Procedure, 26 July 1698, Edinburgh

Edinburgh the Twentie sixt day of July Jaj vic Nyntie Eight years

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Procedure

Furder dilligence Pittliver and Tulloch against Witnesses

The Lords of his majesties privy Councill Doe hereby grant farder dilligence by Caption at the instance of Sir John Dempster of Pittliver and John Bayne younger of Tulloch against the witnesses cited and not Compearing in their process against the Earle of Seaforth Viz John Fraser Servitor to the Laird of Garloch, Alexander Mckenzie younger of Sands, Mr Collin Mckenzie Doctor of medicine at Innverness, Alexander Cuming wryter ther David Fowller younger merchant ther John Hepburne girner ther, And Alexander Baillie one of the Town officers of Innvernes untill the […] day of […] and the saids Lords do hereby give order and warrand to the Shiriffs of the Shyres of Ross and Innverness within which Shyres the saids witnesses Lives and reside to seaze upon and secure the persones of the saids witnesses cited and not Compearing in the said proces ay and whill they and each of them find sufficient Caution to the saids Shireffs or their deputs That they Shall appear before the Councill the said […] day of […]

Edinburgh the Twentie sixt day of July Jaj vic Nyntie Eight years

D1698/7/131

Procedure

Furder dilligence Pittliver and Tulloch against Witnesses

The Lords of his majesties privy Councill Doe hereby grant farder dilligence by Caption at the instance of Sir John Dempster of Pittliver and John Bayne younger of Tulloch against the witnesses cited and not Compearing in their process against the Earle of Seaforth Viz John Fraser Servitor to the Laird of Garloch, Alexander Mckenzie younger of Sands, Mr Collin Mckenzie Doctor of medicine at Innverness, Alexander Cuming wryter ther David Fowller younger merchant ther John Hepburne girner ther, And Alexander Baillie one of the Town officers of Innvernes untill the […] day of […] and the saids Lords do hereby give order and warrand to the Shiriffs of the Shyres of Ross and Innverness within which Shyres the saids witnesses Lives and reside to seaze upon and secure the persones of the saids witnesses cited and not Compearing in the said proces ay and whill they and each of them find sufficient Caution to the saids Shireffs or their deputs That they Shall appear before the Councill the said […] day of […]

1. NRS, PC2/27, 138r-138v.

1. NRS, PC2/27, 138r-138v.

Sederunt, 26 July 1698, Edinburgh

Edinburgh the Twentie sixt day of July Jaj vic Nyntie Eight years1

D1698/7/122

Sederunt

His Majesties high Commissioner; Earl of Melvill PC:; Earl of Argyle; Earl of Erroll; Earl of Southerland; Earl of Marr; Earl of Lauderdale; Earl of Lothian; Earl of Loudoune; Earl of Findlator; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Lord Yester; Viscount Seafeild S:; Viscount Tarbat; Viscount Teviot; Viscount Dupline; Lord Montgomrie; Lord Ross; Lord Beilhaven; Lord Carmicheall; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Enstruther; Lord Rankeillor; Mr Fra: Montgomrie; Laird of Pollock; Laird of Blackbarrony; Laird of Stivenson; Proveist of Edinburgh; Laird of Kelburne

Edinburgh the Twentie sixt day of July Jaj vic Nyntie Eight years1

D1698/7/122

Sederunt

His Majesties high Commissioner; Earl of Melvill PC:; Earl of Argyle; Earl of Erroll; Earl of Southerland; Earl of Marr; Earl of Lauderdale; Earl of Lothian; Earl of Loudoune; Earl of Findlator; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Lord Yester; Viscount Seafeild S:; Viscount Tarbat; Viscount Teviot; Viscount Dupline; Lord Montgomrie; Lord Ross; Lord Beilhaven; Lord Carmicheall; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Enstruther; Lord Rankeillor; Mr Fra: Montgomrie; Laird of Pollock; Laird of Blackbarrony; Laird of Stivenson; Proveist of Edinburgh; Laird of Kelburne

1. NRS, PC2/27, 138r.

2. NRS, PC2/27, 138r.

1. NRS, PC2/27, 138r.

2. NRS, PC2/27, 138r.

Order, 26 July 1698, Edinburgh

Att Edinburgh The Twenty sixth day of July Jaj vjc nynty Eight years

A1698/7/271

Order

Recommendation In favours of Livtenant Vandracht

Anent The Memoriall given in to the Lords of his Majesties Privy Councill By Livetenant Vandraught. Shewing That whereas The said Livetennant hath brought The persones of Alexander Gibb, John Cowie, George Gray prisoners with their Books and vestments from Aberdeen to Edinburgh Tolbooth, And having been at Expenses of above Five Pound Sterling for horses and other necessars for the prisoners use. And Therfore Humbly craving their Lordships To the Effect underwrittin as the said petition Bears. His Majesties High Commissioner And The Lords of privy Councill having considered this Memorial Given in to them be the above Livetennent Vandraught They doe heirby Recommend the said Livetennent To the Lords Commissioners of his Majesties Thesaury for payment to him of Eight Pound Sterling In Satisfaction of what pains and Expenses he hes been at in convoying The prisoners vestments Images Trinketts and popish Books from Aberdeen to Edinburgh, In Respect the said Livetennent hes Compared the saids vestments Trinketts Images and Books with the Inventor thereof and delivered in the Inventor to The clerks of Privy Councill. They heirby declare the said Liventant Vandracht To be Exonered of the saids Vestiments Images Trinketts and Books and his trust thereof and the Execution of his orders thereanent.

Att Edinburgh The Twenty sixth day of July Jaj vjc nynty Eight years

A1698/7/271

Order

Recommendation In favours of Livtenant Vandracht

Anent The Memoriall given in to the Lords of his Majesties Privy Councill By Livetenant Vandraught. Shewing That whereas The said Livetennant hath brought The persones of Alexander Gibb, John Cowie, George Gray prisoners with their Books and vestments from Aberdeen to Edinburgh Tolbooth, And having been at Expenses of above Five Pound Sterling for horses and other necessars for the prisoners use. And Therfore Humbly craving their Lordships To the Effect underwrittin as the said petition Bears. His Majesties High Commissioner And The Lords of privy Councill having considered this Memorial Given in to them be the above Livetennent Vandraught They doe heirby Recommend the said Livetennent To the Lords Commissioners of his Majesties Thesaury for payment to him of Eight Pound Sterling In Satisfaction of what pains and Expenses he hes been at in convoying The prisoners vestments Images Trinketts and popish Books from Aberdeen to Edinburgh, In Respect the said Livetennent hes Compared the saids vestments Trinketts Images and Books with the Inventor thereof and delivered in the Inventor to The clerks of Privy Councill. They heirby declare the said Liventant Vandracht To be Exonered of the saids Vestiments Images Trinketts and Books and his trust thereof and the Execution of his orders thereanent.

1. NRS, PC1/51, 462.

1. NRS, PC1/51, 462.

Act, 26 July 1698, Edinburgh

Att Edinburgh The Twenty sixth day of July Jaj vjc nynty Eight years

A1698/7/261

Act

Act Anent Elspeth McEwen a witch

The Lords of his majesties privy Councill Having by their Interloquitor of the seventh of June Last nominated and appointed a Committee of their own number for considering the Depositiones probations and verdict and haill steps of the process of Witchcraft Led before the Commissioners appointed by the privy Councill against Elspeth McEwen Conform To the Councills Commission of the date the First day of March Last bypast, And To Report to the Councill if the procedure of the Commissioners be agreeable to the process probatione and verdict and declared any Two of them to be a quorum which Committee having accordingly mett They gave in their Report Subscrived be his Majesties Advocate, Bearing That the verdict of the Assisse is unanimous finding her Guilty upon her own Confession and the depositions of witnesses of a Compact and Correspondence with the Devill and of charmes and of accession To malefices. The Depositions are in process as also her Judiciall Confession adhered To before the Commissioners and Assissers is in process signed be a nottar att her Command because she could not write And Likeways by McGuffock of Rusco chosen President by the Commissioners. And upon This verdict there is a Sentence Condemnator wherby the Commissioners again find her Guilty which was Indeed needless. It being Enough That the assisse hade found her Guilty, But this is only superfluity of Style. And Therfore since the sentence Adjudges her to be Execute on […] day In July It is thought That the Lords of his Majesties privy Councill should approve the sentence and appoint a day and order the Clerk to write out ane Extended Decreet And send the same in with the process to be Keept in the Records of Justiciary. Which Report Being this day read in presence of the Councill, His Majesties high Commissioner And The Lords of his majesties Privy Councill Doe heirby approve of the sentence given by the Commissioners above appointed against the said Elspeth McEwen And ordains the saids Commissioners or their former Quorum To meet and appoint The Twenty Fourth day of August next to come to be the day of the Execution thereof And In caice the saids Commissioners shall not meet. The saids Lords Doe heirby appoint The sentence of Death already pronunced against The said Elspeth McEwen To be put to Execution against the said Twenty Fourth of August next. And ordains the Stewart and his Deputes of the Stewartrie of Kirkcudbright To see the said sentence duely Execute And ordains the saids Commissioners named in the forsaid Commission To cause their Clerk Extract ane Decreet in the whole process with the manner of Execution And To Return the Extract thereof to James Montgomry of Langshaw Clerk to the Justice-Court Betwixt and the Twenty Fourth day of September next, to be Registrat and Remain in the Justiciary Books there.

Att Edinburgh The Twenty sixth day of July Jaj vjc nynty Eight years

A1698/7/261

Act

Act Anent Elspeth McEwen a witch

The Lords of his majesties privy Councill Having by their Interloquitor of the seventh of June Last nominated and appointed a Committee of their own number for considering the Depositiones probations and verdict and haill steps of the process of Witchcraft Led before the Commissioners appointed by the privy Councill against Elspeth McEwen Conform To the Councills Commission of the date the First day of March Last bypast, And To Report to the Councill if the procedure of the Commissioners be agreeable to the process probatione and verdict and declared any Two of them to be a quorum which Committee having accordingly mett They gave in their Report Subscrived be his Majesties Advocate, Bearing That the verdict of the Assisse is unanimous finding her Guilty upon her own Confession and the depositions of witnesses of a Compact and Correspondence with the Devill and of charmes and of accession To malefices. The Depositions are in process as also her Judiciall Confession adhered To before the Commissioners and Assissers is in process signed be a nottar att her Command because she could not write And Likeways by McGuffock of Rusco chosen President by the Commissioners. And upon This verdict there is a Sentence Condemnator wherby the Commissioners again find her Guilty which was Indeed needless. It being Enough That the assisse hade found her Guilty, But this is only superfluity of Style. And Therfore since the sentence Adjudges her to be Execute on […] day In July It is thought That the Lords of his Majesties privy Councill should approve the sentence and appoint a day and order the Clerk to write out ane Extended Decreet And send the same in with the process to be Keept in the Records of Justiciary. Which Report Being this day read in presence of the Councill, His Majesties high Commissioner And The Lords of his majesties Privy Councill Doe heirby approve of the sentence given by the Commissioners above appointed against the said Elspeth McEwen And ordains the saids Commissioners or their former Quorum To meet and appoint The Twenty Fourth day of August next to come to be the day of the Execution thereof And In caice the saids Commissioners shall not meet. The saids Lords Doe heirby appoint The sentence of Death already pronunced against The said Elspeth McEwen To be put to Execution against the said Twenty Fourth of August next. And ordains the Stewart and his Deputes of the Stewartrie of Kirkcudbright To see the said sentence duely Execute And ordains the saids Commissioners named in the forsaid Commission To cause their Clerk Extract ane Decreet in the whole process with the manner of Execution And To Return the Extract thereof to James Montgomry of Langshaw Clerk to the Justice-Court Betwixt and the Twenty Fourth day of September next, to be Registrat and Remain in the Justiciary Books there.

1. NRS, PC1/51, 461-2.

1. NRS, PC1/51, 461-2.

Letter: royal, 26 July 1698, Edinburgh

Att Edinburgh The Twenty sixth day of July Jaj vjc nynty Eight years

A1698/7/251

Letter: royal

Letter from the King Adding the Earle of Findlater to the Privy Councill

A Letter from his majestie To the Lords of privy Councill for Receaving The Earle of Findlater a privy Councellor Read and ordered to be recorded Wherof the Tenor follows.
Sic supra scribitur William Rex
Right Trusty and right welbeloved Cousin and Councellor, Right trusty and Entirely beloved Cousin and Councellor. Right trusty and Right welbeloved Cousins and Councellors. Right trusty and welbeloved Cousins and Councellors. Right trusty and welbeloved Councellors. And Trusty and welbeloved Councellors. Wee greet yow well. Wheras In consideration of the Loyalty and abilities of our Right trusty and welbeloved Cousin James Earle of Findlater wee have thought fitt to add him to our privy Councill there; These are Therfore To authorize and Require yow to admitt and Receave him in to that Our Privy Councill in the ordinary form and method in such caices accustomed For doing whereof this shall be your warrant So wee bid yow heartily farewell. Givin att our Court att Kensington The Twenty Fourth day of June Jaj vic nynty Eight and of our Reign the Tenth years. By his Majesties command sic subscribitur James Ogilvie After the Reading of the which Letter The Earle attending att the Councill Door Being called in He swore and subscribed the Aledgance and subscribed the Assurance appointed to his Majesty be Act of parliament And Likeways subscribed the Associatione as other Councellors hes Done before him And The Lord President of privy Councill Having administrate to his Lordship the oath de fideli. The Earle was Receaved a privy Councellor conform to his Majesties Letter.

Att Edinburgh The Twenty sixth day of July Jaj vjc nynty Eight years

A1698/7/251

Letter: royal

Letter from the King Adding the Earle of Findlater to the Privy Councill

A Letter from his majestie To the Lords of privy Councill for Receaving The Earle of Findlater a privy Councellor Read and ordered to be recorded Wherof the Tenor follows.
Sic supra scribitur William Rex
Right Trusty and right welbeloved Cousin and Councellor, Right trusty and Entirely beloved Cousin and Councellor. Right trusty and Right welbeloved Cousins and Councellors. Right trusty and welbeloved Cousins and Councellors. Right trusty and welbeloved Councellors. And Trusty and welbeloved Councellors. Wee greet yow well. Wheras In consideration of the Loyalty and abilities of our Right trusty and welbeloved Cousin James Earle of Findlater wee have thought fitt to add him to our privy Councill there; These are Therfore To authorize and Require yow to admitt and Receave him in to that Our Privy Councill in the ordinary form and method in such caices accustomed For doing whereof this shall be your warrant So wee bid yow heartily farewell. Givin att our Court att Kensington The Twenty Fourth day of June Jaj vic nynty Eight and of our Reign the Tenth years. By his Majesties command sic subscribitur James Ogilvie After the Reading of the which Letter The Earle attending att the Councill Door Being called in He swore and subscribed the Aledgance and subscribed the Assurance appointed to his Majesty be Act of parliament And Likeways subscribed the Associatione as other Councellors hes Done before him And The Lord President of privy Councill Having administrate to his Lordship the oath de fideli. The Earle was Receaved a privy Councellor conform to his Majesties Letter.

1. NRS, PC1/51, 460-1.

1. NRS, PC1/51, 460-1.

Sederunt, 26 July 1698, Edinburgh

Att Edinburgh The Twenty sixth day of July Jaj vjc nynty Eight years1

A1698/7/242

Sederunt

His Majesties high Commissioner; Earl of Melville P.C.; Earl of Argyle; Earl of Erroll; Earl of Southerland; Earl of Marr; Earl of Lauderdale; Earl of Lothian; Earl of Loudown; Earl of Findlater; Earl of Annandale; Earl of Forfar; Earl of Kintore; Lord Yester; Viscount Seafeild S.; Viscount Tarbat; Viscount Teviot; Viscount Dubline; Lord Montgomry; Lord Ross; Lord Belhaven; Lord Carmichaell; Lord Ruthven; Lord President of Session; Lord Advocate; Lord Justice-Clerk; Lord Halcraig; Lord Enstruther; Lord Rankillor; Mr Francis Montgomry; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Lord Provost of Edinburgh; Laird of Kelburne

Att Edinburgh The Twenty sixth day of July Jaj vjc nynty Eight years1

A1698/7/242

Sederunt

His Majesties high Commissioner; Earl of Melville P.C.; Earl of Argyle; Earl of Erroll; Earl of Southerland; Earl of Marr; Earl of Lauderdale; Earl of Lothian; Earl of Loudown; Earl of Findlater; Earl of Annandale; Earl of Forfar; Earl of Kintore; Lord Yester; Viscount Seafeild S.; Viscount Tarbat; Viscount Teviot; Viscount Dubline; Lord Montgomry; Lord Ross; Lord Belhaven; Lord Carmichaell; Lord Ruthven; Lord President of Session; Lord Advocate; Lord Justice-Clerk; Lord Halcraig; Lord Enstruther; Lord Rankillor; Mr Francis Montgomry; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Lord Provost of Edinburgh; Laird of Kelburne

1. NRS, PC1/51, 460.

2. NRS, PC1/51, 460.

1. NRS, PC1/51, 460.

2. NRS, PC1/51, 460.