Tag Archives: 23 November 1704

Warrant, 23 November 1704, Edinburgh

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Att Edinburgh the Twenty thrid day of November Jaj vijc and four years

A1704/11/231

Warrant

Warrand Anent prest men and souldiers

The Lords of Her Majesties privie Council, For the better regulating the Complaints anent prest men, and redressing the abuses therof Doe heirby Nominat and Appoint the Committee underwrytten Viz The Earles of Lauderdale, Leven, Northesk, Forfar, and Dunmore, The Lords Advocat, Halcraig, Anstruther, and Phesdo, Mr Francis Montgomery, Collingtoun and the Lord Provest of Edinburgh, or any two of them, As a quorum to meet each day at Eleven or Three of the Clock, In the Commity room of the Council Chamber; And there to hear and give their orders and determine such complaints as shall come before them, Impowering any one privie Councellor To give orders for arristing and stopeing and for searching and seazing in order to tryal, And that when and where ever they shall be applied to. And that for determining and adjudgeing in order to transporting or not, the same to be done by two of the said Committee at least as the quorum thereof; And the saids Lords forbids all application to be made to any of the members of the said Committee for determining the Questions anent prest men Except at the time and in the place forsaid; And for preventing of abuse in persons unknown, there undue troubleing of the Lords of the Councill or Committee therof by presenting of warrands for searching and arristing in order to tryall; The saids Lords Recommends it to all the members of the said Committee, That they receave noe applicationes from either officer or party in the premisses Except in the manner and at the time and place above prescribed and that from the Clerks of Councill allenerly or their servants: And appoints and ordains thir presents to be printed and published that non may pretend ignorance.

Att Edinburgh the Twenty thrid day of November Jaj vijc and four years

A1704/11/231

Warrant

Warrand Anent prest men and souldiers

The Lords of Her Majesties privie Council, For the better regulating the Complaints anent prest men, and redressing the abuses therof Doe heirby Nominat and Appoint the Committee underwrytten Viz The Earles of Lauderdale, Leven, Northesk, Forfar, and Dunmore, The Lords Advocat, Halcraig, Anstruther, and Phesdo, Mr Francis Montgomery, Collingtoun and the Lord Provest of Edinburgh, or any two of them, As a quorum to meet each day at Eleven or Three of the Clock, In the Commity room of the Council Chamber; And there to hear and give their orders and determine such complaints as shall come before them, Impowering any one privie Councellor To give orders for arristing and stopeing and for searching and seazing in order to tryal, And that when and where ever they shall be applied to. And that for determining and adjudgeing in order to transporting or not, the same to be done by two of the said Committee at least as the quorum thereof; And the saids Lords forbids all application to be made to any of the members of the said Committee for determining the Questions anent prest men Except at the time and in the place forsaid; And for preventing of abuse in persons unknown, there undue troubleing of the Lords of the Councill or Committee therof by presenting of warrands for searching and arristing in order to tryall; The saids Lords Recommends it to all the members of the said Committee, That they receave noe applicationes from either officer or party in the premisses Except in the manner and at the time and place above prescribed and that from the Clerks of Councill allenerly or their servants: And appoints and ordains thir presents to be printed and published that non may pretend ignorance.

1. NRS, PC1/53, 293-4

1. NRS, PC1/53, 293-4

Act, 23 November 1704, Edinburgh

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Att Edinburgh the Twenty thrid day of November Jaj vijc and four years

A1704/11/221

Act

Act Infavours of Mr Patrick Ogilvie

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By Mr Patrick Ogilvie; Shewing That where the petitioner had their Lordships Commission to guard the coast toward Ireland from the Import of Irish victuall horse and Cattle and that their Lordships judged it necessary that the petitioner should have a party of souldiers to attend and assist him in the Discharge of that trust. The petitioner did his outmost endevour to acquitt himselfe therein; But it haveing pleased the Livetennent General to call back the said party in order to the reveiw of the forces, he could doe noe more service in that post, And yet so soon as the Council ordered him back and gave a new Recommendation to the Livetennent General to supplie the petitioner with a new pairty, He instantly return’d to the west; But this reveiwing of the forces not being over. The petitioner waited thereabout five weeks to noe better purpose then to discover the Great abuses committed as to the forsaid import from Ireland; for the petitioner hes gott ane account of Ane Hundereth Boats that have imported victual in his interoval Conforme to a List thereof produced, and the import and receipt is in truth become so General, that any man that would repress it, without the assistance of souldiers must resolve to abandon it or be deforced, The petitioner needs not tell their Lordships of the complaint that’s made boeth from the West and from the North of this import of Irish victual and of the prejudice sustained by it But this the petitioner must humbly offer to their Lordships That without affixed Independent Company It appears imposible that their Commission and the trust they repose in the petitioner can be effectualy execute for which he humbly proposes that his former pairty of Fourty Foot and Twenty Dragoons may be fixed so as they constantly attend the said service untill recalled by their Lordships special order, which their Lordships knew best how to order either by themselves or by recommending it to Her Majestie how it may be done effectually. For the petitioner must againe declaire to their Lordships that without this assistance he hes too much convinced their Commission cannot be execute nor the great and many abusses restrained. The Lords of Her Majesties privie Council Haveing considered the petition given into them By Mr Patrick Ogilvie And the samen being read in their presence The saids Lords Doe heirby Declare that the party of fourty foot and Twenty Dragoons last, sent to the west Country to assist the petitioner in the Execution of his Commission against the import of Irish victual It is and ought to be affixed and settled pairty in that place Therefore the saids Lords Doe heirby Appoint and Ordaine The pairty forsaid of fourty foot, and Twenty Dragoons, to be affixed and settled pairty there And appoints and Ordains them to continue under the direction of the said Mr Patrick Ogilvie for the end forsaid and not to be recalled without a speciall warrand from the Councill thereanent.

Att Edinburgh the Twenty thrid day of November Jaj vijc and four years

A1704/11/221

Act

Act Infavours of Mr Patrick Ogilvie

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By Mr Patrick Ogilvie; Shewing That where the petitioner had their Lordships Commission to guard the coast toward Ireland from the Import of Irish victuall horse and Cattle and that their Lordships judged it necessary that the petitioner should have a party of souldiers to attend and assist him in the Discharge of that trust. The petitioner did his outmost endevour to acquitt himselfe therein; But it haveing pleased the Livetennent General to call back the said party in order to the reveiw of the forces, he could doe noe more service in that post, And yet so soon as the Council ordered him back and gave a new Recommendation to the Livetennent General to supplie the petitioner with a new pairty, He instantly return’d to the west; But this reveiwing of the forces not being over. The petitioner waited thereabout five weeks to noe better purpose then to discover the Great abuses committed as to the forsaid import from Ireland; for the petitioner hes gott ane account of Ane Hundereth Boats that have imported victual in his interoval Conforme to a List thereof produced, and the import and receipt is in truth become so General, that any man that would repress it, without the assistance of souldiers must resolve to abandon it or be deforced, The petitioner needs not tell their Lordships of the complaint that’s made boeth from the West and from the North of this import of Irish victual and of the prejudice sustained by it But this the petitioner must humbly offer to their Lordships That without affixed Independent Company It appears imposible that their Commission and the trust they repose in the petitioner can be effectualy execute for which he humbly proposes that his former pairty of Fourty Foot and Twenty Dragoons may be fixed so as they constantly attend the said service untill recalled by their Lordships special order, which their Lordships knew best how to order either by themselves or by recommending it to Her Majestie how it may be done effectually. For the petitioner must againe declaire to their Lordships that without this assistance he hes too much convinced their Commission cannot be execute nor the great and many abusses restrained. The Lords of Her Majesties privie Council Haveing considered the petition given into them By Mr Patrick Ogilvie And the samen being read in their presence The saids Lords Doe heirby Declare that the party of fourty foot and Twenty Dragoons last, sent to the west Country to assist the petitioner in the Execution of his Commission against the import of Irish victual It is and ought to be affixed and settled pairty in that place Therefore the saids Lords Doe heirby Appoint and Ordaine The pairty forsaid of fourty foot, and Twenty Dragoons, to be affixed and settled pairty there And appoints and Ordains them to continue under the direction of the said Mr Patrick Ogilvie for the end forsaid and not to be recalled without a speciall warrand from the Councill thereanent.

1. NRS, PC1/53, 292-3.

1. NRS, PC1/53, 292-3.

Act, 23 November 1704, Edinburgh

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Att Edinburgh the Twenty thrid day of November Jaj vijc and four years

A1704/11/211

Act

Reprive to Elizabeth Hailburton

Anent the petition given in and presented to the Lords of Her Majesties privy Council By Elizabeth Haliburton present prisoner in the Tolbooth of Edinburgh Shewing That where the petitioner being sentenced by the Lords of Justiciary to death, for concealling her being with Child and not calling for help the time of the birth, She doeth acknowledge that the saids Lords their sentence is most just and aggreeable to the Late Act of Parliament But that the Child was really dead in her Belly several dayes before the birth thereof, And the petitioner had before the Child become dead in her belly prepared cloaths for it; And which was known to severall Nighbours about; But the petitioner haveing gotten a great bruise by a Load of Coalls accidentally fallen on her The Child became bruised to death in her belly seaveral dayes before the bring furth therof; And the petitioner not knowing the severe strickness of the Late Act of Parliament, Did without any constraint narrate the whole matter of fact to several nighbours about And particularly that the Child had been several dayes dead in her belly before the bearing therof by the said accident. And Therefore Craveing to the effect aftermentioned as the said petition Bears. The Lords of Her Majesties privie Council haveing considered the above petition given into them By Elizabeth Haliburton present prisoner in the Tolbooth of Edinburgh And the samen being read in there presence The saids Lords of Her Majesties privie Councill Have Changed and heirby Changes the sentence of death pronunced against the said Elizabeth to transportation And have Appointed and heirby Appoints the petitioner to be transported to any of Her Majesties plantations in America with the first shipe goeing there And in the mean whyle to remain and continue in prison ay and whyle she be transported as said is, And have Discharged and heirby Discharges the sentence of death pronunced by the forsaids Commissioners of Justiciary to be put to any farder Execution against the petitioner upon the accompt forsaid And Commands and ordains the Magistrats of Edinburgh and keepers of their Tolbooth; To keep hold and detaine the petitioner therein ay and whyle she be transported as said is, And appoints the petitioner before her being transported To Enact her selfe in the Books of privy Councill never to return to this Kingdome under the paine of death. Sic Subscribitur Annandale P Crafurd Leven, Northesk, Forfar James Steuart A Hope F Montgomerie Pattrick Johnstoun

Att Edinburgh the Twenty thrid day of November Jaj vijc and four years

A1704/11/211

Act

Reprive to Elizabeth Hailburton

Anent the petition given in and presented to the Lords of Her Majesties privy Council By Elizabeth Haliburton present prisoner in the Tolbooth of Edinburgh Shewing That where the petitioner being sentenced by the Lords of Justiciary to death, for concealling her being with Child and not calling for help the time of the birth, She doeth acknowledge that the saids Lords their sentence is most just and aggreeable to the Late Act of Parliament But that the Child was really dead in her Belly several dayes before the birth thereof, And the petitioner had before the Child become dead in her belly prepared cloaths for it; And which was known to severall Nighbours about; But the petitioner haveing gotten a great bruise by a Load of Coalls accidentally fallen on her The Child became bruised to death in her belly seaveral dayes before the bring furth therof; And the petitioner not knowing the severe strickness of the Late Act of Parliament, Did without any constraint narrate the whole matter of fact to several nighbours about And particularly that the Child had been several dayes dead in her belly before the bearing therof by the said accident. And Therefore Craveing to the effect aftermentioned as the said petition Bears. The Lords of Her Majesties privie Council haveing considered the above petition given into them By Elizabeth Haliburton present prisoner in the Tolbooth of Edinburgh And the samen being read in there presence The saids Lords of Her Majesties privie Councill Have Changed and heirby Changes the sentence of death pronunced against the said Elizabeth to transportation And have Appointed and heirby Appoints the petitioner to be transported to any of Her Majesties plantations in America with the first shipe goeing there And in the mean whyle to remain and continue in prison ay and whyle she be transported as said is, And have Discharged and heirby Discharges the sentence of death pronunced by the forsaids Commissioners of Justiciary to be put to any farder Execution against the petitioner upon the accompt forsaid And Commands and ordains the Magistrats of Edinburgh and keepers of their Tolbooth; To keep hold and detaine the petitioner therein ay and whyle she be transported as said is, And appoints the petitioner before her being transported To Enact her selfe in the Books of privy Councill never to return to this Kingdome under the paine of death. Sic Subscribitur Annandale P Crafurd Leven, Northesk, Forfar James Steuart A Hope F Montgomerie Pattrick Johnstoun

1. NRS, PC1/53, 291-2.

1. NRS, PC1/53, 291-2.

Warrant, 23 November 1704, Edinburgh

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Att Edinburgh the Twenty thrid day of November Jaj vijc and four years

A1704/11/201

Warrant

Warrand for apprehending some Dragoons for killing a man att Laingtoun

Sir James Steuart Her Majesties Advocat Haveing represented to the Council That there was one […] Deans in Langtoun shoot through his own door by some of the Dragoons lying there, And that his Lordship had given orders to the commanding officer of the place to send the saids Dragoons to the Tolbooth of Edinburgh therinto remain whyle they should be legallie tryed, And that the said Commanding officer had conveened the said warrand and refused to send them as said is. Therefore the saids Lords of Her Majesties privie Council, Doe heirby Recommend to the said Lord Advocat, To ishue out orders by authority And in name of the saids Lords To any officers of Her Majesties forces within this Kingdome for apprehending of the Dragoons forsaid and committing them to prison as said is ay and whyle they be tried Conforme to Law, And appoints the saids officers to give obediance unto the forsaid warrand, As they will be answerable upon their heighest perrill.

Att Edinburgh the Twenty thrid day of November Jaj vijc and four years

A1704/11/201

Warrant

Warrand for apprehending some Dragoons for killing a man att Laingtoun

Sir James Steuart Her Majesties Advocat Haveing represented to the Council That there was one […] Deans in Langtoun shoot through his own door by some of the Dragoons lying there, And that his Lordship had given orders to the commanding officer of the place to send the saids Dragoons to the Tolbooth of Edinburgh therinto remain whyle they should be legallie tryed, And that the said Commanding officer had conveened the said warrand and refused to send them as said is. Therefore the saids Lords of Her Majesties privie Council, Doe heirby Recommend to the said Lord Advocat, To ishue out orders by authority And in name of the saids Lords To any officers of Her Majesties forces within this Kingdome for apprehending of the Dragoons forsaid and committing them to prison as said is ay and whyle they be tried Conforme to Law, And appoints the saids officers to give obediance unto the forsaid warrand, As they will be answerable upon their heighest perrill.

1. NRS, PC1/53, 290-1.

1. NRS, PC1/53, 290-1.

Sederunt, 23 November 1704, Edinburgh

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Att Edinburgh the Twenty thrid day of November Jaj vijc and four years1

A1704/11/192

Sederunt

Marquis of Annandale p:C:; Earl of Lauderdale; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Dunmore; Lord Advocat; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Lord Phesdo; Mr Fra: Montgomery; Laird of Collingtoun; Lord Provost of Edinburgh

Att Edinburgh the Twenty thrid day of November Jaj vijc and four years1

A1704/11/192

Sederunt

Marquis of Annandale p:C:; Earl of Lauderdale; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Dunmore; Lord Advocat; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Lord Phesdo; Mr Fra: Montgomery; Laird of Collingtoun; Lord Provost of Edinburgh

1. NRS, PC1/53, 290.

2. NRS, PC1/53, 290.

1. NRS, PC1/53, 290.

2. NRS, PC1/53, 290.