Tag Archives: 29 March 1692

Act, 29 March 1692, Edinburgh

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Act

Act anent transporting some women for witchcraft

Anent the petitione given in to the Lords of there Majestyes privie Counsell be James Fruid John Martine William Nicolsone and Thomas Jaffrey in Blackshaw John Dicksone in Stopp of Lockerwoods John Dickson in Lockerwoods and John Dickson in Overtoun of Locherwoods Shewing that where Marion Dicksone in Blackshaw Issobell Dickson in Lockerwood Agnes Dickson her daughter and Mareon Herbertsone in Mouswaldbank are persones who of along tyme have been suspected of the abominable and horrid cryme of sorcery and witchcraft and have committed many grievous malefices upon severall persones there neighbours and others and particularly of the Late have Comitted the severall malefices contained in a particular condescendence produced with the said petitione And the same being not only grievous to the petitioners and the other persones damnifyed by them But Lykewayes to all good men and women Liveing in the countrie thereabouts and who cannot assure them selves of saftey of there Lyves By such frequent malefices as they Committ And the samen being so grievous als said is The petitioners did cause apprehend the forsaid persones and applyed to the shireff deput to secure them in the prisone of Drumfreiss which he refused to doe untill the petitioners granted bond to prosecute them for the said crymes, which the petitioners accordingly did and whereupon he Imprisoned them within the tolbooth of Drumfreiss where they still continow Likeas the presbitry of Drumfreiss being fully Convinced of there Guilt and of the Many Malefices Committed by them have given there testificate and Recomendatione thereanent As the samen produced with the said petitione hes testifyed And sieing that the said shirreff deput nor no other persones can sitt and Judge the forsaids persones for the abominable Crymes abovespecified and Cause administrat Justice upon them therefore without the saids Lords of privie Councill there Commission be granted for that effect And therefore Craveing that there Lordships would be pleased to consider the premisses with the forsaid particular condescendence and testificat produced with the said petitione And grant Commissione to such persones as there Lordships should think2 fitt To sitt and Judge the forsaids persones at such tymes as they should think fitt And to grant them full power and Commission of Justiciarie in alse ample forme and maner as the saids Lords of privie Councill have been in use to grant at any tyme bygone As the said petition bears The saids Lords of there Majestyes privie Councill haveing considered this petitione given in to them be the above James Fruid and others They hereby ordaine the women above named Imprisoned in the tolbooth of Drumfreiss as suspect guilty of witchcraft to be transmitted from the said tolbooth of Drumfreiss to the tolbooth of Edinburgh And ordaines the shirreff of Drumfreiss and his deputs to cause transport these women under a sufficient guaird to the shirreff or Stewart of the next shyre or Stewartrie and so from shirreff or stewart to shirreff or stewart untill they be brought to the tolbooth of Edinburgh and ordaines the Magistrats of Edinburgh and keepers of there tolbooth to receave the said women and detain them prisoners till farder order That they may be brought to atryall befor the Lords Commissioners of Justiciary

At Edinburgh 29 March 1692

A1692/3/621

Act

Act concerning transporting some women for witchcraft

Concerning the petition given in to the lords of their majesties’ privy council be James Frood, John Martin, William Nicolson and Thomas Jaffrey in Blackshaw, John Dickson in Stopp of Locherwood, John Dickson in Locherwood and John Dickson in Overton of Locherwood, showing that where Marion Dickson in Blackshaw, Isobell Dickson in Locherwood, Agnes Dickson her daughter, and Marion Herbertson in Mouswaldbank are persons who of a long time have been suspected of the abominable and horrid crime of sorcery and witchcraft and have committed many grievous malefices upon several persons their neighbours and others and particularly of late have committed the several malefices contained in a particular condescendence produced with the said petition, and the same being not only grievous to the petitioners and the other persons harmed by them but likewise to all good men and women living in the country thereabouts and who cannot assure themselves of safety of their lives by such frequent malefices as they commit, and the same being so grievous as said is, the petitioners did cause apprehend the foresaid persons and applied to the sheriff depute to secure them in the prison of Dumfries which he refused to do until the petitioners granted bond to prosecute them for the said crimes, which the petitioners accordingly did and whereupon he imprisoned them within the tolbooth of Dumfries where they still continue, similarly, the presbytery of Dumfries being fully convinced of their guilt and of the many malefices committed by them have given their certificate and recommendation concerning the same as the same produced with the said petition has testified, and seeing that the said sheriff depute nor any other person can sit and judge the foresaid persons for the abominable crimes above specified and cause administer justice upon them therefor, without the said lords of privy council’s commission granted for that effect, and therefore craving that their lordships would be pleased to consider the premisses with the foresaid particular condescendence and certificate produced with the said petition and grant commission to such persons as their lordships should think fit to sit and judge the foresaid persons at such times as they should think fit, and to grant them full power and commission of justiciary in as ample form and manner as the said lords of privy council have been in use to grant at any time bygone, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above James Frood and others, they hereby ordain the women above named imprisoned in the tolbooth of Dumfries as suspect guilty of witchcraft to be transmitted from the said tolbooth of Dumfries to the tolbooth of Edinburgh, and ordain the sheriff of Dumfries and his deputes to cause transport these women under a sufficient guard to the sheriff or steward of the next shire or stewartry and so from sheriff or steward to sheriff or steward until they be brought to the tolbooth of Edinburgh, and ordain the magistrates of Edinburgh and keepers of their tolbooth to receive the said women and detain them prisoners till further order, that they may be brought to a trial before the lords commissioners of justiciary.

1. PC1/48, 128-9.

2. This word has been inserted above the line.

1. PC1/48, 128-9.

Order, 29 March 1692, Edinburgh

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Order

Recomendation Magistrats of Stirling to the Lords of theasurie

Anent the petitione given in to the Lords of there Majesties privie Councill be the Magistrats and toun counsell of Stirling Shewing that the petitioners did advance to the officers of the Earle of Arguylls regiment in Junij and december Jaj vjc and Nyntie one years the soume of Ane Hundreth and sixtie Four pounds Sterling for furthering there March to the Highlands as they were Comanded by authority And gott not only the faithfull promise of the Comanding officers of that Regiment to repay the same But also precepts upon there quartermaister for payment thereof As the samen produced with the said petitione Instructs Notwithstanding whereof They are Lyke to be disappointed of payment unles the saids Lords appoint the same to be payed be the Generall pay maister and retained out of there pay or arriers And therefore Humbly Craveing that the saids Lords would order the Generall paymaisters to pay the forsaid soume of Ane Hundreth and sixtie four pounds sterling to the petitioners out of the arriers due out of that regiment or that the saids Lords would recomend to the Lords of the theasurie to take any other method for payment of the petitioners Especially considering there great Losses they have sustained by furnishing of baggadge horses arriers due for former quarterings and constant contingent charges they are putt to, otherwayes It will be Impossible for them to pay there Cess and other publict burdens As the said petitione bears The saids Lords of there Majestyes privie Councill haveing considered the petitione Given in to them be the within Magistrats and toun counsell of Stirling with the recepts mentioned therein and produced therewith They hereby Recomend to the Lords Commissioners of there majesties theasurie to cause payment be made to the petitioners of the forsaid soume of Ane Hundreth and sixtie Four pounds Sterling out of the first end of the arriers resting to the Earle of Argylles regiment aither for pay or subsistance money

At Edinburgh 29 March 1692

A1692/3/611

Order

Recommendation for the magistrates of Stirling to the lords of treasury

Concerning the petition given in to the lords of their majesties’ privy council by the magistrates and town council of Stirling showing that the petitioners did advance to the officers of the earl of Argyll’s regiment in June and December 1691 the sum of one hundred and sixty-four pounds sterling for furthering their March to the Highlands as they were commanded by authority and got not only the faithful promise of the commanding officers of that regiment to repay the same but also precepts upon their quartermaster for payment thereof as the same produced with the said petition instructs, notwithstanding whereof they are likely to be disappointed of payment unless the said lords appoint the same to be paid by the general paymaster and retained out of their pay or arrears, and therefore humbly craving that the said lords would order the general paymasters to pay the foresaid sum of one hundred and sixty-four pounds sterling to the petitioners out of the arrears due out of that regiment or that the said lords would recommend to the lords of the treasury to take any other method for payment of the petitioners, especially considering the great losses they have sustained by furnishing of baggage horses, arrears due for former quarterings and constant contingent charges they are put to, otherwise it will be impossible for them to pay their cess and other public burdens, as the said petition bears. The said lords of their majesties’ privy council having considered the petition given in to them by the magistrates and town council of Stirling with the receipts mentioned therein and produced therewith, they hereby recommend to the lords commissioners of their majesties’ treasury to cause payment be made to the petitioners of the foresaid sum of one hundred and sixty-four pounds sterling out of the first end of the arrears resting to the earl of Argyll’s regiment either for pay or subsistence money.

1. PC1/48, 127-8.

1. PC1/48, 127-8.

Warrant, 29 March 1692, Edinburgh

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Warrant

Warrand for detaining persones Imprisoned by souldiers

The Lords of there Majesties privie Councill doe hereby give order and warrand to the keeper of the tolbooth of the Cannongate to detain within the said tolbooth all such persones as are Imprisoned therein as souldiers to be carryed to Flanders And discharges the said keeper to delyver any such persones to the officers or others By whose orders they are Imprisoned untill they be examined by a Comittee of Councill appointed for that effect and the keeper receave orders from the Comittee how to dispose of them

At Edinburgh 29 March 1692

A1692/3/601

Warrant

Warrant for detaining persons imprisoned by soldiers

The lords of their majesties’ privy council doe hereby give order and warrant to the keeper of the tolbooth of the Canongate to detain within the said tolbooth all such persons as are imprisoned therein as soldiers to be carried to Flanders, and discharges the said keeper to deliver any such persons to the officers or others by whose orders they are imprisoned until they be examined by a committee of council appointed for that effect and the keeper receives orders from the committee how to dispose of them.

1. PC1/48, 127.

1. PC1/48, 127.

Act, 29 March 1692, Edinburgh

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Act

Act The Laird of Grant anent Cess of his Lands of Urquhart

Anent the petition given in to the Lords of there Majesties privie Councill be Ludovick Grant of Freuchie one of the saids Lords there Number Shewing That where most of the petitioners interest but more particularly his Lands of Urquhart are Laid waiste and the tennents thereof intirely ruined by the depredationes comitted upon them by the Highlanders and others who were in rebellione againest the government And by reasone of which the petitioner for these three years past hes not receaved one sixpence of his rent out of his Lands of Urquhart And upon application made to the saids Lords formerly by the petitioner and some others that were in his Circumstances within the shyre of Inverness There Lordships were pleased to grant Comissione to Colonell Leslie who wes then Comandant at Innerness and to the Comissioners of the forsaid shyre to take tryall anent the conditione of the petitioners Lands and the lands of severall others upon which there hade been hardships and depredationes committed and to report there opiniones there anent to the saids Lords of privie Councill And accordingly after tryall they did make report and transmitt the same to there Lordships And which report is yet in the hands of there Clerks And Notwithstanding that the petitioners interest of Urquhart is intirely waisted and untennent sted2 yet the petitioner is Informed that the Collector of the forsaid shyre is endeavouring to cause the petitioner pay Cess and other publict burdens for the forsaid Lands And it being both Just and equitable that his Majesty should want the publict dues payable in out of these Lands when the petitioner does want his wholl rent Especiallie where this vastatione is committed by ane armie of persones in armes againest his majestyes Government and because that the petitioner wes Imployed in there majestyes service Therefore Craveing that that3 there Lordships would be pleased to take the premisses to there consideratione And in respect that the petitioner hes receaved no rent out4 of his saids Lands of Urquhart since the forsaid depredationes wes comitted That the forsaid report made by Sir James Leslie and the Comissioners of the shyre of Innerness is yet Lyeing in the saids Clerks of hands Therefor to prohibite the Collector of the forsaid shyre To exact any Cess from the petitioner for the forsaids Lands as the said petitione bears The saids Lords of there Majestyes privie Counsell haveing considered this petitione given in to them be the above Laird of Grant They hereby discharge any executione to be used for payment of the Cess of the above Lands by quartering or otherwayes untill the first day of Jully next to come And if there be any pairtyes alreadie quartered for the same ordaines them instantly to be removed

At Edinburgh 29 March 1692

A1692/3/591

Act

Act for the laird of Grant concerning cess of his lands of Urquhart

Concerning the petition given in to the lords of their majesties’ privy council be Ludovic Grant of Freuchie, one of the said lords’ number, showing that where most of the petitioner’s interest but more particularly his lands of Urquhart are laid waste and the tenants thereof entirely ruined by the depredations committed upon them by the Highlanders and others who were in rebellion against the government, and by reason of which the petitioner for these three years past has not received one sixpence of his rent out of his lands of Urquhart, and upon application made to the said lords formerly by the petitioner and some others that were in his circumstances within the shire of Inverness, their lordships were pleased to grant commission to Colonel Leslie who was then commandant at Inverness and to the commissioners of the foresaid shire to take trial concerning the condition of the petitioner’s lands and the lands of several others upon which there had been hardships and depredations committed and to report their opinions concerning the same to the said lords of privy council, and accordingly after trial they did make report and transmit the same to their lordships, and which report is yet in the hands of their clerks, and notwithstanding that the petitioner’s interest of Urquhart is entirely wasted and untenanted, yet the petitioner is informed that the collector of the foresaid shire is endeavouring to cause the petitioner to pay cess and other public burdens for the foresaid lands and it being both just and equitable that his majesty should want the public dues payable out of these lands when the petitioner does want his whole rent, especially where this devastation is committed by an army of persons in arms against his majesty’s government and because the petitioner was employed in their majesties’ service, therefore craving that their lordships would be pleased to take the premisses to their consideration, and in respect that the petitioner has received no rent out of his said lands of Urquhart since the foresaid depredations were committed, that the foresaid report made by Sir James Leslie and the commissioners of the shire of Inverness is yet lying in the said clerk’s hands, therefore to prohibit the collector of the foresaid shire to exact any cess from the petitioner for the foresaid lands as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above laird of Grant, they hereby discharge any execution to be used for payment of the cess of the above lands by quartering or otherwise until the first day of July next to come, and if there be any parties already quartered for the same, ordain them instantly to be removed.

1. PC1/48, 126-7.

2. Sic. Should probably be ‘waisted and untennented’.

3. Sic.

4. This word has been inserted above the line.

1. PC1/48, 126-7.

Procedure: committee, 29 March 1692, Edinburgh

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Procedure: committee

Comittee anent Halyburtoun and Fraser

Petition for Alexander Halyburtoun and William Fraser prisoners in the tolbooth of Edinburgh who were processed befor the Lords Commissioners of Justiciarie for high treasone in Surpryseing or holding out the Bass and refuseing the benefite of the Indemnity when offered to them by the Councills order and who are now found guilty and sentenced to dye upon the tuentie Fyfth day of Maij next Representing that befor they were found guilty they hade acknowledged all that wes2 proven againest them And did then and does still cast themselves on the Kings Mercie And craveing there case to be favourably represented to his Majestie And the dyett of there executione prorogate, Read and Recomended to the Lord Fountainhall and the Laird of Blackbarronie to prepare the draught of a representatione of the Caises and Circumstances of both these petitioners And to report the same to the Councill that it may be transmitted to his majesty and ordaines Halyburtoun to subscrybe his petitione which is given in unsubscryved

At Edinburgh 29 March 1692

A1692/3/581

Procedure: committee

Committee concerning Halyburtoun and Fraser

Petition for Alexander Halyburton and William Fraser, prisoners in the tolbooth of Edinburgh who were processed before the lords commissioners of justiciary for high treason in surprising or holding out the Bass and refusing the benefit of the indemnity when offered to them by the council’s order and who are now found guilty and sentenced to die upon the twenty-fifth day of May next, representing that before they were found guilty they had acknowledged all that was proved against them, and did then and does still cast themselves on the king’s mercy, and craving their case to be favourably represented to his majesty and the diet of their execution prorogued. Read and recommended to the [Sir John Lauder] Lord Fountainhall and [Sir Archibald Murray] laird of Blackbarony to prepare the draft of a representation of the cases and circumstances of both these petitioners and to report the same to the council that it may be transmitted to his majesty and they ordain Halyburton to subscribe his petition which is given in unsubscribed.

1. PC1/48, 125-6.

2. The word ‘found’ is scored out here.

1. PC1/48, 125-6.

Act, 29 March 1692, Edinburgh

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Act

Act Captain John Crightoun

Anent the petition given in to the Lords of there majesties privie Councill be Captain John Crightoun Shewing That whereas the petitioner being in Junij Jaj vjc and Eighty Nyne years Committed prisoner to the tolbooth of Edinburgh with the Viscount of Kilsyth and some others where he Continowed for the space of tuenty one moneths untill upon applicatione to the saids Lords of privie Councill the petitioner wes allowed to be confyned to his Chamber upon sufficient baill and with a Centinell And haveing thereafter obtained (when he hade remained under that confynement for the space of ten moneths) Liberty by there Lordships favour and goodnes to goe abroad some houres in the day tyme for his health and Continowed under baill And not to goe abroad without ane Centinell In which conditione the petitioner does presently continue which Long Imprisonement confynement and restraint hes been verie grievous and expensive to the petitioner which hes redacted him and his small familie to a great daill of misery and want being a stranger in this Kingdome And haveing nether freinds nor estate in this place And therefore humbly Craveing sieing the petitioner is willing to find sufficient Cautione to keep the peace and Live quyetly under the Government That therefore there Lordships would be graciously pleased to relax him from the said Confynement and restraint As the said petition bears The saids Lords of there Majestyes privie Councill haveing considered this petitione given in to them be the above John Crightoun They hereby give order and warrand to the Captain of the guairds in the Canongate under whose centinells the petitioner is, To allow the petitioner to goe abroad furth of his oune duelling house in the Canongate where he is Confyned each day from morning to evening The petitioner alwayes being under a Centinell and before extracting hereoff Finding sufficient Cautione acted in the books of privie Councill that each morning he goes furth of the said house he shall returne thereto that same evening And also that he shall remaine ane true prisoner in the said house and shall not goe furth of the same except as he is above allowed under the penalty of Ane Hundreth pounds Sterling In case he shall transgress in any pairt of the premisses

At Edinburgh 29 March 1692

A1692/3/571

Act

Act for Captain John Crichton

Concerning the petition given in to the lords of their majesties privy council by Captain John Crichton showing that whereas the petitioner being in June 1689 committed prisoner to the tolbooth of Edinburgh with [James Livingston] viscount of Kilsyth and some others where he continued for the space of twenty-one months until, upon application to the said lords of privy council, the petitioner was allowed to be confined to his chamber upon sufficient bail and with a sentinel, and having thereafter obtained (when he had remained under that confinement for the space of ten months) liberty by their lordships’ favour and goodness to go abroad some hours in the daytime for his health and continued under bail and not to go abroad without a sentinel, in which condition the petitioner does presently continue, which long imprisonment, confinement and restraint has been very grievous and expensive to the petitioner, which has reduced him and his small family to a great deal of misery and want, being a stranger in this kingdom and having neither friends nor estate in this place, and therefore humbly craving, seeing the petitioner is willing to find sufficient caution to keep the peace and live quietly under the government, that therefore their lordships would be graciously pleased to relax him from the said confinement and restraint, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above John Crichton, they hereby give order and warrant to the captain of the guards in the Canongate under whose sentinels the petitioner is, to allow the petitioner to go abroad furth of his own dwelling house in the Canongate where he is confined each day from morning to evening, the petitioner always being under a sentinel and before extracting hereof finding sufficient caution acted in the books of privy council that each morning he goes furth of the said house he shall return thereto that same evening, and also that he shall remain a true prisoner in the said house and shall not go furth of the same except as he is above allowed under the penalty of one hundred pounds sterling, in case he shall transgress in any part of the premisses.

1. PC1/48, 124-5.

1. PC1/48, 124-5.

Act, 29 March 1692, Edinburgh

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Act

Act William Livingstoun brother to the Viscount off Kilsyth

Anent the petitione Given in to the Lords of ther majestyes privie Councill be William Livingstoun brother to the viscount of Kilsyth Shewing That whereas the petitioner being in Junij Jaj vjc and Eightie Nyne Committed prisoner to the tolbooth of Edinburgh and there continowed whill november Jaj vjc and Nyntie for the space of seventein moneths And afterwards haveing obtained by there Lordships favour some Litle enlargement by Confyneing the petitioner to a chamber within the toun of Edinburgh under sufficient baill and with a centrie In which conditione the petitioner Continowed for the space of twelve moneths viz From November Jaj vjc and Nyntie till November Jaj vjc and Nyntie one At which tyme haveing haveing2 again applyed to there Lordships The petitioner obtained ane further enlargement being allowed to Change his Lodgeing and some houres in the day to walk abroad for the free air, His health being much Impaired by so Long a restraint, But Continowed alwayes under baill And not being allowed to go abroad without a Centrie and in which conditione the petitioner does as yet continow And Lykewayes in Januarij and Nyntie There wes ane act of Sequestratione by the saids Lords there warrand and authoritie off the Rents of the petitioners Lands and estate for that current year and for all bygones unpayed and in tyme comeing And the Chamberlain of the estate wes ordained to find Cautione unto the Lords of theasury for makeing the samen Furth comeing unto these who should have best right And he haveing accordingly found sufficient Cautione, By which Long Imprisonement Confynement and Restraint and sequestratione of the rents of the petitioners Lands He is very many wayes prejudged and Creditors are thereby provocked to goe one in Legall diligences even before the Lords of Sessione which will make the debt swell so high that if a present remedie be not provyded the Fortune will goe to absolute ruine And therefore Humbly craveing that sieing the petitioner is willing to find Cautione beyond all exceptione for keeping the peace and Liveing quyetly under the government That therefore there Lordships would be pleased to discharge any further restraint or Confynement of the petitioners persone And Lykewayes to take off the act of sequestratione of the petitioners rents And to ordaine the bond given in be Alexander Maxwell chamberland to the Lords of the theasurie to be delyvered up: As the said petition bears The Saids Lords of there majesties privie Councill haveing considered this petitione Given in to them be the above William Livingstoun brother to the viscount of Kilsyth They hereby Give order and warrand to the Captain of the toun of Edinburghs company of guairds to allow the petitioner to goe abroad under a Centinell each day from Morneing to evening Furth of the house of Andrew Smith piriwigmaker at the heid of Neddries wynd in Edinburgh to which he is confyned The petitioner alwayes befor extracting hereof Finding sufficient Cautione acted in the books of privie Councill That each morning he goes furth of the said house He shall returne thereto the same evening and that he remaine a true prisoner in the said house and shall not goe furth of the same except as is above allowed under the penalty of Ane thousand and Fyve Hundreth pounds Sterling In case he shall transgress in any pairt of the premises And ordaines the petitioner to Find sufficient cautione acted in the books of privie Councill for makeing furth comeing such pairt of his Lands and estate rents and annualrents thereof as at the event of any process that may be Intented againest him shall be found to pertaine to the Kings majesty And upon Finding of this Cautione The saids Lords takes off the sequestratione upon the saids Lands and estate or any diligence following thereon And Recomends to the Lords Commissioners of there Majestyes theasurie to cause delyver up the bond granted be the above Chamberland of the petitioners estate to there Lordships

At Edinburgh 29 March 1692

A1692/3/561

Act

Act for William Livingston brother to the Viscount of Kilsyth

Concerning the petition given in to the lords of their majesties’ privy council by William Livingston, brother to [James] viscount of Kilsyth showing that whereas the petitioner being in June 1689 committed prisoner to the tolbooth of Edinburgh and there continued until November 1690 for the space of seventeen months and afterwards having obtained by their lordships’ favour some little enlargement by confining the petitioner to a chamber within the town of Edinburgh under sufficient bail and with a sentry, in which condition the petitioner continued for the space of twelve months, viz from November 1690 till November 1691, at which time having again applied to their lordships, the petitioner obtained a further enlargement being allowed to change his lodging and some hours in the day to walk abroad for the free air, his health being much impaired by so long a restraint, but continued always under bail and not being allowed to go abroad without a sentry and in which condition the petitioner does as yet continue, and likewise in January 1690 there was an act of sequestration by the said lords’ warrant and authority of the rents of the petitioner’s lands and estate for that current year and for all bygones unpaid and in time coming, and the chamberlain of the estate was ordained to find caution unto the lords of treasury for making the same forthcoming unto these who should have best right, and he having accordingly found sufficient caution, by which long imprisonment, confinement and restraint and sequestration of the rents of the petitioner’s lands he is very many ways prejudged and creditors are thereby provoked to go on in legal diligences even before the lords of session which will make the debt swell so high that if a present remedy is not provided, the fortune will go to absolute ruin; and therefore humbly craving that seeing the petitioner is willing to find caution beyond all exception for keeping the peace and living quietly under the government, that therefore their lordships would be pleased to discharge any further restraint or confinement of the petitioner’s person, and likewise to take off the act of sequestration of the petitioner’s rents and to ordain the bond given in by Alexander Maxwell, chamberlain, to the lords of the treasury to be delivered up, 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 Livingston, brother to the viscount of Kilsyth, they hereby give order and warrant to the captain of the town of Edinburgh’s company of guards to allow the petitioner to go abroad under a sentinel each day from morning to evening furth of the house of Andrew Smith periwig-maker at the head of Niddry’s Wynd in Edinburgh to which he is confined, the petitioner always before extracting hereof finding sufficient caution acted in the books of privy council that each morning he goes furth of the said house he shall return thereto the same evening and that he remain a true prisoner in the said house and shall not go furth of the same except as is above allowed under the penalty of one thousand five hundred pounds Sterling in case he shall transgress in any part of the premises. And they ordain the petitioner to find sufficient caution acted in the books of privy council for making forthcoming such part of his lands and estate, rents and annualrents thereof as at the event of any process that may be raised against him shall be found to pertain to the king’s majesty, and upon finding of this caution the said lords take off the sequestration upon the said lands and estate or any diligence following thereon, and recommend to the lords commissioners of their majesties’ treasury to cause deliver up the bond granted by the above chamberlain of the petitioner’s estate to their lordships.

1. PC1/48, 123-4.

2. Sic.

1. PC1/48, 123-4.

Act, 29 March 1692, Edinburgh

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Act

Liberatione for The Earle of Perth

Anent the petitione Given in to the Lords of there majesties privie Councill be Mary Countess of Perth Shewing that the Earle of Pearth the petitioners2 husband is at present exceedingly Indisposed in his health and much worse within these Fyve or six weeks bygone then he hath been formerly And it being the opinione of his phisicians now as before that nothing will contribute to the recovery of his health but a free air and the Liberty of exercise as by a testificate subscryved with there hands upon Consciences and produced with the said petitione hes appeared And therefore Humbly craveing that there Lordships would be pleased to order the Earle of Perth to be sett at Liberty out of the castle of Stirling and to continow in freedome till his Majestyes pleasure be knowen At least till the saids Lords order him to reenter and sufficient baill shall be given for his entrie as the saids Lords shall direct As the said petitione bears The saids Lords of there Majestyes privie Councill haveing considered this petitione with a testificate of the Earle of Pearth his Indispositione under the hand of Mr George Murray Docter of medicine and Bailzie John Harlaw chirurgeon They hereby give order and warrand to Captain John Erskine Leivetennent governour of the castle of Stirling and in his absence the next commanding officer there to sett the said Earle at Liberty Furth of the said castle He first procureing bond by sufficient persones acted in the books of privie Counsell befor his Liberatione that he shall Live peaceably under the government of there Majestyes King William and Queen Mary And that he shall not act consult or contryve anything in prejudice thereoff And that he shall reenter himself prisoner in the said Castle of Stirling betuixt and the tuentyeth day of Julij next or sooner if he be requyred And that he shall not depairt furth of his kingdome in the mean tyme under the penaltie of Fyve thousand pounds sterling In case the said Earle shall Contraveen any of the heids forsaids And appoints the said Earle to use his outmost endeavours for procureing the Earle of Wigtoun and his brother to be brought home from France to there oune habitationes in this kingdome with all expeditione And also the said Earle befor his Liberatione procureing bond by sufficient persones acted in the books of privie Councill to refound to the Countess off Crawfurd the soume off Three Hundred pounds Sterling to be payed in be her to his Lordship for defrayeing the expenses of the Earle of Wigtoun and his Brother and of a persone to be sent by the Earle of Pearth in to France for bringing hom the said Earle off Wigtoun and his brother and of the above rent of the said three hundreth pounds sterling from the tyme the same shall be delyvered to the said Earle of Perth If the said Earle of Wigtoun and his brother be not brought home and delyvered aither to one of the secretaryes of state for this kingdome at London or to the privie Counsell thereof att Edinburgh and that betuixt and the said tuenty day of Jullij next to come And ordaines the said Captain Erskine or in his absence the next Comanding officer to the Castell of Stirling to receave againe the said Earle of Pearth prisoner into the forsaid castle at the said tuentieth day of Jullij sic subscribitur Tweeddale cancel: Jpd: Douglas Linlithgow Lothiane Raith3 John Lauder Archibald Murray Ludovick Grantt Pattrick Murray

At Edinburgh 29 March 1692

A1692/3/551

Act

Liberation for the earl of Perth

Concerning the petition given in to the lords of their majesties’ privy council by Mary, countess of Perth, showing that the earl of Perth the petitioner’s husband is at present exceedingly indisposed in his health and much worse within these five or six weeks bygone than he has been formerly, and it being the opinion of his physicians now as before that nothing will contribute to the recovery of his health but a free air and the liberty of exercise as by a certificate subscribed with their hands upon conscience and produced with the said petition has appeared, and therefore humbly craving that their lordships would be pleased to order the earl of Perth to be set at liberty out of the castle of Stirling and to continue in freedom till his majesty’s pleasure be known, at least till the said lords order him to re-enter, and sufficient bail shall be given for his entry as the said lords shall direct, as the said petition bears. The said lords of their majesties’ privy council having considered this petition with a certificate of the earl of Perth’s indisposition under the hand of Mr George Murray, doctor of medicine and bailie John Harlaw surgeon, they hereby give order and warrant to Captain John Erskine, lieutenant governor of the castle of Stirling and in his absence the next commanding officer there, to set the said earl at liberty furth of the said castle, he first procuring bond by sufficient persons acted in the books of privy council before his liberation that he shall live peaceably under the government of their majesties King William and Queen Mary, and that he shall not act, consult or contrive anything in prejudice thereof, and that he shall re-enter himself prisoner in the said Castle of Stirling before the twentieth day of July next or sooner if he be required, and that he shall not depart furth of this kingdom in the meantime under the penalty of five thousand pounds sterling, in case the said earl shall contravene any of the heads foresaid, and appoints the said earl to use his utmost endeavours for procuring [John Fleming] earl of Wigtown and his brother to be brought home from France to their own habitations in this kingdom with all expedition, and also the said earl before his liberation procuring bond by sufficient persons acted in the books of privy council to refund to the countess of Crawford the sum of three hundred pounds sterling to be paid in by her to his lordship for defraying the expenses of the earl of Wigtown and his brother and of a person to be sent by the earl of Perth in to France for bringing home the said earl of Wigtown and his brother and of the above rent of the said three hundred pounds sterling from the time the same shall be delivered to the said earl of Perth if the said earl of Wigtown and his brother be not brought home and delivered either to one of the secretaries of state for this kingdom at London or to the privy council thereof at Edinburgh and that before the said twentieth day of July next to come, and ordains the said Captain Erskine or in his absence the next commanding officer to the Castle of Stirling to receive again the said earl of Perth prisoner into the foresaid castle at the said twentieth day of July; subscribed Tweeddale chancellor: in presence of: Douglas, Linlithgow, Lothian, Raith, John Lauder, Archibald Murray, Ludovick Grant, Patrick Murray.

1. PC1/48, 122-3.

2. This word has been inserted above the line.

3. The words ‘Ab: Murray’ scored out here.

1. PC1/48, 122-3.

Proclamation, 29 March 1692, Edinburgh

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Att Edinburgh the Tuenty Nynth day off March Jaj vjc and Nyntie tuo years

A1692/3/541

Proclamation

Proclamation for adjourning the parliament

A proclamatione appointed to be drawen in the termes of there majesties forsaid Letter which being prepared wes read, approven signed and appointed to be published with usuall solemnityes whereof the tenor followes William and Mary be the Grace of God King and Queen of great Brittaine France and Ireland defenders of the faith To our Lyon King at armes and his brethren heraulds macers of our privie Councill pursevants messengers at armes our shirreffs in that part Conjunctly and severallie speciallie constitute greeting Forasmuch as we with advyce of the Lords of our privie Councill Did by our proclamatione of the date the Fourth day of Januarij last by past adjourne the current parliament of this our ancient Kingdome of Scotland from the Fourteinth day of the said moneth of Januarij Last bypast to the Fyfteenth day of apryll next ensueing both in this instant year of God one thousand six hundreth and nyntie tuo years And now in regaird that our effairs in this our said ancient Kingdome doe not requyre the meeting of our parliament so soon And in consideratione of our absence out of Brittaine for the tyme And that the members of parliament may not be putt to the trouble and charges of meeting upon the said day Wee therefor with advyce of our saids Lords of privie Councill hereby adjourne our said Current parliament untill the seventeenth day of August next to come in this said Instant year One thousand six Hundreth and nyntie tuo years Hereby requyreing all the members of our parliament to give there attendence at Edinburgh on that day in the accustomed maner and under the Certificationes contained in the severall acts of parliament our will is Herefore and wee charge yow strictly and Comand That Incontinent these our Letters seen ye pass to the mercat cross of Edinburgh and to the mercat crosses of the wholl head burghes of the severall shyres of this Kingdome and there in our name and authority be open proclamatione make publicatione of our said adjournement of2 our Current parliament of this our ancient kingdome from the said Fyfteinth day of Apryll to the said seventeenth day of Apryll3 both next ensueing and ordaines these presents to be printed and Given under our Signet at Edinburgh the tuenty nynth day of March and of our reigne the Fourth year Jaj vjc and Nyntie tuo years sic subscibitur Tweeddale Cancel: Douglas Linlythgow Strathmore Lothian Leven Kintore Stair John Lauder William Enstruther4

At Edinburgh 29 March 1692

A1692/3/541

Proclamation

Proclamation for adjourning the parliament

A proclamation is appointed to be drawn in the terms of their majesties’ foresaid letter which being prepared was read, approved, signed and appointed to be published with usual solemnities, whereof the tenor follows: William and Mary by the grace of God king and queen of Great Britain, France and Ireland, defenders of the faith to our Lyon King at arms and his brethren heralds, macers of our privy council, pursuivants, messengers at arms our sheriffs in that part jointly and severally specially constituted greeting. Forasmuch as we with advice of the lords of our privy council did by our proclamation of the date the fourth day of January last bypast adjourn the current parliament of this our ancient kingdom of Scotland from the fourteenth day of the said month of January last bypast to the fifteenth day of April next ensuing, both in this instant year of God one thousand six hundred and ninety-two years, and now in regard that our affairs in this our said ancient kingdom do not require the meeting of our parliament so soon, and in consideration of our absence out of Britain for the time, and that the members of parliament may not be put to the trouble and charges of meeting upon the said day, we therefore with advice of our said lords of privy council hereby adjourn our said current parliament until the seventeenth day of August next to come in this said instant year one thousand six hundred and ninety-two years, hereby requiring all the members of our parliament to give their attendance at Edinburgh on that day in the accustomed manner, and under the certifications contained in the several acts of parliament. Our will is herefore and we charge you strictly and command that incontinent these our letters seen, you pass to the market cross of Edinburgh and to the market crosses of the whole head burghs of the several shires of this kingdom and there in our name and authority by open proclamation make publication of our said adjournment of our current parliament of this our ancient kingdom from the said fifteenth day of April to the said seventeenth day of August, both next ensuing and ordain these presents to be printed and given under our signet at Edinburgh the twenty-ninth day of March and of our reign the fourth year 1692: subscribed Tweeddale Chancellor; Douglas, Linlithgow, Strathmore, Lothian, Leven, Kintore, Stair, John Lauder, William Anstruther.

1. PC1/48, 121-2.

2. The word ‘this’ scored out here.

3. Sic. Should be August.

4. This list of signatories is in smaller writing and is crammed in before the following entry.

1. PC1/48, 121-2.

Letter: royal, 29 March 1692, Edinburgh

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Att Edinburgh the Tuenty Nynth day off March Jaj vjc and Nyntie tuo years

A1692/3/531

Letter: royal

The Kings Letter for adjourneing the parliament

The Letter under wrytten for adjourning the parliament wes read and ordered to be recorded as followes Sic Suprascribitur William Rex
Right Trustie and right well beloved Cousigne and Councellor Right trustie and Intirely beloved Cousigne and Councellour Right trustie and right well beloved Cousine and Councellor Right trustie and Intirely beloved Cousine and Councellor Right trustie and right well beloved Cousigne and Councellor Right trustie and well beloved Cousines and Councellors Right trustie and well beloved Councillors Right trustie and well beloved Councellors and trusie and well beloved Counsellors wee greet yow well whereas by our former Letter dated at our court at Kensingtoun the tuenty nynth of December Last wee did authorize and requyre yow to emitt a proclaimatione for adjourneing our current parliament from the Fourteeinth day of Januarij last to the Fyfteinth day of Januarij2 next ensueing And now in regaird that our effairs in that our Kingdome doe not requyre the meeting of our parliament so soon And in consideratione of our absence out of Brittaine for the tyme Therefore it is our will and pleasure And wee doe hereby authorize and requyre yow furthwith to Emitt a proclamatione for adjourneing our said parliament from the said fyfteint day of Apryll next to the seventeint day of August thereafter Requyreing all the members thereof to Give there attendance at Edinburgh on that day in the accustomed maner, and under the ordinary3 Certificationes For doeing whereoff this shall be your warrand And so wee bidd yow heartily farewell Given at our court at the Hague the Eighteint day of March Jaj vjc and Nyntie tuo years And of our Reigne the Fourth year By his majesties Comand Sic Subscribitir J Johnstoun

At Edinburgh 29 March 1692

A1692/3/531

Letter: royal

The King’s letter for adjourning the parliament

The letter underwritten for adjourning the parliament was read and ordered to be recorded as follows: superscribed William Rex
Right trusty and right well beloved cousin and councillor, right trusty and entirely beloved cousin and councillor, right trusty and right well beloved cousin and councillor, right trusty and entirely beloved cousin and councillor, right trusty and right well beloved cousin and councillor, right trusty and well beloved cousins and councillors, right trusty and well beloved councillors, right trusty and well beloved councillors, and trusty and well beloved councillors we greet you well. Whereas by our former letter dated at our court at Kensington the twenty-ninth of December last we did authorise and require you to emit a proclamation for adjourning our current parliament from the fourteenth day of January last to the fifteenth day of April next ensuing, and now in regard that our affairs in that our kingdom do not require the meeting of our parliament so soon, and in consideration of our absence out of Britain for the time, therefore it is our will and pleasure and we do hereby authorise and require you forthwith to emit a proclamation for adjourning our said parliament from the said fifteenth day of April next to the seventeenth day of August thereafter, requiring all the members thereof to give their attendance at Edinburgh on that day in the accustomed manner, and under the ordinary certifications for doing whereof this shall be your warrant. And so we bid you heartily farewell. Given at our court at the Hague the eighteenth day of March 1692 and of our reign the fourth year. By his majesty’s command: subscribed J Johnstoun.

1. PC1/48, 120-21.

2. Sic. Should be April.

3. The word ‘consideratione’ scored out here.

1. PC1/48, 120-21.