Act, 6 September 1694 (pm), Edinburgh

Eodem die [6 September 1694], Post Meridiem

D1694/9/121

Act

Act Androw Browne

Anent a Petition given in to the Lords of their majesties privy Councill, be Androw Brown Barber Periwigmaker burges of Edinburgh Shewing That the petitioner haveing been apprentice to a barber periwigmaker after expyreing of his indenters he ingadged as a Servant with one Captaine Douglas in […] regiement to Traim and dress him for ten pounds Sterling of yearly fie, Who Imediatly upon my entering his service Clapt the petitioner up prisoner in the Castle of Edinburgh and knowing the petitioner would apply for redress he hurried the petitioner thence to Blackness wher falling sick he was detained in great hazard and miserie and at last turned out of doors and instead of his fie was left to shift for himself after his recovery he maried at Edinburgh Wher he hade keept familly and a publict Chope upon the high street of the toune And now being informed that some of the officers of their Majesties forces and particularly Captain Veitch is watching to sease the petitioner as a deserter albeit he never ingadged received money nor Caried armes as a Souldier the petitioner is necessitate to Lurk and abscond himself Liveing his familly in a most destitute caise untill he make this his address to the saids Lords And seing the petitioner is this wrongeously oppressed Contrair to all Lawes divine and humane and to the acts of parliament of this kingdome and the saids Lords proclamationes of Councill And Therfore Humbly the saids Lords to Consider his caice and to Grant protectione to him that he might follow his affairs and Lawfull Calling without Disturbance And to Discharge the said Captaine Veitch or any others to trouble or molest him upon the above pretext or upon any other pretext quhatsomever Otherwayes then be order of Law and Justice And to recomend to Sir Thomas Livingstoune Commander in Cheif of their majesties forces within this kingdome to see this order receive punctuall obedience as the petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be Androw Brown barber They heirby Recomend to Sir Thomas Liveingstoune Commander in Cheif of their majesties forces within this kingdome and Sir John Hall of Dunglass Lord provest of Edinburgh to Call for and hear the parties concerned and authorizes them to doe in the above matter as they shall find Just And in the mean time grants protectione to the petitioner that he may follow his affairs and lawfull Calling without Disturbance and Discharges the above Captaine Veitch or any other to trouble or molest him upon the above pretext or any other pretext whatsomever, Otherwayes then be order of Law and Justice untill the above Comittie pronunce sentance in the said matter.

Eodem die [6 September 1694], Post Meridiem

D1694/9/121

Act

Act Androw Browne

Anent a Petition given in to the Lords of their majesties privy Councill, be Androw Brown Barber Periwigmaker burges of Edinburgh Shewing That the petitioner haveing been apprentice to a barber periwigmaker after expyreing of his indenters he ingadged as a Servant with one Captaine Douglas in […] regiement to Traim and dress him for ten pounds Sterling of yearly fie, Who Imediatly upon my entering his service Clapt the petitioner up prisoner in the Castle of Edinburgh and knowing the petitioner would apply for redress he hurried the petitioner thence to Blackness wher falling sick he was detained in great hazard and miserie and at last turned out of doors and instead of his fie was left to shift for himself after his recovery he maried at Edinburgh Wher he hade keept familly and a publict Chope upon the high street of the toune And now being informed that some of the officers of their Majesties forces and particularly Captain Veitch is watching to sease the petitioner as a deserter albeit he never ingadged received money nor Caried armes as a Souldier the petitioner is necessitate to Lurk and abscond himself Liveing his familly in a most destitute caise untill he make this his address to the saids Lords And seing the petitioner is this wrongeously oppressed Contrair to all Lawes divine and humane and to the acts of parliament of this kingdome and the saids Lords proclamationes of Councill And Therfore Humbly the saids Lords to Consider his caice and to Grant protectione to him that he might follow his affairs and Lawfull Calling without Disturbance And to Discharge the said Captaine Veitch or any others to trouble or molest him upon the above pretext or upon any other pretext quhatsomever Otherwayes then be order of Law and Justice And to recomend to Sir Thomas Livingstoune Commander in Cheif of their majesties forces within this kingdome to see this order receive punctuall obedience as the petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be Androw Brown barber They heirby Recomend to Sir Thomas Liveingstoune Commander in Cheif of their majesties forces within this kingdome and Sir John Hall of Dunglass Lord provest of Edinburgh to Call for and hear the parties concerned and authorizes them to doe in the above matter as they shall find Just And in the mean time grants protectione to the petitioner that he may follow his affairs and lawfull Calling without Disturbance and Discharges the above Captaine Veitch or any other to trouble or molest him upon the above pretext or any other pretext whatsomever, Otherwayes then be order of Law and Justice untill the above Comittie pronunce sentance in the said matter.

1. NRS, PC2/25, 62r-62v.

1. NRS, PC2/25, 62r-62v.

Act, 6 September 1694 (pm), Edinburgh

Eodem die [6 September 1694], Post Meridiem

D1694/9/111

Act

Act James Scot

Anent a Petition given in to the Lords of their majesties privy Councill be James Scot pentherer burges of Glasgow shewing That the petitioner being not only ane tradsman burges but also ane heritor in the burgh of Glasgow and was never a souldier nor ingadged nor took money for that effect, yet true it is that the petitioner was taken out of his bed and Caried away be Captaine […] Baillie one of the Captaines in Coll Douglas his regiement and have been these fiftein dayes bygone keeped prisoner in the guard both at Prestone wher he 2 then was and other places since the regiement Marched from Glasgow, And seing it is against Law and Justice and ther Lordships acts and proclamationes that ane person should be thus violenced especially ane heritor And Therfore Humbly Craveing the saids Lords to take the petitioners case to their Consideratione and to ordaine the petitioner to be Sett at Libertie and to grant warrand for citeing of the Captaine to Compeir before their Lordships to answer for his violence 3 and misdamenor and if the saids Lords should think fitt he was content to find Cautione to answer for what the said Captaine Baillie hade to lay to his Charge as the petition bears The Lords of their Majesties privy Councill haveing Considered the above petitione given in to them be the above James Scot They heirby Recomend to Mr Francis Montgomry of Giffan and Sir John Maxwell of Pollock or any of them to call for and hear both the petitioner and the above Captaine or others concerned and authorizes them or any of them to doe in the above matter as they shall find Just.

Eodem die [6 September 1694], Post Meridiem

D1694/9/111

Act

Act James Scot

Anent a Petition given in to the Lords of their majesties privy Councill be James Scot pentherer burges of Glasgow shewing That the petitioner being not only ane tradsman burges but also ane heritor in the burgh of Glasgow and was never a souldier nor ingadged nor took money for that effect, yet true it is that the petitioner was taken out of his bed and Caried away be Captaine […] Baillie one of the Captaines in Coll Douglas his regiement and have been these fiftein dayes bygone keeped prisoner in the guard both at Prestone wher he 2 then was and other places since the regiement Marched from Glasgow, And seing it is against Law and Justice and ther Lordships acts and proclamationes that ane person should be thus violenced especially ane heritor And Therfore Humbly Craveing the saids Lords to take the petitioners case to their Consideratione and to ordaine the petitioner to be Sett at Libertie and to grant warrand for citeing of the Captaine to Compeir before their Lordships to answer for his violence 3 and misdamenor and if the saids Lords should think fitt he was content to find Cautione to answer for what the said Captaine Baillie hade to lay to his Charge as the petition bears The Lords of their Majesties privy Councill haveing Considered the above petitione given in to them be the above James Scot They heirby Recomend to Mr Francis Montgomry of Giffan and Sir John Maxwell of Pollock or any of them to call for and hear both the petitioner and the above Captaine or others concerned and authorizes them or any of them to doe in the above matter as they shall find Just.

1. NRS, PC2/25, 61v-62r.

2. The word ‘now’ scored out here.

3. The words ‘as the saids Lor’ scored out here.

1. NRS, PC2/25, 61v-62r.

2. The word ‘now’ scored out here.

3. The words ‘as the saids Lor’ scored out here.

Act, 6 September 1694 (pm), Edinburgh

Eodem die [6 September 1694], Post Meridiem

D1694/9/101

Act

Act The Members of the Manufactorie at New Mylnes

Anent the petition given in to the Lords of their Majesties privy Councill be James Nicolsone and George Clerk Junior and William Blackwoods merchants in Edinburgh thrie of the members and present Managers of the Woolnmanufactory at Newmylnes for themselves and in name and behalf of the wholl members and incorporation of the said manufactory Shewing That wheras their Majesties with advice and Consent of the estates of parliament be their act dated the 2 fourtein3 day of June Jaj vjc nyntie thrie years Have Declaired the said manufactory at Newmylnes to have the priviledges of ane free manufactory Conforme to the prior acts of parliament made in favors of manufactories and amongst severall other priviledges liberties and Immunities particularly mentioned in the said act It is therby statute and Ordained that the stock of the said manufactory and profitts therof and all lands and others accquired for the use of the same and houses built or to be built theron should be free of all Cesses, Supplies taxationes excyss or other publict burdeins Imposed dureing the Space of Twentie one years after the date of the said act and that the saids lands and housses with the wholl inhabitants therof should be free of all quartering of souldiers either Locall or Transient and of Levieing of Souldiers dureing the standing of the said Manufactory and least any questione might arise whither the Lands of Newmylnes were any part of the stock of the said manufactory or accquired for the use therof So as to have the benefite of the forsaid exemptione It is expressly Enacted and ordained by the same act of parliament That the Lands of Newmylnes and housses accquired and the housses and others built or to be built theron should remaine in all time comeing as motified for carieing on the said work, Wherby It is evident that the said Lands and housses are Declaired to be acquired for the use of the same as the said act heirwith produced verifies, notwithstanding wherof The said incorporatione and Lands therto belonging was appointed by the Commissioners of the shire of Haddingtoune To Concurr with Robert Yeaman portioner of Nungate and David Forrest of Gunersmylne in the Outreiking of the souldiers lately raised Conforme to the act of Parliament and act of Secret Councill for their majesties service, And taxed for that effect, Wherupon David Maxwell master of the said manufactory at Newmylnes for himself and in name of the said4 incorporatione protested against the said Robert Yeaman and David Forrest, That the said manufactory and lands and housses therto belonging Ought not to be Lyable in the Outreiking of any Souldiers In respect they were exempted be the said act of parliament that they may sustaine no prejudice therthrow any maner of way as ane instrument and protestatione therupon under the hand of Robert Patersone nottar dated the seventein day of May last Jaj vjc nyntie four years heirwith verifies By which It is evident that as the said manufactory and lands therto belonging have been allready troubled for the Causes forsaid So they might be troubled and Imposed upon in time comeing for outreiking of the Militia and other Souldiers which shall hapen to be raised for their Majesties service Unles the saids Lords grant them ane act and warrand for secureing against the same in time comeing And Therfore Humbly Craveing the saids Lords to take the premissses to their serious Consideratione and in obedience and Conforme to the forsaid act of parliament Grant their act and warrand to the said incorporatione of the forsaid Woollen Manufactorie at Newmuylne for freeing and exeeming of the said wholl incorporatione of the said manufactorie and all the lands and housses therto belonging with the haill inhabitants therof from all outreiking of any militia brother souldiers Levied or to be Levied, and from the payment of any money and fractiones to that effect And that for the forsaid space of Twentie one years after the date of the said act of parliament and for that effect to prohibit and discharge the shireff of the shire or his deputs and the Commissioners of assessment and all others within the said shire of Haddington haveing power to proportion divyde and Lay on the said Militia or Souldiers or any taxatione to that effect within the said shire from laying on and allocating to the said manufactory any part of the burdein for raiseing of the said militia or souldiers dureing the space forsaid of the said act of parliament as the petition bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above members and present managers of the woolen Manufactorie at New Milnes with the act of parliament and instrument or protestatione both mentioned therin and produced therwith They heirby Declair In favors of the siad incorporatione of the above woolen Manufactory or New-Mylnes That the wholl incorporatione of the Said Manufactory and all the 5 Lands and housses therto belonging and the inhabitants therof are free and exeemed from all Outreiking of any militia or other souldiers Levied or to be Levied and from the payment of any money and fractiones to that effect and that for the forsaid space of twentie one years after the date of the said act of parliament and for that effect doe heirby prohibit and Discharge the shireff of the shire or his deputs and the Commissioners of assessment and all others within the shire of Haddingtoune haveing power to proportione Divyde and Lay on the said militia or souldiers or any exactione to that effect within the said shire from Laying on and allocating to the said manufactory any part of the burden for raiseing of the said Militia or Souldiers dureing the space forsaid of the said act of parliament.

Eodem die [6 September 1694], Post Meridiem

D1694/9/101

Act

Act The Members of the Manufactorie at New Mylnes

Anent the petition given in to the Lords of their Majesties privy Councill be James Nicolsone and George Clerk Junior and William Blackwoods merchants in Edinburgh thrie of the members and present Managers of the Woolnmanufactory at Newmylnes for themselves and in name and behalf of the wholl members and incorporation of the said manufactory Shewing That wheras their Majesties with advice and Consent of the estates of parliament be their act dated the 2 fourtein3 day of June Jaj vjc nyntie thrie years Have Declaired the said manufactory at Newmylnes to have the priviledges of ane free manufactory Conforme to the prior acts of parliament made in favors of manufactories and amongst severall other priviledges liberties and Immunities particularly mentioned in the said act It is therby statute and Ordained that the stock of the said manufactory and profitts therof and all lands and others accquired for the use of the same and houses built or to be built theron should be free of all Cesses, Supplies taxationes excyss or other publict burdeins Imposed dureing the Space of Twentie one years after the date of the said act and that the saids lands and housses with the wholl inhabitants therof should be free of all quartering of souldiers either Locall or Transient and of Levieing of Souldiers dureing the standing of the said Manufactory and least any questione might arise whither the Lands of Newmylnes were any part of the stock of the said manufactory or accquired for the use therof So as to have the benefite of the forsaid exemptione It is expressly Enacted and ordained by the same act of parliament That the Lands of Newmylnes and housses accquired and the housses and others built or to be built theron should remaine in all time comeing as motified for carieing on the said work, Wherby It is evident that the said Lands and housses are Declaired to be acquired for the use of the same as the said act heirwith produced verifies, notwithstanding wherof The said incorporatione and Lands therto belonging was appointed by the Commissioners of the shire of Haddingtoune To Concurr with Robert Yeaman portioner of Nungate and David Forrest of Gunersmylne in the Outreiking of the souldiers lately raised Conforme to the act of Parliament and act of Secret Councill for their majesties service, And taxed for that effect, Wherupon David Maxwell master of the said manufactory at Newmylnes for himself and in name of the said4 incorporatione protested against the said Robert Yeaman and David Forrest, That the said manufactory and lands and housses therto belonging Ought not to be Lyable in the Outreiking of any Souldiers In respect they were exempted be the said act of parliament that they may sustaine no prejudice therthrow any maner of way as ane instrument and protestatione therupon under the hand of Robert Patersone nottar dated the seventein day of May last Jaj vjc nyntie four years heirwith verifies By which It is evident that as the said manufactory and lands therto belonging have been allready troubled for the Causes forsaid So they might be troubled and Imposed upon in time comeing for outreiking of the Militia and other Souldiers which shall hapen to be raised for their Majesties service Unles the saids Lords grant them ane act and warrand for secureing against the same in time comeing And Therfore Humbly Craveing the saids Lords to take the premissses to their serious Consideratione and in obedience and Conforme to the forsaid act of parliament Grant their act and warrand to the said incorporatione of the forsaid Woollen Manufactorie at Newmuylne for freeing and exeeming of the said wholl incorporatione of the said manufactorie and all the lands and housses therto belonging with the haill inhabitants therof from all outreiking of any militia brother souldiers Levied or to be Levied, and from the payment of any money and fractiones to that effect And that for the forsaid space of Twentie one years after the date of the said act of parliament and for that effect to prohibit and discharge the shireff of the shire or his deputs and the Commissioners of assessment and all others within the said shire of Haddington haveing power to proportion divyde and Lay on the said Militia or Souldiers or any taxatione to that effect within the said shire from laying on and allocating to the said manufactory any part of the burdein for raiseing of the said militia or souldiers dureing the space forsaid of the said act of parliament as the petition bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above members and present managers of the woolen Manufactorie at New Milnes with the act of parliament and instrument or protestatione both mentioned therin and produced therwith They heirby Declair In favors of the siad incorporatione of the above woolen Manufactory or New-Mylnes That the wholl incorporatione of the Said Manufactory and all the 5 Lands and housses therto belonging and the inhabitants therof are free and exeemed from all Outreiking of any militia or other souldiers Levied or to be Levied and from the payment of any money and fractiones to that effect and that for the forsaid space of twentie one years after the date of the said act of parliament and for that effect doe heirby prohibit and Discharge the shireff of the shire or his deputs and the Commissioners of assessment and all others within the shire of Haddingtoune haveing power to proportione Divyde and Lay on the said militia or souldiers or any exactione to that effect within the said shire from Laying on and allocating to the said manufactory any part of the burden for raiseing of the said Militia or Souldiers dureing the space forsaid of the said act of parliament.

1. NRS, PC2/25, 59v-61r.

2. The word ‘fifteinth’ scored out here.

3. Th Insertion.

4. Insertion.

5. The words ‘inhabitants therof’ scored out here.

1. NRS, PC2/25, 59v-61r.

2. The word ‘fifteinth’ scored out here.

3. Th Insertion.

4. Insertion.

5. The words ‘inhabitants therof’ scored out here.

Act, 6 September 1694 (pm), Edinburgh

Eodem die [6 September 1694], Post Meridiem

D1694/9/91

Act

Act Secker and Shaw and others

Anent the petitione given in to the Lords of their Majesties privy Councill be William Seckter and Thomas Shaw servitors to James Lumsdean Archibald Kellies and James Morgen servitors to William Fyfe in Stramoir Lowis Masson sone to John Masson in Tittubutie Lauchlan Stewart servitor to Robert Clerk in Stoniefoord and John Ramsay servitor to John Caddell in Boghead Shewing That wher they are Conveened to answer before ther Lordships with James Lumsdean as accomplices with him in a deforcement quherof he stands accused before their Lordships at the instance of George Gordone messenger The Truth is that the petitioners being but simple men knowing nothing of these matters were at first desyred by the said James Lumsdean to stay at home as if the petitioners appearance hade been needless, and it was suficient that he appeared for the petitioners quhich they too readily trusted Since they hade done nothing in that affair, But by his oun order But understanding that their Lordships have admitted Certificatione against them as if Contumacious They are now come to make heir appearance and to be reponed against the same, And with all are very willing and ready to Declair before the saids Lords ingeniously all their accessione to or past in the said deforcement and to come in their Lordships will to which the petitioners in all humility present this submissione And Therfore Humbly Craveing the saids Lords to repone the petitioners against the said Certificatione and to accept of this their humble submissione And (if ther Lordships thought fitt) To cause examine them upon the wholl matter Lybelled Since they are ready to make a free Confessione Togither with this their humble Submissione as the petitione bears The Lords of their Majesties privy Councill Haveing Considered the above petitione They heirby Repone the petitioners against the Certificatione pronunced be the saids Lords upon the process raised at the instance of the above George Gordon against them dated the seventh day of august last and allowes them to suspend and relax without Caution or Consignatione

Eodem die [6 September 1694], Post Meridiem

D1694/9/91

Act

Act Secker and Shaw and others

Anent the petitione given in to the Lords of their Majesties privy Councill be William Seckter and Thomas Shaw servitors to James Lumsdean Archibald Kellies and James Morgen servitors to William Fyfe in Stramoir Lowis Masson sone to John Masson in Tittubutie Lauchlan Stewart servitor to Robert Clerk in Stoniefoord and John Ramsay servitor to John Caddell in Boghead Shewing That wher they are Conveened to answer before ther Lordships with James Lumsdean as accomplices with him in a deforcement quherof he stands accused before their Lordships at the instance of George Gordone messenger The Truth is that the petitioners being but simple men knowing nothing of these matters were at first desyred by the said James Lumsdean to stay at home as if the petitioners appearance hade been needless, and it was suficient that he appeared for the petitioners quhich they too readily trusted Since they hade done nothing in that affair, But by his oun order But understanding that their Lordships have admitted Certificatione against them as if Contumacious They are now come to make heir appearance and to be reponed against the same, And with all are very willing and ready to Declair before the saids Lords ingeniously all their accessione to or past in the said deforcement and to come in their Lordships will to which the petitioners in all humility present this submissione And Therfore Humbly Craveing the saids Lords to repone the petitioners against the said Certificatione and to accept of this their humble submissione And (if ther Lordships thought fitt) To cause examine them upon the wholl matter Lybelled Since they are ready to make a free Confessione Togither with this their humble Submissione as the petitione bears The Lords of their Majesties privy Councill Haveing Considered the above petitione They heirby Repone the petitioners against the Certificatione pronunced be the saids Lords upon the process raised at the instance of the above George Gordon against them dated the seventh day of august last and allowes them to suspend and relax without Caution or Consignatione

1. NRS, PC2/25, 58v-59r.

1. NRS, PC2/25, 58v-59r.

Act, 6 September 1694 (pm), Edinburgh

Eodem die [6 September 1694], Post Meridiem

D1694/9/81

Act

Act The Presbytrie of Pearth

Anent the petition given in to the Lords of their Majesties privy Councill be Mr Robert Andersone Moderator of the presbytrie of Pearth for himself and the remanent brethren Shewing That wher the Church of Methven becomeing vaccant by the Decease of Mr John Omay, The Laird of Methven and some other of the heritors and parishinors appeared willing to have the Church plainted and for that end David Smith brother to Methven presented to the presbytrie a Call by severall heritors and parishioners to Mr William Moncreiff quhich the presbytrie accepted off as a Consent, But in regaird ther was not ane eldership in the parish found it necessary that ane eldership should be first settled and then getting a second Call from the said elders and heritors to the same Mr Moncreiff They proceided to ordaine and setle the said Mr William minister of the said Church, and yet notwithstanding the Laird of Mathven, turneing ane Dissenter he or some others who are in ane understanding with them keep up the keyes of the said kirk and refuse them both to the said Mr William and Likewayes to the presbytry Contrary to all Law and ther Lordships former acts and ordinance And Therfore humbly Craveing the saids Lords would ordaine the Laird of Methven or the havers of the saids keyes to deliver up the same Immediatly to the said Mr William Moncreiff or any other haveing the presbytries order and to sufer the said kirk to be patent, Or Otherwayes that incaice they refuse to authorize and Comand the shireff depute of preach or any two of the Commissioners of Supply to use the kings keyes and make the said Church patent for the use and service of the parish as the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Mr Robert Andersone moderator of the presbytrie of Pearth for himself and the remanent bretheren, with another be severeall of the heritors and elders of the parochin of Methven They heirby Decerne and Ordaine Patrick Smith of Methven to exhibit and deliver up the same to the above Mr William Moncreiff And suffer the said kirk to be patent And Ordaines letters of horning under the signet of Councill to be direct upon fiftein dayes against the havers of the saids keyes to be particularly Condescended on in the letters of horning and other executions in forme as effeirs.

Eodem die [6 September 1694], Post Meridiem

D1694/9/81

Act

Act The Presbytrie of Pearth

Anent the petition given in to the Lords of their Majesties privy Councill be Mr Robert Andersone Moderator of the presbytrie of Pearth for himself and the remanent brethren Shewing That wher the Church of Methven becomeing vaccant by the Decease of Mr John Omay, The Laird of Methven and some other of the heritors and parishinors appeared willing to have the Church plainted and for that end David Smith brother to Methven presented to the presbytrie a Call by severall heritors and parishioners to Mr William Moncreiff quhich the presbytrie accepted off as a Consent, But in regaird ther was not ane eldership in the parish found it necessary that ane eldership should be first settled and then getting a second Call from the said elders and heritors to the same Mr Moncreiff They proceided to ordaine and setle the said Mr William minister of the said Church, and yet notwithstanding the Laird of Mathven, turneing ane Dissenter he or some others who are in ane understanding with them keep up the keyes of the said kirk and refuse them both to the said Mr William and Likewayes to the presbytry Contrary to all Law and ther Lordships former acts and ordinance And Therfore humbly Craveing the saids Lords would ordaine the Laird of Methven or the havers of the saids keyes to deliver up the same Immediatly to the said Mr William Moncreiff or any other haveing the presbytries order and to sufer the said kirk to be patent, Or Otherwayes that incaice they refuse to authorize and Comand the shireff depute of preach or any two of the Commissioners of Supply to use the kings keyes and make the said Church patent for the use and service of the parish as the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Mr Robert Andersone moderator of the presbytrie of Pearth for himself and the remanent bretheren, with another be severeall of the heritors and elders of the parochin of Methven They heirby Decerne and Ordaine Patrick Smith of Methven to exhibit and deliver up the same to the above Mr William Moncreiff And suffer the said kirk to be patent And Ordaines letters of horning under the signet of Councill to be direct upon fiftein dayes against the havers of the saids keyes to be particularly Condescended on in the letters of horning and other executions in forme as effeirs.

1. NRS, PC2/25, 58r-58v.

1. NRS, PC2/25, 58r-58v.

Sederunt, 6 September 1694 (pm), Edinburgh

Eodem die [6 September 1694] , Post Meridiem

D1694/9/71

Sederunt

Sederunt as in the forenoon with Sir Thomas Liveingstoune his being now present.

Eodem die [6 September 1694], Post Meridiem

D1694/9/71

Sederunt

Sederunt as in the forenoon with Sir Thomas Liveingstoune his being now present.

1. NRS, PC2/25, 58r.

1. NRS, PC2/25, 58r.

Act, 6 September 1694 (pm), Edinburgh

[6 September] Eodem Die Post meridium

A1694/9/211

Act

Act Daniell Simpson for Mr John Wilson

Anent the petition givin In by Daniell Sympson to the Lords of his Majesties privy Council, Shewing that wher the saids Lords by their sentance of the date the 24th day of Jully last having depryved Mr John Wilson, late minister of Kirkwall of his benefice, and Declared the Church vacant and appointed him to remove from the manse and Gleib therof, and to leave the same void and redd, and confyned him to the Isleand of Zeatland and ordained him to repair to the place of his Confynment betuixt and the first day of October nixt, and remaine there during their Lordships pleasure, and that he should find Cautione for that Effect, Lykas their Lordships petitioner becam Cautioner for the fullfilling and obeying their Lordships forsaid sentence, But now their petitioner fearing that throw the uncertainty of Passage from Orkney to Zeatland, and throw the great windes and the other tempestuous weather and stormes that now raiges, and also the great number of French privateers that infest and Constantly haunt and ly upon the Coasts of the saids Islands of Orkney and Zeatland, That therthrow the said Mr John Wilson cannot repare and get himself transported to the forsaid place of his confinment within the short tyme allowed by their Lordships sentance Altho their petitioner knowes and is weill assured that he uses all possible means and Endeavors to Transport himself to the said Island in obedience to their Lordships forsaid sentence, And which in a little tyme more he will be able to doe But at present no boat or vessell dares nor will Engage to transport him untill the French privateers leave these coasts and repaire home and these rageing winds and tempestuous weather fall and become Calme. Which petition being at Length Considered by the saids Lords of their Majesties privy Councill They hereby prorogat the day appointed for the said Mr John Wilsone to repair to his confinment till the first day of March nixt, and Declares that no Execution shall pass upon the bond granted be him and the petitioner his Cautioner as to that clause therof anent his repairing to his Confynement betuixt and the Said first of October nixt, If he repaire to the same betuixt and the said first of March nixt.
2

[6 September] Eodem Die Post meridium

A1694/9/211

Act

Act Daniell Simpson for Mr John Wilson

Anent the petition givin In by Daniell Sympson to the Lords of his Majesties privy Council, Shewing that wher the saids Lords by their sentance of the date the 24th day of Jully last having depryved Mr John Wilson, late minister of Kirkwall of his benefice, and Declared the Church vacant and appointed him to remove from the manse and Gleib therof, and to leave the same void and redd, and confyned him to the Isleand of Zeatland and ordained him to repair to the place of his Confynment betuixt and the first day of October nixt, and remaine there during their Lordships pleasure, and that he should find Cautione for that Effect, Lykas their Lordships petitioner becam Cautioner for the fullfilling and obeying their Lordships forsaid sentence, But now their petitioner fearing that throw the uncertainty of Passage from Orkney to Zeatland, and throw the great windes and the other tempestuous weather and stormes that now raiges, and also the great number of French privateers that infest and Constantly haunt and ly upon the Coasts of the saids Islands of Orkney and Zeatland, That therthrow the said Mr John Wilson cannot repare and get himself transported to the forsaid place of his confinment within the short tyme allowed by their Lordships sentance Altho their petitioner knowes and is weill assured that he uses all possible means and Endeavors to Transport himself to the said Island in obedience to their Lordships forsaid sentence, And which in a little tyme more he will be able to doe But at present no boat or vessell dares nor will Engage to transport him untill the French privateers leave these coasts and repaire home and these rageing winds and tempestuous weather fall and become Calme. Which petition being at Length Considered by the saids Lords of their Majesties privy Councill They hereby prorogat the day appointed for the said Mr John Wilsone to repair to his confinment till the first day of March nixt, and Declares that no Execution shall pass upon the bond granted be him and the petitioner his Cautioner as to that clause therof anent his repairing to his Confynement betuixt and the Said first of October nixt, If he repaire to the same betuixt and the said first of March nixt.
2

1. NRS, PC1/50, 13.

2. Marginal note: A proclamatione Discharging persons to be brought from the Netherlands without passes past this day and booked at the End of the day following P. Licet.

        

        

1. NRS, PC1/50, 13.

2. Marginal note: A proclamatione Discharging persons to be brought from the Netherlands without passes past this day and booked at the End of the day following P. Licet.

        

Proclamation, 6 September 1694 (pm), Edinburgh

[6 September] Eodem Die Post meridium

A1694/9/201

Proclamation

A proclamation for bringing in the Lists and determining Debates about the Polemoney

The proclamation after insert, Being read, approven and signed was ordered to be recorded, wherof the Tenor followes. William and Mary By the grace of God, King and Queen of great Britain, France and Ireland, Defender of the faith, To and etc Macers of our privy Council, messengers at armes, our Shereffs in that pairt Conjunctllie and severallie specially constitut greeting, Forasmuch as albeit2 by the ninth Act of the fourth Cession of this our Current parliament The Commissioners of supply within the severall shyres and magistrats of the severall burghes Royall of this kingdom are appointed and ordained to meet at the respective places mentioned in the said Act and upon the particular dayes of the moneth of August last bypast and take up rolls and Lists of all the poleable persons within their respective bounds, containing the names, qualities and degrees of the severall persons and valow of the Estates belonging to them conform to the said act. and we by our proclamation of the date, the second day of the said moneth of August last required and commanded the Commissioners of our supply to goe dilligently about the making up of the saids lists and Impouered them to condescend upon and Designe ane Heretor above ane hundered pound scots of valued rent, at liest in each parioch wher no Commissioner or magistrat lives, who being 3 so designed should proceed and make up the rolls and state the pole money within the said parioch and report the Lists so made up to the Clerk of the Commissioners of supply who was to transmitt the same with the lists made up by the Commissioners themselves of the severall parioches within which they dwell to the office of the pole money keept at Edinburgh betuixt and the day appointed by the forsaid act of parliament. yet in many shires within this kingdome the saids Commissioners of supply and magistrats of burghs have Either not at all mett or where they have mett did not nominat persons in the severall parioches to make up the Rolls and state the pole money, or wher persons have bein nominat within the severall parioches, they have bein negligent and failled in performance of what was Injoyned and required of them by the forsaid act of parliament anent the pole money and our former proclamatione following theron, Therfor we with advice of the Lords of our privy Council peremptorly Require and Command the Commissioners of Supply within the severall shyres and magistrats of burghes within this our ancient Kingdom To meet and mak up lists and rolls of the poleable persons within the severall 4 parioches wher they dwell and to nominat and appoint one Heretor within every parioch of ane hundered pound scots of valued rent, at liest who being so designed, We herby requir and Command them to make up the Lists and rolls of the poleable persones within their severall bounds Containing the names, qualities and degrees of the severall persons and the valow of the Estates belonging to them and transmitt the same to the Clerks of the Commissioners of Supply who are to send them to the pole money office at Edinburgh conform to the former proclamatione made theranent. And we with advice forsaid require and command the saids severall Commissioners and particular Heritors designed within each parioch by them, To attend at the Parioch Church within their respective bounds upon such a day in the forenoon as shal be intimate to5 them by the Farmers of the polemoney and to the Inhabitants within the said parioch at the Church door therof upon the sunday after divin service preceeding the said day, and ther to Judge and determin all debates and Contraversies that shall arise betwixt any of our Leidges within the said parioch and the farmors of our pole money or their subfermors or Collectors anent the said pole money, Lists therof, qualities or degrees of the severall persones within the said parioch and valow of the Estates belonging to them, whose sentance therin shall be sufficiant warrand and rule according wherunto they are to Collect and Levy the said pole money, Certifieing the saids Commissioners and magistrats of Burghes who shall Either faill to meet or being mett, faile to designe Heretors of the severall parioches for making up the saids Rolls and Lists and the saids heretors being so designed and particular Commissioners within the parioches wher they dwell respectively who shall not deuly make up the Roles and Lists and deliver the same to the Clerk of supply in maner forsaid and who shall not punctually attend at the respective parioch Churches to Judge and determin in the Cases above Exprest upon Intimation givin in maner above mentioned, Our Letters of horning shall be direct against them and each of them at the Instance of any of the Farmors of the pole money their subtacksmen or Collectors, Charging them therto under the paine of five pound scots totius quoties to be payed to the Chairgers And we hereby require the Clerks of our privy Council to grant to them the forsaid Letters of horning in Common form to that Effect And for the more easie stating the said pole money and uplifting therof, we with advice of our privy Council and conform to the power granted to them by the forsaid act of Parliament, herby command and require all Heretors or at liest their Tutors Factors or Chamberlaines to give in to the said respective Commissioner or Heretor designed for the parioch in which they dwell, within the tyme Contained in the said act of Parliament, the number and names of all the Tennents who have taken lands or houses immediatly of the Heretors or proprietors and all Tennants 6 in lands or houses to give in, In maner forsaid, the number and names of their subtennents and Cottars under the paine of Tuelve shilling scots for each Tutor factor or Chamberlaine and six shilling scots for each Tennant failling in the premisses, To be applyed to the use of our saids Fermors their subtacksmen or Collectors by and attour the said pole money wherin they are respective Lyable Our will is Herefore and ue Chairge yow strictly and Command, that in Continent these our Letters seen, ye pass to the mercat cross of Edinburgh and the remanent Mercat Crosses of the head Burghes of the severall shires within this Kingdome and ther in our name and authority by open proclamation make Intimation of the premisses that non pretend ignorance. Givin under our signet at Edinburgh the sixt day of September and of our Reign the sixth year 1694. Sic subscribitur Tweeddale Cancell: Annandale Forfar, Breadalbane, Tarbat, Yester, Carmichaell, James Steuart, Adam Cokburne.

[6 September] Eodem Die Post meridium

A1694/9/201

Proclamation

A proclamation for bringing in the Lists and determining Debates about the Polemoney

The proclamation after insert, Being read, approven and signed was ordered to be recorded, wherof the Tenor followes. William and Mary By the grace of God, King and Queen of great Britain, France and Ireland, Defender of the faith, To and etc Macers of our privy Council, messengers at armes, our Shereffs in that pairt Conjunctllie and severallie specially constitut greeting, Forasmuch as albeit2 by the ninth Act of the fourth Cession of this our Current parliament The Commissioners of supply within the severall shyres and magistrats of the severall burghes Royall of this kingdom are appointed and ordained to meet at the respective places mentioned in the said Act and upon the particular dayes of the moneth of August last bypast and take up rolls and Lists of all the poleable persons within their respective bounds, containing the names, qualities and degrees of the severall persons and valow of the Estates belonging to them conform to the said act. and we by our proclamation of the date, the second day of the said moneth of August last required and commanded the Commissioners of our supply to goe dilligently about the making up of the saids lists and Impouered them to condescend upon and Designe ane Heretor above ane hundered pound scots of valued rent, at liest in each parioch wher no Commissioner or magistrat lives, who being 3 so designed should proceed and make up the rolls and state the pole money within the said parioch and report the Lists so made up to the Clerk of the Commissioners of supply who was to transmitt the same with the lists made up by the Commissioners themselves of the severall parioches within which they dwell to the office of the pole money keept at Edinburgh betuixt and the day appointed by the forsaid act of parliament. yet in many shires within this kingdome the saids Commissioners of supply and magistrats of burghs have Either not at all mett or where they have mett did not nominat persons in the severall parioches to make up the Rolls and state the pole money, or wher persons have bein nominat within the severall parioches, they have bein negligent and failled in performance of what was Injoyned and required of them by the forsaid act of parliament anent the pole money and our former proclamatione following theron, Therfor we with advice of the Lords of our privy Council peremptorly Require and Command the Commissioners of Supply within the severall shyres and magistrats of burghes within this our ancient Kingdom To meet and mak up lists and rolls of the poleable persons within the severall 4 parioches wher they dwell and to nominat and appoint one Heretor within every parioch of ane hundered pound scots of valued rent, at liest who being so designed, We herby requir and Command them to make up the Lists and rolls of the poleable persones within their severall bounds Containing the names, qualities and degrees of the severall persons and the valow of the Estates belonging to them and transmitt the same to the Clerks of the Commissioners of Supply who are to send them to the pole money office at Edinburgh conform to the former proclamatione made theranent. And we with advice forsaid require and command the saids severall Commissioners and particular Heritors designed within each parioch by them, To attend at the Parioch Church within their respective bounds upon such a day in the forenoon as shal be intimate to5 them by the Farmers of the polemoney and to the Inhabitants within the said parioch at the Church door therof upon the sunday after divin service preceeding the said day, and ther to Judge and determin all debates and Contraversies that shall arise betwixt any of our Leidges within the said parioch and the farmors of our pole money or their subfermors or Collectors anent the said pole money, Lists therof, qualities or degrees of the severall persones within the said parioch and valow of the Estates belonging to them, whose sentance therin shall be sufficiant warrand and rule according wherunto they are to Collect and Levy the said pole money, Certifieing the saids Commissioners and magistrats of Burghes who shall Either faill to meet or being mett, faile to designe Heretors of the severall parioches for making up the saids Rolls and Lists and the saids heretors being so designed and particular Commissioners within the parioches wher they dwell respectively who shall not deuly make up the Roles and Lists and deliver the same to the Clerk of supply in maner forsaid and who shall not punctually attend at the respective parioch Churches to Judge and determin in the Cases above Exprest upon Intimation givin in maner above mentioned, Our Letters of horning shall be direct against them and each of them at the Instance of any of the Farmors of the pole money their subtacksmen or Collectors, Charging them therto under the paine of five pound scots totius quoties to be payed to the Chairgers And we hereby require the Clerks of our privy Council to grant to them the forsaid Letters of horning in Common form to that Effect And for the more easie stating the said pole money and uplifting therof, we with advice of our privy Council and conform to the power granted to them by the forsaid act of Parliament, herby command and require all Heretors or at liest their Tutors Factors or Chamberlaines to give in to the said respective Commissioner or Heretor designed for the parioch in which they dwell, within the tyme Contained in the said act of Parliament, the number and names of all the Tennents who have taken lands or houses immediatly of the Heretors or proprietors and all Tennants 6 in lands or houses to give in, In maner forsaid, the number and names of their subtennents and Cottars under the paine of Tuelve shilling scots for each Tutor factor or Chamberlaine and six shilling scots for each Tennant failling in the premisses, To be applyed to the use of our saids Fermors their subtacksmen or Collectors by and attour the said pole money wherin they are respective Lyable Our will is Herefore and ue Chairge yow strictly and Command, that in Continent these our Letters seen, ye pass to the mercat cross of Edinburgh and the remanent Mercat Crosses of the head Burghes of the severall shires within this Kingdome and ther in our name and authority by open proclamation make Intimation of the premisses that non pretend ignorance. Givin under our signet at Edinburgh the sixt day of September and of our Reign the sixth year 1694. Sic subscribitur Tweeddale Cancell: Annandale Forfar, Breadalbane, Tarbat, Yester, Carmichaell, James Steuart, Adam Cokburne.

1. NRS, PC1/50, 10-12.

2. Insertion.

3. The letter ‘d’ scored out here.

4. The word ‘shires’ scored out here.

5. Insertion, with the word ‘by’ scored out.

6. The word ‘of’ scored out here.

        

        

1. NRS, PC1/50, 10-12.

2. Insertion.

3. The letter ‘d’ scored out here.

4. The word ‘shires’ scored out here.

5. Insertion, with the word ‘by’ scored out.

6. The word ‘of’ scored out here.

        

Act, 6 September 1694 (pm), Edinburgh

[6 September] Eodem Die Post meridium

A1694/9/191

Act

[Deprivation Charles Kay minister at South Leith]

Anent the Lybell or Letters of Complaint Raised and persued befor the Lords of their Majesties privie Council at the Instance of Sir James Steuart their Majesties Advocat for their Highness Interest in the matter underwrittin, making mention That wher by the sixtin Act of the Convention of States Jaj vjc Eighty Nyn, It is ordained that all the Ministers of the Gospell within the Kingdome publickly pray for us King William and Queen Mary as King and Qween of this Realm, And by the Thretie fyfth Act of the second session of this our Current Parliament Jaj vjc and Nyntie, It is farder Statut That the said Act of the states be putt to farder Execution against all such ministers who have not as yet givin obedience therto by praying for us in maner forsaid, Lykas by the Sixth Act of the fourth Session of this our present Parliament Jaj vjc and Nyntie thrie It is Statute that all preachers and ministers of the Gospell whatsomever shall swear the oath of alledgance and subscryve the Assurance subjoyned to the said Act befor the persons appointed to administerat the same, and that Betuixt and the dayes set for that Effect, and that under the paine that Ministers provided to Kirks, and not swearing and subscryving, as said is, shall be depryved of their Benefices. As also it is the duty of all Ministers of the Gospell to Observe and Celebrat fasts and thanksgivings in maner prescrybed the acts and proclamations Emitted theranent, and under the certification therin set doun. Nevertheless it is of verity. That Mr Charles Key, one of the Ministers of South Leith, shakeing off all his Duty to their Majesties King William and Queen Mary and notwithstanding of the said Act of Convention and acts of Parliament and others forsaid, He hath not and doeth not publickly pray for us King William and Qween Mary as king and queen of this Realm. But tho he hath sometimes made a shew of doing the same, yet hath he never at any time done it in the Express terms of the Act of Convention, But either for the most prayes generally and ambiguouslie, for the King and Qween and all the Royall familie, And frequently with other words and Circumstances that plainly Enough point at ane other meaning then to be for King William and Queen Mary as King and Queen of this Realm, Or if at any time he hath named them to Elud the Law, It hath bein in no better terms, or at Lest in one or other of the dayes of his publick preaching since the making of the saids Acts, He hath used these terms, That God would bless our King and Queen, and William and Mary, Or our King and Qween, William and Mary and the rest of the Royall family, By which his purpose of Evading and declyning the obedience dew to the law and his duty to us is sufficently manifest Lykas to Evince his insincerity and double dealling in the said mater, and that he never Intended to pray for us as King and Queen of this Realm, He hath refused, at liest hitherto hath not obeyed the Law nor taken the Oath of Alledgance nor subscrybed the assurance, but hath contemptuously suffered the severall dayes appointed by the saids Acts of Parliament, as first the Tuentie of June and then the tenth of Jully both last bypast, To Elapse without taking and subscribing the said oath and assurance as his other Bretherin of the Presbetry did befor the Persons therto appointed and yet still possesses his Kirk, notwithstanding that by the forsaids Acts he be depryved therfrae, nor hath he at any time keeped the publick fasts and thanksgivings appointed since the late happy Revolution according to the trew meaning and intent of the acts and proclamations Emitted theranent, But making almost a bare shew of publick preaching and praying, hath not at all noticed the duty of the day in Either preaching or praying suteably therto, But hath prayed and preached Either quite Indifferently or somtimes, specially on dayes of fasting, with Noads and Insinuations, That he keeped the day for quite other persons and things then was Intended by the saids Acts and proclamations, as particularly by saying In his preaching on ane of the saids dayes of fasting, It will be a token of averting our Captivity, If Kings and great ones of the Earth were weeping, fasting and mourning etc with many other Expressiones then and at other Occasions of the same Import, of all which transgressions and delinquincies, the said Mr Charles Key being found guilty, airt and pairte, He ought to be punished by the paines of Law, To the Example and terror of others to committ the like in tyme comeing, And anent the Chairge givin to the said defenders to have Compeared befor the saids Lords at ane Certan day nou bygone, To have ansuered to the poynts of the above Complaint And to have heard and seen such order and Course taken theranent as the saids Lords should think fitt under the paine of Rebellion etc as the principall Lybell or Complaint and Executions therof more fully bears, Which Lybell or Complaint being this day called in presence of the saids Lords of their majesties privy Council and the said Sir James Steuart their Majesties Advocat for their highness intress. Compearing personally, and the said Mr Charles Key defender Compeared also personally, The Lybell and answers therto givin be the said defender, Being read, Their Majesties Advocat Declared that he insisted against the said Mr Key upon that poynt of the Lybell, that he hes not qualified himself in the terms of the Act of parliament by taking the oath of alledgance and assurance and therfor Craved he might be depryved and ordained to remove from Manse and Gleib. The saids Lords having Considered the Lybell and ansuers made therto for Mr Key, They have depryved and hereby deprives, The said Mr. Charles Key from his benefice as one of the Ministers of the kirk of South Leith, and declares the said Church vacant as to him, And have discharged and herby discharges him to preach or Exercise any other pairt of his Ministeriall function within the parioch of South Leith, And decerns and ordaines him to flitt and remove himself, family and servants from the manse and Gleib, and Leave the same voyd and red betuixt and the feast and term of mertimess nixt to come And ordaines Letters of horneing under the signet of Councill upon fiftin dayes and other executorialls needfull to pass heron in form as Effeirs

[6 September] Eodem Die Post meridium

A1694/9/191

Act

[Deprivation Charles Kay minister at South Leith]

Anent the Lybell or Letters of Complaint Raised and persued befor the Lords of their Majesties privie Council at the Instance of Sir James Steuart their Majesties Advocat for their Highness Interest in the matter underwrittin, making mention That wher by the sixtin Act of the Convention of States Jaj vjc Eighty Nyn, It is ordained that all the Ministers of the Gospell within the Kingdome publickly pray for us King William and Queen Mary as King and Qween of this Realm, And by the Thretie fyfth Act of the second session of this our Current Parliament Jaj vjc and Nyntie, It is farder Statut That the said Act of the states be putt to farder Execution against all such ministers who have not as yet givin obedience therto by praying for us in maner forsaid, Lykas by the Sixth Act of the fourth Session of this our present Parliament Jaj vjc and Nyntie thrie It is Statute that all preachers and ministers of the Gospell whatsomever shall swear the oath of alledgance and subscryve the Assurance subjoyned to the said Act befor the persons appointed to administerat the same, and that Betuixt and the dayes set for that Effect, and that under the paine that Ministers provided to Kirks, and not swearing and subscryving, as said is, shall be depryved of their Benefices. As also it is the duty of all Ministers of the Gospell to Observe and Celebrat fasts and thanksgivings in maner prescrybed the acts and proclamations Emitted theranent, and under the certification therin set doun. Nevertheless it is of verity. That Mr Charles Key, one of the Ministers of South Leith, shakeing off all his Duty to their Majesties King William and Queen Mary and notwithstanding of the said Act of Convention and acts of Parliament and others forsaid, He hath not and doeth not publickly pray for us King William and Qween Mary as king and queen of this Realm. But tho he hath sometimes made a shew of doing the same, yet hath he never at any time done it in the Express terms of the Act of Convention, But either for the most prayes generally and ambiguouslie, for the King and Qween and all the Royall familie, And frequently with other words and Circumstances that plainly Enough point at ane other meaning then to be for King William and Queen Mary as King and Queen of this Realm, Or if at any time he hath named them to Elud the Law, It hath bein in no better terms, or at Lest in one or other of the dayes of his publick preaching since the making of the saids Acts, He hath used these terms, That God would bless our King and Queen, and William and Mary, Or our King and Qween, William and Mary and the rest of the Royall family, By which his purpose of Evading and declyning the obedience dew to the law and his duty to us is sufficently manifest Lykas to Evince his insincerity and double dealling in the said mater, and that he never Intended to pray for us as King and Queen of this Realm, He hath refused, at liest hitherto hath not obeyed the Law nor taken the Oath of Alledgance nor subscrybed the assurance, but hath contemptuously suffered the severall dayes appointed by the saids Acts of Parliament, as first the Tuentie of June and then the tenth of Jully both last bypast, To Elapse without taking and subscribing the said oath and assurance as his other Bretherin of the Presbetry did befor the Persons therto appointed and yet still possesses his Kirk, notwithstanding that by the forsaids Acts he be depryved therfrae, nor hath he at any time keeped the publick fasts and thanksgivings appointed since the late happy Revolution according to the trew meaning and intent of the acts and proclamations Emitted theranent, But making almost a bare shew of publick preaching and praying, hath not at all noticed the duty of the day in Either preaching or praying suteably therto, But hath prayed and preached Either quite Indifferently or somtimes, specially on dayes of fasting, with Noads and Insinuations, That he keeped the day for quite other persons and things then was Intended by the saids Acts and proclamations, as particularly by saying In his preaching on ane of the saids dayes of fasting, It will be a token of averting our Captivity, If Kings and great ones of the Earth were weeping, fasting and mourning etc with many other Expressiones then and at other Occasions of the same Import, of all which transgressions and delinquincies, the said Mr Charles Key being found guilty, airt and pairte, He ought to be punished by the paines of Law, To the Example and terror of others to committ the like in tyme comeing, And anent the Chairge givin to the said defenders to have Compeared befor the saids Lords at ane Certan day nou bygone, To have ansuered to the poynts of the above Complaint And to have heard and seen such order and Course taken theranent as the saids Lords should think fitt under the paine of Rebellion etc as the principall Lybell or Complaint and Executions therof more fully bears, Which Lybell or Complaint being this day called in presence of the saids Lords of their majesties privy Council and the said Sir James Steuart their Majesties Advocat for their highness intress. Compearing personally, and the said Mr Charles Key defender Compeared also personally, The Lybell and answers therto givin be the said defender, Being read, Their Majesties Advocat Declared that he insisted against the said Mr Key upon that poynt of the Lybell, that he hes not qualified himself in the terms of the Act of parliament by taking the oath of alledgance and assurance and therfor Craved he might be depryved and ordained to remove from Manse and Gleib. The saids Lords having Considered the Lybell and ansuers made therto for Mr Key, They have depryved and hereby deprives, The said Mr. Charles Key from his benefice as one of the Ministers of the kirk of South Leith, and declares the said Church vacant as to him, And have discharged and herby discharges him to preach or Exercise any other pairt of his Ministeriall function within the parioch of South Leith, And decerns and ordaines him to flitt and remove himself, family and servants from the manse and Gleib, and Leave the same voyd and red betuixt and the feast and term of mertimess nixt to come And ordaines Letters of horneing under the signet of Councill upon fiftin dayes and other executorialls needfull to pass heron in form as Effeirs

1. NRS, PC1/50, 8-10.

        

        

        

1. NRS, PC1/50, 8-10.

        

Sederunt, 6 September 1694 (pm), Edinburgh

[6 September] Eodem Die Post meridium1

A1694/9/182

Sederunt

Sederunt ut ante meridiam Cum Sir Thomas Livingston who was not present in the forenoon

[6 September] Eodem Die Post meridium1

A1694/9/182

Sederunt

Sederunt ut ante meridiam Cum Sir Thomas Livingston who was not present in the forenoon

1. NRS, PC1/50, 8.

2. NRS, PC1/50, 8.

        

        

1. NRS, PC1/50, 8.

2. NRS, PC1/50, 8.