Tag Archives: December

Procedure, 20 December 1692, Edinburgh

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Procedure

Sir James Stewart receaved Kings advocat and a privie Councillour

There Majesties Commissione under the great seall In favours of Sir James Stewart to be there Majesties advocat wes read and ordered to be recorded in the Councill books And the Lord Advocat being called in Did swear and signe the oath of alleadgeance and signed the assureance And The Lord High Chancellour haveing delyvered the said Comission to the Lord Advocat He receaved the same upon his knee And thereafter haveing administrat to him the oath de fideli The Lord Advocat wes receaved a privie Councillour Be vertue of his office and Conforme to his Commissione, whereof the tenor followes

At Edinburgh 20 December 1692

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Procedure

Sir James Stewart received as king’s advocate and a privy councillor

Their majesties’ commission under the great seal in favour of Sir James Stewart to be their majesties’ advocate was read and ordered to be recorded in the council books, and the lord advocate being called in swore and signed the oath of allegiance and signed the assurance and the lord high chancellor, having delivered the said commission to the lord advocate, he received the same upon his knee, and thereafter having administered to him the oath de fideli, the lord advocate was received as a privy councillor by virtue of his office and according to his commission, whereof the tenor follows:

1. PC1/48, 520.

1. PC1/48, 520.

Sederunt, 20 December 1692, Edinburgh

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Sederunt

Lord Chancellour; Earl of Linlithgow; Earl of Louthian; Earl of Forfar; Earl of Breadalbaine; Viscount Tairbatt;Viscount Stair; Lord Raith; Lord Cardross; Lord Carmichaell; Lord Justice Clerk; Lord Hattoune; Lord Fountainhall; Laird of Blackbarrony; Laird of Steiveinstoun; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

At Edinburgh 20 December 16921

A1692/12/342

Sederunt

[John Hay, earl of Tweeddale], lord chancellor; [George Livingstone], earl of Linlithgow; [Robert Kerr], earl of Lothian; [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 of Ormiston], lord justice clerk; [John Lauder] Lord Hatton; [John Lauder], Lord Fountainhall; [Sir Archibald Murray], laird of Blackbarony; [Sir Robert Sinclair], laird of Stevenson; [Sir Robert Pollock], laird of Pollock; Sir William Lockhart; Sir Patrick Murray.

1. PC1/48, 520.

2. PC1/48, 520.

1. PC1/48, 520.

2. PC1/48, 520.

Order, 16 December 1692, Edinburgh

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Order

Recomendation to the Sollicitor to send coppies of the within proclamation to all shirreffs stewarts etc

The Lords of there Majeties privie Councill doe hereby Recomend to Sir William Lockhart there majesties sollicitor to dispatch with all expeditione printed coppies of the proclamation for apprehending Ensigne Campbell and prescryveing rules anent the seizing deserters and Levyeing recruitts, to the shirreffs of the severall shyres within the Kingdome there deputts or clerks To be published at the mercat crosses of the heid burghes of the shyres.

At Edinburgh 16 December 1692

A1692/12/331

Order

Recommendation to the solicitor to send copies of the previous proclamation to all sheriffs, stewarts etc

The lords of their majesties’ privy council hereby recommend to Sir William Lockhart, their majesties’ solicitor, to dispatch with all expedition printed copies of the proclamation for apprehending Ensign Campbell and prescribing rules for seizing deserters and levying recruits, to the sheriffs of the several shires within the kingdom, their deputes or clerks, to be published at the mercat crosses of the head burghs of the shires.

1. PC1/48, 520.

1. PC1/48, 520.

Proclamation, 16 December 1692, Edinburgh

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Proclamation

Proclamation for apprehending Ensigne and Serjeant Campbell and regulating Levies off2 recruitts

The Following proclamatione being read votted and approven wes signed and ordered to be recorded whereof the tenor followes.
William and Mary be the Grace of God King and Queen of Great Brittaine France and Ireland defenders of the faith To […] macers of our privie Councill or messengers at armes Conjunctly and Severally speciallie constitute Greeting Forasmuchas wee are weell Informed of a Cruell murder Committed by Ensigne […] Campbell in Collonel D’offerralls regiment And serjeant Robert Campbell his brother and there accomplices under silence and cloud of night upon Thomas Pickett servant to William Bryce waitter in Burghtoun while he wes Liveing peaceably in the duelling house of the said William Bryce his maister upon the tuelth day of December current without any Just cause or occasione Falseley pretending the said Thomas Pickett wes a deserter from that regiment And wee being Desyrous That the Committers of so haynous a murder should be brought to Condigne punishment Therefore wee with advyce of the Lords of our privie Councill doe hereby requyre and Command all our magistrates officers Souldiers and others our Leedges to doe there outmost Endeavour and diligence to apprehend the said Ensigne Campbell and his said brother And delyver them prisoners to any of the Magistrates of our burghes to be by them keeped in safe Custodie untill they be brought to tryall and suffer condigne punishment for the said cryme Indemnifyeing hereby all persones from all hazard of slaughter mutulatione or any other acts of violence which they may Comitt againest the said Ensigne and serjeant Campbells or any persones with them In apprehending the saids Ensigne and Serjeant Campbells And wee with advyce forsaid doe hereby peremptory Inhibite and Discharge all and everie our Leedges whatsomever to Shalter Harbor Conceall or any way assist or supplye the said Ensigne Campbell or his said brother upon there highest perrill And For Remeading the Inconveniencies which aryse From Irregular and dissorderly Levieing of souldiers or seizing of deserters on the on hand And for secureing our officers of such souldiers as they shall orderly conduce and take on and recovering deserters on the other hand wee with advyce forsaid strictly prohibite and discharge all Inhabitants within this Kingdome to shelter or resett any deserters and Requyre and Comand all our Leedges to secure any deserters alreadie resett by them And to delyver them to the next Justice of peace or Commissioner of assessment To be Committed by them or aither of them to the next prisone untill the matter be tryed aither by the shirreff of the shyre or his deputts or by some Justice of peace in the place or Magistrat of the burgh where the pairtie is secured and the persone so Comitted be aither absolved or delyvered to his officer or some other persone to his behooff under the pain of Ten pound sterling to be payed by the resetter not observing the premisses to the officer of the deserter The resetter alwayes knowing him to be a deserter And If any officer shall orderly conduce and take on any persone to be a souldier for our service who ever shall resett or Conceall him thereafter shall Incurr the Lyke penalty to be payed in maner forsaid And sicklyke wee with advyce forsaid strictly prohibite and discharge all officers and souldiers to seize upon or force any persone to engadge as souldiers but by the free choise and Consent of the persone taken on which is to be proven aither by tuo witnesses not being souldiers or by the oath of the pairty taken on under the Lyke penalty of Ten pound sterling To be payed by the said officers or souldiers to the persone Injured And Farder wee with advyce forsaid doe strictly forbid and discharge all officers souldiers and others Imployed to take on souldiers To break open doores at any tyme or to Invade or besett any house under silence and cloud of night upon pretence of searching for or apprehending any persone as deserters or souldiers taken on by them without a wreitten order from, or at Least the Concurrance of the Shirreff of the Shyre or Justice of peace in Landward or magistrat within burgh or the heretor of the ground where any souldier or deserter taken on is Resett under the pain of ten pound sterling money forsaid To be payed by the Contraveener of any pairt of the premises to the pairties Injured And wee with advyce forsaid Requyre and Comand all magistrates of burgh and landward to receave the Complaints to be made to them by any persone or persones of force and violence or any Irregular means made use of In seizing upon the Compleaners aither as deserters or to make up recruitts And to doe Justice therein with all expeditione as accords And sicklyke that they Grant Summar diligence to any officer souldier or other who shall desyre the same to seize upon deserters And to order all prisone keepers within there respective bounds to receave and secure such as shall be so seized upon And such as shall be orderly taken on and Engadged to be Souldiers The officers who seizes upon and delyvers them into Custodie alwayes obleidging themselves to sustaine and entertain the saids persones Dureing there continuance in prisone And farder that all our troops may be the more speedily recruitted for the ncessar defence of religion And all that is dear to us and our people wee with advyce forsaid requyre all shirreffs Bailzies of Regalityes Stewarts of Stewartries and there deputts Justices of peace and magistrates of Burghes within this Kingdome to Give readie Concurrance for seizing and secureing all vagabonds sorners and other Idle persones who (being able of Lim and Lith) do refuse to work or give a reasonable account how they earne there Liveing befor our saids Judges To the effect they may be delyvered to any of the officers at present makeing recruitts And by them be Imployed in our service as souldiers The saids pairties being alwayes apprehended by ane order from one or other of our Judges forsaids and examinatione taken by them that the saids persones are of the Conditiones and qualificationes foresaids And appoints them to be secured and entertained as is above appoynted conforme to many good Lawes made by our Royall predicessors for freeing the Countrie of such burdensome and Idle persones And that our pleasure in the premises may be knowen Our Will is Herefore And wee charge yow strictly and Command That Incontinent thir our Letters seen ye pass to the mercat croce of Edinburgh and mercatt crosses of the haill remanent heid burghes of this Kingdome and other places needfull And there in our name and authority By open proclamation make publicatione of the premises That none may pretend Ignorance and ordaines thir presents to be printed Given under our signet at Edinburgh the sexteinth day of December and of our reigne the fourth year Jaj vjc and nyntie tuo years Sic subscribitur Tweddale cancel: Linlithgow Breadalbaine Tarbatt Raith Cardross Adam Cockburne John Lauder Archibald Murray Robert Sinclair.

At Edinburgh 16 December 1692

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Proclamation

Proclamation for apprehending Ensigne and Serjeant Campbell and regulating levies of recruits

The following proclamation being read, voted and approved was signed and ordered to be recorded, whereof the tenor follows:
William and Mary by the grace of God king and queen of Great Britain, France and Ireland, defenders of the faith to […] macers of our privy council or messengers at arms jointly and severally specially constituted, greeting. Forasmuch as we are well informed of a cruel murder committed by Ensign […] Campbell in Colonel O’Farrell’s regiment and Serjeant Robert Campbell his brother and their accomplices under silence and cloud of night upon Thomas Pickett, servant to William Bryce, waiter in Broughton while he was living peacefully in the dwelling house of the said William Bryce his master upon 12 December current without any just cause or occasion, falsely pretending the said Thomas Pickett was a deserter from that regiment, and we being desirous that the committers of so heinous a murder should be brought to condign punishment, therefore we with advice of the lords of our privy council hereby require and command all our magistrates, officers, soldiers and others our lieges to do their utmost endeavour and diligence to apprehend the said Ensign Campbell and his said brother and deliver them prisoners to any of the magistrates of our burghs to be by them kept in safe custody until they are brought to trial and suffer condign punishment for the said crime, indemnifying hereby all persons from all hazard of slaughter, mutilation or any other acts of violence which they may commit against the said Ensign and Serjeant Campbell or any persons with them in apprehending the said Ensign and Serjeant Campbell, and we with advice foresaid hereby peremptorily inhibit and discharge all and every one of our lieges whatsoever to shelter, harbour, conceal or any way assist or supply the said Ensign Campbell or his said brother upon their highest peril; and for remedying the inconveniences which arise from irregular and disorderly levying of soldiers or seizing of deserters on the one hand and for securing our officers of such soldiers as they shall orderly conduce and take on and recovering deserters on the other hand, we with advice foresaid strictly prohibit and discharge all inhabitants within this kingdom to shelter or reset any deserters and require and command all our lieges to secure any deserters already reset by them and to deliver them to the next justice of peace or commissioner of assessment to be committed by them or either of them to the next prison until the matter be tried either by the sheriff of the shire or his deputes or by some justice of peace in the place or magistrate of the burgh where the party is secured, and the person so committed be either absolved or delivered to his officer or some other person to his behoof under the pain of £10 sterling to be paid by the resetter not observing the premises to the officer of the deserter, the resetter always knowing him to be a deserter, and If any officer shall orderly conduce and take on any person to be a soldier for our service whoever shall reset or conceal him thereafter shall incurr the same penalty to be paid in manner foresaid, and similarly we with advice foresaid strictly prohibit and discharge all officers and soldiers to seize upon or force any person to engage as soldiers but by the free choice and consent of the person taken on which is to be proven either by two witnesses not being soldiers or by the oath of the party taken on under the same penalty of £10 sterling to be paid by the said officers or soldiers to the person injured; and further we with advice foresaid strictly forbid and discharge all officers, soldiers and others employed to take on soldiers to break open doors at any time or invade or beset any house under silence and cloud of night upon pretence of searching for or apprehending any persons as deserters or soldiers taken on by them without a written order from, or at least the concurrence of the sheriff of the shire, or justice of peace in landward or magistrate within burgh or the heritor of the ground where any soldier or deserter taken on is reset under the pain of £10 sterling money foresaid to be paid by the contravener of any part of the premises to the parties injured; and we with advice foresaid require and command all magistrates of burghs and landward to receive the complaints to be made to them by any person or persons of force and violence or any irregular means made use of in seizing upon the complainers either as deserters or to make up recruits and to do justice therein with all expedition as required, and similarly that they grant summary diligence to any officer, soldier or other who shall desire the same to seize upon deserters and to order all prison keepers within their respective bounds to receive and secure such as shall be so seized upon and such as shall be orderly taken on and engaged to be soldiers, the officers who seize upon and deliver them into custody always obliging themselves to sustain and entertain the said persons during their continuance in prison; and further that all our troops may be the more speedily recruited for the ncessary defence of religion and all that is dear to us and our people, wee with advice foresaid require all sheriffs, bailies of regalities, stewarts of stewartries and their deputes, justices of peace and magistrates of burghs within this kingdom to give ready concurrence for seizing and securing all vagabonds, sorners and other idle persons who (being able of limb and lithe) refuse to work or give a reasonable account how they earn their living before our said judges to the effect they may be delivered to any of the officers at present making recruits and by them be employed in our service as soldiers, the said parties being always apprehended by an order from one or other of our foresaid judges and examination taken by them that the said persons are of the foresaid conditions and qualifications, and we appoint them to be secured and entertained as is above appointed according to many good laws made by our royal predecessors for freeing the country of such burdensome and idle persons, and that our pleasure in the premises may be known, our will is herefore and we charge you strictly and command that immediately these our letters are seen you pass to the mercat cros of Edinburgh and mercat crosses of all the other heed burghs of this kingdom and other necessary places, and there in our name and authority by open proclamation make publication of the premises that none may pretend ignorance, and ordain these presents to be printed. Given under our signet at Edinburgh 16 December and of our reign the fourth year 1692. Subscribed: Tweeddale, chancellor; Linlithgow; Breadalbane; Tarbat; Raith; Cardross; Adam Cockburn; John Lauder; Archibald Murray; Robert Sinclair.

1. PC1/48, 517-19.

2. The words ‘Levies off’ are inserted above the line.

1. PC1/48, 517-19.

2. The words ‘Levies off’ are inserted above the line.

Sederunt, 16 December 1692, Edinburgh

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Sederunt

Lord Chancellour; Earl of Linlithgow; Earl of Breadalbaine; Viscount Tarbatt; Lord Raith; Lord Cardross; Lord Justice Clerk; Lord Fountainhall; Laird of Blackbarronie; Laird of Steivinstoune

At Edinburgh 16 December 16921

A1692/12/312

Sederunt

[John Hay, earl of Tweeddale], lord chancellor; [George Livingstone], earl of Linlithgow; [John Campbell], earl of Breadalbane; [George MacKenzie], Viscount Tarbat; [Alexander Melville], Lord Raith; [Henry Erskine], Lord Cardross; [Sir Adam Cockburn of Ormiston], lord justice clerk; [John Lauder], Lord Fountainhall; [Sir Archibald Murray], laird of Blackbarony; [Sir Robert Sinclair], laird of Stevenson.

1. PC1/48, 517.

2. PC1/48, 517.

1. PC1/48, 517.

2. PC1/48, 517.

Act, 15 December 1692, Edinburgh

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Act

Liberation James Smith Jaylor of Dalkeith tolbooth

The Lords of there Majesties privie Councill being Informed by Sir William Lockhart there Majesties Sollicitor and Sir Patrick Murray the Committee formerly appoynted for examining James Smith late Jaylor of Dalkeith that the said James is but a simple mean persone And that he did Leave the key of the prisone of Dalkeith with aneother persone that night In which the prisoners made there escape And that he is in extream povertie and miserie And verie Lyke to dye in prisone They hereby Give order and warrand to sett the said James at Liberty furth thereof.

At Edinburgh 15 December 1692

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Act

Liberation for James Smith, jailor of Dalkeith tolbooth

The lords of their majesties’ privy council being informed by Sir William Lockhart, their majesties’ solicitor and Sir Patrick Murray, the committee formerly appointed for examining James Smith late jailor of Dalkeith that the said James is but a simple, mean person and that he did leave the key of the prison of Dalkeith with another person that night on which the prisoners made their escape and that he is in extreme poverty and misery and very likely to die in prison. They hereby give order and warrant to set the said James at Liberty furth thereof.

1. PC1/48, 517.

1. PC1/48, 517.

Warrant, 15 December 1692, Edinburgh

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Warrant

Warrand to open the Exchange Coffie house

Anent the petitione Given in to the Lords of there majesties privie Councill be the Maisters and owners of the Exchange Coffee house Shewing That there Lordships haveing appoynted the magistrats of Edinbrugh to shutt up the said Coffeehouse upon the account of a letter presented to there Lordships direct to the said Coffeehouse Containing severall false and seditious news The petitioners doe in all humility And for vindicatione of there oune Innocence Represent to the saids Lords primo That albeit there were severall Letters offensive to the Government that came doun from London to Edinburgh yet ther wes never a Letter seen in that Coffie house againest which any objectione could have been made befor the tyme that there Lordships appoynted all the news Letters to be delyvered to the Clerks of the Councill before they were opened /Secundo/ Constantly from the tyme of the saids Lords there order forsaid The haill news Letters Direct to that Coffiehouse were conforme to there Lordships ordinance Constantly Carryed to the Clerks of the Councill and broken open and perused by them befor they Came abroad As the Clerks themselves have declared Tertio The petitioners finding (that above Fyve or six weeks befor the saids Lords ordained the said Coffie house to be shutt) The Letters directed thereto were keept up Some of the petitioners did apply to there majesties sollicitor to know the reasone thereof And being Informed by him That there were severall things in these Letters That might give Just offence to the government They declared they would establish a new Correspondent And have no more to doe with him that wrot such Letters And which accordingly they did And receaved for severall posts, Letters from there New Correspondent which were all perused by the sollicitor or the Clerks of Councill and approven of by them Quarto This Letter which hes given the saids Lords so Just offence is certainly ane act of the greatest malice Imaginable In the petitioners there old correspondent off purpose to bring the petitioners under trouble upon the account of there Giveing over all correspondence with him And which is evident from the contents of the Letter (as the petitioners are Informed) which are so notoriously false That no man of sense or reasone (except out of such a malicious designe) could ever be perswaded to wreitt the Lyke And that this Letter is from there old correspondent and not from the persone the petitioners have Lately established is evident by Compareing the hand wreit And Sieing the petitioners were alwayes and still are resolved to shune all occasiones that can give the saids Lords or the government the Least offence And that the Locking up of the Coffie house will certainly be verie prejudiciall to the petitioners there private interest They haveing expended a Considerable stock for makeing provisiones for the same And that the Correspondent which the petitioners have presently established is a person knowen to be well affected to there majesties government and therefore Craveing that the saids Lords would be pleased to take the premises to consideratione And to recall the former ordinance And to allow the petitioners coffeehouse to be opened and made use of as formerly Sieing the petitioners are content to find Cautione that no news Letters hereafter to be2 directed to there keeper of the said coffee house shall be published or devulged untill first the same be offered to there Majesties advocat or sollicitor or ane of the Clerks of privie Councill to be perused and revised by them or aither of them or any other persone the saids Lords shall think fitt to appoynt for that effect As the said petition bears The Saids Lords of there Majesties privie Councill Haveing Considered the above petitione Given into them subscryved be Gilbert Fyff and James Marjoribanks merchands in Edinburgh as ouners and Maisters of the Exchange Coffee house They hereby allow the said Coffeehouse to be open as formerly and made use of And Gives order and warrand to the Clerks of Councill to delyver up to the saids Gilbert Fyff and James Marjoribanks the Keyes of the said Coffeehouse Lyeing in there hands3 In respect the saids Gilbert Fyff and James Margoribanks have found sufficient Cautione acted in the books of privie Councill that they shall vent no false news in the said Coffee house nor expose any news Letters to publict view untill the same be perused by such as the Councill shall appoint under the penalty of Fiftie pounds Sterling In case they shall transgress in any pairt of the premises, The reviser alwayes setting his name thereto as haveing revised the same or at least ane other mark as haveing revised the same.

At Edinburgh 15 December 1692

A1692/12/291

Warrant

Warrant to open the Exchange coffee house

Regarding the petition given in to the lords of their majesties’ privy council by the masters and owners of the Exchange coffee house, showing that their lordships, having appointed the magistrates of Edinburgh to shut up the said coffeehouse on account of a letter presented to their lordships directed to the said coffeehouse containing false and seditious news, the petitioners in all humility and for vindication of their own innocence represent to the said lords: First, that albeit there were several letters offensive to the government that came down from London to Edinburgh yet there was never a letter seen in that coffee house against which any objection could have been made before the time that their lordships appointed all the news letters to be delivered to the clerks of the council before they were opened; Second, constantly from the time of the said lords’ order foresaid, all the news letters directed to that coffeehouse according to their lordships’ ordinance were constantly carried to the clerks of the council and broken open and perused by them before they went abroad, as the clerks themselves have declared; Third, the petitioners finding (that above five or six weeks before the said lords ordained the said coffee house to be shut) the letters directed thereto were kept up, some of the petitioners did apply to their majesties’ solicitor to know the reason thereof, and being informed by him that there were several things in these letters that might give just offence to the government, they declared they would establish a new correspondent and have no more to do with him that wrote such letters, which accordingly they did and received for several posts, letters from their new correspondent which were all perused by the solicitor or the clerks of council and approved by them; Fourth, this letter which has given the said lords so just offence is certainly an act of the greatest malice imaginable in the petitioners’ old correspondent of purpose to bring the petitioners under trouble upon the account of their giving over all correspondence with him, which is evident from the contents of the letter (as the petitioners are informed), which are so notoriously false that no man of sense or reason (except out of such a malicious design) could ever be persuaded to write the like, and that this letter is from their old correspondent and not from the person the petitioners have lately established is evident by comparing the handwriting, and seeing the petitioners were always and still are resolved to shun all occasion that can give the said lords or the government the least offence and that the locking up of the coffee house will certainly be very prejudicial to the petitioners’ private interest they having expended a considerable stock for making provisions for the same, and that the correspondent which the petitioners have presently established is a person known to be well-affected to their majesties’ government, and therefore craving that the said lords would be pleased to take the premises to consideration and to recall the former ordinance and allow the petitioners’ coffeehouse to be opened and made use of as formerly, seeing the petitioners are content to find caution that no news letters hereafter to be directed to the keeper of the said coffee house shall be published or divulged until first the same is offered to their majesties’ advocate or solicitor or one of the clerks of privy council to be perused and revised by them or either of them or any other person the said lords shall think fit to appoint for that effect, as the said petition bears. The said lords of their majesties’ privy council, having considered the above petition given in to them subscribed bye Gilbert Fife and James Marjoribanks, merchants in Edinburgh, as owners and masters of the Exchange coffee house, they hereby allow the said coffeehouse to be open as formerly and made use of and give order and warrant to the clerks of council to deliver up to the said Gilbert Fife and James Marjoribanks the keyes of the said coffeehouse lying in their hands, in respect that the said Gilbert Fife and James Marjoribanks have found sufficient caution acted in the books of privy council that they shall vent no false news in the said coffee house nor expose any news letters to public view until the same are perused by such as the council shall appoint under the penalty of £50 sterling in case they shall transgress in any part of the premises, the reviser always setting his name thereto as having revised the same or at least an other mark as having revised the same.

1. PC1/48, 515-17.

2. Word ‘delyvered’ scored out here.

3. Word ‘The’ scored out here.

1. PC1/48, 515-17.

Procedure: committee, 15 December 1692, Edinburgh

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Procedure: committee

Sir John Maxwell added to the Comittee anent deserters and recruitts

The Lords of there Majesties privie Councill Doe hereby Add Sir John Maxwell of Pollock to the Comittee appointed anent deserters and recruitts And recomends to the said Comittee to prepare a proclamatione regulating the method of seizing deserters or takeing on of souldiers for makeing up the recruitts In such Just and fair wayes as nether the makeing up of the recruitts may be retarded nor the Leedges pressed or molested And Recomends to that Comittee to meet the morrow at ten in the forenoon and so furth each day till the recruitts be perfected.

At Edinburgh 15 December 1692

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Procedure: committee

Sir John Maxwell added to the committee for deserters and recruits

The lords of their majesties’ privy council hereby add Sir John Maxwell of Pollock to the committee appointed for deserters and recruits, and recommend to the said committee to prepare a proclamation regulating the method of seizing deserters or taking on of soldiers for making up the recruits in such just and fair ways as neither the making up of the recruits may be retarded nor the lieges pressed or molested, and they recommend to that committee to meet tomorrow at ten in the forenoon and so forth each day till the recruits be perfected.

1. PC1/48, 515.

1. PC1/48, 515.

Act, 15 December 1692, Edinburgh

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Act

Act Mr Richard Howison and Mr Lyndsay for stipend

Anent the petitione given in to the to the Lords of there Majesties privie Councill be Mr Richard Howstoun minister at Cockpen Shewing That where the petitioner by ane act of parliament restoreing old presbiterian ministers to there Churches From which they were outted in the year Jaj vjc sixtie one did returne to his church of Alva and served the Cure there as minister till and after michaellmess last by past Jaj vjc nyntie one whereby conforme to the said act of parliament The petitioner hade undoubted right to the Legall stipend of the said paroch of Alva for the half year Jaj vjc Eightie nyne and subsequent years dureing his serving of the Cure there Nevertheles Mr Lyndsay being Incumbent befor the said act of parliament and haveing procured ane Call from some of that paroch to returne to Alva after the petitioners setlement at Cockpen did give in a petitione to the saids Lords wherein he represents That the petitioner uplifted the stipend be vertue of the said act of parliament for ane year wherein he served and Lykewayes Insinuates that the petitioner removed befor michaellmess last And therefore craved that since he hade a Call to exercise his ministerie in the said paroch for the Last half year Jaj vjc nyntie one and the first half year Jaj vjc nyntie tuo In regaird he pretends a Call from the haill heretors and paroch The Saids Lords by there delyverance upon the tuenty second day of Junij Last ordained him to be ansuered and obeyed of the forsaid tuo half years stipends As to which It is humbly represented /primo/ That Mr William Lyndsay Cannot make it appear the said Mr William hade right or the Least pretence or Shaddow of Law But on the Contrarie he actually Intromitted with a Considerable pairt of the stipend to which the petitioner hade right by the forsaid act of parliament To witt the one half of the year Jaj vjc Eightie nyne Secundo It is notourly Knowen that the petitioner officiat after michaellmes And if nead be is It is offered to be proven that the petitioner actuallie served the Cure of Alva till and after michaellmess nether can the said Mr Lyndsay pretend that he did so much as preach till a Considerable tyme after Michaellmess And so Can have no pretence of law to the Last half years stipend Jaj vjc nyntie and notwithstanding of his pretences and Insinuations in his petitione As to which Insinuationes the petitioner shall not offer to there Lordships any further trouble Bot to consider the petitioners Interest in the matter Since the same is offered to be made appear And that the petitioner wes not called nor heard at the procureing of there Lordships interloquitor And that the petitioners interest is now humbly represented to the saids Lords And therefore Craveing that there Lordships would be pleased to consider there former interloquitor in favours of Mr Lyndsay And to recall the samen And ordaine payment of the said last half years stipend Jaj vjc nyntie one To be made to the petitioner as haveing right In maner forsaid by the heretors titulars tacksmen and possessors of teynds Conforme to the decreet of Locality and use and wont And in case the said Mr Lyndsay hes be vertue of the saids Lords there ordinance Intromitted with any of the said half years stipend That these who hes so made a payment to him may aither repeat the samen from him or that they may have allowance and retentione in there hands of the next years stipend And ordaine Letters of horning to pass at the petitioners2 Instance against the heretors tacksmen and possessors of the teynds As the said petitione bears The Saids Lords of there Majesties privie Councill Haveing Considered this petition Given into them be the above Mr Richard Houstoun and the ansuers Given in be the said Mr William Lyndsay to the said petitione And haveing heard the report of a Comittee of there oune Number made to them verbally in the said matter That they have aggreed the pairties And that they are satisfyed that the stipend of the above kirk of Ava for the last half of Cropt and3 year of God Jaj vjc nyntie one4 be equallie divyded betuixt them The Saids Lords doe hereby approve of the said report and agreement and interpone there authority thereto And ordaines the heretors titulars Lyfrenters and tacksmen of teynds tennents possessors and other Lyable in payment of the said half years stipend to make payment of the same to the said Mr Richard Howstoun and Mr William Lyndsay equallie betuixt them And ordaines Letters of horning under the signet of Councill to be direct at the instance of the saids persones againest them for that effect They produceing a decreet of Localitie And in case there be none ordaines these Lyable to make to the saids Mr Richard Howstoun and Mr William Lyndsay equallie betuixt them of there respective proportiones of the said half years stipend according as they shall be decerned be the Judge ordinarie The Saids Mr Richard Howstoun alwayes before extracting hereof swearing and signeing the oath of alleadgeance to there majesties King William and Queen Mary and signeing the assureance prescryved be act of parliament And that In presence of any one of the Lords of privie Councill And recalls the former act of Councill of the date the tuenty second day of Junij Last In favours of the said Mr William Lyndsay In so farr as Concernes the above half years stipend.

At Edinburgh 15 December 1692

A1692/12/271

Act

Act for Mr Richard Howison and Mr Lindsay for stipend

Regarding the petition given in to the lords of their majesties’ privy council by Mr Richard Houston, minister at Cockpen, showing that where the petitioner by an act of parliament restoring old presbyterian ministers to their churches from which they were outed in 1661 did return to his church of Alva and served the cure there as minister till after Michaelmas last 1691, whereby according to the said act of parliament the petitioner had undoubted right to the legal stipend of the said parish of Alva for the half year 1689 and subsequent years during his serving of the cure there, nevertheless Mr Lindsay being incumbent before the said act of parliament and having procured a call from some of that parish to return to Alva after the petitioner’s settlement at Cockpen gave in a petition to the said lords wherein he represents that the petitioner uplifted the stipend by virtue of the said act of parliament for a year wherein he served and likewise insinuates that the petitioner removed before Michaelmas last and therefore craved that since he hade a call to exercise his ministry in the said parish for the last half year 1691 and the first half year 1692 in regard that he claims a call from the whole heritors and parish, the said lords by their deliverance upon 22 June last ordained him to be answered and obeyed of the foresaid two half years’ stipend, as to which it is humbly represented: First, that Mr William Lindsay cannot make it appear that the said Mr William had right or the least pretence or shadow of law but on the contrary he actually intromitted with a considerable part of the stipend to which the petitioner had right by the foresaid act of parliament, to wit the one half of the year 1689; Second, it is well known that the petitioner officiated after Michaelmas and if need be it is offered to be proven that the petitioner actually served the cure of Alva till after Michaelmas, neither can the said Mr Lindsay pretend that he did so much as preach till a considerable time after Michaelmas and so can have no pretence of law to the last half year’s stipend 1690 and notwithstanding of his pretences and insinuations in his petition, as to which insinuations the petitioner shall not offer to their lordships any further trouble but to consider the petitioner’s interest in the matter since the same is offered to be made clear, and that the petitioner was not called nor heard at the procuring of their lordships’ interlocutor and that the petitioner’s interest is now humbly represented to the said lords, and therefore craving that their lordships would be pleased to consider their former interlocutor in favour of Mr Lindsay and to recall the same and ordain payment of the said last half year’s stipend 1691 to be made to the petitioner as having right in manner foresaid by the heritors, titulars, tacksmen and possessors of teinds according to the decreet of locality and use and wont, and in case the said Mr Lindsay has by virtue of the said lords their ordinance intromitted with any of the said half year’s stipend, that those who have made a payment to him may either recover the same from him or that they may have allowance and retention in their hands of the next year’s stipend, and ordain letters of horning to pass at the petitioner’s instance against the heritors, tacksmen and possessors of the teinds, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Mr Richard Houston and the answers given in by the said Mr William Lindsay to the said petition, and having heard the report of a committee of their own number made to them verbally in the said matter that they have agreed the parties and that they are satisfied that the stipend of the above kirk of Alva for the last half of crop and year of God 1691 be equally divided between them, the said lords hereby approve of the said report and agreement and add their authority thereto, and ordain the heritors, titulars, liferenters and tacksmen of teinds, tenants, possessors and others liable for payment of the said half year’s stipend to make payment of the same to the said Mr Richard Houston and Mr William Lindsay equally between them, and ordain letters of horning under the signet of council to be directed at the instance of the said persons against them for that effect, they producing a decreet of locality, and in case there is none, they ordain those liable to make payment to the said Mr Richard Houston and Mr William Lindsay equally between them of their respective proportions of the said half year’s stipend as they shall be discerned by the judge ordinary, the said Mr Richard Houston always before extracting hereof swearing and signing the oath of allegiance to their majesties King William and Queen Mary and signing the assurance prescribed by act of parliament and that in presence of any one of the lords of privy council, and they recall the former act of council of 22 June last in favour of the said Mr William Lindsay, in so far as concerns the above half year’s stipend.

1. PC1/48, 513-15.

2. Word inserted above the line.

3. Word inserted above the line. Words ‘of the’ scored out.

4. Word inserted above the line.

1. PC1/48, 513-15.

2. Word inserted above the line.

3. Word inserted above the line. Words ‘of the’ scored out.

4. Word inserted above the line.

Warrant, 15 December 1692, Edinburgh

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Att Edinburgh the Fyfteinth Day off December Jaj vjc nyntie tuo years

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Warrant

Warrand to Sir James Leslie to secure Daniell Sutherland

The Lords of there Majesties privie Councill Doe hereby recomend to Sir James Leslie to take care that Daniell Sutherland souldier in Captain Pagetts companie in Sir James Leslies regiment and now Lyeing wounded in the house of […] in Coldtoun who wes present at the Killing of Thomas Pickett in Burghtoune Be Secured so as he may not escape But that he be produced to ansuer as Law will to what may be Laid to his charge whensoever he shall recover

At Edinburgh 15 December 1692

A1692/12/261

Warrant

Warrand to Sir James Leslie to secure Daniell Sutherland

The lords of their majesties’ privy council hereby recommend to Sir James Leslie to take care that Daniel Sutherland, soldier in Captain Pagett’s company in Sir James Leslie’s regiment and now lying wounded in the house of […] in Calton who was present at the killing of Thomas Pickett in Broughton be secured so as he may not escape but that he be produced to answer as law requires to what may be laid to his charge whenever he shall recover.

1. PC1/48, 513.

1. PC1/48, 513.