Act, 7 January 1692, Edinburgh

Att Edinburgh The Seventh day of January Jaj vjc nyntie tuo years

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Act

Act The Master of Burleigh and others

Anent a Petition given in to the Lords of their Majesties privy Councill be Robert Master of Burleigh and remanent persones underwritten Shewing That wher some heritors of Coall rent in Fyfe haveing meaned themselves to the saids Lords have obtained freedome from paying any cess for ther Coall rent especallie wher the Coall is become altogither useless to them, and now the Coall rents belonging to the Earle of Murray and the said Master of Burleigh at the Keltie Heughes being valued one Hundred and fiftie pund rent each of them is become of no use the Coall being quyt away, And sucklyke the Laird of Balmoutoes Coall rent of one hundred sixtein pund threten shilling four pennes rent and the Laird of Baldriggs of Sixtie six punds thretein shill four penies all are given up, and it is not reasonable that they should pay cess for a rent which they had nothing of, and which is quyte extinguished, Bot raither that the samen should be given doune and the partie which is now quartering for the samen Discharged and the saids Lords would find some other way they thought fittest for makeing up the totall of the shyre and not to sufer the petitioners to be appressed in paying cess for a rent which is not in rerum natura as the Commissioners of the shyre shall make it up And Therfore Humbly Craveing the saids Lords to Discharge the present quartering untill some way be taken by the saids Lords or the Commissioners of the Shyre to take any other way for makeing up the totall of the shyre as the petitioner bears. The Lords of ther Majesties Privy Councill haveing heard this petition given in to them be the Master of Burghly Read in their presence They ordaine the Collector of the shyre within which the Master of Burghlies Coall Lyes, To see the same, and appoints him to accquaint the Commissioners of assessment of the said shyre therwith, and appoints them to given in their answers therto betuixt and the nynth day of February nixt to come, and Discharging all quartering to be used against the said master till the saids ansuers be given in to, and advysed be the saids Lords of Councill, and if ther be any parties allready quartured up on the master Ordaines them to be removed for the masters proportion of the cess of the above Coall Conform to the valuation of the shyre.

At Edinburgh 7 January 1692

D1692/1/81

Act

Act for the Master of Burleigh and others

Concerning a petition given in to the lords of their majesties’ privy council by Robert [Balfour] Master of Burleigh and remaining persons underwritten, showing that where some heritors of coal rent in Fife having submitted themselves to the said lords have obtained freedom from paying any cess for their coal rent, especially where the coal has become altogether useless to them, and now the coall rents belonging to the earl of Murray and the said Master of Burleigh at the Keltie Heughes being valued at one hundred and fifty pounds rent each of them has become of no use, the coal being quit away, and likewise the Laird of Balmuto’s coal rent of one hundred and sixteen pounds, thirteen shillings and four pennies rent and the Laird of Baldridge of sixty six pounds, thirteen shillings and four pennies all are given up, and it is not reasonable that they should pay cess for a rent which they had nothing of, and which is quite extinguished, but rather that the same should be given down and the party which is now quartering for the same discharged and the said lords would find some other way they thought most fit for making up the total of the shire and not to suffer the petitioners to be oppressed in paying cess for a rent which is not in in the nature of things as the commissioners of the shire shall make it up, and therefore humbly craving the said lords to discharge the present quartering until some way be taken by the said lords or the commissioners of the shire to take any other way for making up the total of the shire as the petitioner bears. The lords of their majesties’ privy council having heard this petition given in to them by the Master of Burleigh read in their presence they ordain the collector of the shire within which the Master of Burleigh’s coall lyes, to see the same and appoints him to acquaint the commissioners of assessment of the said shire therewith, and appoints them to give in their answers thereto between now and the ninth day of February next to come, and discharging all quartering to be used against the said master until the said answers be given in to, and advised by the saids lords of council, and if there be any parties already quartered up on the master ordain them to be removed for the master’s proportion of the cess of the above coal conforming to the valuation of the shire.

1. NRS, PC2/24, 5v-6r.

1. NRS, PC2/24, 5v-6r.

Warrant, 7 January 1692, Edinburgh

Att Edinburgh The Seventh day of January Jaj vjc nyntie tuo years

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Warrant

Warrand anent Hanna Salmon drumer prisoner in the toune guard for Robbery

The Lords of thir Majesties privy Councill being informed by the magistrats of Edinburgh that they have seazed upon Hanna Salmon a drumer in Sir James Lesslies regiment and have comitted him prisoner in their toune guard for robbing a woman of her pleid betuixt Leith and Edinburgh on Tuesday last betuixt five and six a cloack in the evening, And Sir Thomas Livingstoune Commander in cheif of their Majesties forces within this kingdom haveing accquanted their Lordships that the officers of the said regiment have informed him that the person Comitted to the guard of Edinburgh is Innocent of the said cryme and that the persones guilty therof are prisoners in their guard The saids Lords of privy Councill Doe heirby Recomend to the said Sir Thomas Livingston to call and hold a Councill of Warr upon on the persones alledged guilty of the forsaid Robbery and to take tryall therof and give sentance against and cause punish the persones who shall be found guilty of the same according to their demerite and gives order and warrand to the magistrats of Edinburgh and Captaine of their toune Company of guards to deliver the said Hanna Salmon to these whom the said Sir Thomas Livingstoune shall Impower to receive and requyre Him from their hands.

At Edinburgh 7 January 1692

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Warrant

Warrant concerning Hanna Salmon drummer, prisoner in the town guard for Robbery

The lords of their majesties’ privy council being informed by the magistrates of Edinburgh that they have seized upon Hanna Salmon, a drummer in Sir James Leslie’s regiment and have committed him prisoner in their town guard for robbing a woman of her plaid between Leith and Edinburgh on Tuesday last between five and six o’clock in the evening, and Sir Thomas Livingston, commander in chief of their majesties’ forces within this kingdom, having acquainted their lordships that the officers of the said regiment have informed him that the person committed to the guard of Edinburgh is innocent of the said crime and that the persons guilty thereof are prisoners in their guard, the said lords of privy council do hereby recommend to the said Sir Thomas Livingston to call and hold a council of war upon on the persons alleged guilty of the forsaid robbery and to take trial thereof and give sentence against and cause punish the persons who shall be found guilty of the same, according to their demerite, and gives order and warrant to the magistrates of Edinburgh and captain of their town company of guards to deliver the said Hanna Salmon to those whom the said Sir Thomas Livingston shall empower to receive and require him from their hands.

1. NRS, PC2/24, 5v.

1. NRS, PC2/24, 5v.

Sederunt, 7 January 1692, Edinburgh

Att Edinburgh The Seventh day of January Jaj vjc nyntie tuo years1

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Sederunt

Duke of Hamilton p:; Marquis of Douglas; Earl of Crafurd; Earl of Mortane; Lord Raith; Lord Ruthven; Master of Burleigh; Laird of Pollock; Laird of Stivenson; Laird of Leyes; Sir Thomas Livingstoun

At Edinburgh 7 January 16921

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Sederunt

[William Douglas] duke of Hamilton preces; [James Douglas] marquis of Douglas; [William Lindsay] earl of Crawford; [James Douglas] earl of Morton; [Alexander Melville] Lord Raith; [David] Lord Ruthven; [Robert Balfour] master of Burleigh; [Sir John Maxwell] laird of Pollok; [Sir Robert Sinclair] laird of Stevenson; [Sir Thomas Burnet] laird of Leys; Sir Thomas Livingston

1. NRS, PC2/24, 5v.

2. NRS, PC2/24, 5v.

1. NRS, PC2/24, 5v.

2. NRS, PC2/24, 5v.

Procedure: committee formed, 7 January 1692, Edinburgh

Att Edinburgh The Seventh day of Janwary Jaj vjc nyntie tuo years

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Procedure: committee formed

Committee anent William Frazer

Petitione of William Frazer who was taken after he came From the Bass Declaring he will cast himself upon the Kings mercy Craving to have his case represented to the King Redd and Recommended to the Lord Ruthven and Sir Thomas Livingstoune to Call for and examine the petitioner and report to the Councell2

At Edinburgh 7 January 1692

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Procedure: committee formed

Committee concerning William Frazer

Petition of William Fraser who was taken after he came from the Bass declaring he will cast himself upon the king’s mercy craving to have his case represented to the king read and recommended to [David] Lord Ruthven and Sir Thomas Livingstone to call for and examine the petitioner and report to the council.

1. NRS, PC1/47, 565.

2. The rest of the page has been scored out, including the words ‘whill deest’ part-way down the space.

1. NRS, PC1/47, 565.

Order: recommendation, 7 January 1692, Edinburgh

Att Edinburgh The Seventh day of Janwary Jaj vjc nyntie tuo years

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Order: recommendation

Recommendation for aliment to John Thomsone and order for prosecuting David Hay

The Lords of their Majesties privy Councell Having Considered a petitione Given In to them Be John Thomsone prisoner In the tolbooth of Edinburgh Craving that David Hay maltman in Lanerk Imprisoned in the tolbooth of Edinburgh for making use of poysone in posoyning of Rotts may be putt to ane legall tryall That the petitioners Innocencie in the affair may be made appear And in the mean tyme to ordaine the petitioner ane aliment and not lett him starve for want They hierby Recommend to the Lords of their Majesties Thesaurie to Cause payment be made to the petitioner of ane Competent soume for his aliment during his Imprisonment In case their Lordships shall find that he stands in need of the same And appoyntes ther Majesties Sollicitor and his assistants to Intent and prosecute a Cryminall Indytement against the petitioner and David Hay above designed before the Lords of Justiciarie for the said Cryme

At Edinburgh 7 January 1692

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Order: recommendation

Recommendation for aliment to John Thomson and order for prosecuting David Hay

The lords of their majesties’ privy council having considered a petition given in to them by John Thomson, prisoner in the tolbooth of Edinburgh, craving that David Hay maltman in Lanark, imprisoned in the tolbooth of Edinburgh for making use of poison in poisoning of rotts may be put to a legal trial that the petitioner’s innocence in the affair may be made apparent, and in the meantime to ordain the petitioner an aliment and to not let him starve for want. They hereby recommend to the lords of their majesties’ treasury to cause payment be made to the petitioner of a competent sum for his aliment during his imprisonment in case their lordships shall find that he stands in need of the same, and appoints their majesties’ solicitor and his assistants to intent and prosecute a criminal indictment against the petitioner and David Hay above designed before the lords of justiciary for the said crime.

1. NRS, PC1/47, 565.

1. NRS, PC1/47, 565.

Act, 7 January 1692, Edinburgh

Att Edinburgh The Seventh day of Janwary Jaj vjc nyntie tuo years

A1692/1/161

Act

Liberation Captain John Livingstoune

Anent a petitione Given In to the Lords of their Majesties privy Councell Be Captaine John Livingstoune Sheuing That the petitioner by his closs Confynment to his Chamber hes Contracted deseases and great Indispositione of body But more especially the petitioners wyfe hes been sick these seven monthes bygone And now Everie houre poeple are attending to see her breath out her last And Cannot receave from the petitioner such propper assistance In her dying Conditione unless ther Lordships release the petitioner from his closs Confynment and Give him Liberty to goe abroad out of his house as is Granted to these of the same Circumstance And having but one Chamber in the House it is most Impropper and Inconvenient to the petitioner to be Confyned thereto In such a tyme when christian deuties are to be performed to his wyfe both before and after death. And therfore Humblie Craving their Lordships In Consideratione of the premisses to Grant to the petitioner such Libertie of going out of his House as is granted to those of the same Circumstances as the said petitione Bears The saids Lords of their Majesties privy Councell Having Considered this petitione Given In to them Be the said Captain Livingstone They heirby Give ordor and warrand to the Commanding officer of the Guairds in the Cannongate under whose Centinells the said Captaine is prisoner at his oune house In the Cannongate To Remove the saids Centinells from of the petitioner In respect He hath Found sufficient Cautione acted in the Books of privy Councell That he shall Live peacablie and with all submissione to the present government under their Majesties King William and Queen Mary And that he shall not Act consult or Contryve any thing In prejudice thereof And that he shall not converss or Correspond with rebells And that he shall appear before the Lords of their Majesties privie Councell when called for under the penaltie of fyve hundreth merks Scotts money And that he shall not depart furth from the toune of Edinburgh priviledges thereof and a mylle about the same under the same penaltie

At Edinburgh 7 January 1692

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Act

Liberation of Captain John Livingstone

Concerning a petition given in to the lords of their majesties’ privy council by Captain John Livingstone showing that the petitioner by his close confinement to his chamber has contracted diseases and great indisposition of body, but more especially the petitioner’s wife has been sick these seven months bygone, and now every hour people are attending to see her breathe out her last, and cannot receive from the petitioner such proper assistance in her dying condition unless their lordships release the petitioner from his close confinement and give him liberty to go abroad out of his house, as is granted to those of the same circumstance, and having but one chamber in the house it is most improper and inconvenient to the petitioner to be confined thereto in such a time when Christian duties are to be performed to his wife both before and after death. And therefore humbly craving their lordships in consideration of the premises to grant to the petitioner such liberty of going out of his house as is granted to those of the same circumstances, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the said Captain Livingstone they hereby give order and warrant to the commanding officer of the guards in the Canongate, under whose sentinels the said captain is prisoner at his own house in the Canongate, to remove the said sentinels from of the petitioner in respect he has found sufficient caution acted in the books of privy council that he shall live peaceably and with all submission to the present government under their majesties King William and Queen Mary, and that he shall not act, consult or contrive anything in prejudice thereof, and that he shall not converse or correspond with rebels, and that he shall appear before the lords of their majesties’ privy council when called for under the penalty of five hundred merks scots money, and that he shall not depart furth from the town of Edinburgh privileges thereof, and a mile about the same under the same penalty.

1. NRS, PC1/47, 564-5.

1. NRS, PC1/47, 564-5.

Sederunt, 7 January 1692, Edinburgh

Att Edinburgh The Seventh day of Janwary Jaj vjc nyntie tuo years1

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Sederunt

Duke of Hamilton; Marquis of Douglass; Earl of Craufurd; Earl of Mortoune; Lord Raith; Lord Ruthven; Master of Burleigh; Laird of Pollock; Laird of Stevensone; Laird of Leyes; Sir Thomas Livingstoune

At Edinburgh 7 January 16921

A1692/1/152

Sederunt

[William Douglas] duke of Hamilton; [James Douglas] marquis of Douglas; [William Lindsay] earl of Crawford; [James Douglas] earl of Morton; [Alexander Melville] Lord Raith; [David] Lord Ruthven; [Robert Balfour] master of Burleigh; [Sir John Maxwell] laird of Pollok; [Sir Robert Sinclair] laird of Stevenson; [Sir Thomas Burnet] laird of Leys; Sir Thomas Livingstone

1. NRS, PC1/47, 564.

2. NRS, PC1/47, 564.

1. NRS, PC1/47, 564.

2. NRS, PC1/47, 564.