Edinburgh the 11th November 1703
D1703/11/2
D1703/11/21
Procedure
[Buchan elected Preses]
In absence of the Lord Chancellor and Lord president of privie Councill The Earle of Buchan Elected preces
1. NRS, PC2/28, 272v.
1. NRS, PC2/28, 272v.
D1703/11/2
D1703/11/21
Procedure
In absence of the Lord Chancellor and Lord president of privie Councill The Earle of Buchan Elected preces
1. NRS, PC2/28, 272v.
1. NRS, PC2/28, 272v.
D1703/11/1
D1703/11/12
Sederunt
Earl of Buchan; Earl of Lauderdale; Earl of Forfar; Earl of Dunmore; Lord Register; Lord Advocat; Lord Aberuchill; Lord Halcraig; Lord Anstruther; Lord Rankeillour; Lord Phesdo; Lord Tillecultrie; Laird of Stevensone; Laird of Prestongrange; Lord Provost of Edinburgh
1. NRS, PC2/28, 272v.
2. NRS, PC2/28, 272v.
1. NRS, PC2/28, 272v.
2. NRS, PC2/28, 272v.
D1703/10/2
D1703/10/21
Warrant
It being Represented by Her Majesties Advocat That Robert Wilsone a Drover was addebted in Considerable soumes To John Dick and James Dinn also Drovers and tennents to the Marquess off Montrose But that the said Robert Wilson hath withdrawen out off the Kingdome in defraud off his said Creditors and yet drives a Covert trade withine this Kingdome in other mens names And that therfor he was desired To give a warrand to arreist the said Robert Wilsone wher he might be found within the Kingdome untill he should find Caution to answer as Law will The Lords of privie Councill allowed Her Majesties Advocat to give the said warrand.
1. NRS, PC2/28, 272v.
1. NRS, PC2/28, 272v.
D1703/10/1
D1703/10/12
Sederunt
Marquis of Annandale P:C:; Earl of Lauderdale; Earl of Finlatter; Earl of Forfar; Earl of Dunmore; Earl of Rosberry; Earl of Hoptoun; Lord Haddo; Lord Advocat; Lord Justice Clerk; Laird of Collingtoun; Laird of Carringtoun; Laird of Prestongrange
1. NRS, PC2/28, 272v.
2. NRS, PC2/28, 272v.
1. NRS, PC2/28, 272v.
2. NRS, PC2/28, 272v.
D1703/9/23
D1703/9/231
Act
Annent The petitione given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By Thomas Kennedy and John Johnstoun keepers off the parliament house Shewing That the petitioners in their station Haveing attended His Grace and Honourable Members of this last Session off parliament upon all occasiones requisit (as is hoped) To his Graces satisfaction which exposed them to Extraordinary attendance and to wast deall off expence for Candle By reasone off the frequent and late Sederunts And it being Customary and usuall That the petitioners are allwayes Recommended by his Grace and Lordships To the Lords of the Theasaury for granting some allowance not only for service and attendance Dureing the session off parliament But also for Expence off Candle and other Expensses And Therfor Creaving to the effect aftermentioned As the said petition Bears The Lords of Her Majesties privie Councill Haveing Considered the above petition Given into them By Thomas Kennedy and John Johnstoun keepers off the parliament house And the samen being read in their presence The saids Lords Doe heirby Recommend the petitioners to the Lords Commissioners off Her Majesties Theasaurie To grant them such allowance For ther attendance Dureing the sitting of the last session of parliament and for Defraying the Expenss of Candle and other contingent Chairges as their Lordships shall think fitt
1. NRS, PC2/28, 272r.
1. NRS, PC2/28, 272r.
D1703/9/22
D1703/9/221
Act
Annent The petition given in and presented to His Grace Her Majesties High Commissioner and the Lords of Her Majesties privie Councill By John Cross Junior merchant Naturall born subject of the Antient Kingdom off Scotland and Citizen off Glasgow Shewing That haveing for the space off Eight years past Resided at Theneriff one off the Canary Islands, Factor in one off the Cheiffest houses off bussiness there Did upon the apprehension off this present war Endevour to bring off his effects and did Imbark from thence (leaving all behind him) In order to Fraughting off a shipe for that purpose wherin he hes been singularly Disappoynted by the Generall Embargo then in England and by the Declaration off this present war as does more amply appear by the followeing relation off the petitioners Caice That immediatly upon the petitioners arrivall in England (which was in the moneth of February 1702) He procured a Shipe on fraught burden 240 Tuns Then lying in the River of Thames, every way Equipt, and ready to proceed the voyadge But was unhappily detained by the Generall Imbargo, then in England, Wherupon a petition was presented to his Late Majestie and Councill That the said shipe in soe singular a Caice might be exempted from the Embargo But by reason of his said late Majesties sickness and Death, noe privat affaires took place and the said petition was never heard And the Embargo continueing till the Declaration off war By her present Majestie The petitioner hes been totally disappointed in his measures as also off another shipe then lying in the Bay of Duplin burden 160 Tuns, being fully loadned and dispatched and haveing actually set saill from the said Bay was affterwards put back by Contrary winds and Detained therby till the Declaration off war and soe frustrated of his First intended voyadge That this caice of the petitioner is in all respects quite differrent from that off any English subject or other that hes lived upon the saids Islands Inas much as the petitioner hes all his effects still wholy remaining ther (to that Degree that he hes noe possibility off subsistance otherwayes then by Credit with his freinds till he can gitt off his effects) not haveing been able to bring off any pairt therof ever since the Declaratione off war By the disappointment off the abovementioned ships designed for that purpose That the Major pairt off his Effects have been unavoidably bartered for wines to be receaved off the grouth of the Ensueing vintage, therby the more to Induce the Spaniards to Conceall and secure the rest off his effects in their hands which is lykewayes a particular Circumstance that noe English subject or other but the petitioner does ly under and iff not Complyed with upon his pairt will inevitably ruine him That he hes made noe remittances aither off money or goods since the Declaration of war to the said Canary Islands or any other pairt off the Dominions of Her Majesties Enemies That the petitioner hes late advices from the said Islands That his effects (tho in great Danger) have not been yet either discovered or confiscated, and he hes Lykewayes assurance From the persones with from he hes intrusted his concernes That they will procure a Method to send off his effects provyding the petitioners can send a Shipe to receave the same with pipe staves only for the makeing off Cask to put the vines into and doubts not the Spaniards, will performe their Ingadgements, If his Grace and Lordships will be graciously pleased to permit the petitioner to performe his voyadge By goeing to bring his effects out off the danger Which at present they are Exposed to And to Import the same into this Kingdome wherby considerable Custome will accrew to the Revenue And Therfore Creaving His Grace and Lordships To grant licence for the shipe Adventure Burden 240 Tun’s To goe to the said Canary Islands with pipe staves only and to return with his Loadning of wines off the grouth off the Ensueing vintage and other goods the product off the said Islands, The reall effects off the petitioner And to Recommend unto Her Majestie That she would be graciously pleased To grant Her Royall passport for the Security off the said shipe and loadning (2as hes been granted in the caice of Robert Gordon Factor at Bourdeaux and Mr Robert Arbuthnet That she may not be molested By Her Majesties English Ships off war or others which is what solely can prevent the petitioners further misfortune and avert his impending ruine Haveing not Dependance upon the Spaniards as to their Complyance affter the Ensueing vintage, to the Contrary he is assured That iff the petitioner be not allowed to Embrace the occasion His effects will be unavoidably lost and he therby irrecoverably ruined As the said petition Bears The Lords of her Majesties privie Councill Haveing Considered the petition given into them By John Corse merchant Naturall born subject off Scotland and Citizen off Glasgow, and the samen being read in their presence The saids Lords of Her Majesties privy Councill Doe Heirby leave it To the Lord High Chancellor To lay the matter within represented in the petition befoir Her Majestie and to Communicat the same to the secretary of state for that effect
1. NRS, PC2/28, 270v-272r.
2. Closing bracket missing.
1. NRS, PC2/28, 270v-272r.
2. Closing bracket missing.
D1703/9/21
D1703/9/212
Sederunt
Lord Chancellor; Duke of Atholl P:S:; Earl of Buchan; Earl of Loudoun; Earl of Finlater; Earl of Leven; Earl of Forfar; Lord Forbes; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Mr Fra: Montgomry; Laird of Collingtoun; Sherriff of Bute; Lord Provost of Edinburgh
1. NRS, PC2/28, 270v.
2. NRS, PC2/28, 270v.
1. NRS, PC2/28, 270v.
2. NRS, PC2/28, 270v.
D1703/9/20
D1703/9/201
Act
Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By Duruk Horselop, Master of the shipe Called the state house off Berghem and Stephen Hulst Master of the St Peiter off Berghem Shewing That wher the petitioners upon the faith of the Commone custome off Nationes which allowes For the necessity off all people in War That the Shipes of Newtrall Countries may be imployed for carrying on the Trade off princes and states Engaged in War Haveing Come in here loadned with seaverall Commodites particularly the product of the Countries to which we belong and particularly the product off the other Countries The petitioners wer to their very greet surprize quarrled by the Judge Admiral on pretence of the act of Navigation in Anno 1663, And are therby threatned with processes and Confiscatione And under the present inconveniency off being detained which to trading men as they are can scarcly be repaired or valued For these reasones they are necessitat humbly to apply to their Lordships To take off the restraint put upon the petitioners ships as being that which most immediately Concernes the privie Councill Being a Matter which touches the Correspondence betuixt the petitioners Masters and this Kingdome Wherin the subjects off the Kingdome off Denmark Have allwayes been very tender and The petitioners in particular Have had the opportunity to Doe seaverall servicesses to Merchants off Scotland By covering ther effects and receaveing them From privateers in their oun Country As can be attested by persones beyond Exception in this place The petitioners Desire will appear the more reasonable when the forsaid Act off Navigation is Considered Which is declaired to commence from a day blank to this hour nor was it ever put in practise one the conterary it was found in Desuetude By a Decreit of Exchequer in Fero in a Caice Betuixt Baillie Charters and the Master of the English ship Nor was the designe of the Act to regulat Commerce in tyme off war Soe that it wer the hardest thing in the world That the petitioners, strangers, should be overtaken and Imbarassed in our trade acting according to the common Custome off Nationes in tyme off war and as the petitioners themselves and other Danish ships ussed to trade Dureing the Last war without any molestatione or trouble Nor Does the Act of Navigation seem clear the second clause in the Act alloweing importation in forraigne botoms upon payment off the Double duety and after all the Admiralls attachment is founded in noe Law nor Act And Thairfor Humbly beeseeching His Grace and Lordships in consideration off the premisses To allow the petitioners To peruse their Laufull Employments And to Dischairge the Admirall to molest the petitioners As the said petition Bears His Grace Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing Considered the above petition given into them By Duruck Horselope master of the shipe called the stadshouse of Berghem and Severene Hulst Master of the Saint Peter of Berghem And the samen Being read in their presence His Grace and the saids Lords Doe heirby Recomend To the Earle of Glasgow Lord Theasaurer Deput, Lords President of Session, Register and Advocat To speak with the within mentioned areistery annent the mater therin represented And to see that the Saids Shipps be cleared by them.
1. NRS, PC2/28, 269v-270v.
1. NRS, PC2/28, 269v-270v.
D1703/9/19
D1703/9/192
Sederunt
Her Majesties Commissioner; Lord Chancellor; Marquis of Annandale P:C:; Duke of Atholl P:S:; Earl of Crafurd; Earl of Mar; Earl of Morton; Earl of Galloway; Earl of Loudoun; Earl of Leven; Earl of Forfar; Earl of Dunmore; Earl of Stair; Earl of Rosbery; Earl of Glasgow; Lord Forbes; Lord President of Session; Lord Register; Lord Advocat; Lord Aberuchill; Mr Fra: Montgomry; Sherriff of Bute; Laird of Kilburnie; Laird of Hoptoun; Laird of Prestongrange
1. NRS, PC2/28, 269v.
2. NRS, PC2/28, 269v.
1. NRS, PC2/28, 269v.
2. NRS, PC2/28, 269v.
D1703/9/18
D1703/9/181
Act
Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By Jean Countess Douger of Southerland Shewing That where upon the Decease off Her Dear Lord George Earle of Southerland, His Grace and Lordships upon application wer pleased to allow his Corps to be interred in the Abbay Church of Holyroodhouse And seeing, his Dignity and merite Justly deserves a Tomb or Monument for Recording his memory And Thairfor Creaving to the effect afftermentioned as the said petition Bears His Grace Her Majesties high Commissioner and the Lords of her Majesties privie Councill Haveing Considered the above petition Given into them By Jean Countes 2 Dowger of Sutherland and the samen Being read in their presence His Grace and the saids Lords Doe heirby Recommend to Anna Dutches of Hamiltoun And in her absence Gives order and warrand to John Hamiltoun Her Graces Baillie of the Abbay of Holyroodhouse To Suffer and permitt the petitioner to Errect and build ane monument or Tomb upon George Earle of Southerland Her Deceast husbands Grace in the Church of the said Abbay off Holyroodhouse Notwithstanding the samen be Declarred Her Majesties Chappell.
1. NRS, PC2/28, 269r-269v.
2. The word ‘of’ scored out.
1. NRS, PC2/28, 269r-269v.
2. The word ‘of’ scored out.