Tag Archives: 3 January 1693

Procedure: remission, 3 January 1693, Edinburgh

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Edinburgh The Thrid day of January Jaj vjc nyntie thrie years

D1693/1/41

Procedure: remission

[Cockburne of Langtoune Against Collonell Cuninghame]

The Lybell Cockburne of Langtoune Against Collonell Cuninghame Called, The pursuar Compeiring personally and the defender being absent the witnesses principall made faith, And Remitted to the Lord Cardross and Grant to examine the witnesses And Reserves Objectiones to be discussed before the Committie.

Edinburgh The Thrid day of January Jaj vjc nyntie thrie years

D1693/1/41

Procedure: remission

[Cockburne of Langtoune Against Collonell Cuninghame]

The Lybell Cockburne of Langtoune Against Collonell Cuninghame Called, The pursuar Compeiring personally and the defender being absent the witnesses principall made faith, And Remitted to the Lord Cardross and Grant to examine the witnesses And Reserves Objectiones to be discussed before the Committie.

1. NRS, PC2/24, 152v.

1. NRS, PC2/24, 152v.

Act, 3 January 1693, Edinburgh

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Edinburgh The Thrid day of January Jaj vjc nyntie thrie years

D1693/1/31

Act

Act and Remitt John Innes of Lewchers.

The Lords of their majesties privy Councill haveing Considered a petitione given in to them be John Innes of Leuchars and instructiones therof with the report of a Committie of their oun number to whom the consideratione therof was remitted They Find by the depositiones of the witnesses taken before the Laird of Grant that Major Pattons troop came to Leuchars grass the begining of sumar Jaj vjc nyntie one and continued their till they ware taken to hard meat And by these Depositiones and Leuchars oun oath taken in supplement that the said troop did Continue on Leuchars grass frae the nynth of June to the fiftein of September Jaj vjc nyntie one being Fourscore and twelue dayes, And that ther is still resting to Leuchars by the said troop Compting each horss at two shilling scots per day the soume of Thrie hundred and sixtie two punds scots money, And that besydes the soume of Twelve punds Sterling quherof six recewed by Leuchars himself and six by the Collecter of the cess upon his accompt which is allready. Deduced out of the pryce of the forsaid grass And Finds that ther is resting be Major Stewart to the said John Innes of Leuchars the soume of fiftie pund for fourtein dayes grass eaten by the majors troop Jully Jaj vjc nyntie and be James Weir of Kirkfeild the soume of Fourtie seven pund, for the Lord Beilhaven troop for the like Space,2 Conforme to3 two recepts produced under the said Major Stewart and James Weir their hands And Finds that the grouth of the said John Innes his lands being all grass less4 for the years Jaj vjc Eightie nyne, Jaj vjc nyntie Jaj vjc nyntie one been mostly eaten up by the forces, so that he has received non of the rent therof And Finds that his5 has6 sustained severall other prejudices and Considerable Damnadges by the saids forces, And the saids Lords of privy Councill Doe heirby Recomend to the Lords Commissioners of their Majesties thesaurie To cause payment be made to the said John Innes of the Soumes forsaid which the Councill has found resting be the above troops to the said John Innes And for that end Recomends to the saids Lords Commissioners of their majesties thesaurie To Cause defaulk those soumes by such proportiones as they shall think fitt out of the monethly subsistance of the said Troops as the samen shall become due And to Call for ane accompt of what the Cess of the said John Innes his lands amounts to for the years Jaj vjc Eightie nyne Jaj vjc nyntie and Jaj vjc nyntie one. And to cause Satisfie the samen as they shall think fitt.

Edinburgh The Thrid day of January Jaj vjc nyntie thrie years

D1693/1/31

Act

Act and Remitt John Innes of Lewchers.

The Lords of their majesties privy Councill haveing Considered a petitione given in to them be John Innes of Leuchars and instructiones therof with the report of a Committie of their oun number to whom the consideratione therof was remitted They Find by the depositiones of the witnesses taken before the Laird of Grant that Major Pattons troop came to Leuchars grass the begining of sumar Jaj vjc nyntie one and continued their till they ware taken to hard meat And by these Depositiones and Leuchars oun oath taken in supplement that the said troop did Continue on Leuchars grass frae the nynth of June to the fiftein of September Jaj vjc nyntie one being Fourscore and twelue dayes, And that ther is still resting to Leuchars by the said troop Compting each horss at two shilling scots per day the soume of Thrie hundred and sixtie two punds scots money, And that besydes the soume of Twelve punds Sterling quherof six recewed by Leuchars himself and six by the Collecter of the cess upon his accompt which is allready. Deduced out of the pryce of the forsaid grass And Finds that ther is resting be Major Stewart to the said John Innes of Leuchars the soume of fiftie pund for fourtein dayes grass eaten by the majors troop Jully Jaj vjc nyntie and be James Weir of Kirkfeild the soume of Fourtie seven pund, for the Lord Beilhaven troop for the like Space,2 Conforme to3 two recepts produced under the said Major Stewart and James Weir their hands And Finds that the grouth of the said John Innes his lands being all grass less4 for the years Jaj vjc Eightie nyne, Jaj vjc nyntie Jaj vjc nyntie one been mostly eaten up by the forces, so that he has received non of the rent therof And Finds that his5 has6 sustained severall other prejudices and Considerable Damnadges by the saids forces, And the saids Lords of privy Councill Doe heirby Recomend to the Lords Commissioners of their Majesties thesaurie To cause payment be made to the said John Innes of the Soumes forsaid which the Councill has found resting be the above troops to the said John Innes And for that end Recomends to the saids Lords Commissioners of their majesties thesaurie To Cause defaulk those soumes by such proportiones as they shall think fitt out of the monethly subsistance of the said Troops as the samen shall become due And to Call for ane accompt of what the Cess of the said John Innes his lands amounts to for the years Jaj vjc Eightie nyne Jaj vjc nyntie and Jaj vjc nyntie one. And to cause Satisfie the samen as they shall think fitt.

1. NRS, PC2/24, 152r-152v.

2. The words ‘And year the’ scored out here.

3. The words ‘Conforme to’ are an insertion.

4. Insertion.

5. The word ‘Loss’ scored out here.

6. Insertion.

1. NRS, PC2/24, 152r-152v.

2. The words ‘And year the’ scored out here.

3. The words ‘Conforme to’ are an insertion.

4. Insertion.

5. The word ‘Loss’ scored out here.

6. Insertion.

Petition, 3 January 1693, Edinburgh

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Edinburgh The Thrid day of January Jaj vjc nyntie thrie years

D1693/1/21

Petition

[Petition Dow and Mckony]

Petition Dow and Mckony Read and recommended to the Comittie formerly appoynted anent persones allege taken on to be Souldiers And adds the Laird of Grant to the Comittie And Ordaines letters to be direct at the instance of The Laird of2 Stroan3 and Mcpherson of Phonas for Charging Captaine Hew Mckay to produce the saids Dow and Mclony before the Committie within twentie four hours, And authorizes the Committie to give Order for the petitioners liberation if they shall see Cause.

Edinburgh The Thrid day of January Jaj vjc nyntie thrie years

D1693/1/21

Petition

[Petition Dow and Mckony]

Petition Dow and Mckony Read and recommended to the Comittie formerly appoynted anent persones allege taken on to be Souldiers And adds the Laird of Grant to the Comittie And Ordaines letters to be direct at the instance of The Laird of2 Stroan3 and Mcpherson of Phonas for Charging Captaine Hew Mckay to produce the saids Dow and Mclony before the Committie within twentie four hours, And authorizes the Committie to give Order for the petitioners liberation if they shall see Cause.

1. NRS, PC2/24, 152r.

2. Illegible word scored out here.

3. Insertion.

1. NRS, PC2/24, 152r.

2. Illegible word scored out here.

3. Insertion.

Sederunt, 3 January 1693, Edinburgh

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Edinburgh The Thrid day of January Jaj vjc nyntie thrie years1

D1693/1/12

Sederunt

Lord Chanclor; Earl of Melvill P: S:; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith; Lord Cardross; Lord Carmichell; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Enstruther; Laird of Grant; Laird of Blackbarony; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

Edinburgh The Thrid day of January Jaj vjc nyntie thrie years1

D1693/1/12

Sederunt

Lord Chanclor; Earl of Melvill P: S:; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith; Lord Cardross; Lord Carmichell; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Enstruther; Laird of Grant; Laird of Blackbarony; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 152r.

2. NRS, PC2/24, 152r.

1. NRS, PC2/24, 152r.

2. NRS, PC2/24, 152r.

Act, 3 January 1693, Edinburgh

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Att Edinburgh the Third day of Januarij Jaj vjc nyntie three years

A1693/1/41

Act

Act Mr Alexander Lundie

Anent the petitione given in to the Lords of there majesties privie Councill be Mr Alexander Lundie Late minister at Couper Shewing That where the petitioner haveing been cited befor the saids Lords to ansuer to a Complaint raised againest him at the Instance of there Majesties sollicitor for preaching and praying without qualifying himself in the termes of the act of parliament and when the petitioner did appear befor the saids Lords Haveing uttered some expressiones which gave offence to there Lordships They did thereupon order the petitioner to be carryed to the tolbooth of Edinburgh where he now remaines prisoner And sieing the forsaid expressiones did escape the petitioner without any designe of Giveing offence to there Lordships And that the petitioner is heartily sorie therefore And humbly beggs the saids Lords pardone for the same And that the petitioner hes a wyfe who at present is taken with a dangerous dissease which threattens her Lyfe And hes also a family of small children And hes not any mean of subsistance in this place where he is now prisoner And therefore Craveing that the saids Lords would be pleased to take the premises to there Consideratione And to ordaine the petitioner to be sett at Liberty As the said petitione bears The Saids Lords of there majesties privie Councill Haveing Considdered this petitione given in to them be the within Mr Alexander Lundie They hereby Give order and warrand to the magistrates of Edinburgh and Keeper of there tolbooth to set the petitioner at Liberty And the saids Lords discharges the said Mr Alexander Lundie at any tyme hereafter to preach or exercise any pairt of his ministeriall functione aither in Churches meeting houses or any other places whatsomever untill he qualifie himself in the termes of the act of parliament with Certificatione If he faill in giveing punctuall obedience hereto The paines and punishments contained in the Lawes and acts of parliament shall be Inflicted againest him without favour or farder delay.

At Edinburgh, 3 January 1693

A1693/1/41

Act

Act for Mr Alexander Lundie

Concerning the petition given in to the lords of their majesties’ privy council by Mr Alexander Lundie, former minister at Cupar, showing that where the petitioner having been cited before the said lords to answer to a complaint raised against him at the instance of their majesties’ solicitor for preaching and praying without qualifying himself in the terms of the act of parliament, and when the petitioner appeared before the said lords, having uttered some expressions which gave offence to their lordships, they thereupon ordered the petitioner to be carried to the tolbooth of Edinburgh where he now remains a prisoner, and seeing the foresaid expressions were made by the petitioner without any design of giving offence to their lordships and that the petitioner is heartily sorry therefor and humbly begs the said lords’ pardon for the same, and that the petitioner has a wife who at present is taken with a dangerous disease which threatens her life, and has also a family of small children and has not any means of subsistence in this place where he is now prisoner, and therefore craving that the said lords would be pleased to take the premises to their consideration and order the petitioner to be set at liberty as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the said Mr Alexander Lundie, they hereby give order and warrant to the magistrates of Edinburgh and keeper of their tolbooth to set the petitioner at liberty, and the said lords discharge the said Mr Alexander Lundie at any time hereafter to preach or exercise any part of his ministerial function in churches, meeting houses or any other places whatsoever until he qualifies himself in the terms of the act of parliament, with certification that, if he fails in giving punctual obedience hereto, the pains and punishments contained in the laws and acts of parliament shall be inflicted against him without favour or further delay.

1. PC1/48, 539-40.

1. PC1/48, 539-40.

Procedure: committee, 3 January 1693, Edinburgh

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Att Edinburgh the Third day of Januarij Jaj vjc nyntie three years

A1693/1/31

Procedure: committee

Additionall Comittee for putting the Countrey in a posture of defence

The Councill Recomends to the Comittee formerly appointed for Considdering how the Countrey may be put in a posture of defence aither by calling out the militia in haill or in pairt or any other Legall way to meet the morrow in the afternoon and proceed where the Comittee Last Left at And hereby adds the Lord Carmichaell Lord Advocat and Lord Justice Clerk to the said Comittee And declares any fyve of them to be a quorum.

At Edinburgh, 3 January 1693

A1693/1/31

Procedure: committee

Additional committee for putting the country in a posture of defence

The council recommends to the committee formerly appointed for considering how the country may be put in a posture of defence, either by calling out the militia in whole or in part or any other legal way, to meet tomorrow in the afternoon and proceed where the committee last left, and hereby adds the Lord Carmichael, the lord advocate and the lord justice clerk to the said committee, and they declare any five of them to be a quorum.

1. PC1/48, 539.

1. PC1/48, 539.

Act, 3 January 1693, Edinburgh

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Att Edinburgh the Third day of Januarij Jaj vjc nyntie three years

A1693/1/21

Act

Act and Remitt anent a vessell and passengers come in to Eymouth

The Lord High Chancellour acquanted the Councill that a vessell is seized at Eymouth which wes designeing for the Bass But driven in there by stress of weather And that there wes in that vessell one scotts man and three englishmen And that the scotts man did escape the same night after they came ashoar and the English men next day therefter And that the Bailzie of Eymouth is brought prisoner to the Canongate And that tuo other persones are appoynted to attend the Councill who are suspected to have hade hand In bringing the forsaid vessell to the Bass The Councill appoynted […] Kellie bailzie of Eymouth to be brought up and being brought up Comitted him to the tolbooth of Edinburgh And recomended to the Lord Justice Clerk and Sir John Maxwell of Pollock to examine the Bailizie and the other tuo persones viz Michaell Cockburne [….] and Ninian Broun in Coldstream and report to the Councill.

At Edinburgh, 3 January 1693

A1693/1/21

Act

Act and remit concerning a vessel and passengers come in to Eyemouth

The lord high chancellor acquainted the council that a vessel is seized at Eyemouth which was heading for the Bass but driven in there by stress of weather, and that there were in that vessel one Scotsman and three Englishmen, and that the Scotsman escaped the same night after they came ashore and the English men on the next day, and that the bailie of Eyemouth is brought prisoner to the Canongate and that two other persons are appointed to attend the council who are suspected to have had a hand in bringing the foresaid vessel to the Bass. The councill appointed […] Kellie bailie of Eyemouth to be brought up and, being brought up, committed him to the tolbooth of Edinburgh and they recommended to the lord justice clerk and Sir John Maxwell of Pollock to examine the bailie and the other two persons, viz Michael Cockburn [….] and Ninian Brown in Coldstream and report to the council.

1. PC1/48, 539.

1. PC1/48, 539.

Sederunt, 3 January 1693, Edinburgh

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Att Edinburgh the Third day of Januarij Jaj vjc nyntie three years1

A1693/1/12

Sederunt

Lord Chancellour; Earl of Melvill Lord privy seall; Earl of Louthian; Earl of Leven; Earl of Forfar; Earl of Breadalbaine; Viscount Tarbatt; Lord Raith; Lord Cardross; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Hattoune; Lord Enstruther; Laird of Grant; Laird of Blackbarrony; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

At Edinburgh, 3 January 16931

A1693/1/12

Sederunt

[John Hay, earl of Tweeddale] lord chancellor; [George Melville], earl of Melville, lord privy seal; [Robert Kerr], earl of Lothian; [David Leslie], earl of Leven; [Archibald Douglas], earl of Forfar; [John Campbell], earl of Breadalbane; [George MacKenzie], Viscont Tarbat; [Alexander Melville], Lord Raith; [Henry Erskine], Lord Cardross; [John], Lord Carmichaell; [Sir James Stewart of Goodtrees], lord advocate; [Sir Adam Cockburn of Ormiston], lord justice clerk; [Sir John Lauder], Lord Hatton; [Sir William Anstruther], Lord Anstruther; [Ludovic Grant], laird of grant; [Sir Archibald Murray], laird of Blackbarony; [Sir John Maxwell], laird of Pollok; Sir William Lockhart; Sir Patrick Murray

1. PC1/48, 538.

2. PC1/48, 538.

1. PC1/48, 538.

2. PC1/48, 538.