Act, 27 February 1694, Edinburgh

Att Edinburgh The Tuentie seventh day of february Jaj vic nyntie four years

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Act

Liberation Paterson tailzeor

The Lords of their Majesties privie Councill Doe heirby ordaine […] Paterson tailzeor […] who was seized this day upon suspicion and Committed prisoner to the tolbooth of Edinburgh to be sett at Liberty upon his first Inacting himself in the books of privy Councill That he shall Live peacably under and uith all submission to the present government of their Majesties King William and Queen Mary And that he shall not Act Consult nor Contrive any thing in prejudice therof nor shall not Converss or Correspond uith any rebells And that he shall appear before the saids Lords when called for under the penaltie of five hundreth merks scotts In caise he shall transgress in any pairt of the premisses

Att Edinburgh The Tuentie seventh day of february Jaj vic nyntie four years

A1694/2/461

Act

Liberation Paterson tailzeor

The Lords of their Majesties privie Councill Doe heirby ordaine […] Paterson tailzeor […] who was seized this day upon suspicion and Committed prisoner to the tolbooth of Edinburgh to be sett at Liberty upon his first Inacting himself in the books of privy Councill That he shall Live peacably under and uith all submission to the present government of their Majesties King William and Queen Mary And that he shall not Act Consult nor Contrive any thing in prejudice therof nor shall not Converss or Correspond uith any rebells And that he shall appear before the saids Lords when called for under the penaltie of five hundreth merks scotts In caise he shall transgress in any pairt of the premisses

1. NRS, PC1/49, 275-6.

1. NRS, PC1/49, 275-6.

Act, 27 February 1694, Edinburgh

Att Edinburgh The Tuentie seventh day of february Jaj vic nyntie four years

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Act

Act David Robertsone

Anent the petitione given In to the Lords of their Majesties privy Councill Be David Robertsone vintner in Edinburgh Sheuing That the petitioner being fyned by the saids Lords in the soume of fiftie pounds sterling for drinking the health of the Laite King James He doeth in all humility acknouledge and acquiesce In the Justice and moderation of their Lordships said sentence and humbly begg pardon for his said offence But Craves pardon to represent to the saids Lords by his Long Imprisonment which occasioned much sicknes and the prejudice he sustained by having his house and Cellars blocked up and therby his wynes spoilled and his change (and which is the only means of his Livelyhood) absolutely broken for a considerable tyme The damnage which the petitioner did therby sustaine was farr above the fyne Imposed upon him by the saids Lords their sentence And seing his forsaid fyne is yet unpayed and that his bond for payment therof is yet Lying in their Lordships Clarks hands and as his forsaid offence did only proceed from his being overtaken with drink at the tyme so his deportment ever since hes been (and he hopes for the future shall be) uithout the Leist offence to their Majesties and the government And therfore Humbly Craving their Lordships (In Consideratione of the premisses And that he is heartily sorry for his forsaid offence given to their Lordships in the premisses) to dispense with the payment of the forsaid fyne of fiftie pounds Sterline so justly Imposed upon him And to ordaine the Clark to delyver back his bond given for payment therof as the said petition bears The saids Lords of their Majesties privie Councill Having Considered the above petition They heirby ordaine the petitioner Instantly to Consigne in the hands of the Clarks of Councill the soume of fyve pounds sterline to be disposed off as their Lordships Shall give ordor And upon Consigning the said fyve pounds sterling Declares him to be free of his Bond granted to the Councill Containing the fyne of fiftie pounds sterline and of all executione which hes folloued theron And appoints the Clarks of councill to delyver up the said Bond And the saids Lords ordaines their Clarks when the above fyve pound sterline shall be Consigned in their hands to delyver the same to Elizabeth Breadshaw spouse to James Houat merchant upon her recept which shall be a sufficient Discharge to them

Att Edinburgh The Tuentie seventh day of february Jaj vic nyntie four years

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Act

Act David Robertsone

Anent the petitione given In to the Lords of their Majesties privy Councill Be David Robertsone vintner in Edinburgh Sheuing That the petitioner being fyned by the saids Lords in the soume of fiftie pounds sterling for drinking the health of the Laite King James He doeth in all humility acknouledge and acquiesce In the Justice and moderation of their Lordships said sentence and humbly begg pardon for his said offence But Craves pardon to represent to the saids Lords by his Long Imprisonment which occasioned much sicknes and the prejudice he sustained by having his house and Cellars blocked up and therby his wynes spoilled and his change (and which is the only means of his Livelyhood) absolutely broken for a considerable tyme The damnage which the petitioner did therby sustaine was farr above the fyne Imposed upon him by the saids Lords their sentence And seing his forsaid fyne is yet unpayed and that his bond for payment therof is yet Lying in their Lordships Clarks hands and as his forsaid offence did only proceed from his being overtaken with drink at the tyme so his deportment ever since hes been (and he hopes for the future shall be) uithout the Leist offence to their Majesties and the government And therfore Humbly Craving their Lordships (In Consideratione of the premisses And that he is heartily sorry for his forsaid offence given to their Lordships in the premisses) to dispense with the payment of the forsaid fyne of fiftie pounds Sterline so justly Imposed upon him And to ordaine the Clark to delyver back his bond given for payment therof as the said petition bears The saids Lords of their Majesties privie Councill Having Considered the above petition They heirby ordaine the petitioner Instantly to Consigne in the hands of the Clarks of Councill the soume of fyve pounds sterline to be disposed off as their Lordships Shall give ordor And upon Consigning the said fyve pounds sterling Declares him to be free of his Bond granted to the Councill Containing the fyne of fiftie pounds sterline and of all executione which hes folloued theron And appoints the Clarks of councill to delyver up the said Bond And the saids Lords ordaines their Clarks when the above fyve pound sterline shall be Consigned in their hands to delyver the same to Elizabeth Breadshaw spouse to James Houat merchant upon her recept which shall be a sufficient Discharge to them

1. NRS, PC1/49, 275.

1. NRS, PC1/49, 275.

Warrant, 27 February 1694, Edinburgh

Att Edinburgh The Tuentie seventh day of february Jaj vic nyntie four years

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Warrant

Warrand for transporting Caddell and tuo seamen from Dundie

The Lords of their Majesties privie Councill Doe heirby give ordor and warrand to the shirreff of Forfar and his Deputes to Cause transport under a sufficient guaird from the toune of Dundie to the Shyre of Fyff Androw Caddell one of the rebells Lately in the Bass and now prisoner at Dundie and to delyver him to the shirreff of the said Shyre of Fyffe or his Deputes To whom the saids Lords gives ordor and uarrand to transport the said Androw Caddell to the shirreff of the nixt shyre or his deputes under a sufficient guaird And ordaines the said Androw Caddell to be soe transported from shirreff to shirreff until he be delyvered to the magistrats of Edinburgh And ordaines these magistrats to putt and detaine him In their tolbooth untill further ordor of Councill And Gives ordor and uarrand to the magistrats of Dundie and Keeper of their tolbooth to sett at Libertie furth therof Donald Ross mariner at Leith and James Reid saile maker at Leith tuo seamen who were Lately seized by the saids rebells in the Bass and now prisoners in the said tolbooth The saids tuo seamen and each of them first giving bond and finding sufficient Cautione acted in the books of privie Councill that they shall Live peacablie under and uith all submission to the present government of their Majesties King William and Queen Mary And that they shall not Act consult nor Contrive any thing in prejudice therof nor shall not Converss nor Correspond uith any rebells and that they shall appear before the saids Lords of privy Councill when called for under the penaltie of fyve hundreth merks a peice or else Giving bond and finding sufficient Caution to the effect forsaid to the magistrats of Dundie And appoints the saids magistrats In case the bond and Caution be found before them Immediatly upon receaving therof to transmitt the bonds to the Clarks of privie Councill And in case that bond and Caution be not Given for the saids tuo seamen aither to the Councill clarks or the magistrats of Dundie In the termes forsaids Then appoints the saids seamen to be transported from shirreff and to be putt and detained in the tolbooth of Edinburgh In the same way and manner as is above appointed Anent the said Androu Caddell

Att Edinburgh The Tuentie seventh day of february Jaj vic nyntie four years

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Warrant

Warrand for transporting Caddell and tuo seamen from Dundie

The Lords of their Majesties privie Councill Doe heirby give ordor and warrand to the shirreff of Forfar and his Deputes to Cause transport under a sufficient guaird from the toune of Dundie to the Shyre of Fyff Androw Caddell one of the rebells Lately in the Bass and now prisoner at Dundie and to delyver him to the shirreff of the said Shyre of Fyffe or his Deputes To whom the saids Lords gives ordor and uarrand to transport the said Androw Caddell to the shirreff of the nixt shyre or his deputes under a sufficient guaird And ordaines the said Androw Caddell to be soe transported from shirreff to shirreff until he be delyvered to the magistrats of Edinburgh And ordaines these magistrats to putt and detaine him In their tolbooth untill further ordor of Councill And Gives ordor and uarrand to the magistrats of Dundie and Keeper of their tolbooth to sett at Libertie furth therof Donald Ross mariner at Leith and James Reid saile maker at Leith tuo seamen who were Lately seized by the saids rebells in the Bass and now prisoners in the said tolbooth The saids tuo seamen and each of them first giving bond and finding sufficient Cautione acted in the books of privie Councill that they shall Live peacablie under and uith all submission to the present government of their Majesties King William and Queen Mary And that they shall not Act consult nor Contrive any thing in prejudice therof nor shall not Converss nor Correspond uith any rebells and that they shall appear before the saids Lords of privy Councill when called for under the penaltie of fyve hundreth merks a peice or else Giving bond and finding sufficient Caution to the effect forsaid to the magistrats of Dundie And appoints the saids magistrats In case the bond and Caution be found before them Immediatly upon receaving therof to transmitt the bonds to the Clarks of privie Councill And in case that bond and Caution be not Given for the saids tuo seamen aither to the Councill clarks or the magistrats of Dundie In the termes forsaids Then appoints the saids seamen to be transported from shirreff and to be putt and detained in the tolbooth of Edinburgh In the same way and manner as is above appointed Anent the said Androu Caddell

1. NRS, PC1/49, 274.

1. NRS, PC1/49, 274.

Procedure, 27 February 1694, Edinburgh

Att Edinburgh The Tuentie seventh day of february Jaj vic nyntie four years

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Procedure

[Earl of Cassilis received Privy Councillor]

The Earle of Cassillis did suear and signe the oath of alleadgance and assurance to their Majesties King William and Queen Mary as nominat one of their Majesties privy Councill in this kingdome in the last Commissione of Councill In anno Jaj vic nyntie tuo He not having been present at the board since that Commissione came doune And the Lord Chancelor having administrat to him the oath of secrecy and de fideli The Earle was receaved and took his place as a privy Councelor

Att Edinburgh The Tuentie seventh day of february Jaj vic nyntie four years

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Procedure

[Earl of Cassilis received Privy Councillor]

The Earle of Cassillis did suear and signe the oath of alleadgance and assurance to their Majesties King William and Queen Mary as nominat one of their Majesties privy Councill in this kingdome in the last Commissione of Councill In anno Jaj vic nyntie tuo He not having been present at the board since that Commissione came doune And the Lord Chancelor having administrat to him the oath of secrecy and de fideli The Earle was receaved and took his place as a privy Councelor

1. NRS, PC1/49, 274.

1. NRS, PC1/49, 274.

Act, 27 February 1694, Edinburgh

Att Edinburgh The Tuentie seventh day of february Jaj vic nyntie four years

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Act

Act James Clerk

Anent the petitione given in to the Lords of their Majesties privie Councill Be James Clerk youngest sone to umquhile James Clerk of Pittencreiff Shewing That wheras the petitioner had the honour to serve their present Majesties in the quality of ane Ensigne in the army in Flanders And by reasone of his young years Having but a small experience in the sinistrous polliticks and insinuationes of some persones who were noe well wishers to the present government And in the year Jaj vic nyntie one about the opening of that Campaigne seduced and prevailled upon by the allured arguments and promises of the abovementioned persones (whose names are butt too well knouen that he should particularly mentione them in this place) Being he said by their Instigatione prevailled upon to desert their Majesties army and offered his service to the French The petitioner had noe sooner done it But he was Immediatly sensible of the baseness of the Actione which he doeth heirby acknouledge from the very bottome of his soull and which he thought Could be noe wayes repaired but by a humble submissione and Ingenuous Confessione of the Just resentment the petitioner hath of it Being therfore desyrous (so soon as a Convenient opportunity offered) publictly to oune his penitence for soe mean and disloyall ane Actione The petitioner doeth now with all submission Imaginable throw himself In their Majesties mercy by delyvering up his persone to their Lordships who the petitioner hopes uill be so charitable as to Look upon this as a free voluntary and conscientious Act and not as a surrenderer occasioned aither throw a pinching necessity or by the I advyces of any he is Concerned in Therfore Earnestly Intreating that their Lordships would accept of it as such The petitioner Humbly submitts himself to their Majesties Clemency and their Lordships Compassione For which their Lordships unuorthie petitioner who was ready to appear when called for doeth most earnestly pray as the said petitione bears The saids Lords of their Majesties privy Councill Having Considered the above petitione with the petitioners declaratione Bearing that he was in the Duke of Shambergs regiment and did desert with severall of the officers of the Regiment of Scotts guairds and one of the officers off D’Offerrells regiment That he went to the french Army and uas in Catellonia And offering to take the oath of alleadgance and assurance They heirby allow the petitioner to be att Liberty as any others of their Majesties free Leidges upon his taking the oath of alleadgance and assurance And giving bond and finding sufficient Cautione acted in the books of privy Councill That he shall Live peacably under and with all submission to the present government of their Majesties King William and Queen Mary And that he shall not Act Consult or Contryve any thing thing2 in prejudice therof nor Converss or Correspond uith any rebells And that he shall appear before the saids Lords when called for under the penaltie of one Thousand merks In caise he shall transgress In any pairt of the premisses

Att Edinburgh The Tuentie seventh day of february Jaj vic nyntie four years

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Act

Act James Clerk

Anent the petitione given in to the Lords of their Majesties privie Councill Be James Clerk youngest sone to umquhile James Clerk of Pittencreiff Shewing That wheras the petitioner had the honour to serve their present Majesties in the quality of ane Ensigne in the army in Flanders And by reasone of his young years Having but a small experience in the sinistrous polliticks and insinuationes of some persones who were noe well wishers to the present government And in the year Jaj vic nyntie one about the opening of that Campaigne seduced and prevailled upon by the allured arguments and promises of the abovementioned persones (whose names are butt too well knouen that he should particularly mentione them in this place) Being he said by their Instigatione prevailled upon to desert their Majesties army and offered his service to the French The petitioner had noe sooner done it But he was Immediatly sensible of the baseness of the Actione which he doeth heirby acknouledge from the very bottome of his soull and which he thought Could be noe wayes repaired but by a humble submissione and Ingenuous Confessione of the Just resentment the petitioner hath of it Being therfore desyrous (so soon as a Convenient opportunity offered) publictly to oune his penitence for soe mean and disloyall ane Actione The petitioner doeth now with all submission Imaginable throw himself In their Majesties mercy by delyvering up his persone to their Lordships who the petitioner hopes uill be so charitable as to Look upon this as a free voluntary and conscientious Act and not as a surrenderer occasioned aither throw a pinching necessity or by the I advyces of any he is Concerned in Therfore Earnestly Intreating that their Lordships would accept of it as such The petitioner Humbly submitts himself to their Majesties Clemency and their Lordships Compassione For which their Lordships unuorthie petitioner who was ready to appear when called for doeth most earnestly pray as the said petitione bears The saids Lords of their Majesties privy Councill Having Considered the above petitione with the petitioners declaratione Bearing that he was in the Duke of Shambergs regiment and did desert with severall of the officers of the Regiment of Scotts guairds and one of the officers off D’Offerrells regiment That he went to the french Army and uas in Catellonia And offering to take the oath of alleadgance and assurance They heirby allow the petitioner to be att Liberty as any others of their Majesties free Leidges upon his taking the oath of alleadgance and assurance And giving bond and finding sufficient Cautione acted in the books of privy Councill That he shall Live peacably under and with all submission to the present government of their Majesties King William and Queen Mary And that he shall not Act Consult or Contryve any thing thing2 in prejudice therof nor Converss or Correspond uith any rebells And that he shall appear before the saids Lords when called for under the penaltie of one Thousand merks In caise he shall transgress In any pairt of the premisses

1. NRS, PC1/49, 273-4.

2. Sic.

1. NRS, PC1/49, 273-4.

2. Sic.

Sederunt, 27 February 1694, Edinburgh

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Sederunt

Lord Chancellor; Earl of Southerland; Earl of Cassillis; Earl of Linlithgow; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Poluarth; Lord Advocat; Lord Hattoun; Mr Fra: Muntgomery; Laird Stevensone; Sir Thomas Livingstoune

Att Edinburgh The Tuentie seventh day of february Jaj vic nyntie four years1

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Sederunt

Lord Chancellor; Earl of Southerland; Earl of Cassillis; Earl of Linlithgow; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Poluarth; Lord Advocat; Lord Hattoun; Mr Fra: Muntgomery; Laird Stevensone; Sir Thomas Livingstoune

1. NRS, PC1/49, 272.

2. NRS, PC1/49, 272.

1. NRS, PC1/49, 272.

2. NRS, PC1/49, 272.