Act, 16 September 1692, Edinburgh

Att Edinburgh the Sixteinth day off September Jaj vjc nynty tuo years Ante Meridiem

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Act

Act Mistres Marshell for stipend

Anent the petitione Given in to the Lords of there majesties privie Councill be Margaret Chalmers relict of Mr Gilbert Marshell Late Minister at Inverness. Shewing That after the deceiss of the petitioners husband which wes the tuenty sixt of Februarij Jaj vjc nyntie one2 The petitioner procured the vacancie of the Church supplyed till the terme of whitsonday Jaj vjc nyntie one And that by the speciall aid and faithfull Ministrie of Mr William Chalmers minister at Gairtlie and others her near freinds to the great satisfactione of all there hearers And there being no more due in Law to the petitioner but the whitsondayes stipend as her Aun whereas If the petitioners husband hade Lived till whitsonday The other half of that years stipend would have been due to the petitioner as her Aun wherefore since the vacancie forsaid wes supplyed till whitsonday forsaid upon her accompt And the petitioners husband haveing been a man of charitable and hospitable disposition And thereby haveing left the petitioner in a verie mean and Low Conditione As the declaration of the magistrats and toun Councill of Innerness produced with the said petitione hes testifyed Wpon which Consideration the saids magistrats and the heretors and others Lyable in payment of the forsaid stipend are most willing To make payment to the petitioner of the same preceeding mertimes Last If they hade there Lordships warrand for that effect sieing the patrone is content3 that the petitioner get the half years stipend forsaid And therefore Craveing that the saids Lords would be pleased to allow and grant right to the petitioner to the vacant stipend of the said kirk off Innerness from whitsonday Jaj vjc nyntie one to mertimes thereafter the said year Especiallie sieing she is content that her gift be burdened with her procureing the patrones Consent As the said petitione bears The Saids Lords of there majestyes privie Councill Haveing Considered this petitione Given in to them be the above margaret Chalmers with the testificat therein and produced therewith They Find that the petitioner hes right to the stipend of the above kirk of Innerness for the first half of the Cropt and year of God Jaj vjc and nyntie one as Aun And allowes her the stipend of the said kirk for the Last half of the said year And ordaines her to be readiely ansuered obeyed and payed of the said haill years stipend Jaj vjc and nyntie one be the heretors fewers wodsetters and others Lyable in payment of the samen And ordaines Letters of horning at her instance under the signet of Councill againest them for that effect She produceing a decreet of Locality And in case there be none ordaines these Lyable to make payment of there respective proportiones of the said years stipend according as they shall be decerned be the Judge ordinarie The petitioner alwayes procureing the patrones consent and produceing the same to the Clerks of privie Councill befor extracting hereof

At Edinburgh 16 September 1692 (am)

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Act

Act for Mistress Marshall for stipend

Concerning the petition given in to the lords of their majesties’ privy council by Margaret Chalmers, relict of Mr Gilbert Marshall, late minister at Inverness, showing that after the decease of the petitioner’s husband which was 26 February 1691, the petitioner procured the vacancy of the church supplied till the term of Whitsun 1691 and that by the special aid and faithful ministry of Mr William Chalmers, minister at Gartly, and others her near friends to the great satisfaction of all their hearers, and there being no more due in law to the petitioner but the Whitsun stipend as her due, whereas if the petitioner’s husband had lived till Whitsun, the other half of that year’s stipend would have been due to the petitioner as her own, thus since the vacancy foresaid was supplied till Whitsun foresaid upon her account, and the petitioner’s husband having been a man of charitable and hospitable disposition and thereby having left the petitioner in a very mean and low condition as the declaration of the magistrates and town council of Inverness produced with the said petition has testified, upon which consideration the said magistrates and the heritors and others liable in payment of the foresaid stipend are most willing to make payment to the petitioner of the same preceding Martinmas last if they had their lordships’ warrant for that effect, seeing the patron is content that the petitioner get the half year’s stipend foresaid, and therefore craving that the said lords would be pleased to allow and grant right to the petitioner to the vacant stipend of the said kirk of Inverness from Whitsun 1691 to Martinmas thereafter, especially seeing she is content that her gift be burdened with her procuring the patron’s consent, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Margaret Chalmers with the certificate therein and produced therewith, they find that the petitioner has right to the stipend of the above kirk of Inverness for the first half of the crop and year of God 1691 as due, and they allow her the stipend of the said kirk for the last half of the said year and ordain her to be readily answered, obeyed and paid of the said whole year’s stipend 1691 by the heritors, feuars, wadsetters and others lyable in payment of the same, and they ordain letters of horning at her instance under the signet of council against them for that effect, she producing a decreet of locality, and in case there is none ordains those liable to make payment of their respective proportions of the said year’s stipend according as they shall be discerned by the judge ordinary, the petitioner always procuring the patron’s consent and producing the same to the clerks of privy council before extracting hereof.

1. PC1/48, 409-10.

2. The word ‘And’ **scored out here.**

3. The phrase ‘to get’ **scored out here.**

1. PC1/48, 409-10.

Act, 16 September 1692, Edinburgh

Att Edinburgh the Sixteinth day off September Jaj vjc nynty tuo years Ante Meridiem

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Act

Act anent electing off magistrats for St Andrews

The Lords of there Majesties privie Councill Considering that befor Episcopacie wes abolished The right of Nominateing persones to be proveist Bailzies Dean of Guild and Theasurer for the Citie of St Andrews from year to year did belong to the Arch Bishop of St Andrews And that the said Arch Bishop wes in use to name the persones for the said severall offices within the said burgh out of Lists presented to him by the magistrats and toun Councill thereof severallie for the saids respective offices And now since the abolishing of Episcopacie the said right of nameing magistrats for the said burgh of St Andrews out of the severall Lists to be presented for each respective office being devolved upon and haveing fallen and accressed to his majestie Therefore the saids Lords ordaine the present magistrats and toun Councill of St Andrews to transmitt to the Earle of Tweeddale Lord high Chancellor of Scotland Lists of such persones as are fitt to be proveist Bailzies Dean of Guild and Theasurer of the Citie and burgh of St Andrews for this ensueing year made up and chosen by the said Cittie as they were in use to be made and chosen in tyme of the Late Arch Bishops And the saids Lords of there majesties privie Councill recomends to and authorize the said Lord High Chancellour to nominate and appoint a proveist Bailzies Dean of Guild and Theasurer to the said Citie and burgh of St Andrews out of the forsaids respective Lists alse freely and amply in everie respect as the Late Arch Bishops were in use to doe befor Episcopacie wes abolished And ordaines the present magistrats of the said burgh to send the saids Lists such a Competent tyme befor the usewall day of Electione as wes accustomed to be done to the Late Arch Bishops And appoynts the persones who shall be elected and nominate by the saids Lord High Chancellour out of the saids respective Lists to serve in the saids severall offices of magistracie in the said burgh for this Ensueing year To be receaved in to there severall stationes and exerce the same accordingly as fully and freely as former magistrats were wont to doe They first qualifyeing themselves by takeing the oath of alleadgeance and signeing the assureance appoynted by Law.

At Edinburgh 16 September 1692 (am)

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Act

Act regarding the election of the magistrates of St Andrews

The lords of their majesties’ privy council considering that before episcopacy was abolished, the right of nominating persons to be provost, bailies, dean of guild and treasurer for the city of St Andrews from year to year did belong to the archbishop of St Andrews, and that the said archbishop was in use to name the persons for the said offices within the said burgh out of lists presented to him by the magistrates and town council thereof, for each of the said offices, and now since the abolition of episcopacy the said right of naming magistrates for the said burgh of St Andrews out of the lists to be presented for each office being devolved upon and having fallen and accrued to his majesty, therefore the said lords ordain the present magistrates and town council of St Andrews to transmit to the earl of Tweeddale, lord high chancellor of Scotland lists of such persons as are fit to be provost, bailies, dean of guild and treasurer of the city and burgh of St Andrews for this ensuing year made up and chosen by the said city as they were in use to be made and chosen in time of the late archbishops and the said lords of their majesties’ privy council recommends to and authorize the said lord high chancellor to nominate and appoint a provost, bailies, dean of guild and treasurer to the said city and burgh of St Andrews out of the foresaid lists as freely and amply in every respect as the late archbishops were in use to do before episcopacy was abolished and ordains the present magistrates of the said burgh to send the said lists such a competent time before the usual day of election as was accustomed to be done to the late archbishops, and they appoint the persons who shall be elected and nominated by the said lord high chancellor out of the said respective lists to serve in the said several offices of magistracy in the said burgh for this ensuing year to be received into their several stations and exercise the same accordingly as fully and freely as former magistrates were wont to doe, they first qualifying themselves by taking the oath of allegiance and signing the assurance appointed by law.

1. PC1/48, 408-9.

1. PC1/48, 408-9.

Warrant, 16 September 1692, Edinburgh

Att Edinburgh the Sixteinth day off September Jaj vjc nynty tuo years Ante Meridiem

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Warrant

Warrand for giveing up William Murrayes bond

Anent the petitione Given in to the Lords of there majesties privie Councill be William Murray brother to the Laird of Stenhope Shewing That the petitioner haveing been apprehended upon a mistake severall years agoe He wes nevertheles detained untill he found baill And albeit there wes nothing Laid to his charge then nor can be ever since yet the baill Lyes still over his head whereby he is hyndered to goe about his effairs Being still Lyable to compear when Called And therefore Craveing to the effect under wreitten as the said petitione bears The saids Lords of there Majesties privie Councill doe hereby give order and warrand to there Clerks to give up to the above William the bond granted be him as principall and Thomas Cochran of Powkellie as Cautioner for his peaceable behaviour and appearance when called for under the penaltie of Tuo Thousand Merks daitted the thretteint day of August Jaj vjc nyntie one

At Edinburgh 16 September 1692 (am)

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Warrant

Warrand for giveing up William Murrayes bond

Regarding the petition given in to the lords of their majesties’ privy council by William Murray, brother to the laird of Stanhope showing that the petitioner, having been apprehended upon a mistake several years ago, was nevertheless detained until he found bail, and albeit there was nothing laid to his charge then, nor can be ever since, yet the bail lies still over his head whereby he is hindered from going about his affairs being still liable to appear when called, and therefore craving to the effect underwritten, as the said petition bears. The said lords of their majesties’ privy council hereby give order and warrant to their clerks to give up to the above William the bond granted by him as principal and Thomas Cochrane of Powkellie as cautioner for his peaceable behaviour and appearance when called for under the penalty of 2,000 merks dated 13 August 1691.

1. PC1/48, 408.

1. PC1/48, 408.

Sederunt, 16 September 1692, Edinburgh

Att Edinburgh the Sixteinth day off September Jaj vjc nynty tuo years Ante Meridiem1

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Sederunt

Lord Chancellour; Earl of Melvill privy Seall; Earl of Drumlangrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Earl of Breadalban; Viscount Tarbat; Lord Belhaven; Lord Polwarth; Lord Fountainhall; Lord Enstruther; Mr Frances Montgomery; Laird of Steivinstoun; Sir William Lockhart; Sir Patrick Murray

At Edinburgh 16 September 1692 (am)1

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Sederunt

[John Hay, earl of Tweeddale], lord chancellor; [George Melville], earl of Melville, privy seal; [James Douglas] earl of Drumlanrig; [George Livingstone], earl of Linlithgow; [Robert Kerr] earl of Lothian; [Archibald Douglas] earl of Forfar; [John Campbell] earl of Breadalbane; [George MacKenzie] Viscount Tarbat; [John Hamilton] Lord Belhaven; [Patrick Hume] Lord Polwarth; [John Lauder] Lord Fountainhall; [William Anstruther] Lord Anstruther; Mr Francis Montgomery; [Sir Robert Sinclair] laird of Stevenson; Sir William Lockhart; Sir Patrick Murray.

1. PC1/48, 408.

2. PC1/48, 408.

1. PC1/48, 408.

2. PC1/48, 408.

Procedure, 15 September 1692, Edinburgh

Att Edinburgh the Fyfteinth day off September Jaj vjc nyntie tuo years

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Procedure

Additionall Commissioners anent hearth money in Linlithgowshyre

The Lords of there Majesties privie Councill doe hereby add Sir Thomas Dalziell of Bin’s and […] Cornwall of Bonhard to the persones formerly named for the shyre of Linlithgow In the proclamatione of Councill anent the hearth money of the date the tuelth day of August last with that same power and Comand to the persones hereby added as to the persones by the said proclamatione appointed Conforme to the tenor of the proclamatione And declares any three of the haill persones here and in the forsaid proclamatione appointed for the said shyres to be a sufficient quorum.

At Edinburgh 15 September 1692

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Procedure

Additional commissioners concerning hearth money in Linlithgowshire

The lords of their majesties’ privy council hereby add Sir Thomas Dalyell of Binns and [Walter] Cornwall of Bonhard to the persons formerly named for the shire of Linlithgow in the proclamation of council concerning the hearth money of 12 August last with that same power and command to the persons hereby added as to the persons by the said proclamation appointed according to the tenor of the proclamation, and they declare any three of all the persons here and in the foresaid proclamation appointed for the said shires to be a sufficient quorum.

1. PC1/48, 407.

1. PC1/48, 407.

Order, 15 September 1692, Edinburgh

Att Edinburgh the Fyfteinth day off September Jaj vjc nyntie tuo years

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Order

Order to the magistrats of Edinburgh anent ministers and Beggars.

The Lords of there Majesties privie Councill being Informed that the Magistrats of Edinburgh have not been sufficientlie Carefull in executeing the proclamatione made againest beggars Therefore they hereby ordaine the saids magistrats to take speciall Care That the said proclamation receave punctuall obedience within there bounds for the future And ordaines them to proceed in takeing tryall what ministers in there bounds doe not pray for there majestyes King William and Queen Mary And if any of these ministers doe make ansuer that tho they doe not in there prayers name there majesties yet they pray for them In such termes as there hearers may understand It is there majesties King William and Queen Mary whom they pray for And not the Late King James nor his Queen In that case The Counsell appoints the magistrats to requyre and Comand all such ministers what ever termes or words They make use of in prayeing for there majestyes that they expressly name there Majestyes King William and Queen Mary as they will be ansuerable And In case any of the Ministers who shall be called for by the magistrates shall faill to appear befor them and ansuer to them The saids Lords appoints the saids magistrats to send such persones as they shall think fitt to hear and observe In what termes these ministers doe pray And report ane accompt of there diligence herein to the Councill at there first meeting in October next

At Edinburgh 15 September 1692

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Order

Order to the magistrates of Edinburgh concerning ministers and beggars.

The lords of their majesties’ privy council being informed that the magistrates of Edinburgh have not been sufficiently careful in executing the proclamation made against beggars, therefore they hereby ordain the said magistrates to take special care that the said proclamation receives punctual obedience within their bounds for the future, and ordains them to proceed in taking trial of what ministers in their bounds do not pray for their majesties King William and Queen Mary and if any of those ministers answer that though they do not in their prayers name their majesties, yet they pray for them in such terms as their hearers may understand it is their majesties King William and Queen Mary whom they pray for and not the late King James nor his queen, in that case the council appoints the magistrates to require and command all such ministers whatever terms or words they make use of in praying for their majesties that they expressly name their majesties King William and Queen Mary as they will be answerable. And in case any of the ministers who shall be called for by the magistrates shall fail to appear before them and answer to them the said lords, they appoint the said magistrates to send such persons as they shall think fit to hear and observe in what terms these ministers pray and report an accounpt of their diligence herein to the council at their first meeting in October next.

1. PC1/48, 407.

1. PC1/48, 407.

Warrant, 15 September 1692, Edinburgh

Att Edinburgh the Fyfteinth day off September Jaj vjc nyntie tuo years

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Warrant

Warrand Countess of Seaforth to remain in Edinburgh castle with the Earl her husband

The Lords of there Majesties privie Councill doe hereby Give order and warrand to the deputie Governour of the Castle of Edinburgh or other Comanding officer therefor the tyme In respect of the Earle of Leven Governour of the said Castle his absence To suffer and permitt the Countess off Sieforth to have access to and remained and Cohabite with the Earle her husband within the said Castle dureing his continowing prisoner therein And to allow the said Earle and his Ladie ane apairtment within the said castle sufficient for accomodateing themselves and the servants necessarie to attend them.

Att Edinburgh the Fyfteinth day off September Jaj vjc nyntie tuo years

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Warrant

Warrant for the countess of Seaforth to remain in Edinburgh castle with the earl her husband

The lords of their majesties’ privy council hereby give order and warrant to the deputy governor of the Castle of Edinburgh or other commanding officer there for the time, in respect of the earl of Leven governor of the said castle his absence, to suffer and permit [Frances Herbert] countess of Seaforth to have access to and remain and cohabit with the earl her husband within the said castle during his continuing prisoner therein, and to allow the said earl and his lady an apartment within the said castle sufficient for accommodating themselves and the servants necessarie to attend them.

1. PC1/48, 406-7.

1. PC1/48, 406-7.

Act, 15 September 1692, Edinburgh

Att Edinburgh the Fyfteinth day off September Jaj vjc nyntie tuo years

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Act

Act Colledge of Aberdein for stipend

Anent the petitione given in to the Lords of there majesties privie Councill be the principall and remanent members of the Colledge Marischall of Aberdeen Shewing That where the petitioners have not only begun but brought to a great Length ane new and necessarie work and additionall building to the said Colledge To its honour and Interest alswell as to the good and universall Concerne of the natione for the accommodatione of students forraigners and others in the said Colledge To the great Applause of all Concerned or any maner of way Interested And particularlie to the satisfactione of the Earle of Marschall patrone of the said Colledge As ane Certificat produced with the said petitione hes testifyed And In respect the said work is not yet Compleated And the petitioners are not able of themselves to accomplish the same without some mark of there Lordships bountie And that the paroch kirk and pariochine of Foveran is vacant for the present year of God Jaj vjc nyntie tuo And the stipend thereof at the saids Lords there disposeall And that the said Earle of Marischall undoubted patrone of the said kirk hes given his right thereto in the petitioners favours for Compleatting the said necessary and pious work for the accommodatione of the petitioners there students and Comon weell of the natione Especially sieing what hes been formerly done of the said building is upon the petitioners Industrie and the privat Contribution of such who hade there educatione in the said Colledge and on no former charge of the publict And therefore Craveing to the effect underwreitten As the said petitione bears The Saids Lords of there majesties privie Councill Haveing considered this petitione given in to them be the principall and remanent members of the Colledge Marischall of Aberdeen with the Certificat mentioned therein and produced therewith They hereby allow to the petitioners the stipend of the above kirk of Foverane for the haill cropt and year of God Jaj vjc nyntie tuo years And that for the Compleating of there work in the said Colledge to be factor for uplifting the said years stipend And ordaines him to be readiely ansuered obeyed and payed thereof be the heretors fewers wodsetters and others Lyable in payment of the samen And ordaines Letters of horning under the signet of Councill at his Instance againest them for that effect He alwayes produceing a decreet of Locality And in case there be none ordaines these Lyable To make payment of there respective proportiones of the said years stipend according as they shall be decerned be the Judge ordinarie In respect The said factor hes found sufficient Caution acted in the books of privie Councill That he shall Imploy the forsaid years stipend for the end and use above mentioned.

At Edinburgh 15 September 1692

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Act

Act for the College of Aberdeen for stipend

Concerning the petition given in to the lords of their majesties’ privy council by the principal and the other members of the Marischal College of Aberdeen showing that where the petitioners have not only begun but brought to a great length a new and necessary work and additional building to the said college to its honour and interest as well as to the good and universal concern of the nation for the accommodation of students, foreigners and others in the said college to the great applause of all concerned or any manner of way interested, and particularly to the satisfaction of the Earl Marischal, patron of the said college, as a certificate produced with the said petition has testified, and in respect the said work is not yet completed and the petitioners are not able of themselves to accomplish the same without some mark of their lordships’ bounty, and that the parish kirk and parish of Foveran is vacant for the present year of God 1692 and the stipend thereof is at the said lords’ disposal, and that the said Earl Marischal, undoubted patron of the said kirk has given his right thereto in the petitioners’ favour for completing the said necessary and pious work for the accommodation of the petitioners, their students and comnon weal of the nation, especially seeing what has been formerly done of the said building is upon the petitioners’ industry and the private contribution of such who had their education in the said college and on no former charge of the public, and therefore craving to the effect underwritten as the said petition bears. The said lords of their majesties’ privy council, having considered this petition given in to them by the principal and the other members of the Marischal College of Aberdeen with the certificate mentioned therein and produced therewith, they hereby allow to the petitioners the stipend of the above kirk of Foveran for the whole crop and year of God 1692, and that for the completing of their work in the said college to be factor for uplifting the said year’s stipend, and ordains him to be readily answered, obeyed and paid thereof by the heritors, feuars, wadsetters and others liable in payment of the same, and they ordain letters of horning under the signet of council at his instance against them for that effect, he always producing a decreet of locality, and in case there is none, they ordain those liable to make payment of their respective proportions of the said year’s stipend as they shall be discerned by the judge ordinary in respect that the said factor has found sufficient caution acted in the books of privy council that he shall employ the foresaid year’s stipend for the end and use above mentioned.

1. PC1/48, 405-6.

1. PC1/48, 405-6.

Procedure: committee, 15 September 1692, Edinburgh

Att Edinburgh the Fyfteinth day off September Jaj vjc nyntie tuo years

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Procedure: committee

Comittee anent Sir2 Robert Hamilton and others prisoners

The Councill Recomends to the Viscount of Tarbatt Sir Thomas Livingstoun and Sir William Lockhart To examine Sir Robert Hamiltone and others prisoners brought to the tolbooth of Edinburgh for alleadged proclameing a disloyall declaration or paper at the croce of Sanquhair in August last And to report to the Councill

At Edinburgh 15 September 1692

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Procedure: committee

Committee regarding Sir Robert Hamilton and other prisoners

The council recommends to [George MacKenzie] Viscount Tarbat, Sir Thomas Livingston and Sir William Lockhart to examine Sir Robert Hamilton and other prisoners brought to the tolbooth of Edinburgh for allegedly proclaiming a disloyal declaration or paper at the cross of Sanquhar in August last and to report to the Council.

1. PC1/48, 405.

2. Inserted above the line.

1. PC1/48, 405.

2. Inserted above the line.

Sederunt, 15 September 1692, Edinburgh

Att Edinburgh the Fyfteinth day off September Jaj vjc nyntie tuo years1

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Sederunt

Lord High Chancellour; Earl of Drumlangrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Earl of Kintoir; Earl of Breadalbaine; Lord Beilhaven; Lord Carmichaell; Lord Polwarth; Lord Fountainhall; Lord Enstruther; Mr Frances Montgomery; Laird of Stevenstoun; Sir Thomas Livingstoun; Sir William Lockhart

At Edinburgh 15 September 16921

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Sederunt

[John Hay, earl of Tweeddale] lord high chancellor; [James Douglas] earl of Drumlanrig; [George Livingstone] earl of Linlithgow; [Robert Kerr] earl of Lothian; [Archibald Douglas] earl of Forfar; [John Keith] earl of Kintore; [John Campbell] earl of Breadalbane; [John Hamilton] Lord Belhaven; [John] Lord Carmichael; [Patrick Hume] Lord Polwarth; [John Lauder] Lord Fountainhall; [William Anstruther] Lord Anstruther; Mr Francis Montgomery; [Sir Robert Sinclair] laird of Stevenson; Sir Thomas Livingston; Sir William Lockhart.

1. PC1/48, 405.

2. PC1/48, 405.

1. PC1/48, 405.

2. PC1/48, 405.