Tag Archives: 3 April 1694

Act, 3 April 1694, Edinburgh

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Edinburgh the thrid Aprill Jaj vjc nyntie four years

D1694/4/21

Act

Act Troyalous Baillie

Anent a Petition given in to the Lords of their Majesties privy Councill be Troyalous Baillie serjand to Collonell Hamilton his Company Shewing That quher the saids Lords by their act and order of the date the thretein of Aprill Jaj vjc nyntie thrie years and renewed the twentie Eight of February last by post by the saids Lords other act did promise a reward of twentie punds Sterling to any person who should seize upon and Deliver to any of their majesties officers either Civill or military the persone of any of the rebels in the bass named in the said act; amongst whom William Glaidstones (therin named John Glaidstones) being one and the petitioner haveing apprehended him in the Cannogate upon Saturday last and delivered him to the Guard in the Cannogate and who is now prisoner in the Tolbooth therof and who hath confessed the Cryme, The petitioner in all humulitie expects from the saids Lords Justice and the publict faith interposed in the saids two acts ane Recomendation to the Lords of the thesaurie appointing the said twentie punds Sterling to be payed to the petitioner for seazeing the persones of the said William Glaidstones according as the like has been done to severall persones who apprehended others of the rebells mentioned in the said first act And Therfore humbly suplicating the saids Lords to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Troyalous Baillie they heirby Recomend to the Lords Commissioners of their majesties thesaurie to Cause payment be made to the petitioner of the above Twentie punds sterling as a reward for seasing the persone of the above William Glaidstones Conforme to the orders and proclamationes of Councill for that effect and the former practique in the like case.

Edinburgh the thrid Aprill Jaj vjc nyntie four years

D1694/4/21

Act

Act Troyalous Baillie

Anent a Petition given in to the Lords of their Majesties privy Councill be Troyalous Baillie serjand to Collonell Hamilton his Company Shewing That quher the saids Lords by their act and order of the date the thretein of Aprill Jaj vjc nyntie thrie years and renewed the twentie Eight of February last by post by the saids Lords other act did promise a reward of twentie punds Sterling to any person who should seize upon and Deliver to any of their majesties officers either Civill or military the persone of any of the rebels in the bass named in the said act; amongst whom William Glaidstones (therin named John Glaidstones) being one and the petitioner haveing apprehended him in the Cannogate upon Saturday last and delivered him to the Guard in the Cannogate and who is now prisoner in the Tolbooth therof and who hath confessed the Cryme, The petitioner in all humulitie expects from the saids Lords Justice and the publict faith interposed in the saids two acts ane Recomendation to the Lords of the thesaurie appointing the said twentie punds Sterling to be payed to the petitioner for seazeing the persones of the said William Glaidstones according as the like has been done to severall persones who apprehended others of the rebells mentioned in the said first act And Therfore humbly suplicating the saids Lords to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Troyalous Baillie they heirby Recomend to the Lords Commissioners of their majesties thesaurie to Cause payment be made to the petitioner of the above Twentie punds sterling as a reward for seasing the persone of the above William Glaidstones Conforme to the orders and proclamationes of Councill for that effect and the former practique in the like case.

1. NRS, PC2/24, 383r-383v.

1. NRS, PC2/24, 383r-383v.

Sederunt, 3 April 1694, Edinburgh

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Edinburgh the thrid Aprill Jaj vjc nyntie four years1

D1694/4/12

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Annandale; Earl of Forfar; Viscount Tarbat; Lord Strathnaver; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Mr Fra: Mongomrie; Laird of Grant; Laird of Stivensone

Edinburgh the thrid Aprill Jaj vjc nyntie four years1

D1694/4/12

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Annandale; Earl of Forfar; Viscount Tarbat; Lord Strathnaver; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Mr Fra: Mongomrie; Laird of Grant; Laird of Stivensone

1. NRS, PC2/24, 383r.

2. NRS, PC2/24, 383r.

1. NRS, PC2/24, 383r.

2. NRS, PC2/24, 383r.

Warrant, 3 April 1694, Edinburgh

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Att Edinburgh the third day of Apryle Jaj vic nyntie four years

A1694/4/51

Warrant

Warrand for registrating Alexander Taits bond

The Lords of their Majesties privie Councill Doe heirby ordaine their Clerks to Cause registrat the bond granted by Alexander Tait skipper in Leith as principall and Mr John Buchannan wryter in Edinburgh as Cautioner For his peacable behaviour and appearance when called for dated at Edinburgh the sixteenth day of November Jaj vic nyntie tuo years and raise horning theron And appointes their Majesties Sollicitor to Cause execute the same both against principall and Cautioner In respect they are Informed that the said Alexander hes Lately been in France since the Act of parliament Declaring it treasone to goe to that Kingdome

Att Edinburgh the third day of Apryle Jaj vic nyntie four years

A1694/4/51

Warrant

Warrand for registrating Alexander Taits bond

The Lords of their Majesties privie Councill Doe heirby ordaine their Clerks to Cause registrat the bond granted by Alexander Tait skipper in Leith as principall and Mr John Buchannan wryter in Edinburgh as Cautioner For his peacable behaviour and appearance when called for dated at Edinburgh the sixteenth day of November Jaj vic nyntie tuo years and raise horning theron And appointes their Majesties Sollicitor to Cause execute the same both against principall and Cautioner In respect they are Informed that the said Alexander hes Lately been in France since the Act of parliament Declaring it treasone to goe to that Kingdome

1. NRS, PC1/49, 326.

1. NRS, PC1/49, 326.

Letter: royal, 3 April 1694, Edinburgh

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Att Edinburgh the third day of Apryle Jaj vic nyntie four years

A1694/4/41

Letter: royal

Letter from the King In favoures of The Lord Justice Clerk.

The Follouing Letter from his Majestie In favours of the Lord Justice Clerk to the Councill was appointed to be recorded in the books of privie Councill And Lykewayes in the books of adjurnall of the Justice Court and to be returned to the Clerks of Councill and to Ly in their hands Folloues the tenor of the Letter
Suprascribitur William Rex
Right trustie and right well beloved Cousin and Councelor Right trustie and entirely Beloved Cousins and Councelors Right trustie and welbeloved Cousins and Councelors Right trustie and welbeloved Councelors And trustie and uell beloved Councelors Uee Greet yow well Having appointed Adam Cockburne of Ormstoune to be our Justice Clerk we understand That it was aluayes the right and privilege of the Justice Clerk to have the naming and appointing of deputs one or more And of all Clerks to Justice Courts and Commissions of Justiciary untill That of Late The Innovation was made in favour of the deceast Mr Thomas Gordon Clerk to the Justice Court In prejudice of the right of the said office And we being willing to Confeir a mark of our favour upon our present Justice Clerk By restoring the place to all its privileges and Rights in his persone Therfore we have thought good to signifie this our pleasure to yow willing heirby the said Adam Cockburn our Justice Clerk to have the pouer of naming and appointing deputs one or more And of all Clerks aither of Justice Courts or Commissions of Justiciary As also to Enjoy the whole other honours dignities privileges Immunities pensions Fees Casualities and others whatsoever belonging to the said office as fullie and amply as the same were Enjoyed by Sir John Home of Rentoune or any other of his predecessors And that as effectuallie during our pleasure allenarly as if this our uill had been expressly sett doun in his gift and patent And that notwithstanding of any Gift we have Granted to the present Clerk of the said Court or any others which Gift we heirby Revocke And further we allow the Clerk of Justiciary to be appointed by our said Justice Clerk The pension of one Hundred pounds sterling yearly already bestoued by us on that place And we ordaine these presents to be recorded in your books and Lykeuayes in the books of the Justice Court for a full securitie to our said Justice Clerk theranent And so we bidd yow heartily farewell Given att our Court at Kensingtoune the 28 day of February 1693/4 and of our reigne the 5th year By his Majesties Command sic subscribitur J Johnstoun

Att Edinburgh the third day of Apryle Jaj vic nyntie four years

A1694/4/41

Letter: royal

Letter from the King In favoures of The Lord Justice Clerk.

The Follouing Letter from his Majestie In favours of the Lord Justice Clerk to the Councill was appointed to be recorded in the books of privie Councill And Lykewayes in the books of adjurnall of the Justice Court and to be returned to the Clerks of Councill and to Ly in their hands Folloues the tenor of the Letter
Suprascribitur William Rex
Right trustie and right well beloved Cousin and Councelor Right trustie and entirely Beloved Cousins and Councelors Right trustie and welbeloved Cousins and Councelors Right trustie and welbeloved Councelors And trustie and uell beloved Councelors Uee Greet yow well Having appointed Adam Cockburne of Ormstoune to be our Justice Clerk we understand That it was aluayes the right and privilege of the Justice Clerk to have the naming and appointing of deputs one or more And of all Clerks to Justice Courts and Commissions of Justiciary untill That of Late The Innovation was made in favour of the deceast Mr Thomas Gordon Clerk to the Justice Court In prejudice of the right of the said office And we being willing to Confeir a mark of our favour upon our present Justice Clerk By restoring the place to all its privileges and Rights in his persone Therfore we have thought good to signifie this our pleasure to yow willing heirby the said Adam Cockburn our Justice Clerk to have the pouer of naming and appointing deputs one or more And of all Clerks aither of Justice Courts or Commissions of Justiciary As also to Enjoy the whole other honours dignities privileges Immunities pensions Fees Casualities and others whatsoever belonging to the said office as fullie and amply as the same were Enjoyed by Sir John Home of Rentoune or any other of his predecessors And that as effectuallie during our pleasure allenarly as if this our uill had been expressly sett doun in his gift and patent And that notwithstanding of any Gift we have Granted to the present Clerk of the said Court or any others which Gift we heirby Revocke And further we allow the Clerk of Justiciary to be appointed by our said Justice Clerk The pension of one Hundred pounds sterling yearly already bestoued by us on that place And we ordaine these presents to be recorded in your books and Lykeuayes in the books of the Justice Court for a full securitie to our said Justice Clerk theranent And so we bidd yow heartily farewell Given att our Court at Kensingtoune the 28 day of February 1693/4 and of our reigne the 5th year By his Majesties Command sic subscribitur J Johnstoun

1. NRS, PC1/49, 325-6.

1. NRS, PC1/49, 325-6.

Decreet, 3 April 1694, Edinburgh

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Att Edinburgh the third day of Apryle Jaj vic nyntie four years

A1694/4/31

Decreet

Decreit His Majesties Advocat Against Mcclauchlane

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of their Majesties privie Councill at the instance of Sir James Steuart their Majesties Advocat for their highnes Intrest in the matter underwryten Mentioning That wher the fortifieing and favouring of their Majesties Enemies and the Enemies of the Kingdome and Government and the weakning of the government and Instigating and persuading the souldiers Levyed for mantaining therof and protecting of their Majesties subjects to desert and Leave their post and charge are high Crymes and severely punisheable yet true It is That John2 McClauchlane schoolmaster at Glasgow, now prisoner in the tolbooth of the Cannongate Being a persone altogither disaffected to their Majesties government so farr as it was possible thir three or four years past hes made it his bussiness to weaken the government And to Instigat and persuade severall souldiers of their Majesties forces to run away and desert their Majesties service And that they might doe it more securely Did forge and Frame passes for them as if the samen had been subscribed by their superior officers And particularly in the month of January Last He did Instigat and persuade John Fergusone and John McLeod souldiers in Captaine Andersons Company In the Lord Strathnavers regiment then Lying at Glasgow to run away and deserte And used all the arguments he Could uith them for that effect telling them that they were but Beasts and fools for serving his Majestie King William For that he was sure The Late King James would be soon here againe And he offered to forge and forme a pass as from Captain Suintoune who at that tyme Commanded the said regiment which would Carry them safe away And that he had given passes of the Lyke nature to severalls of the regiment formerly in garrisone at Glasgow And offered to Goe uith them to a Gentleuomans house uithout the steeple green port who was a Cousing of his who uould secure them and receave their Cloaths and furnish them uith others to make their escape And told them that they were going to Flanders and uould be felled ther And so it was best for them to deserte And that he uould hyde their fyrelocks under ground and uould give them other Coatts and money uith a pass which uould Carry them safe away as he had done formerly to others And accordingly upon the said Mr John Mcclauchlans persuasion The saids John Fergusone and John McLeod John Steuart […] Mcculloch and severall other souldiers did break their military oath and did run away and desert their Colours off the which Crymes abovespecified The said John Mcclauchlane is actor airt and pairt And therfore ought to be severely and examplarly punished in his persone and goods to terrifie others to Committ the Lyke in tyme And anent the charge given to the said Defender to have Compeared personallie this day before the saids Lords of their Majesties privie Councill To have ansuered to the grounds of the abovewryten Complaint and to have heard and seen such order and Course taken theranent as appertained under the paine of rebellion and putting him to the horne with Certification etc As in the principall Lybell or Letters of Complaint and executiones therof at more Length is Contained The said Lybell Being this day Called in presence of the saids Lords of their Majesties privie Councill And their Majesties Advocat Compearing personallie and the defender who is prisoner being brought from prisone Compearing also personallie at the barr The saids Lords Having heard the Lybell uith ansuers therto They Fand the Lybell relevant and admitted the same to probatione And the uitnesses being present and having made faith at the barr They appointed the uitnesses to be receaved notuithstanding of this objection made by the Defender against him viz That one of them by witnessing against the Defender would free himself from being a deserter And appointed a Committie for examining the uitnesses who Having Instantly mett and examined them accordingly The saids Lords of privie Councill Having Considered the Lybell and ansuers forsaids with the depositiones of the witnesses taken theranent They Find the Lybell sufficiently proven And therfore ordaines the said defendar to be whipped through the high street of Edinburgh from the weigh house to the netherbow by the hand of the hangman and appoints the magistrats of Edinburgh to take care that this part of the sentence be putt to executione according to the accustomed manner upon the morrow being wedensday the fourth of Apryle instant betuixt Eleven and tuelve hours in the fornoon And the saids Lords Have banished and heirby Banishes the said defender to their Majesties plantations in America never to returne uithin their Majesties dominions uithout their Majesties or the Councills warrand And appoints the saids Magistrats of Edinburgh to Cause putt the defender on board the first ship going to the saids plantationes And In the mean tyme ordaines the said John Mcclauchlane defender to be Carryed prisoner from the barr to the tolbooth of Edinburgh And ordaines him to remaine prisoner there untill he be shipped for the saids plantationes excepting such tyme as he shall be taken furth on the morrow In order to receave his punishment of whipping as above appointed

Att Edinburgh the third day of Apryle Jaj vic nyntie four years

A1694/4/31

Decreet

Decreit His Majesties Advocat Against Mcclauchlane

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of their Majesties privie Councill at the instance of Sir James Steuart their Majesties Advocat for their highnes Intrest in the matter underwryten Mentioning That wher the fortifieing and favouring of their Majesties Enemies and the Enemies of the Kingdome and Government and the weakning of the government and Instigating and persuading the souldiers Levyed for mantaining therof and protecting of their Majesties subjects to desert and Leave their post and charge are high Crymes and severely punisheable yet true It is That John2 McClauchlane schoolmaster at Glasgow, now prisoner in the tolbooth of the Cannongate Being a persone altogither disaffected to their Majesties government so farr as it was possible thir three or four years past hes made it his bussiness to weaken the government And to Instigat and persuade severall souldiers of their Majesties forces to run away and desert their Majesties service And that they might doe it more securely Did forge and Frame passes for them as if the samen had been subscribed by their superior officers And particularly in the month of January Last He did Instigat and persuade John Fergusone and John McLeod souldiers in Captaine Andersons Company In the Lord Strathnavers regiment then Lying at Glasgow to run away and deserte And used all the arguments he Could uith them for that effect telling them that they were but Beasts and fools for serving his Majestie King William For that he was sure The Late King James would be soon here againe And he offered to forge and forme a pass as from Captain Suintoune who at that tyme Commanded the said regiment which would Carry them safe away And that he had given passes of the Lyke nature to severalls of the regiment formerly in garrisone at Glasgow And offered to Goe uith them to a Gentleuomans house uithout the steeple green port who was a Cousing of his who uould secure them and receave their Cloaths and furnish them uith others to make their escape And told them that they were going to Flanders and uould be felled ther And so it was best for them to deserte And that he uould hyde their fyrelocks under ground and uould give them other Coatts and money uith a pass which uould Carry them safe away as he had done formerly to others And accordingly upon the said Mr John Mcclauchlans persuasion The saids John Fergusone and John McLeod John Steuart […] Mcculloch and severall other souldiers did break their military oath and did run away and desert their Colours off the which Crymes abovespecified The said John Mcclauchlane is actor airt and pairt And therfore ought to be severely and examplarly punished in his persone and goods to terrifie others to Committ the Lyke in tyme And anent the charge given to the said Defender to have Compeared personallie this day before the saids Lords of their Majesties privie Councill To have ansuered to the grounds of the abovewryten Complaint and to have heard and seen such order and Course taken theranent as appertained under the paine of rebellion and putting him to the horne with Certification etc As in the principall Lybell or Letters of Complaint and executiones therof at more Length is Contained The said Lybell Being this day Called in presence of the saids Lords of their Majesties privie Councill And their Majesties Advocat Compearing personallie and the defender who is prisoner being brought from prisone Compearing also personallie at the barr The saids Lords Having heard the Lybell uith ansuers therto They Fand the Lybell relevant and admitted the same to probatione And the uitnesses being present and having made faith at the barr They appointed the uitnesses to be receaved notuithstanding of this objection made by the Defender against him viz That one of them by witnessing against the Defender would free himself from being a deserter And appointed a Committie for examining the uitnesses who Having Instantly mett and examined them accordingly The saids Lords of privie Councill Having Considered the Lybell and ansuers forsaids with the depositiones of the witnesses taken theranent They Find the Lybell sufficiently proven And therfore ordaines the said defendar to be whipped through the high street of Edinburgh from the weigh house to the netherbow by the hand of the hangman and appoints the magistrats of Edinburgh to take care that this part of the sentence be putt to executione according to the accustomed manner upon the morrow being wedensday the fourth of Apryle instant betuixt Eleven and tuelve hours in the fornoon And the saids Lords Have banished and heirby Banishes the said defender to their Majesties plantations in America never to returne uithin their Majesties dominions uithout their Majesties or the Councills warrand And appoints the saids Magistrats of Edinburgh to Cause putt the defender on board the first ship going to the saids plantationes And In the mean tyme ordaines the said John Mcclauchlane defender to be Carryed prisoner from the barr to the tolbooth of Edinburgh And ordaines him to remaine prisoner there untill he be shipped for the saids plantationes excepting such tyme as he shall be taken furth on the morrow In order to receave his punishment of whipping as above appointed

1. NRS, PC1/49, 323-5.

2. The word ‘McClauchlane’ scored out here.

1. NRS, PC1/49, 323-5.

2. The word ‘McClauchlane’ scored out here.

Act, 3 April 1694, Edinburgh

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Att Edinburgh the third day of Apryle Jaj vic nyntie four years

A1694/4/21

Act

Repryve Witham, Midletoun, Nicolson and McLeish

The Lords of their Majesties privie Councill Having Considered the petitiones given in to them by William Witham James Midletoune William Nicolson and Alexander McLeish all under sentence of Death for high treasone and particularly For Corresponding with the rebells in the Bass Representing their severall caises in favourable termes And Craving their caises may be represented to the Kings Majestie They doe heirby Repryve the haill four forenamed persons from the sentences of death pronunced against them untill Thursday the third day of May nixt Inclusive And discharges the putting of the said sentences to executione untill the said day be elapsed And ordaines the Magistrats of Edinburgh to see the saids sentences putt to executione against the haill four persons upon the fourth day of the said month of May nixt precisely sic subscribitur Tueedale cancel: Southerland Cassills Linlithgow Tarbat Beilhaven John Lauder Robert Sinclair T: Livingstoune

Att Edinburgh the third day of Apryle Jaj vic nyntie four years

A1694/4/21

Act

Repryve Witham, Midletoun, Nicolson and McLeish

The Lords of their Majesties privie Councill Having Considered the petitiones given in to them by William Witham James Midletoune William Nicolson and Alexander McLeish all under sentence of Death for high treasone and particularly For Corresponding with the rebells in the Bass Representing their severall caises in favourable termes And Craving their caises may be represented to the Kings Majestie They doe heirby Repryve the haill four forenamed persons from the sentences of death pronunced against them untill Thursday the third day of May nixt Inclusive And discharges the putting of the said sentences to executione untill the said day be elapsed And ordaines the Magistrats of Edinburgh to see the saids sentences putt to executione against the haill four persons upon the fourth day of the said month of May nixt precisely sic subscribitur Tueedale cancel: Southerland Cassills Linlithgow Tarbat Beilhaven John Lauder Robert Sinclair T: Livingstoune

1. NRS, PC1/49, 322.

1. NRS, PC1/49, 322.

Sederunt, 3 April 1694, Edinburgh

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Att Edinburgh the third day of Apryle Jaj vic nyntie four years1

A1694/4/12

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Annandale; Earl of Forfar; Viscount Tarbat; Lord Strathnaver; Lord Ross; Lord Beilhaven; Lord Poluarth; Lord Advocat; Lord Justice Clerk; Lord Funtainhall; Mr Fra: Montgomery; Laird of Grant; Laird of Stevenson; Sir Thomas Livingstoun

Att Edinburgh the third day of Apryle Jaj vic nyntie four years1

A1694/4/12

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Annandale; Earl of Forfar; Viscount Tarbat; Lord Strathnaver; Lord Ross; Lord Beilhaven; Lord Poluarth; Lord Advocat; Lord Justice Clerk; Lord Funtainhall; Mr Fra: Montgomery; Laird of Grant; Laird of Stevenson; Sir Thomas Livingstoun

1. NRS, PC1/49, 322.

2. NRS, PC1/49, 322.

1. NRS, PC1/49, 322.

2. NRS, PC1/49, 322.