Tag Archives: 21 November 1693

Procedure, 21 November 1693, Edinburgh

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Procedure

Protestatione The Lord Justice Clerk Against The Clerk to the Justice Court.

The Which day The Lords of their majesties privy Councill haveing granted Some Commissiones of Justiciary for trying some persones alledged guilty of murder in the Countrey The Lord Justice Clerk protested against that clause insert in these Commissiones Wherby Mr James Montgomrie Clerk to the Justice Court is authorized to nominat and Commissionat a depute under him to be Clerk to the saids Commissions the same being ane incroachment upon the office of the Lord Justice Clerk In respect the said Mr James is but depute to the Lord Justice Clerk, And so cannot grant any deputatione himself without the Lord Justice Clerks express authority and that by all former Commissiones, The Lord Justice Clerk was in use to nominat Clerks to Commissiones of Justiciary And Therfore protested that any such clause aither in Commissiones allready granted or or2 which heirafter shall be granted may nowayes derogate or prejudge the office of Lord Justice Clerk or any priviledges belonging therto Which protestatione the saids Lords of privy Councill has Admitted and heirby Admitts.

Edinburgh the Twentie one day of November Jaj vjc nyntie thrie years

D1693/11/181

Procedure

Protestatione The Lord Justice Clerk Against The Clerk to the Justice Court.

The Which day The Lords of their majesties privy Councill haveing granted Some Commissiones of Justiciary for trying some persones alledged guilty of murder in the Countrey The Lord Justice Clerk protested against that clause insert in these Commissiones Wherby Mr James Montgomrie Clerk to the Justice Court is authorized to nominat and Commissionat a depute under him to be Clerk to the saids Commissions the same being ane incroachment upon the office of the Lord Justice Clerk In respect the said Mr James is but depute to the Lord Justice Clerk, And so cannot grant any deputatione himself without the Lord Justice Clerks express authority and that by all former Commissiones, The Lord Justice Clerk was in use to nominat Clerks to Commissiones of Justiciary And Therfore protested that any such clause aither in Commissiones allready granted or or2 which heirafter shall be granted may nowayes derogate or prejudge the office of Lord Justice Clerk or any priviledges belonging therto Which protestatione the saids Lords of privy Councill has Admitted and heirby Admitts.

1. NRS, PC2/24, 273r-273v.

2. Sic.

1. NRS, PC2/24, 273r-273v.

2. Sic.

Act, 21 November 1693, Edinburgh

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Act

Act Mr John Sandilands

Anent a Petition given in to the Lords of their Majesties privy Councill be Mr John Sandilands minister at Dolphingstoune Shewing That quher upon the Unanimous call of the heritors and elders of the parishin of Dolphingtoune the petitioner has preached at the said kirk since mertimiss Jaj vjc nyntie one years And Continued their preaching and serveing the cure ther untill the Eleventh day of January last Att which time the petitioner was ordained and legally seatted minister in the said parish as ane testificat under the hands of the moderator and Clerk of the presbytrie of Biggar heirwith produced will testifie Lykeas the marques of Douglas patron of the said kirk of Dolphintoune by his declaratione and Consent of the fourth of August last allowed the petitioner the half years stipend then bygone from mertimes Jaj vjc nyntie one to whitsunday Jaj vjc nyntie two and if it should hapen though the petitioner should not be ordained betwixt that time and Micheallmiss then nixt therafter (the petitioner still serveing the cure in that parish upon the said Call and Concurrance of the said presbytrie) his Lordship did allow the petitioner the other half years stipend being the last half of Jaj vjc nyntie two as the said Declaratione and Consent of the date forsaid subscribed by him and subscryved and Consented to by the rest of the heritors quhich the said parorchin heir alsoe present to show bears And Therfore humbly Craveing the Saids Lords seing he hade served the cure since the said year Jaj vjc nyntie one, not only to allow the petitioner the stipend of the said kirk for the said cropt and year Jaj vjc nyntie two And Declare the petitioner to have right therto Conforme to the said patrone and heritors their Consent, And ordaine the petitioner to be readily answered obeyed and payed therof be the heritors fewars wodsetters and others Lyable in payment of the same And Ordaine letters of horning at his instance for that effect and against the late incumbents for delivering up the uttincells of the Church and bonds for the poors money and the poors box as the petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Mr John Sandilands with the testificat of the presbytrie of Biggar and Consent of the Marques of of2 Douglas Subscryved also by some of the heritors of the parish both mentioned in and produced with the petition They heirby allow to the petitioner the stipend of the above kirk of Dolphingtoune for the haill cropt and year of god Jaj vjc nyntie two and in time comeing dureing his service at the said kirk, And ordaines him to be readily answered obeyed and payed therof be the heritors fewers wodsetters and others Lyable in payment of the same And ordaines letters of horning under the signet of Councill against them for that effect; He produceing a decreet of Locality and in case ther be non ordaines these Lyable to make payment to the petitioner of their respective proportiones of the saids years stipend according as they shall be Decerned by the Judge ordinary In Respect the petitioner has before extracting heirof Sworne and signed the oath of alledgance and signed the assurance prescryved be act of parliament to their majesties King William and Queen Mary And that in presence of3 his majesties advocat

Edinburgh the Twentie one day of November Jaj vjc nyntie thrie years

D1693/11/171

Act

Act Mr John Sandilands

Anent a Petition given in to the Lords of their Majesties privy Councill be Mr John Sandilands minister at Dolphingstoune Shewing That quher upon the Unanimous call of the heritors and elders of the parishin of Dolphingtoune the petitioner has preached at the said kirk since mertimiss Jaj vjc nyntie one years And Continued their preaching and serveing the cure ther untill the Eleventh day of January last Att which time the petitioner was ordained and legally seatted minister in the said parish as ane testificat under the hands of the moderator and Clerk of the presbytrie of Biggar heirwith produced will testifie Lykeas the marques of Douglas patron of the said kirk of Dolphintoune by his declaratione and Consent of the fourth of August last allowed the petitioner the half years stipend then bygone from mertimes Jaj vjc nyntie one to whitsunday Jaj vjc nyntie two and if it should hapen though the petitioner should not be ordained betwixt that time and Micheallmiss then nixt therafter (the petitioner still serveing the cure in that parish upon the said Call and Concurrance of the said presbytrie) his Lordship did allow the petitioner the other half years stipend being the last half of Jaj vjc nyntie two as the said Declaratione and Consent of the date forsaid subscribed by him and subscryved and Consented to by the rest of the heritors quhich the said parorchin heir alsoe present to show bears And Therfore humbly Craveing the Saids Lords seing he hade served the cure since the said year Jaj vjc nyntie one, not only to allow the petitioner the stipend of the said kirk for the said cropt and year Jaj vjc nyntie two And Declare the petitioner to have right therto Conforme to the said patrone and heritors their Consent, And ordaine the petitioner to be readily answered obeyed and payed therof be the heritors fewars wodsetters and others Lyable in payment of the same And Ordaine letters of horning at his instance for that effect and against the late incumbents for delivering up the uttincells of the Church and bonds for the poors money and the poors box as the petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Mr John Sandilands with the testificat of the presbytrie of Biggar and Consent of the Marques of of2 Douglas Subscryved also by some of the heritors of the parish both mentioned in and produced with the petition They heirby allow to the petitioner the stipend of the above kirk of Dolphingtoune for the haill cropt and year of god Jaj vjc nyntie two and in time comeing dureing his service at the said kirk, And ordaines him to be readily answered obeyed and payed therof be the heritors fewers wodsetters and others Lyable in payment of the same And ordaines letters of horning under the signet of Councill against them for that effect; He produceing a decreet of Locality and in case ther be non ordaines these Lyable to make payment to the petitioner of their respective proportiones of the saids years stipend according as they shall be Decerned by the Judge ordinary In Respect the petitioner has before extracting heirof Sworne and signed the oath of alledgance and signed the assurance prescryved be act of parliament to their majesties King William and Queen Mary And that in presence of3 his majesties advocat

1. NRS, PC2/24, 272r-273r.

2. Sic.

3. The words ‘any of the’ scored out here.

1. NRS, PC2/24, 272r-273r.

2. Sic.

3. The words ‘any of the’ scored out here.

Order, 21 November 1693, Edinburgh

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Order

Asassors added to the Lord Advocat and Solicitor In Daniall Nicolsones proces.

The Lords of their Majesties privy Councill at the desyre of Sir James Stewart their Majesties advocat Doe heirby Joyne to his Lordship and Sir James Ogilvie their majesties solicitor the Lawers following viz. Sir Gilbert Eliot Mr William Calderwood and Mr Robert Stewart Junior and Ordaine them to concurr with and be assisting to the saids Lords Advocat and solicitor in all the steps of the Criminall proces appointed by the Councill to be pursued before the Lords Commissioners of Justiciarij against Doctor John Eliot Daniall Nicolsone writter in Edinburgh and Marion Maxwell relict of umquhill David Pringle appothecary burges of Edinburgh either by Consulting pleading or otherwayes as Lawiers or advocats.

Edinburgh the Twentie one day of November Jaj vjc nyntie thrie years

D1693/11/161

Order

Asassors added to the Lord Advocat and Solicitor In Daniall Nicolsones proces.

The Lords of their Majesties privy Councill at the desyre of Sir James Stewart their Majesties advocat Doe heirby Joyne to his Lordship and Sir James Ogilvie their majesties solicitor the Lawers following viz. Sir Gilbert Eliot Mr William Calderwood and Mr Robert Stewart Junior and Ordaine them to concurr with and be assisting to the saids Lords Advocat and solicitor in all the steps of the Criminall proces appointed by the Councill to be pursued before the Lords Commissioners of Justiciarij against Doctor John Eliot Daniall Nicolsone writter in Edinburgh and Marion Maxwell relict of umquhill David Pringle appothecary burges of Edinburgh either by Consulting pleading or otherwayes as Lawiers or advocats.

1. NRS, PC2/24, 272r.

1. NRS, PC2/24, 272r.

Procedure: committee formed, 21 November 1693, Edinburgh

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Procedure: committee formed

Comittie Susanna Weir Against Johnstone

The Lybell at the instance of Sussana Weir against Anna Johnstone and James Murray her husband being this day called in presence of the Lords of their Majesties privy Councill And the pursuar Compeiring personally with Sir James Stewart their Majesties advocat Mr Robert Stewart senior and Mr James Stewart Junior her advocats And the said Anna Johnstone being absent and James Murray her husband Compeiring personally with Sir James Ogilvie and Mr Hew Dalrymple their advocats The saids Lords of privy Councill haveing Considered the Lybell and haveing at length heard both parties advocates in this matter They Find the Lybell relevant and admitts the rentall of the Lands and mylnes Called Drymylnes and burdens quherwith the same is affected to the pursuers probatione and ordaines them to adduce witnesses for proveing therof And Recomends to the Lord Justice Clerk and Lord Hatton to examine the saids witnesses And Reserves all objectiones which may be made against them to be proponed and discust before the above Committie And ordaines the pursuer yet to cite and adduce her witnesses against the morrow at thrie in the afternoon.

Edinburgh the Twentie one day of November Jaj vjc nyntie thrie years

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Procedure: committee formed

Comittie Susanna Weir Against Johnstone

The Lybell at the instance of Sussana Weir against Anna Johnstone and James Murray her husband being this day called in presence of the Lords of their Majesties privy Councill And the pursuar Compeiring personally with Sir James Stewart their Majesties advocat Mr Robert Stewart senior and Mr James Stewart Junior her advocats And the said Anna Johnstone being absent and James Murray her husband Compeiring personally with Sir James Ogilvie and Mr Hew Dalrymple their advocats The saids Lords of privy Councill haveing Considered the Lybell and haveing at length heard both parties advocates in this matter They Find the Lybell relevant and admitts the rentall of the Lands and mylnes Called Drymylnes and burdens quherwith the same is affected to the pursuers probatione and ordaines them to adduce witnesses for proveing therof And Recomends to the Lord Justice Clerk and Lord Hatton to examine the saids witnesses And Reserves all objectiones which may be made against them to be proponed and discust before the above Committie And ordaines the pursuer yet to cite and adduce her witnesses against the morrow at thrie in the afternoon.

1. NRS, PC2/24, 271v-272r.

1. NRS, PC2/24, 271v-272r.

Procedure: committee formed, 21 November 1693, Edinburgh

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Procedure: committee formed

Committie anent Sinclar Against Douglas

The Lybell at the instance of Mr John Sinclar of Balgregie against […] Douglas of Kinglassie and others and the Lybell of reconventione the said […] Douglas against the said Laird2 of Balgregie and others Being both this day called in presence of the Lords of their majesties privy Councill and the pursuars of the principall Lybell Compeiring personally with Mr Hew Dalrymple and Mr James Stewart Junior advocats his procurators and the defenders in the principall Lybell Compeiring also personally with […] their advocats The principall Lybell and answers therto being read and both parties fully heard The defenders and advocats reported the Lybell of reconventione without troubling the Councill to hear the Some read, And the saids Lords of ther Majesties privy Councill haveing Considered the principall Lybell and answers and haveing heard both parties advocats fully upon both Lybells and the witnesses cited upon both Lybells haveing all Compeired personally and made faith at the barr The persuers advocats Declared they past from John Hollyday younger of Tilliboill Mr William Abernethie and Androw Wilsone who are cited for defendars and that they would make use of them as witnesses which the Councill allowes And they being also present and haveing made faith at the barr The saids Lords Ordaines the witnesses on both Lybells to be examined and nominats and appoints the Lords Viscount of Tarbet and Lord Enstruther and Sir Robert Sinclar of Stivensone to be a Comittie for examineing of them and Reserves all objectiones which may be made against the witnesses to be proponed and discust before the said Comittie And declairs any two of the Comittie to be a quorum.

Edinburgh the Twentie one day of November Jaj vjc nyntie thrie years

D1693/11/141

Procedure: committee formed

Committie anent Sinclar Against Douglas

The Lybell at the instance of Mr John Sinclar of Balgregie against […] Douglas of Kinglassie and others and the Lybell of reconventione the said […] Douglas against the said Laird2 of Balgregie and others Being both this day called in presence of the Lords of their majesties privy Councill and the pursuars of the principall Lybell Compeiring personally with Mr Hew Dalrymple and Mr James Stewart Junior advocats his procurators and the defenders in the principall Lybell Compeiring also personally with […] their advocats The principall Lybell and answers therto being read and both parties fully heard The defenders and advocats reported the Lybell of reconventione without troubling the Councill to hear the Some read, And the saids Lords of ther Majesties privy Councill haveing Considered the principall Lybell and answers and haveing heard both parties advocats fully upon both Lybells and the witnesses cited upon both Lybells haveing all Compeired personally and made faith at the barr The persuers advocats Declared they past from John Hollyday younger of Tilliboill Mr William Abernethie and Androw Wilsone who are cited for defendars and that they would make use of them as witnesses which the Councill allowes And they being also present and haveing made faith at the barr The saids Lords Ordaines the witnesses on both Lybells to be examined and nominats and appoints the Lords Viscount of Tarbet and Lord Enstruther and Sir Robert Sinclar of Stivensone to be a Comittie for examineing of them and Reserves all objectiones which may be made against the witnesses to be proponed and discust before the said Comittie And declairs any two of the Comittie to be a quorum.

1. NRS, PC2/24, 271r-271v.

2. The words ‘Kinglassie and others’ scored out here.

1. NRS, PC2/24, 271r-271v.

2. The words ‘Kinglassie and others’ scored out here.

Warrant, 21 November 1693, Edinburgh

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D1693/11/131

Warrant

Warrand for Life and Limb To Robert Wishart and his Spouse

The Lords of their Majesties privy Councill authorizes their Majesties advocat to give assurance of life and Limbe to Robert Wishart writter in Edinburgh and late under officer of the abbay and […] Straitton his spouse witnesses to be adduced against Doctor Eliot Daniall Nicolsone writter in Edinburgh and Marion Maxwell relict of umquhill David Pringle appothecary burges of Edinburgh, For any accession they have hade to the crymes wherwith these prisoners are charged to the effect they may appear and may be made use of as witnesses against the persones abovementioned sic subscribitur Tweeddale cancell J: p: d2 Southerland Linlithgow, Anandale Forfar, Stair, Tarbatt Raith James Stewart

Edinburgh the Twentie one day of November Jaj vjc nyntie thrie years

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Warrant

Warrand for Life and Limb To Robert Wishart and his Spouse

The Lords of their Majesties privy Councill authorizes their Majesties advocat to give assurance of life and Limbe to Robert Wishart writter in Edinburgh and late under officer of the abbay and […] Straitton his spouse witnesses to be adduced against Doctor Eliot Daniall Nicolsone writter in Edinburgh and Marion Maxwell relict of umquhill David Pringle appothecary burges of Edinburgh, For any accession they have hade to the crymes wherwith these prisoners are charged to the effect they may appear and may be made use of as witnesses against the persones abovementioned sic subscribitur Tweeddale cancell J: p: d2 Southerland Linlithgow, Anandale Forfar, Stair, Tarbatt Raith James Stewart

1. NRS, PC2/24, 271r.

2. The initials ‘J:p:d’ are an insertion.

1. NRS, PC2/24, 271r.

2. The initials ‘J:p:d’ are an insertion.

Sederunt, 21 November 1693, Edinburgh

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Edinburgh the Twentie one day of November Jaj vjc nyntie thrie years1

D1693/11/122

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Annandale; Earl of Forfar; Viscount Tarbat; Viscount Stair; Lord Strathnaver; Lord Raith; Lord Beilhaven; Master of Forbes; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Stivensone

Edinburgh the Twentie one day of November Jaj vjc nyntie thrie years1

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Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Annandale; Earl of Forfar; Viscount Tarbat; Viscount Stair; Lord Strathnaver; Lord Raith; Lord Beilhaven; Master of Forbes; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Stivensone

1. NRS, PC2/24, 271r.

2. NRS, PC2/24, 271r.

1. NRS, PC2/24, 271r.

2. NRS, PC2/24, 271r.

Procedure: committee formed, 21 November 1693, Edinburgh

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Procedure: committee formed

Committie for Mr David Dunmuirs taking the oath of alleadgance and assurance

Anent the petitione Given in to the Lords of their Majesties privie Councell Be Mr David Dunmuir Advocat Sheuing That their Lordships petitioner Having failled to Compear before the Lords of Councell and Session who were ordained to administrat the oath of alleadgance and assurance To Advocats at the precise tyme prefixed be the Act of parliament which was occasioned by the petitioners Having the Gout in his foot five or six months from Edinburgh in the Country as he was not able to putt on aither boot or shoe to Give obedience to the Act of parliament at that tyme And the petitioner Having wryten a Letter of excuse to the Lords of sessione to that effect which was redd and Recorded by the Clark And seing the petitioners absence was not Contumacious nor uillfull And therfore Humbly Craving their Lordshipps to Admitt the petitioner to the priviledge of ane Advocat And to administrat the oath of alleadgance and Act of assurance Conforme to the Act of parliament or Remitt the samen to the Lords of session for that effect as the said petitione Bears The saids Lords of their Majesties privy Councell Having Considered this petitione given In to them Be the above Mr David Dunmuir uith the Report lying in the Clark of Councells hands made by the Lords of sessione of such as took the oath of alleadgance and assurance before them quhich Bears expressly that a Letter was tymeously produced from the petitioner Sheuing his willingnes to Come In but Giving ane account of his Indispositione By reasone of his being tormented uith the Gout which as the Report bears was appoynted to lye in the Clerks hands They Heirby allow the said petitioner yet to suear and signe the said oath of alleadgance and signe the assurance In presence of the Earle of Forfar and the Lord Beilhaven tuo of their oune Number and any one of their Clarks And upon his suearing and signing as said is The saids Lords of privy Councell Doe Heirby admitt the petitioner to his former station of ane Advocat and all the priviledges therof to be Enjoyed and bruicked be him alse fully and freelie as he had done the same In manner and uithin the tyme prescribed by the Act of parliament

Att Edinburgh The Tuentie first day of november Jaj vic nyntie thrie years

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Procedure: committee formed

Committie for Mr David Dunmuirs taking the oath of alleadgance and assurance

Anent the petitione Given in to the Lords of their Majesties privie Councell Be Mr David Dunmuir Advocat Sheuing That their Lordships petitioner Having failled to Compear before the Lords of Councell and Session who were ordained to administrat the oath of alleadgance and assurance To Advocats at the precise tyme prefixed be the Act of parliament which was occasioned by the petitioners Having the Gout in his foot five or six months from Edinburgh in the Country as he was not able to putt on aither boot or shoe to Give obedience to the Act of parliament at that tyme And the petitioner Having wryten a Letter of excuse to the Lords of sessione to that effect which was redd and Recorded by the Clark And seing the petitioners absence was not Contumacious nor uillfull And therfore Humbly Craving their Lordshipps to Admitt the petitioner to the priviledge of ane Advocat And to administrat the oath of alleadgance and Act of assurance Conforme to the Act of parliament or Remitt the samen to the Lords of session for that effect as the said petitione Bears The saids Lords of their Majesties privy Councell Having Considered this petitione given In to them Be the above Mr David Dunmuir uith the Report lying in the Clark of Councells hands made by the Lords of sessione of such as took the oath of alleadgance and assurance before them quhich Bears expressly that a Letter was tymeously produced from the petitioner Sheuing his willingnes to Come In but Giving ane account of his Indispositione By reasone of his being tormented uith the Gout which as the Report bears was appoynted to lye in the Clerks hands They Heirby allow the said petitioner yet to suear and signe the said oath of alleadgance and signe the assurance In presence of the Earle of Forfar and the Lord Beilhaven tuo of their oune Number and any one of their Clarks And upon his suearing and signing as said is The saids Lords of privy Councell Doe Heirby admitt the petitioner to his former station of ane Advocat and all the priviledges therof to be Enjoyed and bruicked be him alse fully and freelie as he had done the same In manner and uithin the tyme prescribed by the Act of parliament

1. NRS, PC1/49, 179-80.

1. NRS, PC1/49, 179-80.

Act, 21 November 1693, Edinburgh

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Act

Protectione Bannatyne of Kaims

Anent the petitione Given In to the Lords of their Majesties privie Councell Be Hector Bannatyne of Kaims Sheuing That wher ther is a most Groundless pursuite raised at the Instance of Thomas Craufurd of Carssburne Against the petitioner for ane alleadged ryott pretending that the said petitioner hounded out severall persones to deforce the messengers whom Carssburne had Imployed to poynd the saids petitioners goods which is of it self most calumnious as the Complaint is Groundless soe it is most malicious in Carssburne who is a neighbour to take assignatione to any debt dew be the said petitioner off purpose to distress him And altho the petitioner hes attended all this while upon the dyetts of the said process And that Carssburne hes adduced severall uitnesses therin And He finding that ther is nothing proven Against the said petitioner He hes sent to Bute for other tuo uitnesses so that the petitioner is obliedged to attend to the event of the said process And seing the protectione formerly alloued be their Lordships to the petitioner is expyred And that he Cannot Safely attend their Lordships or the dyetts of the said process or returne safely home by reasone of severall personall dilligences by Captiones Against him for civill debts uithout their Lordships be pleased to renue his protectione And therfore Humbly Craving their Lordships wowld be pleased to Consider the petitioners case and Circumstances And Renue his protectione for such Competent tyme as their Lordships shall think fitt To the effect the petitioner may attend the discussing of the said process and may Returne safely Home as the said petitione Bears The saids Lords of their Majesties privy Councell Having Considered this petitione Given in to them Be the above Hector Bannatyne They doe Heirby Grant personall protectione to the petitioner untill the Eleventh day of december nixt Inclusive that He may attend the discussing of the process depending before the saids Lords att the Instance off Thomas Craufurd of Carssburne Against him and discharges all Judges magistrats messengers att armes or officers uithin burgh or Landuard to putt any Letters of Captione Acts of warding or other personall dilligence to executione Against the said petitioner untill the forsaid day Excepting alwayes their Majesties rents and publict dues sic subscribitur Tueeddall cancel: Southerland Linlithgow Tarbat Strathnaver Raith Beilhaven Will: Master of Forbess James Steuart

Att Edinburgh The Tuentie first day of november Jaj vic nyntie thrie years

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Act

Protectione Bannatyne of Kaims

Anent the petitione Given In to the Lords of their Majesties privie Councell Be Hector Bannatyne of Kaims Sheuing That wher ther is a most Groundless pursuite raised at the Instance of Thomas Craufurd of Carssburne Against the petitioner for ane alleadged ryott pretending that the said petitioner hounded out severall persones to deforce the messengers whom Carssburne had Imployed to poynd the saids petitioners goods which is of it self most calumnious as the Complaint is Groundless soe it is most malicious in Carssburne who is a neighbour to take assignatione to any debt dew be the said petitioner off purpose to distress him And altho the petitioner hes attended all this while upon the dyetts of the said process And that Carssburne hes adduced severall uitnesses therin And He finding that ther is nothing proven Against the said petitioner He hes sent to Bute for other tuo uitnesses so that the petitioner is obliedged to attend to the event of the said process And seing the protectione formerly alloued be their Lordships to the petitioner is expyred And that he Cannot Safely attend their Lordships or the dyetts of the said process or returne safely home by reasone of severall personall dilligences by Captiones Against him for civill debts uithout their Lordships be pleased to renue his protectione And therfore Humbly Craving their Lordships wowld be pleased to Consider the petitioners case and Circumstances And Renue his protectione for such Competent tyme as their Lordships shall think fitt To the effect the petitioner may attend the discussing of the said process and may Returne safely Home as the said petitione Bears The saids Lords of their Majesties privy Councell Having Considered this petitione Given in to them Be the above Hector Bannatyne They doe Heirby Grant personall protectione to the petitioner untill the Eleventh day of december nixt Inclusive that He may attend the discussing of the process depending before the saids Lords att the Instance off Thomas Craufurd of Carssburne Against him and discharges all Judges magistrats messengers att armes or officers uithin burgh or Landuard to putt any Letters of Captione Acts of warding or other personall dilligence to executione Against the said petitioner untill the forsaid day Excepting alwayes their Majesties rents and publict dues sic subscribitur Tueeddall cancel: Southerland Linlithgow Tarbat Strathnaver Raith Beilhaven Will: Master of Forbess James Steuart

1. NRS, PC1/49, 178-9.

1. NRS, PC1/49, 178-9.

Commission by the Council, 21 November 1693, Edinburgh

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Commission by the Council

Commission of Justiciary For trying Elizabeth Dasone

The Lords of their Majesties privy Councell Being Informed That Elizabeth Dassone is presently prisoner in the tolbooth of Aberdein as alleadged guilty of murdering her oune Chyld And Considering It uill be a Great deall of charges and expensses to bring the said Elizabeth Dassone to this place In ordor to a tryall before the Lords Commissioners of Justiciary Besyds the severall Inconveniences may arrise by her transportatione And the saids Lords Lykewayes Considering that these Crymes Cannot be Judged and tryed by any persones in the Country uithout a warrand and Commissione from their Lordships for that effect And their Lordships being desyrous to have the said matter brought to a tryall that the persones guiltie may receave Condigne punishment and others may be detered from Committing such Crymes in tyme coming They Doe Heirby Give full pouer warrand and Commissione to John Earle of Erroll shirreff principall of the shyre of Aberdein Androw Frazer of Kinmundie his depute Sir John Forbes of Craigivar George Pattoune of Grandhome James Moor of Stoniewood James Gordoune of Seatoune Mr James Gray of Ballgounie and George Keith of Creichie or any three of them who are Heirby declared a Quorum to take tryall off and to Judge and doe Justice upon the said Elizabeth Dassone presently prisoner in the said tolbooth for the said Cryme And In ordor therto to meet and Conveen at Aberdeen the third teusday Tuesday2 of december nixt to Come And therto accept of this present Commissione This Commissione is of the same style uith the other in omnibus and subscribed as the said former Commissione

Att Edinburgh The Tuentie first day of november Jaj vic nyntie thrie years

A1693/11/261

Commission by the Council

Commission of Justiciary For trying Elizabeth Dasone

The Lords of their Majesties privy Councell Being Informed That Elizabeth Dassone is presently prisoner in the tolbooth of Aberdein as alleadged guilty of murdering her oune Chyld And Considering It uill be a Great deall of charges and expensses to bring the said Elizabeth Dassone to this place In ordor to a tryall before the Lords Commissioners of Justiciary Besyds the severall Inconveniences may arrise by her transportatione And the saids Lords Lykewayes Considering that these Crymes Cannot be Judged and tryed by any persones in the Country uithout a warrand and Commissione from their Lordships for that effect And their Lordships being desyrous to have the said matter brought to a tryall that the persones guiltie may receave Condigne punishment and others may be detered from Committing such Crymes in tyme coming They Doe Heirby Give full pouer warrand and Commissione to John Earle of Erroll shirreff principall of the shyre of Aberdein Androw Frazer of Kinmundie his depute Sir John Forbes of Craigivar George Pattoune of Grandhome James Moor of Stoniewood James Gordoune of Seatoune Mr James Gray of Ballgounie and George Keith of Creichie or any three of them who are Heirby declared a Quorum to take tryall off and to Judge and doe Justice upon the said Elizabeth Dassone presently prisoner in the said tolbooth for the said Cryme And In ordor therto to meet and Conveen at Aberdeen the third teusday Tuesday2 of december nixt to Come And therto accept of this present Commissione This Commissione is of the same style uith the other in omnibus and subscribed as the said former Commissione

1. NRS, PC1/49, 177-178.

2. Sic.

1. NRS, PC1/49, 177-178.

2. Sic.