Tag Archives: 16 July 1696

Act, 16 July 1696, Edinburgh

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Att Edinburgh the Sixtein day of Jwlly Jaj vic nyntie Six yeirs

D1696/7/211

Act

Act Forbes of Brux anent murderers

The Lords of his majesties privie Counsell considering that Lawchlan Ronaldoch Donald Ronaldoch sone to Lawchlane Ronaldoch in Crathaven Robert and Aister Mcinbergs in Innercald sones to Alister Mcinberg ther John Ronaldoch brother to Lawchlane Ronaldoch in Carrymylne Lawchlan Ronaldoch sone to Robert Ronaldoch in Inverhandeth John Mcgregor sone to Gregor Mcgregor in Innvercald James Ewan (alias) Mcgilvie in Manaqweich, being processt befor the baillie of the regalitie of Killdrummie for murdering of Robert Forbes eldest Laufull Sone to Arthur Forbes of Brwx And upon ther not compeirance that they were declared fugitives And that the saids Lords of Counsell by ther act of the Date the twentie right day of December Jaj vic nyntie thrie yeirs Have given order and warrand to ther clerks to give and Letters of Intercomowneing against the haill forsaids persones fwgitives Which Letters being taken owt and execute The said Arthur Forbes hes Since executeing therof being at great charges and expensses in prosecuteing of these persones But all his endeavoures have proven ineffectwall Therfor the saids Lords of his majesties privie Counsell Doe heirby give order and warrand to Andrew Frazer of Killmundie Shirreff deput of Aberdeen and to the baillie Deputs of the regalitie of Killderumie And to all other Judges and magistrats whatsomever within this kingdome to whom the said Arthur Forbes of Brux Shall apply To give all assistance and concurrance to the said Arthur Forbes of Brux and in his name and at his instance to Doe ther wtmost endeavours and Dilligence in Searcheing for and apprehending of the foirnamed persones declaired fwgitives and intercommwned as said is that they may be brought to Jwstice And to conveen the Countrie and raise the fencible men in armes within ther respective Jurisdictiones for that effect not exceeding the number of Threttie men to be assembled in armes at one tyme And Recomends to Sir Thomas Livingstowne Comander in cheiff of his Majesties forces within this kingdome to give orders to his Majesties forces within this kingdome to be concurring and assisting to the said Arthur Forbes and the Judges and magistrats in searching for in apprehending of the saids persones declaired fwgitives and intercommwned as Said is And in caise upon the violent resistance of the Saids persones or ther accomplices ther Shall happen to follow mwtilatione Slawghter or other injurie The Saids Lords Doe heirby Declaire Decerne and ordaine that the Same Shall not be imputed as a cryme to the said Arthur Forbes or the said Shirreff Depute and baillies deputes nor to the saids other Judges or magistrats souldiers nor persones assisting them whom the saids Lords Doe heirby take under ther Speciall protectione and Safegwaird and fully and freely indemnifie and remitt the Same And Declaire thir presents Shall be a Sufficient Securitie and indemnitie to them and each of them for the Same And Discharges all the Judges and other ministers of the Law to trouble or molest them upon that accompt Sic Subscribitur Polwarth Cancellar IPD Queensberrie Awgyll Mowton James Ogilvie James Steuart James Murray John Campbell J Hope

Att Edinburgh the Sixtein day of Jwlly Jaj vic nyntie Six yeirs

D1696/7/211

Act

Act Forbes of Brux anent murderers

The Lords of his majesties privie Counsell considering that Lawchlan Ronaldoch Donald Ronaldoch sone to Lawchlane Ronaldoch in Crathaven Robert and Aister Mcinbergs in Innercald sones to Alister Mcinberg ther John Ronaldoch brother to Lawchlane Ronaldoch in Carrymylne Lawchlan Ronaldoch sone to Robert Ronaldoch in Inverhandeth John Mcgregor sone to Gregor Mcgregor in Innvercald James Ewan (alias) Mcgilvie in Manaqweich, being processt befor the baillie of the regalitie of Killdrummie for murdering of Robert Forbes eldest Laufull Sone to Arthur Forbes of Brwx And upon ther not compeirance that they were declared fugitives And that the saids Lords of Counsell by ther act of the Date the twentie right day of December Jaj vic nyntie thrie yeirs Have given order and warrand to ther clerks to give and Letters of Intercomowneing against the haill forsaids persones fwgitives Which Letters being taken owt and execute The said Arthur Forbes hes Since executeing therof being at great charges and expensses in prosecuteing of these persones But all his endeavoures have proven ineffectwall Therfor the saids Lords of his majesties privie Counsell Doe heirby give order and warrand to Andrew Frazer of Killmundie Shirreff deput of Aberdeen and to the baillie Deputs of the regalitie of Killderumie And to all other Judges and magistrats whatsomever within this kingdome to whom the said Arthur Forbes of Brux Shall apply To give all assistance and concurrance to the said Arthur Forbes of Brux and in his name and at his instance to Doe ther wtmost endeavours and Dilligence in Searcheing for and apprehending of the foirnamed persones declaired fwgitives and intercommwned as said is that they may be brought to Jwstice And to conveen the Countrie and raise the fencible men in armes within ther respective Jurisdictiones for that effect not exceeding the number of Threttie men to be assembled in armes at one tyme And Recomends to Sir Thomas Livingstowne Comander in cheiff of his Majesties forces within this kingdome to give orders to his Majesties forces within this kingdome to be concurring and assisting to the said Arthur Forbes and the Judges and magistrats in searching for in apprehending of the saids persones declaired fwgitives and intercommwned as Said is And in caise upon the violent resistance of the Saids persones or ther accomplices ther Shall happen to follow mwtilatione Slawghter or other injurie The Saids Lords Doe heirby Declaire Decerne and ordaine that the Same Shall not be imputed as a cryme to the said Arthur Forbes or the said Shirreff Depute and baillies deputes nor to the saids other Judges or magistrats souldiers nor persones assisting them whom the saids Lords Doe heirby take under ther Speciall protectione and Safegwaird and fully and freely indemnifie and remitt the Same And Declaire thir presents Shall be a Sufficient Securitie and indemnitie to them and each of them for the Same And Discharges all the Judges and other ministers of the Law to trouble or molest them upon that accompt Sic Subscribitur Polwarth Cancellar IPD Queensberrie Awgyll Mowton James Ogilvie James Steuart James Murray John Campbell J Hope

1. NRS, PC2/26, 232v-233v.

1. NRS, PC2/26, 232v-233v.

Act, 16 July 1696, Edinburgh

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Att Edinburgh the Sixtein day of Jwlly Jaj vic nyntie Six yeirs

D1696/7/201

Act

Act James Hamiltowne

Anent the petitione given in to the Lords of his majesties privie Counsell By James Hamiltowne keeper of the Cannongate tollbwith Shewing That wher the petitioner and his predicessors in office haveing bein allwayes in wse to gett from the Flanders officers for house Dwes of each man of ther recrwits only two Shilling Scots and a penny to the Servants per night ther Lordships upon consideratione of the petitioner and his Servants ther great pains and trouble in keeping Swch wnrwleie prisoners in order and under Safe cwstodie (the petitioner being lyable to the payment of Ten dollars for each man that Shall make his escape) did by ther act awthorize the petitioner to take Subscribed Securitie As to ther payment of the recrwits house Dwes And which allwayes continwed Duely performed Conforme to the said act till the Last recrwits were a takeing owt at which tyme the petitioner and his servants were Discharged from exacting any thing from any of the Saids officers altho they had ther money in readines to pay the petitioner as formerly As to which ther Lordships will be pleased to consider that the Takeing owt of recwrites without paying ther house Dues was never practised befor Save once by Major generall Mckay when (upon applicatione to the saids Lords and ther recomendatione to the Thesaurer) The petitioner was payed everie farthing by ther Lordships for these recrwites so taken out as will appear by The Thesaurie books in the yeir Jaj vic and nyntie And The Dwes of the recrwites is the petitioners only benefite and his place is bwrdened with a monethly aliment to the poor And the petitioner (to mentaine the tollbwith and fwrnish provisiones to the vast numbers of recrwits and other publict prisoners these yeirs bypast) Hes not only Long Since Laid out his whole Stock But hes Likewayes rwn himself considerablie in Debt So that he is in continwall hazard of Captiones for the mentainance of the saids prisoners And now wnles ther Lordships will be pleased will be pleased2 to cause Speedie payment be made the petitioner of the above recrwites house Dwes as were the dues of the former recrwites taken out by Generall Mckay And also of the house dwes of the former recrwites taken out by Generall Mckay And also of the house dwes and aliments of the coyners and clippers It will be wtterly impossible for the petitioner to Subsist And therfore humbly craveing ther Lordships in consideratione of the premisses And that it is now more then Seventyn weeks Since the petitioner had any precepts That therfore they will be graceowsly pleased to Commiserat his sad circumstances so as to recommend him to the Lords of the Thesaurie for Speedie payment of the above recruits Dues and of the clippers and coynes Dwes and aliments As the said petitione Bears The saids Lords of his majesties privie Counsell haveing Considered the above petitione They heirby recommend to The Lords Commissioners of his majesties Thesaurie to cause make payment to the said petitioner of the above recrwites Clippers and Coyners ther Dwes and aliments resting to him

Att Edinburgh the Sixtein day of Jwlly Jaj vic nyntie Six yeirs

D1696/7/201

Act

Act James Hamiltowne

Anent the petitione given in to the Lords of his majesties privie Counsell By James Hamiltowne keeper of the Cannongate tollbwith Shewing That wher the petitioner and his predicessors in office haveing bein allwayes in wse to gett from the Flanders officers for house Dwes of each man of ther recrwits only two Shilling Scots and a penny to the Servants per night ther Lordships upon consideratione of the petitioner and his Servants ther great pains and trouble in keeping Swch wnrwleie prisoners in order and under Safe cwstodie (the petitioner being lyable to the payment of Ten dollars for each man that Shall make his escape) did by ther act awthorize the petitioner to take Subscribed Securitie As to ther payment of the recrwits house Dwes And which allwayes continwed Duely performed Conforme to the said act till the Last recrwits were a takeing owt at which tyme the petitioner and his servants were Discharged from exacting any thing from any of the Saids officers altho they had ther money in readines to pay the petitioner as formerly As to which ther Lordships will be pleased to consider that the Takeing owt of recwrites without paying ther house Dues was never practised befor Save once by Major generall Mckay when (upon applicatione to the saids Lords and ther recomendatione to the Thesaurer) The petitioner was payed everie farthing by ther Lordships for these recrwites so taken out as will appear by The Thesaurie books in the yeir Jaj vic and nyntie And The Dwes of the recrwites is the petitioners only benefite and his place is bwrdened with a monethly aliment to the poor And the petitioner (to mentaine the tollbwith and fwrnish provisiones to the vast numbers of recrwits and other publict prisoners these yeirs bypast) Hes not only Long Since Laid out his whole Stock But hes Likewayes rwn himself considerablie in Debt So that he is in continwall hazard of Captiones for the mentainance of the saids prisoners And now wnles ther Lordships will be pleased will be pleased2 to cause Speedie payment be made the petitioner of the above recrwites house Dwes as were the dues of the former recrwites taken out by Generall Mckay And also of the house dwes of the former recrwites taken out by Generall Mckay And also of the house dwes and aliments of the coyners and clippers It will be wtterly impossible for the petitioner to Subsist And therfore humbly craveing ther Lordships in consideratione of the premisses And that it is now more then Seventyn weeks Since the petitioner had any precepts That therfore they will be graceowsly pleased to Commiserat his sad circumstances so as to recommend him to the Lords of the Thesaurie for Speedie payment of the above recruits Dues and of the clippers and coynes Dwes and aliments As the said petitione Bears The saids Lords of his majesties privie Counsell haveing Considered the above petitione They heirby recommend to The Lords Commissioners of his majesties Thesaurie to cause make payment to the said petitioner of the above recrwites Clippers and Coyners ther Dwes and aliments resting to him

1. NRS, PC2/26, 231v-232v.

2. Sic.

1. NRS, PC2/26, 231v-232v.

2. Sic.

Act, 16 July 1696, Edinburgh

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Att Edinburgh the Sixtein day of Jwlly Jaj vic nyntie Six yeirs

D1696/7/191

Act

Act Hamiltowne of Maner Eleistowne

Anent the petitione given in to the Lords of his Majesties privie Counsell Be William Hamiltowne eldest Laufull Sone and appeirand are to the deceast Sir James Hamiltowne of Maner Eleistowne Shewing That wher Mr John Eleis being the petitioners fathers trwstie he had the keeping of his fathers charter chist and haill wrytes and upon applicatione made severall yeirs ago be the petitioners deceast father The Samen were seqwestrat in the clerk of the Cownsell his hands And the petitioners father being now Dead he cannot Deliberat whither he will enter air to him or not till first he have inspectione of his said wmqwhile fathers evidents lying in his charter chist now lying in the clerk of the Counsells hands And therfore humbly craveing ther Lordships to allow the petitioner to have inspectione of the saids wrytes and evidents in the clerk of the Counsells hands And for that effect to grant warrand for opening of the saids trwnks and chists As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell with the ansuers made therto for Mr John Eleis They heirby allow Maner Eleistowne to have inspectione of the papers parchments and wrytes lyeing in the hands of the clerks of privie Counsell in the chists which were exhibited by Mr John Eleis in presence of the Lords Hallcraig and any persone to be appointed by Lord John Hamiltowne And by Mr John Eleis from tyme to tyme and allowes the writes to be inventared and coppies of the inventar to be given to aither pairtie upon ther reasoneable expensses

Att Edinburgh the Sixtein day of Jwlly Jaj vic nyntie Six yeirs

D1696/7/191

Act

Act Hamiltowne of Maner Eleistowne

Anent the petitione given in to the Lords of his Majesties privie Counsell Be William Hamiltowne eldest Laufull Sone and appeirand are to the deceast Sir James Hamiltowne of Maner Eleistowne Shewing That wher Mr John Eleis being the petitioners fathers trwstie he had the keeping of his fathers charter chist and haill wrytes and upon applicatione made severall yeirs ago be the petitioners deceast father The Samen were seqwestrat in the clerk of the Cownsell his hands And the petitioners father being now Dead he cannot Deliberat whither he will enter air to him or not till first he have inspectione of his said wmqwhile fathers evidents lying in his charter chist now lying in the clerk of the Counsells hands And therfore humbly craveing ther Lordships to allow the petitioner to have inspectione of the saids wrytes and evidents in the clerk of the Counsells hands And for that effect to grant warrand for opening of the saids trwnks and chists As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell with the ansuers made therto for Mr John Eleis They heirby allow Maner Eleistowne to have inspectione of the papers parchments and wrytes lyeing in the hands of the clerks of privie Counsell in the chists which were exhibited by Mr John Eleis in presence of the Lords Hallcraig and any persone to be appointed by Lord John Hamiltowne And by Mr John Eleis from tyme to tyme and allowes the writes to be inventared and coppies of the inventar to be given to aither pairtie upon ther reasoneable expensses

1. NRS, PC2/26, 231r-231v.

1. NRS, PC2/26, 231r-231v.

Sederunt, 16 July 1696, Edinburgh

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Att Edinburgh the Sixtein day of Jwlly Jaj vic nyntie Six yeirs1

D1696/7/182

Sederunt

Lord Chancellour; Duke of Qweensberry; Earl of Argwyle; Earl of Mortowne; Earl of Strathmore; Earl of Lothian; Earl of Leven; Earl of Annandale; Lord John Hamilton; Lord Montgomerie; Lord Belhaven; Sir James Ogilvie; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Mr Francis Montgomery; Laird of Grant; Laird of Bowssie

Att Edinburgh the Sixtein day of Jwlly Jaj vic nyntie Six yeirs1

D1696/7/182

Sederunt

Lord Chancellour; Duke of Qweensberry; Earl of Argwyle; Earl of Mortowne; Earl of Strathmore; Earl of Lothian; Earl of Leven; Earl of Annandale; Lord John Hamilton; Lord Montgomerie; Lord Belhaven; Sir James Ogilvie; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Mr Francis Montgomery; Laird of Grant; Laird of Bowssie

1. NRS, PC2/26, 230v.

2. NRS, PC2/26, 231r.

1. NRS, PC2/26, 230v.

2. NRS, PC2/26, 231r.

Procedure, 16 July 1696, Edinburgh

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Att Edinburgh the sixteenth day of Jullie Jaj vjc nyntye six years

A1696/7/301

Procedure

Association by The garrison of Blacknes

Association subscribed by the Governour officers and garrisone of the Castle of Blacknes, wherin ther is one named scored out Being presented to the Councill board was appointed to be Laid up among the other associations

Att Edinburgh the sixteenth day of Jullie Jaj vjc nyntye six years

A1696/7/301

Procedure

Association by The garrison of Blacknes

Association subscribed by the Governour officers and garrisone of the Castle of Blacknes, wherin ther is one named scored out Being presented to the Councill board was appointed to be Laid up among the other associations

1. NRS, PC1/50, 600.

1. NRS, PC1/50, 600.

Act, 16 July 1696, Edinburgh

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Att Edinburgh the sixteenth day of Jullie Jaj vjc nyntye six years

A1696/7/291

Act

Act Lord Drummond

Anent the petition given in to the Lords of his Majesties privie Councill by James Lord Drummond Sheuing That the petitioner being ordered by their Lordships to Compear Did Come accordingly and render himselfe prisoner And uas Imprisoned in the Castle of Edinburgh wher he hes now been thir severall weeks bygone which Confynment hes Greatly prejudged his health as by ane testificat subscrived by Doctor Burnet phisician in ordinary to his Majestie and Doctor Trotter produced uith the said petition And therfore Humblie Craving to the effect underwryten as the said petition Bears The saids Lords of his Majesties privie Counsell Having Considered this petitione given In to them by the above Lord Drummond with the testificat mentioned therin and produced theruith They heirby Recommend to the Earle of Leven Constable and Governour of the Castle of Edinburgh And in his absence Gives order and warrand to the next Commanding officer ther, to sett the petitioner furth of the said Castle And Have Confyned and heirby Confynes the said Lord Drummond to the toune of Edinburgh and three miles about the same In respect the said Lord Drummond hath Given Bond and Found sufficient Cautione acted in the Books of his Majesties privie Counsell That He shall remaine Confyned uithin the said toune of Edinburgh and three miles about the same and shall not Goe uithout the bounds of his said Confynment And that he shall reenter his persone prisoner uithin the said Castle betuixt or upon the sixth day of Agust next to Come or sooner in case he shall be Called or required therto And in the mean tyme that he shall Live peacably under and uith all submission to the present government of his Majestie King William And that he shall not Act Consult nor Contrive any thing in prejudice therof nor shall not Converss or Correspond uith any rebells under the penaltie of one Thousand pounds sterline In caise he shall transgress in any pairt of the premisses And ordains the said Lord Drumonds former bond to be Given up

Att Edinburgh the sixteenth day of Jullie Jaj vjc nyntye six years

A1696/7/291

Act

Act Lord Drummond

Anent the petition given in to the Lords of his Majesties privie Councill by James Lord Drummond Sheuing That the petitioner being ordered by their Lordships to Compear Did Come accordingly and render himselfe prisoner And uas Imprisoned in the Castle of Edinburgh wher he hes now been thir severall weeks bygone which Confynment hes Greatly prejudged his health as by ane testificat subscrived by Doctor Burnet phisician in ordinary to his Majestie and Doctor Trotter produced uith the said petition And therfore Humblie Craving to the effect underwryten as the said petition Bears The saids Lords of his Majesties privie Counsell Having Considered this petitione given In to them by the above Lord Drummond with the testificat mentioned therin and produced theruith They heirby Recommend to the Earle of Leven Constable and Governour of the Castle of Edinburgh And in his absence Gives order and warrand to the next Commanding officer ther, to sett the petitioner furth of the said Castle And Have Confyned and heirby Confynes the said Lord Drummond to the toune of Edinburgh and three miles about the same In respect the said Lord Drummond hath Given Bond and Found sufficient Cautione acted in the Books of his Majesties privie Counsell That He shall remaine Confyned uithin the said toune of Edinburgh and three miles about the same and shall not Goe uithout the bounds of his said Confynment And that he shall reenter his persone prisoner uithin the said Castle betuixt or upon the sixth day of Agust next to Come or sooner in case he shall be Called or required therto And in the mean tyme that he shall Live peacably under and uith all submission to the present government of his Majestie King William And that he shall not Act Consult nor Contrive any thing in prejudice therof nor shall not Converss or Correspond uith any rebells under the penaltie of one Thousand pounds sterline In caise he shall transgress in any pairt of the premisses And ordains the said Lord Drumonds former bond to be Given up

1. NRS, PC1/50, 599-600.

1. NRS, PC1/50, 599-600.

Act, 16 July 1696, Edinburgh

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Att Edinburgh the sixteenth day of Jullie Jaj vjc nyntye six years

A1696/7/281

Act

Act John Simmison

Anent the petitione given in to the Lords of his Majesties privie Councill by John Simmison in Law in the shire of Dumbartoune Sheuing That wher the petitioners son William Simmison Having fallen in furnication with one Mary Mcalaster Ther uas a Child procreat betuixt them And the said Marie therafter Keeped the said child for the space of halfe a year But then pretending to be in want Came with the child to the petitioners house and uould needs Lay doun the Child at his door and Leave it upon him which the petitioner refuised as he had reasone And the woman being obstinat and clamarous and persisting under the Cloud of night (it being about the end of November Last) to Leave the Child at the petitioners door He uith his son James and some servants were necessitat to Lift up the woman by the armes and to Cause take up her Child and Carry them both about a quarter of a mile to the toune of Lawmuir wher Having Led her all the way They left her And she having about tuo days thereafter been Carried as the petitioner is Informed, upon a slyde to a place called Bajaphray a Long mile distant she ther within tuo or three days therafter dyed wherupon McCaulay of Ardincaple Baillie of the Regality of Lennox being Informed by malice and Calumny against the petitioner Did Cause apprehend and Imprison him in the Tolbooth of Dumbartoune wher he receaved ane Indictment as if he had murdered the said Mary And upon this Indictment The petitioner being brought to a tryall before ane assize and uitnesses suorne against him was found guiltie and is sentenced to be execute and hanged to death upon the seventh of Agust next As to which sentence The petitioner Doeth most Humbly represent to their Lordships That Even the Baillie himself and all that ever heard of this matter are of the opinion That the petitioner gott hard measure from the Assizers nor were the assize themselves unanimous in their verdict But it only past by the plurality But secundo The petitioner Lays before their Lordships the extract of the whole process with the depositions and verdict To the effect they may be revieued And thereby it will plainly appear That ther uas noe sufficient Evidence against the petitioner Ther being not so much as one witnes that proves That the petitioner did at all beat her in any sort aither with hand fist or other weapon But in effect all proven against the petitioner is That he helped her away from his oune house to be quite of her trowble and clamour For as to what is witnessed of her saying That the petitioner was the cause of her death or that the witnesses heard others say That the petitioner or others in his Company had beaten her It is only false hearsay and makes nothing for the verity and sufficiency of the evidence As also the petitioner was manifestly uronged in so farr as first This most unansuerable objection against one of the witnesses uas repelled viz the said uitnes had a deadly feed against the petitioner and had threatned to kill him which uas the only uitnes that proved anything next ther uas no probation taken before the pannall and Inquiest in Court as is required by the act of parliament But only the Baillie Having before the tryall taken the probation of uitnesses by uay of recognition they uere not againe examined in presence of the assize and petitioner But only the former testimonies taken were repeated which is dounright Contrary to the nyntie one Act parliament Eleventh James the Sixth By which It is provyded that the witnesses and all the probation should be Led and deduced to the assize In presence of the party accused in place of Judgement and noe otheruise so that by the Law and Constant practice in such cases The oaths of the uitnesses formerly taken in the precognition should have been cancelled in the Court that they might have been at full Libertie to depone of new againe in presence of the party and assize And all this is Instructed by ane extract of the proces produced uith the said petitione And yet it is Certain that the forsaid assize did find him guiltie upon noe other Grounds seing therfore that this a matter of Life and death And that unles their Lordships Find a remedie and that speedily The petitioner will infallibly be putt to death tho clean and Innocent as said is And therfore Humblie Craving their Lordships to Review the forsaid proces probation and sentence in order aither to a Long Repreive or to the altering the forsaid paine and punishment as their Lordships shall see Cause And in the meantyme to Grant a sist of execution as the said petition Bears Which petition being upon the Fourteenth day of July Instant read in presence of the saids Lords of his Majesties privie Councill They Recommended to a Committie of their oune Number to Consider the principall proces or Indictment before the Baillie of the regality of Lennox against the petitioner with the Depositions verdict and haill other stepps of the proces And to see if the samen be Legallie and formallie done And the said Committie Having accordingly mett They Gave in their report Bearing That they having Considered the said proces and Indictment with the Depositiones of the uitnesses And Having taken the oath of Mathew Lindsay who uas Clerk to the said proces They find that the depositions taken in the precognition uere not destroyed as they ought to have been And that the witnesses were not of new examined before the Inquiest but that the depositiones in the precognition being read over to the witnesses in presence of the Inquiest The witnesses adhered to their depositions uith litle alteration And it is the Committies opinion that the procedure in the said Criminall proces is not Legall The uitnesses being under the forsaid prelimitation And therfore that the Councill may change the sentence of death pronunced against the said John Simmison into a sentence of banishment out of this Kingdome as the said report at more Length Bears And the saids Lords of his Majesties privie Councill Having this day Considered the above report of the Committie They heirby Convert the sentence of death pronunced against the said John Simmison into Banishment And heirby Banishes him furth of this Kingdome And Gives order and warrand to the Magistrats of Dumbartoun and Keeper of their tolbooth To sett the said John Simmisone at Liberty furth therof In respect that he hath Inacted himself in the Books of privie Councill That he shall depart furth of this Kingdome betuixt and the fifteenth day of Agust next to Come and never returne therto under the paine of Having the forsaid sentence of death pronunced against him putt in executione against him uithout mercy or furder delay sic subscribitur Poluarth cancelar Queensberrie Argyll James Ogilvie James Steuart Alexander Hope James Murray W Anstruther John Lauder C Campbell

Att Edinburgh the sixteenth day of Jullie Jaj vjc nyntye six years

A1696/7/281

Act

Act John Simmison

Anent the petitione given in to the Lords of his Majesties privie Councill by John Simmison in Law in the shire of Dumbartoune Sheuing That wher the petitioners son William Simmison Having fallen in furnication with one Mary Mcalaster Ther uas a Child procreat betuixt them And the said Marie therafter Keeped the said child for the space of halfe a year But then pretending to be in want Came with the child to the petitioners house and uould needs Lay doun the Child at his door and Leave it upon him which the petitioner refuised as he had reasone And the woman being obstinat and clamarous and persisting under the Cloud of night (it being about the end of November Last) to Leave the Child at the petitioners door He uith his son James and some servants were necessitat to Lift up the woman by the armes and to Cause take up her Child and Carry them both about a quarter of a mile to the toune of Lawmuir wher Having Led her all the way They left her And she having about tuo days thereafter been Carried as the petitioner is Informed, upon a slyde to a place called Bajaphray a Long mile distant she ther within tuo or three days therafter dyed wherupon McCaulay of Ardincaple Baillie of the Regality of Lennox being Informed by malice and Calumny against the petitioner Did Cause apprehend and Imprison him in the Tolbooth of Dumbartoune wher he receaved ane Indictment as if he had murdered the said Mary And upon this Indictment The petitioner being brought to a tryall before ane assize and uitnesses suorne against him was found guiltie and is sentenced to be execute and hanged to death upon the seventh of Agust next As to which sentence The petitioner Doeth most Humbly represent to their Lordships That Even the Baillie himself and all that ever heard of this matter are of the opinion That the petitioner gott hard measure from the Assizers nor were the assize themselves unanimous in their verdict But it only past by the plurality But secundo The petitioner Lays before their Lordships the extract of the whole process with the depositions and verdict To the effect they may be revieued And thereby it will plainly appear That ther uas noe sufficient Evidence against the petitioner Ther being not so much as one witnes that proves That the petitioner did at all beat her in any sort aither with hand fist or other weapon But in effect all proven against the petitioner is That he helped her away from his oune house to be quite of her trowble and clamour For as to what is witnessed of her saying That the petitioner was the cause of her death or that the witnesses heard others say That the petitioner or others in his Company had beaten her It is only false hearsay and makes nothing for the verity and sufficiency of the evidence As also the petitioner was manifestly uronged in so farr as first This most unansuerable objection against one of the witnesses uas repelled viz the said uitnes had a deadly feed against the petitioner and had threatned to kill him which uas the only uitnes that proved anything next ther uas no probation taken before the pannall and Inquiest in Court as is required by the act of parliament But only the Baillie Having before the tryall taken the probation of uitnesses by uay of recognition they uere not againe examined in presence of the assize and petitioner But only the former testimonies taken were repeated which is dounright Contrary to the nyntie one Act parliament Eleventh James the Sixth By which It is provyded that the witnesses and all the probation should be Led and deduced to the assize In presence of the party accused in place of Judgement and noe otheruise so that by the Law and Constant practice in such cases The oaths of the uitnesses formerly taken in the precognition should have been cancelled in the Court that they might have been at full Libertie to depone of new againe in presence of the party and assize And all this is Instructed by ane extract of the proces produced uith the said petitione And yet it is Certain that the forsaid assize did find him guiltie upon noe other Grounds seing therfore that this a matter of Life and death And that unles their Lordships Find a remedie and that speedily The petitioner will infallibly be putt to death tho clean and Innocent as said is And therfore Humblie Craving their Lordships to Review the forsaid proces probation and sentence in order aither to a Long Repreive or to the altering the forsaid paine and punishment as their Lordships shall see Cause And in the meantyme to Grant a sist of execution as the said petition Bears Which petition being upon the Fourteenth day of July Instant read in presence of the saids Lords of his Majesties privie Councill They Recommended to a Committie of their oune Number to Consider the principall proces or Indictment before the Baillie of the regality of Lennox against the petitioner with the Depositions verdict and haill other stepps of the proces And to see if the samen be Legallie and formallie done And the said Committie Having accordingly mett They Gave in their report Bearing That they having Considered the said proces and Indictment with the Depositiones of the uitnesses And Having taken the oath of Mathew Lindsay who uas Clerk to the said proces They find that the depositions taken in the precognition uere not destroyed as they ought to have been And that the witnesses were not of new examined before the Inquiest but that the depositiones in the precognition being read over to the witnesses in presence of the Inquiest The witnesses adhered to their depositions uith litle alteration And it is the Committies opinion that the procedure in the said Criminall proces is not Legall The uitnesses being under the forsaid prelimitation And therfore that the Councill may change the sentence of death pronunced against the said John Simmison into a sentence of banishment out of this Kingdome as the said report at more Length Bears And the saids Lords of his Majesties privie Councill Having this day Considered the above report of the Committie They heirby Convert the sentence of death pronunced against the said John Simmison into Banishment And heirby Banishes him furth of this Kingdome And Gives order and warrand to the Magistrats of Dumbartoun and Keeper of their tolbooth To sett the said John Simmisone at Liberty furth therof In respect that he hath Inacted himself in the Books of privie Councill That he shall depart furth of this Kingdome betuixt and the fifteenth day of Agust next to Come and never returne therto under the paine of Having the forsaid sentence of death pronunced against him putt in executione against him uithout mercy or furder delay sic subscribitur Poluarth cancelar Queensberrie Argyll James Ogilvie James Steuart Alexander Hope James Murray W Anstruther John Lauder C Campbell

1. NRS, PC1/50, 596-99.

1. NRS, PC1/50, 596-99.

Sederunt, 16 July 1696, Edinburgh

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Att Edinburgh the sixteenth day of Jullie Jaj vjc nyntye six years1

A1696/7/272

Sederunt

Lord Chancelor; Duke of Queensberry; Earl of Argyll; Earl of Mortoun; Earl of Strathmore; Earl of Lothian; Earl of Leven; Earl of Annandale; Lord John Hamilton; Lord Montgomery; Lord Beilhaven; Sir James Ogilvie; Lord Advocat; Lord Philiphaugh; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Mr Fra: Montgomery; Laird of Grant; Laird of Balhousie

Att Edinburgh the sixteenth day of Jullie Jaj vjc nyntye six years1

A1696/7/272

Sederunt

Lord Chancelor; Duke of Queensberry; Earl of Argyll; Earl of Mortoun; Earl of Strathmore; Earl of Lothian; Earl of Leven; Earl of Annandale; Lord John Hamilton; Lord Montgomery; Lord Beilhaven; Sir James Ogilvie; Lord Advocat; Lord Philiphaugh; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Mr Fra: Montgomery; Laird of Grant; Laird of Balhousie

1. NRS, PC1/50, 596.

2. NRS, PC1/50, 596.

1. NRS, PC1/50, 596.

2. NRS, PC1/50, 596.