Tag Archives: October

Order, 13 October 1692, Edinburgh

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Order

Recomendation Mr Lewis Dick

Anent the petitione Given in to the Lords of there majesties privie Councill be Mr Lewis Dick Shewing That whereas the petitioner is Incarcerat within the tolbooth of Edinburgh at the Instance of some of his creditors and is there detained not haveing the Least subsistance aither for himself or familie of young children And that throw the want of his Just and undoubted right of property upon the Lands of the Orknay wherein he stands Infeft and Confirmed under the Kings Great Seall And ratifyed by the Late King Charles his order for payment since the annexatione thereof to the croune Bot these three years bygone He Cannot have ane sixpence So that both he and his Children are reduced to the greatest extremity And now at this tyme By the Loss of his Liberty (the only mean under God whereby the Lyves of his Children are preserved) both he and they will shortly perish Except Remedie be provyded And therefore Craveing that the saids Lords would be pleased In Compassion to the petitioners conditione and to the perishing state of his young Infants would in this singular Case applye ane singular remedie And ordaine his Creditors At whose Instance he is Incarcerate aither to aliment him or sett him at Liberty Sieing he hath not the Least subsistance By want of his propertie now in the Kings possessione or otherwayes In Justice and Compassione to his conditione That there Lordships as representing the King in Scotland would cause him to get some of his oune Conforme to his right of property And severall orders from King Charles as aforsaid That so ane Gentleman (whose Grandfather Sir William Dick did chearfully expend his wholl opulent fortune for propagatione of religion and good of his countrey without any acknowledgement as yet) may not be forced to starve within the walls of ane prisone As the said petitione bears The Saids Lords of there Majesties privie Councill haveing heard this petition given in to them be the above Mr Lewis Dick They recomend to there majesties sollicitor to Informe himself how His majestie is debitor to the petitioner And in how much And report to the Lords of theasurie in november next And appoints the said petitioner to apply to the saids Lords at that tyme

At Edinburgh 13 October 1692

A1692/10/151

Order

Recommendation for Mr Lewis Dick

Concerning the petition given in to the lords of their majesties’ privy council by Mr Lewis Dick showing that whereas the petitioner is incarcerated within the tolbooth of Edinburgh at the instance of some of his creditors and is there detained not having the least subsistence either for himself or family of young children, and that through the want of his just and undoubted right of property upon the lands of the Orkney wherein he stands infeft and confirmed under the king’s great seal, and ratified by the late King Charles, his order for payment since the annexation thereof to the crown, but these three years bygone he cannot have one sixpence, so that both he and his children are reduced to the greatest extremity, and now at this time by the loss of his liberty (the only means under God whereby the lives of his children are preserved) both he and they will shortly perish except remedy be provided, and therefore craving that the said lords would be pleased in compassion to the petitioner’s condition and to the perishing state of his young infants would in this singular case apply a singular remedy and ordain his creditors at whose instance he is incarcerated either to aliment him or set him at liberty seeing he has not the least subsistence by want of his property now in the King’s possession or otherwise in justice and compassion to his condition that their lordships as representing the king in Scotland, would cause him to get some of his own conforming to his right of property And several orders from King Charles as aforesaid that so a gentleman (whose grandfather Sir William Dick did cheerfully expend his whole opulent fortune for propagation of religion and good of his country without any acknowledgement as yet) may not be forced to starve within the walls of a prison qs the said petition bears. The said lords of their majesties’ privy council having heard this petition given in to them by the above Mr Lewis Dick they recommend to their majesties’ solicitor to inform himself how his majesty is debitor to the petitioner, and in how much and report to the lords of treasury in November next, and appoints the said petitioner to apply to the said lords at that time.

1. PC1/48, 424-5.

1. PC1/48, 424-5.

Sederunt, 13 October 1692, Edinburgh

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Sederunt

Lord Chancellour; Earl of Melvill Lord privy seall; Earl of Drumlangrig; Earl of Linlithgow; Earl of Louthian; Lord Raith; Lord Cardross; Lord Beilhaven; Master of Forbes; Lord Hattoun; Lord Fountainhall; Lord Enstruther; Laird of Blackbarrony; Laird of Steivinstoun; Sir Thomas Livingstoun; Sir Patrick Murray

At Edinburgh 13 October 16921

A1692/10/142

Sederunt

[John Hay, earl of Tweeddale] Lord Chancellor; [George] earl of Melville, lord privy seal; [James Douglas] earl of Drumlanrig; [George Livingstone] earl of Linlithgow; [Robert Kerr] earl of Lothian; [Alexander Melville] Lord Raith; [Henry Erskine] Lord Cardross; [John Hamilton] Lord Belhaven; [William] master of Forbes; [Sir John Lauder] Lord Hatton; [Sir John Lauder] Lord Fountainhall; [William Anstruther] Lord Anstruther; [Sir Archibald Murray] laird of Blackbarony; [Sir Robert Sinclair] laird of Stevenson; Sir Thomas Livingston; Sir Patrick Murray

1. PC1/48, 424.

2. PC1/48, 424.

1. PC1/48, 424.

2. PC1/48, 424.

Warrant, 12 October 1692, Edinburgh

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Warrant

Warrand for seizeing Alexander Tait and Citeing John Broun

The Lords of there Majesties privie Councill doe hereby give order to the macers of Councill Instantly to seize upon and secure the persone of Alexander Tait skipper in Leith And to take him in Custodie untill he appear befor the Comittee of privie Councill this afternoon who are appoynted to Call the said Alexander Taitt Anent the skip and passengers therein Lately transported be him from this Kingdome to France with power to the Comittee to Committ the said Alexander to prisone If they find Cause And appoints the saids macers to Cite John Broun Skipper in Leith who is Informed to be Carryeing abroad a certain quantity of Lead to appear befor the Councill That he may give accompt how the said Lead is to be disposed of.

At Edinburgh 12 October 1692

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Warrant

Warrant for seizing Alexander Tait and Citing John Brown

The lords of their majesties’ privy council do hereby give order to the macers of council instantly to seize upon and secure the person of Alexander Tait, skipper in Leith, and to take him in custody until he appear before the committee of privy council this afternoon who are appointed to call the said Alexander Tait concerning the skip and passengers therein lately transported by him from this kingdom to France, with power to the committee to commit the said Alexander to prison if they find cause, and appoints the said macers to cite John Brown, skipper in Leith, who is informed to be carrying abroad a certain quantity of lead to appear before the council that he may give account how the said lead is to be disposed of.

1. PC1/48, 423-4.

1. PC1/48, 423-4.

Warrant, 12 October 1692, Edinburgh

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Warrant

Warrand for searching John Brouns ship

The Lords of there majesties privie Councill being Informed that John Broun Skipper in Leith hes certain Considerable quantityes of Lead aboord of his ship Lyeing in the road of Leith with which he is designeing to sett saill for France They hereby ordaine and requyre the water Bailzie of Leith to goe aboord of the said ship and search the same And to examine the Custome books anent the goods in the said ship And to report to the Councill the Cargo of the said ship And In the mean tyme To Arreist the said ship and Loadneing untill further order of Councill.

At Edinburgh 12 October 1692

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Warrant

Warrant for searching John Brown’s ship

The lords of their majesties’ privy council being informed that John Brown, skipper in Leith, has certain considerable quantities of lead aboard his ship lying in the road of Leith with which he is designing to set sail for France, they hereby ordain and require the water baillie of Leith to go aboard of the said ship and search the same, and to examine the custom books concerning the goods in the said ship and to report to the council the cargo of the said ship, and in the meantime to arrest the said ship and loading until further order of council.

1. PC1/48, 423.

1. PC1/48, 423.

Act, 12 October 1692, Edinburgh

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Act

Liberation Ninian Mercer

Anent the petitione Given in to the Lords of there Majesties privie Councill be Ninian Mercer ventner in Coldstream prisoner within the tolbooth of Edinburgh Shewing That where the petitioner haveing detained here in prisone be the space of ten weeks Because of some Letters most unfortunately directed to him (as the petitioner supposes) from a stranger that Lodged at his house in the begining of Junij Last whose name the petitioner knew not as hes more fullie appeared by the petitioners solemne declaratione mentioned in the supplicants petitione given to the saids Lords the last Councill day At which tyme the petitioner doubts not but there Lordships hade granted him Liberation If there hade been a Letter produced to there Lordships be there majesties sollicitor which he receaved when he came Last [to] Berwick and which the petitioner after Inspectione Knew to be from one David Vanerkine a dutch officer one of these who were Imployed be the petitioners sister in Law To assasinat the petitioner at his oune house Because he will not give to her the small heretage belonging to his father which she alleadges wes disponed to her be the petitioners eldest brother her husband who wes never Infeft And dyed Imediatly after the marriadge without children procreat And the petitioner Humbly beggs this unchristian and Inhumane Letter may be recorded in there Lordships books as a ground of accusatione on the one pairt and exculpatione on the other Because of the dismall and tragicall effects which such madd attempts may produce The petitioner being obleidged to defend himself againest such Illegall murdering assaults But the petitioner doeth not Imagine that the former Letters directed to him did come from that hand but rather from the hand of his unfortunate Guest After whose name The petitioner2 have made all enquirie Imaginable and upon the tuentie second day of September Last The petitioner wes Informed by Alexander Trotter present magistrat in Coldstream that after strict enqurie made be him at the petitioners desyre There is one Mistres Wyllie in Coldstream (that came from Ireland) who knew him verie well And that she declares his name to be James Dunlop ane Irish Gentleman This is all that the petitioner can say more then he hes formerly declared upon oath to the saids Lords And the petitioner Receaveing much prejudice Both anent his health familie and effairs not haveing whereupon to mantaine himself here and his familie at3 home And it being Impossible for any man to secure himself againest the directiones of Letters from wicked or foolish persones And therefore Craveing that there Lordships would be pleased In Consideratione of the premises To grant warrand to the magistrats of Edinburgh to cause Liberate the petitioner or if the saids Lords (as God forbid) be not pleased as yet to sett the petitioner at Libertie That such allowance of aliment may be granted dureing the petitioners confynement as there Lordships thinks fitt to modifie As the said petitione bears The Saids Lords of there Majesties privie Councill Haveing Considered this petitione given in to them be the above Ninian Mercer They hereby Give order and warrand to the magistrats of Edinburgh and Keeper of there tolbooth to sett at Libertie the petitioner In respect he hes found Cautione acted in the books of privie Councill that he shall Live peaceably under and with all submissione to the present government of there majestyes 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 when called for under the penalty of Fyve Hundreth merks scotts money In case he shall transgress in any pairt of the premises.

At Edinburgh 12 October 1692

A1692/10/111

Act

Liberation of Ninian Mercer

Concerning the petition given in to the lords of their majesties’ privy council by Ninian Mercer, ventner in Coldstream, prisoner within the tolbooth of Edinburgh, showing that where the petitioner having detained here in prison by the space of ten weeks because of some letters most unfortunately directed to him (as the petitioner supposes) from a stranger that lodged at his house in the beginning of June last whose name the petitioner knew not, as has more fully appeared by the petitioner’s solemn declaration mentioned in the supplicant’s petition given to the said lords the last council day at which time the petitioner doubts not but their lordships had granted him liberation if their had been a letter produced to their lordships by their majesties’ solicitor which he received when he came last to Berwick and which the petitioner after inspection knew to be from one David Vanerkine, a Dutch officer, one of those who were employed by the petitioner’s sister in law to assassinate the petitioner at his own house because he will not give to her the small heritage belonging to his father which she alleges was disponed to her by the petitioner’s eldest brother her husband, who was never infeft and died immediately after the marriage without children procreate, and the petitioner humbly begs this unchristian and inhumane letter may be recorded in their lordships’ books as a ground of accusation on the one part and exculpation on the other, because of the dismal and tragical effects which such mad attempts may produce the petitioner being obliged to defend himself against such illegal murdering assaults, but the petitioner does not imagine that the former letters directed to him did come from that hand but rather from the hand of his unfortunate guest after whose name the petitioner have made all enquiry imaginable and upon the twenty second day of September last, the petitioner was informed by Alexander Trotter, present magistrate in Coldstream, that after strict enquiry made by him at the petitioner’s desire there is one Mistress Wyllie in Coldstream (that came from Ireland) who knew him very well, and that she declares his name to be James Dunlop, an Irish gentleman, this is all that the petitioner can say more than he has formerly declared upon oath, to the said lords, and the petitioner receiving much prejudice both concerning his health, family and affairs not having whereupon to maintain himself here and his family at home, and it being impossible for any man to secure himself against the directions of letters from wicked or foolish persons, and therefore craving that their lordships would be pleased in consideration of the premises to grant warrant to the magistrates of Edinburgh to cause liberate the petitioner or if the said lords (as God forbid) be not pleased as yet to set the petitioner at liberty that such allowance of aliment may be granted during the petitioner’s confinement as their lordships thinks fit to modify, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Ninian Mercer, they hereby give order and warrant to the magistrates of Edinburgh and keeper of their tolbooth, to set at liberty the petitioner in respect he has found caution acted in the books of privy council that he shall live peaceably under and with all submission to the present government of their majesties’ King William and Queen Mary, and that he shall not act, consult or contrive anything in prejudice thereof, nor shall converse with rebels, and that he shall appear before the said lords of privy council when called for under the penalty of five hundred merks scots money in case he shall transgress in any part of the premises.

1. PC1/48, 422-3.

2. ‘The petitioner’ inserted above the line.

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

1. PC1/48, 422-3.

Warrant, 12 October 1692, Edinburgh

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Warrant

Warrand and Liberty to Earl Buchan and Viscount of Frendraught

The Lords of there Majesties privie Councill doe hereby authorize and allow Leivetennent Colonell Erskine Leivetennent Governour of the Castle of Stirling To Grant such Liberty to the Earle of Buchan and Viscount of Frendraught presently prisoners in the said Castle as he shall think fitt The said Leivetennent Collonell being alwayes ansuerable for the said Custody of the saids prisoners.

At Edinburgh 12 October 1692

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Warrant

Warrant and Liberty to the Earl of Buchan and Viscount of Frendraught

The lords of their majesties’ privy council do hereby authorize and allow Lieutenant Colonel Erskine, lieutenant governor of the castle of Stirling, to grant such liberty to [William Erskine] Earl of Buchan and [Lewis Crichton] Viscount Frendraught, presently prisoners in the said Castle, as he shall think fit, the said lieutenant colonel being always answerable for the said custody of the said prisoners.

1. PC1/48, 421-2.

1. PC1/48, 421-2.

Warrant, 12 October 1692, Edinburgh

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Warrant

Warrand for transporting Sir Robert Hamilton from Haddingtoun to Edinburgh tolbooth

The Lords of there Majesties privie Councill do hereby recomend to Sir Thomas Livingstoun Commander in cheiff of there majesties forces within this Kingdome To Cause transport the persone of Sir Robert Hamiltoune (who is seized for alleadged being present at publishing of a disloyall paper or declaratione at the Croce of Sanquhair And which he being examined upon declyned to make any positive ansuer) from the tolbooth of Haddingtoun to the tolbooth of Edinburgh under a sufficient guaird And ordaines the magistrats of Haddingtoun and Keeper of there tolbooth To delyver the said Sir Robert to the said guaird and the Magistrats of Edinburgh and keeper of there tolbooth to receave him from them And to detaine him Closs prisoner in Edinburgh tolbooth And suffer no persone to have access to or Converse with the said Sir Robert Except Sir Archibald Muir of Thornetoun and Mr William Aikman of Cairnie advocat allenarly which tuo persones are to have free access to the said Sir Robert at there pleasure or any others haveing there warrand as persones well affected to the government.

At Edinburgh 12 October 1692

A1692/10/91

Warrant

Warrant for transporting Sir Robert Hamilton from Haddington to Edinburgh tolbooth

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 transport the person of Sir Robert Hamilton (who is seized for alleged being present at publishing of a disloyal paper or declaration at the cross of Sanquhar and which he being examined upon declined to make any positive answer) from the tolbooth of Haddington to the tolbooth of Edinburgh, under a sufficient guard, and ordain the magistrates of Haddington and keeper of their tolbooth, to deliver the said Sir Robert to the said guard and the magistrates of Edinburgh and keeper of their tolbooth, to receive him from them, and to detain him close prisoner in Edinburgh tolbooth, and suffer no person to have access to or converse with the said Sir Robert, except Sir Archibald Muir of Thorneton and Mr William Aikman of Cairnie advocate only which two persons are to have free access to the said Sir Robert at their pleasure or any others having their warrant as persons well affected to the government.

1. PC1/48, 421.

1. PC1/48, 421.

Act, 12 October 1692, Edinburgh

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Act

Act Walkenshawes against Campbell

Anent the petitione given in to the Lords of there Majesties privie Councill be William and James Wakenshawes merchands in Glasgow and the tacksmen of there majesties Customes for there Interest Shewing That where the saids Lords by there Commission of the date the tenth day of Junij last Gave power and Commission to Hugh Campbell maister of the ship or friggot Called the Elizabeth of Arguyll To Seize upon burne sink and destroy the ships and goods of the French or the ships barks and goods of any of the Inhabitants of the Countreyes belonging to the French King Yet the said Hugh Campbell hes so farr malversed in the exercise of the said Commissione and abused the power therein granted to him That he hes seized upon a small vessell Loaden with brandie of scotts build and sailled by and belonging to Scotts men which can be no Less then ane open piracie The ship being at achor in Lochrayen whereby both the saids Lords there authority is made a Cloak of oppressione and the Interest of privat pairtyes highly prejudged His Majesties revenue damnified and all trade and policie of this Natione discouradged And for which verie crymes There Lordships Imprisoned one2 Captain of ane English man of warr untill he made full restitutione And therefore Craveing that the saids Lords would be pleased In consideration of the premises to ordaine the said Hugh Campbell Comander of the said friggot To desist from troubleing of the said ship seized upon be him belonging to the said petitioners or any other ships belonging to this Kingdome there seamen Cargo and goods And that the said ship may be suffered peaceablie to goe on her voyadge to Port Glasgow And If nead beis the petitioners are content to find Cautione for the said ship and Cargo to make the samen furthcomeing for all Concerned As the said petitione bears The Saids Lords of there Majesties privie Councill haveing considered this petitione given in to them be the above William and James Wakenshawes and tacksmen They Grant the desyre thereof And ordains Letters to be direct at the petitioners Instance for Citeing of the above Heugh Campbell To Compear befor there Lordships the first Councill day in November next That he may ansuer befor there Lordships how he hath exercised his Commissione in this matter and to ansuer to what may be Laid to his charge And appoynts the petitioners to Find Cautione In maner abovewritten and superceeds any further exercise and use of the said Commissione untill his appeareance befor the Councill And ordaines Letters of horning andc.

At Edinburgh 12 October 1692

A1692/10/81

Act

Act for the Walkenshaws against Campbell

Concerning the petition given in to the lords of their majesties’ privy council by William and James Wakenshaw, merchants in Glasgow, and the tacksmen of their majesties’ customs for their interest showing that where the said lords by their commission of the date the tenth day of June last gave power and commission to Hugh Campbell, master of the ship or frigate called the Elizabeth of Argyll, to seize upon, burn, sink and destroy the ships and goods of the French or the ships, barks and goods of any of the inhabitants of the countries belonging to the French king yet the said Hugh Campbell has so far malversed in the exercise of the said commission and abused the power therein granted to him, that he has seized upon a small vessel loaded with brandy, of Scots build and sailed by and belonging to Scotsmen, which can be no less than an open piracy, the ship being at anchor in Lochryan whereby both the said lords their authority is made a cloak of oppression and the interest of private parties highly prejudged his majesty’s revenue damnified and all trade and policy of this nation discouraged, and for which very crimes their lordships imprisoned one captain of an English man of war until he made full restitution, and therefore craving that the said lords would be pleased in consideration of the premises to ordain the said Hugh Campbell, commander of the said frigate, to desist from troubling of the said ship seized upon by him belonging to the said petitioners, or any other ships belonging to this kingdom their seamen, cargo and goods, and that the said ship may be suffered peaceably to go on her voyage to Port Glasgow, and If need be the petitioners are content to find caution for the said ship and cargo to make the same furthcoming for all concerned as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above William and James Wakenshaw and tacksmen they grant the desire thereof, and ordain letters to be directed at the petitioners’ instance for citing of the above Hugh Campbell to compear before their lordships the first council day in November next, that he may answer before their lordships how he has exercised his commission in this matter and to answer to what may be laid to his charge and appoints the petitioners to find caution in manner above written and supersedes any further exercise and use of the said commission until his appearance before the council and ordain Letters of horning etc.

1. PC1/48, 420-21.

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

1. PC1/48, 420-21.

Sederunt, 12 October 1692, Edinburgh

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A1692/10/72

Sederunt

Lord Chancellour; Earl of Melvill Lord privy seall; Earl of Drumlangrig; Earl of Linlithgow; Earl of Lothian; Lord Raith; Lord Cardross; Lord Beilhaven; Master of Forbes; Lord Fountainhall; Lord Enstruther; Laird of Stevinstoun; Sir Thomas Livingstoun; Sir William Lockhart; Sir Patrick Murray

At Edinburgh 12 October 16921

A1692/10/72

Sederunt

[John Hay, earl of Tweeddale] Lord Chancellor; [George] earl of Melville, lord privy seal; [James Douglas] earl of Drumlanrig; [George Livingstone] earl of Linlithgow; [Robert Kerr] earl of Lothian; [Alexander Melville] Lord Raith; [Henry Erskine] Lord Cardross; [John Hamilton] Lord Belhaven; [William] master of Forbes; [Sir John Lauder] Lord Fountainhall; [William Anstruther] Lord Anstruther; [Sir Robert Sinclair] laird of Stevenson; Sir Thomas Livingston; Sir William Lockhart; Sir Patrick Murray

1. PC1/48, 420.

2. PC1/48, 420.

1. PC1/48, 420.

2. PC1/48, 420.

Procedure: committee, 11 October 1692, Edinburgh

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A1692/10/61

Procedure: committee

Comittee anent winter quarters to the forces and the Bass

The Lords of there Majesties privie Councill haveing heard a List of winter quarters to there majesties forces for this year Given in them be Sir Thomas Livingstoun Comander in cheiff of there majesties forces within this Kingdome read in there presence They hereby recomend to the Lord Raith Theasurer deput The Lord Cardross The Lord Beilhaven and the Lords Fountainhall and Enstruther and the said Sir Thomas Livingstoun or any […] of them To Considder the forsaid List and if it be neadfull to alter any pairt thereof And how the same is to be altered And to Consider how there majestyes forces horse and dragoons may be Conveniently provyded in Corne Hay and straw for the Ensueing winter And Lykewayes to Consider what course is to be taken for blocking up the rebells that are in the Bass and for secureing againest what prejudice may be done by them aither by sea or Land And recomends to this Comittee to meet this day at three in the afternoon and to make there report to the Councill at there next meeting.

At Edinburgh 11 October 1692

A1692/10/61

Procedure: committee

Committee concerning winter quarters to the forces and the Bass

The lords of their majesties’ privy council having heard a list of winter quarters to their majesties’ forces for this year given in them by Sir Thomas Livingston, commander in chief of their majesties’ forces within this kingdom read in their presence, they hereby recommend to the Lord Raith, treasurer deput, the Lord Cardross, the Lord Belhaven and the lords Fountainhall and Anstruther and the said Sir Thomas Livingston or any […] of them, to consider the forsaid list and if it be neadfull to alter any part thereof, and how the same is to be altered and to consider how their majesties’ forces, horse and dragoons, may be conveniently provided in corn, hay and straw for the ensuing winter, and likewise to consider what course is to be taken for blocking up the rebels that are in the Bass and for securing against what prejudice may be done by them either by sea or land, and recommends to this committee to meet this day at three in the afternoon and to make their report to the council at their next meeting.

1. PC1/48, 419-20.

1. PC1/48, 419-20.