Hume Brown explains that on 13 September 1661 an order arrived for the arrest and imprisonment of the Earl of Tweeddale in Edinburgh Castle. The accusation was that, during the late Parliament’s trial of James Guthrie, Tweeddale had shown sympathy toward the accused in a case treated as high treason.

Tweeddale was imprisoned, though not as a close prisoner. He soon petitioned the Council, expressing distress at the King’s displeasure and seeking either release or confinement at his own house at Bothans. The Council transmitted the substance of his petition to Charles II.

The King’s response allowed Tweeddale’s release from the Castle but required a report concerning his conduct at Guthrie’s trial. A special commission examined him, and councillors who had been present in Parliament reported that he had not voted with the majority on the measures that condemned Guthrie. Suspicion nevertheless continued, and Hume Brown notes that Tweeddale was not restored to his former privileges and liberties until May 1662.

Edinburgh, 13th September 1661.

Sederunt:— Chancellor; Eglintoun; Roxburgh; Haddingtoun; Dundy; Lord President of Session; Lord Register; Lord Advocate; Lord Lie; Sir Archibald Stewart; Sir Robert Murray, Provost of Edinburgh.

“A letter from his Majesty for committing the Earle Tueiddale prisoner in the castle of Edinburgh was produced be the Lord Chancellor and read, the tennor whereof followes:— Sic superscribitur, CHARLES R.

Right trusty and right weilbeloved cousin and councellor, right trusty and weilbeloved cousins and councellors, right trusty and weilbeloved councellors and trusty and weilbeloved councellors, wee greet yow weill. Having received information of some speeches uttered by the Earl of Tueiddale in the tryall of James Guthrie, lattie attainted and executed, which speeches (as we are informed) did tend much to the prejudice of our authority, these are, therefor, to requyre yow to committ the said Earle of Tueiddale prisoner in our Castell of Edinburgh, there to remain untill we have examined the busines or till we shall declare our further pleasure, and that he be keipt in durance within our castle but not as a close prisoner; and so we bid yow heartily fairweill. Given at our court at Whitehall, the seventh day of September, 1661, and of our reigne the 13 yeare. By his Majesties command. So subscryved, Lauderdale.”

[Sederunt as recorded above.]

Supplication by Major John Guthry, prisoner within the tolbooth of Edinburgh, as follows:— Five months ago on the naked assertion of William Laurence, an Englishman, he was imprisoned by order of the Lord Chancellor on suspicion of being concerned in the robbery and spoiling of the house of the said William Laurence, who was “ordained to putt in band and bale for legall persute within two dayes after his committment to the effect the petitioner might sustaine no prejudice by his imprisonment, and that he might be intertained be the same William in the mean tyme.” The supplicant has petitioned the Justice Deputes for trial and has produced certificates under the hands of “famous gentlemen declaring that he was never thrie myles distant from Edinburgh thrie months before nor thrie months after the alleged committing of that fact.” But the said William has taken no steps for his trial, nor allowed anything for his maintenance, and he is in very great straits and at the point of starving. He craves their Lordships’ compassion and their order for his release.

The Lords, in regard that no one is insisting for his trial, ordain the magistrates of Edinburgh to release the supplicant upon his finding caution to compear for trial when lawfully cited.

“Ordered that in pursuance of his Majesties orders the Earls of Haddingtoun, Annandale and Callandar, the Lord President of the Session, Lord Register, Lord Advocatt and Lord Lie, doe examin the said Earle of Tweeddale at the castle of Edinburgh the morne at nyn of clock in the morneing anent his cariage at the late vote in Parliament which condemned James Guthrie, and to take his oune declaration under his hand upon the severall votes which past in that proces, whereupon he is to be interrogat and to report the same the nixt meitting.”

“Ordered that commission be direct to Patrik Kairncrose of Balmishanner, Mr Thomas Huntar of Restennett, David Huntar of Burnsyd, Gideon Guthry of Halkertoun, Alexander Guthrie of Carsbank, Alexander Scott, provest of Forfar, Thomas Guthrie and David Dicksone, baylies there, or any fyve of them, for putting of Issobell Syrie, indueller in Forfar, who hath confest the abominable sin of witchcraft in entering into paction with the divell, renunceing her baptisme and otherwayes, as there depositiones beares, to ane legall tryal, and, if she shall be found guilty upon voluntar confession, without any sort of torture or other indirect meanes used against her to bring her to ane confession, or that malifices be otherwayes legally instructed and proven, that then and in that case and no otherwayes they cause justice be administrat upon her conforme to the lawes of the kingdome. Subscribitur ut proxima supra.”

Edinburgh, 3rd October 1661.

“The Lords appointed to draw up the report and letter to be sent to his Majesty concerning the Earle of Tueiddale gave in the draughts following, which were read and approven:—

Having mett at Edinburgh the first of October instant in pursuance of his Majesties commands sent by a letter of the date the tuentie thrid day of September last, the Lords of Councill did commissionat the Earles of Haddingtoun, Annandale and Callendar, the Lords President of Session, Register, Advocatt and Sir James Lokhart, ane of the Senatours of the Colledge of Justice, to examin him at the castle of Edinburgh the nixt day, who accordingly did interrogat him upon his cariage at the severall votes past in Parliament at Guthries tryall, and did returne his answer and declaration under his hand, which being examined in Councill, all of their number who were members of Parliament and present when the saids votes were past, did affirme that as to all these articles of the declaration they did remember that he went not alongst with any of them in the affirmative which past in Parliament. Sic subscribitur, Glencairne, Cancelᵘˢ; Rothes; Eglintoun; Linlithgow; Wigtoun; Kellie; Sinclair; G. Kinnaird; A. Bruce; Rᵗ Murray.”

“Followes the letter sent to his Majesty. Most sacred soverreigne, In obedience of your Majesties letter, of the date the tuenty thrid of September last, we have proceed to the examination of the Earl of Tueiddale, whereof we have sent a report with all instructions relating thereto for clearing the whole matter … Sic subscribitur, Glencairne, Cancelᵘˢ; Rothes; Eglintoun; Linlithgow; Wigtoun; Annandale; Sinclair; Mortoun; Roxburgh; Kellie; Haddingtoune; Jo. Kilmoir; A. Bruce; G. Kinnaird; J. Lokhart; R. Murray.”

Charles be the grace of God King of Great Britane France and Ireland defender of the faith to all and sundry our leidges and subjects whom it efferis to whose knowledge thir our letters shall come greitting Forsameikle as Issobel Syrrie indweller in Forfar hes confest the abominable cryme of witchcraft in entering into paction with the divell renuncing hir baptism and otherwayes as hir depositions in presence of divers famous witnesses beares therefore wee with advyce and consent of the Lords of our Privy Councll have granted and given and by these presents gives and grantes our full power authority expresse bidding and charge to our lovitts Patrick Cairncrosse of Balmishanner Mr Thomas Huntar of Restennett David Huntar of Burnsyde Gideon Guthrie of Halkertoune Alex. Guthry of Carsbank Alex. Scott provest of Forfar Thomas Guthrie and David Dickson baylies there or any fyve of them to meitt at such tymes and places as they shall think most convenient and there to affix and hold courts call suits amerciat absents uplift unlawes and amerciaments and creat clerks sergands demsters and all other members of court neidful.

And in their said courts to call the said Issobell Syrrie and to put her to her tryall and to the knowledge of ane assyse and if she shall be found guilty upon volunteer confession without any sort of torture or any other indirect meanes used against her to bring her to ane confession or that malefices be otherwayes legally instructed and proven that then and in that case and no otherwayes they cause justice be administrat and execute upon her conform to the lawes of this kingdome And to doe all other things necessary to the execution of this [commission according to] the lawes of the kingdome.

With power also to the said [Commissioners] or any fyve of them to secure such others as are or shall be delate guilty and to examine them and to use all fair meanes without any sort of torture for their tryall and bringing them to the confession of their sinnes.

Given under our Signett at Edinburgh the sevent day of November and of our reigne the threttienth yeare 1661.

GLENCAIRNE Cancellarius.   JO. GILMOUR.
ROTHES.   JO. FLETCHER.
LINLITHGOW.   J. LOCKHART.
HOME.   ROBT. MURRAY.

Edinburgh, 17th December 1661.

Sederunt:— Chancellor; Rothes, President; Mortoun; Linlithgow; Southesk; Callandar; Annandale; Halkertoun; President of Session; Advocate; Lord Lie; Alexander Bruce; Provost of Edinburgh.

“Commission is ordered to be direct to Patrik Cairncroce of Balmashanner, Mr Thomas Huntar of Restennett, David Huntar of Burnsyd, Gideon Murray of Halkertoun, James Keith of Cadam, shireff deputt, Alexander Guthrie of Carsbank, Alexander Scott, provest of Forfar, Thomas Guthrie and David Dicksons, baylies there, or any thrie of them, the said James Keith being alwayes one, for trying and judging of Helen Cothall, Helen Guthéry and Elspeth Guthrie in the paroch of Forfar and Issobell Smith in the paroch of Otholl, who have confest themselves to be guiltie of the cryme of witchcraft. Subscribitur, Glencarne, Rothes, Mortoun, Linlithgow, Southesk, Callander, Annandale, Halkertoun, Jo. Gilmoir, Rᵗ Murray.”

Edinburgh, 12th June 1662. [Sederunt as recorded above, omitting Rothes and Weymes.]

Supplication by James Guthry, writer in Dundy, in behalf of Margaret and Elizabeth Guthrie, his sisters, indwellers at Montrose, as follows:—

On 10th January last his said sisters were incarcerated in separate prisons at Montrose on a charge of witchcraft “and from thence transported to Forfar, where they were imprisoned, putt in stocks and ane guard sett to everie one of them to their great expensses, all which while they could have scarce so much clean strae as to rest upon; and were thereafter transported to severall prison houses at Montrose, where they still ly in a most desolat and disconsolat condition.”

In answer to a former petition on 22nd May last the sheriff of Forfar and his deputies were ordained to try the petitioners and report, yet nothing has been done and the said prisoners are still “in ane lamentable condition.”

It is craved that the sheriff or his deputies be ordained to liberate the prisoners, seeing “there is nothing confest be them nor proven against them,” and they are content to find caution for abiding their trial when lawfully charged, “or else that some able and judicious gentlemen unsuspect of any prejudice against them might be ordained to take tryall of what is alledgit and to report.”

The Lords ordain the sheriff-principal of Forfar or his deputies “to cause putt the saids Margaret and Elizabeth Guthries to a legall tryall according to the knoune lawes of this kingdom without any tortur, pricking or other indirect meanes to be used against them and that betuixt and the tuelt day of July nixttocum,” and if they are then found not guilty they and the magistrates of Montrose, in whose prison they are, are to put them to liberty.

Edinburgh, 16th September 1662.

Supplication by Margaret and Elizabeth Guthrie, indwellers in Montrose, as follows:—

“They were apprehended on 10th January last on a false charge of witchcraft and imprisoned, and in response to their petition their Lordships on 22nd May ordained the sheriff depute of Forfar to put them to a lawful trial without delay. But this was slighted and the petitioners were still kept in prison in a most lamentable condition, whereupon, being petitioned a second time, the Lords again ordained the supplicants to be tried before 12th July, or else put to liberty. This also was disregarded, and the petitioners were still ‘most cruelly detained and tormented in dungeons.’ On a third representation their Lordships on 8th August ordained the sheriff-principal or his deputies to try them before 1st September, and this has likewise been disregarded, wherefore they crave that they may now be liberated, ‘or putt of the world, which will be more comfortable to them then the present unexpressable misery they doe sustaine.’”

The Lords command Keith of Caddam, sheriff depute of Forfar, or the provost and bailies of Montrose to put the supplicants to liberty within twenty-four hours on finding caution to appear to their trial before any judge competent when required.

Edinburgh, 28th November 1662.

Registration by Patrick Fraser, advocate, of a bond by William Hamiltone of Gilkerscleugh, younger, narrating that on 7th October last William Lindsaye of Birthwood became cautioner for Matthew Baillie in the town of Crawford to observe the peace under penalty of 10,000 merks, and now the said William Hamilton becomes conjoint cautioner for him; with clause of relief by the said Matthew Baillie.

This bond is written by Hew Stevensone, servitor to James Wright, writer, and is dated at Edinburgh, 28th November 1662; witnesses, the said Hew Stevinsone and Thomas Guthrie, burgess of Edinburgh.

Edinburgh, 12th February 1663.

Supplication by Mr Walter Keith, preacher, as follows:—

“The kirk of Guthery being vacand without a minister, and he being by the Lords providence called by the elders and deacons of the said paroch to serve in the ministry ther, as by their act of the sevint of October, 1660, doeth in itself at more lenth testifie, and having accordingly embraced that call and served the cure by preaching, yet, in regard to the troblesomnes of the tyme and the unsettlednes of church government, he hath not gotten a formal presentation and collation as yet. Bot being he hath discharged that deuty which becomes a minister of the gospel all this tyme bygane by preaching the Word, and that the stipend 1661 and 1662 is yet undisposed upon, which is very inconsiderable,” he craves that the heritors and others liable therin may be ordained to pay the same to him.

The Lords ordain as craved.

Edinburgh, 14th July 1663.

“The Lords of his Majesties Privy Councill, being informed of the turbulent and seditious cariag of the persons underwrettin, viz.:— Masters Alexander Livingstoun, late minister at Biggar, Mathew McKell at Bothwell, John Gutherey at Tarboltoun, Jon Blair at Machlen, Jon Shaw at Selkirk, George Jonstoun at Newbotle, Jon Hardy at Gordon, Archibald Hamilton at Wigtoun, Georg Wauch at Kirkinneir, and Anthony Murray at Kirkbean, doe therefore ordaine macers or messengers at armes, to charge the said persons to appear before them the tuentie thrid day of July instant to ansuer to such thinges as shall be laid to their charge under the paine of rebellion, etc.”

Edinburgh, 16th February 1664.

Supplication by several of the burgesses and inhabitants of Irving, as follows:—

“There being an election of magistrates and council in the burgh for the present year, and now the most part of these being necessarily abroad in England and Ireland about their merchandise, and the Dean of Guild removed by death, so that there is not a quorum of the magistrates and council to return a report anent the Declaration which their Lordships have appointed to be subscribed presently by all persons in public trust, the petitioners, thinking it may be to the prejudice of their burgh unless a new election take place, crave order therefor.”

The Lords, having considered the matter, “authorises, commands and ordaines John Guthery, late provest, Allan Cumin and Allan Cunyngham, baylies, and the persons who were councellours the last year, 1663, to convene themselves with all diligence and to proceed to a new and formal election of magistratts and councell for this present year, conform to the laws and acts of borrowes and former constitution of the said burgh, of such persons as will subscryve the declaration appointed to be the Parliament to be taken be all persons in publict trust, to the effect the persons so to be elected may accordingly subscryve the Declaration and report the same to the Councill, they giving ane accompt of their diligence thereanent betuixt and this day tuenty dayes peremptorly.”

Edinburgh, 16th June 1664.

Supplication by Mr Hary Guthrie, minister at Kilspindy, as follows:—

“In 1661 he obtained an order of Parliament directed to Mr John Wilkie to make payment to him from the vacant stipends of the sum of £150 sterling; but none has been made as yet. He therefore craves that some course be taken to satisfy him thereof.”

The Lords recommend to the Archbishop of St. Andrews to grant a locality to the petitioner for the said sum out of the vacant stipends, “provydeing the same be not out of any stipends wherunto Mr John Wilkie hes right.”

“Confession of Margaret Ker takin from her awne mouth, 30 May, 1661.

“Margaret Ker declairit that, about ane half or quarter of ane yeir syne or thairby, thair come to hir house after shoe was in bed ane dog and did pull af the cloathes of the bed, and schoe arose, put on hir cloathes and went up throw the loane from hir house to the west syd of Boltounmore, and in the way goeing thither the divell, as said is, first lyk a dog appeirit a man and then desyrit hir to be his servant quhich schoe promist to be and then he kist her and desyrit hir renunce God and hir baptisme, quhich schoe did, laying hir ane hand on hir head, the uther on her feit, gave saul and body to him, and he callit her Elisabeth and lay with her quhen he had throwin hir downe to the ground and suspect hirself wrong quhen schoe fand his nature cold, and quhen he kist her his breath was unpleasant.

He then desyrit her to be a good servant. Againe he come to hir house and was caried to a meitting in Sammilstoun hauche, wairned be Jeane Deanes, and saw thair Helen Deanes, Issobell Cathie, Jonet Wast, Jonet Kempe, Issobell Smyth, Anna Kempe, Bessie Todrig, Bessie Dawson, Jonet Baigbie and Satan with them. They did dance thair and he spak with them and with hir and againe bad hir be a good servant.

Item, declairit schoe was at ane meitting besyd Pilmore, wairned be Elspeth Baillie, quhair schoe saw many persones but knew non of them bot the said Elspeth Baillie, Issobell Richardson and Margaret Maislet, and was wairned againe be hir to ane uther meitting but went not.

Farder, declairit schoe was at ane meitting first in the Backburne of Boltoun, and from thence went to Baigbie mure and thair [saw] many persones, with the divell amongst them, but knew non of them save the saids Elspeth Baillie, Issobell Richardson, Margaret Maislet, Bessie Todrig, Bessie Dawson, Jonet Baigbie, and was wairned to that meitting be the divell, and schoe wairneit Anna Kempe and Issobell Smyth.

This takin from hir awne mouth without violence or compulsion usit in any maner befor thir witnesses, George Baigbie and James Gottray in Over Boltoun, Johne Cantlie, servitour to the Erle of Lawderdail, and Thomas Makcoull.”

36. Bond of caution by George Nairne of Greens for James Gordoun, brother german to Sir George Gordoun of Geight, that Mr Alexander Gregorie of Netherdaill and his family, tenants and servants shall not suffer injury or molestation from him, especially in their possession of the lands and baronies of Frendraught and Netherdaill; with clauses of relief and registration.

The bond was written by the said George Nairne, and dated at Aberdeen, 21st April 1662; witnesses, Patrick Innes and Robert Mairnes, servitors to James Crichtoun of Kinardie.

The sufficiency of the cautioner is attested by Mr William Guthrie, writer in Edinburgh; and the cautioner is received, 28th April 1662.

22nd April 1663.

80. Original of bond of caution by Arthur Dalgarno, merchant in Peterhead, for Alexander Hay of Strathtodlie, to indemnify Mr William Rires, minister at Lonmay (as noted ante, p. 356).

It states that the bond was written by Mr William Dalgarno, writer in Edinburgh, and one of the witnesses is Mr William Robertsone, advocate.

The cautioner’s sufficiency is attested by Alexander Ord, servitor to Richard Guthrie, W.S.

241. Bond by William Geddes, as principal, and James Geddes of Kirkurd, his cautioner, that he will remove himself and his family from the place where he last dwelt and not reside within five miles thereof, and will also answer for the slaughter of Patrick Porteous, and keep the peace with the lieges, especially William Porteous of Glenkirk, under a penalty of £500 Scots if he fail herein; on his finding of which caution the Lords on 18th instant ordained him to be liberated from the tolbooth of Edinburgh.

There is a clause of registration; and the bond is written by Hew Stevenson, servitor to Sir Peter Wedderburn of Gosfurd, and dated at Edinburgh, 20th August 1664; witnesses to the subscription of the principal, John Geddes, oy to the said James, James Somervell, Henry Monteith and Robert Greir, servants in the tolbooth of Edinburgh; and to the cautioner’s subscription, the said Hew Stevenson and Robert Serveis, writer in Edinburgh.

The principal has to sign by aid of the notaries, Andrew Young and John Guthrie.

Edinburgh, 8th February 1666.

The Lords of his Majesties Privy Councill, considering that there are severall copies of a seditious book, called Ane apologetik relation of the suffering ministers of the Kirk of Scotland since August, 1660, vented and dispersed within this kingdome, and that one of these books was found with [Mrs Guthrie, relict of] umquhile Mr James Guthrie, and that she and Sophia Guthrie, her daughter, being called before the Councill to declare upon oath from whom they received the same, did refuse to give obedience therein, doe therefore ordain the said Ramsay and Sophia Guthrie to be sent to Zetland there to be confyned during the Councills farder pleasure, and ordaines them to be keipt close prisoners till they be sent thither.

“The Lords of his Majesties Privy Councill, having considered a petition presented be Mrs Guthrie and Sophia Guthrie, her daughter, humbly craveing that the Councill will mitigat their sentence of the eight of February last ordaining them to be confyned to Zetland and that they may have some place within the Continent allotted to them for the more convenient managing their houshold vertue, the only mean of their lyvliehood, doe remitt to the Lord Commissioner his Grace to alter and change the place of the petitioners confynment as his Grace shall think expedient.”

Edinburgh, 9th May 1666.

“Charles, etc. Forsameikle as Margret Guthry in the parish of Carnbie is apprehendit and imprisoned in the tolbuith of Anstruther Wester as suspect guilty of witchcraft, and to the effect she may be putt to a legall tryall, we, with advyce of the Lords of our Privy Councill, doe hereby commissionat Jon Malcolm of Balbedy, Sir Philip Anstruther of that Ilk, William Scot of Ardrose, Sir James Lumsdean of Innergelly, Sir William Bruce of Balcaskie, Mr William Ord of Carnby, Jon Carstairs of Cassingray, Patrik Lindsey of Wormistoun and Sir Patrik Murray of Kincraig, or any fyve of them, to meitt at such tymes and places as they shall think expedient, to affix and hold courts, creat clerks, etc., call ane assyse, etc., and in the saids courts to call the said Margret Guthry and to put her to the tryall and knowledge of ane assyse; and, if she shall be found guilty upon voluntar confessions judicially made, without any sort of torture or indirect meanes used to bring her to confession or that malifices be legally instructed and proven, that then and no otherwayes they cause the sentence of death to be execute upon her. Subscribitur, Mortoun; Perth; Kelly; Weymes; Home; Primrose; Jo. Nisbett; Ch. Maitland; Wauchope.”

Edinburgh, 9th October 1666.

“Charles, be the grace of God, etc. Forsameikle as the Lords of our Privy Councill are informed that Agnes Kid in the paroch of Lochlie is apprehendit and imprisoned in the tolbuith of Forfar as suspect guilty of the most horrid and cruell cryme of incest and murther in bringing furth a chyld to Alexander Law, her father in law, and after the birth most cruelly murthering the same, and, to the effect justice may be done upon her conform to the lawes of this our realme, wee, with advyce of the Lords of our Privy Councill, give and grant our full power and commission to Sir James Keith of Powburn, shireff deputt of Forfar; Alexander Guthry of Carsbank, Patrik Cairncroce of Balmashener and David Hunter of Burnsyd, or any tuo of them, the shireff deputt being alwayes one of the number, with power to them to meit at such tymes and places as they shall think expedient and then and there to affix and hold courts, etc., and to try and judge, in the common termes of a commission. Sic subscribitur, Hamiltoun; Linlithgow; Weymes; Sinclair; Bellenden; Jo. Gilmour; Primrose; Wauchop; Nidry.”

Edinburgh, 9th October 1666.

“Ament a petition presented be James Hamiltoun, merchant, for himself and in name of the rest of the owners of the ship called the Ewe and Lamb, bound for Virginia, shewing that it being ordinary to take occasion of ships bounding to Virginia and other remote islands to disburden the kingdom of strong and idle beggars, Egyptians, common and notorious whores and theives and other dissolute and louse persons banished and stigmatizat for grosse crymes, and for that effect to give order and command to shireffes, justices of peace and magistratts of burghs to apprehend their persons and to delyver them for transportation…”

The Lords grant warrant to all shireffes, justices of peace and magistratts of burghs to apprehend and delyver to the petitioner such persons … to be transported be the forsaid vessell …

Edinburgh, 4th December 1666.

Proclamation against reset of rebels.

“Charles, be the grace of God, King of Great Britain, France and Ireland… Forsasmuch as upon the first notice given to our Privy Councill of the rysing and gathering of these disloyal and seditious persons in the west who have of late appeared in armes in a desperat and avowed rebellion against us… wee have therefore, be the advyce of our Privy Councill, thought fitt againe herby to discharge and inhibit all our subjects that none of them offer or presume to harbour, resett, supply, correspond with, hyd or conceall the persons of Leivtenent Collonell James Wallace, Majour Lermonth, Mr Jon Gutherey, Mr Jon Welsh, Mr Samuell Arnott… or any others who concurred or joyned in the late rebellion…”

Edinburgh, 18th May 1667.

Having been informed of the death or removal from the shire of some commissioners of excise and justices of peace in Aberdeenshire, the Lords appoint in their stead the Earl of Aboyne, Adam Urquhart of Meldrum, Sir Hary Guthry of Collistoun, George Gordone of Rothnie, Elphingstoun of Glack, Leslie, younger of Warthill, John Gordon of Artloch, John Hamiltoun of Corse, Gordoun of Talpersie, Alexander Bisset of Lessindrum, Alexander Gordon of Kinguidie, Francis Cheyne of Feinzies, Hew Gordon of Auchtyre, Ross of Auchclosin, George Seatoun of Minnis and Richard Maitland of Auchincreive, “provyding alwayes that the saids persons be Protestants and not otherwise” ; with power to them to sit and act with the rest of the commissioners and justices as accords.

Edinburgh, 8th October 1667.

Act of Indemnity in favour of persons concerned in the late rebellion.

“Charles, be the grace of God… Forasmuch as alwayes it hes bein our greatest care that our good subjects may live in peace and happiness under our government… wee doe by thir presents grant our full and frie pardon and indemnity to all persons who were ingaged in the said rebellion or who had accession therto from all payne or punishment… excepting alwayes from this pardon the persons and fortunes of Collonell James Wallace, Majour Lermonth, Maxuell of Monreiff, younger; MᶜClellan of Barscob, Gordon of Parbrek, MᶜClellan of Balmagechan, Cannon of Burnshalloch, younger; Cannon of Borley, younger; Welsh of Skar, Welsh of Cornley, Gordon in Garrery of Kells… Mr Jon Gutherey, Mr Jon Welsh, Mr Samuell Arnot… and of all others who are forfaulted and who are under proces of forfaltur…”

Edinburgh, 9th October 1667.

Act of Indemnity to persons concerned in the late rebellion, with the names of those who are exempted from it.

“Charles, by the grace of God, King of Scotland, England, France and Ireland… wee doe by thir presents grant our full and frie pardon and indemnity to all persons who were ingaged in the said rebellion or who had accession therto… excepting alwayes from this pardon the persons and fortunes of Collonell James Wallace, Majour Lermonth, Maxuell of Monreiff, younger; MᶜClellan of Barscob, Gordon of Parbrek, MᶜClellan of Balmagechan, Cannon of Mordroget, younger; Welsh of Skarr, Welsh of Cornley, Gordon in Garery of Kells… Mr Jon Gutherey, Mr Jon Welsh, Mr Samuell Arnot… and of all others who are forfaulted and who are under proces of forfaultour…”

Edinburgh, 7th November 1667.

Supplication by John Scott, master of the ship called The Good Intent, and James Currie, Patrick Fyf and James Hamiltoun, merchants, for themselves and in name of the remanent owners of the said ships, as follows:—

“It hath been in use to take occasion of ships bounding for Virginia, Barbadoes and other remote islands to disburden the kingdome of strong and idle beggars, vagabounds, Egyptians, comone and notorious whores, theeves and other dissolute and louse persons banished or stigmatizat for grosse crymes…”

The Lords give order to sheriffs and others to deliver such persons… to be transported be the forsaid ships…

Edinburgh, 19th December 1667.

“Ament a petition presented in name of the commissioners of excyse of the shyre of Aberdein shewing that in July, 1665, there being ane addresse made for adding certan commissioners to the said shyre in place of some dead or removed that were nominat by the act of Parliament, the Councill did adde a few in their place…

the Lords of his Majesties Privy Councill, having at lenth heard and considered the forsaid petition, with the act of Councill in July, 1665, adding certan commissioners of excyse for the said shyre in place of some deceased or removed, together with a posterior act in May also adding the persons underwrytten, viz., Charles, Earle of Aboyne; Adam Urquhart of Meldrum, Sir Hendry Guthry of Collistoun, George Gordon of Rothnie… and, being informed that the saids persons are not yet admitted nor receaved, doe herby adhere to their first act past in July, 1665, and annulles and discharges the said last act obtained in May last bypast…”

Edinburgh, 7th May 1668.

Supplication by Captain Guthrie, master of the ship called The Ewe and Lamb; James Currie, Patrick Fyf and James Hamiltoun, merchants, for themselves and the rest of the owners of the said ship, as follows:—

“The vessel is ready to transport vagabonds, idle beggars and other criminals to Virginia, Barbadoes and other remote islands, and they crave delivery of such according to the intention and custom of the Council.”

The Lords give order as formerly (ante, p. 358); to endure for three months.

Edinburgh, 5th August 1668.

“The Lords of his Majesties Privy Councill doe hereby give order and command to Mr Jon Stewart of Ketlestoun, admirall deputt, and any one of the baylies of Edinburgh, with one of the macers of Councill, immediately upon sight hereof, to goe aboard the tuo Virginia ships, the one called the Convertin and the other the Ewe and Lamb, lying in the road of Leeth, and to search the same, and, if they find any persons there who are not of their oune consent and frie will content to be caryed to the saids plantations or are not condemned therto by the sentence of a judge, that they bring them ashore and dismisse them…”

Edinburgh, 5th August 1668.

The Lords, having considered a petition by the commissioners of excise of the shire of Bamff for the filling up of vacancies caused by the death or removal out of the shire of former commissioners and justices of peace, do hereby appoint George, Lord Bamff; Sir James Baird of Auchmedden, Sir Henry Guthrie of Collistoun, Alexander Sutherland of Kinminnetie, Walter Stewart of Boig and Mr Robert Irwing, tutor of Troup, to be commissioners of excise and justices of peace for the said shire, with full powers, being admitted thereto in the usual and accustomed manner.

Edinburgh, 15th January 1669.

Licence to Jean Guthrie, relict of Mr James Guthrie, to come to Edinburgh to attend her son, who is in sickness.

“The Lords of his Majesties Privy Council, haveing considered a petition presented be Jean Ramsay, relict of umquhile Mr James Guthrie, shewing that her only sone being in Edinburgh under a sad distemper to the hazard of his lyfe, and therfor supplicating that, notwithstanding of her confinement, she might be licensed for some tyme to come to Edinburgh and waite upon her sone, upon consideration of quhich petition and testificat produced subscryved be Doctour Burnett, the saids Lords allow the petitioner to come to Edinburgh and to reseid therein untill the fyfteenth day of February nixt to the effect abovementioned.”

76. 14th November 1667.

Bond of caution by David Mylne, weaver, burgess of Edinburgh, for Alexander Mudie, present deacon of the weavers of Dundie, James Patersone, present boxmaster, David Midletoune, Henry Adame, William Guthrie, and a large number of other named weavers in Dundee and the liberty thereof, that, if found liable, they shall pay to David Weymes, merchant in Dundie, or his factors, the fines and confiscations incurred by them through breach of the act of Parliament anent weaving; with clause of registration.

The bond is written by James Kynneir, writer in Edinburgh, and dated at Edinburgh; witnesses, James Butchart, weaver in Caldtoune, and John Mudie, servitor to Adam Duncane, weaver, burgess of Cannogaitt, and James Kynneir, son of the said James Kynneir, and William Elder, weaver in Edinburgh.

John Clerk, present deacon of the weavers of Edinburgh, and William Reid, present boxmaster, attest the cautioner’s efficiency.

142. Edinburgh, 5th March 1669.

Precept to Mr William Sharp, cash keeper, for paying 500 merks to James Dunlop of Houshill, whom the Lords of Council have employed to serve as sheriff-depute of Renfrew for the months of March instant, April, May and June ensuing, “for the outreik of himselfe, his procurator phischall and officer (who is to be a messenger) and ar to serve in the said court during the space forsaid, the whole fines therof being by the Councell allowed to them in consideration of ther interteenement, chairges and expenses time forsaid.”

Dated at Edinburgh, 5th March 1669. (Signed) Tweeddale, Kincardin, Cochrane, Bellenden.

Also receipt thereof by the said James Dunlop, dated at Edinburgh, 8th March 1669; witnesses, James Guthrie and John Cochrane, writers in Edinburgh, and John McPherson, writer in Edinburgh.

Edinburgh, 20th November 1669.

Supplication by James Johnstone, James Currie, Patrick Fyfe, merchants in Edinburgh, and Captain James Guthrie, skipper of the Ewe and Lamb, bound for Virginia, in the former accustomed terms (cf. p. 21).

The Lords ordain all such persons as are within the tolbooth of Edinburgh and are by sentence banished this kingdom to be delivered to the supplicants, who are to find caution to carry them to the plantations under a penalty of 1000 merks for each one whom they shall put ashore or suffer to escape for their liberation before they shall be landed in Virginia or others of his Majesty’s foreign plantations; and also ordaining all who already are or shall be condemned as vagabonds by any judge or justice of peace to be delivered to them; and that within the three months during which this order is valid.

Edinburgh, 2nd March 1671.

Monopoly of printing the sermons of Mr Andrew Gray and Mr William Guthrie’s Christians Interest granted to George Swintoun and James Glen, printers in Edinburgh.

“The Lords of his Majesties Privy Councill, having considered a petition presented to them be George Swintoun and James Glen, printers in Edinburgh, bearing that diverse years since, upon agrielment with the relicts of Mr Andro Gray and Mr William Guthrie, and payment to them of a considerable soume, they purchased the first copy of some sermons wrytten be Mr Gray and Mr Guthrie his little book, called the ‘Christians Interest,’ which the petitioners did accordingly print …”

The petition further represented that the works had since been reprinted to the petitioners’ prejudice, but were now nearly worn out of print, and asked for the sole privilege of printing them for a competent period.

The Lords grant George Swintoun and James Glen the “sole and only priviledge” of printing the said Mr Gray his 37 sermons and Mr Guthries little book, called the “Christians Interest,” for the space of eleven years.

Edinburgh, 16th November 1671.

Supplication by Laurence Trent, merchant, and Captain John Guthrie, skipper of the ship called the Ew and Lamb, as follows:—

“Their Lordships have been in use to take advantage of ships bounding for the plantations to disburden the country of strong and idle beggars, vagabonds, Egyptians and other undesirable persons; and, as the country now abounds with such, it is craved that warrant may be issued to sheriffs and magistrates to deliver such to the supplicants for transportation, also such prisoners in and about Edinburgh who may be willing themselves to go out.”

The Lords grant warrant as craved, and ordain the magistrates of Edinburgh, Leith and Cannongate to deliver any prisoners in their tolbooths who are willing to be transported, the Lord Advocate or the Justice Clerk being always first acquainted with the names of such and their consent obtained. The order is to endure for four months.

Edinburgh, 22nd February 1672.

Counter-complaint by Sir John Nisbett of Dirltoun (his Majesty’s Advocate), and the present bailies and councillors of Forfar, against William Gray of Inverieghty and a large group of armed men, including David Guthry there, for invading and assaulting the magistrates and others during the proclamation of the St. James Day fair on 25th July last.

The complaint describes how William Gray and a company of three or four score men on horseback, “armed with swords, pistols and other weapons invasive,” came in a tumultuous manner, assaulted the bailie and other burgesses, beat them, struck and invaded them with drawn swords, fired pistols and shot guns, to the effusion of their blood and peril of their lives.

Edinburgh, 2nd May 1672.

The Lords ordain Barbara Finnick and Jean Browne, prisoners in the tolbooth of Edinburgh for heinous crimes, to be delivered to the master of the ship called “The Ew and Lamb” to be transported to the plantations.

Forfar, 7th April and 25th May 1669.

“Conveined, the Earles of Kingorne, Southesk, Panmuir, the Lord Ogilwie, the Lairds of Powrie, wester and easter, Balmamoon, Inveraritie, Bonytoune, Auldbar, Fintrie, younger, Cossinis, Newgrainge, Pitmoues, Duntroon, Monorgend, Logiefort, Guind, Lantoune, Inverightie, Newgait, Balmachie, Ardounie, Kingennie, Kirkbuddo, Strickmairtein, Ogill Wester, Dryburgh, Dennon Easter, Kirktoune; George Forrester, baillie for Dundie, Thomas Guthrie, proveist, and David Dickesone, baillie for Forfar, David Ochterlouny, baillie for Aberbrothik, George Steill and Jamesone for Brechin. The Laird of Fintrie nominat preses…”

Forfar, 25th May 1669.

“Conveened, the Earles of Southesk and Northesk, Sir David Ogilwie of Clovy, Sir John Carnegie of Boysock, James Carnegie of Balmamoon, John Lindsay of Edzell, the Lairds of Dun, Bonytoune, Monorgond, Powrie Wester, Lantoune, Pitmoues, Guind, Ardounie, Dryburgh, Innerightie, Logiefort, Thomas Guthrie for Forfar. The Earle of Northesk nominat preses.”

The Lords of his Majesties Privie Counsell, considering that sundrie of the commissioners of excyse and justices of peace within the shyre of Forfar ar deceased, and, leist his Majesties service might be retardit throw the want of fitt persons to supplie their places, they doe nominat and appoint the Earl of Southesk, the Lord Ogilwie, John Grahame of Claverhous… to be commissioners of excyse and justices of peace in the said shyre in place of these deceased…

Edinburgh, 23rd January 1671.

177. Bond of caution by James Ogilvie of Logie and Thomas Ogilvie of Channallie, each for the other, that they will not molest William Wilson at the Bridgend of Eairn, nor his household, etc., directly or indirectly, under the penalty of 3000 merks.

The bond, which was written by John Paip, servitor to Mr William Guthrie, W.S., is dated at Edinburgh, 23rd January 1671; witnesses, John Dundass of Wester Bondairge, and John Chalmeris, servitor to the said James Ogilvie.

Arbroath, 10th July 1671.

210. Bond of caution by John Mudie, flesher, burgess of Arbrothok, for John Davidstone, brabner, burgess there, to the same effect; with clause of registration.

The bond is written by Michael Benny, and dated as above; witnesses, Patrick Brokus, writer in Arbroth, and the said Michael Benny, William Butchart, cordiner, burgess there, and William Stevinsone and David Guthrie there. David Peirsone and John Dalgety, notaries public, sign on behalf of the said John Mudie, John Davidstone and William Stevensone, who cannot write. “Jo. Aikman” attests the sufficiency of the cautioner.

Edinburgh, 14th July 1671.

233. Bond of caution by James Carnegie, W.S., for Robert Carnegie of Newgait that neither he nor his wife, children, men, tenants and servants shall harm, molest or trouble John Aickman, provost, John Ramsay, bailie, and the rest of the magistrates of Aberbrothock, David Person, clerk, Andrew Wallace, deacon of the shoemakers, David Reid, George Strachan, John Hood and James Strachan, shoemakers, William Auchterlony, baker, Henry Black, deacon of the weavers, David Watson, Alexander Simsone, weavers, Alexander Pyot, deacon of the smiths, William Dall, gunsmith, John Caswall, saddler, Henry Anderson, indweller in Aberbrothock, William Buchart and Daniel Rind, officers, John Anderson, deacon of the tailors, David Espline, tailor, William Yong, button weaver, John Forrester, litster, John Ranie and John Mudie, fleshers, William Wishart, indweller in Aberbrothock, John Oliphant there, Mr John Auchterlony, son of the deceased John Auchterlony, sometime provost of the said burgh, John Reid and William Espline, merchants, Patrick Steven and William Espline, maltmen, James Hailles and James Garden, bakers, Lowpar, smith, James Jafferson, tailor, Thomas Reid, David Rany, William Rany, David and James Grant, shoemakers, James Davidstone and Alexander Mudie, weavers, James and Andrew Mudie, wrights, John and William Gutherie, glovers, and Mr James Frazer of Kirktoun, sometime town minister, all in Aberbrothock, nor their wives, children, men, tenants and servants, under the penalty of 3000 merks.

1671.

“A list of the justices of peace within the shereffdome of Aberdein.—Marq[uis of] Huntly, E[arl of] Erroll, E[arl of] Marshall, E[arl of] Marr, E[arl of] Dumfermleing, E[arl] of Aboyne, Viscount of Frendraught, Lo[rd] Pitsligo, Lo[rd] Fraser, Master of Forbes, Master of Saltoune.

For the Presbitrie of Turuff.— Bisset of Lesindrume, Sir Herie Guthrie of Collistone, Sir Alexander Forbes of Tolquhone, Meldrum of Hattoune…”

Edinburgh, 19th June 1673.

Charge to the sheriff of Aberdeen to transport William Ferguson, serjant, George Morison, Jon Peirie, William Gordon, Jon Cruikshank, James Guthrie and William Kennet, who are imprisoned in the tolbuith of the burgh of Aberdein for the slaughter of Andro Keith in Cairnbulg.

The Lords ordain them to be brought prisoners to the tolbuith of Edinburgh; and for that effect ordain the sherriff principall of Aberdein or his deputs with a sufficient guard to convey the saids prisoners to the nixt sherriff upon the road to Edinburgh, and so furth to be transported sufficiently guardit from sherriff to sherriff untill they be delyvered to the magistratts of Edinburgh, who are hereby ordered to receave and keep them in sure firmance untill they be brought to justice.

Protections are likewise granted to Gideon and Henry Guthrie of Halkartoune, Thomas Meldrum of Strocharie, Hugh St. Clair of Binnie, and Thomas Boyd of Penkill, elder, till 1st June next.

Edinburgh, 3rd August 1676.

The Lords grant protection to the following persons, according to their respective petitions, till 10th November next, viz. Sir James Keith of Powburne, Sir Robert Murray alias Creichtoune, William Fullartoune of that Ilk, the Master of Mordingtoun, John Hay of Baro, Ralph Dundas of that Ilk, James Hamiltoun of Manor Elleistoun, Robert Grahame of Morphie, John Grahame of Fintry, Sir Mungo Murray, Alexander Home of Mandersone, nephew to Sir Alexander Home, deceased, Sir William Kerr, Director of Chancery, Gideon and Henry Guthrie of Halkertoune, Mr Robert Hay of Dronlaw, John Maxwell, merchant in Paisley, Mr James Windrame, advocate, Archibald Dowglas of Lummisdean, Sir William Ruthvein of Dunglas, Francis Semple of Beltrees, David Strachan, son of the Tutor of Thorntoune, now residenter in Leith, Agnes Rowe, Lady Mouswald, Hugh Sinclair of Binnie, Thomas Boyd, elder of Penkill, Sir John Whytfoord of Milntoune, George Shaw of Sauchie, Walter Innes of Skaill, Captain Arnot of Capledrae, and Thomas Meldrum of Strocharie.

Edinburgh, 12th October 1676.

Declaration that the protections granted to Gideon and Henry Guthrie are not to extend to the delivery of writs.

The Lords, having considered a petition by Alexander Sibald of Kare, Anna Dowglas, his mother, and Mr Robert Dowglas, Dean of Hamiltoun, his overseer, “representing that no messengers will execute letters of caption against Gideon and Hendry Guthries of Halkartoun upon pretext of a protection procured by them from the Councill for civill debits, albeit the caption raised at their instance be only for exhibition of wryttes and evidents,” they declare that the protection formerly granted by them to the said Gideon Guthrie is not to be extended against the delivery of writs, and that the petitioner may proceed to use further personal execution against the said Henry for exhibition and delivery of writs notwithstanding of the said protection.

Edinburgh, 16th November 1676.

At the instance of the King’s Advocate, Sir John Nisbet, proceedings were taken against Bessie Muir, relict of Mr Alexander Dunlop, and others “for being at a conventicle keeped in the house of Mrs. Margaret Hadden”, at which Mr Patrick Anderson preached on 5 November.

Margaret Hadden and Bessie Muir, refusing to depone, were ordered “to continow in prison until they find caution”, each under a penalty of 1,000 merks, to leave Edinburgh before 1 January next and not come within six miles thereof without permission.

Edinburgh, 16th November 1676.

Remission of similar fine in the case of George Guthrie in Prestwick and others.

Supplication by George Gotrey in Prestwick, John Gotrey, his son, Alexander Gotrey there, and David Neill there, as follows:—

They are fined by the commissioners of Council on their own confession in £100 Scots, because “each of them had a horse carrying a boll of meall from William Seller at Trune his house to Prestwick,” and they offered to depone that they knew not the meal was imported from Ireland, and at that time “the petitioners and their neighbours were in hazard to starve for want of bread when the said William Seller offered them the said meall upon trust to be distribut amongst the poor inhabitants, which they accordingly did…”

They crave a remission. The Lords, considering this petition, and a report of their committee, do, in respect of the petitioners’ known poverty, remit the fine of £100 Scots imposed on them.

Edinburgh, 4th April 1677.

Protections are granted to the persons following, until 1st June next:—

Thomas Boyd of Pinkill, Peter Maill, merchant burgess of Edinburgh, James Johnstoune of Corhead, Andrew Skein, factor at Campheir, Gideon and Henry Guthrie of Halcartoune, Mr Robert Hay of Dronlaw, Hugh Sinclair of Bining, Sir James Keith, Mr James Wynrahame, advocate, William Johnstoune of Wamphray, Sir William Ruthven of Dunglass, John Maxwell, merchant in Paisley, John Slusch, confitmaker, and burgess of Edinburgh, Robert Grahame of Morphie, and George Craw of Easter stream; as also to David Sinclair of Rysay and Samuel Meikle, “grave of the Mint,” till 1st July next.

Edinburgh, 5th July 1677.

Complaint by Sir John Nisbet of Dirletoune, King’s Advocate, against Alexander Stewart and others, brewers in the shire of Forfar and burgh of Montrose, including Patrick Guthrie, for contravening the Act regulating the prices of ale and drinking bear.

The complaint states that while the best rough bear was at £6 the boll, well below £8, at which price the pint of ale and bear should be sold at 12d. plus 2d. excise, the accused brewers have been selling ale and bear of insufficient strength and at higher prices than allowed. They are also accused of producing unwholesome ale that could cause disease.

Upon the confession of Alexander Stewart and Alexander Neilson that they bought bear below £7 and yet exacted above 12d. the pint, the Lords fine Alexander Stewart in 200 merks and Alexander Neilson in 100 merks. The rest are put to the horn.

Edinburgh, 17th November 1676.

No. 30. Bond by Margaret Hadden, widow of Mr John Guthrie, indweller in Edinburgh, at present prisoner in the tolbooth of Edinburgh, as principal, with Robert Cuninghame, apothecary, burgess of Edinburgh, as cautioner for her, that between this and 1st January next she will remove out of Edinburgh and not come within six miles thereof under a penalty of 1000 merks, in accordance with the Council’s act of 16th instant; with clauses of relief and registration.

The bond is written by George Rae, servitor to Hugh Stevensone, writer in Edinburgh, and dated at Edinburgh; witnesses, Patrick Vause, keeper of the tolbooth of Edinburgh, James Lockhart, merchant there, indweller at Leith, Archibald Mure, merchant in Edinburgh, and the said George Rae.

Peebles, 22nd March 1678.

No. 122. Bond in similar terms, by William Horsbrugh of that Ilk, sheriff depute of Tueeddale, Gavin Thomson, provost of Peebles, William Plenderleith, bailie there, and a large number of other burgesses and inhabitants of Peebles, including John Guthrie, that they will keep the peace and observe the laws.

The bond is dated at Peebles, 22nd March 1678; witnesses, Walter Scott, commissary depute of Tueeddale, Mr Theodore Hay, vicar of Peebles, Alexander Veitch, sheriff officer there, and James Tueddie, writer in Edinburgh.

Signatures follow, and in addition those of James Sheill and John Hecfur. All those named from William Cranston to the end of the list sign by the aid of John Lowes and William Williamsone, notaries public.

Holyrood House, 12th July 1678.

Memorandum, to wryt a warrand to transport Ninian Tait, aprentice to Robert Walker, wheillwright in Leith, to the tolbooth of Edinburgh.

“Wm Guthrie.” “Kincowsie and Hary Dove.” Also some figures.

“Forasmuch as the Lords of his Majesties Privy Councell, understanding that many of the justices of peace of the shire of Aberdeen are deceassed and others through inability and removeall out of the said shire cannot attend his Majesties service therein, have thought fitt for supplying thereof hereby to nominate and appoint Alexander Irving of Drum; John Skeen of that Ilk; Mr Alexander Menzies of Kinmundie; Mr Alexander Patone of Kinnadie; Alexander Cumine of Culters; George Skeen of Fintray; Sir John Forbes of Craigivar; James Gordon, younger of Lesmoir; James Gordon of Terpersie; Patrick Lesley of Kincraigie; William Forbes of Camphill; Alexander Ferquharson of Innercald; Alexander Burnet of Craigmyle; Alexander Forbes of Balogie; . . . Ross of Auchlessan; . . . Dewgat of Auchinhove; Adam Urquhart of Meldrum; John Forbes of Leslie; Sir John Forbes of Monymusk; Alexander Bannerman of Elsick; William Erskin of Pitodrie; John Elphingstoun, younger of Glack; John Lesley of Auchorsk; Sir Hary Guthrie of Kingedward; Sir Patrick Ogilvie of Boyn; George Morieson of Bogney; Walter Forbes of Blacktoune; William Thores of Muresk; Sir William Keith of Ludquhairne; . . . Gordon of Pitlurg; Thomas Frazer of Streechen; James Baird, younger of Auchmedden; George Keith of Knock; Mr Alexander Hay of Blairmormonth; Sir George Gordon of Haddo; Alexander Udney of that Ilk; Sir Richard Maitland of Pitreitchie; Mr Alexander Forbes of Airdo; James Keith of Tilligonie; Robert Udney of Auchterallane; Patrick Dune of Taartie; David Tyrie of Collothie; Sir William Gordon, elder of Lesmoir; . . . Gordon of Cocklarachy; . . . Gordon of Artloch, and Gordon of Knockaskpick, baillies to the Marques of Huntly; William Forbes of Skellator, baillie to the Earle of Mar; . . . Cuming and . . . Lindsay, baillies to the Earle of Erroll; John Hamptoun, Andrew Withen and Andrew Hay, baillies to the Earle of Marischall; Adam Pittendreich, William Logie and John Tulloch, bailzies to the Earle of Kintore; William Dumbar of Perthnick, bailie to the Earle of Dumfermline; James Innes of Drumgask, baile to the Earle of Aboyne; . . . Dalgarno and . . . Mitchell, baillies to the Lord Forbes; William Forbes of Auchlin, bailie to the Lord Pitsligo, and John Midletoun, bailie to the Lord and Master of Saltoun, to be justices of peace in the said shire of Aberdeen, with power to them to sitt, vote and act als fully and freely as any other justices of peace of the said shire have done or may doe; and appoints them to be admitted and received in the usuall and accustomed manner.”

Supplication by Christian, Viscountess of Frendraught, as follows:—She has been very careful to get her son, the Viscount, bred Protestant, because all the rest of the family are popish, which may very much influence that corner of the country; yet her design is like to be frustrated if Lues Crichtone, uncle to the said Viscount, a declared and bigoted papist, whose name is given up as such by the Bishop of Murray to the Council, is allowed to continue tutor. And, since by act 5, Parl. 1. of K. James VI., and act 71, Parl. 6 of K. James VI., and act 1, Parl. 16 of K. James VI., no papist can enjoy any trust or employment, especially relating to the education of youth and patronage of kirks, in which religion is more immediately concerned, she craves that the said Lues Crichtone may be declared incapable of being tutor in law to the said Viscount, or of presenting to any patronage belonging to him, which will greatly encourage the orthodox clergy in that country, and that upon his removal the Council, as representing his Majesty (who is universal tutor to all his subjects and Pater patriæ), will nominate “such of the said Viscount his nearest Protestant friends contained in the list produced to be tutors to him ad negotia as the Councill shall think fitt,” and discharge the Bishop of Aberdeen from granting collation upon any presentation subscribed by the said Luis.

The Lords authorise and appoint William, Lord Forbes, John, Lord Elphingstoune, William, Master of Forbes, Sir William Gordon, elder, of Lismore, James Gordon, younger thereof, Adam Urquhart of Meldrum, and Henry Guthery of Kingedward, or any three of them, with advice of the Bishop of Aberdeen, to take care of the education of the Viscount of Frendraught both as to the place and manner thereof; and they forbear to give answer to the other desire of the petition anent the presentation, in regard that point is already determined by the Lords of Session.

Complaint by his Majesty’s Advocate, and by James Justice of Easter Crichtone, as follows:—In contravention of the prohibition issued by their Lordships on 18th December last to Adam Hepburne of Humbie regarding the breaking up of the complainer’s piece of ground in front of his house, the said Adam has so far vilipended the said act as that on 11th March instant he came with Mr John Guthery, writer in Edinburgh, and divers others his tenants, colliers and servants, to the said green, and ploughed up the same, and, on William Whigham and Janet Blair, spouse to Thomas Thomson, the complainer’s servants, endeavouring to make civil interruption, he threatened to run them through with a sword.

The said Adam Hepburne and Mr John Guthery ought therefore to replace the turf and pay the damage sustained by the pursuer amounting to 2000 merks. Charge having been given to them, and both parties compearing personally, the Lords find the defender guilty of contempt of the Council’s sentence in ploughing up the said green, and ordain him to crave the Council’s pardon therefor (which he did accordingly), and they supersede to determine anent the pursuer’s damage until the point of right is discussed by the judge ordinary.

Complaint by [blank], Lord Bruntisland, Anna Aitoun, Lady Bogie, and James Weemes, her spouse, for his interest, as follows:—The said Lord Bruntisland and Lady Bogie being in peaceable possession of the manor-place of Bogie, houses, parks and meadows thereof, corn, cattle, plenishing and others, true it is that on 1st October last, or thereabout, William Strauchane, indweller in Leith, accompanied by James Guthery, John William Williamson and William Strauchan, messengers, and others, came to the manor-place of Bogie under pretence of executing letters of poinding against the said James Weemes, although he had obtained a suspension against all his creditors, William Strachan being therein particularly named, and there seized and drove and took away the corn, cattle and other goods in and about the said place, parks and meadows, conform to an inventory produced, and also broke open the doors of the dwelling-house of Bogie and removed therefrom the whole furniture and plenishing, as contained in another inventory produced, although Henry Landells, Strachan and John Willson, servitor to Lord Bruntisland, did at that time declare that his (sic) master was tacksman of the said house and lands and that the whole furnishing and goods and corn and cattle belonged to him, and produced the said tack and an acknowledgment signed by the said James Weemes and Anna Aitoun, dated several months before, that they brooked the said house, lands, plenishing and cattle by tolerance from the deceased Earl of Weems and now from Lord Bruntisland, and that the same did not belong to them but they had only the use thereof;

and the said persons allowed their rudeness and barbarity to proceed so far that they beat and wounded the said Lady Bogie by violently throwing her to the ground, tearing her clothes and pulling from her bosom a little casket or box wherein were her rings and jewels, and took from her pockets her purse and pursepennies, she declaring that these were her own proper goods and the ornaments of her body. They ought therefore to be decerned to restore the said property, or the value thereof, being 2000 merks, with 500 merks of damages, and the messengers ought to be deprived of office.

Complaint is also made by Sir George M‘Kenzie of Rosehaugh, knight, his Majesty’s Advocate, and by William Strachan, indweller in Leith, and James Guthery, messenger in Edinburgh, as follows:—The convocation of the lieges to deforce his Majesty’s officers and messengers-at-arms is a heinous offence, yet, whereas the deceased [blank] Weemes of Bogie and James Weemes of Balfarge were debtors to the said William Strachan by bonds for 2000 merks of principal, and the said William having raised horning and poinding for payment of the same with the annualrents, and having employed the said James Guthery, messenger, who on 4th October last went to the lands of Bogie possessed by the said James Weems and his lady, and at the desire of the said James Weemes and upon his faithful promise to give satisfaction by security or payment having procured a delay to him for two days, and the said James Guthery having written to the said James Weemes for performance of his promise and received only a defiant letter for answer, and so going to the ground of the said lands to do his duty,

true it is that there were there convocated at the direction of the said James Weems, John Weemes, his brother german, David Moreis, coalgrieve in Bogie, John and Andrew Broune, colliers there, John Baines there, John Wilson there, Walter Goodwillie in Burtrebush, Robert Dalrymple, tailor in Milnetoune of Stark, his own servant, and several others to the number of fourscore, who were all armed, and who violently opposed and deforced the said messenger and threatened him and beat and abused him, “and vilipendingly said they cared not for the King’s lawes and would by strong hand detaine the goods,” and not only provoked him to fight them but swore that, if he and his assistants had been there the day before, they would have seen his heart’s blood.

Yet the said James Weems and Anna Aitoun, his lady, have had the confidence to palliate their crime and raise action against the complainers and others as if they had been guilty of gross riot in executing the said letters.

Charge having been given by parties hinc inde to each other, and both parties compearing personally on 18th November instant, when witnesses were received, and this day the complaints being also called, the Lords, upon the depositions of witnesses on both sides, find the libel at the instance of the Lord Bruntisland, the Lady Bogie and her husband, sufficiently proven against the said William Strachan and James Guthery, who are thereby found guilty of a riot, and they therefore ordain the said William to deliver back to the said Lady Bogie her jewels, rings and other personal property unwarrantably poinded by him, and to deliver to the Lord Bruntisland the rest of the goods, he making faith that these goods did properly belong to him, and they further fine the said William Strachan in 300 merks to be paid to the said Lady Bogie as expenses of plea, and to enter prison in the tolbooth of Edinburgh until he make payment and perform the rest of the sentence.

They also ordain James Guthery, messenger, to remain in the said tolbooth during the Council’s pleasure. They assoilzie the said Lady Bogie and other defenders from the complaint made against them; and grant letters of horning on a charge of 48 hours in respect of the premises.

9th August 1679.

67. Bond by Robert M‘Milland in Dalry parish, apprehended for being in the late rebellion, and liberated in pursuance of his Majesty’s command, that hereafter he will not rise in arms against authority. Dated at Drumfreis, 9th August, 1679; witnesses, Robert Guthrie, writer in Drumfreis, William Edgar, writer there, and John Sharp, sheriff clerk of Drumfreis.

116. Copy of the Test (also on vellum) subscribed by the Writers to the Signet. (Signed) William Sharp; Jo. Cunynghame; Ja. Cheyne; H. Patersone, as Keeper of the Signet; W. Thomsone; Johne Alexander; J. Muire; Ed. Wallace, wrytter to his Majesties signet and nottar; Ja. Carnegie; Ja. Winram, wryter to the signet; Jo. Lutfutt; Will. Forrester, wryter to the signet; Tho. Gordone; G. M‘Kenzie; Ja. Hamiltone, wryter and nottar; Alex^r Ord; Lau. Oliphant, as writter to the signet, nottar publict and clerk to the admission of nottars; Ro. Burnett; Tho. Aikman, wrytter and agent; J. Keith, writer to the signet and nottar; Ja. Charteris; Wa. Stewart; John Alexander; Jo. Lyone, wreiter to the signet; Pet. Arbuthnet; R. Watsone, writer to the signet and notar; Ro^t Richardsone, writer to the signet and notar; Jo. Grahame; An. Acheson; J. Watson, agent; G. Colquhoune; J. Hay, as writer to the signet and keeper of the registre of seasins in Fyffe; N. Hardie; A. Home, wryter to the signet and nottar publict; Al^r Chaplane; Joⁿ Hamilton; Wm. Stirling; Jo. Sempill; Wil. Cheislie, writer to the signet and notar; Geo. Dallas, as wryter, keeper of the privie seale and nottar; Rob. Innes, as writer, nottar and deput to the writer to the privie seale; Will. Innes, as wreitter to the signet; Wil. Russell, as wreitter to the signet and notar; W. Thomsone, as writer to the signet and notar; Ja. Elphinstone, as writer to the signet and notar; Jo. Campbell, wryter to the signet, deput clerke in the Chancellarie office and nottar publict; Hen. Grahame, wryter to the signet and notar; J. Douglas, writer to the Privie Seall;

H. Patersone, as wreater and notar; Ro^t Bell; Hew Wallace; Ja. Peter; Alex^r Aikinhead; John Knox, wrytter to the signet; Ja. Johnston, wryter to the signet and notar publict; Ja. Weir, writtar to the signet; R. Young, noter in Berwickshyre, keeper of the registre [of seasines] of Berwick and clerk to the commissariot; M^r Da. Watson, wrytter to his Majesties signet and notar publict; H. Kane, wryter to his Majesties signett and nottar publict; A. Young; Ja. Henrysone; An. Baillie; Ro. Hay; Ja. Cuninghame; Will. Pantoun; Jo. Marschell; J. M‘Farlane; J. Scott; Ro. Keill; Wm Paton, wryter to the signet and notar; Da. Lyon, wryter to his Majesties signet; T. Williamsone; Jo. Robertoune, shereff clerk of Lanerk; Jo. Cuninghame, writer to the signet; H. Patersone, younger, as wryter to his Majesties signet; Wm. Hoge; J. Nicoll; A. Dunbar; Wm. Laing, agent; Jo. Frank, wryter to his Majesties signet; W(?) Aikman; Joⁿ Hamilton, wryter to the signet, and notar; Ro^t Hamilton, agent; G. Drummond, notar, agent; Wm Calderwood, agent and notar; Will. Watsone, agent; Jo. Clark, agent and nottar; John Jaffrey, agent and notar; J. Home, notar and wryter in M^r Ja. Dalrymples chamber; Tho. Fender, agent and notar; Da. Cairnes, agent and nottar; Pat. Williamsone, agent; Will. Fischer, notter; W. Govane, herald and notter; Robert Carstairs, nottar and agent; H. Bousie, agent and wryter; Ja. Nicoll, nottar and agent; Jo. Rae, younger, notar and wryter; Dav. Mayne, wryter and agent; Alex^r Edward, agent; P. Mowbray, nottar, wrytter; Ro^t Kennedy; H. Patersone, younger, nottar, agent and wryter, and als as deputt to M^r James Douglass, wryter to the privie seall; Robert Hume; Ja. Baird; Pa. Anthon, nottar publict and agent; Ja. Murray, nottar and agent; J. Arnott, keeper of the register of seasines of Perthschyre; Jo. Bayne, shereff clerk of Berwickshyre and nottare publict; Wm Gordoune; J. Craigie; James Rollo; A. Gray, nottar; A. Stewart; Geo. Adamson, notar and agent; John Knox, nottar and agent; J. Strachan, agent; Da. French, nottar and agent; Will. Wilson, nottar and agent and servant to Sir Alexander Gibsone; J. Nicoll, nottar and agent; Ja. Hay, servant to M^r David Cunynghame, advocat and wryter and agent; G. Nicolson, nottar and writer; J. Lausone; Archibald Kerr, writter; Ro. Mylne, notar, wryter; R. Maitland, writer in the Chancellarie; Ja. Winrame, notar, agent and wryter; Wm Robertson, nottar and agent; M^r Charles Ross, wryter and agent; W. Wallace, agent; W. Haly, nottar and agent; Pat. Cunynghame, agent; Jo. Monro, wreiter to the signet; E. Snow, factor and agent; A. Robertson, advocats servand; Jo. Morisone, advocats servant and adjuent; T. Hamilton, advocats servant; G. Mackie, advocats servand and agent; Jo. Broun, notar and writer in the Chancellary office; J. Park, nottar; A. Drummond; Jo. Guthrie, wryter and agent; M^r Chas. Sinclair, notar and agent; Ard. Nisbet, wryter and notar; Jo. Johnstoune, agent; Hen. Reid, notar and writer;

Ro. Urquhart, wreater and agent; Alex^r Gray, notar public; Hen. Lyon, notar publick; Joⁿ Smart, as nottar; Tho. Borthwick, notar public; Will. Duntrip (Bouldkip?); Alex^r Traill, notar; J. Halyburtoun, notar; Alex^r Lockhart, notar; Ja. Lausone, nottar and agent; W. Kilgour, N.P.; Hugh Durie, notarius; M. Murray, writter and nottare and agent; William Forbes, wryter and agent; T. Williamsone, notar; Joⁿ Hug, notar; Jo. Ballerden; J. Davidsone, nottar and agent; J. Clerk, notar, agent; W. Maxwell, agent; Tho. Haliday, agent; John May, wryter and agent; H. Pearne (?), agent; Ja. Smyth, notar; M^r A. Balfoure, wreiter and agent; James Irving, notar, collector and writer; John Forrest, nottar; Mathew Murray, writer and agent; Fra. Guthrie, notar and keeper of the register of sasins, etc., of Forfar; Charles Hay, wryter and agent; A. Kellie, servitor to M^r Ro^t Stewart, junior, advocat; A. M‘Dermett, wryter and agent.

117. Copy (on vellum) of the Test subscribed by “Advocats servants and others imployed in wryteing and agenting.” (Signed) “Ro. Lauder, as agent for the good toun and notar publique; P. Johnstoune, agent; A. Docher, nottar, writer and agent; Ro^t Carnegie, nottar, writer and agent; J. Mansone, agent and writer; Pat. Syme, as nottar and wryter; A. Dunbar, writter and agent; R. Innes, writer and agent; An. Baillie, nottar and wryter; Wm Brown, as wryter and agent; Jo. Gourlay, notar and wryter; B. M‘Kenzie, advocat servant and agent; Ard. Kinloch, notar and wryter; Jo. Nasmith, servitor to Sir John Lauder, advocat; A. Logie, servitor to Master George Alexander, advocat; Tho. Brownlie, servitor to M^r Thomas Skein, advocat; W. Crawfurd; And. Cuning; Ad. Gordone; Will. Pettendreich; M. R . . . (torn); Jon Rodger, agent; Jo. Buchanan, agent; Wm Allane, wryter and agent; W. Lythgow, nottar and wryter in Sir James Dalrymples chamber; W(?) Wilson, wryter and agent; Arch. Black, wryter and agent; Tho. Clapertoun, advocats servant and agent; G. Abercrombie, notar and agent; J. Richardsone; Pa. Olyphant, writter and agent; Ja. Henrysone, wreter and notar; R. Colvill, wryter and agent; Da. Plenderleth, wryter and agent; Jo. Rutherfurd, servitor to Dewar; Alex^r Edgar, wryter and nottar; Jo. Somervell, wryter and nottar; D. Farmor, wryter in Edinburgh; Al. Forbes; Jo. Nisbit, wryter and nottar; J. Lowes, nottar; G. Keith, writer; Malc Alexander, notar; Alex^r Somervaill, wryter and nottar; D. Farmor, wreter in Edinburgh; Al. Forbes; Jo. Nisbit, wryter and nottar; J. Lowes, nottar; G. Keith, writer; Malc Alexander, notar; Alex^r Somervaill, wryter and nottar; D. Farmor, wreter in Edinburgh; Al. Forbes; Jo. Nisbit, wryter and nottar; J. Lowes, nottar; G. Keith, writer;

Malc Alexander, notar; Alex^r Somervaill, wryter and nottar; D. M‘Phersone, notar, and servitor to M^r Rorie M‘Kenzie; . . . . . . [in M^r Ro]rie M‘Kenzie’s [chamber]; Robert . . . . . . [in M^r James Dalrymples chamber] (two large holes occur here in the parchment); Jo. Murray, wreater in M^r Rodrik M‘Kenzies chalmer; J. Grant, writer, agent and clerks servant; Ja. Hamiltoun, wryter, agent and clerks servant; Jo. Hay, wryter in M^r James Dalrymple’s chamber; Da. Lyone, nottar and agent; Geo. Gollan, as agent and advocats servant; Jo. Monro, wreiter in the Cancellarie; Hu. Paipe, agent and advocats servant; Jo. Kemptie, nottar publick; Ja. Sinclair; Will. Eccles; Ard. Cowand, mess^r; Arch. Turnor, nottar; Ro. Newall, nottar; Jo. Morison, keeper of the Inner House rolls; D. Ross; A. Leslie, N.P.; W(?) Archibald; Al. Monro; Jo. Maxwell (?); Nicoll Somervill; Ja. Ogilvie, notar and agent; Robert Bartan, writer in Edinburgh, agent and notar; Ja. Binning, wryter; Jo. Burdon; Geo. Monro, clerk depute to the register of seasings; Jo. Dallas, as clerk to the registratione of benefices within this kingdome; Robert Kennedy; Ard. Stewart, notarius; Joannes Smyth, notarius; J. Measone, notarius publicus, and clerk to the regallitie off Culrois; Ja. Purves, servant to Sir Alex^r Gibson, clerk; Jo. Morisone, servant to M^r Roderick M‘Kenzie, clerk.”

118. “Extract of the Test sworne and subscryved be the Lord Lyon, his deputs, clerk, heraulds, pursivants and messengers, and given in the 16 of February, 1682.”—“Att Edinburgh, the seventh day of November j^mv^jc and eightie one years, the which day Sir Alexander Areskine of Cambo, knight and baronet, Lyon King of Armes, his deputs and his brethren heraulds and pursivants, clerk, fiscall and officer of court, being convened judiciallie with ane considerable number of messengers within the shirrefdome of Edinburgh and other shirrefdomes within this kingdome, did solemnlie take and subscryve the Test, conforme to the late act of Parliament and proclamation of his Majesties Privie Counsell following therupon made theranent, and, upon certain other dayes shortlie thereafter, the wholl remanent messengers within this kingdome, whose names are theirto subscryveing, did take and subscryve the samen Test conforme to the saids acts of Parliament and Privie Counsell.

[Here follows the Test itself.]

Sic subscribitur, Alex^r Areskin, Lyon; W. Thomsone, Lyon Deput; Rob. Innes, Lyon Deput; Ro. Smyth, Lyon clerk; Joseph Stacy, herauld; G. Porteous, herauld; W^m Glover, herauld; W^m Govan, herauld; Geo. Ogilvie, Albany herauld; Ja. Spens, pursivant; J. Dale, pursivant; J. Dunbar, pursevant; Pat. Wilson, pursevant; John Hog, pursevant; W^m Kilgour, fiscall and mess^r;

W. Robertson, officer and mess^r; G. Lumsden, mess^r; W. Hume, mess^r; Ja. Ainslie; W. Ainslie; Jo. Burne; Jo. Gourlay; James Guthrie, mess^r; Jo. M‘Kenzie; Ro. Wallace, mess^r; John Don, mess^r; William Cochburne; D. Cameron; J. Campbell; W^m Ewing; H. Mader; Pat. Anderson; Doug. M‘Alaster; H. Trotter; Gilbert Mair; Alex^r Barbour; Hugh Scott; Ja. Syme; James Patersone; W. Strachan; Alex^r Kerr; Alex^r Caithnes; R. Heart; Tho. Hog; Ja. Henrysone; James Cleland; John Lennox; Tho. M‘Brair; W. Reid; Jo. Pollock; Jo. Haggart; Ma. M‘Cleish; Ja. Pringle; Fr. Armstrong; Will. Whyte; Will. Laurie; Ro. Morvin; Jo. Leper; Sam. Paterson; William Ancrum; A. Thrupe; Ro. King; Jo. Watson; An. Malloch; W^m M‘Krinkine; Ja. Fleeming, mess^r; Ro. Wilsone; Jo. Richardson; Francis Doig; Jo. Dick; J. Lowes; And. Sym; Cha. Merser; Jo. Archibald; Jo. Duff; A. Pickman; A. George; Alex^r Spens; Jo. Leckie; Ro. Sommervaill; Jeremie Cowper; Da. Elliot; Jo. Moscrop; Jon Milne; Ja. Maitland; W. Graham; W^m Dowglas; Fergus Wallace; Da. Allan; Tho. Wilson; Ro. Leidhouse; W^m Hastie; T. Fraser; Ro. Greive; W. Gladstones; Alex^r Waldrope; William Smyth; John Rayning; Tho. Ramsay; J. Mitchelsone; An. Maden; Ja. Reoch; Ro. Listoun; Ja. Auchinleck; Adam M‘Cubie, mess^r; Geo. Lumsden; Ro. M‘Brair, mess^r; Geo. Watson, mess^r; Ja. Fergusson, mess^r; Jo. Finlasone; He. Cunynghame, mess^r; W. Ritchardsone; Tho. Niesmyth; John Marshell; W. Drummond; W. Strachan; G. Bruce; An. Chrystie; Ste. Smyth; Al. Gilchryst; John Barr; J. Williamson; Michael Benny; Da. Williamsone; W. Smyth; M. Hendersone; Tho. Jack; Da. Plenderlaith; J. Renkine; John Johnstoune; Jo. Clerk; Andrew Thomas; J. Presho; Da. Black; D. Erskine; Robert Cunynghame; Andrew Cay; J. Phenisone; Da. Veitch; G. Stewart; Ja. Paull; A. Keill; An. Jamesone; W^m Wood; Jo. Murray; Al. Mushett; Pa. Reid; R. Syme; N. Laying; T. Buchanan; Patt. Cockburne; Ninian Gelly; Ro. Cathro; Patrick M‘Ilroy; Donald M‘Bayne; A. M‘Bain; J. Monro; James Mudly; J. Mann; Geo. Clessone; Tho. Forbes; Rob. Andersone; Ja. Lauderdale; Thomas Johnstoune; J. Dickie, younger; Ja. Patoun; J. Carmichaell; Ja. Smyth; John Hope; A. Ferquhar; Ch. Manson; James Troup; Ro. Scott; J. Petrie; G. Troup; Tho. Law; Ro. Stewart; A. Ross; John Tulloch; Alex^r Patersone; G. Charteris; Tho. Corbie; W^m Dowall; George Ross; A. Ion; Francis Stewart; Ro. Robertson; W. Davidsone; J. Campbell; [Jame]s Browne; Jo. George; Jo. Strachan; John Elliot; John Wilsone; W. M‘Kinley; W. Connan; Wil. Harvy; Tho. [Scott]; G. Onnand; Tho. Urquhart; Al. Dunbar; John Blackwood; A. Buchan.

Extracted furth of the records of this Lyon Office by me, Ro. Smith, Lyon Clerk.”

147. Copy of Summons at the instance of Arthur, Archbishop of Glasgow and Chancellor of the College thereof, against the Rector, Principal, Dean of Faculty and some regents thereof as narrated ante, p. 335. They are to compear before the Council on the 9th February. There is a note at the foot of the execution of this summons against M^r James Young by M^r James Guthrie, messenger.

148. Another copy of the same Summons with note of execution thereof at the foot by James Guthrie against M^r Mathew Brisbane, doctor of medicine.

188. “Edinburgh, the twenty fourth day of February, 1682. The whilk day the Lords of Councell and Sessioun having conforme to the act of Parliament ordained a report to be givin in to his Majesties Privy Councell under the hand of the Clerk of Register concerning their takeing the oath or Test appointed by the said act, and their administering of the same to the rest of the members of the Colledge of Justice within the tyme prescryved therby, together with extracts of the Test taken by the saids Lords and of the Test taken by the remanent members of the Colledge of Justice, bearing the names of these who tooke and subscryved the same; followes the tennour of the Test taken befor the first of January last, 1682, by the advocats, clerks, wrytters to the signet and maissers, being administered to them by the Lord President in presence of the whole Lords; and by the servants of advocats and clerks, nottars and uther persones depending on the Colledge of Justice, imployed in wryting or agenting, some of them befor the whole Lords, and others befor two of the Lords impowered by the rest to that effect, who did all swear the said Test upon their knees, repeating and pronouncing the whole words therof as is appointed by the act of his Majesties Privy Councell, and did lykewayes subscryve the same.”

[Here follow the words of the Test.]

“Subscryved by the advocats efternamed, viz., Sir George M‘Kenzie, his Majesties Advocate, Sir John Maitland, Sir William Purves, Sir William Patersone, M^r David Thoirs, M^r Alexander Bernie, M^r John Gordoune, M^r James Grant, M^r Alexander Dunlope, Sir Patrik Lyon, M^r William Aikman, James Grahame, M^r Colline M‘Kenzie, M^r James Falconer, Sir George Lockhart, M^r James Huntar, M^r William Beaton, James Balfour, M^r Robert Buchanan, M^r Robert Deans, M^r John Menzies, M^r Thomas Skeen, M^r George Alexander, Sir John Dalrymple, M^r William Fletcher, John Hay, M^r Alexander Malcome, M^r Michaell Lumsdaine, M^r Charles Gray, M^r Patrik Home, M^r David Forbes, M^r James Birbaine, M^r James Deans, M^r Robert Colt, M^r William Clerk, M^r Andrew Burnet, Sir John Lauder, M^r William Monypenny, M^r David Dinmure, M^r Thomas Lermont, M^r Richart Dowglas, Mark Lermont, M^r Robert Stewart, M^r Robert Mayne, M^r John Wishart, M^r David Cuninghame, M^r George Niccolsone, M^r John Stewart, M^r George Bannerman, M^r Patrik Lyon, M^r Patrik Smyth, M^r James Boyes, M^r William Gordoun, M^r John Fergusone, M^r William Hoge, M^r James Anstruther, M^r William Moir, M^r Edward Wright, M^r David Dewar, M^r Robert Stewart, younger, Walter Pringle, M^r James Alexander, M^r Archbald Hope, M^r Arthur Hamiltoune, M^r Nathaniell Fyfe, Sir William Wallace, John Lindsay, M^r Hugh Dalrymple, M^r William Baillzie, M^r John M‘Kenzie, Sir William Baird, M^r James Cheape, and M^r George Dickson.

Subscryved by the clerks efternamed, viz., Sir Alexander Gibsone, M^r Roderick M‘Kenzie, and M^r James Dalrymple, Clerks of the Sessioune, Charles Oliphant, John Hay, Alexander Gibsone, Alexander Monro, Adam Chrystie, and M^r Duncan Forbes, under-clerks; Sir William Bruce, Clerk to the Bills, James Anstruther, Clerk to the Bills, in whose favours Sir William Bruce demitted, Walter Riddell, deput under the Clerk of the Bills, James Nicolson and M^r Henry Oliphant, servants in the Bill Chamber; Sir John Foulls, Clerk to the Generall Register of Seasings; George Robertson, Clerk to the Generall Register of Hornings; Sir William Ker, Director of the Chancellary; Franceis Scott, keeper of the minut-book.

Subscryved by the maissers following, Alexander Maitland, Alexander Hamiltoun, Adam Cuninghame, John Wauchop and Charles Maitland, who was admitted conjunct with his father.

Subscryved by Sir William Sharpe, keeper of the Signet under the Lord Secretary, and by the wryters to the signet efternamed, viz., M^r James Cheyne, John Cuninghame, John Muir, John Alexander, elder, M^r William Thomson, elder, Walter Stewart, John Alexander, younger, James Carnagie, James Charteris, John Luitfoot, Robert Burnet, M^r Thomas Gordoune, Alexander Ord, George M‘Kenzie, M^r Petter Arbuthnet, Laurence Oliphant, Robert Watsone, Andrew Atchesone, James Hay, Nicoll Hardie, Alexander Chaplaine, John Hamiltoun, younger, M^r William Stirling, M^r John Sempill, M^r David Watsone, Andrew Young, M^r James Cuninghame, James Allane, Robert Hay, William Panton, William Paton, John Marishall, John M‘Farlane, James Scott, Robert Kyle, M^r James Elphingstoun, John Campbell, Henry Grahame, Hugh Patersone, Robert Bell, Hugh Wallace, George Colquhoune, James Petter, Alexander Aikinhead, James Johnstoune, M^r James Weir, M^r James Keith, George Dallas, M^r Robert Innes, M^r William Innes, William Russell, M^r William Thomson, younger, and M^r James Dowglas, wryter to the privy seall.

Subscryved by the advocats servants, clerks servants, nottars and persones imployed in wryting and agenting as followes, viz., James Rollo, M^r James Craigie, William Gordoun, Alexander Stewart, George Adamsone, John Strachan and David French, persones imployed in wryting and agenting, Henry Nicoll and William Wilson, nottars, Gilbert Nicolson, servitor to Sir William Sharp in the signet office, and Alexander Lawsone, servitor to Sir John Foulls in the office of the generall register of seasings, William Layng and Robert Hamiltoune, imployed in agenting, George Drumond, nottar and agent, William Calderwood, nottar and agent, William Watson, agent, John Clerk and John Jaffray, nottars and agents, James Home, nottar, Thomas Fendar, nottar and agent, David Cairnes, nottar and agent, Patrick Williamson, agent, William Fisher, nottar, William Govane, herauld and nottar, Robert Carstairs, nottar and agent, Henry Bowssie, agent, James Nicoll, nottar and agent, M^r Charles Ross, wryter, James Winrahame, nottar, William Robertson, nottar, Egertoun Snow, and M^r Patrik Cuninghame, agents, Archbald Robertson, servant to M^r William Monypenny, advocate, William Haly, nottar, George M‘Kie, agent, John Morison, ane advocats servant, Thomas Hamiltoun, ane advocats servant, John Broun, nottar and wryter in the Chancellary chamber, M^r David Mayne, agent, John Rae and M^r Alexander Edward, wrytters in M^r Roderik M‘Kenzies chamber, Hugh Paterson, younger, nottar, M^r Patrick Mowbray, nottar, Robert Kennedy, wrytter, Alexander Gray and Henry Lyon, nottars, John Smart, [blank], Thomas Borthwick, [blank], William Doull, [blank], M^r James Lawsone, [blank], Alexander Traill, nottar, Robert Home and James Baird, agents, James Halyburtoune, nottar, Patrik Anthon, nottar and agent, M^r Hugh Durry and Alexander Lockhart, nottars, John Ballendaine, keeper of the advocats barn, M^r William Forbes, imployed in agenting, John Hoge, Thomas Williamsone, James and William Murrayes and William Kilgour, nottars, M^r John Guthrie, wryter and agent, John Watson, agent, James Park, James Davidsone, and John Clerk, nottars, William Maxwell, agent, Thomas Haliday and John May, wrytters and agents, Robert Mill, nottar, William Wallace, wrytter and agent, M^r Charles Sinclair and Henry Reid, nottars, John Johnstoun, ane advocats servant, Archibald Ker, wrytter, Alexander Gray, nottar, M^r Robert Lauder, nottar and imployed in agenting, Patrik Johnstoun, agent, Alexander Docher, nottar and agent, Robert Carnegie, nottar and agent, James Manson, agent, Patrik Syme, nottar, M^r Alexander Dunmbar, agent, Robert Innes, agent, Andrew Baillie, nottar and wrytter, John Gowrlay, nottar, Bartholomew M‘Kaine, servitor to M^r Colline M‘Kenzie, advocate, Archibald Kinloch, nottar, John Naismyth, servitor to Sir John Lauder, advocate, Alexander Logie, servitor to M^r George Alexander, advocate, Thomas Brounlee, servitor to M^r Thomas Skeen, advocate, David Fairnie, agent, William Crawfoord, servitor to his Majesties Advocate, Andrew Cuning, servitor to M^r David Dinmure, advocate, Adam Gordoun, servitor to M^r David Thoirs, advocate, M^r William Pittindrich, agent, M^r Duncan Robertsone, wrytter, John Rodger, agent, Alexander Neilsone, servitor to M^r John Stewart, advocate, Thomas Clappertonne, servitor to M^r Thomas Leirmont, advocate, Archibald Black, servitor to M^r Richard Dowglas, advocate, William Lythgow, nottar and servant in M^r James Dalrymples chamber, William Allan, servitor to M^r Walter Pringle, advocate, Gilbert Abercrombie, nottar and agent, Patrik Oliphant, servant in M^r Roderik M‘Kenzies chamber, M^r John Richardson, agent, M^r James Henderson, nottar and wryter, Robert Colvill, agent, David Plenderleith, servant in M^r Roderik M‘Kenzies chamber, John Rutherfoord, servitor to M^r David Dewar, advocate, Alexander Edgar and John Somervaill, servants in M^r Roderik M‘Kenzies chamber, David Fermour, agent, M^r Alexander Forbes, servitor to Sir William Purves, M^r John Nisbet, wryter and nottar, John Lowis, nottar, George Keith, wryter, Malcome Alexander, nottar, Alexander Somervaill and William Fouller, servitors in Sir Alexander Gibsons chamber, James Aikinhead, wryter, John Arnot, keeper of the register of seasings in the shyre of Pearth, Robert Smyth, Lyon Clerk and nottar, David Forrester, nottar and keeper of the register of seasings in the shyre of Wigtoune, Andrew Syme, nottar in Aberdeen, Robert Somervaill, nottar in the shyre of Lanerk, William Wallace, nottar, Robert Ross, wrytter and agent, William Young, nottar and wryter, Robert Penman, wryter and agent, William Fullartoun, M^r Robert Swintoune, Alexander Dowglas, Robert Innes, John Trotter, James Law, and William Blaikwood, servants in Sir Alexander Gibsone, Clerk, his chamber, and William Hutcheson, servant in M^r James Dalrymple, Clerk, his chamber, M^r James Scott, sheriff clerk of Edinburgh and nottar, M^r James Lauder, sheriff clerk of Haddingtoune and nottar, John Walker, servitor to M^r Walter Pringle, advocate, and nottar, Robert Cuninghame, servitor to M^r James Dalrymple, clerk, William M‘Clellane, nottar and servant to M^r William M‘Culloch, advocate, George Scott, nottar and agent, Hugh Crawfoord, servitor to M^r James Grahame, advocate, M^r Franceis Naper, wrytter and agent, Edward Bryce, wryter and agent, Gilbert Gowrlay, nottar and agent, M^r Thomas Huntar, nottar and wryter, M^r James Forbes, Donald M‘Fearson, Alexander Wordie, and John Murray, servants in M^r Roderik M‘Kenzie, Clerk, his chamber, M^r John Dollas, John Murray, Robert Carstairs, John Grant, and James Hamiltoune, servants in M^r James Dalrymple, Clerk, his chamber, John Hay, servant in that chamber, James Mitchell, Robert Blair, and James Muir, servants in Sir Alexander Gibsone, Clerk, his chamber, Alexander Moir, servant in M^r James Dalrymple, Clerk, his chamber, Mathew Lindsay, servitor to M^r Alexander Dunlope, advocate, James Freiland, wryter and agent, William Crombie, sheriff clerk of Roxburgh and nottar and keeper of the register of seasings in the shyre of Selkirk, Robert Chisholme, sheriff clerk of Selkirk and nottar, Thomas Fraser, nottar in the shyre of Ross, John Hope, nottar in Peibles, Archbald Young, Colline Campbell, M^r Walter Gladstaines, toun clerk of Hawick and nottar, William Forrester, nottar and servant in Sir Alexander Gibson, Clerk, his chamber, Robert Laurie, nottar and agent, James Guthrie, nottar and wryter, M^r Charles Stewart, agent for the Duke of Lennox, Mathew Colvill, nottar and agent, William Strachane, nottar in the shyre of Kincardine, John Smyth, toun clerk of Hadingtoune and nottar, Robert Smyth, servant in Sir Alexander Gibson, Clerk, his chamber, M^r Andrew Hay, nottar and agent, M^r Patrick Falconer, nottar and wryter in Edinburgh, Alexander Stewart, nottar and agent, Andrew Young, nottar in Hadingtoune, George Kilgowr, nottar in Aberdeen, M^r James Hamiltoun, wryter and agent, Patrik Young, nottar in Hadingtoune, James Inglis, wrytter in Dowglas, John Weild, nottar in Coldingham, William Williamson, nottar in Peibles, Andrew Sympsone, nottar and toun clerk of Anstruther, John Hutton, nottar, and toun clerk of Queensferry, John Hepburne, nottar, and toun clerk of North Berwick, John Baine, shireff clerk of the shyre of Berwick and nottar, Robert Young, keeper of the register of seasings of the said shyre and nottar, Thomas Walkar, nottar in Dumbartoune, Andrew Crawfoord, nottar in Linlythgow, David Callander, nottar in Edinburgh, Alexander Martine, Robert Whillas and Thomas Whytefoord, nottars in Dunse, M^r John Broun, wryter in the Chancellary chamber, M^r John Falconer, servant in M^r Roderik M‘Kenzie, Clerk, his chalmer, James Smyth, nottar in Hadingtoune, M^r Andrew Balfour, wryter and agent, James Irving, nottar in the Cannongate, John Forrest, nottar in Dunbar, Franceis Guthrie, nottar and keeper of the register of seasings in the shyre of Forfar, M^r David Lyon, nottar, M^r John King, wrytter in Edinburgh and nottar, William Kirkwood, nottar in Dunbar, M^r Patrick Brown, nottar there, John Robertson, sheriff clerk of Lanerk and nottar.

Extracted out of the bookes of Councell and Sessioun. (Signed) GEO. M‘KENZIE, Cler. Regr.”

191. “These are testifieing that the nottars underwritten have sworne and signed the Test upon their knees in presence of the Lords of Session within the tyme prescryved be the act of Parliament, repeating and pronouncing the wholl words thereof, Sir Alexander Gibson being clerk and who gave in ane list of them subscrybed with his hand to me, Laurence Oliphant, Writer to his Majestys Signet, clerk to the admission of nottars, conforme to the Lords of Session their act and ordinance made theranent, viz.,

Hary Nicoll, William Wilson, George Drummond, William Calderwood, John Clerk, John Jaffrey, James Home, Thomas Fender, David Cairnes, William Fisher, William Govean, Robert Carstairs, James Nicoll, James Winrahame, William Robertson, William Haly, John Brown, Hugh Paterson, younger, M^r Patrick Mowbray, Alexander Gray, nottar in Edinburgh, Henry Lyon, Alexander Traill, James Halyburtone, Patrick Anthone, M^r Hugh Durie, Alexander Lockhart, John Hog, Thomas Williamson, James Murray, William Murray, William Kilgour, James Park, James Davidson, John Clerk, Robert Milne, M^r Charles Sinclair, Hary Reid, Alexander Gray, M^r Robert Lawder, Alexander Docher, Robert Carnegie, Patrick Sime, Andrew Bailzie, John Gourlay, Archibald Kinloch, William Lithgow, Gilbert Abercrombie, M^r James Henderson, M^r John Nisbet, John Lowis, Malcome Alexander, Robert Smyth, Lyon Clerk and nottar, David Forrester, nottar and keeper of the register of seaseings in the shyre of Wigtoune, Andrew Syme, nottar in Aberdein, Robert Somervell, nottar in the shyre of Lanerk, William Wallace, William Young, M^r Robert Swintoune, William Fullartoune, M^r James Scott, sheriff clerk of Edinburgh and nottar, M^r James Lawder, sheriff clerk of Hadingtoune and nottar, John Walker, William M‘Clelan, George Scott, Gilbert Gourlay, M^r Thomas Hunter, William Crombie, sheriff clerk of Roxburgh and nottar, Robert Chisholme, sheriff clerk of Selkirk and nottar, Thomas Fraser, nottar in the shyre of Ross, John Hope, nottar in Peibles, Archbald Young, Colline Campbell, M^r Walter Gladstaines, toun clerk of Hawick and nottar, William Forrester, Robert Lawrie, James Guthrie, Mathew Colvill, William Strachan, nottar in the shyre of Kincardin, John Syme, nottar in Haddingtoune, M^r Andrew Hay, M^r Patrick Falconer, Alexander Stewart, Andrew Young, nottar in Haddingtoune, George Kilgour, nottar in Aberdein, Patrick Young, nottar in Haddingtoune, James Inglis, nottar in Douglass, John Weild, nottar in Coldingham, William Williamson, nottar in Peibles, Andrew Sympson, town clerk of Anstruther and nottar, John Huttone, nottar in Queensferrie, John Hepburne, nottar in North Berwick, John Bayne, shereff clerk of the shyre of Berwick and nottar, Robert Young, keeper of the register of seaseings of the said shyre and nottar, Thomas Walker, nottar in Dumbartane, Andrew Crawfurd, nottar in Linlithgow, David Callander, nottar in Edinburgh, Alexander Martine, Robert Whillas and Thomas Whytefoord, nottars in Dunse, James Smyth, nottar in Haddingtoune, James Irvine, nottar in Cannongate, John Forrest, nottar in Dumbar, Francis Guthrie, nottar and keeper of the register of seaseings in the shyre of Forfar, M^r David Lyon, nottar, M^r John King, wrytter in Edinburgh and nottar, William Kirkwood, nottar in Dumbar, M^r Patrick Brown, nottar there, John Robertson, shereff clerk of Lanerk and nottar.

Lykeas the nottars underwritten have sworne and signed the Test upon their knees in presence of the Lords of Session, repeating and pronuncing the wholl words therof, I, the said Laurence Oliphant, being clerk; viz., Andrew Edmistoune, toun clerk of Selkirk, Mungo Strachan, writer in Edinburgh, James Bell, writter there, David Callendar, writer in Edinburgh, M^r Andrew Petrie at Kinfawnes, William Reid, nottar in Meldrum in Aberdeinshyre, James Smyth, nottar in Haddingtoune in Tranent, James Henderson, nottar in Nithisdaillshyre, David Knight, nottar in Briechen, William M‘Morran, nottar in Lanerk, William Whyte, nottar in the shyre of Dumfries, Henry Dow, nottar in Edinburgh, M^r James Gray, keeper of the register of seaseings at Aberdeen, Thomas Wilkieson, nottar in Melros, Robert Robertson, nottar in Dunkeld, M^r Alexander Urie, nottar in Edinburgh, William Gordone, nottar and shereff clerk of Aberdeen, James Gordone, nottar and commissar clerk of Aberdeen, M^r John Frank, nottar in Edinburgh, Mathew Lindsay, nottar and keeper of the register of seaseings at Dumbartane, John Lutfutt, writer to the signet, nottar publick, James Smith, nottar in Balvenie in Bamfshyre, Hugh Falconar, nottar and commissar clerk of Inverness, John Monro, nottar and messenger in Inverness, M^r Alexander Crawfurd, nottar and writer in Edinburgh, John Dickie, nottar in Kilmarnock within the shirefdome of Air, John Robertoune, nottar and shereff clerk of Lanerk, William Stewart, servitor to M^r William Fletcher, advocat, and nottar in Edinburgh, John Pitcairne, nottar in St. Andrewes, Robert Robertson, nottar in Glasgow, Alexander Farquhar, nottar in Tayne, M^r George Inglis, nottar in Kirklistoune, M^r Hugh Davidson, nottar and writer in Edinburgh, Gustavus Brown, nottar in Dalkeith in the sheriffdome of Edinburgh, George Troup, nottar and messenger in Elgin, Patrick M‘Ilroy, nottar in Wigtoune, Alexander Ross, nottar in Tayne, James Bailzie, nottar in Inverness, Thomas M‘Nab, nottar in Logierate in the sheriffdom of Perth,

Robert Paterson, nottar in Edinburgh and commissar clerk of Peibles, William Brown, nottar and clerk to the hammermen in Edinburgh, John M‘Cuir, writer in Glasgow, John Daes, nottar in Ochtergaven in the shirefdome of Perth, M^r Alexander Grant, nottar and shereff clerk of Elgin, David Stewart, nottar publick, shereff clerk of Bute, William M‘Clellan, writer in Edinburgh, nottar publick, M^r Robert Morum, nottar at Dinbug in the shirefdome of Fyffe, John Lithgow, nottar in Melross within the shirefdome of Roxburgh, and Thomas Ker, nottar and schoolmaster in West Gordone within the shirefdome of Berwick.

In witness wherof thir presents are subscryvit at Edinburgh the twentie eight day of February j^mv^jc fourscore two yeares by me. (Signed) Lau. Oliphant.”

Edinburgh, 26th July 1683.

Supplication by James, Earl of Findlater, as follows:—

Sir Robert Hepburn of Keith, now deceased, had the trust of the petitioner’s affairs and the custody of most of the evidents of his estate, and has entailed his fortune or the most part thereof to Mr James Ogilvie, the petitioner’s second son; but the petitioner being at a distance, and the said Sir Robert’s friends having suppressed the news of his sickness so that the petitioner got no notice thereof, the Laird of Congaltoune has meddled with his charter-chest and papers, and the Laird of Ormistoune, Cockburne of Piltoun, Alexander Eliot in …, Robert Hepburn, writer in Edinburgh, and the said Robert’s lady, David Chalmers, his servant, Mr John Carstaires, minister of the gospel, Mr John Guthrie, writer in Edinburgh, and James Davie in …, have also meddled with the papers conceived in favour of the petitioner and his son, in order to frustrate the will of the deceased, and they will destroy the same.

He therefore craves order to be given as follows. The Lords ordain letters of horning on six days’ charge to be issued against the foresaid persons to exhibit upon oath in the hands of the clerks of Council the charter-chest, cabinets and boxes in which any of the deceased Sir Robert Hepburn’s writs or papers are or were at the time of his death, with all the writs and evidents, to be opened up and inventoried at the sight of Lord Collingtoun and Lord Castlehill, who are to take the persons’ oaths anent their intromission with, abstracting, cancelling, vitiating or anyway destroying any of the said writs.

Edinburgh, 26th July 1683.

Appointment of justices of peace for the shire of Banff.

The Lords, understanding that several of the justices of peace in the shire of Banff are deceased and others infirm and unable to exercise that office, nominate and appoint George, Lord Banff, Sir John Gordon of Park, Sir Henry Guthery of Kingedward, George Abercrombie of Skeeth, William Gordon of Faisken, Alexander Gordon of Glengerack, John Ramsay of Melrous, John Urquhart of Whytehill, Mr William Joss of Collynaart, James Ogilvie of Baldavie, William Dumbar of Durne, Alexander Abercrombie, younger of Glassach, Alexander Hay of Airnbuith, Patrick Ogilvie of Halyards, Thomas Ogilvie in Boigtoun, Patrick Stewart of Tannachie, David Gregory of Kinnairdy, Frederick Ogilvie of Dallachie, James Gordon of Ardmellie, John Innes of Edengheith, Alexander Duff of Braco, John Gordon, elder of Achynaile, John Lesly of Kinninvie, James Anderson of Westertoun, Grant of Badindalloch, Mr Thomas Law of Newtoune, Sir Robert Innes of Kinnermonie, John Stewart of Killimauchlie, Thomas Stewart, younger of Drummine, and Alexander Ogilvie, younger of Kempkairnie, to be justices of peace in the said shire and to be admitted as is usual.

Edinburgh, 9th January 1683.

3. Execution by James Guthrie, Dingwall pursuivant, on 9th and 10th January, 1683, of a summons at the instance of his Majesty’s Advocate against John Duncane, George Potts, James Loch, Alexander Frog, William Forrester, Margaret Clerk, spouse to William Cockburne, Violet Cameron, Archibald McKennie, Robert Scot, James Boyd, Mr Robert Blackwood, Robert Blackwood, Duncan McIntosh, George Home, David Huisone, Robert Campbell, James Grahame, Mungo Wood, James Rou, Beattie Ker, his spouse, William Knox, tailor, Broune in Forresters Wynd, widow of John Kinkead, merchant, Alexander Herriot, James Edmonstoune, Andrew Bruce, James Braidfoott, William Blackwood, Helen Miller and McPherson, her spouse, Hugh Blair, James Clieland and his spouse, James Reid, James Alstoune and John Chancellor, all personally apprehended except the two last named, at whose dwelling places copies were left and also proclamation was made at the market cross of Edinburgh; witnesses, Robert Wallace, messenger in Edinburgh; James Tennant, merchant there; James Lermonth, tailor there, George Jardine, indweller there, and William Cuninghame, servitor to Mr James Cuninghame, writer there, with several others. (Signed) “James Guthrie, pursevant.”

Edinburgh, 4th August 1683.

49. Note of execution by James Guthrie, Dingwall pursuivant, on 4th, 6th and 7th August, 1683, of a summons at the instance of the Lord Advocate against Mr John Duncane, Robert Campbell, Robert Blackwood, Alexander Herriot, James Loch, George Potts, William Blackwood, Alexander Frog, Mr Robert Blackwood, Robert Scot, Duncan McIntosh, James Braidfoot, James Alstoune, James Clieland, Thomas Douglas, bailie, Andrew Irving, George Clerk, Hugh Cuninghame, Patrick Johnstone, Thomas Gordoune, John Ker, James Niccolsone, bailie, William Menzies, George Drummond, younger, Alexander Brand, Robert Hamiltone, Andrew Duff, John Kellie, Lues Bissett, William Gordoune, Archibald Hamiltone, younger, Edward Marjoribanks, Thomas Smith, and George Drummond, bailie, all merchants in Edinburgh, to compear on 9th August.

They were all personally apprehended except William Blackwood, Edward Marjoribanks and Thomas Smith, at whose houses copies were left, and also on 7th August proclamation was made at the market cross of Edinburgh. Witnesses to the execution are William Hume, pursuivant, Robert Wallace and John Gourlay, messengers, John Douglas and George Jardine, indwellers in Edinburgh, and others. (Signed) “James Guthrie, pursevant.”

Dundee, 9 February 1684.

Bond by George Crokatt, Thomas Dog, John Wallentine, William Jacksone, Patrick Mathew, Patrick Jacksone, Grisel Ramsay, Alexander Broune, Walter Kid, James Roger, William Haliburtoune, and others, maltsters, brewers, and vintners in Edinburgh and Dundee, that they will not hold games, etc., without licence from James Fountaine, master of the revels; with clause of mutual relief and clause of registration.

The bond is written by Mr George Gray, writer in Dundee, and dated at Dundee, 9th February, 1684; witnesses, William Andersone, glazier, William Gib, servitor to the said Agnes Gib, John Guthrie, writer, and David Watsone, son of the deceased Andrew Watsone, maltman in the said burgh. Many of the granters sign, and for the rest Mr George Gray, notary, signs.

[On the back] “14 February, 1684, cautioner received and act extracted accordingly.”

Edinburgh, 28th March 1684.

148. Bond of caution by John Gordon of Rothemay for Alexander Innes of Coxtoune, narrating that upon his supplication the Lords allowed the said Alexander Innes, by their act of 20th March instant, to uplift 100l. sterling from the vacant stipends of the diocese of Murray for repairing the kirk of Longbryde, which is ruinous, and that therefore he will doe exact diligence in uplifting the same and make account for any surplus; with clauses of relief and registration.

The bond is written by Mr John Gray, writer in Edinburgh, and dated 28th March, 1684; witnesses, the said Mr John Gray, and John Guthery, servitor to the said Alexander Innes.

Edinburgh, 1 April 1684.

154. Note of execution by James Guthrie, Dingwall pursuivant, on 1st and 2nd April, 1684, of a summons at the instance of Thomas Adair, present deacon of the tailors of Edinburgh, and John Cuninghame, late deacon convener there, against Robert Campbell, merchant in Edinburgh, Matthew Bayllie, tailor there, George Gardner, tailor there, George Livingtoune, James Kirkpatrick, William Cowane, Andrew Broune, Alexander Weir, William Seattoune, Thomas Prestoune, Andrew Purdie and Robert Lindsay, tailors there, Patrick Johnstone, merchant there, Robert Hamiltoune and Thomas Reu, servitors to Hugh Blair, merchant there, John Thomson, tailor there, John Wilkie, tailor there, John Somervell, Robert Murray, Andrew Aitkin and William Grahame, servitors to William Menzies, merchant there, Alexander Duncane, Walter Scott and John Biggar, servitors to Mr John Duncane, merchant there, Archibald Reu, servitor to James Reu, merchant, William Tosh, servitor to Duncan McIntosh, merchant, Alexander Home, tailor in the Canogate, James Miller, George Fleeming, Robert Bannatyne, Hugh Galloway, John Makeane, Gilbert Somervell, William Douglas, Monsieur La Perlie, William Tayleour, George Watsone, Patrick Tailiefer, Lachlan McPherson, James Robertsone, James Patterson, George Turpie and Robert Naismith, tailors there, to compear as witnesses in the action against Mr Robert Blackwood and other merchants; witnesses, John Douglas, Robert Hall and George Jardine, indwellers in Edinburgh, and others. (Signed) “James Guthrie, pursevant.”