Judicial Proceeding, 9 August 1703, Holyruidhouse

Posted on April 9, 2023 by iamronfish

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Judicial Proceeding

Interloquitor anent Major Generall Thomas Buchan

His Grace her Majesties high Commissioner, and Lords of her Majesties privy Councill Haveing Considered a verball report of a Committie of their oun number to whom it was Remitted to examine the affair of Major Generall Buchan who is lately come from France, and reasoned fully upon the said matter, His Grace and the saids Lords appointed the Lord Register and Advocat to Comune with the said Major Generall and know of him whither he was content to undergoe a tryall for his intercomuneing with her Majesties Declared Enemies Since the proclamation of Warr Or Enact himself to depart furth of her Majesties dominions betwixt and the Certain short day; and the saids two Lords of privy Councill Haveing accordingly Communed with him therein The said Major Generall Buchan haveing first testified his inclynation to the saids Lords and therafter being called to the Barr in presence of his Grace and the haill Lords present as marked in the sederunt Did Declare that he was content and Satisfied raither to depart furth of her Majesties Dominions and find baill for that effect Then under a tryall provideing his Grace and the saids Lords would allow some Competent time to Setle his bussines in this kingdome; Therfore and in respect of the said Majro Generall Consent forsaid His Grace and the saids Lords doe hereby appoint and ordaine the said Major Thomas Buchan to give bond and find sufficient Caution acted in the books of privy Councill that he shall depairt furth of her Majesties dominions betwixt the date hereof and the twenty third day of September nixt to come and shall not returne therto without Libertie granted to him for their effect by her Majestie or the privy Councill; And in the mean time that he shall Live peacable under and with all Submission to her Majesties Government and that he shall not act Consent or Contrive any thing in prejudice therof nor converse or Correspond with any rebells And that under the penalty of Fyve Hundred pounds Sterling; And appoints the said Caution to be found betwixt and Thursday nixt And in the mean time Continues the said major Generall in his Chamber upon his parroll of honor which he gave at the Councill untill Caution be found in maner forsaid.

Sederunt, 9 August 1703, Holyruidhouse

Posted on April 9, 2023 by iamronfish

Att Holyruidhouse the Nynth day of August Jajvijc and thrie years

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[9 August, Holyruidhouse]

Sederunt: Her Majesties Commissioner; Lord Chancelor; Marquis of Annandale p.c:; Marquis of Atholl P S; Earl of Erroll; Earl of Marr; Earl of Mortoune; Earl of Glencairn; Earl of Eglingtoune; Earl of Galloway; Earl of Leven; Earl of Dunmore; Viscount of Stair; Lord Forbes; Lord Boyle T:D:; Lord Register; Lord Advocat; Lieutenant Generall Ramsay; Mr Francis Montgomry; Cavers; Laird of Kilbirny; Laird of Prestongrange; Lord Provost of Edinburgh

Judicial Proceeding, 7 August 1703, Abbay of Holyruidhouse

Posted on April 9, 2023 by iamronfish

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Judicial Proceeding

Committee anent Major Generall Buchan

His Grace her Majesties high Commissioner Haveing represented to the Lords of her Majesties privy Councill That Major Generall Thomas Buchan who is Lately come from France and Surrendered himself to his Grace, Wherupon his Grace had taken the said Major Generalls engadgment upon his word of honour to remain in his Lodging till the Councills farder orders His Grace and Lords of her Majesties privy Councill Doe hereby Nominat the Lord president of privy Councill, Lord privy Seall, Lord Secretary Tarbat, Lords thesaurer depute, present of Session Register, Advocat and Justice Clerk as a Committie to Consider the Capitulation betwixt the said Major Generall and the Government and upon what conditiones he was sent abroad and to Call for and examine him anent his returning from France and to enquyre what other persones are lately returned from thence who were their before and at the time of the indemnity And Recommends to the said Committie to meett at the Abbay of Holyruidhouse on Munday morning at Nyne of the Cloak And to report to the Councill the next Councill day, And Declaires any thrie a Sufficient qworum, and appoints the macers of Councill to make intimation to the said Major Generall Thomas Buchan That he attend the said Committee of Councill upon the day and at the time above mentioned and in the meantime that he is under his parroll of honour to keep his confinement to his oun Chancelor untill the day and hour forsaids.

Sederunt, 7 August 1703, Abbay of Holyruidhouse

Posted on April 9, 2023 by iamronfish

Att the Abbay of Holyruidhouse the Seventh day of August Jajvijc and thrie years

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[4 August, Abbay of Holyruidhouse]

Sederunt: Her Majesties Commissioner; Lord Chancelor; Marquis of Annandale p.c:; Earl of Galloway; Earl of Lowdoune; Viscount of Stair; Lord Boyle T:d:; Master of Tarbat; Lord President of Session; Lord Register; Lord Advocat; Lord Aberurchill; Mr Francis Montgomry; Shirriff of Bute; Laird of Kilbirny; Laird of Hopetoune

Act, 4 August 1703, Edinburgh

Posted on April 9, 2023 by iamronfish

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Act

Act Captain Mathew Campbell

Anent the Petition given in to the Lords of her Majesties privy Councill be Captain Mathew Campbell Shewing That his Grace and the saids Lords would be pleased to consider That the season of the year was farr spent and that by the petitioners instructiones from the saids Lords the petitioner is oblidged to keep Commpany with Captain Gordon and the rest of the vessells the Length of the Orkneyes And Therfore humbly Craveing the said Lords would be pleased to alter the first two articles of his instructiones By allowing the petitioner to make the best of his way for the west Seas wher he was appointed to Cruize and to take allong with the petitioner what Shipps were goeing his way As also that the saids Lords would be pleased to give him ane precept upon the Commissars for Eleven pounds Sterling which the petitioner hade payed since he came in for two top-masts and too yeards In Regaird the old ones were useless and rotten which could not be known while they carried saile as the petition bears His Grace her Majesties high Commissioner and the Lords of her Majesties privy Councill Haveing Considered the above petition given in to them by Captain Mathew Campbell and the Samen being Read in their presence His Grace and the saids Lords doe hereby appoint the said Appoint the said Captain Mathew Campbell Immediately to pursue his voyadge from the Road of Leith to the west Seas for the Cruize formerly appointed him their notwithstanding of any article of his former instructiones to the Contrary.

Sederunt, 4 August 1703, Edinburgh

Posted on April 9, 2023 by iamronfish

Att Edinburgh the Fourth day of August Jajvijc and thrie years. Called Extraordinary.

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[4 August, Edinburgh]

Sederunt: Her Majesties Commissioner; Lord Chancelor; Earl of Crafurd; Earl of Marr; Earl of Mortoun; Earl of Leven; Viscount of Tarbat; Lord Boyle T:D:; Master of Tarbat; Lord Justice Clerk; Lord Aberurchill; Mr Francis Montgomry; Shirriff of Bute; Laird of Stivenson

Proclamation, 27 July 1703, Edinburgh

Posted on April 9, 2023 by iamronfish

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Other Commission

Proclamation anent persones goeing to and Staying in France since her Majesties indemnity

Proclamatione anent persones goeing to and Staying in France Since her Majesties indemnity being Read was voted approven and Signed wherof the tenor followes.

Anne By the Grace of God Queen of great Brittain France and Ireland defender of the faith To our Lyon King at Armes and his brethren; Heraulds; Maccers of our privy Councill, Pursevants; Messingers at armes our Shirriffs in that part Conjunctlie and Severallie Specially Constitute Greetting Forasmuchas on the occasion of our late Gracious indemnity Severall persones who were not only guilty of haveing gone to and Stayed in France or the dominions belonging to the French King contrairy to our Laws and Acts of parliament but also who have continowed to stay and abide there since the Sixteen day of March Last the date of our said Indemnity Notwithstanding of our Denunciatione of Warr against the French King and his Subjects for bidding all intercomuneing or Corresponding with them or any other our declared enemies doe presume at their oun hand to returne unto this kingdome wher they may prosecute their evill and wicked practises Therfore Wee with advice of our privy Councill Doe hereby Strictly prohibit and discharge all that have gone or stayed in France or any of the dominions belonging to the French King Since the forsaid Sixtein day of March the date of our said indemnity or doe still remaine their Contrair to our said denunciation of Warr and Lawes and acts of parliament That they presume not to returne to this kingdome without Leave first obtained from us or our privy Councill under the paine of being repute adjudged and punished as intercommuners and Corresponders with our declared enemies and under the other pains contained in our saids acts of Parliament And wee with advice forsaid Doe hereby Requyre and Command all Shirriffs and their deputs and Stewarts and their deputs and all Baillies of Regality, Magistrates of Burghes with all other inferior Judges and officers of our Lawes that they be carefull to apprehend and secure the persones of such as shall presume to returne Contrary to this proclamation or are guilty of the forsaid intercomuneing or Corresponding with our saids declared enemies and make knowen the same and present the said persones to our privy Councill That they may be punished according to their deserveing And wee doe farder Requyre all our good Subjects to discover and dilate the forsaid transgressors to the effect they may be Secured and punished accordingly and that upon their highest perrill, Our Will is Heirfore and wee Charge yow strictly and Command that incontinent thir our Letters Seen ye pass to the meircat cross of Edinburgh and remanent marcat Crosses of the head burghes of the respective Shires and Stewartries within this kingdom and therat in our name and authority by open proclamation make publication hereof That non may pretend Ignorance And Ordaines these presents And ordaines these presents to be printed and our Solicitors to dispatch Coppies Hereof to the Severall Shirriff Stewarts and Magistrats for publication as said is.

Sederunt, 27 July 1703, Holyruidhouse

Posted on April 9, 2023 by iamronfish

Att Holyruidhouse the Twentie seventh day of July Jajvijc and thrie years Called Extraordinar

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[27 July, Edinburgh]

Sederunt: Her Majesties Commissioner; Lord Chancelor; Marques of Annandale p:C; Marques of Atholl P:S:; Earl of Crafurd; Earl of Erroll; Earl of Mortoune; Earl of Eglingtoune; Earl of Leven; Earl of Northesk; Earl of March; Viscount of Tarbat S; Lord Inverurie; Lord Forbes; Lord Boyle T:D:; Lord Register; Lord Advocat; Lord Justice Clerk; Lieutenant Generall Ramsay; Mr Francis Montgomery; Laird of Kilbirnie

Warrant, 16 July 1703, Edinburgh

Posted on April 9, 2023 by iamronfish

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Warrant

Warrant to Robert Russell to be Master of the Dumbarton-Castle

His Grace her Majesties high Commissioner and the Lords of her Majesties privy Councill, Doe hereby Warrant Impower and appoint yow Robert Russell to be Master of her Majesties Shipp, called the Dumbartoune Castle Willing and Requyreing yow to goe aboard the said Shipp and take upon yow the Charge as master of the said Shipp. Strictly Chargeing and Commanding all the inferior officers and Seamen belonging to the said Shipp to obey yow in their respective Stationes and Imployments with all due respect as master of the said Shipp and yow Likewayes to observe and execute all orders and instructiones That yow shall receive from your Captain or any of your Supperior officers from time to time wherin yow nor non of yow may faill as yow will answer the Contrary at your perrills; And for so doeing thir presents (Being recorded in the books of privy Councill and to continue untill recalled) Shall be your Sufficient warrant. Given at Holyruidhouse the Sixteinth day of July Jajvijc and thrie years Sic Subscribitur Seafeild Cancellar IpD.

Order, 16 July 1703, Edinburgh

Posted on April 9, 2023 by iamronfish

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Order

Instructiones to Captain Mathew Campbell

Followes the Instructiones for the said Captain Campbell for the Better executeing the forsaid Commission.

By her Majesties high Commissioner and the remanent Lords and others of her Majesties privy Councill The instructiones following are given to Captain Mathew Campbell Commander of her Majesties Shipp the Dumbartoun-Castle In prosecution and for Better executeing of his Commission and to be by him punctually observed upon his perrill.

Yow are Immediately to saile from the Road of Leith with and in Company of Captain Gordon to the Islands of Orkney.

When yow part with him yow are to make the best of your way for the western coast.

When yow arryve their yow are to Cruize from the Sound of Mulle in the highlands to the Mull of Galloway and from thence the Lenth of Lambie Issland near Dubline And to take and have under your protection and convoy all bessells and Shipps belonging to her Majesties Subjects that shall fall in your way.

Yow are to defend your self and Shipps under your Convoy against all her Majesties enemies Whither French or Spanniards and all others with whom her Majestie is at present Engadged with Warr who shall presume to attack yow to the outtermost of your power, And to endeavour by all your force to Subdue them; And bring them in as prize to be declared Such.

Yow are also as yow find occasion and your Self in condition to attack and sett upon all her Majesties enemies and to endeavor by all your force to Subdue them and Seize their Shipps and goods.

Yow are also to search all shipps goeing or comeing from France and Spain or any of the dominions belonging to the saids Kingdomes; And if yow find them carrieing Counterband goods to any enemies countrey To Seize them their Shipps and haill goods and being them in as prize.

Yow are to observe the time of your Cruizeing and all other articles contained in your Contract with the Lords of her Majesties thesaury.

Yow are carefully from time to time to advyce us of all that occurrs dureing your Cruize; Given at Holyruidhouse the Sixteinth day of July Jajvijc and thrie years.