NRS, GD124 – Mar and Kellie Papers inventory 1705-1708

Posted on May 14, 2024 by Philip Ward

NRS, GD124/10/449 – Mar and Kellie Papers

Journals of the Privy Council, 1705-8 (44 items)

Ref. (NRS)	Date	Sederunt	Items of business	PC adjourned until
GD124/10/449/1	13 Nov. 1705	Duke of Queensberry, Earl of Morton, Earl of Haddington, Earl of Lauderdale, Earl of Forfar, Earl of Stair, Earl of Roseberry, Lord Haddo, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Arnieston, Lord Halcraig, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Laird of Ormiston, Laird of Ormiston (younger), Lord Provost of Edinburgh.	Queensberry elected as praeses. Libel the lord advocate against Robert Cadle former minister. The lords discharged him from preaching in Elgin or within 20 miles from that place. Also ordered the sheriff to make sure that his meeting house was shut up. Libel brought by the earl of Haddington against the earl of Hume. Libel put to probation and a committee was named to examine witnesses. Petition from Colonel James Stewart, the governor of Edinburgh Castle. Part of the MS is damaged obscuring the contents but it mentions a payment and a crew. Council appointed the penalty of George Mackenzie to be 1,000 merks.	20 Nov., 3pm
GD124/10/449/2	20 Nov. 1705	Earl of Sutherland, Earl of Haddington, Earl of Lauderdale, Earl of Forfar, Earl of Hyndford, Earl of Glasgow (TD), Lord Haddo, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Arnieston, Lord Halcraig, Lord Anstruther, Lord Pollock, Mr Francis Montgomerie, Laird of Ormistoun, Provost of Edinburgh	Sutherland elected praeses. Petition from the earl of Home asking for his process with Haddington to be delayed; read and granted. Bill of suspension from the liferenters and tenants of the lands of Meldrum against the laird of Meldrum. Read and appointed to be seen and answered and execution sisted until the 2nd Tuesday of December. Petition from Bartholomew Gibson asking to be excused from some of the public burdens of his role as her majesty’s ferrier. Read and appointed to be seen and answered. Petition from Col. Stewart which was read and remitted onto a committee. Council appoints ‘Mr Andersone’ (Agnes Campbell, or maybe one of her and Andrew Anderson’s sons), HM printer, to sell the acts of the last session of parliament at half a crown. Petition from ‘Mistris Andersone’ (Agnes Campbell/Anderson) asking allowance to print the acts of parliament in several volumes and for others to be discharged from doing the like. Read and granted. Petition from Mr Robert Monteith asking to print some old poems. Read and granted. Petition from Thomas Howard and other owners and freighters of the ship the Worcester asking for Captain Green’s books and papers. Read and remitted to the Admiralty. Petition from Gabriel Clerk, prisoner in the tolbooth craving some aliment; read and remitted to the Treasury.	Next Thursday, 3pm
GD124/10/449/3	22 Nov. 1705	Earl of Sutherland, Earl of Mortoun, Earl of Haddington, Earl of Lauderdale, Earl of Leven, Earl of Forfar, Earl of Dunmore, Earl of Cromarty, Earl of Stair, Earl of Roseberrie, Earl of Glasgow, Lord Haddo, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Arnieston, Lord Halcraig, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Laird of Ormistoun, Provost of Edinburgh	Lauderdale elected praeses. Libel brought at the instance of the Provost of Arbroath against a former provost named Ramsay and others. Admitted to probation and a committee named to examine witnesses. Home v Haddington libel. Home was found to have committed a riot and was ordered to return some stones. But both parties are absolved from the remaining points of the libel. Petition from James Montgomery, a merchant in Glasgow asking for privilege to open a yarn manufactory. Read and granted.	Next Tuesday
GD124/10/449/4	29 Nov. 1705	Earl of Crawford, Earl of Sutherland, Earl of Haddington, Earl of Lauderdale, Earl of Leven, Earl of Forfar, Earl of Glasgow, Lord Haddo, Lord President of Session, Lord Advocate, Lord Justice Clerk, Lord Halcraig, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Laird of Ormistoun, Provost of Edinburgh	Crawford elected praeses. Petition from the GA Commission complaining of gross profanation of the lord’s day in and around Edinburgh. Read and remitted to a committee. This is regarding the petition of the provosts of Arbroath. The witnesses and points of the libel having been read and considered, the PC hereby annulled the election of the magistrates there in Michaelmas 1704. A new election was called for 13 December 1705. The PC ordered the earl of Montrose to be present at the election and the determination of the expenses was to be decided upon receipt of a report on the election. Representation from the earl of Glasgow to do with issues surrounding the ban on importation of Irish victual. A committee was appointed to deal with the matter. Petition from John Stuart, prisoner, to be set at liberty and transported abroad as a recruit. Read and granted. Petition from James Porterfield for sole permission to print a book entitled ‘Edinburgh Inglish Schoolmasters’. Read and granted for 19 years. Committee report regarding William Shaw of Brushmaker. Privileges requested in his petition granted for 9 years. Libel HM advocate against intruders in St Andrews. Defenders absent, but PC ordered their meeting house to be shut up. Petition from the agent of the Kirk (John Blair) about some grievances in the parish of Keith caused by some intruders. Read and remitted to a committee. Petition from Bartholomew Gibson and answers from magistrates of Canongate. Provost of Edinburgh and lord advocate to hear parties. Petition from the surgeon on the Worcester. Read and appointed to be seen by the African company.	Next Tuesday, 4pm
GD124/10/449/5	6 Dec. 1705	Earl of Leven, Earl of Forfar, Earl of Cromarty, Earl of Glasgow, Lord Haddo, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Halcraig, Lord Pollock, Mr Francis Montgomery, Provost of Edinburgh	Cromarty elected praeses. Request of David Guthrie, a prisoner, to go abroad as a recruit granted. Petition from James Cunningham of Carlung to cite his father’s relict concerning some aliment. Read and granted. Memorial from the lord advocate concerning Isobell Eskdale a prisoner in the tolbooth of Dumfries. She had been suspected of infanticide but had found sufficient caution so was set at liberty. Reprieve granted to William Liddell (a dragoon) who was under court martial for ‘slaughter’. Committee named to deal with the commission of JPs in Fife.	Next Tuesday, 3pm
GD124/10/449/6	11 Dec. 1705	Duke of Queensberry, Earl of Crawford, Earl of Sutherland, Earl of Morton, Earl of Buchan, Earl of Lauderdale, Earl of Findlater, Earl of Leven, Earl of Forfar, Earl of Cromarty, Earl of Stair, Earl of Glasgow, Lord Haddo, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Provost of Edinburgh	Queensberry elected praeses. Letter from queen regarding a proclamation to be printed anent the importation of Irish victual. Process at the instance of the earl of Northesk against his fishermen. It was found that these fishermen had left the earl’s service and were ordered to return to it.	Next Thursday, 3pm
GD124/10/449/7	3 Jan. 1706	Earl of Sutherland, Earl of Buchan, Earl of Forfar, Earl of Glasgow, Lord Register, Lord Justice Clerk, Lord Halcraig, Lord Pollock, Mr Francis Montgomery, Laird of Blackadder, Provost of Edinburgh	Earl of Buchan elected praeses. Libel case between Sir John Jairden of Aplegirth and John Broun of Cleugh and his son admitted to probation and delayed until the 13th. Libel at the instance of the agent of the kirk against Mr Gideon Guthrie. Assigned to 17 Jan. and parties to compeer. Second diligence for Francis Bell. Parties to compeer. Report of committee anent the Edinburgh v Bartholomew Gibson case. Read and approved. Petition of the magistrates of Aberdeen read and delayed. Petition from Charles May read and admitted to African Company to answer. Petition from some French prisoners who asked to be set at liberty in exchange for some Scottish prisoners who had been granted the same. Read and granted. Sir David Cunningham named as a commissioner of supply in Linlithgow as one of his predecessors had died. Petition from John Abercrombie, priest in Aberdeen, to be set at liberty; granted considering he had found sufficient caution.	Next Tuesday, 3pm
GD124/10/449/8	10 Jan. 1706	Marquis of Montrose, Earl of Buchan, Earl of Leven, Earl of Forfar, Earl of Roseberry, Earl of Glasgow, Lord Arnieston, Lord Halcraig, Lord Anstruther, Mr Francis Montgomery, Laird of Ormiston, Provost of Edinburgh	Montrose elected praeses. Petition from William Cunningham asking for a voluntary contribution in Perth and Stirling shires for building a bridge over the water of Riven. Read and granted. Petition from Charles May. Remitted to committee. Petition from the magistrates of Aberdeen to apprehend some people who had escaped from prison there. Read and granted.	Next Tuesday, 3pm
GD124/10/449/9	17 Jan. 1706	Marquis of Montrose, Earl of Haddington, Earl of Forfar, Earl of Glasgow, Lord President of Session, Lord Justice Clerk, Lord Arnistoun, Lord Halcraig, Lord Pollock, Mr Francis Montgomery, Laird of Ormistoun younger.	Montrose elected praeses. PC granted authority to inter the Lord Lindores in the Abbey Kirk. Second diligence for Francis Bell. Committee named to examine witnesses. Petition from Robert Freebairn to translate and publish into English both the Harlem Courant and the Paris Gazette. Read and granted. Petition from Bartholomew Gibson. Appointed to be seen and answered.	Next Tuesday, 3pm
GD124/10/449/10	24 Jan. 1706	Marquis of Montrose, Earl of Sutherland, Earl of Haddington, Earl of Lauderdale, Earl of Leven, Earl of Forfar, Earl of Cromarty, Earl of Glasgow, Lord Yester, Lord Justice Clerk, Lord Arnistoun, Lord Anstruther, Mr Francis Montgomery, Laird of Ormiston younger, Provost of Edinburgh	Montrose elected praeses. Libel at the instance of Charles Skeen in Dalrymple’s Regiment against the magistrates of Kinghorn. Admitted to probation and remitted to the committee anent pressed men. Petition from Andrew Wauchop of Niddrie about getting bonds of caution from some suspected priests. He claimed that he could prove they were overseas. Read and granted. Bartholomew Gibson’s petition read and refused. Petition from earl of Glencairn to be Master of Game in Renfrewshire. Read and granted. Petition Thomas Hagie sometime slave in Algiers. Asked for the money collected in Scotland for his liberty from slavery to be applied for satisfaction to those who had paid his ransom. Read and remitted to a committee. Petition from ‘Poor Francis Bell’. Witnesses absconded before previous second diligence, so it is granted against the witnesses.	‘this day eight days at 3 afternoon’
GD124/10/449/11	31 Jan. 1706	Marquis of Montrose, Earl of Buchan, Earl of Forfar, Earl of Ruglen, Earl of Cromarty, Earl of Glasgow, Lord Yester, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Provost of Edinburgh	Montrose elected preases. Petition from Skeen read. James Lamond to be delivered and sent away as a recruit. 21 Feb. appointed as the day that Alexander Barclay, intruder at Auchterlees, had to compeer before PC to answer the charges brought against him by the lord advocate and the agent of the Kirk. A ‘formula’ was sworn and signed by Patrick Butter of Gormock, a suspected ‘papist’, in front of earl of Glasgow and the lord justice clerk. Petition from the commissioners of supply in Aberdeen asking for JPs to be named in that shire. Read and remitted to a committee to prepare a commission. Petition from the presbyteries in Turriff and Fordyce complaining of issues in Auctherless. Read and remitted to ‘the Committie anent Church Grievances’. Petition from the procurator fiscal of the Admiralty asking for payment of expenses for the trial of Captain Green and the Worcester crew. Read and appointed to be read by the African company. Petition from Mr John Maters asking to be allowed to preach at a meeting house in St Andrews since he was qualified to the government. Delayed for a fortnight but Goodtrees to see it in the meantime. Governor of Edinburgh Castle ordered to fire guns, ring bells and light illuminations for the celebration of queen’s birthday. Earl of Cromarty was given permission to set at liberty the crew of a privateer which had recently run aground in his bounds.	Wednesday, 12pm
GD124/10/449/12	12 Feb. 1706	Marquis of Montrose, Earl of Buchan, Earl of Forfar, Earl of Roseberry, Earl of Glasgow, Lord Yester, Lord Ross, Lord Register, Lord Justice Clerk, Lord Lord Arnieston, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Lord Provost of Edinburgh	Montrose elected praeses. Libel at the instance of the agent of the Kirk against Gideon Guthrie, intruder at Fetterosso. Defender absent, consideration granted. Memorial from Lord Advocate. Petition asking for delivery of the keys of the Kirk of Fetterosso. Petition from someone to do with his tenants. Read and granted. Petition from the magistrates of Irvine asking for a voluntary contribution for repairing their harbour. Read and granted. Commission naming JPs in Aberdeenshire. Read and granted. Charles May’s petition read and remitted to committee.	Tuesday at 5pm
GD124/10/449/13	15 Feb. 1706	Marquis of Montrose, Earl of Buchan, Earl of Forfar, Earl of Cromarty, Earl of Glasgow, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Arnieston, Lord Halcraig, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Provost of Edinburgh	Earl of Glasgow elected praeses. HM letter to PC adjourning parliament. Read, signed, and appointed; ordered to be published and printed. Second diligence for Francis Bell. Witnesses compeered; committee named to examine them. Petition from Lord Advocate to do with complaints from Atholl about house breaking in Perth and Stirling. Read and clerks of council appointed to prepare process and bring people before PC. Petition of John Abercrombie and PC prorogued his appearance before them until 2^nd Tuesday of March. Petition from Archibald Nisbet. Read and refused.	next Tuesday, 3pm.
GD124/10/449/14	21 Feb. 1706	Marquis of Montrose, Earl of Crawford, Earl of Sutherland, Earl of Buchan, Earl of Lauderdale, Earl of Forfar, Earl of Ruglen, Earl of Cromarty, Earl of Glasgow, Lord President of Session, Lord Register, Lord Advocate, Justice Clerk, Lord Arnieston, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Provost of Edinburgh	Sutherland elected praeses. Committee appointed to take the oaths of Minto (Gilbert Elliot) former clerk to PC and his under clerk. New under clerk, David Home, qualified himself with oath of allegiance, assurance, etc. and was admitted to position. Sailing orders for 3 Scots frigates. To be equipped for 1 April. Cromarty reported that ‘25 Ostenders’ had been seized and taken prisoner. PC ordered them to be set at liberty and given free passage. Petition from Mr John Weathers, Episcopalian minister, regarding a meeting house at St Andrews, with answers from the lord advocate. Petition refused. Report of the committee anent church grievances. Read, approved and a proclamation to be prepared. Commission for trying house breakers in Perth and Stirling; read and approved. Libel at the instance of the agent of the kirk against Barclay an intruder at Auchterlees. Certification granted. Petition from Archibald Nisbet to do with bringing ‘Gairsey’ and some of his tenantry before PC. Read and petitioner allowed to raise a new libel against Gairsy and 10 tenants. Petition William Carruthers and answers for Patrick Crawford and report of lord advocate on the affair. Read and Crawford’s bonds to be delivered.	Next Tuesday, 4pm
GD124/10/449/15	7 Mar. 1706	Earl of Sutherland, Earl of Haddington, Earl of Dunmore, Earl of Cromarty, Lord President of Session, Lord Register, Lord Advocate, Lord Justice Clerk, Lord Anstruther, Mr Francis Montgomery, Provost of Edinburgh	Sutherland elected praeses. ‘Exoneration to My Lord Minto formerly Clerk of Councill of his trust in the privie Councill Chamber’. Read, voted, approved, and ordered to be recorded. Exoneration to Andrew Wauch, the former principal servitor to the two clerks of PC. Instructions and sailing orders to 3 captains. Soldiers to be put on board their ships. Read, voted, approved, and ordered to be recorded. Libel John Corbet, bailie of Dumfries and Cornet George Dunbar against John Irvine, deacon convener of Dumfries, and others. Delayed until June.	19 March, 10am
GD124/10/449/16	12 Mar. 1706	Earl of Crawford, Earl of Sutherland, Earl of Buchan, Earl of Leven, Earl of Roseberry, Lord President of Session, Lord Register, Lord Advocate, Lord Justice Clerk, Mr Francis Montgomery, Laird of Ormistoun younger	Crawford elected preases. Letter from HM anent levying seamen. Lord advocate to prepare a proclamation. PC confined Mr Abercrombie, a suspected priest, to his chamber in Edinburgh and ordered him to find sufficient caution. Commission for an officer on ship Royal William. Commission for an officer on the ship Royal Mary. Commissions for ships’ master on the Royal William. Captains, lieutenants, and masters of the 3 Scots frigates to qualify themselves to her majesty. Petition Theodore Morrisone of Bogie for vacant stipends to be used for pious uses. Granted. Petition for Mr Guthrie, intruder, to be dispossessed of the kirk. Granted. Petition for a card manufactory in Dundee remitted to the card manufactory operators in Leith. Petition from Robert Menteith for funds from the treasury purse to complete a book he was writing. Granted. Petition from John Blair about a bond for good favour. Granted. PC appointed a committee for public assurances to sit during their ‘vaccance’. PC discharged the lords of justiciary from going on circuits this year.	April next (their vacation was upcoming, hence item no. 13)
GD124/10/449/17	20 Mar. 1706	Marquis of Montrose, Earl of Crawford, Earl of Buchan, Earl of Weemys, Earl of Forfar, Earl of Cromarty, Earl of Stair, Earl of Roseberry, Earl of Glasgow, Lord Yester, Lord Primrose, Lord Polwarth, Lord Torpichen, Lord Elibank, Lord President of Session, Lord Register, Lord Advocate, Lord Justice Clerk, Lord Arnieston, Lord Minto, Mr Francis Montgomery, Laird of Prestongrange, Laird of Ormiestoun younger, Lt. Col. Erskine, Provost of Edinburgh.	Crawford elected praeses. Commission for Marquis of Montrose to be the President of Council. Letter from queen adding 8 people to the PC: Earl of Wemyss, Viscount Primrose, Lord Polwarth, Lord Torpichen, Lord Eliebank, Lord Minto, Laird of Prestongrange, and Lt. Col. Erskine. Commission under great seal for Earl of Weemys to be Lord High Admiral of Scotland. Read and ordered to be recorded. Goodtrees reminded him that this gave him all powers over the admiralty in Scotland and that the officers of frigates depended on his diligence in office. He added that Weemys should always be careful to exercise his trust dutifully and remember his duty to the PC. This was a declaration ‘which his Lordship desyred might be marked in the Minuts’. Commission under the great seal nominating people to be commissioners for the Union. Act and proclamation against intruders in churches. Warrant granted for settling the Ostend prisoners in Caithness to be set at liberty. Act for voluntary levy of seamen. Read, voted, and approved. Libel at the instance of the agent of the Kirk, John Blair, against Mr John McWilliam and others. Certification granted. Petition from several people asking to be made commissioners of supply in Aberdeenshire. Read and granted. Petition to do with a charter chest of the now deceased earl of Kincardine. Remitted to either Minto or Arnieston to open the chest. Petition William Carruthers against Patrick Crauford; read and refused. Rearranging of committee for public assurances: five people added.	?
	21 Mar. 1706¹	As above	Commission for earl of Leven to be commander in chief. Lord Carmichael made councillor and took the oaths.	?
GD124/10/449/18	3 Apr. 1706	Earl of Sutherland, Buchan, Earl of Lauderdale, Earl of Forfar, Earl of Dunmore, Earl of Ruglen, Lord Yester, Lord Elibank, Lord Advocate, Laird of Prestongrange, Lt Col Erskine	Sutherland elected praeses. Commission to earl of Glasgow to represent HM at next GA. Petition from Richard Randell, a stationer in Newcastle, to put lord advocate’s warrant for apprehending Anthony Spencely in execution. He had stolen money from them, taken bills out to get money from debtors who did not actually owe him anything, and was hiding out in the abbey of Holyroodhouse. Refused. Petition from William Bissett, a prisoner suspected of poisoning, to be banished to the colonies in servitude. PC granted him allowance to go to Holland as a recruit. Petition from Elizabeth Huntar, a prisoner suspected of incest, craving commutation or reprieve. Reprieve granted until 3rd Tuesday of June.	?
GD124/10/449/19	17 Apr. 1706	Earl of Buchan, Earl of Lauderdale, Earl of Forfar, Earl of Glasgow, Viscount Primrose, Lord Polwarth, Lord Advocate, Lord Arnieston, Sir Robert Sinclair, Laird of Prestongrange, Lt Col Erskine	Earl of Glasgow elected praeses. Robert Sinclair of Stevenson added to PC. HM letter about raising a regiment of troops. Read and a warrant ordered. Libel at the instance of Viscount Primrose. Delayed till 1 June. Magistrates to shut up the meeting house in Elgin. Same order as above but for a meeting house in Keith. Petition from Thomas Heagie, mariner & sometime slave in Algiers. Report of a committee also. Presbytery of Kirkcaldy appointed to pay to the petitioner 166 ‘rex dollars’ to be used for his ransom from what remained in their funds from a voluntary collection to that end. Committee appointed to investigate Robert Herries, a witness in the case between the bailie and convener of Dumfries, since he was going abroad. PC heard that Halcraig had in his possession, as a prisoner, Mrs Jean Wallace. She was ordered to stay in the minister of Carluke’s house until further notice. Proclamation for a solemn thanksgiving with an act of GA explaining why – to be recorded, printed and published.	4 June
GD124/10/449/20	7 May 1706	Earl of Crawford, Earl of Buchan, Earl of Findlater, Earl of Forfar, Viscount Primrose, Lord Elibank, Lord Advocate, Lord Arnieston, Sir Robert Sinclair	Crawford elected praeses. Letter from queen for adjourning parliament to be recorded, printed and published. Petition from the commissioners of supply in Banff asking for JPs to be appointed. Committee appointed to make a commission to that end. Petition from John Calderwood, merchant in Stewarton, for vacant stipends there to be used for pious uses; read and granted. John Law allowed to go furth from Scotland to France after finding caution for his good behaviour. Lord advocate to prepare a proclamation for pressing men into service.	First Tuesday of June
GD124/10/449/21	6 Jun. 1706	Earl of Buchan, Earl of Lauderdale, Earl of Findlater, Earl of Forfar, Earl of Dunmore, Earl of Hyndford, Earl of Cromarty, Earl of Hopetoun, Viscount Primrose, Lord Torcpichen, Lord Elibank, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Torpichen, Lord Minto, Sir Robert Sinclair, Laird of Ormistoun	Earl of Buchan elected praeses. Petition from John Blair, agent for the kirk, asking for a meeting house at St Ninians to be shut up. Recommended to the lord advocate to prosecute James Hunter, preacher, as he shall think fit. Application from John Calderwood (see above) for some vacant stipend money; read, appointed to be seen and answered. PC ordered the lord advocate to prepare (for tomorrow at 12pm) a proclamation for a national fast and thanksgiving for HM and her allies. Letter from the PC to the Secretary of State anent convoys for ships. Buchan to sign this and send it off. Libel at the instance of John Blair against Mr John Skinner, preacher at Brechin. Parties compeered, libel remitted to a committee. [Inside this folded up entry is a letter, entitled: ‘Letter The Lords of Privie Counsell To The Lord Secretary in waiting 1706′: this is the letter mentioned in no. 5 above.]	Tomorrow at 12pm
GD124/10/449/22	4/9 Jun. 1706	Earl of Buchan, Earl of Findlater, Earl of Forfar, Earl of Cromarty, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Tillicoultry, Lord Pollock, Lord Minto, Laird of Ormistoun younger	Buchan elected praeses. Lord Rankeillor and Lord Tillicoultry qualified themselves as Privy Councillors. Libel against Col Ogilvie, delayed till next meeting. Libel Craik of Arbigland against John Murray, brother of Barnehoury, and another libel. Parties compeered. Both libels admitted to probation and a committee named to deal with it. Libel at the instance of the deacon convenor of Dumfries against a bailie there. Admitted to probation and committee named. Commission naming JPs of the shire of Banff. Petition from lord and lady Kinnaird to cite the Earl of Aboyne to do with some aliment. Read and granted. Sir Robert Forbes reported to the board that he had been asked to get consent from PC to send 2 Scots frigates to Gothenburg in June to convoy with other ships. HM permission was requested and lord advocate to see to this and enquire if 2 English and 1 Scottish ship could attend to this convoy.	Thursday next, 3pm
GD124/10/449/23	13 Jun. 1706	Marquis of Montrose, Earl of Buchan, Earl of Glencairn, Earl of Balcarres, Earl of Forfar, Earl of Dunmore, Earl of Ruglen, Earl of Cromarty, Lord Haddo, Lord Elibank, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Minto	Montrose as president was to speak with Leven (commander of HM forces) in order to send a group of forces to suppress ‘a gange of vagabonds’ in Roxburghshire. Libel against David Ogilvie proven.	Next Tuesday, 3pm
GD124/10/449/24	20 Jun. 1706	Marquis of Montrose, Earl of Buchan, Earl of Glencairn, Earl of Haddington, Earl of Forfar, Earl of Ruglen, Lord Haddo, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Pollock, Lord Minto, Laird of Ormistoun younger	Second diligence in the case of the deacon convenor of Dumfries. Committee to examine witnesses. Petition from the friends of the family of Seaforth asking the PC to take some effectual course for bringing in the earl of Seaforth from abroad so he could be educated in the Protestant religion. Read and remitted to a committee. PC recommended to lord advocate to write to the sheriff of Teviotdale to give him directions on how to prosecute the ‘sorners lately apprehended’ by the sheriff there.	Tuesday, 4pm
GD124/10/449/25	18 Jun. 1706	Marquis of Montrose, Earl of Buchan, Earl of Forfar, Earl of Dunmore, Earl of Ruglen, Earl of Cromarty, Lord Haddo, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Tillicoultry, Lord Minto	Process between Craik and Murray. Found that the latter had ‘disturbed’ the former’s lands. Murray to find caution under penalty and for Craik to be paid for his troubles. Instructions for HM forces which were sent to Teviotdale ‘for suppressing vagabonds’. Read, approved, and signed. Petition from ‘poor Elizabeth Hunter’ asking for her sentence of death to be commuted to banishment. Read and granted.	Thursday, 4pm
GD124/10/449/26	25 Jun. 1706	Marquis of Montrose, Earl of Glencairn, Earl of Lauderdale, Earl of Findlater, Earl of Forfar, Lord Haddo, Lord Register, Lord Advocate, Lord Pollock, Lord Minto	Petition from John Calderwood anent some vacant stipends. Petition ordered to be laid aside and wait for the advice of the lords of session to determine the right of the stipend of the parish of Stewarton. Committee named to deal with process of laird of Ashintullie against Rattray. Committee anent the earl of Seaforth to meet the next day at 5pm in Goodtrees’ lodging.	Next Thursday, 4pm
GD124/10/449/27	27 Jun. 1706	Marquis of Montrose, Earl of Buchan, Earl of Forfar, Earl of Cromarty, Lord Haddo, Lord Register, Lord Advocate, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Minto	Libel the Countess of Aboyne, now styled lady Kinnaird, against the earl of Aboyne and his tutor. Aliment discerned for the earl and his 3 sisters. Report of a committee anent earl of Seaforth. Lords of Session to get involved and decide on the matter so as the earl could be returned home. Petition Adam Houston and other witnesses from Lady Barnehoury against Arbigland. Asked for expenses. Read and granted	Next Tuesday, 4pm
GD124/10/449/28	4 Jul. 1706	Marquis of Montrose, Earl of Buchan, Earl of Glencairn, Earl of Northesk, Earl of Balcarres, Earl of Forfar, Earl of Dunmore, Earl of Ruglen, Earl of Cromarty, Lord Haddo, Lord Elibank, Lord Register, Lord Advocate, Lord Anstruther, Lord Rankeillor, Lord Tillicoultry, Lord Minto	Montrose acquainted the PC with the letter from Loudoun (secretary of state) which confirmed that the Scottish ships would have a convoy from Gothenburg to the Scottish coast. Petition from Colonel Erskine; read and granted. Libel Cochrane of Ochiltree against Col Erskine. Admitted to probation and a committee named. Bill of suspension of Mcquirter of Gariehorne against the lady Ardmillan younger. To be covered in August by PC.	Next Thursday, 4pm
GD124/10/449/29	7 Jul. 1706	Marquis of Montrose, Earl of Buchan, Earl of Northesk, Earl of Forfar, Earl of Dunmore, Earl of Cromarty, Lord Haddo, Lord Elibank, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Minto	Letter from Captain of the ship Dumbarton Castle acquainting the board that he had brought in a French privateer of 70 men as well as an Irish ship. Ordered to transport them to Glasgow and await further orders. PC allowed the Captain of the Royal William to take on board his ship the old guns which had belonged to the Bass garrison ‘for ballist’. Temporary suspension of sentence of death against Lachlan Rattray. Lord Advocate told the board of some female ‘Egiptians’ who were apprehended in Teviotdale and sentenced to banishment. PC ordered them to be imprisoned in a correction house until a proper time for their transportation to the plantations. Libel Lt Col Erskine against Cochrane of Ochiltree. Admitted to probation and a committee named. Petition from William Watt for sole privilege of erecting and using an engine for recreation. Read and granted. Bill of suspension David Craigie younger of Gairsey against Nisbet of Carplune. Read and appointed to be seen and answered. Execution sisted in mean time.	Next Tuesday, 4pm
GD124/10/449/30	18 Jul. 1706	Marquis of Montrose, Earl of Buchan, Earl of Lauderdale, Earl of Northesk, Earl of Forfar, Earl of Dunmore, Earl of Cromarty, Lord Haddo, Lord Torpichen, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Tillicoultry, Lord Minto, Laird of Cavers Douglas	Libel Thomas Ross officer to Sauchie against David Finlason merchant in Stirling. Libel relevant and proven. Finlason fined £200 and the messenger and notary public who were also accused were fined £100 each. All imprisoned until fine was paid. Declared that PC would hear and decide upon the process between Cochrane of Ochiltree and Col Erskine in 8 days time. Petition John Irvine, deacon convener in Dumfries, with answers for one of the town’s bailies. PC to advise process on 30 July.	Next Tuesday, 4pm
GD124/10/449/31	23 Jul. 1706	Marquis of Montrose, Earl of Buchan, Earl of Findlater, Earl of Northesk, Earl of Forfar, Earl of Dunmore, Lord Register, Lord Advocate, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Cessnock, Lord Minto	Letter from Queen adding Lord Cessnock to PC. Read and he took the relevant oaths in front of President and took his seat. Libel Forbes of Tolquhon against Laird and Lady Geight. Parties compeered, libel admitted to probation and committee appointed to examine witness and agree with parties. Petition from the magistrates of Glasgow regarding an Irish ship which had been seized by Capt. Campbell before the case would be decided by the High Court of Admiralty. Read and granted. Petition for recruiting officers for Brigadier Hamilton’s regiment. Read and granted. Petition Mercer of Clavage with answers for Drummond of Innermay. Read and remitted to committee. Petition for David Finlason, Cunningham (messenger) and Paton (notary), asking to be liberated from the tolbooth in Edinburgh. Read and granted for the former two, who had paid their fines, but Paton’s was ‘to be seen and Answered’. See no. 1 on 18 July above. Petition Bessie Muckiesone. Read and sentence of death commuted to banishment.	Next Thursday, 4pm
GD124/10/449/32	25 Jul. 1706	Marquis of Montrose, Earl of Buchan, Earl of Findlater, Earl of Northesk, Earl of Forfar, Earl of Dunmore, Earl of Cromarty, Lord Haddo, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Minto, Lord Cessnock, Laird of Cavers Douglas	Libel at instance of Justice Meldrum against James Gordon messenger and his son. Both parties compeered. Admitted to probation; committee appointed to examine witnesses. PC dealt with process between Cochrane of Ochiltree and Col Erksine (and others). PC remitted ‘poynt of Right’ to the Session . Received determination of the riot between Ochiltree and Erskine till point of right is determined. But PC found the principal riot relevant and proven against 10 colliers and fined them 1,000 merks to be paid to Ochiltree. Appointed the colliers to be imprisoned in Edinburgh tolbooth until they paid the fines and Colonel Erskine was to present them by next Tuesday.	Tuesday, 4pm
GD124/10/449/33	30 Jul. 1706	Marquis of Montrose, Earl of Buchan, Earl of Eglington, Earl of Lauderdale, Earl of Findlater, Earl of Northesk, Earl of Forfar, Earl of Cromarty, Lord Haddo, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Cessnock, Lord Minto, Laird of Cavers Douglas, Lt Col Erskine	Earl Buchan informed the board of some ‘objections’ in witness testimony from Tolquhon case. Council allowed a committee to see witnesses cum nota and reserved objections before deciding case. Petition from Anthonie Spencely asking to be liberated from Edinburgh tolbooth ‘notwithstanding the Lord Advocats warrand’. Read and granted. Letter from Queen regarding rearrangements of army regiments of foot. Read and warrant ordered to be sent to commander in chief. Libel between constable and bailie of Brechin. Both parties compeered. Libel found relevant and proven. Defender fined £200, deprived of magistracy, and PC did not allow him to be elected the next year. Petition for the Lady Kilravock asking to allow her to uplift her son’s portion of his ransom for releasing him from slavery in Turkey. Read and recommended to lord advocate to write to the laird of Kilravock and help him ‘advance the Ransom’. Lt Col Erskine presented his 10 colliers in the terms of PC order and they were ordered to be imprisoned until next Saturday and their fines suspended until further orders. Petition Francis Paton, notary in Stirling, asking to be relieved of his fine and liberated. Read and granted.	Next Thursday, 10am
GD124/10/449/34	6 Aug. 1706	Marquis of Montrose, Earl of Buchan, Earl of Northesk, Earl of Forfar, Earl of Cromarty, Lord Archibald Campbell, Lord Elibank, Lord Advocate, Lord Justice Clerk, Lord Arnieston, Lord Anstruther, Lord Cessnock, Laird of Ormistoun younger	PC approved report of the committee regarding Lady Birkhill allowing her and her children 300 merks yearly aliment with possession of her lands during Lady Newton’s lifetime. Petition Col Erskine’s colliers with another petition from Cochrane of Ochiltree read and the colliers’ bill of suspension appointed to be passed onto the caution officers. PC reprieved Nicolas Lamb to second Tuesday of November. Lord advocate to grant passes to Captain and two lieutenatns of the French privateer captured by Capt. Campbell to return to their own country. Petition Thomas Wallace of Craigie with answers from Mrs Jean Wallace. Read and Wallace’s sequestration was revoked, and she was allowed to stay with Lady Hartwood at Glasgow. Petition James Murray asking to be liberated from Edinburgh tolbooth. Read and granted. PC appoints a committee to meet with the magistrates of Edinburgh and the keeper of the tolbooth ‘to Adjust matters betwixt them anent the house Dues of Criminall prisoners’.	22 August, 10am
GD124/10/449/35	18 Aug. 1706	Marquis of Montrose, Earl of Buchan, Earl of Eglington, Earl of Lauderdale, Earl of Findlater, Earl of Northesk, Earl of Forfar, Earl of Dunmore, Cromarty, Lord Haddo, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Sir Robert Sinclair, Lt Col Erskine	Libel for aliment between Janet Dick (relict of Mungo Carnegie, advocate) and her children against Lady Newtoun. Parties compeered; remitted to a committee. Libel of reconvention Lady Gight against Laird of Tolquhon. Parties compeered; remitted to committee. Libel former provost of Brechin and others against a bailie. Parties compeered; defender assoilzied. Petition from Cochrane of Ochiltree asking the council to reconsider the former interlocutor anent the colliers, so that they continue in prison until liberated by bill of suspension. Petition John Murray asking for liberty from tolbooth. Read and granted.	Tuesday, 10am
GD124/10/449/36	7 Apr. 1707	Earl of Buchan, Earl of Findlater, Earl of Forfar, Earl of Hyndford, Lord President of Session, Lord Justice Clerk, Lord Arnieston, Lord Pollock, Mr Francis Montgomery, Provost of Edinburgh	Earl of Buchan elected praeses. Commission for earl of Glasgow to represent Queen at and call GA. Delivered by Buchan to Glasgow by way of Francis Montgomery, in front of whom Glasgow knelt in receipt of this honour. PC banishee one man and three women who were convicted in the Regality court of Dalkeith for sorning. Petition from Toshach (taoiseach?) of Monivaird asking for a process to be delayed. Read and appointed to be answered. PC discharged the Bank of Scotland from receiving English minted coins until 17 April. Governor and directors of the Bank were ordered to give in to the clerks of PC an account of what English minted money they have, between this time and the next day at midday. Tacksmen of the excise to give orders to officers of customs houses on the border to take care with any imports of English money between then and the 17^th. They were to report this and specific quantities to clerks of PC. Petition Margaret Semple asking for aliment from Lord Semple. Read and appointed to be admitted.	16 April, 10am
GD124/10/449/37	16 Apr. 1707	Earl of Buchan, Earl of Forfar, Lord Lord Arnieston, Lord Anstruther, Lord Pollock, Lord Minto, Mr Francis Montgomery, Laird of Cavers Douglas, Provost of Edinburgh	Earl of Buchan elected praeses. Report from governors of Bank regarding quantity of English minted coin. It extended to £7, 800 sterling. In the absence of the Justice Clerk, the provost of Edinburgh was appointed to attend the in taking of English minted money. PC granted warrant for the great seal to be added to the commission for the earl of Glasgow to be bailie of the Regality of Glasgow. Petition Sir James Livingston of Glentirran asking that John Campbell merchant in Edinburgh ‘may have the Custodie of his person till his Tullory Dalivie be Expead’. Read and granted.	Monday 21 April, 10am
GD124/10/449/38	18 Apr. 1707	Earl of Crawford, Earl of Forfar, Earl of Roseberry, Lord President of Session, Lord Advocate, Lord Pollock, Lord Tillicoultry, Lord Minto, Mr Francis Montgomery, Sir Robert Sinclair, Laird of Cavers Douglas, Provost of Edinburgh	President of Session elected praeses. Report from lord president of session and Edinburgh bailie regarding the English money from the Bank of Scotland Report from Samuel McLelland (provost of Edinburgh) and one of the bailies regarding English money kept the burgh council chamber. This amounted to 28319 crowns. Report of Sir Robert Sinclair of Stevenson and John Cleghorn (Edinburgh bailie) regarding English minted money from the Laigh town council house, which amounted to 27960 crowns. PC nominated a committee for considering the best way of discovering the ‘frauds’ that had been committed by the importation of English minted money since the proclamation of 28 March. Also to consider the best method of preventing the importation of foreign coins.	?
	21 April²	Sederunt ut supra	Letter from queen adjourning parliament until the 29^th. Read and recorded. A proclamation in those terms to be prepared, to published and printed. Report of the magistrates of Aberdeen regarding English minted money. Report from the magistrates of Glasgow about the English minted money there. Petition from the commissioners of supply in Midlothian asking for the continuance of a ‘pettie custome’ on loaded carts and horses for uplifting the highways and bridges within the shire. Petition from Archibald Brown and John Laing asking that the process at the instance of [?] Turbull against them could be delayed until 1 June. Read and granted.	28 April, 10am
GD124/10/449/39³	26 May 1707	Marquis of Lothian, Earl of Lauderdale, Earl of Findlater, Earl of Northesk, Earl of Forfar, Earl of Dunmore, Earl of Cromarty, Earl of Glasgow, Lord Torpichen, Lord Elibank, Lord Advocate, Lord Arnieston, Mr Francis Montgomery, Sir Robert Sinclair, Provost of Edinburgh	Earl of Glasgow (Treasurer Depute) elected praeses. Commission under the great seal appointed by the treaty of union, in place of great seal of Scotland. Named councillors and requires them to swear the relevant oaths. Clerk tendered Glasgow’s oath and then he administered it for the rest of the councillors.	Tuesday 3 June, 4pm
GD124/10/449/40	19 Jun. 1707	Earl of Forfar, Earl of Glasgow, Lord Haddo, Lord President of Session, Lord Register, Lord Advocate, Lord Justice Clerk, Lord Arnieston, Lord Anstruther, Lord Pollock, Lord Tillicoultry, Lord Minto, Lord Forglen, Mr Francis Montgomery, Sir Robert Sinclair, Sir Thomas Burnet, Sir Robert Dickson	Earl of Glasgow elected praeses. Lord Haddo, Justice Clerk, Sir Thomas Burnet and Sir Robert Dickson qualified themselves as privy councillors and assumed their seats. Petition from Mr James Haddin brother of Laird of Lenrick, asking for warrant to cite the provost of old college St Andrews and a Mr Henry Rymer regarding ‘an undue election of a regent’. Read and appointed to be seen and answered. Petition from James Couper of Lochblair & other relations of Andrew Coupar younger of Lochblair. They asked for a proclamation for apprehending David Ogilvie of Clunie for murdering Andrew Coupar. Delayed until next council day so the lord advocate could take precognition of the murder and report before decision. Petition from Queensberry asking for the marquis of Annandale and his deputes to desist from ‘molesting’ Queensberry and his deputes from the possession of the jurisdiction of the stewatry of Kirkcudbright. Read and appointed to be seen and answered. Stempster and Monivaird plus their lawyers to be ready for their case in 8 days. PC recommended the treasury pay Capt. John Brown for his services in the Worcester affair.	Next Tuesday, 4pm
GD124/10/449/41	10 Jul. 1707	Lord Chancellor, Duke of Montrose, Earl of Weemys, Earl of Lauderdale, Earl of Leven, Earl of Balcarres, Earl of Forfar, Earl of Glasgow, Lord Register, Lord Advocate, Lord Justice Clerk, Lord Arnieston, Lord Anstruther, Lord Pollock, Lord Tillicoultry, Lord Cessnock, Lord Minto, Lord Forglen, Mr Francis Montgomery, Sir Thomas Burnet, Sir Robert Dickson, Cavers Douglas	Commission under great seal of Scotland for Montrose to be President of PC. Montrose received this honour kneeling, then qualified himself with the relevant oaths, then the Chancellor administered the oath de fideli. Earls of Weemys and Leven, and Lord Cessnock also qualified themselves as councillors. Commission to Queensberry to be Lord Privy Seal. Lord High Chancellor delivered commission to a kneeling Lord Register, in Queensberry’s absence. Commission to Mar to be joint secretary of state. Same form of procedure as above, since Mar was also absent. However, the MS notes that the allegiances and qualifications had been publicly sworn by Mar in presence of Queensberry at Windsor Castle. Committee appointed for seeing to the writ from the Scottish members of British Parliament. Appoints them to report next council day and to prepare a proclamation for spreading the laws of England against the export of wool. Commission to Loudoun to be joint secretary of state. Balcarres received this kneeling from the Chancellor in Loudoun’s absence. Libel William Gordon of Dalfollie and others against Capt. Walter Lockhart of Kirktoun. Admitted to probation; committee to examine witnesses. Libel Elizabeth Hunter, Lady Kirktoun, against Hary Hunter of Kirktoun, her husband. Defender absent; certification granted. Petition Toshiach of Monivaird and answers for Sinclair of Stanster. Decision to be made on first council day in November.	Next Thursday, 4pm
GD124/10/449/42	19 Sept. 1707 (am)	Lord Chancellor, Earl of Crawford, Earl of Dalhousie, Earl of Lauderdale, Earl of Findlater, Earl of Leven, Earl of Northesk, Earl of Forfar, Earl of Kintore, Earl of Isla, Lord Forbes, Lord Minto, Mr Francis Montgomery, Provost of Edinburgh	Crawford qualified himself to her majesty as a privy councillor PC ratified and approved of the report of a committee for taking trial of and recovering ‘the ingots of the picket of the mint’. Councill appointed a committee to oversee essay pieces made of gold in the mint. PC thanked the essay master and the goldsmiths of Edinburgh and elsewhere that had attended the council committee.	Next Friday, 10am
	19 Sept. 1707 (pm)⁴	Sederunt ut supra	Council accepted proposals concerning Scots and foreign coin subscribed by directors of the Bank. Read, voted, approved, and signed; to be published and printed. PC granted warrant to and allowed the Bank to receive in sealed bags of money that were offered to them. This was to last until 15 October which was the last day for accepting foreign coin. Some specifics recorded here about sealing bags of money. A committee was to attend the bank on 16 October to see how much foreign money there was there.	Next Friday, 10am
GD124/10/449/43	6 Nov. 1707	Earl of Lauderdale, Lord Forbes, Lord President of Session, Lord Register, Lord Advocate, Lord Justice Clerk, Lord Arnieston, Lord Anstruther, Lord Pollock, Lord Cessnock, Lord Minto, Lord Forglen, Provost of Edinburgh	Lauderdale elected praeses. Petition John Strachan writer to the signet. He asked for a proclamation to apprehend people who had (last Monday) murdered his female servant, broke into his house and stolen £1,000 sterling. He promised a reward of 2,000 merks to be paid to any who discovered the perpetrators. Read and recommended to lord advocate and secretaries of state to take the case to the queen, for the PC to gain permission to circulate the proclamation. Lord advocate informed the board that there were several people in the tolbooth of Edinburgh imprisoned for burglary, but that there were no witnesses or evidence in the cases unless they confessed against each other. Goodtrees ordered to write to the secretaries of state for them to relay the issue (above) to the queen, so that the council might grant indemnities. Report of the committee for investigating foreign coin given in to and already in the Bank of Scotland. This amounted to £118, 700 sterling. PC recommended to commander in chief (Leven) to order those parts of forces ordered to be ‘put on board the Scots friggats before the Union by warrand of Councell’ to return to their regiments.	Thursday 13 November, 4pm
GD124/10/449/44	12 Jan. 1708	Earl of Northesk, Earl of Cromarty, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Anstruther, Lord Pollock, Lord Minto, Lord Forglen, Lord Grange	Northesk elected praeses. Proclamation for calling in all Scots (old and new) 10s, 20s, & 40s pieces and declaring them invalid as of 10 February. However, the PC allowed the Bank to receive in these coins until 25 Feb. Read, voted, approved; ordered to be published and printed. PC granted warrant to the directors of the Bank to receive in sealed bags of Scots pieces mentioned in the proclamation (above) and that they can only be handed in until 25 Jan. Committee appointed to go to the Bank on 26 Jan. to take account of this money. Report of the committee anent weights and measures. Read, voted, and approved. Standards to be delivered to those royal burghs who had the right to the custom. Petition from Capt. James Erskine in royal regiment of foot asking that two prisoners in the tolbooth (accused of burglary for which there was no evidence) could be given to him as recruits. He claimed that they had promised this to him. No record of PC decision.	?

1. This entry appears on the same document as the 20 March minutes and thus has the same reference.

2. Written on the same document as 18 April minutes. Therefore, this has the same reference.

3. The same minutes appear in NRS, GD124/10/465.

4. This afternoon council session is recorded on the same document as the previous (morning) session and therefore has the same reference.

NRS, GD26/7/128 – Papers of the Leslie family, Earls of Leven and Melville.

Posted on May 10, 2024 by Philip Ward

NRS, GD26/7/128 – Papers of the Leslie family, Earls of Leven and Melville.

Warrants of the Privy Council, 1708¹ (76 items including some duplicates)

‘Warrants for apprehending Persons in Scotland suspected of High Treason, 1707 addressed to David Earl of Leven Commander in Chief’.²

No. (as it appears in bundle)	Date (as in MS)	Accused	Sent from	Signatories
1	1/4/1708	Brown of Bishopton	St James’s	Pembroke, Queensberry, Montrose, Derby, Cholmondeley, Boyle, Vernon, Mar, Seafield, Loudoun, Erle
2	29/3/1708	Brown of Bishopton	St James’s	Pembroke, Queensberry, Montrose, Derby, Cholmondeley, Boyle, Vernon, Mar, Seafield, Loudoun
3	3/3/1707	Lord Belhaven	Kensington	Pembroke, Godolphin, Marlborough, Devonshire, Sunderland, Somerset, Montrose, Loudoun, Seafield
4	3/3/1707	Lord Belhaven	Kensington	Double of above
5	30/3/1708	Lord Belhaven	St James’s	Pembroke, Somerset, Queensberry, Montrose, Sunderland, Mar, Seafield, Loudoun
6	29/3/1708	Lord Balmerino	St James’s	Newcastle (EPC Clerk), Devonshire, Somerset, Kent, Derby, Loudoun, Montrose, Sunderland, Mar, Cholmondeley, Seafield, Townshend
7	30/3/1708	Lt. Col. Balfour	St James’s	Pembroke, Newcastle, Somerset, Queensberry, Montrose, Sunderland, Mar, Seafield, Loudoun
8	8/3/1707	Lt. Col. Balfour	Kensington	Pembroke, Godolphin, Somerset, Devonshire, Sunderland, Montrose, Marlborough, Loudoun, Seafield
9	8/3/1707	Lt. Co. Balfour	Kensington	Double of above
10	8/3/1707	William Bruce of Kinross	Kensington	Pembroke, Godolphin, Somerset, Sunderland Montrose, Marlborough, Seafield, Devonshire, Loudoun.
11	8/3/1707	William Bruce of Kinross	Kensington	Double of the above
12	8/3/1707	Cameron of Lochiel	?	Godolphin, Pembroke, Cowper, Marlborough, Devonshire, Montrose, Mar, Sunderland, Loudoun, Seafield, Boyle
13	8/3/1707	Cameron of Lochiel	?	Double of the above
14	21/3/1708	Cameron of Lochiel younger	St James’s	Pembroke, Queensberry, Montrose, Derby, Mar, Seafield, Loudoun, Boyle, Vernon
15	30/3/1708	Lord Drummond	St James’s	Pembroke, Newcastle, Somerset, Queensberry, Montrose, Sunderland, Mar, Seafield, Loudoun
16	8/3/1707	Lord Drummond	Kensington	Marlborough, Godolphin, Cowper, Pembroke, Devonshire, Montrose, Mar, Sunderland, Boyle, Loudoun, Seafield
17	8/3/1707	Lord Drummond	Kensington	Double of the above
18	30/3/1708	Former bishop of Edinburgh	St James’s	Pembroke, Newcastle, Somerset, Queensberry, Montrose, Sunderland, Mar, Seafield, Loudoun
19	29/3/1708	Former bishop of Edinburgh	St James’s	Newcastle, Somerset, Devonshire, Townshend, Kent, Seafield, Sunderland, Derby, Montrose, Mar, Loudoun
20	30/3/1708	Edmonston of Newtoun	St James’s	Pembroke, Somerset, Devonshire, Montrose, Mar, Sunderland, Seafield, Loudoun
21	29/3/1708	Charles Fleming (Earl of Wigton’s brother)	St James’s	Pembroke, Queensberry, Montrose, Mar, Loudoun, Derby, Cholmondeley, Seafield, Boyle, Vernon
22	1/4/1708	Charles Fleming	?	Pembroke, Queensberry, Montrose, Derby, Mar, Seafield, Cholmondeley, Loudoun, Boyle, Vernon
23	29/3/1708	Andrew Fletcher of Saltoun	St James’s	Devonshire, Somerset, Kent, Derby, Montrose, Cholmondeley, Seafield, Sunderland, Mar, Loudoun, Townshend
24	8/3/1707	Fotheringham of Pourie	Kensington	Pembroke, Godolphin, Somerset, Marlborough, Sunderland, Montrose, Devonshire, Loudoun, Seafield
25	30/3/1708	Fotheringham of Pourie	St James’s	Pembroke, Somerset, Queensberry, Montrose, Mar, Sunderland, Seafield, Loudoun
26	30/3/1708	Gordon of Buckie	St James’s	Pembroke, Newcastle, Somerset, Queensberry, Montrose, Sunderland, Mar, Loudoun Seafield
27	30/3/1708	Gordon of Buckie	St James’s	Double of the above
28	21/3/1708	Gordoun of Gallachie	St James’s	Pembroke, Queensberry, Montrose, Mar, Derby, Seafield, Loudoun, Boyle, Vernon
29	30/3/1708	Graham of Fintry	St James’s	Newcastle, Pembroke, Somerset, Queensberry, Montrose, Mar, Sunderland, Seafield, Loudoun
30	8/3/1707	Graham of Fintry	Kensington	Pembroke, Godolphin, Somerset, Marlborough, Sunderland, Montrose, Devonshire, Loudoun, Seafield
31	8/3/1707	Graham of Fintry	Kensington	Double of the above
32	8/3/1707	Lord Kenmure	Kensington	Devonshire, Pembroke, Marlborough, Godolphin, Cowper, Mar, Montrose, Sunderland, Loudoun, Seafield, Boyle
33	30/3/1708	Viscount of Kilsyth	St James’s	Pembroke, Somerset, Queensberry, Montrose, Sunderland, Mar, Seafield, Loudoun
34	8/3/1707	Viscount Kilsyth	Kensington	Cowper, Pembroke, Montrose, Devonshire, Marlborough, Mar, Loudoun, Sunderland, Godolphin, Boyle, Seafield
35	8/3/1707	Patrick Lyon of Auchterhouse	Kensington	Godolphin, Somerset, Pembroke, Sunderland, Montrose, Marlborough, Devonshire, Loudoun, Seafield
36	8/3/1707	Lyon of Auctherhouse	Kensington	Double of the above
37		Lyon of Auchterhouse	St James’s	Pembroke, Somerset, Queensberry, Montrose, Sunderland, Mar, Seafield, Loudoun
38	8/3/1707	Captain of Clanronnald	Kensington	Godolphin, Cowper, Devonshire, Pembroke, Marlborough, Montrose, Mar, Sunderland, Boyle, Loudoun, Seafield
39	8/3/1707	Captain of Clanranald	Kensington	Double of the above
40	30/3/1708	Captain of Clanranald	St James’s	?
41	30/3/1708	Macdonald of Keppoch (notes that it should be tried by the SPC or some other Scottish judicatory).	St James’s	Somerset, Pembroke, Queensberry, Montrose, Sunderland, Mar, Seafield, Loudoun
42	8/3/1707	MacDonald of Glencarie	Kensington	Marlborough, Cowper, Sunderland, Godolphin, Mar, Montrose, Devonshire, Loudoun, Boyle, Seafield, Pembroke
43	8/3/1707	Macdonald of Glencarie	Kensington	Double of the above
44	29/3/1708	Sir Donald MacDonald	?	Pembroke, Queensberry, Montrose, Mar, Loudoun, Derby, Cholmondeley, Boyle, Vernon, Seafield
45	25/4/1708	McGie of Palgoun	Kensington	Cowper, Pembroke, Newcastle, Queensberry, Sunderland, Mar, Boyle, Loudoun
46	8/3/1707	Sir John Maclean	Kensington	Cowper, Godolphin, Marlborough, Devonshire, Pembroke, Montrose, Mar, Sunderland, Loudoun, Boyle, Seafield
47	8/3/1707	Sir John Maclean	Kensington	Double of the above
48	30/3/1708	Sir John Maclean	?	Pembroke, Somerset, Queensberry, Montrose, Sunderland, Mar, Seafield, Loudoun
49	21/3/1707	James Malcolme	St James’s	Godolphin, Pembroke, Marlborough, Sunderland, Loudoun, Mar, Derby, Townshend
50	15/4/1708	Sir George Maxwell	Kensington	Sunderland, ‘Tho: Cantuarb’ [Tennison, archbishop of Canterbury?], Cowper, Mar, Newcastle, Loudoun, Queensberry, Seafield, Montrose
51	29/3/1708	More of Leckie	St James’s	Pembroke, Mar, Queensberry, Loudoun, Montrose, Derby, Seafield, Boyle, Vernon
52	29/3/1708	Lord James Murray	St James’s	Pembroke, Queensberry, Montrose, Mar, Loudoun, Derby, Seafield, Boyle, Vernon
53	1/4/1708	Lord James Murray	St James’s	Pembroke, Queensberry, Montrose, Mar, Seafield, Derby, Cholmondeley, Loudoun, Boyle, Vernon
54	29/3/1708	Murray of Polmais elder	St James’s	Pembroke, Queensberry, Montrose, Mar, Derby, Loudoun, Seafield, Boyle, Vernon
55	30/3/1708	Robert Murray, brother to Abercarnie	St James’s	Pembroke, Somerset, Queensberry, Montrose, Sunderland, Mar, Seafield, Loudoun
56	29/3/1708	Mushett of Calichatt	St James’s	Pembroke, Queensberry, Montrose, Mar, Derby, Loudoun, Seafield, Boyle, Vernon
57	8/3/1707	Lord Nairne	Kensington	Cowper, Godolphin, Pembroke, Marlborough, Mar, Montrose, Devonshire, Sunderland, Loudoun, Boyle, Seafield
58	8/3/1707	Lord Nairne	Kensignton	Double of the above
59	8/3/1707	Ogilvie of Pourie	Kensington	Pembroke, Godolphin, Somerset, Marlborough, Seafield, Montrose, Sunderland, Loudoun
60	25/4/1708	Walter Riddell of Glenriddell	Kensgington	Pembroke, Cowper, Newcastle, Queensberry, Sunderland, Mar, Loudoun, Boyle
61	8/3/1707	Robertsone of Strowan/Struan	Kensington	Cowper, Marlborough, Godolphin, Montrose, Devonshire, Sunderland, Pembroke, Boyle, Mar, Loudoun, Seafield
62	30/3/1708	Robertsone of Strowan	St James’s	Pembroke, Somerset, Queensberry, Montrose, Sunderland, Mar, Seafield, Loudoun
63	8/3/1707	Robertsone of Strowan	Kensington	Cowper, Marlborough, Godolphin, Montrose, Devonshire, Sunderland, Pembroke, Boyle, Mar, Loudoun, Seafield
64	8/3/1707	Lord Salton	Kensington	Pembroke, Godolphin, Somerset Marlborough, Devonshire, Sunderland, Montrose, Loudoun, Seafield
65				Double of the above
66	29/3/1708	Laird of Touch, Archibald Seton	St James’s	Pembroke, Queensberry, Mar, Montrose, Derby, Loudoun, Seafield, Boyle, Vernon
67	8/3/1707	Lord Sinclair	Kensington	Godolphin, Pembroke, Somerset, Devonshire, Sunderland, Montrose, Marlborough, Seafield, Loudoun
68	30/3/1708	Lord Sinclair	St James’s	Pembroke, Somerset, Queensberry, Montrose, Mar, Sunderland, Seafield, Loudoun
69	8/3/1707	Lord Sinclair	Kensington	Godolphin, Pembroke, Somerset, Devonshire, Sunderland, Montrose, Marlborough, Seafield, Loudoun
70	30/3/1708	Laird of Appin	St James’s	Pembroke, Somerset, Queensberry, Montrose, Mar, Sunderland, Loudoun, Seafield
71	29/3/1708	Stewart of Boigs	St James’s	Pembroke, Queensberry, Mar, Montrose, Loudoun, Derby, Seafield, Boyle, Vernon
72	30/3/1708	Mr Dougall Stewart	St James’s	Pembroke, Newcastle, Somerset, Queensberry, Montrose, Mar, Sunderland, Loudoun, Seafield
73	29/3/1708	Mr Dougall Stewart	St James’s	Kent, Montrose, Sunderland, Mar, Townshend, Loudoun, Cholmondeley
74	29/3/1708	Stewart of Stennachie elder	St James’s	Pembroke, Queensberry, Montrose, Mar, Derby, Loudoun, Seafield, Boyle, Vernon
75	8/3/1707	Lord (Viscount) Stormont	Kensington	Marlborough, Pembroke, Cowper, Godolphin, Devonshire, Mar, Montrose, Loudoun, Sunderland, Boyle, Seafield
76	8/3/1707	Viscount Kenmure	Kensington	Double of the above

Glossary of Persons

Name	Title	Office(s)
James Douglas	2^nd Duke of Queensberry
James Graham	4^th Marquis/1^st Duke of Montrose	Lord President of SPC
James Ogilvie	1^st Earl of Seafield	Secretary of State
John Erskine	22^nd/6^th Earl of Mar
Hugh Campbell	3^rd Earl of Loudoun
David Boyle	Lord Boyle and 1^st Earl of Glasgow	Lord Treasurer Depute
Robert Spencer	4^th Earl of Sunderland
Charles Seymour	6^th Duke of Somerset
Sidney Godolphin	1^st Earl of Godolphin
Henry Grey	12^th Earl/Marquis of Kent	Lord Chamberlain
John Holles	1^st Duke of Newcastle
Charles Townshend	2^nd Viscount Townshend
Thomas Tennison	Archbishop of Canterbury	Archbishop of Canterbury
Thomas Herbert	8^th Earl of Pembroke	Lord President of EPC
William Cavendish	1^st Duke of Devonshire
James Stanley	10^th Earl of Derby	Chancellor of the Duchy of Lancaster
John Churchill	1^st Duke of Marlborough
William Cowper	3^rd Bt. of Hertford Castle
George Cholmondeley	2^nd Earl of Cholmondeley	Lt General
James Vernon	2^nd of Westminster	Clerk to EPC
Thomas Erle	1^st of Charborough	Lt General

Attendance of above at the English Privy Council

No.	Name	SCOT/ ENG	3 March 1708	8 March 1708	21 March 1708	21 March 1708	29 March 1708	30 March 1708	1 April 1708	15 April 1708	25 April 1708
1	Queensberry	SCOT				X	X	X	X	X	X
2	Montrose	SCOT	X	X		X	X	X	X	X	X
3	Seafield	SCOT	X	X		X	X	X	X	X	X
4	Mar	SCOT		X	X	X	X	X	X	X	X
5	Loudoun	SCOT	X	X	X	X	X	X	X	X	X
6	Boyle	SCOT		X		X	X		X		X
7	Sunderland	ENG	X	X	X		X	X	X	X
8	Somerset	ENG	X	X			X	X
9	Godolphin	ENG	X	X	X			X
10	Kent	ENG					X
11	Newcastle	ENG					X	X		X
12	Townshend	ENG			X		X
13	Thomas Tennison, Archbishop of Canterbury (?)	ENG								X
14	Pembroke		X	X	X	X	X	X	X		X
15	Devonshire	ENG	X	X			X	X
16	Derby	ENG			X	X	X		X		X
17	Marlborough	ENG	X	X	X			X
18	Cowper	ENG		X						X
19	Cholmondley	ENG					X		X		X
20	Vernon	ENG				X	X		X		X
21	Thomas Erle	ENG	X

1. While in the NRS catalogue and within the MS it notes that this was 1707-8, all of these items were actually in 1708. The dates were recorded in the English style according to the Julian calendar, with the legal new year not occurring until 25 March. Scotland had adopted 1 January as the new year in 1600 but this was not adopted south of the Tweed until 1752.

2. All of those named in these warrants stood accused of ‘treason or treasonable practices’, which had been decided upon by a group of councillors at the English court and then sent on to David, earl of Leven (see glossary of persons below). Unclear why it was sent to him and not to the lord advocate, but this (I think) speaks to the diminution of the council’s powers and functions. In all the warrants, either Leven or the SPC are ordered to seize the accused and bring them to trial before the privy council or some other Scottish court. This seems to me very interesting, as it preceded the 1708 Treason Act, which of course stipulated that Scottish traitors and Jacobites could be tried by English courts. Was this a last-ditch effort to purge these ‘traitors’ through Scottish law courts?

NRS, PC12/1706-1708 (box 10) – Inventories of Miscellaneous Boxes

Posted on May 9, 2024 by Philip Ward

NRS, PC12/1706-1708 (box 10) – Inventories of Miscellaneous Boxes

1-20 August 1706 [41 items]
1	1/8/1706	Sederunt and minutes of council 1 August 1706 at the council chamber. Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Eglington, Earl of Lauderdale, Earl of Findlater, Earl of Northesk, Earl of Forfar, Earl of Dunmore, Earl of Cromarty, Lord Haddo, Lord Advocate, Lord Arniston, Lord Anstruther, Lord Rankeillor, Sir Robert Sinclair, Lieutenant Colonel Erskine. Libel at the instance of John Doge (Doig?) former provost of Brechin and others against Francis Molison presenet baillie in the burgh. Both parties compeered personally before the council and the pursuers process was insisted against the defender on the part of the libel relating to the imprisonment of John Reid and Andrew Law. Francis Molyson was assoilszied from all other points of the libel and declared ‘qyut therof’ and free in all time coming. Libel at the instance of Janet Dick relict of Mr Mungo Carnagie of Burkhill advocate and her children against Dame Isobell Hay relict of Sir John Lesly of Newtoun. Both parties compeered personally at the bar with their lawyers and the PC appointed a committee to hear and agree with the parties and to report back to the council at the next full meeting day. They were to meet at 10am the following day and 2 were to be a quorum. Libel at the instance of Dame Mary Gordon lady Gight and her husband against William Forbes of Tolquhon. Both parteies compeered at the bar and provided ‘judicial submissions’ to the council. A committee was named to hear parties ‘adjust differences’ between them and settle the matter. Committee was to make a decision on the matter and relay this back to the full council. It was to meet the next day at 3pm and 3 were to be a quorum. Petition from someone (unnamed) imprisoned in the tolbooth of Edinburgh. The PC ordered the keepers of the tolbooth to set the petitioner at liberty since they had found caution in the books of privy council with the consent of the laird of Arbigland under the penalty of £100 sterling. Petition from William Cochrane of Ochiltree. PC allowed the accused colliers (belonging to Lt Col Erskine) to see and answer the petition and likewise Ochiltree was allowed to see and answer the counter petition given in by the colliers. PC ordered the colliers to remain in prison until they could be liberated by suspension upon payment of the fine against them.
2	undated	Petition of Alexander Davidson of Gight for three of his tenants who were unable to attend the council in the process between the lady Gight and Forbes of Tolquhon.
3	undated	Printed ‘Representation To the Right Honourable, the Lords of Her Majesty’s Privy Council, anent the Objections made by the Lady Gight and her Procurators, against the Witneses adduced by Tolquhon, to prove his Lybel against her’.
4	undated	Petition and answers for Dame Mary Gordone, lady Gight and her husband against the laird of Tolquhon and his accomplices.
5	1/8/1706	Note of business 1 August.¹ Process to be advised the laird of Tolquhon against Lady Gight and others Process to be advised Bailie Corbet against the deacon convener of Dumfries Libel Janet Dick and her children against Lady Grange Libel reconvention Lady Gight against Tolquhon Libel Provost Dogg against Francis Molisone Petition the laird of Tolquhon Petition for William Cochrane of Ochiltree Petition for bailie Corbet Petition for John Murray
6	2/7/1706	Letters the laird of Tolquhon against Lady Gight and others. PC decision from 23^rd July signed by Montrose recorded overleaf.
7	17/7/1706	Letters of reconvention the lady Gight against the laird of Tolquhon.
8	undated	‘Answers For the Laird of Tolquhon To The Reconvention raised against him at the instance of the Lady Geight’.
9	31/7/1707	Instrument Sir David Forbes advocate against Mr James Graham and Mr William Black advocates for Lady Gight. He asked that the latter two immediately attend the PC committee for examining witnesses concerning the process. They refused so Forbes took up an instrument with the concourse of a notary public against them.
10	undated	Printed ‘Representation For Dam Mary Gordon Lady Gight, and her Husband, Against The Laird of Tolquhon, and Thomas Selvie his Serant, a Witness offered for his Master’.
11	1/8/1706	Interlocutor in the libel between Provost Doig and bailie Molysone. Molysone was assoilzied from the points of the libel. Decision signed by Montrose.
12	1/8/1706	Printed ‘Answers For Bailie Spence in Brechin, and the Town Council and Community of the said Burgh for their Interest To The Council Complaint at the Instance of Bailie Mollyson there, in name of himself and Mr James Arskine Brother to the Earl of Mar & c.’
13	undated	Printed ‘Information And Answers For Mr James Erskin Constable of Brechin and Francis Mollyson his Depute, Against James Spence Baillie of Brechin’.
14	18/7/1706	Letters John Doig against Francis Molisone.
15	1/8/1706	Printed ‘Information For John Doig late Provost of Brechin, James Grim late Deacon of the Weavers there, and others: Against Francis Mollyson present Bailliue of the said Burgh, in the Complaint against him before Her Majesties Privy Council, for wrongous Imprisonment, & c.’
16	undated	Printed ‘Answers For Francis Molyson first Bailie of Brechina nd Constable depute thereof, to the Lybell before the privie council, at the instance of John Doge late provost of that Burgh, John Read and Andrew Low Sclaters in Montross and James Grimm late deacon of the Weavers of Brechin’
17	undated	Call and list of parties and witnesses in the case between John Doge (or Doig) former provost of Brechin and others against Francis Mollyson bailie of Brechin.
18	undated	Printed petition of William Cochrane of Ochiltree. He complained against the council’s decision to have the colliers released from prison the following Saturday and their fine suspended and claims that this will simply encourage them rather than deter them from committing similar acts in the future. PC decision allowing the colliers to see and answer this petition as well as for Ochiltree to see and answer their petition tot eh PC is recorded overleaf and signed by Montrose on 1 August 1706.
19	1/8/1706	Petition of John Murray merchant in Dumfries regarding his fine in the case of Arbigland and the lands of Barnhowry. PC decision allowing him to be set at liberty from the tolbooth of Edinburgh signed by Montrose on 1 August is recorded overleaf.
20	2/8/1706	‘Suspension & charge to putt at liberty Thomsons & others against Cochrane of Ochiltrie’.
21	6/8/1706	Sederunt and minutes of council 6 August at the council chamber. Sederunt: Marquis of Montrose (P), Earl of Buchan, Earl of Northesk, Earl of Forfar, Earl of Cromarty, Lord Archibald Campbell, Lord Elibank, Lord Advocate, Lord Justice Clerk, Lord Arnieston, Lord Anstruther, Lord Cessnock, Laird of Ormiston younger. Committee report for the case of the aliment for Janet Dick relict Mr Mungo Carnegie of Birkhill and her children against Dame Isobell Hayrelict of Sir John Leslie of Newtoun. PC ordered Lady Newtoun to make payment of 300 merks of aliment to Dick at Candlemas next year and then £20 Scots each year from then on. Petition of James Thomson oversman and others of Colonel Erskine’s colliers and another petition from Ochiltree. The PC ordered the clerks to expedite the colliers’ suspension and have them released from their imprisonment upon them becoming cautioners for one another according to a bill of suspension.² Reprieve to Nicholas Lamb ‘ut in scriptis’. PC allowed the captain and crew of the French privateer which was recently captured by Captain Mathew Campbell to return to their own country. Goodtrees was to grant passes to them for free transit.³ Petition from Thomas Wallace with answers from Jean Wallace. The PC removed the former sequestration placed on Jean Wallace and allowed her to stay at Glasgow with Lady Hartwood until further orders.⁴ Petition from James Murray. Magistrates of Edinburgh and the keepers of the tolbooth there were to set him at liberty from his imprisonment since he had enacted himself for good behaviour in the books of privy council. Petition from Patrick Corser merchant in Dundee. PC ordered the masters of the card manufactory at Leith to see and answer it on the next council day peremptory. Committee named to meet with the magistrates of Edinburgh and George Drummond keeper of the tolbooth there to advise on the payment of house dues by criminal prisoners. Committee was to meet at 10 am the following day and two were to be a quorum.
22	6/8/1706	Warrant for liberating the French privateers captured by Captain Mathew Campbell, extracted by Robert Forbes PC clerk.
23	6/8/2706	Note of business 6 August.⁵ Petition Nicholas Lamb Petition James Thomson and others Petition Sir Thomas Wallace and answers for Mrs Jean Wallace Petition James Murray Petition Patrick Corser
24	6/8/1706	Act appointing Mrs Jean Wallace to stay with Lady Hartwood at Glasgow until further orders from the PC.
25	6/8/1706	Order for the French privateer crew to be set at liberty and for Goodtrees to prepare passes for their free passage.
26	6/8/1706	Petition of William Cochrane of Ochiltree. PC decision to set the colliers at liberty, contrary to this petition, but according to their having become cautioners for one another, is recorded on the rear of this document and signed by Montrose.
27	1/8/1706	Report of the proceedings of the committee for considering the aliment for lady Birkhill against the lady Newtoun. PC decision for providing aliment signed by Montrose overleaf.
28	6/8/1706	Letters Janet Dick and her children against Dame Isobell Hay.
29	6/8/1706	Petition of James Murray servitor to Rogert Aitken of Auchinhay. PC decision signed by Montrose overleaf.
30	20/3/1706	‘Warrand for Opening & Inspecting the Charter Chist of Kincarden’. PC decisions from 6 August and 30 September 1706 are recorded on the rear of this document and relay information to do with Alexander Bruce of Broomhall’s claim to the lands and titles of the deceased earl of Kincardine.
31	6/8/1706	Answers for Mrs Jean Wallace to the petition given in by her uncle, Thomas Wallace of Cragie.
32	6/8/1706	Reprieve granted to Nicholas Lamb from the sentence of death pronounced against him until the second Tuesday of November.
33	6/8/1706	Printed ‘Representation and Answers For James Thomson oversman and others of Colonel Erskines Coalliers, now in prison in the Tolbooth of Edinburgh, Against the Laird of Ochiltry and Others.’
34	15/8/1706	Sederunt and minutes of council 15 August at the council chamber. Sederunt: Lord Chancellor, Marquis of Montrose (PC), Earl of Buchan, Earl of Forfar, Lord Archibald Campbell, Lord Ross, Lord Advocate, Lord Tillicoultry, Mr Francis Montgomery, Laird of Ormiston younger. PC ordered the crew of the French privateer to be set at liberty. In the margin of these minutes it also records that they were to be given £4 Scots each for assisting the government and that they were to be given the freedom of the burgh for the time they were to still spend there. They were also to receive daily aliment ranging from 12 s Scots per day for the Captain, 6 s for the two lieutenants, and 3s for the rest of the crew. Petition from John Pratt prisoner in the tolbooth of Edinburgh. PC ordered him to be set at liberty without him having to pay any house dues.
35	15/8/1706	Act and warrant of the committee anent pressed men and a declaration that Glendarule’s bond had been forefaulted and letters of horning were to be directed in accordance with the bond of representation.
36	15/8/1706	Act ordering John Pratt to be liberated from his imprisonment in the tolbooth of Edinburgh.
37	15/8/1706	Warrant for setting the crew of the French privateer taken by Captain James Hamilton at liberty from the tolbooth of Leith. Signed by Seafield (Chancellor).
38	15/8/1706	Petition of John Pratt (directed to the earl of Seafield) asking to be liberated. PC ordered allowing his liberation signed by Seafield at the bottom of the page.
39	19/8/1706	This is a letter to the laird of Ormistoun younger, but it is unclear who the sender was.⁶ It is very brief and reads the following: ‘Sir The Counsell is to meet to morrow betwixt ellevine and twelve acloak in the fornoon to receive her Majesties Letter for adjurneing the parliament, and to order a proclamation accordingly, where yor lordships presence is expected by Sir Your very humble servant’
40	20/8/1706	Sederunt and minutes of council 10 August at the council chamber. Sederunt: Lord Chancellor, Marquis of Montrose (PC), Earl of Buchan, Earl of Lauderdale, Earl of Findlater, Earl of Forfar, Lord Ross, Lord Torpichen, Lord President of Session, Lord Advocate, Lord Justice Clerk, Lord Tillicoultry, Mr Francis Montgomery, Laird of Ormistoun younger, Lord Provost of Edinburgh. Letter from the queen about adjouring parliament until 19 Setpember. Read and ordered to be recorded. Proclamation for adjourning parliament till 19 September read, voted and approved, plus appointed to be recorded. Warrant to the magistrates of Edinburgh to set the French privateering crew (captured by Captain Hamilton) at liberty from the tolbooth of Leith.
41	20/8/1706	Warrant for setting the crew of the French privateer (captured by Captain Hamilton) at liberty.
2-27 September 1706 [11 items]
1	2/9/1706	Bond of caution Mr William Veitch, minister of Dumfries, for Mr John Somervell, minister of Carlaverock.
2	6/9/1706	Bond of caution Homer Maxwell for George Maxwell and George Hill
3	6/9/1706	Sederunt and minutes of council 6 September at the Council Chamber. Sederunt: Marquis of Montrose (PC), Earl of Loudoun (S), Earl of Findlater, Earl of Balcarres, Earl of Dunmore, Earl of Cromarty, Earl of Glasgow (TD), Lord Advocate, Lord Provost of Edinburgh. Letter from the queen adjourning parliament until 3 October. Ordered to be recorded and a proclamation to that end prepared, which was then read, signed and ordered to be printed. PC allowe the officers of the French privateer recently taken by Captain James Hamilton to ‘returne to ther owen Country without trouble or molestatione’. Reprieve granted to George and Lachlan Rattray until the first Thursday of November.
4	6/9/1706	Warrant for setting the officers of the French privateer at liberty. Signed by Montrose.
5	6/9/1706	Reprieve granted to George and Lachlan Rattray in the sentence of death against them until the first Thursday of November. They were sentenced for the crimes of ‘Charmeing sorcerie and witch Craft’. Signed by Loduoun, Montrose, Dunmore, Findlater, Cromarty Balcarres, Glasgow, Goodtrees, Patrick Johnstone.
6	11/9/1706	Instrument of protest in favour of the earl of Southesk and the heritors of Leuchars parish. This was in opposition to the presbytery’s decision and the intrusion into the parish of Mr James Robertson as a probationer. Claims that his was a pretended call and in actuality the whole heritors and parishioners had called Mr George Logan.
7	11/9/1706	Instrument in favour of the earl of Southesk and the parishioners of Leuchars. This is much the same as the above instrument, but it mentions that ‘severall women’ had ‘followed Sir David Arnott of that Ilk in a tumultuary manner [and] were convened and were violently forcing and breaking up the said porch Doors’.
8	21/9/1706	Letters the earl of Southesk and others against Sir David Arnot and others.
9	25/9/1706	Executions against Sir David Arnott of that ilk and Charles Kier of Southfield
10	27/9/1706	Execution against Bethone and the other witnesses.
11	27/9/1706	Execution against Andrew Angus and John Baine.
2, 23 & 24 October 1706 [8 items]
1	2/10/1706	Sederunt and minutes of council 2 October at Holyroodhouse.⁷ Sederunt: HM High Commissioner, Lord Chancellor, Marquis of Montrose (PC), Earl of Mar (S), Earl of Loudoun (S), Earl of Morton, Earl of Buchan, Earl of Glencairn, Earl of Weemys, Earl of Balcarres, Earl of Stair, Earl of Glasgow (TD), Lord Ross, Lord Elibank, Lord President of Session, Lord Advocate, Lord Justice Clerk, Lord Anstruther, Lord Rankeillor, Lord Minto, Mr Francis Montgomery, Laird of Cavers Douglas, Lieutenant Colonel Erskine. Commission under the great seal in favour of the Duke of Queensberry to represent her majesty at the next session of parliament.
2	23/10/1706	Sederunt and minutes of council, 23 October at Holyroodhouse. Sederunt: HM High Commissioner, Lord Chancellor, Duke of Argyll, Marquis of Lothian, Earl of Loudoun (S), Earl of Eglington, Earl of Haddington, Earl of Weemys, Earl of Delorraine, Lord Advocate, Sir Harry Innes. Letter from the queen adding thee earl of Delorraine to the privy council. Sir Harry Innes and the laird of Grant qualified themselves as privy councillors. Reprieve to George and Lachlan Rattray.
3	23/10/1706	Reprieve granted to George and Lachlan Rattray from their sentence of death for the crimes of witchcraft and charming. Reprieved from first Thursday of November until the last Friday of January 1707. The magistrates of Inverness were to see to it that this was carried out.
4	24/10/1706	Sederunt and minutes of council 24 October at the council chamber. Sederunt: HM High Commissioner, Lord Chancellor, Marquis of Montrose (PC), Duke of Argyll, Earl of Mar (S), Earl of Loudoun (S), Earl of Sutherland, Earl of Morton, Earl of Eglington, Earl of Glencairn, Earl of Haddington, Earl of Weemys, Earl of Dalhousie, Earl of Galloway, Earl of Leven, Earl of Northesk, Earl of Balcarres, Earl of Forfar, Earl of Kintore, Earl of Dunmore, Earl of Marchmont, Earl of Stair, Earl of Glasgow (TD), Earl of Hopetoun, Earl of Delorraine, Lord Archibald Campbell, Viscount Garnock, Lord Polwarth, Lord Carmichael, Lord Forbes, Lord Ross, Lord Torpichen, Lord President of Session, Lord Register, Lord Advocate, Lord Justice Clerk, Lord Arnieston, Lord Anstruther, Lord Cessnock, Lord Minto, Mr Francis Montgomery, Sir Harry Innes, Laird of Cavers Douglas, Laird of Prestongrange, Laird of Ormisotun younger, Laird of Grant younger, Lieutenant Colonel Erskine, Lord Provost of Edinburgh. Letter from the queen adding the earl of Dalhousie to the council. Earl of Marchmont, Viscount Garnock and the Lord Provost of Edinburgh qualified themselves as privy councillors. Proclamation against tumults and rabbles. Read, voted, approved, signed and ordered to be recorded and printed. Provost of Edinburgh ordered to provide a sufficient guard house for the forces who had been sent to Edinburgh to put down any ‘tumults and disorders’. Petition from the magistrates of Dumfries. A committee was named to deal with the petition and come to agreement on what was to be done about the rabble there. Recommendation to the lord chancellor to lay before parliament an account of the rabble the previous day (23 October) and the council’s resolutions concerning it.
5	24/10/1706	Recommendation to Seafield (Chancellor) to lay before parliaement the details of the rabble and those involved at the first meeting of the estates. Signed by Seafield himself.
6	24/10/1706	Order to the magistrates of Edinburgh to provide a guard house for the forces sent to the town to put down the rabble there. Signed by Seafield.
7	24/10/1706	Committee for considering the petition from the magistrates of Dumfries concerning the rabble there. Committee named to meet the next day at 10am. Singed by Seafield.
8	1 – 27/10/1706	Bond of caution Hugh Hay for John Mcquirter. He was liable to pay Margaret Kennedy, Lady Ardmillan, several hundred merks in rents. On the reverse it records (under the heading of 27 October): ‘Peter Crafurd informed theat the Cautioner was very sufficient as did severall others & thereupon Sir Robert Forbes ordered the Cautioner to be receabed’
2-30 November 1706 [14 items]
1	2/11/1706	Sederunt and minutes of council 2 November at Holyroodhouse Sederunt: HM High Commissioner, Marquis of Montrose (PC), Duke of Argyll, Earl of Mar (S), Earl of Loudoun (S), Earl of Morton, Earl of Haddington, Earl of Forfar, Earl of Glasgow, Earl of Delorain, Earl of Islay. Warrant for interring Lord Bellenden in the Abbey Church
2	2/11/1706	Warrant for interring Lord Bellenden in the Abbey Church
3	7/11/1706	Sederunt and minutes of council 7 November at Holyroodhouse. Sederunt: HM High Commissioner, Lord Chancellor, Marquis of Montrose (PC), Earl of Mar (S), Earl of Loudoun (S), Earl of Morton, Earl of Deloraine, Lord Polwarth, Lord Ross, Lord Torpichen, Lord Anstruther, Lord Cessnock, Lord Elibank, Laird of Ormistoun younger, Lord Provost of Edinburgh. Lord High Chancellor acquainted the council with the fact that when Earl of Abbercorne came into the kingdom from Ireland he was obliged to give in a bond to the collector of Portpatrick forcing him to send back the horses he had brought with him due to the ban on importation of Irish victual. Bond granted and to be delivered up by the collector since the earl had given in his ‘parroll of Honour’. Libel at the instance of George Lord Banff against Robert Sanders elder of Clunie. Both parties and their lawyers compeared but some of the witnesses were absent. Libel admitted to probation and caption raised against the absent witnesses. Protestation William Cochrane younger of Ochiltree against James Thomson oversman at Kincardine, James Thomson officer ad other colliers there. Admitted until the next council day and suspenders to produce the suspension.
4	7/11/1706	Warrant to the collector at Portpatrick to deliver up the earl of Abercorne’s bond. Signed by Seafield.
5	7/11/1706	Protestation William Cochrane younger of Ochiltree against the colliers. Signed by Seafield.
6	7/11/1706	Note of business 7 November.⁸ Libel the Lord Banff against Sanders Petition for Provost Sanders Petition for McQueens and others Petition of Mr Patrick Dunbar Protestation William Cochrane of Ochiltree.
7	11/11/1706	Sederunt and minutes of council, 11 November at Holyroodhouse. Sederunt: HM High Commissioner, Lord Chancellor, Marquis of Montrose (PC), Duke of Argyll, Earl of Mar (S), Earl of Morton, Earl of Northesk, Earl of Balcarres, Earl of Forfar, Earl of Glasgow (TD), Earl of Delorraine, Lord Haddo, Lord Forbes, Lord Ross, Lord Anstruther, Mr Francis Montgomery, Sir Harry Innes, Laird of Grant younger, Lieutenant Colonel Erskine. Reprieve to Nicollas Lamb Committee for examining Lord Banff’s witnesses.
8	11/11/1706	Reprieve to Nicholas Lamb for suspected ‘Murdering her oune Child’. The sentence of death was reprieved until the second Wednesday of January. Signed by several councillors.
9	16/11/1706	Sederunt and minutes of council 16 November at the Council Chamber. Sederunt: HM High Commissioner, Lord Chancellor, Earl of Mar (S), Earl of Buchan, Earl of Leven, Earl of Kintore, Lord Haddo, Lord Justice Clerk, Lord Anstruther, Lord Minto, Mr Francis Montgomery, Lieutenant Colonel Erskine, Lord Provost of Edinburgh. Letter from the queen adding Alexander Ogilvie of Forglen, one of the senators of the College of Justice, to the privy council. Libel at the instance of Anna Paton, relict of Andrew Logie of Loanhead against Aexander Leith of Belchirie. Both parties and their lawyers compeared but some witnesses were absent. Libel admitted to probation and second diligence granted against absent witnesses. James Melville, one of the absent witnesses, was put to the horn and declared her majesty’s rebel.
10	29/11/1706	Sederunt and minutes of council 29 November at Holyroodhouse. Sederunt: HM High Commissioner, Lord Chancellor, Marquis of Montrose (PC), Duke of Argyll, Earl of Mar (S), Earl of Loudoun (S), Earl of Sutherland, Earl of Morton, Earl of Haddington, Earl of Forfar, Earl of Stiar, Earl of Glasgow (TD), Earl of Islay, Lord Torpichen, Lord Elibank, Lord Cessnock, Lord Minto, Mr Francis Montgomery, Laird of Cavers Douglas, Laird of Prestongrange, Laird of Grant younger. Recommendation to the lord chancellor to give to parliament accounts of the anti-union rabbles in Glasgow and Dumfries. Libel of reconvention Lith of Belchirie against Anna Patton called and admitted to probation. Committee named to examine witnesses.
11	29/11/1706	Warrant to the Lord High Chancellor to lay before parliament an account of ‘the tumultuary convocations that have lately happened at Glasgow & Drumfreis’. Signed by Seafield.
12	30/11/1706	Sederunt and minutes of council 30 November at Holyroodhouse. Sederunt: ?⁹ 1.Letter from the council read, approved and ordered to be recorded.
13	30/11/1706	Copy of the letter sent to the magistrates of Glasgow thanking them for their service in putting down the recent rabble there and asking them to be diligent in doing the same. They also sent the parliamentary proclamation.
14	30/11/1706	Copy of a letter from the privy council to the magistrates of Dumfries concerning their good service and loyalty in putting down the anti-union rabble there. Also ordered them to publish parliament’s proclamation against tumults.
3-28 December 1706 [20 items]
1	3/12/1706	Sederunt and minutes of council 3 December at Holyroodhouse Sederunt: HM High Commissioner, Lord Chancellor, Duke of Argyll, Earl of Mar (S), Earl of Loudoun (S), Earl of Sutherland, Earl of Morton, Earl of Buchan, Earl of Eglington, Earl of Glencairn, Earl of Haddington, Earl of Galloway, Earl of Forfar, Earl of Marchmont, Earl of Stair, Earl of Delorain, Earl of Islay, Lord Haddo, Lord Polwarth, Lord Carmichael, Lord Ross, Lord Justice Clerk, Sir Harry Innes, Laird of Cavers Douglas, Laird of Grant younger. PC advised the process of the Lord Banff against Robert Sanders, the Provost of Banff. Libel, witness depositions and interrogations were read along with a petition from Sanders. Libel found relevant and proven and the defender was found guilty f ‘ane manifest ryot & invasione upon the person of the said Lord Banff’. He was to crave the lord’s and the town council’s pardon and cover his fees in the process. Petition of Toshach of Monyvaird read and a protestation granted ut in scriptis. Libel James St Clair against Toshach of Monyvaird called and both parties with their lawyers compeared before the PC. Libel admitted to probation and a committee named to meet the following day at 9am to hear witnesses. Petition from Daniel Defoe. PC granted him the licence to publish a poem entitled ‘Caledonia a poem in honour of Scotland and the Scots nation‘ and discharged anyone else from doing the same for seven years under pain of seizing and ‘forfaulting’ them, as well as imposing the fine of £10 sterling for every 100 copies. Council declared that they would hear the case of the suspension of Colonel Erskine’s colliers against William Cochrane of Ochiltree. Advised both parties lawyers to be ready to debate the suspension on the next council day.
2	3/12/1706	Note of business 3 December.¹⁰ Process to be advised the Lord Banff against Provost Sanders Libel James Sinclair of Stempster against Toshach of Monyvaird Petition Duncan Toshach of Monyvaird Petition for Daniel Defoe
3	3/12/1706	Warrant appointing the lawyers for Erskine and Ochiltree to be ready to debate their case the next council day. Signed overleaf by Seafield.
4	3/12/1706	Petition of Duncan Toshach of Monyvaird. Signed overleaf by several councillors.
5	7/12/1706	Sederunt and minutes of council 7 December at Holyroodhouse Sederunt: HM High Commissioner, Lord Chancellor, Marquis of Montrose (PC), Duke of Argyll, Earl of Mar (S), Earl of Loudoun (S), Earl of Crawford, Earl of Sutherland, Earl of Morton, Earl of Glencairn, Earl of Haddington, Earl of Galloway, Earl of Balcarres, Earl of Forfar, Earl of Marchmont, Earl of Stair, Earl of Roseberry, Earl of Glasgow (TD), Earl of Delorain, Earl of Islay, Lord Forbes, Lord Ross, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Anstruther, Lord Forglen, Mr Francis Montgomery, Laird of Cavers Douglas, Laird of Prestongrange, Laird of Grant younger, Lieutenant Colonel Erskine. Committee for examining Finlay and Montgomery prisoners in Edinburgh Castle Committee for calling and examining the magistrates of Glasgow
6	7/12/1706	Committee for calling and examining the magistrates of Glasgow. Signed by Seafield.
7	7/12/1706	Committee for examining Finlay and Montgomery prisoners in Edinburgh Castle. Signed by Seafield.
8	9/12/1706	Sederunt and minutes of council 9 December at the council chamber. Sederunt: HM High Commissioner, Lord Chancellor, Marquis of Montrose (PC), Earl of Mar (S), Earl of Loudoun (S), Earl of Sutherland, Earl of Morton, Earl of Buchan, Earl of Haddington, Earl of Northesk, Earl of Balcarres, Earl of Forfar, Earl of Kintore, Earl of Dunmore, Earl of Marchmont, Earl of Stair, Earl of Glasgow (TD), Earl of Deloraine, Earl of Islay, Lord Carmichael, Lord Forbes, Lord Ross, Lord Torpichen, Lord Elibank, Lord Register, Lord Justice Clerk, Lord Anstruther, Lord Cessnock, Lord Minto, Lord Forglen, Mr Francis Montgomery, Laird of Cavers Douglas, Laird of Prestongrange Laird of Ormiston younger, Lieutenant Colonel Erskine. Reprimand to the magistrates of Glasgow Recommendtaion to the Lord Chancellor to call for he masters of the college of Glasgow and require them to take care of the students with certification.
9	19/12/1706	Bond of caution of lawburrows John Cunningham against Sir John Shaw of Greenock
10	9/12/1706	Recommendation to the Lord Chancellor to call for the masters of the College of Glasgow to ‘keep their schollars in good order and be Carefull of their quiet and peaceable behaviour
11	9/12/1706	‘Reprimand to the Magistrats of Glasgow’. This was a warning to the magistrates and heads of trades, etc. to be diligent in putting down and opposing all ‘tumults’ such as the one which had recently occurred there, presumably the anti-union rabble.
12	24/12/1706	Sederunt and minutes of council 24 Decemeber at Holyroodhouse. Sederunt: HM High Commissioner, Lord Chancellor, Marquis of Montrose (PC), Duke of Argyll, Marquis of Lothian, Earl of Mar (S), Earl of Loudoun (S), Earl of Crawford, Earl of Sutherland, Earl of Morton, Earl of Glencairn, Earl of Dalhousie, Earl of Galloway, Earl of Northesk, Earl of Balcarres, Earl of Forfar, Earl of Kintore, Earl of Dunmore, Earl of Cromarty, Earl of Glasgow (TD), Earl of Islay, Lord Carmichael, Lord Forbes, Lord Torpichen, Lord Elibank, Lord Register, Lord Justice Clerk, Lord Minto, Lord Forglen. Warrant to the magistrates of Edinburgh ‘to arreist & secure the horses & armes of the Papists & persones not qualified to the Government’ Protection Duncan Toshach of Monyvaird.
13	24/12/1706	Protection to Duncan Toshach of Monyvaird. Signed overleaf by several councillors.
14	24/12/1706	Warrant to the magistrates of Edinburgh to arrest and seize the horses and arms of Catholics and unqualified persons.
15	28/12/1706	Sederunt and minutes of council 28 December at Holyroodhouse. Sederunt: HM High Commissioner, Lord Chancellor, Marquis of Montrose (PC), Duke of Argyll, Earl of Mar (S), Earl of Loudoun (S), Earl of Morton, Earl of Buchan, Earl of Kintore, Earl of Marchmont, Earl of Cromarty, Earl of Stair, Earl of Glasgow (TD), Earl of Islay, Lord Carmichael, Lord Ross, Lord Torpichen, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Arniston, Lord Forglen, Mr Francis Montgomery, Laird of Cavers Douglas, Lieutenant Colonel Erskine. PC considers the proclamation of parliament from 21 December which ‘Did strictly prohibit and discharge all unwarrantable and seditious Convocating’. They recommended to the magistrates of Edinburgh to continue searching for and apprehending contumacious persons and Catholics plus sent an order to the magistrtes of Stirling to keep a watchful eye out for people or groups travelling through Stirling and coming south. Committee named for communicating with the magistrates of Edinburhg, Stirling, Queensferry and Leith for the effectual enforcing of the parliamentary proclamation mentioned above ‘for preventing tumultwary ryseings’. Libel reconvention Robert Sanders provost of Banff and his servant against Lord Banff. Both parties compeared with their lawyers. Libel admitted to probation and a committee was named to deal with the process and hear witnesses. Petition from James Munro and John Taylor. PC allowed them to return home and declared them free of second diligence at Banff’s instance. Lord Banff was to see and answer to the expenses they claimed. Petition Mr Patrick Dunbar of Bourmaden and Mr Patrick Murray Admiral Depute read and granted.¹¹ Earl of Sutherlad and Harry Innes added to the committee anent Stempster. Peittion from Mr Patrick Dunbar of Bourmaden and Mr Patrick Murray Admiral Depute. Petition‘on account of subsisting the tuenty ostenders aboard the Dutch ship the Pelsher ‘which was retaken by the petitioners remitted to the court of admiralty.
16	28/12/1706	Note of business 28 December.¹² Libel reconvention Provost Sanders against the Lord Banff. Petition James Monro. Petition Mr Patrick Dunbar Petition James Monro.
17	28/12/1706	Committee named to take evidence from the magistrates of Stirling, Edinburgh, Queensferry and Leith about suspicious people coming into Edinburgh from the bridges and ports there.
18	28/12/1706	Order to the magistrates of Stirling, Edinburgh, Queensferry and Leith regarding the above issue and the parliamentary proclamation from 21 December regarding people coming into Edinburgh. Signed by Seafield.
19	28/12/1706	Petition of James Monro and John Taylor
20	28/12/1706	Petition of Mr Patrick Dunbar of Bowermaden and Mr Patrick Murray Admiral Depute of Caithness.
Bonds of Caution 1706 [37 items]
1	28/1/1706	Two bonds received by Andrew Wauchop of Niddrie from the clerks of privy council. The first was the bond of Mr James Innes to leave the kingdom under the pain of £200 sterling. This bond was dated 4 October 1704. The second was the bond of William Durham who also promised to remove himself from the kingdom under the penalty of 5,000 merks Scots. This bond was dated 6 June 1705. Wauchop was the cautioner for both.
2	11/2/1706	Bond of caution David Eskdaill for Isobell Eskdaill, who was a prisoner in the tolbooth of Dumfries but was released upon this bond under the penalty of 1,000 merks.
3	15/2/1706	Bond and enactment David Craigie younger of Gairsey for the defenders in the case between him and Archibald Nisbet of Carphine under penalty of 3,000 merks.
4	19/2/1706	Bond of caution Mr Zacharias Gemill for Provost William Cunningham and bailie John Marshall for a collection throughout the kingdom for repairing the harbour at Irvine.
5	20/3/1706	Bond of caution Andrew Wauchop, laird of Niddrie for John Abercrombie a suspected priest to confine himself in his lodgings in Edinburgh until further notice from the council under the penalty of 1,000 merks.
6	28/3/1706	Bond of caution of lawburrows David Drummond laird of Cultimalundie and Mr Henry Dow, writer in Edinburgh, for the David Drummond laird of Innermay elder and David Drummond laird of Innermay younger to leave several people in the peaceable possession of their lands under the penalty of 3,000 merks.
7	29/3/1706	Bond of caution James Sibbald merchant in Edinburgh for Mr Alexander Thomson former minister at Peterculter for payment to the treasury of 20 merks under escheat and being declared rebel. This was for not removing from his manse, gleib and kirk to make way for the lawful minister at Peterculter, Mr John Kennedy.
8	1/4/1706	Bond of caution for raising suspension of lawburrows James Robertson, writer in Edinburgh, for Anna Patone, relict of the deceased Andrew Lonie of Lonhead advocate in Aberdeen that the family of George Leith of Threefield be unhindered in the possession of their lands under the penalty of 1,000 merks.
9	6/4/1706	Bond of caution of lawburrows Adam Craik of Arbigland for James Mercer elder and James Mercer younger of Clavage and their tenants under the penalty of 3,000 merks.
10	5/4/1706	Bond of caution of lawburrows Adam Craik of Arbigland for James Mercer elder and younger of Clavage and their tenants.
11	12/4/1706	Bond of caution suspension of lawburrows Mr Aneas Oliphant of Balgonie for John Steidman and others that Mercer of Clavage and his family be unhindered in the possession of their lands under the penalty of 1,000 merks.
12	23/4/1706	Bond of caution of lawburrows James Robertson for Anna Patone.
13	29/4/1706	Bond of caution of lawburrows Mary McGill, servants to Margaret Caitter, relict of Charles Murray of Barnhowry, James Murray, servant to Roger Arbing of Auchenhae, Marie Ronnald in Laggan servant, Charles Arling in Auchenhay, Richard Graham, and Charles Carson in Laggan. This was so that the family of Craik of Arbigland would be unhindered in the possession of their lands under the penalty of 1,000 merks.
14	29/4/1706	Bond of caution of lawburrows for John Murray and others. Same individuals in the above bond and under the same terms.
15	8/5/1706	Bond of caution Sir Andrew Ramsay of Abbotshall for Mr John Law of Laurieston to go from Scotland to France and to return without trouble despite the proclamation of war against that kingdom.
16	9/5/1706	Bond of caution John Gairden of Bellamore for Charles Gairden of Bellastoein that the family of the earl of Aboyne be unhindered in the possession of their lands under the penalty of 3,000 merks.
17	10/6/1706	Bond of caution of lawburrows James Robertson for John Elphinstone, younger of Glaick that George Leith of Threefield and his family be unhindered in the possession of their lands under the penalty of 3,000 merks.
18	12/6/1706	Bond of caution of lawburrows William Fergussone of Kailloch for Robert Rorisone of Marscalloch and Alexander Welsh under penalty of 3,000 merks.
19	13/6/1706	Bond of caution suspension of lawburrows by Alexander Foulis, laird of Ratho and Alexander BrandCastlebrand for Colonel John Hamilton under the penalty of 1,000 merks.
20	15/6/1706	Bond of caution suspension of lawburrows James Campbell younger laird of Arkinglass and Adam Craik laird of Arbigland for Mercers of Clavadge and others under penalty of 3,000 merks.
21	15/6/1706	Bond of caution of lawburrows laird of Arkinglass and Arbigland for Mercers of Clavadge elder and younger and their tennents. Same as above.
22	16/6/1706	Bond of caution of lawburrows Hary Elphinstone for John Elphinstone younger of Glaick that the Leith family be unhindered in their possession of lands under the penalty of 3,000 merks.
23	18/6/1706	Enactment of banishment for Elizabeth Hunter. Her sentence of death had been commuted to banishment and this was to be fulfilled before 10 July under penalty of death.
24	22/6/1706	Bond of caution suspension of lawburrows James Campbell of Arkinglass for Adam Craik of Arbigland that the family and tenants of Barnhowry would be unhindered in their lands under the penalty of 3,000 merks.
25	26/6/1706	Bond of caution of lawburrows James Robertson for John Elphinstone younger of Glaick to make a payment to the treasury under the penalty of being declared her majesty’s rebel.
26	2/7/1706	Bond of presentation Colin Campbell of Glendarule for Donald and Dougall Campbell. The latter two were to be presented to the council committee anent pressed men and soldiers when required between this date and 15 August under the penalty of 300 merks.
27	5/7/1706	‘Enactment Lieutenant Collonel Erskine for His Workmen’. He provided a bond promising that his workers would adhere to the council’s procedure in the process against them at the instance of Cochrane of Ochiltree under the penalty of 3,000 merks.
28	8/7/1706	Bond of presentation John McNaught, writer in Dumfries and others.
29	9, 28/7/1706	Bond of caution Roger Aitkin of Auchenhay and John Murray of Drumstinchell for John Murray, the brother of Charles Murray of Barnhowry not to trouble Adam Craik of Arbigland (who was embroiled in a legal process with his brother) under pain of £100 sterling.
30	10/7/1706	Bond of caution suspension of lawburrows Gilbert Somervell, taylor burgess of Edinburgh, for William Somervell and his mother not to hinder William Douglas of Bads and others in their lands under the penalty of 1,000 merks.
31	27/7/1706	Enactment Bessie Muckiesone. Her sentence of death was commuted to banishment and this was to occur between this date and 15 August with her being barred from returning to Scotland under pain of death.
32	30/7/1706	Bond of caution suspension of lawburrows Alexander Ross of Rolmethes for Leith of Belchirie and others under penalty of 1,000 merks.
33	6/8/1706	Enactment James Murray. He was released from imprisonment in the Edinburh tolbooth having enacted himself for good behaviour in the books of privy council under the penalty of 1,000 merks.
34	6/8/1706	Bond of caution James Thomson and others (the colliers working for Lt Col Erskine) whereby each one of them had become cautioner for each other. They were thus allowed to be released from prison in the Edinburgh tolbooth without payment of the fine as the initial terms of their imprisonment had outlined.¹³
35	20/8/1706	Enactment John Pratt, former servant to William Johnston postmaster in Haddington. This was for his release from imprisonment in Edinburgh after he had promised good behaviour in the books of the privy council under the penalty of being put to the horn.
36	9/12/1706	Bond of caution Sir William Craigie of Gairsy for John Miller in Deall and others to appear before the council when called (specific date is left out of document) at the instance of Archibald Nisbet of Carphin. They were also liable to pay the treasury 20 merks under penalty of letters of horning.
37	18/12/1706	Bond of caution of lawburrows Robert Claik baxter in the Canongate for David Allan that Robert Newlands and his family be unhindered under penalty of 3,000 merks.
1706 otherwise undated [3 items]
1	undated	Petition of John and William Carruthers drovers regarding a debt payable to them by Andrew Crawford amounting to £378 sterling. There are some interesting marginal additions in this petition such as one regarding a piece of advice given by the earl of Eglington and Lord Halcraig about expediting the payment. The petitioners ask for the council’s advice in the matter since they were on the brink of penury and for the petition to be remitted onto the lords of session for due payment to be made to them.
2	undated	Petition of Mr John Webster minister at Fetterosso concerning the process he had raised with the agent for the Kirk against Mr Gideon Guthrie who had intruded in the kirk there. Guthrie remained in possession of the kirk, manse and gleib despite the process being raised and therefore Webster asked for the sheriff of the shire to intercede on the matter and have him placed in the rightful possession of the kirk at Fetterosso.
3	undated	‘A Note For Council Letters at the Instance of Alexander Fyffe’. Fyffe was a writer to the signet and proprietor of the lands of Balmellie and he complained of ‘wilfull and violent Intruding’ of his lands in August 1699 by the chamberlain of the earl of Erroll during which he was forced from thence. Several people were named as accomplices and the earl himself was implicated. He claimed damages in terms of rents for 1701, 1702 and 1703 and therefore petitioned the council for payment of said damages amounting to 1,200 merks.
1707 arranged [99 items]
1	undated	Petition of Captain Mathew Campbell commander of the ship the Dumbarton Castle.
2	11/1/1707	Interlocutor upon the earl of Southesk’s petition
3	13/1, 24/3, 27/4/1707	‘Inventar of wryts produced for the Lord Glenorchy in the Council Clerks hands anent the process or Complaint pursued be James Sinclair of Stemster against Duncan Toshach of Mony vaird.
4	undated	Printed ‘Information for John Sinclair of Stempster, in his Complaint before the Privy Council, whereupon Probation is adduced. Against Duncan Tossach of Monyvaird
5	25/1/1707	Protest Ochiltree against Colonel Erskine
6	1/3 – 12/4/1707	‘Accompt of what Warrands hes gone out since 1^st March’¹⁴
7	8/3/1707	Answers for George Home of Kaimes to the petition given in for Andrew Knox
8	20/3/1707 ?	Letter from Thomas Buchan to Robert Forbes (PC clerk) asking him to transmit to the lord advocate that he will be unable to attend the PC when required.¹⁵
9	21/3/1707	Libel Mr Thomas Clephan (minister at Kingoldrum) and others against Kinneir and Ramsay. This mentions acts going back to James VI’s reign against disorders committed to correct church worship and ministers in addition to the 1690 act reintroducing Presbyterian church government, the 1695 church act, and the 1698 act against rabbling. The latter two mentioned above are accused of intrusion and other crimes such as prophane language and violence committed against a lawful minister in contradiction of the above acts of parliament.
10	28/3/1707	Petition of Elizabeth Hamilton relict of the deceased Alexander Nairne of Saintford asking for some money due to her by Ptrick Gordon of Myrtoun according to ‘a Backbond upon a Gift of Recognisition procured’ by him and for money for her husband’s funeral.¹⁶
11	31/3/1707	Bill of suspension and charge to set at liberty Andrew Johnstone against Captain Francis Charters.
12	2/4/1707	Bill of lawburrows William Rolland of Ballmounth against William Morison of Prestongrange and others.
13	4/4/1707	Suspension of lawburrows William Morrison of Prestongrange and others against Mr William Rolland of Ballmounth
14	11/4/1707	Libel Lieutenant Turnbull against Brown and Laing.
15	14/4/1707	Libel the agent for the Kirk against rabblers in Frazerburgh.
16	15/4/1707	Libel Barbara Fea against John and David Traills
17	16/4/1707	Bill of complaint Duff of Braco against Gordon and others.
18	16/4/1707	David Grahame, macer to the council, states that he had ‘Boroued oup […] the petition to the parlement and deliverance ther on recomendaing the Macers of Counsel to the Lords of Thesuray to be returned upon demand by me’.
19	22/4/1707	Bill of lawburrows Charles Sinclair and others Sir William Dunbar of Hemprigs and others.
20	25/4/1707	Bill of lawburrows Mary Duncan against Thomas Inglis and others.
21	30/4/1707	Bill of lawburrows Dedrigs and others against Thomas Marjoribanks and others.
22	9/5/1707	Bill lawburrows John Garden of Bellamory against the Lord Kinnaird, his wife and others
23	21/5/1707	Printed ‘Petition of The Friends and Relations of the Earl of Seaforth’.
24	26/5/1707	Bill lawburrows Elizabeth Cheisly against Captain Charles Hepburn.
25	6/6/1707	Bill lawburrows William Craigie of Gairsie against Dame Margaret Stewart Lady Burray and others.
26	27/5/1707	Bill lawburrows Thomas Marjoribanks against John Marjoribanks of Dedriggs and others
27	7/6/1707	Bill suspension lawburrows Captain Hepburne against Elizsbeth Cheisly
28	10/6/1707	Bill suspension Captain Francis Charters against Elizsabeth Cheisly
29	10/6/1707	Bill suspension lawburrows John Marjoribanks of Dedrigs and others against Thoas Marjoribanks of Huntlywood
30	10/6/1707	Bill of suspension John Marjoribanks of Dedriggs and others against Thomas Marjoribanks of Huntliewood
31	12/6/1707	Libel Dame Isobell Hamilton and others against Captian Walter Lockhart of Kirktoun and others.
32	20/6/1707	Bill of complaint John Anderson and others against James Gordon and others.
33	13/6/1707	Bill of lawburrows Samuel Wilson of Pleulands against George Steill and others
34	20/6/1707	Bill suspension lawburrows Steill and Workman against Samuel Wilson of Pleulands
35	24/6/1707	Bill of suspension Andrew Wauch and others against George Currer of Hartwoodburn and others.
36	3/7/1707	Bill lawburrows John Baxter against William Whyt
37	8/7/1707	Bill lawburrows James Burd against James Paterson, Mary McNeill his spouse and William Paterson his son.
38	9/7/1707	Bill of lawburrows James Cunningham against Robert Tailor.
39	10/7/1707	Suspension of lawburrows James earl of Bute and others against Mr John Stewart of Ashcoge(?)
40	10/7/1707	Petition of Duncan Toshach of Monyvaird and answers for James Sinclair of Stempster asking for a delay in the mutual process between them which the PC granted.
41	12/7/1707	Bill complaint John Traill and his son against Barbara Fea
42	14/7/1707	Suspension of lawburrows William Whyt against John Baxter
43	22/7/1707	Bill lawburrows John Stewart of Newhalls and others against Samuel Wilson of Newlands and others.
44	23/7/1707	Bill caption Mr Charles Lindsay against Borthwick
45	29/7/1707	Bill lawburrows Ross of Pitcanlie against Alexander Ross of Neather Pitkearnie
46	31/7/1707	Bill lawburrows Archibald Ogilvie against John Miller and others
47	1/8/1707	Bill suspension of lawburrows Robert Taylor against James Cunningham
48	2/8/1707	Information anent the rabble at Dingwall (which occurred on 18 June 1707), including a list of all the suspected rabblers.
49	4/8/1707	Bill of complaint the agent for the Kirk against Mr Patrick Middleton and others.
50	undated	Petition for John and David Traill against Barbara Fae
51	undated	Roll of parties and witnesses Barbara Fea against John and David Traill and others.
52	4/8/1707	Printed ‘Petition of John Traill or Ellness and David Traill his second son’
53	5/8/1707	Suspension of lawburrows Samuel Wilson of Pewlands against John Stewart of Newhalls and others.
54	6/8/1707	Bill lawburrows the Lord Ray against Donald McKay of Sandwood and others
55	6/8/1707	Bill lawburrows Wilsone of Pewlands against Stewart of Newhalls and others
56	14/8/1707	Bill lawburrows Robert Lithgow and others against William Bishop and others
57	undated (see 15 Aug)	List of JPs proposed to be named for the Orkney isles.
58	15/8/1707	Printed list of either commissioners of supply or justices of the peace in several different shires around the kingdom.¹⁷ Printed by Agnes Campbell (‘the Heirs and Successors of Andrew Anderson’)
59	19/8/1707	Bill of lawburrows Robert Taylor portioner of Overscotstoun against Samuel Wilson of Pewlands and others.
60	19/8/1707	‘Recept Be John Inglis’ who was a clerk to the commission of equivalent and one of the people in charge of assessing how much English coin was in circulation in Scotland.
61	20/8/1707	Bill of lawburrows Lumsdean against George Gordon in the miln of Coull
62	25/8/1707	Letter signed by Seafield and Rankeillor concerning the 16 peers and 45 members of the Commons representing Scotland. It mentions a privy council act of 15 August to write letters in name of the PC for all these people to attend a meeting.¹⁸
63	25/8/1707	Suspension of lawburrows John Traill of Ellness against Barbar Fea
64	27/8/1707	Bill lawburrows John Traill of Elness and others against Patrick Fea of Whythall and others.
65	2/9/1707	Act in favour of Barbara Fea
66	4/9/1707	Bill libel Duncan McPherson of Flichittie(?) against Mr William McIntosh of Aberardour
67	16/9/1707	Recommendation to the lord advocate to ‘dispose of’ Bessie Turnbull, Isobell Taylor, Elizabeth Callander, and Margaret Smith who were imprisoned for alleged infanticide and Janet Gray imprisoned for house breaking.

		Proceedings of the Officers of Her Majesties Mint, 17, 18 & 19 September 1707
68	17/9/1707	‘Committee of Councill appointed for takeing Essayes of the Signets in the pieces of the mint’. Sederunt: Lord Chancellor, Earl of Leven, Earl of Northesk, Earl of Forfar, Earl of Kintore, Earl of Islay, Lord Haddo, Lord Forbes, Lord President of Session, Lord Minto. Remit of the committee according to the council decision along with the acts of parliament from 1686 and 1695 in relation to coinage and the mint were read at the beginning of proceedings. Also makes investigation into previous ‘journal’ entries going back to 1701 regarding the circulation of coins throughout the kingdom. The goldsmiths swore the relevant oaths and made faith with the committee in the normal process.
69	17/9/1707	Committee proceedings for the mint and coinage. Sederunt: Lord Chancellor, Earl of Leven, Earl of Northesk, Earl of Forfar, Earl of Kintore, Earlo f Islay, Lord Haddo, Lord Forbes, Lord President of Session, Lord Minto.
70	17/9/1707	‘Committee anent the Mint’ Sederunt: Lord Chancellor, Earl of Northesk, Earl of Forfar, Lord Haddo, Lord President of Session, Lord Minto, Lord Forbes, Earl of Islay, Earl of Kintore, Earl of Leven
71	17/9/1707	‘Committee of Councill appointed for takeing Essayes of the Signets in the pircis(?) of the Mint’ Sederunt: Lord Chancellor, Earl of Leven, Earl of Northesk, Earl of Forfar, Earl of Kintore, Earl of Islay, Lord Haddo, Lord President of Session, Lord Minto. This consists of similar proceedings to all of the above, which are essentially all the same. It has reports of previous ‘journals’ on the circulation of coins and the statements from some of the goldsmiths in the kingdom. Adjourned until the next day (18 September) at 10am.
72	18/9/1707 (am)	Committee anent the mint. Sederunt: Lord Chancellor, Earl of Northesk, Earl of Forfar, Earl of Kintore, Earl of Roseberry, Earl of Islay, Lord Forbes, Lord Haddo, Lord Minto, Lord President of Session, Lord Provost of Edinburgh. This committee proceeding, which was also attended by the officers of the mint, also consisted of perusal of the mint’s records. Following this the committee came to the agreement that certain coins should be melted down and re-weighed.
73	18/9/1707 (pm)	Committee anent the mint, which met at ‘Her Majesties Min house’ Sederunt: Lord Chancellor, Earl of Leven, Earl of Northesk, Earl of Forfar, Earl of Kintore, Earl of Roseberry, Lord Forbes, Mr Francis Montgomery. Goldsmiths were also present at this committee meeting. The ‘pixis’ were opened and records perused. Committee adjourned until 8am the next day.
74	19/9/1707	Report of the committee anent the mint.

75	23/9/1707	Bill lawburrows Agnes Burt, John, Isobell and Mary Miller her children and Adam Muir against Nicoll Merstoun, Eupham Hadden his spouse and James Merstoun their son.
76	22/8/1707	Bill complaint William Burnet of Crigie and James Burnet his servant against Dnald Ross of Wester Clun and Heugh Ross of Tullesnaught
77	23/9/1707	Bill of suspension Barbara Fea against John Traill and Helen Stewart his spouse and David Trail their son.
78	24/9/1707	Bill of suspension Henry Hunter of Kirktoun against his wife and children.
79	25/9/1707	Lawburrows Anna Logie against Archibald Ogilvie
80	3/10/1707	Bill of suspension Archibald Ogilvie against Anna Logie
81	11/10/1707	‘Inventar of the weights and measurs adjusted conforme to the standart of England, and received from aboard Captain Spens ship Conform to the bill of Loading’
82	15/10/1707	Bill suspension of lawburrows George Gordon against James Lumsden of Corrachrie.
83	25/10/1707	Bill lawburrows David Pinkertoun against John Mortoun and his spouse
84	29/10/1707	Bill of lawburrows John Turbul of Strukathrow and John Turnbull his son against David Lindsay of Eagle and others
85	1/11/1707	Bill of caption Anna Logie against Archibald Ogilvie
86	12/11/1707	Bill of lawburrows Alexander Dunbar against Haliday and Davidsone
87	14/11/1707	Bill of horning Elizabeth Hamilton and others against Captain Walter Lockhart of Kirktoun
88	18/11/1707	Bill of lawburrows James Low and John Livingston against William Turnbull elder and younger of Strickathrow
89	18/11/1707	Bill of suspension William Strachan of Balmakettle and others against John Turnbull elder of Strickathrow
90	20/11/1707	Bill of lawburrows Helen Dallgardno against Archibald Ogilvie
91	20/11/1707	Bill of suspension John Turnbull of Strickathrow elder and younger against Francis Low John Livingston
92	25/11/1707	Bill of lawburrows Patrick Gillespie against James Johnston and others.
93	26/11/1707	Bill of suspension Archibald Ogilvie against Helen Dalgarno
94	3/12/1707	Bill of lawburrows William Lindsay of Wauchop against Adam Craick of Arbigland and others
95	15/12/1707	Bill of complaint the Lord Cessnock against George Ross of Galstoun and others
96	17/12/1707	Bill caption Turnbull of Strickathrow against David Lindsay of Eagle
97	25/12/1707	Bill caption George Kennedy against James Duncan
98	25/12/1707	Bill libel the agent for the Kirk against John Bain of Tulloch. Bain and his son were accused of ‘manifast opposition to and molestation of the said Synod and infringing of ther rights and liberties’. They also used ‘opprobrious’ language against the minister of Tulloch (Mr Mcgillibrue), calling him ‘a Rascall and a lyar’. They were also accused of attacking the minister.
99	26/12/1707	Bill of suspension James Duncan against George Kennedy of Halleaths.
Bonds of Caution 1707 [36 items]
1	25/1/1707	Bond of caution for John Porterfield, servant to the Duchess of Hamilton for his release from prison in Edinburgh and his good behaviour (including not conversing with her majesty’s rebels) under pain of 1,000 merks. His cautioner was John Hay, merchant burgess in Edinburgh.
2	25/1/1707	Bond of cauton James Weir, treasurer of Hamilton. He was set at liberty from Edinburgh castle if he promised to live peacably and not converse with any rebels under pain of 1,000 merks. His cautioner was Archibald Hamilton of Dalserf advocate.
3	27/2/1707	Bond of caution for lawburrows the laird of Drum for James Lumsden and others anent George George in Milne of Coull and Mr George Gordone of Logie his son ‘ut jutus’. The Georges were to be unmolested and untroubled in their lands under pain of 1,000 merks.
4	14/2/1707	Bond of caution and lawburrows Hugh Ross of Kilravock for Donald, Alexander and William Grant in Roskeen. Penalty for contravention was to be 1,000 merks.
5	1/4/1707	Bond of caution of lawburrows Thomas Halliday glover burgess in Edinburgh and James Reid litster in Dalkeith for Andrew Johnstone elder and younger, wrights in Cranston. Penalty was 1,000 merks.
6	7/4/1707	Bond of caution Peter McDougall of Creichen, writer to the signet, for James Hannah, present prisoner in the tolbooth of Edinburgh. He was released from imprisonment and ordered to live peaceably under the penalty of 300 merks.
7	14/5/1707	Bond by Nicol Spence, writer in Edinburgh, concerning the collection in Kirkcaldy presbytery for James Simpson (deceased), skipper, and others of his crew who were held captive in Algiers.
8	26/5/1707	Bond of caution of lawburrows Hercules Schaw of Bell of Stochart for Thomas Marjoribanks of Huntlywood. Penalty of 3,000 merks.
9	26/5/1707	Bond of caution by John Sinclair, town treasurer of Elgin, and his cautioner, Kenneth Mckenzie junior apothecary there, for a voluntary collection to be raised for building a harbour in the burgh.
10	4/6/1707	Bond of caution of lawburrows Alexander Irvine laird of Drum for James and William Lumsden anent the Gordons.
11	10/6/1707	Bond of caution Alexander Somervell for Captain George Hepburn that Elizabeth Cheisly, shop keeper in Edinburgh, and her family will be without harm or danger under pain of 1,000 merks.
12	12/6/1707	Bond of caution of lawburrows Sir David Dalrymple of Hails, advocate, for Captain Francis Charters, a brigadier of her majesty’s troop of guards.
13	16/6/1707	Bond of caution John Marjoribanks of Deddrigs for John Marjoribanks of Stonerige under penalty of 3,000 merks.
14	16/6/1707	Bond of caution John Marjoribanks of Stonrige for John Marjoribanks of Dedrigs under penalty of 3,000 merks.
15	18/6/1707	Bond of caution John Marjoribanks of Dedderigs for John Marjoribanks of Cromerige under penalty of 3,000 merks.
16	20/6/1707	Bond of caution George Duncan tailor burgess of Edinburgh for Alexander Workman, flesher burgess in Queensferry, and George Steill vintner in Newhalls. Penatly of 1,000 merks.
17	4/7/1707	Bond of lawburrows Mr James Hay, writer in Edinburgh, for Steill and Workman under penalty of 1,000 merks.
18	3, 9/7/1707	Bond of caution of lawburrows John Stewart of Kinwhinlick for the earl of Bute and others, magistrates in Rothesay under penalty of 3,000 merks.
19	24/7/1707	Bond of caution of lawburrows Alexander Caithness, messenger in Leith, for William Whyt seaman in Leith under pain of 1,000 merks.
20	5/8/1707	Bond of caution George Borthwick, surgeon apothecary burgess of Edinburgh, for Samuell Wilson of Plewlands under penalty of 3,000 merks.
21	7/8/1707¹⁹	Enactment Robert Young tailor in Glasgow. He was released from imprisonment in Edinburgh Castle on 24 July and on this date enacted himself for peaceful living and good behaviour in the books of privy council under the penalty of 1,000 merks.
22	7/8/1707	Enactment George Finlay, maltman in Glasgow. He was also liberated from Edinburgh Castle on 24 July by act of privy council and was here providing his bond for peaceable living, good behaviour and promising to appear before the PC when called under the pain of 1,000 merks.
23	7/8/1707	Bond of caution of lawburrows James Cockburn, skinner burgess of Edinburgh, for William Whyt, seaman in Leith under the penalty of 1,000 merks.
24	7/8/1707	Enactment Andrew Montgomery, tailor in Glasgow. He was set at liberty from Edinburgh castle upon enacting himself for good behaviour in the books of council under the pain of 1,000 merks.
25	14/8/1707	Bond of caution of lawburrows James Millar, copper smith burgess of Canongate, for Robert Taylor, portioner of Overscotstoun under pain of 3,000 merks.
26	27/8/1707	Bond of lawburrows Henry Moncrieff, nephew of the laird of Moncreiff, for John Trail of Elsnes under penalty of 3,000 merks.
27	27, 28/8/1707	Bond of caution of lawburrows George Dalgleish, lorimer and burgess of Edinburgh, and others (merchants and writers there) for John Miller, founder burgess in Edinburgh, his wife and others (merchants and their wives and families) under the penalty of 3,000 merks.
28	30/8/1707	Bond of caution Walter Neilson, writer in Edinburgh, for Elizabeth Hunter Lady Kirktoun for some money payable to her from the tenants of her husband’s lands amounting to 300 merks.
29	4/9/1707	Enactment Barbara Fea, spouse of Patrick Trail younger of Elsness that the family of John Trail elder of Elsness were to be harmless in the ownership of their lands under the penalty of 1,000 merks.
30	9/10/1707	Bond of caution John Sandilands, wright burgess in Edinburgh, for Archibald Ogilvie, brewer in Edinburgh that the family of John Young another brewer were to be left harmless in the possession of their lands under the penalty of 1,000 merks.
31	10/10/1707	Bond of caution of lawburrows Henry Farquharson of Whythouse for George Gordon that the Lumsden brothers and their families would be unhindered in their possession of their lands under the penalty of 1,000 merks.
32	13/11/1707	Bond of lawburrows Robert Lindsay, laird of Glenquich and Robert Thomsone minister of Lethmot for Mr John Lindsay and Andrew Lindsay that the family of Turnbull of Stracathro be unhindered in their possession of their lands under the penalty of 1,000 merks.
33	13/11/1707	Bond of lawburrows laird of Snatorane(?) for William Strachan of Ballnakellie and his son under the penalty of 3,000 merks.
34	21/11/1707	Bond of caution of lawburrows George Turnbull of Balglassie for John Turnbull elders and youngerof Stracathro under penalty of 3,000 merks.
35	4/12/1707	Bond of caution John Young brewer burgess of Edinburgh for Archibald Ogilvie brewer burgess in Edinburgh under the penalty of 1,000 merks.
36	26/12/1707	Bond of caution of lawburrows Thomas Duncan, merchant in Moffat, for James Duncan, writer in Edinburgh under the penalty of 1,000 merks.
1708 arranged [43 items]
		Memorial from the Bank and recommendation to the Lords of Session
1	20/4/1708	Memorial by the directors of the Bank of Scotland concerning the recoinage.
2	28/4/1708	Recommendation to the lord of session to inspect the Bank and determine the quantity of Scots coin called in there as was ordered in a proclamation.
3	28/4/1708	PC recommends to itself and the lords of session to name committees to go to the bank and inspect the coin. There is an interesting section in the second paragraph in which it states that, since the council’s ‘power and Commission terminats the first of may’ then it was the Session that was to see to it that these inspections were carried out.
4	15/6/1708	‘Note of Scots Crowns old & new, Fourty, Twenty & Tenn shilling peeces lyeing in the Bank 15^th June 1708′

		Bonds of caution 1708
5	31/1/1708	Bond of caution of lawburrows for James Duncan, former notary public and writer in Edinurgh.
6	27/3/1708	Bond presentation Alexander Abercrombie of Afforsh(?) to the provost and magistrates of Edinburgh.
7	22-29/3/1708	‘List of persons wryt to by the Advocat’
8	undated	Petition of George More of Leckie who was suspected of high treason or treasonable practices.
9	January – April 1708	‘Warrants of Proceedings of the Privy Council of Scotland 1708 of which there is no Record’²⁰ 25 January: Proclamation for seamen and landmen to enter onto her majesty’s ships of war. Bill of lawburrows Elizabeth Campbell upon Colin Campbell of Elsiter and John Campbell his brother. 2 February: Proclamation for the more effectual recruiting of her majesty’s land forces and the marines. 6 February: Bill the agent for the Kirk against Mr Louis Gordon sometime minister at Kirkcaldy. 26 February: Bill of lawburrows Thomas Logie merchant in Edinburgh against Archibald Ogilvie brewer there. 1 March: Proclamation for the better recruiting of her majesty’s land forces and the marines. 2 March: Bill of lawburrows John Strachan of Graycrook against John Robertson and his spouse. 8 March: Bill lawburrows John Hill shipmaster in Queensferry against Henry Swintoun and others. 9 March: Minutes of council. 10 March: Proclamation for a general fast and humiliation to be observed throughout Scotland on 1 April 1708. 13 March: Approbation for raising men within the town of Edinburgh. 15 March: Proclamation against papists. Committee for drawing up an answer to the queen’s letter. 16 March: Proclamation restoring the Scots species of coin (10, 20 & 40 shilling) to their former ‘currencie’ (value). 19 March: Act in favour of Captain William Douglas of Skirling. 23 March²¹: Bill caption John Innes of Borlum and William Innes of Sandsyde. Bill caption John Strachan and John Roberston and his spouse. 25 March: Declaration requiring all officers and soldiers to observe strict discipline. 29 March: Proclamation for seizing James Ogilvie younger of Boyn. 9 April: Act in favour of Colonel William Murray and other recruiting officers in Major General Collzier’s regiment. 13 April: Act finding Bryce Darleith fairly engaged to serve her majesty under Captain Hugh Schaw. 19 April: Proclamation for the better recruiting of her majesty’s land forces and the marines. 23 April: Proclamation for dissolving this present parliament and declaring the speedy calling of another. 28 April: Proclamation for calling a new parliament. 29 April: Proclamation for a solemn national thanksgiving.
10	12/1/1708	Proclamation calling in the Scots coins old and new of 40, 20 and 10 shilling pieces.
		Warrants of Privy Council, 26 January – 3 February 1708 ‘Proceedings of a Committee appointed for making tryall anent the murder of Ensign Oswald’
11	26/1/1708	Committee for taking trial anent the murder of Ensign Oswald and examining witnesses. Sederunt: Lord Ross, Lord Advocate, Sir Robert Sinclair and Lord Provost of Edinburgh. Goodtrees elected praeses. First statement is taken from Captain Douglas in Major General Hamilton’s regiment. Second is from Lieuetenant Burnet in Colonel Preston’s regiment.
12	26/1/1708 – 3/2/1708	Committee for taking trial anent the murder of Ensign Oswald and examining witnesses. Sederunt 26 January: Lord Ross, Lord Advocate, Sir Robert Sinclair, Lord Provost of Edinburgh. Goodtrees elected praeses. Statements from Captain Douglas, Lieutenant Burnet and Corporal William Smith from Lord Strathnaver’s regiment, Lieutenant William Lindsay in Lord Strathnaver’s regiment and ensign Charles Cox in the same regiment plus William Nicolson, a coachman. Sederunt 3 February: Lord Advocate and Lord Provost of Edinburgh. Statements taken from James Law of Hillhouse, John Anstruther (waiter) and John Frigg, a soldier in Lord Strathnaver’s regiment.
13	26/1/1708	Committee for taking trial of Ensign Oswald’s murder and examining witnesses. Sederunt: Lord Ross, Lord Advocate, Sir Robert Sinclair and Lord Provost of Edinburgh. Statements taken from Lieutenant William Lindsay, Ensign Charles Cox, and Walter Leith (aged 14) servant to William Nicolson, coachman.
14	26/1/1706	Committee for taking trial of the murder of Ensign Oswald and examining witnesses. Sederunt: Lord Ross, Lord Advocate, Sir Robert Sinclair, Lord Provost of Edinburgh. Goodtrees elected praeses. Statements taken from Lieutenant William Lindsay, Ensign Charles Cox, Corporal William Smith, and Walter Leith.
15	26/1/1708	Committee for taking trial of the murder of Ensign Oswald and examining witnesses. Sederunt: Lord Ross, Lord Advocate, Sir Robert Sinclair and Lord Provost of Edinburgh. Goodtrees as praeses. Statements taken from Captain Douglas and Lieutenant Burnet
16	28/1/1708	Bond from Captain Douglas and his cautioner to compear before the privy council when called for.
17	28/1/1708	Committee for taking trial of the murder of Ensign Oswald and examining witnesses. Sederunt: Lord Ross, Lord Advocate and Sir Robert Sinclair. The committee met and ordered sentinels to order the liberation of Cpatian Douglas and Lieutenant Burnet from their confinement but held them on bail until the committee was to meet again on 3 February.
18	29/1/1708	Bond for lieutenant Burnet and his cautioner to compear before the privy council.
19	28/1/1708	‘Dilligence The freinds of the deceast Ensigne Oswald against witnesses’
20	2-3/2/1708	Execution against witnesses in the case of the murder of ensign Oswald. David Grahame, one of the council’s macers, had gone to the dwellings of the witnesses with copies of their summons but had been unable to find them in person, even with six knocks of their doors! So he left he summons ‘in the lock hole of the most patent doar of each of the saids persons their dwellings’.
21	3/2/1708	Committee for taking trial of the murder of Ensign Oswald (which occurred on 25 January) and examining witnesses. Sederunt: Lord Advocate and Lord Provost of Edinburgh. Statements from James Law of Hillhouse, Lieutenant Lindsay captain of the Netherbow guard, John Anstruther waiter, John Frigg, corporal William Smith, and William Aikman shoemaker.
22	3/2/1708	Committee for taking trial of the murder of Ensign Oswald and examining witnesses. Sederunt: Lord Advocate and Lord Provost of Edinburgh. Statements taken from James Law of Hillhouse, John Anstruther, John Frigg, William Smith, William Aikman
23	26/1/1708	Bill of caution and lawburrows Elzabeth Campbell and others against Colin Campbell of Elister and John Campbell his brother.
24	26/2/1708	Bill of lawburrows Thomas Loge against Archibald Ogilvie
25	6/2/1708	Bill of complaint the agent for the Kirk against Master Louis Gordon, sometime minister at Kirkcaldy for intrusion into the kirks of Kenmure and Dunvennan in contravention of both the 1695 church act and the act of union.
26	2/3/1708	Letter signed by Goodtrees, I think to the queen and her chief ministers, regarding the punishment of church intruders and the need to cooperate with other civil jurisdictions to remove them. It also mentions the compilation of ‘accounts’ of those who failed to observe allegiance to the queen and her government. In addition, it mentions the need for all ministers in the kingdom to swear the oath of allegiance and subscribe the assurance plus pray for her majesty.
27	2/3/1708	Double of the above letter regarding the identification and punishment of church ministers who were disaffected to the government and the queen.
28	8/3/1708	Bill of lawburrows John Hill against Henry Swintoun and others.
29	2/3/1708	Bill of lawburrows John Strachan of Graycrook against John Robertson and his spouse.
30	9/3/1708	Minutes of council 9 March.²² Intelligence gather concerning the French invasion. Several people²³ Earl of Northesk as admiral of the area around Montrose, where some of the Dutch fleet had been wrecked, was to try to salvage some of their gunpowder and other ammunitions. Following a memorial about the condition of the castles of Stirling, Edinburgh, Dumbarton and Blackness, Major General Maitland was to investigate and bring into the next council day a report regarding this. People appointed by the late commission of the GA compeared before PC and presented a request that there might be a day of general fast and humiliation to thank god and aid in the defending of the nation against the potential invasion. They asked for ‘the Court Sanction’ for this which the PC granted. Adjourned until tomorrow (10 March) at 10am.
31	13/3/1708	Approbation for raising men in the town of Edinburgh.
32	10/3/1708	Proclamation for a general fast and humiliation to be observed throughout the kingdom on 1 April. There are some interesting aspects to this proclamation, such as the warning that the French invasion threatened ‘the utter overthrow of of Religion, Liberty and all that can be dear to good men’. This is couched in the similar kind of language as William’s declaration and the article of grievance. The proclamation is signed by Forbes, Goodtrees, Ross, Torpichen, Adam Cockburn, Arnieston, Anstruther, James Erskine, Rovert Sinclair, Samuel McLellan, Lauderdale, Northesk, Forfar, Ruglen, Cromarty, and Haddo.
33	15/3/1708	Committee to compile a letter of thanks to the queen in response to her letter concenring the intended invasion.
34	15/3/1708	Macers to require Kenneth McKenzie indweller int eh Canongate to attend the council the next day.
35	19/3/1708	Act in favour of Captain William Douglas of Skirling.
36	16/3/1708	Proclamation restoring Scots coins (10s, 20s, 40s) to their previous value.
37	23/3/1708	Bill caption John Innes of Borlum and Alexander Frazer agaistn William Innes of Sandsyde and others.
38	23/3/1708	Bill caption John Strachan of Graycroo against John Robertson and his spouse.
39	11/4/1708	Letter from the heritors and kirk session of Gargunnock to the privy council. They testified that George Moir of Leckie had not been abroad with those people who had met at the border of the highlands but had simply gone ‘over to Argolie’. They also testified that he was infirm and unable to attend the PC.
40	9/4/1708	Act in favour of Colonel William Murray and other recruiting officers in Major General Collzier’s regiment.
41	13/4/1708	Leven represented to the PC that the lord advocate (as a JP) had arrested Bryce Dalkeith who had voluntarily signed up to serve in her majesty’s foerces under Captain Hugh Shaw. The PC discharged Goodtrees’ arrest and any other by another JP.
42	29/4/1708	Proclamation for a solemn national thanksgiving. Follows a similar tenor to the previous one of these and it was called due to the intended invasion.

1. None of the items in the list below have been scored out.

2. This entry has a cross next to it in the margin.

3. This entry has a cross next to it in the margin.

4. This entry has a cross next to it in the margin.

5. None of the items below have been crossed out.

6. The hand looks a lot like that of Robert Forbes, PC clerk, so he could plausibly have sent this.

7. On the reverse of this document, it states: ‘The double of the Duke of Queensberries Commission no in the Sederunt but a blank left in the register for booking it when found’.

8. None of the items below have been scored out.

9. While all commissioned councillors are listed here there are no marks next to their names as there normally are to denote their attendance at the council, so it is unclear who, if anyone, attended this meeting.

10. None of the items below have been scored out.

11. This entry has been crossed out.

12. None of the entries below have been scored out.

13. This bond names each one of the colliers and 5 of them signed their names to the bottom of the bond.

14. This consists of two separate documents and 4 ½ folio size pages, listing many warrants in March and early April.

15. This letter is encased in a blue bit of card with some terrible 19^th or 20^th century handwriting on the front explaining what the letter concerns.

16. On the rear of this document it says 1706 in pencil.

17. This consists of 12 pages but pages 1-4 are missing. It appears to be JPs.

18. On the reverse of this letter is written in pencil: ‘Report of 1806 it p 19 XVI’.

19. On the reverse it says 7 April, but on the front of the document and within the document proper it states that the date was 7 August.

20. This is a bundle/booklet which was compiled on 5 July 1887 and is written on lined paper. It states that this was material of which there was no record but it is unclear where this information came from. All of the entries here are listed under dated headings and all but the first entry have a tick next to them which has been added in pencil in the margin.

21. This has been added in below the entry from 25 March.

22. No sederunt recorded.

23. Some of the same individuals as recorded in the warrants of PC in Leven and Melville papers (GD26/7/128).

NRS, PC12/1706 (box 9) – Inventories of Miscellaneous Boxes

Posted on May 9, 2024 by Philip Ward

NRS, PC12/1706 (box 9) – Inventories of Miscellaneous Boxes

23-31 July 1706 [60 items]
1	23/7/1706	Sederunt and minutes of council 23 July, at the Council Chamber Sederunt: Marquis of Montrose (P), Earl of Buchan, Earl of Findlater, Earl of Northesk, Earl of Forfar, Earl of Dunmore, Lord Haddo, Lord Register, Lord Advocate, Lord Arniestoun, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Cessnock, Lord Minto. Letter from the queen adding Sir Alexander of Cessnock to the PC. Read and ordered to be recorded, then Cessnock took the oaths and his seat at the board. Libel at the instance of William Forbes of Tolquhon and Robert Wishart his forester against Mrs Mary Gordon, lady Gight and Alexander Davidson of Gight her husband. Both parties and their lawyers compeared and the libel is put to probation. Committee named to meet the next day at 10am, to advise on the matter and hear witnesses. Commutation of Bessie Muckiesone’s sentence ‘ut in scriptis’ Petition from the magistrates of Glasgow concerning the Irish ship taken by Captain Mathew Campbell. Case recommended to the court of admiralty and the treasury was ordered to pay those on the ship some money for their cargoes etc. Petition from the officers of Brigadier George Hamilton’s regiment for raising recruits. Keepers of Canongate tolbooth and other tolbooths around the kingdom were to make their prisons available to these officers for raising recruits. Petition from James Mercer of Clavadge and answers thereto from David Drummond of Innermay. Committee named to deal with the matter and meet at 10am the following day. Petition from Francis Paton, David Finlaysone and William Cunninghame. PC ordered the keepers of Edinburgh tolbooth to set the latter two at liberty. PC renews the warrant on Broomhall’s petition ‘ut in scriptis’. Adjourned until next Thursday at 4pm.
2	23/7/1706	Supplication of Bessie Muckisone, prisoner in the tolbooth of Edinburgh.
3	23/7/1706	Petition from the provost and magistrates of Glasgow. Council decision signed by Montrose overleaf.
4	23/7/1706	Commutation of sentence of death against Bessie Muckiesone to banishment. Her crime was concealing the birth of her child. PC decision signed by Montrose, Buchan, Findlater, Northesk, Forfar, Dunmore, Goodtrees, Anstruther, Pollock and Cessnock.
5	23/7/1706	Petition of the officers of Brigadier Hamilton’s regiment. Council decision signed by Montrose recorded overleaf.
6	23-30/7/1706	Petition from Francis Paton, notary in Stirling, David Finlayson, merchant, and William Cunningham, messenger. PC decisions from 23 and 30 July signed by Montrose overleaf.
7	23/7/1706	Not eof business 23 July¹ Libel William Forbes of Tolquhon against the Lady Gight. Petition poor Bessie Muckiesone Petition for the town of Glasgow Petition for the officers of Brigadier Hamilton’s regiment Petition for Mercer of Clavadge and answers by Innermay Petition David Finlaysone and others.
8	24/7/1706	Letters of reconvention Mary Gordon lady Gight and her husband against Robert Wishart forester to the laird of Tolquhon and John Duncan his gardener.
9	24/7/1706	Letters of reconvention James Spence bailie of Brechin against James Cowie and David Young former bailies.
10		Letters of reconvention James Spence against Francis Molysone ‘pretended’ bailie of the burgh of Brechin and James Erskine, the justiciar of the burgh.
11	25/7/1706	Sederunt and minutes of council 25 July at the council chamber Sederunt: Marquis of Montrose (P), Earl of Buchan, Earl of Findlater, Earl of Northesk, Earl of Forfar, Earl of Dunmore, Earl of Cromartie, Lord Haddo, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Cessnock, Lord Minto, Laird of Cavers Douglas. Libel at the instance of Justice Meldrum writer in Edinburgh against James Gordon messenger and William Gordon his son. Principal libel and libel of reconvention both admitted to probation. Committee named to settle the case and hear witnesses to meet at 10am the following day. Adjourned until next Thursday at 4pm.
12	25/7/1706	Note of business 25 July² Libel Justice Meldrum against James Gordon Process to be advised William Cochrane of Ochiltree against Liuetenant Colonel John Erskine ‘& e contra’. Petition for Sir Thomas Wallace Petition for Patrick Corser Petition David Craigie against Nisbet of Carphin Petition for Francis Paton Petition Anthony Spencely Petition for the Laird of Gight
13	undated	‘Interrogators for Justice Meldrum’s witnesses against James & William Gordons’. 3 items to be brought up in the interrogations.
14	23/7/1706	Letters Justice Meldrum against Gordons. Council decision from 25 July signed by Montrose recorded overleaf.
15	undated	List of Justice Meldrum’s witnesses
16	23-25/7/1706	Letters of reconvention Justice Meldrum against the two Gordons.
17	undated	Execution against James Irvine writer in Edinburgh (in the Meldrum v Gordons case).
18	undated	Execution against witnesses (in the Meldrum v Gordons case).
19	undated	Execution against the defenders (in the Meldrum v Gordons case).
20	undated	Printed ‘Answers for James Gordon Messenger in Edinburgh, and William Gordon his Son. To the Libel pursued before the Lords of Her Majesty’s Privy-Council, by Justice Meldrum Writer in Edinburgh, against them.’
21	24-25/7/1706	Execution against witnesses in the case between Meldrum and the two Gordons.
22	24/7/1706	Note about letters of reconvention in the case between Meldrum and the two Gordons.
23	24/7/1706	Letters of reconvention James and William Gordon against Justice Meldrum.
24	25/7/1706	Execution of witnesses in the case between Meldrum and the two Gordons.
25	25/7/1706	Declaration by the sheriff clerk of Edinburgh of the fining of Justice Meldrum & William Gordon.
26	25/7/1706	Interlocutor in the mutual process Cochrane of Ochiltree against Lieutenant Colonel Erskine. Signed by Montrose.
27	undated	Printed ‘Information for William Cochran of Ochiltrie, William Cochran his Eldest Son, George Wilson of Sands and Others, Against Lieutenant-Colonel Erskine’
28	undated	Interrogators for Ochiltree’s witnesses against Colonel Erskine
29	undated	Answers for Lieutenant Colonel John Erskine of Carnock and others in the process of the laird of Ochiltree and others against them
30	undated	Interrogators by Colonel Erskine to the witnesses adduced by him against Ochiltree and others
31	undated	Printed ‘Information for Lieutenant Colonel Erskine of Carnock Against the Lairds of Ochiltry; George Wilson of Sands and others upon the mutual Processes depending before Her Majesties Privy Council’
32	undated	‘I William Cochrane of Ochiltree doe in all humilitie decline the Right Honorable The Earle of Buchan from being Judge in the cause betwixt Lewtenant Collonel Erskine & me In regaird his Lordship is nephew to the Collonel’. Signed by Cochrane.
33	undated	Double of the above refusing Buchan to be involved in the process, signed by Cochrane.
34	undated	Printed ‘Information for William Cochran of Ochiltire, Against Lieutenant Colonel John Erskine, and the other Persons convened in the Council Complaint, at the instance of the said William Cochran’.
35	undated	Answers for Sir William Cochrane of Ochiltree and others to the complaint given in by Colonel Erskine against them.
36	27/7/1706	Obligation Arbigland to Barnhowry. Two signed declarations are appended to this.
37	27/7/1706	Consent of liberation Adam Crack of Arbigland and John Murray
38	27/7/1706	Execution of letters of reconvention laird of Tolquhon against Lady Gight.
39	29/7/1706	Execution of letters of reconvention James Spence bailie of Brechin against James Erskine.
40	29/7/1706	Execution of letters of reconvention James Spence against Alexander Young and others.
41	29/7/1706	Execution of letters of reconvention lady Gight against Tolquhon and others.
42	29/7/1706	Letters the lady Gight and her husband against Thomas Selbie, butler to the laird of Tolquhon
43	29/7/1706	Execution Dick and Carnegies against Dame Isobell Hay
44	30/7/1706	Sederunt and minutes of council 30 July at the council chamber. Sederunt: Marquis of Montrose (P), Earl of Buchan, Earl of Eglington, Earl of Lauderdale, Earl of Findlater, Earl of Northesk, Earl of Forfar, Earl of Cromarty, Lord Haddo, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Cessnock, Lord Minto, Laird of Cavers Douglas, Lieutenant Colonel Erskine. Buchan notifies the council of some objections offered against the witnesses adduced by the laird of Tolquhon. They are remitted to the committee formerly named to deal with the matter. Warrant for liberating Anthony Spencely. Letter from the queen reducing some of the forces in order for a company of foot to be raised and placed at Blackness Castle. Libel at the instance of James Erskine, the earl of Mar’s brother against James Spence present bailie of Brechin. Both parties compeered with their lawyers and the principal libel at the instance of Erskine is found relevant and proven. Spence was to be fined, imprisoned in the tolbooth and deprived of his office of magistrate. Petition from Lady Kilravock in her name and on the behalf of her son, Arthur Ross, who was a prisoner in Algiers. Remitted to Goodtrees to contact the laird and to encourage him to advance the ransom for Arthur Ross. Petition of James Thomson oversman in Kincardine and other colliers there. The magistrates of Edinburgh were to receive the persons of the petition as prisoners there and to hold them there until the next Saturday at midday. The PC suspends the payment of the fine (1,000 merks) against the petitioners. Petition from Francis Paton notary in Stirling and others but no answers were given in to that. The keepers of Edinburgh tolbooth are ordered to set Paton at liberty. Petition from Thomas Wallace of Craigie advocate and it is to be seen and answered the next council day. PC adjourned until next Thursday at 10am.
45	30/7/1706	Note of business 30 July. Libel Mr James Erskine against James Spense Libel Provost Doig against bailie Molysone Libel and Reconvention the lady Gight against Tolquhon and Selbie Process to be advised bailie Corbett against the Deacon convenor of Dumfries Petition of the laird of Ochiltree Petition Anthonie Spencelie and answers thereto Petition for the laird of Gight Petition from Francis Paton Petition for Patrick Corser Petition for William Rannald Petition for bailie Corbet Petition for Colonel Erskine’s colliers
46	undated	Printed ‘Petition of The Lady Kilravock in Name and behalf of Arthur Ross her Son, now Prisoner with the Piratical Turks at Algiers’. Council decision signed by Montrose overleaf.
47	30/7/1706	Printed ‘Petition of James Thomson Oversman, John Thomson, James Snowden, James Paton, John Thomson, Thomas Peacock, Thomas Smith, James and Walter Youngs John Crockat younger, all Coalliers in Kincardine and Tulliallan’. Unsigned council decision recorded overleaf.
48	25/7/1706	Printed ‘Petition of Anthony Spencely, Englishman’
49	undated	Printed ‘Petition by way of Answer For John Dick Writer in Edinburgh, To the Bill given in against him by Anthony Spencely Enlgishman’.
50	30/7/1706	Execution of letters Lady Gight against Selbie.
51	30/7/1706	Warrant from the privy council for imprisoning the colliers. Signed by Montrose.
52	30/7/1706	Council warrant for liberating Anthony Spencelie. Signed by Montrose.
53	30/7/1706	Warrant to the commander-in-chief in favour of the earl of Buchan. Signed by Montrose.
54	30/7/1706	Interlocutor on Francis Paton’s petition. Signed by Montrose.
55	30/7/1706	List of the parties and witnesses in the case between Mr James Erskine against bailie Spence
56	30/7/1706	Warrant for receiving Tolquhon’s witnesses ‘cum nota’. Signed by Montrose.
57	30/7/1706	Letters of reconvention James Spence against James Erskine.
58	30/7/1706 – 6/8/1706	Petition Sir Thomas Wallace of Craigie. PC decisions on 30 July and 6 August both signed by Montrose recorded overleaf.
59	30/7/1706	Letters Mr James Erskine against James Spence.
60	30/7/1706	Committee for examining the witnesses in the libel between William Forbes of Tolquhon and the Lady Gight. Sederunt: Earl of Buchan, Earl of Findlater, Lord Haddo and the Earls of Northesk and Dunmore came in later. Buchan elected praeses.
2-31 July 1706 [74 items]
1	2/7/1706	Extract sentence and decreet the procurator fiscal and his informer against Janet Stewart
2	3/7/1706	Extract sentence of the inquest and interlocutors following upon tat the instance of Thomas Crombie procurator fiscal of Teviotdale against Margaret Brown, Agnes Ogilvie, and Elizabeth Baikie
3	3/7/1706	Decreet and extract of the process Thomas Crombie against Margaret Brown, Agnes Ogilvie and Elisabeth Baikie, ‘Egiptians’.
4	3/7/1706	Lieutenant Colonel John Erskine against Cochrane of Ochiltree and others.
5	11/7/1706	Libel of reconvention Colonel John Erskine against Cochrane of Ochiltree and others. Committee appointed to examine witnesses in PC decision recorded overleaf and signed by Montrose.
6	4/7/1706	Sederunt and minutes of council 4 July at the council chamber. Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Glencairn, Earl of Northesk, Earl of Balcarres, Earl of Forfar, Earl of Dunmore, Earl of Ruglen, Earl of Cromarty, Lord Haddo, Lord Elibank, Lord Register, Lord Advocate, Lord Anstruther, Lord Rankeillor, Lord Tillicoultry, Lord Minto. Montrose acquainted the council with a letter he had received from Loudoun, one of the principal secretaries of state, concerning a convoy of ships coming from Gothenburg. Petition of lieutenant colonel Erskine. PC allows Erskine’s ‘workmen’ who are cited in the libel case before the privy council to return to their work seeing that he had enacted himself in the books of privy council. Libel at the instance of William Cochrane of Ochiltree against Lt Col Erskine. Both parties and their lawyers compeared before the council and the libel was admitted to probation. Committee appointed to meet at 10am the next day and examine witnesses. Bill of suspension John McWhirter of Garryhorne against Margaret Kennedie, lady Ardmillan. Appointed to be seen and answered the first council day of August. PC adjourned until next Thursday at 4pm.
7	4, 8, 10/7/1706	Information in the case between Lt Col Erskine and Cochrane of Ochiltree.
8	undated	Printed ‘Information For William Cochran of Ochiltrie, William Cochran his Eldest Son, George Wilson of Sands and Othes, Against Lieutenant-Colonel Erskine’.
9	4/7/1706	Petition of Colonel John Erskine of Carnock. Council decision signed by Montrose recorded overleaf.
10	4/7/1706	Letters Cochrane of Ochiltree against Lt Col Erskine and others. Council decision signed by Montrose overleaf.
11	4/7/1706	Execution Thomas Ross tenant and officer of John Glass of Sauchie against David Finlaysone and others.
12	4/7/1706	Letters Thomas Ross and others against Finlayson and others. Council decision signed by Montrose overleaf.
13	4/7/1706	Warrant to Sir Robert Forbes (PC clerk) to acquaint Mr Lyell at Elshmore of the convoy coming from Gothenburg with some Scots ships there. Signed by Montrose.
14	4/7/1706	Note of business 4 July.³ Libel William Cochrane of Ochiltree Petition for Lt Col Erskine Bill of suspension Mcquhirter of Garryhorne
15	5/7/1706	Committee for examining the witnesses in the libel William Cochrane of Ochiltree against Lt Col Erskine of Carnock. Sederunt: Earl of Balcarres, Earl of Cromarty, Lord Haddo, plus Earl of Glencairn, Earl of Rothes and Lord Register came in later. This bundle consists of 16 pages of witness statements, plus the two below loose sheets: Call the reconvention Lt Col Erskine pursuer (list of litigants and witnesses). Call William Cochrane of Ochiltree (list of litigants and witnesses).
16	undated	Depositions of the witnesses adduced for Ochiltree in the process against Colonel Erskine.⁴
17	6/7/1706	Execution of the letters raised at the instance of Thomas Ross against David Finlaysone and others.
18	6/7/1706	Execution of the letters raised by Thomas Ross.
19	undated	Printed ‘Petition of George and Lachlan Rattrays’
20	11/7/1706	Sederunt and minutes of council 11 July at the council chamber. Sederunt: Marquis of Montrose (P), Earl of Buchan, Earl of Northesk, Earl of Forfar, Earl of Dunmore, Earl of Cromarty, Lord Haddo, Lord Elibank, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Minto. Order for transporting French prisoners from Greenock to Glasgow Memorial from Captain Thomas Gordon, skipper of the ship the Royal William. PC allows him to take on board the guns which formerly belonged to the Bass Rock. Report of the committee for revising the process against George and Lachlan Rattray, prisoners at Inverness for the crimes of charming and witchcraft. Considered with a petition from the two men. PC ratifies and approves of the sentence of death against them. Suspends this until the first council day in September. PC orders the sheriff depute of Teviotdale and his depute to transport Margaret Brown, Agnes Ogilvie and Elizabeth Baillie (‘beggars, vagabonds & egyptians’) from the tolbooth of Jedburgh to the correction house of Edinburgh. They were to remain there until their banishment to the plantations. Libel of reconvention at the instance of Lt Col Erskine against Cochrane of Ochiltree. Both parties and their lawyers were present and the libel was admitted to probation. A committee was named to meet at 10am the next day and to report back. Second diligence was also granted against absent witnesses. Robert Forbes (clerk) reported that some of the witnesses in the libel between bailie Cobert and the deacon convener of Dumfries were present and ready to depone. Remitted to a committee to meet and take their statements. Warrant for transporting Janet Stewart from Clackmannan to the correction house of Edinburgh. Petition from William Watt indweller in the Canongate. PC allows him the right of erecting and using an ‘Engine of a wheel’ which around 8 people would be put to for recreation and health. Bill of suspension David Craigie younger of Gairsie. Nisbet of Carphin to see and answer this the next council day.
21	undated	Printed ‘Supplication of William Watt Indweller in Cannongate’. PC decision from 11 July recorded overleaf and signed by Montrose.
22	11/7/1706	Note of business 11 July.⁵ Libel reconvention Lt Col Erskine against the laird of Ochiltree and others Libel the agent of the Kirk against intruders at Leith Petition William Watt indweller in Canongate Petition for George and Lachlan Rattray Petition for Patrick Corser merchant in Dundee Bill of suspension Craigie of Gairsie younger against Nisbet of Carphine
23	11/7/1706	Robert Forbes acquaints the board that the witnesses in the case between bailie Corbet and the deacon convener of Dumfries were available for deposition. Signed by Montrose.
24	11/7/1706	Committee for examining bailie Corbet’s witnesses. Signed by Montrose.
25	11/7/1706	Warrant for transporting Janet Stewart (‘a nottorius thieff’) from the tolbooth of Clackmannan to the correction house of Edinburgh. Signed by Montrose.
26	11/7/1706	Warrant for transporting Margaret Brown and others from the tolbooth of Jedburgh to the Edinburgh correction house. Signed by Montrose.
27	11/7/1706	Memorial for Captain Gordon. PC decision signed by Montrose at the bottom.
28	11/7/1706	Issue remitted to the high court of admiralty – a French ship taken and an Irish ship retaken by Captain Campbell.
29	11/7/1706	Order for transporting French prisoners from Greenock to Glasgow.
30	11/7/1706	Report of the committee anent the Rattrays tried at Inverness for charms. Committee proceedings signed by Goodtrees and Montrose.
31	12-16/7/1706	Committee for examining the witnesses in the reconvention Lt Col Erskine against Cochrane of Ochiltree and others. 11 pages of witness statements on three different days. Sederunt, 12 July: Earl of Northesk, Lord Rankeillor, Earl of Cromarty came in after. Rankeillor praeses. Sederunt 13 July: Earl of Forfar and Lord Haddo. Sederunt 16 July: Earl of Northesk and Earl of Cromarty.
32	12/7/1706	Depositions of witnesses from the ‘Committee for examining the witnesses adduced for Baillie Corbett & others against the deacon Conveener of Drumfries & others’. Sederunt: Earl of Buchan and Earl of Cromarty.
33	undated	‘Interrogators for John Irvin Deacon Conveener and others against Baillie Corbet and others’. Signed by Gilbert Elliot.
34	undated	Printed ‘Short Remarks on The gross Misrepresentations advanced by Baillie Corbet, in his Information to the Lords of Council Against The Deacon Conveener of Dumfries’.
35	undated	Roll of parties and witnesses The Deacon Conveener of Dumfries against Baillie Corbat and others.
36	undated	Printed ‘Petition of Robert Corbet, late Baillie in Dumfries, Against John Irvine Conveener’.
37	undated	Roll of parties and witnesses Baillie Corbet & Cornet Dunbar against Irvine and others.
38	undated	Printed ‘Petition of Robert Corbet, late Baillie in Dumfries, Against John Irvine Conveener’. (Same as above)
39	undated	Interrogators for the witnesses adduced by bailie Corbet against John Irving and others
40	undated	Interrogators for the witnesses adduced by bailie Corbet against John Irving and others
41	undated	Printed ‘An Exact Double of the Act of Town Council of Dumfries, approving of Bailie Corbet’s Management, in securing the Person of Henry Alexander’
42	undated	Printed ‘Information for John Irving Deacon Conveener, Robert Newall, and others of the Trades of Dumfries’.
43	undated	Printed ‘Coppy of the Depositions of the Witnesses, Adduced by John Corbet Bailie of Drumfrice and others’
44	undated	Printed ‘Information for Cornet Dunbar, and John Corbet Bailie in Dumfries, Against John Irvine Deacon-Conveener , and many other of the Deacons and Trades of that Burgh.’
45	14/7/1706	Depositions of witnesses in the second libel at the instance of Craik of Arbigland against John Murray – committee proceedings. Sederunt of committee: Earl of Buchan, Lord Tillicoultry and Lord Minto. Buchan elected praeses.
46	16/7/1706	Sederunt and minutes of council 16 July at the council chamber. Sederunt: Marquis of Montrose (P), Earl of Buchan, Earl of Northesk, Earl of Forfar, Earl of Dunmore, Earl of Cromarty, Lord Haddo, Lord Torpichen, Lord Elibank, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Minto, Laird of Cavers Douglas. Archibald Douglas of Cavers Douglas qualified himself as a privy councillor. Letter from the queen adjourning parliament until 29 August. Proclamation for adjourning parliament read and ordered to be printed. Libel Thomas Ross tenant and officer to John Glass of Sauchie and others against David Finlaysone and others. Libel admitted to probation and a committee is named to meet the next day at 10 am and report back. Petition of Archibald Viscount Kingston. Remitted to a committee which was to meet the following day at 10am. Interlocutor upon the petition by the magistrates of Glasgow. PC orders the commander in chief to command a troop of soldiers to go onto the ship the Dumbarton Castle at Greenock. Petition of John Irving deacon convenor at Dumfries. To be seen and answered by bailie Corbet the next council day. Petition by James Buchanan wright burgess in Edinburgh and William Roger a merchant there. PC allows them the right for ‘using and exposing the vaulting Chair and swinging robe for devertisments’. Bill of suspension David Craigie of Gairsie with answers from Nisbet of Carphin. Order for executing the sentence of death against George and Lachlan Rattray. PC adjourned until next Thursday at 4pm.
47	16/7/1706	Bill of suspension Craigie of Gairsie against Nisbett of Carphin.
48	16-18/7/1706	Printed ‘Petition of John Irvine present Conveener of the Trades of Dumfries and others’. Signed council decisions from 16 and 18 July both signed by Montrose overleaf.
49	16/7/1706	Order for putting some forces on board the ship the Dumbarton Castle
50	16/7/1706	Act in favour of James Buchanan and William Rodger
51	undated	Printed ‘Petition of James Buchanan Wright Burges of Edinburgh, and William Roger Merchant there, with Concourse of William Mclean Master of Ravells, for his Interest.’ PC decision signed by Montrose recorded overleaf.
52	16/7/1706	Printed representation from Archibald Viscount Kingston. PC decision signed by Montrose recorded overleaf.
53	16/7/1706	Printed petition from the town of Glasgow. PC decision signed by Montrose overleaf.
54	16/7/1706	Note of business 16 July Libel Thomas Ross and others against Finlaysone and others Libel agent for the Kirk against Millar and Adamsone Petition for the Viscount Kingston Petition for John Irvine deacon convener of Dumfries Petition for James Buchanan wright in Edinburgh Petition for Patrick Corser
55	16/7/1706	Approbation of the committee report and sentence of death pronounced against George and Lachlan Rattray in Inverness. Signed by Montrose, Buchan, Northesk, Forfar, Torpichen, Elibank, Goodtrees, Gilbert Elliot, Cavers Douglas(?)
56	16/7/1706	Scroll Act approving of the proceedings of the commissioners appointed for trying George and Lachlan Rattray
57	17/7/1706	Committee for examining the witnesses in the libel between Thomas Ross and others against David Finlaysone and others. Sederunt: Earl of Buchan, Lord Torpichen, and the following came in after; Earl of Northesk, Lord Haddo. Buchan elected praeses.
58	18/7/1706	Sederunt and minutes of council 18 July at the council chamber. Sederunt: Marquis of Montrose (P), Earl of Buchan, Earl of Lauderdale, Earl of Northesk, Earl of Forfar, Earl of Dunmore, Earl of Cromarty, Lord Haddo, Lord Torpichen, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Tillicoultry, Lord Minto, Laird of Cavers Douglas. Libel at the instance of Thomas Ross against David Finlaysone and others. PC finds the libel relevant and proven against the defenders. Fines to be paid to the pursuers and the defenders to be transported to the Edinburgh tolbooth. PC says it will decide on the mutual process between Cochrane of Ochiltree and Lt Col Erskine in 8 days’ time peremptory. Petition from John Irving and counter petition. Decision to be made on 30 July.
59	18/7/1706	Instrument the magistrates of Glasgow against Captain Campbell.
60	18/7/1706	Note of business 18 July. Process to be advised Thomas Ross against Finlayson Process the laird of Ochiltree against Lt Col Erskine Petition for the deacon convener of Dumfries Petition from bailie Corbet Petition for Patrick Corser Petition for John Blair agent for the Kirk Petition from poor Bessie Muckieson Bill of suspension David Craigie younger of Gairsie
61	18/7/1706	Warrant for advising Ochiltree’s process against Lt Col Erskine next Thursday.
62	18/7/1706	Interlocutor in the process Thomas Ross against Finlaysone and others.
63	18/7/1706	Printed ‘Answers For David Finlayson Merchant in Stirling, William Cuninghame Messenger there, and Francis Paton nottar: To The Complaint raised at the instance of Thomas Ross Officer to John Glass of Sauchy, John Miller and Duncan Makfarline his Tennents, against them’
64	18/7/1706	Scroll decreet Thomas Ross and others against David Finlayson and others.
65	undated	Printed ‘Information for Thomas Ross &c. Tenent to Sauchie Against Finlayson, Cunningham, and Patton’. PC decision signed by Glasgow on 20 July on reverse.
66	undated	‘Interrogators for the witnesses adduced for Sauchies Tennents in the process pursued against David Findlasone’
67	undated	List of the parties and witnesses Thomas Ross against Finlayson
68	undated	Printed ‘Information For David Finlayson Merchant in Stirling, William Cunninghame Messenger there, and Francis Paton Nottar, Against Thomas Ross Officer to John Glass of Sauchie, John Miller and Duncan Mcfarland his Tenents’.
69	20/7/1706	‘Double Advocatione Meldrum queras Reid & Gordon’
70	22/7/1706	Execution against bailie Molysone
71	22/7/1706	Execution against bailie Francis Molyson in Brechin
72	22/7/1706	Execution against bailie Molysone
73	22/7/1706	Execution James Erskine against James Spence, bailie of Brechin
74	22/7/1706	Execution of letters of reconvention Mary Gordon, Lady Gight against William Forbes of Tolquhon.
1-27 June 1706 [103 items]
1	1/6/1706	Execution of letters raised at the instance of Margaret Culler Lady Barnhowry and others against Adam Craik of Arbigland and others
2	3/6/1706	Instrument John Irving convener against Provost Irving and bailie Robert Corbet
3	3/6/1706	Declaration from John Irving to bailie John Corbet and others stating that the defenders did not have to attend the privy council
4	4/6/1706	Sederunt and minutes of council 4 June at the council chamber. Sederunt: Earl of Buchan, Earl of Findlater, Earl of Forfar, Earl of Cromarty, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Tillicoultry, Lord Pollock, Lord Minto, Lord Ormistoun younger. Buchan elected praeses. Rankeillor and Tillicoultry qualify themselves as privy councillors in the usual manner. Libel Sir James Dallas of St Martins against Patrick Ogilvie and others. Defenders to submit answers to the libel before the next Thursday and in the meantime allows them to raise a reconvention and cite witnesses. Principal libel at the instance of Adam Craik of Arbigland and others against John Murray younger brother of Barnhowry and the libel of reconvention called. Both parties compeared and both libels admitted to probation. Committee named to meet the next day at 10am and examine witnesses and report back to full council. Second diligence against absent witnesses. Libel reconvention at the instance of John Irving deacon convener at Dumfries. Admitted to probation. Commission naming JPs in the shire of Banff read, voted, approved, and signed. Ordered to be recorded. Anstruther and Rankeillor ro prepare and bring into the council the next meeting a list of the JPs in Fife. Petition from Patrick Lord Kinnaird and Elizabeth late Countess of Aboyne (now Lady Kinnaird). Warrant granted to the macers to cite the Earl of Aboyne and his tutor to compear. Aliment to be provided for their children. Petition from James Mercer of Clavadge. David Drummond of Innermay to see and answer the petition before 13 June. Robert Forbes (PC clerk) acquaints the board with a letter he had receivd from several skippers and masters of ships at Danzig to apply for a warrant for Captain Gordon and Captain Hamilton (commanders of two Scots frigates) to go to Gothenberg some time in June to convoy home 25-30 Scottish ships. Goodtrees was to prepare and bring into the council for the next meeting a letter to be sent to the secretaries of state and passed on to the queen for an order to have two English frigates accompany them. PC adjourned until Thursday at 4pm.
5	4/6/1706	Note of business 4 June.⁶ Libel Adam Craik of Arbigland against John Murray and reconvention e contra Libel Dallas of St Martins against Mr Patrick Ogilvie Libel the magistrates of Perth against Mr Harry Murray and reconvention e contra Libel reconvention John Irving deacon convener of Dumfries against bailie Corbet and others Commission naming JPs in the shire of Banff Petition the lord and lady Kinnaird Petition James Mercer or Clavadge
6	4/6/1706	Petition the Lord and Lady Kinnaird. PC decision signed by Buchan recorded overleaf.
7	4/6/1706	Recommendation to the lord advocate to prepare a letter to the secretaries of state for two English frigates to go to Gothenberg and convoy home Scottish ships there.
8	4/6/1706	Commission naming JPs in Banffshire. Signed by Ormistoun younger, Buchan, Findlater, Forfar, Cromarty, Goodtrees, Anstruther, Rankeillor, Pollock, and Minto.
9	4/6/1706	Printed petition of James Mercer of Clavadge. Council decision signed by Buchan (4 June) and one unsigned (23 July) recorded overleaf.
10	4/6/1706	Committee for naming JPs in Fife – Anstruther and Rankeillor. Signed by Buchan.
11	4/6/1706	Caption John Irvine and others against witnesses.
12	5/6/1706	Execution of letters raised at the instance of Adam Craik of Arbigland against Margaret Cutler.
13	5/6/1706	Letters Craik of Arbigland against Murray and others.
14	5-6/6/1706	Execution of letters at the instance of Craik of Arbigland.
15	5/6/1706	Committee for examining the witnesses in the mutual process Adam Craik of Abigland and others against John Murray brother of Barnhowry and others. Consists of 6 pages. Sederunt: Earl of Buchan and Lord Tillicoultry.
16	6/6/1706	Sederunt and minutes of council 6 June at the council chamber. Sederunt: Earl of Buchan, Earl of Lauderdale, Earl of Findlater, Earl of Forfar, Earl of Dunmore, Earl of Hyndford, Earl of Cromarty, Earl of Hopetoun, Viscount Primrose, Lord Torpichen, Lord Elibank, Lord Register, Lord Advocate, Lord Anstruther, Lord Arnieston, Lord Rankeillor, Lord Pollock, Lord Tillicoultry, Lord Minto, Sir Robert Sinclair, Laird of Ormistoun younger. Buchan elected praeses. Petition from John Blair agent for the Kirk. PC recommends to Goodtrees to proceed against Mr James Hunter in a libel for his intrusion into the parish of St Ninians. Petition from John Calderwood merchant. Appointed to be seen and answered the next council day. Goodtrees ordered to prepare a proclamation for a national thanksgiving on 2 July and bring this into the PC the following day. This was to celebrate the victories over the French. Letter from the council to the earl of Loudoun for the convoy back to Scotland of Scottish ships currently in the Baltic. Read, approved and ordered to be transmitted to court by Buchan. Libel the agent of the Kirk against Mr John Skinner preacher at Brechin and others. Both parties compeared with their lawyers and a committee is named to hear witnesses and answers to the libel and to report back. Robert Forbes presented the witnesses in the libel of reconvention at the instance of John Irvine deacon convener of Dumfries. Committee named to take their statements the next day at 10am.
17	6/6/1706	Recommendation to Goodtrees to prepare a proclamation for a national thanksgiving
18	6/6/1706	Petition from John Blair agent of the Kirk. PC decision (recommending that Goodtrees raise a libel against Mr James Hunter) recorded and signed by Buchan overleaf.⁷
19	6/6/1706	Letter from the council to Loudoun (secretary of state) regarding the convoy of ships from the Baltic.
20	6/6/1706	Petition for John Calderwood. PC decisions on 6 June (signed by Buchan) and 23 July (signed by Montrose) recorded overleaf.
21	6/6/1706	Note of business 6 June.⁸ Libel the agant for the Kirk against Mr John Skinner Libel the agent for the Kirk against Goldman and Narie Libel the agent for the Kirk against Muir and Craig Petition the agent for the Kirk Petition John Calderwood
22	7/6/1706	Committee for examining the witnesses in the reconvention John Irvine deacon convener of Dumfries against bailie Corbet and others. 4 pages. Sederunt: Earl of Buchan, Lord Pollock, Lord Tillicoultry, Lord Minto. Minto elected praeses.
23	10, 11, 14, 17/6/1706	Execution of caption raised at the instance of John Irvine deacon convener of Dumfries.
24	10/7/1706	Execution of letters raised at the instance of the Lord and Lady Kinnaird.
25	10, 11, 14/6/1706	Declaration from the witnesses in the libel case at the instance of John Irvine against bailie Corbet.
26	undated	‘Disclamation The Magistrats of Dumfries of Bailie Corbets proceidings’
27	7/6/1706	Committee for examining the lady Barnhowry and her daughter’s witnesses. 2 pages. Sederunt: Earl of Buchan, Lord Tillicoultry.
28	8/6/1706	Sedeunt and minutes of council 8 June at the council chamber. Sederunt: Earl of Buchan, Lord Register, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Tillicoultry, Lord Minto, Laird of Ormistoun younger. Buchan elected praeses. Proclamation for a solemn national thanksgiving to be observed on 9 July. Read, approved and signed and to be recorded, printed and published.
29	11/6/1706	Sederunt and minutes of council 11 June at the council chamber. Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Findlater, Earl of Balcarres, Earl of Forfar, Earl of Dunmore, Earl of Ruglen, Earl of Cromarty, Viscount Primrose, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Pollock, Lord Tillicoultry, Lord Minto. Libel Adam Craik of Arbigland against John Murray brother of Barnhowry. Both parties compeared. Libel admitted to probation, committee appointed to examine the witnesses and meet at 10am the next day. Robet Forbes (PC clerk) represented to the board that the witnesses in the process between the agent of the Kirk and Mr John Skinner were ready for deposition and had made faith at the bar. Remitted to a committee to examine them. Libel the agent of the Kirk against Mr Alexander Muir probationer and Mr Alexander Craig sometime minister in Shetland. Pursuer compeared but neither of the defenders did so. PC grants certification against the defenders and orders letters of denunciation to be directed to them. Petition from John Corbett bailie in Dumfries. PC renews the caption formerly granted to the petitioner against the witnesses. PC considered the objections made by against some of the witnesses in the process raised against him. PC sustained the objections. Adjourned until the next Thursday.
30	11/7/1706	Letters John Blair agent for the Kirk against Muir and Craig. PC decision to send letters of denunciation their way recorded and singed by Montrose overleaf.
31	undated	Objections against John Murray’s witnesses with answers thereto.
32	11/6/1706	Interlocutor upon the libel Adam Criak of Arbigland against John Murray.
33	11/6/1706	Printed petition of John Corbet bailie of Dumfries. PC decision signed by Montrose overleaf.
34	11/6/1706	Note of business 11 June.⁹ Libel Adam Craik of Arbigland against John Murray. Libel agent for the Kirk against Muir and Craig. Libel agent for the Kirk against Mr Thomas Craven.
35	13/6/1706	Sederunt and minutes of council 13 June at the council chamber. Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Glencairn, Earl of Balcarres, Earl of Forfar, Earl of Dunmore, Earl of Ruglen, Earl of Cromarty, Lord Haddo, Lord Elibank, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Minto. Recommendation to Montrose to have a party of soldiers sent to Roxburgh to suppress vagabonds there. Libel agent for the Kirk against Thomas Creavie, Robert Calder and others. PC let the libel fall.¹⁰ Libel at the instance of Archibald Nisbet of Carphin against David Craigie of Gairsie. Libel found relevant and proven. The defender was to remove himself from the lands and hand over the tacks to Nisbet along with promising not to hinder his ownership of the lands in the future. Also had to pay him £700 Scots.
36	13-14/6/1706	Committee for examining the witnesses in the process the agent for the Kirk against Mr John Skinner. 3 pages. 13 June sederunt: Earl of Buchan, Earl of Dunmore, Lord Arniston, Lord Ansruther, Lord Minto. Buchan elected praeses. 14 June sederunt: Earl of Buchan, Lord Rankeillor, Lord Arnieston. Rankeillor elected praeses.
37	13/6/1706	Scroll decreet Nisbet of Carphin against Craigie younger of Gairsie.
38	undated	Printed petition of Archibald Nisbet of Carphin.
39	undated	Printed petition of David Craigie younger of Gairsie
40	undated	Petition of David Craigie of Gairsie and the tenants of Woodwick.
41	undated	Answers for David Craigie of younger of Gairsie and his tenants of Woodwick.
42	undated	Roll of witnesses and parties Arhcibald Nisbet of Carphin against David Craigie younger of Gairsie.
43	undted	Printed ‘Answers for Archibald Nisbet of Carphin To the Petition of David Craigie Younger of Gairsie’.
44	undated	Printed ‘Answers For Mr John Skinner Minister of the Gospel at Brechin To The Council-Libel raised against him, at the instance of John Blair Agent for the Kirk, with concourse of Her Majesty’s Advocate.’
45	undated	‘Articles to be proven by the Agent for the Kirk In his process Againtst Mr John Skinner’.
46	undated	Representation for John Blair against John Skinner intruder at Brechin
47	13/6/1706	Note of business 13 June.¹¹ Libel the agent for the Kirk against Mr Thomas Craven Libel Nisbet of Carphin against Craigie of Gairsie
48	13/6/1706	Recommendation to Montrose to send some forces to Hawick to suppress sorners and vagabonds in Roxburghshire
49	17/6/1706	Execution of letters raised at the instance of Lord and Lady Kinnaird against the earl of Aboyne and his tutor.
50	17/6/1706	Instrument James Wilson and others against John Murray and others
51	14/6/1706	Sederunt and minutes of council 14 June at the council chamber. Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Ruglen, Lord Register, Lord Arnieston, Lord Anstrtuther, Lord Rankeillor, Lord Pollock, Lord Tillicoultry, Lord Minto. Letter from the queen adjourning parliament until 25 July. Read, signed, ordered to be recorded, printed and published. PC renews the warrant on Sir Alexander Bruce of Broomhall’s petition ‘ut in scriptis’.¹²
52	18/6/1706	Sederunt and minutes of council 18 June at the council chamber. Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Forfar, Earl of Dunmore, Earl of Ruglen, Earl of Cromarty, Lord Haddo, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Tillicoultry, Lord Minto. Elizabeth Hunter’s sentence of death commuted to banishment. PC proceeded to advise on the processes between Adam Craik of Arbigland and John Murray brother of Barnhowry. PC found it proven that Murray had ‘violently interrupted & disturbed’ Arbigland ‘in the peaceable possessione of the lands in Barnhaurie’. Murray was to find caution in the books of privy council and to pay Craik 1,000 merks. He was to be imprisoned in the Edinburgh tolbooth until this was carried out and the other defenders and parties in the mutual process were assoilzied. Instructions to the commander of the parties sent to Teviotdale. Petition James Stewart read and refused. Petition John McCarane read and refused. Adjourned till next Thursday at 4pm.
53	undated	Petition for John Murray
54	undated	Interrogators for Lady Barnhowry’s and her daughter’s witnesses against Arbigland and his servants.
55	undated	Interrogators for Arbigland’s witnesses.
56	undated	Interrogators for Lady Barnhowry’s and her daughter’s witnesses against Arbigland and his servants.
57	undated	Printed ‘Answers for Adam Craik of Arbigland To The Lybel Raised against him at the instance of Margaret Cutler Lady Barnhourie, her Daughters and Servant.’
58	undated	Printed petition of John Murray merchant in Dumfreis and Charles Carsan in Laggan
59	undated	Printed answers for Lady Barnhourie and her her son and daughters to the complaint made by Craik of Arbigland.
60	undated	Printed ‘Information And Representation For Adam Craik of Arbigland and others, Against John Murray and others.’
61	undated	Prined answers for John Murray and others to the complaint raised against him by Craik of Arbigland and others.
62	undated	Representation for Adam Craik of Arbigland
63	undated	Roll of parties and witnesses Adam Craik of Arbigland against John Murray and others.
64		Roll of parties and witnesses Lady Barnhourie against Adam Craik of Arbigland and others.
65	undated	List of the parties and witnesses Craik of Arbigland against Murray and others.
66	18/6/1706	Interlocutor in the process Adam Craik of Arbigland against John Murray and others.
67	18/6/1706	Warrant from the PC to send forces to Hawick to suppress sorners and vagabonds.
68	18/6/1706	Execution of letters at the instance of Lady Kinnaird against the Earl of Aboyne and his tutor/uncle.
69	18/6/1706	Petition from John McLarane ‘a prest man prisoner in the Canongate Tollbooth’
70	18/6/1706	Petition of James Steuart, a pressed man who was also imprisoned in the Canongate tolbooth.
71	18/6/1706	Note of business 18 June.¹³ Petition for Adam Craik of Arbigland Two petitions for John Murray Petition for the Lady Barnhourie Petition for John Hamptoune Petition for James Stewart Petition for John McLarane
72	18/6/1706	Scroll decreet Laird of Arbigland against John Murray and others
73		Commutation of Elizabeth Hunter’s sentence of death to banishment. Signed by Montrose, Buchan, Forfar, James Murray, Anstruther, Rankeillor, Pollock, Minto, Goodtrees, Robert Stewart.
74	18/6/1706	Petition for Elizabeth Hunter.
75	20/6/1706	Sederunt and minutes of council 20 June at the council chamber. Second diligence the deacon convener of Dumfries against witnesses called, with some witnesses present. Remitted to a committee to examine them. Petition from Robert Craig of Riccarton. He and his mother were to be ready to debate the petition on the next council day. Petition from the friends and relatives of the family of Seaforth. Remitted to a committee to see to it the next day at 2pm. Goodtrees represents to the council that several sorners and vagabonds had been seized by the sheriff of Teviotdale. Goodtrees was to transmit to the sheriff a warrant of how they could be proceeded against. Petition from some of the witnesses for Murray against Arbigland concerning their expenses. Murray’s agent was to see to this the next council day. Petition from John Hampton, John Reid and their factor. The agent for the Kirk was appointed to see and answer it. Adjourned until next Tuesday at 4pm.
76	20/6/1706	Petition of John Hampton baxter burgess in Brechin, John Reid weaver, and Patrick Herdman, writer in Edinburgh their factor. The former two had been called to Edinburgh as witnesses in the process between John Blair and Mr John Skinner. They had been interrogated by the committee but they had refused to pay them their due expenses so they petitioned the PC. The council appointed Blair to see and answer the petition – decision recorded overleaf and signed by Montrose.
77	20/6/1706	Petition of the friends and relatives of the earl of Seaforth. PC decisions signed by Montrose from 20 and 25 June overleaf.
78	20/6/1706	Recommendation to the lord advocate to write to the sheriff of Teviotdale.
79	20/6/1706	Petition for Robert Craig of Riccarton. PC decision signed by Montrose on next page.
80	20-27/6/1706	Petition for Adam Dicksone and others who were cited by the Lady Barnhourie and others in the libel of reconvention. PC decisions from 20 and 27 June signed by Montrose recorded overleaf.
81	20/6/1706	Note of business 20 June.¹⁴ Second diligence deacon convener of Dumfries against witnesses. Petition for Robert Craig of Riccarton. Petition for the friends and family of Seaforth Petition for Adam Canstoun and others Petition for John Hampton and others.
82	24/6/1706	Committee for examining witnesses in the reconvention John Irving deacon convener of Dumfries against bailie Corbet and others.¹⁵ Sederunt: Earl of Buchan and Lord Minto.
83	undated	List of witnesses for the deacon convener of Dumfries by virtue of his second diligence.
84	25/6/1706	Note of business 25 June.¹⁶ Petition John Calderwood merchant in Stewarton and answers for the earl of Glasgow.
85	25/6/1706	Sederunt and minutes of council 25 June at the council chamber. Sederunt: Marquis of Montrose, Earl of Glencairn, Earl of Lauderdale, Earl of Findlater, Earl of Forfar, Lord Haddo, Lord Register, Lord Advocate, Lord Pollock, Lord Minto. Petition of John Calderwood with answers from the earl of Glasgow. Since the action on the point of right was laid before the Lords of Session and was awaiting decision the PC delayed the petition. PC recommended to the former committee named to deal with the sentence of death against George and Lachlan Rattray to meet the next day at 3pm and added several people to the committee. Committee named to deal with the petition of the friends and relatives of Seaforth to meet the next day at 4pm at the lord advocate’s lodging and to report.
86	25/6/1706	Recommendation to the committee named to deail with the Rattrays to meet the next day at 3pm. Signed by Montrose.
87	undated	Printed petition of the earl of Glasgow.
88	25/6/1706	Petition of John Calderwood merchant in Stewarton.
89	26/6/1706	Execution of letters at the instance of Archibald Nisbet of Carphin against David Craigie younger of Gairsie.
90	26/6/1706	Committee for dealing with the petition from the friends and relatives of the earl of Seaforth ‘anent his homecoming’.
91	4/7/1706	Execution of letters William Cochrane of Ochiltree against Lt Col John Erskine.
92	4/7/1706	Execution of letters Cochrane of Ochiltree against witnesses.
93	27/6/1706	Execution of letters William Cochrane of Ochiltree against Lt Col John Erskine.
94	28/6/1706	Execution against parties and witnesses the laird of Ochiltree against Lt Col Erskine.
95	28/6/1706	Execution against parties and witnesses Ochiltree against Erskine.
96	27/6/1706	Sederunt and minutes of council 27 June at the council chamber. Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Forfar, Earl of Cromarty, Lord Haddo, Lord Register, Lord Advocate, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Minto. Libel at the instance of lady and lord Kinnaird against the earl of Aboyne and George Gordon his uncle. The earl is forced to pay aliment to his brother and sisters. Considering the report of the committee anent Seaforth, the PC allows the Countess of Seaforth to apply to the lords of session to have the factor of the Seaforth estates changed so that she could control it herself. Commission naming JPs in Fife. Read, voted, approved, signed and ordered to be recorded. Petition from Adam Canstain of Millnhill and others. Lady Barnhourie was to make payment to the petitioners for their expenses in attending the process between her and Craik of Arbigland.
97	27/6/1706	Note of business 27 June.¹⁷ Libel the lord and lady Kinnaird against the earl of Aboyne and his tutor. Commission naming JPs in Fife. Representation for Adam Constoun and others, witnesses.
98	27/6/1706	Scroll decreet the Lady Kinnaird and her husband against the earl of Aboyne and his tutor.
99	undated	List of potential JPs in Fife, named by a Mr Wallwood.
100	27/6/1706	Commission naming JPs in Fife. Signed by Montrose, Buchan, Forfar, Cromarty, Haddo, Anstruther, Rankeillor, Goodtrees, Pollock, Minto.
101	undated	List of JPs in the Presbyteries of Coupar and St Andrews.
102	undated	Printed memorial for Lady Kinnaird and her husband against the earl of Aboyne and his tutor
103	27/6/1706	Letters the Lady Kinnaird and her husband against the earl of Aboyne and his tutor.¹⁸
2-29 May 1706 [21 items]
1	undated	Scroll or list of the people supposed to compear before the council cited by Mungo Buchanan in the council letters raised at the instance of Archibald Nisbet of Carphin on 8 March.
2	2-3/5/1706	Execution of council letters at the instance of Archibald Nisbet of Carphin against David Craigie younger of Gairsie.
3	2-3/5/1706	Execution of letters Archibald Nisbet of Carphin against David Craigie younger of Gairsie.
4	2-7/5/1706	Protest Robert Corbet late bailie of Dumfries against John Irving
5	3/5/1706	Deposition of Robert Herries by a committee. Sederunt: Earl of Buchan and Earl of Forfar.
6	7/5/1706	Sederunt and minuts of council 7 May at the council chamber. Sederunt: Earl of Crawford, Earl of Buchan, Earl of Findlater, Earl of Forfar, Viscount Primrose, Lord Elibank, Lord Advocate, Lord Arniston, Sir Robert Forbes. Crawford elected praeses. Letter from the queen adjourning parliament until 20 June. Read and ordered to be recorded. Proclamation for adjourning parliament. Read, voted, approved, ordered to be recorded, printed and published. Petition from the commissioners of supply in Banffshire asking for JPs to be named with a list of potential officials. PC clerks were ordered to prepare a commission and bring it in to the next council day. Petition for Donald McConachie read and orderd to be laid aside. Petition from John Calderwood merchant in Stewarton and a letter from another parishioner asking to use vacant stipends to repair the Kirk and manse there. 300 merks is allowed for this plus another 300 for repairing a bridge in the parish. Goodtrees acquaints the board that Mr John Law had to go to France since many of his effects were there and were in danger but that he could not go without the express permission of the privy council. The PC grants his free passage to go to Paris or any other city in France. Goodtrees to prepare a proclamation against ‘undue pressing of men’ and for preventing common abuses of this and to bring it into the council for the next meeting. Adjourned until the first Tuesday of June.
7	7/5/1706	Pass in favour of Mr John Law. Signed by Crawford.
8	7/5/1706	Recommendation to the lord advocate for drawing up a proclamation against undue pressing of men. Signed by Crawford.
9	7/5/1706	Petition from the commissioners of supply in Banffshire asking for JPs to be named. Council decision signed by Crawford overleaf.
10	7/5/1706	Note of business 7 May.¹⁹ Petition for John Calderwood. Petition for Donald McConachie Petition the commissioners of supply in Banffshire Proclamation adjourning parliament.
11	undated	Petition of Donald Mackonnachy.
12	10, 11, 18/5/1706	Execution Craik against witnesses.
13	undated	Warrant the stewart of Kirkcudbrightshire to John Hawkins
14	16/5/1706	Execution of deforcement by John Hawkins
15	18/5/1706	Execution of letters Archibald Nisbet of Carphin against David Craigie younger of Gairsie.
16	24/5/1706	Letters the Lady Barnhourie against Craik of Arbigland.
17	25/5/1706	Act of the town council of Kirkcudbright
18	27/5/1706	Executions the Lady Barnhourie and others against parties and witnesses
19	27/5/1706	Execution of letters at the instance John Blair against Mr John Skinner and witnesses.
20	29/5/1706	Declaration by the minister of Southwick and Colvend declaring that Katharine and Elizabeth Murray were unable to attend the council in Barnhourie’s case due to pregnancy and illness.
21	28/5/1706	Execution John Blair against the minister at Fetterosso (William Strachan), the minister at Kinneill (Thomas Frazer) and others and witnesses.
3-29 April 1706 [14 items]
1	3/4/1706	Sederunt and minutes of council 3 April at the council chamber Sederunt: Earl of Sutherland, Earl of Buchan, Earl of Lauderdale, Earl of Forfar, Earl of Dunmore, Earl of Ruglen, Lord Yester, Lord Elibank, Lord Advocate, Laird of Prestongrange, Lieutenant Colonel Erskine. Sutherland elected praeses. Commission under the great seal for the earl of Glasgow to represent her majesty at the next GA. Read and ordered to be recorded and Goodtrees received the commission on his knees in absence of Glasgow. Petition from Richard Randoll stationer in Newcastle and others with a counter petition from Anthony Spencely skinner in Newcastle. PC refused Randoll’s petition. Petition from the agent for the Kirk (John Blair) read and delayed. Petition Richard Bizzett prisoner in Edinburgh tolbooth. Read and granted. Petition from Elizabeth Hunter prisoner in the tolbooth of Edinburgh. She was reprieved until 3 June.
2	3/4/1706	Note of business 3 April.²⁰ Libel John Blair against Muir and Craig Petition William Bizzett Petition Elizabeth Hunter Petition John Blair agent for the kirk Petition for John Dick writer in Edinburgh Petition by way of answers for Anthony Spencely Petition for John Blair agent for the Kirk
3	3/4/1706	Latin commission for the earl of Glasgow to be her majesty’s commissioner to the General Assembly.
4	3/4/1706	Commutation of William Bissets sentence of banishment to the plantations to transportation to the Netherlands as a recruit.
5	3/4/1706	Petition for Antonia [sic] Spencely.
6	3/4/1706	Reprieve to Elizabeth Hunter from the last Wednesday of April to the third Tuesday of June.
7	3/4/1706	Petition for William Bissett.
8	3/4/1706	Petition of Richard Randell.
9	3/4/1706	Act in favour of William Bissett.
10	8/4/1706	Letters Craik of Arbigland against Murray and others.
11	3/4/1706	Petition for Elizabeth Hunter.
12	13/4/1706	Letter from merchants and skippers in Danzig directed to Sir Robert Forbes of Auchenhowe (PC clerk) regarding a convoy of ships going from Gothenburg to Scotland.
13	16/4/1706	Letters of reconvention Irvine and others against Corbet and others.
14	16/4/1706	Act of the General Assembly regarding a national fast and humiliation on 25 May. Signed by William Wishart, moderator of GA.
17 April 1706 [18 items]
1	17/4/1706	Sederunt and minutes of council 17 April at the council chamber. Sederunt: Earl of Buchan, Earl of Lauderdale, Earl of Forfar, Earl of Glasgow, Viscount Primrose, Lord Polwarth, Lord Advocate, Lord Arniston, Sir Robert Sinclair, Laird of Prestongrange, Lieutenant Colonel Erskine. Glasgow elected praeses. Sir Robert Sinclair of Stevenson qualified himself as a privy councillor Letter from the queen for raising a regiment of foot to be commanded by Lord March the marquis of Lothian’s brother. Warrant to be granted. PC continue the diet of the libel at the instance of Viscount Primrose against Stalker and others until first council day in June. Act for shutting up the meeting house at Elgin. Act for shutting up the meeting house at Keith. Petition of Thomas Heggie mariner and a report of the committee named to deal with it. PC allows the 166 dollars from the voluntary collection in the presbytery of Kirkcaldy to be used for the payment of his ransom and that of the other people held as slaves in Algiers. Goodtrees represented to the board that Robert Herries who was called as a witness in the libel between John Irving deacon convener of Dumfries and bailie Corbet was available to be deponed now and was about to go into her majesty’s service. PC named a committee to take his statements. Goodtrees acquainted the board with the death of Lord Halcraig in whose custody had been Jean Wallace daughter. She had been moved to be sequestered in the custody of Mr John Scott minister and was to remain there. Proclamation appointing a solemn national fast. Read, approved, signed and ordered to be recorded.
2	17/4/1706	Note of business 17 April.²¹ Libel Viscount of Primrose. Libel John Blair agent for the Kirk. Petition for John Blair agent for the Kirk. Petition for Thomas Heagie. Act anent Elgin. Act anent Keith.
3	17/4/1706	Act anent Keith shutting up the meeting house there and discouraging church irregularities and illegal preaching.
4	17/4/1706	Warrant for beating drums for levying a regiment to be commanded by Lord Mark Kerr.
5	17/4/1706	Act anent Elgin.
6	17/4/1706	Committee for taking the oath of Robert Herries.
7	17/4/1706	Warrant for continuing Mrs Jean Wallace’s custody after Halcraig’s death.
8	22/4/1706	Execution of libel of reconvention at the instance of John Irving deacon convener of Dumfries.²²
9	23/4/1706	Extract of the acts of council regarding the process at bailie Corbet’s instance against John Irving deacon convener of Dumfries.
10	1/3/1704	‘Extract of the presbytries sentence against Mr Skinner’.
11	24/4/1706	Letters the agent for the Kirk against Skinner and others.
12	24/4/1706	Execution of libel of reconvention John Irving against bailie John Corbet.
13	24/4/1706	Execution against John Murray.
14	25/4/1706	Execution of the reconvention Irving against Corbet.
15	27/4/1706	Execution against Lady Barnhourie and others.
16	29/4/1706	‘Disclamation John Maxwell In favours of John Murray and others’
17	29/4/1706	Execution of libel of reconvention Irving against Corbet.
18	29/4/1706	Execution of letters raised at the instance of Archibald Nisbet of Carphin against William Craigie of Gairsie.
20 March 1706 [14 items]
1	20/3/1706	Sederunt and minutes of council 20 March at the council chamber. Sederunt: Marquis of Montrose (P), Earl of Crawford, Earl of Buchan, Earl of Weemys, Earl of Forfar, Earl of Cromarty, Earl of Stair, Earl of Roseberry, Earl of Glasgow, Lord Yester, Viscount Primrose, Lord Polwarth, Lord Torpichen, Lord Elibank, Lord President of Session, Lord Register, Lord Advocate, Lord Justice Clerk, Lord Arniston, Lord Minto, Mr Francis Montgomery, Laird of Prestongrange, Laird of Ormistoun younger, Lieutenant Colonel Erskine, Lord Provost of Edinburgh. Crawford elected praeses. Commission for Marquis of Montrose to be the president of the privy council. Letter from the queen adding several people to the council: David earl of Weemys, James viscount of Primrose, Patrick Lord Polwarth, Lord Torpichen, Lord Elibank, Gilbert Elliot Lord Minto, William Morison of Prestongrange and Lt Col John Erskine deputy governor of Stirling Castle. Commission under the great seal for the earl of Weemys to be lord high admiral of Scotland. Act and proclamation against intruders into churches without a call and legal admission. When it came to a vote it was marked in the affirmative and a committee was named to prepare the proclamation; ordered to be recorded, printed and published. Warrant for setting the Ostend prisoners in Caithness at liberty. Act for a voluntary levy of seamen. Oath of allegiance and assurance sworn by Captain James Hamilton of the Royal Mary. Libel at the instance of John Blair against Mr John McMillan sometime minister at Balmaghie and others. Pursuers were present but the defenders were absent; council granted certification. Petition Mr Alexander Maitland of Pitreechie read and granted. Petition of Sir Alexander Bruce recommended to a committee. Petition from John and William Carruthers drovers refused. Viscount Primrose, Lord Polwarth, Lord Torpichen, Lord Elibank and Lord Minto added to the committee anent public occurrences.
2	20/3/1706	Note of business 20 March.²³ Libel the agent for the Kirk against Mr McMillan Commission to the Marquis of Montrose to be President of PC Commission under the great seal nominating several people to be commissioners for the union. Commission for the earl of Weemys to be lord high admiral.
3	20/3/1706	Latin ‘Double Commission for treating anent ane union’
4	20/3/1706	Warrant for printing the order regarding the levying of seamen.
5	20/3/1706	Warrant for setting the Ostend prisoners at liberty
6	undated	Printed petition of John and William Carruthers drovers.
7	20/3/1706	‘Delyverance upon John & William Carruthers against Patrick Crauford’
8	20/3/1706	Additions to the committee anent public occurrences
9	undated	Call of parties and witnesses in the case between the agent for the Kirk and John McMillan sometime minister of Balmaghie and others.
10	20/3/1706	Latin commission for the earl of Weemys to be Lord High Admiral in Scotland.
11	20/3/1706	Latin commission for the Marquis of Montrose to be president of the Privy Council.
12	20/3/1706	Petition of Alexander Maitland of Pitrichey and others.
13	20/3/1706	Act in favour of Sir Alexander Bruce.
14	20/3/1706	Petition of Sir Alexander Bruce.
21 March 1706 [3 items]
1	21/3/1706	Sederunt and minutes of council 21 March at the council chamber. Sederunt: Marquis of Montrose (P), Earl of Leven, Earl of Dunmore, Earl of Stair, Earl of Glasgow, Lord Carmichael, Lord Elibank, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Minto, Mr Francis Montgomery, Laird of Ormistoun younger. Commission under the great seal for the earl of Leven to be commander-in-chief of her majesty’s Scottish forces. Oath of allegiance and assurance sworn by the earl of Leven. Oath of allegiance and assurance sworn by Lord Carmichael as a Colonel of a regiment of dragoons.
2	21/3/1706	Approbation of the procedure against George and Lachlan Rattray who had been tried by the commissioners for ‘witchcraft, Sorcery and charmeing’.
3	29/3/1706	Letter from some of the commissioners named by the privy council to meet in Stirling on 28 March for trying ‘Robbers, Theeves and other Criminals’ imprisoned there. Some had been unable to meet and so a new commission from the council is asked for naming different people.
12 March 1706 [19 items]
1	12/3/1706	Sederunt and minutes of council 12 March at the council chamber, called extraordinary. Sederunt: Earl of Crawford, Earl of Sutherland, Earl of Buchan, Earl of Lauderdale, Earl of Leven, Earl of Dunmore, Earl of Cromarty, Earl of Stair, Earl of Roseberry, Earl of Glasgow, Earl of Hopetoun, Lord President of Session, Lord Register, Lord Advocate, Lord Justice Clerk, Lord Arnistoun, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Laird of Ormistoun, Lord Provost of Edinburgh. Letter from the queen regarding recruits to be levied for service in the Royal Navy. Goodtrees to prepare a proclamation. Forbes (PC clerk) acquainted the council with the fact that John Abercrombie, a suspected priest, had come in that day for questioning but was in some way indisposed as was confirmed by a physician. PC confined him to his lodgings and ordered him to find caution in the books of privy council. Commission to William Hay to be lieutenant of her majesty’s ship the Royal Mary. Commission to David Preshew to be lieutenant of the ship the Roayl William. Warrant appointing George Milne to be master of the Royal William. Warrant to Patrick Hay to be master of the Royal Mary. Warrant to all officers on Scots frigates to qualify themselves with the oath of allegiance and the assurance. Petition by Theodore Morison of Bognie asking to use vacant stipends for the building of a school, repairing the kirk, and building a bridge in the parish of Forgue. PC grants this upon the proviso that he finds sufficient caution to do so. Petition from Mr John Webster. PC orders Gideon Guthrie, intruder at Fetterosso, to remove himself from the parish kirk, manse and gleib. Sheriff and sheriff depute of Kincardine were to see to this. Petition from Patrick Corser read and the masters of the card manufactory in Leith were appointed to see and answer it. Petition from Mr Robert Monteith. Remitted to the treasury to pay him as they saw fit. Petition poor Francis Bell appointed to be seen and answered. Petition from John Blair. His bond delivered up with the note from his cautioner and he is declared ‘qyut therof and free in all time comeing’. Committee for public occurrences named for the ‘enewing vaccance’; 5 to be a quorum. PC conforms with an act of parliament and dispences from the commissioners of justiciary going on circuit courts for the year 1706. Recommendation to the earl of Leven to put men aboard the Royal William. Recommendation to the earl of Leven to put men aboard the Dumbarton Castle. Adjourned until Tuesday 16 April.
2	12/3/1706	Note of business 7 March.²⁴ Commission to David Preshew to be lieutenant of the Royal William Commission to William Hay to be lieutenant of the Royal Mary Warrant for George Miln to be Master of the Royal William Warrant for Patrick Hay to be Master of the Royal Mary Petition for the laird of Brognie Petition for Mr John Webster, Petition for Patrick Carser. Petition Mr Robert Menteith Petition poor Francis Bell Petition John Blair.
3	12/3/1706	Act appointing Patrick Hay to be Master of the Royal Mary
4	12/3/1706	Committee of public occurrences named.
5	12/3/1706	Lords of justiciary dispensed from going on circuits that year.
6	12/3/1706	Act appointing George Milne to be master of the Royal William
7	12/3/1706	Petition for Mr John Webster minister at Fetterosso.
8	12/3/1706	Commission to David Presho to be lieutenant of the Royal William.
9	12/3/1706	Commission to William Hay to be lieutenant of the Royal Mary
10	12/3/1706	Commission to the earl of Leven to send a party of soldiers (20 foot soldiers, commanded by an officer, with a sergeant, two corporals and a drummer) aboard the ship the Dumbarton Castle at Port Glasgow.
11	12/3/1706	Commission to the earl of Leven to send 42 sentinels, one officer, 3 sergeants, 3 corporals and a drummer aboard Captain Gordon’s ship.
12	12/3/1706	Order to the officers of Scots frigates to swear the oath of allegiance and the assurance.
13	12/3/1706	Petition of Robert Menteith master of the acts.
14	12/3/1706	Petition of John Blair.
15	12/3/1706	Warrant commissioning John Abercrombie to his loding and appointing him to find caution.
16	12/3/1706	Recommendation to Goodtrees to prepare a proclamation for levying seamen according to the queen’s letter.
17	12/3/1706	Attestation of John Abercrombie’s indisposition from two physicians.
18	19/3/1706	Warrant for apprehending and imprisoning Anthony Spencer.
19	12/3/1706	Petition for Theodore Morisone of Bognie and the remnant heritors of Forgue.
1-29 March 1706 [17 items]
1	1/3/1706	Testification in favour of John Herries concerning his ill health and inability to attend the council in Edinburgh until it improved, from his father, William.
2	2/3/1706	Double of commission for the earl of Leven to be commander-in-chief of her majesty’s forces in Scotland (in English).
3	4/3/1706	Instrument bailie John Corbet and Convener John Irving
4	5/3/1706	Instrument John Blair agent for the Kirk against Alexander Muir and Alexander Craig, ministers in Shetland.
5	7/3/1706	Sederunt and minutes of council 7 March at the council chamber. Sederunt: Earl of Sutherland, Earl of Haddington, Earl of Dunmore, Earl of Cromarty, Lord President of Session, Lord Register, Lord Advocate, Lord Justice Clerk, Lord Anstruther, Mr Francis Montgomery, Lord Provost of Edinburgh. Sutherland elected praeses. Execution in favour of Sir Gilbert Elliot former clerk of the council ‘of his trust in the privy Councill Chamber ut in scriptis‘ Execution in favour of Andrew Wauch formerly servitor to the two principal clerks of council ‘of his trust & service in the Councill chamber’ Instructions and sailing orders to Captain Gordon. Instructions and sailing orders to Captain Mathew Campbell Instructions and sailing orders to Captain James Hamilton Recommendation to the commander of her majesty’s forces to send soldiers aboard Captain Gordon’s ship, the Royal William.²⁵ Recommendation to the commander of her majesty’s forces to send soldiers aboard the Royal Mary, Captain Hamilton’s ship. Recommendation to the commander of the forces to send troops aboard the ship the Dumbarton Castle, under the command of Captain Campbell. Libel at the instance of John Corbet, one of the bailies of Dumfries and George Dunbar cornet in the Royal Regiment of Scots Dragoons against John Irving deacon convener and others. Committee named to agree and settle parties and examine witnesses; they were to meet the next day at 10am and 3 to be a quorum. Adjourned until Tuesday 19 March.
6	7/3/1706	Note of business²⁶ Libel Cornet Dunbar and bailie Corbet in Dumfries against Irvine and others. Report of the committee anent Lord Minto. Instructions to captains Gordon, Campbell and Hamilton.
7	7/3/1706	Report of the committee tasked with examining and taking the oaths of Gilbert Elliot, lord Minto.
8	7/3/1706	Examination in favour of Andrew Wauch considering his service and trust in the privy council chamber as servant to the two principal clerks.
9	7/3/1706	Instructions to be given to James Hamilton, captain of the ship the Royal Mary.
10	7/3/1706	Caption Corbet and Dunbar against witnesses.
11	7/3/1706	Recommendation to the commander of the forces to send troops aboard the Royal Mary.
12	7/3/1706	Instructions to be given to Mathew Campbell captain of the ship the Dumbarton Castle.
13	7/3/1706	Instructions to be given to Captain Thomas Gordon, commander of the ship the Royal William.
14	8, 9, 12/3/1706	‘Committee for examining Billie Corbetts witnesses’ (consisting of 8 pages of witness statements). 8 March sederunt: Lord Register, Lord Justice Clerk, Mr Francis Montgomery. 9 March sederunt: Lord Justice Clerk, Mr Francis Montgomery, Lord Provost of Edinburgh and thereafter the Lord Clerk Register came in. 12 March sederunt: Lord Register, Mr Francis Montgomery, Lord Provost of Edinburgh.
15	11/3/1706	Execution of letters of suspension at the instance of James Grim(?) late deacon of Brechin against Francis Molyson and James Spence, bailies of Brechin.
16	8/3/1706	Letters the laird of Carphin against Gairsie and others.
17	8/3/1706	‘Suspension & charge to putt at Liberty Grime agaist Molysone’.
4-28 February 1706 [16 items]
1	4/2/1706	Report by Goodtrees regarding Patrick Crawford and the Carruthers.
2	6/2/1706	Declaration from a surgeon in Peterhead that Mr John Abercrombie, a suspected priest, was elderly and infirm, rendering him incapable of going to Edinburgh to attend the council.
3	8/2/1706	Committee appointed for considering the representation of church grievances given in by the commission of the GA. Sederunt: Earl of Glasgow, Lord Advocate, Mr Francis Montgomery.
4	8/2/1706	Instrument for the deacon convener’s offer of bail to Mr Alexander
5	8/2/1706	Certification of Mr John Abercrombie’s indisposition.
6	11/2/1706	Extract acts of council approving of bailie Corbet’s management in seizing Harry Alexander.
7	12/2/1706	Sederunt and minutes of council 12 February at the council chamber. Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Forfar, Earl of Roseberry, Earl of Glasgow, Earl of Hopetoun, Lord Yester, Lord Ross, Lord Register, Lord Justice Clerk, Lord Arnieston, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Lord Provost of Edinburgh. Montrose elected praeses. Libel Mr John Webster minister of the kirk at Fetterosso and John Blair against Mr Gideon Guthrie, intruder there, and others. Pursuers compeared but the defenders did not. Certification was granted against the latter and letters of denunciation were to be directed to them. Petition from John Webster and the sheriffs of the shire were to see to it that he was placed in the peacable service of the parish Kirk of Fetterosso. Report of the committee in the process between Carruthers and Crawford; read and laid aside. Petition of David Craigie of Gairsie. He had enacted himself in the books of privy council. Petition from the magistrates of Irvine for a voluntary colletion around the kingdom to raise money for the repair of the harbour in the town. Granted. Commission naming JPs in Aberdeenshire. Voted, approved, signed, and appointed to be recorded. Petition Mr Alexander Haggins read and delayed. Petition Mr John Matters read and delayed. Petition Charles May with answers to it from the African Company read and remitted to the committee formerly named to deal with his issue. Adjourned until next Thursday at 3pm.
7	12/2/1706	Petition for Mr John Webster.
8	12/2/1706	Petition of David Craigie younger of Gairsie.
9	12/2/1706	Note of business 12 February.²⁷ Libel Mr John Webster against Gideon Guthrie and others. Report Crawford against Carruthers and others. Petition Craigie of Gairsie. Petition for the magistrates of Irvine. Petition Mr Alexander Haggins. Petition Mr John Matters. Petition Charles May. Petition Mr Robert Moneith. Captain Browne.
10	12/2/1706	Commission naming JPs in Aberdeenshire.
11	12/2/1706	Petition from the magistrates of the burgh of Irvine regarding the repairs needed to be made to the harbour there.
12	12/2/1706	Letters Mr John Webster and John Blair against Mr Gideon Guthrie and others.
13	12/2/1706	Declaration of the Kirk Session of Kirkcudbright considering the ‘immoral practises and scandals committed’ by Henry Alexander.
14	12/2/1706	Account of the wages due to Charles May former surgeon on the ship the Worcester commanded by Captain Green.
15	14, 16, 18/2/1706	Execution of letters raised at the instance of Archibald Nisbet of Carphin against Sir William Craigie of Gairsie and others.
16	14, 15, 16, 19/2/1706	Execution Archibald Nisbet of Carphin against parties and witnesses.
15 February 1706 [10 items]
1	15/2/1706	Sederunt and minutes of council 15 February at the council chamber. Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Forfar, Earl of Cromarty, Earl of Glasgow, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Arniston, Lord Halcraig, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Lord Provost of Edinburgh. Glasgow elected praeses. Letter from the queen adjourning parliament. Read, appointed to be recorded, and a proclamation to be produced. Proclamation adjourning parliament from 26 February to 9 May read, appointed to be recorded, printed and published. Second diligence for poor Francis Bell against witnesses. Some witnesses were present. PC remitted the issue onto a committee. Representation from her majesty’s advocate and a letter from the Duke of Atholl ‘with ane List of Malefactors that are prisoners in the Tolbooths of Perth & Stirling’. Commission to be prepared and brought into the next council day to deal with the matter. Petition from John Abercrombie. His appearance before the PC was prorogued until 12 March. Petition Archibald Nisbet of Carphin read and refused. Adjourned until next Tuesday at 3pm.
2	15/2/1706	Note of business 15 February.²⁸ Second diligence poor Francis Bell and witnesses. Petition Sir James Stewart her majesty’s advocate Petition John Abercrombie Petition Nisbet of Carphin Petition Mr Robert Monteith.
3	undated	Representation Goodtrees to the PC concerning the Duke of Atholl and the list of offenders in Perth and Stirling asking for a PC commission to try them.
4	undated	‘List of Malefactors’ in Perth and Stirling tolbooths.
5	15/2/1706	Petition of John Abercrombie.
6	21/1/1706	Letter fromt eh Duke of Atholl to Goodtrees regarding the offenders who were imprisoned in Stirling and Perth tolbooths asking for a commission to try them.
7	15/2/1706	Prorogation of John Abercrombie’s trial from 19 February until 12 March in light of his petition.
8	15/2/1706	PC order a commission to be prepared and brought into the next council day for trying the offenders in Stirling and Perth after the Duke of Atholl’s letter to Goodtrees.
9	15/2/1706	Petition of Archibald Nisbet of Carphin.
10	19/2/1706	Testification that Henry Alexander (‘vialer’) had been accused of immoralities and scandals by the kirk session of Kirkcudbright
21 February 1706 [25 items]
1	21/2/1706	Sederunt and minutes of council 21 February. Sederunt: Marquis of Montrose, Earl of Crawford, Earl of Sutherland, Earl of Buchan, Earl of Lauderdale, Earl of Forfar, Earl of Ruglen, Earl of Cromarty, Earl of Glasgow (TD), Lord President of Session, Lord Register, Lord Advocate, Lord Justice Clerk, Lord Arniston, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Lord Provost of Edinburgh. Sutherland elected praeses. Committee named to take the bonds of Gibert Elliot and Andrew Wauch (servant to the two council clerks) that they had nothing in their possession that legally belonged to the PC such as warrants, registers, or records. These were extracted and they were declared as having the council’s trust. Clerks of PC reported that Andrew Wauch had resigned from his job as their servant and David Home brother of Goerge Home of Kairns(?) was chosen as his replacement as ‘under clerk’.²⁹ He swore the relevant oaths and ‘took his sate at the table as under Clerk accordingly’. Instructions to Captain Thomas Gordon commander of the Royal William. Warrant for setting the Ostend prisoners at liberty. Petition of Mr John Matters with answers from the lord advocate. Petiton refused. Representation of the Commission of GA. Remitted to the committee named to deal with church irregularities and they were to prepare a proclamation. Commission to the sheriff of Perth and Stirling shires and others for trying housebreakers. Read, voted and approved; ordered to be recorded. Libel at the instance of the Lord Advocate against Mr Alexander Barclay and others. Certification granted. Petition from Archibald Nisbet of Carphin. PC ordered Sir William Craigie of Gairsie and David Craigie of Gairsie younger to compear before the council. They were to find sufficient caution with their ten defenders under pain of the penalty of 3,000 merks. Petition of John and William Carruthers with answers from Patrick Crawford merchant in Edinburgh. Voted in the affirmative and the PC ordained the bonds granted by Patrick Crawford to be delivered up to him. Crawford was assoilzied. Adjourned until Tuesday 26 February.
2	21/2/1706	Note of business 21 February.³⁰ Letters her majesty’s advocate against Mr Alexander Barclay. Commission for judging and trying house breakers Report of the committee anent church grievances. Petition Mr John Matters and answerds for the lord advocate Petition Archibald Nisbet of Carphin and answers for Craigie of Gairsie.
3	21/2/1706	‘Warrand and order for takeing the Lords Minto & Andrew Wauchs oaths in order to ther Exoneration in the Counsell Clerks office’
4	21/2/1706	Letter from Thomas Gordon to Robert Forbes saying he could not attend the council that afternoon and so asked for his sailing orders in writing.
5	undated	‘Representation by the Commission of the late General Assembly Concerning Church Irregularities & disorders’
6	undated	‘Report anent church grievances’³¹
7	21/2/1706	Representation from the lord advocate in response to Mr John Matter’s petition.
8	21/2/1706	Letters her majesty’s advocate against Mr Barclay
9	21/2/1706	Commission for judging and trying John Hay, John Brown elder and John Brown younger ‘for Murder or man:slaughter, Robberie, thift, recept of thift, & other crymes’.
10	21/2/1706	Petition of Mr John Mathers minister of the gospel.
11	21/2/1706	Commission to the Viscount Stormont and others for trying ‘house breakers, Robbers, & c’.
12	21/2/1706	Scroll decreet absolvitor Patrick Crawford against John and William Carruthers.
13	21/2/1706	Petition for John and William Carruthers against Patrick Crawford.
14	undated	Printed ‘Petition and Answers for John and William Caruthers Drovers, Against Patrick Crawford Merchant in Edinburgh’
15	undated	Printed petition of John and William Carruthers.
16	21/2/1706	Answers for Patrick Crawford merchant in Edinburgh against John and William Carruthers.
17	21/2/1706	Letters Dunbar and Corbet against Irvine and others.
18	21/2/1706	Petition of Archibald Nisbet of Carphin
19	undated	‘Memorandum by way of Answers For Craigie of Gairsey against Nisbet of Carphin’
20	undated	‘Memorandum by way of answers for David Craigy younger of Gairsy To Archibald Nisbet of Carphin his petition against him’
21	21/2/1706	Act in favour of Archibald Nisbet of Carphin³²
22	25/2/1706 – 7/3/1706	Oath and deposition (in front of Adam Cockburn of Ormistoun) by Andrew Wauch writer in Edinburgh and former servant to the two clerks of the council. He declared that he had not fraudulently taken anything belonging to the council nor had he obstructed the administration of government business.
23	25/2/1706	Execution of letters raised at the instance of bailie John Corbet and cornet George Dunbar.
24	25/2/1706 – 7/3/1706	Oath and declaration of Gilbert Elliot former clerk to the council in front of Adam Cockburn of Ormistoun.
25	28/2/1706 – 4/3/1706	‘Executions Baillie Corbat against parties and witnesses’

1. None of the items listed below are scored out.

2. None of the items listed below are crossed out.

3. None of the items below are scored out.

4. This is a blank piece of paper which was presumably attached to the above bundle.

5. All except numbers 2 & 5 in the list below have a mark next to them on this note.

6. None of the items on the below list are scored out.

7. N.B. this notes that James Hunter had been deprived on 9 June 1696 (PC1/50, 553-5) and mentions a council act on 7 July 1698, but I can’t find the latter of these in the council registers (PC1/51 or PC2/27). Also note that Hunter had been deprived on 4 September 1689 along with another Stirling-based minister for failing to pray for their majesties (RPCS, ser. 3 vol. 14, 183-5).

8. None of the items in the list below are scored out.

9. None of the items on the list below are scored out.

10. This entry has been crossed out in the MS.

11. Neither of the items listed here are crossed out.

12. Broomhall was the parliamentarian who was ejected from the house and permanently expelled from the estates in 1702 for suggesting that Presbyterianism was inconsistent with monarchy (See for instance Crossrig’s diary, pp. 88-9; and RPS, 1702/6/24, 12 June 1702).

13. Only no. 4 in the list below has been scored out in the MS.

14. None of the items in the list below have been crossed out.

15. It says that there are 10 pages of this but oddly it only begins at page no. 5 and the rest of the committee proceedings do not appear in this bundle.

16. This is not scored out in the MS.

17. None of the items below are crossed out.

18. Attached to this document is a call for the parties in the process.

19. None of the items below are crossed out on this list.

20. Only no. 4 on the list below has been scored out.

21. None of the items below have been scored out.

22. This is very fragile and torn.

23. None of the items listed below have been crossed out.

24. None of the items below have been scored out.

25. This entry has been crossed out.

26. None of the items listed below have been crossed out.

27. None of the items below have been crossed out.

28. All of the items listed below have been crossed out.

29. This means that in addition to the two primary clerks of council, thre was an under clerk or servant to them. This is therefore an extension of the double clerkship which had existed since 1620.

30. None of the items below are crossed out.

31. The rest of this MS must have been ripped out or damaged as it is only the rubric which remains. It does note that it was ‘Booked’ though, so presumably appears in the register.

32. This document has been torn in two but both pieces are in this bundle.

NRS, PC12/1705-1706 (box 8) – Inventories of Miscellaneous Boxes

Posted on May 9, 2024 by Philip Ward

NRS, PC12/1705-1706 (box 8) – Inventories of Miscellaneous Boxes

1705, June 4 – 26 [23 items]
1	4/6/1705	Execution John Blair (agent for the Kirk) against Inglis Lauder Grahame and witnesses. James Inglis was the late incumbent at Muthill, James Lauder was the English schoolmaster there and John Grahame was the late incumbent at Madderty. They were to compeer before the PC on 12 June.
2	6/6/1705	Sederunt and minutes of council 6 June, at Holyroodhouse. Sederunt: Lord Chancellor, Marquis of Annandale (S), Earl of Crawford, Earl of Buchan, Earl of Haddington, Earl of Loudoun, Earl of Leven, Earl of Northesk, Earl of Stair, Earl of Glasgow, Lord Archibald Campbell, Lord Register, Lord Justice Clerk, Lord Arnieston, Lord Halcraig, Lord Anstruther, lord Pollock, Lietuenant John Ramsay, Mr Francis Montgomery, Lord Provost of Edinburgh. Letter from the queen adding John Maxwell of Pollock, one of the senators of the College of Justice, to the PC. He swore the allegiance with the assurance and then the Chancellor administered the oath de fideli to him. Letter from queen adjourning parliament until 28 June. Libel at the instance of Alexander Cannon, writer in Edinburgh and others against Sir Robert Greirsone of Lagg and others. Defenders and their lawyers were present and a committee named to deal with the process and hear witness testimony, to meet the next morning at 10am and 2 to be a quorum. PC is informed by the clerks that the time for the two rabblers (Davidson and Knox) to be banished had now elapsed and so they delay this until 13 June.
3	6/6/1705	Note of business 6 June¹ Libel Alexander Cannon against Robert Greirson of Lagg Libel Francis Bell against Johnstone of Knockhill and others
4	6/6/1705	Printed representation to the PC on behalf of Alexander Canon against the lairds of Lagg elder and younger. Complained of false imprisonment of Canon for a period of around 10 days and proceeds on a process of caution of lawburrows. Claims this contravened the so-called habeas corpus act of 1701.
5	6/6/1705	List of parties and witnesses in the case of Alexander Canon (or Cannan) against the lairds of Lagg.
6	6/6/1705	Printed answers for Robert Grierson of Lagg and his two sons in the case brought forward by Alexander Canon. They complained that the case was irrelevant and had not contravened the 1701 act of parliament.
7	6/6/1705	Note from the clerks of council acquainting the PC that the rabblers (Davidson and Blair) had missed their date for banishment and that this was to be delayed until 13 June. Signed by Seafield (Chancellor).
8	6/6/1705	Instrument of intimation James Stewart, merchant in Elgin against John Chalmers, procurator fiscal in Elgin. Followed a bill of suspension and letters of horning, Chalmers was liable to pay Stewart of £2000 Scots for ‘pretended wrongeous Imprisonment’. Some dispute over this matter since Chalmers feigned ignorance and appeared to refuse the payment.
9	6/6/1705	Intimation of intimation in the case of Stewart against Chalmers with concourse of Alexander Dunbar of Bishopmilne, sheriff of Moray. Dunbar was to act as intermediary in this case.
10	7/6/1705	Proceedings of the committee anent Alexander Canon against Lagg and his sons. Signed by Glasgow. Sederunt: Earl of Glasgow (praeses), Mr Francis Montgomery, Lord Provost of Edinburgh.
11	7/6/1705	Instrument Thomas Hammond and others against his majesty’s advocate. This is the petition of the owners and freighters of the ship The Worcester. This appears to have first been compiled on or before 30 May and there is a response from the PC recorded on 30 May which remits the issue to the African Company. Same order (to be seen and answered by the African Company) on 7 June.
12	12/6/1705	Sederunt and minutes of council on Tuesday 12 June, at Holyroodhouse.² Sederunt: Lord Chancellor, Earl of Crawford, Earl of Buchan, Earl of Lauderdale, Earl of Leven, Earl of Balcarres, Earl of Roseberry, Earl of Glasgow (TD), Lord Archibald Campbell, Lord president of session, Lord Register, Lord justice clerk, Lord Arnieston, Lord Halcraig, Lord Anstruther, Mr Francis Montgomery, Laird of Ormiston younger, Lord provost of Edinburgh. Letter from the queen removing: Tweeddale from being president of PC, removing Rothes from being privy seal, Roxburgh from being one of the principal secretaries of state, Baillie of Jerviswood from being Treasurer Depute, Selkirk and Belhaven from being lords commissioners of the treasury, and removing all of the above from sitting on the PC and the Exchequer. Commissions under the great seal: for Loudoun to be one of the principal secretaries of state and then he had the oaths administered. Commission under great seal for Glasgow to be treasurer depute. Committee named to deal with the case between the laird of Lagg and Alexander Cannon. They were to meet the next morning at 10am and agree with the parties then report back. Libel at the instance of the agent of the Kirk against James Inglis, James Lauder and George Grahame. Defenders were absent so certification was granted. PC considers the representation from Francis Scott of Flurlestoun(?) and remits it to the lord advocate to investigate the matter and mentions a bounty of £50 sterling. The PC considered the petition given in by Lady Bredisholme and agrees to the extraction of £50 sterling for her but refuses the other aspects of the petition since the Laird of Bredisholme elder was not cited to compeer in the petition. Allows the lady to resubmit the petition and cite him to compeer. PC orders the French privateer which was captured by Captain Campbell to be released from imprisonment in the tolbooth of Glasgow. Francis Montgomery and the lord justice clerk ordered to speak with the lord advocate to enquire how the ransom for Turpie and other slaves was paid and what was paid and to report back to the council as well as to Mr David Williamson and Walter Stewart factor in London for liberating Turpie. Adjourned until Tuesday next (19 June) at 3pm
13	12/6/1705	Note of business on 12 June³ Libel poor Francis Bell against Johnstone of Knockhill Libel the agent for the Kirk against Intruders into Churches Process to be advised Canon against Lagg and others Commission on favour of the earl of Loudoun Commission in favour of the earl of Glasgow Petition Thomas Hammond and company & answers Petition Sir Francis Scott
14	12/6/1705	Latin copy of commission in favour of the earl of Loudoun to be Lord Secretary of State
15	12/6/1705	Latin copy of the commission for the earl of Glasgow to be Treasurer Depute
16	12/6/1705	Petition of Sir Francis Scott complaining of multitudes of people and boys damaging the fountain and cistern system at Holyroodhouse and St Anthony’s well on Sundays and other days. Response on the reverse recorded and signed by Seafield which orders the lord advocate to investigate the matter and offers £5 Scots for anyone making discovery of the matter more fully.
17	12/6/1705	Montgomery and justice clerk to speak with Goodtrees regarding the ransom money and process of repatriation for Turpie and other slaves in Algiers. Signed by Seafield.
18	12/6/1705	Order for the French privateer to be released from the Glasgow tolbooth. Signed by Seafield.
19	12/6/1705	Council’s response to the petition of Lady Braidisholme younger regarding money to be paid out to her and the caveat to her petition having not cited the laird of Breadisholme elder to compeer. Signed by Seafield.
20	12/6/1705	Printed representation from the Lady Breadisholm asking for payment of £50 aliment.
21	13/6/1705, 19/6/1705, & 26/6/1705	Committee anent Alexander Canon and James Grierson. Additions on the reverse page from 2 other days: 19 June 1705: PC assoilzies Grierson and other defenders from the points of the libel and the clerks of council ordered to deliver 500 merks to Cannon. Signed by Seafield. 26/6/1705: Confirmation of receipt of this and a double of the same signed by Cannon.
22	16/6/1705	Testificate and declaration for Mr Thomas Fairweather. Confirmation from a minister and a surgeon that Fairweather was suffering from infirmity and was thus unable to travel to appear before the PC.
23	16/6/1705	Contract between the earl of Home and Androw Broun (wright in Kelso), produced for the earl of Home. This was a contract for building a church in the parish of Old Coldstream.
2.19 – 22 June 1705 [9 items]
1	22/6/1705	Advertisement regarding the printing of a book. This regards the reprinting of a book that had been published and mentions that if reprinted in England it would both hinder Scottish paper manufactory and the Scottish exchequer. Mentions an advertisement in the day’s courant, a Mr Bury and appears to be signed by ‘Ev: MacIver’.
2	19/6/1705	Sederunt and minutes of council on Tuesday 19 June, at Holyroodhouse. Sederunt: Lord Chancellor, Marquis of Annandale, Earl of Loudoun (S), Earl of Crawford, Earl of Mar, Earl of Brechin, Earl of Lauderdale, Earl of Leven, Earl of Northesk, Earl of Roseberry, Earl of Glasgow (TD), Lord Archibald Campbell, Lord Justice Clerk, Lord Halcraig, Lord Anstruther, Mr Francis Montgomery, Lord Provost of Edinburgh Oaths signed and sworn in the presence of Morton by Mr David Nairne, he having a commission from her majesty to act in absence of the two principal secretaries of state for all matters relating to the kingdom of Scotland. Nairne was to act in the capacity of secretary depute. Petition from the magistrates and merchants from Aberdeen. PC orders the crew of the Ostend privateer which had been captured and imprisoned there to be immediately set at liberty. Libel at the instance of the earl of Northesk against several fishermen and magistrates. Libel admitted to probation, witnesses called and a committee named to deal with it, to meet the next morning at 10 am. Report of the committee in the case between Canon and Grier and PC confirms that the whole defenders are to be assoilzied and cleared from the process in all time coming. Petition from James Hodges. PC discharges all printers, stationers and booksellers, etc. to reprint vendor or sell the book entitled War betwixt the two British Kingdoms within this kingdom which was published by the petitioner without his express consent and under penalty of the confiscation of the books. Petition of Francis Bell. To be seen and answered the next council day, next Tuesday. Case of the agent of the Kirk against Inglis and others delayed until next Tuesday. Adjourned till next Tuesday (26 June) at 4pm.
3	19/6/1705	Note of business 19 June⁴ Libel the earl of Northesk against Cargill and others Libel poor Francis Bell against Johnstone Oath of allegiance taken by Davd Nairne Report of the committee anent Alexander Canon and Grier of Lagg Suspension Downie against Anna Lindsay Petition Jean Grier and others poor defenders in Canon’s process. Petition the magistrates and merchants of Aberdeen Petition Mr John Grahame and Mr James Lauder Petition Francis Bell
4	19/6/1705	Delay of process between the agent of the kirk and Inglis, etc. Signed by Seafield.
5	19/6/1705	Petition of the magistrates and merchants of Aberdeen. Also, response of the PC and order to release prisoners; signed by Seafield.
6	19/6/1705	Memorial for Mr James Hodges, gentleman, and Mrs Ogston, bookseller.
7	19/6/1705	Petition of James Hodges.
8	20/6/1705	Committee for examining the Earl of Northesk’s witnesses. Sederunt: Earl of Mar (praeses), Earl of Leven, Earl of Glasgow.
9		Declaration of the prisoners taken onboard the Ostend privateer which was captured by Captain Gordone. N.B. some Latin at the bottom of the petition.
26 June 1705 [10 items]
1	26/6/1705	Sederunt and minutes of council, Tuesday 26 June at Holyroodhouse. Sederunt: HM High Commissioner, Lord Chancellor, Marquis of Lothian, Earl of Loudoun, Earl of Crawford, Earl of Buchan, Earl of Haddington, Earl of Northesk, Earl of Forfar, Earl of Hyndford, Earl of Cromartie, Earl of Roseberry, Earl of Glasgow (TD), Lord Archibald Campbell, Lord Forbes, Lord Advocate, Lord Justice Clerk, Lord Arnistoun, Lord Anstruther, Mr Francis Montgomery, Laird of Ormistoun younger. Her majesty’s writer, Commissary Alves order to append the privy seal to all gifts of escheat and the principal writer to the signet is ordered to deliver up the old seal to the PC prior to the appointment of a new privy seal by her majesty. Libel at the instance of John Blair against Inglis, Lauder and Grahame. Libel proponed and the defenders promised to live peaceably and not to preach at Muthill or exercise any ministerial function there. Libel poor Francis Bell against Johnstone of Knockhill. Libel admitted to probation and 24 July for it to be dealt with at second diligence. Committee named to deal with the process between James Stewart and John Chalmers and to meet at 10am the next day. The earl of Cromarty and Lord Forbes were present at PC and qualified themselves in the usual form as councillors. Petition of John Grier remitted to the committee previously appointed to deal with the case between Canon and Grier of Lagg. Petition of the tacksmen of the paper manufactory and refused. Mentions that Evan MacIver (tacksman of the Scots paper-mills) and James Watson (Edinburgh printer) were the signatories of this petition. Watson was printer of a text entitled Scotland Reduced by force of armes and made a province of England and they were both ordered to appear before the PC on the next council day. PC orders the macers to apprehend the authors of the Courant and to bring them before the PC the next council day to answer questions about a specific paragraph in the Courant. Also discharges the printers and authors of both the Courant and the Gazette from printing or selling them to the public until further orders from the council. Petition of Captain William Hutchisone from the province of Maryland for a bond and warrant to transport people to her majesty’s plantations in America. Clerks of council ordered to deliver it. Goodtrees acquaints the board with the case of James Drysdaill who had been sentenced to banishment and was ordered to find sufficient caution but had failed to do so and that he was in a starving condition. He was allowed to find caution again and depart the kingdom according to the terms of the sentence from the lords of justiciary. The keeper of the tolbooth was ordered to set him at liberty.
2	26/6/1705	Petition of Captain William Hutcheson from the province of Maryland and response of the council signed by Seafield.
3	26/6/1705	Warrant stopping the printing of the Courant and the Gazette and citing the authors to appear before the council. Signed by Seafield.
4	26/6/1705	Bill of suspension Stewart against Chalmers. Includes comments from council singed by Seafield from 30 May and 26 June 1705.
5	26/6/1705	Order to Commissary Alves to append the privy seal to all gifts of escheat.
6	26/6/1705	Printed petition of John Grier in Bank in the process brought against him and others by Alexander Cannon. Comments on the back signed by Seafield.
7	26/6/1705	Liberation of James Drysdaill from Goodtrees. Signed by Seafield.
8	26/6/1705	Petition of John Grahame and James Lauder.
9	26/6/1705	Petition of John Grahame and James Lauder.
10	26/6/1705	Note of business on 26 June⁵ Libel agent of the Kirk against Inglis, Lauder and Grahame Libel poor Francis Bell against Johnstone of Knockhill and others Libel the agent for the Kirk against Inglis, Lauder, and Graham Bill of suspension Baillie Stewart in Elgin against Chalmers Petition Thomas Hammond Petition John Grier and others Petition Baillie Stewart in Elgin Petition Captain William Hutchisone Petition the tacksmen of the paper manufactory
2-24 July 1705 [7 items]
1	2/7/1705	Instrument John Doig and Mr John Willison against Francis Molyson
2	20/3/1705	Libel John Blair agent for the Kirk against McMillan and others. Letters of denunciation against the defenders to be directed by way of messengers at arms
3	24/7/1705	Petition of James Burne and others of the deceased Captain Green’s crew
4	24/7/1705	Reprieve to Keigle and the other eight members of Captain Green’s crew
5	24/7/1705	Petition for Charles May.
6	24/7/1705	Petition of James Donaldson writer of the Gazette to the Duke of Argyle and the PC. As per the petition the PC allows Adam Boig to be cited and removes the former ‘stop’ placed on the printing of the Gazette.
7	24/7/1705	Passport to be given to Colonel William Arrat who had been in foreign service and had come over with King William from Holland at the revolution. Passport granted and he was allowed to go in service of the Muscovite army.
1-29 August 1705 [16 items]
1	1/8/1705	Sederunt and minutes of council 1 August (called extraordinary) Sederunt: HM High Commissioner, Lord Chancellor, Marquis of Annandale, Earl of Loudoun (S), Earl of Mar, Earl of Haddington, Earl of Leven, Earl of Balcarres, Earl of Glasgow, Lord Archibald Campbell, Lord Register, Lord Justice Clerk. Warrant to the magistrates of Glasgow to deliver the prisoners from the French privateer to some of her majesty’s forces and have them delivered to Edinburgh. Warrant to Lt Gen Ramsay to send a party of soldiers to collect the French prisoners from Glasgow. Warrant to the magistrates of the Canongate to receive the French prisoners. Warrant to the magistrates of Leith to receive others of the French prisoners.
2	1/8/1705	Warrant to the magistrates of Leith. Signed by Seafield.
3	1/8/1705	Warrant to the magistrates of Glasgow. Signed by Seafield.
4	1/8/1705	Warrant to the magistrates of Canongate. Signed by Seafield.
5	1/8/1705	Warrant to Lt Gen Ramsay. Signed by Seafield.
6	9/8/1705	Witnesses in the case between the agent for the Kirk and John McMillan, late minister at Balmaghie.
7	9/8/1705	Double of the above witnesses in the case of John Blair against John McMillan.
8	20/8/1705	Contract from William Cochrane of Ochiltree asking for payment of money for stones from Mr Benjamine Robinsone and putting this in writing with the concourse of Lt Col Erskine in case of the event of non-payment.
9	21/8/1705	Sederunt and minutes of council 21 August, at Holyroodhouse (called extraordinary). Sederunt: HM High Commissioner, Lord Chancellor, Duke of Queensberry, Marquis of Annandale, Marquis of Montrose, Earl of Loudoun, Earl of Crawford, Earl of Sutherland, Earl of Mar, Earl of Morton, Earl of Haddington, Earl of Kintore, Earl of Dunmore, Earl of Stair, Earl of Glasgow, Earl of Hopetoun, Lord Archibald Campbell, Lord Ross, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Anstruther, Mr Francis Montgomery, Lord Provost of Edinburgh. Petition from the merchants of Edinburgh on their behalf and on the behalf of the other merchants and traders within the kingdom of Scotland. Committee named to hear the petition and compile a letter to be sent to the queen. They were to meet at 10am the next day and 3 to be a quorum. Petition from Sir John Shaw of Greenock. Committee named to deal with it and add in a paragraph concerning it to the letter being sent to the queen. PC orders the committee formerly named to deal with priests and trafficking ‘papists’ to meet the next morning to consider the representation which had been given in by the GA Commission concerning church irregularities and disorders and to consider the reports of ‘papists’ sent into the PC clerks. Petition of John Ross of Neuck on behalf of the magistrates and council of Nairn. PC approves of a voluntary collection north of the Tay and in Leith, Canongate and Edinburgh to be used to repair a bridge over the River Nairn.
10	21/8/1705	Petition for the merchants of Edinburgh for themselves and on behalf of the other merchants and traders in the Kingdom of Scotland.
11	undated⁶	The list of Sir John Shaw of Greenock’s tenants who were prisoners in Dinan in the Kingdom of France. John Adams, master; Patrick Mudie; John Car; John McKein; James Shearer; William Richie; Robert Crane; Archibald Millor; William Rodger; Mathew Scot.
12	21/8/1705	Petition of Sir John Shaw of Greenock. Mentions that a ship bound for Glasgow from Lisbon had recently been seized by French privateers, of which crew the majority were the petitioner’s tenants from Greenock. He asks for the PC to intervene in the issue and suggests exchanging an equal number of prisoners from the recently captured French privateer near Glasgow.
13	21/8/1705	Committee named to deal with Shaw of Greenock’s petition and insert a paragraph regarding it into the letter being sent to the queen. Signed by Seafield.
14	21/8/1705	Petition of John Ross of Neuck from him and on behalf of the magistrates and council of Nairn. Addition overleaf, signed by Seafield, confirming that when sufficient caution was found the right to use the money from the voluntary collections for repairing the bridge would be granted.
15	21/8/1705	Committee formerly named to deal with trafficking ‘papists’ and priests to deal with the representation from the Commission of GA and the reports of Catholics. Signed by Seafield.
16	21/8/1705	Committee named to deal with the petition from the merchants of Edinburgh. Signed by Seafield.
25 August 1705 [10 items]
1	25/8/1705	Sederunt and minutes of council, 25 August at Holyroodhouse (called extraordinary) Sederunt: HM High Commissioner, Lord Chancellor, Duke of Queensberry (PS), Marquis of Annandale (S), Marquis of Montrose, Marquis of Lothian, Earl of Loudoun, (S), Earl of Sutherland, Earl of Morton, Earl of Haddington, Earl of Northesk, Earl of Balcarres, Earl of Glasgow (TD), Earl of Hopetoun, Lord Archibald Campbell, Lord President of Session, Lord Justice Clerk, Lord Anstruther, Mr Francis Montgomery, Lord Blackadder. Committee named to examine Adam Boig, author of the Edinburgh Courant the next day at 10am. Robert Forbes clerk ordered to deliver to the Duke of Gordon an extract of a letter sent by the earl of Roxburgh to Tweeddale concerning the burgh of barony of Fort William. Montrose tells the PC that two of the French prisoners were willing to remain in the kingdom and as tradesmen were willing to continue to ply their trades in Scotland. Orders them to be set at liberty. Earl of Minto ordered to deliver up two bonds. Prorogation of Drysdaill’s banishment.
2	25/8/1705	Representation from Montrose concerning the French prisoners. Signed by Seafield.
3	25/8/1705	Order to Robert Forbes (clerk to PC) to deliver the letter from Roxburgh to Tweeddale to the Duke of Gordon. Signed by Seafield.
4	25/8/1705	Committee named to interrogate Adam Boig, author of the Edinburgh Courant. Signed by Seafield.
5	25/8/1705	Letter to the queen ‘anent free trade with France & Spain’. This includes the paragraph acquainting the queen with the case of the prisoners held by the French. Signed by Seafield.
6	25/8/1705	Order for Lord Minto to deliver up the two bonds belonging to George Maxwell of Orchartoun. Signed by Seafield.
7	25/8/1705	Petition for James Drysdaill meal maker in Gilmerton asking to be allowed to stay at home rather than conform to his sentence of banishment.
8	25/8/1705	PC reprieves James Drysdaill from his sentence of banishment until 1 November. Signed by Queensberry, Annandale, Montrose, Northesk, James Murray, Argyll, Seafield, Loudoun, and Balcarres.
9	25/8/1705 – 2/10/1705	Report of the committee anent Adam Boig. He apologised for any wrongdoing and the committee removed the ban on the printing of the Edinburgh Courant. Overleaf there is a further paragraph of commentary on the case dated 2 October and signed by Seafield. This states that his rights to print the paper were fully reinstated under the express condition ‘That he shall publish nothing Concerning the Government till first the samen be Revised by the Clerks of privy Councill’.
10	29/8/1705	Printed petition of Adam Boig.
5-28 September 1705 [10 items]
1	5/9/1705	Sederunt and minutes of council, 5 September at Holyroodhouse (called extraordinary) Sederunt: HM High Commissioner, Lord Chancellor, Duke of Queensberry, Marquis of Annandale, Earl of Loudoun, Earl of Morton, Earl of Balcarres, Earl of Stair, Earl of Glasgow (TD), Lord Archibald Campbell, Lord Register Orders to Captain Gordon to go to Newcastle and take the French prisoners there. Order to the magistrates of Canongate and Leith to deliver the French prisoners to Captain Gordon
2	5/9/1705	Order for the magistrates of Canongate and Leith concerning the exchange of prisoners save for the master of the French privateer and 9 of his crew who were to remain prisoners. Signed by Seafield.
3	5/9/1705	Orders to Captain Gordon to transport the prisoners to Newcastle. Signed by Seafield.
4	8/9/1705	Sederunt and minutes of council 8 September at Holyroodhouse (called extraordinary) Sederunt: HM High Commissioner, Lord Chancellor, Duke of Queensberry, Marquis of Lothian, Earl of Morton, Earl of Balcarres, Earl of Glasgow (TD), Earl of Hopetoun, Lord Archibald Campbell, Lord Forbes, Mr Francis Montgomery ‘Passport Granted to Captain Mitchell Godet ut inscriptis’
5	8/9/1705	‘Committe for considering how far the Council may nominat Justices of peace and the Extent of their Office’ Sederunt: Lord President of Session, Lord Advocate and Mr Francis Montgomery This was in response to a representation from the commissioners of supply in the shire of Elgin and Forres ‘to see how far the Council can medle in naming Justices of peace & the extent of their office’. Mentioning an act of parliament of 1661 and another unprinted one from 1690 the committee found that the PC was empowered to nominate JPs in the shire. Signed by Goodtrees.
6	8/9/1705	Passport granted to Captain Mitchell Godet.
7		Instrument & protest William Wallace convener against John Hutcheson and others ‘upon deforceing the touns offices’
8	27/9/1705	Protestation Patrick Wallace (treasurer of Arbroath burgh council) against Alexander Webster and William Ramsay (both bailies in Arbroath) concerning the election of the provost of the burgh.
9	27/9/1705	Instrument by David Ramsay against John Hutcheson and others. Also concerns the election of the provost of Arbroath in 1705.
10	28/9/1705	Protestation William Ramsay against the election of the Magistrates of Arbroath and answers to bailie Ramsay’s instrument.
24-26 September 1705 [28 items]
1	24/9/1705	‘Attestation upon soull and conscience for Captain Livingston’, from a Dr David Mitchell.
2	(undated) 1705	Attestation Dr Drummond and Mr Baillie to Captain John Livingston
3	26/9/1705	Sederunt and minutes of council, 26 September at Holyroodhouse. Sederunt: Lord Chancellor, Duke of Queensberry (PS), Marquis of Annandale (S), Earl of Loudoun (S), Earl of Crawford, Earl of Morton, Earl of Leven, Earl of Balcarres, Earl of Forfar, Earl of Dunmore, Earl of Hyndford, Earl of Cromarty, Earl of Stair, Earl of Roseberry, Earl of Glasgow (TD), Lord Archibald Campbell, Lord Forbes, Lord Ross, Lord President of Session, Lord Register, Mr Francis Montgomery. PC allows Lt Gen Maitland to go to London until 1 January 1706. Reprieve to Captain Green’s crew. Petition of John Urquhart of Meldrum and allows him to intromit and uplift 2 years (1703 & 1704) rents belonging to the Lady Perth (his mother) out of her liferent. PC gives order and warrant to Captain Thomas Gordon to sail from Leith to Tinmouth and convoy with any Scottish ships that were homeward bound to ensure their safe passage. Considering the petition of Captain Livingston, formerly of her majesty’s regiment of foot, plus the two attestations the council delays his sentence of banishment until further orders. Considering the petition from the commissioners of supply from Elgin and Forres plus the report of the committee named to deal with it, the PC appoints the same committee to meet and come to the next council day with commissions prepared appointing JPs in those shires. The committee was to meet at 10 am the next day with 2 being a quorum. Petition from James Steven usher depute to the Exchequer. PC recommends his petition to the Treasury for payment of £50 sterling. Committee named to prepare and bring into PC the next council day a commission prohibiting the importation of Irish victual. Petition of Andrew Wauch, under clerk of council. His petition was recommended to the Treasury for his going to Dunglass milne with a sergeant and some soldiers to take trial of the rabblers there. Petition from earl Marischal on behalf of the inhabitants of Peterhead. PC allows him to uplift money from voluntary collections in order to pay for repairs to the harbour of Peterhead. Petition from the macers of the PC & Exchequer. Petition recommended to the Treasury to pay them for two year’s service in inspecting the public accounts according to an act of parliament and for their diligent service, great expense and effort in executing commissions and calling people to be tried and questioned for their liability to pay the poll tax of 1693 in addition to attending the parliamentary commissioners in the last session of parliament. The servants of the exchequer were also recommended to the treasury. Thomas Hammond and John Johnstone also recommended to the treasury. David Miller also recommended to the treasury. James Ogilvie also recommended to the treasury. Petition of Alexander Gilmour of Craigmillar also recommended to the treasury.
4	26/6/1705	Note of business on 26 September⁷ Process to be advised the earl of Northesk against fishermen Commission to the earl of Wigton to be stewart of Strathren⁸ Report anent the Robbers of the packet Report of the committee anent Adam Boig Report of the committee anent the shire of Elgin Sailing orders to Captain Gordone Petition the laird of Meldrum Petition LT Col Ogilvie Petition the laird of Craigmillar Petition William Shaw Petition Fleets and others in Orkney Petition the Earl Marischal Petition Thomas Hammond Petition for the persons that furnished horse to the under clerk anent the robbing of the packet Petition Andrew Wauch under clerk of council Petition the heritors of Drumlanrig Petition the macers of the session Petition Charles May Petition the keepers of the parliament house Petition Captain Livingston Petition the servants of the exchequer Petition David Millar Petition James Stevens usher Petition the Laird of Craigmillar Petition James Davidsone Petition the macers of Session Petition Greens crew
5	(undated) 1705	Petition from the people who furnished horses for those soldiers who went to Dunglass regarding the packet
6	26/9/1705	Petition the earl Marischal and the town of Peterhead
7		Petition for Andrew Wauch under clerk to the Privy Council. Also PC order overleaf signed by Seafield.
8	26/9/1705	Act in favour of the laird of Meldrum. Signed by Robert Forbes PC clerk.
9		Petition of James Steven, depute usher of the Exchequer, with council response signed by Seafield.
10	(undated) 1705	Petition from the remaining crew of Captain Green’s ship to Argyll (HM Commissioner) and the PC.
11	26/9/1705	Reprieve granted to Henry Keigle and other members of Captain Green’s crew. Signed by Queensberry, Dunmore, Annandale, Crawford, Argyll, Seafield, Loudoun, Morton, Leven, and Forfar.
12	26/9/1705	Petition of the macers to the PC. With reply detailing council decision signed by Seafield.
13	26/9/1705	Petition from Thomas Kennedy and John Johnstone, keepers of Parliament House. Council decision signed by Seafield overleaf.
14	26/9/1705	Petition for the four ordinary macers to the Lords of Council and Session. Council decision signed by Seafield overleaf.
15	26/9/1705	Petition for Captain Livingston. Council decision signed by Seafield overleaf.
16	26/9/1705	Petition of Lt Col Ogilvie for himself and on behalf of Sir John Shaw of Greenock and Sir Archibald Campbell of Clunes. Concerns the importation of Irish victual.
17	26/9/1705	Committee named for preparing a commission regarding Irish victual.
18	26/9/1705	Report of the committee for ‘hindering the Irish victual’. Sederunt: Earl of Leven, Lord Archibald Campbell, Lord President of Session, & Lord Advocate. Signed by Goodtrees.
19	(undated)	Petition of Colonel Henry Monro of the County of Antrim. Claimed he wanted to visit the north of Scotland with his sons and required horses to do so, and as such needed exemption from the ban on importation of Irish victual.
20	26/9/1705	Committee anent the Justices of the Peace in the shire of Elgin. Committee to meet at 10am the next day and bring in commissions naming JPs in that shire.
21	26/9/1705	Petition for David Millar and Thomas Kennedy, servants in Parliament House. Council decision signed by Seafield at bottom of page.
22	26/9/1705	Petition for James Ogilvie servitor to Sir James Justice one of the principal clerks of session. He asks for payment for transcribing the records of the last session of parliament. Council decision recorded underneath and signed by Seafield.
23	26/9/1705	Printed supplication of Sir Alexander Gilmour of Craigmillar
24	26/9/1705	Sailing orders for Captain Green. Signed by Seafield.
25	26/9/1705	Warrant allowing Maj Gen Maitland to go to London.
26	26/9/1705	Petition from the under clerk of council. Council decision signed by Seafield at the bottom of page.
27	26/9/1705	Petition from John Urquhart of Meldrum. Council decision signed by Seafield recorded overleaf.
28	undated	Petition for the Countess and Earl of Perth and Drummond of Blair their factor. Likely dated after 26 September because it mentions Urquhart of Meldrum’s petition of ’26 Septr: Last’. This seems to be a counter to that petition and the decision of council following it.
2-29 October 1705 [39 items]
1	2/10/1705	Sederunt and minutes of council 2 October 1705, at Holyroodhouse Sederunt: HM Commissioner, Lord Chancellor, Duke of Queensberry (PS), Earl of Loudoun (S), Earl of Sutherland, Earl of Haddington, Earl of Balcarres, Earl of Forfar, Earl of Dunmore, Earl of Cromarty, Earl of Stair, Earl of Roseberry, Earl of Glasgow (TD), Lord Archibald Campbell, Lord Forbes, Lord Ross, Lord President of Session, Lord Register, Lord Justice Clerk, Mr Francis Montgomery, Laird of Ormistoun younger. Commission in favour of Col Patrick Ogilvie of Cairns, Sir John Shaw of Greenock & Sir Archibald Campbell of Clunes for hindering the importation of Irish victual. Appointed to a committee to prepare a bond and commission. Petition from Col Ogilivie and the others named above. Council orders the commander in chief to send dragoons and soldiers west to prevent the importation of Irish victual. Proclamation proroguing the meeting of commissioners of supply in several shires until November to meet and discuss the cess. Goodtrees ordered to take relevant oaths from Captain Green’s crew who were imprisoned before they could make use of her majesty’s remission granted to them. Order to Captain Thomas Gordon of the Royal Mary to sail from Tinmouth to Scarborough and convoy with ships returning home. PC considers the report of the committee named to deal with Adam Boig’s petition and approves of the committee’s decision to take off the ‘stopt’ on his printing of the Courant, allowing him to do so as long as he did not print anything to do with the government. Petition of the earl of Haddington and the laird of Moristone, heritors in the parish of Lendell. Appointed to be seen and answered before 2 November. In the meantime the lords of council discharge them from either building a new church in the parish or reparing the old church there. Earl of Balcarres, Leven and Anstruther are to bring in a report on the next council day regarding the rabble in Pittenweem to do with the witches there. Petition of George Mackenzie. PC allows him to remain in the kingdom seeing that he enacts himself for good behaviour in the books of council and promises not to correspond with any of her majes’y’s rebels. Petition from Thomas Hammon. Appointed to be seen and answered by the African Company or any other concerned by the next council day. PC adjourned until next Tuesday at 10am.
2	2/10/1705	Petition of Col Patrick Ogilvie for himself, John Shaw of Greenock and Sir Archibald Campbell of Clunes. Council decision overleaf signed by Seafield.
3	2/10/1705	Commission in favour of Ogilvie, Shaw and Campbell for hindering the importation of Irish victual. Signed by Seafield.
4	undated	Petition of the remnant crew of the deceased Captain Green’s ship.
5	2/10/1705	Commission to Captain Gordon to sail the Royal Mary from Tinmouth to Scarborough. Signed by Seafield.
6	2/10/1705	Leven, Balcarres and Anstruther to bring in a report on the rabble in Pittenweem to the next council day. Signed by Seafield.
7	2/10/1705	Order to Goodtrees to take the oaths from Captain Green’s crew. Signed by Seafield .
8	2/10/1705	Petition of the earl of Haddington and the laird of Moristone. Council decision signed by Seafield is recorded overleaf.
9		Petitioin of Thomas Hammond and company who were owners and freighters of the ship The Worcester. Council decision signed by Seafield at bottom of page.
10	undated	Scroll commission in favour of Ogilvie, Shaw and Campbell for hindering the importation of Irish victual and prohibited goods.
11	2/10/1705	Commission in fabour of Ogilvie, Shaw and Campbell for hindering the imporation of Irish victual, etc.
12	3-4/10/1705	Latin commission in favour of Alexander Maitland of Pitrichie(?) to be one of the clerks to the privy council.
13	3/10/1705	Committee for adjusting the bond granted to Ogilvie, Shaw and Campbell for hindering the importation of Irish victual. Sederunt: Earl of Glasgow, Archibald Campbell (President of Session), Goodtrees and Mr Francis Montgomery. Signed by Glasgow.
14	3/10/1705	Order and proceedings of the committee named to deal with the bond for Ogilvie, Shaw and Campbell.
15	After 4/10/1705	Petition of the remnant members of Captain Green’s crew.
16	4/10/1705	Sederunt and minutes of council, Thursday 4 October 1705, at Holyroodhouse. Sederunt: HM High Commissioner, Lord Chancellor, Earl of Mar, Earl of Loudoun, Earl of Sutherland, Earl of Morton, Earl of Haddington, Earl of Leven, Earl of Balcarres, Earl of Forfar, Earl of Dunmore, Earl of Stair, Earl of Roseberry, Earl of Glasgow (TD), Lord Archibald Campbell, Lord Forbes, Lord Register, Lord President of Session, Lord Justice Clerk, Mr Francis Montgomery, Laird of Ormistoun younger, Lord provost of Edinburgh. Commission for the earl of Mar to be conjunct secretary of state. Read and the formalities of the oaths, etc. were administered. Commission for Alexander Maitland of Pitrichie to be conjunct clerk of PC presented by Robert Forbes (clerk). As usual he received this commission on his knees and then took the relevant oaths. Seafield ordered to deliver the commission for Captain Green’s crew to the provost of Edinburgh so that they could swear the relevant oaths to her majesty. After qualifying, the keepers of the tolbooth were ordered to set these men at liberty. Commission for JPs in the shires of Forres and Elgin. Voted, approved and ordered to be recorded. Petition of James Anderson, writer to the signet. Petitioner allowed to correspond with people in Fracne regarding the transport of ancient charters and seals of the kingdom of Scotalnd. This was for the compilation of a book entitled Ane Historical Essay shewing that the Corwne and Kingdom of Scotland is Imperrial and Independent. All others were discharged from printing, etc. this book for the space of 19 years under pain of 500 merks. Petition from Robert Forbes advocate. PC allows him a voluntary contribution to be collected in the parish churches of Edinburgh, Canongate and Leith and north of the Forth for building a bridge over the water of Dee at ‘Pattarch'(?). PC considers the report of HM advocate concerning the robbing of a packet and remits the issue onto the lord advocate to raise a libel against the perpetrators. To be dealt with on fist council day in November. Petition from William Shaw and committee named to hear it. Petitioin from Gilbert Mushet, prisoner in the tolbooth of Glasgow asking to be set at liberty, which the PC grants and orders this to be transmitted to the keepers of the tolbooth. Petition from the heritors of the parish of Dunfermline. Remitted to the committee for naming JPs in Elgin to make report at the next council day. Several people added to the committee named to deal with Turpie slave in Algiers, to hear another petition and come to the next council day with a report concerning it. Petition of Flett in Orkney with answers from Stewart of Burray. Read, refused, and not signed. Petition from the servants of the clerks of parliament. Recommended to the commissioners of the treasury to reimburse them. PC adjournd until the first Tuesday of November.
17	undated	List of Justices of the Peace given into the PC to be nominated by them for the shires of Elgin and Forres.
18	4/10/1705	Commission naming JPs in the shires of Elgin and Forres. Signed by Queensberry, Loudoun, Sutherland, Balcarres, Dunmore, Stair, Archibald Campbell, Seafield, Mar, Leven, Forfar, Roseberry, Glasgow, Forbes and Ross.
19	4/10/1705	Petition of Mr Gilbert Mushet, ministers of the gospel and prisoner in the tolbooth of Glasgow. Council decision recorded at the bottom and signed by Seafield.
20	4/10/1705	Petition of the heritors of the presbytery of Dunfermline, concerning the want of JPs in the region. Council decision remitting this matter to the committee previously named to deal with JPs in the shires of Elgin and Forres recorded at the bottom of the page and signed by Seafield. Overleaf is a further council decision (dated 6 October and signed by Cromarty) showing that a committee was named to appoint JPs in Fife and was to meet the next day at 10am.
21	4/10/1705	Petition of Sir Robert Forbes advocate. Council decision signed by Seafield recorded overleaf.
22	4/10/1705	Seafield recommended to deliver the commission in favour of Captain Green’s crew to the provost of Edinburgh. Signed by Seafield.
23	4/10/1705	Petition from the servants to the six clerks of Parliament. PC decision remitting the petition to the treasury (unsigned) is recorded overleaf.
24	4/10/1705	Petition for David Flett of Grathay. Council decision refusing the petition is recorded overleaf (unsigned).
25	4/10/1705	Petition of James Anderson writer to the signet. PC decision granting him the right to print the book is recorded and signed by Seafield overleaf.
26	4/10/1705	Representation by Mr David Williamson, minister at West Kirk ‘in Reference to the affair of the captivs at algiers’. PC decision remitting the issue to a committee which was to report back the next full council day is recorded and signed by Seafield.
27	4/10/1705	Report of HM advocate concerning the breaking up and robbing of the packet. Order for LA to raise a process is recorded overleaf and signed by Seafield.
28	4/10/1705	Petition of William Shaw brushmaker. Committee named, PC decision signed overleaf by Seafield.
29	4/10/1705	Latin commission in favour of the earl of Mar being made one of the principal secretaries of state.
30	4/10/1705 – 29/11/1705	Letters of complaint John Huthcesone, former provost of Arbroath and others (including several magistrates of the burgh) against David Ramsay current provost of Arbroath. This concerns the election of the provost in the burgh which was disputed before the privy council.
31	5/10/1705	Enactment by Adam Boig.
32	12/10/1705	Certification of Mr William Durham’s arrival in Rotterdam. He was a suspected ‘trafficking papist’. Signed by several individuals such as the Archbishop of Glasgow’s son and two medical students.
33	15/10/1705	Execution in the principal libel between John Hutchesone and David Ramsay.
34	16-17/10/1705	Execution in the principal libel above against witnesses.
35	25/10/1705	Letters of reconvention the earl of Home against the earl of Haddington and others.
36	25, 26, & 30/10/1705	Libel at the instance of the lord advocate against Mr James Strachane, incumbent at St Phillans, Andrew Bruce, late incumbent at Pittenweem and John Matterly late incumbent at Ceres.
37	26/10/1705	List of the tenants’ names and designations (in the parish of Meldrum) and their payments to the Countess of Perth as part of her ‘pintur Landes’ for the years 1703-5.
38	26/10/1705	Letters of reconvention David Ramsay and others against John Hutcheson and others.
39	29/10/1705	Execution of the principal parties contained in the reconvention.
1-29 November 1705 [63 items]
1	1, 3, & 6/11/1705	Execution of the parties of reconvention
2	3 & 5/11/1705	Libel at the instance of the lord advocate against Mr Arthur Millar, late incumbent at Inveresk, Mr James Strachane, late incumbent at St Phillans, and Mr Andrew Bruce, late incumbent at Pittenweem, and Mr Matterly late incumbent at Ceres.
3	12/11/1705	Further statements from the brother of Arthur Millar, late incumbent at Inveresk in relation to the libel raised against his brother and others by the lord advocate.
4	13/11/1705	Sederunt and minutes of council, 13 November, at the council chamber. Sederunt: Duke of Queensberry, Earl of Morton, Earl of Haddington, Earl of Lauderdale, Earl of Forfar, Earl of Stair, Earl of Roseberry, Lord Haddo, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Arnieston, Lord Halcraig, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Laird of Ormistoun younger, Lord Provost of Edinburgh. Queensberry elected praeses in absence of the Chancellor. Libel the earl of Haddington and Andrew Kerr of Moristone against the earl of Home and others. Also the libel of reconvention in the opposite direction was heard, all parties and their advocates were present. The PC admits both liels to probation. A committee is named to agree and settle with both parties and hear witnesses. It was to meet at 10 am the next day. Libel at the instance of Goodtrees against Robert Cadle, former minister. Both parties compeared before the PC and the PC prohibited Cadle from preaching or exercising any of his ministerial function within 20 miles of Elgin and orders the meeting house he used to keep in the town to be shut up and letters of horning directed to that end. Petition from Col James Stewart deputy governor of Ediburgh Castle, appointed to be seen and answered. Petition from George Mackenzie read and granted. The penalty was set at 1,000 merks. PC adjourned until Tuesday 20 November at 3pm.
5	13/11/1705	Petition for George Mackenzie.
6	13/11/1705	Petition of Colonel James Stewart. Council decision recorded overleaf and signed by Sutherland.
7	undated	Petition of Mark Ker of Houndwood concerning the importation of Irish victual.
8	undated	Commission in favour of Mark Ker of Houndwood for hindering the importation of prohibited goods
9	20/11/1705	Sederunt and minutes of council, Tuesday 20 November, at the Council Chamber. Sederunt: Earl of Sutherland, Earl of Haddington, Earl of Lauderdale, Earl of Forfar, Earl of Hyndford, Earl of Glasgow (TD), Lord Haddo, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Arniston, Lord Halcraig, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Laird of Ormistoun younger, Lord Provost of Edinburgh. Sutherland elected praeses. Petition given in by Charles earl of Home and others. PC delays the prcesses between the petitioners and the earl of Haddington until the next Thursday and orders all parties to submit their papers to the clerks of the council Bill of suspension the tenants of Meldrum against the laird of Meldrum. This was to be intimated to the laird by a notary and he was to see and answer the issue on the second council day of December. PC sists execution in the meantime. Petition by Bartholomew Gibson to be seen and answered by the town of Edinburgh the next council day. Petition by Colonel James Stewart and answers of the African Company. Committee appointed to see to the matter and meet the next day at 10am. PC orders the acts of the last session of parliament to be sold at £1, 10s and discharges Mrs Anderson from exacting any more fees than that. PC considers a petition from Agnes Campbell (HM printer) and allows her and her assignees the right to print the acts of parliament from JVII’s reign and those since the revolution in one volume. PC discharges any others from doing the like for the space of 19 years under the penalty of 500 merks. Petition from Robert Monteith, master of the arts, asking for the licence to print two texts, one of which was the Ancient Epitaph upon JVI entitled ane wounde heart sacrificed in tears etc. by Walter Stewart of Eymouth. The second was ‘ane Ingenuous ane faceciaouse Rhythmicall Poeam in Latine’ the title of which I’m not sure of, so REVISIT. He is granted the licence and all others are discharged from printing these texts for the space of 19 year under the penalty of £120 Scots. Petition of Thomas Hammond considered with a representation from the African Company. These are remitted to the judges of the High Court of Admiralty. Petition from Gabriel Hall remitted to the Treasury. Adjourned until Thursday 22 November at 3pm.
10	20/11/1705	Representation and answers for the Indian and African Company to the petition of Thomas Hammond and Patrick Stewart etc.
11	20-29/11/1705	Petition of Bartholomew Gibson. Council decision from 20 November recorded overleaf and signed by Sutherland along with another from 29 Novembre and signed by Hyndford.
12	20/11/1705	Petition fro Mr Robert Monteith. Council decision signed by Sutherland on the same day recorded overleaf as is another (unsigned) from 22 November.
13	20/11/1705	Act in favour of Agnes Campbell.
14	20/11/1705	Petition of Agnes Campbell and council decision regarding it recorded overleaf and signed by Sutherland.
15	20/11/1705	Petition of Gabriel Clark. Council decision remitting the issue onto the Treasury recorded overleaf and signed by Sutherland.
16	undated	‘Answers for Mr Roderick Mackenzie for himself and in name of the Directors of the Indian and African Company of Scotland’ to the petition from Colonel James Stuart governor of Edinburgh Castle.
17	20/11/1705	PC appoints and ordains the acts of parliament from the last session to be sold at £1, 10s Scots and discharges Mrs Anderson from selling them at a higher rate. Signed by Sutherland.
18	20/11/1705	Note of business from 20 November.⁹ Process to be advised the earl of Haddington against the earl of Home. Bill of suspension the tenants of Meldrum Petition Colonel Stewart Petition Bartholomew Gibson Petition Mr Robert Monteith Petition Thomas Hammond and parties Petition Gabriel Clark
19	22/11/1705	Sederunt and minutes of council Tuesday 22 November at the Council Chamber. Sederunt: Earl of Sutherland, Earl of Morton, Earl of Haddington, Earl of Lauderdale, Earl of Leven, Earl of Forfar, Earl of Dunmore, Earl of Cromarty, Earl of Stair, Earl of Roseberry, Earl of Glasgow (TD), Lord Haddo, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Arnieston, Lord Halcraig, Lord Asntruther, Lord Pollock, Mr Francis Montgomery, Laird of Ormistoun younger, Lord Provost of Edinburgh. Sutherland elected praeses in absenc of the Chancellor. Libel at the instance of John Hutchesone late provost of Abroath and some former bailies against David Ramsay and others. PC admits both libels to probation and a committee is named to examine witnesses the next morning at 10am. Libel Home v Haddington and when brought to a vote whether what went on a the kirk of Lendell could be classed as a riot it was carried in the affirmative. Home and his accomplices were therefore found guilty of a riot having carried away stones from the Kirk. They were ordered to return them and the other named persons implicated in the riot were assoilzied and declared free therefrom in all time coming. Petition from James Montgomery merchant in Glasgow and his partners. PC allows him to erect and create a ‘Pinn’ manufactory as per his petition and gives he and his partners sole privilege of doing so. PC adjourned until Tuesday 29 November at 3pm.
20	22/11/1705	Note of business 22 November.¹⁰ Process be advised the earl of Haddington against the earl of Home Libel Hutcheson and others againt Ramsay provost of Arbroath. Libel reconvention ‘e contra’ Petition James Montgomery and partners Petition Bartholomew Gibson Petition for Charles May
21	22/11/1705	Petition of James Montgomery younger, merchant in Glasgow. PC decision signed by Sutherland is recorded overleaf.
22	27/6/1704 – 25/9/1705	¹¹ Extract of two severall acts of the presbytery dated 27 June 1704 and 25 September 1705 produced for the earl of Home
23	10/5/1705	(Printed) double of the Act of the Presbytery of Chirnside anent the Kirk of Lendell, dated 10 May 1705
24	29/9/1705	Instrument of protestation anent the Kirk of Coldsteam produced for the earl of Home
25	4/10/1705	Letters the earl of Haddington and others against the earl of Home
26	8-9/10/1705	Execution the earl of Haddington and others against the earl of Home
27	8-9/10/1705	Execution the earl of Haddington and others against witnesses
28	26-27/10/1705	Execution the earl of Haddington against the earl of Home
29		Execution the earl of Home against the earl of Haddington and others
30	31/10/1705	Execution the earl of Home and others against the earl of Haddington and others
31	31/10/1705	Letters of reconvention earl of Home against Haddington
32	9/11/1705	Extract of the monthly cess from the parish of Lennel produced for the earl of Home
33	undated	Roll of parties and witnesses in the case the earl of Haddington and others against the Earl of Home and others.
34	undated	‘Roll The Earle of Home ag[ains]t E[arle] of Haddingtone and witnesses’
35	14/11/1705	Committee for examining the earl of Home’s witnesses Sederunt: Earl of Lauderdale, Earl of Forfar, Earl of Stair, Lord Haddo, Lord Register, Mr Francis Montgomery and the laird of Ormistoun younger. Lauderdale was elected as praeses and he appended his signature at the bottom of the transcribed witness statements.
36	14 & 15/11/1705	Deposition of witnesses for the earl of Home
37	14/11/1705	Committee for examining the earl of Haddington’s witnesses. Sederunt: Earl of Lauderdale, Earl of Forfar, Lord Haddo, Mr Francis Montgomery and the laird of Ormistoun younger. It notes that Stair and the Lord Clerk Register came in later. Lauderdale elected praeses.
38	undated	(Printed) ‘Information For Thomas Earl of Haddington, and Andrew Ker of Moristoun and the other Heretors of the Paroch of Lennel that adhere to them AGAINST Charles Earl of Home, and such others of the saids Heretors as joyn with him in the matter of the said Kirk of Lennel Humbly offered in answer to the Reconvention raised by the Earl of Home and others.’
39	undated	(Printed) ‘Information & Answers FOR The Earl of Home and others TO The Libel raised against them by the Earl of Haddington and others’
40	undated	‘Interrogatters for the witnesses adduced by the Earle of Haddington and Laird of Moristoun’. Signed by Lauderdale. 13 points to be asked about.
41	undated	‘Interrogatters for the witnesses adduced by the Earle of Home and others against The Earle of Haddingtone’. Signed by Lauderdale. 6 matters to be interrogated on.
42	20/11/1705	Petition of the earl of Home. PC decision for both parties to submit their papers to the PC clerks signed by Sutherland overleaf.
43	22/11/1705	Interlocutor in the process between the earls of Haddington and Home. Signed by Sutherland.
44	22/11/1705	Scroll decreet the earl of Haddington and others against the earl of Home and others.¹²
45	24/11/1705	Declaration from the tenants of Meldrum
46	24/11/1705	¹³ Committee for examining Provost Hutchesone’s witnesses. Sederunt: Earl of Glasgow, Lord Haddo and Mr Francis Montgomery. Glasgow elected praeses and appended his signature to the bottom of the transcribed witness statements.
47	26/11/1705	Committee for examining Provost Ramsay’s witnesses. Sederunt: Earl of Glasgow, Lord Haddo, Mr Francis Montgomery and the Provost of Edinburgh. Glasgow elected praeses.
48	undated	Deposition taken in the mutual Process between Provost Hutchesone and Provost Ramsay.
49	undated	List of parties and witnesses in the case between Provost Hutchesone and Provost Ramsay
50	undated	List of the pursuers, defenders and witnesses in the town of Arbroath’s reconvention against Provost Hutchesone and others.
51	undated	Interrogators for Provost Ramsay against John Hutchesone
52	undated	Interrogators for Provost Hutcheson against others. Signed by Glasgow. There were 10 items for the witnesses and defenders to be interrogated on.
53	undated	(Printed) ‘Answers for Provost Hutcheson and the other Pursuers of the principal Lybel against Provost Ramsay of Aberbrothick and others’.
54	undated	(Printed) ‘Information and answers for David Ramsay Provost, and the remanent Magistrats and Council of Aberbrothick; against John Hutchison sometime Provost, and others his Accomplices.
55	29/11/1705	‘Scroll decreit Provost Hutchison & others against Provost Ramsay and others’
56	29/11/1705	Sederunt and minutes of council, Thursday 29 November at the Council Chamber. Sederunt: Earl of Crawford, Earl of Sutherland, Earl of Haddington, Earl of Lauderdale, Earl of Leven, Earl of Forfar, Earl ofGlasgow, Lord Haddo, Lord President of Session, Lord Advocate, Lord Justice Clerk, Lord Halcraig, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Laird of Ormistoun younger, Lord Provost of Edinburgh. Crawford elected praeses. Address of the GA was read and a committee was named to consider it. This committee was to meet at 3pm the following day. Mutual processes between Hutchison and Ramsay (both former provosts of Arbroath). When it went to a vote, the principal libel was found relevant and so the PC annulled the election of the provost of Arbroath from Michaelmas 1705. This election was considered ‘illegall and unwarrantable. A new election was to be held for the burgh council and magistrates of the burgh and the earl of Northesk was to attend the election to ensure due process. Committee named to deal with the petition of John Shaw of Greenock on the behalf of himself and the other people charged with hindering the importation of Irish victual for the restraining thereof. To meet at 3pm the next day. PC considers the petition of John Stewart prisoner in Edinburgh tolbooth. PC approves of his proposal to serve in the Earl of Orkney’s regiment and orders the keepers of the tolbooth to deliver him up to the earl of Orkney, discharging any others from meddling in this matter. Petition of James Porterfield, schoolmaster in Edinburgh. PC grants him the sole right of printing, reprinting and vending the book entitled Edinburgh’s English Schoolmasters and discharges all others from doing the like for the space of 19 years under the penalty of 500 merks. Petition of William Shaw brushmaker with a report of the committee named to deal with it. Granst him the allowance to establish a manufctory for making brushes of all sorts. Libel the lord advocate against Arthur Miller and others being called, with the pursuer compearing and the defenders absent. Their meeting house in St Andrews was to be shut up. Petition from John Blair, agent for the Kirk. Remitted to the former committee anent church grievances and irregularities. The committee was to meet the next day at 10am. Petition of Bartholomew Gibson and answers from the town of Edinburgh. Lord Advocate and Provost of Edinburgh ordered to call for the petitioner and to adjust matters between him and the burgh. Petition from Charles May ordered to be seen and answered by the African Company. Some councillors were ordered to converse with the directors of the company on the matter in the meantime. Adjourned till next Tuesday at 3pm.
57	29/11/1705	Note of business 29 November. Address the Commission of the General Assembly Process to beadvised Provost Hutchison against Provost Ramsay Libel lord advocate against Miller and others Report of the committee anent William Shaw Petition John Stewart Petition James Porterfield Petition the agent for the Kirk Petition Bartholomew Gibson and answers Petition Charles May Petition Thomas Hammond Petition William Riddell
58	undated	Petition of Charles May, former surgeon on the ship The Worcester
59	29/11/1705	Petition of Charles May. Several council decisions are recorded overleaf. The first was dated 29 November and signed by Crawford. The second was dated 13 December and signed by Sutherland. The third was dated 3 January 1706 and signed by Buchan. The final one was dated 10 January and signed by Motnrose.
60	29/11/1705	Petition of James Porterfield schoolmaster in Edinburgh. Council decision signed by Crawford overleaf.
61	29/11/1705	Letters in the libel case of the lord advocate against Millar and others
62	29/11/1705	Petition of John Stewart prisoner in the tolbooth of Edinburgh. Council decision signed by Crawford at the bottom
63	29/11/1705	Report of the committee anent William Shaw’s (brushmaker) petition.
6-28 December 1705 [11 items]
1	6/12/1705	Sederunt and minutes of council, 6 December, at the Council Chamber. Sederunt: Earl of Leven, Earl of Forfar, Earl of Cromarty, Earl of Glasgow, Lord Haddo, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Halcraig, Lord Pollock, Mr Francis Montgomery, Lord Provost of Edinburgh. Cromarty elected praeses. Considering a proposal from a candlemaker in Kelso, the PC allows David Guthrie to attach himself as a soldier to Ensign Cockburn. The keeper of Edinburgh tolbooth was to deliver him to the Ensign. Petition of James Cunningham of Carlung(?). PC grants warrants to cite witnesses in the case. Robert Forbes (clerk) acquaints the PC that he had heard from Goodtrees about Isobell Eskdaill, who was accused of infanticide. She was allowed to be set at liberty from the tolbooth of Dumfries having found caution in the books of the council under pain of 1,000 merks. Commission to Ludovick Grant for hindering the importation of English victual. Read and laid aside. Several people added to the committee for naming JPs in Dunfermline and they were to meet at 10am the next day PC adjourned until next Tuesday at 3pm.¹⁴
2	11/12/1705	Recommendation to the treasury in favour of Colonel Patrick Ogilvie, John Shaw and Sir Archibald Campbell.
3	8/12/1705	Instrument of protest James Nesbett against Gairsey younger and James Mansone (both notaries public).
4	undated but 6/12/1705	Printed petition of James Cunningham of Carlung. Council decision from 6 December recorded overleaf and signed by Cromarty.
5	6/12/1705	Consent from David Guthrie candlemaker in Kelso to be taken on as a soldier with Ensign Charles Cockburn in Brigadier Ferguson’s regiment.
6	6/12/1705	Representation from Robert Forbes, PC clerk, concerning the release of Isobell Eskdale from Dumfries tolbooth.
7	20/11/1705 – 6/12/1705	Bill of suspension in the case of the tenants of Meldrum against the Countess of Perth. Council decision signed by Sutherland recorded overleaf dated 20 November. A further notice signed by two notaries is recorded here also and dated 6 December.
8	6/12/1705	Instrument of protest David Craigie younger of Gairsey yra(?) James Nisbett with his answers thereto.
9	6/12/1705	Commission in favour of Ludovick Grant of Thurstoun for hindering the importation of prohibited goods.
10	6/12/1705	(Double of above) Commission in favour of Ludovick Grant of Thurstoun for hindering the importation of prohibited goods.
11	6/12/1705	Note of business 6 December.¹⁵ Commission in favour of Count of Thurstoun anent English victual Proclamation explaining the act anent the importation of Irish goods. Petition James Cunningham Petition Charles May
11, 13 & 22 December 1705 [34 items]
1	11/12/1705	Sederunt and minutes of council, 11 December at the Council Chamber Sederunt: Duke of Queensberry, Earl of Crawford, Earl of Sutherland, Earl of Morton, Earl of Buchan, Earl of Lauderdale, Earl of Findlater, Earl of Leven, Earl of Forfar, Earl of Cromarty, Earl of Stair, Earl of Glasgow, Lord Haddo, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Laird of Ormistoun, Lord Provost of Edinburgh. Queensberry elected praeses. Letter from the queen adjourning parliament until 6 February. Read, signed and appointed to be printed and published. Proclamation explaining some clauses in the commission to Ogilvie, Shaw, and Campbell. Read, approved, appointed to be printed and published. Process at the instance of the earl of Northesk against two fishermen (James & Rober Cargills) in Auchmoutie. PC found that they had deserted the earl’s service and ordered them to return to that town and to the service of the earl of Northesk. Anyone aiding or abetting them was threatened with being put to the horn if they did not return. PC adjourned until Thursday 13 December at 4pm.
2	12/12/1705	‘Ane List of the Heretors within the Shyre of Aberdeen Concerted to be Commissioners of Supplie of the said Shyre as Fitt persons to be Justices of peace within the same’.
3	13/12/1705	Committee anent pressed men and for determining debates thereanent
4	13/12/1705	(Printed) ‘Answers for the Laird of Meldrum to The Bill of Suspension offered by the Tenants of Meldrum before the Lords of Her Majesties most Honourable Privy Council’. PC decision signed by Sutherland overleaf.
5	13/12/1705	Sederunt and minutes of council Thursday 13 December at the Council Chamber. Sederunt: Earl of Sutherland, Earl of Morton, Earl of Buchan, Earl of Findlater, Earl of Leven, Earl of Forfar, Earl of Cromarty, Earl of Roseberry, Earl of Glasgow, Lord Haddo, Lord Anstruther, Mr Francis Montgomery, Lord Provost of Edinburgh. Sutherland elected praeses. Bill of suspension the tenants of Meldrum with answers and testament of the factor of Meldrum considered. PC orders both party’s lawyers to be ready to answer the grounds of the bill next Thursday. PC orders the African Companu to give in their answers to Charles May’s petition. Committee anent pressed men.
6	undated	Petition for the Countess and Earl of Perth and Drummond of Blair their factor
7	15/12/1705	‘Extract act of Exclussion qras Harry Alexander notter
8	15/12/1705	Extract act of excluding of Harry Alexander
9	20/12/1705	Note of business 20 December¹⁶ Libel Sir John Jardine against John and Alexander Broune Libel agent for the Kirk against intruders at Fetterosso Second diligence poor Francis Bell against witnesses Report of the committee ananet the magistrates of Canongate and Batholomew Gibson Bill of suspension tenants of Meldrum against the laird to be heard this day Petition John Broune of Cleughheads Petition the magistrates of Aberdeen Petition Charles May Petition James Young Petition Abercromby Petition for some French prisoners taken by Captain Campbell
10	22/12/1705	Double of a commission to Thomas Chieslie to be captain of her majesty’s ship the Dumbarton Castle
11	24 & 26/12/1705	Executions Sir John Jairden against party and witnesses
12	26, 27, & 28/12/1705	Information in the case between Jairden and John Broun of Celughheads with witness signatures.
13	28/12/1705- 3/1/1706	Committee anent Bartholomew Gibson’s petition and the answers of the town of Edinburgh. Council decision on 3 January recorded overleaf and signed by Buchan.
14	1/6/1705	¹⁷ Libel at the instance of the earl of Northesk against the two Cargills. This is the first notice of this issue and relates to Northesk calling them to compear before the PC to answer the charges.
15	31/3/1705	‘Precept of warning The Earl of Northesk against the persons within named’
16	8/12/1705	Instrument Mr David Coupar against Mr James Grahame
17	undated	Printed ‘Answers for Robert and James Cargills, and the Magistrats of Aberbrothwick for their Interest’
18	5/12/1705	Discharge William Stewart To James Cargill
19	7/5/1705	Instrument the earl of Northesk against the magistrates of Arbroath
20	8/6/1705	Execution against the court messengers
21	13/8/1686 or 11/12/1705	‘Regrat Park Earle of Northesk To Cargills
22	28/5/1705	Letters the earl of Northesk against the magistrates of Arbroath and two fishermen
23	udnated	Interrogators for the earl of Northesk. 6 points to be raised in interrogation. Singed by Mar.
24	12/12/1700	‘Receipt William Stewart to Robert Cargill for mertimes 1699 and mertimes 1700′.
25	13/11/1704	Receipt William Stewart to Robert Cargill for his silver(?) rent at Martinmas 1704
26	20/6/1705	Judicial acknowledgemnt of Robert and James Cargills. Signed by Mar.
27	11/12/1705	List of parties and witnesses in the case of the earl of northesk agiasnt the fishermen in Auchmethie.
28	11/3/1705	Short statement by Robert Cargill
29	2/12/1705	Statement from William Stewart, factor to Northesk regading rents payable by Cargill.
30	5/12/1702	Discharge William Stewart to Robert Cargill for martinmas 1702
31	13/11/1704	Discharge William Stewart to Robert Cargill for martinmas 1704
32	23/10/1703	Discharge James Cargill for martinmas 1703
33	2/12/1701	Discharge William Stewart to James Cargill in December 1701
34	11/12/1705	The earl of Northesk against Cargills and others
13.Bonds of Caution, 1705 [18 items]
1	(undated) 1705	John and Archibald Homes for applying the voluntary contribution in the churches of Edinburgh for building a bridge over the water of dee. Mentions an act on 4 October, so is likely dated after that.
2	22/1/1705	Robert Viscount Arbuthnott as principal and Thomas Burnet of Leys as cautioner to pay aliment for Arbuthnott’s brother and sister for their bed, board and schooling.
3	18/1/1705	Anna Chieslie (daughter of deceased John Chieslie) who had been committed to the correction house in Edinburgh at the order of the magistrates there for ‘scandalous cariage and conversation with Sir George Seatinn if Garletone’ had her case taken to the PC, which had recommended her release, she promises to depart the kingdom within 48 hours of this bond of caution being submitted. She promised to do so under pain of being transported to the plantations in America. Patrick Govean and William Ramsay, both writers in Edinburgh as witnesses. Anna affixed her own signature to this bond.
4	17/3/1705	Magistrates and council of Annan for uplifting the custom charges from the bridge over the River Annan to be used for repairing that bridge. 3 witnesses were James Nepier, James Johsnton and Sndrew Anderson.
5	13/4/1705	Barbara Tannahill, prisoner in Edinburgh tolbooth had her sentence of death (decided by court of justiciary) commuted by the PC on 10 April to banishment. She was obliged to find caution in the books of PC and promises to depart between that day and 15 May under pain of death. Witnesses were Patrick Edgar, Adam Borg (merchant), and David Caw.
6	11/6/1705	James Knox present prisoner in the tolbooth of Edinburgh for his involvement in a rabble on 10 May. He was to remove himself from the kingdom by the end of May but failed to enact his bond of caution before then so was granted a reprieve until 13 June. He promises to do so under the highest pains. James Edgar and David Caw witnesses.
7	11/6/1705	Bond and enactment of banishment for William Davidsone. He was also part of the rabble on 10 May for which he was imprisoned in the Edinburgh tolbooth and found caution for his banishment prior to 13 June. James Edgar and David Caw witnesses.
8	30/6/1705	Bond and enactment of banishment for James Drysdaill, a meal maker in Gilmerton. He was to remove himself from the kingdom before 10 July under penalty of 500 merks. Gavin Stenhous and William Simpson witnesses.
9	5/4/1705	Several men (Alexander McGregor, fisherman, John Ramsay, slater, Andrew Flee, weaver, and David Jack) imprisoned in the Edinburgh tolbooth for the murder of Jannet Cornfoot in Pittenweem were appointed to be set at liberty following examination by a committee of the PC seeing that they find sufficient caution. David Caw and Andrew Wauch witnesses plus testimony from the minister of Pittenweem. Small section of Latin at the bottom of the bond. Found caution under pain of 1000 merks.
10	14 or 15/8/1705	Bond under lawburrows. The complainants mention that Archibald Stewart had raised lawburrows against them on 18 July 1705 by way of the courts of Orkney. They signed this bond on the island of South Rondell in Orkney on 15 August 1705. Witnesses were David and Alexander Flett and Robert Dundas.
11	31/8/1705	Enactment of banishment for James Drysdaill that he will depart the kingdom before 1 November. His banishment had been prorogued until that day. Witnesses were Gavin Stenhouse and William Simpson.
12	21/9/1705	Servants and tenants of Sir James Hall of Dunglass present themselves under penalty of 1000 merks. They sign this bond with Alexander, John and James Wauchop along with John Gibson as their witnesses.
13	24/9/1705	Same people as above (servants and tenants of Sir James Hall of Dunglass) presented to the privy council for rabbling of ‘pacquetts’ of the postmaster of Cockburnspath, John Wauchope. They are granted bail.
14	27/9/1705	John Urquhart of Meldrum and his cautioner George Campbell of Orkney promise to make forthcoming what rents he uplifts of his mother’s liferent to those people interested in it.
15	2/10/1705	James Gordon senior, merchant in Edinburgh acts as cautioner for Captain John Livingston of her majesty’s regiment of foot who had been sentenced to banishment. He was to appear before the PC when called and live peaceably under the penalty of £50 sterling. Robert Seton and John Ritchie witnesses.
16	11/10/1705	Bond from Lt Col Patrick Ogilvie, Sir John Shaw, and Sir Archibald Campbell for ‘Their Faithfull executing the Commission for hindering the Importation of Irish Victual & c.’ Commission was dated 2 October and ordered them to seize Irish vessels importing butter, cheese, and any other ‘prohibited goods’. This commission was to last for 3 years or until recalled. They were each to report back to the PC every half year.
17	8/10/1705	Bond of caution Mr Robert Bannerman for Mr John Corser. Voluntary collections from all parish churches within the shire of Lothian and ‘benorth’ the Forth to repair the harbour in Peterhead. George Keith and John Carse witnesses.
18	10/10/1705	Enactment Mr Gilbert Mushet, minister. He was at the time a prisoner in the tolbooth of Glasgow. He was to be set at liberty upon finding caution and promising to remove himself from the kingdom prior to 1 December under penalty of 500 merks and was not to converse with any of her majesty’s rebels. John Pollok, James Hutcheson, and Robert Allan witnesses.

3-31 January 1706 [57 items]
1	(undated) 1706	Memorandum for council letters at the instance of Alexander Tryste/Fyffe(?). Mentions that the debarring and removing of someone from their lawful and rightful property is against the law. Numerous people had committed such crimes against the earl of Errolls properties in Balmelly and had torn down some timber and committed other such crimes.
2	(undated) 1706	Petition of William Cochrane of Ochiltree to her majesty’s high commissioner (Queensberry) and the PC regarding a libel he pursued against Lt Col John Erskine and ‘certain Coalheughers his accomplices’ in a riot. Erskine provided some defence for their actions and the coal hewers had presented a suspension, but Cochrane claimed this was ‘calumnious and frivolous, so he asks to see Erskine’s ‘enactment’ along with calling for letters of horning ‘& oyrs Executorialls’ in his favour.
3	(undated) 1706	Petition of George Wilsone of Sands to Queensberry and the PC. Asks to be assoilzied from the process of reconvention he was involved in with Chochrane of Ochiltree and Lt Col Erskine due to considerable expenses for staying in Edinburgh during the deliberation of the legal process and asks for Erskine to pay some of his expenses.
4	3/1/1706¹⁸	Sederunt and minutes of PC, Thursday 3 January 1706. Sederunt: Earl of Sutherland, Earl of Buchan, Earl of Forfar, Earl of Glasgow (TD), Lord Register, Lord Justice Clerk, Lord Halcraig, Lord Pollock, Mr Francis Montgomery, Laird of Blackader, Lord Provost of Edinburgh. In absence of the Chancellor and President of PC, Buchan is elected praeses. Libel at the instance of Sir John Gairden of Aplegirth against John Broun of Cleughhead and Alexander Broun. Committee appointed to examine the witnesses and meet at 10am the next day; 3 to be a quorum. 17 January appointed as the day when defenders and witnesses are to compeer. Second diligence in the case of ‘poor Francis Bell’ but witnesses did not compeer so 17 January was appointed as the day for hearing and the witnesses were to be summoned. PC removes sist of execution against Bartholomew Gibson regarding non-payment of the cess for some of his lands in the Canongate. Leaves both parties to present their case to ‘the Judg ordinar as accords’. PC appoints Sir David Cunningham of Millcraig, advocate, to be one of the commissioners of supply in the shire of Linlithgow in the place of the deceased Murray of Livingstone. Exchange of French prisoners in Scotland for Scottish prisoners held by the French, organised via communication with John Baptista Lamperour ‘on of the French Kings Councillors Commissioner of the Marine affairs and Governour in the Jurisdiction of St: Mallo’. Ordered to be seen and answered by the African Company. PC heard petition from the magistrates of Aberdeen and delayed it. PC heard the petition from John Abercrombie, a suspected priest and an attestation from a physician pointing to Abercrombie’s indisposition of body. Aberdeen magistrates were to set him at liberty and he was to live peaceably under pain of 100 merks until he was to appear before the PC on 19 February. Gideon Guthrie to appear before PC on 17 January to answer the case of libel raised against him. PC adjourned until ‘Tuesday nixt’ (8 January) at 3pm.
5	3/1/1706	Answers for the burgh of Edinburgh to the petition from Bartholomew Gibson, her majesty’s ferrier, to the PC.
6	3/1/1706	Sir David Cunnningham of Millcraig to be a commissioner of supply in the shire of Linlithgow in place of the deceased Patrick Murray of Livingstone. Singed by Buchan.
7	3/1/1706	PC appoints 17 January as the date for Gideon Guthrie to compeer before them in answer to the libel case against him. Signed by Buchan.
8	3/1/1706	Letters in the case between John Jarden of Aplegirth against John Brown of Cleughheads.
9	3/1/1706	Petition of John Abercrombie, suspected priest held in Aberdeen.
10	3/1/1706	Certificate of Abercrombie’s indisposition from two physicians and a surgeon apothecary in Aberdeen.
11	8/11/1705-3/1/1706	Petition to the PC from Julien Godet and Pieter Bonhomme on behalf of themselves and another 6 French prisoners. Also contains a list of the prisoner’s names, a petition signed by Buchan, and a letter to the SPC from Lempereur confirming the release of Scottish prisoners of Dinant, dated 8 November 1705. This same letter appears in French in another document attached to the above.
12	4/1/1706	Committee examining John Jardines witness. Sederunt: Earl of Glasgow, Mr Francis Montgomery & Lord Provost of Edinburgh. Glasgow elected praeses. Alexander Browne in Barns compeered as a witness, aged 18 or thereabouts and unmarried. He confessed that he saw John Brown of Cleughheads and his son with an axe and that they took a church seat and may have broken an ‘eyle’. Andrew Kennedy of Bridgemuir as witness, aged c. 23 and unmarried. He ‘conformis precedentj in omnibus’ (as in: he confirms what was previously said).¹⁹ Alexander Thomsone in Bridgemuir as a witness, aged 110/40/20 years and unmarried. Admits that he has an interest in the libel case but also claims to have seen the door broken up and a church seat taken. Thomas Charteris called as a witness; he was unmarried and aged around 28. He adds little to the foregoing evidence.
13	4/1/1706	Petition of John Brown of Celughheughs and his son.
14	8/1/1706	Letter from one of the magistrates of Kinghorn regarding a soldier who had voluntarily joined Lord Drumpellier’s regiment of foot confirming that he was neither pressed nor forced to do so.
15	10/1/1706	Sederunt and minutes of council 10 January 1706, at the council chamber. Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Leven, Earl of Forfar, Earl of Roseberry, Earl of Glasgow (TD), Lord Arnistoun, Lord Anstruther, Mr Francis Montgomery, Laird of Ormistoun younger, Lord Provost of Edinburgh. In the absence of the Chancellor and President of PC, Montorse was elected praeses. Upon the petition of William Cunningham of Koul the PC grants him the allowance for a voluntary collection in the churches int eh shires of Perth and Stirling for reimbursing him for the expenses paid for building a stone bridge over the water of Ruthven. PC heard the petition of the magistrates of Aberdeen and granted them warrants to apprehend and re-imprison several individuals who had broken out of prison and appeared to be scattered around the shires of Aberdeen, Banff, and Inverness. Earl of Buchan added to the committee anent Charles May’s petition and the committee was to meet the following day at 10am. PC adjourned until 15 January at 3pm.
16		Note of business on 10 January.²⁰ Petition William Cunningham Petition anent Charles May Petition the magistrates of Aberdeen
17		The petition of William Cunningham of Coul. Granted, signed by Montrose.
18		Act in favour of the magistrates of Aberdeen.
19		Interloquitor on the magistrates of Aberdeen’s petition. Singed by Montrose.
20		Answers from the African company to Charles May’s petition
21		The petition from the magistrates of Aberdeen to the PC.
22	17/1/1706	The PC recommends to the Duchess of Hamilton to allow the body of Lord Lindores to be interred in the Abbey Kirk of Holyroodhouse. Signed by Montrose.
23		Note of business on 17 January.²¹ Libel Patrick Dick against William Graham and others Second diligence for Francis Bell against witnesses Petition from Mr Robert Freebairne Petition from Bartholomew Gibsone Petition from Charles May
24		Sederunt and minutes of council 17 January at the council chamber. Sederunt: Marquis of Montrose, Earl of Haddington, Earl of Forfar, Earl of Glasgow (TD), Lord President of Session, Lord Justice Clerk, Lord Arnistoun, Lord Halcraig, Lord Pollock, Mr Francis Montgomery, Laird of Ormistoun younger. Montrose elected praeses. Warrant for interring Lord Lindores in the abbey church. Second diligence in the case of ‘poor Francis Bell’ against witnesses. Committee named to examine witnesses (2 to be a quorum) and to meet the following day at 10 am. Petition from Robert Freebairn, bookseller in Edinburgh. PC authorise him to print and publish an English translation of the Harlem Courant and the Paris Gazette. Caveat that this print could at all times be revised by the clerks of the council. Petition from Bartholomew Gibson, sisted and appointed to be intimated to the magistrates of the Canongate.
25		Printed petition from Robert Freebairn, bookseller in Edinburgh with a handwritten addition at the bottom of the page confirming this and signed by Montrose.
26		Letters of complaint Robert Brown Carrick against John Aitken and Willima Burrell present magistrates in Kinghorn to have them brought before the PC.
27		Double of the above letter of complaint.
28	18/1/1706	Further letters of complaint from Robert Brown Carrick which calls for the defenders to compeer before the PC since they had been called to do so by 4 January but had failed to do so.
29	19/1/1706	Robert Brown Carrick commands the defenders to appear before the PC on or prior to 24 January.
30	22/1/1706	Letters of complaint from John Webster, minister at Fetterrosso (by way of a messenger) with concourse of the agent for the kirk and the lord advocate against Gideon Guthrie, intruder in that parish and several lay people for aiding and abetting him. Calls for them to appear before the PC on or prior to 5 February.
31		Execution of the above letters of complaint.
32	24/1/1706	Sederunt and minutes of council 24 January, at the council chamber. Sederunt: Marquis of Montrose, Earl of Sutherland, Earl of Haddington, Earl of Lauderdale. Montrose elected praeses. Libel at the instance of Charles Skeen against the baillies of Kinghorn read and admitted to probation. Committee anent pressed men ordered to deal with it and meet the next day at 10am and 2 a sufficient quorum. Petition from Andrew Wauchop of Niddrie with two certificates from merchants in Rotterdam concerning two suspected priests there. PC empowers the clerks of council to deliver up to the petitioner two bonds granted to him as cautioner for the two suspected priests for them to leave the kingdom. Petition of Bartholomew Gibson and answers from the magistrates of the Canongate. Petition refused. Petition from the earl of Glencairn and he is admitted as the master of the game in the shire of Renfrew. Petition of Thomas Hagie, mariner and it is remitted to the committee formerly appointed to deal wit ‘Turpie and oyr slaves in Algyres’. Petition from poor Francis Bell. PC renewed the second diligence and appointed 15 February for the process to be heard again. Lords Register and Justice Clerk added to the committee anent pressed men. PC adjourned until 31 January at 3pm.
33	24/1/1706	Notes of business 24 January²² Libel William Cuthill against Mr James Polsoun(?) ‘agried & proces got up’ Libel Captain Charles Skeen against the baillies of Kinghorn Petition Andrew Wauchop of Niddrie Petition Bartholomew Gibson & answers Petition Charles May Petition Thomas Heggie slave in Algiers Petition poor Francis Bell
34	24/1/1706	Note signed by Montrose adding the Lords Register and Justice Clerk to the committee anent pressed men.
35	24/1/1706	Answers from the burgh to the petition of Bartholomew Gibson against the town of Edinburgh
36	24/1/1706	Petition of Andrew Wauchope of Niddrie
37	24/1/1706	Petition of Bartholomew Gibson
38	24/1/1706	Petition of the earl of Glencairn
39	24/1/1706	Petition of Thomas Heagie, mariner and sometime slave in Algiers
40	26/1/1706	Formula denying the tenets and government of the Catholic Church sworn by Patrick Butter of Gormock in the presence of Glasgow and Montgomery. Note on the reverse of this document dated 31/1/1706 and signed by Montrose confirms that this formula was sworn and orders it to be recorded.
41	26/1/1706	Committee for examining Captain Charles Skeen and witnesses. Sederunt: earl of Glasgow and Mr Francis Montgomery. Depositions of the witnesses: Patrick Heggins skipper aged 39 as witness. John Kay corporal aged 38 as witness. William Burry officer aged 51 as witness. John Doak town officer aged 64 years as witness.
42	(undated) 1706	Orders for the interrogation of the witnesses in Captain Skeen’s case. There are 7 orders of matters to enquire about with the witnesses and the document is signed by Glasgow and Montgomery.
43	30/1/1706	Letters of complaint delivered by a messenger at the instance of Archibald Nisbet of Carphine against Sir William Craigie of Garsie. They were ordered to appear before the PC on 2 April to answer the complaint.
44	29/1/1706	The Laird of Carphine against Craigie of Gairsie and others. Mentions the crimes of ‘Bangastrie and oppression’ which Craigie of Gairsie and his son were guilty of with the help of a number of the complainer’s tenants. They were liable to pay £2000 Scots to Nisbet in damages and were to appear before the PC in Edinburgh on 2 April.
45	17/4/1706	PC considers the petition of Thomas Heagie and approve the report of the committee named to deal with it, allowing the Presbytery of Kirkcaldy to begin a voluntary collection for the payment of 166 rex dollars for his ransom. Mr David Williamson, minister at the West Kirk was entrusted as by the presbytery to deal with the matter. Signed by Glasgow.
46	31/1/1706	Sederunt and minutes of council 31 January at the council chamber. Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Forfar, Earl of Ruglen, Earl of Cromartie, Earl of Glasgow (TD), Lord Yester, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Lord Provost of Edinburgh. Montrose elected praeses. Process of Skeen against the magistrates of Kinghorn: defenders assoilzied from all points of the libel and declared ‘qyutt therefrae’ in all time coming. In the case of the libel at the lord advocate’s instance against Alexander Barclay sometime minister of Auchterless: some of the witnesses had not compeared, so 21 February was assigned the day for the matter to proceed in council. PC appoints the formula of Patrick Butter of Gormock (purging himself of ‘popery’) to be recorded. Considering a petition from the commissioners of supply from Aberdeenshire, the PC appoints a committee to appoint JPs in that shire. Committee to meet the next morning at 10am with 2 to be a quorum and to report back to full council. The petition from the joint presbyteries of Turriff and Fordyce remitted to the committee anent church irregularities to meet and make report on it at first convenience. Petition from Alexander Haggins to be seen and answered by the African Company 21 February as the date for the case between Anna Lindsay relict of the former minister at Kennie and the chamberlain of Kennie. Petition of Mr John Matters read and delayed until the next council day. In the meantime, PC orders Goodtrees to meet with Blair (agent of the Kirk) and answer the petition. 6 February being the queen’s birthday, the PC orders a ‘demosntration of publick Joy’ by way of the ringing of bells in Edinburgh from 10am until 4pm. Public solemnities and illuminations to commence at midday. PC to take special care to avoid any disturbances on this day. Leven ordered to fire the great guns at the castle to be fired on 6 February. Cromarty gave notice of an Ostend privateer months ago but this was not recorded since he went to the country so is recorded here. PC adjourned until 6 February at midday. ‘Booked’
47	31/1/1706	Note of business on 31 January.²³ Process to be advised Captain Skeen against the magistrates of Kinghorn Libel lord advocate against Mr Alexander Barclay Formula taken by Patrick Butter of Gormock to be reported Petition the commissioners of supply in Aberdeenshire Petition the united presbyteries of Turriff and Fordyce Petition Mr Alexander Haggins Petition Mr John Maters
48	31/1/1706	Petition from Mr John Mather, minister of the gospel. Mentions that he had both congratulated her majesty on her accession to the throne and taken the oath of allegiance and assurance. He was surprised to find that he was declared as not legally qualified and therefore had not appeared before PC when called. Claims he was the only lawful minister in the parish and that his call conformed with both the 1693 and 1695 church acts.
49	31/1/1706	Letters of complaint from Captain Charles Skeen against the magistrates of Kinghorn.
50	31/1/1706	List of witnesses in the case of Captain Skeen against the magistrates of Kinghorn. Also records on the reverse the names of the councillors in the committee appointed to deal with this process.
51	31/1/1706	Representation of the joint presbyteries of Turriff and Fordyce concerning the parish of Auchterlees and a ‘tumultuary crowd’ in arms there.
52	31/1/1706	Answers for the two bailies of Kinghorn (John Aitken and William Birde) in the libel brought against them by Captain Skeen.
53	31/1/1706	Petition of the commissioners of supply in Aberdeenshire with a comment in a different hand dated 31 January recording the committee named to appoint JPs there which was signed by Montrose.
54	31/1/1706	Warrant to the magistrates of Edinburgh to observe the queen’s birthday on 6 February. Signed by Montrose.
55	31/1/1706	Warrant to the governor of Edinburgh castle to fire the guns on the queen’s birthday. Singed by Montrose.
56	31/1/1706	Interlocutors in the libel against Mr Alexander Barclay. Signed by Montrose.
57	31/1/1706	Petition for Mr Alexander Higgins to do with the cargo of the English East India Company ship The Worcester and payment of money regarding it. Signed by Montrose. There is an addition at the bottom of this petition from 12/2/1706 which states that the petition was read again in council that day and that the PC delayed it.

Royal Letters, 1706 [14 items]
1	9/2/1706.	Letter adjourning the parliament until 9 May & a proclamation to that end to be issued. SP was supposed to meet on 26 Feb. Sent from St James’s, signed by Loudoun. Read in PC on 15/2/1706.
2	27/4/1706	Adjournment of parliament continued until 20 June, as there was no necessity for it to meet from 9 May & a proclamation to that end to be issued. Sent from Kensington, signed by Loudoun. Read in PC on 7/5/1706.
3	8/6/1706	Adjournment of parliament continued until 25 July & a proclamation to that end to be issued. Sent from Windsor Castle, signed by Loudoun. Read in PC on 14/6/1706.
4	8/7/1706	Adjournment of parliament continued until 29 August & a proclamation to that end to be issued. Sent from Windsor, signed by Mar. Read in PC on 16/7/1706.
5	31/7/1706	Henry earl of Delorraine admitted to the PC by order of the queen & a proclamation to that end to be issued. Sent from Windsor, signed by Mar. Read in PC 23/10/1706.
6	12/8/1706	Adjournment of parliament continued until 19 September & a proclamation to that end to be issued. Sent from Windsor, signed by Loudoun. Read in PC on 20/8/1706
7	27/8/1706	Adjournment of parliament continued until 3 October since her majesty’s commissioner was ‘hindered’ by a ‘multiplicity of important affairs’ making him unavailable to attend the meeting of the estates. A proclamation was ordered to be issued. Sent from Windsor and signed by David Nairne. Read in PC on 6/9/1706.
8	31/5/1706	Following the order for a Company of Foot to be raised and placed as a garrison at Blackness Castle, the queen orders ‘Reducements in our forces in that our Kingdom’. Commander-in-chief of the Scottish forces was to remove one man from each company of the 3 regiments of foot commanded by Major General Maitland, the laird of Grant younger and Lord Strathnaver as well as one man from each troop of the 2 regiments of dragoons commanded by the marquis of Lothian and Lord Carmichael. Also orders them to reduce the garrison at Blackness which the previous administration had put in place. Sent from Windsor and signed by Mar. Read in PC on 30/7/1706.
9	29/3/1706	Orders more forces to be raised and transported abroad ‘to Act in conjunction with out Allies’. Commission granted to Lord Mark (Colonel Lord Mark Kerr), the marquis of Lothian’s brother, to raise a regiment of foot which was to be commanded by him and paid for by the ‘English Establishment’. Sent from Windsor and signed by Mar. Read in PC on 17/4/1706.
10	29/6/1706	Sir Alexander Campbell of Cessnock, one of the Senators of the College of Justice is added to the PC. Sent from Windsor and signed by Loudoun. Read in PC on 23/7/1706.
11		Sir Alexander Ogilvie of Forglen, one of the Senators of the College of Justice, is added to the PC. Sent from Windsor and signed by David Nairne. Read in PC on 16/11/1706.
12	23/3/1706	The earl of Dalhousie is admitted to the PC. Sent from Kensington and signed by Mar. Read in PC on 24/10/1706.
13	28/2/1706	Alexander, earl of Eglington, David, earl of Wemyss, Thomas, viscount of Dupplin, John, Viscount of Garnock, James, viscount of Primrose, Lord Inverurie, Patrick Lord Polwarth, James Lord Carmichael, Lord Torpichen, Lord Cranston, Lord Rae, Lord Elibank, Sir Archibald Hope of Rankeillor (one of the senators of the College of Justice), Mr Robert Stewart of Tillicoultry, Sir Gilbert Elliot of Minto (all senators), Sir Robert Sinclair of Stevenson, Sir Harry Innes of that ilk younger, Archibald Douglas of Cavers, William Morrison of Prestongrange, Alexander Grant of that ilk younger, and Lieutenant General John Erskine, deputy governor of Stirling Castle are all added to the PC considering their ‘Loyalties and Abilities’. Sent from Kensington and singed by Loudoun. Read in PC on 20/3/1706.
14	27/2/1706	Following an order to equip one of the government’s men of war and have it lie in the port of Leith, the queen calls for a voluntary levy of seamen into the Royal Navy. Each recruit was to receive 40s and thereafter would be paid at the same rate as their English counterparts. The PC was to give ‘all other Incouragement and Assistance to our said Captain’ in this matter alongside giving ‘speciall Orders for Preventing Abuses and Disorders in making these Levies’. This included orders to prevent Press Masters from seizing or pressing seamen from any Scottish ships into service. Sent from Kensington and signed by Loudoun. Read in PC on 12/3/1706.

1. The first entry here is scored out.

2. The next 8 items all appear within these minutes as they are the manuscript originals of the petitions, commissions and other matters which are recorded here.

3. All but number 1,3 & 6 on this list are scored out.

4. All but nos. 2, 5, 6 & 8 are scored out.

5. Only no. 3 on this list has been scored out.

6. Attached to the petition below, but in a different hand.

7. Save for nos. 1, 2, 3, 4, 8, 10, 11, 13, 16, 18, 7 & 25 all are scored out.

8. Strathearn?

9. All but no.1 on the list below are crossed out in the MS.

10. All of the below except no. 6 are scored out in the MS.

11. The following 23 items appear in a bundle which is entitled ‘Proceedings relative to the Building of a new Church at Lendell or Coldstream’.

12. This is the final item in the bundle concerning the Kirk of Lennel or Coldstream and the process regarding it between Haddington and Home.

13. The following 10 items are in a bundle entitled ‘Papers in the Case The Election of Magsitrates of Aberbrothock 24 – 29 Nov. 1705′.

14. N.B. this material says on the back of it that it belongs to box 9. Check this against Alastair’s contents survey.

15. All of the below list are scored out in the MS.

16. All points on the list below have been scored out in the MS.

17. All of the following papers appear inside a bundle within this bundle, which is entitled ‘Papers referring to The Process The Earl of Northesk & Robert and James Cargill and The Magistrates of Aberbrothick for their interest’. It all appears to be dated 11 December 1705 according to the front of this bundle.

18. The following 10 items appear in a bundle within these minutes of the PC meeting on 3/1/1706.

19. May need confirmation of this from a Latinist.

20. The following list of 3 items all appear scored out in this short entry.

21. All of the items on this list save for number 1 have been crossed out.

22. All items on this list except no. 5 are crossed out.

23. All matters recorded in this list are scored out.

NRS, PC12/1704-1705 (box 7) – Inventories of Miscellaneous Boxes

Posted on May 9, 2024 by Philip Ward

NRS, PC12/1704-1705 (box 7) – Inventories of Miscellaneous Boxes

1. Bonds of caution 1705 [18 items]
1	undated	Bond of caution John Home, writer in Edinburgh, and Archibald Home, merchant in Edinburgh, for applying the voluntary collection granted to Sir Robert Forbes from the churches in Edinburgh, Canongate and around the capital for building a bridge over the water of Dee.
2	22/1/1705	Bond Robert Viscount of Arbuthnot and Sir Thomas Burnet of Leys (cautioner) for the custody of Arbuthnot’s brother and two sisters. He was to provide them with bed and board in addition to providing aliment and money for their education.
3	18/1/1705	Bond Anna Chiesly daughter of the deceased John Chiesly merchant in Edinburgh. She had been admitted to the correction house of Edinburgh by the town’s magistrates for ‘scandalous carriage and conversation with Sir George Seatone of Garletoune’, but the matter had been taken to the PC which recommended that she be set at liberty. She promised to leave Scotland within 48 hours of this bond and never return without express permission of the PC under pain of being transported to the plantations in America.
4	17/3/1705	Bond the magistrates of the burgh of Annan regarding the PC’s act 30/11/1704 that they could levy, exact and uptake the small customs duties of traffic going over the bridge over the River Annan ‘for the space of three nyntein years’. They wishes to use some of this money to pay for repairs to the bridge and this bond was to confirm that it would be so used.
5	13/4/1705	Bond Barbara Tannahill present prisoner in the tolbooth of Edinburgh, whose sentence of death had been commuted to banishment by the PC on 10 April. She promised to leave the kingdom before 15 May under pain of death.
6	11/6/1705	Bond and enactment James Knox present prisoner in Edinburgh tolbooth. He had been imprisoned for his part in a rabble against the government for which he was banished but ordered to remain in prison until he produced his bond. Initially his date of departure was the end of May but this was prorogued until 13 June and he was to leave the kingdom and not return without the PC’s permission ‘under all hyest pains’.
7	11/6/1705	Enactment of banishment William Davidsone, tailor and prisoner in the tolbooth of Edinburgh. He was also punished for his involvement in the rabble against the government and was given the same terms as Knox (above). He promised to depart the kingdom before 13 June and never return without permission under the highest pains.
8	30/6/1705	Bond and enactment of banishment James Drysdaill, meal maker in Gilmertoune who was presently imprisoned in the Edinburgh tolbooth and sentenced to banishment by the lords of justiciary for incest. He promised to depart before 10 July under pain of 500 merks.
9	5/8/1705	Five male inhabitants of Pittenweem (Peter Innes, a town officer; Alexander McGregor, fisherman; John Ramsay, slater; Andrew Flee, weaver; and David Jack) had been imprisoned by order of Goodtrees for the murder of Jannet Cornfoot. They had come before a committee of the PC and examined, whereby they were allowed to be set at liberty providing they find sufficient caution. John Jack workman in Leith was their cautioner. The accused promised to appear before the PC committee or the lord advocate when called under pain of 1,000 merks. Overleaf the minister of Pittenweem, Patrick Cowper, attested to the ‘sufficiency of the above Cautioner’.
10	15/8/1705	Bond of caution in lawburrows for David Flett of Grutha, John Flett of Cleatts, Margaret Sutherland in Kirkhouse and Eupham and Margaret Fletts concerning the lawburrows raised against them by Sir Archibald Stewart of Murray on 18 July 1705 due to some actions committed against his ownership of lands in Orkney.
11	31/8/1705	Enactment James Drysdaill to leave the kingdom before 1 november. His banishment had been prorogued in an act of PC dated 25 August. This was under the penalty of 500 merks.
12	21/9/1705	Bond James Swansone, tenant in Readheugh, John Swanson, tenant in Falabank, Alexander Murray and Robert Wilsone. Servant to James Hall of Dunglass. They bound themselves to appear before the PC when called under the penalty of 1,000 merks each. They appear to have been witnesses in the case regarding the robbing of a packet.
13	24/9/1705	Bond of bail for John Wauchope postmaster at Cockburnspath. Patrick Dickinsone, James Sinclair, John Brown, George Mairtin, John Iddington, John Mitchell, John Hood, George Winram and Robert Brown to appear before the PC ‘anent the robbing of the pacquett’ under the penalty of 1,000 merks.
14	27/9/1705	Bond John Urquhart, laird of Meldrum for uplifting two years rents due to Lady Perth (his mother) by way of liferent. Sir George Campbell of Orkney as cautioner.
15	2/10/1705	Bond of caution James Gordon (cautioner) merchant in Edinburgh for Captain John Livingston, who formerly served in her majesty’s regiment of foot. On 26 December the PC had stopped his sentence of banishment and delayed his departure from Scotland until further order. He promised to live peaceably and not to converse with any of her majesty’s rebels under the penalty of £50 sterling.
16	11/10/1705	Bond Lt Col Patrick Ogilvie, Sir John Shaw of Greenock, and Sir Archibald Campbell of Clunies ‘For Their Faithfull executing the Commission for hindering the Importation of Irish victual & c.’
17	8/10/1705	Bond of caution for Mr Robert Bannerman, brother of the laird of Elsick, with Mr John Corser, writer in Edinburgh, as cautioner. This was for a voluntary collection in the three shires of Lothian and south of the Forth for repairing the harbour in Peterhead.
18	10/10/1705	Enactment Mr Gilbert Mushet minister and present prisoner in the tolbooth of Glasgow. The PC had set him at liberty on 4 October upon him enacting himself for good behaviour, hence this bond. He was to depart Scotland before 1 December under the penalty of 500 merks. He also promised to live peaceably and not to converse with any of the queen’s enemies.
2-30 December 1704 [61 items]
1	7/12/1704	Petition from the Viscount of Arbuthnot. He mentioned the petition of his grandmother the Lady Sutherland and a council committee named to deal with it regarding the aliment and custody of his brother and sisters. It seems that the committee had allowed the lady some of the rights which the laird expected to be his own and he asked that he be allowed to maintain the aliment and custody of his brother and sister instead. PC decision allowing this petition to be seen and answered by Lady Sutherland the next council day; signed by Tweeddale on 7 December.
2	undated but see 7/12/1704	Objections offered to Lady Sutherland’s bond in favour of Mr John Arbuthnot her grandson. The terms of Lady Sutherland’s bond were: The money for aliment would not be payable until the laird reached the age of 21. Lady Sutherland would maintain custody of the children until Arbuthnot reached the age of 15. If he succeeded to the estate of Arbuthnot then her bond would be null and void. Arbuthnot provided objections to all the terms and argued that the PC should have the final decision-making power, that by the age of 14 he could choose curators to his estate, that he should be paid aliment the following year by Lady Sutherland, and retain custody of the children until he reached the age of 14.
3	7/12/1704	Sederunt and minutes of council Thursday 7 December 1704 at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale, Earl of Buchan, Earl of Findlater, Earl of Balcarres, Earl of Dunmore, Lord Yester, Lord Belhaven, Lord Advocate, Lord Treasurer Depute, Lord Halcraig, Mr Francis Montgomery, Laird of Blackadder. The Earl of Balcarres and Lord Yester qualified themselves as privy councillors and took their seats at the board. Petition from Cupbairdy and John Duff and Geight to see and answer it by the following Tuesday. PC recommended to the committee anent the growth of ‘popery’ and false coins to meet the next day at 3pm and to report back. PC recommended to the committee anent the Countess of Sutherland and Viscount Arbuthnot meet the next Monday at 3pm and to report. PC recommended to the committee anent Elgin’s petition to meet the next Monday at 3pm and to report. PC adjourned until the next Tuesday (12 December) at 3pm
4	7/12/1704	Order for the committee anent the growth of ‘popery’ and false coinage to meet the following day at 3pm. Signed by Tweeddale.
5	7/12/1704	The PC found that there were council committees which had still not come to agreement and made reports, so they renewed the powers granted to these committees. Signed by Tweeddale.
6	5/12/1704	Sederunt and minutes of council Tuesday 5 December at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Rothers (PS), Marquis of Montrose, Marquis of Lothian, Earl of Sutherland, Earl of Buchan, Earl of Lauderdale, Earl of Findlater, Earl of Leven, Earl of Northesk, Earl of Forfar, Earl of Dunmore, Earl of Roseberry, Lord Belhaven, Lord President of Session, Lord Advocate, Lord Treasurer Depute, Lord Arnieston, Lord Halcraig, Lord Anstruther, Lord Phesdo, Lt Gen Ramsay, Mr Francis Montgomery, Laird of Blackadder, Lord Provost of Edinburgh. Commission of the PC under the great seal of Scotland.¹ Those that were present swore the oath of allegiance and subscribed it with the assurance before the Lord Chancellor administered the oath de fideli and they all then took their seats accordingly. Commission under the great seal for the Marquis of Tweeddale to be Lord High Chancellor. Commission for the Earl of Rothes to be Lord Privy Seal. Commission for the Earl of Roxburgh to be secretary of state. Commission for the Earl of Seafield to be secretary of state. Commission to George Baillie of Jerviswood to be Lord Treasurer Depute. Commission for William Hamilton of Whitelaw to be Lord Justice Clerk. The PC considering that there were several committees which had not brought reports forward, they renewed the committees and granted them the same powers as before. Petition James Hamilton of Cubairdie and John Duff messenger was read and the PC allowed it to be seen and answered by Davidsone of Gight the next council day. Petition from Mr James Dallas of St Martins and it was remitted to a committee formerly named to deal with the process before the PC advised on the matter. Petition from Gibsone, a pressed man; read and refused. Petition from Viscount Arbuthnot read and the PC allowed it to be seen and answered by the Countess of Sutherland the next council day. Warrant for setting Grieve of Pinacle at liberty from the tolbooth of Selkirk. Adjourned until Thursday 7 December at 3pm.
7	5/12/1704	Petition from Mr James Dallas of St Martins (addressed to the PC and Tweeddale). He asked for notice before the process and his witnesses’ testimony be heard and that the committee named to deal with it might choose a particular time for the meeting to be held since he and those witnesses had quite a distance to travel. PC decision overleaf putting a stop to the process until the committee was to meet and the following day was named as the suitable time to hear the witnesses with letters of diligence and caution sent to those who could not compeer. Signed by Tweeddale.
8	5/12/1704	Note of business 5 December.² Commission of council Commission Lord Chancellor Commission earl of Rothes Commission earl of Roxburgh Commission earl of Seafield Commission Jerviswood Commission Lord Whitelaw Petition John Duff Petition Dallas of St Martins Petition John Gibsone Petition the Viscount of Arbuthnot
9	29/11/1704 – 5/12/1704	Printed ‘Petition of John Gibson Tenent to the Earl of Roxburgh, Lord Secretary of State’.³ PC decision refusing this petition recorded overleaf but without a signature.
10	5/12/1704	Printed ‘Petition of Mr John Grieve late of Pinacle’. Grieve was a man aged 63 who had been captured and wrongfully imprisoned by Walter Scott of Tushielaw and around 12 accomplices in between Carnhill and Berwick (where his home was), on the English side of the border. He was taken as a prisoner to Kelso and had been there for four months by the time of this petition.⁴ Witness testimony from three people was taken, though it says it was in December 1702 instead of 1704. The testimony was taken from an alderman, a yeoman and gentleman, all based in Berwick upon Tweed, who confessed that Grieve had been taken and his life threatened by these Scotsmen, but they all say that he was taken to Selkirk jail rather than Kelso.
11	5/12/1704	Scroll liberation of John Grieve
12	5/12/1704	Interlocutors in the case of Grieve of Pinacle and Scott of Tushielaw.
13	5/12/1704	Printed answers for Grieve of Pinacle to the reconvention raised by Tushielaw.
14	5/12/1704	Printed answers for Tushielaw and others to the process raised by Grieve of Pinacle against him.
15		Printed petition from James Hamilton of Cowbairdie and John Duff messenger. This was in answer to the ‘calumnious’ claims made against them by Alexander Davidson of Gight (that they had beaten and maltreated him after having dinner at his house in September) to the PC. PC decision allowing both petitions to be seen and answered recorded overleaf and signed by Tweeddale.
16	2/12/1704	Execution of letters David French against Francis Bell.
17	undated	(Printed) ‘A true Representation of the case betwixt St. Martins and his Wife, and of the probation adduced’
18	12/12/1704	Call of parties and witnesses in the case between Dallas and Cockburn
19	12/12/1704	Roll of parties and witnesses for Lady St Martins.
20	7/12/1704	Committee for examining St Martins’ witnesses and their depositions. Signed by Leven. Sederunt: Leven (praeses) and Provost of Edinburgh.
21	undated	‘Committee Anent St Mertines and his Lady’. It records that this is the ‘2d sheet’ of depositions of Lady St Martin’s witnesses, so is presumably dated 7 December also.
22	undated	Printed ‘Petition and Answers for poor William Mell, against Charles Charters Mariner in Leith’. This concerned a debt payable by the former to the latter, amounting to £8,057 Scots. There is a note on the back which is a council decision, but (N.B.) a handwritten (presumably C19th) pencil note at the top of the petition states the following: ‘The M.S. on the back refers to the case Dallas & Cockburne’.
23	8/12/1704	‘The Committee of the Commission off parliament for examineing into the publick accounts do ordain the clerks off her Majesties privie Council to produce befor them in the high Council house off Edinbrugh [sic] the records off the Council for january jaivicc ninty nine again Munday nixt betwixt tuo and three a clock in the afternoon’
24	7/12/1704	Committee anent Elgin’s petition was ordered to meet the following Monday at 3pm and to report.
25	11/12/1704	Sederunt and minutes of council 11 December 1704 at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (P), Earl of Crawford, Earl of Buchan, Earl of Loudoun, Earl of Forfar, Earl of Hopetoun, Lord President of Session, Lord Advocate, Lord Treasurer Depute, Lord Halcraig, Lord Anstruther, Lord Phesdo, Lt Gen Ramsay, Mr Francis Montgomery, Laird of Blackadder, Laird of Ormistoun younger. Letter from the queen adjourning parliament until 1 February. To be published and printed. Letter from the queen regarding the recruits to the Scots regiments abroad. Committee named to deal with it. Also, a commission was to be granted for ‘setling a Capitulatione wt the States of Holland’. The clerks of the council told the board about the order received from the committee of the commission of parliament
26	11/12/1704	Testificate of Dr Archbald Pitcairn. He stated that he and a surgeon had attended to Captain John Livingston for several months and had found him to be ‘in a very ill and dangerous habit of body’ and bore witness this.
27	11/12/1704	‘Caption Griersons & against Cannons &’. The latter had been charged under lawburrows and were due money to the former from the legal process.
28	11/12/1704	⁵ PC clerks represented the board with an order they had received from the commission of parliament appointed to inquire into the public funds concerning them to produce the PC records. The PC allowed the committee to do so. Signed by Tweeddale.
29	11/12/1704	Letter from the queen regarding the recruits to the Scots regiments abroad. Read and ordered to be recorded and a committee was named to prepare and answer to the letter. They were also to consider an agreement to be reached with the states of Holland regarding the Scots Brigade so ‘there service may be Continowed to be standing regiments in time of peace alse weel as in tyme of Warr’. Signed by Tweeddale.
30	12/12/1704	Note of business 12 December.⁶ Process to be advised the laird of St Martins against his lady. Petition Captain Livingston. Petition the laird of Ashintilly Petition Rattrays Petition for Coupbairdy and John Duff Petition Davidson of Geight
31	12/12/1704	Sederunt and minutes of council 12 December at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (P), Earl of Crawford, Earl of Sutherland, Earl of Buchan, Earl of Lauderdale, Earl of Loudoun, Earl of Leven, Earl of Northesk, Earl of Balcarres, Earl of Forfar, Earl of Dunmore, Earl of Ruglen, Earl of Hopetoun, Lord President of Session, Lord Advocate, Lord Treasurer Depute, Lord Arnistoun, Lord Halcraig, Lord Anstruther, Lord Phesdo, Mr Francis Montgomery, Laird of Blackadder, Liard of Ormistoun younger, Lord Provost of Edinburgh. The PC had advised on the mutual process between James Dallas of St Martins and his wife, Barbara Cockburn, the libel brought by her against him and the libel raised by Dallas against Captain William Cockburn, merchant in Edinburgh. Aliment was granted to Cockburn for her and her child, to the tune of 600 merks, to be payed by Dallas. It was to be paid at two points in the year and was ‘to restore … [her] paraphanalia’ Another letter from the queen regarding recruits in response to her previous one. It was voted, approved, and ordered to be recorded. Petition from Captain John Livingston. PC prorogued his banishment from 1 January to later in the month (the precise date has been left blank). Petition from David Spalding younger of Ashintullie with answers to it from George and Lachlan Rattray and a memorial for Ashintullie. A committee was named to deal with the petitions and it was ordered to meet the following day at 10 am. Petition from Hamilton of Cubardie and John Duff and a petition answering it from Alexander Davidson. The former two were granted 1,000 merks payable to them by Hamilton. Adjourned until the following Thursday at 3pm.
32	12/12/1704	Petition of Captain John Livingston who formerly served in the queen’s royal regiment of foot asking for a reconsideration or prorogation of the sentence of banishment against him. PC decision delaying his banishment from 1 January to 1 June is recorded overleaf and signed by Tweeddale.
33	12/12/1704	Answer to the queen’s letter regarding the recruits. They thanked the queen for her previous letter and promised that her wishes would be faithfully put into place. They added by asking for the 6 Scottish regiments in Dutch service to be continued in peace time. They also asked that the Duke of Marlborough be charged with interposing in the matter until a commission was sent to that end. Signed by: Tweeddale, Chancellor, Annandale, Crawford, Sutherland, Buchan, Lauderdale, Loudoun, Leven, Balcarres, Forfar, Ruglen, Hopetoun Goodtrees, Jerviswood, John Hamilton, Anstruther, Ja Falconer(?), Montgomery, John Home, Patrick Johsnton, John Cockburn.
34	12/12/1704	‘Scroll Commission for treating with the States of Holland anent the six Scotts regiments in their service’
35	12/12/1704	Scroll decreet in the case between Lady St Martins and her husband, which was decided in her favour and he was forced to pay her aliment twice a year for her and her child’s upkeep.
36	12/12/1704	Interlocutor in the case between Lady St Martins and her husband. Signed by Tweeddale.
37	12/12/1704	Interlocutor on the petition James Hamilton of Cubairdie and John Duff merchant against the laird of Geight.
38		Sederunt and minutes of council, Thursday 14 December at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Crawford, Earl of Sutherland, Earl of Buchan, Earl of Lauderdale, Earl of Leven, Earl of Northesk, Earl of Balcarres, Earl of Forfar, Earl of Dunmore, Earl of Ruglen, Lord Belhaven, Lord Advocate, Lord Treasurer Depute, Lord Halcraig, Lord Anstruther, Lord Phesdo, Mr Francis Montgomery, Laird of Blackadder, Laird of Ormistoun younger, Lord Provost of Edinburgh. Proclamation ‘anent recruits vagabonds and strong and idle beggars’ read, voted and approved, then ordered to be published and printed. PC recommended to the Duchess of Hamilton or her servants to inter the body of Sir William Hamilton of Whitelaw, lord justice clerk, in the abbey church of Holyroodhouse. Belhaven and Goodtrees were ordered to investigate the process against Thomas Johnston in Moffat brought by the Marquis of Annandale’s bailie and to report back to the full council te next council day. The PC approved of the consent provided by Andrew Rutherford (a false coiner) to go and serve as a soldier in Flanders. Warrant discharging the clerks of council to give Roderick McKenzie (secretary to the Company of Scotland) an extract of the sederunt of council. Committee of PC appointed to deal with the affair between David Spalding younger of Ashintullie and George and Lachlan Rattray had made verbal report to the PC in quorate. Inverness was chosen as the place to hold the trial for this process. A commission for this trial was to be prepared by the clerks and brough to the next council day. Adjourned until Tuesday 19^th.
39	14/12/1704	Note of business 14 December.⁷ The agent of the Kirk against Dr Waddell. Petition Mr Patrick Ogilvie. Petition Robert Howie. Petition John Blair.
40	14/12/1704	PC ordered Belhaven and Goodtrees to inspect and peruse the process against Thomas Johnston in Moffat before the Marquis of Annandale’s bailie and to report back to the council on it. Signed by Tweeddale.
41	14/12/1704	Recommendation to the Duchess of Hamilton that the remains of Sir William Hamilton of Whitelaw could be interred in Holyroodhouse Palace abbey. Signed by Tweeddale.
42	14/12/1704	PC approved of the consent given by Andrew Rutherford for Bailie McLennan to go as a soldier in the earl of Orkney’s regiment. Signed by Tweeddale.
43	14/12/1704	Petition by way of answers for George and Lachlan Rattray against David Spalding younger of Ashintullie. The Rattrays claimed that Spalding had attempted to murder them, but he argued that he had been incapacitated by an act of sorcery or witchcraft. They, by warrant of the lord advocate, were apprehended for this by a messenger and then taken to the house of Ashintullie and kept there for around 4 weeks in a starving condition. They had then been taken to Inverness and imprisoned there. The Rattrays produced this petition in response to one from Ashintullie which claimed they were ‘flagicious villans’. He also claimed that a woman had confessed to the crime, presumably of witchcraft. The Rattrays said that they were willing to undergo a trial at the court of justiciary but that if they remained in Ashintullie’s possession then they would likely die. PC decision from 14 December (signed by Tweeddale) is recorded on the final page. This gave power to the council clerks to produce a commission for fulfilling the requests in the petition. PC decision from 22 December (also signed by Tweeddale) appointing a committee to deal with the matter and meet the following day is also recorded on the final page.
44	undated	Printed ‘Memorial For Spalding of Ashintully’. This was in response to the above petition, and he cited sorcery and the fact that the two Rattrays were held as debtors. Overleaf is also printed a ‘Copy Letters Dalrullian to ~~Ashintullie’~~, which has added handwritten notes reading ‘Lachlan Rattray prisoner in Inverness’.
45	undated	Printed ‘Petition of David Spalding younger of Ashintullie’. He claimed that the two Rattrays, who were notorious ‘villains’, had helped their niece in her charming or witchcraft. He also claimed that they had attempted to extort him. Overleaf is recorded a list of the judges who were to be named in the commission.
46	14/12/1704	Gilbert Elliot (PC clerk) had represented to the board regarding interlocutors in the case of Roderick McKenzie (clerk to the Company of Scotland) against the earl of Marchmont (former Lord Chancellor), Sir Patrick Johnstone (Provost of Edinburgh), and Gilbert Elliot for wrongous imprisonment. The lords of session had ordered McKenzie to produce a sederunt for the day he was captured and imprisoned but the council had discharged the clerks from providing this to him or any others.⁸
47	18/12/1704	Sederunt and minutes of council, Monday 18 December at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale, Earl of Buchan, Earl of Lauderdale, Earl of Loudoun, Earl of Forfar, Earl of Ruglen, Lord Belhaven, Lord President of Session, Lord Advocate, Lord Treasurer Depute, Lord Anstruther, Lord Phesdo, Lt Gen Ramsay, Mr Francis Montgomery, Laird of Blackadder, Laird of Ormistoun younger, Lord Provost of Edinburgh. PC considered a petition given into them by the directors of the Bank of Scotland. A committee was named to hear the petition and to deliberate on the matter. It was to meet the following day at 2pm with three to be a quorum and they were to report back to full council.
48	undated	Petition from ‘The Court of Directors of the Governour & Company of the Bank of Scotland.’ The petition stated that payments had been stopped at the bank ‘through the deficiency of Cash occasioned by extraordinary and unexpected demands within these 20 dayes past’ as well as noting ‘the great Scarcity of Cash in the Nation’. They therefore asked if some of the PC could inspect the Company’s books ‘and therein see the sufficiency of the security to the Nation for the Bank notes that are running And to take such course as in their wisdom they shall think fit for the satisfaction of those who may have Bank notes in their Hands’. PC decision from 18 December overleaf signed by Tweeddale. A committee was named to deal with the petition and to meet at the Bank’s office at 2pm the following day and three were to be a quorum.
49	19/12/1704	Sederunt and minutes of council Tuesday 19 December at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Sutherland, Earl of Buchan, Earl of Loudoun, Earl of Leven, Earl of Northesk, Earl of Balcarres, Earl of Forfar, Earl of Dunmore, Earl of Ruglen, Lord Belhaven, Lord President of Session, Lord Advocate, Lord Treasurer Depute, Lord Arnistoun, Lord Anstruther, Lord Phesdo, Mr Francis Montgomery, Laird of Blackadder. PC considered the petition of George and Lachlan Rattray. They were ordered to be taken out of the dungeon in which they were currently kept and to be taken to the town prison of Inverness where they were allowed fire, bedding and candles and their friends and family were to have free access to them. Petition of Patrick Ogilvie; appointed to be seen and answered ‘by any concerned next council day’. Petition from John Blair read and refused. The committee named to deal with the process between the Countess of Sutherland and Viscount of Arbuthnot to meet the following day at 12pm and report back the next council day. Lord Halcraig was added to the council committee regarding priests and trafficking ‘papists’. Commission for trying George and Lachlan Rattray at Inverness for witchcraft. Read, voted, approved, signed and ordered to be recorded. The PC approved of the diligence of the committee regarding the bank and ordered it to be printed. Petition Davidson of Geight read and refused. The Lord Chancellor represented to the council that he had been granted a commission for apprehending Captain Green and his crew upon intelligence given to them by Roderick McKenzie. They had already been seized and put into prison. A committee was named to meet with McKenzie and to get all the details regarding the Worcester and its crew. The committee were to meet the following day at midday and three were to be a quorum. Petition from Grierson and Hunter read and refused. Adjourned until next Thursday at 4pm.
50	19/12/1704	Committee anent Captain Green and his crew. Information from the Lord Chancellor and a committee named to investigate McKenzie’s accusations. Signed by Tweeddale.
51	19/12/1704	Halcraig added to the committee anent priests and trafficking ‘papists’. Signed by Tweeddale.
52	19/12/1704	Petition from John Blair. Along with his brother, sister and a servant, Blair had been detained in Port Patrick by customs officials, who were preventing the importation of Irish horses. He claimed that the horses were not for sale but were a means of transportation and without them the petitioners would be forced to proceed on foot through Galloway. Therefore, they asked to be allowed to leave and travel freely with their three horses.
53	19/12/1704	Petition from George and Lachlan Rattray. PC decision overleaf (same date) allowing them to be removed from the dungeon they were currently in and taken to Inverness jail and given certain allowances there. Signed by Tweeddale.
54	19/12/1704	‘Commission For Judgeing and tryeing George & Luachlane Ratries for Charmeing withcraft & c att Inverness’. Signed by Tweeddale, Forfar, Annandale, Dunmore, Sutherland, Ruglen, Buchan, Belhaven, Loudoun, Northesk, Balcarres, Goodtrees.
55	19/12/1704	Committee regarding the Countess of Sutherland and the Viscount of Arbuthnot to meet the next day at midday and to report back at the next council meeting. Signed by Tweeddale.
56	undated	Printed ‘Petition of Robert Howie Merchant in Ireland, and now Prisoner in Tolbooth of Edinburgh, in answer to the Petition of Lieutenant Collonel Patrick Ogilvie’. Ogilvie had captured a bark and taken some goods (butter and cheese) which were on board under the terms of the hindering of importation of Irish victual. However, Howie mentioned that these goods were not considered as contraband according to this embargo and therefore asked for them back. He also said he would find sufficient caution in the books of privy council; he was imprisoned in the tolbooth of Edinburgh at this time.
57	19/12/1704	Petition from Patrick Ogilvie. He had seized a bark belonging to one Captain Potter and had adhered to the law throughout this process according to the petition. He also claimed that this importation would give the skipper and merchants vast wealth and would open the gates for further illegal importation of goods. He asked for a commission to try these people and thus to deter others from undertaking similar actions. PC decision from 19 December recorded overleaf and signed by Tweeddale. They appointed this petition to be seen and answered ‘by any person concerned Against’. PC decision from 21 December recorded below the above and also signed by Tweeddale. They considered the above petition as well as the answers from Howie. The PC gave the authority to the magistrates of Edinburgh to set Howie at liberty, since he had found sufficient caution and promised to appear before them when called under the penalty of 300 merks. Ogilvie was ordered to raise a libel against Howie between this day and the following Tuesday.
58	19/12/1704	Committee report and interlocutor regarding the Bank of Scotland. Sederunt: Earl of Loudoun (praeses), Lord Belhaven, Lord President of Session, Lord Advocate, Lord Treasurer Depute, Lord Phesdo and the Laird of Blackadder. The committee examined the state of the bank and found that ‘the Bank hath sufficient provisions To satisfie and pay all their outstanding bills and Debts’. Signed by Loudoun. Recorded at the bottom of the page is a PC decision signed by Tweeddale (19 December). They approved of the ‘dilligence’ of the committee and ordered the report to be printed.
59	19/12/1704	Bank of Scotland credit and debit accounts for 1704.
60	20/12/1704	Execution John Chalmers, burgess of Elgin, against witnesses.
61	20/12/1704	Execution Chalmers against bailie James Stewart, defender.
21, 22, 28 December 1704 [11 items]
1	21/12/1704	Council named a committee of seven members to investigate the Worcester crew and the information they have regarding the alleged murder. The ship was at Burntisland and the committee was to search its cargo, documents, chests and other artefacts aboard. All of these were to be taken on shore to a warehouse to prevent ‘the Imbazleing therof’ and the African company was allowed to send any suspect persons to the committee for interrogation.
2	21/12/1704	Sederunt and minutes of council 21 December at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Mar, Earl of Buchan, Earl of Haddington, Earl of Loudoun, Earl of Leven, Earl of Forfar, Earl of Ruglen, Earl of Roseberry, Lord Belhaven, Lord Advocate, Lord Treasurer Depute, Lord Anstruther, Mr Francis Montgomery, Laird of Blackadder, Laird of Ormistoun younger. The earls of Mar and Haddington qualified themselves as privy councillors in the usual manner and took their seats at the board. Petition from Lt Col Patrick Ogilvie and answers to it from Robert Howie merchant in Ireland who was a prisoner in the tolbooth of Edinburgh. The keepers of the tolbooth were ordered by the council to release him from their custody seeing as he had found sufficient caution to live peaceably under the penalty of 300 merks. Ogilvie was ordered to raise a libel against Howie according to the terms of his petition between this date and the following Tuesday. Committee for searching the Worcester. PC adjourned until next Tuesday at 3pm.
3	22/12/1704	Sederunt and minutes of council 22 December at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Sutherland, Earl of Mar, Earl of Haddington, Earl of Lauderdale, Earl of Loudoun, Earl of Leven, Earl of Dunmore, Earl of Roseberry, Lord Belhaven, Lord Advocate, Lord Treasurer Depute, Lord Arniestoun, Lord Anstruther, Mr Francis Montgomery, Laird of Blackadder, Laird of Ormistoun younger, Lord Provost of Edinburgh. The sub-committee named to deal with the Worcester crew (Goodtrees and Leven) were to order the transportation of the crew from wherever they were currently kept to prison in either Edinburgh Castle or any other place they think fit. Goodtrees or any other member of the Worcester committee were to order the transportation and imprisonment of one of the crew members named Bannatyne from Bo’ness.
4	22/12/1704	Order to Leven and Goodtrees for the transportation of the Worcester crew to Edinburgh Castle or elsewhere. Signed by Tweeddale (Chancellor).
5	22/12/1704	Order to Goodtrees for transporting Bannatyne from Bo’ness. Signed by Tweeddale.
6	23/12/1704 – 2/1/1705	‘Approbation of the Procedor of the Committee Anent Captain Greins ship The Worcester’⁹ 23 December at Burntisland. The committee made inspection of the Worcester’s cargo and interrogated one of its crew named George Haines. 23 December aboard the Worcester. The committee boarded the ship and made a list of all the crew in case of any ‘Imbazlement that should be alleadged to happen during the search’. The committee also ordered some members of the Company of Scotland, two Edinburgh merchants and a bailie from Burntisland to inspect the seals on the ship. They also opened some chests and cabinets to inspect the charters, writs and other documents inside them but found little of interest. 26 December at Burntisland. The committee ordered the ship to be unloaded the following day since it could not be safely transported to Leith. They also ordered a merchant to provide able seamen and barques and boats to accompany the ship and provide transportation for its cargo which was being sent to warehouses Leith but the merchant, Patrick Stewart, declined, so two directors of the Company of Scotland were instead ordered to carry this out, but Stewart was to attend and to make an inventory. There was to be a constant guard at the warehouses where the goods were to be kept and a bailie of Leith was employed to see that there was no ‘Rable’ or crowd disturbance around it. The committee was adjourned until the next day (27 Dec.) when it was to meet aboard the ship. 27 December aboard the Worcester. Other people added to the list of suspected persons. Patrick Stewart lodged a protestation with the committee, asking that if there was no evidence against the crew then they should be let go and their cargo returned without danger or cost to them and that the East India Company’s complaint against Roderick Mackenzie could proceed regardless. He took instruments with Gilbert Elliot and lodged the complaint with the Privy Council. Mackenzie provided a counter protestation and lodged some concerns with Elliot, such as the fact that the investigation had been taken over from him and the Company by the council and about the storing and holding of the cargo on the ship. The goods on board are detailed here (including many hundred bundles of ‘Kanes’, foodstuffs and China) and an inventory was created before it was handed to one Thomas Baker, skipper, and then transported to Leith where it was to be counted by bailie James Nairn. Having exhausted their transportation of the ship’s effects its hatches were sealed up and the committee was adjourned until the following day. 28 December on board the Worcester at 4am. More goods were unloaded, numbered in an inventory and transported on boats and barks to Leith. Some pepper was also unloaded from the ship before it was again sealed up for security and some trusted individuals were to appear on the ship again the following day at 4 or 5am to proceed with unloading its cargo. 29 December on board the Worcester at 5am. The remaining pepper and some other goods were transferred from the ship to other smaller boats to be transported to Leith. After this was completed the ship was again sealed up and it was agreed to re-convene again the next day at 5am. After the committee was brought ashore, Roseberry and John Cockburn of Ormistoun went to bailie Anderson to enquire about some of the cargo and were unsatisfied with his testimony so he was taken as a prisoner and committed to Canongate tolbooth. 30 December aboard the Worcester at 5am. As on previous days, proceedings began with inspecting the seals on the ship’s hatches to ensure there had been no tampering with them and they were found to be intact. The remaining goods on board the ship were transported save for some items that had been spoiled during its time sitting idle. The committee was adjourned until a report was made on their proceedings. 2 January 1705. This seven page report was read and approved of in the meeting of the Privy Council. Signed by Tweeddale.
7	28/12/1704	Sederunt and minutes of council Thursday 28 December 1704 at the council chamber. Sederunt: Lord Chancellor, Earl of Buchan, Earl of Glencairn, Earl of Lauderdale, Earl of Loudoun, Earl of Balcarres, Earl of Forfar, Lord President of Session, Lord Treasurer Depute, Lord Anstruther, Mr Francis Montgomery, Laird of Blackadder, Lord Provost of Edinburgh. Glencairn qualified himself in the usual manner and then took his seat at the board. Buchan and Montgomery added to the committee anent the export of money and the committee was ordered to meet the following day at 3pm. The PC recommended to the ‘Committee anent popery’ to meet the following day at 3pm to consider the grievances given in by the Kirk and lists of ‘papists’. Lauderdale acquainted the board that there was some money in the mint house to be coined and that it was necessary that there be new ‘dyes’ made for the. The PC appointed James Clerk, engraver in the mint, to make new dyes for that end and to be paid accordingly. In the meantime the committee anent false coinage was to meet the next morning at 10am to consider the melting of the old dyes while the others were being made and to enquire what was done upon the death of Queen Mary in this matter. Goodtrees to consider before the next council meeting the report of the commissioners appointed for trying Janet Roy and others for murder and to prepare a report. PC adjourned until the next Tuesday (2 January) at 3pm.
8	30/12/1704	Letters raised at the instance of John Blair agent for the Kirk with concourse of Goodtrees for George Strachan schoolmaster at Huntly to compeer before the PC on 23 January 1705 to answer the grounds of the complaint against him.
9	28/12/1704	Buchan (TD) and Montgomery added to the committee anent the export of money and the committee was ordered to meet the next day at 3pm. Signed by Tweeddale.
10	28/12/1704	Lauderdale’s report anent the mint money to be coined and PC order for the engraver to create new dyes and the committee anent false coins to prepare a report on how to proceed in the meantime. Signed by Tweeddale.
11	28/12/1704	Committee anent ‘popery’ to meet the following day at 3pm and to consider the grievances of the Church and the lists of ‘papists’ submitted.
Bonds of caution 1704 [25 items]
1	5, 6/1/1704	Bond John Fordyce for a voluntary collection in parish churches in the kingdom for raising the ransom for the release of John Thomson from slavery in Algiers.
2	24/1/1704	Enactment that Anna Seton that she will appear before the PC when called under the penalty of £400 Scots.
3	29/1/1704	Bond of caution Captain Alexander Nisbet for Ludovick Grant of Thurstoun to search and seize all English victual.
4	15/2/1704	Bond Donald Fraser to appear before the council when called under the penalty of 1,000 merks.
5	15/2/1704	Double of the above.
6	13/3/1704	Bond to the magistrates of Jedburgh for employing vacant stipends for building a bridge in Ancrum.
7	16/3/1704	Bond of caution Alexander McLeod, writer in Edinburgh, for the sheriff depute of Ross-shire, Mr George McKenzie. Mentions the council committee anent church grievances and McKenzie promised to appear before the PC on the 17^th (the following day) under he penalty of 1,000 merks. This was to answer the charges brought against him by the presbyteries of Ross and Sutherland.
8	29/4/1704	Bond of caution Campbell of Lochlane for Lieutenant Colin Fiarfoull in a promise to answer any process or libel against him under the penalty of 300 merks.
9	29/4/1704	Bond of caution Stirling of Carden for Stirling of Halbertshire. He promised to answer any libel or complaint against him under the penalty of 300 merks Scots.
10	23/5/1704	Bond James Brown and his cautioner to submit himself to the Marquis of Lothian’s judge bailie or any other competent court to answer the charges against him (of theft) under the penalty of 300 merks.
11	5/71704	Obligation Mr Alexander Burges and his cautioner, former minister at Temple who had ‘been accused as a transgressor’ of law. He promised to observe the laws of the nation and those of the Kirk with regards to marriage. He promised to remove himself from the kingdom and never return under the penalty of £1,000 Scots.
12	6/7/1704	Bond of caution John Corsar for a voluntary collection at parish churches throughout the kingdom for building a harbour at Pennan.
13	7/7/1704	Bond of caution Alexander Monteith for James Monteith Aldcathie to take into his custody Thomas Dalziell of Bins and detain him within his house until the payment of 1,000 merks in rent due to him were paid.
14	17/6/1704	Bond of caution Captain Robert Denholme for Mr Robert Davidsone, former prisoner in the tolbooth of Edinburgh to depart the kingdom before 1 August and not to return without the express permission of the council under the penalty of 3,000 merks.
15	20/7/1704	Bond Sir George Maxwell of Orhartoune for Mr Alexander Ferguson and John Sharl of Hoddam as cautioner. Maxwell was set at liberty from Edinburgh Castle and he promised to appear before the PC in the next 6 months under the penalty of 3,000 merks.
16	20/7/1704	Bond Captain John Livingston (who had been released from imprisonment in Edinburgh Castle) with James Gordon senior, merchant in Edinburgh, as cautioner for the former to depart from the kingdom and not to return without the council’s permission before 1 September under the penalty of 1,000 merks.
17	28/7/1704	Enactment Alexander Gibb (who had been seized as a suspected trafficking ‘papist’). He had refused to confirm nor deny if he was such and had found caution in the books of privy council to depart the kingdom on the fleet in the port of Leith under the penalty of death.
18	24/8/1704	Bond of caution for William Cochrane of Ferguslie that he shall answer the complaints raised against him before parliament or any other competent court under the penalty of £12,000 Scots.
19	1/9/1704	Bond Charles Mackinnon with Alexander Grant younger of that ilk as cautioner to attend the PC and its committee when he was called forth and not to depart the kingdom in addition to living peaceably in the mean time under the penalty of 1,000 merks.
20	1/9/1704	Bond Captain Neill McLeod with Eneas McLeod of Cadbole as cautioner) to attend the council and committee when called, to live peaceably in accordance with the laws of the kingdom and not to depart in the intervening period before the process was heard under the penalty of 1,000 merks.
21	2/9/1704	Bond of caution Patrick Steel for John Steel for him to appear before the PC when called, to live peaceably and not to depart the kingdom under the penalty of 1,000 merks.
22	6/9/1704	Enactment Pierre Delacour, Frenchman and prisoner in the tolbooth of Edinburgh. He enacted himself to leave the kingdom before 15 October and not to return without permission under the penalty of 1,000 merks.
23	4/10/1704	Bond and enactment Peetter Aggett, commander of the Fox of Dunkirk, for setting at liberty James Hyndshaw (son of one of the keepers of the tolbooth of Edinburgh), now prisoner at Dinant in France before 1 January 1705 under the penalty of £1,000 Scots.
24	20/10/1704	Bond William Kerr, son of Andrew Kerr of Fandersyde who was imprisoned in the tolbooth of Edinburgh due to a warrant from Goodtrees. He was set at liberty under the understanding that he would appear before the PC when called under the penalty of 1,000 merks.
25	29/11/1704	Enactment Elizabeth Haliburton, prisoner in the tolbooth of Edinburgh. Her sentence of death (from the lords of justiciary) had been commuted to banishment by the PC on 23 November and she therefore enacted that she would depart the kingdom to Maryland on the ship of Captain William Hutchison and never return under the pain of death.
2-25 January 1705 [85 items]
1	2/1/1705	Sederunt and minutes of council on Tuesday 2 January 1705 at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Rothes, Marquis of Lothian, Earl of Crawford, Earl of Sutherland, Earl of Mar, Earl of Morton, Earl of Glencairn, Earl of Haddington, Earl of Lauderdale, Earl of Loudoun, Earl of Forfar, Earl of Dunmore, Earl of Ruglen, Earl of Roseberry, Earl of Hopetoun, Lord Yester, Lord Belhaven, Lord President of Session, Lord Advocate, Lord Treasurer Depute, Lord Halcraig, Lord Anstruther, Lord Phesdo, Mr Francis Montgomery, Laird of Blackadder, Laird of Ormistoun younger, Lord Provost of Edinburgh. PC heard the report of the committee for examining the Worcester and approved of it. Committee for examining Green and his crew to meet the following day at 10am and to inspect the writs and papers seized from on board the ship. A committee was named ‘to perfect & conclude the Livereing the Cargo Aboard of Captain Greens ship’. Recommendation to the lord advocate to call for Roderick McKenzie and to enquire of him how the crew of the Worcester was maintained and alimented. PC considered a petition given in by Mr Alexander Marfeild, principal secretary of state to ‘his highnes the Duke of Zell’. The petition was remitted to the Lord Lyon and the Director of HM Chancellery. They were to peruse the ‘birth breiff’ (i.e. family tree) given in by the petitioner and to inspect the other family branches, then to report back to the PC for the next council day. PC considered a petition from Alexander Edmonstone of Duntreath. The PC granted a warrant to the petitioner or his factor to produce a suspension which was in the clerk of council’s hands. PC adjourned until the following Thursday (4 January) at 3pm.
2	undated¹⁰	Representation and petition of the Court of Directors of the Company of Scotland.¹¹ This was the Company replying to a PC order to provide aliment to the members of Captain Green’s crew during their imprisonment. They argued that they had already provided for them, asked for the release of a few and asked for recompense for the cargo on board the ship.
3	2/1/1705	‘Approbatione of the Report of the Committie Anent Captain Greens ship’
4	5/1/1705	Instrument Archibald Edmonston of Duntreath and his factor to William Hamitlon of Orbistoun.
5	5/1/1705	Letters raised by John Blair, agent for the Kirk with the concourse of Goodtrees against Mr George Strachan, schoolmaster at Huntly. This was to be placed at the mercat cross of Aberdeen and the other main towns in that shire. Strachan was ordered to appear before the PC before 23 January to answer the terms of the complaint against him.
6	4/1/1705	Interlocutor in the case of John Chalmers against James Stewart.
7	4/1/1705	Letters in the libel case Chalmers against Stewart.
8	4/1/1705	PC ordered either Leven or Goodtrees (or both) to examine those of the Worcester crew who had not yet been interrogated. They were also to peruse the papers seized from Captain Green and to report back to the council.
9	4/1/1705	Note of business 4 January.¹² Libel Chalmers against Stewart. Petition Anna Chiesly. Petition Colonel Patrick Ogilvie. Petition Robert Howie.
10	4/1/1705	Sederunt and minutes of council Thursday 4 January 1705 at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Rothes (PS), Earl of Sutherland, Earl of Buchan, Earl of Lauderdale, Earl of Loudoun, Earl of Leven, Lord Yester, Lord Belhaven, Lord Advocate, Lord Treasurer Depute, Lord Halcraig, Lord Anstruther, Lord Phesdo, Mr Francis Montgomery, Laird of Blackadder, Lord Provost of Edinburgh. Leven and Goodtrees ordered to examine the remaining members of the Worcester crew who were yet to be examined plus peruse Captain Green’s papers. Libel John Chalmers, procurator fiscal of Elgin and Forres against James Stewart, bailie of Elgin. Both parties and their advocates compeered. Unclear what the decision was in the libel. Petition Anna Chiesly and some of her wares taken when she was seized were to be returned to her. PC adjourned until Tuesday 8 January at 4pm.
11	3/1/1705	Probation from Robert Griersone knight and baronet to John Ferguson regarding the seizure of Alexander Cannon upon letters of lawburrows.
12	2/1/1705	Committee named for inspecting the Worcester and given power to go on board the ship in Burntisland to create inventories and oversee the transportation of its cargoes to warehouses in Leith. Signed by Tweeddale, Mar, Annandale, Loudoun, Forfar, Rothes, Crawford, Dunmore, Roseberry, Jerviswood, Goodtrees and Montgomery.
13	2/1/1705	Committee formerly named for examining Captain Green ordered to meet the following day at 10am to inspect the writs, papers, and other items seized from and belonging to Green and to report back to the council. Signed by Tweeddale.
14	2/1/1705	Goodtrees was ordered to converse with Roderick McKenzie to see ‘how the Crew belonging to the East India ship … are maintained & alimented In Prisone’ and to report back to the council. Signed by Tweeddale.
15	2/1/1705	The PC heard a report from a committee and take in an interlocutor named John Lothian. It is not clear what committee or process this is referring to but on the rear of this document it says ’22 & 23 dayes of December 1707 Jon Campbell messenger’.
16	2/1/1705	Petition from Arhcibald Edmonstone of Duntreath and his factor regarding the meal (or alternatively £5 Scots) that was owed to them by William Hamilton of Orbistoune. PC decision from 2 January recorded overleaf and signed by Tweeddale. Hamilton was to produce a suspension to the PC clerk and answer the petition before 16 January. PC decision from 18 January recorded on the final page, also signed by Tweeddale. Parties were called to the bar to hear the case. Edmonstone appeared with his advocate but Hamilton failed to do so and did not produce the suspension and so a protestation was granted against him. PC decision from 11 June 1705 recorded on this page also and signed by William Cunningham, son of John Cunningham, writer to the signet. This mentions an act of PC in favour of the Laird of Duntreath from 13 May 1686 and letters of horning by the laird of Orbistoune from 7 May 1686.
17	8/1/1705	Sederunt and minutes of council 8 January 1705, called extraordinary. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Crawford, Earl of Leven, Lord Belhaven, Lord Advocate, Lord Treasurer Depute, Lord Anstruther, Mr Francis Montgomery, Laird of Blackadder. Petition of John Cannon, brother of Alexander Cannon of Barley. He and the others mentioned in the process of lawburrows were to be set at liberty by the magistrates and keepers of the tolbooth in Dumfries. A messenger was to go with the Worcester committee to Burntisland the following day and ensure it was ‘livered’ in the correct manner. Roderick McKenzie was ordered to deliver any documents or papers belonging to Captain Green to the earl of Leven who was to peruse them and report back to the council. Any of the Worcester committee were to attend the ship at Burntisland and to ensure that it was ‘livered’ in the correct manner according to the council act of two or three days prior. An order to ‘the Generall’ to send a party of men to attend the committee at Burntisland.
18		Proceedings of the Worcester committee at Burntisland, 8-16 January. Sederunt: Earl of Balcarres, Earl of Forfar. 8 January: the committee were to attend the ship at Burntisland, to remove the seals and to transport some of the goods via boats. Roderick McKenzie and a local bailie were also ordered to attend with men. 9 January: the committee and others inspected the hatches and seals on the ship and some appeared to be damaged, so they were ordered to be secured to prevent any danger or theft. McKenzie was quizzed on this and it was found that some of the seals had been incorrectly applied. A ‘lazaretto’ is also mentioned here. McKenzie pointed out that the hatches from the deck to the lazaretto had not appeared to have been tampered with or opened but were simply incompetently applied. The seals were nonetheless opened by the committee in order for the contents of the ship to be inventoried and unloaded. The hatches were again sealed up and the committee adjourned until the following day aboard the ship. 10 January: the committee again removed the seals, which were found to be undamaged. They then removed goods and put them onto a barque, including a crate of mangoes. 11 January: the goods on board the ship were again unloaded and placed onto a barque called the Margaret of Leith. The gun rooms were also searched and further papers seized and inventoried. 12 January: further goods were inventoried on the ship, including paper and wood. People were ordered to see the goods sent to warehouses and properly stored there. 13 January: the chests and goods within drawers on board the ship were to be taken to Leith also and members of the Company of Scotland were ordered to guard the ship at Burntisland. 16 January: PC decision approving of the committee’s proceedings in unloading the remaining cargo on board the Worcester and ordered the papers seized on board and belonging to Green to be handed to Leven for him to peruse and then report back. Signed by Tweeddale.
19	8/1/1705	PC ordered Robert Forbes (PC clerk) to order (via a macer) the Worcester committee to go to Burntisland and remain there until the ship ‘be Intirely Livered’. Signed by Tweeddale.
20	8/1/1705	Roderick McKenzie was ordered to give any papers seized from Green to Leven. Signed by Tweeddale.
21	8/1/1705	Lt Gen Ramsay was to provide a party of soldiers to go to Burntisland and attend the Worcester with the committee under their command and to remain there until their work was completed. Signed by Tweeddale.
22	8/1/1705	Petition of Alexander Cannon brother of John Cannon of Barley. PC decision setting him and others at liberty from the Dumfries tolbooth is recorded overleaf and signed by Tweeddale.
23	8-22/1/1705	Latin commission to Adam Cockburn of Ormistoun. It notes at the bottom of the Latin commission that this was ‘sealled’ at Edinburgh on 22 January and was signed by Charles Kerr.
24	9/1/1705	Sederunt and minutes of council Tuesday 9 December 1705 at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Sutherland, Earl of Loudoun, Earl of Dunmore, Lord Belhaven, Lord Advocate, Lord Treasurer Depute, Lord Arinston, Lord Anstruther, Lord Phesdo, Mr Francis Montgomery, Laird of Blackadder, Lord Provost of Edinburgh. The PC grant Brigadier Maitland ‘ane forloth’ until 1 March and allowed him to come to Edinburgh to give an account of his garrison. Belhaven added to the committee anent false coinage, which was to meet the next day at 10am. The committee anent pressed men was ordered to meet the following Thursday at 3pm. PC considered the petition given in by Viscount Arbuthnot. Both parties and their lawyers were to be ready to debate the points in the petition next Tuesday. PC considered the petition given in to them by Jams Donaldson, merchant in Edinburgh. They allowed him to set up a manufactory for making firearms and other such goods. All others were barred from making such products and engines for the space of 19 years. PC adjourned until the following Thursday (11 January) at 3pm.
25	9/1/1705	Brigadier Maitland was granted ‘ane foreloff’ until 1 March and ordered to report to the PC on his garrison. Signed by Tweeddale.
26	9/1/1705	Committee anent pressed men to meet the following Thursday at 3pm. Signed by Tweeddale.
27	9/1/1705	Printed petition from the Viscount of Arbuthnot.¹³ PC decision calling both parties and their lawyers recorded overleaf (9 January) and signed by Tweeddale. Another PC decision (16 January) appointing the following Thursday as the date when the process was to be decided and debated below the above. Also signed by Tweeddale.
28	9/1/1705	Printed petition of James Donaldson. PC decision allowing him the right to erect such a manufactory and giving him sole power for 19 years recorded overleaf and signed by Tweeddale (9 January).
29	undated	‘Note of the dues of Letter & extracts befor the Counsell’
30	undated	Answers for Archibald Stewart of Burray to the petition of David Flett of Gurthy, John Flett of Cletts and others.
31	11/1/1705	Sederunt and minutes of council Thursday 11 January 1705 at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Sutherland, Earl of Buchan, Earl of Loudoun, Earl of Leven, Earl of Dunmore, Lord Belhaven, Lord President of Session, Lord Advocate, Lord Treasurer Depute, Lord Halcraig, Lord Phesdo, Mr Francis Montgomery, Laird of Blackadder, Lord Provost of Edinburgh. James Clark, engraver in the mint, ordered to cut new dyes for 10s and 5s pieces. Lauderdale was to pay him in the time being but the treasury were ordered to see to it that he was properly reimbursed in the long term. Petition from the friends of the family of Wintoun. Read and delayed. PC considered the petition from James Stewart, merchant in Elgin, and refused it. PC adjourned until the following Tuesday at 3pm.
32	11/1/1705	Note of business 11 January.¹⁴ Petition the friends of the family of Wintoun. Petition James Stewart.
33	11/1/1705	Printed petition of James Stewart, merchant in Elgin. This was in answer to the process raised against him before the PC by the procurator fiscal of the burgh, James Chalmers, in which Stewart was asked to pay £2,000 Scots for reported false imprisonment. PC decision refusing the desire of the petition recorded at the bottom of the second page of the petition and signed by Tweeddale (11 January).
34	11/1/1705	James Clark, engraver to the mint, to prepare new dyes for 5s and 10s pieces.
35	12/1/1705	Testificate confirming that Gilbert Burn, skipper, had fulfilled his order of transporting goods from the Worcester to Leith. Signed by Francis Oliphant.
36	15/1/1705	Transmission of letters raised by John Kennedy, minister at Peterculter, with concourse of Goodtrees against Alexander Thomson, former minister there. He was to compeer before the PC to answer the grounds of the complaint against him.
37	16/1/1705	Sederunt and minutes of council Tuesday 16 January 1705 at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Crawford, Earl of Sutherland, Earl of Buchan, Earl of Lauderdale, Earl of Loudoun, Earl of Forfar, Earl of Dunmore, Earl of Ruglen, Earl of Roseberry, Earl of Hopetoun, Lord Belhaven, Lord Treasurer Depute, Lord Anstruther, Lord Phesdo, Lt Gen Ramsay, Mr Francis Montgomery, Lord Provost of Edinburgh. PC approved of the report of the Worcester committee and ordered all other seized papers belonging to Green and other crew to be transmitted to Leven who was to make a report. Worcester committee to give out orders for searching the ballast on board the ship and to make report. PC considered a petition from Captain Green and other members of his crew. Goodtrees was to consider the terms of the petition and to liaise with Roderick McKenzie to see why the former aliment granted to the crew had been withdrawn and to report back. The boat men who transported the soldiers to Burntisland were to attend the committee there along with some commissioners from the treasury to ensure they were paid correctly. The following Thursday was appointed as the day for the hearing of the process between the Countess of Sutherland and the Viscount of Arbuthnot. Bills of suspension given to Mr James Taylour and Mr Patrick Chalmers (both ministers) and the agent for the kirk was to see and answer them before the following Thursday. The PC considered the petition of Lady Braidisholme and £50 sterling was to be paid to her by James Braidisholme elder. PC considered the petition from Anna Chiesly, daughter of John Chiesly, merchant in Edinburgh. Anna was to be set at liberty from the correction house of Edinburgh having found sufficient caution. She was to be released before March and was not to return there without the express permission of the PC. Her clothes and other items seized when she was taken were to be returned to her. PC considered the petition of the sheriff depute of Aberdeen, but the entry is incomplete and has been crossed out. The above petition from the sheriff depute of Aberdeen was read and delayed. Petition from Col Patrick Ogilvie read. PC adjourned until the following Thursday at 3pm.
38	16/1/1705	Note of business 16 January.¹⁵ Process of the Lady Sutherland. Report of the Worcester committee. Bill of suspension for Mr John Taylor. Bill of suspension for Mr Patrick Chalmers. Petition the Lady Breadisholme. Petition the sheriff depute of Aberdeen. Petition for Colonel Patrick Ogilvie. Petition from Captain Green. Petition from Anna Chiesly.
39	16/1/1705	Petition of Anna Chiesly. PC decision from 16 January releasing her from the correction house of Edinburgh is recorded overleaf and signed by Tweeddale.
40	16/1/1705	Petition from Lady Breadisholme. PC decision appointing money to be paid out to her from 16 January and signed by Tweeddale recorded overleaf.
41	16/1/1705	Petition from Colonel Patrick Ogilvie asking for payment of £100 sterling from the treasury for his salary. PC decision form 16 January overleaf: the PC recommended the petition to the treasury and ordered immediate payment of the money to Ogilvie. Signed by Tweeddale.
42	16/1/1705	Worcester committee to give orders regarding the searching of the ballast on board the ship. Signed by Tweeddale.
43	16/1/1705	Skippers and boat men who aided the Worcester committee in transporting the ship’s cargo were to attend Burntisland and meet with commissioners from the treasury for payment. Signed by Tweeddale.
44	16/1/1705	Scroll report of the Worcester committee.
45	16/1/1705	Petition from Captain Green and other members of his crew regarding the aliment formerly provided to them by the Company of Scotland during their imprisonment. PC decision (16 January) ordering Goodtrees to meet with McKenzie and enquire as to why this money had stopped recorded overleaf and signed by Tweeddale. Another PC decision (25 January) continuing the payment of aliment recorded below the above and also signed by Tweeddale.
46	16/1/1705	Petition from the two sheriff deputes of Aberdeen. PC decision from 16 January delaying the petition recorded overleaf and signed by Tweeddale. Another PC decision form 23 January is recorded below this: it orders the four women mentioned in the petition (who were held in the Aberdeen tolbooth for alleged infanticide) to be transported to Edinburgh to be tried before the court of justiciary. Also signed by Tweeddale.
47	18/1/1705	Sederunt and minutes of council on Thursday 18 January at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Sutherland, Earl of Loudoun, Earl of Leven, Earl of Forfar, Earl of Ruglen, Lord Yester, Lord Belhaven, Lord President of Session, Lord Treasurer Depute, Lord Arniston, Lord Halcraig, Lord Anstruther, Lord Phesdo, Mr Francis Montgomery, Lord Provost of Edinburgh. The custody of the Viscount of Arbuthnot’s children with the viscount was to be continued. Commission in favour of Mr Dougall Stewart advocate to be steward of the Stewartry of Monteith. Voted, approved, signed and ordered to be recorded. The PC considering the process between Archibald Edmonstone of Duntreath and William Hamilton of Orbistoun, the latter had failed to compeer while the former did appear at the bar with his advocate. They therefore continued the charges against Orbistoun and put them to further execution. The PC considered the petition of the commissioners of the Presbytery of Haddington. Intimation of the terms of this petition were to be made to all parties concerned by a notary public and witnesses. The petition was to be seen and answered the next council day. PC considered the petition of David McCulloch, former bailie of Fortrose, Donald Davidson, treasurer there and Kenneth McKenzie, burgess there. This was to be intromitted to John Bain younger of Tulloch or one of his advocates, factors, or agents so it could be seen and answered on the next council day. PC adjourned until the following Tuesday at 3pm.
48	18/1/1705	Note of business 18 January.¹⁶ Process the Countess of Sutherland against the Viscount of Arbuthnot. Process Edmonstone of Duntreath against Hamilton of Orbistoun. Commission to Mr Dougal Stewart to be Stewart of Monteith. Petition the sheriff deputes of Aberdeen. Petition the laird of Leckie. Petition David McCulloch. Petition the sheriff deputes of Aberdeen. Petition the Presbytery of Haddington.
49	18/1/1705	Petition of Davide McCulloch, bailie, Donald Davidson, treasurer and Kenneth Mackenzie, burgess of Fortrose. PC decision from 18 January ordering Bain younger of Tulloch to see and answer the petition is recorded overleaf and signed by Tweeddale. Both this petition and the instruments provided by Bain were read in PC on 23 January and he was ordered to pay each of the petitioners 16s for each day they worked as horsemen for him (for 6 weeks), which amounted to over £23. This decision from 23 January is recorded on the final page and also signed by Tweeddale.
50	18/1/1705	Petition from the commissioners of the Presbytery of Haddington. This references an application to the PC in April 1703 regarding ‘ane unhappy division in the paroch of haddington’ which asked for the lords to involve themselves and to ‘Discharge any to Interfeir with or disturb the kirk session ther lawfully elected and confirmed by the acts of parliament in the exercise of Discipline and government competent to them’. In response to this, the PC produced ‘ane act for the Interim to prevent confusion and for preserving the peace of the place’ and to allow the elders to collect at any church where a representative or appointment of the presbytery preached. It also appointed the eldership which served Mr Dunbar who was mentioned in the petition and they were to collect wherever he preached. It also noted that in the intervening time since then, Mr John Currie had been legally appointed by the heritors, magistrates, and elders of the parish and ‘setled by authority of the generall assembly’. However, in that time there had been two elderships within the parish which caused ‘very great confusions and disorders and is outterly Inconsistent with discipline and presbiterian Governmentd and the setling thereof in this Chruch particularly act 5^th parliament 1690, and act 22d parliament 1695′. It stated that this act meant that lawful elderships of sessions was only that which was subject to and authorised by the presbytery. Yet, these disorders and confusions continued, stated the petition. This paragraph ended with the following statement: “And seing Her majestie hes bein graciously pleased to take this national church into her royal speciall protection, and that the Exxecution of the publict Lawes concerning the Church doeth in a particular maner belong to the most honourable The privie Councill’ The presbytery therefore asked for the PC to discharge the former KS from interfering in the discipline and government of the parish and the documents from the KS to be delivered to the legal KS ‘and to give such further directiones in this matter As your Lordships in your great wisdome and prudence shall see [??] for advanceing of truth, piety, peace and good order in the said paroch’ PC decision from 18 January recorded overleaf and signed by Tweeddale. This was to be transmitted to Mr George Dunbar, minister of Haddington and the elders serving with him so it could be seen and answered the next council day. PC decision from 23 January also recorded below but without a signature. However, this council note regards the petition from Mr Alexander Marfield, principal secretary to the Duke of Zell and not this case. It has been crossed out in the MS.
51	18/1/1705	Printed answers and petition for the Viscount of Arbuthnot.
52	18/1/1705	Printed answers from the Countess of Sutherland in response to the petition of the Viscount of Arbuthnot.
53	18/1/1705	Goodtrees was ordered to prepare and bring into the next council meeting a report on the process between the Countess of Sutherland and the Viscount of Arbuthnot. Signed by Glasgow.
54	18/1/1705	Scroll decreet the Viscount of Arbuthnot against the Countess of Sutherland.
55	18/1/1705	Interlocutor in the case between he Viscount of Arbuthnot and the Countess of Sutherland.
56	18/1/1705	Petition of George Moir of Leckie. Asking for vacant stipends from the parish of Grangemouth for the years 1695, 1696 and 1967 ‘to be employed by him for pious uses within the said paroch’. The PC granted this on 6 March 1700 gave consent to this and ordered William Cunningham of Boquhan to make the money forthcoming. However, the petition noted that he had been ‘slack in employing the saids vaccand stipends’ so it asked for the PC to intervene to ensure that the money was provided, since it ‘so much concernes the publick good and for your petitioners own Satisfaction’. So the petitioner asked to also be given the joint power of uplifting the vacant stipends. PC decision from 18 January recorded at the bottom of the page (unsigned), which noted that the petition was read and refused.
57	18/1/1705	Scroll protestation Archibald Edmonston of Duntreath against William Hamilton of Orbistoun.
58	18/1/1705	Commission in favour of Mr Dougall Stewart to be Stewart of the stewartry of Monteith. This was a report of a local notary public who said that the council order of 19 January had been passed on to Mr George Dunbar and the provost of the burgh, Alexander Edgar (an elder) and other elders in the session, who are all named. The notary stated that he had taken instruments from these people according to the act of council.
59	19/1/1705	Instrument of intimation David McCulloch to John Bain younger of Tulloch.
60	24/1/1705	‘The Lords of the [Worcester] Committee appoints anne seton [or Anna Seiton] in Burntisland to be sett at Libertie’ since she promised to compeer before the PC when called. Signed by Tweeddale.
61	24/1/1705	Committee warrant. The Worcester committee appointed two Edinburgh bailies and ‘Captain Yeamon in Dundie’ to go to Burntisland on 30 January to inspect the ballast and other ‘hidden pairts’ of the ship for any papers, writs, ‘or any thing of Consequence or value’. This was to be transported to the Company of Scotland’s warehouse in Leith. Leven was to send an order to the Captain for this and to bring fit men to fulfil the command. Signed by Tweeddale.
62	24/1/1705	Proceedings of the ‘Committee Anent Examining Captain Greine and his Crew’. Sederunt: Lord Chancellor, Marquis of Annandale, Earl of Buchan, Earl of Loudoun, Earl of Leven, Earl of Ruglen, Lord Belhaven, Lord Advocate, Lord Anstruther, Mr Francis Montgomery.
63	23/1/1705	Petition for the Countess Dowager of Sutherland.
64	23/1/1705	Scroll decreet McCulloch and others against John Bain younger of Tulloch.
65		Petition from Mary, Countess of Southesk. She asked for sole custody of her son the earl of Southesk which was granted by the PC in a decision recorded overleaf and signed by Tweeddale which also said that any others were discharged from hindering her ‘possession and keeping’ of her son. On the first page of the petition, below it, is a PC decision from 25 January. This states that the petition had been answered by a number of tutors of the earl (the earls of Home, Northesk, lord Rankeillor and lord Sinclair, plus Mr James Martins) allowing the Countess to take care of her sone ‘dureing the years of his pupilarity’. Also signed by Tweeddale.
66	2- 23/1/1705	Petition for Master Alexander Marfeild, secretary of state to the Duke of Zell. His father (also Alexander Marfeild alias was McPhaill) was a soldier in Germany who had married ‘a Ladie of a Noble family called Atandels Lo hans in the Countrey of Zell’. The petitioner said that he was descended from the family of Sutherland by his grandmother. He stated that he could produce coats of arms and family trees to prove this and asked for the Lyon King at Arms and the Lord of the Chancellery and heralds so that the family trees and coats of arms ‘may appear in Foraigne Countries where; by the providence of God I am placed’. PC decision from 2 January (signed by Tweeddale) ordering the directors of the chancery and the Lord Lyon to investigate this genealogy and to report back to the council. PC decision from 23 January recorded beneath the above and also signed by Tweeddale. The PC allowed the Lord Lyon, the Chancellery and the Keeper of the Great Seal to allow this ‘In the petitioners Favours’.
67	23/1/1705	‘Double of the Testificat of the pedigree of Alexander McPhaill alias Marfield’
68	undated	Printed ‘Representation for the Earls of Home and Northesk, the Lord St. Clair, my Lord Rankeilor, and Mr. James Martine Tutors to the Earl of Southesque’.
69	23/1/1705	Act in favour of Alexander Marfield.
70	undated	Answers from the heritors and magistrates of Haddington to the GA Commission’s proposals.
71	23/1/1705	Recommendation for the Worcester committee to meet the next day at noon. Signed by Tweeddale.
72	23/1/1705	Interlocutor upon the petition of the Presbytery of Haddington. Signed by Tweeddale.
73	undated	Answers for Mr George Dunbar, minister at Haddington to the petition given in by the committee of the presbytery.
74	8/12/1704	Act of commission of the GA anent Haddington.
75	23/1/1705	Warrant for Anna Chiesly, who had been set at liberty from the correction house of Edinburgh to leave the kingdom under the penalty of being transported to the plantations. Signed by Tweeddale.
76	23/1/1705	A committee was named to consider the report of the trial of John Roy and others for murder before the sheriff and sheriffdom of Nairn. Signed by Tweeddale.
77	23/1/1705	Printed answers for Mr George Strachan, minister, to the complaint raised against him by John Blair agent for the Kirk for his activities in the parish of Keith. He stated that the claim made against him was groundless and that he should be assoilzied from the whole points of the libel brought by Blair against him. He cited two acts of parliament in 1695 and the queen’s letter to the privy council. This is fascinating as it cites that the act and the queen’s letter meant that it was only illegal to inject oneself into a parish or ‘intrude’ and that the taking of Episcopal services in private was, in fact, permitted and unpunishable legally.
78	23/1/1705	Letters John Blair against Mr George Strachan, schoolmaster at Huntly. PC decision signed by Tweeddale from 23 January is recorded overleaf. The council decided that Strachan was prohibited from preaching or exercising any part of his ministerial function within the parish of Keith under the penalty of being banished out of the shire of Banff.
79	23/1/1705	Note of business 23 December.¹⁷ Libel the agent for the Kirk against Mr George Strachan. Bill of suspension Mr George Taylor. Bill of suspension Mr Patrick Chalmers. Petition from the Countess of Sutherland. Petition the laird of Leckie. Petition the Countess of Southesk. Petition the commissioners of the presbytery of Haddington. Petition of David McCulloch and others.
80	23/1/1705	Sederunt and minutes of council Tuesday 23 January 1705 at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Rothes (PS), Marquis of Lothian, Earl of Crawford, Earl of Sutherlad, Earl of Buchan, Earl of Lauderdale, Earl of Loudoun, Earl of Findlater, Earl of Leven, Earl of Forfar, Earl of Ruglen, Earl of Roseberry, Earl of Hopetoun, Lord Belhaven, Lord President of Session, Lord Advocate, Lord Treasurer Depute, Lord Justice Clerk, Lord Arniston, Lord Halcraig, Lord Anstruther, Lord Phesdo, Lt Gen Ramsay, Mr Francis Montgomery, Laird of Ormistoun younger. Commission for Adam Cockburn of Ormistoun to be Justice Clerk. Letter from the queen adding the Justice Clerk to the PC and he qualified himself in the usual manner. Letter from the queen adjourning parliament until 27 March. Act appointing Anna Chiesly to be released from the correction house of Edinburgh and to remove herself from the kingdom. PC considered the petition given in by the commissioners of the presbytery of Haddington with answers from Mr George Dunbar. The PC prohibited and discharged the former KS which served with Mr Dunbar from interfering with or meddling in the government and discipline of the parish. Libel at the instance of John Blair, agent for the Kirk, against Mr George Strachan. Strachan was barred from preaching or exercising any part of the ministerial function in the parish of Keith. Committee named to peruse the details of the trial of John Roy and others for murder in the sheriffdom of Nairn and to report back. PC considered the petition of Mary, Countess of Southesk and she was allowed to keep her son until the age of his majority was reached. Petition from Alexander Marfield, granted in his favour. Petition from the sheriff deputes of Aberdeen and the PC allowed the prisoners currently there and suspected of infanticide to be transported south. Petition of David McCulloch and others against John Bain of Tulloch. The latter was ordered to pay all of the pursuers. The committees named to deal with the Worcester affair were ordered to meet the following day at 10am and macers were to advertise this. Petition from the laird of Leckie and it was appointed to be seen and answered the following council day. Petition the countess of Sutherland read and refused. 2 February was appointed as the day for Lady Braidisholme’s payment to be made forthcoming. PC adjourned until the following Thursday at 3pm.
81	25/1/1705	Sederunt and minutes of council Thursday 25 January at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Rothes (PS), Earl of Crawford, Earl of Sutheland, Earl of Buchan, Earl of Haddington, Earl of Lauderdale, Earl of Loudoun, Earl of Findlater, Earl of Leven, Earl of Dunmore, Earl of Ruglen, Lord Belhaven, Lord Advocate, Lord Treasurer Depute, Lord Justice Clerk, Lord Halcraig, Lord Anstruther, Lord Phesdo, Mr Francis Montgomery, Laird of Ormistoun younger, Lord Provost of Edinburgh. Petition of Mary Countess of Southesk and she was allowed to have the full custody of her son until his minority ended at age 14 without any hindrance from outside parties. Petition from James More of Leckie, read and refused. The earl of Buchan was allowed to uplift the vacant stipends which were to be provided for the ends described therein. Aliment previously provided to Captain Green and his crew was to continue in the time of their imprisonment. PC adjourned until the next Thursday (1 February) at 3pm.
82	25/1/1705	Note of business 25 January.¹⁸ Bill of suspension Mr George Taylor. Bill of suspension Mr Patrick Chalmers. Petition the Countess of Sutherland. Petition the laird of Leckie.
83	25/1/1705	Interlocutor anent the Countess of Sutherland and the Viscount of Arbuthnot. Signed by Findlater.
84	23/1/1705	Petition of George Moir of Leckie. PC decision which appointed to be seen and answered by the next council meeting by any of the parties concerned in it is recorded overleaf. Signed by Tweeddale on 23 January. PC decision of 25 January is recorded on the back which refused Leckie’s petition and allowed the Earl of Buchan to uplift the vacant stipends which were mentioned in the petition. Singed by Tweeddale.
85	25/1/1705	Answers for William Cunningham of Boquhan to the petition given in by George Moir of Leckie.
1-27 February 1705 [82 items]
1	13/2/1705	Printed petition of Adam Boig.
2	1/2/1705	Sederunt and minutes of council Thursday 1 February 1705 at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Crawford, Earl of Sutherland, Earl of Buchan, Earl of Glencairn, Earl of Haddington, Earl of Lauderdale, Earl of Leven, Earl of Dunmore, Earl of Ruglen, Lord Belhaven, Lord Advocate, Lord Treasurer Depute, Lord Justice Clerk, Lord Halcraig, Lord Anstruther, Lt Gen Ramsay, Mr Francis Montgomery, Laird of Blackadder, Laird of Ormistoun younger, Lord Provost of Edinburgh. Worcester committee to give assurances and indemnity to members of the crew who ‘shall make Discovery’. Committee named to enquire into the growth of ‘popery’ and a box marked with ‘DG’ which was found at Leith was to be searched. It seems that it contained several ‘popish books’. The committee was ordered to meet the following Saturday at 11am. Committee named to receive proposals for enlarging the currency of the coin. They were to meet the following day at 2pm. Committee named for hindering the importation of prohibited goods and ordered to meet at 2pm the next afternoon. Commissioners of the treasury were ordered to make an agreement with the Duke of Gordon and Goodtrees was to prosecute McIntosh of Borlem. James Clark, engraver to the mint, presented the new ‘cashet’ engraved by him to the PC. The old one was defaced in the lords’ presence and delivered to the keeper of the mint and the new one was to be made use of instead. Parties and lawyers in the case of Patton of Panholls against the earl of Perth to be ready to debate the next council day. Petition from the Countess of Southesk read and granted. PC considered a petition from Captain Green and one of his mates, the PC decided that the two of them were to be alimented as the rest of the crew was. Next Tuesday (6 February) was the queen’s birthday so celebrations were to be organised in the usual form. In the absence of the earl of Leven, the next in command of the governorship of Edinburgh castle was ordered to make sure that guns were fired at a certain time on the queen’s birthday. The Lord Chancellor ordered the PC to attend the council room on 6 February between the hours of 11 and 12 before the ‘solemnity’. PC adjourned until Thursday 8 February at 3pm.
3	1/2/1705	Note of business 1 February 1705.¹⁹ Libel Patrick Murdoch of Comladan and others. Process to be advised Paton of Panholls against the earl of Perth. Petition the laird of Herran. Petition the Countess of Southesk. Petition Captain Thomas Green.
4	1/2/1705	Committee named to enquire into the growth of ‘popery’.
5	1/2/1705	Petition of the Countess of Southesk.
6	1/2/1705	Interlocutor the Countess of Southesk against Mr James Martine.
7	1/2/1705	Order to the magistrates of Edinburgh for observing solemnities on the queen’s birthday on 6 February. Signed by Tweedddale.
8	1/2/1705	Warrant for using the new ‘cashet’ designed by James Clark in all time coming. Signed by Tweeddale.
9	1/2/1705	Committee named for hindering the importation of prohibited goods. Signed by Tweeddale.
10	1/2/1705	Leven ordered to give commands to his next in command at Edinburgh Castle to fire guns during the celebrations for the queen’s birthday on 6 February. Signed by Tweeddale
11	1/2/1705	Worcester committee to give assurances to any of the crew who should make any discoveries known to them. Signed by Tweeddale.
12	1/2/1705	Committee named to receive proposals ‘anent Inlargeing the currancie of the Coyne’. Signed by Tweeddale.
13	1/2/1705	Recommendation to the treasury to proceed in the treaty with the duke of Gordon. Signed by Tweeddale
14	3/2/1705	Letters John Blair agent for the Kirk against Inglis, Lauder and Grahame, intruders at Muthill. Signed by Gilbert Elliot.
15	7, 8/2/1705	Payment of Andrew Johnstone of Knockhill of the 300 merks owed to him by Francis Bell as a penalty.
16	8/2/1705	Sederunt and minutes of council, Thursday 8 February 1705. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Rothes (PS), Earl of Crawford, Earl of Buchan, Earl of Haddington, Earl of Loudoun, Earl of Leven, Earl of Ruglen, Earl of Hyndford, Earl of Roseberry, Lord Yester, Lord Belhaven, Lord Advocate, Lord Treasurer Depute, Lord Justice Clerk, Lord Arniston, Lord Anstruther, Mr Francis Montgomery, Laird of Blackadder, Laird of Ormistoun younger, Lord Provost of Edinburgh. Draft of a proclamation against priests and ‘papists’ read, voted, approved and ordered to be signed, published and printed. Committee named to enquire into ‘the abuse Committed upon the Earle of Leven and his servants <by ane moab in the streets> upon the 2d day of Febry’ when he was going home to the castle. The committee was to meet the following day to take depositions of those people who were examined by the bailies of Edinburgh and make further enquiries. Major General Maitland was to continue in possession of the garrison at Fort William. A committee was named to represent to him what happened in the case between the commissioners of the treasury and the duke of Gordon. Committee named to enquire about a murder committed against a woman in Pittenweem, who was a suspected witch. The committee was to meet the following day at noon and they were to question a bailie of the burgh who apparently let the murder take place and failed to keep the public peace. Libel at the instance of Mr John Kennedy, minister at Peterculter, against Mr Alexander Thomsone sometime minister there. Both parties and their advocates appeared at the bar. The defender was ordered to remove himself and all of his goods from the manse and glebe and to hand over the keys to the manse to the pursuer. Letters of horning were to be issued at 15 day’s notice. Worcester committee was ordered to inspect the papers belonging to the Captain and his crew and to meet the following day ‘in the Committee Roome’. Process at the instance of John Blair against Richard Waddell, former archdeacon of St Andrews. The pursuer compeered but the defender failed to and so 15 February was assigned for him to appear at the bar. Process at the instance of Patton of Panholls against the earl of Perth. Both parties and their advocates appeared before the council. Since the case was being heard before parliament, the PC decided that ‘they will not medle therein’. PC considered the petition of William Denholme of Westsheills. A committee was named to deal with this and to meet at 10 am the following morning and to make report back to the council. PC considered a petition given into them by the Court of Directors of the Company of Scotland and one from Captain Green and another member of his crew. The PC ordered the aliment they had formerly received to be continued during their imprisonment. PC adjourned until Tuesday 13 February at 3pm.
17	8/2/1705	Committee for enquiring into the murder of a woman in Pittenweem to meet. Signed by Tweeddale.
18	8/2/1705	Letters Mr John Kennedy against Mr Alexander Thomsone. PC decision ordering the latter to remove himself from the manse and to deliver the keys to Kennedy recorded overleaf and signed by Tweeddale.
19	8/2/1705	Committee for enquiring into the abuse committed on the earl of Leven by a mob to meet. Signed by Tweeddale.
20	8/2/1705	Worcester committee to meet. Signed by Tweeddale.
21	8/2/1705	Warrant for Major General Maitland to continue his possession of ‘fewell’ at the garrison of Fort William and a committee to represent to him about the post between the treasury and the Duke of Gordon. Signed by Tweeddale.
22	8/2/1705	PC declared that they would advise on the process between the Countess of Sutherland and the Viscount of Arbuthnot at the following council meeting. Signed by Eglington.
23	9/1/1705	Sederunt and minutes of council Friday 9 February 1705 at the council chamber, called extraordinary. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Rothes (PS), Earl of Haddington, Earl of Lauderdale, Earl of Loudoun, Earl of Leven, Earl of Dunmore, Earl of Ruglen, Earl of Hyndford, Earl of Roseberry, Lord Yester, Lord Belhaven, Lord Advocate, Lord Treasurer Depute, Lord Justice Clerk, Lord Halcraig, Lord Anstruther, Mr Francis Montgomery, Laird of Ormistoun younger, Laird of Blackadder. Proclamation against priests and trafficking ‘papists’ read, voted, approved, and ordered to be printed and published. PC decided that all the committees named were now to meet each Monday and Wednesday in the committee room at 11am and 3pm and macers were to advertise these meetings.
24	9/2/1704	Committees named to meet on Mondays and Wednesdays at 11am and 3pm in the committee room. Signed by Tweeddale.
25	9/2/1704	Proceedings of the committee which was enquiring into the abuses committed against the earl of Leven by a mob. Witnesses and testimonies of what happened were called for.
26	12/2/1704	List of suspected persons in the case of the murder of a woman in Pittenweem who was a suspected witch.
27	13/2/1704	Sederunt and minutes of council Tuesday 13 February 1704 at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Rothes (PS), Earl of Crawford, Earl of Buchan, Earl of Haddington, Earl of Loudoun, Earl of Leven, Earl of Dunmore, Earl of Ruglen, Earl of Hyndford, Earl of Roseberry, Lord Yester, Lord Belhaven, Lord Advocate, Lord Treasurer Depute, Lord Justice Clerk, Lord Anstruther, Mr Francis Montgomery, Laird of Blackadder, Laird of Ormistoun younger, Lord Provost of Edinburgh. Draft of a letter to the secretaries of state to ask for her majesty’s opinion on the garrison of Fort William and the burgh of barony which belonged to it (presumably Maryburgh). Committee to deal with this and to meet the following council meeting day. Report of the Worcester committee which was voted on and approved. A committee was named to transmit the libel and indictment to be given against Captain Green and his crew to the admiralty court. Commission for the earl of Wigtoun to be the Stewart of Strathearn read and delayed. Petition from the earl of Murray read and allowed to be seen and answered the next council day by any parties concerned within it. PC considered the petition given in by Lady Braidisholme and granted diligence against James Muirhead of Braidisholme. Petition the laird and lady St Martins read and refused. Petition Lady Spott read and appointed to be seen and answered. Petition from Roderick McKenzie together with a petition from Captain Green. The aliment formerly appointed to be paid out by McKenzie to the Worcester crew was now to be restricted to 6s Scots per day, except for those who were imprisoned in Edinburgh Castle, who would get 12s per day. Two of Green’s crew were also to be liberated from their imprisonment. Some council members plus the procurator fiscal to the admiralty and Roderick McKenzie were ordered to attend Goodtrees to discuss the papers and writs in his custody pertaining to the case against Captain Green. Petition from William Forbes, advocate. He was ordered to wait upon the lords of session and those of the session that sat on the PC to meet together with the lord advocate and consider his case. They were ordered to meet and make report back to the council. Petition from Adam Boig and he was allowed to print the Edinburgh Courant ‘Containeing the Remarkable foiraine Newes […] as also the home newes’. He was to be accountable for the news published in the paper. PC adjourned until 15 February at 4pm.
28	13/2/1705	Note of business 13 February.²⁰ Report of the Worcester committee. Commission in favour of the earl of Wigtoun to be Stewart of Strathearn. Petition the Lady Breadisholme. Petition the Earl of Murray. Petition Captain John Browne. Petition St Martins and his wife. Petition the Lady Spott. Petition from the Company of Scotland. Petition Mr William Forbes.
29	13/2/1705	Commission for the earl of Wigtoun to be Stewart of Strathearn.
30	13/2/1705	Proceedings of the Worcester committee. Goodtrees was to write to court for remissions for some members of the crew and he along with some others were to intimate the points of the libel to be raised against Green and the remainder of his crew to the Admiralty Court. Signed by Tweeddale.
31	13/2/1705	Petition of James Dallas of St Martins and Barbara Cockburn, his wife. Refused by PC (signed by Tweeddale).
32	13/2/1705	Petition of Rose Muirhead Lady Breadisholme younger. PC allowed her to continue with her diligence against James Muirhead of Breadisholme elder notwithstanding the bill of suspension he had brought against her. Signed by Tweeddale.
33	13/2/1705	Petition of Mr William Forbes, advocate. Lords of session sitting in the PC were to inspect the sheets of the book mentioned in the petition and to report back to the council. Signed by Tweeddale.
34	13/2/1705	Councillors and Roderick McKenzie to attend Goodtrees and help him peruse the journal, writs and papers seized from the Worcester. Signed by Tweeddale.
35	8-13/2/1705	Supplication from Captain Green and some other members of his crew. The PC amended the aliment provided to them and set some at liberty.
36	13/2/1705	Printed petition of Adam Boig to print the Edinburgh Courant three times per week. PC granted this permission, signed by Tweeddale.
37	13/2/1705	Petition of Roderick McKenzie. Aliment for the Worcester crew amended and some were set at liberty. Signed by Tweeddale.
38	13/2/1705	Petition of Captain John Browne asking for payment for his efforts in attending to and unloading the cargo of the Worcester.
39	15/2/1705	Report of the committee looking into the murder of Janet Cornfoot in Pittenweem. Some bailies of the burgh were investigated. They stated that Cornfoot was an inhabitant of Leuchars and that she had been brought to Pittenweem by two men and was sent to the minister’s house. However, he was at the house of one of the bailies, so they took her there but she was unsecured and a rabble fell upon her and beat her very badly. She was then taken to another private house but there she was again thrust upon and beaten, this time to death, at around 10 or 11pm. There were three suspected persons: Robert Dalziell, a skipper’s son, Walter Watson from Burntisland, and someone named Groundwater who was ‘ane Orkney man’. Several other people are named as witnesses to the murder. Two school boys were also implicated but all of these suspects had fled. Goodtrees was ordered to raise a libel process against the magistrates of Pittenweem for their failure to keep the peace in addition to raising a process before the lords of justiciary against all the suspects in the case. Signed by Tweeddale.
40	15/2/1705	Sederunt and minutes of council Thursday 15 February 1705 at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Rothes (PS), Earl of Crawford, Earl of Buchan, Earl of Lauderdale, Earl of Loudoun, Earl of Leven, Earl of Dunmore, Earl of Ruglen, Earl of Roseberry, Lord Yester, Lord Belhaven, Lord Advocate, Lord Treasurer Depute, Lord Justice Clerk, Lord Arniston, Lord Halcraig, Lord Anstruther, Mr Francis Montgomery, Laird of Blackadder, Laird of Ormistoun younger, Lord Provost of Edinburgh. Petition from Mr Robert Forbes and Mr James Grahame, judges in the high court of admiralty and a committee was named to assist them in the process brought by the procurator fiscal of the admiralty against Captain Green and his crew. PC considered the report of the committee anent the murder of Janet Cornfoot at Pittenweem. Goodtrees was to raise a process against the magistrates there for failure to keep the peace and to pass on the details of the accused to the lords of justiciary so they could raise a criminal process against them for murder. Process at the instance of John Blair against Mr Richard Waddell, former archdeacon of St Andrews. Waddell had asked for Patrick Hume’s signature on letters and this was provided and the reasons for his suspension were repelled. Richard Waddell recommended to the treasury for a vacant stipend.²¹ Petition the earl of Murray read and granted. Petition Clara Ruthven Lady Spott with answers from Alexander Hay of Lawfield and she was ordered to produce a bond regarding the case. Petition James Donaldson ‘Gazeteer’; read and refused. PC adjourned until the following Tuesday (20 February) at 3pm
41	15/2/1705	Note of business (undated but clearly 15 February).²² Process the agent for the Kirk against Dr Waddell. Report of the committee anent the murder at Pittenweem. Commission for the earl of Wigtoun to be the Stewart of Strathearn. Petition for Sir Robert Forbes and Mr James Grahame, judges of the admiralty court. Petition the earl of Murray appointed to be seen and answered. Petition the Lady Spott appointed to be seen and answered. Petition James Donaldson.
42	15/2/1705	Representation from the magistrates of Pittenweem concerning the murder of Janet Cornfoot.²³ This states that Cornfoot was one of the accused witches in the town who had confessed and that she had broken out of her imprisonment in the tolbooth there and had been on the run for between 5 and 6 months. During that period, she ‘did Lurk’ in the parish of Leuchars. The representation states that she had been brought to Pittenweem without the knowledge of the magistrates. When she was in the custody of an officer a rabble descended upon her but was dispersed prior to returning unknown and murdering her. Several people had been detained by the magistrates following the murder.
43	15/2/1705	Petition from Clara Ruthven, Lady Spott. Appointed to be seen and answered by Lord Alexander the next council day (signed Tweeddale). Decision from 27 February (signed Annandale): petition refused since the case was laying before the treasury. Also on 27 February:
44	17/1/1702	Back bond Lord Alexander Hay to the commissioners of the treasury upon the escheat of Archibald Murray of Spott. (Clearly produced for the legal proceedings on 15 February 1705).
45	undated (15/2/1705)	Printed answers for Lord Alexander Hay of Lawfield to the petition of Lady Spott younger. He refused to give her the aliment money she requested due to her poor condition since he felt no obligation to and that there was no legal case to be had.
46	15/2/1705	Petition of Robert Forbes and James Grahame judges in the court of admiralty. Since the PC had raised a process against the Worcester crew, the admiralty ‘hath been pleased to appoint some of your own Number to assist as asessors especially seeing the affair hes been already before your Lordships’. PC decision naming a committee (consisting of Loudoun, Belhaven, Arniston, Blackadder, and Ormiston younger) signed by Tweeddale at the bottom of the page. This has been recorded a second time overleaf but has been crossed out.
47	3/12/1702	Registration of the back bond from Alexander Hay to the commissioners of the treasury regarding the escheat of Murray of Spott.
48	undated	Printed petition of James Donaldson, writer of the Gazette.²⁴ This is a very interesting petition in which Donaldson complained about the encroachment on his right to print the Gazette by Boig’s publication of the Edinburgh Courant. He also claimed that Boig copied passages verbatim from the London Courant. He also stated that there were ‘small numbers of people who buy News-papers, so that it’s not possible for two to Subsist thereby; and if your Lordships should allow two, the Result must be that he who could bear out longest by underselling and wresting Customers from the other must carry it […] that he [Boig] may undersel, outweary and quite ruine your Petitioner’. He asked for a monopoly over the publication of newsprint for 19 years. In the additional handwritten note on this petition, Donaldson states that since Boig’s endeavour was allowed to proceed, there had been other examples in which ‘you Lordships Authority is disregarded’, such as printers in Edinburgh unilaterally printing ‘Burial Letters’ and funeral arrangements, such as one for one Mr Dunlop, minister of Kirkowan.
49	undated	Petition of James Donaldson. This is handwritten and mentions the above petition. It followed a similar form, complaining about illegal printing of burial letters and Adam Boig’s warrant which contradicted the one given to Donaldson for printing the Gazette. He added that Boig had come under the censure of the PC and had his print run stopped, which Donaldson suffered from as well although he claimed innocence. Due to the complications with news printing, Donaldson’s investment into a potentially lucrative venture (making engines for facilitating ‘smith work’) had been hampered.
50	15/2/1705	Petition of James Donaldson, merchant in Edinburgh. He complained about Boig’s printing of the Edinburgh Courant due to a PC act on 10 March 1699 ‘allowing him to publish all News foreingn [sic] and domestick within this kingdom and prohibiting all others within the same to do the like under the pain of 100 pounds penalty’. PC decision refusing the desire of the petition is recorded overleaf and signed by Tweeddale.
51	15/2/1705	Case between the Countess of Sutherland and the Viscount of Arbuthnot was to be heard the next council day. Signed by Eglington.
52	8-15/2/1705	Doctor Waddell against the agent for the Kirk. PC decision (8 February) appointing 15 February as the date for this to be heard since Waddell was absent that day. Signed by Tweeddale.
53	15/2/1705	Petition of the earl of Murray. Asked for permission from the Stewart of Monteith to open up some of Alexander Stewart of Craigtoun’s papers and make an inventory. Appointed to be seen and answered.
54	15/2/1705	Interlocutor in the process between the agent of the Kirk and Dr Waddell.
55	15/2/1705	Interlocutor on the earl of Murray’s petition.
56	15/2/1705	Execution of poinding for Andrew Johnstone of Knockhill against Francis Bell.
57	15/2/1705	Interlocutor in the earl of Murray’s petition.
58	17/2/1705	Declaration of John Adair, bailie depute of the burgh of barony at Lochryan testifying that a number of people (all named) were ‘put on board of Earle of whitehaven’ at Lochryan.
59	1/2/1705	The supplication of Captain Green and other members of the Worcester crew. PC allowed them to be alimented as the rest of the crew were (signed Tweeddale on 1 February).
60	20/2/1705	Sederunt and minutes of council, Tuesday 20 February 1705 at Edinburgh. Sederunt: Lord Chancellor, Marquis of Annandale, Earl of Rothes, Marquis of Lothian, Earl of Buchan, Earl of Loudoun, Earl of Leven, Earl of Ruglen, Earl of Hyndford, Earl of Roseberry, Lord Belhaven, Lord Advocate, Lord Treasurer Depute, Lord Justice Clerk, Lord Anstruther, Mr Francis Montgomery, Laird of Blackadder, Laird of Orimstoun younger, Lord Provost of Edinburgh. Sailing orders given to Captain Campbell. Petition from Thomas Green and other members of the Worcester crew. Petition from William Bruce of Stenhouse. Additions to the membership of the committee considering the petition of William Denholme. PC approved of the report of the committee named to deal with the importation of prohibited goods and ordered it to be ‘Drawen out in the forme of ane act’ and then printed. Lt Gen Ramsay to provide troops for the ship the Dumbarton Castle. Adjourned until Thursday 22 February at 3pm.
61		Note of business 20 February.²⁵ Petition Captain Green and his crew. Petition for William Bruce.
62	20/2/1705	Sir William Bruce against Lady Cullearn, Alison Turnbull.
63	20/2/1705	Sailing orders for Captain Mathew Campbell, commander of the Dumbarton Castle.
64	16/2/1705	Proceedings of the committee for hindering the importation of prohibited goods. PC approved of the report and looked to hinder any rabblings, signed by Tweeddale (20 February).
65	20/2/1705	Order for the commander-in-chief to send a part of soldiers on board the ship the Dumbarton Castle.
66	20/2/1705	Petition from Captain Green and other officers on board his ship. Leven was ordered to deliver writs and papers regarding their case to them in custody and to the clerks of the court of admiralty. Signed by Tweeddale.
67	8/3/1705	Letters in the process the laird of Riccartoun against Margaret Dalgleish and others.
68	22/2/1705	Sederunt and minutes of council Thursday 22 February at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Rothes (PS), Earl of Buchan, Earl of Loudoun, Earl of Ruglen, Earl of Hyndford, Lord Belhaven, Lord Advocate, Lord Treasurer Depute, Lord Justice Clerk, Lord Anstruther, Mr Francis Montgomery, Laird of Blackadder, Laird of Ormistoun younger, Lord Provost of Edinburgh. Letter from the earl of Roxburgh regarding Fort William voted and approved. Petition from Lady Breadisholme younger appointed to be seen and answered. PC adjourned until Thursday 27 February.
69	22/2/1705	Printed petition of James Muirhead of Bredisholm to the petition of Rose Fincham relict of his son, James Muirhead.
70	22/2/1705	Letter about Fort William from the earl of Roxburgh, one of the secretaries in waiting.
71	22/2/1705	Printed petition of Rose Muirhead, lady Bredisholm younger. Appointed to be seen and answered (signed Tweeddale, 22 February).
72	28/2/1705	Witnesses called for Ensign James Fleming and John Galbraith
73	23/2/1705	Execution of letters in the case of Riccartoun against Dalgleish.
74	23/2/1705	Instrument upon the delivery of Captain Green’s papers to the court of admiralty.
75	23/2/1705 – 8/3/1705	Letters the lord advocate against the magistrates of Pittenweem. A committee was named to investigate and decide upon the libel (8 March).
76	23/2/1705 – 1/3/1705	Letters the lord advocate against Fleming and others. He and Galbraith were ordered to beg the mercy of the council and to be imprisoned in Edinburgh (1 March, signed Tweeddale).
77	24 – 28/2/1705	Execution of letters against Fleming and Galbraith.
78		Sederunt and minutes of council Tuesday 27 February at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Rothes (PS), Earl of Crawford, Earl of Sutherland, Earl of Buchan, Earl of Lauderdale, Earl of Loudoun, Earl of Leven, Earl of Ruglen, Earl of Roseberry, Lord Belhaven, Lord Advocate, Lord Justice Clerk, Lord Anstruther, Laird of Blackadder, Laird of Ormistoun younger, Lord Provost of Edinburgh. Act William Bruce of Stenhouse against Alison Turnbull. Delayed and parties to agree in the meantime. Act reprieving Grisell Tulles until 14 March. After the verbal report of the committee investigating the process in Nairn, the PC approved of it and continued the sentence of death pronounced against Elspeth Tulloch. Petition from Mrs Anderson, HM printer, and the PC allowed her to raise a libel against James Watson for printing prohibited books. Petition from Rose Muirhead, lady Breadisholme younger. The laird of Breadisholme elder was ordered to pay her £50 sterling in aliment. It notes here that the Lord Chancellor removed himself from the council meeting to sit in on the committee concerning Lady Spott’s petition so the Marquis of Annandale, as president of the council, ‘Did take the Chyre’.²⁶ Petition from Lady Spott and answers from Hay. PC refused the desire of the petition since it was laying before the treasury. Adjourned until next Thursday at 10am.
79	undated (1705)	‘Report anent the process at Nairn’.
80	27/2/1705	Interlocutor upon the report of the committee which was considering the process between the procurator fiscal of Nairn and Elspeth Tulloch and Janet Dallas and John Roy. Mentions a sentence of death against Tulloch.
81	27/2/1705	Petition from Elspeth/Grisell Tulloch, prisoner in the Edinburgh tolbooth sentenced to death for infanticide. PC delayed her sentence until 13 March.
82	27/2/1705	Interlocutor on the petition from the Lady Breadisholme younger.
1-31 March 1705 [68 items]
1		Sederunt and minutes of council, Thursday 1 March 1705 at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Rothes (PS), Earl of Buchan, Earl of Loudoun, Earl of Leven, Earl of Ruglen, Lord Belhaven, Lord Advocate, Lord Justice Clerk, Lord Arinstoun, Lord Halcraig, Lord Anstrtuther, Mr Francis Montgomery, Laird of Blackadder, Laird of Ormistoun younger, Lord Provost of Edinburgh. Petition from James Watson printer in Edinburgh. He and his lawyers along with Agnes Campbell and hers were to be prepared to debate the points of the libel the following Thursday. In the meantime, the PC suspended the stop put on Watson’s printing. The PC allowed the mint to be opened and for the officers there to continue coining 10S pieces and a committee was named to take trial of the essay of weight and ‘Fyneness’ of the gold. Libel Goodtrees against Ensign James Fleming and John Galbraith. Both parties ‘did one after other with open doors Compear at the end of the Councill table and there sitt doun Upon their Knee and Acknowledged ther offece and ware Heartily sory for the samein And thereafter did Begg pardon of the Board’. They were thus allowed to be set at liberty by the keepers of the tolbooth of Edinburgh. Commander-in-chief (Ramsay) was ordered to send over commanders of regiments in Flanders who had requested fresh troops to come and collect them. They were to be shipped on an English fleet sailing from Leith on 10 March. Bill of suspension at the instance of John Taylor with answer for the agent of the Kirk. Bill refused. Goodtrees to prepare a letter to the queen asking her to make forthcoming her plans to their ‘Resident’ (ambassador?) at the Hague to prepare a convoy for collecting the recruits without ‘being detained ther by unnecessary delayes’.
2	1/3/1705	Petition by Mr John Taylor, minister at Paisley. Taylor apologised for not appearing before the council when he was called the previous year, but maintained that he was ‘ignorant of the forms of that Honorable Court [and] Did not understand the necessity of my second appearance’. He was declared a rebel and contumacious according to the complaint brought by John Blair but refuted these claims. He did, however, agree not to preach or exercise any ministerial functions.
3	1/3/1705	Answers for John Blair to Mr John Taylor. Blair claimed that Taylor was ousted at the revolution but had intruded on the parish of Kilmadock and had set up a meeting house at Doune Castle. Blair noted that despite council orders to shut up this meeting house, he had simply moved it elsewhere and continued to preach. He was, the petition states, ‘notoriously disaffected to the Government and the great Fomenter of all Disaffection in these parts, besides that it is known that while incumbent in Paisly, he was Heteredox and Erroneous in his Doctrine’.
4	1/3/1705	Officers of the mint to open the mint and continue coining 10s pieces. Signed by Tweeddale.
5	1/3/1705	Recommendation to the lord advocate to prepare a letter to the queen regarding a convoy of ships for the new recruits.
6	1/3/1705	Recommendation to Ramsay for the recruits being sent from Leith on 10 March.
7	1/3/1705	Printed petition of James Fleming, ensign in the Regiment of Brigadier George Hamilton ‘and John Galbraith, merchant in Edinburgh’²⁷. It was these men who admitted to their being ‘engaged in a very rash and foolish scuffle and insult upon the Earl of Leven’s Servitors, when my Lord himself was in a Chair going home to his Lordships Number’. Fleming had a commission so desired this to be fulfilled and thus asked to be released from prison, admitting that ‘I was then in drink’ and that he had no malice against nor intention to harm the earl of Leven.
8	16/1/1705 – 1/3/1705	Bill of suspension for Mr John Taylor and answers from John Blair. Bill of suspension refused. Taylor had been absent on 11 November 1703 and again in 1704. This appears to have first been heard in the PC on 16 January (as dated on the rear), when the bill was appointed to be seen and answered.
9	8/3/1705	Sederunt and minutes of council Thursday 8 March 1705 at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale (PC), Earl of Rothes (PS), Earl of Crawford, Earl of Buchan, Earl of Lauderdale, Earl of Loudoun, Earl of Ruglen, Earl of Roseberry, Lord Belhaven, Lord President of Session, Lord Advocate, Lord Treasurer Depute, Lord Arniston, Lord Halcraig, Lord Anstruther, Lord Phesdo, Mr Francis Montgomery, Laird of Blackadder, Laird of Ormistoun younger, Lord Provost of Edinburgh. Instructions to Captain Gordon, commander of the Royal Mary. Recommendation to the general to send forces aboard the Royal Mary. A committee was named to call for Captain Hews of a ship in Leith to enquire how he went about searching ships that went up and down the Forth. The committee was empowered to capture the captain and any of his crew. Committee for the process between Bruce of Stenhouse and Lady Cullearne to meet. Petition for William Forbes, advocate, asking for sole power to print a book called ‘Treaties of Church Lande and Teiths’. All others were prohibited from printing, importing or selling that book for 19 years under the penalty of 500 merks. PC granted Mr James Webster (one of the ministers of Edinburgh) and his heirs or successors the sole privilege of printing the book entitled ‘Sacramental Sermones & Discourses’ which were composed by him. This was granted for 11 years under the penalty of 500 merks for breaking this monopoly. Libel at the instance of Craig of Riccartoun against Margaret Dalgleish called, with both parties and their advocates appearing. A committee was named to consider the libel. Libel at the instance of Goodtrees against James Cook and William Borthwick, bailies of Pittenweem. Cook was allowed to pursue a voyage at sea while Borthwick was ordered to enact himself in the books of Privy Council. Execution sisted for Captain Green and his crew regarding their aliment. Case between Agnes Campbell and James Watson was heard with both parties and their advocates appearing before the council, which decided to name a committee to hear the process and report back. PC adjourned until the following Monday at 3pm.
10	8/3/1705	Instructions given to Captain Thomas Gordon, commander of the ship called the Royal Mary. Signed by Tweeddale.
11	8/3/1705	Double of the letters in the case between Riccartoun and Dalgleish and others.
12	8/3/1705	Note of business 8 March 1705.²⁸ Letters the laird of Riccartoun against James Braid and others. Libel the lord advocate against the magistrates of Pittenweem. Hearing between Agnes Campbell (‘Ms Andersone’) and James Watsone. Reports anent ‘papists’. Petition Mr Roderick McKenzie. Petition Mr William Forbes.
13	8/3/1705	Recommendation to Ramsay to send troops on board the ship the Royal Mary. Signed by Tweeddale.
14	8/3/1705	James Webster granted the authority to print a book of his sermons. Signed by Tweeddale.
15	8/3/1705	Petition of William Forbes, advocate. PC granted him allowance to print a book about church lands and tithes. Signed by Tweeddale.
16	8/3/1705	Recommendation to the committee regarding priests and trafficking ‘papists’ to meet.
17	8/3/1705	Execution given to Captain Green and his crew sisted. Signed by Tweeddale.
18	9/3/1705	Enactment William Borthwick for the other magistrates of Pittenweem.
19	20/3/1705	Copy of a (Latin) commission for the Marquis of Annandale to be one of the principal secretaries of state.
20	10/5/1705	Sederunt and minutes of council 10 May 1705 at Holyroodhouse. Sederunt: Lord Chancellor, Marquis of Lothian, Earl of Crawford, Earl of Loudoun, Earl of Leven, Earl of Glasgow, Lord Archibald Campbell, Lord President of Session, Lord Advocate, Lord Treasurer Depute, Lord Justice Clerk, Lord Provost of Edinburgh. Libel and indictment at the instance of Goodtrees against William Durham. He refused the formula proposed by the 3^rd act of the parliament of 1700. He was to be set at liberty from the tolbooth and banished under the penalty of 500 merks as a suspected priest. Warrant to set David Oliphant and William Halliday free from the tolbooth of Edinburgh for their account of the rabble. Warrant for setting Davidson and Knox (rabblers) ‘upon the troan scurgeing and Banisheing them’. Exoneration of James Johnstone late Register and his servants. Warrant for delivering William Coventry (one of the rabblers) to any of the officers serving her majesty in Holland and he was ordered not to return.
21	10/5/1705	Warrant for banishing William Durham, a suspected priest. Signed by Seafield.
22	10-12/3/1705	Double of the declaration of several seamen at Leith concerning the Captain of the Winchester and his manner of searching ships and papers.
23	10/5/1705	Indictment against William Durham, signed by Goodtrees.
24	10/5/1705	Warrant for scourging, setting on the tron and banishing James Knox and William Davidsone, rabblers. Signed by Seafield.
25	12/3/1705	Sederunt and minutes of council Monday 12 March 1705 at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale. (PC), Earl of Rothes (PS), Earl of Loudoun, Lord Belhaven, Lord President of Session, Lord Advocate, Lord Treasurer Depute, Lord Arniston, Lord Halcraig, Lord Anstruther, Lord Phesdo, Mr Francis Montgomery, Laird of Blackadder, Laird of Ormistoun younger, Lord Provost of Edinburgh. Concerning the letter from the council to the secretary of state in waiting to be laid before the queen: it was to be amended to address the ‘Insolence’ of Captain Hews, commander of the English man of war named the Winchester in searching of vessels. The PC continued the sist on the charge against Captain Green and his crew. Verbal report of the committee in the affair between Bruce of Stenhosue and Lady Cullairn. Bruce was to be paid 200 merks in aliment and the case was remitted to the Court of Session. Committee for public occurrences named (consisting of 18 names) during the period of ‘vaccance’ and 5 were to be a quorum. Adjourned until Tuesday 3 April at 10 am.
26	12/3/1705	Printed answers for Dame Alison Turnbull and her husband, John Graham of Kilearne to the libel raised by Sir William Bruce of Stenhouse.
27	12/3/1705	Committee for public occurrences named. Signed by Tweeddale.
28	12/3/1705	Scroll decreet Sir William Bruce against Lady Cullearn and her husband.
29	8/3/1705	Recommendation for the committee named to deal with William Bruce’s process to meet. Signed by Tweeddale.
30	12/3/1705	Sist of the execution against Captain Green and his crew was continued. Signed by Tweeddale.
31	12/3/1705	Letter from the council to the principal secretary in waiting (and indirectly addressed to the queen). This looks like it was written by Tweeddale and was, in any case, signed by him.
32	13/3/1705	Sederunt and minutes of council 13 March 1705 at the council chamber. Sederunt: Lord Chancellor, Marquis of Annandale, Earl of Rothes, Earl of Buchan, Earl of Haddington, Earl of Dunmore, Earl of Roseberry, Lord President of Session, Lord Advocate, Lord Anstruther, Mr Francis Montgomery. Letter from the queen to the council adjourning parliament until 3 May. Proclamation for adjourning parliament read, signed and appointed to be printed.
33	14/3/1705	Letters the agent for the Kirk and Goodtrees against Mr William Rattray, former incumbent at Cargill. The sentence against him was carried and he was declared her majesty’s rebel with the possession of the Kirk of Cargill legally handed over to the presbytery. Signed by Seafield on 26 April.
34	14/3/1705	Letters Cannon and others against Griersone and others.
35	14/3/1705	Letters the agent for the Kirk against James Gray, former minister at Muirkirk and Thomas Hall, former minister at St Madoe’s. The libel against them was carried and they were declared rebels. Signed by Seafield on 3 April.
36	After 18/3/1705	Printed answers for Andrew Johnston of Knockhill to the libel brought against him by Francis Bell. This had the word of James Currie, minister, with it.
37	18/3/1705	Testificate from the Kirk Session of Hoddam. This is very interesting and was a statement about the moral character of Francis Bell. He was known as ‘black francie’ and was of ill repute having been a bad neighbour and reportedly the number of beatings in Knockhill increased during his time there. He also refused to produce testimonials to the session recording his good behaviour when he was in Burnfoot before his residence at Knockhill. Signed by James Currie, minister.
38	after 18/3/1705	Double of the above printed answers for Andrew Johnston of Knockhill against Francis Bell and his wife Isabel.
39	after 18/3/1705	Handwritten answers for Andrew Johnston of Knockhill in answer to the libel brought against him by Francis Bell.
40	20/3/1705	Copy Latin commission for the Duke of Argyll to be high commissioner to parliament.
41	20/3/1705	Copy Latin commission to the Earl of Seafield to be Chancellor.
42	20/3/1705	Sederunt and minutes of council 20 March 1705 at the council chamber, called extraordinary. Sederunt: Marquis of Annandale (S), Earl of Crawford, Earl of Buchan, Earl of Loudoun, Earl of Ruglen, Earl of Roseberry, Earl of Hopetoun, Lord Advocate, Lord Treasurer Depute, Lord Justice Clerk, Lord Arniston, Lord Halcraig, Mr Francis Montgomery, Laird of Blackadder, Laird of Ormistoun younger, Lord Provost of Edinburgh. Commission for the Duke of Argyll to be high commissioner to parliament. Commission for Seafield to be Lord Chancellor. Commission for Annandale to be one of the principal secretaries of state. Captain Heughs came into the council to answer the questions posed to him and the charges of incompetence in searching vessels. The council were satisfied with his answers and ordered the troops to be sent to Holland from Leith and to prepare a letter to that end to be sent to the secretary of state. Recommendation to Ramsay to send the troops to Holland by 22 March.
43	20/3/1705	Recommendation to Ramsay to have the troops shipped by 22 March. Signed by Annandale.
44	20/3/1705	Committee for preparing a letter to the secretary of state to be laid before the queen regarding Captain Hews.
45		Sederunt and minutes of council 21 March 1705 at the council chamber, called extraordinary. Sederunt: Marquis of Annandale (S), Earl of Loudoun, Lord Advocate, Lord Justice Clerk, Lord Arniston, Mr Francis Montgomery, Laird of Blackadder, Laird of Ormistoun younger, Lord Provost of Edinburgh. In the absence of the lord chancellor and the president of the council, Annandale was elected praeses. Letter from the council to the earl of Roxburgh, secretary in waiting telling him of the abuse committed upon Scottish ships passing the Firth was to be transmitted by a flying packet. Captain Yeaman in Dundee to be paid for his involvement in the procurator fiscal of the admiralty’s case against Captain Green and his crew. Goodtrees and the justice clerk ordered to peruse the case of the sheriff depute of Nairn brought by Ashintullie against the two Rattrays.
46	21/3/1705	Recommendation to Goodtrees and the justice clerk ordered to peruse the case of the sheriff depute of Nairn brought by Ashintullie against the two Rattrays.²⁹ Signed by Annandale.
47	21/3/1705	Letter from the council to the secretary in waiting (Roxburgh) regarding Captain Heughs. Signed by Annandale.
48	21/3/1705	Captain Yeaman to receive £30 sterling. Signed by Annandale.
49	22/3/1705	Printed representation of Andrew Johnston of Knockhill.
50	22/3/1705	Instrument in favour of Andrew Johnston of Knockhill.
51	16/11/1704 but see 22/3/1705	‘Verdict of the Sworne Barleymen in Hoddom parish’
52	22/3/1705	Execution of letters in the case between Alexander Cannan, writer in Edinburgh, and others against Alexander Hamilton of Haggs.
53	22/3/1705	Instrument in favour of William Currie and other witnesses in the case between Francis Bell and Knockhill.
54	24/3/1705	Letter from Argyll to Seafield. He relayed that the queen desired to be sent the papers in the case against Captain Green and his crew before any decision was made against him. Read in council on 28 March.
55	26/3/1705	Affidavits for George Madder and Salathiel Rolph. They made an oath saying that they had seen the Worcester off the coast of Malabar in November 1702. They swore that they had no evidence or conjecture about the ship committing any robbery, piracy or murder and stated that if it had then they would have likely hear about it. This is an important piece of evidence which links the ship to Captain Hamilton but which suggests that the evidence against Green (in his ultimate punishment) was at the very least unreliable.
56	26/3/1705	Affidavits for Stephen Grendell and Henry Walter, both mariners. They arrived at Malabar in 1703. Mentions that the ship departed the region for England in early and during its time there they were with the factors of English ships and companies there as well as with natives and at no point did they hear of any robbery, piracy or murder committed by it or any of its crew.
57	26/3/1705	Copy of the Marquis of Annandale’s (Latin) commission to be commissioner to the General Assembly.
58	27/3/1705	Execution of letters in the case between John Blair and Mr James Gray and Mr Thomas Hall.
59	28/3/1705 (am)	Sederunt and minutes of council 28 March at the council chamber, called extraordinary. Sederunt: Lord Chancellor, Marquis of Tweeddale (PC), Earl of Rothes (PS), Marquis of Montrose, Earl of Roxburgh, Earl of Sutherland, Earl of Buchan, Earl of Lauderdale, Earl of Forfar, Earl of Dunmore, Earl of Roseberry, Lord Yester, Lord Advocate, Lord Treasurer Depute, Lord Arniston, Lord Phesdo, Mr Francis Montgomery, Lord Provost of Edinburgh. Oath of allegiance and assurance administered in the presence of the lord advocate by Seafield (new chancellor) and Goodtrees also tendered the oath de fideli. Roxburgh qualified himself as a councillor. Commission for Tweeddale to be PC President. Commission for Annandale to serve as commissioner to the GA. Oaths sworn and signed by the keeper of the great seal, Sir Alexander Ogilvie of Forglen. Letter from Captain Campbell of the ship the Dumbarton Castle. He was to give a full account of the ship which he had captured and which was now at Port Glasgow and to provide documents. Recommendation to the earl of Forfar to call for the Regents of the College and Captain Stewart of Torrance to see the differences in their ‘pretensions’. Committee named to prepare a letter and representation to the queen concerning the proceedings against Captain Green. They were to meet that afternoon at 4pm. PC adjourned until that evening at 5pm.
60	28/3/1705	Letter from the council to the queen regarding the process against Captain Green and his crew.
61	28/3/1705	Committee named to prepare a letter and representation to the queen regarding the proceedings against Captain Green this same afternoon. Signed by Seafield.
62	28/3/1705	Goodtrees and Forfar to enquire with the regents of the college of Edinburgh and Captain Stewart of Torrance what the differences and pretentions were between the Captain and someone named Fullarton. Signed by Seafield.
63	28/3/1705	Minutes of council regarding the ship seized by Captain Campbell and lying at Port Glasgow.
64	28/3/1705 (pm)	Sederunt and minutes of council 28 March (pm) at the council chamber. Sederunt: Lord Chancellor, Marquis of Tweeddale (PC), Earl of Rothes (PS), Marquis of Montrose, Earl of Roxburgh (S), Earl of Buchan, Earl of Lauderdale, Earl of Forfar, Earl of Roseberry, Lord Yester, Lord Advocate, Lord Treasurer Depute, Lord Arniston, Lord Anstruther, Lord Phesdo, Mr Francis Montgomery, Lord Provost of Edinburgh. Petition from Thomas Linstead of the Worcester crew and he was reprieved until 15 May. George Haynes of the Worcester crew reprieved until 15 May. Letter from the queen regarding Captain Green. Read, voted, approved and ordered to be recorded and transmitted to the queen by flying packet.
65	28/3/1705	Reprieve for George Haynes.
66	28/3/1705	Petition from Thomas Linstead and the PC decision granting him a reprieve.
67	29/3/1705	Execution of letters Goodtrees against Mr William Rattray.
68	31/3/1705	Copies of the affidavits of Israel Phippany and Peter Freeland who had recently returned from the East Indies having been on board the Reaper Gally. They had sailed in India on the ship named the Speedy Return belonging to the Company of Scotland which was commanded by Captain Robert Drummond and which sailed from Port Glasgow in May 1701. The ship had sailed around the Cape of Good Hope and landed at Madagascar where it had taken on Black enslaved people. They had been bound for Don Mascarinos. Drummond had reportedly gone ashore somewhere in Madagascar and around 10 hours later several people appeared who were pirates and came on board the Speedy Return taking advantage of the captain and taking possession of the ship. They gave a signal after which c. 40-50 pirates came on board the ship. Some of the crew managed to make their escape and came across the Reapers Gally which then sailed for Portsmouth. They testified that after this none of the crew were attacked or murdered and that the Worcester had never committed any form of violence or anything against the ship or its crew.
3-26 April 1705 [59 items]
1	3/4/1705	Sederunt and minutes of council Tuesday 3 April 1705 at the council chamber. Sederunt: Lord Chancellor, Marquis of Tweeddale (PC), Earl of Rothes (PS), Marquis of Montrose, Earl of Roxburgh, Earl of Mar, Earl of Buchan, Earl of Glencairn, Earl of Haddington, Earl of Loudoun, Earl of Forfar, Earl of Dunmore, Earl of Ruglen, Earl of Hyndford, Earl of Roseberry, Lord Belhaven, Lord Advocate, Lord Treasurer Depute, Lord Arniston, Lord Phesdo, Lt Gen Ramsay, Mr Francis Montgomery, Laird of Blackadder, Laird of Ormistoun younger, Lord Provost of Edinburgh. Letter from the queen for granting a reprieve to Captain Green and his crew. Reprieve granted to Captain Thomas Green and Captain John Madder plus two others. Reprieve granted to George Buckley Petition from John McKerrell, merchant in Glasgow, remitted to the lords of the treasury. Letter from Roxburgh to the PC regarding the Duke of Gordon, who was to be written to by the chancellor regarding the letter. Additional personnel on the committee for priests and trafficking ‘papists’, plus the committee was to meet the following day. Committee anent the magistrates of Pittenweem to meet later that day at 5pm. Process Johnston delayed until the first council day of June. Libel at the instance of John Blair against Mr James Gray and Mr Thomas Hall. They were declared rebels and put to the horn. Petition from Dr Adam Friar (medical doctor) and John Knox surgeon in Edinburgh recommended to the treasury to be paid from the cargo of the Worcester. Petition Jean Simpson recommended to the treasury for her to be paid out of the cargo of the Worcester. Robert Forbes and Gilbert Elliot, conjunct clerks of PC, recommended to the treasury to be paid out of the Worcester cargo. Macers of PC recommended to treasury to be paid out of the Worcester cargo. Letter from the council to the queen answering hers to the PC. Read, voted and approved and ordered to be transmitted by flying packet. Warrant for the keys to the warehouse to be delivered to the clerk of the admiralty. Adjourned until 26 April at 10am.
2	3/4/1705	Letter from the council to the queen regarding Captain Green.
3	3/4/1705	Recommendation to the treasury in favour of the two clerks of the council. Signed by Seafield.
4	3/4/1705	Additions to the committee anent priests.
5	3/4/1705	Recommendation to the treasury in favour of the macers of the council.
6	3/4/1705	Petition of Jean Simpson. Signed by Seafield.
7	3/4/1705	Petition of Dr Adam Friar and John Knox. Signed by Seafield.
8	3/4/1705	Warrant for delivering the keys of the warehouse at Leith to the clerk of the court of admiralty. Signed by Seafield.
9	3/4/1705	Recommendation to the Lord Chancellor to write to the Duke of Gordon. Signed by Seafield.
10	3/4/1705	Letter from Roxburgh to Tweeddale regarding Fort William
11	3/4/1705	Petition of John McKerrell, merchant burgess in Glasgow. PC decision remitting the case to the treasury on 3 April and signed by Seafield overleaf.
12	3/4/1705	Reprieve to John Bucklie until 15 May.
13	3/4/1705	Reprieve to Captain Green, Captain John Madder, Simpson and Keigle until 15 May.
14	3/4/1705	Recommendation to the committee regarding the murder at Pittenweem to meet.
15	5/4/1705	Affidavits of John Ockley and Thomas Whitehead.
16	6/4/1705	Affidavit for Kenneth Cowan.
17	7/4/1705	Declaration and affidavit of Mr Francis Morrogh regarding the cargo of the ship the Resolution from India.
18	7/4/1705	‘a Certificate from the Secretary to the English East India Company of London’
19	7/4/1705	Mr George Haines’ (one of the elders of the warehouse of the East India Company in London) affidavit.
20	7/4/1705	Affidavit of John Rogers who had sailed on the Alexander Gally.
21	17/4/1705	Certificate from the secretary of the East India Company, including an account of all their ships employed by the company which were dispatched from the East Indies and arrived between 1703 and 1705.
22	10/4/1705	Interlocutor upon Captain Green’s petition.
23	undated but see 7/4/1705	‘Answers to the Severall Depositions of the Witnesses against Thomas Green Captain of Worcester’ including: ‘Answer to the Depositions of Antonyo Ferdinando an Indian Black’.
24	10/4/1705	Warrant banishing Barbara Tannahill who was at that time imprisoned in the tolbooth of Edinburgh for incest. Her sentence of death had been commuted to banishment.
25	10/4/1705	Petition of Barbara Tannahill.
26	10/4/1705	Execution of letters of lawburrows raised at the instance of Andrew Johnstone of Knockhill against Francis Bell.
27	10/4/1705	Petition for Captain Thomas Green and his crew, asking for clemency, mercy and a further reprieve.
28	10/4/1705	Sederunt and minutes of council 10 April 1705 at the council chamber, called extraordinary. Sederunt: Lord Chancellor, Marquis of Lothian, Earl of Sutherland, Earl of Buchan, Earl of Lauderdale, Earl of Loudoun, Earl of Balcarres, Earl of Forfar, Earl of Roseberry, Lord Advocate, Lord Treasurer Depute, Lt General Ramsay, Mr Francis Montgomery, Lord Provost of Edinburgh. Letter from the queen regarding Captain Green. Ordered to be recorded and a warrant was extended to that end. Commutation of Barbara Tannahill’s sentence of death to banishment.
29	11/4/1705	Sederunt and minutes of council 11 April 1705 at the council chamber, called extraordinary. Sederunt: Lord Chancellor, Earl of Sutherland, Earl of Buchan, Earl of Loudoun, Earl of Balcarres, Earl of Roseberry, Lord Advocate, Lord Treasurer Depute, Lt Gen Ramsay, Mr Francis Montgomery, Lord Provost of Edinburgh. Letter from the queen regarding the Worcester crew read and recorded. Reprieve granted to the Worcester crew.
30	11/4/1705	Reprieve granted to members of the Worcester crew until 18 or 19 April, according to the queen’s wishes.
31	12/4/1705	Representation from William Grant to Seafield and the council regarding a fracas that had recently ignited between some of his soldiers and some Strathdon men.
32	17/4/1705	Sederunt and minutes of council 17 April at the council chamber, called extraordinary. Sederunt: Lord Chancellor, Marquis of Tweeddale (PC), Earl of Rothes (PS), Marquis of Lothian, Earl of Roxburgh (S), Earl of Sutherland, Earl of Mar, Earl of Buchan, Earl of Haddington, Earl of Loudoun, Earl of Forfar, Earl of Dunmore, Earl of Roseberry, Lord Advocate, Lord Treasurer Depute, Lord Justice Clerk, Lord Arniston, Lord Phesdo, Mr Francis Montgomery, Lord Provost of Edinburgh. The magistrates of Edinburgh were to continue their diligence and make further enquiries and investigations into the rabble which set itself upon the Lord Chancellor’s coach on 11 April. Goodtrees recommended to raise a libel against those people who were accessories to the rabble as received from a list by the magistrates of Edinburgh. The judges in the court of admiralty were ordered to pay the aliment to Captain Green’s crew which was formerly appointed to them by the council. Committee named to interrogate Samuel Wilcocks. Reprieve to Henry Keigle and three other members of the Worcester crew until 27 April. Reprieve to James Burne and three other members of the Worcester crew until 4 May. ‘Proclamatione against Tumults Mobs & rables’ read, voted, approved and ordered to be published and printed.
33	17/4/1705	Order to the judges of the admiralty court to pay the aliment formerly appointed to Captain Green and his crew. Signed by Seafield.
34	17/4/1705	Recommendation to the lord advocate to pursue the rabblers.
35	17/4/1705	Committee to call for and examine Samuel Wilcocks, one of the crew of the now deceased Captain Green. Signed by Seafield.
36	17/4/1705	Warrant to the magistrates of Edinburgh to secure the rabblers. Signed by Seafield.
37	17/4/1705	Reprieve to James Burne and other members of the Worcester crew until 4 May.
38	17/4/1705	Reprieve to Henry Keigle and other members of the Worcester crew until 27 April.
39	17/4/1705	Certificate of Mr James Innes’s arrival in Rotterdame.
40	18/4/1705	Sederunt and minutes of council 18 April 1705 at the council chamber, called extraordinary. Sederunt: Lord Chancellor, Marquis of Tweeddale (PC), Earl of Rothes (PS), Earl of Roxburgh (S), Earl of Sutherland, Earl of Mar, Earl of Haddington, Earl of Loudoun, Lord Advocate, Lord Treasurer Depute, Lord Justice Clerk, Lord Phesdo, Mr Francis Montgomery, Lord Provost of Edinburgh. Major General Maitland to continue in possession of fuel and other conveniences at the garrison of Fort William and to defend himself against any incursion on it. Recommendation to the treasury to aliment a false coiner named Clark during the time of his imprisonment. Letter from the queen adjourning parliament until 24 May. Ordered to be published and printed.
41	18/4/1705	Recommendation to the treasury for providing aliment to Gabriel Clerk and other false coiners held in the tolbooth of Edinburgh. Signed by Seafield.
42	18/4/1705	Warrant for the fuel to the garrison of Fort William kept at Invergarry. Signed by Seafield.
43	1/5/1705	Letters the lord advocate against the rabblers in Edinburgh. Libel admitted to probation and a committee named to hear the process (signed by Seafield).
44	25/4/1705	List of parties and witnesses in the libel brought by the lord advocate against the rabblers in Edinburgh.
45	26/4/1705	Copy Latin commission for Philiphaugh to be lord clerk register.
46		Sederunt and minutes of council 26 April at the Palace of Holyroodhouse. Sederunt: HM High Commissioner, Lord Chancellor, Marquis of Tweeddale (PC), Marquis of Annandale (S), Marquis of Lothian, Earl of Roxburgh (S), Earl of Sutherland, Earl of Mar, Earl of Buchan, Earl of Haddington, Earl of Loudoun, Earl of Leven, Earl of Balcarres, Earl of Forfar, Earl of Roseberry Earl of Glasgow, Lord Archibald Campbell, Lord Ross, Lord President of Session, Lord Register, Lord Advocate, Lord Treasurer Depute, Lord Justice Clerk, Lord Phesdo, Lt Gen Ramsay, Mr Francis Montgomery. Letter from the queen adding the earl of Glasgow to the PC. Letter from the queen adding Lord Archibald Campbell (brother of the Duke of Argyll) to the PC. Commission for Philiphaugh (one of the senators of the College of Justice) to be clerk register. Letter from the queen adding Philiphaugh to the council. Goodtrees suggested that the records and papers of the office of Register should be transmitted from the possession of James Johnstone to Philiphaugh. Letter to the Chancellor from Captain William Grant, commander of the independent companies giving account of his men’s opposition with some Strathdon men. The PC was acquainted with a rabble which had erupted in Roxburgh and appointed Archibald Douglas of Cavers to enquire into it since he was the sheriff principal of that shire. Libel at the instance of John Blair against Mr William Rattray. The pursuer compeered but the defender did not, and the libel was carried against him. Petition from the remnant crew of the Worcester and four of them were granted a reprieve until 6 June and the other 4 until 13 June. Reprieve for John Brockley to 20 June. Protection granted to Dr May. Committee named to call for an examine George Haynes to see whether he was offered money or gold. They were to meet the following morning in the committee room at 10 am. Petition William Durham and a committee named to ensure he departed from the kingdom under the pain of death. PC appointed the sheriff principal of the sheriffdom of Perth and his deputies to deliver the keys of Caputh to the presbytery and to the kirk of Logiebride to Mr William Walker, current minister of the united parishes of Auchtergaven and Logiebride. PC appointed the judges in the admiralty court to make payment of 6s per day in aliment to the members of the Worcester crew.
47	25, 28, 30/4/1705	Execution of letters in the case of the lord advocate against rabblers in Edinburgh.
48	26/4/1705	Committee named to examine Geogre Haines and Charles May, members of the Worcester crew. Signed by Seafield.
49	26/4/1705	Recommendation to the Earl of Mar to take trial of the ‘slaughter Committed upon Captain Grants man’. Signed by Seafield.
50	26/4/1705	Warrant to the sheriff of Roxburgh to take trial of a rabble committed against Lieutenant Turnbull. Signed by Seafield.
51	26/4/1705	Reprieve granted to George Glen, Alexander Taylor, Samuel Wilcocks, and John Ballantyne (members of the Worceseter crew) from 4 May until 13 June.
52	undated but see 26/4/1705	Petition for Henry Keigle and other members of the Worcester crew asking for a further reprieve of the sentence against them considering their ‘deplorable Condition’.
53	26/4/1705	Reprieve granted to Bruckley (one of the Worcester crew) of his sentence of death until 20 June.
54	26/4/1705	Protection in favour of Charles Mary, surgeon on the Worcester. He was to appear before the committee so any caution or other diligence against him was stopped due to the potential for personal harm to come his way.
55	26/4/1705	Warrant appointing the keys of the kirk of Caputh to be delivered to the present minister. Signed by Seafield.
56	26/4/1705	Warrant for providing aliment to the Worcester crew. Signed by Seafield.
57	26/4/1705	Note of business 26 April.³⁰ Libel the agent of the Kirk against Mr William Rattray. Petition William Durham. Petition Oliver Sinclair. Petition Henry Keigle and other members of the Worcester crew.
58	26/4/1705	‘Committee for takeing the oaths of the Register deput and Keepers of the Laigh parliament house anent the Records’. Signed by Seafield.
59	26/4/1705	Reprieve granted to Hery Keigle, James Burne, Andrew Robertsone and George Kitching (members of the Worcester crew) until 6 June.
1-30 May 1705 [53 items]
1	1/5/1705	Sederunt and minutes of council 1 May at the Palace of Holyroodhouse. Sederunt: HM High Commissioner, Lord Chancellor, Earl of Rothes (PS), Marquis of Annandale (S), Earl of Roxburgh (S), Earl of Loudoun, Earl of Leven, Earl of Balcarres, Earl of Forfar, Earl of Glasgow, Lord Archibald Campbell, Lord Belhaven, Lord President of Session, Lord Register, Lord Advocate, Lord Treasurer Depute, Lord Justice Clerk, Mr Francis Montgomery, Lord Provost of Edinburgh. Letter from the queen regarding the admiralty of the islands of Orkney and Shetland and a committee appointed to agree parties and report back. Petition of James Burne and other members of the Worcester crew. Some money was due to be paid to them by the admiralty in aliment. Petition of Bettie Lang. The petitioner was given the protection of the government and the magistrates of Pittenweem were to defend her against any tumults. Committee named to enquire into the murder at Pittenweem of Janet Cornfoot. Petition of William Durhame and a committee named to deal with it. Recommendation to the committee investigating George Haynes and Dr May to meet. Commission for Leven to be master of the ordinance. Petition from Oliver Sinclair and Roderick McKenzie to make payment to him in aliment. Recommendation to Goodtrees to pursue Maxwell of Kirkconnell as a ‘trafiquing papist’. Libel at the instance of Goodtrees against James Knox and other rabblers put to probation and a committee was named to examine witnesses.
2	undated but see 1/5/1705	Supplication of members of the Worcester crew.
3	1/5/1705	Recommendation to the lord advocate to prosecute Maxwell of Kirkconnell as a trafficking ‘papist’. Signed by Seafield.
4	1/5/1705	Petition of James Burne and other members of the Worcester crew.
5	1/5/1705	Petition for William Durham.
6	1/5/1705	Warrant for passing the earl of Leven’s commission to be master of the ordinance. Signed by Seafield.
7	1/5/1705	Recommendation for the Worcester committee to meet. Signed by Seafield.
8	1/5/1705	Petition of Oliver Sinclair, sutler in Edinburgh Castle.
9	1/5/1705	Warrant for Roderick McKenzie to pay Oliver Sinclair for the money he had spent in alimenting the Worcester crew. Signed by Seafield.
10	1/5/1705	Oath of Alexander Gibson of Durie and the servants of the registers in parliament house for delivering the records to Philiphaugh.
11	1/5/1705	Supplication of Bettie Laing who was married to William Broun, tailor and former treasurer of the burgh of Pittenweem. PC decision signed by Seafield overleaf.
12	3/5/1705	Committee depositions of witnesses in the case of the lord advocate against the rabblers.
13	5/5/1705	Sederunt and minutes of council 5 May 1705 at the Palace of Holyroodhouse, called extraordinary. Sederunt: HM High Commissioner, Lord Chancellor, Earl of Loudoun, Earl of Leven, Earl of Forfar, Earl of Ruglen, Earl of Glasgow, Lord Archibald Campbell, Lord President of Session, Lord Treasurer Depute. Warrant for interring the Lady Sutherland in the abbey church.
14	5/5/1705	Warrant for interring Lady Sutherland in the abbey of Holyroodhouse. Signed by Seafield.
15	5/5/1705	Deposition of the former Lord Clerk Register (James Johnstone) about the public records at Whitehall.
16	8/5/1705	Sederunt and minutes of council 8 May at the Palace of Holyroodhouse. Sederunt: HM High Commissioner, Lord Chancellor, Marquis of Tweeddale (PC), Earl of Crawford, Earl of Loudoun, Earl of Leven, Earl of Roseberry, Earl of Glasgow, Lord Yester, Lord Archibald Campbell, Lord President of Session, Lord Treasurer Depute, Lord Justice Clerk, Lt Gen Ramsay, Lord Provost of Edinburgh. PC advised on the process between the lord advocate and the rabblers at Edinburgh. Libel found relevant and proven with the defenders found guilty. A committee was named to examine witnesses. Remissions to be delivered to George Haines and Thomas Linsteed. Petition of Alexander Hegens and he was to be paid by the treasury.
17	undated but see 8/5/1705	‘Accompt of Disbursments due to Mr Alexander Heggins in the criminall proces at his instance against Captain Thomas Green & his Crew’. This totalled over £239 Scots.
18	8 – 10/5/1705	Execution of letters Alexander Cannan, writer in Edinburgh against Sir Robert Griersone of Lagg and others.
19	8/5/1705	Petition for Alexander Heggins. PC decision paying him the above amount of money signed by Seafield.
20	8/5/1705	Interlocutor in the case against the rabblers and finding the libel proven. Signed by Seafield.
21	9/5/1705	Testimony of Israel Phipanny who stated that Captain Thomas Drummond had died at Madagascar and that after his death the ship he commanded and that commanded by Captain Robert Drummond were set upon by Madagascan pirates. Also here is the testimony of Peter Freeland, Philip Brown and John Nelly.
22	9/5/1705	Deposition of Edward Campbell, shoemaker in Calton, regarding the rabble
23	10/5/1705	Warrant for a rabbler named William Coventry to be taken to the Netherlands as a recruit. Signed by Seafield.
24	10/5/1705	Exoneration to James Johnstone, former lord clerk register. Signed by Seafield.
25	10/5/1705	Warrant for setting David Oliphant and William Halliday at liberty from the tolbooth of Edinburgh. Signed by Seafield.
26	10/5/1705 but see also 22/11/1705	Extract of the presbytery’s act of 10 May 1705 produced for the earl of Home. This was for money to be uplifted for a church to be built in the parish of Coldstream.
27		Agreement between the sheriff depute of Ross and the Presbytery of Ross. Two bonds from 29 January 1704 were produced and the parties agreed (signed Goodtrees). This regarded a rabble in Dingwall.
28	undated but see 10/5/1705	Printed petition of Mr Walter Denoon, minister and sometime moderator of the Synod of Ross and Sutherland with the concourse of the agent for the Kirk and the lord advocate.
29	12/5/1705	Sederunt and minutes of council 12 May 1705 at the Palace of Holyroodhouse, called extraordinary. Sederunt: Lord Chancellor, Earl of Roxburgh (S), Earl of Sutherland, Earl of Buchan, Earl of Loudoun, Earl of Leven, Earl of Glasgow, Lord Archibald Campbell, Mr Francis Montgomery, Lord Provost of Edinburgh. Warrant for interring the Countess of Findlater in the abbey church.
30	12/5/1705	Warrant for interring the Countess of Findlater in the abbey church.
31	15/5/1705	Recommendation to the lord advocate for reducing Haynes’s confession to writing. Signed by Seafield.
32	15/5/1705	Warrant to Leven and the Edinburgh provost to set Haynes and Linsteed at liberty. Signed by Seafield.
33	15/5/1705	Recommendation to the treasury in favour of James Pringle, lieutenant of the town guard of Edinburgh for payment of 500 merks. Signed by Seafield.
34	15/5/1705	The testimony of Israel Phippany and others having been read at the board, the lord advocate was ordered to prepare a commission for taking oaths and testimony of Phippany and others in relation to Captain Drummond. Signed by Seafield.
35	15/5/1705	Recommendation to the treasury in favour of Captain Richardson to be paid a reward of £200 Scots for apprehending rioters and stopping the rabble. Signed by Seafield.
36	15/5/1705	Sederunt and minutes of council 15 May 1705 at Holyroodhouse. Sederunt: HM High Commissioner, Lord Chancellor, Earl of Rothes (PS), Earl of Mar, Earl of Buchan, Earl of Loudoun, Earl of Leven, Earl of Roseberry, Earl of Glasgow, Lord Archibald Campbell, Lord Treasurer Depute, Mr Francis Montgomery, Lord Provost of Edinburgh. Letter from the queen adjourning parliament until 14 June. Goodtrees to make the testimony of Haynes into writing. Leven to release Haynes and Linsteed from the castle. The chancellor produced to the board the testimony of Israel Phippany. Recommendation in favour of Captain Richardson, captain of the Edinburgh town guard. Recommendation to the treasury in favour of Ensign Pringle. Petition from Lady Breadisholme younger to be seen and answered the next council day.
37	15/5/1705	Testimony of James Drummond physician and John Bailie surgeon that John Livingston was unfit to travel anywhere or fulfil orders since he had ulcers on his kidneys and was incapacitated.
38	15/5/1705	Petition of Lady Breadisholme younger.
39		Sederunt and minutes of council Wednesday 30 May 1705 at Holyroodhouse. Sederunt: HM High Commissioner, Lord Chancellor, Marquis of Annandale (PC), Earl of Crawford, Earl of Leven, Earl of Stair, Earl of Roseberry, Earl of Glasgow, Earl of Hopetoun, Lord Archibald Campbell, Lord Register, Lord Justice Clerk, Lord Anstruther, Mr Francis Montgomery, Laird of Ormistoun younger, Lord Provost of Edinburgh. The earl of Stair qualified himself as a privy councillor. HM high commissioner produced a letter directed to him from Captain Mathew Campbell, commander of the ship the Dumbarton Castle regarding a captured ship and prisoners. This was to be transmitted to the queen to enquire whether the prisoners should be sent to England or even back to France, from whence they came. Recommendation to the treasury to continue the ‘Cruize’ of the ships Royal Mary and Dumbarton Castle until 10 July. Petition from the Worcester crew. They were granted a reprieve. Reprieve granted to Bruckley. Bill of suspension at the instance of bailie Stewart in Elgin against John Chalmers, procurator fiscal in Elgin. Petition of Captain John Livingston, former captain of a regiment of foot and testimonials from two doctors. His departure from the kingdom was delayed until 11 November. Petition from William Durham and his time of banishment was delayed until 20 July. Worcester committee to meet the following day. Petition of Thomas Hammond and other owners and freighters of the Worcester in London. To be seen and answered by the Company of Scotland the next council day. Recommendation to the lord advocate to raise libels against people who had been in France and had returned to Scotland since the queen’s indemnity. Committee regarding Archibald Turpie and other slaves to meet the following day at 5pm in Goodtrees’ lodging.
40	30/5/1705	Recommendation to Goodtrees to prosecute people who had been in France since the indemnity. Signed by Seafield.
41	30/5/1705	Warrant to the magistrates of Glasgow to imprison and aliment the crew of the ship captured by Captain Campbell. Signed by Seafield.
42	30/5/1705	Warrant to Captain Campbell to transport the crew of the seized privateer to Glasgow. Signed by Seafield.
43	30/5/1705	Warrant to the treasury to continue the cruise of the two frigates. Signed by Seafield.
44	30/5/1705	Petition of Captain John Livingston.
45	30/5/1705	Petition for William Durham.
46	30/5/1705	Reprieve granted to Henry Keigle and other members of the Worcester crew to 1 August. Signed by all present councillors.
47	30/5/1705	Committee named and ordered to meet to inspect a box containing some of Captain Green’s papers. Signed by Seafield.
48	30/5/1705	Recommendation for the committee regarding Turpie and other slaves to meet the following day in Goodtrees’s lodging. Signed by Seafield.
49	30/5/1705	Petition for Thomas Hammond and company (owners and freighters of the Worcester in London).
50	30/5/1705	Reprieve granted to George Glen, Samuel Wilcocks, Alexander Taylor, and John Ballantyne of the Worcester crew until 8 August. Signed by all present councillors.
51	30/5/1705	Reprieve granted to John Brucklie until 15 August. Signed by all present councillors.
52	30/5/1705	Recommendation to the high commissioner to write to the queen regarding the French privateer captured by Captain Campbell. Signed by Seafield.
53	12/6/1705	Instrument the lady Breadisholme younger against the laird of Breadisholme elder.
1705 [1 item]
1	undated	Memorandum for a libel of treason against the earl of Perth. With the concourse of the privy council this memorandum was for the lords of justiciary to raise a process of high treason against the earl of Perth and his wife, Dame Mary Gordon. This was because they had for many years lived in France and corresponded with the French king and his subjects who were declared enemies of the queen. It also mentioned an assize by the court of justiciary which had confirmed the crime of treason under pain of death and escheat of all goods. There is also a note on the reverse of this document about payment for wool in addition to some numbers recorded, though it is unclear what they relate to.
Royal letters 1705 [15 items]
1	3/4/1705	Considering an application by the owners of the ship the Worcester the queen asked for a full account of the whole matter and the evidence in the case against the crew. It mentions a letter from 27 March asking for the sentence against them to be prorogued and a letter from the 24^th to the Chancellor. The queen relayed her desire for compassion to the crew and to come to a cordial conclusion. Sent from St James’s and signed by Alexander Wedderburn. Read in PC on 10 April.
2	7/4/1705	Parliament adjourned from 3 May until 24 May and a proclamation to be emitted to that end. Sent from St James’s and signed by Alexander Wedderburn. Read in PC on 18 April.
3	27/3/1705	Orders a full representation of the trial and indictment of Captain Green before his execution in addition to a reprieve of the sentence passed in the court of Admiralty. This reprieve was to be extended as and when necessary ‘after a full Consideration of their Case’. Sent from St James’s and signed by Alexander Wedderburn. Read in PC on 3 April.
4	6/3/1705	Adjournment of parliament from 27 March until 3 May and a proclamation was to be prepared accordingly. Sent from St James’s and signed by Seafield. Read in PC on 13 March.
5	7/4/1705	Mentions a letter sent by the Duke of Argyll and recommends ‘a stop to the Execution of any Sentence pronounced against Captain Thomas Green and his Crew until we had Considered their Tryall’. This, the letter claims, was not to override the council’s decision but to placate ‘their friends here’. It also noted that Captain Drummond who was alleged to have been murdered by Green and/or his crew was, in fact, alive and that he and his crew had arrived back. Sent from St James’s and signed by Alexander Wedderburn. Read in PC on 11 April.
6	3/12/1705	Parliament adjourned from 20 December until 26 February and a proclamation was to be prepared accordingly. Sent from St James’s and signed by Mar. Read in PC on 7 December.
7	15/1/1705	Parliament adjourned from 1 February until 27 March and a proclamation to be prepared to that end. Sent from St James’s and signed by Seafield. Read in PC on 23 January.
8	7/4/1705	John Maxwell of Pollock, senator of the College of Justice, added to the privy council. Sent from St James’s and signed by Alexander Wedderburn. Read in PC on 6 June.
9	7/4/1705	Sir James Murray of Philiphaugh, clerk register, added to the PC. Sent from St James’s and signed by Alexander Wedderburn. Read in PC on 26 April.
10	7/4/1705	David earl of Glasgow added to the PC. Sent from St James’s and signed by Alexander Wedderburn. Read in PC on 26 April.
11	18/6/1705	James Duke of Queensberry added to the PC. Sent from Windsor Castle and signed by David Nairne. Read in PC on 24 July.
12	7/4/1705	Lord Archibald Campbell, brother of the Duke of Argyll, added to the PC. Sent from St James’s and signed by Alexander Wedderburn. Read in PC on 26 April.
13	10/5/1705	Parliament adjourned from 24 May until 14 June and a proclamation was to be prepared and emitted accordingly. Sent from Kensington and signed by David Nairne. Read in PC on 15 May.
14	2/6/1705	Parliament adjourned from 14 June until 28 June and a proclamation was to be published accordingly. Sent from St James’s and signed by David Nairne. Read in PC on 6 June.
15	5/6/1705	Removal of several people from the privy council and ministerial posts. Tweeddale removed as president of the council, Rothes removed as keeper of the privy seal, Roxburgh from being one of the principal secretaries of state, Baillie of Jerviswood from being Lord Treasurer Depute, plus Belhaven and Selkirk from being commissioners of the treasury and members of the council and exchequer. All of the above were also removed from their positions on the council and exchequer in addition to their ministerial posts. Sent from Kensington and signed by David Nairne. Read in PC on 12 June.

1. See NRS, PC1/53, pp. 295-99 for this commission in full.

2. None of the items on the following list have been scored out.

3. An interesting petition which cites elements of the so-called habeas corpus act (against wrongful imprisonment and undue delays in trials) of 1701.

4. This is also a very interesting case, especially since Grieve had been carried across the border. He claimed in the petition to have relevant documents from English JPs which might help prove his innocence, good behaviour, and be due evidence for his release.

5. Before this document in the bundle was a handwritten pencil note inserted which reads: ‘12 DEC 1704 SPALDING RATTRAY’.

6. All of the items listed below have been scored out in the MS.

7. Only the final item in this list has been scored out in the MS.

8. An interesting example of the secrecy of business in the Privy Council.

9. This report of committee proceedings consists of 7 pages of notes from six different days. Interestingly, this demonstrates the itinerant nature of some committee proceedings.

10. Appears to be after 25 January since it mentions a council decision on 25 January ‘last’, which surely means 1705.

11. On the reverse of this document and below the rubric, it states that it is ‘Not to be booked’.

12. None of the items on this list have been crossed out.

13. This has some very minor marginal notes on it.

14. Neither of the items listed below have been crossed out.

15. None of the items isted below have been scored out.

16. Only the penultimate entry in the list below has been scored out.

17. All items except the second and third on the list below have been scored out in the MS.

18. Only the final two entries on the list below have been scored out.

19. Only the third item on the list below has been scored out.

20. All but the first and fifth items in the list below have been scored out.

21. This entry has been crossed out in the MS.

22. All of the items listed here have been crossed out.

23. The MS is damaged on one side, obscuring a few words.

24. Appended to this with a pin is a handwritten ‘Further Representation’ from Donaldson.

25. Both the items below have been scored out.

26. Interesting for procedure of and positions within the council. The Chancellor took precedence in the PC over the actual president of the council, making the latter seem like more of a symbolic role.

27. Glabraith’s name and profession have been added in ink.

28. All of the items listed below have been scored out.

29. A note in pencil at the bottom of this reads: ‘Ex PC12/1704-5/Box 8′.

30. None of the items listed below have been scored out.

NRS, PC12/17 1704 (box 6) – Inventories of Miscellaneous Boxes

Posted on May 9, 2024 by Philip Ward

NRS, PC12/17 1704 (box 6) – Inventories of Miscellaneous Boxes

MISC. ITEMS [11^th – 25^th JANUARY 1704] 34 Items
1	24 July 1705	Sederunt & minutes of council – At the palace of Holyrood House Summary of minutes + separate associated folios
	i	Commission to James Duke of Queensbury to be Lord privy seal.
	ii	Reprieve in favour of 4 of Capt. Green’s crew
	iii	James Donaldson’s petition considered in council
	iv	Representation of the Earl of Leven
2	11 January 1704	Sederunt & minutes of council – At the Council Chamber, Edinburgh Summary of minutes + separate associated folios
	i	Approval of the report of the committee appointed anent the Highland Chieftains
	ii	Petitions by the Countess of Sutherland & Visc. of Arbuthnot
	iii	Agent for the kirk appointed to read the process raised by him against James Strauchan & Master Henderson before the council Associated folio: Warrant to the agent for the kirk
	iv	Lord Advocate to give orders concerning a ship lately left from Borrowstounness now lying in Dundee Associated folios: Bond of John Moor, skipper in Borrowstounness secured by the magistrate of Montrose, gives bond/caution to appear before the privy council on 2nd February, or any other appointed time & place, under penalty of 50 pounds sterling. Recommendation to the Lord Advocate to give orders for livering [unloading] Stevenson’s ship in Dundee.
3	13 January 1704	Depositions given to the committee for examining the witnesses in the precognition – Murdoch Mcloure younger of Lochbuie against the relict & nearest kin of [omitted] Foster or Forrester of Kilsyth.¹
4	13 January 1704	Roll of parties & witnesses in the Lochbuie against Foster or Forrester process
5	14 January 1704	Sederunt & minutes of Council – At the council chamber. Council called extraordinary.
	i	Considerations of a representation by the Lord Advocate concerning the lists of Highland chiefs & landlords.
6	17 January 1704	Sederunt & minutes of Council – At the council chamber. Summary of minutes + separate associated folios
	i	Representation from the Lord Advocate concerning lists of ships from Holland. Associated folio: 1. Recommendation to the Treasury ancient discovering ships.
	ii	Representation from the Earl of Glasgow Associated folio: Recommendation to the Lord Advocate to adjust matters between Patrick Ogilvie & Robert Williamson, master of the ship Atlas
	iii	Lord Justice Clerk presented to the Board a letter from the Earl of Nottingham. Letter remitted to the Treasury for consideration. Associated folio: Handwritten note detailing a letter has been received. Original letter from the Earl of Nottingham – dated: Whitehall 8th January 1704 & read in council 17^th January 1704. [on reverse: ‘This was directed to E. of Cromarty’
	iv	Lord Advocate represented to the board he had received several letters concerning ‘turbulent’ people in Nithsdale, who gathered on the pretence of searching for priests and Jesuits. Associated folio: 1. Written note of the same – Committee for suppressing tumults in the West & for apprehending papists ordered to meet.
7	18 January 1704	Sederunt & minutes of Council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Consideration of the report of the committee appointed to make up the lists of Highland chieftains & landlords. Associated folios: Full report of the committee ancient Highland clans and approbation thereof.
	ii	Petition of the Laird of Leys, younger & Alexander Burnet, late Chamberland of Leys.
	iii	Petition given in by Hugh Cathcart of Carletoune. Associated folio: Full petition & decision of council.
	iv	Petition given in by Murdoch McLean younger of Lochbuie Associated folios: Double recommendation in favour of the Laird of Lochbuie, younger Full petition of the Murdoch McLean, younger & decision of council.
	v	Libel raised by John Blair, agent for the Kirk against James Strachan
	vi	Libel raised by John Blair, agent for the Kirk against James Hendersone. Associated folio: Interlocutor – Agent for the Kirk against Hendersone
	vii	Representation of the Lord Advocate concerning changing the locks on the doors of manses in Auchterhouse, Essay and Nevoy. Associated folio: Full warrant for opening the doors of the manses of Auchterhouse, Essay & Nevoy.
	viii	Recommendation to the Lord Advocate to provide a report on the processes between Sutherland & the Visc. Arbuthnot.
	ix	Recommendation to the former committee appointed in the process Carruthers against Crawfurd. Associated folio: Written note of recommendation.
8	18 January 1704 19 January 1704 20 January 1704 26 January 1704	Declarations of skippers – details of voyages, any arms/a munitions carried and passengers.
9	21 January 1704	Letter Neil Leod & Geo. Mackenzie to Sir Robert Munro of Foulis, warning him and his followers not to appear in Dingwall the next Lords Day, cause further disorder or breach of the peace or they will be answerable.
10	25 January 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Petition given in by Charles, Earl of Hoptoun Associated folio: Full petition [printed] of Charles, Earl of Hoptoun
	ii	Petition given in by the printers of Edinburgh concerning restrictions on printing. Associated folio: Printed petition of the printers of Edinburgh & handwritten decision of council on reverse. Printed on the same folio Act of Privy Council 28^th January 1690 Act of the Council of Edinburgh 29^th October 1703
	iii	Petition given in by Jannet Midletoun relict of the deceased Mr Robert Burnet Associated folio: Petition of Jannet Middletoun, relict of the deceased Robert Burnet, and Wm. Burnet, his son.
	iv	Petition given in by Alexander Burnet of Leys, younger, with answers by John Douglas
	v	Recommendation to the Lord Advocate to speak with Lt. Gen. George Ramsay Associated folio: Recommendation to Lord Advocate to speak to Lt. Gen. Ramsay anent Patrick Ogilvie
	vi	Council heard a verbal report by the Lord Advocate concerning the process between the Countess of Sutherland and the Visc. of Arbuthnot
	vii	Council declare they will hear Carruthers and Crawfurd next council day. Associated folio: Warrant to advertise Carruthers & Crawfurd to be ready to debate next council day.
	viii	Representation of the Lord Advocate concerning the charter chest of Kincardine
	ix	Representation of the Lord Advocate concerning Fraser, brother German to the Laird of Kilduthill & Fraser postmaster at Inverness, both prisoners in Edinburgh tolbooth, lately came from the North. Remitted to the committee appointed anent all practices & designs against the government. Associated folio: Order stating the same as minutes – both men to be examined by the committee the following day at 2 in the afternoon.
	x	Short note that a commission was granted to Ludovick Grant of Hirstoune for hindering the importation of English & foreign victual. Associated folio: Full record of commission.

MISC. ITEMS [2^nd – 30^th MAY 1704] 34 Items
1	2 May 1704	Sederunt & minutes of Council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	The keeper of the house informed the council of a letter found behind the doors addressed direct to the Privy Council that was passed to Lord High Chancellor.
	ii	Representation heard from the Lord High Chancellor concerning ‘the great affront to her majesty’s ship the Royal Mary’ when she was lying in the road of Leith by Capt. Spence who while passing the Royal ship did not salute her.
	iii	Petition given in by Alexander McDonald Associated folio: Warrant for setting Alexander McDonald of Glengarry at liberty.
2	2 May 1704	Recommendation to the committee anent pressed men.
3	4 & 5 May 1704	Execution her majesty’s advocate against Highland Clans; Allan MacDonald, Capt. of Clanranald & McDonald of Benbecula cited to appear before the council.
4	8 & 9 May	Declaration of David Moncreiff
5	9 May 1704	Sederunt & minutes of Council – At the Privy Council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Committee of councillors appointed to enquire into the export of money forth of the kingdom Associated folio: Written recommendation anent the export of money Warrant by the committee dated 10th May 1704 Proceeds of the committee dated 9th May 1704 Oaths & depositions of several skippers dated 10th May 1704 Oath & deposition of George Wood, dated 10th May 1704 Proceeds of the committee dated 10th May 1704
	ii	Recommendation that the commander of the Rochester remain in the road of Leith so that recruits may be put on board Associated folio: Written recommendation to Captain Owen, commander of the Rochester.
	iii	Consideration of the letter received from the queen concerning recruits. Associated folio: Warrant for reducing two men out of each company & establishing an independent company
	iv	Proclamation discharging the exportation of money or bullion was read, voted for approval, signed & ordered to be recorded.
	v	Council recommended to the committee anent pressed men to commit Sergeant Tweedie to prison.
	vi	Petition given in by David Baillie, prisoner in Castle of Blackness. Associated folios: [dated 9th May unless stated otherwise] Letter dated 10 May 1704; David Baillie for Mr John Steall to the care of Mr Alexander Longe, merchant in London. Letter dated 1702; David Baillie to Mr John Stiell, merchant in Edinburgh to be found at the Cross House near the cross on the Southside of the street. Salutation – ‘my dear child‘ Letter dated 2^nd June 1701; David Baillie for Mr John Steell to the care of Mr Alexander Long, merchant in London. Petition of David Baillie dated 9th May 1704 Consideration of the above petition and warrant to transport David Baillie from Blackness Castle to Stirling Castle
6	Undated	Memorandum concerning instructions and reasons to raise a libel at the instance of the Duke of Queensberry, the Marquis of Annandale and the Lord Advocate against David Baillie.
7	10 May 1704	Report of the committee for discovering the transporting of money
8	11 May 1704	Report of John Bethune, collector at Kirkcaldy concerning the ships there presently going abroad
9	12 May 1704	Act of the town council of Brechin appointing Matthew Robertson & William Young as collectors of the cess & supply
10	15 May 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Council called extraordinary. Summary of minutes + separate associated folios
	i	The Captain & Lieutenant of a French frigate taken by Capt. Gordon of the Royal Mary, to be committed to the tolbooth of Edinburgh – One half of the French crew to be kept in Leith tolbooth & the other half to be kept prisoners in the Canongate tolbooth. Associated folios: Warrant for committing the Lt. & Capt. of the French ship to Edinburgh tolbooth, and the crew to the tolbooths of Canongate & Leith.
	ii	Warrant for apprehending John Steell Associated folio: Full warrant for apprehending John Steill and committing him to prison until he renews his caution.
	iii	Note on committee for examining the Lt. & Capt. of the French frigate Associated folio: 1. Nomination of the Lord Advocate & the Justice Clerk to be a committee for examining the Lt. & Capt. of the French frigate.
11	23 May 1704	Confession of Beatrix Laing before the magistrates of Pittenweem on reverse: Confession of Isobel Adam ‘another of the witches‘
12	27 May 1704	Roll of parties & witnesses – Coll McLeod, Patrick Johnstoune & the Lord Advocate against David Kinloch & Charles, his son
13	27 May 1704	Registrat Discharge – David Kinloch of Gowdie to Patrick Johnstone & William Austine
14	27 May 1704	Answers [printed] for David and Charles Kinloch, elder and younger, of Gourdy, To the libel raised against them by Peter Johnstoun of Gormock.
15	30 May 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Council called extraordinary. Summary of minutes + separate associated folios
	i	Letter from the queen to the council concerning the adjournment of parliament read, ordered to be recorded & proclamation ordering the same approved & signed.
	ii	Warrant for a detachment of 40 foot and 20 dragoons to be sent to the west coast to assist Mr Patrick Ogilive in hindering the importation of Irish victual, horse and other cattle from Ireland. Associated folio: Written warrant for the same as stated in the minutes.
	iii	Petition given in by Patrick Herron of that ilk Associated folio: Full petition of Patrick Herron & decision of council on reverse.

3. MISC. ITEMS [6^th – 28^th APRIL 1704] 27 Items
1	6 April 1704	Execution against Duncan McPherson of Clunie. To appear before the council before 25^th April. (see also entry 9 below)
2	6 April 1704	Petition of Duncan McPherson of Clunie
3	13, 14, 15 & 17 April 1704	Execution against John McRae, Hugh McRae, Kenneth McRae & […] McRae, son to Christopher McRae all living in Kintail and others.
4	13 April 1704	Roll of parties & witnesses – The Agent to the kirk against McRaes & others
5	13 & 14 April 1704	Execution against George McKenzie, sheriff depute of Ross, George Graham, his fiscal & Hugh Baillie, his clerk.
6	13 April 1704	Answers [printed] for Mr George Mackenzie of Inschcoulter, Sheriff Depute of Ross, his clerk and fiscal. To the libel before her Majesty’s Privy Council, at the instance of John Blair Agent for the Kirk, and her Majety’s Advocate against them.
7	13 April 1704	Declaration in favour of the Sheriff Depute of Ross
8	18 April 1704	Execution against John McRae alias Mr Alister Og, Hugh Mcrae, Kenneth Mcrae & […] Mcae, son of Christopher Mcrae
9	19 April 1704	Sworn oath of ministers & elders that Duncan McPherson of Clunie cannot undertake nay journey without hazard to his life.
10	24 April 1704	Process Andrew Grahame against Ensign Shaw
11	25 April 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Earl of Eglintoune communicated to the council he had received a letter from the Lord Justice of Ireland in response to a letter from the council concerning two Scots ships seized in Ireland. Associated folio: Warrant anent the Lord Justice of Ireland’s letters to the Earl of Eglington anent the seizure of Scots ships.
	ii	Council heard the instructions of Prince George of Denmark, the Lord High Admiral of England and Ireland concerning Capt. Edward Owen, commander of the ship of war called the Rochester Associated folio: Recommendation to the chancellor to speak to the General anent recruits and the Capt. of the man of war
	iii	Proclamation given in by the taxmen of the Excise Associated folio: Committee for considering the draft of a proclamation anent the excise
	iv	Oath of allegiance heard and the assurance signed by John Duke of Argyle & Thomas, Lord Dupplin Associated folio: Oath of Allegiance & Assurance sworn & signed at Council by the Duke of Argyle Viscount of Duplin as privy councillors in presence of her majesty and the Scots council.
	v	Petition given in by Lord Tillicoultry for himself and on behalf of William Cochran, one of his tenants. Associated folio: Full petition of Lord Tillicoultry & decision of council.
	vi	Libel pursued by James Stewart against Mcpherson of Clunie was heard. The pursuer appeared personally at the bar, while the defender was absent. The latter handed in a petition. Associated folio: Letters: Her majesty’s Advocate against Highland Clans
	vii	Libel pursued by John Blair, agent for the kirk against Andrew Burnet was heard. Pursuer & defender both appeared at the bar.
	viii	Libel pursued by John Blair, agent for the kirk against John Mcrae, alias Alister Og was heard. The pursuer appeared before the bar and the defender was absent and did not compear. Associated folio: 1. Letters: Agent for the kirk against Mcraes
	ix	Libel pursued by John Blair, agent for the kirk against McKenzie, Grahame & Baillie hears Associated folio: Letters: Agent for the kirk against the Sheriff of Ross.
12	25 April 1704	Roll of business, the 25^th April 1704 List of 6 items of business with 4 crossed out + additional note on Proclamation anent the excise
14	24 April 1704	Process concerning William Cochrane, an alleged pressed man in the guard of Leith to be transferred to Edinburgh tolbooth,
18	28 April 1704	Sederunt & minutes of council – At the council chamber, Edinburgh Summary of minutes + separate associated folios
	i	Letter from the queen to the council adjourning parliament read & ordered to be recorded, and proclamation prepared.
	ii	Proclamation given in my William Stirling & his servant. Associated folio: Full petition of William Stirling and Thomas Clocher, his servant who abused, maltreated and violently carried away as a soldier. Decision of council on reverse
	iii	Proclamation anent the excise read, approved, signed and ordered to be printed & published.
	iv	Council recommended to the Lord High Chancellor to call for James Clark, engraver to the mint and enquire about the delay in dispatching the cutting of her majesty’s great seal. Associated folio: Recommendation to the Lord High Chancellor to call for James Clerk, engraver, and know of him concerning the great seal
	v	Establishment of a committee for better regulating the complaints made anent pressed men and redressing the abuses thereof. Associated folio: Warrant anent pressed men
19	28 April 1704	Answers by way of complaint to the Laird of Halbertshyre’s petition against Lt. Fairfoull concerning the seizure of John McNab as a soldier
20	28 April 1704	Letters: Johnstoun of Gormock against Kinlochs

4. MISC. ITEMS [14^th – 31^st MARCH 1704] 57 Items
1	26 June 1705	Petition [printed] of George Ker and Evander McIver, tacksmen of the Scots manufactory, paper mills and James Watson, printer in Edinburgh. & decision of council.
2	March 1704	Account of money paid out for Mr John Arbuthnot by the Countess dowager of Sutherland from Martinmas 1702 to Martinmas 1703.
3	4 March 1704	Declaration of James Whitelets that Robert Fouller testified before him that he took in willingly with Lt. Charles Skeen.
4	7 March 1704	Roll of council business
5	14 March 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Letter from the Queen Anne priests & trafficking papists read, ordered to be recorded and actioned. Associated folio: 1. Remit to the committee ancient priests & of her majesty’s letter & letters from Ross presbytery
	ii	Recommend to the former Committee appointed anent the ill practices and designs carried on against the Government to call for and examine several persons. Associated folio: 1. Warrant for examining William Blair & Peter Delacour
	iii	Warrant to the Magistrate of Edinburgh for burning seized popish vestments & trinkets. Associated folio: 1. Warrant for burning priest’s vestments, crucifixes etc.
	iv	The Earles of Buchan and Loudoun, The Lords Ross and Justice Clerk added to the committee ancient church grievances. Associated folio: 1. Additional committee ancient Church Grievances
	v	Recommendation to the Committee anent the plot to open and consider a bundle of papers found at the late search for priests
	vi	Commission in favour of Alexander Steuart To be Stuart principal of Monteith Associated folio: 1. Warrant for a commission in favour of Alex. Stewart to be sheriff principal of Monteith – Document title on reverse has been scored through multiple times.
	vii	Warrant approving The Duke of Gordons Bond Additional folio: 1. Written folio of the same.
	viii	Petition given in by Dame Lilias Seattone Associated folio: 1. Full petition of Dame Lillias Seaton, relict of Sir James Ramsay
	ix	Petition by Alison Graham read & appointed to be seen and answered. Associated folio: 1. Full petition of Alison Grahame & decision of council 2. Printed version of same petition with decision of council on reverse + additional declaration dated 24^th March by Alex Gordon, writer in Edinburgh that he had received the petition, a contract of marriage and a summons of ailment raised by Alison Gordon against David Hunter.
	x	Recommendation to George Ramsay concerning recruits to be put aboard two ships.
6	15 March 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Commission in favour of the William, Lord Ross to be commissioner to & represent her Majesty in the ensuing General Assembly of the Church read & ordered to be recorded. Associated folio: 1. Full commission in favour of the Earl of Ross
	ii	Libel raised by John Blair, agent for the Kirk against Patrick Chalmers. The pursuer appeared at the bar, the defender did not. Associated folio: 1. Letters – John Blair, agent for the kirk against Patrick Chalmers, minister at Rain.
	iii	Petition of John Oswald read and appointed to be answered next council day.
	iv	Interlocutor in the affair between the Countess of Sutherland & the Visc. of Arbuthnot read & delayed.
	v	Petition of Thomas Burnet & another by way of answers by Douglas of Tilliquhillie read, considered & delayed. Associated folios: 1. Full petition of Thomas Burnet 2. Petition [printed] of John Douglas of Tilliquhillie
	vii	Proclamation presented by the Lord Advocate anent trafficking papists, read and to be signed by the council next council day. Associated folio: 1. Warrant for bringing into the council a proclamation anent papists
	viii	Petition given in by the magistrates & town council of Aberdeen. Associated folio: 1. Full petition of the magistrates & town council of Aberdeen & decision of council
7	19 March 1704	Report of the committee appointed for making lists of the Chieftains and landlords of the Highland clans & the councils & response of council.
10	17 March 1704	Report of the committee anent a tumult at Dingwall
11	16 March 1704	Procedure of the committee anent the tumult at Dingwall; George McKenzie, the sheriff deputy of Ross & warrant for his finding caution to appear before the committee.
12	17 March 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Proclamation anent priests and trafficking papists read, voted approve, signed & ordained to be printed & recorded.
	ii	Having heard a report of the committee anent the riot at Dingwall, council approve a libel to be raised.
	iii	Council informed of some ministers who have not qualified themselves and have taken possession of a church in Elgin. Associated folios: 1. Warrant to the sheriff of Elgin to put the legal ministers in possession of the little kirk of Elgin & keep them in time coming.
	iv	Magistrates of Edinburgh recommended to take ‘special notice’ of pamphlets and papers printed there, as they are concerned over the volume of unlicensed printing.
	v	Council considering that there are a great many abuses committed by the undue pressing of men, order the committee for pressed me to dismiss & set free all students and university & scholars convened before them without consent of their parents or nearest relation. Associated folio: 1. Warrant to the committee for pressed men for liberating all scholars and collingers.
	vi	Committee appointed anent John Steel to call for and examine him. Associated folios: 1. Warrant to the committee for examining John Steil.
	vii	Petition given in by John Oswald & Alex. Gilmure, his uncle. Together with answers by Dr George Oswald. Associated folios: 1. Answers [printed] for Doctor George Oswald of Prestoun and John Oswald, his brother. 2. Petition [printed] of John Oswald & Alexander Gilmure & decision of council
	viii	Several Highland chieftains & landlords cited to appear before the council. Associated folio: 1. Warrant for raising letters against Glengarry & Keppoch 2. Warrant for raising letters against the Highland clans named within.
13	21 March 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Libel raised by the Lord Advocate against McDonald of Glengarry & Coll McDonald of Keppoch called in and heard, with the defenders appearing personally at the bar
	ii	Petition given in by the printers of Edinburgh.
	iii	Warrant for David Baillie to be set upon the Tron. Associated folio: 1. Warrant for David Baillie to be set upon the tron ‘to stand within the Iron Gate between the hours of eleven and twleve with ane paper upon his chest.’
	iv	Commission for judging and trying Elspeth Archbald and Christian Mair, read, approved, signed & ordered to be recorded. Associated folio: 1. Full record of commission granted for trying and judging both women, accused of child murder.
	v	Recommendation to the Treasury for payment of 6 pound Scots to be made to John Blair, weekly for the time of his imprisonment. Associated folio: 1. Written recommendation of the same.
	vi	Charles Maitland to be interred within the abbey church of Holyrood House Associated folio: 1. Warrant for interring the body of Charles Maitland in the abbey church
	vii	Having considered the declaration by James Bentham, late farmer in Spuirfirth in Yorkshire, prisoner in Edinburgh tolbooth, that he freely took on as a soldier, the council issue a warrant to deliver him from the tolbooth to Capt, William Montgomerie Associated folio: 1. Warrant for delivering of John Bentham to Captain William Montgomerie 2. Obligation John Bentham to Capt. William. Montgomerie dated 18^th March 1704
14	21 March 1704	Letter Londonderry March 21^st 1704 to the Right honourable Secretary Southwell, her Majesty’s principal Secretary of state (Ireland) from Samuel Leuson May – concerning a Scots ship arrested in Ireland
15	22 March 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Letter from the Queen concerning making up the levies & recruits read in council.
	ii	Warrant to the officers of the Scots Regiments in Holland for beating drums for levying men. Associated folio: 1. Written warrant for the same.
	iii	Letter from the council to the queen in answer to the letter received by the latter concerning recruits, approved & ordered to be recorded. Associated folio: 1. Full letter from the council to the queen
	iv	Recommendation to the Lord Advocate and Lt. Gen. George Ramsay to write to her majesty’s secretaries of state for this kingdom upon the matter contained in the council’s letter to her majesty. Associated folio: 1. Written recommendation for the same
	v	Warrant discharging the solicitors to execute the letters against Highland Clans and against McIntosh, younger. Associated folio: 1. Written warrant for the same.
	vi	Council considered an attestation by Robert Foular that had taken on willingly as a soldier and declaration of James Whyte and ordain both to be illegal, and for Foular to be immediately released and free from molestation. Associated folio: 1. Warrant for liberating Robert Foullar
	vii	Committee for hearing and considering the causes of pressed men & soldiers. Associated folio: 1. Details of committee appointed for hearing all debates between pressed men & soldiers
	viii	Committee for public occurrences during the ensuing vacance with power fir them to meet upon particular exigencies. Associated folio: List of those appointed to the committee.
	ix	Petition given in Alison Grahame Associated folio: 1. Interlocutor on the petition given in by Alison Grahame
	x	Committee for examining the magistrates of Edinburgh and Captain Stevensone concerning David Baillie, who while being carried to the Tron was able to rip the paper from his chest. Associated folio: 1. Details of committee appointed for examining the magistrates of Edinburgh and other regarding Baillie.
16	25 March 1704	Letter Dublin Castle 25^th March 1704 to the Earl of Eglingtoune, Lord President of the Scots Council from the Lord Justices of Ireland concerning a Scots ship arrested in Londonderry
17	28 March 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Letter from the queen to the council for adjourning parliament read & ordered to be recorded.
	ii	Proclamation for adjourning parliament read, approved signed and ordered to be recorded.
	iii	Commission in favour of Adam Drummond to be Steward principal of the stewartry of Strathern & Balquidder Associated folio: 1. Full commission in favour of Adam Drummond 2. Recommendation to the Lord Advocate to write to the Visc. of Dupline concerning the commission in favour of Drummond.
	iv	Report of the Committee anent Glengarry given verbally to the council by the Lord Advocate
	v	Petition given in by Alexander McDonald of Glengarry Associated folio: 1. Full petition of Glengarry & decision of council.
	vi	Warrant for setting David Baillie on the Tron and transporting him to Blackness Castle Associated folio: 1. Written warrant for the same
19	31 March 1704	Protestation for not insisting the Synod of Aberdeen against Alexander Thomson
20	31 March 1704	Answers [printed] for Mr Alexander Thomson, minister of Peterculter to the libel pursued against him at the instance of Mr John Kennedy & decision of council. On reverse dated 8^th February 1705 Anent the libel or letters of complaint pursued before the privy council by John Kennedie

5. MISC. ITEMS [4^th – 10^th JANUARY 1704] 17 items
1	1704	List of the Duke of Gordon’s vassals
2	1704	Decision of committee for the security of the kingdom concerning a petition
3	4 January 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Letter from the queen, concerning calling in the chiefs and landlords of the Highland clans & obliging them to give security to keep the peace, read & ordered to be recorded.
	ii	Committee appointed to consider the queen’s letter, action to be taken & report made to the council.
4	5 January 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Reprieve given to Marion Govan upon a representation made by the Lord Advocate
5	6 January 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Order Appointing the chieftains of Highland clans to give Bond and find caution for keeping the peace Associated folio: 1. Memorial to the committee of council by the Lord Advocate 2. Memorandum by Lt. Gen. George Ramsay [list of 4 points only]
	ii	Recommendation to the treasury to make such provisions from time to time as shall be required by the forces & garrisons. Associated folio: 1. Written recommendation to the treasury
	iii	Warrant to Daniel Stewart, collector in Borrowstounness to search ships coming from Holland. Associated folio: 1. Written warrant of the same
	iv	Patent of honour in favours of Sir James Primrose of Carringtoune to be Viscount of Primrose Associated folio: 1. Full patent of honour in Latin ‘Diploma Domini Jacobi Primrose De Carrington De Titulo et Dignitate Viscomitis de Primroso‘
	v	Committee appointed to consider priests & trafficking papists recommended to meet the following Monday at 10 in the forenoon and report to the council. Associated folio: 1. Recommendation to the committee anent priests
	vi	Gilbert Eliot, clerk of council recommended to prepare a commission in favour of Ludovick Grant of Thirlstoun to hinder the importation of English victual Associated folio: 1. Written recommendation of the same
	vii	Petition given in by Patrick Craufurd together with answers of John & William Carruthers.
6	6 January 1704	Recommendation by the united presbyteries of Alfoord & Garioch in favour of Jannet Middletoun & William Burnet, her son
7	10 January 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Letter from the council to the queen in answer to the letter received by the latter concerning recruits, approved & ordered to be recorded. Associated folio: 1. Full letter to the queen.
	ii	Proclamation of Council appointed the magistrates of Seaport towns, collectors and surveyors to search the ships coming into their respective harbours for arms, ammunition and passengers aboard. And concerning passes to be granted to passengers. Read, approved signed & ordered to be recorded. Associated folio: 1. Letter to Sir James Smollet & Patrick Johnstoun, managers of her majesty’s customs from Duncan Provost in Dundee – Concerning John Stevensone, skipper in Borrowstounness
8	10 January 1704	Four letters sent to the council from Dundee 10^th January 1704 Concerning ships to be searched for arms & ammunition in Borrowstounness

6. MISC. ITEMS [1^ST – 10^th FEBRUARY 1704] 22 items
1	7 February 1704	Recommendation to the committee anent the plot to examine […] Baillie.
2	1 February 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Letter from the queen to the council concerning all designs & practices carried out against the government, read & ordered to be recorded.
	ii	Committee appointed to consider the letter and draw up an answer. Associated folio: 1. Committee appointed to consider the bundle of papers sent from the queen concerning the plot.
3	2 February 1704	Procedure of the committee concerning the plot
4	2 February 1704	Instrument & Protest – The Provost of Dumfries against Affleck & others who were marching towards Dumfries, with weapons, beating drums & with colours flying
5	February 1704	Letter to the Lord Advocate from William Copland, the provost and baillies of the burgh.
6	3 February 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Letter from the Council to the Queen in answer to Her Majesties Letter concerning the transmission of copies of papers & letters relating to the plot. Read, approved, signed and ordained to be recorded. Associated folio: 1. Full letter from the council to the queen.
	ii	Concerning the marking of the queen’s birthday Associated folio: 1. Warrant for keeping her majesty’s birthday 2. Recommendation to the Governor of Edinburgh Castle to fire the guns for the queen’s birthday.
	iii	Committee appointed to consider the export of money from the kingdom. Associated folio: 1. Committee appointed concerning the export of money and the import of copper coin.
	iv	John Muir, skipper in Borrowstounness liberated upon bond/caution. Associated folio: 1. Warrant for giving up John Muir’s bond.
7	7 February 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Committee appointed anent the plot recommended to meet & examine several persons.
	ii	Libel considered at the instance of the friends of the family of Seaforth against Francis, the countess of Seaforth. Associated folio: 1. A list of witnesses in the process 2. Letters of Diligence & receipt dated 11^th February 1704 3. Interlocutor in the process friends of the family of Seaforth against the Countess
	iii	Council considered a letter sent to them by the provost and baillies in Dumfries concerning. ‘a great Convocatione of the Leidges in a warlyke manner upon the second off February Instant who marched into the Toun of Dumfreis wher they brunt at the Cross a Considerable number off popish Books, Images etc.‘ Associated folio: 1. Committee appointed for considering the letter from Dumfries
9	8 February 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Letter from the queen to the council concerning a regiment of foot to be levied.
	ii	Warrant to George McKartney to beat drums in several burghs of the kingdom to be commanded by him. Associated folio: 1. Written warrant for the same
	iii	Petition of John Douglas considered together with answers by Alexander Burnet
	iv	Recommendation To the Lord Advocate to draw letters to the secretaries and to the Duke of Ormond concerning master Hunters ship, arrested in Ireland. Associated folio: 1. Written recommendation of the same.
	v	Council declare they will advise on the bill & answers in the process Countess of Sutherland against the Visc. of Arbuthnot next council day.
	vi	Petition of Col. John Erskine read and appointed to be seen & answered by Robert Mylne next council day. Associated folio: 1. Petition [printed] of Mr John Erskine & decision of council 2. Answers [printed] for Sir Robert Miln to the petition of Mr John Erskine
10	8 February 1704	Letter to the Earl of Eglingtoune from David Baillie in the tolbooth of Edinburgh.
Subfolder: 10th February 1704 10 items
1	10 February 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Vote taken on whether to open a sealed letter from the Duke of Athol and was carried in the negative,
	ii	Council considered a paper entitled ‘Memoriall to the Queen By the Duke of Atholl Giveing ane account off the Discoverie off Captain Simon Fraser and his accomplices’ and appoint the paper to be copied and laid before the Committee formerly appointed anent ill practices and designes against the Government. Associated folio: 1. Recommendation to the Lord Advocate to prepare & bring into the Council a letter, to be sent by the Council to the Queen regarding the Duke of Athol’s memorial. 2. Original memorial by the Duke of Athol ‘which was read to Her Majestie in the Scots Councill mett at St Jameses the 18 of January 1704.‘
	iii	David Baillie called before the council but refused to cooperate. Associated folio: 1. Warrant to the Clerks of Council to give Baillie double of his Interrogators together with pen & ink that he may draw answers thereto. 2. Answers made by David Baillie that the interrogators offered to him at the council bar. 3. David Baillie, his answers.² 4. Questions to be answered by David Baillie. 5. Questions to be answered by David Baillie
	iv	Petition given in by the African Company. Associated folio: 1. Full representation & petition of the Court of Directors of the Company of Scotland Trading to Africa & the Indies 2. Recommendation to the Lord Advocate to bring to council a letter by their lordships to be sent to the queen concerning the African Company’s petition.

7. MISC. ITEMS [11th – 29th FEBRUARY 1704] 11 items
1	11 February 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Letter from the council to the queen concerning the memorial and a letter from the Duke of Athol, read, approved & ordered to be recorded.
	ii	Letter from the council to the queen concerning the petition of the African Company, read, approved & ordered to be recorded. Associated folio: 1. Copy of the letter sent to the queen
	iii	Petition given in by James, Duke of Hamilton, read and consideration of the same, delayed.
2	11 February 1704	Letters passed to Patrick Chalmers concerning the process raised against him.
3	12 February 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	David Baillie appeared before the bar & informed council he did not and would not, give any answers. Associated folio: 1. Answers [printed] for David Baillie, son to the deceased George Baillie to the Complaint at the instance of the Duke of Queensberry and Marquis of Annandale against him. + copy of the letter from David Baillie to his Grace the Duke of Hamilton. + copy of a letter from David Baillie [when in close prison] to the right honourable Earl of Eglingtoun 2. Warrant of Privy Council declaring David Baillie’s refusal to give answers & refusing to sign the former answers he gave, ‘a High & Insolent Contempt of their lordships authority.’
4	14 February 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Letter from the queen adjourning parliament read and ordered to be recorded, and proclamation to be printed & published.
	ii	Warrant for delivering 3 horse stealers to the sheriff of Roxburgh to be judged and tried by him at Jedburgh Associated folio: 1. Written warrant for the same.
	iii	Petition given in by John & Donald Fraser Associated folio: 1. Full petition of David & Donald Fraser & decision of the council.
	iv	David Baillie ordered to be committed to Edinburgh tolbooth Associated folio: 1. Warrant for committing David Baillie as prisoner in tolbooth of Edinburgh during the Council’s pleasure.
	v	Petition given in by the Duke of Hamilton Associated folio: 1. Full petition of James Duke of Hamilton
5	22 December 1703	Letter to the Duke of Hamilton from the Earl of Eglington.
Subfolder [15th February 1704] 19 items
1	15 February 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Petition given in by Francis Countess of Seaforth Associated folio: 1. Full petition of the Countess of Seaforth concerning a libel against her for allegedly sending her son abroad to be a papist.
	ii	Consideration of the Queen’s letters concerning ships in Ireland Associated folio: 1. Royal letter
	iii	Petition given in by Lt. Col. John Erskine with answers to it by Sir Robert Milne
	iv	Petition given in by David Baylie, son to George Baylie of Mannerhall Associated folio: 1. Petition of David Baylie and decision of council. 2. Warrant banishing David Baylie from the kingdom – Dated 24th February 1704 3. Letters; The Duke of Queensberry & the Marquis of Annandale against David Baillie
	v	The committee formed to consider practices against the government ordered to meet the following morning at 9am. Associated folio: Recommendation to the committee to meet and examine persons held in the tolbooth
2	15 February 1704	Copy of a letter sent by the Privy Council to the Duke of Ormond, Lord Lieutenant of Ireland concerning a ship come from Ireland with Irish meal
3	15 February 1704	Copy of a letter sent by the Privy Council the Earl of Cromarty, Secretary of State for Scotland, concerning the Irish ship in Scots waters.
5	15 February 1704	Warrant for liberating John and Donald Fraser (postmaster) from Edinburgh tolbooth upon giving bond & caution.
7	24 February 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Petition given in by the Duke of Gordon Associated folio: Full petition [printed] of the Duke of Gordon and decision of council
	ii	Libel heard – raised by the Lord Advocate against the Highland Clans & chief. Both pursuer and defenders that are named in the roll compeared personally at the bar.
	iii	Committee appointed against the Highland Clans to raise letters against then to appear before the council.
	iv	Libel heard – raised by Duke of Queensberry, Marquis of Annandale & the Lord Advocate against David Baillie – Baille to be transported to the West Indies. Associated folio: 1. Declaration of David Baillie 2. Answers made by David Baillie – dated 21^st February 1704 3. List of parties & witnesses in the libel 4. Instrument of Protest – Andrew Waugh against David Baillie – dated 21st February 1704 5. List of executions against David Baillie & his witnesses 6. Instrument of intimation to David Baillie
Subfolder [29^th February 1704] 16 items
1	29 February 1704	Sederunt & minutes of council – At the privy council, Edinburgh. Ante Meridien (am) Summary of minutes + separate associated folios
	i	Letter read from the Queen for apprehending Capt. James Murray, son to the Lord of Stenhope
	ii	Patent renewing the Order of the Thistle read & ordered to be recorded
2	29 February 1704	Sederunt & minutes of council – At the privy council, Edinburgh. Post Meridien (pm) Summary of minutes + separate associated folios
	i	Proclamation for apprehending Capt. James Murray read, approved, signed & ordered to be recorded
	ii	Verbal report made by the committee anent Highland Clans, concerning the Dutchess of Argyle as cautioner Associated folio: 1. Warrant concerning the Dutchess of Argyles caution for Highland clans
	iii	Petition given in by the Duke of Gordon Associated folio: 1. Full petition (printed) of the Duke of Gordon and decision of council dated 29^th February 1704 2. Full petition of the Duke of Gordon dated 24^th February 1704
	iv	Recommendation to the General to send 40 foot & 20 dragoons to Patrick Ogilvie to hinder the import of Irish victual. Associated folio: 1. Recommendation to Lt. General Ramsay to order 40 foot & 20 dragoons to the western coasts 2. Remit to the committee concerning Irish victual to adjust the proposition made by Capt. Patrick Ogilvie for keeping the dragoon’s horses in good condition
	v	Report made by the Lord Advocate concerning the affair between the Countess of Sutherland & Visc. Of Abuthnot
	vi	Petition given in by Alexander Stewart of Craigtoune
	vii	Deliberation in the libel between John Douglas of Tilquhillie and Alexander Burnet of Leyes
	viii	Consideration of the report of the committee anent Highland clans concerning McDonald of Shyan and McDonald of Kitrie Associated folio: 1. Warrant appointing McDonald of Shyan and McDonald of Kitrie to find caution for their appearance before the council
3	29 February 1704	Petition [printed] of Sir Robert Miln and decision of council
4	29 February 1704	Petition of Alexander Stewart of Craigtoune requesting renewal of his commission, and decision of council
5	29 February 1704	Note of council business for the 29th February 1704
6	24 February 1704	Interlocutor in the process of the Duke of Queensberry against David Baillie
7	24 February 1704	Warrant for citing Glengarry & the Capt. of Clanranald who have been appointed to appear before the council.
8	24 February 1704	Acknowledgement by David Baillie.
9	26 February 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Post Meridien (pm) Summary of minutes + separate associated folios
	i	Proclamation for apprehending Capt. John Murray read, approved, signed & ordered to be recorded
9	26 February 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Ante Meridien (am) Summary of minutes + separate associated folios³
		Petition given in by Alexander Stewart of Craigtoune Associated folio: Full petition of Alexander Stewart of Craigtown
		Letter from the Queen to the Council for issuing a proclamation to apprehend Capt. John Murray

8. MISC. ITEMS [2nd – 30th June 1704]
Subfolder [6^th June 1704] 7 items
1	2 June 1704	Commission in favour of Jacob Johnstoun, to be Lord Register. (text in Latin) Sealed at Edinburgh 8th June 1704 Read in council 13^th June 1704
2	6 June 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	The Treasury to continue the cruise of two Scots frigates for a further two months Associated folio: 1. Recommendation of the same
	ii	The Treasury to continue to pay the Capt. of a French privateer ten shillings Scots daily Associated folio: 1. Recommendation to the treasury concerning the French privateers
	iii	Petition given in by Sir Ewan Cameron of Lochiel concerning the seizure of his papers. Associated folio: 1. Full petition of the Laird of Lochiel and decision of council.
	iv	Committee appointed anent the plot to call for and exmine […] De La Loon, possible servant of Simon Fraser Associated folio: Recommendation to the committee concerning the plot to call for & examine DelaLoun
	v	Petition given in by James Muirhead
	vi	Libel heard at the instance of Patrick Johnstoun against the Kinlochs of Gowdie, older & younger. Both pursuer & defender appeared personally at the bar.
3	6 June 1704	Instrument of intimation by Patrick Herone
Subfolder [13^th June 1704] 11 items
1	13 June 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Commission in favour of James Johnstoune to be Lord Register presented by Sir Gilbert Eliot. Read & ordered to be recorded. [see 6^th June 1704/item 1]
	ii	James Clerk, engraver to the mint to engrave the quarter seal & cashet. Associated folio: Warrant for James Clerk for the same
	iii	Petition given in by Charles Cockburn, son to Adam Cockburn of Associated folio: 1. Full petition of Charles Cockburn & decision of council
	iv	Petition given in by James Gordon Junior, merchant in Aberdeen Associated folio: 1. Full petition of James Gordon Junior & decision of council
	v	Petition given in by Thomas Maxwell of Gelstoun Associated folio: 1. Full petition by Gelstoun & decision of council
	vi	Petition given in by the Magistrates, Town Council, minister & kirk session of Pittenweem Associated folio: 1. Full petition of the Magistrates, Town Council, ministers & kirk session of Pittenweem & decision of council 2. Recommendation to the Lord Advocate to raise a process against persons accused of witchcraft & to the treasury for maintaining ‘the witches’ while they are in prison
	vii	Petition given in by Robert Davidson, prisoner in the Edinburgh tolbooth.
	viii	Petition given in by James Murehead of Braidisholme, younger, with answers from James Murehead of Braidisholme, elder, his father. Associated folio: 1. Full petition of James Muirhead with additional decision of council dated 13^th June 1704
	ix	Recommendation to the Lord Advocate to raise a libel against George Warrander, one of the present baillies of the burgh of Edinburgh or any other persons for exporting money out of the kingdom. Associated folio: 1. Written recommendation to the Lord Advocate to raise a libel against Warrander
	x	Macers appointed to advise Mr John Grieve of Pinacle and Walter Scott of Tushielaw & their advocates to be ready to debate the process between them next council day. Associated folio: 1. Warrant to the macers to prepare Grieve of Pinacle & Scot of Tushielaw & their advocates to be heard next council day.
	xi	Recommendation to the Chancellor to write to the Secretary of State concerning French prisoners being exchanged with Scots. Associated folio: 1. Written recommendation to the Chancellor
Subfolder [15^th June 1704] 4 items
1	15 June 1704	Sederunt & minutes of council – At Edinburgh. Summary of minutes + separate associated folios
	i	Letter from the Queen for adjourning Parliament read & recorded. Proclamation ordered to be recorded, published & printed.
	ii	Capt. Richard Maitland who seized & apprehended Mr Robert Davidson, a priest is recommended to the treasury. Associated folio: 1. Recommendation to the Treasury in favour of Capt. Richard Maitland
	iii	Petition given in by Mr Robert Davidson, imprisoned in Edinburgh tolbooth as a suspected papist, consents to be banished. Associated folio 1. Consent of Robert Davidson to his own banishment 2. Full petition of Mr Robert Davidson & decision of Council.
Subfolder [22^nd June 1704] 6 items
1	22 June 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Oath of Allegiance sworn, and Assurance signed by Andrew Wedderburn, Secretary Depute for Scotland
	ii	Petition given in by John Blair, son to Adam Blair Associated folio Full petition of John Blair & decision of council Warrant to the magistrates of Edinburgh for liberating Blair from Edinburgh tolbooth under bond & caution Bond for John Blair
	iii	Process of libel heard: John Grieve of Pinacle against Walter Scott of Tushielaw. Both defender & pursuer & their advocates appeared at the bar.
	iv	Recommendation to the Lord Advocate to write to the magistrates of Inverness to give up the post-master & all his papers. Associated folio Written note of the same
2	30 June 1704	Sederunt of Committee of Council for examining Sir George Maxwell & Capt. John Livingstoun who recently came from France. Warrant to imprison them in Edinburgh tolbooth.

9. MISC. ITEMS [4^TH – 28^TH July 1704] 19 items
1	4 July 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Lord Register present in council and qualified himself by swearing the Oath of Allegiance & subscribing the same along with the Assurance.
	ii	Petition given in by Robert of Carnwath Associated folio: Full petition of Robert of Carnwath
	iii	Process of libel heard; The Lord Advocate against McDonald of Clanranald & McDonald Benbecula. Both defenders appeared personally at the bar.
2	4 July 1704	Letters: Her Majesty’s Advocate against the Highland Clans dated 20^th March 1704 On reverse dated 4^th July: McDonald of Clanranald & McDonald of Benbecula both appeared personally at the bar
3	5 July 1704	Examination of William Gordon by the Committee anent the Plot
4	6 July 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Magistrates of Edinburgh to transport Sir George Maxwell & Capt. John Livingstoune from Edinburgh tolbooth to Edinburgh Castle Associated folio: Warrant for transporting Maxwell & Livingstoune to the castle Procedure of the committee concerning John Livingstoune
	ii	Commission in favour of the Marquis of Tweeddale to be commissioner & represent her Majesty’s royal person
5	20 July 1704	Sederunt & minutes of council – At the council chamber, Edinburgh. Summary of minutes + separate associated folios
	i	Warrant liberating George Maxwell from Edinburgh Castle Associated folio: Full warrant for the same
	ii	Warrant liberating Capt. John Livingstoune from Edinburgh Castle Associated folio: Full warrant for the same
	iii	Recommendation to the treasury to pay DeLaLoun 9d Scots per day for as long as he remains in prison
6	20 July 1704	Sederunt & minutes of council – At Holyroodhouse, Edinburgh. Summary of minutes + separate associated folios
	i	Recommendation to the Lord Advocate to call for & examine a skipper & his crew Associated folio: Written recommendation for the same
	ii	Lords Annandale & Argyle appointed as a committee to call for & examine George Maxwell Associated folio: Written note for the same
	iii	Lord Advocate to call for Barclay, Hay & Thomson to appear before the council Associated folio: Written recommendation for the same
	iv	Earl of Cromarty to write to the Secretary of State for England & the Admiralty concerning French prisoners in Canongate & Leith Associated folio: Written recommendation for the same
	v	Petition given in by the magistrates & town council of Dundee & Montrose Associated folio: Full petition of the magistrates & town councils of the burghs of Dundee & Montrose concerning ships bound for London loaded with linen cloth.
	vi	Warrant to the magistrates of Edinburgh & Leith to search ships coming into the kingdom Associated folio: Warrant for searching the ships for passengers come from abroad.
7	28 July 1704	Sederunt & minutes of council – At Holyroodhouse, Edinburgh. Council called extraordinary. Summary of minutes + separate associated folios
	i	Warrant for transporting Alexander Gibb, a priest. Associated folio: Full warrant for transporting Gibb on enacting himself never to return on pain of death

10. MISC. ITEMS [7^th – 30^th November 1704] 46 items
1	14 November 1704	Sederunt & minutes of council – Council called extraordinary. Summary of minutes + separate associated folios
	i	Petition given in by John Wauchop
	ii	Act of council at the instance of Barbara Cockburn against James Dallas, her spouse Associated folio: Letters: James Dallas against Cockburn & his spouse [the mother and father of Barbara Cockburn] dated 11^th November 1704 Instrument of Intimation by Robert Broun Carrick for witnesses to appear before the council. Dated 11^th November 1704 Instrument of intimation by Robert Broun Carrick passed to Capt. William Cockburn. Instrument of Intimation by John Hoge, macer to the Privy Council, passed to James Dallas to appear before the council. Dated 10^th November 1704 Instrument of Intimation by John Hoge, macer to the council passed to witnesses cited to appear before the council. Dated 10^th & 13^th November 1704
2	14 November 1704	Interlocutor in the affair Breadisholme, older & younger
3	14 November 1704	Protestation for not producing suspension in the process John Blair against Mr Richard Waddell, late Dean of St Andrews. ‘The protestatione being called and the suspendar not comoearing, the counsell admits protestaion for not producing the suspensione superseding extract till Tuesday next, betwixt and which time the suspension may be produced.‘
4	11 November 1704	Representation [printed] of James Murehead of Breadisholme, younger to the Earl of Seafield and the Privy Council
5	9 November 1704	Sederunt & minutes of council – At the council chamber. Summary of minutes + separate associated folios
	i	Oath of Allegiance sworn & the Assurance signed by the Earl of Seafield.
	ii	Oath of Allegiance sworn & the Assurance signed by the Marquis of Annandale
	iii	Commission in favour of Earl of Leven read & ordered to be recorded. Associated folio: Full commission in favour of Leven [in Latin]
	iv	Commission in favour of William Bennet, younger of Grubet, to be Muster Master General of the standing forces, read & ordered to be recorded.
	v	Petition given in William Bennet of Grubet Associated folio: Full petition of William Bennet
	vi	Report of the committee appointed to consider the process if Grieve of Pinacle against Scott of Tushielaw
	vii	Petition given in by […] slave in Algiers together with a representation given in by Mr David Williamsone Associated folio: Representation by David Williamsone, minister at the Westkirk concerning captives in Algiers
	viii	Council considers an interlocutor dated 28^th July 1702
6	9 November 1704	Roll of business
7	9 November 1704	Petition of Patrick Chalmers
8	9 November 1704	Petition of Robert Scott & Andrew Wauch, present Baillies of the burgh of Selkirk
9	9 November 1704	Recommendation to the Lord Advocate to write to Patrick Ogilvie concerning Irish victual and sending 40 foot & 20 dragoons to the West coast.
10	7 November 1704	Sederunt & minutes of council – At the council chamber. Summary of minutes + separate associated folios
	i	Sir Patrick Johnstoune received & admitted as a privy councillor: qualified himself by swearing the Oath of Allegiance & subscribing the assurance
	ii	Oath of Allegiance sworn and subscribed along with the Assurance by John Earl of Roxburgh
	iii	Oath of Allegiance sworn and subscribed along with the Assurance by John Earl of Rothes
	iv	Oath of Allegiance sworn and subscribed along with the Assurance by David Earl of Leven
	v	Recommendation to the Treasury in favour of Robert Grierson & James Hunter Associated folio: 1. Recommendation to the Treasury in favour of Grierson & Hunter for five hundred merks as their premium for apprehending James Innes, a priest.
	vi	Warrant for giving a commission in favour of Adam Drummond to be Steward of Strathern Associated folio: 1. Written warrant for the same
	vii	Committee appointed to consider the letter received from the magistrate of Dumfries concerning false coins & coiners.
	viii	Petition given in by the Commissioners of Supply for Elgin & Forres Associated folio: Supplication of the commissioners of Supply for the shire of Elgin and Forres and decision of council – additional written note recommending the committee appointed to consider the petition to meet the following day and report to the council, dated 16^th November 1704
	ix	Petition given in by James Donaldsone Associated folio: Full petition [printed] of James Donaldson, merchant in Edinburgh concerning the setting up of a manufactory for making arms & other things relating to Smith-craft
	x	Petition given in by Sir Frances Scot of Thirlestane Associated folio: Full petition of Sir Francis Scot of Thirlestane
	xi	Petition given in by Barbara Cockburn Associated folios: Petition of Barbara Cockburn & decision of council Inventory of paraphernalia & other things belonging to Barbara Cockburn Act in favour of Barbara Cockburn for citing her husband.
	xii	Petition given in by the Lord Provost, magistrates and town council of Edinburgh Associated folios: Full petition of the same
11	7 November 1704	Warrant granting Sir James Dalrymple the sole privilege of printing, binding and selling a book titled Collections concerning the Scottish History preceeding the Death of King David the first In the year One thousand one hundred and Fiftie three, wherein the soveraignity of the Croun and the Independency of the Church is cleared with ane account of the antiquity and purity of the Scottish Brittish Chirch and the Novelty of popery in this Kingdome.
12	7 November 1704	Petition of William Paton of Panholls and his tenants against the Earl of Perth & others & decision of council.
13	7 November 1704	Roll of council business
14	15 November 1705	Depositions of witnesses for Barbara Cockburn
15	16 November 1704	Sederunt & minutes of council – At the council chamber. Summary of minutes + separate associated folios
	i	Report of the committee in the affair of the Laird of Edmondstone read and approved.
	ii	Verbal report heard from the committee in the affair between James Dallas of St Martins & Barbara Cockburn, his spouse
	iii	Recommendation to the committee anent False coining & coiners to meet the following day at 3pm. Associated folio: Written recommendation of the same
	iv	Verbal report heard from the committee appointed to consider Capt. Donaldsone’s petition.
	v	Recommendation to the committee anent the commissioners of the shire of⁴ to meet the following day at 3pm and report the next council day
	vi	Representation by the Lord Advocate informing he had received a letter & Information from the Moderator of the synod of Murray concerning the increase of popery, priests & trafficking papists. Associated folio: 1. Recommendation to the Lord Advocate to write to Capt. Grant concerning priests in Murray
	vii	Petition given in by James Muirhead of Braidisholme, younger. Associated folios: 1. Act in favour of James Muirhead, younger against his Father 2. Interlocutor in the process between Braidisholme younger & elder
16	16 November 1704	Execution of poinding at the instance of Andrew Johnstone of Knockhill
17	20 & 21 November 1704	Written consent of several ‘whores & thieves’ agreeing to go to Maryland as servants with Capt. William Hutcheson
18	21 November 1704	Letter Langholm 21^st November 1704 From Jo. Melvill concerning false coining
19	23 March 1704	Sederunt & minutes of council – At the council chamber. Summary of minutes + separate associated folios
	i	Petition given in by John Turnbull & John Gibsone Associated folio: 1. Full petition of Gibson & Turnbull
	ii	Representation from the Lord Advocate that one […] Deans was shot through his door by some dragoons in Langtoun Associated folio: 1. Warrant for apprehending some dragoons for killing a man at Langtoun
	iii	Petition given in by Elizabeth Haliburton, prisoner in Edinburgh tolbooth – sentence of death commuted to transportation to the American plantations Associated folio: 1. Full petition of Elizabeth Halyburton & decision of council
	iv	Petition given in by Master Patrick Ogilvie Associated folio: 1. Full petition of Mr Patrick Ogilvie
	v	Warrant granted to William Paton of Panholls
	vi	Libel heard raised by Alexander Davidsone against James Hamiltone & others with a further libel raised by James Hamiltone & John Duff against Alexander Davidsone Associated folio: 1. Depositions of the witnesses for Davidson of Gight
	vii	Committee appointed for better regulating the complaints of pressed men Associated folio: 1. Warrant anent pressed men & soldiers

11. MISC. ITEMS [28^th – 29^th November 1704] 6 items
1	28 November 1704	Sederunt & minutes of council – At the council chamber. Summary of minutes + separate associated folios
	i	Petition given in by James Donaldson, merchant in Edinburgh
	ii	Representation from the Lord Advocate that he had received a letter from the Magistrates of Glasgow
	iii	Memorial given in by Alexander Davidsone, younger Associated folio: Letters: Davidsone of Gight against Hamiltoune & Duff
	iv	The committee appointed to consider the matter between Barbara Cockburn and her husband to meet the following day at 3pm, to examine the witnesses for both parties and report back to the council Associated folio: Written recommendation for the same
	v	John Melvill recommended to the Treasury for payment of 3 pounds sterling for apprehending false coiners
	vi	Petition given in by Capt. William Hutchisone of Maryland Associated folio: Interlocutor upon Capt. Hutchesone’s petition Full petition of Capt. W. Hutchesone
2	28 November 1704	Roll of council business

12. MISC. ITEMS [30th November 1704] 8 items
1	30 November 1704	Sederunt & minutes of council – At the council chamber. Summary of minutes + separate associated folios
	i	Consideration of the mutual process between Alexander of Gight, younger against Hamiltoune of Cobairdy and John Duff Associated folios: 1. Scroll decree of Absolvitor: Hamiltoune of Cobairdy & John Duff against Davidson of Gight 2. Full petition of Alexander Davidsone against Cobairdy & Mr Duff 3. Letters of Reconvention, Hamilton & Duff against Davidsone 4. Second full petition [printed] of Alexander Davidson of Gight 5. Full petition [printed] by way of answer for Alexander Davidson younger of Newtoun now of Gight against James Hamilton of Cowbardie & John Duff, Messenger 6. Petition of James Hamilton & John Duff 7. Objections [printed] for James Hamilton & john Duff against Richard Melvill, William Henry & Janet Black. Witnesses offered by Alexander Davidson of Gight, in his process before the Privy Council against Him 8. Answers [printed] for James Hamilton of Cowbardie, and John Duff, messenger in Aberdeen; To the Council complaint raised by Alexander Davidson, designed younger of Newtoun now of Gight 9. Interrogators for the witnesses for Alexander Davidsone of Gight against James Hamilton & others 10. Answers [printed] for Alexander Davidson of Gight to the Reconvention raised at the instance of James Hamilton & John Duff before the Council 11. Depositions for Hamilton & Duff 12. Witness depositions for Hamilton & Duff 13. Roll of parties & witnesses in the Reconvention for Hamilton of Cobairdy 14. Memorial for Alexander Davidson, Younger of Newtoun, now of Gight against James Hamilton of Cowbardie & others 15. Roll of parties & witnesses in the process of libel Davidsone of Gight against Hamiltone of Cobairdy & others
	ii	Verbal report from the Earl of Leven concerning the process between Capt. Donaldsone, merchant in Edinburgh and the Hammermen
	iii	Petition given in by the Magistrates & Town Council of Annan concerning customs & duties to be exacted when crossing the bridge over the River Annan Associated folio: 1. Full petition of the Magistrates & Town Council of Annan
	iv	Petition given in by James Dallas of St Martins Associated folio: 1. Full petition [printed] of Mr James Dallas of St Martin & decision of council
	v	Petition of the Countess of Sutherland read in council & the same to be seen and answered by the Viscountess of Arbuthnot

13. MISC. ITEMS [4^th – 31^st August 1704] 25 items
1	7 August 1704	Sederunt & minutes of council – At Holyrood House, Council called extraordinary Summary of minutes + separate associated folios
	i	Warrant for transporting French prisoners taken on board the Dunkirk privateer Associated folios: 1. Full warrant for bringing the French prisoners ashore and detaining half in the Leith tolbooth & half in the Canongate tolbooth 2. Warrant to the Clerks of Council to deliver the Commission & Instructions concerning the French Privateer to the Clerk of Admiralty upon receipt 3. Recommendation to the Lord High Commissioner, the Lord Chancellor & Secretary to write to court anent the French prisoners
	ii	French prisoners to be received at Newcastle & detained there
2	24 August 1704	Testificate of Mr George Strachan
3	26 August 1704	Deposition of the owners the ship the Worcester and their Petition submitted to the Queen
4	30 August 1704	Sederunt & minutes of council – At Holyrood House Summary of minutes + separate associated folios
	i	Petition given in by Capt. Neill McLeod & Charles McKinnon, prisoners in the tolbooth of Edinburgh Associated folio: 1. Petition [printed] of Capt. Neil Mccleod and Charles McKinnon, prisoners in the tolbooth of Edinburgh – liberated under bond & caution
	ii	Petition given in by John Steill, son to Patrick Steill Associated folio: 1. Petition for John Steill
	iii	Petition given in by Capt. John Livingstoune of her Majesty’s Royal regiment of foot Associated folio: 1. Petition of Capt. John Livingston requesting a review of his sentence of banishment 2. Declaration by physicians in favour of John Livingstoune ‘he hath all the signes of Ulcers in his kidney’s and is so weak and Decayed that We think him altogether unable to undertake any Voyage or Journey till by good Dyet and some medicines he recover more strength‘.
	iv	Petition given in by William Gordone, late factor at Paris Associated folio: 1. Petition of William Gordone concerning a pass to transport his ship and goods from France to Scotland
	v	Petition given in by Robert Gray, younger, skipper in Leith and prisoner in Dunkirk Associated folio: 1. Petition for Robert Gray requesting he and two of his men be exchanged for French prisoners held in Scotland
	vi	Recommendation to the Treasury to call for Alexander MacDonell of Glengarry that he may inform them of the damages sustained by him in his houses of Invergarry & others by the garrison there. Associated folio: 1. Petition of Alexander MacDonell of Glengarry
	vii	Personal protection granted to Alexander McDonell of Glengarry Associated folio: 1. Extract of Protection in favour of Alexander MacDonnell
	viii	Recommendation to the Treasury to agree for a ship go from Leith to Newcastle with the French prisoners held in Canongate & Leith tolbooths Associated folio: 1. Recommendation to the Treasury to hire a ship to carry the French prisoners to England
	ix	Petition given in by the Commissioner of the Genral Assembly Associated folio: 1. The address of the Ministers and Ruling Elders, members of the Commission of the General Assembly requesting a day be appointed for solemn Thanksgiving and prayer. 2. Warrant for a Thanksgiving day
	x	Petition given in by the Countess Dowager of Sutherland and Lady Ann Arbuthnot, sister to the Viscount of Arbuthnot & others
	xi	Petition given in by Patrick Smith concerning a more efficient method of brewing Associated folio: 1. Petition of Patrick Smith requesting ‘the libertie of communicateing this his Secret to such Malsters and Brewers in the Kingdome as shall think to dry their malt after the manner prescrybed be him at such reasonable pryces and they and he can agree, and to restrain all others from drying malt according to that prescription without licence from their petitioner.‘
	xii	Petition given in by James Clark, engraver to the mint Associated folio: 1. Petition of James Clark requesting renumeration for cutting the seals and signets of Council & session – recommended to the Treasury
	xiii	Petition given in by the macers of the Privy Council
	xiv	Petition given in by Thomas Kennedy & John Johnstoune, keepers of parliament house Associated folio: 1. Petition for the keepers of the parliament house who are recommended to the Treasury for ‘some Gratuity for their Extraordinary attendance the last Session of parliament‘.
	xv	Committee appointed for public occurrences Associated folio: 1. List of the appointed committee members
5	30 August 1704	Roll of council business
6	30 August 1704	Further Reasons for Breadisholm, Younger, In answer to his father’s Representations [printed]
7	31 August 1704	Letter and Petition to the Queen anent the East India ship from Alexander Wedderburn Dated, Windsor 31st August 1704 Read in council 5th September 1704

14. MISC. ITEMS [4th – 28th September 1704] 24 items
1	4 September 1704	Sederunt & minutes of council – At the Council Chamber, Edinburgh Summary of minutes + separate associated folios
	i	Council orders the liberation of Peter DeLaCour, the Frenchman imprisoned in the tolbooth of Edinburgh Associated folio: 1. Warrant for liberating Peter Delacour
	ii	Representation by the Duke of Argyle concerning the affair of the garrison at Glengarry at the house of McDonald of Glengarry Associated folio: 1. Recommendation in favour of the Duke of Argyle
	iii	Subsistence granted to James Muirhead of Braidisholme Associated folio: 1. Interlocutor in the affair between Braidisholme, elder & younger
	iv	Recommendation to Lt. Gen. George Ramsay, commander in chief of her majesty’s forces Associated folio: 1. Recommendation to Lt. Gen. Ramsay to send abord ten sentinels and one sergeant aboard a ship for carrying & securing the French prisoners to Newcastle
	v	Petition given in by Robert Gray, younger, skipper in Leith now prisoner in Dunkirk Associated folio: 1. Petition of the Robert Gray concerning a prisoner exchange with the three French prisoners [see entry vi below]
	vi	Council appoint & ordain the French prisoners [except Jacobus Soetenay, Gerardt Druive & Jacob Strobbie, who will remain in prison] to be put aboard the ship belonging to Archibald Drummond, lying in Leith. (Soetenay, Druive & Strobbie were later part of a prisoner exchange – see 3^rd October 1704, item 1.xvii) Associated folio: 1. Warrant for transporting the French prisoners to Newcastle
	vii	Orders to Capt. Gordon to sail to Newcastle Associated folio: 1. Full written orders to Captain Thomas Gordon
	viii	Petition given in by Thomas Kennedy & David Miller Associated folio: 1. Full petition of Kennedy & Miller
	ix	Petition given in by the servants of the Exchequer Associated folio: 1. Full petition of the servants of the Exchequer [filed in folder dated 5th September 1704]
	x	Petition given in by the macers of session Associated folio: 1. Full petition of the ordinary macers before the Lords of Council & Session [filed in folder dated 5^th September 1704]
	xi	Petition given in by the servants of the six clerks of parliament Associated folio: 1. Petition of the six clerks of parliament – recommended to the Treasury for an allowance
	xii	Warrant for breaking the Great & Quarter Seals Associated folio: 1. Written warrant for the same
2	4 September 1704	Roll of council business
3	5 September 1704	Sederunt & minutes of council – At the Council Chamber, Edinburgh Summary of minutes + separate associated folios
	i	Mistress Anderson, her Majesty’s printer ordained to sell the Acts of the last session of parliament for 20 shillings Scots Associated folio: 1. Warrant to Mistress Anderson to sell the Acts of Parliament
	ii	Council heard a letter from the Secretary Depute & hancellor
	iii	Council appoint & ordain the captain of the French privateer taken by Capt. Gordon to be shipped aboard Archibald Drummond’s ship with the rest of the French prisoners Associated folio: 1. Warrant for the Captain of the French privateer taken by Captain Gordon to transport himself with the rest of the French prisoners to Newcastle [later note on minutes records that this order was recalled]
	iv	petition given in by Janet Buchanan Associated folio: 1. Petition given in by Widow Turpe concerning a voluntary collection for her son who is enslaved in Algiers
	v	Recommendation to the Lord High Chancellor concerning the French prisoners Associated folio: 1. Recommendation to the Lord High Chancellor to write to the court concerning an English ship seized in the road of Leith by order of the Company of Scotland trading to Africa & the Indies
	vi	Commission for trying & judging John Roy & others for murder Associated folio: 1. Commission for trying & judging John Roy, Elspeth Tulloch & Jannet Dallas for murdering children
4	5 September 1704	Decreet the Procurator Fiscal of Hoddom against Richard Bell and James Roddick
5	16 September 1704	Instrument William Cockburn against Mr James Dallas
6	25 September 1704	Double Bill of Suspenson & libel John Chalmers against James Stewart
7	28 September 1704	Act of admission for Mr John Kennedy to be minister of Peterculter

15. MISC. ITEMS [3^rd – 28^th October 1704] 34 items
1	3 October 1704	Sederunt & minutes of council – At the Council Chamber, Edinburgh Summary of minutes + separate associated folios
	i	Letter from the Queen to the Council for adjourning Parliament
	ii	Representation from the Lord Advocate concerning the ‘witches’ in Pittenweem and the examination of Isobell Adam ‘said to be the most notorious witch’ Associated folio: 1. Recommendation to the Lord Advocate to set at liberty Isobell Adam, suspected of witchcraft
	iii	Examination of James Innes, an alleged priest Associated folio: 1. Warrant for banishing Mr James Innes, a priest
	iv	Several men accused of theft in the tolbooth of Peebles to be sent as soldiers to Flanders Associated folio: 1. Warrant for disposing of thieves now at Peebles to be Soldiers 2. Extract of the Magistrates of Peebles sentence against John Murray & other ‘thieves’
	v	Representation of the the Lord Advocate concerning several prisoners in the tolbooth of Edinburgh in danger of starving Associated folio: 1. Act anent poor prisoners for payment of aliment & house dues 2. Warrant anent the payment of the aliment & house dues of prisoners
	vi	Recommendation to the Lord Advocate to write to the Duke of Gordon & McIntosh of Borlam , baillie concerning the garrison at Fort William Associated folio: 1. Written recommendation of the same
	vii	The Lords of Council recall the Commission granted to Lodwick Cant younger of Thurstoun for hindering the import of English victual Associated folio: 1. Warrant discharging Thurlestane’s commission
	viii	Recommend to the Lord Advocate to write to Mr Patrick Ogilvie to go to the West Country, to attend the Execution of his Commission against the import of Irish victual. Associated folio: 1. Recommendation to the Lord Advocate & General Ramsay concerning Mr Patrick Ogilvie
	ix	Petition given in by James Muirhead of Braidisholme, elder Associated folio: 1. Petition of James Muirhead of Broadisholme concerning a request for aliment from his father’s Estate & decision of council
	x	Petition given in by Alexander Grant, younger of that ilk Associated folio: 1. Full petition of Alexander Grant concerning his commission to be sheriff principle of Inverness
	xi	Petition given in by the macers of council Associated folio: 1. Petition of the macers of council concerning difficulties in carrying out certain duties due to the death of their predecessor
	xii	Petition given in by Jacobus Soetenay, Gerardt Druive Associated folio: 1. Full petition of Jacobus Soetenay, Captain of the Marmedon privateer, concerning the prisoner exchange – Gerardt Druive, the petitioner’s lieutenant, to be liberated from the tolbooth under bond/caution & permitted to return untroubled to Dunkirk [in exchange for Robert Gray & his men]
	xiii	Magistrates of Edinburgh ordained to liberate Peter Aggat, commander of the Fox of Dunkirk Associated folio: 1. Recommendation to the Lord Advocate to set at liberty Capt. Peter Aggat
2	6 October 1704	Declaration of Mr James Innes of what he gave to Mr Riddell, minister to be kept for him
3	8 October 1704	Letter Aberdeen 8th October 1704 To the Privy Council from John Allardyce
4	8 October 1704	Letter Peterhead 8th October 1704 To John Allardycer, Collector of her Majesty’s customs from William Arbuthnot
5	8 October 1704	Letter Aberdeen 8^th October 1704 To the Lord Advocate from the provost & baillies of Aberdeen – letter to be communicated to the council
4	13 October 1704	Letter Dupplin House 13th October 1704 To Master James Greame of Newtone from Dupplin
5	16 October 1704	Commission in favour of John Earl of Roxburgh to be one of the Secretaries of State [booked: 5 December 1704] – written in Latin
6	16 October 1704	Commission in favour of the Earl of Tweeddale’s to be Lord High Chancellor of Scotland [booked: 5th December 1704] – written in Latin
7	17 October 1704	Commission in favour of George Baillie of Jerviswood to be Treasurer Depute [booked: 5 December 1704] – written in Latin
8	17 October 1704	Commission in favour of the Earl of Rothes to be keeper of the Privy Seal [booked: 5th December 1704] – written in Latin
9	17 October 1704	Commission in favour of William Hamilton of Whytlaw to be Lord Justice Clerk [booked: 5^th December 1704] – written in Latin
10	17 October 1704	Commission in favour of James Earl of Seafield to be one of the Secretaries of State [booked: 5^th December 1704] – written in Latin
11	17 October 1704	Copy of commission in favour of Captain William Bennet to be Muster Master General of the forces [booked: 9 November 1704]
12	16 October 1704	The confession of Janet Dowlach, in the presence of a minister of the Gospel, Gentlemen & other good witnesses ‘that she committed the malefice upon David Spalding younger of Ashintullie by speaking some words and casting a knott.’
13	24 October 1704	Letter Dumfries 24th October 1704 To the Privy Council from Thomas Rome & Robert Corbett concerning the examination of David Ross, chapman
14	28 October 1704	Roll of council business
15	28 October 1704	Roll of the witnesses in the process of John Chalmers, Procurator Fiscal of Elgin, against James Stewart, Baillie in Elgin
16	28 October 1704	Petition of Archibald Brown, prisoner in the tolbooth of Edinburgh
17	28 October 1704	Answers [printed] for James Stuart, and the Magistrates of Elgin, To the Council-Complent at the instance of John Chalmers
18	28 October 1704	Examination & Interrogation of David Bell concerning his alleged correspondence with false coiners & passing of bad money

1. First name omitted. Recorded as ‘James’ in A1704/1/38.

2. Partially obscured by ink mark

NRS, PC12/17 1702–1704 (box 5) – Inventories of Miscellaneous Boxes

Posted on May 9, 2024 by Philip Ward

NRS, PC12/17 1702-1704 (box 5) – Inventories of Miscellaneous Boxes

Royal Letters, Feb 1702 – Dec 1703 [25 items]
8 Aug 1702	Anne to LPC, orders for dissolving parliament. Recorded in PC registers 14 August 1702. ‘And Wee considering that Wee are engaged at present in a most just and necessary war against France and Spain and that by acts past in the parliaments both of Scotland and England Wee are impowered and doe intend forthwith to nominate Commrs to treat of ane Union between these our Kingdomes and of other things … For which cause and that Wee judge it necessary there should be a parliament in being that may meet when Wee find the occasiones of that our kingdome shall require it and so soon as the circumstances of our affairs will admit Wee have thought fit to signify to you that Wee are resolved speedily to indict a new Parliament; and this our Royal intention you are to publish and make known to our good Subjects for doing of all which this shall be your Warrant’.
12 May 1702	Anne to LPC, adding Major General George Ramsay, ‘commander in chief of our forces’ to the Privy Council. Recorded 29 May 1702.
11 Feb 1702	Anne to LPC. Revoking previous orders for Viscount Teviot’s regiment to march into England. Read and recorded 16 Feb 1702.
15 May 1702	Anne to LPC. Recorded 21 July 1702. Military orders. Concerning commissions granted for ‘a Regiment of Dragoons and Two Regiments of foot in place of these sent into Holland’. Orders given to LPC to recruit more members for these regiments, and for them to be provided with ‘Arms out of our Magazines’. Further orders to merge the two troops of Viscount Teviot’s dragoons into one troop, ‘To be designed in time coming Our Troop of Grenadier Guards’. Orders to take one man out of each company of Brigadier Maitland’s regiment to augment the garrison at Edinburgh Castle.
15 May 1702	Anne to LPC. Orders to apprehend Captain Simon Fraser, ‘guilty of several very enormous crimes’. Recorded 16 July 1702.
12 May 1702	Anne to LPC. Extending adjournment of parliament. Adjourned 19 March to 26 May – now 9 June. Recorded 21 May 1702.
25 June 1702	Anne to LPC. Orders removing Charles, Earl of Selkirk from ‘the offices of Clerk of our Registers and Rolls … as likewise from being of our Privy Council or Exchequer’. Queen is ‘dissatisfied’ with his conduct. Recorded 2 July 1702
[recorded] 25 Sept 1702	Anne. Orders that members of the Privy Council, Exchequer and Treasury not invited to be commissioners to discuss Union shall not leave Edinburgh, and will all attend regular meetings of these offices to ensure there is a sufficient quorum, ‘as may be for the entire securitie of our Government, and the satisfaction of our good subjects’.
13 Oct 1702	Anne. Parliament had been appointed to next meet 12 November; orders to delay this as negotiations for Union are ongoing. Parliament is now adjourned until 6 April 1703. Recorded 27 Oct 1702.
8 March 1702	Anne. Authorising the Privy Council to continue to meet as they did under William; shall send a new commission to this effect shortly. In the meantime LPC is authorised to publish this letter as a proclamation. Recorded 12 March 1702.
3 Feb 1702	William. Military orders for Viscount Teviot, Colonel Row and Col. Fergusson. Recorded 9 Feb 1702.
12 May 1702	Anne. Orders LPC to publish a proclamation declaring war against France and Spain; all correspondence with subjects of France and Spain is prohibited. Recorded 29 May 1702.
31 Dec 1702	Anne. Orders allowing recruitment for two battalions of foot currently in Holland under the command of the Earl of Orkney. Recorded 14 Jan 1703.
31 Dec 1702	Anne. Appointing William, Earl of March to the Privy Council. Recorded 21 Jan 1703.
17 Dec 1702	Anne. Appointing John, Earl of Tullibardine to the Privy Council. Recorded 26 Jan 1703.
4 Feb 1703	Anne. Orders to enquire into a petition sent to the monarch by inhabitants of parish of Haddington, concerning ‘a Complaint of injuries and encroachments made upon them’. LPC to prevent disturbances in that parish, and to report back. Recorded 22 April 1703.
4 Dec 1703	Anne. Extending adjournment of parliament from 16 Dec to 22 Feb. Recorded 9 Dec 1703. Recorded 9 Dec 1703.
29 Jan 1703	Anne. Orders to encourage recruitment of soldiers for ‘our six Regiments of foot … now in the service of our allies the States General’. Recorded 24 Feb 1703.
18 Feb 1703	Anne. Appointing William, Lord Haddo, to Privy Council. Recorded 9 March 1703.
5 Feb 1703	Orders for the General Assembly (dissolved suddenly in March 1702 because of news of William’s illness) should meet again 10 March 1703. Recorded 16 Feb 1703.
19 Mar 1702	Anne. Extending adjournment of parliament from 14 May to 26 May. Recorded 23 March 1702.
1702	Scrap, ‘‘To His Grace The Earl of Marchmont, His Majestie’s Commissioner to the Generall Assembly at Edinburgh’. Blank.
19 Mar 1702	Anne. Thanking LPC for their assurances of loyalty and for their loyalty to William during his reign. Recorded 23 March 1702. Orders that ‘all persons in publick trust both civill and Military’ qualify themselves by swearing the oaths of Allegiance and Assurance. Orders for regiments commanded by Colonel Row and Colonel Fergusson to be sent to England, unless LPC think it necessary for them to remain in Scotland.
25 Aug 1702	Anne. Orders to issue proclamation announcing date of next parliament as 12 November 1702. Recorded 8 Sept 1702.
7 Mar 1702	Letter from Queensberry, Mar, Hyndford and Argyll, to unknown, ‘Kensington, March 7^th at 11 a clock at night 1701/2′. Explaining William’s deteriorating condition after his fall when hunting. ‘We think it our duty to acquaint your Lordship, and the Lords of His Majestie’s Privie Councill, with the dangerous circumstances of his Majestie’s health … His physicians have now given there opinion to the lords of the privie Councell here and to us, that his life is in great danger … We thought it necessary to acquaint your lordships, that you may give such directions as yow shall think proper for the peace & quiet of the Kingdome’. Suggests that Brigadier Maitland at Fort William be updated on the situation ‘that he may be on his Guard’. Asks recipient to communicate all this ‘to the lords of his Majesties privie Councell, who will best know what is to be done in this extraordinary juncture’.
2. Misc. material (some printed), 1702-1703; lists of papists 1702 and undated.
[1702]	Act of Privy Council Allowing the continuing of the former Seals, Signets and Cashet until renewed, and sustaining all Letters and Diligences, preceeding the 13 instant (Edinburgh: Andrew Anderson, 1702) Confirms that with Anne’s succession ‘there is no Interruption in the Government; They Declare and Ordain, that all the saids Seals, Signets and Cashets, shall be continued’.
14 May 1702	Anne. Orders for the apprehension of John Skinner, intruder at Brechin, for not swearing the oaths of allegiance and assurance. Skinner is to be punished according to the law and prevented from possessing the church at Brechin or any other church.
8 Mar 1702	Lords of the Privy Council, Whitehall, to Parliament. Letter written hours after WIII’s death. Says that Anne summoned everyone to St James’s where she took the coronation oath. ‘Her Majestie was thereafter pleased to signe the letter and Proclamation herewith sent to your Lops and did leave it to us to signify to your Lops that it is her pleasure that before Publishing the foresaid Proclamation … [need to formally proclaim Anne Queen of Scotland according to the traditional customs before printing the proclamation]. Mentions that Anne asks about the Act for the Security of the Kingdom (17^th Act of the 6^th session of parliament); asks if it’s ‘indispensably necessary that the Parliament should meet within twenty days after this’ – given that she’s just ascended the throne, has a lot to do etc. ‘We did think that it was clear by the Act that it was her Maty’s Prerogative to adjourn the Parliament to a longer time’ – they explain that this is clearly permissible as set out by the terms of the act. Finally, ‘HM does leave it to your Lops to consider if it be necessary for the security of the Government that for some short time the Regiments commended by Col Rowe and Col Fergusson be stopt, if they be not already sailed. But if you think there be no appearance of present danger HM inclines they be dispatched conform to former orders being immediately thereafter Resolved to grant new Commissions for Regiments to be [1w – faded] in their place. We have given you this account by her Maty’s Command, And we are, My Lords, your Lops most humble servants’
28 July 1702	Minute extract of act in favour of John Sinclair and others, signed by Gilbert Eliot. Concerns a petition ‘given in to [LPC] by John Sinclar, Andrew Sinclar, William Linklater, Donald B[r?]ebner, Sevan[?] Warrs & Patrick Kennedy, Tennents in Stroma’. Later in the letter Stroma noted to be ‘ane Island lying betwixt Caithness & Orkney’. These men received a citation ‘given them at the Instance of Sir Alexander McKenzie’ to bear witness in the complaint at his instance against Sinclar of Ratter. Accordingly they came to Edinburgh at the start of June, but they were only heard ‘Friday last’, ‘which has putt them to great Charges & Expenses’. LPC determine that ‘Sir Alexander McKenzie of Broomhill to pay to the above Petitioners, Eight Shilling Scots per diem, from the fifteenth day of May last bypast to the fifteenth day of August next to come for their Expenses in bringing them over as witnesses, In the Process at his Instance against Rattar’.
25 Aug 1702	Anne. Recorded 24 Sept 1702. ‘Whereas we understand that John Frazer brother to Captain Simon Frazer of Beaufort and other persons associated with him, have committed severale Insolencies and disorders by Convocating our Leidges in a hostile manner, and Burning and Pulling doun houses belonging to the Lady Dowager of Lovat and her daughter, To the great Contempt of our authority and disturbance of the publick Peace … Authors of such disorders should be brought to condigne Punishment’ LPC authorised to ‘Apprehend and sease the said John Frazer or any associated with him, and bring them to Tryall, that the Lawes may be put to due Execution against them, And you are to Imploy such of our Forces as you shall think necessary for securing the Peace of those parts, and for Preventing all further trouble and molestation to the said Lady Dowager of Lovat or her daughter for doing whereof’.
12 Nov 1702	Extract of ‘Warrand to the Clerks to delyver up to Lieu Coll Erskine the wrytes of the estate of Kincardin and a Committee anent Tulliallan’.
[nd]	Unto the Right Honourable the Lords of Her Majesty’s Privy Council, The Petition of Alexander Earl of Kincardine, and Sir George Hamilton of Tulliallan (np, nd). Lieutenant Colonel Erskine has requested the delivery of the charter chest of Kincardine, because he’s purchased the estate. Petitioners here request that the council do not give the chest to Erskine, because both the earl of Kincardine and Sir George Hamilton retain claims to the estate. [Not listed on ESTC]
[23 Dec] 1702	Instrument in favours of Mr George Chephame. ‘George Chephame, minister of the Gospell at Newhile[?] – moderator of the united Presbyteries of Dundee, Meigle & Forfar. Compeared before Thomas Millar (notary and author of the note) and 2 witnesses [signed], ‘And there the said Mr George Chephame past to the several doors of the said Church of Eassie receive and successive after oyrs, And in respect that the saids Church Doors were shut and locked, he Required & Desired the Beddall or any of that had the Custody and keeping of the keyes thereof, to make the samen patent and open to the said Presbytrie in order to their ordaining & admitting of Mr Adam Davidsone preacher of the Gospell to be Minister of the united Parochines of Eassie and Nevoy, who had got a Call thereto from the said Presbytrie But in regard that none Compeared to open the saids Church Doors, and tht the said Presbyterie could get no access to the said Church, the said Mr George Chaphame … (after he had given three several knocks upon each of the saids church doors) asked and took Instrument … all done … in presence of John Murdoch merchand in [?] and David Miller Glover there with several others witnesses specially called and required to the premises’. [Ends].
29 Dec 1702	Instrument taken at the Church doors of Auchterhouse. ‘The which day the presbytery being mett for the ordination & Admission of Mr Patrick Johnstone preacher of the Gospell to be minister of Auchterhouse, and the presbytery finding the several Church doors to be shut, the Modr in their name went & knocked at each door three several tymes requiring the Beddall to make the samen open, but he not compearing the Modr took Instruments in the hands of the Clerk to the presbytery before these witnesses Mr Hew Maxwell and Mr James Robertsone preachers of the Gospell.’ [Ends]
30 Dec 1702	Instrument taken at the Church doors of Essy, 30 Dec 1702 ‘The which day the presbytery being mett for the ordination & Admission of Mr Adam Davidsone preacher of the Gospell to be minister of the united paroches of Essy and Nevoy, and the presbytery finding the several Church doors to be shut, the Modr in their name went & knocked at each door three several tymes requiring the Beddall to make the samen open, but he not compearing the Modr took Instruments in the hands of the Clerk to the presbytery before these witnesses Mr Hew Maxwell preacher of the Gosspell & Mr John Smith schoolmaster att Meigle. Extracted by Tho: Clephame.’
Lists of papists, Apostates, ‘Grievances from the growth of popery’ in various Districts. 1702, 1703 &c.
1702	‘A list of Apostates; Receptors of priests & hearers of Mass withing the united parishes of Glenmuick, Tullich and Glengarden & Sheriffdom of Aberdeen’
1702	‘A list of popish children in the united parishes of Glenmuick, Tullich & Glengarden, wt the circumstances of their parents & their nearest Protestant relations’
1702	‘A list of popish Children in ye united parishes of Crathie & Kindrocht in Braemar & Regality of Marr’
1702	‘A list of papists who have priests and Mass frequently in their hosues living in the parishes of Crathie & Kindroch and Regality of Marr’
1702	‘A list of Popish Children in the united Parioches of Glenmuick Tullich & Glengarden wt the Circumstances of their parents & their nearest Protestant relations’ ‘A list of Apostates, receptors of priests, and hearers of mass wtin ye united parishes of Glenmuick Tullich & Glengarden, Sherrifdome of Abd & Regalities of Huntlie and Marr’.
1702	‘List of the papists within the bounds of the presbyterie of Aberdeen, and their children’
1702	‘A list of popish children in ye united Parishes of Crathie & Kindrochit in Braemar’
1702	‘A list of papists in ye parish of Inverarity, Methie & Glamis owning popery & entertaining Jesuit[s] in their houses, as the same was given in to the presbyterie of Dundie’
1702	‘A List of the papists within the presbytrie of Kirkcudbright’
4 Feb 1702	Letter from presbytery of Kirkcudbright to Thomas Wilkie, moderator of the commission of the general assembly. Notes that the list has been compiled in accordance with order from last session of commission of the general assembly; asks that the list will be presented at the next session of the commission.
19 Mar 1702	Letter from Charles Primrose, Elgin, to John Gilchrist, minister at Keith. Complaining about the various burdens he faces in the parish. ‘The Protestants are a godless irreligious untractable pack’, which is a challenge in itself, but also has to contend with Mass being said by priests in the area – can’t understand why this continues to be the case given the stringent penal laws against Catholics. ‘Is not the Duke of Gordon a subject?’ Asks for pressure to be applied against the duke to banish the priests. Notes that the priests are making notable conversions, including that of John Cuming, ‘late curate of Birnie’. His conversion especially dangerous as he is popular among the local laity; fears that if nothing is done to stop the priests then ‘they will have more converts in one month yn all ye ministers in Scotland will have in a year’. Begs Gilchrist to represent the danger of popery at the next assembly, ‘that something may be done to banish these priests and put doun ye masse here’. Sure that if the assembly represents the matter to ‘ye King’s advocat’ that something will be done.
[1702?]	‘A representation of ye most deplorable state of several paroches in ye Highlands both in ye western isles and Continent wtin ye bounds of ye Synod of Argyle, in which places ye reformation never obtained’.
[nd]	‘A list of children under popish parents tutors or Curators in ye conjunct paroch of South Uist and Barray’, nd, and ‘A list of children of popish parents in ye paroch of Kilmory in Trotternish wtin ye isle of Skye being a part of ye Sherrifdom of Inverness’
[nd]	‘A short representation of the lamentable case of give parishes of Glenmuick, Tullich, Glengarden, Crathie and Bramear by the trafecking of seminary priests publick Masses and dangerous grouth of popery occasioned thereby, humbly offered to ye consideration of the Reverend Commission of the General Assembly’
[nd]	‘Grievances from ye presbyteries in ye North to be presented to ye Committee appointed to receive ym’ [summary of grievances about Catholics in synods of Aberdeen and Moray].
[nd]	‘A Representation of the growth of popery in the western Islands in the highlands of Scotland to be given in to the committee for overtures’. This representation is transcribed in Miscellany of the Maitland Club, III, 428-429
[nd]	‘Grievances & disorders in the presbyterie of Ochterarder’. Complaints about a priest in Muthill, Alexander Drummond, and various Episcopalian intruders in the presbytery.
3. Bonds of Caution and Interrogation, May 1702 [4 items]
27 May 1702	Interrogations made to Mr George Bruce, and his answers to them. ‘Mr George Bruce being asked what letters he carryed from Scotland to St Germain, from whom & to whom, if some directed to Lord Dunkell … if when he was in France he did not kiss the hand of the Pretended Prince of Wales … Whither he was not frequently at St Germains, and on what account … if he knows Captain John Livingston, whither he knows more than one of that name, and how he distinguishes them … Whither he knows that the Lord Belhaven was at St Germains, and what passed there … Whether he was in Company with the Lord Belhaven, Capt Livingstone, in France, and what passed between them … Whether he knows Robinson of Struan, whether he has seen him here, whither he is gone, & whether he has a pension … Whether he knows the Bpp of Galway[Galloway?], or where he is? … Whether he has not frequently sent letters from France to Scotland, and keeps a correspondence in France?’
28 May 1702	Interrogations made to Mr George Graham, and his answers to them. [Questions the same as those put to Bruce above].
24 May 1702	Signed witness statement by George Graham.
24 May 1702	Signed witness statement by George Bruce.
4. Bonds of Caution, 1703 [14 items]
19 Jan 1703	Letter from George Gordon to John Crawford, enclosing bond of Alexander McDonald [priest], alias Alastair More.
8/18 Jan 1703	Bond of Alexander McDonald, alias Alastair More, promising to leave Anne’s dominions by 1 April 1703, under penalty of £500 sterling. Cautioner: William, Earl Marischal.
20 Jan 1703	Bond of Gavin Stonehouse, concerning voluntary collection for bridge in synod of Perth and Stirling.
2 Mar 1703	Bond of George Blair, concerning funds for building a bridge upon water of Annan.
3 Mar 1703	Bond of Captain Nathaniel Gordon, concerning charter chest at estate of Carletoun.
11 Mar 1703	Bond of Anna Durham, spouse to Thomas Black, late minister at Enstruther Wester. Promises to ‘uplift & discharge any Stipends or debts due to my said husband, and that I shall manadge the Samen & any oyr of his affairs for the use of his family’.
16 Mar 1703	Bond of Lawrence Crawford of Jordanhill, promising to seize all grain and victuals imported illegally from Ireland, and to confiscate any boats used to transport goods.
17 Mar 1703	Bond of Sir David Cunninghame, promising to keep to conditions of release from prison.
6 April 1703	Bond of James Nicoll, tenant in Easter Cant. Was pressganged abroad – bond concerns terms upon which he is being set at liberty.
17 Sept 1703	Bond of Charles Manson, town cerk of burgh of Tain, concerning funds for rebuilding the tolbooth and prison there.
15 Sept 1703	Bond of Major General Thomas Buchan; banished. Promises to leave and not return; promises not to conspire against the government or correspond with any rebels.
25 Sept 1703	Bond of Patrick Ogilvie, promising to seize any boat found to come from Ireland with victuals, horse, cattle or sheep. Ogilvie liable to pay 100 livres (sterling) if any of the boats are not seized.
28 Sept 1703	Bond of Alexander Ewart, minister at Kellie, concerning funds for building a bridge over the river Dee at Blackford.
17 Dec 1703	Bond of John Russell, Edinburgh merchant. Promising to transport several prisoners in the Edinburgh tolbooths to the American colonies, ‘all common thieves and whores’.
5. Royal Letters, Feb-Dec 1703 [5 items]
18 Dec 1703	Anne. Order for council to assist Lord Advocate in enquiries into ‘Emissaries from France’ who have been conducting ‘ill Practices and Designs’ in Scotland. Also instructs lords to give instructions for preservation of peace across the country, especially by ensuring that garrisons are occupied. Recorded by council 23 Dec.
24 Feb 1703	Anne. Letter was printed as Her Majesties most Gracious Letter to the Privy Council of Scotland (Edinburgh, 1703). ESTC reference here. Orders protection of Episcopalians ‘in the peaceable exercise of their religion and in their persons and Estates’. Clergy of the Established Church are to live ‘in brotherly Love and communion, with such dissenters’. Gives further orders for the council to protect sheriffs and justices of the peace in executing laws; and for the council to take ‘special inspection of the diligences done by our highland Commissioners’. Councillors ordered to ensure observation of laws that encourage trade, and that the armed forces in Scotland ‘observe discipline and occasion no grievance to our other Subjects’. Anne has given instructions to the Treasury to pay soldiers on time to facilitate this.
13 July 1703	Anne. Orders to admit and receive William Morison of Prestongrange to council.
27 Sept 1703	Anne. Extending adjournment of parliament from 12 October to 16 December. Recorded by council 8 Oct.
16 Mar 1703	Anne. Confirming transmission of ‘a full and ample Act of Grace Pardon and Indemnity for all their bygone crimes’ – indemnity covers all inhabitants of Scotland except those ‘as ought at no time to be Adventured upon much less Encouraged by hopes of Pardon’. Gives orders for this act to be published. Parliament currently adjourned until 6 April – asks council to issue a proclamation adjourning it further, from 6 April to 6 May. Recorded by council 30 March.
6. Misc. material, 1703 [32 items]
25 June 1703	Letter from Lord Forbes to Lord Advocate. Confirms that ministers in the united presbytery of Alford and Garioch have appeared before Forbes and sworn the oaths of allegiance and assurance. Hasn’t heard anything from Episcopalians.
[1703]	Answers for Frances Countess of Seaforth, to The Complaint raised against her att the Instance of The Viscount of Tarbat and Lord Justice Clerk before her Majesties Most Honourable Privy Councill. Complaint concerns the countess’s decision to send her son, the earl of Seaforth, abroad ‘to be bred and Educate in the popish religione’, which is against the law. Countess responds that she was forced to send her son abroad through lack of money, as her late husband’s estate has been possessed by his nearest relatives. Financial hardship meant the countess went to England to seek support from friends there; friends offered to sponsor her son’s education. Disputes that she’s broken the law, and so shouldn’t be punished – if her friends in England have sent her son abroad to a Catholic school then that’s beyond her control, and she shouldn’t have to suffer financially for their decision. Notes further that even if she had sent her son abroad to be educated, she can’t be punished for it because of the indemnity recently granted by the monarch.
[1703]	Summary of charges/tolls for crossing the bridge of Ram-wall-craigs, commonly called Clydesbridge.
4 Jan 1703	Instrument in favour of Mr James Ramsay & Mr John Thomsone against Mr John Lyone. Concerning disputed settlement of churches at Aughterhouse and Eassie – Ramsay and Thomson approached the sheriff depute, John Lyon, asking for his assistance in installing two new Presbyterian ministers in these churches, which they currently don’t have access to. Lyon refuses, claiming he hasn’t been given the authority to do this by the sheriff-principal.
15 Jan 1703	Instrument and protest by Mr George Chephame and Mr [] Smith against the sheriff depute of Forfar. Concerning the disputed church settlement mentioned in item above. Complaining that the sheriff depute has not assisted the presbytery in gaining access to the churches even though the presbytery is legally entitled to them.
19 Feb 1703	Statement by James Guthrie, confirming witnesses summoned to appear in Baillie libel case.
[Mar 1703]	Memorandum to raise a libel for the Lords of Her Majesties Privy Council at the instant of John Blair agent for the Kirk, and Sir James Steuart Her Majestie’s Advocate. Concerning procedures surrounding vacant churches and planting of them, as set out in 1690 Act anent Presbyterian Church Government and Discipline. Memorandum is 4 pages. Complaints include one against Mungo Carnegie [see also statement by James Paterson below].
9 Mar 1703	[Extract] Act in favours of the Earl of Lauderdale, granting earl’s petition to be appointed General of the royal mint.
15 Mar 1703	Statement by James Patterson, confirming summoned Mungo Carnegie to compear before LPC concerning complaint made against him by John Blair, agent to the Kirk, and James Steuart of Goodtrees, Lord Advocate.
26 Mar 1703	Statement by James Adamson[?] confirming summons of John Lyon, sheriff depute of Forfar.
31 Mar 1703	Petition of Patrick Crawford, Edinburgh merchant. Concerning his plea to stand as cautioner for Andrew Crawford, merchant in London, over debts/charges against the latter made by ‘John and William Carruthers, Drovers’. Note on reverse that LPC will appoint a committee to hear this case in full.
[31 Mar 1703]	Unto the Right Honourable The Lords of Her Majesty’s Most Honourable Privy Council, the Petition of Patrick Crawford Merchant in Edinburgh (np, nd). Not recorded on ESTC.
6 April 1703	Minutes, committee for considering the matter represented in Patrick Crawford’s petition against Carruthers.
6 Mar 1703	Libel, Sir James Steuart Her Majestie’s Advocate and John Blair agent for the Kirk agd Mr Mungo Carnegie advocate sheriff depute of Forfar, [and] Mr John Lyon present sheriff substitute of Forfar. Concerning disputed church settlements in Dundee, Meigle and Forfar – Carnegie and Lyon are ordered by the queen to compear before the privy council to answer for their actions. Note on back saying that Carnegie and Lyon were ‘charged’ 15 March 1703. Also on reverse, 22 April 1703 – committee appointed to consider these libels further.
22 April 1703	Petition of Jean, countess of Sutherland, concerning education of her grandchildren, entrusted to her by her daughter, the viscountess of Arbuthnot, on her deathbed. Wants to bring them up ‘in fear of God’. Requests the formal custody of the three grandchildren, and to secure payment from the viscount Arbuthnot of 1600 marks for their bed, board and clothing. [Note of council’s response 22 April 1703]: Custody granted to the countess. 11 January 1704: Note added after receiving a petition from Viscount Arbuthnot on this subject – committee appointed to consider the case further [see item below].
[April 1703?]	Petition of Robert, Viscount Arbuthnot, concerning custody of his brother’s children.
28 April 1703	Statement by James Blaikie confirming witnesses summoned to compear in libel cases currently before council.
23 April 1703	Liberl, John Grieves against Walter Scott of Tushielaw, John Tait his tenant, and others. Grieve accuses them of assaulting him in the village of Cornhill with ‘guns and armes’. Note on back saying witnesses in the case have been summoned accordingly.
30 April 1703	Notes of ‘committee for considering the matter represented and the lybell at the Instance of John Blair agent for the Kirk agd Mr Mungo Carnegie sheriff depute of Forfar and Mr John Lyon Sheriff Substitute’. See earlier documents in this folder relating to this case. Orders Carnegie and Lyon to hand over keys for churches of Auchterhouse and Essay/Nevoy – fit new locks and give the keys to the local presbytery. [On reverse] 11 January 1704 – note that privy council orders Carnegie and Lyon to open the doors of the said churches and give the presbytery the keys [suggesting order in April was ignored].
1 May 1703	Letters of reconvention, Scott of Tushielaw against John Grieve.
3 May 1703	Statement by David Ellis confirming that witnesses summoned to compear in case of John Grieve.
3 May 1703	Draft copy of statement by David Ellies.
5 May 1703	Statement by James Johnstone confirming witnesses summoned in John Grieve case.
8 May 1703	Statement by Patrick Cockburne confirming witnesses summoned in John Grieve case.
10 May 1703	Statement by Lawrence Brown confirming witnesses summoned in John Grieve case.
10 May 1703	Statement by James Rentone confirming witnesses summoned in John Grieve case.
Subfolder: Popery, Papists and Episcopacy, 1703
1703	Representation of popery and Episcopalian intrusions. Grievances from the grouth of popery, and the insolence of papists. Notes that there are priests trafficking in Crathie and Braemar, Tullich and Glencairn, ‘perverting people and baptising children and saying Mass.’ A priest in the presbytery of Auchterarder ‘has made several proselites’. Priests are ‘publickly intertained’ in Bellie; about 400 people go to the mass house there ‘every Lord’s day and holy day’. ‘The said Alexander Drummond and several papists are intertained in the paroch of Muthill, by whose influence popery is advanced’. There’s a Catholic school in Strathbogie, ‘where children are intertained gratis from several parts of the kingdom’. Grievances from the Illegal attempts, and disorders of the prelaticall party. People are threatened/bullied into supporting the Episcopalian cause – ‘witness the practises of Henry Legatt in Orkney’. Episcopalians are ‘guilty of Intrusions of the worse sort in diverse Congregations, particularly upon the parish of Kirkwall in Orkney by Mr John Wilson his invading the pulpit of Mr Thomas Bairkie present minister there’. In Muthill, James Inglis has intruded despite being deprived by the privy council. Alexander Heriot has intruded at Haddington. Intruders allegedly ‘restrain such who incline to attend ordinances dispensed by ministers of the Established Church, and force them to the Episcopal meeting houses’ – Inglis allegedly goes to the church door at Muthill, observes who attends, and then the next week will waylay them and take them to the meeting house instead. ‘Diverse ministers are kept out of church and manse’ in Angus. Episcopalians also oppose ministers in ‘acts of jurisdiction proper to them, such as the ordination of Elders by their open protestations as in the above case of Haddington, and by their influence some magistrats deny their Concurrence with Ministers to suppress their disorders, as in the case of Kirkwall where Wm: Luddell baillie of Kirkwall did deny the same.’ [On reverse: Instructions of the Representation of the popish & prelaticall grievances sent to Her Majestie and ye privie Councill by the assembly, 1703].
26 Feb 1702	List of popish parents & their children under them, within the bounds of the United presbytery of Perth & Dunkeld.
[nd]	‘Representation of some grievances from the Synod & presbyterie of Drumfries to ye General Assembly anent papists. 1. Popish priests are daily trafecking in owr bounds baptising & marrying yea & several people when cited before us own yr children to have been baptised by Jesuits whose names they condescend on as well as the time & place. 2. Several popish Gentlemen in owr bounds are grossly scandalous being guilty of fornications, adulteries & the like. In reference to which this Querie is offered That in case such things should be overlooked by the Xivil Magistrat whither they should be wholly overlooked by the Church and no Censure past against them or what course shall be taken wt them? [Signed] George Milligen; Ja Wilkie[?]’
[1703?]	A Representation of some Grievances to be given in by the presbytery of Edr to the General Assembly concerning papists & Episcopall ministers: ‘1. A general increase & grouth of popery, professed papists [1w] publick Schools within their bounds, and speaking against & seducing from the protestant religion, young children being educated in the Romish Religion. 2. Some Episcopall Ministers marrying persons without witnesses, some antedating testimonials to Cover uncleanness, marrying men to other men’s wives et cetera, marrying some after proclamation of Banns… 3. Some Episcopall Ministers preaching although under a sentence of Deposition by the Church, some Exercising their Ministry in parishes where there is a Legally established Ministry. Given in by order of the presbytery of Edr & signed by Nicol Spence. [Notes at bottom: Mrs Thomson school mistress. Peter La Harsie dancing Master & many oyrs].
21 April 1703	List of papists, and children under popish parents, Tutors, Curators & Governours, within the bounds of the presbytery of Edr, given in yrto by the seall kirk sessions upon the 21 of Apryle 1703. Parishes covered: Canongate; Colledge Kirk parish; Tron Kirk parish; New Kirk parish; Old Kirk parish; North new parish; Lady Yesters parish; Duddingston; Liberton; Collington; West Kirk parish; North Leith; South Leith.
1 Dec 1703	Representation from the Commission of the General Assembly to the Privy Council: ‘… the said assembly having laid before your Lops Sundrie grievances of This Church occasioned through the increase of poperie The multitude and restless endeavoures of Traffiqueing priests & Jesuites The abounding of profanity; And ye disorders of some of the episcopall Clergie, Your Lops were pleased to comitte the Same to a Committee who hade made Some progress yrin, But by reason of the adjournment of the Council have not yet made yr report And seeing The Grounds of these Complaints doe daily encrease, May it therefore please your Lops to take these matters againe under your Consideration, And give such redress of these Grievances as your Lops shall think just. Signed in name & in presence of The Commission by Geo: Meldrum moderator.’
7. Thomas Burnet of Leys vs. John Douglas of Tilliquhillie [part printed], 1703 – Jan 1704 [43 items] [also some misc. items]
1703	List of parties and witnesses called by Thomas Burnett of Leys in libel case.
1703	Interrogations/questions put to witnesses by John Douglas.
1703	Petition of Thomas Burnett, chamberlain, against John Douglas.
[1703]	Unto the Right Honourable, the Lords of Her Majesties Privy Council, The Petition of John Douglas of Tilliquhilly (np, nd).
[1703]	Answers for John Douglas of Tilliquhullie, to the petition given in by Alexander Burnet younger of Leyes (np, nd).
[1703]	Answers for John Douglas of Tilliquhillie, and his Tennents, to the Reconvention intended by Sir Thomas Burnet of Leyes, and others, against them (np, nd).
[1703]	To the right honourable the Lords of Her Majesties Privy Council, the Petition of Sir Thomas Burnet of Leyes, Alexander Burnet his Son, Alexander Burnet his Chamberlain and others (np, nd).
[1703]	Information for The Laird of Leyes younger, Alexander Burnet late Chamberlain of Leyes, and others. Against Douglas of Tilliquhillie, and some of his Tennants and Servants (np, nd).
11 Nov 1703	Extract minute of libel case session.
18 Aug 1703	Anne. Warrant for arrest of Alexander Burnet of Leys.
29 Oct 1703	Statement by Francis Moir confirming that summoned witnesses to compear.
27 Oct 1703	Statement by Francis Moir confirming that summoned witnesses to compear.
3 Nov 1703	Signed statement of discharge by Alexander Irvine of Glassell against Alexander Burnet of Leys
7 Nov 1703	Signed witness statement by John Gordon surgeon concerning health of Alexander Burnet of Leys
9 Nov 1703	Anne. Summons for parties in Burnet vs Douglas to compear before Lords of the Privy Council.
11 Nov 1703	Letters of Recommendation Sir Thomas Burnet and others against Douglas and others.
11 Nov 1703	Draft summons from Anne to LPC [largely incomplete]
26 Nov 1703	Statement by Andrew Thomas, confirming witnesses summoned.
22 Nov 1703	Statement by James Johnstone, confirming witnesses summoned.
11 Nov 1703	Statement by James Johnstone, confirming witnesses summoned.
26 Nov 1703	Statement by Andrew Thomas, confirming witnesses summoned.
25 Nov 1703	Minutes of committee for examining Douglas of Tilliquhillie.
25 Nov 1703	Anne. Arrest warrant in Douglas case.
1 Dec 1703	Minutes of committee for examining Douglas of Tilliquhillie.
[1704?]	Unto the Right Honourable, the Lords of Her Majesty’s most Honourable Privy Council. The Petition of the Laird of Leyes younger, Alexander Burnet late Chamberlain of Leyes, and others. Against Douglas of Tilliquhillie, and some of his Tenents and Servants (np, nd). [Note on back: received by LPC 18 January 1704].
[1704]	Answers for Leyes to the two petitions given in against him by Tilliquhillie.
1704	Interrogations for the witnesses adduced by Sir Thomas Burnet of Leyes against John Douglas of Tilliquhillie.
25 Jan 1704	Recommendation of committee for examining Burnet of Leyes.
28 Jan 1704	Statement by John Archibald[?] confirming witnesses summoned.
5 Jan 1704	Minutes of committee for examining witnesses adduced by Alexander Burnet younger of Leyes.
[1704?]	Unto the Right Honourable, the Lords of Her Majesties Secret Committee, The Petition of John Douglas of Tilliquhillie (np, nd) [received by PC 8 February 1704]
10 Feb 1704	Minutes of committee for examining Robert Ross, tenant.
29 Feb 1704	Interloquitor in the process betwixt the Laird of Tilliquhillie and the Laird of Leyes.
20 Sept 1703	Extract minutes of committee for examining Burnet of Leyes.
6 Oct 1703	Anne. Warrant in favour of John Blair, agent for the Kirk against James Strachan, intruder at Keith.
8 Oct 1703	Extract minute signed by Gilbert Eliot about case of John Blair against James Strachan.
28 Oct 1703	Anne. Warrant for arrest of Robert Wilson, drover.
13 Nov 1704	Statement by James Dunbar, confirming witnesses summoned in Leyes case.
15 Nov 1704	Statement by James Dunbar, confirming witnesses summoned in Leyes case.
1 Dec 1704	Statement by James Raeburn[?], confirming witnesses summoned to compear.
21 Nov 1703	Letters of diligence concerning Markham of Lochbuy.
16 Dec 1703	Extract minute of committee appointed to deal with Countess of Seaforth’s case
28 Dec 1703	Petition of Patrick Crawford, minister.
8. Royal Letters, Dec 1703-Oct 1704 [17 items]
30 Dec 1703	Anne. Thanks the council for its efforts in light of reports of an insurrection by Simon Fraser; orders the council to call in the ‘Landlords and Chiefs of the Highland Clans’ for them to give ‘sufficient security for keeping of the peace and performing their Duty to us’. Orders to confiscate 8,000 arms reportedly soon arriving in Scotland from Rotterdam.
28 Jan 1704	Anne. Informing the council of papers arriving concerning ‘the ill Designs that were against us and our Government in that our ancient Kingdom’. Material will be sent to the Lord Advocate to facilitate prosecutions, and so that the council can ‘proceed vigorously in the Detection of these evill Designs, and thereby prevent the Mischiefs that might ensue thereupon’. Recorded 1 Feb 1704.
29 Jan 1704	Anne. Orders for Colonel George McKartney to raise a regiment of foot in Scotland to be sent to Holland. Recorded 8 Feb.
22 Feb 1704	Anne. Arrest warrant against Captain John Murray, son to the Laird of Abercairney, for his role in the ‘Evill Designs’ planned against the government. Reward of £500 sterling. Recorded 26 Feb.
24 Feb 1704	Anne. Arrest warrant against Captain James Murray, son to the Laird of Stanhope, for his role in the ‘Evill Designs’ planned against the government. £500 sterling reward.
8 Feb 1704	Anne. Extending adjournment of parliament from 22 Feb to 4 April. Recorded 14 Feb.
9 Mar 1704	Anne. Concerning recruitment for Scots regiments serving in the Netherlands. More soldiers needed; council is to encourage recruitment officers travelling up from England for this purpose. Recorded 22 March.
3 Mar 1704	Anne. Concerning address recently presented to the crown by the General Assembly ‘representing the Growth of Popery and the Numers of Priests and Jesuits with several Disorders and Illegall Attempts of the Dissenting Clergy, and the Encrease of Vice and Immorality’ – orders the council to execute the penal laws against these errors. Also orders them to endeavour to promote virtue and piety. Recorded 14 March 1704.
22 May 1704	Anne. Extending adjournment of parliament from 1 June to 22 June.
12 April 1704	Anne. Military orders regarding Third Highland Company. Recorded 9 May.
4 Dec 1704	Anne. Extending adjournment of parliament from 16 Dec 1704 to 1 Feb 1705.
1 Dec 1704	Anne. Concerning recruiting soldiers for regiments abroad.
23 Mar 1704	Anne. Extending adjournment of parliament from 4 April to 4 May. Recorded 28 Mar.
23 April 1704	Anne. Extending adjournment of parliament from 4 May to 1 June. Recorded 28 April.
10 June 1704	Anne. Extending adjournment of parliament from 22 June to 6 July.
24 Sept 1704	Anne. Extending adjournment of parliament from 7 Oct to 16 Dec.
17 Oct 1704	Anne. Appointing Alexander Campbell of Cesnock to be one of the Lords of Session.

NRS, PC12/1701-1704 (box 4) (also 1688-1701) – Inventories of Miscellaneous Boxes

Posted on May 9, 2024 by Philip Ward

NRS, PC12/1701-1704 (box 4) (also 1688-1701) – Inventories of Miscellaneous Boxes

1. Papers relating to Captain John Slezer & the publication of his Theatrum Scotiae and to John Adam, Geographer, and his Inventory. [1688-1701] 91 items
1	2 November 1688	Letter from Capt. John Slezer to the Lord Chancellor
2	24 July 1689	Letter from Lt. Gen. Douglas to the King providing a character reference for Capt. John Slezer
3	3 August 1692	Report of committee & Act of privy council concerning John Adair. 30 August 1692: Committee to consider the whole affair and put forward proposals for encouraging the work of Adair
4	March 1694	Petition written on the reverse of a printed copy of the front two pages of the Theatrum Scotiae
5	12 July 1694	Petition Of John Adair to the Privy Council 12 July 1694: Committee to consider the petition and give their opinion in the matter to the council
6	2 August 1694	Report of committee concerning the proposed work of John Adair Suggests a duty may be imposed on foreign ships to cover some of the costs of the project
7	16 August 1694	Sederunt of committee concerning John Adair: The Earl of Annandale & the Viscount of Tarbat
8	15 November 1694	Report of the committee concerning John Adair
9	16 November 1694	Report of the committee concerning John Adair for uplifting 50 deficients in the present levies that John Adair may have the penalties. Sederunt: The Earl of Annandale, Visc. Tarbet & Lord Yester
10	19 February 1695	Petition of John Adair & Act of council expressing concern around the delay in payments to him.
11	10 April 1695	Petition of John Adair & Act of council concerning payments
12	10 April 1695	Report of committee concerning John Adair’s petition Sederunt: Earl of Lothian, Visc. Tarbat, Lord Strathnaver and Lord Livinstoune
13	[undated] 1695	Petition of Capt. Slezer requesting the Act of Parliament concerning the exaction of duries from foreign ships be printed and published
14	[undated] 1695	Information of Capt. Slezer to the Committee of Trade
15	19 June 1695	Information [printed] to the Lord High Chancellor & Privy Council appointed as a committee to consider the petitions of John Adair & Capt. Slezer Copy of the report of the Committee of Trade [printed]
16	16 July 1695	Act of Parliament in favour of John Adair & Capt. John Slezer
17	17 December 1695	Petition of John Adair, geographer
18	26 December 1695	The Lord Justice clerk, added to the committee formerly appointed to consider the petitions of Adair & Slezer
19	11 February 1696	Precept detailing payment from of rents in favour of John Adair made by the general receiver
20	February 1696	Draft of a precept on the receiver of rents for payments out of the tonnage money
21	13 February 1696	Act of Privy Council authorising the precepts on the receiver of rents and adding Sir John Maxwell to the committee concerning the matter
22	20 February 1696 & 13 March 1696	Minutes of the committee concerning the precepts in favour of Adair & Slezer Sederunt: Lord Justice Clerk, Laird of Blackbarronie & Sir John Mawell 13 March 1696: The precept considered by the committee for £200 sterling recorded & ordered to be given to John Adair
23	23 July 1696	Petition of Margaret, Countess of Wemyss for herself and on behalf of the whole coal & salt masters of the Kingdom, against the tonnage granted to Adair & Slezer with the associated Act of Parliament
24	undated	Petition of John Adair
25	25 July 1696	Report of the committee on the Countess of Wemyss complaints upon the tonnage Sederunt: Lord Ruthven & Frabcis Montgomery
26	August 1695	Account of money received by John Adair since 1 March 1696 Account of money disbursed by John Adair since August 1695
27	24 July 1696	Account of the collection of an imposition upon tonnage, upon foreigners and upon natives received by Jarviswood from the several collectors preceding 1 January ‘extracted forth of the books 24 July 1696′
28	undated 1696	Account of tonnage at Port Glasgow from 6 October 1694 – 1 March 1696
29	undated 1696	Account of tonnage at Dumfries since 1 November 1695
30	30 July 1696	Report of the committee on the Countess of Wemyss’ complaint
31	Undated 1696	Petition of John Slezer [printed] to the Estates of Parliament – two copies, one signed.
32	4 September 1696	Petition of John Adair regarding payments to be made to him
33	4 September 1696	Memorial of Capt. Slezer [contains estimates of costs]
34	4 September 1696	A particular account of the disbursements made by Capt. Slezer and losses sustained by him in publishing his Theatrum Scotiae.
35	?¹	Committee appointed to consider the memorial of Capt. Slezer and what payments are to be made to him & John Adair
36	22 September 1696	Representation [2 printed copies] to parliament by Capt. Slezer concerning the publication of the Ancient and Present State of Scotland , by Capt. John Slezer Account of the progress made in the Description of the Ancient and Present State of SCOTLAND
37	Undated 1696	Petition of Capt. Slezer to the Privy Council requesting that he be able to address the appointed committee appointed concerning his progress before they make a report to the council
38	12 October 1696	Report to the Privy Council to lessen the imposition upon the tonnage of foreign ships
39	31 December 1696	Petition of John Adair requesting a warrant be given to the General Receiver to pay the some of 4542 Scots to him Approved in council same day
40	12 January 1697	Petition [printed] of Capt. John Slezer
41	12 March 1697	Memorial of Capt. John Slezer
42	12 March 1697	Account of disbursements by Capt. Slezer upon account of his ancient & present state of Scotland preceding the act of parliament the Act of Parliament for the tonnage ‘Charges of the first volume are already published’
43	12 March 1697 & 17 March 1697	Reports of committee appointed to consider the petitions of Capt. Slezer and John Adair
44	6 July 1697	Petition of Hugh Brown [holding a commission from the council to manage the affair of the tonnage] concerning his expenses incurred
45	Undated 1697	Petition of John Adair requesting that boatmen in Port Glasgow, Irving & Ayr be ready to assist him in his work mapping the coasts of Argyle, Kintyre, Islay, Arran, Bute & the inner parts of the Clyde = and that their expenses are covered.
46	March 1696/7	Account of tonnage received by Jarviswood
47	27 June 1697	Petition of Capt. Slezer 27 June 1697: John Adair permitted to answer the petition 6 July 1697: Committee to consider the whole affair and make a report to the council
48	Undated 1696	Memorial of Capt. Slezer to the Committee for the Security of the kingdom, concerning the petition of Archibald Sinclair.
49	6 July 1697	Answers of Archibald Sinclair, John Adair and Hugh Brown to the petition of Capt. Slezer
50	8 July 1697	Memorial for Capt. Slezer
51	3 August 1697	Abbreviat of the tonnage received preceding 1 August and since November 1696 – includes details of receivers who have not paid.
52	3 August 1697	Account of Capt. Slezer’s expenses from the beginning to the completion of his whole book.
53	5 August 1697	Act of Privy Council in favour of John Adair, Capt. Slezer & Hugh Brown for expenses. [2 copies]
54	23 December 1697	Petition [printed] addressed to Patrick Earl of Marchmont, the Lord High Chancellor & the Privy Council. Petition of the skippers and owners of ships in Borrowstouness & Queensferry concerning the difficulties incurred by the imposition of the upon the tonnage by reason of the war, loss of ships and goods, and other calamities that have befallen them.
55	23 December 1697	Representation [printed] of Capt. Slezer in answer to the petition submitted by the skippers & owners in Borrowstouness & Queensferry.
56	23 December 1697	Answers of John Adair, geographer to the petition given in by the skippers & owners at Borrowstouness & Queensferry
57	30 December 1697	Petition of the Countess of Wemyss requesting the imposition on foreign ships is reduced.
58	29 January 1698	Memorial of John Adair
59	31 January 1698	Representation for Capt. Slezer to the committee appointed to consider the petitions of Capt. Slezer & John Adair
60	5 February 1698	Double Act of Parliament in favour of John Adair, Geographer
61	14 February 1698	An account of the tonnage collected at several ports from August 1695 to August 1697
62	14 February 1697	An account of the charges & discharges of the tonnage
63	14 February 1698	Account of Capt. Slezer’s disbursements including an estimate for finishing the second volume of his ancient & present state of Scotland
64	August 1695	Sea maps by John Adair and an account of money given in & out when doing them. An account of money received by John Adair before the year 1695 An account of the money received by John Adair since August 1696 An account of the money given out by John Adair since August 1696
65	25 July 1696 5 August 1697 15 February1698	Notes of Acts relating to John Adair & Capt. Slezer
66	15 February 1698	Copy of an act concerning Adair, Slezer & Brown
67	undated	Petition [printed] of Capt. Slezer
68	undated	Reasons [printed] humbly offered for continuing the tonnage in favour of Capt. Slezer
69	undated	Memorial of Capt. Slezer concerning the more effectual bringing in both arrears of the late tonnage imposed in 1695 and the current tonnage imposed in 1698
70	13 December 1698	Petition of Capt. Slezer requesting financial reimbursement 13 December 1698: Committee appointed to consider the petition 22 December 1698: Continuation of committee
71	19 December 1698	Representation for Capt. Slezer to the Estates of Parliament showing how faithfully he has employed the money received by him out of the tonnage for carrying out his work. & Report of the committee appointed to consider the petition of Capt. Slezer
72	undated	Printed version of the above Representation of Capt. Slezer concerning the tonnage & Report if the Committee of Trade
73	undated	Printed contents page of the Theatrum Scotiae [2 x printed copies]
74	14 March 1700	Account of money given out by John Adair in his voyage to the Western Isles since 1698
75	14 March 1700	Petition of John Adair requesting a warrant be issued to the General Receiver to make payment to him
76	14 March 1700	Petition [printed]of Captain Slezer requesting payment from the tonnage fund as per the Act of Parliament [June 1698] [handwritten note added] ‘presented to the high and honourable court of Parliament at the last session
77	4 April 1700	Petition [printed]of John Adair as he has not yet received any expenses due to him, and so the work is in danger of being abandoned
78	27 March 1701	Additional committee appointed concerning the tonnage
79	17 July 1701	Act of council calling for a meeting of the committee concerning the tonnage on Wednesday 23 July
80	25 July 1701	Memorial of Capt. Slezer concerning the tonnage
81	25 July 1701	Memorial of Capt. Slezer concerning the tonnage addressed to the committee appointed to consider the matter
82	29 July 1701	Answers of John Adair to Capt. Slezer’s memorial
83	undated	Proposal to the Estates of Parliament [printed]for the release of Capt. Slezer’s five-year confinement from within the Abbey
84	undated	The state of Capt. Slezer’s case, with respect to the hardships he lives under for want of what is due to him by the public Presented in four memorials
85	undated	Memorial [printed]of Capt. Slezer representing ‘that his Pretentions upon the Tunnage, is not for any gratuitous Gift or Pension from the Government, but is for payment and Reimbursing to him of the Expenses of a workk for which the Government in a manner contracted with him.’
86	undated	Petition [printed] of Captain Slezer for himself and several of his personal creditors
87	25 July 1701	Petition of Capt. Slezer requesting that he be allowed to defend himself against alleged misrepresentations against him in a memorial submitted by John Adair
88	25 July 1701 & 31 July 1701	Report of the committee appointed concerning the tonnage and petitions of Slezer & Adair. Sederunt: Lord High Chancellor, Earl of Leven & Visc. Of Tarbat
89	undated	Printed [printed]copy of contents pages of the Theatrum Scotiae
90	undated	Petition [printed] of Capt. Slezer to the Estates of Parliament for expenses incurred in the production of various works.
91	1 September 1698	[printed] Act Anent the Tonnage

NRS, PC12/1698-1701 (box 3) – Inventories of Miscellaneous Boxes

Posted on May 9, 2024 by Philip Ward

NRS, PC12/1698-1701 (box 3) – Inventories of Miscellaneous Boxes

ROYAL LETTERS [1698] 16 ITEMS
1	13 December 1698	William R. Read and recorded 20 December 1698 Privy councillors prohibited from leaving the Kingdom any time before 1 March 1699 without permission from the monarch.
2	27 June 1698	William R. Read and recorded 12 July 1698 Alexander, Earl of Eglington added to the privy privy council.
3	21 October 1698	William R. Read and recorded 8 November 1698 Concerning a reshuffle of regiments and troops in various companies.
3	13 December 1698	William R. Read and recorded 20 December 1698 Proclamation authorised to continue the adjournment of Parliament.
4	19 May 1698	William R. Read and recorded 17 June 1698 Proclamation authorised to continue the adjournment of Parliament from 28 June to 12 July.
5	20 September 1698	William R. Read and recorded 4 October 1698 Concerning arrangements for the subsistence of a regiment of floor under the command of Col. George Hamilton, due to arrive in the kingdom.
6	9 July 1698	William R. Read and recorded 12 July 1698 Intimating the Earl of Tullibardine is no longer Secretary of State and therefore no longer to be a member of the privy privy council or the Exchequer.
7	28 April 1698	William R. Read and recorded 10 May 1698 To prevent the private return of any person who fled to France during the war, a proclamation is authorised commanding that masters of ships to detain any passengers arriving from foreign countries until they can be examined.
8	24 June 1698	William R. Read and recorded 26 June 1698 James, Earl of Findlater added to the privy council.
9	16 June 1698	William R. Read and recorded 21 June 1698 Proclamation authorised to continue the adjournment of Parliament from 12 July to 19 July
10	26 February 1698	William R. Read and recorded 8 March 1698 Proclamation authorised to continue the adjournment of Parliament from 11 March to 28 June.
11	15 January 1698	William R. Read and recorded 25 January 1698 Concerning arrangements for the arrival in the kingdom of two regiments of foot from Flanders under the command of Lord Lorn & Col. John Buchan. Regiments to be disbanded, their arms stored away and 8 days substance to each of the private sentinels.
12	1 February 1698	William R. Read and recorded 15 February 1698 Brig. Maitland appointed governor of Fort William & his regiment the garrison. Privy council to issue orders to the Brig. To March to the Fort & for Col. Hill’s regiment to be disbanded.
13	17 March 1698	William R. Read and recorded 22 March 1698 Royal warrant issued to the privy council ordering two troops under the command of Lord Jedburgh, prev. added to the regiment of dragons to be disbanded, their weapons stored in magazines and the horses disposed of as the privy council see fit.
14	27 January 1698	William R. Read and recorded 10 February 1698 Royal warrant issued to the privy council ordering the disbanding of Lord Carmichael’s regiment [To allow for the maintenance of two regiments of dragoons due to arrive from Flanders], weapons to be stored in magazines and the Treasury to make payment for their subsistence at the time of disbanding.
15	1 March 1698	William R. Read and recorded 5 April 1698 Lord Yester added to the privy council.
16	17 March 1698	William R. Read and recorded 7 June 1698 Mr Hugh Dalrymple, President of the College of Justice added to the privy privy council.

BONDS OF CAUTION [1698] 28 ITEMS
1	3 January 1698	William Greensheills [Weaver] & Daniel Davidson [Tinkler] Death sentence for both commuted to banishment to the American plantations. Enact themselves to be transported from Leith on the first ship available.
2	10 January 1698	Charles Ritchie [minister] liberated from Edinburgh tolbooth upon enacting himself to be leave the kingdom under permanent banishment before 5 February 1698.
3	28 January 1698	Bond of caution in lawburrows for Alexander Irving, the Laird of Drum.
4	28 January 1698	Bond of caution in lawburrows for Arthur Irving, Chamberlain to the Laird of Drum
5	23 February 1698	John Fraser, Thomas Fraser, Alexander Fraser, John Fraser, and John Fraser to live peaceably under the present government. Penalty: 1000 merks Scots
6	9 March 1698	Alexander Fraser, the Laird of Strichen, liberated on 3 March on condition he live peaceably. Penalty: £500 sterling
7	21 March 1698	James Carnegy of Finneben liberated under caution to appear before the privy council or appointed committee when called, having paid the expenses of the pursuing party in a process of libel against him. Cautioner: Robert Blackwood, merchant & late bailie in Edin.
8	3 June 1698	John Cameron sentence of death commuted to banishment to the American plantations. Enacts himself to leave on the first ship going from Leith.
9	4 June 1698	Thomas Richardsone, writer in Edinburgh obliging himself and those he appoints under him to exact diligence in putting his commission into execution. Concerning imports into the kingdom.
10	7 June 1698	Patrick Auchterlony enacts himself to leave the presbytery of Dunkeld under banishment and is discharged from performing any ministerial functions.
11	8 June 1698	Thomas & Elizabeth Holoway imprisoned in Edin. Tolbooth for false coining. Enact themselves to leave the kingdom under voluntary banishment [no destination specified] before 15 July.
12	11 June 1698	Malcolm Moir alias Reid, prisoner in Perth tolbooth. Death sentence for killing a child commuted to banishment to the American plantations before 1 September. Bond & Caution to leave on the first available ship & provide a certificate from the skipper upon landing in the plantations under penalty of 1000 merks Scots. Cautioners: William Murray of Keilor
13	13 June 1698	William Murray of Keilor gives bond that Malcolm Moir alias Reid will adhere to the sentence of banishment.
14	20 June 1698	John Campbell commissar of Caithness, concerning a bill of relaxation given in by the Earl of Breadalbane Read in privy council against Dr Alexander Skeen.
15	9 July 1698	Adam Craick of Ardbigland to employ the vacant stipend for the parish of Kirkbain to repair the kirk & manse.
16	18 July 1698	Janet Alstoune, Death sentence for child murder commuted to banishment on 7 July 1698, enacts herself to depart on the first ship going from Leith to the American plantations.
17	21 July 1698	Bond of caution in lawburrows. Robert Sinclair for Alexander Leslie older & younger & Isobel Leslie, spouse to William Smith.
18	29 August 1698	Earl of Tullibardine restraint & confinement removed upon giving bond & finding caution ‘That the said David Ross of Balnagoon himself mentennents and servants and followers shall be harmless and skaithless of them their mentennents servants and followers and all others of their commanding sending hounding out Resetting assistance or ratihabition And The said David Ross of Balnagoon Giving Bond And finding sufficient Caution That the said Earle and Lord Eduard and Lord James Murrays shall be harmless and skaithless They Themselves their Mentennents servants and Followers of him his mentennents and servants and followers and of all others of their Commanding sending hounding out Resett assistance or Ratihabition whom they may stopp or Let directly or Indirectly from the day and date heirof and in tyme Coming other ways’
19	29 August 1698	Lord Edward Murray restraint & confinement removed on same terms as above.
20	29 August 1698	David Ross of Balnagoon, restraint & confinement removed on same terms as above.
21	29 August 1698	Lord James Murray, restraint & confinement removed on same terms as above.
22	10 December 1698	George Brown, minister. Former sentence of banishment recalled upon giving enacting himslef not to ‘preach, baptize, marrie nor exercize any part of the ministeriell function’ until he is qualified according to law under penalty of 1000 merks Scots.
23	16 December 1698	Alexander Gib, merchant in Aberdeen liberated from Edinburgh tolbooth upon enacting himself not to return to Aberdeen without warrant from the privy council. [see RPCS A1698/7/13: ‘They seazed a popish meeting at the house of one Alexander Gibb merchant in the Town, where they found the Altar Mass Book Bell Cross Images Candles and Incense and the preists vestiments a great many popish books The value of Ane hundered pounds sterling’.
24	16 December 1698	Charles Farquarson of Balmarrell under bail to live peaceably to have bond delivered up to him upon enacting himself to leave the kingdom before 1 February 1699, never to return under a penalty of 3000 merks Scots.
25	26 December 1698	William Wilsone, late minister at Cupar. Liberated from Edinburgh tolbooth upon enacting himself not to ‘preach, baptize, marry or exercise any part of my ministeriall function within the kingdom’ under penalty of 500 merks Scots.
26	26 December 1698	Mathew Wilsone given order & warrant from the privy council to buy as much victual as necessary at the weekly market to serve the workmen at Leadhills. Victual to be used for the workmen only under the penalty of 500 merks Scots.
27	28 December 1698	Alexander Maxwell, Port Master in Ayr, obliges himself and whomsoever he shall appoint all due diligence in enacting his commission concerning the restrictions on importation of Irish horse, cattle & sheep.
28	30 December 1698	Mr John Pringle, advocate, concerning payment of the stipend of Lintoun.

BURGH OF FORTROSE [1698] 6 ITEMS [Several undated folios, but process recorded in various entries from Dec 1697 – March 1698]
1	[Undated] 1698	Citing several named witnesses to appear in a criminal process raised against the Earl of Seaforth & others.
2	[Undated] 1698	Receipt for the sum of 17l 12s expenses received by Alexander Cuming, writer in Edinburgh for appearing as a witness in a process at the instance of Sir John Demoster of Pittliver & John Bayne younger of Tulloch against the the Earle of Seaforth & others.
3	[Undated] 1698	Discharge, David Macculloch, baillie of Fortrose, Peter Lamb, Donald Davidsone, younger and Kenneth Mackenzie, witnesses cited in the above process.
4	28 June 1698	Receipt signed by Alexander Chissolme, sheriff deputy of Ross, declaring he has received from David McCulloch, baillie of Fortrose, security by bond for his appearance before the privy council to bear witness in the above process.
5	28 June 1698	Receipt signed by Alexander Chissolme, sheriff deputy of Ross, declaring he has received from Patrick Lamb, Donald Davidsone, younger & Kenneth Mackenzie, security by bond for their appearance before the privy council to bear witness in the above process.
6	26 July 1698	Petition of David McCulloch, Donald Davidsone, Patrick Lamb & Kenneth Mackenzie. Requesting modification of the expenses allowed to them as witnesses as they did make the journey and appear before the privy council, but the defendants did not, so they returned home, to be called again. Incurring significant expenses as they were [waiting and] & examined for around 20 days and travelled for 8 more.

MISC ITEMS [1698 – 1699] 19 Items
1	1698	Petition of William Drummond & David Drummond Cautioners for Lord James Drummond who are unable to present him before the privy council as he has gone to the baths in England for his health.
2	1 July 1699	Letter signed by Janet Ogilvie addressed to Lord Forbes expressing concern regarding a company of ‘Highland rogues’ who attempted to gain access to her property and are designed to harass her husband. Request Forbes present the situation to the privy council, that a garrison be established and to ‘obtain what is proper for the security of the country’.
4	1698	Declaration of Mr Robert Munro, minister at Abertaff concerning the marriage of Simon Frazer & the Lady dowager of Lovat.
5	\|1698	Answers for Alexander Andersone & John Cheyne to the Bill of Suspension given in by Strichen & his tenants against them.
6	1698	Supplication for George Leith of Overhall, requesting the privy council reject the petition submitted by James Gordon [requesting liberty] as he is raising a process against him for several murder, including Leith’s father. Requests Gordon be transferred to Edinburgh from Aberdeen for trial.¹
7	1698	Petition for James Donaldson, younger, merchant in Elgin disputing a bill of suspension against him by Patrick, Count Lesley for allegedly being in possession of a stolen horse.
8	1698	Petition of the Lairds of Broddie, Culloden, Applecross & other cautioners for the Earl of Seaforth [written year on petition is 1697 & privy council responded 4 January 1698]
9	15 February 1698	Act in favour of John Adair, geographer for the payment of 5400l Scots concerning the work of Adair & Slezer in surveying the coasts of Scotland.
10	1698	Letters of horning raised at the instance of Harie Cadel against George Gordon to make payment for his proportional part of the yearly vacant stipend of Tiree.
11	]1698	Letters of horning raised at the instance of Harie Cadel against James Monro to make payment for his proportional part of the yearly vacant stipend of Tiree.
12	1698	Letters of horning raised at the instance of Harie Cadel against Issobell [Baradge]² to make payment for her proportional part of the yearly vacant stipend of Tiree.
13	1698	Letters of horning raised at the instance of Harie Cadel against William Anderson to make payment for his proportional part of the yearly vacant stipend of Tiree.
14	23 June 1698³	Bill of suspension Fraser of Strichen & his tenants against John Cheyne & Caddele.
15	23 June 1698	Double bill of suspension at the instance of Fraser of Strichen against Cheyne & Caddele. 14 July 1698: bill of suspension at the instance of the Laird of Strichen & his tenants against William & Evry Riddell & John Anderson. July 1698: committee considered the Bill of suspensions.
16	12 July 1698	Act to the Sheriff of Renfrew & his deputies anent the tormentors of Margaret Laird. ‘About twenty years of age within the Parish of Kilmacolme and Earl of Glencairnes land, who hes been since the fifteenth day of May last under ane extraordinary and most lamentable trouble falling into strange and horrible fits judged by all who have seen her to be preternatural arising from the Devell and his instruments. In which fits she distinctly sees and converses with diverse persones whom she constantly affirms to be her tormentors.’
17	21 October 1698	Certificate of Assurance
18	3 November 1698	Association and signatories
19	March 1698	Oath of Allegiance & signatories.

MISC. ITEMS [1699]
Subfolder: Indictment for Witchcraft 4 Items George Graham, Procurator Fiscal against Donald Mcculkie; Agnes Wrath; Margaret Munro; Mary Keile; Erick Chayne; Christine Gailach; Mary Glasse; Agnes Desh; John Glass; Barbara Munro, his wife; Margaret Munro, his mother and Barbara Rasa
1	18 July 1699	Commission for trying and judging twelve ‘witches’ in the north country ‘for the saids diabolical crimes of witches and witchcraft.’
2	1699	Replies to the defences given in for the ‘witches’
3	16 September 1699	Copy of indictment.
4	23 November 1699	Report of the committee on the ‘witches’ in the north.⁴
Untitled Subfolder 7 Items
1	29 November 1699 & 20 December 1699	Deposition of Robert Johnstoun Deposition of Thomas Spence
2	16 February 1699	Committee appointed anent the daft of a proclamation to be drawn in favour of the taxmen of his majesties excise.
3	22 February 1699	Proceedings of the committee for a proclamation anent the excise after the 1 March next.
4	26 March 1699	Petition of Alexander Weir, merchant burges of Kircudbright who was apprehended as a soldier – referred to the committee anent pressed men.
5	2 July 1699	Petition of the heritors of Tiree and Henry Calder, their collector
6	18 July 1699	Concerning an additional committee appointed anent the petition given in by the heritors of Tiree.
7	1699	Petition of George Cuming [sent straight to the King] with his Majesties deliverance. Previous death sentence for murder previously commuted to banishment by the privy council, has been a serving soldier for the last year. King grants request of petition, banishment is lifted, and protection given.
Subfolder: Home & Bruce [1699] 8 Items
1	24 July 1699	Process of Libel: David Home & his brother against Alexander Bruce
2	24 July 1699	Deposition of James Johnstoune.
3	1699	Petition of Alexander Bruce requesting to see a report being submitted to the privy council in the process against him.
4	28 July 1699	Report made by the committee in affair between Bruce & Home.
5	14 September 1699	Privy council’s response and decision to the petition of Alexander Bruce.
6	22 December 1699	Declaration in the process of Home & his brother against Alexander Bruce with reference to the oath of David Home – first part of document has several scores through it.
7	1 August 1699	Consideration of a bond given in by William Morison of Prestongrange & his cautioners
8	12 September 1699	Additional committee anent Kinnierghame & Bruce – Lord Ruthven added to the committee.
Subfolder: Lady Rosyth v Drummond of Innermay 6 Items
1	30 October 1699	Instrument & Precept; John Forrester for himself, Lady Rosyth & her husband Charles Murray against Edward Donaldsone & others.
2	30 October 1699	At Dunfermline – Judgment in the process
3	21 December 1699	Remit concerning the libel & letters of complaint pursued before the privy council by Mr William Gordon & his spouse against Sir William Hope – For allegedly breaking barn doors, seizing corns & cattle & other damages.
4	21 December 1699	Privy council ordain both parties, Sir Francis Ogilvie against Muddie to appear before the privy council the following Tuesday (26^th) to debate the suspension between both parties. Signed: Marchmont
5	21 December 1699	Bond by David Simpson to employ the vacant stipend for the parish of Kilrinnie to repair the kirk & manse.
6	28 December 1699	Petition of David McCulloch, baillie and others in Fortrose. Requesting dismissal of their roles as witnesses in the process between Lairds of Tulloch & Pitliver against Seaforth & others, and reimbursement for expenses incurred. [They failed to compear in the previous December as they were called in the middle of winter to the danger of their lives & detriment of their offices] 28 December 1699: Privy council decision – the Lairds of Tulloch & Pitliver or their agents allowed to see and answer the petition. 9 January 1700: Privy council decision – having considered the petition and the response of the Lairds of Tilloch & Pitliver, a committee is appointed to consider the matter, with the power to decide what expenses are to be paid and to whom. 11 Jmuary 1700: Sederunt Lord Rankillor & Sir Robert Sinclair – judment of committee concerning one of the petitioners, Patrick Lamb who appeared before them.
Subfolder: Bonds of Caution [1699] 7 Items
1	25 January 1699	Thomas Cranstoun & his cautioners to hold & deliver the funds collected through a voluntary collection to be employed to repair the bridge at Teviot.
2	1 June 1699	Bond of caution in lawburrows – John Sinclair of Barrock
3	5 June 1699	Lt. Col. James Bruce to be factor for uplifting the stipends of Clackmanan for pious uses.
4	10 August 1699	William Gordon, advocate [& his cautioners] – to be set at liberty from the guard at Holyrood House upon finding caution to live peaceably with all submission to the present government. Penalty: 2000 merks
5	16 August 1699	Charles Sinclair of Bilbster
6	20 August 1699	William Smittoune [& his cautioners] for receiving the voluntary contribution raised to rebuild the harbour at Kinghorn.
7	12 October 1699	Bond of caution in lawburrows – James Johnstoune, merchant burges of Glasgow for John Mcgorman
		Bond of caution in lawburrows – George Sinclar & John Sinclar younger for John Sinclar, Charles Sinclar, Donald Neilson & others.

ROYAL LETTERS [1699] 9 Items
1	13 March 1699	William R. Read and recorded 21 March 1699 Proclamation authorised to adjourn Parliament from the 14 March to 14 June.
2	23 May 1699	William R. Read and recorded 14 June 1699 Expressing concern of several people in office who have not yet qualified themselves. Authorise the privy council to nominate & appoint qualified persons ‘who are well affected to our government’ as Sheriffs, Lords or Baillies in the said jurisdiction.
3	12 December 1699	William R. Read and recorded 16 December 1699 Concern over an address from the Company of Scotland Trading to Africa that is ‘carried on in such a manner ane with so little respect to our Government as gives us but too just grounds to apprehend the consequences’. ‘We have never hitherto denyed our subjects their just Privileges nor will we ever discourage the liberty of Petitioning, when the same is done in an orderly and dutiful manner.’
4	23 May 1699	William R. Read and recorded 2 June 1699 Proclamation authorised the continuation of the adjournment of parliament from 14 June to 12 September.
5	22 August 1699	William R. Read and recorded 31 August 1699 Proclamation authorised the continuation of the adjournment of parliament from 12 September to 8 November.
6	26 October 1699	William R. Read and recorded 4 November 1699 Proclamation authorised the continuation of the adjournment of parliament from 8 November to 5 March.
7	14 July 1699	William R. Read and recorded 25 July 1699 Expressing satisfaction with the measures taken for prosecuting the Duke of Gordon for some expressions and papists lately removed from his lodgings.
8	20 March 1699	William R. Read and recorded 28 March 1699 By a signature under the Royal hand a contract & associated articles agreed at the Hague in December 1697, are Ratifyed, approved and confirmed. – Continuing and re-establishing a Scots Staple Port in the town of Camphire in Zetland to transport staple commodities to the seventeen Provinces of the Netherlands.
9	3 April 1699	William R. Read and recorded 13 September 1699 Details & orders given concerning the disbanding and reducing of troops.

ROYAL LETTERS [1700] 14 Items
1	25 November 1699	William R. Read and recorded 9 January 1700 Reprieve granted to John & Hugh Fraser who were forfeited in their absence & condemned to die for being accomplices of Simon Fraser. Reprieve given until 20 January so they can represent a defence.
2	10 January 1700	William R. Read and recorded 26 January 1700 Proclamation authorised adjourning parliament from 5 March to 14 May.
3	10 January 1700	William R. Read and recorded 16 January 1700 Response to a petition from Basil Hamilton on behalf of the Company trading to Africa. Hamilton was refused access to present the petition but the desires within were communicated to the secretaries. In answer the letter declares a demand will be made that the King of Spain to release Capt Pinkarton & his crew who are detained prisoners, and that ‘our subjects of that our Kingdom shall be allowed the same liberty of trade that others enjoy with the English plantations.’
4	1 April 1700	William R. Read and recorded 7 May 1700 Response to an application by the Duke of Gordon representing that his affairs & his health suffer due to his confinement. Privy council authorised to lift the confinement so that he may attend his affairs after he finds bond & caution to live peaceably and appear before the privy privy council when called.
5	25 April 1700	William R. Read and recorded 7 May 1700 Proclamation authorised continuing the adjournment of parliament from 14 May to 21 May, as the Duke of Queensbury is not available on the 14^th.
6	29 April 1700	Ŵilliam R. Read and recorded 25 June 1700 Requesting that two pieces of ordnances lying in Edinburgh Castle – The Glyd Gun & the Plus Ultra – belong to the Earl of Argyll and are to be delivered to him.
7	2 May 1700	William R. Read and recorded 7 May 1700 Authorising the privy council to grant a reprieve to John & Hugh Fraser who were sentenced to be executed on 9^th May and directly supplicated the crown for Royal mercy. Reprieve granted until 20^th November so that the matter can be fully considered.
8	13 June 1700	William R. Read and recorded 17 June 1700 Proclamation authorised continuing the adjournment of Parliament from 20 June to 4 July.
9	26 June 1700	William R. Read and recorded 1 July 1700 Informing the privy council that a treaty was renewed with the Government in Algiers specifying that all ships and vessels belonging to any of our subjects trading in the Mediterranean seas or any other parts in the way of Algiers, must hold a pass to prove they are subjects of the crown and belong to no foreigner. Proclamation issued to that effect so that none may pretend ignorance of the treaty, as after [..]September next anyone found by the Algerians without a pass ‘will certainly be seized upon’.
10	26 June 1700	William R. Read and recorded 1 July 1700 Approval for measures taken by the privy council concerning a tumult in Edinburgh in which ‘great insolences were committed. The houses of our officers of the State and others in our Government having been assaulted in a violent manner. And that also the Prison house doors were violently broke open; And severall that were Prisoners for crimes against our Government, and others for civill debts were taken out and set at liberty, And that some persons were killed and others wounded.’
11	26 June 1700	William R. Read and recorded 2 July 1700 Proclamation authorised continuing the adjournment of parliament from 4 July to 13 August.
12	2 July 1700	William R. Read and recorded 9 July 1700 Informing the privy council that affairs do require them to be in Holland for a short time. During their absence, privy councillors ordered to make punctual attendance, and to take care of the peace & quiet of the kingdom.
13	26 July 1700	William R. Read and recorded 16 August 1700 Proclamation authorised continuing the adjournment of parliament from 13 August to 22 October as the ‘circumstances of our affairs’ mean they will not be back in Britain until then.
14	7 October 1700	William R. Read and recorded 15 October 1700 Proclamation authorised continuing the adjournment of parliament from 22 October to 29 October as they are still busy with affairs in Holland and will not be back in Britain until then.

MISC. ITEMS [1700]
Subfolder: Home v Bruce 12 March – 25 March 1700 15 Items
1	April 1700	List of Popish priests and their resetters within the Province of Aberdeen, April 1700
2	4 March 1700	Letters of Diligence – raised by David Home on behalf of his brother George Home, Laird of Kimerghame
3	18 March 1700	Precept of Warning; William Gordon against James Andersone & Androw Broun.
4	12 March 1700	Answers [printed] for Alexander Bruce to the complaint given in to the privy council against him
5	12 March 1700	Visc. of Tarbet & others added to the Kimerghame committee.
6	January – April 1696	Copy of letters from Alexander Bruce sent to David Home, late collector of Berwick-shire 5 printed letters dated from 1 January 1696 – 17 April 1696
7	12 March 1700	Petition of Alexander Bruce
8	12 March 1700	Information [printed] for David Home, and Kimerghame his cautioner against Alexander Bruce
9	14 March 1700	Petition [printed] of George Home of Kimmerghame & written response of the privy council
10	25 March 1700	Depositions of Kimmerghame’s witnesses against Alexander Brunce given before the appointed committee Sederunt: Lord Halcraig & Lord Provost of Edinburgh
11	26 January 1700	Letters of Open Doors; Thomas Gourlay against William Gordon. Signed: Tho. Pringle, written by George Keith, my servitor.
12	4 January 1700	Answers for John Bayne of Tulloch & Sir John Dempster of Pitliver to the petition given in by David McCulloch, Patrick Lamb & others against them.
13	4 January 1700	Instrument; Patrick Lamb against James Taylour as Door or Agent for Pitliver & young Tulloch
14	1700	Information for Captain Alexander Hardie
15	1700	List of papists in the Presbytery of Glasgow
Subfolder: Lady Rosyth v Drummond of Innermay [23 May – 30 May] 3 Items
1	23 February 1700	The Libel of The Lady Rosyth against Drummond of Innermay.
2	23 February 1700	Answers [printed] for the Laird of Innermay, James Ferguson, Baillie of Inverkeithing, and John Cant, clerk therof. To the complaint raised before the privy council, at the instance of the Lady Rosyth and her husband against them.
3	30 May 1700	Instrument of Intimation to witnesses cited before the council
Misc. Items 10 items
1	4 June 1700	Double bond presented by Andrew Crawfurd, John Douglas and David Crawfurd
2	4 June 1700	Petition for John & William Carruthers Committee appointed to consider the matter
3	4 June 1700	Response to petition – Act & Warrant in favour of John & William Carruthers, drovers against Andrew Cawfurd, merchant in london.
4	Undated	Representation [printed] of Robert Douglas to the committee concerning a process between Robert Douglas, elder & younger, soap boilers in Leith and Baillie Menzies
5	25 June 1700	Protest – Robert Douglas, soap boiler in Leith, on behalf of himself & his father against William Stewart & the managers of the customs office.
6	undated	Answers [printed] for the Tacksmen of his Majesties Customs to the petition given in by Robert Douglas, elder & younger, soap boilers in Leith
7	4 July 1700	Protest – Robert Douglas against Samuel Johnstoun
8	1 July 1700	Papers concerning the Africa and India Companies [short note – Total 15 lines]
9	31 December 1700	Letter Crail 31 December 1700 To George Moncreiff Signed: William Robertson and John Rot
10	8 August 1700	Letter to Rev. Mr Thomas Wilkie Concerning the children of papists Signed: Alexander Hamiltoune

BONDS OF CAUTION [1700] 9 Items
1	8 January 1700	Adam Clerk of Ardbigland & William Clerk to employ the whole stipend of the parish of Kikloan for repairing the kirkyard, manse and for other pious uses. Cautioner: George Maxwell
2	4 March 1700	John Currie appointed as factor for uplifting te vacant stipends in the parish of Oyne to be employed for the maintenance of a schoolmaster in the parish. Cautioner: Thomas Erskine younger of Pittodrie
3	15 March 1700	William Cunninghame to employ the vacant stipend of the parish of Gargunnock for repairing the kirkyard dyke and other pious uses.
4	8 April 1700	John Cumming, George Euine & James Grey, to make payment ‘in solidum’ to James Wiseman, collector of the court of the commissioners of Justiciary of the sum of 650 merks Scots money. And also, that they shall make payment to John Grant of 300 pounds money. Cautioner: Alexaner Dunbar
5	13 April 1700	James Sinclair to make payment to Elizabeth Sinclair, Lady Dunbeath, of the yearly annuity of 1400 merks Cautioner: Charles SInclair
6	5 June 1700	Capt. James Urquhart to be liberated from Edinburgh tolbooth under bond & caution that he shall appear before the Privy Council when called and answer any charges laid against him. Penalty: 50 pounds sterling
7	27 August 1700	Bond of caution in lawburrows – William Kendall of Breck as cautioner for William Southerland & Robert Pottinger, merchants in Kirkwall
8	25 September 1700	Bond of caution in lawburrows – David Drummond as cautioner for David Drummond elder & younger of Invermay & John Cant, Clerk of Inverkeithing in the process against the Lady Rosyth
9	28 October 1700	Katharine Gregg permitted to raise a voluntary collection throughout the kingdom for the recovery of her husband James Simpson, skipper of the Margaret of Dysart and his crew. Cautioner: Alexander Swintoune

ROYAL LETTERS [1701] 21 Items
1	22 January 1701	William R. Read and recorded 14 February 1701 All persons in public employment and trust, or of the Council or Exchequer prohibited and discharged from leaving the kingdom betwixt and the first day of May.
2	12 February 1701	William R. Read and recorded 17 February 1701 Orders to be given to the regiment of Dragoons commanded by the Visc. of Teviot. Regiment to march into England.
3	18 February 1701	William R. Read and recorded 24 February 1701 Order for a draft to be made in the kingdom of 450 ‘good and sufficient men’ to be divided into the three regiments in Holland commanded by Lord Portmore, Lord Strathnaver and Col. George Hamilton.
4	18 February 1701	William R. Read and recorded 25 February 1701 Orders for the commanders in chief of the kingdom to beat drums and recruit men to the regiments to replace the 450 recruited to the regiment in Holland.
5	19 February 1701	William R. Read and recorded 24 February 1701 Providing the council with a copy of the letter from the Earl of Melfort to his brother, the Earl of Perth ‘by which you will see, how indefatigable our Enemies are in their endeavours against our Government, and hou readie they are to take the advantage of the present posture of our affairs to disturb the quiet and peace of our kingdoms.’ order due diligence from the council to ‘prevent the designs of our enemies’
6	13 March 1701	William R. Read and recorded 18 February 1701 Concerning the orders previously transmitted regarding recruits and levies for the regiments in Holland and in the kingdom. To proceed with the orders with diligence.
7	28 March 1701	William R. Read and recorded 2 April 1701 Expressing approval and thanks for the council’s proceedings against the authors and contributors of the seditious Talledoux which has ‘been to misrepresent and reflect upon the proceedings of our Parliament and tending to lessen the authority thereof.’
8	25 April 1701	William R. Read and recorded 3 May 1701 Proclamation authorised continuing the adjournment of Parliament to 7 August 1701
9	30 May 1701	William R. Read and recorded 15 June 1701 Approving a draft of the Commission of Justiciary for the Highlands, considered to be the most effectual methods for repressing thefts and robberies and depredations so frequently committed in the highlands.
10	30 May 1701	William R. Read and recorded 15 June 1701 Orders to stopping the levying of 160 recruits to complete the regiments from which the drafts were taken.
11	5 June 1701	William R. Read and recorded 22 June 1701 Informing the council of officers being sent to the Scotland to raise recruits for completing two battalions of foot commanded by the Earl of Orkney being transported from Ireland to Holland.
12	24 June 1701	William R. Read and recorded 12 July 1701 Commissions granted to deploy two companies of foot in the Southern and Northern districts of the Highlands to repress and prevent ‘thefts and depredations.
13	24 June 1701	William R. Read and recorded12 July 1701 Concerning reductions to the regiments
14	28 June 1701	William R. Read and recorded 29 July 1701 Archibald, Visc. of Roseberry added to the Privy Council
15	28 June 1701	William R. Read and recorded 31 July 1701 Earl of Sutherland added to the Privy Council
16	28 June 1701	William R. Read and recorded 29 July 1701 Adam Drummond of Meggins added to the Privy Council
17	25 July 1701	William R. Read and recorded 2 August 1701 Proclamation authorised continuing the adjournment of Parliament from 7 August to 16 November.
18	30 October 1700	William R. Read and recorded 4 November 1701 Authorising the council to examine persons in prison or under confinement for disaffection, and liberate them if appropriate
19	25 October 1701	William R. Read and recorded 4 November 1701 Proclamation authorised for continuing the adjournment of Parliament from 6 November to 8 January
20	15 November 1701	William R. Read and recorded 24 November 1701 Expressing approval of an address of the council confirming their loyalty and affection, particularly as the French king proclaimed the Prince of Wales as king of Scotland, England and Ireland.
21	29 December 1701	William R. Read and recorded 6 January 1792 Proclamation authorised for continuing the adjournment of Parliament from 8 January to 14 April

MISC ITEMS [1701] 31 Items
1	25 January 1701	Minutes [printed] of the Proceedings of Parliament. Numb.51 Attached [handwritten] petition of Mr William Gordon concerning the process of libel pursued by him against Sir William Hope & James Fairfoull. Dated 25 January 1701
2	4 February 1701	Witnesses charged to appear before the Privy Council in the process of Lady Rosyth & Charles Murray against David Drummond of Innermay & others
3	1701	List of papists in the vacant parish of Cargill [written on a small square scrap of paper]
4	4 February 1701	Witnesses charged to appear before the Privy Council in the process of Rosyth against Drummond
5	4 March 1701	Petition of Lady Mersingtoun, Charles Swinton & others concerning the custody of Andrew Fletcher of Aberlady
6	1701	Petition of Lady Mersingtoun, Charles Swinton & others concerning the custody of Andrew Fletcher of Aberlady
7	6 March 1701	Petition of Robert Maxwell
8	6 March 1701	Warrant for apprehending Mr Mathias Partis & Mr John Houslie, merchants in England for debts.
9	6 March 1701	Sederunt & Minutes of council at the council chamber Summary of minutes + separate associated folios [am]
	i	Recommendation to the Lord Advocate to make enquiries concerning the murder of Livingstoune in Linlithgow Associated folio: Written recommendation of the same
	ii	Representatives from the General Assembly request a National Fast Associated folio: Recommendation to the Lord Advocate to draw a draft of a proclamation for a national fast
	iii	Recommendation to the Lord Advocate to give order for the sequestration of Wallace, daughter to William Wallace of Craigie & Earl of Seaforth and his sister. Associated folio: Written recommendation of the same
	iv	Committee nominated & appointed to consider the causes & condition of prisoners in the tolbooth of Edinburgh. Associated folio: Committee for visiting the prisoners in Edinburgh tolbooth
	v	Process of libel – Alexander Strauchan of Glenkindie James Menzies Tutor of Weem and Alexander Gordon of Campbell against the several persons
10	6 March 1701	Sederunt & Minutes of council at the council chamber Summary of minutes + separate associated folios [pm]
	i	Committee appoint Lord High Chancellor to oversee the Collections or contributions for building the harbour of Eymouth Associated folio: Warrant to the Lord Chancellor to oversee the collection
	ii	Petition given in by the Lady Mersington
	iii	Witness depositions considered in the process Wm. Gordon against Wm. Hope
	iv	Commissioners of Justiciary discharged from holding any circuit courts. Associated folio: Warrant for dispensing with the Lords of Justiciary, their going in circuit for the year 1701
11	6 March 1701	Roll of council business for the 6 March 1701
12	17 April 1701	Letter addressed to Sir James Stewart, his majesties advocate at Edinburgh. Concerning the growth & spreading of popery, particularly Mr William Livingsoun of Kilsyth who allegedly keeps professed papists as his domestic servants. Signed: James Stirling at Glasgow
13	21 April 1701	Letter addressed to The right honourable Sir James Stewart of Goodtrees Concerning the town being ‘infested’ with priests & trafficking papists. Signed: John Alexander, John Ross, Alexander Orem, Alexander Forbes & Alexander Patton [Baillies in Aberdeen]
14	Undated	Additional representation to the Privy Council concerning Androw Burnet, a deprived minister who has set himself up to preach in Aberdeen, despite being deprived
15	3 June 1701	Warrant to the clerk for an act liberating Capt. James Urquhart from the Edinburgh tolbooth. Addressed to Gilbert Eliot. Signed: A. Cokburne
16	3 July 1701	Letter addressed to Mr Thomas Wilkie, Moderator of the General Assembly Concerning papists in the presbytery of Peebles Signed: Alexander Cooper at Peebles
17	22 July 1701	Petition for John & William Carruthers, Drovers & tenants to his Lord the Duke of Queensberrie concerning debts owed to them by Androw Craufurd, a London merchant. 22 July 1701 – Petition referred to the committee appointed to consider the matter. 23 September 1701 – The Lord President of Session & Lord Philliphaugh added to the above committee
18	5 August 1701	Decreet in favour of John & William Caruthers – as Patrick Craufurd has not produced Androw Craufurd, merchant in London before the committee, the former is now liable to pay ‘security or the somes’ contained in the English bonds.
19	5 August 1701	Full report of the committee appointed to consider the process between Caruthers & Craufurd.
20	23 September 1701	Petition of John & William Carruthers, drovers and another from Patrick Craufurd referred to the committee appointed to consider the matter.
21	1701	Representation [printed] addressed to the Estates of Parliament for Mr William Gordon of Balcomy, Advocat against Sir William Hope Deputy-governor of the Castle of Edinburgh
22	24 September 1701	Report of the committee absent Caruthers & Crawfurd Sederunt: Marquis of Annandale, Earl of Leven, President of Session, Lord Halrig, Lord Philiphaugh, Lord Advocat
23	27 February 1702	Double bond of Patrick Crawfurd to make payment to John & William Caruthers
24	24 October 1701	Letter addressed to Mr Thomas Wilkie, Moderator of the Co mission of the General Assembly Concerning papists in the presbytery of Haddington Signed: J. Finlay
25	7 December 1701	Petition for Patrick Crawfurd 25 December 1701: council heard both parties and continue the action 30 December 1701: both parties & witnesses heard and a committee appointed to consider the matter in more depth
Subfolder: Mr Gordon of Balcomby against Sir William Hope 25 Items
1	29 January 1701	Letters of libel – Mr William Gordon of Balcomby & others against Sir William Home & others
2	29 January 1701	Roll of witnesses in the process x 3 folios
3	8 February 1701	Mr James Gordon who passed the letters on to Sir William Hope at the command of Mr Gordon
4	1 February 1701 3 February 1701 4 February 1701	Execution of letters before the Privy Council
5	3 February 1701 4 February 1701	Details of witnesses
6	13 February 1701	Letters of Reconvention – Sir William hope, deputy governor of Edinburgh Castle against Mr William Gordon & others
7	14 February 1701 17 February 1701	Witnesses charged to appear before the Privy Council
8	13 February 1701 14 February 1701 17 February 1701	Execution of Reconvention
9	22 February 1701	Witness depositions
10	26 February 1701	Witness depositions
11	26 February 1701	Information [printed] for Sir William Hope of Randerston, George Arnot and James Fairfoull of Kilduncan agaimst Mr William Gordon & others
12	2 March 1701	Petition [printed] of William Gordon Council responded [handwritten]- 7 March/13 March
13	2 March 1701	Information [printed] for William Gordon
14	2 March 1701	Answers [printed] for Sir William Hope, Mr James Balfour, Mr George Arnot, James Fairfoull and the other persons cited in the libel pursued at the instance of Mr William Gordon, and Elizabeth Wood, his spouse, and others.
15	2 March 1701	Answers [printed] for Sir William Hope to the petition given in by Mr William Gordon
16	6 March 1701	Decreet absolvitor – Sir William Hope against Mr William Gordon
17	18 February 1701	Witnesses charged to appear before the Privy Council
18	10 February 1701	Declaration of David Christie, apothecary in Crail stating that Mr John Lindsay is unable to travel from his at Wormston to Edinburgh without there being a danger to his health. Signed: David Christie
19	10 February 1701	Declaration of William Hardie, minister of the gospel at Crail stating that Mr George Dishingtoune, clerk of Crail has gone abroad to recover from severe pains in his legs and is unable to attend as a witness on the appointed day. Signed: W. Hardie
20	12 February 1701	Declaration of Robert Wood, Doctor of medicine stating that Mr George Arnot cannot travel to Edinburgh without hazard of his life. Signed: Ro. Wood
21	25 February 1701	Order of council adding the Earl of Forfar to the committee appointed to consider the process between William Gordon of Balcomie & Sir William Hope
22	20 February 1701	Order of council adding Lord Forfar & the Laird of Grant to the committee appointed last council day to consider the process between Lady Rosyth against Gordon of Innermay
23	10 February 1701	Declaration of William Hardie, minister of Crail stating that Mr John Lindsay is unable to attend as witness in Edinburgh without hazard to his life – he has a violent cough, pains in his head and shortness of breath which has afflicted him the whole winter.
24	20 February 1701	Order of council adding Lord Forbes & the Laird of Grant to the committee concerning Wm. Gordon against Wm. Hope
25	4 March 1701	Order of council appointing the Earls of Argyll & Leven, Lord Montgomery & Aberuchill to be a committee appointed to consider the process for Capt. Alexander Hardie.

13 . BONDS OF CAUTION [1701] 19 items
1	15 February 1701 & 22 February 1701	Confinement of William Grahame of Bogchaple to be lifted upon giving bond & caution to live peace ably and with all submission to the present government. Cautioners: Sir Colin Campsie of Kinglass Penalty: 1000 merks scots Signed by their own hand at Kilmarnock & Edinburgh
2	7 March 1701	George Winrame, upon finding sufficient caution, appointed as collector for a voluntary collection to be raised to repair the bridge & port at Eyemouth. Cautioner: Robert Johnstoun
3	13 March 1701	James Fairfoull to be liberated from Edinburgh tolbooth upon finding bond & caution that he shall appear to answer any process raised against him by the Lord advocate for the words spoken by him against the estate of Parliament. Cautioner: Sir William Hope, deputy governor of Edinburgh Castle Penalty: 3000 merks scots
4	21 March 1701	Full power, authority & commission granted to John Alexander of Blackhouse to endorse all acts & proclamations against importing Irish grain & victual. Power to search, seize & apprehend all importers of victual from into Ireland into Scotland. Cautioner: Robert Alexander Penalty: £100 Sterling
5	25 March 1701	James Clerk, engraver to the mint to avoid prison gives bond & finds caution to appear before the Lords of Council, their committee and the Lords of Justiciary when called. Cautioner: James Pennan, Goldsmith in Edinburgh Penalty: 1000 merks scots
6	26 March 1701	Robert Wood, engraver & prisoner in the tolbooth of Edinburgh liberated upon giving bond & finding caution to appear before the Lords of Council, their committee and the Lords of Justiciary when called. Was examined regarding the copper plate about Caledonia. Cautioner: Robert Brice, Goldsmith in Edinburgh Penalty: 500 merks scots
7	27 March 1701	Mathew Finlaysone, under servant to the African Company liberated from the Edinburgh guard upon giving bond & finding caution to appear before the Lords of Council, their committee and the Lords of Justiciary when called. Cautioner: Andrew Cokburn, merchant Penalty: 200 merks scots
8	2 April 1701	Rodrick McKenzie, Secretary to the African Company, liberated from the Edinburgh tolbooth upon giving bond & finding caution to appear before the Lords of Council, their committee and the Lords of Justiciary when called. Cautioner: John McKenzie of Cramond Penalty: 1000 merks scots
9	28 April 1701	John McCulloch granted a commission on 14^th March upon giving bond & finding caution to search for, seize & apprehend all Irish victuals imported into the kingdom.
10	5 May 1701	Peter & Donald Brown’s sentence of death handed out by the sheriff deputy in Banff computed to banishment upon giving bond and finding caution that they shall depart for his Majesty’s dominions never to return under pain of having the death sentence put into execution. [both men were accused of being ‘Egyptians’ and tried with two others – James Macpherson & James Gordon – before the sheriff of Banff in 1700.]
11	19 May 1701	William Whyte in Poldean to act as factor and employ the vacant stipend for reparation of the Kirk and manse, or to build a sufficient new manse. Cautioner: John Caruthers
12	21 May 1701	Bond of caution in lawburrows – Malcom McAnlay as cautioner for William Southerland in Kirkwall, Orkney & Robert Pottinger in the process against Francis Murray
13	1 July 1701	George Burrell, portioner in Kinazwood, upon giving bond & finding sufficient caution, appointed to hold the money taken in from a voluntary collection raised in several parishes throughout the kingdom, to be used to repair the Guilet Bridge Cautioner: Robert Douglas
14	20 July 1701	Alexander McRitchie & James Douglas to be liberated from the tolbooth in Northferry upon giving bond & finding caution they will appear before the Lords of Council & Justiciary or their committees and conform to the laws and penalties contained in the Acts of Parliament against theft. They will answer whatever is laid to their charge. Cautioner: George Rentoune Penalty: 300 merks scots
15	12 July 1701	John Smellie, indweller in Glasgow upon allowance from the Lord Advocat and the committee set up to hear Munkrigg & John Weir, order him to be liberated from Edinburgh tolbooth upon giving bond & finding caution to appear before the Lords of Council and Justiciary and their committees and answer any charges of theft brought against him for house breaking. Penalty: 300 merks scots [written on reverse] ‘The principle warrant of this bond given to the keeper of the tolbooth at Smellie’s liberation.’
16	1 August 1701	Bond of caution in lawburrows – George Irving of Broomlands as cautioner that Adam Carlyle shall not harm James Duncan in his person, goods or the peaceable possession of his lands.
17	13 August 1701	James Maxwell, upon giving bond & finding sufficient caution, appointed as factor for uplifting & gathering a voluntary collection to be raised in several parishes throughout the kingdom, to be used to repair the bridge over the water of cart.
18	16 August 1701	Bond of caution in lawburrows – William Wilson as cautioner that George Kennedy, Archibald Johnstoun & William Johnstoun, their wives servants and manservants shall not harm James Duncan in his person, goods or the peaceable possession of his lands Penalty: 3000 merks Scots for George Kennedy & Archibald Johnstoun and 1000 merks Scots for William Johnstoun.
19	26 September 1701	John Weir’s death sentence commuted to banishment. Liberated from Edinburgh tolbooth upon giving bond that he shall depart his majesty’s dominions before 15^th October, never to return under pain of being executed.

1. Gordon subsequently escaped from prison in Aberdeen, see entries D1698/11/2 & D1698/12/18

2. Writing almost illegible as blackened out.

3. Date of privy council’s written response on back of folio.

4. Individual commentary on the accused.