A1694/11/5
A1694/11/52
Sederunt
Lord Chancellor; Earl of Dumlangrig; Earl of Sutherland; Earl of Mortoune; Earl of Lothiane; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Yester; Lord Ross; Lord Advocat; Lord Hattoune; Laird of Leyes; Sir John Hall
1. NRS, PC1/50, 36.
2. NRS, PC1/50, 36.
1. NRS, PC1/50, 36.
2. NRS, PC1/50, 36.
A1694/11/4
A1694/11/41
Procedure: committee formed
A letter from the Commissioners of justitiarie To the Lord High Chancellor and the Councill Representing that the noblemen of the Western district refuiseth to give bond to these Commissioners for the peace albeit The noblemen in the northern districts have done the same read and recomended To the Earl of Forfar The Viscount of Tarbat, The Lord Advocat and Sir Thomas Burnet of Leyes To consider the Registers of Councill and the new and old Commissiones of Justitiarie within the Highlands and the acts of parliament anent the same and to report their oppinione in this matter to the Councill and Recomends to the Comittee to meet the morrow at twelve in the forenoone and appoynts the Lord Aberuquhill who as President of the meeting of the said Commissioners subscryve the said Letters To be acquainted when the Committee shall meet that He may be present at their meeting
1. NRS, PC1/50, 35-6.
1. NRS, PC1/50, 35-6.
A1694/11/3
A1694/11/31
Order
The Lords of their majesties privie Councill doe Hereby recommend To Sir James Stueart their majesties Advocat To wryt to the magistrats of Stirling That they receive and detaine within their prisone such publict prisoners as shall be sent to them by the Commissioners for securitie of the peace of the Highlands or otherwayes
1. NRS, PC1/50, 35.
1. NRS, PC1/50, 35.
A1694/11/2
A1694/11/21
Act
Anent the petitione given in to the Lords of their majesties privy Councill by poor Margaret Watt prisoner in the Tolbooth of Forfar Shewing that where the petitioner was most justlie condemned by a Commissione from the said Lords to dye at Forfar upon tuesday the eight instant for murdering of her owne Child gotten upon her by Alexander Barrie who was her master and who not only debused the said petitioner in his owne House but induced her to deny her being with child untill it was borne, and then not only refused to let her cry for help, but assisted her in the birth advysed her to stiffle it, and even burried it alyve and then to take the said petitioners solemne oathe never to reveale it which he forced her to for fear of her lyfe And which the petitioner did untill they were both condemned But the said petitioner did immediatlie therafter make ane ample confessione to the minister of Forfar as his letter produced did testifie and seeing the said petitioner is very young and very ignorant and most desyrouse to be als examplar in her repentance at her death as she hes been wicked and unnaturall in her lyfe Which she hoped in Gods mercie a few weeks repryve with the assistance of the minister of the place may very much contribute to. And therfore humbly supplicating in maner and to the effect aftermentioned as the said petitione bears The Lords of their Majesties Privy Councill haveing considered this petitione given in to them by the said Margaret Watt with the minister of Forfars letter mentioned therein and produced therwith They Hereby Repryve the said petitioner from the sentance of death pronounced against her untill the twentie two day of November exclusive and Discharges the magistrats of Forfar and all others concerned To put the said sentance to executione against her untill the said tuenty two day of November instant exclusive as said is for which this should be to all concerned a sufficient warrand sic subscribitur Tweeddale cancell Southerland Morton Lothiane Leven Forfar Breadalbane Yester Robert Sinclair J Burnet
1. NRS, PC1/50, 34-5.
1. NRS, PC1/50, 34-5.
A1694/11/1
A1694/11/12
Sederunt
Lord Chancellor; Earl of Sutherland; Earl of Mortoune; Earl of Lothiane; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Broadalbane; Viscount Tarbat; Lord Yester; Lord Ross; Lord Advocat; Laird of Stevinson; Laird of Leyes;3 Sir John Hall
1. NRS, PC1/50, 34.
2. NRS, PC1/50, 34.
3. One illegible word scored out here.
1. NRS, PC1/50, 34.
2. NRS, PC1/50, 34.
3. One illegible word scored out here.
A1693/11/43
A1693/11/431
Act
Anent the petitione Given In to the Lords of their Majesties privie Councell Be Thomas Mcbraer prisoner in the Cannongate tolbooth Sheuing That wher the petitioner hes from tyme to tyme these three years bypast been detained prisoner for severall months to the utter ruine of his poor family and wyfe being afflicted uith ane sadd and Languishing sickness That the petitioner is not In a Conditione to supply her Indigency nor Hath she to support the extream necessity of fyve poor small children farr less the expensses of ane wearisome Imprisonment and the ordinary Jaylor Fies And in respect the petitioner is Incappable to Act anything Against the Government And that it can never be made appear that the petitioner ever Acted any thing against the same And therfore Humbly Craving to the effect underwryten as the said petitione Bears The Saids Lords of their Majesties privy Councell Having Considered the above petitione They heirby Give ordor and warrand to the magistrats of Edinburgh and keeper of their tolbooth of the Cannongate to sett at libertie the said Thomas Mcbraer furth therof He first Giving Bond and 2 Inacting himself in the books of privie Counsell That he shall Live peacably under and uith all submissione to the present Government of their Majesties King William and Queen Mary and that he shall not Act consult nor contryve anything in prejudice therof nor Converss or Correspond uith any rebells and that he shall appear before the saids Lords when called for under the penalty of fyve hundred merks scott In caise he shall transgress in any part of the premisses
1. NRS, PC1/49, 187.
2. The phrase ‘finding sufficient Cautio’ scored out here.
1. NRS, PC1/49, 187.
2. The phrase ‘finding sufficient Cautio’ scored out here.
A1693/11/42
A1693/11/421
Act
The Councell Being Informed by their Majesties Advocat That Euphan Colstaine is appoynted to death by the Lords Commissioners of Justiciary for murdering of a Chyld But that their sentence proceeded upon the Late Act of parliament Declaring it death for any woman That being knouen to be uith Chyld shall bring furth her chyld uithout Calling for the assistance of women If the Chyld be found dead altho the Chyld be borne dead And that their Lordships did not find any mark of violence proven to be upon the Chylds body when It was Found And that therfore they had given her a Long day And the Lord Justice Clark declared in name of the rest of the Justices that they uould be uilling the sentence uere altered The Saids Lords Doe Heirby alter the sentence of death pronunced against the said Euphan to Banishment And therfore they discharge the putting of the said sentence of death to executione Against her And Have Banished and heirby Banishes her to their Majesties plantationes in America In respect she hath Inacted her self In the books of privie Councell That she shall transport herself to the saids plantationes and never Returne therfrom under the paine of death to be execute Against her uithout mercy by putting the said sentence Into executione And appoyntes her to remaine prisoner in the said tolbooth untill the first ship bound for their Majesties plantationes in America be ready to saile And ordaines the Magistrats of Edinburgh to see her putt on board the same sic subscribitur Tueeddall canll Southerland Linlithgow Annandall Tarbat Stair Beilhaven John Lauder W Anstruther
1. NRS, PC1/49, 186-7.
1. NRS, PC1/49, 186-7.
A1693/11/41
A1693/11/411
Decreet
The Lord High Chancellor Having Reported to the Councell That Mr Walter Collvill wryter in Edinburgh Did upon teusday last after publishing the proclamation for adjurning the Generall Assembly Came to Mr Patrick Creichtoune wryter in the privie Councell office who had been upon the Cross uith the same And offered to protest that the Assembly might meet notuithstanding of the proclamatione And that his Lordships uith the Lords Advocat and Justice Clerk Having examined the said Mr Walter He did acknouledge what he had done But said He uas then in drink upon which the Lord Chancellor gave ordor for his Imprisonment And now Leavs it to the Councell what they uill doe uith him The Councell approves of what the Lord Chancellor The Lords Advocat and Justice Clark had done In examining the said Mr Walter prisoner and Committing him prisoner And Having Called for the prisoner to
the Councell barr He did acknouledge that He did protest against the sitting of the Generall assembly And solemnly deponed that noe persone advysed him therto nor spoke to him theranent nor did it come into his mynd till the very moment in which he did it And did declare that he was very sensible that he had done a verie great Cryme and was very penitent therfore And declared that it was the effect of drink and not of designe And the Councell Having examined uitnesses upon the matter They In respect of the said Mr Walter his deep sense of and penitence for the said Cryme And finding noe Evidence of a designe nor of any persones being accessory to the said fact but that the samen hes been the effect of drink and yet Considering that the Act in itself Is a Great Cryme Houever favourablie Circumstantiat Therfore they Heirby Banish the said Mr Walter from the City of Edinburgh and suburbs therof And ordains him to remove himself furth therof once betuixt and mundayes night nixt ensuing And Gives ordor and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to sett the said Mr Walter at Libertie furth therof In respect He hath Inacted himself in the books of privie Councell That he shall Remove furth of the said toune and suburbs betuixt and the tyme forsaid And not returne uithin the same under the penaltie of fyve Thowsand merks In caise He shall transgress in the premisses
1. NRS, PC1/49, 185-6.
1. NRS, PC1/49, 185-6.
A1693/11/40
A1693/11/401
Act
Anent the petitione given In to the Lords of their Majesties privie Councell Be Thomas Meldrum prisoner in Edinburgh tolbooth Sheuing That their Lordships petitioner being Imprisoned in the Cannongate tolbooth at the Instance of George Warrander and Mr James Bartein merchants in Edinburgh for ane debt In which prisone the petitioner was detained a considerable tyme And it falling out that the said prisone being brok wherby some persones Having escaped among whom he was one was after tuo months tyme apprehended and Conveened before a Committie of their Lordships He was ordored to this prisone wherin he hes Continoued three years And Having now at Lenth Given satisfactione to these persones by whom he was detained as their Consent for setting him att Liberty and ane declaratione under the hands of the Clark of the Cannongate prisone That it was the only debt for which he was detained produced uith the said petitione doeth testifie And therfore Humblie Craving to the effect underwryten as the said petitione Bears The saids Lords of their Majesties privie Councell Having Considered this petitione Given In to them Be the above Thomas Meldrum uith a declaratione by his Creditors That the debt for which he was first Incarcerat Is payed They heirby Give ordor and uarrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Liberty furth therof and not detaine him therin In so farr as he is Incarcerat by ordor of Councell only But prejudice alwayes as to any other Grounds upon which he is Imprisoned aither for Civill debt or otherwayes as to which the saids Lords refuises to medle therin But Leavs to the Magistrats to doe therin as they uill be ansuerable according to Law
1. NRS, PC1/49, 185.
1. NRS, PC1/49, 185.
A1693/11/39
A1693/11/391
Act
The Lords of their Majesties privie Councell Doe Heirby Repryve Kathrine Comerie alias McComerie prisoner in the tolbooth of Edinburgh From the sentence of death pronunced against her Be the Lords Commissioners of Justiciary for murdering her oune Chyld appoynting her to be execute upon Fryday the first day of december nixt to Come And discharges the Magistrats of Edinburgh to putt the said sentence to executione Against her untill fryday the Eight day of the said month In respect of her great Ignorance And that she Earnestly desyres Eight dayes delay In ordor to her preparatione to Eternity uithout Hopes of any repryve or farder delay And the saids Lords doe Heirby ordaine the Magistrats of Edinburgh to see the forsaid sentence of death pronunced by the Lords of Justiciary Against the said Kathrine putt to executione Against her perremptarly upon the said Eight day of December nixt And the saids Lords expressly declares that they will allow noe furder Repryve to the said Kathrine after the said day sic subscribitur Tueeddale cancell: Southerland Linlithgow Leven Annandall Tarbat Stair Beilhaven John Lauder
1. NRS, PC1/49, 184.
1. NRS, PC1/49, 184.