A1705/9/7
A1705/9/71
Warrant
His Grace her Majesties high Commissioner and Lords of her Majesties Privie Councell Doe heirby Permitt and Allow Major Generall Maitland to goe to London about his necessary affairs ther, untill the first day of January nixt to come.
1. NRS, PC1/53, 422.
1. NRS, PC1/53, 422.
A1705/9/6
A1705/9/62
Sederunt
3Lord Chancellor; Duke of Queensberrie p.s.; Marquis of Annandale S.; Earl of Loudoun S.; Earl of Craufurd; Earl of Mortoun; Earl of Levine; Earl of Ballcarras; Earl of Forfar; Earl of Dunmore; Earl of Hyndfoord; Earl of Cromartie; Earl of Stair; Earl of Roseberrie; Earl of Glasgow; Lord Archibald Campbell; Lord Forbes; Lord Ross; Lord President of Session; Lord Register; Mr Fr. Montgomrie
1. NRS, PC1/53, 422.
2. NRS, PC1/53, 422.
3. The word ‘His’ been scored out here.
1. NRS, PC1/53, 422.
2. NRS, PC1/53, 422.
A1705/9/5
A1705/9/51
Act
Mitchell Godett Captain of the French privateer taken by Captain Matthew Campbell Comander of her Majesties Ship the Dumbarton Castell, haveing represented to his Grace her Majesties high Commissioner and Lords of her Majesties Privie Councell that he with nyne of his men being by former ordinance of Councell Appoynted to be continued in prisone ay and whill John Adams master, Patrick Mudie, John Carr, John Mckenzie, James Shearer, William Ritchie, Robert Crone, Archbald Millar, William Rodger and Matthew Scott all Scots men now prisoners in Duinan in France, be sett at liberty, and have a Sufficient and valide passport to returne home without trouble or molestatione And that the Same Should be notified to the Councell; And the said Captain being desyreous to returne to France in order to procure the more Speedy liberty and releasment to the foirnamed persons; and haveing given his paroll of honor to her Majesties high Commissioner that he Shall either procure the releasment and liberty of the foirnamed persons and that the Samen Shall be notified to his Grace and the Councell within three moneths hence or otherwayes that he shall returne to Scotland, and reenter himselfe to prison His Grace and the Saids Lords having considered the Samen They heirby Permitt and allow the said Captain Mitchell Godett to returne to France without trouble or molestation for the end forsaid, And discharges all persons to trouble or mollest him in his voyage thither, And appoynts the Cashet of the privie Councell of Scotland to be appended, and the Clerks to give out extract heirof accordingly.
1. NRS, PC1/53, 421-2.
1. NRS, PC1/53, 421-2.
A1705/9/4
A1705/9/42
Sederunt
His Grace her Majesties high Commissioner; Lord Chancellor; Duke of Queensberrie p.s.; Marquis of Lothian; Earl of Mortoun; Earl of Ballcarras; Earl of Glasgow; Earl of Hopetoun; Lord Archibald Campbell; Lord Forbes; Mr Fr. Montgomrie
1. NRS, PC1/53, 421.
2. NRS, PC1/53, 421.
1. NRS, PC1/53, 421.
2. NRS, PC1/53, 421.
A1705/9/3
A1705/9/31
Order
His Grace her Majesties high Commissioner, and Lords of her Majesties Privie Councell Doe heirby appoynt and Ordaine the haill French prisoners who are lying in the Tollbooths of Cannongat and Leith (Except the master and nyne of his men, who are to continue in prisone ay and whill Sir John Shaws men that are prisoners in France be sett at liberty, and have a Sufficient and valide passport to returne home, And that the same be notified to the Privie Councell, And als except La Grandure and Le Peine two of the saids prisoners who by former ordinance of Councell are appoynted to be Sett at liberty) To be Shiped aboard of […] Taitt his Shipe Lying at Leith to be by him carried to Newcastell, And for that effect appoynts and ordains the Magistrats of Cannongat and Leith and Keepers of their Tollbooths To delyver the persons of the haill French prisoners in ther custody and Tollbooth excepting as above To Captain Thomas Gordon Commander of her Majesties friggot the Royall Mary, or to those having his orders to receive them off their hands, And putt them aboard the said shipe, and that without payment of any house dues, And appoynts and ordains the saids Magistrats to keep and detaine the saids Master and his said nyne men in their Tollbooths ay and whill further orders of Councell theranent.
1. NRS, PC1/53, 421.
1. NRS, PC1/53, 421.
A1705/9/2
A1705/9/21
Order
His Grace her Majesties high Commissioner, and Lords of her Majesties privie Councell Doe heirby Command and ordaine Captain Thomas Gordon Commander of her Majesties friggot the Royall Mary to saill furth with and with all speed wind and weather Serving from Leith to Newcastell, and to take under his Convoy the Ship belonging to […] Tait hyred by the Lords Commissioners of her Majesties Theasaury for transporting and carrieing the French prisoners, for present in the Tollbooths of Cannongat and Leith, and ther and at the said port to delyver the saids prisoners to the Lord Mayor of Newcastle, or to any other persone or persons haveing her Majesties warrand for receiving of them; And upon the Said Captain Gordons arryveall ther His Grace and the saids Lords Doe heirby appoynt and ordaine to intimat these his orders to the said Lord Mayor and Aldermen of Newcastle, or any others haveing orders and warrand for receiving the saids prisoners; And his Grace and the saids Lords Doe heirby appoynt and ordaine the said Captain Gordon to returne from Newcastell to the mouth of Forth, And to bring under his Convoy Such Scots Ships, as are home-ward bound ther, and conduct them Safe within the Island May; And therafter appoynts and ordains him to prosecute his Cruise Northward, and call at all the harbours and Seaport towns for Ships bound to Leith, and receive them wnder his Convoy thither.
1. NRS, PC1/53, 421.
1. NRS, PC1/53, 421.
A1705/9/1
A1705/9/12
Sederunt
His Grace her Majesties high Commissioner; Lord Chancellor; Duke of Queensberrie P.S.; Marquis of Annandale S.; Earl of Loudoun S.; Earl of Ballcarras; Earl of Stair; Earl of Glasgow; Lord Archibald Campbell; Lord Register
1. NRS, PC1/53, 420.
2. NRS, PC1/53, 420.
1. NRS, PC1/53, 420.
2. NRS, PC1/53, 420.
A1704/9/11
A1704/9/111
Commission by the Council
The Lords of her Majesties privie Councill Being informed That John Roy maltman in Nairn, Elspeth Tulloch his servitrix and Jannet Dallas servitrix to John Sinclair in Tumnacroich present prisoners in the Tolbooth of Nairn are alleadged guilty of the horrid cryme of murdering their own Children And considering it will be a great deall of Charges and Expensses to bring the saids John Roy, Elspeth Tulloch and Jannet Dallas to this place in order to a tryall before the Lords Commissioners of Justiciary beside that severall inconveniencies may aryse by their Transportation And the saids Lords Lykewayes Considering That this horrid cryme cannot be tryed and judged by any persons in the Country without a warrand and Commission from their Lordships for that effect, And the saids Lords being desireous to have the said matter brought to a tryall That the persons guilty may receave Condigne punishment and others may be detterred from Committing so horrid a Cryme in tyme Comeing They Doe heirby Give Full power Warrand and Commission To the sherriff principall of Nairn or his Deputs, Heugh Ross of Kilraak, John Forbes of Culloden […] Sutherland of Kirstirie […] Broddy of Aslisk, Heugh Ross of Clava, Alexander Dumbar of Beash, Heugh Ross of Breadlie. And Declaires any three of the saids persons to be a sufficient Quorum, The sherriff principall or Sherrif Depute being allwayes one. To take tryall of and to Judge and doe Justice upon the saids John Roy, Elspeth Tulloch and James Dallas for the said Crime of murdering their oun Children And in order therto, To meet and Conveen att […] the Thrid day of October nixt to Come And there to accept of this present Commission, and upon their acceptance to administrat the oath of fidelity to the persons whom the Lord Justice Clerk or James Montgomery of Langshaw Clerk to the Justice Court as Deput to the said Lord Justice Clerk, Shall nominat Depute and substitute to be Clerk to this present Commission. With power to the saids Commissioners or their said Quorum to Choyse there oun Clerk (for whom they shall be answerable) In case the said Lord Justice Clerk and James Montgomerie shall refuise to Nominat a Clerk in this matter They being first required soe to doe. With power Lykewayes to the saids persons heirby Commissionat or their said Quorum To Creat make and Constitute Serjants Dempsters and other members of the said Court, And to ishue out and raise precepts or lybells of Indictments at the instance of […] Procurator Fiscall for her Majesties Interest in the said matter against the saids John Roy, Elspeth Tulloch, and Jannet Dallas accused for murdering their oun Children, for summonding and citeing of them upon fyfteen dayes By delyvering to them ane full Coppie of the Lybell of the Indictment, With the names and designationes of the Assyssers and witnesses subjoyned and for citeing the assyssers and witnesses in the ordinary manner, And under the pains and Certifications To Compear before the saids Commissioners heirby Commissionat or their said Quorum att […] With power also to them to amerciat and fyne to uplift for their oun use and behoove, And to adjourn themselves from time to time till the relivance be discussed. To the effect that the pannalls being fully heard. The saids Commissioners or their said Quorum may Judge and determine the said relivancie of the Lybell. And to call ane Inqueist of fourty five persons Who are to be cited on the assyze of the saids pannals, and a list of their names and Designationes given into the saids persons accused with ther Lybells as said is And after discussing of the relivancie of the said Lybell in presence of the saids persons of Inqueist by pronunceing Interloquitor thereon, Out of that number to Choyse ane assyze of Fyfteen And to administrat to them the ordinary oath in the usuall termes. And with power also to the saids Commissioners and sworn Inqueist upon the points that shall be admitted to probation And immediatly thereafter without any Adjournment To remitt the said Lybell and Interloquitor to be given by them anent the relivancie therof and the Depositiones of the witnesses to be taken in manner forsaid To the knowledge of the said Inquest and assyze Who without delay or goeing out of the Court are to be inclosed by them selves. And are appointed to remaine so inclosed and non suffered to be with them or to have access to them or any of themselves suffered to goe out untill they be aggreed and conclude their answer; And to Elect a Chancellor or President with a Clerk of their oun number, And after reading thereon, and Depositiones of the witnesses to be taken in presence of the saids pannells or not, according to the Law as they will be answerable to God and a good Conscience. And that they draw up the verdict accordingly. Bearing what way every assysser doeth vote, and Delyver the samen being first subscryved by the Chancellor or president, To the saids Commissioners or their said quorum Whom they heirby Authorize and Commissionat to advise the haill proces and verdict of the Inqueist, And give and pronunce, Sentance Condemnator or absolvitor, in the said matter, According to Justice And in case the saids persons Shall find the saids pannals guilty of the Crimes laid to their Charge With power to the Saids Commissioners or their said Quorum To Decerne and Adjudge them to be Execute to death within such space and after such a manner as they Shall think fitt, And Appoints the saids Commissioners their said Quorum or Clerk, To transmitt the haill proces which shall be led before them against the saids John Roy, Elspeth Tulloch, and Jannet Dallas, And the seaverall steps therof and Verdict of the Inqueist to be given therupon to the saids Lords of her Majesties privie Councill Betuixt and the first day of January nixt to come, To be considered by them. And Discharges the saids Commissioners or their said Quorum To suffer the sentance which shall be pronunced by them against the saids pannals to be put to Execution or to Appoint or affix a day for Executing thereof without speciall order or warrand had and obtained from the saids Lords of privie Councill for that effect And Generallie with power to the saids Commissioners or their said Quorum To act doe and performe All and Sundrie other things whatsomever Compitent and incumbent to be acted done and performed by any Commissioners of Justiciary hitherto Nominated and Appointed by the saids Lords of privie Councill, And the saids Lords Appoints the said Commissioners or their said Quorum within the space of a moneth after pronunceing and Executing their Sentance in this matter. To report to the Lords Commissioners of Justiciary or to the Clerk of the Councill Court ane authentick Extract under their hands of the said proces, sentance and the manner of Executeing thereof, To the effect the same may be recorded in the books of Justiciary, Which the Clerk to the Criminall Court is hereby requyred to record therein, as he will be answerable. Given Att Edinburgh the fyfth day of September Jaj vijc and four years. Sic Subscribitur Seafield cancellar Sutherland, Mar, Buchan, Eglingtoune, Loudoun, Kintore Dunmore Hyndfoord, W Anstruther, W Morisone, W Cuninghame.
1. NRS, PC1/53, 276-9.
1. NRS, PC1/53, 276-9.
A1704/9/10
A1704/9/101
Warrant
The Lords of her Majesties privie Councill Appoints and ordains Petter Aggatt Captain of the French Privateir last taken by Captain Gordon to be shipped aboard of Archibald Drummonds shipe, and carried with the rest of the French prisoners to New Castle Upon his giveing sufficient security under the penalty of One Thousand pound Scots That James Hyndshaw sone to Gilbert Hyndshaw one of the keepers of Edinburgh Tolbooth now prisoner in Brist shall besett at Liberty and have ane sufficient and valid pass, With free liberty to him to returne to Scotland without trouble or molestation And upon the said Captain his giveing security as said is. Gives order and warrand to the keepers of the Tolbooth of Edinburgh, To Delyver him to any haveing warrand from Livetennent Generall Ramsay To receave the French prisoners and putt them aboard as said is. And if he failzie Recalls the former order appointing him to be shipped aboard and carried to New Castle in respect of the premisses.
1. NRS, PC1/53, 276.
1. NRS, PC1/53, 276.
A1704/9/9
A1704/9/91
Procedure
The Lords of her Majesties privie Councill Having heard and considered a Letter of the date the Tretty one day of August Last Direct to the Lord high Chancellor of this Kingdome from Mr Alexander Wdderburn Secretary Deput, By her Majesties order concerning the shipe from the East Indies lately seized in the Road of Leith By order of the Company of Scotland trading to Affrica and the Indies, As also haveing heard and considered the humble petition of the owners of the said shipe presented to her Majestie And Considered the same with the affidavits therto annexed. The Lords of her Majesties privie Councill finding that the forsaid shipe not being seized by any warrant or authority from the Government But by the forsaid Scots Company tradeing to Affrica and the Indies in prosecution of their oun proper Rights, And of the Acts of Parliament made and conceaved in their favours. And Lykewayes finding That the question and debate concerning the arreisting of the said shipe is already under proces and depending before the high Court of Admirality, which is the compitent Judicatorie for determining and decyding questions and debates of that nature in the first Instance. Therefore the Lords of her Majesties privie Councill Doe heirby Recommend to the Lord high Chancellor of this Kingdome to transmitt ane account of the premisses to the said Mr Alexander Wedderburne to be laid before her Majestie. As also the saids Lords Recommend to the Lord high Chancellor, Lord secretary and other Ministers of state of this Kingdome to represent the said matter fully to Her Majestie how soon they shall have the honour to wait upon her Royall person at Court.
1. NRS, PC1/53, 275.
1. NRS, PC1/53, 275.