Act, 29 November 1692, Edinburgh

Att Edinburgh the Tuenty Nynth day of November Jaj vjc and nyntie tuo years

A1692/11/581

Act

Act for transporting Naval Pain from Blackness to Stirling castle

The Lords of there Majesties privie Councill In obedience to and prosecutione of his majesties Comands Contained in a letter under his Royall hand of the date at Kensingtoun the tuenty fourth day of november instant Doe hereby Recomend to the Earle of Drumlangrig to cause convey Henrie Naval Payne prisoner in the castle of Blackness under a sufficient guaird from the said castle of Blackness to the Castle of Stirling And recomends to the Earle of Linlithgow Governour of Blackness And in his absence ordaines the deputie Governour and next Comanding officers there to delyver the said Navall Payne to the said guaird And ordaines Leivetennent Colonell John Erskine deputie governour of the Castle of Stirling and in his absence the next Comanding officer there to receave him from the said guaird and detaine him closs prisoner within the said Castle of Stirling untill further order

At Edinburgh 29 November 1692

A1692/11/581

Act

Act for transporting Naval Payne from Blackness to Stirling Castle

The lords of their majesties’ privy council, in obedience to and prosecution of his majesty’s commands contained in a letter under his royal hand of the date at Kensington 24 November instant, doe hereby recommend to [James Douglas] the earl of Drumlanrig to cause convey Henry Naval Payne, prisoner in the castle of Blackness, under a sufficient guard from the said castle of Blackness to the castle of Stirling. And recommend to [George Livingston] the earl of Linlithgow, governor of Blackness, and in his absence ordain the deputy governor and next commanding officers there, to deliver the said Naval Payne to the said guard. And ordain Lieutenant Colonel John Erskine, deputy governor of the castle of Stirling, and in his absence the next commanding officer there, to receive him from the said guard and detain him close prisoner within the said castle of Stirling until further order.

1. PC1/48, 474-5.

1. PC1/48, 474-5.

Letter: royal, 29 November 1692, Edinburgh

Att Edinburgh the Tuenty Nynth day of November Jaj vjc and nyntie tuo years

A1692/11/571

Letter: royal

Letter from the King that he hes received the Councills tuo Letters and anent militia oath of alleadgeance and assureance persons gone to France, Highland Justiciarie, Naval Pain and others prisoners, ministers not praying, a Comissarie generall, stores and magazines, Captain of Clanronald muster of publict establishment or different way and Lord Bellinden

The Letter underwreitten from the Kings Majestie to the Councill being read wes ordered to be recorded whereof the tenor followes
Sic Suprascribitur William Rex
Right trustie and Right well beloved Cousine and Councillour Right trustie and Intirely beloved Cousignes and Councillours Right trustie and Right well beloved Cousines and Councillours Right trustie and well beloved Cousines and Councillours Right trustie and well beloved Councillours And trustie and well beloved Councillours wee Greet yow well Wee receaved your Congratulatorie Letter upon our safe arryveall and ordered our thanks to be sent to yow for the expressiones which yow gave us in it, of your duety and affectione to our persone and government Wee receaved in Flanders your Letter of the tuelth of August But delayed ansuering it, till now that wee have matters more fully before us, Wee are satisfyed that nothing can be done in the militia that will prove effectuall without ane act of parliament And as to the Schem of Fyve Thousand modelled men, wee cannot think that its practicable without more money then can be spared at present And as to the oath of alleadgeance and the assureance (which still wee order not to be separated) wee think more effectuall methods may be taken for bringing our subejcts to Complye with there duety in that matter, about which yow may expect our further pleasure In the mean whyle since the natione is not in any present danger wee allow yow to Let those that are in prisone upon that account out upon baill Yow shall quickly have further orders about those that have gone to France since the declaratione of warr And whom wee hear now yow have made to be denounced Wee are Convinced of the use and necessity of the Highland Justiciarie And have ordered the Commissione for it to be Revised and dispatched As for the prisoners It is our will That Naval Payne be sent to the Castle of Stirling And there keeped Closs prisoner That the Earle of Sieforth The Lord Frazer Mr Livingstoun and those other officers that were Concerned with him be all brought to there tryalls when our advocat arryves In the mean whyle wee requyre yow to order our sollicitor to use all diligence for secureing of witnesses and prepareing of evidence As to the Late Arch Bishop of Glasgow wee have made signify our pleasure Concerning him to the Chancellour As for ministers not praying as the Law requyres wee ordaine that the Lawes in this matter alswell as in all others be punctually executed This is all wee think necessarie to order In answer to yours at this tyme Wee think fitt also to give yow notice that wee are Resolved to put our army upon such a foot as that they shall have full pay To appoint a Commissarie Generall for preventing all abuses and Complaints about Localities And to have the best methods taken for satisfyeing the Countrey and our army in there arriers For all which wee shall give the necessarie orders to our Theasurie As Lykewayes for provydeing our stores and magazines with armes and what else shall be found necessarie wee being also resolved to show all2 favour to those of our Good subjects that behave themselves duetyfully and at the same tyme to make those that doe otherwayes examples of our Justice, Wee requyre yow to execute the Law In its full extent againest the Captain of Clanronald And wee have ordered our Theasurie to Impower Colonell Hill to suspend quartering upon those of the Highlanders that were Lately in rebellione provyded they now behave themselves duetyfully And that for all publict dues preceeding the year Jaj vjc and nyntie one There being assignements upon the dues of that year As to church matters which wee hear Gives ryse to heatts amongst yow It is our pleasure that the present Establishment (From which wee have no designe to recede) be mantained according to Law As to the ministers of a dissaffected way wee requyre yow to protect from all violences and prosecutiones those of them that have applyed and doe not fall under the qualificationes Contained in the act of parliament And for those that are not in possessione nor have not whereupon to subsist wee have given orders that the vacand stipends be brought in and parcelled out to them according to there necessityes and behaviour Wee requyre yow to Continow my Lord Ballantine in prisone. This is all that wee think fitt to order at present wee bidd yow heartily farewell Given at our Court at Kensingtoun the tuenty fourth day of November Jaj vjc and nyntie tuo years and of our reigne the fourth year By His Majesties Command Sic subscribitur J Johnstoun

At Edinburgh 29 November 1692

A1692/11/571

Letter: royal

Letter from the king that he has received the council’s two letters and concerning militia, oath of allegiance and assurance, persons gone to France, Highland justiciary, Naval Payne and others, prisoners, ministers not praying, a commissary general, stores and magazines, Captain of Clanranald, muster of public establishment or different way, and Lord Bellenden

The letter underwritten from the king’s majesty to the council being read, was ordered to be recorded, whereof the tenor follows:
Sic Suprascribitur William Rex
Right trusty and right well beloved cousin and councillor, right trusty and entirely beloved cousins and councillors, right trusty and right well beloved cousins and councillors, right trusty and well beloved cousins and councillors, right trusty and well beloved councillors, And trusty and well beloved councillors, wee greet yow well. We received your congratulatory letter upon our safe arrival, and ordered our thanks to be sent to you for the expressions which you gave us in it, of your duty and affection to our person and government. We received in Flanders your letter of 12 August, but delayed answering it till now that we have matters more fully before us. We are satisfied that nothing can be done in the militia that will prove effectual without an act of parliament, and as to the scheme of five thousand modelled men, we cannot think that it is practicable without more money then can be spared at present. And as to the oath of allegiance and the assurance (which still we order not to be separated), we think more effectual methods may be taken for bringing our subjects to comply with their duty in that matter, about which you may expect our further pleasure. In the meanwhile, since the nation is not in any present danger, we allow you to let those that are in prison upon that account out upon bail. You shall quickly have further orders about those that have gone to France since the declaration of war, and whom we hear now you have made to be denounced. We are convinced of the use and necessity of the Highland justiciary, and have ordered the commission for it to be revised and dispatched. As for the prisoners, it is our will that Naval Payne be sent to the castle of Stirling and there kept close prisoner, that [Kenneth Mackenzie] the earl of Seaforth, [Charles Fraser] the Lord Fraser, Mr Livingston, and those other officers that were concerned with him, be all brought to their trials when our advocate arrives. In the meanwhile, we require you to order our solicitor to use all diligence for securing of witnesses and preparing of evidence. As to the late archbishop of Glasgow, we have made signify our pleasure concerning him to the chancellor. As for ministers not praying as the law requires, we ordain that the laws in this matter, as well as in all others, be punctually executed. This is all we think necessary to order in answer to yours at this time. We think fit also to give you notice that we are resolved to put our army upon such a foot as that they shall have full pay, to appoint a commissary general for preventing all abuses and complaints about localities, and to have the best methods taken for satisfying the country and our army in their arrears. For all which we shall give the necessary orders to our treasury. As likewise for providing our stores and magazines with arms and what else shall be found necessary, we being also resolved to show all favour to those of our good subjects that behave themselves dutifully, and at the same time to make those that do otherwise examples of our justice, wee require you to execute the law in its full extent against [Allan MacDonald] the captain of Clanranald, and we have ordered our treasury to empower Colonel [John] Hill to suspend quartering upon those of the Highlanders that were lately in rebellion, provided they now behave themselves dutifully. And that for all public dues preceding the year 1691, there being assignments upon the dues of that year as to church matters, which we hear gives rise to heats amongst you, it is our pleasure that the present establishment (from which we have no design to recede) be maintained according to law. As to the ministers of a disaffected way, we require you to protect from all violence and prosecutions those of them that have applied and do not fall under the qualifications contained in the act of parliament. And for those that are not in possession, or have naught whereupon to subsist, we have given orders that the vacant stipends be brought in and parcelled out to them according to their necessities and behaviour. We require you to continue my Lord Bellenden in prison. This is all that we think fit to order at present. We bid you heartily farewell. Given at our court at Kensington 24 November 1692 and of our reign the fourth year. By his majesty’s command Sic subscribitur J Johnston.

1. PC1/48, 473-4.

2. The word ‘the’ **scored out here.**

1. PC1/48, 473-4.

Act, 29 November 1692, Edinburgh

Att Edinburgh the Tuenty Nynth day of November Jaj vjc and nyntie tuo years

A1692/11/561

Act

Liberation Mr Thomas Dobie

The Lords of there majesties privie Councill doe hereby Give order and warrand to the magistrats of Edinburgh and Keeper of there tolbooth to sett at Liberty Mr Thomas Dobie Late precentor at Dalkeith Furth of the said tolbooth where he is now prisoner

At Edinburgh 29 November 1692

A1692/11/561

Act

Liberation Mr Thomas Dobie

The lords of their majesties’ privy council do hereby give order and warrant to the magistrates of Edinburgh and keeper of their tolbooth to set at liberty Mr Thomas Dobie, late precentor at Dalkeith, forth of the said tolbooth where he is now prisoner.

1. PC1/48, 473.

1. PC1/48, 473.

Act, 29 November 1692, Edinburgh

Att Edinburgh the Tuenty Nynth day of November Jaj vjc and nyntie tuo years

A1692/11/551

Act

Liberatione Sir John Ramsay

Anent the petitione Given in to the Lords of there majesties privie Councill be Sir John Ramsay of Whythill Shewing That whereas the petitioner being in prisone within the tolbooth of Mussleburgh now for the space of three moneths and more And haveing Laboured under a great flux these ten or tuelve dayes by past And that he is verie much tortured with the goutt The cause of which the phisicians Judge to proceed from the cold and badd air he hes suffered by his Long Imprisonement there being no fyre roume in the prisone that will vent and the want of that exercise of bodie he hath been accustomed to, so that unles he shall have his freedome to follow such a course of medicine as he hath been in use to doe And by which he hath found great advantage in the recoverie of his health and in the preservatione thereof He will in there Judgement Continow Still under his distempers and will probablie fall worse As appears by ane declaratione upon soull and Conscience under the hand of Doctor Chalmers and Gilbert Nisbet apothecarie produced with the said petitione And therefore Craveing to the effect underwitten As the said petitione bears The Saids Lords of there Majesties privie Councill haveing considered this petitione Given in to them be the above Sir John Ramsay Together with a Certificat mentioned therein and produced therewith They hereby Give order and warrand to the bailzies of Mussleburgh and Keeper of there tolbooth To sett the petitioner at Liberty furth of the same In respect he hes found sufficient Cautione acted in the books of privie Councill That he shall Live peaceably under And with all submissione to the present government under there majesties2 King William and Queen Mary And that he shall not act consult or contryve anything in prejudice thereof nor Converse or Correspond with any rebells And that he shall appear befor the saids Lords of there majesties privie Councill when called for under the penaltie of Ane Hundreth pound Sterling In case he shall transgress In any pairt of the premises.

At Edinburgh 29 November 1692

A1692/11/551

Act

Liberation Sir John Ramsay

Concerning the petition given in to the lords of their majesties’ privy council by Sir John Ramsay of Whitehill, showing that whereas the petitioner being in prison within the tolbooth of Musselburgh now for the space of three months and more, and having laboured under a great flux these ten or twelve days by past, and that he is very much tortured with the gout, the cause of which the physicians judge to proceed from the cold and bad air he has suffered by his long imprisonment, there being no fire room in the prison that will vent, and the want of that exercise of body he has been accustomed to, so that unless he shall have his freedom to follow such a course of medicine as he has been in use to do, and by which he has found great advantage in the recovery of his health and in the preservation thereof, he will in their judgement continue still under his distempers and will probably fall worse, as appears by an declaration upon soul and conscience under the hand of Doctor Chalmers and Gilbert Nisbet, apothecary, produced with the said petition. And therefore 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 Sir John Ramsay, together with a certificate mentioned therein and produced therewith, they hereby give order and warrant to the bailies of Musselburgh and keeper of their tolbooth to set the petitioner at liberty forth of the same, in respect he has found sufficient caution acted in the books of privy council that he shall live peaceably under 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 thereof, nor 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 £100 Sterling in case he shall transgress in any part of the premises.

1. PC1/48, 472.

2. The word ‘government’ **scored out here.**

1. PC1/48, 472.

Act, 29 November 1692, Edinburgh

Att Edinburgh the Tuenty Nynth day of November Jaj vjc and nyntie tuo years

A1692/11/541

Act

Liberation Bunton of Salmes

Anent the petitione Given into the Lords of there Majesties privie Councill be Hugh Buntoun of Salmes prisoner in the tolbooth of Canongate Shewing That where the petitioner hes now been detained prisoner in the said tolbooth for near the space of Fyve moneths for his not being readie when Conveened befor the Lordships to subscryb the oath of alleadgeance and assureance whereby the petitioner is now brought under great2 Sicknes and Infirmitie of bodie throw the badnes and want of Air And other Inconveniencies which attend his being in prisone as said is So that there is now ane absolute necessity for preservatione of himself That he be Let out to the free air And that he get the ordinarie means used by medicines for recoverie thereof As ane testificat under ane Doctors hand produced with the said petitione hes3 testified And sieing the petitioner hes ever hither to subjected himself to there Majesties present government and resolves so to doe for the future Therefore Humbly Craveing to the effect underwreitten As the said petitione bears The Saids Lords of there majesties privie Councill Haveing considered this petition Given into them be the above Hugh Buntone of Salmes with the testificat mentioned therein and produced therewith They hereby Give order and warrand to the magistrats of Edinburgh Bailzies of the Canongate and Keeper of there tolbooth To sett at Liberty the petitioner furth thereof In respect he hes found sufficient Cautione acted in the books of privie Councill That he shall Live peaceably under and with all submission to the present Government of there Majesties King William and Queen Mary And that he shall not act consult or Contryve any thing in prejudice thereof nor shall not converse with rebells And that he shall appear befor the saids Lords of privie Councill when Caleld for under the penalty of Fiftie pound sterling money In case he shall transgress in any pairt of the premises.

At Edinburgh 29 November 1692

A1692/11/541

Act

Liberation Bunton of Salmes

Concerning the petition given into the lords of their majesties’ privy council by Hugh Bunton of Salmes, prisoner in the tolbooth of Canongate, showing that where the petitioner has now been detained prisoner in the said tolbooth for near the space of five months for his not being ready when convened before their lordships to subscribe the oath of allegiance and assurance, whereby the petitioner is now brought under great sickness and infirmity of body through the badness and want of air, and other inconveniencies which attend his being in prison as said is, so that there is now an absolute necessity for preservation of himself that he be let out to the free air, and that he get the ordinary means used by medicines for recovery thereof, as a testificat under a doctor’s hand produced with the said petition has testified. And seeing the petitioner has ever hitherto subjected himself to their majesties’ present government, and resolves so to do for the future, 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 Hugh Bunton of Salmes, with the testificat mentioned therein and produced therewith, they hereby give order and warrant to the magistrates of Edinburgh, bailies of the Canongate, and keeper of there tolbooth, to sett at liberty the petitioner forth thereof, in respect he has found sufficient caution acted in the books of privy council that he shall live peaceably under and with all submission to the present government of their majesties King William and Queen Mary, and that he shall not act, consult, or contrive anything in prejudice thereof, nor shall converse with rebels, and that he shall appear before the said lords of privy council when called for under the penalty of £50 Sterling money in case he shall transgress in any part of the premises.

1. PC1/48, 471-2.

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

3. Written over another word.

1. PC1/48, 471-2.

Sederunt, 29 November 1692, Edinburgh

Att Edinburgh the Tuenty Nynth day of November Jaj vjc and nyntie tuo years1

A1692/11/532

Sederunt

Lord Chancellour; Earl of Drumlangrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Earl of Breadalbaine; Viscount Tarbatt; Viscount Stair; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Carmichaell; Lord Hattoun; Lord Fountainhall; Lord Enstruther; Mr Frances Montgomerie; Laird of Blackbarronie; Laird of Steivinstoun; Sir William Lockhart; Sir Patrick Murray

At Edinburgh 29 November 16921

A1692/11/532

Sederunt

[John Hay, earl of Tweeddale] lord chancellor; [James Douglas] earl of Drumlanrig; [George Livingston] earl of Linlithgow; [Robert Kerr] earl of Lothian; [Archibald Douglas] earl of Forfar; [John Campbell], earl of Breadalbane; [George Mackenzie], Viscount Tarbat; [James Dalrymple] Viscount Stair; [Alexander Melville] Lord Raith; [Henry Erskine], Lord Cardross; [John Hamilton] Lord Belhaven; [John] Lord Carmichael; [Sir John Lauder] Lord Hatton; [Sir John Lauder] Lord Fountainhall; [William] Lord Anstruther; Mr Francis Montgomery; [Sir Archibald Murray] laird of Blackbarony; [Sir Robert Sinclair] laird of Stevenson; Sir William Lockhart; Sir Patrick Murray

1. PC1/48, 471.

2. PC1/48, 471.

1. PC1/48, 471.

2. PC1/48, 471.