Tag Archives: 30 November 1693

Act, 30 November 1693, Edinburgh

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Act

Act The Earle of Kelly

Anent a Petition given in to the Lords of their majesties privy Councill be Alexander Earle of Kelly Shewing That quheras in the petition given in by Sir George Nicolsone of Balcaskie to the saids Lords and the petitioners answers therunto Their Lordships by their interloquitor dated the twentie third instant did ordaine them2 to prove their possession and interuptiones hinc inde And that the petitioner may make his possession the more clearer to the saids Lords by productione of the Discharges granted by the petitioner and his authors to the respective heritors of the lands Lying within the Lordship of Pittenweyme bearing expressly deductione and allowance of Severall pecks of bear allowed them for the damnadge Sustained throw the setting doun the sinks upon their lands, And that the former dilligence granted by the Lords upon the last interloquitor contained no warrand for citeing the heritors to produce the forsaid discharges bot only for citeing witnesses for proveing the possession And Therfore Humbly Craveing the saids Lords would not only grant dilligence for citeing witnesses for proveing ther possessione Bot likewayes that it may containe warrand to cite the respective heritors for produceing the forsaid Discharges and other evidences and writtes they have for proveing ther possession And that the saids Lords would give them ane longer dyet for that effect as the said petitione bears. The Lords of their majesties privy Councill haveing Considered this petition given in to them be the Earle of Kelly and his Curators with the answers made therto be Sir George Nicolsone of Balcaskie They heirby Grant warrand to the Clerks of Councill to give out letters of dilligence at the petitioners instance for citeing the heritors of the Lands Lying in the Lordship of Pittenweyme To Compeir before the saids Lords upon the Fourteinth day of December nixt to give ther Oathes anent the haveing of Discharges granted be the petitioners and his authors to the saids heritors bearing expresslie deductione and allowance of severall pecks of bear allowed, them for the damnadge sustained throw The setting, doune of sinks upon ther Lands and to produce such of them as they shall acknowledge the haveing off.

Edinburgh the Threttie day of November Jaj vjc nyntie thrie years

D1693/11/361

Act

Act The Earle of Kelly

Anent a Petition given in to the Lords of their majesties privy Councill be Alexander Earle of Kelly Shewing That quheras in the petition given in by Sir George Nicolsone of Balcaskie to the saids Lords and the petitioners answers therunto Their Lordships by their interloquitor dated the twentie third instant did ordaine them2 to prove their possession and interuptiones hinc inde And that the petitioner may make his possession the more clearer to the saids Lords by productione of the Discharges granted by the petitioner and his authors to the respective heritors of the lands Lying within the Lordship of Pittenweyme bearing expressly deductione and allowance of Severall pecks of bear allowed them for the damnadge Sustained throw the setting doun the sinks upon their lands, And that the former dilligence granted by the Lords upon the last interloquitor contained no warrand for citeing the heritors to produce the forsaid discharges bot only for citeing witnesses for proveing the possession And Therfore Humbly Craveing the saids Lords would not only grant dilligence for citeing witnesses for proveing ther possessione Bot likewayes that it may containe warrand to cite the respective heritors for produceing the forsaid Discharges and other evidences and writtes they have for proveing ther possession And that the saids Lords would give them ane longer dyet for that effect as the said petitione bears. The Lords of their majesties privy Councill haveing Considered this petition given in to them be the Earle of Kelly and his Curators with the answers made therto be Sir George Nicolsone of Balcaskie They heirby Grant warrand to the Clerks of Councill to give out letters of dilligence at the petitioners instance for citeing the heritors of the Lands Lying in the Lordship of Pittenweyme To Compeir before the saids Lords upon the Fourteinth day of December nixt to give ther Oathes anent the haveing of Discharges granted be the petitioners and his authors to the saids heritors bearing expresslie deductione and allowance of severall pecks of bear allowed, them for the damnadge sustained throw The setting, doune of sinks upon ther Lands and to produce such of them as they shall acknowledge the haveing off.

1. NRS, PC2/24, 282v-283r.

2. Illegible word scored out here.

1. NRS, PC2/24, 282v-283r.

2. Illegible word scored out here.

Decreet, 30 November 1693, Edinburgh

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Decreet

Interloquitor The Deacon of the baxters of Glasgow Against The magistrats therof.

The Lybell at the instance of James Muirhead present Deacon of the baxters in Glassgow and others Against William Naper present provest of Glasgow John Leckie John Aird elder and George Nisbet present baillies ther and others being called this day in presence of the Lords of their Majesties privy Councill And the said James Muirhead […] pursuers Compeiring personally2 with Sir James Ogilvie Mr Hew and Mr David Dalrymples advocats for the haill persuers and John Aird present baillie and James Peddy late provest in Glasgow two of the defenders Compeiring personally for themselves and in name of the haill magistrats and toune Councill of Glasgow for whom they sisted themselves Judicially for fulfilling the sentence of Councill, Which shall be pronounced against the saids haill magistrats and toune Councill with Sir Patrick Home and Mr John Kincaid advocats for the haill defenders and John Story and William Simervell Tackmen mentioned in the Lybell being called and not Compeiring, The saids Lords haveing Considered the principall Lybell and answers made therto, and that the defenders advocats repeited the reconvention as contained in the answers without reading the same to the effect they might have witnesses adduced theron, And both parties advocats being fully heard, The saids Lords of their majesties privy Councill Finds both the principall Lybell and lybell of reconvention relevant and addmitts the same to probatione, And superceids to grant Certificatione against the two tacksmen albeit they be non of the magistrats or Councill untill the conclusion of the Cause, And the witnesses cited and Compeiring in both Lybells haveing made faith at the bar The saids Lords nominats and appoints the Earle of of3 Anandale Lord Beilhaven and Mr Frances Montgomrie to be a Comittie for examineing the witnesses cited and Compeiring, And Declares any two of the Committie to be a quorum Reserving all objectiones which may be made against the witnesses to be proponed and discussed before the Committie and excuses the absence of James Mitchell elder maltman in Glasgow a witness cited in the principall Lybell In Respect of a Certificat produced of his great age sicknes and inability to travell and Grants farder dilligence by Captione against the witnesses afternamed cited and not Compeiring nor excused, William Stirling maltman ther Alexander French maltman ther John Wallace late baillie ther Robert Robertsone maltman in Shitconie ther Mathow Gilmuir Copersmith ther Patrick Tenant garner ther witnesses in the principall Lybell, And Ninian Anderson ther one of the witnesses in the reconvention And assignes the […] day of December nixt for doeing the said farder dilligence

Edinburgh the Threttie day of November Jaj vjc nyntie thrie years

D1693/11/351

Decreet

Interloquitor The Deacon of the baxters of Glasgow Against The magistrats therof.

The Lybell at the instance of James Muirhead present Deacon of the baxters in Glassgow and others Against William Naper present provest of Glasgow John Leckie John Aird elder and George Nisbet present baillies ther and others being called this day in presence of the Lords of their Majesties privy Councill And the said James Muirhead […] pursuers Compeiring personally2 with Sir James Ogilvie Mr Hew and Mr David Dalrymples advocats for the haill persuers and John Aird present baillie and James Peddy late provest in Glasgow two of the defenders Compeiring personally for themselves and in name of the haill magistrats and toune Councill of Glasgow for whom they sisted themselves Judicially for fulfilling the sentence of Councill, Which shall be pronounced against the saids haill magistrats and toune Councill with Sir Patrick Home and Mr John Kincaid advocats for the haill defenders and John Story and William Simervell Tackmen mentioned in the Lybell being called and not Compeiring, The saids Lords haveing Considered the principall Lybell and answers made therto, and that the defenders advocats repeited the reconvention as contained in the answers without reading the same to the effect they might have witnesses adduced theron, And both parties advocats being fully heard, The saids Lords of their majesties privy Councill Finds both the principall Lybell and lybell of reconvention relevant and addmitts the same to probatione, And superceids to grant Certificatione against the two tacksmen albeit they be non of the magistrats or Councill untill the conclusion of the Cause, And the witnesses cited and Compeiring in both Lybells haveing made faith at the bar The saids Lords nominats and appoints the Earle of of3 Anandale Lord Beilhaven and Mr Frances Montgomrie to be a Comittie for examineing the witnesses cited and Compeiring, And Declares any two of the Committie to be a quorum Reserving all objectiones which may be made against the witnesses to be proponed and discussed before the Committie and excuses the absence of James Mitchell elder maltman in Glasgow a witness cited in the principall Lybell In Respect of a Certificat produced of his great age sicknes and inability to travell and Grants farder dilligence by Captione against the witnesses afternamed cited and not Compeiring nor excused, William Stirling maltman ther Alexander French maltman ther John Wallace late baillie ther Robert Robertsone maltman in Shitconie ther Mathow Gilmuir Copersmith ther Patrick Tenant garner ther witnesses in the principall Lybell, And Ninian Anderson ther one of the witnesses in the reconvention And assignes the […] day of December nixt for doeing the said farder dilligence

1. NRS, PC2/24, 282r-282v.

2. The word ‘with’ scored out here.

3. Sic.

1. NRS, PC2/24, 282r-282v.

2. The word ‘with’ scored out here.

3. Sic.

Act, 30 November 1693, Edinburgh

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Act

Act Mr John Beathune

Anent a Petition givn in to the Lords of their Majesties privy Councill be Mr John Beattone late minister at Aytoune Shewing That quher the Lords by ther act dated the fifth day of January Jaj vjc nyntie two did appoint the petitioner out of the vaccand Stipends of Aytounes cropts Jaj vjc nyntie and and2 Jaj vjc nyntie one in the first place To repair the bridge of the said parish then altogither ruinouse in makeing it passible for Coaches and Carts which even from the begining it never was, and the Supperplus (if any remained) To belong to the petitioner, accordingly he haveing repaired the said bridge with hewen ston to that desire that it takes nothing of usefullnes decency and lastingnes requyred by all architecks in building as the Lord Polwarth can testifie by whose order and directione the wholl work was manadged, And seing the petitioner was not only at vast charges even above what was allowed Considering the badd payment therin and expenses in gathering it in Bot likewayes to his great loss being necessitate to neglect his privat affairs and with his Familly to receide at Aytoune to Superintend the said bridge till fully Compleited for the Space of nyntein moneths by reasone of the dificultie in getting matterialls brought to a place So remott as that is from Lyme and free Stonequarie as is likewayes knowen to the said Lord Polwarth And Therfore Humbly Craveing the saids Lords to take the premisses to their Serious Consideratione not only to order ther Clerk to give up to the petitioner his bond oblidging him to repair the said bridge bot also to allow him the vaccand stipends of Aytoune cropt Jaj vjc nyntie thrie Cropt Jaj vjc nyntie two havieng allready been given to Doctor Weyms in St Androwes, or to Recomend him to the Lords of his majesties thesaurie for that effect which will be no small incouradgment to all others to behave faithfully in the manadgment of publict works as the petition bears, The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above Mr John Bethun, They heirby Give order and warrand to their Clerks to give up to the petitioner the above bond And Recommends him to the Lords Commissioners of their Majesties thesaurie as ane honest and faithfull persone in the Discharge of the trust Committed to him mentioned in the above petition And that the Saids Lords Commissioners doe Reward him bountifully as his honesty and faithfullnes in his said trust does deserve.

Edinburgh the Threttie day of November Jaj vjc nyntie thrie years

D1693/11/341

Act

Act Mr John Beathune

Anent a Petition givn in to the Lords of their Majesties privy Councill be Mr John Beattone late minister at Aytoune Shewing That quher the Lords by ther act dated the fifth day of January Jaj vjc nyntie two did appoint the petitioner out of the vaccand Stipends of Aytounes cropts Jaj vjc nyntie and and2 Jaj vjc nyntie one in the first place To repair the bridge of the said parish then altogither ruinouse in makeing it passible for Coaches and Carts which even from the begining it never was, and the Supperplus (if any remained) To belong to the petitioner, accordingly he haveing repaired the said bridge with hewen ston to that desire that it takes nothing of usefullnes decency and lastingnes requyred by all architecks in building as the Lord Polwarth can testifie by whose order and directione the wholl work was manadged, And seing the petitioner was not only at vast charges even above what was allowed Considering the badd payment therin and expenses in gathering it in Bot likewayes to his great loss being necessitate to neglect his privat affairs and with his Familly to receide at Aytoune to Superintend the said bridge till fully Compleited for the Space of nyntein moneths by reasone of the dificultie in getting matterialls brought to a place So remott as that is from Lyme and free Stonequarie as is likewayes knowen to the said Lord Polwarth And Therfore Humbly Craveing the saids Lords to take the premisses to their Serious Consideratione not only to order ther Clerk to give up to the petitioner his bond oblidging him to repair the said bridge bot also to allow him the vaccand stipends of Aytoune cropt Jaj vjc nyntie thrie Cropt Jaj vjc nyntie two havieng allready been given to Doctor Weyms in St Androwes, or to Recomend him to the Lords of his majesties thesaurie for that effect which will be no small incouradgment to all others to behave faithfully in the manadgment of publict works as the petition bears, The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above Mr John Bethun, They heirby Give order and warrand to their Clerks to give up to the petitioner the above bond And Recommends him to the Lords Commissioners of their Majesties thesaurie as ane honest and faithfull persone in the Discharge of the trust Committed to him mentioned in the above petition And that the Saids Lords Commissioners doe Reward him bountifully as his honesty and faithfullnes in his said trust does deserve.

1. NRS, PC2/24, 281r-282r.

2. Sic.

1. NRS, PC2/24, 281r-282r.

2. Sic.

Sederunt, 30 November 1693, Edinburgh

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Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Viscount Tarbat; Viscount Stair; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fr: Montgomrie

Edinburgh the Threttie day of November Jaj vjc nyntie thrie years1

D1693/11/332

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Viscount Tarbat; Viscount Stair; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fr: Montgomrie

1. NRS, PC2/24, 281r.

2. NRS, PC2/24, 281r.

1. NRS, PC2/24, 281r.

2. NRS, PC2/24, 281r.

Act, 30 November 1693, Edinburgh

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Act

Liberation Thomas Mcbraer

Anent the petitione Given In to the Lords of their Majesties privie Councell Be Thomas Mcbraer prisoner in the Cannongate tolbooth Sheuing That wher the petitioner hes from tyme to tyme these three years bypast been detained prisoner for severall months to the utter ruine of his poor family and wyfe being afflicted uith ane sadd and Languishing sickness That the petitioner is not In a Conditione to supply her Indigency nor Hath she to support the extream necessity of fyve poor small children farr less the expensses of ane wearisome Imprisonment and the ordinary Jaylor Fies And in respect the petitioner is Incappable to Act anything Against the Government And that it can never be made appear that the petitioner ever Acted any thing against the same And therfore Humbly Craving to the effect underwryten as the said petitione Bears The Saids Lords of their Majesties privy Councell Having Considered the above petitione They heirby Give ordor and warrand to the magistrats of Edinburgh and keeper of their tolbooth of the Cannongate to sett at libertie the said Thomas Mcbraer furth therof He first Giving Bond and 2 Inacting himself in the books of privie Counsell That he shall Live peacably under and uith all submissione to the present Government of their Majesties King William and Queen Mary and that he shall not Act consult nor contryve anything in prejudice therof nor Converss or Correspond uith any rebells and that he shall appear before the saids Lords when called for under the penalty of fyve hundred merks scott In caise he shall transgress in any part of the premisses

Att Edinburgh the Threttieth day of November Jaj vic nyntie thrie years

A1693/11/431

Act

Liberation Thomas Mcbraer

Anent the petitione Given In to the Lords of their Majesties privie Councell Be Thomas Mcbraer prisoner in the Cannongate tolbooth Sheuing That wher the petitioner hes from tyme to tyme these three years bypast been detained prisoner for severall months to the utter ruine of his poor family and wyfe being afflicted uith ane sadd and Languishing sickness That the petitioner is not In a Conditione to supply her Indigency nor Hath she to support the extream necessity of fyve poor small children farr less the expensses of ane wearisome Imprisonment and the ordinary Jaylor Fies And in respect the petitioner is Incappable to Act anything Against the Government And that it can never be made appear that the petitioner ever Acted any thing against the same And therfore Humbly Craving to the effect underwryten as the said petitione Bears The Saids Lords of their Majesties privy Councell Having Considered the above petitione They heirby Give ordor and warrand to the magistrats of Edinburgh and keeper of their tolbooth of the Cannongate to sett at libertie the said Thomas Mcbraer furth therof He first Giving Bond and 2 Inacting himself in the books of privie Counsell That he shall Live peacably under and uith all submissione to the present Government of their Majesties King William and Queen Mary and that he shall not Act consult nor contryve anything in prejudice therof nor Converss or Correspond uith any rebells and that he shall appear before the saids Lords when called for under the penalty of fyve hundred merks scott In caise he shall transgress in any part of the premisses

1. NRS, PC1/49, 187.

2. The phrase ‘finding sufficient Cautio’ scored out here.

1. NRS, PC1/49, 187.

2. The phrase ‘finding sufficient Cautio’ scored out here.

Act, 30 November 1693, Edinburgh

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A1693/11/421

Act

Change of Euphan Colstains sentence

The Councell Being Informed by their Majesties Advocat That Euphan Colstaine is appoynted to death by the Lords Commissioners of Justiciary for murdering of a Chyld But that their sentence proceeded upon the Late Act of parliament Declaring it death for any woman That being knouen to be uith Chyld shall bring furth her chyld uithout Calling for the assistance of women If the Chyld be found dead altho the Chyld be borne dead And that their Lordships did not find any mark of violence proven to be upon the Chylds body when It was Found And that therfore they had given her a Long day And the Lord Justice Clark declared in name of the rest of the Justices that they uould be uilling the sentence uere altered The Saids Lords Doe Heirby alter the sentence of death pronunced against the said Euphan to Banishment And therfore they discharge the putting of the said sentence of death to executione Against her And Have Banished and heirby Banishes her to their Majesties plantationes in America In respect she hath Inacted her self In the books of privie Councell That she shall transport herself to the saids plantationes and never Returne therfrom under the paine of death to be execute Against her uithout mercy by putting the said sentence Into executione And appoyntes her to remaine prisoner in the said tolbooth untill the first ship bound for their Majesties plantationes in America be ready to saile And ordaines the Magistrats of Edinburgh to see her putt on board the same sic subscribitur Tueeddall canll Southerland Linlithgow Annandall Tarbat Stair Beilhaven John Lauder W Anstruther

Att Edinburgh the Threttieth day of November Jaj vic nyntie thrie years

A1693/11/421

Act

Change of Euphan Colstains sentence

The Councell Being Informed by their Majesties Advocat That Euphan Colstaine is appoynted to death by the Lords Commissioners of Justiciary for murdering of a Chyld But that their sentence proceeded upon the Late Act of parliament Declaring it death for any woman That being knouen to be uith Chyld shall bring furth her chyld uithout Calling for the assistance of women If the Chyld be found dead altho the Chyld be borne dead And that their Lordships did not find any mark of violence proven to be upon the Chylds body when It was Found And that therfore they had given her a Long day And the Lord Justice Clark declared in name of the rest of the Justices that they uould be uilling the sentence uere altered The Saids Lords Doe Heirby alter the sentence of death pronunced against the said Euphan to Banishment And therfore they discharge the putting of the said sentence of death to executione Against her And Have Banished and heirby Banishes her to their Majesties plantationes in America In respect she hath Inacted her self In the books of privie Councell That she shall transport herself to the saids plantationes and never Returne therfrom under the paine of death to be execute Against her uithout mercy by putting the said sentence Into executione And appoyntes her to remaine prisoner in the said tolbooth untill the first ship bound for their Majesties plantationes in America be ready to saile And ordaines the Magistrats of Edinburgh to see her putt on board the same sic subscribitur Tueeddall canll Southerland Linlithgow Annandall Tarbat Stair Beilhaven John Lauder W Anstruther

1. NRS, PC1/49, 186-7.

1. NRS, PC1/49, 186-7.

Decreet, 30 November 1693, Edinburgh

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Decreet

Interloquitor sentance Mr Ualter Colvill

The Lord High Chancellor Having Reported to the Councell That Mr Walter Collvill wryter in Edinburgh Did upon teusday last after publishing the proclamation for adjurning the Generall Assembly Came to Mr Patrick Creichtoune wryter in the privie Councell office who had been upon the Cross uith the same And offered to protest that the Assembly might meet notuithstanding of the proclamatione And that his Lordships uith the Lords Advocat and Justice Clerk Having examined the said Mr Walter He did acknouledge what he had done But said He uas then in drink upon which the Lord Chancellor gave ordor for his Imprisonment And now Leavs it to the Councell what they uill doe uith him The Councell approves of what the Lord Chancellor The Lords Advocat and Justice Clark had done In examining the said Mr Walter prisoner and Committing him prisoner And Having Called for the prisoner to
the Councell barr He did acknouledge that He did protest against the sitting of the Generall assembly And solemnly deponed that noe persone advysed him therto nor spoke to him theranent nor did it come into his mynd till the very moment in which he did it And did declare that he was very sensible that he had done a verie great Cryme and was very penitent therfore And declared that it was the effect of drink and not of designe And the Councell Having examined uitnesses upon the matter They In respect of the said Mr Walter his deep sense of and penitence for the said Cryme And finding noe Evidence of a designe nor of any persones being accessory to the said fact but that the samen hes been the effect of drink and yet Considering that the Act in itself Is a Great Cryme Houever favourablie Circumstantiat Therfore they Heirby Banish the said Mr Walter from the City of Edinburgh and suburbs therof And ordains him to remove himself furth therof once betuixt and mundayes night nixt ensuing And Gives ordor and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to sett the said Mr Walter at Libertie furth therof In respect He hath Inacted himself in the books of privie Councell That he shall Remove furth of the said toune and suburbs betuixt and the tyme forsaid And not returne uithin the same under the penaltie of fyve Thowsand merks In caise He shall transgress in the premisses

Att Edinburgh the Threttieth day of November Jaj vic nyntie thrie years

A1693/11/411

Decreet

Interloquitor sentance Mr Ualter Colvill

The Lord High Chancellor Having Reported to the Councell That Mr Walter Collvill wryter in Edinburgh Did upon teusday last after publishing the proclamation for adjurning the Generall Assembly Came to Mr Patrick Creichtoune wryter in the privie Councell office who had been upon the Cross uith the same And offered to protest that the Assembly might meet notuithstanding of the proclamatione And that his Lordships uith the Lords Advocat and Justice Clerk Having examined the said Mr Walter He did acknouledge what he had done But said He uas then in drink upon which the Lord Chancellor gave ordor for his Imprisonment And now Leavs it to the Councell what they uill doe uith him The Councell approves of what the Lord Chancellor The Lords Advocat and Justice Clark had done In examining the said Mr Walter prisoner and Committing him prisoner And Having Called for the prisoner to
the Councell barr He did acknouledge that He did protest against the sitting of the Generall assembly And solemnly deponed that noe persone advysed him therto nor spoke to him theranent nor did it come into his mynd till the very moment in which he did it And did declare that he was very sensible that he had done a verie great Cryme and was very penitent therfore And declared that it was the effect of drink and not of designe And the Councell Having examined uitnesses upon the matter They In respect of the said Mr Walter his deep sense of and penitence for the said Cryme And finding noe Evidence of a designe nor of any persones being accessory to the said fact but that the samen hes been the effect of drink and yet Considering that the Act in itself Is a Great Cryme Houever favourablie Circumstantiat Therfore they Heirby Banish the said Mr Walter from the City of Edinburgh and suburbs therof And ordains him to remove himself furth therof once betuixt and mundayes night nixt ensuing And Gives ordor and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to sett the said Mr Walter at Libertie furth therof In respect He hath Inacted himself in the books of privie Councell That he shall Remove furth of the said toune and suburbs betuixt and the tyme forsaid And not returne uithin the same under the penaltie of fyve Thowsand merks In caise He shall transgress in the premisses

1. NRS, PC1/49, 185-6.

1. NRS, PC1/49, 185-6.

Act, 30 November 1693, Edinburgh

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A1693/11/401

Act

Liberatione Thomas Meldrum

Anent the petitione given In to the Lords of their Majesties privie Councell Be Thomas Meldrum prisoner in Edinburgh tolbooth Sheuing That their Lordships petitioner being Imprisoned in the Cannongate tolbooth at the Instance of George Warrander and Mr James Bartein merchants in Edinburgh for ane debt In which prisone the petitioner was detained a considerable tyme And it falling out that the said prisone being brok wherby some persones Having escaped among whom he was one was after tuo months tyme apprehended and Conveened before a Committie of their Lordships He was ordored to this prisone wherin he hes Continoued three years And Having now at Lenth Given satisfactione to these persones by whom he was detained as their Consent for setting him att Liberty and ane declaratione under the hands of the Clark of the Cannongate prisone That it was the only debt for which he was detained produced uith the said petitione doeth testifie And therfore Humblie Craving to the effect underwryten as the said petitione Bears The saids Lords of their Majesties privie Councell Having Considered this petitione Given In to them Be the above Thomas Meldrum uith a declaratione by his Creditors That the debt for which he was first Incarcerat Is payed They heirby Give ordor and uarrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Liberty furth therof and not detaine him therin In so farr as he is Incarcerat by ordor of Councell only But prejudice alwayes as to any other Grounds upon which he is Imprisoned aither for Civill debt or otherwayes as to which the saids Lords refuises to medle therin But Leavs to the Magistrats to doe therin as they uill be ansuerable according to Law

Att Edinburgh the Threttieth day of November Jaj vic nyntie thrie years

A1693/11/401

Act

Liberatione Thomas Meldrum

Anent the petitione given In to the Lords of their Majesties privie Councell Be Thomas Meldrum prisoner in Edinburgh tolbooth Sheuing That their Lordships petitioner being Imprisoned in the Cannongate tolbooth at the Instance of George Warrander and Mr James Bartein merchants in Edinburgh for ane debt In which prisone the petitioner was detained a considerable tyme And it falling out that the said prisone being brok wherby some persones Having escaped among whom he was one was after tuo months tyme apprehended and Conveened before a Committie of their Lordships He was ordored to this prisone wherin he hes Continoued three years And Having now at Lenth Given satisfactione to these persones by whom he was detained as their Consent for setting him att Liberty and ane declaratione under the hands of the Clark of the Cannongate prisone That it was the only debt for which he was detained produced uith the said petitione doeth testifie And therfore Humblie Craving to the effect underwryten as the said petitione Bears The saids Lords of their Majesties privie Councell Having Considered this petitione Given In to them Be the above Thomas Meldrum uith a declaratione by his Creditors That the debt for which he was first Incarcerat Is payed They heirby Give ordor and uarrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Liberty furth therof and not detaine him therin In so farr as he is Incarcerat by ordor of Councell only But prejudice alwayes as to any other Grounds upon which he is Imprisoned aither for Civill debt or otherwayes as to which the saids Lords refuises to medle therin But Leavs to the Magistrats to doe therin as they uill be ansuerable according to Law

1. NRS, PC1/49, 185.

1. NRS, PC1/49, 185.

Act, 30 November 1693, Edinburgh

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Att Edinburgh the Threttieth day of November Jaj vic nyntie thrie years

A1693/11/391

Act

Repryve Cathrine Comrie

The Lords of their Majesties privie Councell Doe Heirby Repryve Kathrine Comerie alias McComerie prisoner in the tolbooth of Edinburgh From the sentence of death pronunced against her Be the Lords Commissioners of Justiciary for murdering her oune Chyld appoynting her to be execute upon Fryday the first day of december nixt to Come And discharges the Magistrats of Edinburgh to putt the said sentence to executione Against her untill fryday the Eight day of the said month In respect of her great Ignorance And that she Earnestly desyres Eight dayes delay In ordor to her preparatione to Eternity uithout Hopes of any repryve or farder delay And the saids Lords doe Heirby ordaine the Magistrats of Edinburgh to see the forsaid sentence of death pronunced by the Lords of Justiciary Against the said Kathrine putt to executione Against her perremptarly upon the said Eight day of December nixt And the saids Lords expressly declares that they will allow noe furder Repryve to the said Kathrine after the said day sic subscribitur Tueeddale cancell: Southerland Linlithgow Leven Annandall Tarbat Stair Beilhaven John Lauder

Att Edinburgh the Threttieth day of November Jaj vic nyntie thrie years

A1693/11/391

Act

Repryve Cathrine Comrie

The Lords of their Majesties privie Councell Doe Heirby Repryve Kathrine Comerie alias McComerie prisoner in the tolbooth of Edinburgh From the sentence of death pronunced against her Be the Lords Commissioners of Justiciary for murdering her oune Chyld appoynting her to be execute upon Fryday the first day of december nixt to Come And discharges the Magistrats of Edinburgh to putt the said sentence to executione Against her untill fryday the Eight day of the said month In respect of her great Ignorance And that she Earnestly desyres Eight dayes delay In ordor to her preparatione to Eternity uithout Hopes of any repryve or farder delay And the saids Lords doe Heirby ordaine the Magistrats of Edinburgh to see the forsaid sentence of death pronunced by the Lords of Justiciary Against the said Kathrine putt to executione Against her perremptarly upon the said Eight day of December nixt And the saids Lords expressly declares that they will allow noe furder Repryve to the said Kathrine after the said day sic subscribitur Tueeddale cancell: Southerland Linlithgow Leven Annandall Tarbat Stair Beilhaven John Lauder

1. NRS, PC1/49, 184.

1. NRS, PC1/49, 184.

Sederunt, 30 November 1693, Edinburgh

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Att Edinburgh the Threttieth day of November Jaj vic nyntie thrie years1

A1693/11/382

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Viscount Tarbat; Viscount Stair; Lord Beilhaven; Lord Polluarth; Lord Advocat; Lord Justice Clerk; Lord Hattoun; Lord Funtainhall; Lord Anstruther; Mr Fra: Muntgomry

Att Edinburgh the Threttieth day of November Jaj vic nyntie thrie years1

A1693/11/382

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Viscount Tarbat; Viscount Stair; Lord Beilhaven; Lord Polluarth; Lord Advocat; Lord Justice Clerk; Lord Hattoun; Lord Funtainhall; Lord Anstruther; Mr Fra: Muntgomry

1. NRS, PC1/49, 184.

2. NRS, PC1/49, 184.

1. NRS, PC1/49, 184.

2. NRS, PC1/49, 184.