Tag Archives: 8 August 1695

Act, 8 August 1695, Edinburgh

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Edinburgh Thursday the 8th August 1695

D1695/8/131

Act

Act Mr David Lyon for takeing the oathes

Anent the petition given in to the Lords of his Majesties privy Councill be Mr David Lyon writter to the Signet Shewing That the petitioner being a writter to the Signet did obtaine a Commission from his Majestie in Anno Jaj vic nyntie to be Commisser of Brichen and therafter Resolveing to officiat in person in that office the petitioner did leave Edinburgh in January Jaj vic Nyntie thrie or therabout and when the writters to the Signet and other members of the Collodge of Justice did take the oath of alledgance and Subscrybe the assurance before the Lords of Session as they were appointed by act of parliament The petitioner was then at Brichen attending his office ther and not Judging it absolutly necessary to come to Edinburgh at that time being then doubtfull if ever he should returne to his Imployment ther The petitioner did take the oath of alledgance and Subscrybe the assurance before the Baillies of Brichen in the quality of a nottar only Conforme to the act of Parliament as is reported by them to their Lordships And this being (as it is humbly Conceaved) no wilfull disobedience to the Law Seing the petitioner hade qualified himself not only before their Lordships when he entered to the office of Comissar of Brichen But likewayes therafter before the Baillies as said is It was hoped ther Lordships would yet allow petitioner to take the oath of alledgance and Subscrybe the assurance in the qualitie of a writter to the Signet before one of their number to the effect the petitioner may returne to his Imployment in the Station And Therfore Humbly Craveing the Saids Lords would appoint one of their number to Administrat the oath of alledgance and assurance to the petitioner in the quality of a writter to his majesties Signett to the effect he might returne to his Imployment in that Station Seing ther has been no wilfull disobedience to the Law Comitted by him as said is, as the said petition bears The Lords of his majesties privy Councill haveing Considered this petition given in to them be the above Mr David Lyon They heirby Give Warrand and Commission to any one of their Lordships number to administrat the oath of alledgance and assurance to the petitioner in the qualitie of a writter to the signet to the effect he may returne to his Imploy in that Station:
The oath of alledgance and assurance taken heiron and Lying among this given in Since Jully 1693: Sig: 72.

Edinburgh Thursday the 8th August 1695

D1695/8/131

Act

Act Mr David Lyon for takeing the oathes

Anent the petition given in to the Lords of his Majesties privy Councill be Mr David Lyon writter to the Signet Shewing That the petitioner being a writter to the Signet did obtaine a Commission from his Majestie in Anno Jaj vic nyntie to be Commisser of Brichen and therafter Resolveing to officiat in person in that office the petitioner did leave Edinburgh in January Jaj vic Nyntie thrie or therabout and when the writters to the Signet and other members of the Collodge of Justice did take the oath of alledgance and Subscrybe the assurance before the Lords of Session as they were appointed by act of parliament The petitioner was then at Brichen attending his office ther and not Judging it absolutly necessary to come to Edinburgh at that time being then doubtfull if ever he should returne to his Imployment ther The petitioner did take the oath of alledgance and Subscrybe the assurance before the Baillies of Brichen in the quality of a nottar only Conforme to the act of Parliament as is reported by them to their Lordships And this being (as it is humbly Conceaved) no wilfull disobedience to the Law Seing the petitioner hade qualified himself not only before their Lordships when he entered to the office of Comissar of Brichen But likewayes therafter before the Baillies as said is It was hoped ther Lordships would yet allow petitioner to take the oath of alledgance and Subscrybe the assurance in the qualitie of a writter to the Signet before one of their number to the effect the petitioner may returne to his Imployment in the Station And Therfore Humbly Craveing the Saids Lords would appoint one of their number to Administrat the oath of alledgance and assurance to the petitioner in the quality of a writter to his majesties Signett to the effect he might returne to his Imployment in that Station Seing ther has been no wilfull disobedience to the Law Comitted by him as said is, as the said petition bears The Lords of his majesties privy Councill haveing Considered this petition given in to them be the above Mr David Lyon They heirby Give Warrand and Commission to any one of their Lordships number to administrat the oath of alledgance and assurance to the petitioner in the qualitie of a writter to the signet to the effect he may returne to his Imploy in that Station:
The oath of alledgance and assurance taken heiron and Lying among this given in Since Jully 1693: Sig: 72.

1. NRS, PC2/26, 8r-8v.

1. NRS, PC2/26, 8r-8v.

Act, 8 August 1695, Edinburgh

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Edinburgh Thursday the 8th August 1695

D1695/8/121

Act

Act The heritors of the paroch of Leuchars

Anent a Petition given in to the Lords of his Majesties privy Councill be the Heritors of the paroch of Leuchars under subscrybeing and elders of the Session therof Shewing That Wheras Mr George Gordon was called to the Church of Leuchars in the Moneth of Feburary last past, And sometime therafter was ordained minister therof dureing which intervale The parish of Leuchars was frequently Supplied by the said Mr George his Ministrie, That altho his Admission to the Church was not so peremptorly at the terme of Whitsunday yet the great part of the Supply of preaching was afforded by him for a Considerable time And Therfor Humbly Craveing the saids Lords would be pleased to Consider the Circumstances of the said Mr Gordon their Minister being a Stranger late returned into this kingdome with his wife and Childrein That ther Lordships would be pleased to Grant Warrants to him to uplift the whole stipend Jaj vic Nyntie five And What arrerirs are resting undisposed of former years as the petition bears The Lords of his Majesties privy Councill Having Considered this petition given in to them be the heritors of the paroch of Lewchars and elders of the Session thereof They heirby allow Mr George Gordon minister at the said Kirk the stipend thereof for the whole Cropt and year of God Jaj vic Nyntie five, And also allowes him to uplift what areirs of former years of the said stipend are yet resting undisposed of by the saids Lords And ordaines him to be readily answered and obeyed thereof be the heritors Fewers wodsetters lifrenters fermors titullars tackmen of teynds tennents possessors and others Lyable in payment of the saids stipends the termes of payment of the samen being allwayes first come and bygone upon production of a Decreet of Locality, And incase ther be non ordaines the heritors and others forsaids to make payment of their respective proportions thereof According as they shall be Decerned by the Judge ordinary In Respect that he has instructed that he has sworne and signed the oath of alledgance and signed the assurance to his Majestie King William.

Edinburgh Thursday the 8th August 1695

D1695/8/121

Act

Act The heritors of the paroch of Leuchars

Anent a Petition given in to the Lords of his Majesties privy Councill be the Heritors of the paroch of Leuchars under subscrybeing and elders of the Session therof Shewing That Wheras Mr George Gordon was called to the Church of Leuchars in the Moneth of Feburary last past, And sometime therafter was ordained minister therof dureing which intervale The parish of Leuchars was frequently Supplied by the said Mr George his Ministrie, That altho his Admission to the Church was not so peremptorly at the terme of Whitsunday yet the great part of the Supply of preaching was afforded by him for a Considerable time And Therfor Humbly Craveing the saids Lords would be pleased to Consider the Circumstances of the said Mr Gordon their Minister being a Stranger late returned into this kingdome with his wife and Childrein That ther Lordships would be pleased to Grant Warrants to him to uplift the whole stipend Jaj vic Nyntie five And What arrerirs are resting undisposed of former years as the petition bears The Lords of his Majesties privy Councill Having Considered this petition given in to them be the heritors of the paroch of Lewchars and elders of the Session thereof They heirby allow Mr George Gordon minister at the said Kirk the stipend thereof for the whole Cropt and year of God Jaj vic Nyntie five, And also allowes him to uplift what areirs of former years of the said stipend are yet resting undisposed of by the saids Lords And ordaines him to be readily answered and obeyed thereof be the heritors Fewers wodsetters lifrenters fermors titullars tackmen of teynds tennents possessors and others Lyable in payment of the saids stipends the termes of payment of the samen being allwayes first come and bygone upon production of a Decreet of Locality, And incase ther be non ordaines the heritors and others forsaids to make payment of their respective proportions thereof According as they shall be Decerned by the Judge ordinary In Respect that he has instructed that he has sworne and signed the oath of alledgance and signed the assurance to his Majestie King William.

1. NRS, PC2/26, 7v-8r.

1. NRS, PC2/26, 7v-8r.

Act, 8 August 1695, Edinburgh

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Edinburgh Thursday the 8th August 1695

D1695/8/111

Act

Act Blair and others anent Bullion

Anent the petition given in to the Lords of his Majesties privy Councill be Hew Blair merchant in Edinburgh for himself and in name of the rest of the merchants of Edinburgh Shewing That Forasmuchas by the twentie fourth act parliament Jaj vic Eightie Six the Generall and Master of his Majesties Mint are expressly oblidged to accept of 2 Enter and Coyne such quantities of Bullion as shall be brought in to his Majesties Mint by the merchants or others under the penaltie of being deprived of their offices Nevertheless albeit the petitioners have provyded made offer of Sundrie quantities of Bullion to be Coyned in the termes of the said act Yet they refuse to accept and take in the same And therby have incurred the Certificatione in the act of parliament if they shall persist in the said refuseall and do Likewayes take upon them to preferr some particular persons by takeing in the bullion offered by them with great partiallity and prejudice to the petitioners And Therfore humbly Craveing the saids Lords to ordaine the Generall Master of the Mint to receive in the Bullion that shall be offered be the petitioners and to Coyne the Same in the Current money in the termes and under the Certifications contained in the forsaid act of parliament as the petition bears The Lords of his Majesties privy Councill Having Considered this petition given in to them be the above Hew Blair, and merchants in Edinburgh They heirby Ordaine the Generall and master of his majesties Mint to receive in the bullion as it has been or shall be offered to his majesties mint without preferring any person before another But in the precise termes of the act of Parliament anent the mint under the Certificationes and penaltie therin contained.

Edinburgh Thursday the 8th August 1695

D1695/8/111

Act

Act Blair and others anent Bullion

Anent the petition given in to the Lords of his Majesties privy Councill be Hew Blair merchant in Edinburgh for himself and in name of the rest of the merchants of Edinburgh Shewing That Forasmuchas by the twentie fourth act parliament Jaj vic Eightie Six the Generall and Master of his Majesties Mint are expressly oblidged to accept of 2 Enter and Coyne such quantities of Bullion as shall be brought in to his Majesties Mint by the merchants or others under the penaltie of being deprived of their offices Nevertheless albeit the petitioners have provyded made offer of Sundrie quantities of Bullion to be Coyned in the termes of the said act Yet they refuse to accept and take in the same And therby have incurred the Certificatione in the act of parliament if they shall persist in the said refuseall and do Likewayes take upon them to preferr some particular persons by takeing in the bullion offered by them with great partiallity and prejudice to the petitioners And Therfore humbly Craveing the saids Lords to ordaine the Generall Master of the Mint to receive in the Bullion that shall be offered be the petitioners and to Coyne the Same in the Current money in the termes and under the Certifications contained in the forsaid act of parliament as the petition bears The Lords of his Majesties privy Councill Having Considered this petition given in to them be the above Hew Blair, and merchants in Edinburgh They heirby Ordaine the Generall and master of his majesties Mint to receive in the bullion as it has been or shall be offered to his majesties mint without preferring any person before another But in the precise termes of the act of Parliament anent the mint under the Certificationes and penaltie therin contained.

1. NRS, PC2/26, 7r-7v.

2. The words ‘the Entering Coyne’ scored out here.

1. NRS, PC2/26, 7r-7v.

2. The words ‘the Entering Coyne’ scored out here.

Act, 8 August 1695, Edinburgh

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Edinburgh Thursday the 8th August 1695

D1695/8/101

Act

Act John Willisone

Anent the petition given in to the Lords of his Majesties privy Councill be John Willison writter in Edinburgh Shewing That where upon a former petition given in to their Lordships in name of William Callander sone to the deceast Lodovick Callander of Dowater The saids Lords were pleased by their delyverance of the twentie fourth of Jannuary last To appoint the haill wrytes which belonged to the said defunct to be sequestrate and the Chists Cabinets and others wherin the Samen Lye to be sealled which accordingly is don As to which It is humbly represented to the saids Lords That the forsaid Sequestrated was procured efficiously by the means of John Callander of Craigforth in the absence of the saids William Callander without his allowance or Consent who since his returne to Scotland has not only ratified the bond of Taylie hade by his father in favors of the petitioners sone; But also by a paper apart of the twentie Eight of January last Has past from and Disclamed the forsaid petition and act of Sequestration and Consented that the haill writtes and evidents which belonged to his father should be intromitted with be the petitioner for the use and behoove of his sone as his Consent therwith produced bears as also has severall times Since Disclaimed the forsaid petition vita voce to his Majesties advocat And Therfore humbly Craving the saids Lords would be pleased to take of the forsaid Sequestration and give warrand to the petitioner to remove the sealls and use and dispose of the saids papers for the behoove of his said Son Conform to his right therto Which petition being Read in presence of the saids Lords They Recomended to his majesties advocat to Call for the petitioner and examine him anent the disposition made be the deceast Lodovick Callander of Dorrater to the petitioners son his Grand Child of the estate of Callander and to report his opinion in this matter to the Councill with his first Conveniencie Conforme therto the said Lord Advocat haveing Called before him the said John Willisone and taken his oath and deposition He made his report Which being this day advysed be the saids Lords of privy Councill They hereby take off the sequestration of the wrytes and Grants warrand to remove the sealls and leaves to the parties concerned to pursue ther intrests before the Judge ordinar as accords.

Edinburgh Thursday the 8th August 1695

D1695/8/101

Act

Act John Willisone

Anent the petition given in to the Lords of his Majesties privy Councill be John Willison writter in Edinburgh Shewing That where upon a former petition given in to their Lordships in name of William Callander sone to the deceast Lodovick Callander of Dowater The saids Lords were pleased by their delyverance of the twentie fourth of Jannuary last To appoint the haill wrytes which belonged to the said defunct to be sequestrate and the Chists Cabinets and others wherin the Samen Lye to be sealled which accordingly is don As to which It is humbly represented to the saids Lords That the forsaid Sequestrated was procured efficiously by the means of John Callander of Craigforth in the absence of the saids William Callander without his allowance or Consent who since his returne to Scotland has not only ratified the bond of Taylie hade by his father in favors of the petitioners sone; But also by a paper apart of the twentie Eight of January last Has past from and Disclamed the forsaid petition and act of Sequestration and Consented that the haill writtes and evidents which belonged to his father should be intromitted with be the petitioner for the use and behoove of his sone as his Consent therwith produced bears as also has severall times Since Disclaimed the forsaid petition vita voce to his Majesties advocat And Therfore humbly Craving the saids Lords would be pleased to take of the forsaid Sequestration and give warrand to the petitioner to remove the sealls and use and dispose of the saids papers for the behoove of his said Son Conform to his right therto Which petition being Read in presence of the saids Lords They Recomended to his majesties advocat to Call for the petitioner and examine him anent the disposition made be the deceast Lodovick Callander of Dorrater to the petitioners son his Grand Child of the estate of Callander and to report his opinion in this matter to the Councill with his first Conveniencie Conforme therto the said Lord Advocat haveing Called before him the said John Willisone and taken his oath and deposition He made his report Which being this day advysed be the saids Lords of privy Councill They hereby take off the sequestration of the wrytes and Grants warrand to remove the sealls and leaves to the parties concerned to pursue ther intrests before the Judge ordinar as accords.

1. NRS, PC2/26, 6v-7r.

1. NRS, PC2/26, 6v-7r.

Sederunt, 8 August 1695, Edinburgh

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Edinburgh Thursday the 8th August 16951

D1695/8/92

Sederunt

Lord Chancelor; Earl of Melvill p: Seall; Duke of Queensberry; Earl of Morton; Earl of Cassills; Earl of Leven; Earl of Forfar; Lord Yester; Lord Beilhaven; Lord Polwarth; Mr Johnston Secretary; Lord Advocat; Lord Hatton; Laird of Grant; Laird of Blackbarrony; Sir George Campbell; Sir Robert Cheisly

Edinburgh Thursday the 8th August 16951

D1695/8/92

Sederunt

Lord Chancelor; Earl of Melvill p: Seall; Duke of Queensberry; Earl of Morton; Earl of Cassills; Earl of Leven; Earl of Forfar; Lord Yester; Lord Beilhaven; Lord Polwarth; Mr Johnston Secretary; Lord Advocat; Lord Hatton; Laird of Grant; Laird of Blackbarrony; Sir George Campbell; Sir Robert Cheisly

1. NRS, PC2/26, 6v.

2. NRS, PC2/26, 6v.

1. NRS, PC2/26, 6v.

2. NRS, PC2/26, 6v.

Procedure, 8 August 1695, Edinburgh

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At Edinburgh the eight day of August Jaj vjc nynty and fyve years

A1695/8/131

Procedure

Committie anent publict affairs

The Lords of his majesties privy Councill doe hereby nominat and appoynt the Earles of Southerland and Forfar The Lord Viscount Tarbat Lord Advocat Lord Justice Clerk Lord Hattoune Lord Fountonhall and the provost of Edinburgh to be a Comittie anent publick affairs and for the publick peace in the ensueing vaccancie of the Councill and Recomends to them to wryt to the Lord High Chancellor when they find any occurrants to happen which requyr’s a meeting of Councill to the effect his Lordship may give ordors for calling the same.

At Edinburgh the eight day of August Jaj vjc nynty and fyve years

A1695/8/131

Procedure

Committie anent publict affairs

The Lords of his majesties privy Councill doe hereby nominat and appoynt the Earles of Southerland and Forfar The Lord Viscount Tarbat Lord Advocat Lord Justice Clerk Lord Hattoune Lord Fountonhall and the provost of Edinburgh to be a Comittie anent publick affairs and for the publick peace in the ensueing vaccancie of the Councill and Recomends to them to wryt to the Lord High Chancellor when they find any occurrants to happen which requyr’s a meeting of Councill to the effect his Lordship may give ordors for calling the same.

1. NRS, PC1/50, 241.

1. NRS, PC1/50, 241.

Act, 8 August 1695, Edinburgh

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At Edinburgh the eight day of August Jaj vjc nynty and fyve years

A1695/8/121

Act

Act Explanatory of the proclamatione 27 July anent the pole money

The act afterinsert being extended and read in Councill was approven and signed and ordered to be printed and published whereof the tenor followeth Act Explanatory of the proclamation of the tuenty seventh July last for Collecting and inbringing of the pole money Jaj vjc nynty and fyve with additionall instructions to the Comissioners theranent
The Lords of his majesties Privy Councill in pursueance of the proclamatione of the tuenty seventh of July Last for Collecting and inbringing the pole money Jaj vjc nynty and fyve And for farder explanatione therof Doe in the first place ordaine That the Commissioners of Shyres that shall happen to meet on the second tuesday of this moneth conforme to the act of parliament doe meet by the Call of the Shirriff (who is hereby requyred to give tymeous advertisment for that end) on the first twesday of September next for divyding themselves or appoynting other Heretors into the severall parishes to the effect specified in the said act And that the magistrats of Burghs who shall happen not to meet the third tuesday of this instant conforme to the said act doe meet the said first twesday of September secondly where the subcommissioners for the Paroches are ordered by the proclamatione to Choose a fitt and responsall persone to be both Clerk and Collector of the pole of that parish They are Hereby farder requyred to take sufficient Cautione of the foresaid persone nominat to be Clerk and Collector thirdly That the said subcommissioners for the parishes are Hereby furder impower’d That if they shall find it needfull To call and Cause all Heretors or Tutors or Curators or Chamberlanes or minors2 absents To give up upon oath to the best of ther knowledge the names of all persones with their deigrees and Classes liveing and residing within their bounds fourthly That the Commissioners of the Shyres set doune and prescryve to the subcollectors for paroches such a method and schem for takeing up the foresaid Lists of persons with their qualities and degrees within every paroch as may be most clear and distinct for the effectuall ingathering of the said pole and for comptrolling the said Lists And fyfthly That in place of the penalty of ten pound scots imposed on every heretor who shall not attend and doe duety in maner prescryved in the said proclamatione the certificatione be and is Hereby appoynted to be as they will be answerable at their highest perill with power to the said Commissioners when to meet to enact themselves of Consent in such penalties as they shall judge meet for their punctuall attending and Carefull performeing of what is requyred of them by the foresaid proclamatione And Ordains these presents to be printed and published at the marcat Cross of Edinburgh and other places needfull sic subscribitur Tweeddale Cancell Mevill ps Queensberry J Morton Cassillis Leven Forfar Yester Belhaven Polwarth J Johnstoune

At Edinburgh the eight day of August Jaj vjc nynty and fyve years

A1695/8/121

Act

Act Explanatory of the proclamatione 27 July anent the pole money

The act afterinsert being extended and read in Councill was approven and signed and ordered to be printed and published whereof the tenor followeth Act Explanatory of the proclamation of the tuenty seventh July last for Collecting and inbringing of the pole money Jaj vjc nynty and fyve with additionall instructions to the Comissioners theranent
The Lords of his majesties Privy Councill in pursueance of the proclamatione of the tuenty seventh of July Last for Collecting and inbringing the pole money Jaj vjc nynty and fyve And for farder explanatione therof Doe in the first place ordaine That the Commissioners of Shyres that shall happen to meet on the second tuesday of this moneth conforme to the act of parliament doe meet by the Call of the Shirriff (who is hereby requyred to give tymeous advertisment for that end) on the first twesday of September next for divyding themselves or appoynting other Heretors into the severall parishes to the effect specified in the said act And that the magistrats of Burghs who shall happen not to meet the third tuesday of this instant conforme to the said act doe meet the said first twesday of September secondly where the subcommissioners for the Paroches are ordered by the proclamatione to Choose a fitt and responsall persone to be both Clerk and Collector of the pole of that parish They are Hereby farder requyred to take sufficient Cautione of the foresaid persone nominat to be Clerk and Collector thirdly That the said subcommissioners for the parishes are Hereby furder impower’d That if they shall find it needfull To call and Cause all Heretors or Tutors or Curators or Chamberlanes or minors2 absents To give up upon oath to the best of ther knowledge the names of all persones with their deigrees and Classes liveing and residing within their bounds fourthly That the Commissioners of the Shyres set doune and prescryve to the subcollectors for paroches such a method and schem for takeing up the foresaid Lists of persons with their qualities and degrees within every paroch as may be most clear and distinct for the effectuall ingathering of the said pole and for comptrolling the said Lists And fyfthly That in place of the penalty of ten pound scots imposed on every heretor who shall not attend and doe duety in maner prescryved in the said proclamatione the certificatione be and is Hereby appoynted to be as they will be answerable at their highest perill with power to the said Commissioners when to meet to enact themselves of Consent in such penalties as they shall judge meet for their punctuall attending and Carefull performeing of what is requyred of them by the foresaid proclamatione And Ordains these presents to be printed and published at the marcat Cross of Edinburgh and other places needfull sic subscribitur Tweeddale Cancell Mevill ps Queensberry J Morton Cassillis Leven Forfar Yester Belhaven Polwarth J Johnstoune

1. NRS, PC1/50, 239-41.

2. The phrase ‘and esceats’ scored out here.

1. NRS, PC1/50, 239-41.

2. The phrase ‘and esceats’ scored out here.

Commission by the Council, 8 August 1695, Edinburgh

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At Edinburgh the eight day of August Jaj vjc nynty and fyve years

A1695/8/111

Commission by the Council

Comissione for tryeing Mcconochies.

The Lords of his Majesties privy Councill being informed That […] Mcconachie spouse to […] McRorie at the milne burne of Inverness and […] Mcconachie, spouse to […] Mcquibane in the Castle hill near Inverness are alleadged guilty of the horrid cryme of wichgraft for which they are presently prisoners in the Tolbooth of Inverness and Considering it will be a great dale of charges and expences to bring the saids […] Mcconachies to this place in ordor to Her tryall before the Lords Commissioners of Justiciary besyds that severalls inconveniences may arryse by their transportatione and the said Lords lykewise Considering that this horrid Cryme can not 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 brough to a tryall That the persones guilty may receive condigne punishment and others may be deterred from committing so horrid a Cryme in tyme comeing They doe Hereby give full power warrand and Commissione to Master David Polsone of Kinmilnes Shirriff deput of Inverness William Baillie Commissar thereof Alexander Chisholme Baillie to the Lord Lovatt Duncan Forbes of Collodean […] Cuthbert of Castlehill and […] Duff provost of Inverness or any three of them who are Hereby declared to be a quorum to take tryall of and to judge and doe Justice upon the said […] Mcconachies presently prisoners in the said Tolbooth for the said Horrid Cryme of witchcraft and in ordor thereto To meet and Conveen at Inverness the twenty nynth day of August instant and there to accept of this present Commissione and upon their acceptance to administrat the oathe of fidelity to the persone whom James Montgomrie of Langshaw Clerk to the Justice Court shall deput and substitut to be Clerk to this present Commissione and if the said James Montgomrie shall neglect or delay to deput or substitut a Clerk as said is being requyred therto With power to the said Commissioners or ther said quorum to choise ther owne Clerk for whom they shall be answerable with power lykewise to the said Commissioners hereby Commissionat or their said quorum to Create make and constitut Serjants Dempsters and other members of the said Court and to issue out and Cause raise precepts or lybells of inditment at the instance of David Comming wryter at Inverness procurator Fiscall for his majesties interest in the said matter against the saids […] for ceitting them and the assysers and witneses in the ordinary maner and under the usuall pains and certificationes to compear before the said Commissioners hereby Comissionat or ther said quorum at Inverness the […] day of […] therafter with full power alse to them to amerciat and fyne the absent assysers and witneses and the amerciaments and fynes to uplift for ther owne use and behoove and to adjourne themselves from tyme to tyme to the effect that the pannells being fully Heard The said Commissioners or their said quorum may judge and determine the relevancy of the lybell and to call ane inqueist of fourty fyve persones who are to be ceitted on the assyse of the said persona and out of that number to choise ane assyse of fyfteen, and to administrat to them the ordinary oath in the usuall tearmes, and with power also to the said Comissioners or their said quorum to examine the witneses ceitted in presence of the said pannalls 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 therof 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 after reading and peruseing of the said indictment interloquitor to be pronounced thereon and depositions of the witneses to be taken in presence of the said pannalls and assyse To find the lybell proven against the said pannals or to assoilzie them according to Law as the 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 persons or their quorum whom they Hereby authorize and Commissionate 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 pannalls guilty of the said horrid cryme Laid to their Charge, With power to the said Commissioners or their said quorum to decerne and adjudge the said Panalls to be burned or otherwayes execute to death 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 sundrie2 things quhatsomer Competent and incumbent to be acted done and performed by any Commissioners of Justiciary3 Hetherto nominated and appoynted by the said Lords of privy Councill And the said Lords appoynts the said Commissioners or their said quorum within the space of ane moneth after pronounceing and executing of their sentance in this matter To report to the Lords Commissioners of Justiciary or to the Clerk of the Criminall Court ane authentick extract under their Hands of their said Sentance and the maner of executeing therof To the effect the 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 ansuerable Given at Edinburgh the eight day of August Jaj vjc nynty and fyve years sic subscribitur Tweeddale Melvill PS Cassillis Leven Forfar Beilhaven Polwarth J Johnstoune Ludovick Grant G Campbell Robert Cheisley.

At Edinburgh the eight day of August Jaj vjc nynty and fyve years

A1695/8/111

Commission by the Council

Comissione for tryeing Mcconochies.

The Lords of his Majesties privy Councill being informed That […] Mcconachie spouse to […] McRorie at the milne burne of Inverness and […] Mcconachie, spouse to […] Mcquibane in the Castle hill near Inverness are alleadged guilty of the horrid cryme of wichgraft for which they are presently prisoners in the Tolbooth of Inverness and Considering it will be a great dale of charges and expences to bring the saids […] Mcconachies to this place in ordor to Her tryall before the Lords Commissioners of Justiciary besyds that severalls inconveniences may arryse by their transportatione and the said Lords lykewise Considering that this horrid Cryme can not 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 brough to a tryall That the persones guilty may receive condigne punishment and others may be deterred from committing so horrid a Cryme in tyme comeing They doe Hereby give full power warrand and Commissione to Master David Polsone of Kinmilnes Shirriff deput of Inverness William Baillie Commissar thereof Alexander Chisholme Baillie to the Lord Lovatt Duncan Forbes of Collodean […] Cuthbert of Castlehill and […] Duff provost of Inverness or any three of them who are Hereby declared to be a quorum to take tryall of and to judge and doe Justice upon the said […] Mcconachies presently prisoners in the said Tolbooth for the said Horrid Cryme of witchcraft and in ordor thereto To meet and Conveen at Inverness the twenty nynth day of August instant and there to accept of this present Commissione and upon their acceptance to administrat the oathe of fidelity to the persone whom James Montgomrie of Langshaw Clerk to the Justice Court shall deput and substitut to be Clerk to this present Commissione and if the said James Montgomrie shall neglect or delay to deput or substitut a Clerk as said is being requyred therto With power to the said Commissioners or ther said quorum to choise ther owne Clerk for whom they shall be answerable with power lykewise to the said Commissioners hereby Commissionat or their said quorum to Create make and constitut Serjants Dempsters and other members of the said Court and to issue out and Cause raise precepts or lybells of inditment at the instance of David Comming wryter at Inverness procurator Fiscall for his majesties interest in the said matter against the saids […] for ceitting them and the assysers and witneses in the ordinary maner and under the usuall pains and certificationes to compear before the said Commissioners hereby Comissionat or ther said quorum at Inverness the […] day of […] therafter with full power alse to them to amerciat and fyne the absent assysers and witneses and the amerciaments and fynes to uplift for ther owne use and behoove and to adjourne themselves from tyme to tyme to the effect that the pannells being fully Heard The said Commissioners or their said quorum may judge and determine the relevancy of the lybell and to call ane inqueist of fourty fyve persones who are to be ceitted on the assyse of the said persona and out of that number to choise ane assyse of fyfteen, and to administrat to them the ordinary oath in the usuall tearmes, and with power also to the said Comissioners or their said quorum to examine the witneses ceitted in presence of the said pannalls 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 therof 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 after reading and peruseing of the said indictment interloquitor to be pronounced thereon and depositions of the witneses to be taken in presence of the said pannalls and assyse To find the lybell proven against the said pannals or to assoilzie them according to Law as the 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 persons or their quorum whom they Hereby authorize and Commissionate 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 pannalls guilty of the said horrid cryme Laid to their Charge, With power to the said Commissioners or their said quorum to decerne and adjudge the said Panalls to be burned or otherwayes execute to death 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 sundrie2 things quhatsomer Competent and incumbent to be acted done and performed by any Commissioners of Justiciary3 Hetherto nominated and appoynted by the said Lords of privy Councill And the said Lords appoynts the said Commissioners or their said quorum within the space of ane moneth after pronounceing and executing of their sentance in this matter To report to the Lords Commissioners of Justiciary or to the Clerk of the Criminall Court ane authentick extract under their Hands of their said Sentance and the maner of executeing therof To the effect the 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 ansuerable Given at Edinburgh the eight day of August Jaj vjc nynty and fyve years sic subscribitur Tweeddale Melvill PS Cassillis Leven Forfar Beilhaven Polwarth J Johnstoune Ludovick Grant G Campbell Robert Cheisley.

1. NRS, PC1/50, 237-9.

2. The word ‘and’ scored out here.

3. The word ‘hereafter’ scored out here.

1. NRS, PC1/50, 237-9.

2. The word ‘and’ scored out here.

3. The word ‘hereafter’ scored out here.

Warrant, 8 August 1695, Edinburgh

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At Edinburgh the eight day of August Jaj vjc nynty and fyve years

A1695/8/101

Warrant

[Ship William and Mary seized by French privateers]

The Lords of his Majesties privy Councill haveing considered the depositione of Corporall Robert Cafeild taken before Sir John Hill Collonell and Governour of Fort William with a representatione thereon whereby it appears to the privy Councill That the Ship called the William and Mary being his Majesties Ship bought at the publick charge for the use of the Garrisone of Fort William was in July Last taken by a French Privateer comeing in to the Harbour of Lerne and Retaken by the said Corporall and Inhabitants of Lerne And that afterwards Captaine Murray one of the Lord Dannigalls Regiment came with his Company and expelled the Corporall and Citizens that were on board the said Ship William and Mary and seized her and distroyed her provisions The said Lords doe hereby Authorize and impower Master William Hamilton, wryter to his Majesties Signet to suite and pursue for recoverie of the said Shipe and Cargoe and for punishment of the said Captain Murray and all others concerned before the Judges in Ireland as accords And Recomends to the Lords Commissioners of his Majesties Thesaurie to Cause advance and pay to the said Mr William the sum of fiftie pound sterline for the pains and travell He shall happen to be put to in prosecuting the recoverie of the said shipe2 And Appoynts the said Master William Hamilton to transmitt to the said Lords Commissioners of his majesties Theasaurie the accounts of debursments in this matter from tyme to tyme And Recomends to the said Lords to Cause payment be made to Him of the same as they shall find just and reasonable and Recomends to the Lord High Chancellor to wryte to the Deputie of Ireland and to give Instructiones to the said Mr William Hamilton for his behaviour and deportment in the said matter.

At Edinburgh the eight day of August Jaj vjc nynty and fyve years

A1695/8/101

Warrant

[Ship William and Mary seized by French privateers]

The Lords of his Majesties privy Councill haveing considered the depositione of Corporall Robert Cafeild taken before Sir John Hill Collonell and Governour of Fort William with a representatione thereon whereby it appears to the privy Councill That the Ship called the William and Mary being his Majesties Ship bought at the publick charge for the use of the Garrisone of Fort William was in July Last taken by a French Privateer comeing in to the Harbour of Lerne and Retaken by the said Corporall and Inhabitants of Lerne And that afterwards Captaine Murray one of the Lord Dannigalls Regiment came with his Company and expelled the Corporall and Citizens that were on board the said Ship William and Mary and seized her and distroyed her provisions The said Lords doe hereby Authorize and impower Master William Hamilton, wryter to his Majesties Signet to suite and pursue for recoverie of the said Shipe and Cargoe and for punishment of the said Captain Murray and all others concerned before the Judges in Ireland as accords And Recomends to the Lords Commissioners of his Majesties Thesaurie to Cause advance and pay to the said Mr William the sum of fiftie pound sterline for the pains and travell He shall happen to be put to in prosecuting the recoverie of the said shipe2 And Appoynts the said Master William Hamilton to transmitt to the said Lords Commissioners of his majesties Theasaurie the accounts of debursments in this matter from tyme to tyme And Recomends to the said Lords to Cause payment be made to Him of the same as they shall find just and reasonable and Recomends to the Lord High Chancellor to wryte to the Deputie of Ireland and to give Instructiones to the said Mr William Hamilton for his behaviour and deportment in the said matter.

1. NRS, PC1/50, 236-7.

2. The phrase ‘and Cargoe and for punishment’ scored out here

1. NRS, PC1/50, 236-7.

2. The phrase ‘and Cargoe and for punishment’ scored out here

Act, 8 August 1695, Edinburgh

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At Edinburgh the eight day of August Jaj vjc nynty and fyve years

A1695/8/91

Act

Act Captaine George Douglass

Anent the petitione given in to the Lords of his Majesties privy Councill2 By Captaine George Douglas Shewing That where the petitioner hath been prisoner in the Cannongate Tolbooth these tuenty seven moneths, noe cryme being objected to him which long tyme Hath much prejudged his affairs and Health And therfore Humblie Craveing in maner and to the effect aftermentioned as the said petitione bears. The Lords of his Majesties privy Councill haveing considered the foresaid petitione given in to them by the said Captaine George Douglass They Hereby give ordor and warrand to the magistrats of Edinburgh Baillies of the Cannongate and Keeper of their Tolbooth To set the said petitioner at Liberty furth therof In respect He hes given bond and found sufficient Cautione acted in the books of privy Councill That He shall Live peaceably under and with all submissione to the present Government of his Majestie King William And that He shall not act consult nor contryve anything in prejudice thereof nor converse or correspond with Rebells and that He shall appear before the said Lords of privy Councill when called for under the penalty of fyve thousand merks scots in Case he shall transgress in any part of the premisses and upon giving this new bond ordaines the former bond to be delyvered up to the said petitioner

At Edinburgh the eight day of August Jaj vjc nynty and fyve years

A1695/8/91

Act

Act Captaine George Douglass

Anent the petitione given in to the Lords of his Majesties privy Councill2 By Captaine George Douglas Shewing That where the petitioner hath been prisoner in the Cannongate Tolbooth these tuenty seven moneths, noe cryme being objected to him which long tyme Hath much prejudged his affairs and Health And therfore Humblie Craveing in maner and to the effect aftermentioned as the said petitione bears. The Lords of his Majesties privy Councill haveing considered the foresaid petitione given in to them by the said Captaine George Douglass They Hereby give ordor and warrand to the magistrats of Edinburgh Baillies of the Cannongate and Keeper of their Tolbooth To set the said petitioner at Liberty furth therof In respect He hes given bond and found sufficient Cautione acted in the books of privy Councill That He shall Live peaceably under and with all submissione to the present Government of his Majestie King William And that He shall not act consult nor contryve anything in prejudice thereof nor converse or correspond with Rebells and that He shall appear before the said Lords of privy Councill when called for under the penalty of fyve thousand merks scots in Case he shall transgress in any part of the premisses and upon giving this new bond ordaines the former bond to be delyvered up to the said petitioner

1. NRS, PC1/50, 235-6.

2. The word ‘Shew’ scored out here.

1. NRS, PC1/50, 235-6.

2. The word ‘Shew’ scored out here.