Tag Archives: 11 December 1705

Proclamation, 11 December 1705, Edinburgh

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Att Edinburgh the Ellevinth day of December one thousand Seven hundreth and fyve years

A1705/12/61

Proclamation

Proclamation explaining some clauses in the Commission for hindering the Importation of Irish victuall

Anne by the Grace of God Queen of Great Brittaine; France and Irland defender of the faith To […] Meacers of our privie Councell Messengers at armes our Shirreffs in that pairt Conjunctllie and Severallie Speciallie constitut Greeting, Forasmuchas by the severall acts of parliament the Importation of Irish victuall, and Irish horse, Kyne, and other Irish Cattell whatsomever, and all kind of Irish beeff, are Severaly prohibite wnder the pains therinmentioned to the great benefite and advantage of this kingdome, For which cause and for preventing all abuses contrary to the saids acts, and for the more exact performance and due execution therof, and the direction of all concerned, Especiallie of the Commissioners appointed by our privie Councell in the forsaid affair, Wee have thought fitt to explain and declaire the poynts following Therfore wee with advyce of the Lords of our privie Councell Doe in the first place declaire that wnder the forsaid designation of Irish kine, or other Irish cattell whatsomever, and all kind of Irish beeff, all Cattell great and Small, Sheep and others, as also all carcases or any pairt therof that may be for the food and Sustenance of man, are Comprehended, and wnderstood to be prohibite as if exprest in the saids acts, Secondly for explication of the forsaid prohibition of victuall ther is nothing to be excepted, Save that of the provision of vessells comeing from Irland, If they be Top-Saill vessells, Twentie four Stone of all victuall or graine whatsomever, with two Stone of butter and two Stone of Cheese, And of brocken beeff, mutton, pork or other flesh not exceeding the quantitie of ane herring barrell, Is only allowed, And if they be lesser vessells, Sixteen Stone of all graine or victuall whatsomever, with ane Stone and ane halfe of butter and ane Stone and ane half of Cheese, and proportionallie of flesh is only allowed, With this express declaration that no pairt of the said provision allowed, Shall be unloaded or brought on Shoar in any pairt of this realme, but Still keept aboard for the use of the saids vessells, wnder the pain in case of contravention, off the penalties and certifications contained in the saids acts Thirdly That for preventing all fraud in this matter, wnder the collour of transporting of victuall from one port or place to another in this kingdome, The provision in the act of parliament 1703. be Strictly observed viz wherby it is Statute and ordained that the transporters therof Shall bring certificats from the heretors or ther Factors, upon whose land the said victuall transported grew, testifieing the Same in the pryces, quantitie, and qualitie to be the growth therof, which certificate Shall be first Showen to the Judge ordinary of the port or place, to which the said transport is made befor the victuall be libered or unloaded, otherwayes the said victuall Shall be holden to be unlawfullie imported, And the importers, recepters, sellers, retaillers and the buyers lyable to all the pains of the said act, Lykeas the granters of the saids certificats if found to be false, or if the said Judge at the port or place to which the transport is pretended to be made Shall faillie in his duty, or anywayes connive against the true meaning of this act, they Shall be Lyable in the Same pains as if wnlawfull Importers, And Lastly Because to elide the pains appoynted by the saids acts against transgressors, wnder the degree of heretors, That they Shall be delyvered to Scots officers to be transported by them for recruits, when once discovered and convict, old men and women are often found to be imployed in the forsaid wnlarfull Import for evading of the forsaid personall punishment Therfor it is declaired that all Judges concerned are heirby authorized to punish the forsaids persons uncapable of the said personall punishment exprest in the said act, Corporallie in their bodies, If not eable to pay any fyne that may be thought Just (Lyfe and limb alewayes excepted) which explication and Intimation heirby declaired as said is, are to be observed Conforme to the forsaids acts of parliament In all poynts Our Will is Heirfore and wee charge yow strictly and Command that incontinent thir our Letters seen ye pass to the mercat cross of Edinburgh and other places needfull and therat in our name and authority, make publication heirof, that non pretend ignorance Given under our Signet att Edinburgh the Elevinth day of December, and of our reigne the fourth year 1705. Sic Subscribitur Queensberie C.P.S. Sutherland. Craufurd, Buchan Lauderdale. J Mortoun. Levine Findlater. Stair. Cromartie. Glasgow. Haddo. Hew Dalrymple W Anstruther.

Att Edinburgh 11 December 1705

A1705/12/61

Proclamation

Proclamation explaining some clauses in the commission for hindering the importation of Irish victual

Anne by the grace of God queen of Great Britain, France, and Ireland, defender of the faith, to […] macers of our privy council, messengers at arms, our sheriffs in that part conjunctly and severally specially constituted, greeting. Forasmuch as by the several acts of parliament the importation of Irish victual, and Irish horse, cows, and other Irish cattle whatsoever, and all kind of Irish beef, are severally prohibited under the pains therein mentioned, to the great benefit and advantage of this kingdom, for which cause and for preventing all abuses contrary to the said acts, and for the more exact performance and due execution thereof, and the direction of all concerned, especially of the commissioners appointed by our privy council in the foresaid affair, we have thought fit to explain and declare the points following. Therefore we with advice of the lords of our privy council do in the first place declare that under the foresaid designation of Irish cows, or other Irish cattle whatsoever, and all kind of Irish beef, all cattle great and small, sheep and others, as also all carcases or any part thereof that may be for the food and sustenance of man, are comprehended, and understood to be prohibited as if expressed in the said acts. Secondly for explication of the foresaid prohibition of victual there is nothing to be excepted, save that of the provision of vessels coming from Ireland, if they be topsail vessels, 24 stone of all victual or grain whatsoever, with two stone of butter and two stone of cheese, and of broken beef, mutton, pork, or other flesh not exceeding the quantity of one herring barrel, is only allowed, and if they be lesser vessels, sixteen stone of all grain or victual whatsoever, with one stone and one half of butter and one stone and one half of cheese, and proportionally of flesh is only allowed, with this express declaration that no part of the said provision allowed, shall be unloaded or brought on shore in any part of this realm, but still kept aboard for the use of the said vessels, under the pain in case of contravention of the penalties and certifications contained in the said acts. Thirdly that for preventing all fraud in this matter, under the colour of transporting of victual from one port or place to another in this kingdom, the provision in the act of parliament [of] 1703 be strictly observed viz whereby it is statute and ordained that the transporters thereof shall bring certificates from the heritors or their factors, upon whose land the said victual transported grew, testifying the same in the prices, quantities, and quality to be the growth thereof, which certificate shall be first shown to the judge ordinary of the port or place, to which the said transport is made before the victual be freed or unloaded, otherwise the said victual shall be held to be unlawfully imported, and the importers, receivers, sellers, retailers, and the buyers liable to all the pains of the said act. Likewise the granters of the said certificates, if found to be false, or if the said judge at the port or place to which the transport is pretended to be made, shall fail in his duty, or in any way connive against the true meaning of this act, they shall be liable in the same pains as if unlawful importers. And lastly because to elide the pains appointed by the said acts against transgressors, under the degree of heritors, that they shall be delivered to Scots officers to be transported by them for recruits, when once discovered and convicted, old men and women are often found to be employed in the foresaid unlawful import for evading of the foresaid personal punishment, therefor it is declared that all judges concerned are hereby authorised to punish the foresaid persons incapable of the said personal punishment expressed in the said act corporally in their bodies, if not able to pay any fine that may be thought just (life and limb always excepted), which explication and intimation hereby declared as said is, is to be observed conform to the foresaid acts of parliament in all points. Our will is therefore and we charge you strictly and command that immediately these our letters [are] seen you pass to the mercat cross of Edinburgh and other places needful and thereat in our name and authority, make publication hereof, that non pretend ignorance. Given under our signet at Edinburgh 11 December, and of our reign the fourth year 1705. Sic Subscribitur Queensberry privy seal; Sutherland; Crawford; Buchan; Lauderdale; Morton; Leven; Findlater; Stair; Cromartie; Glasgow; Haddo; Hew Dalrymple; W[illiam] Anstruther.

1. NRS, PC1/53, 433-4.

1. NRS, PC1/53, 433-4.

Order, 11 December 1705, Edinburgh

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Att Edinburgh the Ellevinth day of December one thousand Seven hundreth and fyve years

A1705/12/51

Order

Recommendation to the Theasaury In favours of Collonell Ogilvie and others

The proclamation explaining some clauses in the Commission granted by the Lords of her Majesties Privie Councell to Collonell Patrick Ogilvie, Sir John Shaw of Greenock and Sir Archibald Campbell of Clunies for hindering the Importation of Irish victuall Beeff, horse, Cattell, Butter, Cheese, and other prohibite goods being read, the Samen was voted, approven, Signed and appoynted to be published, printed and recorded And the saids Lords of her Majesties privie Councell for the better encouragment of the Commissioners forsaid In execution of their Said Commission, Doe heirby Recommend to the Lords Commissioners of her Majesties Theasaury To appoynt and declaire that her Majesties pairt of all fynes and penalties arysing from the contravention of the severall acts of parliament Specified in the said Commission, And falling to her Majestie by the Importers and resetters, Is to belong to the Saids Commissioners for ther own use and behooff, whoever be the first discovers of the said unlawfull and prohibite Import, And that the Saids discoverers and Seasurs make Lawfull intimation to the Saids Commissioners befor they make roup and dispose upon the Same And that the roup be alewayes made upon the Main Land, and not in any Island.

At Edinburgh 11 December 1705

A1705/12/51

Order

Recommendation to the treasury in favour of Colonel Ogilvie and others

The proclamation explaining some clauses in the commission granted by the lords of her majesty’s privy council to Colonel Patrick Ogilvie, Sir John Shaw of Greenock, and Sir Archibald Campbell of Clunes for hindering the importation of Irish victual, beef, horse, cattle, butter, cheese, and other prohibited goods being read, the same was voted, approved, signed, and appointed to be published, printed and recorded. And the said lords of her majesty’s privy council for the better encouragement of the commissioners foresaid in execution of their said commission, do hereby recommend to the lord commissioners of her majesty’s treasury to appoint and declare that her majesty’s part of all fines and penalties arising from the contravention of the several acts of parliament specified in the said commission, and falling to her majesty by the importers and receivers, is to belong to the said commissioners for their own use and benefit, whoever be the first discovers of the said unlawful and prohibited importation. And that the said discoverers and seizers make lawful intimation to the said commissioners before they make sale and dispose upon the same, and that the sale be always made upon the mainland, and not on any island.

1. NRS, PC1/53, 432-3.

1. NRS, PC1/53, 432-3.

Proclamation, 11 December 1705, Edinburgh

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Att Edinburgh the Ellevinth day of December one thousand Seven hundreth and fyve years

A1705/12/41

Proclamation

Proclamation Adjurneing the parliament to the 26 February nixt to come

Anne by the Grace of God Queen of Great Brittaine, France, and Irland defender of the faith To our Lyon King at armes, and his bretheren Heraulds, Meacers of our privie Councell, Pursevants, Messengers at armes our Shirreffs in that pairt Conjunctllie and Severallie Speciallie constitut, Greeting, Forasmuch as the present State of our affairs doe not requyre the meeting of our parliament of this our antient kingdome of Scotland So Soon as the Twentieth day of december instant to which it Stands by our authority Last adjurned, wee are therfor resolved to continue the said adjurnement from the said twentieth day of december instant to the Twentie Sixth day of February nixt to come, And that the members of our said parliament may not be putt to the trouble and charges of meeting upon the said twentieth day of december instant, Wee with advyce of the Lords of our Privie Councell Have Adjurned and heirby Adjurne our said Currant parliament from the said twentieth day of december instant To the twentie Sixth day of February nixt therafter, Requyreing heirby all the members therof to attend at Edinburgh the Said day in the usuall maner, and under the accustomed certificationes as by Law appoynted Our Will is Heirfore And wee charge yow Strictly and Command that in continent thir our2 Letters Seen ye pass to the mercat cross of Edinburgh, and to the mercat crosses of the remanent head burghs of the severall Shyres and Stewartries of this our antient kingdome, And ther in our name and authority make publict Intimatione that our said parliament is adjurned to the said twentie Sixth day of February nixt to come, And ordains these presents to be printed and published, Given wnder our Signet att Edinburgh the Elevinth day of december, And of our reigne the fourth year 1705. Sic Subscribitur Queensberie C.P.S. Sutherland. Buchan. Lauderdale. Levine. Mortoun. Stair. Glasgow. Findlater. Cromartie. Haddo. Hew Dalrymple. Adam Cockburne J Maxwell.

At Edinburgh 11 December 1705

A1705/12/41

Proclamation

Proclamation adjourning the parliament to 26 February next to come

Anne by the grace of God queen of Great Britain, France, and Ireland, defender of the faith, to our lyon king at arms and his brethren heralds, macers of our privy council, pursuivants, messengers at arms, our sheriffs in that part conjunctly and severally specially constituted, greeting. Forasmuch as the present state of our affairs does not require the meeting of our parliament of this our ancient kingdom of Scotland so soon as 20 December instant to which it stands by our authority last adjourned, we are therefor resolved to continue the said adjournment from the said 20 December instant to 26 February next to come. And that the members of our said parliament may not be put to the trouble and charges of meeting upon the said 20 December instant, we with advice of the lords of our privy council have adjourned and hereby adjourn our said currant parliament from the said 20 December instant to 26 February next thereafter, requiring hereby all the members thereof to attend at Edinburgh the said day in the usual manner, and under the accustomed certifications as by law appointed. Our will is therefore and we charge you strictly and command that immediately these our letters [are] seen you pass to the mercat cross of Edinburgh, and to the mercat crosses of the remanent head burghs of the several shires and stewartries of this our ancient kingdom, and there in our name and authority make public intimation that our said parliament is adjourned to the said 26 February next to come, and ordain these presents to be printed and published. Given under our signet at Edinburgh 11 December, and of our reign the fourth year 1705. Sic Subscribitur Queensberry privy seal; Sutherland; Buchan; Lauderdale; Leven; Morton; Stair; Glasgow; Findlater; Cromartie; Haddo; Hew Dalrymple; Adam Cockburn; J[ohn] Maxwell.

1. NRS, PC1/53, 432.

2. Insertion.

1. NRS, PC1/53, 432.

Letter: royal, 11 December 1705, Edinburgh

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Att Edinburgh the Ellevinth day of December one thousand Seven hundreth and fyve years

A1705/12/31

Letter: royal

Letter from the Queen for Adjurneing the parliament

Letter from the Queens Majestie To the Councell for Adjurneing the parliament to the Twentie Sixt day of February nixt to come being read the Same was ordered to be recorded, And a proclamation in the termes therof being prepared, the Same was read, signed and appoynted to be published, printed and Recorded.
Sic Supra Scribitur
Anne Regina
Right trustie and Right well beloved Cousine and Counsellor, Right trustie and intirely beloved Cousins and Councellors, Right trustie and well beloved Councellors and trustie and well beloved Councellors, Wee greet yow well; Wheras by the last act of the Last session of2 parliament of that our kingdome, the Same was declared Currant, and adjurned to the Twentieth day of december instant; And Seeing our affairs doe not yet requyre the meeting of our said parliament So Soon, Wee therfor authorise and requyre yow To issue furth a proclamation in our name, ordering the continuance of the adjournement of our said parliament from the Said twentieth of december instant to the Twentie Sixth day of February therafter, And ordaining all the members therof to attend that day att Edinburgh in the usuall manner, and under the Certifications accustomed, For doeing wherof this Shall be your warrand, And so wee bid yow heartily fairwell Given at our Court at St James’s the 3d day of december, and of our reigne the 4th year, By her Majesties Command Sic Subscribitur Mar.

At Edinburgh 11 December 1705

A1705/12/31

Letter: royal

Letter from the queen for adjourning the parliament

Letter from the queen’s majesty to the council for adjourning the parliament to 26 February next to come being read, the same was ordered to be recorded, and a proclamation in the terms thereof being prepared, the same was read, signed, and appoints to be published, printed, and recorded.
Sic Supra Scribitur
Anne Regina
Right trusty and right well beloved cousin and councillor, right trusty and entirely beloved cousins and councillors, right trusty and well beloved councillors and trusty and well beloved councillors, we greet you well. Whereas by the last act of the last session of parliament of that our kingdom, the same was declared currant, and adjourned to 20 December instant, and seeing our affairs do not yet require the meeting of our said parliament so soon, we therefor authorise and require you to issue forth a proclamation in our name, ordering the continuance of the adjournment of our said parliament from the said 20 December instant to 26 February thereafter, and ordaining all the members thereof to attend that day at Edinburgh in the usual manner, and under the certifications accustomed, for doing whereof this shall be your warrant. And so we bid yow heartily farewell. Given at our court at St James’s 3 December, and of our reign the fourth year. By her majesty’s command Sic Subscribitur Mar.

1. NRS, PC1/53, 432.

2. The phrase ‘session of’ is an insertion

1. NRS, PC1/53, 432.

Procedure, 11 December 1705, Edinburgh

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Att Edinburgh the Ellevinth day of December one thousand Seven hundreth and fyve years

A1705/12/21

Procedure

[Queensberry elected Preses]

In absence of the Lord high Chancellor and Lord President of Privie Councell, The Duke of Queensberrie elected preses.

At Edinburgh 11 December 1705

A1705/12/21

Procedure

[Queensberry elected preses]

In [the] absence of [James Ogilvie, earl of Seafield] the lord high chancellor and lord president of privy council, [James Douglas] the duke of Queensberry [was] elected preses.

1. NRS, PC1/53, 431.

1. NRS, PC1/53, 431.

Sederunt, 11 December 1705, Edinburgh

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Att Edinburgh the Ellevinth day of December one thousand Seven hundreth and fyve years1

A1705/12/12

Sederunt

Duke of Queensberrie; Earl of Craufurd; Earl of Sutherland; Earl of Mortoun; Earl of Buchan; Earl of Lauderdale; Earl of Findlater; Earl of Levine; Earl of Forfar; Earl of Cromartie; Earl of Stair; Earl of Glasgow; Lord Haddo; Lord President of Session; Lord Register; Lord Justice Clerk; Lord Ensteruther; Lord Pollock; Mr Fr Montgomrie; Laird of Ormiestoun; Lord Provest of Edinburgh

At Edinburgh 11 December 17051

A1705/12/12

Sederunt

[James Douglas] duke of Queensberry; [John Lindsay] earl of Crawford; [John Gordon] earl of Sutherland; [James Douglas] earl of Morton; [David Erskine] earl of Buchan; [John Maitland] earl of Lauderdale; [James Ogilvie] earl of Findlater; [David Melville] earl of Leven; [Archibald Douglas] earl of Forfar; [George Mackenzie] earl of Cromartie; [John Dalrymple] earl of Stair; [David Boyle] earl of Glasgow; [William Gordon] Lord Haddo; [Sir Hew Dalrymple] lord president of session; [Sir James Murray of Philiphaugh] lord register; [Adam Cockburn] lord justice clerk; [William Anstruther] Lord Anstruther; [Sir John Maxwell] Lord Pollock; Mr Francis Montgomerie; [John Cockburn] laird of Ormiston younger; [Sir Patrick Johnston] lord provost of Edinburgh

1. NRS, PC1/53, 431.

2. NRS, PC1/53, 431.

1. NRS, PC1/53, 431.

2. NRS, PC1/53, 431.