Tag Archives: 26 July 1692

Order, 26 July 1692, Edinburgh

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Edinburgh the Twentie sixth day of Jully Jaj vjc nyntie two years

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Order

Recomendatione to the thesaurie The Commissioners of Supply of Berwick shyre

Anent a Petition given in to the Lords of their Majesties privy Councill be the Justice of peace and Commissioners of Supply in the shyre of Berwick Shewing That the Watters of Whititer and Blaikiter being both great watters and frequently unpassible even upon horse back, Haveing the tounes of Berwick Coldinghame and Eymouth upon the east syde to which places the inhabitants of the shyre carie their cornes to be Imbarqued, And from which they and the tounes of Duns Coldstream Kelso and the burgh of Lauder upon the west syde which are the Cheif marcats in this Countrey and also the burgh of Jedburgh, And a great port of Teviotdale are furnished with timber for their building ane with Iron Tarr and many Other Commodities of merchandize, And that the only bridge upon Whittiter of two large Arches and the bridg at Fogo upon Blaickitter are so farr Decayed that if they shall be another winter unrepaired they will Certainly fall doune and ruine to the great prejudice not only of the tounes abovementioned But of the wholl inhabitants of this and the nighbouring shyre, And Considering that the saids Lords have appointed the bridge of Ayton upon the Watter of Eye to be repaired out of the vaccand stipends of the parish of Ayton And that ther can be no more piouse use wherupon to Imploy the vaccant stipends of this shyre, And quherin the wholl parishes therof are so much concerned then the repairing of the said two bridges over Whittiter and Blaickiter, And that by the opinion of workmen Which they hade taken the doeing therof would amount to a Considerable soume viz betwixt five and six Thousand merks, And seing as they are informed that the saids Lords had gifted the vaccand stipends of the parishes of Duns, Coldinghame, Fogo, Lauder and Eymouth to certaine ministers for the year Jaj vjc nyntie one And that these parishes and the parish of Hutton are still vaccant, And not very like to be seen plainted and a call at their majesties presentation, And Therfore Humbly Craveing the saids Lords would grant them for repairing of the saids two bridges the stipends of the saids two parishes of Duns Coldinghame, Fogo Lauder and Eymouth for the year Jaj vjc nyntie two And of the parish of Hutton for the year Jaj vjc nyntie one and Jaj vjc nyntie two with the burden of the mans which is in decay at least of such of them as come not to be plainted before Micheallmiss nixt to be called for uplifted and Imployed for the use aforsaid by the Lord Polwarth shireff of the shyre And to grant letters against those Lyable in payment for in bringing of the same as the said Petition bears. The Lords of their Majesties privy Councill haveing heard this petitione given in to them be the above Commissioners of Supply within the shyre of Berwick They Recomend To the Lords Commissioners of their Majesties thesaurie to grant the desyre of the said petition.

Edinburgh the Twentie sixth day of Jully Jaj vjc nyntie two years

D1692/7/271

Order

Recomendatione to the thesaurie The Commissioners of Supply of Berwick shyre

Anent a Petition given in to the Lords of their Majesties privy Councill be the Justice of peace and Commissioners of Supply in the shyre of Berwick Shewing That the Watters of Whititer and Blaikiter being both great watters and frequently unpassible even upon horse back, Haveing the tounes of Berwick Coldinghame and Eymouth upon the east syde to which places the inhabitants of the shyre carie their cornes to be Imbarqued, And from which they and the tounes of Duns Coldstream Kelso and the burgh of Lauder upon the west syde which are the Cheif marcats in this Countrey and also the burgh of Jedburgh, And a great port of Teviotdale are furnished with timber for their building ane with Iron Tarr and many Other Commodities of merchandize, And that the only bridge upon Whittiter of two large Arches and the bridg at Fogo upon Blaickitter are so farr Decayed that if they shall be another winter unrepaired they will Certainly fall doune and ruine to the great prejudice not only of the tounes abovementioned But of the wholl inhabitants of this and the nighbouring shyre, And Considering that the saids Lords have appointed the bridge of Ayton upon the Watter of Eye to be repaired out of the vaccand stipends of the parish of Ayton And that ther can be no more piouse use wherupon to Imploy the vaccant stipends of this shyre, And quherin the wholl parishes therof are so much concerned then the repairing of the said two bridges over Whittiter and Blaickiter, And that by the opinion of workmen Which they hade taken the doeing therof would amount to a Considerable soume viz betwixt five and six Thousand merks, And seing as they are informed that the saids Lords had gifted the vaccand stipends of the parishes of Duns, Coldinghame, Fogo, Lauder and Eymouth to certaine ministers for the year Jaj vjc nyntie one And that these parishes and the parish of Hutton are still vaccant, And not very like to be seen plainted and a call at their majesties presentation, And Therfore Humbly Craveing the saids Lords would grant them for repairing of the saids two bridges the stipends of the saids two parishes of Duns Coldinghame, Fogo Lauder and Eymouth for the year Jaj vjc nyntie two And of the parish of Hutton for the year Jaj vjc nyntie one and Jaj vjc nyntie two with the burden of the mans which is in decay at least of such of them as come not to be plainted before Micheallmiss nixt to be called for uplifted and Imployed for the use aforsaid by the Lord Polwarth shireff of the shyre And to grant letters against those Lyable in payment for in bringing of the same as the said Petition bears. The Lords of their Majesties privy Councill haveing heard this petitione given in to them be the above Commissioners of Supply within the shyre of Berwick They Recomend To the Lords Commissioners of their Majesties thesaurie to grant the desyre of the said petition.

1. NRS, PC2/24, 80v-81r.

1. NRS, PC2/24, 80v-81r.

Order, 26 July 1692, Edinburgh

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Edinburgh the Twentie sixth day of Jully Jaj vjc nyntie two years

D1692/7/261

Order

[Ramsay and Purves, witnesses in libel against James Dunlop]

Ramsay and Purves two witnesses in the Lybell Home of Coldinghame against James Dunlop brought in by a Caption Compeired and made faith at the barr And Recomends to the Committie formerly named in this process to examine the said John Ramsay and either refuse the woman or receive her come nota as they shall think fitt.

Edinburgh the Twentie sixth day of Jully Jaj vjc nyntie two years

D1692/7/261

Order

[Ramsay and Purves, witnesses in libel against James Dunlop]

Ramsay and Purves two witnesses in the Lybell Home of Coldinghame against James Dunlop brought in by a Caption Compeired and made faith at the barr And Recomends to the Committie formerly named in this process to examine the said John Ramsay and either refuse the woman or receive her come nota as they shall think fitt.

1. NRS, PC2/24, 80r.

1. NRS, PC2/24, 80r.

Procedure: committee formed, 26 July 1692, Edinburgh

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Edinburgh the Twentie sixth day of Jully Jaj vjc nyntie two years

D1692/7/251

Procedure: committee formed

Comittie Eccles qra Mcquarters and others

The Lybell at the instance of Robert Eccles younger of Killdonan and others Against John Mcquharter elder in Drumfeirnie John and James Mcquharters his sones and Fergus Patersone in Knockdaw defenders and the Lybell of Reconventione at the instance of the saids defenders against the pursuars being both called And the said Robert Eccles one of the pursuars Comparing personally with Sir James Ogilvie Sir David Thores and Mr Rorie Mckenzie younger advocats for him and the rest of the pursuars who ware absent and Compeired not, And the defenders in this Lybell who are pursuars in the reconventione all Compeiring personally with James Stewart senior their advocat The Lords of their Majesties Privy Councill haveing heard both Lybells with the answers given in, to the reconventione Read in their presence And Such of the witnesses on aither Lybell as ware present haveing Compeired and made faith at the barr They allow the witnesses Compeiring on aither Lybell to be received, And nominates and Appoints the Master of Forbes the Lord Enstruther and Sir Patrick Murray to examine the witnesses, And Reserves all objectiones against the witnesses to be proponed and Disscussed before the Committie And Grants farder Dilligence against the witnesses absent in aither process as they are marked in the rolls To the […] day of […] And excusses the absence of Gilbert Kennedy of Clanchistoune one of the pursuars in this Lybell and a difender in the reconvention And Ordaines his name to be delate in both processes And Recomends to the Committie to meet on Thursday at ten in the forenoon.

Edinburgh the Twentie sixth day of Jully Jaj vjc nyntie two years

D1692/7/251

Procedure: committee formed

Comittie Eccles qra Mcquarters and others

The Lybell at the instance of Robert Eccles younger of Killdonan and others Against John Mcquharter elder in Drumfeirnie John and James Mcquharters his sones and Fergus Patersone in Knockdaw defenders and the Lybell of Reconventione at the instance of the saids defenders against the pursuars being both called And the said Robert Eccles one of the pursuars Comparing personally with Sir James Ogilvie Sir David Thores and Mr Rorie Mckenzie younger advocats for him and the rest of the pursuars who ware absent and Compeired not, And the defenders in this Lybell who are pursuars in the reconventione all Compeiring personally with James Stewart senior their advocat The Lords of their Majesties Privy Councill haveing heard both Lybells with the answers given in, to the reconventione Read in their presence And Such of the witnesses on aither Lybell as ware present haveing Compeired and made faith at the barr They allow the witnesses Compeiring on aither Lybell to be received, And nominates and Appoints the Master of Forbes the Lord Enstruther and Sir Patrick Murray to examine the witnesses, And Reserves all objectiones against the witnesses to be proponed and Disscussed before the Committie And Grants farder Dilligence against the witnesses absent in aither process as they are marked in the rolls To the […] day of […] And excusses the absence of Gilbert Kennedy of Clanchistoune one of the pursuars in this Lybell and a difender in the reconvention And Ordaines his name to be delate in both processes And Recomends to the Committie to meet on Thursday at ten in the forenoon.

1. NRS, PC2/24, 80r.

1. NRS, PC2/24, 80r.

Sederunt, 26 July 1692, Edinburgh

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Edinburgh the Twentie sixth day of Jully Jaj vjc nyntie two years1

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Sederunt

Lord Chancelor; Earl of Melvill p: Seall; Marquis of Douglas; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Earl of Kintoir; Earl of Brodalbine; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Polwarth; Master of Forbes; Mr Johnston Secret; Lord Hatton; Lord Enstruther; Laird of Blackbarrony; Sir Thomas Livingston; Sir William Lockhart; Sir Patrick Murray

Edinburgh the Twentie sixth day of Jully Jaj vjc nyntie two years1

D1692/7/242

Sederunt

Lord Chancelor; Earl of Melvill p: Seall; Marquis of Douglas; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Earl of Kintoir; Earl of Brodalbine; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Polwarth; Master of Forbes; Mr Johnston Secret; Lord Hatton; Lord Enstruther; Laird of Blackbarrony; Sir Thomas Livingston; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 79v.

2. NRS, PC2/24, 79v.

1. NRS, PC2/24, 79v.

2. NRS, PC2/24, 79v.

Act, 26 July 1692, Edinburgh

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Att Edinburgh the Tuenty sixth day of Jullij Jaj vjc nyntie tuo years

A1692/7/671

Act

Protectione Viscount of Kenmure

Anent the petitione given in to the Lords of there majesties privie Councill Shewing That where the petitioner is Come in here In obedience to there Lordships call upon the accompt of a Clamorous and groundles complaint raised againest the petitioner at the instance of Margaret Rasper And that the petitioner is most desyrous that the ground of the said complaint may be heard and considdered be the saids Lords But being everie hour exposed to the danger of personall dilligence of my creditors Especiallie for the debts contracted be the petitioner for the use of his regiment and yet resting to the effect under wreitten as the said petitione bears The saids Lords of there majesties privie Councill Haveing considdered the above petitione given in be the above Viscount of Kenmure They hereby discharge all messengers at armes officers within burgh or others to putt to executione any Letters of Captione or acts of warding againest the petitioner for any cause civill or Criminall untill the tuenty fyfth day of August next to come Inclusive Excepting alwayes there majestyes rents and publict Dues sic subscribitur Tweeddale Cancel: Linlithgow Kintore Breadalbaine Tarbat Cardross William Master of Forbes Archibald Murray Patrick Murray

At Edinburgh 26 July 1692

A1692/7/671

Act

Protection for [Alexander Gordon] Viscount Kenmure

Concerning the petition given in to the lords of their majesties’ privy council showing that where the petitioner is come in here in obedience to their lordships’ call upon the account of a clamorous and groundless complaint raised against the petitioner at the instance of Margaret Rasper, and that the petitioner is most desirous that the ground of the said complaint may be heard and considered by the said lords, but being every hour exposed to the danger of personal diligence of my creditors especially for the debts contracted by the petitioner for the use of his regiment and yet resting to the effect underwritten as the said petition bears, the said Lords of their majesties’ privy council having considered the above petition given in by the above Viscount of Kenmure they hereby discharge all messengers at arms, officers within burgh or others to put to execution any letters of caption or acts of warding against the petitioner for any cause civil or criminal until the twenty fifth day of August next to come inclusive, excepting always their majesties’ rents and public dues. Signed Tweeddale chancellor, Linlithgow, Kintore, Breadalbane, Tarbat, Cardross, William Master of Forbes, Archibald Murray [and] Patrick Murray

1. PC1/48, 339.

1. PC1/48, 339.

Order, 26 July 1692, Edinburgh

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Att Edinburgh the Tuenty sixth day of Jullij Jaj vjc nyntie tuo years

A1692/7/661

Order

Order to the Sollicitor to prosecute the Duke of Gordon, Earl of Seaforth Sir Thomas Livingstouns dragoons etc

The Lords of there majesties privie Councill Considering that his majestie by his Letter direct to them under his Royall hand of the date the fourteent day of Jullij instant hath requyred there Lordships to cause cite all scottsmen to appear before them who have gone to France since his majesties descent into Brittaine There being warr declared with France and proclaimed in all there majestyes Kingdoms and to give order to there majestyes sollicitor and the Lawyers his assistants to raise process of treasone againest the Duke of Gordone and all other scottsmen who have been about King James In order to the Joyneing with him with french and Irish forces To make ane Invasione upon any of there majestyes Kingdomes or such as have keepts correspondence or hade Intelligence with him or any Imployed by him And that there be care taken to find out the persones concerned and to get sufficient prooffs againest them whereby all that have gone since the warr to France and shall not returne to make there appearance before the saids Lords may be denunced And such as have actually concurred and Joyned in the designed Invasione may be forfaulted as traittours to there religion and Countrie and Enemyes to there majesties Government and Lawes And also to give orders for a process of treasone againest the Earle of Sieforth for his Invasione with forces from Ireland and his behaviour since And Lykewayes prosecute these officers sometymes in Sir Thomas Livingstouns regiment of dragoons The saids Lords of privie Councill doe hereby recomend to Sir William Lockhart there Majestyes Sollicitor to take all Informatione he can what scottsmen have gone to France dureing the space abovementioned And to Cause Cite them to appear befor the privie Councill in the termes of there Majesties Letter And doe hereby give order and warrand to the said sollicitor to raise proceses of treasone againest the Duke of Gordon and all other scottsmen who have been about the Late King James in the termes of his majestyes above Letter And recomends to the sollicitor to take care to find out the persones particularly or generallie related in his majesty Letter And to get sufficient prooffs againest them for the ends in the said Letter mentioned And also Gives order and warrand to the sollicitor to raise a process of treasone againest the Earle of Seaforth and Lykewayes to prosecute the Lord Bellinden and the officers sometymes in Sir Thomas Livingstouns said regiment And to prosecute these proceses as by his majestyes said Letter is appoynted.

At Edinburgh 26 July 1692

A1692/7/661

Order

Order to the Solicitor to prosecute the Duke of Gordon, Earl of Seaforth and Sir Thomas Livingston’s dragoons etc

The lords of their majesties’ privy council considering that his majesty by his letter direct to them under his royal hand of the date the fourteenth day of July instant has required their lordships to cause cite all Scotsmen to appear before them who have gone to France since his majesty’s descent into Britain, there being war declared with France and proclaimed in all their majesties’ kingdoms and to give order to their majesties’ solicitor and the lawyers his assistants to raise process of treason against [George Gordon] duke of Gordon and all other Scotsmen who have been about King James in order to the joining with him with French and Irish forces to make an invasion upon any of their majesties’ kingdoms or such as have kept correspondence or had intelligence with him or any employed by him, and that there be care taken to find out the persons concerned and to get sufficient proofs against them whereby all that have gone since the war to France and shall not return to make their appearance before the said lords may be denounced, and such as have actually concurred and joined in the designed invasion may be forfeited as traitors to their religion and country and enemies to their majesties’ government and laws; and also to give orders for a process of treason against [Kenneth Mackenzie] earl of Seaforth for his invasion with forces from Ireland and his behaviour since, and likewise prosecute those officers sometimes in Sir Thomas Livingston’s regiment of dragoons, the said lords of privy council do hereby recommend to Sir William Lockhart their majesties’ solicitor to take all information he can what Scotsmen have gone to France during the space above mentioned and to cause cite them to appear before the privy council in the terms of their majesties’ letter, and do hereby give order and warrant to the said solicitor to raise processes of treason against the duke of Gordon and all other Scotsmen who have been about the late King James in the terms of his majesty’s above Letter, and recommends to the solicitor to take care to find out the persons particularly or generally related in his majesty’s letter, and to get sufficient proofs against them for the ends in the said letter mentioned, and also gives order and warrant to the solicitor to raise a process of treason against the earl of Seaforth and likewise to prosecute [William Drummond] Lord Bellenden and the officers sometimes in Sir Thomas Livingston’s said regiment, and to prosecute these processes as by his majesty’s said letter is appointed.

1. PC1/48, 338.

1. PC1/48, 338.

Procedure, 26 July 1692, Edinburgh

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Att Edinburgh the Tuenty sixth day of Jullij Jaj vjc nyntie tuo years

A1692/7/651

Procedure

Approbation of the presbitryes of Edinburgh makeing use of their Jus devolutum in calling a minister to South Leith

The2 Comittee3 of there majestyes privie Councill to whom It wes Remitted to meet with some of the ministers of the presbitry of Edinburgh and to acquant them That it wes the Councills Inclinatione That the presbitrie should make sure of there Jus devolutum In setleing a first minister at the Kirk of South Leith That so the Competitione upon the tuo different calls to Mr Wishart and Mr Gray might be removed Haveing reported that severall ministers from the presbitry did attend the Lords of the Comittee And acquanted them that the presbitry were resolved Conforme to the Councills Inclinatione to make use of there Jus devolutum in this case The saids Lords of there majestyes privie Councill doe hereby declare there satisfactione with the resolutione of the presbitrie And there being a petitione given in to the Lords of privie Councill this day being the minister elders and Cessioners of South Leith who subscrybed the call to Mr Gray Craveing they might be declared the only Lawfull sessione of the said kirk The Councill Laid the same asyde and declared to be Lett fall.

At Edinburgh 26 July 1692

A1692/7/651

Procedure

Approbation of the presbyteries of Edinburgh making use of their Jus devolutum2 in calling a minister to South Leith

The committee of their majesties’ privy council to whom it was remitted to meet with some of the ministers of the presbytery of Edinburgh and to acquaint them that it was the council’s inclination that the presbytery should make sure of their Jus devolutum in settling a first minister at the kirk of South Leith that so the competition upon the two different calls to Mr Wishart and Mr Gray might be removed, having reported that several ministers from the presbytery did attend the lords of the committee and acquainted them that the presbytery were resolved, conforming to the council’s inclination, to make use of their Jus devolutum in this case, the said lords of their majesties’ privy council do hereby declare their satisfaction with the resolution of the presbytery, and there being a petition given in to the lords of privy council this day being the minister, elders and cessioners of South Leith who subscribed the call to Mr Gray craving they might be declared the only lawful session of the said kirk, the council laid the same aside and declared to be let fall.

1. PC1/48, 337.

2. The word ‘Lords’ deleted here.

3. Inserted above main line of text.

1. PC1/48, 337.

2. Simply ‘devolved right’

Procedure: committee, 26 July 1692, Edinburgh

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Att Edinburgh the Tuenty sixth day of Jullij Jaj vjc nyntie tuo years

A1692/7/641

Procedure: committee

Comittee for putting the alleadgeance and assureance to the heretors of Midlouthian and all other heretors

The Lords of there Majestyes privie Councill Considering that his majestie by his Letter to there Lordships under his Royall hand of the dait the Fourteint day of Jullij Instant have authorized and requyred them to put the oath of alleadgeance and the assureance to all heretors of this Kingdome with all convenient dilligence And if any shall at this tyme refuse to give that necessarie evidence of there duetyfull affectione to the government which the Law hath proposed The saids Lords are by his majestyes said Letter to apply the Certificationes of the Law without distinctione of persones The saids Lords doe hereby recomend to the Earle of Melvill Lord privie seall The Earles of Linlithgow Louthian and Leven The Viscount Tarbatt, Lord Montgomerie Lord Cardross Sir Thomas Burnet of Leyes and Sir William Lockhart Sollicitor the Comittee formerly appointed for offering the oath of alleadgeance and assureance to the heretors of Mid Lothian to meet on thursday next at ten in the forenoon and make offer thereof to such of the saids heretors as have not alreadie taken both the oath and assureance or are not Imprisoned or excused And the saids Lords doe hereby Add the Lord Viscount Stair and the Lord Polwarth to be of the number of the forsaid Comitte And recomends to them to considder what methods and measures will be most Convenient for putting the said oath and assureance to all the heretors of this Kingdome without distinctione of persones and that with all diligence That His majestyes said Letter may receave punctuall obedience and to make report to the Councill.

At Edinburgh 26 July 1692

A1692/7/641

Procedure: committee

Committee for putting the allegiance and assurance to the heritors of Midlothian and all other heritors

The lords of their majesties’ privy council considering that his majesty by his letter to their lordships under his royal hand of the date the fourteenth day of July instant have authorized and required them to put the oath of allegiance and the assurance to all heritors of this kingdom with all convenient diligence, and if any shall at this time refuse to give that necessary evidence of there dutiful affection to the government which the law has proposed, the said lords are by his majesty’s said letter to apply the certifications of the law without distinction of persons. The said lords do hereby recommend to the earl of Melville, Lord Privy Seal, the earls of Linlithgow, Lothian and Leven, the Viscount Tarbat, Lord Montgomerie, Lord Cardross, Sir Thomas Burnet of Leys and Sir William Lockhart solicitor, the committee formerly appointed for offering the oath of allegiance and assurance to the heritors of MidLothian to meet on Thursday next at ten in the forenoon and make offer thereof to such of the said heritors as have not already taken both the oath and assurance, or are not imprisoned or excused, and the said lords do hereby add the Lord Viscount Stair and the Lord Polwarth to be of the number of the forsaid committee and recommends to them to consider what methods and measures will be most convenient for putting the said oath and assurance to all the heritors of this kingdom without distinction of persons and that with all diligence that his majesty’s said letter may receive punctual obedience and to make report to the council.

1. PC1/48, 337.

1. PC1/48, 337.

Order, 26 July 1692, Edinburgh

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Att Edinburgh the Tuenty sixth day of Jullij Jaj vjc nyntie tuo years

A1692/7/631

Order

Recomendatione to the former Comittee anent the militia upon the Kings Letter

The Lords of there majestyes privie Councill Considdering that his Majesty by his Letter under his Royall hand direct to them of the dait the fourteint day of Jully instant Hes declared his Royall pleasure That there Lordships have under there Consideratione what methods may be taken for rendering the militia in wholl or in pairt usefull and effectuall to be Joyned with the standing forces Incase there were occasione aither to resist forraigne Invasiones or to repress intestine Commotions And as they are by the said Letter to considder how it may be most effectuall and with the Least burdern to the Leedges so they are to take the advyce of Lawyers how farr that may be Legallie done And the saids Lords are to transmitt to his Majesty there Lordships and the Lawyers opiniones so soon as they can The saids Lords of privie Councill doe hereby recomend to the Comittee formerly appointed for considdering how the Countrey may be put in a posture of defence by raising the militia in wholl or in pairt or otherwayes viz The Earles of Drumlangrig Linlithgow and Breadalbaine The Lord viscounts Tarbat and Stair The Lords Raith Cardross and Beilhaven The Lairds of Blackbarrony and Steivinstoun Sir Thomas Livingstoun and Sir Patrick Murray and any fyve of them to be a quorum to meet and Consider what are the most convenient and effectuall measures to be followed for rendering punctuall and speedie obedience to his majestyes Comands in this effair with power to the Comittee to Call befor them such Lawyers as they shall think fitt to advyse with in this matter And to report to the Councill.

At Edinburgh 26 July 1692

A1692/7/631

Order

Recommendation to the former Committee anent the militia upon the King’s Letter

The lords of their majesties’ privy council considering that his majesty, by his letter under his royal hand direct to them of the date the fourteenth day of July instant, has declared his royal pleasure that their lordships have under their consideration what methods may be taken for rendering the militia in whole or in part useful and effectual to be joined with the standing forces in case there were occasion either to resist foreign invasions or to repress intestine commotions, and as they are by the said letter to consider how it may be most effectual and with the least burden to the lieges so they are to take the advice of lawyers how far that may be legally done, and the said lords are to transmit to his majesty their lordships’ and the lawyers’ opinions so soon as they can, the said lords of privy council do hereby recommend to the committee formerly appointed for considering how the country may be put in a posture of defence by raising the militia in whole or in part or otherwise, namely the earls of Drumlanrig, Linlithgow and Breadalbane, the lord viscounts Tarbat and Stair, the Lords Raith, Cardross and Belhaven, the lairds of Blackbarony and Stevenson, Sir Thomas Livingston and Sir Patrick Murray, and any five of them to be a quorum, to meet and consider what are the most convenient and effectual measures to be followed for rendering punctual and speedy obedience to his majesty’s commands in this affair, with power to the committee to call before them such lawyers as they shall think fit to advise with in this matter and to report to the council.

1. PC1/48, 336.

1. PC1/48, 336.

Letter: royal, 26 July 1692, Edinburgh

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Att Edinburgh the Tuenty sixth day of Jullij Jaj vjc nyntie tuo years

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Letter: royal

Kings Letter upon severall particulars

Ane other Letter From the Kings Majesty to the Councill being read wes also ordered to be recorded whereof the tenor followes
Sic suprascribitur William Rex.
Right trustie and Right well beloved Cousin and Councillor Right trustie and Intirely beloved Cousin’s and Councillours Right trustie and Right well beloved etc as in the preceeding Letter of this sederunt anent adjourning the parliament wee greet yow well Whereas it hath pleased Almighty God to dissappoint the designes of our Enemyes and secure our Kingdome from the fears of Invasione by the success of our fleet Yow have done well in appoynting a generall thanksgiveing to God And wee authorize yow to returne our heartie thanks to those who did address seasonablie offering to Levie forces on there oune charges for our service when the danger wes Imminent befor that victorie The Gentle methods wee have hitherto used And the mercy wee have showen for these years past to all persones who were but readie to profess there willingnes to returne to there duety must have convinced such as are to be reclamed And the publict safety requyreing the putting the Lawes to a vigorous executione againest the obstinat Wee doe think it fitt to recomend that to your care And wee will expect to see the good Success of your endeavours In bringing all persones to a duetyfull submissione to the Lawes Wee doe authorize and requyre yow to putt the oath of alleadgeance and assureance to all the heretors of that our ancient Kingdome with all convenient diligence And if any shall as at this tyme refuse to give that necessarie evidence of there duetyfull affection to the government which the Law hath proposed yow are to apply the certificationes of the Law without distinction of persones It is not so much from any doubt wee have of the Loyaltie and affectione of our subjects As to Convince the world of the vanity of these hopes with which our Enemies delude themselves Giveing it out that they did expect assistance In case they hade been able to make any Considerable Invasione in that Kingdome Whereas by the heretors takeing universallie the alleadgeance and assureance They rendor the matter evident That they dissoune any interest that may be contrair to our government and destructive to there religion and Lawes Wee doe requyre yow to cause cite all scottsmen to appear befor yow who have gone to France since our descent into Brittain There being warr declared with France and proclamed in all our Kingdomes And yow are to order our sollicitor and the Lawyers his assistants to raise process of treasone againest The Duke of Gordon and all other scottsmen who have been about King James In order to Joyneing with him with french and Irish forces To make ane Invasione upon any of our Kingdomes, or such as have keept correspondence or hade Intelligence with him or any Imployed by him And there must be care taken to find out the persones Concerned and to get sufficient proofes againest them whereby all that have gone since the warr to France and shall not returne to make there appearance befor yow may be denunced And such as have actually Concurred and Joyned in the designed Invasione may be forfaulted as traitors to there religion and Countrey and Enemies to our government and Lawes You are also to give orders for a process of treasone againest the Earle of Seaforth for his Invasione with forces from Ireland and his behaviour since Yow are Lykewayes to cause prosecute the Lord Bellinden and these officers sometymes in Sir Thomas Livingstouns regiment of Dragoons who have been too Long detained prisoners without being brought to a tryall Wee have appoynted Four hundreth pound Sterling to be payed to these Lawyers who have assisted our sollicitor by your order Wee doe approve your dilligence in putting the Countrey in some posture of defence It is our Pleasure That yow have under your Consideratione what methods may be taken for rendering the militia in wholl or pairt effectuall and usefull to be Joyned with our standing forces In case there were occasione aither to resist forraigne Invasiones or to repress Intestine Commotions And as yow are to Consider how it may be most effectuall and with the Least burden to our Leedges So yow are to take the advyce of Lawyers How farr That may be Legally done and that yow transmitt to us yours and the Lawyers opiniones so soon as yow can And not doubting your readie obedience wee bidd yow heartily Farewell Given at our Campt at Jennep the Fourteent day of Jullij Jaj vjc nyntie tuo years and of our reigne the fourth year By his Majesties Command Sic subscribitur John Dalrymple

At Edinburgh 26 July 1692

A1692/7/621

Letter: royal

King’s Letter upon several particulars

Another letter from the King’s majesty to the council being read was also ordered to be recorded whereof the tenor follows.
Signed above, William Rex.
Right trusty and right well beloved cousin and councillor, right trusty and entirely beloved cousins and councillors, right trusty and right well beloved etc, as in the preceding letter of this sederunt concerning adjourning the parliament, we greet you well, whereas it has pleased Almighty God to disappoint the designs of our enemies and secure our kingdom from the fears of invasion by the success of our fleet you have done well in appointing a general thanksgiving to God, and we authorise you to return our hearty thanks to those who did address seasonably offering to levy forces on their own charges for our service when the danger was imminent before that victory, the gentle methods we have hitherto used and the mercy we have shown for these years past to all persons who were but ready to profess their willingness to return to their duty must have convinced such as are to be reclaimed and the public safety requiring the putting the laws to a vigorous execution against the obstinate, we do think it fit to recommend that to your care and we will expect to see the good success of your endeavours in bringing all persons to a dutiful submission to the laws, we do authorise and require you to put the oath of allegiance and assurance to all the heritors of that our ancient kingdom with all convenient diligence, and if any shall as at this time refuse to give that necessary evidence of there dutiful affection to the government which the law has proposed, you are to apply the certifications of the law without distinction of persons. It is not so much from any doubt we have of the loyalty and affection of our subjects as to convince the world of the vanity of these hopes with which our enemies delude themselves giving it out that they did expect assistance in case they had been able to make any considerable invasion in that kingdom, whereas by the heritors taking universally the allegiance and assurance they render the matter evident that they disown any interest that may be contrary to our government and destructive to their religion and laws. We do require you to cause cite all Scotsmen to appear before you who have gone to France since our descent into Britain there being war declared with France and proclaimed in all our kingdoms, and you are to order our solicitor and the lawyers his assistants to raise process of treason against [George Gordon] duke of Gordon and all other Scotsmen who have been about King James in order to joining with him with French and Irish forces to make an invasion upon any of our kingdoms, or such as have kept correspondence or had intelligence with him or any employed by him, and there must be care taken to find out the persons concerned and to get sufficient proofs against them whereby all that have gone since the war to France and shall not return to make their appearance before you may be denounced and such as have actually concurred and joined in the designed invasion may be forfeited as traitors to their religion and country and enemies to our government and laws. You are also to give orders for a process of treason against [Kenneth Mackenzie] earl of Seaforth for his invasion with forces from Ireland and his behaviour since. Yow are likewise to cause prosecute [William Drummond] Lord Bellenden and those officers sometimes in Sir Thomas Livingston’s regiment of dragoons who have been too long detained prisoners without being brought to a trial. We have appointed four hundred pounds sterling to be paid to those lawyers who have assisted our solicitor by your order. We do approve your diligence in putting the country in some posture of defence. It is our pleasure that you have under your consideration what methods may be taken for rendering the militia in whole or part effectual and useful to be joined with our standing forces in case there were occasion either to resist foreign invasions or to repress intestine commotions, and as you are to consider how it may be most effectual and with the least burden to our lieges so you are to take the advice of lawyers how far that may be legally done and that you transmit to us yours’ and the lawyers’ opinions so soon as you can, and not doubting your ready obedience we bid you heartily farewell. Given at our camp at Jemeppe the fourteenth day of July 1692 and of our reign the fourth year. By his majesty’s command. Signed John Dalrymple

1. PC1/48, 334-6.

1. PC1/48, 334-6.