Att Edinburgh the Tuenty Fourth day off November Jaj vjc nyntie tuo years
A1692/11/45
A1692/11/45
Decreet
Decreet and Denunceation The Sollicitor against officers in Sir Thomas Livingstouns regiment
Anent the Letters raised at the Instance of Sir William Lockhart there majesties sollicitor for there Highnes Interest in the matter underwreitten and Sir Patrick Murray of Saltcoats collector of the croun rents before the Lords of there Majesties privie Councill Mentioneing That where Captain James Murray brother to Sir David Murray of Stenhop be his bond subscryved be him as principal and […] Dicksone of Whitstait as Cautioner of the dait the tuenty tuo day of Apryll Jaj vjc nyntie tuo years The said principal and Cautioner Band and obleidged them Conjunctlie and Severallie That the said principall should Live peaceablie appear befor the saids Lords of privie Councill when called for and returne to his Confynement at Edinburgh Betuixt and the first thursday of Jully then next to come under the penalty of tuo hundreth pound Sterling In case he should transgress in any pairt of the premises Likeas Lewis Hay Late Cornet to Sir Thomas Livingstoun by his bond subscryved be him as principall and John Murray brother german to Patrick Murray of Livingstoun as Cautioner of the date the seventeinth day of Apryll Jaj vjc nyntie one years The said principall and Cautioner band and obleidged them Conjunctly and severallie That the said Lewis Hay should Live peaceably and appear befor the Lords of privie counsell when called for under the penalty of Ane Hundreth pound Sterling as the saids tuo bonds of the dates forsaid registrat in the books of privie Councill upon the nynth day of maij last As also Captain John Livingstoun by his bond subscryved be him as principall and Mr Robert Stewart junior advocat Cautioner of the date the tuentieth day of January last The Said principall and Cautioner Band and obleidged them Conjunctlie and Severallie That the said Captain John Livingstoun should Live peaceablie and appear when Called for as said is and that he should not depairt furth from the toun of Edinburgh priviledges thereof and a myle about the same under the penalty of Fyve Hundreth merks scotts And also Mr William Livingstoun of Kilsyth by his bond subscryved be him as principall and John Howstoun younger of that ilk as Cautioner of the dait the thretteint day of Jully Instant The said principall and Cautioner Band and obleidged them Conjunctllie and severallie That the said Band and obleidged them Conjunctllie and severallie That the said Mr William shall Live peaceablie and keep his confynement and not depairt furth of the toun of Edinburgh and suburbs of the same And that he shall appear befor the saids Lords of privie Councill when called for under the penalty of Ane Thousand and Fyve Hundreth pounds Sterling In Case he should transgress in any pairt of the premises Likeas Leivetennent James Murray be his bond subscryved be him as principall and Mr John Campbell brother germane to the Earle of Arguyll and Mr David Burnet merchand burges of Edinburgh as Cautioners Band and obleidged them Conjunctllie and severallie by there said bond of the date the Eleaventh day of Jullij last by past That the said Leivetennent James Murray should Live peaceablie and appear befor the saids Lords of there Majesties privie Councill when called for under the penaltie of Ane Hundreth pound Sterling As the said three Last bonds also Insert and registrat in the books of privie Councill and ane decreet of the saids Lords Interponed thereto upon the tuenty eight day of Jullij Last by past Lykewayes bears And as the saids fyve bonds all produced to the saids Lords of privie Councill hes testifyed Likeas the saids Lords of privie Councill by there act of the date the tuenty eight day of Jully Last bypast have appointed the Clerks of Councill to cause registrat the forsaids bonds And gave order and warrand to the said Sir William Lockhart there majesties sollicitor to Cause Cite the principall to compear and there Cautioners to produce them befor the saids Lords of privie Councill In Maner and to the effect unerwreitten And Anent the Charge Given to the saids principalls to have Compeared and there saids Cautioners to have produced them before the saids Lords of there majesties privie Councill at Edinburgh or where it shall happen them to be for the tyme at ane certain day bygone to ansuer to the points of the above Complaint with Certification to them If they failzie The penalties in the saids bonds should be forfaulted and the principalls and Cautioners therein should be decerned by the saids Lords there decreet To make payment to the said Sir Patrick Murray of the respective penalties Contained in the severall bonds granted be them as said is And under the paine of rebellion and putting of them to the horne with Certification to them If they failzie That there Majesties other Letters shall be direct to denunce them rebells and putt them to the horne simpliciter As the saids Letters and executiones thereof at more Length bears Which Letters being this day called In presence of the saids Lords of privie Councill and the said Sir William Lockhart there majesties sollicitor Compearing personallie for there majesties Interest as persewer who produced the forsaids registrat bonds Lybelled on And the haill defenders principalls and Cautioners forsaids being all Lawfully Cited oft tymes Called and not compearing The Saids Lords of privie Councill Haveing considered the forsaids Letters with the registrat bonds Lybelled on They have declared and hereby declare the penalties Contained in the respective bonds Granted be the saids Captain James Murray Lewis Hay Captain John Livingstoun and Leivetennent James Murray principalls and there respective Cautioners above and in the saids bonds mentioned To be forfaulted and Incurred and decernes and ordaines the haill persones principalls and Cautioners forsaids Conjunctly and severally To make payment of there penaltie Contained in there respective bonds to Sir Patrick Murray of Saltcoatts collector of ther majesties Croun rents for there Majesties use And ordaines Letters of horning on six dayes at the said Sir Patrick Murray his Instance againest the Cautioners respective above wreitten for payment of the respective penaltys Contained in the bonds of Cautionrie respective above exprest And In respect of the absence and not Compeareance of the four forsaid principalls The Saids Lords doe hereby Grant Certificatione againest these principalls And ordaines Letters of denunceatione to be direct to Messengers at armes Comanding them to pass to the mercat croce of […] and other places needfull And there in there majesties names and authority Duely Lawfully and orderly denunce the saids four principalls there majesties rebells and put them to there highnes horne be three severall blasts of ane horne as use is And escheat and Inbring all there moveable goods and gear to there Majesties use for there Contemption and dissobedience And the saids Lords doe hereby Excuse the absence of the said Mr William Livingston of Kilsyth and his Cautioner In respect Kilsyth is presently prisoner in the castle of Edinburgh.
At Edinburgh 24 November 1692
A1692/11/45
Decreet
Decreet and denunciation the solicitor against officers in Sir Thomas Livingston’s regiment
Concerning the letters raised at the instance of Sir William Lockhart, their majesties’ solicitor, for their highnesses’ interest in the matter underwritten, and Sir Patrick Murray of Saltcoats, collector of the crown rents before the lords of their majesties’ privy council, mentioneing that, where Captain James Murray, brother to Sir David Murray of Stenhope, by his bond subscribed by him as principal and […] Dickson of Whitstait as cautioner of the date 22 April 1692, the said principal and cautioner bonded and obliged themselves conjunctly and severally that the said principal should live peaceably, appear before the said lords of privy council when called for, and return to his confinement at Edinburgh between [now] and the first Thursday of July then next to come, under the penalty of £200 Sterling in case he should transgress in any part of the premises. Like as Lewis Hay, late cornet to Sir Thomas Livingston, by his bond subscribed by him as principal and John Murray, brother germane to Patrick Murray of Livingston, as cautioner of the date 17 April 1691, the said principal and cautioner bonded and obliged themselves conjunctly and severally that the said Lewis Hay should live peaceably and appear before the lords of privy council when called for under the penalty of £100 Sterling, as the said two bonds of the dates foresaid registered in the books of privy council upon 9 May last, as also Captain John Livingston by his bond subscribed by him as principal and Mr Robert Stewart, junior advocate, cautioner of the date 20 January last, the Said principal and cautioner bonded and obliged themselves conjunctly and severally that the said Captain John Livingston should live peaceably and appear when called for as said is, and that he should not depart forth from the town of Edinburgh [and] privileges thereof and a mile about the same under the penalty of 500 merks Scots. And also Mr William Livingston of Kilsyth by his bond subscribed by him as principal and John Houston younger of that Ilk as cautioner of the date 13 July instant, he said principal and cautioner banded and obliged themselves conjunctly and severally that the said band and obliged them conjunctly and severally that the said Mr William shall live peaceably and keep his confinement and not depart forth of the town of Edinburgh and suburbs of the same, and that he shall appear before the said lords of privy council when called for under the penalty of £1,500 Sterling in case he should transgress in any part of the premises. Like as Lieutenant James Murray by his bond subscribed by him as principal and Mr John Campbell, brother germane to the earl of Argyll, and Mr David Burnet, merchant burgess of Edinburgh, as cautioners bonded and obliged themselves conjunctly and severally by their said bond of the date 11 July last by past that the said Lieutenant James Murray should live peaceably and appear before the said lords of their majesties’ privy council when called for under the penalty of £100 Sterling, as the said three last bonds also inserted and registered in the books of privy council, and a decreet of the said lords interposed thereto upon 28 July Last by past likewise bears, and as the said five bonds all produced to the said lords of privy council have testified. Like as the said lords of privy council by their act of the date 28 July Last by past have appointed the clerks of council to cause register the foresaid bonds, and gave order and warrant to the said Sir William Lockhart, their majesties’ solicitor, to cause cite the principals to compear and their cautioners to produce them before the said lords of privy council in manner and to the effect underwritten. And concerning the charge given to the said principals to have compeared and their said cautioners to have produced them before the said lords of their majesties’ privy council at Edinburgh or where it shall happen them to be for the time at a certain day bygone to answer to the points of the above complaint, with certification to them if they fail, the penalties in the said bonds should be forfeited and the principals and cautioners therein should be discerned by the said lords their decreet to make payment to the said Sir Patrick Murray of the respective penalties contained in the several bonds granted be them as said is, and under the pain of rebellion and putting of them to the horn, with certification to them if they fail that their majesties’ other letters shall be directed to denounce them rebels and put them to the horn simpliciter, as the said letters and executions thereof at more length bears. Which letters being this day called in presence of the said lords of privy council, and the said Sir William Lockhart, their majesties’ solicitor, compearing personally for their majesties’ interest as pursuer, who produced the foresaid registered bonds libelled on, And the whole defenders, principals and cautioners, foresaid being all lawfully cited, often called, and not compearing, the said lords of privy council having considered the foresaid letters with the registered bonds libelled on, they have declared and hereby declare the penalties contained in the respective bonds granted by the said Captain James Murray, Lewis Hay, Captain John Livingston and Lieutenant James Murray, principals, and their respective cautioners above and in the said bonds mentioned, to be forfeited and incurred, and discern and ordain the whole persons, principals and cautioners, foresaid, conjunctly and severally, to make payment of their penalty contained in their respective bonds to Sir Patrick Murray of Saltcoats, collector of their majesties’ crown rents for their majesties’ use. And ordain letters of horning on six days at the said Sir Patrick Murray his instance against the cautioners respective above written for payment of the respective penalties contained in the bonds of caution respective above expressed. And in respect of the absence and not compeareance of the four foresaid principals, the said lords do hereby grant certification against these principals, and ordain letters of denunciation to be directed to messengers at arms, commanding them to pass to the mercat cross of […] and other places needful, and there in their majesties’ names and authority duly, lawfully, and orderly denounce the said four principals their majesties’ rebels and put them to their highnesses’ horn by three several blasts of a horn as use is, and escheat and inbring all their moveable goods and gear to their majesties’ use for their contempt and disobedience. And the said lords do hereby excuse the absence of the said Mr William Livingston of Kilsyth and his cautioner in respect Kilsyth is presently prisoner in the castle of Edinburgh.
