[A1703/33]

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.

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

[A1703/32]

[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 

[A1703/30]

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.

[A1703/29]

Other Commission

Commission to Captain Mathew Campbell to be Captain of  the Dumbartoun Castle

Commission to Captain Mathew Campbell to be Captain and Commander of her Majesties Shipp the Dumbartoun Castle, Read voted and approven and Subscrybed by a qworim of the Councill in maner underwrittin. Follows the said Commission.

Ann By the Grace of God Queen of Scotland, England, France and Ireland defender of the faith with advice and Consent of the Lords of our privy Councill Doe hereby Constitute and appoint yow Captain Mathew Campbell Captain and Commander of her Majesties Shipp the Dumbartoun-castle, Willing and Requyreing yow furthwith to goe on Board of the said Shipp and to take upon yow the Charge and Command of Captain in her accordingly Strictly Chargeing and Commanding all the officers seamen and Souldiers belonging to the said Shipp to behave themselves Joyntly and Severally in their respective Stations and Imployments with all due respect and obedience to yow their said Captain And yow Likewayes to observe and execute alse well the instructiones herewith to yow delyvered by our privy Councill and attested by their Clerk as what farder orders and directiones yow shall from time to time receive from us or them or any others your Supperior officers for our Service, And wee being now engadged in Warr with the French-King and King of Spain and their adherents, Wee hereby give yow further power and Commission; not only to defend against butt attack these our enemies and with withall your force to subdue and seize them and their Shipps and goods to be Declared Lawfull prize wherin yow nor non of yow may faill as yow will answer to the Contrary at your perrill, And for so doeing these presents (Being recorded in the books of our privy Councill and to continue untill recalled) Shall be your sufficient warrant, Given by Warrant and under the Signet of our privy Councill at Holyruidhouse the Sixteinth day of July Jajvijc and thrie years Sic Subscribitur Queensberry Commissioner Seafeild Cancellar. Annandale P. Athole P:S: Argyle, Crafurd. Mar. Morton. Leven. Dunmore. Boyle.

[A1703/27]

Other Commission

Commission to David Prescio to be Livetenent of the Royall Mary

Commission to David Prescio to be Livetenent of her Majesties Shipp the Royall Mary Read voted and approven and Subscribed by a quorum of the Councill in maner underwrittin Of the which Commission the tenor followes.

Anne By the Grace of God Queen of Great Brittain France and Ireland defender of the faith with advice and consent of the Lords of our privy Councill Doe hereby Constitute and appoint yow David Prescio Livetenent of her Majesties Shipp called the Royall Mary; Willing and Requyring yow  the Charge and Command of Livetennent under the Captain of the said Shipp, Strictly Commanding and Charging all the inferior officers Seamen and Souldiers belonging to the said shipp to behave themselves Joyntly and Severally in their respective Stations and Imployments with all due respect and obedience into yow their said Livetennent; and yow Likewayes to observe and execute in absence of the Captain all orders and instructiones That shall be Immediatly directed to yow by our privy Councill attested by their Clerk from time to time or any orders to be given yow from us or your said Captain or any other your Superior officers for our Service; And wee being now ingadged in Warr with the French King and King of Spain and their adherents Wee hereby give yow farder power and Commission Not only to defend against But to attack these our enemies and with all your force to Subdue and Seize them and their Shipps and goods to be declared Lawfull prize; Wherin yow nor non of yow are to faill as yow will answer to the Contrary at your perrill And for so doeing these presents (being recorded in the books of our privy Councill and to continue till recalled) Shall be your Sufficient warrant Given by warrand and under the signet of our Councill Att our pallace of Holyruidhouse the Sixteinth day of July Jajvijc and thrie years Sic Subscribitur Queensberry Commissioner Seafeild Cancelar Annandale P: Athole P:S: Argyle Crafurd: Marr. Leven: Boyle.

[A1703/26]

Order

Instructions for Captain Thomas Gordon

Followes the Instructiones for the said Captain for the better executeing of his Commission.

By her Majesties high Commissioner and the remanent Lords and others of her Majesties privy Councill, The instructiones following are given to Captain Thomas Gordon Commander of her Majesties Shipp called the Royall Mary In prosecution and for better executeing of his Commission and to be by him punctualy observed upon his perrill.

Yow are Immediately to sail takeing her Majesties ship the Dumbartoune Castle in Company with yow; The Length of the Isles of Orkney wher yow are to let him part for the Station appointed to him.

Yow are to take under your Convoy all Vessells bound to the Northward and carefully see such of them safe into their respective harbours so farr as Orkney, Then yow are to returne and Call along the Coast for all vessells bound for the Firth and take all who are ready from place to place under your Convoy.

If no vessells be ready to come out of harbours when yow call Yow are to cruize ten dayes betuixt the Staples and the Islands of Zetland wher your Station is appointed to be and call again for what shipps are to come to the Firth and take them under your Convoy as above.

Yow are carefully from time to time to advice us of all that occurres dureing your Cruize.

Yow are to defend your self and all Shipps under your Convoy against all her Majesties enemies Whither French or Spaniards and all others with whom her Majestie is at present Engadged in Warr, who will presume to attack yow to the outmost of your power and to endeavour by all your Force to Subdue them and make 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 Lett upon all her Majesties said Enemies and endeavor by all your force to Subdue them and Seise their Ships and goods.

Yow are also to search all Shipps goeing to or comeing from France or Spain or any of the dominions belonging to the said Kingdoms and if yow find them carieing Counterband-goods to any enemies Countrey to seize them their Shipps and haill goods and bring 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. Given at Holyruidhouse the sixtein day of July Jaj vijc and thrie years.

[A1703/26]

Other Commission

Commission In Favors of Captain Thomas Gordon to be Commander of her Majesties Ship the Royall Mary

Commission to Captain Thomas Gordon to be Captain and Commander of her Majesties Shipp the Royall Marry Read voted and approven wherof the tenor followes.

Anne By the Grace of Gord Queen of Scotland England France and Ireland defender of the faith with advice and Consent of the Lords of our privy Councill Doe hereby Constitute and appoint yow Captain Thomas Gordon Captain and Commander of her Majesties Shipp the Royall Mary Willing and requyreing yow furthwith to goe on board of the said Shipp and take upon yow the Charge and Command of Captain in her accordingly. Strictly Charging and Commanding all the officers Seamen and Souldiers belonging to the said Shipp to behave themselves joyntly and severally in their respective Stationes and Imployments with all due respect and obedience into yow their said Captain and yow Likewayes to observe and execute alse weell the instructiones herewith to yow delyvered by our privy Councill and attested by their Clerk as what farder orders and directiones yow shall from time to time receive from us or them or any other Superior officers for our Service; And wee being now ingadged in Warr with the French King and King of Spain and their adherents We hereby give yow farder power and Commission not only to defend against Butt attacque these our enemies and with all your force to Subdue and Seize them and their Shipps and goods to be declared Lawfull prize wherin yow nor non of yow are to faill as yow will answer the Contrary at yowr perrill, And for so doeing these presents (being Recorded in the books of our privy Councill acted to continue till recalled) shall be your Sufficient warrant. Given by warrant and under the Signet of our privy Councill att our pallace of Holyruidhouse the Sixtein day of July Jajvijc and thrie years Sic Subscribitur Queensberry Commissioner Seafeild Cancellar Annandale P, Athole PS: Argyle, Crafurd, Mar, Morton, Leven, Boyle.

Att the Abbay of Holyruidhouse the Sixteinth day of July Jajvijc and thrie years Called Extraordinary

[A1703/25]

[16 July, Edinburgh]

Sederunt: His Grace her Majesties Commissioner; Lord Chancelor; Marques of Annandale p:C; Duke of Argyll; Earl of Crafurd; Earl of Marr; Earl of Mortoune; Earl of Leven; Earl of Dunmoir; Viscount of Rossberie; Lord Boyle Thesaurer Depute; Mr Francis Montgomery; Laird of Kilbirnie; Laird of Prestongrange

[A1703/24]

Order

Recommendation to the Lord Advocat to raise a Lybell at the instance of the family of Seaforth Against the Countes of Seaforth

The Marques of Annandale Lord President of privy Councill haveing made a verball report to his Grace her Majesties high Commissioner and the Lords of her Majesties privy Councill anent the Countes of Seaforth and William Earle of Seaforth her son And his Grace and the Councill haveing Considered the samen with the petition presented by the Freinds of that Familly and formerly Read They doe hereby Recommend to Sir James Stewart her Majesties advocat to cause raise ane Lybell at the Instance of the Friends and relationes of the family of Seaforth named in the petition with Concourse of his Lordship against Francis Countes of Seaforth upon informatione to be given in to his Lordship by the saids Freinds and to cite her accordingly for carieing away and sending her son the said Earle out of this Kingdome to be bred a papist.

[A1703/23]

Order

Recommendation to the Lord Advocat to bring in to the Councill ane proclamation Anent persones in France at the time of the indemnity

His Grace her Majesties high Commissioner and the Lords of her Majesties privy Councill, Doe hereby Recommend to Sir James Stewart her Majesties advocat to prepair and bring into the Councill nixt Councill day ane proclamation anent persones that have been in France at the time of her Majesties Gracious generall indemnity and Nominats and appoints the Marques of Annandale Lord president of privy Councill; The Duke of Argyll the Earles of Eglingtoune and Loudoun The Viscount of Tarbat Lord Secretary; The Lord thesaurer depute and Mr Francis Montgomry to be a Committie to Consider the draught of the said proclamation, And Recommends to the said Committie to meett to morrow morning at nyne of the Cloak and declaires any two to be a quorum.