Tag Archives: September

Sederunt, 25 September 1701, Edinburgh

Posted on by

Edinburgh the Twenty fyfth day of September Jaj viic and one years1

A1701/9/122

Sederunt

Lord Chancelor; Earl of Melvill P.C:; Marquis of Annandale; Earl of Seafeild S:3; Earl of 4 Marr; Earl of Buchan; Earl of Leven; Earl of Northesk; Earl of Forfarr; Viscount Tarbat Teviot; and Rosbery;5 Lord Montgomry; Lord Carmichell S:; Lord President of Session and Advocat;6 Lord Justice Clerk; Lord Crossrig; Mr Francis Montgomry; Laird of Meggins

Edinburgh the Twenty fyfth day of September Jaj viic and one years1

A1701/9/122

Sederunt

Lord Chancelor; Earl of Melvill P.C:; Marquis of Annandale; Earl of Seafeild S:3; Earl of 4 Marr; Earl of Buchan; Earl of Leven; Earl of Northesk; Earl of Forfarr; Viscount Tarbat Teviot; and Rosbery;5 Lord Montgomry; Lord Carmichell S:; Lord President of Session and Advocat;6 Lord Justice Clerk; Lord Crossrig; Mr Francis Montgomry; Laird of Meggins

1. NRS, PC1/52, 294.

2. NRS, PC1/52, 294.

3. Seafield’s name has been in a smaller hand between other names.

4. The word ‘Crafurd’ scored out here.

5. Tarbat and Teviot’s names have been added in between names retrospectively.

6. These names have been written over each other.

1. NRS, PC1/52, 294.

2. NRS, PC1/52, 294.

3. Seafield’s name has been in a smaller hand between other names.

4. The word ‘Crafurd’ scored out here.

5. Tarbat and Teviot’s names have been added in between names retrospectively.

6. These names have been written over each other.

Decreet, 23 September 1701(pm), Edinburgh

Posted on by

[23 September 1701] Eodem Die Post Meridiem

A1701/9/111

Decreet

Decreit John Blair agent for the Kirk Against Mr James Crocket Mr Hary Murray and Mr Robert Gordon2

Anent the Letters or Complaint raised and persewed before the Lords of his Majesties privy Councill be John Blair agent for the kirk with concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwryten; Mentioning That wher by the Sixth act of the Fourth Session of the Current parliament intitulled act for takeing the oath of alledgance3 and assurance to us, It is Statute that all preachers and ministers of the Gospell whatsomever Doe Swar the Oath of alledgance and that they Subscrybe the Same with the assurance Sett doun in the said act Certifieing That Ministers provided to kirks and not Swearing and Subscrybeing as said is shall be deprived of their benefices and Stipends and that4 preachers not provided to Kirks Shall be punished by Banishment Or otherwayes As the Lords of our privy Councill Shall think fitt Likeas by the proclamation of the meetting of Estates dated the threteinth day of Aprile Jaj vic Eightie Nyne all the Leidges are discharged to oun the late King James and appointed publictly to pray for his Majestie King William And also by the Twenty two act of the fifth Session of his Majesties Current parliament It is Statute That whosoever therafter should intrude themselves in any Church or possess Manse and benefice or 5 exercise any part of the ministeriall function within any parochin without any orderly call from the heritors and eldership and legall admission from the presbytrie of the bounds; Should be removed And Declared incapable of enjoying any Church Stipend or benefice for the Space of Seven years therafter And furder It is Recommended to the Saids Lords of privy Councill to remove all Such who preceeding the said act did Did Since the Establishment of the present Church Government intrude in maner forsaid, Notwithstanding wherof it is of verity That Mr James Crocket incumbent at Caputh Mr Hary Murray incumbent at Dunkeld and Mr Robert Gordon ane intruder at Clunnie Contrair to the saids acts and proclamationes Doe all of them presume and continue to preach and exercise the other parts of the Ministeriall function without haveing qualified themselves conforme to the appointment of the said sixth act by Swearing with the assurance whereby they have incurred the Certification contained in the said act as use is in such cases Likeas the saids persones does not pray for his Majestie But Contrary to the Said proclamation of the Estates and act of parliament ouns the late King James and publictly prayes for him in such ambiguous termes and expressiones as evidences their intire owning him And as a furder evidence of the fornamed persones their disaffection in Contempt of his Majesties authoritie and government They refused6 to read the publict proclamationes appointed by his majestie for observeing and keeping of Solemn dayes of fasting7 of thanksgiveings, and in place of obedience they most maliciously redicule Dispise and moke at the Causes and reasones contained in the said proclamationes And as to the Said Mr Robert Gordon he has most boldly intruded himself to the Church of Cluny without any orderly call from the heriters and eldership and legall admission from the presbytrie of the bounds Albeit That it doeth evidently appear by the records of his Majesties privy Councill; That he was deprived upon the Twenty thrid day of August Jaj vic Eightie Nyne For his disaffection to his Majesties and his Lawes; And the saids fornamed persones Still continues in the said paroches infesting and troubling that bounds to grant disqueit of the setled order and peace of the Church Wherby it is manifast That they have all incurred the said Certificationes contained in the saids acts and proclamation Conform to their respective conditiones and Characters which being Notour and certaine And Such as they neither doe nor can deny They Ought all of them to be punished conforme to the forsaid Acts and proclamationes And furder effectually restrained for hereafter from Committing any Such abuses to the example and teror of others to doe the Lyke in time comeing And Anent the Charge given to the saids defenders To have Compeared personally before the saids Lords of privy Councill This day To Answer to the points of the said Complaint And to hear and See Such order and course taken theranent as they Shall find Just As in the Said Letters or Complaint and executiones therof at more lenth is contained The Which Lybell being this day called in presence of the saids Lords of his Majesties privy Councill And the Said John Blair Sir James Stewart his Majesties advocat and Mr William Carmicheall one of his Majesties Solicitors Compearing personally for his Majesties intrest as pursuers The Saids Mr James Crocket and Mr Hary Murray two of the saids defenders Compearing personally; And their being produced in presence of the saids Lords ane testificat under the hand of Mr John Murray Doctor of Medicine and Mr James Murray Chirurgeon appothecary at Pearth Wherby they upon their certaine knowledge Testifie and Declare that the said Mr Robert Gordon minister at Clunie is not in a condition to travell to Edinburgh without manifast hazard of his Life; And the said Mr Robert Gordon being Lawfully cited oft times called and not Compearing, And the said Mr James Crocket and the said Mr Hary Murray haveing Compeared as said is; And haveing acknowledged that they hade not as yet qualified themselves by takeing the oath of alledgance and Subscrybeing the same with the assurance, And that they notwithstanding therof Did yet continue to preach at their saids kirks The Said Lybell being read and the Councill Haveing Considered the same with the points and articles therof And Confessiones of the said Mr James Crocket and Mr Hary Murray Compearing as said is The saids Lords of his Majesties privy Councill Have Deprived and hereby Depryves the said Mr James Crocket from the benefice and Church of Caputh, and the said Mr Hary Murray from the benefice and Church of Dunkell and Declares both the saids Kirks vaccant And Discharge the Saids Mr James Crocket and Mr Hary Murray to preach or exercise any other part of their ministeriall function within the Saids paroches of Caputh and Dunkeld And Decernes and Ordaines them to flitt and remove themselves their wifes families and Servants furth and out of ther respective manses and Gleibs and furth and frae the said paroches and that betwixt and the terme of Martinmass nixt to come and to leave the Samen void and redd And Refused to Sustaine the said Testificat in favors of Mr Robert Gordon In respect it wants these words upon Soull and Conscience against Against8 which the Lord advocat objected; And Decernes and Ordaines the said Mr Robert Gordon intruder into the said Church of Clunie To quyte the possession of the Stipend and benefice of the said Church And to remove from the said Church Manse Gleib and paroch of Clunnie himself, his wife, Childrein and Servants betwixt and the eighteinth day of November nixt to come And Discharges him to exercise any ministeriall acts within the said paroch in time comeing; And Declares the said Mr Robert Gordon Shall be incapable of enjoying any Church Stipend or benefice within this kingdom for the space of seven years therafter Superceiding allwayes extract of any Sentance against the Said Mr Robert Gordon untill the said Eighteinth day of November nixt to come betwixt and which if he shall appear The Councill allowes him to be heard And Ordaines Letters of horning on fiftein dayes and other executorialls needfull to be direct hereon under the Signet of Councill in forme as effeirs.

[23 September 1701] Eodem Die Post Meridiem

A1701/9/111

Decreet

Decreit John Blair agent for the Kirk Against Mr James Crocket Mr Hary Murray and Mr Robert Gordon2

Anent the Letters or Complaint raised and persewed before the Lords of his Majesties privy Councill be John Blair agent for the kirk with concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwryten; Mentioning That wher by the Sixth act of the Fourth Session of the Current parliament intitulled act for takeing the oath of alledgance3 and assurance to us, It is Statute that all preachers and ministers of the Gospell whatsomever Doe Swar the Oath of alledgance and that they Subscrybe the Same with the assurance Sett doun in the said act Certifieing That Ministers provided to kirks and not Swearing and Subscrybeing as said is shall be deprived of their benefices and Stipends and that4 preachers not provided to Kirks Shall be punished by Banishment Or otherwayes As the Lords of our privy Councill Shall think fitt Likeas by the proclamation of the meetting of Estates dated the threteinth day of Aprile Jaj vic Eightie Nyne all the Leidges are discharged to oun the late King James and appointed publictly to pray for his Majestie King William And also by the Twenty two act of the fifth Session of his Majesties Current parliament It is Statute That whosoever therafter should intrude themselves in any Church or possess Manse and benefice or 5 exercise any part of the ministeriall function within any parochin without any orderly call from the heritors and eldership and legall admission from the presbytrie of the bounds; Should be removed And Declared incapable of enjoying any Church Stipend or benefice for the Space of Seven years therafter And furder It is Recommended to the Saids Lords of privy Councill to remove all Such who preceeding the said act did Did Since the Establishment of the present Church Government intrude in maner forsaid, Notwithstanding wherof it is of verity That Mr James Crocket incumbent at Caputh Mr Hary Murray incumbent at Dunkeld and Mr Robert Gordon ane intruder at Clunnie Contrair to the saids acts and proclamationes Doe all of them presume and continue to preach and exercise the other parts of the Ministeriall function without haveing qualified themselves conforme to the appointment of the said sixth act by Swearing with the assurance whereby they have incurred the Certification contained in the said act as use is in such cases Likeas the saids persones does not pray for his Majestie But Contrary to the Said proclamation of the Estates and act of parliament ouns the late King James and publictly prayes for him in such ambiguous termes and expressiones as evidences their intire owning him And as a furder evidence of the fornamed persones their disaffection in Contempt of his Majesties authoritie and government They refused6 to read the publict proclamationes appointed by his majestie for observeing and keeping of Solemn dayes of fasting7 of thanksgiveings, and in place of obedience they most maliciously redicule Dispise and moke at the Causes and reasones contained in the said proclamationes And as to the Said Mr Robert Gordon he has most boldly intruded himself to the Church of Cluny without any orderly call from the heriters and eldership and legall admission from the presbytrie of the bounds Albeit That it doeth evidently appear by the records of his Majesties privy Councill; That he was deprived upon the Twenty thrid day of August Jaj vic Eightie Nyne For his disaffection to his Majesties and his Lawes; And the saids fornamed persones Still continues in the said paroches infesting and troubling that bounds to grant disqueit of the setled order and peace of the Church Wherby it is manifast That they have all incurred the said Certificationes contained in the saids acts and proclamation Conform to their respective conditiones and Characters which being Notour and certaine And Such as they neither doe nor can deny They Ought all of them to be punished conforme to the forsaid Acts and proclamationes And furder effectually restrained for hereafter from Committing any Such abuses to the example and teror of others to doe the Lyke in time comeing And Anent the Charge given to the saids defenders To have Compeared personally before the saids Lords of privy Councill This day To Answer to the points of the said Complaint And to hear and See Such order and course taken theranent as they Shall find Just As in the Said Letters or Complaint and executiones therof at more lenth is contained The Which Lybell being this day called in presence of the saids Lords of his Majesties privy Councill And the Said John Blair Sir James Stewart his Majesties advocat and Mr William Carmicheall one of his Majesties Solicitors Compearing personally for his Majesties intrest as pursuers The Saids Mr James Crocket and Mr Hary Murray two of the saids defenders Compearing personally; And their being produced in presence of the saids Lords ane testificat under the hand of Mr John Murray Doctor of Medicine and Mr James Murray Chirurgeon appothecary at Pearth Wherby they upon their certaine knowledge Testifie and Declare that the said Mr Robert Gordon minister at Clunie is not in a condition to travell to Edinburgh without manifast hazard of his Life; And the said Mr Robert Gordon being Lawfully cited oft times called and not Compearing, And the said Mr James Crocket and the said Mr Hary Murray haveing Compeared as said is; And haveing acknowledged that they hade not as yet qualified themselves by takeing the oath of alledgance and Subscrybeing the same with the assurance, And that they notwithstanding therof Did yet continue to preach at their saids kirks The Said Lybell being read and the Councill Haveing Considered the same with the points and articles therof And Confessiones of the said Mr James Crocket and Mr Hary Murray Compearing as said is The saids Lords of his Majesties privy Councill Have Deprived and hereby Depryves the said Mr James Crocket from the benefice and Church of Caputh, and the said Mr Hary Murray from the benefice and Church of Dunkell and Declares both the saids Kirks vaccant And Discharge the Saids Mr James Crocket and Mr Hary Murray to preach or exercise any other part of their ministeriall function within the Saids paroches of Caputh and Dunkeld And Decernes and Ordaines them to flitt and remove themselves their wifes families and Servants furth and out of ther respective manses and Gleibs and furth and frae the said paroches and that betwixt and the terme of Martinmass nixt to come and to leave the Samen void and redd And Refused to Sustaine the said Testificat in favors of Mr Robert Gordon In respect it wants these words upon Soull and Conscience against Against8 which the Lord advocat objected; And Decernes and Ordaines the said Mr Robert Gordon intruder into the said Church of Clunie To quyte the possession of the Stipend and benefice of the said Church And to remove from the said Church Manse Gleib and paroch of Clunnie himself, his wife, Childrein and Servants betwixt and the eighteinth day of November nixt to come And Discharges him to exercise any ministeriall acts within the said paroch in time comeing; And Declares the said Mr Robert Gordon Shall be incapable of enjoying any Church Stipend or benefice within this kingdom for the space of seven years therafter Superceiding allwayes extract of any Sentance against the Said Mr Robert Gordon untill the said Eighteinth day of November nixt to come betwixt and which if he shall appear The Councill allowes him to be heard And Ordaines Letters of horning on fiftein dayes and other executorialls needfull to be direct hereon under the Signet of Councill in forme as effeirs.

1. NRS, PC1/52, 291-4.

2. Marginal note: ‘14 November 1705. This Decreit against Gordon given out this day’.

3. The phrase ‘at that they subscrybe the same with the assurance sett doun in the said act’ scored out here.

4. The word ‘the’ scored out here.

5. The word ‘excyse’ scored out here.

6. The word ‘the’ scored out here.

7. The phrase ‘of fastings’ is an insertion.

8. Sic.

1. NRS, PC1/52, 291-4.

2. Marginal note: ‘14 November 1705. This Decreit against Gordon given out this day’.

3. The phrase ‘at that they subscrybe the same with the assurance sett doun in the said act’ scored out here.

4. The word ‘the’ scored out here.

5. The word ‘excyse’ scored out here.

6. The word ‘the’ scored out here.

7. The phrase ‘of fastings’ is an insertion.

8. Sic.

Proclamation, 23 September 1701(pm), Edinburgh

Posted on by

[23 September 1701] Eodem Die Post Meridiem

A1701/9/101

Proclamation

[Proclamation anent a traitorous paper]

Proclamation anent a traiterous paper Read Voted and approven and appointed to be published the morow wherof the tenor Followes
William by the Grace of God King of great Brittaine France and Ireland defender of the faith; To […] Macers of our privy Councill Messingers at armes our shiriffs in that part Conjunctllie and Severallie Specialy constitute Greeting Forasmuchas Some Malicious and wicked persones have presumed Clandestinly to affix upon the marcat cross of Edinburgh a traiterous paper containeing a declaration of the right and Succession of the Imperiall Crown of this our realme to be devolved upon the death of the late King James on the person of the pretended prince of Wales as only Lawfull Sone to the late King James In detestation to which wicked and treasonable deed; Wee with the advice of the Lords of our privy Councill, Have Ordained the said paper to be burnt solemnly by the hand of the Hangman at the said marcat cross as being most wicked pernicious and rebellious Requyreing and most Strictly Commanding; Likeas Wee with advice forsaid Requyre and most Strictly Command all our good Subjects to doe and use their outmost endeavors for discovering and bring to condigne punishment the authors accessories, and all others Airt and part of the advizeing makeing and affixing of the said wicked paper, as they would not be judged Concealers and not reveilers of the cryme of Lese-Majestie and treason and otherwayes answerable under their highest perill; Lykeas in farder abhorence of the said most wicked and villianous attempt and for the more effectuall discovery of such as may be anywayes the Contrivers advisers authors or abbatters assisters or otherwayes accessory to the makeing or affixing of the forsaid Traiterous paper, Wee with forsaid have thought fitt to offer and assure and hereby offer and assure the soume of Six Thousand pounds Scots money to be given and delyvered to any person whatsoever even though ane accomplice in the said wicked matter; Whom wee hereby indemnifie upon their makeing of the discovery of the other authors therof and accessories therto; So as they may be brought to condigne punishment to be payed to them Immediatly without delay as a due reward of their good Service by the Lords of our Thesaury; Likeas Wee with advice forsaid Doe hereby Requyre and Command the saids Lords of our Thesaury to make punctuall payment to the said discoverer of the forsaid soume of reward Immediatly without all delay as said is Our Will is Heirfore and wee Charge yow Strictly and Command That incontinent these our Letters seen yee pass to the marcat Cross of Edinburgh and ther at in our name and authoritie make publict intimation hereof that non pretend Ignorance And wee ordaine these presents to be printed Given under Our Signet att Edinburgh the twenty third day of September and of our reigne the threteinth year 170i Sic Subscribitur

[23 September 1701] Eodem Die Post Meridiem

A1701/9/101

Proclamation

[Proclamation anent a traitorous paper]

Proclamation anent a traiterous paper Read Voted and approven and appointed to be published the morow wherof the tenor Followes
William by the Grace of God King of great Brittaine France and Ireland defender of the faith; To […] Macers of our privy Councill Messingers at armes our shiriffs in that part Conjunctllie and Severallie Specialy constitute Greeting Forasmuchas Some Malicious and wicked persones have presumed Clandestinly to affix upon the marcat cross of Edinburgh a traiterous paper containeing a declaration of the right and Succession of the Imperiall Crown of this our realme to be devolved upon the death of the late King James on the person of the pretended prince of Wales as only Lawfull Sone to the late King James In detestation to which wicked and treasonable deed; Wee with the advice of the Lords of our privy Councill, Have Ordained the said paper to be burnt solemnly by the hand of the Hangman at the said marcat cross as being most wicked pernicious and rebellious Requyreing and most Strictly Commanding; Likeas Wee with advice forsaid Requyre and most Strictly Command all our good Subjects to doe and use their outmost endeavors for discovering and bring to condigne punishment the authors accessories, and all others Airt and part of the advizeing makeing and affixing of the said wicked paper, as they would not be judged Concealers and not reveilers of the cryme of Lese-Majestie and treason and otherwayes answerable under their highest perill; Lykeas in farder abhorence of the said most wicked and villianous attempt and for the more effectuall discovery of such as may be anywayes the Contrivers advisers authors or abbatters assisters or otherwayes accessory to the makeing or affixing of the forsaid Traiterous paper, Wee with forsaid have thought fitt to offer and assure and hereby offer and assure the soume of Six Thousand pounds Scots money to be given and delyvered to any person whatsoever even though ane accomplice in the said wicked matter; Whom wee hereby indemnifie upon their makeing of the discovery of the other authors therof and accessories therto; So as they may be brought to condigne punishment to be payed to them Immediatly without delay as a due reward of their good Service by the Lords of our Thesaury; Likeas Wee with advice forsaid Doe hereby Requyre and Command the saids Lords of our Thesaury to make punctuall payment to the said discoverer of the forsaid soume of reward Immediatly without all delay as said is Our Will is Heirfore and wee Charge yow Strictly and Command That incontinent these our Letters seen yee pass to the marcat Cross of Edinburgh and ther at in our name and authoritie make publict intimation hereof that non pretend Ignorance And wee ordaine these presents to be printed Given under Our Signet att Edinburgh the twenty third day of September and of our reigne the threteinth year 170i Sic Subscribitur

1. NRS, PC1/52, 289-91.

1. NRS, PC1/52, 289-91.

Sederunt, 23 September 1701(pm), Edinburgh

Posted on by

[23 September 1701] Eodem Die Post Meridiem1

A1701/9/92

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Marquis of Annandale; Earl of Seafeild S.; Earl of Marr; Earl of Leven; Earl of Northesk; Earl of Forfar; Viscount Tarbat; Viscount Teviot; Viscount Rosbery; Lord Montgomry; Lord Carmicheall; Lord President of Session; Lord Advocat; Lord Philiphaugh; Lord Crossrig; Mr Fra: Montgomry; Lord Provost of Eidnburgh; Laird of Meggins

[23 September 1701] Eodem Die Post Meridiem1

A1701/9/92

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Marquis of Annandale; Earl of Seafeild S.; Earl of Marr; Earl of Leven; Earl of Northesk; Earl of Forfar; Viscount Tarbat; Viscount Teviot; Viscount Rosbery; Lord Montgomry; Lord Carmicheall; Lord President of Session; Lord Advocat; Lord Philiphaugh; Lord Crossrig; Mr Fra: Montgomry; Lord Provost of Eidnburgh; Laird of Meggins

1. NRS, PC1/52, 289.

2. NRS, PC1/52, 289.

1. NRS, PC1/52, 289.

2. NRS, PC1/52, 289.

Procedure, 23 September 1701, Edinburgh

Posted on by

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/81

Procedure

Committie anent publict prisoners house dues

The Councill Nominats and appoints the Earle of Seafeild and Lord Carmicheall the two principall Secretaries of State for this kingdome, The Earle of Leven, and his Majesties advocat, To be a Committie to meet with the Lord provest of Edinburgh and to Speak with the said provest anent the house dues of Edinburgh and the Cannogate Tolbooths due by publict prisoners and to consider how the dues for the said publict prisoners ought and should be payed and by whom the samen as to be payed; And Recommends to the said Committie to meet this day at thrie of the Cloak in the afternoon and to report to the Councill at their nixt Sederunt and Declares any thrie of the said Committie to be a Sufficient quorum.
2

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/81

Procedure

Committie anent publict prisoners house dues

The Councill Nominats and appoints the Earle of Seafeild and Lord Carmicheall the two principall Secretaries of State for this kingdome, The Earle of Leven, and his Majesties advocat, To be a Committie to meet with the Lord provest of Edinburgh and to Speak with the said provest anent the house dues of Edinburgh and the Cannogate Tolbooths due by publict prisoners and to consider how the dues for the said publict prisoners ought and should be payed and by whom the samen as to be payed; And Recommends to the said Committie to meet this day at thrie of the Cloak in the afternoon and to report to the Councill at their nixt Sederunt and Declares any thrie of the said Committie to be a Sufficient quorum.
2

1. NRS, PC1/52, 289.

2. The phrase ‘The Councill haveing Received’ scored out here.

1. NRS, PC1/52, 289.

2. The phrase ‘The Councill haveing Received’ scored out here.

Order, 23 September 1701, Edinburgh

Posted on by

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/71

Order

[Recommendation anent prisoner’s aliments]

Anent a Petition given in to the Lords of her Majesties privy Councill be James Hamilton keeper of the Tolbooth of the Cannogate Shewing That the saids Lordships petitioner haveing upon his oun Credit furnished the prisoners of that Tolbooth with bread and drink for thrie years bypast when the same were at a very dear rate to the value of Fyve Thousand merks, and haveing severall times applyed to the saids Lords of his Majesties thesaury for payment therof yet he hade not to this hour received any part of the Samen; And that the saids Lords by their act in May last Ordained the recruits to be raised by the Earle of Orkney to be free of any house dues Albeit the petitioner hade agreed with the officers for them and hade the Saids Lords act for thrie pence per night for each of them, And that the Saids Lords hade ordained the Supplicant to Alliement Mr Oneill prisoner for alleadged being ane popish preist at Twelue pence per diem ever Since the moneth of June Last Wherby the petitioner hade not only reduced himself to great extreamities by the forsaid advances upon his oun Credit But also is therby exposed to the Sever dilligences of Brewars and barks who gave him trust who will not any longer Lye out of their money And that he is not in a present Condition to advance any more and that he cannot expect any payment from the Lords of Thesaury untill the Session Sitt doun Unless the saids Lords in Commisseration of his present Circumstances provyd Remeed And Therfore Humbly Craveing That the saids Lords would be pleased to take the Supplicants present Condition to their Serious consideration by allowing him Such a part of the forsaid Soumes for satisfieing of his Credit to the said brewars and bakers as the said Lords Should think fitt, And for that effect to recommend present payment therof Wherby the petitioner in time to come might be in a better condition to Serve his Majestie and the Saids Lords in the Capacity and Station he was a present in as the petition bears; The Lords of his Majesties privy Councill haveing Considered the petitioner given in to them by the above James Hamilton keeper of the Cannogate Tolbooth They hereby Recommend to the Lords Commissioners of his Majesties thesaury To Cause payment be made to the said James Hamilton petitioner of what he shall instruct was furnished be him as aliement to publict prisoners and particularly to the said Mr Oneill above designed.

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/71

Order

[Recommendation anent prisoner’s aliments]

Anent a Petition given in to the Lords of her Majesties privy Councill be James Hamilton keeper of the Tolbooth of the Cannogate Shewing That the saids Lordships petitioner haveing upon his oun Credit furnished the prisoners of that Tolbooth with bread and drink for thrie years bypast when the same were at a very dear rate to the value of Fyve Thousand merks, and haveing severall times applyed to the saids Lords of his Majesties thesaury for payment therof yet he hade not to this hour received any part of the Samen; And that the saids Lords by their act in May last Ordained the recruits to be raised by the Earle of Orkney to be free of any house dues Albeit the petitioner hade agreed with the officers for them and hade the Saids Lords act for thrie pence per night for each of them, And that the Saids Lords hade ordained the Supplicant to Alliement Mr Oneill prisoner for alleadged being ane popish preist at Twelue pence per diem ever Since the moneth of June Last Wherby the petitioner hade not only reduced himself to great extreamities by the forsaid advances upon his oun Credit But also is therby exposed to the Sever dilligences of Brewars and barks who gave him trust who will not any longer Lye out of their money And that he is not in a present Condition to advance any more and that he cannot expect any payment from the Lords of Thesaury untill the Session Sitt doun Unless the saids Lords in Commisseration of his present Circumstances provyd Remeed And Therfore Humbly Craveing That the saids Lords would be pleased to take the Supplicants present Condition to their Serious consideration by allowing him Such a part of the forsaid Soumes for satisfieing of his Credit to the said brewars and bakers as the said Lords Should think fitt, And for that effect to recommend present payment therof Wherby the petitioner in time to come might be in a better condition to Serve his Majestie and the Saids Lords in the Capacity and Station he was a present in as the petition bears; The Lords of his Majesties privy Councill haveing Considered the petitioner given in to them by the above James Hamilton keeper of the Cannogate Tolbooth They hereby Recommend to the Lords Commissioners of his Majesties thesaury To Cause payment be made to the said James Hamilton petitioner of what he shall instruct was furnished be him as aliement to publict prisoners and particularly to the said Mr Oneill above designed.

1. NRS, PC1/52, 288-9.

1. NRS, PC1/52, 288-9.

Procedure, 23 September 1701, Edinburgh

Posted on by

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/61

Procedure

Recommendation to the Lord Advocat to wryt to the Commissioners of Justiciary anent a probation against Allaster More

The Lords of his Majesties privy Councill Doe hereby Recommend to Sir James Stewart his Majesties advocat to wryt to the Commissioner of Justiciary for the peace of the Highlands in the Northern district and in the Councills name to requyre from them Sufficient information and evidence against Alexander Mcdonald Alias Alester More presently prisoner in the Tolbooth of Edinburgh and to cause send to Edinburgh such witnesses as can prove or bear evidence against the said Alexander Mcdonald alias Alester More And doe hereby Grant personall protectione to the witnesses to be adduced against the said Allaster and Discharges all messengers officers or others to put any Letters of Caption acts of warding or other personall dilligence to execution against the said witnesses in their passing to Edinburgh and returning to their oun home from the […] day of […] To the […] day of […] That they may pass and reposs as his Majesties free Leidges; And the saids Lords Declares that the expences hereof and all others which shall be depurst in prosecuteing the said Allaster More shall be upon the publict Charges.

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/61

Procedure

Recommendation to the Lord Advocat to wryt to the Commissioners of Justiciary anent a probation against Allaster More

The Lords of his Majesties privy Councill Doe hereby Recommend to Sir James Stewart his Majesties advocat to wryt to the Commissioner of Justiciary for the peace of the Highlands in the Northern district and in the Councills name to requyre from them Sufficient information and evidence against Alexander Mcdonald Alias Alester More presently prisoner in the Tolbooth of Edinburgh and to cause send to Edinburgh such witnesses as can prove or bear evidence against the said Alexander Mcdonald alias Alester More And doe hereby Grant personall protectione to the witnesses to be adduced against the said Allaster and Discharges all messengers officers or others to put any Letters of Caption acts of warding or other personall dilligence to execution against the said witnesses in their passing to Edinburgh and returning to their oun home from the […] day of […] To the […] day of […] That they may pass and reposs as his Majesties free Leidges; And the saids Lords Declares that the expences hereof and all others which shall be depurst in prosecuteing the said Allaster More shall be upon the publict Charges.

1. NRS, PC1/52, 287.

1. NRS, PC1/52, 287.

Act, 23 September 1701, Edinburgh

Posted on by

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/51

Act

Act for ane aliement to Allaster More

Anent a petition given in to the Lords of his Majesties privy Councill be Alexander Mcdonald alias Alaster More prisoner in the Tolbooth of Edinburgh Shewing That wher the petitioner haveing been Committed prisoner in the Tolbooth of Edinburgh by warrant of his Majesties advocat in order to the tryall of his alledged crymes of Theft and robbertie And wher he hade been detained now upwards of six moneths without any tryall till at last the said petitioner is necessitat to apply in the termes of the act of parliament anent Undue delayes of tryall to one of the Lords of Justiciary for a precept to messengers for intimating to his majesties advocat That he fix a dyet for a tryall under the certification contained in the said act of parliament; But in regaird the Law allowes his Majesties advocat not only Sixtie dayes for fixing the dyet, But lykewayes Fourtie dayes more for bringing tryall to a close dureing which space the petitioner is in hazard of perishing through famine haveing no Imaginable mean of Subsistance; The saids Lords of Councill were favorably pleased to allow him at this first Imprisonment haveing been denyed him now these four Moneths by past And Therfore Humbly begging the saids Lords would be pleased by their delyverence hereupon to allow the petitioner what Subsistance the saids Lords should think fitt with ane injunction that the same be duely payed and not with held as heretofore hade been done. As the petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them by the above Alexander Mcdonald alias Allaster More; They hereby Allow ane aliement of sex shilling scots per diem to be payed to him from the day and date hereof untill his Liberation Togither with what is resting to him upon their former order And Recommends to the Lords Commissioners of his Majesties Thesaury to cause make payment to George Drummond present master of the Tolbooth of Edinburgh of the said aliement of six shilling Scots per diem to be payed by him to the said petitioner dureing his Imprisonment Togither with what is resting upon their former order.

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/51

Act

Act for ane aliement to Allaster More

Anent a petition given in to the Lords of his Majesties privy Councill be Alexander Mcdonald alias Alaster More prisoner in the Tolbooth of Edinburgh Shewing That wher the petitioner haveing been Committed prisoner in the Tolbooth of Edinburgh by warrant of his Majesties advocat in order to the tryall of his alledged crymes of Theft and robbertie And wher he hade been detained now upwards of six moneths without any tryall till at last the said petitioner is necessitat to apply in the termes of the act of parliament anent Undue delayes of tryall to one of the Lords of Justiciary for a precept to messengers for intimating to his majesties advocat That he fix a dyet for a tryall under the certification contained in the said act of parliament; But in regaird the Law allowes his Majesties advocat not only Sixtie dayes for fixing the dyet, But lykewayes Fourtie dayes more for bringing tryall to a close dureing which space the petitioner is in hazard of perishing through famine haveing no Imaginable mean of Subsistance; The saids Lords of Councill were favorably pleased to allow him at this first Imprisonment haveing been denyed him now these four Moneths by past And Therfore Humbly begging the saids Lords would be pleased by their delyverence hereupon to allow the petitioner what Subsistance the saids Lords should think fitt with ane injunction that the same be duely payed and not with held as heretofore hade been done. As the petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them by the above Alexander Mcdonald alias Allaster More; They hereby Allow ane aliement of sex shilling scots per diem to be payed to him from the day and date hereof untill his Liberation Togither with what is resting to him upon their former order And Recommends to the Lords Commissioners of his Majesties Thesaury to cause make payment to George Drummond present master of the Tolbooth of Edinburgh of the said aliement of six shilling Scots per diem to be payed by him to the said petitioner dureing his Imprisonment Togither with what is resting upon their former order.

1. NRS, PC1/52, 286-7.

1. NRS, PC1/52, 286-7.

Procedure, 23 September 1701, Edinburgh

Posted on by

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/41

Procedure

Committie to Consider the Standart of the fynnes of Gold to be Coyned

The Lords of his Majesties privy Councill Doe hereby Nominat and appoint The Earle of Melvill Lord President of privy Councill; The Earles of Marr and Leven The Lords advocat, Philiphaugh and Crossrig to be a Committie and to call before them the toune Councill and Gold Smiths of Edinburgh and with them to consider what should be the standart of the finnes of the parcell of Gold to be Coyned in his Majesties Mint and appoints them to make their report to the Councill in this matter at thir first Sederunt; And Declares any thrie of them to be a Sufficient quorum.

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/41

Procedure

Committie to Consider the Standart of the fynnes of Gold to be Coyned

The Lords of his Majesties privy Councill Doe hereby Nominat and appoint The Earle of Melvill Lord President of privy Councill; The Earles of Marr and Leven The Lords advocat, Philiphaugh and Crossrig to be a Committie and to call before them the toune Councill and Gold Smiths of Edinburgh and with them to consider what should be the standart of the finnes of the parcell of Gold to be Coyned in his Majesties Mint and appoints them to make their report to the Councill in this matter at thir first Sederunt; And Declares any thrie of them to be a Sufficient quorum.

1. NRS, PC1/52, 285-6.

1. NRS, PC1/52, 285-6.

Warrant, 23 September 1701, Edinburgh

Posted on by

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/31

Warrant

Warant approveing of the magistrats of Edinburgh their Imprisoning Donaldson Gazeteer and Reid printer

The Lord Advocat haveing acqainted the Lords of his Majesties privy Councill That ther was a paper printed anent the late King James his death and the publishing the pretended prince of Wales as King of Brittain at St Germans in France And that Captain […] Donaldson Gazettteer Caused print the same; And that John Reid is printed therof, And that the Magistrats of Edinburgh hade caused Imprison both these persones in the Tolbooth of Edinburgh The saids Lords of privy Councill Doe hereby approve of what the saids Magistrates have done in this matter And appointes the saids two persones to continue prisoners till farder order.

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/31

Warrant

Warant approveing of the magistrats of Edinburgh their Imprisoning Donaldson Gazeteer and Reid printer

The Lord Advocat haveing acqainted the Lords of his Majesties privy Councill That ther was a paper printed anent the late King James his death and the publishing the pretended prince of Wales as King of Brittain at St Germans in France And that Captain […] Donaldson Gazettteer Caused print the same; And that John Reid is printed therof, And that the Magistrats of Edinburgh hade caused Imprison both these persones in the Tolbooth of Edinburgh The saids Lords of privy Councill Doe hereby approve of what the saids Magistrates have done in this matter And appointes the saids two persones to continue prisoners till farder order.

1. NRS, PC1/52, 285-6.

1. NRS, PC1/52, 285-6.