Tag Archives: 10 May 1705

Procedure, 10 May 1705, Edinburgh

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Att Holyrudehouse the tenth day of May Jaj vijc and fyve years

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Procedure

Exoneration To James Johnstoun Esquire late Lord Register and his deput and Servants

His Grace her Majesties high Commissioner and the Lords of her Majesties privie Councill haveing by ther ordinance of the date the 26th day of Apryll Last, Appoynted a Committie of ther own number to see the Records, Registers, warrands and other papers belonging to the office of Clerk Register, the keyes of the lower parliament house and other keyes wher the saids Registers and Records are keept, delyvered up to the Lord Philiphawgh now Register, By James Johnstoun Esquire late Register his deputs and Servants in the Said office wnder him in the said office wpon oath, And accordingly the said Committie haveing mett in the haigh parliament house upon the first day of May instant, and called befor them Alexander Gibsone of Durie one of the principall Clerks of Session, As haveing Commission from the Late Lord Register for keeping of the publict records, as also Thomas Gibsone his brother, And Alexander Baillie wryter in Edinburgh as being lykewayes intrusted by his lordship for keeping of the saids records and Registers, And having Solemnly Sworne, examined and Interrogat them and each of them in the termes of the forsaid remitt, They deponed wpon oath That neither they nor any to their knowledge have abstracted nor imbazled any of the records, warrands or papers belonging to the Registers office, which have been in ther custody, And that they as having Commission from or being intrusted by the late Lord Register, neither had nor have any other records, warrands, papers nor keyes then what they instantly delyver, And the Samen receaved by the present Register accordingly; As also the saids Lords having by ther forsaid Act and Remitt to the Said Committie Granted warrand and Commission to Mr Alexander Wedderburne Secretary deput to take the oath of the said James Johnstoun Esquire late Register In the termes of the forsaid remitt, And therby declaired that wpon delyverie of the Records, warrands and others as aforsaid, and report of the said James Johnstouns oath, They would grant a Sufficient exoneration of the Same to the Said late Clerk Register, and his saids deputs and Servants, And accordingly in obedience to the forsaid Commission, The said Alexander Wedderburne haveing reported to the saids Lords the said James Johnstouns oath dated at Whythall the fyfth day of May instant, wherby the said Alexander Wedderburne as having Commission forsaid, having sworne and examined the said James Johnstoun in the terms of the said Commission he deponed wpon oath That he hes not directly nor indirectly abstracted not withdrawen, imbazled nor destroyed any of the Records; papers or warrands belonging to the said office of Register, And that he neither hes nor had any other records belonging to the said office, then what wer in the custody of his deputs and Servants, And are delyvered up2 or to be delyvered up by them as her Majestie and the Councill Should order, Therfore his Grace and the Saids Lords By thir presents Exoners the said James Johnstoun Esquire, Alexander Gibsone of Durie his deput Thomas Gibsone and Alexander Baillie his Servants in intrusted by him as said is, off the saids Registers and warrands therof, And of the charge and trust he and they had in keeping therof, And declairs the said James Johnstoun and his saids deputs and Servants free of the Samen, And of all question theranent in tyme comeing.

At Holyroodhouse 10 May 1705

A1705/5/131

Procedure

Exoneration to James Johnston, esquire, late lord register and his depute and servants

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner and the lords of her majesty’s privy council having by their ordinance of the date 26 April last appointed a committee of their own number to see the records, registers, warrants, and other papers belonging to the office of clerk register, the keys of the lower parliament house and other keys where the said registers and records are kept, delivered up to [Sir James Murray of Philiphaugh], now register, by James Johnston, esquire, late register, his deputes and servants in the said office under him in the said office upon oath. And accordingly the said committee having met in the upper parliament house upon 1 May instant, and called before them Alexander Gibson of Durie, one of the principal clerks of session, as having commission from the late lord register for keeping of the public records, as also Thomas Gibson his brother, and Alexander Baillie, writer in Edinburgh, as being likewise entrusted by his lordship for keeping of the said records and registers. And having solemnly sworn, examined, and interrogated them and each of them in the terms of the foresaid remit, they deponed upon oath that neither they nor any to their knowledge have abstracted nor embezzled any of the records, warrants, or papers belonging to the register’s office, which have been in their custody, and that they as having commission from or being entrusted by the late lord register, neither had nor have any other records, warrants, papers, nor keys then what they instantly deliver, and the same received by the present register accordingly. As also the said lords having by their foresaid act and remit to the said committee granted warrant and commission to Mr Alexander Wedderburn, secretary depute, to take the oath of the said James Johnston, esquire, late register in the terms of the foresaid remit, and thereby declared that upon delivery of the records, warrants, and others as aforesaid, and report of the said James Johnston’s oath, they would grant a sufficient exoneration of the same to the said late clerk register, and his said deputes and servants. And accordingly in obedience to the foresaid commission, the said Alexander Wedderburn having reported to the said lords the said James Johnston’s oath dated at Whitehall, 5 May instant, whereby the said Alexander Wedderburn as having commission foresaid, having sworn and examined the said James Johnston in the terms of the said commission, he deponed upon oath that he has not directly nor indirectly abstracted not withdrawn, embezzled, nor destroyed any of the records, papers, or warrants belonging to the said office of register, and that he neither has nor had any other records belonging to the said office, than what were in the custody of his deputes and servants, and are delivered up or to be delivered up by them as her majesty and the council should order. Therefore his grace and the said lords by these present exonerate the said James Johnston, esquire, Alexander Gibson of Durie his depute, Thomas Gibson, and Alexander Baillie his servants entrusted by him as said is, of the said registers and warrants thereof, and of the charge and trust he and they had in keeping thereof. And declare the said James Johnston and his said deputes and servants free of the same, and of all question therein in time coming.

1. NRS, PC1/53, 403-4.

2. The word ‘to’ scored out here.

1. NRS, PC1/53, 403-4.

Warrant, 10 May 1705, Edinburgh

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Att Holyrudehouse the tenth day of May Jaj vijc and fyve years

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Warrant

Warrand for liberating Oliphant and Halyday

His Grace her Majesties high Commissioner, And the Lords of her Majesties Privie Councill Doe heirby Give order and warrand to the Magistrats of Edinburgh and keepers of ther Tollbooth To Sett the persons of David Oliphant and William Halyday Wright prisoners therin upon account of the Rable, att Liberty furth therof, For which this shall be their warrand.

At Holyroodhouse 10 May 1705

A1705/5/121

Warrant

Warrant for liberating Oliphant and Halliday

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner and the lords of her majesty’s privy council do hereby give order and warrant to the magistrates of Edinburgh and keepers of their tolbooth to set the persons of David Oliphant and William Halliday, wright, prisoners therein upon account of the rabble, at liberty forth thereof, for which this shall be their warrant.

1. NRS, PC1/53, 403.

1. NRS, PC1/53, 403.

Act, 10 May 1705, Edinburgh

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Att Holyrudehouse the tenth day of May Jaj vijc and fyve years

A1705/5/111

Act

Act Banishing Knox and Davidson rablers

His Grace her Majesties high Commissioner and the Lords of her Majesties privie Councell by ther Sentence and Interloquitor of the date the eight day of May instant, Having found it Sufficiently proven that James Knox and William Davidsone wer guilty, actors, airt and pairt In a violent and attrocious Rable Against the 2 Government and the Lord high Chancellor, and other Councellors in a Coach with him wpon the Streets of Edinburgh wpon the day lybelled in the proces against them, His Grace her Majesties high Commissioner and the saids Lords Have ordained and heirby ordains the Magistrats of Edinburgh to cause the said James Knox and William Davidsone be wheept and Scourged by the hand of ther comon hangman to morrow being the Ellevinth instant of May betwixt ten and ellevine of the cloak in the foirnoon from the Weighhouse to the Neatherbow of the said burgh, And at the ordinary places ther, And imediatly therafter to cause carry them by the hands of the said common hang-man to the Tron of Edinburgh, And therto Stand within the Tron grate with ther ears nailled to the Tron from ellevine to Twelve hours of the foirnoon the said day, And from thence to be carried back to prison ther to remaine untill they enact themselves to depairt furth of this kingdome betwixt and the Last day of May instant, and his Grace, and the saids Lords have Banished and heirby Banishes the saids James Knox and William Davidsone furth of the Kingdome of Scotland never to returne without her Majestie or the Councills allowance for that effect wnder all highest pains; And ordains the said James Knox and William Davidsone to remaine in prisone ay and whill they enact themselves to observe and fullfill the premisses.

At Holyroodhouse 10 May 1705

A1705/5/111

Act

Act banishing Knox and Davidson, rabblers

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner and the lords of her majesty’s privy council by their sentence and interlocutor of the date 8 May instant, having found it sufficiently proven that James Knox and William Davidson were guilty, actors, art and part in a violent and atrocious rabble against the government and [James Ogilvie, earl of Seafield] the lord high chancellor, and other councillors in a coach with him upon the streets of Edinburgh upon the day libelled in the process against them, his grace her majesty’s high commissioner and the said lords have ordained and hereby ordain the magistrates of Edinburgh to cause the said James Knox and William Davidson be whipped and scourged by the hand of their common hangman tomorrow, being 11 instant of May, between 10 and 11 o’clock in the forenoon from the weigh house to the Netherbow of the said burgh, and at the ordinary places there, and immediately thereafter to cause carry them by the hands of the said common hangman to the Tron of Edinburgh, and there to stand within the Tron grate with their ears nailed to the Tron from 11 to 12 hours of the forenoon the said day. And from there to be carried back to prison, there to remain until they enact themselves to depart forth of this kingdom between [now] and the last day of May instant. And his grace, and the said lords have banished and hereby banishes the said James Knox and William Davidson forth of the kingdom of Scotland never to return without her majesty’s or the council’s allowance for that effect under all highest pains. And ordain the said James Knox and William Davidson to remain in prison until they enact themselves to observe and fulfil the premisses.

1. NRS, PC1/53, 403.

2. The word ‘Rable’ scored out here.

1. NRS, PC1/53, 403.

2. The word ‘Rable’ scored out here.

Decreet, 10 May 1705, Edinburgh

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Att Holyrudehouse the tenth day of May Jaj vijc and fyve years

A1705/5/101

Decreet

Decreit Her Majesties Advocat against Rablers

Anent the lybell or Letters of Complaint raised and perused befor the Lords of her Majesties Privie Councill at the instance of Sir James Stewart her Majesties Advocat and by Speciall warrand of the Lords of her Majesties privie Councill, Mentioning That wher by the laws of this and all other well governed Realms, The raising of Tumults is a most pernicious and unboundable violence contrary to all good Government, And the Safety and Security of mens lyves and fortouns, the principall ends therof, and therfor punishable in the severarest maner, Lykeas by the Act of parliament K. Ja. 2d parl. i4 Cap. 77. Ja. 4th parl. 3d. Cap. 34. and Ja. 6th parl. 18th Cap. i7th It is Statute that ther be no commotion nor rysing of Commons within burghs in hindering of the Common Law, And that if any does in the contrary, Their good Shall be confiscat to the King, and ther lyves be at the Kings will, and farther that no persone nor persons within burgh wnder whatsomever colour or pretext Convocat or assemble themselves together at any occasion, Except by the Licence of their Magistrats, And the persons transgressing to be punished in their bodyes goods and gear with all rigour; Lykeas by the act of parliament Ja. 6th parl. 16. Cap. 4th It is Statute that whatsomever persone in tyme comeing invades and persues any of his highness Session, Secrett Councill, or any of his highness officiars, It being verified and tryed that they wer persued and Invaded for doeing of his highness Service; Shall be punished to the death: Nevertheless it is of verity that ther being certaine Malefactors to be execute to the death upon the ellevinth of Apryll instant, And the Lords of our privie Councill being mett to give direction in that matter, ther was wpon the said day or ane or other of the dayes of the said moneth a most insolent Convocation made and Tumult raised in the high Street of Edinburgh by a mobb and Rable, who Shaking off all regaird to our authority and laws did invirone the Lords of our Councill when Sett in Councill pretending and threatning to overaw them, And when our Saids Lords had done our bussieness, And our Chancellor with Some of our Councill wer goeing home after having ordered the execution of the saids malefactors, The said Rable did tumultuously Stope and assault his Coach by Stoping the horses and throwing Stones at them and the Coach-man and att the Coach, wherby the Coachman was wounded to the effusion of his blood, and the Coach glasses brock, And our said Chancellor, and the said other Lords violently forced to quyte the Coach, and retire for ther Safety; Lykeas in prosecution of ther said violence and wicked designe, they Called to Shutt the Neatherbow port to Stop our Chancellors way, And actually demanded the keyes therof, and Shutt the said port on purpose to keep out guards in the Cannongat, and that they might more Securely execute ther designed mischiefe. In the which Tumultuous convocation, commotion and Rable James Knox Son to the deceist George Knox Stabler in Edinburgh, William Covintrie Cordiner in Mutriesiehill David Oliphant Servitor to Widow Blackie hatt-maker, William Halliday Wright, William Davidsone Tayleor in Cannongat, and William Mceven painter wer actors, airt and pairt by being present in the said rable, Stoping the said Coach, throwing Stones as said is, Shutting or indeavouring to Shutt the Neather-bow port, or by one or other of the saids actions or the lyke importing their concurrance in the said tumult and Rable; By all which they are actors, airt and pairt in the said wicked and villainous convocation and rable raised against the Lords of our privie Councell, and our Lord Chancellor, and our Royall authority, And highly aggreable by the circumstances abovelybelled, which being found proven, They ought to be punished by the Sentence of the Lords of our Councell in their persons and goods to the example and terror of others to committ the lyke in tyme comeing; And Anent the charge given to the Saids defenders To have Compeired personally befor the Saids Lords of our privie Councell at a certaine day bygone To have answered to the forsaid Complaint, And to have heard and Seen Such order and course taken theranent, as appertains, with certefication as in the saids Letters and Complaint and executions therof at more length is contained, The within Lybell at the instance of Sir James Steuart her Majesties Advocat against James Knox and other Rablers being upon the first day of May instant Called, And the persewers and defenders Compearing personallie at the barr, And the lybell being read and the parties heard at the barr, His Grace her Majesties high Commissioner, And the Lords of her Majesties Privie Councill Admitts the lybell to probation, And the wittnesses being called in, Made faith, The Councill Nominats and appoynts the Earls of Loudoun and Levine, Lords Ballhaven, Thesaurer deput and Justice Clerk, Mr Francis Montgomrie and the provest of Edinburgh To be a Committie to examine the wittnesses, And recommends to the said Committie to meet tomorrow morning at ten acloak, and declairs any three a Quorum, and to report; And reserves all objections against the wittnesses to be proponed befor the Committie and discussed by ther lordships, Lykeas the said persewer having adduced severall famous wittnesses befor the said Committie, They deponed, as their depositions extant in proces bears, And Sicklyke upon the eight day of May instant His Grace her Majesties high Commissioner and the Lords of her Majesties privie Councell having proceeded to advyse the above proces and the depositions of the wittnesses taken against William Davidsone and James Knox two of the defenders, against whom the persewer insisted primo Loco Being read and considered by their lordships, His Grace and the saids Lords have found and heirby Finds the forsaid Lybell Relivant and Sufficiently proven viz That ther was a violent and attrocious Rable against the Government wpon the day lybelled, and that the Lord Chancellor and other Lords of Councill in Coach with him wer violently assaulted and invaded wpon the streets the said day; And have found and heirby Finds it proven that the said William Davidson and James Knox wer guilty, actors, airt and pairt therin, And Recommends to the former Committie to meet to morrow at ten acloak and examine the wittnesses as to the rest of the defenders; and the said Committie having accordingly examined wittnesses as to the saids other defenders as ther depositions lykwayes extant in proces, His Grace her Majesties high Commissioner, and the Saids Lords of her Majesties Privie Councill having upon the day and date of thir presents Advysed the Said proces, And the depositions of the wittnesses taken against William Covintrie one of the defenders in the said proces being read and considered by his Grace and ther lordships, His Grace and the saids Lords of Privie Councill have Found and heirby Find it Sufficiently verified and proven that ther was a violent and attrocious Rable Against the Government upon the day lybelled, And that the Lord Chancellor and other Lords of Councill in Coach with him wer violently assaulted and invaded wpon the Streets the said day, And have found and heirby Finds it proven that the said William Covintrie was in the said Rable, And so farr accessory therto as to deserve the punishment aftermentioned, Therfore her Majesties high Commissioner and the saids Lords have appoynted, and ordained, and heirby Appoynts and Ordains the said William Covintrie to be disposed off to any officer of her Majesties forces in Holland And to be transported furth of this kingdome for Serveing her Majestie in Holland or elswher abroad, And in the mean tyme to ly in prison untill he be transported to Holland for that effect; And his Grace and the saids Lords have Banished and heirby Banishes the said William Covintrie furth of the kingdome of Scotland never to returne without her Majestie or the Councills order for that effect, And to enact himselfe to the effect forsaid.

At Holyroodhouse 10 May 1705

A1705/5/101

Decreet

Decreet her majesty’s advocate against rabblers

Concerning the libel or letters of complaint raised and pursued before the lords of her majesty’s privy council at the instance of Sir James Stewart, her majesty’ advocate, and by special warrant of the lords of her majesty’s privy council, mentioning that where by the laws of this and all other well governed realms, the raising of tumults is a most pernicious and unboundable violence contrary to all good government, and the safety and security of men’s lives and fortunes, the principal ends thereof, and therefor punishable in the severest manner. Likewise by the act of parliament Kin James II, parliament 14, cap. 77, James IV parliament 3 cap. 34, and James VI parliament 18 cap. 17, it is statute that there be no commotion nor rising of commons within burghs in hindering of the common law, and that if any[body] does in the contrary, their goods shall be confiscated to the king, and their lives be at the king’s will. And further that no person nor persons within burghs under whatsoever colour or pretext convoke or assemble themselves together at any occasion, except by the licence of their magistrates, and the persons transgressing to be punished in their bodies, goods, and gear with all rigour. Likewise by the act of parliament James VI parliament 16 cap. 4, it is statute that whatsoever person in time coming invades and pursues any of his highness’ session, secret council, or any of his highness’ officers, it being verified and tried that they were pursued and invaded for doing of his highness’ service, shall be punished to the death. Nevertheless it is of verity that there being certain malefactors to be executed to the death upon 11 April instant, and the lords of our privy council being met to give direction in that matter, there was upon the said day or one or other of the days of the said month a most insolent convocation made and tumult raised in the high street of Edinburgh by a mob and rabble, who shaking off all regard to our authority and laws did environ the lords of our council when set in council, pretending and threatening to overawe them. And when our said lords had done our business, and our chancellor with some of our council were going home after having ordered the execution of the said malefactors, the said rabble did tumultuously stop and assault his coach by stopping the horses and throwing stones at them and the coachman and at the coach, whereby the coachman was wounded to the effusion of his blood, and the coach glass broken, and our said chancellor and the said other lords violently forced to quit the coach, and retire for their safety. Likewise in prosecution of their said violence and wicked design, they called to shut the Netherbow Port to stop our chancellor’s way, and actually demanded the keys thereof, and shut the said port on purpose to keep out guards in the Canongate, and that they might more securely execute their designed mischief. In the which tumultuous convocation, commotion, and rabble James Knox, son to the deceased George Knox, stabler in Edinburgh, William Coventry, cordwainer in Mutriesiehill, David Oliphant, servant to Widow Blackie, hatmaker, William Halliday, wright, William Davidson, tailor in Canongate, and William Mceven, painter were actors, art and part by being present in the said rabble, stopping the said coach, throwing stones as said is, shutting or endeavouring to shut the Netherbow Port, or by one or other of the said actions or the like importing their concurrence in the said tumult and rabble. By all which they are actors, art and part in the said wicked and villainous convocation and rabble raised against the lords of our privy council, and our lord chancellor, and our royal authority, and highly agreeable by the circumstances above libelled, which being found proven, they ought to be punished by the sentence of the lords of our council in their persons and goods to the example and terror of others to commit the like in time coming. And concerning the charge given to the said defenders to have appeared personally before the said lords of our privy council at a certain day bygone to have answered to the foresaid complaint, and to have heard and seen such order and course taken therein as appertains, with certification as in the said letters and complaint and executions thereof at more length is contained. The within libel at the instance of Sir James Stewart, her majesty’s advocate, against James Knox and other rabblers being upon 1 May instant called, and the pursuers and defenders appearing personally at the bar, and the libel being read and the parties heard at the bar, his grace [John Campbell, duke of Argyll] her majesty’s high commissioner and the lords of her majesty’s privy council admit the libel to probation. And the witnesses being called in [and] made faith, the council nominates and appoints [Hugh Campbell] earl of Loudoun, [David Melville] earl of Leven, [John Hamilton], Lord Belhaven, [George Baillie of Jerviswood] treasurer depute, [Adam Cockburn] justice clerk, Mr Francis Montgomerie, and [Sir Patrick Johnston] the provost of Edinburgh to be a committee to examine the witnesses, and recommend to the said committee to meet tomorrow morning at 10 o’clock, and declare any three a quorum, and to report. And reserves all objections against the witnesses to be set out before the committee and discussed by their lordships. Likewise the said pursuer having adduced several famous witnesses before the said committee, they deponed as their depositions extant in process bear. And suchlike upon 8 May instant his grace her majesty’s high commissioner and the lords of her majesty’s privy council having proceeded to advise the above process and the depositions of the witnesses taken against William Davidson and James Knox, two of the defenders, against whom the pursuer insisted primo loco being read and considered by their lordships, his grace and the said lords have found and hereby find the foresaid libel relevant and sufficiently proven viz that there was a violent and atrocious rabble against the government upon the day libelled, and that the lord chancellor and other lords of council in coach with him were violently assaulted and invaded upon [in] the streets the said day. And have found and hereby find it proven that the said William Davidson and James Knox were guilty, actors, art and part therein. And recommend to the former committee to meet tomorrow at 10 o’clock and examine the witnesses as to the rest of the defenders. And the said committee having accordingly examined witnesses as to the said other defenders as [to] their depositions likewise extant in process, his grace her majesty’s high commissioner, and the said lords of her majesty’s privy council having upon the day and date of these present advised the said process, and the depositions of the witnesses taken against William Coventry, one of the defenders, in the said process being read and considered by his grace and their lordships, his grace and the said lords of privy council have found and hereby find it sufficiently verified and proven that there was a violent and atrocious rabble against the government upon the day libelled, and that the lord chancellor and other lords of council in coach with him were violently assaulted and invaded upon [in] the streets the said day, and have found and hereby find it proven that the said William Coventry was in the said rabble, and so far accessory thereto as to deserve the punishment after mentioned. Therefore her majesty’s high commissioner and the said lords have appointed and ordained, and hereby appoint and ordain the said William Coventry to be disposed of to any officer of her majesty’s forces in Holland and to be transported forth of this kingdom for serving her majesty in Holland or elsewhere abroad. And in the meantime to lie in prison until he be transported to Holland for that effect. And his grace and the said lords have banished and hereby banish the said William Coventry forth of the kingdom of Scotland never to return without her majesty’s or the council’s order for that effect, and to enact himself to the effect foresaid.

1. NRS, PC1/53, 401-3.

1. NRS, PC1/53, 401-3.

Act, 10 May 1705, Edinburgh

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Att Holyrudehouse the tenth day of May Jaj vijc and fyve years

A1705/5/91

Act

Decreet and Act Banishing William Durham a papist

Anent the lybell and Indytement raised and persued befor his Grace her Majesties high Commissioner, and the Lords of her Majesties privie Counsell at the instance of Sir James Steuart her Majesties Advocat for her highness interest Mentioning That wher ther are severall good Lawes and Acts of parliament, made against popery and papists especiallie against popish preists, Jesuits and trafficqueing papists that they should at least be banished furth of the realme; Lykeas by the third act of the parliament 1700. It is Statute that if it shall be proven that the preist Jesuit or trafficqueing papist browght in question, was held and repute to be such, or if it shall be proven that he hes changed his name or Sirname, and goes under another name, And with one or other of these alternatives Shall refuse to purge himselfe of popery by Swearing and Subscrybing the formula Contained in the said act, Shall be Sufficient ground to the Lords of her Majesties privie Counsell to banish him furth of the realme, with certificatione that if ever he returne therto being Still papist, he shall be punished with the paine of death, Nevertheless it is of veritie that yow William Durham being seased and apprehended as Suspect to be a popish preist or traffiqueing papist, yow did not only refuse to purge yorselfe of popery by takeing and subscrybeing the forsaid formula, but also acknowledged that yow had changed yor name, and Surname and gone under other names, which yow acknowledged under yor hand and cannot deney, and yet Still refused to purge yorselfe of popery by takeing the forsaid Formula And therfor according to the warrand of the forsaid Act of parliament, yow owght to be banished furth of the realme, with certification that if ever yow returne therto being Still papist, yow Shall be punished with the paine of death, Which Sentence bearing the certification forsaid ought to be past on yow Conforme to the said act of parliament by the Lords of Privie Counsell befor whom yow are heirby Sisted to the effect forsaid, The Lybell and Indytement at the instance of Sir James Steuart her Majesties Advocat Against William Durham being called and the perseuer Compearing personallie, And the defender also Compearing personallie at the Barr, and the lybell and indytement being read, and parties heard at the barr, His Grace her Majesties high Commissioner, and the Lords of her Majesties privie Counsell haveing considered the forsaid lybell with the defenders Judiciall acknowledgement at the barr, and Signed by him, wherby he acknowledges as his answer to the forsaid Lybell, that he is a papist, And as Such does refuse the Formula prescribed by the Act of parliament i700. And that he hes changed his name and used diverse names, Have found the Indytement proven by the Confession abovementioned, And therfor have Banished and heirby Banishes the said William Durham defender furth of this kingdome not to returne wnder the pain of death, And for that effect Appoynts and ordains the Magistrats of Edinburgh, and keeper of ther Tollbooth to Sett the said William Durham at liberty furth of ther said Tollbooth, wpon his giveing bond and finding Sufficient Caution acted in the books of privie Councell wnder the penaltie of fyve thousand merks Scots money that he Shall depairt furth of this kingdome, betwixt and the tenth day of June nixt to come, And report Sufficient Certificats of his being furth of this kingdome, and of her Majesties other dominions and beyond 2 betwixt and the first day of october nixt therafter And that in the mean tyme, he Shall live peaceablie wnder and with all Submission to her Majesties Government, And Shall not act, consult nor contryve any thing to the prejudice therof, nor converse, nor correspond with any of her Majesties rebells And that under the penaltie forsaid In case he trangress any pairt of the premisses.

At Holyroodhouse 10 May 1705

A1705/5/91

Act

Decreet and act banishing William Durham a papist

Concerning the libel and indictment raised and pursued before his grace [John Campbell, duke of Argyll] her majesty’s high commissioner, and the lords of her majesty’s privy council at the instance of Sir James Stewart, her majesty’s advocate, for her highness’ interest, mentioning that where there are several good laws and acts of parliament made against popery and papists, especially against popish priests, Jesuits, and trafficking papists, that they should at least be banished forth of the realm. Likewise by the third act of the parliament 1700, it is statute that if it shall be proven that the priest, Jesuit or trafficking papist brought in question, was held and repute to be such, or if it shall be proven that he has changed his name or surname, and goes under another name, and with one or other of these alternatives shall refuse to purge himself of popery by swearing and subscribing the formula contained in the said act, shall be sufficient ground to the lords of her majesty’s privy council to banish him forth of the realm, with certification that if ever he return thereto being still papist, he shall be punished with the pain of death. Nevertheless it is of verity that you, William Durham, being seized and apprehended as suspect to be a popish priest or trafficking papist, you did not only refuse to purge yourself of popery by taking and subscribing the foresaid formula, but also acknowledged that you had changed your name and surname and gone under other names, which you acknowledged under your hand and cannot deny, and yet still refused to purge yourself of popery by taking the foresaid formula. And therefor according to the warrant of the foresaid act of parliament, you ought to be banished forth of the realm, with certification that if ever you return thereto, being still papist, you shall be punished with the pain of death. Which sentence bearing the certification foresaid ought to be past on you conform to the said act of parliament by the lords of privy council before whom you are hereby cited to the effect foresaid. The libel and indictment at the instance of Sir James Stewart, her majesty’s advocate, against William Durham being called, and the pursuer appearing personally, and the defender also appearing personally at the bar, and the libel and indictment being read, and parties heard at the bar, his grace her majesty’s high commissioner and the lords of her majesty’s privy council having considered the foresaid libel, with the defender’s judicial acknowledgement at the bar, and signed by him, whereby he acknowledges as his answer to the foresaid libel, that he is a papist, and as such does refuse the formula prescribed by the act of parliament [of] 1700, and that he has changed his name and used diverse names, have found the indictment proven by the confession abovementioned. And therefor have banished and hereby banish the said William Durham, defender, forth of this kingdom, not to return under the pain of death. And for that effect appoint and ordain the magistrates of Edinburgh and keeper of their tolbooth to sett the said William Durham at liberty forth of their said tolbooth, upon his giving bond and finding sufficient caution acted in the books of privy council under the penalty of 5,000 merks Scots money, that he shall depart forth of this kingdom between [now] and 10 June next to come, and report sufficient certificates of his being forth of this kingdom, and of her majesty’s other dominions and beyond between [now] and 1 October next thereafter. And that in the meantime he shall live peaceably under and with all submission to her majesty’s government, and shall not act, consult, nor contrive anything to the prejudice thereof, nor converse, nor correspond with any of her majesty’s rebels. And that under the penalty foresaid in case he transgress any part of the premises.

1. NRS, PC1/53, 400-1.

2. An ink blot appears here, possibly obscuring an illegible word.

1. NRS, PC1/53, 400-1.

Sederunt, 10 May 1705, Edinburgh

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Att Holyrudehouse the tenth day of May Jaj vijc and fyve years1

A1705/5/82

Sederunt

Lord Chancellor; Marquis of Lothian; Earl of Crafurd; Earl of Loudoun; Earl of Levine; Earl of Glasgow; Lord Ard Campbell; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Proveist of Edinburgh

At Holyroodhouse 10 May 17051

A1705/5/82

Sederunt

[James Ogilvie, earl of Seafield] lord chancellor; Marquis of Lothian; [John Lindsay] earl of Crawford; [Hugh Campbell] earl of Loudoun; [David Melville] earl of Leven; [David Boyle] earl of Glasgow; Lord Archibald Campbell; [Sir Hew Dalrymple] lord president of session; [Sir James Stuart of Goodtrees] lord advocate; [George Baillie of Jerviswood] lord treasurer depute; [Adam Cockburn] lord justice clerk; [Sir Patrick Johnston] lord provost of Edinburgh

1. NRS, PC1/53, 400.

2. NRS, PC1/53, 400.

1. NRS, PC1/53, 400.

2. NRS, PC1/53, 400.