Tag Archives: 28 May 1695

Warrant, 28 May 1695, Edinburgh

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Att Hollyruidhouse Tuesday the 28th May 1695

D1695/5/91

Warrant

Warrand to Sir William Douglass

His Majesties high Commissioner and the Lords of his Majesties privy Councill Doe heirby Authorize Collonell Sir William Douglass To raise the number of men following out of the shyres aftermentioned Viz six men out of the shire of Edinburgh, To out of the shyre of Haddingtoune, Thrie men out of the shyre of Berwick, one man out of the shyre of Roxburgh Two men out of the shyre of Wigtoune Two men out of the shyre of Air Fyftein men out of the shyre of Lanerk four men out of the shyre of Pearth Six men out of the shyre of Dumbartone In place of the Like numbers of men2 appointed 3 to have been put out of the respective shyres forsaids in the late Levies which are not put out and that at the sight of the Commissioner of Supply within the said respective shyres The saids Commissioners allwayes Designing to the said Collonell the places out of which to raise the particular men.

Att Hollyruidhouse Tuesday the 28th May 1695

D1695/5/91

Warrant

Warrand to Sir William Douglass

His Majesties high Commissioner and the Lords of his Majesties privy Councill Doe heirby Authorize Collonell Sir William Douglass To raise the number of men following out of the shyres aftermentioned Viz six men out of the shire of Edinburgh, To out of the shyre of Haddingtoune, Thrie men out of the shyre of Berwick, one man out of the shyre of Roxburgh Two men out of the shyre of Wigtoune Two men out of the shyre of Air Fyftein men out of the shyre of Lanerk four men out of the shyre of Pearth Six men out of the shyre of Dumbartone In place of the Like numbers of men2 appointed 3 to have been put out of the respective shyres forsaids in the late Levies which are not put out and that at the sight of the Commissioner of Supply within the said respective shyres The saids Commissioners allwayes Designing to the said Collonell the places out of which to raise the particular men.

1. NRS, PC2/25, 245r-245v.

2. The words ‘of men’ are an insertion.

3. The word ‘In’ scored out here.

1. NRS, PC2/25, 245r-245v.

2. The words ‘of men’ are an insertion.

3. The word ‘In’ scored out here.

Act, 28 May 1695, Edinburgh

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Att Hollyruidhouse Tuesday the 28th May 1695

D1695/5/81

Act

Act The Creditors of Wamphrey

Anent the petition given in to the Lords of his Majesties privy Councill be the Childrein of umquhill James Johnston of Skeens Robert Johnstone of Hiltoune Patrick Johnstone merchant burges of Edinburgh Thomas Hamiltone late baillie ther Robert Johnstone of Straittone and James Naesmith under toune Clerk of Edinburgh and in name of the rest of the Creditors of Wamphrey Shewing That William Johnstone of Wamphrey gave in a bill to ther Lordships lately representing that Mr George Dicksone of Buchtrig manager of his and Ladies law affairs hade trust of his wholl wrytes and particularly of severall blank assinationes to diverse debts affecting the estate of Wamphrey and which Wamphrey himself hade payed as appeared to their Lordships by ane aknowledgment under Mr Dicksones hand, and that he hade notwithstanding refused to delyver them up to Wamphrey with the rest of his papers in order to ane Setlement with his Creditors Which the said Mr George Dicksone has abstracted these many years and therfore Craved ther Lordships assistance that the said Mr George his Cabinats might be sequestrat in the baillies of the abbayes hands in which place they were standing and that they might be inspected and Inventared by one of the Clerks of Councill whom ther Lordships should name and such papers as Wamphrey himself might be put in one of the saids Clerks hands for his oun behoove which ther Lordships most Justly granted In respect that Buchtrig is not only out of his Imploy as advocat But also become bankrupt so that his Creditors might have hade access to the saids blank assignationes to the great detriment to Wamphrey and his Creditors But Such is Wamphreys Levity that he has suferred himself to be Imposed on be Bouchtrig and by his Lady to Condescend without inspectione and for any thing the petitioners knowes to destroy the said blank assignationes or fill up persones names therin and to that effect has been dealling with the baillie of the abbay in whose hands they are now sequestrat by vertue of the said order till inspection be made therof, Which he most Justly refused to Grant And Seing the petitioners Creditors forsaids are all of them nearly concerned to see that the said papers be narowly inspected not only because of the severall Clandastine Conveyances the said Mr Dicksone has made of the estate of Wamphrey so that non of the petitioners can obtaine ane six pence of annualrent or principall these twentie thrie years by past of the Escheat bot alsoe because some of the petitioners has actually adjudged some of the said blank assinationes particularly baillie Thomas Hamiltone and Likewayes seing that the said Mr George Dicksone and Wamphrey refuses the petitioners the Liberty to be present at the said inspectione And Therfore humbly Craveing the saids Lords to adhere to ther former act of sequestratione and to grant warrand to the saids Creditors to be present at the said inspectione and to order that what papers are found in the said Cabinet that may make a discovery of the said Clandistine and fraudelent Conveyances to the petitioners so great damnadge Togither with the said blank assinationes grounds and warrands therof may be Inventared and sequestrat in the hands of the Clerks of privy Councill to be made furthcomeing to the petitioners use and behoove as the petitione bears His Majesties high Commissioner and the Lords of privy Councill having Considered the above petitione given in to them be the above Creditors of Wamphrey They heirby adhear to ther former act of sequestration and Grants Warrand to the saids Creditors to be present at inspecting of the above wrytes, And Ordaines the wrytes in the above Cabinets such of them as may make discovery of the above Clandestine and fraudulent Conveyances Togither with blank assignationes grounds and Warrands therof to be Inventared and sequestrat in the hands of the Clerks of privy Councill To be made furthcomeing for the use of the saids Creditors.

Att Hollyruidhouse Tuesday the 28th May 1695

D1695/5/81

Act

Act The Creditors of Wamphrey

Anent the petition given in to the Lords of his Majesties privy Councill be the Childrein of umquhill James Johnston of Skeens Robert Johnstone of Hiltoune Patrick Johnstone merchant burges of Edinburgh Thomas Hamiltone late baillie ther Robert Johnstone of Straittone and James Naesmith under toune Clerk of Edinburgh and in name of the rest of the Creditors of Wamphrey Shewing That William Johnstone of Wamphrey gave in a bill to ther Lordships lately representing that Mr George Dicksone of Buchtrig manager of his and Ladies law affairs hade trust of his wholl wrytes and particularly of severall blank assinationes to diverse debts affecting the estate of Wamphrey and which Wamphrey himself hade payed as appeared to their Lordships by ane aknowledgment under Mr Dicksones hand, and that he hade notwithstanding refused to delyver them up to Wamphrey with the rest of his papers in order to ane Setlement with his Creditors Which the said Mr George Dicksone has abstracted these many years and therfore Craved ther Lordships assistance that the said Mr George his Cabinats might be sequestrat in the baillies of the abbayes hands in which place they were standing and that they might be inspected and Inventared by one of the Clerks of Councill whom ther Lordships should name and such papers as Wamphrey himself might be put in one of the saids Clerks hands for his oun behoove which ther Lordships most Justly granted In respect that Buchtrig is not only out of his Imploy as advocat But also become bankrupt so that his Creditors might have hade access to the saids blank assignationes to the great detriment to Wamphrey and his Creditors But Such is Wamphreys Levity that he has suferred himself to be Imposed on be Bouchtrig and by his Lady to Condescend without inspectione and for any thing the petitioners knowes to destroy the said blank assignationes or fill up persones names therin and to that effect has been dealling with the baillie of the abbay in whose hands they are now sequestrat by vertue of the said order till inspection be made therof, Which he most Justly refused to Grant And Seing the petitioners Creditors forsaids are all of them nearly concerned to see that the said papers be narowly inspected not only because of the severall Clandastine Conveyances the said Mr Dicksone has made of the estate of Wamphrey so that non of the petitioners can obtaine ane six pence of annualrent or principall these twentie thrie years by past of the Escheat bot alsoe because some of the petitioners has actually adjudged some of the said blank assinationes particularly baillie Thomas Hamiltone and Likewayes seing that the said Mr George Dicksone and Wamphrey refuses the petitioners the Liberty to be present at the said inspectione And Therfore humbly Craveing the saids Lords to adhere to ther former act of sequestratione and to grant warrand to the saids Creditors to be present at the said inspectione and to order that what papers are found in the said Cabinet that may make a discovery of the said Clandistine and fraudelent Conveyances to the petitioners so great damnadge Togither with the said blank assinationes grounds and warrands therof may be Inventared and sequestrat in the hands of the Clerks of privy Councill to be made furthcomeing to the petitioners use and behoove as the petitione bears His Majesties high Commissioner and the Lords of privy Councill having Considered the above petitione given in to them be the above Creditors of Wamphrey They heirby adhear to ther former act of sequestration and Grants Warrand to the saids Creditors to be present at inspecting of the above wrytes, And Ordaines the wrytes in the above Cabinets such of them as may make discovery of the above Clandestine and fraudulent Conveyances Togither with blank assignationes grounds and Warrands therof to be Inventared and sequestrat in the hands of the Clerks of privy Councill To be made furthcomeing for the use of the saids Creditors.

1. NRS, PC2/25, 244r-245r.

1. NRS, PC2/25, 244r-245r.

Act, 28 May 1695, Edinburgh

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Att Hollyruidhouse Tuesday the 28th May 1695

D1695/5/71

Act

Act The Magistrats of Frasersburgh

Anent the petition given in to His Majesties high Commissioner and Lords of privy Councill be John Cheyne and Thomas Mitchell baillies of the burgh of Frazersburgh Shewing That quher it is nottourly knowen That the harbour of the toune of Frazersburgh is of great use to all who trade in the north Countrey the same being the safest port upon the east Ocean betwixt the South and Murray Firths But it being a long time since the said Harbour was built and the Communitie being poor the same is in hazard of ruine the timber work therof being much failled And it is of Generall concerne to all the kingdome But more particularly to the adjacent Countries that the said harbour be repaired, And the paroch of Tyrie being the nixt adjacent paroch and the Church therof vaccant and ther being no pious uses within that Paroch (The Church being repaired allready by the Stipend) It is most Just that a part of the said stipends should be given for repairing of their harbour and the Lord Salton Who is patron of the said Church is willing to give his Consent That they may have ane thousand merks of the said Stipend provyding they find suficient Cautione to Imploy the same for the use a forsaid and that ther Lordships would authorize him for that effect And Therfore humbly Craveing the saids Lords would take the premisses to ther Consideratione and to appoint and authorize the said Lord Saltoune to dispose of ane thousand merks of the said vaccant stipends for reparatione of the said Harbour and to ordaine the Same to be payed in to the petitioners by the heritors and others Lyable in payment and for that effect to Grant letters of horning and other executions needfull the petitioner being willing to find suficient Cautione for the due applicatione in maner above mentioned as the petitione bears His Majesties high Commissioner and the Lords of privy Councill having Considered this petition given in to them be the above John Cheyne and Thomas Mitchell bailies of Frazersburgh with the Lord Saltoune patron of the kirk of Tirey his Consent written upon the end therof They heirby appoint and Authorize the said Lord Saltoune to dispose of ane Thousand merks of the vaccand stipend of Tyrie for reparation of the harbour of Frazersburgh and nominats and appoints Alexander Andersone merchant in Frazersburgh to be factor for uplifting of the said soume of ane Thousand merks scots And Ordaines the heritors lyfrentars Wodsetters titullars tacksmen of teynds tennants and possessors and others Lyable in payment of the said vaccant stipend of Tyrie To make payment to the said factor of the said soume of ane Thousand merks furth of the said vaccand stipend, The said factor first before extracting heirof having given bond and found sufficient Cautione acted in the books of privy Councill That he shall apply he said Soume of ane thousand merks to be Collected be him as said is upon the repairatione of the above Harbour of Frazersburgh and that he shall make furth comeing to the saids Lords of privy Councill of such as they shall appoint the superplus of the said thousand merks if any shall be remaineing after the reparation of the said harbour And Ordaines letters of horning under the Signet of Councill to be direct at the instance of the said factor against the heritor and others forsaids Lyable in payment of the said vaccant stipend upon productione of a decreet of Locallity and incase ther be non Ordaines the heritors and others forsaid to make payment of ther respective proportiones of the said vaccant stipend According as they shall be decerned be the Judge Ordinary.

Att Hollyruidhouse Tuesday the 28th May 1695

D1695/5/71

Act

Act The Magistrats of Frasersburgh

Anent the petition given in to His Majesties high Commissioner and Lords of privy Councill be John Cheyne and Thomas Mitchell baillies of the burgh of Frazersburgh Shewing That quher it is nottourly knowen That the harbour of the toune of Frazersburgh is of great use to all who trade in the north Countrey the same being the safest port upon the east Ocean betwixt the South and Murray Firths But it being a long time since the said Harbour was built and the Communitie being poor the same is in hazard of ruine the timber work therof being much failled And it is of Generall concerne to all the kingdome But more particularly to the adjacent Countries that the said harbour be repaired, And the paroch of Tyrie being the nixt adjacent paroch and the Church therof vaccant and ther being no pious uses within that Paroch (The Church being repaired allready by the Stipend) It is most Just that a part of the said stipends should be given for repairing of their harbour and the Lord Salton Who is patron of the said Church is willing to give his Consent That they may have ane thousand merks of the said Stipend provyding they find suficient Cautione to Imploy the same for the use a forsaid and that ther Lordships would authorize him for that effect And Therfore humbly Craveing the saids Lords would take the premisses to ther Consideratione and to appoint and authorize the said Lord Saltoune to dispose of ane thousand merks of the said vaccant stipends for reparatione of the said Harbour and to ordaine the Same to be payed in to the petitioners by the heritors and others Lyable in payment and for that effect to Grant letters of horning and other executions needfull the petitioner being willing to find suficient Cautione for the due applicatione in maner above mentioned as the petitione bears His Majesties high Commissioner and the Lords of privy Councill having Considered this petition given in to them be the above John Cheyne and Thomas Mitchell bailies of Frazersburgh with the Lord Saltoune patron of the kirk of Tirey his Consent written upon the end therof They heirby appoint and Authorize the said Lord Saltoune to dispose of ane Thousand merks of the vaccand stipend of Tyrie for reparation of the harbour of Frazersburgh and nominats and appoints Alexander Andersone merchant in Frazersburgh to be factor for uplifting of the said soume of ane Thousand merks scots And Ordaines the heritors lyfrentars Wodsetters titullars tacksmen of teynds tennants and possessors and others Lyable in payment of the said vaccant stipend of Tyrie To make payment to the said factor of the said soume of ane Thousand merks furth of the said vaccand stipend, The said factor first before extracting heirof having given bond and found sufficient Cautione acted in the books of privy Councill That he shall apply he said Soume of ane thousand merks to be Collected be him as said is upon the repairatione of the above Harbour of Frazersburgh and that he shall make furth comeing to the saids Lords of privy Councill of such as they shall appoint the superplus of the said thousand merks if any shall be remaineing after the reparation of the said harbour And Ordaines letters of horning under the Signet of Councill to be direct at the instance of the said factor against the heritor and others forsaids Lyable in payment of the said vaccant stipend upon productione of a decreet of Locallity and incase ther be non Ordaines the heritors and others forsaid to make payment of ther respective proportiones of the said vaccant stipend According as they shall be decerned be the Judge Ordinary.

1. NRS, PC2/25, 243r-244r.

1. NRS, PC2/25, 243r-244r.

Act, 28 May 1695, Edinburgh

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Att Hollyruidhouse Tuesday the 28th May 1695

D1695/5/61

Act

Act The Earl of Roxburgh

Anent the petition given in to the Lord high Commissioner and Lords of his majesties privy Councill be Robert Earle of Roxburgh Shewing That wher ther are severall ruinous housses in Kelsoe Lying in the publict marcat place still in ashes since the late accidentall fire that hapned ther and the heritors of these housses are so extreamly depauperat and redacted to such penury that it is Imposible for them to rebuild any part therof Which moved the petitioner as Superior of the said toune with Concourse of the petitioners Curators to make ane purchase of the ground from severall heritors pretending right therto, To the effect ther might be a Tolbooth built upon that waistground for Decoreing of the marcat place, The expences quherof will extend to ane Considerable Soume, and no profit can redound to the petitioners therby, And seing the building therof is a publict concerne and will prove a great ornament to the Marcat place, And that ther yet remaines in the petitioners hand and ane year and ane halfs vacant stipend preceiding Whitsunday Jaj vjc nyntie four due by the petitioner himself in the paroch of Selkirk quherof the petitioner Is undoubted patron It was hoped that the saids Lords would be pleased to Authorize him to bestow the said year and ane half vaccand stipend of Selkirk due by himself for building of the said Tolbooth as the saids Lords hade allready done In favors of the Toune of Pearth which will defray but ane small part of the Charges And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned His Majesties high Commissioner and Lords of privy Councill Having Considered this petition given in to them be the above Earle of Roxburgh They heirby authorize the Earle the petitioner to Imploy the vaccand stipend of the above kirk of Selkirk for ane year and ane half preceiding Whitsunday Jaj vjc nyntie four years due by the Earle himself towards the building of a Tolbooth in the marcat place of Kelsoe.

Att Hollyruidhouse Tuesday the 28th May 1695

D1695/5/61

Act

Act The Earl of Roxburgh

Anent the petition given in to the Lord high Commissioner and Lords of his majesties privy Councill be Robert Earle of Roxburgh Shewing That wher ther are severall ruinous housses in Kelsoe Lying in the publict marcat place still in ashes since the late accidentall fire that hapned ther and the heritors of these housses are so extreamly depauperat and redacted to such penury that it is Imposible for them to rebuild any part therof Which moved the petitioner as Superior of the said toune with Concourse of the petitioners Curators to make ane purchase of the ground from severall heritors pretending right therto, To the effect ther might be a Tolbooth built upon that waistground for Decoreing of the marcat place, The expences quherof will extend to ane Considerable Soume, and no profit can redound to the petitioners therby, And seing the building therof is a publict concerne and will prove a great ornament to the Marcat place, And that ther yet remaines in the petitioners hand and ane year and ane halfs vacant stipend preceiding Whitsunday Jaj vjc nyntie four due by the petitioner himself in the paroch of Selkirk quherof the petitioner Is undoubted patron It was hoped that the saids Lords would be pleased to Authorize him to bestow the said year and ane half vaccand stipend of Selkirk due by himself for building of the said Tolbooth as the saids Lords hade allready done In favors of the Toune of Pearth which will defray but ane small part of the Charges And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned His Majesties high Commissioner and Lords of privy Councill Having Considered this petition given in to them be the above Earle of Roxburgh They heirby authorize the Earle the petitioner to Imploy the vaccand stipend of the above kirk of Selkirk for ane year and ane half preceiding Whitsunday Jaj vjc nyntie four years due by the Earle himself towards the building of a Tolbooth in the marcat place of Kelsoe.

1. NRS, PC2/25, 242v-243r.

1. NRS, PC2/25, 242v-243r.

Sederunt, 28 May 1695, Edinburgh

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Att Hollyruidhouse Tuesday the 28th May 16951

D1695/5/52

Sederunt

His Majesties Commissioner; Earl of Anandale pres; Earl of Melvill p: Seall; Duke of Queensberry; Earl of Argyll; Earl of Erroll; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Kintoir; Earl of Brodalbine; Lord Murray; Lord Yester; Viscount Tarbat; Lord Strathnaver; Lord Raith T: d:; Lord Ross; Lord Beilhaven; Lord Carmicheall; Mr Johnston Secretary; Lord Advocat; Lord Justice Clark; Lord Enstruther; Mr Fra: Montgomry; Laird of Grant; Laird of Blackbarony; Laird of Pollock; Sir Thomas Livingstone

Att Hollyruidhouse Tuesday the 28th May 16951

D1695/5/52

Sederunt

His Majesties Commissioner; Earl of Anandale pres; Earl of Melvill p: Seall; Duke of Queensberry; Earl of Argyll; Earl of Erroll; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Kintoir; Earl of Brodalbine; Lord Murray; Lord Yester; Viscount Tarbat; Lord Strathnaver; Lord Raith T: d:; Lord Ross; Lord Beilhaven; Lord Carmicheall; Mr Johnston Secretary; Lord Advocat; Lord Justice Clark; Lord Enstruther; Mr Fra: Montgomry; Laird of Grant; Laird of Blackbarony; Laird of Pollock; Sir Thomas Livingstone

1. NRS, PC2/25, 242v.

2. NRS, PC2/25, 242v.

1. NRS, PC2/25, 242v.

2. NRS, PC2/25, 242v.

Warrant, 28 May 1695, Edinburgh

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At Holyrudhouse the tuenty eight day of May one thousand sex Hundred nynty and fyve years

A1695/5/271

Warrant

Warrand to give up Findlaysons bond

His majesties High Comissioner and Lords of privy Councill Doe Hereby give ordor and warrand To the Clerks of privy Councill To delyver up to William Finlaysone wright late prisoner in the Tolbooth of Edinburgh upon the account of the Late Rable in Edinburgh the bond granted by him and his Cautioners for his peaceable behaviour and appearance when called for containing two Hundred pound scots of penaltie dated the nynteenth day of Apryll last

At Holyrudhouse the tuenty eight day of May one thousand sex Hundred nynty and fyve years

A1695/5/271

Warrant

Warrand to give up Findlaysons bond

His majesties High Comissioner and Lords of privy Councill Doe Hereby give ordor and warrand To the Clerks of privy Councill To delyver up to William Finlaysone wright late prisoner in the Tolbooth of Edinburgh upon the account of the Late Rable in Edinburgh the bond granted by him and his Cautioners for his peaceable behaviour and appearance when called for containing two Hundred pound scots of penaltie dated the nynteenth day of Apryll last

1. NRS, PC1/50, 202.

1. NRS, PC1/50, 202.

Commission by the Council, 28 May 1695, Edinburgh

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At Holyrudhouse the tuenty eight day of May one thousand sex Hundred nynty and fyve years

A1695/5/261

Commission by the Council

[Judicial commission Margaret Mckean for child murder]

His majesties high Commissioner and the Lords of his majesties privy Councill being informed That Margaret Mckean in Couperhill in the paroch of Keith is presently prisoner in the Tolbooth of Bamffe as alleadged guilty of murdering her owne Child brough furth by her in Apryl last and Considering That it will be a great daill of charges and expences to bring the said Margaret Mckean to this place in ordor to a tryall before the said Commissioners of Justitiary besyde the severall inconveniencies that may arrise by her transportatione and his Grace and their Lordships lykwise Considering That the Cryme cannot be tryed and judged by any persones in the Countrey without a warrand and Commissione from them for that effect and his Grace and their Lordships being desyreous to have the said matter brought to a trijall that the persone guiltie may receive condigne punishment and others may be deterred from Committing such Crymes in tyme comeing They doe hereby give full power warrand and Commissione To Nicolas Dumbar of Castlefeild shirriff Depute of the Shyre of Bamff Alexander Oglivie of Forglen Alexander Hay of Arnbath Master William Joass of Culenad and John Gordon Baillie of Bamff or any three of the foresaid persones whom his Grace and ther Lordships doe hereby declaire to be a sufficient quorum The said shirriff deput being alwayes one of the three To take tryall of and to Judge and doe justice upon the said Margaret Mckean present Prisoner in the said Tolbooth for the said Cryme and in ordor thereto To meet and conveen at Bamff the eleventh day of October next to come and there to accept of this present Comissione and upon ther accepting to administrate the oaths of fidelity to the persone quhom James Montgomerie of Langshaw Clerk to the Justice Court shall deput and substitut to be Clerk to this present Commissione and if the said James Montgomerie shall neglect or delay to deput or substitut a Clark as said is being requyred thereto with pouer to the said Commissioners or ther said quorum to choyse ther owne Clerk for quhom they shall be answereable With power lykewayes to the persons hereby Commissionat or ther said quorum To creat make and Constittut Serjants dempsters and other members of the said Court and To issue out and Cause raise precepts or lybells of indictment at the instance of […] procurator Fiscall of the shirriff Court of Bamff for his majesties interest in the said matter against the said Margaret Mckean for ceitting her and the assysers and witneses in the ordinary maner and under the usuall paines and certifications To compear before the said Commissioners hereby Commissionat or their said quorum at Bamff the […] day of […] with full power also to them to amerciat and fyne the absent assysers and witneses and the amerciaments and fynes to uplift for their owne use and behoove and to adjourne themselves from tyme to tyme To the effect that the Pannall being fully heared The said Commissioners or their said quorum may Judge and determine the Relevancie of the Lybell and to call ane inqueist of fourty fyve persones who are to be ceitted on the assyse of the said persone and out of that number to Choise ane assyse of fyfteen and to administrate to them the ordinary oath in the usuall tearmes and with power also to the said Commissioners or their said quorum to examine the witneses cited in presence of the said Pannall and sworen inqueist upon the poynts that shall be admitted to probatione And therafter to remitt the said Lybell and interloquitor to be given by them anent the Relevancie thereof and the depositiones of the witneses to be taken in manerforesaid to the knowledge of the said inqueist and assyse whom they appoynt to elect a Chancellor or president with a Clark and after reading and peruseing of the said indictment interloquitor to be pronounced theron and depositiones of the witneses to be taken in presence of the said pannall and assyse To find the lybell proven against the said Pannall or to assoilzie her according to Law as they will answere to God and a good Conscience That they draw up their verdict accordingly and delyver the same sealled by the hand of their Chancellor or President to the said persones or their quorum whom they hereby authorize and Commissionat to advyse the Haill proces and verdict of the inqueist with the depositiones of the witneses and to give and pronounce sentance Condemnator or absolvitor in the said matter according to Justice and in Case the said Judges shall find the said Pannall guilty of the Cryme laid to her Charge with power to the said Commissioners or their said quorum to decerne and adjudge the said pannall to be hanged or otherwayes execute within such space and after such maner as they shall think fitt And generally with full power to the said Commissioners or their said quorum to act doe and performe all and sundrie other things quhatsomever competent and incumbent to be acted, done and performed by any Commissioners of Justiciary 2 hetherto nominat and appoyntment by his Grace and the said Lords of privie Councill and they appoynt the said Commissioners or their said quorum within the space of ane moneth after pronounceing and executing of the sentance in this matter To report to the Lords Commissioners of Justiciary or to the Clerk of the Criminal Court ane authentick extract under their Hands of ther said sentance and the maner of executeing thereof to the effect they same may be recorded in the books of Justiciary Which the Clerk to the Criminall Court is hereby requyred to record therein as He will be answerable Given at Halyrudehouse the tuenty eight day of may Jaj vjc nynty and fyve years sic subscribitur Annandale p Melvill PS Argyle Erroll Southerland Mortoune Cassillis Linlithgow Lothian Forfar Kintore Breadalbane Yester

At Holyrudhouse the tuenty eight day of May one thousand sex Hundred nynty and fyve years

A1695/5/261

Commission by the Council

[Judicial commission Margaret Mckean for child murder]

His majesties high Commissioner and the Lords of his majesties privy Councill being informed That Margaret Mckean in Couperhill in the paroch of Keith is presently prisoner in the Tolbooth of Bamffe as alleadged guilty of murdering her owne Child brough furth by her in Apryl last and Considering That it will be a great daill of charges and expences to bring the said Margaret Mckean to this place in ordor to a tryall before the said Commissioners of Justitiary besyde the severall inconveniencies that may arrise by her transportatione and his Grace and their Lordships lykwise Considering That the Cryme cannot be tryed and judged by any persones in the Countrey without a warrand and Commissione from them for that effect and his Grace and their Lordships being desyreous to have the said matter brought to a trijall that the persone guiltie may receive condigne punishment and others may be deterred from Committing such Crymes in tyme comeing They doe hereby give full power warrand and Commissione To Nicolas Dumbar of Castlefeild shirriff Depute of the Shyre of Bamff Alexander Oglivie of Forglen Alexander Hay of Arnbath Master William Joass of Culenad and John Gordon Baillie of Bamff or any three of the foresaid persones whom his Grace and ther Lordships doe hereby declaire to be a sufficient quorum The said shirriff deput being alwayes one of the three To take tryall of and to Judge and doe justice upon the said Margaret Mckean present Prisoner in the said Tolbooth for the said Cryme and in ordor thereto To meet and conveen at Bamff the eleventh day of October next to come and there to accept of this present Comissione and upon ther accepting to administrate the oaths of fidelity to the persone quhom James Montgomerie of Langshaw Clerk to the Justice Court shall deput and substitut to be Clerk to this present Commissione and if the said James Montgomerie shall neglect or delay to deput or substitut a Clark as said is being requyred thereto with pouer to the said Commissioners or ther said quorum to choyse ther owne Clerk for quhom they shall be answereable With power lykewayes to the persons hereby Commissionat or ther said quorum To creat make and Constittut Serjants dempsters and other members of the said Court and To issue out and Cause raise precepts or lybells of indictment at the instance of […] procurator Fiscall of the shirriff Court of Bamff for his majesties interest in the said matter against the said Margaret Mckean for ceitting her and the assysers and witneses in the ordinary maner and under the usuall paines and certifications To compear before the said Commissioners hereby Commissionat or their said quorum at Bamff the […] day of […] with full power also to them to amerciat and fyne the absent assysers and witneses and the amerciaments and fynes to uplift for their owne use and behoove and to adjourne themselves from tyme to tyme To the effect that the Pannall being fully heared The said Commissioners or their said quorum may Judge and determine the Relevancie of the Lybell and to call ane inqueist of fourty fyve persones who are to be ceitted on the assyse of the said persone and out of that number to Choise ane assyse of fyfteen and to administrate to them the ordinary oath in the usuall tearmes and with power also to the said Commissioners or their said quorum to examine the witneses cited in presence of the said Pannall and sworen inqueist upon the poynts that shall be admitted to probatione And therafter to remitt the said Lybell and interloquitor to be given by them anent the Relevancie thereof and the depositiones of the witneses to be taken in manerforesaid to the knowledge of the said inqueist and assyse whom they appoynt to elect a Chancellor or president with a Clark and after reading and peruseing of the said indictment interloquitor to be pronounced theron and depositiones of the witneses to be taken in presence of the said pannall and assyse To find the lybell proven against the said Pannall or to assoilzie her according to Law as they will answere to God and a good Conscience That they draw up their verdict accordingly and delyver the same sealled by the hand of their Chancellor or President to the said persones or their quorum whom they hereby authorize and Commissionat to advyse the Haill proces and verdict of the inqueist with the depositiones of the witneses and to give and pronounce sentance Condemnator or absolvitor in the said matter according to Justice and in Case the said Judges shall find the said Pannall guilty of the Cryme laid to her Charge with power to the said Commissioners or their said quorum to decerne and adjudge the said pannall to be hanged or otherwayes execute within such space and after such maner as they shall think fitt And generally with full power to the said Commissioners or their said quorum to act doe and performe all and sundrie other things quhatsomever competent and incumbent to be acted, done and performed by any Commissioners of Justiciary 2 hetherto nominat and appoyntment by his Grace and the said Lords of privie Councill and they appoynt the said Commissioners or their said quorum within the space of ane moneth after pronounceing and executing of the sentance in this matter To report to the Lords Commissioners of Justiciary or to the Clerk of the Criminal Court ane authentick extract under their Hands of ther said sentance and the maner of executeing thereof to the effect they same may be recorded in the books of Justiciary Which the Clerk to the Criminall Court is hereby requyred to record therein as He will be answerable Given at Halyrudehouse the tuenty eight day of may Jaj vjc nynty and fyve years sic subscribitur Annandale p Melvill PS Argyle Erroll Southerland Mortoune Cassillis Linlithgow Lothian Forfar Kintore Breadalbane Yester

1. NRS, PC1/50, 200-2.

2. The phrase ‘or to the Clerk of the Criminall Court with an Authentick extract’ scored out here.

1. NRS, PC1/50, 200-2.

2. The phrase ‘or to the Clerk of the Criminall Court with an Authentick extract’ scored out here.

Act, 28 May 1695, Edinburgh

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At Holyrudhouse the tuenty eight day of May one thousand sex Hundred nynty and fyve years

A1695/5/251

Act

[Act changing sentence of John Mcmillan]

Anent the petitione given in to his Majesties high Comissioner and the Lords of his Majesties privy Councill by John Mcmillan Smyth prisoner in the Tolbooth of Edinburgh Shewing That where the said petitioner’s conditione is sufficiently know’n to the said Lords and that he hes been prisoner in the Tolbooth of Edinburgh now almost sex years and seeing that he hoped the said Lords were satisfied that the sentance he stands under should not be execute against him and that he hath a poor wyfe and sex Children and yet is most willing either to be removed as a Prisoner to the Castle of Edinburgh and there to worke in his trade as a smyth for his Majesties service or to be banished to Flanders to serve there as a souldier And therfore humbly2 Craveing the said Lords might Commiserat his conditione and either to change his imprisonment or banish him to Flanders both for his majesties service as the said Lords should see Cause as the said petitione bears.
His majesties high Commissioner and the Lords of privy Councill haveing considered the foresaid petitione given in to them by the said John McMillane They Hereby change the sentance of death pronounced against the said petitioner by the Lords Commissioners of Justiciary into Banishment and hereby banish the said petitioner furth of his majesties Dominions and Discharges him to returne within the same In respect the said petitioner hes inacted himself in the books of privy Councill That He should depart furth of these dominions and never returne to the same under the paine of haveing the foresaid sentance of death formerly pronounced against him put to executione without farder delay or any hope of mercie and appoynts him To depairt out of the Dominions betwixt and the first day of July next And gives ordor and warrand to the magistrats of Edinburgh and Keeper of their Tolbooth to sett the said petitioner furth thereof upon inacting himself as said is sic subscribitur Annandale p 3 Melvill Argyle Southerland Leven Raith Carmichaell J Johnstoune James Stueart Fr Montgomorie Adam Cockburne Lodovick Grant

At Holyrudhouse the tuenty eight day of May one thousand sex Hundred nynty and fyve years

A1695/5/251

Act

[Act changing sentence of John Mcmillan]

Anent the petitione given in to his Majesties high Comissioner and the Lords of his Majesties privy Councill by John Mcmillan Smyth prisoner in the Tolbooth of Edinburgh Shewing That where the said petitioner’s conditione is sufficiently know’n to the said Lords and that he hes been prisoner in the Tolbooth of Edinburgh now almost sex years and seeing that he hoped the said Lords were satisfied that the sentance he stands under should not be execute against him and that he hath a poor wyfe and sex Children and yet is most willing either to be removed as a Prisoner to the Castle of Edinburgh and there to worke in his trade as a smyth for his Majesties service or to be banished to Flanders to serve there as a souldier And therfore humbly2 Craveing the said Lords might Commiserat his conditione and either to change his imprisonment or banish him to Flanders both for his majesties service as the said Lords should see Cause as the said petitione bears.
His majesties high Commissioner and the Lords of privy Councill haveing considered the foresaid petitione given in to them by the said John McMillane They Hereby change the sentance of death pronounced against the said petitioner by the Lords Commissioners of Justiciary into Banishment and hereby banish the said petitioner furth of his majesties Dominions and Discharges him to returne within the same In respect the said petitioner hes inacted himself in the books of privy Councill That He should depart furth of these dominions and never returne to the same under the paine of haveing the foresaid sentance of death formerly pronounced against him put to executione without farder delay or any hope of mercie and appoynts him To depairt out of the Dominions betwixt and the first day of July next And gives ordor and warrand to the magistrats of Edinburgh and Keeper of their Tolbooth to sett the said petitioner furth thereof upon inacting himself as said is sic subscribitur Annandale p 3 Melvill Argyle Southerland Leven Raith Carmichaell J Johnstoune James Stueart Fr Montgomorie Adam Cockburne Lodovick Grant

1. NRS, PC1/50, 199-200.

2. Insertion.

3. One illegible word scored out here.

1. NRS, PC1/50, 199-200.

2. Insertion.

3. One illegible word scored out here.

Order, 28 May 1695, Edinburgh

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At Holyrudhouse the tuenty eight day of May one thousand sex Hundred nynty and fyve years

A1695/5/241

Order

[Recommendation anent the mint]

His Majesties High Comissioner and Lords of privey Councill Doe hereby recomend to Master James Johnston Esquer principall Secretary of State To wryte to the Master of Stair the other principall Secretary anent that part of the warrand for makeing the stamps for the minthouse which requyres the stamps when perfected to be sent up to the Master of Stair and that it will be inconvenient it should be so done and would so long delay the coynadge of which there is now much need since the English clipt money is discharged

At Holyrudhouse the tuenty eight day of May one thousand sex Hundred nynty and fyve years

A1695/5/241

Order

[Recommendation anent the mint]

His Majesties High Comissioner and Lords of privey Councill Doe hereby recomend to Master James Johnston Esquer principall Secretary of State To wryte to the Master of Stair the other principall Secretary anent that part of the warrand for makeing the stamps for the minthouse which requyres the stamps when perfected to be sent up to the Master of Stair and that it will be inconvenient it should be so done and would so long delay the coynadge of which there is now much need since the English clipt money is discharged

1. NRS, PC1/50, 199.

1. NRS, PC1/50, 199.

Order, 28 May 1695, Edinburgh

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At Holyrudhouse the tuenty eight day of May one thousand sex Hundred nynty and fyve years

A1695/5/231

Order

[Liberty to James Baillie]

His Majesties high Comissioner and Lords of privy Councill Do hereby 2 Give ordor and warrand to the magistrats of Edinburgh and Keeper of their Tolbooth to sett at libertie furth thereof James Baillie sadler Prisoner therein upon account of the late rable

At Holyrudhouse the tuenty eight day of May one thousand sex Hundred nynty and fyve years

A1695/5/231

Order

[Liberty to James Baillie]

His Majesties high Comissioner and Lords of privy Councill Do hereby 2 Give ordor and warrand to the magistrats of Edinburgh and Keeper of their Tolbooth to sett at libertie furth thereof James Baillie sadler Prisoner therein upon account of the late rable

1. NRS, PC1/50, 198.

2. The word ‘Declare’ scored out here.

1. NRS, PC1/50, 198.

2. The word ‘Declare’ scored out here.