Halyroodhouse the 27th Jully 1703
D1703/7/7
D1703/7/71
Act
Act Infavours off Nicoll, Robert, Jannet and Issobell Craigs
Annent The petition Given in and presented to his Grace Her Majesties high Commissioner And the Lords of her Majesties privie Councill By Nicoll Robert, Jannet and Issobell Craigs all prisoners in Ranfrew for alleadged Fire raising And her Majesties Advocat for Her Highness intrest Shewing That wher they the saids prisoners wer attached and imprisoned in March last in the Tolbuith off Ranfrew and their goods also arristed by the Sherriff Depute off Ranfrew for alleadged Fire raising by burning off a barn pertaining to one John Stewart in Glensalloch The petitioners wer very2 desirous off and had long patience For a tryall But the Sherriff Depute not being compitent to Fire raising, a plea off the Croun and yet still detaining the petitioners They wer necessitat to apply to the Lords off Justiciary For a warrand to Chairge Her Majesties Advocat To insist against the petitioners Conforme to Act off parliament Which the petitioners also obtained and Execute and got the Advocats order and warrand to the Sherriff Deput to send in the prisoners From Sherriff to Sherriff as use is But tho the Sherriff Deput hath been twice requyred by the Advocat And that he requyred to send the petitioners in yet they are not sent Bot on the conterary application is made to their Lordships For a Commission to try them in the Country To which the Advocat Gives noe Concurrance Nor in effect this being one off the pleas off the Corun and only compitent to be tryed by the Lords off Justiciary and already actwally tabled befoir them Can the Advocat give any concurrance And wher it is pretended That the persewar is poor and there are a multitude off witnesses, The Advocat From the beginning offered his Concurrance gratis And For the witnesses They may certainly be restricted to a very small number unless the persewars intend to insist upon presumptions which makes the matter yet more propper to be tryed By the Lords off Justiciary nor to this day hath either the persewar or Sherreff Depute given the Advocat a particular infformatione off the Caice And Therfor Creaving His Grace and Lordships To refuise any Commission in this caice Which is wholy out off Course and againest the Jurisdiction off the Lords off Justiciary and the privilidge off Her Majesties Advocat and also off the poor petitioners And to ordaine the sherriff to answer For neglect and contempt As the said petition bears His Grace Her Majesties High Commissioner and the Lords of Her Majesties privie Councell Haveing considered a petition given into them By John Steuart in Glenshannach Craving a Commission for trying Nicoll, Robert, James, and Issobell Craigs in the Country for wilfull fire raising with this petition Given in by the saids Nicoll, Robert, James and Isobell Craigs petitioners in Ranfrew And the samen being read in their presence His Grace and the saids Lords Heirby refuises the desire off the said petition Given in by the said John Steuart And Recommends to Her Majesties Advocat To prosecute Nicoll, Robert, Jannet, and Issobell Craigs alleas guilty off fire raising befoir the Lords off Justiciary as accords And Ordaines the sherriff Depute of Renfrew To transmitt the saids persones prisoners to the Tolbuith off Edinburgh for that effect.
1. NRS, PC2/28, 256r-257r.
2. The word ‘very’ is an insertion.
1. NRS, PC2/28, 256r-257r.
2. The word ‘very’ is an insertion.