Tag Archives: 31 January 1693 (pm)

Procedure: committee formed, 31 January 1693 (pm), Edinburgh

Posted on by

Edinburgh the Threttie one day of January Jaj vjc nyntie thrie years. Post meridiem

D1693/1/511

Procedure: committee formed

Comittie anent the Hearth money.

Anent a Petition given in to the Lords of their majesties privy Councill be James Melvill of Cassingray Collector of the hearth money Shewing That quher the petitioner by his petitione the Eleventh day of February Jaj vjc nyntie two years Represented to the said Lords That haveing according to his Comissione appointed SubCollectors and done what was posible for him to doe for inbringing of the hearth money Bot the methods for Collecting being Remitted by the parliament to the saids Lords He did Humbly Suplicat for the saids Lords Directione therin both as to the forme of Surveying methods of Compting and what sallerie to allow to the SubCollectors, And the saids Lords haveing only returned then their pleasure for actuall Survey by the Sub Collectors the former proclamationes of Councill haveing appointed heritors and possessors to give in Subscryved lists of their hearths in maner therin prescryved And the Sub Collectors alledging great pains taken be them in obedience to the former proclamationes were unwilling to undergoe the other Espealeie no determined Salleries being appointed for so great travell neither any method for Compting being prescryved nor directione what dilligences shall be taken off the subCollectors hands He made applicatione againe, And the Lords by their proclamatione of the twelth of August last Jaj vjc nyntie two appointed certaine Commissioners every shyre to receive from the sub Collectors the lists of hearths within the respective bounds as they hade been Collected and taken up by them, And to choise Some persones (whither formerly Imployed or not) with order he Survey the wholl hearths etc within the severall shyres and tounes and upon oath to make ane exact list of them upon occular inspection And to have in the lists therof to the said Commissioners to transmitt to the Clerks of Councill allowing them the twentie pence of what hearth Money were formerly concealled and found out by this new survey which is proven altogither in effectuall In Respect that altho the sub Collectors hade attended (according to the saids Lords order) upon the said Commissioners yet ther is nothing done by any of the Commissioners nor is possible to gett any Surveyers for such a Sellarie Since it may hapen ther may not be a discovery of a hundreth concealled hearths in the longest Shyres of Scotland And no man will be at paines and expences of surveying the wholl shyre for the haill Discoverd hearths much less the twentieth pence of them, The petitioner humbly Layes all these things before the saids lords intreating their direction what methods shall be taken in all these things and that the petitioners accompts may be taken of his hands since the SubCollectors and their Commissioners might hapen to dye or break (as some hade done allready) And So bring the petitioner to very great inconveniencies And Therfore Humbly Craveing the saids Lords would give their directiones as to the sub Collectors Salleries, The methods of compting and what dilligences shall be taken off the subCollecters hands and to take a Speedie Course for clossing the petitioners accompts as the petition bears The Lords of his majesties privy Councill haveing Considered this Petitione given in to them be the above James Melvill of Cassingray read in their presence Craveing their Lordships directione anent the sub Collectors of the hearth money ther sellaries the methods of compting and what diligence shall be taken off the subCollectors hands, And to take Speedie Course for clossing the petitioners accompts, The Saids Lords heirby Nominats the Lord Duke of Hamilton President of Councill, The Earles of Linlithgow and, Brodalbine, The Viscount of Tarbat Lord Raith Thesaurer depute, The Lord Beilhaven, Lord Justice Clerk and the Laird of Grant to be Comittie And Declairs any four of them to be a quorum To Consider the former proclamationes of Councill already emitted anent the hearth money, And to fall upon such farder methods and means as may be most proper for makeing a full discovery of the haill hearths within this kingdome And for the speedie and effectuall inbringing of the hearth money from all the places of the same, And Recommends to the said Comittie to meet the morrow at ten in the forenoon And Report to the Councill at their nixt meetting And Recomends to the said Comittie to Consider what speedie Courss might be taken for 2 Clearing and Clossing of Cassingrayes accompts.

Edinburgh the Threttie one day of January Jaj vjc nyntie thrie years. Post meridiem

D1693/1/511

Procedure: committee formed

Comittie anent the Hearth money.

Anent a Petition given in to the Lords of their majesties privy Councill be James Melvill of Cassingray Collector of the hearth money Shewing That quher the petitioner by his petitione the Eleventh day of February Jaj vjc nyntie two years Represented to the said Lords That haveing according to his Comissione appointed SubCollectors and done what was posible for him to doe for inbringing of the hearth money Bot the methods for Collecting being Remitted by the parliament to the saids Lords He did Humbly Suplicat for the saids Lords Directione therin both as to the forme of Surveying methods of Compting and what sallerie to allow to the SubCollectors, And the saids Lords haveing only returned then their pleasure for actuall Survey by the Sub Collectors the former proclamationes of Councill haveing appointed heritors and possessors to give in Subscryved lists of their hearths in maner therin prescryved And the Sub Collectors alledging great pains taken be them in obedience to the former proclamationes were unwilling to undergoe the other Espealeie no determined Salleries being appointed for so great travell neither any method for Compting being prescryved nor directione what dilligences shall be taken off the subCollectors hands He made applicatione againe, And the Lords by their proclamatione of the twelth of August last Jaj vjc nyntie two appointed certaine Commissioners every shyre to receive from the sub Collectors the lists of hearths within the respective bounds as they hade been Collected and taken up by them, And to choise Some persones (whither formerly Imployed or not) with order he Survey the wholl hearths etc within the severall shyres and tounes and upon oath to make ane exact list of them upon occular inspection And to have in the lists therof to the said Commissioners to transmitt to the Clerks of Councill allowing them the twentie pence of what hearth Money were formerly concealled and found out by this new survey which is proven altogither in effectuall In Respect that altho the sub Collectors hade attended (according to the saids Lords order) upon the said Commissioners yet ther is nothing done by any of the Commissioners nor is possible to gett any Surveyers for such a Sellarie Since it may hapen ther may not be a discovery of a hundreth concealled hearths in the longest Shyres of Scotland And no man will be at paines and expences of surveying the wholl shyre for the haill Discoverd hearths much less the twentieth pence of them, The petitioner humbly Layes all these things before the saids lords intreating their direction what methods shall be taken in all these things and that the petitioners accompts may be taken of his hands since the SubCollectors and their Commissioners might hapen to dye or break (as some hade done allready) And So bring the petitioner to very great inconveniencies And Therfore Humbly Craveing the saids Lords would give their directiones as to the sub Collectors Salleries, The methods of compting and what dilligences shall be taken off the subCollecters hands and to take a Speedie Course for clossing the petitioners accompts as the petition bears The Lords of his majesties privy Councill haveing Considered this Petitione given in to them be the above James Melvill of Cassingray read in their presence Craveing their Lordships directione anent the sub Collectors of the hearth money ther sellaries the methods of compting and what diligence shall be taken off the subCollectors hands, And to take Speedie Course for clossing the petitioners accompts, The Saids Lords heirby Nominats the Lord Duke of Hamilton President of Councill, The Earles of Linlithgow and, Brodalbine, The Viscount of Tarbat Lord Raith Thesaurer depute, The Lord Beilhaven, Lord Justice Clerk and the Laird of Grant to be Comittie And Declairs any four of them to be a quorum To Consider the former proclamationes of Councill already emitted anent the hearth money, And to fall upon such farder methods and means as may be most proper for makeing a full discovery of the haill hearths within this kingdome And for the speedie and effectuall inbringing of the hearth money from all the places of the same, And Recommends to the said Comittie to meet the morrow at ten in the forenoon And Report to the Councill at their nixt meetting And Recomends to the said Comittie to Consider what speedie Courss might be taken for 2 Clearing and Clossing of Cassingrayes accompts.

1. NRS, PC2/24, 174r-175r.

2. The word ‘takeing’ scored out here.

1. NRS, PC2/24, 174r-175r.

2. The word ‘takeing’ scored out here.

Decreet, 31 January 1693 (pm), Edinburgh

Posted on by

Edinburgh the Threttie one day of January Jaj vjc nyntie thrie years. Post meridiem

D1693/1/501

Decreet

Decreet Carmicheall Against Chanclor etc.

Anent our Soveraigne Lord and Ladies letters raised at the instance of Sir James Carmicheall of Bonytoune John Lord Carmicheall Sir Daniall Carmicheall of Mouldslie and others […] Tuttors to the said Sir James for their intrests and James Lindsay, Thomas Henderson, James Purdie James Galloway John Smith, Thomas Purdie James Purdie younger Ronald Spence Adam Hendersone Adam Murray and John Henderson tenants to the said Sir James of the barronie of Thinkertoune and Sir William Lockhert their majesties solicitor for their intrest in the matter underwritten Makeand mentione That quher albeit by the uncontraverted law and2 Custome of this and all other weell governed kingdomes The Illegall incroaching upon any mans property Cutting destroying and Carieing a way of their cornes be open violence and bangstrie by a Convocation of armed men under Cloud and sillence of night Be crymes of ane high Nature and severly punishable nevertheless it is of veritie that the said Sir James Carmicheall his predecessors and authurs haveing past all memorie peaceably possest the lands and barronie of Thinkertoun Lying upon the north syde of the River of Clyde And the said River haveing some years since by a violent and Impetuous interuption altered its ancient Course and run doune through the pursuars Lands of Thinkertoune Ther fell therby a Considerable part of the lands of Thinkertoune to be, Upon the South syde of the said River, And which allwayes was and as yett is called the Holme of Thinkertoune And quherof the pursuars and his predecessors and the tennants continued the possession, notwithstanding that the Course of the watter was altered by the said violent inruptione in maner forsaid And the said Sir James his father in the year Jaj vjc Eightie Eight Did by himself and his tennents cause toill and sow a great part therof, And did peacably reap the cornes that grew upon the samen yet true It is That James Chanclor of Steillhill and George Kello in Quodqoon John Penman ther George Archibald ther Thomas Rodger ther Robert Glassgow ther, Robert Gray ther Thomas Simervell ther James Simervell ther and John Simervell ther with severall other of their accomplices to the number of Fourscore persones or therby haveing resolved to take advantadge of the said Sir James his infancie and by open Bangstrie and violence to turne him and his tennants out of his Just right and possession They did upon the […] day of Jully last by past or ane or other of the dayes of the said moneth Convocat themselves togither in ane most rude and tumultary maner and came togither all armed with pickforks, great Staffs Sythes pistolls Swords and massive Dogs and such other instruments towards the said Sir James his lands of the Holme of Thinkertoune and ther did in one most Cruell Barbareous and inhumane maner cutt doune and destroy the wholl grouth of Fourtein bolls sowing of corne of therby a great part quherof they caried home to their horsses and Cattell and threw the rest upon the Dunghills By quhich the said cornes which would have yeilded at least, Ane hundred bolls oats at Eight punds scots the boll ware rendered altogither useless aither for man or beast, And which demonstrats the greatest Designe of malice and prejudice in the persones Complained upon that can be Imagined Lykeas the said James Chancelor Did cause severall armed men stand as centinall at the doors of James Smith Alexander Dicksone tenants to the Laird of Carnwath and keeped them as closs prisoners within their oun houses ay and whill his malice and Ryot was effectuat and compleated for fear they should have acquanted the Lord Carmichell or any other of the said Sir James his tutors which if acquanted would certainely have stoped him Since the Committing of such Illegall oppressione By Doeing quherof the said James Chancelor of Steillhill and the other persons Complained upon are guiltie of ane open and manifast Ryot violence and oppression Comitted by them upon the said Sir James and his tennants of the barronie of Thinkertoun And Therfore they ought not only to be Decerned to make payment to the said Sir James of the soume of Eight Hundred punds Scots as the pryce and value of the cornes so barbarously and inhumanely cutt doun Destroyed and caried away be them Bot likewayes to be Otherwayes severly punished in their persones and goods to the terror of others to doe and Comitt the like in tyme comeing And Anent the charge given in to the saids defenders To have Compeired personally before the saids Lords at ane Certain day bygone To have answered to the ground of the above written Complaint And to have heard and seen such order and Course taken theranent as the Saids Lords should think fitt as the said Lybell and executiones therof at more leanth bears Which Lybell with the Lybell of reconventione at the instance of the defenders against the pursuars being called in presence of the saids Lords of privy Councill And the said Lord Carmicheall tutor to the said Sir James Carmicheall of Bonytoune And the3 Sir James Lindsey Thomas and Adam Andersones and James and Thomas Purdies pursuares Compeiring personally And the rest of the pursuars being absent and Sir David Thores Sir Robert Colt and Daniall Lockhart Compeiring as advocats for the haill pursuars, And the haill defenders except Thomas Rodger and Robert Gray Compeiring also personally and Sir Patrick Home Compeiring as advocats for the saids haill4 defenders And the saids Lords of their majesties privy Councill haveing heard both Lybells with answers to the Lybell of reconventione Read and both parties procurators fully debate in their presence The saids Lords Fand both Lybells relevant and admitted the same to respective parties probatione And the haill witnesses cited for both parties haveing Compaired personally and made faith at the barr (except one witnes) The saids Lords appointed a Committie of their oun number to examine the saids witnesses And Reserved the Objectiones which might be made against them to be proponed and Discussed before the said Committie Conforme to quhich reference aither partie adduced Severall witnesses before the Committie Deponed and Declared Conforme to their Depositiones extant in proces And the said cause being this day againe called in presence of the Lords And they haveing Considered both the principall Lybell and Lybell of reconventione with the depositiones of the witnesses adduced upon both these Lybells They Find that the probation of Possession of the peice of ground of Lands contraverted is more pregnant for the tenants of Thankertoune which belongs to the pursuar of the principall Cause, then for the tennants of Quodquan which belongs to the defender And Finds it Sufficiantly proven that the defendars are guilty of a Ryot And Therfore Fynes the said James Chancelor of Steillhill in the Soume of Thrie hundred merks And apoints him to make payment of the Same to the said Sir James Carmicheall of Boningtoune and his tutors pursuars in the principall Lybell And Ordaines letters one Fiftein dayes and others neidfull to pass heirupon in forme as effeirs.

Edinburgh the Threttie one day of January Jaj vjc nyntie thrie years. Post meridiem

D1693/1/501

Decreet

Decreet Carmicheall Against Chanclor etc.

Anent our Soveraigne Lord and Ladies letters raised at the instance of Sir James Carmicheall of Bonytoune John Lord Carmicheall Sir Daniall Carmicheall of Mouldslie and others […] Tuttors to the said Sir James for their intrests and James Lindsay, Thomas Henderson, James Purdie James Galloway John Smith, Thomas Purdie James Purdie younger Ronald Spence Adam Hendersone Adam Murray and John Henderson tenants to the said Sir James of the barronie of Thinkertoune and Sir William Lockhert their majesties solicitor for their intrest in the matter underwritten Makeand mentione That quher albeit by the uncontraverted law and2 Custome of this and all other weell governed kingdomes The Illegall incroaching upon any mans property Cutting destroying and Carieing a way of their cornes be open violence and bangstrie by a Convocation of armed men under Cloud and sillence of night Be crymes of ane high Nature and severly punishable nevertheless it is of veritie that the said Sir James Carmicheall his predecessors and authurs haveing past all memorie peaceably possest the lands and barronie of Thinkertoun Lying upon the north syde of the River of Clyde And the said River haveing some years since by a violent and Impetuous interuption altered its ancient Course and run doune through the pursuars Lands of Thinkertoune Ther fell therby a Considerable part of the lands of Thinkertoune to be, Upon the South syde of the said River, And which allwayes was and as yett is called the Holme of Thinkertoune And quherof the pursuars and his predecessors and the tennants continued the possession, notwithstanding that the Course of the watter was altered by the said violent inruptione in maner forsaid And the said Sir James his father in the year Jaj vjc Eightie Eight Did by himself and his tennents cause toill and sow a great part therof, And did peacably reap the cornes that grew upon the samen yet true It is That James Chanclor of Steillhill and George Kello in Quodqoon John Penman ther George Archibald ther Thomas Rodger ther Robert Glassgow ther, Robert Gray ther Thomas Simervell ther James Simervell ther and John Simervell ther with severall other of their accomplices to the number of Fourscore persones or therby haveing resolved to take advantadge of the said Sir James his infancie and by open Bangstrie and violence to turne him and his tennants out of his Just right and possession They did upon the […] day of Jully last by past or ane or other of the dayes of the said moneth Convocat themselves togither in ane most rude and tumultary maner and came togither all armed with pickforks, great Staffs Sythes pistolls Swords and massive Dogs and such other instruments towards the said Sir James his lands of the Holme of Thinkertoune and ther did in one most Cruell Barbareous and inhumane maner cutt doune and destroy the wholl grouth of Fourtein bolls sowing of corne of therby a great part quherof they caried home to their horsses and Cattell and threw the rest upon the Dunghills By quhich the said cornes which would have yeilded at least, Ane hundred bolls oats at Eight punds scots the boll ware rendered altogither useless aither for man or beast, And which demonstrats the greatest Designe of malice and prejudice in the persones Complained upon that can be Imagined Lykeas the said James Chancelor Did cause severall armed men stand as centinall at the doors of James Smith Alexander Dicksone tenants to the Laird of Carnwath and keeped them as closs prisoners within their oun houses ay and whill his malice and Ryot was effectuat and compleated for fear they should have acquanted the Lord Carmichell or any other of the said Sir James his tutors which if acquanted would certainely have stoped him Since the Committing of such Illegall oppressione By Doeing quherof the said James Chancelor of Steillhill and the other persons Complained upon are guiltie of ane open and manifast Ryot violence and oppression Comitted by them upon the said Sir James and his tennants of the barronie of Thinkertoun And Therfore they ought not only to be Decerned to make payment to the said Sir James of the soume of Eight Hundred punds Scots as the pryce and value of the cornes so barbarously and inhumanely cutt doun Destroyed and caried away be them Bot likewayes to be Otherwayes severly punished in their persones and goods to the terror of others to doe and Comitt the like in tyme comeing And Anent the charge given in to the saids defenders To have Compeired personally before the saids Lords at ane Certain day bygone To have answered to the ground of the above written Complaint And to have heard and seen such order and Course taken theranent as the Saids Lords should think fitt as the said Lybell and executiones therof at more leanth bears Which Lybell with the Lybell of reconventione at the instance of the defenders against the pursuars being called in presence of the saids Lords of privy Councill And the said Lord Carmicheall tutor to the said Sir James Carmicheall of Bonytoune And the3 Sir James Lindsey Thomas and Adam Andersones and James and Thomas Purdies pursuares Compeiring personally And the rest of the pursuars being absent and Sir David Thores Sir Robert Colt and Daniall Lockhart Compeiring as advocats for the haill pursuars, And the haill defenders except Thomas Rodger and Robert Gray Compeiring also personally and Sir Patrick Home Compeiring as advocats for the saids haill4 defenders And the saids Lords of their majesties privy Councill haveing heard both Lybells with answers to the Lybell of reconventione Read and both parties procurators fully debate in their presence The saids Lords Fand both Lybells relevant and admitted the same to respective parties probatione And the haill witnesses cited for both parties haveing Compaired personally and made faith at the barr (except one witnes) The saids Lords appointed a Committie of their oun number to examine the saids witnesses And Reserved the Objectiones which might be made against them to be proponed and Discussed before the said Committie Conforme to quhich reference aither partie adduced Severall witnesses before the Committie Deponed and Declared Conforme to their Depositiones extant in proces And the said cause being this day againe called in presence of the Lords And they haveing Considered both the principall Lybell and Lybell of reconventione with the depositiones of the witnesses adduced upon both these Lybells They Find that the probation of Possession of the peice of ground of Lands contraverted is more pregnant for the tenants of Thankertoune which belongs to the pursuar of the principall Cause, then for the tennants of Quodquan which belongs to the defender And Finds it Sufficiantly proven that the defendars are guilty of a Ryot And Therfore Fynes the said James Chancelor of Steillhill in the Soume of Thrie hundred merks And apoints him to make payment of the Same to the said Sir James Carmicheall of Boningtoune and his tutors pursuars in the principall Lybell And Ordaines letters one Fiftein dayes and others neidfull to pass heirupon in forme as effeirs.

1. NRS, PC2/24, 172v-174r.

2. The word ‘of’ scored out here.

3. The word ‘saids’ scored out here.

4. Insertion.

1. NRS, PC2/24, 172v-174r.

2. The word ‘of’ scored out here.

3. The word ‘saids’ scored out here.

4. Insertion.

Order, 31 January 1693 (pm), Edinburgh

Posted on by

Edinburgh the Threttie one day of January Jaj vjc nyntie thrie years. Post meridiem

D1693/1/491

Order

Order for Furnishing blankets to Souldiers in the Cannongate Tolbooth

The Lords of their Majesties Privy Councill Doe heirby Ordaine to the Souldiers presently detained in the Tolbooth of the Cannongate (who are to be caried to Flanders for recruits) to Ly upon whill they are in the said Tolbooth And Ordaines the Flanders officers to whom these recruites foe belong to find sufficient Cautione to the satisfaction of the saids Magistrats that they shall deliver back these blanketts in good cause to the persones who furnished the Same, So Soon as they shall make payment to the persones furnishers of a rex doller for each pair of the saids Blanketts being a double pair which shall not be restored back in good caise as said is.

Edinburgh the Threttie one day of January Jaj vjc nyntie thrie years. Post meridiem

D1693/1/491

Order

Order for Furnishing blankets to Souldiers in the Cannongate Tolbooth

The Lords of their Majesties Privy Councill Doe heirby Ordaine to the Souldiers presently detained in the Tolbooth of the Cannongate (who are to be caried to Flanders for recruits) to Ly upon whill they are in the said Tolbooth And Ordaines the Flanders officers to whom these recruites foe belong to find sufficient Cautione to the satisfaction of the saids Magistrats that they shall deliver back these blanketts in good cause to the persones who furnished the Same, So Soon as they shall make payment to the persones furnishers of a rex doller for each pair of the saids Blanketts being a double pair which shall not be restored back in good caise as said is.

1. NRS, PC2/24, 172r-172v.

1. NRS, PC2/24, 172r-172v.

Act, 31 January 1693 (pm), Edinburgh

Posted on by

Edinburgh the Threttie one day of January Jaj vjc nyntie thrie years. Post meridiem

D1693/1/481

Act

Act and Remitt John Raylay

Anent a Petition given in to the Lords of their majesties privy Councill be John Raylay only Lawfull son to John Raylay merchant in Livengstoune prisoner in the Tolbooth of Musleburgh and the said John Raylay his father in his name and behalfe Shewing That the petitioner being ane merchant and Countrieman tradeing to and from Edinburgh these severall years bygone about his Lawfull Calling of merchandizeing without any trouble or offence to any persone whatsomever yet not withstanding quherof upon what pretence altogither unknown one Ensigne Morisone upon the twentie thrid day of January Jaj vjc nyntie thrie years Did violently seaze upon the petitioner when about his Lawfull affairs in the Cannogate with six armed souldiers and at their oun hand without any warrand or Order of Law from any officer or other persone did forcibly cary the petitioner to the Cannogate Tolbooth and from thence hurried him to Musleburgh Tolbooth wher he was detained prisoner at preset and did take from him his sword which for severall years he hade worne for his oun defence when he travelled with his pack And did take all the money he hade on him at the time albeit he never ingadged with any Souldier or officer or did take any earnest from them to ingadge in any Military service, Which violence and oppression was contrair to all Law and Justice and the saids Lords proclamation anent pressing of men And Therfore Humbly Craveing the saids Lords in Consideratione of the premisses and to cause order ane partie to transmitt the said John Raly out of the said Tolbooth of Musleburgh to the Tolbooth of Edinburgh or Canogate and to take tryall of the said wrongeous seazing upon and puting the petitioner in prisone, That after tryall of his Innocencie he might be sett at libertie and the said Ensigne Morison might be condignly punished and the leidges secured from such Illegall practisses as the petitione bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above John Raylay They heirby Remitt to the baillies of the Regallitie of Musleburgh to Consider the matter And to call for and hear both the petitioner and the above Ensigne Morisone With power to the said Baillies to doe, and determine in this affair as he shall find Just Conforme to the proclamatione of Councill emitted anent pressed Souldiers and Deserters.

Edinburgh the Threttie one day of January Jaj vjc nyntie thrie years. Post meridiem

D1693/1/481

Act

Act and Remitt John Raylay

Anent a Petition given in to the Lords of their majesties privy Councill be John Raylay only Lawfull son to John Raylay merchant in Livengstoune prisoner in the Tolbooth of Musleburgh and the said John Raylay his father in his name and behalfe Shewing That the petitioner being ane merchant and Countrieman tradeing to and from Edinburgh these severall years bygone about his Lawfull Calling of merchandizeing without any trouble or offence to any persone whatsomever yet not withstanding quherof upon what pretence altogither unknown one Ensigne Morisone upon the twentie thrid day of January Jaj vjc nyntie thrie years Did violently seaze upon the petitioner when about his Lawfull affairs in the Cannogate with six armed souldiers and at their oun hand without any warrand or Order of Law from any officer or other persone did forcibly cary the petitioner to the Cannogate Tolbooth and from thence hurried him to Musleburgh Tolbooth wher he was detained prisoner at preset and did take from him his sword which for severall years he hade worne for his oun defence when he travelled with his pack And did take all the money he hade on him at the time albeit he never ingadged with any Souldier or officer or did take any earnest from them to ingadge in any Military service, Which violence and oppression was contrair to all Law and Justice and the saids Lords proclamation anent pressing of men And Therfore Humbly Craveing the saids Lords in Consideratione of the premisses and to cause order ane partie to transmitt the said John Raly out of the said Tolbooth of Musleburgh to the Tolbooth of Edinburgh or Canogate and to take tryall of the said wrongeous seazing upon and puting the petitioner in prisone, That after tryall of his Innocencie he might be sett at libertie and the said Ensigne Morison might be condignly punished and the leidges secured from such Illegall practisses as the petitione bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above John Raylay They heirby Remitt to the baillies of the Regallitie of Musleburgh to Consider the matter And to call for and hear both the petitioner and the above Ensigne Morisone With power to the said Baillies to doe, and determine in this affair as he shall find Just Conforme to the proclamatione of Councill emitted anent pressed Souldiers and Deserters.

1. NRS, PC2/24, 171v-172r.

1. NRS, PC2/24, 171v-172r.

Warrant, 31 January 1693 (pm), Edinburgh

Posted on by

Edinburgh the Threttie one day of January Jaj vjc nyntie thrie years. Post meridiem

D1693/1/471

Warrant

Warrand for citeing George Dick stabler

The Lords of their Majesties privy Councill Doe heirby give order and warrand to the macers of privy Councill Doe heirby give order and warrand to the macers of privy Councill or messengers at armes to cite George Dick Stabler in Edinburgh To Compeir before the Committie of Councill appointed anent persones alledged pressed to be Souldiers and anent deserters To answer for his suffering William Steill who took one as a Souldier in Lord George Hamiltons regiment to escape out of his house, Aither by consent or Conivance and that at such dyets as the Committie shall appoint, And Recommends to the Committie to hear parties consider the matter and determine therin conforme to the proclamation of Councill or in case of deficulty to report to the Councill.

Edinburgh the Threttie one day of January Jaj vjc nyntie thrie years. Post meridiem

D1693/1/471

Warrant

Warrand for citeing George Dick stabler

The Lords of their Majesties privy Councill Doe heirby give order and warrand to the macers of privy Councill Doe heirby give order and warrand to the macers of privy Councill or messengers at armes to cite George Dick Stabler in Edinburgh To Compeir before the Committie of Councill appointed anent persones alledged pressed to be Souldiers and anent deserters To answer for his suffering William Steill who took one as a Souldier in Lord George Hamiltons regiment to escape out of his house, Aither by consent or Conivance and that at such dyets as the Committie shall appoint, And Recommends to the Committie to hear parties consider the matter and determine therin conforme to the proclamation of Councill or in case of deficulty to report to the Councill.

1. NRS, PC2/24, 171v.

1. NRS, PC2/24, 171v.

Sederunt, 31 January 1693 (pm), Edinburgh

Posted on by

Edinburgh the Threttie one day of January Jaj vjc nyntie thrie years. Post meridiem1

D1693/1/462

Sederunt

Lord Chancelor; Duke of Hamilton Pres:; Earl of Melvill P: seall; Earl of Linlithgow; Earl of Strathmore; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Carmichall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fr: Montgomrie; Laird of Grant; Laird of Blackbarrony; Laird of Pollock; Sir William Lockhart

Edinburgh the Threttie one day of January Jaj vjc nyntie thrie years. Post meridiem1

D1693/1/462

Sederunt

Lord Chancelor; Duke of Hamilton Pres:; Earl of Melvill P: seall; Earl of Linlithgow; Earl of Strathmore; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Carmichall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fr: Montgomrie; Laird of Grant; Laird of Blackbarrony; Laird of Pollock; Sir William Lockhart

1. NRS, PC2/24, 171v.

2. NRS, PC2/24, 171v.

1. NRS, PC2/24, 171v.

2. NRS, PC2/24, 171v.

Warrant, 31 January 1693 (pm), Edinburgh

Posted on by

Att Edinburgh the Last day of Januarij Jaj vjc nyntie three years Councill called extraordinary1

A1693/1/542

Warrant

Warrand for transporting, Smith Strachan Morisone and Jaffrey from Aberdeen to Edinburgh tolbooth

The Lords of there Majesties privie Councill Haveing Considered a petitione given in to them [by] Alexander Smith Patrick Strachan Alexander Morisone and John Jaffrey prisoners at Aberdeen Craveing to be processed or Liberate upon baill or upon takeing the oathes They hereby recomend to Sir James Leslie Commander in cheiff of there majesties forces within this Kingdome for the tyme to cause transport the petitioners from the tolbooth of Aberdeen to the tolbooth of Edinburgh under a sufficient guaird And appoints the magistrats of Aberdeen and Keeper of there tolbooth to delyver the petitioners to And the magistrats of Edinburgh and Keeper of there tolbooth to receave them from the said guaird And ordains them to remaine prisoners in the tolbooth of Edinburgh till farder order

At Edinburgh, 31 January 1693, afternoon, council called extraordinary1

A1693/1/542

Warrant

Warrant for transporting Smith, Strachan, Morrison and Jaffrey from Aberdeen to Edinburgh tolbooth

The lords of their majesties’ privy council, having considered a petition given in to them [by] Alexander Smith, Patrick Strachan, Alexander Morrison and John Jaffrey, prisoners at Aberdeen, craving to be processed or freed upon bail or upon taking the oaths, they hereby recommend to Sir James Leslie, commander in chief of their majesties’ forces within this kingdom for the time, to transport the petitioners from the tolbooth of Aberdeen to the tolbooth of Edinburgh under a sufficient guard, and appoint the magistrates of Aberdeen and keeper of their tolbooth to deliver the petitioners to, and the magistrates of Edinburgh and keeper of their tolbooth to receive them from the said guard, and order them to remain as prisoners in the tolbooth of Edinburgh till further order.

1. PC1/48, 570.

2. PC1/48, 570

1. PC1/48, 570.

2. PC1/48, 570

Sederunt, 31 January 1693 (pm), Edinburgh

Posted on by

Att Edinburgh the Last day of Januarij Jaj vjc nyntie three years Eodem Die Post Meridiem Councill called extraordinary1

A1693/1/532

Sederunt

Lord Chancellour; Duke of Hamiltoun; Earl of Melvill Lord privy seall; Earl of Linlithgow; Earl of Strathmore; Earl of Leven; Earl of Forfar; Earl of Breadalbaine; Viscount Tarbatt; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Hattoune; Lord Fountainhall; Lord Enstruther; Mr Frances Montgomery; Laird of Grant; Laird of Blackbarrony; Laird of Pollock; Sir William Lockhart

At Edinburgh, 31 January 1693, in the afternoon, council called extraordinary1

A1693/1/532

Sederunt

[John Hay, earl of Tweeddale], lord chancellor; [James Hamilton], duke of Hamilton; [George Melville], earl of Melville, lord privy seal; [George Livingstone], earl of Linlithgow; [Patrick Lyon], earl of Strathmore; [David Leslie], earl of Leven; [Archibald Douglas], earl of Forfar; [John Campbell], earl of Breadalbane; [George MacKenzie], Viscount Tarbat; [Alexander Melville], Lord Raith; [Henry Erskine], Lord Cardross; [John Hamilton], Lord Belhaven; [John], Lord Carmichael; [Sir James Stewart of Goodtrees], lord advocate; [Sir Adam Cockburn of Ormiston], lord justice clerk; [Sir John Lauder], Lord Hatton; [Sir John Lauder], Lord Fountainhall; [Sir William Anstruther], Lord Anstruther; Mr Francis Montgomery; [Ludovic Grant], laird of Grant; [Sir Archibald Murray], laird of Blackbarony; [Sir John Maxwell], laird of Pollok; Sir William Lockhart.

1. PC1/48, 570.

2. PC1/48, 570.

1. PC1/48, 570.

2. PC1/48, 570.