Tag Archives: 1 February 1705

Act, 1 February 1705, Edinburgh

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Edinburgh 1st February 1705

D1705/2/21

Act

Act in favours of the Countess of Southesque for ane aliment to the Earle

Anent the petition given in and presented to the Lords of her Majesties privie Councill By Mary Countess of Southesk, Shewing. That where their Lordships had been most justly pleased to continue with her the Custody of the Earle of Southesk her son, untill he be past pupillarity and attaine to the age of fourteen years compleat, wherby her jealousies and fears of his being suddenly Surpryzed and taken from her are removed, And seeing the Tutors of the said Earle by their act dated the sixth day of October Jaj vic nynty nyne years, did modifie and Ordain the Soume of Fyve thousand merks Scots yearly to be payed her for his aliment and intertainment, and that quarterly per advance, with some other Casualities mentioned in the said act, which hitherto hes been observed and payed, till about halfe a year agoe, since which tyme Mr James Martine Manadger of and Intrometter with the rents of the said Earles estate hes thought fitt to make no payments although it might have been reasonablie expected that the Earles own aliment and Intertainment should have been duly regaurded and the Soume modified for that end condignly payed, and being affraid that not only she might be made uneasie in getting payment of bygones, but also in tyme comeing, Therfore She was necessitat to make this application to their Lordships that they would be pleased to interpose their authority, And Ordaine the said Mr James Martine not only to make payment of bygones, but also to continue the Same in tyme coming as formerly appoynted by the Tutors, seeing she has no legall Compulsitor wherby to obliedge him therto, And therfor Craving to the effect aftermentioned as the said petiton bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by Mary Countess of Southesk, and the samen being read in their presence, The Saids Lords Doe heirby appoynt and Ordaine the soume of Two Thousand fyve Hundereth merks of aliment resting at and proceiding this present terme of Candlemess to be instantly payed up by the said Mr James Martine or any other Manager or Intrometter with the rents of the said Earles estate, whose names the pteitioner Shall give in Signed under her hand, and Continues the former modification of the saids Tutors conforme to the said act, during the tyme of the said Earle his aboad with the petitioner and have appoynted and Ordained and heirby Appoynts and Ordaines the said Mr James Martine or any other Intrometter with the said Estate whose names the petitioner Shall give in Signed under her hand as said is, To make payment to the petitioner of the forsaid soume of Fyve thousand merks of yearlie aliment for the said Earle, and that quarterly per advance during his abode as said is, Beginning the first quarters payment at the Terme of Whitsonday nixt to Come for the quarter immediatly following the said Terme and so furth quarterly therafter per advance Dureing the Earles aboad as said is, And Ordaines letters of horning under the Signet of Councill upon six dayes and others if need beis to be direct heiron in forme as effeirs.

Edinburgh 1st February 1705

D1705/2/21

Act

Act in favours of the Countess of Southesque for ane aliment to the Earle

Anent the petition given in and presented to the Lords of her Majesties privie Councill By Mary Countess of Southesk, Shewing. That where their Lordships had been most justly pleased to continue with her the Custody of the Earle of Southesk her son, untill he be past pupillarity and attaine to the age of fourteen years compleat, wherby her jealousies and fears of his being suddenly Surpryzed and taken from her are removed, And seeing the Tutors of the said Earle by their act dated the sixth day of October Jaj vic nynty nyne years, did modifie and Ordain the Soume of Fyve thousand merks Scots yearly to be payed her for his aliment and intertainment, and that quarterly per advance, with some other Casualities mentioned in the said act, which hitherto hes been observed and payed, till about halfe a year agoe, since which tyme Mr James Martine Manadger of and Intrometter with the rents of the said Earles estate hes thought fitt to make no payments although it might have been reasonablie expected that the Earles own aliment and Intertainment should have been duly regaurded and the Soume modified for that end condignly payed, and being affraid that not only she might be made uneasie in getting payment of bygones, but also in tyme comeing, Therfore She was necessitat to make this application to their Lordships that they would be pleased to interpose their authority, And Ordaine the said Mr James Martine not only to make payment of bygones, but also to continue the Same in tyme coming as formerly appoynted by the Tutors, seeing she has no legall Compulsitor wherby to obliedge him therto, And therfor Craving to the effect aftermentioned as the said petiton bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by Mary Countess of Southesk, and the samen being read in their presence, The Saids Lords Doe heirby appoynt and Ordaine the soume of Two Thousand fyve Hundereth merks of aliment resting at and proceiding this present terme of Candlemess to be instantly payed up by the said Mr James Martine or any other Manager or Intrometter with the rents of the said Earles estate, whose names the pteitioner Shall give in Signed under her hand, and Continues the former modification of the saids Tutors conforme to the said act, during the tyme of the said Earle his aboad with the petitioner and have appoynted and Ordained and heirby Appoynts and Ordaines the said Mr James Martine or any other Intrometter with the said Estate whose names the petitioner Shall give in Signed under her hand as said is, To make payment to the petitioner of the forsaid soume of Fyve thousand merks of yearlie aliment for the said Earle, and that quarterly per advance during his abode as said is, Beginning the first quarters payment at the Terme of Whitsonday nixt to Come for the quarter immediatly following the said Terme and so furth quarterly therafter per advance Dureing the Earles aboad as said is, And Ordaines letters of horning under the Signet of Councill upon six dayes and others if need beis to be direct heiron in forme as effeirs.

1. NRS, PC2/28, 363r-363v.

1. NRS, PC2/28, 363r-363v.

Sederunt, 1 February 1705, Edinburgh

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Edinburgh 1st February 17051 2

D1705/2/13

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Crafurd; Earl of Southerland; Earl of Buchan; Earl of Haddingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Anstruther; Livetenent General Ramsay; Mr Fra: Montgomery; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

Edinburgh 1st February 17051 2

D1705/2/13

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Crafurd; Earl of Southerland; Earl of Buchan; Earl of Haddingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Anstruther; Livetenent General Ramsay; Mr Fra: Montgomery; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 362v.

2. This heading is given twice, but nothing is written under the first appearance.

3. NRS, PC2/28, 363r.

1. NRS, PC2/28, 362v.

2. This heading is given twice, but nothing is written under the first appearance.

3. NRS, PC2/28, 363r.

Warrant, 1 February 1705, Edinburgh

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Att Edinburgh the first day of February Jaj vijc and five yeirs

A1705/2/81

Warrant

Warrand to the Governour of the Castell to fyre the Guns upon the Queens birth day

The Lords of her Majesties privie Councill Doe heirby Recommend to the Earle of Levine Governor and Constable of the Castell of Edinburgh, and in his absence Gives order and warrand to the nixt Commanding officer ther, To cause fyre the Guns of the said Castell upon twesday nixt to the sixth instant, Being the birth day of her Majestie Queen Anne at the ordinary tyme of the Solemnitie, and in manner heirtofore observed in the lyke cases.

At Edinburgh 1 February 1705

A1705/2/81

Warrant

Warrant to the governor of the castle to fire the guns upon the queen’s birthday

The lords of her majesty’s privy council do hereby recommend to [David Melville] earl of Leven, governor and constable of the castle of Edinburgh, and in his absence give order and warrant to the next commanding officer there, to cause fire the guns of the said castle upon Tuesday next, the sixth instant, being the birthday of her majesty Queen Anne, at the ordinary time of the solemnity, and in manner heretofore observed in the like cases.

1. NRS, PC1/53, 352.

1. NRS, PC1/53, 352.

Warrant, 1 February 1705, Edinburgh

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Att Edinburgh the first day of February Jaj vijc and five yeirs

A1705/2/71

Warrant

Warrand for the Magistrats of Edinburgh for keeping the Queens birth day

The Lords of her Majesties privie Counsell Considering that Twesday nixt being the Sixth instant Is the Birth day of her Majestie Queen Anne, Doe heirby Appoynt and Ordaine the Magistrats of Edinburgh to cause Intimation to be made after the usuall manner, to all the neighbours: and Inhabitants within the said burgh that they putt furth illuminations the said day at the ordinary tyme, and in manner heirtofoir observed, and that the said day be Solemnized, with illuminations, Ringing of Bells, and other expressions of publict Joy, And Recommends to the Provest of Edinburgh that he cause ring the Musick bells from ten of the cloak in the foirnoon untill four of the cloak in the afternoon that the great bells beginne to ringe And appoynts the usuall Solemnitie at the Cross of Edinburgh to be and begine at twelve acloak the said day, and the Magistrats of Edinburgh to take care ther be no throwing of squibs, nor disorder nor confusion the tyme of the Solemnitie nor after the Samen by breaking of windows or the lyke.

At Edinburgh 1 February 1705

A1705/2/71

Warrant

Warrant for the magistrates of Edinburgh for keeping the queen’s birthday

The lords of her majesty’s privy council considering that Tuesday next, being the sixth instant, is the birthday of her majesty Queen Anne, doe hereby appoint and ordain the magistrates of Edinburgh to cause intimation to be made after the usual manner, to all the neighbours and inhabitants within the said burgh, that they put forth illuminations the said day at the ordinary time, and in manner heretofore observed. And that the said day be solemnised with illuminations, ringing of bells, and other expressions of public joy. And recommend to [Sir Patrick Johnston] provost of Edinburgh that he cause ring the music bells from 10 o’clock in the forenoon until 4 o’clock in the afternoon, that the great bells begin to ring, and appoints the usual solemnity at the cross of Edinburgh to be and begin at 12 o’clock the said day. And the magistrates of Edinburgh to take care there be no throwing of squibs, nor disorder nor confusion the time of the solemnity nor after the same by breaking of windows or the like.

1. NRS, PC1/53, 352.

1. NRS, PC1/53, 352.

Warrant, 1 February 1705, Edinburgh

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Att Edinburgh the first day of February Jaj vijc and five yeirs

A1705/2/61

Warrant

Warrand for alimenting Captain Green and others of his Crew

Anent the Supplication given in and presented to the Lords of her Majesties privie Counsell By Captain Thomas Green Commander of the Shipe Worchester, Captain John Mather chiefe Mate, John Reynolds second Mate, Thomas Lintsteid assistant to the late Super Cargo deceased, Samuell Willcocks doctors Mate, and Thomas Whytehead Servant to the Captain Shewing that wher the petitioners with some others of ther Companie haveing formerly meined themselves to the saids Lords by bill Craveing that dureing their Incarceration they might have ane aliment conforme to the saids Lords practise in the lyke cases, The saids Lords wer pleased by ther delyverance on the said petition only in generall to ordaine the Company to be alimented as formerly without makeing mention of the supplicants names, or any other particular persone, or expressing the quantitie of ther aliment, They begged leave to represent In the first place that by this Interloquitor the Supplicants Seemed alltogether to be excluded from any aliment, For they could not say that ever they wer alimented by the Affrican Company of Scotland, albeit some of ther Crew might have been alimented, And therfor in the nixt place they begged leave to represent that by the practise of all nations, and even of the saids Lords in the lyke cases, they wer informed all persons who are Incarcerat, and are obleidged to attend for ane Indytement the tyme prefixed by act of parliament, are mantained dureing that space either by the publict or by the persons who in formed against them, It was therfor humbly craved the saids Lords would be pleased Conforme to the currant practise in the lyke cases heir and others wher to appoynt to be payed to the Supplicant by the publict, at least by these who informed against them, ane aliment Suteable to their respective Stations, as the said petition bears, The Lords of her Majesties privie Counsell haveing considered the said petition given in to them by Captain Thomas Green Commander of the Shipe the Worchester, Captain John Mader cheife Mate and others, and the samen being read in their presence, The saids Lords Doe heirby Appoynt the petitioners to be alimented as the rest of the Crew are And that the Samen Shall affect the Cargo of the Shipe the Worchester accordingly.

At Edinburgh 1 February 1705

A1705/2/61

Warrant

Warrant for maintaining Captain Green and others of his crew

Concerning the supplication given in and presented to the lords of her majesty’s privy council by Captain Thomas Green, commander of the ship Worcester, Captain John Mather chief mate, John Reynolds second mate, Thomas Lintsteid assistant to the late supercargo deceased, Samuel Willcocks doctor’s mate, and Thomas Whitehead servant to the captain, showing that where the petitioners with some others of their company having formerly supplicated themselves to the said lords by bill, craving that during their incarceration they might have a maintenance conform to the said lords’ practice in the like cases, the said lords were pleased by their deliverance on the said petition only in general to ordain the company to be maintained as formerly, without making mention of the supplicants’ names, or any other particular person, or expressing the quantity of their maintenance. They begged leave to represent in the first place that by this interlocutor the supplicants seemed altogether to be excluded from any maintenance, for they could not say that ever they were maintained by the African Company of Scotland, albeit some of their crew might have been maintained, and therefor in the next place they begged leave to represent that by the practice of all nations, and even of the said lords in the like cases, they were informed all persons who are incarcerated, and are obliged to attend for an indictment the time prefixed by act of parliament, are maintained during that space either by the public or by the persons who informed against them. It was therefore humbly craved the said lords would be pleased [to] conform to the currant practice in the like cases here and elsewhere to appoint to be payed to the supplicants by the public, at least by those who informed against them, a maintenance suitable to their respective stations, as the said petition bears. The lords of her majesty’s privy council having considered the said petition given in to them by Captain Thomas Green, commander of the ship the Worcester, Captain John Mader chief mate, and others, and the same being read in their presence, the said lords do hereby appoint the petitioners to be maintained as the rest of the crew are. And that the same shall effect the cargo of the ship the Worcester accordingly.

1. NRS, PC1/53, 351-2.

1. NRS, PC1/53, 351-2.

Warrant, 1 February 1705, Edinburgh

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Att Edinburgh the first day of February Jaj vijc and five yeirs

A1705/2/51

Warrant

Warrand for makeing use of the new Cashet

James Clerk Ingraver in the Mint haveing this day presented to the Councill the new Cashet Ingraven by him, and the Councill haveing inspected the Same, the old one was in presence of the saids Lords defaced and delyvered to the keeper, and the new one in all time comeing appoynted to be made use of.

At Edinburgh 1 February 1705

A1705/2/51

Warrant

Warrant for making use of the new seal

James Clerk, engraver in the mint, having this day presented to the council the new seal engraved by him, and the council having inspected the same, the old one was in presence of the said lords defaced and delivered to the keeper, and the new one in all time coming appointed to be made use of.

1. NRS, PC1/53, 351.

1. NRS, PC1/53, 351.

Procedure: committee formed, 1 February 1705, Edinburgh

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Att Edinburgh the first day of February Jaj vijc and five yeirs

A1705/2/41

Procedure: committee formed

Committie anent prohibite goods

The Lords of her Majesties privie Counsell Doe heirby Nominat and Appoynt the Earle of Levine, Lord Ensteruther, Blaccader, Ormiestoun younger, and the Lord Provest of Edinburgh To be a Committie to consider how the Laws may be putt to most effectuall execution for hindering the Import of prohibite goods, and recommends to the said Committie to meet to morrow at two acloak of the afternoon, and declairs any three a Quorum, and to report.

At Edinburgh 1 February 1705

A1705/2/41

Procedure: committee formed

Committee concerning prohibited goods

The lords of her majesty’s privy council do hereby nominate and appoint [David Melville] earl of Leven, [Sir William Anstruther] Lord Anstruther, [Sir John Home] laird of Blackadder, [John Cockburn] laird of Ormiston younger, and [Sir Patrick Johnston] lord provost of Edinburgh to be a committee to consider how the laws may be put to most effectual execution for hindering the import of prohibited goods, and recommends to the said committee to meet tomorrow at two o’clock of the afternoon, and declares any three a quorum, and to report.

1. NRS, PC1/53, 351.

1. NRS, PC1/53, 351.

Order, 1 February 1705, Edinburgh

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Att Edinburgh the first day of February Jaj vijc and five yeirs

A1705/2/31

Order

Recommendation to the Theasaurie to treat with Duke of Gordon anent Fort William

The Lords of her Majesties privie Counsell Doe heirby Remitt to the Lords Commissioners of her Majesties Theasaurie to proceed in the Treaty for ane aggreement with the Duke of Gordon for the ground wherwpon Fort William Stands, and the burgh of Barronie therto belonging, and appoynts the Meacers to advertise the Duke this night to attend the saids Lords to morrow in the Theasaurie roume, and Recommends to Sir James Steuart her Majesties Advocat to prosecute Mckintosh of Borlame upon Such heads as his lordship Shall find ground for.

At Edinburgh 1 February 1705

A1705/2/31

Order

Recommendation to the treasury to treat with duke of Gordon concerning Fort William

The lords of her majesty’s privy council do hereby remit to the lord commissioners of her majesty’s treasury to proceed in the treaty for an agreement with [George Gordon] duke of Gordon for the ground whereupon Fort William stands, and the burgh of barony thereto belonging, and appoints the macers to advertise the duke this night to attend the said lords tomorrow in the treasury room, and recommends to Sir James Stewart, her majesty’s advocate, to prosecute [William] Mackintosh of Borlum upon such heads as his lordship shall find ground for.

1. NRS, PC1/53, 351.

1. NRS, PC1/53, 351.

Procedure, 1 February 1705, Edinburgh

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Att Edinburgh the first day of February Jaj vijc and five yeirs

A1705/2/21

Procedure

Recommendation to the Committee to give assureance of Indemnitie to Each of Captain Greens Crew as Shall make any discovery

The Lords of her Majesties privie Counsell Doe heirby appoynt and Recommend to the Committie formerly appoynted to examine Captain Green and his Crew to give all assureance of Indemnitie and remission for lyfe and goods to Such of them as shall make discovery.

At Edinburgh 1 February 1705

A1705/2/21

Procedure

Recommendation to the committee to give assurance of indemnity to each of Captain Green’s crew as shall make any discovery

The lords of her majesty’s privy council do hereby appoint and recommend to the committee formerly appointed to examine Captain [Thomas] Green and his crew to give all assurance of indemnity and remission for life and goods to such of them as shall make discovery.

1. NRS, PC1/53, 351.

1. NRS, PC1/53, 351.

Sederunt, 1 February 1705, Edinburgh

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Att Edinburgh the first day of February Jaj vijc and five yeirs1

A1705/2/12

Sederunt

Lord Chancellor; Marquis of Annandale p.C.; Earl of Crafurd; Earl of Southerland; Earl of Buchan; Earl of Hadingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Levine; Earl of Dunmore; Earl of Ruglen; Lord Ballhaven; Lord Advocat; Lord Theasaurer Deput; Lord Justice Clerk; Lord Hallcraig; Lord Ensteruther; Livt Generall Ramsay; Mr Fr. Montgomrie; Laird of Blaccader; Laird of Ormiestoun younger

At Edinburgh 1 February 17051

A1705/2/12

Sederunt

[John Hay, marquis of Tweeddale] lord chancellor; [William Johnston] marquis of Annandale, president of council; [John Lindsay] earl of Crawford; [John Gordon] earl of Sutherland; [David Erskine] earl of Buchan; [Thomas Hamilton] earl of Haddington; [John Maitland] earl of Lauderdale; [Hugh Campbell] earl of Loudoun; [David Melville] earl of Leven; [Charles Murray] earl of Dunmore; [John Hamilton] earl of Ruglen; [John Hamilton] Lord Belhaven; [Sir James Stewart of Goodtrees] lord advocate; [George Baillie of Jerviswood] lord treasurer depute; [Adam Cockburn] lord justice clerk; [Sir James Hamilton] Lord Halcraig; [Sir William Anstruther] Lord Anstruther; Lieutenant General [George] Ramsay; Francis Montgomerie; [Sir John Home] laird of Blackadder; [John Cockburn] laird of Ormiston younger

1. NRS, PC1/53, 350.

2. NRS, PC1/53, 350.

1. NRS, PC1/53, 350.

2. NRS, PC1/53, 350.