Tag Archives: August

Warrant, 2 August 1692, Edinburgh

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Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem

D1692/8/51

Warrant

Warrand for bringing in Ninian Mercer prisoner

The Lords of their Majesties privy Councill being informed that Ninian Mercer fewar in Coldstream is of ill affection to their Majesties government and keepeth and Disperseth publictly false newes by Newes letters or otherwayes They heirby Recommend to the Lord Polwarth shireff principall of the shirefdome of Berwick, To cause siez and apprehend the persone of the said Ninian Mercer and transmitt him under a suficient guard to the Tolbooth of Edinburgh, And appoints the magistrats of Edinburgh and keeper of their Tolbooth to receive the said Ninian prisoner into the same Tolbooth, And Detaine him prisoner therin til furder order of Councill.

Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem

D1692/8/51

Warrant

Warrand for bringing in Ninian Mercer prisoner

The Lords of their Majesties privy Councill being informed that Ninian Mercer fewar in Coldstream is of ill affection to their Majesties government and keepeth and Disperseth publictly false newes by Newes letters or otherwayes They heirby Recommend to the Lord Polwarth shireff principall of the shirefdome of Berwick, To cause siez and apprehend the persone of the said Ninian Mercer and transmitt him under a suficient guard to the Tolbooth of Edinburgh, And appoints the magistrats of Edinburgh and keeper of their Tolbooth to receive the said Ninian prisoner into the same Tolbooth, And Detaine him prisoner therin til furder order of Councill.

1. NRS, PC2/24, 86v.

1. NRS, PC2/24, 86v.

Decreet, 2 August 1692, Edinburgh

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Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem

D1692/8/41

Decreet

Decreet and Act Gordone Against Leith and Gordone

Anent our Soveraigne Lord and Ladies letters raised before the Lords of their Majesties privy Councill at the instance of Hary Gordon of Avachie and Sir William Lockhart their majesties solicitor for their intrest in the matter underwritten Mentioning That quher by the Lawes of this and all weell governed realmes all violent oppression and molestation of men in their persones rights and possessiones are straitly forbidden especially wher the same are acted and reacted with invetrat malice and proceid to that height as to invade peaceable men in their dwalling houses under cloud of night every mans dwalling house being his sanctuary by breaking up of doors invading them with all Sorts of offensive weapons such as guns pistolls, swords and the like and doeing violence to their persones by the threating beating bruising wounding and Carieing some of them away as Captives as Lykwayes when the same is done against Countreymen at their necessary labour, by threating beating stopting of their Labour and dryving their Catle amongst their corne to be eatten and Distroyed And when all this is done designedly to intertect the masters and propriators possession and so overturne his Right, And for that effect to Compell them to take tacks from other persones then their true and lawfull master and to subscribe the samen, And that with ante dates which is falsehood alse weell as violence the latter to disguise and Cover So great a villany and wickednes which in its example threatens all mens lives and Fortunes, As Lykewayes in anywayes to hound out assisst Countenance or Ratihabitione the forsaid acts violence, oppressione, molestatione and intrassione, either by makeing use of the saids tacks, or offering to Detaine the said possessione from Which the true professor is Thrust in maner forsaid or in any other maner of way are also crymes strictly forbidden and Discharged nevertheless It is of verity that Peetter Leith in Torries Shaking of all fear of god and man after that he had been Imprisoned in the Tolbooth of Elgine be vertue of Councill Caption for severall Ryots and controventiones of Laborrowes about the same subject now in Contraversie brock thorow the same prison and made his escape therfrae in the moneths of Aprill or may last, And in one or other of the saids dayes or nights of the saids moneths of Aprill May and June instant came to Kirktoune of Oven pertaineing to and possess be the pursuar, And their under cloud of night invaded the tennants in their houses breaking up their doors and shooting a hagbut loaden with thrie leads throw the doors particularly George Gordon ther He invades their houses, and the men being frighted away threatenes beatts and wounds to the effusion of blood their wyfes and servants particularly the wyfe of Alexander Harper and to put the poor people in the greater Fright cryed out that they ware all dead men and Women, And intimating plainely that he would destroy them unles that they would take their lands and houses of William Erskine of Pittodry who is in effect his Cousine and Confident he himself being ane outlaw and fugitive and boasting and vaunting therof And Therfore Carieing on his violent designes by the said William Erskine in order querhunto he did farder at the forsaid tyme carie away two men vis Henry Wright and William Runchiman whom he found after that they hade fled out of their houses and caried them away under night as captives by force to the topp of a wild mounton called Benduplugh, wher he keept them all night till the nixt morning in great terror of their lives he being weell armed and they poor naked men, And farder he came therafter in one or other of the saids dayes in open day hight to the said toune and feilds, And Finding the said Alexander Harper and William Runchiman at their labour he threatned to beatt and wound them and still telling them that they must take their lands and subscryve tacks to the said William Erskine, Lykeas he drove their catle among ther corne and keept them their on purpose to destroy and waist the same, And so outragious was his furry against the poor people to obtaine his forsaid end, That for about a moneth tyme he vexed and Chased them away from their houses and labours and never ceased untill he got them to subscryve tacks to the said William Erskine as said is, The Like quherof he also practised by the same methods of2 violence upon the tennents of old Hearthill, Lykewayes pertaineing to and possessed by the pursuar, And that he might better Cover his said violence and more subtiltie invert the pursuars possession He or the said William Erskine of Pittodry falsely antedated the forsaid tacks all which he did not only against the pursuars right and possession for to subvert the same as said is, Bot against express Decreets of Parliament Ordaineing the parties to possess hinc inde without molestation, And farder to demonstrat the said William Erskine his accessione to the forsaid violence and oppression when that the pursuar hade demanded of the forsaid Hary Wright that he should restore to him the possession that he hade been forced to doe by Peetter Leithes violence hade given him back the key of the house and the doors ware lockt by the pursuar, The said William Erskins wyfe The Ladie Pittodrie sent two men who came and break up the doors and againe took possession Lykeas the said William Erskine hath given to the saids tenent driven and forced to take of him as said is, The saids new tacks so that they have double tacks both of the pursuar and Pittodrie, and he doeth oun and adhere to that possession which the said Peetter Leith hath procured to him by the forsaid violence as said is, And Farder the said Pittodrie about the same tyme being at Kirktoune of Ovan and meetting with the pursuar said to him that if troublesome tymes came, And he found him in Kirktoune of Oven he would stow the luggs out of his head, By all which it is manifast That the said Patrick Leith is guilty of oppressione and violence and of a most wicked Designe and practice of of3 interverting the pursuars possession which he hade 4 Injoyed for more nor these twelve years, And that the said William Erskine of Pittodrie is accessory therto at least Airt and pairt of the same, For Which crymes they ought not only to be condemned in the pursuars Damnadges and expences Which he cannot tax lower then ane Hundred pounds Sterling, Bot also punished in their persones and goods to the example and terror of others, Lykeas the shirreff of the shyre should be ordered by the saids Lords of privy Councill to see the said pursuar fully Reposed And to mantaine him in his possession against the forsaid persones and all others except be order of Law, And Anent the Charge given to the said Peetter Leith and William Erskine defenders To Have Compeired before the saids Lords at one certaine day bygone To have answered to the grounds of the abovewritten Complaint, And to have heard and seen such order and Course taken theranent as the saids Lords should think fitt As the said letters and executiones therof at more leanth is Contained Which Lybell being called in presence of the saids Lords And the pursuar Compeiring personally with James Stewart senior his advocat And the said Patrick Leith one of the defenders being oft tymes called and not Compeiring And the said William Erskine of Pittodrie the other defender Compeiring also personally with Sir James Ogilvie, Sir David Thores and Mr Hew Dalrymple advocats his procurators The saids Lords of their Majesties privy Councill Haveing Considered this Lybell with the answers made therto for Pittodrie Togither with the petition given in to them this day be the Earle of Aboyne and John Stewart his factor for his intrest Representing that the said Earle has right to the above Lands of Kirktoune of Oven, And that Earle being out of the Countrie his papers to defend himself are not recovered, Therfore Craveing his rights and possessione to be Reserved as accords, And the matter to be referred to the Lords of Session The Saids Lords Doe heirby Grant Certificatione against the said Petter Leith And Ordaines letters of Denunciatione to be direct to messengers at armes Comanding them to pass to the marcat croce of […] And their in their Majesties name and authoritie duely Lawfully and orderly Denunce the said Peetter Leith their Majesties rebell and put him to their highnes horne, and escheat and inbring all their Moveables goods and geir to their Majesties use for their contemption and disobedience, And Imediatly after the said denuncatione to use the haill remanent order Prescrybed by act of Parliament made theranent And the saids Lords have assoylzied and heirby assoylzies the said William Erskine of Pittodrie from the points and articles of the forsaid Lybell raised against him in so farr as may be extended to any ryot And Remits the point of right betwixt the parties Competting for the soume to be determined by the Judge ordinary, And Decernes and Ordaines the said Hary Gordon of Avachie pursuar to make payment of the expences of the witnesses cited And come to Edinburgh in this proces at the rates following Viz to each horssman sixtein shilling scots per diem And to each footmen Eight Shilling Scots per diem Come […] from the […] day of […] to the […] day of […] And Ordaines letters of horning to be direct heiron for payment of the witnesses expences upon […] Warning.

Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem

D1692/8/41

Decreet

Decreet and Act Gordone Against Leith and Gordone

Anent our Soveraigne Lord and Ladies letters raised before the Lords of their Majesties privy Councill at the instance of Hary Gordon of Avachie and Sir William Lockhart their majesties solicitor for their intrest in the matter underwritten Mentioning That quher by the Lawes of this and all weell governed realmes all violent oppression and molestation of men in their persones rights and possessiones are straitly forbidden especially wher the same are acted and reacted with invetrat malice and proceid to that height as to invade peaceable men in their dwalling houses under cloud of night every mans dwalling house being his sanctuary by breaking up of doors invading them with all Sorts of offensive weapons such as guns pistolls, swords and the like and doeing violence to their persones by the threating beating bruising wounding and Carieing some of them away as Captives as Lykwayes when the same is done against Countreymen at their necessary labour, by threating beating stopting of their Labour and dryving their Catle amongst their corne to be eatten and Distroyed And when all this is done designedly to intertect the masters and propriators possession and so overturne his Right, And for that effect to Compell them to take tacks from other persones then their true and lawfull master and to subscribe the samen, And that with ante dates which is falsehood alse weell as violence the latter to disguise and Cover So great a villany and wickednes which in its example threatens all mens lives and Fortunes, As Lykewayes in anywayes to hound out assisst Countenance or Ratihabitione the forsaid acts violence, oppressione, molestatione and intrassione, either by makeing use of the saids tacks, or offering to Detaine the said possessione from Which the true professor is Thrust in maner forsaid or in any other maner of way are also crymes strictly forbidden and Discharged nevertheless It is of verity that Peetter Leith in Torries Shaking of all fear of god and man after that he had been Imprisoned in the Tolbooth of Elgine be vertue of Councill Caption for severall Ryots and controventiones of Laborrowes about the same subject now in Contraversie brock thorow the same prison and made his escape therfrae in the moneths of Aprill or may last, And in one or other of the saids dayes or nights of the saids moneths of Aprill May and June instant came to Kirktoune of Oven pertaineing to and possess be the pursuar, And their under cloud of night invaded the tennants in their houses breaking up their doors and shooting a hagbut loaden with thrie leads throw the doors particularly George Gordon ther He invades their houses, and the men being frighted away threatenes beatts and wounds to the effusion of blood their wyfes and servants particularly the wyfe of Alexander Harper and to put the poor people in the greater Fright cryed out that they ware all dead men and Women, And intimating plainely that he would destroy them unles that they would take their lands and houses of William Erskine of Pittodry who is in effect his Cousine and Confident he himself being ane outlaw and fugitive and boasting and vaunting therof And Therfore Carieing on his violent designes by the said William Erskine in order querhunto he did farder at the forsaid tyme carie away two men vis Henry Wright and William Runchiman whom he found after that they hade fled out of their houses and caried them away under night as captives by force to the topp of a wild mounton called Benduplugh, wher he keept them all night till the nixt morning in great terror of their lives he being weell armed and they poor naked men, And farder he came therafter in one or other of the saids dayes in open day hight to the said toune and feilds, And Finding the said Alexander Harper and William Runchiman at their labour he threatned to beatt and wound them and still telling them that they must take their lands and subscryve tacks to the said William Erskine, Lykeas he drove their catle among ther corne and keept them their on purpose to destroy and waist the same, And so outragious was his furry against the poor people to obtaine his forsaid end, That for about a moneth tyme he vexed and Chased them away from their houses and labours and never ceased untill he got them to subscryve tacks to the said William Erskine as said is, The Like quherof he also practised by the same methods of2 violence upon the tennents of old Hearthill, Lykewayes pertaineing to and possessed by the pursuar, And that he might better Cover his said violence and more subtiltie invert the pursuars possession He or the said William Erskine of Pittodry falsely antedated the forsaid tacks all which he did not only against the pursuars right and possession for to subvert the same as said is, Bot against express Decreets of Parliament Ordaineing the parties to possess hinc inde without molestation, And farder to demonstrat the said William Erskine his accessione to the forsaid violence and oppression when that the pursuar hade demanded of the forsaid Hary Wright that he should restore to him the possession that he hade been forced to doe by Peetter Leithes violence hade given him back the key of the house and the doors ware lockt by the pursuar, The said William Erskins wyfe The Ladie Pittodrie sent two men who came and break up the doors and againe took possession Lykeas the said William Erskine hath given to the saids tenent driven and forced to take of him as said is, The saids new tacks so that they have double tacks both of the pursuar and Pittodrie, and he doeth oun and adhere to that possession which the said Peetter Leith hath procured to him by the forsaid violence as said is, And Farder the said Pittodrie about the same tyme being at Kirktoune of Ovan and meetting with the pursuar said to him that if troublesome tymes came, And he found him in Kirktoune of Oven he would stow the luggs out of his head, By all which it is manifast That the said Patrick Leith is guilty of oppressione and violence and of a most wicked Designe and practice of of3 interverting the pursuars possession which he hade 4 Injoyed for more nor these twelve years, And that the said William Erskine of Pittodrie is accessory therto at least Airt and pairt of the same, For Which crymes they ought not only to be condemned in the pursuars Damnadges and expences Which he cannot tax lower then ane Hundred pounds Sterling, Bot also punished in their persones and goods to the example and terror of others, Lykeas the shirreff of the shyre should be ordered by the saids Lords of privy Councill to see the said pursuar fully Reposed And to mantaine him in his possession against the forsaid persones and all others except be order of Law, And Anent the Charge given to the said Peetter Leith and William Erskine defenders To Have Compeired before the saids Lords at one certaine day bygone To have answered to the grounds of the abovewritten Complaint, And to have heard and seen such order and Course taken theranent as the saids Lords should think fitt As the said letters and executiones therof at more leanth is Contained Which Lybell being called in presence of the saids Lords And the pursuar Compeiring personally with James Stewart senior his advocat And the said Patrick Leith one of the defenders being oft tymes called and not Compeiring And the said William Erskine of Pittodrie the other defender Compeiring also personally with Sir James Ogilvie, Sir David Thores and Mr Hew Dalrymple advocats his procurators The saids Lords of their Majesties privy Councill Haveing Considered this Lybell with the answers made therto for Pittodrie Togither with the petition given in to them this day be the Earle of Aboyne and John Stewart his factor for his intrest Representing that the said Earle has right to the above Lands of Kirktoune of Oven, And that Earle being out of the Countrie his papers to defend himself are not recovered, Therfore Craveing his rights and possessione to be Reserved as accords, And the matter to be referred to the Lords of Session The Saids Lords Doe heirby Grant Certificatione against the said Petter Leith And Ordaines letters of Denunciatione to be direct to messengers at armes Comanding them to pass to the marcat croce of […] And their in their Majesties name and authoritie duely Lawfully and orderly Denunce the said Peetter Leith their Majesties rebell and put him to their highnes horne, and escheat and inbring all their Moveables goods and geir to their Majesties use for their contemption and disobedience, And Imediatly after the said denuncatione to use the haill remanent order Prescrybed by act of Parliament made theranent And the saids Lords have assoylzied and heirby assoylzies the said William Erskine of Pittodrie from the points and articles of the forsaid Lybell raised against him in so farr as may be extended to any ryot And Remits the point of right betwixt the parties Competting for the soume to be determined by the Judge ordinary, And Decernes and Ordaines the said Hary Gordon of Avachie pursuar to make payment of the expences of the witnesses cited And come to Edinburgh in this proces at the rates following Viz to each horssman sixtein shilling scots per diem And to each footmen Eight Shilling Scots per diem Come […] from the […] day of […] to the […] day of […] And Ordaines letters of horning to be direct heiron for payment of the witnesses expences upon […] Warning.

1. NRS, PC2/24, 84r-86v.

2. The words ‘methods of’ inserted above the line.

3. Sic.

4. The word ‘peacably’ scored out here.

1. NRS, PC2/24, 84r-86v.

2. The words ‘methods of’ inserted above the line.

3. Sic.

4. The word ‘peacably’ scored out here.

Act, 2 August 1692, Edinburgh

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Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem

D1692/8/31

Act

Act Mcwhirters witnesses

Anent a Petition given in to the Lords of their majesties Privy Councill be Gilbert Mcillwreck in Craigneill Anthony Paterson in Bellcrochan and John Eccles in Allyfoot Shewing that the poor petitioners ware cited to Compeir before the saids Lords as witnesses in the Lybell raised at the instance of John Mcwhirter in Drumfearn John and James Mcquhirters his sones and Fergus Paterson in Knockdaw against Robert Eccles of Killdonan and others as the Copies given in to them therwith produced would testifie, And seing the petitioners have in obedience to the saids copies come heir and deponed in the said matter and hade been at great charges and expenses upon themselves and horsses haveing attended these twentie dayes And Therfore Humbly Craveing the saids Lords would ordaine the said John Mcquahrter and the other persones abovenamed to make payment to them and each of them of what expences the Lords Should modifie they haveing attended these twentie dayes since the Citationes as said is, The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above witnesses They heirby Recommend to the Comittie of Councill who examined these witnesses to modifie expences to them to be payed be the persones at whose instance they are cited instantly at the rate of sixtein shilling scots per diem for each horssman and Eight shiling scots per diem for each footman Commensing as the Comittie shall find Just and appoints the Clerks of Councill to give out extract of the Committies sentance to the witnesses bearing horning on […] wairning And accordingly The said Committie haveing meett They Modifie Eight punds scots of expences to be payed to the above Gilbert Mcilkwreik quherof Eight merks be Robert Eccles of Killdonan pursuar in the first Lybell and Four merks be the above Mcquhirters and Paterson And Modifies the soume of Twentie four punds Scots to Anthony Patersone and John Eccles to be equally Divyded betwixt them wherof twentie four merks be the saids Mcquhirters and Patersone and twelve merks be the said Eccles of Killdonan And Ordaines letters of horning on […] warning to be direct heiron.

Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem

D1692/8/31

Act

Act Mcwhirters witnesses

Anent a Petition given in to the Lords of their majesties Privy Councill be Gilbert Mcillwreck in Craigneill Anthony Paterson in Bellcrochan and John Eccles in Allyfoot Shewing that the poor petitioners ware cited to Compeir before the saids Lords as witnesses in the Lybell raised at the instance of John Mcwhirter in Drumfearn John and James Mcquhirters his sones and Fergus Paterson in Knockdaw against Robert Eccles of Killdonan and others as the Copies given in to them therwith produced would testifie, And seing the petitioners have in obedience to the saids copies come heir and deponed in the said matter and hade been at great charges and expenses upon themselves and horsses haveing attended these twentie dayes And Therfore Humbly Craveing the saids Lords would ordaine the said John Mcquahrter and the other persones abovenamed to make payment to them and each of them of what expences the Lords Should modifie they haveing attended these twentie dayes since the Citationes as said is, The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above witnesses They heirby Recommend to the Comittie of Councill who examined these witnesses to modifie expences to them to be payed be the persones at whose instance they are cited instantly at the rate of sixtein shilling scots per diem for each horssman and Eight shiling scots per diem for each footman Commensing as the Comittie shall find Just and appoints the Clerks of Councill to give out extract of the Committies sentance to the witnesses bearing horning on […] wairning And accordingly The said Committie haveing meett They Modifie Eight punds scots of expences to be payed to the above Gilbert Mcilkwreik quherof Eight merks be Robert Eccles of Killdonan pursuar in the first Lybell and Four merks be the above Mcquhirters and Paterson And Modifies the soume of Twentie four punds Scots to Anthony Patersone and John Eccles to be equally Divyded betwixt them wherof twentie four merks be the saids Mcquhirters and Patersone and twelve merks be the said Eccles of Killdonan And Ordaines letters of horning on […] warning to be direct heiron.

1. NRS, PC2/24, 83v-84r.

1. NRS, PC2/24, 83v-84r.

Order, 2 August 1692, Edinburgh

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Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem

D1692/8/21

Order

Order for delivering to the Solicitor some orders of Councill anent Captain Wallace

The Lords of their majesties privy Councill Doe heirby give order and warrand to the magistrats of Edinburgh and their Clerks or Servants in whose hands are Lying ane act or ordinance of Privy Councill, Ordaineing Captaine John Wallace who keeped guard in the Abbay of Hollyruidhouse in December Jaj vjc Eightie Eight when a tumult was at that place to deliver up himself to the saids magistrats of Edinburgh and Lykewayes another act and ordinance of Privy Councill appointing the saids magistrates to beseidge the place wher the said Captaine Wallace was, Togither with the executione of the citation or charge given be the herauld to the said Captaine Instantly to give up and deliver the saids acts, and the heraulds executiones to Sir William Lockhart their majesties Solicitor to be made use of by him as adminicles in the proces at the Solicitors instance against the said Captaine before the Lords Commissioners of Justiciary.

Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem

D1692/8/21

Order

Order for delivering to the Solicitor some orders of Councill anent Captain Wallace

The Lords of their majesties privy Councill Doe heirby give order and warrand to the magistrats of Edinburgh and their Clerks or Servants in whose hands are Lying ane act or ordinance of Privy Councill, Ordaineing Captaine John Wallace who keeped guard in the Abbay of Hollyruidhouse in December Jaj vjc Eightie Eight when a tumult was at that place to deliver up himself to the saids magistrats of Edinburgh and Lykewayes another act and ordinance of Privy Councill appointing the saids magistrates to beseidge the place wher the said Captaine Wallace was, Togither with the executione of the citation or charge given be the herauld to the said Captaine Instantly to give up and deliver the saids acts, and the heraulds executiones to Sir William Lockhart their majesties Solicitor to be made use of by him as adminicles in the proces at the Solicitors instance against the said Captaine before the Lords Commissioners of Justiciary.

1. NRS, PC2/24, 83r-83v.

1. NRS, PC2/24, 83r-83v.

Sederunt, 2 August 1692, Edinburgh

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Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem1

D1692/8/12

Sederunt

Lord Chancelor; Duke of Queensberry; Marquis of Douglas; Earl of Drumlanrig; Earl of Kintoir; Earl of Brodalbine; Viscount Stair; Lord Beilhaven; Lord Polwarth; Master of Forbes; Mr Johnston secret; Lord Fountonhall; Lord Enstruther; Sir William Lockhart; Sir Patrick Murray

Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem1

D1692/8/12

Sederunt

Lord Chancelor; Duke of Queensberry; Marquis of Douglas; Earl of Drumlanrig; Earl of Kintoir; Earl of Brodalbine; Viscount Stair; Lord Beilhaven; Lord Polwarth; Master of Forbes; Mr Johnston secret; Lord Fountonhall; Lord Enstruther; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 83r.

2. NRS, PC2/24, 83r.

1. NRS, PC2/24, 83r.

2. NRS, PC2/24, 83r.

Proclamation, 20 August 1706, Edinburgh

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Att Edinburgh the Twentieth day of August Jaj vijc and six years

A1706/8/91

Proclamation

Proclamation Adjurneing the parliament to the 19th day of September nixt

Proclamation for Adjurening the parliament to the nynteinth of September nixt, Read, voted and approven, Signed and ordered to be Recorded. as follows.
Anne by the Grace of God Queen of Great Brittaine, France and Irland defender of the faith To our Lyon King att armes, and his bretheren Heraulds, Meacers of our privie Councell, pursevants, messengers att armes, Our Shirreffs in that pairt, Conjunctllie and Severallie Specially consitut Greeting, Wheras the present State of our affairs, Does not allow the meeting of our parliament So Soon as the Twentie nynth day of this instant August, to which it is now Adjurned, So that a further Adjurnement for a Short tyme is necessary, And being resolved to continue the said adjurnement from the said Twentie nynth day of August instant, To the nynteinth day of September nixt insueing, And that the members of our said parliament may not be putt to the trouble and charges of meeting upon the said Twentie nynth day of August Instant, Therfor wee with advyce of the Lords of our privie Councell have Adjurned and heirby adjurns our said Current parliament from the said Twentie nynth day of August Instant, To the said nynteinth day of September nixt to come; Requyreing heirby all the members therof to attend that day att Edinburgh in the usuall way and wnder the accustomed certifications by law appoynted; Wee being resolved our said parliament Shall meet on the Said nynteinth day of September nixt without furder delay. Our Will is Heirfore and wee charge yow Strictly and Comand that in continent thir our Letters Seen ye pass to the mercat Cross of Edinburgh, and to the mercat Crosses of the remanent head burghs of the Severall Shyres and Steuartries within this our antient Kingdome, And ther in our name and authoritie make publict Intimation That our said parliament Is adjurned to the said nynteinth day of September nixt to come; And ordains these presents to be printed and published; Given wnder our Signet att Edinburgh the Twentieth day of August and of our rigne the fyfth year 1706. Sic Subscribitur Seafeild Cancellar. Montrose P. Buchan. Lauderdale. Findlater. Torphichen. Hew Dalrymple. James Steuart Adam Cockburne. Robert Dundas. Pattrick Johnstoun.

At Edinburgh 20 August 1706

A1706/8/91

Proclamation

Proclamation adjourning the parliament to 19 September next

Proclamation for adjourning the parliament to 19 September next read, voted, and approved, signed and ordered to be recorded. As follows:
Anne by the grace of God queen of Great Britain, France, and Ireland, defender of the faith, to our lyon king at arms and his brethren heralds, macers of our privy council, pursuivants, messengers at arms, our sheriffs in that part conjunctly and severally specially constituted, greeting. Whereas the present state of our affairs does not allow the meeting of our parliament so soon as 29 August, to which it is now adjourned, so that a further adjournment for a short time is necessary, and being resolved to continue the said adjournment from the said 29 August instant to 19 September next ensuing, and that the members of our said parliament may not be put to the trouble and charges of meeting upon the said 29 August instant, therefore we with advice of the lords of our privy council have adjourned and hereby adjourn our said current parliament from the said 29 August instant to the said 19 September next to come. Requiring hereby all the members thereof to attend that day at Edinburgh in the usual way and under the accustomed certifications by law appointed, we being resolved our said parliament shall meet on the said 19 September next without further delay. 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 Edinburgh, and to the mercat crosses of the remanent head burghs of the several shires and stewartries within this our ancient kingdom, and there in our name and authority make public intimation that our said parliament is adjourned to the said 19 September next to come. And ordain these present to be printed and published. Given under our signet at Edinburgh 20 August and of our reign the fifth year 1706. Sic Subscribitur Seafield chancellor; Montrose president; Buchan; Lauderdale; Findlater; Torphichen; Hew Dalrymple; James Stewart; Adam Cockburn; Robert Dundas; Patrick Johnston.

1. NRS, PC1/53, 484-5.

1. NRS, PC1/53, 484-5.

Letter: royal, 20 August 1706, Edinburgh

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Att Edinburgh the Twentieth day of August Jaj vijc and six years

A1706/8/81

Letter: royal

Letter from the Queen for adjurneing the parliament

Letter from the Queens Majestie to the Councell adjurneing the parliament to the nynteinth of September nixt, Read and ordered to be recorded, and is as follows
Sic Supra Scribitur
Anne Regina
Right trustie and right well beloved Cousine and Councellor, right trustie, and intirely beloved Cousine and Councellor, Right trustie and well beloved Cousins and Councellors, Right trustie and well beloved Councellors, and trustie and well beloved Councellors, Wee Greet yow well; Wheras the present State of our affairs, Does not allow of the meeting of our parliament so soon as the Twenty nynth day of this instant August, to which it is now adjurned, so that a further adjurnement for a Short tyme is necessary, Wee therfor authorize and requyre yow, To issue furth a proclamation in our name, Continueing the said adjurnement of our parliament from the Twentie nynth day of this instant August, To the nynteinth day of September nixt insueing, And ordering all the members therof to attend that day in the usuall way, and upon the accustomed Certifications, Wee being resolved that our said parliament Shall meet out the said nynteinth day of September nixt without further delay, And so wee bidd yow heartily farwell; Given att our Court att Windsor Castell, The Twelfth day of August Jaj vijc and Six, And of our reigne the fyfth year. By her Majesties Comand. Sic Subscribitur Loudoun.

At Edinburgh the 20 August 1706

A1706/8/81

Letter: royal

Letter from the queen for adjourning the parliament

Letter from the queen’s majesty to the council adjourning the parliament to 19 September next read and ordered to be recorded, and is as follows:
Sic Supra Scribitur
Anne Regina
Right trusty and right well beloved cousin and councillor, right trusty and entirely beloved cousin and councillor, right trusty and well beloved cousins and councillors, right trusty and well beloved councillors, and trusty and well beloved councillors, we greet you well. Whereas the present state of our affairs does not allow of the meeting of our parliament so soon as 29 August, to which it is now adjourned, so that a further adjournment for a short time is necessary, we therefore authorise and require you to issue forth a proclamation in our name continuing the said adjournment of our parliament from 29 August to the 19 September next ensuing, and ordering all the members thereof to attend that day in the usual way, and upon the accustomed certifications, we being resolved that our said parliament shall meet on the said 19 September next without further delay. And so we bid you heartily farewell. Given at our court at Windsor Castle 12 August 1706, and of our reign the fifth year. By her majesty’s command. Sic Subscribitur Loudoun.

1. NRS, PC1/53, 484.

1. NRS, PC1/53, 484.

Sederunt, 20 August 1706, Edinburgh

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Att Edinburgh the Twentieth day of August Jaj vijc and six years1

A1706/8/72

Sederunt

Lord Chancellor; Marquis of Montrose P.C.; Earl of Buchan; Earl of Lauderdale; Earl of Findlater; Earl of Forfar; Lord Ross; Lord Torphichen; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Arniestoun; Lord Tilliecultrie; Mr Fr Montgomrie; Laird of Ordmiestoun younger; Lord Provest of Edinburgh

At Edinburgh 20 August 17061

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Sederunt

[James Ogilvie, earl of Seafield] lord chancellor; [James Graham] marquis of Montrose president of council; [David Erskine] earl of Buchan; [John Maitland] earl of Lauderdale; [James Ogilvie] earl of Findlater; [Archibald Douglas] earl of Forfar; [William] Lord Ross; [James Sandilands] lord Torphichen; [Hew Dalrymple] lord president of session; [Sir James Stewart of Goodtrees] lord advocate; [Adam Cockburn] lord justice clerk; [Robert Dundas] Lord Arniston; [Robert Stewart] Lord Tillicoultry; Mr Francis Montgomerie; [John Cockburn] laird of Ormiston younger; [Patrick Johnston] lord provost of Edinburgh

1. NRS, PC1/53, 484.

2. NRS, PC1/53, 484.

1. NRS, PC1/53, 484.

2. NRS, PC1/53, 484.

Act, 15 August 1706, Edinburgh

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Att Edinburgh the fyfteinth day of August Jaj vijc and Six years

A1706/8/61

Act

Act for liberating John Pratt out of the Tollbooth of Edinburgh

Anent the Petition given in to the Lords of her Majesties privie Councell by John Pratt prisoner in the Tollbooth of Edinburgh Shewing that the said petitioner by the folly of youth, did unwisely and most unfortunately, open her Majesties packet, For which he was wnfeignedly and heartily sory, And for which cryme he was imprisoned, And had continued So these twelve moneths bygone, in a most miserable and starveing condition, and had wndoubtedly starved er now, If it had not been for the Charity of Mr Drummond Goodman of the prisone, And notwithstanding of the petitioners frequent applications made to her Majesties Advocat for his releiff Yet his lordship would not medle in it, but referred2 him to the said Lords, and therfor Craveing their lordships to take pity of his Youth, and miserable condition, And of ther clemencie and mercie order his being liberat, that he might indeavour to gett bread to himselfe and prevent his Starveing, as the said petition bears, The Lords of her Majesties Privie Councell haveing considered the above petition, And the Samen being read in ther presence, The Saids Lords doe heirby ordaine the Magistrats of Edinburgh and keepers of ther Tollbooth to Sett the petitioner at liberty furth of ther Tollbooth, without payment of any house dues, He alewayes enacting himselfe in the books of privie Councell for his good behavior.

At Edinburgh 15 August 1706

A1706/8/61

Act

Act for liberating John Pratt out of the tolbooth of Edinburgh

Concerning the petition given in to the lords of her majesty’s privy council by John Pratt, prisoner in the tolbooth of Edinburgh, showing that the said petitioner by the folly of youth did unwisely and most unfortunately open her majesty’s packet, for which he was unfeignedly and heartily sorry, and for which crime he was imprisoned, and had continued so these twelve months bygone in a most miserable and starving condition, and had undoubtedly starved before now, if it had not been for the charity of Mr Drummond Goodman of the prison. And notwithstanding of the petitioner’s frequent applications made to [Sir James Stewart of Goodtrees] her majesty’s advocate for his relief, yet his lordship would not meddle in it, but referred him to the said lords, and therefore craving their lordships to take pity of his youth, and miserable condition, and of their clemency and mercy order his being liberated, that he might endeavour to get bread to himself and prevent his starving, as the said petition bears. The lords of her majesty’s privy council having considered the above petition, and the same being read in their presence, the said lords doe hereby ordain the magistrates of Edinburgh and keepers of their tolbooth to set the petitioner at liberty forth of their tolbooth, without payment of any house dues, he always enacting himself in the books of privy council for his good behaviour.

1. NRS, PC1/53, 483.

2. This has been written over the word ‘reserved’.

1. NRS, PC1/53, 483.

2. This has been written over the word ‘reserved’.

Warrant, 15 August 1706, Edinburgh

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Att Edinburgh the fyfteinth day of August Jaj vijc and Six years

A1706/8/51

Warrant

Warrand for Liberating the Crew of a French privateer at Liberty

The Lords of her Majesties privie Councell Doe heirby allow the Crew of a French privateer lately taken by Captain James Hamillton, Commander of her Majesties Ship the Royall Mary to returne home to ther own Countrey, And appoynt and ordaine the Magistrats of Edinburgh, and keepers of ther Tollbooths to sett them at liberty furth of the Tollbooth of Leith, wherin they are presently imprisoned, three of the said Crew att a tyme, with the Intervall of twentie four hours, And appoynts the saids2 Magistrats to give each of the Seamen four pund Scots, for assisting them to returne home as said is, And Recommends to the Lord Advocat to grant them passes as they are liberat, And allowed the saids Magistrats to grant the Captain and his Livetennants the liberty of the town of Edinburgh upon ther paroll of honour not to remove move3 from the said burgh without the Councells leave, And in the mean tyme Appoynts the saids prisoners to be alimented as followes Viz The Captain at Twelve Shilling Scots per day The two Livetennants at Six Shilling Scots per day, And each of the rest of the Crew att three Shilling money forsaid per day; And declairs that the saids Magistrats Shall be reimbursed of ther advances out of the first end of the pryce of the said privateer when rouped, And that the pryce therof is burdened with payment to them accordingly.
Nota ther is another warrant to the above effect in the nixt Sederunt of the twentieth instant, which differrs nothing from this, except that the advances to the officers and Crew, wes to be made by Captain Hamillton, for which he was to have allowance out of the first end of the pryce of the said privateer bought by him at the roup.

At Edinburgh 15 August 1706

A1706/8/51

Warrant

Warrant for liberating the crew of a French privateer at liberty

The lords of her majesty’s privy council do hereby allow the crew of a French privateer lately taken by Captain James Hamilton, commander of her majesty’s ship the Royal Mary, to return home to their own country. And appoint and ordain the magistrates of Edinburgh, and keepers of their tolbooths, to set them at liberty forth of the tolbooth of Leith, wherein they are presently imprisoned, three of the said crew at a time, with the interval of twenty-four hours, and appoint the said magistrates to give each of the seamen £4 Scots for assisting them to return home as said is. And recommend to [Sir James Stewart of Goodtrees] the lord advocate to grant them passes as they are liberated, and allows the said magistrates to grant the captain and his lieutenants the liberty of the town of Edinburgh upon their parole of honour not to remove from the said burgh without the council’s leave. And in the meantime appoint the said prisoners to be alimented as follows viz the captain at 12s Scots per day, the two lieutenants at 6s Scots per day, and each of the rest of the crew at 3s money foresaid per day. And declare that the said magistrates shall be reimbursed of their advances out of the first end of the price of the said privateer when auctioned, and that the price thereof is burdened with payment to them accordingly.
Nota there is another warrant to the above effect in the next sederunt of 20 instant, which differs nothing from this, except that the advances to the officers and crew was to be made by Captain Hamilton, for which he was to have allowance out of the first end of the price of the said privateer bought by him at the auction.

1. NRS, PC1/53, 483.

2. Insertion.

3. Insertion. This has been written over an earlier, illegible word.

1. NRS, PC1/53, 483.