Tag Archives: October

Decreet, 11 October 1694, Edinburgh

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At Edinburgh. Thursday the 11th October 1694

A1694/10/151

Decreet

Decreet Certification and absolvitur Lord Advocat Against Sinclair and others

Anent the lybell or Complaint raised before the Lords of his Majesties privy Councill at the instance of his majesties trustie and weell beloved Councillor Sir James Stueart his majesties Advocat as haveing speciall order for that effect makeing mentione that where by all lawes, both divine and humane The worship of God aught to be performed with all reverence, and all persones whatsomever are prohibited and discharged to interupt or disturb the said worship and the disorderlie interrupters and disturbers thereof aught to be severlie punished Lykeas by the act of parliament James 6th parliament 11th, Caput 27th, It is statut that whatsoever persone or persones shall happen hereafter to perturb the ordor of the kirk the tyme of Divine service wherethrough the people then conveened shall happen to be disturbed disordered or troubled, the same shall be a poynt of dittay and the persons convicted thereof shall tyne all their moveable goods as escheat to their Majesties for their offence Nevertheless it is of verity that upon the fyfth fyfteenth tuenty tuo or tuentie nynth dayes of July and on the fyfth twelth nynteen and tuenty sexth dayes of August last Jaj vjc nynty and four years or one or other of the dayes of the said moneths John Sinclair, one of their majesties Bursers in the Colledge of Old Aberdeen Alexander Farquarsone sone in law to master William Black Regent in the said Colledge James Smyth, servant to the said Mr William Black John Sympsone Taylor in the said old toune James Irveing, sone to […] Irvein of Kincoussie and William Leitch Baxter in the said old toune but a Run-away and Deserter from their majesties fleitt shakeing of all fear of God and reguaird to his worship and their majesties Laws presumed most disordlie to interrupt the worship of God in the Kirk of the said toune of Old Aberdeen In so far as That after the minister preaching for the tyme and to whom the directione of the order of the worship according to the Custome of the church as now established by Law doth certainely pertaine, had ended the singing of the Psalme after sermone and was begun and actuallie saying the Blessing for a conclusione of the Divine service at that tyme The foresaid persones or ane or [other] of them did in the dayes above lybelled raise a noyse in the 2 severall Corners of the Church, pritending to sing the Hymne commonly called the Doxologie, and which where it is in use is reverendly reguairded and never offered to be 3 interrupted by any good Christiane and thereby in the tyme of the ministers blessing of the people did disturb the Congregatione and that on purpose as is evident to vex and disturb the foresaid assemblie and ther presbeterian minister whom they purposed to vex for not useing of the said hymne Albeit they know perfectly That Presbeterians doe condemn it noe where so that the foresaid persones their disorderlie practise in this matter is not all challanged for the matter of this Hymne more then if they had in the same disorderly manner sung any approved psalme But meerlie for the disorderlie and factious manner wherein it was practised Tending visiblie to the disturbance of the worship of God and the vexing and contemning of all such Assemblies for worship as will not comply with their Humors. Lykeas the same persones in pursuance of this their factious and turbulant humour doe offer disturbances affront and indignities to the Eldership and their meetings lately established for the said kirk by hountings hallowings and throwing of stones and offering to rable them when the walk on the streets or are about to conveen for the executing of their office By all which it is evident That the foresaid persones or ane or other of them are guilty of perturbeing the foresaid meetings for divine worship and of ane most disorderlie insolence against the same or at least art and part thereof for which they aught to be punished in their persones and by the escheating of their goods to the example and terrour of others to committ the lyke in tyme comeing And anent the charge given to the haill forenamed persones above instanced upon To have compeared personallie before the said Lords at ane certaine day bygaine To have answered to the poynts of the above complaint and to have heared and seen such ordor and Course taken theranent as the said Lords should think fitt under the pain of rebellione etc as in the said lybell and Executiones thereof at lenth is contained Which being this day called in presence of the said Lords of ther Majesties privie Councill And the said Lord Advocat and Sir James Ogilvie their Majesties Solicitor Compearing personallie for their Majesties Interest and the within John Sympsone James Irvine and William Leitch three of the said Defenders being Lawfully cited called and not compearing and John Sinclair Alexander Farqharsone and James Smyth the other defenders Compearing personallie with Master Robert Forbes advocat for the haill defenders The lybell being read The said Lords Grants certificatione against the three absent defenders And Ordains letters of denounceatione to be direct against them, Ordaining Macers or Messingers at arms to pass to the mercat cross of […] and other places needfull and there in their majesties name and authoritie To duelie Lawfully and ordorly denounce the said John Sympsone James Irveine and William Leitch their majesties Rebells and put them to their Highness horne Escheat and inbring all their moveable goods and gear to their majesties use for their contempt and disobedience And assoilzies the other three defenders compearing from the poynts and articles of the lybell in sua far as is lybelled against them and Declares them free thereof and quytte therfrae In respect the said three defenders have presentlie in face of Councill signed ane acknowledgement of the offence charged upon them as to the disturbance made in the Church and that they shall not doe the lyke in tyme comeing unless to follow the minister and precentor in singing ordorlie and therupon they were dismissed. from the barr.

At Edinburgh. Thursday the 11th October 1694

A1694/10/151

Decreet

Decreet Certification and absolvitur Lord Advocat Against Sinclair and others

Anent the lybell or Complaint raised before the Lords of his Majesties privy Councill at the instance of his majesties trustie and weell beloved Councillor Sir James Stueart his majesties Advocat as haveing speciall order for that effect makeing mentione that where by all lawes, both divine and humane The worship of God aught to be performed with all reverence, and all persones whatsomever are prohibited and discharged to interupt or disturb the said worship and the disorderlie interrupters and disturbers thereof aught to be severlie punished Lykeas by the act of parliament James 6th parliament 11th, Caput 27th, It is statut that whatsoever persone or persones shall happen hereafter to perturb the ordor of the kirk the tyme of Divine service wherethrough the people then conveened shall happen to be disturbed disordered or troubled, the same shall be a poynt of dittay and the persons convicted thereof shall tyne all their moveable goods as escheat to their Majesties for their offence Nevertheless it is of verity that upon the fyfth fyfteenth tuenty tuo or tuentie nynth dayes of July and on the fyfth twelth nynteen and tuenty sexth dayes of August last Jaj vjc nynty and four years or one or other of the dayes of the said moneths John Sinclair, one of their majesties Bursers in the Colledge of Old Aberdeen Alexander Farquarsone sone in law to master William Black Regent in the said Colledge James Smyth, servant to the said Mr William Black John Sympsone Taylor in the said old toune James Irveing, sone to […] Irvein of Kincoussie and William Leitch Baxter in the said old toune but a Run-away and Deserter from their majesties fleitt shakeing of all fear of God and reguaird to his worship and their majesties Laws presumed most disordlie to interrupt the worship of God in the Kirk of the said toune of Old Aberdeen In so far as That after the minister preaching for the tyme and to whom the directione of the order of the worship according to the Custome of the church as now established by Law doth certainely pertaine, had ended the singing of the Psalme after sermone and was begun and actuallie saying the Blessing for a conclusione of the Divine service at that tyme The foresaid persones or ane or [other] of them did in the dayes above lybelled raise a noyse in the 2 severall Corners of the Church, pritending to sing the Hymne commonly called the Doxologie, and which where it is in use is reverendly reguairded and never offered to be 3 interrupted by any good Christiane and thereby in the tyme of the ministers blessing of the people did disturb the Congregatione and that on purpose as is evident to vex and disturb the foresaid assemblie and ther presbeterian minister whom they purposed to vex for not useing of the said hymne Albeit they know perfectly That Presbeterians doe condemn it noe where so that the foresaid persones their disorderlie practise in this matter is not all challanged for the matter of this Hymne more then if they had in the same disorderly manner sung any approved psalme But meerlie for the disorderlie and factious manner wherein it was practised Tending visiblie to the disturbance of the worship of God and the vexing and contemning of all such Assemblies for worship as will not comply with their Humors. Lykeas the same persones in pursuance of this their factious and turbulant humour doe offer disturbances affront and indignities to the Eldership and their meetings lately established for the said kirk by hountings hallowings and throwing of stones and offering to rable them when the walk on the streets or are about to conveen for the executing of their office By all which it is evident That the foresaid persones or ane or other of them are guilty of perturbeing the foresaid meetings for divine worship and of ane most disorderlie insolence against the same or at least art and part thereof for which they aught to be punished in their persones and by the escheating of their goods to the example and terrour of others to committ the lyke in tyme comeing And anent the charge given to the haill forenamed persones above instanced upon To have compeared personallie before the said Lords at ane certaine day bygaine To have answered to the poynts of the above complaint and to have heared and seen such ordor and Course taken theranent as the said Lords should think fitt under the pain of rebellione etc as in the said lybell and Executiones thereof at lenth is contained Which being this day called in presence of the said Lords of ther Majesties privie Councill And the said Lord Advocat and Sir James Ogilvie their Majesties Solicitor Compearing personallie for their Majesties Interest and the within John Sympsone James Irvine and William Leitch three of the said Defenders being Lawfully cited called and not compearing and John Sinclair Alexander Farqharsone and James Smyth the other defenders Compearing personallie with Master Robert Forbes advocat for the haill defenders The lybell being read The said Lords Grants certificatione against the three absent defenders And Ordains letters of denounceatione to be direct against them, Ordaining Macers or Messingers at arms to pass to the mercat cross of […] and other places needfull and there in their majesties name and authoritie To duelie Lawfully and ordorly denounce the said John Sympsone James Irveine and William Leitch their majesties Rebells and put them to their Highness horne Escheat and inbring all their moveable goods and gear to their majesties use for their contempt and disobedience And assoilzies the other three defenders compearing from the poynts and articles of the lybell in sua far as is lybelled against them and Declares them free thereof and quytte therfrae In respect the said three defenders have presentlie in face of Councill signed ane acknowledgement of the offence charged upon them as to the disturbance made in the Church and that they shall not doe the lyke in tyme comeing unless to follow the minister and precentor in singing ordorlie and therupon they were dismissed. from the barr.

0. NRS, PC1/50, 21.

1. NRS, PC1/50, 22-4.

2. The word ‘corner’ scored out here.

3. The phrase ‘offered to be’ scored out here.

0. NRS, PC1/50, 21.

1. NRS, PC1/50, 22-4.

2. The word ‘corner’ scored out here.

3. The phrase ‘offered to be’ scored out here.

Warrant, 11 October 1694, Edinburgh

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At Edinburgh. Thursday the 11th October 1694

A1694/10/141

Warrant

Warrand for processing John Mcdonald befor the Justices.

The Lords of their Majesties privy Council Doe herby give order and warrand to Sir James Steuart their Majesties Advocat, to Intent and pursue a process of Treason against John Mcdonald, presently prisoner in Edinburgh Tolbooth, who Designes himself Major John befor the Lords Commissioners of Justiciary unles the said John Mcdonald shall furthwith Enact himself in the books of privy Council in the terms of the Interloquitor of Council, of the date the […] day of […] pronunced against him. Sic subscribitur Tweeddale cancel: Drumlangrig, Southerland, Strathmore, Raith, Archibald Murray

At Edinburgh. Thursday the 11th October 1694

A1694/10/141

Warrant

Warrand for processing John Mcdonald befor the Justices.

The Lords of their Majesties privy Council Doe herby give order and warrand to Sir James Steuart their Majesties Advocat, to Intent and pursue a process of Treason against John Mcdonald, presently prisoner in Edinburgh Tolbooth, who Designes himself Major John befor the Lords Commissioners of Justiciary unles the said John Mcdonald shall furthwith Enact himself in the books of privy Council in the terms of the Interloquitor of Council, of the date the […] day of […] pronunced against him. Sic subscribitur Tweeddale cancel: Drumlangrig, Southerland, Strathmore, Raith, Archibald Murray

0. NRS, PC1/50, 21.

1. NRS, PC1/50, 21.

0. NRS, PC1/50, 21.

1. NRS, PC1/50, 21.

Order, 11 October 1694, Edinburgh

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At Edinburgh. Thursday the 11th October 1694

A1694/10/131

Order

Recomendation To shipe six seamen taken for a french privateir at Stranrawer.

The Lords of their majesties privie Councill, Doe herby recomend to Sir James Steuart their majesties Advocat, To cause ship aboard in the first man of warr, which shall saill from the River of Forth to the kingdome of England, The persons following, viz Lievtennant Michaell Carmick, Richard Dobin, Barnaby Wedd, Bryan Mcgrae, Robert Playhay, Evis Jarden and Simeon Morgan, who had bein aboard a french privateer lying befor Stranrawer and haveing come ashoare were seazed, and are now prisoners in the Tolbooth of Edinburgh, and in the meantime to wryte to the secretaries of state, That when the saids persons are shiped and shall come to England, in case they shal be Exchanged with other prisoners To Endeavor that the persons who shall be Exchainged for them be scots men.

At Edinburgh. Thursday the 11th October 1694

A1694/10/131

Order

Recomendation To shipe six seamen taken for a french privateir at Stranrawer.

The Lords of their majesties privie Councill, Doe herby recomend to Sir James Steuart their majesties Advocat, To cause ship aboard in the first man of warr, which shall saill from the River of Forth to the kingdome of England, The persons following, viz Lievtennant Michaell Carmick, Richard Dobin, Barnaby Wedd, Bryan Mcgrae, Robert Playhay, Evis Jarden and Simeon Morgan, who had bein aboard a french privateer lying befor Stranrawer and haveing come ashoare were seazed, and are now prisoners in the Tolbooth of Edinburgh, and in the meantime to wryte to the secretaries of state, That when the saids persons are shiped and shall come to England, in case they shal be Exchanged with other prisoners To Endeavor that the persons who shall be Exchainged for them be scots men.

0. NRS, PC1/50, 21.

1. NRS, PC1/50, 21.

0. NRS, PC1/50, 21.

1. NRS, PC1/50, 21.

Sederunt, 11 October 1694, Edinburgh

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At Edinburgh. Thursday the 11th October 16941

A1694/10/122

Sederunt

Lord Chancellor; Earl of Drumlangrig; Earl of Southerland; Earl of Strathmore; Earl of Lothian; Earl of Forfar; Lord Murray; Viscount Tarbat; Lord Raith, T: D:; Lord Carmichaell; Lord Polwarth; Lord Advocatt; Lord Justice Clerk; Laird of Blackbarrony; Laird of Stevensone; Laird of Pollock; Sir Thomas Livingstone; Sir John Hall

At Edinburgh. Thursday the 11th October 16941

A1694/10/122

Sederunt

Lord Chancellor; Earl of Drumlangrig; Earl of Southerland; Earl of Strathmore; Earl of Lothian; Earl of Forfar; Lord Murray; Viscount Tarbat; Lord Raith, T: D:; Lord Carmichaell; Lord Polwarth; Lord Advocatt; Lord Justice Clerk; Laird of Blackbarrony; Laird of Stevensone; Laird of Pollock; Sir Thomas Livingstone; Sir John Hall

1. NRS, PC1/50, 21.

2. NRS, PC1/50, 21.

1. NRS, PC1/50, 21.

2. NRS, PC1/50, 21.

Proclamation, 9 October 1694, Edinburgh

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At Edinburgh. Tuesday the 9th October 1694

A1694/10/111

Proclamation

Proclamation Discharging persons to be brought from the Netherlands without passes.2

The Proclamation after Insert, Being read, approven and signed, was ordered to be Recorded, wherof the Tennor followes.
William and Mary By the grace of God, King and Queen of Great-Brittan, France and Ireland Defenders of the faith To etc Macers of our privy Council, messengers at armes, Our Sherreffs in that parte, Conjunctlie and severallie speciallie Constitut, Greeting: forasmuch as the Merchants and skippers and others traffiqueing and passing betuixt this our ancient Kingdome and the provinces of the Netherlands, Doe presume to bring into this Kingdome, persons obnoxious to our Lawes and notourly disaffected to our Government, As also deserters from our forces in the said pairts. For remeid wherof, Ue uith advice of the Lords of our privy Council have thought fitt hereby, strictly to prohibit and Discharge all Merchants, Masters, Skippers or Mates and Mariners and passingers in any shipes, Barks, or vessells, To bring home into this kingdome or any of the ports or Coasts therof any person or persons from the said Netherlands, Unless they have passes in maner following, viz Every one of the saids persones not being a souldier, a pass from the secretaries of this Kingdom or their Deput attending our person in the said Netherlands for the tyme, and every souldier or other person who have served in our armies, a pass from the Collonell of the regement wherin they served, or a superior officer, which passes are to be presented to the Conservator of the priviledges of this our Kingdome, Residing in the said provinces or his Deputt in his absence, who is to make a list of the saids persons, having and produceing their passes as said is, and to deliver the same subscrybed with his hands to the master or skipper of the ship for his warrand, To bring home the persones named therin: as also the said master or skipper at his arivall within the river of Forth or any port or Creik therof shall, befor he suffer any of the persons contained in the said List to goe ashore out of his Vessell, present the forsaid List to our Advocat or Solicitor, at Edinburgh for the tyme, or in there absence to one or other of the Lords of our privy Council, and receave his order for setting of the saids persons a shore. And if the 3 vessell4 shal arive at any other port or Coast within the kingdome ,then the skipper shal present his said list to a Magistrat of the nixt Burgh Royall, who shall be oblidged either to take Caution of the persons Contained therin, That they shall present themselves when called by the Lords of our privy Council: or at Leist if they cannot find caution, they shall Enact themselves both under a reasonable penaltie to present themselves as said is, which bonds and acts the said magistrat, is to transmit with all dilligence to the Clerks of our privy Councill within a fourtnight at farthest after receaving of the same, and the saids Magistrats having taken the saids bonds or subscriptions, are then to give order for the persons coming a shore; Certifieing the saids merchants, masters, skippers, mates, mariners and passengers, and magistrats above mentioned, That if any of them faill in the premisses they shall be lyable in the penalty of five hunder merks scots Each of them, toties quoties, To be payed to our Receaver generall for our use. and farther requireing Our Solicitor to use Exact dilligence to sie thir presents Executt, and the forsaid penaltie when incurred payed. Our will is Herfor, and we Chairge yow strictly and comand, and in Continent, these our Letters seen, ye pass to the mercat Cross of Edinburgh, and to the mercat Crosses of the remanent head burghes of the severall shyres within this kingdome and also to the severall seaport tounes within the same (and appoints the shereffs of the severall shires to sie thir presents published at the severall seatouns within their respective Jurisdictions) and ther be open proclamation make publicatione of the premisses, that non pretends ignorance. And ordaines thir presents to be printed, Givin under our signet at Edinburgh the sixth day of September, and of our Reigne the sixth year. 1694. sic subscribitur, Tweeddale cancell: Lothian, Annandale, Forfar, Breadalbane, James Stewart Adam Cockburne John Hall John Lauder.

At Edinburgh. Tuesday the 9th October 1694

A1694/10/111

Proclamation

Proclamation Discharging persons to be brought from the Netherlands without passes.2

The Proclamation after Insert, Being read, approven and signed, was ordered to be Recorded, wherof the Tennor followes.
William and Mary By the grace of God, King and Queen of Great-Brittan, France and Ireland Defenders of the faith To etc Macers of our privy Council, messengers at armes, Our Sherreffs in that parte, Conjunctlie and severallie speciallie Constitut, Greeting: forasmuch as the Merchants and skippers and others traffiqueing and passing betuixt this our ancient Kingdome and the provinces of the Netherlands, Doe presume to bring into this Kingdome, persons obnoxious to our Lawes and notourly disaffected to our Government, As also deserters from our forces in the said pairts. For remeid wherof, Ue uith advice of the Lords of our privy Council have thought fitt hereby, strictly to prohibit and Discharge all Merchants, Masters, Skippers or Mates and Mariners and passingers in any shipes, Barks, or vessells, To bring home into this kingdome or any of the ports or Coasts therof any person or persons from the said Netherlands, Unless they have passes in maner following, viz Every one of the saids persones not being a souldier, a pass from the secretaries of this Kingdom or their Deput attending our person in the said Netherlands for the tyme, and every souldier or other person who have served in our armies, a pass from the Collonell of the regement wherin they served, or a superior officer, which passes are to be presented to the Conservator of the priviledges of this our Kingdome, Residing in the said provinces or his Deputt in his absence, who is to make a list of the saids persons, having and produceing their passes as said is, and to deliver the same subscrybed with his hands to the master or skipper of the ship for his warrand, To bring home the persones named therin: as also the said master or skipper at his arivall within the river of Forth or any port or Creik therof shall, befor he suffer any of the persons contained in the said List to goe ashore out of his Vessell, present the forsaid List to our Advocat or Solicitor, at Edinburgh for the tyme, or in there absence to one or other of the Lords of our privy Council, and receave his order for setting of the saids persons a shore. And if the 3 vessell4 shal arive at any other port or Coast within the kingdome ,then the skipper shal present his said list to a Magistrat of the nixt Burgh Royall, who shall be oblidged either to take Caution of the persons Contained therin, That they shall present themselves when called by the Lords of our privy Council: or at Leist if they cannot find caution, they shall Enact themselves both under a reasonable penaltie to present themselves as said is, which bonds and acts the said magistrat, is to transmit with all dilligence to the Clerks of our privy Councill within a fourtnight at farthest after receaving of the same, and the saids Magistrats having taken the saids bonds or subscriptions, are then to give order for the persons coming a shore; Certifieing the saids merchants, masters, skippers, mates, mariners and passengers, and magistrats above mentioned, That if any of them faill in the premisses they shall be lyable in the penalty of five hunder merks scots Each of them, toties quoties, To be payed to our Receaver generall for our use. and farther requireing Our Solicitor to use Exact dilligence to sie thir presents Executt, and the forsaid penaltie when incurred payed. Our will is Herfor, and we Chairge yow strictly and comand, and in Continent, these our Letters seen, ye pass to the mercat Cross of Edinburgh, and to the mercat Crosses of the remanent head burghes of the severall shyres within this kingdome and also to the severall seaport tounes within the same (and appoints the shereffs of the severall shires to sie thir presents published at the severall seatouns within their respective Jurisdictions) and ther be open proclamation make publicatione of the premisses, that non pretends ignorance. And ordaines thir presents to be printed, Givin under our signet at Edinburgh the sixth day of September, and of our Reigne the sixth year. 1694. sic subscribitur, Tweeddale cancell: Lothian, Annandale, Forfar, Breadalbane, James Stewart Adam Cockburne John Hall John Lauder.

0. NRS, PC1/50, 21.

1. NRS, PC1/50, 19-21.

2. Marginal note: ‘Nota. This Proclamation is passed upon the sixth of September Instant, and booked here per Licet’.

3. The phrase ‘said persons’ scored out here.

4. Insertion.

0. NRS, PC1/50, 21.

1. NRS, PC1/50, 19-21.

2. Marginal note: ‘Nota. This Proclamation is passed upon the sixth of September Instant, and booked here per Licet’.

3. The phrase ‘said persons’ scored out here.

4. Insertion.

Order, 9 October 1694, Edinburgh

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At Edinburgh. Tuesday the 9th October 1694

A1694/10/101

Order

Recomendation to the Theasaury, anent sixtie Thrie Discharged souldiers.

The Lords of their Majesties privy Council, Doe herby recomend to the Lords Commissioners of their Majesties Theausery to cause payment be made of Three pound scots to Each of sixtie Thrie Invalids and Discharged souldiers of the Scots Regements in Flanders for Carreying them home to their respective houses, Conform as their names shal be givin In to them in List be Sir Thomas Livingston Commander in Chieff of their Majesties Forces within this kingdome, And Recomends to the said Sir Thomas Livingstone to grant passes to the saids souldiers for their more saife travelling to their respective homes and for secureing them from troble in tyme coming.

At Edinburgh. Tuesday the 9th October 1694

A1694/10/101

Order

Recomendation to the Theasaury, anent sixtie Thrie Discharged souldiers.

The Lords of their Majesties privy Council, Doe herby recomend to the Lords Commissioners of their Majesties Theausery to cause payment be made of Three pound scots to Each of sixtie Thrie Invalids and Discharged souldiers of the Scots Regements in Flanders for Carreying them home to their respective houses, Conform as their names shal be givin In to them in List be Sir Thomas Livingston Commander in Chieff of their Majesties Forces within this kingdome, And Recomends to the said Sir Thomas Livingstone to grant passes to the saids souldiers for their more saife travelling to their respective homes and for secureing them from troble in tyme coming.

0. NRS, PC1/50, 13.

1. NRS, PC1/50, 19.

0. NRS, PC1/50, 13.

1. NRS, PC1/50, 19.

Procedure, 9 October 1694, Edinburgh

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At Edinburgh. Tuesday the 9th October 1694

A1694/10/91

Procedure

Additional Commissioners Anent the peace of the Highlands

The Lords of their Majesties privy Council, Considering that by the Commission for securing the peace of the Highlands, They are Impowered, upon applicatione to be made to them from any Justiciary Court, to add to the Nomination already made such person or persons as the said Court shall petition for, For strengthening their hands, and that the Commissioners of the south and west Districts have applyed to their Lordships That the persons after named, may be added to the Nomination already made, Therfor they herby add these persons viz Lievtennent Collonell John Erskin Lievetennent governour of the Castell of Stirling, Sir Patrick Murray of Ochtertyr, Alexander Blair of Corbs, Mr. James Craig younger of Dumbarnie, Lauchlin Mcintosh, tutor of Dalmongie, James Drummond of Gairdrum, Alexander Campbell of Balgershie elder and Paul Farquharsone of Rachally to the Number of the Commissioners already named, With power to the persons hereby nominate to sitt, act, vote and doe with the Commissioners formerly nominat, sicklike and alse freely in all respects as they had bein Contained in the principall Commission under the great seall, The persons herby nominat first befor their Entering upon the said office swearing and signeing the oath of alledgance and signeing the Assurance to their Majesties King William and Queen Mary appointed by Act of Parliament, And thir presents being recorded in the books of the said Commission.

At Edinburgh. Tuesday the 9th October 1694

A1694/10/91

Procedure

Additional Commissioners Anent the peace of the Highlands

The Lords of their Majesties privy Council, Considering that by the Commission for securing the peace of the Highlands, They are Impowered, upon applicatione to be made to them from any Justiciary Court, to add to the Nomination already made such person or persons as the said Court shall petition for, For strengthening their hands, and that the Commissioners of the south and west Districts have applyed to their Lordships That the persons after named, may be added to the Nomination already made, Therfor they herby add these persons viz Lievtennent Collonell John Erskin Lievetennent governour of the Castell of Stirling, Sir Patrick Murray of Ochtertyr, Alexander Blair of Corbs, Mr. James Craig younger of Dumbarnie, Lauchlin Mcintosh, tutor of Dalmongie, James Drummond of Gairdrum, Alexander Campbell of Balgershie elder and Paul Farquharsone of Rachally to the Number of the Commissioners already named, With power to the persons hereby nominate to sitt, act, vote and doe with the Commissioners formerly nominat, sicklike and alse freely in all respects as they had bein Contained in the principall Commission under the great seall, The persons herby nominat first befor their Entering upon the said office swearing and signeing the oath of alledgance and signeing the Assurance to their Majesties King William and Queen Mary appointed by Act of Parliament, And thir presents being recorded in the books of the said Commission.

0. NRS, PC1/50, 13.

1. NRS, PC1/50, 18-19.

0. NRS, PC1/50, 13.

1. NRS, PC1/50, 18-19.

Act, 9 October 1694, Edinburgh

Posted on by

At Edinburgh. Tuesday the 9th October 1694

A1694/10/81

Act

Protection Rait of Halgreen

Anent the Petition givin in to the Lords of their Majesties privy Councill Be William Rait of Halgreen, Shewing that where David Auchterlonie merchand in Montrois, Taking advantage of their petitioners present Circumstances, Being necessitat to retire throw the rigour of some of his Creditors occasioned by the unjust Dealling of Mr Andrew Wood of Netherbenholm and James Burnet of Lagaven, To whom their Petitioner sold ane pairt of his Estate, To the valow of Thriscore six Thousand merks (as is nottorly knoune) Towards their Payment and satisfaction, And the Tennents having suspended the Chairge, And David Auchterlonie finding their Petitioner at this pinch, hes raised ane Complaint befor their Lordships For ane ryot alledged Committed be the said William Raite upon him and for severall other Calumnious Crymes in maner specified in the Coppie of the Letters lying in Sir Gilbert Eliot their Clerks hands And seeing the said William Rait is very willing to give obedience to the said citation and compear befor their Lordships in order to vindicat and Defend himself if he had personall freedome from Caption and other personall dilligences for civill debts, And their Lordships being authorized and in use to grant protections in such cases for and Competent tyme that he may have the freedome to Compear befor their Lordships To propone his Just and Lawfull defences against his so unjust and Calumnious persuite, as the said Petition at more Length bears. Which petition being this day read in presence of the saids Lords of their Majesties privy Councill, and they haveing at Length Considered the same, They hereby Grant personall protection to the petitioner till the Eight day of November nixt to come, and discharges all Judges and Magistrats, Messengers at armes, officers in Burgh or Landward to put any Letters of Caption, acts of warding or other personall dilligence to execution against him untill the forsaid day inclusive, Excepting alwayes their Majesties Rents and publick dews. Sic subscribitur x2 Tweeddale cancel: Southerland, Tarbat, Carmichaell, Polwarth, James Stewart, Archibald Murray, John Maxwell, T. Livingstone.

At Edinburgh. Tuesday the 9th October 1694

A1694/10/81

Act

Protection Rait of Halgreen

Anent the Petition givin in to the Lords of their Majesties privy Councill Be William Rait of Halgreen, Shewing that where David Auchterlonie merchand in Montrois, Taking advantage of their petitioners present Circumstances, Being necessitat to retire throw the rigour of some of his Creditors occasioned by the unjust Dealling of Mr Andrew Wood of Netherbenholm and James Burnet of Lagaven, To whom their Petitioner sold ane pairt of his Estate, To the valow of Thriscore six Thousand merks (as is nottorly knoune) Towards their Payment and satisfaction, And the Tennents having suspended the Chairge, And David Auchterlonie finding their Petitioner at this pinch, hes raised ane Complaint befor their Lordships For ane ryot alledged Committed be the said William Raite upon him and for severall other Calumnious Crymes in maner specified in the Coppie of the Letters lying in Sir Gilbert Eliot their Clerks hands And seeing the said William Rait is very willing to give obedience to the said citation and compear befor their Lordships in order to vindicat and Defend himself if he had personall freedome from Caption and other personall dilligences for civill debts, And their Lordships being authorized and in use to grant protections in such cases for and Competent tyme that he may have the freedome to Compear befor their Lordships To propone his Just and Lawfull defences against his so unjust and Calumnious persuite, as the said Petition at more Length bears. Which petition being this day read in presence of the saids Lords of their Majesties privy Councill, and they haveing at Length Considered the same, They hereby Grant personall protection to the petitioner till the Eight day of November nixt to come, and discharges all Judges and Magistrats, Messengers at armes, officers in Burgh or Landward to put any Letters of Caption, acts of warding or other personall dilligence to execution against him untill the forsaid day inclusive, Excepting alwayes their Majesties Rents and publick dews. Sic subscribitur x2 Tweeddale cancel: Southerland, Tarbat, Carmichaell, Polwarth, James Stewart, Archibald Murray, John Maxwell, T. Livingstone.

0. NRS, PC1/50, 13.

1. NRS, PC1/50, 18.

2. Insertion.

0. NRS, PC1/50, 13.

1. NRS, PC1/50, 18.

2. Insertion.

Act, 9 October 1694, Edinburgh

Posted on by

At Edinburgh. Tuesday the 9th October 1694

A1694/10/71

Act

Petition and Act anent Provost Dick and others in Stirlin

Anent the petition givin In by John Dick Late provost of Stirline Thomas Miller, John More, James Keir and John Wilsone Baillies, David More Dean of gild, John Robertson Deacon, Unto the Lords of their Majesties privy Council. Making mention, That wher ther being a lybell raised against ther petitioners some tyme agoe upon severall grounds and Especially upon their alledged disafection to the Government, Testified by their drinking the Late King James and the pretended prince of Wales their healthes, dureing their Magistracy in Stirling, Wherupon their Lordships were pleased to order a precognition to be taken, and therafter to Issue furth a uarrand for aprehending them, And accordingly the said John Dick being apprehended, have remained prisoner since the last Council day in september, And they the other petitioners have bein restrained from going about their Lawfull Effairs, and were all Citted to appear befor their Lordships. They were most heartily sorry, That they should be so unfortunat as to ly under any Jealousie of Disafection to the government, And they did most ingenuously and sinceerly profess that they have behaved themselves with all deutie and affection to their Majesties Government, And that they doe resolve to adhere most stedfastly and afectionatly therto, And as to what was Lybelled against them in relation to the drinking of the forsaid healthes, Their Lordships would be pleased to Consider that the wittnesses only declare and doe not Depon, and they humbly presume, that non of them have declared, that any of them did begin or name either of these healths Expressly or under any Covert, name or designatione, And tho they may not possibly be able to answer for Every Extravagancy that may fall out in Company which could not be restrained, yet they doe most firmly assert and declare that they never drunk or understood any of the forsaid healthes, much less did they ever begin or approve such undutyfull and undescreet practices. And as to all the uther poynts of the Lybell against them, They doe utterly and absolutly deny them and every circumstance of them, Except, that ther was ane act of Council Destinating 200 merks to their Late Minister who visited the sick and prayed amongst 2 them3 when there was no settled minister in the place, which they judged to be ane act of Charitie, and wherof the money is not yet payed. And seeing that the said John Dick have already remained being prisoner, and they, the other petitioners, had bein as long under the same sentence and appointment to be Imprisoned and detained from prosecuting their Effairs, as the said petition at more length bears, Which petition being this day read in presence of the Lords of their majesties privy Council, and they having at Length Considered the same, They herby give order and Uarrand to the Magistrats of Edinburgh and keeper of their Tolbooth, To sett at Liberty furth therof the said John Dick, and allowes the other petitioners to be at full Liberty to goe about their Effairs, In respect the said John Dick hes givin bond and found sufficient Cautione acted in the books of privy Council, That he shall appear befor the saids Lords, and answer to what shall be Laid to his Chairge whensoever he shall be called for, and in the mean tyme that he shall Live peaceably under and with all submission to the present Government of their majesties King William and Qween Mary, and that he shall not Act, Consult nor Contryve any thing in prejudice therof, and that he shall not Converse nor Correspond with any rebells under the penalty of five hunder pound sterlin in case he shall transgress in any parte of the premisses. And ilk ane of the uther persons, petitioners forsaids, having givin Bond and found sufficient Caution in the same terms under the penalty of Ane hunder pound sterlin a peice In case they shall transgress in any parte of the premisses.

At Edinburgh. Tuesday the 9th October 1694

A1694/10/71

Act

Petition and Act anent Provost Dick and others in Stirlin

Anent the petition givin In by John Dick Late provost of Stirline Thomas Miller, John More, James Keir and John Wilsone Baillies, David More Dean of gild, John Robertson Deacon, Unto the Lords of their Majesties privy Council. Making mention, That wher ther being a lybell raised against ther petitioners some tyme agoe upon severall grounds and Especially upon their alledged disafection to the Government, Testified by their drinking the Late King James and the pretended prince of Wales their healthes, dureing their Magistracy in Stirling, Wherupon their Lordships were pleased to order a precognition to be taken, and therafter to Issue furth a uarrand for aprehending them, And accordingly the said John Dick being apprehended, have remained prisoner since the last Council day in september, And they the other petitioners have bein restrained from going about their Lawfull Effairs, and were all Citted to appear befor their Lordships. They were most heartily sorry, That they should be so unfortunat as to ly under any Jealousie of Disafection to the government, And they did most ingenuously and sinceerly profess that they have behaved themselves with all deutie and affection to their Majesties Government, And that they doe resolve to adhere most stedfastly and afectionatly therto, And as to what was Lybelled against them in relation to the drinking of the forsaid healthes, Their Lordships would be pleased to Consider that the wittnesses only declare and doe not Depon, and they humbly presume, that non of them have declared, that any of them did begin or name either of these healths Expressly or under any Covert, name or designatione, And tho they may not possibly be able to answer for Every Extravagancy that may fall out in Company which could not be restrained, yet they doe most firmly assert and declare that they never drunk or understood any of the forsaid healthes, much less did they ever begin or approve such undutyfull and undescreet practices. And as to all the uther poynts of the Lybell against them, They doe utterly and absolutly deny them and every circumstance of them, Except, that ther was ane act of Council Destinating 200 merks to their Late Minister who visited the sick and prayed amongst 2 them3 when there was no settled minister in the place, which they judged to be ane act of Charitie, and wherof the money is not yet payed. And seeing that the said John Dick have already remained being prisoner, and they, the other petitioners, had bein as long under the same sentence and appointment to be Imprisoned and detained from prosecuting their Effairs, as the said petition at more length bears, Which petition being this day read in presence of the Lords of their majesties privy Council, and they having at Length Considered the same, They herby give order and Uarrand to the Magistrats of Edinburgh and keeper of their Tolbooth, To sett at Liberty furth therof the said John Dick, and allowes the other petitioners to be at full Liberty to goe about their Effairs, In respect the said John Dick hes givin bond and found sufficient Cautione acted in the books of privy Council, That he shall appear befor the saids Lords, and answer to what shall be Laid to his Chairge whensoever he shall be called for, and in the mean tyme that he shall Live peaceably under and with all submission to the present Government of their majesties King William and Qween Mary, and that he shall not Act, Consult nor Contryve any thing in prejudice therof, and that he shall not Converse nor Correspond with any rebells under the penalty of five hunder pound sterlin in case he shall transgress in any parte of the premisses. And ilk ane of the uther persons, petitioners forsaids, having givin Bond and found sufficient Caution in the same terms under the penalty of Ane hunder pound sterlin a peice In case they shall transgress in any parte of the premisses.

0. NRS, PC1/50, 13.

1. NRS, PC1/50, 17-18.

2. The word ‘us’ scored out here.

3. Insertion.

0. NRS, PC1/50, 13.

1. NRS, PC1/50, 17-18.

2. The word ‘us’ scored out here.

3. Insertion.

Act, 9 October 1694, Edinburgh

Posted on by

At Edinburgh. Tuesday the 9th October 1694

A1694/10/61

Act

Liberation, Marr and Fordyce.

The Lords of their Majesties privy Council Doe herby give order and warrand to the magistrats of Edinburgh and keeper of their Tolbooth to set at Liberty furth therof Mr James Forbes, alias Marr and Robert Smith alias Fordyce, reputed to be preists and presently prisoner in the said Tolbooth, They first giving Bond and finding sufficient Caution acted in the books of privy Council, That they shall not goe beyond or to the other syd of the water of Forth so long as they remaine within this kingdome and that they shall depairt furth therof and transport themselves to the Netherlands betuixt and the fifteenth day of November nixt to come, wind and weather serving under the penalty of Five hunder pound sterlin a peice in cass they transgress in any parte of the premisses.

At Edinburgh. Tuesday the 9th October 1694

A1694/10/61

Act

Liberation, Marr and Fordyce.

The Lords of their Majesties privy Council Doe herby give order and warrand to the magistrats of Edinburgh and keeper of their Tolbooth to set at Liberty furth therof Mr James Forbes, alias Marr and Robert Smith alias Fordyce, reputed to be preists and presently prisoner in the said Tolbooth, They first giving Bond and finding sufficient Caution acted in the books of privy Council, That they shall not goe beyond or to the other syd of the water of Forth so long as they remaine within this kingdome and that they shall depairt furth therof and transport themselves to the Netherlands betuixt and the fifteenth day of November nixt to come, wind and weather serving under the penalty of Five hunder pound sterlin a peice in cass they transgress in any parte of the premisses.

0. NRS, PC1/50, 13.

1. NRS, PC1/50, 16-17.

0. NRS, PC1/50, 13.

1. NRS, PC1/50, 16-17.