Procedure, 10 February 1704, Edinburgh

Edinburgh the 10th of February 17041

D1704/2/52

Procedure

[Note of business]

The Councill mett and did no privat bussines

Edinburgh the 10th of February 17041

D1704/2/52

Procedure

[Note of business]

The Councill mett and did no privat bussines

1. NRS, PC2/28, 279v. No sederunt recorded.

2. NRS, PC2/28, 279v.

1. NRS, PC2/28, 279v. No sederunt recorded.

2. NRS, PC2/28, 279v.

Act, 10 February 1704, Edinburgh

Edinburgh The Tenth off February One Thousand seven Hundereth and four years

A1704/2/261

Act

Act Infavours off The Affrican Company

Anent The petition given in and presented To The Lords of Her Majesties privie Councill By the Court of Directors of the Company of Scotland Trading to Africa and the Indies Shewing That haveing in the year 1700 fitted out for the East Indies a Ship with a considerable Cargo, which was unfortunatly lost in the streights of Mallorca But the Cargo hapning to be saved and remaining in the hands of the Companie servants and factors there The Companie and such others as Joyned with them Did lately buy and fitt out at London at a very Considerable Chairge another shipe Called the Annandale in order cheifly to bring home the said Cargo That by the Instigatione of the English East India Company (as there is too much ground to suppose greater rigour and severities have been used in passing the Ships Entries at the Custome house at London than have ever been used to any Forreigners in amity with the English Nation2 That when the said shipe was fully cleared and Just ready to saill from the Douns the English East India Companie have by their officers and armed persones in a violent and arbitrary manner without any proces of Law or other legall authoritie and in breach of the Law of Nations Seized the said shipe forcible turned out most of the seamen and pretending to carry the shipe into Port, Struck her upon a Bank where she lay beating To her great damnage till high watter Took all the Cargo and guns ashoar as a prize to the English East India Company and left the Chairge of the shiep and Stores to the Laules Discreation of 40 or 50, louse felloues without Command who threaten to Divyde the spoyle amonge them as may more particularly appear by the annexed Coppie of ane affidavit taken befoir the Lord Cheife Justice of England and of a Missive Letter one that head And Therefore Creaving their Lordships To take the premisses into their serious consideration and take such immediat measures for procureing reparatione to the Natione in Generall and their Companie in particular of those Insupportable abuses as their Lordships In their profound wisdome shall seem meet and Expedient as the said petition bears The Lords of Her Majesties privy Councill Haveing considered the petitione Given into them By the Affrican Companie and the samen togither with the Coppie off the affidavit annent the shipe called the Annandale and a Coppie off of a Missive Letter thereannent Being read in their presence The saids Lords Doe heirby Recommend to Sir James Stewart Her Majesties advocat To prepair and bring into the Councill nixt Councill day ane Letter to be sent by the Councill To Her Majestie relaiting therto and appoynts ane double of the petitione to be therwith transmitted Togither with ane double of the affidavit and the Letters to be sent to the Secretatries3 To be laid befoir Her Majestie.

Edinburgh The Tenth off February One Thousand seven Hundereth and four years

A1704/2/261

Act

Act Infavours off The Affrican Company

Anent The petition given in and presented To The Lords of Her Majesties privie Councill By the Court of Directors of the Company of Scotland Trading to Africa and the Indies Shewing That haveing in the year 1700 fitted out for the East Indies a Ship with a considerable Cargo, which was unfortunatly lost in the streights of Mallorca But the Cargo hapning to be saved and remaining in the hands of the Companie servants and factors there The Companie and such others as Joyned with them Did lately buy and fitt out at London at a very Considerable Chairge another shipe Called the Annandale in order cheifly to bring home the said Cargo That by the Instigatione of the English East India Company (as there is too much ground to suppose greater rigour and severities have been used in passing the Ships Entries at the Custome house at London than have ever been used to any Forreigners in amity with the English Nation2 That when the said shipe was fully cleared and Just ready to saill from the Douns the English East India Companie have by their officers and armed persones in a violent and arbitrary manner without any proces of Law or other legall authoritie and in breach of the Law of Nations Seized the said shipe forcible turned out most of the seamen and pretending to carry the shipe into Port, Struck her upon a Bank where she lay beating To her great damnage till high watter Took all the Cargo and guns ashoar as a prize to the English East India Company and left the Chairge of the shiep and Stores to the Laules Discreation of 40 or 50, louse felloues without Command who threaten to Divyde the spoyle amonge them as may more particularly appear by the annexed Coppie of ane affidavit taken befoir the Lord Cheife Justice of England and of a Missive Letter one that head And Therefore Creaving their Lordships To take the premisses into their serious consideration and take such immediat measures for procureing reparatione to the Natione in Generall and their Companie in particular of those Insupportable abuses as their Lordships In their profound wisdome shall seem meet and Expedient as the said petition bears The Lords of Her Majesties privy Councill Haveing considered the petitione Given into them By the Affrican Companie and the samen togither with the Coppie off the affidavit annent the shipe called the Annandale and a Coppie off of a Missive Letter thereannent Being read in their presence The saids Lords Doe heirby Recommend to Sir James Stewart Her Majesties advocat To prepair and bring into the Councill nixt Councill day ane Letter to be sent by the Councill To Her Majestie relaiting therto and appoynts ane double of the petitione to be therwith transmitted Togither with ane double of the affidavit and the Letters to be sent to the Secretatries3 To be laid befoir Her Majestie.

1. NRS, PC1/53, 147-8.

2. Closing bracket missing.

3. Sic.

1. NRS, PC1/53, 147-8.

2. Closing bracket missing.

3. Sic.

Warrant, 10 February 1704, Edinburgh

Edinburgh The Tenth off February One Thousand seven Hundereth and four years

A1704/2/251

Warrant

Warrand to the Clerks of Councill to give David Baillie Doubles of his Interogattors etc

The Lords of Her Majesties privie Councill Haveing called befoir them David Baillie prisoner, And haveing Read over to him the Interrogattors marked by the Earle off Marr president for the tyme and he being requyred to make answer therto in wrytting Refused to doe the samen And therafter the samen Being read to him Each Interrogator separatly gave the answers therto ut in scriptis and as marked by the president of the Councill for the tyme In regaird Baillie Refused to signe the samen which they thought not satisfactory Wherfore The saids Lords ordained their Macers to carry him back to closs prison And appoints and ordaines The Clerks of Councill To Delyver to him ane Double off the saids Interrogators Togither with the Three sheet off paper all marked with the Lord Advocats mark and allowed the said Baillie pen and Ink That soe he may make his answers to the above Queries and Interrogators in wrytting when nixt Called.

Edinburgh The Tenth off February One Thousand seven Hundereth and four years

A1704/2/251

Warrant

Warrand to the Clerks of Councill to give David Baillie Doubles of his Interogattors etc

The Lords of Her Majesties privie Councill Haveing called befoir them David Baillie prisoner, And haveing Read over to him the Interrogattors marked by the Earle off Marr president for the tyme and he being requyred to make answer therto in wrytting Refused to doe the samen And therafter the samen Being read to him Each Interrogator separatly gave the answers therto ut in scriptis and as marked by the president of the Councill for the tyme In regaird Baillie Refused to signe the samen which they thought not satisfactory Wherfore The saids Lords ordained their Macers to carry him back to closs prison And appoints and ordaines The Clerks of Councill To Delyver to him ane Double off the saids Interrogators Togither with the Three sheet off paper all marked with the Lord Advocats mark and allowed the said Baillie pen and Ink That soe he may make his answers to the above Queries and Interrogators in wrytting when nixt Called.

1. NRS, PC1/53, 147.

1. NRS, PC1/53, 147.

Order, 10 February 1704, Edinburgh

Edinburgh The Tenth off February One Thousand seven Hundereth and four years

A1704/2/241

Order

Recommendation to the Lord Advocat To prepair and bring into the Councill ane letter to be sent by the Councill to the Queen anent Duik of Atholls memoriall to her Majestie

The Earle of Dunmore Haveing given into the Councill ane papper Entituled Memoriall to the Queen By the Duke of Atholl Giveing ane account off the Discoverie off Captain Simon Fraser and his accomplices And the samen being read The Lords of Her Majesties privie Councill Doe heirby appoint and ordaine The samen to be doubled To be laid befoir the Committee formerly appoynted annent ill practices and designes againest the Government To be by them considered And Recommends to Sir James Steuart Her Majesties Advocat To prepair and bring into the Councill nixt Councill day ane Letter to be sent by the Councill To Her Majestie with the principall Memoriall (Wherof the Double is left with the Councill) narrating in what manner It came to the Councill.

Edinburgh The Tenth off February One Thousand seven Hundereth and four years

A1704/2/241

Order

Recommendation to the Lord Advocat To prepair and bring into the Councill ane letter to be sent by the Councill to the Queen anent Duik of Atholls memoriall to her Majestie

The Earle of Dunmore Haveing given into the Councill ane papper Entituled Memoriall to the Queen By the Duke of Atholl Giveing ane account off the Discoverie off Captain Simon Fraser and his accomplices And the samen being read The Lords of Her Majesties privie Councill Doe heirby appoint and ordaine The samen to be doubled To be laid befoir the Committee formerly appoynted annent ill practices and designes againest the Government To be by them considered And Recommends to Sir James Steuart Her Majesties Advocat To prepair and bring into the Councill nixt Councill day ane Letter to be sent by the Councill To Her Majestie with the principall Memoriall (Wherof the Double is left with the Councill) narrating in what manner It came to the Councill.

1. NRS, PC1/53, 147.

1. NRS, PC1/53, 147.

Procedure, 10 February 1704, Edinburgh

Edinburgh The Tenth off February One Thousand seven Hundereth and four years

A1704/2/231

Procedure

Interloquitor anent the Duke of Atholls letter

The Earle off Dunmore Haveing presented to the Councill ane Letter From the Ducke off Atholl To the Lord president of Councill and the rest of the Lords thereoff which was sealled which was sealled when given in and affter some Debeat upon the adress therof being sealled It went to the vote open the Letter or not And the Rolls being called and the votes marked It was Carried in the negative not and soe it was taken up by the Earle off Dunmore who presented the samen.

Edinburgh The Tenth off February One Thousand seven Hundereth and four years

A1704/2/231

Procedure

Interloquitor anent the Duke of Atholls letter

The Earle off Dunmore Haveing presented to the Councill ane Letter From the Ducke off Atholl To the Lord president of Councill and the rest of the Lords thereoff which was sealled which was sealled when given in and affter some Debeat upon the adress therof being sealled It went to the vote open the Letter or not And the Rolls being called and the votes marked It was Carried in the negative not and soe it was taken up by the Earle off Dunmore who presented the samen.

1. NRS, PC1/53, 146.

1. NRS, PC1/53, 146.

Procedure, 10 February 1704, Edinburgh

Edinburgh The Tenth off February One Thousand seven Hundereth and four years

A1704/2/221

Procedure

[Marr elected Preses]

In absence of the Lord High Chancellor, And Lord president off privy Councill The Earle off Marr Elected preces

Edinburgh The Tenth off February One Thousand seven Hundereth and four years

A1704/2/221

Procedure

[Marr elected Preses]

In absence of the Lord High Chancellor, And Lord president off privy Councill The Earle off Marr Elected preces

1. NRS, PC1/53, 146.

1. NRS, PC1/53, 146.

Sederunt, 10 February 1704, Edinburgh

Edinburgh The Tenth off February One Thousand seven Hundereth and four years1

A1704/2/212

Sederunt

Earl of Marr; Earl of Buchan; Earl of Eglingtoun; Earl of Strathmore; Earl of Galloway; Earl of Lauderdale; Earl of Loudoun; Earl of Finlatter; Earl of Northesk; Earl of Forfar; Earl of Dunmore; Earl of March; Earl of Hyndfoord; Earl of Roseberry; Earl of Glasgow T:D:; Earl of Hoptoun; Viscount Garnock; Viscount Primrose; Lord Haddo; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Halcraige; Lord Anstruther; Lord Rankeillor; Lord Phesdo; Lord Tillecultrie; Mr Fran: Montgomry; Laird of Collingtoun; Laird of Stevensone; Laird of Caverse; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh

Edinburgh The Tenth off February One Thousand seven Hundereth and four years1

A1704/2/212

Sederunt

Earl of Marr; Earl of Buchan; Earl of Eglingtoun; Earl of Strathmore; Earl of Galloway; Earl of Lauderdale; Earl of Loudoun; Earl of Finlatter; Earl of Northesk; Earl of Forfar; Earl of Dunmore; Earl of March; Earl of Hyndfoord; Earl of Roseberry; Earl of Glasgow T:D:; Earl of Hoptoun; Viscount Garnock; Viscount Primrose; Lord Haddo; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Halcraige; Lord Anstruther; Lord Rankeillor; Lord Phesdo; Lord Tillecultrie; Mr Fran: Montgomry; Laird of Collingtoun; Laird of Stevensone; Laird of Caverse; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh

1. NRS, PC1/53, 146

2. NRS, PC1/53, 146.

1. NRS, PC1/53, 146

2. NRS, PC1/53, 146.