Procedure, 23 September 1701, Edinburgh

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/81

Procedure

Committie anent publict prisoners house dues

The Councill Nominats and appoints the Earle of Seafeild and Lord Carmicheall the two principall Secretaries of State for this kingdome, The Earle of Leven, and his Majesties advocat, To be a Committie to meet with the Lord provest of Edinburgh and to Speak with the said provest anent the house dues of Edinburgh and the Cannogate Tolbooths due by publict prisoners and to consider how the dues for the said publict prisoners ought and should be payed and by whom the samen as to be payed; And Recommends to the said Committie to meet this day at thrie of the Cloak in the afternoon and to report to the Councill at their nixt Sederunt and Declares any thrie of the said Committie to be a Sufficient quorum.
2

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/81

Procedure

Committie anent publict prisoners house dues

The Councill Nominats and appoints the Earle of Seafeild and Lord Carmicheall the two principall Secretaries of State for this kingdome, The Earle of Leven, and his Majesties advocat, To be a Committie to meet with the Lord provest of Edinburgh and to Speak with the said provest anent the house dues of Edinburgh and the Cannogate Tolbooths due by publict prisoners and to consider how the dues for the said publict prisoners ought and should be payed and by whom the samen as to be payed; And Recommends to the said Committie to meet this day at thrie of the Cloak in the afternoon and to report to the Councill at their nixt Sederunt and Declares any thrie of the said Committie to be a Sufficient quorum.
2

1. NRS, PC1/52, 289.

2. The phrase ‘The Councill haveing Received’ scored out here.

1. NRS, PC1/52, 289.

2. The phrase ‘The Councill haveing Received’ scored out here.

Order, 23 September 1701, Edinburgh

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/71

Order

[Recommendation anent prisoner’s aliments]

Anent a Petition given in to the Lords of her Majesties privy Councill be James Hamilton keeper of the Tolbooth of the Cannogate Shewing That the saids Lordships petitioner haveing upon his oun Credit furnished the prisoners of that Tolbooth with bread and drink for thrie years bypast when the same were at a very dear rate to the value of Fyve Thousand merks, and haveing severall times applyed to the saids Lords of his Majesties thesaury for payment therof yet he hade not to this hour received any part of the Samen; And that the saids Lords by their act in May last Ordained the recruits to be raised by the Earle of Orkney to be free of any house dues Albeit the petitioner hade agreed with the officers for them and hade the Saids Lords act for thrie pence per night for each of them, And that the Saids Lords hade ordained the Supplicant to Alliement Mr Oneill prisoner for alleadged being ane popish preist at Twelue pence per diem ever Since the moneth of June Last Wherby the petitioner hade not only reduced himself to great extreamities by the forsaid advances upon his oun Credit But also is therby exposed to the Sever dilligences of Brewars and barks who gave him trust who will not any longer Lye out of their money And that he is not in a present Condition to advance any more and that he cannot expect any payment from the Lords of Thesaury untill the Session Sitt doun Unless the saids Lords in Commisseration of his present Circumstances provyd Remeed And Therfore Humbly Craveing That the saids Lords would be pleased to take the Supplicants present Condition to their Serious consideration by allowing him Such a part of the forsaid Soumes for satisfieing of his Credit to the said brewars and bakers as the said Lords Should think fitt, And for that effect to recommend present payment therof Wherby the petitioner in time to come might be in a better condition to Serve his Majestie and the Saids Lords in the Capacity and Station he was a present in as the petition bears; The Lords of his Majesties privy Councill haveing Considered the petitioner given in to them by the above James Hamilton keeper of the Cannogate Tolbooth They hereby Recommend to the Lords Commissioners of his Majesties thesaury To Cause payment be made to the said James Hamilton petitioner of what he shall instruct was furnished be him as aliement to publict prisoners and particularly to the said Mr Oneill above designed.

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/71

Order

[Recommendation anent prisoner’s aliments]

Anent a Petition given in to the Lords of her Majesties privy Councill be James Hamilton keeper of the Tolbooth of the Cannogate Shewing That the saids Lordships petitioner haveing upon his oun Credit furnished the prisoners of that Tolbooth with bread and drink for thrie years bypast when the same were at a very dear rate to the value of Fyve Thousand merks, and haveing severall times applyed to the saids Lords of his Majesties thesaury for payment therof yet he hade not to this hour received any part of the Samen; And that the saids Lords by their act in May last Ordained the recruits to be raised by the Earle of Orkney to be free of any house dues Albeit the petitioner hade agreed with the officers for them and hade the Saids Lords act for thrie pence per night for each of them, And that the Saids Lords hade ordained the Supplicant to Alliement Mr Oneill prisoner for alleadged being ane popish preist at Twelue pence per diem ever Since the moneth of June Last Wherby the petitioner hade not only reduced himself to great extreamities by the forsaid advances upon his oun Credit But also is therby exposed to the Sever dilligences of Brewars and barks who gave him trust who will not any longer Lye out of their money And that he is not in a present Condition to advance any more and that he cannot expect any payment from the Lords of Thesaury untill the Session Sitt doun Unless the saids Lords in Commisseration of his present Circumstances provyd Remeed And Therfore Humbly Craveing That the saids Lords would be pleased to take the Supplicants present Condition to their Serious consideration by allowing him Such a part of the forsaid Soumes for satisfieing of his Credit to the said brewars and bakers as the said Lords Should think fitt, And for that effect to recommend present payment therof Wherby the petitioner in time to come might be in a better condition to Serve his Majestie and the Saids Lords in the Capacity and Station he was a present in as the petition bears; The Lords of his Majesties privy Councill haveing Considered the petitioner given in to them by the above James Hamilton keeper of the Cannogate Tolbooth They hereby Recommend to the Lords Commissioners of his Majesties thesaury To Cause payment be made to the said James Hamilton petitioner of what he shall instruct was furnished be him as aliement to publict prisoners and particularly to the said Mr Oneill above designed.

1. NRS, PC1/52, 288-9.

1. NRS, PC1/52, 288-9.

Procedure, 23 September 1701, Edinburgh

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/61

Procedure

Recommendation to the Lord Advocat to wryt to the Commissioners of Justiciary anent a probation against Allaster More

The Lords of his Majesties privy Councill Doe hereby Recommend to Sir James Stewart his Majesties advocat to wryt to the Commissioner of Justiciary for the peace of the Highlands in the Northern district and in the Councills name to requyre from them Sufficient information and evidence against Alexander Mcdonald Alias Alester More presently prisoner in the Tolbooth of Edinburgh and to cause send to Edinburgh such witnesses as can prove or bear evidence against the said Alexander Mcdonald alias Alester More And doe hereby Grant personall protectione to the witnesses to be adduced against the said Allaster and Discharges all messengers officers or others to put any Letters of Caption acts of warding or other personall dilligence to execution against the said witnesses in their passing to Edinburgh and returning to their oun home from the […] day of […] To the […] day of […] That they may pass and reposs as his Majesties free Leidges; And the saids Lords Declares that the expences hereof and all others which shall be depurst in prosecuteing the said Allaster More shall be upon the publict Charges.

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/61

Procedure

Recommendation to the Lord Advocat to wryt to the Commissioners of Justiciary anent a probation against Allaster More

The Lords of his Majesties privy Councill Doe hereby Recommend to Sir James Stewart his Majesties advocat to wryt to the Commissioner of Justiciary for the peace of the Highlands in the Northern district and in the Councills name to requyre from them Sufficient information and evidence against Alexander Mcdonald Alias Alester More presently prisoner in the Tolbooth of Edinburgh and to cause send to Edinburgh such witnesses as can prove or bear evidence against the said Alexander Mcdonald alias Alester More And doe hereby Grant personall protectione to the witnesses to be adduced against the said Allaster and Discharges all messengers officers or others to put any Letters of Caption acts of warding or other personall dilligence to execution against the said witnesses in their passing to Edinburgh and returning to their oun home from the […] day of […] To the […] day of […] That they may pass and reposs as his Majesties free Leidges; And the saids Lords Declares that the expences hereof and all others which shall be depurst in prosecuteing the said Allaster More shall be upon the publict Charges.

1. NRS, PC1/52, 287.

1. NRS, PC1/52, 287.

Act, 23 September 1701, Edinburgh

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/51

Act

Act for ane aliement to Allaster More

Anent a petition given in to the Lords of his Majesties privy Councill be Alexander Mcdonald alias Alaster More prisoner in the Tolbooth of Edinburgh Shewing That wher the petitioner haveing been Committed prisoner in the Tolbooth of Edinburgh by warrant of his Majesties advocat in order to the tryall of his alledged crymes of Theft and robbertie And wher he hade been detained now upwards of six moneths without any tryall till at last the said petitioner is necessitat to apply in the termes of the act of parliament anent Undue delayes of tryall to one of the Lords of Justiciary for a precept to messengers for intimating to his majesties advocat That he fix a dyet for a tryall under the certification contained in the said act of parliament; But in regaird the Law allowes his Majesties advocat not only Sixtie dayes for fixing the dyet, But lykewayes Fourtie dayes more for bringing tryall to a close dureing which space the petitioner is in hazard of perishing through famine haveing no Imaginable mean of Subsistance; The saids Lords of Councill were favorably pleased to allow him at this first Imprisonment haveing been denyed him now these four Moneths by past And Therfore Humbly begging the saids Lords would be pleased by their delyverence hereupon to allow the petitioner what Subsistance the saids Lords should think fitt with ane injunction that the same be duely payed and not with held as heretofore hade been done. As the petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them by the above Alexander Mcdonald alias Allaster More; They hereby Allow ane aliement of sex shilling scots per diem to be payed to him from the day and date hereof untill his Liberation Togither with what is resting to him upon their former order And Recommends to the Lords Commissioners of his Majesties Thesaury to cause make payment to George Drummond present master of the Tolbooth of Edinburgh of the said aliement of six shilling Scots per diem to be payed by him to the said petitioner dureing his Imprisonment Togither with what is resting upon their former order.

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/51

Act

Act for ane aliement to Allaster More

Anent a petition given in to the Lords of his Majesties privy Councill be Alexander Mcdonald alias Alaster More prisoner in the Tolbooth of Edinburgh Shewing That wher the petitioner haveing been Committed prisoner in the Tolbooth of Edinburgh by warrant of his Majesties advocat in order to the tryall of his alledged crymes of Theft and robbertie And wher he hade been detained now upwards of six moneths without any tryall till at last the said petitioner is necessitat to apply in the termes of the act of parliament anent Undue delayes of tryall to one of the Lords of Justiciary for a precept to messengers for intimating to his majesties advocat That he fix a dyet for a tryall under the certification contained in the said act of parliament; But in regaird the Law allowes his Majesties advocat not only Sixtie dayes for fixing the dyet, But lykewayes Fourtie dayes more for bringing tryall to a close dureing which space the petitioner is in hazard of perishing through famine haveing no Imaginable mean of Subsistance; The saids Lords of Councill were favorably pleased to allow him at this first Imprisonment haveing been denyed him now these four Moneths by past And Therfore Humbly begging the saids Lords would be pleased by their delyverence hereupon to allow the petitioner what Subsistance the saids Lords should think fitt with ane injunction that the same be duely payed and not with held as heretofore hade been done. As the petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them by the above Alexander Mcdonald alias Allaster More; They hereby Allow ane aliement of sex shilling scots per diem to be payed to him from the day and date hereof untill his Liberation Togither with what is resting to him upon their former order And Recommends to the Lords Commissioners of his Majesties Thesaury to cause make payment to George Drummond present master of the Tolbooth of Edinburgh of the said aliement of six shilling Scots per diem to be payed by him to the said petitioner dureing his Imprisonment Togither with what is resting upon their former order.

1. NRS, PC1/52, 286-7.

1. NRS, PC1/52, 286-7.

Procedure, 23 September 1701, Edinburgh

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/41

Procedure

Committie to Consider the Standart of the fynnes of Gold to be Coyned

The Lords of his Majesties privy Councill Doe hereby Nominat and appoint The Earle of Melvill Lord President of privy Councill; The Earles of Marr and Leven The Lords advocat, Philiphaugh and Crossrig to be a Committie and to call before them the toune Councill and Gold Smiths of Edinburgh and with them to consider what should be the standart of the finnes of the parcell of Gold to be Coyned in his Majesties Mint and appoints them to make their report to the Councill in this matter at thir first Sederunt; And Declares any thrie of them to be a Sufficient quorum.

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/41

Procedure

Committie to Consider the Standart of the fynnes of Gold to be Coyned

The Lords of his Majesties privy Councill Doe hereby Nominat and appoint The Earle of Melvill Lord President of privy Councill; The Earles of Marr and Leven The Lords advocat, Philiphaugh and Crossrig to be a Committie and to call before them the toune Councill and Gold Smiths of Edinburgh and with them to consider what should be the standart of the finnes of the parcell of Gold to be Coyned in his Majesties Mint and appoints them to make their report to the Councill in this matter at thir first Sederunt; And Declares any thrie of them to be a Sufficient quorum.

1. NRS, PC1/52, 285-6.

1. NRS, PC1/52, 285-6.

Warrant, 23 September 1701, Edinburgh

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/31

Warrant

Warant approveing of the magistrats of Edinburgh their Imprisoning Donaldson Gazeteer and Reid printer

The Lord Advocat haveing acqainted the Lords of his Majesties privy Councill That ther was a paper printed anent the late King James his death and the publishing the pretended prince of Wales as King of Brittain at St Germans in France And that Captain […] Donaldson Gazettteer Caused print the same; And that John Reid is printed therof, And that the Magistrats of Edinburgh hade caused Imprison both these persones in the Tolbooth of Edinburgh The saids Lords of privy Councill Doe hereby approve of what the saids Magistrates have done in this matter And appointes the saids two persones to continue prisoners till farder order.

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/31

Warrant

Warant approveing of the magistrats of Edinburgh their Imprisoning Donaldson Gazeteer and Reid printer

The Lord Advocat haveing acqainted the Lords of his Majesties privy Councill That ther was a paper printed anent the late King James his death and the publishing the pretended prince of Wales as King of Brittain at St Germans in France And that Captain […] Donaldson Gazettteer Caused print the same; And that John Reid is printed therof, And that the Magistrats of Edinburgh hade caused Imprison both these persones in the Tolbooth of Edinburgh The saids Lords of privy Councill Doe hereby approve of what the saids Magistrates have done in this matter And appointes the saids two persones to continue prisoners till farder order.

1. NRS, PC1/52, 285-6.

1. NRS, PC1/52, 285-6.

Warrant, 23 September 1701, Edinburgh

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/21

Warrant

Warrant for burning a proclamation Declaring the prince of Wales to have right to the Crown of Scotland

The Lord high Chancelor haveing acquainted the Councill that ther was a treasonable paper affixt upon the Cross of Edinburgh Containing a declaration that the right of the Crown of Scotland was devolved on the pretended prince of Wales as King James the Eight The Lords of his Majesties privy Councill Doe hereby Ordaine the said paper to be brunt by the hands of the Comon hangman at the said Cross of Edinburgh betwixt the hours of Eleven and twelve of the Cloak the morrow in the forenoon In token of their abhorrence therto; And appoints the Magistrates of Edinburgh to see the said paper brunt at the said time.

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years

A1701/9/21

Warrant

Warrant for burning a proclamation Declaring the prince of Wales to have right to the Crown of Scotland

The Lord high Chancelor haveing acquainted the Councill that ther was a treasonable paper affixt upon the Cross of Edinburgh Containing a declaration that the right of the Crown of Scotland was devolved on the pretended prince of Wales as King James the Eight The Lords of his Majesties privy Councill Doe hereby Ordaine the said paper to be brunt by the hands of the Comon hangman at the said Cross of Edinburgh betwixt the hours of Eleven and twelve of the Cloak the morrow in the forenoon In token of their abhorrence therto; And appoints the Magistrates of Edinburgh to see the said paper brunt at the said time.

1. NRS, PC1/52, 285.

1. NRS, PC1/52, 285.

Sederunt, 23 September 1701, Edinburgh

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years1

A1701/9/12

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Marquis of Annandale; Earl of Seafeild S:; Earl of Marr; Earl of Leven; Earl of Northesk; Earl of Forfar; Viscount Teviot; Viscount Rosbery; Lord Montgomry; Lord Carmichaell S:; Lord President of Session; Lord Advocat; Lord Philiphaugh; Mr Francis Montgomry; Lord Provest of Edinburgh; Laird of Meggens

Ante meridiem

Att Edinburgh the Twenty Thrid day of September Jaj viic and one years1

A1701/9/12

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Marquis of Annandale; Earl of Seafeild S:; Earl of Marr; Earl of Leven; Earl of Northesk; Earl of Forfar; Viscount Teviot; Viscount Rosbery; Lord Montgomry; Lord Carmichaell S:; Lord President of Session; Lord Advocat; Lord Philiphaugh; Mr Francis Montgomry; Lord Provest of Edinburgh; Laird of Meggens

Ante meridiem

1. NRS, PC1/52, 285.

2. NRS, PC1/52, 285.

1. NRS, PC1/52, 285.

2. NRS, PC1/52, 285.