Act, 4 May 1693, Edinburgh

Att Edinburgh The Fourth day of May Jaj vic nyntie thrie years

A1693/5/71

Act

Liberatione Sir Robert Hamiltone

Their Majesties High Commissioner and Lords of privie Councell Doe Heirby Give ordor and uarrand to the Magistrats of Edinburgh and Keeper of their tolbooth To Sett at Liberty furth the persone of Sir Robert Hamiltone presently prisoner therin For alleadged being present at the publicatione of a disloyall paper att the Cross of Sanquhar In respect Ther is noe probatione Found against him For which this shall be a sufficient warrand to the Keeper of the said tolbooth

Att Edinburgh The Fourth day of May Jaj vic nyntie thrie years

A1693/5/71

Act

Liberatione Sir Robert Hamiltone

Their Majesties High Commissioner and Lords of privie Councell Doe Heirby Give ordor and uarrand to the Magistrats of Edinburgh and Keeper of their tolbooth To Sett at Liberty furth the persone of Sir Robert Hamiltone presently prisoner therin For alleadged being present at the publicatione of a disloyall paper att the Cross of Sanquhar In respect Ther is noe probatione Found against him For which this shall be a sufficient warrand to the Keeper of the said tolbooth

1. NRS, PC1/49, 21.

1. NRS, PC1/49, 21.

Procedure: committee formed, 4 May 1693, Edinburgh

Att Edinburgh The Fourth day of May Jaj vic nyntie thrie years

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Procedure: committee formed

Committie Anent The said Letter

Their Majesties High Commissioner and Lords of privy Councell Having Heard a Letter from the Kings Majestie Requyring them To Cause tryall be made what peces of ordinance and Artillery doe belong to the Earle of Argyle In the Castle of Edinburgh Stirling and Forts in this kingdome And what He Instructs to belong to him To Cause for the present mark them in the Councell books as belonging to him except tuo small peeces in Stirling Castle which by the Letter are ordored to be delyvered to the Earle Redd They Hierby Recommend to the Earle of Leven Governour of the castle of Edinburgh and Sir Thomas Livingstoune Commander in cheiff of their Majesties forces uithin this kingdome to Consider such Evidences and Instructiones as the Earle of Argyle can Give for making appear what peeces of ordinance or artillery in the Castle of Edinburgh doe belong to him And appoyntes the said Earle to Instruct to Leivt Collonell Erskine Leivt Governour of the castle of Stirling what evidences he Can for proving what peeces of ordinance or artillery in that castle doe belong to him And Recommends to the said Earle of Leven Sir Thomas Livingstoune and Leivt Collonell Erskine to make report to the Councell of what evidences shall be adduced Before them

Att Edinburgh The Fourth day of May Jaj vic nyntie thrie years

A1693/5/61

Procedure: committee formed

Committie Anent The said Letter

Their Majesties High Commissioner and Lords of privy Councell Having Heard a Letter from the Kings Majestie Requyring them To Cause tryall be made what peces of ordinance and Artillery doe belong to the Earle of Argyle In the Castle of Edinburgh Stirling and Forts in this kingdome And what He Instructs to belong to him To Cause for the present mark them in the Councell books as belonging to him except tuo small peeces in Stirling Castle which by the Letter are ordored to be delyvered to the Earle Redd They Hierby Recommend to the Earle of Leven Governour of the castle of Edinburgh and Sir Thomas Livingstoune Commander in cheiff of their Majesties forces uithin this kingdome to Consider such Evidences and Instructiones as the Earle of Argyle can Give for making appear what peeces of ordinance or artillery in the Castle of Edinburgh doe belong to him And appoyntes the said Earle to Instruct to Leivt Collonell Erskine Leivt Governour of the castle of Stirling what evidences he Can for proving what peeces of ordinance or artillery in that castle doe belong to him And Recommends to the said Earle of Leven Sir Thomas Livingstoune and Leivt Collonell Erskine to make report to the Councell of what evidences shall be adduced Before them

1. NRS, PC1/49, 21.

1. NRS, PC1/49, 21.

Letter: royal, 4 May 1693, Edinburgh

Att Edinburgh The Fourth day of May Jaj vic nyntie thrie years

A1693/5/51

Letter: royal

Letter from the King Anent the Earle of Argylls peces of ordinance

The Letter underwryten from the King to the Councell Being redd was ordored to be recorded Quherof the tenor folloues
Suprascribitur William Rex
Right trustie and right uell Beloved Cousine and Councellor Right trustie and Entirely beloved Cousins and Councellors Right trustie and right uell beloved Cousine and Councellors Right trustie and uell beloved Cousins and Councellors Right trustie and uell beloved Councellors and trustie and uell beloved Councellors Ue Greet yow uell Uheras ue are Informed That some peces of ordinance and other artillary In the Castle of Edinburgh Stirling and uther Forts uithin our antient kingdome of Scotland Doe propperly Belong to our right trustie and uell beloved Cousine and Councellor Archibald Earle of Argyle yow are therfore Heirby authorized and requyred to take tryall anent his right to these ordinance and artillery And that what He shall Instruct treuly to belong him yow cause for the present mark the same in your books as belonging to him except tuo small peces that are said to be in the Castle of Stirling them ue ordor to be delyvered to him For doing wherof This shall be your warrant And soe ue bid yow heartily Farewell Given att our Court at Kensingtoune the 23d day of March 1692/3 And of our regne the fifth year By their Majesties Command sic subscribitur J Johnstoun

Att Edinburgh The Fourth day of May Jaj vic nyntie thrie years

A1693/5/51

Letter: royal

Letter from the King Anent the Earle of Argylls peces of ordinance

The Letter underwryten from the King to the Councell Being redd was ordored to be recorded Quherof the tenor folloues
Suprascribitur William Rex
Right trustie and right uell Beloved Cousine and Councellor Right trustie and Entirely beloved Cousins and Councellors Right trustie and right uell beloved Cousine and Councellors Right trustie and uell beloved Cousins and Councellors Right trustie and uell beloved Councellors and trustie and uell beloved Councellors Ue Greet yow uell Uheras ue are Informed That some peces of ordinance and other artillary In the Castle of Edinburgh Stirling and uther Forts uithin our antient kingdome of Scotland Doe propperly Belong to our right trustie and uell beloved Cousine and Councellor Archibald Earle of Argyle yow are therfore Heirby authorized and requyred to take tryall anent his right to these ordinance and artillery And that what He shall Instruct treuly to belong him yow cause for the present mark the same in your books as belonging to him except tuo small peces that are said to be in the Castle of Stirling them ue ordor to be delyvered to him For doing wherof This shall be your warrant And soe ue bid yow heartily Farewell Given att our Court at Kensingtoune the 23d day of March 1692/3 And of our regne the fifth year By their Majesties Command sic subscribitur J Johnstoun

1. NRS, PC1/49, 20-21.

1. NRS, PC1/49, 20-21.

Act, 4 May 1693, Edinburgh

Att Edinburgh The Fourth day of May Jaj vic nyntie thrie years

A1693/5/41

Act

Repryve James Campbell

Anent the petitione Given In to the Lords of their Majesties privie Councell be James Campbell prisoner In the tolbooth of Edinburgh Sheuing That the poor Supplicant being condemned by the Lords of Justiciary on the tuelvth day of the last month He did uith all dutifull acknowledgement acquiesce in the Justice of the said sentence And did in all Humility represent to the saids Lords of privy Councell That the simplicity and folly of youth had unlukily drawen him Into the snare And that he hath been only Ingadged uith that villanous Crue since mertimes last And that the early remorss he had for their abominable and sinfull practises made him In six weeks abondone them and Ingadge In their Majesties service In Major Generall Livingstounes regiment of dragoones The petitioner doe further protest on the faith of a dying man That he was guilty of noe other robberies then these tuo he confest In Judgement And darrs appeall to his accomplices themselves that noe more can be laid to his charge And to Evince his Ingenuitie He did confess a Cryme which was not In his lybell And blessed be the Lord He Continoues still to have a very deep sense of his Crymes And if he be thought worthie to live any longer He is resolved with the assistance of God to Live a better lyfe then formerly The saids Lords were pleased to lett the supplicant taste of their mercy and Compassione By repryving him for some weeks which the petitioner hopes he hath Improved to his souls advantadge And that he hath done nothing since may make their Lordships beleeve that he hath abused the Goodnes they have been pleased to show him He does not Indeavour to extenuat or Lessen his guilt Being wholly Convinced that any one of the Crymes he hath Committed deserves death And doeth In all Humility Beseech His Grace and their Lordships not to Give Credite to these false and malicious calumnies which he is Informed are spred on him off purpose to exclude him of their Lordships mercy and compassion He doeth once more protest as in presence of Almightie God (Before whose tribunall He must shortly appear and make accompt of all his actions) That he uas never guilty of murther nor any other robberie then the tuo he hath acknouledged And tho he hath not been able to make restitutione of all the Goods that were taken by him and his Complices yet by restoring what he can to his owne share He hath Evidenced to make reparatione In sua as he is cappable And uith which they are so uell satisfied That they have not only pardoned him But are readie to testifie their acceptance therof as will appear by the paper produced with the said petitione signed by the Gairdners wyfe of Arniestoune and Sir John Clarks verball declaratione And therfore Humbly supplicating His Grace and their Lordships to Continow these mercifull Inclinationes they have been pleased to show to the poor supplicant And if He Cannot obtaine a pardone yet that their Lordships would Grant a repryve for a competent space or that they uould alter the sentence Into perpetuall Banishment That soe He may have more tyme to repent of his sinns and his poor wyfe and family may have ever reasone to pray 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 James Campbell uith the discharge mentioned therin and produced theruith They Hierby Repryve the said James Campbell from the sentence of death pronunced against him untill the first teusday of Junij nixt Inclusive and discharges the Magistrats of Edinburgh to putt the said sentence in executione untill the nixt day Immediatly after the said first teusday of Junij nixt Sic subscribitur Tueeddale Cancell Argyle Linlithgow Annandale Breadalbane Rossh Beilhaven W Anstruther Ludovick Grant

Att Edinburgh The Fourth day of May Jaj vic nyntie thrie years

A1693/5/41

Act

Repryve James Campbell

Anent the petitione Given In to the Lords of their Majesties privie Councell be James Campbell prisoner In the tolbooth of Edinburgh Sheuing That the poor Supplicant being condemned by the Lords of Justiciary on the tuelvth day of the last month He did uith all dutifull acknowledgement acquiesce in the Justice of the said sentence And did in all Humility represent to the saids Lords of privy Councell That the simplicity and folly of youth had unlukily drawen him Into the snare And that he hath been only Ingadged uith that villanous Crue since mertimes last And that the early remorss he had for their abominable and sinfull practises made him In six weeks abondone them and Ingadge In their Majesties service In Major Generall Livingstounes regiment of dragoones The petitioner doe further protest on the faith of a dying man That he was guilty of noe other robberies then these tuo he confest In Judgement And darrs appeall to his accomplices themselves that noe more can be laid to his charge And to Evince his Ingenuitie He did confess a Cryme which was not In his lybell And blessed be the Lord He Continoues still to have a very deep sense of his Crymes And if he be thought worthie to live any longer He is resolved with the assistance of God to Live a better lyfe then formerly The saids Lords were pleased to lett the supplicant taste of their mercy and Compassione By repryving him for some weeks which the petitioner hopes he hath Improved to his souls advantadge And that he hath done nothing since may make their Lordships beleeve that he hath abused the Goodnes they have been pleased to show him He does not Indeavour to extenuat or Lessen his guilt Being wholly Convinced that any one of the Crymes he hath Committed deserves death And doeth In all Humility Beseech His Grace and their Lordships not to Give Credite to these false and malicious calumnies which he is Informed are spred on him off purpose to exclude him of their Lordships mercy and compassion He doeth once more protest as in presence of Almightie God (Before whose tribunall He must shortly appear and make accompt of all his actions) That he uas never guilty of murther nor any other robberie then the tuo he hath acknouledged And tho he hath not been able to make restitutione of all the Goods that were taken by him and his Complices yet by restoring what he can to his owne share He hath Evidenced to make reparatione In sua as he is cappable And uith which they are so uell satisfied That they have not only pardoned him But are readie to testifie their acceptance therof as will appear by the paper produced with the said petitione signed by the Gairdners wyfe of Arniestoune and Sir John Clarks verball declaratione And therfore Humbly supplicating His Grace and their Lordships to Continow these mercifull Inclinationes they have been pleased to show to the poor supplicant And if He Cannot obtaine a pardone yet that their Lordships would Grant a repryve for a competent space or that they uould alter the sentence Into perpetuall Banishment That soe He may have more tyme to repent of his sinns and his poor wyfe and family may have ever reasone to pray 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 James Campbell uith the discharge mentioned therin and produced theruith They Hierby Repryve the said James Campbell from the sentence of death pronunced against him untill the first teusday of Junij nixt Inclusive and discharges the Magistrats of Edinburgh to putt the said sentence in executione untill the nixt day Immediatly after the said first teusday of Junij nixt Sic subscribitur Tueeddale Cancell Argyle Linlithgow Annandale Breadalbane Rossh Beilhaven W Anstruther Ludovick Grant

1. NRS, PC1/49, 19-20.

1. NRS, PC1/49, 19-20.

Sederunt, 4 May 1693, Edinburgh

Att Edinburgh The Fourth day of May Jaj vic nyntie thrie years1

A1693/5/32

Sederunt

Their Majesties Commissioner; Lord Chancellor; Earl of Drumlangrig H: T:; Earl of Melvill p: s; Marquis of Douglas; Earl of Argyle; Earl of Erroll; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Selkirk; Earl of Forfar; Earl of Kintore; Earl of Breadalbane; Viscount Tarbat; Viscount Stair; Lord Strathnaver; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Carmichaell; Lord Polluarth; Master of Forbess; Mr Johnstoun secretary; Lord Advocat; Lord Justice Clark; Lord Hattoune; Lord Funtainhall; Lord Anstruther; Mr Fra: Muntgomery; Laird of Grant; Laird of Blackbarrony; Laird of Steivensone; Laird of Leyes; Laird of Pollock; Sir Thomas Livingstoun

Att Edinburgh The Fourth day of May Jaj vic nyntie thrie years1

A1693/5/32

Sederunt

Their Majesties Commissioner; Lord Chancellor; Earl of Drumlangrig H: T:; Earl of Melvill p: s; Marquis of Douglas; Earl of Argyle; Earl of Erroll; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Selkirk; Earl of Forfar; Earl of Kintore; Earl of Breadalbane; Viscount Tarbat; Viscount Stair; Lord Strathnaver; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Carmichaell; Lord Polluarth; Master of Forbess; Mr Johnstoun secretary; Lord Advocat; Lord Justice Clark; Lord Hattoune; Lord Funtainhall; Lord Anstruther; Mr Fra: Muntgomery; Laird of Grant; Laird of Blackbarrony; Laird of Steivensone; Laird of Leyes; Laird of Pollock; Sir Thomas Livingstoun

1. NRS, PC1/49, 19.

2. NRS, PC1/49, 19.

1. NRS, PC1/49, 19.

2. NRS, PC1/49, 19.

Procedure, 2 May 1693, Edinburgh

Att the Laigh parliament house in Edinburgh the second day of May Jaj vic nyntie thrie years

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Procedure

Proposall The Councell to the parliament anent seamen

The subsequent Recommendatione or proposall being drauen was Immediatly carryed into the Parliament unsigned and the same is Ingrossed in ane Act of parliament upon the fourth day of this same month Folloues the Recommendatione or proposall
The Lords of their Majesties privie Councell In Complyance uith his Majesties Letter for that effect Recommends to their Majesties High Commissioner and honoraball estates of parliament That ane ordor of parliament may be emitted appoynting the magistrats of all the burghs royall burghs of regality and barronies upon the sea coasts of this kingdome and others the Heretors upon the sea coasts to make up lists of the whole seamen Fishermen and boatmen uithin the bounds of their respective Jurisdictiones And cause cast Lotts for the fourth man that is betueen sixtie and sixteen In all such burghs and places which furnished noe seamen the last year In obedience to the Councells ordors for that effect And therafter to Cast Lotts for the Eight man Contained in the saids Lists to be made up by oath or any other legall method by the saids Magistrats uithin the whole bounds respectively abovenamed and the magistrats and Heretors are lykewayes to cast Lotts for the uillfull absent or unwilling seamen And which fourth and Eight man The saids magistrats and heretors are Immediatly to seize and delyver to Captaine William Erskine Leivtennant Governour of Blackness or such as he shall depute and give Commissione to for that effect who (for the better ease of the magistrats respective forsaids) Is to be Intrusted for receaving and transporting the said seamen Immediatly after they are listed and to Carry them to Leith quher every seaman that Ingadges in the service Is to receave tuenty four pounds off gratificatione By and attour their constant pay therafter Conforme to the English establishment And the said Captain Erskine is to transport the seamen to be Levyed from Largs to Dundie Inclusive Before the tuenty day of May Instant and the seamen of other places betuixt and the first of Junij nixt

Att the Laigh parliament house in Edinburgh the second day of May Jaj vic nyntie thrie years

A1693/5/21

Procedure

Proposall The Councell to the parliament anent seamen

The subsequent Recommendatione or proposall being drauen was Immediatly carryed into the Parliament unsigned and the same is Ingrossed in ane Act of parliament upon the fourth day of this same month Folloues the Recommendatione or proposall
The Lords of their Majesties privie Councell In Complyance uith his Majesties Letter for that effect Recommends to their Majesties High Commissioner and honoraball estates of parliament That ane ordor of parliament may be emitted appoynting the magistrats of all the burghs royall burghs of regality and barronies upon the sea coasts of this kingdome and others the Heretors upon the sea coasts to make up lists of the whole seamen Fishermen and boatmen uithin the bounds of their respective Jurisdictiones And cause cast Lotts for the fourth man that is betueen sixtie and sixteen In all such burghs and places which furnished noe seamen the last year In obedience to the Councells ordors for that effect And therafter to Cast Lotts for the Eight man Contained in the saids Lists to be made up by oath or any other legall method by the saids Magistrats uithin the whole bounds respectively abovenamed and the magistrats and Heretors are lykewayes to cast Lotts for the uillfull absent or unwilling seamen And which fourth and Eight man The saids magistrats and heretors are Immediatly to seize and delyver to Captaine William Erskine Leivtennant Governour of Blackness or such as he shall depute and give Commissione to for that effect who (for the better ease of the magistrats respective forsaids) Is to be Intrusted for receaving and transporting the said seamen Immediatly after they are listed and to Carry them to Leith quher every seaman that Ingadges in the service Is to receave tuenty four pounds off gratificatione By and attour their constant pay therafter Conforme to the English establishment And the said Captain Erskine is to transport the seamen to be Levyed from Largs to Dundie Inclusive Before the tuenty day of May Instant and the seamen of other places betuixt and the first of Junij nixt

1. NRS, PC1/49, 18-19.

1. NRS, PC1/49, 18-19.

Sederunt, 2 May 1693, Edinburgh

Att the Laigh parliament house in Edinburgh the second day of May Jaj vic nyntie thrie years1

A1693/5/12

Sederunt

Ther Majesties Commissioner; Lord Chancellor; Earl of Drumlangrig; Earl of Melvill; Marquis of Douglas; Earl of Argyle; Earl of Erroll; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Selkirk; Earl of Forfar; Earl of Kintore; Earl of Breadalbane; Viscount Tarbat; Viscount Stair; Lord Strathnaver; Lord Raith; Lord Ross; Lord Cardross; Lord Beilhaven; Lord Carmichaell; Lord Justice Clark; Mr Fra: Muntgomry; Laird of Grant: Sir Thomas Livingstoun

Att the Laigh parliament house in Edinburgh the second day of May Jaj vic nyntie thrie years1

A1693/5/12

Sederunt

Ther Majesties Commissioner; Lord Chancellor; Earl of Drumlangrig; Earl of Melvill; Marquis of Douglas; Earl of Argyle; Earl of Erroll; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Selkirk; Earl of Forfar; Earl of Kintore; Earl of Breadalbane; Viscount Tarbat; Viscount Stair; Lord Strathnaver; Lord Raith; Lord Ross; Lord Cardross; Lord Beilhaven; Lord Carmichaell; Lord Justice Clark; Mr Fra: Muntgomry; Laird of Grant: Sir Thomas Livingstoun

1. NRS, PC1/49, 18.

2. NRS, PC1/49, 18.

1. NRS, PC1/49, 18.

2. NRS, PC1/49, 18.

Act, 31 May 1692, Edinburgh

Att Edinburgh Threttie one day of Maij Jaj vjc nyntie tuo years

A1692/5/1831

Act

Act Mr James Menzies for stipend

Anent the petitione given in to the Lords of there majestyes privie Councill be Mr James Menzies sometyme minister at Callender Shewing That the Earle of Callender being patrone of the paroch kirk of Falkirk hes by vertue of the Late act of parliament allowing patrones to dispose upon the vacand stipends for pious uses, Gifted and disponed the petitioner for the sustentatione of himself and Mary Livingstoun his Spouse and there six children the stipend of the pariochine of Falkirk Together with the duety of the manse and gleib thereof vacant in the said patrons hands And that for the Cropt and year of God Jaj vjc and nyntie one years As the gift and dispositione produced with the said petitione hes testifyed which is a most pious use In respect of the petitioners Circumstances Being destitute of the means of subsistance for himself and his numerous family And therefore Craveing that the saids Lords of privie Councill would be pleased to Interpone there authority to the forsaid disposition granted be the Earle of Callender And to ordaine Letters of horning to be direct at the petitioners instance againest the heretors fewers Lyfrenters tacksmen and others Lyable in payment of the said stipend for makeing payment thereof to the petitioner As the said petitione bears Which petition Being read in presence of, and Considered be the saids Lords of privie Councill They by there delyverance thereon daitted the nynteent day of Maij Instant (and haveing Lykewayes considered the gift and dispositione above mentioned from the said Earle of Callender mentioned mentioned2 in and produced with the said petitione) Allowed to the petitioner the stipend manse and Gleib of the Kirk of Falkirk for the haill cropt and year of God Jaj vjc and Nyntie one And ordained him to be readiely ansuered obeyed and payed thereof be the heretors fewers Lyfrenters titulars tacksmen of teynds tennents possessors and others Lyable in payment of the samen And ordained Letters of horning to be direct at his instance against them for that effect upon productione of a decreet of Locality And in case there be no decreet ordained these Lyable To make payment of there respective proportiones according as the samen shall be decerned be the Judge ordinary Which Decreet Being therefter upon the Tuentie second day of the said moneth of Maij Instant Stopted be the Lord Chancellours order untill the next Councill And that the petitione againest the same might be heard befor the Councill. The samen wes again this day Considered be the saids Lords of privie Councill with ane other petitione Given in be the heretors and Kirk session of Falkirk Craveing the former delyverance in the petitioners favours to be discharged They refuse the desyre of the petition given in be the heretors and Kirk session And adheres to the former Interloquitor In favours of the said Mr James Menzies and ordaines the same to be extracted3 In respect he hes given to the Clerks of Councill ane obleidgement subscryved be him Binding and obleidgeing himself That for the future he shall pray for there majestyes King William and Queen Mary as King and Queen of this Realme.

At Edinburgh 31 May 1692

A1692/5/1831

Act

Act Mr James Menzies for stipend

Concerning the petition given in to the lords of their majesties’ privy council by Mr James Menzies, former minister of Callendar, showing that the [Alexander Livingston], earl of Callendar, being patron of the parish kirk of Falkirk, has by virtue of the recent act of parliament allowing patrons to dispose of vacant stipends for pious uses, gifted and disponed to the petitioner for the sustenance of himself and Mary Livingston his spouse and their six children the stipend of the parish of Falkirk together with the duty of the manse and glebe thereof, vacant in the said patron’s hands and that for the crop and year of God 1691, as the gift and disposition produced with the said petition has testified, which is a most pious use considering the petitioner’s circumstances, being destitute of the means of subsistence for himself and his numerous family, and therefore craving that the said lords of privy council would be pleased to interpose their authority to the foresaid disposition granted by the earl of Callendar, and to ordain letters of horning to be directed at the petitioner’s instance against the heritors, feuars, liferenters, tacksmen and others liable for payment of the said stipend for making payment thereof to the petitioner, as the said petition bears. Which petition being read in presence of, and considered by the said lords of privy council, they by their deliverance thereon dated 19 May instant (and having likewise considered the gift and disposition above mentioned from the said earl of Callendar mentioned in and produced with the said petition) allowed to the petitioner the stipend, manse and glebe of the kirk of Falkirk for the whole crop and year of God 1691, and ordained him to be readily answered, obeyed and paid thereof by the heritors, feuars, liferenters, titulars, tacksmen of teinds, tenants, possessors and others liable for payment of the same, and ordained letters of horning to be directed at his instance against them for that effect upon production of a decreet of locality, and in case there is no decreet, ordained those liable to make payment of their respective proportions as the same shall be discerned by the judge ordinary, which decreet being thereafter on 22 of May instant stopped by the lord chancellor’s order until the next council, so that the petition against the same might be heard before the council. The same was again considered today by the said lords of privy council with another petition given in by the heritors and kirk session of Falkirk, craving the former deliverance in the petitioner’s favour to be discharged. They refuse the desire of the petition given in by the heritors and kirk session and adhere to the former interlocutor in favour of the said Mr James Menzies and ordain the same to be extracted in respect he has given to the clerks of council an obligation subscribed by him, binding and obliging him to pray in future for their majesties King William and Queen Mary as king and queen of this realm.

1. PC1/48, 234-5.

2. Sic.

3. The word ‘He’ scored out here.

1. PC1/48, 234-5.

Act, 31 May 1692, Edinburgh

Att Edinburgh Threttie one day of Maij Jaj vjc nyntie tuo years

A1692/5/1821

Act

Liberation Patrick Watsone

Anent the petitione given into the Lords of there Majesties privie Councill be Patrick Watson servitor to My Lady Rosehaugh Shewing That the petitioner haveing this fourtnight bygone been prisoner in the tolbooth of the Cannongate albeit he be Conscious to himself of no guilt or misdemaner againest the government or there Lordships (2Except the carryeing of a letter from the Earle of Sieforth to his Lady he being altogether Ignorant of the Circumstances his Lordship wes then under or that he hade escaped after he wes putt under Centries And the petitioner haveing also upon his first examinatione Ingeniously Confessed where the Earle wes Concealled And that the detaining the petitioner in prisone can be no further serviceable to the government Bot the other hand verie prejudiciall both to himself And the said Lady Rosehaughes affairs which as Intrusted to the petitioner And therefore Craveing that the saids Lords would be pleased to ordaine the petitioner to be sett at Liberty from the said tedious Imprisonement That the petitioner may attend his service and duety as formerly As the said petitione bears The Saids Lords of there Majestyes privie Councill Haveing Considered this petition Given in to them be the above Patrick Watsone They hereby Give order and warrand to the Magistrats of Edinburgh Bailzies of the Canongate and keeper of the tolbooth thereof To set at Liberty the petitioner furth of the same.

At Edinburgh 31 May 1692

A1692/5/1821

Act

Liberation for Patrick Watson

Concerning the petition given into the lords of their majesties’ privy council by Patrick Watson, servitor to [Margaret Haliburton], Lady Rosehaugh, showing that the petitioner having this last fortnight been a prisoner in the tolbooth of the Canongate, albeit he is conscious to himself of no guilt or misdemeanour against the government or their lordships, except for carrying a letter from [Kenneth MacKenzie], earl of Seaforth to [Frances Herbert] his lady, he being altogether ignorant of the circumstances his lordship was then under or that he had escaped after he was put under guard, and the petitioner having also upon his first examination honestly confessed where the earl was concealed and that detaining the petitioner in prison can be no more service to the government, but on the other hand very prejudicial both to himself and the said Lady Rosehaugh’s affairs which as entrusted to the petitioner, and therefore craving that the said lords would be pleased to ordain the petitioner to be set at liberty from the said tedious imprisonment so that the petitioner may attend his service and duty as formerly, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Patrick Watson, they hereby give order and warrant to the magistrates of Edinburgh, bailies of the Canongate and keeper of the tolbooth thereof to set at liberty the petitioner out of the same.

1. PC1/48, 233

2. Closing bracket missing.

1. PC1/48, 233

Act, 31 May 1692, Edinburgh

Att Edinburgh Threttie one day of Maij Jaj vjc nyntie tuo years

A1692/5/1811

Act

Liberation Robert Rutherfoord

Anent the petitione given in to the Lords of there majestyes privie Councill be Robert Clerk Chirurgeon apothecarie and now prisoner in the tolbooth of Edinburgh Shewing That where being as apothecarie by Mr Pain then prisoner in the Castle of Edinburgh The petitioner wes upon the finding of a botle of aqua fortis and some other Corrosive drogges under his window made prisoner And being Examined Did with all Ingenuity Confess as he does now confess to there Lordships That he wes Induced in the maner he hes declared to procure and delyver the said Droges for Cutting off the Stanchells And helping him to make his escape which the petitioner does with all submissione acknowledge to have been a great transgressione But for any designe that he or any other might have hade to use these druges for poisoneing The petitioner does here solemnely protest befor God and there Lordships That he never heard any such thing or Entertained Such a thought And that he abhores and detests the very suspicione of it And sieing that the petitioner wes only ever taken in the said transgressione by his being Pain’s ordinary apothecary And the facility of the petitioners youth and other temptationes obvious enough in such a case without the Least designe againest the government And that the young Boy the petitioners prentice also prisoner on this Occasione, Did nothing but as the petitioners servant and by his directione And that the petitioner hes used all the Ingenuity in this matter And makes Intire submissione to there Lordships pleasure, And therefore Craveing that there Lordships would be pleased to ordaine the petitioner to be sett at Liberty And If there Lordships think fitt upon good and sufficient Cautione that he shall ansuer when called as Lykewayes that his said apprentice be sett at Libertie As the said petitione bears The Saids Lords of there Majestyes privie Councill Haveing Considered this petitione given in to them be the above Robert Clerk They Refuse the desyre thereof as to Robert Clerk And doe hereby give order and warrand to the magistrates of Edinburgh Bailzies of the Canongate and keeper of the tolbooth thereof to sett at Liberty Robert Rutherfoord apprentice to the said Robert Clerk furth of the said tolbooth where he is presently prisoner.

At Edinburgh 31 May 1692

A1692/5/1811

Act

Liberation for Robert Rutherford

Regarding the petition given in to the lords of their majesties’ privy council by Robert Clerk, surgeon apothecary and now prisoner in the tolbooth of Edinburgh, showing that where being apothecary by Mr [Henry Neville] Payne, then prisoner in the Castle of Edinburgh, the petitioner was, upon the finding of a bottle of nitric acid and some other corrosive chemicals under his window, imprisoned and being examined did with all honesty confess as he does now confess to their lordships that he was induced in the manner he has declared to procure and deliver the said chemicals for cutting off the bars and helping him to escape which the petitioner with all submission acknowledges to have been a great transgression, but regarding any plan he or any other might have had to use these chemicals for poisoning, the petitioner solemnly protested before God and their lordships that he never heard any such thing or entertained such a thought and that he abhors and detests the very suspicion of it, and seeing that the petitioner was only ever taken in the said transgression by his being Payne’s ordinary apothecary and the facility of the petitioner’s youth and other temptations obvious enough in such a case without the least design against the government and that the young boy, the petitioners apprentice, also a prisoner for this crime, did nothing but as the petitioner’s servant and by his direction and that the petitioner has used all the ingenuity in this matter and makes full submission to their lordships’ pleasure, and therefore craving that their lordships would be pleased to ordain the petitioner to be set at liberty, and if their lordships think fit upon good and sufficient caution that he shall answer when called, as likewise that his said apprentice be set at liberty, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Robert Clerk, they refuse the desire thereof as to Robert Clerk, and hereby give order and warrant to the magistrates of Edinburgh, bailies of the Canongate and keeper of the tolbooth thereof to set at liberty Robert Rutherford, apprentice to the said Robert Clerk, out of the said tolbooth where he is presently a prisoner.

1. PC1/48, 232-3.

1. PC1/48, 232-3.