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

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.

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.

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’.

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.

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.

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.

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.

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.’

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

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:

1. The money for aliment would not be payable until the laird reached the age of 21.

2. Lady Sutherland would maintain custody of the children until Arbuthnot reached the age of 15.

3. 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.

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.

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.

1. 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.

2. Commission under the great seal for the Marquis of Tweeddale to be Lord High Chancellor.

3. Commission for the Earl of Rothes to be Lord Privy Seal.

4. Commission for the Earl of Roxburgh to be secretary of state.

5. Commission for the Earl of Seafield to be secretary of state.

6. Commission to George Baillie of Jerviswood to be Lord Treasurer Depute.

7. Commission for William Hamilton of Whitelaw to be Lord Justice Clerk.

8. 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.

9. 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.

10. 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.

11. Petition from Gibsone, a pressed man; read and refused.

12. Petition from Viscount Arbuthnot read and the PC allowed it to be seen and answered by the Countess of Sutherland the next council day.

13. Warrant for setting Grieve of Pinacle at liberty from the tolbooth of Selkirk.

Adjourned until Thursday 7 December at 3pm.

8

5/12/1704

Note of business 5 December.²

1. Commission of council

2. Commission Lord Chancellor

3. Commission earl of Rothes

4. Commission earl of Roxburgh

5. Commission earl of Seafield

6. Commission Jerviswood

7. Commission Lord Whitelaw

8. Petition John Duff

9. Petition Dallas of St Martins

10. Petition John Gibsone

11. Petition the Viscount of Arbuthnot

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.

12

5/12/1704

Interlocutors in the case of Grieve of Pinacle and Scott of Tushielaw.

14

5/12/1704

Printed answers for Tushielaw and others to the process raised by Grieve of Pinacle against him.

16

2/12/1704

Execution of letters David French against Francis Bell.

18

12/12/1704

Call of parties and witnesses in the case between Dallas and Cockburn

20

7/12/1704

Committee for examining St Martins’ witnesses and their depositions. Signed by Leven.

Sederunt: Leven (praeses) and Provost of Edinburgh.

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’.

24

7/12/1704

Committee anent Elgin’s petition was ordered to meet the following Monday at 3pm and to report.

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.

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.

30

12/12/1704

Note of business 12 December.⁶

1. Process to be advised the laird of St Martins against his lady.

2. Petition Captain Livingston.

3. Petition the laird of Ashintilly

4. Petition Rattrays

5. Petition for Coupbairdy and John Duff

6. Petition Davidson of Geight

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.

34

12/12/1704

‘Scroll Commission for treating with the States of Holland anent the six Scotts regiments in their service’

36

12/12/1704

Interlocutor in the case between Lady St Martins and her husband. Signed by Tweeddale.

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.

1. Proclamation ‘anent recruits vagabonds and strong and idle beggars’ read, voted and approved, then ordered to be published and printed.

2. 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.

3. 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.

4. The PC approved of the consent provided by Andrew Rutherford (a false coiner) to go and serve as a soldier in Flanders.

5. Warrant discharging the clerks of council to give Roderick McKenzie (secretary to the Company of Scotland) an extract of the sederunt of council.

6. 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.

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.

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.

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’.

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

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.

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.

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.

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.

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.

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.

60

20/12/1704

Execution John Chalmers, burgess of Elgin, against witnesses.

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.

1. The earls of Mar and Haddington qualified themselves as privy councillors in the usual manner and took their seats at the board.

2. 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.

3. Committee for searching the Worcester.

PC adjourned until next Tuesday at 3pm.

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).

6

23/12/1704 – 2/1/1705

‘Approbation of the Procedor of the Committee Anent Captain Greins ship The Worcester’⁹

1. 23 December at Burntisland. The committee made inspection of the Worcester’s cargo and interrogated one of its crew named George Haines.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 2 January 1705. This seven page report was read and approved of in the meeting of the Privy Council. Signed by Tweeddale.

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.

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.

2

24/1/1704

Enactment that Anna Seton that she will appear before the PC when called under the penalty of £400 Scots.

4

15/2/1704

Bond Donald Fraser to appear before the council when called under the penalty of 1,000 merks.

6

13/3/1704

Bond to the magistrates of Jedburgh for employing vacant stipends for building a bridge in Ancrum.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

4

5/1/1705

Instrument Archibald Edmonston of Duntreath and his factor to William Hamitlon of Orbistoun.

6

4/1/1705

Interlocutor in the case of John Chalmers against James 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.

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.

1. 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.

2. 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.

3. 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.

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.

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.

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.

18

Proceedings of the Worcester committee at Burntisland, 8-16 January.

Sederunt: Earl of Balcarres, Earl of Forfar.

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

20

8/1/1705

Roderick McKenzie was ordered to give any papers seized from Green to Leven. 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.

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.

1. The PC grant Brigadier Maitland ‘ane forloth’ until 1 March and allowed him to come to Edinburgh to give an account of his garrison.

2. Belhaven added to the committee anent false coinage, which was to meet the next day at 10am.

3. The committee anent pressed men was ordered to meet the following Thursday at 3pm.

4. 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.

5. 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.

26

9/1/1705

Committee anent pressed men to meet the following Thursday at 3pm. 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).

30

undated

Answers for Archibald Stewart of Burray to the petition of David Flett of Gurthy, John Flett of Cletts and others.

32

11/1/1705

Note of business 11 January.¹⁴

1. Petition the friends of the family of Wintoun.

2. Petition James Stewart.

34

11/1/1705

James Clark, engraver to the mint, to prepare new dyes for 5s and 10s pieces.

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.

38

16/1/1705

Note of business 16 January.¹⁵

1. Process of the Lady Sutherland.

2. Report of the Worcester committee.

3. Bill of suspension for Mr John Taylor.

4. Bill of suspension for Mr Patrick Chalmers.

5. Petition the Lady Breadisholme.

6. Petition the sheriff depute of Aberdeen.

7. Petition for Colonel Patrick Ogilvie.

8. Petition from Captain Green.

9. Petition from Anna Chiesly.

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.

42

16/1/1705

Worcester committee to give orders regarding the searching of the ballast on board the ship. Signed by Tweeddale.

44

16/1/1705

Scroll report of the Worcester committee.

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.

48

18/1/1705

Note of business 18 January.¹⁶

1. Process the Countess of Sutherland against the Viscount of Arbuthnot.

2. Process Edmonstone of Duntreath against Hamilton of Orbistoun.

3. Commission to Mr Dougal Stewart to be Stewart of Monteith.

4. Petition the sheriff deputes of Aberdeen.

5. Petition the laird of Leckie.

6. Petition David McCulloch.

7. Petition the sheriff deputes of Aberdeen.

8. Petition the Presbytery of Haddington.

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.

52

18/1/1705

Printed answers from the Countess of Sutherland in response to the petition of the Viscount of Arbuthnot.

54

18/1/1705

Scroll decreet the Viscount of Arbuthnot against 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.

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.

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.

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.

64

23/1/1705

Scroll decreet McCulloch and others against John Bain younger of Tulloch.

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’.

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’.

70

undated

Answers from the heritors and magistrates of Haddington to the GA Commission’s proposals.

72

23/1/1705

Interlocutor upon the petition of the Presbytery of Haddington. Signed by Tweeddale.

74

8/12/1704

Act of commission of the GA anent Haddington.

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.

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.

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.

1. Commission for Adam Cockburn of Ormistoun to be Justice Clerk.

2. Letter from the queen adding the Justice Clerk to the PC and he qualified himself in the usual manner.

3. Letter from the queen adjourning parliament until 27 March.

4. Act appointing Anna Chiesly to be released from the correction house of Edinburgh and to remove herself from the kingdom.

5. 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.

6. 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.

7. 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.

8. 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.

9. Petition from Alexander Marfield, granted in his favour.

10. Petition from the sheriff deputes of Aberdeen and the PC allowed the prisoners currently there and suspected of infanticide to be transported south.

11. Petition of David McCulloch and others against John Bain of Tulloch. The latter was ordered to pay all of the pursuers.

12. The committees named to deal with the Worcester affair were ordered to meet the following day at 10am and macers were to advertise this.

13. Petition from the laird of Leckie and it was appointed to be seen and answered the following council day.

14. Petition the countess of Sutherland read and refused.

15. 2 February was appointed as the day for Lady Braidisholme’s payment to be made forthcoming.

PC adjourned until the following Thursday at 3pm.

82

25/1/1705

Note of business 25 January.¹⁸

1. Bill of suspension Mr George Taylor.

2. Bill of suspension Mr Patrick Chalmers.

3. Petition the Countess of Sutherland.

4. Petition the laird of Leckie.

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.

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.

1. Worcester committee to give assurances and indemnity to members of the crew who ‘shall make Discovery’.

2. 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.

3. Committee named to receive proposals for enlarging the currency of the coin. They were to meet the following day at 2pm.

4. Committee named for hindering the importation of prohibited goods and ordered to meet at 2pm the next afternoon.

5. Commissioners of the treasury were ordered to make an agreement with the Duke of Gordon and Goodtrees was to prosecute McIntosh of Borlem.

6. 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.

7. Parties and lawyers in the case of Patton of Panholls against the earl of Perth to be ready to debate the next council day.

8. Petition from the Countess of Southesk read and granted.

9. 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.

10. Next Tuesday (6 February) was the queen’s birthday so celebrations were to be organised in the usual form.

11. 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.

12. 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.

4

1/2/1705

Committee named to enquire into the growth of ‘popery’.

6

1/2/1705

Interlocutor the Countess of Southesk against Mr James Martine.

8

1/2/1705

Warrant for using the new ‘cashet’ designed by James Clark in all time coming. 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

12

1/2/1705

Committee named to receive proposals ‘anent Inlargeing the currancie of the Coyne’. 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.

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.

1. Draft of a proclamation against priests and ‘papists’ read, voted, approved and ordered to be signed, published and printed.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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’.

7. 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.

8. 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’.

9. 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.

10. 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.

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.

20

8/2/1705

Worcester committee to meet. 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.

24

9/2/1704

Committees named to meet on Mondays and Wednesdays at 11am and 3pm in the committee room. Signed by Tweeddale.

26

12/2/1704

List of suspected persons in the case of the murder of a woman in Pittenweem who was a suspected witch.

28

13/2/1705

Note of business 13 February.²⁰

1. Report of the Worcester committee.

2. Commission in favour of the earl of Wigtoun to be Stewart of Strathearn.

3. Petition the Lady Breadisholme.

4. Petition the Earl of Murray.

5. Petition Captain John Browne.

6. Petition St Martins and his wife.

7. Petition the Lady Spott.

8. Petition from the Company of Scotland.

9. Petition Mr William Forbes.

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.

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.

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.

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.

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.

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.

1. 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.

2. 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.

3. 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.

4. Richard Waddell recommended to the treasury for a vacant stipend.²¹

5. Petition the earl of Murray read and granted.

6. Petition Clara Ruthven Lady Spott with answers from Alexander Hay of Lawfield and she was ordered to produce a bond regarding the case.

7. Petition James Donaldson ‘Gazeteer’; read and refused.

PC adjourned until the following Tuesday (20 February) at 3pm

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.

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).

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.

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.

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.

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.

54

15/2/1705

Interlocutor in the process between the agent of the Kirk and Dr Waddell.

56

15/2/1705

Execution of poinding for Andrew Johnstone of Knockhill against Francis Bell.

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.

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.

1. Sailing orders given to Captain Campbell.

2. Petition from Thomas Green and other members of the Worcester crew.

3. Petition from William Bruce of Stenhouse.

4. Additions to the membership of the committee considering the petition of William Denholme.

5. 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.

6. Lt Gen Ramsay to provide troops for the ship the Dumbarton Castle.

Adjourned until Thursday 22 February at 3pm.

62

20/2/1705

Sir William Bruce against Lady Cullearn, Alison Turnbull.

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).

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.

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.

1. Letter from the earl of Roxburgh regarding Fort William voted and approved.

2. Petition from Lady Breadisholme younger appointed to be seen and answered.

PC adjourned until Thursday 27 February.

70

22/2/1705

Letter about Fort William from the earl of Roxburgh, one of the secretaries in waiting.

72

28/2/1705

Witnesses called for Ensign James Fleming and John Galbraith

74

23/2/1705

Instrument upon the delivery of Captain Green’s papers to the court of admiralty.

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).

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.

1. Act William Bruce of Stenhouse against Alison Turnbull. Delayed and parties to agree in the meantime.

2. Act reprieving Grisell Tulles until 14 March.

3. 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.

4. Petition from Mrs Anderson, HM printer, and the PC allowed her to raise a libel against James Watson for printing prohibited books.

5. Petition from Rose Muirhead, lady Breadisholme younger. The laird of Breadisholme elder was ordered to pay her £50 sterling in aliment.

6. 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

7. 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.

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.

82

27/2/1705

Interlocutor on the petition from the Lady Breadisholme younger.

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.

4

1/3/1705

Officers of the mint to open the mint and continue coining 10s pieces. Signed by Tweeddale.

6

1/3/1705

Recommendation to Ramsay for the recruits being sent from Leith on 10 March.

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.

10

8/3/1705

Instructions given to Captain Thomas Gordon, commander of the ship called the Royal Mary. Signed by Tweeddale.

12

8/3/1705

Note of business 8 March 1705.²⁸

1. Letters the laird of Riccartoun against James Braid and others.

2. Libel the lord advocate against the magistrates of Pittenweem.

3. Hearing between Agnes Campbell (‘Ms Andersone’) and James Watsone.

4. Reports anent ‘papists’.

5. Petition Mr Roderick McKenzie.

6. Petition Mr William Forbes.

14

8/3/1705

James Webster granted the authority to print a book of his sermons. Signed by Tweeddale.

16

8/3/1705

Recommendation to the committee regarding priests and trafficking ‘papists’ to meet.

18

9/3/1705

Enactment William Borthwick for the other magistrates of Pittenweem.

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.

1. 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.

2. Warrant to set David Oliphant and William Halliday free from the tolbooth of Edinburgh for their account of the rabble.

3. Warrant for setting Davidson and Knox (rabblers) ‘upon the troan scurgeing and Banisheing them’.

4. Exoneration of James Johnstone late Register and his servants.

5. 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.

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.

24

10/5/1705

Warrant for scourging, setting on the tron and banishing James Knox and William Davidsone, rabblers. Signed by Seafield.

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.

28

12/3/1705

Scroll decreet Sir William Bruce against Lady Cullearn and her husband.

30

12/3/1705

Sist of the execution against Captain Green and his crew was continued. Signed by Tweeddale.

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.

1. Letter from the queen to the council adjourning parliament until 3 May.

2. Proclamation for adjourning parliament read, signed and appointed to be printed.

34

14/3/1705

Letters Cannon and others against Griersone and others.

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.

38

after 18/3/1705

Double of the above printed answers for Andrew Johnston of Knockhill against Francis Bell and his wife Isabel.

40

20/3/1705

Copy Latin commission for the Duke of Argyll to be high commissioner to parliament.

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.

1. Commission for the Duke of Argyll to be high commissioner to parliament.

2. Commission for Seafield to be Lord Chancellor.

3. Commission for Annandale to be one of the principal secretaries of state.

4. 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.

5. Recommendation to Ramsay to send the troops to Holland by 22 March.

44

20/3/1705

Committee for preparing a letter to the secretary of state to be laid before the queen regarding Captain Hews.

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.

48

21/3/1705

Captain Yeaman to receive £30 sterling. Signed by Annandale.

50

22/3/1705

Instrument in favour of Andrew Johnston of Knockhill.

52

22/3/1705

Execution of letters in the case between Alexander Cannan, writer in Edinburgh, and others against Alexander Hamilton of Haggs.

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.

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.

58

27/3/1705

Execution of letters in the case between John Blair and Mr James Gray and Mr Thomas Hall.

60

28/3/1705

Letter from the council to the queen regarding the process against Captain Green and his crew.

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.

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.

1. Petition from Thomas Linstead of the Worcester crew and he was reprieved until 15 May.

2. George Haynes of the Worcester crew reprieved until 15 May.

3. Letter from the queen regarding Captain Green. Read, voted, approved and ordered to be recorded and transmitted to the queen by flying packet.

66

28/3/1705

Petition from Thomas Linstead and the PC decision granting him a reprieve.

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.

2

3/4/1705

Letter from the council to the queen regarding Captain Green.

4

3/4/1705

Additions to the committee anent priests.

6

3/4/1705

Petition of Jean Simpson. 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.

10

3/4/1705

Letter from Roxburgh to Tweeddale regarding Fort William

12

3/4/1705

Reprieve to John Bucklie until 15 May.

14

3/4/1705

Recommendation to the committee regarding the murder at Pittenweem to meet.

16

6/4/1705

Affidavit for Kenneth Cowan.

18

7/4/1705

‘a Certificate from the Secretary to the English East India Company of London’

20

7/4/1705

Affidavit of John Rogers who had sailed on the Alexander Gally.

22

10/4/1705

Interlocutor upon Captain Green’s petition.

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.

26

10/4/1705

Execution of letters of lawburrows raised at the instance of Andrew Johnstone of Knockhill against Francis Bell.

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.

1. Letter from the queen regarding Captain Green. Ordered to be recorded and a warrant was extended to that end.

2. Commutation of Barbara Tannahill’s sentence of death to banishment.

30

11/4/1705

Reprieve granted to members of the Worcester crew until 18 or 19 April, according to the queen’s wishes.

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.

1. 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.

2. 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.

3. 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.

4. Committee named to interrogate Samuel Wilcocks.

5. Reprieve to Henry Keigle and three other members of the Worcester crew until 27 April.

6. Reprieve to James Burne and three other members of the Worcester crew until 4 May.

7. ‘Proclamatione against Tumults Mobs & rables’ read, voted, approved and ordered to be published and printed.

34

17/4/1705

Recommendation to the lord advocate to pursue the rabblers.

36

17/4/1705

Warrant to the magistrates of Edinburgh to secure the rabblers. Signed by Seafield.

38

17/4/1705

Reprieve to Henry Keigle and other members of the Worcester crew until 27 April.

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.

1. 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.

2. Recommendation to the treasury to aliment a false coiner named Clark during the time of his imprisonment.

3. Letter from the queen adjourning parliament until 24 May. Ordered to be published and printed.

42

18/4/1705

Warrant for the fuel to the garrison of Fort William kept at Invergarry. 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.

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.

1. Letter from the queen adding the earl of Glasgow to the PC.

2. Letter from the queen adding Lord Archibald Campbell (brother of the Duke of Argyll) to the PC.

3. Commission for Philiphaugh (one of the senators of the College of Justice) to be clerk register.

4. Letter from the queen adding Philiphaugh to the council.

5. Goodtrees suggested that the records and papers of the office of Register should be transmitted from the possession of James Johnstone to Philiphaugh.

6. Letter to the Chancellor from Captain William Grant, commander of the independent companies giving account of his men’s opposition with some Strathdon men.

7. 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.

8. 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.

9. 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.

10. Reprieve for John Brockley to 20 June.

11. Protection granted to Dr May.

12. 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.

13. Petition William Durham and a committee named to ensure he departed from the kingdom under the pain of death.

14. 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.

15. PC appointed the judges in the admiralty court to make payment of 6s per day in aliment to the members of the Worcester crew.

48

26/4/1705

Committee named to examine Geogre Haines and Charles May, members of the Worcester crew. 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.

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’.

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.

56

26/4/1705

Warrant for providing aliment to the Worcester crew. Signed by Seafield.

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.

2

undated but see 1/5/1705

Supplication of members of the Worcester crew.

4

1/5/1705

Petition of James Burne and other members of the Worcester crew.

6

1/5/1705

Warrant for passing the earl of Leven’s commission to be master of the ordinance. Signed by Seafield.

8

1/5/1705

Petition of Oliver Sinclair, sutler in Edinburgh Castle.

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.

12

3/5/1705

Committee depositions of witnesses in the case of the lord advocate against the rabblers.

14

5/5/1705

Warrant for interring Lady Sutherland in the abbey of Holyroodhouse. Signed by Seafield.

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.

1. 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.

2. Remissions to be delivered to George Haines and Thomas Linsteed.

3. Petition of Alexander Hegens and he was to be paid by the treasury.

18

8 – 10/5/1705

Execution of letters Alexander Cannan, writer in Edinburgh against Sir Robert Griersone of Lagg and others.

20

8/5/1705

Interlocutor in the case against the rabblers and finding the libel proven. Signed by Seafield.

22

9/5/1705

Deposition of Edward Campbell, shoemaker in Calton, regarding the rabble

24

10/5/1705

Exoneration to James Johnstone, former lord clerk register. 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.

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.

30

12/5/1705

Warrant for interring the Countess of Findlater in the abbey church.

32

15/5/1705

Warrant to Leven and the Edinburgh provost to set Haynes and Linsteed at liberty. 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.

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.

1. Letter from the queen adjourning parliament until 14 June.

2. Goodtrees to make the testimony of Haynes into writing.

3. Leven to release Haynes and Linsteed from the castle.

4. The chancellor produced to the board the testimony of Israel Phippany.

5. Recommendation in favour of Captain Richardson, captain of the Edinburgh town guard.

6. Recommendation to the treasury in favour of Ensign Pringle.

7. Petition from Lady Breadisholme younger to be seen and answered the next council day.

38

15/5/1705

Petition of Lady Breadisholme younger.

40

30/5/1705

Recommendation to Goodtrees to prosecute people who had been in France since the indemnity. Signed by Seafield.

42

30/5/1705

Warrant to Captain Campbell to transport the crew of the seized privateer to Glasgow. Signed by Seafield.

44

30/5/1705

Petition of Captain John Livingston.

46

30/5/1705

Reprieve granted to Henry Keigle and other members of the Worcester crew to 1 August. Signed by all present councillors.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.