A1698/4/10
A1698/4/102
Sederunt
Marquis of Tweddale; Earl of Southerland; Earl of Annandale; Earl of Ruglen; Lord Yester; Viscount Tarbat; Viscount Teviot; Lord Justice-Clerk; Lord Provost of Edinburgh
1. NRS, PC1/51, 415.
2. NRS, PC1/51, 416.
1. NRS, PC1/51, 415.
2. NRS, PC1/51, 416.
A1698/4/9
A1698/4/91
Commission by the Council
The Lords of his majesties privy Councill Being Informed That Robert Johnstoun son to Oliver Johnstoun in Suanie in the paroch of Birssie is alleadged guilty of murdering Margaret Johnstoun his own wife And Considering it will be a great Deal of charges and Expenses To Bring the said Robert Johnstoun To this place In order To a Tryall Before the Lords Commissioners of Justiciary besides that severall Inconveniencies may arise by his transportation And their Lordships Likewise Considering That this horrid Crime cannot be tried and Judged by any persons in the Countrey without a Warrant and Commission from them for that Effect, And the saids Lords being desireous To have the said matter brought to a Tryall That the persone guilty may receave condigne punishment and others may be deterred from Committing so horrid a cryme in tyme Coming. They Doe heirby Give full power warrant and Commission To William Meinzies of Raw writer to the Signet Stewart and Justiciar Deput of Orkney and Zetland Henry Graham of Braikness Elder James Baikie of Tankerness James Graham of Grahamshall Elder Robert Stewart of Newark David Traill of Beba and George Traill Late provost of Kirkwall or any Three of them to be a quorum The said Stewart and Justiciar Deput being always one of the Three And the saids Commissioners or their said quorum being qualified by taking the oath of alledgance and assurance before they Enter upon the Execution of their office be vertue heirof, To take tryall of and to Judge and doe Justice upon the said Robert Johnstoun for the said Crime of Murder and In order thereto to meet and Conveen att […] And There to accept of this present Commission and upon their acceptance to administrate the oath of fidelity To the person whom the Lord Justice-Clerk and James Montgomry of Langshaw Clerk to the Justice Court shall Deput and substitute to be Clerk To this present Commission with power to the saids Commissioners or their said quorum To choice their own Clerk for whom they shall be answerable In caice That the said Lord Justice-Clerk and James Montgomry shall refuse to nominate a Clerk in this matter, they being First required so to doe with power Likeways to the saids persons heirby Commissionat or their said quorum To Create make and Constitute Serjants Dempsters and other members of the said court, And To Isue out and cause Raise precepts or Lybles of Indictment att the Instance of […] procurator Fiscall for his majesties Interest in the said matter against the said Robert Johnstoun accused for murder For summonding and citeing him upon Fifteen days by delivering to him a full Coppie of the Lyble or Indictment with the names and designationes of the assizers and Witnesses subjoined and For citeing the assizers and Witnesses in the ordinary manner and under the usual pains and Certifications To Compear before the saids Commissioners heirby Commissionat or their said quorum att […] With power also To them to amerciat and fine the absent assizers and witnesses and the amerciaments And Fines to uplift for their own use and Behoove and to adjourn themselves from tyme to tyme till the Relevancy be discust To the Effect That the pannel being fully heard The saids Commissioners or their said quorum may Judge and Determine the said Relevancy of the Lyble And to call ane Inquest of Fourty Five persons who are to be cited on the assize of the said pannell and a List of ther names and designationes given In to the said person accused with his Lyble as said is And after the discussing of the Relevancy of the said Lyble in presence of the said persons of Inqueist by pronunceing ane Interloquitor thereon out of that number to choice ane assize of Fifteen and to administrat to them The ordinary oath in the usual terms, And with power also to the saids Commissioners or ther said quorum To Examine The witnesses to be cited in presence of the said pannell and sworn Inquest upon the points That shall be admitted To pobatione And Immediatly therafter without any adjournment To Remitt the said Lyble 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 Knowledge of the said Inquiest and assize who without delay or going out of the Court are to be Inclosed by themselves and are heirby appointed To Remain so Inclosed and none suffered to be with them or to have access to them or any of themselves suffered to goe out untill they be agreed and Conclude their answer. And to Elect a Chancellor or President with a Clerk of their own number And after reading and perusing of the said Indictment Interloquitor to be pronunced therein and depositiones of the witnesses To be taken in presence of the said pannell and assize They are to find The Lyble proven against the said pannell or not according to Law as they will be answerable to God and a good Conscience and That they draw up their verdict accordingly Bearing what way Every assizer doth vote and deliver the samen being First subscrived by the Chancellor and Clerk, and sealed by the hand of their Chancelor or President To the saids Commissioners or their said quorum Whom they heirby authorise and Commissionat To advise The hail process and verdict of the Inqueist And to give and pronunce Sentence condemnator or absolvitor in the said matter according to Justice and in caice the saids persons shall find the pannell guilty of the Cryme layed to his charge with power to the saids Commissioners or their said quorum To Decerne and adjudge him to be hanged or otherways to be Execute To the Death, within such space and after such a manner as they shall Think fitt, and generally with power to the saids Commissioners or their said quorum To act doe and perform all and Sundry 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 privy Councill. And the saids Lords appoints The said Commissioners or their said quorum within the space of […] After pronunceing and Executing of their sentence 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 process sentence and the manner of Executing thereof to the Effect the samen may be Recorded in the Books of Justiciar which the Clerk to The Criminall Court is heirby required to record therein as he will be answerable. Givin att Edinburgh The seventh day of Aprile Jaj vic nynty Eight years. Sic subscribitur Annandale P. Southerland, Ruglen Tarbat, Yester, Carmichaell, James Stewart Adam Cockburn Robert Sinclair.
1. NRS, PC1/51, 413-5.
1. NRS, PC1/51, 413-5.
A1698/4/8
A1698/4/81
Act
Anent the Petition given in To the Lords of his majesties privy Councill by John Adair Geographer Shewing That ther Lordships having by ane act dated the 15th February Last ordered £5400 Scots to be payed to the petitioner for providing a vessell, Long Boatt, Pilats, Seamen, and paying the other necessar charge of his Expedition to the Western Isles this summer, which soume was to be payed Instantly out of the first and readiest of the Soume of £7299 Scots which att that time was said to be remaining of the Tunnage money Indisposed of conform to account given in by the Collectors To Hugh Broun and by him to their Lordships. But after all the diligence used against the Collectors and skippers and the charge and pains which the Petitioner has been at To provide necessars for his Expedition which should have been by this Tyme on foot not above one Hundered pounds sterling of the above soume can be made Effectuall, many of the collectors being out of their office and out of the Way and all of them retaining a considerable part of their Collection for their pains. And Therfore Humbly Craving to the Effect underwrittin as the said petition Bears. The saids Lords of his Majesties privy Councill having Considered this Petition given In to them by the above John Adair and petition by way of answer thereto by Captain Sletzer They heirby appoint George Bailie of Jerviswood his majesties Generall Receaver. To doe speedy and Exacty Diligence against the Receavers and Collectors of the above Tunnage and to make payment To the said John Adair of the soume of Five Thousand and Four Hundered pounds scots conform to the act of Councill above mentioned and that out of the First End of the forsaid tunnage Receaved or to be Receaved by the said Generall Receaver at Least of so much thereof as remains unpaid by the said Generall Receaver to him.
1. NRS, PC1/51, 413.
1. NRS, PC1/51, 413.
A1698/4/7
A1698/4/71
Act
The Lords of his majesties privy Councill Taking to their Consideration the Representation made to them In behalf of the Commission of the Late Generall assembly of the Church That there were Two Commities of ministers and Elders appointed to visit the northern pairts of this Kingdom as farr as Orkney and Zetland, And That it may be much for their Encouragement and the advantage of the good work committed to them To have the Recommendation aftermentioned Doe therfore Recommend To and require all sheriffs, Bailies, Stewarts, and their Deputs, magistrats of Burghs Justices of peace and other officers of the Law whatsomever To give to the saids Committees and each of them all the Concurrence Countenance and assistance which the Law allows And that they protect Encourage and fortifie them in the good work committed to them as accords and that as they will be answerable upon their Duty.
1. NRS, PC1/51, 412.
1. NRS, PC1/51, 412.
A1698/4/6
A1698/4/61
Procedure
In absence of the Lord Chancelor and President of Councill The Earle of Annandale elected preses for the tyme.
1. NRS, PC1/51, 412.
1. NRS, PC1/51, 412.
A1698/4/5
A1698/4/52
Sederunt
Earl of Southerland; Earl of Annandale; Earl of Ruglen; Lord Yester; Viscount Tarbat; Lord Carmichaell; Lord Advocate; Lord Justice-Clerk; Lord Philiphaugh; Lord Halcraig; Laird of Stevensone; Lord Provost of Edinburgh
1. NRS, PC1/51, 412.
2. NRS, PC1/51, 412.
1. NRS, PC1/51, 412.
2. NRS, PC1/51, 412.
A1698/4/4
A1698/4/41
Act
A Letter from Brigadier Maitland Governour of Fortwilliam To his majesties Advocate Being Read The Councill Remitts to his majesties Advocate To apply to the Lords Commissioners of his majesties Thesaury For what is mentioned in the Letter being anent the Condition of the said Garrison.
1. NRS, PC1/51, 412.
1. NRS, PC1/51, 412.
A1698/4/3
A1698/4/31
Letter: royal
His Majesties Letter for Receaving The Lord Yester a privy Councellor Being Read was ordered to be Recorded And the said Lord Yester being called for, And having Come in, he did swear and take the oath of Alledgance to his Majestie and subscribed the assurance appointed by act of Parliament and Likeways The association as is done by other Councellors Before him, And the Earle of Annandale president of the Councill for the Tyme Having administred to him the oath de fideli He was receaved a privy Councellor conform to his majesties Letter and took his place at the Board accordingly. Follows the Tenor of the said Letter:
Sic suprascribitur William Rex:
Right Trusty and Right welbeloved Cousin and Councellor, Right Trusty and Entirely beloved Cousin and Councellor, Right trusty and right welbeloved Cousins and Councellors, Right trusty and wellbeloved Cousins and Councellors, Right Trusty and wellbeloved Councellors, and Trusty and wellbeloved Councellors. Wee greet yow well: Wheras In consideration of the Loyalty and abilitie of […] Lord Yester, Wee have thought fitt to add him to the privy Councill of that our ancient Kingdom It is Therfore our will and pleasure and wee doe heirby authorize and require yow to admitt and Receave him into that our privy Councill in the ordinary form and method in such caices accustomed. For doing wherof this shall be your warrand. And so wee bidd yow heartily farewell. Given att our court at Kensingtoun The 1st day of March 1697/8 and of our reign The nynth year. By his Majesties Command sic subscribitur Tullibardine.
1. NRS, PC1/51, 411-12.
1. NRS, PC1/51, 411-12.
A1698/4/2
A1698/4/21
Decreet
Anent the Lible or Letters of Complaint raised and persued before the Lords of his majesties privy Councill att the Instance of Sir James Stewart his majesties Advocate for his Highness Interest in the matter underwritten Mentioning That where be the Laws and acts of Parliament all ministers and preachers within this Kingdom are to qualifie themselves by swearing The oath of alledgance to his majestie and subscriving the same with the Assurance mentioned in the saids acts and that under the Certification therein mentioned yet nevertheless It is of verity That Mr John Gall Incumbent in Kinfauns and Mr Thomas Hall Incumbent in St Modois Continues and presumes to preach and to Exerce the other pairts of the ministeriall function without having qualified themselves Conform to the appointment of the saids acts By swearing the oath of alledgance and by subscriving the same with the Assurance, Wherby they and Each of them have Incurred the Certification, Contained in the said acts and ought to be Deprived and removed as use is, in such caices and farther the said Mr John Gall and Mr Thomas Hall have not only since the Elapsing of the days sett by the saids acts for ministers qualifieing themselves as said is Contemptuously continued to preach and Exerce each of them their ministrie as of before, But if need beis can be proven each of them to be guilty of several Irregularities such as Disorderly Baptizeing and marrieing Besides the said Mr John and Mr Thomas and each of them have ever since the happy Revolution altogether neglected to Read the publick proclamations solemnly appointed by authoritie for observing of daies of fasts and thanksgiving. As also notwithstanding That the saids Mr John and Mr Thomas were upon the Twenty Eight day of July Last bypast deposed by the presbetry of Perth and the same duely Intimat to them yet they Most Contemptiously Continue To preach and Exerce all the pairts of their ministeriall functions to the great Disquiet and disorder of the neighbouring paroches about, And particularly the said Mr John Gall since his said Deposition hath administrat the sacrament of the Lords Supper and admitted severall persons thereto from severall distinct paroches without Certificates To the great disorder of the Church, for doing whereof they and Each of them are Censurable, By all which It is Evident That the said Mr John Gall and Mr Thomas Hall and each of them ought to be declared to be deprived from their Benefices in the Terms of The saids acts and ordained to remove from their Manses and Gleibs within a certan short space and never to Exerce their ministry or any part of their ministerial function within the saids paroches or Bounds thereof To the Example and Terror of others To Committ the Like in tyme coming. And Anent The charge given To the said defenders, To have Compeared personally Before the saids Lords of his majesties privy Councill att ane certan day bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and course taken thereanent as the saids Lords should think fitt under the pain of Rebellion and putting of them to the horn with Certification etc as in the said Lyble or Letters of Complaint with the Executions thereof att more Length proports. Which Lyble being this day called In presence of the Lords of his Majesties privy Councill And his Majesties Advocate as persuar and the saids Two persons defenders abovenamed Compearing all personally The defenders acknowledged That they were not qualified in the terms of the act of parliament and are deposed by the presbetrie and that they have preached notwithstanding thereof and that Mr Gall hade also given the Sacrament The saids Lords having Considered the forsaids Lybles with the Defenders acknowledgement abovewritten, They find the Lybles proven in so farr as is acknowledged by the said defenders. And Therfore have Deprived and heirby Deprives them of their benefices of the saids respective Kirks And Declairs their saids Kirks of Kinfauns and St Madois to be both vacant and discharges the saids defenders To preach or Exercise any pairt of their ministerial function within their saids paroches and Bounds thereof. Viz: The said Mr John Gall within the paroch of Kinfauns and the said Mr Thomas Hall within the paroch of St Madois. And Decernes and ordains the saids Defenders To flitt and Remove themselves their wifes bairns Tennents and servants furth and from their respective manses and Gleibs of the samen paroches and to leave the samen void and Rid and to remove furth of their saids paroches and that betwixt and the term of Whitsunday next to come And ordains Letters of Horning under the signet of Councill on Fiftene days and others to be direct heiron in form as Effeirs.
1. NRS, PC1/51, 410-11.
1. NRS, PC1/51, 410-11.
A1698/4/1
A1698/4/12
Sederunt
Marquis of Tweddale; Earl of Southerland; Earl of Annandale; Lord Yester; Lord Carmichaell; Lord Advocate; [Lord] Justice-Clerk; [Lord] Philiphaugh; Lord Halcraig; Lord Provost of Edinburgh
1. NRS, PC1/51, 409.
2. NRS, PC1/51, 410.
1. NRS, PC1/51, 409.
2. NRS, PC1/51, 410.