Tag Archives: May

Procedure, 26 May 1693, Edinburgh

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Procedure

Anent The adjurning of the Sessione

The Lord High Commissioner Having acquanted the Councell That by new Instructiones from the Kings Majestie The Parliament Is allowed to sitt some furder tyme then was at first designed so that it uill be fitt to adjurne the sessione for some tyme And desyred their Lordships to Consider for what tyme the session showld be adjurned whither to the first of July or first of November nixt It was resolved that the Parliament showld be advysed with In this matter That such Course may be taken therin as they shall find necessary

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Procedure

Anent The adjurning of the Sessione

The Lord High Commissioner Having acquanted the Councell That by new Instructiones from the Kings Majestie The Parliament Is allowed to sitt some furder tyme then was at first designed so that it uill be fitt to adjurne the sessione for some tyme And desyred their Lordships to Consider for what tyme the session showld be adjurned whither to the first of July or first of November nixt It was resolved that the Parliament showld be advysed with In this matter That such Course may be taken therin as they shall find necessary

1. NRS, PC1/49, 43.

1. NRS, PC1/49, 43.

Sederunt, 26 May 1693, Edinburgh

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Sederunt

Duke of Hamilton Commissioner; Lord Chancellor; Earl of Drumlangrig; Earl of Argyle; Earl of Erroll; Earl of Southerland; Earl of Linlithgow; Earl of Strathmore; Earl of Annandale; Earl of Selkirk; Earl of Breadalbane; Viscount Stair; Lord Strathnaver; Lord Carmichaell; Lord Polwarth; Master of Forbess; Mr Johnstoun secretary; Lord Advocat; Lord Justice clark; Lord Hattoune; Lord Funtainhall; Mr Fra: Muntgomery; Laird of Grant; Laird of Blackbarrony; Laird of Steivensone; Laird of Leyes; Laird of Pollock; Sir Thomas Livingstoune

Att Edinburgh The Tuentieth sixth day of May Jaj vic nyntie thrie years1

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Sederunt

Duke of Hamilton Commissioner; Lord Chancellor; Earl of Drumlangrig; Earl of Argyle; Earl of Erroll; Earl of Southerland; Earl of Linlithgow; Earl of Strathmore; Earl of Annandale; Earl of Selkirk; Earl of Breadalbane; Viscount Stair; Lord Strathnaver; Lord Carmichaell; Lord Polwarth; Master of Forbess; Mr Johnstoun secretary; Lord Advocat; Lord Justice clark; Lord Hattoune; Lord Funtainhall; Mr Fra: Muntgomery; Laird of Grant; Laird of Blackbarrony; Laird of Steivensone; Laird of Leyes; Laird of Pollock; Sir Thomas Livingstoune

1. NRS, PC1/49, 42.

2. NRS, PC1/49, 42.

1. NRS, PC1/49, 42.

2. NRS, PC1/49, 42.

Procedure, 22 May 1693, Edinburgh

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Procedure

Approbatione of Navill Pains transportatione

Their Majesties High Commissioner and Lords of privie Councell Doe Heirby approve of the Lord Advocat his Giving ordor for transporting Hendry Navill Paine from the castle of Stirling to the tolbooth of Edinburgh And Leivt Collonell Areskine Deputie Governour of the said castle his giving obedience to the said ordor In sending the said Navill Paine from the said castle to be transported to Edinburgh and of his transportation accordingly.

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Procedure

Approbatione of Navill Pains transportatione

Their Majesties High Commissioner and Lords of privie Councell Doe Heirby approve of the Lord Advocat his Giving ordor for transporting Hendry Navill Paine from the castle of Stirling to the tolbooth of Edinburgh And Leivt Collonell Areskine Deputie Governour of the said castle his giving obedience to the said ordor In sending the said Navill Paine from the said castle to be transported to Edinburgh and of his transportation accordingly.

1. NRS, PC1/49, 42.

1. NRS, PC1/49, 42.

Act, 22 May 1693, Edinburgh

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Act

Liberatione Adam Mossman

Anent the petitione Given In to the Lords of their Majesties privie Councell Be Adam Mossman prisoner in Edinburgh Tolbooth Sheuing That quher he having Lived blessed be God Honestly and blamless all his tyme His actione and reputatione never questioned till of Late some persone out of meer malice gave up his name alleadging that he had corresponded with James Campbell robber now under a sentence of death and others of that Game upon which their Majesties warrand gave out a warrand for apprehending and Imprisoning the petitioner wher He is detained since the tuenty tuo day of March last bypast to the Great prejudice of his persone and his poor family And being severall tymes called before their Majesties Advocat and examined He declared to him that the said James his mother in Law coming from Roxburgh about four mylles distance from the place wher he lives about four years since took ane house of his And after her decease the said James and his wyfe being uith her Continoued in the said House and payed the due rent therof which is all the Correspondence that ever he had uith aither of them directly or Indirectly nor was he ever privie to any of their Actiones And therfore Humblie Craving to the effect underwryten as the said petitione Bears Their Majesties High Commissioner and Lords of privie Councell Having Considered this petitione given In to them Be the said Adam Mossman prisoner They Hierby Give ordor and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Liberty furth therof

Att Edinburgh The Tuentieth second day of May Jaj vic nyntie three years

A1693/5/341

Act

Liberatione Adam Mossman

Anent the petitione Given In to the Lords of their Majesties privie Councell Be Adam Mossman prisoner in Edinburgh Tolbooth Sheuing That quher he having Lived blessed be God Honestly and blamless all his tyme His actione and reputatione never questioned till of Late some persone out of meer malice gave up his name alleadging that he had corresponded with James Campbell robber now under a sentence of death and others of that Game upon which their Majesties warrand gave out a warrand for apprehending and Imprisoning the petitioner wher He is detained since the tuenty tuo day of March last bypast to the Great prejudice of his persone and his poor family And being severall tymes called before their Majesties Advocat and examined He declared to him that the said James his mother in Law coming from Roxburgh about four mylles distance from the place wher he lives about four years since took ane house of his And after her decease the said James and his wyfe being uith her Continoued in the said House and payed the due rent therof which is all the Correspondence that ever he had uith aither of them directly or Indirectly nor was he ever privie to any of their Actiones And therfore Humblie Craving to the effect underwryten as the said petitione Bears Their Majesties High Commissioner and Lords of privie Councell Having Considered this petitione given In to them Be the said Adam Mossman prisoner They Hierby Give ordor and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Liberty furth therof

1. NRS, PC1/49, 41-2.

1. NRS, PC1/49, 41-2.

Act, 22 May 1693, Edinburgh

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Act

Act Mr John Duncan and other merchants traffiquing in foraign pairts

Anent the petitione Given In to the Lords of their Majesties privie Councell Be James Grhame and Mr John Duncan for themselves and the remanent merchants trading Into Forraigne parts Sheuing That wher In the tyme of warr The petitioners pursue their trade only in these methods which have been accustomed which is not only their Intrest and that of the whole kingdome but particularly the Great Intrest of their Majesties custome and forraigne excyse And yet contrare to the right and dignity of the natione and honour of the Government Their shipps when come within scotts waters and even uithin their oune harboures and enteries made and the Kings waiters on board are violently seized by English men of warr which may alse lawfully be done by dutch Danes or any other Forraigners It being most Certaine That as Scotland is ane absolute kingdome soe neither English nor other Forraigners Have the Least pouer uithin the Scotts uaters and harboures And that any attempts made by them of this kynde is Ane High violatione of the Law of nationes And seing that it belongs to the Councell to provyde some remedie for this Great disordor And that now is the seasone that the petitioners ought to have some Just assurance for follouing out their trade uith intire safety from all such attempts in tyme coming And therfore Humbly Craving that the Councell would declare by their positive Act That alse well for what is past as in tyme coming They shall have the full protectione of the Government to defend the petitioners and all shipps and goods pertaining to them from all the attacques Invasiones and seizures of English shipps or other Forraigne vessells whatsomever uithin scotts seas and uaters and the boyes roads and harboures pertaining to this kingdome It being a thing most certaine that unles the Councell Give the petitioners the forsaid protectione now In tyme of uarr uithout farder Inquyrie unless they be found directly acting against the Government and transgressors of the Laues of this kingdome It is Impossible for them to Continow trade or doe anything of this kynd aither for their owne subsistance the Generall Good of the natione or the advantadge of his Majesties Customes as the said petitione Bears Their Majesties High Commissioner and Lords of privie Councell Having Considered this petitione Given In to them Be the above James Grhame and others They heirby declare that the petitioners and remanent merchants trading in Forraigne pairts shall for the future Have the full protectione of the Government and defend them and all shipps and goods belonging to them from all attacques Invasiones and seasures of English shipps or other forraigne shipps whatsomever uithin the scotts seas and waters and the boyes roads and harboures pertaining to this kingdome uithout farder Inquyrie unless they be found directly Acting against the Government and transgressours of the Laues of this kingdome

Att Edinburgh The Tuentieth second day of May Jaj vic nyntie three years

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Act

Act Mr John Duncan and other merchants traffiquing in foraign pairts

Anent the petitione Given In to the Lords of their Majesties privie Councell Be James Grhame and Mr John Duncan for themselves and the remanent merchants trading Into Forraigne parts Sheuing That wher In the tyme of warr The petitioners pursue their trade only in these methods which have been accustomed which is not only their Intrest and that of the whole kingdome but particularly the Great Intrest of their Majesties custome and forraigne excyse And yet contrare to the right and dignity of the natione and honour of the Government Their shipps when come within scotts waters and even uithin their oune harboures and enteries made and the Kings waiters on board are violently seized by English men of warr which may alse lawfully be done by dutch Danes or any other Forraigners It being most Certaine That as Scotland is ane absolute kingdome soe neither English nor other Forraigners Have the Least pouer uithin the Scotts uaters and harboures And that any attempts made by them of this kynde is Ane High violatione of the Law of nationes And seing that it belongs to the Councell to provyde some remedie for this Great disordor And that now is the seasone that the petitioners ought to have some Just assurance for follouing out their trade uith intire safety from all such attempts in tyme coming And therfore Humbly Craving that the Councell would declare by their positive Act That alse well for what is past as in tyme coming They shall have the full protectione of the Government to defend the petitioners and all shipps and goods pertaining to them from all the attacques Invasiones and seizures of English shipps or other Forraigne vessells whatsomever uithin scotts seas and uaters and the boyes roads and harboures pertaining to this kingdome It being a thing most certaine that unles the Councell Give the petitioners the forsaid protectione now In tyme of uarr uithout farder Inquyrie unless they be found directly acting against the Government and transgressors of the Laues of this kingdome It is Impossible for them to Continow trade or doe anything of this kynd aither for their owne subsistance the Generall Good of the natione or the advantadge of his Majesties Customes as the said petitione Bears Their Majesties High Commissioner and Lords of privie Councell Having Considered this petitione Given In to them Be the above James Grhame and others They heirby declare that the petitioners and remanent merchants trading in Forraigne pairts shall for the future Have the full protectione of the Government and defend them and all shipps and goods belonging to them from all attacques Invasiones and seasures of English shipps or other forraigne shipps whatsomever uithin the scotts seas and waters and the boyes roads and harboures pertaining to this kingdome uithout farder Inquyrie unless they be found directly Acting against the Government and transgressours of the Laues of this kingdome

1. NRS, PC1/49, 40-41.

1. NRS, PC1/49, 40-41.

Decreet, 22 May 1693, Edinburgh

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Decreet

Decreit of deprivation Their Majesties Advocat Against Mr David Angus

Anent our Soveraigne Lord and Ladys Letters raised and pursued Before their Majesties High Commissioner and Lords of privie Councell att the Instance of Sir James Steuart their Majesties Advocat for their Highness Intrest in the matter underwryten Mentioning That wherby the Law of God and the principls and constitutiones of every uell Governed natione all persones are bound to give due obedience unto wish well and pray for such to who they oue Just obedience and true alleadgance as their soveraigne Especially such who have been the glorious Instrument of their delyverance from the thraldome of popery and the pernicous Inconvenences that accompany ane arbitrary pouer And by the Municipall constitutione of this realme all their Majesties subjects therof are Ingadged to pray for their Majesties King Uilliam and Queen Mary their laufull soveraign And particularly by ane Act of the meeting of estates the threttienth day of Apryle Jaj vic Eightie nyne years all ministers who are in ane Eminent manner obleidged to discharge that deuty are therby expressly Commanded to read the proclamatione of that date and publictly to pray for ther Majesties as King and Queen of this realm upon the dayes therinmentioned under the paine of depryved Lossing of their benefice And by the same proclamatione all their Majesties Leidges are Certifyed That they presume not to oune or acknouledge the late King James the seventh for their King or presume upon their highest perill by word wryting In sermane or any other manner of way to Impugne or disoune their Majesties as King and Queen of Scotland And by the threttiefifth Act second sessione of this Currant parliament all Ministers depryved for not praying publictly for their Majesties as King and Queen of this realme and for not reading the said proclamatione of the estates are prohibited and discharged to preach or exercise any part of the Ministeriall functeone aither in Church or meeting house upon any pretext whatsomever untill first they present themselves before the Lords of their majesties privie Councell And ther In ther presence take suear and subscribe the oath of alleadgance and assurance to their Majesties as King and Queen of this realme and not to oune the Late King James in any sorte Conforme to the tenor of the said proclamatione Certifying such ministers doing the Contrare They shall be proceeded against as persones disaffected and Enemies to the Government and shall be punished uith all rigour And therby ordained the said proclamatione And Act of the meeting of estates to be putt to farder executione Against all such ministers who have not as yet Given obedience therto by praying for their Majesties In manner forsaid And ordained the saids Lords to proceed therin And by diverse and sundrie proclamationes of the saids Lords of their Majesties privie Councell The particular dayes of thanksgiving and 2 Fasting are ordained to be observed nevertheless Mr David Angus minister at Fortross and Rossmarkie In the shyre of Ross albeit he hes been publictly depryved for not praying for their Majesties in the termes of the Act of Parliament Hes publictlie preached and exercised the ministeriall functione uithin his oune house and paroch wher the same lyes and else wher uithout qualifying himself according to Law By suearing and signing the oath of alleadgance and Ingadging not to oune the Late King James And hes not prayed for their Majesties In such Circumstantiat termes as his Hearers might know He prayed for their Majesties And hes been so farr from evidencing the sense he ought to have had for their Majesties preservatione and releiff of the Greivous Circumstances The Natione Lay under That when the proclamatione of estates was sent to him at least came to his hands or of which he had knouledge He uas soe farr from testifying his Gratittude In Giving due obedience therto That neither the day appoynted nor at any tyme sincesyne did he read any of the saids proclamationes for thanksgiving or fast albeit these uere delyvered to his hands But on the Contrare In Contempt of the proclamatione Hes actually preached sincesyne dayly uithout praying for their Majesties as King and Queen of this realme Convocating severall3 of the paroches stirring up and formenting their disaffectione to the Government Encouradging their Majesties Enemies and discouradging their Loyall subjects And sometymes not only praying for the late King James And that God uould restore him and make his Croune to flourish But also at other termes4 to pray In such ambiguous termes That his Hearers Could not under stand That He prayed for their Majesties off all which Crymes The said Mr David Angus Is guilty Actor Airt and pairt And ought and should be severely punished in their persone and goods To the tenor of others to doe and Committ the lyke In tyme Coming And annent the charge Given to the said Mr David Angus defender to Have Compeared personally before the saids Lords Att ane certaine day bygone To Have ansuered to the forsaid Complaint and to have heard and seen such order and course taken theranent as the saids Lords showld think fitt under the paine of rebellione and putting him to the Horne with Certificationry as the saids Letters uith the executiones therof more fully Bears The uhich Lybell Being this day called In presence of their Majesties High Commissioner and Lords of privie Councell And both parties Compearing personally And the defendar Having acknouledged the Lybell and refuised to obleidge himself under his hand That for the future when he shall preach He shall pray for their Majesties King William and Queen Mary as King and Queen of this realme The Lord High Commissioner and Lords of privie Councell Having Considered the Lybell and the defendars acknouledgement therof and refusall as said is The saids Lords Have depryved and heirby depryves the said Mr David Angus from his benefice at the said kirk of Fortross and Rossmarkie And declares the saids Churches vaccant And ordaines him to remove from his manse and Gleib Against the first day of Agust nixt And discharges him to Labour the said Gleib or any part therof In tyme coming And discharges him to preach or exercise any part of the ministeriall functione uithin the said paroch or any other place uithin this kingdome untill he qualifie himself according to Law And ordaines Letters of horning on fifteen dayes and others needfull to be direct heiron In forme as effeirs

Att Edinburgh The Tuentieth second day of May Jaj vic nyntie three years

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Decreet

Decreit of deprivation Their Majesties Advocat Against Mr David Angus

Anent our Soveraigne Lord and Ladys Letters raised and pursued Before their Majesties High Commissioner and Lords of privie Councell att the Instance of Sir James Steuart their Majesties Advocat for their Highness Intrest in the matter underwryten Mentioning That wherby the Law of God and the principls and constitutiones of every uell Governed natione all persones are bound to give due obedience unto wish well and pray for such to who they oue Just obedience and true alleadgance as their soveraigne Especially such who have been the glorious Instrument of their delyverance from the thraldome of popery and the pernicous Inconvenences that accompany ane arbitrary pouer And by the Municipall constitutione of this realme all their Majesties subjects therof are Ingadged to pray for their Majesties King Uilliam and Queen Mary their laufull soveraign And particularly by ane Act of the meeting of estates the threttienth day of Apryle Jaj vic Eightie nyne years all ministers who are in ane Eminent manner obleidged to discharge that deuty are therby expressly Commanded to read the proclamatione of that date and publictly to pray for ther Majesties as King and Queen of this realm upon the dayes therinmentioned under the paine of depryved Lossing of their benefice And by the same proclamatione all their Majesties Leidges are Certifyed That they presume not to oune or acknouledge the late King James the seventh for their King or presume upon their highest perill by word wryting In sermane or any other manner of way to Impugne or disoune their Majesties as King and Queen of Scotland And by the threttiefifth Act second sessione of this Currant parliament all Ministers depryved for not praying publictly for their Majesties as King and Queen of this realme and for not reading the said proclamatione of the estates are prohibited and discharged to preach or exercise any part of the Ministeriall functeone aither in Church or meeting house upon any pretext whatsomever untill first they present themselves before the Lords of their majesties privie Councell And ther In ther presence take suear and subscribe the oath of alleadgance and assurance to their Majesties as King and Queen of this realme and not to oune the Late King James in any sorte Conforme to the tenor of the said proclamatione Certifying such ministers doing the Contrare They shall be proceeded against as persones disaffected and Enemies to the Government and shall be punished uith all rigour And therby ordained the said proclamatione And Act of the meeting of estates to be putt to farder executione Against all such ministers who have not as yet Given obedience therto by praying for their Majesties In manner forsaid And ordained the saids Lords to proceed therin And by diverse and sundrie proclamationes of the saids Lords of their Majesties privie Councell The particular dayes of thanksgiving and 2 Fasting are ordained to be observed nevertheless Mr David Angus minister at Fortross and Rossmarkie In the shyre of Ross albeit he hes been publictly depryved for not praying for their Majesties in the termes of the Act of Parliament Hes publictlie preached and exercised the ministeriall functione uithin his oune house and paroch wher the same lyes and else wher uithout qualifying himself according to Law By suearing and signing the oath of alleadgance and Ingadging not to oune the Late King James And hes not prayed for their Majesties In such Circumstantiat termes as his Hearers might know He prayed for their Majesties And hes been so farr from evidencing the sense he ought to have had for their Majesties preservatione and releiff of the Greivous Circumstances The Natione Lay under That when the proclamatione of estates was sent to him at least came to his hands or of which he had knouledge He uas soe farr from testifying his Gratittude In Giving due obedience therto That neither the day appoynted nor at any tyme sincesyne did he read any of the saids proclamationes for thanksgiving or fast albeit these uere delyvered to his hands But on the Contrare In Contempt of the proclamatione Hes actually preached sincesyne dayly uithout praying for their Majesties as King and Queen of this realme Convocating severall3 of the paroches stirring up and formenting their disaffectione to the Government Encouradging their Majesties Enemies and discouradging their Loyall subjects And sometymes not only praying for the late King James And that God uould restore him and make his Croune to flourish But also at other termes4 to pray In such ambiguous termes That his Hearers Could not under stand That He prayed for their Majesties off all which Crymes The said Mr David Angus Is guilty Actor Airt and pairt And ought and should be severely punished in their persone and goods To the tenor of others to doe and Committ the lyke In tyme Coming And annent the charge Given to the said Mr David Angus defender to Have Compeared personally before the saids Lords Att ane certaine day bygone To Have ansuered to the forsaid Complaint and to have heard and seen such order and course taken theranent as the saids Lords showld think fitt under the paine of rebellione and putting him to the Horne with Certificationry as the saids Letters uith the executiones therof more fully Bears The uhich Lybell Being this day called In presence of their Majesties High Commissioner and Lords of privie Councell And both parties Compearing personally And the defendar Having acknouledged the Lybell and refuised to obleidge himself under his hand That for the future when he shall preach He shall pray for their Majesties King William and Queen Mary as King and Queen of this realme The Lord High Commissioner and Lords of privie Councell Having Considered the Lybell and the defendars acknouledgement therof and refusall as said is The saids Lords Have depryved and heirby depryves the said Mr David Angus from his benefice at the said kirk of Fortross and Rossmarkie And declares the saids Churches vaccant And ordaines him to remove from his manse and Gleib Against the first day of Agust nixt And discharges him to Labour the said Gleib or any part therof In tyme coming And discharges him to preach or exercise any part of the ministeriall functione uithin the said paroch or any other place uithin this kingdome untill he qualifie himself according to Law And ordaines Letters of horning on fifteen dayes and others needfull to be direct heiron In forme as effeirs

1. NRS, PC1/49, 37-40.

2. The word ‘thank’ scored out here.

3. Marginal insertion.

4. Sic.

1. NRS, PC1/49, 37-40.

2. The word ‘thank’ scored out here.

3. Marginal insertion.

4. Sic.

Decreet, 22 May 1693, Edinburgh

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Decreet

Decreit of Deprivatione Their Majesties Advocat Against Innes and Cuming

Anent our Soveraigne Lord and Ladys Letters raised and pursued Before their Majesties High Commissioner and Lords of privie Councell att the Instance of Sir James Steuart their Majesties Advocat for their Highness Interest in the matter underwryten Mentioning That wher albeit by the Law of God and the principles and Constitutions of everie uell Governed Natione all persones are bound to Give due obedience unto and wish well and pray for such to whom they oue Just obedience and true alleadgance as ther Soveraigne Especially such who have been the Glorious Instrument of their delyverie from the thraldome of poperie and the purnicious Inconveniencies that accompany ane arbitrary pouer And by the Municipall Constitutione of this realme all the subjects therof are Ingadged to pray for ther Laufull Soveraigne And particularly by ane Act of the Meeting of estates the threttienth day of Apryle Jaj vic Eightie Nyne years all ministers who are In ane eminent manner obeleidged to discharge that deuty are therby expressly Commanded to read the proclamatione of that date And publictly to pray for their Majesties King William and Queen Mary as King and Queen of this realme upon the dayes therin mentioned under the paine of being depryved and Lossing their benefice And by the same proclamatione all the Leidges are Certifyed that they presume not to oune or acknouledge the Late King James the seventh for their King or presume upon their highest perill by word wryting in sermone or any other manner of uay to Impugne or disoune their Majesties as King and Queen of Scotland And by the threttieth fifth Act second sessione of this Currant parliament all Ministers depryved for nor praying publictly for their Majesties as King and Queen of this realme and for not reading the said proclamatione of estates are prohibited to discharge or exercise any part of the ministeriall functione aither In Church or Meeting House upon any pretence whatsomever untill first they present themselves before the Lords of their Majesties privie Councell And ther In their presence take suear and signe the oath of alleadgance and assurance to their Majesties as King and Queen of this Realme And not to oune the late King James as their King In any sorte Conforme to the tenor of the said proclamatione Certifying such ministers doing In the Contrary they shall be preceeded against as persones disaffected and enemies to the Government and shall be punished uith all rigour And therby ordained the said proclamatione and Act of the Meeting of estates To be putt to farder executione against all such ministers and who Have not as yet Given obedience therto for praying for their Majesties In manner forsaid And ordained the saids Lords of Councell to proceed therin And by diverse and sundrie proclamationes of the saids Lords The particular dayes of thanksgiving and for fasting mentioned therin are ordained to be observed Nevertheless Mr Berrold Innes minister at Alves and Mr John Cuming minister at Birnie In the shyre of Elgine albeit they have been publictly depryved for not praying for their Majesties in the termes of the Act of Parliament Have publictly preached and exercised the ministeriall functione uithin their oune respective houses and paroches wher the same lyes and elsewher without qualifying themselves according to Law By not suearing and signing the oath of alleadgance and Engadging not to oune the Late King James And Have not prayed for their Majesties In Such Circumstantiat tearmes as the Hearers might have knouen they prayed for their Majesties And Have been soe farr from Evidencing their sense they ought to have had of their Majesties preservatione and the releiff of the Greivous Circumstances the natione lay under That when the proclamatione of estates was sent to them at Least came to their Hands of which they had knauledge They were soe farr from testifying their gratitude in Giving due obedience therto That neither at the day appoynted not at any tyme since did they read any of the saids proclamationes for thanksgiving or fast albeit all these uere delyvered to their Hands but on the Contrare In Contempt of these proclamationes hes actually preached daylie sincesyne uithout praying for their Majesties as King and Queen of this realme Convocating severall paroches stirring up and fomenting their disaffectione to the Government Encouradging their Majesties Enemies and discouradging their Loyall subjects sometymes not only praying for the Late King James And that God uould restore him and make his Croune to Flourish on his head but also at other tymes doe pray In such ambiguous termes That their Hearers Could not understand They prayed for their Majesties off all uhich Crymes the forsaids persones are guilty Actors art and part and ought and should be severely punished in their persones and goods to the terror of others to doe the lyke In tyme Coming And anent the charge given to the saids Defenders To Have Compeared personally Before the saids Lords att ane Certaine day now bygone To Have ansuered to the forsaid Complaint And to Have heard and seen such order and course be taken theranent as the saids Lords should think fitt under the paine of rebellione and putting them to the Horne uith Certificationry as the saids Letters uith the executiones therof more fully bears The uhich Lybell Being this [day] Called in presence of their Majesties High Commissioner and Lords of privie Councell and both parties Compearing personally and the defenders Having acknouledged the Lybell And refuised to obleidge themselves under their Hands That for the future when they preach They shall pray for their Majesties King Uilliam and Queen Mary as King and Queen of this realme the Lord High Commissioner and Lords of privie Councell Having Considered the Lybell and the defendars acknouledgement therof and refuising as said is The saids Lords Have depryved and Heirby depryves the saids Mr Beirold Innes and Mr John Cuming Ministers from their benefices at their saids kirks of Alves and Birnie And declares the saids Churches vaccant And ordaines them to remove from their manses and Gleibs Against the first day of Agust nixt to Come And discharges them to Labour the saids Gleibs or any part of them In tyme Coming And discharges them to preach or exercise any part of their ministeriall functione uithin the saids paroches or any other place uithin this kingdome till they qualifie themselves according to Law And ordaines Letters of Horning on fifteen dayes and others needfull to be direct Heiron In forme as effeirs

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Decreet

Decreit of Deprivatione Their Majesties Advocat Against Innes and Cuming

Anent our Soveraigne Lord and Ladys Letters raised and pursued Before their Majesties High Commissioner and Lords of privie Councell att the Instance of Sir James Steuart their Majesties Advocat for their Highness Interest in the matter underwryten Mentioning That wher albeit by the Law of God and the principles and Constitutions of everie uell Governed Natione all persones are bound to Give due obedience unto and wish well and pray for such to whom they oue Just obedience and true alleadgance as ther Soveraigne Especially such who have been the Glorious Instrument of their delyverie from the thraldome of poperie and the purnicious Inconveniencies that accompany ane arbitrary pouer And by the Municipall Constitutione of this realme all the subjects therof are Ingadged to pray for ther Laufull Soveraigne And particularly by ane Act of the Meeting of estates the threttienth day of Apryle Jaj vic Eightie Nyne years all ministers who are In ane eminent manner obeleidged to discharge that deuty are therby expressly Commanded to read the proclamatione of that date And publictly to pray for their Majesties King William and Queen Mary as King and Queen of this realme upon the dayes therin mentioned under the paine of being depryved and Lossing their benefice And by the same proclamatione all the Leidges are Certifyed that they presume not to oune or acknouledge the Late King James the seventh for their King or presume upon their highest perill by word wryting in sermone or any other manner of uay to Impugne or disoune their Majesties as King and Queen of Scotland And by the threttieth fifth Act second sessione of this Currant parliament all Ministers depryved for nor praying publictly for their Majesties as King and Queen of this realme and for not reading the said proclamatione of estates are prohibited to discharge or exercise any part of the ministeriall functione aither In Church or Meeting House upon any pretence whatsomever untill first they present themselves before the Lords of their Majesties privie Councell And ther In their presence take suear and signe the oath of alleadgance and assurance to their Majesties as King and Queen of this Realme And not to oune the late King James as their King In any sorte Conforme to the tenor of the said proclamatione Certifying such ministers doing In the Contrary they shall be preceeded against as persones disaffected and enemies to the Government and shall be punished uith all rigour And therby ordained the said proclamatione and Act of the Meeting of estates To be putt to farder executione against all such ministers and who Have not as yet Given obedience therto for praying for their Majesties In manner forsaid And ordained the saids Lords of Councell to proceed therin And by diverse and sundrie proclamationes of the saids Lords The particular dayes of thanksgiving and for fasting mentioned therin are ordained to be observed Nevertheless Mr Berrold Innes minister at Alves and Mr John Cuming minister at Birnie In the shyre of Elgine albeit they have been publictly depryved for not praying for their Majesties in the termes of the Act of Parliament Have publictly preached and exercised the ministeriall functione uithin their oune respective houses and paroches wher the same lyes and elsewher without qualifying themselves according to Law By not suearing and signing the oath of alleadgance and Engadging not to oune the Late King James And Have not prayed for their Majesties In Such Circumstantiat tearmes as the Hearers might have knouen they prayed for their Majesties And Have been soe farr from Evidencing their sense they ought to have had of their Majesties preservatione and the releiff of the Greivous Circumstances the natione lay under That when the proclamatione of estates was sent to them at Least came to their Hands of which they had knauledge They were soe farr from testifying their gratitude in Giving due obedience therto That neither at the day appoynted not at any tyme since did they read any of the saids proclamationes for thanksgiving or fast albeit all these uere delyvered to their Hands but on the Contrare In Contempt of these proclamationes hes actually preached daylie sincesyne uithout praying for their Majesties as King and Queen of this realme Convocating severall paroches stirring up and fomenting their disaffectione to the Government Encouradging their Majesties Enemies and discouradging their Loyall subjects sometymes not only praying for the Late King James And that God uould restore him and make his Croune to Flourish on his head but also at other tymes doe pray In such ambiguous termes That their Hearers Could not understand They prayed for their Majesties off all uhich Crymes the forsaids persones are guilty Actors art and part and ought and should be severely punished in their persones and goods to the terror of others to doe the lyke In tyme Coming And anent the charge given to the saids Defenders To Have Compeared personally Before the saids Lords att ane Certaine day now bygone To Have ansuered to the forsaid Complaint And to Have heard and seen such order and course be taken theranent as the saids Lords should think fitt under the paine of rebellione and putting them to the Horne uith Certificationry as the saids Letters uith the executiones therof more fully bears The uhich Lybell Being this [day] Called in presence of their Majesties High Commissioner and Lords of privie Councell and both parties Compearing personally and the defenders Having acknouledged the Lybell And refuised to obleidge themselves under their Hands That for the future when they preach They shall pray for their Majesties King Uilliam and Queen Mary as King and Queen of this realme the Lord High Commissioner and Lords of privie Councell Having Considered the Lybell and the defendars acknouledgement therof and refuising as said is The saids Lords Have depryved and Heirby depryves the saids Mr Beirold Innes and Mr John Cuming Ministers from their benefices at their saids kirks of Alves and Birnie And declares the saids Churches vaccant And ordaines them to remove from their manses and Gleibs Against the first day of Agust nixt to Come And discharges them to Labour the saids Gleibs or any part of them In tyme Coming And discharges them to preach or exercise any part of their ministeriall functione uithin the saids paroches or any other place uithin this kingdome till they qualifie themselves according to Law And ordaines Letters of Horning on fifteen dayes and others needfull to be direct Heiron In forme as effeirs

1. NRS, PC1/49, 35-7.

1. NRS, PC1/49, 35-7.

Procedure: committee formed, 22 May 1693, Edinburgh

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Procedure: committee formed

Committie Mr John Cockburne

Lybell their Majesties Advocat Against Mr John Cockburne for negotiating Against the Government Called And their Majesties Advocat Compearing personally And the defender who is prisoner being brought to the barr The Lybell and ansuers therto redd The Lord High Commissioner and Lords of privie Councell Doe heirby Recommend to the Earls of Argyle Southerland and Annandale and Lord Carmichaell to Consider the Lybell and Instructiones therof and if they think fitt to call for and examine the defendar and make what furder discoverie they can in this matter and report the same to the Councell and recomends to the Lord Advocat to be present at the committie and declares any three of the said committie to be a sufficient quorum

Att Edinburgh The Tuentieth second day of May Jaj vic nyntie three years

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Procedure: committee formed

Committie Mr John Cockburne

Lybell their Majesties Advocat Against Mr John Cockburne for negotiating Against the Government Called And their Majesties Advocat Compearing personally And the defender who is prisoner being brought to the barr The Lybell and ansuers therto redd The Lord High Commissioner and Lords of privie Councell Doe heirby Recommend to the Earls of Argyle Southerland and Annandale and Lord Carmichaell to Consider the Lybell and Instructiones therof and if they think fitt to call for and examine the defendar and make what furder discoverie they can in this matter and report the same to the Councell and recomends to the Lord Advocat to be present at the committie and declares any three of the said committie to be a sufficient quorum

1. NRS, PC1/49, 34-5.

1. NRS, PC1/49, 34-5.

Act, 22 May 1693, Edinburgh

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Act

Act Livingstoune of Kilsyth

Anent the petitione Given In to the Lords of their Majesties privie Councell Be William Livingstoune of Kilsyth Sheuing That wheras It was ordored by his Grace and their Lordships The other day in Councell that the petitioner should be transported from the Castle of Edinburgh to the castle of Stirling The petitioner does uith all submissione presume to represent that he is not in ane conditione at present to be transported uithout the manifest
dainger to his health And to make appear to their Lordships that his assertione Is not Groundless but sincere and Ingenous The Declaratione produced uith the said petitione under the hands of tuo Intelligent Doctors does sufficiently testifie And seing the designe of his transportation to Stirling Is fully as much Intended out of favour to the petitioner In his present Circumstances then in the Least to render him In any worse conditione after soe many years Imprisonment and confynment Especially In this caice wher he showld soe much risque and Endainger his health And wher lykewayes his affairs does more necessarly obleidge his presence here And therfore Humblie Craving their Lordships to take the premisses to their Consideratione and to ordor after their uonted clemency the petitioner to be Confyned aither uithin the toune of Edinburgh or near to the same upon such bale as their Lordships shall think reasonable as formerly they were pleased to appoynte and in which conditione he was before he was ordained to render himself prisoner here in the Castle of Edinburgh as the said petitione Bears Their Majesties High Commissioner and Lords of privie Councell Having considered this petitione given In to them Be the above William Livingstoune of Killsyth uith the testificat of the petitioners Indispositione under the hands of tuo phisitianes mentioned therin and produced theruith They heirby recall the former ordor of Councell given for transporting the petitioner from the castle of Edinburgh to the castle of Stirling And recommends to the Lord High Commissioner if the said ordor be not already signed not to signe the same And discharges the Clarks of Councell to Give out any extract of the said ordor

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Act

Act Livingstoune of Kilsyth

Anent the petitione Given In to the Lords of their Majesties privie Councell Be William Livingstoune of Kilsyth Sheuing That wheras It was ordored by his Grace and their Lordships The other day in Councell that the petitioner should be transported from the Castle of Edinburgh to the castle of Stirling The petitioner does uith all submissione presume to represent that he is not in ane conditione at present to be transported uithout the manifest
dainger to his health And to make appear to their Lordships that his assertione Is not Groundless but sincere and Ingenous The Declaratione produced uith the said petitione under the hands of tuo Intelligent Doctors does sufficiently testifie And seing the designe of his transportation to Stirling Is fully as much Intended out of favour to the petitioner In his present Circumstances then in the Least to render him In any worse conditione after soe many years Imprisonment and confynment Especially In this caice wher he showld soe much risque and Endainger his health And wher lykewayes his affairs does more necessarly obleidge his presence here And therfore Humblie Craving their Lordships to take the premisses to their Consideratione and to ordor after their uonted clemency the petitioner to be Confyned aither uithin the toune of Edinburgh or near to the same upon such bale as their Lordships shall think reasonable as formerly they were pleased to appoynte and in which conditione he was before he was ordained to render himself prisoner here in the Castle of Edinburgh as the said petitione Bears Their Majesties High Commissioner and Lords of privie Councell Having considered this petitione given In to them Be the above William Livingstoune of Killsyth uith the testificat of the petitioners Indispositione under the hands of tuo phisitianes mentioned therin and produced theruith They heirby recall the former ordor of Councell given for transporting the petitioner from the castle of Edinburgh to the castle of Stirling And recommends to the Lord High Commissioner if the said ordor be not already signed not to signe the same And discharges the Clarks of Councell to Give out any extract of the said ordor

1. NRS, PC1/49, 34.

1. NRS, PC1/49, 34.

Act, 22 May 1693, Edinburgh

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Act

Act Lord Bellenden

Anent the petitione Given In to their Majesties High Commissioner and Lords of privie Councell Be John Lord Bellenden Sheuing That Being Informed that his Grace and their Lordships Have ordored the petitioner to be removed from the Castle of Edinburgh to the Castle of Blackness It is Humblie represented to their Lordships That the petitioners wyfe being Lately brought to bedd and Having taken a feaver therafter It uould hazard her Lyfe to remove her while she be better recovered and recover more strength Lykeas He hath sundrie bussiness both at the sessione and other wayes which necessarly requyres the petitioners being near to Itt and which cannot be soe uell performed if he uere at Blackness As also Blackness is soe unwholsome a place as that the petitioner who hath now above tuo years and ane halfe been prisoner wherby his health Is much Impaired (Being alwayes accustomed to a Good Frie and dry air) and may fall in sickness and distemper by reasone of the same And therfore Humbly Craving their Grace and Lordships would be pleased to delay the Removall of his wyfe and family From the Castle of Edinburgh whill she be better recovered And therafter to allow to the petitioner any one chamber in the said castle for himself and for the reasons forsaids as the said petitione Bears Their Majesties High Commissioner and Lords of privie Councell Having Considered this petitione Given In to them Be the above Lord Bellenden They Herby Recall the former ordor of Councell given For transporting the petitioner from the Castle of Edinburgh to the castle of Blackness And Recommends to the Lord High Chancellor If the said ordor be not already signed not to signe the same And discharges the Clarks of Councell to Give out any extract therof

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Act

Act Lord Bellenden

Anent the petitione Given In to their Majesties High Commissioner and Lords of privie Councell Be John Lord Bellenden Sheuing That Being Informed that his Grace and their Lordships Have ordored the petitioner to be removed from the Castle of Edinburgh to the Castle of Blackness It is Humblie represented to their Lordships That the petitioners wyfe being Lately brought to bedd and Having taken a feaver therafter It uould hazard her Lyfe to remove her while she be better recovered and recover more strength Lykeas He hath sundrie bussiness both at the sessione and other wayes which necessarly requyres the petitioners being near to Itt and which cannot be soe uell performed if he uere at Blackness As also Blackness is soe unwholsome a place as that the petitioner who hath now above tuo years and ane halfe been prisoner wherby his health Is much Impaired (Being alwayes accustomed to a Good Frie and dry air) and may fall in sickness and distemper by reasone of the same And therfore Humbly Craving their Grace and Lordships would be pleased to delay the Removall of his wyfe and family From the Castle of Edinburgh whill she be better recovered And therafter to allow to the petitioner any one chamber in the said castle for himself and for the reasons forsaids as the said petitione Bears Their Majesties High Commissioner and Lords of privie Councell Having Considered this petitione Given In to them Be the above Lord Bellenden They Herby Recall the former ordor of Councell given For transporting the petitioner from the Castle of Edinburgh to the castle of Blackness And Recommends to the Lord High Chancellor If the said ordor be not already signed not to signe the same And discharges the Clarks of Councell to Give out any extract therof

1. NRS, PC1/49, 33.

1. NRS, PC1/49, 33.