A1692/5/180
A1692/5/1801
Act
The Lords of there Majestyes privie Councill doe hereby give order and warrand to the magistrates of Edinburgh and Keeper of there tolbooth to sett at Liberty Joseph Mcghie brother to Doctor John Mcghie furth of the said tolbooth where he is presently prisoner.
1. PC1/48, 232.
1. PC1/48, 232.
A1692/5/179
A1692/5/1791
Act
The Lords of there Majestyes privie Council doe hereby ordaine and appoint that all Ministers who at any tyme hereafter shall obtain any act or interloquitor of Councill anent any stipends in there favours shall before extracting any such act or Interloquitor Give in to the Clerks of privie Councill ane obleidgement subscryved be them Binding and obleidgeing themselves that for the future they shall pray for there majestyes King William and Queen Mary as King and Queen of this Realme And appoints the Clerks to keep these obleidgements in retentis with the Interloquitors And to mentione in the extracts that the obleidgement is produced befor extracting.
1. PC1/48, 232.
1. PC1/48, 232.
A1692/5/178
A1692/5/1781
Decreet
Anent the Lybell or Complaint raised before the Lords of there Majestyes privie Councill at the Instance of Sir William Lockhart [there] Majestyes Sollicitor for there Highnes interest In the matter underwreitten Makeing mention That where albeit by the Comon Law by the Lawes and acts of parliament and the dayly practice of this and all other well governed nationes And especially by the thretty one and thretty tuo acts sevent parliament of King James the second And by the Hundreth and Fiftie third act tuelth parliament of King James the Sixt, The Inbringing or2 buyeing of poysone By which any Christian man or woman may receave any bodily harme Especially when the same is in ane most exorbitant and undue quantity which Cannot be suteable or usefull in any medicine And most of all when the same is used sold or disposed of by a phisician who knowes the nature or danger of the poysone And the method of useing and prepareing it for takeing away the Lyves of men and women or other unlawfull ends As also the assisting of prisoners who were Incarcerat for publict crymes againest the Government in the makeing of there escapes out of the prisone houses or Castles where they were Imprisoned and to that end the provydeing of matterialls requisite for breaking the prisones Cutting or fyleing of the Iron Stanchers of the prisone by aqua fortis Subminated mercury, and fyles or the being airt and pairt for doeing the same are Crymes of ane high nature whereof the verie attempt and provydeing the necessar materialls are severely punisheable albeit the designe did not take effect by the escape of the prisoner Yet Nevertheless It is of veritie That Doctor John Mcghie Doctor of Medicine Shakeing off all fear and regaird to there Majesties authority and Lawes Did upon the […] day of Apryll Last or in this Instant moneth of Maij or ane or other of the saids moneths Enter into a most hellish and deivilish countryveance to poysone the officers or souldiers of our Castle of Edinburgh, Cutt the Iron Stanchers thereof and make the prisoners therein escape And for that effect did buy the quantity of tuo ounces of sublimated mercury and Eleaven ounces of aqua fortis which are both poysonable to mankynd And which is a quantity of aither unsuteable to made use of in any drouge or medicine a small pairt thereof being sufficient to take away the Lyfe of Hundreths As also the said Doctor John Mcghie did designe ane attempt to break the prisone of the Castle of Edinburgh by assisting Mr Henrie Naval Pain prisoner there for a publict cryme to escape out of the samen. And for that end did provyde fyles for Cutting the Iron stanchers of the roume where the said prisoner wes keeped and did provyde such ane exorbitant quantity of the said aqua fortis and sublimated mercury as wes more then sufficient both to be Imployed for Corrodeing the Iron stauchells of the prisone house and prepareing the same for the fyle so as the same might be done without noise or observatione And also for poysoneing the wholl garisone which fyles and poysone The said Doctor John Mackghie did wrapt up in a servite and put them under the castle wall In order to be convoyed to the said Mr Henrie Naval Pain that the same might be Imployed by him for poysoning the garisone At least for makeing his escape or both these Ends At least the said Doctor John Mcghie wes airt and pairt and assisting in provydeing and Convoyeing of the said poysone And therefore he ought to be severely and exemplarly punished in his persone and goods to the terror of others to Comitt the Lyke in tyme comeing And Anent the charge3 Given to the said Doctor John Mcghie be vertue thereof To Compear befor the saids Lords of privie Councill this day To ansuer to the points of the above Complaint And to hear and see such order and Course taken thereanent as the saids Lords shall think fitt under the pain of rebellione and putting of him to the horne with Certificatione If he failzied there majesties other Letters should be direct to putt him thereto Simpliciter As the said Lybell and executione thereof bears Which Lybell or Complaint above wreitten being this day Called In presence of the saids Lords of privie Councill And Sir William Lockhart there majestyes sollicitor and Sir Patrick Hume advocat persewers forsaids Compearing personallie And the said Doctor John Mcghie defender being brought from the tolbooth of Edinburgh to the barr The Saids Lords of there majestyes privie Councill Haveing Considered this Lybell with a petitione given in be the above Doctor Mcghie subscryved by him and the subscription ouned be him in face of Councill whereby he acknowledges that he did prepare and Lay doun at the foot of the Castle wall the particular drogues Contained in the above Complaint The Saids Lords ordaines the Doctor John Mcghie to be Carryed back to the tolbooth of Edinburgh And appoints him to Continow prisoner untill he enact himself in the books of privie Councill That he shall depairt furth of there majestyes Dominiones and never returne thereto under all highest pain that after may follow And allowes the Doctor the benefite of open prisone The magistrats of Edinburgh and keeper of there tolbooth being alwayes ansuerable for his safe custodie
1. PC1/48, 230-32.
2. The word ‘and’ scored out here.
3. The words ‘the charge’ are inserted above the line.
1. PC1/48, 230-32.
A1692/5/177
A1692/5/1771
Procedure: committee
The Lord Carmichaell and the Laird of Pollock added to the Comittee appointed anent seized horses and for Examineing horse Coupars anent horses brought from England
1. PC1/48, 230.
1. PC1/48, 230.
A1692/5/176
A1692/5/1761
Procedure
A Letter from the Commissioners of Supplie in the shyre of Renfrew Recomending the Cheiff officers of the heretors and Collonells and Leivetennent Collonells of the Fenciblemen in the said shyre of Renfrew as named in the said Letter bearing dait the tuenty Eight of Maij instant read And approves the persones named In the Letter to bear Comand as followes viz William Lord Ross to be Collonell of the Fenciblemen Archibald Stewart of Blackhall younger to Comand the heretors And authorizes and appoints the saids Commissioners to make Choise of William Muir of Glanderstoun and John Caldwell of that ilk any one of them to be Leivetennent Colonell of the Fenciblemen and the other to Comand the heretors under Blackhall as the Comissioners shall think fitt And Recomends to the Lord High Chancellour to wreitt a Letter to the Comissioners Signifyeing what the Councill hes done in this matter.
1. PC1/48, 229-30.
1. PC1/48, 229-30.
A1692/5/175
A1692/5/1751
Procedure: commission
My Lord Chancellour reported to the boord that he hade received from secretarie Johnstoun a Coppie of there Majesties Comissione to the Duke of Leinster to be Comander in cheif of there majesties forces within this Kingdome attested by the said secretarie which being read wes ordered to be recorded and allowes Sir Thomas Livingstoun to have a Coppie of this Commission whereof the tenor followes William and Mary by the grace of God King and Queen of Scotland England France and Ireland defenders of the faith etc. To our Right trustie and Right Intirely Beloved Cussin Mainhard Duke of Linpster Generall of our horses Greeting Wee haveing placed speciall Confidence in your Loyalty Courage and discretion wee doe authorize nominate and appoint yow To Command in Cheiff dureing our absence out of Brittaine all such troops horses foot or dragoons, as are presently or shall hereafter be Imployed in our service within our ancient Kingdome of Scotland And wee doe Command all our officers and souldiers within our said Kingdome to obey yow as our Commander in cheiff there, And yow to observe and follow such orders and directiones from tyme to tyme as shall receave from us the King or Queen Given under our Royall hand and Signet att our court at Breda the seventh/seventeint2 day of Maij and of our reigne the fourth year By his majesties Comand […] Followes the attestation This is a true coppie of a Commission Granted be the King to the Duke of Leynster for the purpose therein exprest Sic subscribitur J Johnstoun
1. PC1/48, 229.
2. Julian and Gregorian dates.
1. PC1/48, 229.
2. Julian and Gregorian dates.
A1692/5/174
A1692/5/1742
Sederunt
Lord Chancellour; Duke of Queensberry; Marquis of Douglas; Earl of Drumlanrig; Earl of Linlythgow; Earl of Louthian; Earl of Leven; Earl of Forfar; Earl of Breadalbane; Viscount Tarbat; Viscount Stair; Lord Carmichaell; Master of Forbes; Lord Fountainhall; Lord Enstruther; Laird of Blackbarronie; Laird of Pollock; Sir Thomas Livingstoun; Sir William Lockhart; Sir Patrick Murray
1. PC1/48, 229.
2. PC1/48, 229.
1. PC1/48, 229.
2. PC1/48, 229.
A1692/5/173
A1692/5/1731
Commission by the Council
The Lords of there Majesties privie Councill being Informed that Andrew Liddell sometyme in Finnighaugh and James Liddell his sone are taken reed hand with sheep stollen by them off the Muires of Fintrie And that they are Imprisoned and Examined by the shirreff deput of Stirling shyre and Confessed the thift And Considering It will be a great daill of charges befor the Lords Commissioners of Justiciarie Besydes that severall Inconveniencies may arryse by there transportatione And the saids Lords Lykewayes Considering that the said thift Cannot be tryed and Judged by any persones in the Countrey without a warrand and Commissione from there Lordships for that effect and there Lordships being desyrous to have the said matter brought to a tryall that the persones Guilty may receave condigne punishment and others may be deterred from Comitting the Lyke crymes in tyme comeing They Doe hereby Give full power warrand and Commissione to John Wordie of Tarbrex shirreff deput of the shyre of Stirling John Dick Late proveist of Stirling John Callender of Craigforth William Livingstoun of Greenyairds and Mr Robert Murray of Livilands or any three of them who are hereby declared to be a Quorum The said Shirreff deput being alwayes on of the three, To take tryall of and to Judge and doe Justice upon the saids Andrew and James Liddells And In order thereunto To meet and Conveen at Stirling the First day of Junij next to come And there to accept of this present Comissione And upon there acceptance To administrate the oath of fidelity to the persone whom James Montgomery of Langshaw Clerk to the Justice court shall deput and substitute to be Clerk to this present Commission And If the said James Montogomerie shall neglect or delay to deput or substitute a Clerk as said is being requyred thereto with power to the saids Commissioners or there said quorum to Choise there oune Clerk for whom they shall be ansuerable With power Lykewayes to the saids persones hereby Commissionat or there said quorum to creat make and constitute serjeants dempsters and other2 members of the said Court And to Issue out and Cause raise precepts or Lybells of Indytement at the instance of John Mairtine wodsetter in Stirling procurator Fiscall for there majestyes interest in the said matter againest the saids sheep steallers for summonding and Citeing them and the assessory and witnesses in the ordinarie maner and under the usuall pains and Certificationes To Compear befor the saids Commmissioners hereby Commissionate or there said quorum at […] the […] day of […] with power also to them to amerciat and fyne the absent assysers and witnesses and the americaments and fynes to uplift for there oune use and behoof and And to adjourne themselves from tyme to tyme To the effect that the pannells being fully heard The saids Commissioners or there said quorum May Judge and determine the relevancie of the Lybell And to Call ane Inquest of Fourty Fyve persones who are to be fitted on the assyse of the saids sheep steallers and out of that number to choise ane assyse of Fyftein And to administrat to them the ordinary oath in the usuall termes And with power also to the saids Commissioners or there said quorum to examine the witnesses to be Cited In presence of the saids pannalls and sworne Inqueist upon the points that shall be found relevant and admitted to probatione And therefter to remitt the said Lybell and interloquitor to be given by them anent the relevancie thereof And the depositiones of the witnesses to be taken in maner forsaid to the knowledge of the said Inqueist and assyse Whom they appoint to elect Chancellour or president with a Clerk And after reading and peruseall of the said Indytement Interloquitor to be given therein and depositiones of the witnesses to be taken In presence of the saids pannalls and assyse To Find the Lybell proven againest the saids pannalls or to assoilzie them according to Law and as they will be ansuerable to God and a good Conscience That they draw up there verdict accordingly and delyver the samen sealled by the hand of there Chancellour or president to the saids persones Comissioners or there said quorum When the saids Lords authorize and Commissionat to advyse the haill process and verdict of the Inqueist with the depositiones of the witnesses And to give and pronunce sentence Condemnator or absolvitor in the said matter according to Justice And in case the saids Judges shall find the pannalls guilty of the Crymes Laid to there Charges With power to the saids Commissioners or there said quorum To Decerne and adjudge them to be hanged or otherwayes to be execute within such tyme and after such maner as they shall think fitt And generallie with power to the saids Commissioners or there said quorum to act doe and performe all and sundrie things whatsomever competent and Incumbent to be acted doune and performed by any Commissioners of Justiciarie hitherto Nominate and appointed be the saids Lords of privie Councill signed at Edinburgh the Tuentie sixt day of Maij Jaj vjc and nyntie tuo years Sic Subscribitur Tweeddale Cancel: Queensberrie Drumlangrig Linlithgow Lothian Forfar Breadalbane Stair John Lauder Archibald Murray
1. PC1/48, 226-8.
2. The word ‘officers’ scored out here.
1. PC1/48, 226-8.
A1692/5/172
A1692/5/1721
Warrant
The Lords of there majestyes privie Councill doe hereby Give order and warrand to the Leivetennent Governour of the Castle of Dumbartoun to dispose upon and make use of for the mantenance and Entertainment of the2 Garisone in the said castle such quantityes of meall malt butter and Cheese as are presently Lyeing in store within the said Castle To be defalked off there subsistance money untill the fresh provisiones be prepared and Laid in
1. PC1/48, 226.
2. A symbol is inserted above the text here, perhaps intended as a coda.
1. PC1/48, 226.
2. A symbol is inserted above the text here, perhaps intended as a coda.
A1692/5/171
A1692/5/1711
Procedure
The Councill being Informed that Last week The Earle of Glencairne The Lairds of Kilmaronock Luss Polkellie, Young Bishoptoun, Orbistoun and severall others hade a meeting hard by Dumbartoun and all there horses with them which they have sent to some place in the Highlands And that is it said There designe wes upon the Castle of Dumbartoun They Recomend to the Lord High Chancellour to wreitt to Sir John Maxwell of Pollock to make Inquiry in this matter and returne to the Councill such particular accompt as he can be able to reatch therein Both as to the pairtyes mett and the designe of there meeting and there behaviour and actings And to transmitt to the Councill such evidences as he shall find this effair.
1. PC1/48, 226.
1. PC1/48, 226.