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

NRS, GD248/594/6 – Seafield Papers, 1698-1713

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 7th 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 (17th Act of the 6th 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.