Tag Archives: 22 February 1694

Order, 22 February 1694, Edinburgh

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Order

Recomendatione to the thesaurie anent Mistress Pringles Childrein

The Lords of their majesties privy Councill doe heirby Discharge […] Lady Kirkhouse or any for her to Cary or have the Custody of any of the Childrein procreat betwixt the deceast David Pringle apothecary in Edinburgh and Marion Maxwell his deceast spouse , And Recomends to the Lords Commissioners of ther majesties thesaurie to allow the saids Cheldrein a present aliement out of the roup of the said Marrion Maxwells Moveables to be given to the freinds sueing for the same, and undertakeing to aliement them, And Likewayes to allow and Modifie her funerall expences, And Ordaines this discharge to be intimate to the said Lady Kirkhouse who is presently within the burgh of Edinburgh.

Edinburgh the twentie two day of February Jaj vjc nyntie four years

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Order

Recomendatione to the thesaurie anent Mistress Pringles Childrein

The Lords of their majesties privy Councill doe heirby Discharge […] Lady Kirkhouse or any for her to Cary or have the Custody of any of the Childrein procreat betwixt the deceast David Pringle apothecary in Edinburgh and Marion Maxwell his deceast spouse , And Recomends to the Lords Commissioners of ther majesties thesaurie to allow the saids Cheldrein a present aliement out of the roup of the said Marrion Maxwells Moveables to be given to the freinds sueing for the same, and undertakeing to aliement them, And Likewayes to allow and Modifie her funerall expences, And Ordaines this discharge to be intimate to the said Lady Kirkhouse who is presently within the burgh of Edinburgh.

1. NRS, PC2/24, 345v.

1. NRS, PC2/24, 345v.

Warrant, 22 February 1694, Edinburgh

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Warrant

Warrand for Captains Home and Bruce to attend ther Companies

The Lords of their majesties privy Councill Doe heirby allow and Grant Warrand and libertie to Captain John Home and Captain […] Bruce both Captaines in the Lord Strathnavers regiment to attend their respective Companies at the places wher they Lye notwithstanding they be Conveened before the Councill in a proces at the instance of the relict and sone of umquhill James Dunlope, The said two Captaines first giveing bond and finding Cautione acted in the books of privy That they shall appear before the saids Lords to answer any dyet of the process when ever they shall be requyred therto, And allowes the Clerk of Councill to receive Alexander Bruce writter as Cautioner to the said Captaine Bruce.

Edinburgh the twentie two day of February Jaj vjc nyntie four years

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Warrant

Warrand for Captains Home and Bruce to attend ther Companies

The Lords of their majesties privy Councill Doe heirby allow and Grant Warrand and libertie to Captain John Home and Captain […] Bruce both Captaines in the Lord Strathnavers regiment to attend their respective Companies at the places wher they Lye notwithstanding they be Conveened before the Councill in a proces at the instance of the relict and sone of umquhill James Dunlope, The said two Captaines first giveing bond and finding Cautione acted in the books of privy That they shall appear before the saids Lords to answer any dyet of the process when ever they shall be requyred therto, And allowes the Clerk of Councill to receive Alexander Bruce writter as Cautioner to the said Captaine Bruce.

1. NRS, PC2/24, 345r-345v.

1. NRS, PC2/24, 345r-345v.

Decreet, 22 February 1694, Edinburgh

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Decreet

Decreet Urquhart Against Slowan her husband

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of Margrat Urquhart spouse to Mathew Slowan sometime in Belfast in Ireland Mentioning that quher by the lawes of god and the Law of nature and the lawes and constitutiones of this and all weell governed nationes It is the duties of husbands to love and Cherrish their wives and to provyde for them and their Childrein and mantaine them according to ther qualitie and estate, and not suffer them to brought to misserie, yet true it is that about seven years agoe the pursuer was maried to the said Mathow Sloan who received with her upon the accompt of the mariadge severall Considerable soumes of money besides diverse other things such as merchant goods of a Considerable value Which if the pursuer hade been unmaried would have mantained her honastly as ane gentlwoman all her dayes, yet within a moneth after the mariadge he took such ane hatred and dislike at the pursuer (Loveing the Company of other women better then hers) That he would not suffer her to abyde in the house with him nor allow her ane residence elsewher nor anything to Live on, all which the pursuer endured alse long as she was able expecting that he would grow letter and suffer her to Cohabit with him Conforme to their mariadge ingadgment but all in rain so that the pursuer was neessitate to make application to Thomas Waird esquir dean of Commissioner and one of their majesties Justices of peace for the Countey of Antrum desyreing him earnestly to cause bring before him the pursuers unnaturall husband, To shew his reasone why he would not oun her, and accordingly she procured his warrand which is heirwith produced directed to the Constables of the barrony of Belfast or any one of them for apprehending the said Mathow To answer to what she hade to Lay to his charge But the hearing of this and fearing of Imprisonment Converted all the pursuers goods into money and gold and came over to Scotland and took on a souldier with the dragoons and left the pursuer nothing to Live on, So that she was necessitate to follow him nay a very day not knowing wher to find him from place to place, And severall times in great hazard by sea and land Liveing allwayes upon the Charity of good people till at last she gott nottice he was under the Command of Sir Thomas Livingstone with whom she found him, And desyred him that seing he hade left her and disowned her as his wyfe, That he would give her her oun to Live on, And he should not be more troubled with her But he swor many a bloody oath, That he would see her damned eternally before he would give her ane farthing, And if she would not live him and fash him no more, he should murther her And the more to evidence his barbarity and Creuelty when she was about the seeking after him who was then in Company with some other women he kicked her on the belly with his foot and killed the Child in her womb, Which she Immediatly after parliament with, And seing the said matter was formerly before the saids Lords of privy Councill And the saids Lords haveing remitted the same to Sir Thomas Liveingstoune to enquyre in the Circumstances of the pursuers husband, And to endeavor to agree and setle them, and incaise of deficulty to report, And the said Sir Thomas being unwilling to midle in the said affair, to pursuer Lyes still unredressed of her forsaid grivances, Wherthrow It is evident to the saids Lords how greatly the pursuer is wronged And Therfore the said Mathow Sloan aught and shall not not2 only be ordained to pay to the pursuer such a soume out of which he has taken and from her and is presently in possessione off as may not only be a mean of subsistance to the pursuer in the mean time, But might likewayes Capacitate her to follow furth divorce against him since he has severall whoors and will not Cohabit with her, Unless she should resolve to be murthered by him as many a time has sworn to doe, if the perseuer come near him Bot otherwayes punished in his persone and goods to the terror of others to Committ the like in time comeing And Anent the Charge given to the said defender to have Compeired before the saids Lords at ane certaine day now bygone To have answered to the points of the above Complaint and to have heard and seen himself Decerned to make payment to the said pursuer of such a samne of money as may not only be a mean of subsistance to her in the mean time Bot likways to Capacitate her to follow furth a divorse against him for the Causes abovementioned as the letters and executiones therof more fully heard Which letters being upon the Twentie thrid day of november last called in presence of the saids Lords of privy Councill, And the saids Margrat Urquhart persewar Compeiring personally And ther said Mathow Sloan defender being lawfullie cited and oft times called and not Compeiring The saids Lords granted certificatione against the said defender In respect of his absence and not Compeiring And Ordained letters of Denuncatione to be direct against him, And the saids letters being this day again called in presence of the saids Lords this day again called in presence of the saids Lords of privy Councill and both persewar and defender of Compeiring personally3 at the barr The Councill haveing Considered the lybell and heard both parties in ther presence, They heirby modifie the soume of Two Hundred merks scots of yearly aliement to the said Margrat Urquhart persewar, And Ordaines the same to be Levied and uplifted Ordaines the same to be Levied and uplifted out of the readiest of the said Mathow Sloan her said husband his means and estate at two termes in the year Whitsunday and Mertimiss be equall portiones Commenceing the said aliement frae the portiones Commenceing the said aliement frae the terme of Mertimiss last, and beginning the first termes payment therof at Whitsunday nixt as for the terme preceiding, And so furth yearly and termly in time comeing, The termes of payment therof being allwayes first come and bygone, And the saids Lords doe heirby Discharge any executione to pass heiron either against the defenders person or for affecting his pay horss or armes Bot only allowes Executione heiron against the defenders other means or estate as accords of the Law.

Edinburgh the twentie two day of February Jaj vjc nyntie four years

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Decreet

Decreet Urquhart Against Slowan her husband

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of Margrat Urquhart spouse to Mathew Slowan sometime in Belfast in Ireland Mentioning that quher by the lawes of god and the Law of nature and the lawes and constitutiones of this and all weell governed nationes It is the duties of husbands to love and Cherrish their wives and to provyde for them and their Childrein and mantaine them according to ther qualitie and estate, and not suffer them to brought to misserie, yet true it is that about seven years agoe the pursuer was maried to the said Mathow Sloan who received with her upon the accompt of the mariadge severall Considerable soumes of money besides diverse other things such as merchant goods of a Considerable value Which if the pursuer hade been unmaried would have mantained her honastly as ane gentlwoman all her dayes, yet within a moneth after the mariadge he took such ane hatred and dislike at the pursuer (Loveing the Company of other women better then hers) That he would not suffer her to abyde in the house with him nor allow her ane residence elsewher nor anything to Live on, all which the pursuer endured alse long as she was able expecting that he would grow letter and suffer her to Cohabit with him Conforme to their mariadge ingadgment but all in rain so that the pursuer was neessitate to make application to Thomas Waird esquir dean of Commissioner and one of their majesties Justices of peace for the Countey of Antrum desyreing him earnestly to cause bring before him the pursuers unnaturall husband, To shew his reasone why he would not oun her, and accordingly she procured his warrand which is heirwith produced directed to the Constables of the barrony of Belfast or any one of them for apprehending the said Mathow To answer to what she hade to Lay to his charge But the hearing of this and fearing of Imprisonment Converted all the pursuers goods into money and gold and came over to Scotland and took on a souldier with the dragoons and left the pursuer nothing to Live on, So that she was necessitate to follow him nay a very day not knowing wher to find him from place to place, And severall times in great hazard by sea and land Liveing allwayes upon the Charity of good people till at last she gott nottice he was under the Command of Sir Thomas Livingstone with whom she found him, And desyred him that seing he hade left her and disowned her as his wyfe, That he would give her her oun to Live on, And he should not be more troubled with her But he swor many a bloody oath, That he would see her damned eternally before he would give her ane farthing, And if she would not live him and fash him no more, he should murther her And the more to evidence his barbarity and Creuelty when she was about the seeking after him who was then in Company with some other women he kicked her on the belly with his foot and killed the Child in her womb, Which she Immediatly after parliament with, And seing the said matter was formerly before the saids Lords of privy Councill And the saids Lords haveing remitted the same to Sir Thomas Liveingstoune to enquyre in the Circumstances of the pursuers husband, And to endeavor to agree and setle them, and incaise of deficulty to report, And the said Sir Thomas being unwilling to midle in the said affair, to pursuer Lyes still unredressed of her forsaid grivances, Wherthrow It is evident to the saids Lords how greatly the pursuer is wronged And Therfore the said Mathow Sloan aught and shall not not2 only be ordained to pay to the pursuer such a soume out of which he has taken and from her and is presently in possessione off as may not only be a mean of subsistance to the pursuer in the mean time, But might likewayes Capacitate her to follow furth divorce against him since he has severall whoors and will not Cohabit with her, Unless she should resolve to be murthered by him as many a time has sworn to doe, if the perseuer come near him Bot otherwayes punished in his persone and goods to the terror of others to Committ the like in time comeing And Anent the Charge given to the said defender to have Compeired before the saids Lords at ane certaine day now bygone To have answered to the points of the above Complaint and to have heard and seen himself Decerned to make payment to the said pursuer of such a samne of money as may not only be a mean of subsistance to her in the mean time Bot likways to Capacitate her to follow furth a divorse against him for the Causes abovementioned as the letters and executiones therof more fully heard Which letters being upon the Twentie thrid day of november last called in presence of the saids Lords of privy Councill, And the saids Margrat Urquhart persewar Compeiring personally And ther said Mathow Sloan defender being lawfullie cited and oft times called and not Compeiring The saids Lords granted certificatione against the said defender In respect of his absence and not Compeiring And Ordained letters of Denuncatione to be direct against him, And the saids letters being this day again called in presence of the saids Lords this day again called in presence of the saids Lords of privy Councill and both persewar and defender of Compeiring personally3 at the barr The Councill haveing Considered the lybell and heard both parties in ther presence, They heirby modifie the soume of Two Hundred merks scots of yearly aliement to the said Margrat Urquhart persewar, And Ordaines the same to be Levied and uplifted Ordaines the same to be Levied and uplifted out of the readiest of the said Mathow Sloan her said husband his means and estate at two termes in the year Whitsunday and Mertimiss be equall portiones Commenceing the said aliement frae the portiones Commenceing the said aliement frae the terme of Mertimiss last, and beginning the first termes payment therof at Whitsunday nixt as for the terme preceiding, And so furth yearly and termly in time comeing, The termes of payment therof being allwayes first come and bygone, And the saids Lords doe heirby Discharge any executione to pass heiron either against the defenders person or for affecting his pay horss or armes Bot only allowes Executione heiron against the defenders other means or estate as accords of the Law.

1. NRS, PC2/24, 343v-345r.

2. Sic.

3. Insertion.

1. NRS, PC2/24, 343v-345r.

2. Sic.

3. Insertion.

Sederunt, 22 February 1694, Edinburgh

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Edinburgh the twentie two day of February Jaj vjc nyntie four years1

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Sederunt

Lord Chancelor; Earl of Melvill P: S:; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Kintore; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Enstruther; Mr Fr: Montgomrie; Laird of Stivensone; Sir Thomas Livingston

Edinburgh the twentie two day of February Jaj vjc nyntie four years1

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Sederunt

Lord Chancelor; Earl of Melvill P: S:; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Kintore; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Enstruther; Mr Fr: Montgomrie; Laird of Stivensone; Sir Thomas Livingston

1. NRS, PC2/24, 343v.

2. NRS, PC2/24, 343v.

1. NRS, PC2/24, 343v.

2. NRS, PC2/24, 343v.

Act, 22 February 1694, Edinburgh

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A1694/2/401

Act

prorogatione of The Lord Oxfoords Confynment

Anent the petitione given in to the Lords of their Majesties privie Councill Be Robert Viscount of Oxfuird Sheuing That their Lordships by their Act in January Last were pleased by reasone of the petitioners Indispositione of health To allow him him2 to Come from the Castle of Stirling (wher he had been prisoner) to his oune house at Cranstoune The petitioner finding Cautione to returne to Stirling Castle before the Last Wedensday of february instant And seing that since the petitioner came to Cranstoune he hath been and still is in the phisitianes hands and that if he should returne to prisone his health and Life uould be therby Indaingered And therfore Humbly Craving their Lordships would be pleased to allow the petitioner to remaine at his oune house of Cranstoune with the Liberty of such bounds about it as was formerly alloued And the petitioner shall Give security to Compear before their Lordships whensoever they shall be pleased to Call him As the said petitione bears The Saids Lords of their Majesties privie Councill having Considered this petitione given in to them Be the said Viscount of Oxfuird with the testificat of his Indispositione mentioned therin and produced therwith They heirby prorogat the petitioners returne to the Castle of Stirling to the tenth day of March nixt In respect the petitioner hath first given bond and found sufficient Cautione acted in the books of privie Councill That he shall remaine Confyned at his oune house at Nether Cranstoune and a mylle about the same and not goe without the bounds of the said Confynment And that he shall Reenter himself prisoner In the Castle of Stirling betuixt and the said tenth day of March nixt And in the mean tyme That he shall Live peacably under and with all submissione to the present government of their Majesties King William and Queen Mary and that he shall not Act Consult nor Contryve any thing In prejudice therof nor shall not Converss or Correspond with any rebells And that he shall appear before the saids Lords of privie Councill att any tyme when called for betuixt and the said tenth day of march nixt to Come under the penaltie of Tuenty Thousand merks scotts In caise he shall transgress in any pairt of the premisses

Att Edinburgh The Tuenty second day of February Jaj vic nyntie four years

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Act

prorogatione of The Lord Oxfoords Confynment

Anent the petitione given in to the Lords of their Majesties privie Councill Be Robert Viscount of Oxfuird Sheuing That their Lordships by their Act in January Last were pleased by reasone of the petitioners Indispositione of health To allow him him2 to Come from the Castle of Stirling (wher he had been prisoner) to his oune house at Cranstoune The petitioner finding Cautione to returne to Stirling Castle before the Last Wedensday of february instant And seing that since the petitioner came to Cranstoune he hath been and still is in the phisitianes hands and that if he should returne to prisone his health and Life uould be therby Indaingered And therfore Humbly Craving their Lordships would be pleased to allow the petitioner to remaine at his oune house of Cranstoune with the Liberty of such bounds about it as was formerly alloued And the petitioner shall Give security to Compear before their Lordships whensoever they shall be pleased to Call him As the said petitione bears The Saids Lords of their Majesties privie Councill having Considered this petitione given in to them Be the said Viscount of Oxfuird with the testificat of his Indispositione mentioned therin and produced therwith They heirby prorogat the petitioners returne to the Castle of Stirling to the tenth day of March nixt In respect the petitioner hath first given bond and found sufficient Cautione acted in the books of privie Councill That he shall remaine Confyned at his oune house at Nether Cranstoune and a mylle about the same and not goe without the bounds of the said Confynment And that he shall Reenter himself prisoner In the Castle of Stirling betuixt and the said tenth day of March nixt And in the mean tyme That he shall Live peacably under and with all submissione to the present government of their Majesties King William and Queen Mary and that he shall not Act Consult nor Contryve any thing In prejudice therof nor shall not Converss or Correspond with any rebells And that he shall appear before the saids Lords of privie Councill att any tyme when called for betuixt and the said tenth day of march nixt to Come under the penaltie of Tuenty Thousand merks scotts In caise he shall transgress in any pairt of the premisses

1. NRS, PC1/49, 271-2.

2. Sic.

1. NRS, PC1/49, 271-2.

2. Sic.

Order, 22 February 1694, Edinburgh

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A1694/2/391

Order

Recommendatione to The Thesaury to advance 1000lb sterline to the Kings troop of Guairds

The Lords of their Majesties privie Councill Being Informed that the Gentlemen of the Kings troop of Guairds are in Great Difficultie for want of subsistance and so In dainger to desert and that their subsistance money Is dayly expected from England Therfore they Recommend to the Lords Commissioners of their Majesties Thesaury to Cause furnish and advance for the present supply of the said troop of Guairds the soume of ane thousand pounds sterline money And that upon such bond or other security as they shall think sufficient Bearing alwayes borroued money without any relation to or mentione of the subsistance or releiff of the said troop And that the soumes to be Lent be advanced out of some of the fonds Laid on by the Late sessione of parliament sic subscribitur Tueeddall cancell: Southerland Leven Forfar Tarbat Beilhaven Stair W Anstruther T: Livingstone

Att Edinburgh The Tuenty second day of February Jaj vic nyntie four years

A1694/2/391

Order

Recommendatione to The Thesaury to advance 1000lb sterline to the Kings troop of Guairds

The Lords of their Majesties privie Councill Being Informed that the Gentlemen of the Kings troop of Guairds are in Great Difficultie for want of subsistance and so In dainger to desert and that their subsistance money Is dayly expected from England Therfore they Recommend to the Lords Commissioners of their Majesties Thesaury to Cause furnish and advance for the present supply of the said troop of Guairds the soume of ane thousand pounds sterline money And that upon such bond or other security as they shall think sufficient Bearing alwayes borroued money without any relation to or mentione of the subsistance or releiff of the said troop And that the soumes to be Lent be advanced out of some of the fonds Laid on by the Late sessione of parliament sic subscribitur Tueeddall cancell: Southerland Leven Forfar Tarbat Beilhaven Stair W Anstruther T: Livingstone

1. NRS, PC1/49, 271.

1. NRS, PC1/49, 271.

Act, 22 February 1694, Edinburgh

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A1694/2/381

Act

Protectione Captaine Home

The Lords of their Majesties of their Majesties2 privie Councill Having Considered a petitione given in to them Be John Home of Manderstoune They heirby Grant personall protectione to the said John Home of Manderstoune untill the Eight day of March nixt Inclusive That he may attend the dyetts of the process depending before the saids Lords att the Instance of Jean Stirline and others Against the petitioner and Captain Bruce And discharges all Judges magistrats messengers at armes officers in burgh or Landuard to putt any Letters of Captione acts of warding or other personall dilligence to executione against the said John Home untill the said day Inclusive Excepting alwayes their Majesties rents and publict dues sic subscribitur Tueeddale cancel: Melvill p. S Linlithgow Leven Kintoir Tarbat Raith Beilhaven T: Livingstone

Att Edinburgh The Tuenty second day of February Jaj vic nyntie four years

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Act

Protectione Captaine Home

The Lords of their Majesties of their Majesties2 privie Councill Having Considered a petitione given in to them Be John Home of Manderstoune They heirby Grant personall protectione to the said John Home of Manderstoune untill the Eight day of March nixt Inclusive That he may attend the dyetts of the process depending before the saids Lords att the Instance of Jean Stirline and others Against the petitioner and Captain Bruce And discharges all Judges magistrats messengers at armes officers in burgh or Landuard to putt any Letters of Captione acts of warding or other personall dilligence to executione against the said John Home untill the said day Inclusive Excepting alwayes their Majesties rents and publict dues sic subscribitur Tueeddale cancel: Melvill p. S Linlithgow Leven Kintoir Tarbat Raith Beilhaven T: Livingstone

1. NRS, PC1/49, 271.

2. Sic.

1. NRS, PC1/49, 271.

2. Sic.

Commission by the Council, 22 February 1694, Edinburgh

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A1694/2/371

Commission by the Council

Commissione of Justiciary for trying Janets Stevensons and Cairns

The Lords of their Majesties privie Councill Being Informed That Janet Thomsone and Janet Cairnes servitrixes to William Fisher in Killmarnock, who are presently prisoners in the tolbooth of Killmarnock as alleadged guilty of murdering a Chyld alleadged brought furth be the said Janet Thomsone And Considering that It will be a Great dale of charges and expences to bring the saids Janet Thomsone and Janet Cairnes to this place In ordor to a tryall before the Lords Commissioners of Justiciary Besyds the severall Inconvenencies that may aryse by their transportatione And the saids Lords Lykewayes Considering that this Cryme Cannot be Judged and tryed by any persones in the Country without 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 guilty may receave Condigne punishment and others may be deterred from Committing such Crymes in tyme Coming They Doe heirby give full power warrand and Commissione to James Brisbane Baillie of Cunynghame John Hamilton his substitut William Muir of Roualland John Craufurd of Craufurdland Mr Alexander Craufurd of 2 Fergushill John Hamiltone of Grainge and Charles Dallrymple factor to the Earle of Killmarnock or any three of them who are heirby declared to be a quorum The saids William Muir of Roualland or John Craufurd of Craufurdlands being aluayes one of the said quorum to take tryall of And to Judge and doe Justice upon the said Janet Thomsone and Janet Cairnes presently prisoners in the said tolbooth for the said Cryme And In ordor therto To meet and Conveen at Killmarnock the Eight day of March nixt to Come And ther to acceptance of this present commissione and upon their acceptance to administrat the oath of fidelity to the persone whom James Muntgomery of Langshaw Clark to the Justice Court shall depute and substitut to be Clark to this present Commissione And if the said James Muntgomery shall neglect or delay to depute and substitut a Clark as said is being requyred therto with pouer to the saids Commissioners or their said Quorum to Choyse their oune Clark for whom they shall be ansuerable with pouer Lykewayes to the persones heirby Commissionat or their said Quorum to Creat make and Constitut serjants Dempsters and others members of the said Court And to Issue out and Cause raise 3 precepts or Lybells of Indictment att the Instance of Mathew Adam officer to the Earle of Killmarnock procurator fiscall for his Majesties Intrest in the said matter Against the saids Janet Thomsone and Janet Cairnes for citing them and the assysers and uitnesses in the ordinary manner and under the usuall paines and Certificationes to Compear before the saids Commissioners heirby Commissionat as said is or their said Quorum at Killmarnock the tuenty fourth day of March therafter the said month with full pouer also to them to amerciat and fyne the absent assysers and witnesses and the amerciaments and fynes to uplift for their oune use and behoofe and to adjurne themselves from tyme to tyme To the effect that the pannells being fully heard The saids Commissioners or their said quorum may judge and determine the relevancy of the Lybell and to Call ane Inquiest of fourtie five persones who are to be Cited on the assysse of the saids persones and out of that number to choyse ane assyse of fifteen And to administrat to them the ordinary oath in the usuall termes And with pouer also to the saids Commissioners or their said Quorum to examine the witnesses Cited in presence of the saids pannells and suorn Inqueist upon the poynts that shall be admitted to probatione And therafter to remitt the said Lybell and Interloquitor to be Given be them anent the relevancy therof and the depositiones of the witnesses to be taken In manner forsaid To the knouledge of the said Inquiest and assyse whom they appoint to Elect a Chancelor or president with a Clark And after reading and perusing of the said Indictment Interloquitor to be pronunced theron and depositiones of the witnesses to be taken in presence of the saids pannells and assyse To find the Lybell proven against the saids pannells or to assoillzie them according to Law as they uill ansuer to God and a good conscience That they draw up the verdict accordingly and delyver the same sealled by the hand of their Chancelor or president to the saids persones or their Quorum whom they heirby authorize and Commissionat to advyse the haill process and verdict of the Inqueist with the depositiones of the witnesses And to Give and pronunce sentence Condemnator or absolvitor in the said matter according to Justice And in case the saids Judges shall find the pannells guiltie of the Cryme Laid to their charge with pouer to the saids Commissioners or their said quorum To decerne and adjudge the saids pannells to be hanged or otherwise execute within such space and after such manner as they shall think fitt And Generally with full 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 nominat and appointed by the saids Lords of privie Councill And the saids Lords appoints the saids Commissioners or their said quorum uithin the space of ane month after pronuncing and executing of their sentence In this matter To report to the Lords Commissioners of Justiciary or to the Clark of the Criminall Court ane authentick extract under their hands of their said sentence and the manner of executing therof To the effect the same may be recorded in the books of Justiciary which the Clark to the Criminall Court Is heirby requyred to record therin as he will be ansuerable Given att Edinburgh the tuenty tuo day of February Jaj vic nyntie four years sic subscribitur Tueeddale cancel: Melvill p. s Southerland Linlithgow Leven Forfar Kintoir Tarbat Raith Rossh Beilhaven F Muntgomery Robert Sinclar T: Livingstone

Att Edinburgh The Tuenty second day of February Jaj vic nyntie four years

A1694/2/371

Commission by the Council

Commissione of Justiciary for trying Janets Stevensons and Cairns

The Lords of their Majesties privie Councill Being Informed That Janet Thomsone and Janet Cairnes servitrixes to William Fisher in Killmarnock, who are presently prisoners in the tolbooth of Killmarnock as alleadged guilty of murdering a Chyld alleadged brought furth be the said Janet Thomsone And Considering that It will be a Great dale of charges and expences to bring the saids Janet Thomsone and Janet Cairnes to this place In ordor to a tryall before the Lords Commissioners of Justiciary Besyds the severall Inconvenencies that may aryse by their transportatione And the saids Lords Lykewayes Considering that this Cryme Cannot be Judged and tryed by any persones in the Country without 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 guilty may receave Condigne punishment and others may be deterred from Committing such Crymes in tyme Coming They Doe heirby give full power warrand and Commissione to James Brisbane Baillie of Cunynghame John Hamilton his substitut William Muir of Roualland John Craufurd of Craufurdland Mr Alexander Craufurd of 2 Fergushill John Hamiltone of Grainge and Charles Dallrymple factor to the Earle of Killmarnock or any three of them who are heirby declared to be a quorum The saids William Muir of Roualland or John Craufurd of Craufurdlands being aluayes one of the said quorum to take tryall of And to Judge and doe Justice upon the said Janet Thomsone and Janet Cairnes presently prisoners in the said tolbooth for the said Cryme And In ordor therto To meet and Conveen at Killmarnock the Eight day of March nixt to Come And ther to acceptance of this present commissione and upon their acceptance to administrat the oath of fidelity to the persone whom James Muntgomery of Langshaw Clark to the Justice Court shall depute and substitut to be Clark to this present Commissione And if the said James Muntgomery shall neglect or delay to depute and substitut a Clark as said is being requyred therto with pouer to the saids Commissioners or their said Quorum to Choyse their oune Clark for whom they shall be ansuerable with pouer Lykewayes to the persones heirby Commissionat or their said Quorum to Creat make and Constitut serjants Dempsters and others members of the said Court And to Issue out and Cause raise 3 precepts or Lybells of Indictment att the Instance of Mathew Adam officer to the Earle of Killmarnock procurator fiscall for his Majesties Intrest in the said matter Against the saids Janet Thomsone and Janet Cairnes for citing them and the assysers and uitnesses in the ordinary manner and under the usuall paines and Certificationes to Compear before the saids Commissioners heirby Commissionat as said is or their said Quorum at Killmarnock the tuenty fourth day of March therafter the said month with full pouer also to them to amerciat and fyne the absent assysers and witnesses and the amerciaments and fynes to uplift for their oune use and behoofe and to adjurne themselves from tyme to tyme To the effect that the pannells being fully heard The saids Commissioners or their said quorum may judge and determine the relevancy of the Lybell and to Call ane Inquiest of fourtie five persones who are to be Cited on the assysse of the saids persones and out of that number to choyse ane assyse of fifteen And to administrat to them the ordinary oath in the usuall termes And with pouer also to the saids Commissioners or their said Quorum to examine the witnesses Cited in presence of the saids pannells and suorn Inqueist upon the poynts that shall be admitted to probatione And therafter to remitt the said Lybell and Interloquitor to be Given be them anent the relevancy therof and the depositiones of the witnesses to be taken In manner forsaid To the knouledge of the said Inquiest and assyse whom they appoint to Elect a Chancelor or president with a Clark And after reading and perusing of the said Indictment Interloquitor to be pronunced theron and depositiones of the witnesses to be taken in presence of the saids pannells and assyse To find the Lybell proven against the saids pannells or to assoillzie them according to Law as they uill ansuer to God and a good conscience That they draw up the verdict accordingly and delyver the same sealled by the hand of their Chancelor or president to the saids persones or their Quorum whom they heirby authorize and Commissionat to advyse the haill process and verdict of the Inqueist with the depositiones of the witnesses And to Give and pronunce sentence Condemnator or absolvitor in the said matter according to Justice And in case the saids Judges shall find the pannells guiltie of the Cryme Laid to their charge with pouer to the saids Commissioners or their said quorum To decerne and adjudge the saids pannells to be hanged or otherwise execute within such space and after such manner as they shall think fitt And Generally with full 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 nominat and appointed by the saids Lords of privie Councill And the saids Lords appoints the saids Commissioners or their said quorum uithin the space of ane month after pronuncing and executing of their sentence In this matter To report to the Lords Commissioners of Justiciary or to the Clark of the Criminall Court ane authentick extract under their hands of their said sentence and the manner of executing therof To the effect the same may be recorded in the books of Justiciary which the Clark to the Criminall Court Is heirby requyred to record therin as he will be ansuerable Given att Edinburgh the tuenty tuo day of February Jaj vic nyntie four years sic subscribitur Tueeddale cancel: Melvill p. s Southerland Linlithgow Leven Forfar Kintoir Tarbat Raith Rossh Beilhaven F Muntgomery Robert Sinclar T: Livingstone

1. NRS, PC1/49, 269-71.

2. The word ‘Crafurdhill’ scored out here.

3. The phrase ‘Lybells or’ scored out here.

1. NRS, PC1/49, 269-71.

2. The word ‘Crafurdhill’ scored out here.

3. The phrase ‘Lybells or’ scored out here.

Sederunt, 22 February 1694, Edinburgh

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Att Edinburgh The Tuenty second day of February Jaj vic nyntie four years1

A1694/2/362

Sederunt

Lord Chancelor; Earl of Melvill p: s:; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Poluarth; Lord Advocat; Lord Hattoun; Lord Anstruther; Mr Fra: Muntgomry; Laird of Stevensone; Sir Thomas Livingstoun

Att Edinburgh The Tuenty second day of February Jaj vic nyntie four years1

A1694/2/362

Sederunt

Lord Chancelor; Earl of Melvill p: s:; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Poluarth; Lord Advocat; Lord Hattoun; Lord Anstruther; Mr Fra: Muntgomry; Laird of Stevensone; Sir Thomas Livingstoun

1. NRS, PC1/49, 268.

2. NRS, PC1/49, 268.

1. NRS, PC1/49, 268.

2. NRS, PC1/49, 268.