Tag Archives: September

Act, 6 September 1694 (pm), Edinburgh

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[6 September] Eodem Die Post meridium

A1694/9/211

Act

Act Daniell Simpson for Mr John Wilson

Anent the petition givin In by Daniell Sympson to the Lords of his Majesties privy Council, Shewing that wher the saids Lords by their sentance of the date the 24th day of Jully last having depryved Mr John Wilson, late minister of Kirkwall of his benefice, and Declared the Church vacant and appointed him to remove from the manse and Gleib therof, and to leave the same void and redd, and confyned him to the Isleand of Zeatland and ordained him to repair to the place of his Confynment betuixt and the first day of October nixt, and remaine there during their Lordships pleasure, and that he should find Cautione for that Effect, Lykas their Lordships petitioner becam Cautioner for the fullfilling and obeying their Lordships forsaid sentence, But now their petitioner fearing that throw the uncertainty of Passage from Orkney to Zeatland, and throw the great windes and the other tempestuous weather and stormes that now raiges, and also the great number of French privateers that infest and Constantly haunt and ly upon the Coasts of the saids Islands of Orkney and Zeatland, That therthrow the said Mr John Wilson cannot repare and get himself transported to the forsaid place of his confinment within the short tyme allowed by their Lordships sentance Altho their petitioner knowes and is weill assured that he uses all possible means and Endeavors to Transport himself to the said Island in obedience to their Lordships forsaid sentence, And which in a little tyme more he will be able to doe But at present no boat or vessell dares nor will Engage to transport him untill the French privateers leave these coasts and repaire home and these rageing winds and tempestuous weather fall and become Calme. Which petition being at Length Considered by the saids Lords of their Majesties privy Councill They hereby prorogat the day appointed for the said Mr John Wilsone to repair to his confinment till the first day of March nixt, and Declares that no Execution shall pass upon the bond granted be him and the petitioner his Cautioner as to that clause therof anent his repairing to his Confynement betuixt and the Said first of October nixt, If he repaire to the same betuixt and the said first of March nixt.
2

[6 September] Eodem Die Post meridium

A1694/9/211

Act

Act Daniell Simpson for Mr John Wilson

Anent the petition givin In by Daniell Sympson to the Lords of his Majesties privy Council, Shewing that wher the saids Lords by their sentance of the date the 24th day of Jully last having depryved Mr John Wilson, late minister of Kirkwall of his benefice, and Declared the Church vacant and appointed him to remove from the manse and Gleib therof, and to leave the same void and redd, and confyned him to the Isleand of Zeatland and ordained him to repair to the place of his Confynment betuixt and the first day of October nixt, and remaine there during their Lordships pleasure, and that he should find Cautione for that Effect, Lykas their Lordships petitioner becam Cautioner for the fullfilling and obeying their Lordships forsaid sentence, But now their petitioner fearing that throw the uncertainty of Passage from Orkney to Zeatland, and throw the great windes and the other tempestuous weather and stormes that now raiges, and also the great number of French privateers that infest and Constantly haunt and ly upon the Coasts of the saids Islands of Orkney and Zeatland, That therthrow the said Mr John Wilson cannot repare and get himself transported to the forsaid place of his confinment within the short tyme allowed by their Lordships sentance Altho their petitioner knowes and is weill assured that he uses all possible means and Endeavors to Transport himself to the said Island in obedience to their Lordships forsaid sentence, And which in a little tyme more he will be able to doe But at present no boat or vessell dares nor will Engage to transport him untill the French privateers leave these coasts and repaire home and these rageing winds and tempestuous weather fall and become Calme. Which petition being at Length Considered by the saids Lords of their Majesties privy Councill They hereby prorogat the day appointed for the said Mr John Wilsone to repair to his confinment till the first day of March nixt, and Declares that no Execution shall pass upon the bond granted be him and the petitioner his Cautioner as to that clause therof anent his repairing to his Confynement betuixt and the Said first of October nixt, If he repaire to the same betuixt and the said first of March nixt.
2

1. NRS, PC1/50, 13.

2. Marginal note: A proclamatione Discharging persons to be brought from the Netherlands without passes past this day and booked at the End of the day following P. Licet.

        

        

1. NRS, PC1/50, 13.

2. Marginal note: A proclamatione Discharging persons to be brought from the Netherlands without passes past this day and booked at the End of the day following P. Licet.

        

Proclamation, 6 September 1694 (pm), Edinburgh

Posted on by

[6 September] Eodem Die Post meridium

A1694/9/201

Proclamation

A proclamation for bringing in the Lists and determining Debates about the Polemoney

The proclamation after insert, Being read, approven and signed was ordered to be recorded, wherof the Tenor followes. William and Mary By the grace of God, King and Queen of great Britain, France and Ireland, Defender of the faith, To and etc Macers of our privy Council, messengers at armes, our Shereffs in that pairt Conjunctllie and severallie specially constitut greeting, Forasmuch as albeit2 by the ninth Act of the fourth Cession of this our Current parliament The Commissioners of supply within the severall shyres and magistrats of the severall burghes Royall of this kingdom are appointed and ordained to meet at the respective places mentioned in the said Act and upon the particular dayes of the moneth of August last bypast and take up rolls and Lists of all the poleable persons within their respective bounds, containing the names, qualities and degrees of the severall persons and valow of the Estates belonging to them conform to the said act. and we by our proclamation of the date, the second day of the said moneth of August last required and commanded the Commissioners of our supply to goe dilligently about the making up of the saids lists and Impouered them to condescend upon and Designe ane Heretor above ane hundered pound scots of valued rent, at liest in each parioch wher no Commissioner or magistrat lives, who being 3 so designed should proceed and make up the rolls and state the pole money within the said parioch and report the Lists so made up to the Clerk of the Commissioners of supply who was to transmitt the same with the lists made up by the Commissioners themselves of the severall parioches within which they dwell to the office of the pole money keept at Edinburgh betuixt and the day appointed by the forsaid act of parliament. yet in many shires within this kingdome the saids Commissioners of supply and magistrats of burghs have Either not at all mett or where they have mett did not nominat persons in the severall parioches to make up the Rolls and state the pole money, or wher persons have bein nominat within the severall parioches, they have bein negligent and failled in performance of what was Injoyned and required of them by the forsaid act of parliament anent the pole money and our former proclamatione following theron, Therfor we with advice of the Lords of our privy Council peremptorly Require and Command the Commissioners of Supply within the severall shyres and magistrats of burghes within this our ancient Kingdom To meet and mak up lists and rolls of the poleable persons within the severall 4 parioches wher they dwell and to nominat and appoint one Heretor within every parioch of ane hundered pound scots of valued rent, at liest who being so designed, We herby requir and Command them to make up the Lists and rolls of the poleable persones within their severall bounds Containing the names, qualities and degrees of the severall persons and the valow of the Estates belonging to them and transmitt the same to the Clerks of the Commissioners of Supply who are to send them to the pole money office at Edinburgh conform to the former proclamatione made theranent. And we with advice forsaid require and command the saids severall Commissioners and particular Heritors designed within each parioch by them, To attend at the Parioch Church within their respective bounds upon such a day in the forenoon as shal be intimate to5 them by the Farmers of the polemoney and to the Inhabitants within the said parioch at the Church door therof upon the sunday after divin service preceeding the said day, and ther to Judge and determin all debates and Contraversies that shall arise betwixt any of our Leidges within the said parioch and the farmors of our pole money or their subfermors or Collectors anent the said pole money, Lists therof, qualities or degrees of the severall persones within the said parioch and valow of the Estates belonging to them, whose sentance therin shall be sufficiant warrand and rule according wherunto they are to Collect and Levy the said pole money, Certifieing the saids Commissioners and magistrats of Burghes who shall Either faill to meet or being mett, faile to designe Heretors of the severall parioches for making up the saids Rolls and Lists and the saids heretors being so designed and particular Commissioners within the parioches wher they dwell respectively who shall not deuly make up the Roles and Lists and deliver the same to the Clerk of supply in maner forsaid and who shall not punctually attend at the respective parioch Churches to Judge and determin in the Cases above Exprest upon Intimation givin in maner above mentioned, Our Letters of horning shall be direct against them and each of them at the Instance of any of the Farmors of the pole money their subtacksmen or Collectors, Charging them therto under the paine of five pound scots totius quoties to be payed to the Chairgers And we hereby require the Clerks of our privy Council to grant to them the forsaid Letters of horning in Common form to that Effect And for the more easie stating the said pole money and uplifting therof, we with advice of our privy Council and conform to the power granted to them by the forsaid act of Parliament, herby command and require all Heretors or at liest their Tutors Factors or Chamberlaines to give in to the said respective Commissioner or Heretor designed for the parioch in which they dwell, within the tyme Contained in the said act of Parliament, the number and names of all the Tennents who have taken lands or houses immediatly of the Heretors or proprietors and all Tennants 6 in lands or houses to give in, In maner forsaid, the number and names of their subtennents and Cottars under the paine of Tuelve shilling scots for each Tutor factor or Chamberlaine and six shilling scots for each Tennant failling in the premisses, To be applyed to the use of our saids Fermors their subtacksmen or Collectors by and attour the said pole money wherin they are respective Lyable Our will is Herefore and ue Chairge yow strictly and Command, that in Continent these our Letters seen, ye pass to the mercat cross of Edinburgh and the remanent Mercat Crosses of the head Burghes of the severall shires within this Kingdome and ther in our name and authority by open proclamation make Intimation of the premisses that non pretend ignorance. Givin under our signet at Edinburgh the sixt day of September and of our Reign the sixth year 1694. Sic subscribitur Tweeddale Cancell: Annandale Forfar, Breadalbane, Tarbat, Yester, Carmichaell, James Steuart, Adam Cokburne.

[6 September] Eodem Die Post meridium

A1694/9/201

Proclamation

A proclamation for bringing in the Lists and determining Debates about the Polemoney

The proclamation after insert, Being read, approven and signed was ordered to be recorded, wherof the Tenor followes. William and Mary By the grace of God, King and Queen of great Britain, France and Ireland, Defender of the faith, To and etc Macers of our privy Council, messengers at armes, our Shereffs in that pairt Conjunctllie and severallie specially constitut greeting, Forasmuch as albeit2 by the ninth Act of the fourth Cession of this our Current parliament The Commissioners of supply within the severall shyres and magistrats of the severall burghes Royall of this kingdom are appointed and ordained to meet at the respective places mentioned in the said Act and upon the particular dayes of the moneth of August last bypast and take up rolls and Lists of all the poleable persons within their respective bounds, containing the names, qualities and degrees of the severall persons and valow of the Estates belonging to them conform to the said act. and we by our proclamation of the date, the second day of the said moneth of August last required and commanded the Commissioners of our supply to goe dilligently about the making up of the saids lists and Impouered them to condescend upon and Designe ane Heretor above ane hundered pound scots of valued rent, at liest in each parioch wher no Commissioner or magistrat lives, who being 3 so designed should proceed and make up the rolls and state the pole money within the said parioch and report the Lists so made up to the Clerk of the Commissioners of supply who was to transmitt the same with the lists made up by the Commissioners themselves of the severall parioches within which they dwell to the office of the pole money keept at Edinburgh betuixt and the day appointed by the forsaid act of parliament. yet in many shires within this kingdome the saids Commissioners of supply and magistrats of burghs have Either not at all mett or where they have mett did not nominat persons in the severall parioches to make up the Rolls and state the pole money, or wher persons have bein nominat within the severall parioches, they have bein negligent and failled in performance of what was Injoyned and required of them by the forsaid act of parliament anent the pole money and our former proclamatione following theron, Therfor we with advice of the Lords of our privy Council peremptorly Require and Command the Commissioners of Supply within the severall shyres and magistrats of burghes within this our ancient Kingdom To meet and mak up lists and rolls of the poleable persons within the severall 4 parioches wher they dwell and to nominat and appoint one Heretor within every parioch of ane hundered pound scots of valued rent, at liest who being so designed, We herby requir and Command them to make up the Lists and rolls of the poleable persones within their severall bounds Containing the names, qualities and degrees of the severall persons and the valow of the Estates belonging to them and transmitt the same to the Clerks of the Commissioners of Supply who are to send them to the pole money office at Edinburgh conform to the former proclamatione made theranent. And we with advice forsaid require and command the saids severall Commissioners and particular Heritors designed within each parioch by them, To attend at the Parioch Church within their respective bounds upon such a day in the forenoon as shal be intimate to5 them by the Farmers of the polemoney and to the Inhabitants within the said parioch at the Church door therof upon the sunday after divin service preceeding the said day, and ther to Judge and determin all debates and Contraversies that shall arise betwixt any of our Leidges within the said parioch and the farmors of our pole money or their subfermors or Collectors anent the said pole money, Lists therof, qualities or degrees of the severall persones within the said parioch and valow of the Estates belonging to them, whose sentance therin shall be sufficiant warrand and rule according wherunto they are to Collect and Levy the said pole money, Certifieing the saids Commissioners and magistrats of Burghes who shall Either faill to meet or being mett, faile to designe Heretors of the severall parioches for making up the saids Rolls and Lists and the saids heretors being so designed and particular Commissioners within the parioches wher they dwell respectively who shall not deuly make up the Roles and Lists and deliver the same to the Clerk of supply in maner forsaid and who shall not punctually attend at the respective parioch Churches to Judge and determin in the Cases above Exprest upon Intimation givin in maner above mentioned, Our Letters of horning shall be direct against them and each of them at the Instance of any of the Farmors of the pole money their subtacksmen or Collectors, Charging them therto under the paine of five pound scots totius quoties to be payed to the Chairgers And we hereby require the Clerks of our privy Council to grant to them the forsaid Letters of horning in Common form to that Effect And for the more easie stating the said pole money and uplifting therof, we with advice of our privy Council and conform to the power granted to them by the forsaid act of Parliament, herby command and require all Heretors or at liest their Tutors Factors or Chamberlaines to give in to the said respective Commissioner or Heretor designed for the parioch in which they dwell, within the tyme Contained in the said act of Parliament, the number and names of all the Tennents who have taken lands or houses immediatly of the Heretors or proprietors and all Tennants 6 in lands or houses to give in, In maner forsaid, the number and names of their subtennents and Cottars under the paine of Tuelve shilling scots for each Tutor factor or Chamberlaine and six shilling scots for each Tennant failling in the premisses, To be applyed to the use of our saids Fermors their subtacksmen or Collectors by and attour the said pole money wherin they are respective Lyable Our will is Herefore and ue Chairge yow strictly and Command, that in Continent these our Letters seen, ye pass to the mercat cross of Edinburgh and the remanent Mercat Crosses of the head Burghes of the severall shires within this Kingdome and ther in our name and authority by open proclamation make Intimation of the premisses that non pretend ignorance. Givin under our signet at Edinburgh the sixt day of September and of our Reign the sixth year 1694. Sic subscribitur Tweeddale Cancell: Annandale Forfar, Breadalbane, Tarbat, Yester, Carmichaell, James Steuart, Adam Cokburne.

1. NRS, PC1/50, 10-12.

2. Insertion.

3. The letter ‘d’ scored out here.

4. The word ‘shires’ scored out here.

5. Insertion, with the word ‘by’ scored out.

6. The word ‘of’ scored out here.

        

        

1. NRS, PC1/50, 10-12.

2. Insertion.

3. The letter ‘d’ scored out here.

4. The word ‘shires’ scored out here.

5. Insertion, with the word ‘by’ scored out.

6. The word ‘of’ scored out here.

        

Act, 6 September 1694 (pm), Edinburgh

Posted on by

[6 September] Eodem Die Post meridium

A1694/9/191

Act

[Deprivation Charles Kay minister at South Leith]

Anent the Lybell or Letters of Complaint Raised and persued befor the Lords of their Majesties privie Council at the Instance of Sir James Steuart their Majesties Advocat for their Highness Interest in the matter underwrittin, making mention That wher by the sixtin Act of the Convention of States Jaj vjc Eighty Nyn, It is ordained that all the Ministers of the Gospell within the Kingdome publickly pray for us King William and Queen Mary as King and Qween of this Realm, And by the Thretie fyfth Act of the second session of this our Current Parliament Jaj vjc and Nyntie, It is farder Statut That the said Act of the states be putt to farder Execution against all such ministers who have not as yet givin obedience therto by praying for us in maner forsaid, Lykas by the Sixth Act of the fourth Session of this our present Parliament Jaj vjc and Nyntie thrie It is Statute that all preachers and ministers of the Gospell whatsomever shall swear the oath of alledgance and subscryve the Assurance subjoyned to the said Act befor the persons appointed to administerat the same, and that Betuixt and the dayes set for that Effect, and that under the paine that Ministers provided to Kirks, and not swearing and subscryving, as said is, shall be depryved of their Benefices. As also it is the duty of all Ministers of the Gospell to Observe and Celebrat fasts and thanksgivings in maner prescrybed the acts and proclamations Emitted theranent, and under the certification therin set doun. Nevertheless it is of verity. That Mr Charles Key, one of the Ministers of South Leith, shakeing off all his Duty to their Majesties King William and Queen Mary and notwithstanding of the said Act of Convention and acts of Parliament and others forsaid, He hath not and doeth not publickly pray for us King William and Qween Mary as king and queen of this Realm. But tho he hath sometimes made a shew of doing the same, yet hath he never at any time done it in the Express terms of the Act of Convention, But either for the most prayes generally and ambiguouslie, for the King and Qween and all the Royall familie, And frequently with other words and Circumstances that plainly Enough point at ane other meaning then to be for King William and Queen Mary as King and Queen of this Realm, Or if at any time he hath named them to Elud the Law, It hath bein in no better terms, or at Lest in one or other of the dayes of his publick preaching since the making of the saids Acts, He hath used these terms, That God would bless our King and Queen, and William and Mary, Or our King and Qween, William and Mary and the rest of the Royall family, By which his purpose of Evading and declyning the obedience dew to the law and his duty to us is sufficently manifest Lykas to Evince his insincerity and double dealling in the said mater, and that he never Intended to pray for us as King and Queen of this Realm, He hath refused, at liest hitherto hath not obeyed the Law nor taken the Oath of Alledgance nor subscrybed the assurance, but hath contemptuously suffered the severall dayes appointed by the saids Acts of Parliament, as first the Tuentie of June and then the tenth of Jully both last bypast, To Elapse without taking and subscribing the said oath and assurance as his other Bretherin of the Presbetry did befor the Persons therto appointed and yet still possesses his Kirk, notwithstanding that by the forsaids Acts he be depryved therfrae, nor hath he at any time keeped the publick fasts and thanksgivings appointed since the late happy Revolution according to the trew meaning and intent of the acts and proclamations Emitted theranent, But making almost a bare shew of publick preaching and praying, hath not at all noticed the duty of the day in Either preaching or praying suteably therto, But hath prayed and preached Either quite Indifferently or somtimes, specially on dayes of fasting, with Noads and Insinuations, That he keeped the day for quite other persons and things then was Intended by the saids Acts and proclamations, as particularly by saying In his preaching on ane of the saids dayes of fasting, It will be a token of averting our Captivity, If Kings and great ones of the Earth were weeping, fasting and mourning etc with many other Expressiones then and at other Occasions of the same Import, of all which transgressions and delinquincies, the said Mr Charles Key being found guilty, airt and pairte, He ought to be punished by the paines of Law, To the Example and terror of others to committ the like in tyme comeing, And anent the Chairge givin to the said defenders to have Compeared befor the saids Lords at ane Certan day nou bygone, To have ansuered to the poynts of the above 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 etc as the principall Lybell or Complaint and Executions therof more fully bears, Which Lybell or Complaint being this day called in presence of the saids Lords of their majesties privy Council and the said Sir James Steuart their Majesties Advocat for their highness intress. Compearing personally, and the said Mr Charles Key defender Compeared also personally, The Lybell and answers therto givin be the said defender, Being read, Their Majesties Advocat Declared that he insisted against the said Mr Key upon that poynt of the Lybell, that he hes not qualified himself in the terms of the Act of parliament by taking the oath of alledgance and assurance and therfor Craved he might be depryved and ordained to remove from Manse and Gleib. The saids Lords having Considered the Lybell and ansuers made therto for Mr Key, They have depryved and hereby deprives, The said Mr. Charles Key from his benefice as one of the Ministers of the kirk of South Leith, and declares the said Church vacant as to him, And have discharged and herby discharges him to preach or Exercise any other pairt of his Ministeriall function within the parioch of South Leith, And decerns and ordaines him to flitt and remove himself, family and servants from the manse and Gleib, and Leave the same voyd and red betuixt and the feast and term of mertimess nixt to come And ordaines Letters of horneing under the signet of Councill upon fiftin dayes and other executorialls needfull to pass heron in form as Effeirs

[6 September] Eodem Die Post meridium

A1694/9/191

Act

[Deprivation Charles Kay minister at South Leith]

Anent the Lybell or Letters of Complaint Raised and persued befor the Lords of their Majesties privie Council at the Instance of Sir James Steuart their Majesties Advocat for their Highness Interest in the matter underwrittin, making mention That wher by the sixtin Act of the Convention of States Jaj vjc Eighty Nyn, It is ordained that all the Ministers of the Gospell within the Kingdome publickly pray for us King William and Queen Mary as King and Qween of this Realm, And by the Thretie fyfth Act of the second session of this our Current Parliament Jaj vjc and Nyntie, It is farder Statut That the said Act of the states be putt to farder Execution against all such ministers who have not as yet givin obedience therto by praying for us in maner forsaid, Lykas by the Sixth Act of the fourth Session of this our present Parliament Jaj vjc and Nyntie thrie It is Statute that all preachers and ministers of the Gospell whatsomever shall swear the oath of alledgance and subscryve the Assurance subjoyned to the said Act befor the persons appointed to administerat the same, and that Betuixt and the dayes set for that Effect, and that under the paine that Ministers provided to Kirks, and not swearing and subscryving, as said is, shall be depryved of their Benefices. As also it is the duty of all Ministers of the Gospell to Observe and Celebrat fasts and thanksgivings in maner prescrybed the acts and proclamations Emitted theranent, and under the certification therin set doun. Nevertheless it is of verity. That Mr Charles Key, one of the Ministers of South Leith, shakeing off all his Duty to their Majesties King William and Queen Mary and notwithstanding of the said Act of Convention and acts of Parliament and others forsaid, He hath not and doeth not publickly pray for us King William and Qween Mary as king and queen of this Realm. But tho he hath sometimes made a shew of doing the same, yet hath he never at any time done it in the Express terms of the Act of Convention, But either for the most prayes generally and ambiguouslie, for the King and Qween and all the Royall familie, And frequently with other words and Circumstances that plainly Enough point at ane other meaning then to be for King William and Queen Mary as King and Queen of this Realm, Or if at any time he hath named them to Elud the Law, It hath bein in no better terms, or at Lest in one or other of the dayes of his publick preaching since the making of the saids Acts, He hath used these terms, That God would bless our King and Queen, and William and Mary, Or our King and Qween, William and Mary and the rest of the Royall family, By which his purpose of Evading and declyning the obedience dew to the law and his duty to us is sufficently manifest Lykas to Evince his insincerity and double dealling in the said mater, and that he never Intended to pray for us as King and Queen of this Realm, He hath refused, at liest hitherto hath not obeyed the Law nor taken the Oath of Alledgance nor subscrybed the assurance, but hath contemptuously suffered the severall dayes appointed by the saids Acts of Parliament, as first the Tuentie of June and then the tenth of Jully both last bypast, To Elapse without taking and subscribing the said oath and assurance as his other Bretherin of the Presbetry did befor the Persons therto appointed and yet still possesses his Kirk, notwithstanding that by the forsaids Acts he be depryved therfrae, nor hath he at any time keeped the publick fasts and thanksgivings appointed since the late happy Revolution according to the trew meaning and intent of the acts and proclamations Emitted theranent, But making almost a bare shew of publick preaching and praying, hath not at all noticed the duty of the day in Either preaching or praying suteably therto, But hath prayed and preached Either quite Indifferently or somtimes, specially on dayes of fasting, with Noads and Insinuations, That he keeped the day for quite other persons and things then was Intended by the saids Acts and proclamations, as particularly by saying In his preaching on ane of the saids dayes of fasting, It will be a token of averting our Captivity, If Kings and great ones of the Earth were weeping, fasting and mourning etc with many other Expressiones then and at other Occasions of the same Import, of all which transgressions and delinquincies, the said Mr Charles Key being found guilty, airt and pairte, He ought to be punished by the paines of Law, To the Example and terror of others to committ the like in tyme comeing, And anent the Chairge givin to the said defenders to have Compeared befor the saids Lords at ane Certan day nou bygone, To have ansuered to the poynts of the above 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 etc as the principall Lybell or Complaint and Executions therof more fully bears, Which Lybell or Complaint being this day called in presence of the saids Lords of their majesties privy Council and the said Sir James Steuart their Majesties Advocat for their highness intress. Compearing personally, and the said Mr Charles Key defender Compeared also personally, The Lybell and answers therto givin be the said defender, Being read, Their Majesties Advocat Declared that he insisted against the said Mr Key upon that poynt of the Lybell, that he hes not qualified himself in the terms of the Act of parliament by taking the oath of alledgance and assurance and therfor Craved he might be depryved and ordained to remove from Manse and Gleib. The saids Lords having Considered the Lybell and ansuers made therto for Mr Key, They have depryved and hereby deprives, The said Mr. Charles Key from his benefice as one of the Ministers of the kirk of South Leith, and declares the said Church vacant as to him, And have discharged and herby discharges him to preach or Exercise any other pairt of his Ministeriall function within the parioch of South Leith, And decerns and ordaines him to flitt and remove himself, family and servants from the manse and Gleib, and Leave the same voyd and red betuixt and the feast and term of mertimess nixt to come And ordaines Letters of horneing under the signet of Councill upon fiftin dayes and other executorialls needfull to pass heron in form as Effeirs

1. NRS, PC1/50, 8-10.

        

        

        

1. NRS, PC1/50, 8-10.

        

Sederunt, 6 September 1694 (pm), Edinburgh

Posted on by

[6 September] Eodem Die Post meridium1

A1694/9/182

Sederunt

Sederunt ut ante meridiam Cum Sir Thomas Livingston who was not present in the forenoon

[6 September] Eodem Die Post meridium1

A1694/9/182

Sederunt

Sederunt ut ante meridiam Cum Sir Thomas Livingston who was not present in the forenoon

1. NRS, PC1/50, 8.

2. NRS, PC1/50, 8.

        

        

1. NRS, PC1/50, 8.

2. NRS, PC1/50, 8.

        

Order, 6 September 1694, Edinburgh

Posted on by

Edinburgh Thursday 6 September 1694

A1694/9/171

Order

Recomendation to the Lord Advocat anent Preist Witheringhame and others.

The Lords of their Majesties privy Councill Doe herby recomend to Sir James Steuart, their Majesties Advocat, to raise Letters and therupon Cause citt befor the saids Lords Preist Witheringham and all other preists, Jesuits and Trafiqueing papists presently within this kingdome who are not in prison or under Baile to the Council To appear and answer for what shall be Laid to their Chairge, Conform to the Lawes and acts of parliament of this Kingdome.
2

Edinburgh Thursday 6 September 1694

A1694/9/171

Order

Recomendation to the Lord Advocat anent Preist Witheringhame and others.

The Lords of their Majesties privy Councill Doe herby recomend to Sir James Steuart, their Majesties Advocat, to raise Letters and therupon Cause citt befor the saids Lords Preist Witheringham and all other preists, Jesuits and Trafiqueing papists presently within this kingdome who are not in prison or under Baile to the Council To appear and answer for what shall be Laid to their Chairge, Conform to the Lawes and acts of parliament of this Kingdome.
2

1. NRS, PC1/50, 8.

2. The phrase ‘Anent the Lybell or Letters of Complaint Raised’ scored out here.

        

        

1. NRS, PC1/50, 8.

2. The phrase ‘Anent the Lybell or Letters of Complaint Raised’ scored out here.

        

Act, 6 September 1694, Edinburgh

Posted on by

Edinburgh Thursday 6 September 1694

A1694/9/161

Act

Act anent Illegall ministers and Church Disorders upon the Committee of the Generall Assemblies Representation

Anent the Representation made to the Lords of his Majesties privy Council By the Committee of the Generall Assembly for the North Shewing, That where the last Generall Assembly of this Nationall Church did Grant Commission to a Competent number of ministers and Elders for visiting the North Impouering them to purge and plant Churches on the north syd of the River of Tay, and to doe and determin in severall other matters according to the tennor of their Commission which was drawen up and adjusted to the satisfaction of their Majesties Comissioner present in the Assembly, in all poynts. Conforme wherunto we have made a progress thorow the north, and in all our actings, which were sincerly designed for the advancement of the Gospell and the quiet of this Church, for the promotting of their Majesties Interest and the publick peace, keipt within the bounds prescrybed to us, yet the Refractoriness of severall persons Justly Censured by us, with some other occurents wherin we Conceive the authoritie of their Majesties Lawes and government asweill as of that of the Church to be deeply Concerned, Doe obleidge us to lay befor your Lordships The particulars following. 1o/2 That notwithstanding severall ministers have after gross and uncontraverted Scandells objected and proven against them, been sencured with deposition, yet they presume to preach and Exercise their Ministerial function in Contempt of all authoritie both civill and Ecclesiastick, such as Mr George Grahame late Incumbent at Innerarity Deposed for habituall drunkenness aggravated with most Scandellous circumstances, Mr John Lessly at Rothis deposed for habituall swearing, profane and obscien Discourses and actions for supin negligence, sordid usury and breach of the Sabbath, Mr Thomas Rae at Dundurkasse Deposed for habitual swearing and horid cursing and Imprecationes, Mr James Smith at Killimure Wester for habituall drunkenness supin Negligence and malicious stirring up of Variance and strife amongst his Pariochiners and neighbors.
2o/3 That tho upon exact tryall, It was found that severall ministers and preachers had Introuded into Churches Vacant, not only against good order, But to the hinderance of the and Regular planting of the saids Churches, and therfor were discharged to preach any more there untill orderly admitted, yet they continow to preach still in Contempt of the Sentances past against them, such as Mr James Gordon younger at Foveraine and others, quhich contempt ought so much the more to be noticed by your Lordships that now throw the care of this Commission who have taken in thretin dissenting ministers to the presbyterian ministers formerly in these bounds, presbiteries are duely established within convenient precincts, so as Churches Vacant in these partes may upon ane easie application be regularly provided. 3tio/4 The severall ministers deprived by your Lordships for their disafection, Doe never the less contrary to your Lordships Sentence and to the Act of Parliament 1690, wherby they are ordained first to qualifie themselves in the terms of the said Act, Continow to preach in Vacant and other Churches in contempt of the said Act, Such as Mr John Matters late Incumbent at Ceres, Invaiding himself upon the Kirk of Eliot, Doctor John Nicolsone late at Erroll, Mr William Rattray late at Cargill, Mr David Andersone late at Perth, all intruding upon Kilspindie, and presuming to preach ther and other places, and others Ministers. 4o/5 That notwithstanding of the abolition of prelacy and the settling of presbiterian Government in this Church, yet severall persones have receaved orders from some of the Late Bishopes, and therupon usurp the ministeriall function and Intrud into Churches, such as Mr […] Auchterlonie. 5o/6 That notwithstanding that our Commission was Legally givin and authorized by the Generall Assembly of this Nationall Church Established by law and Countenanced by their Majesties high Commissioner, yet at Aberdeen Twelve Ministers wherof one only was Cited befor us, took the boldness to give in a paper under the tittle of Queries, plainly questioning, not only our authority But the authoritie of the law, wherby the Government of this Church is settled, and tho they got a very moderat and rationall answer, yet they protested against us and appealled from the Commission, and that in name of the wholl ministers be North Tey, Tho they showed no warrand from them, And further they appealled to their Majesties protection albeit never so much as Cited as said is, And that they themselves have not so much as taken the Oath of Alledgiance to Intitle them To this protection. So that the Contryvance was Evidently factious to stirr up and animate all such as are dissafected against the Government both civill and Ecclesiastick, And thus at Invernes7 fourtein other ministers did officiously give in a paper of adherance to the Aberdeen paper, and made their protest and appeall in a ruder maner.
6o/8 That when the Commitie did summond witnesses particularly against Mr […] Abercrumie in Tarlen, a person in favors throw all that Country, by reason of his scandelous and flagitious life, yet the wittnesses were keipt back, which may be of bad Example, unles your Lordships prescryve some compulsary method to prevent the lik in tyme. 7o/9 That notwithstanding that presbiterian Government is settled by act of parliament and the Exercise therof Lodged in the hands only of the ministers and Elders therin set doun, yet many of the Episcopall Clergie in the North doe usurpe Ecclesiastick authority and keep their oun meetings, wher they License preachers,10 order the admission of ministers, supply Vacancies and doe other acts of order and disciplin contrary to Law and the Establishing of a schisme in this Church, and to the visible prejudice of their Majesties interest. 8o/11 That the havers of severall Vacant Churches, did refuse to make them furthcoming to the Committy, which is both against law and your Lordships frequent acts and Orders, and thus the Keys of the Kirks both of Eliot and Killspindy were refused by […] havers therof. 9o/12 That tho in all Churches where the worshipe of God is performed, Ther ought to be no disorderly Interuption upon any pretence whatsomever, yet in the Church of Old Aberdeen severall insolent persons have presumed to interupt the worship of God, By offering at their oun hands another peece of worship most unseasonably to the manifest prophanation of the publick worship and the great disturbance of the Congregation who gave no Complyance to the said disorder, which being manifestly factious in all probability fomented by persons disafected, doth not only occasion great Scandall, but is very like to grow to a higher degree of Insolence, if not tymously restrained. And Seeing that the happie Success that we have had throw the blessing of God in these partes by taking in and gaineing a good Number of ministers, and disposing others to follow their Example , and by Recomending our moderation to all the weill affected in these partes and the settling of severall Churches and presbetries to the great benefit of the Gospell and the advancing of their Majesties Interest doth in a maner wholly depend upon your Lordships interposing in the premisses and giving unto the Church and its authority that Countenance and assistance which the Law ordaines and your Lordships know to be so necessary. And therfor humbly craving that the saids Lords would be pleased to take the premises to there serious consideration and to apply such dew remedies to the abovenamed Evills as the Law allows and their Lordships shall find most proper, Specially since they13 can confidently aver that any opposition or discountenance they might meet with in these partes was only from persons notourly disafected to their Majesties Government and principally on that Account, and that wherever Ministers partakers of the present Church Government are setled in the North or have access to preach in these bounds, ther is a sensible growing of affection amongst the people to the civill as well as to the Ecclesiastick Government. Which representation being this day read in presence of the saids Lords of his Majesties privy Council and they having Considered the same, together with the report made to them be the Committy of the Generall assembly for the north, Together with a report of a Committy of their oun Number appointed to Consider the said representation and severall articles therof They as to the first article of the said representatione anent Ministers deposed for scandalls, Doe herby authorise and appoynt their Clerks of Council upon productions of the sentances of depositione pronounced by the said Committee of the Generall assemblie against these ministers to give out Letters of horning summarlie at the instance of the Agent for the kirk against the persones named in the saids sentances, Charging them Instantly to remove themselves from the saids Churches from which they are deposed And like wayes remove themselves wives bairnes etc from the manses and Gleibs, and that betuixt and the feast and term of mertimes nixt to come, And upon return of the hornings dewly registrat appoints them to give out Letters of Ejectione or Caption as shall be desired. And as to the second Article of the said representatione anent Intruders, Albeit upon the sentence of the said Commission or Committie declaring the Intrusion and ordering the Intruder to desist, The same Executione be Competent in law, as upon the forsaid sentence of depositione, yet the saids Lords waveing summar 14 Charging at this tyme, Doe herby recomend to Sir James Steuart their Majesties Advocat to persue and cite these Intruders befor the Council, Calling the number of six at a tyme, That the Council may cause put the forsaid sentence of the Commission to effectuall Execution as accords. As to the third Article anent ministers depryved by the Councill and not qualified, and yet continowing to preach, The Council recomends to the said Lord Advocat to Inform himself of these Ministers and persue them befor the Council as hath bein hitherto practised, And for the Lord Advocats better Information, The saids Lords doe herby ordaine the shereffs of the severall shyres to send in to his Lordship lists of all the preaching Ministers either in Kirks or meeting houses within their bounds, That he may know who of them have bein depryved and have not yet qualified themselves according to Law. As to the Fourth Article, anent ministers ordained by Bishopes and Intruding, The saids Lords doe herby Recomend to the said Lord Advocat to persue and citt all Ministers ordained by Bishopes since prelacy was abolished and Intruding themselves into Churches as is appointed in the second article. As to the fifth article anent the paper of Queries givin in at Aberdeen and adhered to at Inverness, The saids Lords Doe herby Nominat and appoint the Earle of Annandale, The Viscount of Tarbat, The Lord Carmichaell, The Lord Advocat and Lord Justice Clerk, To be a Committy, and to call for the papers and protests mentioned in that Article from the moderator or Clerk of the Commission, and to Consider the same, if seditious or factious or not, And to mak their report theranent to the Council against their first meeting in October nixt. As to the sixt, Anent Compulsories for bringing in wittnesses, The saids Lords doe herby ordaine all sherreffs, Steuarts, Baillies of Bailliries or Regallities, Magistrats of Burghes and others, To Cause all such persons as are Citted, to appear befor any Church Judicatorie as witnesses, To Compear befor the saids Judicators in that order and by the methods that Law allowes. As to the seventh article anent Episcopall Ministers, their keeping meetings, the saids Lords Doe herby Referr that mater to the Committy Already appointed for considering the forsaids papers and protests in the Fyfth Article, and Declares any three of the above Committy to be a sufficient Quorum, as to both thir Articles, and hereby authorises and Impowers them or their said Quorums to take tryall of the saids meetings, and to call and Examin the Meetters as they shall sie cause, and to issue forth precepts for citing them to that Effect, And recomends to the said Committy to make their report on this article when they make report on the fyfth article. As to the Eight Articl anent the keyes of Churches, The saids Lords Doe hereby revive the Act of Council of the date, The Tuelth of Jully Jaj vjc and Nyntie years, Ordaining the Heretors, patrones and all others havers, To deliver up the keys of the Churches which are vacant, And furder Ordaines the keys of these Vacant Churches to be givin up to all Commissions or other Judicatories of the Church or their order when Occasion may require, And Ordaines Letters of horning on Fyftin dayes to be direct against the havers. And as to the Nynth Article of the said Representation anent the Interupters of Divin worship The saids Lords recomends to the said Lord Advocat to persue these persons as accords.

Edinburgh Thursday 6 September 1694

A1694/9/161

Act

Act anent Illegall ministers and Church Disorders upon the Committee of the Generall Assemblies Representation

Anent the Representation made to the Lords of his Majesties privy Council By the Committee of the Generall Assembly for the North Shewing, That where the last Generall Assembly of this Nationall Church did Grant Commission to a Competent number of ministers and Elders for visiting the North Impouering them to purge and plant Churches on the north syd of the River of Tay, and to doe and determin in severall other matters according to the tennor of their Commission which was drawen up and adjusted to the satisfaction of their Majesties Comissioner present in the Assembly, in all poynts. Conforme wherunto we have made a progress thorow the north, and in all our actings, which were sincerly designed for the advancement of the Gospell and the quiet of this Church, for the promotting of their Majesties Interest and the publick peace, keipt within the bounds prescrybed to us, yet the Refractoriness of severall persons Justly Censured by us, with some other occurents wherin we Conceive the authoritie of their Majesties Lawes and government asweill as of that of the Church to be deeply Concerned, Doe obleidge us to lay befor your Lordships The particulars following. 1o/2 That notwithstanding severall ministers have after gross and uncontraverted Scandells objected and proven against them, been sencured with deposition, yet they presume to preach and Exercise their Ministerial function in Contempt of all authoritie both civill and Ecclesiastick, such as Mr George Grahame late Incumbent at Innerarity Deposed for habituall drunkenness aggravated with most Scandellous circumstances, Mr John Lessly at Rothis deposed for habituall swearing, profane and obscien Discourses and actions for supin negligence, sordid usury and breach of the Sabbath, Mr Thomas Rae at Dundurkasse Deposed for habitual swearing and horid cursing and Imprecationes, Mr James Smith at Killimure Wester for habituall drunkenness supin Negligence and malicious stirring up of Variance and strife amongst his Pariochiners and neighbors.
2o/3 That tho upon exact tryall, It was found that severall ministers and preachers had Introuded into Churches Vacant, not only against good order, But to the hinderance of the and Regular planting of the saids Churches, and therfor were discharged to preach any more there untill orderly admitted, yet they continow to preach still in Contempt of the Sentances past against them, such as Mr James Gordon younger at Foveraine and others, quhich contempt ought so much the more to be noticed by your Lordships that now throw the care of this Commission who have taken in thretin dissenting ministers to the presbyterian ministers formerly in these bounds, presbiteries are duely established within convenient precincts, so as Churches Vacant in these partes may upon ane easie application be regularly provided. 3tio/4 The severall ministers deprived by your Lordships for their disafection, Doe never the less contrary to your Lordships Sentence and to the Act of Parliament 1690, wherby they are ordained first to qualifie themselves in the terms of the said Act, Continow to preach in Vacant and other Churches in contempt of the said Act, Such as Mr John Matters late Incumbent at Ceres, Invaiding himself upon the Kirk of Eliot, Doctor John Nicolsone late at Erroll, Mr William Rattray late at Cargill, Mr David Andersone late at Perth, all intruding upon Kilspindie, and presuming to preach ther and other places, and others Ministers. 4o/5 That notwithstanding of the abolition of prelacy and the settling of presbiterian Government in this Church, yet severall persones have receaved orders from some of the Late Bishopes, and therupon usurp the ministeriall function and Intrud into Churches, such as Mr […] Auchterlonie. 5o/6 That notwithstanding that our Commission was Legally givin and authorized by the Generall Assembly of this Nationall Church Established by law and Countenanced by their Majesties high Commissioner, yet at Aberdeen Twelve Ministers wherof one only was Cited befor us, took the boldness to give in a paper under the tittle of Queries, plainly questioning, not only our authority But the authoritie of the law, wherby the Government of this Church is settled, and tho they got a very moderat and rationall answer, yet they protested against us and appealled from the Commission, and that in name of the wholl ministers be North Tey, Tho they showed no warrand from them, And further they appealled to their Majesties protection albeit never so much as Cited as said is, And that they themselves have not so much as taken the Oath of Alledgiance to Intitle them To this protection. So that the Contryvance was Evidently factious to stirr up and animate all such as are dissafected against the Government both civill and Ecclesiastick, And thus at Invernes7 fourtein other ministers did officiously give in a paper of adherance to the Aberdeen paper, and made their protest and appeall in a ruder maner.
6o/8 That when the Commitie did summond witnesses particularly against Mr […] Abercrumie in Tarlen, a person in favors throw all that Country, by reason of his scandelous and flagitious life, yet the wittnesses were keipt back, which may be of bad Example, unles your Lordships prescryve some compulsary method to prevent the lik in tyme. 7o/9 That notwithstanding that presbiterian Government is settled by act of parliament and the Exercise therof Lodged in the hands only of the ministers and Elders therin set doun, yet many of the Episcopall Clergie in the North doe usurpe Ecclesiastick authority and keep their oun meetings, wher they License preachers,10 order the admission of ministers, supply Vacancies and doe other acts of order and disciplin contrary to Law and the Establishing of a schisme in this Church, and to the visible prejudice of their Majesties interest. 8o/11 That the havers of severall Vacant Churches, did refuse to make them furthcoming to the Committy, which is both against law and your Lordships frequent acts and Orders, and thus the Keys of the Kirks both of Eliot and Killspindy were refused by […] havers therof. 9o/12 That tho in all Churches where the worshipe of God is performed, Ther ought to be no disorderly Interuption upon any pretence whatsomever, yet in the Church of Old Aberdeen severall insolent persons have presumed to interupt the worship of God, By offering at their oun hands another peece of worship most unseasonably to the manifest prophanation of the publick worship and the great disturbance of the Congregation who gave no Complyance to the said disorder, which being manifestly factious in all probability fomented by persons disafected, doth not only occasion great Scandall, but is very like to grow to a higher degree of Insolence, if not tymously restrained. And Seeing that the happie Success that we have had throw the blessing of God in these partes by taking in and gaineing a good Number of ministers, and disposing others to follow their Example , and by Recomending our moderation to all the weill affected in these partes and the settling of severall Churches and presbetries to the great benefit of the Gospell and the advancing of their Majesties Interest doth in a maner wholly depend upon your Lordships interposing in the premisses and giving unto the Church and its authority that Countenance and assistance which the Law ordaines and your Lordships know to be so necessary. And therfor humbly craving that the saids Lords would be pleased to take the premises to there serious consideration and to apply such dew remedies to the abovenamed Evills as the Law allows and their Lordships shall find most proper, Specially since they13 can confidently aver that any opposition or discountenance they might meet with in these partes was only from persons notourly disafected to their Majesties Government and principally on that Account, and that wherever Ministers partakers of the present Church Government are setled in the North or have access to preach in these bounds, ther is a sensible growing of affection amongst the people to the civill as well as to the Ecclesiastick Government. Which representation being this day read in presence of the saids Lords of his Majesties privy Council and they having Considered the same, together with the report made to them be the Committy of the Generall assembly for the north, Together with a report of a Committy of their oun Number appointed to Consider the said representation and severall articles therof They as to the first article of the said representatione anent Ministers deposed for scandalls, Doe herby authorise and appoynt their Clerks of Council upon productions of the sentances of depositione pronounced by the said Committee of the Generall assemblie against these ministers to give out Letters of horning summarlie at the instance of the Agent for the kirk against the persones named in the saids sentances, Charging them Instantly to remove themselves from the saids Churches from which they are deposed And like wayes remove themselves wives bairnes etc from the manses and Gleibs, and that betuixt and the feast and term of mertimes nixt to come, And upon return of the hornings dewly registrat appoints them to give out Letters of Ejectione or Caption as shall be desired. And as to the second Article of the said representatione anent Intruders, Albeit upon the sentence of the said Commission or Committie declaring the Intrusion and ordering the Intruder to desist, The same Executione be Competent in law, as upon the forsaid sentence of depositione, yet the saids Lords waveing summar 14 Charging at this tyme, Doe herby recomend to Sir James Steuart their Majesties Advocat to persue and cite these Intruders befor the Council, Calling the number of six at a tyme, That the Council may cause put the forsaid sentence of the Commission to effectuall Execution as accords. As to the third Article anent ministers depryved by the Councill and not qualified, and yet continowing to preach, The Council recomends to the said Lord Advocat to Inform himself of these Ministers and persue them befor the Council as hath bein hitherto practised, And for the Lord Advocats better Information, The saids Lords doe herby ordaine the shereffs of the severall shyres to send in to his Lordship lists of all the preaching Ministers either in Kirks or meeting houses within their bounds, That he may know who of them have bein depryved and have not yet qualified themselves according to Law. As to the Fourth Article, anent ministers ordained by Bishopes and Intruding, The saids Lords doe herby Recomend to the said Lord Advocat to persue and citt all Ministers ordained by Bishopes since prelacy was abolished and Intruding themselves into Churches as is appointed in the second article. As to the fifth article anent the paper of Queries givin in at Aberdeen and adhered to at Inverness, The saids Lords Doe herby Nominat and appoint the Earle of Annandale, The Viscount of Tarbat, The Lord Carmichaell, The Lord Advocat and Lord Justice Clerk, To be a Committy, and to call for the papers and protests mentioned in that Article from the moderator or Clerk of the Commission, and to Consider the same, if seditious or factious or not, And to mak their report theranent to the Council against their first meeting in October nixt. As to the sixt, Anent Compulsories for bringing in wittnesses, The saids Lords doe herby ordaine all sherreffs, Steuarts, Baillies of Bailliries or Regallities, Magistrats of Burghes and others, To Cause all such persons as are Citted, to appear befor any Church Judicatorie as witnesses, To Compear befor the saids Judicators in that order and by the methods that Law allowes. As to the seventh article anent Episcopall Ministers, their keeping meetings, the saids Lords Doe herby Referr that mater to the Committy Already appointed for considering the forsaids papers and protests in the Fyfth Article, and Declares any three of the above Committy to be a sufficient Quorum, as to both thir Articles, and hereby authorises and Impowers them or their said Quorums to take tryall of the saids meetings, and to call and Examin the Meetters as they shall sie cause, and to issue forth precepts for citing them to that Effect, And recomends to the said Committy to make their report on this article when they make report on the fyfth article. As to the Eight Articl anent the keyes of Churches, The saids Lords Doe hereby revive the Act of Council of the date, The Tuelth of Jully Jaj vjc and Nyntie years, Ordaining the Heretors, patrones and all others havers, To deliver up the keys of the Churches which are vacant, And furder Ordaines the keys of these Vacant Churches to be givin up to all Commissions or other Judicatories of the Church or their order when Occasion may require, And Ordaines Letters of horning on Fyftin dayes to be direct against the havers. And as to the Nynth Article of the said Representation anent the Interupters of Divin worship The saids Lords recomends to the said Lord Advocat to persue these persons as accords.

1. NRS, PC1/50, 4-8.

2. Marginal subheading: ‘Deposed for Scandalls’.

3. Marginal subheading: ‘Intruders’.

4. Marginal subheading: ‘Depryved by the Council’.

5. Marginal subheading: ‘Ordained by Bishopes’.

6. Marginal subheading: ‘Queries and appeall at Aberdeen’.

7. Marginal subheading: ‘Adherance at Inverness’.

8. Marginal subheading: ‘witnesses keept back’.

9. Marginal subheading: ‘Episcopal ministers exercise authority Ecclesiasticall’.

10. Insertion, with the word ‘ministers’ scored out.

11. Marginal subheading: ‘The keys of kirks Refused to the Committie’.

12. Marginal subheading: ‘worship disorderly Interupted at Aberdeen’.

13. Insertion, with the word ‘we’ scored out.

14. The word ‘Execution’ scored out here.

        

        

1. NRS, PC1/50, 4-8.

2. Marginal subheading: ‘Deposed for Scandalls’.

3. Marginal subheading: ‘Intruders’.

4. Marginal subheading: ‘Depryved by the Council’.

5. Marginal subheading: ‘Ordained by Bishopes’.

6. Marginal subheading: ‘Queries and appeall at Aberdeen’.

7. Marginal subheading: ‘Adherance at Inverness’.

8. Marginal subheading: ‘witnesses keept back’.

9. Marginal subheading: ‘Episcopal ministers exercise authority Ecclesiasticall’.

10. Insertion, with the word ‘ministers’ scored out.

11. Marginal subheading: ‘The keys of kirks Refused to the Committie’.

12. Marginal subheading: ‘worship disorderly Interupted at Aberdeen’.

13. Insertion, with the word ‘we’ scored out.

14. The word ‘Execution’ scored out here.

        

Sederunt, 6 September 1694, Edinburgh

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Edinburgh Thursday 6 September 16941

A1694/9/152

Sederunt

Lord Chancellor; Earl of Melvill, P. S.; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Broadalbane; Viscount Tarbat; Lord Yester; Lord Ross; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Sir John Hall

Edinburgh Thursday 6 September 16941

A1694/9/152

Sederunt

Lord Chancellor; Earl of Melvill, P. S.; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Broadalbane; Viscount Tarbat; Lord Yester; Lord Ross; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Sir John Hall

        

1. NRS, PC1/50, 4.

        

2. NRS, PC1/50, 4.

        

        

        

1. NRS, PC1/50, 4.

        

2. NRS, PC1/50, 4.

        

Warrant, 5 September 1694, Edinburgh

Posted on by

Edinburgh The 5th. September 1694

A1694/9/141

Warrant

Warrand for bringing the Prisoners seised in a french privateer from Stranraer to Edinburgh.

The Lords of their Majesties privy Council doe herby give order and warrand to the Provost and Baillies of Stranrawer to Deliver the Lievtennent and other six prisoners who being aboard of a French privateer at that place, did come a shoare, and being seased are Committed prisoners in the Tolbooth of Stranrawer to the Sherreff principall of the Shyre of Wigtoun or his Deputts and appoints the said seven prisoners to be Convoyed under a sufficient guard from shereff to shereff untill they be brought to the Tolbooth of Edinburgh, And appoints the Magistrats of Edinburgh and keeper of their Tolbooth to Receave the saids seven prisoners within their Tolbooth and Detain them therin till farder order

Edinburgh The 5th. September 1694

A1694/9/141

Warrant

Warrand for bringing the Prisoners seised in a french privateer from Stranraer to Edinburgh.

The Lords of their Majesties privy Council doe herby give order and warrand to the Provost and Baillies of Stranrawer to Deliver the Lievtennent and other six prisoners who being aboard of a French privateer at that place, did come a shoare, and being seased are Committed prisoners in the Tolbooth of Stranrawer to the Sherreff principall of the Shyre of Wigtoun or his Deputts and appoints the said seven prisoners to be Convoyed under a sufficient guard from shereff to shereff untill they be brought to the Tolbooth of Edinburgh, And appoints the Magistrats of Edinburgh and keeper of their Tolbooth to Receave the saids seven prisoners within their Tolbooth and Detain them therin till farder order

1. NRS, PC1/50, 4.

1. NRS, PC1/50, 4.

Warrant, 5 September 1694, Edinburgh

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Edinburgh The 5th. September 1694

A1694/9/131

Warrant

Warrand for Imprisoning the Earle of Aboyne in the Castle of Stirlin

The Lords of their Majesties privy Council having heard a verball Report of the Committie appointed for Examining the Earle of Aboyns Governour and tuo servants wherby they give their opinion that all the Three are Preists and also Jesuits, They herby ordaine the said Earle to Enter himself prisoner within the Castle of Stirlin betuixt and saturdayes night nixt, and in the mean tyme allowes him to be at Liberty till then, He first giving Bond and finding sufficient Caution acted in the books of privy Councill, that he shall Enter himself prisoner in the said Castle betuixt and the tyme forsaid and in the mean time that he shall live peaceably under and with all submission to the present Government of their Majesties King William and Qween Mary And that he shal not act Consult nor Contrive anything in prejudice therof nor Converse or Correspond with any Rebells under the penaltie of Five thousand pound sterling, And the saids Lords doe herby give order and warrand to Lieutennent Collonell Erskin Lievt Governor of the Castle of Stirlin, and in his absence the nixt Comanding officer ther, To Receave the said Earle of Aboyne prisoner within the said Castle and detain him ther till furder order And gives warrand to the Clerks of Council upon receaving this bond, To give up the bond granted yesterday be the Earle to appear befor the Council the morrow and appoints the said Livt Governor to take notice what Company have access to him.

Edinburgh The 5th. September 1694

A1694/9/131

Warrant

Warrand for Imprisoning the Earle of Aboyne in the Castle of Stirlin

The Lords of their Majesties privy Council having heard a verball Report of the Committie appointed for Examining the Earle of Aboyns Governour and tuo servants wherby they give their opinion that all the Three are Preists and also Jesuits, They herby ordaine the said Earle to Enter himself prisoner within the Castle of Stirlin betuixt and saturdayes night nixt, and in the mean tyme allowes him to be at Liberty till then, He first giving Bond and finding sufficient Caution acted in the books of privy Councill, that he shall Enter himself prisoner in the said Castle betuixt and the tyme forsaid and in the mean time that he shall live peaceably under and with all submission to the present Government of their Majesties King William and Qween Mary And that he shal not act Consult nor Contrive anything in prejudice therof nor Converse or Correspond with any Rebells under the penaltie of Five thousand pound sterling, And the saids Lords doe herby give order and warrand to Lieutennent Collonell Erskin Lievt Governor of the Castle of Stirlin, and in his absence the nixt Comanding officer ther, To Receave the said Earle of Aboyne prisoner within the said Castle and detain him ther till furder order And gives warrand to the Clerks of Council upon receaving this bond, To give up the bond granted yesterday be the Earle to appear befor the Council the morrow and appoints the said Livt Governor to take notice what Company have access to him.

1. NRS, PC1/50, 4.

1. NRS, PC1/50, 4.

Procedure, 5 September 1694, Edinburgh

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Edinburgh The 5th. September 1694

A1694/9/121

Procedure

Approbatione Lord Justice Clerks Imprisoning of Sympsone and Comittie

The Lord Justice Clerk, Having acquainted the Council, That upon Informatione from Court, He had caused Seise the person of […] Sympsone and hes Committed her prisoner, The Council approves of what the Lord Justice Clerk hes done in this matter, And recomends to the Lord Carmichaell The Lord Advocat, and the Lord Justice Clerk to Call befor and Examine the said […] Sympsone and make report to the Council

Edinburgh The 5th. September 1694

A1694/9/121

Procedure

Approbatione Lord Justice Clerks Imprisoning of Sympsone and Comittie

The Lord Justice Clerk, Having acquainted the Council, That upon Informatione from Court, He had caused Seise the person of […] Sympsone and hes Committed her prisoner, The Council approves of what the Lord Justice Clerk hes done in this matter, And recomends to the Lord Carmichaell The Lord Advocat, and the Lord Justice Clerk to Call befor and Examine the said […] Sympsone and make report to the Council

1. NRS, PC1/50, 3.

1. NRS, PC1/50, 3.