Procedure: report, 8 December 1692, Edinburgh

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

A1692/12/51

Procedure: report

Report of the Comittee anent the Jaylor of Dalkeith

Report of the Committed2 of Councill appoynted for examining the Jaylor of Dalkeith tolbooth Bearing that he trusted the key of the tolbooth the night befor the prisoners escaped with one of the prisoners as he hade done severall tymes of before read and Laid asyde till aneother dyett And it being represented that the Jaylor declares tho the door hade been Locked The prisoners could have easily escaped by the unsuffciencie of the prisone The Lord Raith Theasurer deput declared he would take care that the prisone be put in case and a bailzie of regalitie be setled in Dalkeith.

At Edinburgh 8 December 1692

A1692/12/51

Procedure: report

Report of the Committee concerning the jailor of Dalkeith

Report of the committee of council appointed for examining the jailor of Dalkeith tolbooth, bearing that he entrusted the key of the tolbooth the night before the prisoners escaped with one of the prisoners as he had done several times before, read and laid aside till another diet. And it being represented that the jailor declares though the door had been locked, the prisoners could have easily escaped by the insuffciency of the prison, the Lord Raith, treasurer depute, declared he would take care that the prison be put in case and a bailie of regality be settled in Dalkeith.

1. PC1/48, 479-80.

2. Sic.

1. PC1/48, 479-80.

Act, 8 December 1692, Edinburgh

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

A1692/12/41

Act

Protection Cuningham of Robertland

Anent the petitione Given in to the Lords of there majesties privie Councill be David Cuninghame of Robertland Shewing That where as the petitioner is cited to appear befor the saids Lords at the Instance of James Hay wreitter in Irving to ansuer for ane pretended ryot alleadged to be Comitted by the petitioner againest him Its Humbly represented to the saids Lords that the petitioner doeth Lye under severall diligences of Captione for civill debt and Cautionries wherein he stands Engadged for Sir Alexander Cuninghame of Corshill So that the petitioner Cannot give obedience to the saids Letters without the saids Lords be pleased to grant him personall protectione Likeas the day of the petitioners Compearance befor the saids Lords be vertue of the forsaid citatione is upon the eighth of this instant As they appeared to the saids Lords by a double of the Lybell produced with the said petitione Which wes not delyvered to the petitioner at least came not to his hands or to his knowledge before the third Instant So that the petitioner hade not sufficient tyme to Consult Lawyers and to make his ansuer to the said Complaint Especially the distance of the place where he Lives And therefore Craveing to the effect underwreitten As the said petitione bears The Lords of there majesties privie Councill Haveing considered the above petitione Given in to them be David Cuninghame of Robertland They hereby Grant personall protection to the petitioner till the sixteenth day of december current Inclusive and discharges all Macers Messengers at armes officers of burghes and other ministers of the Law within this Kingdome to putt any Captiones or acts of warding to executione againest the petitioner dureing the said tyme Except for there Majesties rents and revenues allenarly sic subscribitur Tweeddale cancel: Melvill Privy Seall Linlithgow Breadalbane Stair Beilhaven Frances Montgomerie William Lockhart Patrick Murray

At Edinburgh 8 December 1692

A1692/12/41

Act

Protection for Cunningham of Robertland

Concerning the petition given in to the lords of their majesties’ privy council by David Cunninghame of Robertland showing that whereas the petitioner is cited to appear before the said lords at the instance of James Hay writer in Irvine to answer for a pretended riot alleged to be committed by the petitioner against him, it is humbly represented to the said lords that the petitioner lies under several diligences of caption for civil debt and cautionries wherein he stands engaged for Sir Alexander Cunninghame of Corshill, so that the petitioner cannot give obedience to the said letters unless the said lords be pleased to grant him personal protection, for the day of the petitioner’s appearance before the said lords by virtue of the foresaid citation is upon the eighth of this instant as they appeared to the said lords by a double of the libel produced with the said petition which was not delivered to the petitioner, at least came not to his hands or to his knowledge before the third instant, so the petitioner had not sufficient time to consult lawyers and to make his answer to the said complaint, especially the distance of the place where he lives. And therefore craving to the effect underwritten, as the said petition bears. The lords of their majesties’ privy council, having considered the above petition given in to them by David Cunningham of Robertland, they hereby grant personal protection to the petitioner till 16 December current inclusive, and discharge all macers, messengers at arms, officers of burghs and other ministers of the law within this kingdom to put any captions or acts of warding to execution against the petitioner during the said time except for their majesties’ rents and revenues only. Subscribed: Tweeddale chancellor; Melville, privy seal; Linlithgow; Breadalbane; Stair; Belhaven; Francis Montgomerie; William Lockhart; Patrick Murray.

1. PC1/48, 479

1. PC1/48, 479

Act, 8 December 1692, Edinburgh

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

A1692/12/31

Act

Protection Viscount of Kenmure

Anent the petitione Given in to the Lords of there Majesties privie Councill be Alexander Viscount of Kenmure shewing That where the petitioner being called at the instance of Clamorous Margaret Rasper And hes attended severall dyets for a hearing And that the saids Lords have alwayes granted safe conduct and protectione to all persones in the petitioners Circumstances And which the petitioner Lykewayes hade untill this thursday wherein that effair could not be called Because of that effair of the toun of Edinburgh And the saids Lords there other great effairs And that it is most Just and absolutely necessar That the petitioner would have his protection prorogate to a further tyme Sieng the petitioner wes not only still readie to appear but does frequently Importune the saids Lords for a hearing And therefore Craveing to the effect underwreatten As the said petitione bears The saids Lords of there Majesties privie Councill Haveing considered this petitione Given in to them be the above Viscount of Kenmure They hereby prorogate the personall protectione alreadie granted to the said viscount till the tuenty second day of December Current Inclusive and discharges all macers messengers officers within burgh and other ministers of the Law from puting any Letters of Caption acts of warding or other personall diligences to executione againest the petitioner dureing the said space Except as to there majesties rents and dues allennarly sic subscribitur Tweeddale Cancel: Melvill Privy Seall Linlithgow Breadalbaine Stair Beilhaven Frances Montgomerie William Lockhart Patrick Murray

At Edinburgh 8 December 1692

A1692/12/31

Act

Protection for Viscount of Kenmure

Concerning the petition given in to the lords of their majesties’ privy council by Alexander [Gordon] Viscount of Kenmure showing that where the petitioner being called at the instance of clamorous Margaret Rasper and has attended several diets for a hearing and that the said lords have always granted safe conduct and protection to all persons in the petitioner’s circumstances, and which the petitioner likewise had until this Thursday, wherein that affair could not be called because of that affair of the town of Edinburgh and the said lords’ other great affairs, and that it is most just and absolutely necessary that the petitioner would have his protection prorogued to a further time, seeing the petitioner was not only still ready to appear but does frequently importune the said lords for a hearing. 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 Viscount of Kenmure, they hereby prorogue the personal protection already granted to the said viscount till 22 December current inclusive and discharge all macers, 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 except as to their majesties’ rents and dues only. Subscribed: Tweeddale, chancellor; Melville, privy seal; Linlithgow; Breadalbane; Stair; Belhaven Francis Montgomerie; William Lockhart; Patrick Murray.

1. PC1/48, 478-9.

1. PC1/48, 478-9.

Act, 8 December 1692, Edinburgh

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

A1692/12/21

Act

Liberatione Viscount Frendraught

Anent the petitione Given in to the Lords of there Majesties privie Counsell be Lodovick Viscount of Frendraught Shewing That where the petitioner being still prisoner since the surrender of the Castle of Fedderet yet he Cannot but acknowledge his sence of Gratitude which the saids Lords were pleased to grant him by the Late Enlargement And In respect that the petitioner hes Litle or nothing to Live upon And that some of his relationes are dyeing which would be a great Loss to him If he should not be present befor they dyed And in regaird that Sir Thomas Livingstoun by there Lordships order allowed the petitioner to use all means for his releasment aither by Exchange of prisoners in France or any other way the Supplicant could fall upon As ane double of a letter direct from the said Sir Thomas to the petitioner produced with the said petitione hes testifyed And sieing that there is only six Hundreth merks allowed to the petitioners Ladie which Cannot mantaine them both And that all the prisoners that were taken in the house of Fedderet are sett at Libertie 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 Viscount of Frendraught They hereby Grant order and warrand to the deputie Governour of the Castle of Stirling And in his absence to the next Comanding officer there To sett the petitioner at Liberty Furth of the said Castle In respect he hes found sufficient Cautione acted in the books of privie Councill That he shall Live peaceablie under and with all submissione to the present government of there majesties King William and Queen Mary And that he shall not act Consult or contryve anything in prejudice thereof nor shall not converse any thing in prejudice thereof nor shall not converse nor correspond with rebells And that he shall appear befor the saids Lords upon the Last tuesday of Februarij next to come or sooner If he shall be Called under the penaltie of Ane Hundreth pound sterling In case the petitioner shall transgress in any pairt of the premises.

At Edinburgh 8 December 1692

A1692/12/21

Act

Liberation for Viscount Frendraught

Concerning the petition given in to the lords of their majesties’ privy council by Ludovic Viscount of Frendraught showing that where the petitioner being still a prisoner since the surrender of the Castle of Fedderate, yet he cannot but acknowledge his sense of gratitude which the said lords were pleased to grant him by the late enlargement, and in respect that the petitioner has little or nothing to live upon and that some of his relations are dying, which would be a great loss to him if he should not be present before they died, and in regard that Sir Thomas Livingston by their lordships’ order allowed the petitioner to use all means for his release, either by exchange of prisoners in France or any other way the supplicant could fall upon, as a double of a letter directed from the said Sir Thomas to the petitioner produced with the said petition has testified, and seeing that there is only 600 merks allowed to the petitioner’s lady, which cannot maintain them both, and that all the prisoners that were taken in the house of Fedderate are set at liberty. 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 Viscount of Frendraught, they hereby grant order and warrant to the deputy governor of the Castle of Stirling, and in his absence to the next commanding officer there, to set the petitioner at liberty furth of the said castle in respect he has found sufficient caution acted in the books of privy council that he shall live peacefully under and with all submission to the present government of their majesties King William and Queen Mary and that he shall not act, consult or contrive anything in prejudice thereof and shall not converse any thing in prejudice thereof nor converse or correspond with rebels, and that he shall appear before the said lords upon the last Tuesday of February next to come or sooner if he shall be called, under the penalty of £100 sterling in case the petitioner shall transgress in any part of the premises.

1. PC1/48, 477-8.

1. PC1/48, 477-8.

Sederunt, 8 December 1692, Edinburgh

Att Edinburgh the Eight day of December Jaj vjc and nyntie tuo years1

A1692/12/12

Sederunt

Lord Chancellour; Earl of Melvill Lord privy seall; Earl of Linlithgow; Earl of Forfar; Earl of Breadalbaine; Viscount Tarbatt; Viscount Stair; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Carmichaell; Lord Hattoun; Lord Fountainhall; Lord Enstruther; Mr Francis Montgomery; Laird of Grant; Laird of Blackbarronie; Laird of Steivinstoun; Sir William Lockhart; Sir Patrick Murray

At Edinburgh 8 December 16921

A1692/12/12

Sederunt

[John Hay, earl of Tweeddale] lord chancellor; [George Melville] earl of Melville, lord privy seal; [George Livingstone] earl of Linlithgow; [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 Hamilton] Lord Beilhaven; [John] Lord Carmichaell; [John Lauder] Lord Hatton; [John Lauder] Lord Fountainhall; [William Anstruther] Lord Anstruther; Mr Francis Montgomery; [Ludovic Grant], laird of Grant; [Sir Archibald Murray] laird of Blackbarony; [Sir Robert Sinclair] laird of Stevenson; Sir William Lockhart; Sir Patrick Murray.

1. PC1/48, 477.

2. PC1/48, 477.

1. PC1/48, 477.

2. PC1/48, 477.