Act, 9 November 1693, Edinburgh

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Act

Liberatione Greirson of Lagg and uthers

The Lords of their Majesties privie Councell Doe heirby Recommend to the Earle of Leven Governour of the Castle of Edinburgh And in his absence Gives ordor and uarrand to the nixt Commanding officer ther To sett at Liberty furth therof Collonell […] Blalfour of Fairnie And lykewayes Gives ordor and uarrand to the Magistrats of Edinburgh Baillies of the Cannongate and Keeper of their tolbooth To sett at Liberty furth of the tolbooth of the Cannongate William Hamilton of Orbiestoune Thomas Mcdugall of McCarstoune Sir Robert Greirsone of Lagg and Archibald Kerr of Gredden All which persones Having been requyred to take the oath of alleadgance and assurance And having refuised the same were fyned each of them in a years valued rent and Committed prisoners for not Giving bond and finding Cautione for the same in the termes of the Act of privy Councell of the date the tuenty second day of June Last In respect The saids persones before their Liberatione Have Given bond and found sufficient Cautione acted in the books of privy Councell for their saids fynes In the termes of the above Act of Councell The terme of payment of which bonds is to be Candlemes nixt

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Act

Liberatione Greirson of Lagg and uthers

The Lords of their Majesties privie Councell Doe heirby Recommend to the Earle of Leven Governour of the Castle of Edinburgh And in his absence Gives ordor and uarrand to the nixt Commanding officer ther To sett at Liberty furth therof Collonell […] Blalfour of Fairnie And lykewayes Gives ordor and uarrand to the Magistrats of Edinburgh Baillies of the Cannongate and Keeper of their tolbooth To sett at Liberty furth of the tolbooth of the Cannongate William Hamilton of Orbiestoune Thomas Mcdugall of McCarstoune Sir Robert Greirsone of Lagg and Archibald Kerr of Gredden All which persones Having been requyred to take the oath of alleadgance and assurance And having refuised the same were fyned each of them in a years valued rent and Committed prisoners for not Giving bond and finding Cautione for the same in the termes of the Act of privy Councell of the date the tuenty second day of June Last In respect The saids persones before their Liberatione Have Given bond and found sufficient Cautione acted in the books of privy Councell for their saids fynes In the termes of the above Act of Councell The terme of payment of which bonds is to be Candlemes nixt

1. NRS, PC1/49, 170-71.

1. NRS, PC1/49, 170-71.

Sederunt, 9 November 1693, Edinburgh

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Sederunt

Lord Chancellor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Viscount Tarbat; Viscount Stair; Lord Strathnaver; Lord Advocat; Lord Justice Clark; Lord Hattoune; Lord Funtainhall; Laird of Blackbarrony

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Sederunt

Lord Chancellor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Viscount Tarbat; Viscount Stair; Lord Strathnaver; Lord Advocat; Lord Justice Clark; Lord Hattoune; Lord Funtainhall; Laird of Blackbarrony

1. NRS, PC1/49, 170.

2. NRS, PC1/49, 170.

1. NRS, PC1/49, 170.

2. NRS, PC1/49, 170.

Act, 8 November 1693, Edinburgh

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Act

Liberatione The Master of Balmerino and Mr Hary Maull

The Lords of their Majesties privy Councell Doe Heirby Recommend to the Earle of Leven Governour of the castle of Edinburgh And in his absence Gives ordor and uarrand to the deputy Governour and nixt Commanding officer To sett at Liberty furth therof John Master of Balmerine and Mr Hary Maule of Kellie In respect they Have Given bond and found sufficient Cautione acted in the books of privie Counsell for payment of ane years valued rent wherin Each of them are fyned by a former Act of Councell of the tuenty second of Junij last In the termes of that Act betuixt and the terme of Candlemes nixt

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Act

Liberatione The Master of Balmerino and Mr Hary Maull

The Lords of their Majesties privy Councell Doe Heirby Recommend to the Earle of Leven Governour of the castle of Edinburgh And in his absence Gives ordor and uarrand to the deputy Governour and nixt Commanding officer To sett at Liberty furth therof John Master of Balmerine and Mr Hary Maule of Kellie In respect they Have Given bond and found sufficient Cautione acted in the books of privie Counsell for payment of ane years valued rent wherin Each of them are fyned by a former Act of Councell of the tuenty second of Junij last In the termes of that Act betuixt and the terme of Candlemes nixt

1. NRS, PC1/49, 170.

1. NRS, PC1/49, 170.

Proclamation, 8 November 1693, Edinburgh

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Proclamation

proclamatione for a solemn thanksgiving

The proclamatione underwrytten being red was approven and signed and ordored to be recorded And appoynted their Majesties sollicitor to wryte Letters uith the proclamtiones that if they come not tymously to hand the thanksgiving be observed upon the thursday after they come to hand Folloues the proclamatione
William and Mary By the Grace of God King and Queen of great Brittaine France and Ireland defenders of the faith To our Lyon King att armes and his brethreen heraulds Macers of our privie Counsell messengers at armes pursevants our shirreffs in that part conjunctly and sevearlly specially Constitut Greeting Forasmuchas we and all our Good subjects are in duty bound to returne praise and Glory to God by a day of solemn thanksgiving for his manifold blessings bestoued upon us and our kingdomes And particularly that he hath been pleased to preserve our royall persone from the many and Great daingers of uarr ue are necessarly exposed to for the defence and protectione of the protestant religione and our Government against the attempts and designes of all our Enemies during our last Campaigne in Flanders And to restore and bring back our royall persone in safety to our kingdome to the Great satisfactione and Joy of all our Good subjects And that also the Ministers assembled in the synod of Lothian and Tueeddale and such as Correspond uith them from severall other synods Have moved to the Lords of our privie Councell that a solemne day of publict thanksgiving may be sett apairt for the causes forsaids To be religiously observed throughout this our Antient kingdome Therfore we uith advyce of the Lords of our privy Councell doe appoynte and Command that the sixteenth day of november currant for2 all uithin the toun3 of Edinburgh and suburbs therof And the shyres of Edinburgh, Haddingtoune and Linlithgow The shirrefdome of Beruick and shyres off Fyffe Stirline Kinross and Clackmannan and the Tuenty third day of the said month for all the rest of this our antient kingdome To be religiously and devotely observed as a solemne day of publict Thanksgiving by all persones uithin this kingdome In all Churches and meeting Houses For Returning most Humble and Hearty thanks to almightie God for the signall blessings and delyverances already bestoued upon us and our poeple and to Implore the Increase and Continuance therof And that a divine presence uith a spirit of Councell and wisdome may direct and assist In all our Consultationes and undertakings at home and abroad in tyme Coming And to the effect our pleasure in the premisses may be knouen Our uill is Hierfore And ue Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercat cross of Edinburgh and remanent mercat crosses of the whole head burghs of the severall shyres and steuartries uithin this kingdome And ther In our name and authority make publicatione heirof that none may pretend Ignorance And ordaines our Sollicitor to Cause make Intimatione heirof to the Ministers uithin the toune of Edinburgh and suburbs by sending Coppies to them or any other way He thinks fitt And to Cause send Coppies heirof to the shirreffs of the severall shires and steuarts of the steuartries forsaids whom we ordaine to see the same published And appointes them to send dowbles therof to all Ministers in Churches and meeting Houses uithin their respective Jurisdictiones That upon the Lords day Immediatly preceeding the respective dayes forsaids The same may be Intimat and redd in Every paroch church and meeting house Certifying all such who shall Contemne and neglect soe religious and Important a duty as the thanksgiving heirby appoynted Is They shall be proceeded Against as punished as Contemners of our authority and as Highly disaffected to our persones and government And ordaines these presents to be printed Given under our signet at Edinburgh the Eighth day of november and of our Reigne the fifth year 1693 sic subscribitur Tueeddale cancel. Southerland Linlithgow Leven Forfar Strathnaver Rossh Beilhaven Carmichaell James Steuart Adam Cockburn T Livingstoune

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Proclamation

proclamatione for a solemn thanksgiving

The proclamatione underwrytten being red was approven and signed and ordored to be recorded And appoynted their Majesties sollicitor to wryte Letters uith the proclamtiones that if they come not tymously to hand the thanksgiving be observed upon the thursday after they come to hand Folloues the proclamatione
William and Mary By the Grace of God King and Queen of great Brittaine France and Ireland defenders of the faith To our Lyon King att armes and his brethreen heraulds Macers of our privie Counsell messengers at armes pursevants our shirreffs in that part conjunctly and sevearlly specially Constitut Greeting Forasmuchas we and all our Good subjects are in duty bound to returne praise and Glory to God by a day of solemn thanksgiving for his manifold blessings bestoued upon us and our kingdomes And particularly that he hath been pleased to preserve our royall persone from the many and Great daingers of uarr ue are necessarly exposed to for the defence and protectione of the protestant religione and our Government against the attempts and designes of all our Enemies during our last Campaigne in Flanders And to restore and bring back our royall persone in safety to our kingdome to the Great satisfactione and Joy of all our Good subjects And that also the Ministers assembled in the synod of Lothian and Tueeddale and such as Correspond uith them from severall other synods Have moved to the Lords of our privie Councell that a solemne day of publict thanksgiving may be sett apairt for the causes forsaids To be religiously observed throughout this our Antient kingdome Therfore we uith advyce of the Lords of our privy Councell doe appoynte and Command that the sixteenth day of november currant for2 all uithin the toun3 of Edinburgh and suburbs therof And the shyres of Edinburgh, Haddingtoune and Linlithgow The shirrefdome of Beruick and shyres off Fyffe Stirline Kinross and Clackmannan and the Tuenty third day of the said month for all the rest of this our antient kingdome To be religiously and devotely observed as a solemne day of publict Thanksgiving by all persones uithin this kingdome In all Churches and meeting Houses For Returning most Humble and Hearty thanks to almightie God for the signall blessings and delyverances already bestoued upon us and our poeple and to Implore the Increase and Continuance therof And that a divine presence uith a spirit of Councell and wisdome may direct and assist In all our Consultationes and undertakings at home and abroad in tyme Coming And to the effect our pleasure in the premisses may be knouen Our uill is Hierfore And ue Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercat cross of Edinburgh and remanent mercat crosses of the whole head burghs of the severall shyres and steuartries uithin this kingdome And ther In our name and authority make publicatione heirof that none may pretend Ignorance And ordaines our Sollicitor to Cause make Intimatione heirof to the Ministers uithin the toune of Edinburgh and suburbs by sending Coppies to them or any other way He thinks fitt And to Cause send Coppies heirof to the shirreffs of the severall shires and steuarts of the steuartries forsaids whom we ordaine to see the same published And appointes them to send dowbles therof to all Ministers in Churches and meeting Houses uithin their respective Jurisdictiones That upon the Lords day Immediatly preceeding the respective dayes forsaids The same may be Intimat and redd in Every paroch church and meeting house Certifying all such who shall Contemne and neglect soe religious and Important a duty as the thanksgiving heirby appoynted Is They shall be proceeded Against as punished as Contemners of our authority and as Highly disaffected to our persones and government And ordaines these presents to be printed Given under our signet at Edinburgh the Eighth day of november and of our Reigne the fifth year 1693 sic subscribitur Tueeddale cancel. Southerland Linlithgow Leven Forfar Strathnaver Rossh Beilhaven Carmichaell James Steuart Adam Cockburn T Livingstoune

1. NRS, PC1/49, 167-9.

2. The phrase ‘Haddingtoune and Linlithgow’ scored out here.

3. The word ‘shyre’ scored out here, and ‘toun’ is an insertion.

1. NRS, PC1/49, 167-9.

2. The phrase ‘Haddingtoune and Linlithgow’ scored out here.

3. The word ‘shyre’ scored out here, and ‘toun’ is an insertion.

Sederunt, 8 November 1693, Edinburgh

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Sederunt

Lord Chancellor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Viscount Stair; Lord Strathnaver; Lord Ross; Lord Beilhaven; Lord Carmichaell; Lord Advocat; Lord Justice Clark; Sir Thomas Livingstoune

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Sederunt

Lord Chancellor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Viscount Stair; Lord Strathnaver; Lord Ross; Lord Beilhaven; Lord Carmichaell; Lord Advocat; Lord Justice Clark; Sir Thomas Livingstoune

1. NRS, PC1/49, 167.

1. NRS, PC1/49, 167.

Decreet, 7 November 1693, Edinburgh

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Decreet

Certificatione The Lord Advocat Against Mr Richard Waddell

Anent our Soveraigne Lord and Ladys Letters raised and pursued before the Lords of their Majesties privy Councell att the Instance of Sir James Steuart their Majesties Advocat for their Highness Intrest in the Matter underwryten Mentioning That wher albeit by the Law of God and by the Laues and Acts of parliament all persones Especially such as are or pretend to be Ministers of the Gospell are bound to pray for their Rulers and Governours Especially for Kings and Queens their soveraigns And particularly by ane Act of the meeting of Estates of the date the Threttienth day of Apryle Jaj vic Eightie nyne years It is statute That all Ministers of the Gospell publictly pray for their Majesties King William and Queen Mary as King and Queen of this Realme and read the proclamatione for that effect under the paine of deprivatione And by the Threttieth fifth Act second sessione of their Majesties Currant parliament All Ministers deprived for not praying and reading as aforsaid are prohibited and discharged to preach or exercise any part of the Ministeriall functione aither In church or assembly or elsewher upon any pretext whatsomever untill first they present themselves before the Lords of their Majesties privy Councell And ther in their presence to take suear and subscribe the oath of alleadgance And also Ingadge themselves under their hands to pray for their Majesties as King and Queen of this Realme And not to oune the Late King James as their King In any sorte Certifying such Ministers as shall doe in the Contrare That they shall be proceeded Against as persones disaffected and Enemies to their Majesties government uith all rigour And sicklyke by the sixth Act of the fourth sessione of this Currant parliament It is statut and ordained that all persones in offices and places of publict trust Civill Ecclesiastick or military And particularly that all ministers and preachers of the Gospell whatsomever doe suear the oath of alleadgance and subscribe the same uith the Assurance subjoyned to the said Act And that betuixt and the tuenty day of June then nixt to Come now last by past under the Certificationes contained in the said Act And by the Threttieth seventh Act of the second sessione of the same parliament The dyet to Ministers for taking the said oath Is prorogat to the tenth day of July then nixt And by the saids Lords their proclamatione relative to the saids Acts They appoynted Commissioners for administrating the said oath and assurance Nevertheless It is of verity That Mr Richard Waddell sometyme minister at St Andreus and Mr John Home sometyme minister at Greenlaw Casting of all respect to their Majesties persones authority and Laues Have notwithstanding that they be expressly depryved for not praying for their Majesties Contumaciously Contraveened the saids express Laues and Acts of parliament In so farr as upon one or other of the dayes of the monthes of January February march Apryle may June July Agust september or october Instant They have presumed to sett up a meeting House at Hirsle or elsewher at least preach pray or exercise some part or other of the Ministeriall functione without Having qualified themselves as in the said Act And not only doe not pray for their Majesties as King and Queen But did expressly pray for the Late King James nor Have they suorne the oath of alleadgance and subscribed the same uith the assurance notuithstanding that the dayes are long since elapsed off which Crymes or one or other of them The saids tuo persones are Guilty Actors airt and pairt And ought and should be severely punished In their persones and Goods Conforme to the saids Acts to the terror of others to Committ the Lyke in tyme Coming And anent the charge Given to the saids defenders to have Compeared personally this day Before the saids Lords of their Majesties privie Councell To Have ansuered to the Grounds of the forsaid Complaint And to Have heard and seen such ordor and Course taken theranent as the saids Lords showld think fitt under the paine of rebellione and putting of them to the Horne with Certificatione etc as the said Complaint or Letters uith the executiones therof Bears The which Lybell Being this day Called In presence of the saids Lords of their Majesties privy Councell And the pursuar Compearing personally And the saids Defenders being Laufully Cited ofttymes Called and not Compearing The saids Lords In respect of their absence and not Compearance Grants Certificatione Against them And ordaines Letters to be direct to Macers or messengers at armes to pass to the mercat Cross […] and uther places needfull And ther In their Majesties name and authority Laufully and ordorly denunce the saids Defenders their Majesties rebells and putt them to their Horne Escheat and Inbring all their moveabill goods and gear to their Majesties use for their Contempt and disobedience

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Decreet

Certificatione The Lord Advocat Against Mr Richard Waddell

Anent our Soveraigne Lord and Ladys Letters raised and pursued before the Lords of their Majesties privy Councell att the Instance of Sir James Steuart their Majesties Advocat for their Highness Intrest in the Matter underwryten Mentioning That wher albeit by the Law of God and by the Laues and Acts of parliament all persones Especially such as are or pretend to be Ministers of the Gospell are bound to pray for their Rulers and Governours Especially for Kings and Queens their soveraigns And particularly by ane Act of the meeting of Estates of the date the Threttienth day of Apryle Jaj vic Eightie nyne years It is statute That all Ministers of the Gospell publictly pray for their Majesties King William and Queen Mary as King and Queen of this Realme and read the proclamatione for that effect under the paine of deprivatione And by the Threttieth fifth Act second sessione of their Majesties Currant parliament All Ministers deprived for not praying and reading as aforsaid are prohibited and discharged to preach or exercise any part of the Ministeriall functione aither In church or assembly or elsewher upon any pretext whatsomever untill first they present themselves before the Lords of their Majesties privy Councell And ther in their presence to take suear and subscribe the oath of alleadgance And also Ingadge themselves under their hands to pray for their Majesties as King and Queen of this Realme And not to oune the Late King James as their King In any sorte Certifying such Ministers as shall doe in the Contrare That they shall be proceeded Against as persones disaffected and Enemies to their Majesties government uith all rigour And sicklyke by the sixth Act of the fourth sessione of this Currant parliament It is statut and ordained that all persones in offices and places of publict trust Civill Ecclesiastick or military And particularly that all ministers and preachers of the Gospell whatsomever doe suear the oath of alleadgance and subscribe the same uith the Assurance subjoyned to the said Act And that betuixt and the tuenty day of June then nixt to Come now last by past under the Certificationes contained in the said Act And by the Threttieth seventh Act of the second sessione of the same parliament The dyet to Ministers for taking the said oath Is prorogat to the tenth day of July then nixt And by the saids Lords their proclamatione relative to the saids Acts They appoynted Commissioners for administrating the said oath and assurance Nevertheless It is of verity That Mr Richard Waddell sometyme minister at St Andreus and Mr John Home sometyme minister at Greenlaw Casting of all respect to their Majesties persones authority and Laues Have notwithstanding that they be expressly depryved for not praying for their Majesties Contumaciously Contraveened the saids express Laues and Acts of parliament In so farr as upon one or other of the dayes of the monthes of January February march Apryle may June July Agust september or october Instant They have presumed to sett up a meeting House at Hirsle or elsewher at least preach pray or exercise some part or other of the Ministeriall functione without Having qualified themselves as in the said Act And not only doe not pray for their Majesties as King and Queen But did expressly pray for the Late King James nor Have they suorne the oath of alleadgance and subscribed the same uith the assurance notuithstanding that the dayes are long since elapsed off which Crymes or one or other of them The saids tuo persones are Guilty Actors airt and pairt And ought and should be severely punished In their persones and Goods Conforme to the saids Acts to the terror of others to Committ the Lyke in tyme Coming And anent the charge Given to the saids defenders to have Compeared personally this day Before the saids Lords of their Majesties privie Councell To Have ansuered to the Grounds of the forsaid Complaint And to Have heard and seen such ordor and Course taken theranent as the saids Lords showld think fitt under the paine of rebellione and putting of them to the Horne with Certificatione etc as the said Complaint or Letters uith the executiones therof Bears The which Lybell Being this day Called In presence of the saids Lords of their Majesties privy Councell And the pursuar Compearing personally And the saids Defenders being Laufully Cited ofttymes Called and not Compearing The saids Lords In respect of their absence and not Compearance Grants Certificatione Against them And ordaines Letters to be direct to Macers or messengers at armes to pass to the mercat Cross […] and uther places needfull And ther In their Majesties name and authority Laufully and ordorly denunce the saids Defenders their Majesties rebells and putt them to their Horne Escheat and Inbring all their moveabill goods and gear to their Majesties use for their Contempt and disobedience

1. NRS, PC1/49, 165-7.

1. NRS, PC1/49, 165-7.

Procedure, 7 November 1693, Edinburgh

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Procedure

Lord Advocats Report Anent the Master of Balmerinoch and Mr Hary Maull

The Lord Advocat acquanted the Councell That Conforme to their Lordships ordor He hes caused charge the Master of Balmerinoch and Mr Hary Maull aither to pay their Fynes or Reenter the Castle of Edinburgh this day and that Having spoke uith them in the forenoon They told him they wowld Reenter which he is since Informed they have done

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Procedure

Lord Advocats Report Anent the Master of Balmerinoch and Mr Hary Maull

The Lord Advocat acquanted the Councell That Conforme to their Lordships ordor He hes caused charge the Master of Balmerinoch and Mr Hary Maull aither to pay their Fynes or Reenter the Castle of Edinburgh this day and that Having spoke uith them in the forenoon They told him they wowld Reenter which he is since Informed they have done

1. NRS, PC1/49, 165.

1. NRS, PC1/49, 165.

Procedure, 7 November 1693, Edinburgh

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Procedure

The Laird of Grant goes to Courte

The Laird of Grant Acquanted the Councell That he hes receaved Commands from his Majestie to repaire to Courte

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Procedure

The Laird of Grant goes to Courte

The Laird of Grant Acquanted the Councell That he hes receaved Commands from his Majestie to repaire to Courte

1. NRS, PC1/49, 165.

1. NRS, PC1/49, 165.

Procedure: committee formed, 7 November 1693, Edinburgh

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Procedure: committee formed

Committie for viewing the prisons

The Lords of their Majesties privie Councell nominated and appoynted a Committie of their oune number to Consider the Conditione of the prisones wherin the persones fyned for not taking the oath of Alleadgance and assurance are Incarcerat upon Refuising to pay their fynes And to report to the Counsell what of these persones it uill be necessary or Convenient to Change from the prisones they Are now In and to what prisones It uill be thought Fitt to transport them

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Procedure: committee formed

Committie for viewing the prisons

The Lords of their Majesties privie Councell nominated and appoynted a Committie of their oune number to Consider the Conditione of the prisones wherin the persones fyned for not taking the oath of Alleadgance and assurance are Incarcerat upon Refuising to pay their fynes And to report to the Counsell what of these persones it uill be necessary or Convenient to Change from the prisones they Are now In and to what prisones It uill be thought Fitt to transport them

1. NRS, PC1/49, 164.

1. NRS, PC1/49, 164.

Warrant, 7 November 1693, Edinburgh

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Warrant

Warrand for changing Kilsyths prisone

The Lords of their Majesties privie Councell Considering that Mr William Livingstoune of Kilsyth Is charged to reenter the Castle of Edinburgh and pay the penaltie contained in his bond once this day And the Earle of Linlithgow Having represented that Kilsyth is very uilling to give obedience to the Councells Commands But In regaird of his Indispositione of body and the bad air of the Castle Humblie Craved the Councell uould allow him to reenter prisoner in the Cannongate tolbooth in place of the said Castle The saids Lords Doe Heirby Change the said Mr William Livingstoune of Kilsyth his prisone from the Castle to the tolbooth of Edinburgh And ordaines him to Enter prisoner uithin the said tolbooth of Edinburgh once this night and Remane prisoner therin and therupon dispenses with his returning to the Castle

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Warrant

Warrand for changing Kilsyths prisone

The Lords of their Majesties privie Councell Considering that Mr William Livingstoune of Kilsyth Is charged to reenter the Castle of Edinburgh and pay the penaltie contained in his bond once this day And the Earle of Linlithgow Having represented that Kilsyth is very uilling to give obedience to the Councells Commands But In regaird of his Indispositione of body and the bad air of the Castle Humblie Craved the Councell uould allow him to reenter prisoner in the Cannongate tolbooth in place of the said Castle The saids Lords Doe Heirby Change the said Mr William Livingstoune of Kilsyth his prisone from the Castle to the tolbooth of Edinburgh And ordaines him to Enter prisoner uithin the said tolbooth of Edinburgh once this night and Remane prisoner therin and therupon dispenses with his returning to the Castle

1. NRS, PC1/49, 164.

1. NRS, PC1/49, 164.