Tag Archives: 13 November 1694

Act, 13 November 1694, Edinburgh

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D1694/11/141

Act

Act William Fairly glover.

Anent a Petition given in to the Lords of their majesties privy Councill be William Fairly Glover in Dunse Shewing That quher ther being nine men to be put out by the toune of Dunse in the late Levies, The toune did put out the said number and Captaine Turnbull did give his Discharge and recept of them as also the list of them by name and sirname was given in to the Clerk of the shire, notwithstanding quherof John Cockburne barron baillie of the said burgh haveing throw favor as it seems slipt one of the number and therupon Conveened the inhabitants to furnish another, They gave in their Complaint to the Commissioner of the shire and upon the fourth of Aprill Last got ane act under the hand of their Clerk finding the said nyne men to be put out and Discharged as above, But the said John Cockburne not being therwith satisfied, hath at his oun hand seized upon the petitioner albeit that the burgh be Discharged as said is, and that the petitioner, Did Contribut his part for Outreiking of the burghs proportione And seing that this procedure in a barron baillie is most arbitrary and oppressive in not only seizeing the petitioner as said is, But detaineing him a prisoner at the Ironhouse in great hardship and extreamity And Therfore humbly Craveing the saids Lords to Consider the premisses suficiently instructed by the said act of the Commissioners theirwith produced and not only to order the petitioner to be sett at libertie, But to ordaine the said barron baillie to repay the petitioner his damnages and if ther be non to answer for him to Grant warrand that he may be sumarly cited to answer for his forsaid misdemanor as the petitione bears The saids Lords of their majesties privy Councill haveing Considered this petition with the act of the Commissioners of Supply mentioned therin and produced therwith They ordaine John Cockburne barron baillie of Dunse to be Cited before the Councill and Grants warrand for letters for citeing him to answer to the bill against the second Teusday of December nixt and likewayes for Citeing witnesses And in the mean time gives order and warrand to the said barron baillie and the keeper of the Tolbooth of Dunse To sett the said petitione at Libertie furth therof he first before his liberatione giveing bond and finding Cautione acted in the books of privy Councill That he shall appear before their Lordships upon the said second Teusday of December nixt, and shall insist untill the petitione be discussed and shall attend all the petitione be discussed and shall attend all the Dyetts that shall be appointed by the Councill or their Committie in this matter and shall obtemper the sentance of Councill so farr as shall be Decerned against him under the penalty of thrie hundred merk incaice he shall transgress in any part of the premisses.

Edinburgh the Threttein day of november Jaj vjc nyntie four years

D1694/11/141

Act

Act William Fairly glover.

Anent a Petition given in to the Lords of their majesties privy Councill be William Fairly Glover in Dunse Shewing That quher ther being nine men to be put out by the toune of Dunse in the late Levies, The toune did put out the said number and Captaine Turnbull did give his Discharge and recept of them as also the list of them by name and sirname was given in to the Clerk of the shire, notwithstanding quherof John Cockburne barron baillie of the said burgh haveing throw favor as it seems slipt one of the number and therupon Conveened the inhabitants to furnish another, They gave in their Complaint to the Commissioner of the shire and upon the fourth of Aprill Last got ane act under the hand of their Clerk finding the said nyne men to be put out and Discharged as above, But the said John Cockburne not being therwith satisfied, hath at his oun hand seized upon the petitioner albeit that the burgh be Discharged as said is, and that the petitioner, Did Contribut his part for Outreiking of the burghs proportione And seing that this procedure in a barron baillie is most arbitrary and oppressive in not only seizeing the petitioner as said is, But detaineing him a prisoner at the Ironhouse in great hardship and extreamity And Therfore humbly Craveing the saids Lords to Consider the premisses suficiently instructed by the said act of the Commissioners theirwith produced and not only to order the petitioner to be sett at libertie, But to ordaine the said barron baillie to repay the petitioner his damnages and if ther be non to answer for him to Grant warrand that he may be sumarly cited to answer for his forsaid misdemanor as the petitione bears The saids Lords of their majesties privy Councill haveing Considered this petition with the act of the Commissioners of Supply mentioned therin and produced therwith They ordaine John Cockburne barron baillie of Dunse to be Cited before the Councill and Grants warrand for letters for citeing him to answer to the bill against the second Teusday of December nixt and likewayes for Citeing witnesses And in the mean time gives order and warrand to the said barron baillie and the keeper of the Tolbooth of Dunse To sett the said petitione at Libertie furth therof he first before his liberatione giveing bond and finding Cautione acted in the books of privy Councill That he shall appear before their Lordships upon the said second Teusday of December nixt, and shall insist untill the petitione be discussed and shall attend all the petitione be discussed and shall attend all the Dyetts that shall be appointed by the Councill or their Committie in this matter and shall obtemper the sentance of Councill so farr as shall be Decerned against him under the penalty of thrie hundred merk incaice he shall transgress in any part of the premisses.

1. NRS, PC2/25, 80r-81r.

1. NRS, PC2/25, 80r-81r.

Act, 13 November 1694, Edinburgh

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Act

Act Archibald Johnstone

Anent a Petition given in to the Lords of their Majesties privy Councill be James Peddie late provest of Glasgow John Corss Dean of Gild and John Bowman merchant ther tutors and overseers to Archibald Johnstone sone to Archibald Jonston merchant in Barbadowes and the said Archibald for himself Shewing That wher the said Archibald Johnstone being Recommended by his father to the petitioners tutary 2 and oversight as to his Christian educatione And to that end sent him from the forsaid place about thrie years agoe, he not being then above twelue years of age That they might see to the instructing of him at schoolls and otherwayes, And in Complyance of the said Archibald Johnstone his desire have accordingly seen to the educatione of his said sone by keeping him at schoolls in Glasgow wher he made very good proficiency in his study of Latine haveing past his Course, and being ready for the Colledge But the said youth being Some way misfortunat and falling accidentally in the Company of some souldiers who made him drink and therupon advised him to ingadge in the Company of one Captaine Grahame in Collonell Douglas his regiement he not being as yet above fiftein years of age, off which rashnes and fully The said youth doeth now sorely repent and is most sensible of his folly and would willingly desert his present post haveing a good and strong inclynatione to follo his studies and to goe for the Colledge, yet the said Captaine doeth positively refuse to allow him his pass unles he provyde two men in his place, which is most unreasonable, The petitioners being wiling to give him one man And Therfore Humbly Craveing the saids Lords to Consider the premisses and to ordaine the said Sir William Douglas and Captaine Grahame to Grant ane valide and suficient pass to the said Archibald Johnstone presently upon the petitioners provydeing one suficient man in his place The regiement being to march to the north upon Thursday nixt, which is most agreeable to the saids Lords ther Justice as the said petition bears The saids Lords of their majesties privy Councill haveing Considered this petition given in to them be the tutors of Archibald Johnstone and himself for his intrest They Ordaine Collonell Sir William Douglas and Captaine […] Grahame in his regiement to Grant a valide and suficient pass presently to the said Archibald Johnstone In Respect he is not yet above fiftein years of age, The said Archibald allwayes at the recept of his pass provyding a suficient man to serve as a souldier in the said regiement in his place and delivering him to the said Collonoll or Captaine.

Edinburgh the Threttein day of november Jaj vjc nyntie four years

D1694/11/131

Act

Act Archibald Johnstone

Anent a Petition given in to the Lords of their Majesties privy Councill be James Peddie late provest of Glasgow John Corss Dean of Gild and John Bowman merchant ther tutors and overseers to Archibald Johnstone sone to Archibald Jonston merchant in Barbadowes and the said Archibald for himself Shewing That wher the said Archibald Johnstone being Recommended by his father to the petitioners tutary 2 and oversight as to his Christian educatione And to that end sent him from the forsaid place about thrie years agoe, he not being then above twelue years of age That they might see to the instructing of him at schoolls and otherwayes, And in Complyance of the said Archibald Johnstone his desire have accordingly seen to the educatione of his said sone by keeping him at schoolls in Glasgow wher he made very good proficiency in his study of Latine haveing past his Course, and being ready for the Colledge But the said youth being Some way misfortunat and falling accidentally in the Company of some souldiers who made him drink and therupon advised him to ingadge in the Company of one Captaine Grahame in Collonell Douglas his regiement he not being as yet above fiftein years of age, off which rashnes and fully The said youth doeth now sorely repent and is most sensible of his folly and would willingly desert his present post haveing a good and strong inclynatione to follo his studies and to goe for the Colledge, yet the said Captaine doeth positively refuse to allow him his pass unles he provyde two men in his place, which is most unreasonable, The petitioners being wiling to give him one man And Therfore Humbly Craveing the saids Lords to Consider the premisses and to ordaine the said Sir William Douglas and Captaine Grahame to Grant ane valide and suficient pass to the said Archibald Johnstone presently upon the petitioners provydeing one suficient man in his place The regiement being to march to the north upon Thursday nixt, which is most agreeable to the saids Lords ther Justice as the said petition bears The saids Lords of their majesties privy Councill haveing Considered this petition given in to them be the tutors of Archibald Johnstone and himself for his intrest They Ordaine Collonell Sir William Douglas and Captaine […] Grahame in his regiement to Grant a valide and suficient pass presently to the said Archibald Johnstone In Respect he is not yet above fiftein years of age, The said Archibald allwayes at the recept of his pass provyding a suficient man to serve as a souldier in the said regiement in his place and delivering him to the said Collonoll or Captaine.

1. NRS, PC2/25, 79r-80r.

2. The words ‘as to’ scored out here.

1. NRS, PC2/25, 79r-80r.

2. The words ‘as to’ scored out here.

Act, 13 November 1694, Edinburgh

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Act

Act Authorizing Collonell Mckay to raise 13 men

The Lords of their majesties privy Councill Doe heirby Authorize Collonell Robert Mckay To raise the number of threttein men to be Souldiers in his regiement out of the lands and bounds of Badenoch in place of the like number of men appointed to have been put out of that bounds in the present Levies, And that at the sight of the Commissioners of Supply within the shire of Innverness, The saids Commissioners allwayes designeing to the said Collonell the places out of which to raise every particular man.

Edinburgh the Threttein day of november Jaj vjc nyntie four years

D1694/11/121

Act

Act Authorizing Collonell Mckay to raise 13 men

The Lords of their majesties privy Councill Doe heirby Authorize Collonell Robert Mckay To raise the number of threttein men to be Souldiers in his regiement out of the lands and bounds of Badenoch in place of the like number of men appointed to have been put out of that bounds in the present Levies, And that at the sight of the Commissioners of Supply within the shire of Innverness, The saids Commissioners allwayes designeing to the said Collonell the places out of which to raise every particular man.

1. NRS, PC2/25, 79r.

1. NRS, PC2/25, 79r.

Procedure, 13 November 1694, Edinburgh

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D1694/11/111

Procedure

Remitt Corbie contra Lidderdale and Gordon

Anent the letters or lybell raised and pursued before the Lords of their Majesties privy Councill at the instance of Thomas Corbie messenger in Kirkcudbright, and Sir James Stewart ther majesties advocat for their highnes intrest in the matter underwritten Mentioning That quher by the Lawes of this and all other weell governed nationes all battaries and bloods specially when the same are Comitted without any Cause or provocatione. But on the Contrary for a persone doeing his dutie in his office, and after threatning upon that account, and farder upon the high Street and at the marcat Cross of a burgh Royall upon afair and publict marcat day Is a Cryme of a high nature and ought to be severly punished nevertheless It is of verity That James Gordon toune Clerk of Kirkcudbright Shaking of all fear of God and regaird to their majesties Lawes Did upon the occasione of the said Thomas Gordon as a procurator in the Commissary Court upon the thrid day of August Last Or ane or other of the dayes of the said moneth first oppenly swear by the name of God with many other horid oathes that when ever he and the pursuer should meet he should Cause his Croune reek and spish blood to his heells and that in the Comissary Court, The Comissary sitting in Judgment in the afternoon the said day being the fair day Called Lambes fair in the burgh of Kirkcudbright, and then in the afternoon the same day the said James Gordon accompanied with James Lidderdale of St Marycytle, meeting with the pursuer about about four of Cloak at the marcat Cross of the said burgh, Did then and ther without the least provocatione, or any words passing betwixt them, Fall most violently and Cruely upon the pursuer with two great battons and staves and therwith beatt him upon the head to the effusione of his blood so that the blowes and blood did quyte stun and blind him, and his blood was shedd in such a quantitie, as is not only to be seen upon his Cravat, But did Lye and remaine upon the Street in great Clotts untill the nixt morning and the scares of the wounds are visible to this day Lykas the said pursuer is in hazard throw the said violence and strockes to Loss his ryt eye therwith and have never since seen Distinctly and if throw the Good providence of God nighbours and by standers hade not interveened he hade Loss his life betwixt them by reasone of the forsaid rage and violence, off which Cryme battarie and blood the forsaid James Gordon and James Lidderdale and either of them being guilty or airt and part Ought not only to be Decerned to make payment to the said pursuer of the soume of Two Thousand merks scots for damnadge But likewayes punished to the example and terror of others to Comitt the like in time Comeing And Anent the Charge given to the saids defenders to have Compeired personally before the saids Lords this day To have answered to the points of the abovewritten Complaint and to have heard themselves not only Decerned and ordained to make payment to the said pursuer of the said soume of Two Thousand merks for damnadges but also to have heard and seen such other Course taken theranent as the said Lords shall think fitt as in the said letters or lybell and executiones therof at more Length is Contained Which being Called in presence of the saids Lords and the pursuer Compeiring personally with James Stewart his Advocat and the defenders Compeiring also personally with Sir James Ogilvie and Mr Alexander Fergusone ther advocats And the Lybell and answers made therto They Remitt the same to the Stewart principall of the Stewartrie of Kirkcudbright and his depute to be insisted in Discust and determined be them as accords of the Law.

Edinburgh the Threttein day of november Jaj vjc nyntie four years

D1694/11/111

Procedure

Remitt Corbie contra Lidderdale and Gordon

Anent the letters or lybell raised and pursued before the Lords of their Majesties privy Councill at the instance of Thomas Corbie messenger in Kirkcudbright, and Sir James Stewart ther majesties advocat for their highnes intrest in the matter underwritten Mentioning That quher by the Lawes of this and all other weell governed nationes all battaries and bloods specially when the same are Comitted without any Cause or provocatione. But on the Contrary for a persone doeing his dutie in his office, and after threatning upon that account, and farder upon the high Street and at the marcat Cross of a burgh Royall upon afair and publict marcat day Is a Cryme of a high nature and ought to be severly punished nevertheless It is of verity That James Gordon toune Clerk of Kirkcudbright Shaking of all fear of God and regaird to their majesties Lawes Did upon the occasione of the said Thomas Gordon as a procurator in the Commissary Court upon the thrid day of August Last Or ane or other of the dayes of the said moneth first oppenly swear by the name of God with many other horid oathes that when ever he and the pursuer should meet he should Cause his Croune reek and spish blood to his heells and that in the Comissary Court, The Comissary sitting in Judgment in the afternoon the said day being the fair day Called Lambes fair in the burgh of Kirkcudbright, and then in the afternoon the same day the said James Gordon accompanied with James Lidderdale of St Marycytle, meeting with the pursuer about about four of Cloak at the marcat Cross of the said burgh, Did then and ther without the least provocatione, or any words passing betwixt them, Fall most violently and Cruely upon the pursuer with two great battons and staves and therwith beatt him upon the head to the effusione of his blood so that the blowes and blood did quyte stun and blind him, and his blood was shedd in such a quantitie, as is not only to be seen upon his Cravat, But did Lye and remaine upon the Street in great Clotts untill the nixt morning and the scares of the wounds are visible to this day Lykas the said pursuer is in hazard throw the said violence and strockes to Loss his ryt eye therwith and have never since seen Distinctly and if throw the Good providence of God nighbours and by standers hade not interveened he hade Loss his life betwixt them by reasone of the forsaid rage and violence, off which Cryme battarie and blood the forsaid James Gordon and James Lidderdale and either of them being guilty or airt and part Ought not only to be Decerned to make payment to the said pursuer of the soume of Two Thousand merks scots for damnadge But likewayes punished to the example and terror of others to Comitt the like in time Comeing And Anent the Charge given to the saids defenders to have Compeired personally before the saids Lords this day To have answered to the points of the abovewritten Complaint and to have heard themselves not only Decerned and ordained to make payment to the said pursuer of the said soume of Two Thousand merks for damnadges but also to have heard and seen such other Course taken theranent as the said Lords shall think fitt as in the said letters or lybell and executiones therof at more Length is Contained Which being Called in presence of the saids Lords and the pursuer Compeiring personally with James Stewart his Advocat and the defenders Compeiring also personally with Sir James Ogilvie and Mr Alexander Fergusone ther advocats And the Lybell and answers made therto They Remitt the same to the Stewart principall of the Stewartrie of Kirkcudbright and his depute to be insisted in Discust and determined be them as accords of the Law.

1. NRS, PC2/25, 78r-79r.

1. NRS, PC2/25, 78r-79r.

Act, 13 November 1694, Edinburgh

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Act

Act Mr William Moncreif minister at Methven

Anent a Petition given in to the Lords of their majesties privy Councill be Mr William Moncreiff minister at Methven Shewing wheras the petitioner being legall minister of Methven and in the peacable exercise of his ministrie at the said Church, and so hath undoubted right to the use and possessione of the manse and yeards belonging therto dureing the petitioners serving the Cure at the said kirk yet nevertheless the keyes of the manse are most unwarrantably keept up from the petitioner wherby he was absolutely excluded from the use and benefit therof, and necessitate on the Lords day to travell to and againe at some distance from the kirk and therby the petitioner is not only disaccomodat, But also the paroch and his ministrie therin much prejudiced And Therfore humbly Craveing the saids Lords to Order and appoint David Smith brother to the Laird of Methven or any others havers of the keyes of the manse of Methven and yeards belonging therto to exhibit and deliver up the same to the petitioner and if need bees Ordaines letters of horning on fiftein dayes and others needfull to be direct against the said David Smith and others havers to be particularly named in the letters informe as effeirs.

Edinburgh the Threttein day of november Jaj vjc nyntie four years

D1694/11/101

Act

Act Mr William Moncreif minister at Methven

Anent a Petition given in to the Lords of their majesties privy Councill be Mr William Moncreiff minister at Methven Shewing wheras the petitioner being legall minister of Methven and in the peacable exercise of his ministrie at the said Church, and so hath undoubted right to the use and possessione of the manse and yeards belonging therto dureing the petitioners serving the Cure at the said kirk yet nevertheless the keyes of the manse are most unwarrantably keept up from the petitioner wherby he was absolutely excluded from the use and benefit therof, and necessitate on the Lords day to travell to and againe at some distance from the kirk and therby the petitioner is not only disaccomodat, But also the paroch and his ministrie therin much prejudiced And Therfore humbly Craveing the saids Lords to Order and appoint David Smith brother to the Laird of Methven or any others havers of the keyes of the manse of Methven and yeards belonging therto to exhibit and deliver up the same to the petitioner and if need bees Ordaines letters of horning on fiftein dayes and others needfull to be direct against the said David Smith and others havers to be particularly named in the letters informe as effeirs.

1. NRS, PC2/25, 77v.

1. NRS, PC2/25, 77v.

Sederunt, 13 November 1694, Edinburgh

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D1694/11/92

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Southerland; Earl of Mortone; Earl of Lothian; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Yester; Lord Advocat; Lord Justice Clerk; Lord Hatton; Laird of Leyes

Edinburgh the Threttein day of november Jaj vjc nyntie four years1

D1694/11/92

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Southerland; Earl of Mortone; Earl of Lothian; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Yester; Lord Advocat; Lord Justice Clerk; Lord Hatton; Laird of Leyes

1. NRS, PC2/25, 77r.

2. NRS, PC2/25, 77r.

1. NRS, PC2/25, 77r.

2. NRS, PC2/25, 77r.

Act, 13 November 1694, Edinburgh

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At Edinburgh tuesday 13th November 1694

A1694/11/171

Act

Act Forbes and Fordyce

Anent the petitione given in to the Lords of their Majesties privy Councille by Masters James Forbes and Robert Fordyce Prisoners ordered out of the Countrey Shewing that the said Lords when the petitioners were prisoners ordered them to find Cautione to transport themselves out of the Countrey betwixt and the fyfteen day of this instant which Cautione they found and in that and the other poynts contained in their bond have observed the said Lords orders punctuallie But their affairs and concerns with the Earle of Abboyne not unknown to the said Lords being not as yet altogether cleared by reasone that persones and papers necessary to that effect are not yet come from the north and seing also That noe convenient occasione doth offer at present for their said transport and therfore Humblie Craveing the said Lords would prorogate the foresaid day appoynted for their transport untill such convenient tyme as they may expeed their affaires and may have the necessar occasione of a fleet under good convoy for goeing abroad The said petitioners renewing their foresaid surety and Cautione to observe the said Lords their appoyntment and if the said Lords in the favour now desyred should be pleased to have reguaird to their old age and the hard seasone of the year with the infirmities they labour under alsweill as to the necessity of their affairs it would be to them a most acceptable office of Charitie as the said petitione at lenth bears The Lords of their Majesties privie Councill Haveing considered this petitione given in to them by the said Masters James Forbes and Robert Fordyce They Hereby prorogat the day of their transportatione from this Kingdome untill the fyfteen day of Februarie next to come inclusive The said petitioners first renewing the former bonds and giveing new bonds with sufficient Cautioners That they should not goe beyond or to the other syde of the water of Forth so long as they remain within this Kingdome and that they shall depairt furth thereof and transport themselves to the Netherlands betwixt and the said fyfteen day of Februarie next inclusive wind and weather serveing the said Master James Forbes under the former penalty of fyve Hundred pound starling and the said Master Robert Fordyce under the penalty of two Hundred pounds starling and upon granting of their new bonds Ordaines the old bonds to be given up.

At Edinburgh tuesday 13th November 1694

A1694/11/171

Act

Act Forbes and Fordyce

Anent the petitione given in to the Lords of their Majesties privy Councille by Masters James Forbes and Robert Fordyce Prisoners ordered out of the Countrey Shewing that the said Lords when the petitioners were prisoners ordered them to find Cautione to transport themselves out of the Countrey betwixt and the fyfteen day of this instant which Cautione they found and in that and the other poynts contained in their bond have observed the said Lords orders punctuallie But their affairs and concerns with the Earle of Abboyne not unknown to the said Lords being not as yet altogether cleared by reasone that persones and papers necessary to that effect are not yet come from the north and seing also That noe convenient occasione doth offer at present for their said transport and therfore Humblie Craveing the said Lords would prorogate the foresaid day appoynted for their transport untill such convenient tyme as they may expeed their affaires and may have the necessar occasione of a fleet under good convoy for goeing abroad The said petitioners renewing their foresaid surety and Cautione to observe the said Lords their appoyntment and if the said Lords in the favour now desyred should be pleased to have reguaird to their old age and the hard seasone of the year with the infirmities they labour under alsweill as to the necessity of their affairs it would be to them a most acceptable office of Charitie as the said petitione at lenth bears The Lords of their Majesties privie Councill Haveing considered this petitione given in to them by the said Masters James Forbes and Robert Fordyce They Hereby prorogat the day of their transportatione from this Kingdome untill the fyfteen day of Februarie next to come inclusive The said petitioners first renewing the former bonds and giveing new bonds with sufficient Cautioners That they should not goe beyond or to the other syde of the water of Forth so long as they remain within this Kingdome and that they shall depairt furth thereof and transport themselves to the Netherlands betwixt and the said fyfteen day of Februarie next inclusive wind and weather serveing the said Master James Forbes under the former penalty of fyve Hundred pound starling and the said Master Robert Fordyce under the penalty of two Hundred pounds starling and upon granting of their new bonds Ordaines the old bonds to be given up.

1. NRS, PC1/50, 44-5.

1. NRS, PC1/50, 44-5.

Act, 13 November 1694, Edinburgh

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At Edinburgh tuesday 13th November 1694

A1694/11/161

Act

Repryve and Comittee Margaret Wat

Anent the petitione given in to the Lords of Their Majesties privy Councill by Poor Margaret Watt prisoner in the Tolbooth of Forfar Shewing That where the petitioner by a Commissione from the said Lords was recommeded to dye with Alexander Barrie upon the eight instant and the said Lords were most gratiouslie pleased to repryve the said petitioner till Thursday the tuentie second instant and Alexander Barrie being now execute and the petitioner being most sadly and unfortunatly debauched and deceived by the said Alexander Barrie who could not be ignorant of the severity of the Laws yet advysed her to conceal my being with Child till 2 she was in Sore Laboure and then He refused to let Her brother goe for help But assisted Her only himself and murdered and buried the Child with his owne Hands immediatly when she was not able to doe any thing for herself lykeas the petitioner was the first that revealled where the Child was burried and after sentance made ane ample and full confessione to the Minister and Elders of Forfare in presence of the said Alexander Barrie which he could not deny though he would not confess But on the contrary offered to execute the said petitioner and to be Hangmane to the Toune of Forfar if they would spare his lyfe and the petitioner being but a young and ignorant persone and Alexander Barrie ane old cunning wicked mane And the petitioners master and forced her to swear concealment for fear of her lyfe It is now evident to the convictione of the said Lords their Commissioners and all good Christians upon the place as is evident by the Ministers and other letters produced That the said petitioner was debaushed, abused and compelled to be accessory to the said wicked villany for which the said petitioner confessed she deserved to dye lykewayes unless the said Lords out of pitty and Compassione thought that justice was Satisfied by the death of the said Alexander Barry and would change her doome into banishment or any other punishment the said Lords thought fitt and therfore humbly Craveing That the said Lords might be pleased for Christs sake to have pitty and Compassione upon the said petitioner and to change Her doome and sentance to banishment or the lyke punishment as the said Lords were in use to doe in the Lyke Cases as at lenth is contained in the said petitione The Lords of their majesties privy Councill haveing considered this petitione given in to them by the said Margaret Watt They Hereby Repryve the said petitioner untill the first wedensday of February next exclusive from the sentance of death pronounced against her and Discharge the Baillies of Forfar where she is appoynted to dye To put the sentance of death to execution against her untill the said day and Recomend to Sir James Stueart their Majesties Advocat and the Lord Justice Clerk To Call for and speak with Master William Aikmane advocat shirriff Deput of Forfar who was one of the Judges by Commissione from the Councille who Judged the said petitione anent the case of the said petitioner and the nature of her guilt and what Circumstances there are where the same may be extenuat or alleviate and to report the same to the Councill sic subscribitur Tweeddale cancel Ipd, Morton, Breadalbane, Tarbat, Yester, John Lauder, John Lauder, James Steuart, Archibald Murray

At Edinburgh tuesday 13th November 1694

A1694/11/161

Act

Repryve and Comittee Margaret Wat

Anent the petitione given in to the Lords of Their Majesties privy Councill by Poor Margaret Watt prisoner in the Tolbooth of Forfar Shewing That where the petitioner by a Commissione from the said Lords was recommeded to dye with Alexander Barrie upon the eight instant and the said Lords were most gratiouslie pleased to repryve the said petitioner till Thursday the tuentie second instant and Alexander Barrie being now execute and the petitioner being most sadly and unfortunatly debauched and deceived by the said Alexander Barrie who could not be ignorant of the severity of the Laws yet advysed her to conceal my being with Child till 2 she was in Sore Laboure and then He refused to let Her brother goe for help But assisted Her only himself and murdered and buried the Child with his owne Hands immediatly when she was not able to doe any thing for herself lykeas the petitioner was the first that revealled where the Child was burried and after sentance made ane ample and full confessione to the Minister and Elders of Forfare in presence of the said Alexander Barrie which he could not deny though he would not confess But on the contrary offered to execute the said petitioner and to be Hangmane to the Toune of Forfar if they would spare his lyfe and the petitioner being but a young and ignorant persone and Alexander Barrie ane old cunning wicked mane And the petitioners master and forced her to swear concealment for fear of her lyfe It is now evident to the convictione of the said Lords their Commissioners and all good Christians upon the place as is evident by the Ministers and other letters produced That the said petitioner was debaushed, abused and compelled to be accessory to the said wicked villany for which the said petitioner confessed she deserved to dye lykewayes unless the said Lords out of pitty and Compassione thought that justice was Satisfied by the death of the said Alexander Barry and would change her doome into banishment or any other punishment the said Lords thought fitt and therfore humbly Craveing That the said Lords might be pleased for Christs sake to have pitty and Compassione upon the said petitioner and to change Her doome and sentance to banishment or the lyke punishment as the said Lords were in use to doe in the Lyke Cases as at lenth is contained in the said petitione The Lords of their majesties privy Councill haveing considered this petitione given in to them by the said Margaret Watt They Hereby Repryve the said petitioner untill the first wedensday of February next exclusive from the sentance of death pronounced against her and Discharge the Baillies of Forfar where she is appoynted to dye To put the sentance of death to execution against her untill the said day and Recomend to Sir James Stueart their Majesties Advocat and the Lord Justice Clerk To Call for and speak with Master William Aikmane advocat shirriff Deput of Forfar who was one of the Judges by Commissione from the Councille who Judged the said petitione anent the case of the said petitioner and the nature of her guilt and what Circumstances there are where the same may be extenuat or alleviate and to report the same to the Councill sic subscribitur Tweeddale cancel Ipd, Morton, Breadalbane, Tarbat, Yester, John Lauder, John Lauder, James Steuart, Archibald Murray

1. NRS, PC1/50, 42-4.

2. The word ‘I’ scored out here.

1. NRS, PC1/50, 42-4.

2. The word ‘I’ scored out here.

Act, 13 November 1694, Edinburgh

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At Edinburgh tuesday 13th November 1694

A1694/11/151

Act

Act for interring the Philiphaughs Corps in the Abbay Church

Anent the petitione given in to the Lords of their majesties privie Councill by James Murray of Philiphaugh one of the Senators of the Colledge of Justice and David Scot of Scotstarbitt Shewing That the deceast Lady Philiphaugh Haveing her mother Sister her only daughter and severall others her relationes interred and buried in the Abbay Church of Holyroodhouse It was her desyre on her death to be buried in the said Church amongst her relationes Therfore the petitioner in complyance with the defuncts desyre humbly petitioned the said Lords That they would grant libertie for her Corps being interrd in the said Church and for that end to grant warrand To the Keepers of the Abbay Church for makeing open the doors of the said Church, and admitting her said Corps to be interred there and als that the said Lords would allow the said petitioner David Scot notwithstanding of his confynement within the ports of Edinburgh To accompanie the funeralls that lenth The Lords of their majesties privy Councill Haveing considered the foresaid petitione They Hereby Recomend to her Grace the Dutches of Hamiltone and givs ordor and warrand to John Hamiltone her Baillie in the Abbay To permitt and allow the Corps of the deceast Lady Philiphaugh To be interred within the Church of Holyrudehouse and that notwithstanding the same be declared to be their Majesties Chappell and allows the said David Scot of Scotstarbitt notwithstanding of his Confynement to accompanie the Funeralls that lenth He alwayes so soone as the funeralls are over retourning to and observeing the bounds of his said Confynement in the terms of the act of Councill and bond given by him and his Cautioner formerlie for that effect which is hereby declared not to be prejudged

At Edinburgh tuesday 13th November 1694

A1694/11/151

Act

Act for interring the Philiphaughs Corps in the Abbay Church

Anent the petitione given in to the Lords of their majesties privie Councill by James Murray of Philiphaugh one of the Senators of the Colledge of Justice and David Scot of Scotstarbitt Shewing That the deceast Lady Philiphaugh Haveing her mother Sister her only daughter and severall others her relationes interred and buried in the Abbay Church of Holyroodhouse It was her desyre on her death to be buried in the said Church amongst her relationes Therfore the petitioner in complyance with the defuncts desyre humbly petitioned the said Lords That they would grant libertie for her Corps being interrd in the said Church and for that end to grant warrand To the Keepers of the Abbay Church for makeing open the doors of the said Church, and admitting her said Corps to be interred there and als that the said Lords would allow the said petitioner David Scot notwithstanding of his confynement within the ports of Edinburgh To accompanie the funeralls that lenth The Lords of their majesties privy Councill Haveing considered the foresaid petitione They Hereby Recomend to her Grace the Dutches of Hamiltone and givs ordor and warrand to John Hamiltone her Baillie in the Abbay To permitt and allow the Corps of the deceast Lady Philiphaugh To be interred within the Church of Holyrudehouse and that notwithstanding the same be declared to be their Majesties Chappell and allows the said David Scot of Scotstarbitt notwithstanding of his Confynement to accompanie the Funeralls that lenth He alwayes so soone as the funeralls are over retourning to and observeing the bounds of his said Confynement in the terms of the act of Councill and bond given by him and his Cautioner formerlie for that effect which is hereby declared not to be prejudged

1. NRS, PC1/50, 41-2.

1. NRS, PC1/50, 41-2.

Warrant, 13 November 1694, Edinburgh

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At Edinburgh tuesday 13th November 1694

A1694/11/141

Warrant

Warrand for Mr Colline McKenzie to visit Earl of Seaforth in the Castle of Edinburgh

The Lords of their Majesties privy Councill allows Master Collin McKenzie unkle to the Earle of Seaforth To goe to the Earle his nephew and to visite him in the Castle of Edinburgh where he is now prisoner and that from tyme to tyme so long as the said Master Colline shall be upon the place and shall think fitt to visite the Earle his nephew for doeing whereof this shall be to all concerned a sufficient warrand

At Edinburgh tuesday 13th November 1694

A1694/11/141

Warrant

Warrand for Mr Colline McKenzie to visit Earl of Seaforth in the Castle of Edinburgh

The Lords of their Majesties privy Councill allows Master Collin McKenzie unkle to the Earle of Seaforth To goe to the Earle his nephew and to visite him in the Castle of Edinburgh where he is now prisoner and that from tyme to tyme so long as the said Master Colline shall be upon the place and shall think fitt to visite the Earle his nephew for doeing whereof this shall be to all concerned a sufficient warrand

1. NRS, PC1/50, 41.

1. NRS, PC1/50, 41.