Act, 13 June 1704, Edinburgh

Edinburgh the 13th June 1704

D1704/6/51

Act

Act Infavours of Thomas Maxwell of Gelstoun

Anent the petition given in and presented to the Lords of Her Majesties Privie Councill By Thomas Maxwell of Gelstoun. Shewing That Sir George Maxwell of Orchardtoun the petitioners Nephew haveing apostatised frae the Protestant Religion, The petitioner Did upon the late act of Parliament Raise ane Summonds of Declarator before the Lords of Session, To hear and see it found and Declared that by his apostatising from the protestant Religion he had ammitted and forfault the benefite of succession to Sir Robert Maxwell of Orchardtoun his father (the petitioners brother) and that the right of his Estate Devolved upon the petitioner as the nixt Protestant heir, and that he ought to be served heir as if Sir George were naturally dead. And alse the said Sir George to hear and see himselfe Decerned to pay to the petitioner Six Thousand merks as ayears valued rent of his Estate for imploying George Maxwell of Munches a known papist to be his factor. As also the said Sir George in Five hundered merks for accepting therof, The said George Maxwell finding that he would be reatched for accepting the said factory, he out of Malice hes raised a Lauborrowes before your Lordships at his instance and at Orchardstouns instance (albeit he be out of the Kingdome) and at the instance of Severall others against him and his sone The petitioner and his son haveing offered a Bill of suspension the same is past, and ther Lordships Clerks refuses to accept of the Caution they have offered And therefore Craveing there Lordships To ordaine there Clerks either to accept of the Caution offered or to accept of the petitioners and his son each of them for others. Seeing by what is above represented the forsaid Lauborrowes is raised out of meer malice, for the petitioner is a man past seventy and not in a Condition to enquire any persone As the said petition Bears. The Lords of Her Majesties privie Councill Haveing considered the petition given into them By Thomas Maxwell of Gelstoun. And the samen being Read in there presence. The saids Lords Doe hereby Impower appoint and Ordaine there Clerks to receave the Bond of Cautionrie in the Suspension of Lauborrowes granted by William Grierson in Bargatoun and James Livingstoun of Qumtenespie as Cautioners for the petitioner and his sone dated the second day of May Jaj vic and four years And appoints and ordaines the petitioner and his said sone to give in with the forsaid Bond ane other vond to be granted ilk ane of them as Cautioners for others. And appoints the suspension to be Expead Conforme.

Edinburgh the 13th June 1704

D1704/6/51

Act

Act Infavours of Thomas Maxwell of Gelstoun

Anent the petition given in and presented to the Lords of Her Majesties Privie Councill By Thomas Maxwell of Gelstoun. Shewing That Sir George Maxwell of Orchardtoun the petitioners Nephew haveing apostatised frae the Protestant Religion, The petitioner Did upon the late act of Parliament Raise ane Summonds of Declarator before the Lords of Session, To hear and see it found and Declared that by his apostatising from the protestant Religion he had ammitted and forfault the benefite of succession to Sir Robert Maxwell of Orchardtoun his father (the petitioners brother) and that the right of his Estate Devolved upon the petitioner as the nixt Protestant heir, and that he ought to be served heir as if Sir George were naturally dead. And alse the said Sir George to hear and see himselfe Decerned to pay to the petitioner Six Thousand merks as ayears valued rent of his Estate for imploying George Maxwell of Munches a known papist to be his factor. As also the said Sir George in Five hundered merks for accepting therof, The said George Maxwell finding that he would be reatched for accepting the said factory, he out of Malice hes raised a Lauborrowes before your Lordships at his instance and at Orchardstouns instance (albeit he be out of the Kingdome) and at the instance of Severall others against him and his sone The petitioner and his son haveing offered a Bill of suspension the same is past, and ther Lordships Clerks refuses to accept of the Caution they have offered And therefore Craveing there Lordships To ordaine there Clerks either to accept of the Caution offered or to accept of the petitioners and his son each of them for others. Seeing by what is above represented the forsaid Lauborrowes is raised out of meer malice, for the petitioner is a man past seventy and not in a Condition to enquire any persone As the said petition Bears. The Lords of Her Majesties privie Councill Haveing considered the petition given into them By Thomas Maxwell of Gelstoun. And the samen being Read in there presence. The saids Lords Doe hereby Impower appoint and Ordaine there Clerks to receave the Bond of Cautionrie in the Suspension of Lauborrowes granted by William Grierson in Bargatoun and James Livingstoun of Qumtenespie as Cautioners for the petitioner and his sone dated the second day of May Jaj vic and four years And appoints and ordaines the petitioner and his said sone to give in with the forsaid Bond ane other vond to be granted ilk ane of them as Cautioners for others. And appoints the suspension to be Expead Conforme.

1. NRS, PC2/28, 287r-287v.

1. NRS, PC2/28, 287r-287v.

Act, 13 June 1704, Edinburgh

Edinburgh the 13th June 1704

D1704/6/41

Act

Act Infavours of James Gordon

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By James Gordon Junior merchant in Aberdeen Shewing That where there Lordships petitioner as goeing from Harrige in England to Holland, was taken by ane French privateer and carried into Dunkirk, where he at present lyes prisoner By which accident he is keeped in sure firmance and therby rendered incapable to goe about his privat bussines as a merchant, And seeing that ther was lately a French Privateer taken by Captain Thomas Gordon, wherof the Captain and others of the Crew are detained here as prisoners by which any of the subjects of this nation who are or may happen to be taken by the French will have the occasion of being changed with them. Therefore the petitioner humbly begs leave to represent his case to ther Lordships That he being a subject of this nation goeing about his Laufull trade of Merchandizeing to Holland a place in amity and allyance with this Kingdome, And haveing been seased by the French in his voyadge may have the benefite of being exchanged, With the Captain, Livetennent or Master of the said privateer Conforme to the commone custome practised in such cases. And therfore Craveing to the effect aftermentioned as the said petition bears The Lords of Her Majesties Privie Councill Haveing considered the above petition given into them By James Gordon junior merchant in Aberdeen And the samen being read in there presence. The saids Lords Doe heirby Declare and Enact that how soon the petitioner shall be sett at liberty by the French, With full freedome to goe about his privat affaires, and have aveiled and authentick pass for that effect. That then the saids Lords will set at liberty Geraird Druyue Livetennent of the French privatteer taken by Captain Gordon in Scotland. With full liberty and freedome to him to return home. And the saids Lords Doe heirby appoint and Ordaine there Clerks of Councill, to give ane Extract of the forsaid petition and Interloquitor following theron under there hands and the seall of Councill to the effect forsaid.

Edinburgh the 13th June 1704

D1704/6/41

Act

Act Infavours of James Gordon

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By James Gordon Junior merchant in Aberdeen Shewing That where there Lordships petitioner as goeing from Harrige in England to Holland, was taken by ane French privateer and carried into Dunkirk, where he at present lyes prisoner By which accident he is keeped in sure firmance and therby rendered incapable to goe about his privat bussines as a merchant, And seeing that ther was lately a French Privateer taken by Captain Thomas Gordon, wherof the Captain and others of the Crew are detained here as prisoners by which any of the subjects of this nation who are or may happen to be taken by the French will have the occasion of being changed with them. Therefore the petitioner humbly begs leave to represent his case to ther Lordships That he being a subject of this nation goeing about his Laufull trade of Merchandizeing to Holland a place in amity and allyance with this Kingdome, And haveing been seased by the French in his voyadge may have the benefite of being exchanged, With the Captain, Livetennent or Master of the said privateer Conforme to the commone custome practised in such cases. And therfore Craveing to the effect aftermentioned as the said petition bears The Lords of Her Majesties Privie Councill Haveing considered the above petition given into them By James Gordon junior merchant in Aberdeen And the samen being read in there presence. The saids Lords Doe heirby Declare and Enact that how soon the petitioner shall be sett at liberty by the French, With full freedome to goe about his privat affaires, and have aveiled and authentick pass for that effect. That then the saids Lords will set at liberty Geraird Druyue Livetennent of the French privatteer taken by Captain Gordon in Scotland. With full liberty and freedome to him to return home. And the saids Lords Doe heirby appoint and Ordaine there Clerks of Councill, to give ane Extract of the forsaid petition and Interloquitor following theron under there hands and the seall of Councill to the effect forsaid.

1. NRS, PC2/28, 286r-287r.

1. NRS, PC2/28, 286r-287r.

Act, 13 June 1704, Edinburgh

Edinburgh the 13th June 1704

D1704/6/31

Act

Act Infavours of Charles Cookburn

Anent the petition given in and presented to the Lords of Her Majesties Privie Councill By Charles Cockburn son to Adam Cockburn of Ormistoun Shewing That where there Lordships petitioner goeing from Harwitch in England to Holland, was taken by a French privateir and carrid into Dunkirk, where he at present lies prisoner. And seeing that there was lately a French privateer Taken by Captain Thomas Gordon, Wherof the Captain and others of the Crew are detained here as prisoners. By which any of the subjects of this nation who are or may happen to be taken by the French will have the occasion of being exchanged with them Therfore the petitioner humbly begs leave to represent his case to these Lordships, That he may have the benefite of being exchanged with the Captain of the said privateer. And Therfore Craveing to the effect aftermentioned As the said petition Bears. The Lords of Her Majesties Privie Councill haueing considered the petition abovewryten given into them By Charles Cockburn son to Adam Cockburn of Ormistoun And the samen being read in there presence The saids Lords Doe hereby Declair and Enact that how soon the petitioner shall be sett at liberty by the French With full freedome to goe about his privat affaires and have a valid and authentick pass for that effect, That then the saids Lords will sett at Liberty Jacobus Soetenaey Captain of the French privateer taken by Captain Gordon in Scotland. With full liberty and freedome to him to return home. And the saids Lords, Doe heirby appoint and Ordaine there Clerks of Councill ane Extract of the forsaid petition and Interloquitor followeing theron under ther hands and the seall of Councill to the effect forsaid.

Edinburgh the 13th June 1704

D1704/6/31

Act

Act Infavours of Charles Cookburn

Anent the petition given in and presented to the Lords of Her Majesties Privie Councill By Charles Cockburn son to Adam Cockburn of Ormistoun Shewing That where there Lordships petitioner goeing from Harwitch in England to Holland, was taken by a French privateir and carrid into Dunkirk, where he at present lies prisoner. And seeing that there was lately a French privateer Taken by Captain Thomas Gordon, Wherof the Captain and others of the Crew are detained here as prisoners. By which any of the subjects of this nation who are or may happen to be taken by the French will have the occasion of being exchanged with them Therfore the petitioner humbly begs leave to represent his case to these Lordships, That he may have the benefite of being exchanged with the Captain of the said privateer. And Therfore Craveing to the effect aftermentioned As the said petition Bears. The Lords of Her Majesties Privie Councill haueing considered the petition abovewryten given into them By Charles Cockburn son to Adam Cockburn of Ormistoun And the samen being read in there presence The saids Lords Doe hereby Declair and Enact that how soon the petitioner shall be sett at liberty by the French With full freedome to goe about his privat affaires and have a valid and authentick pass for that effect, That then the saids Lords will sett at Liberty Jacobus Soetenaey Captain of the French privateer taken by Captain Gordon in Scotland. With full liberty and freedome to him to return home. And the saids Lords, Doe heirby appoint and Ordaine there Clerks of Councill ane Extract of the forsaid petition and Interloquitor followeing theron under ther hands and the seall of Councill to the effect forsaid.

1. NRS, PC2/28, 286r.

1. NRS, PC2/28, 286r.

Sederunt, 13 June 1704, Edinburgh

Edinburgh the 13th June 17041

D1704/6/22

Sederunt

Lord Chancellor; Marquis of Annandale P:C.; Duke of Atholl PS:; Earl of Mar; Earl of Buchan; Earl of Eglingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Northesk; Earl of Dunmore; Earl of Roseberry; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Halcraige; Lord Anstruther; Lord Rankillor; Lord Phesdo; Laird of Collingtoun; Laird of Carnwath; Lord Provost of Edinburgh

Edinburgh the 13th June 17041

D1704/6/22

Sederunt

Lord Chancellor; Marquis of Annandale P:C.; Duke of Atholl PS:; Earl of Mar; Earl of Buchan; Earl of Eglingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Northesk; Earl of Dunmore; Earl of Roseberry; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Halcraige; Lord Anstruther; Lord Rankillor; Lord Phesdo; Laird of Collingtoun; Laird of Carnwath; Lord Provost of Edinburgh

1. NRS, PC2/28, 285v.

2. NRS, PC2/28, 285v.

1. NRS, PC2/28, 285v.

2. NRS, PC2/28, 285v.

Procedure, 13 June 1704, Edinburgh

Att Edinburgh the Threttein day of June Jaj vijc and four years

A1704/6/121

Procedure

Recommendation to the Chancellor to wryt to the secretary of state anent the french prisoners being exchanged with scots

The Lords of Her Majesties privie Councill Doe hereby Recommend to the Lord High Chancellor, To wryt to the secretary of state for this Kingdome, That it may be laid before Her Majestie, To give orders to the Commissioners of Exchange of French prisoners, That the prisoners taken abroad of the French Privateir by Captain Gordon, may be exchanged with Scots men taken aboard of scots vessells now prisoners in France, And in the first place, with the Eight or Ten scots prisoners lyeing and detained at Dumant, taken aboard of a scots shipe and then with such scots prisoners as have been taken up in the English service, or aboard of English vessells, and that the Exchange of prisoners may be made accordingly.

Att Edinburgh the Threttein day of June Jaj vijc and four years

A1704/6/121

Procedure

Recommendation to the Chancellor to wryt to the secretary of state anent the french prisoners being exchanged with scots

The Lords of Her Majesties privie Councill Doe hereby Recommend to the Lord High Chancellor, To wryt to the secretary of state for this Kingdome, That it may be laid before Her Majestie, To give orders to the Commissioners of Exchange of French prisoners, That the prisoners taken abroad of the French Privateir by Captain Gordon, may be exchanged with Scots men taken aboard of scots vessells now prisoners in France, And in the first place, with the Eight or Ten scots prisoners lyeing and detained at Dumant, taken aboard of a scots shipe and then with such scots prisoners as have been taken up in the English service, or aboard of English vessells, and that the Exchange of prisoners may be made accordingly.

1. NRS, PC1/53, 249.

1. NRS, PC1/53, 249.

Warrant, 13 June 1704, Edinburgh

Att Edinburgh the Threttein day of June Jaj vijc and four years

A1704/6/111

Warrant

Warrand to the Lord Advocat to raise a proces at his instance Against Witches in Pitten-Weem

Anent the petition given in and presented to the Lords of Her Majesties Privie Councill By the Magistrats and Town Councill of Pittenweem, and Minister and Kirksession thereof Shewing That Where there being at present a great many malefices committed upon the person of Patrick Mortoun son to Patrick Mortoun Smith in Pittenweem by severall Witches now in prison there Wherof the greatest pairt have allready confest to them there guilt in tormenting the said Patrick, and of there compact with the Divell, and renunceing there Baptisme. They humbly crave liberty to give there Lordships the following Representation of the matter of fact, To effect there Lordships may grant a Commission to such as there Lordships think fitt, to take tryall of the persons who have confessed, and others against whom there are not only presumptions of guilt, But lykewayes a clear probation ready to be adduced. The matter of fact in short is as followes, In the begining of March last, The said Patrick Mortoun about Sixteen years of age and free of any known vice being imployed by his father to make some nails to a shape belonging to one of the Merchants in Pittenweem, When he was working in his fathers Smiddy One Beatrix Lang who is one of these who have confessed desired him to make some nails for her, which he modestly refused In regaird he had been already imployed to make the nails for the shipe which were in heast and could not abide any delay. Upon which answer Beatrix did shew agreat deall of discontent and went away threatning to be revenged which did some what frighten him Because He knew she was under a bad fame and reputed for a Witch of a Long tyme, The nixt day when he was passing the door of her house he observed a timber vessell with some Watter and a fire wall in it at the door, which made him apprehend, That it was a Charme laid for him, and the effects of her threatning. And immediately he was seised with such a weakness in his Limbs, That he could hardly stand or walk, And continued in a languishing condition till the first of May Last, And the Phisitians were imployed for his recovery yet no means they could use for his recovery had any effect, But still grew worse haveing no appetite and his bodie strangely emaciated. About the begining of May his case altered to the worse by haveing such strange and unusuall fitts as did astonish all onlookers His belly at some tymes was distented to a great hight at other times his breast and his back Were so distended, That the bones of his back and breast did ryse to a prodigious hight and suddenly fell, And in the mean time his breathing was lyke to the blowing of a Bellowes att other times his body became rigide and inflexable in so much that nether his arms nor legs could be bowed or moved by any Strength tho frequently tryed and all his senses benumned, And yet his pulse in good order, Att some times his head quit about or to his Shouldiers, and no Strength able to turn it back or repone it And was many time in griveous agonies, and sometimes in att other times his tongue drawn back in his throat Especiallie when his was telling who were his tormenters, And when either the Magistrats or Minister, Did bring in any of these women whom he had discovered to be his Tormentors, before they came within the door, he cryed out his Tormenters were present and named them, And tho severalls present did cover his face and caused several women touch him, besides these he discovered to be his Tormentors by turns, Yet when these did touch him upon whom he made no complaint no effect followed. But upon the approach and Touch of these who he complained of his Agones encreased and cryed out his Tormentors were present. The poor man hes been in this condition since the begining of May Last, and continues to be so haveing very short Intervalls, and his condition is much about the same with that of Bargarrans Daughter in the West. There are seven Imprisoned Viz Beatrix Laing, Isobell Adam, Nicolas Lawson and Janet Cerfitt, Thomas Broun, Margaret Wallace, and Margaret Jack; The first four of these have confessed there being guilty of a Compact with the Divill, Renunceing there Baptisme, and tormenting the said Patrick Mortoun, upon ane Examination by the Petitioners, The Magistrats and Minister in the Tolbooth of Pittenweem, And the other three are not only loaded by presumptions, But fyled by the Confitents as not only guilty of Witch-Craft, But Lykewayes of the Malefices upon the said Patrick Mortoun. And seeing there is here in the discoveries allready made as to four of the imprisoned, a plaine Confession of there being guilty of Witchcraft, and of the malifices above represented upon the said Patrick Mortoun, And that constat de Corpore delicti And Lykewayes that the rest are loaded with presumptions, and delated by the confitents as guilty with themselves of Witchcraft and tormenting of the said Patrick As also seeing it would be a great deall of Expence to bring soe many witnesses as will be necessary to prove the different and distinct points, That falls under probation, for convicting of the foirnamed persons, And that the matter will be made more clear and evident by cognition and tryall upon the place then if the same were cognosed here before the Lords of Justiciarie And Therefore Craveing there Lordships In consideration of the premisses To Grant warrand and Commission to such Gentlemen and others, That live in and about the place as there Lordships shall think fitt, To take cognition and tryall in this matter, and to determine therein by a Justiciary power from there Lordships as hes been frequently done in such cases. As the said petitione bears. The Lords of Her Majesties privie Councill Haveing considered the above petition given into them By the Magistrats and Town Councill of Pitenweem, and the Minister and Kirk session therof, And the samen being read in there presence The saids Lords Doe hereby Recommend to Sir James Steuart her Majesties Advocat, To raise aproces at his Instance and prosecute the same, to the finall and thereof before the Lords Commissioners of Her Majesties Justiciary against the persons therein mentioned as guilty of Witch Craft, And upon ane Informer and Information therof, To be given into his Lordship for that effect, And Recommends to the Lords Commissioners of Her Majesties Thesaurie, To order such a soume as there Lordships shall think fitt, To be payed for carrying on the said proces, and mentaining parties and witnesses dureing the dependance thereof.

Att Edinburgh the Threttein day of June Jaj vijc and four years

A1704/6/111

Warrant

Warrand to the Lord Advocat to raise a proces at his instance Against Witches in Pitten-Weem

Anent the petition given in and presented to the Lords of Her Majesties Privie Councill By the Magistrats and Town Councill of Pittenweem, and Minister and Kirksession thereof Shewing That Where there being at present a great many malefices committed upon the person of Patrick Mortoun son to Patrick Mortoun Smith in Pittenweem by severall Witches now in prison there Wherof the greatest pairt have allready confest to them there guilt in tormenting the said Patrick, and of there compact with the Divell, and renunceing there Baptisme. They humbly crave liberty to give there Lordships the following Representation of the matter of fact, To effect there Lordships may grant a Commission to such as there Lordships think fitt, to take tryall of the persons who have confessed, and others against whom there are not only presumptions of guilt, But lykewayes a clear probation ready to be adduced. The matter of fact in short is as followes, In the begining of March last, The said Patrick Mortoun about Sixteen years of age and free of any known vice being imployed by his father to make some nails to a shape belonging to one of the Merchants in Pittenweem, When he was working in his fathers Smiddy One Beatrix Lang who is one of these who have confessed desired him to make some nails for her, which he modestly refused In regaird he had been already imployed to make the nails for the shipe which were in heast and could not abide any delay. Upon which answer Beatrix did shew agreat deall of discontent and went away threatning to be revenged which did some what frighten him Because He knew she was under a bad fame and reputed for a Witch of a Long tyme, The nixt day when he was passing the door of her house he observed a timber vessell with some Watter and a fire wall in it at the door, which made him apprehend, That it was a Charme laid for him, and the effects of her threatning. And immediately he was seised with such a weakness in his Limbs, That he could hardly stand or walk, And continued in a languishing condition till the first of May Last, And the Phisitians were imployed for his recovery yet no means they could use for his recovery had any effect, But still grew worse haveing no appetite and his bodie strangely emaciated. About the begining of May his case altered to the worse by haveing such strange and unusuall fitts as did astonish all onlookers His belly at some tymes was distented to a great hight at other times his breast and his back Were so distended, That the bones of his back and breast did ryse to a prodigious hight and suddenly fell, And in the mean time his breathing was lyke to the blowing of a Bellowes att other times his body became rigide and inflexable in so much that nether his arms nor legs could be bowed or moved by any Strength tho frequently tryed and all his senses benumned, And yet his pulse in good order, Att some times his head quit about or to his Shouldiers, and no Strength able to turn it back or repone it And was many time in griveous agonies, and sometimes in att other times his tongue drawn back in his throat Especiallie when his was telling who were his tormenters, And when either the Magistrats or Minister, Did bring in any of these women whom he had discovered to be his Tormentors, before they came within the door, he cryed out his Tormenters were present and named them, And tho severalls present did cover his face and caused several women touch him, besides these he discovered to be his Tormentors by turns, Yet when these did touch him upon whom he made no complaint no effect followed. But upon the approach and Touch of these who he complained of his Agones encreased and cryed out his Tormentors were present. The poor man hes been in this condition since the begining of May Last, and continues to be so haveing very short Intervalls, and his condition is much about the same with that of Bargarrans Daughter in the West. There are seven Imprisoned Viz Beatrix Laing, Isobell Adam, Nicolas Lawson and Janet Cerfitt, Thomas Broun, Margaret Wallace, and Margaret Jack; The first four of these have confessed there being guilty of a Compact with the Divill, Renunceing there Baptisme, and tormenting the said Patrick Mortoun, upon ane Examination by the Petitioners, The Magistrats and Minister in the Tolbooth of Pittenweem, And the other three are not only loaded by presumptions, But fyled by the Confitents as not only guilty of Witch-Craft, But Lykewayes of the Malefices upon the said Patrick Mortoun. And seeing there is here in the discoveries allready made as to four of the imprisoned, a plaine Confession of there being guilty of Witchcraft, and of the malifices above represented upon the said Patrick Mortoun, And that constat de Corpore delicti And Lykewayes that the rest are loaded with presumptions, and delated by the confitents as guilty with themselves of Witchcraft and tormenting of the said Patrick As also seeing it would be a great deall of Expence to bring soe many witnesses as will be necessary to prove the different and distinct points, That falls under probation, for convicting of the foirnamed persons, And that the matter will be made more clear and evident by cognition and tryall upon the place then if the same were cognosed here before the Lords of Justiciarie And Therefore Craveing there Lordships In consideration of the premisses To Grant warrand and Commission to such Gentlemen and others, That live in and about the place as there Lordships shall think fitt, To take cognition and tryall in this matter, and to determine therein by a Justiciary power from there Lordships as hes been frequently done in such cases. As the said petitione bears. The Lords of Her Majesties privie Councill Haveing considered the above petition given into them By the Magistrats and Town Councill of Pitenweem, and the Minister and Kirk session therof, And the samen being read in there presence The saids Lords Doe hereby Recommend to Sir James Steuart her Majesties Advocat, To raise aproces at his Instance and prosecute the same, to the finall and thereof before the Lords Commissioners of Her Majesties Justiciary against the persons therein mentioned as guilty of Witch Craft, And upon ane Informer and Information therof, To be given into his Lordship for that effect, And Recommends to the Lords Commissioners of Her Majesties Thesaurie, To order such a soume as there Lordships shall think fitt, To be payed for carrying on the said proces, and mentaining parties and witnesses dureing the dependance thereof.

1. NRS, PC1/53, 247-9.

1. NRS, PC1/53, 247-9.

Warrant, 13 June 1704, Edinburgh

Att Edinburgh the Threttein day of June Jaj vijc and four years

A1704/6/101

Warrant

Warrand to the Lord Advocat To raise a proces against Baillie Warrander and others

The Lords of Her Majesties Privie Councill Doe hereby Recommend to Sir James Steuart Her Majesties Advocat furth with to raise ane Lyble and proces before there Lordships at hes instance against George Warrander on of the present Baillies of the Burgh of Edinburgh or any other his Lordships shall receave information of for exporting contrary to Law, money furth of this Kingdome and to insist therein to the finall end and decision therof.

Att Edinburgh the Threttein day of June Jaj vijc and four years

A1704/6/101

Warrant

Warrand to the Lord Advocat To raise a proces against Baillie Warrander and others

The Lords of Her Majesties Privie Councill Doe hereby Recommend to Sir James Steuart Her Majesties Advocat furth with to raise ane Lyble and proces before there Lordships at hes instance against George Warrander on of the present Baillies of the Burgh of Edinburgh or any other his Lordships shall receave information of for exporting contrary to Law, money furth of this Kingdome and to insist therein to the finall end and decision therof.

1. NRS, PC1/53, 246.

1. NRS, PC1/53, 246.

Warrant, 13 June 1704, Edinburgh

Att Edinburgh the Threttein day of June Jaj vijc and four years

A1704/6/91

Warrant

Warrand to James Clerk, To Ingrave the Quarter Seall and Cashet

The Lords of Her Majesties Privie Councill, Doe hereby Give order and warrand to James Clark Ingraver in the Mint, To ingrave the quarter Seall and Cashet in the same way and after the same manner that the Great seall is.

Att Edinburgh the Threttein day of June Jaj vijc and four years

A1704/6/91

Warrant

Warrand to James Clerk, To Ingrave the Quarter Seall and Cashet

The Lords of Her Majesties Privie Councill, Doe hereby Give order and warrand to James Clark Ingraver in the Mint, To ingrave the quarter Seall and Cashet in the same way and after the same manner that the Great seall is.

1. NRS, PC1/53, 246.

1. NRS, PC1/53, 246.

Procedure, 13 June 1704, Edinburgh

Att Edinburgh the Threttein day of June Jaj vijc and four years

A1704/6/81

Procedure

Commissio Jacobi Johnstoun nuper status secretarii De officio Registrorum et Rotulorum Clerici

Commission In favours of James Johnstoun late secretary to be Lord Register Being presented by Sir Gilbert Eliiot one of the Clerks of Councill, The samen was read and ordained to be recorded, and thereafter delyvered to the Lord Chancellor, who delyvered back the samen to the said Sir Gilbert in name and absence of the said Register, and who receaved the samen upon his knee as use is. Whereof the tennor followes
Anna Dei Gratia Magnae Britanniae Franciae et Hibernae regina fideique defensor , Omnibus probis hominibus ad quos praesentes literae nostrae pervenerint Salutem Quandoquidem nobis abunde satisfactum sit tam de fidelitate et praeclaris animi dotibus et facultatibus quam de Sincera integritate fidelissimi et delectissimi nostri Jacobi Johnstoun Nuper status Nostri secretarii pro antiquo Regno Nostro Scotiae speciatim vero quod ad munus et officium Registrorum et Rotulorum Nostrorum Clerici in dicto nostro regno obeundum apprime sit instructus . Noveritis igitur nos Nominasse constituisse et ordinasse situti nos tenore praesentium Nominamus Constituimus et Ordinamus dictum Jacobum Johnstoun (Durante nostro beneplacito solum modo) Nostrorum Registrorum et Rotulorum nostri Concilii et Sessionis et Scaccarii nostri nec non Omnium Commissionum Parliamentorum et ordinum Conventum in dicto Nostro regno Clericum Dando concedendo et Committendo illi idem munus et officium durante spatio antedicto , Cum omnibus honoribus dignitatibus privilegiis proficuis immunitatibus et Casualitatibus , Quibuscunque eo spectantibus, vel quae de jure et praxi dicti regni eo spectare dignoscentur cum plena et absoluta potestate et authoritate illi durante beneplacito nostro ut praedicitur Eligendi et Constituendi Clericos substitutos vel deputatos unum vel plures in dictis officiis seu quavis eorundem parte idque ad vitam talium substitutorum seu Deputatorum Qui eorum officiis cum omnibus eorundem emolumentis durantibus omnibus eorum vitae diebus respective potientur, Ordinamus denique et Authoritatem ipsi tribuimus omnia et singula praestare de lege et praxi hujus Regni nostri dicto officio competentiae vel perprius a quovis alio in dicto officio praestita In Cujus rei testimonium praesentibus Magnum sigillum nostrum appendi praecipimus , Apud Aulam nostram De Windsor Secundo Dei2 mensis Junii Anno Domino Millesimo Septingentesimo quarto et Anno Regni nostri tertio. Per signaturam Manu S , D , N , Reginae Supra Scriptam. Written to the Great Seall and Registrat the seventh day of June 1704. Sic subscribitur Charles Kerr. Sealled att Edinburgh the Eight day of June Jaj vijc and four years. Be speciall order till the seall be renewed. Sic subscribitur Alexander Ogilvie.

Att Edinburgh the Threttein day of June Jaj vijc and four years

A1704/6/81

Procedure

Commissio Jacobi Johnstoun nuper status secretarii De officio Registrorum et Rotulorum Clerici

Commission In favours of James Johnstoun late secretary to be Lord Register Being presented by Sir Gilbert Eliiot one of the Clerks of Councill, The samen was read and ordained to be recorded, and thereafter delyvered to the Lord Chancellor, who delyvered back the samen to the said Sir Gilbert in name and absence of the said Register, and who receaved the samen upon his knee as use is. Whereof the tennor followes
Anna Dei Gratia Magnae Britanniae Franciae et Hibernae regina fideique defensor , Omnibus probis hominibus ad quos praesentes literae nostrae pervenerint Salutem Quandoquidem nobis abunde satisfactum sit tam de fidelitate et praeclaris animi dotibus et facultatibus quam de Sincera integritate fidelissimi et delectissimi nostri Jacobi Johnstoun Nuper status Nostri secretarii pro antiquo Regno Nostro Scotiae speciatim vero quod ad munus et officium Registrorum et Rotulorum Nostrorum Clerici in dicto nostro regno obeundum apprime sit instructus . Noveritis igitur nos Nominasse constituisse et ordinasse situti nos tenore praesentium Nominamus Constituimus et Ordinamus dictum Jacobum Johnstoun (Durante nostro beneplacito solum modo) Nostrorum Registrorum et Rotulorum nostri Concilii et Sessionis et Scaccarii nostri nec non Omnium Commissionum Parliamentorum et ordinum Conventum in dicto Nostro regno Clericum Dando concedendo et Committendo illi idem munus et officium durante spatio antedicto , Cum omnibus honoribus dignitatibus privilegiis proficuis immunitatibus et Casualitatibus , Quibuscunque eo spectantibus, vel quae de jure et praxi dicti regni eo spectare dignoscentur cum plena et absoluta potestate et authoritate illi durante beneplacito nostro ut praedicitur Eligendi et Constituendi Clericos substitutos vel deputatos unum vel plures in dictis officiis seu quavis eorundem parte idque ad vitam talium substitutorum seu Deputatorum Qui eorum officiis cum omnibus eorundem emolumentis durantibus omnibus eorum vitae diebus respective potientur, Ordinamus denique et Authoritatem ipsi tribuimus omnia et singula praestare de lege et praxi hujus Regni nostri dicto officio competentiae vel perprius a quovis alio in dicto officio praestita In Cujus rei testimonium praesentibus Magnum sigillum nostrum appendi praecipimus , Apud Aulam nostram De Windsor Secundo Dei2 mensis Junii Anno Domino Millesimo Septingentesimo quarto et Anno Regni nostri tertio. Per signaturam Manu S , D , N , Reginae Supra Scriptam. Written to the Great Seall and Registrat the seventh day of June 1704. Sic subscribitur Charles Kerr. Sealled att Edinburgh the Eight day of June Jaj vijc and four years. Be speciall order till the seall be renewed. Sic subscribitur Alexander Ogilvie.

1. NRS, PC1/53, 245-6.

2. Sic.

1. NRS, PC1/53, 245-6.

2. Sic.

Sederunt, 13 June 1704, Edinburgh

Att Edinburgh the Threttein day of June Jaj vijc and four years1

A1704/6/72

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Duke of Atholl P:S:; Earl of Mar; Earl of Buchan; Earl of Eglingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Northesk; Earl of Dunmore; Earl of Roseberry; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Anstruther; Lord Rankeillor; Lord Phesdo; Laird of Collingtoun; Laird of Carnwath; Lord Provost of Edinburgh

Att Edinburgh the Threttein day of June Jaj vijc and four years1

A1704/6/72

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Duke of Atholl P:S:; Earl of Mar; Earl of Buchan; Earl of Eglingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Northesk; Earl of Dunmore; Earl of Roseberry; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Anstruther; Lord Rankeillor; Lord Phesdo; Laird of Collingtoun; Laird of Carnwath; Lord Provost of Edinburgh

1. NRS, PC1/53, 245.

2. NRS, PC1/53, 245.

1. NRS, PC1/53, 245.

2. NRS, PC1/53, 245.