Procedure, 1 May 1705, Edinburgh

Att the palace of Holyrudehouse the first day of May Jaj vijc and fyve years

A1705/5/51

Procedure

Recommendation to my Lord Advocat to raise a lybell against Kirkonell etc papists

His Grace her Majesties high Commissioner, And the Lords of her Majesties privie Councill Doe heirby Recommend to Sir James Steuart her Majesties Advocat to prosecute […] Maxwell of Kirkonell as a trafiqueing papist by raising a lybell against him or any other papists within the Steuartrie of Kirkcudbright, that his lordships Shall receive information of, and insist therin untill the finall end and decision therof.

At the palace of Holyroodhouse 1 May 1705

A1705/5/51

Procedure

Recommendation to my lord advocate to raise a libel against Kirkconnel etc papists

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner and the lords of her majesty’s privy council do hereby recommend to Sir James Stewart, her majesty’s advocate, to prosecute […] Maxwell of Kirkconnel as a trafficking papist by raising a libel against him or any other papists within the stewartry of Kirkcudbright that his lordship shall receive information of, and insist therein until the final end and decision thereof.

1. NRS, PC1/53, 400.

1. NRS, PC1/53, 400.

Procedure, 1 May 1705, Edinburgh

Att the palace of Holyrudehouse the first day of May Jaj vijc and fyve years

A1705/5/41

Procedure

Recommendation to a Committee to examine Haynes and others of Green Crew

His Grace her Majesties high Commissioner, and the Lords of her Majesties privie Councill Doe heirby Recommend to the Committie formerly named and appoynted to examine George Haynes, Doctor May and others of Greens Crew to meet to morrow at nyne acloak in the foirnoon, And reduce the declarations of them and others In relation to Captain Drummonds Watch and money offered to Haynes to bear testimony in the tryall against Green and his Crew in wryting, and to report to the Councell with ther conveniencie.

At the palace of Holyroodhouse 1 May 1705

A1705/5/41

Procedure

Recommendation to a committee to examine Haynes and others of Green’s crew

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner and the lords of her majesty’s privy council do hereby recommend to the committee formerly named and appointed to examine George Haynes, Doctor May and others of Green’s crew to meet tomorrow at 9 o’clock in the forenoon, and reduce the declarations of them and others in relation to Captain Drummond’s watch and money offered to Haynes to bear testimony in the trail against Green and his crew in writing, and to report to the council with their convenience.

1. NRS, PC1/53, 399-400.

1. NRS, PC1/53, 399-400.

Act, 1 May 1705, Edinburgh

Att the palace of Holyrudehouse the first day of May Jaj vijc and fyve years

A1705/5/31

Act

Act and protection to Bettie Laing

Anent the Supplication Given in and presented to his Grace her Majesties high Commissioner and the Lords of her Majesties Privie Counsell By Bettie Laing Spous to William Brown Tayleor and late Thesaurer of the town of Pittenweem, Humbly Shewing that the petitioner haveing mett with most cruell and unchristian treatment in the town of Pittenweem wpon no other ground them bare affected of one Peter Mortoun a young man in the said town, who being under a naturall disease which had some Strange effects upon his body, pretended that ye petitioner and other persons he named wer witches and tormented him; Upon this very insufficient ground the petitioner was thrown into the Tollbooth of Pittenweem by the Minister and Magistrats therof, And because She would not confess that She was a witch and in compact with the divell, was tortoured by keeper her awake without Stop for fyve dayes and nights together, And by continuall pricking her with instruments in the Shoulders, back and thighs that the blood guished out in great abundance, So that her lyfe was a burden to her, And they urging her to continuallie to confess, the petitioner expressed severall things as they directed her to be ride of the present torture; And because She afterwards avowed, and publictly told that what she had said to them of her having Seen the divell etc was lyes and wntruths, They putt her in the Stocks for Severall dayes, And then carried her to the theifs holl, And from that they transported her to a dark dungeon, wher She was allowed no maner of Light, nor humane converse And in this condition She lay for fyve moneths together, And at Last haveing found means to get out of the said dungeon, She wandered about in Strange places in the extremity of hunger and cold, tho, she thanked God, She had a competency at home, But dared not come near her own house, because of the fury and rage of the people: And the petitioner being willing to wndergoe any legall tryall upon the said cryme, wherof she was accused, and for deneying of which She had been So inhumanely treated; She confidently presumed his Grace and their lordships would grant her the comon benefite of protection to her person till she wer legally convict of crymes rendering her undeserving of it, And this She was necessitat to demand of ther lordships, For that she haveing lately returned to her oun house at Pittenweem expecting to have Lived Safely and quyetly with her husband, The rable their So menaced and threatned2 to treat her as they had done Janet Corfat a litle befor (notwithstanding of the notice ther lordships had taken of the Said treatment) that She was forced under cloud of night to leave her own house, otherwayes she, may nor her freinds in the place wer in Safety of ther lyves, Therfor craving it might please ther lordships to take the premisses under consideration And to ordaine the Magistrats of the burgh of Pittenweem and all other civill Magistrats and Judges within whose territories or Jurisdiction She Should be for the tyme to protect and defend the persone of the petitioner from the insults fury and rage of all persons whatsoever, wnder such pains as ther lordships Should think fitt to appoynt, She being Still willing to undergoe what legall tryalls could be brought against her, As the said petition bears; His Grace her Majesties high Commissioner and the Lords of her Majesties Privie Councell having considered the petition given in to them by Bettie Laing, And the Samen being read in their presence, His Grace and the saids Lords Declaires the petitioner to be under the protection of the Government; And therfor his Grace and the saids Lords Appoynts and Ordains the Magistrats of Pittenweem to mantaine and defend the petitioner against any tumults and mobbs, insults and violence that may fall wpon or be attempted against her, as they will be answerable, Untill that she be legally convict befor the Judge ordinar of the cryme laid to her Charge; And Nominats and Appoynts the Earles of Craufurd and Bellcarres and Lord Enstruther to be a Committie to inquyre into and take tryall of the murder committed at Pittenweem upon the person of Janet Cornfoot, And the haill other Steps and proceedings anent witches and witchcraft in that town; And recommends to the said Committie to meet at Pittenweem upon Wednesday being the nynth day of May instant, And declairs any two a Quorum; With power to the said Committie to call for what persone or persons they Shall think fitt to their assistance, And for that further Information and tryall taking of the said matter, with power to the said Committie to choise ther own Clerk, and report.

At the palace of Holyroodhouse 1 May 1705

A1705/5/31

Act

Act and protection to Bettie Laing

Concerning the supplication given in and presented to his grace [John Campbell, duke of Argyll] her majesty’d high commissioner and the lords of her majesty’s privy council by Bettie Laing, spouse to William Brown, tailor and late treasurer of the town of Pittenweem, humbly showing that the petitioner having met with most cruel and unchristian treatment in the town of Pittenweem upon no other ground than were affected of one Peter Morton, a young man in the said town, who being under a natural disease which had some strange effects upon his body, pretended that the petitioner and other persons he named were witches and tormented him. Upon this very insufficient ground, the petitioner was thrown into the tolbooth of Pittenweem by the minister and magistrates thereof, and because she would not confess that she was a witch and in compact with the devil, was tortured by keeping her awake without stop for five days and nights together, and by continual pricking her with instruments in the shoulders, back and thighs that the blood gushed out in great abundance, so that her life was a burden to her, and they urging her to continually to confess, the petitioner expressed several things as they directed her to be rid of the present torture. And because she afterwards avowed, and publicly told that what she had said to them of her having seen the devil etc was lies and untruths, they put her in the stocks for several days, and then carried her to the thief’s hole, and from that they transported her to a dark dungeon, where she was allowed no manner of light, nor human converse, and in this condition she lay for five months together. And at last having found means to get out of the said dungeon, she wandered about in strange places in the extremity of hunger and cold, though she thanked God, she had a competency at home, but dared not come near her own house, because of the fury and rage of the people. And the petitioner being willing to undergo any legal trial upon the said crime, whereof she was accused, and for denying of which she had been so inhumanely treated, she confidently presumed his grace and their lordships would grant her the common benefit of protection to her person till she was legally convicted of crimes rendering her undeserving of it. And this she was necessitated to demand of their lordships, for that she having lately returned to her own house at Pittenweem expecting to have lived safely and quietly with her husband, the rabble there so menaced and threatened to treat her as they had done Janet Cornfoot a little before (notwithstanding of the notice their lordships had taken of the said treatment) that she was forced under cloud of night to leave her own house, otherwise she, may nor her friends in the place were in safety of their lives. Therefore craving it might please their lordships to take the premisses under consideration and to ordain the magistrates of the burgh of Pittenweem and all other civil magistrates and judges within whose territories or jurisdiction she should be for the time to protect and defend the person of the petitioner from the insults, fury and rage of all persons whatsoever, under such pains as their lordships should think fit to appoint, she being still willing to undergo what legal trials could be brought against her, as the said petition bears. His grace her majesty’s high commissioner and the lords of her majesty’s privy council having considered the petition given in to them by Bettie Laing, and the same being read in their presence, his grace and the said lords declare the petitioner to be under the protection of the government, and therefor his grace and the said lords appoint and ordain the magistrates of Pittenweem to maintain and defend the petitioner against any tumults and mobs, insults and violence that may fall upon or be attempted against her, as they will be answerable, until that she be legally convicted before the judge ordinary of the crime laid to her charge. And nominate and appoint John Lindsay] earl of Crawford, [Colin Lindsay] earl of Balcarres, and [Sir William Anstruther] Lord Anstruther to be a committee to inquire into and take trial of the murder committed at Pittenweem upon the person of Janet Cornfoot, and the whole other Steps and proceedings concerning witches and witchcraft in that town. And recommend to the said committee to meet at Pittenweem upon Wednesday, being 9 May instant, and declare any two a quorum, with power to the said committee to call for what person or persons they shall think fit to their assistance, and for that further information and trial-taking of the said matter, with power to the said committee to choose their own clerk, and report.

1. NRS, PC1/53, 399.

2. The word ‘her’ scored out here.

1. NRS, PC1/53, 399.

Act, 1 May 1705, Edinburgh

Att the palace of Holyrudehouse the first day of May Jaj vijc and fyve years

A1705/5/21

Act

Act appoynting the Judges of Admirality to cause pay wp Greens Crew ther aliment

Anent the petition given in and presented to his Grace her Majesties high Commissioner, and the Lords of her Majesties Privie Councell By James Burne, George Kitchine, Andrew Robertsone George Glen, Henry Keigle, Alexander Tayleor, Samwell Wilcocks and John Ballentine Humbly Shewing That wher his Grace and ther lordships having been pleased out of ther great clemencie to grant the petitioners a repryve of the Sentence of death pronounced against them by the Judges of the high Court of Admiralitie and assessors untill the Sixth and fourteinth dayes of June ensueing; They humbly begged leave to represent to his Grace and ther lordships that they wer in a Starving condition having nothing affoorded them wherupon to Subsist and Live But what charitable persons gave them, so that his Grace and ther lordships clemencie might come to be disappoynted by ther being Starved to death befor the tyme, Unless Some remedy be provyded for ther Subsistance, And they further begged leave to represent to his Grace and ther lordships that albeit they wer pleased by ane act to allow each of them twelve Shilling Scots per day, yet they had not gott one farthing therof, And Seeing ther sade case deserved Commisseration, They humbly begged his Grace and ther lordships would take ther case to their serious consideration, and would fall upon such methods as they Should think fitt for makeing ther former act anent ther aliment effectuall, as the said petition bears; His Grace her Majesties high Commissioner, and Lords of her Majesties privie Councell having considered the above petition given in to them by James Burne and others of Captain Greens Crew, And the Samen being read in ther presence, His Grace and the saids Lords Appoynts and Ordains the Judges of the high Court of Admirality to cause pay up to the petitioners ther bygone aliment according to former warrands, And to continue the Same to them conforme to ane ordinance of Councell dated the Twentie Sixth day of Apryll Last, And appoynts and Ordains the Clerk of the Admirality to pay to Samwell Urling one of Captain Greens Crew the Sowme of Twentie punds Scots, And his Grace and the saids Lords declairs that the said aliment and Sowme of Twentie pund Scots Is to affect the Cargo of the East India Shipe the Worchester for repaying therof.

At the palace of Holyroodhouse 1 May 1705

A1705/5/21

Act

Act appointing the judges of admiralty to cause pay up Green’s crew their aliment

Concerning the petition given in and presented to his grace [John Campbell, duke of Argyll] her majesty’s high commissioner, and the lords of her majesty’s privy council by James Burne, George Kitchin, Andrew Robertson, George Glen, Henry Keigle, Alexander Taylor, Samuel Wilcocks, and John Ballentine, humbly showing that, where his grace and their lordships having been pleased out of their great clemency to grant the petitioners a reprieve of the sentence of death pronounced against them by the judges of the high court of admiralty and assessors until 6 and 14 June ensuing, they humbly begged leave to represent to his grace and their lordships that they were in a starving condition, having nothing afforded them whereupon to subsist and live but what charitable persons gave them, so that his grace and their lordships’ clemency might come to be disappointed by their being starved to death before the time, unless some remedy be provided for their subsistence. And they further begged leave to represent to his grace and their lordships that albeit they were pleased by an act to allow each of them 12s Scots per day, yet they had not got one farthing thereof, and seeing their sad case deserved commiseration, they humbly begged his grace and their lordships would take their case to their serious consideration, and would fall upon such methods as they should think fit for making their former act concerning their aliment effectual, as the said petition bears. His grace, her majesty’s high commissioner, and lords of her majesty’s privy council having considered the above petition given in to them by James Burne and others of Captain [Thomas] Green’s crew, and the same being read in their presence, his grace and the said lords appoint and ordain the judges of the high court of admiralty to cause pay up to the petitioners their bygone aliment according to former warrants, and to continue the same to them, conform to an ordinance of council dated 26 April last. And appoint and ordain the clerk of the admiralty to pay to Samuel Urling, one of Captain Green’s, the sum of 20 pounds Scots. And his grace and the said lords declare that the said aliment and sum of 20 pounds Scots is to affect the cargo of the East India ship the Worcester for repaying thereof.

1. NRS, PC1/53, 398.

1. NRS, PC1/53, 398.

Sederunt, 1 May 1705, Edinburgh

Att the palace of Holyrudehouse the first day of May Jaj vijc and fyve years1

A1705/5/12

Sederunt

His Grace her Majesties high Commissioner; Lord Chancellor; Earl of Rothes P.S.; Marquis of Annandale S.; Earl of Roxburgh S.; Earl of Loudoun; Earl of Levine; Earl of Ballcarras; Earl of Forfar; Earl of Glasgow; Lord Archibald Campbell; Lord Ballhavine; Lord President of Session; Lord Register; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Mr Fr. Montgomrie; Lord Proveist of Edinburgh

At the palace of Holyroodhouse 1 May 17051

A1705/5/12

Sederunt

[John Campbell, duke of Argyll] her majesty’s high commissioner; [James Ogilvie, earl of Seafield] lord chancellor; [John Leslie] earl of Rothes, lord privy seal; [William Johnstone] marquis of Annandale, secretary; [John Ker] earl of Roxburghe, secretary; [Hugh Campbell] earl of Loudoun; [David Melville] earl of Leven; [Colin Lindsay] earl of Balcarres; [Archibald Douglas] earl of Forfar; [David Boyle] earl of Glasgow; Lord Archibald Campbell; [John Hamilton] Lord Belhaven; [Sir Hew Dalrymple] lord president of session; [Sir James Murray of Philiphaugh] lord register ; [Sir James Stewart of Goodtrees] lord advocate; [George Baillie of Jerviswood] lord treasurer depute; [Adam Cockburn] lord justice clerk; Francis Montgomerie; [Sir Patrick Johnston] lord provost of Edinburgh

1. NRS, PC1/53, 398.

2. NRS, PC1/53, 398.

1. NRS, PC1/53, 398.

2. NRS, PC1/53, 398.