Tag Archives: December

Decreet, 29 December 1692, Edinburgh

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Att Edinburgh the Nynteinth1 day of December Jaj vjc nyntie tuo years

A1692/12/552

Decreet

Decreet of Certification There majesties Sollicitor against Mr Jasper Kellie

Anent the Lybell or Complaint Raised and persued before the Lords of there Majesties privie Councill at the Instance of Sir William Lockhart there Majesties sollicitor for there Highness interest in the matter underwreitten Mentioneing That where albeit by a proclamatione of the meeting of the Estates of the Kingdome of Scotland daited the thretteinth day of Apryll Jaj vjc and Eightie nyne It is statute and ordained that non presume upon there Highest perrill by word wreitting in sermone of any other maner of way to Impugne or dissoune the Royall authoritie of there majesties King William and Queen Mary as King and Queen of Scotland And that all Ministers of the Gospell within the Kingdome publictly pray for there Majesties as King and Queen of this realme And particularly these on this syde of the river of Tay are requyred under the pain of deprivatione and Loseing there benefices to read the said proclamation publictly from there pulpitts upon Sunday the tuenty first of the said moneth of Apryll Jaj vjc Eightie nyne Likeas by the threttie fyfth act of the second sessione of this present current parliament There majestyes and the Estates of parliament doe thereby prohibite and discharge all ministers depryved for not praying publictly for there Majesties as King and King3 of this Realme and for not reading of the said proclamation of the estates for that effect To preach or exercise any pairt of the ministiriall functione aither in churches or elsewhere upon any pretext whatsomever untill first they present themselves to the Lords of privie Councill And there in presence of the saids Lords take swear and subscryve the oath of alleadgeance And alse engadge themselves under there hands to pray for there Majesties as King and Queen of this Realme And not to oune the late King James the Seventh in any Sort Conforme to the tenor of the said proclamatione Certifyeing such ministers as should doe in the contrair That they should be proceeded against as persones dissaffected and Enemyes to the government with all rigor And thereby also the estates of parliament ordaine the said proclamation and act of the Estates to be putt to farder execution againest all ministers who have not given obedience thereto And Farder the Lords of privie Councill by there proclamation daitted the tuenty eight day of Apryll Jaj vjc nyntie tuo Makeing Mention of the forsaid act or proclamatione of the meeting of the estates and of the forsaid act of parliament Did in persueance thereof strictly Comand and requyre the Shirreffs of the severall shyres Bailzies of regalityes and other magistrats of the Kingdome within there oune bounds and Jurisdictiones to make due and exact tryall what ministers preaching in churches and meeting houses pray not ordinarily for there Majesties In such Circumstantiat termes as the hearers may distinctly know that they pray for there majesties as King and Queen of this Realme Requyring the saids Magistrats to take Information of all evidence againest the saids contraveeners and to transmitt the same to the Clerks of Councill To the effect they might be prosecute with all rigor And the penalties and certificationes of the saids Lawes Justly Inflicted upon them And true It is That Notwithstanding Mr Jasper Kellie Late dean of Dumblaine wes for not obeying of the said proclamation according to the tenor thereof by praying for there Majestyes And for not reading and publishing the said proclamation depryved by decreet of the saids Lords of privie Councill of the date the tuenty sixth day of Jully Jaj vjc Eightie Nyne from the said benefice and stipend of Dumblaine and the Kirk declared vacant and be discharged from preaching thereat or exerciseing any other pairt of the ministeriall functione in all tyme thereafter and ordained to remove from Manse and Gleib As in the said act or proclamatione of the Meeting of the Estates sentence of deprivatione act of parliament and proclamation of privie Councill is fully Contained Nevertheless it is of verity that the said Mr Jasper Kellie Haveing shaken of all regaird to there Majesties authority and Lawes Continueth in open and manifest contempt thereof pernicuously and dangerously to diffuse to poysone of his dissaffectione to the Government In So farr as the said Mr Jasper Kellie not only since the said deprivatione But even since the said act of parliament And particularly upon the […] day of august4 september october november or December Jaj vjc Eightie nyne or upon the […] day of Januarij Februarij March Apryll maij Juny Jully August september october November or December Jaj vjc nyntie and Jaj vjc nyntie one or upon the […] day of Januarij Februarij March Apryll maij Junij Jullij August september october November or December Jaj vjc nyntie tuo years instant or ane or other of the dayes of the saids moneths and yearly did publictly preach and exercise the ministeriall functione within the toun of Dumblaine and paroch thereof or else where without qualifyeing himself by Law viz By Compearing befor the saids Lords of privie Councill And swearing takeing and signeing the oath of alleadgeance And Engadgeing himself under his hand to pray for there Majesties as King and Queen of this Realme And not to oune the Late King James in any sort And did not pray for there Majesties in Express or at least did not pray in Such Circumstantiat termes as the hearers might distinctly know that he prayed for there Majesties Convocating thereby people from severall paroches of the countrey Stirring up and formenting there dissaffectione to there Majesties authority and Government Encouradgeing there majesties enemies and discouraging there Loyall and duetyfull subjects As also the said Mr Jasper Kellie upon one or other of the dayes of the saids moneths and yeirs forsaids did marry severall persones within the said paroch or else where And particularly he marryed Robert Mcfarland in Doune to […] Caddell daughter to Thomas Caddell smith there Robert McLelland in Doune to Janet Duthie servant to George Robertsone in Dumblaine Donald Mcizack Dalbrack to Grissell Aitkine and severall others As also The said Mr Jasper Kellie upon one or other of the dayes and years above specified Did baptize severall children in the said paroch or else where And pariticularly the Children of the persones following viz one to John Buchannan flesher in Dumblaine one to Hary Buchanan there one to John Whythead taylor there one to Alexander Thomson barber there one to Alexander Glass there Tuo to William Caddell ventiner there, one to John Cairnes maltman there one to John McLelland there one to James Thomson there one to Robert Marks in Dumblaine with severall others off all which crymes the said Mr Jasper Kellie is Guilty airt or pairt And therefore the said Mr Jasper Kellie ought and should be exemplarly punished in his persone and goods to the terror of others to comitt the Lyke in tyme comeing And Anent the Charge Given to the said Mr Jasper Kellie To have Compeared before the saids Lords of privie Councill this day and place To Ansuer to the poynts of the above Complaint And to hear and see such order and Course taken thereanent as appertaines under the paine of rebellione and putting of him to the horne with Certificatione to him If he failzie There Majesties other Letters should be direct Simpliciter for putting him thereto As the said Lybell and executiones at more Length bears Which Lybell above wreitten being this day called in presence of the saids Lords of privie Councill And the persewer Compearing personally And the said defender being Lawfully cited oft tymes called and not compearing The saids Lords of there Majesties privie Councill doe hereby grant Certification againest the said Mr Jasper Kellie defender In respect of his absence And ordaines Letters to be direct to Messengers at armes Comanding them to pass to the mercat cross of […] or other places needfull And there In there Majesties names and authority to duely Lawfully and orderly denunce the said defender there majesties rebell and put him to the horne And escheitt and Inbring all his5 moveable goods and gear to there majesties use for his contemption and dissobedience

At Edinburgh 191 December 1692

A1692/12/552

Decreet

Decreet of certification for their majesties’ solicitor against Mr Jasper Kelly

Concerning the libel or complaint raised and pursued before the lords of their majesties’ privy council at the instance of Sir William Lockhart, their majesties’ solicitor, for there highnesses’ interest in the matter underwritten, mentioning that where albeit by a proclamation of the meeting of the estates of the kingdom of Scotland dated 13 April 1689, it is enacted and ordained that none presume upon their highest peril by word, writing in sermon of any other manner of way to impugn or disown the royal authority of their majesties King William and Queen Mary as king and queen of Scotland, and that all ministers of the gospel within the kingdom publicly pray for their majesties as king and queen of this realm, and particularly those on this side of the River of Tay are required under the pain of deprivation and losing their benefices to read the said proclamation publicly from their pulpits on Sunday 21 April 1689; similarly, by the 35th act of the second session of this present current parliament, their majesties and the estates of parliament thereby prohibit and discharge all ministers deprived for not praying publicly for their majesties as king and king3 of this realm and for not reading of the said proclamation of the estates for that effect to preach or exercise any part of the ministerial function, either in churches or elsewhere upon any pretext whatsoever until first they present themselves to the lords of privy council and there in presence of the said lords take, swear and subscribe the oath of allegiance and also engage themselves under their hands to pray for their majesties as king and queen of this realm and not to own the late King James VII in any sort, according to the tenor of the said proclamation, certifying such ministers as should do in the contrary that they should be proceeded against as persons disaffected and enemies to the government with all rigour, and thereby also the estates of parliament ordain the said proclamation and act of the estates to be put to further execution against all ministers who have not given obedience thereto; and further, the lords of privy council by their proclamation dated 28 April 1692, making mention of the foresaid act or proclamation of the meeting of the estates and of the foresaid act of parliament, did in pursuance thereof strictly command and require the sheriffs of the various shires, bailies of regalities and other magistrates of the kingdom within there own bounds and jurisdictions to make due and exact trial of which ministers preaching in churches and meeting houses pray not ordinarily for their majesties in such specific terms as the hearers may distinctly know that they pray for their majesties as king and queen of this realm, requiring the said magistrates to take information of all evidence against the said contraveners and to transmit the same to the clerks of council so that they might be prosecuted with all rigour, and the penalties and specifications of the said laws justly inflicted upon them; and it is true that, notwithstanding, Mr Jasper Kelly late dean of Dunblane was, for not obeying the said proclamation according to the tenor thereof by praying for their majesties and for not reading and publishing the said proclamation, deprived by decreet of the said lords of privy council of the date 26 July 1689 from the said benefice and stipend of Dunblane and the kirk declared vacant and discharged from preaching thereat or exercising any other part of the ministerial function in all time thereafter, and ordained to remove from manse and glebe as in the said act or proclamation of the meeting of the estates, sentence of deprivation, act of parliament and proclamation of privy council is fully contained. Nevertheless, it is of verity that the said Mr Jasper Kelly, having shaken off all regard to their majesties’ authority and laws, continues in open and manifest contempt thereof, perniciously and dangerously to diffuse the poison of his disaffection to the government in so far as the said Mr Jasper Kelly not only since the said deprivation but even since the said act of parliament, and particularly upon the […] day of August, September, October, November or December 1689 or upon the […] day of January, February, March, April, May, June, July, August, September, October, November or December 1690 and 1691 or upon the […] day of January, February, March, April, May, June, July, August, September, October, November or December 1692 instant or one or other of the days of the said months and yearly did publicly preach and exercise the ministerial function within the town of Dunblane and parish thereof or elsewhere without qualifying himself by law, viz: by appearing before the said lords of privy council and swearing, taking and signing the oath of allegiance and engaging himself under his hand to pray for their majesties as king and queen of this realm and not to own the late King James in any sort, and did not pray for their majesties expressly or at least did not pray in such specific terms as the hearers might distinctly know that he prayed for their majesties, convocating thereby people from several parishes of the country, stirring up and fomenting their disaffection to their majesties’ authority and government, encouraging their majesties’ enemies and discouraging their loyal and dutiful subjects. As also the said Mr Jasper Kelly upon one or other of the days of the said months and years foresaid, married several persons within the said parish or elsewhere, and particularly he married Robert McFarlane in Doune to […] Caddell daughter to Thomas Caddell, smith there, Robert McLellan in Doune to Janet Duthie, servant to George Robertson in Dunblane, Donald McIsaac Dalbrack to Grissel Aitken and several others. As also the said Mr Jasper Kelly, upon one or other of the days and years above specified baptized several children in the said parish or elsewhere and particularly the children of the persons following, viz: one to John Buchanan, flesher in Dunblane, one to Harry Buchanan there, one to John Whitehead, tailor there, one to Alexander Thomson, barber there, one to Alexander Glass there, two to William Caddell, vintner there, one to John Cairns, maltman there, one to John McLellan there, one to James Thomson there, one to Robert Marks in Dunblane, with several others, of all which crimes the said Mr Jasper Kelly is guilty art or part, and therefore the said Mr Jasper Kelly ought and should be exemplarily punished in his person and goods to the terror of others to commit the like in time coming. And regarding the charge given to the said Mr Jasper Kelly to have appeared before the said lords of privy council on this day and place to answer to the points of the above complaint and to hear and see such order and course taken as appertains, under the pain of rebellion and putting of him to the horn with certification to him that if he fails their majesties’ other letters should be directed summarily for putting him thereto as the said libel and executions at more length bear, which libel above written being this day called in presence of the said lords of privy council and the pursuer appearing personally and the said defender being lawfully cited, many times called and not appearing, the said lords of their majesties’ privy council hereby grant certification against the said Mr Jasper Kelly, defender, in respect of his absence, and they ordain letters to be directed to messengers at arms commanding them to pass to the mercat cross of […] or other necessary places and there in their majesties’ names and authority to duly, lawfully and orderly denounce the said defender as their majesties’ rebel and put him to the horn and escheat and bring in all his moveable goods and gear to their majesties’ use for his contempt and disobedience.

1. Sic., should be 29th.

1. PC1/48, 531-4.

2. Sic.

3. Word inserted above the line.

4. Word inserted above the line. Word ‘there’ scored out.

1. Sic., should be 29th.

1. PC1/48, 531-4.

2. Sic.

Sederunt, 29 December 1692, Edinburgh

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Att Edinburgh the Nynteinth1 day of December Jaj vjc nyntie tuo years2

A1692/12/543

Sederunt

Lord Chancellour; Earl of Melvill Lord privy Seall; Earl of Linlithgow; Earl of Louthian; Earl of Leven; Earl of Forfar; Earl of Breadalbaine; Viscount Tarbatt; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Hattoune; Lord Fountainhall; Lord Enstruther; Laird of Grant; Laird of Blackbarrony; Laird of Steivinstoun; Laird of Pollock; Sir William Lockhart

At Edinburgh 191 December 16922

A1692/12/543

Sederunt

[John Hay, earl of Tweeddale], lord chancellor; [George Melville], earl of Melville, lord privy seal; [George Livingstone], earl of Linlithgow; [Robert Kerr], earl of Lothian; [[David Leslie], earl of Leven; [Archibald Douglas], earl of Forfar; [John Campbell], earl of Breadalban; [George MacKenzie], Viscount Tarbat; [Alexander Melville], Lord Raith; [Henry Erskine], Lord Cardross; [John Hamilton], Lord Belhaven; [John], Lord Carmichael; [Sir James Stewart of Goodtrees], lord advocate; [Sir Adam Cockburn of Ormiston], lord justice clerk; [John Lauder], Lord Hatton; [John Lauder], Lord Fountainhall; [William Anstruther], Lord Anstruther; [Ludovic Grant], laird of Grant; [Sir Archibald Murray], laird of Blackbarony; [Sir Robert Sinclair], laird of Stevenson; [Sir Robert Pollock], laird of Pollock; Sir William Lockhart.

1. Sic., should be 29th.

2. PC1/48, 531.

3. PC1/48, 531.

1. Sic., should be 29th.

2. PC1/48, 531.

3. PC1/48, 531.

Warrant, 27 December 1692, Edinburgh

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Att Edinburgh the Tuenty Seventh day of December Jaj vjc nyntie tuo years

A1692/12/531

Warrant

Warrand to give up Captain Hugh Campbells bond

Anent the petitione Given in to the Lords of there majesties privie Councill be Captain Hugh Campbell maister of the ship Called the Elizabeth of Arguyll Mr John Campbell brother to the Earle of Arguyll and Sir Coline Campbell of Arkinlayes Shewing That whereas The Saids Lords in Junij last Haveing granted a Commission to the said Captain Campbell to goe out as a privateer And he as principall And the said Mr John Campbell and Sir Coline Campbell as Cautioners Haveing given bond for faithfull observing and performing of all things requisite on his pairt according to the true meaning of the said Comissione and now Sieing there Lordships hes suspended the said Comissione So that the said Captain Hugh Campbell Cannot act any more be vertue thereof And therefore craveing to the effect under wreitten as the said petitione bears The Saids Lords of there Majesties privie Councill Haveing considered this petitione Given in to them be the above Captain Hugh Campbell and others They hereby allow the Clerks of privie Councill to delyver up to the petitioner or aither of them the above bond of Cautionrie The petitioner first delyvering back to the saids Clerks the above Commissione of Councill granted to the said Captain Hugh Campbell

At Edinburgh 27 December 1692

A1692/12/531

Warrant

Warrant to give up Captain Hugh Campbell’s bond

Concerning the petition given in to the lords of their majesties’ privy council by Captain Hugh Campbell, master of the ship called the Elizabeth of Argyll, Mr John Campbell, brother to the [Archibald Campbell], earl of Argyll and Sir Colin Campbell of Ardkinglass showing that whereas the said lords in June last, having granted a commission to the said Captain Campbell to go out as a privateer and he as principal, and the said Mr John Campbell and Sir Colin Campbell as cautioners having given bond for faithful observing and performing of all things requisite on his part, according to the true meaning of the said commission, and now seeing their lordships have suspended the said commission so that the said Captain Hugh Campbell cannot act any more by virtue thereof, and therefore craving to the effect underwritten, as the said petition bears. The said lords of their majesties’ privy council, having considered this petition given in to them by the above Captain Hugh Campbell and others, they hereby allow the clerks of privy council to deliver up to the petitioner, or either of them, the above bond of cautionry, the petitioner first delivering back to the said clerks the above commissione of council granted to the said Captain Hugh Campbell.

1. PC1/48, 530-31.

1. PC1/48, 530-31.

Procedure, 27 December 1692, Edinburgh

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Att Edinburgh the Tuenty Seventh day of December Jaj vjc nyntie tuo years

A1692/12/521

Procedure

Offices declared vacant And Lord Advocat appoynted to wreitt to the Secretarie

The lords of there Majesties privie Councill doe Find that the offices of the shirreffship and other offices formerly possest be the persones mentioned in there interloquitor of the date the tuenty second day of December instant who were by that Interloquitor appoynted to be cited are vacant and that there is no necessity to cite these persones And recomends to there majesties advocat to wreitt to the secretary of state To know his majesties pleasure how these offices are to be Supplyed.

At Edinburgh 27 December 1692

A1692/12/521

Procedure

Offices declared vacant and the lord advocate appointed to write to the secretary

The lords of their majesties’ privy council find that the offices of the sheriffship and other offices formerly possessed by the persons mentioned in their interlocutor of 22 December instant who were by that interlocutor appointed to be cited, are vacant and that there is no necessity to cite those persons, and they recommend to [Sir James Stewart of Goodtrees], their majesties’ advocate to write to [James Dalrymple, Viscount Stair], secretary of state, to know his majesty’s pleasure how these offices are to be supplied.

1. PC1/48, 530.

1. PC1/48, 530.

Procedure: remit, 27 December 1692, Edinburgh

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Att Edinburgh the Tuenty Seventh day of December Jaj vjc nyntie tuo years

A1692/12/511

Procedure: remit

John Mcnaughton remitted to the Comittee anent Deserters

Anent the petitione Given in to the Lords of there majesties privie Councill be Ensigne John Mcnaughtoun prisoner in the Canongate tolbooth Shewing That whereas the saids Lords were graciously pleased to Grant a delyverance upon a petitione given in If the petitioner could find sufficient baill of Fyve Hundreth merks to Live peaceably at home with his freinds And now the petitioner haveing found one Mr John Boyll Chirurgeon and Burges of Edinburgh brother germane to the Laird of Kelburne and therefore craveing that the saids Lords would be pleased to order the Clerks to receave his baill and sett him at Liberty Recomending his house dues to the theasury He being there Lordships alimented prisoner As the said petitione bears The Saids Lords of there majesties privie Councill Haveing Considered this petition Given in to them be the above Ensigne John Mcnaughton They Remitt to the Comittee formerly appoynted anent ane other bill given in be the petitioner upon the thretteinth day of November Last with power to them as in the former reference And Remitts to the Clerks of Councill to receave such Cautione as they will be ansuerable for.

At Edinburgh 27 December 1692

A1692/12/511

Procedure: remit

John McNaughton remitted to the committee for deserters

Concerning the petition given in to lords of their majesties’ privy council by Ensign John McNaughton, prisoner in the Canongate tolbooth, shewing that whereas the said lords were graciously pleased to grant a deliverance upon a petition given in if the petitioner could find sufficient bail of 500 merks to live peacefully at home with his friends, and now the petitioner having found one Mr John Boyle, surgeon and burgess of Edinburgh, brother of [David Boyle], laird of Kelburn, and therefore craving that the said lords would be pleased to order the clerks to receive his bail and set him at liberty, recommending his house dues to the treasury, he being their lordships’ alimented prisoner, as the said petition bears. The said lords of their majesties’ privy council, having considered this petition given in to them by the above Ensign John McNaughton, they remit it to the committee formerly appointed for another bill given in by the petitioner on 13 November last with power to them as in the former reference and they remits to the clerks of council to receive such caution as they will be answerable for.

1. PC1/48, 530.

1. PC1/48, 530.

Procedure: remit, 27 December 1692, Edinburgh

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Att Edinburgh the Tuenty Seventh day of December Jaj vjc nyntie tuo years

A1692/12/501

Procedure: remit

John Weir remitted to the Earl of Leven

Anent the petitione Given in to the Lords of there Majesties privie Councill be John Weer prisoner in the Canongate tolbooth Shewing That where the petitioner haveing evidenced his affectione to the present Government That he did underlye the greatest of hazards at the seidge of Londonderry where he wes deadly wounded And throw the providence of God after his Lyeing a Long tyme wounded attained to some measure of health And his affection and Love being so endeared to there present majesties Interest That he wes willing In so farr as he wes able to serve To take on in the Earle of Levens regiment as a Cadie And served there for the space of ane half year untill he became sickly Considering that his wounds were not fully healled So that his former wounds recurred upon And rendered him altogether Incapable of there Majesties service And Haveing made applicatione to Leivetennent Colonell Arrat upon the Considerations aforsaid Did grant him ane pass in the Colonells absence which is now in the hands of one Leivetennent Colonell Rounalds who throw the Instigation of some maleaffected persones not only did apprehend the petitioner in a most cruell and Barbarous maner contrair to the true rules of humanity And Dragged him out of his naked bed under cloud of night to the Canongate tolbooth But by reaving and abstracting his said pass from him throw violence And by all appearance unles some remeid be provyded The petitioner will nether be able to serve King or Countrey And sieing that the petitioner is most willing that any thing that is represented againest him as a deserter may be putt to a tryall And that the saids Lords will be pleased to consider the hardship the petitioner hes mett with And the vast charges and expenses he hes been putt to dureing his Imprisonement upon the groundles accusationes of officious and disinteressed persones Especiallie Considering the petitioner is able to make appear his Innocence with all the Circumstances of Justice And Lykewayes considering the precogitat malice of his accusers In useing all mischeiff againest the petitioner off purpose to devert him from his Imployment in the Coldtoun where he wes actually working about his Lawfull effairs And therefore Craveing that the saids Lords would be pleased To consider the premises And to Conveen the said Leivetennent Colonell Ronnald befor there Lordships To the effect The petitioners pass may be exhibite and showen to the saids Lords and the Justice of his cause to fall under there Lordships consideratione So that the petitioner may be heard in order to his vindicatione and be Liberat furth of prisone Especially Considering he hes not receaved non of there money or earnest And that his pass may be Given him back or Consigned in there Lordships clerks hands To the effect he may Live peaceably as hitherto he hes done As the said petitione bears The Saids Lords of there majesties privie Councill Haveing heard this petition Given in to them be the within John Weer read in there presence They Recomend to the Earle of Leven to call for and examine the petitioner and consider his pass with power to set him at Liberty In case he shall find Just.

At Edinburgh 27 December 1692

A1692/12/501

Procedure: remit

John Weir remitted to the earl of Leven

Regarding the petition given in to lords of their majesties’ privy council by John Weir, prisoner in the Canongate tolbooth, showing that, where the petitioner having evidenced his affection to the present government that he did underlie the greatest of hazards at the siege of Londonderry where he was seriously wounded and through the providence of God after his lying a long time wounded, attained to some measure of health and his affection and love being so endeared to their present majesties’ interest that he was willing, in so far as he was able to serve, to take on in the earl of Leven’s regiment as a caddy and served there for the space of half a year until he became sickly, considering that his wounds were not fully healed, so that his former wounds recurred and rendered him altogether incapable of their majesties’ service, and having made application to Lieutenant Colonel Arrat upon the foresaid consideration granted him a pass in the colonel’s absence which is now in the hands of one Lieutenant Colonel Ronald who, through the instigation of some malicious persons not only apprehended the petitioner in a most cruel and barbarous manner contrary to the true rules of humanity and dragged him out of his naked bed under cloud of night to the Canongate tolbooth, but by tearing and abstracting his said pass from him through violence, and by all appearance unless some remedy is provided, the petitioner will neither be able to serve king or country, and seeing that the petitioner is most willing that anything that is represented against him as a deserter may be put to a trial, and that the said lords will be pleased to consider the hardship the petitioner has met with, and the vast charges and expenses he has been put to during his imprisonment upon the groundless accusations of officious and disinterested persons, especially considering the petitioner is able to show his innocence with all the circumstances of justice, and likewise considering the preconceived malice of his accusers in using all mischief against the petitioner to divert him from his employment in the Calton where he was actually working about his lawful affairs, and therefore craving that the said lords would be pleased to consider the premises and to convene the said Lieutenant Colonel Ronald before their lordships so that the petitioner’s pass may be exhibited and shown to the said lords and the justice of his cause fall under their lordships’ consideration so that the petitioner may be heard in order for his vindication and be liberated furth of prison, especially considering he has not received any of their money or earnest, and that his pass may be given him back or consigned in their lordships’ clerk’s hands to the effect he may live peacefully as hitherto he has done, as the said petition bears. The said lords of their majesties’ privy council having heard this petition given in to them by the above John Weir read in their presence, they recommend to [David Leslie], earl of Leven to call for and examine the petitioner and consider his pass, with power to set him at liberty in case he shall find it just.

1. PC1/48, 529-30.

1. PC1/48, 529-30.

Act, 27 December 1692, Edinburgh

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Att Edinburgh the Tuenty Seventh day of December Jaj vjc nyntie tuo years

A1692/12/491

Act

Prorogatione of Robertlands protection

The Lords of there Majesties privie Councill doe hereby prorogat the former personall protectione Given be them to David Cuninghame of Robertland from the dait hereof untill the tenth day of Januarij next to come Inclusive And discharges all messengers officers within burgh and other ministers of the Law From putting any Letters of Captione acts of warding or other personall diligences to executione againest the David Cuninghame dureing the said space Except as to there majesties rents and dues allennarly And assignes the said tenth day of Januarij next to James Hay persewer in this process befor the Councill againest the said David Cuninghame of Robertland For executeing the Further diligence By Captione against the witnesses And in the said process.

At Edinburgh 27 December 1692

A1692/12/491

Act

Prorogation of Robertland’s protection

The lords of their majesties’ privy council hereby prorogue the former personal protection given by them to David Cunningham of Robertland from the date hereof until 10 January next to come inclusive, and they discharge all messengers, officers within burghs and other ministers of the law from putting any letters of caption, acts of warding or other personal diligences to execution against David Cunningham during the said space, except as to their majesties’ rents and dues only, and assigns the said 10 January next to James Hay, pursuer in this process before the council against the said David Cunningham of Robertland, for executing the further diligence by caption against the witnesses and in the said process.

1. PC1/48, 528.

1. PC1/48, 528.

Decreet, 27 December 1692, Edinburgh

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Att Edinburgh the Tuenty Seventh day of December Jaj vjc nyntie tuo years

A1692/12/481

Decreet

Sentence against Mr Alexander Lundie

The Lords of there Majesties privie Councill Haveing this day Called Mr Alexander Lundie Late minister at Couper one of the ministers within the shyre of Fyff conveened in the Lybell at the sollicitors Instance againest some ministers in that shyre for not prayeing for there majesties King William and Queen Mary And the said Mr Alexander haveing appeared personally at the barr The Saids Lords Considering that the said Mr Alexander at his first appearance befor there Lordships did acknowledge that he preached since the act of parliament of the date the tuenty tuo day of Jully Jaj vjc nyntie (anent ministers that have not prayed for the King and Queen) And that he did not pray for the King and Queen Mary by name But haveing a mixed auditory He prayed so as might please both pairties The Saids Lords ordained the said Mr Alexander to be Carryed from the barr to the tolbooth of Edinburgh by the Macers of Councill Therein to remaine dureing the Councills pleasure.

At Edinburgh 27 December 1692

A1692/12/481

Decreet

Sentence against Mr Alexander Lundie

The lords of their majesties’ privy council having this day called Mr Alexander Lundie, late minister at Cupar, one of the ministers within the shire of Fife included in the libel at the solicitor’s instance against some ministers in that shire for not praying for their majesties King William and Queen Mary, and the said Mr Alexander, having appeared personally at the bar, the said lords, considering that the said Mr Alexander at his first appearance before their lordships acknowledged that he preached since the act of parliament of 22 July 1690 (concerning ministers that have not prayed for the king and queen), and that he did not pray for the king and Queen Mary by name but having a mixed auditory he prayed so as might please both parties, the said lords ordained the said Mr Alexander to be carried from the bar to the tolbooth of Edinburgh by the macers of council, there to remain during the council’s pleasure.

1. PC1/48, 528.

1. PC1/48, 528.

Sederunt, 27 December 1692, Edinburgh

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Att Edinburgh the Tuenty Seventh day of December Jaj vjc nyntie tuo years1

A1692/12/472

Sederunt

Lord Chancellour; Earl of Linlithgow; Earl of Louthian; Earl of Leven; Earl of Forfar; Earl of Breadalbaine; Viscount Tarbatt; Viscount Stair; Lord Raith; Lord Cardross; Lord Carmichaell; Lord Justice Clerk; Lord Advocat; Lord Hattoun; Lord Fountainhall; Lord Enstruther; Laird of Grant; Laird of Blackbarrony; Laird of Pollock; Sir William Lockhart

At Edinburgh 27 December 16921

A1692/12/472

Sederunt

[John Hay, earl of Tweeddale], lord chancellor; [George Livingstone], earl of Linlithgow; [Robert Kerr], earl of Lothian; [David Leslie], earl of Leven; [Archibald Douglas], earl of Forfar; [John Campbell] earl of Breadalbane; [George MacKenzie], Viscount Tarbat; [James Dalrymple], Viscount Stair; [Alexander Melville], Lord Raith; [Henry Erskine], Lord Cardross; [John],Lord Carmichael; [Sir Adam Cockburn or Ormiston], lord justice clerk; [Sir James Stewart of Goodtrees], lord advocate; [John Lauder] Lord Hatton; [John Lauder], Lord Fountainhall; [William Anstruther], Lord Enstruther; [Ludovic Grant], laird of Grant; [Sir Archibald Murray], laird of Blackbarony; [Sir Robert Pollock], laird of Pollock; Sir William Lockhart.

1. PC1/48, 528.

2. PC1/48, 528.

1. PC1/48, 528.

2. PC1/48, 528.

Commission by the council, 22 December 1692, Edinburgh

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Att Edinburgh the Tuenty Second Day off December Jaj vjc nyntie tuo years

A1692/12/461

Commission by the council

Commission Thomas Bruce to be muster maister generall

The Commission underwreitten In favours of Thomas Bruce efterdesigned being read in Councill wes ordered to be recorded in there books And the said Thomas Bruce being called in Did swear and signe the oath of alleadgeance And signed the assureance to there majesties conforme to the act of parliament And the Lord High Chancellour did administer to him the oath de fideli off which Commissione the tenor followes2

At Edinburgh 22 December 1692

A1692/12/461

Commission by the council

Commission to Thomas Bruce to be muster master general

The commission underwritten in favour of Thomas Bruce after designated, being read in council, was ordered to be recorded in their books and the said Thomas Bruce being called in did swear and sign the oath of allegiance and signed the assurance to their majesties according to the act of parliament, and the lord high chancellor did administer to him the oath de fideli, of which commission the tenor follows2

1. PC1/48, 526.

2. The rest of this and the following page (527) are blank.

1. PC1/48, 526.

2. The rest of this and the following page (527) are blank.