Tag Archives: September

Decreet, 7 September 1693, Edinburgh

Posted on by

Edinburgh the Seventh of September Jaj vjc nyntie thrie years, ante meridiem

D1693/9/81

Decreet

Decreet and Liberation Bosswall of Balmoutto.

Anent our Soveraigne Lord and Ladies letters persewed before the Lords of their majesties privy Councill at the instance of Sir James Stewart ther majesties advocat as he who by the Lords of privy Councill their warrand of the twentie Eight of Aprill Last is appointed to raise and follow farder the Lybell making mention That quher by the Lawes of this and all other weell governed nationes and by severall Lawes and acts of parliament of this kingdome the assaulting invadeing and putting violent hands to any man are forbiden as crymes and greatly agravat according to the crymes places and Circumstances of the deeds, And ought to be punished Lykeas by the act of parliament James 6th parliament first Caput Eightein, It is statue that no man Shoot with or wear guns under the paine of Cutting of ther hand, Except men of warr in actuall pay and others excepted in the act, And by the act James Sixth parliament Sixtein Caput fourth It is expressly Ordained that if any invade or pursue any of his Majesties privy Councill or officer, it being verified (which is and ought to be presumed when no other cause motive or occasion can be Designed) That the same was designed for doeing of his Majesties Service, The same shall be punished by death Nevertheless It is of verity That David Bosswell of Ballmutto hath not only comitted one bot severall ryots, violences, and2 insultings against severall persones and under many agravating circumstances As first the said David Bosswell a man of knowen disaffection to their majesties government and the persones Imployed in their majesties service shaking off all fear of god and Respect to their majesties and out of his habituall and accustumed madd and unwarrantable wickednes Did upon the Eleventh day of Aprill Last or one or other of the dayes of the said moneth after haveing shared and vented his Causeless and maliciouse prejudice first attend and watch before the door in the house of Couper, Wher David Earle of Leven was for the time, and after he was gone furth to see Couper race wher ther was a great concourse of the gentry and other people, as the said David Earle of Leven was passing by one horss back without the least medling by words or otherwayes with the said David Bosswell, The said David Bosswell did rid up after the Earle and first lift up his batton and shakeing the same at some distance said that now he should be at him, or words to this purpose Which not being overheard by the said Earle of Leven, And as he was ryding inadvertantly upon the feilds, The said David Bosswell did come up behind him and beatt him violently and most wickedly and insolently with the said Batton or staff over the head and shoulders twyse or thryse before he could turne him3 to put himself in any posture, And when the said Earle was turning to defend himself and his honor from Such a violent open affront and injurie, The said David Bosswell did beat the said Earles horss over the face which made the horss (being young of age of high mettall) ryss up and almost overturne; And the said Bosswell not here resting did farder Draw his pistoll, and when the Earle offered to recent and defend himself from such open violence which ther attended his life, The said David Bosswall Did fyre and discharged the said pistoll upon him and probably hade done greater mischeifs even to the takeing away of the said Earles Life if not prevented by the said Earles Just oppositione and the interposeing of the persones upon the place Wherby ane open and violent Ryot is Comitted against a person of the Earles qualitie and Imployment in ther majesties service and presumeably done aginst the Earle Because of his doing of their majesties service By all Which it will appear to the Lords of their majesties privy Councill That the said David Bosswell is guilty of all or4 ane or other of the saids crymes ryots and violences Lybelled, at least airt and pairt therof, And Therfore ought and should be severly punished in his person and goods to the example and terror of others, And Likewayes a persone of such unreasonable Bruttall wickednes and violences against which mens lives and honors cannot be in safity Ought to be effectually restrained and secured in time comeing By such a Course as their Lordships should think fitt And Anent the charge given to the said David Bosswell of Balmoutto defender To have5 Compeired before the saids Lords of ther Majesties privy Councill at ane certaine day bygone To have answered to the grounds of the abovewritten Complaint and to have heard and seen such Order and Course taken theranent as the saids Lords shall think fitt, as the said Lybell containeing severall other heads articles and ryots therin Comitted by the said David Bosswell upon the persones therin named with the executiones and indorsationes therof at more leanth bears, And Sicklike Anent the Lybell raised and pursued before the saids6 Lords at the instance of the said David Bosswell of Ballmoutto and the said Sir James Stewart ther Majesties advocat for their highnes intrest Makeing Mention That wheras by the comon Law and the Law of this and all other weell governed nationes the violent assaulting and beatting of any persone and the fyreing guns and pistolls at them of designe to kill them and bereave them of their Lyfe are crymes of ane high nature And Severly punishable And by the Lawes and ordinances Touteting military disciplines and thrid article therof, all violence out-rage and other like had facts and open offences Committed by any of their majesties forces officer or souldier upon any of their majesties Leidges shall be punished with death yett nevertheless David Earle of Leven being ane Cheif officer in ther majesties forces (which is a great aggravation of his cryme) has manifastly Contraveened the saids Lawes and the articles of Warra In so farr as the pursuer haveing been at Couper Race in Aprill last wher he was demeaning and behaveing himself in a quyet and peacable maner, yet the said Earle haveing conceaved a deadly hatred and malice against the persewar Did upon the Eleventh day of Aprill last or one or other of the dayes of the said moneth violently and outrageously assault and fall upon the said persuars and beatt him over the face with a whip publictly in the feilds before the wholl Company Conveened at the race, which was such ane affront that no man far less a gentlman of any spirit could weell bear, And the said Earle of Leven not being satisfied with this he still continueing in his violence and outrage did fire a pistoll at the persuars of designe certainely to have killed and murdered him upon the place if the shott by the good providence of god hade not missed him, Which was a high and manifast Ryot and Crewell oppression, And of which crymes the Earle of Leven is guilty actor airt and part and for which he ought to be examplarly punished in his persone and goods to the terror of others to Comitt the like in tyme comeing, And if such crymes as these be not examplarly punished no man can be sure from the violences and outradges Comitted by officers and souldiers And Anent the Charge given to the said David Earle of Leven To have Compeired before the. saids Lords of ther majesties privy Councill at ane certaine day now bygone To have answered to the grounds of the abovewritten Complaint And to have heard and seen such order and Course taken theranent as the saids Lords should think fitt, as the saids letters at Balmuttoes instance with the executiones and indorsationes therof at more leanth bears The saids letters at the instance of his majesties advocat being called in presence of the saids Lords upon the fourth of August Jaj vjc nyntie thrie years And their majesties advocat Compeiring personally as persewar, And the said David Bosswell Compeiring also personally (being brought from prison under guard to the barr) with Sir Patrick Hume his advocat, The Lybell at the instance of ther majesties advocat and answers therto being read The Councill Declaired The would sustaine Balmouttoes letters only as a lybell of exculpatione, Bot not as a lybell of reconventione of the letters raised at the Lord advocats instance And the saids leters at Ballmouttoes instance being also called, And the Earle of Leven Compeiring personally with their majesties advocat and Mr James Scougall his advocats, The Councill Refused to allow the Lord advocat to cite any more witnesses on his Lybell then what are already cited, Bot allowed him to raise a new Lybell and cite witnesses theron, And the witnesses cited on both Lybells such of them as Compeired haveing made faith at the barr, The Lords of privy Councill appointed a Committie of their oun number to examine the witnesses and ordained Balmoutto to be caried back to prisone And Declared that the witnesses cited on the Lybell at the Lord advocats instance are only to be examined on such points of the Lybell relateing to the Earle of Leven In Respect the Lord advocat Declared he past from all the rest of the points of that Lybell pro hic et nunc, And both parties haveing accordingly adduced diverse etc sundrie famous witnesses who being all solemnly sword interrogate and examined upon their great oathes Deponed and declaired as their oathes depositiones extant in proces bears, And The saids Lords of their majesties privy Councill haveing this day Considered both Lybells with the depositiones of the witnesses adduced be aither partie with a petition given in be Ballmutto, They Find the Lybell at the instance of ther majesties advocat against Balmutto Sufficiently proven as to the Ryot Lybelled to have been comited upon the Earle of Leven, And Therfore They Ordained Ballmoutto to be brought to the barr and upon his knees to Crave pardon of the Councill for the cryme of injury done by him to a privy Councillor And accordingly, Ballmutto being brought from prison to the barr did upon his knees Crave pardon as said is, And so was returned, And the saids Lords of ther majesties privy Councill have Confyned and heirby Confynes the said David Bosswell of Ballmutto to his oun house of Balmoutto and half a myll of way about the same And have Discharged and heirby Discharges him to wear any kynd of armes in time comeing And Ordained him to find Cautione in the books of privy Councill that he should keep his confynment and not goe without the bounds of the same, And that he shall not wear armes in time comeing under the penaltie of five hundred punds sterling in caice he transgress in any part of the premises, And Ordained him to Lye in prison untill he should find the said Caution, And upon his finding Caution as said is The Saids Lords gives order and warrand to the magistrats of Edinburgh and keeper of their Tolbooth to sett the said David Bosswell at Libertie furth therof, And the saids Lords superceids to give further sentance against Ballmutto in this matter untill they see his behavior for the time to come And Finds the Lybell of Reconvention of Balmuttoes instance against the Earl of Leven not proven And Therfore assoylzied and heirby Assoylzies the said Earle from the points and articles of the same And Declaires him quyt and free therfrae in all time comeing, after pronunceing of this Decreet The Lords of their Majesties privy Councill Haveing Considered a suplication given in to them be the said Considered a suplication given in to them be the said David Bosswell of Balmutto Craveing ther Lordships would dispence with his finding Caution and accept of his oun bond in the termes of the forsaid sentance And that the Earle of Leven who was personally present at the Councill board Declared his willingnes and Consent that the desyre of his petition might be granted They by their deliverance of the thretein of march Jaj vjc nyntie four years allowed the Clerks of privy Councill to receive Ballmouttoes oun Clerk of privy Councill to receive Ballmouttoes oun bond without Caution for fullfilling such points of the above sentance as he is decerned to find Caution for And have Dispenced with that part of the forsaid Sentance, Ordaineing Ballmoutto to find Cautione And accordingly Ballmoutto has given his oun bond in the termes and to the effect forsaid before extracting heirof.

Edinburgh the Seventh of September Jaj vjc nyntie thrie years, ante meridiem

D1693/9/81

Decreet

Decreet and Liberation Bosswall of Balmoutto.

Anent our Soveraigne Lord and Ladies letters persewed before the Lords of their majesties privy Councill at the instance of Sir James Stewart ther majesties advocat as he who by the Lords of privy Councill their warrand of the twentie Eight of Aprill Last is appointed to raise and follow farder the Lybell making mention That quher by the Lawes of this and all other weell governed nationes and by severall Lawes and acts of parliament of this kingdome the assaulting invadeing and putting violent hands to any man are forbiden as crymes and greatly agravat according to the crymes places and Circumstances of the deeds, And ought to be punished Lykeas by the act of parliament James 6th parliament first Caput Eightein, It is statue that no man Shoot with or wear guns under the paine of Cutting of ther hand, Except men of warr in actuall pay and others excepted in the act, And by the act James Sixth parliament Sixtein Caput fourth It is expressly Ordained that if any invade or pursue any of his Majesties privy Councill or officer, it being verified (which is and ought to be presumed when no other cause motive or occasion can be Designed) That the same was designed for doeing of his Majesties Service, The same shall be punished by death Nevertheless It is of verity That David Bosswell of Ballmutto hath not only comitted one bot severall ryots, violences, and2 insultings against severall persones and under many agravating circumstances As first the said David Bosswell a man of knowen disaffection to their majesties government and the persones Imployed in their majesties service shaking off all fear of god and Respect to their majesties and out of his habituall and accustumed madd and unwarrantable wickednes Did upon the Eleventh day of Aprill Last or one or other of the dayes of the said moneth after haveing shared and vented his Causeless and maliciouse prejudice first attend and watch before the door in the house of Couper, Wher David Earle of Leven was for the time, and after he was gone furth to see Couper race wher ther was a great concourse of the gentry and other people, as the said David Earle of Leven was passing by one horss back without the least medling by words or otherwayes with the said David Bosswell, The said David Bosswell did rid up after the Earle and first lift up his batton and shakeing the same at some distance said that now he should be at him, or words to this purpose Which not being overheard by the said Earle of Leven, And as he was ryding inadvertantly upon the feilds, The said David Bosswell did come up behind him and beatt him violently and most wickedly and insolently with the said Batton or staff over the head and shoulders twyse or thryse before he could turne him3 to put himself in any posture, And when the said Earle was turning to defend himself and his honor from Such a violent open affront and injurie, The said David Bosswell did beat the said Earles horss over the face which made the horss (being young of age of high mettall) ryss up and almost overturne; And the said Bosswell not here resting did farder Draw his pistoll, and when the Earle offered to recent and defend himself from such open violence which ther attended his life, The said David Bosswall Did fyre and discharged the said pistoll upon him and probably hade done greater mischeifs even to the takeing away of the said Earles Life if not prevented by the said Earles Just oppositione and the interposeing of the persones upon the place Wherby ane open and violent Ryot is Comitted against a person of the Earles qualitie and Imployment in ther majesties service and presumeably done aginst the Earle Because of his doing of their majesties service By all Which it will appear to the Lords of their majesties privy Councill That the said David Bosswell is guilty of all or4 ane or other of the saids crymes ryots and violences Lybelled, at least airt and pairt therof, And Therfore ought and should be severly punished in his person and goods to the example and terror of others, And Likewayes a persone of such unreasonable Bruttall wickednes and violences against which mens lives and honors cannot be in safity Ought to be effectually restrained and secured in time comeing By such a Course as their Lordships should think fitt And Anent the charge given to the said David Bosswell of Balmoutto defender To have5 Compeired before the saids Lords of ther Majesties privy Councill at ane certaine day bygone To have answered to the grounds of the abovewritten Complaint and to have heard and seen such Order and Course taken theranent as the saids Lords shall think fitt, as the said Lybell containeing severall other heads articles and ryots therin Comitted by the said David Bosswell upon the persones therin named with the executiones and indorsationes therof at more leanth bears, And Sicklike Anent the Lybell raised and pursued before the saids6 Lords at the instance of the said David Bosswell of Ballmoutto and the said Sir James Stewart ther Majesties advocat for their highnes intrest Makeing Mention That wheras by the comon Law and the Law of this and all other weell governed nationes the violent assaulting and beatting of any persone and the fyreing guns and pistolls at them of designe to kill them and bereave them of their Lyfe are crymes of ane high nature And Severly punishable And by the Lawes and ordinances Touteting military disciplines and thrid article therof, all violence out-rage and other like had facts and open offences Committed by any of their majesties forces officer or souldier upon any of their majesties Leidges shall be punished with death yett nevertheless David Earle of Leven being ane Cheif officer in ther majesties forces (which is a great aggravation of his cryme) has manifastly Contraveened the saids Lawes and the articles of Warra In so farr as the pursuer haveing been at Couper Race in Aprill last wher he was demeaning and behaveing himself in a quyet and peacable maner, yet the said Earle haveing conceaved a deadly hatred and malice against the persewar Did upon the Eleventh day of Aprill last or one or other of the dayes of the said moneth violently and outrageously assault and fall upon the said persuars and beatt him over the face with a whip publictly in the feilds before the wholl Company Conveened at the race, which was such ane affront that no man far less a gentlman of any spirit could weell bear, And the said Earle of Leven not being satisfied with this he still continueing in his violence and outrage did fire a pistoll at the persuars of designe certainely to have killed and murdered him upon the place if the shott by the good providence of god hade not missed him, Which was a high and manifast Ryot and Crewell oppression, And of which crymes the Earle of Leven is guilty actor airt and part and for which he ought to be examplarly punished in his persone and goods to the terror of others to Comitt the like in tyme comeing, And if such crymes as these be not examplarly punished no man can be sure from the violences and outradges Comitted by officers and souldiers And Anent the Charge given to the said David Earle of Leven To have Compeired before the. saids Lords of ther majesties privy Councill at ane certaine day now bygone To have answered to the grounds of the abovewritten Complaint And to have heard and seen such order and Course taken theranent as the saids Lords should think fitt, as the saids letters at Balmuttoes instance with the executiones and indorsationes therof at more leanth bears The saids letters at the instance of his majesties advocat being called in presence of the saids Lords upon the fourth of August Jaj vjc nyntie thrie years And their majesties advocat Compeiring personally as persewar, And the said David Bosswell Compeiring also personally (being brought from prison under guard to the barr) with Sir Patrick Hume his advocat, The Lybell at the instance of ther majesties advocat and answers therto being read The Councill Declaired The would sustaine Balmouttoes letters only as a lybell of exculpatione, Bot not as a lybell of reconventione of the letters raised at the Lord advocats instance And the saids leters at Ballmouttoes instance being also called, And the Earle of Leven Compeiring personally with their majesties advocat and Mr James Scougall his advocats, The Councill Refused to allow the Lord advocat to cite any more witnesses on his Lybell then what are already cited, Bot allowed him to raise a new Lybell and cite witnesses theron, And the witnesses cited on both Lybells such of them as Compeired haveing made faith at the barr, The Lords of privy Councill appointed a Committie of their oun number to examine the witnesses and ordained Balmoutto to be caried back to prisone And Declared that the witnesses cited on the Lybell at the Lord advocats instance are only to be examined on such points of the Lybell relateing to the Earle of Leven In Respect the Lord advocat Declared he past from all the rest of the points of that Lybell pro hic et nunc, And both parties haveing accordingly adduced diverse etc sundrie famous witnesses who being all solemnly sword interrogate and examined upon their great oathes Deponed and declaired as their oathes depositiones extant in proces bears, And The saids Lords of their majesties privy Councill haveing this day Considered both Lybells with the depositiones of the witnesses adduced be aither partie with a petition given in be Ballmutto, They Find the Lybell at the instance of ther majesties advocat against Balmutto Sufficiently proven as to the Ryot Lybelled to have been comited upon the Earle of Leven, And Therfore They Ordained Ballmoutto to be brought to the barr and upon his knees to Crave pardon of the Councill for the cryme of injury done by him to a privy Councillor And accordingly, Ballmutto being brought from prison to the barr did upon his knees Crave pardon as said is, And so was returned, And the saids Lords of ther majesties privy Councill have Confyned and heirby Confynes the said David Bosswell of Ballmutto to his oun house of Balmoutto and half a myll of way about the same And have Discharged and heirby Discharges him to wear any kynd of armes in time comeing And Ordained him to find Cautione in the books of privy Councill that he should keep his confynment and not goe without the bounds of the same, And that he shall not wear armes in time comeing under the penaltie of five hundred punds sterling in caice he transgress in any part of the premises, And Ordained him to Lye in prison untill he should find the said Caution, And upon his finding Caution as said is The Saids Lords gives order and warrand to the magistrats of Edinburgh and keeper of their Tolbooth to sett the said David Bosswell at Libertie furth therof, And the saids Lords superceids to give further sentance against Ballmutto in this matter untill they see his behavior for the time to come And Finds the Lybell of Reconvention of Balmuttoes instance against the Earl of Leven not proven And Therfore assoylzied and heirby Assoylzies the said Earle from the points and articles of the same And Declaires him quyt and free therfrae in all time comeing, after pronunceing of this Decreet The Lords of their Majesties privy Councill Haveing Considered a suplication given in to them be the said Considered a suplication given in to them be the said David Bosswell of Balmutto Craveing ther Lordships would dispence with his finding Caution and accept of his oun bond in the termes of the forsaid sentance And that the Earle of Leven who was personally present at the Councill board Declared his willingnes and Consent that the desyre of his petition might be granted They by their deliverance of the thretein of march Jaj vjc nyntie four years allowed the Clerks of privy Councill to receive Ballmouttoes oun Clerk of privy Councill to receive Ballmouttoes oun bond without Caution for fullfilling such points of the above sentance as he is decerned to find Caution for And have Dispenced with that part of the forsaid Sentance, Ordaineing Ballmoutto to find Cautione And accordingly Ballmoutto has given his oun bond in the termes and to the effect forsaid before extracting heirof.

1. NRS, PC2/24, 245v-248v.

2. The words ‘as first The said David Bosswall a man of knowen dissaffectione’ scored out here.

3. The word ‘self’ scored out here.

4. The word ‘any’ scored out here.

5. The word ‘heird’ scored out here.

6. Insertion.

1. NRS, PC2/24, 245v-248v.

2. The words ‘as first The said David Bosswall a man of knowen dissaffectione’ scored out here.

3. The word ‘self’ scored out here.

4. The word ‘any’ scored out here.

5. The word ‘heird’ scored out here.

6. Insertion.

Act, 7 September 1693, Edinburgh

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Edinburgh the Seventh of September Jaj vjc nyntie thrie years, ante meridiem

D1693/9/71

Act

Act John Reid for printing of a book of Militar discipline

The Lords of their Majesties privy Councill Doe heirby Give Order and Warrand to John Reid printer in Edinburgh to Print vend and expose to sale a book Intitulled the exercise of the foot, with the Evolutiones, Likwayes The Exercise of the Dragoonss both on Horss back and foot, With the Rules of Warr in their battell, And Discharges any person to reprint or Import into this kingdome the said book or to vend or expose the same to sale for the space of five years after the dat heirof under the paine of Confiscatione of the Same to the said John Reid besides the penaltie of ane Hundred punds scots To be payed be the printers Importers venders or sellers to the said John By and attour Confiscatione as said is, Sic Supra Scributr Tweadle cancelor

Edinburgh the Seventh of September Jaj vjc nyntie thrie years, ante meridiem

D1693/9/71

Act

Act John Reid for printing of a book of Militar discipline

The Lords of their Majesties privy Councill Doe heirby Give Order and Warrand to John Reid printer in Edinburgh to Print vend and expose to sale a book Intitulled the exercise of the foot, with the Evolutiones, Likwayes The Exercise of the Dragoonss both on Horss back and foot, With the Rules of Warr in their battell, And Discharges any person to reprint or Import into this kingdome the said book or to vend or expose the same to sale for the space of five years after the dat heirof under the paine of Confiscatione of the Same to the said John Reid besides the penaltie of ane Hundred punds scots To be payed be the printers Importers venders or sellers to the said John By and attour Confiscatione as said is, Sic Supra Scributr Tweadle cancelor

1. NRS, PC2/24, 244v-245r.

1. NRS, PC2/24, 244v-245r.

Sederunt, 7 September 1693, Edinburgh

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Edinburgh the Seventh of September Jaj vjc nyntie thrie years, ante meridiem1

D1693/9/62

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Strathnaver; Lord Raith; Lord Beilhaven; Lord Polwart; Master of Forbes; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Stivenson; Sir Thomas Livingston

Edinburgh the Seventh of September Jaj vjc nyntie thrie years, ante meridiem1

D1693/9/62

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Strathnaver; Lord Raith; Lord Beilhaven; Lord Polwart; Master of Forbes; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Stivenson; Sir Thomas Livingston

1. NRS, PC2/24, 244v.

2. NRS, PC2/24, 244v.

1. NRS, PC2/24, 244v.

2. NRS, PC2/24, 244v.

Warrant, 5 September 1693, Edinburgh

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Edinburgh the Fifth day of September Jaj vjc nyntie thrie years

D1693/9/51

Warrant

Warrand for farder dilligence The Lady Auchincart Against Witneses

The Lords of ther Majesties privy Councill doe heirby allow letters of farder dilligence by Caption to be Direct at the instance of […] Lady Auchuncart against the witneses cited in the lybell at the Ladies instance against Archibald Innes And assignes the first Councill day in november nixt for doeing farder dilligence against them as said is.

Edinburgh the Fifth day of September Jaj vjc nyntie thrie years

D1693/9/51

Warrant

Warrand for farder dilligence The Lady Auchincart Against Witneses

The Lords of ther Majesties privy Councill doe heirby allow letters of farder dilligence by Caption to be Direct at the instance of […] Lady Auchuncart against the witneses cited in the lybell at the Ladies instance against Archibald Innes And assignes the first Councill day in november nixt for doeing farder dilligence against them as said is.

1. NRS, PC2/24, 244v.

1. NRS, PC2/24, 244v.

Procedure, 5 September 1693, Edinburgh

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Edinburgh the Fifth day of September Jaj vjc nyntie thrie years

D1693/9/41

Procedure

Letter frae the Duke of Hamilton

The Lord Advocat acquanted the Councill that he hes a letter from his grace the Duke of Hamiltone desyreing his absence from this meetting of Councill might be excused In respect the Dutches Is so indisposed that he cannot leave her, And his graces absence excused accordingly.

Edinburgh the Fifth day of September Jaj vjc nyntie thrie years

D1693/9/41

Procedure

Letter frae the Duke of Hamilton

The Lord Advocat acquanted the Councill that he hes a letter from his grace the Duke of Hamiltone desyreing his absence from this meetting of Councill might be excused In respect the Dutches Is so indisposed that he cannot leave her, And his graces absence excused accordingly.

1. NRS, PC2/24, 244v.

1. NRS, PC2/24, 244v.

Procedure: committee formed, 5 September 1693, Edinburgh

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Edinburgh the Fifth day of September Jaj vjc nyntie thrie years

D1693/9/31

Procedure: committee formed

Comittie anent the memoriall given in be the Comisars of the armie

The Lords of their Majesties privy Councill haveing heard a memoriall given in to them be the Comissaries of the armie Read in ther presence They Recommend to the Earle of Drumlanrig The Lord Viscount of Tarbat, The Lord Raith Thesaurer depute, The Lord Strathnaver and Lord Polwarth to Consider the memoriall and severall articles therof And to call for the Commissaries of the armie and hear them upon the same, And likwayes to call for and Consider the Contract entered into betwixt the Lords Commissioners of ther majesties thesaurie and the saids Comissaries with any other papers relateing to this affair And to returne their opinion on the haill matter to the Councill at their meetting on Thursday in nixt, And Recomends to the said Comittie to meet the morrow at nyne of the Cloak in the morning And Declares any thrie of the above number to be a suficient quorum.

Edinburgh the Fifth day of September Jaj vjc nyntie thrie years

D1693/9/31

Procedure: committee formed

Comittie anent the memoriall given in be the Comisars of the armie

The Lords of their Majesties privy Councill haveing heard a memoriall given in to them be the Comissaries of the armie Read in ther presence They Recommend to the Earle of Drumlanrig The Lord Viscount of Tarbat, The Lord Raith Thesaurer depute, The Lord Strathnaver and Lord Polwarth to Consider the memoriall and severall articles therof And to call for the Commissaries of the armie and hear them upon the same, And likwayes to call for and Consider the Contract entered into betwixt the Lords Commissioners of ther majesties thesaurie and the saids Comissaries with any other papers relateing to this affair And to returne their opinion on the haill matter to the Councill at their meetting on Thursday in nixt, And Recomends to the said Comittie to meet the morrow at nyne of the Cloak in the morning And Declares any thrie of the above number to be a suficient quorum.

1. NRS, PC2/24, 244r-244v.

1. NRS, PC2/24, 244r-244v.

Procedure: committee formed, 5 September 1693, Edinburgh

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D1693/9/21

Procedure: committee formed

Comittie for examining witneses anent the ship caried out of the watter of Forth

The Lords of their Majesties privy Councill doe heirby Recommend to the Earles of Drumlanrig and Linlithgow, The Viscount of Tarbat, Lord Polwarth and Sir Thomas Livingston Commander in cheif of their majesties forces for the time within this kingdome to examine the witnesses which shall be adduced before them for proveing that the ship called […] taken be one of ther Majesties men of Warr and caried to England was taken within the watter of Forth, And Declairs any thrie of the above Committie to be a quorum And Recomends to the Lord advocat to be present at examineing the witneses.

Edinburgh the Fifth day of September Jaj vjc nyntie thrie years

D1693/9/21

Procedure: committee formed

Comittie for examining witneses anent the ship caried out of the watter of Forth

The Lords of their Majesties privy Councill doe heirby Recommend to the Earles of Drumlanrig and Linlithgow, The Viscount of Tarbat, Lord Polwarth and Sir Thomas Livingston Commander in cheif of their majesties forces for the time within this kingdome to examine the witnesses which shall be adduced before them for proveing that the ship called […] taken be one of ther Majesties men of Warr and caried to England was taken within the watter of Forth, And Declairs any thrie of the above Committie to be a quorum And Recomends to the Lord advocat to be present at examineing the witneses.

1. NRS, PC2/24, 244r.

1. NRS, PC2/24, 244r.

Sederunt, 5 September 1693, Edinburgh

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Edinburgh the Fifth day of September Jaj vjc nyntie thrie years1

D1693/9/12

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Viscount Tarbatt; Lord Strathnaver; Lord Raith Th: d:; Lord Beilhaven; Lord Polwarth; Master of Forbes; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Stivenson; Sir Thomas Livingston

Edinburgh the Fifth day of September Jaj vjc nyntie thrie years1

D1693/9/12

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Viscount Tarbatt; Lord Strathnaver; Lord Raith Th: d:; Lord Beilhaven; Lord Polwarth; Master of Forbes; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Stivenson; Sir Thomas Livingston

1. NRS, PC2/24, 244r.

2. NRS, PC2/24, 244r.

1. NRS, PC2/24, 244r.

2. NRS, PC2/24, 244r.

Warrant, 16 September 1692, Edinburgh

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D1692/9/151

Warrant

Warrand for Giving up James Campbells bond anent the Stipend of Callander

The Lords of their Majesties privy Councill Doe heirby give warrand to their Clerks to deliver up to James Campbell of Carnock ane bond granted by him as principall And the Lord Aberuchill as Cautioner for Imploying the last half years Stipend of the cropt and year Jaj vjc nyntie of the Paroch of Callander upon building bridges in the said parish dated the thretein day of Aprill last In Respect the Lords Commissioners of their majesties thesaurie has disposed of the said stipend as being of their Majesties patronadge.

Edinburgh The Sixteinth day of September Jaj vjc nyntie two years ante meridiem

D1692/9/151

Warrant

Warrand for Giving up James Campbells bond anent the Stipend of Callander

The Lords of their Majesties privy Councill Doe heirby give warrand to their Clerks to deliver up to James Campbell of Carnock ane bond granted by him as principall And the Lord Aberuchill as Cautioner for Imploying the last half years Stipend of the cropt and year Jaj vjc nyntie of the Paroch of Callander upon building bridges in the said parish dated the thretein day of Aprill last In Respect the Lords Commissioners of their majesties thesaurie has disposed of the said stipend as being of their Majesties patronadge.

1. NRS, PC2/24, 124v.

1. NRS, PC2/24, 124v.

Act, 16 September 1692, Edinburgh

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Edinburgh The Sixteinth day of September Jaj vjc nyntie two years ante meridiem

D1692/9/141

Act

Act The Principall and Regents of St Leonards Collodge in St Androwes

Anent a Petition given in to the Lords of their majesties privy Councill be the principall and Regents of St Leonards Collodge in St Androwes shewing That the Comissioner of the late visitatione for the University of St Androwes, Haveing Sequestred the haill writtes pertaineing to the said university and put them in the hands of the magistrats of St Androwes In Respect of the totall vaccation of the masters of the said university, Wherby, the petitioners are deprived of the benefite and use of the wrytes pertaining to their Colladge of St Leonards And so are not in a suficient Capacitie to manadge the affairs and rents pertaineing to the said Collodge, Unless they ware allowed libertie and use of the wryts pertaineing to the same, To the great detriment of the said Society, The magistrats of St Androwes being willing to deliver up the saids writtes upon and suficient warrand and exoneration to them And In Respect that the Comission of the visitation of the said university have fixed no Dyet for their Sitting, and their meetting againe being uncertaine And Therfore Humbly Craveing the saids Lords would grant warrand to the magistrats of St Androwes To deliver up the haill writtes pertaineing to the said Collodge of St Leonards To the principall of the said Collodge of St Leonards To the principall of the said Collodge And Lykewayes to Grant warrand to Mr Alexander Pitcairne Provest of the old Collodge of St Androwes who hath the Custody of the keyes of the Chists or boxes quherin the saids writtes are, To deliver up the saids keyes to the principall of the said Collodge of St Leonards, To the effect the masters of the said Collodge might have the custodie of their oun writtes for prosecuteing the affairs of the said Collodge As the petition bears. The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the principall and Regents of St Leonards Collodge, They heirby Ordaine the Magistrates of St Androwes in whose hands the above writtes wer Sequestrat To deliver up these writtes with the Sealls which were put theron the tyme of the Sequestration unbroken or opened with the Chists and boxes quherin these writtes are to Mr William Tillidaff principall of the said Collodge and in caice the severalls be brocken or opned Ordaines the magistrates to deliver up the writtes to the principall upon oath and inventar In presence of Mr John Lindsay of Wolmerstoune Comissionar of St Andrewes, And Ordaines the above Mr Alexander Pitcairne To deliver the keyes of the Chists or boxes wherin the writtes are, to the above principall of St Leonards Collodge And Ordaines letters of horning to be direct heiron against the magistrats havers of the saids writtes whose names are to be particularly Condescended upon in the horning of exhibition and deliverie therof as said is And Lykewayes against Mr Alexander Pitcairne for deliverie of the keyes upon a charge of fiftein dayes.

Edinburgh The Sixteinth day of September Jaj vjc nyntie two years ante meridiem

D1692/9/141

Act

Act The Principall and Regents of St Leonards Collodge in St Androwes

Anent a Petition given in to the Lords of their majesties privy Councill be the principall and Regents of St Leonards Collodge in St Androwes shewing That the Comissioner of the late visitatione for the University of St Androwes, Haveing Sequestred the haill writtes pertaineing to the said university and put them in the hands of the magistrats of St Androwes In Respect of the totall vaccation of the masters of the said university, Wherby, the petitioners are deprived of the benefite and use of the wrytes pertaining to their Colladge of St Leonards And so are not in a suficient Capacitie to manadge the affairs and rents pertaineing to the said Collodge, Unless they ware allowed libertie and use of the wryts pertaineing to the same, To the great detriment of the said Society, The magistrats of St Androwes being willing to deliver up the saids writtes upon and suficient warrand and exoneration to them And In Respect that the Comission of the visitation of the said university have fixed no Dyet for their Sitting, and their meetting againe being uncertaine And Therfore Humbly Craveing the saids Lords would grant warrand to the magistrats of St Androwes To deliver up the haill writtes pertaineing to the said Collodge of St Leonards To the principall of the said Collodge of St Leonards To the principall of the said Collodge And Lykewayes to Grant warrand to Mr Alexander Pitcairne Provest of the old Collodge of St Androwes who hath the Custody of the keyes of the Chists or boxes quherin the saids writtes are, To deliver up the saids keyes to the principall of the said Collodge of St Leonards, To the effect the masters of the said Collodge might have the custodie of their oun writtes for prosecuteing the affairs of the said Collodge As the petition bears. The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the principall and Regents of St Leonards Collodge, They heirby Ordaine the Magistrates of St Androwes in whose hands the above writtes wer Sequestrat To deliver up these writtes with the Sealls which were put theron the tyme of the Sequestration unbroken or opened with the Chists and boxes quherin these writtes are to Mr William Tillidaff principall of the said Collodge and in caice the severalls be brocken or opned Ordaines the magistrates to deliver up the writtes to the principall upon oath and inventar In presence of Mr John Lindsay of Wolmerstoune Comissionar of St Andrewes, And Ordaines the above Mr Alexander Pitcairne To deliver the keyes of the Chists or boxes wherin the writtes are, to the above principall of St Leonards Collodge And Ordaines letters of horning to be direct heiron against the magistrats havers of the saids writtes whose names are to be particularly Condescended upon in the horning of exhibition and deliverie therof as said is And Lykewayes against Mr Alexander Pitcairne for deliverie of the keyes upon a charge of fiftein dayes.

1. NRS, PC2/24, 123v-124r.

1. NRS, PC2/24, 123v-124r.