Tag Archives: 28 January 1692

Decreet, 28 January 1692, Edinburgh

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Decreet

Interloquitor Gordonstoune and others Against The Laird of Grant and others

The Lybell at the instance of the Laird of Gordonstoune and others against the Laird of Grant and others Being Called and the Laird of Gordonstone for himself and the rest of the pursuars Compeiring personally with Mr Heugh Dalrymple, Mr James Stewart senior and Mr David Forbes Advocats And the Laird of Grant defender Compeiring also personally with Sir James Ogilvie Sir David Thoires Sir Robert Colt and Mr David Cunninghame advocats and the pursuar haveing Declared that he insisted only against the Laird of Grant and his men tennents and servants as Designed in the lybell The saids defender being called and being all absent and not Compeiring except John Baininqueen in Glenbigg and James Stewart Greive to the Laird of Grant in Cullnafyle The saids Lords Grants Certificatione against the defenders men tennents and servants to the Laird of Grant now only insisted against called and not Compeiring and ordaines letters to be direct to messengers at armes to pass to the mercat Croce of […] and their in their Majesties name and authoritie denunce the saids defenders men tennents and servants to the Laird of Grant Called and not Compeiring as said is Their Majesties rebells and put them to their highnes horne and Escheat and inbring all ther moveable goods and geir to their Majesties use for their contemptione and Disobedience, and the said Lybell and ansuers given in therto be the Laird of Grant being read and both parties procurators fully heard, and the witnesses Citted for the persuars being Called and such of them as Compeired haveing made faith at the barr The saids Lords of Privy Councill nominats and Appoynts Alexander Lord Raith, Sir Thomas Burnet of Leyes and […] Bordie of that ilk to be a Comittie for examineing the witnesses and Declaires any thrie of the them to be a quorum Reserving all Objectiones which shall be made against the Witnesses to be proponed and disscust before the said Committie or their quorum, And allowes the honouraball witnesses cited for the pursuar against whom ther is no execution produced, To be received albeit some of them ware not present nor made faith at the barr.

At Edinburgh 28 January 1692

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Decreet

Interlocutor regarding Gordonstoun and others against The Laird of Grant and others

The libel at the instance of [Robert Gordon] laird of Gordonstoun and others against [Ludovic Grant] laird of Grant and others being called and the laird of Gordonstoun for himself and the rest of the pursuers compering personally with Mr Hugh Dalrymple, Mr James Stewart senior and Mr David Forbes advocates, and the laird of Grant defender compearing also personally with Sir James Ogilvie, Sir David Thoirs, Sir Robert Colt and Mr David Cunningham advocates, and the pursuer having declared that he insisted only against the laird of Grant and his men, tenants and servants as designed in the libel, the said defender being called and being all absent and not compearing except John Baininqueen in Glenbigg2 and James Stewart Grieve to the Laird of Grant in Cullnafyle3 the said lords grant certification against the defenders men, tenants and servants to the laird of Grant now only insisted against, called and not compearing and ordain letters to be directed to messengers at arms to pass to the merkat cross of […] and there in their majesties’ names and authority denounce the said defenders men, tenants and servants to the laird of Grant called and not compearing as said is their majesties’ rebels and put them to their highnesses horn and escheat and bring in all their moveable goods and geir to their majesties’ use for their contemption and disobedience, and the said libel and answers given in therto by the laird of Grant being read and both parties procurators fully heard, and the witnesses cited for the persuers being called and such of them as compeared having made faith at the bar, the said lords of privy council nominate and appoint Alexander [Melville] Lord Raith, Sir Thomas Burnet of Leys and [James] Brody of that ilk to be a committee for examining the witnesses, and declare any three of them to be a quorum, reserving all objections which shall be made against the witnesses to be proponed and discussed before the said committee or their quorum, and allow the honourable witnesses cited for the pursuer against whom there is no execution produced, to be received albeit some of them were not present or made faith at the bar.

1. NRS, PC2/24, 15r-15v.

1. NRS, PC2/24, 15r-15v.

2. Possibly Glenbeg, uncertain. Surname unusual

3. Possibly Coulnakyle in Kincardine

Act, 28 January 1692, Edinburgh

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Act

Act and Remitt John Williamsone

Anent a Petition given in to the Lords of their majesties Privy Councill be John Williamsone fewar and meallmaker in Linktoune of Abbotshall shewing That wher the petitioner has lived as fewer and tennent to the late Lord Abbotshall above these twentie years bygone and has had a constant Imployment of buying of victuall and liveing vertuously with his wyfe and familly besydes that the said petitioner has severall tenements and years in few in the saids Links of Abbotshall apart quherof he had builded himself is nottourly knowen in the place wher he lived and to some of the saids Lords oun number till of late that he was apprehended and put in prison as a Soulder to be sent to Flanders in ther majesties service And It was humbly conceived that it was not the saids Lords meaning to allow any persone to be apprehended upon that account, who had been a good subject in vertue and industrie, and not troublesome nor a burden to the Countrey, Bot upon the contrare the petitioner had Improven his intrest by his vertue with which he had folloued from his youth And Therfore Humbly Craving The saids Lords to take the premisses to their Consideratione and to ordaine the magistrats of Kirkldie to sett the petitioner at Libertie and to discharge any of their majesties officers to apprehend him thereafter as the said Petitione bears The Lords of their majesties privy Councill haveing heard this Petition given in to them be the above John Williamsone read in their presence They heirby Remitt to the magistrates of Kirkaldie or any one of them to examine and take tryall of this matter, and for that effect to call before them not only the petitioner Bot also the officer or any other with whom he is alledged to have taken on as a souldier, And appoints the saids magistrates to make ther Report to the Lords of Privy Councill whither the petitioner is legally taken on or if he be forced, and Discharges them or the keeper of the Tolbooth to sett the petitioner at libertie or to deliver him to any person who pretends that he has taken on as a Souldier untill they make their Report to the Lords of Councill, and their Lordships give their determination in the said matter.

At Edinburgh 28 January 1692

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Act

Act and Remit for John Williamson

Concerning a petition given in to the lords of their majesties’ privy council by John Williamson feuar and meal maker in Linktown of Abbotshall showing that where the petitioner has lived as feuer and tenant to the late Lord Abbotshall above these twenty years bygone and has had a constant employment of buying of victual and living virtuously with his wife and family, besides that the said petitioner has several tenements and years in feu in the said Links of Abbotshall, appart whereof he had built himself is well known in the place where he lived, and to some of the said lords own a number till of late, that he was apprehended and put in prison as a soldier to be sent to Flanders in their majesties’ service, and it was humbly conceived that it was not the said lords meaning to allow any person to be apprehended upon that account, who had been a good subject in virtue and industry, and not troublesome or a burden to the country, but upon the contrary the petitioner had improved his interest by his virtue with which he had followed from his youth, and therefore humbly craving the said lords to take the premisses to their consideration and to ordain the magistrates of Kirkcaldly to set the petitioner at liberty and to discharge any of their majesties’ officers to apprehend him thereafter as the said petition bears. The lords of their majesties’ privy council having heard this petition given in to them by the above John Williamson read in their presence they hereby remit to the magistrates of Kirkcaldy or any one of them to examine and take trial of this matter, and for that effect to call before them, not only the petitioner but also the officer or any other with whom he is alleged to have taken on as a soldier, and appoints the said magistrates to make their report to the lords of privy council whether the petitioner is legally taken on or if he be forced, and discharges them or the keeper of the tolbooth to set the petitioner at liberty or to deliver him to any person who pretends that he has taken on as a soldier until they make their report to the lords of council, and their lordships give their determination in the said matter.

1. NRS, PC2/24, 14v-15r.

1. NRS, PC2/24, 14v-15r.

Act, 28 January 1692, Edinburgh

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Act

Act Archibald Buchanan

Anent a Petition given in to the Lord of their majesties privy Councill be Archibald Buchanan sone to Archibald Buchanan of Torrie Shewing That quher by ane act of the saids Lords he was ordained to be liberat furth of the Tolbooth of Edinburgh upon his finding Caution to live peaceably under their majesties government And seing his majestie was graciously pleased to indemnifie all persones accessory to the late rebellion who should swear and subscribe the oath of alledgance therby enjoyned betwixt and the tyme therby prefixt, and that in Complyance therwith he did most heartily accept of the said gracious indemnitie as was instructed by the Certificat in the Clerks hands and Therfore Humbly supplicating to the effect aftermentioned as the petitione bears The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above Archibald Buchanan They heirby give order and warrand to the Clerks to give up and deliver to the Petitioner the above bond granted be him and his Cautioners.

At Edinburgh 28 January 1692

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Act

Act for Archibald Buchanan

Concerning a petition given in to the lords of their majesties’ privy council by Archibald Buchanan son to Archibald Buchanan of Torry showing that where by an act of the said lords he was ordained to be liberated forth of the tolbooth of Edinburgh upon his finding caution to live peaceably under their majesties’ government, and seeing his majesty was graciously pleased to indemnify all persons accessory to the late rebellion who should swear and subscribe the oath of allegiance thereby enjoined between then and the time thereby prefixed, and that in compliance therewith he did most heartily accept of the said gracious indemnity as was instructed by the certificate in the clerks’ hands and therefore humbly supplicating to the effect after mentioned as the petition bears. The lords of their majesties’ privy council having considered this petition given in to them by the above Archibald Buchanan, they hereby give order and warrant to the clerks to give up and deliver to the petitioner the above bond granted by him and his cautioners.

1. NRS, PC2/24, 14r-14v.

1. NRS, PC2/24, 14r-14v.

Act, 28 January 1692, Edinburgh

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Act

Act Sir Alexander Burnet and his brother

Anent a Petition given in to the Lords of their majesties privy Councill be Sir Alexander Burnett of Craigmyle and Thomas Burnet his brother german Shewing That quher the petitioners haveing in obedience to the saids Lords ordinance about a year a goe found cautione for their peacable behavior under ther majesties government King William and Queen Mary and to appear before the saids Lords when called, and now haveing taken the benefite of their Majesties most gracious indemnity before Andrew Frazer of Kinmundie deputie of Aberdeen as theire oathes subscryved be them and the said sheriff Depute and his Clerk before famous witnesses therwith produced would testifie and Therfore Humbly supplicating to the effect aftermentioned The Lords of their majesties Privy Councill haveing Considered this petitione given in to them be the above Sir Alexander Burnet of Craigmyle and his brother with the oathes of alledgance mentioned therin and produced therwith They appoint the Clerks of Councill to receive in the saids oathes of alledgance and heirby gives order and warrand to the saids Clerks of Councill to deliver up to the saids petitioners the within bonds granted be them and their Cautioners.

At Edinburgh 28 January 1692

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Act

Act for Sir Alexander Burnet and his brother

Concerning a petition given in to the lords of their majesties’ privy council by Sir Alexander Burnet of Craigmyle and Thomas Burnet his brother german, showing that where the petitioners having in obedience to the said lords’ ordinance about a year ago found caution for their peaceable behaviour under their majesties’ government King William and Queen Mary, and to appear before the said lords when called, and now having taken the benefit of their majesties’ most gracious indemnity before Andrew Fraser of Kinmundy depute of Aberdeen as their oaths subscribed by them and the said sheriff depute and his clerk before famous witnesses therwith produced would testify, and therefore humbly supplicating to the effect aforementioned. The lords of their majesties’ privy council having considered this petition given in to them by the above Sir Alexander Burnet of Craigmyle and his brother with the oaths of allegiance mentioned therein and produced therewith, they appoint the clerks of council to receive in the said oaths of allegiance and hereby give order and warrant to the said clerks of council to deliver up to the said petitioners the within bonds granted by them and their cautioners.

1. NRS, PC2/24, 14r.

1. NRS, PC2/24, 14r.

Sederunt, 28 January 1692, Edinburgh

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Sederunt

Lord Chanceler; Marquis of Douglas; Earl of Crafurd; Earl of Mortone; Earl of Leven; Viscount Stair; Lord Ruthven; Lord Polwarth; Master of Burghlie; Lord Hatton; Lord Aberuchell; Lord Fountonhall; Laird of Grant; Laird of Stevensone; Laird of Leyes; Laird of Brodie

At Edinburgh 28 January 16921

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Sederunt

[John Hay] earl of Tweeddale, Lord Chancellor; [James Douglas] marquis of Douglas; [William Lindsay] earl of Crawford; [James Douglas] earl of Morton; [David Leslie] earl of Leven; [James Dalrymple] Viscount Stair; [David] Lord Ruthven; [Patrick Hume] Lord Polwarth; [Robert Balfour] master of Burleigh; [Sir John Lauder] Lord Hatton; [Sir Colin Campbell] Lord Aberurchill; [Sir John Lauder] Lord Fountainhall; [Ludovic Grant] laird of Grant; [Sir Robert Sinclair] laird of Stevenson; [Sir Thomas Burnet] laird of Leys; [James Brodie] laird of Brody

1. NRS, PC2/24, 13v.

2. NRS, PC2/24, 13v.

1. NRS, PC2/24, 13v.

2. NRS, PC2/24, 13v.

Act, 28 January 1692, Edinburgh

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Act

Liberatione and Confynment Thomas Hutchins

Anent a petitione given In to the Lords of their Majesties privy Councell Be Thomas Hutchins prisoner Sheuing That quher their Lordships were pleased in February Jaj vjc nyntie one upon applicatione made be the petitioner to their Lordshipps to Remove him from the Castle of Blackness wher he was prisoner to Edinburgh ther to Confyne him to his chamber without the trowble of the attendance of ane Centerie upon his finding cautione not to transgress his Confynment And seing by his Long Imprisonment and Confynment his health is very much prejudged through the want of the free aire And therfore Humblie Craving to the effect underwryten as the said petitione Bears The saids Lords of their Majesties privy Councell Having Considered this petitione Given In to them Be the above Thomas Hutchine They notwithstanding of the petitioners being formerly confyned to his Chamber doe declare him to be at Liberty to Goe abroad furth of the same In respect before his coming furth abroad therof [he] hath found2 Robert Deans merchant in Edinburgh (who was formerly Cautioner for him) Cautioner acted in the books of privie Counsell That the petitioner shall not departe furth of the toune of Edinburgh and a mylle about the same And that he shall live peacably and uith all submissione to the present Government under their Majesties King William and Queen Mary And that he shall not Act consult nor Contryve any thing in prejudice therof And that he shall not Intercomune converss or correspond with any rebells And that he shall appear before Us saids Lords of their Majesties privie Councell when called for under the penaltie of ane Hundreth pounds sterline In caise he shall transgress in any pairt of the premises

At Edinburgh 28 January 1692

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Act

Liberation and confinement of Thomas Hutchins

Concerning a petition given in to the lords of their majesties’ privy council by Thomas Hutchins prisoner, showing that where their lordships were pleased in February 1691 upon application made by the petitioner to their lordships to remove him from the castle of Blackness where he was prisoner to Edinburgh there to confine him to his chamber without the trouble of the attendance of a sentry upon his finding caution not to transgress his confinement, and seeing by his long imprisonment and confinement his health is very much prejudged through the want of the free air, and therefore humbly craving to the effect underwritten as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Thomas Hutchins they notwithstanding of the petitioner’s being formerly confined to his chamber do declare him to be at liberty to go abroad furth of the same in respect before his coming furth abroad thereof he has found Robert Deans, merchant in Edinburgh (who was formerly cautioner for him) cautioner acted in the books of privy council that the petitioner shall not depart furth of the town of Edinburgh and a mile about the same, and that he shall live peaceably and with all submission to the present government under their majesties King William and Queen Mary, and that he shall not act, consult nor contrive anything in prejudice thereof, and that he shall not intercommune, converse or correspond with any rebels, and that he shall appear before us said lords of their majesties’ privy council when called for under the penalty of one hundred pounds sterling in case he shall transgress in any part of the premises.

1. NRS, PC1/47, 600.

2. The letters ‘suff’ scored out here.

1. NRS, PC1/47, 600.

Act, 28 January 1692, Edinburgh

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A1692/1/731

Act

Liberatione Valentine Prouse

Anent a petitione Given In to the Lords of their Majesties privie Councell Be Valentine Prouse Sheuing That the petitioner being ane Englishman and presently Imployed in their Majesties service was made prisoner some seven months since And was examined In June Last by a Committie of their Lordships Number Anent the Laird of Gairletoune relating to some pretended Correspondence That Gairletoune was alleadged to have with these poeple that went Into the Bass att which tyme the petitioner did beleeve he had given full satisfactione to the Committie and did expect to be sett at Liberty And ther being noe other thing Imaginable to be laid to the petitioners charge And he being a strainger and actually Imployed in their Majesties service And therfore Humbly Craving their Lordships to take the premises to their consideratione And to Give ordor now after soe Long Imprisonment to sett the petitioner at liberty The saids Lords of their Majesties privy Councell Having Considered this petitione given in to them Be the said Valentine Prouse They heirby Give ordor and warrand to the Magistrats of Edinburgh and Keeper of the tolbooth therof to sett the petitioner at liberty furth of the same In respect he hath found [William] Lord Corstorphine Cautioner acted in the books of privie Councell That he shall Live peacablie and uith all submissione to the present Government under their Majesties King William and Queen Mary And that he shall not Act consult or contryve any thing in prejudice of nor intercommune converss or Correspond uith any rebells And that he shall appear before the saids Lords of their Majesties privy Councell when called for under the penaltie of three Hundreth pounds sterline In case he shall transgress in any part of the premises

At Edinburgh 28 January 1692

A1692/1/731

Act

Liberation of Valentine Prouse

Concerning a petition given in to the lords of their majesties’ privy council by Valentine Prouse showing that the petitioner being an Englishman and presently employed in their majesties’ service was made prisoner some seven months since and was examined in June last by a committee of their lordships number concerning [Sir John Seaton] laird of Garleton relating to some pretended correspondence that Garleton was alleged to have with those people that went into the Bass, at which time the petitioner did believe he had given full satisfaction to the committee and did expect to be set at liberty, and there being no other thing imaginable to be laid to the petitioner’s charge, and he being a stranger and actually employed in their majesties’ service, and therefore humbly craving their lordships to take the premises to their consideration and to give order now after so long imprisonment to set the petitioner at liberty. The said lords of their majesties’ privy council having considered this petition given in to them by the said Valentine Prouse they hereby give order and warrant to the magistrates of Edinburgh and keeper of the tolbooth thereof to set the petitioner at liberty furth of the same in respect he has found [William Forrester] Lord Corstorphine cautioner acted in the books of privy council that he shall live peaceably and with all submission to the present government under their majesties King William and Queen Mary, and that he shall not act, consult or contrive anything in prejudice of nor intercommune, converse or correspond with any rebels, and that he shall appear before the said lords of their majesties’ privy council when called for under the penalty of three hundred pounds sterling in case he shall transgress in any part of the premises.

1. NRS, PC1/47, 599-600.

1. NRS, PC1/47, 599-600.

Sederunt, 28 January 1692, Edinburgh

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A1692/1/722

Sederunt

Lord Chancellor; Marquis of Douglass; Earl of Craufurd; Earl of Mortoune; Earl of Leven; Viscount Stair; Lord Ruthven; Lord Polluarth; Master of Burleigh; Lord Hattoune; Lord Aberuchill; Lord Fountainhall; Laird of Grant; Laird of Stevensone; Laird of Leyes; Laird of Brody

At Edinburgh 28 January 16921

A1692/1/722

Sederunt

[John Hay] earl of Tweeddale, lord chancellor; [James Douglas] marquis of Douglas; [William Lindsay] earl of Crawford; [James Douglas] earl of Morton, [David Leslie] earl of Leven; [James Dalrymple] Viscount Stair; [David] Lord Ruthven; [Patrick Hume], Lord Polwarth; [Robert Balfour] master of Burleigh; [Sir John Lauder] Lord Hatton, [Sir Colin Campbell] Lord Aberuchill; [Sir John Lauder] Lord Fountainhall; [Ludovic Grant] laird of Grant; [Sir Robert Sinclair] laird of Stevenson, [Sir Thomas Burnett] laird of Leys, [James Brodie] laird of Brodie

1. NRS, PC1/47, 599.

2. NRS, PC1/47, 599.

1. NRS, PC1/47, 599.

2. NRS, PC1/47, 599.