Tag Archives: October

Decreet, 25 October 1692, Edinburgh

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A1692/10/251

Decreet

Interloquitor Walkingshawes etc against Campbell

The Lords of there majesties privie Councill Haveing Considered the bill of suspensione Given in to them be the Earle and Countess of Arguyll and Captain Hugh Campbell Together with a petitione be William and James Walkinshawes Compleaning that they hade requyred the said Captain Campbell suspender Conforme to the order of Councill of the daitt the tuelth day of october Instant And he refused to delyver back the ship mentioned in the said order with ane Instrument produced for Instructing thereof And a petitione be the Earle and Countess of Arguyll and Captain Campbell by way of ansuer to the said William and James Walkinshawes chargers there petitione They hereby Refuse the said bill of suspensione And In respect of the Contempt showen by Captain Campbell to the Councills former order The saids Lords ordaines him perremptorly upon sight hereof To delyver back to the saids chargers the said ship tackleing attyre with the Crew seamen and Loadneing in as good case and Conditione as the same wes the tyme of the seizeing thereof And to suffer the said ship to goe on peaceablie in her voyadge to Port Glasgow And ordaines heraulds and pursevants with there Coatts displayed to pass upon the expenses of the saids William and James Walkinshawes and to Charge and requyre the said Hugh Campbell for that effect as he will be ansuerable at his highest perrill The saids William and James Walkingshawes charges alwayes befor extracting hereof finding sufficient Cautione acted in the books of privie Councill that the skipper mate and Crew of the ship seized shall appear befor the Lords of privie Councill upon the tenth day of November next under the penaltie of Fiftie pound sterling for each of the said skipper and mate a piece and Tuentie pound sterling for each of the Crew a piece And grants warrand to the said William and James Walkinshawes If they soe need to seize and secure the persones of the saids skipper mate and Crue where they may be apprehended and Comitt them to prisone till they appear befor the saids Lords of privie Councill as said is And the saids Lords doe hereby ordaine the said Captain Campbell to attend the Councill as is appoynted by the Letters alreadie raised And superceeds the Comission granted to him untill he appear befor the Councill in maner specifyed in the saids Letters

At Edinburgh 25 October 1692 (am)

A1692/10/251

Decreet

Interlocutor for Walkingshaws etc against Campbell

The lords of their majesties’ privy council having considered the bill of suspension given in to them by the earl and countess of Argyll and Captain Hugh Campbell, together with a petition by William and James Walkinshaw complaining that they had required the said Captain Campbell suspender conforming to the order of council of the date the twelfth day of October instant, and he refused to deliver back the ship mentioned in the said order, with an instrument produced for instructing thereof, and a petition by the earl and countess of Argyll and Captain Campbell by way of answer to the said William and James Walkinshaw chargers their petition, they hereby refuse the said bill of suspension, and in respect of the contempt shown by Captain Campbell to the council’s former order, the said lords ordain him peremptorily, upon sight hereof, to deliver back to the said chargers the said ship, tackling attire with the crew, seamen and loading in as good case and condition as the same was the time of the seizing thereof, and to suffer the said ship to go on peaceably in her voyage to Port Glasgow, and ordain heralds and pursevants with their coats displayed to pass upon the expenses of the said William and James Walkinshaw and to charge and require the said Hugh Campbell for that effect, as he will be answerable at his highest peril, the said William and James Walkinshaw charges always before extracting hereof finding sufficient caution acted in the books of privy council, that the skipper, mate and crew of the ship seized shall appear before the lords of privy council upon the tenth day of November next under the penalty of fifty pounds sterling for each of the said skipper and mate a piece, and twenty pounds sterling for each of the crew a piece, and grant warrand to the said William and James Walkinshaw, if they so need, to seize and secure the persons of the said skipper, mate and crew where they may be apprehended and commit them to prison until they appear before the said lords of privy council as said is, and the said lords do hereby ordain the said Captain Campbell to attend the council as is appointed by the letters already raised, and supersedes the commission granted to him until he appears before the council in manner specified in the said letters

1. PC1/48, 429.

1. PC1/48, 429.

Procedure: committee, 25 October 1692, Edinburgh

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A1692/10/241

Procedure: committee

Comittee anent Lodgings to Sir William Hope

The Lords of there majesties privie Councill haveing heard a petitione given in to them [by] Sir William Hope of Kirklistoun anent his Lodgings or apairtment in the Castle of Edinburgh They hereby recomend to Sir William Lockhart there Majesties Sollicitor and Sir Patrick Murray to Inspect the Lodgings in the Castle belonging to the Garisone and to report to the Councill what pairt of these Lodgings were in use to be possest be the former deputie governours And what case the same are in.

At Edinburgh 25 October 1692 (am)

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Procedure: committee

Committee concerning Lodgings for Sir William Hope

The lords of their majesties’ privy council having heard a petition given in to them by Sir William Hope of Kirkliston concerning his lodgings or apartment in the castle of Edinburgh they hereby recommend to Sir William Lockhart their majesties’ solicitor, and Sir Patrick Murray to inspect the lodgings in the castle belonging to the garrison and to report to the council what part of these lodgings were in use to be possessed by the former deputy governors and what case the same are in.

1. PC1/48, 428-9.

1. PC1/48, 428-9.

Sederunt, 25 October 1692, Edinburgh

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Sederunt

Lord Chancellour; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Master of Forbes; Lord Hattoun; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

At Edinburgh 25 October 1692 (am)1

A1692/10/232

Sederunt

[John Hay, earl of Tweeddale] Lord Chancellor; [George Livingstone] earl of Linlithgow; [Robert Kerr] earl of Lothian; [Archibald Douglas] earl of Forfar; [William] master of Forbes; [Sir John Lauder] Lord Hatton; [Sir John Maxwell] laird of Pollock; Sir William Lockhart; Sir Patrick Murray

1. PC1/48, 428.

2. PC1/48, 428.

1. PC1/48, 428.

2. PC1/48, 428.

Commission by the council, 13 October 1692, Edinburgh

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Commission by the council

Comission for tryeing and Judgeing Paull Cleroch

The Lords of there majesties privie Councill Being Informed that Paull Cleiroch is guiltie of Notorious thifts and robberyes And that he is Comitted prisoner to the tolbooth of […] for the same and the saids Lords Considering that the said Paull Cannot be tryed and Judged by any persone in the Countrie without warrand and Commissione from there Lordships for that effect and that it will cost charge and expenses and severall Inconveniences may aryse In bringing the said Paull to this place In order to a tryall befor the Lords of Justiciarie And being desyrous that the matter be brought to a tryall And the said Paull If guiltie may receave condigne punishment and others may be deterred from Committing the Lyke in tyme comeing They hereby Give Full power warrand and Commissione to James Drumond of Gairdrum stewart deput of the stewartrie of Stratherne to take tryall of and to Judge and doe Justice upon the said Paull Cleiroch and in order thereto to meet att […] the […] day of […] and there to accept of this present Comission and upon his acceptance to administrate the oath of fidelitie to the persone whom James Montgomerie of Langshaw Clerk to the Justice court shall deput and substitute to be clerk to this present Comission And If the said James Montgomerie being requyred shall neglect or delay to deput and substitute a Clerk as said is with power to the said James Drummond to choise his oune Clerk For whom he shall be ansuerable with power Lykewayes to the said James Drumond hereby Comissionat to creat make and constitute serjeants dempsters and other members of the said court And to Issue out and Cause raise precepts or Lybells of Indytement at the Instance of […] procurator Fiscall for his majesties Interest in the said matter againest the said Paull Cleiroch for summonding and Citeing him the assysers and witnesses in the ordinarie maner and under the usuall pains and Certificationes To Compear befor the said Stewart deput hereby Comissionat att […] the […] day of […] with power also to him to amerciat and fyne the absent assysers and witnesses And the amerciaments and fynes to uplift for his oune use and behoove And to adjourne himself from tyme to tyme To the effect The pannell being fully heard The said Stewart deput may Judge and determine the relevancie of the Lybell and to call ane Inqueist of Fourtie Fyve persones who are to be Cited on the assysse of the said Paull Cleiroch And out of that number choise ane assyse of Fyftein And to administrat to them the ordinarie oath in the usuall termes And with power also to the said stewart deput to examine the witnesses to be cited In presence of the said pannell and sworne Inqueist upon the points that shall be admitted to probatione And thereafter to remit the said Lybell and Interloquitor to be given be him anent the relevancie thereof And the depositiones of the witnesses to be taken In maner forsaid to the knowledge of the said Inqueist and assyse whom they Appoint to elect a Chancellor or president with a Clerk and after reading and peruseall of the said Indytement to be pronunces thereon and depositiones of the winesses to be taken In presence of the said pannell and assyse To find the Lybell proven againest the said pannell or to assoilzie him according to Law and as they will be ansuerable to God and a Good Conscience That they draw up there verdict accordingly and delyver the samen sealled by the hand of there Chancellour or president to the said stewart deput whom they hereby authorize and Commissionat to advyse the haill process and verdict of the Inqueist with the depositioning of the witnesses And to give and pronunce sentence Condemnator or absolvitor in the said matter according to Justice And in case the stewart deput shall find the pannell Guiltie of the Crymes Laid to his charge with power to the said stewart deput to decerne and adjudge him to be hanged or otherwayes to be execute within such space and after such maner as he shall think fitt And Generallie with power to the said stewart deput to act doe and performe all and sundrie things whatsomever competent and Incumbent to be acted done and performed by any Comissioners of Justiciarie hitherto nominate and appoynted by the saids Lords of privie Councill Given at Edinburgh the thretteint day of october Jaj vjc and nyntie tuo years sic subscribitur Tweeddale Cancel. Drumlangrig Beilhaven William Master of Forbes William Anstruther Archibald Murray Thomas Livingstoun William Lockhart Patrick Murray

At Edinburgh 13 October 1692

A1692/10/221

Commission by the council

Commission for trying and Judging Paul Cleroch

The lords of their majesties’ privy council being informed that Paull Cleiroch is guiltie of Notorious thifts and robberyes And that he is Comitted prisoner to the tolbooth of […] for the same and the saids Lords Considering that the said Paull Cannot be tryed and Judged by any persone in the Countrie without warrand and Commissione from there Lordships for that effect and that it will cost charge and expenses and severall Inconveniences may aryse In bringing the said Paull to this place In order to a tryall befor the Lords of Justiciarie And being desyrous that the matter be brought to a tryall And the said Paull If guiltie may receave condigne punishment and others may be deterred from Committing the Lyke in tyme comeing They hereby Give Full power warrand and Commissione to James Drumond of Gairdrum stewart deput of the stewartrie of Stratherne to take tryall of and to Judge and doe Justice upon the said Paull Cleiroch and in order thereto to meet att […] the […] day of […] and there to accept of this present Comission and upon his acceptance to administrate the oath of fidelitie to the persone whom James Montgomerie of Langshaw Clerk to the Justice court shall deput and substitute to be clerk to this present Comission And If the said James Montgomerie being requyred shall neglect or delay to deput and substitute a Clerk as said is with power to the said James Drummond to choise his oune Clerk For whom he shall be ansuerable with power Lykewayes to the said James Drumond hereby Comissionat to creat make and constitute serjeants dempsters and other members of the said court And to Issue out and Cause raise precepts or Lybells of Indytement at the Instance of […] procurator Fiscall for his majesties Interest in the said matter againest the said Paull Cleiroch for summonding and Citeing him the assysers and witnesses in the ordinarie maner and under the usuall pains and Certificationes To Compear befor the said Stewart deput hereby Comissionat att […] the […] day of […] with power also to him to amerciat and fyne the absent assysers and witnesses And the amerciaments and fynes to uplift for his oune use and behoove And to adjourne himself from tyme to tyme To the effect The pannell being fully heard The said Stewart deput may Judge and determine the relevancie of the Lybell and to call ane Inqueist of Fourtie Fyve persones who are to be Cited on the assysse of the said Paull Cleiroch And out of that number choise ane assyse of Fyftein And to administrat to them the ordinarie oath in the usuall termes And with power also to the said stewart deput to examine the witnesses to be cited In presence of the said pannell and sworne Inqueist upon the points that shall be admitted to probatione And thereafter to remit the said Lybell and Interloquitor to be given be him anent the relevancie thereof And the depositiones of the witnesses to be taken In maner forsaid to the knowledge of the said Inqueist and assyse whom they Appoint to elect a Chancellor or president with a Clerk and after reading and peruseall of the said Indytement to be pronunces thereon and depositiones of the winesses to be taken In presence of the said pannell and assyse To find the Lybell proven againest the said pannell or to assoilzie him according to Law and as they will be ansuerable to God and a Good Conscience That they draw up there verdict accordingly and delyver the samen sealled by the hand of there Chancellour or president to the said stewart deput whom they hereby authorize and Commissionat to advyse the haill process and verdict of the Inqueist with the depositioning of the witnesses And to give and pronunce sentence Condemnator or absolvitor in the said matter according to Justice And in case the stewart deput shall find the pannell Guiltie of the Crymes Laid to his charge with power to the said stewart deput to decerne and adjudge him to be hanged or otherwayes to be execute within such space and after such maner as he shall think fitt And Generallie with power to the said stewart deput to act doe and performe all and sundrie things whatsomever competent and Incumbent to be acted done and performed by any Comissioners of Justiciarie hitherto nominate and appoynted by the saids Lords of privie Councill Given at Edinburgh the thretteint day of october Jaj vjc and nyntie tuo years sic subscribitur Tweeddale Cancel. Drumlangrig Beilhaven William Master of Forbes William Anstruther Archibald Murray Thomas Livingstoun William Lockhart Patrick Murray

1. PC1/48, 426-8.

1. PC1/48, 426-8.

Order, 13 October 1692, Edinburgh

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A1692/10/211

Order

Recomendatione anent furnishing of troops

The Lords of there Majesties privie Councill doe hereby appoint the Commissioners of Supplie within the severall shyres of this Kingdome when ever any of there majesties troops of horse or dragoons shall come to be quartered in there bounds That they appoint Comissiares who shall Cause furnish magazines of corne and straw for the use of the said troops and take care that the troops be furnished out of the Magazines at the rates to be Imposed in the termes of the act of parliament upon payment of readie money And Recomends to the Lord High Chancellour to wreitt to the secretaries of state to know If his majestie will be pleased to order the Lords of Theasurie to agree with and give a Competent allowance for payeing of the Commissaries yearly whereby the Countrey will be much eased and the forces better and more tymouslie furnished.

At Edinburgh 13 October 1692

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Order

Recommendation concerning the furnishing of troops

The lords of their majesties’ privy council do hereby appoint the commissioners of supply within the several shires of this kingdom whenever any of their majesties’ troops of horse or dragoons shall come to be quartered in their bounds, that they appoint commissaries who shall cause furnish magazines of corn and straw for the use of the said troops, and take care that the troops are furnished out of the magazines at the rates to be imposed in the terms of the act of parliament, upon payment of ready money, and recommends to the Lord High Chancellor to write to the secretaries of state to know if his majesty will be pleased to order the lords of treasury to agree with and give a competent allowance for paying of the commissaries yearly whereby the country will be much eased and the forces better and more timeously furnished.

1. PC1/48, 426.

1. PC1/48, 426.

Procedure: committee, 13 October 1692, Edinburgh

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Procedure: committee

Comittee anent severall prisoners

The Lords of there Majesties privie Councill doe hereby recomend to the Comittee formerly appointed for examining Thomas Mitchell Abraham Black and John Hunter seamen John Clerk and Alexander Halyday in Galloway Mathew Latimer and James Johnstoun in Annandaill to meet this afternoon and examine the saids persones with power to the said Comittee to sett at Liberty such of the saids persones as they shall see cause to Liberate.

At Edinburgh 13 October 1692

A1692/10/201

Procedure: committee

Committee concerning several prisoners

The lords of their majesties’ privy council do hereby recommend to the committee formerly appointed for examining Thomas Mitchell, Abraham Black and John Hunter seamen, John Clerk and Alexander Halliday in Galloway, Matthew Latimer and James Johnston in Annandale, to meet this afternoon and examine the saids persons with power to the said committee to set at liberty such of the saids persons as they shall see cause to liberate.

1. PC1/48, 426.

1. PC1/48, 426.

Procedure: committee, 13 October 1692, Edinburgh

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Procedure: committee

Comittee anent the Bass

The Lords of there Majesties privie Councill doe hereby recomend to the Comittee formerly appointed anent the Bass To meet with the Lord High Chancellour at such dyetts as his Lordship shall appoint to deliberate further in that matter And in the mean tyme superceeds the signeing or extracting any order upon the report of the said Comittee untill the said Comittee meet with the Lord Chancellour.

At Edinburgh 13 October 1692

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Procedure: committee

Committee concerning the Bass

The lords of their majesties’ privy council do hereby recommend to the committee formerly appointed concerning the Bass to meet with the Lord High Chancellor at such diets as his lordship shall appoint to deliberate further in that matter, and in the meantime supersedes the signing or extracting of any order upon the report of the said committee until the said committee meet with the Lord Chancellor.

1. PC1/48, 426.

1. PC1/48, 426.

Order, 13 October 1692, Edinburgh

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Order

Recomendatione to quarter tuo troops of horse at Drumfreiss

The Lords of there majesties privie Councill doe hereby Recomend to Sir Thomas Livingstoun Comander in cheiff of there majesties forces within this Kingdome To cause quarter tuo troops of horse or dragoons at Drumfreiss for securitie of the peace of that2 Countrey untill the Councill meet in November next.

At Edinburgh 13 October 1692

A1692/10/181

Order

Recommendation to quarter two troops of horse at Dumfries

The lords of their majesties’ privy council do hereby recommend to Sir Thomas Livingston, commander in chief of their majesties’ forces within this kingdom, to cause quarter two troops of horse or dragoons at Dumfries for security of the peace of that country until the council meet in November next.

1. PC1/48, 426.

2. The word ‘place’ **scored out here.**

1. PC1/48, 426.

Procedure: committee, 13 October 1692, Edinburgh

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Procedure: committee

Comittee for Considering reports anent ministers not praying for there majesties

The Lords of there Majesties privie Councill doe hereby recomend to the Lord Raith theasurer deput Lord Enstruther and laird of Blackbarronie to Considder the reports given in be the severall shyres and burghes of this Kingdome anent ministers not prayeing for there majesties King William and Queen Mary And to prepare a proclamatione whereby the Councill (conforme to the power given to them by the act of parliament) Commissionats the shirreffs of shyres and there deputs and others magistrats to put in executione the act of parliament made anent such ministers in the same way as the Councill might have done and appoints the Clerks to present the said proclamatione to the Councill at there first meeting in November next.

At Edinburgh 13 October 1692

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Procedure: committee

Committee for Considering reports concerning ministers not praying for their majesties

The lords of their majesties’ privy council do hereby recommend to the Lord Raith treasurer deput, Lord Anstruther and laird of Blackbarony to consider the reports given in by the several shires and burghs of this kingdom concerning ministers not praying for their majesties King William and Queen Mary, and to prepare a proclamation whereby the council (conforming to the power given to them by the act of parliament) commissioned the sheriffs of shires and their deputies and other magistrates to put in execution the act of parliament made concerning such ministers in the same way as the council might have done, and appoint the clerks to present the said proclamation to the council at their first meeting in November next.

1. PC1/48, 425.

1. PC1/48, 425.

Procedure: committee, 13 October 1692, Edinburgh

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Procedure: committee

Comittee anent John Broun and Alexander Taitt

The Lords off there Majesties privie Councill being Informed by there macers who by order of Councill of yesterdayes daitt were appointed to Cite John Broun Skipper in Leith And to seize Alexander Taitt skipper That the said John Broun wes sailled from this Firth with his ship befor the order of Councill wes Emitted And that Alexander Tait haveing absconded himself Cannot be found The saids doe hereby recomend to Sir William Lockhart there majesties sollicitor and Sir Patrick Murray to take tryall and Examine such persones as they shall think fitt both anent the said John Broun and his ship and Loadneing and particularly Brouns ouners and merchands And also anent the said Alexander Tait what is become of him and his ship In which he Carryed Cannan and Buchan to France And to when bond wes granted for the safe returne of his ship and where that bond is with power to the said Comittee to Comitt the said Alexander being apprehended being apprehended2 If they shall find cause to remain prisoner till this effair be reported to the Councill in November next.

At Edinburgh 13 October 1692

A1692/10/161

Procedure: committee

Committee concerning John Brown and Alexander Tait

The lords of their majesties’ privy council being informed by their macers who by order of council of yesterday’s date were appointed to cite John Brown, skipper in Leith, and to seize Alexander Tait, skipper, that the said John Brown was sailed from this Firth with his ship before the order of council was emitted and that Alexander Tait, having absconded himself, cannot be found, the said do hereby recommend to Sir William Lockhart, their majesties’ solicitor, and Sir Patrick Murray to take trial and examine such persons as they shall think fit both concerning the said John Brown and his ship and loading, and particularly Brown’s owners and merchants, and also concerning the said Alexander Tait what is become of him and his ship, in which he carried [Alexander] Cannon and [William Erskine, earl of] Buchan to France, and to when bond was granted for the safe return of his ship and where that bond is, with power to the said committee to commit the said Alexander being apprehended if they shall find cause to remain prisoner until this affair is reported to the council in November next.

1. PC1/48, 425.

2. Sic.

1. PC1/48, 425.