Procedure: patent recorded, 14 January 1696, Edinburgh

At Edinburgh tuesday the fourteen day of Januarie Jaj vjc nynty and sex years

A1696/1/91

Procedure: patent recorded

Patent Lord George Hamilton to be Earle of Orkney

The following patent being read was ordered to be recorded and after reading delyvered by the Lord high Chancellor to the Lord Carmichaell Follows the tenor of the patent
Gulielmus Dei Gratia Magnae Brittanniae Franciae et Hiberniae Rex fideique defensor omnibus probis Hominibus suis ad quos presentes literae nostrae pervenerint salutem quandoquidem obeis praeclare2 gestas excelsae Honoris encomia tanquam premia debita et condigna de nobis benemerentibus omnino debentur3 Quum etiam Regiae nostrae dignitati est consentaneum Insignes gratiae et estimationes4 nostrae Characteres conferre in illos qui illustrissimi sunt generis et quorum preclara etiam facinora cum praesapiae5 suae dignitate convenire videntur Et nos Considerantes Dominum Georgium Hamilton filium nuperi Ducis de Hamilton ortum esse e6 familia in summo honoris gradu illustri et etiam de Regio nostro sanguine Et quae per multa retroacta secula constanti fidelitate et adhesione serenissimis nostris antecessoribus eorumque coronae et dignitate7 tanquam discriminante Charactere clarum sese reddidit obquae plurimum illius familiae Princeps8 prout in summa erant rum9 administratione sic etiam hoc10 ipso nomine gloriosissimo modo vita erant privati nos etiam in memoriam revocantes nuperum Ducem11 de Hamilton quod opem et auxilium eminenter prebuit pro stabilendo hoc nostro Regio12 Scotiae sub authoritate nostra plurimis etiam occasionibus res nostras promoverat cum sacram nostram representaret personam in Parliamentis nostris dicti Regni tanquam supremus noster Commissionarius Quin eatiam13 quod idem Dominus Georgius Hamilton generis sui et sanguinis nobilitati propria sua virtute superaddidit ac eximiae suae fidei et fortitudinis multa et preclara dederit specimina Tum in preliis apud Boyne Alqrm Aghrim Stenkirk et Landen Tum in obsidiendibus Athlon et Limrick nuperrime etiam et eminenter in obsidione Civitatis de Namuire sub intuitu natro14 et observatione ob haec igitur plurimasque alias magni momenti res et rationes ac insignem et durabilem Regii nostri favoris Tesseram in illum qusque15 familiam conferre statuimus et inde excitentur in fidelitate et officio erga nos nostrosque regious16 successores firmiter continuare utque etiam validiores in posterum reddantur ejusmodi munera et officia obire quae in Coronae nostrae servitia ipsis Committi17 contigerit Noveritis igitur nos nominasse fecisse constituisse et Creasse sicut et per presentes hosce nostros patentes libellos nominamus facimus constituimus et Creamus eundem Dominum Georgium Hamilton Comitem Vice Comitem et Liberum Parliamenti Dominum Comitem de Orkney Vicecomitem de Kirkwall et Dominum Dechmont in dicto Regno nostro Scotiae designandum Damus porro concedimus et Conferimus in Dictum Dominum Georgium Hamilton et Heredes masculos de quo18 Corpore quibus deficientibus Heredes de quo19 corpore quoscunque antedictum Titulum Dignitatem gradum et Honorem Comitis Vice Comitis et Liberi parliamenti Domini ut Predicitur cum plene ad modum potestate illi ejusque antedictis eodem fruendi et gaudendi cum universis et singulis prerogativis praeeminentiis previledgiis Libertatibus et immunitatibus quibuscunque eo attinentibus et spectantibus quibuscum Dictum Dominum Georgium Hamilton ejusque predictos Nobilitamus et investimus speciatim cum Libero in parliamento suffragio Tenendum et Habendum antedictum Titulum dignitatem gradum et Honorem Cometis20 Vicecomitis et Liberi parliamenti Domini Cum universis et singulis prerogativis presedentiis praeeminentiis previledgiis Libertatibus immunitatibus aliisque quibuscunque eo spectantibus per dictum Dominum Georgium Hamilton ejusque antedictos De nobis nostrisque serenissimis successoribus in omnibus parliamentis ordinum conventibus Conciliis Generallibus omnibusque aliis publicis et Privatis ejusdem Regni Congressibus tanquam plenarie adeoque libere in omnibus respectibus et Conditionibus quam quivis alius Comes Vicecomes et Liber Parliamenti Domino21 tali Titulo Honore Dignitate et gradu quovis Corpore22 preterito presenti aut futuro potitus et gavisus est23 seu frui et gaudere gaudere poterit Leoni porro Armorum Regi ejusque fratribus faecialibus mandamus ut praefato Domino Georgio Hamilton (24nunc Comitti25 de Orknay talia insignus sine26 gentilitiis additamento27 qualia ipsi illisque congrua et similibus Cassibus usitata videbuntur […]28 praescribant Ordinamus denique et declaramus hasce nostras patentes Literas sub m[a]gno nostro sigillo adeo validos et sufficientes fore illi quisque29 predictis pro possidendo dicto Titulo dignitate gradu et Honore Comitis Vicecomitis et Liberi parliamenti domini ut predicitur cum omnibus priveledgiis aliisque quibuscunque eo spectantibus ac si ipse ejusque predicti cum omnibus Ritibus et Ceremoniis similibus occasionibus proprius30 usitatis investiti et inaugurati fuissent Quocirca nos pro nobis nostrisque successoribus dispensamus in perpetuum In cujus Rei testimonium presentibus magnum sigillum nostrum appendi praecipimus apud Aulam nostram de Kensingtoune Tertio die mensis Januarie anno Domini melesimo sexcentesimo nonogesimo sexto Regnique nostri anno septimo per signaturam manu S D N Regis supra31 signatum wryten to the great seall and registrat the fourteenth day of Januarie Im vjc nynty et sex years sic subscribitur Charles Kerr Sealled at Edinburgh the fourteenth day of Januarie Im vjc nynty and sex years sic subscribitur John Dicksone

At Edinburgh tuesday the fourteen day of Januarie Jaj vjc nynty and sex years

A1696/1/91

Procedure: patent recorded

Patent Lord George Hamilton to be Earle of Orkney

The following patent being read was ordered to be recorded and after reading delyvered by the Lord high Chancellor to the Lord Carmichaell Follows the tenor of the patent
Gulielmus Dei Gratia Magnae Brittanniae Franciae et Hiberniae Rex fideique defensor omnibus probis Hominibus suis ad quos presentes literae nostrae pervenerint salutem quandoquidem obeis praeclare2 gestas excelsae Honoris encomia tanquam premia debita et condigna de nobis benemerentibus omnino debentur3 Quum etiam Regiae nostrae dignitati est consentaneum Insignes gratiae et estimationes4 nostrae Characteres conferre in illos qui illustrissimi sunt generis et quorum preclara etiam facinora cum praesapiae5 suae dignitate convenire videntur Et nos Considerantes Dominum Georgium Hamilton filium nuperi Ducis de Hamilton ortum esse e6 familia in summo honoris gradu illustri et etiam de Regio nostro sanguine Et quae per multa retroacta secula constanti fidelitate et adhesione serenissimis nostris antecessoribus eorumque coronae et dignitate7 tanquam discriminante Charactere clarum sese reddidit obquae plurimum illius familiae Princeps8 prout in summa erant rum9 administratione sic etiam hoc10 ipso nomine gloriosissimo modo vita erant privati nos etiam in memoriam revocantes nuperum Ducem11 de Hamilton quod opem et auxilium eminenter prebuit pro stabilendo hoc nostro Regio12 Scotiae sub authoritate nostra plurimis etiam occasionibus res nostras promoverat cum sacram nostram representaret personam in Parliamentis nostris dicti Regni tanquam supremus noster Commissionarius Quin eatiam13 quod idem Dominus Georgius Hamilton generis sui et sanguinis nobilitati propria sua virtute superaddidit ac eximiae suae fidei et fortitudinis multa et preclara dederit specimina Tum in preliis apud Boyne Alqrm Aghrim Stenkirk et Landen Tum in obsidiendibus Athlon et Limrick nuperrime etiam et eminenter in obsidione Civitatis de Namuire sub intuitu natro14 et observatione ob haec igitur plurimasque alias magni momenti res et rationes ac insignem et durabilem Regii nostri favoris Tesseram in illum qusque15 familiam conferre statuimus et inde excitentur in fidelitate et officio erga nos nostrosque regious16 successores firmiter continuare utque etiam validiores in posterum reddantur ejusmodi munera et officia obire quae in Coronae nostrae servitia ipsis Committi17 contigerit Noveritis igitur nos nominasse fecisse constituisse et Creasse sicut et per presentes hosce nostros patentes libellos nominamus facimus constituimus et Creamus eundem Dominum Georgium Hamilton Comitem Vice Comitem et Liberum Parliamenti Dominum Comitem de Orkney Vicecomitem de Kirkwall et Dominum Dechmont in dicto Regno nostro Scotiae designandum Damus porro concedimus et Conferimus in Dictum Dominum Georgium Hamilton et Heredes masculos de quo18 Corpore quibus deficientibus Heredes de quo19 corpore quoscunque antedictum Titulum Dignitatem gradum et Honorem Comitis Vice Comitis et Liberi parliamenti Domini ut Predicitur cum plene ad modum potestate illi ejusque antedictis eodem fruendi et gaudendi cum universis et singulis prerogativis praeeminentiis previledgiis Libertatibus et immunitatibus quibuscunque eo attinentibus et spectantibus quibuscum Dictum Dominum Georgium Hamilton ejusque predictos Nobilitamus et investimus speciatim cum Libero in parliamento suffragio Tenendum et Habendum antedictum Titulum dignitatem gradum et Honorem Cometis20 Vicecomitis et Liberi parliamenti Domini Cum universis et singulis prerogativis presedentiis praeeminentiis previledgiis Libertatibus immunitatibus aliisque quibuscunque eo spectantibus per dictum Dominum Georgium Hamilton ejusque antedictos De nobis nostrisque serenissimis successoribus in omnibus parliamentis ordinum conventibus Conciliis Generallibus omnibusque aliis publicis et Privatis ejusdem Regni Congressibus tanquam plenarie adeoque libere in omnibus respectibus et Conditionibus quam quivis alius Comes Vicecomes et Liber Parliamenti Domino21 tali Titulo Honore Dignitate et gradu quovis Corpore22 preterito presenti aut futuro potitus et gavisus est23 seu frui et gaudere gaudere poterit Leoni porro Armorum Regi ejusque fratribus faecialibus mandamus ut praefato Domino Georgio Hamilton (24nunc Comitti25 de Orknay talia insignus sine26 gentilitiis additamento27 qualia ipsi illisque congrua et similibus Cassibus usitata videbuntur […]28 praescribant Ordinamus denique et declaramus hasce nostras patentes Literas sub m[a]gno nostro sigillo adeo validos et sufficientes fore illi quisque29 predictis pro possidendo dicto Titulo dignitate gradu et Honore Comitis Vicecomitis et Liberi parliamenti domini ut predicitur cum omnibus priveledgiis aliisque quibuscunque eo spectantibus ac si ipse ejusque predicti cum omnibus Ritibus et Ceremoniis similibus occasionibus proprius30 usitatis investiti et inaugurati fuissent Quocirca nos pro nobis nostrisque successoribus dispensamus in perpetuum In cujus Rei testimonium presentibus magnum sigillum nostrum appendi praecipimus apud Aulam nostram de Kensingtoune Tertio die mensis Januarie anno Domini melesimo sexcentesimo nonogesimo sexto Regnique nostri anno septimo per signaturam manu S D N Regis supra31 signatum wryten to the great seall and registrat the fourteenth day of Januarie Im vjc nynty et sex years sic subscribitur Charles Kerr Sealled at Edinburgh the fourteenth day of Januarie Im vjc nynty and sex years sic subscribitur John Dicksone

1. NRS, PC1/50, 312-14.

2. Sic. Recte ‘praeclara’?

3. The letter ‘n’ is written as superscript.

4. Sic. Recte ‘estimationis’.

5. Sic. Recte ‘prosapiae’.

6. Superscript.

7. The phrase ‘convenire vadentur’ scored out here.

8. Sic. Recte ‘principes’.

9. Sic. Recte ‘rerum’.

10. The letters ‘ene’ scored out here.

11. The letter ‘e’ is an insertion.

12. Sic. Recte ‘regno’.

13. Sic. Recte ‘etiam’.

14. Sic. Recte ‘maturo’

15. Sec. Recte ‘ejusque’.

16. Sic. Recte ‘regios’.

17. The word ‘continger’ scored out here.

18. Sic. Recte ‘suo’.

19. Sic. Recte ‘suo’.

20. Sic. Recte ‘comitis’.

21. Sic. Recte ‘Dominus’.

22. Sic. Recte ‘tempore’.

23. The word ‘see’ scored out here.

24. The word ‘sive’ scored out here.

25. Sic.

26. Sic. Recte ‘insigniis suis’.

27. Sic. Recte ‘additamenta’.

28. Probably ‘dent et’ is missing.

29. Sic. Recte ‘ejusque’.

30. Sic. Recte ‘perprius’?

31. An ‘e’ is scored out between ‘p’ and ‘r’; written as *supera* originally.

1. NRS, PC1/50, 312-14.

2. Sic. Recte ‘praeclara’?

3. The letter ‘n’ is written as superscript.

4. Sic. Recte ‘estimationis’.

5. Sic. Recte ‘prosapiae’.

6. Superscript.

7. The phrase ‘convenire vadentur’ scored out here.

8. Sic. Recte ‘principes’.

9. Sic. Recte ‘rerum’.

10. The letters ‘ene’ scored out here.

11. The letter ‘e’ is an insertion.

12. Sic. Recte ‘regno’.

13. Sic. Recte ‘etiam’.

14. Sic. Recte ‘maturo’

15. Sec. Recte ‘ejusque’.

16. Sic. Recte ‘regios’.

17. The word ‘continger’ scored out here.

18. Sic. Recte ‘suo’.

19. Sic. Recte ‘suo’.

20. Sic. Recte ‘comitis’.

21. Sic. Recte ‘Dominus’.

22. Sic. Recte ‘tempore’.

23. The word ‘see’ scored out here.

24. The word ‘sive’ scored out here.

25. Sic.

26. Sic. Recte ‘insigniis suis’.

27. Sic. Recte ‘additamenta’.

28. Probably ‘dent et’ is missing.

29. Sic. Recte ‘ejusque’.

30. Sic. Recte ‘perprius’?

31. An ‘e’ is scored out between ‘p’ and ‘r’; written as *supera* originally.

Sederunt, 14 January 1696, Edinburgh

At Edinburgh tuesday the fourteen day of Januarie Jaj vjc nynty and sex years1

A1696/1/82

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Forfar; Lord Carmichaell; Lord Polwarth; Lord Justice Clerk; Lord Fountonhall; Laird of Stevensone; Laird of Pollock; Sir Thomas Livingstone; Sir Rott Cheisly provost of Edinburgh

At Edinburgh tuesday the fourteen day of Januarie Jaj vjc nynty and sex years1

A1696/1/82

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Forfar; Lord Carmichaell; Lord Polwarth; Lord Justice Clerk; Lord Fountonhall; Laird of Stevensone; Laird of Pollock; Sir Thomas Livingstone; Sir Rott Cheisly provost of Edinburgh

1. NRS, PC1/50, 312.

2. NRS, PC1/50, 312.

1. NRS, PC1/50, 312.

2. NRS, PC1/50, 312.

Act, 9 January 1696, Edinburgh

At Edinburgh thursday the nynth day of Januarie Jaj vjc nynty and sex years

A1696/1/71

Act

Repryve Margaret Baird

The Lords of his Majesties Privie Councill Considering That Margaret Baird Prisoner in the Tolbooth of Ayre was sentenced to be put to death on the […] day of […] for murdering her owne Child upon the Late act of parliament anent womens concealling their being with Child and not calling for Help and the Child borne being found dead albeit she denyed herselfe to be the murderer They Hereby Repryve the said Margaret from the said sentance of death untill the second friday of February next to come exclusive And Discharges all magistrats or others concerned to put the same to Executione untill the foresaid day sic subscribitur Tweedalle Southerland Polwarth W Anstruther John Lauder Robert Sinclair John Maxuell Thomas Livingstoune Archibald Murray.

At Edinburgh thursday the nynth day of Januarie Jaj vjc nynty and sex years

A1696/1/71

Act

Repryve Margaret Baird

The Lords of his Majesties Privie Councill Considering That Margaret Baird Prisoner in the Tolbooth of Ayre was sentenced to be put to death on the […] day of […] for murdering her owne Child upon the Late act of parliament anent womens concealling their being with Child and not calling for Help and the Child borne being found dead albeit she denyed herselfe to be the murderer They Hereby Repryve the said Margaret from the said sentance of death untill the second friday of February next to come exclusive And Discharges all magistrats or others concerned to put the same to Executione untill the foresaid day sic subscribitur Tweedalle Southerland Polwarth W Anstruther John Lauder Robert Sinclair John Maxuell Thomas Livingstoune Archibald Murray.

1. NRS, PC1/50, 311.

1. NRS, PC1/50, 311.

Warrant, 9 January 1696, Edinburgh

At Edinburgh thursday the nynth day of Januarie Jaj vjc nynty and sex years

A1696/1/61

Warrant

[Warrant to Glasgow Baxters]

The Lords of his Majesties privy Councill Hereby allow the magistrats of Glasgow To give out to the Baxters there the victuall belonging to the said Baxters sequestrat by former ordor and that in such quantities as shall be measured before the said magistrats These magistrats alwayes first before giveing out of the victuall takeing bond with sufficient Cautione from the Baxters That they shall make payment of the pryce of the victuall and also of such penalties as shall be imposed upon them by the Lords of his Majesties privy Councill in case the victuall shall be found to have been imported from Ireland or any other forraigne countrey and that they were accessory to the importeing thereof.

At Edinburgh thursday the nynth day of Januarie Jaj vjc nynty and sex years

A1696/1/61

Warrant

[Warrant to Glasgow Baxters]

The Lords of his Majesties privy Councill Hereby allow the magistrats of Glasgow To give out to the Baxters there the victuall belonging to the said Baxters sequestrat by former ordor and that in such quantities as shall be measured before the said magistrats These magistrats alwayes first before giveing out of the victuall takeing bond with sufficient Cautione from the Baxters That they shall make payment of the pryce of the victuall and also of such penalties as shall be imposed upon them by the Lords of his Majesties privy Councill in case the victuall shall be found to have been imported from Ireland or any other forraigne countrey and that they were accessory to the importeing thereof.

1. NRS, PC1/50, 311.

1. NRS, PC1/50, 311.

Order, 9 January 1696, Edinburgh

At Edinburgh thursday the nynth day of Januarie Jaj vjc nynty and sex years

A1696/1/51

Order

Recomendatione to Sir Thomas Livingstone to send a partie for poynding the deficients

The Lords of his Majesties privy Councill doe Hereby Recomend to Sir Thomas Livingstoune Commander in Cheiff of his Majesties forces within this Kingdome to wryt to the officers of his Majesties forces lyeing in or about the Highlands within the Shyre of Inverness Requyreing them to be assistant to the Collectors of the Pole money within that bounds and to furnish them with suitable parties of souldiers for poyndeing the deficients in payeing the present pole money and giveing up the Lists as the samine shall be requyred from tyme to tyme by the Collectors conforme to the ordor and directione of the Commissioners of supply within the bounds.

At Edinburgh thursday the nynth day of Januarie Jaj vjc nynty and sex years

A1696/1/51

Order

Recomendatione to Sir Thomas Livingstone to send a partie for poynding the deficients

The Lords of his Majesties privy Councill doe Hereby Recomend to Sir Thomas Livingstoune Commander in Cheiff of his Majesties forces within this Kingdome to wryt to the officers of his Majesties forces lyeing in or about the Highlands within the Shyre of Inverness Requyreing them to be assistant to the Collectors of the Pole money within that bounds and to furnish them with suitable parties of souldiers for poyndeing the deficients in payeing the present pole money and giveing up the Lists as the samine shall be requyred from tyme to tyme by the Collectors conforme to the ordor and directione of the Commissioners of supply within the bounds.

1. NRS, PC1/50, 310-11.

1. NRS, PC1/50, 310-11.

Sederunt, 9 January 1696, Edinburgh

At Edinburgh thursday the nynth day of Januarie Jaj vjc nynty and sex years1

A1696/1/42

Sederunt

Lord Chancellor; Earl of Southerland; Lord Polwarth; Lord Justice Clerk; Lord Enstruther; Mr F Montgomery; Laird of Blackbarrony; Laird of Stevensone; Laird of Pollock; Sir Thomas Livingstone; Sir George Campbell; Provost of Edinburgh

At Edinburgh thursday the nynth day of Januarie Jaj vjc nynty and sex years1

A1696/1/42

Sederunt

Lord Chancellor; Earl of Southerland; Lord Polwarth; Lord Justice Clerk; Lord Enstruther; Mr F Montgomery; Laird of Blackbarrony; Laird of Stevensone; Laird of Pollock; Sir Thomas Livingstone; Sir George Campbell; Provost of Edinburgh

1. NRS, PC1/50, 310.

2. NRS, PC1/50, 310.

1. NRS, PC1/50, 310.

2. NRS, PC1/50, 310.

Decreet, 7 January 1696, Edinburgh

At Edinburgh tuesday the seventh day of Januarie Jaj vjc nynty and fyve years

A1696/1/31

Decreet

Interloquitor Mr Jon Wilsone minister at 2 Orknay

The Lords of his Majesties privy Councill doe hereby ordaine the former Sentance pronounced by their Lordships upon the tuenty fourth day of July Jaj vjc nynty and four years in a lybell pursued before them at the instance of his Majesties Advocat against Mr John Wilsone minister in Orknay and others quherby they depryved the said Master John from his benefice at the kirk of Kirkwall and declared the Church vaccant and Discharged Him from preaching or exerciseing any other part of his ministeriall functione within the said paroch and appoynted Him to remove from the manse or Gleib and to Leave the samine void and redd betwixt and the first day of October then next And confyned the said Master John to the Island of Zetland dureing the Councills pleasure and discharged Him to remove without the bounds of the said Confynement without his Majesties or the Councills warrand for that effect And ordained the said Master John To repaire to the place of his confynment betwixt and the first day of October then next and to find Cautione for that effect To be put to executione against the said Mr. John and that notwithstanding that the Councille by a posterier interloquitor hes altered the said Confynement from Zetland to the Island of Orknay And ordains the said Mr John to repaire to and continow at the said Island of Zetland betwixt and the first day of May next to come under the penalty of ane thousand merks.

At Edinburgh tuesday the seventh day of Januarie Jaj vjc nynty and fyve years

A1696/1/31

Decreet

Interloquitor Mr Jon Wilsone minister at 2 Orknay

The Lords of his Majesties privy Councill doe hereby ordaine the former Sentance pronounced by their Lordships upon the tuenty fourth day of July Jaj vjc nynty and four years in a lybell pursued before them at the instance of his Majesties Advocat against Mr John Wilsone minister in Orknay and others quherby they depryved the said Master John from his benefice at the kirk of Kirkwall and declared the Church vaccant and Discharged Him from preaching or exerciseing any other part of his ministeriall functione within the said paroch and appoynted Him to remove from the manse or Gleib and to Leave the samine void and redd betwixt and the first day of October then next And confyned the said Master John to the Island of Zetland dureing the Councills pleasure and discharged Him to remove without the bounds of the said Confynement without his Majesties or the Councills warrand for that effect And ordained the said Master John To repaire to the place of his confynment betwixt and the first day of October then next and to find Cautione for that effect To be put to executione against the said Mr. John and that notwithstanding that the Councille by a posterier interloquitor hes altered the said Confynement from Zetland to the Island of Orknay And ordains the said Mr John to repaire to and continow at the said Island of Zetland betwixt and the first day of May next to come under the penalty of ane thousand merks.

1. NRS, PC1/50, 309-310.

2. The letters ‘Ov’ scored out here.

1. NRS, PC1/50, 309-310.

2. The letters ‘Ov’ scored out here.

Act, 7 January 1696, Edinburgh

At Edinburgh tuesday the seventh day of Januarie Jaj vjc nynty and fyve years

A1696/1/21

Act

Act of Banishment William Murray

Anent the petitione given in to the Lords of his majesties privy Councill by William Murray Vintiner in Edinburgh now prisoner in the Tolbooth therof Shewing That there being about one and tuenty weeks since a news Letter came from London direct to the said petitioner (2and the said Letter (as all Letters direct to Him in the tuelve moneth bygaine have been) being open read and perused at the post House ere the same was put in his Hands and he did as other Change or Coffee house keepers use to doe allow the same to be read over by such as 3 come to drink in His house and John Robertsone late Baillie now dean of Gild being informed of the Contents of the said Letter and that there was false news in the same did thereupon call upon Him and summarly Committed Him to prisone and He haveing frequently supplicat the Magistrats and Toune Councill of Edinburgh to be heared for vindicatione of his owne innocence To the effect that after Clearing He might be set at Liberty The said magistrats did not only refuise to grant the just desire of his said petitione but instead of giveing him any Redress did send their officers and Caused them summarily and by open violence thrust out his wyfe and familey out of the petitioners dwelling House and did put on padlocks on all the doors thereof and Cellars by which not only 4 his Liquors and furniture are absolutely spoyled and his poor wyfe and familey exposed to the greatest Extremity and hazard of being starved for Cold and hunger in this seasone of the year and He himself in the meantyme keept prisoner in great miserie and necessity The only means of his Livelyhood being the Keeping of a private Change House here in Edinburgh and albeit He alwayes was and as yet is willing to clear and vindicat his owne innocence from any Cryme or guilt that could be alleadged against him and that their Lordships knew That ane Englishman’s directing of ane news Letter to Him was neither a cryme nor any fault or deed of his and in case there was any thing unwarrantable in the Letter the postmaster was oblidged in Duety to have suppressed the same after He had read and perused it and the Postmaster Haveing delyvered the same to the said petitioner after he had read and perused it was sufficient to put him in bona fide to beleive That the said Letter might therafter be made patent and allowed to be read by any other persone who should come and drink at his House and this summar useage of the petitioner and his poor familey being far above the greatest severity that ever was inflicted by your Lordships or any Soveraigne Court of the Natione it most be conceived it most be illegall arbitrary and unwarrantable and contrair both to the Claime of Right and established Laws and inviolable practise of the natione And therefore Humbly Craveing the said Lords to Consider and Commiserat the said and distressed Conditione of the said petitioner and his poor familly And ordaine Him to be Sett at Liberty and to be reponed to the posessione of his dwelling house and goods upon his finding Cautione to appear before their Lordships or any other Judicators their Lordships should appoynt upon ane Legall Citatione for that effect Especially Considering That by his Long and miserable imprisonment his health is so farr decayed that if he were any Longer where he is the recoverie therof will be absolutlie desperat as the said petitione at Lenth bears The Lords of his majesties privy Councill Haveing considered the foresaid petitione given in to them by the said William Murray with the answers made thereto for the magistrats of Edinburgh They have banished and Hereby Banishes the said William Murray furth of the shyres of Edinburgh Haddingtoune and Linlithgow and ordaines Him to depart furth of the said Shyres within ten dayes next after the date Hereof And discharges him to returne within the same with certificatione to him That if at any tyme after the said ten dayes he shall be found within any of the said three shyres he shall be banished to his Majesties Plantationes in America in respect the said William hes enacted Himself in the books of privie Councill That He shall depairt furth of the said three shyres within the space foresaid and not returne therein under the penalty abovewryten

At Edinburgh tuesday the seventh day of Januarie Jaj vjc nynty and fyve years

A1696/1/21

Act

Act of Banishment William Murray

Anent the petitione given in to the Lords of his majesties privy Councill by William Murray Vintiner in Edinburgh now prisoner in the Tolbooth therof Shewing That there being about one and tuenty weeks since a news Letter came from London direct to the said petitioner (2and the said Letter (as all Letters direct to Him in the tuelve moneth bygaine have been) being open read and perused at the post House ere the same was put in his Hands and he did as other Change or Coffee house keepers use to doe allow the same to be read over by such as 3 come to drink in His house and John Robertsone late Baillie now dean of Gild being informed of the Contents of the said Letter and that there was false news in the same did thereupon call upon Him and summarly Committed Him to prisone and He haveing frequently supplicat the Magistrats and Toune Councill of Edinburgh to be heared for vindicatione of his owne innocence To the effect that after Clearing He might be set at Liberty The said magistrats did not only refuise to grant the just desire of his said petitione but instead of giveing him any Redress did send their officers and Caused them summarily and by open violence thrust out his wyfe and familey out of the petitioners dwelling House and did put on padlocks on all the doors thereof and Cellars by which not only 4 his Liquors and furniture are absolutely spoyled and his poor wyfe and familey exposed to the greatest Extremity and hazard of being starved for Cold and hunger in this seasone of the year and He himself in the meantyme keept prisoner in great miserie and necessity The only means of his Livelyhood being the Keeping of a private Change House here in Edinburgh and albeit He alwayes was and as yet is willing to clear and vindicat his owne innocence from any Cryme or guilt that could be alleadged against him and that their Lordships knew That ane Englishman’s directing of ane news Letter to Him was neither a cryme nor any fault or deed of his and in case there was any thing unwarrantable in the Letter the postmaster was oblidged in Duety to have suppressed the same after He had read and perused it and the Postmaster Haveing delyvered the same to the said petitioner after he had read and perused it was sufficient to put him in bona fide to beleive That the said Letter might therafter be made patent and allowed to be read by any other persone who should come and drink at his House and this summar useage of the petitioner and his poor familey being far above the greatest severity that ever was inflicted by your Lordships or any Soveraigne Court of the Natione it most be conceived it most be illegall arbitrary and unwarrantable and contrair both to the Claime of Right and established Laws and inviolable practise of the natione And therefore Humbly Craveing the said Lords to Consider and Commiserat the said and distressed Conditione of the said petitioner and his poor familly And ordaine Him to be Sett at Liberty and to be reponed to the posessione of his dwelling house and goods upon his finding Cautione to appear before their Lordships or any other Judicators their Lordships should appoynt upon ane Legall Citatione for that effect Especially Considering That by his Long and miserable imprisonment his health is so farr decayed that if he were any Longer where he is the recoverie therof will be absolutlie desperat as the said petitione at Lenth bears The Lords of his majesties privy Councill Haveing considered the foresaid petitione given in to them by the said William Murray with the answers made thereto for the magistrats of Edinburgh They have banished and Hereby Banishes the said William Murray furth of the shyres of Edinburgh Haddingtoune and Linlithgow and ordaines Him to depart furth of the said Shyres within ten dayes next after the date Hereof And discharges him to returne within the same with certificatione to him That if at any tyme after the said ten dayes he shall be found within any of the said three shyres he shall be banished to his Majesties Plantationes in America in respect the said William hes enacted Himself in the books of privie Councill That He shall depairt furth of the said three shyres within the space foresaid and not returne therein under the penalty abovewryten

1. NRS, PC1/50, 307-309.

2. Sic.

3. The phrase ‘use to’ scored out here.

4. The word ‘my’ scored out here.

1. NRS, PC1/50, 307-309.

2. Sic.

3. The phrase ‘use to’ scored out here.

4. The word ‘my’ scored out here.

Sederunt, 7 January 1696, Edinburgh

At Edinburgh tuesday the seventh day of Januarie Jaj vjc nynty and fyve years1

A1696/1/12

Sederunt

Lord Chancellor; Earl of Southerland; Lord of Polwarth; Lord Justice Clerk; Lord Anstruther; Mr F Montgomery; Laird of Blackbarrony; Laird of Stevensone; Sir Thomas Livingstoune; Laird of Cessnock; Provost of Edinburgh

At Edinburgh tuesday the seventh day of Januarie Jaj vjc nynty and fyve years1

A1696/1/12

Sederunt

Lord Chancellor; Earl of Southerland; Lord of Polwarth; Lord Justice Clerk; Lord Anstruther; Mr F Montgomery; Laird of Blackbarrony; Laird of Stevensone; Sir Thomas Livingstoune; Laird of Cessnock; Provost of Edinburgh

1. NRS, PC1/50, 307.

2. NRS, PC1/50, 307.

1. NRS, PC1/50, 307.

2. NRS, PC1/50, 307.

Act, 31 January 1695, Edinburgh

At Edinburgh thursday 31 January 1695

A1695/1/531

Act

Act Collonell Fergusone anent Recruits

Memorandum from Collonell Fergusone To the Right honourable the Earle of Annandale Lord President of the privy Councill Being informed That there is a second letter from his Majestie to the Councill concerneing the Recruits for Flanders whereof it is fitt I should have a double I beg your Lordship will move it in Councill That the Clerk of Councill be authorized. to fournish me with a Coppie of said Letter and of any other Instructiones relative to the Recruits upon demand The Lords of his majesties privy Councill haveing Considered this memorandum given in to them by the above Collonell Fergusone They hereby allow their Clerks To give to the said Collonell a Coppie of his Majesties said letter and any other odors of Councill relating to the said Recruits which the Collonell shall requyre and condescend upon in the usuall maner

At Edinburgh thursday 31 January 1695

A1695/1/531

Act

Act Collonell Fergusone anent Recruits

Memorandum from Collonell Fergusone To the Right honourable the Earle of Annandale Lord President of the privy Councill Being informed That there is a second letter from his Majestie to the Councill concerneing the Recruits for Flanders whereof it is fitt I should have a double I beg your Lordship will move it in Councill That the Clerk of Councill be authorized. to fournish me with a Coppie of said Letter and of any other Instructiones relative to the Recruits upon demand The Lords of his majesties privy Councill haveing Considered this memorandum given in to them by the above Collonell Fergusone They hereby allow their Clerks To give to the said Collonell a Coppie of his Majesties said letter and any other odors of Councill relating to the said Recruits which the Collonell shall requyre and condescend upon in the usuall maner

1. NRS, PC1/50, 116.

1. NRS, PC1/50, 116.