D1695/1/39
D1695/1/392
Sederunt
Earl of Anandale pres; Earl of Melvill p: s:; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Forfar; Earl of Broadalbine; Lord Murray; Viscount Tarbat; Lord Raith T: d:; Lord Carmicheall; Lord Polwarth; Lord Advocat; Laird of Grant; Laird of Leyes.
1. NRS, PC2/25, 160r.
2. NRS, PC2/25, 160r.
1. NRS, PC2/25, 160r.
2. NRS, PC2/25, 160r.
A1695/1/51
A1695/1/511
Warrant
The Lords of his Majesties privy Councill Doe hereby grant warrand to Archbald Murray of Spote John Skeen of Halyairds John Drummond of Newtoune Master Leonard Robertsone of Straloch and Master Duncane Robertsone wryter in Edinburgh To wryte to Alexander Robertsone son to Marion Baillie Ladie Strowane presentlie in France notwithstanding of the act of parliament Dischargeing converse with the subjects of or persons residing within that Kingdome The letters which shall be wryten to her said sone being alwayes first revised and marked by Sir James Stueart his majesties Advocat
1. NRS, PC1/50, 116.
1. NRS, PC1/50, 116.
A1695/1/50
A1695/1/501
Commission by the Council
The Lords of his majesties privy Councill being informed That William Petrie ane vagabond Beggar is presently prisoner in the Tolbooth of Aberdeen as alleadged guilty of Murdering Margaret Craige relict of […] Andersone in Ladysfoord And Considering That it will be a great deall of Charges and expences to bring the said William Petrie to this place in ordor to a tryall before the Lords Commissioners of Justitiary Besyds the severall inconveniencies that may arrise by his transportatione and the said Lords Lykewayes considering That this Cryme cannot be tryed and judged by any persones in the Countrey without a warrand and Commissione from their Lordships for that effect And the said Lords being desyrous to have the said matter brought to a tryall 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 the Earle of Erroll shirriff principall of the Shyre of Aberdeen Andrew Frazer of Kilmundie shirriff Deput of the said shyre Sir John Forbes of Cragyvar James Gordon of Seatoune George Keith of Crachie and George Patone of Grandhame and Declairs any three of the Commissioners to be a sufficient quorum The shirriff deput being alwayes one of the three To take tryall of and to judge and doe Justice upon the said William Petrie presentlie prisoner in the said Tolbooth for the said Cryme And in ordor thereto To meett and Conveen at Aberdeen the tuentie second day of February next to come and there to accept of this present Commissione and upon their acceptance to administrat the oath of fedelitie to the persone whom James Montgomerie of Langshaw Clerk to the Justice Court shall depute and substitut to be Clerk to this present Commissione and if the said James Montgomerie Shall neglect or delay to deput and substitut a Clark as said is being requyred therto With power to the said Commissioners or their said quorum to choise their owne Clerk for whom they shal be answerable with power lykewayes to the persones hereby Commissionat or their said quorum To […] make and Constitut Serjants Dempsters or other members of the said Court and to issue out and cause raise precepts or lybells of indictment at the instance of Alexander Leslie procurator fiscall for his Majesties interest in the said matter against the said William Petrie for ceitting him and the assysors and witneses in the ordinary maner and under the usuall payns and certifications To Compear befor the said Commissioners hereby Commissionat or their said quorum at Aberdeen the […] day of […] therafter With full power also to them to amerciate and fyne the absent assysors and witneses and the amerciaments and fynes to uplift for their owne use and behove and to adjourne themselves from tyme to tyme to the effect that the pannell 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 fourtie fyve persons 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 administrat to them the ordinary oath in the usuall terms And with power also to the said Commissioners or their said quorum to examine the witneses ceitted in presence of the said pannell and sworn inqueist upon the poynts that shall be admitted to probatione And thereafter to remitt the said lybell and interloqutor to be given by them anent the relevancie thereof and the depositiones of the witneses to be taken in maner foresaid to the knowledge of the said inqueist and assyse whom they appoynt to elect a Chancellor or president with a Clerk And also reading and peruseing of the said indictment interloqutor to be pronounced thereon and the depositiones of the witneses to be taken in presence of the said pannell and assyse To find the Lybell proven against the said pannal or to assoilzie him according to Law as they will be answerable to God and a good Conscience That they draw up their verdict accordinglie and delyver the same sealled by the hand of their Chancellor or president to the said persons or their said quorum whom they hereby authorise 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 of absolvitor in the said matter according to Justice and in Caise the said Judges shall find the said pannalle guiltie of the Cryme layed to his 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 generallie with full power to the said Commissioners or their said quorum to act doe and performe all and sundrie other things competent and incumbent to be acted done and performed by any Comissioners of Justitiary hetherto nominated and appoynted by the said Lords of privie Councill And the said Lords Appoynts the said Commissioners or their said quorum within the space of tuentie dayes after pronounceing and executeing of their sentance in this matter To report to the Lords Commissioners of Justitiarie or to the Clerk of the Criminall Court ane authentick extract under their hands of the said sentance and the maner of executeing therof to the effect the same may be recorded in the books of Justitiary which the Clerk to the Criminall Court is hereby requyred to record therein as he will be answerable Given at Edinburgh the tuentie nynth day of January Jaj vjc nynty and fyve years sic subscribitur Annandale P Melvill J Morton Cassillis Forfar Breadalbane Tarbatt Carmichaell T Burnet
1. NRS, PC1/50, 112-15.
1. NRS, PC1/50, 112-15.
A1695/1/49
A1695/1/491
Act
Anent the petitione given in to the Lords of his majesties privy Councill by Charles Earle of Aboyne Shewing That it is not unknown to the said Lords how he was sent abroad now fyfteen years agoe when the petitioner was but about eight years of age and how he is lately returned and presented himself to the said Lords whereupon they thought fitt to confyne him to the Earle of Strathmors house of Glams and sex myles about it, which now for more then two moneths he hes punctuallie observed But seeing That Master Robert Fordyce who in the petitioners absence had the Charge of his affairs and to whose Custodie severall of the petitioners valueable moveables with a great part of his wryts were committed; is by the said Lords ther sentance shortly to goe of the Countrey And that the said moveables and wryts are pairtlie at the house of Aboyne and pairtly at Aberdeen as also that the said Lords could not but be satisfied that the petitioners affairs after so long ane absence doe requyre his owne presence were it but to ordor their manadgement for the future And therfore Craveing the said Lords in consideratione of the premisses to allow the petitioner to goe north to his owne Estate with the said Master Robert Fordyce To take account of the petitioners affairs and other things committed to him and to ordor the same for the future, and that for such space and upon such baill as the said Lords should think fitt Seing in effect the ordering of the said petitioner his Concerns doth most necessarlie requyre it and that the petitioner craved nothing but what absolute necessity constrains him to And if the said Lords did not incline To suffer the said Master Robert Fordyce to be with the petitioner in the north That at least the said Lords would allow them to goe seperatlie after they have mett and conferred together upon affairs at Glams To the end the said Master Robert may discharge himself of his said trust and that the petitioner might sustaine noe prejudice by his goeing of the Countrey as the said petitione bears
The Lords of his Majesties privy Councill haveing Considered the foresaid petitione given in to them by the said Charles Earle of Aboyn They Hereby only allow the said Master Fordyce a Preist to goe to the north to the said Earle his owne Estate about the said Earls privat affairs He being alwayes under a sufficient guard from his Departing from the Toune of Edinburgh untill he returne back to the house of Glams or Castle Lyone to which the said Earle is confyned and Recomends to the Lord Jedburgh Commander in Cheiff for the tyme of his Majesties forces within this Kingdome To appoynt a sufficient guard of Horse or dragoons to attend the said Master Robert Fordyce and appoynts him to returne to the said house of Glames or Castle Lyon betwixt and the […] day of […] And Declairs the bond granted by the said Master Fordyce to continue in full force after his returne notwithstanding of the Libertie hereby granted
1. NRS, PC1/50, 111-12.
1. NRS, PC1/50, 111-12.
A1695/1/48
A1695/1/481
Warrant
The Lords of his majesties privy Councill Doe hereby ordaine the magistrats of Edinburgh and keeper of their Tolbooth To delyver the persone of James Marshell 2 prisoner in the said tolbooth to Leut William Hamiltone in Lord George Hamilton his Regiment at Flanders to be carried aboard by the said Leut as a souldier in the said Regiment in respect he was formerlie a souldier and hes deserted He always satisfieing the keeper of the tolbooth for what is due to him
1. NRS, PC1/50, 111.
2. Insertion. The word ‘Hamilton’ scored out here.
1. NRS, PC1/50, 111.
2. Insertion. The word ‘Hamilton’ scored out here.
A1695/1/47
A1695/1/471
Letter: to the Council
The following letter being read in Councill was ordered to be recorded in the Councill books quherof the tenor followeth My Lords The Clerk of his majesties privy Councill did transmitt to me the double of a letter ordered by your Lordships upon the fyfteen instant to be sent concerning the difference betwixt the officers come from Flanders and the officers of the troops in Scotland about the desertors Desyreing to know his majesties pleasure whether all that had been in the Scots troops in Flanders and had deserted might be seized or only those who had not taken on of new in the troops in Scotland I did read over the Coppy of that Letter to his majestie and hes received his majesties Commands to signifie to your Lordships That as his Letter to you in that matter mentions Deserters in generall without exceptione so his majestie did intend and still appoynts That all such as hes been in the Scots troops abroad who have come away without passes dismissing them from the Service may be seazed by these officers sent over to make the recruits, whether they have taken on in the troops there or not, For it will not excuse nor save a souldier from being shot that he deserted from one Regiment to another in the same service; so ther’s noe hardship put upon the Deserter who is pardoned and only returne to his duety and the officers there aught not to have intertained such His Majestie consider’s the misfortune befallen the Scots officers in their passage and the difficulties they will have to find recruits and that the warrants or proclamations secureing such desertors as had taken on there, or were offered by the Countrey in the late Leavie hath too much encouraged desertion which will both prejudge the Common service and render the Scots troops less compleat and capable to doe that service his majestie expects from them Therfore I am recomended to remember your Lordships that his majestie hath signified his pleasure and expects from you all the assistance and concurrance […] for making the recruits compleat and that you allow noe retardment or unecessary delays or questions to be made in that matter these by his Majesties particular ordor ar communicated to you by My Lords, your Lordships most humble and most obedient servant sic subscribitur John Dalrymple dated London tuenty third Jaj vjc nynty and fyve years.
1. NRS, PC1/50, 109-111.
1. NRS, PC1/50, 109-111.
A1695/1/46
A1695/1/461
Letter: royal
The following letter being read was ordered to be recorded whereof the tenor followeth sic suprascribitur William Rex Right trusty and right well beloved Cousin and Councillor Right trusty and intirely Beloved Cousin, and Councillor Right trust and right weill beloved Cousins and Councillors and Right trusty and well beloved Cousins and Councillors and trustie and trustie2 welbeloved Councillors we greet you well Whereas in consideratione of the Loyaltie and abilities of our trustie and welbeloved Sir George Campbell of Cesnock we have thought fitt to add him to our privy Councill there These are therefore to authorize and requyre you To admitt and receive him into that our privy Councill in the ordinarie forme and method in such cases accustomed for doeing whereof this shall be your warrant and so we bid you heartily farewell Given at our Court at Kensingtoune the nynteenth day of December Jaj vjc nynty and four years and of our Reigne the sexth year By his majesties Command sic subscribitur J Johnstoune
1. NRS, PC1/50, 109.
2. Sic.
1. NRS, PC1/50, 109.
2. Sic.
A1695/1/45
A1695/1/452
Sederunt
Earl of Annandale p:C; Earl of Melvill p.s.; Earl of Morton; Earl of Cassills; Earl of Leven; Earl of Forfar; Earl of Breadalbane; Lord Murray; Viscount Tarbat; Lord Raith; Lord Carmichaell; Lord Polwarth; Lord Advocat; Laird of Grant; Laird of Leyes
1. NRS, PC1/50, 109.
2. NRS, PC1/50, 109.
1. NRS, PC1/50, 109.
2. NRS, PC1/50, 109.