Tag Archives: 11 October 1694

Order, 11 October 1694, Edinburgh

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Edinburgh the Eleventh october Jaj vjc nyntie four years

D1694/10/131

Order

Order anent the Records and Warrands of the Justice Court.

The Lords of their Majesties privy Councill Doe heirby Give order and Warrand to the Cheldrein of Mr Thomas Gordone sometime Clerk to the Justice Court and their tutors and Curators and to the Clerks of the district Courts named by him and their representatives, and all others havers of the Registers Records and warrands of the Justice Court or Circuits or district Courts To Deliver up the same to James Montgomrie of Langshaw present Clerk of the Justice Court and that upon their oathes to be taken in presence of […] And Ordaines letters of horning to be direct heiron upon fiftein dayes at the instance of the said James Montgomrie and others if need bees in forme as effeirs.

Edinburgh the Eleventh october Jaj vjc nyntie four years

D1694/10/131

Order

Order anent the Records and Warrands of the Justice Court.

The Lords of their Majesties privy Councill Doe heirby Give order and Warrand to the Cheldrein of Mr Thomas Gordone sometime Clerk to the Justice Court and their tutors and Curators and to the Clerks of the district Courts named by him and their representatives, and all others havers of the Registers Records and warrands of the Justice Court or Circuits or district Courts To Deliver up the same to James Montgomrie of Langshaw present Clerk of the Justice Court and that upon their oathes to be taken in presence of […] And Ordaines letters of horning to be direct heiron upon fiftein dayes at the instance of the said James Montgomrie and others if need bees in forme as effeirs.

1. NRS, PC2/25, 73r.

1. NRS, PC2/25, 73r.

Act, 11 October 1694, Edinburgh

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Edinburgh the Eleventh october Jaj vjc nyntie four years

D1694/10/121

Act

Act Meinzies of Raw

Anent the petition given in to the Lords of their majesties privy Councill be William Minzies of Raw writter to the signet Shewing That wher William Meinzies of Castlehill and who was also propriator of the lands of Torrartoune haveing dyed on munday last and the saids lands of Forrartoune being provyded to the airs male and the petitioner being his appearand air male The petitioner has therby ane unquestionable right to his Chartor Chist and wrytes and evidents secured and the petitioner being informed that they are at present in the hands of Edward Meinzies writter in Lanerk, Robert Kennedy of Auctifardell or some other persones in that Countrey the petitioner was necessitate to make this applicatione to the saids Lords that the forsaid Chartor Chist and other wrytes and 2 evidents which did belong to the defunct may be ordered to be transmitted to and put in the hands of Mr John Mckenzie or Sir James Justice Clerks to the Sessione and in order therto It is absolutely necessar that the saids wrytes should be Inventared and which may be done by William Lowrie of Blaikwood, John Simervell of Spitell shireff depute of Lanerk and the said Edward Meinzies or any two of them, And seing the petitioners right and intrest to the forsaids Lands does depend upon the security of the forsaid wrytes, and that their Lordships are allwayes in use in paralell caises To Grant warrand for secureing of Chartor Chists which belongs to 3 defuncts and are in the hands and Custody of Strangers or others And Therfore humbly Craveing the saids Lords would take the premisses to their Consideratione and Grant their Commissione to the said William Lowrie of Blaikwood John Simervell of Spitle and the said Edward Meinzies or any two of them to Inventar the saids wrytes as alsoe to Grant ane warrand to Auchtifardell Edward Meinzies or others havers of the saids wrytes and evidents to produce the same to be inventared and therafter sequestrat in the hands of either of the saids Clerks of the sessione and for that effect that they transmitt the same upon the petitioners Chargas after they shall be Charged therto with Certificatione as the petition bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be William Meinzies of Raw They heirby allow the Laird of Auchtifardell and others havers of the above writtes to see and answer the same against the sixt day of november nixt, and in the mean time Recommands to the Lord Carmicheall to secure the above Chartor Chists and wrytes and evidents and to Cause Lock up the same and put his Lordships seall upon the Locks.

Edinburgh the Eleventh october Jaj vjc nyntie four years

D1694/10/121

Act

Act Meinzies of Raw

Anent the petition given in to the Lords of their majesties privy Councill be William Minzies of Raw writter to the signet Shewing That wher William Meinzies of Castlehill and who was also propriator of the lands of Torrartoune haveing dyed on munday last and the saids lands of Forrartoune being provyded to the airs male and the petitioner being his appearand air male The petitioner has therby ane unquestionable right to his Chartor Chist and wrytes and evidents secured and the petitioner being informed that they are at present in the hands of Edward Meinzies writter in Lanerk, Robert Kennedy of Auctifardell or some other persones in that Countrey the petitioner was necessitate to make this applicatione to the saids Lords that the forsaid Chartor Chist and other wrytes and 2 evidents which did belong to the defunct may be ordered to be transmitted to and put in the hands of Mr John Mckenzie or Sir James Justice Clerks to the Sessione and in order therto It is absolutely necessar that the saids wrytes should be Inventared and which may be done by William Lowrie of Blaikwood, John Simervell of Spitell shireff depute of Lanerk and the said Edward Meinzies or any two of them, And seing the petitioners right and intrest to the forsaids Lands does depend upon the security of the forsaid wrytes, and that their Lordships are allwayes in use in paralell caises To Grant warrand for secureing of Chartor Chists which belongs to 3 defuncts and are in the hands and Custody of Strangers or others And Therfore humbly Craveing the saids Lords would take the premisses to their Consideratione and Grant their Commissione to the said William Lowrie of Blaikwood John Simervell of Spitle and the said Edward Meinzies or any two of them to Inventar the saids wrytes as alsoe to Grant ane warrand to Auchtifardell Edward Meinzies or others havers of the saids wrytes and evidents to produce the same to be inventared and therafter sequestrat in the hands of either of the saids Clerks of the sessione and for that effect that they transmitt the same upon the petitioners Chargas after they shall be Charged therto with Certificatione as the petition bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be William Meinzies of Raw They heirby allow the Laird of Auchtifardell and others havers of the above writtes to see and answer the same against the sixt day of november nixt, and in the mean time Recommands to the Lord Carmicheall to secure the above Chartor Chists and wrytes and evidents and to Cause Lock up the same and put his Lordships seall upon the Locks.

1. NRS, PC2/25, 72r-72v.

2. One illegible word scored out here.

3. The word ‘the’ scored out here.

1. NRS, PC2/25, 72r-72v.

2. One illegible word scored out here.

3. The word ‘the’ scored out here.

Act, 11 October 1694, Edinburgh

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Edinburgh the Eleventh october Jaj vjc nyntie four years

D1694/10/111

Act

Act The Creditors of Hunters of Muirhouse

Anent a Petition given in to the Lords of their majesties privy Councill be Sir John Hall late provest of Edinburgh, Sir James Oswald of Fingltoune Mr William Aikman master David Forbes Mr David Dunmuir Mr William Calderwood Mr James Lessly and Mr John Mowat advocats, John Hamiltone Robert Sandilands, James Cleilland Thomas Young merchants Mr John Cameron, Master Andrew Urie, Mr William Hamiltone, Mr John Alexander Mr Patrick Trent ministers Mr Thomas Aikman Mr Androw Balfour Mr James Lessly, Nicoll Sumervell Master Androw Handisyde wryters and many others besides widowes and Orphans and the kirk sessione of St Cuthberts all Creditors to the deceast Mr James Hunter of Muirhouse and Alexander Hunter his eldest sone for themselves and in name of the said Mr James and Alexander Hunters their other Creditors Shewing That wher the said deceast Mr James Hunter of Muirhouse haveing Lived in so great Credit to the very last That in sixtein moneths Imediatly preceiding his death, He borrowed upwards of ane hundred thousand punds, and which with the bulk of his other debts, that are pretended to be due and written doune with his oun hand as such amount to upwards of Two hundred and threty Thousand merks, And by which soumes of money So borrowed, and upwards of seventy thousand merks that is notourly knowen he hade of Estate when he entered in mariadge with his first wyfe besides the Ten Thousand punds he got by his eldest sones Mariadge and fiftein thousand merks by the Annuity payable to his second wife, In all upwards of thrie hundreth and fourtie thousand merks It might be rationally supposed that a man so extreamly frugall and accurat in all his bussines as the defunct was, and who in all his life sustained no Considerable Losses by accidents Or otherwayes should have had some fond or estate Suitable to such great borrowings and incomes Nevertheless and to the great surprisall of all men alse weell of his Creditors, The fond of his estate is pretended to amount to no more then about ane hundred thousand punds Scots in value wherthrow and be reasone of a great many Concurring Circumstances the Creditors have Just reasone to suspect that the defuncts means and estate is either industreously Conveyed in defraud of the Creditors or otherwayes Imbazled and supprest In Respect that primo as by the note of debts under the defuncts hands his borrowings this sixtein last 2 moneths amounted to about ane hundred thousand punds So are ther persones that can depone that in august last they saw to their great admiratione the defunct have Shotles in his Cabinet quherof one was full of Guinies and the other full of half guinies besides severall great baggs of money Secundo that his relict was knowen to have Laboured night and day for a moneth or twentie dayes time before the defuncts decease in Conveying of things out of the house by the assistance of her trusties and Confidents and that the said relict has within these severall years bygone at least since she was the defuncts wyfe Lent out Considerable soumes of money in the name of Confidents or trusties or to the behoove of her Cheldrein by the first mariadge Tertio that the persones were seen Carieing out baggs or pocks full of papers out of the defuncts house some nights before he dyed, which must necessarly have been the rights and evidents of his fortune,3 either reall or personall not yet discovered Quarto that the defuncts sone in law and other relationes though not havers of the writtes and evidents of his fortune yet are Justly presumable to know wher such writtes are, or at least that they are able to make some discovery upon oath of the defuncts estate either heritaball or moveaball reall or personall, and seing the matter is of great Importance to the Creditors and that in this case ane sumar alse weell as extraordinary Courses are absolutely neccessary for discovering of such fraudelent practisses as are Justly to be suspect here, And that the delaying of matters till the doune sitting of the sessione may what by the decease of the relict who is ane aged and tenderwoman and by the oppertunity that others may take to withdraw themselves or Carie on the Conveyance somewhat farder Tend to the butter disappointment of the Creditors forever; And Therfore Humbly Craving the saids Lords not only to Grant warrand to any of their Lordships number they thought fitt or to Recomend to the shiref depute of this shirefdome, or to any other of the magistrates of Edinburgh within whose Jurisdiction the defunct or his said eldest sone their wrytes and evidents may be suspected to be, to goe alongst with the petitioners and give inspectione and Inventar therof to them and for that end to make patent and upon all Lock fast doors Chists Coffers Cabinets and others quherin any of the saids wrytes and evidents are suspected to be wherever the same shall be found, But likewayes that their Lordships would be pleased to Grant warrand to cite before any of their Lordships number they thought fitt to appoint, or recomend to the said shireff or Baillies To Cite before them all such persones as the Creditors have therwith given in a list of or afterwards by discovery shall Condescent upon and that forgiveing their oathes upon what the know of the Conveyance or Imbazlment of any part of the defuncts estate or means or of the fond and points that the same Consisted of or of the abstracting of the deficients wrytes or rights of any part of his estate whatsomever or any part of his Compt books, and that upon Such pertinent Interogattors as the petitioners Shall give in and alsoe that they would Recomend to the said shiref depute or baillies to take the wholl Creditors oathes upon the Justnes and veritie of their debts, least by Conveyances4 the benefit of their oathes may be Lost as the petition bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the Creditors of the deceast Mr James Hunter of Muirhouse and Alexander Hunter his sone They heirby Recomend to Sir James Stewart their Majesties advocat And Gives order and warrand to Mr Archibald Sinclair advocat one of the shiref deputs of Edinburgh or any one of the present magistrats of Edinburgh to cite before them or any one of them all such persones as the saids Creditors presently doe or heirafter shall Condescend upon, and to take the oathes of the saids persones so to be Condescended upon as to what they know of the Contryvance or Imbazlements of any part of the said deceast Mr James Hunter or the said Alexander Hunter his sone their estates or meanes or of the fonds or points which the same Consisted off, or of the abstracting of the said Mr James or his said sone their wrytes evidents or securities of any part of their estates or any part of their Compt books and upon such pertinent interrogators as the petitioners or other Creditors shall give in, and also to take the oathes of the wholl Creditors upon the Justice verity and quantitie of their debts least by Conveyance the benefitt of their oathes may be lost, And incaice It shall appear by the oathes of the saids persones or any of them wher the wrytes evidents or securities of the defunct or his said sone their estate or any part therof or any of them are, or wher their accompt books or any of them are Then and in that caise the saids Lords doe heirby Give Order and Warrand to the said Mr Archibald Sinclair or any one of the saids present magistrats of Edinburgh To goe allongst with and give inspectione to the petitioners Or the other Creditors of the said deceast Mr James Hunter or Alexander Hunters their saids wrytes evidents or securities of their saids estates or Compt books wher ever the samen shall be deponed to be and to make Inventar therof, with power for that end to make open and patent all Lockfast doors Chists Cabinetts Coffers and others quherin any of the saids writtes evidents securities or Compt books are.

Edinburgh the Eleventh october Jaj vjc nyntie four years

D1694/10/111

Act

Act The Creditors of Hunters of Muirhouse

Anent a Petition given in to the Lords of their majesties privy Councill be Sir John Hall late provest of Edinburgh, Sir James Oswald of Fingltoune Mr William Aikman master David Forbes Mr David Dunmuir Mr William Calderwood Mr James Lessly and Mr John Mowat advocats, John Hamiltone Robert Sandilands, James Cleilland Thomas Young merchants Mr John Cameron, Master Andrew Urie, Mr William Hamiltone, Mr John Alexander Mr Patrick Trent ministers Mr Thomas Aikman Mr Androw Balfour Mr James Lessly, Nicoll Sumervell Master Androw Handisyde wryters and many others besides widowes and Orphans and the kirk sessione of St Cuthberts all Creditors to the deceast Mr James Hunter of Muirhouse and Alexander Hunter his eldest sone for themselves and in name of the said Mr James and Alexander Hunters their other Creditors Shewing That wher the said deceast Mr James Hunter of Muirhouse haveing Lived in so great Credit to the very last That in sixtein moneths Imediatly preceiding his death, He borrowed upwards of ane hundred thousand punds, and which with the bulk of his other debts, that are pretended to be due and written doune with his oun hand as such amount to upwards of Two hundred and threty Thousand merks, And by which soumes of money So borrowed, and upwards of seventy thousand merks that is notourly knowen he hade of Estate when he entered in mariadge with his first wyfe besides the Ten Thousand punds he got by his eldest sones Mariadge and fiftein thousand merks by the Annuity payable to his second wife, In all upwards of thrie hundreth and fourtie thousand merks It might be rationally supposed that a man so extreamly frugall and accurat in all his bussines as the defunct was, and who in all his life sustained no Considerable Losses by accidents Or otherwayes should have had some fond or estate Suitable to such great borrowings and incomes Nevertheless and to the great surprisall of all men alse weell of his Creditors, The fond of his estate is pretended to amount to no more then about ane hundred thousand punds Scots in value wherthrow and be reasone of a great many Concurring Circumstances the Creditors have Just reasone to suspect that the defuncts means and estate is either industreously Conveyed in defraud of the Creditors or otherwayes Imbazled and supprest In Respect that primo as by the note of debts under the defuncts hands his borrowings this sixtein last 2 moneths amounted to about ane hundred thousand punds So are ther persones that can depone that in august last they saw to their great admiratione the defunct have Shotles in his Cabinet quherof one was full of Guinies and the other full of half guinies besides severall great baggs of money Secundo that his relict was knowen to have Laboured night and day for a moneth or twentie dayes time before the defuncts decease in Conveying of things out of the house by the assistance of her trusties and Confidents and that the said relict has within these severall years bygone at least since she was the defuncts wyfe Lent out Considerable soumes of money in the name of Confidents or trusties or to the behoove of her Cheldrein by the first mariadge Tertio that the persones were seen Carieing out baggs or pocks full of papers out of the defuncts house some nights before he dyed, which must necessarly have been the rights and evidents of his fortune,3 either reall or personall not yet discovered Quarto that the defuncts sone in law and other relationes though not havers of the writtes and evidents of his fortune yet are Justly presumable to know wher such writtes are, or at least that they are able to make some discovery upon oath of the defuncts estate either heritaball or moveaball reall or personall, and seing the matter is of great Importance to the Creditors and that in this case ane sumar alse weell as extraordinary Courses are absolutely neccessary for discovering of such fraudelent practisses as are Justly to be suspect here, And that the delaying of matters till the doune sitting of the sessione may what by the decease of the relict who is ane aged and tenderwoman and by the oppertunity that others may take to withdraw themselves or Carie on the Conveyance somewhat farder Tend to the butter disappointment of the Creditors forever; And Therfore Humbly Craving the saids Lords not only to Grant warrand to any of their Lordships number they thought fitt or to Recomend to the shiref depute of this shirefdome, or to any other of the magistrates of Edinburgh within whose Jurisdiction the defunct or his said eldest sone their wrytes and evidents may be suspected to be, to goe alongst with the petitioners and give inspectione and Inventar therof to them and for that end to make patent and upon all Lock fast doors Chists Coffers Cabinets and others quherin any of the saids wrytes and evidents are suspected to be wherever the same shall be found, But likewayes that their Lordships would be pleased to Grant warrand to cite before any of their Lordships number they thought fitt to appoint, or recomend to the said shireff or Baillies To Cite before them all such persones as the Creditors have therwith given in a list of or afterwards by discovery shall Condescent upon and that forgiveing their oathes upon what the know of the Conveyance or Imbazlment of any part of the defuncts estate or means or of the fond and points that the same Consisted of or of the abstracting of the deficients wrytes or rights of any part of his estate whatsomever or any part of his Compt books, and that upon Such pertinent Interogattors as the petitioners Shall give in and alsoe that they would Recomend to the said shiref depute or baillies to take the wholl Creditors oathes upon the Justnes and veritie of their debts, least by Conveyances4 the benefit of their oathes may be Lost as the petition bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the Creditors of the deceast Mr James Hunter of Muirhouse and Alexander Hunter his sone They heirby Recomend to Sir James Stewart their Majesties advocat And Gives order and warrand to Mr Archibald Sinclair advocat one of the shiref deputs of Edinburgh or any one of the present magistrats of Edinburgh to cite before them or any one of them all such persones as the saids Creditors presently doe or heirafter shall Condescend upon, and to take the oathes of the saids persones so to be Condescended upon as to what they know of the Contryvance or Imbazlements of any part of the said deceast Mr James Hunter or the said Alexander Hunter his sone their estates or meanes or of the fonds or points which the same Consisted off, or of the abstracting of the said Mr James or his said sone their wrytes evidents or securities of any part of their estates or any part of their Compt books and upon such pertinent interrogators as the petitioners or other Creditors shall give in, and also to take the oathes of the wholl Creditors upon the Justice verity and quantitie of their debts least by Conveyance the benefitt of their oathes may be lost, And incaice It shall appear by the oathes of the saids persones or any of them wher the wrytes evidents or securities of the defunct or his said sone their estate or any part therof or any of them are, or wher their accompt books or any of them are Then and in that caise the saids Lords doe heirby Give Order and Warrand to the said Mr Archibald Sinclair or any one of the saids present magistrats of Edinburgh To goe allongst with and give inspectione to the petitioners Or the other Creditors of the said deceast Mr James Hunter or Alexander Hunters their saids wrytes evidents or securities of their saids estates or Compt books wher ever the samen shall be deponed to be and to make Inventar therof, with power for that end to make open and patent all Lockfast doors Chists Cabinetts Coffers and others quherin any of the saids writtes evidents securities or Compt books are.

1. NRS, PC2/25, 69v-72r.

2. The word ‘week’ scored out here.

3. The words ‘yet are Justlie presumable to know wher such wrytes are or at least’ scored out here.

4. The letters ‘ances’ are an insertion.

1. NRS, PC2/25, 69v-72r.

2. The word ‘week’ scored out here.

3. The words ‘yet are Justlie presumable to know wher such wrytes are or at least’ scored out here.

4. The letters ‘ances’ are an insertion.

Decreet, 11 October 1694, Edinburgh

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Edinburgh the Eleventh october Jaj vjc nyntie four years

D1694/10/101

Decreet

Certificatione Ker contra Hoods

Anent the letter or Lybell raised and pursued before the Lords of their majesties privy Councill at the instance of Margrat Ker lawfull daughter to the deceast John Ker of Lochtour now spouse to John Hood sometime in Mersingtoune Makeing Mention That albeit by the Law of God, of nature and of nationes and particularly by the lawes and acts of parliament and dayly practise of this kingdome all husbands are bound Cherish mantaine and intertaine their wyfes in familly with themselves and to Co-habit in peace Love and amity with their saids wifes and to protect them from all injuries and provyde them in all things necessary and Comfortable to them, yet true it is that the said pursuer being in the year Jaj vjc nyntie maried to the said John Hood her present husband, after she hade been maried to two former husbands viz to Richard Lermounth of Whitlawhouse her first husband by whom she was provyded to and infeft in ane Lyfrent of six hundred merks scots furth of the lands of Whytlaw house and therafter to George Tully in Houndstounehaugh in the Countey of Northumberland in England her second husband By whom she was provyded in ane lyfrent of the lands of Houdonstoun haugh extending to ten punds sterling yearly and the pursuers said present husband haveing Continued to Co habit with 2 her some space untill the elicite from her a right to and gett himself waltered into the possession of her saids lyfrents he quickly therafter without any Just Cause or pretence most inhumanly and unnaturally did desert and forsaike the pursuer and his familly wandering up and doune from place to place without any setled residence or avade having most fraudelently before his desertione or forsaiking of her made ane unjust Conveyance of any right that he hade be vertue of his jus mariti to her former Joyntures To and in favor of Thomas Hood his sone, By which means and by the pursuers said husband and his sone their takeing from her a bond of six hundred merks granted by her brother to her and four rex dollers which her brother gave her in Charity she is redacted to sadd straits and deficulties and 3 instead of being provyded Comforted and Cherished by her siad husband she is robbed and spulzied and left in a desolate and sterving Conditione by his un naturall actings against her and will undoubtedly perish in want and miserie without the saids Lords of their majesties privy Councill provyde remeed therto, And it being both Just and reasonable That the pursuer should be supplied out of her former Joyntures seing her present husband is not able otherwayes to supply her and not that the samen should be waisted and spulzied by her husband who has no intrest therin But throw the pursuer And for this end that the saids Lords would ordaine the said six hundred merks For which the pursuer stands infeft in the saids lands of Whytlawhouse yearly to be payed to her for her aliement by the tennents and possessors therof dureing all the dayes of her lifetime and that termly at two termes in the year Whitsunday and mertimiss be equall portions Commenceing the first termes payment frae Whitsunday last as for the term preceiding at least she should be provyded which a Competent aliement out of her husbands estaite or her oune former Joyntures as the saids Lords of privy Councill shall find Just And Anent the Charge given to the said John and Thomas Hoods defenders To have Compeired personally before the saids Lords of their majesties privy Councill at ane Certaine day bygone To have answered to the grounds of the abovewritten Complaint and to have heard and seen ane Competent aliement modified to the said pursuer And such other order and Course taken theranent as the saids Lords should think fitt as in the forsaid lybell and executiones therof at more length is Contained Which lybell being this day4 Called in presence of the saids Lords of their majesties privy Councill, And the pursuer Compeiring personally with Mr Robert Bennet her advocat And the defenders being Lawfullie Cited Called and not Compeiring The saids Lord Grants Certificatione against the defenders In Respect of their absence and not Compeirance And Ordaines letters of denunciatione to be direct to macers or messengers at armes Comanding them to pass to the marcat Cross of […] and other places needfull and ther in their Majesties names and authoritie to duely Lawfullie and Orderly Denunce the said John and Thomas Hoods their Majesties rebells and put them to ther highnes horne escheat and inbring all their moveable goods and geir to their Majesties use for their Contempt and Disobedience.

Edinburgh the Eleventh october Jaj vjc nyntie four years

D1694/10/101

Decreet

Certificatione Ker contra Hoods

Anent the letter or Lybell raised and pursued before the Lords of their majesties privy Councill at the instance of Margrat Ker lawfull daughter to the deceast John Ker of Lochtour now spouse to John Hood sometime in Mersingtoune Makeing Mention That albeit by the Law of God, of nature and of nationes and particularly by the lawes and acts of parliament and dayly practise of this kingdome all husbands are bound Cherish mantaine and intertaine their wyfes in familly with themselves and to Co-habit in peace Love and amity with their saids wifes and to protect them from all injuries and provyde them in all things necessary and Comfortable to them, yet true it is that the said pursuer being in the year Jaj vjc nyntie maried to the said John Hood her present husband, after she hade been maried to two former husbands viz to Richard Lermounth of Whitlawhouse her first husband by whom she was provyded to and infeft in ane Lyfrent of six hundred merks scots furth of the lands of Whytlaw house and therafter to George Tully in Houndstounehaugh in the Countey of Northumberland in England her second husband By whom she was provyded in ane lyfrent of the lands of Houdonstoun haugh extending to ten punds sterling yearly and the pursuers said present husband haveing Continued to Co habit with 2 her some space untill the elicite from her a right to and gett himself waltered into the possession of her saids lyfrents he quickly therafter without any Just Cause or pretence most inhumanly and unnaturally did desert and forsaike the pursuer and his familly wandering up and doune from place to place without any setled residence or avade having most fraudelently before his desertione or forsaiking of her made ane unjust Conveyance of any right that he hade be vertue of his jus mariti to her former Joyntures To and in favor of Thomas Hood his sone, By which means and by the pursuers said husband and his sone their takeing from her a bond of six hundred merks granted by her brother to her and four rex dollers which her brother gave her in Charity she is redacted to sadd straits and deficulties and 3 instead of being provyded Comforted and Cherished by her siad husband she is robbed and spulzied and left in a desolate and sterving Conditione by his un naturall actings against her and will undoubtedly perish in want and miserie without the saids Lords of their majesties privy Councill provyde remeed therto, And it being both Just and reasonable That the pursuer should be supplied out of her former Joyntures seing her present husband is not able otherwayes to supply her and not that the samen should be waisted and spulzied by her husband who has no intrest therin But throw the pursuer And for this end that the saids Lords would ordaine the said six hundred merks For which the pursuer stands infeft in the saids lands of Whytlawhouse yearly to be payed to her for her aliement by the tennents and possessors therof dureing all the dayes of her lifetime and that termly at two termes in the year Whitsunday and mertimiss be equall portions Commenceing the first termes payment frae Whitsunday last as for the term preceiding at least she should be provyded which a Competent aliement out of her husbands estaite or her oune former Joyntures as the saids Lords of privy Councill shall find Just And Anent the Charge given to the said John and Thomas Hoods defenders To have Compeired personally before the saids Lords of their majesties privy Councill at ane Certaine day bygone To have answered to the grounds of the abovewritten Complaint and to have heard and seen ane Competent aliement modified to the said pursuer And such other order and Course taken theranent as the saids Lords should think fitt as in the forsaid lybell and executiones therof at more length is Contained Which lybell being this day4 Called in presence of the saids Lords of their majesties privy Councill, And the pursuer Compeiring personally with Mr Robert Bennet her advocat And the defenders being Lawfullie Cited Called and not Compeiring The saids Lord Grants Certificatione against the defenders In Respect of their absence and not Compeirance And Ordaines letters of denunciatione to be direct to macers or messengers at armes Comanding them to pass to the marcat Cross of […] and other places needfull and ther in their Majesties names and authoritie to duely Lawfullie and Orderly Denunce the said John and Thomas Hoods their Majesties rebells and put them to ther highnes horne escheat and inbring all their moveable goods and geir to their Majesties use for their Contempt and Disobedience.

1. NRS, PC2/25, 68r-69v.

2. The words ‘the profesione of her said lyfrents’ scored out here.

3. The word ‘beside’ scored out here.

4. The words ‘this day’ are an insertion.

1. NRS, PC2/25, 68r-69v.

2. The words ‘the profesione of her said lyfrents’ scored out here.

3. The word ‘beside’ scored out here.

4. The words ‘this day’ are an insertion.

Act, 11 October 1694, Edinburgh

Posted on by

Edinburgh the Eleventh october Jaj vjc nyntie four years

D1694/10/91

Act

Act The Viscountes of Arbuthnot

Anent the petition given in to the Lords of their Majesties privy Councill be Anna Viscountes of Arbuthnot for her self and her Childrein under age with Concourse of the Earle of Southerland her father Shewing That quher it pleased God lately to remove her husband by death which hapned throw a hote violent feaver the very time of the petitioners being in Child bed and Caried him of in a few dayes without his haveing made any previous nominatione of tutors or testament or provisions for his Cheldrein, But ther being about hi in his sickness his sister the Lady Leyes and Severall other of his relationes They thought fitt to take the advantadge of his incapacity, and the petitioners indispositione and to Cause him subscryve a testament Containeing a nominatione of Tutors and Certaine other deeds according to their oun pleasure and not only to the visible neglect of the petitioner the mother of all his Cheldrein and of all his relationes, But to the manifast prejudice of the petitioners eldest sone his air and of the petitioners haill other Cheldrein But these deeds having been subscryved by him by the forsaid Contrivance in the hight and rage of a fever and Immediatly after he hade suffered a great deliquium throw a Convulsive fitt and without so much as haveing been ever read or truely and distinctly Consented to by him Cannot possibly subsist in law, And Farder these deeds doe in themselves containe such obvious inconsistancies as may plainely eneough evince after what maner they were elicit, For first altho ther be a nominatione of no less then nyne tutors yet nether is the mother the petitioner, nor any of her relationes noticed to be one of them, Secundo some of the tyme that they have Caused him name did Grossly malverse in the manadgment of his estate, which he gave them in his oun life, and quherof he himself was very sencible Tertio of the nyne tutors he makes thrie a quorum without any sinc quo non, so that the tutory may inavoidably fall in thrie quorums Quarto they Cause him expressly take from the petitioner the Custody and keeping of all her Childrein albeit four of them be under fyve years of age and her eldest sone not yet Eight and five of them daughters and two only sones, and this they have done So rudely and unnatureally (for far be it for any to think that this were her husbands deed) that they have not so much as given the petitioner the Custody of one of her Cheldreen even dureing her widow head Quinto they have made him appoint not only very small but strange and unequall provisions for his Cheldrein as thrie Thousand merks to ane elder daughter and Six Thousand merks per peice to two Immediatly younger Sexto The the2 appointments for the petitioners Cheldreins aliement be very hard and insuficient yet they make their father adjure them under the paine of his Curse not to come in the Contrary of what they call his will and pleasure And Lastly the appointments of the aliement are made So inconsiderable that some of the Cheldrein have almost a double more aliement in their younger years then the rent of their portiones that comes in Leiw therof in their elder years By which inconsistancies and absurdities It may plainely eneough appear that her deceast husband Could have Litle or no understanding for the time of what they made him doe But as these things were Contrived as said is, So not only was the petitioner removed by them (and rudely enough) at the doeing therof But it is very Certaine that he gave no directione for the wryting nor were the papers then written read to him or was he in any caice to understand them tho read nor Could he of himself signe them bot in effect hade his hand sett and led to them by one of the witnesses Upon all which grounds the petitioner according to his intrest of blood for her self and her said other Cheldrein raised reductione before the Lords of Sessione of the forsaid deeds But tho these pretended tutors have furnished them with a farder argument to remove them as suspect (albeit the forsaid nominatione were not null) by their presumeing to intromitt with papers and wrytes and the Charter Chist and other things before making Inventar yet they still persist to pretend to and exerce the forsaid office and have given Citationes to make Inventaries of the estate and wrytes and alsoe they threaten to take from the petitioner her Childreen and to remove her from her husbands house to a house they will Call the petitioners Joyntur house tho not all in repair or habitable So that the petitioner is necessitate in a caice so hardly Circumstantiat and which admitts of no delay now in this vaccatione time to apply to the saids Lords for a necessary and therfore doubtless a Just remeedie And seing it is weell knowen and obvious what prejudice the petitioner and her poor Cheldrein may sustaine by the methods that these unkynd freinds have taken and by their prosecuteing and Improveing of the same and that now in this time of vacatione the petitioner has no remeedie and that even tho the sessione were sett the reductione the petitioner has intended must have termes and may abyde a long proces In which interim these pretended tutors (wherof five only and these the least desyreable of them have accepted) may doe such hurt and prejudice as ought in all reasone to be prevented And Therfore humbly Complicating the saids Lords to the effect aftermentioned The Lords of their majesties privy Councill having Considered this petitione given in to them be the Viscountes of Arbuthnot and answers made therto for Sir Thomas Burnet of Leyes They heirby prohibit and Discharge the tutors nominat by the deceast Viscount of Arbuthnot to midle with the viscounts writts or Chartor Chist or take from the Viscountes the Custody of her Cheldrein or to remove her from the house of Arbuthnot or anywayes to trouble or molest her in the Custody and keeping of her said Cheldrein or in the peacable possession of the said housses untill the first day of december nixt to come And in the mean time Recomends to the Lords Ross and Polwarth The Lord Advocat and Lord Justice Clerk to meet with both parties or to hear and Consider what may be said for them, And indeavor to setle and agree them and incaice of deficulty to report to the Councill And Declairs any thrie of the saids Lords to be a suficient quorum.

Edinburgh the Eleventh october Jaj vjc nyntie four years

D1694/10/91

Act

Act The Viscountes of Arbuthnot

Anent the petition given in to the Lords of their Majesties privy Councill be Anna Viscountes of Arbuthnot for her self and her Childrein under age with Concourse of the Earle of Southerland her father Shewing That quher it pleased God lately to remove her husband by death which hapned throw a hote violent feaver the very time of the petitioners being in Child bed and Caried him of in a few dayes without his haveing made any previous nominatione of tutors or testament or provisions for his Cheldrein, But ther being about hi in his sickness his sister the Lady Leyes and Severall other of his relationes They thought fitt to take the advantadge of his incapacity, and the petitioners indispositione and to Cause him subscryve a testament Containeing a nominatione of Tutors and Certaine other deeds according to their oun pleasure and not only to the visible neglect of the petitioner the mother of all his Cheldrein and of all his relationes, But to the manifast prejudice of the petitioners eldest sone his air and of the petitioners haill other Cheldrein But these deeds having been subscryved by him by the forsaid Contrivance in the hight and rage of a fever and Immediatly after he hade suffered a great deliquium throw a Convulsive fitt and without so much as haveing been ever read or truely and distinctly Consented to by him Cannot possibly subsist in law, And Farder these deeds doe in themselves containe such obvious inconsistancies as may plainely eneough evince after what maner they were elicit, For first altho ther be a nominatione of no less then nyne tutors yet nether is the mother the petitioner, nor any of her relationes noticed to be one of them, Secundo some of the tyme that they have Caused him name did Grossly malverse in the manadgment of his estate, which he gave them in his oun life, and quherof he himself was very sencible Tertio of the nyne tutors he makes thrie a quorum without any sinc quo non, so that the tutory may inavoidably fall in thrie quorums Quarto they Cause him expressly take from the petitioner the Custody and keeping of all her Childrein albeit four of them be under fyve years of age and her eldest sone not yet Eight and five of them daughters and two only sones, and this they have done So rudely and unnatureally (for far be it for any to think that this were her husbands deed) that they have not so much as given the petitioner the Custody of one of her Cheldreen even dureing her widow head Quinto they have made him appoint not only very small but strange and unequall provisions for his Cheldrein as thrie Thousand merks to ane elder daughter and Six Thousand merks per peice to two Immediatly younger Sexto The the2 appointments for the petitioners Cheldreins aliement be very hard and insuficient yet they make their father adjure them under the paine of his Curse not to come in the Contrary of what they call his will and pleasure And Lastly the appointments of the aliement are made So inconsiderable that some of the Cheldrein have almost a double more aliement in their younger years then the rent of their portiones that comes in Leiw therof in their elder years By which inconsistancies and absurdities It may plainely eneough appear that her deceast husband Could have Litle or no understanding for the time of what they made him doe But as these things were Contrived as said is, So not only was the petitioner removed by them (and rudely enough) at the doeing therof But it is very Certaine that he gave no directione for the wryting nor were the papers then written read to him or was he in any caice to understand them tho read nor Could he of himself signe them bot in effect hade his hand sett and led to them by one of the witnesses Upon all which grounds the petitioner according to his intrest of blood for her self and her said other Cheldrein raised reductione before the Lords of Sessione of the forsaid deeds But tho these pretended tutors have furnished them with a farder argument to remove them as suspect (albeit the forsaid nominatione were not null) by their presumeing to intromitt with papers and wrytes and the Charter Chist and other things before making Inventar yet they still persist to pretend to and exerce the forsaid office and have given Citationes to make Inventaries of the estate and wrytes and alsoe they threaten to take from the petitioner her Childreen and to remove her from her husbands house to a house they will Call the petitioners Joyntur house tho not all in repair or habitable So that the petitioner is necessitate in a caice so hardly Circumstantiat and which admitts of no delay now in this vaccatione time to apply to the saids Lords for a necessary and therfore doubtless a Just remeedie And seing it is weell knowen and obvious what prejudice the petitioner and her poor Cheldrein may sustaine by the methods that these unkynd freinds have taken and by their prosecuteing and Improveing of the same and that now in this time of vacatione the petitioner has no remeedie and that even tho the sessione were sett the reductione the petitioner has intended must have termes and may abyde a long proces In which interim these pretended tutors (wherof five only and these the least desyreable of them have accepted) may doe such hurt and prejudice as ought in all reasone to be prevented And Therfore humbly Complicating the saids Lords to the effect aftermentioned The Lords of their majesties privy Councill having Considered this petitione given in to them be the Viscountes of Arbuthnot and answers made therto for Sir Thomas Burnet of Leyes They heirby prohibit and Discharge the tutors nominat by the deceast Viscount of Arbuthnot to midle with the viscounts writts or Chartor Chist or take from the Viscountes the Custody of her Cheldrein or to remove her from the house of Arbuthnot or anywayes to trouble or molest her in the Custody and keeping of her said Cheldrein or in the peacable possession of the said housses untill the first day of december nixt to come And in the mean time Recomends to the Lords Ross and Polwarth The Lord Advocat and Lord Justice Clerk to meet with both parties or to hear and Consider what may be said for them, And indeavor to setle and agree them and incaice of deficulty to report to the Councill And Declairs any thrie of the saids Lords to be a suficient quorum.

1. NRS, PC2/25, 66r-68r.

2. Sic.

1. NRS, PC2/25, 66r-68r.

2. Sic.

Act, 11 October 1694, Edinburgh

Posted on by

Edinburgh the Eleventh october Jaj vjc nyntie four years

D1694/10/81

Act

Act Robert Douglass

Anent a Petitione given in to the Lords of their Majesties privy Councill be Robert Douglas master of the soap manufactory of Leith Shewing That wher by the many Laudable Lawes made by their Majesties and their royall predecessors all maner of incouragment is granted in favors of manufactories and particularly by the twelth act thrid parliament of King Charles the Second It is Hierby statute and ordained that all matterialls quhatsomever usefull for manufactories that shall be Imported shall be free of Custome and excyss and other publict dues, And it is farder Declaired that any stock Imployed or to be Imployed for errecting and intertaineing any manufactories the same shall be free of all privat and publict taxes whatsomever and of all quartering and Levieing of souldiers and all the servants of the said Manufactories shall be free of watching and warding dureing their actuall service therin for the space of seven years after the date of the act upon the faith of which acts of parliament the petitioner has Imployed his stock and Credit in erecting the forsaid soap manufactory at Leith, not doubting but that he would Injoy all the priviledges allowed by Law to manufactories notwithstanding quherof the magistrats of Edinburgh upon pretext that the forsaid freedome is only indulged to manufactories for the Space of seven years from the date of the act which is the thretein of september Jaj vjc Eightie one, Doe Dayly Cess Tax and quarter upon the petitioner as upon the other unpriviledged inhabitants of Leith And seing that by the forsaid act of parliament ther is nothing more Clear then that the stocks Imployed for erecting manufactories And the Masters therof is free of all publict taxations and quartering whatsomever And that the seven years mentioned in the act has only relatione to the servants of the said manufactories their being free of uatching and warding dureing the said space, And that it is Imposible for the petitioner to entertaine the said manufactory without enjoying the forsaid priviledges And Therfore Humbly Craveing the saids Lords In Consideratione of the predicissors and of the act of parliament above cited To Declair that the petitioner and any stock he shall Imploy for the intertaineing the said manufactory Is and shall be free of all privat and publict taxes whatsoever and of all quartering and Levieing of soulders and to Discharge all persones concerned in quartering of souldiers and uplifting the publict taxes to trouble or molest the petitioner for or anent the same in time comeing as the petitione bears. The Lords of their majesties privy Councill haveing heard this petitione given in to them be the above Robert Douglas read in their presence They heirby allow the magistrats of Edinburgh to see and answer the same and the saids Lords Recomends to the Lord Viscount of Tarbatt and Sir James Stewart their Majesties advocat to Call for and hear the petitioner and also the magistrats of Edinburgh and indeavor to setle and agree both parties and incaice of Deficultie to report to the Councill at their meetting in november nixt And in the mean time Discharges all quartering Levieing of Souldiers of uplifting of Taxes against the petitioner and other members of the above Manufactory Untill the petitione and answers shall be made therto be advysed be the Councill And if ther be any quartering allready used Ordaines the partie to be instantly removed without quartering money.

Edinburgh the Eleventh october Jaj vjc nyntie four years

D1694/10/81

Act

Act Robert Douglass

Anent a Petitione given in to the Lords of their Majesties privy Councill be Robert Douglas master of the soap manufactory of Leith Shewing That wher by the many Laudable Lawes made by their Majesties and their royall predecessors all maner of incouragment is granted in favors of manufactories and particularly by the twelth act thrid parliament of King Charles the Second It is Hierby statute and ordained that all matterialls quhatsomever usefull for manufactories that shall be Imported shall be free of Custome and excyss and other publict dues, And it is farder Declaired that any stock Imployed or to be Imployed for errecting and intertaineing any manufactories the same shall be free of all privat and publict taxes whatsomever and of all quartering and Levieing of souldiers and all the servants of the said Manufactories shall be free of watching and warding dureing their actuall service therin for the space of seven years after the date of the act upon the faith of which acts of parliament the petitioner has Imployed his stock and Credit in erecting the forsaid soap manufactory at Leith, not doubting but that he would Injoy all the priviledges allowed by Law to manufactories notwithstanding quherof the magistrats of Edinburgh upon pretext that the forsaid freedome is only indulged to manufactories for the Space of seven years from the date of the act which is the thretein of september Jaj vjc Eightie one, Doe Dayly Cess Tax and quarter upon the petitioner as upon the other unpriviledged inhabitants of Leith And seing that by the forsaid act of parliament ther is nothing more Clear then that the stocks Imployed for erecting manufactories And the Masters therof is free of all publict taxations and quartering whatsomever And that the seven years mentioned in the act has only relatione to the servants of the said manufactories their being free of uatching and warding dureing the said space, And that it is Imposible for the petitioner to entertaine the said manufactory without enjoying the forsaid priviledges And Therfore Humbly Craveing the saids Lords In Consideratione of the predicissors and of the act of parliament above cited To Declair that the petitioner and any stock he shall Imploy for the intertaineing the said manufactory Is and shall be free of all privat and publict taxes whatsoever and of all quartering and Levieing of soulders and to Discharge all persones concerned in quartering of souldiers and uplifting the publict taxes to trouble or molest the petitioner for or anent the same in time comeing as the petitione bears. The Lords of their majesties privy Councill haveing heard this petitione given in to them be the above Robert Douglas read in their presence They heirby allow the magistrats of Edinburgh to see and answer the same and the saids Lords Recomends to the Lord Viscount of Tarbatt and Sir James Stewart their Majesties advocat to Call for and hear the petitioner and also the magistrats of Edinburgh and indeavor to setle and agree both parties and incaice of Deficultie to report to the Councill at their meetting in november nixt And in the mean time Discharges all quartering Levieing of Souldiers of uplifting of Taxes against the petitioner and other members of the above Manufactory Untill the petitione and answers shall be made therto be advysed be the Councill And if ther be any quartering allready used Ordaines the partie to be instantly removed without quartering money.

1. NRS, PC2/25, 65r-66r.

1. NRS, PC2/25, 65r-66r.

Sederunt, 11 October 1694, Edinburgh

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Edinburgh the Eleventh october Jaj vjc nyntie four years1

D1694/10/72

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Southerland; Earl of Strathmore; Earl of Lothian; Earl of Forfar; Lord Murray; Viscount Tarbat; Lord Raith; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Laird of Blackbarony; Laird of Stivenson; Laird of Pollock; Sir Thomas Livingston; Sir John Hall

Edinburgh the Eleventh october Jaj vjc nyntie four years1

D1694/10/72

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Southerland; Earl of Strathmore; Earl of Lothian; Earl of Forfar; Lord Murray; Viscount Tarbat; Lord Raith; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Laird of Blackbarony; Laird of Stivenson; Laird of Pollock; Sir Thomas Livingston; Sir John Hall

1. NRS, PC2/25, 65r.

2. NRS, PC2/25, 65r.

1. NRS, PC2/25, 65r.

2. NRS, PC2/25, 65r.

Commission by the Council, 11 October 1694, Edinburgh

Posted on by

At Edinburgh. Thursday the 11th October 1694

A1694/10/191

Commission by the Council

Commissione of Justiciary for trying Margaret Watt and Alexander Barrie

The Lords of their majesties privy Councill being informed That Margaret Watt lawful daughter to John Watt in Brightie and Alexander Barry Tennent to Balgay Is presently Prisoners in the tolbooth of Forfar as alleadged guilty of murdering of a child brought furth by the said Margaret and Considering that it will be a great daill of charges and expenceis to bring the said Margaret Watt and Alexander Barrie to this place in ordor to a tryall before the Lords Commissioners of Justiciarie besyds the severall Inconveniencies that may arryse by their transportatione and the said Lords lykewayes considering that this cryme cannot be tryed and judged by any persones in the Country without a warrand and Commissione from their Lordships for that effect and their Lordships being desyrous to have the said matter brought to a tryall That the persons guilty may receive condigne punishment and others may be deterred from Committing such cryms in tyme comeing They doe hereby give full pouer warrand and Commissione to Master William Aikman of Cairney Advocat shirriff Depute of the shirrifdome of Forfare George Lyone of Wester Ogille David Huntar of Burgesyde Hendry Lindsay of Cairne and Robert Davidsone of Balgay or any three of them who are hereby declared to be a quorum The said Master William Aikmane shirriff Deput, being alwayes one of the said three, To take tryall of and to Judge and doe Justice upon the said Margaret Watt and Alexander Barrie presentlie prisoners in the said Tolbooth for the said Cryme and in ordor therto To meet and conveen at Forfar the nynteenth day of October instant and there to accept of this present Commissione and upon their acceptance to administrate the oath of fidelity to the persone whom James Montgomerie of Langshaw Clerk to the Justice Court, shall deput and substitut to be Clerk to this present Commissione and if the said James Montgomrie shall neglect or delay To deput and substitut a Clerk as said is, being requyred thereto With power to the said Commissioners or their said quorum To Choise their owne Clerk for whom they shall be answerable With power lykewayes to the persones hereby Commissionat or the said quorum To Create make and constitut serjants Dempsters and other members of the said Court and to Issue owt and cause raise precepts on lybells of indytment at the instance of William Dickisone toune Clerk of Forfar procurator Fiscall for his majesties interest in the said matter against the said Margaret Watt and Alexander Barrie for ceitting them and the assysers and witneses in the ordinary manner and under the usuall paines and certificationes To compear before the said Commissioners hereby commissionat or their said quorum at Forfar the tuenty sexth day of october instant With full power also to them To amerciate and fyne the absent assysers and witnesses and the amerciaments and fynes to uplift for their owne use and behoofe, and to adjourne themselves from tyme to tyme to the effect that the pannells being fully heared The said commissioners of their said quorum may judge and determine the relevancie of the lybell and To call ane inqueist of fourty fyve persones who are to be ceitted on the assyse of the said persones and out of that number To choyse ane assyse of fifteen and to administrat to them the ordinary oathe in the usuall termes And with power also to the said Commissioners or their said quorum to examine the witnesses ceitted in presence of the said pannells and sworne inqueist upon the poynts that shall be admitted to probatione and therafter to remitt the said lybell and interloquitor to be given by them anent the relevancie thereof and the depositiones of the Witnesses to be taken in maner foresaid to the knowledge of the said inqueist and assyse whom they appoynt to elect a Chancellor or precedent with a Clerk and after reading and perusall of the said Indytment interloquitor to be pronounced thereon and depositiones of the witnesses to be taken in presence of the said Pannells and assyse To find the lybell proven against the said pannells or to assoilzie them according to Law as they will answere to God and a good conscience, That they draw up their verdict accordingly and delyver the same sealled by the Hand of their Chancelor or precident To the said persones or their Quorum whom they hereby authorize and Commissionat to advyse the haill proces and verdict of the inqueist with the depositiones of the witnesses and to give and pronounce sentance condemnator or absolvitor in the said matter according to Justice and in case the said Judges shall find the pannells guilty of the cryme layed to their Charge With power to the said Commissioners or their said quorum to decerne and adjudge the said Pannells to be hanged or otherwayes execute within such space and after such manner as they shall think fitt And generally with full power to the said Commissioners or their said quorum to act doe and performe all and sundrie things whatsomever competent and incumbent to be acted done and performed by any Commissioners of Justiciary hereto nominate and appoynted by the said Lords of privey Councill and the said Lords appoynts the said Commissioners or their said quorum within the space of tuentie dayes after pronounceing and executeing of their sentance in this matter To report to the Lords Commissioners of Justitiary or to the Clerk of the Criminall Court ane Authentick extract under the Hands of their said sentance and the manner of executeing thereof to the effect the same may be recorded in the books of justiciary which the Clerk to the Criminall Court is hereby requyred to record therin as he shall be answerable Given at Edinburgh the eleventh day of October Jaj vjc nynty and Four years Sic subscributur Tweeddale Sutherland Strathmore Lothian Forfar Tarbat Polwarth Archibald Murray Robert Sinclair John Maxwell T Livingstone

At Edinburgh. Thursday the 11th October 1694

A1694/10/191

Commission by the Council

Commissione of Justiciary for trying Margaret Watt and Alexander Barrie

The Lords of their majesties privy Councill being informed That Margaret Watt lawful daughter to John Watt in Brightie and Alexander Barry Tennent to Balgay Is presently Prisoners in the tolbooth of Forfar as alleadged guilty of murdering of a child brought furth by the said Margaret and Considering that it will be a great daill of charges and expenceis to bring the said Margaret Watt and Alexander Barrie to this place in ordor to a tryall before the Lords Commissioners of Justiciarie besyds the severall Inconveniencies that may arryse by their transportatione and the said Lords lykewayes considering that this cryme cannot be tryed and judged by any persones in the Country without a warrand and Commissione from their Lordships for that effect and their Lordships being desyrous to have the said matter brought to a tryall That the persons guilty may receive condigne punishment and others may be deterred from Committing such cryms in tyme comeing They doe hereby give full pouer warrand and Commissione to Master William Aikman of Cairney Advocat shirriff Depute of the shirrifdome of Forfare George Lyone of Wester Ogille David Huntar of Burgesyde Hendry Lindsay of Cairne and Robert Davidsone of Balgay or any three of them who are hereby declared to be a quorum The said Master William Aikmane shirriff Deput, being alwayes one of the said three, To take tryall of and to Judge and doe Justice upon the said Margaret Watt and Alexander Barrie presentlie prisoners in the said Tolbooth for the said Cryme and in ordor therto To meet and conveen at Forfar the nynteenth day of October instant and there to accept of this present Commissione and upon their acceptance to administrate the oath of fidelity to the persone whom James Montgomerie of Langshaw Clerk to the Justice Court, shall deput and substitut to be Clerk to this present Commissione and if the said James Montgomrie shall neglect or delay To deput and substitut a Clerk as said is, being requyred thereto With power to the said Commissioners or their said quorum To Choise their owne Clerk for whom they shall be answerable With power lykewayes to the persones hereby Commissionat or the said quorum To Create make and constitut serjants Dempsters and other members of the said Court and to Issue owt and cause raise precepts on lybells of indytment at the instance of William Dickisone toune Clerk of Forfar procurator Fiscall for his majesties interest in the said matter against the said Margaret Watt and Alexander Barrie for ceitting them and the assysers and witneses in the ordinary manner and under the usuall paines and certificationes To compear before the said Commissioners hereby commissionat or their said quorum at Forfar the tuenty sexth day of october instant With full power also to them To amerciate and fyne the absent assysers and witnesses and the amerciaments and fynes to uplift for their owne use and behoofe, and to adjourne themselves from tyme to tyme to the effect that the pannells being fully heared The said commissioners of their said quorum may judge and determine the relevancie of the lybell and To call ane inqueist of fourty fyve persones who are to be ceitted on the assyse of the said persones and out of that number To choyse ane assyse of fifteen and to administrat to them the ordinary oathe in the usuall termes And with power also to the said Commissioners or their said quorum to examine the witnesses ceitted in presence of the said pannells and sworne inqueist upon the poynts that shall be admitted to probatione and therafter to remitt the said lybell and interloquitor to be given by them anent the relevancie thereof and the depositiones of the Witnesses to be taken in maner foresaid to the knowledge of the said inqueist and assyse whom they appoynt to elect a Chancellor or precedent with a Clerk and after reading and perusall of the said Indytment interloquitor to be pronounced thereon and depositiones of the witnesses to be taken in presence of the said Pannells and assyse To find the lybell proven against the said pannells or to assoilzie them according to Law as they will answere to God and a good conscience, That they draw up their verdict accordingly and delyver the same sealled by the Hand of their Chancelor or precident To the said persones or their Quorum whom they hereby authorize and Commissionat to advyse the haill proces and verdict of the inqueist with the depositiones of the witnesses and to give and pronounce sentance condemnator or absolvitor in the said matter according to Justice and in case the said Judges shall find the pannells guilty of the cryme layed to their Charge With power to the said Commissioners or their said quorum to decerne and adjudge the said Pannells to be hanged or otherwayes execute within such space and after such manner as they shall think fitt And generally with full power to the said Commissioners or their said quorum to act doe and performe all and sundrie things whatsomever competent and incumbent to be acted done and performed by any Commissioners of Justiciary hereto nominate and appoynted by the said Lords of privey Councill and the said Lords appoynts the said Commissioners or their said quorum within the space of tuentie dayes after pronounceing and executeing of their sentance in this matter To report to the Lords Commissioners of Justitiary or to the Clerk of the Criminall Court ane Authentick extract under the Hands of their said sentance and the manner of executeing thereof to the effect the same may be recorded in the books of justiciary which the Clerk to the Criminall Court is hereby requyred to record therin as he shall be answerable Given at Edinburgh the eleventh day of October Jaj vjc nynty and Four years Sic subscributur Tweeddale Sutherland Strathmore Lothian Forfar Tarbat Polwarth Archibald Murray Robert Sinclair John Maxwell T Livingstone

0. NRS, PC1/50, 29.

1. NRS, PC1/50, 27-9.

0. NRS, PC1/50, 29.

1. NRS, PC1/50, 27-9.

Act, 11 October 1694, Edinburgh

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At Edinburgh. Thursday the 11th October 1694

A1694/10/181

Act

Act Alexander Strachane

Anent the petitione given in to the Lords of his Majesties privie Councill by Alexander Strachane wryter in Edinburgh Shewing that where the said petitioner being imprisoned within the tolbooth of Edinburgh upon suspisione of haveing accessione to the escape of Master Alexander Irvine the petitioners brother in Law who stayed at his house and the Centenells who were sett over the said Mr Alexander and the petitioner haveing been examined by the magistrats of Edinburgh and ane Committee of the said Lords haveing reexamined the petitioner and considered the Centenells declarationes It is found that he had noe accessione to the said Master Alexander his escape and therfore it was the Commitees oppinione that the petitioner should be sett at Libertie upon his finding of Cautione for his appearance before the said Lords when called for etc and transmitting the bond of Cautionrie given for his wyfe from the Baillies of Edinburgh to the said Lords their Clerk and therfore humblie Craveing to the effect aftermentioned The Lords of their majesties privy Councill haveing considered the abovewryten petitione given in to them by the within named Alexander Strachane with a report of a Committee of their owne number appoynted in this matter Gives ordor and warrant to the Baillies of Edinburgh and their Clerk To transmitt to the Hands of the Clerks of privy councill the bond of Cautionrie taken by the said Baillie for […] spouse to the said petitioner And in respect the said bond is transmitted and the petitioner hes given bond and found sufficient Cautione acted in the books of privy Councill That he shall appear before the said Lords when called for and in the mean tyme That He shall live peaceablie under the present Government of their majesties King William and Queen Mary and that He shall not act consult nor contryve any thing in prejudice thereof, nor converse nor correspond with Rebells under the penaltie of two Hundred pound Sterling money The said Lords gave ordor and warrant to the magistrats of Edinburgh and keeper of their Tolbooth to set the petitioner at libertie furth thereof for which this shall be To all concerned a sufficient warrand

At Edinburgh. Thursday the 11th October 1694

A1694/10/181

Act

Act Alexander Strachane

Anent the petitione given in to the Lords of his Majesties privie Councill by Alexander Strachane wryter in Edinburgh Shewing that where the said petitioner being imprisoned within the tolbooth of Edinburgh upon suspisione of haveing accessione to the escape of Master Alexander Irvine the petitioners brother in Law who stayed at his house and the Centenells who were sett over the said Mr Alexander and the petitioner haveing been examined by the magistrats of Edinburgh and ane Committee of the said Lords haveing reexamined the petitioner and considered the Centenells declarationes It is found that he had noe accessione to the said Master Alexander his escape and therfore it was the Commitees oppinione that the petitioner should be sett at Libertie upon his finding of Cautione for his appearance before the said Lords when called for etc and transmitting the bond of Cautionrie given for his wyfe from the Baillies of Edinburgh to the said Lords their Clerk and therfore humblie Craveing to the effect aftermentioned The Lords of their majesties privy Councill haveing considered the abovewryten petitione given in to them by the within named Alexander Strachane with a report of a Committee of their owne number appoynted in this matter Gives ordor and warrant to the Baillies of Edinburgh and their Clerk To transmitt to the Hands of the Clerks of privy councill the bond of Cautionrie taken by the said Baillie for […] spouse to the said petitioner And in respect the said bond is transmitted and the petitioner hes given bond and found sufficient Cautione acted in the books of privy Councill That he shall appear before the said Lords when called for and in the mean tyme That He shall live peaceablie under the present Government of their majesties King William and Queen Mary and that He shall not act consult nor contryve any thing in prejudice thereof, nor converse nor correspond with Rebells under the penaltie of two Hundred pound Sterling money The said Lords gave ordor and warrant to the magistrats of Edinburgh and keeper of their Tolbooth to set the petitioner at libertie furth thereof for which this shall be To all concerned a sufficient warrand

0. NRS, PC1/50, 21.

1. NRS, PC1/50, 26.

0. NRS, PC1/50, 21.

1. NRS, PC1/50, 26.

Act, 11 October 1694, Edinburgh

Posted on by

At Edinburgh. Thursday the 11th October 1694

A1694/10/171

Act

Act of banishment Daveill and Seatone tuo Preists

The Lords of their majesties privy Councill Doe hereby banish Francis Darveill and Master James Seatone Preists or suspect to be so furth of this Kingdome In respect they have consented therto under their hands and Discharged them to returne within the same at any tyme hereafter without their Majesties or the Councills warrand for that effect under the paine of death and Ordains them to transport themselves with the first ships or fleet that shall goe for the Netherlands and Gives ordor and warrant to the Magistrats of Edinburgh and Keeper of their Tolbooth to sett them at Libertie furth thereof They first giving bond and finding sufficient Cautione acted in the books of privey Councill that they shall depart furth of this Kingdome with the said fleit and that they shall remaine on this syde of the water of Forth and not goe to the other syde thereof dureing their aboad in Scotland each of them under the paine of ane Hundred pound sterling a peice in case they transgress in any part of the premisses

At Edinburgh. Thursday the 11th October 1694

A1694/10/171

Act

Act of banishment Daveill and Seatone tuo Preists

The Lords of their majesties privy Councill Doe hereby banish Francis Darveill and Master James Seatone Preists or suspect to be so furth of this Kingdome In respect they have consented therto under their hands and Discharged them to returne within the same at any tyme hereafter without their Majesties or the Councills warrand for that effect under the paine of death and Ordains them to transport themselves with the first ships or fleet that shall goe for the Netherlands and Gives ordor and warrant to the Magistrats of Edinburgh and Keeper of their Tolbooth to sett them at Libertie furth thereof They first giving bond and finding sufficient Cautione acted in the books of privey Councill that they shall depart furth of this Kingdome with the said fleit and that they shall remaine on this syde of the water of Forth and not goe to the other syde thereof dureing their aboad in Scotland each of them under the paine of ane Hundred pound sterling a peice in case they transgress in any part of the premisses

0. NRS, PC1/50, 21.

1. NRS, PC1/50, 25.

0. NRS, PC1/50, 21.

1. NRS, PC1/50, 25.