Proclamation, 8 September 1697, Edinburgh

Att Edinburgh the Eight day of September Jaj vic nyntie seven years

A1697/9/71

Proclamation

Proclamation Anent Irish catle revived

William and Mary by the Grace of God King and Queen of Great Brittaine France and Ireland defendars of the faith To […] Macers of Our privie Councell Messengers at armes our shirreffs in that part Conjunctly and severally speciallie Constitut Greeting Forasmuchas The Importing of victuall horse and Coues from Ireland into this Kingdome hath been by diverse Laues and acts of parliament made in the tyme of our royall predecessors discharged under great paines notuithstanding wherof and by reasone of the unsetled state of both Kingdoms The observation of the said Laues hath been of Late much neglected And we being resolved that due and exact obedience shall be given to the saids Laues for the tyme to Come and that they shall be execute with all rigor against such as transgress the same Therfore we with advyce of the Lords of our privie Councill strictly prohibite and discharge the Importing of any meall or other victuall whatsoever or of any horse mares or Coues from the said kingdome of Ireland into this Kingdome aither by the natives therof or Inhabitants in Ireland or any other forraigners whatsoever from and after the day and date heirof under the pains and penalties follouing viz as to the Importing any meall and other victuall That all the meall and victuall which shall be Imported shall be sunk and destroyed And the seaser or discoverer for his reuard shall have the boat bark or vessell wherin the said meall or victuall shall be Imported to dispose of att his pleasure Conform to the fourteenth act of the parliament Jaj vic Eightie Six As also the halfe of the fynes Imposed upon the Importers resetters and heretors by the third Act third session parliament second Charles second And as to the Importing horses Coues and other Catle That no horse mare Coues or other Catle shall be Imported from Ireland to this kingdome under the paine and penaltie of forfaulting therof and furder under the paine of paying the soume of ane hundred merks Scotts for each beast that shall be so Imported The one halfe of both the beasts and fynes to belong to the seaser and discoverer and the other halfe to us and our Thesaury And we with advyce forsaid prohibite and discharge any persone or persons whatsoever to buy use or retaile any Irish meall or victuall or resett or buy any horses mares or nolt that they know to be Imported out of Ireland after the day forsaid under the pains Contained in the saids act of parliament And we with advyce forsaid Have nominated and appointed David Craufurd of Drumsuie to see the forsaids acts of parliament made against Importing of Irish victuall vigorously putt to executione during such tyme and space as our privie Councell shall think fitt With pouer to him to appoint servants and others under him to attend in all places betuixt the head of Kintyre and Lochrayan and from Lochrayan to Drumfreis for the more effectuall performing and discharging their deuty in the premisses Our Will is Herefore And ue Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and to the mercat Crosses of the burghs of Glasgow and Drumfreis and of the head burghs of the severall shires uithin that bounds and therat make publick Intimation of our pleasure in the premisses that none may pretend ignorance And ordaines these presents to be printed Given under our signet at Edinburgh the 13 of March and of our reigne the sixth year 1694. The Lords of his Majesties privie Councill Doe heirby revive the forsaid proclamation Emitted by their Lordships upon March the thretteenth Jaj vic nyntie four Intituled a proclamatione against the Importing of victuall or Cattell from Ireland And ordaines the same to be putt to farder executione In all points And ordaines it to be reprinted and againe published at the head burghs upon the western Coasts And appointes his Majesties sollicitor to Cause transmitt printed Coppies there to the severall offices of his Majesties forraign Customes and Excise wher ther is a Collector And appointes the Collectors to affix a printed Coppie of the said proclamation upon ther severall offices And ordaines thir presents to be printed with the said proclamatione and to be sent and affixt as the said proclamation itself To the effect that none may pretend ignorance.

Att Edinburgh the Eight day of September Jaj vic nyntie seven years

A1697/9/71

Proclamation

Proclamation Anent Irish catle revived

William and Mary by the Grace of God King and Queen of Great Brittaine France and Ireland defendars of the faith To […] Macers of Our privie Councell Messengers at armes our shirreffs in that part Conjunctly and severally speciallie Constitut Greeting Forasmuchas The Importing of victuall horse and Coues from Ireland into this Kingdome hath been by diverse Laues and acts of parliament made in the tyme of our royall predecessors discharged under great paines notuithstanding wherof and by reasone of the unsetled state of both Kingdoms The observation of the said Laues hath been of Late much neglected And we being resolved that due and exact obedience shall be given to the saids Laues for the tyme to Come and that they shall be execute with all rigor against such as transgress the same Therfore we with advyce of the Lords of our privie Councill strictly prohibite and discharge the Importing of any meall or other victuall whatsoever or of any horse mares or Coues from the said kingdome of Ireland into this Kingdome aither by the natives therof or Inhabitants in Ireland or any other forraigners whatsoever from and after the day and date heirof under the pains and penalties follouing viz as to the Importing any meall and other victuall That all the meall and victuall which shall be Imported shall be sunk and destroyed And the seaser or discoverer for his reuard shall have the boat bark or vessell wherin the said meall or victuall shall be Imported to dispose of att his pleasure Conform to the fourteenth act of the parliament Jaj vic Eightie Six As also the halfe of the fynes Imposed upon the Importers resetters and heretors by the third Act third session parliament second Charles second And as to the Importing horses Coues and other Catle That no horse mare Coues or other Catle shall be Imported from Ireland to this kingdome under the paine and penaltie of forfaulting therof and furder under the paine of paying the soume of ane hundred merks Scotts for each beast that shall be so Imported The one halfe of both the beasts and fynes to belong to the seaser and discoverer and the other halfe to us and our Thesaury And we with advyce forsaid prohibite and discharge any persone or persons whatsoever to buy use or retaile any Irish meall or victuall or resett or buy any horses mares or nolt that they know to be Imported out of Ireland after the day forsaid under the pains Contained in the saids act of parliament And we with advyce forsaid Have nominated and appointed David Craufurd of Drumsuie to see the forsaids acts of parliament made against Importing of Irish victuall vigorously putt to executione during such tyme and space as our privie Councell shall think fitt With pouer to him to appoint servants and others under him to attend in all places betuixt the head of Kintyre and Lochrayan and from Lochrayan to Drumfreis for the more effectuall performing and discharging their deuty in the premisses Our Will is Herefore And ue Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and to the mercat Crosses of the burghs of Glasgow and Drumfreis and of the head burghs of the severall shires uithin that bounds and therat make publick Intimation of our pleasure in the premisses that none may pretend ignorance And ordaines these presents to be printed Given under our signet at Edinburgh the 13 of March and of our reigne the sixth year 1694. The Lords of his Majesties privie Councill Doe heirby revive the forsaid proclamation Emitted by their Lordships upon March the thretteenth Jaj vic nyntie four Intituled a proclamatione against the Importing of victuall or Cattell from Ireland And ordaines the same to be putt to farder executione In all points And ordaines it to be reprinted and againe published at the head burghs upon the western Coasts And appointes his Majesties sollicitor to Cause transmitt printed Coppies there to the severall offices of his Majesties forraign Customes and Excise wher ther is a Collector And appointes the Collectors to affix a printed Coppie of the said proclamation upon ther severall offices And ordaines thir presents to be printed with the said proclamatione and to be sent and affixt as the said proclamation itself To the effect that none may pretend ignorance.

1. NRS, PC1/51, 262-4.

1. NRS, PC1/51, 262-4.

Warrant, 8 September 1697, Edinburgh

Att Edinburgh the Eight day of September Jaj vic nyntie seven years

A1697/9/61

Warrant

Warrand for Liberating Hunter

The Lords of his Majesties privie Councill Doe heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to sett at Liberty Furth therof […] Hunter Smith presently prisoner therin In respect he hath Inacted himself in the books of his Majesties privie Councill That he shall appear before their Lordships whensoever he shall be called for or required therto under the penaltie of fyve hundreth merks scotts.

Att Edinburgh the Eight day of September Jaj vic nyntie seven years

A1697/9/61

Warrant

Warrand for Liberating Hunter

The Lords of his Majesties privie Councill Doe heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to sett at Liberty Furth therof […] Hunter Smith presently prisoner therin In respect he hath Inacted himself in the books of his Majesties privie Councill That he shall appear before their Lordships whensoever he shall be called for or required therto under the penaltie of fyve hundreth merks scotts.

1. NRS, PC1/51, 262.

1. NRS, PC1/51, 262.

Act, 8 September 1697, Edinburgh

Att Edinburgh the Eight day of September Jaj vic nyntie seven years

A1697/9/51

Act

Act Mr Theodor Wamphray

Anent the petition given in to the Lords of his Majesties privie Councill By Mr Theodor Umphray minister of the Gospell at Nesting in the Island of Zetland Sheuing That wher the petitioner hath been minister at the said paroch upuards of Fourtie years bygone During which tyme he hath behaved himself as became a Minister of the Gospell And since the happy revolutione hes Carryed himself with all tender respect and regaird to the present Government under his majestie King William And for testifying therof to his people and Flock did cheerfully obey all such orders for keeping of Fasts for the prosperity of his Majesties armes Thanksgivings for his delyverie and praying for his sacred persone so soon as they came to his hand And was aluayes willing and ready to Give all testimony of his fidelity and Loyaltie that the Law should require And having Lately gott Informatione of some acts of parliament requiring all Ministers to take the oath of alleadgance and subscribe the assurance The petitioner thought it his deuty to repaire hither for Certain Information therof and for qualifying himself accordingly And now understanding that ther is ane Act of parliament dated the tuenty third of May Jaj vic nyntie three wherby all therinnamed are ordained to suear the said oath and subscribe the assurance betuixt and the tuenty day of June therafter And that ther is another Act the sixteenth of Jully Jaj vic nyntie five prorogating the dyet as to the Ministers untill september therafter The petitioner hath presumed uith all humility to represent to their Lordships that none of the saids acts was soe much as heard of in the said Countrey of zetland till Long after the tymes appointed therby were elapsed and the Certification of Law Incurred And Considering the short tyme therin prescribed It was Impossible the same could come to any mans knouledge tymously in that Island albeit ane express had been sent theruith much less in the condition the Inhabitants therof are in Being In a manner secluded from all Intercourse uith any other place in the kingdome except once or tuyce at most that ane bark used to Come from Dundie or therabout in the month of March and october yearly But this whyle bygone hes been Interrupted by the French Capers who Continuallie Infest that Coast so that the Inhabitants of zetland have some tymes been Locked up for a whole year uithout having any Certaine account of what is done or transacted in other parts of the Kingdome In relation to the Government And being Informed that their Lordships have been graciously pleased to repone severall ministers who Live at any Considerable distance many wherof have not by farr so much to say for a Just and relevant excuse As the petitioner who Lives in the most remote and Inaccessable Inhabitant Island of Scotland Being above a hundred miles separat from any Land and uithout any boat or bark belonging to the Island that can goe to the Continent And therfore Humblie Craving their Lordships to take the premisses to their serious Consideration And to repone him against the Certificatione of the forsaids acts of parliament And to allow him to qualifie himself before their Lordships or any of their Lordships Number they shall please to appoint as the said petition bears The saids Lords of his Majesties privie Councill Having Considered this petition given in to them by the said Mr Theodor Wmphray They heirby allou the petitioner to take and suear the oath of alleadgance and subscribe the assurance appointed to his Majestie by Act of parliament And that In presence of any one of the Lords of his Majesties privie Councill And upon the petitioners suearing and signing as said is The saids Lords doe heirby repone him against the Certifications Contained in the Acts of parliament anent the said oath and assurance In respect the petitioner hath suorn and signed as said is And Inacted himself in the books of his Majesties privie Councill That he shall submitt himself in all things pertaining to his Doctrine Life and office to the Jurisdiction and Censures of the presbyterian church of his kingdome as now setled by Law.

Att Edinburgh the Eight day of September Jaj vic nyntie seven years

A1697/9/51

Act

Act Mr Theodor Wamphray

Anent the petition given in to the Lords of his Majesties privie Councill By Mr Theodor Umphray minister of the Gospell at Nesting in the Island of Zetland Sheuing That wher the petitioner hath been minister at the said paroch upuards of Fourtie years bygone During which tyme he hath behaved himself as became a Minister of the Gospell And since the happy revolutione hes Carryed himself with all tender respect and regaird to the present Government under his majestie King William And for testifying therof to his people and Flock did cheerfully obey all such orders for keeping of Fasts for the prosperity of his Majesties armes Thanksgivings for his delyverie and praying for his sacred persone so soon as they came to his hand And was aluayes willing and ready to Give all testimony of his fidelity and Loyaltie that the Law should require And having Lately gott Informatione of some acts of parliament requiring all Ministers to take the oath of alleadgance and subscribe the assurance The petitioner thought it his deuty to repaire hither for Certain Information therof and for qualifying himself accordingly And now understanding that ther is ane Act of parliament dated the tuenty third of May Jaj vic nyntie three wherby all therinnamed are ordained to suear the said oath and subscribe the assurance betuixt and the tuenty day of June therafter And that ther is another Act the sixteenth of Jully Jaj vic nyntie five prorogating the dyet as to the Ministers untill september therafter The petitioner hath presumed uith all humility to represent to their Lordships that none of the saids acts was soe much as heard of in the said Countrey of zetland till Long after the tymes appointed therby were elapsed and the Certification of Law Incurred And Considering the short tyme therin prescribed It was Impossible the same could come to any mans knouledge tymously in that Island albeit ane express had been sent theruith much less in the condition the Inhabitants therof are in Being In a manner secluded from all Intercourse uith any other place in the kingdome except once or tuyce at most that ane bark used to Come from Dundie or therabout in the month of March and october yearly But this whyle bygone hes been Interrupted by the French Capers who Continuallie Infest that Coast so that the Inhabitants of zetland have some tymes been Locked up for a whole year uithout having any Certaine account of what is done or transacted in other parts of the Kingdome In relation to the Government And being Informed that their Lordships have been graciously pleased to repone severall ministers who Live at any Considerable distance many wherof have not by farr so much to say for a Just and relevant excuse As the petitioner who Lives in the most remote and Inaccessable Inhabitant Island of Scotland Being above a hundred miles separat from any Land and uithout any boat or bark belonging to the Island that can goe to the Continent And therfore Humblie Craving their Lordships to take the premisses to their serious Consideration And to repone him against the Certificatione of the forsaids acts of parliament And to allow him to qualifie himself before their Lordships or any of their Lordships Number they shall please to appoint as the said petition bears The saids Lords of his Majesties privie Councill Having Considered this petition given in to them by the said Mr Theodor Wmphray They heirby allou the petitioner to take and suear the oath of alleadgance and subscribe the assurance appointed to his Majestie by Act of parliament And that In presence of any one of the Lords of his Majesties privie Councill And upon the petitioners suearing and signing as said is The saids Lords doe heirby repone him against the Certifications Contained in the Acts of parliament anent the said oath and assurance In respect the petitioner hath suorn and signed as said is And Inacted himself in the books of his Majesties privie Councill That he shall submitt himself in all things pertaining to his Doctrine Life and office to the Jurisdiction and Censures of the presbyterian church of his kingdome as now setled by Law.

1. NRS, PC1/51, 260-2.

1. NRS, PC1/51, 260-2.

Letter: to the Council, 8 September 1697, Edinburgh

Att Edinburgh the Eight day of September Jaj vic nyntie seven years

A1697/9/41

Letter: to the Council

Anent a pacquet Boat betuixt Ireland and Scotland

Letter from the Justices of Ireland to the Lord Chancellor In Ansuer to the privie Councills proposalls anent the establishment of pacquet boatts betuixt Scotland and Ireland and the ansuer or scheme Inclosed therin Being also read The Lords of his Majesties privie Councill ordaines the Letter and ansuer or scheme to be recorded And ordaines the manadgers of the post office of Edinburgh to see and ansuer the said peaper of ansuers betuixt and the nixt Councill day which is the fifth day of october ensuing
Folloues the Letter Direct this For the right hounourable The Chancelor of the Kingdome of Scotland
Our very Good Lord Dublin Castle 13 Agust 1697
We have receaved your Lordships Letter uith the proposalls from the Lords of his Majesties privy Councill of Scotland for the establishing of pacquet boats betueen the tuo Kingdomes and having Caused the same to be Considered by the manadgers of the post office here we send your Lordship Inclosed the scheme proposed by them for maintaining such a Correspondence And if their Lordships of the privie Councill ther shall joyn in opinione that tuo boates may be sufficient for that service we Cannot as to the rest perceave any Difficultie remaining We shall be aluayes ready to Contribute what may ly in us touards their Lordships Conveniency and that of the tuo Kingdoms and remaine Our very Good Lord your Lordships most humble servants sic subscribitur William Chester Gallouay.
Folloues the schem Inclosed in the said Letter
Ane ansuer to the proposalls from the Lords of his Majesties privie Councill of Scotland Concerning the Establishment of pacquet boatts betuixt that Kingdome and Ireland
It is Conceaved that tuo pacquet boats may very well serve for transporting of all Letters betueen the tuo Kingdomes which to pass tuyce weekly from each syde uill be sufficient here being only three pacquet boates which doe the duety thryce weekly to and fro through the passage Betuixt this and Holyhead is near thrice the Bredth of that betueen donaghadie and portpatrick The said tuo pacquet Boates to be maintained at the charge of Scotland and may be Keeped on aither syde as they please It not being materiall on which the three pacquet boates Imployed here belonging wholly to this syde The Government here being unwilling to bear any pairt of the Charge as is the postmaster Generall of England and his Deputy here yet touards maintinence of the said tuo pacquet boates at the charge of Scotland It is proposed that the postmaster here shall be at the Charge of Delyvering all Letters Directed to any part of Scotland at Donaghadie to the Master of Each pacquet boat as they shall arryve ther which Letters shall be taxed uith the Irish postage to Donaghadie which postage uill be 4d per Letters single and so proportionallie more for Letters double or of Greater Bulk of which poastage soe taxed It is propounded the post office of Scotland may receave the profite It is further proposed that for all Letters Directed from Scotland to Ireland that the postage may be at the delyverie in of the saids Letters into any post toune in Scotland receaved to Donaghadie in Ireland att which place the postmaster there shall foruard all such Letters speedily to Dublin wher the postmaster shall take care to disperse them to the severall parts of this Kingdome so that for maintaining of the tuo pacquet boates they uill receave on all Letters from Ireland to Scotland the Irish postage As also the Scotch postage from any part of Scotland to portpatrick uith what other postage they may think Good to Lay on Letters for Crossing the sea betueen portpatrick and Donaghadee.

Att Edinburgh the Eight day of September Jaj vic nyntie seven years

A1697/9/41

Letter: to the Council

Anent a pacquet Boat betuixt Ireland and Scotland

Letter from the Justices of Ireland to the Lord Chancellor In Ansuer to the privie Councills proposalls anent the establishment of pacquet boatts betuixt Scotland and Ireland and the ansuer or scheme Inclosed therin Being also read The Lords of his Majesties privie Councill ordaines the Letter and ansuer or scheme to be recorded And ordaines the manadgers of the post office of Edinburgh to see and ansuer the said peaper of ansuers betuixt and the nixt Councill day which is the fifth day of october ensuing
Folloues the Letter Direct this For the right hounourable The Chancelor of the Kingdome of Scotland
Our very Good Lord Dublin Castle 13 Agust 1697
We have receaved your Lordships Letter uith the proposalls from the Lords of his Majesties privy Councill of Scotland for the establishing of pacquet boats betueen the tuo Kingdomes and having Caused the same to be Considered by the manadgers of the post office here we send your Lordship Inclosed the scheme proposed by them for maintaining such a Correspondence And if their Lordships of the privie Councill ther shall joyn in opinione that tuo boates may be sufficient for that service we Cannot as to the rest perceave any Difficultie remaining We shall be aluayes ready to Contribute what may ly in us touards their Lordships Conveniency and that of the tuo Kingdoms and remaine Our very Good Lord your Lordships most humble servants sic subscribitur William Chester Gallouay.
Folloues the schem Inclosed in the said Letter
Ane ansuer to the proposalls from the Lords of his Majesties privie Councill of Scotland Concerning the Establishment of pacquet boatts betuixt that Kingdome and Ireland
It is Conceaved that tuo pacquet boats may very well serve for transporting of all Letters betueen the tuo Kingdomes which to pass tuyce weekly from each syde uill be sufficient here being only three pacquet boates which doe the duety thryce weekly to and fro through the passage Betuixt this and Holyhead is near thrice the Bredth of that betueen donaghadie and portpatrick The said tuo pacquet Boates to be maintained at the charge of Scotland and may be Keeped on aither syde as they please It not being materiall on which the three pacquet boates Imployed here belonging wholly to this syde The Government here being unwilling to bear any pairt of the Charge as is the postmaster Generall of England and his Deputy here yet touards maintinence of the said tuo pacquet boates at the charge of Scotland It is proposed that the postmaster here shall be at the Charge of Delyvering all Letters Directed to any part of Scotland at Donaghadie to the Master of Each pacquet boat as they shall arryve ther which Letters shall be taxed uith the Irish postage to Donaghadie which postage uill be 4d per Letters single and so proportionallie more for Letters double or of Greater Bulk of which poastage soe taxed It is propounded the post office of Scotland may receave the profite It is further proposed that for all Letters Directed from Scotland to Ireland that the postage may be at the delyverie in of the saids Letters into any post toune in Scotland receaved to Donaghadie in Ireland att which place the postmaster there shall foruard all such Letters speedily to Dublin wher the postmaster shall take care to disperse them to the severall parts of this Kingdome so that for maintaining of the tuo pacquet boates they uill receave on all Letters from Ireland to Scotland the Irish postage As also the Scotch postage from any part of Scotland to portpatrick uith what other postage they may think Good to Lay on Letters for Crossing the sea betueen portpatrick and Donaghadee.

1. NRS, PC1/51, 259-60.

1. NRS, PC1/51, 259-60.

Sederunt, 8 September 1697, Edinburgh

Att Edinburgh the Eight day of September Jaj vic nyntie seven years1

A1697/9/32

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Buchan; Earl of Leven; Earl of Annandale; Earl of Ruglen; Lord Ross; Lord Advocat; Lord Justice Clerk; Lord Funtainhall; Laird of Blackbarrony; Laird of Cessnock; Sir Patrick Murray

Att Edinburgh the Eight day of September Jaj vic nyntie seven years1

A1697/9/32

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Buchan; Earl of Leven; Earl of Annandale; Earl of Ruglen; Lord Ross; Lord Advocat; Lord Justice Clerk; Lord Funtainhall; Laird of Blackbarrony; Laird of Cessnock; Sir Patrick Murray

1. NRS, PC1/51, 259.

2. NRS, PC1/51, 259.

1. NRS, PC1/51, 259.

2. NRS, PC1/51, 259.

Warrant, 7 September 1697, Edinburgh

Att Edinburgh the seventh day of September Jaj vic nyntie seven

A1697/9/21

Warrant

Warrand for Letters Against the Earle of Seaforth anent Cornelius Ocon

The Lords of his Majesties privie Councill Doe heirby ordaine Letters to be direct at the Instance of Sir James Steuart his Majesties Advocat Against The Earle of Seaforth Charging him as one of the heads of the highland Clanns upon the acts of parliament to produce before their Lordships upon the fourth day of November nixt to Come the persons of Doctor Cornelius Ocon and Alexander McLane […] whom the saids Lords of privie Councill are Informed are keeped uithin or doe Live upon the Earle of Seaforths Lands with Certification Conform to the acts of parliament And also to Cite George McKenzie the Earls uncle to appear before their Lordships the day forsaid And Recommends to his Majesties Advocat to wryte to the Earle that if he faill to produce the saids persons att the day forsaid The Councill will order him to be charged upon his bond to appear before them And also to wryte to Colonell Hill at Fortwilliam that he send to Edinburgh Leivtennant Walkenshaw who is in that garrison to attend the Councill in the forsaid affair of Mr Ocons.

Att Edinburgh the seventh day of September Jaj vic nyntie seven

A1697/9/21

Warrant

Warrand for Letters Against the Earle of Seaforth anent Cornelius Ocon

The Lords of his Majesties privie Councill Doe heirby ordaine Letters to be direct at the Instance of Sir James Steuart his Majesties Advocat Against The Earle of Seaforth Charging him as one of the heads of the highland Clanns upon the acts of parliament to produce before their Lordships upon the fourth day of November nixt to Come the persons of Doctor Cornelius Ocon and Alexander McLane […] whom the saids Lords of privie Councill are Informed are keeped uithin or doe Live upon the Earle of Seaforths Lands with Certification Conform to the acts of parliament And also to Cite George McKenzie the Earls uncle to appear before their Lordships the day forsaid And Recommends to his Majesties Advocat to wryte to the Earle that if he faill to produce the saids persons att the day forsaid The Councill will order him to be charged upon his bond to appear before them And also to wryte to Colonell Hill at Fortwilliam that he send to Edinburgh Leivtennant Walkenshaw who is in that garrison to attend the Councill in the forsaid affair of Mr Ocons.

1. NRS, PC1/51, 258.

1. NRS, PC1/51, 258.

Sederunt, 7 September 1697, Edinburgh

Att Edinburgh the seventh day of September Jaj vic nyntie seven1

A1697/9/12

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Buchan; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Ruglen; Lord Beilhaven; Lord Advocat; Lord Justice Clerk; Lord Funtainhall; Laird of Blackbarrony; Laird of Stevensone; Laird of Cessnock; Provost of Edinburgh; Sir Patrick Murray

Att Edinburgh the seventh day of September Jaj vic nyntie seven1

A1697/9/12

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Buchan; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Ruglen; Lord Beilhaven; Lord Advocat; Lord Justice Clerk; Lord Funtainhall; Laird of Blackbarrony; Laird of Stevensone; Laird of Cessnock; Provost of Edinburgh; Sir Patrick Murray

1. NRS, PC1/51, 258.

2. NRS, PC1/51, 258.

1. NRS, PC1/51, 258.

2. NRS, PC1/51, 258.

Act, 30 September 1696, Edinburgh

At the Abbay of Halyrudehouse the Threttieth day of September Jaj vic nyntie six years

A1696/9/301

Act

Act Lord Jedburgh to be master of the Game in Roxburghshire

His Majesties high Commissioner And the Lords of his Majesties privie Councill Doe heirby nominat and appoint William Lord Jedburgh to be Master of the Game within the shire of Roxburgh with the same pouers priviledges and faculties that is Given and Committed to any other Master of Game within this Kingdome nominat in the proclamation of Councill appointing Masters of Game To be also freely and fullie Enjoyed and exercised by his Lordship as if he had been from the Beginning nominated and appointed by the said proclamatione.

At the Abbay of Halyrudehouse the Threttieth day of September Jaj vic nyntie six years

A1696/9/301

Act

Act Lord Jedburgh to be master of the Game in Roxburghshire

His Majesties high Commissioner And the Lords of his Majesties privie Councill Doe heirby nominat and appoint William Lord Jedburgh to be Master of the Game within the shire of Roxburgh with the same pouers priviledges and faculties that is Given and Committed to any other Master of Game within this Kingdome nominat in the proclamation of Councill appointing Masters of Game To be also freely and fullie Enjoyed and exercised by his Lordship as if he had been from the Beginning nominated and appointed by the said proclamatione.

1. NRS, PC1/51, 19.

1. NRS, PC1/51, 19.

1. NRS, PC1/51, 19.

1. NRS, PC1/51, 19.

Sederunt, 30 September 1696, Edinburgh

At the Abbay of Halyrudehouse the Threttieth day of September Jaj vic nyntie six years1

A1696/9/292

Sederunt

His Majesties high Commissioner; Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Argyll; Earl of Mortoun; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Kintoir; Lord John Hamilton; Lord Raith; Lord Ross; Lord Beilhaven; Lord Carmichaell; Lord Ruhven; Sir James Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Anstruther; Mr Francis Montgomery; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Leyes; Laird of Stevenson; Sir Thomas Livingstoun; Laird of Cessnock; Laird of Balhousie

At the Abbay of Halyrudehouse the Threttieth day of September Jaj vic nyntie six years1

A1696/9/292

Sederunt

His Majesties high Commissioner; Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Argyll; Earl of Mortoun; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Kintoir; Lord John Hamilton; Lord Raith; Lord Ross; Lord Beilhaven; Lord Carmichaell; Lord Ruhven; Sir James Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Anstruther; Mr Francis Montgomery; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Leyes; Laird of Stevenson; Sir Thomas Livingstoun; Laird of Cessnock; Laird of Balhousie

1. NRS, PC1/51, 19.

2. NRS, PC1/51, 19.

1. NRS, PC1/51, 19.

2. NRS, PC1/51, 19.

Decreet, 23 September 1696, Edinburgh

Att Edinburgh The Twenty Third day of September Jaj vic nyntie six years

A1696/9/281

Decreet

Decreet and Act His Majesties Advocat Against McDougall and Smith rablers

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of his Majesties privie Councill att the instance of Sir James Steuart his Majesties Advocat for his highness Interest in the matter underwryten Mentioning That whereas by the Laus of all well Governed nations The raising of a tumult or Concurring therein are Crimes of a high nature and severely punishable And it being of veritie that some of the toune officers having apprehended James Gibson Gunsmith in the Castle of Edinburgh by vertue of ane Act of warding And some persons hath Come into the place when he was to rescue him And the officers having sent for a partie of the Guard to their assistance And as they were Carrying the saids persons to the guard a Number of people having Conveened In a tumultuarie Manner They Assaulted the Guaird by throwing stones at them and using other acts of violence touards them And Alexander Munteith Deacon conveener2 having come out to Indeavour to dissipat the rabble he was wounded in the head And James Mcdugall servitor to Sir William Scott of Harden William Lindsay and Andrew Smith servitors to William Fisher were Instrumentall in raising the said tumult at Last did Concurr In so farr as The said James Mcdugall with others did throw stones at the Guaird and when he was reproved for he most arrogantly and disdainfullie ansuered That he would not Give over untill these persons that were prisoners were sett free out of the Guard And that he would be avenged upon the Rogues Meaning the party of the Guaird or had Some such expressions to that purpose And the saids forenamed persons Did most Cruellie and Barbarously bate and strick David McLeish one of the souldiers of the guaird who was sent with some of the souldiers to Guaird one of the Closs heads to Keep off the rable from assaulting the Guaird off which Crime of raising a tumult within Burgh or Concurring therein The forenamed persons are guiltie as actors airt and part And therefore ought to be examplarly punished in their persons and Goods To the example and terror of others to Committ the Lyke in tyme coming And anent the charge given to the saids Defenders to have Compeared personallie before the saids Lords of his Majesties privie Councill at ane Certain day bygone To have ansuered to the Grounds of the above wryten Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should think fitt under the paine of rebellion and putting them to the horne with Certification etc as the said principall Lybell or Letters of Complaint with the executions thereof at more Length proports Which Lybell Being this very day Called in presence of his Majesties high Commissioner and the Lords of his Majesties privie Councell And the Lord Advocat and Sir Patrick Home his Majesties Sollicitor Compearing personallie for his Majesties Interest And the said James Mcdugall and Andrew Smith Compearing also personallie his Majesties high Commissioner and Lords of his Majesties privie Councill having Considered the said Lybell They have assoilzied and heirby assoilzies the said James Mcdugall From the points and articles of the said Lybell And Declares him quyte thereof and free therfrom in all tyme coming And ordaines the Magistrats of Edinburgh and Keeper of their tolbooth to sett him at Libertie furth thereof And have admitted and hereby admitts the said Lybell to probation Against the said Andrew Smith And the witnesses Cited Being Called and not Compearing his Majesties high Commissioner and Lords of his Majesties privie Councill Doe heirby Grant Farder dilligence by Caption Against the saids witnesses untill the […] day of […].

Att Edinburgh The Twenty Third day of September Jaj vic nyntie six years

A1696/9/281

Decreet

Decreet and Act His Majesties Advocat Against McDougall and Smith rablers

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of his Majesties privie Councill att the instance of Sir James Steuart his Majesties Advocat for his highness Interest in the matter underwryten Mentioning That whereas by the Laus of all well Governed nations The raising of a tumult or Concurring therein are Crimes of a high nature and severely punishable And it being of veritie that some of the toune officers having apprehended James Gibson Gunsmith in the Castle of Edinburgh by vertue of ane Act of warding And some persons hath Come into the place when he was to rescue him And the officers having sent for a partie of the Guard to their assistance And as they were Carrying the saids persons to the guard a Number of people having Conveened In a tumultuarie Manner They Assaulted the Guaird by throwing stones at them and using other acts of violence touards them And Alexander Munteith Deacon conveener2 having come out to Indeavour to dissipat the rabble he was wounded in the head And James Mcdugall servitor to Sir William Scott of Harden William Lindsay and Andrew Smith servitors to William Fisher were Instrumentall in raising the said tumult at Last did Concurr In so farr as The said James Mcdugall with others did throw stones at the Guaird and when he was reproved for he most arrogantly and disdainfullie ansuered That he would not Give over untill these persons that were prisoners were sett free out of the Guard And that he would be avenged upon the Rogues Meaning the party of the Guaird or had Some such expressions to that purpose And the saids forenamed persons Did most Cruellie and Barbarously bate and strick David McLeish one of the souldiers of the guaird who was sent with some of the souldiers to Guaird one of the Closs heads to Keep off the rable from assaulting the Guaird off which Crime of raising a tumult within Burgh or Concurring therein The forenamed persons are guiltie as actors airt and part And therefore ought to be examplarly punished in their persons and Goods To the example and terror of others to Committ the Lyke in tyme coming And anent the charge given to the saids Defenders to have Compeared personallie before the saids Lords of his Majesties privie Councill at ane Certain day bygone To have ansuered to the Grounds of the above wryten Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should think fitt under the paine of rebellion and putting them to the horne with Certification etc as the said principall Lybell or Letters of Complaint with the executions thereof at more Length proports Which Lybell Being this very day Called in presence of his Majesties high Commissioner and the Lords of his Majesties privie Councell And the Lord Advocat and Sir Patrick Home his Majesties Sollicitor Compearing personallie for his Majesties Interest And the said James Mcdugall and Andrew Smith Compearing also personallie his Majesties high Commissioner and Lords of his Majesties privie Councill having Considered the said Lybell They have assoilzied and heirby assoilzies the said James Mcdugall From the points and articles of the said Lybell And Declares him quyte thereof and free therfrom in all tyme coming And ordaines the Magistrats of Edinburgh and Keeper of their tolbooth to sett him at Libertie furth thereof And have admitted and hereby admitts the said Lybell to probation Against the said Andrew Smith And the witnesses Cited Being Called and not Compearing his Majesties high Commissioner and Lords of his Majesties privie Councill Doe heirby Grant Farder dilligence by Caption Against the saids witnesses untill the […] day of […].

1. NRS, PC1/51, 17-8.

2. The phrase ‘Deacon conveeer’ is an insertion.

3. NRS, PC1/51, 19.

1. NRS, PC1/51, 17-8.

2. The phrase ‘Deacon conveeer’ is an insertion.

3. NRS, PC1/51, 19.