Tag Archives: 28 July 1692

Decreet, 28 July 1692, Edinburgh

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Edinburgh the Twentie Eight day of Jully Jaj vjc Nyntie two years

D1692/7/291

Decreet

Decreet The Presbytrie of Glasgow Against Howstoune

Anent Our Soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of Alexander Haisty present moderator of the presbyterie of Glasgow and Sir William Lockhart their majesties Solicitor for their highnes intrest in the matter underwritten Mentioning That quher presbyterian government is now by law established in this church and kingdome, And that by the act establishing the same, It is Declared that the presbyterian ministers intrusted with the said government have and shall have right to all the rights and priviledges by law, provyded to the ministers of Christs Church within this kingdome, And that it is the duty of all Especially of Such as pretend to be ministers to conforme and behave themselves accordingly nevertheless It is of veritie That one Mr William Howstoune a man Notoriously on Severall accounts and never admitted to be a minister either by those of the presbyterian or episcopall perswasion presumes at his oun hand, To invade and Usurp the kirk and pulpit of Kilsyth within the presbytrie of Glasgow, not only to the Scandell of all good Christians but to the manifast contempt of his majesties lawes and authoritie, In alse much as the said kirk of Kilsyth haveing been vaccant for some years since the dimission of the last incumbent The said Mr William Howstoune at most a vagrant preacher usurping to preach at his oun hand pretends that he hath allowance from Mr William Livingstoune of Kilsyth and the fashion of a Call from four or five of the parish quherof thrie does nevertheless Disoun it, And therupon presumes to enter the said kirk and pulpit as if he hade a good right therto, And that albeit the presbytrie of the bounds to whom the inspectione of kirks dureing their vaccancy belongs Did cause cite him yet he refused to appear aither before them or the synod, Bot continues to possess, And has Lykewayes sett of ane house and the gleib to one of the parish who was so simple as to take it from him, And tho the Presbytrie hath gone one to receive witnesses against him and therby find it proven that he hath renunced the protestant religion, signing letters with the signe of the Cross and takeing the Sacrement in hostee and with the other formalities of the popish mass, And also that he is guilty of Cursing his parents and others and of Gross Cheating and Lying, And that he hath not only usurped the said kirk as said is contirary to all due order, Bot contrary to the promise he gave when released sometyme agoe, from his Imprisonment in the Tolbooth of Edinburgh for his foolish disorders to forbear all Irregullar Courses and gave bond and Caution for that effect, And to Compeir when called under the paine of ane Hundred punds Sterling, yet he still Continues his forsaid usurpationes pretending and therby aggravating his guilt, That when lately he went over 2 to3 Flanders and ther gave out himself for a Presbyterian minister He obtained a warrand from his Majestie to be setled in the said kirk which probably is a meer forgery, He haveing received the keyes from Alexander Maxwell factor for Kilsyth by the Order of he said Mr William Livingstoune, And when of late the presbytrie thought fitt to send one of their oun number to preach at the said kirk as vaccant, The said Mr Howstoune did flattly refuse him the keyes and necessitate the minister to preach in the kirk yeard when in the mean tyme Master Howstone did enter the kirk, and hade not above five or six of the most insignificant of the parish for the hearers, And Farder the said Mr William Howstone in his forsaid Folly and madnes proceids to vex the parishioners partly Sumonding them before the Lords partly by Sumonding others before the said Alexander Maxwell as Baillie and himself, For to compt to him for Baptizms and mariadges and to deliver up to him the utincills of the Church As Lykewayes to accept to be his elders and Deacones which is a grivious Oppression, And in effect in the forsaid wholl matter The said Mr William doeth act and behave rather as one besyde himself then as a man of comon sense and Discreation For all which disorders and Crymes he is Justly lyable and being found guilty therof or airt and part of the same He ought not only to be Commanded to desist and remove from the saids bounds and to deliver up the keyes of the Kirk and manse to the presbyterie Bot also He and the said Alexander Maxwell by whose instigation advyce and connivance the saids abuses are Committed, And who is airt and part of the Samen Ought and should be punished therfore to the example and terror of others to comitt the like in tyme comeing And Anent the Charge given to the saids Mr William Howstone defender To have Compeired personally before the saids Lords at ane certaine day now bygone To have answered to the above Complaint And to have heard and seen such Course taken theranent as the saids Lords should think fitt with Certificatione to him if he faillzied The saids Lords would proceid and 4 doe in the said matter as they should find cause as the saids letters and executiones therof bears Whilk being called in presence of the saids Lords this day And Mr Thomas Kennedy and Mr Thomas Ramsay two of the ministers within the said presbytrie Compeiring for the said Presbytrie as pursuars With James Stewart senior their advocat, And the defender also Compeiring personally The Lybell with the answers and Replyes being read, and both parties or their advocats fully heard, And The saids Lords of Privy Councill haveing Considered the Lybell, answers and Replyes with the bond granted be the said defender the tyme of his liberation when he was last in prison Which is in the hands of the Clerks of Councill The Saids Lords Doe heirby Ordaine the saids Mr William Howston defender to give up and deliver into the hands of Mr Gilbert Eliot advocat or Mr David Moncrief Clerks to the Councill the keyes of the kirk of Kilsyth And appoints the maccers of Councill to cary the said defender to the tolbooth of Edinburgh to remaine prisoner therin untill he deliver these keyes to the saids Clerks And Ordaines the defender to give obedience to the presbytrie of Glassgow and other Church Judicatories within this kingdome as the Same is presently constitute and Established by law and conforme to the tenor of the defenders bond.

Edinburgh the Twentie Eight day of Jully Jaj vjc Nyntie two years

D1692/7/291

Decreet

Decreet The Presbytrie of Glasgow Against Howstoune

Anent Our Soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of Alexander Haisty present moderator of the presbyterie of Glasgow and Sir William Lockhart their majesties Solicitor for their highnes intrest in the matter underwritten Mentioning That quher presbyterian government is now by law established in this church and kingdome, And that by the act establishing the same, It is Declared that the presbyterian ministers intrusted with the said government have and shall have right to all the rights and priviledges by law, provyded to the ministers of Christs Church within this kingdome, And that it is the duty of all Especially of Such as pretend to be ministers to conforme and behave themselves accordingly nevertheless It is of veritie That one Mr William Howstoune a man Notoriously on Severall accounts and never admitted to be a minister either by those of the presbyterian or episcopall perswasion presumes at his oun hand, To invade and Usurp the kirk and pulpit of Kilsyth within the presbytrie of Glasgow, not only to the Scandell of all good Christians but to the manifast contempt of his majesties lawes and authoritie, In alse much as the said kirk of Kilsyth haveing been vaccant for some years since the dimission of the last incumbent The said Mr William Howstoune at most a vagrant preacher usurping to preach at his oun hand pretends that he hath allowance from Mr William Livingstoune of Kilsyth and the fashion of a Call from four or five of the parish quherof thrie does nevertheless Disoun it, And therupon presumes to enter the said kirk and pulpit as if he hade a good right therto, And that albeit the presbytrie of the bounds to whom the inspectione of kirks dureing their vaccancy belongs Did cause cite him yet he refused to appear aither before them or the synod, Bot continues to possess, And has Lykewayes sett of ane house and the gleib to one of the parish who was so simple as to take it from him, And tho the Presbytrie hath gone one to receive witnesses against him and therby find it proven that he hath renunced the protestant religion, signing letters with the signe of the Cross and takeing the Sacrement in hostee and with the other formalities of the popish mass, And also that he is guilty of Cursing his parents and others and of Gross Cheating and Lying, And that he hath not only usurped the said kirk as said is contirary to all due order, Bot contrary to the promise he gave when released sometyme agoe, from his Imprisonment in the Tolbooth of Edinburgh for his foolish disorders to forbear all Irregullar Courses and gave bond and Caution for that effect, And to Compeir when called under the paine of ane Hundred punds Sterling, yet he still Continues his forsaid usurpationes pretending and therby aggravating his guilt, That when lately he went over 2 to3 Flanders and ther gave out himself for a Presbyterian minister He obtained a warrand from his Majestie to be setled in the said kirk which probably is a meer forgery, He haveing received the keyes from Alexander Maxwell factor for Kilsyth by the Order of he said Mr William Livingstoune, And when of late the presbytrie thought fitt to send one of their oun number to preach at the said kirk as vaccant, The said Mr Howstoune did flattly refuse him the keyes and necessitate the minister to preach in the kirk yeard when in the mean tyme Master Howstone did enter the kirk, and hade not above five or six of the most insignificant of the parish for the hearers, And Farder the said Mr William Howstone in his forsaid Folly and madnes proceids to vex the parishioners partly Sumonding them before the Lords partly by Sumonding others before the said Alexander Maxwell as Baillie and himself, For to compt to him for Baptizms and mariadges and to deliver up to him the utincills of the Church As Lykewayes to accept to be his elders and Deacones which is a grivious Oppression, And in effect in the forsaid wholl matter The said Mr William doeth act and behave rather as one besyde himself then as a man of comon sense and Discreation For all which disorders and Crymes he is Justly lyable and being found guilty therof or airt and part of the same He ought not only to be Commanded to desist and remove from the saids bounds and to deliver up the keyes of the Kirk and manse to the presbyterie Bot also He and the said Alexander Maxwell by whose instigation advyce and connivance the saids abuses are Committed, And who is airt and part of the Samen Ought and should be punished therfore to the example and terror of others to comitt the like in tyme comeing And Anent the Charge given to the saids Mr William Howstone defender To have Compeired personally before the saids Lords at ane certaine day now bygone To have answered to the above Complaint And to have heard and seen such Course taken theranent as the saids Lords should think fitt with Certificatione to him if he faillzied The saids Lords would proceid and 4 doe in the said matter as they should find cause as the saids letters and executiones therof bears Whilk being called in presence of the saids Lords this day And Mr Thomas Kennedy and Mr Thomas Ramsay two of the ministers within the said presbytrie Compeiring for the said Presbytrie as pursuars With James Stewart senior their advocat, And the defender also Compeiring personally The Lybell with the answers and Replyes being read, and both parties or their advocats fully heard, And The saids Lords of Privy Councill haveing Considered the Lybell, answers and Replyes with the bond granted be the said defender the tyme of his liberation when he was last in prison Which is in the hands of the Clerks of Councill The Saids Lords Doe heirby Ordaine the saids Mr William Howston defender to give up and deliver into the hands of Mr Gilbert Eliot advocat or Mr David Moncrief Clerks to the Councill the keyes of the kirk of Kilsyth And appoints the maccers of Councill to cary the said defender to the tolbooth of Edinburgh to remaine prisoner therin untill he deliver these keyes to the saids Clerks And Ordaines the defender to give obedience to the presbytrie of Glassgow and other Church Judicatories within this kingdome as the Same is presently constitute and Established by law and conforme to the tenor of the defenders bond.

1. NRS, PC2/24, 81r-82v.

2. The word ‘from’ scored out here.

3. The word ‘to’ inserted above the line.

4. The word ‘Decerne’ scored out here.

1. NRS, PC2/24, 81r-82v.

2. The word ‘from’ scored out here.

3. The word ‘to’ inserted above the line.

4. The word ‘Decerne’ scored out here.

Sederunt, 28 July 1692, Edinburgh

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Edinburgh the Twentie Eight day of Jully Jaj vjc Nyntie two years1

D1692/7/282

Sederunt

Lord Chancelor; Earl of Melvill pr. Seall; Duke of Queensberry; Marquis of Douglas; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfarr; Earl of Kintoir; Earl of Brodalbine; Viscount Tarbat; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Carmicheall; Lord Polwarth; Master of Forbes; Mr Johnston secretary; Lord Hatton; Lord Enstruther; Laird of Blackbarrony; Sir Thomas Livingstone; Sir William Lockhart; Sir Patrick Murray

Edinburgh the Twentie Eight day of Jully Jaj vjc Nyntie two years1

D1692/7/282

Sederunt

Lord Chancelor; Earl of Melvill pr. Seall; Duke of Queensberry; Marquis of Douglas; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfarr; Earl of Kintoir; Earl of Brodalbine; Viscount Tarbat; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Carmicheall; Lord Polwarth; Master of Forbes; Mr Johnston secretary; Lord Hatton; Lord Enstruther; Laird of Blackbarrony; Sir Thomas Livingstone; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 81r.

2. NRS, PC2/24, 81r.

1. NRS, PC2/24, 81r.

2. NRS, PC2/24, 81r.

Warrant, 28 July 1692, Edinburgh

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Att Edinburgh the Tuenty Eight day off Jullij Jaj vjc nyntie tuo years

A1692/7/761

Warrant

Warrand for registrating Sir Thomas Livingstouns dragoons bonds

The Lords of there majestyes privie Councill In prosecutione of there majestyes Commands signifyed to them by a letter under his Royall hand of the date the Fourteint day of Jullij Instant Appoynting there Lordships to Cause prosecute these officers sometyme in Sir Thomas Livingstouns regiment of dragoons Doe hereby appoint the Clerks of Councill to cause registrate the bonds granted be such of these dragoons as are under baill to the Councill viz Mr William Livingstoun of Kilsyth Captain James Murray Captain John Crightoun Leivetennent James Murray […]2 And gives order and warrand to the sollicitor to raise a Lybell and cause Cite the principals in these bonds to compear and there Cautioners to produce them before the Lords of privie Councill with certificatione the penaltyes in there bonds shall be forfaulted and Lykewayes under the paine of rebellione.

At Edinburgh 28 July 1692

A1692/7/761

Warrant

Warrant for registering Sir Thomas Livingston’s dragoons’ bonds

The lords of their majesties’ privy council in prosecution of their majesty’s commands signified to them by a letter under his royal hand of the date the fourteenth day of July instant appointing their lordships to cause prosecute those officers sometime in Sir Thomas Livingston’s regiment of dragoons do hereby appoint the clerks of council to cause register the bonds granted by such of these dragoons as are under bail to the council namely Mr William Livingston of Kilsyth, Captain James Murray, Captain John Crichton, Lieutenant James Murray […]2 And gives order and warrant to the solicitor to raise a libel and cause cite the principals in these bonds to compear and their cautioners to produce them before the lords of privy council with certification the penalties in their bonds shall be forfeited and likewise under the pain of rebellion.

1. PC1/48, 343-4.

2. The rest of a line and half of the next are blank, save for a discontinuous line drawn along both.

1. PC1/48, 343-4.

2. The rest of a line and half of the next are blank, save for a discontinuous line drawn along both.

Act, 28 July 1692, Edinburgh

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Att Edinburgh the Tuenty Eight day off Jullij Jaj vjc nyntie tuo years

A1692/7/751

Act

Act Mr Patrick Purdie for stipend

Anent the petitione Given in to the Lords of there majestyes privie Councill be Mr Patrick Purdie Late minister at Newlands Shewing That where the petitioner being reduced to great Straitts so that he is not in conditione to maintain his poor family without he be supplyed And the heretors of the said paroch of Newlands being fully convinced of the same2 And that the petitioner still Lives within the paroch and hes keept a schooll therein ever since he desisted from3 preaching and taught the schollars gratis Did apply to his Grace The Duke of Queensberry patrone of the said paroch kirk of Newlands to allow the petitioner the vacand stipend of the said kirk for the cropt and year Jaj vjc nyntie one which his Grace shunes to doe without the saids Lords there recomendatione And therefore Craveing that the saids Lords would be leased aither to allow the petitioner the forsaid years vacand stipend of the said paroch of Newlands or to recomend to his Grace The Duke of Queensberrie patrone, To allow the petitioner the same to supplie his necessityes and Indigent Conditione As the said petitione bears The saids Lords of there majestyes privie Councill Haveing considered this petitione given in to them be the above Mr Patrick Purdie They hereby allow to the petitioner the stipend of the Kirk of Newlands for the haill cropt and year of God Jaj vjc nyntie one And ordaines him to be readiely ansuered obeyed and payed thereof be the Heretors fewers wodsetters and others Lyable in payment of the samen And ordaines Letters of horning under the signet of Councill at the petitioners Instance againest them for that effect He produceing a decreet of Locality And in case there be none ordaines these Lyabe to make payment to him of there respective proportiones of the said years stipend according as they shall be decerned be the Judge ordinary In respect the petitioner hes given in to the Clerks of Councill ane obleidgement subscryved be him Binding and obleidgeing himself That for the future he shall pray for there majestyes King William and Queen Mary as King and Queen of this Realme.

At Edinburgh 28 July 1692

A1692/7/751

Act

Act for Mr Patrick Purdie for stipend

Concerning the petition given in to the lords of their majesties’ privy council by Mr Patrick Purdie, late minister at Newlands, showing that where the petitioner being reduced to great straits so that he is not in condition to maintain his poor family without he be supplied, and the heritors of the said parish of Newlands being fully convinced of the same and that the petitioner still lives within the parish and has kept a school therein ever since he desisted from preaching and taught the scholars gratis did apply to his grace the duke of Queensberry, patron of the said parish kirk of Newlands, to allow the petitioner the vacant stipend of the said kirk for the crop and year 1691 which his grace shunes to do without the said lords their recommendation, and therefore craving that the said lords would be leased either to allow the petitioner the forsaid years vacant stipend of the said parish of Newlands, or to recommend to his grace the duke of Queensberry patron, to allow the petitioner the same to supply his necessities and indigent condition, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Mr Patrick Purdie they hereby allow to the petitioner the stipend of the kirk of Newlands for the whole crop and year of God 1691 and ordain him to be readily answered, obeyed and paid thereof by the heritors, feuers, wadsetters and others liable in payment of the same, and ordain letters of horning under the signet of council at the petitioner’s instance against them for that effect he producing a decreet of locality, and in case there be none ordain those liable to make payment to him of their respective proportions of the said year’s stipend according as they shall be decerned by the judge ordinary, in respect the petitioner has given in to the clerks of Council an obligement subscribed by him binding and obliging himself that for the future he shall pray for their majesties King William and Queen Mary as King and Queen of this realm.

1. PC1/48/343.

2. The word ‘And’ scored out here.

3. Inserted above the main.

1. PC1/48/343.

Procedure, 28 July 1692, Edinburgh

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Att Edinburgh the Tuenty Eight day off Jullij Jaj vjc nyntie tuo years

A1692/7/741

Procedure

Approbation of Mcintoshes Comissione to Collonell Hill

The Lords of there majestyes privie Councill being Informed by the Lord High Chancellour of this Kingdome that Lauchlan Mcintosh of Torcastle heretable stewart of the Lands of the Lordship of Lochaber hes granted a Commissione of deputatione In favours of Colonell John Hill Governour of Innerlochie Constituteing Creating and ordaining the said Collonell to be his deput in the said office of stewartrie within the bounds forsaids Excepting in maner as is excepted in the said Commissione or deputatione which is of the dait at Edinburgh the seventeint day of march Last by past And that the said Colonell desyres the Councills approbatione of the said Commissione The saids Lords of there majestyes privie Councill Doe hereby approve of the said Commissione or deputatione be the Laird of Mcintosh to Colonell Hill and of what he hath alreadie done or put in executione or shall doe or putt in executione be vertue thereof And Interpose there authority to the same.

At Edinburgh 28 July 1692

A1692/7/741

Procedure

Approbation of McIntosh’s Commission to Colonel Hill

The lords of their majesties’ privy council being informed by the Lord High Chancellor of this kingdom that Lauchlan McIntosh of Torcastle, heritable stewart of the lands of the lordship of Lochaber, has granted a commission of deputation In favours of Colonel John Hill, governor of Inverlochy, constituting, creating and ordaining the said Colonel to be his depute in the said office of stewartry within the bounds forsaid excepting in manner as is excepted in the said commission or deputation which is of the date at Edinburgh the seventeenth day of March last bypast, and that the said Colonel desires the council’s approbation of the said commission, the said lords of their majesties’ privy council do hereby approve of the said commission or deputation by the laird of McIntosh to Colonell Hill, and of what he has already done or put in execution or shall do or put in execution by virtue thereof, and interpose their authority to the same.

1. PC1/48, 342-3.

1. PC1/48, 342-3.

Act, 28 July 1692, Edinburgh

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A1692/7/731

Act

Act William Spens

Anent the petitione Given in to the Lords of there Majestyes privie Councill be William Spens toun clerk of Rutherglen Shewing That where for acknowledged words spoke be the petitioner rashly againest there present majestyes now more then three years agoe The petitioner wes at first Imprisoned And efter Long Imprisonement Conveened befor the Lords of Justiciarie for the forsaids speeches as being trasone, where upon the petitioners Compearance he made full submissione And thereupon obtained the dyett2 to be continowed That in the mean tyme The petitioner might obtain there majestyes remissione And sieing since that tyme there majestyes have been pleased to grant a full and free pardone and Indemnity to notorious rebells in armes And the petitioner hes also taken the oath of alleadgeance and would gladely accept of there majestyes remissione If he hade the moyen and Could bear the Charges of obtaining of it And that for want there of he is necessitat to attend the Justiciarie court from dyet to dyet to his great prejudice and expenses And therefore Craveing that there Lordships would be pleased In consideratione of the premises To give there order and warrand to the saids Lords of Justiciarie and there majestyes sollicitor To desert the dyet againest the petitioner simpliciter upon his finding Cautione To Compear when ever called As the said petitione bears The Saids Lords of there Majestyes privie Councill haveing Considered this petitione Given in to them be the above William Spens toun clerk of Rutherglen They hereby recomend to the Lords Commissioners of Justiciarie and there Majestyes Sollicitor to desert the dyett againest the petitioner befor the saids Lords Commissioners3 The petitioner4 finding Cautione acted in the books of adjournall That he shall Compear befor the saids Lords Comissioners of Justiciarie when called for under the penalty of Tuo Thousand merks scotts money.

At Edinburgh 28 July 1692

A1692/7/731

Act

Act for William Spence

Concerning the petition given in to the lords of their majesties’ privy council by William Spence, town clerk of Rutherglen, showing that where for acknowledged words spoke by the petitioner rashly againest there present majesties now more than three years ago the petitioner was at first imprisoned and after long imprisonment convened before the lords of justiciary for the forsaid speeches as being treason, where upon the petitioner’s compearance he made full submission, and thereupon obtained the diet to be continued that in the meantime the petitioner might obtain their majesties’ remission, and seeing since that time their majesties have been pleased to grant a full and free pardon and indemnity to notorious rebels in arms, and the petitioner has also taken the oath of allegiance, and would gladly accept of their majesties remission if he had the means and could bear the charges of obtaining of it, and that for want there of he is necessitated to attend the justiciary court from diet to diet to his great prejudice and expenses, and therefore craving that their lordships would be pleased in consideration of the premises to give their order and warrant to the said lords of justiciary and their majesties’ solicitor to desert the diet against the petitioner simpliciter, upon his finding caution to compear whenever called, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above William Spence, town clerk of Rutherglen, they hereby recommend to the lords commissioners of justiciary and their majesties’ solicitor to desert the diet against the petitioner before the said lords commissioners,the petitioner finding caution acted in the books of adjournal that he shall compear before the said lords commissioners of justiciary when called for under the penalty of two thousand merks scots money.

1. PC1/48, 341-2.

2. A scored out, illegible word appears here.

3. The words ‘In respect’ are scored out here.

4. The word ‘be’ scored out here.

1. PC1/48, 341-2.

Act, 28 July 1692, Edinburgh

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Att Edinburgh the Tuenty Eight day off Jullij Jaj vjc nyntie tuo years

A1692/7/721

Act

Act William Irving

The Lord High Chancellour of this Kingdome Haveing acquanted the Lords of there Majestyes privie Councill That by a Letter from the Maister of Stair secretarie of state He is Informed that the Kings majesty intended a remissione to William Irving prisoner in the tolbooth of Edinburgh for the slaughter of James Pattoun in there majesties guaird But the said William being mean and a remissione tedious to be expead He thought it might be to the same purpose If the Councill should change the sentence of death pronunced againest the said William Irving to Banishment And Sir Thomas Livingstoun Comander in cheiff of there majesties forces within this Kingdom haveing produced aneother Letter from the said2 Lord Secretarie to him to the same purpose which wes read in councill upon the tuentie sixt day of Jullij instant The saids Lords of there majestyes privie Councill Conforme to the power and warrand Given to them be there majestyes Commissione of secret Councill past and expead under the great seall of this Kingdome They hereby Convert and Change the sentence of death pronunced againest the said William Irving by the magistrats of Edinburgh as shirreffs within themselves for killing of the said James Pattoun to Banishment And doe hereby Banish the said William Irving furth and from there majestyes dominiones And doe hereby Give order and warrand to the Magistrats of Edinburgh and keeper of there tolbooth To sett the said William Irving furth thereof He first enacting himself in the books of privie Councill That he shall depairt furth of there majestyes dominions with the first ship passing from thence And that he shall never returne thereto without there Majestyes or the Councills speciall Licence first hade and obtained for that effect under the paine of death.

At Edinburgh 28 July 1692

A1692/7/721

Act

Act for William Irving

The Lord High Chancellor of this kingdom having acquainted the lords of their majesties’ privy council that by a letter from the Master of Stair, secretary of state, he is informed that the King’s majesty intended a remission to William Irving, prisoner in the tolbooth of Edinburgh for the slaughter of James Patton in their majesties’ guard, but the said William being mean and a remission tedious to be expedited he thought it might be to the same purpose if the council should change the sentence of death pronounced against the said William Irving to banishment, and Sir Thomas Livingston, commander in chief of their majesties’ forces within this kingdom, having produced another letter from the said lord secretary to him to the same purpose, which was read in council upon the twenty sixth day of July instant, the said lords of their majesties’ privy council conforming to the power and warrant given to them by their majesties’ commission of secret council past and expedited under the great seal of this kingdom, they hereby convert and change the sentence of death pronounced against the said William Irving by the magistrates of Edinburgh as sheriffs within themselves for killing of the said James Patton to banishment, and do hereby banish the said William Irving furth and from their majesties’ dominions and do hereby give order and warrant to the magistrates of Edinburgh and keeper of their tolbooth to set the said William Irving furth thereof, he first enacting himself in the books of privy council that he shall depart furth of their majesties’ dominions with the first ship passing from thence, and that he shall never return thereto without their majesties’ or the council’s special licence first had and obtained for that effect under the pain of death.

1. PC1/48, 341.

2. This word inserted.

1. PC1/48, 341.

Procedure: committee, 28 July 1692, Edinburgh

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Att Edinburgh the Tuenty Eight day off Jullij Jaj vjc nyntie tuo years

A1692/7/711

Procedure: committee

Comittee for secureing the peace of the Highlands

The Lords of there majestyes privie Councill being Informed that there were severall thifts robberies depredations and other dissorders Committed in the Highlands of this Kingdome which might be restrained and remeeded If the Comissiones made for the security of the peace of the Highlands and the Lawes and acts of parliament made anent the same were duely execute doe therefore hereby recomend to the Earles of Kintore and Breadalbain The Viscount of Tarbatt and the Lord Cardross whereof any three are declared to be a quorum to meet and Consider how the forsaid Commissione Lawes and acts of parliament may be made effectuall and receave due executione And to fall upon pertinent and propper proposealls for suppressing and preventing of thifts robberyes and depredationes and other dissorders in the saids Highlands and secureing the peace of the same And to report to the Councill.

At Edinburgh 28 July 1692

A1692/7/711

Procedure: committee

Committee for securing the peace of the Highlands

The lords of their majesties’ privy council being informed that there were several thefts, robberies depredations and other disorders committed in the Highlands of this kingdom which might be restrained and remedied if the commissions made for the security of the peace of the Highlands and the laws and acts of parliament made concerning the same were duly executed do therefore hereby recommend to the earls of Kintore and Breadalbane, the Viscount Tarbat and the Lord Cardross, whereof any three are declared to be a quorum, to meet and consider how the forsaid commission, laws and acts of parliament may be made effectual and receive due execution, and to fall upon pertinent and proper proposals for suppressing and preventing of thefts, robberies and depredations and other disorders in the said Highlands and securing the peace of the same, and to report to the council.

1. PC1/48, 340-41.

1. PC1/48, 340-41.

Decreet, 28 July 1692, Edinburgh

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Att Edinburgh the Tuenty Eight day off Jullij Jaj vjc nyntie tuo years

A1692/7/701

Decreet

Report and Interloquitor anent the heretors of Midlothian

The Comitte off privie Councill appointed for makeing offer of the oath of alleadgeance and assureance to the heretors within the shyre of Midlothian Haveing reported to the Lords of privie Councill That of these heretors who have appeared befor them this day only one did swear the oath of alleadgeance and signe the assureance And aneother viz […] Scot of Lockarrett did swear the oath But did refuse to signe the assureance That severall others refused aither to swear the oath or signe the assureance And the Councill haveing called for the said Scott of Lockharrett They In respect he still refused to signe the same Notwithstanding that he hade sworne the oath doe ordaine him to enter himself prisoner in the tolbooth of Leith within the space of Fourtie Eight houres And the Councill haveing called befor them the severall persones efternamed who refused to swear the oath and signe the assureance befor the Comittee And finding that they still continow to refuse the said They ordaine them to enter themselves prisoners into the respective tolboothes eftermentioned each of them within the space of Fourtie Eight houres viz Sir John Dalmahoy of that Ilk and […] Dalmahoy of Ravelrig in the tolbooth of Kirklistoun Sir John Ramsay of Whytehill into the tolbooth of Mussleburgh and Sir William Patersone into the tolbooth of the Canongate And appoints the magistrats and Bailzies of the respective places forsaids and keepers of there tolboothes to receave and detain the forsaids persones prisoners therein untill farther order of Councill And haveing called for John Mitchelsone of Midletoun who craved a tyme to see the assureance In respect he did never see the samen befor this day The Councill allowes him to advyse untill tuesday next And appoints him to attend there Lordships that day And Robert Pringle of Phirnyhirst being called and not Compearing The Lords granted certificatione againest the said Robert and ordaines him to be denunced rebell unles he Compear befor the Councill or the Committee on tuesday next.

At Edinburgh 28 July 1692

A1692/7/701

Decreet

Report and Interlocutor concerning the heritors of Midlothian

The committee of privy council appointed for making offer of the oath of allegiance and assurance to the heritors within the shire of Midlothian having reported to the lords of privy council that of these heritors who have appeared before them this day only one did swear the oath of allegiance and sign the assurance, and another namely […] Scot of Lockarrett did swear the oath but did refuse to sign the assurance that several others refused either to swear the oath or sign the assurance, and the council having called for the said Scott of Lockharrett they in respect he still refused to sign the same, notwithstanding that he had sworn the oath, do ordain him to enter himself prisoner in the tolbooth of Leith within the space of forty eight hours, and the council having called before them the several persons afternamed who refused to swear the oath and sign the assurance before the committee, and finding that they still continue to refuse the said they ordain them to enter themselves prisoners into the respective tolbooths aftermentioned each of them within the space of forty eight hours, namely Sir John Dalmahoy of that Ilk and […] Dalmahoy of Ravelrig in the tolbooth of Kirkliston, Sir John Ramsay of Whitehill into the tolbooth of Musselburgh, and Sir William Paterson into the tolbooth of the Canongate, and appoints the magistrates and baillies of the respective places aforesaid and keepers of their tolbooths to receive and detain the forsaid persons prisoners therein until further order of council, and having called for John Mitchelson of Midleton who craved a time to see the assurance in respect he did never see the same before this day, the council allow him to advise until Tuesday next, and appoints him to attend their lordships that day, and Robert Pringle of Ferniehirst being called and not compearing the lords granted certification against the said Robert and ordain him to be denounced rebel unless he compear before the council or the committee on Tuesday next.

1. PC1/48, 340.

1. PC1/48, 340.

Procedure: committee, 28 July 1692, Edinburgh

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A1692/7/691

Procedure: committee

Comittee for examining William Smith prisoner as alleaged Come from the Bass

The Lords of there Majestyes privie Councill Doe hereby recomend to Sir Archibald Murray of Blackbarronie Sir Thomas Livingstoun Commander in cheiff of there majestyes forces within this Kingdome and Sir William Lockhart there majestyes sollicitor to call for and examine the persones following viz William Smith maister of a Catch his wyfe and ships boy William Glaidstaines seaman James Drumond passenger Kenneth Urquhart James Montgomery and David Cockburne who are seized upon suspicione of Corresponding with the Rebells in the Bass or with the French Caper which putt in some succours to the base and to report to the Councill.

At Edinburgh 28 July 1692

A1692/7/691

Procedure: committee

Committee for examining William Smith prisoner as alleged Come from the Bass

The lords of their majesties’ privy council do hereby recommend to Sir Archibald Murray of Blackbarony, Sir Thomas Livingston, commander in chief of their majesties’ forces within this kingdom, and Sir William Lockhart, their majesties’ solicitor, to call for and examine the persons following, namely William Smith, master of a catch, his wife and ships boy William Gladstains, seaman James Drummond, passengers Kenneth Urquhart, James Montgomery and David Cockburn who are seized upon suspicion of Corresponding with the rebels in the Bass or with the French caper which put in some succours to the base and to report to the council.

1. PC1/48, 339-40.

1. PC1/48, 339-40.