Tag Archives: 14 August 1700

Procedure: committee formed, 14 August 1700, Edinburgh

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Att Edinburgh the Fourteinth day of August Jaj vjc years

D1700/8/121

Procedure: committee formed

Committie anent The Magistrats of Edinburgh

The Magistrates of Edinburgh being called and Compearing before his Grace his Majesties high Commissioner and the Lords of his Majesties privy Councill, The Saids Lords hereby Nominats and appoints the Earles of Argyle Marr, Cassills and Annandale and the Viscount of Tarbat to be a Committie to hear and Consider of what is informed anent the Magistrats neglect and of the Misdemaners done as at the punishing of the persones appointed to be punished by the Lords Commissioners of Justiciary for thar accession to the rable and the Misdemaners Committed by the saids persones themselves the time of their punishment, And Recommends to the said Committie to meet this afternoon at six of the Cloak and Declaires any thrie of them to be a sufficient quorum.

Att Edinburgh the Fourteinth day of August Jaj vjc years

D1700/8/121

Procedure: committee formed

Committie anent The Magistrats of Edinburgh

The Magistrates of Edinburgh being called and Compearing before his Grace his Majesties high Commissioner and the Lords of his Majesties privy Councill, The Saids Lords hereby Nominats and appoints the Earles of Argyle Marr, Cassills and Annandale and the Viscount of Tarbat to be a Committie to hear and Consider of what is informed anent the Magistrats neglect and of the Misdemaners done as at the punishing of the persones appointed to be punished by the Lords Commissioners of Justiciary for thar accession to the rable and the Misdemaners Committed by the saids persones themselves the time of their punishment, And Recommends to the said Committie to meet this afternoon at six of the Cloak and Declaires any thrie of them to be a sufficient quorum.

1. NRS, PC2/28, 6r.

1. NRS, PC2/28, 6r.

Act, 14 August 1700, Edinburgh

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Att Edinburgh the Fourteinth day of August Jaj vjc years

D1700/8/111

Act

Act In Favors of Sir Andrew Ramsay anent a Manufactory of Stuffs

Anent a Petition given in to the Lords of his majesties privy Councill be Sir Andrew Ramsay of Abbotshall and his partner Shewing That wher the petitioners are purposed to sett up a manufactur at Abbotshall of the fine stuffs of wooll and silk, or wooll and threed, half breadth of Cloath never before made or essayed in this Countrey and which by the experiment the petitioners have made else wher and the sample that the petitioners were ready to produce would Certainly prove one of the most usefull and acceptable Manufactories that ever was sett up in this kingdome Likeas for the effectuating this the petitioners purpose for the great good and benefite of the nation, The petitioners hade resolved to Imploy a Considerable stock, and to bring Craftsmen from France and other places, For all which the petitioners Craved no singular encouradgment, save that the petitioners might have Libertie and benefit of this manufactory before unknown in this kingdome for the space of Five years exclusive of all others, and for the space of Twentie one years in the ordainary and usuall maner And which manufactory the petitioners resolve also to Extend to all other sorts of stuffs of wooll or of wooll or silk, As Likewayes to silks figured or plaine but without any exclusion, save as the forsaid new stuff and that for the short space of five years only For so advantageous and expensive ane undertaking And therfore Humbly supplicating the saids Lords to the effect aftermentioned as the said petition bears, His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be Sir Androw Ramsay of Abottshall and his partners and the swatches of stuffs produced therwith left in the Clerk of Counlls hands, The Doe hereby Declare and Authorize the petitioners above manufactory in the termes and with the priviledges contained in the act of parliament Jaj vjc Eightie one Impower their Lordships for that effect, and for the space of Twenty one yeras in the ordinary and usuall maner, and with the exclusion of all others for the space of five years of the above Twenty one years As to the forsaid fine stuff of wooll and silk, or wooll and thrid allernarly, which fine stuff of wooll and silk or wooll and thried from makeing wherof all others are debarred for the space of five years, are all to be made of the same facture and make with the paternes in the said Clerks hands at granting herof.

Att Edinburgh the Fourteinth day of August Jaj vjc years

D1700/8/111

Act

Act In Favors of Sir Andrew Ramsay anent a Manufactory of Stuffs

Anent a Petition given in to the Lords of his majesties privy Councill be Sir Andrew Ramsay of Abbotshall and his partner Shewing That wher the petitioners are purposed to sett up a manufactur at Abbotshall of the fine stuffs of wooll and silk, or wooll and threed, half breadth of Cloath never before made or essayed in this Countrey and which by the experiment the petitioners have made else wher and the sample that the petitioners were ready to produce would Certainly prove one of the most usefull and acceptable Manufactories that ever was sett up in this kingdome Likeas for the effectuating this the petitioners purpose for the great good and benefite of the nation, The petitioners hade resolved to Imploy a Considerable stock, and to bring Craftsmen from France and other places, For all which the petitioners Craved no singular encouradgment, save that the petitioners might have Libertie and benefit of this manufactory before unknown in this kingdome for the space of Five years exclusive of all others, and for the space of Twentie one years in the ordainary and usuall maner And which manufactory the petitioners resolve also to Extend to all other sorts of stuffs of wooll or of wooll or silk, As Likewayes to silks figured or plaine but without any exclusion, save as the forsaid new stuff and that for the short space of five years only For so advantageous and expensive ane undertaking And therfore Humbly supplicating the saids Lords to the effect aftermentioned as the said petition bears, His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be Sir Androw Ramsay of Abottshall and his partners and the swatches of stuffs produced therwith left in the Clerk of Counlls hands, The Doe hereby Declare and Authorize the petitioners above manufactory in the termes and with the priviledges contained in the act of parliament Jaj vjc Eightie one Impower their Lordships for that effect, and for the space of Twenty one yeras in the ordinary and usuall maner, and with the exclusion of all others for the space of five years of the above Twenty one years As to the forsaid fine stuff of wooll and silk, or wooll and thrid allernarly, which fine stuff of wooll and silk or wooll and thried from makeing wherof all others are debarred for the space of five years, are all to be made of the same facture and make with the paternes in the said Clerks hands at granting herof.

1. NRS, PC2/28, 5r-v.

1. NRS, PC2/28, 5r-v.

Sederunt, 14 August 1700, Edinburgh

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Att Edinburgh the Fourteinth day of August Jaj vjc years1

D1700/8/102

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyle; Earl of Crafurrd; Earl of Marr; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Anandale; Viscount Tarbat; Lord Forbes; Lord Advocat; Lord Crossrig; Lord Provest of Edinburgh

Att Edinburgh the Fourteinth day of August Jaj vjc years1

D1700/8/102

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyle; Earl of Crafurrd; Earl of Marr; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Anandale; Viscount Tarbat; Lord Forbes; Lord Advocat; Lord Crossrig; Lord Provest of Edinburgh

1. NRS, PC2/28, 5r.

2. NRS, PC2/28, 5r.

1. NRS, PC2/28, 5r.

2. NRS, PC2/28, 5r.

Act, 14 August 1700, Edinburgh

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Att Edinburgh The Fourteenth day of August Jaj viic years

A1700/8/221

Act

Act Liberating Donald McEean vic Allister upon his Finding Caution To Compear when Called for

Anent The Petition given in To His Majesties high Commissioner and the Lords of his Majesties privy Councill By Donald McEan vic Allister in Achnabat, now prisoner in the Tolbooth of Inverness. Shewing That where The late Commissioners of Justiciary having Receaved some wrongous Information against their Petitioner as if he hade been accessory To a Depredatione or Robbery. Their Petitioner being Conscius of his own Innocency, made no Ceremony to appear, at the last Justiciary Court held at Inverness in December now bypast, That his honesty might be vindicated upon the Event of a fair Tryall, In order to which he was Committed Prisoner, in the Tolbooth of Inverness, as per the Commission of Justiciary having in the Interim Expyred, Their Petitioner has Continued to this hour prisoner, without any Tryall To his own and poor families utter Ruine, And Seing Their Petitioner offers Caution beyond Exception viz William McIntosh of Borlum, That upon Twenty one days Citation, Their Petitioner Shall Sist himself at Inverness before the next Commissioners of Justiciary, or before the Lord Justice Generall and Lords Commissioners of Justiciary at Edinburgh or Either of them their Lordships Shall Think Fitt, For undergoing the tryall for whatsoever Crymes he can be Charged with. And Therfore Humbly Craving To the Effect underwrittin as the said petition bears. His Majesties high Commissioner and Lords of his Majesties privy Councill, Haveing Considered this Petition given in to them by Donald Mackean vic Alister, They heirby give order and warrand To the magistrats of Inverness, and Keeper of their Tolbooth, To Set the petitioner at Liberty, Furth thereof, In Respect William McIntosh of Borlum, has given Bond and Enacted himself in the books of privy Councill, That he shall present the said Petitioner, Before the Lords of privy Councill or Commissioners of the next Highland Justiciary or the Lords of his Majesties Justiciary att Edinburgh or Either of them, and That he shall undergo his tryall for whatsoever Crymes, shall be laid to his Charge, And That whensoever he shall be called for, and Required therto, under the penalty of Fyve Hundered merks Scots money.

Att Edinburgh The Fourteenth day of August Jaj viic years

A1700/8/221

Act

Act Liberating Donald McEean vic Allister upon his Finding Caution To Compear when Called for

Anent The Petition given in To His Majesties high Commissioner and the Lords of his Majesties privy Councill By Donald McEan vic Allister in Achnabat, now prisoner in the Tolbooth of Inverness. Shewing That where The late Commissioners of Justiciary having Receaved some wrongous Information against their Petitioner as if he hade been accessory To a Depredatione or Robbery. Their Petitioner being Conscius of his own Innocency, made no Ceremony to appear, at the last Justiciary Court held at Inverness in December now bypast, That his honesty might be vindicated upon the Event of a fair Tryall, In order to which he was Committed Prisoner, in the Tolbooth of Inverness, as per the Commission of Justiciary having in the Interim Expyred, Their Petitioner has Continued to this hour prisoner, without any Tryall To his own and poor families utter Ruine, And Seing Their Petitioner offers Caution beyond Exception viz William McIntosh of Borlum, That upon Twenty one days Citation, Their Petitioner Shall Sist himself at Inverness before the next Commissioners of Justiciary, or before the Lord Justice Generall and Lords Commissioners of Justiciary at Edinburgh or Either of them their Lordships Shall Think Fitt, For undergoing the tryall for whatsoever Crymes he can be Charged with. And Therfore Humbly Craving To the Effect underwrittin as the said petition bears. His Majesties high Commissioner and Lords of his Majesties privy Councill, Haveing Considered this Petition given in to them by Donald Mackean vic Alister, They heirby give order and warrand To the magistrats of Inverness, and Keeper of their Tolbooth, To Set the petitioner at Liberty, Furth thereof, In Respect William McIntosh of Borlum, has given Bond and Enacted himself in the books of privy Councill, That he shall present the said Petitioner, Before the Lords of privy Councill or Commissioners of the next Highland Justiciary or the Lords of his Majesties Justiciary att Edinburgh or Either of them, and That he shall undergo his tryall for whatsoever Crymes, shall be laid to his Charge, And That whensoever he shall be called for, and Required therto, under the penalty of Fyve Hundered merks Scots money.

1. NRS, PC1/52, 150.

1. NRS, PC1/52, 150.

Act, 14 August 1700, Edinburgh

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Att Edinburgh The Fourteenth day of August Jaj viic years

A1700/8/211

Act

Act In Favours of the African and Indian Company

Anent the Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill, By the Court of Directors of the Company of Scotland, Trading to Africa and the Indies. Shewing, That their Petitioners haveing lately gott home a Certain Quantity of Gold-Dust, from the Coast of Africa, do humbly Conceave it to be for the Honour and Interest of the Kingdom, That the same be immediatly coined as being the only means by which, To hinder its Exportation. That as it is The Constant practice in other nations To honour the Importers of any Considerable quantity of Gold or Bullion, but more Especialy Companies, with a mark of distinction in the Coin, having Special relation to the Coat of armes of such Importers, It is Humbly proposed, That the said Company’s Crist may be put upon all the Coin, which shall be made of the said Gold-Dust, or out of any other Bullion, That may Thereafter be Imported by the Company, and that Speedy orders may be directed accordingly to the Officers of his majesties mint, for that Effect, Lest That through any delay or neglect thereof, The petitioners may find themselves under a necessity of Exporting the same, To the Dishonour and Loss of the Nation, as the Said Petition Signed in name presence and by warrant of the Court of Directors by Francis Scott, I.P.C.D. Bears. Which Petition Being upon The Eleventh day of July last, Read in presence of his Majesties said Commissioner, and Lords of privy Councill, They Remitted To a Committee of their own number, To Consider the same, And Thereafter the said Petition being again Read, in presence of the saids Lords, They by their Deliverance therupon, of the date the Eighteenth day of the said moneth of July last Have allowed and heirby allowes the said Company’s Crist To be put upon all the Gold to be Coyned of this present above parcell of Gold only, And have given and heirby gives order warrand and direction, To the officers of his Majesties Mint for that Effect, And have appointed and heirby appointes, That the peices To be coyned thereof be Six pounds or Twelve pounds Scots per peice,2 Thereafter the forsaid Committy haveing accordingly mett upon the Eight day of August Instant They made their Report to the saids Lords of privy Councill Bearing That Sir Francis Scott of Thirlestoune and Gilbert Stewart merchant having Compeared before them In behalf of the Directors of the said Company, And being demanded what Profite, They Craved off the parcell of Gold They offered to be Coyned, It was agreed That the Company should have Ten per Cent of profitt, which being setled It was the opinion of the Committy, That the Gold should be Coyned at twelve pound peices and halfes or doubles accordingly of Intrinsick value deduceing and allowing upon the said value the forsaid Ten per Cent. of profitt, And That the Standart be observed of the Fynes as it is Established, And That the Company have free Coinadge of their Gold, And That the officers of the mint have of allowance for coinage Three Hundereth pounds Scots per stone, And so proportionally for less or more. And his Majesties high Commissioner and Lords of his majesties privy Councill having upon the nynth day of august Instant3 Considered the above Report, anent the Gold Dust They have approved and heirby approves of the Same with this difference, That all the Gold to be Coyned, shall be Coyned in Six pound and Twelve pound peices, and none of them in Twenty Four pound peices, And it was Remitted by the forsadi Committee, To James Cockburn late Deacon of the Goldsmiths, and Mr John Borthwick Essay master of his Majesties Mint To Consider what allowance should be given per Cent of dimunition from the passing value to the reall of the said Gold when coyned and to give their Opinion and Report accordingly, Conform whereunto upon the said nynth day of August Instant. There was A Report Given in, To The Saids Lords of privy Councill By James Cockburn Gold-Smith and Mr John Borthwick Essay master of his majesties mint Bearing That the Lords of the forsaid Committee having agreed That The Gold be Coined in Twelve and Six pound peices and for Encouradgement to the Company and Inbringers of the Gold, That there be Ten per Cent of diminution, from the passing value to the Reall, And having Referred the adjusting of the Weight to them undersubscriveing, They Theirby gave their opinion therin, That one pound Four Shilling Scots which is 1/10 of the said 12 £, Being deduced there from, There Remaines 10// 16// 00// for the Reall value of the said 12 Lib peece, And Consequently Every peice must weight (of Standart Gold 22 Carracts Fyne) 3 Drops 21 3/5 grams, 36 grams being Reckoned to each Drop. Sic Subscribitur Adam Cockburn. Mr John Borhwick. And his Majesties high Commissioner and Lords of his majesties privy Councill having upon the nynth day of august Instant Considered the said Report given in to them by the said James Cockburn, and Mr John Borthwick, They have approved and heirby approves of the Samen, And have appointed And heirby appointes The peices of Gold presently to be Coyned, To have the Impressiones Following viz The Face of King William with the Crist of the African Companys armes under the same upon the one Side, with this motto Gulielmus Secundus Dei Gratia, And The Reverss Syde To have the armes of the Four Kingdoms with his Majesties propper armes in the Midle thereupon all in one Sheild. And The Letters W. upon the one Syde and R. upon the other syde without the sheild, with a Royall Crown above Each of the Saids Letters, And This motto about the Reverss Syde, Mag: Britt: Fra: et Hib: Rex, and the year of God, And appoints the officers of the mint and the Deacon of the Gold-Smiths and their Essay master, To attend the Councill upon Twesday next To Receave the Councills Commands anent the Remeids of the Gold to be Coyned. And his Majesties high Commissioner and Lords of his Majesties privy Councill, Having This day Considered The saids Two Reports anent the Gold Dust, They have allowed and heirby allowes the same to be given out by the officers of the mint according to the Remeids for Fyness and weight following. Viz: Albeit the same should Fall out accidentaly To be Fyner or Courser, Then the Standart of Fyness mentioned in the former Reports, Two grams, and one grain heavier or lighter as to the weight and That for Coynadge of Each peice of the Species of the gold Formerly ordered, To be Coyned And it is Expressly provided, That the officers of the mint shall be no means work or Fabricat the Gold, with Regaird to the Remeids aforsaid as they will be answerable. Extracted.

Att Edinburgh The Fourteenth day of August Jaj viic years

A1700/8/211

Act

Act In Favours of the African and Indian Company

Anent the Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill, By the Court of Directors of the Company of Scotland, Trading to Africa and the Indies. Shewing, That their Petitioners haveing lately gott home a Certain Quantity of Gold-Dust, from the Coast of Africa, do humbly Conceave it to be for the Honour and Interest of the Kingdom, That the same be immediatly coined as being the only means by which, To hinder its Exportation. That as it is The Constant practice in other nations To honour the Importers of any Considerable quantity of Gold or Bullion, but more Especialy Companies, with a mark of distinction in the Coin, having Special relation to the Coat of armes of such Importers, It is Humbly proposed, That the said Company’s Crist may be put upon all the Coin, which shall be made of the said Gold-Dust, or out of any other Bullion, That may Thereafter be Imported by the Company, and that Speedy orders may be directed accordingly to the Officers of his majesties mint, for that Effect, Lest That through any delay or neglect thereof, The petitioners may find themselves under a necessity of Exporting the same, To the Dishonour and Loss of the Nation, as the Said Petition Signed in name presence and by warrant of the Court of Directors by Francis Scott, I.P.C.D. Bears. Which Petition Being upon The Eleventh day of July last, Read in presence of his Majesties said Commissioner, and Lords of privy Councill, They Remitted To a Committee of their own number, To Consider the same, And Thereafter the said Petition being again Read, in presence of the saids Lords, They by their Deliverance therupon, of the date the Eighteenth day of the said moneth of July last Have allowed and heirby allowes the said Company’s Crist To be put upon all the Gold to be Coyned of this present above parcell of Gold only, And have given and heirby gives order warrand and direction, To the officers of his Majesties Mint for that Effect, And have appointed and heirby appointes, That the peices To be coyned thereof be Six pounds or Twelve pounds Scots per peice,2 Thereafter the forsaid Committy haveing accordingly mett upon the Eight day of August Instant They made their Report to the saids Lords of privy Councill Bearing That Sir Francis Scott of Thirlestoune and Gilbert Stewart merchant having Compeared before them In behalf of the Directors of the said Company, And being demanded what Profite, They Craved off the parcell of Gold They offered to be Coyned, It was agreed That the Company should have Ten per Cent of profitt, which being setled It was the opinion of the Committy, That the Gold should be Coyned at twelve pound peices and halfes or doubles accordingly of Intrinsick value deduceing and allowing upon the said value the forsaid Ten per Cent. of profitt, And That the Standart be observed of the Fynes as it is Established, And That the Company have free Coinadge of their Gold, And That the officers of the mint have of allowance for coinage Three Hundereth pounds Scots per stone, And so proportionally for less or more. And his Majesties high Commissioner and Lords of his majesties privy Councill having upon the nynth day of august Instant3 Considered the above Report, anent the Gold Dust They have approved and heirby approves of the Same with this difference, That all the Gold to be Coyned, shall be Coyned in Six pound and Twelve pound peices, and none of them in Twenty Four pound peices, And it was Remitted by the forsadi Committee, To James Cockburn late Deacon of the Goldsmiths, and Mr John Borthwick Essay master of his Majesties Mint To Consider what allowance should be given per Cent of dimunition from the passing value to the reall of the said Gold when coyned and to give their Opinion and Report accordingly, Conform whereunto upon the said nynth day of August Instant. There was A Report Given in, To The Saids Lords of privy Councill By James Cockburn Gold-Smith and Mr John Borthwick Essay master of his majesties mint Bearing That the Lords of the forsaid Committee having agreed That The Gold be Coined in Twelve and Six pound peices and for Encouradgement to the Company and Inbringers of the Gold, That there be Ten per Cent of diminution, from the passing value to the Reall, And having Referred the adjusting of the Weight to them undersubscriveing, They Theirby gave their opinion therin, That one pound Four Shilling Scots which is 1/10 of the said 12 £, Being deduced there from, There Remaines 10// 16// 00// for the Reall value of the said 12 Lib peece, And Consequently Every peice must weight (of Standart Gold 22 Carracts Fyne) 3 Drops 21 3/5 grams, 36 grams being Reckoned to each Drop. Sic Subscribitur Adam Cockburn. Mr John Borhwick. And his Majesties high Commissioner and Lords of his majesties privy Councill having upon the nynth day of august Instant Considered the said Report given in to them by the said James Cockburn, and Mr John Borthwick, They have approved and heirby approves of the Samen, And have appointed And heirby appointes The peices of Gold presently to be Coyned, To have the Impressiones Following viz The Face of King William with the Crist of the African Companys armes under the same upon the one Side, with this motto Gulielmus Secundus Dei Gratia, And The Reverss Syde To have the armes of the Four Kingdoms with his Majesties propper armes in the Midle thereupon all in one Sheild. And The Letters W. upon the one Syde and R. upon the other syde without the sheild, with a Royall Crown above Each of the Saids Letters, And This motto about the Reverss Syde, Mag: Britt: Fra: et Hib: Rex, and the year of God, And appoints the officers of the mint and the Deacon of the Gold-Smiths and their Essay master, To attend the Councill upon Twesday next To Receave the Councills Commands anent the Remeids of the Gold to be Coyned. And his Majesties high Commissioner and Lords of his Majesties privy Councill, Having This day Considered The saids Two Reports anent the Gold Dust, They have allowed and heirby allowes the same to be given out by the officers of the mint according to the Remeids for Fyness and weight following. Viz: Albeit the same should Fall out accidentaly To be Fyner or Courser, Then the Standart of Fyness mentioned in the former Reports, Two grams, and one grain heavier or lighter as to the weight and That for Coynadge of Each peice of the Species of the gold Formerly ordered, To be Coyned And it is Expressly provided, That the officers of the mint shall be no means work or Fabricat the Gold, with Regaird to the Remeids aforsaid as they will be answerable. Extracted.

1. NRS, PC1/52, 147-9.

2. Sic.

3. The phrase ‘upon the nynth day of august Instant’ is an insertion.

1. NRS, PC1/52, 147-9.

2. Sic.

3. The phrase ‘upon the nynth day of august Instant’ is an insertion.

Act, 14 August 1700, Edinburgh

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Att Edinburgh The Fourteenth day of August Jaj viic years

A1700/8/201

Act

Act Dischargeing The Importation of Cloaths and Stuffs wherin there is any mixture

Anent The Petition given in to the Lords of his majesties privy Councill by William Cochran of Ochiltree therto subserveing. Shewing That Whereas their Petitioner, having pursued the merchants of the Town of Edinburgh before the Sheriff of Lothian, For Importing Resetting and selling any thing that is made of woolen Contrary to the acts of Parliament, and Proclamationes of Councill, And most of the merchants in Edinburgh haveing given Bond, That They shall observe the Laws in tyme Comeing, which was all the design ther Petitioner hade in prosecuteing of them notwithstanding wherof there are severall merchants in Edinburgh who design to Continue in their former Transgression, have appeared and deponed, That they are free of Importing any Cloath these three moneths by past, But acknowledges That they have Imported and Sold Druggetts, Mascarade, and antinnes wherin there is a mixture of Silk, as if the putting in a litle Silk, in a worsetted Stuff would Transubstantiat it into a Silk Stuff, And If This be allowed The law shall absolutely be Eleided for all the Cloaths they bring from England or Else where in tyme Comeing, will have a Small mixture of Silk in them, And in Regaird those goods hes been publickly Entered by all the Custom-houses as if they hade not been forbidden, And Therfore Humbly Craving To the Effect underwritten as the said Petition Bears. His Majesties high Commissioner and the Lords of his Majesties privy Councill, Having Considered this Petition given in to them be the within William Cochran of Ocheltrie and the acts of Parliament against the Importing of woolen manufacture And their Lordships Proclamation or act thereanent, They heirby declare That the forsaids Acts and Proclamation Doe Include a discharge of Importing any Cloaths Stuffs, or Stockings made of Wool or wherin there is any mixture with wool whither of Silk, Thread, or hair, And That nothing of that Sort ought to be Imported into this Kingdom, And heirby appointes all Judges To determine accordingly And ordaines thir presents to be printed and published.

Att Edinburgh The Fourteenth day of August Jaj viic years

A1700/8/201

Act

Act Dischargeing The Importation of Cloaths and Stuffs wherin there is any mixture

Anent The Petition given in to the Lords of his majesties privy Councill by William Cochran of Ochiltree therto subserveing. Shewing That Whereas their Petitioner, having pursued the merchants of the Town of Edinburgh before the Sheriff of Lothian, For Importing Resetting and selling any thing that is made of woolen Contrary to the acts of Parliament, and Proclamationes of Councill, And most of the merchants in Edinburgh haveing given Bond, That They shall observe the Laws in tyme Comeing, which was all the design ther Petitioner hade in prosecuteing of them notwithstanding wherof there are severall merchants in Edinburgh who design to Continue in their former Transgression, have appeared and deponed, That they are free of Importing any Cloath these three moneths by past, But acknowledges That they have Imported and Sold Druggetts, Mascarade, and antinnes wherin there is a mixture of Silk, as if the putting in a litle Silk, in a worsetted Stuff would Transubstantiat it into a Silk Stuff, And If This be allowed The law shall absolutely be Eleided for all the Cloaths they bring from England or Else where in tyme Comeing, will have a Small mixture of Silk in them, And in Regaird those goods hes been publickly Entered by all the Custom-houses as if they hade not been forbidden, And Therfore Humbly Craving To the Effect underwritten as the said Petition Bears. His Majesties high Commissioner and the Lords of his Majesties privy Councill, Having Considered this Petition given in to them be the within William Cochran of Ocheltrie and the acts of Parliament against the Importing of woolen manufacture And their Lordships Proclamation or act thereanent, They heirby declare That the forsaids Acts and Proclamation Doe Include a discharge of Importing any Cloaths Stuffs, or Stockings made of Wool or wherin there is any mixture with wool whither of Silk, Thread, or hair, And That nothing of that Sort ought to be Imported into this Kingdom, And heirby appointes all Judges To determine accordingly And ordaines thir presents to be printed and published.

1. NRS, PC1/52, 146-7.

1. NRS, PC1/52, 146-7.

Commission, 14 August 1700, Edinburgh

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Att Edinburgh The Fourteenth day of August Jaj viic years

A1700/8/191

Commission

Commission for trying and Judgeing Jean Hay alleadged guilty of murdering her own Child

His Majesties high Commissioner, And The Lords of his Majesties privy Councill, Being Informed That Jean Hay in the parish of Alloway in the Barrony of Tillibody, and sheriffdome of Clackmannan, and now prisoner in the Tolbooth of Alloway, Is alledged guilty of the horrid and unnaturall Cryme of murdering her own Child, And Considering It will be a great deal of Charges and Expenses, To bring the said Jean Hay to this place, in order to a tryall before the Lords Commissioners of Justiciary, Besides That severall Inconveniencies may arise by her Transportation, And his Grace and their Lordships Likeways Considering That this Horrid Cryme cannot be Tryed and Judged by any persones in the Countrey, without a warrand and Commission from them for that Effect, And his Majesties high Commissioner and the Lords of his majesties privy Councill being Desireous, To have the said matter Brought to a tryall, That the person guilty may Receave Condign punishment, and others may be deterred from Committing so Horrid a Cryme in tyme coming. They Doe heirby Give Full power warrand and Commission To Mr Robert Stewart Commissar […] And Sheriff of the Shyre, Sir John Erskine of Alva Captain John Erskine his uncle, Livetennent Colonell James Bruce of Kennet, Mr Alexander Abercromby of Tillibody Advocat, Robert Alexander Factor To the Earle of Mar and Alexander Inglis Factor To the Estate of Clackman And declares any Three of the forsaids persones to be a Sufficient quorum, The Sheriff being always one of them And The saids Commissioners or their said quorum, being qualified by Taking the oath of alledgance, and subscriving the same with the assurance, and association before they Enter upon the Execution of their offices, be vertue heirof To Take Tryall off and to Judge, and doe Justice upon the said Jean Hay, for the said horrid Cryme of murder And in order therto, To meet and Conveen att […] And There to accept of this present Commission, And upon their acceptance To adminsitrat the oath of fidelity, To the person whom the Lord Justice Clerk, and James Montgomry of Langshaw, Clerk to the Justice Court, shall depute and Substitute, To be Clerk to this present Commission, With power to the Saids Commissioners or their said quorum, To Choice their own Clerk For whom They shall be answerable In caice That The Saids Lord Justice-Clerk, and James Montgomry shall Refuse, To nominat a Clerk in this matter, They being First Required so to doe, with power likeways To the saids persones heirby Commissioned or their said quorum, To Creat make and Constitute, Serjeants, Dempsters, and other members of the said Court And to Issue out and Cause raise Precepts or Lybells of Indytement att the Instance of […] procurator Fiscall, for his majesties Interest in the said matter, against the said Jean-Hay accused for the said Horrid Cryme of murder, For Summonding and Citeing her upon Fifteen days by delivering to her a Full Coppie of the Lyble and Indictment, with the names And designationes of the assizers and witnesses Subjoined, and For citeing the assizers and witnesses in the ordinary maner, and under the usual paines and Certificationes, To Compear before the saids Commissioners, heirby Commissionat or their said quorum att […] With power also to them, To amerciat and Fyne the Absent assizers and witnesses. and the amerciaments and Fynes to uplift, for their own use and behoove, And To Adjourn themselves from tyme to tyme, Till the Relevancy be discust To the Effect, That the Pannell being Fully heard, The Saids Commissioners or their said quorum, may Judge and determine the said Relevancy of the Lybell, And To Call ane Inqueist of Fourty five persones, who are to be Cited on the Assize of the said Pannell, and a List of their names and designationes given in to the said person accused with her Lybell, In presence of the saids persones of Inqueist By pronunceing ane Interloquitor theron, Out of that numbar To Choice and assize of Fifteen, And To administrat to them the ordinary Oath in the usuall way, And with power also to the saids Commissioners or their said quorum To Examine the witnesses to be Cited in presence of the said Pannell, and sworn Inqueist, upon the points That shall be admitted to probation, And Immediatly thereafter, without any adjournment, To Remitt the said Lyble and Interloquitor to be given by them anent the Relevancy thereof and the depositiones of the Witnesses to be taken in manner forsaid, To the Knowledge of the Said Inqueist and assize, who without delay or going out of the Court, are to be Inclosed by themselves, and heirby appointed To Remain so Inclosed, and none Suffered to be with them or to have access to them, or any of themselves Suffered to goe out, untill they be agreed and Conclude their answer, And To Elect a Chancellor or President, with a Clerk of their own number, And after reading and peruseing of the said Indictment, Interloquitor to be pronunced thereon, and depositiones of the Witnesses, To be taken in presence of the said pannell and assize, They are to Find The Lybell proven against the said Pannell or not, according to law as they will be answerable to God and a good Conscience, And That they draw up their verdict accordingly, Bearing what way Every assizer doth vote, and deliver the samen being First subscrived, by the Chancellor and Clerk and Sealed by the hand of their Chancellor or President, To the saids Commissioners or their said quorum whom they heirby authorize and Commissionat to advise the haill process, and verdict of the Inqueist, And to give and pronunce sentence Condemnator or Absolvitor in the said matter, according to Justice, And in caice the saids persones shall find the pannell guilty of the Cryme layed to her Charge, With power to the saids Commissioners or their said quorum, To Decerne and adjudge her to be hanged or otherways to be Execute to the death after such a manner as they shall Think Fitt, And Appoints the saids Commissioners there said quorum and Clerk, To Transmitt the haill process, which shall be laid before them against the said pannell and severall steps therof and verdict of the Inqueist, To be given therupon, To his Grace and their Lordships Betwixt and […] To be Considered be them, And discharges the Saids Commissioners, or their said quorum To Suffer the Sentence which shall be pronunced be them, To be put to Execution or to appoint or affix a day for Executeing thereof, without Speciall order and warrand hade and obtained from his Majesties high Commissioner and Lords of privy Councill for that Effect And generally with Full power to the Saids Commissioners or their said quorum, To act doe and perform all and Sundry other things whatsomever Competent and Incumbent, to be acted done or performed by any Commissioners of Justiciary hitherto nominated and appointed By his Grace and their Lordships and They heirby appoint the Saids Commissioners or their said quorum within the Space of […] after pronuncing and Executing on their Sentence in this matter, upon Special warrant To be given by his Grace and their Lordships for doing the same, To Report to the Lords Commissioners of Justiciary or to the Clerk of the Criminall Court ane authentick Coppie under their hands of their said process Sentence and the manner of Executeing therof, To the Effect the same may be Recorded in the books of Justiciary which the Clerk to the Criminall Court, is heirby Required to Record therin as he will be answerable, Given at Edinburgh The Fourteenth day of August, on Thousand and Seven Hundereth years. Sic Subscribitur Marchmont Cancellar, Argyll, Crafurd, Mar, Morton Cassilis Lothian, Annandale Tarbat, Forbes, James Stewart, David Home.

Att Edinburgh The Fourteenth day of August Jaj viic years

A1700/8/191

Commission

Commission for trying and Judgeing Jean Hay alleadged guilty of murdering her own Child

His Majesties high Commissioner, And The Lords of his Majesties privy Councill, Being Informed That Jean Hay in the parish of Alloway in the Barrony of Tillibody, and sheriffdome of Clackmannan, and now prisoner in the Tolbooth of Alloway, Is alledged guilty of the horrid and unnaturall Cryme of murdering her own Child, And Considering It will be a great deal of Charges and Expenses, To bring the said Jean Hay to this place, in order to a tryall before the Lords Commissioners of Justiciary, Besides That severall Inconveniencies may arise by her Transportation, And his Grace and their Lordships Likeways Considering That this Horrid Cryme cannot be Tryed and Judged by any persones in the Countrey, without a warrand and Commission from them for that Effect, And his Majesties high Commissioner and the Lords of his majesties privy Councill being Desireous, To have the said matter Brought to a tryall, That the person guilty may Receave Condign punishment, and others may be deterred from Committing so Horrid a Cryme in tyme coming. They Doe heirby Give Full power warrand and Commission To Mr Robert Stewart Commissar […] And Sheriff of the Shyre, Sir John Erskine of Alva Captain John Erskine his uncle, Livetennent Colonell James Bruce of Kennet, Mr Alexander Abercromby of Tillibody Advocat, Robert Alexander Factor To the Earle of Mar and Alexander Inglis Factor To the Estate of Clackman And declares any Three of the forsaids persones to be a Sufficient quorum, The Sheriff being always one of them And The saids Commissioners or their said quorum, being qualified by Taking the oath of alledgance, and subscriving the same with the assurance, and association before they Enter upon the Execution of their offices, be vertue heirof To Take Tryall off and to Judge, and doe Justice upon the said Jean Hay, for the said horrid Cryme of murder And in order therto, To meet and Conveen att […] And There to accept of this present Commission, And upon their acceptance To adminsitrat the oath of fidelity, To the person whom the Lord Justice Clerk, and James Montgomry of Langshaw, Clerk to the Justice Court, shall depute and Substitute, To be Clerk to this present Commission, With power to the Saids Commissioners or their said quorum, To Choice their own Clerk For whom They shall be answerable In caice That The Saids Lord Justice-Clerk, and James Montgomry shall Refuse, To nominat a Clerk in this matter, They being First Required so to doe, with power likeways To the saids persones heirby Commissioned or their said quorum, To Creat make and Constitute, Serjeants, Dempsters, and other members of the said Court And to Issue out and Cause raise Precepts or Lybells of Indytement att the Instance of […] procurator Fiscall, for his majesties Interest in the said matter, against the said Jean-Hay accused for the said Horrid Cryme of murder, For Summonding and Citeing her upon Fifteen days by delivering to her a Full Coppie of the Lyble and Indictment, with the names And designationes of the assizers and witnesses Subjoined, and For citeing the assizers and witnesses in the ordinary maner, and under the usual paines and Certificationes, To Compear before the saids Commissioners, heirby Commissionat or their said quorum att […] With power also to them, To amerciat and Fyne the Absent assizers and witnesses. and the amerciaments and Fynes to uplift, for their own use and behoove, And To Adjourn themselves from tyme to tyme, Till the Relevancy be discust To the Effect, That the Pannell being Fully heard, The Saids Commissioners or their said quorum, may Judge and determine the said Relevancy of the Lybell, And To Call ane Inqueist of Fourty five persones, who are to be Cited on the Assize of the said Pannell, and a List of their names and designationes given in to the said person accused with her Lybell, In presence of the saids persones of Inqueist By pronunceing ane Interloquitor theron, Out of that numbar To Choice and assize of Fifteen, And To administrat to them the ordinary Oath in the usuall way, And with power also to the saids Commissioners or their said quorum To Examine the witnesses to be Cited in presence of the said Pannell, and sworn Inqueist, upon the points That shall be admitted to probation, And Immediatly thereafter, without any adjournment, To Remitt the said Lyble and Interloquitor to be given by them anent the Relevancy thereof and the depositiones of the Witnesses to be taken in manner forsaid, To the Knowledge of the Said Inqueist and assize, who without delay or going out of the Court, are to be Inclosed by themselves, and heirby appointed To Remain so Inclosed, and none Suffered to be with them or to have access to them, or any of themselves Suffered to goe out, untill they be agreed and Conclude their answer, And To Elect a Chancellor or President, with a Clerk of their own number, And after reading and peruseing of the said Indictment, Interloquitor to be pronunced thereon, and depositiones of the Witnesses, To be taken in presence of the said pannell and assize, They are to Find The Lybell proven against the said Pannell or not, according to law as they will be answerable to God and a good Conscience, And That they draw up their verdict accordingly, Bearing what way Every assizer doth vote, and deliver the samen being First subscrived, by the Chancellor and Clerk and Sealed by the hand of their Chancellor or President, To the saids Commissioners or their said quorum whom they heirby authorize and Commissionat to advise the haill process, and verdict of the Inqueist, And to give and pronunce sentence Condemnator or Absolvitor in the said matter, according to Justice, And in caice the saids persones shall find the pannell guilty of the Cryme layed to her Charge, With power to the saids Commissioners or their said quorum, To Decerne and adjudge her to be hanged or otherways to be Execute to the death after such a manner as they shall Think Fitt, And Appoints the saids Commissioners there said quorum and Clerk, To Transmitt the haill process, which shall be laid before them against the said pannell and severall steps therof and verdict of the Inqueist, To be given therupon, To his Grace and their Lordships Betwixt and […] To be Considered be them, And discharges the Saids Commissioners, or their said quorum To Suffer the Sentence which shall be pronunced be them, To be put to Execution or to appoint or affix a day for Executeing thereof, without Speciall order and warrand hade and obtained from his Majesties high Commissioner and Lords of privy Councill for that Effect And generally with Full power to the Saids Commissioners or their said quorum, To act doe and perform all and Sundry other things whatsomever Competent and Incumbent, to be acted done or performed by any Commissioners of Justiciary hitherto nominated and appointed By his Grace and their Lordships and They heirby appoint the Saids Commissioners or their said quorum within the Space of […] after pronuncing and Executing on their Sentence in this matter, upon Special warrant To be given by his Grace and their Lordships for doing the same, To Report to the Lords Commissioners of Justiciary or to the Clerk of the Criminall Court ane authentick Coppie under their hands of their said process Sentence and the manner of Executeing therof, To the Effect the same may be Recorded in the books of Justiciary which the Clerk to the Criminall Court, is heirby Required to Record therin as he will be answerable, Given at Edinburgh The Fourteenth day of August, on Thousand and Seven Hundereth years. Sic Subscribitur Marchmont Cancellar, Argyll, Crafurd, Mar, Morton Cassilis Lothian, Annandale Tarbat, Forbes, James Stewart, David Home.

1. NRS, PC1/52, 143-6.

1. NRS, PC1/52, 143-6.

Sederunt, 14 August 1700, Edinburgh

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Att Edinburgh The Fourteenth day of August Jaj viic years12

A1700/8/183

Sederunt

His Majesties high Commissioner; Lord Chancellor; Earl of Argyle; Earl of Crafurd; Earl of Mar; Earl of Morton; Earl of Cassills; Earl of Lothian; Earl of Annandale; Viscount Tarbat; Lord Forbes; Lord Advocat; Lord Crossrig; Lord Provost of Edinburgh

Att Edinburgh The Fourteenth day of August Jaj viic years12

A1700/8/183

Sederunt

His Majesties high Commissioner; Lord Chancellor; Earl of Argyle; Earl of Crafurd; Earl of Mar; Earl of Morton; Earl of Cassills; Earl of Lothian; Earl of Annandale; Viscount Tarbat; Lord Forbes; Lord Advocat; Lord Crossrig; Lord Provost of Edinburgh

1. NRS, PC1/52, 143.

2. A marginal note appears alongside this date heading: ‘Warrand For six Souldiers and a Corporal to stay with Alexander Veith This warrand is booked after the 14th instant per licet. 9 August 1700.’ But now inserted under correct date

3. NRS, PC1/52, 143.

1. NRS, PC1/52, 143.

2. A marginal note appears alongside this date heading: ‘Warrand For six Souldiers and a Corporal to stay with Alexander Veith This warrand is booked after the 14th instant per licet. 9 August 1700.’ But now inserted under correct date

3. NRS, PC1/52, 143.