Tag Archives: November

Act, 24 November 1692, Edinburgh

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Att Edinburgh the Tuenty Fourth day off November Jaj vjc nyntie tuo years

A1692/11/441

Act

Liberation Leivetennent James Gordon

Anent the petitione Given in to the Lords of there majesties privie Councill be Leivetennent James Gordon Shewing That the petitioner wes one of these who wes apprehended and made prisoner at the rendering of the house of Feddret And hath Continowed under restraint ever since in the toun of Dundie And hade a small allowance of subsistance moeny from the Lords of the theasurie which hes not been payed since the first day of Februarij Last The present Collector refuseing payment Tho there wes never any order to the contrair And sieing all the other prisoners who rendered themselves at that tyme are set at Liberty Except the Viscount of Frendraught and aneother officer who is still prisoner with the petitioner upon baill of Fyve Hundreth merks And therefor humbly craveing that the saids Lords upon the same baill that others in his Circumstances have given or appoint Alexander Swintoun the present Collector at Dundee to pay his subsistence money since the First of Februarij Last and in tyme comeing dureing his Continowance under the restraint under restraint2 or otherwayes he will be redacted to very great Extreamities which he humbly conceaves is not the saids Lords there Intentione As the saids petitione bears The Saids Lords of there majesties privie Councill haveing Considered this petition given in to them be the above Leivetennent James Gordon They hereby give order and warrand to the magistrats of Dundie or any other persone In whose Custodie the petitioner is To sett him at Liberty In respect he hes found sufficient Caution acted in the books of privie Councill That he shall Live peaceably and with all submissione to the present government under there majesties King William and Queen Mary And that he shall not act consult or contryve any thing in prejudice thereof nor shall not converse with rebells And that he shall appear befor the saids Lords of privie Councill whenever called for, under the penaltie of Fyve Hundreth merks scotts money In case the petitioner shall transgress in any pairt of the premises.

At Edinburgh 24 November 1692

A1692/11/441

Act

Liberation Lieutenant James Gordon

Concerning the petition given in to the lords of their majesties’ privy council by Lieutenant James Gordon, showing that the petitioner was one of these who was apprehended and made prisoner at the rendering of the house of Fedderate, and has continued under restraint ever since in the town of Dundee, and had a small allowance of subsistence money from the lords of the treasury, which has not been paid since the first day of February last, the present collector refusing payment though there was never any order to the contrary. And seeing all the other prisoners who rendered themselves at that time are set at liberty, except the Viscount of Frendraught and another officer who is still prisoner with the petitioner, upon bail of 500 merks, and therefore humbly craving that the said lords upon the same bail that others in his circumstances have given, or appoint Alexander Swinton, the present collector at Dundee, to pay his subsistence money since 1 February last and in time coming during his continuance under the restraint, or otherwise he will be reduced to very great extremities, which he humbly conceives is not the said lords their intention, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Lieutenant James Gordon, they hereby give order and warrant to the magistrates of Dundee, or any other person in whose custody the petitioner is, to set him at liberty, in respect he has found sufficient caution acted in the books of privy council that he shall live peaceably and with all submission to the present government under their majesties King William and Queen Mary, and that he shall not act consult or contrive anything in prejudice thereof, nor shall not converse with rebels, and that he shall appear before the said lords of privy council whenever called for, under the penalty of 500 merks Scots money in case the petitioner shall transgress in any part of the premises.

1. PC1/48, 462-3.

2. Sic.

1. PC1/48, 462-3.

Act, 24 November 1692, Edinburgh

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Att Edinburgh the Tuenty Fourth day off November Jaj vjc nyntie tuo years

A1692/11/431

Act

Act additionall Comissioners for hearth money

Forasmuch as by proclamatione of the dait the tuelth day of August Last The Laird of Scotstarvit The Laird of Balfour George Lumsden portioner of Kilreny Sir Philip Enstruther Mr Archibald Hope of Rankeillor one of the senators of the Colledge of Justice Sir John Dempster of Pitliver The Laird of Woodmilne and Sir William Bruce for the shyres of Fyff and Kinross are requyred and Comanded to meet at the heid burghes of the respective shyres forsaids upon the second Thursday of september last by past And call befor them the subcollectors nominated and appointed for the saids shyres be Mr James Melvill of Cassengray Generall collector and receaver of the hearth money who are requyred and Comanded to attend them the said day and place and take and receave from them subscryved with there hands a List of the haill hearths in these shyres as they have been collected and taken up by them with the names and designationes of such who at the terme of Candlemes Jaj vjc nyntie one years possess the houses where the hearths are And the saids Comissioners are to make choise of a persone or persones To whom they are Impowered to give order to survey the haill hearths within the saids shyres and tounes thereof alswell Inhabited as not And who were possessors of the houses and others Inhabited And who were ouners of such as were waist at the said terme of Candlemess Jaj vjc nyntie one years Except as in the said proclamatione is excepted And to make up exact Lists of the hearths in the saids houses and give in the same to the Commissioners whereof the Comissioners are to transmitt exact duplicats to the Clerks of privie Councill And all maisters of familyes are by the said proclamatione requyred and Comanded to meet at the paroch churches where they duell at the dyetts in the proclamatione And give accompt to the Comissioners what hearth money they have payed and what deficiencie to the Collectors in the bounds where they Live And the Commissioners are to make exact Inventar and accompt thereof and transmitt the same subscryved by them with duplicats of the Lists abovementioned to the Clerks of Councill betuixt and the second Thursday of november Last And the saids Lords Considering that the persones abovenamed will be too few for the saids shyres of Fyff and Kinross They hereby nominate and appoint the Lord Yester Sir Charles Hacquet of Pitfirren Sir John Dempster of Pitliver Sir Alexander Bruce of Broomhall Alexander Spitle of Leuchat […] Wardlaw of Pittrevie and […] Robertson of Newbigging for the tuo westerne presbitryes of the said shyre of Fyff And nominats and appoints the saids Lairds of Scotstarvit and Balfour The said George Lumsden Sir Philip Enstruther Lord Rankeillor and Laird of Woodmilne for the tuo Easterne presbitryes of the said shyre And the said Sir William Bruce for the shyre of Kinross Requyreing and Comanding the haill Commissioners and forsaids persones to be Imployed for surveying the hearths and alse the Subcollectors of the hearthmoney And the haill maisters of familyes within the respective bounds forsaids and all others Concerned to give exact obedience to the contents of the said proclamatione in everie point as is thereby requyred with this alteratione that the saids Commissioners of Fyff Shyre are hereby appointed to meet as followes viz such of the saids Comissioners as are for the westerne presbitryes at such a place and upon such a day as the said Lord Yester (whom the saids Lords doe hereby nominate to be Conveener) shall appoint for there first meeting And therefter at such places and upon such dayes as the saids Comissioners shall appoint And the Commissioners for the Easterne presbitries of Fyff are to meet at Coupar upon such a day as the Laird of Scotstarvit (whom the saids nominates to be Conveener) shall appoint for the first meeting And therefter at such places and dayes as the saids Comissioners shall appoint And the said Sir William Bruce is to meet at Kinross for the first dyet And therefter at such places and upon such dayes as he shall appoint And to returne to the Clerks of privie Councill the duplicats of the Lists and exact Inventars and accompts of the hearth money and deficiencie as by the said proclamatione is appointed betuixt and the tuenty eight day of Januarij Jaj vjc nyntie three years as they will be ansuerable.

At Edinburgh 24 November 1692

A1692/11/431

Act

Act additional commissioners for hearth money

Forasmuch as by proclamation of the date 12 August last, the laird of Scotstarvit, the laird of Balfour, George Lumsden, portioner of Kilrenny, Sir Philip Anstruther, Mr Archibald Hope of Rankeilour, one of the senators of the college of justice, Sir John Dempster of Pitliver, the laird of Woodmill, and Sir William Bruce for the shires of Fife and Kinross are required and commanded to meet at the head burghs of the respective shires foresaid upon the second Thursday of September last by past, and call before them the sub-collectors nominated and appointed for the said shyre by Mr James Melville of Cassingray, general collector and receiver of the hearth money, who are required and commanded to attend them the said day and place and take and receive from them subscribed with their hands a list of the whole hearths in those shires as they have been collected and taken up by them, with the names and designations of such who at the term of Candlemas 1691 possess the houses where the hearths are. And the said commissioners are to make choice of a person or persons, to whom they are empowered to give order, to survey the whole hearths within the said shires and towns thereof, both inhabited and not, and who were possessors of the houses and others inhabited, and who were owners of such as were waste at the said term of Candlemas 1691, except as in the said proclamation is excepted, and to make up exact lists of the hearths in the said houses, and give in the same to the commissioners whereof the commissioners are to transmit exact duplicates to the clerks of privy council. And all masters of families are by the said proclamation required and commanded to meet at the parish churches where they dwell at the diets in the proclamation, and give account to the commissioners what hearth money they have paid and what deficiency to the collectors in the bounds where they live. And the commissioners are to make [and] exact inventory and account thereof, and transmit the same subscribed by them, with duplicates of the lists abovementioned, to the clerks of council between [and] and the second Thursday of November last. And the said lords, considering that the persons abovenamed will be too few for the said shires of Fife and Kinross, they hereby nominate and appoint [John Hay] the Lord Yester, Sir Charles Hacquet of Pitfirrane, Sir John Dempster of Pitliver, Sir Alexander Bruce of Broomhall, Alexander Spitle of Leuchat, […] Wardlaw of Pitrevie, and […] Robertson of Newbiggin for the two western presbyteries of the said shire of Fife, and nominate and appoint the said lairds of Scotstarvit and Balfour, he said George Lumsden, Sir Philip Anstruther, Lord Rankeilour, and laird of Woodmill for the two eastern presbyteries of the said shire, and the said Sir William Bruce for the shire of Kinross, requiring and commanding the whole commissioners and foresaid persons to be employed for surveying the hearths and as the sub-collectors of the hearth money, and the whole masters of families within the respective bounds foresaid, and all others concerned, to give exact obedience to the contents of the said proclamation in every point as is thereby required, with this alteration, that the said commissioners of Fife are hereby appointed to meet as follows viz such of the said commissioners as are for the western presbyteries at such a place and upon such a day as the said Lord Yester (whom the said lords do hereby nominate to be convener) shall appoint for their first meeting, and thereafter at such places and upon such days as the said commissioners shall appoint. And the commissioners for the eastern presbyteries of Fife are to meet at Cupar upon such a day as the laird of Scotstarvit (whom the said [lords] nominate to be convener) shall appoint for the first meeting, and thereafter at such places and days as the said commissioners shall appoint. And the said Sir William Bruce is to meet at Kinross for the first diet, and thereafter at such places and upon such days as he shall appoint, and to return to the clerks of privy council the duplicates of the lists and exact inventories and accounts of the hearth money and deficiency as by the said proclamation is appointed between [now] and 28 January 1693 as they will be answerable.

1. PC1/48, 461-2.

1. PC1/48, 461-2.

Procedure: committee, 24 November 1692, Edinburgh

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Att Edinburgh the Tuenty Fourth day off November Jaj vjc nyntie tuo years

A1692/11/421

Procedure: committee

Comittee The Sollicitor against some persons in Dalkeith

Anent the Lybell or Complaint raised and persued befor the Lords of there majesties privie Councill at the Instance of Sir William Lockhart there majesties sollicitor for there Highness interest In the matter underwreitten Makeing mentione That whereas by the Lawes and acts of parliament of this Kingdome The dissouneing of there Majestyes and there authoritie and the Contryveing or Intending death and destruction to there majesties or any bodily harme tending to death and destruction And the open wishing evill and destructione or confusione to there Majesties allyes there good subjects and ouneing of the Late King James by drinking of his health putting on bonfyres upon his birthday or otherwayes and the breaking of prisone As also the Magistrats officers and Jaylor there suffering prisoners to escape who are Incarcerat for crymes whether it be wilfull or by negligence are Crymes of ane high nature and severely punishable Yet Nothwithstanding John Garbet Andrew Logan David Denholme John Boudie William Reid and Mr Thomas Dobie Induellers in Dalkeith Contrair to and in manifest contempt of the forsaids Lawes did dissoune there majesties and there authoritie and did contryve2 and Intend death or destructione to there majesties and bodily harme tending unto death or destructione And did openly wish destruction and Confusione to there allyes and good subjects and did publictly oune the Late King James In so farr as upon the fourteint day of october Last being the late King James his birth day They did put on a bonfyre in Dalkeith At least were present at a bonfyre that wes put one And did thereat drink the Late King James his health upon there knees And with many Cruell and execrable wishes did drink to the confusione of there majesties and all the bairntyme the States of Holland and all presbiterians And which the said Mr Thomas Dobie did at the said bonfyre with the saids persones or in his oune house with them or other company For which cryme The said John Garbett and Andrew Logan being Incarcerat within the tolbooth of Dalkeith They made there escape out of prisone And […] Nairne bailzie of Dalkeith did so farr oune and approve the putting on the said bonefyre that they did nothing to the hyndering or suppressing thereof albeit there were severall persones that publictly Conveened about the samen As also the said bailzie and […] Smith Jaylor aither wilfully or by Connivence or negligence did suffer the said John Garbet and Andrew Logan prisoners to escape off which crymes the saids persons are guiltie as actors airt and pairt and ought to be exemplarly punished in there persones and goods to the terror of others to comitt and doe the Lyke in tyme comeing And Anent the Charge Given to the saids persones above Compleaned upon To Compear befor the saids Lords of there majesties privie Councill At Edinburgh or where it shall happen them to be for the tyme this day To ansuer to the grounds of the above Complaint And to hear and see such order and Course taken thereanent as ther saids Lords shall think fitt under the paine of rebellion and putting of them to the horne with Certificatione to them If they failzie They shall be denunced rebells and putt to the horne simpliciter As the saids Lybell and executiones thereof at more Length bears. Which Lybell being this day called In presence of the saids Lords of privie Councill And the said Mr Thomas Dobie being brought from the tolbooth of Edinburgh where he is now prisoner to the Councill barr And […] Nairne bailzie of Dalkeith Compearing personallie and […] Smith Jaylor in Dalkeith being absent and not compearing But excused In respect he is presently prisoner in the tolbooth of Edinburgh and Lyeing Sick there And the rest of the defenders being Lawfully cited oft tymes called and not Compearing And there Majesties sollicitor Compearing personallie with Sir Patrick Home advocat one of his assistants as persewers The Lords of there majestyes privie Councill Grants Certification againest the saids John Garbet Andrew Logan David Denholme and John Boundine In respect of there absence And ordaines Letters to be direct to messengers at armes Comanding them to pass to the mercat croce of […] and other places neadfull And there in there Majesties name and authority to duely Lawfully and orderly Denunce the saids absent defenders ther majesties rebells and put them to there Highness horne And escheat and Inbring all there moveable goods and gear to there Majesties use for there Contemptione and dissobedience And the saids Lords Haveing Considered the Lybell and ansuers made there to for the said Mr Thomas Dobie The hereby admitt the samen to probatione againest the said Bailzie Nairne and Mr Thomas Dobie And the haill witnesses cited in the said matter haveing Compeared personally at the barr and made faith Except Beatrix Pearsone spouse to Mr George Honyman minister And the defenders haveing made no objectiones againest the saids witnesses when they were asked If they hade any The saids Lords doe hereby appoint Mr Francis Montgomery of Giffan and Sir Robert Sinclair of Stevinstoun to be a Comittee for examining the saids witnesses And recomends to there majesties phisicans to visite the said […] Smith in the tolbooth of Edinburgh wher he is prisoner And report his Conditione to the Councill on tuesday next.

At Edinburgh 24 November 1692

A1692/11/421

Procedure: committee

Committee the solicitor against some persons in Dalkeith

Concerning the libel or complaint raised and pursued before the lords of their majesties’ privy council at the instance of Sir William Lockhart, their majesties’ solicitor, for their highnesses’ interest in the matter underwritten, making mention that whereas by the laws and acts of parliament of this kingdom, the disowning of their majesties and their authority, and the contriving or intending death and destruction to their majesties or any bodily harm tending to death and destruction, and the open wishing evil and destruction or confusion to their majesties’ allies, their good subjects, and owning of the late King James by drinking of his health, putting on bonfires upon his birthday, or otherwise, and the breaking of prison, as also the magistrates, officers, and gaoler their suffering prisoners to escape who are incarcerated for crimes, whether it be wilful or by negligence, are crimes of a high nature and severely punishable. Yet notwithstanding, John Garbet, Andrew Logan, David Denholme, John Boudie, William Reid, and Mr Thomas Dobie, indwellers in Dalkeith, contrary to and in manifest contempt of the foresaid laws, did disown their majesties and their authority, and did contrive and intend death or destruction to their majesties, and bodily harm tending unto death or destruction, and did openly wish destruction and confusion to their allies and good subjects, and did publicly own the late King James, insofar as upon 14 October last, being the late King James his birthday, they did put on a bonfire in Dalkeith, at least were present at a bonfire that was put on, and did thereat drink the late King James his health upon their knees, and with many cruel and execrable wishes did drink to the confusion of their majesties and all their offspring, the states of Holland, and all Presbyterians, and which the said Mr Thomas Dobie at the said bonfire with the said persons or in his own house with them or other company. For which crime the said John Garbett and Andrew Logan being incarcerated within the tolbooth of Dalkeith, they made their escape out of prison. And […] Nairne, bailie of Dalkeith, did so far own and approve the putting on [of] the said bonfires [that] they did nothing to the hindering or suppressing thereof albeit there were several persons that publicly convened about the same. As also the said bailie and […] Smith, gaoler, either wilfully or by connivance or negligence, did suffer the said John Garbet and Andrew Logan, prisoners, to escape. Of which crimes the said persons are guilty as actors, art and part, and ought to be exemplarily punished in their persons and goods, to the terror of others to commit and do the like in time coming. And concerning the charge given to the said persons above complained upon to compear before the said lords of their majesties’ privy council at Edinburgh, or where it shall happen them to be for the time, this day to answer to the grounds of the above complaint, and to hear and see such order and course taken therein as the said lords shall think fit under the pain of rebellion and putting of them to the horn, with certification to them if they fail, they shall be denounced rebels and put to the horn simpliciter, as the said libel and executions thereof at more length bear. Which libel being this day called in presence of the said lords of privy council, and the said Mr Thomas Dobie being brought from the tolbooth of Edinburgh, where he is now prisoner, to the council bar, and […] Nairne, bailie of Dalkeith, compearing personally and […] Smith, gaoler in Dalkeith being absent and not compearing, but excused in respect he is presently prisoner in the tolbooth of Edinburgh and lying sick there, and the rest of the defenders being lawfully cited, many times called, and not compearing, and their majesties’ solicitor compearing personally with Sir Patrick Home, advocate, one of his assistants, as pursuers, the lords of their majesties’ privy council grant certification against the said John Garbet, Andrew Logan, David Denholme, and John Boundine, in respect of their absence, and ordain letters 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’ name and authority to duly, lawfully, and orderly denounce the said absent defenders their majesties’ rebels and put them to their highnesses’ horn, and escheat and inbring all their moveable goods and gear to their majesties’ use, for their contempt and disobedience. And the said lords having considered the libel and answers made thereto for the said Mr Thomas Dobie, the hereby admit the same to probation against the said Bailie Nairne and Mr Thomas Dobie. And the whole witnesses cited in the said matter having compeared personally at the bar and made faith, except Beatrix Pearson, spouse to Mr George Honyman, minister, and the defenders having made no objections against the said witnesses when they were asked if they hade any, the said lords doe hereby appoint Mr Francis Montgomery of Giffin and Sir Robert Sinclair of Stevenson to be a committee for examining the said witnesses, and recommend to their majesties’ physicians to visit the said […] Smith in the tolbooth of Edinburgh, where he is prisoner, and report his condition to the council on Tuesday next.

1. PC1/48, 459-61.

2. The word ‘death’ is scored out here.

1. PC1/48, 459-61.

Sederunt, 24 November 1692, Edinburgh

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Att Edinburgh the Tuenty Fourth day off November Jaj vjc nyntie tuo years1

A1692/11/412

Sederunt

Lord Chancellour; Earl of Drumlangrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Viscount Stair; Lord Raith; Lord Beilhaven; Lord Hattoun; Lord Fountainhall; Lord Enstruther; Mr Frances Montgomery; Laird of Steivinstoun; Sir William Lockhart; Sir Patrick Murray

At Edinburgh 24 November 16921

A1692/11/412

Sederunt

[John Hay, earl of Tweeddale] lord chancellor; [James Douglas] earl of Drumlanrig; [George Livingston] earl of Linlithgow; [Robert Kerr] earl of Lothian; [Archibald Douglas] earl of Forfar; [James Dalrymple] Viscount Stair; [Alexander Melville] Lord Raith; [John Hamilton] Lord Belhaven; [Sir John Lauder] Lord Hatton; [Sir John Lauder] Lord Fountainhall; [William] Lord Anstruther; Mr Francis Montgomery; [Sir Robert Sinclair] laird of Stevenson; Sir William Lockhart; Sir Patrick Murray

1. PC1/48, 459.

2. PC1/48, 459.

1. PC1/48, 459.

2. PC1/48, 459.

Decreet, 22 November 1692, Edinburgh

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Att Edinburgh the Tuenty second day of November Jaj vjc and nyntie tuo years

A1692/11/401

Decreet

Decreet absolvitor Inhabitants of St Andrews against the Sollicitor

Anent the Lybell persued befor the Lords of there Majesties privy Councill at the Instance of Sir William Lockhart there majesties sollicitor Mentioneing That whereas by severall Lawes and acts of parliament And particularly by the act Eightie parliament sixt King James the fourth And act tuenty sixt parliament fourth King James the fyfth It is statute and ordained That no man be chosen proveist Bailzies or magistrats of burghs but these that are honest and substantious burgesses merchands and Induellers in the burgh under the pain of tinsell of there freedome who does in the contrarie And act eight parliament tuentyeth King James the sixth It is statute That no man shall be Capable of Proveistrie or other magistracie within any burgh of this Realme or to be elected to any of the saids offices within a burgh but merchands and actuall traffiquers Inhabitants within the said burgh allennarly and no others And the Electing or Choyseing of Magistrats2 or Councillours within burgh Contrair to Law and the sett and Constitutione of the burgh and the Contemptuous dissobeying of the acts and orders of there majesties privie Councill are Crymes of ane high nature and severely punisheable And it being of verity that be the sett and constitution of the burgh of St Andrews It being provyded that befor they choose there magistrats They should present to the Arch Bishop ane Leitt of the persones to be chosen magistrats viz Tuo persones with the old proveist and tuo persones with the old dean of gild and Eight persones with the Four present bailzies and tuo persons with the old Theasurer who are or have been Councillors within the Citie actuall traders and residenters therein To the effect That out of these Leitts The Arch Bishop should Elect the magistrats at michaelmes yearly And prelacie being now abolished And the King and Queens majesties haveing Come In place of the Bishops as to all there rights and priviledges And the Lords of privie Councill conforme to there right Haveing by there act of the sixteenth of september Last ordained the toun Councill of the said burgh to send there Lists to the Lord Chancellor who thereby wes authorized to nominate the magistrats And which Lists were appoynted to be sent in such a Competent tyme befor the day of electione as wes accustomed to be done to the ArchBishop And albeit the said act of the privie Councill wes duely Intimate to the saids maigstrats and toun Councill who served for the Last year Yet the saids magistrats viz The Earle of Crawfurd proveist of St Andrews Andrew Clerk maltman and Late dean of gild now Thomas Orrock regality Clerk of St Andrews James Smith merchand Late and present bailzie there George Rymer present bailzie there Alexander Ferriar merchand and Late bailzie there William Jack wreitter in St Andrews now one of the Bailzies of the said burgh James Nicolsone maltman and Late theasurer Simon Dairsie apothecary now Theasurer John Bruce baxter conveener Thomas Bell merchand Councellour Thomas Ferriar merchand Councellour John Phenisone messenger Councellour David Craig wreitter Councellour John Craig wreitter Councillour Robert Law Indueller there Robert Watsone deacon of the smiths Andrew Dickison deacon of the wrights Robert Harlaw deacon of the taylors Walter Gibson deacon of the Cordiners John Duncansone deacon of the baxters William Baird deacon of the fleshers Thomas Peattie deacon of the weavers and Andrew Phenisone toun clerk of St Andrews most Contemptuously dissobeyed and proceeded and made a pretended electione of magistrats and of a new Councill at Michaellmess last for the year Ensueing without sending Lists to the Lord High Chancellor as they ought to have done And as they were ordained by the forsaid act of privie Councill As also They did make choise of severall persones to be Magistrats of the said burgh as were not Capable be the Law and sett and constitutione of the burgh to bear office within burgh And particularly They did make choise of the Earle of Crawfurd to be proveist who is not a merchant and actuall traffiquer and residenter within the said burgh And so ought not to bear any office in the said burgh And therefore the saids Magistrats and Councillours that served in the said burgh for the year preceeding ought to be punished for there Contemptous dissobeying the act of there majesties privie Councill And the pretended new electione at michaellmes ought to be declared null and voyd And the former magistrats and Councill ought to be ordained to give in Lists to the said Lord High Chancellour That out of these Lists he may make choise of the Magistrats Conforme to the forsaid act of Councill as the Arch Bishop wes in use to doe befor the abolishing of prelacie And Anent the Charge Given to the saids defenders above Compleaned upon To have Compeared befor the saids of there Majesties privie Councill at Edinburgh or where it should happen them to be for the tyme at ane certain day bygone To ansuer to the points of the above Lybell or Complaint And to hear and see such order and Course taken theranent as the saids Lords should think fitt under the pain of rebellion and putting of them to the horne with certificatione to them If they failzie There majesties other Letters should be direct simpliciter for putting them thereto. As the said Lybell and excecutiones thereof bears. This Actione being upon the third day of November Instant Called In presence of the saids Lords And the said Sir William Lockhart there Majesties sollicitor and Sir Patrick Home and Mr Hugh Dalrymple advocatts his assistants Compearing personallie as persewers And the haill defenders except John Finnisone David Craig Robert Law and John Duncansone Compearing also personally The Saids Lords of there Majesties privie Councill Haveing Considered the Lybell and ansuers made for the defenders They befor ansuer ordained both pairtyes to adduce probatione anent the electione of the Magistrats of St Andrews viz The defenders anent the Inhabitants or toun councill of St Andrews there possessione of electing the Magistrats of the said burgh and the maner thereof And the persewers anent the Arch Bishops of St Andrews there possessione of Electing the saids magistrats of St Andrews and the maner thereof And assigned ane certain day to both pairtyes for adduceing such probation as they would make use of for proveing the points forsaids with Certificatione etc And allowed diligence at both pairtyes instance both againest witnesses and havers And ordained the defenders to produce in the Clerks hands there court books or registers anent the electione of there magistrats And allowed the persewers to have Inspectione of them And declared any three of the defenders sufficient to attend for the wholl at the dyetts of this process And ordained the magistrats who served in St Andrews for the year preceeding michaellmess Last to take care of the government and peace of the Citie untill this process be discussed as they will be ansuerable Conforme to the former act of Councill of the date the thretteint day of October Last And the defenders haveing accordingly produced in the hands of the Clerks of Councill Severalls of there court books or registers which were taken up and Inspected by the said sollicitor and his assistants And The Said action being this day again Called In presence of the saids Lords of privie Councill And the Sollicitor and his assistants haveing Compeared personally as of before And the Earle of Crawfurd and severalls of the Inhabitants of St Andrews haveing also Compeared personally with Sir James Ogilvie and Mr David Forbes advocats there procurators The saids Lords of there majesties privie Councill Haveing again this day Considered the above Lybell with the court books or registers forsaids Together with the Charter of Erection and other wreitts produced for the defenders And haveing heard both pairtyes debate at Length in there presence upon that point If the possessione which the toun of St Andrews have hade these years bygone since the revolution be sufficient to Continow the toun in electing there magistrats till the point of right be discussed be the Judge ordinary The saids Lords Finds the toun of St Andrews there possession since the revolutione Sufficient to Continow them in the Electing of there magistrats untill be declared before the Judge ordinarie that they have no right so to doe And therefor assoilzies the defenders and allowes the magistrats of St Andrews elected at Michaellmess Last To exercise there offices of magistrats in the said burgh notwithstanding of the sentence of Councill of the date thretteinth day of october Last Suspending them from the Same

At Edinburgh 22 November 1692

A1692/11/401

Decreet

Decreet absolvitor inhabitants of St Andrews against the solicitor

Concerning the libel pursued before the lords of their majesties’ privy council at the instance of Sir William Lockhart, their majesties’ solicitor, mentioning that whereas by several laws and acts of parliament, and particularly by the act eighty parliament sixth King James IV, and act twenty-sixth parliament fourth King James V, it is statute and ordained that no men be chosen provost, bailies, or magistrates of burghs but those that are honest and respectable burgesses, merchants, and indwellers in the burgh under the pain of loss of their freedom who does in the contrary. And act eighth, parliament twentieth King James VI it is statute that no man shall be capable of provostship or other magistracy within any burgh of this realm, or to be elected to any of the said offices within a burgh, but merchants and actual traffickers, inhabitants within the said burgh only and no others. And the electing or choosing of magistrates or councillors within burgh contrary to law and the set and constitution of the burgh, and the contemptuous disobeying of the acts and orders of their majesties’ privy council are crimes of a high nature and severely punishable. And it being of verity that, by the set and constitution of the burgh of St Andrews, it being provided that before they choose their magistrates, they should present to the archbishop a leet of the persons to be chosen magistrates viz two persons with the old provost and two persons with the old dean of gild and eight persons with the four present bailies and two persons with the old treasurer who are or have been councillors within the city, actual traders and residents therein, to the effect that out of these leets the archbishop should elect the magistrates at Michaelmas yearly. And prelacy being now abolished and the king’s and queen’s majesties having come in place of the bishops as to all their rights and privileges, and the lords of privy council conform to their right having by their act of 16 September last ordained the town council of the said burgh to send their lists to the lord chancellor, who thereby was authorised to nominate the magistrates, and which lists were appointed to be sent in such a competent time before the day of election, as was accustomed to be done to the archbishop. And albeit the said act of the privy council was duly intimated to the said magistrates and town council who served for the last year, yet the said magistrates viz [William Lindsay] the earl of Crawford, provost of St Andrews, Andrew Clerk, maltman and late dean of gild now, Thomas Orrock, regality clerk of St Andrews, James Smith, merchant, late and present bailie there, George Rymer, present bailie there, Alexander Ferriar, merchant and late bailie there, William Jack, writer in St Andrews, now one of the bailies of the said burgh, James Nicolsone, maltman and late treasurer, Simon Dairsie, apothecary, now treasurer, John Bruce, baxter, convener, Thomas Bell, merchant, councillor, Thomas Ferriar, merchant, councillor, John Phenisone, messenger, councillor, David Craig, writer, councillor, John Craig, writer, councillor, Robert Law, indweller there, Robert Watsone, deacon of the smiths, Andrew Dickison, deacon of the wrights, Robert Harlaw, deacon of the tailors, Walter Gibson, deacon of the cordwainers, John Duncansone, deacon of the bakers, William Baird, deacon of the fleshers, Thomas Peattie, deacon of the weavers, and Andrew Phenisone, town clerk of St Andrews, most contemptuously disobeyed and proceeded and made a pretended election of magistrates and of a new council at Michaelmas last for the year ensuing without sending lists to the lord high chancellor as they ought to have done, and as they were ordained by the foresaid act of privy council, as also they did make choice of several persons to be magistrates of the said burgh as were not capable be the law and set and constitution of the burgh to bear office within burgh. And particularly, they did make choice of the earl of Crawford to be provost, who is not a merchant and actual trafficker and resident within the said burgh, and so ought not to bear any office in the said burgh. And therefore the said magistrates and councillors that served in the said burgh for the year preceding ought to be punished for their contemptuous disobeying [of] the act of their majesties’ privy council, and the pretended new election at Michaelmas ought to be declared null and void, and the former magistrates and council ought to be ordained to give in lists to the said lord high chancellor that out of these lists he may make choice of the magistrates conform to the foresaid act of council, as the archbishop was in use to do before the abolition of prelacy. And concerning the charge given to the said defenders above complained upon to have compeared before the said [lords] of their majesties’ privy council at Edinburgh, or where it should happen them to be for the time at a certain day bygone, To answer to the points of the above libel or complaint, and to hear and see such order and course taken therein as the said lords should think fit under the pain of rebellion and putting of them to the horn, with certification to them if they fail, their majesties’ other letters should be directed simpliciter for putting them thereto, as the said libel and executions thereof bears. This action being upon 3 November instant called in presence of the said lords, and the said Sir William Lockhart, their majesties’ solicitor and Sir Patrick Home and Mr Hugh Dalrymple, advocates, his assistants, compearing personally as pursuers, and the whole defenders except John Finnisone, David Craig, Robert Law, and John Duncansone compearing also personally, the said lords of their majesties’ privy council having considered the libel and answers made for the defenders, they before answer ordained both parties to adduce probation concerning the election of the magistrates of St Andrews viz the defenders concerning the inhabitants or town council of St Andrews their possession of electing the magistrates of the said burgh and the manner thereof, and the pursuers concerning the archbishops of St Andrews their possession of electing the said magistrates of St Andrews and the manner thereof. And assigned a certain day to both parties for adducing such probation as they would make use of for proving the points foresaid, with certification etc. And allowed diligence at both parties’ instance both against witnesses and havers. And ordained the defenders to produce in the clerk’s hands their court books or registers concerning the election of their magistrates, and allowed the pursuers to have inspection of them. And declared any three of the defenders sufficient to attend for the whole at the diets of this process. And ordained the magistrates who served in St Andrews for the year preceding Michaelmas last to take care of the government and peace of the city until this process be discussed, as they will be answerable conform to the former act of council of the date 30 October last. And the defenders having accordingly produced in the hands of the clerks of council several of their court books or registers which were taken up and inspected by the said solicitor and his assistants. And the said action being this day again called in presence of the said lords of privy council, and the solicitor and his assistants having compeared personally as of before, and the earl of Crawford and several of the inhabitants of St Andrews having also compeared personally with Sir James Ogilvie and Mr David Forbes, advocates, their procurators, the said lords of their majesties’ privy council having again this day considered the above libel, with the court books or registers foresaid, together with the charter of erection and other writs produced for the defenders, and having heard both parties debate at length in their presence upon that point if the possession which the town of St Andrews have had these years bygone since the revolution be sufficient to continue the town in electing their magistrates until the point of right be discussed by the judge ordinary, the said lords find the town of St Andrews their possession since the revolution sufficient to continue them in the electing of their magistrates until [it] be declared before the judge ordinary that they have no right so to do. And therefore acquit the defenders and allow the magistrates of St Andrews elected at Michaelmas last to exercise their offices of magistrates in the said burgh notwithstanding of the sentence of council of the date 30 October last, suspending them from the same.

1. PC1/48, 455-8.

2. The phrase ‘within burgh’ **scored out here.**

1. PC1/48, 455-8.

Act, 22 November 1692, Edinburgh

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Att Edinburgh the Tuenty second day of November Jaj vjc and nyntie tuo years

A1692/11/391

Act

Protection Viscount Kenmure

Anent the petitione given in to the Lords of there Majesties privie Councill be Alexander Viscount Kenmure Shewing That where the petitioner hes been this Long tymes bypast2 plagued by the unjust clamor and Importunity of Margaret Rasper who wes Legallie ejected out of her pretended pairt of the Lands of Knockman and her goods Legally poynded which came verie farr short of what she justly rested the petitioner And sieing the petitioner can make appear the Justice of his cause And that he never designed any Contumacie in the Least And is verie readie and willing that the saids Lords should call the cause Imediatly or upon thursday next And the other pairty to be Certiorat for that effect And that the petitioner Cannot safely Compear because of what he is resting to severall persones for his Engadgements for his regiment not haveing receaved his arrears And therefore Craveing to the effect underwreitten As the said petitione bears The Saids Lords of there majesties privie Councill haveing Considered this petitione given in to them be the above Viscount of Kenmure They hereby grant personall protectione to the petitioner untill the sixt day of December next to come Inclusive And discharges all messengers officers within burgh and other ministers of the Law from putting any Letters of Captione acts of warding or other personall3 diligence to executione againest the petitioner dureing the said space Except as to there majesties rents and dues allennarly And assignes the First day of december next to the Viscount and Margaret Rasper and there process to attend the Councill and debate the above cause Sic Subscribitur Tweeddale cancel: Linlithgow Stair Beilhaven William Anstruther Francis Montgomery Robert Sinclair William Lockhart Patrick Murray.

At Edinburgh 22 November 1692

A1692/11/391

Act

Protection Viscount Kenmure

Concerning the petition given in to the lords of their majesties’ privy council by Alexander [Gordon], Viscount Kenmure, showing that where the petitioner has been this long time past plagued by the unjust clamour and importunity of Margaret Rasper, who was legally ejected out of her pretended part of the lands of Knockman and her goods Legally poinded, which came very far short of what she justly rested the petitioner. And seeing the petitioner can make appear the justice of his cause, and that he never designed any contumacy in the least, and is very ready and willing that the said lords should call the cause immediately, or upon Thursday next, and the other party to be certified for that effect, and that the petitioner cannot safely compear because of what he is resting to several persons for his engagements for his regiment, not having received his arrears, and therefore craving to the effect underwritten, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Viscount of Kenmure, they hereby grant personal protection to the petitioner until 6 December next to come inclusive, and discharges all messengers, officers within burgh, and other ministers of the law from putting any letters of caption, acts of warding, or other personal diligence to execution against the petitioner during the said space, except as to their majesties’ rents and dues only. And assigns 1 December next to the viscount and Margaret Rasper and their process to attend the council and debate the above cause. Sic subscribitur Tweeddale cancel: Linlithgow; Stair; Belhaven; William Anstruther; Francis Montgomery; Robert Sinclair; William Lockhart; Patrick Murray.

1. PC1/48, 455.

2. Word inserted above the line.

3. The word ‘executione’ **scored out here.**

1. PC1/48, 455.

Act, 22 November 1692, Edinburgh

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Att Edinburgh the Tuenty second day of November Jaj vjc and nyntie tuo years

A1692/11/381

Act

Protectione Robert Robertson

Anent the petitione Given in to the Lords of there Majesties privie Councill be Robert Robertsone weaver in Edinburgh Shewing That where the supplicant haveing Intented ane persuit befor the saids Lords againest John Scott and Andrew Leitch in Rutherglen for severall acts of oppression and ryotts Comitted by them upon the petitioner And the summonds being duely execute both againest him and the witnesses who were all readie to have compeared upon the Eight day of november instant notwithstanding whereof the saids John Scott and Andrew Leitch haveing execute ane recoventione that very day againest the petitioner used all there Endeavours to hynder the calling of the petitioners actione these three Councill dayes last bypast where throw Eight or nyne witnesses whom the petitioner hade Cited for proveing the points of his Lybell being wearied throw there ten dayes attendance in this place to no purpose have returned homeward Lykeas the saids John Scott and Andrew Leitch haveing gained that point of getting the petitioners witnesses to be abesent now when his actione may be called And resolving to preclude the petitioner of the benefite of being present at the Calling of his oune actione or to ansuer to there reconventione They have fallen upon this Indirect and unwarrantable method of hounding out some of the petitioners creditors (To whom is owing not above thretty or fourty pounds scotts) To apprehend the petitioner with Captione Thereby thinking to dissappoint him of there Lordships Justice And get him Lykewayes decerned and declared in absence upon there reconventione without the saids Lords provyde remeid thereto And therefore Craveing to the effect underwritten As the said petitione bears The saids Lords of there majesties privie Councill Haveing Considered this petitione given in to them be Robert Robertson weaver in Edinburgh They hereby grant personall protectione to the petitioner untill the sixth day of december next to come Inclusive And discharges all messengers and officers within burgh and other ministers of the Law from putting any Letters of Captione acts of warding or other personall diligence to executione againest the said petitioner Dureing the said space Except as to there Majesties rents and duetyes allenarly sic subscribitur Tweeddale cancel: Linlithgow Raith Beilhaven Francis Montgomerie John Lauder William Anstruther William Lockhart Patrick Murray

At Edinburgh 22 November 1692

A1692/11/381

Act

Protection Robert Robertson

Concerning the petition given in to the lords of their majesties’ privy council by Robert Robertson, weaver in Edinburgh, showing that where the supplicant having intended a pursuit before the said lords against John Scott and Andrew Leitch in Rutherglen for several acts of oppression and riot committed by them upon the petitioner, and the summons being duly executed both against him and the witnesses, who were all ready to have compeared upon 8 November instant, notwithstanding whereof the said John Scott and Andrew Leitch, having executed a reconvention that very day against the petitioner used all their endeavours to hinder the calling of the petitioner’s action these three council days last by past, wherethrough eight or nine witnesses whom the petitioner hade cited for proving the points of his libel, being wearied through their ten days’ attendance in this place to no purpose, have returned homeward. Likewise the said John Scott and Andrew Leitch, having gained that point of getting the petitioner’s witnesses to be absent now when his action may be called, and resolving to preclude the petitioner of the benefit of being present at the calling of his own action or to answer to their reconvention, they have fallen upon this indirect and unwarrantable method of hounding out some of the petitioner’s creditors (to whom is owing not above thirty or forty pounds Scots) to apprehend the petitioner with caption, thereby thinking to disappoint him of their lordships’ justice, and get him likewise discerned and declared in absence upon their reconvention without the said lords providing redress thereto. And therefore craving to the effect underwritten, as the said petition bears. The said lords of their majesties’ privy council, having considered this petition given in to them by Robert Robertson, weaver in Edinburgh, they hereby grant personal protection to the petitioner until 6 December next to come inclusive, and discharges all messengers and officers within burgh and other ministers of the law from putting any letters of caption, acts of warding, or other personal diligence to execution against the said petitioner during the said space, except as to their majesties’ rents and duties only. Sic subscribitur Tweeddale cancel: Linlithgow; Raith; Belhaven; Francis Montgomery; John Lauder; William Anstruther; William Lockhart; Patrick Murray.

1. PC1/48, 454.

1. PC1/48, 454.

Procedure: committee, 22 November 1692, Edinburgh

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Att Edinburgh the Tuenty second day of November Jaj vjc and nyntie tuo years

A1692/11/371

Procedure: committee

Comittee to meet with magistrats anent disorders ministers and beggars

The Lords of there majesties privie Councill doe hereby recomend to the Lord Viscount Stair Lord Raith theasurer deput mr Francis Montgomery and Sir Robert Sinclair of Steivinstoun to Call for and meet with the Magistrats of Edinburgh and speak with them anent the dissorders Comitted within the toun upon solemnity dayes And particularly upon the Last Solemnity day being his majesties birth day And know how these dissorders may be prevented and repressed in tyme comeing That If the magistrats be not able to suppress these The Councill may take order for doeing thereof And Lykewayes to know from the Magistrats what progress they have made in freeing the toun from beggars and putting the proclamatione againest beggars in executione And to Let the Magistrats know The Councill is Informed severall ministers who were banished by the Councill out of this City and Suburbs are returned thereto and doe reside therein without being noticed by the magistrats And to take tryall thereanent and report to the Councill accordingly.

At Edinburgh 22 November 1692

A1692/11/371

Procedure: committee

Committee to meet with magistrates concerning disorders ministers and beggars

The lords of their majesties’ privy council do hereby recommend to [James Dalrymple] the Lord Viscount Stair, [Alexander Melville] Lord Raith, treasurer depute, Mr Francis Montgomery, and Sir Robert Sinclair of Stevenson, to call for and meet with the magistrates of Edinburgh and speak with them concerning the disorders committed within the town upon solemnity days, and particularly upon the last solemnity day, being his majesty’s birthday, and know how these disorders may be prevented and repressed in time coming, that if the magistrates be not able to suppress these, the council may take order for doing thereof. And likewise to know from the magistrates what progress they have made in freeing the town from beggars and putting the proclamation against beggars in execution, and to let the magistrates know the council is informed [that] several ministers who were banished by the council out of this city and suburbs are returned thereto and do reside therein without being noticed by the magistrates. And to take trial therein and report to the council accordingly.

1. PC1/48, 453.

1. PC1/48, 453.

Warrant, 22 November 1692, Edinburgh

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A1692/11/361

Warrant

Warrand to the Sollicitor for processing ministers not praying for there majesties

The Lords of there Majesties privie Councill Haveing heard the report of the Comittee anent ministers not praying for there majesties King William and Queen Mary read in there presence They hereby appoint there Majesties sollicitor to raise processes befor the Councill againest the ministers nor prayeing for there Majesties or praying againest the government And to begin with the ministers in Fyff shyre And Cite the ministers in that shyre To ansuer on thursday Eight dayes And the rest of the ministers some of them one tuesday weekly till the wholl number be discust And appoints Letters to be raised at the sollicitors Instance againest the Magistrats of the severall shyres and burghes who have not returned a report of the ministers praying or not praying for there majesties And the sollicitor to Cause Charge them with horning to give in these Lists.

At Edinburgh 22 November 1692

A1692/11/361

Warrant

Warrant to the solicitor for processing ministers not praying for their majesties

The lords of their majesties’ privy council having heard the report of the committee concerning ministers not praying for their majesties King William and Queen Mary read in their presence, they hereby appoint their majesties’ solicitor to raise processes before the council against the ministers not praying for their majesties, or praying against the government, and to begin with the ministers in Fife, and cite the ministers in that shire to answer on Thursday eight days. And the rest of the ministers, some of them one Tuesday weekly until the whole number be discussed. And appoint letters to be raised at the solicitor’s instance against the magistrates of the several shires and burghs who have not returned a report of the ministers praying or not praying for their majesties, and the solicitor to cause charge them with horning to give in these lists.

1. PC1/48, 453.

1. PC1/48, 453.

Sederunt, 22 November 1692, Edinburgh

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Att Edinburgh the Tuenty second day of November Jaj vjc and nyntie tuo years1

A1692/11/352

Sederunt

Lord Chancellour; Earl of Drumlangrig; Earl of Linlithgow; Earl of Louthian; Earl of Forfar; Viscount Stair; Lord Raith; Lord Beilhaven; Lord Hattoun; Lord Fountainhall; Lord Enstruther; Mr Francis Montgomery; Laird of Steivinstoun; Sir William Lockhart; Sir Patrick Murray

At Edinburgh 22 November 16921

A1692/11/352

Sederunt

[John Hay, earl of Tweeddale] lord chancellor; [James Douglas] earl of Drumlanrig; [George Livingston] earl of Linlithgow; [Robert Kerr] earl of Lothian; [Archibald Douglas] earl of Forfar; [James Dalrymple] Viscount Stair; [Alexander Melville] Lord Raith; [John Hamilton] Lord Belhaven; [Sir John Lauder] Lord Hatton; [Sir John Lauder] Lord Fountainhall; [William] Lord Anstruther; Mr Francis Montgomery; [Sir Robert Sinclair] laird of Stevenson; Sir William Lockhart; Sir Patrick Murray

1. PC1/48, 453.

2. PC1/48, 453.

1. PC1/48, 453.

2. PC1/48, 453.