Tag Archives: November

Warrant, 28 November 1695, Edinburgh

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At Edinburgh thursday the tuentie eight day of November Jaj vjc nynty and fyve years

A1695/11/341

Warrant

Warrand for delyvering Scarlott to Robert Plumer

The Lords of his Majesties privy Councill doe hereby give ordor and warrand To the magistrats of Edinburgh and keeper of their Tolbooth to delyver John Hamilton alias Scarlet to Robert Plumber sone to Andrew Plumber of Midlestead in the Lord Lorns Regiment of foot in his Majesties service in Flanders to be carried aboard by the said Robert to serve as a souldier in the foresaid Regiment so soon as the recruits shall be shipped.

At Edinburgh thursday the tuentie eight day of November Jaj vjc nynty and fyve years

A1695/11/341

Warrant

Warrand for delyvering Scarlott to Robert Plumer

The Lords of his Majesties privy Councill doe hereby give ordor and warrand To the magistrats of Edinburgh and keeper of their Tolbooth to delyver John Hamilton alias Scarlet to Robert Plumber sone to Andrew Plumber of Midlestead in the Lord Lorns Regiment of foot in his Majesties service in Flanders to be carried aboard by the said Robert to serve as a souldier in the foresaid Regiment so soon as the recruits shall be shipped.

1. NRS, PC1/50, 278.

1. NRS, PC1/50, 278.

Act, 28 November 1695, Edinburgh

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At Edinburgh thursday the tuentie eight day of November Jaj vjc nynty and fyve years

A1695/11/331

Act

Act takeing of the Viscount Stormonth’s confynement

Anent the petitione given in to the Lords of his majesties privy Councill by David Viscount of Stormont Shewing that where the petitioner being formerly under baille To appear before the said Lords when called for and in May Jaj vjc nynty and three years He did appear and was confyned and hes so continowed ever since to the great prejudice ruine and Loss of his private affaires and particular interests within this Kingdome where his fortune Lyes and his necessar affairs call’s him which by reasone of his Confynment he cannot attend and the said petitioner Haveing alwayes Lived quietly and peaceablie and is content upon the takeing of his confynement so that He may with freedome attend his necessar business To find sufficient Cautione not only to Live peaceablie in tyme comeing but also to appear before the said Lords when called for And therfore Humblie Craveing in maner and to the effect aftermentioned as the said petitione at lenth bears. The Lords of his majesties privy Councill haveing considered the said petitione given in to them by the said Viscount of Stormont They Hereby allow the said petitioner To repaire to the City of Edinburgh or anywhere else within this Kingdome for attending his necessary affaires untill the first day of march next inclusive. And takes of his confynement untill that tyme In respect He hes given bond and found sufficient Cautione acted in the books of privy Councill That He shall in the meantyme live peaceablie under and with all submissione to the present Government of his majestie King William and that He shall not act consult or contryve any thing in prejudice Hereof nor shall not converse nor correspond with any Rebells and that he shall apear before the said Lords of privy Councill when called for betwixt and the said day and that at the said first day of March next He shall repair to his house at Skoone and shall remaine confyned thereat and two myles about the same on that syde of the water of Tay and not goe without the bounds of his confynement and that He shall live peaceably in the tearmes foresaid and shall appear before the said Lords of privy Councill when called for or requyred under the penalty of one thousand fyve Hundred pound sterline in case He shall transgress in any part of the premisses

At Edinburgh thursday the tuentie eight day of November Jaj vjc nynty and fyve years

A1695/11/331

Act

Act takeing of the Viscount Stormonth’s confynement

Anent the petitione given in to the Lords of his majesties privy Councill by David Viscount of Stormont Shewing that where the petitioner being formerly under baille To appear before the said Lords when called for and in May Jaj vjc nynty and three years He did appear and was confyned and hes so continowed ever since to the great prejudice ruine and Loss of his private affaires and particular interests within this Kingdome where his fortune Lyes and his necessar affairs call’s him which by reasone of his Confynment he cannot attend and the said petitioner Haveing alwayes Lived quietly and peaceablie and is content upon the takeing of his confynement so that He may with freedome attend his necessar business To find sufficient Cautione not only to Live peaceablie in tyme comeing but also to appear before the said Lords when called for And therfore Humblie Craveing in maner and to the effect aftermentioned as the said petitione at lenth bears. The Lords of his majesties privy Councill haveing considered the said petitione given in to them by the said Viscount of Stormont They Hereby allow the said petitioner To repaire to the City of Edinburgh or anywhere else within this Kingdome for attending his necessary affaires untill the first day of march next inclusive. And takes of his confynement untill that tyme In respect He hes given bond and found sufficient Cautione acted in the books of privy Councill That He shall in the meantyme live peaceablie under and with all submissione to the present Government of his majestie King William and that He shall not act consult or contryve any thing in prejudice Hereof nor shall not converse nor correspond with any Rebells and that he shall apear before the said Lords of privy Councill when called for betwixt and the said day and that at the said first day of March next He shall repair to his house at Skoone and shall remaine confyned thereat and two myles about the same on that syde of the water of Tay and not goe without the bounds of his confynement and that He shall live peaceably in the tearmes foresaid and shall appear before the said Lords of privy Councill when called for or requyred under the penalty of one thousand fyve Hundred pound sterline in case He shall transgress in any part of the premisses

1. NRS, PC1/50, 277-8.

1. NRS, PC1/50, 277-8.

Act, 28 November 1695, Edinburgh

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At Edinburgh thursday the tuentie eight day of November Jaj vjc nynty and fyve years

A1695/11/321

Act

Act against Exportatione of money furth of the Kingdome

The Estates of parliament Considering how much the Kingdome is impoverished by the daylie exportatione of money furth of the same; And that the makeing use of our native Commodities for furnishing us with these things which formerly were brought to us from forraigne places, is, by the Commendable industrie of several deserveing Countreymen and ingenious artists much improved and that in ordor to their incouragement and that our native Commodities may goe the better off Necessar it is that some more severe restraint then formerly be laid upon the exportatione of money Therfore the Kings majestie with advyse and consent of his Estates of parliament statutes and ordains That noe persone or persons whatsomever, shall trade or use merchandize with any other natione Till first they take ane oath before the Lord Thesaurer or Thesaurer Deput, or before such persones as they shall appoynt for that effect That they shall not export by themselves or others directly or indirectly2 by sea or Land any gold or silver coyned or uncoyned except such a sum as they shall declare upon oath before the said Lord Thesaurer Thesaurer deput or these appoynted by them as said is to be necessary for making of their voyage to the port where they are goeing And that if he Know any money transported by any other persone He shall declare the same to the Lord Thesaurer principall or deput or to the foresaid persons appoynted by them as lykewayes every skipper shall before he make any voyage after the3 publicatione Hereof to any other Kingdome or natione take ane oath before the said Lord Thesaurer or Thesaurer deput or these appoynted by them for that effect That He shall not himself transport nor suffer any gold or silver coyned or uncoyned (except as is above excepted and except the sum of threescoir pounds at most which every passanger is hereby allowed to Carrie furth of the Countrey for his necessary spending) to be transported in the ship wherein he is master and that he shall use his outmost endeavour for discoverie of the same if any be and that if after he hath made saill it shall come to his knowledge That there is any money concealled in his Ship or in any other Ship He shall at his returne delate the same to the Lord Thesaurer principall or deput or those appoynted by them for that effect And which persons appoynted by them are Hereby requyred To give tymeous nottice thereof to the said Lord Thesaurer or Thesaurer deput under the penalty of the Half of the money informed to have been transported and sicklyke the said oathes shall be renewed and taken before the said Lord Thesaurer or deput or these appoynted by them as said is by all skippers and merchants at the makeing of every particular voyage and both the said oathes shall be subscryved by the respective parties and insert in the books of Exchaquer or in the books of these persones appoynted by the Lord Thesaurer deput for that effect For which extracts they shall pay to the keepers of these Registers tuelve shilling scots allenarly The one therof to be carried to the Customer and insert in their books gratis The other to the Keeper of the Cocquet and insert in his books gratis And it’s furder status and ordained that in case any merchant or Skipper shall after the publicatione Hereof, Trade with or many any voyage to any other Kingdome or natione, before the takeing of the said oaths and productione therof to the Customer of the Cocquet That they shall forfeitt the fyfth part of their moveables and be incapable, the merchant of all tradeing and the Shipper of haveing any charge of any ship within this Kingdome in all tyme comeing Provyded alwayes that the takeing of the oaths abovementioned shall be without prejudice of search for or seizure of any exported money and if any gold or silver coyned or uncoyned shall after publicatione Hereof be discovered carrying out of the Kingdome by any persone who hath taken the said oath, The same not only to be confiscat but the persone or persons owners thereof to be proceeded against as perjured persones and furder lyable to sex moneths imprisonment as also it is hereby declared That notwithstanding the said oaths, if it shall be at any tyme therafter be Legallie proven money hath been carried out of the Kingdome by the persons takers of the said oath The said persons shall be proceeded against as perjured persones and by and attour be fyned in the value of the money exported And whatsoever money shall be discovered and seized upon the one half thereof to be for his majesties use and the other half to the informer And the Lord Thesaurer and Thesaurer deput are hereby requyred to appoynt sufficient honest men to be found at the respective ports of this Kingdome or Royall Brughs next adjacent therto for takeing of the said oaths and that they take bond and sufficient Cautione for each of the persons so appoynted under the pain of sex thousand pounds scots That the shall not suffer any merchant or skipper to use trade or merchandize with any forraigne Kingdome or natione before they have taken the said oaths and shall doe their outmost endeavour for discoverie and seizure of all money carried out of the Kingdome They shall give speedie and tymeous nottice of ther informatione to the said Lord Thesaurer or Thesaurer deput The one Half of the said sum of sex thousand pound in case of failzie to be for his majesties use and the other half to be given to The delator, and to be further lyable to sex moneths imprisonment for breach of their trust And sicklyke the Lord Thesaurer principall and Thesaurer deput are Hereby requyred to Cause4 the Fermerers and Collectors of the Custome and keepers of the Cocquet to take ane oath That the said Fermerers and Collectors of the Custome shall use their outmost endeavours for the discoverie and seazure of all money comeing out of the Kingdome by sea or Land, either by merchant Skipper or by any other persone of whatsomever quality or degree except as is above excepted And that they shall not give warrand to any Skipper to receive a Cocquet unless they have received both from the Skipper and merchants in the ship Extracts of the respective oaths as said is and that the keepers of the Cocquets shall give noe Cocquet unless they have lykewayes received extracts of the oathes abovementioned, both from skipper and merchants and both Customers and keeper of the Cocquet to give bond with sufficient Cautione under such sums of money as the said Lord Thesaurer principall and Thesaurer Deput shall think fitt for fulfilling of the premisses And in case the said Fermerers Collectors and keepers of the Cocquet or other of them shall refuse to compear or compearing refuse or delay to take the oath and give their bond as aforesaid Then their tack Commissione, gift or any other Title by which they enjoy their said places to be void and null and they to Have incurred the sums and penalties contained in their respective bonds (The one Half thereof to be given to the informer or Delator) and to be further proceeded against as perjured persons Dischargeing Hereby all granting of Licences for exporting of money; excepting to such persons allenarly as shall make faith in Exchequer or these appoynted by the Lord Thesaurer or Thesaurer deput and give sufficient bond That the money which they are to carrie out, is to be bestowed on timber in Norway or in ordor for bringing in victuall in tyme of extream dearth and that they shall returne in specie what part of the money shall not be so bestowed.

At Edinburgh thursday the tuentie eight day of November Jaj vjc nynty and fyve years

A1695/11/321

Act

Act against Exportatione of money furth of the Kingdome

The Estates of parliament Considering how much the Kingdome is impoverished by the daylie exportatione of money furth of the same; And that the makeing use of our native Commodities for furnishing us with these things which formerly were brought to us from forraigne places, is, by the Commendable industrie of several deserveing Countreymen and ingenious artists much improved and that in ordor to their incouragement and that our native Commodities may goe the better off Necessar it is that some more severe restraint then formerly be laid upon the exportatione of money Therfore the Kings majestie with advyse and consent of his Estates of parliament statutes and ordains That noe persone or persons whatsomever, shall trade or use merchandize with any other natione Till first they take ane oath before the Lord Thesaurer or Thesaurer Deput, or before such persones as they shall appoynt for that effect That they shall not export by themselves or others directly or indirectly2 by sea or Land any gold or silver coyned or uncoyned except such a sum as they shall declare upon oath before the said Lord Thesaurer Thesaurer deput or these appoynted by them as said is to be necessary for making of their voyage to the port where they are goeing And that if he Know any money transported by any other persone He shall declare the same to the Lord Thesaurer principall or deput or to the foresaid persons appoynted by them as lykewayes every skipper shall before he make any voyage after the3 publicatione Hereof to any other Kingdome or natione take ane oath before the said Lord Thesaurer or Thesaurer deput or these appoynted by them for that effect That He shall not himself transport nor suffer any gold or silver coyned or uncoyned (except as is above excepted and except the sum of threescoir pounds at most which every passanger is hereby allowed to Carrie furth of the Countrey for his necessary spending) to be transported in the ship wherein he is master and that he shall use his outmost endeavour for discoverie of the same if any be and that if after he hath made saill it shall come to his knowledge That there is any money concealled in his Ship or in any other Ship He shall at his returne delate the same to the Lord Thesaurer principall or deput or those appoynted by them for that effect And which persons appoynted by them are Hereby requyred To give tymeous nottice thereof to the said Lord Thesaurer or Thesaurer deput under the penalty of the Half of the money informed to have been transported and sicklyke the said oathes shall be renewed and taken before the said Lord Thesaurer or deput or these appoynted by them as said is by all skippers and merchants at the makeing of every particular voyage and both the said oathes shall be subscryved by the respective parties and insert in the books of Exchaquer or in the books of these persones appoynted by the Lord Thesaurer deput for that effect For which extracts they shall pay to the keepers of these Registers tuelve shilling scots allenarly The one therof to be carried to the Customer and insert in their books gratis The other to the Keeper of the Cocquet and insert in his books gratis And it’s furder status and ordained that in case any merchant or Skipper shall after the publicatione Hereof, Trade with or many any voyage to any other Kingdome or natione, before the takeing of the said oaths and productione therof to the Customer of the Cocquet That they shall forfeitt the fyfth part of their moveables and be incapable, the merchant of all tradeing and the Shipper of haveing any charge of any ship within this Kingdome in all tyme comeing Provyded alwayes that the takeing of the oaths abovementioned shall be without prejudice of search for or seizure of any exported money and if any gold or silver coyned or uncoyned shall after publicatione Hereof be discovered carrying out of the Kingdome by any persone who hath taken the said oath, The same not only to be confiscat but the persone or persons owners thereof to be proceeded against as perjured persones and furder lyable to sex moneths imprisonment as also it is hereby declared That notwithstanding the said oaths, if it shall be at any tyme therafter be Legallie proven money hath been carried out of the Kingdome by the persons takers of the said oath The said persons shall be proceeded against as perjured persones and by and attour be fyned in the value of the money exported And whatsoever money shall be discovered and seized upon the one half thereof to be for his majesties use and the other half to the informer And the Lord Thesaurer and Thesaurer deput are hereby requyred to appoynt sufficient honest men to be found at the respective ports of this Kingdome or Royall Brughs next adjacent therto for takeing of the said oaths and that they take bond and sufficient Cautione for each of the persons so appoynted under the pain of sex thousand pounds scots That the shall not suffer any merchant or skipper to use trade or merchandize with any forraigne Kingdome or natione before they have taken the said oaths and shall doe their outmost endeavour for discoverie and seizure of all money carried out of the Kingdome They shall give speedie and tymeous nottice of ther informatione to the said Lord Thesaurer or Thesaurer deput The one Half of the said sum of sex thousand pound in case of failzie to be for his majesties use and the other half to be given to The delator, and to be further lyable to sex moneths imprisonment for breach of their trust And sicklyke the Lord Thesaurer principall and Thesaurer deput are Hereby requyred to Cause4 the Fermerers and Collectors of the Custome and keepers of the Cocquet to take ane oath That the said Fermerers and Collectors of the Custome shall use their outmost endeavours for the discoverie and seazure of all money comeing out of the Kingdome by sea or Land, either by merchant Skipper or by any other persone of whatsomever quality or degree except as is above excepted And that they shall not give warrand to any Skipper to receive a Cocquet unless they have received both from the Skipper and merchants in the ship Extracts of the respective oaths as said is and that the keepers of the Cocquets shall give noe Cocquet unless they have lykewayes received extracts of the oathes abovementioned, both from skipper and merchants and both Customers and keeper of the Cocquet to give bond with sufficient Cautione under such sums of money as the said Lord Thesaurer principall and Thesaurer Deput shall think fitt for fulfilling of the premisses And in case the said Fermerers Collectors and keepers of the Cocquet or other of them shall refuse to compear or compearing refuse or delay to take the oath and give their bond as aforesaid Then their tack Commissione, gift or any other Title by which they enjoy their said places to be void and null and they to Have incurred the sums and penalties contained in their respective bonds (The one Half thereof to be given to the informer or Delator) and to be further proceeded against as perjured persons Dischargeing Hereby all granting of Licences for exporting of money; excepting to such persons allenarly as shall make faith in Exchequer or these appoynted by the Lord Thesaurer or Thesaurer deput and give sufficient bond That the money which they are to carrie out, is to be bestowed on timber in Norway or in ordor for bringing in victuall in tyme of extream dearth and that they shall returne in specie what part of the money shall not be so bestowed.

1. NRS, PC1/50, 274-7.

2. The phrase ‘or indirectly’ is an insertion.

3. Insertion.

4. The word ‘that’ inserted and scored out here.

1. NRS, PC1/50, 274-7.

2. The phrase ‘or indirectly’ is an insertion.

3. Insertion.

4. The word ‘that’ inserted and scored out here.

Proclamation, 28 November 1695, Edinburgh

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At Edinburgh thursday the tuentie eight day of November Jaj vjc nynty and fyve years

A1695/11/311

Proclamation

Proclamatione dischargeing the melting doune of Currant Coynes etc

The proclamatione afterinsert being read approven and signed was ordered to be recorded whereof the tenor followeth A Proclamatione dischargeing the melting doune of Currant Coyne, the passing of Cobbs or Clipt money except by weight and the exportatione of money furth of the Kingdome Jaj vjc nynty and fyve years William by the grace of God King of great Brittain France and Ireland Defender of the Faith To etc macers of our privy Councill messengers at armes our shirriffs in that part conjunctlly and severally specially constitut Greeting Forasmuch as, the melting doune of the species of money current in the Kingdome as Bullione, to be of new coined under the print of our irons, it is not only in itself unnecessary but a visible prejudice to the Common good of the Realme Therfore We with advyse of the Lords of our privy Councill Have thought fitt to ordaine and Hereby Ordains that none presume to melt doune any species of money at present Currant within the Kingdome whether forraigne or not, to be brought to our mint, as Bullion to be of new coined And that the general master of our mint, receive noe such species of money from any persone as bullion to be coined of new: And farder that when any plate or lignets of silver, shall be brought into our mint and presented as Bullione That they first take the presenters and owners oath That the said plate or Lignets are not melted doune and made by themselves or their procurement, directly or indorectly of any of the foresaid species of currant money Certifieing the said generall master and other officers of our mint, That if they failzie in the premisses either by takeing of the foresaid species of currant Coin for bullion, or of any Lignets or other plate without exacting of the foresaid oath and the owner and presenter their purgeing themselves thereby as said is, it shall be reckoned as a malversatione on the part of our said generall master and other officers of the mint importing Tinsall of their respective offices And because that notwithstanding of the proclamatione alreadie emitted anent the passing of english clipt money the foresaid abuse of Clipping as to other species doth still continow Therfore We with advyse foresaid doe Hereby prohibite all Ryalls commonly called Cobbs, and their fractions to pass other wayes then by weight declareing the full weight of the ryall or cobb to be fourteen drop and so furth of their halfs quarters and other fractions, as also that noe clipt money whatsomever pass currant except by weight as said is, that is by it’s true and Lawfull weight, if it were not clipt and that there be noe abuse by melting doune of the said clipt money to be bullion on pretence that it’s clipt and not Currant We doe furder requyr and Command the Generall master and other officers of the Mint to receive noe Lignets pretended to be melted doune of the foresaid light Cobbs or their fractions or other clipt money for bullione, may bring in the same in specie to our mint and noe otherwise Lykeas the foresaid officers of our mint are hereby enjoyned to take tryall, That the said Cobbs and their fractions offered for bullione be light or otherwayes that they doe not receive them and that under the Certificatione abovementioned And because the stock of money of the Kingdome is at present greatly impaird by men’s presumeing to export gold or silver furth of the same contrary to the Lawes and acts of parliament made thereanent Therfore and to the effect none pretend ignorance We with advyce foresaid ordaine the act of parliament Jaj vjc sexty and three intituled act against the Exportatione of money furth of the Kingdome whereof the tenor is hereunto subjoyned to be put to doe and punctuall executione in the whole heads and Clauses thereof with all expeditione and strictness Our will is Herefore and we charge you strictly and command That incontinent thir our Letters seen ye pass to the marcat Cross of Edinburgh and to the marcat Crosses of the haill head burghs of the severall shyres and stueartries within this Kingdome And there in our name and authority by open proclamatione make publicatione hereof that none pretend ignorance Given under our Signet At Edinburgh the tuenty eight day of November and of our Reigne the seventh year Jaj vjc nynty and fyve years sic subscribitur Tweddale cancel Southerland Forfar Tarbat Carmichaell James Stueart Adam Cockburne W Anstruther Archibald Murray

At Edinburgh thursday the tuentie eight day of November Jaj vjc nynty and fyve years

A1695/11/311

Proclamation

Proclamatione dischargeing the melting doune of Currant Coynes etc

The proclamatione afterinsert being read approven and signed was ordered to be recorded whereof the tenor followeth A Proclamatione dischargeing the melting doune of Currant Coyne, the passing of Cobbs or Clipt money except by weight and the exportatione of money furth of the Kingdome Jaj vjc nynty and fyve years William by the grace of God King of great Brittain France and Ireland Defender of the Faith To etc macers of our privy Councill messengers at armes our shirriffs in that part conjunctlly and severally specially constitut Greeting Forasmuch as, the melting doune of the species of money current in the Kingdome as Bullione, to be of new coined under the print of our irons, it is not only in itself unnecessary but a visible prejudice to the Common good of the Realme Therfore We with advyse of the Lords of our privy Councill Have thought fitt to ordaine and Hereby Ordains that none presume to melt doune any species of money at present Currant within the Kingdome whether forraigne or not, to be brought to our mint, as Bullion to be of new coined And that the general master of our mint, receive noe such species of money from any persone as bullion to be coined of new: And farder that when any plate or lignets of silver, shall be brought into our mint and presented as Bullione That they first take the presenters and owners oath That the said plate or Lignets are not melted doune and made by themselves or their procurement, directly or indorectly of any of the foresaid species of currant money Certifieing the said generall master and other officers of our mint, That if they failzie in the premisses either by takeing of the foresaid species of currant Coin for bullion, or of any Lignets or other plate without exacting of the foresaid oath and the owner and presenter their purgeing themselves thereby as said is, it shall be reckoned as a malversatione on the part of our said generall master and other officers of the mint importing Tinsall of their respective offices And because that notwithstanding of the proclamatione alreadie emitted anent the passing of english clipt money the foresaid abuse of Clipping as to other species doth still continow Therfore We with advyse foresaid doe Hereby prohibite all Ryalls commonly called Cobbs, and their fractions to pass other wayes then by weight declareing the full weight of the ryall or cobb to be fourteen drop and so furth of their halfs quarters and other fractions, as also that noe clipt money whatsomever pass currant except by weight as said is, that is by it’s true and Lawfull weight, if it were not clipt and that there be noe abuse by melting doune of the said clipt money to be bullion on pretence that it’s clipt and not Currant We doe furder requyr and Command the Generall master and other officers of the Mint to receive noe Lignets pretended to be melted doune of the foresaid light Cobbs or their fractions or other clipt money for bullione, may bring in the same in specie to our mint and noe otherwise Lykeas the foresaid officers of our mint are hereby enjoyned to take tryall, That the said Cobbs and their fractions offered for bullione be light or otherwayes that they doe not receive them and that under the Certificatione abovementioned And because the stock of money of the Kingdome is at present greatly impaird by men’s presumeing to export gold or silver furth of the same contrary to the Lawes and acts of parliament made thereanent Therfore and to the effect none pretend ignorance We with advyce foresaid ordaine the act of parliament Jaj vjc sexty and three intituled act against the Exportatione of money furth of the Kingdome whereof the tenor is hereunto subjoyned to be put to doe and punctuall executione in the whole heads and Clauses thereof with all expeditione and strictness Our will is Herefore and we charge you strictly and command That incontinent thir our Letters seen ye pass to the marcat Cross of Edinburgh and to the marcat Crosses of the haill head burghs of the severall shyres and stueartries within this Kingdome And there in our name and authority by open proclamatione make publicatione hereof that none pretend ignorance Given under our Signet At Edinburgh the tuenty eight day of November and of our Reigne the seventh year Jaj vjc nynty and fyve years sic subscribitur Tweddale cancel Southerland Forfar Tarbat Carmichaell James Stueart Adam Cockburne W Anstruther Archibald Murray

1. NRS, PC1/50, 272-3.

1. NRS, PC1/50, 272-3.

Sederunt, 28 November 1695, Edinburgh

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At Edinburgh thursday the tuentie eight day of November Jaj vjc nynty and fyve years1

A1695/11/302

Sederunt

Lord Chancellour; Earl of Southerland; Earl of Forfar; Viscount Tarbat; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Lord Anstruther; Laird of Blackbarrony

At Edinburgh thursday the tuentie eight day of November Jaj vjc nynty and fyve years1

A1695/11/302

Sederunt

Lord Chancellour; Earl of Southerland; Earl of Forfar; Viscount Tarbat; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Lord Anstruther; Laird of Blackbarrony

1. NRS, PC1/50, 271.

2. NRS, PC1/50, 272.

1. NRS, PC1/50, 271.

2. NRS, PC1/50, 272.

Acts, 26 November 1695, Edinburgh

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At Edinburgh tuesday the tuenty sexth day of November Jaj vjc nynty and fyve years

A1695/11/291

Acts

Act and Recomendatione Captain Haly Spence

Anent the petitione given in to the Lords of his majesties privy Councill by Captain Haly Spence Baillie of Stoalla in Orknay Shewing That about the tyme of the Late happy revolutione out of the petitioners zeall to his majesties interest and service He was amongst the first in Orknay that ouned his majesties Government and severall tymes exposed his persone to hazard for the defence thereof Particularly in June Jaj vjc nynty and four years when the Countrey was lyke to be invaded by Frenches He haveing a Commissione from Collonell Robert Elphingston of Lopnes conveened about ane Hundred and tuenty men and upon his owne propper Charges furnished drums Collours severall guns swords and amunitione and marched with them to Holme where the French Privateers were then lyeing to oppose their Landing men and remained there for severall dayes, and helped to beat them of and saved the Countrey from their Rapine who endeavoured to Land men to plunder robb and distroy the same And further upon all occasiones ever since the revolutione He and his Companie were still the first that were called and have keept guaird in Kirkwall for severall nights all which appears by a declaratione under the Hand of Collonell Robert Elphingstoune and ane other under the Hand of Captain Waddell then present in that Countrey produced with the forsaid petitione Notwithstanding of which services done to King and Countrey He never received so much as reimbursement of his necessar and vast expences and would still be Loath to trouble the said Lords if the straits of his numerous familey did not press him very sore He haveing a wyfe and sexteen Children of whom tuelve are under fourteen years of age and one of2 his eldest sons is in his Majesties Service and seing the said petitioner hes been at great charges and expenses upon the foresaid accompts and that He and his poor wyfe and numerous familey are rendered very desolate and in great want and that the petitioner is still resolved to imploy all the strenth and interest that God shall be pleased to allow Him for his Majesties service and Government as occasione shall offer And therfore Humblie Craveing in maner and to the effect aftermentioned as the said petitione at lenth bears The Lords of his majesties privy councill haveing considered the foresaid petitione given in to them by the said Captain Hary Spence They Hereby recomend to the Lords Commissioners of his majesties Thesaurie To cause payment be made to the said petitioner of the sum of fourty pound sterline for the present supply of his numerous familey and small Children And recomends to his sacred majestie to allow to the said petitioner such yearlie pensione for maintainance of himself and numerous familey as his majestie in his royall wisdome and bountifull Compassione shall think fitt.

At Edinburgh tuesday the tuenty sexth day of November Jaj vjc nynty and fyve years

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Acts

Act and Recomendatione Captain Haly Spence

Anent the petitione given in to the Lords of his majesties privy Councill by Captain Haly Spence Baillie of Stoalla in Orknay Shewing That about the tyme of the Late happy revolutione out of the petitioners zeall to his majesties interest and service He was amongst the first in Orknay that ouned his majesties Government and severall tymes exposed his persone to hazard for the defence thereof Particularly in June Jaj vjc nynty and four years when the Countrey was lyke to be invaded by Frenches He haveing a Commissione from Collonell Robert Elphingston of Lopnes conveened about ane Hundred and tuenty men and upon his owne propper Charges furnished drums Collours severall guns swords and amunitione and marched with them to Holme where the French Privateers were then lyeing to oppose their Landing men and remained there for severall dayes, and helped to beat them of and saved the Countrey from their Rapine who endeavoured to Land men to plunder robb and distroy the same And further upon all occasiones ever since the revolutione He and his Companie were still the first that were called and have keept guaird in Kirkwall for severall nights all which appears by a declaratione under the Hand of Collonell Robert Elphingstoune and ane other under the Hand of Captain Waddell then present in that Countrey produced with the forsaid petitione Notwithstanding of which services done to King and Countrey He never received so much as reimbursement of his necessar and vast expences and would still be Loath to trouble the said Lords if the straits of his numerous familey did not press him very sore He haveing a wyfe and sexteen Children of whom tuelve are under fourteen years of age and one of2 his eldest sons is in his Majesties Service and seing the said petitioner hes been at great charges and expenses upon the foresaid accompts and that He and his poor wyfe and numerous familey are rendered very desolate and in great want and that the petitioner is still resolved to imploy all the strenth and interest that God shall be pleased to allow Him for his Majesties service and Government as occasione shall offer And therfore Humblie Craveing in maner and to the effect aftermentioned as the said petitione at lenth bears The Lords of his majesties privy councill haveing considered the foresaid petitione given in to them by the said Captain Hary Spence They Hereby recomend to the Lords Commissioners of his majesties Thesaurie To cause payment be made to the said petitioner of the sum of fourty pound sterline for the present supply of his numerous familey and small Children And recomends to his sacred majestie to allow to the said petitioner such yearlie pensione for maintainance of himself and numerous familey as his majestie in his royall wisdome and bountifull Compassione shall think fitt.

1. NRS, PC1/50, 270-1.

2. The word ‘my’ scored out here.

1. NRS, PC1/50, 270-1.

2. The word ‘my’ scored out here.

Order, 26 November 1695, Edinburgh

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Order

Continuatione of the Duke of Gordon’s Confynment

The Lords of his Majesties privy Councill Considering that the Duke of Gordon is at Liberty by his majesties Command upon baill of tuo thousand pound sterline That He shall remaine confyned within the toune of Edinburgh and four myles about the same and reenter the Castle of Edinburgh upon the first of december next and in the meantyme to live peaceablie They Hereby continow his Grace’s confynment untill the first day of January Jaj vjc nynty and sex years In respect he hes given new bond and found the Earle of Forfar and the Viscount of Kenmuir Cautioners in the first bond Cautioners therein That He shall remaine Confyned within the toune of Edinburgh and four myles about the same and not goe without the bounds of his confynement And that He shall reenter his persone prisoner within the Castle of Edinburgh upon the said first day of January Jaj vjc nynty and sex years And in the meantyme That He shall live peaceably within the bounds of his said Confynement And that He shall live peaceably under and with all submisione to the present Government of his majestie King William and that He shall not act consult nor contryve any thing in prejudice thereof nor converse or correspond with any Rebells and that He shall appear before the said Lords when called for under the penalty of two thousand pound sterling in case He shall transgress in any pairt of the premisses and upon2 Recept of this new bond appoynts the former to be given up.

At Edinburgh tuesday the tuenty sexth day of November Jaj vjc nynty and fyve years

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Order

Continuatione of the Duke of Gordon’s Confynment

The Lords of his Majesties privy Councill Considering that the Duke of Gordon is at Liberty by his majesties Command upon baill of tuo thousand pound sterline That He shall remaine confyned within the toune of Edinburgh and four myles about the same and reenter the Castle of Edinburgh upon the first of december next and in the meantyme to live peaceablie They Hereby continow his Grace’s confynment untill the first day of January Jaj vjc nynty and sex years In respect he hes given new bond and found the Earle of Forfar and the Viscount of Kenmuir Cautioners in the first bond Cautioners therein That He shall remaine Confyned within the toune of Edinburgh and four myles about the same and not goe without the bounds of his confynement And that He shall reenter his persone prisoner within the Castle of Edinburgh upon the said first day of January Jaj vjc nynty and sex years And in the meantyme That He shall live peaceably within the bounds of his said Confynement And that He shall live peaceably under and with all submisione to the present Government of his majestie King William and that He shall not act consult nor contryve any thing in prejudice thereof nor converse or correspond with any Rebells and that He shall appear before the said Lords when called for under the penalty of two thousand pound sterling in case He shall transgress in any pairt of the premisses and upon2 Recept of this new bond appoynts the former to be given up.

1. NRS, PC1/50, 270.

2. One illegible word scored out here.

1. NRS, PC1/50, 270.

2. One illegible word scored out here.

Act, 26 November 1695, Edinburgh

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Act

Act for Æneas Mcphersone to the Thesaurie

Anent the petitione given in to the Lords of his Majesties privy Councill by Sir Æneas Mcphersone Advocat Shewing that their Lordships petitioner being in anno Jaj vjc nynty and one years legallie discharged of a Long and tedious imprisonment He did furthwith goe to England and was so unwilling to give the Least offence or ground of suspicione to the Government That he resolved with the first conveniencie to goe to America and Haveing used more then ordinary dilligence to find out some favorable opportunity The said petitioner at lenth entred in contract with a Citizen of London of great quality and substance by which he was to goe to Ponsilvania and Barbadose as Factor to the said Citizen to take possessione in his name of ane Estate of fiftie thousand pound sterline value fell to him in those Countreys by decease of his father and for which by the express conceptione of the foresaid Contract signed sealled and delivered The petitioner had ane Hundred and fifty pound of yearly pensione dureing his aboad and three thousand pound when possest of his Constituents estate by vertue of his ordor But after the petitioner had in all things fitted himself for his voyage and put his goods aboard the good ship called the London The very week the said petitioner was readie to sett saille He was seized and made prisoner by ordor of Sir John Tunchurd upon suspicion of secret practises against the Government and that the said petitioner was goeing to France as was then maliciously suspected by some of his enemies But notwithstanding the foresaid contract was found amongst the petitioners papers the tyme he was seized (which per se was sufficient to evacuat these groundless Calumnies) and that the petitioner Had in Course of Law taken out a habeas corpus yet upon a new representation to the Late Queen (2the King being in Flanders That ther was a lybell of high treasone raised and served against the petitioner in this Countrey at the instance of his majesties advocat The petitioners habeas Corpus bill was stopt and he himself sent prisoner to Scotland aboard one of his majesties ships of warr whereby the said petitioner hes not only endured a long and griveous imprisonment as it was well know’n to the said Lords but is lykewayes disappoynted of a fyne and Creditable opportunity he had to make his fortune and provyde for his numerous familey and therfore humblie Craveing in maner and to the effect aftermentioned as the said petition bears The Lords of his majesties privy Councill haveing considered the said petitione given in to them by the above named Sir Æneas Mcphersone They hereby recomend to the Lords Commissioners of his Majesties Thesaurie To cause payment be made to the said petitioner of the sum of thretty pound sterline of his majesties Charity as a viatick for transporting himself and his familey to some forraigne Countrey In respect the said petitioner hes inacted himself in the books of privy Councill That he shall depairt furth of his majesties Dominions to some forraigne Countrey how soone soever he shall receive the foresaid money and not returne againe within the same without the King or Councills Licence for that effect

At Edinburgh tuesday the tuenty sexth day of November Jaj vjc nynty and fyve years

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Act

Act for Æneas Mcphersone to the Thesaurie

Anent the petitione given in to the Lords of his Majesties privy Councill by Sir Æneas Mcphersone Advocat Shewing that their Lordships petitioner being in anno Jaj vjc nynty and one years legallie discharged of a Long and tedious imprisonment He did furthwith goe to England and was so unwilling to give the Least offence or ground of suspicione to the Government That he resolved with the first conveniencie to goe to America and Haveing used more then ordinary dilligence to find out some favorable opportunity The said petitioner at lenth entred in contract with a Citizen of London of great quality and substance by which he was to goe to Ponsilvania and Barbadose as Factor to the said Citizen to take possessione in his name of ane Estate of fiftie thousand pound sterline value fell to him in those Countreys by decease of his father and for which by the express conceptione of the foresaid Contract signed sealled and delivered The petitioner had ane Hundred and fifty pound of yearly pensione dureing his aboad and three thousand pound when possest of his Constituents estate by vertue of his ordor But after the petitioner had in all things fitted himself for his voyage and put his goods aboard the good ship called the London The very week the said petitioner was readie to sett saille He was seized and made prisoner by ordor of Sir John Tunchurd upon suspicion of secret practises against the Government and that the said petitioner was goeing to France as was then maliciously suspected by some of his enemies But notwithstanding the foresaid contract was found amongst the petitioners papers the tyme he was seized (which per se was sufficient to evacuat these groundless Calumnies) and that the petitioner Had in Course of Law taken out a habeas corpus yet upon a new representation to the Late Queen (2the King being in Flanders That ther was a lybell of high treasone raised and served against the petitioner in this Countrey at the instance of his majesties advocat The petitioners habeas Corpus bill was stopt and he himself sent prisoner to Scotland aboard one of his majesties ships of warr whereby the said petitioner hes not only endured a long and griveous imprisonment as it was well know’n to the said Lords but is lykewayes disappoynted of a fyne and Creditable opportunity he had to make his fortune and provyde for his numerous familey and therfore humblie Craveing in maner and to the effect aftermentioned as the said petition bears The Lords of his majesties privy Councill haveing considered the said petitione given in to them by the above named Sir Æneas Mcphersone They hereby recomend to the Lords Commissioners of his Majesties Thesaurie To cause payment be made to the said petitioner of the sum of thretty pound sterline of his majesties Charity as a viatick for transporting himself and his familey to some forraigne Countrey In respect the said petitioner hes inacted himself in the books of privy Councill That he shall depairt furth of his majesties Dominions to some forraigne Countrey how soone soever he shall receive the foresaid money and not returne againe within the same without the King or Councills Licence for that effect

1. NRS, PC1/50, 268-70.

2. Closing bracket missing.

1. NRS, PC1/50, 268-70.

2. Closing bracket missing.

Act, 26 November 1695, Edinburgh

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Act

Act George Cumine

Anent the petitione given in to the Lords of his Majesties privy Councill by George Cumeing prisoner in the Tolbooth of Edinburgh Shewing That where he being indicted at the instance of his majesties Advocat and Captaine Stevensone one of the Captains in the Lord Lindsays Regiment for the Slaughter of Patrick Falconer ane Irishman a Souldier in the said Captains company And the indictment being found relevant and admitted to probatione the petitioner was found guilty by the assyse of manslaughter and thereupon received the sentance of death to be execute the eighteen day of December next as to which he Humbly represents with all due submissione to the Sentance That the true matter of fact was That he and the three young men his Comerads returning from the Countery in the beginning of September Last, when2 they came to the West Port about nyne of cloak at night the petitioner stept asyde to call for his cloak at a house where he had Left it when he went out of Toune And his three Comerads waiting for him on the street Three Souldiers (3whereof the said Patrick Falconer was one passed by them and being by them asked what a cloak it was he heared them answere his Comerads rudelie upon which the petitioner gave the souldiers some opprobrious words, which (far by his designe) did so irritate them That two of them immediatlie drew their Baganots and passing by the said petitioners three Comerads with their baganots drawn advanced towards the petitioner which moved him when they were within the lenth of his sword to draw the same and so we were engadged till one of his Comerads came up and disarmed one of the Souldiers But Falconer the defunct continowing to assault the said petitioner till He received many blows and halks yet to be seen upon the small sword he had in his hand he received a wound in the bodie and dyed the next day By all which it is evident that what happned was so far from any precogitate malice that he had not so much as the least knowledge of the persone And though in the petitioners unhappy folly he might have uttered some ill words too usuall on such occasiones yet it was a hard unequall and violent returne to come upon the petitioner standing out of the way in the night seasone with two drawn baganots and that if the defunct had not been obstinat in attacking4 petitioners lyfe his lyfe had never suffered But acknowledging in the first place the righteous judgement of God and professing againe all due submissione to the sentance past against him he is far from makeing any defence but doe intirely throw himself upon the said Lords gratious and equitable compassione The petitioner is a young man whose former lyfe and way was never knowen to be offensive and the rise of this quarrell was only unfortunate folly and the circumstances of his case were so convinceing even to Captaine Stevensone and the rest of the officers of the Regement That the Captain went to his majesties Advocat before the tryall and consented for his part the dyet should be deserted And the petitioner is perswaded That his majesties Advocat5 Thought that a matter of blood could not be past without a Tryall yet both he and the Lords of Justiciary and his assysers are fully satisfied that the petitioners Case and circumstances deserve the mitigatione of their Lordships Compassion and therfore humbly Craveing in maner and to the effect aftermentioned as the said petitione bears The Lords of his majesties privy Councill haveing considered the said petitione given in to them by the said George Cumeing with another petitione given in to them by the said Captaine Robert Hamilton Captaine in Collonell John Buchans Regiment in Flanders with the said George Cuming his consent wryten upon the said petitione They Hereby change the sentence of death pronounced by the Lord Justice Clerk and Lords Commissioners of Justiciary against the said George into Banishment and the said Lords doe Hereby banish the said George Cuming furth of this Kingdome And ordaines the magistrats of Edinburgh and keeper of their Tolbooth to sett the said George furth thereof and delyver him to the said Captaine Robert Hamilton to be carried aboard by him as a Souldier in his majesties service upon the Captaines recept of him and discharges the magistrats of Edinburgh and all others quhomsoever from putting the foresaid sentance of death into executione against the said George In respect the said George Coming hes enacted himself in the books of privy Councill That He shall depart furth of his majesties Dominions and shall goe aboard with the said Captaine Hamilton as a souldier in his majesties service and that he shall never returne within his majesties dominions under the paine of haveing the former sentance of death put to executione against him without mercie sic subscribitur Twerdale Southerland Forfar Tarbat Carmichaell6 James Stueart John Lauder Adam Cockburne W Anstruther Archibald Murray.

At Edinburgh tuesday the tuenty sexth day of November Jaj vjc nynty and fyve years

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Act

Act George Cumine

Anent the petitione given in to the Lords of his Majesties privy Councill by George Cumeing prisoner in the Tolbooth of Edinburgh Shewing That where he being indicted at the instance of his majesties Advocat and Captaine Stevensone one of the Captains in the Lord Lindsays Regiment for the Slaughter of Patrick Falconer ane Irishman a Souldier in the said Captains company And the indictment being found relevant and admitted to probatione the petitioner was found guilty by the assyse of manslaughter and thereupon received the sentance of death to be execute the eighteen day of December next as to which he Humbly represents with all due submissione to the Sentance That the true matter of fact was That he and the three young men his Comerads returning from the Countery in the beginning of September Last, when2 they came to the West Port about nyne of cloak at night the petitioner stept asyde to call for his cloak at a house where he had Left it when he went out of Toune And his three Comerads waiting for him on the street Three Souldiers (3whereof the said Patrick Falconer was one passed by them and being by them asked what a cloak it was he heared them answere his Comerads rudelie upon which the petitioner gave the souldiers some opprobrious words, which (far by his designe) did so irritate them That two of them immediatlie drew their Baganots and passing by the said petitioners three Comerads with their baganots drawn advanced towards the petitioner which moved him when they were within the lenth of his sword to draw the same and so we were engadged till one of his Comerads came up and disarmed one of the Souldiers But Falconer the defunct continowing to assault the said petitioner till He received many blows and halks yet to be seen upon the small sword he had in his hand he received a wound in the bodie and dyed the next day By all which it is evident that what happned was so far from any precogitate malice that he had not so much as the least knowledge of the persone And though in the petitioners unhappy folly he might have uttered some ill words too usuall on such occasiones yet it was a hard unequall and violent returne to come upon the petitioner standing out of the way in the night seasone with two drawn baganots and that if the defunct had not been obstinat in attacking4 petitioners lyfe his lyfe had never suffered But acknowledging in the first place the righteous judgement of God and professing againe all due submissione to the sentance past against him he is far from makeing any defence but doe intirely throw himself upon the said Lords gratious and equitable compassione The petitioner is a young man whose former lyfe and way was never knowen to be offensive and the rise of this quarrell was only unfortunate folly and the circumstances of his case were so convinceing even to Captaine Stevensone and the rest of the officers of the Regement That the Captain went to his majesties Advocat before the tryall and consented for his part the dyet should be deserted And the petitioner is perswaded That his majesties Advocat5 Thought that a matter of blood could not be past without a Tryall yet both he and the Lords of Justiciary and his assysers are fully satisfied that the petitioners Case and circumstances deserve the mitigatione of their Lordships Compassion and therfore humbly Craveing in maner and to the effect aftermentioned as the said petitione bears The Lords of his majesties privy Councill haveing considered the said petitione given in to them by the said George Cumeing with another petitione given in to them by the said Captaine Robert Hamilton Captaine in Collonell John Buchans Regiment in Flanders with the said George Cuming his consent wryten upon the said petitione They Hereby change the sentence of death pronounced by the Lord Justice Clerk and Lords Commissioners of Justiciary against the said George into Banishment and the said Lords doe Hereby banish the said George Cuming furth of this Kingdome And ordaines the magistrats of Edinburgh and keeper of their Tolbooth to sett the said George furth thereof and delyver him to the said Captaine Robert Hamilton to be carried aboard by him as a Souldier in his majesties service upon the Captaines recept of him and discharges the magistrats of Edinburgh and all others quhomsoever from putting the foresaid sentance of death into executione against the said George In respect the said George Coming hes enacted himself in the books of privy Councill That He shall depart furth of his majesties Dominions and shall goe aboard with the said Captaine Hamilton as a souldier in his majesties service and that he shall never returne within his majesties dominions under the paine of haveing the former sentance of death put to executione against him without mercie sic subscribitur Twerdale Southerland Forfar Tarbat Carmichaell6 James Stueart John Lauder Adam Cockburne W Anstruther Archibald Murray.

1. NRS, PC1/50, 266-8.

2. The word ‘we’ scored out here.

3. Closing bracket missing.

4. The word ‘my’ scored out here.

5. The word ‘that’ scored out here.

6. The phrase ‘John Laud.’ scored out here

1. NRS, PC1/50, 266-8.

2. The word ‘we’ scored out here.

3. Closing bracket missing.

4. The word ‘my’ scored out here.

5. The word ‘that’ scored out here.

6. The phrase ‘John Laud.’ scored out here

Warrant, 26 November 1695, Edinburgh

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Warrant

Warrand to the Clerks of Councill to wryte to Mr Hamilton in Ireland anent the Ship belonging to Fort William

The Lords of his majesties privy Councill doe hereby appoynt any of their Clerks to wryte to Master William Hamilton wryter to the Signet presently at Ireland To cause put the Ship called the William and Mary which belonged to Fort William into the possessione of such of the seamen belonging to that ship as are in that place And ordor these seamen to saill the said Ship to Newport Glasgow and to get others joyned to them if they be not sufficient to saill it themselves There to lye till farder ordor And that the said Mr Hamilton take such security of these persons to whom the said Ship shall be Committed as they are able to give That they shall saill the said Ship to the said port and make her furthcomeing for the use of the said Garisone

At Edinburgh tuesday the tuenty sexth day of November Jaj vjc nynty and fyve years

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Warrant

Warrand to the Clerks of Councill to wryte to Mr Hamilton in Ireland anent the Ship belonging to Fort William

The Lords of his majesties privy Councill doe hereby appoynt any of their Clerks to wryte to Master William Hamilton wryter to the Signet presently at Ireland To cause put the Ship called the William and Mary which belonged to Fort William into the possessione of such of the seamen belonging to that ship as are in that place And ordor these seamen to saill the said Ship to Newport Glasgow and to get others joyned to them if they be not sufficient to saill it themselves There to lye till farder ordor And that the said Mr Hamilton take such security of these persons to whom the said Ship shall be Committed as they are able to give That they shall saill the said Ship to the said port and make her furthcomeing for the use of the said Garisone

1. NRS, PC1/50, 266.

1. NRS, PC1/50, 266.