Tag Archives: 16 May 1695

Act, 16 May 1695, Edinburgh

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Att Holyruidhouse Thursday 16 May 1695

D1695/5/41

Act

Act The viscount of Arbuthnot and Mr Mongo Carnegie

Anent the Petition given in to his Majesties high Commissioner and Lords of privy Councill be Anna Viscountess of Arbuthnot Shewing That wher, upon supplication given in by petitioner The saids Lords did appoint Mr Mongo Carnegy advocat factor to the estate of Arbuthnot for ingathering of the rents and duties of the said estate for cropt and year of God Jaj vjc nyntie four as their Lordships act of the date the […] day of Aprill more fully bears and seing the said Mr Mongo In obedience to ther Lordships act went North in order to uplift the saids rents and for that effect advertised the wholl tennents To meet and give up ane true accompt of the rents they payed But such is the malice of those who pretended to be tutors to the petitioners sone and of one Alexander Innes That instead of comeing for the effect aforsaid They did send throw the wholl tenents and Desyred That they might not at all appear and accordingly non of them did come save one who protested against their Lordships Commissione to the said Mr Carnegy so that unless their Lordships provyded a remeedy against the Contumacie of the tennents and the malice of the said Mr Innes and the pretended tutors The rents will altogither perish and no annualrents will be payed and Consequently that ancient familly be brought to ruine And Therfore Craveing the saids Lords would be pleased To Grant full power and Warrand to the said Mr Mongo Carnegie (Factor allready Constitute and who hath allready found suficient Cautione) To hold Courts outt putt and in putt tennents Grant tacks and assidationes and to doe all other acts and deeds for the more effectuall inbringing of the rents That so the annualrents may be timeously payed and the memory of that antient and honorable familly in some measure preserved as the said petition bears His Majesties high Commissioner and the Lords of privy Councill having Considered this petition given in to them be the above viscountess of Arbuthnot, They heirby Grant full power and Warrand to the above Mr Mongo Carnegie factor allready Constitute for the said estate To hold Courts outputt and Input Tennents, Grant tacks and assidationes and to doe all other acts and deed for the more effectuall ingathering of the rents of the said estates Conforme to the said factory That so the annualrents may be timeously payed.

Att Holyruidhouse Thursday 16 May 1695

D1695/5/41

Act

Act The viscount of Arbuthnot and Mr Mongo Carnegie

Anent the Petition given in to his Majesties high Commissioner and Lords of privy Councill be Anna Viscountess of Arbuthnot Shewing That wher, upon supplication given in by petitioner The saids Lords did appoint Mr Mongo Carnegy advocat factor to the estate of Arbuthnot for ingathering of the rents and duties of the said estate for cropt and year of God Jaj vjc nyntie four as their Lordships act of the date the […] day of Aprill more fully bears and seing the said Mr Mongo In obedience to ther Lordships act went North in order to uplift the saids rents and for that effect advertised the wholl tennents To meet and give up ane true accompt of the rents they payed But such is the malice of those who pretended to be tutors to the petitioners sone and of one Alexander Innes That instead of comeing for the effect aforsaid They did send throw the wholl tenents and Desyred That they might not at all appear and accordingly non of them did come save one who protested against their Lordships Commissione to the said Mr Carnegy so that unless their Lordships provyded a remeedy against the Contumacie of the tennents and the malice of the said Mr Innes and the pretended tutors The rents will altogither perish and no annualrents will be payed and Consequently that ancient familly be brought to ruine And Therfore Craveing the saids Lords would be pleased To Grant full power and Warrand to the said Mr Mongo Carnegie (Factor allready Constitute and who hath allready found suficient Cautione) To hold Courts outt putt and in putt tennents Grant tacks and assidationes and to doe all other acts and deeds for the more effectuall inbringing of the rents That so the annualrents may be timeously payed and the memory of that antient and honorable familly in some measure preserved as the said petition bears His Majesties high Commissioner and the Lords of privy Councill having Considered this petition given in to them be the above viscountess of Arbuthnot, They heirby Grant full power and Warrand to the above Mr Mongo Carnegie factor allready Constitute for the said estate To hold Courts outputt and Input Tennents, Grant tacks and assidationes and to doe all other acts and deed for the more effectuall ingathering of the rents of the said estates Conforme to the said factory That so the annualrents may be timeously payed.

1. NRS, PC2/25, 242r-242v.

1. NRS, PC2/25, 242r-242v.

Act, 16 May 1695, Edinburgh

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Att Holyruidhouse Thursday 16 May 1695

Act

Act Sir Patrick Hepburn

Anent the petition given in to his majesties high Commissioner and the Lords of privy Councill be Sir Patrick Hepburne of Blackcastle Shewing That wher James Brown Chirurgeon hath lately incarcerat the petitioner within the Tolbooth of Edinburgh be vertue of letters of Captione at his instance for the petitioners alledged not Warranding and his wifes not ratifieing of ane disposition made by the petitioner to him most unjustly specto mandato of the Lords of Sessione In so farr as when the petitioner was apprehended upon the twentie sixth of Aprill Last, The petitioner hade ane sist of executione upon ane bill of suspensione and Which the petitioner produced and duely intimat to the said James Brown and his messengers when the petitioner was attacqued as the samen and instrument of Intimatione therwith produced bears, Notwithstanding quherof the said James Brown did cause incarcerat the petitioner in plaine contempt of the authoritie of the Lords of Sessione who not being sitting at present Cannot redress the petitioners injury nor vindicat their oun authoritie swa Contemned as said is, albeit thrie of ther oun number to whom the petitioner applyed be suficiently Convinced therof But Recomended the petitioner to apply to your Lordships as the only proper Judicatur now Sitting for that effect And Therfore Humbly Craveing the saids Lords To ordaine him to be sett at Liberty In Respect of the said unwarrantable incarceratione without Cautione or Consignatione as the petition bears His Majesties high Commissioner and the Lords of his majesties privy Councill Doe heirby Give order and Warrand to the magistrats of Edinburgh and keeper of their Tolbooth to sett the petitioner at Liberty furth therof In Respect he hath given bond and found suficient Cautione acted in the books of privy Councill That he shall appear before the saids Lords upon the twentie thrid day of May instant and incase he be not called the said day then that he shall appear each Councill day therafter untill to be Called and the Cause Discussed, and incase he shall faill in any part of the premisses then that the Cautioner shall be bound and obleist to satisfie fullfill and personne the Charge given by the said James Brown to the said petitioner and grounds therof And in the mean time allowes the said James Brown to see and answer the petition against the day forsaid.

Att Holyruidhouse Thursday 16 May 1695

D1695/5/31

Act

Act Sir Patrick Hepburn

Anent the petition given in to his majesties high Commissioner and the Lords of privy Councill be Sir Patrick Hepburne of Blackcastle Shewing That wher James Brown Chirurgeon hath lately incarcerat the petitioner within the Tolbooth of Edinburgh be vertue of letters of Captione at his instance for the petitioners alledged not Warranding and his wifes not ratifieing of ane disposition made by the petitioner to him most unjustly specto mandato of the Lords of Sessione In so farr as when the petitioner was apprehended upon the twentie sixth of Aprill Last, The petitioner hade ane sist of executione upon ane bill of suspensione and Which the petitioner produced and duely intimat to the said James Brown and his messengers when the petitioner was attacqued as the samen and instrument of Intimatione therwith produced bears, Notwithstanding quherof the said James Brown did cause incarcerat the petitioner in plaine contempt of the authoritie of the Lords of Sessione who not being sitting at present Cannot redress the petitioners injury nor vindicat their oun authoritie swa Contemned as said is, albeit thrie of ther oun number to whom the petitioner applyed be suficiently Convinced therof But Recomended the petitioner to apply to your Lordships as the only proper Judicatur now Sitting for that effect And Therfore Humbly Craveing the saids Lords To ordaine him to be sett at Liberty In Respect of the said unwarrantable incarceratione without Cautione or Consignatione as the petition bears His Majesties high Commissioner and the Lords of his majesties privy Councill Doe heirby Give order and Warrand to the magistrats of Edinburgh and keeper of their Tolbooth to sett the petitioner at Liberty furth therof In Respect he hath given bond and found suficient Cautione acted in the books of privy Councill That he shall appear before the saids Lords upon the twentie thrid day of May instant and incase he be not called the said day then that he shall appear each Councill day therafter untill to be Called and the Cause Discussed, and incase he shall faill in any part of the premisses then that the Cautioner shall be bound and obleist to satisfie fullfill and personne the Charge given by the said James Brown to the said petitioner and grounds therof And in the mean time allowes the said James Brown to see and answer the petition against the day forsaid.

1. NRS, PC2/25, 241v-242r.

1. NRS, PC2/25, 241v-242r.

Act, 16 May 1695, Edinburgh

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Att Holyruidhouse Thursday 16 May 1695

D1695/5/21

Act

Act The Toune of Lanerk for a Bridge

Anent the Petition given in to the Lord2 high Commissioner and Lords of his majesties privy Councill be Baillies Dean of Gild Thesaurer and remanent members of the toune Councill of Lanerk for themselves and as representing the Community of the said burgh Shewing That wher the violent Current of the river of Clyde near the said burgh wher ther has been ane February boat keeped for transporting passingers to and from the west Countrey does not only render the said river frequently Impassible to the great incomodation and prejudice of his Majesties Leidges But likwayes has severall times caried away the said boat with passingers in her, over ane high Linn Called Stone byre Linn wherby and by others passing the said river at Foords many have lost their Lives and perished in the said watter as appears by the testificats produced under the hands of severall gentlman of the shire Which the petitioners taking into their Consideration Have Judged it very necessary for the safety of passingers and for encouragment of Trade and Comerce that ane suficient ston bridge be builded over the said river of Clyde near the said burgh at the foot of the Inch of Clydeholme the one end upon the saids Clydsholme pertaineing to the said burgh and the other upon the Kirkfeildholm pertaineing to Major James Weir of Kirkfeild who has Cheirfully Consented to the same as ane most necessary work and Lying most Conveniently for passingers being the Center betwixt Bothwellbridge and Litle-gill bridge which are Eightein myles distant and upwards And In Respect the said burgh of Lanerick having been so miserably wasted and spoilled dureing the late rigne by Forfaulters and exactiones of fynes free quarters for souldiers and the like Is not in ane Capacity to bear the Charges of so good and so necessary a work And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned His Majesties high Commissioner and the Lords of privy Councill having Considered this petition Given in to them be the above magistrats and Toune Councill of Lanerk They heirby Grant the desire of the said petitione as to the building of the bridge at the place forsaid and interpones ther authoritie therto and allowes a free voluntar Collectione to be made within all the paroches and at the Doors of all the paroch Churches and meeting houses of the severall shyres and burghes within this kingdome And Nominats and appoints Archibald Simpson merchant in Lanerk to be factor for uplifting and receiveing of the saids Collectiones In Respect he hath given bond and found sufficient Cautione acted in the books of privy Councill That he shall Imploy the Collectiones which shall be made be him upon the building of the forsaid bridge and shall hold compt to the Lords of his majesties privy Councill for what of the saids Collections shall not be so Imployed And Recomends to the ministers within all the paroch Churches and Congregationes of this kingdome To make intimation heirof in their saids Churches and Congregationes upon the Lords day Imediatly preceiding the day upon which the saids Collectiones shall be made and allowes these presents to be printed and the factor to Condescend upon what day or dayes the forsaid Collection shall be made.

Att Holyruidhouse Thursday 16 May 1695

D1695/5/21

Act

Act The Toune of Lanerk for a Bridge

Anent the Petition given in to the Lord2 high Commissioner and Lords of his majesties privy Councill be Baillies Dean of Gild Thesaurer and remanent members of the toune Councill of Lanerk for themselves and as representing the Community of the said burgh Shewing That wher the violent Current of the river of Clyde near the said burgh wher ther has been ane February boat keeped for transporting passingers to and from the west Countrey does not only render the said river frequently Impassible to the great incomodation and prejudice of his Majesties Leidges But likwayes has severall times caried away the said boat with passingers in her, over ane high Linn Called Stone byre Linn wherby and by others passing the said river at Foords many have lost their Lives and perished in the said watter as appears by the testificats produced under the hands of severall gentlman of the shire Which the petitioners taking into their Consideration Have Judged it very necessary for the safety of passingers and for encouragment of Trade and Comerce that ane suficient ston bridge be builded over the said river of Clyde near the said burgh at the foot of the Inch of Clydeholme the one end upon the saids Clydsholme pertaineing to the said burgh and the other upon the Kirkfeildholm pertaineing to Major James Weir of Kirkfeild who has Cheirfully Consented to the same as ane most necessary work and Lying most Conveniently for passingers being the Center betwixt Bothwellbridge and Litle-gill bridge which are Eightein myles distant and upwards And In Respect the said burgh of Lanerick having been so miserably wasted and spoilled dureing the late rigne by Forfaulters and exactiones of fynes free quarters for souldiers and the like Is not in ane Capacity to bear the Charges of so good and so necessary a work And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned His Majesties high Commissioner and the Lords of privy Councill having Considered this petition Given in to them be the above magistrats and Toune Councill of Lanerk They heirby Grant the desire of the said petitione as to the building of the bridge at the place forsaid and interpones ther authoritie therto and allowes a free voluntar Collectione to be made within all the paroches and at the Doors of all the paroch Churches and meeting houses of the severall shyres and burghes within this kingdome And Nominats and appoints Archibald Simpson merchant in Lanerk to be factor for uplifting and receiveing of the saids Collectiones In Respect he hath given bond and found sufficient Cautione acted in the books of privy Councill That he shall Imploy the Collectiones which shall be made be him upon the building of the forsaid bridge and shall hold compt to the Lords of his majesties privy Councill for what of the saids Collections shall not be so Imployed And Recomends to the ministers within all the paroch Churches and Congregationes of this kingdome To make intimation heirof in their saids Churches and Congregationes upon the Lords day Imediatly preceiding the day upon which the saids Collectiones shall be made and allowes these presents to be printed and the factor to Condescend upon what day or dayes the forsaid Collection shall be made.

1. NRS, PC2/25, 240v-241r.

2. The words ‘s of’ scored out here.

1. NRS, PC2/25, 240v-241r.

2. The words ‘s of’ scored out here.

Sederunt, 16 May 1695, Edinburgh

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Att Holyruidhouse Thursday 16 May 1695

D1695/5/11

Sederunt

Marques Tweedale Commissioner; Earl of Anandale pres; Earl of Melvill p: Seall; Duke of Queensberry; Earl of Argyll; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Kintoir; Lord Yester; Viscount Tarbat; Lord Strathnaver; Lord Raith; Lord Ross; Lord Beilhaven; Lord Carmichell; Lord Polwarth; Mr Johnston Lord secretary; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Enstruther; Mr Fra: Montgomery; Laird of Grant; Laird of Stivenson; Laird of Leyes; Laird of Pollock; Sir Thomas Livingston

Att Holyruidhouse Thursday 16 May 1695

D1695/5/11

Sederunt

Marques Tweedale Commissioner; Earl of Anandale pres; Earl of Melvill p: Seall; Duke of Queensberry; Earl of Argyll; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Kintoir; Lord Yester; Viscount Tarbat; Lord Strathnaver; Lord Raith; Lord Ross; Lord Beilhaven; Lord Carmichell; Lord Polwarth; Mr Johnston Lord secretary; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Enstruther; Mr Fra: Montgomery; Laird of Grant; Laird of Stivenson; Laird of Leyes; Laird of Pollock; Sir Thomas Livingston

1. NRS, PC2/25, 240v.

1. NRS, PC2/25, 240v.

Proclamation, 16 May 1695, Edinburgh

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At Holyrudehouse thursday the sexteenth day of may Jaj vjc nynty and fyve years

A1695/5/121

Proclamation

Proclamatione dischargeing English clipt money2

The proclamatione afterinsert being read was voted approven and signed and ordered to be recorded wherof the tenor followeth a proclamatione dischargeing english clipt money except by weight William by the grace of God King of great Brittaine France and Ireland defender of the faith To […] Macers of our privy Councill Messengers at armes our shirriffs in that part conjunctlly and severally constitut greeting Forasmuch as the Leidges of this our ancient Kingdome doe sustaine a great and growing prejudice3 by the inbringing and passing of English clipt money which is far under the true value Therfore and for remeed of the foresaid abuse we with advyse of the Lords of our privy Councill have thought fitt to discharge lykeas we hereby discharg the said English clipt money to pass in payments from and after the tuentieth day of this instant moneth of May except by weight conforme to the standart of this Kingdome at the rate aftermentioned viz the Croune peice at the rate and weight of fourteen drop and ane half and the half croune at seven drop and nyne grains The Shilling sterline peice at two drop thretty two grains and the sexpence sterline peice at one drop and sexteen grains Declareing that none of our leidges shall from and after the said day be oblidged to take the same in payments save by weight as said is provyding nevertheless that all english money unclipt shall pass after the same maner and at the same rate as it was in use to pass before the emitting of this proclamatione Our will is Herefore and we charge you strictly and Command That incontinent thir our letters seen ye pass to the marcat Cross of Edinburgh and remanent marcat Crosses of the haill head burghs of the severall shyres within this Kingdome and there by open proclamatione make intimatione Hereof that none may pretend ignorance and ordaines these presents to be printed Given under our signet at Edinburgh the sexteenth day of may and of our Reigne the seventh year Jaj vjc nynty and fyve years sic subscribitur Annandale p Queensberrie Argyle Southerland Mortoune Cassilis Lothian Forfar Kintore Strathnaver Yester Ross Beilhaven Carmichaell Polwarth W Anstruther

At Holyrudehouse thursday the sexteenth day of may Jaj vjc nynty and fyve years

A1695/5/121

Proclamation

Proclamatione dischargeing English clipt money2

The proclamatione afterinsert being read was voted approven and signed and ordered to be recorded wherof the tenor followeth a proclamatione dischargeing english clipt money except by weight William by the grace of God King of great Brittaine France and Ireland defender of the faith To […] Macers of our privy Councill Messengers at armes our shirriffs in that part conjunctlly and severally constitut greeting Forasmuch as the Leidges of this our ancient Kingdome doe sustaine a great and growing prejudice3 by the inbringing and passing of English clipt money which is far under the true value Therfore and for remeed of the foresaid abuse we with advyse of the Lords of our privy Councill have thought fitt to discharge lykeas we hereby discharg the said English clipt money to pass in payments from and after the tuentieth day of this instant moneth of May except by weight conforme to the standart of this Kingdome at the rate aftermentioned viz the Croune peice at the rate and weight of fourteen drop and ane half and the half croune at seven drop and nyne grains The Shilling sterline peice at two drop thretty two grains and the sexpence sterline peice at one drop and sexteen grains Declareing that none of our leidges shall from and after the said day be oblidged to take the same in payments save by weight as said is provyding nevertheless that all english money unclipt shall pass after the same maner and at the same rate as it was in use to pass before the emitting of this proclamatione Our will is Herefore and we charge you strictly and Command That incontinent thir our letters seen ye pass to the marcat Cross of Edinburgh and remanent marcat Crosses of the haill head burghs of the severall shyres within this Kingdome and there by open proclamatione make intimatione Hereof that none may pretend ignorance and ordaines these presents to be printed Given under our signet at Edinburgh the sexteenth day of may and of our Reigne the seventh year Jaj vjc nynty and fyve years sic subscribitur Annandale p Queensberrie Argyle Southerland Mortoune Cassilis Lothian Forfar Kintore Strathnaver Yester Ross Beilhaven Carmichaell Polwarth W Anstruther

1. NRS, PC1/50, 183-4.

2. The phrase ‘The proclamatione’ scored out here.

3. The word ‘illegible word’ scored out here.

1. NRS, PC1/50, 183-4.

2. The phrase ‘The proclamatione’ scored out here.

3. The word ‘illegible word’ scored out here.

Commission by the Council, 16 May 1695, Edinburgh

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At Holyrudehouse thursday the sexteenth day of may Jaj vjc nynty and fyve years

A1695/5/111

Commission by the Council

Commissione of Justiciary for tryeing Margaret Baird

His Majesties high Commissioner and the Lords of his majesties privie Councill being informed That Margaret Baird relict of the deceast John Parker in Haining is presentlie prisoner in the Tolbooth of Ayre as alleadged guiltie of murdering her Chyld alleadged brought furth by the said Margaret in march last and Considering it will be a great deall of charges and expences to bring the said Margaret Baird to this place in ordor to a tryall before the Lords Commissioners of Justiciary besyds the severall inconveniencies that may arryse by their transportatione and the said Lords lyke wayes considering that this cryme cannot be tryed and judged by any persones in the Countrey without a warrand and Commissione from their Lordships for that effect and their Lordships being desyreous to have the said matter brought to a tryall that the persone guiltie 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 Mongo Campbell of Nether Place and Master John Cockburne Shirriff deputs of the shyre of […] William Chalmers of Blackrig Allane Chalmers of Sauchrie John Reid of Ballochmyle younger and William Montgomrie of Brigend or any three of the foresaid persones whom the said Lords doe hereby declaire to be a sufficient quorum, one of the said Shirriffs deputs being alwayes one of the three To take tryall of and to judge and2 doe justice upon the said Margaret Baird present Prisoner in the said Tolbooth for the said cryme and in ordor thereto to meet and conveen at Ayre the fourth day of June next to come and there to accept of this principall Commissione and upon their acceptance to administrate the oath of fedelity to the persone whom James Montgomerie of Langshaw Clerk to the Justice Court shall depute and substitut to be Clerk to this present Commissione, and if the said James Montgomerie shall neglect or delay to depute or substitute a Clark as said is being requyred thereto With power to the said Commissioners or their said quorum to Choyse ther owne Clark 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 others members of the said Court and to issue out and Cause raise precepts or lybells of indictment at the instance of […] Blair Wryter in the said burgh of Ayre Procurator Fiscall for his Majesties interest in the said matter against the said Margaret Baird for ceitting her and the assysers and witnesses in the ordinary maner and under the usuall paines and certificationes To compear before the said Commissioners hereby Commissionat or their said quorum at Ayre the tuentie one day of June in the said moneth with full power also to them to amerciat and fyne the absent assysers and witnesses 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 Pannell being fully heared The said Commissioners or ther said quorum may Judge and determine the Relevancie of the Lybell and to call ane inqueist of fourtie fyve persones who are to be ceitted on the assyse of the said persone and out of that number to choyse ane assyse of fyfteen and to administrate to them the ordinary oathe in the usuall tearms and with power also the said Commissioners or their said quorum to examine the witnesses ceitted in presence of the said Pannell and sworen inqueist upon the poynts that shall be admitted to probatione and therafter to remitt the said lybell and interloqutor to be given by them anent the Relevancie thereof and the depositiones of the witnesses to be taken in maner foresaid to the knowledge of the said inqueist and assyse whom they appoynt to elect a Chancellor or President with a Clark and after reading and peruseing of the said indictment interloqutor to be pronounced thereon and depositiones of the witnesses to be taken in presence of the said Pannell and assyse to find the lybell proven against the said pannell or to assoilzie her according to Law as they will answere 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 persones or their quorum whom they hereby authorize and Commissionat to advyse the Haill proces and verdict of the inqueist with the depositiones of the witneses and to give and pronounce sentance condemnatur or absolvitur in the said matter according to justice And in case the said Judges shall find the said Pannall guilty of the cryme layed to her Charge With power to the said Commissioners or their said quorum to decerne3 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 full 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 nominat and appoynted by the said Lords of privie Councill and the said Lords appoynts the said Commissioners or their said quorum within the space of ane moneth after pronounceing and executing of their sentance in this matter To report to the Lords Commissioners of Justiciary or to the Clerk of the Criminall Court ane authentick extract under their hands of their said sentance and the maner of executeing thereof to the effect the same may be recorded in the books of Justiciary which the Clerk to the Criminall Court is hereby requyred to record therein as he will be answerable Given at Halyrude house the sexteenth day of May Jaj vjc nynty and fyve years sic subscribitur Annandale P Melvill. Argyle Southerland J Morton Cassillis Lothiane Forfar Tarbatt Ross Robert Sinclair

At Holyrudehouse thursday the sexteenth day of may Jaj vjc nynty and fyve years

A1695/5/111

Commission by the Council

Commissione of Justiciary for tryeing Margaret Baird

His Majesties high Commissioner and the Lords of his majesties privie Councill being informed That Margaret Baird relict of the deceast John Parker in Haining is presentlie prisoner in the Tolbooth of Ayre as alleadged guiltie of murdering her Chyld alleadged brought furth by the said Margaret in march last and Considering it will be a great deall of charges and expences to bring the said Margaret Baird to this place in ordor to a tryall before the Lords Commissioners of Justiciary besyds the severall inconveniencies that may arryse by their transportatione and the said Lords lyke wayes considering that this cryme cannot be tryed and judged by any persones in the Countrey without a warrand and Commissione from their Lordships for that effect and their Lordships being desyreous to have the said matter brought to a tryall that the persone guiltie 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 Mongo Campbell of Nether Place and Master John Cockburne Shirriff deputs of the shyre of […] William Chalmers of Blackrig Allane Chalmers of Sauchrie John Reid of Ballochmyle younger and William Montgomrie of Brigend or any three of the foresaid persones whom the said Lords doe hereby declaire to be a sufficient quorum, one of the said Shirriffs deputs being alwayes one of the three To take tryall of and to judge and2 doe justice upon the said Margaret Baird present Prisoner in the said Tolbooth for the said cryme and in ordor thereto to meet and conveen at Ayre the fourth day of June next to come and there to accept of this principall Commissione and upon their acceptance to administrate the oath of fedelity to the persone whom James Montgomerie of Langshaw Clerk to the Justice Court shall depute and substitut to be Clerk to this present Commissione, and if the said James Montgomerie shall neglect or delay to depute or substitute a Clark as said is being requyred thereto With power to the said Commissioners or their said quorum to Choyse ther owne Clark 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 others members of the said Court and to issue out and Cause raise precepts or lybells of indictment at the instance of […] Blair Wryter in the said burgh of Ayre Procurator Fiscall for his Majesties interest in the said matter against the said Margaret Baird for ceitting her and the assysers and witnesses in the ordinary maner and under the usuall paines and certificationes To compear before the said Commissioners hereby Commissionat or their said quorum at Ayre the tuentie one day of June in the said moneth with full power also to them to amerciat and fyne the absent assysers and witnesses 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 Pannell being fully heared The said Commissioners or ther said quorum may Judge and determine the Relevancie of the Lybell and to call ane inqueist of fourtie fyve persones who are to be ceitted on the assyse of the said persone and out of that number to choyse ane assyse of fyfteen and to administrate to them the ordinary oathe in the usuall tearms and with power also the said Commissioners or their said quorum to examine the witnesses ceitted in presence of the said Pannell and sworen inqueist upon the poynts that shall be admitted to probatione and therafter to remitt the said lybell and interloqutor to be given by them anent the Relevancie thereof and the depositiones of the witnesses to be taken in maner foresaid to the knowledge of the said inqueist and assyse whom they appoynt to elect a Chancellor or President with a Clark and after reading and peruseing of the said indictment interloqutor to be pronounced thereon and depositiones of the witnesses to be taken in presence of the said Pannell and assyse to find the lybell proven against the said pannell or to assoilzie her according to Law as they will answere 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 persones or their quorum whom they hereby authorize and Commissionat to advyse the Haill proces and verdict of the inqueist with the depositiones of the witneses and to give and pronounce sentance condemnatur or absolvitur in the said matter according to justice And in case the said Judges shall find the said Pannall guilty of the cryme layed to her Charge With power to the said Commissioners or their said quorum to decerne3 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 full 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 nominat and appoynted by the said Lords of privie Councill and the said Lords appoynts the said Commissioners or their said quorum within the space of ane moneth after pronounceing and executing of their sentance in this matter To report to the Lords Commissioners of Justiciary or to the Clerk of the Criminall Court ane authentick extract under their hands of their said sentance and the maner of executeing thereof to the effect the same may be recorded in the books of Justiciary which the Clerk to the Criminall Court is hereby requyred to record therein as he will be answerable Given at Halyrude house the sexteenth day of May Jaj vjc nynty and fyve years sic subscribitur Annandale P Melvill. Argyle Southerland J Morton Cassillis Lothiane Forfar Tarbatt Ross Robert Sinclair

1. NRS, PC1/50, 181-3.

2. The letters ‘oe’ scored out here.

3. The phrase ‘as they shall think fitt’ scored out here.

1. NRS, PC1/50, 181-3.

2. The letters ‘oe’ scored out here.

3. The phrase ‘as they shall think fitt’ scored out here.

Act, 16 May 1695, Edinburgh

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At Holyrudehouse thursday the sexteenth day of may Jaj vjc nynty and fyve years

A1695/5/101

Act

Act for filling up the standing Regiments

His majesties high Commissioner and the Lords of his majesties privie Councill in prosecutione of his majesties Commands contained in a letter under his Royall hand direct to them of the date the tuentie seventh day of Apryll Last Doe Hereby allow and ordaine the officers of the standing Regiments within this Kingdome to recruite, fill up and compleat their Regiments betwixt and the tuentie nynth day of July next to come With certificatione to such of the said officers whose regiments and Complements shall not be compleated and made up betwixt and the said day They shall not only be Cashired from their offices but lykewayes shall repeat refound and pay back the levie money for each man whom they shall want of their Complement at the day foresaid

At Holyrudehouse thursday the sexteenth day of may Jaj vjc nynty and fyve years

A1695/5/101

Act

Act for filling up the standing Regiments

His majesties high Commissioner and the Lords of his majesties privie Councill in prosecutione of his majesties Commands contained in a letter under his Royall hand direct to them of the date the tuentie seventh day of Apryll Last Doe Hereby allow and ordaine the officers of the standing Regiments within this Kingdome to recruite, fill up and compleat their Regiments betwixt and the tuentie nynth day of July next to come With certificatione to such of the said officers whose regiments and Complements shall not be compleated and made up betwixt and the said day They shall not only be Cashired from their offices but lykewayes shall repeat refound and pay back the levie money for each man whom they shall want of their Complement at the day foresaid

1. NRS, PC1/50, 181.

1. NRS, PC1/50, 181.

Letter: royal, 16 May 1695, Edinburgh

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At Holyrudehouse thursday the sexteenth day of may Jaj vjc nynty and fyve years

A1695/5/91

Letter: royal

Letter frae the King allowing a moneth farder to recruit the standing Regiments

The Letter afterinsert direct from his majestie to the Councill being read was ordered to be recorded whereof the tenor followeth sic suprascribitur William Rex
Right trusty and right welbeloved Cousin and Councillor Right trustie and intirely beloved Cousin and Councillor Right trustie and welbeloved Cousins and Councillors Right trustie and welbeloved Councillors and trustie and welbeloved Councillors we greet you well we have considered the petitione of the officers of our Regiments in that our ancient Kingdome transmitted by you to us and it is our will and pleasure That they be allowed lykeas we doe by these presents allow them one moneth more over and above the tyme alreadie allowed them for recruiting their Regiments and we doe expect that against that tyme they shall have their Regiments full so we bid you heartily farewell Given at our Court at Kensingtoune the tuentie seventh day of Apryle 1695 and of our Reigne the 7th year By his Majesties Command sic subscribitur John Johnstoune

At Holyrudehouse thursday the sexteenth day of may Jaj vjc nynty and fyve years

A1695/5/91

Letter: royal

Letter frae the King allowing a moneth farder to recruit the standing Regiments

The Letter afterinsert direct from his majestie to the Councill being read was ordered to be recorded whereof the tenor followeth sic suprascribitur William Rex
Right trusty and right welbeloved Cousin and Councillor Right trustie and intirely beloved Cousin and Councillor Right trustie and welbeloved Cousins and Councillors Right trustie and welbeloved Councillors and trustie and welbeloved Councillors we greet you well we have considered the petitione of the officers of our Regiments in that our ancient Kingdome transmitted by you to us and it is our will and pleasure That they be allowed lykeas we doe by these presents allow them one moneth more over and above the tyme alreadie allowed them for recruiting their Regiments and we doe expect that against that tyme they shall have their Regiments full so we bid you heartily farewell Given at our Court at Kensingtoune the tuentie seventh day of Apryle 1695 and of our Reigne the 7th year By his Majesties Command sic subscribitur John Johnstoune

1. NRS, PC1/50, 180.

1. NRS, PC1/50, 180.

Sederunt, 16 May 1695, Edinburgh

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At Holyrudehouse thursday the sexteenth day of may Jaj vjc nynty and fyve years1

A1695/5/82

Sederunt

His Majesties Commissioner; Earl of Annandale PC; Earl of Melvill PS; Duke of Queensberry; Earl of Argyle; Earl of Southerland; Earl of Mortoune; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Kintore; Lord Yester; Viscount Tarbat; Lord Strathnaver; Lord Raith; Lord Ross; Lord Beilhaven; Lord Carmichaell; Lord Polwarth; Mr Johnstoun Lord Secretary; Lord Advocat; Lord Justice Clerk; Lord Hattoune; Lord Enstruther; Mr Fran Montgomery; Laird of Grant; Laird of Stevenson; Laird of Leyes; Laird of Pollock; Sir Thomas Livingstoun

At Holyrudehouse thursday the sexteenth day of may Jaj vjc nynty and fyve years1

A1695/5/82

Sederunt

His Majesties Commissioner; Earl of Annandale PC; Earl of Melvill PS; Duke of Queensberry; Earl of Argyle; Earl of Southerland; Earl of Mortoune; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Kintore; Lord Yester; Viscount Tarbat; Lord Strathnaver; Lord Raith; Lord Ross; Lord Beilhaven; Lord Carmichaell; Lord Polwarth; Mr Johnstoun Lord Secretary; Lord Advocat; Lord Justice Clerk; Lord Hattoune; Lord Enstruther; Mr Fran Montgomery; Laird of Grant; Laird of Stevenson; Laird of Leyes; Laird of Pollock; Sir Thomas Livingstoun

1. NRS, PC1/50, 180.

2. NRS, PC1/50, 180.

1. NRS, PC1/50, 180.

2. NRS, PC1/50, 180.