D1704/4/1
D1704/4/12
Procedure
The Councill meet and did noe privat bussiness
1. NRS, PC2/28, 285v. No sederunt recorded.
2. NRS, PC2/28, 285v.
1. NRS, PC2/28, 285v. No sederunt recorded.
2. NRS, PC2/28, 285v.
A1704/4/8
A1704/4/81
Decreet
Anent The Lybell or Letters of Complaint raised and perseued befoir the Lords of Her Majesties privie Councill at the Instance of John Blair agent for the Kirk And Sir James Steuart Her Majesties Advocat By speciall ordor of privy Councill and for Her highness Intrest Mentioning That where By the Lawes and Acts of parliament All sherriffs and there Deputs ought to mentain the Lawes and see the same duely Execute and ought more especially to concurr and give there assistance for mentaining of the Lawes establishing the present Church Government and for hindering all attempts and Incroachments against the same conterar to the said Lawes as being of speciall Import to the pace and quiet of the Kingdome As Lykewayes they ought to use there best and outmost Endevours to preserve the pace prevent tumults and Rablings and punish the same when they happen with all Impartiallity and severitie And above all ought to administrat Justice Impartially amongest all pairtes according to the trew intent of the Law and for punishing the guilty and Assolzeing of the Innocent or other wayes if they failzie in there duety in the premisses ought to be depryved and other wayes punished conforme to the Demerit Nevertheless It is of verity That the Church of Dinguall falling to vaike in the moneth of January last And the presbitrie haveing appoynted Mr William Steuart one of their number to supplie the said vaccancie He comeing there upon the sabbath morning in paceable manner and was assaulted by a Rable and forcibly shut up in his own Chamber untill that Sir Robert Monro of Foulis and some others of the nighbouring paroch of Kilterane wherof Mr William is Minister Comeing to Dinguall to hear there oun Minister there and understanding he was shut up and attackt him Came to relive him And haveing thereafter brought him to the Kirk and made access for him to preach The forsaid Rable Did still continue to Interrupt the worship and prophane the Lords day and gitting assistance from ill disposed nighbours Did at length forceibly Invade the Kirk frighted away the people threatned the Minister in the pulpit and by plain threats and force drove him out of the pulpit And then as he was withdrawing throw the Church yeard attackt him againe And these of his hearers who were desireous to protect and save him so that they not only laid hold on him But by battons, staves and stones Beat and bruised severall persones in a most atrocious manner Wherby there was a most violent and insolent ryot committed at the said Kirk of Dinguall on the said Lords day to the manifest prophanation of the sabbath and breack of the pace And particular Injuries done to severall person’s All which being quickly that same or the nixt day made knowen to Mr George McKinzie Inchculter shirriff Deput He was so farr from discurradgeing and punishing (As he ought to have done) The forsaid Rablers and Ryoters that in the first place supposeing that the presbitrie might send the nixt Lords day to supplee the said vaccancie at Dinguall And that Sir Robert Monro and some of his people might repace thither as they had done and very Laufully The very Lords day preceeding He Joyning with the Lord McCleod write a Letter to Sir Robert in these termes Wee are sorrie to hear2 that the Disorder The last Lords day at Dingwall was occasioned by yow and your tennendrie and followers And we doe requyre yow that neither ye nor nor3 any of your tennendrie or followers come to Dinguall the nixt Lords day to shun any farder Disorder or breach of the pace As yow shall be answerable This is the advyce of your most humble servants Mcleod George McKinzie As the forsaid Letter ready to be produced Daited the Tuenty first of the said moneth January and directed to the said Robert Monro Bears Wherby it is evident That the said Sherriff Deput Chairges the said Sir Robert and his men as the occasion of the said Rable Though boeth Innocent and the only persones that suffered by it And Farder That they had prevented it to goe to a greater excess of violence as in all appearance it would As Lykewayes The said Sherriff presumed upon that pretext to restrain them in boeth ther Civill and Religious Libertie and commanded them at his oun hand to forbear so much as goeing to Church as they would be answerable But Secundo The said Sherriff Deput who could not be Ignorant of the forsaids Rebells how raised and carried on and what mischeiff it had done yet goes on to sett a Court and to receave a Lybell at the Instance of his oun procurator fiscall againest Sir Robert Monro and a great many of his men as guilty on the account forsaid of ane unlaufull convocation and a great ryot of Batterie and blood albeit he knew And it was nottour that Sir Robert and his men had Innocently followed there oun Minister to hear sermon in Dinguall the nixt adjacent kirk where he was to preach and that they were so farr from haveing done any Injurie That they only relived the Minister and brought him out saiflie to the kirk and were hearing quietly when againe assaulted and cheassed away and the Minister dragged or driven from the pulpite and that when they and the Minister were endevouring to withdraw from farder skaith They were againe assaulted Beat and bruised and that nothing happened to the pretended persewars but through ther owen default and by ther oun procurement so that this procedure of the sherriff Deputs was in effect a manifest scorne of Justice to encurradge the Rablers and Ryoters and oppress the Innocent sufferers And yet when Sir Robert and his men appeared and represented the matter as it was And Therfore declyned the sherriff as in a matter so nearlie concerning the constitution of the Church and quiet of the state and therfor proper for the privie Councill The shirriff refuised the declinator and still sustained himself Judge as to the Royt blood and Batterie and only remitted the matter of the Convocation to the privie Councill Which was yet a farder scorne of Justice It haveing been certainly his deuty to try and cognose the blood with als weell as the blood and withall Imposible to distinguish right from wrong without considering and takeing tryall of the convocation and ryse and manner therof That he might know how the ryot Batterie and blood happened and who was guilty and who Innocent Which by seperating the matter of the convocation from the ryot Batterie and blood he could never Justlie doe And yet the said sherriff deput proceeded farder to put Sir Robert and the rest of the defenders under arreist untill they should find caution To Compear befoir the Councill and answer for the Convocation in the mean tyme he intends to proceed in the rest of the proces And thus tertio he sustaines the lybell at his procurator fiscalls instance againest Sir Robert and all the rest of the defenders for a pretended ryot Batterie and blood albeit they were the only Innocent and suffering persons and though that Sir Robert and the rest of the defenders had declyned and were absent yet he assignes them a new day and without farder prooff But holding them as confest though still without any summonds pro Confesso He fynes them as for blood in Fiftie pound the man which amounts to the soume of Five thousand merks ane unheared of oppression For albeit he could have proceeded Laufullie yet since they had declyned and were absent he could only have unlaued them in Ten pound for three absence Secundo The ryot was not duely cognosied nor any probation by witneses though there was no penurie taken therin But all the defenders though absent held as confest and that without any summonds pro confesso and in a matter so purely criminall all which is conterary to the common rules of Justice Nor Quarto Did the sherriff deput regaird that Sir Robert as a Justice of pace had warrantablie made the Church doors patent and that haveing acted in that capacity he was only comptable to the privie Councill and not subject to the sherriff deputs cognition Quinto The Sherriff Deput did also act most unjustly and unwarrantablie in alloweing citations againest the pairtes upon fewer then fyfteen dayes and in amatter purely Criminall But so litle was this regairded that though it was the winter season and many of the defenders at a distance and some of them haveing a large ferrie interjected yet they were summonded to Compear at Fortross where the Court was held upon Fourtie eight hours warning and some of them upon tuenty four hours and that under the certefication of being denounced Fugitives as guilty of ane unlaufull Convocation and ryot By all which it is evident that the said sherriff deputs procedure was most unjust and illegall and plainly tending to oppress the innocent and incurradge Rablers disturbers and prophaners of the Lords day to the manyfest prejudice boeth of Church and state off which the said sherriff deput and George Grahame his fiscall and Heugh Baillie his Clerk Being all guilty airt and pairt They ought not only to Compear Bringing with them the forsaid proces grounds and warrands with all the records relative therto But the same being proven they ought to be Decerned in the soume of Three Hundereth pounds sterling of Damnages to the forsaid Sir Robert Monro and the other Deffenders oppressed as said is and also punished by Deprivation and being declaired uncapable in tyme comeing and farder in ther persones and goods As the Lords of Her Majesties privie Councill shall see cause to the example and terror of others to committ the lyke in tyme Comeing And anent The Chairge given to the saids defenders To have Compeired befoir the Lords of Her Majesties privie Councill upon the day and date of thir presents To have answered to the forsaid Complaint And to have heard and seen such order and course taken theranent as appertaines As the Lords of privie Councill shall think fitt under the pain of Rebellion and putting of them to the horne with Certefication As in the Lyble or Letters of Complaint and Executiones therof at more length is Contained Which Lyble being upon the day and date of thir presents Called And the said persewar Compearing with Sir James Stewart Her Majesties Advocat And Sir David Dalrumple4 Her Majesties Solicitor his Advocats And the haill defenders Compearing also personallie at the barr with Sir David Cunynghame Sir James McKinzie and Mr Alexander Mcleod ther Advocats And the Lyble with answers therto being read And boeth pairtes and there Lauiers fully heard at the barr and remov’d The Councill delayes the advyseing the above lybell till the proces and Lybell of Convocation againest Mcraes be Called and Discust And in the mean tyme allowes the haill Deffeenders to returne to their respective homes and not to attend the Councill till they be of new advertised And Commands and Ordaines The said Sherriff Deput and Magistrats of Dingwall to make the Kirk doors open from tyme to tyme And to give all due encurragement concurrance and assistance to the presbitrie of Ross or the Ministers to be appointed by them In supplieing the vaccance of the Church of Dinguall And in declairing the same vaccant and planting the same Conforme to Law and in preserving and protecting the Ministers in the paceable dischairge of their duety theranent from tyme to tyme As they will be answerable on their highest perrill.
1. NRS, PC1/53, 219-223.
2. The phrase ‘to hear’ is an insertion.
3. Sic.
4. Sic.
1. NRS, PC1/53, 219-223.
2. The phrase ‘to hear’ is an insertion.
3. Sic.
4. Sic.
A1704/4/7
A1704/4/71
Decreet
Anent The Lybell or Letters of Complaint Raised and persewed befoir the Lords of Her Majesties privy Councill At the instance of John Blair Agent to the Kirk And Sir James Steuart Her Majesties Advocat and by speciall ordor of privy Councill for Her highness intrest Mentioning That where By the Fifth Act of the parliament Jaj vjc and Nynty Entituled Act Ratefieing the Confession of faith and settling presbiterian Church Government of Christs Church within this Kingdome Which is also thereafter severall tymes ratified And particularly by the second Act of the parliament Jaj vijc and Three Wherby in the caice of vaccance of any particular paroch within the bounds of any presbitry The cair and Cure of the said paroch Doeth desolve upon the presbitry for the supplieing and planting thereof In consequence whereof The Lords of Her Majesties privy Councill Have Ordained such vaccant Churches to be patent and the Keys therof delyvered to the said presbitrie Lykeas By the Act of parliament Jaj vjc and Nynty Eight Entituled Act for preventing disorders in the supplieing and planting of vaccant Churches for remeading the Godless abuse of Rableing that soe frequently happens in opposition to Ministers orderly sent to supplee vaccant Churches All persones are strictly prohibit and Dischairged to make any opposition by Rabble and Tumult or any other manner of violence to any Ministers Laufull authorized and sent to supplie the said vaccancie And that under the paine of Ane Hundered pound upon every heretor or Liferenter and of Fyfte merks upon any other unlanded person toties quoties And that such as are not able to pay that they be punished in their persones As the Lords of privie Councill shall see cause Lykeas for the better Repressing of the said Rableing and violence The seventh Act of Parliament Jaj vjc and Nyntie three Entituled Act anent invading of the Ministers is Ratified and therto Extended with the alteration’s contained in the said Act, Jaj vjc Nynty Eight Lykeas By the same Act the proclamation Off Councill made in the year Jaj vjc and Nyntie for the delyvering of the Keyes of the vaccant Churches to the presbitries or their order is also Ratified and full provision made for the better Execution thereof And Farder by the Act of parliament Jaj vjc and Eighty seven Entituled Act for punishment of troubles of the Kirk and Invaders of Ministers It is statute That whosoever shall preturb the order of the Kirk in tyme of Divine service or to make any tumult Raise any fray aither in the Kirk or Kirkyard wherthrow the people Conveened shall happen to be Disordered troubled or Dispersed The persons convict thereof shall tyne all their moveable goods as Escheat But prejudice of greater punishments if there happen any greater offence And Farder That whatsoever person or persons Invades any Minister or puts any violent hand on him for any forged Quarrell shall be punished therefore with all Rigor And shall incurr the Tinsell and Escheat of all their moveables Lykeas by severall Acts of parliament The prophanation of the Lords day Is most strictly prohibit under the paines therin mentioned. Nevertheless It is of verity That the persones afternamed are guilty of transgressing the forsaids Laues and Acts of parliament in manner aftermentioned Insoe farr as Mr John McRae late incumbent at Dingwall haveing deceased And the Kirk and paroch thereof becomeing therby vaccant The united presbitries of Ross and Sutherland haveing meet in January Last Did Appoint Master William Steuart Minister at Kiltearn the nixt adjacent paroch to Dingwall and one of their ouen number to supplee the said vaccancie The nixt Lords day Wherupon the said Mr William Did on Saturday the fyfteenth of the said moneth send a Letter to the magistrats of Dingwall signifieing to them the said appointment To which answer was Returned by John Dinguall late baillie and one of the Councill of the said burgh That Mr William should be als welcome as any of that sort of Ministers And the nixt day being the Lords day Mr Steuart Came to the said John Dinguall haveing non but a servant with where as he thought he was weell receaved and directed by the Mistres of the house to ane utter Chamber But perceaving a Rable of women and others about the Church some hours befoir the ordinary tyme of worshipe he called for his Landlord But he could not be had Which moved Mr Steuart to send one Alexander Monro of Killachon on of his owen parochiners (who had followed him to hear sermon) To the Magistrats to tell him That if they had any regaird to God to him or themselves They should come and speak with him and Composs the Tumult But non of them were to be found Thereafter a multitude of women amongest them were Barbara Bayne spouse to George McKinzie late Baillie of Dingwall Margaret Kemp spouse to John Dingwall late Baillie there and Mistres of the house where Master Steuart was Lodged Isobell Dinguall spouse to Collin Matthieson Toun Theasaurer there, Janet and Isobell Dingualls daughters to the deceast Donald Dingwall sometyme Baillie there Being ringleaders of the Rable Came with battons and stones and Clodds and surrounding the Ministers Chamber made his utter door fast with naills And when Mr Steuart Challenged them for so nailing his door he was answered with Reveyling Languadge and goeing to a window to speak with the multitude if possible he could appease them he was meet with a shour of Clodds and stones Which Rable and Fray was raised that morning principally by on Murdoch McKinzie vic Curriohie nephew to Ronald Dingwall shirriff officer who came early to Dingwall and warned all the women in and about it To Randevouze at the Brigend of Dingwall to oppose the Whiggs as he said and that he was ordered to doe soe under the paine of being Fynes Mr Steuart the Minister being in this plight and bearing that Sir Robert Monro of Foules a Justice of pace and some others out of his owen paroch of Kiltearne were come to hear sermon He cryed and requyred the said Sir Robert to make access to the Church in the most paceable manner that the people that were come to hear might enter And that thereafter he should come and relive him Sir Robert was opposed by the said Rable Maltreating and beating his servants Especially at their entrie to the Church yaird Five severall men and women conveened therfore in another Lybell And notwithstanding that Sir Robert requyred them in Her Majesties name not to interrupt access to the Kirk But there was noe access given untill Sir Robert ordered some person’s to goe in at a window which had neither Glass nor stainchell and remove the barrecade from behind on doore of the Church The other door being so strongly bolted and fastned with naills That it could not be moved after this Sir Robert goeing to relive Mr Steuart The Minister as he brought him from the house to the Kirk They were persewed by the Rable specially by the afoirsaid Margaret Kemp and Isobell and Jannet Dinguall’s casting ston’s cloodds and dirt at them And when the worship was begun and almost finished such was the mischeif of the Rablers that they had gathered a Companie of armed men from the Countrie about amongest whom were as cheif Ringladers John Mcrae Alister Oig Heugh Mcrae father to the said deceast Master John Mcrae late incumbent at Dinguall Kenneth Mcrae brother german to Ferquhar Mcrae of Innermett […] Mcrae sone to Christopher Mcrae brother german to the said Deceast Mr John Mcrae All four in the paroch of Kintaill and Murdoch Mcgilichallum in Achonnochie in the paroch of Uray Who comeing with there accomplices with stafs forks and Kebbars so alarmed the people in the Kirk and at worship That they were all disturbed and freighted out of Church Except the Minister and a few with him And then the persons abovenamed seeking to enter upon pretence that they were comeing to attend the worship so soon as entred Haveing only short Coats and arm’s in their hands The said John Mcrae vic Alister Came up to the door of the pulpit and presented a pistoll to the Minister threatning to kill him untill stopt by some of the hearers Wherupon the rest of the armed men approached nearer and scrambleing over the seats to the pulpit with minaceing countinances and arm’s in ther hands They commanded Mr Steuart to come doun and be gone Which constrained him to reteir while some of his hearers put a stopt to ther furie After which as the Minister was withdraweing throw the Church yaird a Companie of his hearers Incloseing him for his preservation that they might goe of in pace The Rable now greatly increased prest upon them beating them sevearly and forceing there way as they could to git hold of Mr Steuart the Minister And then some of them comeing up to him shook him by the breast with threats and arm’s in their hands till he was rescused by some of his ouen hearers and others of the Rablers gript him by the Cloak and drew him so hard that he was in hazerd to be choakt untill he was forced to slip the cloak to git away in the throng But he was not gone many paces when the Rable againe persewed him and overtook him aiming many stroaks at him Which if not receaved by some of his hearers about him had beat him doun so that the Minister finding himself lyke to faint through the violence he had suffered, prayed some Gentlemen his freinds to cary him of any way which was done Mean whyll The people who came to the worship being exhorted by the Minister and Strictly Commanded by the said Sir Robert Monro to forbear all violence were some of them beaten with staves others with stones and others bruised and wounded to the effusion of their blood As particularly John Ross in Wester Foulis sorely wounded with a sten in the foirhead The young Laird of Foulis hurt with a stone in the arme And the Minister himself got many stroaks Nor did the Ladies and Gentlewomen Escape their furie particularly the young Lady Callodin Mistres Christian Monro Mistres Anne and Margaret Monroes sisters German to the said Sir Robert Monro Mistres Lucia Dumbar daughter to the deceast Laird of Burgie Mistres Kathrine Monro spouse to Lamlair Kathrin Monro spouse to William Mcoloig in Foulis all either wounded Bruised or misused with myre and dirt And such was the barbarity of the women Rablers that they were heared to cry that all the women that came to the worship should be ravished and the men Rablers lye with them And Farder these Rablers cryed Loudlie and frequently King Willie is now dead and that there King was alyve but that King Willie was dead Nor was this Rable only of these of the toun and the paroch off Dinguall But the Convocation and Convention was from severall other paroches As the paroch of Urqwhart and Logie Wester and the paroch of Fodderlie so that there were severall Hundereds therin engaged And that soe much the more remarkable That untill this short tyme all the vaccant Churches thereabout Did submitt quietlie to the presbitrie and Divyne ordinances And even the people of Dingwall tho under ane Episcopall incumbent yet Kenneth McKinzie present Baillie and John Dinguall late Baillie there Desired the said Mr Steuart to preach to them signefeing they would send and Invite him if he might be prevailed with Which plainly Enough Intimats That this Extraordinary tumult hath been raised boeth by Instigation and upon designe and therefore to be the more strictly noticed Lykeas The Lords of our privie Councill after Informatione receaved Did ordor the prosecution therof But in respect of of2 the distance of the place and of the season favourable appointed that the foirnamed person’s Ring leaders ought to be first Called and Conveened with all Dilligence But the rest remitted to a longer day By all which it is evident That the foirnamed persons viz Barbara Bane Margaret Kemp Jannet and Isobell Dingualls Murdoch McKinzie vic Currichie John Mcrae Murdoch Mcqillichallum are all guilty airt and pairt of a most atrocious Rable ryot and Tumult And of most gross prophanationes of the Lords day and most violent Disturbance of the people Conveened in worshipe boeth in Kirk and Kirk yaird and of the transgressions of the Lawes above mentioned All which or any pairt therof being proven befoir the the3 Lords of Her Majesties privie Councill They ought to be not only Decerned in the soume off Five Thousand merks of Damnages But als sevearly punished by the pains of Law in their persones and goods to the example and terror of others to Committ the lyke In tyme Comeing And Anent The chairge given to the saids Defenders To have Compeired befoir the Lords of Her Majesties privie Councill upon the day and date of thir presents To have answered to the forsaid Complaint And to have heard and seen such order and Course taken thereanent as appertains As the saids Lords of privy Councill shall think fit under the pain of Rebellion and puting of them to the Horn with Certefication As in the Lybell or Letters of Complaint and Executiones therof at more length is Contained Which Lybell Being upon the day and date of thir presents Called And the persewar Compeiring personally at the Barr with Sir James Steuart Her Majesties Advocat And Sir David Dalrumple Her Majesties Solicitor And the Defenders being absent oftimes Called and not Compeiring The Lords of Her Majesties privy Councill In Respect of the saids Defenders there absence and not Compearance as said is Have granted certefication againest them And for that effect Ordaines Letters of Denouncation To be direct to Macers or Messingers at arm’s Commanding them to pass To the mercat Cross of […] And there In Her Majesties name and authoritie Duely Laufully and orderly Denounce the haill foirnamed persons Defenders absent and not Compeiring as said is Her Majesties Rebells And put them to Her Highness horn And ordaines all their moveable goods and gear To be Escheat and inbrought to Her Majesties use for their Contempt and Disobediance And superceeds extract of the said Decreit of Certificatione till the first Tuesday of June nixt to Come.
1. NRS, PC1/53, 214-19.
2. Sic.
3. Sic.
1. NRS, PC1/53, 214-19.
2. Sic.
3. Sic.
A1704/4/6
A1704/4/61
Decreet
Anent The Lybell Or Letters of Complaint Raised and persewed befoir the Lords of Her Majesties privie Councill At the instance of Sir James Steuart Her Majesties Advocat for Her highness intrest in the matter underwrittin Mentioning That where By diverse Lawes and Acts of parliament Made for secureing the pace and quiet of the Highlands and Countries adjacent and keeping good order within the same And particularly by the Nynty Thrid Act of the Eleventh parliament King James the sixth It is statute and ordained That all Land lords and Baillies of Lands in the Highlands where broken men duelt or does dwell should be chairged To find sufficient Caution and sovertie Landed men in the In-Countrie To the contentment of His Majestie and his privie Councill within Fyfteen dayes nixt after the Chairge under the pain of Rebellion and if they failzie To put them to the horne In manner aftermentioned That is to say If any of their men tennents servants or Indwellers upon their Lands Roomes steedings or possessiones or within their Baillieries Committs any mastery Reiff, Theiffs or Resett of Theiffs Depredationes open and avoued fire raisings open deadly feads That the Land Lords and Baillies on whose Lands and in whose Jurisdictiones they dwell shall bring and present the persones Complained of To Justice to abide tryall and underlye the Law for the same And that the saids Land Lords and Baillies be debt bound to satisfie the pairty skaithed And to refound content and pay to them their heirships and skaiths of their oun proper goods and Lands according to the availl and quantitie taken from the Complainer As the samen shall be modefied in manner and upon the termes mentioned in the said Act And Sykelyke By the Threety nynth Act of the fourth Session of King William’s Parliament His Majestie and the Estates of parliament Considering that the extending of the Acts made anent Clanns and their Cheiftans for the more effectuall repressing Thifts and Depredationes in the Highland’s May also be singularly usefull for preserving the publict pace Did Therefore by the said Act Extend the same to the cause of the publict pace and for preserving thereof alse weell as the caice of the saids Thifts and Depredations As the saids Acts at Length bears And Whereas The Lords of Her Majesties privy Councill By their Act of the date The seventhteen of March Instant In persewance of the forsaids acts of parliament Have found it necessary That the persones underwrittin shall be cited in manner specified in the saids Acts of parliament To the day particularly aftermentioned Therfore Necessary it is That the Complainer have Letters Direct at his instance againest them To cite them To Compeir befoir the saids Lords of Her Majesties privy Councill And bring with them and find sufficient Inland Caution in manner specified in the forsaids Acts of parliament And Because It may be pretended by sundrie of the saids persones who shall be Chairged To find the Caution forsaid That they cannot saifly appear befoir the saids Lords without protection to them for such a Compitent tyme As the Lords of Her Majesties privy Councill shall think fitt That therefore the saids Lords would be pleased to Declair That the Coppie to be given thereupon shall be a sufficient protection to each of the saids person’s from all Civill debts for Ten dayes befoir the day of Compearance And Fyfteen dayes thereafter Conforme to the Exception of the Act of parliament Jaj vjc and Eighty one anent protectiones And anent the Chairge given to Duncan Mcphearson of Clunie Defender To have Compeired befoir the Lords of Her Majesties privy Councill upon the day and date of thir presents To have answered to the foirsaid Complaint And to have heard and seen such order and course taken thereanent As appertaines As the saids Lords of privy Councill shall think fitt under the pain of Rebellion and putting of him to the horn with Certefication As in the Lybell or Letters of Complaint and Executiones thereof at more Length is Contained Which Lybell Being upon the day and date of thir presents Called And the persewar Compearing personally at the Barr and Duncan McPhearson defender absent And the Lybell with a petition by the Defender and ane testificat on soule and Conscience under the hands of the Minister and Elders of the place Being read The Councill appointed and ordaines The Defender to give Bond in the termes of the Lybell under the penalty of Three Thousand merks scots money And allowes The Clerks of privy Councill To receave the Laird of Grant as Cautioner for him And doe excuse his absence in regaird of the Indisposition attested by the forsaid Testificat.
1. NRS, PC1/53, 212-14.
2. The words ‘The Agent for the Kirk’ have been scored out at this point in the MS.
1. NRS, PC1/53, 212-14.
2. The words ‘The Agent for the Kirk’ have been scored out at this point in the MS.
A1704/4/5
A1704/4/51
Procedure
The Oath of Alleadgence sworn and the samen with the assurance signed by John Duke of Argyle And Thomas Lord Dupline In presence of Ane Scotts Councill Att St James’s Her Majestie present And attested by the Lord high Chancellour the Eighteen day of December Jaj vijc and Three years Being read In presence of the Lords of Her Majesties privie Councill was ordered to be Recorded And his Grace and the said Viscount marked in the Rolls as privie Councellors Whereof the tennor followes
I […] Doe sincerely promise and swear that I will be faithfull and bear true alleadgence to Her Majestie Queen Anne So help me God sic subscribitur Argyll Dupplin
I […] Doe in the sincerity of my heart Assert acknowledge and Declair that Her Majestie Queen Anne Is the only Laufull undoubted Soveraigne of this Realme as weell Jure that is of right Queen; As de facto that is in the possession and Exercise of the Government and Thairfor I Do sincerely and faithfully promise and Engage That I will with heart and hand, Life and goods maintain and defend Her Majesties titule and Government Against the pretended Prince of Wales (now takeing upon him the Title of King of this Realme) And his adherents and all other enemies who either by open or secret attempts shall disturb or Disquiet Her Majestie in the possession and Exercise thereof Sic Subscribitur Argyll Dupplin.
At St James’s the Eleventh day of December 1703
This day (Her Majestie being present in her Scots Councill) John Duke of Argyle and Thomas Lord Duplin Did swear the oath of Alleadgence and subscryve the samen with the assurance As members of Her Majesties privy Councill of Scotland sic subscribitur Seafield Cancellar.
1. NRS, PC1/53, 211-12.
1. NRS, PC1/53, 211-12.
A1704/4/4
A1704/4/41
Procedure
There being ane Draught of ane proclamation Giveing into the Councill by the Taxsmen of the Excyse They heirby Nominat and Appoint The Lords of Theasaury with the Lord Advocat To be a Committee to consider the samen And Recommends to the said Committee to meet to Morrow morning at Ten of the Clock foirnoon And Declaires any two a Quorum And to report nixt Councill day
1. NRS, PC1/53, 211.
1. NRS, PC1/53, 211.
A1704/4/3
A1704/4/31
Procedure
The Lords of Her Majesties privy Councill Considering that it may be for Her Majesties service and the service of the Government That Captain Ouen Commander of Her Majesties Man of Warr The Rochester continue for some tyme in the Road of Leith Whyll the Recruits for Her Majesties Regiments serving aboard be Compleatly made up and shipped aboard the shipps under his Convoy Doe Recommend to the said Captain Ouen Commander of the Rochester Man of Warr To remain and Continue in the Road of Leith by the space of Tuelf dayes for Her Majesties speciall service as said is for receiveing aboard the shipps under his Convoy The Recruits for the Regiments above mentioned Which are heirby Ordained all to be shipped within the space forsaid And Farder Recommends to the Lord Chancellour To speak with Livetennent Generall George Ramsay Commander in Cheiff of Her Majesties forces within this Kingdome To ordor the Captains of the two Independent Companies To have the lyke number off men as were to be drawen out of their respective Companies in readines and sent up to Leith within the said Tuelf dayes at farthest
1. NRS, PC1/53, 210-11.
1. NRS, PC1/53, 210-11.
A1704/4/2
A1704/4/21
Warrant
The Earle of Eglingtoun Haveing receaved from the Lords Justices of Ireland ane Letter in answer to the Councill To the Lord Livetennent of Ireland Anent ane scotts shipe seized there Did Communicat the samen to the Councill And the samen togither with ane Letter from the Lord Mayor of Londonderry To the Irish secretarie to which it relaits Being read in presence of the Lords of Her Majesties privy Councill The saids Lords Appoints the samen to be laid by untill all pairtes concerned give ane particular Information thereof to the Councill
1. NRS, PC1/53, 210.
1. NRS, PC1/53, 210.
A1704/4/1
A1704/4/12
Sederunt
Lord Chancellor; Earl of Buchan; Earl of Eglingtoun; Earl of Finlatter; Earl of Roseberry; Earl of Glasgow; Earl of Hopetoun; Viscount Primrose; Lord President of Session; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Phesdo; Mr Fra: Montgomery; Laird of Collingtoun; Laird of Caverse; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh
1. NRS, PC1/53, 210.
2. NRS, PC1/53, 210.
1. NRS, PC1/53, 210.
2. NRS, PC1/53, 210.