Decreet, 31 May 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh Threttie one day of Maij Jaj vjc nyntie tuo years

A1692/5/1781

Decreet

Decreet There Majesties Sollicitor against Doctor Mcghie

Anent the Lybell or Complaint raised before the Lords of there Majestyes privie Councill at the Instance of Sir William Lockhart [there] Majestyes Sollicitor for there Highnes interest In the matter underwreitten Makeing mention That where albeit by the Comon Law by the Lawes and acts of parliament and the dayly practice of this and all other well governed nationes And especially by the thretty one and thretty tuo acts sevent parliament of King James the second And by the Hundreth and Fiftie third act tuelth parliament of King James the Sixt, The Inbringing or2 buyeing of poysone By which any Christian man or woman may receave any bodily harme Especially when the same is in ane most exorbitant and undue quantity which Cannot be suteable or usefull in any medicine And most of all when the same is used sold or disposed of by a phisician who knowes the nature or danger of the poysone And the method of useing and prepareing it for takeing away the Lyves of men and women or other unlawfull ends As also the assisting of prisoners who were Incarcerat for publict crymes againest the Government in the makeing of there escapes out of the prisone houses or Castles where they were Imprisoned and to that end the provydeing of matterialls requisite for breaking the prisones Cutting or fyleing of the Iron Stanchers of the prisone by aqua fortis Subminated mercury, and fyles or the being airt and pairt for doeing the same are Crymes of ane high nature whereof the verie attempt and provydeing the necessar materialls are severely punisheable albeit the designe did not take effect by the escape of the prisoner Yet Nevertheless It is of veritie That Doctor John Mcghie Doctor of Medicine Shakeing off all fear and regaird to there Majesties authority and Lawes Did upon the […] day of Apryll Last or in this Instant moneth of Maij or ane or other of the saids moneths Enter into a most hellish and deivilish countryveance to poysone the officers or souldiers of our Castle of Edinburgh, Cutt the Iron Stanchers thereof and make the prisoners therein escape And for that effect did buy the quantity of tuo ounces of sublimated mercury and Eleaven ounces of aqua fortis which are both poysonable to mankynd And which is a quantity of aither unsuteable to made use of in any drouge or medicine a small pairt thereof being sufficient to take away the Lyfe of Hundreths As also the said Doctor John Mcghie did designe ane attempt to break the prisone of the Castle of Edinburgh by assisting Mr Henrie Naval Pain prisoner there for a publict cryme to escape out of the samen. And for that end did provyde fyles for Cutting the Iron stanchers of the roume where the said prisoner wes keeped and did provyde such ane exorbitant quantity of the said aqua fortis and sublimated mercury as wes more then sufficient both to be Imployed for Corrodeing the Iron stauchells of the prisone house and prepareing the same for the fyle so as the same might be done without noise or observatione And also for poysoneing the wholl garisone which fyles and poysone The said Doctor John Mackghie did wrapt up in a servite and put them under the castle wall In order to be convoyed to the said Mr Henrie Naval Pain that the same might be Imployed by him for poysoning the garisone At least for makeing his escape or both these Ends At least the said Doctor John Mcghie wes airt and pairt and assisting in provydeing and Convoyeing of the said poysone And therefore he ought to be severely and exemplarly punished in his persone and goods to the terror of others to Comitt the Lyke in tyme comeing And Anent the charge3 Given to the said Doctor John Mcghie be vertue thereof To Compear befor the saids Lords of privie Councill this day To ansuer to the points of the above Complaint And to hear and see such order and Course taken thereanent as the saids Lords shall think fitt under the pain of rebellione and putting of him to the horne with Certificatione If he failzied there majesties other Letters should be direct to putt him thereto Simpliciter As the said Lybell and executione thereof bears Which Lybell or Complaint above wreitten being this day Called In presence of the saids Lords of privie Councill And Sir William Lockhart there majestyes sollicitor and Sir Patrick Hume advocat persewers forsaids Compearing personallie And the said Doctor John Mcghie defender being brought from the tolbooth of Edinburgh to the barr The Saids Lords of there majestyes privie Councill Haveing Considered this Lybell with a petitione given in be the above Doctor Mcghie subscryved by him and the subscription ouned be him in face of Councill whereby he acknowledges that he did prepare and Lay doun at the foot of the Castle wall the particular drogues Contained in the above Complaint The Saids Lords ordaines the Doctor John Mcghie to be Carryed back to the tolbooth of Edinburgh And appoints him to Continow prisoner untill he enact himself in the books of privie Councill That he shall depairt furth of there majestyes Dominiones and never returne thereto under all highest pain that after may follow And allowes the Doctor the benefite of open prisone The magistrats of Edinburgh and keeper of there tolbooth being alwayes ansuerable for his safe custodie

At Edinburgh 31 May 1692

A1692/5/1781

Decreet

Decreet: their majesties’ solicitor against Doctor McGhie

Concerning the libel or complaint raised before the lords of their majesties’ privy council at the instance of Sir William Lockhart their majesties’ solicitor for their highnesses’ interest in the matter underwritten, mentioning that where, albeit by the common law, by the laws and acts of parliament and the daily practice of this and all other well governed nations and especially by the 31st and 32nd acts of the seventh parliament of King James II, and by the 153rd act of the 12th parliament of King James VI, the importing or buying of poison by which any Christian man or woman may receive any bodily harm, especially when the same is in a most exorbitant and undue quantity which cannot be suitable or useful in any medicine, and most of all when the same is used, sold or disposed of by a physician who knows the nature or danger of the poison and the method of using and preparing it for taking away the lives of men and women or other unlawful ends, as also the assisting of prisoners who were incarcerated for public crimes against the government in the making of their escape out of the prisons or castles where they were imprisoned and to that end the providing of materials requisite for breaking the prisons, cutting or filing of the iron bars of the prison by nitric acid, mercury(II) chloride, and files or by being art and part for doing the same, are crimes of a high nature whereof the very attempt and providing the necessary materials are severely punishable, albeit the scheme did not take effect by the escape of the prisoner, yet nevertheless it is true that Doctor John McGhie, doctor of medicine, shaking off all fear and regard to their majesties’ authority and laws did, upon the […] day of April last or in this instant month of May or one or other of the said months, enter into a most hellish and devilish contrivance to poison the officers or soldiers of our Castle of Edinburgh, cut the iron bars thereof and make the prisoners therein escape, and for that effect did buy the quantity of 2 ounces of mercury(II) chloride and 11 ounces of nitric acid, which are both poisonous to humans and which is a quantity of either unsuitable to use in any drug or medicine, a small part thereof being sufficient to take away the life of hundreds; ass also the said Doctor John McGhie planned an attempt to break the prison of the Castle of Edinburgh by assisting Mr Henry Neville Payne, prisoner there for a public crime, to escape from the same, and for that end provided files for cutting the iron bars of the room where the said prisoner was kept and provided such an exorbitant quantity of nitric acid and mercury(II) chloride as was more than sufficient both to be employed for corroding the iron bars of the prison and preparing the same for the file so as the same might be done without noise or observation, and also for poisoning the whole garrison, which files and poison the said Doctor John MacGhie wrapped up in a cloth and put under the castle wall in order to be taken to the said Mr Henry Neville Payne so that it might be used by him for poisoning the garrison, at least for making his escape or both these ends, or at least the said Doctor John McGhie was art and part and assisting in providing and bringing the said poison, and therefore ought to be severely and exemplarily punished in his person and goods to the terror of others to commit the like in time coming; and anent the charge given to the said Doctor John McGhie by virtue thereof to appear before the said lords of privy council today to answer to the points of the above complaint and to hear and see such order and course taken as the said lords shall think fit, under the pain of rebellion and putting of him to the horn, with certification that, if he failed, their majesties’ other letters should be directed to put him thereto summarily, as the said libel and execution thereof bear. Which libel or complaint above written being called today in presence of the said lords of privy council and Sir William Lockhart, their majesties’ solicitor, and Sir Patrick Hume, advocate, pursuers foresaid appearing personally and the said Doctor John McGhie defender being brought from the tolbooth of Edinburgh to the bar, the said lords of their majesties’ privy council having considered this libel with a petition given in by the above Doctor McGhie subscribed by him and the subscription owned by him before the council, whereby he acknowledges that he did prepare and lay down at the foot of the castle wall the particular drugs contained in the above complaint, the said lords ordain Doctor John McGhie to be carried back to the tolbooth of Edinburgh, and they appoint him to continue a prisoner until he enacts himself in the books of privy council that he shall depart furth of their majesties’ dominions and never return under all highest pain that after may follow, and they allow the doctor the benefit of open prison, the magistrates of Edinburgh and keeper of their tolbooth being always answerable for his safe custody.

1. PC1/48, 230-32.

2. The word ‘and’ scored out here.

3. The words ‘the charge’ are inserted above the line.

1. PC1/48, 230-32.