Tag Archives: December

Procedure: committee formed, 10 December 1700, Edinburgh

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A1700/12/31

Procedure: committee formed

Committee To visit the prisoners in Edinburgh Tolbooth

His Majesties high Commissioner and the Lords of his majesties privy Councill, Doe heirby nominat and appoint The Lords Aberurchill, Halcraig and Phesdoe, To be a Committee to visit the prisoners lying in the Tolbooth of Edinburgh and to take tryall of the Crymes for which they are Imprisoned and of their Conditiones In order to their Subsistance or Liberation, and appoints them to make Report to the Councill of their Crymes Caices and Conditiones with their Conveniency.

Att Edinburgh The Tenth day of December Jaj viic years

A1700/12/31

Procedure: committee formed

Committee To visit the prisoners in Edinburgh Tolbooth

His Majesties high Commissioner and the Lords of his majesties privy Councill, Doe heirby nominat and appoint The Lords Aberurchill, Halcraig and Phesdoe, To be a Committee to visit the prisoners lying in the Tolbooth of Edinburgh and to take tryall of the Crymes for which they are Imprisoned and of their Conditiones In order to their Subsistance or Liberation, and appoints them to make Report to the Councill of their Crymes Caices and Conditiones with their Conveniency.

1. NRS, PC1/52, 161.

1. NRS, PC1/52, 161.

Act, 10 December 1700, Edinburgh

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Act

Act Liberating Captain Kenneth Urqwhart

Forasmuchas His majesties high Commissioner and the Lords of his Majesties privy Councill did upon the 19th of November last bypast2 Recommend to his Majesties Advocat, and gave order to his Majesties Solicitor, To Consider the depositiones and others taken before the Committy of privy Councill against Captain Urquhart who was in the late Rable att Edinburgh upon which the Proclamation Emitted against the said Captain Urquhart proceeded, and to give in their Report in write what was to be done with him in the Caice he then Stood Which Committy having accordingly this day mett they gave in their Report, wherof the tenor follows. Viz: Report his Majesties Advocat and Solicitor as to Captain Urquharts accession to the Rable the Twenty of June last. The Lords of his majesties privy Councill, having ordered his Majesties Advocat and Solicitor To 3 Enquire and Represent what accession the said Captain Urqwhart hade to the Rable the said Twenty of June last, They declare That all they can Find is, That he was with the Goodman of the tolbooth in the house of one Forrest against the Tolbooth, till Eleven ackloak at night That then he went out with the Goodman and came back again, and That he was no more seen in the Stable untill he came in to the Tolbooth after the gate was burnt, and opened with his Sword in the Scalbert over or under his left arm, att which tyme he Called for one Scott, a prisoner But that he did not go near the Check lock nor did they see him use any violence, And That about Fyve ackloak that morning, he came back to the Tolbooth and drank a Cup of ale with the Goodman; And this appears to be the Substance of the precognition taken in this affair as the Lords of Councill may perceive by the Declarationes themselves. Sic Subscribitur James Steuart, Patrick Home His Majesties high Commissioner and Lords of his Majesties privy Councill having Considered the above Report, They heirby give order and warrand to the Magistrats of Edinburgh and Keeper of their Tolbooth, To Sett the within Captain Urqwhart at Liberty Furth thereof, For which this shall be to all Concerned a Sufficient warrand.

Att Edinburgh The Tenth day of December Jaj viic years

A1700/12/21

Act

Act Liberating Captain Kenneth Urqwhart

Forasmuchas His majesties high Commissioner and the Lords of his Majesties privy Councill did upon the 19th of November last bypast2 Recommend to his Majesties Advocat, and gave order to his Majesties Solicitor, To Consider the depositiones and others taken before the Committy of privy Councill against Captain Urquhart who was in the late Rable att Edinburgh upon which the Proclamation Emitted against the said Captain Urquhart proceeded, and to give in their Report in write what was to be done with him in the Caice he then Stood Which Committy having accordingly this day mett they gave in their Report, wherof the tenor follows. Viz: Report his Majesties Advocat and Solicitor as to Captain Urquharts accession to the Rable the Twenty of June last. The Lords of his majesties privy Councill, having ordered his Majesties Advocat and Solicitor To 3 Enquire and Represent what accession the said Captain Urqwhart hade to the Rable the said Twenty of June last, They declare That all they can Find is, That he was with the Goodman of the tolbooth in the house of one Forrest against the Tolbooth, till Eleven ackloak at night That then he went out with the Goodman and came back again, and That he was no more seen in the Stable untill he came in to the Tolbooth after the gate was burnt, and opened with his Sword in the Scalbert over or under his left arm, att which tyme he Called for one Scott, a prisoner But that he did not go near the Check lock nor did they see him use any violence, And That about Fyve ackloak that morning, he came back to the Tolbooth and drank a Cup of ale with the Goodman; And this appears to be the Substance of the precognition taken in this affair as the Lords of Councill may perceive by the Declarationes themselves. Sic Subscribitur James Steuart, Patrick Home His Majesties high Commissioner and Lords of his Majesties privy Councill having Considered the above Report, They heirby give order and warrand to the Magistrats of Edinburgh and Keeper of their Tolbooth, To Sett the within Captain Urqwhart at Liberty Furth thereof, For which this shall be to all Concerned a Sufficient warrand.

1. NRS, PC1/52, 160-1.

2. The phrase ‘upon the 19th of November last bypast’ is an insertion.

3. One illegible word scored out here.

1. NRS, PC1/52, 160-1.

2. The phrase ‘upon the 19th of November last bypast’ is an insertion.

3. One illegible word scored out here.

Sederunt, 10 December 1700, Edinburgh

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A1700/12/12

Sederunt

His Majesties high Commissioner; Lord Chancellor; Earl of Argyle; Earl of Crafurd; Earl of Mar; Earl of Mortoune; Earl of Galloway; Earl of Lauderdale; Earl of Loudoun; Earl of Finlator; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Forfar; Earl of Kintore; Viscount Seafield S.; Viscount Tarbat; Lord Montgomry; Lord Jedburgh; Lord Ross; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Phesdoe; Mr Fr: Montgomry; Laird of Grant; Laird of Stevensone

Att Edinburgh The Tenth day of December Jaj viic years1

A1700/12/12

Sederunt

His Majesties high Commissioner; Lord Chancellor; Earl of Argyle; Earl of Crafurd; Earl of Mar; Earl of Mortoune; Earl of Galloway; Earl of Lauderdale; Earl of Loudoun; Earl of Finlator; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Forfar; Earl of Kintore; Viscount Seafield S.; Viscount Tarbat; Lord Montgomry; Lord Jedburgh; Lord Ross; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Phesdoe; Mr Fr: Montgomry; Laird of Grant; Laird of Stevensone

1. NRS, PC1/52, 160.

2. NRS, PC1/52, 160.

1. NRS, PC1/52, 160.

2. NRS, PC1/52, 160.

Acts, 28 December 1699, Edinburgh

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A1699/12/231

Acts

Act Anent John Givan Smith in Glasgow

Sir James Stewart his Majesties Advocat Haveing Represented To the Lords of his Majesties privy Councill, That George Givan Smith in Glasgow haveing been Seased in the year Jaj vic Eighty Eight years, for breaking of Shops and Stealing, He was brought to a Tryall before the Bailie of the Regality of Glasgow and the cryme being proven and Found by ane verdict of ane assize, The Saids Lords of his Majesties privy Councill Interposed and ordained him to be Banished never to Return under the pain of death, which was done, But That now he is Returned and taken again and Therfore Craved That the Saids Lords of privy Councill would give warrant to the Baillie of the said Regality To pronunce the said sentence against him, But Superceeding Execution till the saids Lords Should be acquainted. which desyre the saids Lords have given and granted, and heirby gives and grants.

Att Edinburgh The Twenty Eight day of December Jaj vic nynty nyne

A1699/12/231

Acts

Act Anent John Givan Smith in Glasgow

Sir James Stewart his Majesties Advocat Haveing Represented To the Lords of his Majesties privy Councill, That George Givan Smith in Glasgow haveing been Seased in the year Jaj vic Eighty Eight years, for breaking of Shops and Stealing, He was brought to a Tryall before the Bailie of the Regality of Glasgow and the cryme being proven and Found by ane verdict of ane assize, The Saids Lords of his Majesties privy Councill Interposed and ordained him to be Banished never to Return under the pain of death, which was done, But That now he is Returned and taken again and Therfore Craved That the Saids Lords of privy Councill would give warrant to the Baillie of the said Regality To pronunce the said sentence against him, But Superceeding Execution till the saids Lords Should be acquainted. which desyre the saids Lords have given and granted, and heirby gives and grants.

1. NRS, PC1/52, 51.

1. NRS, PC1/52, 51.

Acts, 28 December 1699, Edinburgh

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A1699/12/221

Acts

Act Anent Exchange of money

The Lords of his majesties privy Councill Doe heirby nominate and Appoint The Earles of Lauderdale and Leven, Lord Viscount of Tarbat, The Lords Advocate, Thesaurer Deput, and Halcraig with Mr Fra: Montgomry, To be a Committee To Consider how the Exchange Rules within this Kingdom, and what price the samen is now att, And whither the same be too high or not, And to Fall upon a way how the same may be Constitute att a moderate Reasonable Rate But discharges the said Committee To medle with the rates of money as the Samen now passes Either as to raising or Lowing therof, And declares any Four of the said Committee to be a Sufficient quorum And Recommends to them To meet to morrow at Ten in the forenoon and to make Report to the Councill with their Conveniency.

Att Edinburgh The Twenty Eight day of December Jaj vic nynty nyne

A1699/12/221

Acts

Act Anent Exchange of money

The Lords of his majesties privy Councill Doe heirby nominate and Appoint The Earles of Lauderdale and Leven, Lord Viscount of Tarbat, The Lords Advocate, Thesaurer Deput, and Halcraig with Mr Fra: Montgomry, To be a Committee To Consider how the Exchange Rules within this Kingdom, and what price the samen is now att, And whither the same be too high or not, And to Fall upon a way how the same may be Constitute att a moderate Reasonable Rate But discharges the said Committee To medle with the rates of money as the Samen now passes Either as to raising or Lowing therof, And declares any Four of the said Committee to be a Sufficient quorum And Recommends to them To meet to morrow at Ten in the forenoon and to make Report to the Councill with their Conveniency.

1. NRS, PC1/52, 51.

1. NRS, PC1/52, 51.

Procedure, 28 December 1699, Edinburgh

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A1699/12/211

Procedure

Committee For considering a Letter to the Lord Chancellor from the Commissioners of the north District

A Letter from the Commissioners of Justiciary for the north district To the Lord high Chancellor, Declaring that if that Commission be Suffered to Expire, It will be to the great prejudice of the Countrey, with a Petition presented to the saids Commissioners be the Heretors, In the shire of Ross Being both Read, The Councill nominates and appointes, The Earles of Mar, Lauderdale and Loudoun, The Lord Viscount of Tarbat, Lord Ruthven, The Lords Justice-Clerk and Aberuchill and The Lord Advocate, To be a Committee to Consider the said Letter and petition, and likeways to Consider whither the Commission of Justiciary For the Highlands is now about the Expireing should be Renewed or not, And to whom and in what termes, And declares any Three of the above Committee to be a sufficient quorum, And Recomends To the Committee To meet to morrow, at Ten in the forenoon. And To make their Report to the Councill with their Conveniency.

Att Edinburgh The Twenty Eight day of December Jaj vic nynty nyne

A1699/12/211

Procedure

Committee For considering a Letter to the Lord Chancellor from the Commissioners of the north District

A Letter from the Commissioners of Justiciary for the north district To the Lord high Chancellor, Declaring that if that Commission be Suffered to Expire, It will be to the great prejudice of the Countrey, with a Petition presented to the saids Commissioners be the Heretors, In the shire of Ross Being both Read, The Councill nominates and appointes, The Earles of Mar, Lauderdale and Loudoun, The Lord Viscount of Tarbat, Lord Ruthven, The Lords Justice-Clerk and Aberuchill and The Lord Advocate, To be a Committee to Consider the said Letter and petition, and likeways to Consider whither the Commission of Justiciary For the Highlands is now about the Expireing should be Renewed or not, And to whom and in what termes, And declares any Three of the above Committee to be a sufficient quorum, And Recomends To the Committee To meet to morrow, at Ten in the forenoon. And To make their Report to the Councill with their Conveniency.

1. NRS, PC1/52, 50-1.

1. NRS, PC1/52, 50-1.

Sederunt, 28 December 1699, Edinburgh

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A1699/12/202

Sederunt

Lord Chancellor; Earl of Mar; Earl of Lauderdale; Earl of Lothian; Earl of Loudoun; Earl of Leven; Viscount Tarbat; Lord Polwarth; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Lord Halcraig; Lord Crosrigg; Mr Fra: Montgomry; Laird of Stevensone

Att Edinburgh The Twenty Eight day of December Jaj vic nynty nyne1

A1699/12/202

Sederunt

Lord Chancellor; Earl of Mar; Earl of Lauderdale; Earl of Lothian; Earl of Loudoun; Earl of Leven; Viscount Tarbat; Lord Polwarth; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Lord Halcraig; Lord Crosrigg; Mr Fra: Montgomry; Laird of Stevensone

1. NRS, PC1/52, 50.

2. NRS, PC1/52, 50.

1. NRS, PC1/52, 50.

2. NRS, PC1/52, 50.

Act, 21 December 1699, Edinburgh

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A1699/12/191

Act

Act Discharging a peck to the Boll of victuall in the Shire of Stirling

Anent The Representation given in to the Lords of his Majesties privy Councill By the Justices of Peace within the district of Falkirk in the Sherifdome of Stirling. Humbly Representing. That by the Threty Eight Act. Parliament first, Session first, Chapter Second, The Justices of peace are appointed to Inform their Lordships of any wrong concerning the measures For buying and selling of victuall, and by the seventeenth Act, Parliament Twenty Third, James Sixth, all Eiks or additiones to the Boll in Bargaines for victuall are Prohibite, under the pain of Fourty Shillings for Every Boll, to be paid by the Receaver besides the price of the Boll, Therfore They humbly Conceave it their Duty To acquaint their Lordships That notwithstanding of the said seventeenth Act, Parliament Twenty Third, James Sixth, There is no Bear, oats, or Pease Sold in the mercats of Falkirk But with ane peck to the Bole And likeways the measures used in the Saids mercats are lately Brought to great disorder, and Inequality. And Therfore Humbly Craving to the Effect underwrittin as the said Representation bears The Saids Lords of his Majesties privy Councill Having Considered the Representation given in to them by the within Justices of Peace within the district of Falkirk in the Sheriffdome of Stirling, They heirby discharge all Selling of any victuall or delivering and Receaveing the same with a peck to the Boll or any other Eike or addition Except betwixt Heretor and Tennent, And The Saids Lords ordaines, The sheriff of the said Shire and his Deputs, and Justices of peace and Magistrats of Burgh, within that Shire or any of them, To Try the measures and Reduce them to the ordinary quality in which they were before the late abuse or in which they ought to be Conform to the acts of Parliament, And Appointes the Sheriff of the Shire or his Deputs, Magistrats of Burghs, Justices of peace, and all other Judges within the said Shire to see, and Take speciall care that the saids acts of Parliament be duely observed And putt to vigorous Execution in all tyme coming.

Att Edinburgh The Twenty First of December Jaj vic nynty nyne years

A1699/12/191

Act

Act Discharging a peck to the Boll of victuall in the Shire of Stirling

Anent The Representation given in to the Lords of his Majesties privy Councill By the Justices of Peace within the district of Falkirk in the Sherifdome of Stirling. Humbly Representing. That by the Threty Eight Act. Parliament first, Session first, Chapter Second, The Justices of peace are appointed to Inform their Lordships of any wrong concerning the measures For buying and selling of victuall, and by the seventeenth Act, Parliament Twenty Third, James Sixth, all Eiks or additiones to the Boll in Bargaines for victuall are Prohibite, under the pain of Fourty Shillings for Every Boll, to be paid by the Receaver besides the price of the Boll, Therfore They humbly Conceave it their Duty To acquaint their Lordships That notwithstanding of the said seventeenth Act, Parliament Twenty Third, James Sixth, There is no Bear, oats, or Pease Sold in the mercats of Falkirk But with ane peck to the Bole And likeways the measures used in the Saids mercats are lately Brought to great disorder, and Inequality. And Therfore Humbly Craving to the Effect underwrittin as the said Representation bears The Saids Lords of his Majesties privy Councill Having Considered the Representation given in to them by the within Justices of Peace within the district of Falkirk in the Sheriffdome of Stirling, They heirby discharge all Selling of any victuall or delivering and Receaveing the same with a peck to the Boll or any other Eike or addition Except betwixt Heretor and Tennent, And The Saids Lords ordaines, The sheriff of the said Shire and his Deputs, and Justices of peace and Magistrats of Burgh, within that Shire or any of them, To Try the measures and Reduce them to the ordinary quality in which they were before the late abuse or in which they ought to be Conform to the acts of Parliament, And Appointes the Sheriff of the Shire or his Deputs, Magistrats of Burghs, Justices of peace, and all other Judges within the said Shire to see, and Take speciall care that the saids acts of Parliament be duely observed And putt to vigorous Execution in all tyme coming.

1. NRS, PC1/52, 49-50.

1. NRS, PC1/52, 49-50.

Act, 21 December 1699, Edinburgh

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A1699/12/181

Act

Act Banishing John Weir

Anent The Petition given in to the Lords of his Majesties privy Councill By John Weir poor prisoner in the Tolbooth of Edinburgh Shewing That where Their Lordships Petitioner having misfortunatly and unadvertantly gone along with Thomas Holloway in that malicious design in Counterfeiting his majesties Coyne, who was Executed for the same upon the Twenty Fourth of July last bypast, Their Lordships upon ane Petition Reprived their Petitioner till the Eight day of September last, And upon ane Second petition presented to their Lordships with ane Declaration be the said Thomas Holloway Two houres before his death subscribed by him and Two Witnesses wherin he declares that their petitioner was induced and Intised to go alongs with him in the said Cryme, and if their petitioner never acted nor was capable To act which he declared as a dying man, Which petition with the forsaid Declaration being considered be ther Lordships, Their Lordships by Interloquitor the 27th of July last Commuted and changed the Sentence of death pronunced against him, And discharged the same to be put to Execution and ordained their petitioner to continue heir in prison wher he now lyes untill further orders from ther Lordships how he should be disposed of as ane Coppie of ane act produced with his said petition will Testify And Seing That ther Lordships petitioner hes now been prisoner in the said tolbooth almost a year in a most miserable and Starving Condition and become therby invaletudinary and very Sick, and hath not nor cannot comand a Sixpence To maintain himself and it is their Lordships Laudable laws To Releive prisoners in his sad circumstances upon banishment never to be seen within this Kingdom again under pain of death and to allow him a Competent tyme for Equipping himself wife and family and ordering his other affairs That so their petitioner may not Starve in prison, which he undoubtedly will without their Lordships provide a Remedy And Therfore Humbly Craving To the Effect underwrittin as the said petition bears. The Saids Lords of his Maejsties privy Councill Having considered this petition given in to them be the above John Weir, They doe heirby of Consent of the said petitioner John Weir contained in the said bill Subscribed by himself, Have Banished and heirby Banishes The said John Weir Furth of his Majesties Dominiones, And discharges him To Return therto, under the pain of Death without his Majesties or the Councills warrant for that Effect And heirby gives order and warrand To the Magistrats of Edinburgh and Keeper of Their Tolbooth, To sett the Petitioner att Liberty Furth therof In Respect he hes Enacted himself in the books of privy Councill, That he shall depairt furth of his Majesties Dominiones betwixt and the Tenth day of January next to Come And never Return to the Same without his Majestys or the Councills warrant obtained for that Effect, under The pain of death.

Att Edinburgh The Twenty First of December Jaj vic nynty nyne years

A1699/12/181

Act

Act Banishing John Weir

Anent The Petition given in to the Lords of his Majesties privy Councill By John Weir poor prisoner in the Tolbooth of Edinburgh Shewing That where Their Lordships Petitioner having misfortunatly and unadvertantly gone along with Thomas Holloway in that malicious design in Counterfeiting his majesties Coyne, who was Executed for the same upon the Twenty Fourth of July last bypast, Their Lordships upon ane Petition Reprived their Petitioner till the Eight day of September last, And upon ane Second petition presented to their Lordships with ane Declaration be the said Thomas Holloway Two houres before his death subscribed by him and Two Witnesses wherin he declares that their petitioner was induced and Intised to go alongs with him in the said Cryme, and if their petitioner never acted nor was capable To act which he declared as a dying man, Which petition with the forsaid Declaration being considered be ther Lordships, Their Lordships by Interloquitor the 27th of July last Commuted and changed the Sentence of death pronunced against him, And discharged the same to be put to Execution and ordained their petitioner to continue heir in prison wher he now lyes untill further orders from ther Lordships how he should be disposed of as ane Coppie of ane act produced with his said petition will Testify And Seing That ther Lordships petitioner hes now been prisoner in the said tolbooth almost a year in a most miserable and Starving Condition and become therby invaletudinary and very Sick, and hath not nor cannot comand a Sixpence To maintain himself and it is their Lordships Laudable laws To Releive prisoners in his sad circumstances upon banishment never to be seen within this Kingdom again under pain of death and to allow him a Competent tyme for Equipping himself wife and family and ordering his other affairs That so their petitioner may not Starve in prison, which he undoubtedly will without their Lordships provide a Remedy And Therfore Humbly Craving To the Effect underwrittin as the said petition bears. The Saids Lords of his Maejsties privy Councill Having considered this petition given in to them be the above John Weir, They doe heirby of Consent of the said petitioner John Weir contained in the said bill Subscribed by himself, Have Banished and heirby Banishes The said John Weir Furth of his Majesties Dominiones, And discharges him To Return therto, under the pain of Death without his Majesties or the Councills warrant for that Effect And heirby gives order and warrand To the Magistrats of Edinburgh and Keeper of Their Tolbooth, To sett the Petitioner att Liberty Furth therof In Respect he hes Enacted himself in the books of privy Councill, That he shall depairt furth of his Majesties Dominiones betwixt and the Tenth day of January next to Come And never Return to the Same without his Majestys or the Councills warrant obtained for that Effect, under The pain of death.

1. NRS, PC1/52, 49.

1. NRS, PC1/52, 49.

Sederunt, 21 December 1699, Edinburgh

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A1699/12/172

Sederunt

Lord Chancellor; Earl of Mar; Earl of Lauderdale; Earl of Lothian; Earl of Loudoun; Earl of Annandale; Viscount Tarbat; Lord Ruthven; Lord Advocate; Lord Thesaurer Deput; Lord Justice-Clerk; Lord Aberuchill; Lord Halcraig; Lord Rankillor; Lord Phesdoe; Mr Fr: Montgomry

Att Edinburgh The Twenty First of December Jaj vic nynty nyne years1

A1699/12/172

Sederunt

Lord Chancellor; Earl of Mar; Earl of Lauderdale; Earl of Lothian; Earl of Loudoun; Earl of Annandale; Viscount Tarbat; Lord Ruthven; Lord Advocate; Lord Thesaurer Deput; Lord Justice-Clerk; Lord Aberuchill; Lord Halcraig; Lord Rankillor; Lord Phesdoe; Mr Fr: Montgomry

1. NRS, PC1/52, 48.

2. NRS, PC1/52, 48.

1. NRS, PC1/52, 48.

2. NRS, PC1/52, 48.