Act, 22 May 1693, Edinburgh

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

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Act

Liberatione The Lord Frazer

Anent the petitione Given In to their Majesties High Commissioner and Lords of privie Councell Be Charles Lord Frazer Sheuing That the petitioner Being by the Lords of Justiciary their sentence fyned and amerciat in the soume of tuo Hundred pounds Sterline and ordained to lye in prisone untill the same be payed and farder during his Majesties pleasure For drinking the health of the Late King James and being present at a proclamatione specified in the verdict of the Jury pronunced against him theranent In which sentence He doeth uith all submissione acquiesce But seeing He hath now been prisoner these ten months bypast and that the Conditione of his fortune is knouen to be such that he is not able Instantly to pay such a Considerable soume And that his wyfe Is att a Great distance In a dying Conditione past all hopes of recoverie 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 above Lord Frazer They Heirby Recommend to the Earle of Leven Captain of the castle of Edinburgh and In his absence the nixt Commanding officer in the said castle To sett at liberty the petitioner Furth therof In respect He hath given Bond and found sufficient Cautione acted in the books of privie Councell That he shall Live peacably under and uith all submissione to the Government of their Majesties King William and Queen Mary And that he shall not Converss or Correspond uith any rebells And that he shall appear before the saids Lords of privie Councell when Called for under the penaltie of tuo Hundreth pounds sterline Being the lyke soume In which he was fyned by the Lords Commissioners of Justiciary In caise He shall transgress In any part of the premisses And Recommends to the Lord secretary present at the board to transmitt the said Lord Frazers petitione formerly Given In to the Councell and Represent his caise favourablie to the Kings Majestie And lykewayes hath found Cautione That he shall make payment to the Receaver of their Majesties Croune rents of the said soume of tuo hundreth pounds sterline In which he is fyned by the saids Lords Commissioners whensoever he shall be charged for that effect And that by and attour the forsaid penaltie for his peacable behaviour and appearance when called for

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

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Act

Liberatione The Lord Frazer

Anent the petitione Given In to their Majesties High Commissioner and Lords of privie Councell Be Charles Lord Frazer Sheuing That the petitioner Being by the Lords of Justiciary their sentence fyned and amerciat in the soume of tuo Hundred pounds Sterline and ordained to lye in prisone untill the same be payed and farder during his Majesties pleasure For drinking the health of the Late King James and being present at a proclamatione specified in the verdict of the Jury pronunced against him theranent In which sentence He doeth uith all submissione acquiesce But seeing He hath now been prisoner these ten months bypast and that the Conditione of his fortune is knouen to be such that he is not able Instantly to pay such a Considerable soume And that his wyfe Is att a Great distance In a dying Conditione past all hopes of recoverie 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 above Lord Frazer They Heirby Recommend to the Earle of Leven Captain of the castle of Edinburgh and In his absence the nixt Commanding officer in the said castle To sett at liberty the petitioner Furth therof In respect He hath given Bond and found sufficient Cautione acted in the books of privie Councell That he shall Live peacably under and uith all submissione to the Government of their Majesties King William and Queen Mary And that he shall not Converss or Correspond uith any rebells And that he shall appear before the saids Lords of privie Councell when Called for under the penaltie of tuo Hundreth pounds sterline Being the lyke soume In which he was fyned by the Lords Commissioners of Justiciary In caise He shall transgress In any part of the premisses And Recommends to the Lord secretary present at the board to transmitt the said Lord Frazers petitione formerly Given In to the Councell and Represent his caise favourablie to the Kings Majestie And lykewayes hath found Cautione That he shall make payment to the Receaver of their Majesties Croune rents of the said soume of tuo hundreth pounds sterline In which he is fyned by the saids Lords Commissioners whensoever he shall be charged for that effect And that by and attour the forsaid penaltie for his peacable behaviour and appearance when called for

1. NRS, PC1/49, 32-3.

1. NRS, PC1/49, 32-3.

Decreet, 22 May 1693, Edinburgh

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

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Decreet

Decreit of deprivatione Their Majesties Advocat Against Lambie Auchterlonie and Dumbarr

Anent our Soveraigne Lord and Ladys Letters raised and pursued before their Majesties High Commissioner and Lords of privie Councell at the instance of Sir James Steuart their Majesties advocat for their Highness Intrest in the matter underwryten Mentioning That where albeit by the Law of God and the principles and constitutiones 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 their soveraignes Especially such who have been the glorious Instrument of their delyverie from the thraldome of poperie and the penucious Inconveniencies that accompany ane arbitrary pouer And by the municipall Constitutione of this realme all the subjects are Engadged to pray for their Laufull soveraign And particularly by ane Act of the meeting of estates the threttienth of Apryle Jaj vic Eighty nyne all ministers who are in Emminent manner obleidged to discharge that deuty are therby expressly Commanded to read the proclamatione of that date And publictly to pray for ther Majesties King William and Queen Mary as King and Queen of this realme upon the dayes therein mentioned under the paine of being depryved and Lossing the benefice And by the same proclamatione all the Leidges are Certified That they presume not to oune or acknowledge the late King James the seventh for their King or presume upon their Highest perrill by uord in uryting In sermone or any other manner of way to Impugne or Disoune their Majesties as King and Queen of Scotland And by the threttieth fyfth Act second session of this currant parliament all ministers depryved for not praying publictly for their Majesties as King and Queen of this realme for not reading the said proclamatione of estates are prohibited and discharged to preach or exercise any part of the ministeriall functione aither in Church or meeting house upon any pretext whatsomever untill first they present themselves before the Lords of their Majesties privy 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 as doe in the contrary 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 further executione against all Ministers who have not as yet Given obedience therto By praying for their Majesties In manner forsaid And ordained the saids Lords of ther Majesties privie Councell to proceed therin And by diverse and sundrie proclamationes of the saids Lords The particular dayes of fasting and thanksgiving mentioned therin are Strictly to be observed by them Nevertheless Mr John Lambie late Minister at Ecclesgreg Mr Robert Auchterlonie minister at Garvock and Mr William Dumbar minister at Conveth all uithin the shyre of Kincairden 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 functeons uithin their oune Houses and paroches wher the same Lye and elsewher uithout 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 termes as the Hearers might know that they prayed for their Majesties And have been soe farr from Evidencing the sense they ought to have had of the preservatione and the releiff of the Greevous 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 Knowledge They were soe farr from testifying their gratitude In Giving due obedience therto that neither the day appoynted nor at any tyme since syne did they read any of these proclamationes for thanksgiving or fast albeit all these uere delyvered to their hands But on the Contrare and in Contempt of the proclamationes Hes actually preached daylie since syne uithout praying for their Majesties as King and Queen of this realme Convocating severall paroches stirring up and fomenting their disaffectione to their Majesties government Encowradgeing their Majesties Enemies and discouradging their Majesties Loyall subjects And sometymes not only praying for the late King James and that God uould restore him and make his Croune flourish upon his head But also at other tymes doe pray in such ambiguous termes that the Hearers Cannot understand they prayed for their Majesties off all which Crymes The said Mr John Lambie Mr Robert Auchterlonie and Mr William Dumbar are Guiltie actors airt and pairt and ought and should be severely punished in their persone and goods To the terror of others to Committ 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 by gone To Have Ansuered to the forsaid Complaint and to have Heard and seen such ordor and Course taken theranent as the saids Lords of their Majesties privie Councell should think fitt under the paine of rebellione and putting them to the Horne uith Certificationery as the saids Letters uith the executiones therof more fully Bears The uhich Lybell Being this day Called In presence of the saids Lords of their Majesties privie Councell And their Majesties advocat and Sir James Ogilvie their Majesties Sollicitor for their Highness Intrest And all the three Haill defenders all Compearing personally And Their Majesties High Commissioner and Lords of privie Councell Having Considered the lybell and that the said Mr John Lambie Hes acknouledged Judicially That he hes preached since He uas depryved and Having refuised to take the oath of alleadgance and to signe the assurance to their Majesties King William and Queen Mary appoynted by Act of parliament Ther Majesties High Commissioner and Lords of privie Councell Find the lybell proven And therfore ordained the said Mr John Lambie to be Carryed prisoner to the tolbooth of Edinburgh ther to remaine till furder ordor of Councell And the other tuo defenders Having acknouledged the lybell and refuised to signe ane obliedgement to pray for their Majesties King William and Queen Mary as King and Queen of this realme for the future Their Majesties high Commissioner and Lords of privie Councell Have depryved and heirby depryves the said Mr Robert Auchterlony and Mr William Dunbar ministers from their benefices at the kirks of Garvock and Conveth and declares their saids kirks vaccant and ordaines them to remove from their manses and Gleibs Against the first the first2 day of Agust nixt to come and discharges them to Labour the saids Gleibs or any part therof In tyme coming And discharges the saids Mr Robert Auchterlony and Mr William Dunbar to preach or exercise any part of their ministeriall functiones uithin the said paroches or any other places uithin this kingdome untill they qualifie themselves according to Law And ordaines Letters of Horning on fifteen dayes and others needful to be direct heirupon In forme as effeirs

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Decreet

Decreit of deprivatione Their Majesties Advocat Against Lambie Auchterlonie and Dumbarr

Anent our Soveraigne Lord and Ladys Letters raised and pursued before their Majesties High Commissioner and Lords of privie Councell at the instance of Sir James Steuart their Majesties advocat for their Highness Intrest in the matter underwryten Mentioning That where albeit by the Law of God and the principles and constitutiones 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 their soveraignes Especially such who have been the glorious Instrument of their delyverie from the thraldome of poperie and the penucious Inconveniencies that accompany ane arbitrary pouer And by the municipall Constitutione of this realme all the subjects are Engadged to pray for their Laufull soveraign And particularly by ane Act of the meeting of estates the threttienth of Apryle Jaj vic Eighty nyne all ministers who are in Emminent manner obleidged to discharge that deuty are therby expressly Commanded to read the proclamatione of that date And publictly to pray for ther Majesties King William and Queen Mary as King and Queen of this realme upon the dayes therein mentioned under the paine of being depryved and Lossing the benefice And by the same proclamatione all the Leidges are Certified That they presume not to oune or acknowledge the late King James the seventh for their King or presume upon their Highest perrill by uord in uryting In sermone or any other manner of way to Impugne or Disoune their Majesties as King and Queen of Scotland And by the threttieth fyfth Act second session of this currant parliament all ministers depryved for not praying publictly for their Majesties as King and Queen of this realme for not reading the said proclamatione of estates are prohibited and discharged to preach or exercise any part of the ministeriall functione aither in Church or meeting house upon any pretext whatsomever untill first they present themselves before the Lords of their Majesties privy 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 as doe in the contrary 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 further executione against all Ministers who have not as yet Given obedience therto By praying for their Majesties In manner forsaid And ordained the saids Lords of ther Majesties privie Councell to proceed therin And by diverse and sundrie proclamationes of the saids Lords The particular dayes of fasting and thanksgiving mentioned therin are Strictly to be observed by them Nevertheless Mr John Lambie late Minister at Ecclesgreg Mr Robert Auchterlonie minister at Garvock and Mr William Dumbar minister at Conveth all uithin the shyre of Kincairden 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 functeons uithin their oune Houses and paroches wher the same Lye and elsewher uithout 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 termes as the Hearers might know that they prayed for their Majesties And have been soe farr from Evidencing the sense they ought to have had of the preservatione and the releiff of the Greevous 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 Knowledge They were soe farr from testifying their gratitude In Giving due obedience therto that neither the day appoynted nor at any tyme since syne did they read any of these proclamationes for thanksgiving or fast albeit all these uere delyvered to their hands But on the Contrare and in Contempt of the proclamationes Hes actually preached daylie since syne uithout praying for their Majesties as King and Queen of this realme Convocating severall paroches stirring up and fomenting their disaffectione to their Majesties government Encowradgeing their Majesties Enemies and discouradging their Majesties Loyall subjects And sometymes not only praying for the late King James and that God uould restore him and make his Croune flourish upon his head But also at other tymes doe pray in such ambiguous termes that the Hearers Cannot understand they prayed for their Majesties off all which Crymes The said Mr John Lambie Mr Robert Auchterlonie and Mr William Dumbar are Guiltie actors airt and pairt and ought and should be severely punished in their persone and goods To the terror of others to Committ 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 by gone To Have Ansuered to the forsaid Complaint and to have Heard and seen such ordor and Course taken theranent as the saids Lords of their Majesties privie Councell should think fitt under the paine of rebellione and putting them to the Horne uith Certificationery as the saids Letters uith the executiones therof more fully Bears The uhich Lybell Being this day Called In presence of the saids Lords of their Majesties privie Councell And their Majesties advocat and Sir James Ogilvie their Majesties Sollicitor for their Highness Intrest And all the three Haill defenders all Compearing personally And Their Majesties High Commissioner and Lords of privie Councell Having Considered the lybell and that the said Mr John Lambie Hes acknouledged Judicially That he hes preached since He uas depryved and Having refuised to take the oath of alleadgance and to signe the assurance to their Majesties King William and Queen Mary appoynted by Act of parliament Ther Majesties High Commissioner and Lords of privie Councell Find the lybell proven And therfore ordained the said Mr John Lambie to be Carryed prisoner to the tolbooth of Edinburgh ther to remaine till furder ordor of Councell And the other tuo defenders Having acknouledged the lybell and refuised to signe ane obliedgement to pray for their Majesties King William and Queen Mary as King and Queen of this realme for the future Their Majesties high Commissioner and Lords of privie Councell Have depryved and heirby depryves the said Mr Robert Auchterlony and Mr William Dunbar ministers from their benefices at the kirks of Garvock and Conveth and declares their saids kirks vaccant and ordaines them to remove from their manses and Gleibs Against the first the first2 day of Agust nixt to come and discharges them to Labour the saids Gleibs or any part therof In tyme coming And discharges the saids Mr Robert Auchterlony and Mr William Dunbar to preach or exercise any part of their ministeriall functiones uithin the said paroches or any other places uithin this kingdome untill they qualifie themselves according to Law And ordaines Letters of Horning on fifteen dayes and others needful to be direct heirupon In forme as effeirs

1. NRS, PC1/49, 29-32.

2. Sic.

1. NRS, PC1/49, 29-32.

2. Sic.

Sederunt, 22 May 1693, Edinburgh

Att Edinburgh The Tuentieth second day of May Jaj vic nyntie three years1

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Sederunt

Their Majesties Commissioner; Lord Chancellor; Earl of Drumlangrig; Earl of Argyle; Earl of Erroll; Earl of Southerland; Earl of Linlithgow; Earl of Strathmore; Earl of Leven; Earl of Annandale; Earl of Selkirk; Earl of Kintore; Earl of Breadalbane; Viscount Tarbat; Lord Strathnaver; Lord Raith; Lord Carmichaell; Master of Forbess; Mr Johnstoun secretary; Lord Advocat; Lord Justice Clark; Lord Enstruther; Mr Fra: Muntgomery; Laird of Blackbarrony; Laird of Leyes; Laird of Pollock; Sir Thomas Livingstoune

Att Edinburgh The Tuentieth second day of May Jaj vic nyntie three years1

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Sederunt

Their Majesties Commissioner; Lord Chancellor; Earl of Drumlangrig; Earl of Argyle; Earl of Erroll; Earl of Southerland; Earl of Linlithgow; Earl of Strathmore; Earl of Leven; Earl of Annandale; Earl of Selkirk; Earl of Kintore; Earl of Breadalbane; Viscount Tarbat; Lord Strathnaver; Lord Raith; Lord Carmichaell; Master of Forbess; Mr Johnstoun secretary; Lord Advocat; Lord Justice Clark; Lord Enstruther; Mr Fra: Muntgomery; Laird of Blackbarrony; Laird of Leyes; Laird of Pollock; Sir Thomas Livingstoune

1. NRS, PC1/49, 29.

2. NRS, PC1/49, 29.

1. NRS, PC1/49, 29.

2. NRS, PC1/49, 29.

Decreet, 13 May 1693, Edinburgh

Att Edinburgh The Thretteenth day of May Jaj vic Nyntie three years

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Decreet

Decreit Absolvitor Their Majesties Advocat Against Mr James Strachane

Anent our Soveraigne Lord and Ladys Letters raised and pursued Before the Lords of ther Majesties privie Councell att the instance of Sir James Steuart his Majesties Advocat For their Highness Intrest In the matter underwryten Mentioning That wher albeit by the Law of God and the principle and Constitutione of every well Governed natione All persones are bound to Give due obedience unto and wish well and pray for such To whom they owe Just obedience and true alleadgance as their Soveraigne Especially such who have been the glorious Instrument of their delyverie from the thraldome of popperie and the pernicious Inconveniencies that accompanie ane arbitrary pouer And by the municipall constitutione of this realme all the subjects therof are obleidged to pray for their Lawfull 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 obleidged 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 therinmentioned under the paine of being depryved and losing 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 perrill by word wryting in sermone or any other manner of way to Impugne and disowne their Majesties as King and Queen of Scotland And by the threttieth fifth Act second session 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 proclamatione of estates are prohibited and discharged to preach or exercise any part of the Ministeriall functions aither in Church or meeting house upon any pretence whatsomever untill they first present themselves before the Lords of their Majesties privie Counsell 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 King James as their King In any sort Conforme to the tenor of the said proclamatione Certifying such ministers doing in the Contrar 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 estates to be putt to furder executione Against all such ministers who have not as yet Given obedience therto For praying for their Majesties In manner forsaid And ordained the saids Lords of their Majesties privy Councell to proceed therin And by diverse and sundrie proclamationes of the said Lords of privie Counsell The particular dayes of thanksgiving and for fasting mentioned therin are ordained to be observed nevertheless Mr James Strachane Late minister at Killfillans Albeit he hes Been publictly depryved for not praying for their Majesties in the termes of the Act of Parliament Hes preached severall tymes in the meeting house of Dundie and else wher since the saids Acts of parliament and proclamationes and never prayed for their Majesties nor yet qualified himself according to Law By suearing and signing the oath of alleadgance and Engadging not to owne the late King James nor hes not prayed for their Majesties in such Circumstantial termes as the Hearers might have knouen he prayed for them And hes been soe farr from Evidencing the sense He ought to have had of our preservatione and releiff of the Grevious Circumstances the natione lay under That when the proclamatione of estates was sent to him at least came to his hands or of2 which he had knouledge he was soe farr from testifying his gratitude in Giving due obedience that neither the day appoynted nor att any tyme sincesyne did he read any of the saids proclamationes for thanksgiving or 3 Fasts albeit all these were delyvered to his hands But on the Contrare and In Contempt of the 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 Incouradging their Majesties enemies and discowradging their loyall subjects sometymes not only praying for the Late King James and that God uould restore him and make his Croune flourish In his hand But also at other tymes does pray In such ambiguous termes That his Hearers could not understand He prayed for their Majesties off all which Crymes the said Mr James Strachane Is guiltie actor airt and pairt And ought and should be severely punished in his persone and goods To the terror of others to doe and Committ the lyke In tyme coming And anent the charge Given to the said Mr James Strachane Defender To Have Compeared personally before the saids Lords of their Majesties privie Councell To have ansuered to the forsaid Complaint and to have heard and seen such ordor and course taken theranent as the saids Lords showld think fitt as the said Letters or lybell with the executiones therof at more lenth bears The which Lybell Being this day Called In presence of the saids Lords And both parties Having Compeared personally and the defenders ansuers to the Lybell being Redd and Their Majesties High Commissioner and Lords of privie Councell Having Considered the Lybell uith the Ansuers made therto by the defender They Have assoillzied and Heirby assoillies the said Mr James Strachane defender from the haill poynts and articles of the said Lybell And declares him quyte therof and Free therfrae In all tyme coming he first inacting himself in the books of Privie Councell that he shall not preach nor exercise any part of his ministeriall functione within this kingdome untill he qualifie himself according to law under the penaltie of five hundreth merks scotts in case he faillzie

Att Edinburgh The Thretteenth day of May Jaj vic Nyntie three years

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Decreet

Decreit Absolvitor Their Majesties Advocat Against Mr James Strachane

Anent our Soveraigne Lord and Ladys Letters raised and pursued Before the Lords of ther Majesties privie Councell att the instance of Sir James Steuart his Majesties Advocat For their Highness Intrest In the matter underwryten Mentioning That wher albeit by the Law of God and the principle and Constitutione of every well Governed natione All persones are bound to Give due obedience unto and wish well and pray for such To whom they owe Just obedience and true alleadgance as their Soveraigne Especially such who have been the glorious Instrument of their delyverie from the thraldome of popperie and the pernicious Inconveniencies that accompanie ane arbitrary pouer And by the municipall constitutione of this realme all the subjects therof are obleidged to pray for their Lawfull 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 obleidged 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 therinmentioned under the paine of being depryved and losing 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 perrill by word wryting in sermone or any other manner of way to Impugne and disowne their Majesties as King and Queen of Scotland And by the threttieth fifth Act second session 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 proclamatione of estates are prohibited and discharged to preach or exercise any part of the Ministeriall functions aither in Church or meeting house upon any pretence whatsomever untill they first present themselves before the Lords of their Majesties privie Counsell 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 King James as their King In any sort Conforme to the tenor of the said proclamatione Certifying such ministers doing in the Contrar 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 estates to be putt to furder executione Against all such ministers who have not as yet Given obedience therto For praying for their Majesties In manner forsaid And ordained the saids Lords of their Majesties privy Councell to proceed therin And by diverse and sundrie proclamationes of the said Lords of privie Counsell The particular dayes of thanksgiving and for fasting mentioned therin are ordained to be observed nevertheless Mr James Strachane Late minister at Killfillans Albeit he hes Been publictly depryved for not praying for their Majesties in the termes of the Act of Parliament Hes preached severall tymes in the meeting house of Dundie and else wher since the saids Acts of parliament and proclamationes and never prayed for their Majesties nor yet qualified himself according to Law By suearing and signing the oath of alleadgance and Engadging not to owne the late King James nor hes not prayed for their Majesties in such Circumstantial termes as the Hearers might have knouen he prayed for them And hes been soe farr from Evidencing the sense He ought to have had of our preservatione and releiff of the Grevious Circumstances the natione lay under That when the proclamatione of estates was sent to him at least came to his hands or of2 which he had knouledge he was soe farr from testifying his gratitude in Giving due obedience that neither the day appoynted nor att any tyme sincesyne did he read any of the saids proclamationes for thanksgiving or 3 Fasts albeit all these were delyvered to his hands But on the Contrare and In Contempt of the 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 Incouradging their Majesties enemies and discowradging their loyall subjects sometymes not only praying for the Late King James and that God uould restore him and make his Croune flourish In his hand But also at other tymes does pray In such ambiguous termes That his Hearers could not understand He prayed for their Majesties off all which Crymes the said Mr James Strachane Is guiltie actor airt and pairt And ought and should be severely punished in his persone and goods To the terror of others to doe and Committ the lyke In tyme coming And anent the charge Given to the said Mr James Strachane Defender To Have Compeared personally before the saids Lords of their Majesties privie Councell To have ansuered to the forsaid Complaint and to have heard and seen such ordor and course taken theranent as the saids Lords showld think fitt as the said Letters or lybell with the executiones therof at more lenth bears The which Lybell Being this day Called In presence of the saids Lords And both parties Having Compeared personally and the defenders ansuers to the Lybell being Redd and Their Majesties High Commissioner and Lords of privie Councell Having Considered the Lybell uith the Ansuers made therto by the defender They Have assoillzied and Heirby assoillies the said Mr James Strachane defender from the haill poynts and articles of the said Lybell And declares him quyte therof and Free therfrae In all tyme coming he first inacting himself in the books of Privie Councell that he shall not preach nor exercise any part of his ministeriall functione within this kingdome untill he qualifie himself according to law under the penaltie of five hundreth merks scotts in case he faillzie

1. NRS, PC1/49, 26-9.

2. Interlinear insertion.

3. The word ‘thanks’ scored out here.

1. NRS, PC1/49, 26-9.

2. Interlinear insertion.

3. The word ‘thanks’ scored out here.

Procedure: report, 13 May 1693, Edinburgh

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Procedure: report

The Lord Commissioners Report anent the ship uith the English Commission in the road of Leith

The Lord High Commissioner Acquanted the Councell He Had called for the Commander of the ship of uarr now lying in the Road of Leith and had taken Inspection of his Commissione and find it to run Thus That he fall upon all the Kings Enemies But mentiones nothing of searching scotts shipps And Having Examined the Commander He told him He used noe such practise But would not give a particular promise or Ingadgement Against it and that His Grace is Informed He hes since promised soe much to the merchants

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Procedure: report

The Lord Commissioners Report anent the ship uith the English Commission in the road of Leith

The Lord High Commissioner Acquanted the Councell He Had called for the Commander of the ship of uarr now lying in the Road of Leith and had taken Inspection of his Commissione and find it to run Thus That he fall upon all the Kings Enemies But mentiones nothing of searching scotts shipps And Having Examined the Commander He told him He used noe such practise But would not give a particular promise or Ingadgement Against it and that His Grace is Informed He hes since promised soe much to the merchants

1. NRS, PC1/49, 26.

1. NRS, PC1/49, 26.

Letter: royal, 13 May 1693, Edinburgh

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Letter: royal

Letters of Intercommuning Against the saids rebells

William and Mary By the Grace of God King and Queen of Great Brittaine France and Ireland defenders of the faith To […] Macers of our privie [council] or messengers at armes our shirreffs in that pairt Conjunctlly and severally specially Constitut Greeting That quherupon the tuelvth day of May Instant Leivtennant Collonell Grhame and Michaell Midletoune tuo of the rebells In the Bass James John and Uilliam Midletounes Brethren of the said Michaell Duncan McQueen Thomas Hepburne John Turine Mr […] Henrysone John McLean […] Morrein ane Englishman […] Nicolsone John Gladestones Gavin Johnstoune Leivtennant John Halkett and John Halket seamen Tuo Irish seamen Tuo Hoy boyes that belonged to the Earle of Leven Collonell Grhams servant and three or four more servants were ordorly denunced our rebells and putt to our horne By vertue of a particular Act and ordor of the Lords of our privie Councell used and execute at the Instance of Sir James Steuart our Advocat for our Intrest Against them for not delyvering up themselves to our mercy and the said Island of the Bass for our mercy wherto they were Charged by ane Herauld uith his Coat displayed with a trumpett under the paine of high treasone as the said Act of the date forsaid with the executione therof deuly registrat at Lenth bears Att the which process of horning The forenamed persons rebells doe still ly and Continow taking noe regaird therof nor of our authority and Laues And are Incouradged to Continow in the rebellione by the recept supply and Intercommuning which they have uith severall of their freinds and acquantances to the High Contempt of us our authority and Laues Lykeas the saids Lords of our privie Councell by their Act of the day and date heirof Have ordained these our Letters of Intercomuning To be direct against the rebells and to be published at the mercat Crosses underwryten as the samen at more Lenth Bears Our uill is Hierfore And ue charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercat crosses of the severall Burghs and tounes upon both sydes of the water of Forth and other places needfull And therat In our name and authority Command all and sundry our Leidges and subjects That they nor none of them presume nor take upon hand to resett supply or Intercommone with any of the saids persones our rebells for the Causes forsaids nor furnish them uith meat drink house harbour victuall or any other thing usefull and Comfortable to them nor Have Intelligence uith them by word wryte message or any other manner of way under the paine of being repute and esteemed airt and part uith them In the forsaids Crymes and pursued therfore with all rigour to the terror of others Requyring Hierby all shirreffs steuarts Baillies of Regalities and their deputes and Magistrats of Burghs to apprehend and Committ to prisone any of the persones abovewryten our rebells when they shall be found uithin any of their respective Jurisdictiones according to Justice as ye uill ansuer to us therupon The which to doe we Committ to yow Conjunctlly and severally our full pouer be these our Letters delyvering them be yow dewly execute and Indorsat againe to the Bearer Given under our signet at Edinburgh the Threttienth day of May and of our reigne the fifth year 1693

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Letter: royal

Letters of Intercommuning Against the saids rebells

William and Mary By the Grace of God King and Queen of Great Brittaine France and Ireland defenders of the faith To […] Macers of our privie [council] or messengers at armes our shirreffs in that pairt Conjunctlly and severally specially Constitut Greeting That quherupon the tuelvth day of May Instant Leivtennant Collonell Grhame and Michaell Midletoune tuo of the rebells In the Bass James John and Uilliam Midletounes Brethren of the said Michaell Duncan McQueen Thomas Hepburne John Turine Mr […] Henrysone John McLean […] Morrein ane Englishman […] Nicolsone John Gladestones Gavin Johnstoune Leivtennant John Halkett and John Halket seamen Tuo Irish seamen Tuo Hoy boyes that belonged to the Earle of Leven Collonell Grhams servant and three or four more servants were ordorly denunced our rebells and putt to our horne By vertue of a particular Act and ordor of the Lords of our privie Councell used and execute at the Instance of Sir James Steuart our Advocat for our Intrest Against them for not delyvering up themselves to our mercy and the said Island of the Bass for our mercy wherto they were Charged by ane Herauld uith his Coat displayed with a trumpett under the paine of high treasone as the said Act of the date forsaid with the executione therof deuly registrat at Lenth bears Att the which process of horning The forenamed persons rebells doe still ly and Continow taking noe regaird therof nor of our authority and Laues And are Incouradged to Continow in the rebellione by the recept supply and Intercommuning which they have uith severall of their freinds and acquantances to the High Contempt of us our authority and Laues Lykeas the saids Lords of our privie Councell by their Act of the day and date heirof Have ordained these our Letters of Intercomuning To be direct against the rebells and to be published at the mercat Crosses underwryten as the samen at more Lenth Bears Our uill is Hierfore And ue charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercat crosses of the severall Burghs and tounes upon both sydes of the water of Forth and other places needfull And therat In our name and authority Command all and sundry our Leidges and subjects That they nor none of them presume nor take upon hand to resett supply or Intercommone with any of the saids persones our rebells for the Causes forsaids nor furnish them uith meat drink house harbour victuall or any other thing usefull and Comfortable to them nor Have Intelligence uith them by word wryte message or any other manner of way under the paine of being repute and esteemed airt and part uith them In the forsaids Crymes and pursued therfore with all rigour to the terror of others Requyring Hierby all shirreffs steuarts Baillies of Regalities and their deputes and Magistrats of Burghs to apprehend and Committ to prisone any of the persones abovewryten our rebells when they shall be found uithin any of their respective Jurisdictiones according to Justice as ye uill ansuer to us therupon The which to doe we Committ to yow Conjunctlly and severally our full pouer be these our Letters delyvering them be yow dewly execute and Indorsat againe to the Bearer Given under our signet at Edinburgh the Threttienth day of May and of our reigne the fifth year 1693

1. NRS, PC1/49, 25-6.

1. NRS, PC1/49, 25-6.

Warrant, 13 May 1693, Edinburgh

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Warrant

Warrand For Letters of Intercomuning Against the rebells in the Bass

Their Majesties High Commissioner and Lords of privie Councell Considering that the rebells in the Bass are now againe charged be vertue of a Late ordinance of Councell To delyver up themselves to their Majesties mercy and the Island to their Majesties service under the paine of treasone and have given noe satisfactiory ansuer Their Majesties High Commissioner and the saids Lords of privy Councell Doe Heirby ordaine the Sollicitor to cause registrat the Letters or ordinance against the forsaids rebells and executiones therof and raise Letters of Intercomuning Against these rebells and Cause deuly publish the same at the Crosses of the severall burghs and tounes upon both sydes of the uater of Forth

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Warrant

Warrand For Letters of Intercomuning Against the rebells in the Bass

Their Majesties High Commissioner and Lords of privie Councell Considering that the rebells in the Bass are now againe charged be vertue of a Late ordinance of Councell To delyver up themselves to their Majesties mercy and the Island to their Majesties service under the paine of treasone and have given noe satisfactiory ansuer Their Majesties High Commissioner and the saids Lords of privy Councell Doe Heirby ordaine the Sollicitor to cause registrat the Letters or ordinance against the forsaids rebells and executiones therof and raise Letters of Intercomuning Against these rebells and Cause deuly publish the same at the Crosses of the severall burghs and tounes upon both sydes of the uater of Forth

1. NRS, PC1/49, 25.

1. NRS, PC1/49, 25.

Order, 13 May 1693, Edinburgh

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Order

Recommendation to the Earle of Leven anent the Dutchess of Gordoune

Their Majesties High Commissioner and Lords of privy Councell Doe Heirby Recommend to the Earle of Leven Captaine of the Castle of Edinburgh, to suffer and permitt the Dutchess of Gordoun to remaine in the said Castle with the duke her husband and to goe out or come in as her affairs shall requyre

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Order

Recommendation to the Earle of Leven anent the Dutchess of Gordoune

Their Majesties High Commissioner and Lords of privy Councell Doe Heirby Recommend to the Earle of Leven Captaine of the Castle of Edinburgh, to suffer and permitt the Dutchess of Gordoun to remaine in the said Castle with the duke her husband and to goe out or come in as her affairs shall requyre

1. NRS, PC1/49, 25.

1. NRS, PC1/49, 25.

Order, 13 May 1693, Edinburgh

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Order

Recommendatione to the Earle of Leven anent the wyfes of prisoners in the Castle

The Lord High Commissioner and Lords of privie Councell Doe Heirby Recommend to the Earle of Leven Captaine of the castle of Edinburgh not to suffer or permitt any uomen the wyfes of any prisoners presently in the said castle or who shall heirafter be prisoners therin To remaine uithin the said castle of Edinburgh uith their Husbands the tyme they are to bring furth children Albeit these wyfes Have allouance frae the Councell to stay day and night in the said castle But that they remove themselves from the said castle a competent tyme before their reckoning be out to prevent their delyverie ther

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Order

Recommendatione to the Earle of Leven anent the wyfes of prisoners in the Castle

The Lord High Commissioner and Lords of privie Councell Doe Heirby Recommend to the Earle of Leven Captaine of the castle of Edinburgh not to suffer or permitt any uomen the wyfes of any prisoners presently in the said castle or who shall heirafter be prisoners therin To remaine uithin the said castle of Edinburgh uith their Husbands the tyme they are to bring furth children Albeit these wyfes Have allouance frae the Councell to stay day and night in the said castle But that they remove themselves from the said castle a competent tyme before their reckoning be out to prevent their delyverie ther

1. NRS, PC1/49, 24.

1. NRS, PC1/49, 24.

Procedure, 13 May 1693, Edinburgh

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Procedure

Earle of Southerland Receaved a privie Councellor

The Earle of Southerland nominated a privie Councellor By their Majesties last Commissione of their privy Councell Did suear the oath of alleadgance and signe the assurance appoynted by Act of parliament to their Majesties King William and Queen Mary And the Lord High Chancellor having administred the oath de fideli The Earle was receaved a privy Councellor and took his place at the board

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Procedure

Earle of Southerland Receaved a privie Councellor

The Earle of Southerland nominated a privie Councellor By their Majesties last Commissione of their privy Councell Did suear the oath of alleadgance and signe the assurance appoynted by Act of parliament to their Majesties King William and Queen Mary And the Lord High Chancellor having administred the oath de fideli The Earle was receaved a privy Councellor and took his place at the board

1. NRS, PC1/49, 24.

1. NRS, PC1/49, 24.