Tag Archives: 22 April 1697

Act, 22 April 1697, Edinburgh

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Att Edinburgh the twentie Second of Aprile Jaj vic nyntie seven yeirs

D1697/4/111

Act

Act Wardlaw against Mr Jack

Petitione Alexander Wardlaw Chamberland of Biggar read and the Counsell allowes ther clerks to give out Letters at the petitioners instance upon the within bond granted by the said Mr Jack against him and his Cautioner therin mentioned in the termes of the bond Nota this bill is lying in sederwnt twentie second of Jwne Jaj vic nyntie seven with a new Deliverance upon it of that Day

Att Edinburgh the twentie Second of Aprile Jaj vic nyntie seven yeirs

D1697/4/111

Act

Act Wardlaw against Mr Jack

Petitione Alexander Wardlaw Chamberland of Biggar read and the Counsell allowes ther clerks to give out Letters at the petitioners instance upon the within bond granted by the said Mr Jack against him and his Cautioner therin mentioned in the termes of the bond Nota this bill is lying in sederwnt twentie second of Jwne Jaj vic nyntie seven with a new Deliverance upon it of that Day

1. NRS, PC2/26, 348r.

1. NRS, PC2/26, 348r.

Sederunt, 22 April 1697, Edinburgh

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Att Edinburgh the twentie Second of Aprile Jaj vic nyntie seven yeirs1

D1697/4/102

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Annandale; Earl of Forffar; Lord John Hamiltoun; Viscount Tiviot; Lord Bellhaven; Lord Ruthven; Lord Advocat; Lord Hallcraig; Laird of Pollock; Proveist of Edinburgh

Att Edinburgh the twentie Second of Aprile Jaj vic nyntie seven yeirs1

D1697/4/102

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Annandale; Earl of Forffar; Lord John Hamiltoun; Viscount Tiviot; Lord Bellhaven; Lord Ruthven; Lord Advocat; Lord Hallcraig; Laird of Pollock; Proveist of Edinburgh

1. NRS, PC2/26, 348r.

2. NRS, PC2/26, 348r.

1. NRS, PC2/26, 348r.

2. NRS, PC2/26, 348r.

Act, 22 April 1697, Edinburgh

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Att Edinburgh the Tuentie Second day of Aprile Jaj vic nyntie seven years

A1697/4/381

Act

Act Leivtennant Chisholm upon the Lady Gradens Bill

Anent the petitione given in to the Lords of his Majesties privy Councill By the Lady Graden and her daughter Sheuing That their Lordships having Committed Leivtennant Chisholme Late pay master to the Lord Lorns regiment to prisone till he should find Caution to Goe to London And ansuer the Claime pursued before the Court Martiall ther at the said Lady Gradens instance for money due to the deceast Leivtennant Colonell Hume her son And being Informed that the said Leivtennant Chisholme hes made application to their Lordships Craving to be sett at Libertie And that the said Lady Graden be ordained to bear his expences in going to London and during his stay ther And therfore it Is humbly Represented that this bussiness hes been stated before the Court martiall who having heard and Considered the Claime given in by the Lady Graden Found the charge to amount to Four hundred thretty six pound Eight shilling and seven pennies which the said Leivtennant must take auay by a discharg or Instruct every article therof And seing the Court martiall will rise in a few dayes before he Can reach London And that the petitioners desyre nothing but securitie for their Claime They doe Consent that the said Leivtennant be sett at Libertie provyding he find sufficient Caution here to pay what shall be found due of the said charge to them which It is hoped their Lordships will find Just and reasonable Wheras the said Leivtennant pretends that Leivtennant Colonell Hume uas ouing money to the regiment and officers It is altogether denyed nor was it ever heard of till now though it be near tuo years since the Leivtennant Collonell dyed And the most part of the officers of the Lord Lorns regiment have been here since But never pretended one farthing to be ouing to them which certainly they had done if ther had been the Leist Ground for it The saids Lords of his Majesties privy Councill Having Considered this representation given in to them By the said Lady Graden and her daughter They heirby given order and warrand to the magistrats of Edinburgh and Keeper of the tolbooth to sett the said Leivtennant Chisholme at Liberty furth therof He first Giving bond and finding sufficient Cautione acted in the books of privie Councill That he shall make Compt reckoning and payment to the said Lady Graden of so much as shall be found due by the said Leivtennant Chisholme to her of the charge given in at her instance against him before the Court martiall of England as the money receaved by him of the regiments pay then under the said Leivtennant Colonell Hume his Command.

Att Edinburgh the Tuentie Second day of Aprile Jaj vic nyntie seven years

A1697/4/381

Act

Act Leivtennant Chisholm upon the Lady Gradens Bill

Anent the petitione given in to the Lords of his Majesties privy Councill By the Lady Graden and her daughter Sheuing That their Lordships having Committed Leivtennant Chisholme Late pay master to the Lord Lorns regiment to prisone till he should find Caution to Goe to London And ansuer the Claime pursued before the Court Martiall ther at the said Lady Gradens instance for money due to the deceast Leivtennant Colonell Hume her son And being Informed that the said Leivtennant Chisholme hes made application to their Lordships Craving to be sett at Libertie And that the said Lady Graden be ordained to bear his expences in going to London and during his stay ther And therfore it Is humbly Represented that this bussiness hes been stated before the Court martiall who having heard and Considered the Claime given in by the Lady Graden Found the charge to amount to Four hundred thretty six pound Eight shilling and seven pennies which the said Leivtennant must take auay by a discharg or Instruct every article therof And seing the Court martiall will rise in a few dayes before he Can reach London And that the petitioners desyre nothing but securitie for their Claime They doe Consent that the said Leivtennant be sett at Libertie provyding he find sufficient Caution here to pay what shall be found due of the said charge to them which It is hoped their Lordships will find Just and reasonable Wheras the said Leivtennant pretends that Leivtennant Colonell Hume uas ouing money to the regiment and officers It is altogether denyed nor was it ever heard of till now though it be near tuo years since the Leivtennant Collonell dyed And the most part of the officers of the Lord Lorns regiment have been here since But never pretended one farthing to be ouing to them which certainly they had done if ther had been the Leist Ground for it The saids Lords of his Majesties privy Councill Having Considered this representation given in to them By the said Lady Graden and her daughter They heirby given order and warrand to the magistrats of Edinburgh and Keeper of the tolbooth to sett the said Leivtennant Chisholme at Liberty furth therof He first Giving bond and finding sufficient Cautione acted in the books of privie Councill That he shall make Compt reckoning and payment to the said Lady Graden of so much as shall be found due by the said Leivtennant Chisholme to her of the charge given in at her instance against him before the Court martiall of England as the money receaved by him of the regiments pay then under the said Leivtennant Colonell Hume his Command.

1. NRS, PC1/51, 189-90.

1. NRS, PC1/51, 189-90.

Act, 22 April 1697, Edinburgh

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Att Edinburgh the Tuentie Second day of Aprile Jaj vic nyntie seven years

A1697/4/371

Act

Act Steuart of Bellechen and his brother

Anent the petitione given in to the Lords of his Majesties privy Councill By Patrick Steuart of Ballechen and Alexander Steuart his Brother Sheuing That the petitioners have been prisoners uithin the tolbooth of Edinburgh for a very Long tyme wherby their health is greatly Impaired and Indangered And therfore Humblie Craving to the effect underwryten as the said petitione bears The saids Lords of his Majesties privy Councill Having Considered this petition given in to them by the said Patrick Steuart of Ballechen and Alexander Steuart his brother They heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth To permitt the petitioners to come out of their tolbooth in the day tyme They returning to the same and abyding therin every night To the effect they may have the free air And that under the Custody of one of the Keepers of the said tolbooth The saids Magistrats and Keeper being aluayes ansuerable for their safe Custody.

Att Edinburgh the Tuentie Second day of Aprile Jaj vic nyntie seven years

A1697/4/371

Act

Act Steuart of Bellechen and his brother

Anent the petitione given in to the Lords of his Majesties privy Councill By Patrick Steuart of Ballechen and Alexander Steuart his Brother Sheuing That the petitioners have been prisoners uithin the tolbooth of Edinburgh for a very Long tyme wherby their health is greatly Impaired and Indangered And therfore Humblie Craving to the effect underwryten as the said petitione bears The saids Lords of his Majesties privy Councill Having Considered this petition given in to them by the said Patrick Steuart of Ballechen and Alexander Steuart his brother They heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth To permitt the petitioners to come out of their tolbooth in the day tyme They returning to the same and abyding therin every night To the effect they may have the free air And that under the Custody of one of the Keepers of the said tolbooth The saids Magistrats and Keeper being aluayes ansuerable for their safe Custody.

1. NRS, PC1/51, 188-9.

1. NRS, PC1/51, 188-9.

Commission by the Council, 22 April 1697, Edinburgh

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Att Edinburgh the Tuentie Second day of Aprile Jaj vic nyntie seven years

A1697/4/361

Commission by the Council

Commission for Judging Farqwhar and McCaskie

The Lords of his Majesties privy Councill Being Informed that Isobell Farqwhar is Lately seized and Committed prisoner to the tolbooth of Forres as guiltie of the murder of her oune Chyld gott in adultery with Donald McCaskie And that the said Donald is Lykewise Imprisoned in the said tolbooth as guiltie of the said murder by his Councill and Contryvance att Leist as being airt and part therof And Considering that they are Indigent persones And that it will be a Great deall of charges and expensses to bring them to this place In order to a tryall before the Lords Commissioners of Justiciary besyds that severall Inconveniencies may arrise through their transportation And their Lordships Lykewise Considering that this horrid Cryme Cannot be tried and Judged by any persones in the Countrey uithout a warrand and Commissione from them for that effect And the saids Lords being desyrous to have the said matter brought to a tryall that the persons guiltie may receave Condign punishment and others may be deterred from Committing so horrid a Cryme in tyme coming They doe heirby Give full pouer warrand and Commission to Sir Robert Gordon of Gordonstoun Alexander Cumming of Altar George Brodie of Askleisk Robert Dumbar of Graingehill Alexander Broady of Dumbearn Robert Dumbar of Dumphall and Alexander Dumbar of Westfield shirreff principall of Elgine and Forres or depute or any four of them whom The saids Lords doe heirby declare to be a sufficient Quorum The said shirreff or his depute being aluayes one of the said four To take tryall off and to Judge and doe Justice upon the said Isobell Farquhar and Donald Mccaskie for the said horrid Cryme of Murder And In order therto to meet and Conveen at the burgh of Forres the sixth day of May next to Come And ther to accept of this present Commission And upon their acceptance to administrat the oath of fidelity to the persone whom the Lord Justice Clerk and James Montgomery of Langshaw Clerk to the Justice Court Shall deput and Substitut to be Clerk to this present Commission with pouer to the saids Commissioners or their said quorum to Choise their oune Clerk for whom they shall be Ansuerable In caise that the said Lord Justice Clerk and James Montgomerie shall refuse to Nominat a Clerk in this Matter They being first required so to doe With pouer Lykewise to the saids Commissioners heirby Commissionat or their said Quorum to Creat make and Constitut Serjants Dempsters and other members of the said Court And to Issue out and Cause raise precepts or Lybells of Indytment at the instance of William Danders wryer in the said burgh of Elgine procurator fiscall for his Majesties Intrest in the said matter against the saids Isobell Farqwhar and Donald Mccaskie accused for the said Crime of murder For Summonding and Citing them upon fifteen dayes By Delyvering to each of them a full Coppie of the Lybell and Indictment with the names and designations of the Assysers and uitnesses subjoyned And for Citing the assysers and witnesses in the ordinary manner and under the usuall paines and Certifications To Compear before the saids Commissioners heirby Commissionat of their said quourum att […] with pouer also to them to amerciat and fyne the absent Assysers and uitnesses And the amerciaments and fynes to uplift for their oun use and behove And to adjurne themselves from tyme to tyme till the relevancy be discust To the effect that the pannells being fully heard the saids Commissioners or their said Quorum may Judge and determine the said relevancy of the Lybell and to Call ane Inquest of Fourtie five persons who are to be Cited on the assyse of the saids pannells And a List of their names and designations given in to the saids persons accused uith their Lybells as said is And after the discussing of the relevancy of the said lybell In presence of the saids persons of Inquest by pronouncing ane Interloquitor theron out of that number to Choise ane assyse of Fifteen And to administrat to them the ordinary oath in the usuall tearms And uith pouer also the saids Commissioners or their said quorum to examine the witnesses to be Cited in presence of the saids pannells and suorne Inquest upon the points that shall be admitted to probatione And Immediately therafter uithout any adjurnment to remitt the said Lybell and Interloquitor to be Given by them anent the relevancy therof and the depositiones of the uitnesses to be taken In manner forsaid To the Knouledge of the said Inquest and assyze who uithout delay or going out of the Court are to be Inclosed by themselves And are heirby appointed to remaine so Inclosed And none suffered to be uith them or to have access to them or any of themselves suffered to Goe out untill they be aggreed and Conclude their ansuer And to Elect a Chancelor or president uith a Clerk of their oune Number And after reading and perusing of the said Indictment Interloquitor to be pronunced theron and depositiones of the uitnesses to be taken in presence of the saids pannells and assyse They are to find the Lybell proven against the saids pannells or not according to Law as they will be ansuerable to God and a Good Conscience And that they draw up their verdict accordingly Bearing what way every Assyser doeth vote And delyver the samen being first subscryved by the Chancelor and Clerk and sealled by the hand of their Chancelor or president to the saids Commissioners or their said Quorum whom They heirby authroize and Commissionat to Advyse the haill proces and verdict of the Inquest And to Give and pronunce sentence Condemnator or absolvitor in the said matter according to Instance And In caise the saids persons shall find the saids pannells guiltie of the Cryme Laid to their charge With pouer to the saids Commissioners or their said Quorum To decerne and adjudge them to be hanged or otheruayes to be execute to the death within such space and after such a manner as they shall think fitt And Generallie with pouer to the saids 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 nominated and appointed by the saids Lords of privie Councill And the saids Lords appoyntes the saids Commissioners or their said Quorum uithin the space of six weeks after pronuncing and Executing of their said sentence 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 the said preces sentence and the manner of executing therof To the effect the same may be recorded in the books of Justiciary which the Clerk to the Criminall Court is heirby required to record them as he uill be ansuerable Given at Edinburgh the tuenty tuo day of Aprile Jaj vic nyntie seven years sic subscribitur Poluarth Cancelar Southerland Forfar Teviott Beilhaven Ruthven James Steuart John Maxwell Archbald Mure.

Att Edinburgh the Tuentie Second day of Aprile Jaj vic nyntie seven years

A1697/4/361

Commission by the Council

Commission for Judging Farqwhar and McCaskie

The Lords of his Majesties privy Councill Being Informed that Isobell Farqwhar is Lately seized and Committed prisoner to the tolbooth of Forres as guiltie of the murder of her oune Chyld gott in adultery with Donald McCaskie And that the said Donald is Lykewise Imprisoned in the said tolbooth as guiltie of the said murder by his Councill and Contryvance att Leist as being airt and part therof And Considering that they are Indigent persones And that it will be a Great deall of charges and expensses to bring them to this place In order to a tryall before the Lords Commissioners of Justiciary besyds that severall Inconveniencies may arrise through their transportation And their Lordships Lykewise Considering that this horrid Cryme Cannot be tried and Judged by any persones in the Countrey uithout a warrand and Commissione from them for that effect And the saids Lords being desyrous to have the said matter brought to a tryall that the persons guiltie may receave Condign punishment and others may be deterred from Committing so horrid a Cryme in tyme coming They doe heirby Give full pouer warrand and Commission to Sir Robert Gordon of Gordonstoun Alexander Cumming of Altar George Brodie of Askleisk Robert Dumbar of Graingehill Alexander Broady of Dumbearn Robert Dumbar of Dumphall and Alexander Dumbar of Westfield shirreff principall of Elgine and Forres or depute or any four of them whom The saids Lords doe heirby declare to be a sufficient Quorum The said shirreff or his depute being aluayes one of the said four To take tryall off and to Judge and doe Justice upon the said Isobell Farquhar and Donald Mccaskie for the said horrid Cryme of Murder And In order therto to meet and Conveen at the burgh of Forres the sixth day of May next to Come And ther to accept of this present Commission And upon their acceptance to administrat the oath of fidelity to the persone whom the Lord Justice Clerk and James Montgomery of Langshaw Clerk to the Justice Court Shall deput and Substitut to be Clerk to this present Commission with pouer to the saids Commissioners or their said quorum to Choise their oune Clerk for whom they shall be Ansuerable In caise that the said Lord Justice Clerk and James Montgomerie shall refuse to Nominat a Clerk in this Matter They being first required so to doe With pouer Lykewise to the saids Commissioners heirby Commissionat or their said Quorum to Creat make and Constitut Serjants Dempsters and other members of the said Court And to Issue out and Cause raise precepts or Lybells of Indytment at the instance of William Danders wryer in the said burgh of Elgine procurator fiscall for his Majesties Intrest in the said matter against the saids Isobell Farqwhar and Donald Mccaskie accused for the said Crime of murder For Summonding and Citing them upon fifteen dayes By Delyvering to each of them a full Coppie of the Lybell and Indictment with the names and designations of the Assysers and uitnesses subjoyned And for Citing the assysers and witnesses in the ordinary manner and under the usuall paines and Certifications To Compear before the saids Commissioners heirby Commissionat of their said quourum att […] with pouer also to them to amerciat and fyne the absent Assysers and uitnesses And the amerciaments and fynes to uplift for their oun use and behove And to adjurne themselves from tyme to tyme till the relevancy be discust To the effect that the pannells being fully heard the saids Commissioners or their said Quorum may Judge and determine the said relevancy of the Lybell and to Call ane Inquest of Fourtie five persons who are to be Cited on the assyse of the saids pannells And a List of their names and designations given in to the saids persons accused uith their Lybells as said is And after the discussing of the relevancy of the said lybell In presence of the saids persons of Inquest by pronouncing ane Interloquitor theron out of that number to Choise ane assyse of Fifteen And to administrat to them the ordinary oath in the usuall tearms And uith pouer also the saids Commissioners or their said quorum to examine the witnesses to be Cited in presence of the saids pannells and suorne Inquest upon the points that shall be admitted to probatione And Immediately therafter uithout any adjurnment to remitt the said Lybell and Interloquitor to be Given by them anent the relevancy therof and the depositiones of the uitnesses to be taken In manner forsaid To the Knouledge of the said Inquest and assyze who uithout delay or going out of the Court are to be Inclosed by themselves And are heirby appointed to remaine so Inclosed And none suffered to be uith them or to have access to them or any of themselves suffered to Goe out untill they be aggreed and Conclude their ansuer And to Elect a Chancelor or president uith a Clerk of their oune Number And after reading and perusing of the said Indictment Interloquitor to be pronunced theron and depositiones of the uitnesses to be taken in presence of the saids pannells and assyse They are to find the Lybell proven against the saids pannells or not according to Law as they will be ansuerable to God and a Good Conscience And that they draw up their verdict accordingly Bearing what way every Assyser doeth vote And delyver the samen being first subscryved by the Chancelor and Clerk and sealled by the hand of their Chancelor or president to the saids Commissioners or their said Quorum whom They heirby authroize and Commissionat to Advyse the haill proces and verdict of the Inquest And to Give and pronunce sentence Condemnator or absolvitor in the said matter according to Instance And In caise the saids persons shall find the saids pannells guiltie of the Cryme Laid to their charge With pouer to the saids Commissioners or their said Quorum To decerne and adjudge them to be hanged or otheruayes to be execute to the death within such space and after such a manner as they shall think fitt And Generallie with pouer to the saids 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 nominated and appointed by the saids Lords of privie Councill And the saids Lords appoyntes the saids Commissioners or their said Quorum uithin the space of six weeks after pronuncing and Executing of their said sentence 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 the said preces sentence and the manner of executing therof To the effect the same may be recorded in the books of Justiciary which the Clerk to the Criminall Court is heirby required to record them as he uill be ansuerable Given at Edinburgh the tuenty tuo day of Aprile Jaj vic nyntie seven years sic subscribitur Poluarth Cancelar Southerland Forfar Teviott Beilhaven Ruthven James Steuart John Maxwell Archbald Mure.

1. NRS, PC1/51, 186-8.

1. NRS, PC1/51, 186-8.

Sederunt, 22 April 1697, Edinburgh

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Att Edinburgh the Tuentie Second day of Aprile Jaj vic nyntie seven years1

A1697/4/352

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Annandale; Earl of Forfar; Lord John Hamilton; Viscount Teviot; Lord Beilhaven; Lord Ruthven; Lord Advocat; Lord Halcraig; Laird of Pollock; Provost of Edinburgh

Att Edinburgh the Tuentie Second day of Aprile Jaj vic nyntie seven years1

A1697/4/352

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Annandale; Earl of Forfar; Lord John Hamilton; Viscount Teviot; Lord Beilhaven; Lord Ruthven; Lord Advocat; Lord Halcraig; Laird of Pollock; Provost of Edinburgh

1. NRS, PC1/51, 185.

2. NRS, PC1/51, 185.

1. NRS, PC1/51, 185.

2. NRS, PC1/51, 185.