Tag Archives: 14 November 1695

Procedure, 14 November 1695, Edinburgh

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Edinburgh Thursday 14th November 1695

D1695/11/101

Procedure

Recomendation The Lord Advocat To wryt to the Commissioners of Justiciary for the District of Inverness anent Lochell and others

The Lords of his Majesties privy Councill haveing heard a petition given in to them be Sir Even Campbell of Lochell and severall others who are cited before the Commission of Justiciary for the districk of Innvernes for Murder and other Crymes alledged Committed in the year Eightie Nyne with a Counter petition be Lodovick Grant of that ilk Read in ther presence and haveing Considered both petitiones, They heirby Recomend to Sir James Stewart his majesties advocat to write to the Commissioners of Justiciary for the District of Innverness, Before whom the proces at the instance of the Laird of Grant and others against the said of Lochell and others for murdering of James Grant of Schongollie and other persones therin named and for the other Crymes therin mentioned Is raised intimating to them that the saids Lords of his majesties privy Councill Doe Requyre the saids Commissioners to Continue the dyet appointed in the said process without Calling or proceiding therin, untill the saids Lords be furder informed by these Concerned of the Crimes Charged and Circumstances therof and give new orders theranent and in the mean time allowes the Laird of Grant to See and answer the petition given in for the Laird of Lochell.

Edinburgh Thursday 14th November 1695

D1695/11/101

Procedure

Recomendation The Lord Advocat To wryt to the Commissioners of Justiciary for the District of Inverness anent Lochell and others

The Lords of his Majesties privy Councill haveing heard a petition given in to them be Sir Even Campbell of Lochell and severall others who are cited before the Commission of Justiciary for the districk of Innvernes for Murder and other Crymes alledged Committed in the year Eightie Nyne with a Counter petition be Lodovick Grant of that ilk Read in ther presence and haveing Considered both petitiones, They heirby Recomend to Sir James Stewart his majesties advocat to write to the Commissioners of Justiciary for the District of Innverness, Before whom the proces at the instance of the Laird of Grant and others against the said of Lochell and others for murdering of James Grant of Schongollie and other persones therin named and for the other Crymes therin mentioned Is raised intimating to them that the saids Lords of his majesties privy Councill Doe Requyre the saids Commissioners to Continue the dyet appointed in the said process without Calling or proceiding therin, untill the saids Lords be furder informed by these Concerned of the Crimes Charged and Circumstances therof and give new orders theranent and in the mean time allowes the Laird of Grant to See and answer the petition given in for the Laird of Lochell.

1. NRS, PC2/26, 24v.

1. NRS, PC2/26, 24v.

Decreet, 14 November 1695, Edinburgh

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Edinburgh Thursday 14th November 1695

D1695/11/91

Decreet

Decreit the Countess of Rothes and others Against the Earle of Melvill and others

Anent our Soveraigne Lords letters or Lybell raised before the Lords of his majesties privy Councill at the instance of Margret Countess of Rothes and John Lord Lessly her sone heritable shirreffs of the shirrefdome of Fyfe and Patrick Bruce of Bumzeon ther depute with Concourse of Sir James Stewart his Majesties Advocat for highnes intrest in the matter underwritten Making Mention That wher albeit by Constant Law and practiq of this and all other weell governed kingdomes, The invading and disturbing his majesties leidges and Ministers of Law in the exercise of their office and the disturbing and disolveing of Courts of Justice Legally fenced in his2 Majesties name and authoritie Be Crimes of ane high nature and Severly punishable Especially when the same is done in a Tumultuary maner and be way of Convocation of armed men and by the hundred and Fourth act parliament 14th King James 3d It is Expressly Statute that when any party shall come to Court be way of Gathering and Convocation, The Shireff and his deputs shall in his Majesties name Charge them to disipat and retire And in case of ther refuseall to Cease and to disist the Court for that day and ther said refuseall and disobedience being ther after Complained off and proven against them That the said disobeyers be punished in ther persones and goods in maner therin sett doune As also by the hundred and Seventie thrid act parliament 13th James 6th It is expressly Statute and ordained That whosoever shall Strick hurt or do violence to any person in open Court before any of his majesties Judges sitting upon the Bench, They shall be Severly punished by Imprisonment and otherwayes in maner specified in the said act Nevertheless It is of verity That George Earle of Melvill Lord privy Seall David Earle of Leven, and Alexander Lord Raith Lord Thesaurer Depute, The master of Buccleuch The Laird of Cassengray, Mr James Melvill of Hullhill Sir James Mcgill of Rankeillor, James Lundy of Auchtermains George Moncreiff of Reddie, Robert Hay of Strecie John Hay of Naughton younger Robert Douglass of Airdit, James Crafurd of Mountwhany James Lundine of Straithairly Mr Robert Whyt younger of Bennochie, Alexander Melvill of Murdoecaine John Lessly of Quarter John Moncriff of Murriepae Mr David Scrymgeor of Cartinmore, Walter Bosswall of Ballbartine, James Smittoune The Lady Castlehavens baillie John Weymes younger of Bogy John Arnot of Balcourno David Balfour of Grainge, James Maxwell of Fleckibank John Melvill of Carsbeirdy John Orrock pretended Clerk of the supply and John Crafurd younger of Montquhamy are Guilty of and hath presumed to Comitt the forsaid Crimes In so farr as The said Patrick Bruce of Bumzion as shireff depute of Fyfe leggally Authorized by the saids Margret Countes of Rothes and John Lord Lessly her sone haveing come upon the fiftein day of October instent to the Tolbooth of Couper and Seatted himself upon the bench about ten a Cloack and haveing fenced a Court in the said pursuers names and being in the exercise of his office Ministring Justice to his Majesties people and many persons pursuers and defenders with ther respective procurators And the Shireff Clerk and all other members of Court being then present and Conveened attending ther busines in ther queit and orderly maner as use was True It is That the persone above Complained upon with a great number of ther associats and attendents all armed with Swords etc To the number of Threttie Fourtie or fifty persones, Did in a most rude and tumultary maner entered the said3 Court And without Leave asked or given Did press Straight forward to the Bench wher the said Patrick Bruce was then sitting in Judgment as said is and did by open force and violence dispossess ther procurators and other members of Court from the ordinary seats and places Allowed to them for Discharging their duties of their respective Imployments in the said Shireff Court, And albeit the said Patrick Bruce as shiref depute Did in his majesties name and in a most Civill and oblidging maner Desire the forsaids persones to forebear for some litle time untill some bussiness then in Agitation before him were determined and ended promiseing to make the Court void to them within a very short space yet the saids persones above Complained upon Did absolutely refuse to Comply with his so Just and reasonable Desire, But on the Contrary still persisted in their said rude and Illegall violence untill they thrust all the members of Court from their Seatts and places as said is, And Likewayes violently thrust all the other persones attending the Court to such a distance from the Bench that they were neither able to hear the Shirreff depute nor he to hear them useing many Minaces and threatnings to them in the mean time in cace they Should not instantly remove and leave the Court Wherby the Shirreff depute was most Illegally interrupted and debarred from the administration of Justice to his majesties people at the time and forced to ryss from the bench and protest against them for their forsaid violence and intrussion upon the Shirreff Court in maner forsaid, Off Which Crimes abovewritten the haill persones above Complained upon are guilty as actors at least as airt and part of the same And Therfore Ought to be punished in ther persone and goods to the terror and example of others to doe or Comitt the like in time comeing And Anent the Charge given to the haill forenamed persones defenders To have Compeired personally before the saids Lords at ane Certaine day now by gone To have answered to the forsaid Complaint And to have heard and seen such order and Course taken theranent as the saids Lords Should think fitt under the paine of Rebellion and puting of them to the horn with Certification etc As in the principall letters or Lybell raised in the said matter and executiones therof at more length is Contained Which Lybell being upon the Seventh day of november instant Called in presence of the saids Lords of his majesties privy Councill And the said Lord Lessly and Patrick Bruce of Bumzion two of the pursuers Compeiring personally with Sir Patrick Home and Mr David Cuninghame ther advocats and the Lord privy Seall The Earle of Leven Lord Raith thesaurer depute being present at the Councill board did remove to the Foot of the Table and Mr James Melvill of Halhill and the rest of the wholl defenders at least the most part of them Compeiring personally with Mr Hew Dalrymple, Mr Rory Mckenzie and Mr George Alexander ther advocats The Lybell being read and both parties advocats fully heard The Earle of Leven gave in a decline against the Lord Yester, Lord Justice Clerk and Enstruther Mr Frances Montgomry and Sir Robert Sinclair of Stivensone Which being Considered be the Councill They Refused to Sustaine the same. In Respect It does not meet any of the4 Cases in the act of parliament anent Declynators And the saids Lords having Considered the said lybell They admitt the same to the pursuers probation And the wholl witnesses Cited and Called being present and having made faith the Councill Nominats and appoints the Earle of Forfar Lords Murray and Carmicheall and Sir Thomas Burnet of Leyes to be a Comittie for examineing of the saids witnesses to be proponed and Discussed before the Committie And appoints the Committie to meet the morow at ten in the forenoon And Declares any two of them to be a suficient quorum and in the mean time Recomends to them to Setle and agree the parties and incase of deficultie to report to the Councill, And the said Comittie having mett the pursuers adduced diverse and Sundrie famous witnesses for proveing the points of the said Lybell Who being all Solemnly Sworne and examined before the said Comittie Deponed and Declaired as their oathes and depositiones extant in process bears And The Saids Lords of his Majesties privy Councill Having this day advysed the probatione and Considered the depositiones of the witnesses adduced be the pursuers in this Cause They Fand the Lybell proven as to the interupting of the Shirreff Court of Fyfe after the Court was fenced And Therfore They heirby Decerne and Ordaine The Earle of Melvill Lord privy Seall The Earle of Leven and Lord Raith thesaurer Depute to goe to the Countess of Rothes pursuer betwixt and Tuesday nixt and in presence of the Lord Murray – and Sir Thomas Burnet of Leyes two of the Lords of his majesties privy Councill To Declair that they intended no injury nor offence to her Ladyship or her right or his Majesties jurisdictione by what hapned in the said Shireff Court upon the fiftein of october Last And Ordaines John Brock one of the defenders instantly to be Caried prisoner to the Tolbooth of Edinburgh To remaine dureing the Councills pleasure And Decernes and Ordaines Mr James Melvill of Halhill George Moncreif of Reddie John Hay younger of Naughtoune James Lundie of Auchtermerine and Sir James Mcgill of Rankeillor to make payment of the sum of Two hundred punds Scots money equally amongst them being Fourtie pund for each of them to the said Countess of Rothes pursuer for the expences Sustained by them in this process And ordaines letters of horning on fiftein dayes to be direct heiron against the saids five defenders Imediatly abovenamed for payment of the saids Two hundred punds as above Decerned for and others upon the premisses if need beis in forme as effeirs.

Edinburgh Thursday 14th November 1695

D1695/11/91

Decreet

Decreit the Countess of Rothes and others Against the Earle of Melvill and others

Anent our Soveraigne Lords letters or Lybell raised before the Lords of his majesties privy Councill at the instance of Margret Countess of Rothes and John Lord Lessly her sone heritable shirreffs of the shirrefdome of Fyfe and Patrick Bruce of Bumzeon ther depute with Concourse of Sir James Stewart his Majesties Advocat for highnes intrest in the matter underwritten Making Mention That wher albeit by Constant Law and practiq of this and all other weell governed kingdomes, The invading and disturbing his majesties leidges and Ministers of Law in the exercise of their office and the disturbing and disolveing of Courts of Justice Legally fenced in his2 Majesties name and authoritie Be Crimes of ane high nature and Severly punishable Especially when the same is done in a Tumultuary maner and be way of Convocation of armed men and by the hundred and Fourth act parliament 14th King James 3d It is Expressly Statute that when any party shall come to Court be way of Gathering and Convocation, The Shireff and his deputs shall in his Majesties name Charge them to disipat and retire And in case of ther refuseall to Cease and to disist the Court for that day and ther said refuseall and disobedience being ther after Complained off and proven against them That the said disobeyers be punished in ther persones and goods in maner therin sett doune As also by the hundred and Seventie thrid act parliament 13th James 6th It is expressly Statute and ordained That whosoever shall Strick hurt or do violence to any person in open Court before any of his majesties Judges sitting upon the Bench, They shall be Severly punished by Imprisonment and otherwayes in maner specified in the said act Nevertheless It is of verity That George Earle of Melvill Lord privy Seall David Earle of Leven, and Alexander Lord Raith Lord Thesaurer Depute, The master of Buccleuch The Laird of Cassengray, Mr James Melvill of Hullhill Sir James Mcgill of Rankeillor, James Lundy of Auchtermains George Moncreiff of Reddie, Robert Hay of Strecie John Hay of Naughton younger Robert Douglass of Airdit, James Crafurd of Mountwhany James Lundine of Straithairly Mr Robert Whyt younger of Bennochie, Alexander Melvill of Murdoecaine John Lessly of Quarter John Moncriff of Murriepae Mr David Scrymgeor of Cartinmore, Walter Bosswall of Ballbartine, James Smittoune The Lady Castlehavens baillie John Weymes younger of Bogy John Arnot of Balcourno David Balfour of Grainge, James Maxwell of Fleckibank John Melvill of Carsbeirdy John Orrock pretended Clerk of the supply and John Crafurd younger of Montquhamy are Guilty of and hath presumed to Comitt the forsaid Crimes In so farr as The said Patrick Bruce of Bumzion as shireff depute of Fyfe leggally Authorized by the saids Margret Countes of Rothes and John Lord Lessly her sone haveing come upon the fiftein day of October instent to the Tolbooth of Couper and Seatted himself upon the bench about ten a Cloack and haveing fenced a Court in the said pursuers names and being in the exercise of his office Ministring Justice to his Majesties people and many persons pursuers and defenders with ther respective procurators And the Shireff Clerk and all other members of Court being then present and Conveened attending ther busines in ther queit and orderly maner as use was True It is That the persone above Complained upon with a great number of ther associats and attendents all armed with Swords etc To the number of Threttie Fourtie or fifty persones, Did in a most rude and tumultary maner entered the said3 Court And without Leave asked or given Did press Straight forward to the Bench wher the said Patrick Bruce was then sitting in Judgment as said is and did by open force and violence dispossess ther procurators and other members of Court from the ordinary seats and places Allowed to them for Discharging their duties of their respective Imployments in the said Shireff Court, And albeit the said Patrick Bruce as shiref depute Did in his majesties name and in a most Civill and oblidging maner Desire the forsaids persones to forebear for some litle time untill some bussiness then in Agitation before him were determined and ended promiseing to make the Court void to them within a very short space yet the saids persones above Complained upon Did absolutely refuse to Comply with his so Just and reasonable Desire, But on the Contrary still persisted in their said rude and Illegall violence untill they thrust all the members of Court from their Seatts and places as said is, And Likewayes violently thrust all the other persones attending the Court to such a distance from the Bench that they were neither able to hear the Shirreff depute nor he to hear them useing many Minaces and threatnings to them in the mean time in cace they Should not instantly remove and leave the Court Wherby the Shirreff depute was most Illegally interrupted and debarred from the administration of Justice to his majesties people at the time and forced to ryss from the bench and protest against them for their forsaid violence and intrussion upon the Shirreff Court in maner forsaid, Off Which Crimes abovewritten the haill persones above Complained upon are guilty as actors at least as airt and part of the same And Therfore Ought to be punished in ther persone and goods to the terror and example of others to doe or Comitt the like in time comeing And Anent the Charge given to the haill forenamed persones defenders To have Compeired personally before the saids Lords at ane Certaine day now by gone To have answered to the forsaid Complaint And to have heard and seen such order and Course taken theranent as the saids Lords Should think fitt under the paine of Rebellion and puting of them to the horn with Certification etc As in the principall letters or Lybell raised in the said matter and executiones therof at more length is Contained Which Lybell being upon the Seventh day of november instant Called in presence of the saids Lords of his majesties privy Councill And the said Lord Lessly and Patrick Bruce of Bumzion two of the pursuers Compeiring personally with Sir Patrick Home and Mr David Cuninghame ther advocats and the Lord privy Seall The Earle of Leven Lord Raith thesaurer depute being present at the Councill board did remove to the Foot of the Table and Mr James Melvill of Halhill and the rest of the wholl defenders at least the most part of them Compeiring personally with Mr Hew Dalrymple, Mr Rory Mckenzie and Mr George Alexander ther advocats The Lybell being read and both parties advocats fully heard The Earle of Leven gave in a decline against the Lord Yester, Lord Justice Clerk and Enstruther Mr Frances Montgomry and Sir Robert Sinclair of Stivensone Which being Considered be the Councill They Refused to Sustaine the same. In Respect It does not meet any of the4 Cases in the act of parliament anent Declynators And the saids Lords having Considered the said lybell They admitt the same to the pursuers probation And the wholl witnesses Cited and Called being present and having made faith the Councill Nominats and appoints the Earle of Forfar Lords Murray and Carmicheall and Sir Thomas Burnet of Leyes to be a Comittie for examineing of the saids witnesses to be proponed and Discussed before the Committie And appoints the Committie to meet the morow at ten in the forenoon And Declares any two of them to be a suficient quorum and in the mean time Recomends to them to Setle and agree the parties and incase of deficultie to report to the Councill, And the said Comittie having mett the pursuers adduced diverse and Sundrie famous witnesses for proveing the points of the said Lybell Who being all Solemnly Sworne and examined before the said Comittie Deponed and Declaired as their oathes and depositiones extant in process bears And The Saids Lords of his Majesties privy Councill Having this day advysed the probatione and Considered the depositiones of the witnesses adduced be the pursuers in this Cause They Fand the Lybell proven as to the interupting of the Shirreff Court of Fyfe after the Court was fenced And Therfore They heirby Decerne and Ordaine The Earle of Melvill Lord privy Seall The Earle of Leven and Lord Raith thesaurer Depute to goe to the Countess of Rothes pursuer betwixt and Tuesday nixt and in presence of the Lord Murray – and Sir Thomas Burnet of Leyes two of the Lords of his majesties privy Councill To Declair that they intended no injury nor offence to her Ladyship or her right or his Majesties jurisdictione by what hapned in the said Shireff Court upon the fiftein of october Last And Ordaines John Brock one of the defenders instantly to be Caried prisoner to the Tolbooth of Edinburgh To remaine dureing the Councills pleasure And Decernes and Ordaines Mr James Melvill of Halhill George Moncreif of Reddie John Hay younger of Naughtoune James Lundie of Auchtermerine and Sir James Mcgill of Rankeillor to make payment of the sum of Two hundred punds Scots money equally amongst them being Fourtie pund for each of them to the said Countess of Rothes pursuer for the expences Sustained by them in this process And ordaines letters of horning on fiftein dayes to be direct heiron against the saids five defenders Imediatly abovenamed for payment of the saids Two hundred punds as above Decerned for and others upon the premisses if need beis in forme as effeirs.

1. NRS, PC2/26, 21v.

2. Written over the word ‘their’.

3. Insertion.

4. An illegible word scored out here.

1. NRS, PC2/26, 21v.

2. Written over the word ‘their’.

3. Insertion.

4. An illegible word scored out here.

Procedure: judicial proceedings, 14 November 1695, Edinburgh

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Edinburgh Thursday 14th November 1695

D1695/11/81

Procedure: judicial proceedings

Sist upon bills of Suspensiones

The Councill Sists execution upon the bills of Suspension at the instance of the persones following Viz the toune of Newburgh against Lundy of Drums, The Countess of Callender against the Earle of Callander, Paterson and others against Mr Jack, The magistrats of Air against his majesties Solicitor and Even against Garden and others untill answers be given in to the saids bills and the answers which are given in or shall be given in therto be Advised and interloquitors pronunced therin.

Edinburgh Thursday 14th November 1695

D1695/11/81

Procedure: judicial proceedings

Sist upon bills of Suspensiones

The Councill Sists execution upon the bills of Suspension at the instance of the persones following Viz the toune of Newburgh against Lundy of Drums, The Countess of Callender against the Earle of Callander, Paterson and others against Mr Jack, The magistrats of Air against his majesties Solicitor and Even against Garden and others untill answers be given in to the saids bills and the answers which are given in or shall be given in therto be Advised and interloquitors pronunced therin.

1. NRS, PC2/26, 21v-24v.

1. NRS, PC2/26, 21v-24v.

Procedure: judicial proceedings, 14 November 1695, Edinburgh

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Edinburgh Thursday 14th November 1695

D1695/11/71

Procedure: judicial proceedings

Vote anent the process betwixt the Countess of Rothes And the Earl of Melvill and others

Lybell the Earle of Meville Lord privy Seall Earle of Leven Lord Raith Thesaurer depute and others Against the Countes of Rothes Lord Lessly and Patrick Bruce of Bunzeon Shireff depute of Fife Being Called And the said Earle of Melvill Lord privy seall The Earl of Leven and Lord Raith thesaurer depute having risen and removed to the foot of the Councill board and all or most of the saids persewers Compearing personally with Mr Hew Dalrymple Mr Rorie McKenzie and Mr George Alexander ther advocats as the saids Countes of Rothes one of the defenders being Called bot not Compeiring And the said Lord Lessly and Patrick Bruce the other tuo defenders Compeiring personally with Sir Patrick Home and Mr David Cuninghame their advocats The Lybell and answers therto for the defenders being read, and both parties Advocats being fully heard, And it was put to the Vote Whither admitt this Lybell of reconventione to probatione or advyse the probation allredy adduced in the principall Lybell at the Countes of Rothes her instance against thir pursuers And was Caried that the probation adduced upon the Countes of Rothes her Lybell Should be advysed.

Edinburgh Thursday 14th November 1695

D1695/11/71

Procedure: judicial proceedings

Vote anent the process betwixt the Countess of Rothes And the Earl of Melvill and others

Lybell the Earle of Meville Lord privy Seall Earle of Leven Lord Raith Thesaurer depute and others Against the Countes of Rothes Lord Lessly and Patrick Bruce of Bunzeon Shireff depute of Fife Being Called And the said Earle of Melvill Lord privy seall The Earl of Leven and Lord Raith thesaurer depute having risen and removed to the foot of the Councill board and all or most of the saids persewers Compearing personally with Mr Hew Dalrymple Mr Rorie McKenzie and Mr George Alexander ther advocats as the saids Countes of Rothes one of the defenders being Called bot not Compeiring And the said Lord Lessly and Patrick Bruce the other tuo defenders Compeiring personally with Sir Patrick Home and Mr David Cuninghame their advocats The Lybell and answers therto for the defenders being read, and both parties Advocats being fully heard, And it was put to the Vote Whither admitt this Lybell of reconventione to probatione or advyse the probation allredy adduced in the principall Lybell at the Countes of Rothes her instance against thir pursuers And was Caried that the probation adduced upon the Countes of Rothes her Lybell Should be advysed.

1. NRS, PC2/26, 21v.

1. NRS, PC2/26, 21v.

Sederunt, 14 November 1695, Edinburgh

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Edinburgh Thursday 14th November 16951

D1695/11/62

Sederunt

Lord Chancelor; Earl of Mellvill P.S:; Duke of Queensberry; Earl of Southerland; Earl of Leven; Earl of Forfar; Lord Murray; Lord Yester; Viscount Tarbat; Lord Raith T:D:; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Enstruther; Mr Fr: Montgomrie; Laird of Leyes; Laird of Pollock; Provest of Edinburgh

Edinburgh Thursday 14th November 16951

D1695/11/62

Sederunt

Lord Chancelor; Earl of Mellvill P.S:; Duke of Queensberry; Earl of Southerland; Earl of Leven; Earl of Forfar; Lord Murray; Lord Yester; Viscount Tarbat; Lord Raith T:D:; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Enstruther; Mr Fr: Montgomrie; Laird of Leyes; Laird of Pollock; Provest of Edinburgh

1. NRS, PC2/27, 21r.

2. NRS, PC2/26, 21r.

1. NRS, PC2/27, 21r.

2. NRS, PC2/26, 21r.

Act, 14 November 1695, Edinburgh

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At Edinburgh the fourteenth day of November Jaj vjc nynty and fyve years

A1695/11/171

Act

Act allowing the Comissioners of supply to Choise their Collectors of Supply to be Collectors of the polemoney etc

The Lords of his majesties2 privy Councill considering that by the act past in the Last Sessione of his majesties Currant parliament intituled, act for polemoney appoynting the Lists and rolls of poleable persons to be made and recorded in maner therein exprest It is also ordered That ane abstract thereof should be sent to the Lords of the thesaurie betwixt am first day of october Last bypast which day was by proclamatione of Councill on the third day of the said moneth of october Last prorogated to the first day of November instant Both which dayes being now bygone The said Lists and rolls are not yet come in as is above appoynted and the said Lords of privy Councill being informed that this delay may be occasioned through want of Collectors of the said pole money within the severall Paroches in each shyre or the negligence of such as have been designed Collectors or Clarks for each particular Paroch by the Commissioners of the severall Shyres Therfore and for the better expeeding the said Lists and rolls and uplifting and collecting the said pole money The said Lords doe Hereby allow authorize and appoynt the Commissioners of supply within the severall shyres to nominat their owne Collector of Supply in their shyre to be Collector of the pole money for the said shyre and every particular parish within the same and for makeing up exact Lists of the poleable persons therein conforme to and in maner specified in the said acts of parliament and proclamations of Councill for which the said Lords allow and appoynt to be retained by the said Collector fyve per Cent of the pole money of the said shyre Collected by Him in full satisfactione of his Collections and pains in makeing up lists and Collecting the pole money both for the Shyre and the particular Paroches thereof And requyres the said Commissioners to take sufficient Cautione of their said Collectors for their exact dilligence in and faithfull performance of the premisses And ordaines the said Collectors to give bond and find sufficient Cautione to the said Commissioners of supply for their faithfull discharge of their offices before their entrie upon the said Collections which the said Commissioners are Hereby requyred to transmitt to the Clarks of Thesaurie within the space of thretty dayes next after the same shall be received and when the Collectors of the pole money appoynted for the particular paroches have been at any paines in their said offices by makeing up Lists or collecting their pole money in the termes of the act of parliament and proclamations of Councill relative thereto The said Lords Hereby appoynt them to be satisfied for what paines they have been at accordinglie and that out of the three per Cent allowed to the said Paroch Collectors by the former acts and proclamations of Councill and that at the Sight and conforme to the modificatione of the said Commissioners of supply within the severall shyres where the said paroch Collectors have been designed and named and exercised their said offices or any part thereof

At Edinburgh the fourteenth day of November Jaj vjc nynty and fyve years

A1695/11/171

Act

Act allowing the Comissioners of supply to Choise their Collectors of Supply to be Collectors of the polemoney etc

The Lords of his majesties2 privy Councill considering that by the act past in the Last Sessione of his majesties Currant parliament intituled, act for polemoney appoynting the Lists and rolls of poleable persons to be made and recorded in maner therein exprest It is also ordered That ane abstract thereof should be sent to the Lords of the thesaurie betwixt am first day of october Last bypast which day was by proclamatione of Councill on the third day of the said moneth of october Last prorogated to the first day of November instant Both which dayes being now bygone The said Lists and rolls are not yet come in as is above appoynted and the said Lords of privy Councill being informed that this delay may be occasioned through want of Collectors of the said pole money within the severall Paroches in each shyre or the negligence of such as have been designed Collectors or Clarks for each particular Paroch by the Commissioners of the severall Shyres Therfore and for the better expeeding the said Lists and rolls and uplifting and collecting the said pole money The said Lords doe Hereby allow authorize and appoynt the Commissioners of supply within the severall shyres to nominat their owne Collector of Supply in their shyre to be Collector of the pole money for the said shyre and every particular parish within the same and for makeing up exact Lists of the poleable persons therein conforme to and in maner specified in the said acts of parliament and proclamations of Councill for which the said Lords allow and appoynt to be retained by the said Collector fyve per Cent of the pole money of the said shyre Collected by Him in full satisfactione of his Collections and pains in makeing up lists and Collecting the pole money both for the Shyre and the particular Paroches thereof And requyres the said Commissioners to take sufficient Cautione of their said Collectors for their exact dilligence in and faithfull performance of the premisses And ordaines the said Collectors to give bond and find sufficient Cautione to the said Commissioners of supply for their faithfull discharge of their offices before their entrie upon the said Collections which the said Commissioners are Hereby requyred to transmitt to the Clarks of Thesaurie within the space of thretty dayes next after the same shall be received and when the Collectors of the pole money appoynted for the particular paroches have been at any paines in their said offices by makeing up Lists or collecting their pole money in the termes of the act of parliament and proclamations of Councill relative thereto The said Lords Hereby appoynt them to be satisfied for what paines they have been at accordinglie and that out of the three per Cent allowed to the said Paroch Collectors by the former acts and proclamations of Councill and that at the Sight and conforme to the modificatione of the said Commissioners of supply within the severall shyres where the said paroch Collectors have been designed and named and exercised their said offices or any part thereof

1. NRS, PC1/50, 262-3.

2. The phrase ‘his majesties’ is an insertion.

1. NRS, PC1/50, 262-3.

2. The phrase ‘his majesties’ is an insertion.

Procedure, 14 November 1695, Edinburgh

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At Edinburgh the fourteenth day of November Jaj vjc nynty and fyve years

A1695/11/161

Procedure

Vote anent tryeing a persone for incest

The Lord Advocat haveing moved that a Commission might be granted for tryeing of […] Prisoner at Aberdeen alleadged guilty of incest and it Haveing gone to the vote whether such a Commissione should be granted or not, it was carried in the negative and left to the Lord Advocat to send to the said and cause bring her to Edinburgh

At Edinburgh the fourteenth day of November Jaj vjc nynty and fyve years

A1695/11/161

Procedure

Vote anent tryeing a persone for incest

The Lord Advocat haveing moved that a Commission might be granted for tryeing of […] Prisoner at Aberdeen alleadged guilty of incest and it Haveing gone to the vote whether such a Commissione should be granted or not, it was carried in the negative and left to the Lord Advocat to send to the said and cause bring her to Edinburgh

1. NRS, PC1/50, 262.

1. NRS, PC1/50, 262.

Procedure, 14 November 1695, Edinburgh

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At Edinburgh the fourteenth day of November Jaj vjc nynty and fyve years

A1695/11/151

Procedure

Lord Justice Clerk allowed to wryte to Sir Robert Sinclair anent the polleing of 2 Millers

The Lord Justice Clerk produced a letter from Sir Robert Sinclair to his Lordship Craveing that either He or the Lords of his majesties privy Councill would solve Him anent a doubt which hes occurred in the shyre of Haddingtoun viz two millers loadmen and Taskers are to be polled And the Councill allowed the Lord Justice Clerk to wryt to Sir Robert that these persones may be poled as Coaters with their trade

At Edinburgh the fourteenth day of November Jaj vjc nynty and fyve years

A1695/11/151

Procedure

Lord Justice Clerk allowed to wryte to Sir Robert Sinclair anent the polleing of 2 Millers

The Lord Justice Clerk produced a letter from Sir Robert Sinclair to his Lordship Craveing that either He or the Lords of his majesties privy Councill would solve Him anent a doubt which hes occurred in the shyre of Haddingtoun viz two millers loadmen and Taskers are to be polled And the Councill allowed the Lord Justice Clerk to wryt to Sir Robert that these persones may be poled as Coaters with their trade

1. NRS, PC1/50, 261.

1. NRS, PC1/50, 261.

Commission by the Council, 14 November 1695, Edinburgh

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At Edinburgh the fourteenth day of November Jaj vjc nynty and fyve years

A1695/11/141

Commission by the Council

Comisione for trying of John Craufurd

The Lords of his Majesties privy Councill being informed That John Craufurd is presently prisoner in the Tolbooth of Dunce in the Shyre of Berwick as alleadged guilty of Thift constantly practised by Him for these severall years bygone And considering That it will be a great daill of Charges and expences to bring the said John Craufurd to this place in ordor to a tryall before the Lords Commissioners of Justiciary Besyde the severall inconveniencies that may arryse by his transportatione And the said Lords lykewayes considering that this cryme cannot be judged and tryed by any persones in the Countrey without a warrand and Commissione from them for that effect And their Lordships being desyreous to have the said matter brought to a tryall That the persone guilty may receive condigne punishment and others may be deterred from committing such crymes in tyme comeing They doe hereby give full power warrand and Commissione To Partick Lord Polwarth Shirriff principall of the said shyre of Berwick and James Home Shirriff deput thereof Sir John Swinton of that ilk Sir John Home of Blackader and Sir Robert Stueart of Allanbank or any three of the foresaid persons whom the said Lords doe Hereby declaire to be a sufficient quorum to take tryall of and to judge and doe justice upon the said John Craufurd prisoner in the said Tolbooth for the said Cryme and ordor thereto to meet and conveen at Dunce the tuenty day of November instant and there to accept of this present commission and upon their acceptance to administrat the oath of fidelity to the persone whom the Lord Justice Clerk or James Montgomerie of Langshaw Clerk to the Justice Court shall deput and substitut to be Clerk in his present Commissione And if the said James Montgomerie shall neglect or delay to deput or substitut a Clerk as said is being requyred thereto With power to the said Commissioners or their said quorum to choise their owne Clerk for whom they shall be answerable with power Lykewayes to the persones Hereby Commissionate or their said quorum to create make and Constitut serjants Dempsters and other members of the said Court And to issue out and Cause raise precepts or lybells of indictment at the instance of the procurator Fiscall of the shirriff court of the said shyre procurator Fiscall for his majesties interest in the said matter against the said John Craufurd for ceitting him and the assyers and witneses in the ordinary manner and under the usuall pains and certificationes To compear before the said Commissioners hereby Commissionat or their said quorum at Dunce the […] day of […] with power also to them to amerciat and fyne the absent assysers and witneses and the amerciaments and fynes to uplift for their owne use and behoove and to adjourne themselves from tyme to tyme to the effect that the Pannall being fully heared The said commissioners or their said quorum may judge and determine the relevancy of the Lybell and to call ane inqueist of fourty fyve persons who are to be ceitted on the assyse of the said persone And out of that number to choise ane assyse of fyfteen and to administrat to them the ordinary oath in the usuall tearmes And with power also the said Commissioners or their said quorum To examine the witneses in presence of the said pannall and sworen inqueist upon the poynts that shall be admitted to probatione And therafter to remitt the said Lybell and interloquitor to be taken in maner foresaid to the knowledge of the said inquest and assyse whom they appoynt to elect a Chancellor or President with a Clark And after reading and peruseing of the said indictment interloquitor to be pronounced thereon and depositiones of the witneses to be taken in presence of the said Pannall and assyse and find the lybell proven against the said Pannall or to assoilzie him according to Law as the will be answerable to God and a good Conscience That they draw up their verdict accordingly and delyver the same sealled by the hand of their Chancellor or President to the said persons or their said quorum whom they hereby authorize and Commissionat to advyse the haill proces and verdict of the inqueist with the depositions of the witneses And to give and pronounce sentance condemnitor or absolvitor in the said matter according to justice And in case the said Judges shall find the said pannall guilty of the said Cryme laid to his charge with power to the said Commissioners or their said quorum to decerne and adjudge the said pannall to be Hanged or otherwayes execute within such space and after such manner as they shall think fitt and generally with power to the said Commissioners or their said quorum to act doe and performe all and sundrie things whatsomever competent and incumbent to be acted, done and performed by any Commissioners of Justiciary hitherto nominated and appoynted by the said Lords of privy Councill And they appoynt the said Commissioners or their said quorum within the space of ane moneth after pronounceing and executeing of their sentance in this matter To report to the Lords Comissioners of Justiciary or to the Clerk of the Criminall Court ane authentick coppie under their Hands of their said sentance and the maner of executing thereof to the effect the same may be recorded in the books of Justiciary which the Clark to the Criminall Court is hereby requyred to record therein as he will be answereable Given at Edinburgh the fourteenth day of November Jaj vjc nynty and fyve years sic subscribitur Tweeddale Cancell E Southerland Forfar Carmichaell James Stueart W Anstruther F Montgomerie T Burnet J Maxuell.

At Edinburgh the fourteenth day of November Jaj vjc nynty and fyve years

A1695/11/141

Commission by the Council

Comisione for trying of John Craufurd

The Lords of his Majesties privy Councill being informed That John Craufurd is presently prisoner in the Tolbooth of Dunce in the Shyre of Berwick as alleadged guilty of Thift constantly practised by Him for these severall years bygone And considering That it will be a great daill of Charges and expences to bring the said John Craufurd to this place in ordor to a tryall before the Lords Commissioners of Justiciary Besyde the severall inconveniencies that may arryse by his transportatione And the said Lords lykewayes considering that this cryme cannot be judged and tryed by any persones in the Countrey without a warrand and Commissione from them for that effect And their Lordships being desyreous to have the said matter brought to a tryall That the persone guilty may receive condigne punishment and others may be deterred from committing such crymes in tyme comeing They doe hereby give full power warrand and Commissione To Partick Lord Polwarth Shirriff principall of the said shyre of Berwick and James Home Shirriff deput thereof Sir John Swinton of that ilk Sir John Home of Blackader and Sir Robert Stueart of Allanbank or any three of the foresaid persons whom the said Lords doe Hereby declaire to be a sufficient quorum to take tryall of and to judge and doe justice upon the said John Craufurd prisoner in the said Tolbooth for the said Cryme and ordor thereto to meet and conveen at Dunce the tuenty day of November instant and there to accept of this present commission and upon their acceptance to administrat the oath of fidelity to the persone whom the Lord Justice Clerk or James Montgomerie of Langshaw Clerk to the Justice Court shall deput and substitut to be Clerk in his present Commissione And if the said James Montgomerie shall neglect or delay to deput or substitut a Clerk as said is being requyred thereto With power to the said Commissioners or their said quorum to choise their owne Clerk for whom they shall be answerable with power Lykewayes to the persones Hereby Commissionate or their said quorum to create make and Constitut serjants Dempsters and other members of the said Court And to issue out and Cause raise precepts or lybells of indictment at the instance of the procurator Fiscall of the shirriff court of the said shyre procurator Fiscall for his majesties interest in the said matter against the said John Craufurd for ceitting him and the assyers and witneses in the ordinary manner and under the usuall pains and certificationes To compear before the said Commissioners hereby Commissionat or their said quorum at Dunce the […] day of […] with power also to them to amerciat and fyne the absent assysers and witneses and the amerciaments and fynes to uplift for their owne use and behoove and to adjourne themselves from tyme to tyme to the effect that the Pannall being fully heared The said commissioners or their said quorum may judge and determine the relevancy of the Lybell and to call ane inqueist of fourty fyve persons who are to be ceitted on the assyse of the said persone And out of that number to choise ane assyse of fyfteen and to administrat to them the ordinary oath in the usuall tearmes And with power also the said Commissioners or their said quorum To examine the witneses in presence of the said pannall and sworen inqueist upon the poynts that shall be admitted to probatione And therafter to remitt the said Lybell and interloquitor to be taken in maner foresaid to the knowledge of the said inquest and assyse whom they appoynt to elect a Chancellor or President with a Clark And after reading and peruseing of the said indictment interloquitor to be pronounced thereon and depositiones of the witneses to be taken in presence of the said Pannall and assyse and find the lybell proven against the said Pannall or to assoilzie him according to Law as the will be answerable to God and a good Conscience That they draw up their verdict accordingly and delyver the same sealled by the hand of their Chancellor or President to the said persons or their said quorum whom they hereby authorize and Commissionat to advyse the haill proces and verdict of the inqueist with the depositions of the witneses And to give and pronounce sentance condemnitor or absolvitor in the said matter according to justice And in case the said Judges shall find the said pannall guilty of the said Cryme laid to his charge with power to the said Commissioners or their said quorum to decerne and adjudge the said pannall to be Hanged or otherwayes execute within such space and after such manner as they shall think fitt and generally with power to the said Commissioners or their said quorum to act doe and performe all and sundrie things whatsomever competent and incumbent to be acted, done and performed by any Commissioners of Justiciary hitherto nominated and appoynted by the said Lords of privy Councill And they appoynt the said Commissioners or their said quorum within the space of ane moneth after pronounceing and executeing of their sentance in this matter To report to the Lords Comissioners of Justiciary or to the Clerk of the Criminall Court ane authentick coppie under their Hands of their said sentance and the maner of executing thereof to the effect the same may be recorded in the books of Justiciary which the Clark to the Criminall Court is hereby requyred to record therein as he will be answereable Given at Edinburgh the fourteenth day of November Jaj vjc nynty and fyve years sic subscribitur Tweeddale Cancell E Southerland Forfar Carmichaell James Stueart W Anstruther F Montgomerie T Burnet J Maxuell.

1. NRS, PC1/50, 259-61.

1. NRS, PC1/50, 259-61.

Sederunt, 14 November 1695, Edinburgh

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At Edinburgh the fourteenth day of November Jaj vjc nynty and fyve years1

A1695/11/132

Sederunt

Lord Chancellor; Earl of Melvill LPS; Duke of Queensberrie; Earl of Southerland; Earl of Leven; Earl of Forfar; Lord Murray; Lord Yester; Viscount Tarbat; Lord Raith; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Enstruther; Mr Fr Montgomery; Laird of Leyes; Laird of Pollock; Provost of Edinburgh.

At Edinburgh the fourteenth day of November Jaj vjc nynty and fyve years1

A1695/11/132

Sederunt

Lord Chancellor; Earl of Melvill LPS; Duke of Queensberrie; Earl of Southerland; Earl of Leven; Earl of Forfar; Lord Murray; Lord Yester; Viscount Tarbat; Lord Raith; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Enstruther; Mr Fr Montgomery; Laird of Leyes; Laird of Pollock; Provost of Edinburgh.

1. NRS, PC1/50, 259.

2. NRS, PC1/50, 259.

1. NRS, PC1/50, 259.

2. NRS, PC1/50, 259.