Tag Archives: December

Procedure, 7 December 1699, Edinburgh

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Att Edinburgh The Seventh day of December Jaj vic nynty nyne years

A1699/12/61

Procedure

[Note of Business]

There was no publick Bussiness done this day.

Att Edinburgh The Seventh day of December Jaj vic nynty nyne years

A1699/12/61

Procedure

[Note of Business]

There was no publick Bussiness done this day.

1. NRS, PC1/52, 43.

1. NRS, PC1/52, 43.

Sederunt, 7 December 1699, Edinburgh

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Att Edinburgh The Seventh day of December Jaj vic nynty nyne years1

A1699/12/52

Sederunt

Lord Chancellor; Earl of Melvill P.C.; Earl of Crafurd; Earl of Mar; Earl of Cassills; Earl of Lothian; Earl of Loudoun; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Forbes; Lord Thesaurer Deput; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Rankillor; Lord Phesdoe; Mr Fra: Montgomry; Laird of Stevensone

Att Edinburgh The Seventh day of December Jaj vic nynty nyne years1

A1699/12/52

Sederunt

Lord Chancellor; Earl of Melvill P.C.; Earl of Crafurd; Earl of Mar; Earl of Cassills; Earl of Lothian; Earl of Loudoun; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Forbes; Lord Thesaurer Deput; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Rankillor; Lord Phesdoe; Mr Fra: Montgomry; Laird of Stevensone

1. NRS, PC1/52, 43.

2. NRS, PC1/52, 43.

1. NRS, PC1/52, 43.

2. NRS, PC1/52, 43.

Procedure, 5 December 1699, Edinburgh

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Att Edinburgh The Fifth day of December Jaj vic nynty nyne years

A1699/12/41

Procedure

Recommendation To the Lord Advocat To write to some Sheriffs anent the poor

The Lords of his Majesties privy Councill, Doe heirby Recommend To Sir James Stewart His Majesties Advocate, And Appoints Sir Patrick Home His Majesties Solicitor To write to the Sheriffs of the Three Lothians and to the Sheriff of the Shire of Fife, Requiring ane account from them of what is done, Anent provideing for the poor in the severall paroches within their respective shires, Either upon the last proclamation of Councill anent Beggars or upon former proclamationes within ane account of such particular paroches in their Shires as have done nothing for releiveing or provideing their poor.

Att Edinburgh The Fifth day of December Jaj vic nynty nyne years

A1699/12/41

Procedure

Recommendation To the Lord Advocat To write to some Sheriffs anent the poor

The Lords of his Majesties privy Councill, Doe heirby Recommend To Sir James Stewart His Majesties Advocate, And Appoints Sir Patrick Home His Majesties Solicitor To write to the Sheriffs of the Three Lothians and to the Sheriff of the Shire of Fife, Requiring ane account from them of what is done, Anent provideing for the poor in the severall paroches within their respective shires, Either upon the last proclamation of Councill anent Beggars or upon former proclamationes within ane account of such particular paroches in their Shires as have done nothing for releiveing or provideing their poor.

1. NRS, PC1/52, 43.

1. NRS, PC1/52, 43.

Procedure, 5 December 1699, Edinburgh

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Att Edinburgh The Fifth day of December Jaj vic nynty nyne years

A1699/12/31

Procedure

Recomendation To the Lord Advocate To raise a Lyble on the Subject Matter Contained in this memoriall

Anent The memoriall Given in to the Lords of his Majesties privy Councill By Livetennent Colonell John Dalziell Commanding att present the Regiment of Fuziliers Shewing That where William Campbell lately ane Ensign in my Lord Lorns Regiment haveing obtained ane order and warrand from the Right Honorable the Earle of Argylle, To call for Such parties of his majesties Forces as he should have use towards the Inbringing of his Majesties Excyse did accordingly apply to the commanding officers of these Companies of the Regiment of fuziliers quartered in and about Montrose and obtained ane pairty of Eighteen men which were marched To Aberdeen under the Comand of a Serjeant, in order to be quartered upon the deficients in that place, and being quartered in the Town by the Magistrats order, The said pairty was most rudely and Inhumanely sett upo nin their severall quarters upon the Twenty Second day of November last under cloud of night of ane Rable of betwixt Three and Four Hundered, and the men most pitifully beat their armes and other acoutrments Seased and broke So that they are rendred unfitt For service and mens cloaths greatly torn and spoiled to the great Loss and prejudice of the Regiment and dishonour of the Government and which is Humbly Represented to their Lordships not only That the Regiment may be Repaired of their Loss and damnage by the burgh of Aberdeen where the said abuse was committed but likeways that such course may be taken with the actors and Committers of the same, which tends so much to the hinderance of the Inbringing of his majesties Revenues That others may be deterred from doing the like in tyme Comeing. As the said memoriall Bears. The saids Lords of his Majesties privy Councill Having Considered the within memoriall Given in to them by the within Livetennent Collonell Dalziel They heirby Recommend to Sir James Stewart his Majesties Advocate To Raise a Lyble upon the Subject matter of the memoriall, against such persones as he shall Receave a List off from Livetennent Colonell Dalziell.

Att Edinburgh The Fifth day of December Jaj vic nynty nyne years

A1699/12/31

Procedure

Recomendation To the Lord Advocate To raise a Lyble on the Subject Matter Contained in this memoriall

Anent The memoriall Given in to the Lords of his Majesties privy Councill By Livetennent Colonell John Dalziell Commanding att present the Regiment of Fuziliers Shewing That where William Campbell lately ane Ensign in my Lord Lorns Regiment haveing obtained ane order and warrand from the Right Honorable the Earle of Argylle, To call for Such parties of his majesties Forces as he should have use towards the Inbringing of his Majesties Excyse did accordingly apply to the commanding officers of these Companies of the Regiment of fuziliers quartered in and about Montrose and obtained ane pairty of Eighteen men which were marched To Aberdeen under the Comand of a Serjeant, in order to be quartered upon the deficients in that place, and being quartered in the Town by the Magistrats order, The said pairty was most rudely and Inhumanely sett upo nin their severall quarters upon the Twenty Second day of November last under cloud of night of ane Rable of betwixt Three and Four Hundered, and the men most pitifully beat their armes and other acoutrments Seased and broke So that they are rendred unfitt For service and mens cloaths greatly torn and spoiled to the great Loss and prejudice of the Regiment and dishonour of the Government and which is Humbly Represented to their Lordships not only That the Regiment may be Repaired of their Loss and damnage by the burgh of Aberdeen where the said abuse was committed but likeways that such course may be taken with the actors and Committers of the same, which tends so much to the hinderance of the Inbringing of his majesties Revenues That others may be deterred from doing the like in tyme Comeing. As the said memoriall Bears. The saids Lords of his Majesties privy Councill Having Considered the within memoriall Given in to them by the within Livetennent Collonell Dalziel They heirby Recommend to Sir James Stewart his Majesties Advocate To Raise a Lyble upon the Subject matter of the memoriall, against such persones as he shall Receave a List off from Livetennent Colonell Dalziell.

1. NRS, PC1/52, 42-3.

1. NRS, PC1/52, 42-3.

Procedure, 5 December 1699, Edinburgh

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Att Edinburgh The Fifth day of December Jaj vic nynty nyne years

A1699/12/21

Procedure

The Viscount of Tarbat Receaved a privy Councellor

The Lord Viscount of Tarbat a privy Councellour nominate by his Majesties last Commission of privy Councill, Being present Swore and Signed the oath of alledgance to his Majesty, and also Signed the assurance and associatione to his Majesty appointed be acts of Parliament and proclamationes of privy Councill, And The Lord high Chancellor haveing administrated to him the oath de fideli, he was Receaved a privy Councelor Conform to the Commission

Att Edinburgh The Fifth day of December Jaj vic nynty nyne years

A1699/12/21

Procedure

The Viscount of Tarbat Receaved a privy Councellor

The Lord Viscount of Tarbat a privy Councellour nominate by his Majesties last Commission of privy Councill, Being present Swore and Signed the oath of alledgance to his Majesty, and also Signed the assurance and associatione to his Majesty appointed be acts of Parliament and proclamationes of privy Councill, And The Lord high Chancellor haveing administrated to him the oath de fideli, he was Receaved a privy Councelor Conform to the Commission

1. NRS, PC1/52, 42.

1. NRS, PC1/52, 42.

Sederunt, 5 December 1699, Edinburgh

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Att Edinburgh The Fifth day of December Jaj vic nynty nyne years1

A1699/12/12

Sederunt

Lord Chancellor; Earl of Melvill P.C.; Earl of Crafurd; Earl of Mar; Earl of Cassills; Earl of Loudoun; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Forbes; Lord Thesaurer Deput; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Mr Fra: Montgomry; Laird of Stevensone; Lord Provost of Edinburgh

Att Edinburgh The Fifth day of December Jaj vic nynty nyne years1

A1699/12/12

Sederunt

Lord Chancellor; Earl of Melvill P.C.; Earl of Crafurd; Earl of Mar; Earl of Cassills; Earl of Loudoun; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Forbes; Lord Thesaurer Deput; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Mr Fra: Montgomry; Laird of Stevensone; Lord Provost of Edinburgh

1. NRS, PC1/52, 42.

2. NRS, PC1/52, 42.

1. NRS, PC1/52, 42.

2. NRS, PC1/52, 42.

Commission by the Council, 29 December 1698, Edinburgh

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Att Edinburgh The Twenty nynth day of December Jaj vjc nynty Eight years

A1698/12/301

Commission by the Council

Commission For Trying and Judging Elizabeth Bruce alleadged Guilty of murdering of her own child

The Lords of his majesties privy Councill Being Informed That Elizabeth Bruce Servitrix to John Leith in Cairnbrogie now prisoner in Aberdeen Tolbooth is alleadged guilty of murdering of her own Child. And Considering it will be a great deal of charges and Expenses To Bring the said Elizabeth Bruce to this place in order to a Tryall Before the Lords Commissioners of Justiciary Besides That severall Inconveniencies may arrise by her Transportation. And their Lordships Likeways Considering, That this horrid Crime Cannot be tried and Judged by any persons in the Countrey without a warrant and Commission from them for that Effect. And The saids Lords Being desyreous To have the said matter Brought to a Tryall, That the person guilty may Receave Condign punishment and others may be deterred from committing So horrid a Crime in tyme coming. They doe Heirby give full power warrand and Commission To Andrew Fraser of Kinmundie Sheriff deput of the shire of Aberdeen, Mr James Gray of Balgonnie, George Keith of Clackrich, George Paton of Grandholm Alexander Forbes of Ludquhairn and Andrew Logie of Loan head or any four of them, The said sheriff deput being always one of them to be a quorum, And The saids Commissioners or their said quorum being qualified by taking the oath of alledgance and Assurance, before they Enter upon the Execution of their office be vertue heirof, To take tryall off and to Judge and doe Justice upon the said Elizabeth Bruce for the said Crime of murder and in order thereto, To meet and Conveen at Aberdeen The Tenth day of January Jaj vic nynty and nyne years. And There to accept of this present Commission And upon their acceptance To Administrate the oath of fidelity To the person whom the Lord Justice-Clerk and James Montgomry of Langshaw clerk to the Justice-Court shall depute and substitute to be clerk to this Commission with power to the saids Commissioners or their said quorum, To Choice their own Clerk for whom they shall be answerable In caice That the said Lord Justice-Clerk and James Montgomry shall Refuse to nominate a Clerk in this matter they being first Required so to doe, With power Likeways to the saids persons heirby Commissionate or their said quorum, To Creat make and Constitute Serjants Dempsters and other members of the said Court and to Issue out and Cause Raise precepts or Libels of Indictment at the Instance of Alexander Lesly procurator fiscall to the sheriff Court of Aberdeen, To be procurator fiscall for his majesties Interest in the said matter against the said Elizabeth Bruce accused of murdering her own Child, for summonding and Citeing her upon fifteen days by delivering to her a full Coppie of the Lyble or Indictment with the names and designations of the Assisers and witnesses Subjoined and for Citeing the assisers and witnesses in the ordinary manner, and under the usual pains and Certifications To Compear before the saids Commissioners heirby Commissionate or their said quorum at […] With power also to them to amerciat and fine the Absent Assisers and witnesses and the amerciaments and fines to uplift for their own use and behoove And to Adjourn themselves from tyme to Tyme, till the Relevancy be discust, To the Effect that the pannell being fully heard The saids Commissioners or their said quorum may Judge and determine the said Relevancy of the Lyble and to Call ane Inqueist of Fourty five persones who are to be Cited on the assize of the said pannell, and a List of their names and designations given in to the said person accused with her Lyble as said is. And After the discussing the Relevancy of the said Lyble, In presence of the saids persons of Inqueist by pronunceing ane Interloquitor thereon out of that number to choice ane Assize of fifteen And to Administrate to them, The ordinary oath in the usual termes And with power also to the saids Commissioners or their said quorum To Examine the Witnesses to be cited in presence of the said pannell and Sworn Inqueist upon the points That shall be admitted to probation And Immediatly thereafter without any adjournment To Remitt the said Lyble and Interloquitor to be given by them anent the Relevancy thereof and the depositions of the witnesses to be taken in manner forsaid To the Knowledge of the said Inqueist and assize who without delay or going out of the Court are to be Inclosed by themselves. And are heirby appointed to Remain So Inclosed And none Suffered to be with them or to have access to them or any of themselves suffered to goe out untill they be agreed and Conclude their answer. And to Elect a Chancellor or president with a Clerk of their own number, And after Reading and peruseing of the said Indytement, Interloquitor to be pronunced thereon, and depositiones of the witnesses to be taken in presence of the said pannell and Assize They are to find the Lyble proven against the said pannell or not according to Law. as they will be answerable to God and a Good Conscience, And That they draw up the verdict accordingly Bearing what way Every assiser doth vote, and sealed by the hand of their Chancellor or president, To the saids Commissioners or their said quorum, whom they heirby authorize and Commissionat To advise the hail process and verdict of the Inqueist And to give and pronunce Sentence Condemnator or Absolvitor in the said matter, according to Justice And in caice the saids persons shall find the pannells guilty of the Crime Laid to her charge with power to the saids Commissioners or their said quorum To Decerne and Adjudge her to be hanged or otherways to be Execute To the death within such space and after such a manner, as they shall think fitt And Generally with power to the said Comissioners or their said quorum To act doe and perform all and sundry things whatsomever Competent and Incumbent to be acted done and performed by any Commissioners of Justiciary hitherto nominated and appointed by the saids Lords of privy Councill And The saids Lords appoints the saids Commissioners or their said Quorum within the space of a moneth after pronunceing and Executing of their sentence in this matter, To Report to the Lords Commissioners of Justiciary or to the Clerk of the Criminall Court ane authentick Extract under their hands, of their said process sentence and the manner of Executing thereof To the Effect the same may be Recorded in the Books of Justiciary which the Clerk to the Criminall Court is heirby Required to Record therein, as he will be answerable Given att Edinburgh The Twenty nynth day of December Jaj vic nynty Eight years. Sic subscribitur Marchmont Cancellar. Marr. Lothian. Loudown. Carmichaell. James Stewart. David Home. Francis Montgomry. Ludovick Grant. G Home.

Att Edinburgh The Twenty nynth day of December Jaj vjc nynty Eight years

A1698/12/301

Commission by the Council

Commission For Trying and Judging Elizabeth Bruce alleadged Guilty of murdering of her own child

The Lords of his majesties privy Councill Being Informed That Elizabeth Bruce Servitrix to John Leith in Cairnbrogie now prisoner in Aberdeen Tolbooth is alleadged guilty of murdering of her own Child. And Considering it will be a great deal of charges and Expenses To Bring the said Elizabeth Bruce to this place in order to a Tryall Before the Lords Commissioners of Justiciary Besides That severall Inconveniencies may arrise by her Transportation. And their Lordships Likeways Considering, That this horrid Crime Cannot be tried and Judged by any persons in the Countrey without a warrant and Commission from them for that Effect. And The saids Lords Being desyreous To have the said matter Brought to a Tryall, That the person guilty may Receave Condign punishment and others may be deterred from committing So horrid a Crime in tyme coming. They doe Heirby give full power warrand and Commission To Andrew Fraser of Kinmundie Sheriff deput of the shire of Aberdeen, Mr James Gray of Balgonnie, George Keith of Clackrich, George Paton of Grandholm Alexander Forbes of Ludquhairn and Andrew Logie of Loan head or any four of them, The said sheriff deput being always one of them to be a quorum, And The saids Commissioners or their said quorum being qualified by taking the oath of alledgance and Assurance, before they Enter upon the Execution of their office be vertue heirof, To take tryall off and to Judge and doe Justice upon the said Elizabeth Bruce for the said Crime of murder and in order thereto, To meet and Conveen at Aberdeen The Tenth day of January Jaj vic nynty and nyne years. And There to accept of this present Commission And upon their acceptance To Administrate the oath of fidelity To the person whom the Lord Justice-Clerk and James Montgomry of Langshaw clerk to the Justice-Court shall depute and substitute to be clerk to this Commission with power to the saids Commissioners or their said quorum, To Choice their own Clerk for whom they shall be answerable In caice That the said Lord Justice-Clerk and James Montgomry shall Refuse to nominate a Clerk in this matter they being first Required so to doe, With power Likeways to the saids persons heirby Commissionate or their said quorum, To Creat make and Constitute Serjants Dempsters and other members of the said Court and to Issue out and Cause Raise precepts or Libels of Indictment at the Instance of Alexander Lesly procurator fiscall to the sheriff Court of Aberdeen, To be procurator fiscall for his majesties Interest in the said matter against the said Elizabeth Bruce accused of murdering her own Child, for summonding and Citeing her upon fifteen days by delivering to her a full Coppie of the Lyble or Indictment with the names and designations of the Assisers and witnesses Subjoined and for Citeing the assisers and witnesses in the ordinary manner, and under the usual pains and Certifications To Compear before the saids Commissioners heirby Commissionate or their said quorum at […] With power also to them to amerciat and fine the Absent Assisers and witnesses and the amerciaments and fines to uplift for their own use and behoove And to Adjourn themselves from tyme to Tyme, till the Relevancy be discust, To the Effect that the pannell being fully heard The saids Commissioners or their said quorum may Judge and determine the said Relevancy of the Lyble and to Call ane Inqueist of Fourty five persones who are to be Cited on the assize of the said pannell, and a List of their names and designations given in to the said person accused with her Lyble as said is. And After the discussing the Relevancy of the said Lyble, In presence of the saids persons of Inqueist by pronunceing ane Interloquitor thereon out of that number to choice ane Assize of fifteen And to Administrate to them, The ordinary oath in the usual termes And with power also to the saids Commissioners or their said quorum To Examine the Witnesses to be cited in presence of the said pannell and Sworn Inqueist upon the points That shall be admitted to probation And Immediatly thereafter without any adjournment To Remitt the said Lyble and Interloquitor to be given by them anent the Relevancy thereof and the depositions of the witnesses to be taken in manner forsaid To the Knowledge of the said Inqueist and assize who without delay or going out of the Court are to be Inclosed by themselves. And are heirby appointed to Remain So Inclosed And none Suffered to be with them or to have access to them or any of themselves suffered to goe out untill they be agreed and Conclude their answer. And to Elect a Chancellor or president with a Clerk of their own number, And after Reading and peruseing of the said Indytement, Interloquitor to be pronunced thereon, and depositiones of the witnesses to be taken in presence of the said pannell and Assize They are to find the Lyble proven against the said pannell or not according to Law. as they will be answerable to God and a Good Conscience, And That they draw up the verdict accordingly Bearing what way Every assiser doth vote, and sealed by the hand of their Chancellor or president, To the saids Commissioners or their said quorum, whom they heirby authorize and Commissionat To advise the hail process and verdict of the Inqueist And to give and pronunce Sentence Condemnator or Absolvitor in the said matter, according to Justice And in caice the saids persons shall find the pannells guilty of the Crime Laid to her charge with power to the saids Commissioners or their said quorum To Decerne and Adjudge her to be hanged or otherways to be Execute To the death within such space and after such a manner, as they shall think fitt And Generally with power to the said Comissioners or their said quorum To act doe and perform all and sundry things whatsomever Competent and Incumbent to be acted done and performed by any Commissioners of Justiciary hitherto nominated and appointed by the saids Lords of privy Councill And The saids Lords appoints the saids Commissioners or their said Quorum within the space of a moneth after pronunceing and Executing of their sentence in this matter, To Report to the Lords Commissioners of Justiciary or to the Clerk of the Criminall Court ane authentick Extract under their hands, of their said process sentence and the manner of Executing thereof To the Effect the same may be Recorded in the Books of Justiciary which the Clerk to the Criminall Court is heirby Required to Record therein, as he will be answerable Given att Edinburgh The Twenty nynth day of December Jaj vic nynty Eight years. Sic subscribitur Marchmont Cancellar. Marr. Lothian. Loudown. Carmichaell. James Stewart. David Home. Francis Montgomry. Ludovick Grant. G Home.

1. NRS, PC1/51, 513-15.

1. NRS, PC1/51, 513-15.

Sederunt, 29 December 1698, Edinburgh

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Att Edinburgh The Twenty nynth day of December Jaj vjc nynty Eight years1

A1698/12/292

Sederunt

Lord Chancellor; Duke of Queensberrie P.S.; Earl of Argyle; Earl of Crafurd; Earl of Mar; Earl of Morton; Earl of Lothian; Earl of Loudoun; Earl of Leven; Earl of Annandale; Lord Strathnaver; Lord Carmichaell; Lord Advocate; Lord Justice-Clerk; Lord Halcraig; Lord Crosrigg; Lord Rankillor; Lord Phesdo; Mr Francis Montgomry; Laird of Grant; Laird of Pollock; Lord Provost of Edinburgh

Att Edinburgh The Twenty nynth day of December Jaj vjc nynty Eight years1

A1698/12/292

Sederunt

Lord Chancellor; Duke of Queensberrie P.S.; Earl of Argyle; Earl of Crafurd; Earl of Mar; Earl of Morton; Earl of Lothian; Earl of Loudoun; Earl of Leven; Earl of Annandale; Lord Strathnaver; Lord Carmichaell; Lord Advocate; Lord Justice-Clerk; Lord Halcraig; Lord Crosrigg; Lord Rankillor; Lord Phesdo; Mr Francis Montgomry; Laird of Grant; Laird of Pollock; Lord Provost of Edinburgh

1. NRS, PC1/51, 513.

2. NRS, PC1/51, 513.

1. NRS, PC1/51, 513.

2. NRS, PC1/51, 513.

Act, 27 December 1698, Edinburgh

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Att Edinburgh The Twenty Seventh of December Jaj vjc nynty Eight years

A1698/12/281

Act

Act of Banishment Alexander Snail and Marry Bailie

Anent The Petition given in To the Lords of his majesties privy Councill, By Alexander Snail and Marry Bailie prisoners in the Tolbooth of Edinburgh and both sentenced to dy. Shewing That Where he The said Alexander Snail is Sentenced to death for using of False Keyes and stealing allenarly upon his own Confession. Viz: That on the Lords-day The tyme of sermon, He went to the house of Mrs Douglas in Edinburgh To find a servant of hers, That was of his acquaintance and was in use to give him to Eat, But finding the doors shut, did make use of a Key That he hade of his Masters a Smith to his Imployment, and therwith opened the said Door, and that being Entered, he shut the door behind him and took a Litle Butter which he put in his Napkin, But took no thing Else, only was found in the house hideing after sermon with some Cleiks and other litle Instruments upon him, ane of which Cleicks, he Confessed to have made at the desire of a freind To open the Barrs of Barn-doors, as is in use to be done in Perth shire. In all which he with deep sorrow, Confess his Guilt and Simplicity. Likeas She The said Mary Bailie is not above Eighteen years of age, and Being Bred with her parents Repute Egyptians and Condemned as such, and for stealing was only found guilty of airt and pairt in their small pickeries, For which also she does Crave God and and2 their Lordships pardon. And Seeing their caice is also favourable as they hoped the Lords of Justiciary would not Contradict. And Therfore Humbly craving to the Effect underwrittin as the said petition Bears. The saids Lords of his majesties privy Councill Having Considered this Petition given in to them by the above Alexander Snaill and Mary Bailie The heirby change the above sentence of Death pronunced against the saids Two persons To Banishment. And ordains the said Alexander Snail and Mary Bailie to be transported from this Kingdom, To his Majesties plantations in America. In Respect The saids Two persons hes Enacted themselves in the Books of privy Councill, That they shall Repair to the saids plantations in the first ships going thither, And That they shall never Return within his Majesties Dominions under the pain of having the forsaid sentence of death pronunced against them, put to Execution upon them without mercy. And Gives order and warrant to the magistrats of Edinburgh To take care that the saids Two persons be safely transmited from their prison to the first ships going to the forsaids plantations and to put them aboard the same. Sic subscribitur Marchmont Cancellar. Queensberrie, Argyll, Crafurd, Mar. Morton, Lauderdale Loudoun, Annandale, Northesk.

Att Edinburgh The Twenty Seventh of December Jaj vjc nynty Eight years

A1698/12/281

Act

Act of Banishment Alexander Snail and Marry Bailie

Anent The Petition given in To the Lords of his majesties privy Councill, By Alexander Snail and Marry Bailie prisoners in the Tolbooth of Edinburgh and both sentenced to dy. Shewing That Where he The said Alexander Snail is Sentenced to death for using of False Keyes and stealing allenarly upon his own Confession. Viz: That on the Lords-day The tyme of sermon, He went to the house of Mrs Douglas in Edinburgh To find a servant of hers, That was of his acquaintance and was in use to give him to Eat, But finding the doors shut, did make use of a Key That he hade of his Masters a Smith to his Imployment, and therwith opened the said Door, and that being Entered, he shut the door behind him and took a Litle Butter which he put in his Napkin, But took no thing Else, only was found in the house hideing after sermon with some Cleiks and other litle Instruments upon him, ane of which Cleicks, he Confessed to have made at the desire of a freind To open the Barrs of Barn-doors, as is in use to be done in Perth shire. In all which he with deep sorrow, Confess his Guilt and Simplicity. Likeas She The said Mary Bailie is not above Eighteen years of age, and Being Bred with her parents Repute Egyptians and Condemned as such, and for stealing was only found guilty of airt and pairt in their small pickeries, For which also she does Crave God and and2 their Lordships pardon. And Seeing their caice is also favourable as they hoped the Lords of Justiciary would not Contradict. And Therfore Humbly craving to the Effect underwrittin as the said petition Bears. The saids Lords of his majesties privy Councill Having Considered this Petition given in to them by the above Alexander Snaill and Mary Bailie The heirby change the above sentence of Death pronunced against the saids Two persons To Banishment. And ordains the said Alexander Snail and Mary Bailie to be transported from this Kingdom, To his Majesties plantations in America. In Respect The saids Two persons hes Enacted themselves in the Books of privy Councill, That they shall Repair to the saids plantations in the first ships going thither, And That they shall never Return within his Majesties Dominions under the pain of having the forsaid sentence of death pronunced against them, put to Execution upon them without mercy. And Gives order and warrant to the magistrats of Edinburgh To take care that the saids Two persons be safely transmited from their prison to the first ships going to the forsaids plantations and to put them aboard the same. Sic subscribitur Marchmont Cancellar. Queensberrie, Argyll, Crafurd, Mar. Morton, Lauderdale Loudoun, Annandale, Northesk.

1. NRS, PC1/51, 512.

2. Sic.

1. NRS, PC1/51, 512.

2. Sic.

Proclamation, 27 December 1698, Edinburgh

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Att Edinburgh The Twenty Seventh of December Jaj vjc nynty Eight years

A1698/12/271

Proclamation

Proclamation Discharging the Transporting of persons to the plantations of Foraigners in America

The Following proclamation after it was amended and transcribed being voted approven and signed was ordered to be published and Recorded, whereof the tenor follows:
William By the grace of God King of great Brittain France and Ireland, defender of the faith To […] macers of our privy Councill messengers at arms our sheriffs in that pairt Conjunctlie and severalie specialy constitute Greeting. Forasmuchas It is Inconsistent both with the honour and Interest of this our ancient Kingdom, That any persons should be Transported out of the same, either by natives or Forraigners, to plantations belonging to Forraigners not natives of this Kingdom without Leave and allowance first obtained from our privy Councill. Therfore wee with Advice of the Lords of our privy Councill, Doe heirby strictly prohibite and discharge all persones masters or owners of ships, and others whatsoever, Whether Natives of this Kingdom or Forraigners To presume to take up, Engadge or Carry abroad any of the Subjects of this our ancient Kingdom In order to their being Transported to the forsaid plantations after the day and date heirof without Licence first obtained from our said privy Councill, under the pains to be Reputed and punished as men-stealers. and to be prosecute accordingly Our Will is Heirfore and wee charge yow strictly and command That Incontinent these our Letters seen, ye pass to the mercat Cross of Edinburgh, and to the Remanent mercat Crosses of the hail head Burghs of the severall shires and stewartries within this Kingdom and there in our name and authority by open proclamation make publication heirof. That none may pretend Ignorance, And ordains these presents to be printed. Given under our Signet at Edinburgh The Twenty Seventh day of December and of our Reign the Tenth year 1698. Sic subscribitur.

Att Edinburgh The Twenty Seventh of December Jaj vjc nynty Eight years

A1698/12/271

Proclamation

Proclamation Discharging the Transporting of persons to the plantations of Foraigners in America

The Following proclamation after it was amended and transcribed being voted approven and signed was ordered to be published and Recorded, whereof the tenor follows:
William By the grace of God King of great Brittain France and Ireland, defender of the faith To […] macers of our privy Councill messengers at arms our sheriffs in that pairt Conjunctlie and severalie specialy constitute Greeting. Forasmuchas It is Inconsistent both with the honour and Interest of this our ancient Kingdom, That any persons should be Transported out of the same, either by natives or Forraigners, to plantations belonging to Forraigners not natives of this Kingdom without Leave and allowance first obtained from our privy Councill. Therfore wee with Advice of the Lords of our privy Councill, Doe heirby strictly prohibite and discharge all persones masters or owners of ships, and others whatsoever, Whether Natives of this Kingdom or Forraigners To presume to take up, Engadge or Carry abroad any of the Subjects of this our ancient Kingdom In order to their being Transported to the forsaid plantations after the day and date heirof without Licence first obtained from our said privy Councill, under the pains to be Reputed and punished as men-stealers. and to be prosecute accordingly Our Will is Heirfore and wee charge yow strictly and command That Incontinent these our Letters seen, ye pass to the mercat Cross of Edinburgh, and to the Remanent mercat Crosses of the hail head Burghs of the severall shires and stewartries within this Kingdom and there in our name and authority by open proclamation make publication heirof. That none may pretend Ignorance, And ordains these presents to be printed. Given under our Signet at Edinburgh The Twenty Seventh day of December and of our Reign the Tenth year 1698. Sic subscribitur.

1. NRS, PC1/51, 511-12.

1. NRS, PC1/51, 511-12.