Tag Archives: December

Act, 22 December 1692, Edinburgh

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A1692/12/451

Act

Act anent recruitts out of Garisones

Forasmuch as By a letter under His Majesties Royall Hand direct to the Lords of privie Councill daited the Eight day of September Last And ane other Letter from the Maister of Stair secretarie of state By His majesties Command to Colonell Richard Cunninghame of the date seventeinth day of november Last Recruitts are appoynted to be made out of the scotts forces presently within this Kingdome For recruitting there Majesties troops in Flanders the saids Lords of there Majesties privie Councill Considdering it may conduce for there majesties service that proportionall recruitts be taken out of the severall garisones in this Kingdome Doe hereby appoynt and authorize the said Collonell Cuninghame to see the respective numbers of men fairly drawen out of the Garisones efter named for Recruitts viz out of the Bass Seven men And out of the Garisones of the Castles of Edinburgh and Stirling Fourtie Eight men for each of these garisones a piece And the maner of drawing to be By putting the names of each garisone into hatts And so drawing out the respective numbers above appoynted And appoynts the Governours Leivetennent Governours And in ther absence the next Commanding officers of these garisones to allow the souldiers who shall be drawen out as said there Cloathes which they now wear or other Sufficient warme cloathes at sight of the said Collonel Cuninghame And to send without armes the haill detachments forsaids with such number of officers and souldiers as they at sight of the said Colonell Cuninghame shall think fitt to Conduct them And appoints these officers and souldiers to Conduct the saids detatchments to the port and road of Leith or any other port or road within the river of Forth At such tyme or tymes as shall be appointed be the said Colonell Cuninghame after he hes Concerted the same with the officers who are to receave them And appoints them to delyver the saids detachments or recruitts at the saids ports or harbors to the officers who are sent over for them And ordaines these officers to pay seven dollars for each of the men they receave to the saids Governours Leivetennent Governours or other Comanding officers2 of the saids Garisones who shall delyver the saids men to them And appoints the said governours Leivetennent governours or other officers of the saids garisones to Compleat there garisones within tuo moneths after delyverie of these men at the ports or harbors forsaids And declares that the officers who conduct the saids detatchments or recruitts shall be Comptable to delyver the haill number and Individuall persones which they shall receave to the officers who are sent over for them And ordaines all shirreffs of shyres stewarts of stewartries Bailzies of Bailzieris magistrats of Burghes Royall and other ministers of the Law whatsomever within this kingdome To be aiding and assisting unto the saids officers In Conducting the saids Recruitts and furnishing them quarters and other necessaries at reasonable rates upon payment of readie money And appoints the said Collonell Cuninghame to make exact rolls of the Souldiers of each garisone who shall be taken out as said is That the Individuall men may be delyvered at the places appoynted And appoints the Colonell to Intimate this act to the Governours Leivetennent Governours and other officers forsaids of the saids Garisones That the same may receave punctuall obedience And appoynts the said Collonell Cuninghame to Call the officers who are come from Flanders And know from them how the recruitts which are to be taken out of the respective garisones forsaids are to be divyded and proportioned amongst these officers and how soon these recruitts are to be in readiness for shipping.

At Edinburgh 22 December 1692

A1692/12/451

Act

Act regarding recruits out of garrison

Forasmuch as by a letter under his majesty’s royal hand directed to the lords of privy council dated 8 September last and another letter from [John Dalrymple], master of Stair, secretary of state by his majesty’s command to Colonel Richard Cunningham of 17 November last, recruits are appointed to be made out of the Scots forces presently within this kingdom for recruiting their majesties’ troops in Flanders, the said lords of their majesties’ privy council considering it may conduce for their majesties’ service that proportional recruits be taken out of the several garrisons in this kingdom, hereby appoint and authorise the said Colonel Cunningham to see the respective numbers of men fairly drawn out of the garrisons after-named for recruits, viz: out of the Bass Rock, seven men; and out of the garrisons of the castles of Edinburgh and Stirling, 48 men for each of those garrisons; and the manner of drawing to be by putting the names of each garrison into hats and so drawing out the respective numbers above appointed; and they appoint the governors, lieutenant governors and in their absence the next commanding officers of those garrisons to allow the soldiers who shall be drawn out their clothes which they now wear or other sufficient warm clothes at the sight of the said Colonel Cunningham, and to send without arms the whole foresaid detachments with such number of officers and soldiers as they at sight of the said Colonel Cunningham shall think fit to conduct them; and they appoint those officers and soldiers to conduct the said detachments to the port and road of Leith or any other port or road within the river of Forth at such time or times as shall be appointed by the said Colonel Cunningham after he has agreed the same with the officers who are to receive them; and they appoint them to deliver the said detachments or recruits at the said ports or harbours to the officers who are sent over for them; and thy ordain these officers to pay seven dollars for each of the men they receive to the said governors, lieutenant governors or other commanding officers of the said garrisons who shall deliver the said men to them; and they appoint the said governors, lieutenant governors or other officers of the said garrisons to complete their garrison within two months after delivery of those men at the ports or harbours foresaid; and they declare that the officers who conduct the said detachments or recruits shall be accountable to deliver the whole number and individual persons which they shall receive to the officers who are sent over for them; and they ordain all sheriffs of shires, stewarts of stewartries, bailies of bailiaries, magistrates of royal burghs and other ministers of the law whatsoever within this kingdom to aid and assist the said officers in conducting the said recruits and furnishing them quarters and other necessities at reasonable rates upon payment of ready money; and they appoint the said Colonel Cunningham to make exact rolls of the soldiers of each garrison who shall be taken out so that the individual men may be delivered at the places appointed; and they appoint the colonel to intimate this act to the governors, lieutenant governors and other officers of the said garrisons that the same may receive punctual obedience; and they appoint the said Colonel Cunningham to call the officers who are come from Flanders and know from them how the recruits which are to be taken out of the respective garrisons are to be divided and proportioned amongst those officers and how soon these recruits are to be in readiness for shipping.

1. PC1/48, 525-6.

2. Word ‘within’ scored out here.

1. PC1/48, 525-6.

Decreet, 22 December 1692, Edinburgh

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A1692/12/441

Decreet

Interloquitor anent Judges not qualifyed by Law

The lords of there Majesties privie Councill haveing Considered the report of the Committee anent Judges who have qualifyed themselves according to Law They Find that the shirreffships of Dumbartoun Banff and Clackmannan are vacant and accords to signifie the same to His majestie whensoever they shall wreitt to him That His majestie whensoever they shall wreitt to him That His majesties pleasure may be knowen how these offices shall be Supplyed And by whom And Finds that the shirreff of Bute hes not qualifyed himself But2 Being Informed that he hes refused his shirreffship In favours of Boyll of Kelburne They appoint them both to be Cited and Finds that the Earle of Callender shirreff principall of Stirling and water Balzie of Forth did not qualifie himself But being informed That he is presently dead They superceed to determine in these offices untill they get farder Informatione who will represent him And Finds that the Marqueis of Atholl shirreff principall of Perth And he and the Lord Murray his Sone Stewarts principall of Falkland have not qualified themselves And therefor appoints them to be cited And Finds the Earle of Murray stewart principall of Monteath And the Earle of Perth stewart principall of Strathearne have not qualifyed themselves And that they being both papists The saids offices are vacant and declares they will acquaint the King anent the suppleeing of these offices And appoints the Earle of Annandale his name to be delite out of the report as being out of the Countrie the tyme and haveing taken the oath of alleadgeance and Finds that Sir Hugh Campbell of Calder shirreff of Nairne hes not qualifyed himself And appoints him to be cited And appoints the pairt of that report anent the shirreff of Fyff to be delite because the Countess of Rothess hade resigned to her Sone in the late Government And the tutors have duely qualifyed themselves And Finds that Sir William Bruce Shirreff of Kinross And the Earle of Southesque shirreff of Forfar have not qualifyed themselves And appoints them to be cited And Finds the Earle of Nithsdaill stewart principall of Kirkcudbright hes not qualifyed himself and Because it is Informed that he is minor and popish Therefore they recomend to the Lord Carmichaell and Sir John Maxwell of Pollock to Informe themselves who are tutors and Curators to the said Earle and who are the dyetts exerceing for him And Finds that Cochran of Barchalaw is not qualifyed And Finds that the Earle of Lauderdaill Bailzie of the Balzierie of Lauder is not qualifyed and is popish And declares they will signify the same to the King when they wreit to his Majestie That the saids offices are vacant and recomends to there Majesties advocat to raise Letters against the persones appoynted to be Citted Conforme to the act of parliament and proclamatione of Councill, And to the sollicitor to cause execute the Same.

At Edinburgh 22 December 1692

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Decreet

Interlocutor concerning judges not qualified by law

The lords of their majesties’ privy council, having considered the report of the committee on Judges who have qualified themselves according to law, find that the sheriffships of Dumbarton, Banff and Clackmannan are vacant and they agree to signify the same to his majesty whenever they shall write to him so that his majesty’s pleasure may be known how those offices shall be supplied and by whom; and they find that the sheriff of Bute has not qualified himself but being informed that he has refused his sheriffship in favour of [David] Boyle of Kelburn, they appoint them both to be cited; and they find that [Alexander Livingston] earl of Callendar, sheriff principal of Stirling and water bailie of the Forth did not qualify himself, but being informed that he is presently dead, they supercede to determine in these offices until they get further information of who will represent him; and they find that [John Murray], marquess of Atholl, sheriff principal of Perth and he and [John], Lord Murray his son stewarts principal of Falkland, have not qualified themselves and therefore appoint them to be cited; and they find [Alexander Stewart], earl of Moray, stewart principal of Menteith and [James Drummond], earl of Perth, stewart principal of Strathearn have not qualified themselves, and that they being both Catholics, the said offices are vacant and they will acquaint the king regarding supplying these offices; and they appoint [William Johnstone], earl of Annandale’s name to be deleted from the report as being out of the country at the time and having taken the oath of allegiance; and they find that Sir Hugh Campbell of Cawdor, sheriff of Nairn, has not qualified himself, and they appoint him to be cited; and they appoint the part of that report regarding the sheriff of Fife to be deleted because [Margaret Leslie], countess of Rothes had resigned to her son in the late government, and the tutors have duly qualified themselves; and they find that Sir William Bruce, sheriff of Kinross and [Charles Carnegie], earl of Southesk, sheriff of Forfar, have not qualified themselves, and they appoint them to be cited; and they find [Robert Maxwell], earl of Nithsdale, stewart principal of Kirkcudbright, has not qualified himself and because they are informed that he is a minor and Catholic, they recommend to Lord Carmichael and Sir John Maxwell of Pollock to inform themselves who are tutors and curators to the said earl and who are the diets exercising for him; and they find that Cochrane of Barbachlaw is not qualified; and they find that [Richard Maitland], earl of Lauderdale, bailie of the bailiary of Lauder, is not qualified and is Catholic, and they declare they will signify the same to the king when they write to his majesty that the said offices are vacant, and recommend to their majesties’ advocate to raise letters against the persons appointed to be cited according to the act of parliament and proclamation of council, and to the solicitor to cause execute the same.

1. PC1/48, 524-5.

2. Word inserted above the line.

1. PC1/48, 524-5.

Decreet, 22 December 1692, Edinburgh

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Decreet

Sentence The Sollicitor against Hay Leslie and Midletoun ministers

The Lords of there Majesties privie Councill Haveing considered That In the Lybell or Complaint at the instance of there majesties sollicitor againest severall ministers in the shyre of Fyff not praying for there Majesties King William and Queen Mary Mr John Hay late Minister at Falkland Mr Alexander Leslie Late minister at Craill and Mr Patrick Midletoun Late minister at Leslie three of the defenders in the said Lybell Haveing compeared In presence of the Councill upon tuesday the tuentieth of December instant the tyme of the calling of the Lybell And being this day called to and compearing at the Councill barr And haveing upon this day and the former day acknowledged in face of Councill That they have preached since the act of parliament of the dait the tuenty tuo day of Jully Jaj vjc nyntie years (anent ministers that have not prayed for the King and Queen) And that in there prayers they have not prayed for there Majesties King William and Queen Mary and have prayed only in general termes The Saids Lords of privie Councill hereby discharge the saids three ministers at any tyme hereafter to preach or exercise any pairt of there Ministeriall funcione aither in Churches or meeting houses or any other places whatsomever untill they qualifie themselves in the termes of the2 act of parliament with Certificatione if they faill in Giveing punctuall obedience hereto The paines and punishments Contained in the Lawes and acts of parliament shall be Inflicted againest them without favour or further delay And Continues Mr Alexander Lundie late minister at Couper untill the next Councill day That probatione may be concluded againest him.

At Edinburgh 22 December 1692

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Decreet

Sentence: the solicitor against Hay, Leslie and Middleton, ministers

The lords of their majesties’ privy council, having considered that in the libel or complaint at the instance of their majesties’ solicitor against several ministers in the shire of Fife not praying for their majesties King William and Queen Mary, Mr John Hay, late minister at Falkland, Mr Alexander Leslie, late minister at Crail, and Mr Patrick Middleton, late minister at Leslie, three of the defenders in the said libel having appeared in presence of the council on Tuesday 20 December instant at the time of the calling of the libel, and being this day called to and appearing at the council bar and having upon this day and the former day acknowledged in face of council that they have preached since the act of parliament of 22 July 1690 (concerning ministers that have not prayed for the king and queen), and that in their prayers they have not prayed for their majesties King William and Queen Mary and have prayed only in general terms, the said lords of privy council hereby discharge the said three ministers at any time hereafter to preach or exercise any part of their ministerial function either in churches or meeting houses or any other places whatsoever until they qualify themselves in the terms of the act of parliament, with certification that if they fail in giving punctual obedience hereto, the pains and punishments contained in the laws and acts of parliament shall be inflicted against them without favour or further delay; and continues Mr Alexander Lundie, late minister at Cupar, until the next council day so that probation may be concluded against him.

1. PC1/48, 523-4.

2. Word ‘said’ scored out here.

1. PC1/48, 523-4.

Decreet, 22 December 1692, Edinburgh

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Decreet

Sentence There Majesties Sollicitor against Hay Lesly and Midletoun and Lundie ministers2

The Lybell at the Instance of there Majesties sollicitor Againest the ministers underwritten Being this day called In presence of the Lords of there majesties privie Councill And Mr John Hay minister at Falkland Mr Alexander Leslie and Mr Alexander Lundie Late minister at Couper Compearing personallie And Robert Foord taylor in Coupar in Coupar3 and Alexander Smellone merchand in Kirkaldie tuo of the witnesses adduced for proveing of the said Lybell Haveing Compeared personally at the barr And made faith The Saids Lords of there Majesties privie Councill doe hereby nominate and appoynt the Lord Justice Clerk and Sir John Maxwell of Pollock to be a Comittee for examining the saids witnesses And reserves any objectione to be made againest the Uitnesses to be proponed and discussed befor the said Comittee And ordaines Letters of farder diligence by caption to be direct againest David Newlands in St Andrews William Maces there Daniell Urquhart there Robert Hunter in Craiggorthie John Stirk in Donhead James Lockhart waitter in Kirkaldie and James Oswald merchand there witneses citted and not compearing in the said Lybell And excuses the absence of James Wilsone taylor in Coupar ane of the uitnesses cited and not Compearing In respect of a testificat produced befor the Councill of his Inability to travell without apparent hazard of his Lyfe under the hands of the minister and elders of Coupar And appoynts to be execute the […] day of […]

At Edinburgh 22 December 1692

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Decreet

Sentence: their majesties’ solicitor against Hay, Leslie, Middleton and Lundie, ministers2

The libel at the instance of their majesties’ solicitor against the ministers underwritten being this day called in presence of the lords of their majesties’ privy council and Mr John Hay, minister at Falkland, Mr Alexander Leslie and Mr Alexander Lundie, late minister at Cupar, appearing personally, and Robert Ford, tailor in Cupar, and Alexander Smellon, merchant in Kirkcaldy, two of the witnesses adduced for proving of the said libel, having appeared personally at the bar and made faith, the said lords of their majesties’ privy council hereby nominate and appoint the lord justice clerk and Sir John Maxwell of Pollock to be a committee for examining the said witnesses, and they reserve any objection to be made against the witnesses to be proponed and discussed before the said committee, and they ordain letters of further diligence by caption to be directed against David Newlands in St Andrews, William Maces there, Daniel Urquhart there, Robert Hunter in Craigrothie, John Stirk in Donhead, James Lockhart, waiter in Kirkcaldy, and James Oswald, merchant there, witnesses cited and not appearing in the said libel and excuses the absence of James Wilson, tailor in Cupar, one of the witnesses cited and not appearing in respect of a certificate produced before the council of his inability to travel without apparent hazard of his life under the hands of the minister and elders of Cupar, and they appoints it to be executed on the […] day of […].

1. PC1/48, 523.

2. In the margin beneath this: ‘Nota This Interloquitor is booked wrong throw ane mistake but the right Interloquitor is afterwards worked upon this syde.’

3. Sic.

1. PC1/48, 523.

2. In the margin beneath this: ‘Note this interlocutor is booked wrongly through a mistake but the right interlocutor is afterwards worked upon this side.’

Sederunt, 22 December 1692, Edinburgh

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Sederunt

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

At Edinburgh 22 December 16921

A1692/12/412

Sederunt

[John Hay, earl of Tweeddale], lord chancellor; [Robert Kerr], earl of Lothian; [David Leslie], earl of Leven; [Archibald Douglas], earl of Forfar; [John Campbell], earl of Breadalbane; [George MacKenzie], Viscount Tarbat; [Alexander Melville], Lord Raith; [Henry Erskine], Lord Cardross; [John], Lord Carmichaell; [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 Pollock], laird of Pollock; Sir William Lockhart; Sir Patrick Murray.

1. PC1/48, 522.

2. PC1/48, 522.

1. PC1/48, 522.

2. PC1/48, 522.

Act, 20 December 1692, Edinburgh

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A1692/12/401

Act

Protectione Cunninghame of Robertland

Anent the petitione Given in to the Lords of there majesties privie Councill be David Cunninghame of Robertland Shewing That the petitioner haveing receaved a Citatione upon Saturday the third Instant at ten acloack at night To appear befor the saids Lords upon thursday the Eight Instant at the instance of James Hay wreitter in Irving The petitioner did notwithstanding of the stormie weather come in with all diligence In obedience of that citatione Haveing travelled about fiftie myles in that tyme And haveing appeared befor there Lordships befor he wes able aither to consult his Lawyers or to get ansuers drawen to the Complaint And haveing given in a petitione to the saids Lords for a protectione They were then pleased to grant the same for eight dayes only dureing which space The Compleaner and the petitioner were under trysting And Sieing the same took no effect And that the Compleaner Intends to cause Call the forsaid actione this day And that the petitioner Cannot appear unles the saids Lords renew the forsaid protectione for a moneths tyme or such other space as there Lordships shall think fitt and therefore Craveing that the saids Lords would be pleased to renew the protectione formerly granted to the petitioner for such a competent tyme as there Lordships should think fitt That the petitioner may be able to appear befor the saids Lords and give in his ansuers to the said groundles Complaint As the said petitione bears The Saids Lords of there Majesties privie Councill Haveing considered this petitione Given in to them be the above David Cuninghame of Robertland They hereby Renew the personall protectione to the petitioner untill the tuenty seventh day of December instant Inclusive And discharges all messengers officers within burgh and other ministers of the Law from putting any Letters of Caption acts of warding or other personall diligences to executione againest the petitioner dureing the said Space Excepting alwayes his majesties rents and dues allennarly sic subscribitur Tweeddale Cancel: Linlithgow Raith Adam Cockburne Archibald Murray Robert Sinclair John Maxwell William Lockhart Patrick Murray

At Edinburgh 20 December 1692

A1692/12/401

Act

Protection for Cunningham of Robertland

Concerning the petition given in to the lords of their majesties’ privy council by David Cunningham of Robertland showing that the petitioner, having received a citation on Saturday the third instant at 10 o’clock at night to appear before the said lords on Thursday the eighth instant at the instance of James Hay, writer in Irvine, the petitioner did notwithstanding of the stormy weather come in with all diligence in obedience to that citation, having travelled about 50 miles in that time and having appeared before their lordships before he was able either to consult his lawyers or to get answers drawn to the complaint, and having given in a petition to the said lords for a protection, they were then pleased to grant the same for eight days only, during which space the complainer and the petitioner were under trysting, and seeing the same took no effect and that the complainer intends to call the foresaid action today and that the petitioner cannot appear unless the said lords renew the foresaid protection for a month’s time or such other space as their lordships shall think fit, and therefore craving that the said lords would be pleased to renew the protection formerly granted to the petitioner for such a competent time as their lordships should think fit, that the petitioner may be able to appear before the said lords and give in his answers to the said groundless complaint, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above David Cunningham of Robertland, they hereby renew the personal protection to the petitioner until 27 December instant inclusive, and 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 the petitioner during the said space, excepting always his majesties’ rents and dues only. Subscribed: Tweeddale, chancellor; Linlithgow; Raith; Adam Cockburn; Archibald Murray; Robert Sinclair; John Maxwell; William Lockhart; Patrick Murray.

1. PC1/48, 522.

1. PC1/48, 522.

Order, 20 December 1692, Edinburgh

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Order

Remitt to the Magistrats of Edinburgh anent William Davidson

The Lords of there Majesties privie Councill Doe hereby remitt and authorize the magistrates of Edinburgh To Bainish furth and from the toun of Edinburgh William Davidson wreitter present prisoner in ther tolbooth for wreitting and spreading of Lyes and false news In case they shall find him guilty of the said cryme and recalls the former order of Councill of the […] day of December instant for delyvering of the said William to one of the officers Come from Flanders To have been Carryed there as a souldier In respect the said William is but a silly Creeple boy Haveing hade his Legg and thigh bones brock

At Edinburgh 20 December 1692

A1692/12/391

Order

Remit to the magistrates of Edinburgh concerning William Davidson

The lords of their majesties’ privy council hereby remit and authorise the magistrates of Edinburgh to banish furth and from the town of Edinburgh William Davidson, writer, presently prisoner in their tolbooth for writing and spreading of lies and false news if they shall find him guilty of the said crime, and they recall the former order of council of the […] day of December instant for delivering of the said William to one of the officers come from Flanders to have been carried there as a soldier in respect that the said William is but a feeble, crippled boy having had his leg and thigh bones broken.

1. PC1/48, 521-2.

1. PC1/48, 521-2.

Order, 20 December 1692, Edinburgh

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Order

Recomendation to the theasurie anent a ship againest the Bass

The Lords of there majesties privie Councill Doe hereby recomend to the Lords Commissioners of there Majesties Theasurie to cause prepare a doggar or other convenient vessell And cause furnish the same sufficiently with men gunes and other necessarie armes and provisions for secureing of all ships barks or boatts passing up and doun the Firth from the Rebells in the Bass or otherwayes to secure the trade of the place againest the saids rebells In such maner as they find most convenient

At Edinburgh 20 December 1692

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Order

Recommendation to the treasury concerning a ship against the Bass Rock

The lords of their majesties’ privy council hereby recommend to the lords commissioners of their majesties’ treasury to cause prepare a dogger or other convenient vessel and cause furnish the same sufficiently with men, guns and other necessary arms and provisions for securing of all ships, barks or boats passing up and down the Firth [of Forth] from the rebels on the Bass Rock or otherwise to secure the trade of the place against the said rebels in such manner as they find most convenient.

1. PC1/48, 521.

1. PC1/48, 521.

Procedure: committee, 20 December 1692, Edinburgh

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Procedure: committee

Lord Raith added to the Comittee anent Judges not qualifyed

The Councill Recomends to the Comittee formerly appoynted anent Judges not qualifyed by Law who or there deputs exerce there office to meett the morrow at ten of the Cloack in the forenoon And adds the Lord Raith Theasurer deput to the above Comittee

At Edinburgh 20 December 1692

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Procedure: committee

Lord Raith added to the committee concerning judges not qualified

The council recommends to the committee formerly appointed concerning judges not qualified by law who or their deputes exercise their office to meet tomorrow at 10 o’clock in the forenoon and they add the Lord Raith, treasurer depute, to the above committee.

1. PC1/48, 521.

1. PC1/48, 521.

Commission, 20 December 1692, Edinburgh

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Commission

Comission Sir James Stewart to be there Majesties Advocat

Gullielmus et Maria Dei Gratia Magnae Brittanniae Franciae et Hyberniae Rex et Regina Fideique Defensores Omnibus probis hominibus ad quos presentes literae nostrae pervenerint Salutem Noveritis nos pro nobismet ipsis et tanquam principes Et Senescalli Scotiae Regio nostro animo recolentes fidelem et Dilectum nostrum Dominum Jacobum Stewart Egregiis animi dotibus peritia et Integritate Insigni procul omni dubio predictum2 esse et Instructum atque ad munus et Provinciam Advocati nostri in antiquo nostro Scotiae Regno obeundum usque quaque Idoneum Nominasse Igitur Constituisse et ordinasse Sicuti per has nostras literas Nos pro nobismet ipsis Et tanquam principes et Senescalli Scotiae Nominamus Constituimus et ordinamus Eundem Dominum Jacobum Stewart (Durante nostro bene placito Solum modo) Solum et unicum advocatum nostrum pro nobis met ipsis Et tanquam principibus et senescallis Scotiae In omnibus actionibus et Causis Civilibus et Criminalibus aliisque Cujuscunque naturae ad nos Ad nos in dicto Regno spectantibus sive per leges et praxim ejusdem officio advocati nostri pro nobis met ipsis sive tanquam principibus et senescallis antedictis competentibus Damus pariter et Concedimus dicto Domino Jacobo Stewart durante spatio ante dicto Idem munus et officium Cum universis dignitatibus honoribus privilegiis libertatibus feodis pensionibus et Emolumentis Quibuscunque eo spectantibus una Cum loco voto et suffragio tanquam uni ex status nostri officialibus in omnibus parliamentis Generalibus conciliis et conventibus dicti Regni ac etiam in secreto nostro Concilio et scaccario aliisque Comissionibus ubicunque Advocatus noster nominatur Cum potestate etiam dicto Domino Jacobo Stewart per se suosque substitutos per ipsum Constituendos (pro quibus respondere tenebitur) eodem munere et officio solius nostri advocati pro nobismet ipsis et tanquam principibus et senescallis Scotiae utendi Idemque exercendi Cum universis honoribus Dignitatibus feodis libertatibus et privilegiis eo spectantibus Et per quemlibet alium seu alios advocatos pro nobis aut serenissimis nostris antecessoribus Scotiae Regibus tempore quolibet retro acto petitis3 gavisis seu possessis In Cujus Rei Testimonium presentibus Magnum Sigillum Nostrum appendi mandavimus Apud aulam nostram de Kensingtoun vicesimo octavo die mensis Novembris Anno Domini Millesimo Sexcentesimo nonagesimo secundo Et Anno Regni Nostri quarto Per signaturam manu S D N Regis Supra scriptam Written to the great seall and registrat the tenth day of December Jaj vjc nyntie tuo years Sic subscribitur William Ker. Sealled at Edinburgh the tenth day of December Jaj vjc & nyntie tuo years Sic subscribitur Allexander Inglis

At Edinburgh 20 December 1692

A1692/12/361

Commission

Commission to Sir James Stewart to be their majesties’ advocate

William and Mary by the grace of God king and queen of Great Britain, France and Ireland, and defenders of the faith, to all good men to whom our present letters will have come, greetings. Know that we for us ourselves, and as princes and stewards of Scotland, recollecting in our royal mind our faithful and dear Sir James Stewart to be endowed and trained with extraordinary qualities of character, skill and remarkable integrity as far from all doubt and entirely suitable for performing the duty and office of our advocate in our ancient kingdom of Scotland. Therefore we have nominated, constituted and ordained, just as by these our letters for us ourselves and as the princes and stewards of Scotland, we nominate, constitute and ordain the same Sir James Stewart (during our pleasure only) our sole and single advocate for us ourselves and as princes and stewards of Scotland, in all actions and causes civil and criminal and others of whatever nature pertaining to us in the said kingdom or competent through its laws and practice to the office of our advocate for us ourselves or as princes and stewards foresaid. We likewise give and grant to the said Sir James Stewart, during the aforesaid interval, the same duty and office with all dignities, honours, privileges, liberties, fees, pensions and emoluments whatsoever pertaining to it, along with the position, vote and suffrage as for one from the officials of our state in all parliaments, general councils and conventions of the said kingdom and also in our privy council and exchequer and other commissions whenever our advocate is nominated. With power also to the said Sir James Stewart, by him and his substitutes appointed by himself (for whom he will be held to answer), of using the same for the duty and office of our sole advocate for us ourselves and as princes and stewards of Scotland, and of exercising the same with all honours, dignities, fees, liberties and privileges pertaining to it and gained, enjoyed or possessed by whoever other or other advocates for us or our most serene ancestors kings of Scotland at any time past. In testimony whereof, we have ordered our great seal to be appended to the presents. At our court of Kensington on 28 November 1692, and in the fourth year of our reign. By the sign manual of our supreme lord the king above written. Written to the great seal and registered 10 December 1692. Subscribed: William Kerr. Sealed at Edinburgh 10 December 1692. Subscribed Alexander Inglis.

1. PC1/48, 520-21.

2. *Sic.,* *recte* preditum, as in *RPS*.

3. *Sic*., *recte* potitis.

1. PC1/48, 520-21.