NRS, PC12/1706 (box 9) – Inventories of Miscellaneous Boxes

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

NRS, PC12/1706 (box 9) – Inventories of Miscellaneous Boxes

23-31 July 1706 [60 items]

1

23/7/1706

Sederunt and minutes of council 23 July, at the Council Chamber

Sederunt: Marquis of Montrose (P), Earl of Buchan, Earl of Findlater, Earl of Northesk, Earl of Forfar, Earl of Dunmore, Lord Haddo, Lord Register, Lord Advocate, Lord Arniestoun, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Cessnock, Lord Minto.

  1. Letter from the queen adding Sir Alexander of Cessnock to the PC. Read and ordered to be recorded, then Cessnock took the oaths and his seat at the board.

  2. Libel at the instance of William Forbes of Tolquhon and Robert Wishart his forester against Mrs Mary Gordon, lady Gight and Alexander Davidson of Gight her husband. Both parties and their lawyers compeared and the libel is put to probation. Committee named to meet the next day at 10am, to advise on the matter and hear witnesses.

  3. Commutation of Bessie Muckiesone’s sentence ‘ut in scriptis’

  4. Petition from the magistrates of Glasgow concerning the Irish ship taken by Captain Mathew Campbell. Case recommended to the court of admiralty and the treasury was ordered to pay those on the ship some money for their cargoes etc.

  5. Petition from the officers of Brigadier George Hamilton’s regiment for raising recruits. Keepers of Canongate tolbooth and other tolbooths around the kingdom were to make their prisons available to these officers for raising recruits.

  6. Petition from James Mercer of Clavadge and answers thereto from David Drummond of Innermay. Committee named to deal with the matter and meet at 10am the following day.

  7. Petition from Francis Paton, David Finlaysone and William Cunninghame. PC ordered the keepers of Edinburgh tolbooth to set the latter two at liberty.

  8. PC renews the warrant on Broomhall’s petition ‘ut in scriptis’.

Adjourned until next Thursday at 4pm.

2

23/7/1706

Supplication of Bessie Muckisone, prisoner in the tolbooth of Edinburgh.

3

23/7/1706

Petition from the provost and magistrates of Glasgow. Council decision signed by Montrose overleaf.

4

23/7/1706

Commutation of sentence of death against Bessie Muckiesone to banishment. Her crime was concealing the birth of her child. PC decision signed by Montrose, Buchan, Findlater, Northesk, Forfar, Dunmore, Goodtrees, Anstruther, Pollock and Cessnock.

5

23/7/1706

Petition of the officers of Brigadier Hamilton’s regiment. Council decision signed by Montrose recorded overleaf.

6

23-30/7/1706

Petition from Francis Paton, notary in Stirling, David Finlayson, merchant, and William Cunningham, messenger. PC decisions from 23 and 30 July signed by Montrose overleaf.

7

23/7/1706

Not eof business 23 July1

  1. Libel William Forbes of Tolquhon against the Lady Gight.

  2. Petition poor Bessie Muckiesone

  3. Petition for the town of Glasgow

  4. Petition for the officers of Brigadier Hamilton’s regiment

  5. Petition for Mercer of Clavadge and answers by Innermay

  6. Petition David Finlaysone and others.

8

24/7/1706

Letters of reconvention Mary Gordon lady Gight and her husband against Robert Wishart forester to the laird of Tolquhon and John Duncan his gardener.

9

24/7/1706

Letters of reconvention James Spence bailie of Brechin against James Cowie and David Young former bailies.

10

Letters of reconvention James Spence against Francis Molysone ‘pretended’ bailie of the burgh of Brechin and James Erskine, the justiciar of the burgh.

11

25/7/1706

Sederunt and minutes of council 25 July at the council chamber

Sederunt: Marquis of Montrose (P), Earl of Buchan, Earl of Findlater, Earl of Northesk, Earl of Forfar, Earl of Dunmore, Earl of Cromartie, Lord Haddo, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Cessnock, Lord Minto, Laird of Cavers Douglas.

  1. Libel at the instance of Justice Meldrum writer in Edinburgh against James Gordon messenger and William Gordon his son. Principal libel and libel of reconvention both admitted to probation. Committee named to settle the case and hear witnesses to meet at 10am the following day.

Adjourned until next Thursday at 4pm.

12

25/7/1706

Note of business 25 July2

  1. Libel Justice Meldrum against James Gordon

  2. Process to be advised William Cochrane of Ochiltree against Liuetenant Colonel John Erskine ‘& e contra’.

  3. Petition for Sir Thomas Wallace

  4. Petition for Patrick Corser

  5. Petition David Craigie against Nisbet of Carphin

  6. Petition for Francis Paton

  7. Petition Anthony Spencely

  8. Petition for the Laird of Gight

13

undated

‘Interrogators for Justice Meldrum’s witnesses against James & William Gordons’. 3 items to be brought up in the interrogations.

14

23/7/1706

Letters Justice Meldrum against Gordons. Council decision from 25 July signed by Montrose recorded overleaf.

15

undated

List of Justice Meldrum’s witnesses

16

23-25/7/1706

Letters of reconvention Justice Meldrum against the two Gordons.

17

undated

Execution against James Irvine writer in Edinburgh (in the Meldrum v Gordons case).

18

undated

Execution against witnesses (in the Meldrum v Gordons case).

19

undated

Execution against the defenders (in the Meldrum v Gordons case).

20

undated

Printed ‘Answers for James Gordon Messenger in Edinburgh, and William Gordon his Son. To the Libel pursued before the Lords of Her Majesty’s Privy-Council, by Justice Meldrum Writer in Edinburgh, against them.’

21

24-25/7/1706

Execution against witnesses in the case between Meldrum and the two Gordons.

22

24/7/1706

Note about letters of reconvention in the case between Meldrum and the two Gordons.

23

24/7/1706

Letters of reconvention James and William Gordon against Justice Meldrum.

24

25/7/1706

Execution of witnesses in the case between Meldrum and the two Gordons.

25

25/7/1706

Declaration by the sheriff clerk of Edinburgh of the fining of Justice Meldrum & William Gordon.

26

25/7/1706

Interlocutor in the mutual process Cochrane of Ochiltree against Lieutenant Colonel Erskine. Signed by Montrose.

27

undated

Printed ‘Information for William Cochran of Ochiltrie, William Cochran his Eldest Son, George Wilson of Sands and Others, Against Lieutenant-Colonel Erskine’

28

undated

Interrogators for Ochiltree’s witnesses against Colonel Erskine

29

undated

Answers for Lieutenant Colonel John Erskine of Carnock and others in the process of the laird of Ochiltree and others against them

30

undated

Interrogators by Colonel Erskine to the witnesses adduced by him against Ochiltree and others

31

undated

Printed ‘Information for Lieutenant Colonel Erskine of Carnock Against the Lairds of Ochiltry; George Wilson of Sands and others upon the mutual Processes depending before Her Majesties Privy Council’

32

undated

‘I William Cochrane of Ochiltree doe in all humilitie decline the Right Honorable The Earle of Buchan from being Judge in the cause betwixt Lewtenant Collonel Erskine & me In regaird his Lordship is nephew to the Collonel’. Signed by Cochrane.

33

undated

Double of the above refusing Buchan to be involved in the process, signed by Cochrane.

34

undated

Printed ‘Information for William Cochran of Ochiltire, Against Lieutenant Colonel John Erskine, and the other Persons convened in the Council Complaint, at the instance of the said William Cochran’.

35

undated

Answers for Sir William Cochrane of Ochiltree and others to the complaint given in by Colonel Erskine against them.

36

27/7/1706

Obligation Arbigland to Barnhowry. Two signed declarations are appended to this.

37

27/7/1706

Consent of liberation Adam Crack of Arbigland and John Murray

38

27/7/1706

Execution of letters of reconvention laird of Tolquhon against Lady Gight.

39

29/7/1706

Execution of letters of reconvention James Spence bailie of Brechin against James Erskine.

40

29/7/1706

Execution of letters of reconvention James Spence against Alexander Young and others.

41

29/7/1706

Execution of letters of reconvention lady Gight against Tolquhon and others.

42

29/7/1706

Letters the lady Gight and her husband against Thomas Selbie, butler to the laird of Tolquhon

43

29/7/1706

Execution Dick and Carnegies against Dame Isobell Hay

44

30/7/1706

Sederunt and minutes of council 30 July at the council chamber.

Sederunt: Marquis of Montrose (P), Earl of Buchan, Earl of Eglington, Earl of Lauderdale, Earl of Findlater, Earl of Northesk, Earl of Forfar, Earl of Cromarty, Lord Haddo, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Cessnock, Lord Minto, Laird of Cavers Douglas, Lieutenant Colonel Erskine.

  1. Buchan notifies the council of some objections offered against the witnesses adduced by the laird of Tolquhon. They are remitted to the committee formerly named to deal with the matter.

  2. Warrant for liberating Anthony Spencely.

  3. Letter from the queen reducing some of the forces in order for a company of foot to be raised and placed at Blackness Castle.

  4. Libel at the instance of James Erskine, the earl of Mar’s brother against James Spence present bailie of Brechin. Both parties compeered with their lawyers and the principal libel at the instance of Erskine is found relevant and proven. Spence was to be fined, imprisoned in the tolbooth and deprived of his office of magistrate.

  5. Petition from Lady Kilravock in her name and on the behalf of her son, Arthur Ross, who was a prisoner in Algiers. Remitted to Goodtrees to contact the laird and to encourage him to advance the ransom for Arthur Ross.

  6. Petition of James Thomson oversman in Kincardine and other colliers there. The magistrates of Edinburgh were to receive the persons of the petition as prisoners there and to hold them there until the next Saturday at midday. The PC suspends the payment of the fine (1,000 merks) against the petitioners.

  7. Petition from Francis Paton notary in Stirling and others but no answers were given in to that. The keepers of Edinburgh tolbooth are ordered to set Paton at liberty.

  8. Petition from Thomas Wallace of Craigie advocate and it is to be seen and answered the next council day.

PC adjourned until next Thursday at 10am.

45

30/7/1706

Note of business 30 July.

  1. Libel Mr James Erskine against James Spense

  2. Libel Provost Doig against bailie Molysone

  3. Libel and Reconvention the lady Gight against Tolquhon and Selbie

  4. Process to be advised bailie Corbett against the Deacon convenor of Dumfries

  5. Petition of the laird of Ochiltree

  6. Petition Anthonie Spencelie and answers thereto

  7. Petition for the laird of Gight

  8. Petition from Francis Paton

  9. Petition for Patrick Corser

  10. Petition for William Rannald

  11. Petition for bailie Corbet

  12. Petition for Colonel Erskine’s colliers

46

undated

Printed ‘Petition of The Lady Kilravock in Name and behalf of Arthur Ross her Son, now Prisoner with the Piratical Turks at Algiers’. Council decision signed by Montrose overleaf.

47

30/7/1706

Printed ‘Petition of James Thomson Oversman, John Thomson, James Snowden, James Paton, John Thomson, Thomas Peacock, Thomas Smith, James and Walter Youngs John Crockat younger, all Coalliers in Kincardine and Tulliallan’. Unsigned council decision recorded overleaf.

48

25/7/1706

Printed ‘Petition of Anthony Spencely, Englishman’

49

undated

Printed ‘Petition by way of Answer For John Dick Writer in Edinburgh, To the Bill given in against him by Anthony Spencely Enlgishman’.

50

30/7/1706

Execution of letters Lady Gight against Selbie.

51

30/7/1706

Warrant from the privy council for imprisoning the colliers. Signed by Montrose.

52

30/7/1706

Council warrant for liberating Anthony Spencelie. Signed by Montrose.

53

30/7/1706

Warrant to the commander-in-chief in favour of the earl of Buchan. Signed by Montrose.

54

30/7/1706

Interlocutor on Francis Paton’s petition. Signed by Montrose.

55

30/7/1706

List of the parties and witnesses in the case between Mr James Erskine against bailie Spence

56

30/7/1706

Warrant for receiving Tolquhon’s witnesses ‘cum nota’. Signed by Montrose.

57

30/7/1706

Letters of reconvention James Spence against James Erskine.

58

30/7/1706 – 6/8/1706

Petition Sir Thomas Wallace of Craigie. PC decisions on 30 July and 6 August both signed by Montrose recorded overleaf.

59

30/7/1706

Letters Mr James Erskine against James Spence.

60

30/7/1706

Committee for examining the witnesses in the libel between William Forbes of Tolquhon and the Lady Gight.

Sederunt: Earl of Buchan, Earl of Findlater, Lord Haddo and the Earls of Northesk and Dunmore came in later. Buchan elected praeses.

2-31 July 1706 [74 items]

1

2/7/1706

Extract sentence and decreet the procurator fiscal and his informer against Janet Stewart

2

3/7/1706

Extract sentence of the inquest and interlocutors following upon tat the instance of Thomas Crombie procurator fiscal of Teviotdale against Margaret Brown, Agnes Ogilvie, and Elizabeth Baikie

3

3/7/1706

Decreet and extract of the process Thomas Crombie against Margaret Brown, Agnes Ogilvie and Elisabeth Baikie, ‘Egiptians’.

4

3/7/1706

Lieutenant Colonel John Erskine against Cochrane of Ochiltree and others.

5

11/7/1706

Libel of reconvention Colonel John Erskine against Cochrane of Ochiltree and others. Committee appointed to examine witnesses in PC decision recorded overleaf and signed by Montrose.

6

4/7/1706

Sederunt and minutes of council 4 July at the council chamber.

Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Glencairn, Earl of Northesk, Earl of Balcarres, Earl of Forfar, Earl of Dunmore, Earl of Ruglen, Earl of Cromarty, Lord Haddo, Lord Elibank, Lord Register, Lord Advocate, Lord Anstruther, Lord Rankeillor, Lord Tillicoultry, Lord Minto.

  1. Montrose acquainted the council with a letter he had received from Loudoun, one of the principal secretaries of state, concerning a convoy of ships coming from Gothenburg.

  2. Petition of lieutenant colonel Erskine. PC allows Erskine’s ‘workmen’ who are cited in the libel case before the privy council to return to their work seeing that he had enacted himself in the books of privy council.

  3. Libel at the instance of William Cochrane of Ochiltree against Lt Col Erskine. Both parties and their lawyers compeared before the council and the libel was admitted to probation. Committee appointed to meet at 10am the next day and examine witnesses.

  4. Bill of suspension John McWhirter of Garryhorne against Margaret Kennedie, lady Ardmillan. Appointed to be seen and answered the first council day of August.

PC adjourned until next Thursday at 4pm.

7

4, 8, 10/7/1706

Information in the case between Lt Col Erskine and Cochrane of Ochiltree.

8

undated

Printed ‘Information For William Cochran of Ochiltrie, William Cochran his Eldest Son, George Wilson of Sands and Othes, Against Lieutenant-Colonel Erskine’.

9

4/7/1706

Petition of Colonel John Erskine of Carnock. Council decision signed by Montrose recorded overleaf.

10

4/7/1706

Letters Cochrane of Ochiltree against Lt Col Erskine and others. Council decision signed by Montrose overleaf.

11

4/7/1706

Execution Thomas Ross tenant and officer of John Glass of Sauchie against David Finlaysone and others.

12

4/7/1706

Letters Thomas Ross and others against Finlayson and others. Council decision signed by Montrose overleaf.

13

4/7/1706

Warrant to Sir Robert Forbes (PC clerk) to acquaint Mr Lyell at Elshmore of the convoy coming from Gothenburg with some Scots ships there. Signed by Montrose.

14

4/7/1706

Note of business 4 July.3

  1. Libel William Cochrane of Ochiltree

  2. Petition for Lt Col Erskine

  3. Bill of suspension Mcquhirter of Garryhorne

15

5/7/1706

Committee for examining the witnesses in the libel William Cochrane of Ochiltree against Lt Col Erskine of Carnock.

Sederunt: Earl of Balcarres, Earl of Cromarty, Lord Haddo, plus Earl of Glencairn, Earl of Rothes and Lord Register came in later.

This bundle consists of 16 pages of witness statements, plus the two below loose sheets:

  1. Call the reconvention Lt Col Erskine pursuer (list of litigants and witnesses).

  2. Call William Cochrane of Ochiltree (list of litigants and witnesses).

16

undated

Depositions of the witnesses adduced for Ochiltree in the process against Colonel Erskine.4

17

6/7/1706

Execution of the letters raised at the instance of Thomas Ross against David Finlaysone and others.

18

6/7/1706

Execution of the letters raised by Thomas Ross.

19

undated

Printed ‘Petition of George and Lachlan Rattrays’

20

11/7/1706

Sederunt and minutes of council 11 July at the council chamber.

Sederunt: Marquis of Montrose (P), Earl of Buchan, Earl of Northesk, Earl of Forfar, Earl of Dunmore, Earl of Cromarty, Lord Haddo, Lord Elibank, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Minto.

  1. Order for transporting French prisoners from Greenock to Glasgow

  2. Memorial from Captain Thomas Gordon, skipper of the ship the Royal William. PC allows him to take on board the guns which formerly belonged to the Bass Rock.

  3. Report of the committee for revising the process against George and Lachlan Rattray, prisoners at Inverness for the crimes of charming and witchcraft. Considered with a petition from the two men. PC ratifies and approves of the sentence of death against them. Suspends this until the first council day in September.

  4. PC orders the sheriff depute of Teviotdale and his depute to transport Margaret Brown, Agnes Ogilvie and Elizabeth Baillie (‘beggars, vagabonds & egyptians’) from the tolbooth of Jedburgh to the correction house of Edinburgh. They were to remain there until their banishment to the plantations.

  5. Libel of reconvention at the instance of Lt Col Erskine against Cochrane of Ochiltree. Both parties and their lawyers were present and the libel was admitted to probation. A committee was named to meet at 10am the next day and to report back. Second diligence was also granted against absent witnesses.

  6. Robert Forbes (clerk) reported that some of the witnesses in the libel between bailie Cobert and the deacon convener of Dumfries were present and ready to depone. Remitted to a committee to meet and take their statements.

  7. Warrant for transporting Janet Stewart from Clackmannan to the correction house of Edinburgh.

  8. Petition from William Watt indweller in the Canongate. PC allows him the right of erecting and using an ‘Engine of a wheel’ which around 8 people would be put to for recreation and health.

  9. Bill of suspension David Craigie younger of Gairsie. Nisbet of Carphin to see and answer this the next council day.

21

undated

Printed ‘Supplication of William Watt Indweller in Cannongate’. PC decision from 11 July recorded overleaf and signed by Montrose.

22

11/7/1706

Note of business 11 July.5

  1. Libel reconvention Lt Col Erskine against the laird of Ochiltree and others

  2. Libel the agent of the Kirk against intruders at Leith

  3. Petition William Watt indweller in Canongate

  4. Petition for George and Lachlan Rattray

  5. Petition for Patrick Corser merchant in Dundee

  6. Bill of suspension Craigie of Gairsie younger against Nisbet of Carphine

23

11/7/1706

Robert Forbes acquaints the board that the witnesses in the case between bailie Corbet and the deacon convener of Dumfries were available for deposition. Signed by Montrose.

24

11/7/1706

Committee for examining bailie Corbet’s witnesses. Signed by Montrose.

25

11/7/1706

Warrant for transporting Janet Stewart (‘a nottorius thieff’) from the tolbooth of Clackmannan to the correction house of Edinburgh. Signed by Montrose.

26

11/7/1706

Warrant for transporting Margaret Brown and others from the tolbooth of Jedburgh to the Edinburgh correction house. Signed by Montrose.

27

11/7/1706

Memorial for Captain Gordon. PC decision signed by Montrose at the bottom.

28

11/7/1706

Issue remitted to the high court of admiralty – a French ship taken and an Irish ship retaken by Captain Campbell.

29

11/7/1706

Order for transporting French prisoners from Greenock to Glasgow.

30

11/7/1706

Report of the committee anent the Rattrays tried at Inverness for charms. Committee proceedings signed by Goodtrees and Montrose.

31

12-16/7/1706

Committee for examining the witnesses in the reconvention Lt Col Erskine against Cochrane of Ochiltree and others. 11 pages of witness statements on three different days.

Sederunt, 12 July: Earl of Northesk, Lord Rankeillor, Earl of Cromarty came in after. Rankeillor praeses.

Sederunt 13 July: Earl of Forfar and Lord Haddo.

Sederunt 16 July: Earl of Northesk and Earl of Cromarty.

32

12/7/1706

Depositions of witnesses from the ‘Committee for examining the witnesses adduced for Baillie Corbett & others against the deacon Conveener of Drumfries & others’.

Sederunt: Earl of Buchan and Earl of Cromarty.

33

undated

‘Interrogators for John Irvin Deacon Conveener and others against Baillie Corbet and others’. Signed by Gilbert Elliot.

34

undated

Printed ‘Short Remarks on The gross Misrepresentations advanced by Baillie Corbet, in his Information to the Lords of Council Against The Deacon Conveener of Dumfries’.

35

undated

Roll of parties and witnesses The Deacon Conveener of Dumfries against Baillie Corbat and others.

36

undated

Printed ‘Petition of Robert Corbet, late Baillie in Dumfries, Against John Irvine Conveener’.

37

undated

Roll of parties and witnesses Baillie Corbet & Cornet Dunbar against Irvine and others.

38

undated

Printed ‘Petition of Robert Corbet, late Baillie in Dumfries, Against John Irvine Conveener’. (Same as above)

39

undated

Interrogators for the witnesses adduced by bailie Corbet against John Irving and others

40

undated

Interrogators for the witnesses adduced by bailie Corbet against John Irving and others

41

undated

Printed ‘An Exact Double of the Act of Town Council of Dumfries, approving of Bailie Corbet’s Management, in securing the Person of Henry Alexander’

42

undated

Printed ‘Information for John Irving Deacon Conveener, Robert Newall, and others of the Trades of Dumfries’.

43

undated

Printed ‘Coppy of the Depositions of the Witnesses, Adduced by John Corbet Bailie of Drumfrice and others’

44

undated

Printed ‘Information for Cornet Dunbar, and John Corbet Bailie in Dumfries, Against John Irvine Deacon-Conveener , and many other of the Deacons and Trades of that Burgh.’

45

14/7/1706

Depositions of witnesses in the second libel at the instance of Craik of Arbigland against John Murray – committee proceedings.

Sederunt of committee: Earl of Buchan, Lord Tillicoultry and Lord Minto. Buchan elected praeses.

46

16/7/1706

Sederunt and minutes of council 16 July at the council chamber.

Sederunt: Marquis of Montrose (P), Earl of Buchan, Earl of Northesk, Earl of Forfar, Earl of Dunmore, Earl of Cromarty, Lord Haddo, Lord Torpichen, Lord Elibank, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Minto, Laird of Cavers Douglas.

  1. Archibald Douglas of Cavers Douglas qualified himself as a privy councillor.

  2. Letter from the queen adjourning parliament until 29 August.

  3. Proclamation for adjourning parliament read and ordered to be printed.

  4. Libel Thomas Ross tenant and officer to John Glass of Sauchie and others against David Finlaysone and others. Libel admitted to probation and a committee is named to meet the next day at 10 am and report back.

  5. Petition of Archibald Viscount Kingston. Remitted to a committee which was to meet the following day at 10am.

  6. Interlocutor upon the petition by the magistrates of Glasgow.

  7. PC orders the commander in chief to command a troop of soldiers to go onto the ship the Dumbarton Castle at Greenock.

  8. Petition of John Irving deacon convenor at Dumfries. To be seen and answered by bailie Corbet the next council day.

  9. Petition by James Buchanan wright burgess in Edinburgh and William Roger a merchant there. PC allows them the right for ‘using and exposing the vaulting Chair and swinging robe for devertisments’.

  10. Bill of suspension David Craigie of Gairsie with answers from Nisbet of Carphin.

  11. Order for executing the sentence of death against George and Lachlan Rattray.

PC adjourned until next Thursday at 4pm.

47

16/7/1706

Bill of suspension Craigie of Gairsie against Nisbett of Carphin.

48

16-18/7/1706

Printed ‘Petition of John Irvine present Conveener of the Trades of Dumfries and others’. Signed council decisions from 16 and 18 July both signed by Montrose overleaf.

49

16/7/1706

Order for putting some forces on board the ship the Dumbarton Castle

50

16/7/1706

Act in favour of James Buchanan and William Rodger

51

undated

Printed ‘Petition of James Buchanan Wright Burges of Edinburgh, and William Roger Merchant there, with Concourse of William Mclean Master of Ravells, for his Interest.’ PC decision signed by Montrose recorded overleaf.

52

16/7/1706

Printed representation from Archibald Viscount Kingston. PC decision signed by Montrose recorded overleaf.

53

16/7/1706

Printed petition from the town of Glasgow. PC decision signed by Montrose overleaf.

54

16/7/1706

Note of business 16 July

  1. Libel Thomas Ross and others against Finlaysone and others

  2. Libel agent for the Kirk against Millar and Adamsone

  3. Petition for the Viscount Kingston

  4. Petition for John Irvine deacon convener of Dumfries

  5. Petition for James Buchanan wright in Edinburgh

  6. Petition for Patrick Corser

55

16/7/1706

Approbation of the committee report and sentence of death pronounced against George and Lachlan Rattray in Inverness. Signed by Montrose, Buchan, Northesk, Forfar, Torpichen, Elibank, Goodtrees, Gilbert Elliot, Cavers Douglas(?)

56

16/7/1706

Scroll Act approving of the proceedings of the commissioners appointed for trying George and Lachlan Rattray

57

17/7/1706

Committee for examining the witnesses in the libel between Thomas Ross and others against David Finlaysone and others.

Sederunt: Earl of Buchan, Lord Torpichen, and the following came in after; Earl of Northesk, Lord Haddo. Buchan elected praeses.

58

18/7/1706

Sederunt and minutes of council 18 July at the council chamber.

Sederunt: Marquis of Montrose (P), Earl of Buchan, Earl of Lauderdale, Earl of Northesk, Earl of Forfar, Earl of Dunmore, Earl of Cromarty, Lord Haddo, Lord Torpichen, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Tillicoultry, Lord Minto, Laird of Cavers Douglas.

  1. Libel at the instance of Thomas Ross against David Finlaysone and others. PC finds the libel relevant and proven against the defenders. Fines to be paid to the pursuers and the defenders to be transported to the Edinburgh tolbooth.

  2. PC says it will decide on the mutual process between Cochrane of Ochiltree and Lt Col Erskine in 8 days’ time peremptory.

  3. Petition from John Irving and counter petition. Decision to be made on 30 July.

59

18/7/1706

Instrument the magistrates of Glasgow against Captain Campbell.

60

18/7/1706

Note of business 18 July.

  1. Process to be advised Thomas Ross against Finlayson

  2. Process the laird of Ochiltree against Lt Col Erskine

  3. Petition for the deacon convener of Dumfries

  4. Petition from bailie Corbet

  5. Petition for Patrick Corser

  6. Petition for John Blair agent for the Kirk

  7. Petition from poor Bessie Muckieson

  8. Bill of suspension David Craigie younger of Gairsie

61

18/7/1706

Warrant for advising Ochiltree’s process against Lt Col Erskine next Thursday.

62

18/7/1706

Interlocutor in the process Thomas Ross against Finlaysone and others.

63

18/7/1706

Printed ‘Answers For David Finlayson Merchant in Stirling, William Cuninghame Messenger there, and Francis Paton nottar: To The Complaint raised at the instance of Thomas Ross Officer to John Glass of Sauchy, John Miller and Duncan Makfarline his Tennents, against them’

64

18/7/1706

Scroll decreet Thomas Ross and others against David Finlayson and others.

65

undated

Printed ‘Information for Thomas Ross &c. Tenent to Sauchie Against Finlayson, Cunningham, and Patton’. PC decision signed by Glasgow on 20 July on reverse.

66

undated

‘Interrogators for the witnesses adduced for Sauchies Tennents in the process pursued against David Findlasone’

67

undated

List of the parties and witnesses Thomas Ross against Finlayson

68

undated

Printed ‘Information For David Finlayson Merchant in Stirling, William Cunninghame Messenger there, and Francis Paton Nottar, Against Thomas Ross Officer to John Glass of Sauchie, John Miller and Duncan Mcfarland his Tenents’.

69

20/7/1706

‘Double Advocatione Meldrum queras Reid & Gordon’

70

22/7/1706

Execution against bailie Molysone

71

22/7/1706

Execution against bailie Francis Molyson in Brechin

72

22/7/1706

Execution against bailie Molysone

73

22/7/1706

Execution James Erskine against James Spence, bailie of Brechin

74

22/7/1706

Execution of letters of reconvention Mary Gordon, Lady Gight against William Forbes of Tolquhon.

1-27 June 1706 [103 items]

1

1/6/1706

Execution of letters raised at the instance of Margaret Culler Lady Barnhowry and others against Adam Craik of Arbigland and others

2

3/6/1706

Instrument John Irving convener against Provost Irving and bailie Robert Corbet

3

3/6/1706

Declaration from John Irving to bailie John Corbet and others stating that the defenders did not have to attend the privy council

4

4/6/1706

Sederunt and minutes of council 4 June at the council chamber.

Sederunt: Earl of Buchan, Earl of Findlater, Earl of Forfar, Earl of Cromarty, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Tillicoultry, Lord Pollock, Lord Minto, Lord Ormistoun younger.

  1. Buchan elected praeses.

  2. Rankeillor and Tillicoultry qualify themselves as privy councillors in the usual manner.

  3. Libel Sir James Dallas of St Martins against Patrick Ogilvie and others. Defenders to submit answers to the libel before the next Thursday and in the meantime allows them to raise a reconvention and cite witnesses.

  4. Principal libel at the instance of Adam Craik of Arbigland and others against John Murray younger brother of Barnhowry and the libel of reconvention called. Both parties compeared and both libels admitted to probation. Committee named to meet the next day at 10am and examine witnesses and report back to full council. Second diligence against absent witnesses.

  5. Libel reconvention at the instance of John Irving deacon convener at Dumfries. Admitted to probation.

  6. Commission naming JPs in the shire of Banff read, voted, approved, and signed. Ordered to be recorded.

  7. Anstruther and Rankeillor ro prepare and bring into the council the next meeting a list of the JPs in Fife.

  8. Petition from Patrick Lord Kinnaird and Elizabeth late Countess of Aboyne (now Lady Kinnaird). Warrant granted to the macers to cite the Earl of Aboyne and his tutor to compear. Aliment to be provided for their children.

  9. Petition from James Mercer of Clavadge. David Drummond of Innermay to see and answer the petition before 13 June.

  10. Robert Forbes (PC clerk) acquaints the board with a letter he had receivd from several skippers and masters of ships at Danzig to apply for a warrant for Captain Gordon and Captain Hamilton (commanders of two Scots frigates) to go to Gothenberg some time in June to convoy home 25-30 Scottish ships. Goodtrees was to prepare and bring into the council for the next meeting a letter to be sent to the secretaries of state and passed on to the queen for an order to have two English frigates accompany them.

PC adjourned until Thursday at 4pm.

5

4/6/1706

Note of business 4 June.6

  1. Libel Adam Craik of Arbigland against John Murray and reconvention e contra

  2. Libel Dallas of St Martins against Mr Patrick Ogilvie

  3. Libel the magistrates of Perth against Mr Harry Murray and reconvention e contra

  4. Libel reconvention John Irving deacon convener of Dumfries against bailie Corbet and others

  5. Commission naming JPs in the shire of Banff

  6. Petition the lord and lady Kinnaird

  7. Petition James Mercer or Clavadge

6

4/6/1706

Petition the Lord and Lady Kinnaird. PC decision signed by Buchan recorded overleaf.

7

4/6/1706

Recommendation to the lord advocate to prepare a letter to the secretaries of state for two English frigates to go to Gothenberg and convoy home Scottish ships there.

8

4/6/1706

Commission naming JPs in Banffshire. Signed by Ormistoun younger, Buchan, Findlater, Forfar, Cromarty, Goodtrees, Anstruther, Rankeillor, Pollock, and Minto.

9

4/6/1706

Printed petition of James Mercer of Clavadge. Council decision signed by Buchan (4 June) and one unsigned (23 July) recorded overleaf.

10

4/6/1706

Committee for naming JPs in Fife – Anstruther and Rankeillor. Signed by Buchan.

11

4/6/1706

Caption John Irvine and others against witnesses.

12

5/6/1706

Execution of letters raised at the instance of Adam Craik of Arbigland against Margaret Cutler.

13

5/6/1706

Letters Craik of Arbigland against Murray and others.

14

5-6/6/1706

Execution of letters at the instance of Craik of Arbigland.

15

5/6/1706

Committee for examining the witnesses in the mutual process Adam Craik of Abigland and others against John Murray brother of Barnhowry and others. Consists of 6 pages.

Sederunt: Earl of Buchan and Lord Tillicoultry.

16

6/6/1706

Sederunt and minutes of council 6 June at the council chamber.

Sederunt: Earl of Buchan, Earl of Lauderdale, Earl of Findlater, Earl of Forfar, Earl of Dunmore, Earl of Hyndford, Earl of Cromarty, Earl of Hopetoun, Viscount Primrose, Lord Torpichen, Lord Elibank, Lord Register, Lord Advocate, Lord Anstruther, Lord Arnieston, Lord Rankeillor, Lord Pollock, Lord Tillicoultry, Lord Minto, Sir Robert Sinclair, Laird of Ormistoun younger.

  1. Buchan elected praeses.

  2. Petition from John Blair agent for the Kirk. PC recommends to Goodtrees to proceed against Mr James Hunter in a libel for his intrusion into the parish of St Ninians.

  3. Petition from John Calderwood merchant. Appointed to be seen and answered the next council day.

  4. Goodtrees ordered to prepare a proclamation for a national thanksgiving on 2 July and bring this into the PC the following day. This was to celebrate the victories over the French.

  5. Letter from the council to the earl of Loudoun for the convoy back to Scotland of Scottish ships currently in the Baltic. Read, approved and ordered to be transmitted to court by Buchan.

  6. Libel the agent of the Kirk against Mr John Skinner preacher at Brechin and others. Both parties compeared with their lawyers and a committee is named to hear witnesses and answers to the libel and to report back.

  7. Robert Forbes presented the witnesses in the libel of reconvention at the instance of John Irvine deacon convener of Dumfries. Committee named to take their statements the next day at 10am.

17

6/6/1706

Recommendation to Goodtrees to prepare a proclamation for a national thanksgiving

18

6/6/1706

Petition from John Blair agent of the Kirk. PC decision (recommending that Goodtrees raise a libel against Mr James Hunter) recorded and signed by Buchan overleaf.7

19

6/6/1706

Letter from the council to Loudoun (secretary of state) regarding the convoy of ships from the Baltic.

20

6/6/1706

Petition for John Calderwood. PC decisions on 6 June (signed by Buchan) and 23 July (signed by Montrose) recorded overleaf.

21

6/6/1706

Note of business 6 June.8

  1. Libel the agant for the Kirk against Mr John Skinner

  2. Libel the agent for the Kirk against Goldman and Narie

  3. Libel the agent for the Kirk against Muir and Craig

  4. Petition the agent for the Kirk

  5. Petition John Calderwood

22

7/6/1706

Committee for examining the witnesses in the reconvention John Irvine deacon convener of Dumfries against bailie Corbet and others. 4 pages.

Sederunt: Earl of Buchan, Lord Pollock, Lord Tillicoultry, Lord Minto. Minto elected praeses.

23

10, 11, 14, 17/6/1706

Execution of caption raised at the instance of John Irvine deacon convener of Dumfries.

24

10/7/1706

Execution of letters raised at the instance of the Lord and Lady Kinnaird.

25

10, 11, 14/6/1706

Declaration from the witnesses in the libel case at the instance of John Irvine against bailie Corbet.

26

undated

‘Disclamation The Magistrats of Dumfries of Bailie Corbets proceidings’

27

7/6/1706

Committee for examining the lady Barnhowry and her daughter’s witnesses. 2 pages.

Sederunt: Earl of Buchan, Lord Tillicoultry.

28

8/6/1706

Sedeunt and minutes of council 8 June at the council chamber.

Sederunt: Earl of Buchan, Lord Register, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Tillicoultry, Lord Minto, Laird of Ormistoun younger.

  1. Buchan elected praeses.

  2. Proclamation for a solemn national thanksgiving to be observed on 9 July. Read, approved and signed and to be recorded, printed and published.

29

11/6/1706

Sederunt and minutes of council 11 June at the council chamber.

Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Findlater, Earl of Balcarres, Earl of Forfar, Earl of Dunmore, Earl of Ruglen, Earl of Cromarty, Viscount Primrose, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Pollock, Lord Tillicoultry, Lord Minto.

  1. Libel Adam Craik of Arbigland against John Murray brother of Barnhowry. Both parties compeared. Libel admitted to probation, committee appointed to examine the witnesses and meet at 10am the next day.

  2. Robet Forbes (PC clerk) represented to the board that the witnesses in the process between the agent of the Kirk and Mr John Skinner were ready for deposition and had made faith at the bar. Remitted to a committee to examine them.

  3. Libel the agent of the Kirk against Mr Alexander Muir probationer and Mr Alexander Craig sometime minister in Shetland. Pursuer compeared but neither of the defenders did so. PC grants certification against the defenders and orders letters of denunciation to be directed to them.

  4. Petition from John Corbett bailie in Dumfries. PC renews the caption formerly granted to the petitioner against the witnesses.

  5. PC considered the objections made by against some of the witnesses in the process raised against him. PC sustained the objections.

Adjourned until the next Thursday.

30

11/7/1706

Letters John Blair agent for the Kirk against Muir and Craig. PC decision to send letters of denunciation their way recorded and singed by Montrose overleaf.

31

undated

Objections against John Murray’s witnesses with answers thereto.

32

11/6/1706

Interlocutor upon the libel Adam Criak of Arbigland against John Murray.

33

11/6/1706

Printed petition of John Corbet bailie of Dumfries. PC decision signed by Montrose overleaf.

34

11/6/1706

Note of business 11 June.9

  1. Libel Adam Craik of Arbigland against John Murray.

  2. Libel agent for the Kirk against Muir and Craig.

  3. Libel agent for the Kirk against Mr Thomas Craven.

35

13/6/1706

Sederunt and minutes of council 13 June at the council chamber.

Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Glencairn, Earl of Balcarres, Earl of Forfar, Earl of Dunmore, Earl of Ruglen, Earl of Cromarty, Lord Haddo, Lord Elibank, Lord Register, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Minto.

  1. Recommendation to Montrose to have a party of soldiers sent to Roxburgh to suppress vagabonds there.

  2. Libel agent for the Kirk against Thomas Creavie, Robert Calder and others. PC let the libel fall.10

  3. Libel at the instance of Archibald Nisbet of Carphin against David Craigie of Gairsie. Libel found relevant and proven. The defender was to remove himself from the lands and hand over the tacks to Nisbet along with promising not to hinder his ownership of the lands in the future. Also had to pay him £700 Scots.

36

13-14/6/1706

Committee for examining the witnesses in the process the agent for the Kirk against Mr John Skinner. 3 pages.

13 June sederunt: Earl of Buchan, Earl of Dunmore, Lord Arniston, Lord Ansruther, Lord Minto. Buchan elected praeses.

14 June sederunt: Earl of Buchan, Lord Rankeillor, Lord Arnieston. Rankeillor elected praeses.

37

13/6/1706

Scroll decreet Nisbet of Carphin against Craigie younger of Gairsie.

38

undated

Printed petition of Archibald Nisbet of Carphin.

39

undated

Printed petition of David Craigie younger of Gairsie

40

undated

Petition of David Craigie of Gairsie and the tenants of Woodwick.

41

undated

Answers for David Craigie of younger of Gairsie and his tenants of Woodwick.

42

undated

Roll of witnesses and parties Arhcibald Nisbet of Carphin against David Craigie younger of Gairsie.

43

undted

Printed ‘Answers for Archibald Nisbet of Carphin To the Petition of David Craigie Younger of Gairsie’.

44

undated

Printed ‘Answers For Mr John Skinner Minister of the Gospel at Brechin To The Council-Libel raised against him, at the instance of John Blair Agent for the Kirk, with concourse of Her Majesty’s Advocate.’

45

undated

‘Articles to be proven by the Agent for the Kirk In his process Againtst Mr John Skinner’.

46

undated

Representation for John Blair against John Skinner intruder at Brechin

47

13/6/1706

Note of business 13 June.11

  1. Libel the agent for the Kirk against Mr Thomas Craven

  2. Libel Nisbet of Carphin against Craigie of Gairsie

48

13/6/1706

Recommendation to Montrose to send some forces to Hawick to suppress sorners and vagabonds in Roxburghshire

49

17/6/1706

Execution of letters raised at the instance of Lord and Lady Kinnaird against the earl of Aboyne and his tutor.

50

17/6/1706

Instrument James Wilson and others against John Murray and others

51

14/6/1706

Sederunt and minutes of council 14 June at the council chamber.

Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Ruglen, Lord Register, Lord Arnieston, Lord Anstrtuther, Lord Rankeillor, Lord Pollock, Lord Tillicoultry, Lord Minto.

  1. Letter from the queen adjourning parliament until 25 July. Read, signed, ordered to be recorded, printed and published.

  2. PC renews the warrant on Sir Alexander Bruce of Broomhall’s petition ‘ut in scriptis’.12

52

18/6/1706

Sederunt and minutes of council 18 June at the council chamber.

Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Forfar, Earl of Dunmore, Earl of Ruglen, Earl of Cromarty, Lord Haddo, Lord Advocate, Lord Arnieston, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Tillicoultry, Lord Minto.

  1. Elizabeth Hunter’s sentence of death commuted to banishment.

  2. PC proceeded to advise on the processes between Adam Craik of Arbigland and John Murray brother of Barnhowry. PC found it proven that Murray had ‘violently interrupted & disturbed’ Arbigland ‘in the peaceable possessione of the lands in Barnhaurie’. Murray was to find caution in the books of privy council and to pay Craik 1,000 merks. He was to be imprisoned in the Edinburgh tolbooth until this was carried out and the other defenders and parties in the mutual process were assoilzied.

  3. Instructions to the commander of the parties sent to Teviotdale.

  4. Petition James Stewart read and refused.

  5. Petition John McCarane read and refused.

Adjourned till next Thursday at 4pm.

53

undated

Petition for John Murray

54

undated

Interrogators for Lady Barnhowry’s and her daughter’s witnesses against Arbigland and his servants.

55

undated

Interrogators for Arbigland’s witnesses.

56

undated

Interrogators for Lady Barnhowry’s and her daughter’s witnesses against Arbigland and his servants.

57

undated

Printed ‘Answers for Adam Craik of Arbigland To The Lybel Raised against him at the instance of Margaret Cutler Lady Barnhourie, her Daughters and Servant.’

58

undated

Printed petition of John Murray merchant in Dumfreis and Charles Carsan in Laggan

59

undated

Printed answers for Lady Barnhourie and her her son and daughters to the complaint made by Craik of Arbigland.

60

undated

Printed ‘Information And Representation For Adam Craik of Arbigland and others, Against John Murray and others.’

61

undated

Prined answers for John Murray and others to the complaint raised against him by Craik of Arbigland and others.

62

undated

Representation for Adam Craik of Arbigland

63

undated

Roll of parties and witnesses Adam Craik of Arbigland against John Murray and others.

64

Roll of parties and witnesses Lady Barnhourie against Adam Craik of Arbigland and others.

65

undated

List of the parties and witnesses Craik of Arbigland against Murray and others.

66

18/6/1706

Interlocutor in the process Adam Craik of Arbigland against John Murray and others.

67

18/6/1706

Warrant from the PC to send forces to Hawick to suppress sorners and vagabonds.

68

18/6/1706

Execution of letters at the instance of Lady Kinnaird against the Earl of Aboyne and his tutor/uncle.

69

18/6/1706

Petition from John McLarane ‘a prest man prisoner in the Canongate Tollbooth’

70

18/6/1706

Petition of James Steuart, a pressed man who was also imprisoned in the Canongate tolbooth.

71

18/6/1706

Note of business 18 June.13

  1. Petition for Adam Craik of Arbigland

  2. Two petitions for John Murray

  3. Petition for the Lady Barnhourie

  4. Petition for John Hamptoune

  5. Petition for James Stewart

  6. Petition for John McLarane

72

18/6/1706

Scroll decreet Laird of Arbigland against John Murray and others

73

Commutation of Elizabeth Hunter’s sentence of death to banishment. Signed by Montrose, Buchan, Forfar, James Murray, Anstruther, Rankeillor, Pollock, Minto, Goodtrees, Robert Stewart.

74

18/6/1706

Petition for Elizabeth Hunter.

75

20/6/1706

Sederunt and minutes of council 20 June at the council chamber.

  1. Second diligence the deacon convener of Dumfries against witnesses called, with some witnesses present. Remitted to a committee to examine them.

  2. Petition from Robert Craig of Riccarton. He and his mother were to be ready to debate the petition on the next council day.

  3. Petition from the friends and relatives of the family of Seaforth. Remitted to a committee to see to it the next day at 2pm.

  4. Goodtrees represents to the council that several sorners and vagabonds had been seized by the sheriff of Teviotdale. Goodtrees was to transmit to the sheriff a warrant of how they could be proceeded against.

  5. Petition from some of the witnesses for Murray against Arbigland concerning their expenses. Murray’s agent was to see to this the next council day.

  6. Petition from John Hampton, John Reid and their factor. The agent for the Kirk was appointed to see and answer it.

Adjourned until next Tuesday at 4pm.

76

20/6/1706

Petition of John Hampton baxter burgess in Brechin, John Reid weaver, and Patrick Herdman, writer in Edinburgh their factor. The former two had been called to Edinburgh as witnesses in the process between John Blair and Mr John Skinner. They had been interrogated by the committee but they had refused to pay them their due expenses so they petitioned the PC. The council appointed Blair to see and answer the petition – decision recorded overleaf and signed by Montrose.

77

20/6/1706

Petition of the friends and relatives of the earl of Seaforth. PC decisions signed by Montrose from 20 and 25 June overleaf.

78

20/6/1706

Recommendation to the lord advocate to write to the sheriff of Teviotdale.

79

20/6/1706

Petition for Robert Craig of Riccarton. PC decision signed by Montrose on next page.

80

20-27/6/1706

Petition for Adam Dicksone and others who were cited by the Lady Barnhourie and others in the libel of reconvention. PC decisions from 20 and 27 June signed by Montrose recorded overleaf.

81

20/6/1706

Note of business 20 June.14

  1. Second diligence deacon convener of Dumfries against witnesses.

  2. Petition for Robert Craig of Riccarton.

  3. Petition for the friends and family of Seaforth

  4. Petition for Adam Canstoun and others

  5. Petition for John Hampton and others.

82

24/6/1706

Committee for examining witnesses in the reconvention John Irving deacon convener of Dumfries against bailie Corbet and others.15

Sederunt: Earl of Buchan and Lord Minto.

83

undated

List of witnesses for the deacon convener of Dumfries by virtue of his second diligence.

84

25/6/1706

Note of business 25 June.16

  1. Petition John Calderwood merchant in Stewarton and answers for the earl of Glasgow.

85

25/6/1706

Sederunt and minutes of council 25 June at the council chamber.

Sederunt: Marquis of Montrose, Earl of Glencairn, Earl of Lauderdale, Earl of Findlater, Earl of Forfar, Lord Haddo, Lord Register, Lord Advocate, Lord Pollock, Lord Minto.

  1. Petition of John Calderwood with answers from the earl of Glasgow. Since the action on the point of right was laid before the Lords of Session and was awaiting decision the PC delayed the petition.

  2. PC recommended to the former committee named to deal with the sentence of death against George and Lachlan Rattray to meet the next day at 3pm and added several people to the committee.

  3. Committee named to deal with the petition of the friends and relatives of Seaforth to meet the next day at 4pm at the lord advocate’s lodging and to report.

86

25/6/1706

Recommendation to the committee named to deail with the Rattrays to meet the next day at 3pm. Signed by Montrose.

87

undated

Printed petition of the earl of Glasgow.

88

25/6/1706

Petition of John Calderwood merchant in Stewarton.

89

26/6/1706

Execution of letters at the instance of Archibald Nisbet of Carphin against David Craigie younger of Gairsie.

90

26/6/1706

Committee for dealing with the petition from the friends and relatives of the earl of Seaforth ‘anent his homecoming’.

91

4/7/1706

Execution of letters William Cochrane of Ochiltree against Lt Col John Erskine.

92

4/7/1706

Execution of letters Cochrane of Ochiltree against witnesses.

93

27/6/1706

Execution of letters William Cochrane of Ochiltree against Lt Col John Erskine.

94

28/6/1706

Execution against parties and witnesses the laird of Ochiltree against Lt Col Erskine.

95

28/6/1706

Execution against parties and witnesses Ochiltree against Erskine.

96

27/6/1706

Sederunt and minutes of council 27 June at the council chamber.

Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Forfar, Earl of Cromarty, Lord Haddo, Lord Register, Lord Advocate, Lord Anstruther, Lord Rankeillor, Lord Pollock, Lord Minto.

  1. Libel at the instance of lady and lord Kinnaird against the earl of Aboyne and George Gordon his uncle. The earl is forced to pay aliment to his brother and sisters.

  2. Considering the report of the committee anent Seaforth, the PC allows the Countess of Seaforth to apply to the lords of session to have the factor of the Seaforth estates changed so that she could control it herself.

  3. Commission naming JPs in Fife. Read, voted, approved, signed and ordered to be recorded.

  4. Petition from Adam Canstain of Millnhill and others. Lady Barnhourie was to make payment to the petitioners for their expenses in attending the process between her and Craik of Arbigland.

97

27/6/1706

Note of business 27 June.17

  1. Libel the lord and lady Kinnaird against the earl of Aboyne and his tutor.

  2. Commission naming JPs in Fife.

  3. Representation for Adam Constoun and others, witnesses.

98

27/6/1706

Scroll decreet the Lady Kinnaird and her husband against the earl of Aboyne and his tutor.

99

undated

List of potential JPs in Fife, named by a Mr Wallwood.

100

27/6/1706

Commission naming JPs in Fife. Signed by Montrose, Buchan, Forfar, Cromarty, Haddo, Anstruther, Rankeillor, Goodtrees, Pollock, Minto.

101

undated

List of JPs in the Presbyteries of Coupar and St Andrews.

102

undated

Printed memorial for Lady Kinnaird and her husband against the earl of Aboyne and his tutor

103

27/6/1706

Letters the Lady Kinnaird and her husband against the earl of Aboyne and his tutor.18

2-29 May 1706 [21 items]

1

undated

Scroll or list of the people supposed to compear before the council cited by Mungo Buchanan in the council letters raised at the instance of Archibald Nisbet of Carphin on 8 March.

2

2-3/5/1706

Execution of council letters at the instance of Archibald Nisbet of Carphin against David Craigie younger of Gairsie.

3

2-3/5/1706

Execution of letters Archibald Nisbet of Carphin against David Craigie younger of Gairsie.

4

2-7/5/1706

Protest Robert Corbet late bailie of Dumfries against John Irving

5

3/5/1706

Deposition of Robert Herries by a committee.

Sederunt: Earl of Buchan and Earl of Forfar.

6

7/5/1706

Sederunt and minuts of council 7 May at the council chamber.

Sederunt: Earl of Crawford, Earl of Buchan, Earl of Findlater, Earl of Forfar, Viscount Primrose, Lord Elibank, Lord Advocate, Lord Arniston, Sir Robert Forbes.

  1. Crawford elected praeses.

  2. Letter from the queen adjourning parliament until 20 June. Read and ordered to be recorded.

  3. Proclamation for adjourning parliament. Read, voted, approved, ordered to be recorded, printed and published.

  4. Petition from the commissioners of supply in Banffshire asking for JPs to be named with a list of potential officials. PC clerks were ordered to prepare a commission and bring it in to the next council day.

  5. Petition for Donald McConachie read and orderd to be laid aside.

  6. Petition from John Calderwood merchant in Stewarton and a letter from another parishioner asking to use vacant stipends to repair the Kirk and manse there. 300 merks is allowed for this plus another 300 for repairing a bridge in the parish.

  7. Goodtrees acquaints the board that Mr John Law had to go to France since many of his effects were there and were in danger but that he could not go without the express permission of the privy council. The PC grants his free passage to go to Paris or any other city in France.

  8. Goodtrees to prepare a proclamation against ‘undue pressing of men’ and for preventing common abuses of this and to bring it into the council for the next meeting.

Adjourned until the first Tuesday of June.

7

7/5/1706

Pass in favour of Mr John Law. Signed by Crawford.

8

7/5/1706

Recommendation to the lord advocate for drawing up a proclamation against undue pressing of men. Signed by Crawford.

9

7/5/1706

Petition from the commissioners of supply in Banffshire asking for JPs to be named. Council decision signed by Crawford overleaf.

10

7/5/1706

Note of business 7 May.19

  1. Petition for John Calderwood.

  2. Petition for Donald McConachie

  3. Petition the commissioners of supply in Banffshire

  4. Proclamation adjourning parliament.

11

undated

Petition of Donald Mackonnachy.

12

10, 11, 18/5/1706

Execution Craik against witnesses.

13

undated

Warrant the stewart of Kirkcudbrightshire to John Hawkins

14

16/5/1706

Execution of deforcement by John Hawkins

15

18/5/1706

Execution of letters Archibald Nisbet of Carphin against David Craigie younger of Gairsie.

16

24/5/1706

Letters the Lady Barnhourie against Craik of Arbigland.

17

25/5/1706

Act of the town council of Kirkcudbright

18

27/5/1706

Executions the Lady Barnhourie and others against parties and witnesses

19

27/5/1706

Execution of letters at the instance John Blair against Mr John Skinner and witnesses.

20

29/5/1706

Declaration by the minister of Southwick and Colvend declaring that Katharine and Elizabeth Murray were unable to attend the council in Barnhourie’s case due to pregnancy and illness.

21

28/5/1706

Execution John Blair against the minister at Fetterosso (William Strachan), the minister at Kinneill (Thomas Frazer) and others and witnesses.

3-29 April 1706 [14 items]

1

3/4/1706

Sederunt and minutes of council 3 April at the council chamber

Sederunt: Earl of Sutherland, Earl of Buchan, Earl of Lauderdale, Earl of Forfar, Earl of Dunmore, Earl of Ruglen, Lord Yester, Lord Elibank, Lord Advocate, Laird of Prestongrange, Lieutenant Colonel Erskine.

  1. Sutherland elected praeses.

  2. Commission under the great seal for the earl of Glasgow to represent her majesty at the next GA. Read and ordered to be recorded and Goodtrees received the commission on his knees in absence of Glasgow.

  3. Petition from Richard Randoll stationer in Newcastle and others with a counter petition from Anthony Spencely skinner in Newcastle. PC refused Randoll’s petition.

  4. Petition from the agent for the Kirk (John Blair) read and delayed.

  5. Petition Richard Bizzett prisoner in Edinburgh tolbooth. Read and granted.

  6. Petition from Elizabeth Hunter prisoner in the tolbooth of Edinburgh. She was reprieved until 3 June.

2

3/4/1706

Note of business 3 April.20

  1. Libel John Blair against Muir and Craig

  2. Petition William Bizzett

  3. Petition Elizabeth Hunter

  4. Petition John Blair agent for the kirk

  5. Petition for John Dick writer in Edinburgh

  6. Petition by way of answers for Anthony Spencely

  7. Petition for John Blair agent for the Kirk

3

3/4/1706

Latin commission for the earl of Glasgow to be her majesty’s commissioner to the General Assembly.

4

3/4/1706

Commutation of William Bissets sentence of banishment to the plantations to transportation to the Netherlands as a recruit.

5

3/4/1706

Petition for Antonia [sic] Spencely.

6

3/4/1706

Reprieve to Elizabeth Hunter from the last Wednesday of April to the third Tuesday of June.

7

3/4/1706

Petition for William Bissett.

8

3/4/1706

Petition of Richard Randell.

9

3/4/1706

Act in favour of William Bissett.

10

8/4/1706

Letters Craik of Arbigland against Murray and others.

11

3/4/1706

Petition for Elizabeth Hunter.

12

13/4/1706

Letter from merchants and skippers in Danzig directed to Sir Robert Forbes of Auchenhowe (PC clerk) regarding a convoy of ships going from Gothenburg to Scotland.

13

16/4/1706

Letters of reconvention Irvine and others against Corbet and others.

14

16/4/1706

Act of the General Assembly regarding a national fast and humiliation on 25 May. Signed by William Wishart, moderator of GA.

17 April 1706 [18 items]

1

17/4/1706

Sederunt and minutes of council 17 April at the council chamber.

Sederunt: Earl of Buchan, Earl of Lauderdale, Earl of Forfar, Earl of Glasgow, Viscount Primrose, Lord Polwarth, Lord Advocate, Lord Arniston, Sir Robert Sinclair, Laird of Prestongrange, Lieutenant Colonel Erskine.

  1. Glasgow elected praeses.

  2. Sir Robert Sinclair of Stevenson qualified himself as a privy councillor

  3. Letter from the queen for raising a regiment of foot to be commanded by Lord March the marquis of Lothian’s brother. Warrant to be granted.

  4. PC continue the diet of the libel at the instance of Viscount Primrose against Stalker and others until first council day in June.

  5. Act for shutting up the meeting house at Elgin.

  6. Act for shutting up the meeting house at Keith.

  7. Petition of Thomas Heggie mariner and a report of the committee named to deal with it. PC allows the 166 dollars from the voluntary collection in the presbytery of Kirkcaldy to be used for the payment of his ransom and that of the other people held as slaves in Algiers.

  8. Goodtrees represented to the board that Robert Herries who was called as a witness in the libel between John Irving deacon convener of Dumfries and bailie Corbet was available to be deponed now and was about to go into her majesty’s service. PC named a committee to take his statements.

  9. Goodtrees acquainted the board with the death of Lord Halcraig in whose custody had been Jean Wallace daughter. She had been moved to be sequestered in the custody of Mr John Scott minister and was to remain there.

  10. Proclamation appointing a solemn national fast. Read, approved, signed and ordered to be recorded.

2

17/4/1706

Note of business 17 April.21

  1. Libel Viscount of Primrose.

  2. Libel John Blair agent for the Kirk.

  3. Petition for John Blair agent for the Kirk.

  4. Petition for Thomas Heagie.

  5. Act anent Elgin.

  6. Act anent Keith.

3

17/4/1706

Act anent Keith shutting up the meeting house there and discouraging church irregularities and illegal preaching.

4

17/4/1706

Warrant for beating drums for levying a regiment to be commanded by Lord Mark Kerr.

5

17/4/1706

Act anent Elgin.

6

17/4/1706

Committee for taking the oath of Robert Herries.

7

17/4/1706

Warrant for continuing Mrs Jean Wallace’s custody after Halcraig’s death.

8

22/4/1706

Execution of libel of reconvention at the instance of John Irving deacon convener of Dumfries.22

9

23/4/1706

Extract of the acts of council regarding the process at bailie Corbet’s instance against John Irving deacon convener of Dumfries.

10

1/3/1704

‘Extract of the presbytries sentence against Mr Skinner’.

11

24/4/1706

Letters the agent for the Kirk against Skinner and others.

12

24/4/1706

Execution of libel of reconvention John Irving against bailie John Corbet.

13

24/4/1706

Execution against John Murray.

14

25/4/1706

Execution of the reconvention Irving against Corbet.

15

27/4/1706

Execution against Lady Barnhourie and others.

16

29/4/1706

‘Disclamation John Maxwell In favours of John Murray and others’

17

29/4/1706

Execution of libel of reconvention Irving against Corbet.

18

29/4/1706

Execution of letters raised at the instance of Archibald Nisbet of Carphin against William Craigie of Gairsie.

20 March 1706 [14 items]

1

20/3/1706

Sederunt and minutes of council 20 March at the council chamber.

Sederunt: Marquis of Montrose (P), Earl of Crawford, Earl of Buchan, Earl of Weemys, Earl of Forfar, Earl of Cromarty, Earl of Stair, Earl of Roseberry, Earl of Glasgow, Lord Yester, Viscount Primrose, Lord Polwarth, Lord Torpichen, Lord Elibank, Lord President of Session, Lord Register, Lord Advocate, Lord Justice Clerk, Lord Arniston, Lord Minto, Mr Francis Montgomery, Laird of Prestongrange, Laird of Ormistoun younger, Lieutenant Colonel Erskine, Lord Provost of Edinburgh.

  1. Crawford elected praeses.

  2. Commission for Marquis of Montrose to be the president of the privy council.

  3. Letter from the queen adding several people to the council: David earl of Weemys, James viscount of Primrose, Patrick Lord Polwarth, Lord Torpichen, Lord Elibank, Gilbert Elliot Lord Minto, William Morison of Prestongrange and Lt Col John Erskine deputy governor of Stirling Castle.

  4. Commission under the great seal for the earl of Weemys to be lord high admiral of Scotland.

  5. Act and proclamation against intruders into churches without a call and legal admission. When it came to a vote it was marked in the affirmative and a committee was named to prepare the proclamation; ordered to be recorded, printed and published.

  6. Warrant for setting the Ostend prisoners in Caithness at liberty.

  7. Act for a voluntary levy of seamen.

  8. Oath of allegiance and assurance sworn by Captain James Hamilton of the Royal Mary.

  9. Libel at the instance of John Blair against Mr John McMillan sometime minister at Balmaghie and others. Pursuers were present but the defenders were absent; council granted certification.

  10. Petition Mr Alexander Maitland of Pitreechie read and granted.

  11. Petition of Sir Alexander Bruce recommended to a committee.

  12. Petition from John and William Carruthers drovers refused.

  13. Viscount Primrose, Lord Polwarth, Lord Torpichen, Lord Elibank and Lord Minto added to the committee anent public occurrences.

2

20/3/1706

Note of business 20 March.23

  1. Libel the agent for the Kirk against Mr McMillan

  2. Commission to the Marquis of Montrose to be President of PC

  3. Commission under the great seal nominating several people to be commissioners for the union.

  4. Commission for the earl of Weemys to be lord high admiral.

3

20/3/1706

Latin ‘Double Commission for treating anent ane union’

4

20/3/1706

Warrant for printing the order regarding the levying of seamen.

5

20/3/1706

Warrant for setting the Ostend prisoners at liberty

6

undated

Printed petition of John and William Carruthers drovers.

7

20/3/1706

‘Delyverance upon John & William Carruthers against Patrick Crauford’

8

20/3/1706

Additions to the committee anent public occurrences

9

undated

Call of parties and witnesses in the case between the agent for the Kirk and John McMillan sometime minister of Balmaghie and others.

10

20/3/1706

Latin commission for the earl of Weemys to be Lord High Admiral in Scotland.

11

20/3/1706

Latin commission for the Marquis of Montrose to be president of the Privy Council.

12

20/3/1706

Petition of Alexander Maitland of Pitrichey and others.

13

20/3/1706

Act in favour of Sir Alexander Bruce.

14

20/3/1706

Petition of Sir Alexander Bruce.

21 March 1706 [3 items]

1

21/3/1706

Sederunt and minutes of council 21 March at the council chamber.

Sederunt: Marquis of Montrose (P), Earl of Leven, Earl of Dunmore, Earl of Stair, Earl of Glasgow, Lord Carmichael, Lord Elibank, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Minto, Mr Francis Montgomery, Laird of Ormistoun younger.

  1. Commission under the great seal for the earl of Leven to be commander-in-chief of her majesty’s Scottish forces.

  2. Oath of allegiance and assurance sworn by the earl of Leven.

  3. Oath of allegiance and assurance sworn by Lord Carmichael as a Colonel of a regiment of dragoons.

2

21/3/1706

Approbation of the procedure against George and Lachlan Rattray who had been tried by the commissioners for ‘witchcraft, Sorcery and charmeing’.

3

29/3/1706

Letter from some of the commissioners named by the privy council to meet in Stirling on 28 March for trying ‘Robbers, Theeves and other Criminals’ imprisoned there. Some had been unable to meet and so a new commission from the council is asked for naming different people.

12 March 1706 [19 items]

1

12/3/1706

Sederunt and minutes of council 12 March at the council chamber, called extraordinary.

Sederunt: Earl of Crawford, Earl of Sutherland, Earl of Buchan, Earl of Lauderdale, Earl of Leven, Earl of Dunmore, Earl of Cromarty, Earl of Stair, Earl of Roseberry, Earl of Glasgow, Earl of Hopetoun, Lord President of Session, Lord Register, Lord Advocate, Lord Justice Clerk, Lord Arnistoun, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Laird of Ormistoun, Lord Provost of Edinburgh.

  1. Letter from the queen regarding recruits to be levied for service in the Royal Navy. Goodtrees to prepare a proclamation.

  2. Forbes (PC clerk) acquainted the council with the fact that John Abercrombie, a suspected priest, had come in that day for questioning but was in some way indisposed as was confirmed by a physician. PC confined him to his lodgings and ordered him to find caution in the books of privy council.

  3. Commission to William Hay to be lieutenant of her majesty’s ship the Royal Mary.

  4. Commission to David Preshew to be lieutenant of the ship the Roayl William.

  5. Warrant appointing George Milne to be master of the Royal William.

  6. Warrant to Patrick Hay to be master of the Royal Mary.

  7. Warrant to all officers on Scots frigates to qualify themselves with the oath of allegiance and the assurance.

  8. Petition by Theodore Morison of Bognie asking to use vacant stipends for the building of a school, repairing the kirk, and building a bridge in the parish of Forgue. PC grants this upon the proviso that he finds sufficient caution to do so.

  9. Petition from Mr John Webster. PC orders Gideon Guthrie, intruder at Fetterosso, to remove himself from the parish kirk, manse and gleib. Sheriff and sheriff depute of Kincardine were to see to this.

  10. Petition from Patrick Corser read and the masters of the card manufactory in Leith were appointed to see and answer it.

  11. Petition from Mr Robert Monteith. Remitted to the treasury to pay him as they saw fit.

  12. Petition poor Francis Bell appointed to be seen and answered.

  13. Petition from John Blair. His bond delivered up with the note from his cautioner and he is declared ‘qyut therof and free in all time comeing’.

  14. Committee for public occurrences named for the ‘enewing vaccance’; 5 to be a quorum.

  15. PC conforms with an act of parliament and dispences from the commissioners of justiciary going on circuit courts for the year 1706.

  16. Recommendation to the earl of Leven to put men aboard the Royal William.

  17. Recommendation to the earl of Leven to put men aboard the Dumbarton Castle.

Adjourned until Tuesday 16 April.

2

12/3/1706

Note of business 7 March.24

  1. Commission to David Preshew to be lieutenant of the Royal William

  2. Commission to William Hay to be lieutenant of the Royal Mary

  3. Warrant for George Miln to be Master of the Royal William

  4. Warrant for Patrick Hay to be Master of the Royal Mary

  5. Petition for the laird of Brognie

  6. Petition for Mr John Webster,

  7. Petition for Patrick Carser.

  8. Petition Mr Robert Menteith

  9. Petition poor Francis Bell

  10. Petition John Blair.

3

12/3/1706

Act appointing Patrick Hay to be Master of the Royal Mary

4

12/3/1706

Committee of public occurrences named.

5

12/3/1706

Lords of justiciary dispensed from going on circuits that year.

6

12/3/1706

Act appointing George Milne to be master of the Royal William

7

12/3/1706

Petition for Mr John Webster minister at Fetterosso.

8

12/3/1706

Commission to David Presho to be lieutenant of the Royal William.

9

12/3/1706

Commission to William Hay to be lieutenant of the Royal Mary

10

12/3/1706

Commission to the earl of Leven to send a party of soldiers (20 foot soldiers, commanded by an officer, with a sergeant, two corporals and a drummer) aboard the ship the Dumbarton Castle at Port Glasgow.

11

12/3/1706

Commission to the earl of Leven to send 42 sentinels, one officer, 3 sergeants, 3 corporals and a drummer aboard Captain Gordon’s ship.

12

12/3/1706

Order to the officers of Scots frigates to swear the oath of allegiance and the assurance.

13

12/3/1706

Petition of Robert Menteith master of the acts.

14

12/3/1706

Petition of John Blair.

15

12/3/1706

Warrant commissioning John Abercrombie to his loding and appointing him to find caution.

16

12/3/1706

Recommendation to Goodtrees to prepare a proclamation for levying seamen according to the queen’s letter.

17

12/3/1706

Attestation of John Abercrombie’s indisposition from two physicians.

18

19/3/1706

Warrant for apprehending and imprisoning Anthony Spencer.

19

12/3/1706

Petition for Theodore Morisone of Bognie and the remnant heritors of Forgue.

1-29 March 1706 [17 items]

1

1/3/1706

Testification in favour of John Herries concerning his ill health and inability to attend the council in Edinburgh until it improved, from his father, William.

2

2/3/1706

Double of commission for the earl of Leven to be commander-in-chief of her majesty’s forces in Scotland (in English).

3

4/3/1706

Instrument bailie John Corbet and Convener John Irving

4

5/3/1706

Instrument John Blair agent for the Kirk against Alexander Muir and Alexander Craig, ministers in Shetland.

5

7/3/1706

Sederunt and minutes of council 7 March at the council chamber.

Sederunt: Earl of Sutherland, Earl of Haddington, Earl of Dunmore, Earl of Cromarty, Lord President of Session, Lord Register, Lord Advocate, Lord Justice Clerk, Lord Anstruther, Mr Francis Montgomery, Lord Provost of Edinburgh.

  1. Sutherland elected praeses.

  2. Execution in favour of Sir Gilbert Elliot former clerk of the council ‘of his trust in the privy Councill Chamber ut in scriptis

  3. Execution in favour of Andrew Wauch formerly servitor to the two principal clerks of council ‘of his trust & service in the Councill chamber’

  4. Instructions and sailing orders to Captain Gordon.

  5. Instructions and sailing orders to Captain Mathew Campbell

  6. Instructions and sailing orders to Captain James Hamilton

  7. Recommendation to the commander of her majesty’s forces to send soldiers aboard Captain Gordon’s ship, the Royal William.25

  8. Recommendation to the commander of her majesty’s forces to send soldiers aboard the Royal Mary, Captain Hamilton’s ship.

  9. Recommendation to the commander of the forces to send troops aboard the ship the Dumbarton Castle, under the command of Captain Campbell.

  10. Libel at the instance of John Corbet, one of the bailies of Dumfries and George Dunbar cornet in the Royal Regiment of Scots Dragoons against John Irving deacon convener and others. Committee named to agree and settle parties and examine witnesses; they were to meet the next day at 10am and 3 to be a quorum.

Adjourned until Tuesday 19 March.

6

7/3/1706

Note of business26

  1. Libel Cornet Dunbar and bailie Corbet in Dumfries against Irvine and others.

  2. Report of the committee anent Lord Minto.

  3. Instructions to captains Gordon, Campbell and Hamilton.

7

7/3/1706

Report of the committee tasked with examining and taking the oaths of Gilbert Elliot, lord Minto.

8

7/3/1706

Examination in favour of Andrew Wauch considering his service and trust in the privy council chamber as servant to the two principal clerks.

9

7/3/1706

Instructions to be given to James Hamilton, captain of the ship the Royal Mary.

10

7/3/1706

Caption Corbet and Dunbar against witnesses.

11

7/3/1706

Recommendation to the commander of the forces to send troops aboard the Royal Mary.

12

7/3/1706

Instructions to be given to Mathew Campbell captain of the ship the Dumbarton Castle.

13

7/3/1706

Instructions to be given to Captain Thomas Gordon, commander of the ship the Royal William.

14

8, 9, 12/3/1706

‘Committee for examining Billie Corbetts witnesses’ (consisting of 8 pages of witness statements).

8 March sederunt: Lord Register, Lord Justice Clerk, Mr Francis Montgomery.

9 March sederunt: Lord Justice Clerk, Mr Francis Montgomery, Lord Provost of Edinburgh and thereafter the Lord Clerk Register came in.

12 March sederunt: Lord Register, Mr Francis Montgomery, Lord Provost of Edinburgh.

15

11/3/1706

Execution of letters of suspension at the instance of James Grim(?) late deacon of Brechin against Francis Molyson and James Spence, bailies of Brechin.

16

8/3/1706

Letters the laird of Carphin against Gairsie and others.

17

8/3/1706

‘Suspension & charge to putt at Liberty Grime agaist Molysone’.

4-28 February 1706 [16 items]

1

4/2/1706

Report by Goodtrees regarding Patrick Crawford and the Carruthers.

2

6/2/1706

Declaration from a surgeon in Peterhead that Mr John Abercrombie, a suspected priest, was elderly and infirm, rendering him incapable of going to Edinburgh to attend the council.

3

8/2/1706

Committee appointed for considering the representation of church grievances given in by the commission of the GA.

Sederunt: Earl of Glasgow, Lord Advocate, Mr Francis Montgomery.

4

8/2/1706

Instrument for the deacon convener’s offer of bail to Mr Alexander

5

8/2/1706

Certification of Mr John Abercrombie’s indisposition.

6

11/2/1706

Extract acts of council approving of bailie Corbet’s management in seizing Harry Alexander.

7

12/2/1706

Sederunt and minutes of council 12 February at the council chamber.

Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Forfar, Earl of Roseberry, Earl of Glasgow, Earl of Hopetoun, Lord Yester, Lord Ross, Lord Register, Lord Justice Clerk, Lord Arnieston, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Lord Provost of Edinburgh.

  1. Montrose elected praeses.

  2. Libel Mr John Webster minister of the kirk at Fetterosso and John Blair against Mr Gideon Guthrie, intruder there, and others. Pursuers compeared but the defenders did not. Certification was granted against the latter and letters of denunciation were to be directed to them.

  3. Petition from John Webster and the sheriffs of the shire were to see to it that he was placed in the peacable service of the parish Kirk of Fetterosso.

  4. Report of the committee in the process between Carruthers and Crawford; read and laid aside.

  5. Petition of David Craigie of Gairsie. He had enacted himself in the books of privy council.

  6. Petition from the magistrates of Irvine for a voluntary colletion around the kingdom to raise money for the repair of the harbour in the town. Granted.

  7. Commission naming JPs in Aberdeenshire. Voted, approved, signed, and appointed to be recorded.

  8. Petition Mr Alexander Haggins read and delayed.

  9. Petition Mr John Matters read and delayed.

  10. Petition Charles May with answers to it from the African Company read and remitted to the committee formerly named to deal with his issue.

Adjourned until next Thursday at 3pm.

7

12/2/1706

Petition for Mr John Webster.

8

12/2/1706

Petition of David Craigie younger of Gairsie.

9

12/2/1706

Note of business 12 February.27

  1. Libel Mr John Webster against Gideon Guthrie and others.

  2. Report Crawford against Carruthers and others.

  3. Petition Craigie of Gairsie.

  4. Petition for the magistrates of Irvine.

  5. Petition Mr Alexander Haggins.

  6. Petition Mr John Matters.

  7. Petition Charles May.

  8. Petition Mr Robert Moneith.

  9. Captain Browne.

10

12/2/1706

Commission naming JPs in Aberdeenshire.

11

12/2/1706

Petition from the magistrates of the burgh of Irvine regarding the repairs needed to be made to the harbour there.

12

12/2/1706

Letters Mr John Webster and John Blair against Mr Gideon Guthrie and others.

13

12/2/1706

Declaration of the Kirk Session of Kirkcudbright considering the ‘immoral practises and scandals committed’ by Henry Alexander.

14

12/2/1706

Account of the wages due to Charles May former surgeon on the ship the Worcester commanded by Captain Green.

15

14, 16, 18/2/1706

Execution of letters raised at the instance of Archibald Nisbet of Carphin against Sir William Craigie of Gairsie and others.

16

14, 15, 16, 19/2/1706

Execution Archibald Nisbet of Carphin against parties and witnesses.

15 February 1706 [10 items]

1

15/2/1706

Sederunt and minutes of council 15 February at the council chamber.

Sederunt: Marquis of Montrose, Earl of Buchan, Earl of Forfar, Earl of Cromarty, Earl of Glasgow, Lord President of Session, Lord Register, Lord Justice Clerk, Lord Arniston, Lord Halcraig, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Lord Provost of Edinburgh.

  1. Glasgow elected praeses.

  2. Letter from the queen adjourning parliament. Read, appointed to be recorded, and a proclamation to be produced.

  3. Proclamation adjourning parliament from 26 February to 9 May read, appointed to be recorded, printed and published.

  4. Second diligence for poor Francis Bell against witnesses. Some witnesses were present. PC remitted the issue onto a committee.

  5. Representation from her majesty’s advocate and a letter from the Duke of Atholl ‘with ane List of Malefactors that are prisoners in the Tolbooths of Perth & Stirling’. Commission to be prepared and brought into the next council day to deal with the matter.

  6. Petition from John Abercrombie. His appearance before the PC was prorogued until 12 March.

  7. Petition Archibald Nisbet of Carphin read and refused.

Adjourned until next Tuesday at 3pm.

2

15/2/1706

Note of business 15 February.28

  1. Second diligence poor Francis Bell and witnesses.

  2. Petition Sir James Stewart her majesty’s advocate

  3. Petition John Abercrombie

  4. Petition Nisbet of Carphin

  5. Petition Mr Robert Monteith.

3

undated

Representation Goodtrees to the PC concerning the Duke of Atholl and the list of offenders in Perth and Stirling asking for a PC commission to try them.

4

undated

‘List of Malefactors’ in Perth and Stirling tolbooths.

5

15/2/1706

Petition of John Abercrombie.

6

21/1/1706

Letter fromt eh Duke of Atholl to Goodtrees regarding the offenders who were imprisoned in Stirling and Perth tolbooths asking for a commission to try them.

7

15/2/1706

Prorogation of John Abercrombie’s trial from 19 February until 12 March in light of his petition.

8

15/2/1706

PC order a commission to be prepared and brought into the next council day for trying the offenders in Stirling and Perth after the Duke of Atholl’s letter to Goodtrees.

9

15/2/1706

Petition of Archibald Nisbet of Carphin.

10

19/2/1706

Testification that Henry Alexander (‘vialer’) had been accused of immoralities and scandals by the kirk session of Kirkcudbright

21 February 1706 [25 items]

1

21/2/1706

Sederunt and minutes of council 21 February.

Sederunt: Marquis of Montrose, Earl of Crawford, Earl of Sutherland, Earl of Buchan, Earl of Lauderdale, Earl of Forfar, Earl of Ruglen, Earl of Cromarty, Earl of Glasgow (TD), Lord President of Session, Lord Register, Lord Advocate, Lord Justice Clerk, Lord Arniston, Lord Anstruther, Lord Pollock, Mr Francis Montgomery, Lord Provost of Edinburgh.

  1. Sutherland elected praeses.

  2. Committee named to take the bonds of Gibert Elliot and Andrew Wauch (servant to the two council clerks) that they had nothing in their possession that legally belonged to the PC such as warrants, registers, or records. These were extracted and they were declared as having the council’s trust.

  3. Clerks of PC reported that Andrew Wauch had resigned from his job as their servant and David Home brother of Goerge Home of Kairns(?) was chosen as his replacement as ‘under clerk’.29 He swore the relevant oaths and ‘took his sate at the table as under Clerk accordingly’.

  4. Instructions to Captain Thomas Gordon commander of the Royal William.

  5. Warrant for setting the Ostend prisoners at liberty.

  6. Petition of Mr John Matters with answers from the lord advocate. Petiton refused.

  7. Representation of the Commission of GA. Remitted to the committee named to deal with church irregularities and they were to prepare a proclamation.

  8. Commission to the sheriff of Perth and Stirling shires and others for trying housebreakers. Read, voted and approved; ordered to be recorded.

  9. Libel at the instance of the Lord Advocate against Mr Alexander Barclay and others. Certification granted.

  10. Petition from Archibald Nisbet of Carphin. PC ordered Sir William Craigie of Gairsie and David Craigie of Gairsie younger to compear before the council. They were to find sufficient caution with their ten defenders under pain of the penalty of 3,000 merks.

  11. Petition of John and William Carruthers with answers from Patrick Crawford merchant in Edinburgh. Voted in the affirmative and the PC ordained the bonds granted by Patrick Crawford to be delivered up to him. Crawford was assoilzied.

Adjourned until Tuesday 26 February.

2

21/2/1706

Note of business 21 February.30

  1. Letters her majesty’s advocate against Mr Alexander Barclay.

  2. Commission for judging and trying house breakers

  3. Report of the committee anent church grievances.

  4. Petition Mr John Matters and answerds for the lord advocate

  5. Petition Archibald Nisbet of Carphin and answers for Craigie of Gairsie.

3

21/2/1706

‘Warrand and order for takeing the Lords Minto & Andrew Wauchs oaths in order to ther Exoneration in the Counsell Clerks office’

4

21/2/1706

Letter from Thomas Gordon to Robert Forbes saying he could not attend the council that afternoon and so asked for his sailing orders in writing.

5

undated

‘Representation by the Commission of the late General Assembly Concerning Church Irregularities & disorders’

6

undated

‘Report anent church grievances’31

7

21/2/1706

Representation from the lord advocate in response to Mr John Matter’s petition.

8

21/2/1706

Letters her majesty’s advocate against Mr Barclay

9

21/2/1706

Commission for judging and trying John Hay, John Brown elder and John Brown younger ‘for Murder or man:slaughter, Robberie, thift, recept of thift, & other crymes’.

10

21/2/1706

Petition of Mr John Mathers minister of the gospel.

11

21/2/1706

Commission to the Viscount Stormont and others for trying ‘house breakers, Robbers, & c’.

12

21/2/1706

Scroll decreet absolvitor Patrick Crawford against John and William Carruthers.

13

21/2/1706

Petition for John and William Carruthers against Patrick Crawford.

14

undated

Printed ‘Petition and Answers for John and William Caruthers Drovers, Against Patrick Crawford Merchant in Edinburgh’

15

undated

Printed petition of John and William Carruthers.

16

21/2/1706

Answers for Patrick Crawford merchant in Edinburgh against John and William Carruthers.

17

21/2/1706

Letters Dunbar and Corbet against Irvine and others.

18

21/2/1706

Petition of Archibald Nisbet of Carphin

19

undated

‘Memorandum by way of Answers For Craigie of Gairsey against Nisbet of Carphin’

20

undated

‘Memorandum by way of answers for David Craigy younger of Gairsy To Archibald Nisbet of Carphin his petition against him’

21

21/2/1706

Act in favour of Archibald Nisbet of Carphin32

22

25/2/1706 – 7/3/1706

Oath and deposition (in front of Adam Cockburn of Ormistoun) by Andrew Wauch writer in Edinburgh and former servant to the two clerks of the council. He declared that he had not fraudulently taken anything belonging to the council nor had he obstructed the administration of government business.

23

25/2/1706

Execution of letters raised at the instance of bailie John Corbet and cornet George Dunbar.

24

25/2/1706 – 7/3/1706

Oath and declaration of Gilbert Elliot former clerk to the council in front of Adam Cockburn of Ormistoun.

25

28/2/1706 – 4/3/1706

‘Executions Baillie Corbat against parties and witnesses’

1. None of the items listed below are scored out.

2. None of the items listed below are crossed out.

3. None of the items below are scored out.

4. This is a blank piece of paper which was presumably attached to the above bundle.

5. All except numbers 2 & 5 in the list below have a mark next to them on this note.

6. None of the items on the below list are scored out.

7. N.B. this notes that James Hunter had been deprived on 9 June 1696 (PC1/50, 553-5) and mentions a council act on 7 July 1698, but I can’t find the latter of these in the council registers (PC1/51 or PC2/27). Also note that Hunter had been deprived on 4 September 1689 along with another Stirling-based minister for failing to pray for their majesties (RPCS, ser. 3 vol. 14, 183-5).

8. None of the items in the list below are scored out.

9. None of the items on the list below are scored out.

10. This entry has been crossed out in the MS.

11. Neither of the items listed here are crossed out.

12. Broomhall was the parliamentarian who was ejected from the house and permanently expelled from the estates in 1702 for suggesting that Presbyterianism was inconsistent with monarchy (See for instance Crossrig’s diary, pp. 88-9; and RPS, 1702/6/24, 12 June 1702).

13. Only no. 4 in the list below has been scored out in the MS.

14. None of the items in the list below have been crossed out.

15. It says that there are 10 pages of this but oddly it only begins at page no. 5 and the rest of the committee proceedings do not appear in this bundle.

16. This is not scored out in the MS.

17. None of the items below are crossed out.

18. Attached to this document is a call for the parties in the process.

19. None of the items below are crossed out on this list.

20. Only no. 4 on the list below has been scored out.

21. None of the items below have been scored out.

22. This is very fragile and torn.

23. None of the items listed below have been crossed out.

24. None of the items below have been scored out.

25. This entry has been crossed out.

26. None of the items listed below have been crossed out.

27. None of the items below have been crossed out.

28. All of the items listed below have been crossed out.

29. This means that in addition to the two primary clerks of council, thre was an under clerk or servant to them. This is therefore an extension of the double clerkship which had existed since 1620.

30. None of the items below are crossed out.

31. The rest of this MS must have been ripped out or damaged as it is only the rubric which remains. It does note that it was ‘Booked’ though, so presumably appears in the register.

32. This document has been torn in two but both pieces are in this bundle.