Order, 5 September 1693, Edinburgh

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Order

Earle of Strathmore to administrat the oaths to the heretors in Forfarshyre and they to be Commissioners for revaluing the said shyre

The Lords of their Majesties privie Councell Doe Hereby Recommend to Patrick Earle of Strathmore to administrat the oath of alleadgance and the assurance to such of the Gentlemen Heretors uithin the shyre of Forfar as are uilling to take the same And nominats and appoyntes such of the saids heretors as shall soe qualifie themselves uith such others of them as are already qualified To be Commissioners For revaluing the said shyre of Forfar In the termes of the Act and Commissione of Councell of the date the […] day of […] Granted Conforme to the Act of parliament therin mentioned

Att Edinburgh The Fifth day of September Jaj vic nyntie thrie years

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Order

Earle of Strathmore to administrat the oaths to the heretors in Forfarshyre and they to be Commissioners for revaluing the said shyre

The Lords of their Majesties privie Councell Doe Hereby Recommend to Patrick Earle of Strathmore to administrat the oath of alleadgance and the assurance to such of the Gentlemen Heretors uithin the shyre of Forfar as are uilling to take the same And nominats and appoyntes such of the saids heretors as shall soe qualifie themselves uith such others of them as are already qualified To be Commissioners For revaluing the said shyre of Forfar In the termes of the Act and Commissione of Councell of the date the […] day of […] Granted Conforme to the Act of parliament therin mentioned

1. NRS, PC1/49, 128.

1. NRS, PC1/49, 128.

Order, 5 September 1693, Edinburgh

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Order

Recomendatione Anent a valuatione of Beruickshyre

The Lords of their Majesties privie Councell Doe Heirby Recommend to the Lord Polluarth to Call a meeting of the Gentlemen Heretors in the shyre of Beruick and appoynte a day for that effect And to make up a valuatione of that shyre in the termes of the Late Act of parliament anent the supply

Att Edinburgh The Fifth day of September Jaj vic nyntie thrie years

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Order

Recomendatione Anent a valuatione of Beruickshyre

The Lords of their Majesties privie Councell Doe Heirby Recommend to the Lord Polluarth to Call a meeting of the Gentlemen Heretors in the shyre of Beruick and appoynte a day for that effect And to make up a valuatione of that shyre in the termes of the Late Act of parliament anent the supply

1. NRS, PC1/49, 128.

1. NRS, PC1/49, 128.

Procedure, 5 September 1693, Edinburgh

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Procedure

[Committee appointed for letter to king]

This day a Committie was appoynted to prepare a draught of a Letter to the King from the Councell Desyring that his Majestie uould be pleased to signifie his pleasure to the Councell Anent the Gentlemen Chiftains of Clanns in the Highlands their taking the oath of alleadgance and assurance or Giving bale for their peacable behaviour some of which Gentlemen are in custody at Fortuilliam As Lykewayes that his Majestie uould be pleased to signifie his pleasure anent the Earle of Perth How he should be disposed of

Att Edinburgh The Fifth day of September Jaj vic nyntie thrie years

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Procedure

[Committee appointed for letter to king]

This day a Committie was appoynted to prepare a draught of a Letter to the King from the Councell Desyring that his Majestie uould be pleased to signifie his pleasure to the Councell Anent the Gentlemen Chiftains of Clanns in the Highlands their taking the oath of alleadgance and assurance or Giving bale for their peacable behaviour some of which Gentlemen are in custody at Fortuilliam As Lykewayes that his Majestie uould be pleased to signifie his pleasure anent the Earle of Perth How he should be disposed of

1. NRS, PC1/49, 128.

1. NRS, PC1/49, 128.

Act, 5 September 1693, Edinburgh

Att Edinburgh The Fifth day of September Jaj vic nyntie thrie years

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Act

Protectione Bannyntine of Kames

Anent the petitione Given in to the Lords of their Majesties privie Councell Be Hector Bannantyne of Kames Sheuing That wheras ther being a most groundless Complaint raised at the instance of Thomas Craufurd of Carseburne against the petitioner for ane alleadged ryott pretending that the petitioner hounded out severall persones to defore the Messengers that Carseburn had Imployed to poynde the petitioners goods which of itself Is most calumnious and as the Complaint is groundless so it is most malicious in Carseburne who is a neighbour to take assignatione to any debt due be the petitioner off purpose to distress him And seing the petitioner is Come to the abbay of Hallyrudehouse In ordor to appear before their Lordships In obedience to the said Citatione to vindicat his Innocency if the pursuer uill be soe malicious as to Insist Notwithstanding that he himself is conscious that the petitioner had noe accessione to the pretended ryott But ther being severall Captiones out against the petitioner for debts so as he Cannot safely appear unless their Lordships allow him ane protectione And therfore Humbly Craving their Lordships to Consider the petitioners case and to Grant him a personall protectione as to all debts for such competent tyme as their Lordships shall think fitt That he may appear before their Lordships and againe returne to his oune House which is neer Eighty mylls distant from this place as the said petitione Bears The Lords of their Majesties privie Councell Having Considered this petitione given in to them Be the said Hector Bannatyne of Kames They heirby Grant personall protectione to the petitioner untill the fifth day of October nixt to Come exclusive That he may attend the discussing of the said process And discharges all judges magistrats messengers at armes uithin burgh or Landuard To putt any Letters of Captione Acts of warding or other personall dilligence to executione Against the said Hector Bannatyne untill the forsaid day Excepting alwayes their Majesties rents and publict dues sic subscribitur Tueeddale Cancell Drumlangrig Linlithgow Leven Tarbat Raith Strathnaver Poluarth Beilhaven Will: Master of Forbes

Att Edinburgh The Fifth day of September Jaj vic nyntie thrie years

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Act

Protectione Bannyntine of Kames

Anent the petitione Given in to the Lords of their Majesties privie Councell Be Hector Bannantyne of Kames Sheuing That wheras ther being a most groundless Complaint raised at the instance of Thomas Craufurd of Carseburne against the petitioner for ane alleadged ryott pretending that the petitioner hounded out severall persones to defore the Messengers that Carseburn had Imployed to poynde the petitioners goods which of itself Is most calumnious and as the Complaint is groundless so it is most malicious in Carseburne who is a neighbour to take assignatione to any debt due be the petitioner off purpose to distress him And seing the petitioner is Come to the abbay of Hallyrudehouse In ordor to appear before their Lordships In obedience to the said Citatione to vindicat his Innocency if the pursuer uill be soe malicious as to Insist Notwithstanding that he himself is conscious that the petitioner had noe accessione to the pretended ryott But ther being severall Captiones out against the petitioner for debts so as he Cannot safely appear unless their Lordships allow him ane protectione And therfore Humbly Craving their Lordships to Consider the petitioners case and to Grant him a personall protectione as to all debts for such competent tyme as their Lordships shall think fitt That he may appear before their Lordships and againe returne to his oune House which is neer Eighty mylls distant from this place as the said petitione Bears The Lords of their Majesties privie Councell Having Considered this petitione given in to them Be the said Hector Bannatyne of Kames They heirby Grant personall protectione to the petitioner untill the fifth day of October nixt to Come exclusive That he may attend the discussing of the said process And discharges all judges magistrats messengers at armes uithin burgh or Landuard To putt any Letters of Captione Acts of warding or other personall dilligence to executione Against the said Hector Bannatyne untill the forsaid day Excepting alwayes their Majesties rents and publict dues sic subscribitur Tueeddale Cancell Drumlangrig Linlithgow Leven Tarbat Raith Strathnaver Poluarth Beilhaven Will: Master of Forbes

1. NRS, PC1/49, 127-8.

1. NRS, PC1/49, 127-8.

Procedure, 5 September 1693, Edinburgh

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Procedure

Remitt to the Lord Tarbat Anent Minuts of parliament

The Councell authorizes and Recommends to the Lord Viscount Tarbat Clark Register to Cause print the Minuts of parliament of the 18: 21: 22: 25: 27 and 28 dayes of Apryle last which were this day Redd at the Board To the effect they may be published as the rest of the Minuts of the Last session of this Currant parliament have been

Att Edinburgh The Fifth day of September Jaj vic nyntie thrie years

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Procedure

Remitt to the Lord Tarbat Anent Minuts of parliament

The Councell authorizes and Recommends to the Lord Viscount Tarbat Clark Register to Cause print the Minuts of parliament of the 18: 21: 22: 25: 27 and 28 dayes of Apryle last which were this day Redd at the Board To the effect they may be published as the rest of the Minuts of the Last session of this Currant parliament have been

1. NRS, PC1/49, 127.

1. NRS, PC1/49, 127.

Sederunt, 5 September 1693, Edinburgh

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Sederunt

Lord Chancellor; Earl of Drumlangrig; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Strathnaver; Lord Raith; Lord Beilhaven; Lord Polluarth; Master of Forbess; Lord Advocat; Lord Justice Clerk; Lord Hattoune; Lord Funtainhall; Lord Anstruther; Laird of Steivensone; Sir Thomas Livingstoun

Att Edinburgh The Fifth day of September Jaj vic nyntie thrie years1

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Sederunt

Lord Chancellor; Earl of Drumlangrig; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Strathnaver; Lord Raith; Lord Beilhaven; Lord Polluarth; Master of Forbess; Lord Advocat; Lord Justice Clerk; Lord Hattoune; Lord Funtainhall; Lord Anstruther; Laird of Steivensone; Sir Thomas Livingstoun

1. NRS, PC1/49, 127.

2. NRS, PC1/49, 127.

1. NRS, PC1/49, 127.

2. NRS, PC1/49, 127.

Procedure: letter, 21 September 1692, Edinburgh

Att Edinburgh the Tuenty First Day of September Jaj vjc nynty tuo years1

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Procedure: letter

A Letter from the Lord Chancellour to severall Councellours dischargeing them to goe out of this Kingdome

This day the Lord High Chancellour signed severall Copies of the following Letter which wes sent to the severall Councillours in this Kingdome whereoff the tenor followes
My Lord […] By a letter from the Maister of Stair secretarie of state at his Majesties Command I ame appointed to acquant yow It is the Kings Royall pleasure no Councellour depairt out of this Kingdome without his allowance all whose effairs doe call may apply to one of the secretaries to acquant his Majestie with there busines and desyre to goe for London or any where else out of this Kingdome which in Complyance with the said Letter3 is signifyed to yow by […] My Lord your Lordships Humble Servant sic subscribitur Tweeddale cancel:
The Coppies of the above Letter were sent to the Councillours afternamed viz The Duke of Hamiltone The Earle of Melvill Lord privie seall The Duke of Queensberrie The Marques of Douglas The Earle of Drumlangrig The Earle of Erroll The Earle of Linlithgow The Earle of Strathmor The Earle of Lothian The Earle of Forfar The Earle of Kintore The Earle of Breadalbane The Viscount of Tarbatt The Viscount Stair The Lord Raith The Lord Cardross The Lord Beilhaven The Lord Carmichaell The Lord Polwarth The Lords Hattoun Fountainhall and Enstruther Mr Frances Mongomierie4 The Lairds of Grant Blackbarronie Leyes Steivinstoun and Pollock Sir Thomas Livingstoun Sir William Lockhart and Sir Patrick Murray.

At Edinburgh 21 September 16921

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Procedure: letter

A Letter from the lord chancellor to several councillors discharging them from going out of this kingdom

This day the lord high chancellor signed several copies of the following letter which was sent to the various councillors in this kingdom, whereof the tenor follows:
My Lord […], by a letter from the master of Stair, secretary of state at his Majesty’s command I am appointed to acquaint you it is the king’s royal pleasure that no councillor may depart out of this kingdom without his allowance; all whose affairs do call may apply to one of the secretaries to acquaint his majesty with their business and desire to go to London or anywhere else out of this kingdom, which in compliance with the said letter is signified to you by […] My lord your lordship’s humble servant. Subscribed Tweeddale chancellor.
The copies of the above letter were sent to the councillors afternamed, viz: [William Hamilton] duke of Hamilton; [George Melville] earl of Melville, lord privy seal; [William Douglas] duke of Queensberry; [James Douglas], marquis of Douglas; [James Douglas] earl of Drumlanrig; [John Hay] earl of Erroll; [George Livingston] earl of Linlithgow; [John Lyon] earl of Strathmore; [Robert Kerr] earl of Lothian; [Archibald Douglas] earl of Forfar; [John Keith] earl of Kintore; [John Campbell] earl of Breadalbane; [George MacKenzie] Viscount Tarbat; [James Dalrymple] Viscount Stair; [Alexander Melville] Lord Raith; [Henry Erskine] Lord Cardross; [John Hamilton] Lord Belhaven; [John] Lord Carmichaell; [Patrick Hume] Lord Polwarth; [John Lauder] Lord Hatton; [John Lauder, Lord] Fountainhall; and [William Anstruther, Lord] Anstruther; Mr Francis Montgomerie; [Ludovic Grant] laird of Grant; [Sir Archibald Murray, laird of] Blackbarony; [Sir Thomas Burnet, laird of] Leyes; [Sir Robert Sinclair, laird of] Stevenson; and [Sir Robert Pollock, laird of] Pollock; Sir Thomas Livingston; Sir William Lockhart; and Sir Patrick Murray.

1. PC1/48, 417.

2. PC1/48, 416-17.

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

4. The word ‘Mountgomerie’ is inserted above the line.

1. PC1/48, 417.

2. PC1/48, 416-17.

Proclamatione, 16 September 1692 (pm), Edinburgh

Att Edinburgh the Sixteinth day off September Jaj vjc nynty tuo years Eodem Die Post Meridiem

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Proclamation

Proclamatione anent souldiers deserting or Marryeing without Certificats

The following proclamatione being read votted and approven wes signed and ordered to be recorded whereof the tenor followes William and Mary be the Grace of God King and Queen of Great Brittain France and Ireland defenders of the faith To […] macers of our privie Councill or Messengers at armes Conjunctlie and severallie speciallie Constitute Greeting Forasmuchas albeit all souldiers Listed and Engadged in our service ought to be Intirely reserved for that use and nowayes Intyced or seduced to desert the same yet of Late severall of our Leedges aither throw Ignorance or dissaffectione to our service have given too great encouradgement to the souldiers under our pay to desert by Intyceing and seduceing them thereto or by resetting Concealling and entertaining them when they have deserted and relinquished our Service As also severall ministers haveing of Late taken upon them to Joyne in marriadge persones Imployed in our service as souldiers without Certaine knowledge of there being single persones and not marryed to ane other woman at the tyme wherethrow not only great prejudice and discouradgement is done to our officers under whom they serve But also great occasione of scandall is given And dishonour done to God and disgrace to the protestant religion For remeid of all which wee with advyce of the Lords of our privie Councill perremptorily prohibite and discharge all and sundrie our subjects within this Kingdome to Intyce or Seduce any of the souldiers in our service and under our pay to desert or Leave there said service or to shalter conceall harbour or entertaine any souldier who deserts or Leaves the same without haveing a pass sealled and signed by the Captain and Command officer for the tyme of the regiment In which the said souldier or souldiers Last served Certifyeing all our Leedges who shall hereafter come in the contrair hereof and againest whom it shall be made appear and proven that any souldier resett concealled or entertained by them hath deserted our service And that it wes knowen at the tyme to the resetter of the said souldier or souldiers or Intycer of them to desert That they were not dismissed from our service by a Lawfull pass signed and sealled In maner forsaid They and each one of them shall be Lyable in the soume of Ten pound Sterling money to the Company under whom any of these souldiers serve To be decerned to them by the ordinar magistrat of the place where the said resetter concealler or Intycer Lives And that by and attour the souldiers being Lyable to any militarie punishment Conforme to the articles of warr And also wee with advyce forsaid doe strictly prohibite and discharge all ministers and others within this our ancient Kingdome to Joyne in marriadge any souldier under our pay and service with any woman whatsomever without first proclamatione of there bannes on three severall2 sundayes at the paroch Churches where the woman Lives and the souldiers quarters for the tyme And that no proclamation of bannes shall be granted to any souldier for marriadge without a testificat subscryved and sealled by the Captain and Comanding officer of the regiment wherein the said souldier serves for the tyme be first delyvered to the ministers of the Churches where the proclamatione is to be made and recorded in the sessione books thereof bearing that the said souldier to be proclamed is a single persone with Certificatione to any minister or others who shall contraveen the premises That they shall be Committed to prisone for the space of Three moneths and be otherwayes punished Conforme to the Lawes of the Land as the merite and Circumstance of there transgressione shall deserve Our Will is Herefore and wee Charge yow Strictly and Comand That Incontinent thir our Letters seen ye pass to the mercat croce of Edinburgh and to the mercat croces of the head burghes of the severall shyres and stewartries within this Kingdome and there in our name and authoritie make publicatione hereof That none pretend Ignorance And ordaines our sollicitor to send printed Coppies hereof to the shirreffs of the severall shyres and stewartries whom wee ordaine to see the samen published at the mercat crosses and also at the severall paroch churches and meeting houses within there respective Jurisdictiones upon the Lords day Imediatly after divyne service As they will be ansuerable And ordaines these presents to be published and printed Given under our signet at Edinburgh the sixteent day of september and of our reigne the fourth year Jaj vjc nyntie tuo years sic subscribitur Tweeddale cancel: Drumlangrig Linlithgow Lothiane Forfar Kintore Breadalbaine Tarbat Balhaven Polwarth William Anstruther Francis Montgomerie

At Edinburgh 16 September 1692, same day (pm)

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Proclamation

Proclamation concerning soldiers deserting or marrying without certificates

The following proclamation being read, voted and approved was signed and ordered to be recorded, whereof the tenor follows: William and Mary by the grace of God, king and queen of Great Britain, France and Ireland, defenders of the faith, to […] macers of our privy council or messengers at arms jointly and severally, specially constituted, greeting. Forasmuch as albeit all soldiers listed and engaged in our service ought to be entirely reserved for that use and not enticed or seduced to desert the same, yet of late several of our lieges either through ignorance or disaffection to our service have given too great encouragement to the soldiers under our pay to desert by enticing and seducing them thereto or by resetting, concealing and entertaining them when they have deserted and relinquished our service, as also several ministers having of late taken upon them to join in marriage persons employed in our service as soldiers without certain knowledge of their being single persons and not married to another woman at the time wherethrough only great prejudice and discouragement is done to our officers under whom they serve, but also great occasion of scandal is given and dishonour done to God and disgrace to the Protestant religion. For remedy of all this, we with advice of the lords of our privy council peremptorily prohibit and discharge all and sundry our subjects within this kingdom to entice or seduce any of the soldiers in our service and under our pay to desert or leave their said service or to shelter, conceal, harbour or entertain any soldier who deserts or leaves the same without having a pass sealed and signed by the captain and commanding officer for the time of the regiment in which the said soldier or soldiers last served, certifying all our lieges who shall hereafter come in the contrary hereof and against whom it shall be made to appear and proven that any soldier reset, concealed or entertained by them has deserted our service and that it was known at the time to the resetter of the said soldier or soldiers or enticer of them to desert that they were not dismissed from our service by a lawful pass signed and sealed in manner foresaid, they and each one of them shall be liable in the sum of £10 sterling to the company under whom any of these soldiers serve to be discerned to them by the ordinary magistrate of the place where the said resetter, concealer or enticer lives, and that in addition to the soldiers being liable to any military punishment according to the articles of war. And also we with advice foresaid strictly prohibit and discharge all ministers and others within this our ancient kingdom to join in marriage any soldier under our pay and service with any woman whatsoever without proclamation of their banns on three Sundays at the parish churches where the woman lives and the soldiers quarters for the time, and that no proclamation of banns shall be granted to any soldier for marriage without a certificate subscribed and sealed by the captain and commanding officer of the regiment wherein the said soldier serves for the time be first delivered to the ministers of the churches where the proclamation is to be made and recorded in the session books thereof bearing that the said soldier to be proclaimed is a single person with certification to any minister or others who shall contravene the premises that they shall be committed to prison for the space of 3 months and be otherwise punished according to the laws of the land as the merit and circumstance of their transgression shall deserve. Our will is herefore and we charge you strictly and command that immediately on seeing these our letters you pass to the mercat cross of Edinburgh and to the mercat crosses of the head burghs of the various shires and stewartries within this kingdom and there in our name and authority make publication hereof that none pretend ignorance, and we ordain our solicitor to send printed copies hereof to the sheriffs of the various shires and stewartries, whom we ordain to see the same published at the mercat crosses and also at the various parish churches and meeting houses within their respective jurisdictions upon the Lord’s day immediatly after devine service as they will be answerable. And ordains these presents to be published and printed. Given under our signet at Edinburgh 16 September and of our reign the fourth year 1692. Subscribed: Tweeddale chancellor, Drumlanrig, Linlithgow, Lothian, Forfar, Kintore, Breadalbane, Tarbat, Belhaven, Polwarth, William Anstruther, Francis Montgomerie.

1. PC1/48, 414-16.

2. The phrase ‘churches and’ **scored out here.**

1. PC1/48, 414-16.

Warrant, 16 September 1692 (pm), Edinburgh

Att Edinburgh the Sixteinth day off September Jaj vjc nynty tuo years Eodem Die Post Meridiem

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Warrant

Warrand for receaveing the Viscount of Kilsyth prisoner in Edinburgh castle

The Lords of there Majestyes privie Councill haveing called for Mr William Livingstoun of Kilsyth who is under baill befor them And he haveing compeared The saids Lords doe hereby Give order and warrand to the deputie governour of the Castle of Edinburgh or other Comanding officer for the tyme In absence of the Earle of Leven principall Governour thereof To receave the said Mr William Livingstoun into the said Castle And to detain him prisoner therein under further order of Councill or that he be persewed befor the Lords Commissioners of Justiciarie and absolved.

At Edinburgh 16 September 1692, same day (pm)n

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Warrant

Warrant for receiving the Viscount of Kilsyth prisoner in Edinburgh Castle

The lords of their majesties’ privy council having called for Mr William Livingston of Kilsyth who is under bail before them and he having appeared, the said lords hereby give order and warrant to the deputy governor of the Castle of Edinburgh or other commanding officer for the time in absence of the earl of Leven, principal governor thereof, to receive the said Mr William Livingston into the said castle and to detain him prisoner therein under further order of council or that he be persued before the lords commissioners of justiciary and absolved.

1. PC1/48, 414.

1. PC1/48, 414.

Warrant, 16 September 1692 (pm), Edinburgh

Att Edinburgh the Sixteinth day off September Jaj vjc nynty tuo years Eodem Die Post Meridiem

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Warrant

Warrand to the Sollicitor for persewing the officers in Sir Thomas Livingstouns regiment of dragoons

The Lords of there Majestyes privie Councill In obedience to and prosecutione of there Majesties Comands Contained in a Letter under his Royall hand direct to them of the date the Fourteinth day of Jully Last past doe hereby give order and warrand to Sir William Lockhart there majesties sollicitor to raise and follow furth processes of treasone befor the Lords Comissioners of there Majesties of there Majesties2 Justiciarie againest the Earle of Sieforth and those officers sometymes in Sir Thomas Livingstouns regiment of dragoons viz Mr William Livingstoun of Kilsyth Captain James Murray brother to Sir David Murray of Stenhope Lewis Hay Late Cornett to Sir Thomas Livingstoun Captain John Livingstoun Captain John Crightoun and Leivetennent James Murray with his first conveniency in November next to come. sic subscribitur Tweeddale cancel: Melvill Drumlangrig Linlithgow Lothiane Kintore Breadalbaine Beilhaven Polwarth William Anstruther Francis Montgomerie Robert Sinclair Patrick Murray.

At Edinburgh 16 September 1692, same day (pm)

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Warrant

Warrant to the solicitor for persuing the officers in Sir Thomas Livingston’s regiment of dragoons

The lords of their majesties’ privy council in obedience to and prosecution of their majesties’ commands contained in a letter under his royal hand directed to them of 14 July last past hereby give order and warrant to Sir William Lockhart their majesties’ solicitor to raise and follow forth processes of treason before the lords commissioners of their majesties’ justiciary against the earle of Seaforth and those officers sometimes in Sir Thomas Livingston’s regiment of dragoons, viz: Mr William Livingston of Kilsyth; Captain James Murray, brother to Sir David Murray of Stanhope; Lewis Hay, late cornet to Sir Thomas Livingston; Captain John Livingston; Captain John Crichton; and Leiutenant James Murray, with his first convenience in November next to come. Subscribed: Tweeddale chancellor, Melville, Drumlanrig, Linlithgow, Lothian, Kintore, Breadalbane, Belhaven, Polwarth, William Anstruther, Francis Montgomerie, Robert Sinclair, Patrick Murray.

1. PC1/48, 414.

2. Sic.

1. PC1/48, 414.