Tag Archives: 25 January 1698

Decreet, 25 January 1698, Edinburgh

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Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs

D1698/1/221

Decreet

Certification Lias Against Brux

Anent the lybell or Letters of complaint raised and persewed befor The Lords of his majesties privie Cownsell at the instance of John Lias in Cwshlachie with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderwritten Makeing Mentione That wher by the comowne Law The Lawes of this and all other well governed nationes the violent dispossessing of any of our Leidges without any grownd or Shaddow of Law and the binding and tying of ther hands and tortering and tormenting of them while bownd in Vault and dwngeons to the hazard of ther Lives and keeping them therin untill they condescend by force to renunce ther interests in the oppressiones favoures and the extorting of bonds and other obligationes from the persons so oppressed Be all Crimes of a high nature (Especiallie wher the same is done by ministers and preachers of the Gospell) and ought to be severly pwnished Nevertheles It is of veritie That the said John Lias Complainer haveing had in tack from The Laird of Brux ane piece of grownd called Cwshlachie and being injured by Mr Robert Irving minister of Towie in his tack Because he was prospering in the same was still threatening to cause Brux dispossess the said Complainer of his tack designing to affright and terrifie him therby apprehending to obleidge the said Complainer to pass from his tack in his favoures But the said Complainer Still continweing in his tack and wnwilling to pass from the Same to the said Mr Robert Irvine did upon the […] day of febrwary Jaj vic nyntie thrie or ane or other of the dayes or other of the moneths of the said yeir called for a Sight of the said Complainers assedatione and he owt of his Simplicitie Gave the said Mr Robert Irvine his assedatione in his hands not thinking that a persone of his character and office would be gwiltie of any base or wnjust thing to one of his parochiners yet the said Mr Robert Irvine nor regairding his own duetie and qwalitie did teare the Same in peices and then threatned violentlie to throw the said Complainer owt of his possessione And accordingly upon the eight day of May Jaj vic nyntie thrie yeirs or ane or other of the dayes of the said moneth Caused men divide the said Complainers Land appointing one half for himself and violently at his own hand entered to the possessione of the said Complainers Lands by grassing of his Cattell all that Summer upon his grass and did most wnjustly and wnchristeanly pull downe two of the said Complainers houses on the twentie Second day of Jwllie the said yeir And not being yet Satisfied with what wnjustice and illegall methods he had taken in dispossessing of the said Complainer to his wtter rwine did upon the twentie fifth day of March Jaj vic nyntie four yeirs Come with Roderick Forbess younger of Brwx being instigat by the said Mr Robert Irvine while the said Complainer was Sowing his Land the said Mr Robert Irvine laying aside all fear of God and regaird for his own office and charge did with the said Roderick Forbes apprehend the said Complainer while Sowing as said is and tying his hands behind his back brought him off the grownd so tyed and bownd and caryed him prisoner Like a malefactor to the said Mr Robert Irvine his house and ther detaned him dureing which tyme they being about drawing the papers that they were force the said Complainer wnjustly to Subsribe he did endeavoure to Shake his hands Lowse of ther bonds But the said Mr Robert Irvine Came and ordered the Cords that tyed the said Complainers hands to be more severly drawen which accordingly was done And the said Complainer detained in that conditione till he was almost dead and therby forced to Subscribe a renunceatione of his said tack and also a dispositione to the seed he had sowen All which the said Complainer was obleidged to doe otheruise he had bein Stiffled in the cords with which he was tyed By all which It may evidentlie appear to the Lords of our privie Cowncell that the said Mr Robert Irvine is gwiltie of the crymes foirsaids And therfore ought and Should be decerned to pay the Soume of […] for the damnadges and also ought to be deprived of his office In respect he is not qwalified according to Law And yet continwes to preach And he and the Said Roderick Forbess ought and Should be otherwise pwnished in ther persones and goods to the terror of others to Committ the lyke in any tyme comeing And anent the charge given to the saids defenders to have Compeared personallie befor the Saids Lords of his majesties privie Cownsell at ane certaine day now bypast wnder the paine of rebellione etc As in the principall Lybell or Letters of Complaint with the executiones therof at more Lenth is Contained Which lybell or Letters of complaint being this day called in presence of the Saids Lords of his majesties privie Cownsell And the persewer Compearing personallie with Mr David Dalrimple his Advocat And the defenders being Laufullie cited oft tymes called and not Compeareing The Saids Lords doe heirby Grant Certificatione against the saids defenders in respect of ther absence and not Compearance And ordaines Letters of certificatione to be direct heiron Commanding messengers at armes to pass to the mercat cross of […] And other places neidfull and ther in his majesties name and authoritie duely Laufullie and orderly denunce the saids Mr Robert Irvine and Roderick Forbes his majesties rebells and pwtt them to his highnes horne And to ordaine all ther moveable goods and geir to be escheat and inbrought to his majesties wse for ther contempt and disobedience.

Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs

D1698/1/221

Decreet

Certification Lias Against Brux

Anent the lybell or Letters of complaint raised and persewed befor The Lords of his majesties privie Cownsell at the instance of John Lias in Cwshlachie with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderwritten Makeing Mentione That wher by the comowne Law The Lawes of this and all other well governed nationes the violent dispossessing of any of our Leidges without any grownd or Shaddow of Law and the binding and tying of ther hands and tortering and tormenting of them while bownd in Vault and dwngeons to the hazard of ther Lives and keeping them therin untill they condescend by force to renunce ther interests in the oppressiones favoures and the extorting of bonds and other obligationes from the persons so oppressed Be all Crimes of a high nature (Especiallie wher the same is done by ministers and preachers of the Gospell) and ought to be severly pwnished Nevertheles It is of veritie That the said John Lias Complainer haveing had in tack from The Laird of Brux ane piece of grownd called Cwshlachie and being injured by Mr Robert Irving minister of Towie in his tack Because he was prospering in the same was still threatening to cause Brux dispossess the said Complainer of his tack designing to affright and terrifie him therby apprehending to obleidge the said Complainer to pass from his tack in his favoures But the said Complainer Still continweing in his tack and wnwilling to pass from the Same to the said Mr Robert Irvine did upon the […] day of febrwary Jaj vic nyntie thrie or ane or other of the dayes or other of the moneths of the said yeir called for a Sight of the said Complainers assedatione and he owt of his Simplicitie Gave the said Mr Robert Irvine his assedatione in his hands not thinking that a persone of his character and office would be gwiltie of any base or wnjust thing to one of his parochiners yet the said Mr Robert Irvine nor regairding his own duetie and qwalitie did teare the Same in peices and then threatned violentlie to throw the said Complainer owt of his possessione And accordingly upon the eight day of May Jaj vic nyntie thrie yeirs or ane or other of the dayes of the said moneth Caused men divide the said Complainers Land appointing one half for himself and violently at his own hand entered to the possessione of the said Complainers Lands by grassing of his Cattell all that Summer upon his grass and did most wnjustly and wnchristeanly pull downe two of the said Complainers houses on the twentie Second day of Jwllie the said yeir And not being yet Satisfied with what wnjustice and illegall methods he had taken in dispossessing of the said Complainer to his wtter rwine did upon the twentie fifth day of March Jaj vic nyntie four yeirs Come with Roderick Forbess younger of Brwx being instigat by the said Mr Robert Irvine while the said Complainer was Sowing his Land the said Mr Robert Irvine laying aside all fear of God and regaird for his own office and charge did with the said Roderick Forbes apprehend the said Complainer while Sowing as said is and tying his hands behind his back brought him off the grownd so tyed and bownd and caryed him prisoner Like a malefactor to the said Mr Robert Irvine his house and ther detaned him dureing which tyme they being about drawing the papers that they were force the said Complainer wnjustly to Subsribe he did endeavoure to Shake his hands Lowse of ther bonds But the said Mr Robert Irvine Came and ordered the Cords that tyed the said Complainers hands to be more severly drawen which accordingly was done And the said Complainer detained in that conditione till he was almost dead and therby forced to Subscribe a renunceatione of his said tack and also a dispositione to the seed he had sowen All which the said Complainer was obleidged to doe otheruise he had bein Stiffled in the cords with which he was tyed By all which It may evidentlie appear to the Lords of our privie Cowncell that the said Mr Robert Irvine is gwiltie of the crymes foirsaids And therfore ought and Should be decerned to pay the Soume of […] for the damnadges and also ought to be deprived of his office In respect he is not qwalified according to Law And yet continwes to preach And he and the Said Roderick Forbess ought and Should be otherwise pwnished in ther persones and goods to the terror of others to Committ the lyke in any tyme comeing And anent the charge given to the saids defenders to have Compeared personallie befor the Saids Lords of his majesties privie Cownsell at ane certaine day now bypast wnder the paine of rebellione etc As in the principall Lybell or Letters of Complaint with the executiones therof at more Lenth is Contained Which lybell or Letters of complaint being this day called in presence of the Saids Lords of his majesties privie Cownsell And the persewer Compearing personallie with Mr David Dalrimple his Advocat And the defenders being Laufullie cited oft tymes called and not Compeareing The Saids Lords doe heirby Grant Certificatione against the saids defenders in respect of ther absence and not Compearance And ordaines Letters of certificatione to be direct heiron Commanding messengers at armes to pass to the mercat cross of […] And other places neidfull and ther in his majesties name and authoritie duely Laufullie and orderly denunce the saids Mr Robert Irvine and Roderick Forbes his majesties rebells and pwtt them to his highnes horne And to ordaine all ther moveable goods and geir to be escheat and inbrought to his majesties wse for ther contempt and disobedience.

1. NRS, PC2/27, 79v-81v.

1. NRS, PC2/27, 79v-81v.

Order, 25 January 1698, Edinburgh

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Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs

D1698/1/211

Order

Anent Major Burnet and dragownes of his troupe and the Captains and other officers of Lord Forbess Dragownes And anent Lord Forbes and his regiment and officers therof

The Cowncell ordaines Major Burnet in The Lord Forbess his Late regiment of Dragownes to exhibite and prodwce his accompt books kept betuixt him and his company of Dragownes befor the Comitie who are appointed to discuss the differences betuixt him and his dragownes In caice he have any Swch compt bookes and if he have non Swch or if he faill to prodwce them Then the Cowncell alloues the dragownes to prove the debts by ther own oathes and alloues the Comitie to advise these oathes and before pronunceing decreit to make ther report to the Cowncell and remits to The Comitie alreadie named anent Lord Forbess dragownes to consider (2the ane of two of the saids dragownes whom Major Burnet alleadges to have bein desertors With pouer to the Comitie to give protectione or passes to these two dragownes In caice they think fitt that they be not furder troubled or called in qwestione as desertors befor a Cowrt martiall or any other coutr whatsoever and to discuss them Summarlie as accords And remits to the Same Comitie to take the oathes of the Captaine and other officers of the dragownes of the said regiment anent the dragownes who have rwn away with ther horses And upon the number of horses they have rwn away with Conforme to the officers petitione And warrand theron of the twentie of Janwary instant And recomends to the foirsaid Comitie to consider what The Lord Forbess hes advanced to the said regiment of Dragownes upon a remit by The Cownsell to The Lords Commissioners of his majesties Thesaurie more then ther pay and to examine and adjust all accompts betuixt The said Lord Forbess and his said regiment and the officers therof And recomends to the said Committie to meet tomorrow at ten in the foirnoon and to make ther report to The Cowncell with ther first convenience And have added and heirby adds The Lords Ruthven to the foirsaid Countrie and continwes ther qworum as formerly

Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs

D1698/1/211

Order

Anent Major Burnet and dragownes of his troupe and the Captains and other officers of Lord Forbess Dragownes And anent Lord Forbes and his regiment and officers therof

The Cowncell ordaines Major Burnet in The Lord Forbess his Late regiment of Dragownes to exhibite and prodwce his accompt books kept betuixt him and his company of Dragownes befor the Comitie who are appointed to discuss the differences betuixt him and his dragownes In caice he have any Swch compt bookes and if he have non Swch or if he faill to prodwce them Then the Cowncell alloues the dragownes to prove the debts by ther own oathes and alloues the Comitie to advise these oathes and before pronunceing decreit to make ther report to the Cowncell and remits to The Comitie alreadie named anent Lord Forbess dragownes to consider (2the ane of two of the saids dragownes whom Major Burnet alleadges to have bein desertors With pouer to the Comitie to give protectione or passes to these two dragownes In caice they think fitt that they be not furder troubled or called in qwestione as desertors befor a Cowrt martiall or any other coutr whatsoever and to discuss them Summarlie as accords And remits to the Same Comitie to take the oathes of the Captaine and other officers of the dragownes of the said regiment anent the dragownes who have rwn away with ther horses And upon the number of horses they have rwn away with Conforme to the officers petitione And warrand theron of the twentie of Janwary instant And recomends to the foirsaid Comitie to consider what The Lord Forbess hes advanced to the said regiment of Dragownes upon a remit by The Cownsell to The Lords Commissioners of his majesties Thesaurie more then ther pay and to examine and adjust all accompts betuixt The said Lord Forbess and his said regiment and the officers therof And recomends to the said Committie to meet tomorrow at ten in the foirnoon and to make ther report to The Cowncell with ther first convenience And have added and heirby adds The Lords Ruthven to the foirsaid Countrie and continwes ther qworum as formerly

1. NRS, PC2/27, 79v-80r.

2. Closing bracket missing.

1. NRS, PC2/27, 79v-80r.

2. Closing bracket missing.

Warrant, 25 January 1698, Edinburgh

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Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs

D1698/1/201

Warrant

Warrand for takeing Collonell Dowglasses Serjents oathes

Petitione the Serjeants of Collonell Douglasses regiment read And the Cownsell haveing considered the Same with the accompt mentioned therin and prodwced therwith The Cownsell doe heirby remit to the Comitie alreadie appointed anent The Lord Forbesses Dragownes to take the The Serjeants ther oathes upon the tymes of ther respective services as in the accompt And ordaines the act upon the Serjeants bill of the twentie of Janwary instant to be extracted conforme to the Serjeants oathes and accompt given in with this petitione

Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs

D1698/1/201

Warrant

Warrand for takeing Collonell Dowglasses Serjents oathes

Petitione the Serjeants of Collonell Douglasses regiment read And the Cownsell haveing considered the Same with the accompt mentioned therin and prodwced therwith The Cownsell doe heirby remit to the Comitie alreadie appointed anent The Lord Forbesses Dragownes to take the The Serjeants ther oathes upon the tymes of ther respective services as in the accompt And ordaines the act upon the Serjeants bill of the twentie of Janwary instant to be extracted conforme to the Serjeants oathes and accompt given in with this petitione

1. NRS, PC2/27, 79r-79v.

1. NRS, PC2/27, 79r-79v.

Judicial Proceeding, 25 January 1698, Edinburgh

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Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs

D1698/1/191

Judicial Proceeding

Remit Sinclaire and Stewart Against Towne of Dumbarr

Anent the lybell or Letters of Complaint raised and persewed befor the Lords of privie Cownsell at the instance of Sir John Sinclaire of Longformachws and Jean Taillfer relict of wmquhill Captaine George Stewart Alias Maddam Stewart with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderurittin Makeing mentione That wher by the Lawes and acts of parliament all maner of oppressione and wnjust violence are prohibite and discharged And that for any of our Leidges Speciallie a burgh with ther magistrats and Commwnitie to oppress and Doe violence to ther neighboures in ther rights and possessione Is a cryme of a high nature and ought to be Severely pwnished Nevertheles It is of veritie that Robert Faa Robert Kirkwood and William Brysone Baillies John Kello Thesaurer Andrew Purves and […] Deans Magistrats and Counsell of the burgh of Dumbar for the tyme and ther Successors ever Since takeing the advantage that the Lands belonging to the saids Complainers lying in and about Dumbar and are bownded with the towne Comowne and Designeing to make these Lands wherof the saids magistrats of Councill or ther Successors inhabitants Are ordinarly tennents as cheape and to fall als much in the rentall as they can that they may constraine the saids complainers to Sett the Saids Lands to them allenarly and no others at what rates they please They doe Count upon the Saids complainers tenents and Lands adjacent as said is the particular oppressiones and violences eftermentioned viz primo almost ever Since the Late revolutiones uhen Souldiers came with orders aither for transient or Locall qwarters upon the said burgh and burgars therof the saids Magistrats and Councell have layed ane other proportione upon the saids complainers tennents ther burgars and therby have kept the rest of ther burgars frie Secundo that upon ane or other of the Dayes of October Jaj vic nyntie Six yeirs when by the order of the Viscount of Tiviot then commander in cheiff Captaine James Campbells troupe of Dragownes came from a moneths Subleing to qwarter in the said burgh and the Lands aboute and tho for the ease of the Cowntrie fowr paroches were Designed viz The paroches of Dumbar Spott Old Hamstocks and Innerweick yet Robert Kellie Robert Kirkwood and Thomas Brysone then abillies did qwarter upon the said Madam Stewarts tennents Archbald Greenlyes two Drummers without regaird that Archbalds wife was then lying in Deathbed upon baillie Rutherfurd the officers of the troupe upon George Livingtowne two Serjeants As also two horses upon one […] Niccollsone a tenent to the said Sir John All which tyme the troupe so qwartered had meat Drink and Straw without a farthing payment except what ther officers payed for themselvs when in the mean tyme ther were only four horse qwartered upon the whole paroch of Spott And these ordered to remove from one tennent to ane other by turnes Tertio upon the first second or ane or other of the dayes of December Jaj vic and nyntie thrie yeirs They made ane act in ther towne Cowncell wherby they not only discharge ther own burgars But likewise the neighboureing heretars to Lead any ware wnder the paine of five pwnd Scotts for everie cartfull wnles they payed a certaine high tack Dwety per annum for everie Cairt that they thought fitt to allow and accordingly forced Severall tenents to Comply to these oppressive orders Qwarto upon the […] day or ane or other of the dayes of […] Jaj vic nyntie Six yeirs They ordered David Kerr towne officer to goe to William Kirkwood towne clerk and tell him in name of the magistrats and Councell not to Suffer the said Madam Stewarts tenents to have ware yea not for money albeit they had forced them to pay the forsaid yeirly payment for ware as said is and William Bryson a present magistrat and Thomas Brysone his brother one of the Late magistrats threatned ther tenents to cast her Land in her own hand or otherwayes they wowld rwine them And furder the said William Brysone upon the […] day 2 Or ane or other of the dayes of October Jaj vic nyntie Six yeirs threatned the said Aladane Stewart upon the high Street telling her that nether She nor her tenents Should gett a Schoollfwll of mwck or ware no not for money And that if he gott his will nether She nor any of the tenents Should Sett a foot upon the high street or burgh Qwinto when the Saids Complainers were necessitat to Suspend the foirsaid oppressive act of the magistrats and towne Cownsell of Dumbar and to raise a Summonds of redwctione and declarator the bill was ordained to be Sein and a Sist granted in the mean tyme But in that Space the Saids Magistrats conveined Madam Stewarts tenents complainers in the bill at ther clerks house And threatned to rwine them if they would not Disclame the bill of Suspensione wnder ther hand And furder when after the Suspensione past Archibald Greenelies one of Madam Stewarts tenents begane to Lead ware as formerly they then threatned him that he Should pay well for it And accordingly in reveange upon the twentie third of Augwst Jaj vic nyntie Six yeirs when no grass is keeped by reasone of the herrin Drovers who lye upon it hundereds a night when the Said Archbald Greenlies and the said […] Niccollsone came over with ther horses for a start of ane qwarter of ane houre upon a Sandie brae called Kirkhill The said Baillie Kellie Sent William Robertsone officer and brought the saids horses by force to the baillies Stable and made the poor men pay ten pwnds Scotts each of them in name of a fyne Sexto they have of Late in the yeirs Jaj vic nyntie Six Jaj vic nyntie Seven Stopped the Carts of the Complainers tennents from Leading ware which is frie or atleast the Complainers had right and were in Long wse and possessione to Lead by frie wayes and passages And threatned them with fyneing if they Should offer to Lead and wairned them by ther officers for that effect as ane instrument taken theron bears And Septimo They qwarter Souldiers ordinarly upon the said Sir John Sinclaires tennents to Landward als well as in burgh Notwithstanding the orders for qwartering be upon the burgh And wheras the Said Sir John hes the Lands called Babarage and Broompark holden few of ws for a dwety almost eqwall to the value And he hes had a passage to and from these Lands through The townes Comon past memorie of man without interruptione yet of Late the Saids magistrats and Cowncell hath wnheard of the said passage and Doe molest his tenents in ther possessione ther of wherby they are Disabled to pay our few Dwetie By all which it is evident that the saids magistrats and towne Counsell are gwiltie airt and pairt of the foirsaids acts of oppressione and violence which they doe the more readiely practise and obstinatly mentaine Because they have the wse of the townes Comon good and pwrse which they urongousely Lavish out for ther own particular ends And not at all to the wtilitie and profite of the burgh which Deeds of oppressione Violence and maleversatione being proven the saids magistrats and towne Cowncell owght not only to be decerned to desist and find good Cawtione for that effect But also ought to be decerned to pay to the saids complainers each of them the Sowme of […] of Damnadges and expensses and ought also to be furder pwnished in ther persones and Goods As the Lords of our privie Counsell Shall Sie cause to the example and terror of others to Comit the lyke in tyme comeing And Anent the charge given to the saids defenders to have compeared personallie befor the saids Lords of his majesties privie Counsell at ane certaine day now bygone wnder the paine of rebellion etc As in the said lybell or Letters of Complaint with the executiones therof at more Lenth is contained Which lybell or Letters of complaint being this day called in presence of the saids Lords of his majesties privie Cownsell And the persewars Compeareing personallie with Sir James Stewart his majesties advocat Mr Hewgh Dallrimple and […] Sinclaire and Mr James Hamilton and Mr Archibald Sinclair ther Advocats And the defenders Compeareing all personallie also with Sir Patrick Home and Mr David Cwninghame and Mr John Fleeming and […] ther advocats The lybell and answers therto for the defenders being read The Saids Lords haveing heard both pairties Lawiers and haveing considered the Lybell and ansuers foirsaids made therto They heirby remit the points of the lybell anent the possessione and seaware and other points lybelled Except the qwartering to The Lords of Counsell and Sessione to be determined and discust by them And that Sumarly without abideing the course of the roll And refwises to Sustaine process at the persewars instance upon the point of qwartering in respect that the persones complained to have bein qwartered upon albeit they be tenents to the persewars yet they are not complaineing themselvs and they are also burgesses in the towne of Dumbar

Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs

D1698/1/191

Judicial Proceeding

Remit Sinclaire and Stewart Against Towne of Dumbarr

Anent the lybell or Letters of Complaint raised and persewed befor the Lords of privie Cownsell at the instance of Sir John Sinclaire of Longformachws and Jean Taillfer relict of wmquhill Captaine George Stewart Alias Maddam Stewart with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderurittin Makeing mentione That wher by the Lawes and acts of parliament all maner of oppressione and wnjust violence are prohibite and discharged And that for any of our Leidges Speciallie a burgh with ther magistrats and Commwnitie to oppress and Doe violence to ther neighboures in ther rights and possessione Is a cryme of a high nature and ought to be Severely pwnished Nevertheles It is of veritie that Robert Faa Robert Kirkwood and William Brysone Baillies John Kello Thesaurer Andrew Purves and […] Deans Magistrats and Counsell of the burgh of Dumbar for the tyme and ther Successors ever Since takeing the advantage that the Lands belonging to the saids Complainers lying in and about Dumbar and are bownded with the towne Comowne and Designeing to make these Lands wherof the saids magistrats of Councill or ther Successors inhabitants Are ordinarly tennents as cheape and to fall als much in the rentall as they can that they may constraine the saids complainers to Sett the Saids Lands to them allenarly and no others at what rates they please They doe Count upon the Saids complainers tenents and Lands adjacent as said is the particular oppressiones and violences eftermentioned viz primo almost ever Since the Late revolutiones uhen Souldiers came with orders aither for transient or Locall qwarters upon the said burgh and burgars therof the saids Magistrats and Councell have layed ane other proportione upon the saids complainers tennents ther burgars and therby have kept the rest of ther burgars frie Secundo that upon ane or other of the Dayes of October Jaj vic nyntie Six yeirs when by the order of the Viscount of Tiviot then commander in cheiff Captaine James Campbells troupe of Dragownes came from a moneths Subleing to qwarter in the said burgh and the Lands aboute and tho for the ease of the Cowntrie fowr paroches were Designed viz The paroches of Dumbar Spott Old Hamstocks and Innerweick yet Robert Kellie Robert Kirkwood and Thomas Brysone then abillies did qwarter upon the said Madam Stewarts tennents Archbald Greenlyes two Drummers without regaird that Archbalds wife was then lying in Deathbed upon baillie Rutherfurd the officers of the troupe upon George Livingtowne two Serjeants As also two horses upon one […] Niccollsone a tenent to the said Sir John All which tyme the troupe so qwartered had meat Drink and Straw without a farthing payment except what ther officers payed for themselvs when in the mean tyme ther were only four horse qwartered upon the whole paroch of Spott And these ordered to remove from one tennent to ane other by turnes Tertio upon the first second or ane or other of the dayes of December Jaj vic and nyntie thrie yeirs They made ane act in ther towne Cowncell wherby they not only discharge ther own burgars But likewise the neighboureing heretars to Lead any ware wnder the paine of five pwnd Scotts for everie cartfull wnles they payed a certaine high tack Dwety per annum for everie Cairt that they thought fitt to allow and accordingly forced Severall tenents to Comply to these oppressive orders Qwarto upon the […] day or ane or other of the dayes of […] Jaj vic nyntie Six yeirs They ordered David Kerr towne officer to goe to William Kirkwood towne clerk and tell him in name of the magistrats and Councell not to Suffer the said Madam Stewarts tenents to have ware yea not for money albeit they had forced them to pay the forsaid yeirly payment for ware as said is and William Bryson a present magistrat and Thomas Brysone his brother one of the Late magistrats threatned ther tenents to cast her Land in her own hand or otherwayes they wowld rwine them And furder the said William Brysone upon the […] day 2 Or ane or other of the dayes of October Jaj vic nyntie Six yeirs threatned the said Aladane Stewart upon the high Street telling her that nether She nor her tenents Should gett a Schoollfwll of mwck or ware no not for money And that if he gott his will nether She nor any of the tenents Should Sett a foot upon the high street or burgh Qwinto when the Saids Complainers were necessitat to Suspend the foirsaid oppressive act of the magistrats and towne Cownsell of Dumbar and to raise a Summonds of redwctione and declarator the bill was ordained to be Sein and a Sist granted in the mean tyme But in that Space the Saids Magistrats conveined Madam Stewarts tenents complainers in the bill at ther clerks house And threatned to rwine them if they would not Disclame the bill of Suspensione wnder ther hand And furder when after the Suspensione past Archibald Greenelies one of Madam Stewarts tenents begane to Lead ware as formerly they then threatned him that he Should pay well for it And accordingly in reveange upon the twentie third of Augwst Jaj vic nyntie Six yeirs when no grass is keeped by reasone of the herrin Drovers who lye upon it hundereds a night when the Said Archbald Greenlies and the said […] Niccollsone came over with ther horses for a start of ane qwarter of ane houre upon a Sandie brae called Kirkhill The said Baillie Kellie Sent William Robertsone officer and brought the saids horses by force to the baillies Stable and made the poor men pay ten pwnds Scotts each of them in name of a fyne Sexto they have of Late in the yeirs Jaj vic nyntie Six Jaj vic nyntie Seven Stopped the Carts of the Complainers tennents from Leading ware which is frie or atleast the Complainers had right and were in Long wse and possessione to Lead by frie wayes and passages And threatned them with fyneing if they Should offer to Lead and wairned them by ther officers for that effect as ane instrument taken theron bears And Septimo They qwarter Souldiers ordinarly upon the said Sir John Sinclaires tennents to Landward als well as in burgh Notwithstanding the orders for qwartering be upon the burgh And wheras the Said Sir John hes the Lands called Babarage and Broompark holden few of ws for a dwety almost eqwall to the value And he hes had a passage to and from these Lands through The townes Comon past memorie of man without interruptione yet of Late the Saids magistrats and Cowncell hath wnheard of the said passage and Doe molest his tenents in ther possessione ther of wherby they are Disabled to pay our few Dwetie By all which it is evident that the saids magistrats and towne Counsell are gwiltie airt and pairt of the foirsaids acts of oppressione and violence which they doe the more readiely practise and obstinatly mentaine Because they have the wse of the townes Comon good and pwrse which they urongousely Lavish out for ther own particular ends And not at all to the wtilitie and profite of the burgh which Deeds of oppressione Violence and maleversatione being proven the saids magistrats and towne Cowncell owght not only to be decerned to desist and find good Cawtione for that effect But also ought to be decerned to pay to the saids complainers each of them the Sowme of […] of Damnadges and expensses and ought also to be furder pwnished in ther persones and Goods As the Lords of our privie Counsell Shall Sie cause to the example and terror of others to Comit the lyke in tyme comeing And Anent the charge given to the saids defenders to have compeared personallie befor the saids Lords of his majesties privie Counsell at ane certaine day now bygone wnder the paine of rebellion etc As in the said lybell or Letters of Complaint with the executiones therof at more Lenth is contained Which lybell or Letters of complaint being this day called in presence of the saids Lords of his majesties privie Cownsell And the persewars Compeareing personallie with Sir James Stewart his majesties advocat Mr Hewgh Dallrimple and […] Sinclaire and Mr James Hamilton and Mr Archibald Sinclair ther Advocats And the defenders Compeareing all personallie also with Sir Patrick Home and Mr David Cwninghame and Mr John Fleeming and […] ther advocats The lybell and answers therto for the defenders being read The Saids Lords haveing heard both pairties Lawiers and haveing considered the Lybell and ansuers foirsaids made therto They heirby remit the points of the lybell anent the possessione and seaware and other points lybelled Except the qwartering to The Lords of Counsell and Sessione to be determined and discust by them And that Sumarly without abideing the course of the roll And refwises to Sustaine process at the persewars instance upon the point of qwartering in respect that the persones complained to have bein qwartered upon albeit they be tenents to the persewars yet they are not complaineing themselvs and they are also burgesses in the towne of Dumbar

1. NRS, PC2/27, 76v-79r.

2. The word ‘of’ scored out here.

1. NRS, PC2/27, 76v-79r.

2. The word ‘of’ scored out here.

Sederunt, 25 January 1698, Edinburgh

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Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs1

D1698/1/182

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Southerland; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Rwglen; Viscount Tarbat; Lord Montgomerie; Lord Raith; Lord Forbess; Lord Belhaven; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fowntainhall; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomry; Laird of Grant; Laird of Pollock; Laird of Stevensone; Laird of Cessnock; Laird of Kellburne

Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs1

D1698/1/182

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Southerland; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Rwglen; Viscount Tarbat; Lord Montgomerie; Lord Raith; Lord Forbess; Lord Belhaven; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fowntainhall; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomry; Laird of Grant; Laird of Pollock; Laird of Stevensone; Laird of Cessnock; Laird of Kellburne

1. NRS, PC2/27, 77r.

2. NRS, PC2/27, 73v-76v.

1. NRS, PC2/27, 77r.

2. NRS, PC2/27, 73v-76v.

Proclamation, 25 January 1698, Edinburgh

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Att Edinburgh The Twenty Fifth Day of January Jaj vjc nyntie Eight years

A1698/1/241

Proclamation

Proclamation Anent Prophaneness

The Proclamation underwritten Being Read was votted approven and signed wherof the Tenor follows.
William By the Grace of God King of great Brittain France and Ireland Defender of the faith; To […] Macers of our privy Councill messengers att armes our sheriffs in that part Conjunctlie and Severallie specialy Constitute Greeting: Forasmuchas notwithstanding of the many good Laws and acts of Parliament made against profanness and for the Restraining and Suppressing of vice and Immorality The same doe still abound to the Great Dishonour of God, The Reproach of the True protestant Religion, And to the hurt and prejudice of the peace and Government of the Realm, And wee Being Resolved as it hath always been our Care To have these Laws and acts of parliament put to due and vigorous Execution And Conceaving that the Printing and publishing of ane Abbreviat of the saids Acts duely Collected, and Laid together for the Better Information and Instruction of all our Judges, officers and ministers of the Law. And also of all our other Good Subjects, may be of special use and Advantage for ther Better observation and Execution according to ther full Tenor and Intent Therfore and In answer to the Ane Address presented To the Lords of our privy Councill By the Commissioners of the Late Generall Assembly of this Church for that Effect Wee with advice of the saids Lords of our privy Councill have thought fitt and doe heirby appoint the Abbreviat and List of the saids acts hereto subjoined to be printed and duely published att all the mercat Crosses of the head Burghs of the Shires, Stewartries, Regalities and Bailiaries of this Realm And farder That in all Tyme Coming this present proclamation with the Abbreviat and List thereto Subjoined be publickly Read Twice Every year in all the Parish Churches and Congregations within this Kingdom To witt on the Lords day after Each Term of Whitsunday and Martimass yearly after the forenoon Sermon and Before the Dissolving of the Congregation And That all Presbeteries Be Carefull to have this publication Constantly and Solemnly made in all Churches within their Bounds with Suitable and pertinent Exortationes as they will be answerable. And wee peremptorly Command and Charge all Judges Magistrats and officers of the Law whatsoever each of them within their Bounds and Jurisdictions. and as they are therto Respectively Impowred to be Carefull To putt the forsaids Laws above and aftermentioned To due and Exact Execution upon ther highest perrill: Follows the List and abbreviat of the Laws against prophanness and for suppressing of vice and Immorality. Im primis act Twenty one, Charles Second, Parliament first, Session first, Intituled act against the Crime of Blasphemy That whosoever not being Distractid In his Witts, shall Rail upon or Curse God, or any of the persons of the Blessed Trinity, shall be processed before the Chief Justice, And Being found Guilty shall be punished with Death, as also whosoever shall Deny God, or any of the persons of the Blessed Trinity, and obstinately Continue therein Being processed and found guilty shall be punished with Death Item the Act of our first parliament session fifth Chapter Eleventh Ratifieing the forsaid Act, And farder statuting That whoever hereafter shall in ther writing or Discourse Deny Impugn or quarrell argue or Reason against the Being of God or any of the persons of the Blessed Trinity or the authority of the holy Scriptures of the old and new Testament or the providence of God In the Government of the world shall for the first fault be punished with Imprisonment ay and while they give publick Satisfaction to the Congregation In which the Scandal was Committed. And for the second Fault the Delinquent shall be fined In a years valued Rent of his Real Estate and the Twenty part of his free personal Estate. The Equall half of which fines to be applied to the poor of the Parish where the Crime shall be Committed and the other half to the Informer Besides his Being Imprisoned ay and while he make satisfaction again as above. And for the Third fault He shall be punished by Death as ane obstinate Blasphemer and all magistrats and ministers of the Law and Judges of this Kingdom are authorized and Required to putt this act In Execution as to the first fault, as are all Sheriffs, Stewarts Bailies of Bailiaries and Regalities and their Deputes and magistrats of Burghs to putt the same in Execution as to the second fault Remitting the Execution therof as to the third fault To the Lords of his Majesties Justiciary. Secundo all Laws and acts of parliament made against Cursing and Swearing as act Queen Mary Parliament Fifth Caput Sixteenth whereby Its statute That whosoever shall swear abominable oaths and detestable Execrationes shall be punished with the pecuniary Mulcts and other pains Contained In the said act. Act James Sixth Parliament seventh Caput one Hundred and Third Ratifieing the forsaid act with the Augmentation of the paines and that Censures be appointed in the mercat places of all Burrows and other publict fairs with power to putt the swearers of abominable Oaths In ward, while they have payed the saids Pains, and find Surety to abstain in tyme Coming and that by Direction and Commission of the Sheriffs Stewarts Bailies Provosts, Baillies of Burrows Lords of Regalities and other ordinary officers. And that all House-holders Delate To the Magistrats the names of the Transgressours of this present act within ther Houses, That they may be punished under the pain to be Esteemed and punished as offenders themselves. And that if the saids Magistrats be Remiss or negligent in the Execution of this Act. They shall upon Complaint be Called Before us and our privy Councill and Committed to ward During pleasure and find surety under Great pains att our Sight for ther Exact Diligence In Executing The said Act therafter. Act Charles Second Parliament First, Session first, Caput Ratifieing and approving all acts of parliament against all manner of Cursing and Swearing And farder Declaring That Each person who shall Blaspheme Swear or Curse shall be lyable In the pains following, Each nobleman in Twenty pounds Scots Each Barron In Twenty merks Each Gentleman Haretor or Burgess in Ten merks Each yeaman in fourty Shilling Scots Each servant in Twenty Shilling Toties quoties, Each minister In the fifth part of his yearly Stipend and if the party offender be not able to pay the penalties forsaid Then to be Exemplary punished In his Body according to the meritt of his fault And this act is again Ratified Charles second, Parliament second, session Third Caput Twenty Two which Contains a Distinct and particular method How and by whom it shall be Execute: Tertio All Laws and acts of Parliament, For observation of the Sabath or Lords-day, as act James Sixth, Parliament Sixth, Caput Seventy one, That there be no mercat nor fairs holden upon the Sabbath Day nor yet within the Kirk or Kirk yeards that day or any other Day and that no handy Labour be used upon the Sabbath Day under the pain of Ten Shilling Scots And That no Gaming playing passing to the Taverns and Ale-houses or selling of meat or Drink or willlfull Remaining from the paroch Kirk in tyme of sermon or prayers uppon the Sabbath-day be used under the pains of Twenty Shilling Scots And who Refuse or are unable to pay the saids pains shall be putt and holden In the Stocks or such other Engyne devised for publick punishment By the space of Twenty four hours. And This Act as to the Discharging of fairs and mercats holden on Sabbath Days Ratified James Sixth Parliament Thirteenth Caput one Hundred and fiftie nyne and again Ratified against These who prophan the Sabbath-day by selling or presenting goods to be sold upon the said day2 the pain of the Third Transgression, Declared To be Escheat of ther hail Goods and punishment of their persons at our will. James Sixth, Parliament Fourteinth. Caput one Hundred and nynty Eight. Item Act Eighteenth Charles Second, Parliament first, Entituled act for the Due observation of the Sabbath Day Ratifieing and approving all former Acts of parliament made for observation of the Lords-day and against the Breakers thereof, And Discharging all going of Salt-panns Milns or Kilns under the pain of Twenty Pounds Scots To be payed by the heritors and possessors thereof and all Salmond fishing hyreing of Shearers Carrieing of Loads Keeping of mercats or using of merchandize on the said Day and all other prophanations thereof under the pain of Ten pounds Scots The one half thereof to be payed by the said Fisher and shearer hyred and the other half by the persones hyring and if the offender be not able to pay the saids penalties That he be Exemplary punished in his Body according To the meritt of his Fault, And this Act Ratified Charles Second, Parliament Second, Session Third Caput Twenty Two. Quarto. The Act Charles Second Parliament first, Session first Caput Twenty Intituled act against Cursing and Beating of Parents Whereby It is Statute That whosoever Son or Daughter above the age of Sixteen years, not being distracted shall Beat or Curse Either their father or mother shall be putt to Death without mercy And such as are within the age of sixteen years and past the age of pupillarity to be punished att the Arbitriment of the Judge according to their Deserving. Quinto All Acts against Drunkards and Excessive Drinking such as the act James Sixth, Parliament Twenty Two Caput wherby It is Statute That all persons Convict of Drunkenness or of haunting of Taverns or Ale-houses after Ten hours att night or any tyme In the Day Except the Tyme of Travel or for ordinary Refreshment shall for the first fault pay Three pounds or if unable or Refusing be putt in Joggs or prison for the space of six houres for the second fault Five pounds or if unable or Refusing to be Kept In stocks or prison for the Space of Twelve houres And for the Third fault to pay Ten pounds or in caice forsaid to be Keeped In stocks or Prison for the space of Twenty Four hours, if they Transgress therafter To Be Committed to prison till they find Caution for ther good Behaviour. Item The Act Charles second Parliament first, session first, Caput ninteenth Ratifieing all the former Acts against Excessive Drinking. Declaring That whosoever shall Drink unto Excess shall be lyable Each nobleman in Twenty pounds Scots Each Barron in Twenty merks, Each Gentleman Heretor or Burgiss in Ten merks Each yeaman in fourty shilling each servant In Twenty shilling Scots toties quoties Each minister in the Fifth part of his years Stipend, and that the offender unable to pay the forsaids penalties be Exemplary punished in his Body according to the meritt of his fault. Sexto. The Laws and acts of parliament made against Adulterers as Queen Mary Parliament fifth Caput Twenty wherby it is Statute that manifest and Incorriible Adultery after the process of Holy-Kirk sua farr as the samen may Extend is used upon them for ther Dissobedience and Contemption Be Denunced Rebells and putt to the horn and all thir moveables Inbrought as Escheat And no Apellation Interponed fra the said Censures of holy-Kirk To suspend the horning Act Queen Mary Parliament ninth Caput seventy four. That all nottour and manifest Committers of Adultery be punished with all rigor unto the Death as well the woman as the man after due Monition to abstain fra the said nottour Crime And that for other Adultrey The acts and Laws made therupon of Before be putt to Execution with all Rigor. And the Act James Sixth, Parliament seventh, Caput one Hundreth and fifth, wherby it is Declared That it shall be Judged nottour and manifest Adultrey worthy of the pain of Death whoever his Bairns one or more procreat Betwixt the persons Adulterers or when they Keep Company in Bed Together nottoriously Known or when they are suspect of Adultrey and duly admonished by the Kirk to abstain and Satisfie the Kirk by Repentance and purgation yet Contemptuously Refusing are Excommunicate for thir obstinacy. Septimo all Laws and acts of parliament made against fornication as act James Sixth parliament first Caput Thirteenth. Statuting that who shall Committ the filthy vice of fornication shall for the first fault as well the man as the woman pay the soume of fourty pounds or then both he and she shall be Imprisoned for the space of Eight days there food to be Bread and Small Drink and therafter presinted to the mercat place of the Town or parish Bare-headed shall there stand fastened that they may not remove for the space of Two Houres For the second fault the summe of Ane Hundered merks or then the forenamed days of their Imprisonment shall be Doubled ther food to be Bread and Water allenarly and thirafter shall be presented to the mercat place and the heads of Both the man and the woman To be shaven. And for the Third fault one Hundered pounds or Else the Above Imprisonment to be tripled ther food to be Bread and water allenarly. And Therafter To be Taken to the Deepest and foulist pool of water of the Town or paroch And There be Dunked and thereafter Banished the said Town and paroch for Ever. And how oft any person shall be Convict thereafter of the said vice of Fornication That so oft the Third penalty be Execute upon them. Item The Act Charles second parliament first session first. Caput Threttie Eight Impowring the Justices of peace to putt In Execution acts of parliament for punishing the persones Guilty of fornication And That they cause them pay the Pecunial soumes following Each nobleman for the first fault four hundred pounds Each Barron Two hundred pounds Each other Gentleman or Burges Ane Hundred pounds Every other person of Inferior Quality Ten pounds Scots money and that the penalties be Doubled to this according to the Relapses and Degrees of the offence and quality of the offenders. And That they be payed not only By the man byt also by the Woman according to her quality and the Degree of her offence The one without prejudice of the other. Item The said Act Charles Second parliament first Session first Caput Thirty Eight. Statutes That the Justices of peace putt in Execution all acts of parliament for punishing all persones who shall be mockers or Reproachers of piety or the Exercise therof and Cause them pay the penalties Contained in the forementioned act of parliament against profane swearing. Item The Act of our first parliament Session first Caput Thirteenth, Intituled act against Prophaneness Strictly Requiring and Enjoyning That all sheriffs and ther Deputes Stewarts and ther Deputes Bailies of Bailiaries and Regalities and ther Deputs Magistrats of Burghs Royall and Justices of peace within whose Bounds any of the saids Sins of Cursing Swearing Drunkenness, fornication Prophanation of the Lords-day and mocking and Reproaching of Religion shall happen to be Committed To putt the saids acts to Exact and punctual Execution att all Tymes without necessity of any Dispensation and against all persons whither officers souldiers or others without Exception. Certifieing That such of the said Judges as shall refuse neglect or Delay to put the Laws made against the saids Sins in Execution upon Application of any minister or Kirk-session or any person in ther name offering Information and sufficient Probation shall toties quoties be Subject and Lyable To a fine of Ane Hundred pounds Scots for which They may be punished at the Instance of the Agent for the Kirk or minister of the paroch by Summar process without the order of the Roll. Item The Twenty one Act of the second session of the Current Parliament Dated The Nynteenth of July Jaj vic nyntie. Intituled act anent murdering of Children. Wherby it is Statute That if any woman shall Conceal her Being with Child During the whole space and shall not Call for and make use of help and assistance In the Birth, The Child being found Dead or a missing The mother shall be repute the murderer of her own Child, Tho ther be no appearance of Bruise or Wound upon the Body of the Child. All which acts abovementioned are heirby ordered to be published only for superabundance and the Better Information of our Leiges with the Least Derogation to other acts or Laws not published In this manner. Our Will is Heirfore And wee Charge yow Strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and to the Remanent mercat Crosses of the heads Burghs of the severall shires and stewartries within this Kingdom and in our name and authority make publication hereof, That none may pretend Ignorance And wee ordain our Solicitor to Dispatch Copies hereof To the Sheriffs of the several Shires and Stewarts of Stewarties and ther deputs or Clerks, to be by them published att the Mercat Crosses of the head Burghs upon Receit therof And immediately sent to the several ministers To the Effect the same may be Read and Intimate att ther paroch Churches upon the Lords Day Immediately following the publication hereof att the saids mercat Crosses. And ordains these presents to be printed and published in manner forsaid Given under our Signet att Edinburgh The Twenty Fifth Day of January and of our Reign the ninth year 1698 sic subscribitur.

Att Edinburgh The Twenty Fifth Day of January Jaj vjc nyntie Eight years

A1698/1/241

Proclamation

Proclamation Anent Prophaneness

The Proclamation underwritten Being Read was votted approven and signed wherof the Tenor follows.
William By the Grace of God King of great Brittain France and Ireland Defender of the faith; To […] Macers of our privy Councill messengers att armes our sheriffs in that part Conjunctlie and Severallie specialy Constitute Greeting: Forasmuchas notwithstanding of the many good Laws and acts of Parliament made against profanness and for the Restraining and Suppressing of vice and Immorality The same doe still abound to the Great Dishonour of God, The Reproach of the True protestant Religion, And to the hurt and prejudice of the peace and Government of the Realm, And wee Being Resolved as it hath always been our Care To have these Laws and acts of parliament put to due and vigorous Execution And Conceaving that the Printing and publishing of ane Abbreviat of the saids Acts duely Collected, and Laid together for the Better Information and Instruction of all our Judges, officers and ministers of the Law. And also of all our other Good Subjects, may be of special use and Advantage for ther Better observation and Execution according to ther full Tenor and Intent Therfore and In answer to the Ane Address presented To the Lords of our privy Councill By the Commissioners of the Late Generall Assembly of this Church for that Effect Wee with advice of the saids Lords of our privy Councill have thought fitt and doe heirby appoint the Abbreviat and List of the saids acts hereto subjoined to be printed and duely published att all the mercat Crosses of the head Burghs of the Shires, Stewartries, Regalities and Bailiaries of this Realm And farder That in all Tyme Coming this present proclamation with the Abbreviat and List thereto Subjoined be publickly Read Twice Every year in all the Parish Churches and Congregations within this Kingdom To witt on the Lords day after Each Term of Whitsunday and Martimass yearly after the forenoon Sermon and Before the Dissolving of the Congregation And That all Presbeteries Be Carefull to have this publication Constantly and Solemnly made in all Churches within their Bounds with Suitable and pertinent Exortationes as they will be answerable. And wee peremptorly Command and Charge all Judges Magistrats and officers of the Law whatsoever each of them within their Bounds and Jurisdictions. and as they are therto Respectively Impowred to be Carefull To putt the forsaids Laws above and aftermentioned To due and Exact Execution upon ther highest perrill: Follows the List and abbreviat of the Laws against prophanness and for suppressing of vice and Immorality. Im primis act Twenty one, Charles Second, Parliament first, Session first, Intituled act against the Crime of Blasphemy That whosoever not being Distractid In his Witts, shall Rail upon or Curse God, or any of the persons of the Blessed Trinity, shall be processed before the Chief Justice, And Being found Guilty shall be punished with Death, as also whosoever shall Deny God, or any of the persons of the Blessed Trinity, and obstinately Continue therein Being processed and found guilty shall be punished with Death Item the Act of our first parliament session fifth Chapter Eleventh Ratifieing the forsaid Act, And farder statuting That whoever hereafter shall in ther writing or Discourse Deny Impugn or quarrell argue or Reason against the Being of God or any of the persons of the Blessed Trinity or the authority of the holy Scriptures of the old and new Testament or the providence of God In the Government of the world shall for the first fault be punished with Imprisonment ay and while they give publick Satisfaction to the Congregation In which the Scandal was Committed. And for the second Fault the Delinquent shall be fined In a years valued Rent of his Real Estate and the Twenty part of his free personal Estate. The Equall half of which fines to be applied to the poor of the Parish where the Crime shall be Committed and the other half to the Informer Besides his Being Imprisoned ay and while he make satisfaction again as above. And for the Third fault He shall be punished by Death as ane obstinate Blasphemer and all magistrats and ministers of the Law and Judges of this Kingdom are authorized and Required to putt this act In Execution as to the first fault, as are all Sheriffs, Stewarts Bailies of Bailiaries and Regalities and their Deputes and magistrats of Burghs to putt the same in Execution as to the second fault Remitting the Execution therof as to the third fault To the Lords of his Majesties Justiciary. Secundo all Laws and acts of parliament made against Cursing and Swearing as act Queen Mary Parliament Fifth Caput Sixteenth whereby Its statute That whosoever shall swear abominable oaths and detestable Execrationes shall be punished with the pecuniary Mulcts and other pains Contained In the said act. Act James Sixth Parliament seventh Caput one Hundred and Third Ratifieing the forsaid act with the Augmentation of the paines and that Censures be appointed in the mercat places of all Burrows and other publict fairs with power to putt the swearers of abominable Oaths In ward, while they have payed the saids Pains, and find Surety to abstain in tyme Coming and that by Direction and Commission of the Sheriffs Stewarts Bailies Provosts, Baillies of Burrows Lords of Regalities and other ordinary officers. And that all House-holders Delate To the Magistrats the names of the Transgressours of this present act within ther Houses, That they may be punished under the pain to be Esteemed and punished as offenders themselves. And that if the saids Magistrats be Remiss or negligent in the Execution of this Act. They shall upon Complaint be Called Before us and our privy Councill and Committed to ward During pleasure and find surety under Great pains att our Sight for ther Exact Diligence In Executing The said Act therafter. Act Charles Second Parliament First, Session first, Caput Ratifieing and approving all acts of parliament against all manner of Cursing and Swearing And farder Declaring That Each person who shall Blaspheme Swear or Curse shall be lyable In the pains following, Each nobleman in Twenty pounds Scots Each Barron In Twenty merks Each Gentleman Haretor or Burgess in Ten merks Each yeaman in fourty Shilling Scots Each servant in Twenty Shilling Toties quoties, Each minister In the fifth part of his yearly Stipend and if the party offender be not able to pay the penalties forsaid Then to be Exemplary punished In his Body according to the meritt of his fault And this act is again Ratified Charles second, Parliament second, session Third Caput Twenty Two which Contains a Distinct and particular method How and by whom it shall be Execute: Tertio All Laws and acts of Parliament, For observation of the Sabath or Lords-day, as act James Sixth, Parliament Sixth, Caput Seventy one, That there be no mercat nor fairs holden upon the Sabbath Day nor yet within the Kirk or Kirk yeards that day or any other Day and that no handy Labour be used upon the Sabbath Day under the pain of Ten Shilling Scots And That no Gaming playing passing to the Taverns and Ale-houses or selling of meat or Drink or willlfull Remaining from the paroch Kirk in tyme of sermon or prayers uppon the Sabbath-day be used under the pains of Twenty Shilling Scots And who Refuse or are unable to pay the saids pains shall be putt and holden In the Stocks or such other Engyne devised for publick punishment By the space of Twenty four hours. And This Act as to the Discharging of fairs and mercats holden on Sabbath Days Ratified James Sixth Parliament Thirteenth Caput one Hundred and fiftie nyne and again Ratified against These who prophan the Sabbath-day by selling or presenting goods to be sold upon the said day2 the pain of the Third Transgression, Declared To be Escheat of ther hail Goods and punishment of their persons at our will. James Sixth, Parliament Fourteinth. Caput one Hundred and nynty Eight. Item Act Eighteenth Charles Second, Parliament first, Entituled act for the Due observation of the Sabbath Day Ratifieing and approving all former Acts of parliament made for observation of the Lords-day and against the Breakers thereof, And Discharging all going of Salt-panns Milns or Kilns under the pain of Twenty Pounds Scots To be payed by the heritors and possessors thereof and all Salmond fishing hyreing of Shearers Carrieing of Loads Keeping of mercats or using of merchandize on the said Day and all other prophanations thereof under the pain of Ten pounds Scots The one half thereof to be payed by the said Fisher and shearer hyred and the other half by the persones hyring and if the offender be not able to pay the saids penalties That he be Exemplary punished in his Body according To the meritt of his Fault, And this Act Ratified Charles Second, Parliament Second, Session Third Caput Twenty Two. Quarto. The Act Charles Second Parliament first, Session first Caput Twenty Intituled act against Cursing and Beating of Parents Whereby It is Statute That whosoever Son or Daughter above the age of Sixteen years, not being distracted shall Beat or Curse Either their father or mother shall be putt to Death without mercy And such as are within the age of sixteen years and past the age of pupillarity to be punished att the Arbitriment of the Judge according to their Deserving. Quinto All Acts against Drunkards and Excessive Drinking such as the act James Sixth, Parliament Twenty Two Caput wherby It is Statute That all persons Convict of Drunkenness or of haunting of Taverns or Ale-houses after Ten hours att night or any tyme In the Day Except the Tyme of Travel or for ordinary Refreshment shall for the first fault pay Three pounds or if unable or Refusing be putt in Joggs or prison for the space of six houres for the second fault Five pounds or if unable or Refusing to be Kept In stocks or prison for the Space of Twelve houres And for the Third fault to pay Ten pounds or in caice forsaid to be Keeped In stocks or Prison for the space of Twenty Four hours, if they Transgress therafter To Be Committed to prison till they find Caution for ther good Behaviour. Item The Act Charles second Parliament first, session first, Caput ninteenth Ratifieing all the former Acts against Excessive Drinking. Declaring That whosoever shall Drink unto Excess shall be lyable Each nobleman in Twenty pounds Scots Each Barron in Twenty merks, Each Gentleman Heretor or Burgiss in Ten merks Each yeaman in fourty shilling each servant In Twenty shilling Scots toties quoties Each minister in the Fifth part of his years Stipend, and that the offender unable to pay the forsaids penalties be Exemplary punished in his Body according to the meritt of his fault. Sexto. The Laws and acts of parliament made against Adulterers as Queen Mary Parliament fifth Caput Twenty wherby it is Statute that manifest and Incorriible Adultery after the process of Holy-Kirk sua farr as the samen may Extend is used upon them for ther Dissobedience and Contemption Be Denunced Rebells and putt to the horn and all thir moveables Inbrought as Escheat And no Apellation Interponed fra the said Censures of holy-Kirk To suspend the horning Act Queen Mary Parliament ninth Caput seventy four. That all nottour and manifest Committers of Adultery be punished with all rigor unto the Death as well the woman as the man after due Monition to abstain fra the said nottour Crime And that for other Adultrey The acts and Laws made therupon of Before be putt to Execution with all Rigor. And the Act James Sixth, Parliament seventh, Caput one Hundreth and fifth, wherby it is Declared That it shall be Judged nottour and manifest Adultrey worthy of the pain of Death whoever his Bairns one or more procreat Betwixt the persons Adulterers or when they Keep Company in Bed Together nottoriously Known or when they are suspect of Adultrey and duly admonished by the Kirk to abstain and Satisfie the Kirk by Repentance and purgation yet Contemptuously Refusing are Excommunicate for thir obstinacy. Septimo all Laws and acts of parliament made against fornication as act James Sixth parliament first Caput Thirteenth. Statuting that who shall Committ the filthy vice of fornication shall for the first fault as well the man as the woman pay the soume of fourty pounds or then both he and she shall be Imprisoned for the space of Eight days there food to be Bread and Small Drink and therafter presinted to the mercat place of the Town or parish Bare-headed shall there stand fastened that they may not remove for the space of Two Houres For the second fault the summe of Ane Hundered merks or then the forenamed days of their Imprisonment shall be Doubled ther food to be Bread and Water allenarly and thirafter shall be presented to the mercat place and the heads of Both the man and the woman To be shaven. And for the Third fault one Hundered pounds or Else the Above Imprisonment to be tripled ther food to be Bread and water allenarly. And Therafter To be Taken to the Deepest and foulist pool of water of the Town or paroch And There be Dunked and thereafter Banished the said Town and paroch for Ever. And how oft any person shall be Convict thereafter of the said vice of Fornication That so oft the Third penalty be Execute upon them. Item The Act Charles second parliament first session first. Caput Threttie Eight Impowring the Justices of peace to putt In Execution acts of parliament for punishing the persones Guilty of fornication And That they cause them pay the Pecunial soumes following Each nobleman for the first fault four hundred pounds Each Barron Two hundred pounds Each other Gentleman or Burges Ane Hundred pounds Every other person of Inferior Quality Ten pounds Scots money and that the penalties be Doubled to this according to the Relapses and Degrees of the offence and quality of the offenders. And That they be payed not only By the man byt also by the Woman according to her quality and the Degree of her offence The one without prejudice of the other. Item The said Act Charles Second parliament first Session first Caput Thirty Eight. Statutes That the Justices of peace putt in Execution all acts of parliament for punishing all persones who shall be mockers or Reproachers of piety or the Exercise therof and Cause them pay the penalties Contained in the forementioned act of parliament against profane swearing. Item The Act of our first parliament Session first Caput Thirteenth, Intituled act against Prophaneness Strictly Requiring and Enjoyning That all sheriffs and ther Deputes Stewarts and ther Deputes Bailies of Bailiaries and Regalities and ther Deputs Magistrats of Burghs Royall and Justices of peace within whose Bounds any of the saids Sins of Cursing Swearing Drunkenness, fornication Prophanation of the Lords-day and mocking and Reproaching of Religion shall happen to be Committed To putt the saids acts to Exact and punctual Execution att all Tymes without necessity of any Dispensation and against all persons whither officers souldiers or others without Exception. Certifieing That such of the said Judges as shall refuse neglect or Delay to put the Laws made against the saids Sins in Execution upon Application of any minister or Kirk-session or any person in ther name offering Information and sufficient Probation shall toties quoties be Subject and Lyable To a fine of Ane Hundred pounds Scots for which They may be punished at the Instance of the Agent for the Kirk or minister of the paroch by Summar process without the order of the Roll. Item The Twenty one Act of the second session of the Current Parliament Dated The Nynteenth of July Jaj vic nyntie. Intituled act anent murdering of Children. Wherby it is Statute That if any woman shall Conceal her Being with Child During the whole space and shall not Call for and make use of help and assistance In the Birth, The Child being found Dead or a missing The mother shall be repute the murderer of her own Child, Tho ther be no appearance of Bruise or Wound upon the Body of the Child. All which acts abovementioned are heirby ordered to be published only for superabundance and the Better Information of our Leiges with the Least Derogation to other acts or Laws not published In this manner. Our Will is Heirfore And wee Charge yow Strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and to the Remanent mercat Crosses of the heads Burghs of the severall shires and stewartries within this Kingdom and in our name and authority make publication hereof, That none may pretend Ignorance And wee ordain our Solicitor to Dispatch Copies hereof To the Sheriffs of the several Shires and Stewarts of Stewarties and ther deputs or Clerks, to be by them published att the Mercat Crosses of the head Burghs upon Receit therof And immediately sent to the several ministers To the Effect the same may be Read and Intimate att ther paroch Churches upon the Lords Day Immediately following the publication hereof att the saids mercat Crosses. And ordains these presents to be printed and published in manner forsaid Given under our Signet att Edinburgh The Twenty Fifth Day of January and of our Reign the ninth year 1698 sic subscribitur.

1. NRS, PC1/51, 337-44.

2. One word obscured here by ink stain

1. NRS, PC1/51, 337-44.

2. One word obscured here by ink stain

Warrant, 25 January 1698, Edinburgh

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Att Edinburgh The Twenty Fifth Day of January Jaj vjc nyntie Eight years

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Warrant

Warrant To the Lord Carmichael for Disbanding The Lord Lorn and Colonell Buchans Regiments

The Lords of his Majesties privy Councill Having Considered his Majesties Letter Direct to them anent the Disbanding the Lord Lorn and Colonell John Buchans Regiments from Flanders so soon as they Land and ordering ther armes To be Laid up, and Impowring the Councill To Recommend To the Lords Commissioners of his Majesties Thesaury the payment of Eight days subsistence to the Centinels Conform to the present Establishment They heirby Recommend to the Lords Commissioners of his Majesties Thesaury To cause payment be made of Eight days subsistence to Each single Centinell of the saids Two Regiments so soon as they shall be Landed And Recommends to the Lord Carmichael Commander In cheif of his Majesties forces within this Kingdom for the Tyme To Cause Disband the saids Two Regiments which are already Landed att Cramond once the morrow and that att the said Town of Cramond and to send ane officer to see the saids Company’s Disbanded and their armes secured in his Majesties Magazine In the Castle of Edinburgh, And Gives order and warrant to the Sheriff principall of Edinburgh sheriffdome and his Deputs to provide Carts for Carrieing of the saids armes from Cramond to Edinburgh Castle. And Recommends to the said Lord Carmichaell to cause Disband the Rest of the Company’s and Centinells of the saids Two Regiments from tyme to tyme as they shall Land att any Port within this Kingdom And that att the particular places of ther Landing and to send ane officer to Each place where they shall be disbanded And that the officer take Care of and Receave from them ther armes And to cause Lodge them In his Majesties Magazine Neighest the place of ther Disbanding And ordains the Sheriff principalls and their deputs of the severall shires where the saids Regiments or any of their Centinells shall be disbanded or the Magistrats of Edinburgh In caice they Land within their priviledges To prepare Carts as they shall be requires from tyme to tyme By the saids Lord Carmichaell for Conveying the armes to the nixt adjacent magazins. And Recommends to the said Lord Carmichaell To Cause the officers whom he sends to see the souldiers Disbanded Take special Care that the Eight Days subsistence be payed to Each single Centinell man by man And that no part thereof be Keeped Back from them By the officers or others whatsoever.

Att Edinburgh The Twenty Fifth Day of January Jaj vjc nyntie Eight years

A1698/1/231

Warrant

Warrant To the Lord Carmichael for Disbanding The Lord Lorn and Colonell Buchans Regiments

The Lords of his Majesties privy Councill Having Considered his Majesties Letter Direct to them anent the Disbanding the Lord Lorn and Colonell John Buchans Regiments from Flanders so soon as they Land and ordering ther armes To be Laid up, and Impowring the Councill To Recommend To the Lords Commissioners of his Majesties Thesaury the payment of Eight days subsistence to the Centinels Conform to the present Establishment They heirby Recommend to the Lords Commissioners of his Majesties Thesaury To cause payment be made of Eight days subsistence to Each single Centinell of the saids Two Regiments so soon as they shall be Landed And Recommends to the Lord Carmichael Commander In cheif of his Majesties forces within this Kingdom for the Tyme To Cause Disband the saids Two Regiments which are already Landed att Cramond once the morrow and that att the said Town of Cramond and to send ane officer to see the saids Company’s Disbanded and their armes secured in his Majesties Magazine In the Castle of Edinburgh, And Gives order and warrant to the Sheriff principall of Edinburgh sheriffdome and his Deputs to provide Carts for Carrieing of the saids armes from Cramond to Edinburgh Castle. And Recommends to the said Lord Carmichaell to cause Disband the Rest of the Company’s and Centinells of the saids Two Regiments from tyme to tyme as they shall Land att any Port within this Kingdom And that att the particular places of ther Landing and to send ane officer to Each place where they shall be disbanded And that the officer take Care of and Receave from them ther armes And to cause Lodge them In his Majesties Magazine Neighest the place of ther Disbanding And ordains the Sheriff principalls and their deputs of the severall shires where the saids Regiments or any of their Centinells shall be disbanded or the Magistrats of Edinburgh In caice they Land within their priviledges To prepare Carts as they shall be requires from tyme to tyme By the saids Lord Carmichaell for Conveying the armes to the nixt adjacent magazins. And Recommends to the said Lord Carmichaell To Cause the officers whom he sends to see the souldiers Disbanded Take special Care that the Eight Days subsistence be payed to Each single Centinell man by man And that no part thereof be Keeped Back from them By the officers or others whatsoever.

1. NRS, PC1/51, 336-7.

1. NRS, PC1/51, 336-7.

Letter: royal, 25 January 1698, Edinburgh

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Att Edinburgh The Twenty Fifth Day of January Jaj vjc nyntie Eight years

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Letter: royal

Letter from the King Disbanding The Lord Lorn and Colonell Buchans Regiments

The Letter underwritten from his Majesty to the Councill being Read was ordered to be Recorded wherof the tenor follows:
Right Trusty and right welbeloved Cousin and Councellour, Right Trusty and Entirely beloved Cousin and Councellor, Right Trusty and Right welbeloved Cousins and Councellors, Right trusty and welbeloved Cousins and Councellors, Right trusty and welbeloved Councellors and trusty and welbeloved Counsillors Wee greet yow well Whereas wee have ordered our Two Regiments of foot Commanded by the Lord Lorn and Colonel John Buchan To sail from Flanders for that our Kingdom, It is our will and pleasure that as soon as the saids Regiments shall Land yow give orders for Disbanding the same And secureing ther armes to be Laid up in our Magazines And wee heirby Impower yow to Recommend To the Lords of our Thesaury To order the payment of Eight days Subsistence to Each of the privat Centinells of the saids Regiments Conform to the Establisht Pay of our said Kingdom. For doing whereof this shall be your warrant So wee bid yow heartily farewell. Given att our Court att Kensingtoun the 15th day of January 1697/8 and of our Reign the 9th year. By his Majesties Command sic subscribitur James Ogilvie.

Att Edinburgh The Twenty Fifth Day of January Jaj vjc nyntie Eight years

A1698/1/221

Letter: royal

Letter from the King Disbanding The Lord Lorn and Colonell Buchans Regiments

The Letter underwritten from his Majesty to the Councill being Read was ordered to be Recorded wherof the tenor follows:
Right Trusty and right welbeloved Cousin and Councellour, Right Trusty and Entirely beloved Cousin and Councellor, Right Trusty and Right welbeloved Cousins and Councellors, Right trusty and welbeloved Cousins and Councellors, Right trusty and welbeloved Councellors and trusty and welbeloved Counsillors Wee greet yow well Whereas wee have ordered our Two Regiments of foot Commanded by the Lord Lorn and Colonel John Buchan To sail from Flanders for that our Kingdom, It is our will and pleasure that as soon as the saids Regiments shall Land yow give orders for Disbanding the same And secureing ther armes to be Laid up in our Magazines And wee heirby Impower yow to Recommend To the Lords of our Thesaury To order the payment of Eight days Subsistence to Each of the privat Centinells of the saids Regiments Conform to the Establisht Pay of our said Kingdom. For doing whereof this shall be your warrant So wee bid yow heartily farewell. Given att our Court att Kensingtoun the 15th day of January 1697/8 and of our Reign the 9th year. By his Majesties Command sic subscribitur James Ogilvie.

1. NRS, PC1/51, 335-6.

1. NRS, PC1/51, 335-6.

Sederunt, 25 January 1698, Edinburgh

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Att Edinburgh The Twenty Fifth Day of January Jaj vjc nyntie Eight years1

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Sederunt

Lord Chancellor; Earl of Melvill P.C.; Earl of Southerland; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Ruglen; Viscount Tarbat; Lord Montgomerie; Lord Raith T.D.; Lord Forbess; Lord Belhaven; Lord Ruthven; Sir James Ogilvie. S.; Lord Advocate; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Fontonhall; Lord Anstruther; Lord Rankillor; Mr Francis Montgomery; Laird of Grant; Laird of Pollock; Laird of Stevenson; Laird of Cessnock; Laird of Kelburn

Att Edinburgh The Twenty Fifth Day of January Jaj vjc nyntie Eight years1

A1698/1/212

Sederunt

Lord Chancellor; Earl of Melvill P.C.; Earl of Southerland; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Ruglen; Viscount Tarbat; Lord Montgomerie; Lord Raith T.D.; Lord Forbess; Lord Belhaven; Lord Ruthven; Sir James Ogilvie. S.; Lord Advocate; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Fontonhall; Lord Anstruther; Lord Rankillor; Mr Francis Montgomery; Laird of Grant; Laird of Pollock; Laird of Stevenson; Laird of Cessnock; Laird of Kelburn

1. NRS, PC1/51, 335.

2. NRS, PC1/51, 335.

1. NRS, PC1/51, 335.

2. NRS, PC1/51, 335.