NRS, PC12/1705-1706 (box 8) – Inventories of Miscellaneous Boxes

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

NRS, PC12/1705-1706 (box 8) – Inventories of Miscellaneous Boxes

1705, June 4 – 26 [23 items]
1 4/6/1705 Execution John Blair (agent for the Kirk) against Inglis Lauder Grahame and witnesses. James Inglis was the late incumbent at Muthill, James Lauder was the English schoolmaster there and John Grahame was the late incumbent at Madderty. They were to compeer before the PC on 12 June.
2 6/6/1705 Sederunt and minutes of council 6 June, at Holyroodhouse.

Sederunt: Lord Chancellor, Marquis of Annandale (S), Earl of Crawford, Earl of Buchan, Earl of Haddington, Earl of Loudoun, Earl of Leven, Earl of Northesk, Earl of Stair, Earl of Glasgow, Lord Archibald Campbell, Lord Register, Lord Justice Clerk, Lord Arnieston, Lord Halcraig, Lord Anstruther, lord Pollock, Lietuenant John Ramsay, Mr Francis Montgomery, Lord Provost of Edinburgh.

  1. Letter from the queen adding John Maxwell of Pollock, one of the senators of the College of Justice, to the PC. He swore the allegiance with the assurance and then the Chancellor administered the oath de fideli to him.
  2. Letter from queen adjourning parliament until 28 June.
  3. Libel at the instance of Alexander Cannon, writer in Edinburgh and others against Sir Robert Greirsone of Lagg and others. Defenders and their lawyers were present and a committee named to deal with the process and hear witness testimony, to meet the next morning at 10am and 2 to be a quorum.
  4. PC is informed by the clerks that the time for the two rabblers (Davidson and Knox) to be banished had now elapsed and so they delay this until 13 June.
3 6/6/1705 Note of business 6 June1

  1. Libel Alexander Cannon against Robert Greirson of Lagg
  2. Libel Francis Bell against Johnstone of Knockhill and others
4 6/6/1705 Printed representation to the PC on behalf of Alexander Canon against the lairds of Lagg elder and younger. Complained of false imprisonment of Canon for a period of around 10 days and proceeds on a process of caution of lawburrows. Claims this contravened the so-called habeas corpus act of 1701.
5 6/6/1705 List of parties and witnesses in the case of Alexander Canon (or Cannan) against the lairds of Lagg.
6 6/6/1705 Printed answers for Robert Grierson of Lagg and his two sons in the case brought forward by Alexander Canon. They complained that the case was irrelevant and had not contravened the 1701 act of parliament.
7 6/6/1705 Note from the clerks of council acquainting the PC that the rabblers (Davidson and Blair) had missed their date for banishment and that this was to be delayed until 13 June. Signed by Seafield (Chancellor).
8 6/6/1705 Instrument of intimation James Stewart, merchant in Elgin against John Chalmers, procurator fiscal in Elgin. Followed a bill of suspension and letters of horning, Chalmers was liable to pay Stewart of £2000 Scots for ‘pretended wrongeous Imprisonment’. Some dispute over this matter since Chalmers feigned ignorance and appeared to refuse the payment.
9 6/6/1705 Intimation of intimation in the case of Stewart against Chalmers with concourse of Alexander Dunbar of Bishopmilne, sheriff of Moray. Dunbar was to act as intermediary in this case.
10 7/6/1705 Proceedings of the committee anent Alexander Canon against Lagg and his sons. Signed by Glasgow.

Sederunt: Earl of Glasgow (praeses), Mr Francis Montgomery, Lord Provost of Edinburgh.
11 7/6/1705 Instrument Thomas Hammond and others against his majesty’s advocate. This is the petition of the owners and freighters of the ship The Worcester.

This appears to have first been compiled on or before 30 May and there is a response from the PC recorded on 30 May which remits the issue to the African Company. Same order (to be seen and answered by the African Company) on 7 June.
12 12/6/1705 Sederunt and minutes of council on Tuesday 12 June, at Holyroodhouse.2

Sederunt: Lord Chancellor, Earl of Crawford, Earl of Buchan, Earl of Lauderdale, Earl of Leven, Earl of Balcarres, Earl of Roseberry, Earl of Glasgow (TD), Lord Archibald Campbell, Lord president of session, Lord Register, Lord justice clerk, Lord Arnieston, Lord Halcraig, Lord Anstruther, Mr Francis Montgomery, Laird of Ormiston younger, Lord provost of Edinburgh.

  1. Letter from the queen removing: Tweeddale from being president of PC, removing Rothes from being privy seal, Roxburgh from being one of the principal secretaries of state, Baillie of Jerviswood from being Treasurer Depute, Selkirk and Belhaven from being lords commissioners of the treasury, and removing all of the above from sitting on the PC and the Exchequer.
  2. Commissions under the great seal: for Loudoun to be one of the principal secretaries of state and then he had the oaths administered.
  3. Commission under great seal for Glasgow to be treasurer depute.
  4. Committee named to deal with the case between the laird of Lagg and Alexander Cannon. They were to meet the next morning at 10am and agree with the parties then report back.
  5. Libel at the instance of the agent of the Kirk against James Inglis, James Lauder and George Grahame. Defenders were absent so certification was granted.
  6. PC considers the representation from Francis Scott of Flurlestoun(?) and remits it to the lord advocate to investigate the matter and mentions a bounty of £50 sterling.
  7. The PC considered the petition given in by Lady Bredisholme and agrees to the extraction of £50 sterling for her but refuses the other aspects of the petition since the Laird of Bredisholme elder was not cited to compeer in the petition. Allows the lady to resubmit the petition and cite him to compeer.
  8. PC orders the French privateer which was captured by Captain Campbell to be released from imprisonment in the tolbooth of Glasgow.
  9. Francis Montgomery and the lord justice clerk ordered to speak with the lord advocate to enquire how the ransom for Turpie and other slaves was paid and what was paid and to report back to the council as well as to Mr David Williamson and Walter Stewart factor in London for liberating Turpie.

Adjourned until Tuesday next (19 June) at 3pm
13 12/6/1705 Note of business on 12 June3

  1. Libel poor Francis Bell against Johnstone of Knockhill
  2. Libel the agent for the Kirk against Intruders into Churches
  3. Process to be advised Canon against Lagg and others
  4. Commission on favour of the earl of Loudoun
  5. Commission in favour of the earl of Glasgow
  6. Petition Thomas Hammond and company & answers
  7. Petition Sir Francis Scott
14 12/6/1705 Latin copy of commission in favour of the earl of Loudoun to be Lord Secretary of State
15 12/6/1705 Latin copy of the commission for the earl of Glasgow to be Treasurer Depute
16 12/6/1705 Petition of Sir Francis Scott complaining of multitudes of people and boys damaging the fountain and cistern system at Holyroodhouse and St Anthony’s well on Sundays and other days.

Response on the reverse recorded and signed by Seafield which orders the lord advocate to investigate the matter and offers £5 Scots for anyone making discovery of the matter more fully.
17 12/6/1705 Montgomery and justice clerk to speak with Goodtrees regarding the ransom money and process of repatriation for Turpie and other slaves in Algiers. Signed by Seafield.
18 12/6/1705 Order for the French privateer to be released from the Glasgow tolbooth. Signed by Seafield.
19 12/6/1705 Council’s response to the petition of Lady Braidisholme younger regarding money to be paid out to her and the caveat to her petition having not cited the laird of Breadisholme elder to compeer. Signed by Seafield.
20 12/6/1705 Printed representation from the Lady Breadisholm asking for payment of £50 aliment.
21 13/6/1705, 19/6/1705, & 26/6/1705 Committee anent Alexander Canon and James Grierson.

Additions on the reverse page from 2 other days:

  1. 19 June 1705: PC assoilzies Grierson and other defenders from the points of the libel and the clerks of council ordered to deliver 500 merks to Cannon. Signed by Seafield.
  2. 26/6/1705: Confirmation of receipt of this and a double of the same signed by Cannon.
22 16/6/1705 Testificate and declaration for Mr Thomas Fairweather. Confirmation from a minister and a surgeon that Fairweather was suffering from infirmity and was thus unable to travel to appear before the PC.
23 16/6/1705 Contract between the earl of Home and Androw Broun (wright in Kelso), produced for the earl of Home. This was a contract for building a church in the parish of Old Coldstream.
2.19 – 22 June 1705 [9 items]
1 22/6/1705 Advertisement regarding the printing of a book. This regards the reprinting of a book that had been published and mentions that if reprinted in England it would both hinder Scottish paper manufactory and the Scottish exchequer. Mentions an advertisement in the day’s courant, a Mr Bury and appears to be signed by ‘Ev: MacIver’.
2 19/6/1705 Sederunt and minutes of council on Tuesday 19 June, at Holyroodhouse.

Sederunt: Lord Chancellor, Marquis of Annandale, Earl of Loudoun (S), Earl of Crawford, Earl of Mar, Earl of Brechin, Earl of Lauderdale, Earl of Leven, Earl of Northesk, Earl of Roseberry, Earl of Glasgow (TD), Lord Archibald Campbell, Lord Justice Clerk, Lord Halcraig, Lord Anstruther, Mr Francis Montgomery, Lord Provost of Edinburgh

  1. Oaths signed and sworn in the presence of Morton by Mr David Nairne, he having a commission from her majesty to act in absence of the two principal secretaries of state for all matters relating to the kingdom of Scotland.
  2. Nairne was to act in the capacity of secretary depute.
  3. Petition from the magistrates and merchants from Aberdeen. PC orders the crew of the Ostend privateer which had been captured and imprisoned there to be immediately set at liberty.
  4. Libel at the instance of the earl of Northesk against several fishermen and magistrates. Libel admitted to probation, witnesses called and a committee named to deal with it, to meet the next morning at 10 am.
  5. Report of the committee in the case between Canon and Grier and PC confirms that the whole defenders are to be assoilzied and cleared from the process in all time coming.
  6. Petition from James Hodges. PC discharges all printers, stationers and booksellers, etc. to reprint vendor or sell the book entitled War betwixt the two British Kingdoms within this kingdom which was published by the petitioner without his express consent and under penalty of the confiscation of the books.
  7. Petition of Francis Bell. To be seen and answered the next council day, next Tuesday.
  8. Case of the agent of the Kirk against Inglis and others delayed until next Tuesday.

Adjourned till next Tuesday (26 June) at 4pm.
3 19/6/1705 Note of business 19 June4

  1. Libel the earl of Northesk against Cargill and others
  2. Libel poor Francis Bell against Johnstone
  3. Oath of allegiance taken by Davd Nairne
  4. Report of the committee anent Alexander Canon and Grier of Lagg
  5. Suspension Downie against Anna Lindsay
  6. Petition Jean Grier and others poor defenders in Canon’s process.
  7. Petition the magistrates and merchants of Aberdeen
  8. Petition Mr John Grahame and Mr James Lauder
  9. Petition Francis Bell
4 19/6/1705 Delay of process between the agent of the kirk and Inglis, etc. Signed by Seafield.
5 19/6/1705 Petition of the magistrates and merchants of Aberdeen. Also, response of the PC and order to release prisoners; signed by Seafield.
6 19/6/1705 Memorial for Mr James Hodges, gentleman, and Mrs Ogston, bookseller.
7 19/6/1705 Petition of James Hodges.
8 20/6/1705 Committee for examining the Earl of Northesk’s witnesses.

Sederunt: Earl of Mar (praeses), Earl of Leven, Earl of Glasgow.
9 Declaration of the prisoners taken onboard the Ostend privateer which was captured by Captain Gordone.

N.B. some Latin at the bottom of the petition.
26 June 1705 [10 items]
1 26/6/1705 Sederunt and minutes of council, Tuesday 26 June at Holyroodhouse.

Sederunt: HM High Commissioner, Lord Chancellor, Marquis of Lothian, Earl of Loudoun, Earl of Crawford, Earl of Buchan, Earl of Haddington, Earl of Northesk, Earl of Forfar, Earl of Hyndford, Earl of Cromartie, Earl of Roseberry, Earl of Glasgow (TD), Lord Archibald Campbell, Lord Forbes, Lord Advocate, Lord Justice Clerk, Lord Arnistoun, Lord Anstruther, Mr Francis Montgomery, Laird of Ormistoun younger.

  1. Her majesty’s writer, Commissary Alves order to append the privy seal to all gifts of escheat and the principal writer to the signet is ordered to deliver up the old seal to the PC prior to the appointment of a new privy seal by her majesty.
  2. Libel at the instance of John Blair against Inglis, Lauder and Grahame. Libel proponed and the defenders promised to live peaceably and not to preach at Muthill or exercise any ministerial function there.
  3. Libel poor Francis Bell against Johnstone of Knockhill. Libel admitted to probation and 24 July for it to be dealt with at second diligence.
  4. Committee named to deal with the process between James Stewart and John Chalmers and to meet at 10am the next day.
  5. The earl of Cromarty and Lord Forbes were present at PC and qualified themselves in the usual form as councillors.
  6. Petition of John Grier remitted to the committee previously appointed to deal with the case between Canon and Grier of Lagg.
  7. Petition of the tacksmen of the paper manufactory and refused. Mentions that Evan MacIver (tacksman of the Scots paper-mills) and James Watson (Edinburgh printer) were the signatories of this petition. Watson was printer of a text entitled Scotland Reduced by force of armes and made a province of England and they were both ordered to appear before the PC on the next council day.
  8. PC orders the macers to apprehend the authors of the Courant and to bring them before the PC the next council day to answer questions about a specific paragraph in the Courant. Also discharges the printers and authors of both the Courant and the Gazette from printing or selling them to the public until further orders from the council.
  9. Petition of Captain William Hutchisone from the province of Maryland for a bond and warrant to transport people to her majesty’s plantations in America. Clerks of council ordered to deliver it.
  10. Goodtrees acquaints the board with the case of James Drysdaill who had been sentenced to banishment and was ordered to find sufficient caution but had failed to do so and that he was in a starving condition. He was allowed to find caution again and depart the kingdom according to the terms of the sentence from the lords of justiciary. The keeper of the tolbooth was ordered to set him at liberty.
2 26/6/1705 Petition of Captain William Hutcheson from the province of Maryland and response of the council signed by Seafield.
3 26/6/1705 Warrant stopping the printing of the Courant and the Gazette and citing the authors to appear before the council. Signed by Seafield.
4 26/6/1705 Bill of suspension Stewart against Chalmers. Includes comments from council singed by Seafield from 30 May and 26 June 1705.
5 26/6/1705 Order to Commissary Alves to append the privy seal to all gifts of escheat.
6 26/6/1705 Printed petition of John Grier in Bank in the process brought against him and others by Alexander Cannon. Comments on the back signed by Seafield.
7 26/6/1705 Liberation of James Drysdaill from Goodtrees. Signed by Seafield.
8 26/6/1705 Petition of John Grahame and James Lauder.
9 26/6/1705 Petition of John Grahame and James Lauder.
10 26/6/1705 Note of business on 26 June5

  1. Libel agent of the Kirk against Inglis, Lauder and Grahame
  2. Libel poor Francis Bell against Johnstone of Knockhill and others
  3. Libel the agent for the Kirk against Inglis, Lauder, and Graham
  4. Bill of suspension Baillie Stewart in Elgin against Chalmers
  5. Petition Thomas Hammond
  6. Petition John Grier and others
  7. Petition Baillie Stewart in Elgin
  8. Petition Captain William Hutchisone
  9. Petition the tacksmen of the paper manufactory
2-24 July 1705 [7 items]
1 2/7/1705 Instrument John Doig and Mr John Willison against Francis Molyson
2 20/3/1705 Libel John Blair agent for the Kirk against McMillan and others. Letters of denunciation against the defenders to be directed by way of messengers at arms
3 24/7/1705 Petition of James Burne and others of the deceased Captain Green’s crew
4 24/7/1705 Reprieve to Keigle and the other eight members of Captain Green’s crew
5 24/7/1705 Petition for Charles May.
6 24/7/1705 Petition of James Donaldson writer of the Gazette to the Duke of Argyle and the PC. As per the petition the PC allows Adam Boig to be cited and removes the former ‘stop’ placed on the printing of the Gazette.
7 24/7/1705 Passport to be given to Colonel William Arrat who had been in foreign service and had come over with King William from Holland at the revolution. Passport granted and he was allowed to go in service of the Muscovite army.
1-29 August 1705 [16 items]
1 1/8/1705 Sederunt and minutes of council 1 August (called extraordinary)

Sederunt: HM High Commissioner, Lord Chancellor, Marquis of Annandale, Earl of Loudoun (S), Earl of Mar, Earl of Haddington, Earl of Leven, Earl of Balcarres, Earl of Glasgow, Lord Archibald Campbell, Lord Register, Lord Justice Clerk.

  1. Warrant to the magistrates of Glasgow to deliver the prisoners from the French privateer to some of her majesty’s forces and have them delivered to Edinburgh.
  2. Warrant to Lt Gen Ramsay to send a party of soldiers to collect the French prisoners from Glasgow.
  3. Warrant to the magistrates of the Canongate to receive the French prisoners.
  4. Warrant to the magistrates of Leith to receive others of the French prisoners.
2 1/8/1705 Warrant to the magistrates of Leith. Signed by Seafield.
3 1/8/1705 Warrant to the magistrates of Glasgow. Signed by Seafield.
4 1/8/1705 Warrant to the magistrates of Canongate. Signed by Seafield.
5 1/8/1705 Warrant to Lt Gen Ramsay. Signed by Seafield.
6 9/8/1705 Witnesses in the case between the agent for the Kirk and John McMillan, late minister at Balmaghie.
7 9/8/1705 Double of the above witnesses in the case of John Blair against John McMillan.
8 20/8/1705 Contract from William Cochrane of Ochiltree asking for payment of money for stones from Mr Benjamine Robinsone and putting this in writing with the concourse of Lt Col Erskine in case of the event of non-payment.
9 21/8/1705 Sederunt and minutes of council 21 August, at Holyroodhouse (called extraordinary).

Sederunt: HM High Commissioner, Lord Chancellor, Duke of Queensberry, Marquis of Annandale, Marquis of Montrose, Earl of Loudoun, Earl of Crawford, Earl of Sutherland, Earl of Mar, Earl of Morton, Earl of Haddington, Earl of Kintore, Earl of Dunmore, Earl of Stair, Earl of Glasgow, Earl of Hopetoun, Lord Archibald Campbell, Lord Ross, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Anstruther, Mr Francis Montgomery, Lord Provost of Edinburgh.

  1. Petition from the merchants of Edinburgh on their behalf and on the behalf of the other merchants and traders within the kingdom of Scotland. Committee named to hear the petition and compile a letter to be sent to the queen. They were to meet at 10am the next day and 3 to be a quorum.
  2. Petition from Sir John Shaw of Greenock. Committee named to deal with it and add in a paragraph concerning it to the letter being sent to the queen.
  3. PC orders the committee formerly named to deal with priests and trafficking ‘papists’ to meet the next morning to consider the representation which had been given in by the GA Commission concerning church irregularities and disorders and to consider the reports of ‘papists’ sent into the PC clerks.
  4. Petition of John Ross of Neuck on behalf of the magistrates and council of Nairn. PC approves of a voluntary collection north of the Tay and in Leith, Canongate and Edinburgh to be used to repair a bridge over the River Nairn.
10 21/8/1705 Petition for the merchants of Edinburgh for themselves and on behalf of the other merchants and traders in the Kingdom of Scotland.
11 undated6 The list of Sir John Shaw of Greenock’s tenants who were prisoners in Dinan in the Kingdom of France.

John Adams, master; Patrick Mudie; John Car; John McKein; James Shearer; William Richie; Robert Crane; Archibald Millor; William Rodger; Mathew Scot.
12 21/8/1705 Petition of Sir John Shaw of Greenock. Mentions that a ship bound for Glasgow from Lisbon had recently been seized by French privateers, of which crew the majority were the petitioner’s tenants from Greenock. He asks for the PC to intervene in the issue and suggests exchanging an equal number of prisoners from the recently captured French privateer near Glasgow.
13 21/8/1705 Committee named to deal with Shaw of Greenock’s petition and insert a paragraph regarding it into the letter being sent to the queen. Signed by Seafield.
14 21/8/1705 Petition of John Ross of Neuck from him and on behalf of the magistrates and council of Nairn.

Addition overleaf, signed by Seafield, confirming that when sufficient caution was found the right to use the money from the voluntary collections for repairing the bridge would be granted.
15 21/8/1705 Committee formerly named to deal with trafficking ‘papists’ and priests to deal with the representation from the Commission of GA and the reports of Catholics. Signed by Seafield.
16 21/8/1705 Committee named to deal with the petition from the merchants of Edinburgh. Signed by Seafield.
25 August 1705 [10 items]
1 25/8/1705 Sederunt and minutes of council, 25 August at Holyroodhouse (called extraordinary)

Sederunt: HM High Commissioner, Lord Chancellor, Duke of Queensberry (PS), Marquis of Annandale (S), Marquis of Montrose, Marquis of Lothian, Earl of Loudoun, (S), Earl of Sutherland, Earl of Morton, Earl of Haddington, Earl of Northesk, Earl of Balcarres, Earl of Glasgow (TD), Earl of Hopetoun, Lord Archibald Campbell, Lord President of Session, Lord Justice Clerk, Lord Anstruther, Mr Francis Montgomery, Lord Blackadder.

  1. Committee named to examine Adam Boig, author of the Edinburgh Courant the next day at 10am.
  2. Robert Forbes clerk ordered to deliver to the Duke of Gordon an extract of a letter sent by the earl of Roxburgh to Tweeddale concerning the burgh of barony of Fort William.
  3. Montrose tells the PC that two of the French prisoners were willing to remain in the kingdom and as tradesmen were willing to continue to ply their trades in Scotland. Orders them to be set at liberty.
  4. Earl of Minto ordered to deliver up two bonds.
  5. Prorogation of Drysdaill’s banishment.
2 25/8/1705 Representation from Montrose concerning the French prisoners. Signed by Seafield.
3 25/8/1705 Order to Robert Forbes (clerk to PC) to deliver the letter from Roxburgh to Tweeddale to the Duke of Gordon. Signed by Seafield.
4 25/8/1705 Committee named to interrogate Adam Boig, author of the Edinburgh Courant. Signed by Seafield.
5 25/8/1705 Letter to the queen ‘anent free trade with France & Spain’. This includes the paragraph acquainting the queen with the case of the prisoners held by the French. Signed by Seafield.
6 25/8/1705 Order for Lord Minto to deliver up the two bonds belonging to George Maxwell of Orchartoun. Signed by Seafield.
7 25/8/1705 Petition for James Drysdaill meal maker in Gilmerton asking to be allowed to stay at home rather than conform to his sentence of banishment.
8 25/8/1705 PC reprieves James Drysdaill from his sentence of banishment until 1 November. Signed by Queensberry, Annandale, Montrose, Northesk, James Murray, Argyll, Seafield, Loudoun, and Balcarres.
9 25/8/1705 – 2/10/1705 Report of the committee anent Adam Boig. He apologised for any wrongdoing and the committee removed the ban on the printing of the Edinburgh Courant.

Overleaf there is a further paragraph of commentary on the case dated 2 October and signed by Seafield. This states that his rights to print the paper were fully reinstated under the express condition ‘That he shall publish nothing Concerning the Government till first the samen be Revised by the Clerks of privy Councill’.
10 29/8/1705 Printed petition of Adam Boig.
5-28 September 1705 [10 items]
1 5/9/1705 Sederunt and minutes of council, 5 September at Holyroodhouse (called extraordinary)

Sederunt: HM High Commissioner, Lord Chancellor, Duke of Queensberry, Marquis of Annandale, Earl of Loudoun, Earl of Morton, Earl of Balcarres, Earl of Stair, Earl of Glasgow (TD), Lord Archibald Campbell, Lord Register

  1. Orders to Captain Gordon to go to Newcastle and take the French prisoners there.
  2. Order to the magistrates of Canongate and Leith to deliver the French prisoners to Captain Gordon
2 5/9/1705 Order for the magistrates of Canongate and Leith concerning the exchange of prisoners save for the master of the French privateer and 9 of his crew who were to remain prisoners. Signed by Seafield.
3 5/9/1705 Orders to Captain Gordon to transport the prisoners to Newcastle. Signed by Seafield.
4 8/9/1705 Sederunt and minutes of council 8 September at Holyroodhouse (called extraordinary)

Sederunt: HM High Commissioner, Lord Chancellor, Duke of Queensberry, Marquis of Lothian, Earl of Morton, Earl of Balcarres, Earl of Glasgow (TD), Earl of Hopetoun, Lord Archibald Campbell, Lord Forbes, Mr Francis Montgomery

  1. ‘Passport Granted to Captain Mitchell Godet ut inscriptis’
5 8/9/1705 ‘Committe for considering how far the Council may nominat Justices of peace and the Extent of their Office’

Sederunt: Lord President of Session, Lord Advocate and Mr Francis Montgomery

This was in response to a representation from the commissioners of supply in the shire of Elgin and Forres ‘to see how far the Council can medle in naming Justices of peace & the extent of their office’. Mentioning an act of parliament of 1661 and another unprinted one from 1690 the committee found that the PC was empowered to nominate JPs in the shire. Signed by Goodtrees.
6 8/9/1705 Passport granted to Captain Mitchell Godet.
7 Instrument & protest William Wallace convener against John Hutcheson and others ‘upon deforceing the touns offices’
8 27/9/1705 Protestation Patrick Wallace (treasurer of Arbroath burgh council) against Alexander Webster and William Ramsay (both bailies in Arbroath) concerning the election of the provost of the burgh.
9 27/9/1705 Instrument by David Ramsay against John Hutcheson and others. Also concerns the election of the provost of Arbroath in 1705.
10 28/9/1705 Protestation William Ramsay against the election of the Magistrates of Arbroath and answers to bailie Ramsay’s instrument.
24-26 September 1705 [28 items]
1 24/9/1705 ‘Attestation upon soull and conscience for Captain Livingston’, from a Dr David Mitchell.
2 (undated) 1705 Attestation Dr Drummond and Mr Baillie to Captain John Livingston
3 26/9/1705 Sederunt and minutes of council, 26 September at Holyroodhouse.

Sederunt: Lord Chancellor, Duke of Queensberry (PS), Marquis of Annandale (S), Earl of Loudoun (S), Earl of Crawford, Earl of Morton, Earl of Leven, Earl of Balcarres, Earl of Forfar, Earl of Dunmore, Earl of Hyndford, Earl of Cromarty, Earl of Stair, Earl of Roseberry, Earl of Glasgow (TD), Lord Archibald Campbell, Lord Forbes, Lord Ross, Lord President of Session, Lord Register, Mr Francis Montgomery.

  1. PC allows Lt Gen Maitland to go to London until 1 January 1706.
  2. Reprieve to Captain Green’s crew.
  3. Petition of John Urquhart of Meldrum and allows him to intromit and uplift 2 years (1703 & 1704) rents belonging to the Lady Perth (his mother) out of her liferent.
  4. PC gives order and warrant to Captain Thomas Gordon to sail from Leith to Tinmouth and convoy with any Scottish ships that were homeward bound to ensure their safe passage.
  5. Considering the petition of Captain Livingston, formerly of her majesty’s regiment of foot, plus the two attestations the council delays his sentence of banishment until further orders.
  6. Considering the petition from the commissioners of supply from Elgin and Forres plus the report of the committee named to deal with it, the PC appoints the same committee to meet and come to the next council day with commissions prepared appointing JPs in those shires. The committee was to meet at 10 am the next day with 2 being a quorum.
  7. Petition from James Steven usher depute to the Exchequer. PC recommends his petition to the Treasury for payment of £50 sterling.
  8. Committee named to prepare and bring into PC the next council day a commission prohibiting the importation of Irish victual.
  9. Petition of Andrew Wauch, under clerk of council. His petition was recommended to the Treasury for his going to Dunglass milne with a sergeant and some soldiers to take trial of the rabblers there.
  10. Petition from earl Marischal on behalf of the inhabitants of Peterhead. PC allows him to uplift money from voluntary collections in order to pay for repairs to the harbour of Peterhead.
  11. Petition from the macers of the PC & Exchequer. Petition recommended to the Treasury to pay them for two year’s service in inspecting the public accounts according to an act of parliament and for their diligent service, great expense and effort in executing commissions and calling people to be tried and questioned for their liability to pay the poll tax of 1693 in addition to attending the parliamentary commissioners in the last session of parliament.
  12. The servants of the exchequer were also recommended to the treasury.
  13. Thomas Hammond and John Johnstone also recommended to the treasury.
  14. David Miller also recommended to the treasury.
  15. James Ogilvie also recommended to the treasury.
  16. Petition of Alexander Gilmour of Craigmillar also recommended to the treasury.
4 26/6/1705 Note of business on 26 September7

  1. Process to be advised the earl of Northesk against fishermen
  2. Commission to the earl of Wigton to be stewart of Strathren8
  3. Report anent the Robbers of the packet
  4. Report of the committee anent Adam Boig
  5. Report of the committee anent the shire of Elgin
  6. Sailing orders to Captain Gordone
  7. Petition the laird of Meldrum
  8. Petition LT Col Ogilvie
  9. Petition the laird of Craigmillar
  10. Petition William Shaw
  11. Petition Fleets and others in Orkney
  12. Petition the Earl Marischal
  13. Petition Thomas Hammond
  14. Petition for the persons that furnished horse to the under clerk anent the robbing of the packet
  15. Petition Andrew Wauch under clerk of council
  16. Petition the heritors of Drumlanrig
  17. Petition the macers of the session
  18. Petition Charles May
  19. Petition the keepers of the parliament house
  20. Petition Captain Livingston
  21. Petition the servants of the exchequer
  22. Petition David Millar
  23. Petition James Stevens usher
  24. Petition the Laird of Craigmillar
  25. Petition James Davidsone
  26. Petition the macers of Session
  27. Petition Greens crew
5 (undated) 1705 Petition from the people who furnished horses for those soldiers who went to Dunglass regarding the packet
6 26/9/1705 Petition the earl Marischal and the town of Peterhead
7 Petition for Andrew Wauch under clerk to the Privy Council. Also PC order overleaf signed by Seafield.
8 26/9/1705 Act in favour of the laird of Meldrum. Signed by Robert Forbes PC clerk.
9 Petition of James Steven, depute usher of the Exchequer, with council response signed by Seafield.
10 (undated) 1705 Petition from the remaining crew of Captain Green’s ship to Argyll (HM Commissioner) and the PC.
11 26/9/1705 Reprieve granted to Henry Keigle and other members of Captain Green’s crew. Signed by Queensberry, Dunmore, Annandale, Crawford, Argyll, Seafield, Loudoun, Morton, Leven, and Forfar.
12 26/9/1705 Petition of the macers to the PC. With reply detailing council decision signed by Seafield.
13 26/9/1705 Petition from Thomas Kennedy and John Johnstone, keepers of Parliament House. Council decision signed by Seafield overleaf.
14 26/9/1705 Petition for the four ordinary macers to the Lords of Council and Session. Council decision signed by Seafield overleaf.
15 26/9/1705 Petition for Captain Livingston. Council decision signed by Seafield overleaf.
16 26/9/1705 Petition of Lt Col Ogilvie for himself and on behalf of Sir John Shaw of Greenock and Sir Archibald Campbell of Clunes. Concerns the importation of Irish victual.
17 26/9/1705 Committee named for preparing a commission regarding Irish victual.
18 26/9/1705 Report of the committee for ‘hindering the Irish victual’.

Sederunt: Earl of Leven, Lord Archibald Campbell, Lord President of Session, & Lord Advocate. Signed by Goodtrees.
19 (undated) Petition of Colonel Henry Monro of the County of Antrim. Claimed he wanted to visit the north of Scotland with his sons and required horses to do so, and as such needed exemption from the ban on importation of Irish victual.
20 26/9/1705 Committee anent the Justices of the Peace in the shire of Elgin. Committee to meet at 10am the next day and bring in commissions naming JPs in that shire.
21 26/9/1705 Petition for David Millar and Thomas Kennedy, servants in Parliament House. Council decision signed by Seafield at bottom of page.
22 26/9/1705 Petition for James Ogilvie servitor to Sir James Justice one of the principal clerks of session. He asks for payment for transcribing the records of the last session of parliament. Council decision recorded underneath and signed by Seafield.
23 26/9/1705 Printed supplication of Sir Alexander Gilmour of Craigmillar
24 26/9/1705 Sailing orders for Captain Green. Signed by Seafield.
25 26/9/1705 Warrant allowing Maj Gen Maitland to go to London.
26 26/9/1705 Petition from the under clerk of council. Council decision signed by Seafield at the bottom of page.
27 26/9/1705 Petition from John Urquhart of Meldrum. Council decision signed by Seafield recorded overleaf.
28 undated Petition for the Countess and Earl of Perth and Drummond of Blair their factor. Likely dated after 26 September because it mentions Urquhart of Meldrum’s petition of ’26 Septr: Last’. This seems to be a counter to that petition and the decision of council following it.
2-29 October 1705 [39 items]
1 2/10/1705 Sederunt and minutes of council 2 October 1705, at Holyroodhouse

Sederunt: HM Commissioner, Lord Chancellor, Duke of Queensberry (PS), Earl of Loudoun (S), Earl of Sutherland, Earl of Haddington, Earl of Balcarres, Earl of Forfar, Earl of Dunmore, Earl of Cromarty, Earl of Stair, Earl of Roseberry, Earl of Glasgow (TD), Lord Archibald Campbell, Lord Forbes, Lord Ross, Lord President of Session, Lord Register, Lord Justice Clerk, Mr Francis Montgomery, Laird of Ormistoun younger.

  1. Commission in favour of Col Patrick Ogilvie of Cairns, Sir John Shaw of Greenock & Sir Archibald Campbell of Clunes for hindering the importation of Irish victual. Appointed to a committee to prepare a bond and commission.
  2. Petition from Col Ogilivie and the others named above. Council orders the commander in chief to send dragoons and soldiers west to prevent the importation of Irish victual.
  3. Proclamation proroguing the meeting of commissioners of supply in several shires until November to meet and discuss the cess.
  4. Goodtrees ordered to take relevant oaths from Captain Green’s crew who were imprisoned before they could make use of her majesty’s remission granted to them.
  5. Order to Captain Thomas Gordon of the Royal Mary to sail from Tinmouth to Scarborough and convoy with ships returning home.
  6. PC considers the report of the committee named to deal with Adam Boig’s petition and approves of the committee’s decision to take off the ‘stopt’ on his printing of the Courant, allowing him to do so as long as he did not print anything to do with the government.
  7. Petition of the earl of Haddington and the laird of Moristone, heritors in the parish of Lendell. Appointed to be seen and answered before 2 November. In the meantime the lords of council discharge them from either building a new church in the parish or reparing the old church there.
  8. Earl of Balcarres, Leven and Anstruther are to bring in a report on the next council day regarding the rabble in Pittenweem to do with the witches there.
  9. Petition of George Mackenzie. PC allows him to remain in the kingdom seeing that he enacts himself for good behaviour in the books of council and promises not to correspond with any of her majes’y’s rebels.
  10. Petition from Thomas Hammon. Appointed to be seen and answered by the African Company or any other concerned by the next council day.

PC adjourned until next Tuesday at 10am.
2 2/10/1705 Petition of Col Patrick Ogilvie for himself, John Shaw of Greenock and Sir Archibald Campbell of Clunes. Council decision overleaf signed by Seafield.
3 2/10/1705 Commission in favour of Ogilvie, Shaw and Campbell for hindering the importation of Irish victual. Signed by Seafield.
4 undated Petition of the remnant crew of the deceased Captain Green’s ship.
5 2/10/1705 Commission to Captain Gordon to sail the Royal Mary from Tinmouth to Scarborough. Signed by Seafield.
6 2/10/1705 Leven, Balcarres and Anstruther to bring in a report on the rabble in Pittenweem to the next council day. Signed by Seafield.
7 2/10/1705 Order to Goodtrees to take the oaths from Captain Green’s crew. Signed by Seafield .
8 2/10/1705 Petition of the earl of Haddington and the laird of Moristone. Council decision signed by Seafield is recorded overleaf.
9 Petitioin of Thomas Hammond and company who were owners and freighters of the ship The Worcester. Council decision signed by Seafield at bottom of page.
10 undated Scroll commission in favour of Ogilvie, Shaw and Campbell for hindering the importation of Irish victual and prohibited goods.
11 2/10/1705 Commission in fabour of Ogilvie, Shaw and Campbell for hindering the imporation of Irish victual, etc.
12 3-4/10/1705 Latin commission in favour of Alexander Maitland of Pitrichie(?) to be one of the clerks to the privy council.
13 3/10/1705 Committee for adjusting the bond granted to Ogilvie, Shaw and Campbell for hindering the importation of Irish victual.

Sederunt: Earl of Glasgow, Archibald Campbell (President of Session), Goodtrees and Mr Francis Montgomery. Signed by Glasgow.
14 3/10/1705 Order and proceedings of the committee named to deal with the bond for Ogilvie, Shaw and Campbell.
15 After 4/10/1705 Petition of the remnant members of Captain Green’s crew.
16 4/10/1705 Sederunt and minutes of council, Thursday 4 October 1705, at Holyroodhouse.

Sederunt: HM High Commissioner, Lord Chancellor, Earl of Mar, Earl of Loudoun, Earl of Sutherland, Earl of Morton, Earl of Haddington, Earl of Leven, Earl of Balcarres, Earl of Forfar, Earl of Dunmore, Earl of Stair, Earl of Roseberry, Earl of Glasgow (TD), Lord Archibald Campbell, Lord Forbes, Lord Register, Lord President of Session, Lord Justice Clerk, Mr Francis Montgomery, Laird of Ormistoun younger, Lord provost of Edinburgh.

  1. Commission for the earl of Mar to be conjunct secretary of state. Read and the formalities of the oaths, etc. were administered.
  2. Commission for Alexander Maitland of Pitrichie to be conjunct clerk of PC presented by Robert Forbes (clerk). As usual he received this commission on his knees and then took the relevant oaths.
  3. Seafield ordered to deliver the commission for Captain Green’s crew to the provost of Edinburgh so that they could swear the relevant oaths to her majesty. After qualifying, the keepers of the tolbooth were ordered to set these men at liberty.
  4. Commission for JPs in the shires of Forres and Elgin. Voted, approved and ordered to be recorded.
  5. Petition of James Anderson, writer to the signet. Petitioner allowed to correspond with people in Fracne regarding the transport of ancient charters and seals of the kingdom of Scotalnd. This was for the compilation of a book entitled Ane Historical Essay shewing that the Corwne and Kingdom of Scotland is Imperrial and Independent. All others were discharged from printing, etc. this book for the space of 19 years under pain of 500 merks.
  6. Petition from Robert Forbes advocate. PC allows him a voluntary contribution to be collected in the parish churches of Edinburgh, Canongate and Leith and north of the Forth for building a bridge over the water of Dee at ‘Pattarch'(?).
  7. PC considers the report of HM advocate concerning the robbing of a packet and remits the issue onto the lord advocate to raise a libel against the perpetrators. To be dealt with on fist council day in November.
  8. Petition from William Shaw and committee named to hear it.
  9. Petitioin from Gilbert Mushet, prisoner in the tolbooth of Glasgow asking to be set at liberty, which the PC grants and orders this to be transmitted to the keepers of the tolbooth.
  10. Petition from the heritors of the parish of Dunfermline. Remitted to the committee for naming JPs in Elgin to make report at the next council day.
  11. Several people added to the committee named to deal with Turpie slave in Algiers, to hear another petition and come to the next council day with a report concerning it.
  12. Petition of Flett in Orkney with answers from Stewart of Burray. Read, refused, and not signed.
  13. Petition from the servants of the clerks of parliament. Recommended to the commissioners of the treasury to reimburse them.

PC adjournd until the first Tuesday of November.
17 undated List of Justices of the Peace given into the PC to be nominated by them for the shires of Elgin and Forres.
18 4/10/1705 Commission naming JPs in the shires of Elgin and Forres. Signed by Queensberry, Loudoun, Sutherland, Balcarres, Dunmore, Stair, Archibald Campbell, Seafield, Mar, Leven, Forfar, Roseberry, Glasgow, Forbes and Ross.
19 4/10/1705 Petition of Mr Gilbert Mushet, ministers of the gospel and prisoner in the tolbooth of Glasgow. Council decision recorded at the bottom and signed by Seafield.
20 4/10/1705 Petition of the heritors of the presbytery of Dunfermline, concerning the want of JPs in the region. Council decision remitting this matter to the committee previously named to deal with JPs in the shires of Elgin and Forres recorded at the bottom of the page and signed by Seafield. Overleaf is a further council decision (dated 6 October and signed by Cromarty) showing that a committee was named to appoint JPs in Fife and was to meet the next day at 10am.
21 4/10/1705 Petition of Sir Robert Forbes advocate. Council decision signed by Seafield recorded overleaf.
22 4/10/1705 Seafield recommended to deliver the commission in favour of Captain Green’s crew to the provost of Edinburgh. Signed by Seafield.
23 4/10/1705 Petition from the servants to the six clerks of Parliament. PC decision remitting the petition to the treasury (unsigned) is recorded overleaf.
24 4/10/1705 Petition for David Flett of Grathay. Council decision refusing the petition is recorded overleaf (unsigned).
25 4/10/1705 Petition of James Anderson writer to the signet. PC decision granting him the right to print the book is recorded and signed by Seafield overleaf.
26 4/10/1705 Representation by Mr David Williamson, minister at West Kirk ‘in Reference to the affair of the captivs at algiers’. PC decision remitting the issue to a committee which was to report back the next full council day is recorded and signed by Seafield.
27 4/10/1705 Report of HM advocate concerning the breaking up and robbing of the packet. Order for LA to raise a process is recorded overleaf and signed by Seafield.
28 4/10/1705 Petition of William Shaw brushmaker. Committee named, PC decision signed overleaf by Seafield.
29 4/10/1705 Latin commission in favour of the earl of Mar being made one of the principal secretaries of state.
30 4/10/1705 – 29/11/1705 Letters of complaint John Huthcesone, former provost of Arbroath and others (including several magistrates of the burgh) against David Ramsay current provost of Arbroath. This concerns the election of the provost in the burgh which was disputed before the privy council.
31 5/10/1705 Enactment by Adam Boig.
32 12/10/1705 Certification of Mr William Durham’s arrival in Rotterdam. He was a suspected ‘trafficking papist’. Signed by several individuals such as the Archbishop of Glasgow’s son and two medical students.
33 15/10/1705 Execution in the principal libel between John Hutchesone and David Ramsay.
34 16-17/10/1705 Execution in the principal libel above against witnesses.
35 25/10/1705 Letters of reconvention the earl of Home against the earl of Haddington and others.
36 25, 26, & 30/10/1705 Libel at the instance of the lord advocate against Mr James Strachane, incumbent at St Phillans, Andrew Bruce, late incumbent at Pittenweem and John Matterly late incumbent at Ceres.
37 26/10/1705 List of the tenants’ names and designations (in the parish of Meldrum) and their payments to the Countess of Perth as part of her ‘pintur Landes’ for the years 1703-5.
38 26/10/1705 Letters of reconvention David Ramsay and others against John Hutcheson and others.
39 29/10/1705 Execution of the principal parties contained in the reconvention.
1-29 November 1705 [63 items]
1 1, 3, & 6/11/1705 Execution of the parties of reconvention
2 3 & 5/11/1705 Libel at the instance of the lord advocate against Mr Arthur Millar, late incumbent at Inveresk, Mr James Strachane, late incumbent at St Phillans, and Mr Andrew Bruce, late incumbent at Pittenweem, and Mr Matterly late incumbent at Ceres.
3 12/11/1705 Further statements from the brother of Arthur Millar, late incumbent at Inveresk in relation to the libel raised against his brother and others by the lord advocate.
4 13/11/1705 Sederunt and minutes of council, 13 November, at the council chamber.

Sederunt: Duke of Queensberry, Earl of Morton, Earl of Haddington, Earl of Lauderdale, Earl of Forfar, Earl of Stair, Earl of Roseberry, Lord Haddo, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Arnieston, Lord Halcraig, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Laird of Ormistoun younger, Lord Provost of Edinburgh.

  1. Queensberry elected praeses in absence of the Chancellor.
  2. Libel the earl of Haddington and Andrew Kerr of Moristone against the earl of Home and others. Also the libel of reconvention in the opposite direction was heard, all parties and their advocates were present. The PC admits both liels to probation. A committee is named to agree and settle with both parties and hear witnesses. It was to meet at 10 am the next day.
  3. Libel at the instance of Goodtrees against Robert Cadle, former minister. Both parties compeared before the PC and the PC prohibited Cadle from preaching or exercising any of his ministerial function within 20 miles of Elgin and orders the meeting house he used to keep in the town to be shut up and letters of horning directed to that end.
  4. Petition from Col James Stewart deputy governor of Ediburgh Castle, appointed to be seen and answered.
  5. Petition from George Mackenzie read and granted. The penalty was set at 1,000 merks.

PC adjourned until Tuesday 20 November at 3pm.
5 13/11/1705 Petition for George Mackenzie.
6 13/11/1705 Petition of Colonel James Stewart. Council decision recorded overleaf and signed by Sutherland.
7 undated Petition of Mark Ker of Houndwood concerning the importation of Irish victual.
8 undated Commission in favour of Mark Ker of Houndwood for hindering the importation of prohibited goods
9 20/11/1705 Sederunt and minutes of council, Tuesday 20 November, at the Council Chamber.

Sederunt: Earl of Sutherland, Earl of Haddington, Earl of Lauderdale, Earl of Forfar, Earl of Hyndford, Earl of Glasgow (TD), Lord Haddo, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Arniston, Lord Halcraig, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Laird of Ormistoun younger, Lord Provost of Edinburgh.

  1. Sutherland elected praeses.
  2. Petition given in by Charles earl of Home and others. PC delays the prcesses between the petitioners and the earl of Haddington until the next Thursday and orders all parties to submit their papers to the clerks of the council
  3. Bill of suspension the tenants of Meldrum against the laird of Meldrum. This was to be intimated to the laird by a notary and he was to see and answer the issue on the second council day of December. PC sists execution in the meantime.
  4. Petition by Bartholomew Gibson to be seen and answered by the town of Edinburgh the next council day.
  5. Petition by Colonel James Stewart and answers of the African Company. Committee appointed to see to the matter and meet the next day at 10am.
  6. PC orders the acts of the last session of parliament to be sold at £1, 10s and discharges Mrs Anderson from exacting any more fees than that.
  7. PC considers a petition from Agnes Campbell (HM printer) and allows her and her assignees the right to print the acts of parliament from JVII’s reign and those since the revolution in one volume. PC discharges any others from doing the like for the space of 19 years under the penalty of 500 merks.
  8. Petition from Robert Monteith, master of the arts, asking for the licence to print two texts, one of which was the Ancient Epitaph upon JVI entitled ane wounde heart sacrificed in tears etc. by Walter Stewart of Eymouth. The second was ‘ane Ingenuous ane faceciaouse Rhythmicall Poeam in Latine’ the title of which I’m not sure of, so REVISIT. He is granted the licence and all others are discharged from printing these texts for the space of 19 year under the penalty of £120 Scots.
  9. Petition of Thomas Hammond considered with a representation from the African Company. These are remitted to the judges of the High Court of Admiralty.
  10. Petition from Gabriel Hall remitted to the Treasury.

Adjourned until Thursday 22 November at 3pm.
10 20/11/1705 Representation and answers for the Indian and African Company to the petition of Thomas Hammond and Patrick Stewart etc.
11 20-29/11/1705 Petition of Bartholomew Gibson. Council decision from 20 November recorded overleaf and signed by Sutherland along with another from 29 Novembre and signed by Hyndford.
12 20/11/1705 Petition fro Mr Robert Monteith. Council decision signed by Sutherland on the same day recorded overleaf as is another (unsigned) from 22 November.
13 20/11/1705 Act in favour of Agnes Campbell.
14 20/11/1705 Petition of Agnes Campbell and council decision regarding it recorded overleaf and signed by Sutherland.
15 20/11/1705 Petition of Gabriel Clark. Council decision remitting the issue onto the Treasury recorded overleaf and signed by Sutherland.
16 undated ‘Answers for Mr Roderick Mackenzie for himself and in name of the Directors of the Indian and African Company of Scotland’ to the petition from Colonel James Stuart governor of Edinburgh Castle.
17 20/11/1705 PC appoints and ordains the acts of parliament from the last session to be sold at £1, 10s Scots and discharges Mrs Anderson from selling them at a higher rate. Signed by Sutherland.
18 20/11/1705 Note of business from 20 November.9

  1. Process to be advised the earl of Haddington against the earl of Home.
  2. Bill of suspension the tenants of Meldrum
  3. Petition Colonel Stewart
  4. Petition Bartholomew Gibson
  5. Petition Mr Robert Monteith
  6. Petition Thomas Hammond and parties
  7. Petition Gabriel Clark
19 22/11/1705 Sederunt and minutes of council Tuesday 22 November at the Council Chamber.

Sederunt: Earl of Sutherland, Earl of Morton, Earl of Haddington, Earl of Lauderdale, Earl of Leven, Earl of Forfar, Earl of Dunmore, Earl of Cromarty, Earl of Stair, Earl of Roseberry, Earl of Glasgow (TD), Lord Haddo, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Arnieston, Lord Halcraig, Lord Asntruther, Lord Pollock, Mr Francis Montgomery, Laird of Ormistoun younger, Lord Provost of Edinburgh.

  1. Sutherland elected praeses in absenc of the Chancellor.
  2. Libel at the instance of John Hutchesone late provost of Abroath and some former bailies against David Ramsay and others. PC admits both libels to probation and a committee is named to examine witnesses the next morning at 10am.
  3. Libel Home v Haddington and when brought to a vote whether what went on a the kirk of Lendell could be classed as a riot it was carried in the affirmative. Home and his accomplices were therefore found guilty of a riot having carried away stones from the Kirk. They were ordered to return them and the other named persons implicated in the riot were assoilzied and declared free therefrom in all time coming.
  4. Petition from James Montgomery merchant in Glasgow and his partners. PC allows him to erect and create a ‘Pinn’ manufactory as per his petition and gives he and his partners sole privilege of doing so.

PC adjourned until Tuesday 29 November at 3pm.
20 22/11/1705 Note of business 22 November.10

  1. Process be advised the earl of Haddington against the earl of Home
  2. Libel Hutcheson and others againt Ramsay provost of Arbroath.
  3. Libel reconvention ‘e contra’
  4. Petition James Montgomery and partners
  5. Petition Bartholomew Gibson
  6. Petition for Charles May
21 22/11/1705 Petition of James Montgomery younger, merchant in Glasgow. PC decision signed by Sutherland is recorded overleaf.
22 27/6/1704 – 25/9/1705 11 Extract of two severall acts of the presbytery dated 27 June 1704 and 25 September 1705 produced for the earl of Home
23 10/5/1705 (Printed) double of the Act of the Presbytery of Chirnside anent the Kirk of Lendell, dated 10 May 1705
24 29/9/1705 Instrument of protestation anent the Kirk of Coldsteam produced for the earl of Home
25 4/10/1705 Letters the earl of Haddington and others against the earl of Home
26 8-9/10/1705 Execution the earl of Haddington and others against the earl of Home
27 8-9/10/1705 Execution the earl of Haddington and others against witnesses
28 26-27/10/1705 Execution the earl of Haddington against the earl of Home
29 Execution the earl of Home against the earl of Haddington and others
30 31/10/1705 Execution the earl of Home and others against the earl of Haddington and others
31 31/10/1705 Letters of reconvention earl of Home against Haddington
32 9/11/1705 Extract of the monthly cess from the parish of Lennel produced for the earl of Home
33 undated Roll of parties and witnesses in the case the earl of Haddington and others against the Earl of Home and others.
34 undated ‘Roll The Earle of Home ag[ains]t E[arle] of Haddingtone and witnesses’
35 14/11/1705 Committee for examining the earl of Home’s witnesses

Sederunt: Earl of Lauderdale, Earl of Forfar, Earl of Stair, Lord Haddo, Lord Register, Mr Francis Montgomery and the laird of Ormistoun younger. Lauderdale was elected as praeses and he appended his signature at the bottom of the transcribed witness statements.
36 14 & 15/11/1705 Deposition of witnesses for the earl of Home
37 14/11/1705 Committee for examining the earl of Haddington’s witnesses.

Sederunt: Earl of Lauderdale, Earl of Forfar, Lord Haddo, Mr Francis Montgomery and the laird of Ormistoun younger. It notes that Stair and the Lord Clerk Register came in later. Lauderdale elected praeses.
38 undated (Printed) ‘Information For Thomas Earl of Haddington, and Andrew Ker of Moristoun and the other Heretors of the Paroch of Lennel that adhere to them AGAINST Charles Earl of Home, and such others of the saids Heretors as joyn with him in the matter of the said Kirk of Lennel Humbly offered in answer to the Reconvention raised by the Earl of Home and others.’
39 undated (Printed) ‘Information & Answers FOR The Earl of Home and others TO The Libel raised against them by the Earl of Haddington and others’
40 undated ‘Interrogatters for the witnesses adduced by the Earle of Haddington and Laird of Moristoun’. Signed by Lauderdale. 13 points to be asked about.
41 undated ‘Interrogatters for the witnesses adduced by the Earle of Home and others against The Earle of Haddingtone’. Signed by Lauderdale. 6 matters to be interrogated on.
42 20/11/1705 Petition of the earl of Home. PC decision for both parties to submit their papers to the PC clerks signed by Sutherland overleaf.
43 22/11/1705 Interlocutor in the process between the earls of Haddington and Home. Signed by Sutherland.
44 22/11/1705 Scroll decreet the earl of Haddington and others against the earl of Home and others.12
45 24/11/1705 Declaration from the tenants of Meldrum
46 24/11/1705 13 Committee for examining Provost Hutchesone’s witnesses.

Sederunt: Earl of Glasgow, Lord Haddo and Mr Francis Montgomery. Glasgow elected praeses and appended his signature to the bottom of the transcribed witness statements.
47 26/11/1705 Committee for examining Provost Ramsay’s witnesses.

Sederunt: Earl of Glasgow, Lord Haddo, Mr Francis Montgomery and the Provost of Edinburgh. Glasgow elected praeses.
48 undated Deposition taken in the mutual Process between Provost Hutchesone and Provost Ramsay.
49 undated List of parties and witnesses in the case between Provost Hutchesone and Provost Ramsay
50 undated List of the pursuers, defenders and witnesses in the town of Arbroath’s reconvention against Provost Hutchesone and others.
51 undated Interrogators for Provost Ramsay against John Hutchesone
52 undated Interrogators for Provost Hutcheson against others. Signed by Glasgow. There were 10 items for the witnesses and defenders to be interrogated on.
53 undated (Printed) ‘Answers for Provost Hutcheson and the other Pursuers of the principal Lybel against Provost Ramsay of Aberbrothick and others’.
54 undated (Printed) ‘Information and answers for David Ramsay Provost, and the remanent Magistrats and Council of Aberbrothick; against John Hutchison sometime Provost, and others his Accomplices.
55 29/11/1705 ‘Scroll decreit Provost Hutchison & others against Provost Ramsay and others’
56 29/11/1705 Sederunt and minutes of council, Thursday 29 November at the Council Chamber.

Sederunt: Earl of Crawford, Earl of Sutherland, Earl of Haddington, Earl of Lauderdale, Earl of Leven, Earl of Forfar, Earl ofGlasgow, Lord Haddo, Lord President of Session, Lord Advocate, Lord Justice Clerk, Lord Halcraig, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Laird of Ormistoun younger, Lord Provost of Edinburgh.

  1. Crawford elected praeses.
  2. Address of the GA was read and a committee was named to consider it. This committee was to meet at 3pm the following day.
  3. Mutual processes between Hutchison and Ramsay (both former provosts of Arbroath). When it went to a vote, the principal libel was found relevant and so the PC annulled the election of the provost of Arbroath from Michaelmas 1705. This election was considered ‘illegall and unwarrantable. A new election was to be held for the burgh council and magistrates of the burgh and the earl of Northesk was to attend the election to ensure due process.
  4. Committee named to deal with the petition of John Shaw of Greenock on the behalf of himself and the other people charged with hindering the importation of Irish victual for the restraining thereof. To meet at 3pm the next day.
  5. PC considers the petition of John Stewart prisoner in Edinburgh tolbooth. PC approves of his proposal to serve in the Earl of Orkney’s regiment and orders the keepers of the tolbooth to deliver him up to the earl of Orkney, discharging any others from meddling in this matter.
  6. Petition of James Porterfield, schoolmaster in Edinburgh. PC grants him the sole right of printing, reprinting and vending the book entitled Edinburgh’s English Schoolmasters and discharges all others from doing the like for the space of 19 years under the penalty of 500 merks.
  7. Petition of William Shaw brushmaker with a report of the committee named to deal with it. Granst him the allowance to establish a manufctory for making brushes of all sorts.
  8. Libel the lord advocate against Arthur Miller and others being called, with the pursuer compearing and the defenders absent. Their meeting house in St Andrews was to be shut up.
  9. Petition from John Blair, agent for the Kirk. Remitted to the former committee anent church grievances and irregularities. The committee was to meet the next day at 10am.
  10. Petition of Bartholomew Gibson and answers from the town of Edinburgh. Lord Advocate and Provost of Edinburgh ordered to call for the petitioner and to adjust matters between him and the burgh.
  11. Petition from Charles May ordered to be seen and answered by the African Company. Some councillors were ordered to converse with

the directors of the company on the matter in the meantime.

Adjourned till next Tuesday at 3pm.
57 29/11/1705 Note of business 29 November.

  1. Address the Commission of the General Assembly
  2. Process to beadvised Provost Hutchison against Provost Ramsay
  3. Libel lord advocate against Miller and others
  4. Report of the committee anent William Shaw
  5. Petition John Stewart
  6. Petition James Porterfield
  7. Petition the agent for the Kirk
  8. Petition Bartholomew Gibson and answers
  9. Petition Charles May
  10. Petition Thomas Hammond
  11. Petition William Riddell
58 undated Petition of Charles May, former surgeon on the ship The Worcester
59 29/11/1705 Petition of Charles May. Several council decisions are recorded overleaf. The first was dated 29 November and signed by Crawford. The second was dated 13 December and signed by Sutherland. The third was dated 3 January 1706 and signed by Buchan. The final one was dated 10 January and signed by Motnrose.
60 29/11/1705 Petition of James Porterfield schoolmaster in Edinburgh. Council decision signed by Crawford overleaf.
61 29/11/1705 Letters in the libel case of the lord advocate against Millar and others
62 29/11/1705 Petition of John Stewart prisoner in the tolbooth of Edinburgh. Council decision signed by Crawford at the bottom
63 29/11/1705 Report of the committee anent William Shaw’s (brushmaker) petition.
6-28 December 1705 [11 items]
1 6/12/1705 Sederunt and minutes of council, 6 December, at the Council Chamber.

Sederunt: Earl of Leven, Earl of Forfar, Earl of Cromarty, Earl of Glasgow, Lord Haddo, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Halcraig, Lord Pollock, Mr Francis Montgomery, Lord Provost of Edinburgh.

  1. Cromarty elected praeses.
  2. Considering a proposal from a candlemaker in Kelso, the PC allows David Guthrie to attach himself as a soldier to Ensign Cockburn. The keeper of Edinburgh tolbooth was to deliver him to the Ensign.
  3. Petition of James Cunningham of Carlung(?). PC grants warrants to cite witnesses in the case.
  4. Robert Forbes (clerk) acquaints the PC that he had heard from Goodtrees about Isobell Eskdaill, who was accused of infanticide. She was allowed to be set at liberty from the tolbooth of Dumfries having found caution in the books of the council under pain of 1,000 merks.
  5. Commission to Ludovick Grant for hindering the importation of English victual. Read and laid aside.
  6. Several people added to the committee for naming JPs in Dunfermline and they were to meet at 10am the next day

PC adjourned until next Tuesday at 3pm.14
2 11/12/1705 Recommendation to the treasury in favour of Colonel Patrick Ogilvie, John Shaw and Sir Archibald Campbell.
3 8/12/1705 Instrument of protest James Nesbett against Gairsey younger and James Mansone (both notaries public).
4 undated but 6/12/1705 Printed petition of James Cunningham of Carlung. Council decision from 6 December recorded overleaf and signed by Cromarty.
5 6/12/1705 Consent from David Guthrie candlemaker in Kelso to be taken on as a soldier with Ensign Charles Cockburn in Brigadier Ferguson’s regiment.
6 6/12/1705 Representation from Robert Forbes, PC clerk, concerning the release of Isobell Eskdale from Dumfries tolbooth.
7 20/11/1705 – 6/12/1705 Bill of suspension in the case of the tenants of Meldrum against the Countess of Perth. Council decision signed by Sutherland recorded overleaf dated 20 November. A further notice signed by two notaries is recorded here also and dated 6 December.
8 6/12/1705 Instrument of protest David Craigie younger of Gairsey yra(?) James Nisbett with his answers thereto.
9 6/12/1705 Commission in favour of Ludovick Grant of Thurstoun for hindering the importation of prohibited goods.
10 6/12/1705 (Double of above) Commission in favour of Ludovick Grant of Thurstoun for hindering the importation of prohibited goods.
11 6/12/1705 Note of business 6 December.15

  1. Commission in favour of Count of Thurstoun anent English victual
  2. Proclamation explaining the act anent the importation of Irish goods.
  3. Petition James Cunningham
  4. Petition Charles May
11, 13 & 22 December 1705 [34 items]
1 11/12/1705 Sederunt and minutes of council, 11 December at the Council Chamber

Sederunt: Duke of Queensberry, Earl of Crawford, Earl of Sutherland, Earl of Morton, Earl of Buchan, Earl of Lauderdale, Earl of Findlater, Earl of Leven, Earl of Forfar, Earl of Cromarty, Earl of Stair, Earl of Glasgow, Lord Haddo, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Laird of Ormistoun, Lord Provost of Edinburgh.

  1. Queensberry elected praeses.
  2. Letter from the queen adjourning parliament until 6 February. Read, signed and appointed to be printed and published.
  3. Proclamation explaining some clauses in the commission to Ogilvie, Shaw, and Campbell. Read, approved, appointed to be printed and published.
  4. Process at the instance of the earl of Northesk against two fishermen (James & Rober Cargills) in Auchmoutie. PC found that they had deserted the earl’s service and ordered them to return to that town and to the service of the earl of Northesk. Anyone aiding or abetting them was threatened with being put to the horn if they did not return.

PC adjourned until Thursday 13 December at 4pm.
2 12/12/1705 ‘Ane List of the Heretors within the Shyre of Aberdeen Concerted to be Commissioners of Supplie of the said Shyre as Fitt persons to be Justices of peace within the same’.
3 13/12/1705 Committee anent pressed men and for determining debates thereanent
4 13/12/1705 (Printed) ‘Answers for the Laird of Meldrum to The Bill of Suspension offered by the Tenants of Meldrum before the Lords of Her Majesties most Honourable Privy Council’. PC decision signed by Sutherland overleaf.
5 13/12/1705 Sederunt and minutes of council Thursday 13 December at the Council Chamber.

Sederunt: Earl of Sutherland, Earl of Morton, Earl of Buchan, Earl of Findlater, Earl of Leven, Earl of Forfar, Earl of Cromarty, Earl of Roseberry, Earl of Glasgow, Lord Haddo, Lord Anstruther, Mr Francis Montgomery, Lord Provost of Edinburgh.

  1. Sutherland elected praeses.
  2. Bill of suspension the tenants of Meldrum with answers and testament of the factor of Meldrum considered. PC orders both party’s lawyers to be ready to answer the grounds of the bill next Thursday.
  3. PC orders the African Companu to give in their answers to Charles May’s petition.
  4. Committee anent pressed men.
6 undated Petition for the Countess and Earl of Perth and Drummond of Blair their factor
7 15/12/1705 ‘Extract act of Exclussion qras Harry Alexander notter
8 15/12/1705 Extract act of excluding of Harry Alexander
9 20/12/1705 Note of business 20 December16

  1. Libel Sir John Jardine against John and Alexander Broune
  2. Libel agent for the Kirk against intruders at Fetterosso
  3. Second diligence poor Francis Bell against witnesses
  4. Report of the committee ananet the magistrates of Canongate and Batholomew Gibson
  5. Bill of suspension tenants of Meldrum against the laird to be heard this day
  6. Petition John Broune of Cleughheads
  7. Petition the magistrates of Aberdeen
  8. Petition Charles May
  9. Petition James Young
  10. Petition Abercromby
  11. Petition for some French prisoners taken by Captain Campbell
10 22/12/1705 Double of a commission to Thomas Chieslie to be captain of her majesty’s ship the Dumbarton Castle
11 24 & 26/12/1705 Executions Sir John Jairden against party and witnesses
12 26, 27, & 28/12/1705 Information in the case between Jairden and John Broun of Celughheads with witness signatures.
13 28/12/1705- 3/1/1706 Committee anent Bartholomew Gibson’s petition and the answers of the town of Edinburgh. Council decision on 3 January recorded overleaf and signed by Buchan.
14 1/6/1705 17 Libel at the instance of the earl of Northesk against the two Cargills. This is the first notice of this issue and relates to Northesk calling them to compear before the PC to answer the charges.
15 31/3/1705 ‘Precept of warning The Earl of Northesk against the persons within named’
16 8/12/1705 Instrument Mr David Coupar against Mr James Grahame
17 undated Printed ‘Answers for Robert and James Cargills, and the Magistrats of Aberbrothwick for their Interest’
18 5/12/1705 Discharge William Stewart To James Cargill
19 7/5/1705 Instrument the earl of Northesk against the magistrates of Arbroath
20 8/6/1705 Execution against the court messengers
21 13/8/1686 or 11/12/1705 ‘Regrat Park Earle of Northesk To Cargills
22 28/5/1705 Letters the earl of Northesk against the magistrates of Arbroath and two fishermen
23 udnated Interrogators for the earl of Northesk. 6 points to be raised in interrogation. Singed by Mar.
24 12/12/1700 ‘Receipt William Stewart to Robert Cargill for mertimes 1699 and mertimes 1700′.
25 13/11/1704 Receipt William Stewart to Robert Cargill for his silver(?) rent at Martinmas 1704
26 20/6/1705 Judicial acknowledgemnt of Robert and James Cargills. Signed by Mar.
27 11/12/1705 List of parties and witnesses in the case of the earl of northesk agiasnt the fishermen in Auchmethie.
28 11/3/1705 Short statement by Robert Cargill
29 2/12/1705 Statement from William Stewart, factor to Northesk regading rents payable by Cargill.
30 5/12/1702 Discharge William Stewart to Robert Cargill for martinmas 1702
31 13/11/1704 Discharge William Stewart to Robert Cargill for martinmas 1704
32 23/10/1703 Discharge James Cargill for martinmas 1703
33 2/12/1701 Discharge William Stewart to James Cargill in December 1701
34 11/12/1705 The earl of Northesk against Cargills and others
13.Bonds of Caution, 1705 [18 items]
1 (undated) 1705 John and Archibald Homes for applying the voluntary contribution in the churches of Edinburgh for building a bridge over the water of dee. Mentions an act on 4 October, so is likely dated after that.
2 22/1/1705 Robert Viscount Arbuthnott as principal and Thomas Burnet of Leys as cautioner to pay aliment for Arbuthnott’s brother and sister for their bed, board and schooling.
3 18/1/1705 Anna Chieslie (daughter of deceased John Chieslie) who had been committed to the correction house in Edinburgh at the order of the magistrates there for ‘scandalous cariage and conversation with Sir George Seatinn if Garletone’ had her case taken to the PC, which had recommended her release, she promises to depart the kingdom within 48 hours of this bond of caution being submitted. She promised to do so under pain of being transported to the plantations in America. Patrick Govean and William Ramsay, both writers in Edinburgh as witnesses. Anna affixed her own signature to this bond.
4 17/3/1705 Magistrates and council of Annan for uplifting the custom charges from the bridge over the River Annan to be used for repairing that bridge. 3 witnesses were James Nepier, James Johsnton and Sndrew Anderson.
5 13/4/1705 Barbara Tannahill, prisoner in Edinburgh tolbooth had her sentence of death (decided by court of justiciary) commuted by the PC on 10 April to banishment. She was obliged to find caution in the books of PC and promises to depart between that day and 15 May under pain of death. Witnesses were Patrick Edgar, Adam Borg (merchant), and David Caw.
6 11/6/1705 James Knox present prisoner in the tolbooth of Edinburgh for his involvement in a rabble on 10 May. He was to remove himself from the kingdom by the end of May but failed to enact his bond of caution before then so was granted a reprieve until 13 June. He promises to do so under the highest pains. James Edgar and David Caw witnesses.
7 11/6/1705 Bond and enactment of banishment for William Davidsone. He was also part of the rabble on 10 May for which he was imprisoned in the Edinburgh tolbooth and found caution for his banishment prior to 13 June. James Edgar and David Caw witnesses.
8 30/6/1705 Bond and enactment of banishment for James Drysdaill, a meal maker in Gilmerton. He was to remove himself from the kingdom before 10 July under penalty of 500 merks. Gavin Stenhous and William Simpson witnesses.
9 5/4/1705 Several men (Alexander McGregor, fisherman, John Ramsay, slater, Andrew Flee, weaver, and David Jack) imprisoned in the Edinburgh tolbooth for the murder of Jannet Cornfoot in Pittenweem were appointed to be set at liberty following examination by a committee of the PC seeing that they find sufficient caution. David Caw and Andrew Wauch witnesses plus testimony from the minister of Pittenweem. Small section of Latin at the bottom of the bond. Found caution under pain of 1000 merks.
10 14 or 15/8/1705 Bond under lawburrows. The complainants mention that Archibald Stewart had raised lawburrows against them on 18 July 1705 by way of the courts of Orkney. They signed this bond on the island of South Rondell in Orkney on 15 August 1705. Witnesses were David and Alexander Flett and Robert Dundas.
11 31/8/1705 Enactment of banishment for James Drysdaill that he will depart the kingdom before 1 November. His banishment had been prorogued until that day. Witnesses were Gavin Stenhouse and William Simpson.
12 21/9/1705 Servants and tenants of Sir James Hall of Dunglass present themselves under penalty of 1000 merks. They sign this bond with Alexander, John and James Wauchop along with John Gibson as their witnesses.
13 24/9/1705 Same people as above (servants and tenants of Sir James Hall of Dunglass) presented to the privy council for rabbling of ‘pacquetts’ of the postmaster of Cockburnspath, John Wauchope. They are granted bail.
14 27/9/1705 John Urquhart of Meldrum and his cautioner George Campbell of Orkney promise to make forthcoming what rents he uplifts of his mother’s liferent to those people interested in it.
15 2/10/1705 James Gordon senior, merchant in Edinburgh acts as cautioner for Captain John Livingston of her majesty’s regiment of foot who had been sentenced to banishment. He was to appear before the PC when called and live peaceably under the penalty of £50 sterling. Robert Seton and John Ritchie witnesses.
16 11/10/1705 Bond from Lt Col Patrick Ogilvie, Sir John Shaw, and Sir Archibald Campbell for ‘Their Faithfull executing the Commission for hindering the Importation of Irish Victual & c.’ Commission was dated 2 October and ordered them to seize Irish vessels importing butter, cheese, and any other ‘prohibited goods’. This commission was to last for 3 years or until recalled. They were each to report back to the PC every half year.
17 8/10/1705 Bond of caution Mr Robert Bannerman for Mr John Corser. Voluntary collections from all parish churches within the shire of Lothian and ‘benorth’ the Forth to repair the harbour in Peterhead. George Keith and John Carse witnesses.
18 10/10/1705 Enactment Mr Gilbert Mushet, minister. He was at the time a prisoner in the tolbooth of Glasgow. He was to be set at liberty upon finding caution and promising to remove himself from the kingdom prior to 1 December under penalty of 500 merks and was not to converse with any of her majesty’s rebels. John Pollok, James Hutcheson, and Robert Allan witnesses.
3-31 January 1706 [57 items]
1 (undated) 1706 Memorandum for council letters at the instance of Alexander Tryste/Fyffe(?). Mentions that the debarring and removing of someone from their lawful and rightful property is against the law. Numerous people had committed such crimes against the earl of Errolls properties in Balmelly and had torn down some timber and committed other such crimes.
2 (undated) 1706 Petition of William Cochrane of Ochiltree to her majesty’s high commissioner (Queensberry) and the PC regarding a libel he pursued against Lt Col John Erskine and ‘certain Coalheughers his accomplices’ in a riot. Erskine provided some defence for their actions and the coal hewers had presented a suspension, but Cochrane claimed this was ‘calumnious and frivolous, so he asks to see Erskine’s ‘enactment’ along with calling for letters of horning ‘& oyrs Executorialls’ in his favour.
3 (undated) 1706 Petition of George Wilsone of Sands to Queensberry and the PC. Asks to be assoilzied from the process of reconvention he was involved in with Chochrane of Ochiltree and Lt Col Erskine due to considerable expenses for staying in Edinburgh during the deliberation of the legal process and asks for Erskine to pay some of his expenses.
4 3/1/170618 Sederunt and minutes of PC, Thursday 3 January 1706.

Sederunt: Earl of Sutherland, Earl of Buchan, Earl of Forfar, Earl of Glasgow (TD), Lord Register, Lord Justice Clerk, Lord Halcraig, Lord Pollock, Mr Francis Montgomery, Laird of Blackader, Lord Provost of Edinburgh.

  1. In absence of the Chancellor and President of PC, Buchan is elected praeses.
  2. Libel at the instance of Sir John Gairden of Aplegirth against John Broun of Cleughhead and Alexander Broun. Committee appointed to examine the witnesses and meet at 10am the next day; 3 to be a quorum. 17 January appointed as the day when defenders and witnesses are to compeer.
  3. Second diligence in the case of ‘poor Francis Bell’ but witnesses did not compeer so 17 January was appointed as the day for hearing and the witnesses were to be summoned.
  4. PC removes sist of execution against Bartholomew Gibson regarding non-payment of the cess for some of his lands in the Canongate. Leaves both parties to present their case to ‘the Judg ordinar as accords’.
  5. PC appoints Sir David Cunningham of Millcraig, advocate, to be one of the commissioners of supply in the shire of Linlithgow in the place of the deceased Murray of Livingstone.
  6. Exchange of French prisoners in Scotland for Scottish prisoners held by the French, organised via communication with John Baptista Lamperour ‘on of the French Kings Councillors Commissioner of the Marine affairs and Governour in the Jurisdiction of St: Mallo’. Ordered to be seen and answered by the African Company.
  7. PC heard petition from the magistrates of Aberdeen and delayed it.
  8. PC heard the petition from John Abercrombie, a suspected priest and an attestation from a physician pointing to Abercrombie’s indisposition of body. Aberdeen magistrates were to set him at liberty and he was to live peaceably under pain of 100 merks until he was to appear before the PC on 19 February.
  9. Gideon Guthrie to appear before PC on 17 January to answer the case of libel raised against him.

PC adjourned until ‘Tuesday nixt’ (8 January) at 3pm.
5 3/1/1706 Answers for the burgh of Edinburgh to the petition from Bartholomew Gibson, her majesty’s ferrier, to the PC.
6 3/1/1706 Sir David Cunnningham of Millcraig to be a commissioner of supply in the shire of Linlithgow in place of the deceased Patrick Murray of Livingstone. Singed by Buchan.
7 3/1/1706 PC appoints 17 January as the date for Gideon Guthrie to compeer before them in answer to the libel case against him. Signed by Buchan.
8 3/1/1706 Letters in the case between John Jarden of Aplegirth against John Brown of Cleughheads.
9 3/1/1706 Petition of John Abercrombie, suspected priest held in Aberdeen.
10 3/1/1706 Certificate of Abercrombie’s indisposition from two physicians and a surgeon apothecary in Aberdeen.
11 8/11/1705-3/1/1706 Petition to the PC from Julien Godet and Pieter Bonhomme on behalf of themselves and another 6 French prisoners. Also contains a list of the prisoner’s names, a petition signed by Buchan, and a letter to the SPC from Lempereur confirming the release of Scottish prisoners of Dinant, dated 8 November 1705. This same letter appears in French in another document attached to the above.
12 4/1/1706 Committee examining John Jardines witness.

Sederunt: Earl of Glasgow, Mr Francis Montgomery & Lord Provost of Edinburgh. Glasgow elected praeses.

  1. Alexander Browne in Barns compeered as a witness, aged 18 or thereabouts and unmarried. He confessed that he saw John Brown of Cleughheads and his son with an axe and that they took a church seat and may have broken an ‘eyle’.
  2. Andrew Kennedy of Bridgemuir as witness, aged c. 23 and unmarried. He ‘conformis precedentj in omnibus’ (as in: he confirms what was previously said).19
  3. Alexander Thomsone in Bridgemuir as a witness, aged 110/40/20 years and unmarried. Admits that he has an interest in the libel case but also claims to have seen the door broken up and a church seat taken.
  4. Thomas Charteris called as a witness; he was unmarried and aged around 28. He adds little to the foregoing evidence.
13 4/1/1706 Petition of John Brown of Celughheughs and his son.
14 8/1/1706 Letter from one of the magistrates of Kinghorn regarding a soldier who had voluntarily joined Lord Drumpellier’s regiment of foot confirming that he was neither pressed nor forced to do so.
15 10/1/1706 Sederunt and minutes of council 10 January 1706, at the council chamber.

Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Leven, Earl of Forfar, Earl of Roseberry, Earl of Glasgow (TD), Lord Arnistoun, Lord Anstruther, Mr Francis Montgomery, Laird of Ormistoun younger, Lord Provost of Edinburgh.

  1. In the absence of the Chancellor and President of PC, Montorse was elected praeses.
  2. Upon the petition of William Cunningham of Koul the PC grants him the allowance for a voluntary collection in the churches int eh shires of Perth and Stirling for reimbursing him for the expenses paid for building a stone bridge over the water of Ruthven.
  3. PC heard the petition of the magistrates of Aberdeen and granted them warrants to apprehend and re-imprison several individuals who had broken out of prison and appeared to be scattered around the shires of Aberdeen, Banff, and Inverness.
  4. Earl of Buchan added to the committee anent Charles May’s petition and the committee was to meet the following day at 10am.

PC adjourned until 15 January at 3pm.
16 Note of business on 10 January.20

  1. Petition William Cunningham
  2. Petition anent Charles May
  3. Petition the magistrates of Aberdeen
17 The petition of William Cunningham of Coul. Granted, signed by Montrose.
18 Act in favour of the magistrates of Aberdeen.
19 Interloquitor on the magistrates of Aberdeen’s petition. Singed by Montrose.
20 Answers from the African company to Charles May’s petition
21 The petition from the magistrates of Aberdeen to the PC.
22 17/1/1706 The PC recommends to the Duchess of Hamilton to allow the body of Lord Lindores to be interred in the Abbey Kirk of Holyroodhouse. Signed by Montrose.
23 Note of business on 17 January.21

  1. Libel Patrick Dick against William Graham and others
  2. Second diligence for Francis Bell against witnesses
  3. Petition from Mr Robert Freebairne
  4. Petition from Bartholomew Gibsone
  5. Petition from Charles May
24 Sederunt and minutes of council 17 January at the council chamber.

Sederunt: Marquis of Montrose, Earl of Haddington, Earl of Forfar, Earl of Glasgow (TD), Lord President of Session, Lord Justice Clerk, Lord Arnistoun, Lord Halcraig, Lord Pollock, Mr Francis Montgomery, Laird of Ormistoun younger.

  1. Montrose elected praeses.
  2. Warrant for interring Lord Lindores in the abbey church.
  3. Second diligence in the case of ‘poor Francis Bell’ against witnesses. Committee named to examine witnesses (2 to be a quorum) and to meet the following day at 10 am.
  4. Petition from Robert Freebairn, bookseller in Edinburgh. PC authorise him to print and publish an English translation of the Harlem Courant and the Paris Gazette. Caveat that this print could at all times be revised by the clerks of the council.
  5. Petition from Bartholomew Gibson, sisted and appointed to be intimated to the magistrates of the Canongate.
25 Printed petition from Robert Freebairn, bookseller in Edinburgh with a handwritten addition at the bottom of the page confirming this and signed by Montrose.
26 Letters of complaint Robert Brown Carrick against John Aitken and Willima Burrell present magistrates in Kinghorn to have them brought before the PC.
27 Double of the above letter of complaint.
28 18/1/1706 Further letters of complaint from Robert Brown Carrick which calls for the defenders to compeer before the PC since they had been called to do so by 4 January but had failed to do so.
29 19/1/1706 Robert Brown Carrick commands the defenders to appear before the PC on or prior to 24 January.
30 22/1/1706 Letters of complaint from John Webster, minister at Fetterrosso (by way of a messenger) with concourse of the agent for the kirk and the lord advocate against Gideon Guthrie, intruder in that parish and several lay people for aiding and abetting him. Calls for them to appear before the PC on or prior to 5 February.
31 Execution of the above letters of complaint.
32 24/1/1706 Sederunt and minutes of council 24 January, at the council chamber.

Sederunt: Marquis of Montrose, Earl of Sutherland, Earl of Haddington, Earl of Lauderdale.

  1. Montrose elected praeses.
  2. Libel at the instance of Charles Skeen against the baillies of Kinghorn read and admitted to probation. Committee anent pressed men ordered to deal with it and meet the next day at 10am and 2 a sufficient quorum.
  3. Petition from Andrew Wauchop of Niddrie with two certificates from merchants in Rotterdam concerning two suspected priests there. PC empowers the clerks of council to deliver up to the petitioner two bonds granted to him as cautioner for the two suspected priests for them to leave the kingdom.
  4. Petition of Bartholomew Gibson and answers from the magistrates of the Canongate. Petition refused.
  5. Petition from the earl of Glencairn and he is admitted as the master of the game in the shire of Renfrew.
  6. Petition of Thomas Hagie, mariner and it is remitted to the committee formerly appointed to deal wit ‘Turpie and oyr slaves in Algyres’.
  7. Petition from poor Francis Bell. PC renewed the second diligence and appointed 15 February for the process to be heard again.
  8. Lords Register and Justice Clerk added to the committee anent pressed men.

PC adjourned until 31 January at 3pm.
33 24/1/1706 Notes of business 24 January22

  1. Libel William Cuthill against Mr James Polsoun(?) ‘agried & proces got up’
  2. Libel Captain Charles Skeen against the baillies of Kinghorn
  3. Petition Andrew Wauchop of Niddrie
  4. Petition Bartholomew Gibson & answers
  5. Petition Charles May
  6. Petition Thomas Heggie slave in Algiers
  7. Petition poor Francis Bell
34 24/1/1706 Note signed by Montrose adding the Lords Register and Justice Clerk to the committee anent pressed men.
35 24/1/1706 Answers from the burgh to the petition of Bartholomew Gibson against the town of Edinburgh
36 24/1/1706 Petition of Andrew Wauchope of Niddrie
37 24/1/1706 Petition of Bartholomew Gibson
38 24/1/1706 Petition of the earl of Glencairn
39 24/1/1706 Petition of Thomas Heagie, mariner and sometime slave in Algiers
40 26/1/1706 Formula denying the tenets and government of the Catholic Church sworn by Patrick Butter of Gormock in the presence of Glasgow and Montgomery.

Note on the reverse of this document dated 31/1/1706 and signed by Montrose confirms that this formula was sworn and orders it to be recorded.
41 26/1/1706 Committee for examining Captain Charles Skeen and witnesses.

Sederunt: earl of Glasgow and Mr Francis Montgomery.

Depositions of the witnesses:

  1. Patrick Heggins skipper aged 39 as witness.
  2. John Kay corporal aged 38 as witness.
  3. William Burry officer aged 51 as witness.
  4. John Doak town officer aged 64 years as witness.
42 (undated) 1706 Orders for the interrogation of the witnesses in Captain Skeen’s case. There are 7 orders of matters to enquire about with the witnesses and the document is signed by Glasgow and Montgomery.
43 30/1/1706 Letters of complaint delivered by a messenger at the instance of Archibald Nisbet of Carphine against Sir William Craigie of Garsie. They were ordered to appear before the PC on 2 April to answer the complaint.
44 29/1/1706 The Laird of Carphine against Craigie of Gairsie and others. Mentions the crimes of ‘Bangastrie and oppression’ which Craigie of Gairsie and his son were guilty of with the help of a number of the complainer’s tenants. They were liable to pay £2000 Scots to Nisbet in damages and were to appear before the PC in Edinburgh on 2 April.
45 17/4/1706 PC considers the petition of Thomas Heagie and approve the report of the committee named to deal with it, allowing the Presbytery of Kirkcaldy to begin a voluntary collection for the payment of 166 rex dollars for his ransom. Mr David Williamson, minister at the West Kirk was entrusted as by the presbytery to deal with the matter. Signed by Glasgow.
46 31/1/1706 Sederunt and minutes of council 31 January at the council chamber.

Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Forfar, Earl of Ruglen, Earl of Cromartie, Earl of Glasgow (TD), Lord Yester, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Lord Provost of Edinburgh.

  1. Montrose elected praeses.
  2. Process of Skeen against the magistrates of Kinghorn: defenders assoilzied from all points of the libel and declared ‘qyutt therefrae’ in all time coming.
  3. In the case of the libel at the lord advocate’s instance against Alexander Barclay sometime minister of Auchterless: some of the witnesses had not compeared, so 21 February was assigned the day for the matter to proceed in council.
  4. PC appoints the formula of Patrick Butter of Gormock (purging himself of ‘popery’) to be recorded.
  5. Considering a petition from the commissioners of supply from Aberdeenshire, the PC appoints a committee to appoint JPs in that shire. Committee to meet the next morning at 10am with 2 to be a quorum and to report back to full council.
  6. The petition from the joint presbyteries of Turriff and Fordyce remitted to the committee anent church irregularities to meet and make report on it at first convenience.
  7. Petition from Alexander Haggins to be seen and answered by the African Company
  8. 21 February as the date for the case between Anna Lindsay relict of the former minister at Kennie and the chamberlain of Kennie.
  9. Petition of Mr John Matters read and delayed until the next council day. In the meantime, PC orders Goodtrees to meet with Blair (agent of the Kirk) and answer the petition.
  10. 6 February being the queen’s birthday, the PC orders a ‘demosntration of publick Joy’ by way of the ringing of bells in Edinburgh from 10am until 4pm. Public solemnities and illuminations to commence at midday. PC to take special care to avoid any disturbances on this day.
  11. Leven ordered to fire the great guns at the castle to be fired on 6 February.
  12. Cromarty gave notice of an Ostend privateer months ago but this was not recorded since he went to the country so is recorded here.

PC adjourned until 6 February at midday. ‘Booked’
47 31/1/1706 Note of business on 31 January.23

  1. Process to be advised Captain Skeen against the magistrates of Kinghorn
  2. Libel lord advocate against Mr Alexander Barclay
  3. Formula taken by Patrick Butter of Gormock to be reported
  4. Petition the commissioners of supply in Aberdeenshire
  5. Petition the united presbyteries of Turriff and Fordyce
  6. Petition Mr Alexander Haggins
  7. Petition Mr John Maters
48 31/1/1706 Petition from Mr John Mather, minister of the gospel. Mentions that he had both congratulated her majesty on her accession to the throne and taken the oath of allegiance and assurance. He was surprised to find that he was declared as not legally qualified and therefore had not appeared before PC when called. Claims he was the only lawful minister in the parish and that his call conformed with both the 1693 and 1695 church acts.
49 31/1/1706 Letters of complaint from Captain Charles Skeen against the magistrates of Kinghorn.
50 31/1/1706 List of witnesses in the case of Captain Skeen against the magistrates of Kinghorn. Also records on the reverse the names of the councillors in the committee appointed to deal with this process.
51 31/1/1706 Representation of the joint presbyteries of Turriff and Fordyce concerning the parish of Auchterlees and a ‘tumultuary crowd’ in arms there.
52 31/1/1706 Answers for the two bailies of Kinghorn (John Aitken and William Birde) in the libel brought against them by Captain Skeen.
53 31/1/1706 Petition of the commissioners of supply in Aberdeenshire with a comment in a different hand dated 31 January recording the committee named to appoint JPs there which was signed by Montrose.
54 31/1/1706 Warrant to the magistrates of Edinburgh to observe the queen’s birthday on 6 February. Signed by Montrose.
55 31/1/1706 Warrant to the governor of Edinburgh castle to fire the guns on the queen’s birthday. Singed by Montrose.
56 31/1/1706 Interlocutors in the libel against Mr Alexander Barclay. Signed by Montrose.
57 31/1/1706 Petition for Mr Alexander Higgins to do with the cargo of the English East India Company ship The Worcester and payment of money regarding it. Signed by Montrose.

There is an addition at the bottom of this petition from 12/2/1706 which states that the petition was read again in council that day and that the PC delayed it.
Royal Letters, 1706 [14 items]
1 9/2/1706. Letter adjourning the parliament until 9 May & a proclamation to that end to be issued. SP was supposed to meet on 26 Feb. Sent from St James’s, signed by Loudoun. Read in PC on 15/2/1706.
2 27/4/1706 Adjournment of parliament continued until 20 June, as there was no necessity for it to meet from 9 May & a proclamation to that end to be issued. Sent from Kensington, signed by Loudoun. Read in PC on 7/5/1706.
3 8/6/1706 Adjournment of parliament continued until 25 July & a proclamation to that end to be issued. Sent from Windsor Castle, signed by Loudoun. Read in PC on 14/6/1706.
4 8/7/1706 Adjournment of parliament continued until 29 August & a proclamation to that end to be issued. Sent from Windsor, signed by Mar. Read in PC on 16/7/1706.
5 31/7/1706 Henry earl of Delorraine admitted to the PC by order of the queen & a proclamation to that end to be issued. Sent from Windsor, signed by Mar. Read in PC 23/10/1706.
6 12/8/1706 Adjournment of parliament continued until 19 September & a proclamation to that end to be issued. Sent from Windsor, signed by Loudoun. Read in PC on 20/8/1706
7 27/8/1706 Adjournment of parliament continued until 3 October since her majesty’s commissioner was ‘hindered’ by a ‘multiplicity of important affairs’ making him unavailable to attend the meeting of the estates. A proclamation was ordered to be issued. Sent from Windsor and signed by David Nairne. Read in PC on 6/9/1706.
8 31/5/1706 Following the order for a Company of Foot to be raised and placed as a garrison at Blackness Castle, the queen orders ‘Reducements in our forces in that our Kingdom’. Commander-in-chief of the Scottish forces was to remove one man from each company of the 3 regiments of foot commanded by Major General Maitland, the laird of Grant younger and Lord Strathnaver as well as one man from each troop of the 2 regiments of dragoons commanded by the marquis of Lothian and Lord Carmichael. Also orders them to reduce the garrison at Blackness which the previous administration had put in place. Sent from Windsor and signed by Mar. Read in PC on 30/7/1706.
9 29/3/1706 Orders more forces to be raised and transported abroad ‘to Act in conjunction with out Allies’. Commission granted to Lord Mark (Colonel Lord Mark Kerr), the marquis of Lothian’s brother, to raise a regiment of foot which was to be commanded by him and paid for by the ‘English Establishment’. Sent from Windsor and signed by Mar. Read in PC on 17/4/1706.
10 29/6/1706 Sir Alexander Campbell of Cessnock, one of the Senators of the College of Justice is added to the PC. Sent from Windsor and signed by Loudoun. Read in PC on 23/7/1706.
11 Sir Alexander Ogilvie of Forglen, one of the Senators of the College of Justice, is added to the PC. Sent from Windsor and signed by David Nairne. Read in PC on 16/11/1706.
12 23/3/1706 The earl of Dalhousie is admitted to the PC. Sent from Kensington and signed by Mar. Read in PC on 24/10/1706.
13 28/2/1706 Alexander, earl of Eglington, David, earl of Wemyss, Thomas, viscount of Dupplin, John, Viscount of Garnock, James, viscount of Primrose, Lord Inverurie, Patrick Lord Polwarth, James Lord Carmichael, Lord Torpichen, Lord Cranston, Lord Rae, Lord Elibank, Sir Archibald Hope of Rankeillor (one of the senators of the College of Justice), Mr Robert Stewart of Tillicoultry, Sir Gilbert Elliot of Minto (all senators), Sir Robert Sinclair of Stevenson, Sir Harry Innes of that ilk younger, Archibald Douglas of Cavers, William Morrison of Prestongrange, Alexander Grant of that ilk younger, and Lieutenant General John Erskine, deputy governor of Stirling Castle are all added to the PC considering their ‘Loyalties and Abilities’. Sent from Kensington and singed by Loudoun. Read in PC on 20/3/1706.
14 27/2/1706 Following an order to equip one of the government’s men of war and have it lie in the port of Leith, the queen calls for a voluntary levy of seamen into the Royal Navy. Each recruit was to receive 40s and thereafter would be paid at the same rate as their English counterparts. The PC was to give ‘all other Incouragement and Assistance to our said Captain’ in this matter alongside giving ‘speciall Orders for Preventing Abuses and Disorders in making these Levies’. This included orders to prevent Press Masters from seizing or pressing seamen from any Scottish ships into service. Sent from Kensington and signed by Loudoun. Read in PC on 12/3/1706.

 

1. The first entry here is scored out.

2. The next 8 items all appear within these minutes as they are the manuscript originals of the petitions, commissions and other matters which are recorded here.

3. All but number 1,3 & 6 on this list are scored out.

4. All but nos. 2, 5, 6 & 8 are scored out.

5. Only no. 3 on this list has been scored out.

6. Attached to the petition below, but in a different hand.

7. Save for nos. 1, 2, 3, 4, 8, 10, 11, 13, 16, 18, 7 & 25 all are scored out.

8. Strathearn?

9. All but no.1 on the list below are crossed out in the MS.

10. All of the below except no. 6 are scored out in the MS.

11. The following 23 items appear in a bundle which is entitled ‘Proceedings relative to the Building of a new Church at Lendell or Coldstream’.

12. This is the final item in the bundle concerning the Kirk of Lennel or Coldstream and the process regarding it between Haddington and Home.

13. The following 10 items are in a bundle entitled ‘Papers in the Case The Election of Magsitrates of Aberbrothock 24 – 29 Nov. 1705′.

14. N.B. this material says on the back of it that it belongs to box 9. Check this against Alastair’s contents survey.

15. All of the below list are scored out in the MS.

16. All points on the list below have been scored out in the MS.

17. All of the following papers appear inside a bundle within this bundle, which is entitled ‘Papers referring to The Process The Earl of Northesk & Robert and James Cargill and The Magistrates of Aberbrothick for their interest’. It all appears to be dated 11 December 1705 according to the front of this bundle.

18. The following 10 items appear in a bundle within these minutes of the PC meeting on 3/1/1706.

19. May need confirmation of this from a Latinist.

20. The following list of 3 items all appear scored out in this short entry.

21. All of the items on this list save for number 1 have been crossed out.

22. All items on this list except no. 5 are crossed out.

23. All matters recorded in this list are scored out.