Tag Archives: April

Warrant, 27 April 1697, Edinburgh

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Att Edinburgh the Tuenty seventh day of Aprile Jaj vic nyntie seven years

A1697/4/411

Warrant

Warrand to raise a Criminall process Against Clackmannan

The Lords of his Majesties privie Councill Being acquainted by the Lord Advocat that […] Bruce of Clackmannan being divorced from his Lady upon account of his adultery Hes most Contemptuously since the Divorce marryed the woman with whom he had Committed the adultery upon which the divorce folloued and Lives publickly in family uith her To the Great scandall of religion and the Government The saids Lords Doe heirby Recommend to Sir James Steuart his Majesties Advocat to raise and follow furth a proces at his instance against the said Laird of Clackmannan aither before the Lord Justice Generall Justice Clerk and remanent Lords Commissioners of his Majesties Justiciary or before their Lordships of Councill as the said Lord Advocat shall think most propper.

Att Edinburgh the Tuenty seventh day of Aprile Jaj vic nyntie seven years

A1697/4/411

Warrant

Warrand to raise a Criminall process Against Clackmannan

The Lords of his Majesties privie Councill Being acquainted by the Lord Advocat that […] Bruce of Clackmannan being divorced from his Lady upon account of his adultery Hes most Contemptuously since the Divorce marryed the woman with whom he had Committed the adultery upon which the divorce folloued and Lives publickly in family uith her To the Great scandall of religion and the Government The saids Lords Doe heirby Recommend to Sir James Steuart his Majesties Advocat to raise and follow furth a proces at his instance against the said Laird of Clackmannan aither before the Lord Justice Generall Justice Clerk and remanent Lords Commissioners of his Majesties Justiciary or before their Lordships of Councill as the said Lord Advocat shall think most propper.

1. NRS, PC1/51, 190-1.

1. NRS, PC1/51, 190-1.

Warrant, 27 April 1697, Edinburgh

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Att Edinburgh the Tuenty seventh day of Aprile Jaj vic nyntie seven years

A1697/4/401

Warrant

Warrand for shutting up the meeting house at Dudhope

The Lords of his Majesties privie Councill Doe heirby Give order and warrand to the Shirreff principall of the shire of Angus and his deputs The Constable of Dundie and his deputes or any other Judges or Magistrats whatsomever uithin whose bounds or Jurisdiction The house of Dudhope which is made use of by non Conforming Ministers as a Meeting House Lyes and wherin these Ministers doe preach To Cause Shutt up the said house and take Care that the samen be not made use of as a Meeting house by the saids non Conforming Ministers at any tyme herafter.

Att Edinburgh the Tuenty seventh day of Aprile Jaj vic nyntie seven years

A1697/4/401

Warrant

Warrand for shutting up the meeting house at Dudhope

The Lords of his Majesties privie Councill Doe heirby Give order and warrand to the Shirreff principall of the shire of Angus and his deputs The Constable of Dundie and his deputes or any other Judges or Magistrats whatsomever uithin whose bounds or Jurisdiction The house of Dudhope which is made use of by non Conforming Ministers as a Meeting House Lyes and wherin these Ministers doe preach To Cause Shutt up the said house and take Care that the samen be not made use of as a Meeting house by the saids non Conforming Ministers at any tyme herafter.

1. NRS, PC1/51, 190.

1. NRS, PC1/51, 190.

Sederunt, 27 April 1697, Edinburgh

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Att Edinburgh the Tuenty seventh day of Aprile Jaj vic nyntie seven years1

A1697/4/392

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Forfar; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Lord Anstruther; Mr Francis Montgomery

Att Edinburgh the Tuenty seventh day of Aprile Jaj vic nyntie seven years1

A1697/4/392

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Forfar; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Lord Anstruther; Mr Francis Montgomery

1. NRS, PC1/51, 190.

2. NRS, PC1/51, 190.

1. NRS, PC1/51, 190.

2. NRS, PC1/51, 190.

Act, 22 April 1697, Edinburgh

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Att Edinburgh the Tuentie Second day of Aprile Jaj vic nyntie seven years

A1697/4/381

Act

Act Leivtennant Chisholm upon the Lady Gradens Bill

Anent the petitione given in to the Lords of his Majesties privy Councill By the Lady Graden and her daughter Sheuing That their Lordships having Committed Leivtennant Chisholme Late pay master to the Lord Lorns regiment to prisone till he should find Caution to Goe to London And ansuer the Claime pursued before the Court Martiall ther at the said Lady Gradens instance for money due to the deceast Leivtennant Colonell Hume her son And being Informed that the said Leivtennant Chisholme hes made application to their Lordships Craving to be sett at Libertie And that the said Lady Graden be ordained to bear his expences in going to London and during his stay ther And therfore it Is humbly Represented that this bussiness hes been stated before the Court martiall who having heard and Considered the Claime given in by the Lady Graden Found the charge to amount to Four hundred thretty six pound Eight shilling and seven pennies which the said Leivtennant must take auay by a discharg or Instruct every article therof And seing the Court martiall will rise in a few dayes before he Can reach London And that the petitioners desyre nothing but securitie for their Claime They doe Consent that the said Leivtennant be sett at Libertie provyding he find sufficient Caution here to pay what shall be found due of the said charge to them which It is hoped their Lordships will find Just and reasonable Wheras the said Leivtennant pretends that Leivtennant Colonell Hume uas ouing money to the regiment and officers It is altogether denyed nor was it ever heard of till now though it be near tuo years since the Leivtennant Collonell dyed And the most part of the officers of the Lord Lorns regiment have been here since But never pretended one farthing to be ouing to them which certainly they had done if ther had been the Leist Ground for it The saids Lords of his Majesties privy Councill Having Considered this representation given in to them By the said Lady Graden and her daughter They heirby given order and warrand to the magistrats of Edinburgh and Keeper of the tolbooth to sett the said Leivtennant Chisholme at Liberty furth therof He first Giving bond and finding sufficient Cautione acted in the books of privie Councill That he shall make Compt reckoning and payment to the said Lady Graden of so much as shall be found due by the said Leivtennant Chisholme to her of the charge given in at her instance against him before the Court martiall of England as the money receaved by him of the regiments pay then under the said Leivtennant Colonell Hume his Command.

Att Edinburgh the Tuentie Second day of Aprile Jaj vic nyntie seven years

A1697/4/381

Act

Act Leivtennant Chisholm upon the Lady Gradens Bill

Anent the petitione given in to the Lords of his Majesties privy Councill By the Lady Graden and her daughter Sheuing That their Lordships having Committed Leivtennant Chisholme Late pay master to the Lord Lorns regiment to prisone till he should find Caution to Goe to London And ansuer the Claime pursued before the Court Martiall ther at the said Lady Gradens instance for money due to the deceast Leivtennant Colonell Hume her son And being Informed that the said Leivtennant Chisholme hes made application to their Lordships Craving to be sett at Libertie And that the said Lady Graden be ordained to bear his expences in going to London and during his stay ther And therfore it Is humbly Represented that this bussiness hes been stated before the Court martiall who having heard and Considered the Claime given in by the Lady Graden Found the charge to amount to Four hundred thretty six pound Eight shilling and seven pennies which the said Leivtennant must take auay by a discharg or Instruct every article therof And seing the Court martiall will rise in a few dayes before he Can reach London And that the petitioners desyre nothing but securitie for their Claime They doe Consent that the said Leivtennant be sett at Libertie provyding he find sufficient Caution here to pay what shall be found due of the said charge to them which It is hoped their Lordships will find Just and reasonable Wheras the said Leivtennant pretends that Leivtennant Colonell Hume uas ouing money to the regiment and officers It is altogether denyed nor was it ever heard of till now though it be near tuo years since the Leivtennant Collonell dyed And the most part of the officers of the Lord Lorns regiment have been here since But never pretended one farthing to be ouing to them which certainly they had done if ther had been the Leist Ground for it The saids Lords of his Majesties privy Councill Having Considered this representation given in to them By the said Lady Graden and her daughter They heirby given order and warrand to the magistrats of Edinburgh and Keeper of the tolbooth to sett the said Leivtennant Chisholme at Liberty furth therof He first Giving bond and finding sufficient Cautione acted in the books of privie Councill That he shall make Compt reckoning and payment to the said Lady Graden of so much as shall be found due by the said Leivtennant Chisholme to her of the charge given in at her instance against him before the Court martiall of England as the money receaved by him of the regiments pay then under the said Leivtennant Colonell Hume his Command.

1. NRS, PC1/51, 189-90.

1. NRS, PC1/51, 189-90.

Act, 22 April 1697, Edinburgh

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Att Edinburgh the Tuentie Second day of Aprile Jaj vic nyntie seven years

A1697/4/371

Act

Act Steuart of Bellechen and his brother

Anent the petitione given in to the Lords of his Majesties privy Councill By Patrick Steuart of Ballechen and Alexander Steuart his Brother Sheuing That the petitioners have been prisoners uithin the tolbooth of Edinburgh for a very Long tyme wherby their health is greatly Impaired and Indangered And therfore Humblie Craving to the effect underwryten as the said petitione bears The saids Lords of his Majesties privy Councill Having Considered this petition given in to them by the said Patrick Steuart of Ballechen and Alexander Steuart his brother They heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth To permitt the petitioners to come out of their tolbooth in the day tyme They returning to the same and abyding therin every night To the effect they may have the free air And that under the Custody of one of the Keepers of the said tolbooth The saids Magistrats and Keeper being aluayes ansuerable for their safe Custody.

Att Edinburgh the Tuentie Second day of Aprile Jaj vic nyntie seven years

A1697/4/371

Act

Act Steuart of Bellechen and his brother

Anent the petitione given in to the Lords of his Majesties privy Councill By Patrick Steuart of Ballechen and Alexander Steuart his Brother Sheuing That the petitioners have been prisoners uithin the tolbooth of Edinburgh for a very Long tyme wherby their health is greatly Impaired and Indangered And therfore Humblie Craving to the effect underwryten as the said petitione bears The saids Lords of his Majesties privy Councill Having Considered this petition given in to them by the said Patrick Steuart of Ballechen and Alexander Steuart his brother They heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth To permitt the petitioners to come out of their tolbooth in the day tyme They returning to the same and abyding therin every night To the effect they may have the free air And that under the Custody of one of the Keepers of the said tolbooth The saids Magistrats and Keeper being aluayes ansuerable for their safe Custody.

1. NRS, PC1/51, 188-9.

1. NRS, PC1/51, 188-9.

Commission by the Council, 22 April 1697, Edinburgh

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Att Edinburgh the Tuentie Second day of Aprile Jaj vic nyntie seven years

A1697/4/361

Commission by the Council

Commission for Judging Farqwhar and McCaskie

The Lords of his Majesties privy Councill Being Informed that Isobell Farqwhar is Lately seized and Committed prisoner to the tolbooth of Forres as guiltie of the murder of her oune Chyld gott in adultery with Donald McCaskie And that the said Donald is Lykewise Imprisoned in the said tolbooth as guiltie of the said murder by his Councill and Contryvance att Leist as being airt and part therof And Considering that they are Indigent persones And that it will be a Great deall of charges and expensses to bring them to this place In order to a tryall before the Lords Commissioners of Justiciary besyds that severall Inconveniencies may arrise through their transportation And their Lordships Lykewise Considering that this horrid Cryme Cannot be tried and Judged by any persones in the Countrey uithout a warrand and Commissione from them for that effect And the saids Lords being desyrous to have the said matter brought to a tryall that the persons guiltie may receave Condign punishment and others may be deterred from Committing so horrid a Cryme in tyme coming They doe heirby Give full pouer warrand and Commission to Sir Robert Gordon of Gordonstoun Alexander Cumming of Altar George Brodie of Askleisk Robert Dumbar of Graingehill Alexander Broady of Dumbearn Robert Dumbar of Dumphall and Alexander Dumbar of Westfield shirreff principall of Elgine and Forres or depute or any four of them whom The saids Lords doe heirby declare to be a sufficient Quorum The said shirreff or his depute being aluayes one of the said four To take tryall off and to Judge and doe Justice upon the said Isobell Farquhar and Donald Mccaskie for the said horrid Cryme of Murder And In order therto to meet and Conveen at the burgh of Forres the sixth day of May next to Come And ther to accept of this present Commission And upon their acceptance to administrat the oath of fidelity to the persone whom the Lord Justice Clerk and James Montgomery of Langshaw Clerk to the Justice Court Shall deput and Substitut to be Clerk to this present Commission with pouer to the saids Commissioners or their said quorum to Choise their oune Clerk for whom they shall be Ansuerable In caise that the said Lord Justice Clerk and James Montgomerie shall refuse to Nominat a Clerk in this Matter They being first required so to doe With pouer Lykewise to the saids Commissioners heirby Commissionat or their said Quorum 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 Indytment at the instance of William Danders wryer in the said burgh of Elgine procurator fiscall for his Majesties Intrest in the said matter against the saids Isobell Farqwhar and Donald Mccaskie accused for the said Crime of murder For Summonding and Citing them upon fifteen dayes By Delyvering to each of them a full Coppie of the Lybell and Indictment with the names and designations of the Assysers and uitnesses subjoyned And for Citing the assysers and witnesses in the ordinary manner and under the usuall paines and Certifications To Compear before the saids Commissioners heirby Commissionat of their said quourum att […] with pouer also to them to amerciat and fyne the absent Assysers and uitnesses And the amerciaments and fynes to uplift for their oun use and behove And to adjurne themselves from tyme to tyme till the relevancy be discust To the effect that the pannells being fully heard the saids Commissioners or their said Quorum may Judge and determine the said relevancy of the Lybell and to Call ane Inquest of Fourtie five persons who are to be Cited on the assyse of the saids pannells And a List of their names and designations given in to the saids persons accused uith their Lybells as said is And after the discussing of the relevancy of the said lybell In presence of the saids persons of Inquest by pronouncing ane Interloquitor theron out of that number to Choise ane assyse of Fifteen And to administrat to them the ordinary oath in the usuall tearms And uith pouer also the saids Commissioners or their said quorum to examine the witnesses to be Cited in presence of the saids pannells and suorne Inquest upon the points that shall be admitted to probatione And Immediately therafter uithout any adjurnment to remitt the said Lybell and Interloquitor to be Given by them anent the relevancy therof and the depositiones of the uitnesses to be taken In manner forsaid To the Knouledge of the said Inquest and assyze who uithout delay or going out of the Court are to be Inclosed by themselves And are heirby appointed to remaine so Inclosed And none suffered to be uith them or to have access to them or any of themselves suffered to Goe out untill they be aggreed and Conclude their ansuer And to Elect a Chancelor or president uith a Clerk of their oune Number 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 saids pannells and assyse They are to find the Lybell proven against the saids pannells or not according to Law as they will be ansuerable to God and a Good Conscience And that they draw up their verdict accordingly Bearing what way every Assyser doeth vote And delyver the samen being first subscryved by the Chancelor and Clerk and sealled by the hand of their Chancelor or president to the saids Commissioners or their said Quorum whom They heirby authroize and Commissionat to Advyse the haill proces and verdict of the Inquest And to Give and pronunce sentence Condemnator or absolvitor in the said matter according to Instance And In caise the saids persons shall find the saids pannells guiltie of the Cryme Laid to their charge With pouer to the saids Commissioners or their said Quorum To decerne and adjudge them to be hanged or otheruayes to be execute to the death within such space and after such a manner as they shall think fitt And Generallie with pouer to the saids Commissioners or their said quorum To Act doe and performe 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 the saids Lords appoyntes the saids Commissioners or their said Quorum uithin the space of six weeks after pronuncing and Executing of their said 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 the said preces 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 required to record them as he uill be ansuerable Given at Edinburgh the tuenty tuo day of Aprile Jaj vic nyntie seven years sic subscribitur Poluarth Cancelar Southerland Forfar Teviott Beilhaven Ruthven James Steuart John Maxwell Archbald Mure.

Att Edinburgh the Tuentie Second day of Aprile Jaj vic nyntie seven years

A1697/4/361

Commission by the Council

Commission for Judging Farqwhar and McCaskie

The Lords of his Majesties privy Councill Being Informed that Isobell Farqwhar is Lately seized and Committed prisoner to the tolbooth of Forres as guiltie of the murder of her oune Chyld gott in adultery with Donald McCaskie And that the said Donald is Lykewise Imprisoned in the said tolbooth as guiltie of the said murder by his Councill and Contryvance att Leist as being airt and part therof And Considering that they are Indigent persones And that it will be a Great deall of charges and expensses to bring them to this place In order to a tryall before the Lords Commissioners of Justiciary besyds that severall Inconveniencies may arrise through their transportation And their Lordships Lykewise Considering that this horrid Cryme Cannot be tried and Judged by any persones in the Countrey uithout a warrand and Commissione from them for that effect And the saids Lords being desyrous to have the said matter brought to a tryall that the persons guiltie may receave Condign punishment and others may be deterred from Committing so horrid a Cryme in tyme coming They doe heirby Give full pouer warrand and Commission to Sir Robert Gordon of Gordonstoun Alexander Cumming of Altar George Brodie of Askleisk Robert Dumbar of Graingehill Alexander Broady of Dumbearn Robert Dumbar of Dumphall and Alexander Dumbar of Westfield shirreff principall of Elgine and Forres or depute or any four of them whom The saids Lords doe heirby declare to be a sufficient Quorum The said shirreff or his depute being aluayes one of the said four To take tryall off and to Judge and doe Justice upon the said Isobell Farquhar and Donald Mccaskie for the said horrid Cryme of Murder And In order therto to meet and Conveen at the burgh of Forres the sixth day of May next to Come And ther to accept of this present Commission And upon their acceptance to administrat the oath of fidelity to the persone whom the Lord Justice Clerk and James Montgomery of Langshaw Clerk to the Justice Court Shall deput and Substitut to be Clerk to this present Commission with pouer to the saids Commissioners or their said quorum to Choise their oune Clerk for whom they shall be Ansuerable In caise that the said Lord Justice Clerk and James Montgomerie shall refuse to Nominat a Clerk in this Matter They being first required so to doe With pouer Lykewise to the saids Commissioners heirby Commissionat or their said Quorum 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 Indytment at the instance of William Danders wryer in the said burgh of Elgine procurator fiscall for his Majesties Intrest in the said matter against the saids Isobell Farqwhar and Donald Mccaskie accused for the said Crime of murder For Summonding and Citing them upon fifteen dayes By Delyvering to each of them a full Coppie of the Lybell and Indictment with the names and designations of the Assysers and uitnesses subjoyned And for Citing the assysers and witnesses in the ordinary manner and under the usuall paines and Certifications To Compear before the saids Commissioners heirby Commissionat of their said quourum att […] with pouer also to them to amerciat and fyne the absent Assysers and uitnesses And the amerciaments and fynes to uplift for their oun use and behove And to adjurne themselves from tyme to tyme till the relevancy be discust To the effect that the pannells being fully heard the saids Commissioners or their said Quorum may Judge and determine the said relevancy of the Lybell and to Call ane Inquest of Fourtie five persons who are to be Cited on the assyse of the saids pannells And a List of their names and designations given in to the saids persons accused uith their Lybells as said is And after the discussing of the relevancy of the said lybell In presence of the saids persons of Inquest by pronouncing ane Interloquitor theron out of that number to Choise ane assyse of Fifteen And to administrat to them the ordinary oath in the usuall tearms And uith pouer also the saids Commissioners or their said quorum to examine the witnesses to be Cited in presence of the saids pannells and suorne Inquest upon the points that shall be admitted to probatione And Immediately therafter uithout any adjurnment to remitt the said Lybell and Interloquitor to be Given by them anent the relevancy therof and the depositiones of the uitnesses to be taken In manner forsaid To the Knouledge of the said Inquest and assyze who uithout delay or going out of the Court are to be Inclosed by themselves And are heirby appointed to remaine so Inclosed And none suffered to be uith them or to have access to them or any of themselves suffered to Goe out untill they be aggreed and Conclude their ansuer And to Elect a Chancelor or president uith a Clerk of their oune Number 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 saids pannells and assyse They are to find the Lybell proven against the saids pannells or not according to Law as they will be ansuerable to God and a Good Conscience And that they draw up their verdict accordingly Bearing what way every Assyser doeth vote And delyver the samen being first subscryved by the Chancelor and Clerk and sealled by the hand of their Chancelor or president to the saids Commissioners or their said Quorum whom They heirby authroize and Commissionat to Advyse the haill proces and verdict of the Inquest And to Give and pronunce sentence Condemnator or absolvitor in the said matter according to Instance And In caise the saids persons shall find the saids pannells guiltie of the Cryme Laid to their charge With pouer to the saids Commissioners or their said Quorum To decerne and adjudge them to be hanged or otheruayes to be execute to the death within such space and after such a manner as they shall think fitt And Generallie with pouer to the saids Commissioners or their said quorum To Act doe and performe 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 the saids Lords appoyntes the saids Commissioners or their said Quorum uithin the space of six weeks after pronuncing and Executing of their said 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 the said preces 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 required to record them as he uill be ansuerable Given at Edinburgh the tuenty tuo day of Aprile Jaj vic nyntie seven years sic subscribitur Poluarth Cancelar Southerland Forfar Teviott Beilhaven Ruthven James Steuart John Maxwell Archbald Mure.

1. NRS, PC1/51, 186-8.

1. NRS, PC1/51, 186-8.

Sederunt, 22 April 1697, Edinburgh

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Att Edinburgh the Tuentie Second day of Aprile Jaj vic nyntie seven years1

A1697/4/352

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Annandale; Earl of Forfar; Lord John Hamilton; Viscount Teviot; Lord Beilhaven; Lord Ruthven; Lord Advocat; Lord Halcraig; Laird of Pollock; Provost of Edinburgh

Att Edinburgh the Tuentie Second day of Aprile Jaj vic nyntie seven years1

A1697/4/352

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Annandale; Earl of Forfar; Lord John Hamilton; Viscount Teviot; Lord Beilhaven; Lord Ruthven; Lord Advocat; Lord Halcraig; Laird of Pollock; Provost of Edinburgh

1. NRS, PC1/51, 185.

2. NRS, PC1/51, 185.

1. NRS, PC1/51, 185.

2. NRS, PC1/51, 185.

Act, 20 April 1697, Edinburgh

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Att Edinburgh the tuenty day of Aprile Jaj vic nyntie seven years

A1697/4/341

Act

Act Mr Alexander Craig

Anent the petition given in to the Lords of his Majesties privy Councill By Mr Alexander Craig minister of the gospell att the paroch of Unst in Zetland Sheuing That wher the petitioner Having been Minister at the said paroch for the space of tuenty years bygone And during all that tyme hath behaved himself soberly as became a Minister of the Gospell And since the happy revolution hath Carryed himself uith all duety and regaird to the government under his present Majestie King William And for testimony therof to his poeple He did Cheerfullie obey all such orders for keeping of publick fasts for the prosperity of his Majesties army And for praying for his sacred persone so soon as they Came to his hand in these remote Islands And uas aluayes willing and ready to Give all testimony of his fidelity and Loyaltie that the Law should require of him But ther being severall acts of parliament Requiring all Ministers to take the oath of alleadgance and signe the Assurance betuixt and Certain dayes therinmentioned As to which The petitioner Humbly represents to their Lordships that these Islands being the remotest part of his Majesties dominions and separat from any part ane Hundred Miles by sea Have now in the tyme of uarrs never been so Infested uith privateers and others of the Enemies shipps that therby the small Intercourse they formerly had hes been almost Intirely Interrupted wherby the petitioner and the rest of his Brethreen ther were depryved of having the Knouledge and benefite of the saids Laues In such due tyme as they Could give obedience therto And the petitioner doeth Ingenuously declare that the first nottice he gott of the forsaids Laues was upon the seventh or tenth of september Jaj vic nyntie five when Baillie Bran then steuart of orkney was sett ashoar in the said Island wher the petitioner Lives from a french man of warr who had taken him prisoner And the same morning the petitioner had the misfortune to have his house and goods pilladged and plundered and all the valuable goods furniture and cloathes he had taken from him by the french as is uell Knouen to the said Baillie Brand and nottour to the whole Countrey men wher he Lives By the reasone of which and the uant of any occasione upon the account of the uarr to transport the petitioner from the said Island to Dundie or orkney with whom alone the petitioners used to have Intercourse by Shipping He Could not mean himself sooner to their Lordships But now being Informed that their Lordships have been graciously pleased to repone some Ministers in the Isle of Sky and others at that remote distance He therfore presumes Humbly to Lay his caise before their Lordships And therfore Humbly Craving to the effect underwryten as the said petition Bears The saids Lords of his Majesties privy Councill Having this day heard this petitione given in to them by the said Mr Alexander Craig read in their presence They alloued the petitioner to suear and signe the oath of alleadgance and signe the Assurance appointed to his Majestie and that in presence of Sir James Steuart his Majesties Advocat which before extracting heirof the petitioner hes doune And upon his suearing and signing as said The saids Lords of his Majesties privy Councill have reponed and heirby repones the petitioner against the Certifications Contained in the acts of parliament In respect the petitioner before taking the saids oaths Hath Inacted himself in the books of privie Councill That he shall submitt himself In all things pertaining to his doctrine Life and office To the Jurisdiction and Censures of the presbyterian church of this Kingdome as now setled by Law.

Att Edinburgh the tuenty day of Aprile Jaj vic nyntie seven years

A1697/4/341

Act

Act Mr Alexander Craig

Anent the petition given in to the Lords of his Majesties privy Councill By Mr Alexander Craig minister of the gospell att the paroch of Unst in Zetland Sheuing That wher the petitioner Having been Minister at the said paroch for the space of tuenty years bygone And during all that tyme hath behaved himself soberly as became a Minister of the Gospell And since the happy revolution hath Carryed himself uith all duety and regaird to the government under his present Majestie King William And for testimony therof to his poeple He did Cheerfullie obey all such orders for keeping of publick fasts for the prosperity of his Majesties army And for praying for his sacred persone so soon as they Came to his hand in these remote Islands And uas aluayes willing and ready to Give all testimony of his fidelity and Loyaltie that the Law should require of him But ther being severall acts of parliament Requiring all Ministers to take the oath of alleadgance and signe the Assurance betuixt and Certain dayes therinmentioned As to which The petitioner Humbly represents to their Lordships that these Islands being the remotest part of his Majesties dominions and separat from any part ane Hundred Miles by sea Have now in the tyme of uarrs never been so Infested uith privateers and others of the Enemies shipps that therby the small Intercourse they formerly had hes been almost Intirely Interrupted wherby the petitioner and the rest of his Brethreen ther were depryved of having the Knouledge and benefite of the saids Laues In such due tyme as they Could give obedience therto And the petitioner doeth Ingenuously declare that the first nottice he gott of the forsaids Laues was upon the seventh or tenth of september Jaj vic nyntie five when Baillie Bran then steuart of orkney was sett ashoar in the said Island wher the petitioner Lives from a french man of warr who had taken him prisoner And the same morning the petitioner had the misfortune to have his house and goods pilladged and plundered and all the valuable goods furniture and cloathes he had taken from him by the french as is uell Knouen to the said Baillie Brand and nottour to the whole Countrey men wher he Lives By the reasone of which and the uant of any occasione upon the account of the uarr to transport the petitioner from the said Island to Dundie or orkney with whom alone the petitioners used to have Intercourse by Shipping He Could not mean himself sooner to their Lordships But now being Informed that their Lordships have been graciously pleased to repone some Ministers in the Isle of Sky and others at that remote distance He therfore presumes Humbly to Lay his caise before their Lordships And therfore Humbly Craving to the effect underwryten as the said petition Bears The saids Lords of his Majesties privy Councill Having this day heard this petitione given in to them by the said Mr Alexander Craig read in their presence They alloued the petitioner to suear and signe the oath of alleadgance and signe the Assurance appointed to his Majestie and that in presence of Sir James Steuart his Majesties Advocat which before extracting heirof the petitioner hes doune And upon his suearing and signing as said The saids Lords of his Majesties privy Councill have reponed and heirby repones the petitioner against the Certifications Contained in the acts of parliament In respect the petitioner before taking the saids oaths Hath Inacted himself in the books of privie Councill That he shall submitt himself In all things pertaining to his doctrine Life and office To the Jurisdiction and Censures of the presbyterian church of this Kingdome as now setled by Law.

1. NRS, PC1/51, 184-5.

1. NRS, PC1/51, 184-5.

Procedure: remit, 20 April 1697, Edinburgh

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Att Edinburgh the tuenty day of Aprile Jaj vic nyntie seven years

A1697/4/331

Procedure: remit

Remitt Anent the Quakers

Anent the Representation Given in to the Lords of his Majesties privy Councill By the people Called Quakers In and about Edinburgh Sheuing That wheras It is manifestly Knouen The petitioners are ane Innocent and peacable people yet in their Solemn Assemblies for the worship of God they are sorely disturbed both by men and boyes And though frequent application hath been made both to the City Magistrats and others yet noe releiff hath been given But on the Contrary the disturbers have been rather Incouradged And speciallie uithin these few dayes when the Magistrats were applied to to suppress and punish Such disturbances which deserve none better name than tumultuous ryotts one of them to witt […] Halyburton baillie Instead therof added to the petitioners burden by turning them out of their Meeting and taking from them the keyes of their oune house upon promise nixt day to returne them which he did not so that he theirby Condemned and Judged the Innocent and suffered the guilty to goe free The petitioners have also addressed themselves to the provost and Counsell of the City But they refused them and uould not returne them the possession of their oune house which is their Just right and priviledge In so much that they have been necessitat for the Keeping up their testimony for God against all injust persecutione to meet togither in the open streets before their oun door and be further exposed to the fury of ane Incouradged rable And Therfore Humbly Craving their Lordships to take these things into their Consideration and find out some methods that the petitioners (who Live as quiet and peacable subjects under a King who Loves not that any should be opprest for Conscience sake) may Enjoy a free Libertie of the exercise of their Consciences And that these who disturb them may be discountenanced reproved and punished which they request may be speedily and effectuallie done Least necessity force them to apply to the King for protection as the said representation Bears The Saids Lords of his Majesties privie Councill having Considered the representation given in to them by the saids Quakers They heirby Remitt to the provost Baillies and Tom Counsell of Edinburgh to Consider the said representation and to doe therin as they shall find Just and right.

Att Edinburgh the tuenty day of Aprile Jaj vic nyntie seven years

A1697/4/331

Procedure: remit

Remitt Anent the Quakers

Anent the Representation Given in to the Lords of his Majesties privy Councill By the people Called Quakers In and about Edinburgh Sheuing That wheras It is manifestly Knouen The petitioners are ane Innocent and peacable people yet in their Solemn Assemblies for the worship of God they are sorely disturbed both by men and boyes And though frequent application hath been made both to the City Magistrats and others yet noe releiff hath been given But on the Contrary the disturbers have been rather Incouradged And speciallie uithin these few dayes when the Magistrats were applied to to suppress and punish Such disturbances which deserve none better name than tumultuous ryotts one of them to witt […] Halyburton baillie Instead therof added to the petitioners burden by turning them out of their Meeting and taking from them the keyes of their oune house upon promise nixt day to returne them which he did not so that he theirby Condemned and Judged the Innocent and suffered the guilty to goe free The petitioners have also addressed themselves to the provost and Counsell of the City But they refused them and uould not returne them the possession of their oune house which is their Just right and priviledge In so much that they have been necessitat for the Keeping up their testimony for God against all injust persecutione to meet togither in the open streets before their oun door and be further exposed to the fury of ane Incouradged rable And Therfore Humbly Craving their Lordships to take these things into their Consideration and find out some methods that the petitioners (who Live as quiet and peacable subjects under a King who Loves not that any should be opprest for Conscience sake) may Enjoy a free Libertie of the exercise of their Consciences And that these who disturb them may be discountenanced reproved and punished which they request may be speedily and effectuallie done Least necessity force them to apply to the King for protection as the said representation Bears The Saids Lords of his Majesties privie Councill having Considered the representation given in to them by the saids Quakers They heirby Remitt to the provost Baillies and Tom Counsell of Edinburgh to Consider the said representation and to doe therin as they shall find Just and right.

1. NRS, PC1/51, 183-4.

1. NRS, PC1/51, 183-4.

Warrant, 20 April 1697, Edinburgh

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Att Edinburgh the tuenty day of Aprile Jaj vic nyntie seven years

A1697/4/321

Warrant

Warrand for persons Come from France to renue their Bales

It Being moved at the Councill board that Charles Farquharson brother to Innerray and severall other persons who have been in France since the Act of parliament discharging Correspondence uith France are Charged by order of Councill to attend their Lordships And that some of them are willing to renue their baile The Lords of his Majesties privie Councill Doe heirby allou the said Charles Farquharson and all the other persons who have been in France since the said act of parliament And who by the Act of the Nynteenth of Jannuary Jaj vic nyntie seven are appointed to be Cited before the Councill That the Councill may Consider what they will doe uith them To renue their bailes under the former penalties And alloues their Clerks of Councill to receave new bonds for their peacable behaviour and appearance when called for And upon recept of the new bonds alloues the old bonds to be Given up.

Att Edinburgh the tuenty day of Aprile Jaj vic nyntie seven years

A1697/4/321

Warrant

Warrand for persons Come from France to renue their Bales

It Being moved at the Councill board that Charles Farquharson brother to Innerray and severall other persons who have been in France since the Act of parliament discharging Correspondence uith France are Charged by order of Councill to attend their Lordships And that some of them are willing to renue their baile The Lords of his Majesties privie Councill Doe heirby allou the said Charles Farquharson and all the other persons who have been in France since the said act of parliament And who by the Act of the Nynteenth of Jannuary Jaj vic nyntie seven are appointed to be Cited before the Councill That the Councill may Consider what they will doe uith them To renue their bailes under the former penalties And alloues their Clerks of Councill to receave new bonds for their peacable behaviour and appearance when called for And upon recept of the new bonds alloues the old bonds to be Given up.

1. NRS, PC1/51, 183.

1. NRS, PC1/51, 183.