Tag Archives: December

Act, 9 December 1701, Edinburgh

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Att Edinburgh The Nynth day of December Jaj viic and one years

A1701/12/71

Act

Act Dischargeing the putting of any sentence against Alaster More to Executione till the whole steps of the proces be Reported to the Councell

Anent a Petition given in to the Lords of his Majesties privy Councill by Allaster More Mcdonald now prisoner in the Tolbooth of Aberdeen Shewing That the petitioner did not only appear before the Lords of Justiciary at Edinburgh But likewayes has applied to them in the express termes of the Sixth act of the Eight and Ninth Sessiones of this Current parliament and made intimation of their Lordships interloquitor theron to his Majesties advocat upon the twenty fourth day of September Last But the saids Lords Notwithstanding therof haveing by their warrand upon the fourth of November Ordered his transportation from the Tolbooth of Edinburgh to the Tolbooth of Aberdeen in order to a legall tryall before the Commissioners of Justiciary of the Northern district for certaine crymes alledged Committed by the petitioner and accordingly being pannalled before the saids Commissioners and put to the knowledge of ane inqueist Ther is a verdict returned against him finding the Lybell proven; And in which tryall the petitioner humbly conceived he did meett with very hard and unusuall Measure as will appear by the particulars following, which his greatest enemies who were upon the place neither can nor will deny Viz /1o/ Albeit by the uncontraverted practice of this and all other nationes all pannells and Criminalls whatsoever after their receiveing indytment are allowed the benefit of free prison; yet the petitioner being fast in the Stocks and Manacles upon his hands when he received his indytment upon the twelth of November Last He was still continued under the saids Irons and fetters in the said Stocks and Manacles therafter; untill he was brought into the pannal to underly the Law; and even ther the Manacles were Still upon his hands; which the saids Lords knew to be contrair to the practise of this or any other Nations in case of pannals /2o/ The petitioner haveing Sent to Imploy Some procurators in Aberdeen for pleading his defence in Law; He found they were all ingadged and taken up by this pursuers except one young man who hade never appeared in a Criminall tryall before that time /3o/ The petitioners said procurators haveing objected that some of the Commissioners hade Imployed And Consulted Lawiers and given them money to prosecute the petitioners blood and so could not Sitt as the petitioners Judges; The Said declinator was rejected with great heat and indignation, And Notwithstanding that some of the Commissioners then present desired the declinator to be marked and recorded, yet the same was refused and the petitioner only allowed to take instruments in the hands of the Clerk as ane extrinsick Nottar And wherupon Severalls of the Commissioners removed out of Court. 4o/ Albeit ther was a Multitude of witnesses against the petitioner yet all of them deponed that they never Saw the petitioner before he was lately imprisoned, Except one Boy and a Girle; Neither of which could be received as habite witnesses against the petitioner; Because the Crime Lybelled being ane open robery and depredation and not crimen domesticum et privilegiatum, No women would be received as habite witnesses for proveing the Same, 2o/ The Said Girle neither did nor could give any other Causa Scientia But that She Saw one present of the petitioners bulk And thought that the petitioners bigg Stature that2 the petitioner was the Man, and could not be possitive that it was the petitioner; only apprehended the petitioner was the man by his bulk, 3o/ The boy deponed and acknowledged that the time of the Commission of the said alledged crymes he was then only goeing in Thretein years of age; And so by the opinion of all Lawiers would not be admitted as a witnes for proveing a Capitall cryme Neither was he possitive that he did See the petitioner then present but that he thought the petitioner was Like the Man whom he Saw ther, and yet upon these two depositiones ther is a verdict returned finding the petitioner guilty of the haill Lybell; And to convince the Saids Lords of the great malice designed against the petitioner before he came out of the pannal ther was a new indytment put in into the petitioners plaid Chargeing the petitioner to underly the Law upon the Sixteinth instant as Airt and part of all the crymes Committed by the late Viscount of Dundie and his adherents in the late rebellion in anno 1689 and therafter which might convince the saids Lords with what eagernes the petitioners blood is sought And Therfore Humbly beseeching the Saids Lords to Commiserat his sad and distressed condition; and to ordaine the petitioner to be releived from the present Stress the petitioner was under by Stocks and Manacles; and to delyver the petitioner from those who have appeared so eager in pursuit of his life And to pronunce what Sentance the saids Lords Should think Just against him to which he should Cheirfully Submitt or at least discharge any Sentance to be put in executione against the petitioner untill the proces and probatione be transmitted to and considered by the saids Lords as the petition bears The Lords of his Majesties privy Councill haveing Considered the above petition given in to them be Allaster More Mcdonald with ane instrument mentioned therin and given in therwith They doe hereby Discharge any Sentence pronunced or to be pronunced by the saids Commissioners of Justiciary against the said Allaster More alias Mcdonald Upon the lybell raised at the instance of Mr Alexander Lessby procurator Fiscall to the Court of Justiciary appointed for the Northern district and verdict of the assysers passed theron to be put to execution against the petitioner or upon any other Lybell to be raised against him untill first the whole process witnesses depositiones and verdict of the assysers and other proceedings therin be transmitted from and by the saids Commissioners to the saids Lords of privy Councill, and therafter the Councills furder orders to be given theranent.

Att Edinburgh The Nynth day of December Jaj viic and one years

A1701/12/71

Act

Act Dischargeing the putting of any sentence against Alaster More to Executione till the whole steps of the proces be Reported to the Councell

Anent a Petition given in to the Lords of his Majesties privy Councill by Allaster More Mcdonald now prisoner in the Tolbooth of Aberdeen Shewing That the petitioner did not only appear before the Lords of Justiciary at Edinburgh But likewayes has applied to them in the express termes of the Sixth act of the Eight and Ninth Sessiones of this Current parliament and made intimation of their Lordships interloquitor theron to his Majesties advocat upon the twenty fourth day of September Last But the saids Lords Notwithstanding therof haveing by their warrand upon the fourth of November Ordered his transportation from the Tolbooth of Edinburgh to the Tolbooth of Aberdeen in order to a legall tryall before the Commissioners of Justiciary of the Northern district for certaine crymes alledged Committed by the petitioner and accordingly being pannalled before the saids Commissioners and put to the knowledge of ane inqueist Ther is a verdict returned against him finding the Lybell proven; And in which tryall the petitioner humbly conceived he did meett with very hard and unusuall Measure as will appear by the particulars following, which his greatest enemies who were upon the place neither can nor will deny Viz /1o/ Albeit by the uncontraverted practice of this and all other nationes all pannells and Criminalls whatsoever after their receiveing indytment are allowed the benefit of free prison; yet the petitioner being fast in the Stocks and Manacles upon his hands when he received his indytment upon the twelth of November Last He was still continued under the saids Irons and fetters in the said Stocks and Manacles therafter; untill he was brought into the pannal to underly the Law; and even ther the Manacles were Still upon his hands; which the saids Lords knew to be contrair to the practise of this or any other Nations in case of pannals /2o/ The petitioner haveing Sent to Imploy Some procurators in Aberdeen for pleading his defence in Law; He found they were all ingadged and taken up by this pursuers except one young man who hade never appeared in a Criminall tryall before that time /3o/ The petitioners said procurators haveing objected that some of the Commissioners hade Imployed And Consulted Lawiers and given them money to prosecute the petitioners blood and so could not Sitt as the petitioners Judges; The Said declinator was rejected with great heat and indignation, And Notwithstanding that some of the Commissioners then present desired the declinator to be marked and recorded, yet the same was refused and the petitioner only allowed to take instruments in the hands of the Clerk as ane extrinsick Nottar And wherupon Severalls of the Commissioners removed out of Court. 4o/ Albeit ther was a Multitude of witnesses against the petitioner yet all of them deponed that they never Saw the petitioner before he was lately imprisoned, Except one Boy and a Girle; Neither of which could be received as habite witnesses against the petitioner; Because the Crime Lybelled being ane open robery and depredation and not crimen domesticum et privilegiatum, No women would be received as habite witnesses for proveing the Same, 2o/ The Said Girle neither did nor could give any other Causa Scientia But that She Saw one present of the petitioners bulk And thought that the petitioners bigg Stature that2 the petitioner was the Man, and could not be possitive that it was the petitioner; only apprehended the petitioner was the man by his bulk, 3o/ The boy deponed and acknowledged that the time of the Commission of the said alledged crymes he was then only goeing in Thretein years of age; And so by the opinion of all Lawiers would not be admitted as a witnes for proveing a Capitall cryme Neither was he possitive that he did See the petitioner then present but that he thought the petitioner was Like the Man whom he Saw ther, and yet upon these two depositiones ther is a verdict returned finding the petitioner guilty of the haill Lybell; And to convince the Saids Lords of the great malice designed against the petitioner before he came out of the pannal ther was a new indytment put in into the petitioners plaid Chargeing the petitioner to underly the Law upon the Sixteinth instant as Airt and part of all the crymes Committed by the late Viscount of Dundie and his adherents in the late rebellion in anno 1689 and therafter which might convince the saids Lords with what eagernes the petitioners blood is sought And Therfore Humbly beseeching the Saids Lords to Commiserat his sad and distressed condition; and to ordaine the petitioner to be releived from the present Stress the petitioner was under by Stocks and Manacles; and to delyver the petitioner from those who have appeared so eager in pursuit of his life And to pronunce what Sentance the saids Lords Should think Just against him to which he should Cheirfully Submitt or at least discharge any Sentance to be put in executione against the petitioner untill the proces and probatione be transmitted to and considered by the saids Lords as the petition bears The Lords of his Majesties privy Councill haveing Considered the above petition given in to them be Allaster More Mcdonald with ane instrument mentioned therin and given in therwith They doe hereby Discharge any Sentence pronunced or to be pronunced by the saids Commissioners of Justiciary against the said Allaster More alias Mcdonald Upon the lybell raised at the instance of Mr Alexander Lessby procurator Fiscall to the Court of Justiciary appointed for the Northern district and verdict of the assysers passed theron to be put to execution against the petitioner or upon any other Lybell to be raised against him untill first the whole process witnesses depositiones and verdict of the assysers and other proceedings therin be transmitted from and by the saids Commissioners to the saids Lords of privy Councill, and therafter the Councills furder orders to be given theranent.

1. NRS, PC1/52, 323-6.

2. The word ‘He’ scored out here.

1. NRS, PC1/52, 323-6.

2. The word ‘He’ scored out here.

Sederunt, 9 December 1701, Edinburgh

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Att Edinburgh The Nynth day of December Jaj viic and one years1

A1701/12/62

Sederunt

Earl of Melvill P:C:; Marquis of Annandale; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord President of Session; Lord Thesaurer deput; Lord Aberurchill; Lord Halcraig; Lord Crossrig; Mr Fra: Montgomry

Att Edinburgh The Nynth day of December Jaj viic and one years1

A1701/12/62

Sederunt

Earl of Melvill P:C:; Marquis of Annandale; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord President of Session; Lord Thesaurer deput; Lord Aberurchill; Lord Halcraig; Lord Crossrig; Mr Fra: Montgomry

1. NRS, PC1/52, 323.

2. NRS, PC1/52, 323.

1. NRS, PC1/52, 323.

2. NRS, PC1/52, 323.

Warrant, 8 December 1701, Edinburgh

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Att Edinburgh the Eight day of December Jaj viic and one years. Called extraordinar

A1701/12/51

Warrant

Warrant for Interring the Corps of Lady Jean Keith in the Abbay Church

The Lords of his Majesties privy Councill Doe hereby Recommend to her Grace Anna Dutches of Hamilton and in her absence gives order and warrand to John Hamilton her Graces Baillie depute in the Abbay of Hollyruidhouse To Suffer and permitt the body of Lady Jean Keith Lady Munimusk to be interred within the Abbay Church of Hollyrudhouse Notwithstanding the Same be declared his Majesties Chappell For which this shall be to all concerned a sufficient warrant.

Att Edinburgh the Eight day of December Jaj viic and one years. Called extraordinar

A1701/12/51

Warrant

Warrant for Interring the Corps of Lady Jean Keith in the Abbay Church

The Lords of his Majesties privy Councill Doe hereby Recommend to her Grace Anna Dutches of Hamilton and in her absence gives order and warrand to John Hamilton her Graces Baillie depute in the Abbay of Hollyruidhouse To Suffer and permitt the body of Lady Jean Keith Lady Munimusk to be interred within the Abbay Church of Hollyrudhouse Notwithstanding the Same be declared his Majesties Chappell For which this shall be to all concerned a sufficient warrant.

1. NRS, PC1/52, 323.

1. NRS, PC1/52, 323.

Sederunt, 8 December 1701, Edinburgh

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Att Edinburgh the Eight day of December Jaj viic and one years. Called extraordinar1

A1701/12/42

Sederunt

Lord Chancelor; Marquis of Annandale; Earl of Forfar; Lord Polwarth; Lord Thesaurer deput; Lord Justice Clerk; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh the Eight day of December Jaj viic and one years. Called extraordinar1

A1701/12/42

Sederunt

Lord Chancelor; Marquis of Annandale; Earl of Forfar; Lord Polwarth; Lord Thesaurer deput; Lord Justice Clerk; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. NRS, PC1/52, 323.

2. NRS, PC1/52, 323.

1. NRS, PC1/52, 323.

2. NRS, PC1/52, 323.

Warrant, 2 December 1701, Edinburgh

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Att Edinburgh The Second day of December Jaj viic and one years

A1701/12/31

Warrant

Warrant Suspending John Moncreiff from his office

The Lords of his Majesties privy Councill haveing Considered the Report made to them by the Marques of Annandale anent John Moncreiff nottor in Pearth his giveing in the defence that ther was no Statutory Law against drinking King James the Eight his health; The saids Lords Doe hereby Suspend the said John Moncreiff from his office of a proces before the Shirriff Court of Pearth, And ordaines him to goe back to Pearth, and ther after the Court is fenced in presence of the Shirriff depute of Pearth with open doors on ane Court day To sitt down upon his knees and acknowledge his fault and begg pardon to the Shirriff depute and other members of Court for his cryme and offence for giving in the forsaid defence.

Att Edinburgh The Second day of December Jaj viic and one years

A1701/12/31

Warrant

Warrant Suspending John Moncreiff from his office

The Lords of his Majesties privy Councill haveing Considered the Report made to them by the Marques of Annandale anent John Moncreiff nottor in Pearth his giveing in the defence that ther was no Statutory Law against drinking King James the Eight his health; The saids Lords Doe hereby Suspend the said John Moncreiff from his office of a proces before the Shirriff Court of Pearth, And ordaines him to goe back to Pearth, and ther after the Court is fenced in presence of the Shirriff depute of Pearth with open doors on ane Court day To sitt down upon his knees and acknowledge his fault and begg pardon to the Shirriff depute and other members of Court for his cryme and offence for giving in the forsaid defence.

1. NRS, PC1/52, 323.

1. NRS, PC1/52, 323.

Warrant, 2 December 1701, Edinburgh

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Att Edinburgh The Second day of December Jaj viic and one years

A1701/12/21

Warrant

Warrant dismissing John Richardson shirriff Clerk depute of Pearth

John Richardson Shireff Clerk depute of Pearth being Called to the Councill barr; and he haveing acknowledged his fault in takeing in the defence That ther was no Statutory Law against drinking King James the Eight his health and inserting it in a decreet Subscribed by him; And the Lord high Chancelor haveing intimat to him; That he ought to have been more Cautious and to have acquainted the Shiriff depute before he hade insert such a defence; Therafter the Lords of privy Councill dissmist the said John Richardson.

Att Edinburgh The Second day of December Jaj viic and one years

A1701/12/21

Warrant

Warrant dismissing John Richardson shirriff Clerk depute of Pearth

John Richardson Shireff Clerk depute of Pearth being Called to the Councill barr; and he haveing acknowledged his fault in takeing in the defence That ther was no Statutory Law against drinking King James the Eight his health and inserting it in a decreet Subscribed by him; And the Lord high Chancelor haveing intimat to him; That he ought to have been more Cautious and to have acquainted the Shiriff depute before he hade insert such a defence; Therafter the Lords of privy Councill dissmist the said John Richardson.

1. NRS, PC1/52, 322.

1. NRS, PC1/52, 322.

Sederunt, 2 December 1701, Edinburgh

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Att Edinburgh The Second day of December Jaj viic and one years1

A1701/12/12

Sederunt

Lord Chancelor; Marquis of Annandale; Earl of Crafurd; Earl of Lauderdale; Earl of Northesk; Earl of Forfar; Viscount Rossbery; Lord President of Session; Lord Thesaurer deput; Lord Justice Clerk; Lord Philiphaugh; Lord Rankeillor; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh The Second day of December Jaj viic and one years1

A1701/12/12

Sederunt

Lord Chancelor; Marquis of Annandale; Earl of Crafurd; Earl of Lauderdale; Earl of Northesk; Earl of Forfar; Viscount Rossbery; Lord President of Session; Lord Thesaurer deput; Lord Justice Clerk; Lord Philiphaugh; Lord Rankeillor; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. NRS, PC1/52, 322.

2. NRS, PC1/52, 322.

1. NRS, PC1/52, 322.

2. NRS, PC1/52, 322.

Act, 20 December 1700, Edinburgh

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Att the Abbay of Halyroodhouse The Twenty of December Jaj viic years

A1700/12/61

Act

Allowance and Consent of Councill, In favours of Captain John Campbell

Upon a Representatione a Representation2 made by the Lord High Chancellor of Scotland, To his majesties high Commissioner and the Lords of his majesties privy Councill, That Application hade been made to the Commissioners of Admirality for this Kingdom, by Captain John Campbell, Commander of the Ship called the Speedwell, Burthen Two Hundered and Fifty Tuns or therby, mounted with Twenty four Guns, and navigated by Fifty men, Requesting That a Commission of warr might be granted to him with power to apprehend, Seaze and Secure the persones of any pirrats freebooters, and Sea-Robbers whither his Majesties Subjects or of other nations, associated with them, as the said Captain Campbell should meitt with, in any of the ports or places, or upon any of the Coasts or Seas of India, or in any other Seas whatsomever, with their Ships and vessells, merchant ware and goods or money aboard the Same and to Compell them by Force to yeild if they Refuse to Submitt without Fighting and That by the Commission from his Majesty for Exerceing the said office of Admirality, It was provided That the Allowance and Consent of the Lords of his Majesties privy Councill, Should be hade and obtained at granting any such Commissiones to Ships of war or Privateers. His Majesties high Commissioner and the Lords of his majesties privy Councill, having Considered the forsaid Representation with the Commission of Admirality abovementioned and the powers to be Contained in the said Commission of warr They heirby Consent to, and allow the granting of the said Commission of warr, To the said Captain John Campbell For the Ends and uses abovementioned.

Att the Abbay of Halyroodhouse The Twenty of December Jaj viic years

A1700/12/61

Act

Allowance and Consent of Councill, In favours of Captain John Campbell

Upon a Representatione a Representation2 made by the Lord High Chancellor of Scotland, To his majesties high Commissioner and the Lords of his majesties privy Councill, That Application hade been made to the Commissioners of Admirality for this Kingdom, by Captain John Campbell, Commander of the Ship called the Speedwell, Burthen Two Hundered and Fifty Tuns or therby, mounted with Twenty four Guns, and navigated by Fifty men, Requesting That a Commission of warr might be granted to him with power to apprehend, Seaze and Secure the persones of any pirrats freebooters, and Sea-Robbers whither his Majesties Subjects or of other nations, associated with them, as the said Captain Campbell should meitt with, in any of the ports or places, or upon any of the Coasts or Seas of India, or in any other Seas whatsomever, with their Ships and vessells, merchant ware and goods or money aboard the Same and to Compell them by Force to yeild if they Refuse to Submitt without Fighting and That by the Commission from his Majesty for Exerceing the said office of Admirality, It was provided That the Allowance and Consent of the Lords of his Majesties privy Councill, Should be hade and obtained at granting any such Commissiones to Ships of war or Privateers. His Majesties high Commissioner and the Lords of his majesties privy Councill, having Considered the forsaid Representation with the Commission of Admirality abovementioned and the powers to be Contained in the said Commission of warr They heirby Consent to, and allow the granting of the said Commission of warr, To the said Captain John Campbell For the Ends and uses abovementioned.

1. NRS, PC1/52, 162.

2. Sic.

1. NRS, PC1/52, 162.

2. Sic.

Sederunt, 20 December 1700, Edinburgh

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Att the Abbay of Halyroodhouse The Twenty of December Jaj viic years1

A1700/12/52

Sederunt

Lord Chancellor; Earl of Argyle; Earl of Crafurd; Earl of Annandale; Viscount Seafield S.; Lord Carmichaell S.; Lord Boyle; Lord Advocat; Lord Thesaurer Deput
Councill Called Extraordinary.

Att the Abbay of Halyroodhouse The Twenty of December Jaj viic years1

A1700/12/52

Sederunt

Lord Chancellor; Earl of Argyle; Earl of Crafurd; Earl of Annandale; Viscount Seafield S.; Lord Carmichaell S.; Lord Boyle; Lord Advocat; Lord Thesaurer Deput
Councill Called Extraordinary.

1. NRS, PC1/52, 162.

2. NRS, PC1/52, 162.

1. NRS, PC1/52, 162.

2. NRS, PC1/52, 162.

Procedure: committee formed, 10 December 1700, Edinburgh

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Att Edinburgh The Tenth day of December Jaj viic years

A1700/12/41

Procedure: committee formed

Committee Anent John Weer

His Majesties high Commissioner and Lords of his Majesties privy Councill, Do heirby Recommend to the Lords Justice-Clerk, Aberuchill and Phesdo, To Examine and take tryall anent the Cryme and caice and Condition of John Weir prisoner in the Tolbooth of […] For false Coyne, And to Report to the Councill with their Conveniency.

Att Edinburgh The Tenth day of December Jaj viic years

A1700/12/41

Procedure: committee formed

Committee Anent John Weer

His Majesties high Commissioner and Lords of his Majesties privy Councill, Do heirby Recommend to the Lords Justice-Clerk, Aberuchill and Phesdo, To Examine and take tryall anent the Cryme and caice and Condition of John Weir prisoner in the Tolbooth of […] For false Coyne, And to Report to the Councill with their Conveniency.

1. NRS, PC1/52, 161.

1. NRS, PC1/52, 161.