Tag Archives: 18 January 1704

Act, 18 January 1704, Edinburgh

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Edinburgh the 18th of Janwary 1704

D1704/1/101

Act

Act In favours of Hugh Catheart of Castletoun

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By Hugh Cathcart of Carletoun Shewing That where Her Majestie by her warrand for a patent to be a knight baronet under her Majesties Royall hand In favours of the petitioner and his Heirs male for ever The said warrand by oversight wants these words of being past per saltum And therfore humbly Craveing to the effect aftermentioned as the said petition bears The Lords of Her Majesties privie Councill haveing considered the above petition given into them by Hugh Cathcairt of Carletoun and the samen being read in their presence The saids Lords Doe heirby Appoynt and ordain the patent in favours of the petitioner to be Knight barronet, to pass the sealls per saltum And for that effect Grants warrand to the director of Her Majesties Chancelarie and his Deputs to wryt out the Samen And to the keeper of the Great Seall and his Deputs to append the Samen therto without passing any other Register or seall

Edinburgh the 18th of Janwary 1704

D1704/1/101

Act

Act In favours of Hugh Catheart of Castletoun

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By Hugh Cathcart of Carletoun Shewing That where Her Majestie by her warrand for a patent to be a knight baronet under her Majesties Royall hand In favours of the petitioner and his Heirs male for ever The said warrand by oversight wants these words of being past per saltum And therfore humbly Craveing to the effect aftermentioned as the said petition bears The Lords of Her Majesties privie Councill haveing considered the above petition given into them by Hugh Cathcairt of Carletoun and the samen being read in their presence The saids Lords Doe heirby Appoynt and ordain the patent in favours of the petitioner to be Knight barronet, to pass the sealls per saltum And for that effect Grants warrand to the director of Her Majesties Chancelarie and his Deputs to wryt out the Samen And to the keeper of the Great Seall and his Deputs to append the Samen therto without passing any other Register or seall

1. NRS, PC2/28, 277r-277v.

1. NRS, PC2/28, 277r-277v.

Sederunt, 18 January 1704, Edinburgh

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Edinburgh the 18th of Janwary 17041

D1704/1/82

Sederunt

Earl of Lauderdale; Earl of Loudoun; Earl of Findlater; Earl of Northesk; Earl of Forfar; Earl of Dunmore; Earl of Glasgow; Viscount Garnock; Viscount Primrose; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Lord Phesdo; Lord Tillicultrie; Mr Fra: Montgomrie; Laird of Collingtoun; Laird of Carnwath; Laird of Prestongraing; Lord Provost of Edinburgh

Edinburgh the 18th of Janwary 17041

D1704/1/82

Sederunt

Earl of Lauderdale; Earl of Loudoun; Earl of Findlater; Earl of Northesk; Earl of Forfar; Earl of Dunmore; Earl of Glasgow; Viscount Garnock; Viscount Primrose; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Lord Phesdo; Lord Tillicultrie; Mr Fra: Montgomrie; Laird of Collingtoun; Laird of Carnwath; Laird of Prestongraing; Lord Provost of Edinburgh

1. NRS, PC2/28, 277r.

2. NRS, PC2/28, 277r.

1. NRS, PC2/28, 277r.

2. NRS, PC2/28, 277r.

Warrant, 18 January 1704, Edinburgh

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Att Edinburgh the Eighteen day of January Jaj vijc and Four years

A1704/1/411

Warrant

Warrand for opening the Manses off the Churches off Aucherhouse Essay and Nevoy

The Lord Advocat Haveing Represented to the Councill That by the Interloquitor off Councill formerly pronunced ordaining Mr Mungo Carnegie sherriff Depute off Forfar, and Mr John Lyon shirriff substitute To Cause make open the doors off the Churches off Aucherthouse and the united Churches off Essay and Nevoy and put new locks theron and Delyver the keys therof to the presbitry There was noe mention off the doors off the Manses Therfor the saids Lords off Her Majesties privy Councill Doe heirby appoint and ordaine Letters off Horning under signet of Councill To be direct hereupon at the Instance off John Blair agent for the Kirk againest the said Mr Mungo Carnegy and Mr John Lyon To Chairge them Instantly To Cause make open the doors off the Manses off Aucherhouse and the doors off the Manses of Essay and Nevoy and put new locks theron and Delyver the keys therof to the presbitry or ther order And that under the penalty off ane Hundered pound scotts By and attour the presbitrys Expenses.

Att Edinburgh the Eighteen day of January Jaj vijc and Four years

A1704/1/411

Warrant

Warrand for opening the Manses off the Churches off Aucherhouse Essay and Nevoy

The Lord Advocat Haveing Represented to the Councill That by the Interloquitor off Councill formerly pronunced ordaining Mr Mungo Carnegie sherriff Depute off Forfar, and Mr John Lyon shirriff substitute To Cause make open the doors off the Churches off Aucherthouse and the united Churches off Essay and Nevoy and put new locks theron and Delyver the keys therof to the presbitry There was noe mention off the doors off the Manses Therfor the saids Lords off Her Majesties privy Councill Doe heirby appoint and ordaine Letters off Horning under signet of Councill To be direct hereupon at the Instance off John Blair agent for the Kirk againest the said Mr Mungo Carnegy and Mr John Lyon To Chairge them Instantly To Cause make open the doors off the Manses off Aucherhouse and the doors off the Manses of Essay and Nevoy and put new locks theron and Delyver the keys therof to the presbitry or ther order And that under the penalty off ane Hundered pound scotts By and attour the presbitrys Expenses.

1. NRS, PC1/53, 133.

1. NRS, PC1/53, 133.

Decreet, 18 January 1704, Edinburgh

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Att Edinburgh the Eighteen day of January Jaj vijc and Four years

A1704/1/401

Decreet

Decreit The agent for the Kirk againest Mr James Hendersone

Anent The Lybell or Letters of Complaint Raised and persewed Befoir the Lords of Her Majesties privie Councill at the instance of John Blair Agent for the Kirk With Concourse of Sir James Steuart Her Majesties Advocat for Her highness intrest in the matter underwrittin Mentioning That where By the Act of parliament 1693, Intituled Act for takeing the oath of alleadgence and subscryveing the same with the assurance subjoyned to the said Act in manner therin set doun With Certification That Ministers provyded to Kirks Exercing without being qualefied as above should be depryved of their Benefices or Stipends and preachers not provyed to Kirks should be punished By Banishment or other wayes As the Lords of Her Majesties privie Councill shall think fit Lykeas By the Act of parliament 1695 Entituled Act annent Intruding into Churches all Intruders ought to be Removed and farder such as doe not pray for us as Queen off this Realme ought to be Depryved Nevertheless It is off verity That Master James Henderson sometyme Minister at Desfoord, and who in November 1689, was Depryved by sentance of Councill by reasone of his disafection to the Government Hath now of late in the moneth off March, Appryll, and ensewing moneths of this year presumed to Intrude himself in ane off the Kirks off the Toun and paroch off Elgine And there to preach and Exerce other pairts of the Ministeriall function Notwithstanding that he stands depryved as said is and hath not at all qualefied himself By swearing the oath off alleadgence to Her Majestie and subscryveing the same with the assurance As Lykewayes That the saids Kirks and paroch off Elgine and duely planted with Two Ministers Regularly and legally admitted And Farder The said Master James prayes not for us as Rightfull Queen of this Realme By which he is guilty airt and pairt off the transgressing off the saids Laws and the Contempt off the Lords off Her Majesties privie Councill sentance and authority and oft manyfast disafection to Her Majesties Government All which being proven He ought to be removed by sentance off Her Majesties privie Councill from the said paroch off Elgine and farder punished by Banishment or otherwayes in his person and Goods As the Lords off Her Majesties privy Councill shall see cause To the example and terror off others to Commit the lyke in tyme Comeing And annent the Chairge given to the said Mr James Henderson Defender To have Compeired befoir the Lords off Her Majesties privie Councill at ane certaine day now by past To have answered to the forsaid Complaint and to have heard and seen such order and Course taken thereanent As the saids Lords off Her Majesties privie Councill shall think fitt under the pain off Rebellion and putting of him to the horn As in the Lyble or Letters off Complaint and Executiones therof at more length is Contained Which Lyble Being upon the day and date off thir presents Called And the persewar Compeiring personally at the barr with Sir James Steuart Her Majesties Advocat And the said Defender being oft tymes Called and not Compeiring though Laufully cited To have Compeired The Lords of Her Majesties privy Councill Grants Certefication againest the said Mr James Henderson defender And ordaines Letters of Denunciation to be Direct to Macers or Messengers at armes To pass to the Mercat cross off […] and other places needfull And there In Her Majesties name and authority duely Laufully and orderly Denunce him Her Majesties Rebells and put him to Her Highness horn Escheat and Inbring all his moveable goods and gear to Her Majesties use for his Contempt and Disobedience.

Att Edinburgh the Eighteen day of January Jaj vijc and Four years

A1704/1/401

Decreet

Decreit The agent for the Kirk againest Mr James Hendersone

Anent The Lybell or Letters of Complaint Raised and persewed Befoir the Lords of Her Majesties privie Councill at the instance of John Blair Agent for the Kirk With Concourse of Sir James Steuart Her Majesties Advocat for Her highness intrest in the matter underwrittin Mentioning That where By the Act of parliament 1693, Intituled Act for takeing the oath of alleadgence and subscryveing the same with the assurance subjoyned to the said Act in manner therin set doun With Certification That Ministers provyded to Kirks Exercing without being qualefied as above should be depryved of their Benefices or Stipends and preachers not provyed to Kirks should be punished By Banishment or other wayes As the Lords of Her Majesties privie Councill shall think fit Lykeas By the Act of parliament 1695 Entituled Act annent Intruding into Churches all Intruders ought to be Removed and farder such as doe not pray for us as Queen off this Realme ought to be Depryved Nevertheless It is off verity That Master James Henderson sometyme Minister at Desfoord, and who in November 1689, was Depryved by sentance of Councill by reasone of his disafection to the Government Hath now of late in the moneth off March, Appryll, and ensewing moneths of this year presumed to Intrude himself in ane off the Kirks off the Toun and paroch off Elgine And there to preach and Exerce other pairts of the Ministeriall function Notwithstanding that he stands depryved as said is and hath not at all qualefied himself By swearing the oath off alleadgence to Her Majestie and subscryveing the same with the assurance As Lykewayes That the saids Kirks and paroch off Elgine and duely planted with Two Ministers Regularly and legally admitted And Farder The said Master James prayes not for us as Rightfull Queen of this Realme By which he is guilty airt and pairt off the transgressing off the saids Laws and the Contempt off the Lords off Her Majesties privie Councill sentance and authority and oft manyfast disafection to Her Majesties Government All which being proven He ought to be removed by sentance off Her Majesties privie Councill from the said paroch off Elgine and farder punished by Banishment or otherwayes in his person and Goods As the Lords off Her Majesties privy Councill shall see cause To the example and terror off others to Commit the lyke in tyme Comeing And annent the Chairge given to the said Mr James Henderson Defender To have Compeired befoir the Lords off Her Majesties privie Councill at ane certaine day now by past To have answered to the forsaid Complaint and to have heard and seen such order and Course taken thereanent As the saids Lords off Her Majesties privie Councill shall think fitt under the pain off Rebellion and putting of him to the horn As in the Lyble or Letters off Complaint and Executiones therof at more length is Contained Which Lyble Being upon the day and date off thir presents Called And the persewar Compeiring personally at the barr with Sir James Steuart Her Majesties Advocat And the said Defender being oft tymes Called and not Compeiring though Laufully cited To have Compeired The Lords of Her Majesties privy Councill Grants Certefication againest the said Mr James Henderson defender And ordaines Letters of Denunciation to be Direct to Macers or Messengers at armes To pass to the Mercat cross off […] and other places needfull And there In Her Majesties name and authority duely Laufully and orderly Denunce him Her Majesties Rebells and put him to Her Highness horn Escheat and Inbring all his moveable goods and gear to Her Majesties use for his Contempt and Disobedience.

1. NRS, PC1/53, 131-3.

1. NRS, PC1/53, 131-3.

Decreet, 18 January 1704, Edinburgh

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Att Edinburgh the Eighteen day of January Jaj vijc and Four years

A1704/1/391

Decreet

Decreit The Agent for the Kirk againest Sir James Strachan

Anent The Lyble or Letters off Complaint Raised and persewed Befoire the Lords of Her Majesties privie Councill at the Instance off John Blair agent For the Kirk With Concourse of Sir James Steuart Her Majesties Advocat for her highness intrest in the matter underwrittin Mentioning That where By the Laws of this and all other weell governed Realms The soveraigne authority is to be obeyed and submitted to and their sentances observed and accquiessced in specially as to the Deprivation off Ministers for their disaffection to the Government as also that by the Act off parliament Jaj vjc and Nynty three years non ought to Exercise the Ministeriall Function or presume to preach within this realme who are not duely qualified by swearing the oath off alleadgence and subscriving the same with the assurance under the paine off Deprivatione and other paines contained in the said Act Lykeas By the 22d Act of parliament 1695 Intrudeing into Churches or paroches without a legall Call and admissione Is most strictly prohibit Nevertheless It is off verity That Sir James Strachan of Thorntoun sometyme Incumbant at the Kirk of Keith, Haveing been by a sentence off Her Majesties privy Councill Depryved off the said Kirk, steipend and benefite and ordained to remove from the said paroch and noe more to Exerce, any pairt off the Ministeriall Function within the same was accordingly removed and as is nottourly knowen Did also Joyn with the Rebells in the late Insurrection in the year Jaj vjc and Eighty Nyne and Jaj vjc and Nynty yet now after his presumed To Return and Intrude himself upon the said paroch of Keith and Exerce the Ministeriall function there tho now the same be regularly planted Lykeas he hath formed and Endevoured to procure a Call for him self to be subscrybed by such as will Comply therwith according to a Draught therof put in the Clerks off Her Majesties privie Councill their hands wherin he Manyfistly reflects upon the present Establishment Conterary to the Laws and Acts off parliament By all which he is guilty airt and pairt off Despysing and Continuing the sentence of Deprivation past againest him by the Lords off Her Majesties privie Councill As also of Contraveening the forsaid Acts of parliament against unqalefied preachers and Intruders Which being proven againest him He ought not only to be removed from the said paroch and dischairged in any sort to molest the same But Lykewayes punished for his said Contempt usurpation and Intrusion As the Lords of Her Majesties privie Councill shall think fit to the Example and terror off others To Committ the lyke in tyme Comeing And annent the Chairge given to the said Sir James Strachen Defender To have Compeired befoir the Lords off Her Majesties privie Councill at ane certain day now by gone To have answered to the forsaid Complaint And to have heard and seen such order and Course taken therannent As the saids Lords off privie Councill shall think fit under the paine off Rebellion and putting off him to the horne As in the Lyble or Letters of Complaint2 and Executiones therof at more length is contained Which Lybell Being upon the day and date of thir presents Called And the persewar Compeiring personally with Sir James Steuart Her Majesties Advocat And the defender being oft tymes Called not Compeiring though Laufully cited The Lords of Her Majesties privy Councill Grants certificatione againest the said Sir James Strachan defender And ordaines Letters of Denounciation To be direct to Macers or Messengers at armes To pass to the mercat cross of […] and other places needfull And there in Her Majesties name and authoritie Duely laufully and orderly Denounce him Her Majesties Rebell and put him to Her Majesties horne Escheat and inbring all his moveable goods and gear to Her Majesties use for his contempt and disobedience.

Att Edinburgh the Eighteen day of January Jaj vijc and Four years

A1704/1/391

Decreet

Decreit The Agent for the Kirk againest Sir James Strachan

Anent The Lyble or Letters off Complaint Raised and persewed Befoire the Lords of Her Majesties privie Councill at the Instance off John Blair agent For the Kirk With Concourse of Sir James Steuart Her Majesties Advocat for her highness intrest in the matter underwrittin Mentioning That where By the Laws of this and all other weell governed Realms The soveraigne authority is to be obeyed and submitted to and their sentances observed and accquiessced in specially as to the Deprivation off Ministers for their disaffection to the Government as also that by the Act off parliament Jaj vjc and Nynty three years non ought to Exercise the Ministeriall Function or presume to preach within this realme who are not duely qualified by swearing the oath off alleadgence and subscriving the same with the assurance under the paine off Deprivatione and other paines contained in the said Act Lykeas By the 22d Act of parliament 1695 Intrudeing into Churches or paroches without a legall Call and admissione Is most strictly prohibit Nevertheless It is off verity That Sir James Strachan of Thorntoun sometyme Incumbant at the Kirk of Keith, Haveing been by a sentence off Her Majesties privy Councill Depryved off the said Kirk, steipend and benefite and ordained to remove from the said paroch and noe more to Exerce, any pairt off the Ministeriall Function within the same was accordingly removed and as is nottourly knowen Did also Joyn with the Rebells in the late Insurrection in the year Jaj vjc and Eighty Nyne and Jaj vjc and Nynty yet now after his presumed To Return and Intrude himself upon the said paroch of Keith and Exerce the Ministeriall function there tho now the same be regularly planted Lykeas he hath formed and Endevoured to procure a Call for him self to be subscrybed by such as will Comply therwith according to a Draught therof put in the Clerks off Her Majesties privie Councill their hands wherin he Manyfistly reflects upon the present Establishment Conterary to the Laws and Acts off parliament By all which he is guilty airt and pairt off Despysing and Continuing the sentence of Deprivation past againest him by the Lords off Her Majesties privie Councill As also of Contraveening the forsaid Acts of parliament against unqalefied preachers and Intruders Which being proven againest him He ought not only to be removed from the said paroch and dischairged in any sort to molest the same But Lykewayes punished for his said Contempt usurpation and Intrusion As the Lords of Her Majesties privie Councill shall think fit to the Example and terror off others To Committ the lyke in tyme Comeing And annent the Chairge given to the said Sir James Strachen Defender To have Compeired befoir the Lords off Her Majesties privie Councill at ane certain day now by gone To have answered to the forsaid Complaint And to have heard and seen such order and Course taken therannent As the saids Lords off privie Councill shall think fit under the paine off Rebellion and putting off him to the horne As in the Lyble or Letters of Complaint2 and Executiones therof at more length is contained Which Lybell Being upon the day and date of thir presents Called And the persewar Compeiring personally with Sir James Steuart Her Majesties Advocat And the defender being oft tymes Called not Compeiring though Laufully cited The Lords of Her Majesties privy Councill Grants certificatione againest the said Sir James Strachan defender And ordaines Letters of Denounciation To be direct to Macers or Messengers at armes To pass to the mercat cross of […] and other places needfull And there in Her Majesties name and authoritie Duely laufully and orderly Denounce him Her Majesties Rebell and put him to Her Majesties horne Escheat and inbring all his moveable goods and gear to Her Majesties use for his contempt and disobedience.

1. NRS, PC1/53, 130-1.

2. Insertion.

1. NRS, PC1/53, 130-1.

2. Insertion.

Act, 18 January 1704, Edinburgh

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Att Edinburgh the Eighteen day of January Jaj vijc and Four years

A1704/1/381

Act

Act Infavours off Murdoch Mclean of Lochbuy

Anent The petition given in and presented to the Lords of Her Majesties privie Councill By Murdoch Mclean of Lochbuy Shewing That where in the year Jaj vjc and nynty five The petitioner being a prentice to a wrytter to the signet was returning with some freinds in Company to his owen Country through the Toun off Kilsyth where wanting some horses To Carrie their baggage They stayed some hours and applied to the Bailiff to order some horses to be furnished to them who gave orders accordingly and their servants looking after horses in the mean tyme to hyre a great number off the Touns people fell upon them and beatt abused and dragged them through the streets Which moved the petitioner to mount his horse and to Challeng the Rable for their barbarous useage of strengers Wherupon one James Forrester or Foster Indweller in the said Toun Mounted one astairhead and gave the petitioner most oprobrious Language Calling him, Rascall, and Villan, Which provocked me to threaten him with my whip But Foster in his rage run violently upon the petitioner and Catcht hold off his sword and breaking the belt gott it from him and immediately drawing it beat the petitioner with his owen naked sword as he did also his servant over boeth our heads and shoulders and not therwith satisfied he reteired some steps with ane apparent designe to thrust the petitioner through Lykeas in effect the thrust Came closs upon the petitioner breast Wherupon he acknowledges that he was soe surpryzed and put to it For his owen saifty That haveing noe other mean off Defence The petitioner drew his pistole and aimed the shot at his arme on purpose to disable him But my aim faileing, the shot wounded him in the body off which wound the said James Foster dyed within a few dayes Thus being the trew state of the matter The petitioner was and is most heartilie sorry for the misfortune and have ever since languished under the greiff of it But ther being noe fore thought Fellony in the caice nor the least designe to kill the poor man with whom the petitioner never was befoir concerned and the thing being done necessarly in his owen deffence altho with the forsaid unluckie event The petitioner humbly conceaved The caice deserves Her Majesties commiseration and pardon which that he may the more easyly obtain He does in all humillity desire that their Lordships would be pleased to order a precognition by some off their owen number off the plain matter off Fact as was practised in the Caice off the slaughter that happened where John Veitch off Dauks sone was concerned And Therfore Creaving their Lordships In consideratione of the premisses To order the forsaid precognition to be taken by some off their owen number And for that end to give warrand or Letters to Cite Relict and nearest of Kinn off the said defunct As also such witnesses as may give a full and clear evidence in all this affair and that betuixt and such aday As their Lordships shall think fit to appoynt To the effect that a poor unfortunat persone Haveing fallen into such ane unthought off accident may not live and die in perpetuall misery But may have the benefite off Her Majesties grace in the ordinary termes of Law for his necessary releiff As the said petition bears Which Lyble Being upon the Tuenty fyfth day off November Jaj vjc and three Read in presence off the saids Lords They therby Nominated and appoynted The Lords Advocat, Justice Clerk, Aberuchill, Rankeillour, Phesdo, and Tillecultrie To be a Committee to take precognition off the matter above represented And Recommends to the said Committee To meet the Threeteen day off January nixt to Come with Continuation and declaires any two a sufficient quorum And grants Letters off Dilligence at the petitioners Instance to Cite the Relict and nearest of Kin off the Deceast James Foster or Forester Indweller in Kilsuth And als to Cite such witnesses As the petitioner shall make use off for clearing the matter Represented in the above petition all to Compear befoir the said Committee the forsaid day with Continuation With power to the saids Lords To take the oaths off the saids witnesses and all other necessary probatione and Examine the witnesses For clearing Off the said matter and to Discuss all objectiones That may be proponed againest the witnesses to be adduced and for that effect assignes the said Threetten day of January nixt to Come Conforme wherunto the Depositiones off seaverall witneses were taken there As the samen Extant in proces bears Thereafter upon the day and date off their presents The Lords off Her Majesties privie Councill Haveing considered the above petition Given into them By Murdoch Mclean younger of Lochbuie Togither with the Remitt off Councill therin and Letters off Dilligence at the petitioners Instance and Executiones therof againest the nearest off Kinn off James Foster or Forrester Indweller in the Toun of Kilsyth Togither with the Depositiones off the witnesses led in the said matter And the samen being read in their presence The saids Lords are of opinion that the petitioner had noe premeditat malice or designe againest the said James Foster or Forrester the Defunct And that the said Defunct did invade the petitioner with his owen sword after the Defunct hade taken the same from him and beat him with it And Therfore Recommends the petitioner to Her Majesties Grace and favour for a Remission.

Att Edinburgh the Eighteen day of January Jaj vijc and Four years

A1704/1/381

Act

Act Infavours off Murdoch Mclean of Lochbuy

Anent The petition given in and presented to the Lords of Her Majesties privie Councill By Murdoch Mclean of Lochbuy Shewing That where in the year Jaj vjc and nynty five The petitioner being a prentice to a wrytter to the signet was returning with some freinds in Company to his owen Country through the Toun off Kilsyth where wanting some horses To Carrie their baggage They stayed some hours and applied to the Bailiff to order some horses to be furnished to them who gave orders accordingly and their servants looking after horses in the mean tyme to hyre a great number off the Touns people fell upon them and beatt abused and dragged them through the streets Which moved the petitioner to mount his horse and to Challeng the Rable for their barbarous useage of strengers Wherupon one James Forrester or Foster Indweller in the said Toun Mounted one astairhead and gave the petitioner most oprobrious Language Calling him, Rascall, and Villan, Which provocked me to threaten him with my whip But Foster in his rage run violently upon the petitioner and Catcht hold off his sword and breaking the belt gott it from him and immediately drawing it beat the petitioner with his owen naked sword as he did also his servant over boeth our heads and shoulders and not therwith satisfied he reteired some steps with ane apparent designe to thrust the petitioner through Lykeas in effect the thrust Came closs upon the petitioner breast Wherupon he acknowledges that he was soe surpryzed and put to it For his owen saifty That haveing noe other mean off Defence The petitioner drew his pistole and aimed the shot at his arme on purpose to disable him But my aim faileing, the shot wounded him in the body off which wound the said James Foster dyed within a few dayes Thus being the trew state of the matter The petitioner was and is most heartilie sorry for the misfortune and have ever since languished under the greiff of it But ther being noe fore thought Fellony in the caice nor the least designe to kill the poor man with whom the petitioner never was befoir concerned and the thing being done necessarly in his owen deffence altho with the forsaid unluckie event The petitioner humbly conceaved The caice deserves Her Majesties commiseration and pardon which that he may the more easyly obtain He does in all humillity desire that their Lordships would be pleased to order a precognition by some off their owen number off the plain matter off Fact as was practised in the Caice off the slaughter that happened where John Veitch off Dauks sone was concerned And Therfore Creaving their Lordships In consideratione of the premisses To order the forsaid precognition to be taken by some off their owen number And for that end to give warrand or Letters to Cite Relict and nearest of Kinn off the said defunct As also such witnesses as may give a full and clear evidence in all this affair and that betuixt and such aday As their Lordships shall think fit to appoynt To the effect that a poor unfortunat persone Haveing fallen into such ane unthought off accident may not live and die in perpetuall misery But may have the benefite off Her Majesties grace in the ordinary termes of Law for his necessary releiff As the said petition bears Which Lyble Being upon the Tuenty fyfth day off November Jaj vjc and three Read in presence off the saids Lords They therby Nominated and appoynted The Lords Advocat, Justice Clerk, Aberuchill, Rankeillour, Phesdo, and Tillecultrie To be a Committee to take precognition off the matter above represented And Recommends to the said Committee To meet the Threeteen day off January nixt to Come with Continuation and declaires any two a sufficient quorum And grants Letters off Dilligence at the petitioners Instance to Cite the Relict and nearest of Kin off the Deceast James Foster or Forester Indweller in Kilsuth And als to Cite such witnesses As the petitioner shall make use off for clearing the matter Represented in the above petition all to Compear befoir the said Committee the forsaid day with Continuation With power to the saids Lords To take the oaths off the saids witnesses and all other necessary probatione and Examine the witnesses For clearing Off the said matter and to Discuss all objectiones That may be proponed againest the witnesses to be adduced and for that effect assignes the said Threetten day of January nixt to Come Conforme wherunto the Depositiones off seaverall witneses were taken there As the samen Extant in proces bears Thereafter upon the day and date off their presents The Lords off Her Majesties privie Councill Haveing considered the above petition Given into them By Murdoch Mclean younger of Lochbuie Togither with the Remitt off Councill therin and Letters off Dilligence at the petitioners Instance and Executiones therof againest the nearest off Kinn off James Foster or Forrester Indweller in the Toun of Kilsyth Togither with the Depositiones off the witnesses led in the said matter And the samen being read in their presence The saids Lords are of opinion that the petitioner had noe premeditat malice or designe againest the said James Foster or Forrester the Defunct And that the said Defunct did invade the petitioner with his owen sword after the Defunct hade taken the same from him and beat him with it And Therfore Recommends the petitioner to Her Majesties Grace and favour for a Remission.

1. NRS, PC1/53, 128-30.

1. NRS, PC1/53, 128-30.

Procedure, 18 January 1704, Edinburgh

Posted on by

Att Edinburgh the Eighteen day of January Jaj vijc and Four years

A1704/1/371

Procedure

Report off the Committee anent Highland Clanns etc

Committie for makeing up the Lists of the Chiftains and Land Lords off Highland Clanns and adjusting the dyets off Compeirance To be filled up in the Letters to be raised againest them And to which they are to be citted To Compeir befoir the Councill and find sufficient Inland Caution to the effect to be Contained in the principall Letters Sederunt Lords Advocat, Justice Clerk, and Aberuchill, The Lord Advocat Elected preces The above Committee off Councill haveing conforme to ane Remitt of Councill to them for that effect meet They are of opinion That the persones aftermentioned viz The Lord Deummond, The Lady Strouan Robertson, and the intromittor with the Rents, The Laird off Appin, McDonald off Glencoe, The Laird off Ardgour, The Laird of Lochbuy, Camron off Calort, Camron off Glenevesh, McClean of Cole, The Lairds off Lochyell Elder and younger, The Ducke of Gordon, The Laird Keppoch, McDonald off Shyan and McDonald off Kitrie, should be cited To Compeir befoir the Lords of Councill The Tuenty fourth day off February nixt to come to the effect above mentioned 2 The Lords of Her Majesties privie Councill Haveing Considered The within Report of the Committee appoynted To make up the Lists off the Chiftanns, and Land Lords of the Highland Clanns, and adjusting the dyet off Compeirance to be filled up in the Letters to be raised againest them and to which they are to be Cited To Compear befoir the Councill and find sufficient Inland Caution to the effect to be Contained in the saids Letters And the samen being read in their presence The saids Lords Have Approven and heirby Approve therof And Ordaines the persones above wrytten to be Contained and filled up in the Lyble to be raised againest them To be Cited To Compeir befoir the saids Lords upon the Tuenty fourth day off February nixt to Come.

Att Edinburgh the Eighteen day of January Jaj vijc and Four years

A1704/1/371

Procedure

Report off the Committee anent Highland Clanns etc

Committie for makeing up the Lists of the Chiftains and Land Lords off Highland Clanns and adjusting the dyets off Compeirance To be filled up in the Letters to be raised againest them And to which they are to be citted To Compeir befoir the Councill and find sufficient Inland Caution to the effect to be Contained in the principall Letters Sederunt Lords Advocat, Justice Clerk, and Aberuchill, The Lord Advocat Elected preces The above Committee off Councill haveing conforme to ane Remitt of Councill to them for that effect meet They are of opinion That the persones aftermentioned viz The Lord Deummond, The Lady Strouan Robertson, and the intromittor with the Rents, The Laird off Appin, McDonald off Glencoe, The Laird off Ardgour, The Laird of Lochbuy, Camron off Calort, Camron off Glenevesh, McClean of Cole, The Lairds off Lochyell Elder and younger, The Ducke of Gordon, The Laird Keppoch, McDonald off Shyan and McDonald off Kitrie, should be cited To Compeir befoir the Lords of Councill The Tuenty fourth day off February nixt to come to the effect above mentioned 2 The Lords of Her Majesties privie Councill Haveing Considered The within Report of the Committee appoynted To make up the Lists off the Chiftanns, and Land Lords of the Highland Clanns, and adjusting the dyet off Compeirance to be filled up in the Letters to be raised againest them and to which they are to be Cited To Compear befoir the Councill and find sufficient Inland Caution to the effect to be Contained in the saids Letters And the samen being read in their presence The saids Lords Have Approven and heirby Approve therof And Ordaines the persones above wrytten to be Contained and filled up in the Lyble to be raised againest them To be Cited To Compeir befoir the saids Lords upon the Tuenty fourth day off February nixt to Come.

1. NRS, PC1/53, 127-8.

2. Insertion: ‘sic subscribitur James Steuart’.

1. NRS, PC1/53, 127-8.

2. Insertion: ‘sic subscribitur James Steuart’.

Procedure, 18 January 1704, Edinburgh

Posted on by

Att Edinburgh the Eighteen day of January Jaj vijc and Four years

A1704/1/361

Procedure

[Glasgow elected Preses]

In absence off the Lord High Chancellour and Lord president off privie Councill The Earle of Glasgow Elected preces

Att Edinburgh the Eighteen day of January Jaj vijc and Four years

A1704/1/361

Procedure

[Glasgow elected Preses]

In absence off the Lord High Chancellour and Lord president off privie Councill The Earle of Glasgow Elected preces

1. NRS, PC1/53, 127.

1. NRS, PC1/53, 127.

Sederunt, 18 January 1704, Edinburgh

Posted on by

Att Edinburgh the Eighteen day of January Jaj vijc and Four years1

A1704/1/352

Sederunt

Earl of Lauderdale; Earl of Loudoun; Earl of Finlater; Earl of Northesk; Earl of Forfar; Earl of Dunmore; Earl of Glasgow; Viscount Garnock; Viscount Primrose; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Enstruther; Lord Rankeillour; Lord Phesdo; Lord Tillecultrie; Mr Francis Montgomry; Laird of Collingtoune; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh

Att Edinburgh the Eighteen day of January Jaj vijc and Four years1

A1704/1/352

Sederunt

Earl of Lauderdale; Earl of Loudoun; Earl of Finlater; Earl of Northesk; Earl of Forfar; Earl of Dunmore; Earl of Glasgow; Viscount Garnock; Viscount Primrose; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Enstruther; Lord Rankeillour; Lord Phesdo; Lord Tillecultrie; Mr Francis Montgomry; Laird of Collingtoune; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh

1. NRS, PC1/53, 127.

2. NRS, PC1/53, 127.

1. NRS, PC1/53, 127.

2. NRS, PC1/53, 127.