Tag Archives: 15 March 1704

Order, 15 March 1704, Edinburgh

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Edinburgh The Fyfteen day of March Jaj vijc and Four years

A1704/3/161

Order

Order to the Clerks of Councill To prepair and bring into the Councill a Commission for trying and Judgeing Elspeth Archbald and Christian Main

Anent The petition given in and presented To The Lords of Her Majesties privy Councill By The Magistrats and Toun Councill of Aberdain Shewing That where there being two women presently lying in the prison of Aberdain for muthering of ther owen children The one Called Elspeth Archbald in the parochine of Banchry and the other Christian Main in the parochine of Aberdour The first wherof his been a considerable whyle in prison and boeth have made severall confessions of their horrid Crimes and being soe poor and indigent that trewly they are become a burden upon the Toun And seeing that these guilty of such crimes have not been in use to be tryed by the Judge ordinar upon the place without awarrand from their Lordships and that ther is a difficulty to obleidge Gentlemen in the Country when nominat upon such a Commission To accept and undertake the same And Therfore humbly creaving There Lordships To grant warrant and Commission To Andrew Frazer of Kinmundy and George Keith of Clackria sherriff Deputs of Aberdain and the Eldest Baillie of the said Burgh or any two of them To sit and Judge in the forsaid matter And to doe every thing requisit theranent As the said petition Bears. The Lords of Her Majesties privy Councill Haveing Considered the above petition Given into them By the Magistrats and Toun Councill of Aberdain And the samen Being read in there presence The saids Lords of Her Majesties privy Councill Doe heirby appoint the Clerks of Councill To prepair and bring in to the Councill nixt Councill day Ane Commission for Judgeing and trying of Elspeth Archbald in the paroch of Banchry and Christian Main in the paroch of Aberdour prisoners within the Tolbuith for murdering of their owen Children.

Edinburgh The Fyfteen day of March Jaj vijc and Four years

A1704/3/161

Order

Order to the Clerks of Councill To prepair and bring into the Councill a Commission for trying and Judgeing Elspeth Archbald and Christian Main

Anent The petition given in and presented To The Lords of Her Majesties privy Councill By The Magistrats and Toun Councill of Aberdain Shewing That where there being two women presently lying in the prison of Aberdain for muthering of ther owen children The one Called Elspeth Archbald in the parochine of Banchry and the other Christian Main in the parochine of Aberdour The first wherof his been a considerable whyle in prison and boeth have made severall confessions of their horrid Crimes and being soe poor and indigent that trewly they are become a burden upon the Toun And seeing that these guilty of such crimes have not been in use to be tryed by the Judge ordinar upon the place without awarrand from their Lordships and that ther is a difficulty to obleidge Gentlemen in the Country when nominat upon such a Commission To accept and undertake the same And Therfore humbly creaving There Lordships To grant warrant and Commission To Andrew Frazer of Kinmundy and George Keith of Clackria sherriff Deputs of Aberdain and the Eldest Baillie of the said Burgh or any two of them To sit and Judge in the forsaid matter And to doe every thing requisit theranent As the said petition Bears. The Lords of Her Majesties privy Councill Haveing Considered the above petition Given into them By the Magistrats and Toun Councill of Aberdain And the samen Being read in there presence The saids Lords of Her Majesties privy Councill Doe heirby appoint the Clerks of Councill To prepair and bring in to the Councill nixt Councill day Ane Commission for Judgeing and trying of Elspeth Archbald in the paroch of Banchry and Christian Main in the paroch of Aberdour prisoners within the Tolbuith for murdering of their owen Children.

1. NRS, PC1/53, 192.

1. NRS, PC1/53, 192.

Warrant, 15 March 1704, Edinburgh

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Edinburgh The Fyfteen day of March Jaj vijc and Four years

A1704/3/151

Warrant

Warrant for bringing into the Councill ane proclamatione anent papists

There being ane proclamation brought into the Councill By the Lord Advocat Anent preists and Trafecquing papists Read and ordained to be wrytten over in Mundo To be signed by the Councill nixt Councill day.

Edinburgh The Fyfteen day of March Jaj vijc and Four years

A1704/3/151

Warrant

Warrant for bringing into the Councill ane proclamatione anent papists

There being ane proclamation brought into the Councill By the Lord Advocat Anent preists and Trafecquing papists Read and ordained to be wrytten over in Mundo To be signed by the Councill nixt Councill day.

1. NRS, PC1/53, 191.

1. NRS, PC1/53, 191.

Decreet, 15 March 1704, Edinburgh

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Edinburgh The Fyfteen day of March Jaj vijc and Four years

A1704/3/141

Decreet

Decreit The Agent for the Kirk Against Mr Patrick Chalmers Intruder at Rayn

Anent The Lyble or Letters of Complaint Raised and persewed Befoir the Lords of Her Majesties privy Councill att the instance of John Blair agent for the Kirk With concurse of Sir James Steuart Her Majesties Advocat for her highness intrest In the matter underwrittin Mentioning That where By the sixth Act of the fourth Session of King William’s parliament Entituled Act for takeing the oath of alleadgence and assurance It is statute That all preachers and Ministers of the Gospell whatsomever Doe swear the oath of Alleadgence and that they subscryve the same with the assurance sett doun in the said Act Certefeing Ministers provyded to Kirks and not swearing as said is shall be deprived of their Benefices and stipends and the preachers not provyded to Kirks shall be punished By banishment or otherwayes As the Lords of Her Majesties privy Councill shall think fitt Lykeas By the Tuenty second act of the fyfth session of the same parliament It is statute That whoever thereafter should Intrude them selves into any Church or possess Manse and benefite or Exercise any pairt of the Ministeriall function within any paroch without ane orderly Call from the heretors and Eldershipe and legall admission of the presbitry of the bounds should be removed and Declaired Incapable of Injoying any Church steepend or Benefice for the space of seven years therafter And further It is Recommended to the Lords of Her Majesties privy Councill To remove all such who proceeding the said Act Did since the Establishment of the present Church Government Intrude in manner forsaid Yet Nevertheless It is of verity That Mr Patrick Chalmers late Minister at […] Intruder in the Kirk of Rain Conterar to the saids Acts of parliament Does presume and Continue To preach and Exerce the other pairts of the Ministeriall function without haveing qualefied himself To Her Majestie By swearing the oath of Alleadgence and subscryving the same with the assurance As also the said Master Patrick Chalmers hath intruded him self into the said Church of Rain without any orderly Call from the Heretors and Eldershipe and legall admission from the presbitry of the Bounds and as a further Evidence of his Disafection to the present setled Church Government The said Mr Patrick Chalmers Does not pray for Her Majestie Notwithstanding It be specially appointed By proclamation’s of Councill made theranent And refuses to read the publict proclamationes appointed by authority for keeping of solemn dayes of fasting By all which It is evident That the said Mr Patrick Chalmers is guilty of the penalties and Certefications Contained in the saids Acts and proclamationes conforme to his Condition and Character Which being proven He ought to be punished Conforme to the forsaids Acts and proclamationes and for hereafter restrained from Committing any such thing in tyme Comeing To the Example and terror of others To Committ the lyke in tyme Comeing And anent The Chairge given to the said Mr Patrick Chalmers defender To have Compeired personally befoir the Lords of Her Majesties privy Councill at ane Certaine day now by past To have answered to the forsaid Complaint And to have heard and seen such order and Course taken thereanent as appertains Under the pain of Rebellion and putting of him to the horne As in the Lyble or Letters of Complaint and Executiones therof at more length is Contained Which Lyble Being upon the day and date of thir presents Called in presence of the saids Lords And the said persewar Compearing personally at the Barr with Sir James Steuart Her Majesties Advocat, and Sir David Dalrymple Her Majesties solicitor And the said Mr Patrick Chalmer’s Defender Being oftymes Called and not Compearing tho Laufully citted And the Lyble being read in the saids Lords of privie Councill there presence and they haveing considered the same They granted certeficatione against the said Mr Patrick Chalmers Defender in respect of his absence and not Compearing as said is And ordaines Letters of Denunciatione To be Direct to Macers or Messengers at arm’s for Commanding them To pass to the mercat cross of […] and other places needfull And thereat In Her Majesties name and authority Duely Laufully and orderly Denounce the said Mr Patrick Chalmer’s Her Majestie’s Rebell and put him to Her highness horne And ordain all his moveable goods and gear To be Escheat and inbrought to Her Majesties use for his Contempt and Disobediance.

Edinburgh The Fyfteen day of March Jaj vijc and Four years

A1704/3/141

Decreet

Decreit The Agent for the Kirk Against Mr Patrick Chalmers Intruder at Rayn

Anent The Lyble or Letters of Complaint Raised and persewed Befoir the Lords of Her Majesties privy Councill att the instance of John Blair agent for the Kirk With concurse of Sir James Steuart Her Majesties Advocat for her highness intrest In the matter underwrittin Mentioning That where By the sixth Act of the fourth Session of King William’s parliament Entituled Act for takeing the oath of alleadgence and assurance It is statute That all preachers and Ministers of the Gospell whatsomever Doe swear the oath of Alleadgence and that they subscryve the same with the assurance sett doun in the said Act Certefeing Ministers provyded to Kirks and not swearing as said is shall be deprived of their Benefices and stipends and the preachers not provyded to Kirks shall be punished By banishment or otherwayes As the Lords of Her Majesties privy Councill shall think fitt Lykeas By the Tuenty second act of the fyfth session of the same parliament It is statute That whoever thereafter should Intrude them selves into any Church or possess Manse and benefite or Exercise any pairt of the Ministeriall function within any paroch without ane orderly Call from the heretors and Eldershipe and legall admission of the presbitry of the bounds should be removed and Declaired Incapable of Injoying any Church steepend or Benefice for the space of seven years therafter And further It is Recommended to the Lords of Her Majesties privy Councill To remove all such who proceeding the said Act Did since the Establishment of the present Church Government Intrude in manner forsaid Yet Nevertheless It is of verity That Mr Patrick Chalmers late Minister at […] Intruder in the Kirk of Rain Conterar to the saids Acts of parliament Does presume and Continue To preach and Exerce the other pairts of the Ministeriall function without haveing qualefied himself To Her Majestie By swearing the oath of Alleadgence and subscryving the same with the assurance As also the said Master Patrick Chalmers hath intruded him self into the said Church of Rain without any orderly Call from the Heretors and Eldershipe and legall admission from the presbitry of the Bounds and as a further Evidence of his Disafection to the present setled Church Government The said Mr Patrick Chalmers Does not pray for Her Majestie Notwithstanding It be specially appointed By proclamation’s of Councill made theranent And refuses to read the publict proclamationes appointed by authority for keeping of solemn dayes of fasting By all which It is evident That the said Mr Patrick Chalmers is guilty of the penalties and Certefications Contained in the saids Acts and proclamationes conforme to his Condition and Character Which being proven He ought to be punished Conforme to the forsaids Acts and proclamationes and for hereafter restrained from Committing any such thing in tyme Comeing To the Example and terror of others To Committ the lyke in tyme Comeing And anent The Chairge given to the said Mr Patrick Chalmers defender To have Compeired personally befoir the Lords of Her Majesties privy Councill at ane Certaine day now by past To have answered to the forsaid Complaint And to have heard and seen such order and Course taken thereanent as appertains Under the pain of Rebellion and putting of him to the horne As in the Lyble or Letters of Complaint and Executiones therof at more length is Contained Which Lyble Being upon the day and date of thir presents Called in presence of the saids Lords And the said persewar Compearing personally at the Barr with Sir James Steuart Her Majesties Advocat, and Sir David Dalrymple Her Majesties solicitor And the said Mr Patrick Chalmer’s Defender Being oftymes Called and not Compearing tho Laufully citted And the Lyble being read in the saids Lords of privie Councill there presence and they haveing considered the same They granted certeficatione against the said Mr Patrick Chalmers Defender in respect of his absence and not Compearing as said is And ordaines Letters of Denunciatione To be Direct to Macers or Messengers at arm’s for Commanding them To pass to the mercat cross of […] and other places needfull And thereat In Her Majesties name and authority Duely Laufully and orderly Denounce the said Mr Patrick Chalmer’s Her Majestie’s Rebell and put him to Her highness horne And ordain all his moveable goods and gear To be Escheat and inbrought to Her Majesties use for his Contempt and Disobediance.

1. NRS, PC1/53, 189-91.

1. NRS, PC1/53, 189-91.

Procedure, 15 March 1704, Edinburgh

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Edinburgh The Fyfteen day of March Jaj vijc and Four years

A1704/3/131

Procedure

Commissio Gulielmi Domini Ross pro Generali Ecclesiae Conventu tenendo

Commission In favours of William Lord Ross To be Commissioner to and Represent Her Majestie in the Insueing Generall Assemblie of the Church of Scotland Being presented By the Earle of Loudoun The samen was read and ordered to be Recorded And thereafter delyvered By the Earle of Buchan preces for the tyme to the said Earle of Loudoun In name and absence of the said Lord Ross Who receaved the same on his knee as use is Wherof the tennor followe’s
Anna Dei Gratia Magnae Britaniae Franciae et Hiberniae Regina Fideique defensor omnibus probis hominibus ad quos presentes Literae nostrae pervenerunt2 salutem quandoquidem Ex Decreto nostro Generalis Ecclesiae Conventibus Regnae3 nostrae4 Scotiae in Decimum sextum diem martii proximae sequenciae Convenire ordinatur Nosque autem abunde Cupide quin etiam necessarium Judicantes in Comodum dictae Ecclesiae ut idem Generali conventus die statuto debite observetur sed rebus Magni momenti nos alio vocantibus dicto Conventui interesse nequimus et nobis abunde satisfactum est De fidelitate et sufficientia fidelissimi et Dilectissimi nostri Conciliarii Gulielmi Domini Ross quod ad munera summi officii infraspecificati nite5 exercenda et obeunda usque quaque sit idoneus et Instructus Noveritis Igitur noss6 fecisse nominasse et Constituisse sicuti nos tenore presentium Facimus Nominamus et Constituimus Eundem Gulielmum Dominum Ross supremum nostrum Commissionarium quoad effectum infra Expressium7 Damus pariter et Concedimus illi plenissimam nostram potestatem Commissionem et varrantatum sacram nostram personam et authoritatem nostram regalem representandi presentiam nostram supplendi locumque nostrum In dicto subsequenti generali Conventu Tanquam Commissionario nostro In hunc effectum specialiter Constituto Tenendi omni[a]que alia ad imperium et munus Commissionarii Pro Generali Ecclesiae conventu peragendi Tam plene adeoque libere in quovis respectu quilibet alius ejusdem supremi muneris fecerit seu quovis tempore retro acto facere poterat atque sicuti nos ipsa personaliter presentes facere poterimus Quequidem omnia et singula a dicto Gulielmo Domino Ross In hac nostra Commissionae prosequenda legittimae facienda nos firmiter approbamus Rata habemus et habiturae sumus Omnibus et singulis Insuper antedicti conventus et Ecclesiae pastoribus et presbiteris Ceterisque quibuscunque hujus nostri Regni subditis quibuscunque qualitatis et conditionis ut dictum Gulielmum Dominum Ross Tanquam supremum nostrum Commissionarium quoad effectum et modum supra mentionatum agnoscant reverantur et dicto ipsius audientes se prebiant8 stricte mandamus et Imperamus ac denique hanc nostram Commissionem adie9 quo magnum hujus [regni] nostri sigillum presentibus est appensum et deinceps hac sessione sequenti generalis Conventus antedictae in vigore continuare Declaravimus et per presentes Declcaramus10 saltum usque dum a nobis Revocabitur et Exonerabitur In cujus rei Testimonium presentibus magnum Sigillum nostrum appendi precepimus Apud aulam nostram de St James’s vigesimo nono die mensis Februarii anno Domini Milesimo Septingentesimo quarto et anno Regni nostri secundo per signaturam manu S: D: N: Reginae supra scriptam Wrytten to the great seall and Registrat the Fyfteen day of March 1704, Sic Subscribitur Charles Kerr Sealled at Edinburgh the fyfteen day of March 1704 years By speciall order till the seall be Renewed In absence of Sir Alexander Ogilvie of Forglen Sic Subscribitur John Stewart Dept.

Edinburgh The Fyfteen day of March Jaj vijc and Four years

A1704/3/131

Procedure

Commissio Gulielmi Domini Ross pro Generali Ecclesiae Conventu tenendo

Commission In favours of William Lord Ross To be Commissioner to and Represent Her Majestie in the Insueing Generall Assemblie of the Church of Scotland Being presented By the Earle of Loudoun The samen was read and ordered to be Recorded And thereafter delyvered By the Earle of Buchan preces for the tyme to the said Earle of Loudoun In name and absence of the said Lord Ross Who receaved the same on his knee as use is Wherof the tennor followe’s
Anna Dei Gratia Magnae Britaniae Franciae et Hiberniae Regina Fideique defensor omnibus probis hominibus ad quos presentes Literae nostrae pervenerunt2 salutem quandoquidem Ex Decreto nostro Generalis Ecclesiae Conventibus Regnae3 nostrae4 Scotiae in Decimum sextum diem martii proximae sequenciae Convenire ordinatur Nosque autem abunde Cupide quin etiam necessarium Judicantes in Comodum dictae Ecclesiae ut idem Generali conventus die statuto debite observetur sed rebus Magni momenti nos alio vocantibus dicto Conventui interesse nequimus et nobis abunde satisfactum est De fidelitate et sufficientia fidelissimi et Dilectissimi nostri Conciliarii Gulielmi Domini Ross quod ad munera summi officii infraspecificati nite5 exercenda et obeunda usque quaque sit idoneus et Instructus Noveritis Igitur noss6 fecisse nominasse et Constituisse sicuti nos tenore presentium Facimus Nominamus et Constituimus Eundem Gulielmum Dominum Ross supremum nostrum Commissionarium quoad effectum infra Expressium7 Damus pariter et Concedimus illi plenissimam nostram potestatem Commissionem et varrantatum sacram nostram personam et authoritatem nostram regalem representandi presentiam nostram supplendi locumque nostrum In dicto subsequenti generali Conventu Tanquam Commissionario nostro In hunc effectum specialiter Constituto Tenendi omni[a]que alia ad imperium et munus Commissionarii Pro Generali Ecclesiae conventu peragendi Tam plene adeoque libere in quovis respectu quilibet alius ejusdem supremi muneris fecerit seu quovis tempore retro acto facere poterat atque sicuti nos ipsa personaliter presentes facere poterimus Quequidem omnia et singula a dicto Gulielmo Domino Ross In hac nostra Commissionae prosequenda legittimae facienda nos firmiter approbamus Rata habemus et habiturae sumus Omnibus et singulis Insuper antedicti conventus et Ecclesiae pastoribus et presbiteris Ceterisque quibuscunque hujus nostri Regni subditis quibuscunque qualitatis et conditionis ut dictum Gulielmum Dominum Ross Tanquam supremum nostrum Commissionarium quoad effectum et modum supra mentionatum agnoscant reverantur et dicto ipsius audientes se prebiant8 stricte mandamus et Imperamus ac denique hanc nostram Commissionem adie9 quo magnum hujus [regni] nostri sigillum presentibus est appensum et deinceps hac sessione sequenti generalis Conventus antedictae in vigore continuare Declaravimus et per presentes Declcaramus10 saltum usque dum a nobis Revocabitur et Exonerabitur In cujus rei Testimonium presentibus magnum Sigillum nostrum appendi precepimus Apud aulam nostram de St James’s vigesimo nono die mensis Februarii anno Domini Milesimo Septingentesimo quarto et anno Regni nostri secundo per signaturam manu S: D: N: Reginae supra scriptam Wrytten to the great seall and Registrat the Fyfteen day of March 1704, Sic Subscribitur Charles Kerr Sealled at Edinburgh the fyfteen day of March 1704 years By speciall order till the seall be Renewed In absence of Sir Alexander Ogilvie of Forglen Sic Subscribitur John Stewart Dept.

1. NRS, PC1/53, 188-9.

2. Sic.

3. Sic.

4. Sic.

5. Sic. Recte ‘rite’.

6. Sic.

7. Sic.

8. Sic. Recte ‘praebeant’.

9. Sic. Recte ‘a die’.

10. Sic.

1. NRS, PC1/53, 188-9.

2. Sic.

3. Sic.

4. Sic.

5. Sic. Recte ‘rite’.

6. Sic.

7. Sic.

8. Sic. Recte ‘praebeant’.

9. Sic. Recte ‘a die’.

10. Sic.

Procedure, 15 March 1704, Edinburgh

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Edinburgh The Fyfteen day of March Jaj vijc and Four years

A1704/3/121

Procedure

[Buchan elected Preses]

In absence of the Lord High Chancellor And Lord president of privy Councill The Earle of Buchan Elected preces.

Edinburgh The Fyfteen day of March Jaj vijc and Four years

A1704/3/121

Procedure

[Buchan elected Preses]

In absence of the Lord High Chancellor And Lord president of privy Councill The Earle of Buchan Elected preces.

1. NRS, PC1/53, 188.

1. NRS, PC1/53, 188.

Sederunt, 15 March 1704, Edinburgh

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Edinburgh The Fyfteen day of March Jaj vijc and Four years1

A1704/3/112

Sederunt

Earl of Buchan; Earl of Loudoun; Earl of Glasgow; Viscount Garnock; Viscount Primrose; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Tillicultrie; Mr Fra: Montgomery; Prestongrange; Lord Provost of Edinburgh

Edinburgh The Fyfteen day of March Jaj vijc and Four years1

A1704/3/112

Sederunt

Earl of Buchan; Earl of Loudoun; Earl of Glasgow; Viscount Garnock; Viscount Primrose; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Tillicultrie; Mr Fra: Montgomery; Prestongrange; Lord Provost of Edinburgh

1. NRS, PC1/53, 188

2. NRS, PC1/53, 188.

1. NRS, PC1/53, 188

2. NRS, PC1/53, 188.