Tag Archives: 16 July 1706

Judicial Proceeding, 16 July 1706, Edinburgh

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Att Edinburgh the Sixteinth day of July Jaj vijc and Six years

A1706/7/141

Judicial Proceeding

Approbation of the Sentence of death pronounced by the Comissioners appoynted for trying George and Lauchlane Rattrayes for the crymes of witchcraft Sorcery and Charmeing

Sir James Steuart her Majesties Advocat haveing represented to the Board that the Commissioners appoynted for trying of George and Lauchlane Rattrayes for the Crymes of witchcraft, sorcery and charmeing, had made report of the said tryall, The Lords of her Majesties Privie Councell Recommended to the said Sir James Steuart, and Lord Justice Clerk To peruse and consider the said2 proces and tryall Against the Saids George and Lauchlane Rattrayes and to report, And the Said Committie not haveing mett, and the affair Lying over till the twentie fyfth day of June last, att which tyme the Same being again moved, The Saids Lords of her Majesties Privie Councell did therby Recomend to the former Committie appoynted to Consider the said proces and Sentence pronounced against the said George and Lauchlane Rattrayes to meet the nixt day therafter att three acloak in the afternoon, And added the Lords Ensteruther, Rankeillor and Minto to the Said Committie, and declaired any two a Quorum, And to report, Therafter wpon the Ellevinth day of July instant the said Committie haveing mett, and perused and considered the report of the said proces, as also the Commission of the Lords of Councell, with the Indytement wherupon the said tryall proceeded, They Fand the tryall was att the instance of the procurator Fiscall named in the Commission of Councell for her Majesties Interest, And that the Commissioners have3 therin proceeded orderly by giveing ther Interloquitor, Setting ane Assyse, and takeing the probation in Due manner, And that the verdict is distinct and aggreeable to the probation, And therfor are of oppinion that the wholl tryall is orderly proceeded, And remitted to the Lords of Councell to approve and ratifie the Same according to the reserve in their Commission given for that effect as the said report bears, And wpon the day and date of thir presents The Saids Lords of her Majesties Privie Councell haveing considered the said above report, And the Samen with a petition be the saids George and Lauchlane Rattrayes being read in ther presence, The Saids Lords have Approven and heirby Approves of the Report of the Said Committie In the haill heads, articles and clauses therof, And have found and heirby Finds that the Commissioners nominat by the Councell have proceeded orderly by giveing ther Interloquitor, Setting ane Assyze, and takeing the probation in due maner, And that the verdict is distinct and aggreeable to the probation, And have Ratified and Approven, and heirby Ratifies and approves of the Sentence of death pronounced theron against the Saids George and Lauchlane Rattrayes, And have appoynted and ordained and heirby appoynts and ordains the Magistrats of Inverness to See and cause the Said Sentence of death pronounced against them by the Commissioners appoynted theranent, Be putt in execution against them wpon the Last wednsday of September nixt to come, att the Same place, and in the Same maner mentioned in the said Sentence Sic Subscribitur Montrose P. Buchan. Northesk. Forfar. Torphichen. Elibank. James Steuart. Gilbert Eliot. Archibald Douglass.

At Edinburgh 16 July 1706

A1706/7/141

Judicial Proceeding

Approbation of the sentence of death pronounced by the commissioners appointed for trying George and Lauchlan Rattray for the crimes of witchcraft, sorcery, and charming

Sir James Stewart, her majesty’s advocate, having represented to the board that the commissioners appointed for trying of George and Lauchlan Rattray for the crimes of witchcraft, sorcery, and charming had made report of the said trial, the lords of her majesty’s privy council recommended to the said Sir James Stewart, and [Adam Cockburn] lord justice clerk, to peruse and consider the said process and trial against the said George and Lauchlan Rattray and to report. And the said committee not having met, and the affair lying over till 25 June last, at which time the same being again moved, the said lords of her majesty’s privy council did thereby recommend to the former committee appointed to consider the said process and sentence pronounced against the said George and Lauchlan Rattray to meet the next day thereafter at three o’clock in the afternoon, and added [William] Lord Anstruther, [Sir Archibald Hope] Lord Rankeillor, and [Gilbert Elliot] Lord Minto to the said committee, and declared any two a quorum, and to report. Thereafter upon 11 July instant the said committee having met, and perused and considered the report of the said process, as also the commission of the lords of council, with the indictment whereupon the said trial proceeded, they found the trial was at the instance of the procurator fiscal named in the commission of council for her majesty’s interest, and that the commissioners have therein proceeded orderly by giving their interlocutor, setting an assize, and taking the probation in due manner, and that the verdict is distinct and agreeable to the probation, and therefor are of opinion that the whole trial is orderly proceeded, and remitted to the lords of council to approve and ratify the same according to the reserve in their commission given for that effect, as the said report bears. And upon the day and date of these present, the said lords of her majesty’s privy council having considered the said above report, and the same with a petition by the said George and Lauchlan Rattray being read in their presence, the said lords have approved and hereby approve of the report of the said committee in the whole heads, articles, and clauses thereof, and have found and hereby finds that the commissioners nominated by the council have proceeded orderly by giving their interlocutor, setting an assize, and taking the probation in due manner, and that the verdict is distinct and agreeable to the probation, and have ratified and approved, and hereby ratify and approve of the sentence of death pronounced thereon against the said George and Lauchlan Rattray, and have appointed and ordained and hereby appoint and ordain the magistrates of Inverness to see and cause the said sentence of death pronounced against them by the commissioners appointed thereanent be put in execution against them upon the last Wednesday of September next to come, at the same place, and in the same manner mentioned in the said sentence. Sic Subscribitur Montrose president; Buchan; Northesk; Forfar; Torphichen; Elibank; James Stewart; Gilbert Elliot; Archibald Douglas.

1. NRS, PC1/53, 480.

2. The word ‘report’ scored out here.

3. Insertion.

1. NRS, PC1/53, 480.

2. The word ‘report’ scored out here.

3. Insertion.

Order, 16 July 1706, Edinburgh

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Att Edinburgh the Sixteinth day of July Jaj vijc and Six years

A1706/7/131

Order

[Forces to Greenock]

The Lords of her Majesties privie Councell Doe heirby appoynt and ordaine the Commander in Chieff of her Majesties forces within this kingdome, with all expedition possible to order a partie of Twentie Souldiers, and a Serjeant, well armed, to march to Greenock and ther to enter on board her Majesties Shipe the Dumbarton-Castell Captain Matthew Campbell Commander, And ther to continue wnder the said Captain his Command and his direction dureing his cruise, And recommends to the Lords Commissioners of her Majesties Theasaury to order ane allowance for Subsistance the said additionall partie, dureing the said Captains Cruise.

At Edinburgh 16 July 1706

A1706/7/131

Order

[Forces to Greenock]

The lords of her majesty’s privy council do hereby appoint and ordain [David Melville, earl of Leven] the commander in chief of her majesty’s forces within this kingdom, with all expedition possible, to order a party of twenty soldiers, and a sergeant, well armed, to march to Greenock and there to enter on board her majesty’s ship the Dumbarton Castle, Captain Matthew Campbell commander, and there to continue under the said Captain his command and his direction during his cruise. And recommend to the lord commissioners of her majesty’s treasury to order an allowance for subsistence [of] the said additional party during the said captain’s cruise.

1. NRS, PC1/53, 480.

1. NRS, PC1/53, 480.

Proclamation, 16 July 1706, Edinburgh

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Att Edinburgh the Sixteinth day of July Jaj vijc and Six years

A1706/7/121

Proclamation

Proclamation adjurneing the parliament

Proclamation for adjurneing the parliament to the twentie nynth of August nixt to come Read, Signed, ordered to be recorded, printed and published. And is as follows.
Anne by the Grace of God Queen of Great Brittaine, France and Irland defender of the faith To our Lyon King at armes, and his bretheren heraulds, meacers of our privie Councell, pursevants messengers att armes, our Shirreffs in that pairt Conjunctllie and Severallie Speciallie constitut Greeting Wheras the present State of our affairs does requyre a farther delay of the meeting of our parliament of this out antient Kingdome, then to the Twentie fyfth of this instant July, to which it is now adjurned, wee are therfor resolved to continue the said adjurnement from the said twenty fyfth day of July instant; Wee with advyce and consent of the Lords of our privie Councell have Adjurned and heirby Adjurns our said current parliament from the said twentie fyfth day of July instant To the Twentie nynth day of August nixt to come, Requyreing heirby all the members therof to attend att Edinburgh the said day in the usuall maner, and tender the accustomed certifications by law appoynted, Our Will is Heirfore and wee charge yow Strictly and Command that in continent thir our Letters seen ye pass to the mercat Cross of Edinburgh, and to the mercat Crosses of the remanent head burghs of the severall shyres and steuartries within this our antient Kingdome; And ther in our name and authoritie make publict Intimation that our said parliament is adjurned to the said twentie nynth day of August nixt to come, And ordains these presents to be printed and published; Given wnder our Signet att Edinburgh the Sixteinth day of July, And of our reigne the fyfth year Jaj vijc and Six years, Sic Subscribitur Montrose P. Buchan Northesk. Forfar. Cromartie. Haddo. Torphichen. Elibank. James Steuart Robert Dundas. William Anstruther. A Hope. John Maxwell. Gilbert Eliot. A Douglass.

At Edinburgh 16 July 1706

A1706/7/121

Proclamation

Proclamation adjourning the parliament

Proclamation for adjourning the parliament to 29 August next to come read, signed, ordered to be recorded, printed, and published. And is as follows:
Anne by the grace of God queen of Great Britain, France, and Ireland defender of the faith, to our lyon king at arms, and his brethren heralds, macers of our privy council, pursuivants, messengers at arms, our sheriffs in that part conjunctly and severally specially constituted, greeting. Whereas the present state of our affairs does require a further delay of the meeting of our parliament of this out ancient kingdom than to 25 this instant July, to which it is now adjourned, we are therefor resolved to continue the said adjournment from the said 25 July instant. We with advice and consent of the lords of our privy council have adjourned and hereby adjourn our said current parliament from the said 25 July instant to 29 August next to come, requiring hereby all the members thereof to attend at Edinburgh the said day in the usual manner, and tender the accustomed certifications by law appointed. Our will is therefore and we charge you strictly and command that immediately these our letters [are] seen you pass to the mercat cross of Edinburgh, and to the mercat crosses of the remanent head burghs of the several shires and stewartries within this our ancient kingdom, and there in our name and authority make public intimation that our said parliament is adjourned to the said 29 August next to come, and ordain these present to be printed and published. Given under our signet at Edinburgh 16 July and of our reign the fifth year 1706. Sic Subscribitur Montrose president; Buchan; Northesk; Forfar; Cromartie; Haddo; Torphichen; Elibank; James Stewart; Robert Dundas; William Anstruther; Archibald Hope; John Maxwell; Gilbert Elliot; Archiabld Douglas.

1. NRS, PC1/53, 479-80.

1. NRS, PC1/53, 479-80.

Letter: royal, 16 July 1706, Edinburgh

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Att Edinburgh the Sixteinth day of July Jaj vijc and Six years

A1706/7/111

Letter: royal

Letter from the Queen to the Councell for adjurneing the parliament

Letter from the Queens Majestie to the Councell for adjurneing the parliament to the twentie nynth day of August nixt to come, Read, and ordered to be recorded. wherof the tenor followes.
Sic Suprascribitur
Anne Regina
Right trustie and right well beloved Cousine and Councellor, Right trustie and intirely beloved Cousins and Councellors, Right trustie and well beloved Cousins and Councellors, Right trustie and well beloved Councellors, and trustie and well beloved Councellors, wee Greet yow well, Wheras the present State of our affairs does requyre a further delay of the meeting of our parliament of that our antient Kingdome then to the Twentie fyfth day of July instant, to which it is now adjurned; It is our will and pleasure, and wee doe heirby authorize and requyre yow To issue furth a proclamation in our name; ordering a further adjurnement of our said parliament from the said Twentie fyfth of this instant July to the Twentie nynth day of August nixt therafter, and ordering all the members therof to attend that day att Edinburgh In the usuall way, and upon the accustomed certifications, For doeing wherof this Shall be yowr warrant, And So wee bid yow heartily farwell. Given att our Court at Windsor-Castell the Eight day of July Jaj vijc and Six, and of our reigne the fyfth year, By her Majesties Command Sic Subscribitur Mar.

Att Edinburgh the Sixteinth day of July Jaj vijc and Six years

A1706/7/111

Letter: royal

Letter from the queen to the council for adjourning the parliament

Letter from the queen’s majesty to the council for adjourning the parliament to 29 August next to come, read and ordered to be recorded. Whereof the tenor follows:
Sic Suprascribitur
Anne Regina
Right trusty and right well beloved cousin and councillor, right trusty and entirely beloved cousins and councillors, right trusty and well beloved cousins and councillors, right trusty and well beloved councillors, and trusty and well beloved councillors, we greet you well. Whereas the present state of our affairs does require a further delay of the meeting of our parliament of that our ancient kingdom than to 25 July instant, to which it is now adjourned, it is our will and pleasure, and we do hereby authorise and require you to issue forth a proclamation in our name, ordering a further adjournment of our said parliament from the said 25 this instant July to 29 August next thereafter, and ordering all the members thereof to attend that day at Edinburgh in the usual way, and upon the accustomed certifications. For doing whereof this shall be your warrant. And so we bid you heartily farewell. Given at our Court at Windsor Castle 8 July 1706, and of our reign the fifth year, By her majesty’s command Sic Subscribitur Mar.

1. NRS, PC1/53, 479.

1. NRS, PC1/53, 479.

Procedure, 16 July 1706, Edinburgh

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Att Edinburgh the Sixteinth day of July Jaj vijc and Six years

A1706/7/101

Procedure

[Douglas of Cavers oath]

Archbald Douglas of Cavers Douglas qualified himselfe to her Majestie as a privie Councellor by Swearing the oath of alleadgance and Subscribeing the Same with the assureance, And therafter the Lord president of privie Councell did adminsitrat to him the oath de fidelii and then he took his place att the Board accordingly.

At Edinburgh 16 July 1706

A1706/7/101

Procedure

[Douglas of Cavers oath]

Archibald Douglas of Cavers qualified himself to her majesty as a privy councillor by swearing the oath of allegiance and subscribing the same with the assurance, and thereafter [James Graham, marquis of Montrose] the lord president of privy council did administer to him the oath de fideli and then he took his place at the board accordingly.

1. NRS, PC1/53, 479.

1. NRS, PC1/53, 479.

Sederunt, 16 July 1706, Edinburgh

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Att Edinburgh the Sixteinth day of July Jaj vijc and Six years1

A1706/7/92

Sederunt

Marquis of Montrose P; Earl of Buchan; Earl of Northesk; Earl of Forfar; Earl of Dunmore; Earl of Cromartie; Lord Haddo; Lord Torphichen; Lord Elibank; Lord Register; Lord Advocat; Lord Arnestoun; Lord Ensteruther; Lord Rankeillor; Lord Pollock; Lord Minto; Laird of Cavers Douglas

At Edinburgh 16 July 17061

A1706/7/92

Sederunt

[James Graham] marquis of Montrose president; [David Erskine] earl of Buchan; [David Carnegie] earl of Northesk; [Archibald Douglas] earl of Forfar; [Charles Murray] earl of Dunmore; [George Mackenzie] earl of Cromartie; [William Gordon] Lord Haddo; [James Sandilands] lord Torphichen; [Alexander Murray] Lord Elibank; [Sir James Murray of Philiphaugh] lord register; [Sir James Stewart of Goodtrees] lord advocate; [Robert Dundas] Lord Arniston; [William] Lord Anstruther; [Sir Archibald Hope] Lord Rankeillor; [Sir John Maxwell] Lord Pollok; [Gilbert Elliot] Lord Minto; [Archibald Douglas] laird of Cavers

1. NRS, PC1/53, 479.

2. NRS, PC1/53, 479.

1. NRS, PC1/53, 479.

2. NRS, PC1/53, 479.