Tag Archives: 26 March 1696 (pm)

Procedure: judicial proceedings, 26 March 1696 (pm), Edinburgh

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Att Edinburgh the twentie sixth day of March Jaj vic nyntie six post meridiem

D1696/3/161

Procedure: judicial proceedings

Lord Advocat to take tryell anent Phillip Alexanders murder

The Lords of his majesties privie Counsell Doe heirby awthorize Sir James Stewart his majesties Adovcat to take tryell anent the murder of Phillip Alexander who was murdered Betwuixt Leith and Edinburgh And for that effect to examine any Such persones anent the Said murder albeit ther was a committie of Counsell appointed for takeing tryell anent this murder who have alreadie examined persones for that effect with power to The Lord Advocat of new to examine persones as if ther never had bein any exammed in this mater.

Att Edinburgh the twentie sixth day of March Jaj vic nyntie six post meridiem

D1696/3/161

Procedure: judicial proceedings

Lord Advocat to take tryell anent Phillip Alexanders murder

The Lords of his majesties privie Counsell Doe heirby awthorize Sir James Stewart his majesties Adovcat to take tryell anent the murder of Phillip Alexander who was murdered Betwuixt Leith and Edinburgh And for that effect to examine any Such persones anent the Said murder albeit ther was a committie of Counsell appointed for takeing tryell anent this murder who have alreadie examined persones for that effect with power to The Lord Advocat of new to examine persones as if ther never had bein any exammed in this mater.

1. NRS, PC2/26, 149v.

1. NRS, PC2/26, 149v.

Act, 26 March 1696 (pm), Edinburgh

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Att Edinburgh the twentie sixth day of March Jaj vic nyntie six post meridiem

D1696/3/151

Act

Act The Laird of Wdney and his tennents

Anent the petitione given in to the Lords of his majesties privie Counsell be Alexander Wdney of that ilk Shewing That wher ther is Letters of Reconventione raised at the instance of Mr James Gardone intruder in Foveran against the petitioner the said Alexander Wdney his Spouse and a great number of poor people his tenents and Servants in the said paroch to answer befor the saids Lords of privie Counsell the seventh of Aprile next for ther pretended hunding out and interrupting him in the exercise of his ministrie And seing the same is altogether malicious and the Seasone of the yeir and great distance of place not allowing Such a great number of poor people (being Labourers of the grownd) to Leave ther Laboure and Service without ther wtter rwine And therfore humbly craveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the Saids Lords of privie Counsell They heirby dispense with the petitioners Spouse tennents and Servants ther compeareance in the said above proces albeit they Shall be cited therto And allowes the petitioner to compeare for the haill defenders he being allwayes lyable to obtempter and fullfill any Sentance of Counsell which Shall be given or pronunced against the persones cited and not compeareing

Att Edinburgh the twentie sixth day of March Jaj vic nyntie six post meridiem

D1696/3/151

Act

Act The Laird of Wdney and his tennents

Anent the petitione given in to the Lords of his majesties privie Counsell be Alexander Wdney of that ilk Shewing That wher ther is Letters of Reconventione raised at the instance of Mr James Gardone intruder in Foveran against the petitioner the said Alexander Wdney his Spouse and a great number of poor people his tenents and Servants in the said paroch to answer befor the saids Lords of privie Counsell the seventh of Aprile next for ther pretended hunding out and interrupting him in the exercise of his ministrie And seing the same is altogether malicious and the Seasone of the yeir and great distance of place not allowing Such a great number of poor people (being Labourers of the grownd) to Leave ther Laboure and Service without ther wtter rwine And therfore humbly craveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the Saids Lords of privie Counsell They heirby dispense with the petitioners Spouse tennents and Servants ther compeareance in the said above proces albeit they Shall be cited therto And allowes the petitioner to compeare for the haill defenders he being allwayes lyable to obtempter and fullfill any Sentance of Counsell which Shall be given or pronunced against the persones cited and not compeareing

1. NRS, PC2/26, 149r-149v.

1. NRS, PC2/26, 149r-149v.

Sederunt, 26 March 1696 (pm), Edinburgh

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Att Edinburgh the twentie sixth day of March Jaj vic nyntie six post meridiem1

D1696/3/142

Sederunt

Lord Chancellor; Duke of Qweensberrie; Earl of Argwyle; Earl of Southerland; Earl of Lauderdale; Earl of Annandale; Earl of Forfar; Earl of Kintore; Lord Murray; Lord Yester; Lord Carmichael; Lord Advocat; Lord Justiceclerk; Lord Fountainhall; Lord Anstruther; Laird of Grant; Laird of Blackbarrony; Laird of Stevensone; Laird of Pollock; Sir Thomas Livingstoun; Sir George Campbell; Proveist of Edinburgh

Att Edinburgh the twentie sixth day of March Jaj vic nyntie six post meridiem1

D1696/3/142

Sederunt

Lord Chancellor; Duke of Qweensberrie; Earl of Argwyle; Earl of Southerland; Earl of Lauderdale; Earl of Annandale; Earl of Forfar; Earl of Kintore; Lord Murray; Lord Yester; Lord Carmichael; Lord Advocat; Lord Justiceclerk; Lord Fountainhall; Lord Anstruther; Laird of Grant; Laird of Blackbarrony; Laird of Stevensone; Laird of Pollock; Sir Thomas Livingstoun; Sir George Campbell; Proveist of Edinburgh

1. NRS, PC2/26, 149r.

2. NRS, PC2/26, 149r.

1. NRS, PC2/26, 149r.

2. NRS, PC2/26, 149r.

Order, 26 March 1696 (pm), Edinburgh

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[26 March 1696] Eodem die postmeridiem

A1696/3/1741

Order

Anent mentaining the Horses

Sir Thomas Livingstoune Commander in Cheiff of his Majesties forces within this Kingdome haveing acquainted the Councill That the Commissaries of the armie have signified to him That the provisions they had for the Horses were almost altogether Consumed and eaten up so they will quicklie stand in need of fresh provisions The Lord Chancellor made answere That the Thesaurie would take Care To Cause the Commissaries make provisiones for them untill the next week

[26 March 1696] Eodem die postmeridiem

A1696/3/1741

Order

Anent mentaining the Horses

Sir Thomas Livingstoune Commander in Cheiff of his Majesties forces within this Kingdome haveing acquainted the Councill That the Commissaries of the armie have signified to him That the provisions they had for the Horses were almost altogether Consumed and eaten up so they will quicklie stand in need of fresh provisions The Lord Chancellor made answere That the Thesaurie would take Care To Cause the Commissaries make provisiones for them untill the next week

1. NRS, PC1/50, 435-6.

1. NRS, PC1/50, 435-6.

Act, 26 March 1696 (pm), Edinburgh

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[26 March 1696] Eodem die postmeridiem

A1696/3/1721

Act

Act for delyvering Recruits to Flanders officers

Sir Thomas Livingstone Commander in Cheiff of his majesties Forces within this Kingdome Haveing represented That the three hundred and fiftie recruits which were driven back by Contrarie winds are by warrand of the Councill devyded among four of the standing Regiments out of which they were drawen and that some of them are dead and some of them have deserted, and that he hes a lyne from Sir James Oglivie one of the principall Secretaries of State signifieing it is his Majesties pleasure That these recruits be yet transported to Flanders The Lords of his Majesties privie Councill doe Hereby ordaine the officers of the Regiments to which the said Recruits were returned back To delyver these recruits man for man of what they received To the Flanders officers to whom they were formerlie delyvered or to any other persone Haveing their warrand to receive them for their use.

[26 March 1696] Eodem die postmeridiem

A1696/3/1731

Act

Act for delyvering Recruits to Flanders officers

Sir Thomas Livingstone Commander in Cheiff of his majesties Forces within this Kingdome Haveing represented That the three hundred and fiftie recruits which were driven back by Contrarie winds are by warrand of the Councill devyded among four of the standing Regiments out of which they were drawen and that some of them are dead and some of them have deserted, and that he hes a lyne from Sir James Oglivie one of the principall Secretaries of State signifieing it is his Majesties pleasure That these recruits be yet transported to Flanders The Lords of his Majesties privie Councill doe Hereby ordaine the officers of the Regiments to which the said Recruits were returned back To delyver these recruits man for man of what they received To the Flanders officers to whom they were formerlie delyvered or to any other persone Haveing their warrand to receive them for their use.

1. NRS, PC1/50, 435.

1. NRS, PC1/50, 435.

Act, 26 March 1696 (pm), Edinburgh

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[26 March 1696] Eodem die postmeridiem

A1696/3/1721

Act

Act Hamilton of Barnes as Shirriff Deput of Dumbartoune

The Lords of his majesties privie Councill doe hereby declaire Claud Hamilton of Barns who by a Commissione from their Lordships is appoynted Shirriff deput within the shyre of Dumbartoune not to be Lyable to make equies for the said Shyre for any tyme preceding his entrie to be deput only upon the account of the publick service this present exigence requyres

[26 March 1696] Eodem die postmeridiem

A1696/3/1721

Act

Act Hamilton of Barnes as Shirriff Deput of Dumbartoune

The Lords of his majesties privie Councill doe hereby declaire Claud Hamilton of Barns who by a Commissione from their Lordships is appoynted Shirriff deput within the shyre of Dumbartoune not to be Lyable to make equies for the said Shyre for any tyme preceding his entrie to be deput only upon the account of the publick service this present exigence requyres

1. NRS, PC1/50, 435.

1. NRS, PC1/50, 435.

Act, 26 March 1696 (pm), Edinburgh

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[26 March 1696] Eodem die postmeridiem

A1696/3/1711

Act

Liberatione James Lithgow

Anent the petitione given in to the Lords of his Majesties privie Councill by James Lithgow merchant in Edinburgh Shewing That being at the randivouze at the militia at Leith, and finding John Hamilton his servant with the petitioner’s cloaths on his back, William Mccrie and Andrew Philip his other servants and who were all under Indentours and had deserted his service and taken on as militiamen The petitioner was transported with passione and wished them to be exposed to the greatest dangers and so far as he remembers he did express rashly wished them to be carried to Flanders which some bystander not knoweing the offence given to the said petitioner or his interest in these men applyed the Expressione to the whole militia and so informed the Earle of Lauderdale who thereupon justly Caused incarcerat the petitioner whereas he was readdie to depone before the said Lords that he never had any injurious or discouradgeing thought in relatione to the militia or his Majesties interest but only against his owne apprentices who had deserted his service And therfore Humbly Craveing the said Lords to take noe offence at his rash expressione wherein he had noe evill designe and to Liberat him from prisone as the said petitione at lenth bears The Lords of his majesties privie Councill Haveing considered the foresaid petitione given in to them by the said James Lithgow They Hereby give ordor and warrant to the magistrats of Edinburgh and keeper of ther Tolbooth to set at Libertie furth thereof the said James Lithgow presently prisoner therein, for which this shall be a sufficient warrant.

[26 March 1696] Eodem die postmeridiem

A1696/3/1711

Act

Liberatione James Lithgow

Anent the petitione given in to the Lords of his Majesties privie Councill by James Lithgow merchant in Edinburgh Shewing That being at the randivouze at the militia at Leith, and finding John Hamilton his servant with the petitioner’s cloaths on his back, William Mccrie and Andrew Philip his other servants and who were all under Indentours and had deserted his service and taken on as militiamen The petitioner was transported with passione and wished them to be exposed to the greatest dangers and so far as he remembers he did express rashly wished them to be carried to Flanders which some bystander not knoweing the offence given to the said petitioner or his interest in these men applyed the Expressione to the whole militia and so informed the Earle of Lauderdale who thereupon justly Caused incarcerat the petitioner whereas he was readdie to depone before the said Lords that he never had any injurious or discouradgeing thought in relatione to the militia or his Majesties interest but only against his owne apprentices who had deserted his service And therfore Humbly Craveing the said Lords to take noe offence at his rash expressione wherein he had noe evill designe and to Liberat him from prisone as the said petitione at lenth bears The Lords of his majesties privie Councill Haveing considered the foresaid petitione given in to them by the said James Lithgow They Hereby give ordor and warrant to the magistrats of Edinburgh and keeper of ther Tolbooth to set at Libertie furth thereof the said James Lithgow presently prisoner therein, for which this shall be a sufficient warrant.

1. NRS, PC1/50, 434-5.

1. NRS, PC1/50, 434-5.

Act, 26 March 1696 (pm), Edinburgh

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[26 March 1696] Eodem die postmeridiem

A1696/3/1701

Act

Liberatione Merchistone and Commistoune

The Lords of his majesties privie Councill doe hereby give ordor and warrand To the Magistrats of Edinburgh and keeper of ther Tolbooth To set at Libertie furth thereof Master James Lowis of Merchistoune and Patrick Porterfeild of Comistone presently prisoners therein In respect they have given bond and found sufficient 2 Cautione acted in the books of privie Councill That they shall Live peaceablie under and with all submissione to the present government of his Majesties King William and that they shall not act consult or Contrive any thing in prejudice therof nor shall not converse nor correspond with any Rebells and that they shall appear before the saids Lords when called for under the penalties following viz The said Mr James Lowes under the penalty of ane Hundred pound sterling and the said Patrick Porterfeild under the penalty of fiftie pound sterling In case they shall transgress in any part of the premisses and upon granting their New bonds appoynts their former bonds to be given up.

[26 March 1696] Eodem die postmeridiem

A1696/3/1701

Act

Liberatione Merchistone and Commistoune

The Lords of his majesties privie Councill doe hereby give ordor and warrand To the Magistrats of Edinburgh and keeper of ther Tolbooth To set at Libertie furth thereof Master James Lowis of Merchistoune and Patrick Porterfeild of Comistone presently prisoners therein In respect they have given bond and found sufficient 2 Cautione acted in the books of privie Councill That they shall Live peaceablie under and with all submissione to the present government of his Majesties King William and that they shall not act consult or Contrive any thing in prejudice therof nor shall not converse nor correspond with any Rebells and that they shall appear before the saids Lords when called for under the penalties following viz The said Mr James Lowes under the penalty of ane Hundred pound sterling and the said Patrick Porterfeild under the penalty of fiftie pound sterling In case they shall transgress in any part of the premisses and upon granting their New bonds appoynts their former bonds to be given up.

1. NRS, PC1/50, 433-4.

2. Several illegible words scored out here.

1. NRS, PC1/50, 433-4.

2. Several illegible words scored out here.

Warrant, 26 March 1696 (pm), Edinburgh

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[26 March 1696] Eodem die postmeridiem

A1696/3/1691

Warrant

Warrand for Letters ceitt Lord Drummond

The Lords of his majesties privie Councill appoynts their Clerks To give out Letters for ceitting the Lord Drumond who being seized made his escape to appear before the Councill conforme to a note to be given in to them by his majesties Advocat for draweing these Letters.

[26 March 1696] Eodem die postmeridiem

A1696/3/1691

Warrant

Warrand for Letters ceitt Lord Drummond

The Lords of his majesties privie Councill appoynts their Clerks To give out Letters for ceitting the Lord Drumond who being seized made his escape to appear before the Councill conforme to a note to be given in to them by his majesties Advocat for draweing these Letters.

1. NRS, PC1/50, 433.

1. NRS, PC1/50, 433.

Procedure, 26 March 1696 (pm), Edinburgh

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[26 March 1696] Eodem die postmeridiem

A1696/3/1681

Procedure

Vote and Comittie anent the associatione

The draught of the associatione being againe read and it haveing been argued That it were fitt this affaire of associating were represented to the King before it be determined in Councill It went to the vote represent or proceed, and was carried represent and the Councill recomends to the Lord Advocat and Fountonhall to draw a memoriall of all that hes past in this affaire and delyver the same to the Lord Murray principall Secretarie of State presently upon the place to be transmitted by his Lordship to the Kings Majestie That his pleasure may be knowen in the matter.

[26 March 1696] Eodem die postmeridiem

A1696/3/1681

Procedure

Vote and Comittie anent the associatione

The draught of the associatione being againe read and it haveing been argued That it were fitt this affaire of associating were represented to the King before it be determined in Councill It went to the vote represent or proceed, and was carried represent and the Councill recomends to the Lord Advocat and Fountonhall to draw a memoriall of all that hes past in this affaire and delyver the same to the Lord Murray principall Secretarie of State presently upon the place to be transmitted by his Lordship to the Kings Majestie That his pleasure may be knowen in the matter.

1. NRS, PC1/50, 433.

1. NRS, PC1/50, 433.