Decreet, 23 July 1695, Edinburgh

Warrant, 31 December 1695, Edinburgh

At Edinburgh tuesday the tuentie third day of July Jaj vjc nynty and fyve

A1695/7/271

Decreet

Decreet Lord Advocat q. Maxuell etc

Anent the lybell or Complaint raised before the Lords of his Majesties privy Councill At the instance of his majesties Trusty and right well beloved Sir James Stueart his majesties Advocat for his Highness interest in the matter underwryten by a Speciall order of the Lords of his majesties privy Councill Mentioning That where all judges and Baillies of Regalities are oblidged to administrat the Law equallie and impartiallie speciallie in Cases of blood and Crymes Capitall as also That it is The right and priviledge of such as are members of the privy Councill to give warrand and orders for securing the persone delated for capitall Crymes quhich every inferior judge to quhom the same are directed aught to obtemper and obey Nevertheless it is of verity That George Maxuell Baillie of the Regality of Montrose Haveing caused call before him at the instance of his procurator Fiscall Archbald Grahame Lately Mcgrigor of Kilmannane for murdering Malcolme Mcilvorch in the moneth of October Last bypast and in ane or other of the dayes thereof The said George Maxuell and his said Procurator Fiscall purposeing to assoilzie the said Kilmannan by a whyte assyse is most probable did summond none to be witneses but such as knew nothing of the affair whereupon there being a protest taken against the said George Maxuell he did2 indeed adjourne the Court untill the fourth day of June next to come But quhen therafter requyred by the Lord Murray to secure and imprisone the person of the said Kilmannane He refused to doe it pretending He had noe prisone and therafter did only take bale of him for a Cryme not bailable by which it is manifest that the said George Maxwell hath proceeded in the said matter most partially and hath also neglected and Contemned the ordor sent to him by the Lord Murray on of the Lords of privy Councill3 and Thefore He aught not only to appear before the Lords of our privy Councill to give ane account of his said procedor But also to bring with him the said Kilmannan That He being sisted before the Councill They may ordor and ordane his tryall as they shall see Cause and that in the meantyme the said George Maxuell Baillie foresaid aught to make noe further procedor in the said4 tryall And He ought and should be punished in his person and goods to the example and terror of others to doe the lyke in tyme comeing And anent the charge given to the said George Maxuell defender To have compeared before the said Lords of Privy Councill at certain days bygaine To give ane account of the said procedure and not only to bring with him the persone of the said Kilmannane But lykewayes to have heared and seen himself decerned by decreet of the said Lords to desist and forbear to make any furder procedur in the said matter untill the said Lords give furder ordor theranent as in the principall lybell or letters of Complaint with the executiones thereof at more lenth is contained The which lybell being this day Called in presence of the said Lords of his Majesties privy Councill and the said Sir James Stueart his majesties Advocat Compearing personally as pursuer with Sir James Oglivie his Majesties Sollicitor for his Highness interest and the defender Compearing also personally with Master Hugh Dalrymple his Advocat The Lybell and answers being read and the advocats upon both sydes being fully heared and the said Lords haveing Considered the lybell and answers with a letter from the Lord Murray to the defender and ane ordor by the same Lord to Him both dated the fyfteen day of Apryll Jaj vjc nynty and fyve years both which being read were instantly delyvered back The Hereby ordaine the said George Maxuell defender To enter the persone of Archbald Grahame lately Mcgrigor of Kilmannan Prisoner within the Tolbooth of Edinburgh betwixt and the first tuesday of October next to come or otherwayes enter himself within the said Tolbooth betwixt and the said day And that under the penalty of sex thousand merks scots And ordains him instantly to find Cautione acted in the books of privy Councill for that effect wherein if he failzie appoynts him to be carried prisoner to the Tolbooth of Edinburgh till He find the said Cautione

At Edinburgh tuesday the tuentie third day of July Jaj vjc nynty and fyve

A1695/7/271

Decreet

Decreet Lord Advocat q. Maxuell etc

Anent the lybell or Complaint raised before the Lords of his Majesties privy Councill At the instance of his majesties Trusty and right well beloved Sir James Stueart his majesties Advocat for his Highness interest in the matter underwryten by a Speciall order of the Lords of his majesties privy Councill Mentioning That where all judges and Baillies of Regalities are oblidged to administrat the Law equallie and impartiallie speciallie in Cases of blood and Crymes Capitall as also That it is The right and priviledge of such as are members of the privy Councill to give warrand and orders for securing the persone delated for capitall Crymes quhich every inferior judge to quhom the same are directed aught to obtemper and obey Nevertheless it is of verity That George Maxuell Baillie of the Regality of Montrose Haveing caused call before him at the instance of his procurator Fiscall Archbald Grahame Lately Mcgrigor of Kilmannane for murdering Malcolme Mcilvorch in the moneth of October Last bypast and in ane or other of the dayes thereof The said George Maxuell and his said Procurator Fiscall purposeing to assoilzie the said Kilmannan by a whyte assyse is most probable did summond none to be witneses but such as knew nothing of the affair whereupon there being a protest taken against the said George Maxuell he did2 indeed adjourne the Court untill the fourth day of June next to come But quhen therafter requyred by the Lord Murray to secure and imprisone the person of the said Kilmannane He refused to doe it pretending He had noe prisone and therafter did only take bale of him for a Cryme not bailable by which it is manifest that the said George Maxwell hath proceeded in the said matter most partially and hath also neglected and Contemned the ordor sent to him by the Lord Murray on of the Lords of privy Councill3 and Thefore He aught not only to appear before the Lords of our privy Councill to give ane account of his said procedor But also to bring with him the said Kilmannan That He being sisted before the Councill They may ordor and ordane his tryall as they shall see Cause and that in the meantyme the said George Maxuell Baillie foresaid aught to make noe further procedor in the said4 tryall And He ought and should be punished in his person and goods to the example and terror of others to doe the lyke in tyme comeing And anent the charge given to the said George Maxuell defender To have compeared before the said Lords of Privy Councill at certain days bygaine To give ane account of the said procedure and not only to bring with him the persone of the said Kilmannane But lykewayes to have heared and seen himself decerned by decreet of the said Lords to desist and forbear to make any furder procedur in the said matter untill the said Lords give furder ordor theranent as in the principall lybell or letters of Complaint with the executiones thereof at more lenth is contained The which lybell being this day Called in presence of the said Lords of his Majesties privy Councill and the said Sir James Stueart his majesties Advocat Compearing personally as pursuer with Sir James Oglivie his Majesties Sollicitor for his Highness interest and the defender Compearing also personally with Master Hugh Dalrymple his Advocat The Lybell and answers being read and the advocats upon both sydes being fully heared and the said Lords haveing Considered the lybell and answers with a letter from the Lord Murray to the defender and ane ordor by the same Lord to Him both dated the fyfteen day of Apryll Jaj vjc nynty and fyve years both which being read were instantly delyvered back The Hereby ordaine the said George Maxuell defender To enter the persone of Archbald Grahame lately Mcgrigor of Kilmannan Prisoner within the Tolbooth of Edinburgh betwixt and the first tuesday of October next to come or otherwayes enter himself within the said Tolbooth betwixt and the said day And that under the penalty of sex thousand merks scots And ordains him instantly to find Cautione acted in the books of privy Councill for that effect wherein if he failzie appoynts him to be carried prisoner to the Tolbooth of Edinburgh till He find the said Cautione

1. NRS, PC1/50, 221-3.

2. The word ‘a’ scored out here.

3. Four illegible words scored out here.

4. The word ‘matter’ scored out here.

1. NRS, PC1/50, 221-3.

2. The word ‘a’ scored out here.

3. Four illegible words scored out here.

4. The word ‘matter’ scored out here.