Lords of privy Councill personally To have answered to the grounds of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find cause As the said Lybell of reconventione and executiones therof at more leanth proports The saids Two Lybells being both called this day in presence of the saids Lords of privy Councill And the said Robert Robertsone pursuar in the principall Cause and defender in the reconventione Compeiring personally be Mr John Kincaid his advocat And the said John Scot and Androw Leitch two of the defenders in the principall lybell Compeiring also personally with Sir David Thores and Mr David Cuninghame their advocats, And the Said Androw Hervie one of the defenders in the principall cause being called bot not Compeiring The Lords of their Majesties Privy Councill haveing heard the principall Lybell and messengers therto with the Lybell of Reconvention read in their presence and haveing at leanth heard both parties and their advocats They heirby Remitt both the saids Lybells principall of the shirefdoune of Lanerk or his deputes, And the shirreff principall of the shyre of Edinburgh or his deputs within whose respective bounds and Jurisdictiones the haill parties abovenamed doe dwall and reside.

Edinburgh the Twentie fourth day of November Jaj vjc nyntie two years

D1692/11/181

Judicial Proceeding

Remitt Robertsone Against Scot etc

Anent the two severall Lybells raised and pursued before the Lords of their majesties privy Councill the one therof at the instance of Robert Robertsone late procurator phiscall of the burgh of Rutherglen and And2 now Residenter in Portsburgh (and for William Lockhart their majesties Solicitor) for their intress in the matter underwritten makand mentione That quher albeit the Sinister defrauding of persones of their Just rights, And the violent stoping of the procedur of Justice be way of Bangstry and oppression Comitted by inferrior magistrates under prentice of authoritie Therby depriveing Justice and malversing in the offices and the beatting of any of their majesties subjects to the effusione of their blood without any provocatione given And the breaking open of doors and spulzeing and away takeing open of doors and spulzieing and away takeing of Cornes furth of housses without any Collour of Law be Crymes of a high natur and severly punishable nevertheless It is of veritie that upon one or other of the dayes of the moneth of August Jaj vjc nyntie years, The said pursuar be vertue of his office as procurators phisicall of the said burgh And Patrick Reid residenter ther haveing Comenced a proces at their instance Against Androw Leith burges of the said burgh before the magistrates of Rutherglen for Stealling of other mens sheep and billing therof Forging of writtes removeing of march stones and land markes and oppression of the burgesses dureing the tyme he was toune thesaurer throw exacting and uplifting Contrary to his oath of fidelity of Soumes in name of Cess farr above each mans proportion Contained in ane stent roll, Which Lybell being found relevant by the magistrates and proven by the depositiones of witnesses in presence of ane Assyze, founded for that effect the said Androw Leitch was by a verdict of the said Assyze found guiltie of the severall crymes above specified, Bot the magistrats haveing delayed the pronunceing sentance against the said Androw Leitch till the michellmiss Court day which hapned within Eight or ten dayes therafter at which tyme the magistrates Viz the provest and two baillies haveing conveened in the Court holden within the Tolbooth of Rutherglen, and William Spence the toune Clerk haveing the forsaid process Lying before him upon the table John Scot one of the two baillies of the said burgh for that tyme streatched his hands over the bensh wher he then was sitting in Judgment Towards the Clerks table And took up the forsaid proces Consisting of the Lybells depositiones of the witnesses and verdict of the assyze Against the said Androw Leitch, and with ane unparralalled boldnes, Impudence and affrontrie put the same within his pocket notwithstanding that the provest and the other baillies ware sitting in Judgment with him, And the said procurator phiscalls did reclaime and protested against his doeing therof wherinto he made no reply, Bot that he should answer for what he did or some such like expression Lykeas upon one or other off the dayes of october Jaj vjc nyntie one years the said pursuar being at the marcat cross of the head burgh of Rutherglen assisting William Wood messengers at the appryseing of the said sheep belonging to the said Androw Leitch which ware poynded from him be vertue of letters of poynding raised at the instance of the said pursuar against him The said John Scot one of the present baillies forsaid Hounded out Mr Walter Watsone messenger with ane old Caption at Leitches instance against the said pursuar for ane debt which hade been satisfied of before be vertue therof the said pursuar being apprehended and made prisoner the tyme of the forsaid appretiatione of the sheep at the Cross Imediatly therafter, The said John Scot violently threw ane pistoll out of the pursuars hand and most unhumanely and barbareously struck him over the head with the pistoll to the effussion of his blood whill the messinger was carieing him away prisoner be vertue of the forsaid Caption, Which altogither in consistant with the dutie of a magistrat, Who Ought rather to have protected the said pursuar from any such violence that should have been offered to him by another And in like maner Androw Harvie late provest therof Imediatly therafter did attack the said pursuar when prisoner in the messengers hands upon the high street of the said burgh by beating him with his fist and thoumb upon the face and nose to the effusion of his blood without any provocatione quhatsomever Likas about the latter end of October or begining of november Jaj vjc nyntie one years, The said pursuars haveing Caused poynd and appryss ane stack of cornes to the number of Ten or twelue bolls belonging to the said Androw Leitch for payment and Satisfactione of another debt due to him be the said Androw after the said pursuar got the same Delivered to him be William Wood messenger who executed the poynding and after that the said pursuar hade transported the same to a lockfast house of his oun, wher the saids cornes remained in his power for the space of ten or twelue dayes till the said John Scot and Androw Leitch at their oun hands with their assosciats and accomplices without any Collour or Shadow of Law did break up the house door wher the cornes ware laid up and masterfully took the same away So that the said pursuar was Disapointed of his dilligence and roved of the said corne wherby the said John Scot Androw Leitch and Androw Hervie are guilty of open and manifast ryots, opression malvarsatione and contempt of authoritie, And Therfore the said John Scot Ought not only to be decerned to deliver up the forsaid proces against Androw Leitch so master-fully abstracted by him in maner abovewritten And he and the said Androw Leitch Ought to be Decerned to deliver back the saids cornes so spulzied and away taken by them in maner forsaid, To make payment to the said pursuar of ane hundreth punds as the value therof And the said John Scot, Androw Leitch and Androw Hervie Ought to be fyned in Considerable soumes Conforme to the respective Ryots Comitted by them as the Lords of Councill shall determine to be payed to the said pursuar who and his poor familly are brought to Outter Ruin by their oppressione so that he is forced to turne his back upon his ancient inheritance in the said burgh wher the pursuars father was once provest, Bot also the saids defenders Ought Likewayes to be severly punished in their persones and goods to the terror of others to doe and Comitt the like in tyme comeing And Anent the charge given to the fornamed persones defenders To have Compeired personally before the saids Lords at ane certaine day now bygone To have answered to the grounds of the abovewritten Complaint And to have heard and seen themselves Decerned in maner underwritten viz The saids John Scot to deliver up the forsaid process against Androw Leitch So masterfully abstracted by him in maner forsaid Lykewayes the said Androw Leitch to deliver back the Saids cornes so spulzied and taken away by him And the said John Scot in maner abovespecified or to make payment to the said pursuar of Ane hundred punds as the value therof as also the said John Scot Androw Leitch and Androw Hervie fyned in Considerable Soumes Conforme to the respective ryots comitted by them as the Lords of privy Councill shall Determine to be payed to the said pursuar As, Lykewayes the saids defenders to be examplarly punished in their persons and goods to the terror of others to comitt and doe the like in tyme comeing, And also to have heard and seen such other order and course taken theranent as the saids Lords should think fitt. as the said Lybell and executiones therof at more leanth bears. And the other of the saids Lybells at the instance of the said John Scot and Androw Leitch and their majesties said solicitor for their highnes intrest by way of Reconventione makeing mentione That wher by the lawes of this and al other weell governed nationes, The wrongeous Imprisonment of their majesties Leidges by a show and formality of Law, as if the same ware done in executione of letters of Captione notwithstanding that the debt was payed and stood suspended without Cautione or Consignatione before the raiseing of the captione as also the wrongeous intromission with the leidges goods upon pretence of the execution of a poynding after the debt poynded for was satisfied and payed by two former poyndings made be the saids messengers and the appretiatione made at the same marcat Cross upon Short Intervalls of four dayes, And the beatting of their Majesties leidges Especiallie of women who are bigg with Chyld, as also the resisting of messengers or his assistants or the magistrates of burghes who are bound to concurr Be all high Ryots severly punishable nevertheless It is of veritie That the said Androw Leitch pursuar being debitor to Robert Robertsone weaver in Rutherglen and now Residenter at Portsburgh in a Small Soume of aboutt Two hundred pund Scots Or therby, He did make due payment and obtained the said Robert Robertsones Discharge of the date the twentie first day of February Jaj vjc Eightie seven years, yet the said Robert Robertson haveing afterwards charged with burning Did necessitate the said pursuar to exped a Suspensione, Which he obtained without Caution or Consignation which suspensione was called for produced and debate before the Lords of Session And yet notwithstanding the said Robert Robertson was not ashamed to revise a Caption therafter, And upon the twentie, twentie one, Twentie two, Twentie thrid, twentie fourth, Twentie fifth twentie sixth, twentie seventh, Twentie Eight twentie Nynth or one or other of the dayes of september Jaj vjc nyntie one years Or one or other of the dayes of the said moneth Did therupon apprehend and incarcerat the said pursuar and force him to a second suspensione, And whill the said pursuar was in prison the said defender haveing raised a horning for another part of the said soume Extending to ane hundred punds scots, He also upon the twentie, twentie one, Twentie two twentie thrid, Twentie fourth, Twentie fifth, Twentie sixth, Twentie Seventh Twentie Eight and twentie nynth dayes or one or other of the dayes of the said moneth poynded upon it, albeit the same was assigned be him to John Modrell and James Hervie indwallers in Rutherglen and the assignatione duely intimat to the said pursuars before the said poynding Wherby the said Robert Robertsone was fully denuded of the said debt And in a most barbarous maner did beat the said pursuars wife being then bigg with Child within a moneth of her delivery and threw her over head and ears into a nestie myre in a Midenstead wher she was like to have drowned and all without the least provocation or offence upon her part, And after he hade poynded rather toward the payment of the debt, He returned another tyme and upon Some of the dayes of the said moneth poynded sheep also towards the value of the soume; so as the two poyndings did near double the debt, And did notwithstand return upon the fourth, fifth sixth seventh, Eight nynth or Tenth dayes of the moneth of October and year of god forsaid poynded a thrid tyme for the same debt which was near double payed before all dureing the pursuars absence, and unwarrantable Imprisonement, And did at that thrid tyme carie away a great quantitie of corne, which he put into ane open measure house exposed to raine and storme, as alsoe the said Robert Robertsone being apprehended with Caption at the tyme of the first of these poyndings at the pursuars instance He did resist the messenger and did draw and present a pistoll to the messenger and his assistants and Especially to the said John Scot pursuar who was a magistrat of the place and bound to concurr, Wherby the said Robert Robertsone is guilty of open and manifast Ryots oppressiones and contempt of authoritie And Therfore he Ought not only to be Decerned to make payment of the Superplus of the Soumes wrongeously poynded, Bot also he ought and Should be examplarly punished in his person and goods to the terror of others to committ the like in tyme comeing And Anent the charge given to the pursuars of the principall Lybell and defenders in the forsaid reconventione To have Compeired before the saids Lords of privy Councill personally To have answered to the grounds of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find cause As the said Lybell of reconventione and executiones therof at more leanth proports The saids Two Lybells being both called this day in presence of the saids Lords of privy Councill And the said Robert Robertsone pursuar in the principall Cause and defender in the reconventione Compeiring personally be Mr John Kincaid his advocat And the said John Scot and Androw Leitch two of the defenders in the principall lybell Compeiring also personally with Sir David Thores and Mr David Cuninghame their advocats, And the Said Androw Hervie one of the defenders in the principall cause being called bot not Compeiring The Lords of their Majesties Privy Councill haveing heard the principall Lybell and messengers therto with the Lybell of Reconvention read in their presence and haveing at leanth heard both parties and their advocats They heirby Remitt both the saids Lybells principall of the shirefdoune of Lanerk or his deputes, And the shirreff principall of the shyre of Edinburgh or his deputs within whose respective bounds and Jurisdictiones the haill parties abovenamed doe dwall and reside.

1. NRS, PC2/24, 137v-141r.

2. Sic.

1. NRS, PC2/24, 137v-141r.

2. Sic.

Sederunt, 24 November 1692, Edinburgh

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Edinburgh the Twentie fourth day of November Jaj vjc nyntie two years1

D1692/11/172

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Viscount Stair; Lord Raith thesr dept; Lord Beilhaven; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fr: Montgomrie; Laird of Stivenson; Sir William Lockhart; Sir Patrick Murray

Edinburgh the Twentie fourth day of November Jaj vjc nyntie two years1

D1692/11/172

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Viscount Stair; Lord Raith thesr dept; Lord Beilhaven; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fr: Montgomrie; Laird of Stivenson; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 137v.

2. NRS, PC2/24, 137v.

1. NRS, PC2/24, 137v.

2. NRS, PC2/24, 137v.

Warrant, 24 November 1692, Edinburgh

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Att Edinburgh the Tuenty Fourth day off November Jaj vjc nyntie tuo years

A1692/11/501

Warrant

Warrand for Comitting three priests Closs prisoners or allowing them to goe abroad

The Lords of there majesties privie Councill doe hereby Give order and warrand to the Magistrats of Edinburgh Bailzies of Leith and Keeper of the tolbooth of Leith To Comitt Mr George Gordone Mr Alexander Crightoun and Mr Robert Davidsone three preists presently prisoners in the said tolbooth Closs prisoners within the same Notwithstanding of any former act of Councill allowing the saids preists to goe abroad some houres Each day in the afternoon But In case these preists shal desyre to goe abroad to other Countries allowes the saids magistrats and bailzies to transport them from the said tolbooth aboord of any ship goeing for forraigne Countries The saids priests first exacting themselves in the books of privie Councill That they shall depairt furth of there majesties Dominiones and never returne thereto under the paine of death

At Edinburgh 24 November 1692

A1692/11/501

Warrant

Warrant for committing three priests close prisoners or allowing them to go abroad

The lords of their majesties’ privy council do hereby give order and warrant to the magistrates of Edinburgh, bailies of Leith, and keeper of the tolbooth of Leith to commit Mr George Gordon, Mr Alexander Creighton, and Mr Robert Davidson, three priests presently prisoners in the said tolbooth, close prisoners within the same, notwithstanding of any former act of council allowing the said priests to go abroad some hours each day in the afternoon. But in case these priests shall desire to go abroad to other countries, allows the said magistrates and bailies to transport them from the said tolbooth aboard of any ship going for foreign countries, the said priests first exacting themselves in the books of privy council that they shall depart forth of their majesties’ dominions and never return thereto under the pain of death.

1. PC1/48, 468-9.

1. PC1/48, 468-9.

Procedure: committee, 24 November 1692, Edinburgh

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Att Edinburgh the Tuenty Fourth day off November Jaj vjc nyntie tuo years

A1692/11/491

Procedure: committee

Comittee to meet with Collonell Cuninghame anent recruits

The Lords of there Majesties privie Councill Haveing heard a letter from the maister of Stair secretarie of state to Collonell Cuninghame acquanting the Colonell That His Majestie Intends to Name him In place of Sir Thomas Livingstoun to see the recruitts drawen out and determining the maner how the recruitts are to be drawen out And declareing that they are only to be taken out of the scotts regiments And out of the Scotts in Sir James Leslies regiment read in there presence wes ordered to be recorded and recomended to the Earle of Linlithgow Lord Raith Theasurer deput Lord Beilhaven and Sir Patrick Murray To meet with the Colonell the morrow at ten in the forenoon And Concert with him how these recruitts may be speedily drawen out of the scotts forces In the termes of his majesties and secretaries Letters And how they may be guairded and keeped and safely delyvered and put aboord And such other things as may be necessarie in this matter And to report to the Councill.

At Edinburgh 24 November 1692

A1692/11/491

Procedure: committee

Committee to meet with Colonel Cunningham concerning recruits

The lords of their majesties’ privy council, having heard a letter from [John Dalrymple] the master of Stair, secretary of state, to Colonel Cunningham, acquainting the colonel that his majesty intends to name him in place of Sir Thomas Livingston to see the recruits drawn out and determining the manner how the recruits are to be drawn out, and declaring that they are only to be taken out of the Scots regiments and out of the Scots in Sir James Leslie’s regiment, read in their presence, was ordered to be recorded and recommended to [George Livingston] the earl of Linlithgow, [Alexander Melville] Lord Raith, treasurer depute, [John Hamilton] Lord Belhaven and Sir Patrick Murray to meet with the colonel the morrow at ten in the forenoon and concert with him how these recruitts may be speedily drawn out of the Scots forces in the terms of his majesty’s and secretary’s letters, and how they may be guarded and kept and safely delivered and put aboard, and such other things as may be necessary in this matter, and to report to the council.

1. PC1/48, 468.

1. PC1/48, 468.

Act, 24 November 1692, Edinburgh

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A1692/11/481

Act

Act anent reports (upon Comissioners for tryeing Criminalls) to be sent to the Lords of Justiciarie or there Clerk

The Lords of there Majesties privie Councill doe hereby appoynt all Commissiones which shall be granted be the Councill for tryeing and Judgeing of Criminalls in the Countrey to bear this Clause That the Comissioners within the Space of […] after pronunceing and executeing of there sentence Report to the Lords Comissioners of the Justiciarie or to the Clerk of the Criminall court ane authentique extract under there hands of the sentence to be given upon these Commissiones and the maner of executing thereof To the effect The Same may be recorded in the books of Justiciarie which the Clerk to the Criminall Court is hereby appointed to record therein as he will be ansuerable

At Edinburgh 24 November 1692

A1692/11/481

Act

Act concerning reports (upon commissioners for trying criminals) to be sent to the lords of justiciary or their clerk

The lords of their majesties’ privy council do hereby appoint all commissions which shall be granted by the council for trying and judging of criminals in the country to bear this clause: That the commissioners within the space of […] after pronouncing and executing of their sentence, report to the lord commissioners of the justiciary or to the clerk of the criminal court an authentic extract under their hands of the sentence to be given upon these commissions and the manner of executing thereof, to the effect the Same may be recorded in the books of justiciary, which the clerk to the criminal court is hereby appointed to record therein as he will be answerable.

1. PC1/48, 468.

1. PC1/48, 468.

Act, 24 November 1692, Edinburgh

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A1692/11/471

Act

Act Vauss of Barnbarrow for Stipend

Anent the petitione Given in to the Lords of there majesties privie Councill be John Vauss of Barnbarroch Shewing That where by the tuenty third act of there majesties current parliament daited the nynteenth day of Jully Jaj vjc nyntie years and Entituled Act Concerning patronadges The said act bears that it is but prejudice to the patrones2 of there right to Imploy the vacand stipends on pious uses within the respective paroches Except where the patrone is popish In which case He is to Imploy the same on pious uses by the advyce and appointment of the presbitrie And in case the patrone shall faill in applyeing the vacand stipends for the uses forsaids He shall Lose his right of administration of the vacand stipend for that and the next vacance And the same shall be disposed on by the presbitry to the uses forsaid As the said act bears And the petitioner being undoubted patrone of the paroch kirk of Kirkander and Longcastle united in one And the said paroch kirk, kirk yaird dyckes and manse being verie much decayed in the stone work and roof and sclaitt of the said kirk As also the said manse in the walls timber and thatch thereof And both which will in a short space turne outterly ruinous except remeid be provyded And the stipend of the saids tuo paroches of Kirkander and Longcastle unitted in one as said is being vacand and3 unpayed for the mertimess terme or Last half of this current year Jaj vjc and nyntie tuo And the petitioner as patrone forsaid being willing that the forsaid termes stipend be Imployed for repairing the said kirk kirkyaird dyckes and manse as a pious use within the said paroches united as said is Conforme to the said act of parliament And therefore Craveing to the effect underwreitten as the said petitione bears The Saids Lords of there majesties privie Councill Haveing Considered this petitione given in to them be the above John Vauss of Barbarroch Subscryved be the petitioner as patrone of the above kirks of Kirkander and Longcastle They hereby allow to the petitioner the stipend of the above kirks for the Last half of the Cropt and year of God Jaj vjc and Nyntie tuo And that for repairing of the kirk kirkyaird dycks and manse of the saids paroches united in one And nominates and appoynts the said John Vanss of Barnbarroch to be factor for uplifting of the said half years stipend And ordaines him to be readiely ansuered obeyed and payed thereof be the heretors fewers wodsetters and others Lyable in payment of the samen And ordaines Letters of horning under the signet of Councill at the factors Instance againest them for that effect He produceing a decreet of Locality And in case there be none ordaines these Lyable to make payment to him of there respective proportiones of the said stipend for the said half year according as they shall be decerned be the Judge ordinarie The said factor alwayes befor extracting hereof Finding sufficient Cautione acted in the books of privie Councill That he shall Imploy the forsaid half years stipend upon the ends and uses forsaid.

Att Edinburgh the Tuenty Fourth day off November Jaj vjc nyntie tuo years

A1692/11/471

Act

Act Vauss of Barnbarroch for stipend

Concerning the petition given in to the lords of their majesties’ privy council by John Vauss of Barnbarroch, showing that where by the twenty-third act of their majesties’ current parliament, dated 19 July 1690 and entitled ‘Act Concerning patronages’, the said act bears that it is but prejudice to the patrons of their right to employ the vacant stipends on pious uses within the respective parishes, except where the patron is Popish, in which case he is to employ the same on pious uses by the advice and appointment of the presbytery, and in case the patron shall fail in applying the vacant stipends for the uses foresaid, he shall lose his right of administration of the vacant stipend for that and the next vacancy, and the same shall be disposed on by the presbytery to the uses foresaid, as the said act bears. And the petitioner being undoubted patron of the parish kirk of Kirkland and Longcastle united in one, And the said parish kirk, kirkyard dykes, and manse being very much decayed in the stone work and roof and slate of the said kirk, as also the said manse in the walls, timber, and thatch thereof, and both which will in a short space turn utterly ruinous except remedy be provided, and the stipend of the said two parishes of Kirkland and Longcastle united in one as said is being vacant and unpaid for the Martinmas term or last half of this current year 1692, and the petitioner as patron foresaid being willing that the foresaid terms’ stipend be employed for repairing the said kirk, kirkyard dykes, and manse as a pious use within the said parishes united as said is conform to the said act of parliament, and therefore craving to the effect underwritten, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above John Vauss of Barnbarroch subscribed by the petitioner as patron of the above kirks of Kirkland and Longcastle, they hereby allow to the petitioner the stipend of the above kirks for the last half of the crop and year of God 1692, and that for repairing of the kirk, kirkyard dykes, and manse of the said parishes united in one. And nominate and appoint the said John Vanus of Barnbarroch to be factor for uplifting of the said half year’s stipend, and ordain him to be readily answered, obeyed, and paid thereof by the heritors, feuers, wadsetters, and others liable in payment of the same. And ordain letters of horning under the signet of council at the factor’s instance against them for that effect, he producing a decreet of locality. And in case there be none, ordain those liable to make payment to him of their respective proportions of the said stipend for the said half year according as they shall be discerned by the judge ordinary, the said factor always before extracting hereof finding sufficient caution acted in the books of privy council that he shall employ the foresaid half year’s stipend upon the ends and uses foresaid.

1. PC1/48, 467-8.

2. The phrase ‘to Imploy the’ **scored out here.**

3. The letter ‘p’ **scored out here.**

1. PC1/48, 467-8.

Act, 24 November 1692, Edinburgh

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A1692/11/461

Act

Act Heretors of Datoun for stipend

Anent the petitione Given in to the Lords of there majesties privie Councill be John Carruthers of Holmaines undoubted patrone of the paroch kirk and pariochine of Dattoune for himself and in name and behalf of the remanent heretors of the said pariochine of Datoun Shewing That where the Church and manse of the said parochine of Datoun is almost altogether ruinous and will take a Considerable soume to build and repair the same and sieing the said Church hes been vacant for the years Jaj vjc nyntie and Jaj vjc nyntie one and the half of the cropt and year Jaj vjc nyntie tuo, The yearly stipend whereof being but about Fyve Hundreth merks or thereby And albeit the petitioner as patrone might dispose of the said vacant stipend for pious uses within the paroch in the termes of the act of parliament Yet he is Content that the saids Lords Interpose there authority And ordaine the wholl tuo years and a halfs vacant stipend to be applyed for repairing and rebuilding of the forsaid church and manse of Dattoun being a pious use within the said paroch And therefore Craveing to the effect underwreitten as the said petitione bears The Saids Lords of there majesties privie Councill Haveing Considered this petitione given into them be the above John Carruthers of Holmaynes Together with the petitioners Comissione to William Alves wreitter in Edinburgh to give in the said bill produced therewith They hereby allow to the petitioners the stipend of the above kirk of Datoun for the cropts and years of God Jaj vjc and nyntie And Jaj vjc and nyntie one And the first half of the cropt Jaj vjc nyntie tuo years And that for repairing the Kirk and manse of the said paroch of Dattoun And nominats and appoints Mr Hugh Mckendrie present minister of the said pariochine to be factor for uplifting of the saids years stipends And ordaines him to be readiely ansuered obeyed and payed thereof be the heretors fewers wodsetters and others Lyable in payment of the samen And ordaines Letters of horning under the signet of Councill at the said factors Instance againest them for that he produceing a decreet of Locality And in case there be none ordaines these Lyable to make payment of there respective proportiones of the said stipend according as they shall be decerned be the Judge ordinarie In respect the said factor hes found sufficient Cautione acted in the books of privie Councill That he shall Imploy the forsaids years stipends upon the ends and uses above mentioned.

Att Edinburgh the Tuenty Fourth day off November Jaj vjc nyntie tuo years

A1692/11/461

Act

Act heritors of Dalton for stipend

Concerning the petition given in to the lords of their majesties’ privy council by John Carruthers of Holmains, undoubted patron of the parish kirk and parish of Dalton, for himself and in name and behalf of the remnant heritors of the said parish of Dalton, showing that where the church and manse of the said parish of Dalton is almost altogether ruinous and will take a considerable sum to build and repair the same, and seeing the said church has been vacant for the years 1690 and 1691 and the half of the crop and year 1692, the yearly stipend whereof being but about 500 merks or thereby, and albeit the petitioner as patron might dispose of the said vacant stipend for pious uses within the parish in the terms of the act of parliament, yet he is content that the said lords interpose their authority and ordain the whole two years and a half’s vacant stipend to be applied for repairing and rebuilding of the foresaid church and manse of Dalton, being a pious use within the said parish, and therefore craving to the effect underwritten, as the said petition bears. The said lords of their majesties’ privy council, having considered this petition given in to them by the above John Carruthers of Holmains, together with the petitioner’s commission to William Alves, writer in Edinburgh, to give in the said bill produced therewith, they hereby allow to the petitioners the stipend of the above kirk of Dalton for the crops and years of God 1690 and 1691, and the first half of the crop 1692, and that for repairing the kirk and manse of the said parish of Dalton. And nominate and appoint Mr Hugh Mckendrie, present minister of the said parish, to be factor for uplifting of the said years’ stipends, and ordain him to be readily answered, obeyed, and paid thereof by the heritors, feuers, wadsetters, and others liable in payment of the same. And ordain letters of horning under the signet of council at the said factor’s instance against them for that, he producing a decreet of locality. And in case there be none, ordain those liable to make payment of their respective proportions of the said stipend according as they shall be discerned by the judge ordinary, in respect the said factor has found sufficient caution acted in the books of privy council that he shall employ the foresaid years’ stipends upon the ends and uses above mentioned.

1. PC1/48, 466-7.

1. PC1/48, 466-7.

Decreet, 24 November 1692, Edinburgh

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A1692/11/451

Decreet

Decreet and Denunceation The Sollicitor against officers in Sir Thomas Livingstouns regiment

Anent the Letters raised at the Instance of Sir William Lockhart there majesties sollicitor for there Highnes Interest in the matter underwreitten and Sir Patrick Murray of Saltcoats collector of the croun rents2 before the Lords of there Majesties privie Councill Mentioneing That where Captain James Murray brother to Sir David Murray of Stenhop be his bond subscryved be him as principal and […] Dicksone of Whitstait as Cautioner of the dait the tuenty tuo day of Apryll Jaj vjc nyntie tuo years The said principal and Cautioner Band and obleidged them Conjunctlie and Severallie That the said principall should Live peaceablie appear befor the saids Lords of privie Councill when called for and returne to his Confynement at Edinburgh Betuixt and the first thursday of Jully then next to come under the penalty of tuo hundreth pound Sterling In case he should transgress in any pairt of the premises Likeas Lewis Hay Late Cornet to Sir Thomas Livingstoun by his bond subscryved be him as principall and John Murray brother german to Patrick Murray of Livingstoun as Cautioner of the date the seventeinth day of Apryll Jaj vjc nyntie one years The said principall and Cautioner band and obleidged them Conjunctly and severallie That the said Lewis Hay should Live peaceably and appear befor the Lords of privie counsell when called for under the penalty of Ane Hundreth pound Sterling as the saids tuo bonds of the dates forsaid registrat in the books of privie Councill upon the nynth day of maij last As also Captain John Livingstoun by his bond subscryved be him as principall and Mr Robert Stewart junior advocat Cautioner of the date the tuentieth day of January last The Said principall and Cautioner Band and obleidged them Conjunctlie and Severallie That the said Captain John Livingstoun should Live peaceablie and appear when Called for as said is and that he should not depairt furth from the toun of Edinburgh priviledges thereof and a myle about the same under the penalty of Fyve Hundreth merks scotts And also Mr William Livingstoun of Kilsyth by his bond subscryved be him as principall and John Howstoun younger of that ilk as Cautioner of the dait the thretteint day of Jully Instant The said principall and Cautioner Band and obleidged them Conjunctllie and severallie That the said Band and obleidged them Conjunctllie and severallie That the said Mr William shall Live peaceablie and keep his confynement and not depairt furth of the toun of Edinburgh and suburbs of the same And that he shall appear befor the saids Lords of privie Councill when called for under the penalty of Ane Thousand and Fyve Hundreth pounds Sterling In Case he should transgress in any pairt of the premises Likeas Leivetennent James Murray be his bond subscryved be him as principall and Mr John Campbell brother germane to the Earle of Arguyll and Mr David Burnet merchand burges of Edinburgh as Cautioners Band and obleidged them Conjunctllie and severallie by there said bond of the date the Eleaventh day of Jullij last by past That the said Leivetennent James Murray should Live peaceablie and appear befor the saids Lords of there Majesties privie Councill when called for under the penaltie of Ane Hundreth pound Sterling As the said three Last bonds also Insert and registrat in the books of privie Councill and ane decreet of the saids Lords Interponed thereto upon the tuenty eight day of Jullij Last by past Lykewayes bears And as the saids fyve bonds all produced to the saids Lords of privie Councill hes testifyed Likeas the saids Lords of privie Councill by there act of the date the tuenty eight day of Jully Last bypast have appointed the Clerks of Councill to cause registrat the forsaids bonds And gave order and warrand to the said Sir William Lockhart there majesties sollicitor to Cause Cite the principall to compear and there Cautioners to produce them befor the saids Lords of privie Councill In Maner and to the effect unerwreitten And Anent the Charge Given to the saids principalls to have Compeared and there saids Cautioners to have produced them before the saids Lords of there majesties privie Councill at Edinburgh or where it shall happen them to be for the tyme at ane certain day bygone to ansuer to the points of the above Complaint with Certification to them If they failzie The penalties in the saids bonds should be forfaulted and the principalls and Cautioners therein should be decerned by the saids Lords there decreet To make payment to the said Sir Patrick Murray of the respective penalties Contained in the severall bonds granted be them as said is And under the paine of rebellion and putting of them to the horne with Certification to them If they failzie That there Majesties other Letters shall be direct to denunce them rebells and putt them to the horne simpliciter As the saids Letters and executiones thereof at more Length bears Which Letters being this day called In presence of the saids Lords of privie Councill and the said Sir William Lockhart there majesties sollicitor Compearing personallie for there majesties Interest as persewer who produced the forsaids registrat bonds Lybelled on And the haill defenders principalls and Cautioners forsaids being all Lawfully Cited oft tymes Called and not compearing The Saids Lords of privie Councill Haveing considered the forsaids Letters with the registrat bonds Lybelled on They have declared and hereby declare the penalties Contained in the respective bonds Granted be the saids Captain James Murray Lewis Hay Captain John Livingstoun and Leivetennent James Murray principalls and there respective Cautioners above and in the saids bonds mentioned To be forfaulted and Incurred and decernes and ordaines the haill persones principalls and Cautioners forsaids Conjunctly and severally To make payment of there penaltie Contained in there respective bonds to Sir Patrick Murray of Saltcoatts collector of ther majesties Croun rents for there Majesties use And ordaines Letters of horning on six dayes at the said Sir Patrick Murray his Instance againest the Cautioners respective above wreitten for payment of the respective penaltys Contained in the bonds of Cautionrie respective above exprest And In respect of the absence and not Compeareance of the four forsaid principalls The Saids Lords doe hereby Grant Certificatione againest these principalls And ordaines Letters of denunceatione to be direct to Messengers at armes Comanding them to pass to the mercat croce of […] and other places needfull And there in there majesties names and authority Duely Lawfully and orderly denunce the saids four principalls there majesties rebells and put them to there highnes horne be three severall blasts of ane horne as use is And escheat and Inbring all there moveable goods and gear to there Majesties use for there Contemption and dissobedience And the saids Lords doe hereby Excuse the absence of the said Mr William Livingston of Kilsyth and his Cautioner In respect Kilsyth is presently prisoner in the castle of Edinburgh.

At Edinburgh 24 November 1692

A1692/11/451

Decreet

Decreet and denunciation the solicitor against officers in Sir Thomas Livingston’s regiment

Concerning the letters raised at the instance of Sir William Lockhart, their majesties’ solicitor, for their highnesses’ interest in the matter underwritten, and Sir Patrick Murray of Saltcoats, collector of the crown rents before the lords of their majesties’ privy council, mentioneing that, where Captain James Murray, brother to Sir David Murray of Stenhope, by his bond subscribed by him as principal and […] Dickson of Whitstait as cautioner of the date 22 April 1692, the said principal and cautioner bonded and obliged themselves conjunctly and severally that the said principal should live peaceably, appear before the said lords of privy council when called for, and return to his confinement at Edinburgh between [now] and the first Thursday of July then next to come, under the penalty of £200 Sterling in case he should transgress in any part of the premises. Like as Lewis Hay, late cornet to Sir Thomas Livingston, by his bond subscribed by him as principal and John Murray, brother germane to Patrick Murray of Livingston, as cautioner of the date 17 April 1691, the said principal and cautioner bonded and obliged themselves conjunctly and severally that the said Lewis Hay should live peaceably and appear before the lords of privy council when called for under the penalty of £100 Sterling, as the said two bonds of the dates foresaid registered in the books of privy council upon 9 May last, as also Captain John Livingston by his bond subscribed by him as principal and Mr Robert Stewart, junior advocate, cautioner of the date 20 January last, the Said principal and cautioner bonded and obliged themselves conjunctly and severally that the said Captain John Livingston should live peaceably and appear when called for as said is, and that he should not depart forth from the town of Edinburgh [and] privileges thereof and a mile about the same under the penalty of 500 merks Scots. And also Mr William Livingston of Kilsyth by his bond subscribed by him as principal and John Houston younger of that Ilk as cautioner of the date 13 July instant, he said principal and cautioner banded and obliged themselves conjunctly and severally that the said band and obliged them conjunctly and severally that the said Mr William shall live peaceably and keep his confinement and not depart forth of the town of Edinburgh and suburbs of the same, and that he shall appear before the said lords of privy council when called for under the penalty of £1,500 Sterling in case he should transgress in any part of the premises. Like as Lieutenant James Murray by his bond subscribed by him as principal and Mr John Campbell, brother germane to the earl of Argyll, and Mr David Burnet, merchant burgess of Edinburgh, as cautioners bonded and obliged themselves conjunctly and severally by their said bond of the date 11 July last by past that the said Lieutenant James Murray should live peaceably and appear before the said lords of their majesties’ privy council when called for under the penalty of £100 Sterling, as the said three last bonds also inserted and registered in the books of privy council, and a decreet of the said lords interposed thereto upon 28 July Last by past likewise bears, and as the said five bonds all produced to the said lords of privy council have testified. Like as the said lords of privy council by their act of the date 28 July Last by past have appointed the clerks of council to cause register the foresaid bonds, and gave order and warrant to the said Sir William Lockhart, their majesties’ solicitor, to cause cite the principals to compear and their cautioners to produce them before the said lords of privy council in manner and to the effect underwritten. And concerning the charge given to the said principals to have compeared and their said cautioners to have produced them before the said lords of their majesties’ privy council at Edinburgh or where it shall happen them to be for the time at a certain day bygone to answer to the points of the above complaint, with certification to them if they fail, the penalties in the said bonds should be forfeited and the principals and cautioners therein should be discerned by the said lords their decreet to make payment to the said Sir Patrick Murray of the respective penalties contained in the several bonds granted be them as said is, and under the pain of rebellion and putting of them to the horn, with certification to them if they fail that their majesties’ other letters shall be directed to denounce them rebels and put them to the horn simpliciter, as the said letters and executions thereof at more length bears. Which letters being this day called in presence of the said lords of privy council, and the said Sir William Lockhart, their majesties’ solicitor, compearing personally for their majesties’ interest as pursuer, who produced the foresaid registered bonds libelled on, And the whole defenders, principals and cautioners, foresaid being all lawfully cited, often called, and not compearing, the said lords of privy council having considered the foresaid letters with the registered bonds libelled on, they have declared and hereby declare the penalties contained in the respective bonds granted by the said Captain James Murray, Lewis Hay, Captain John Livingston and Lieutenant James Murray, principals, and their respective cautioners above and in the said bonds mentioned, to be forfeited and incurred, and discern and ordain the whole persons, principals and cautioners, foresaid, conjunctly and severally, to make payment of their penalty contained in their respective bonds to Sir Patrick Murray of Saltcoats, collector of their majesties’ crown rents for their majesties’ use. And ordain letters of horning on six days at the said Sir Patrick Murray his instance against the cautioners respective above written for payment of the respective penalties contained in the bonds of caution respective above expressed. And in respect of the absence and not compeareance of the four foresaid principals, the said lords do hereby grant certification against these principals, and ordain letters of denunciation to be directed to messengers at arms, commanding them to pass to the mercat cross of […] and other places needful, and there in their majesties’ names and authority duly, lawfully, and orderly denounce the said four principals their majesties’ rebels and put them to their highnesses’ horn by three several blasts of a horn as use is, and escheat and inbring all their moveable goods and gear to their majesties’ use for their contempt and disobedience. And the said lords do hereby excuse the absence of the said Mr William Livingston of Kilsyth and his cautioner in respect Kilsyth is presently prisoner in the castle of Edinburgh.

1. PC1/48, 463-6.

2. The phrase ‘and Sir Patrick Murray of Saltcoats collector of the croun rents’ inserted above the line.

1. PC1/48, 463-6.

Act, 24 November 1692, Edinburgh

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A1692/11/441

Act

Liberation Leivetennent James Gordon

Anent the petitione Given in to the Lords of there majesties privie Councill be Leivetennent James Gordon Shewing That the petitioner wes one of these who wes apprehended and made prisoner at the rendering of the house of Feddret And hath Continowed under restraint ever since in the toun of Dundie And hade a small allowance of subsistance moeny from the Lords of the theasurie which hes not been payed since the first day of Februarij Last The present Collector refuseing payment Tho there wes never any order to the contrair And sieing all the other prisoners who rendered themselves at that tyme are set at Liberty Except the Viscount of Frendraught and aneother officer who is still prisoner with the petitioner upon baill of Fyve Hundreth merks And therefor humbly craveing that the saids Lords upon the same baill that others in his Circumstances have given or appoint Alexander Swintoun the present Collector at Dundee to pay his subsistence money since the First of Februarij Last and in tyme comeing dureing his Continowance under the restraint under restraint2 or otherwayes he will be redacted to very great Extreamities which he humbly conceaves is not the saids Lords there Intentione As the saids petitione bears The Saids Lords of there majesties privie Councill haveing Considered this petition given in to them be the above Leivetennent James Gordon They hereby give order and warrand to the magistrats of Dundie or any other persone In whose Custodie the petitioner is To sett him at Liberty In respect he hes found sufficient Caution acted in the books of privie Councill That he shall Live peaceably and with all submissione to the present government under there majesties King William and Queen Mary And that he shall not act consult or contryve any thing in prejudice thereof nor shall not converse with rebells And that he shall appear befor the saids Lords of privie Councill whenever called for, under the penaltie of Fyve Hundreth merks scotts money In case the petitioner shall transgress in any pairt of the premises.

At Edinburgh 24 November 1692

A1692/11/441

Act

Liberation Lieutenant James Gordon

Concerning the petition given in to the lords of their majesties’ privy council by Lieutenant James Gordon, showing that the petitioner was one of these who was apprehended and made prisoner at the rendering of the house of Fedderate, and has continued under restraint ever since in the town of Dundee, and had a small allowance of subsistence money from the lords of the treasury, which has not been paid since the first day of February last, the present collector refusing payment though there was never any order to the contrary. And seeing all the other prisoners who rendered themselves at that time are set at liberty, except the Viscount of Frendraught and another officer who is still prisoner with the petitioner, upon bail of 500 merks, and therefore humbly craving that the said lords upon the same bail that others in his circumstances have given, or appoint Alexander Swinton, the present collector at Dundee, to pay his subsistence money since 1 February last and in time coming during his continuance under the restraint, or otherwise he will be reduced to very great extremities, which he humbly conceives is not the said lords their intention, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Lieutenant James Gordon, they hereby give order and warrant to the magistrates of Dundee, or any other person in whose custody the petitioner is, to set him at liberty, in respect he has found sufficient caution acted in the books of privy council that he shall live peaceably and with all submission to the present government under their majesties King William and Queen Mary, and that he shall not act consult or contrive anything in prejudice thereof, nor shall not converse with rebels, and that he shall appear before the said lords of privy council whenever called for, under the penalty of 500 merks Scots money in case the petitioner shall transgress in any part of the premises.

1. PC1/48, 462-3.

2. Sic.

1. PC1/48, 462-3.

Act, 24 November 1692, Edinburgh

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A1692/11/431

Act

Act additionall Comissioners for hearth money

Forasmuch as by proclamatione of the dait the tuelth day of August Last The Laird of Scotstarvit The Laird of Balfour George Lumsden portioner of Kilreny Sir Philip Enstruther Mr Archibald Hope of Rankeillor one of the senators of the Colledge of Justice Sir John Dempster of Pitliver The Laird of Woodmilne and Sir William Bruce for the shyres of Fyff and Kinross are requyred and Comanded to meet at the heid burghes of the respective shyres forsaids upon the second Thursday of september last by past And call befor them the subcollectors nominated and appointed for the saids shyres be Mr James Melvill of Cassengray Generall collector and receaver of the hearth money who are requyred and Comanded to attend them the said day and place and take and receave from them subscryved with there hands a List of the haill hearths in these shyres as they have been collected and taken up by them with the names and designationes of such who at the terme of Candlemes Jaj vjc nyntie one years possess the houses where the hearths are And the saids Comissioners are to make choise of a persone or persones To whom they are Impowered to give order to survey the haill hearths within the saids shyres and tounes thereof alswell Inhabited as not And who were possessors of the houses and others Inhabited And who were ouners of such as were waist at the said terme of Candlemess Jaj vjc nyntie one years Except as in the said proclamatione is excepted And to make up exact Lists of the hearths in the saids houses and give in the same to the Commissioners whereof the Comissioners are to transmitt exact duplicats to the Clerks of privie Councill And all maisters of familyes are by the said proclamatione requyred and Comanded to meet at the paroch churches where they duell at the dyetts in the proclamatione And give accompt to the Comissioners what hearth money they have payed and what deficiencie to the Collectors in the bounds where they Live And the Commissioners are to make exact Inventar and accompt thereof and transmitt the same subscryved by them with duplicats of the Lists abovementioned to the Clerks of Councill betuixt and the second Thursday of november Last And the saids Lords Considering that the persones abovenamed will be too few for the saids shyres of Fyff and Kinross They hereby nominate and appoint the Lord Yester Sir Charles Hacquet of Pitfirren Sir John Dempster of Pitliver Sir Alexander Bruce of Broomhall Alexander Spitle of Leuchat […] Wardlaw of Pittrevie and […] Robertson of Newbigging for the tuo westerne presbitryes of the said shyre of Fyff And nominats and appoints the saids Lairds of Scotstarvit and Balfour The said George Lumsden Sir Philip Enstruther Lord Rankeillor and Laird of Woodmilne for the tuo Easterne presbitryes of the said shyre And the said Sir William Bruce for the shyre of Kinross Requyreing and Comanding the haill Commissioners and forsaids persones to be Imployed for surveying the hearths and alse the Subcollectors of the hearthmoney And the haill maisters of familyes within the respective bounds forsaids and all others Concerned to give exact obedience to the contents of the said proclamatione in everie point as is thereby requyred with this alteratione that the saids Commissioners of Fyff Shyre are hereby appointed to meet as followes viz such of the saids Comissioners as are for the westerne presbitryes at such a place and upon such a day as the said Lord Yester (whom the saids Lords doe hereby nominate to be Conveener) shall appoint for there first meeting And therefter at such places and upon such dayes as the saids Comissioners shall appoint And the Commissioners for the Easterne presbitries of Fyff are to meet at Coupar upon such a day as the Laird of Scotstarvit (whom the saids nominates to be Conveener) shall appoint for the first meeting And therefter at such places and dayes as the saids Comissioners shall appoint And the said Sir William Bruce is to meet at Kinross for the first dyet And therefter at such places and upon such dayes as he shall appoint And to returne to the Clerks of privie Councill the duplicats of the Lists and exact Inventars and accompts of the hearth money and deficiencie as by the said proclamatione is appointed betuixt and the tuenty eight day of Januarij Jaj vjc nyntie three years as they will be ansuerable.

At Edinburgh 24 November 1692

A1692/11/431

Act

Act additional commissioners for hearth money

Forasmuch as by proclamation of the date 12 August last, the laird of Scotstarvit, the laird of Balfour, George Lumsden, portioner of Kilrenny, Sir Philip Anstruther, Mr Archibald Hope of Rankeilour, one of the senators of the college of justice, Sir John Dempster of Pitliver, the laird of Woodmill, and Sir William Bruce for the shires of Fife and Kinross are required and commanded to meet at the head burghs of the respective shires foresaid upon the second Thursday of September last by past, and call before them the sub-collectors nominated and appointed for the said shyre by Mr James Melville of Cassingray, general collector and receiver of the hearth money, who are required and commanded to attend them the said day and place and take and receive from them subscribed with their hands a list of the whole hearths in those shires as they have been collected and taken up by them, with the names and designations of such who at the term of Candlemas 1691 possess the houses where the hearths are. And the said commissioners are to make choice of a person or persons, to whom they are empowered to give order, to survey the whole hearths within the said shires and towns thereof, both inhabited and not, and who were possessors of the houses and others inhabited, and who were owners of such as were waste at the said term of Candlemas 1691, except as in the said proclamation is excepted, and to make up exact lists of the hearths in the said houses, and give in the same to the commissioners whereof the commissioners are to transmit exact duplicates to the clerks of privy council. And all masters of families are by the said proclamation required and commanded to meet at the parish churches where they dwell at the diets in the proclamation, and give account to the commissioners what hearth money they have paid and what deficiency to the collectors in the bounds where they live. And the commissioners are to make [and] exact inventory and account thereof, and transmit the same subscribed by them, with duplicates of the lists abovementioned, to the clerks of council between [and] and the second Thursday of November last. And the said lords, considering that the persons abovenamed will be too few for the said shires of Fife and Kinross, they hereby nominate and appoint [John Hay] the Lord Yester, Sir Charles Hacquet of Pitfirrane, Sir John Dempster of Pitliver, Sir Alexander Bruce of Broomhall, Alexander Spitle of Leuchat, […] Wardlaw of Pitrevie, and […] Robertson of Newbiggin for the two western presbyteries of the said shire of Fife, and nominate and appoint the said lairds of Scotstarvit and Balfour, he said George Lumsden, Sir Philip Anstruther, Lord Rankeilour, and laird of Woodmill for the two eastern presbyteries of the said shire, and the said Sir William Bruce for the shire of Kinross, requiring and commanding the whole commissioners and foresaid persons to be employed for surveying the hearths and as the sub-collectors of the hearth money, and the whole masters of families within the respective bounds foresaid, and all others concerned, to give exact obedience to the contents of the said proclamation in every point as is thereby required, with this alteration, that the said commissioners of Fife are hereby appointed to meet as follows viz such of the said commissioners as are for the western presbyteries at such a place and upon such a day as the said Lord Yester (whom the said lords do hereby nominate to be convener) shall appoint for their first meeting, and thereafter at such places and upon such days as the said commissioners shall appoint. And the commissioners for the eastern presbyteries of Fife are to meet at Cupar upon such a day as the laird of Scotstarvit (whom the said [lords] nominate to be convener) shall appoint for the first meeting, and thereafter at such places and days as the said commissioners shall appoint. And the said Sir William Bruce is to meet at Kinross for the first diet, and thereafter at such places and upon such days as he shall appoint, and to return to the clerks of privy council the duplicates of the lists and exact inventories and accounts of the hearth money and deficiency as by the said proclamation is appointed between [now] and 28 January 1693 as they will be answerable.

1. PC1/48, 461-2.

1. PC1/48, 461-2.