Tag Archives: 9 July 1696

Order, 9 July 1696, Edinburgh

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Order

Recomendatione anent John Mcfarlanes house dwes

The Lords of his majesties privie Counsell Doe heirby Recomend to the Lords Commissioners of his majesties thesaurie to cause make payment to George Drwmond keeper of the tollbwith of Edinburgh of John Mcfarline prisoner therin his house Dwes And ordaines the said John Mcfarline to be sett att Libertie notwithstanding that his house dwes are not yet payed

Att Edinburgh the nynth Day of Jullie Jaj vic nyntie Six yeirs

D1696/7/151

Order

Recomendatione anent John Mcfarlanes house dwes

The Lords of his majesties privie Counsell Doe heirby Recomend to the Lords Commissioners of his majesties thesaurie to cause make payment to George Drwmond keeper of the tollbwith of Edinburgh of John Mcfarline prisoner therin his house Dwes And ordaines the said John Mcfarline to be sett att Libertie notwithstanding that his house dwes are not yet payed

1. NRS, PC2/26, 230r.

1. NRS, PC2/26, 230r.

Act, 9 July 1696, Edinburgh

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D1696/7/141

Act

Act Jack against Patersone

Past bill of Suspensione Mr William Jack minister charger against James Paterstone and wthers called and the said Mr William Jack charger Compeareing be Sir James Stewart his majesties advocat and the said James Patersone and remanent persones defenders Suspenders Compeareing be Sir Patrick Home his majesties Sollicitor ther Advocat the past bill of Suspensione and ansuers made therto being both read And both pairties Lawiers being fullie heard The Counsell finds it relevant2 to be proven by the said Mr William Jack charger his oath of Veritie Simpliciter That he promised to the Earle of Wigtownes freinds that he Should not trouble any of the Earles tennents of his own Lands for any pairt of the Stipend And ordaines the tenents Suspenders to give ther oathes that they actwallie made payment of the Soumes contained in the discharges prodwced befor they were charged to make payment of the Soumes charged for the said Mr William Jack charger And assignes the twentie one day of Jully instant to both chargers and Suspenders to compeare and depone as said is with certificatione etc

Att Edinburgh the nynth Day of Jullie Jaj vic nyntie Six yeirs

D1696/7/141

Act

Act Jack against Patersone

Past bill of Suspensione Mr William Jack minister charger against James Paterstone and wthers called and the said Mr William Jack charger Compeareing be Sir James Stewart his majesties advocat and the said James Patersone and remanent persones defenders Suspenders Compeareing be Sir Patrick Home his majesties Sollicitor ther Advocat the past bill of Suspensione and ansuers made therto being both read And both pairties Lawiers being fullie heard The Counsell finds it relevant2 to be proven by the said Mr William Jack charger his oath of Veritie Simpliciter That he promised to the Earle of Wigtownes freinds that he Should not trouble any of the Earles tennents of his own Lands for any pairt of the Stipend And ordaines the tenents Suspenders to give ther oathes that they actwallie made payment of the Soumes contained in the discharges prodwced befor they were charged to make payment of the Soumes charged for the said Mr William Jack charger And assignes the twentie one day of Jully instant to both chargers and Suspenders to compeare and depone as said is with certificatione etc

1. NRS, PC2/26, 229v-230r.

2. The letter ‘i’ scored out here.

1. NRS, PC2/26, 229v-230r.

2. The letter ‘i’ scored out here.

Sederunt, 9 July 1696, Edinburgh

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Att Edinburgh the nynth Day of Jullie Jaj vic nyntie Six yeirs1

D1696/7/132

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Southerland; Earl of Mortowne; Earl of Leven; Earl of Annandale; Lord Yester; Lord Montgomerie; Lord Ruthven; Sir James Ogilvie; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeiller; Mr Fra: Montgomry; Laird of Grant; Laird of Blackbarrony; Laird of Stevenson; Laird of Cessnock; Laird of Bowssie; Proveist of Edinburgh

Att Edinburgh the nynth Day of Jullie Jaj vic nyntie Six yeirs1

D1696/7/132

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Southerland; Earl of Mortowne; Earl of Leven; Earl of Annandale; Lord Yester; Lord Montgomerie; Lord Ruthven; Sir James Ogilvie; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeiller; Mr Fra: Montgomry; Laird of Grant; Laird of Blackbarrony; Laird of Stevenson; Laird of Cessnock; Laird of Bowssie; Proveist of Edinburgh

1. NRS, PC2/26, 229v.

2. NRS, PC2/26, 229v.

1. NRS, PC2/26, 229v.

2. NRS, PC2/26, 229v.

Order, 9 July 1696, Edinburgh

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A1696/7/221

Order

The additionall Regulations

Sic suprascribitur William Rex
Our Soveraign Lord Having Considered the follouing additionall articles of Regulation Concerning the Session Approves and ordaines the same to be putt to execution And to have full force strength and effect Conform to the Late act of parliament made theranent And ordaines the same togither with this approbation both subscribed by his royall hand to be recorded in the books of secret Councill and Session and therafter published and printed That none pretend ignorance Given at his Majesties Camp at Corbens the 18/28 day of June 1696 and of his Majesties Reign the 8th year By his majesties Command sic subscribitur Robert Pringle
Folloues the additionall articles Concerning the session
Sic suprascribitur William Rex
The Commission appointed by his Majestie for Regulating of Judicatories Conform to the act of parliament In the first place for the further explication of the tuenty fourth article of the saids Regulations Bearing date the tuenty nynth of Aprile Jaj vjc nyntie five anent the signing of Abbreviats of Adjudication by the pronuncers therof att the tyme of pronuncing the same Considering that the saids abbreviats must be prepared and made ready by the Clerks They think fitt that for preparing and wryting therof there be alloued to the Clerk of the proces fourteen pence per sheet to be paid in by the party pursuar to the Collector appointed by the saids articles After the manner and for the uses as the other dues mentioned in the saids articles are ordered to be payed in Secundo That the Recorder for recording the saids abbreviats shall have and may take Fourty shilling scotts only if the abbreviats be Contained uithin tuo sheets And four pounds scotts and noe more as uas appointed of before for allouances if it exceed tuo sheets how many sheets soever it exceed the same And that notuithstanding by the forsaids articles of Regulation already published Fourtie shilling scotts being alloued for Recording of Abbreviats without distinction Tertio That albeit formerly ther uas noe allouance in the case of adjudications proceeding on Decreits Cognitionis causa And that the saids abbreviats be appointed In place of former allouances yet it is thought fitt and ordained That hereafter there be abbreviats of all Decreits of Adjudication as weill of these proceeding on decreits Cognitionis causa As of these come in place of apprisings uithout Distinction And that they be recorded uithin sixtie dayes and expede at the rates and with Certification Conform to the Act of parliament anent allouances Quarto That for the Greater security and satisfactione of the parties Concerned albeit abbreviats fall to be wryten a pairt and subscribed before the Extracting of Decreits yet if any party shall desire he said abbreviat to be wryten upon the back of his decreit the same shall be done if the decreit shall be extracted and the same desyred within twice sixtie dayes after the date of the pronuncing therof And the same Lord ordinary who signed the first abbreviat shall signe the second Indorsed The party Concerned paying aluayes for the wryting therof Fourteen pence per sheet as for the first abbreviat Declaring that this article being only provyded for the greater satisfaction of parties is left free to them to be used or not used as they shall think fitt And that a single Abbreviat be as sufficient as both Quinto That the money formerly in use to be payed for the depositions of parties and witnesses and Lykeuayes for the Calling and tabling of sumonds and Calling of Acts As also the money appointed to be payed for acts and Decreits not extracted By reasone of the pleas are transacted Conform to the appointment of the regulations 1672 Be paid in to the Collector for the Clerks And to their stock And that the same be attested by him or otheruise that the clerk haver of the proces may stopp the same and detaine the peices produced in proces untill the said attestation be shouen As also that all Instrument money for Instruments taken before the Lords be putt into the stock and Given to the Collector for that effect Sexto That for the under Clerks their attendance and paines in Compt and Reckonings and Ranking of Creditors as also in Commissions and Improbations wher ther is production and for their attendance upon commissions ther shall be given to them as folloues in compt and reckonings by both pursuar and defender such allowance as the Lord Ordinary shall modifie for everie meeting toties quoties not exceeding a Rex dollor from each party and in competitions of rights and rankings a dollor for every intrest to be payed by the producer And in Reductions and Improbations wherin productions shall be made a Rex dollor by the producer for the haill production thogh at Different times And for attendance upon Commissions by aither party as the Lords of the Commission shall modifie All which soumes are to be paid into and attested by the Collector Septimo That for preparing of Concluded causes to be reported and advysed by the Lords ther be paid in such allouance as the Lord preparer of the report shall modifie not exceeding tuo dollors which is to be paid in to the Collector And his attestation upon the back of the Report produced and shouen before advysing And if one of the parties be absent then he is not therafter to be 2 heard aither at preparing or advysing till he repay his halfe to the party who made the advance Octavo that at the first Inrolling of all Causes in the Inner house or Calling of Causes thereby the Lords warrand Ther be ane dollor paid by the pursuer and as much by the defender in to the Collector for the Clerks pains in Minuting the said cause during the dependence wherof a recept is to be shouen to the Keeper of the Rolls before he be obleidged to inroll the same Nono That Everie dilligence granted by the Lords uithout ane Act there be paid in to the Collector a dollor to be marked on the 3 warrant before expeding therof Decimo that for all negative oaths alloued to be summarly advysed The party Ingiver shall Give in a dollor to the Collector which is to be marked on the proces and shouen before the oath be advysed Declaring that wher ther is a bill given in for advysing of the said negative oath there shall be but one dollor paid for both the bill and advysing the oath And Lastly that Five Hundreth merks shall be added to each of the under Clerks yearly sallaries In regaird of their Great pains and attendance which shall be subject to the same defalcation the Thousand pounds scotts formerly modified was to have been Given at his Majesties Camp at Corbens the 18/28 day of June i696 And of his Majesties reigne the 8th year By his Majesties Command sic subscribitur Robert Pringle

Att Edinburgh the nynth day of July Jaj vjc nyntie six years

A1696/7/221

Order

The additionall Regulations

Sic suprascribitur William Rex
Our Soveraign Lord Having Considered the follouing additionall articles of Regulation Concerning the Session Approves and ordaines the same to be putt to execution And to have full force strength and effect Conform to the Late act of parliament made theranent And ordaines the same togither with this approbation both subscribed by his royall hand to be recorded in the books of secret Councill and Session and therafter published and printed That none pretend ignorance Given at his Majesties Camp at Corbens the 18/28 day of June 1696 and of his Majesties Reign the 8th year By his majesties Command sic subscribitur Robert Pringle
Folloues the additionall articles Concerning the session
Sic suprascribitur William Rex
The Commission appointed by his Majestie for Regulating of Judicatories Conform to the act of parliament In the first place for the further explication of the tuenty fourth article of the saids Regulations Bearing date the tuenty nynth of Aprile Jaj vjc nyntie five anent the signing of Abbreviats of Adjudication by the pronuncers therof att the tyme of pronuncing the same Considering that the saids abbreviats must be prepared and made ready by the Clerks They think fitt that for preparing and wryting therof there be alloued to the Clerk of the proces fourteen pence per sheet to be paid in by the party pursuar to the Collector appointed by the saids articles After the manner and for the uses as the other dues mentioned in the saids articles are ordered to be payed in Secundo That the Recorder for recording the saids abbreviats shall have and may take Fourty shilling scotts only if the abbreviats be Contained uithin tuo sheets And four pounds scotts and noe more as uas appointed of before for allouances if it exceed tuo sheets how many sheets soever it exceed the same And that notuithstanding by the forsaids articles of Regulation already published Fourtie shilling scotts being alloued for Recording of Abbreviats without distinction Tertio That albeit formerly ther uas noe allouance in the case of adjudications proceeding on Decreits Cognitionis causa And that the saids abbreviats be appointed In place of former allouances yet it is thought fitt and ordained That hereafter there be abbreviats of all Decreits of Adjudication as weill of these proceeding on decreits Cognitionis causa As of these come in place of apprisings uithout Distinction And that they be recorded uithin sixtie dayes and expede at the rates and with Certification Conform to the Act of parliament anent allouances Quarto That for the Greater security and satisfactione of the parties Concerned albeit abbreviats fall to be wryten a pairt and subscribed before the Extracting of Decreits yet if any party shall desire he said abbreviat to be wryten upon the back of his decreit the same shall be done if the decreit shall be extracted and the same desyred within twice sixtie dayes after the date of the pronuncing therof And the same Lord ordinary who signed the first abbreviat shall signe the second Indorsed The party Concerned paying aluayes for the wryting therof Fourteen pence per sheet as for the first abbreviat Declaring that this article being only provyded for the greater satisfaction of parties is left free to them to be used or not used as they shall think fitt And that a single Abbreviat be as sufficient as both Quinto That the money formerly in use to be payed for the depositions of parties and witnesses and Lykeuayes for the Calling and tabling of sumonds and Calling of Acts As also the money appointed to be payed for acts and Decreits not extracted By reasone of the pleas are transacted Conform to the appointment of the regulations 1672 Be paid in to the Collector for the Clerks And to their stock And that the same be attested by him or otheruise that the clerk haver of the proces may stopp the same and detaine the peices produced in proces untill the said attestation be shouen As also that all Instrument money for Instruments taken before the Lords be putt into the stock and Given to the Collector for that effect Sexto That for the under Clerks their attendance and paines in Compt and Reckonings and Ranking of Creditors as also in Commissions and Improbations wher ther is production and for their attendance upon commissions ther shall be given to them as folloues in compt and reckonings by both pursuar and defender such allowance as the Lord Ordinary shall modifie for everie meeting toties quoties not exceeding a Rex dollor from each party and in competitions of rights and rankings a dollor for every intrest to be payed by the producer And in Reductions and Improbations wherin productions shall be made a Rex dollor by the producer for the haill production thogh at Different times And for attendance upon Commissions by aither party as the Lords of the Commission shall modifie All which soumes are to be paid into and attested by the Collector Septimo That for preparing of Concluded causes to be reported and advysed by the Lords ther be paid in such allouance as the Lord preparer of the report shall modifie not exceeding tuo dollors which is to be paid in to the Collector And his attestation upon the back of the Report produced and shouen before advysing And if one of the parties be absent then he is not therafter to be 2 heard aither at preparing or advysing till he repay his halfe to the party who made the advance Octavo that at the first Inrolling of all Causes in the Inner house or Calling of Causes thereby the Lords warrand Ther be ane dollor paid by the pursuer and as much by the defender in to the Collector for the Clerks pains in Minuting the said cause during the dependence wherof a recept is to be shouen to the Keeper of the Rolls before he be obleidged to inroll the same Nono That Everie dilligence granted by the Lords uithout ane Act there be paid in to the Collector a dollor to be marked on the 3 warrant before expeding therof Decimo that for all negative oaths alloued to be summarly advysed The party Ingiver shall Give in a dollor to the Collector which is to be marked on the proces and shouen before the oath be advysed Declaring that wher ther is a bill given in for advysing of the said negative oath there shall be but one dollor paid for both the bill and advysing the oath And Lastly that Five Hundreth merks shall be added to each of the under Clerks yearly sallaries In regaird of their Great pains and attendance which shall be subject to the same defalcation the Thousand pounds scotts formerly modified was to have been Given at his Majesties Camp at Corbens the 18/28 day of June i696 And of his Majesties reigne the 8th year By his Majesties Command sic subscribitur Robert Pringle

1. NRS, PC1/50, 592-4.

2. One illegible word scored out here.

3. The word ‘back’ scored out here.

1. NRS, PC1/50, 592-4.

2. One illegible word scored out here.

3. The word ‘back’ scored out here.

Act, 9 July 1696, Edinburgh

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Att Edinburgh the nynth day of July Jaj vjc nyntie six years

A1696/7/211

Act

Act for recording and publishing the additionall regulations

The Lords of his majesties privie Councill ordaine the additionall articles of regulation Concerning the session uith his majesties approbation of the same this day read in there presence to be recorded in the books of privie Councill And also in the sederunt books of the Lords of session Conform to his Majesties speciall appointment mentioned in the said approbation And ordaines the principall to remaine in the hands of the Clerks of Councill and a true coppie therof signed and subscribed by the Lord High Chancelor To be delyvered to the Clerks of Session to Ly and remaine, in their hands as their warrand for recording therof in the books of sederunt And appoints Sir Patrick Home his majesties sollicitor to delyver a Coppie of the saids additional regulations to the saids Lords of Session at their first meeting And requyres them to Cause their Clerks registrat the same in their books of sederunt And in the mean tyme ordains the articles forsaids of additionall regulations for the Session with the Kings approbation of the same to be furthuith printed and published

Att Edinburgh the nynth day of July Jaj vjc nyntie six years

A1696/7/211

Act

Act for recording and publishing the additionall regulations

The Lords of his majesties privie Councill ordaine the additionall articles of regulation Concerning the session uith his majesties approbation of the same this day read in there presence to be recorded in the books of privie Councill And also in the sederunt books of the Lords of session Conform to his Majesties speciall appointment mentioned in the said approbation And ordaines the principall to remaine in the hands of the Clerks of Councill and a true coppie therof signed and subscribed by the Lord High Chancelor To be delyvered to the Clerks of Session to Ly and remaine, in their hands as their warrand for recording therof in the books of sederunt And appoints Sir Patrick Home his majesties sollicitor to delyver a Coppie of the saids additional regulations to the saids Lords of Session at their first meeting And requyres them to Cause their Clerks registrat the same in their books of sederunt And in the mean tyme ordains the articles forsaids of additionall regulations for the Session with the Kings approbation of the same to be furthuith printed and published

1. NRS, PC1/50, 591.

1. NRS, PC1/50, 591.

Act, 9 July 1696, Edinburgh

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Att Edinburgh the nynth day of July Jaj vjc nyntie six years

A1696/7/201

Act

Act for perfecting the revaluation of Fife

The Lords of his majesties privie Councill Having Considered the petition given in by the Commissioners revaluators of the shire of Fyfe uith the ansuears made therto by way of petition by such as Complained of the said revaluation with ane former Interloquitor past by the saids Lords in the said matter wherby his Majesties supply and all other publick burdens in use to be raised in that shire by the valuations appointed to be uplifted and Levied by the old valuation and that ay and while the said revaluation were Raised approven and perfected uithout any definite day for that effect And the saids Lords Considering how necessar it is the said matter be determined and the valuation Conform wherunto the supplie and other publict burdens should be uplifted Be fixed and certaine Therfore the saids Lords Doe appoint a publick and Generall meeting of all the Commissioners and qualified Heretors uithin that shire to be at Kirkcaldie upon teusday the fourteenth day Instant And ther to proceed by themselves or such Committies as they shall appoint with pouer to the said Committie to Choise their oune Clerk to rectifie the said revaluatione upon any Complaint of Lesion to be Given in by the particular persons against the same And that they Conclude and determine all the saids Complaints betuixt and the tuenty day of Agust nixt to Come and rectifie the said revaluation according to ther Decisions therin and perfect the same betuixt and the day forsaid And the saids Lords doe heirby declare and ordaine the said revaluation so rectified, perfected and Concluded to be the only Rule of uplifting his majesties supply payable at the terme of Lambas nixt And all other publict burdeens in use to be uplifted and Levied by the valuation in all tyme coming and noe wayes the former old valuation But prejudice aluayes to any pairt who shall pretend to be Lesed by the new Revaluation and who shall not obtaine rectification before the tuentieth of Agust to seek redress of his said Lesion at any tyme hereafter as accords in Law

Att Edinburgh the nynth day of July Jaj vjc nyntie six years

A1696/7/201

Act

Act for perfecting the revaluation of Fife

The Lords of his majesties privie Councill Having Considered the petition given in by the Commissioners revaluators of the shire of Fyfe uith the ansuears made therto by way of petition by such as Complained of the said revaluation with ane former Interloquitor past by the saids Lords in the said matter wherby his Majesties supply and all other publick burdens in use to be raised in that shire by the valuations appointed to be uplifted and Levied by the old valuation and that ay and while the said revaluation were Raised approven and perfected uithout any definite day for that effect And the saids Lords Considering how necessar it is the said matter be determined and the valuation Conform wherunto the supplie and other publict burdens should be uplifted Be fixed and certaine Therfore the saids Lords Doe appoint a publick and Generall meeting of all the Commissioners and qualified Heretors uithin that shire to be at Kirkcaldie upon teusday the fourteenth day Instant And ther to proceed by themselves or such Committies as they shall appoint with pouer to the said Committie to Choise their oune Clerk to rectifie the said revaluatione upon any Complaint of Lesion to be Given in by the particular persons against the same And that they Conclude and determine all the saids Complaints betuixt and the tuenty day of Agust nixt to Come and rectifie the said revaluation according to ther Decisions therin and perfect the same betuixt and the day forsaid And the saids Lords doe heirby declare and ordaine the said revaluation so rectified, perfected and Concluded to be the only Rule of uplifting his majesties supply payable at the terme of Lambas nixt And all other publict burdeens in use to be uplifted and Levied by the valuation in all tyme coming and noe wayes the former old valuation But prejudice aluayes to any pairt who shall pretend to be Lesed by the new Revaluation and who shall not obtaine rectification before the tuentieth of Agust to seek redress of his said Lesion at any tyme hereafter as accords in Law

1. NRS, PC1/50, 590-1.

1. NRS, PC1/50, 590-1.

Order, 9 July 1696, Edinburgh

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Att Edinburgh the nynth day of July Jaj vjc nyntie six years

A1696/7/191

Order

Recommendation anent the rable in Edinburgh

The Lords of his majesties Doe heirby Recommend to Sir James Steuart his majesties advocat against the morrow at three in the afternoon to Call for and examine all persons seised upon account of the Late rable in Edinburgh And to Call for the magistrats of Edinburgh and to take tryall in that affair And to report his opinione to the whole matter to the Councill And appoints his majesties sollicitor to informe himself who were present at the said rable aither as Actors or maybe witnesses therof And to take care that these persons be readie to attend his majesties Advocat at the tyme forsaid And ordaines the magistrats Lykeuayes to attend the Lord Advocat with what Information they can give in the forsaid matter

Att Edinburgh the nynth day of July Jaj vjc nyntie six years

A1696/7/191

Order

Recommendation anent the rable in Edinburgh

The Lords of his majesties Doe heirby Recommend to Sir James Steuart his majesties advocat against the morrow at three in the afternoon to Call for and examine all persons seised upon account of the Late rable in Edinburgh And to Call for the magistrats of Edinburgh and to take tryall in that affair And to report his opinione to the whole matter to the Councill And appoints his majesties sollicitor to informe himself who were present at the said rable aither as Actors or maybe witnesses therof And to take care that these persons be readie to attend his majesties Advocat at the tyme forsaid And ordaines the magistrats Lykeuayes to attend the Lord Advocat with what Information they can give in the forsaid matter

1. NRS, PC1/50, 590.

1. NRS, PC1/50, 590.

Commission by the Council, 9 July 1696, Edinburgh

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Att Edinburgh the nynth day of July Jaj vjc nyntie six years

A1696/7/181

Commission by the Council

Commission for trying Isobell Andersone

The Lords of his majesties privie Councill Being Informed that Isobell Andersone servitrix to Robert Forbes att the miln of Creichie is presently prisoner in the tolbooth of Aberdein as alleadged guiltie of murdering her oune Chyld And Considering that it will be a Great deall of charges and expences to bring the said Isobell Andersone to this place in order to a tryall before the Lords Commissioners of Justiciary besyds the severall Inconveniencies that may arrise by her transportation And the saids Lords Lykeuayes Considering that this Crime Cannot be Judged and tryed by any persons in the Countrey uithout a warrand and Commission from them for that effect And the saids Lords being desyrous to have the said matter brought to a tryall that the person guiltie may receave Condigne punishment and others may be deterred from Committing such ane unnaturall Crime in tyme coming They doe heirby Give full pouer warrand and Commission to Andrew Frazer of Kilmundie shirref Deput of Aberdeen George Keith of Creichie Mr James Gray of Balgouny James Gordon of Seatoune and […] Eldest baillzie of Aberdeen or any three of the saids persons whom the saids Lords doe heirby declare to be a sufficient Quorum The saids shirreff deput being aluayes one of the said three To take tryall of and to Judge and doe Justice upon the said Isobell Andersone prisoner in the said tolbooth for the said horrid Crime And in order therunto To meet and Conveen at Aberdeen the tuenty nynth day of July instant And ther to accept of this Commission And upon their acceptation to administrat the oath of fidelity to the persone whom the Lord Justice Clerk or James Montgomery of Langshaw Clerk to the Justice Court shall Deput and substitut to be Clerk to this present commission and if the saids Lord Justice Clerk or James Montgomery shall neglect or delay to deput or substitut a Clerk as said is Being requyred therto with pouer to the saids Commissioners or their said quorum to Choise their oune Clerk for whom they shall be ansuerable with pouer Lykeuayes to the persons heirby Commissionat or their said quorum to Creat make and Constitut servants Dempsters and other members of the said Court And to Issue out and Cause raise precepts or Lybells of Indictment at the instance of Alexander Lesly wryter in Aberdeen procurator fiscall for his Majesties Intrest in the said matter against the said Isobell Anderson for Citing her the Assysers and witnesses in the ordinary manner and under the usuall paines and certifications to compear before the saids commissioners heirby commissionat or their said quorum at Aberdeen the […] therafter with pouer also to them to amerciat and fyne the absent assysers and witnesses and the amerciaments and fynes to uplift for their oune use and behoove and to adjurne themselves from tyme to tyme to the effect that the pannell being fullie heard the saids commissioners or their said quorum may judge and determine the relevancy of the Lybell and to call ane inqueist of fourtie five persons who are to be cited on the assyse of the said persone and out of that number to choise ane assyse of fifteen and to administrat to them the ordinary oath in the usuall terms and with pouer also to the saids commissioners or their said quorum to examine the witnesses in presence of the said pannell and suorne inquiest upon the points that shall be admitted to probation and therafter to remitt the said Lybell and Interloquitor to be given by them anent the relevancy therof and the depositions of the witnesses to be taken in manner forsaid to the knouledge of the said inquiest and assise whom they appoint to elect a chancelor or president with a clerk and after reading and perusing of the said Indictment Interloquitor to be pronunced theron and depositiones of the witnesses to be taken in presence of the said pannell and assyse to find the lybell proven against the said pannell or to assoilzie her according to law as they will be ansuerable to God and a good conscience that they draw up their verdict accordingly and delyver the same sealled by the hand of their chancelor or president to the saids persons or their said quorum whom they heirby authorize and commissionat to advyse the haill proces and verdict of the inquiest with the depositions of the witnesses and to give and pronunce sentence condemnator or absolvitor in the said matter according to justice and in case the saids judges shall find the said pannell guiltie of the crime Laid to her charge To Decerne and adjudge the said pannell to be hanged or otheruayes execute to the death uithin such space and after such manner as they shall think fitt And Generallie with pouer to the saids Commissioners or their said quorum to act doe and perform all and sundrie things whatsomever Competent and Incumbent to be acted done and performed by any Commissioners of Justiciary hitherto nominated and appointed by the saids Lords of privie Councill and they heirby appoint the saids commissioners or their said quorum within the space of a month after pronuncing and executing of their sentence in this matter to report to the saids Lords Commissioners of his Majesties Justiciary or to the Clerk of the Criminall Court ane authentik coppie under their hands of their said proces sentence and the manner of execution therof To the effect the same may be recorded in the books of Justiciary which the Clerk to the Criminall Court is heirby requyred to record therin as he will be ansuerable Given att Edinburgh the nynth day of Jullie Jaj vjc nyntie six years sic subscribitur Poluarth cancelar Melvill Southerland Morton Leven Annandale Yester Montgomery Ruthven W Anstruther F Montgomery

Att Edinburgh the nynth day of July Jaj vjc nyntie six years

A1696/7/181

Commission by the Council

Commission for trying Isobell Andersone

The Lords of his majesties privie Councill Being Informed that Isobell Andersone servitrix to Robert Forbes att the miln of Creichie is presently prisoner in the tolbooth of Aberdein as alleadged guiltie of murdering her oune Chyld And Considering that it will be a Great deall of charges and expences to bring the said Isobell Andersone to this place in order to a tryall before the Lords Commissioners of Justiciary besyds the severall Inconveniencies that may arrise by her transportation And the saids Lords Lykeuayes Considering that this Crime Cannot be Judged and tryed by any persons in the Countrey uithout a warrand and Commission from them for that effect And the saids Lords being desyrous to have the said matter brought to a tryall that the person guiltie may receave Condigne punishment and others may be deterred from Committing such ane unnaturall Crime in tyme coming They doe heirby Give full pouer warrand and Commission to Andrew Frazer of Kilmundie shirref Deput of Aberdeen George Keith of Creichie Mr James Gray of Balgouny James Gordon of Seatoune and […] Eldest baillzie of Aberdeen or any three of the saids persons whom the saids Lords doe heirby declare to be a sufficient Quorum The saids shirreff deput being aluayes one of the said three To take tryall of and to Judge and doe Justice upon the said Isobell Andersone prisoner in the said tolbooth for the said horrid Crime And in order therunto To meet and Conveen at Aberdeen the tuenty nynth day of July instant And ther to accept of this Commission And upon their acceptation to administrat the oath of fidelity to the persone whom the Lord Justice Clerk or James Montgomery of Langshaw Clerk to the Justice Court shall Deput and substitut to be Clerk to this present commission and if the saids Lord Justice Clerk or James Montgomery shall neglect or delay to deput or substitut a Clerk as said is Being requyred therto with pouer to the saids Commissioners or their said quorum to Choise their oune Clerk for whom they shall be ansuerable with pouer Lykeuayes to the persons heirby Commissionat or their said quorum to Creat make and Constitut servants Dempsters and other members of the said Court And to Issue out and Cause raise precepts or Lybells of Indictment at the instance of Alexander Lesly wryter in Aberdeen procurator fiscall for his Majesties Intrest in the said matter against the said Isobell Anderson for Citing her the Assysers and witnesses in the ordinary manner and under the usuall paines and certifications to compear before the saids commissioners heirby commissionat or their said quorum at Aberdeen the […] therafter with pouer also to them to amerciat and fyne the absent assysers and witnesses and the amerciaments and fynes to uplift for their oune use and behoove and to adjurne themselves from tyme to tyme to the effect that the pannell being fullie heard the saids commissioners or their said quorum may judge and determine the relevancy of the Lybell and to call ane inqueist of fourtie five persons who are to be cited on the assyse of the said persone and out of that number to choise ane assyse of fifteen and to administrat to them the ordinary oath in the usuall terms and with pouer also to the saids commissioners or their said quorum to examine the witnesses in presence of the said pannell and suorne inquiest upon the points that shall be admitted to probation and therafter to remitt the said Lybell and Interloquitor to be given by them anent the relevancy therof and the depositions of the witnesses to be taken in manner forsaid to the knouledge of the said inquiest and assise whom they appoint to elect a chancelor or president with a clerk and after reading and perusing of the said Indictment Interloquitor to be pronunced theron and depositiones of the witnesses to be taken in presence of the said pannell and assyse to find the lybell proven against the said pannell or to assoilzie her according to law as they will be ansuerable to God and a good conscience that they draw up their verdict accordingly and delyver the same sealled by the hand of their chancelor or president to the saids persons or their said quorum whom they heirby authorize and commissionat to advyse the haill proces and verdict of the inquiest with the depositions of the witnesses and to give and pronunce sentence condemnator or absolvitor in the said matter according to justice and in case the saids judges shall find the said pannell guiltie of the crime Laid to her charge To Decerne and adjudge the said pannell to be hanged or otheruayes execute to the death uithin such space and after such manner as they shall think fitt And Generallie with pouer to the saids Commissioners or their said quorum to act doe and perform all and sundrie things whatsomever Competent and Incumbent to be acted done and performed by any Commissioners of Justiciary hitherto nominated and appointed by the saids Lords of privie Councill and they heirby appoint the saids commissioners or their said quorum within the space of a month after pronuncing and executing of their sentence in this matter to report to the saids Lords Commissioners of his Majesties Justiciary or to the Clerk of the Criminall Court ane authentik coppie under their hands of their said proces sentence and the manner of execution therof To the effect the same may be recorded in the books of Justiciary which the Clerk to the Criminall Court is heirby requyred to record therin as he will be ansuerable Given att Edinburgh the nynth day of Jullie Jaj vjc nyntie six years sic subscribitur Poluarth cancelar Melvill Southerland Morton Leven Annandale Yester Montgomery Ruthven W Anstruther F Montgomery

1. NRS, PC1/50, 588-90.

1. NRS, PC1/50, 588-90.

Act, 9 July 1696, Edinburgh

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Att Edinburgh the nynth day of July Jaj vjc nyntie six years

A1696/7/171

Act

Act approving the report Anent Highland Clanns

The Report of the Committie Anent the Chiftains of Highland Clanns wherof the tenor Folloues […] Edinburgh the Eight of July Jaj vjc nyntie six Sederunt Duke of Queensberry Earls of Southerland and Annandale Sir James Ogilvie Lord Secretary of State Lord Advocat and the Laird of Grant The Earle of Annandale being Elected preses. It is the opinion of the Committie That ther being feu at present Compearing of the Chiftains and others of the Highlands to Give bond for there Men tennents and servants as they were charged And it being also fitt that one Generall Course should be taken uith all uith them Therfore the matter should be delayed and these attending the Councill Dismissed untill the Councill Give Commission to such persons as they shall think fitt uithin the saids bounds to take bonds Conform to the acts of parliament from the saids Chiftains and others charged And that the forme of the bond be drauen up and appointed by the Lords of Councill and that the bonds which shall be given with the Lists be returned to the Clerk of the Councill sic subscribitur Annandale which report being this day read in presence of the saids Lords And they having Considered the same They heirby approve therof And Interpone their authority therto

Att Edinburgh the nynth day of July Jaj vjc nyntie six years

A1696/7/171

Act

Act approving the report Anent Highland Clanns

The Report of the Committie Anent the Chiftains of Highland Clanns wherof the tenor Folloues […] Edinburgh the Eight of July Jaj vjc nyntie six Sederunt Duke of Queensberry Earls of Southerland and Annandale Sir James Ogilvie Lord Secretary of State Lord Advocat and the Laird of Grant The Earle of Annandale being Elected preses. It is the opinion of the Committie That ther being feu at present Compearing of the Chiftains and others of the Highlands to Give bond for there Men tennents and servants as they were charged And it being also fitt that one Generall Course should be taken uith all uith them Therfore the matter should be delayed and these attending the Councill Dismissed untill the Councill Give Commission to such persons as they shall think fitt uithin the saids bounds to take bonds Conform to the acts of parliament from the saids Chiftains and others charged And that the forme of the bond be drauen up and appointed by the Lords of Councill and that the bonds which shall be given with the Lists be returned to the Clerk of the Councill sic subscribitur Annandale which report being this day read in presence of the saids Lords And they having Considered the same They heirby approve therof And Interpone their authority therto

1. NRS, PC1/50, 587-8.

1. NRS, PC1/50, 587-8.

Commission by the Council, 9 July 1696, Edinburgh

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Att Edinburgh the nynth day of July Jaj vjc nyntie six years

A1696/7/161

Commission by the Council

Commission for trying Isobell Fentoune

The Lords of his Majesties privie Councill Being Informed that Elizabeth Fentoune prisoner in the tolbooth of Pearth is presently prisoner in the tolbooth of […] as alleadged guiltie of murdering her oune Chyld And Considering that it will be a Great dale of charges and expences to Bring the said Elizabeth Fentoune to this place in order to a tryall before the Lords Commissioners of Justiciary Besyds the severall Inconveniencies that may arryse by her transportation And the saids Lords Lykewayes Considering that this Crime Cannot be Judged and tryed by any persons in the Countrey without a warrand and Commission from them for that effect And The saids Lords Being desyrous to have the said matter brought to a tryall That the persone guiltie may receave Condigne punishment And others may be deterred from Committing such ane unnaturall Crime in tyme coming They Doe heirby Give full pouer warrand and Commission to Alexander Blair of Corbs shirreff deput of Pearth Mr James Craigie younger of Dumbarnie and Lauchlane McIntosh tutor of Dalmungo To take tryall of And to Judge and doe Justice upon the said Elizabeth Fentoune, prisoner in the said tolbooth for the said horrid Crime, and in order therto To meet and Conveen at Pearth the threttie one of July instant And ther to accept of this Commission And upon their acceptance to administrat the oath of fidelity to the persone whom the Lord Justice Clerk or James Montgomery of Langshaw Clerk to the Justice Court shall deput and substitut to be Clerk to this present Commission And if the saids Lord Justice Clerk or James Montgomery shall neglect or delay to deput or substitut a clerk as said is being requyred therto with full pouer to the saids Commissioners to Choise their oune Clerk for whom they shall be ansuerable uith full pouer Lykeuayes to the persons heirby Commissionat to Creat make and Constitut serjants dempsters and other members of the said Court and to Issue out and Cause raise precepts or Lybells of Indictment at the instance of John Whyte wryter in Pearth procurator fiscall ther, procurator fiscall for his majesties intrest in the said matter against the said Elizabeth Fentoune for Citing her the assyzers and uitnesses in the ordinary manner and under the usuall paines and Certifications To Compear before the saids Commissioners heirby Commissionat the […] day therafter with pouer also to them to amerciat and fyne the absent assyzers and witnesses And the amerciaments and fynes to uplift for their oune use and behove And to adjurne themselves from tyme to tyme To the effect that the pannell being fullie heard The saids Commissioners may Judge and determine the relevancy of the Lybell And to Call ane Inquiest of Fourtie five persons who are to be Cited on the assyse of the said persone And out of that number to Choise ane assyse of Fifteen And to administrat to them the ordinary oath in the usuall tearms And with pouer also to the saids Commissioners to examine the witnesses in presence of the said pannell and suorn Inquiest upon the points that shall be admitted to probation And therafter to remitt the said Lybell and Interloquitor to be given by them anent the relevancy therof and the depositiones of the witnesses to be taken In manner forsaid to the knouledge of the said Inquiest and assyse whom they appoint to Elect a Chancelor or president uith a Clerk and after reading and perusing of the said indictment interloquitor to be pronunced theron and Depositiones of the uitnesses to be taken in presence of the said pannell and assize To Find the Lybell proven against the said pannell or to assoilzie her according to Law As they uill be ansuerable to God and a Good Conscience That they draw up their verdict accordingly and Delyver the same sealled by the hand of their Chancelor or president to the saids persons whom they heirby authorize and Commissionat to advyse the haill proces and verdict of the Inquiest uith the depositiones of the uitnesses And to give and pronunce sentence Condemnator or absolvitor in the said matter according to Justice And in case the saids Judges shall find the said pannell guiltie of the said Crime Laid to her charge with pouer to the saids Commissioners To decerne and adjudge the said pannell to be hanged or otheruayes execute to the death within such space and after such a manner as they shall think fitt And appoints the saids Commissioners and Clerk to transmitt the haill proces which shall be laid before them against the said Elizabeth Fentoune and severall stepps therof and verdict of the Inquiest to be Given therupon to the saids Lords of his Majesties privie Councill betuixt and the Fifteenth day of September next To be Considered by them And discharges the saids Commissioners to suffer the sentence which shall be pronunced by them against the said Elizabeth Fentoun to be putt to executione or to appoint or affix a day for executing therof without speciall order and warrand had and obtained from the saids Lords of privie Counsell for that effect And Generallie uith full pouer to the saids Commissioners to Act doe and performe all and sundrie things whatsoever Competent and Incumbent to be acted, done or performed by any Commissioners of Justiciary hitherto nominated and appointed by the saids Lords of privie Counsell And they heirby appoint the saids Commissioners uithin the space of ane month after pronuncing and executing of their sentence in this matter upon speciall warrand to be Given by the Councill for doing the same To report to the Lords Commissioners of his Majesties Justiciary or to the Clerk of the Criminall Court ane authentick coppie under their hands of their said proces, sentence and the manner of executing therof To the effect the same may be recorded in the books of Justiciary which the Clerk to the Criminall Court is heirby requyred to record therin as he will be ansuerable Given at Edinburgh the nynth day of Jullie Jaj vjc nyntie six years sic subscribitur Poluarth cancelar Melvill p:s Southerland Morton Leven Annandale Yester Montgomerie W Anstruther Ruthven Fra Montgomery

Att Edinburgh the nynth day of July Jaj vjc nyntie six years

A1696/7/161

Commission by the Council

Commission for trying Isobell Fentoune

The Lords of his Majesties privie Councill Being Informed that Elizabeth Fentoune prisoner in the tolbooth of Pearth is presently prisoner in the tolbooth of […] as alleadged guiltie of murdering her oune Chyld And Considering that it will be a Great dale of charges and expences to Bring the said Elizabeth Fentoune to this place in order to a tryall before the Lords Commissioners of Justiciary Besyds the severall Inconveniencies that may arryse by her transportation And the saids Lords Lykewayes Considering that this Crime Cannot be Judged and tryed by any persons in the Countrey without a warrand and Commission from them for that effect And The saids Lords Being desyrous to have the said matter brought to a tryall That the persone guiltie may receave Condigne punishment And others may be deterred from Committing such ane unnaturall Crime in tyme coming They Doe heirby Give full pouer warrand and Commission to Alexander Blair of Corbs shirreff deput of Pearth Mr James Craigie younger of Dumbarnie and Lauchlane McIntosh tutor of Dalmungo To take tryall of And to Judge and doe Justice upon the said Elizabeth Fentoune, prisoner in the said tolbooth for the said horrid Crime, and in order therto To meet and Conveen at Pearth the threttie one of July instant And ther to accept of this Commission And upon their acceptance to administrat the oath of fidelity to the persone whom the Lord Justice Clerk or James Montgomery of Langshaw Clerk to the Justice Court shall deput and substitut to be Clerk to this present Commission And if the saids Lord Justice Clerk or James Montgomery shall neglect or delay to deput or substitut a clerk as said is being requyred therto with full pouer to the saids Commissioners to Choise their oune Clerk for whom they shall be ansuerable uith full pouer Lykeuayes to the persons heirby Commissionat to Creat make and Constitut serjants dempsters and other members of the said Court and to Issue out and Cause raise precepts or Lybells of Indictment at the instance of John Whyte wryter in Pearth procurator fiscall ther, procurator fiscall for his majesties intrest in the said matter against the said Elizabeth Fentoune for Citing her the assyzers and uitnesses in the ordinary manner and under the usuall paines and Certifications To Compear before the saids Commissioners heirby Commissionat the […] day therafter with pouer also to them to amerciat and fyne the absent assyzers and witnesses And the amerciaments and fynes to uplift for their oune use and behove And to adjurne themselves from tyme to tyme To the effect that the pannell being fullie heard The saids Commissioners may Judge and determine the relevancy of the Lybell And to Call ane Inquiest of Fourtie five persons who are to be Cited on the assyse of the said persone And out of that number to Choise ane assyse of Fifteen And to administrat to them the ordinary oath in the usuall tearms And with pouer also to the saids Commissioners to examine the witnesses in presence of the said pannell and suorn Inquiest upon the points that shall be admitted to probation And therafter to remitt the said Lybell and Interloquitor to be given by them anent the relevancy therof and the depositiones of the witnesses to be taken In manner forsaid to the knouledge of the said Inquiest and assyse whom they appoint to Elect a Chancelor or president uith a Clerk and after reading and perusing of the said indictment interloquitor to be pronunced theron and Depositiones of the uitnesses to be taken in presence of the said pannell and assize To Find the Lybell proven against the said pannell or to assoilzie her according to Law As they uill be ansuerable to God and a Good Conscience That they draw up their verdict accordingly and Delyver the same sealled by the hand of their Chancelor or president to the saids persons whom they heirby authorize and Commissionat to advyse the haill proces and verdict of the Inquiest uith the depositiones of the uitnesses And to give and pronunce sentence Condemnator or absolvitor in the said matter according to Justice And in case the saids Judges shall find the said pannell guiltie of the said Crime Laid to her charge with pouer to the saids Commissioners To decerne and adjudge the said pannell to be hanged or otheruayes execute to the death within such space and after such a manner as they shall think fitt And appoints the saids Commissioners and Clerk to transmitt the haill proces which shall be laid before them against the said Elizabeth Fentoune and severall stepps therof and verdict of the Inquiest to be Given therupon to the saids Lords of his Majesties privie Councill betuixt and the Fifteenth day of September next To be Considered by them And discharges the saids Commissioners to suffer the sentence which shall be pronunced by them against the said Elizabeth Fentoun to be putt to executione or to appoint or affix a day for executing therof without speciall order and warrand had and obtained from the saids Lords of privie Counsell for that effect And Generallie uith full pouer to the saids Commissioners to Act doe and performe all and sundrie things whatsoever Competent and Incumbent to be acted, done or performed by any Commissioners of Justiciary hitherto nominated and appointed by the saids Lords of privie Counsell And they heirby appoint the saids Commissioners uithin the space of ane month after pronuncing and executing of their sentence in this matter upon speciall warrand to be Given by the Councill for doing the same To report to the Lords Commissioners of his Majesties Justiciary or to the Clerk of the Criminall Court ane authentick coppie under their hands of their said proces, sentence and the manner of executing therof To the effect the same may be recorded in the books of Justiciary which the Clerk to the Criminall Court is heirby requyred to record therin as he will be ansuerable Given at Edinburgh the nynth day of Jullie Jaj vjc nyntie six years sic subscribitur Poluarth cancelar Melvill p:s Southerland Morton Leven Annandale Yester Montgomerie W Anstruther Ruthven Fra Montgomery

1. NRS, PC1/50, 585-7.

1. NRS, PC1/50, 585-7.