Tag Archives: 8 November 1692

Act, 8 November 1692, Edinburgh

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Edinburgh the Eight day of November Jaj vjc nyntie two years

D1692/11/41

Act

Act John Aitchison to be baillie of Thirlstain etc

Anent the petitione given in to the Lords of their Majesties privy Councill be John William Anna and Jean Hayes Childrein to John Lord Yester and the said John Lord Yester as administrator of the law to them and the others Creditors of the deceast John Duke of Lauderdale Shewing That quher Mr Alexander Brown of Thorndykes was appointed factor for uplifting of the rents of their Lordship of Lauderdale and Mussleburgh and others which pertained to the deceast John Duke of Lauderdale and now to the petitioners and the other Creditors as haveing adjudged the Samen And that for the use and behoove of the petitioners and the other Creditors, And Seing ther is wanting a baillie depute within the regality of Thirlstaine and Musleburgh before whom the said factor might pursue the tenents vassells and possessions of the saids lands for the rents, Which is great prejudice to the haill Creditors as also to those who receid and live within that Jurisdictione And seing John Aitchisone of Houdin is a fitt and qualified persone for being baillie and does receid within the said Jurisdictione And Therfore humbly supplicating to the effect aftermentioned The Lords of their majesties privy Councill haveing Considered this petition given in to them be the Creditors of Lauderdale They heirby Nominat and appoint John Aitchisone of Howdin to be baillie of the Regalities of Thirlstaine Musleburgh and Bailliarie of Lauderdale with power to him to hold and affirme Courts fyne and amerciat and doe every other thing that any baillie heirtofoir might have done The said baillie allwayes qualifieing himself by swearing and signeing the oath of alledgance and signeing the assurance appointed by act of Parliament before he enter upon the exercise of the said office, And Report the same to the Clerks of privy Councill.

Edinburgh the Eight day of November Jaj vjc nyntie two years

D1692/11/41

Act

Act John Aitchison to be baillie of Thirlstain etc

Anent the petitione given in to the Lords of their Majesties privy Councill be John William Anna and Jean Hayes Childrein to John Lord Yester and the said John Lord Yester as administrator of the law to them and the others Creditors of the deceast John Duke of Lauderdale Shewing That quher Mr Alexander Brown of Thorndykes was appointed factor for uplifting of the rents of their Lordship of Lauderdale and Mussleburgh and others which pertained to the deceast John Duke of Lauderdale and now to the petitioners and the other Creditors as haveing adjudged the Samen And that for the use and behoove of the petitioners and the other Creditors, And Seing ther is wanting a baillie depute within the regality of Thirlstaine and Musleburgh before whom the said factor might pursue the tenents vassells and possessions of the saids lands for the rents, Which is great prejudice to the haill Creditors as also to those who receid and live within that Jurisdictione And seing John Aitchisone of Houdin is a fitt and qualified persone for being baillie and does receid within the said Jurisdictione And Therfore humbly supplicating to the effect aftermentioned The Lords of their majesties privy Councill haveing Considered this petition given in to them be the Creditors of Lauderdale They heirby Nominat and appoint John Aitchisone of Howdin to be baillie of the Regalities of Thirlstaine Musleburgh and Bailliarie of Lauderdale with power to him to hold and affirme Courts fyne and amerciat and doe every other thing that any baillie heirtofoir might have done The said baillie allwayes qualifieing himself by swearing and signeing the oath of alledgance and signeing the assurance appointed by act of Parliament before he enter upon the exercise of the said office, And Report the same to the Clerks of privy Councill.

1. NRS, PC2/24, 129v-130r.

1. NRS, PC2/24, 129v-130r.

Procedure, 8 November 1692, Edinburgh

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Edinburgh the Eight day of November Jaj vjc nyntie two years

D1692/11/31

Procedure

[Serjant Bland]

The Councill Finding the probation in the process at the instance of the Laird of Ormistoune against Serjant Bland were wery active in the ryot found proven They left it to Ormistoune to raise a lybell against him

Edinburgh the Eight day of November Jaj vjc nyntie two years

D1692/11/31

Procedure

[Serjant Bland]

The Councill Finding the probation in the process at the instance of the Laird of Ormistoune against Serjant Bland were wery active in the ryot found proven They left it to Ormistoune to raise a lybell against him

1. NRS, PC2/24, 129v.

1. NRS, PC2/24, 129v.

Warrant, 8 November 1692, Edinburgh

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Edinburgh the Eight day of November Jaj vjc nyntie two years

D1692/11/21

Warrant

Warrand for Subsistance money to Serjant Bland

The Lords of their majesties privy Councill being Informed that Serjant John Bland who haveing been pursued before the saids Lords at the instance of Adam Cockburne of Ormistoune Is by their Lordships Remitted to be pursued before the Lords of Justiciarij, Is in a mean cause and not able to mantaine himself and Considering that he is a Serjant in Coll Cuninghames Regiement of Dragoons They heirby appoint the said Collonell to make payment to the said Serjant of his Subsistance money day by day dureing the tyme of his Imprisonment

Edinburgh the Eight day of November Jaj vjc nyntie two years

D1692/11/21

Warrant

Warrand for Subsistance money to Serjant Bland

The Lords of their majesties privy Councill being Informed that Serjant John Bland who haveing been pursued before the saids Lords at the instance of Adam Cockburne of Ormistoune Is by their Lordships Remitted to be pursued before the Lords of Justiciarij, Is in a mean cause and not able to mantaine himself and Considering that he is a Serjant in Coll Cuninghames Regiement of Dragoons They heirby appoint the said Collonell to make payment to the said Serjant of his Subsistance money day by day dureing the tyme of his Imprisonment

1. NRS, PC2/24, 129v.

1. NRS, PC2/24, 129v.

Sederunt, 8 November 1692, Edinburgh

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Edinburgh the Eight day of November Jaj vjc nyntie two years1

D1692/11/12

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Viscount Stair President; Lord Beilhaven; Master of Forbes; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fr: Montgomrie; Laird of Blackbarrony; Laird of Stivenson; Sir William Lockhart; Sir Patrick Murray

Edinburgh the Eight day of November Jaj vjc nyntie two years1

D1692/11/12

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Viscount Stair President; Lord Beilhaven; Master of Forbes; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fr: Montgomrie; Laird of Blackbarrony; Laird of Stivenson; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 129v.

2. NRS, PC2/24, 129v.

1. NRS, PC2/24, 129v.

2. NRS, PC2/24, 129v.

Order, 8 November 1692, Edinburgh

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Att Edinburgh the Eight day of November Jaj vjc and nyntie tuo years

A1692/11/181

Order

Letters of denunciation Sollicitor against Conversers with the Late King James

William and Mary be the Grace of God King and Queen of Great Brittaine France and Ireland defenders of the faith To […] macers of our privie Councill messengers at armes our shirreffs in that pairt Conjunctly and severallie Constitute greeting Anent the Lybell raised and persued befor the Lords of our privie Councill at the Instance of Sir William Lockhart our sollicitor for our Interest in the matter underwreitten mentioneing That whereas by the Comon law the lawes of all well governed nationes The Lawes and practice of this Kingdome That subjects there keeping Correspondence or Comunicatione with these of aneother natione and state after warr is declared And there withdrawing themselves from there oune native countrey Especially in tyme of warr and Joyneing with the enemyes of that natione and state whereof they are subject And the Endeavouring to subvert the Government Lawes and religion of there Countrey, The Entering into Combinatione with strangers Intyseing them to Invade any pairt of there majesties Dominions are crymes of ane high nature and severely punisheable And it being of verity that there Majestyes Haveing for many Just and reasonable causes Declared warr againest the French King The Enemy and Disturber of Christendome By which all there majesties subjects are discharged to hold correspondence or Comunicatione with the said French King and his subjects by there declaratione of the date the sixt day of August Jaj vjc Eightie nyne years Yet notwithstanding thereof true it is That the persones particularly efternamed viz George Duke of Gordon […] Earle of Lauderdaill […] Earle of Melfoord […] Lord Drummond Sir William Sharp of Stoniehill Sir James Montgomery of Skelmorly Mr William Livingstoun of Kilsyth […] Greine younger of Duntrune Sir William Wallace of Cragie Collonell […] Wachop […] Cannon pretended Collonell Captain Patrick Graham brother to […] Graeme of Inshbraco Major James Midletoun Captains Robert and William Charteris Captain John Ramsay sone to the Late Bishop of Ross Major Duncan Meinzies Leivetennent Colonell Rattray Leivetennent Oliphant Leivetennent Collonel Douglas, Captain […] Dobie Robert Stewart agent in Edinburgh Ensigne John Meinzies sone to the deceist […] Meinzies of Comrie and Major […] Gordoune In manifest Contempt of the Lawes and there Majesties authority Did in the moneths of Maij Junij Jullij August September october november December Jaj vjc Eighty nyne or in the moneths of Januarij Februarij march Apryll Maij Junij Jully August September october november December Jaj vjc nyntie or in the Moneths of Januarij Februarij march Apryll may Junij Jully August September october november December Jaj vjc and nyntie one or in the moneths of Januarij Februarij march Apryll maij Junij Jullij or August Jaj vjc and nyntie tuo years or ane or other of the dayes of the saids moneths Keep and hold Correspondence Communicatione or Intelligence with the Late King James or those Imployed by him aither in this Kingdome or alsewhere or did keep and hold Comunicatione correspondence or Intelligence with the French King or his subjects And the saids persones above Compleaned upon At Least severall of them haveing withdrawen themselves from this Kingdome and gone over to France and some other pairt of the French dominions They did Joyne and associat themselves with the Late King James The French or others there majestyes Enemyes And used there outmost endeavours to subvert the government Lawes and religion of this Kingdome And for that effect did enter into a most horrid and Cruell Combinatione with the Late King James, the French and others there Majesties Enemyes And did Intyse them to Invade this Kingdome and others there majesties Dominiones with French and Irish papists which they would certainly have done If by the great and singular providence of God Almightie there designes hade not been frustrat and dissappoynted by the Late great and happie victorie obtained by there majestyes fleet over that of France off which crymes or ane or other of them The saids persones above Compleaned upon are guilty actors airt and pairt And for the which crymes They ought to be exemplarly punished in there persones and goods to the terror of others to comitt or doe the Lyke in tyme comeing And Anent the Charge Given to the haill persones above Compleaned upon To have Compeared befor the saids Lords of there majesties privie Councill at ane certain day bygone To ansuer to the points of the above Complaint And to hear and see such order and course taken thereanent as appertaines under the pain of rebellion and putting of them to the horne with certification to them If they failzie2 our other other3 Letters should be direct simpliciter for putting them thereto. As the saids letters and executiones at more Length bears Which Letters being again called In presence of the saids Lords And the saids4 Sir William Lockhart Compearing personally as sollicitor for our Interest as persewer and the haill defenders being all Lawfully Cited Called and not Compearing The Saids Lords by there act of the day and dait hereof Granted Certificatione againest the haill defenders In respect of there absence and not Compearance Except Mr William Livingstoun of Kilsyth who is presently prisoner in the Castle of Edinburgh and Captain Robert Dobie who is under baill to the Councill and presently within this Kingdome and alse Excepting from the said Certificatione the above Duke of Gordone In respect he is prisoner at the Hague befor extracting of the said act As the said act of the date forsaid ordaining thir our Letters of Certificatione to be direct againest the saids haill defenders In maner underwreitten Excepting as is above excepted at more Length bears Our Will is Herefore And wee charge yow strictly and Command That Incontinent thir our Letters seen ye pass to the mercat Croce of […] and other places neadfull And there in our name and authority Duely Lawfullie and orderly denunce the saids haill persones above compleaned upon (Excepting the saids Duke of Gordon and Mr William Livingstoun of Kilsyth as said is) our rebells and putt them to our horne And escheitt and Inbring all there moveable goods and gear for our use for there Contemption and dissobedience And that ye cause registrat thir our Letters with there executiones conforme to the act of parliament according to Justice as ye will ansuer to us thereupon The which to doe wee comitt to yow Conjunctlie and severallie our full power be thir our Letters delyvering them be yow duely execute and Indorsat again to the bearer Given under our signet at Edinburgh the Eight day of november5 and of our reigne the fourt year Jaj vjc nyntie tuo years.

At Edinburgh 8 November 1692

A1692/11/181

Order

Letters of denunciation solicitor against conversers with the late king James

William and Mary, by the grace of God king and queen of Great Britain, France, and Ireland, defenders of the faith, to […] macers of our privy council, messengers at arms, our sheriffs in that part conjunctly and severally, constituted greeting. Concerning the libel raised and pursued before the lords of our privy council at the instance of Sir William Lockhart, our solicitor, for our interest in the matter underwritten, mentioning that whereas by the common law the laws of all well governed nations, the laws and practice of this kingdom, that subjects their keeping correspondence or communication with those of another nation and state after war is declared, and their withdrawing themselves from there own native country, especially in time of war, and joining with the enemies of that nation and state whereof they are subject, and the endeavouring to subvert the government, laws, and religion of their country, the entering into combination with strangers, enticing them to invade any part of their majesties’ dominions, are crimes of a high nature and severely punishable. And it being of verity that their majesties having for many just and reasonable causes declared war against the French king, the enemy and disturber of Christendom, by which all their majesties subjects are discharged to hold correspondence or communication with the said French king and his subjects by their declaration of the date 6 August 1689. Yet notwithstanding thereof, true it is that the persons particularly after named viz George [Gordon], duke of Gordon, [Richard Maitland,] earl of Lauderdale, [John Drummond,] earl of Melfort, Lord Drummond, Sir William Sharp of Stonyhill, Sir James Montgomerie of Skelmorlie, Mr William Livingston of Kilsyth, […] Green, younger of Duntroon, Sir William Wallace of Cragie, Colonel […] Wachop, […] Cannon, pretended Colonel, Captain Patrick Graham, brother to […] Graham of Inchbraco, Major James Middleton, Captains Robert and William Charteris, Captain John Ramsay, son to the late bishop of Ross, Major Duncan Menzies, Lieutenant Colonel Rattray, Lieutenant Oliphant, Lieutenant Colonel Douglas, Captain […] Dobie, Robert Stewart, agent in Edinburgh, Ensign John Menzies, son to the deceased […] Menzies of Comrie, and Major […] Gordoun, in manifest contempt of the laws and their majesties’ authority, did in the months of May, June, July, August, September, October, November, December 1689, or in the months of January, February, March, April, May, June, July, August, September, October, November, December 1690, or in the months of January, February, March, April, May, June, July, August, September, October, November, December 1691 or in the months of January, February, March, April, May, June, July, or August 1692, or one or other of the days of the said months, keep and hold correspondence, communication, or intelligence with the late King James or those employed by him, either in this kingdom or elsewhere, or did keep and hold communications, correspondence, or intelligence with the French king or his subjects. And the said persons above complained upon, at least several of them, having withdrawn themselves from this kingdom and gone over to France and some other part of the French dominions, they did join and associate themselves with the late King James, the French, or others their majesties’ enemies, and used their utmost endeavours to subvert the government, laws, and religion of this kingdom. And for that effect did enter into a most horrid and cruel combination with the late King James, the French, and others their majesties’ enemies, and did entice them to invade this kingdom and others their majesties’ dominions with French and Irish papists, which they would certainly have done if by the great and singular providence of God almighty their designs had not been frustrated and disappointed by the ate great and happy victory obtained by their majesties’ fleet over that of France. Of which crimes or one or other of them the said persons above complained upon are guilty actors, art and part, and for the which crimes they ought to be exemplarily punished in their persons and goods to the terror of others to commit or do the like in time coming. And concerning the charge given to the whole persons above complained upon to have compeared before the said lords of their majesties’ privy council at a certain day bygone to answer to the points of the above complaint, and to hear and see such order and course taken therein as appertains, under the pain of rebellion and putting of them to the horn, with certification to them if they fail our other letters should be directed simpliciter for putting them thereto, as the said letters and executions at more length bear. Which letters being again called in presence of the said lords, and the said Sir William Lockhart compearing personally as solicitor for our interest as pursuer, and the whole defenders being all lawfully cited, called, and not compearing, the said lords by their act of the day and date hereof granted certification against the whole defenders, in respect of their absence and not compearance, except Mr William Livingston of Kilsyth, who is presently prisoner in the castle of Edinburgh, and Captain Robert Dobie, who is under bail to the council and presently within this kingdom, and also excepting from the said certification the above duke of Gordon, in respect he is prisoner at The Hague, before extracting of the said act, as the said act of the date foresaid ordaining these our letters of certification to be directed against the said whole defenders in manner underwritten, excepting as is above excepted, at more length bears. Our will is therefore And we charge you strictly and command that immediately these our letters [are] seen you pass to the mercat cross of […] and other places needful, and there in our name and authority duly, lawfully, and orderly denounce the said whole persons above complained upon (excepting the said duke of Gordon and Mr William Livingston of Kilsyth as said is) our rebels and put them to our horn, and escheat and inbring all their moveable goods and gear for our use for their contempt and disobedience. And that you cause register t these our letters, with their executions, conform to the act of parliament according to justice as you will answer to us thereupon. The which to do we commit to yow conjunctly and severally our full power by these our letters, delivering them be you duly executed and endorsed again to the bearer. Given under our signet at Edinburgh 8 November and of our reign the fourth year 1692.

1. PC1/48, 443-6.

2. The word ‘There’ **scored out here.**

3. Sic.

4. The word ‘Lords’ **scored out here.**

5. Written over illegible words.

1. PC1/48, 443-6.

Act, 8 November 1692, Edinburgh

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Att Edinburgh the Eight day of November Jaj vjc and nyntie tuo years

A1692/11/171

Act

Liberation for some seamen seized by Captain Kiggens

The Lords of there majesties privie Councill being Informed by the Lord Chancellour That his Lordship haveing notice That Captain […] Keggins Captain of the Gray hound friggot hade violently pressed Robert Reidhead John Dickisone Thomas Lyndsay Henrie Newtoun and Jacomy a Cook from out of the ship Called the Swallow of Leith and Carryed them aboord of his friggot His Lordship Called for the said Captain And after shewing him That His Majestie hade signifyed his Royall pleasure That the seamen of this Countrey should be free from press In respect of there voluntar Levies He prevailled with the said Captain to set the said seamen ashoar And ordained the magistrats of Leith to secure and detaine them untill His Lordship should acquant the Councill And the said Lords Considering that the said Captain Keggins stands in nead of about tuenty fyve sea men and a pilot for sailling his friggot They hereby recomend to and requyre the magistrats of Edinburgh and of the severall burghes upon this Firth to be asistant to the said Captain Kiggins In Supplyeing him with the above number of seamen upon reasonable termes And the saids Lords doe hereby give order and warrand to the Bailzies of Leith to sett at Liberty the forsaids seamen furth of there tolbooth that the ship whereto they belong Called the Swallow of Leith may goe on in the voyadge which she is designing for the Avadairie Islands And Recomends to Sir Patrick Murray to give in to the Lords of there majesties theasury a List of the burghes which have failzied to furnish there proportion of the Late Levie of Seamen That there Lordships may give order for supplyeing the said Captain Kiggins with the above number of seamen out of these burghes If they shall see Cause.

At Edinburgh 8 November 1692

A1692/11/171

Act

Liberation for some seamen seized by Captain Kiggens

The lords of their majesties’ privy council being informed by the lord chancellor that his lordship having notice that Captain […] Keggins, captain of the Greyhound frigate, had violently pressed Robert Reidhead, John Dickison, Thomas Lyndsay, Henry Newton, and Jacomy, a cook, from out of the ship called the Swallow of Leith, and carried them aboard of his frigate. His lordship called for the said captain, and after showing him that his majesty had signified his royal pleasure that the seamen of this country should be free from press, in respect of their voluntary levies, he prevailed with the said captain to set the said seamen ashore, and ordained the magistrates of Leith to secure and detain them until his lordship should acquaint the council. And the said lords, considering that the said captain Keggins stands in need of about twenty-five seamen and a pilot for sailing his frigate, they hereby recommend to and require the magistrates of Edinburgh and of the several burghs upon this firth to be assisting to the said captain Kiggins in supplying him with the above number of seamen upon reasonable terms. And the said lords do hereby give order and warrant to the bailies of Leith to set at liberty the foresaid seamen forth of their tolbooth that the ship whereto they belong, called the Swallow of Leith, may go on in the voyage which she is designing for the Avadairie Islands. And recommend to Sir Patrick Murray to give in to the lords of their majesties’ treasury a list of the burgh which have failed to furnish their proportion of the late levy of seamen, that their lordships may give order for supplying the said Captain Kiggins with the above number of seamen out of these burghs if they shall see cause.

1. PC1/48, 443.

1. PC1/48, 443.

Procedure, 8 November 1692, Edinburgh

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Att Edinburgh the Eight day of November Jaj vjc and nyntie tuo years

A1692/11/161

Procedure

Remitt Lord Ormistoune against Serjeant Bland

Anent our Soveraigne Lord and Ladyes Letters raised and persued before the Lords of there Majesties privie Councill at the Instance of Adam Cockburne of Ormistoun James Cairnes tennent there Jean Greive there and Sir William Lockhart there majesties sollicitor in the matter underwreitten mentioneing That where by the Lawes and acts of parliament of this kingdome And by the Custome and practice of this and all other well governed nationes The maisterfull away takeing of the subjects goods who are Liveing peaceably at home without there consent or order of Law And the Compelling and forceing our Leedges by threattneng and armed men to services and Carriadges which they are not bound to in Law Especially the forceing of them to carry the goods so unwarrantably robbed and plundered to the places where the plunderers reside are Crymes of ane high nature and severely punisheable As also that the open and avowed Invaiding with armed men the duelling houses of our subjects who are Liveing peaceably at home And which houses the Law hes made there safety from all Injury and wrong is a great ryot Especially when done to Gentlemen and persones of quality And that the maisters of the family his freinds and children are hundered from the use of some roumes whereof they hade necessarie use and turned out of there roumes whereof they had present use and horse turned out of a mans oune stable Lykeas the violent and maisterfull takeing away of horse meat and mans meat without consent or order of Law from our subjects Liveing peaceably in there oune houses Is a manifest robbery and oppression Especially when the said horse meat and mans meat wes within Lockfast roumes and the doors violently forced and broke open And that not only once but severall tymes by the Invaders And when the meat and drink so taken out not not2 only made use of by the saids Invaiders for there oune use Bot in a most Insolent maner as if they hade been maisters of the house Ryotously disposed on and prodigallie squandered away for Entertaining there acquantances that came to see them And which crymes of robbery and oppressione are severely punisheable Especially when accompanyed with severall aggravating Circumstances such as undecent Carriadge and Insolent Languadge by mean men to persones of quality And when such violence and Insolencies are Committed and acted under cloud of night or in tyme of divyne service on the Lords Day And when done acted and Comitted by officers and souldiers who are raised and mantained by us for preservatione of the rights and Libertyes of our subjects And the beatting and bruising of persones without any Just cause or provocatione are all crymes of ane high nature and severely punisheable Nevertheless It is of verity That John Blan serjeant to Collonel Cunninghames oune troop of dragoons Came accompanyed with three others his accomplices armed with pistolls and swords upon the Eleaventh of october Instant to the Lands of Ormistoun And efter threattening and violence did forceably take away ane Cairt and three horses belonging to the said Jean Grieve the Length of the Lands possest be the said James Cairnes And there by force and violence took alse much hay belonging to the said James as Loaded the said Cairt And which Cairt full of hay they did by force dryve to Prestoun the place of there residence at that tyme Notwithstanding that Adam Cockburne of Ormistoun one of the Compleaners hade sent his servant William Somervell to know the cause of that oppressione which William Somervell The said John Bland did beat at that tyme And which Messadge from the Laird of Ormistoun Compleaner The said John Bland wes so much offended at that upon Saturday the Fyfteint Instant He came to the said Compleaner his house of Ormistoun with threttein of his accomplices armed with fyre Locks Swords and pistolls And in a maisterfull way Did enter the said house And went in to the Kitchen where they did hynder the Compleaners Cook To make readie supper for the family In which severall persones of quality who are his near relationes doe recide And that by offering to take away what the Cook should make readie Efter which the said John Bland with his accomplices Came in a most Insolent maner up unto the Compleaners Dyneing roome where he and the family attending supper whom the said John Bland and his accomplices turned out thereof By telling them that they were not used to stay in Kitchens And that they behooved to have that roume where throw the said Compleaner and his family were forced to Leave the same Like as The said John Bland and his accomplices did that day Lay violent hands upon William Kelman the Compleaners Coatchman who hade Locked the compleaners stable and took the keyes from him opened the Compleaners stable door and put in Fourteen horses belonging to them therein And therefter turned out fyve of the Compleaners oune horse As Lykewayes the said John Bland and his accomplices that day did break up the Compleaners girnells and took out thereof such quantityes of corne as they thought Meet And sicklyke that day broke up the Compleaners hay Loft and took out thereoff what they thought fitting And therefter the said John Bland his malice not being satisfyed with these Insolencies and oppressione he and his accomplices Did under cloud of night break up the Compleaners Larder and Cellar and took furth thereof of the meat and drink Laid in and provyded for the said Compleaners oune familie And the next day therefter being Sunday The said defender and his accomplices (while the Compleaner and his family were at sermone) Did break up the Corne girnell for a second tyme Wpon which the said Compleaners servants hed Caused putt on the Lock after it wes first broken up And being asked by John Spavine the Compleaners servant why they did so the tyme of divyne service They ansuered, The Devill Confound yow Divyne Service, Generall assemblie and altogether and upon monday being the seventeint Instant The said John Bland his malice to the said Compleaner still Continuweing He and his accomplices did break up the Corne Girnell for a third tyme Took out thereof Corne as before And broke up the Compleaners Laardner and Cellar that day for a second tyme out of which They took out not only meat and drink for there oune use But also in a most Insulting maner as If the said John Bland hed been ouner of the said Lardner and Cellar He did Ryotously Entertaine three of his acquantances that came to visite him By makeing them eat and drink with him At which Conversatione amongst other Insolent expressions This wes one God Damne the Laird For he wes a damned presbiterian Thereby Cursing the Compleaner Because he supposed he wes well affected to the Government Established by Law And when one of the Compleaners servants hade asked the said John Bland and his accomplices how they came to beat the Lairds Groom on the tuesday preceeding They ansuered if the Lord hade been there himself They would have beatten him3 By all which tract of robberyes oppressions and Insolencies The said John Bland who is Imployed and payed for mantaining the rights and Libertyes of the subjects Is Guilty of ane high and manifest ryot done In Contempt of there majesties there authority and Lawes And ought to be severely punished in his goods and persone to the terror of others to comitt the Lyke in tyme comeing And Anent the Charge Given to the said John Bland defender To have Compeared befor the saids Lords of there majesties privie Councill at Edinburgh or where it shall happen them to be for the tyme at ane certain day bgyone To ansuer to the poynts of the above wreitten Complaint And to hear and see such order and course taken thereanent as the saids Lords should think fitt with Certificatione to him If he failzied The Saids Lords would proceed and doe in the said matter as they should find Cause As the saids Letters and executiones thereof at more Length bears Which being called In presence of the saids Lords upon the third day of November instant and the persewer Compearing personally with Mr David Forbes advocat his procurator And the defender Compearing also with Mr David Cunninghame and Mr David Douglas advocatts his procurators The Saids Lords of there Majesties privie Councill Haveing considdered the Lybell with a petition Given in be way of ansuer thereto for the defender And that the defender hes acknowledged at the barr that he hade no order to quarter upon the persewer nor to doe what he did in the above matter They admitt the Lybell to the persewers probatione And the witnesses cited haveing all Compeared personally and made faith at the barr The Saids Lords nominates and appoints Mr Frances Montgomery and Sir Patrick Murray to be a Comittee for Examineing the saids witnesses And reserves all objectiones which may be made againest the saids witnesses To be proponed and discussed befor the Comittee And ordained the macers of Councill to Carry the defender from the barr to the tolbooth of Edinburgh And ordained him to remaine prisoner therein untill further order And The Saids Lords of privie Councill haveing this day again Considered the said Lybell with the ansuers Given in for the persewer to the defenders petitione abovewritten And the depositiones of the witnesses adduced befor the Comittee They Find the same most4 Competent to be persewed befor the Criminall court and Lords of Justiciary And therefore Remitts Serjeant Bland the defender to the Lords Commisioners of Justiciarie And recomends to Sir William Lockhart to raise a Criminall Lybell or Indytement againest the said serjeant before the saids Lords And prosecute the same with all expedition And in the mean tyme ordaines the defender to continow prisoner And allowes the Laird of Ormistoun to raise and prosecute Lybells or Indytements befor the Lords of privie Councill or the Lords Comissioners of Justiciarie againest […] Ogilvie who wes on of the defenders accomplices in the crymes Lybelled or any other of these accomplices

At Edinburgh 8 November 1692

A1692/11/161

Procedure

Remit Lord Ormiston against Sergeant Bland

Concerning our sovereign lord and lady’s letters raised and pursued before the lords of their majesties’ privy council at the instance of Adam Cockburn of Ormiston, James Cairns, tenant there, Jean Greive there, and Sir William Lockhart, their majesties’ solicitor in the matter underwritten, mentioning that where by the laws and acts of parliament of this kingdom and by the custom and practice of this and all other well governed nations, the masterful taking away of the subjects’ goods who are living peaceably at home without their consent or order of law, and the compelling and forcing [of] our lieges by threatening and armed men to services and carriages which they are not bound to in law, especially the forcing of them to carry the goods so unwarrantably robbed and plundered to the places where the plunderers reside, are crimes of a high nature and severely punishable. As also that the open and avowed invading with armed men [of] the dwelling houses of our subjects who are living peaceably at home, and which houses the law has made their safety from all injury and wrong, is a great riot, especially when done to gentlemen and persons of quality, and that the masters of the family, his friends and children are hindered from the use of some rooms whereof they had necessary use and turned out of their rooms whereof they had present use, and horse turned out of a man’s own stable. Likewise the violent and masterful taking away of horse meat and man’s meat without consent or order of law from our subjects living peaceably in t their own houses is a manifest robbery and oppression, especially when the said horse meat and man’s meat was within locked rooms and the doors violently forced and broke open, and that not only once but several times by the invaders, and when the meat and drink so taken out not only made use of by the said invaders for their own use, but in a most insolent manner, as if they had been masters of the house, riotously disposed of and prodigally squandered away for entertaining their acquaintances that came to see them. And which crimes of robbery and oppression are severely punishable, especially when accompanied with several aggravating circumstances such as indecent carriage and insolent language by mean men to persons of quality, and when such violence and insolences are committed and acted under cloud of night or in time of divine service on the Lord’s day, and when done, acted, and committed by officers and soldiers who are raised and maintained by us for preservation of the rights and liberties of our subjects, and the beating and bruising of persons without any just cause or provocation, are all crimes of a high nature and severely punishable. Nevertheless it is of verity that John Bland, sergeant to Colonel Cunningham’s own troop of dragoons, came accompanied with three others his accomplices, armed with pistols and swords upon 11 October instant to the lands of Ormiston. And after threats and violence did forcibly take away a cart and three horses belonging to the said Jean Grieve the length of the lands possessed by the said James Cairns, and there by force and violence took as much hay belonging to the said James as loaded the said cart. And which cart full of hay they did by force drive to Preston, the place of their residence at that time, notwithstanding that Adam Cockburn of Ormiston, one of the complainers, had sent his servant William Somervell to know the cause of that oppression, which William Somervell the said John Bland did beat at that time. And which message from the laird of Ormiston, complainer, the said John Bland was so much offended at that upon Saturday 15 instant he came to the said complainer his house of Ormiston with thirteen of his accomplices armed with firelocks, swords, and pistols, and in a masterful way did enter the said house and went into the kitchen, where they did hinder the complainer’s cook to make ready supper for the family, in which several persons of quality who are his near relations do reside, and that by offering to take away what the cook should make ready. After which the said John Bland with his accomplices came in a most insolent manner up unto the complainer’s dining room, where he and the family [were] attending supper, whom the said John Bland and his accomplices turned out thereof by telling them that they were not used to stay in kitchens, and that they behoved to have that room, wherethrough the said complainer and his family were forced to leave the same. Likewise the said John Bland and his accomplices did that day lay violent hands upon William Kelman, the complainer’s coachman, who had locked the complainer’s stable and took the keys from him, opened the complainer’s stable door, and put in fourteen horses belonging to them therein, and thereafter turned out five of the complainer’s own horses. As likewise the said John Bland and his accomplices that day did break up the complainer’s girnels and took out thereof such quantities of corn as they thought fit. And suchlike that day broke up the complainer’s hay loft and took out thereof what they thought fitting. And thereafter the said John Bland, his malice not being satisfied with these insolences and oppressions, he and his accomplices did under cloud of night break up the complainer’s larder and cellar and took forth thereof of the meat and drink laid in and provided for the said complainer’s own family. And the next day thereafter, being Sunday, the said defender and his accomplices (while the complainer and his family were at sermon) did break up the corn girnel for a second time, upon which the said complainer’s servants had caused put on the lock after it was first broken up, and being asked by John Spavine, the complainer’s servant, why they did so [during] the time of divine service, they answered, ‘the devil confound you divine service, general assembly and altogether’. And upon Monday, being 17 instant, the said John Bland, his malice to the said complainer still continuing, he and his accomplices did break up the corn girnel for a third time, took out thereof corn as before, and broke up the complainer’s larder and cellar that day for a second time, out of which they took not only meat and drink for their own use, but also in a most insulting manner, as if the said John Bland had been owner of the said larder and cellar, he did riotously entertain three of his acquaintances that came to visit him by making them eat and drink with him. At which conversation, amongst other insolent expressions, this was one: ‘God damn the laird for he was a damned Presbyterian’, thereby cursing the complainer because he supposed he was well affected to the government established by law. And when one of the complainer’s servants had asked the said John Bland and his accomplices how they came to beat the laird’s groom on the Tuesday preceding, they answered ‘if the Lord had been there himself, they would have beaten him’. By all which tract of robberies, oppressions, and insolences, the said John Bland, who is employed and paid for maintaining the rights and liberties of the subjects, is guilty of a high and manifest riot, done in contempt of their majesties their authority and laws, and ought to be severely punished in his goods and person, to the terror of others to commit the like in time coming. And concerning the charge given to the said John Bland, defender, to have compeared before the said lords of t their majesties’ privy council at Edinburgh, or where it shall happen them to be for the time, at a certain day bygone to answer to the points of the above written complaint, and to hear and see such order and course taken therein as the said lords should think fit, with certification to him if he failed [that] the said lords would proceed and do in the said matter as they should find cause, as the said letters and executions thereof at more length bear. Which being called in presence of the said lords upon 3 November instant, and the pursuer compearing personally with Mr David Forbes, advocate, his procurator, and the defender compearing also with Mr David Cunningham and Mr David Douglas, advocates, his procurators, the said lords of their majesties’ privy council having considered the libel, with a petition given in by way of answer thereto for the defender, and that the defender has acknowledged at the bar that he had no order to quarter upon the pursuer, nor to do what he did in the above matter, they admit the libel to the pursuer’s probation. And the witnesses cited having all compeared personally and made faith at the bar, the said lords nominated and appointed Mr Frances Montgomerie and Sir Patrick Murray to be a committee for examining the said witnesses, and reserved all objections which may be made against the said witnesses to be preponed and discussed before the committee, and ordained the macers of council to carry the defender from the bar to the tolbooth of Edinburgh, and ordained him to remain prisoner therein until further order. And the said lords of privy council having this day again considered the said libel, with the answers given in for the pursuer to the defender’s petition above written, and the depositions of the witnesses adduced before the committee, they find the same most competent to be pursued before the criminal court and lords of justiciary. And therefore remit Sergeant Bland, the defender, to the lord commissioners of justiciary, and recommend to Sir William Lockhart to raise a criminal libel or indictment against the said sergeant before the said lords, and prosecute the same with all expedition. And in the meantime ordain the defender to continue prisoner, and allow the laird of Ormiston to raise and prosecute libels or indictment before the lords of privy council or the lord commissioners of justiciary against […] Ogilvie, who was on of the defender’s accomplices in the crimes libelled, or any other of these accomplices.

1. PC1/48, 439-43.

2. Sic.

3. A scored-out, illegible word appears here.

4. Inserted above the line.

1. PC1/48, 439-43.

Warrant, 8 November 1692, Edinburgh

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A1692/11/151

Warrant

Warrand for transporting the Jaylor of Dalkeith to Edinburgh and raising a lybell against the bailzies therof

The Lords of there majesties privie Councill haveing been acquanted by the Lord High Chancellour that John Gorbet sadler Andrew Logan shoemaker in Dalkeith who were Imprisoned in the tolbooth of Dalkeith for putting on a bone fyre upon the fourteent day of october Last and drinking the Late King James his health there at And who were ordered to be transported to Edinburgh Hade (after the guaird appoynted to transport them were come to Dalkeith) made there escape from the prisone The Lords of there majesties privie Councill doe hereby recomend to the Earle of Lothian shirreff principall of Edinburgh to cause seize the persone of […] Jaylor of the tolbooth of Dalkeith and send him prisoner to Edinburgh And appoints the magistrats of Edinburgh to receave the said Jaylor and Comitt him prisoner in there tolbooth and detaine him therein till farder order And recomends to Sir William Lockhart there Majesties sollicitor to raise a Lybell againest the bailzies of Dalkeith and the Jaylor for suffering the saids persons to escape and Cite the pairtyes to ansuer befor the Councill on tuesday next being the fyfteent Instant.

At Edinburgh 8 November 1692

A1692/11/151

Warrant

Warrant for transporting the gaoler of Dalkeith to Edinburgh and raising a libel against the bailies thereof

The lords of their majesties’ privy council having been acquainted by the lord high chancellor that John Gorbet, saddler [and] Andrew Logan, shoemaker in Dalkeith, who were imprisoned in the tolbooth of Dalkeith for putting on a bonfire upon 14 October last and drinking the late King James his health thereat, and who were ordered to be transported to Edinburgh, had (after the guard appointed to transport them were come to Dalkeith) made their escape from the prison, the lords of their majesties’ privy council do hereby recommend to [Robert Kerr] the earl of Lothian, sheriff principal of Edinburgh, to cause seize the person of […] gaoler of the tolbooth of Dalkeith and send him prisoner to Edinburgh. And appoint the magistrates of Edinburgh to receive the said gaoler and commit him prisoner in their tolbooth and detain him therein till further order. And recommend to Sir William Lockhart, their majesties’ solicitor, to raise a libel against the bailies of Dalkeith and the gaoler for suffering the said persons to escape, and cite the parties to answer before the council on Tuesday next being 15 instant.

1. PC1/48, 439.

1. PC1/48, 439.

Order, 8 November 1692, Edinburgh

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A1692/11/141

Order

Mr Thomas Dobie allowed open prisone

Anent the petitione given in to the Lords of there majesties privie Councill be Mr Thomas Dobie Late precentor at Dalkeith and now prisoner Shewing That the petitioner being Imprisoned in the tolbooth of Dalkeith upon the fyfteint day of october Last by order of Mr William Calderwood one of the shirreff deputs of Edinburgh upon pretence that the petitioner hade drunk King James his health, The petitioner wes brought from that prisone to the tolbooth of Edinburgh where he is Imprisoned in the Iron house with theeves and robbers And where he is in great Cold and necessity And sieing he is altogether free of what is Laid to his charge And that he hath no means wherewith to mantaine himself in the tolbooth And therefore Humbly Craveing that the saids Lords would be pleased to appoint the petitioner to be set at Liberty or to appoint any of there Lordships number to take tryall and probatione of the Cause of his Imprisonement That the petitioner being found Innocent may be set at Liberty And that in the mean tyme he may be put in some other roome of the tolbooth and not in the Iron house with theeves and robbers As the said petitione bears The Saids Lords of there Majesties privie Councill haveing considered the above petitione Given in to them be Mr Thomas Dobie They hereby allow the petitioner the benefite of open prisone The magistrats of Edinburgh and Keeper of there tolbooth being alwayes ansuerable for his safe Custodie.

At Edinburgh 8 November 1692

A1692/11/141

Order

Mr Thomas Dobie allowed open prison

Concerning the petition given in to the lords of their majesties’ privy council by Mr Thomas Dobie, ate precentor at Dalkeith and now prisoner, showing that the petitioner being imprisoned in the tolbooth of Dalkeith upon 15 October last by order of Mr William Calderwood, one of the sheriff deputes of Edinburgh, upon pretence that the petitioner had drunk King James his health, the petitioner was brought from that prison to the tolbooth of Edinburgh, where he is imprisoned in the iron house with thieves and robbers, and where he is in great cold and necessity. And seeing he is altogether free of what is laid to his charge, and that he has no means wherewith to maintain himself in the tolbooth, and therefore humbly craving that the said lords would be pleased to appoint the petitioner to be set at liberty, or to appoint any of their lordships’ number to take trial and probation of the cause of his imprisonment, that the petitioner being found innocent may be set at liberty, and that in the meantime he may be put in some other room of the tolbooth and not in the iron house with thieves and robbers, as the said petition bears. The said lords of their majesties’ privy council having considered the above petition given in to them by Mr Thomas Dobie, they hereby allow the petitioner the benefit of open prison, the magistrates of Edinburgh and keeper of their tolbooth being always answerable for his safe custody.

1. PC1/48, 438-9.

1. PC1/48, 438-9.

Sederunt, 8 November 1692, Edinburgh

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A1692/11/132

Sederunt

Lord Chancellour; Earl of Drumlangrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Viscount Stair; Lord Beilhaven; Master of Forbes; Lord Hattoun; Lord Fountainhall; Lord Enstruther; Mr Fances Montgomery; Laird of Blackbarrony; Laird of Steivinstoun; Sir William Lockhart; Sir Patrick Murray

At Edinburgh 8 November 16921

A1692/11/132

Sederunt

[John Hay, earl of Tweeddale] lord chancellor; James Douglas] earl of Drumlanrig; [George Livingston] earl of Linlithgow; [Robert Kerr] earl of Lothian; [Archibald Douglas] earl of Forfar; [James Dalrymple] Viscount Stair; [John Hamilton] Lord Belhaven; [William] master of Forbes; [Sir John Lauder] Lord Hatton; [Sir John Lauder] Lord Fountainhall; [William] Lord Anstruther; Mr Francis Mongtomerie; [Sir Archibald Murray] laird of Blackbarony; [Sir Robert Sinclair] laird of Stevenson; Sir William Lockhart; Sir Patrick Murray

1. PC1/48, 438.

2. PC1/48, 438.

1. PC1/48, 438.

2. PC1/48, 438.