Order, 16 July 1702, Edinburgh

Att Edinburgh 16th July 1702

D1702/7/151

Order

Recommendation to the thesaury In favours of the Keepers of the Parliament house

Anent the petition given in to his Grace her majesties high Commisioner and the Lords of her majesties privie Counsell by Thomas Kennedy and John Johnstoun keepers of the parliament house, and David Miller under keeper thereof, Showeing That where the saids Lords haveing been Constantly in use to be Recomended by the parliament or ther Lordships to the Lords of her majesties Thesaurie for ther attendance dureing the sitting of the parliament, And Loss they Sustained by Sitting thereof in tyme of session, In the Same way and maner as the macers uses to be, as Likewayes the petitioners have been att the expenses in provydeing themselves with mourneings for his majestie of ever blessed memory and Therefore Craveing to the effect after mentioned as the said petition beares. The Lords of his majestis Councill haveing Considered this petition Given in to them, by Thomas Kennedy and John Johnstoun, keepers of the parliament house and David Miller under keeper thereof, They doe hereby recomend the petitioners to the Lords Commissioners of her majesties Thesaurie for ane allowance Suteable to ther loss expence and pains

Att Edinburgh 16th July 1702

D1702/7/151

Order

Recommendation to the thesaury In favours of the Keepers of the Parliament house

Anent the petition given in to his Grace her majesties high Commisioner and the Lords of her majesties privie Counsell by Thomas Kennedy and John Johnstoun keepers of the parliament house, and David Miller under keeper thereof, Showeing That where the saids Lords haveing been Constantly in use to be Recomended by the parliament or ther Lordships to the Lords of her majesties Thesaurie for ther attendance dureing the sitting of the parliament, And Loss they Sustained by Sitting thereof in tyme of session, In the Same way and maner as the macers uses to be, as Likewayes the petitioners have been att the expenses in provydeing themselves with mourneings for his majestie of ever blessed memory and Therefore Craveing to the effect after mentioned as the said petition beares. The Lords of his majestis Councill haveing Considered this petition Given in to them, by Thomas Kennedy and John Johnstoun, keepers of the parliament house and David Miller under keeper thereof, They doe hereby recomend the petitioners to the Lords Commissioners of her majesties Thesaurie for ane allowance Suteable to ther loss expence and pains

1. NRS, PC2/28, 183v.

1. NRS, PC2/28, 183v.

Sederunt, 16 July 1702, Edinburgh

Att Edinburgh 16th July 17021

D1702/7/142

Sederunt

Lord Chancellor; Earl of Melvill; Earl of Lauderdale; Earl of Loudoun; Earl of Leivan; Earl of Northesk; Earl of Kintore; Earl of Hyndfoord; Viscount Tarbat; Viscount Teviot; Viscount Roseberie; Lord Strathnaver; Lord Montgomery; Lord Forbes; Lord Boyl; Lord president of session; Lord advocat; Lord Thesaurer deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Phesdo; Mr Fra: Montgomry

Att Edinburgh 16th July 17021

D1702/7/142

Sederunt

Lord Chancellor; Earl of Melvill; Earl of Lauderdale; Earl of Loudoun; Earl of Leivan; Earl of Northesk; Earl of Kintore; Earl of Hyndfoord; Viscount Tarbat; Viscount Teviot; Viscount Roseberie; Lord Strathnaver; Lord Montgomery; Lord Forbes; Lord Boyl; Lord president of session; Lord advocat; Lord Thesaurer deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Phesdo; Mr Fra: Montgomry

1. NRS, PC2/28, 183v.

2. NRS, PC2/28, 183v.

1. NRS, PC2/28, 183v.

2. NRS, PC2/28, 183v.

Procedure, 16 July 1702, Edinburgh

Att Edinburgh The Sixteenth day of July Jaj viic and two years

A1702/7/181

Procedure

The Viscount of Teviot qualified himself

The Viscount of Teviot Swore the oath of alledgance and Signed the Same with the assurance and the Lord Chancelor tendered the oath de fideli to his Lordship.

Att Edinburgh The Sixteenth day of July Jaj viic and two years

A1702/7/181

Procedure

The Viscount of Teviot qualified himself

The Viscount of Teviot Swore the oath of alledgance and Signed the Same with the assurance and the Lord Chancelor tendered the oath de fideli to his Lordship.

1. NRS, PC1/52, 412.

1. NRS, PC1/52, 412.

Judicial Proceeding, 16 July 1702, Edinburgh

Att Edinburgh The Sixteenth day of July Jaj viic and two years

A1702/7/171

Judicial Proceeding

Letters of Intercomuning, The Lady Lovat. against Frasers. and others

Anne by the Grace of God Queen of Great Brittain France and Ireland defender of the faith to […] Macers of our privy Councill, messengers at armes, our Shirriffs in that part Conjunctllie and Severallie Speciallie Greeting Forasmuchas Wee and the Lords of our privy Councill Understanding that upon the Twenty one day of March Jaj viic and one years William Fraser of Ercherd Alexander Fraser Younger of Caldowholl, Hutchan Oig alias Fraser in Leadetrie Thomas Howstoune Sone to the minister of Strathherrick Alexander Fraser Sone to Miggavie Tawis Fraser brother to John Fraser of Litle Girth and Heugh Fraser brother to William Fraser of Ercherd Ware orderly and duely denunced our rebells and put to our horne be vertue of Letters of denunication raised at the instance of Emelia Lady Dowager of Lovit against them for their not Compearing before our Lord Justice Generall, Justice Clerk and Lords Commissioners of our Justiciary to have under lyen the Law for the Crimes after specified Viz For the fornamed persones their Committing of a most violent and wicked rapt and hamesuken upon the person of the Said Emelia Lady Dowager of Lovit and for entering invadeing and possessing by a violent and hostile maner the house of Castledouny wher the said Lady Lovat hade her residence with her family; and their makeing the said Lady Closs prisoner by setting sentinells on her in her oune Chamber without and within doors; And for the fornamed persones their wicked designe to ravish the said Lady by forcibly carieing from her, her waiting maids; And for tearing the Said Lady from them when She cryed out and took hold on their Cloathes that they might not be caried away And for makeing the Lady and her maids prisoners in another roome, all which was done in the Night time; and for the Saids persones their pretending to Cover the said violence and rapt by the pretext of a Sham mariage and persisting in the Same when the said Lady fell a Crying and 2 weeping the great bagg pipe was blowen up in the nixt roome, that her Cryes might not be heard, and for the saids persones their still persisting and prosecuteing their wicked designe of Ravishment by their entering the Ladies Chamber and their continueing their violences upon her person in presence of one of her maids whom they hade sent for by two of them armed to take off the Ladies Cloaths, The Saids persones at Last removed the maid also; and as the Lady Cryed the bagg pipe was Still ordered to drown her Cryes As also for the forsaids persones their takeing and Carieing away the said Lady from her house in Castle Downie to severall other places in the wild Mountaines for Severall dayes all the while they being in armes, And also for their refuseing Contemning and disobeying the orders of our Privy Councill to sett the said Lady at Libertie And for other Crimes mentioned in the Letters of Denunication, As the Samen with the executione, duely registrat in the books of adjournall Showen to the Saids Lords bears Att the process of which horning and denunciation the haill fornamed persones yet remaines and abydes takeing no fear nor regaird therof But dayly haunts frequents and repairs to Kirk Marcat and other publict places and travells about armed with Companies of men Sorning upon our free leidges exacting and Levieing money from them and the said Ladies tennents and Chamberlands As if they were free Leidges and no Such crymes hade been Committed by them giveing therby evill example to others to committ the Like herafter Likeas the Lords of our privy Councill by their act of the day and date hereof upon the said Ladies representation to them have ordained thir our Letters of intercomuneing to be direct at the said Ladies instance against the said William Fraser Alexander Fraser Hutcheon Oig alias Fraser Thomas Howiston Alexander Fraser Tawis Fraser and Heugh Fraser in maner and to the effect underwryten Our Will is Heirfore and wee charge yow Straitly and Command that incontinent these our Letters Seen yee pass to the Marcat Cross of […] and other places needfull and therat in our name and authority Command and Charge all and Sundrie our leidges and Subjects that non of them presume nor take upon hand to resett Supplie nor intercomune with the saids rebells nor furnish them with meat drink house harbour pouder bullets armours vittalls baits vessells nor no other thing Confortable3 to them nor Receive their goods in keeping nor Transport them to and frae ferries nor have Intelligence with them by word wryte or message under whatsomever Collour or pretext under the pain of being repute holden and Esteemed as airt and pairt with them in their oppressione rebelious and Wicked Deeds and be punished with all rigour and extremity to the teror of others And Sicklyk to Command and charge all our Leidges who are under Assurance or bounds of Freendshipp with the Saids Rebells to Renunce and Discharge the Samen bonds and Assurances and to Entertain No felowshipp nor Society with them hereafter but to repute and Esteem them as notorious rebells oppressors and high Contemners of our Authoritie and Laws with Certificatione to them who shall keep and Entertain the Saids bonds and shall not Discharge the Samen in maner forsaid that they shall be repute holden and Esteemed as airt and partakers With them in there Wicked Deeds and practises Given under our Signet at Edinburgh the Sixteenth day of Jully and of our reign the first year 1702 Per Actum Dominorum Secreti Concillii.

Att Edinburgh The Sixteenth day of July Jaj viic and two years

A1702/7/171

Judicial Proceeding

Letters of Intercomuning, The Lady Lovat. against Frasers. and others

Anne by the Grace of God Queen of Great Brittain France and Ireland defender of the faith to […] Macers of our privy Councill, messengers at armes, our Shirriffs in that part Conjunctllie and Severallie Speciallie Greeting Forasmuchas Wee and the Lords of our privy Councill Understanding that upon the Twenty one day of March Jaj viic and one years William Fraser of Ercherd Alexander Fraser Younger of Caldowholl, Hutchan Oig alias Fraser in Leadetrie Thomas Howstoune Sone to the minister of Strathherrick Alexander Fraser Sone to Miggavie Tawis Fraser brother to John Fraser of Litle Girth and Heugh Fraser brother to William Fraser of Ercherd Ware orderly and duely denunced our rebells and put to our horne be vertue of Letters of denunication raised at the instance of Emelia Lady Dowager of Lovit against them for their not Compearing before our Lord Justice Generall, Justice Clerk and Lords Commissioners of our Justiciary to have under lyen the Law for the Crimes after specified Viz For the fornamed persones their Committing of a most violent and wicked rapt and hamesuken upon the person of the Said Emelia Lady Dowager of Lovit and for entering invadeing and possessing by a violent and hostile maner the house of Castledouny wher the said Lady Lovat hade her residence with her family; and their makeing the said Lady Closs prisoner by setting sentinells on her in her oune Chamber without and within doors; And for the fornamed persones their wicked designe to ravish the said Lady by forcibly carieing from her, her waiting maids; And for tearing the Said Lady from them when She cryed out and took hold on their Cloathes that they might not be caried away And for makeing the Lady and her maids prisoners in another roome, all which was done in the Night time; and for the Saids persones their pretending to Cover the said violence and rapt by the pretext of a Sham mariage and persisting in the Same when the said Lady fell a Crying and 2 weeping the great bagg pipe was blowen up in the nixt roome, that her Cryes might not be heard, and for the saids persones their still persisting and prosecuteing their wicked designe of Ravishment by their entering the Ladies Chamber and their continueing their violences upon her person in presence of one of her maids whom they hade sent for by two of them armed to take off the Ladies Cloaths, The Saids persones at Last removed the maid also; and as the Lady Cryed the bagg pipe was Still ordered to drown her Cryes As also for the forsaids persones their takeing and Carieing away the said Lady from her house in Castle Downie to severall other places in the wild Mountaines for Severall dayes all the while they being in armes, And also for their refuseing Contemning and disobeying the orders of our Privy Councill to sett the said Lady at Libertie And for other Crimes mentioned in the Letters of Denunication, As the Samen with the executione, duely registrat in the books of adjournall Showen to the Saids Lords bears Att the process of which horning and denunciation the haill fornamed persones yet remaines and abydes takeing no fear nor regaird therof But dayly haunts frequents and repairs to Kirk Marcat and other publict places and travells about armed with Companies of men Sorning upon our free leidges exacting and Levieing money from them and the said Ladies tennents and Chamberlands As if they were free Leidges and no Such crymes hade been Committed by them giveing therby evill example to others to committ the Like herafter Likeas the Lords of our privy Councill by their act of the day and date hereof upon the said Ladies representation to them have ordained thir our Letters of intercomuneing to be direct at the said Ladies instance against the said William Fraser Alexander Fraser Hutcheon Oig alias Fraser Thomas Howiston Alexander Fraser Tawis Fraser and Heugh Fraser in maner and to the effect underwryten Our Will is Heirfore and wee charge yow Straitly and Command that incontinent these our Letters Seen yee pass to the Marcat Cross of […] and other places needfull and therat in our name and authority Command and Charge all and Sundrie our leidges and Subjects that non of them presume nor take upon hand to resett Supplie nor intercomune with the saids rebells nor furnish them with meat drink house harbour pouder bullets armours vittalls baits vessells nor no other thing Confortable3 to them nor Receive their goods in keeping nor Transport them to and frae ferries nor have Intelligence with them by word wryte or message under whatsomever Collour or pretext under the pain of being repute holden and Esteemed as airt and pairt with them in their oppressione rebelious and Wicked Deeds and be punished with all rigour and extremity to the teror of others And Sicklyk to Command and charge all our Leidges who are under Assurance or bounds of Freendshipp with the Saids Rebells to Renunce and Discharge the Samen bonds and Assurances and to Entertain No felowshipp nor Society with them hereafter but to repute and Esteem them as notorious rebells oppressors and high Contemners of our Authoritie and Laws with Certificatione to them who shall keep and Entertain the Saids bonds and shall not Discharge the Samen in maner forsaid that they shall be repute holden and Esteemed as airt and partakers With them in there Wicked Deeds and practises Given under our Signet at Edinburgh the Sixteenth day of Jully and of our reign the first year 1702 Per Actum Dominorum Secreti Concillii.

1. NRS, PC1/52, 409-11.

2. Several illegible characters scored out here.

3. Sic.

1. NRS, PC1/52, 409-11.

2. Several illegible characters scored out here.

3. Sic.

Act, 16 July 1702, Edinburgh

Att Edinburgh The Sixteenth day of July Jaj viic and two years

A1702/7/161

Act

Act In favors of the Lady Dowager of Lovat

Anent a Petition given in to the Lords of her Majesties privy Councill be Emelia Lady dowager of Lovat Shewing That wheras Captain Simion Fraser William Fraser of Erchard, Alexander Fraser younger of Caldowholl, Hutcheon Oig alias Fraser in Leaidichie Thomas Houston Son to the Minister of Stratherick Alexander Fraser Sone to Meggavie, Tawis Fraser brother to John Fraser of Litle-garth, Heugh Fraser, brother to William Fraser of Erchard were be vertue of ane act of the Justice Court holden by the Justice Generall; Justice Clerk and Commissioners of Justiciary at Edinburgh the Seventeinth day of February Jaj viic one years Declared rebells outlawes and fugatives as being guilty of the crimes of rapt and hamesucken Committed by them and their associats upon the petitioner her persone, a sad and disconsolat widow Liveing peacably in her oun house; and therafter Detaineing her prisoner by bands of Armed men with many others horid and barbarous Circumstances Upon which act and Letters of denunication following therupon; The Saids Lords upon application by the petitioner upon the Nynteinth day of February Last were pleased to grant Letters of intercomuneing against the said Captain Simion Fraser ther being no more desired at that time by the petitioner, In hopes that the fore-named persones his associats might have applyed to have their fugitation taken off; And become peaceable and good Subjects; Bot they have so far disappointed the petitioner expectation that they Still cotninue in their barbarous and ill designes and violent and Illegall practises; In so farr as they did not only associat and keep Company with the Said Captain Simion Fraser after that he was intercommuned and goe in Company with him to the petitioner and her daughter their tennents and Servants, and force them to give money by threatenings and quartering upon them while they payed it, But also Since the said Captain Simon has fled out of the kingdom they have prevailled with John Fraser brother to the said Captain Simon (a Simple young man) to associat with them; and does continue their Illegall and violent practises; by exacting of money by force from the petitioner and her daughter their tennents by entering into bands and associationes to resist the Law by force of Armes; and forced other good and peacable people to Subscrib the Saids bands, and violently intromitting with and uplifting the petitioner and her daughter their rents Wherby they have Cast much of the Land waste, And deprived the petitioner and her daughter of the mean of their Subsistance; and their Just and Lawfull Creditors of their annualrents in Contempt of Justice And to the Scandall of the Government And Therfore Humbly Craveing the Saids Lords would be pleased to ordaine the forsaid Seven fugatives to be Likewayes intercomuned and that Letters may be directed for that effect As the said petition bears The Lords of her Majesties privy Councill haveing Considered the above petition given in to them be the above Emelia Lady Dowager of Lovat with ane Letter from her Majestie to the Councill theranent They hereby Allow Letters of intercomuneing to be direct at her instance against the above, William Fraser of Erchard, Alexand Fraser Younger of Coldowholl Hutchan Oig alias Fraser in Leadehie Thomas Howiston Sone to the Minister of Strathberrick Alexander Fraser Sone to Miggavie Tawis Fraser brother to John Fraser of Litle Garth and Heugh Fraser brother to William Fraser of Ercherd in due forme As also gives order and warrand to her Majesties forces as they shall be requyred to give Concurrence for apprehending the Saids rebells and preventing and restricting the progress of any violence or lawless procedure that shall be done by them.

Att Edinburgh The Sixteenth day of July Jaj viic and two years

A1702/7/161

Act

Act In favors of the Lady Dowager of Lovat

Anent a Petition given in to the Lords of her Majesties privy Councill be Emelia Lady dowager of Lovat Shewing That wheras Captain Simion Fraser William Fraser of Erchard, Alexander Fraser younger of Caldowholl, Hutcheon Oig alias Fraser in Leaidichie Thomas Houston Son to the Minister of Stratherick Alexander Fraser Sone to Meggavie, Tawis Fraser brother to John Fraser of Litle-garth, Heugh Fraser, brother to William Fraser of Erchard were be vertue of ane act of the Justice Court holden by the Justice Generall; Justice Clerk and Commissioners of Justiciary at Edinburgh the Seventeinth day of February Jaj viic one years Declared rebells outlawes and fugatives as being guilty of the crimes of rapt and hamesucken Committed by them and their associats upon the petitioner her persone, a sad and disconsolat widow Liveing peacably in her oun house; and therafter Detaineing her prisoner by bands of Armed men with many others horid and barbarous Circumstances Upon which act and Letters of denunication following therupon; The Saids Lords upon application by the petitioner upon the Nynteinth day of February Last were pleased to grant Letters of intercomuneing against the said Captain Simion Fraser ther being no more desired at that time by the petitioner, In hopes that the fore-named persones his associats might have applyed to have their fugitation taken off; And become peaceable and good Subjects; Bot they have so far disappointed the petitioner expectation that they Still cotninue in their barbarous and ill designes and violent and Illegall practises; In so farr as they did not only associat and keep Company with the Said Captain Simion Fraser after that he was intercommuned and goe in Company with him to the petitioner and her daughter their tennents and Servants, and force them to give money by threatenings and quartering upon them while they payed it, But also Since the said Captain Simon has fled out of the kingdom they have prevailled with John Fraser brother to the said Captain Simon (a Simple young man) to associat with them; and does continue their Illegall and violent practises; by exacting of money by force from the petitioner and her daughter their tennents by entering into bands and associationes to resist the Law by force of Armes; and forced other good and peacable people to Subscrib the Saids bands, and violently intromitting with and uplifting the petitioner and her daughter their rents Wherby they have Cast much of the Land waste, And deprived the petitioner and her daughter of the mean of their Subsistance; and their Just and Lawfull Creditors of their annualrents in Contempt of Justice And to the Scandall of the Government And Therfore Humbly Craveing the Saids Lords would be pleased to ordaine the forsaid Seven fugatives to be Likewayes intercomuned and that Letters may be directed for that effect As the said petition bears The Lords of her Majesties privy Councill haveing Considered the above petition given in to them be the above Emelia Lady Dowager of Lovat with ane Letter from her Majestie to the Councill theranent They hereby Allow Letters of intercomuneing to be direct at her instance against the above, William Fraser of Erchard, Alexand Fraser Younger of Coldowholl Hutchan Oig alias Fraser in Leadehie Thomas Howiston Sone to the Minister of Strathberrick Alexander Fraser Sone to Miggavie Tawis Fraser brother to John Fraser of Litle Garth and Heugh Fraser brother to William Fraser of Ercherd in due forme As also gives order and warrand to her Majesties forces as they shall be requyred to give Concurrence for apprehending the Saids rebells and preventing and restricting the progress of any violence or lawless procedure that shall be done by them.

1. NRS, PC1/52, 407-9.

1. NRS, PC1/52, 407-9.

Letter: royal, 16 July 1702, Edinburgh

Att Edinburgh The Sixteenth day of July Jaj viic and two years

A1702/7/151

Letter: royal

Letter from the Queen to the Councill for putting the Lawes in execution against Captain Simion Fraser

Letter from the Queen to the Councill for puting the Lawes in Execution against Captain Simeon Fraser being Read was ordered to be Recorded wherof the tenor followes.
Supra Scribitur Anne Regina
Right Trusty and right well beloved Cousin and Councillor; Right trusty and intirely beloved Cousins and Councillors Right trusty and Right well beloved Cousins and Councillors Right trusty and well beloved Cousines and Councillors Right trusty and well beloved Councillors, And trusty and well beloved Councillors; Wee Greet yow well; Wheras wee understand that Captain Simion Fraser has been guilty of Severall very enormous crimes; And it being for the honour and intrest of our Government that Such offenders be brought to condigne punishment Wee doe Therfore Authorize and requyre yow to use all Dilligence and care for finding out and apprehending the said Captain Fraser; That the Lawes may be put in due execution against him; So wee bid yow heartily farewell; Given at our Court at St James’s the 15th day of May 1702 And of our Reigne the first year. By her Majesties Command Sic Subscribitur Seafeild.

Att Edinburgh The Sixteenth day of July Jaj viic and two years

A1702/7/151

Letter: royal

Letter from the Queen to the Councill for putting the Lawes in execution against Captain Simion Fraser

Letter from the Queen to the Councill for puting the Lawes in Execution against Captain Simeon Fraser being Read was ordered to be Recorded wherof the tenor followes.
Supra Scribitur Anne Regina
Right Trusty and right well beloved Cousin and Councillor; Right trusty and intirely beloved Cousins and Councillors Right trusty and Right well beloved Cousins and Councillors Right trusty and well beloved Cousines and Councillors Right trusty and well beloved Councillors, And trusty and well beloved Councillors; Wee Greet yow well; Wheras wee understand that Captain Simion Fraser has been guilty of Severall very enormous crimes; And it being for the honour and intrest of our Government that Such offenders be brought to condigne punishment Wee doe Therfore Authorize and requyre yow to use all Dilligence and care for finding out and apprehending the said Captain Fraser; That the Lawes may be put in due execution against him; So wee bid yow heartily farewell; Given at our Court at St James’s the 15th day of May 1702 And of our Reigne the first year. By her Majesties Command Sic Subscribitur Seafeild.

1. NRS, PC1/52, 407.

1. NRS, PC1/52, 407.

Procedure, 16 July 1702, Edinburgh

Att Edinburgh The Sixteenth day of July Jaj viic and two years

A1702/7/141

Procedure

Approbation of the report of Captain Johnstones Signeing the formula

Anent the Report of the formulla disouning and abhoreing popery Sworne and Signed by Captain John Johnstone Given in to the Lords of her Majesties privy Councill Wherof the tenor Followes Viz I Captain John Johnstone Brother to the Marques of Annandale Doe Sincerely from my heart profess and declare before God who Searcheth the heart; That I doe deny Disoun and abhore these tenets and doctrines of the papal Romish Church viz the Supreamacy of the pope and Bishope of Rome over all pastures of the Cathalick Church; His power and authority over Kings, Princes and States, and the infalability That he pretends to either without or with a Generall Councill His power of Dispensing and pardoning; The Doctrine of Transubstantiation and the Corporall presence with the Communion without the Cupe in the Sacrament of the Lords Supper; The Adoration and Sacrafice professed and practised by the popish Church in the Mass; The Innvocation of Angells and Saints; The Worshiping of Images, Crosses and Relicts; The Doctrine of Supererogation Indulgences and purgatory and the Service and worship in ane unknown tongue, All which tenets and Doctrines of the said Church; I beleive to be Contrary to and inconsistant with the wryten word of God; And I do from my heart deny disoun and disclame the said doctrines and tenets of the Church of Rome as in the presence of God; without any equivocation or mentall reservation; But according to the known and plaine meaning of the words As to me offered and proposed; So help me God. Sic Subscribitur John Johnston, Att her Majesties palace of Holyruidhouse the Eleventh of July 1702 In presence of his Grace James Duke of Queensbery her Majesties high Commissioner Compeared the abovenamed Captain John Johnstone and did Swear and Subscrybe the above formula Conforme to the act of parliament as is attested by us and James Earle of Seafeild Secretary of State Sic Subscribitur Queensberry Commissioner Annandale, Seafeild. The Lords of her Majesties privy Councill haveing heard and Considered the above report Given in to them by Sir Gilbert Eliot their Clerk Subscrybed by his Grace her Majesties high Commissioner The Marques of Annandale and Earle of Seafeild anent Captain John Johnstone brother to the Marques of Annandale his Signeing the formula and denying disouning and abhoreing the tenets and doctrines of the papall Romish Church; They Approve therof; And Ordaines the Same to be Recorded in the books of privy Councill Conforme to Law.

Att Edinburgh The Sixteenth day of July Jaj viic and two years

A1702/7/141

Procedure

Approbation of the report of Captain Johnstones Signeing the formula

Anent the Report of the formulla disouning and abhoreing popery Sworne and Signed by Captain John Johnstone Given in to the Lords of her Majesties privy Councill Wherof the tenor Followes Viz I Captain John Johnstone Brother to the Marques of Annandale Doe Sincerely from my heart profess and declare before God who Searcheth the heart; That I doe deny Disoun and abhore these tenets and doctrines of the papal Romish Church viz the Supreamacy of the pope and Bishope of Rome over all pastures of the Cathalick Church; His power and authority over Kings, Princes and States, and the infalability That he pretends to either without or with a Generall Councill His power of Dispensing and pardoning; The Doctrine of Transubstantiation and the Corporall presence with the Communion without the Cupe in the Sacrament of the Lords Supper; The Adoration and Sacrafice professed and practised by the popish Church in the Mass; The Innvocation of Angells and Saints; The Worshiping of Images, Crosses and Relicts; The Doctrine of Supererogation Indulgences and purgatory and the Service and worship in ane unknown tongue, All which tenets and Doctrines of the said Church; I beleive to be Contrary to and inconsistant with the wryten word of God; And I do from my heart deny disoun and disclame the said doctrines and tenets of the Church of Rome as in the presence of God; without any equivocation or mentall reservation; But according to the known and plaine meaning of the words As to me offered and proposed; So help me God. Sic Subscribitur John Johnston, Att her Majesties palace of Holyruidhouse the Eleventh of July 1702 In presence of his Grace James Duke of Queensbery her Majesties high Commissioner Compeared the abovenamed Captain John Johnstone and did Swear and Subscrybe the above formula Conforme to the act of parliament as is attested by us and James Earle of Seafeild Secretary of State Sic Subscribitur Queensberry Commissioner Annandale, Seafeild. The Lords of her Majesties privy Councill haveing heard and Considered the above report Given in to them by Sir Gilbert Eliot their Clerk Subscrybed by his Grace her Majesties high Commissioner The Marques of Annandale and Earle of Seafeild anent Captain John Johnstone brother to the Marques of Annandale his Signeing the formula and denying disouning and abhoreing the tenets and doctrines of the papall Romish Church; They Approve therof; And Ordaines the Same to be Recorded in the books of privy Councill Conforme to Law.

1. NRS, PC1/52, 406-7.

1. NRS, PC1/52, 406-7.

Procedure, 16 July 1702, Edinburgh

Att Edinburgh The Sixteenth day of July Jaj viic and two years

A1702/7/131

Procedure

Commission In favors of John Hogg to be a Macer of parliament privy Councill and Exchequer

Commission under Majesties privy Seall of this kingdome In favors of John Hoge merchant in Edinburgh to be ane macer before the privy Councill Read and ordered to be Recorded; And the said John Hogg being called in Did Swear the Oath of alledgance and Subscrybed the Same with the assurance to her Majestie and the Lord Chancelor did tender the oath de fideli to him and he was admitted one of the macers of privy Councill accordingly.
Followes the tenor of the forsaid Commission
Anne by the Grace of God Queen of Great Brittain France and Ireland defender of the faith Forasmuchas Wee Considering that the place and office of one of the ordinary Macers before the Lords of our privy2 Councill Exchequer and Commissiones in our ancient kingdome of Scotland is now vacant in our hands and at our Royall Gift and disposition Through the decease of Robert Currie Last possessor therof; And being informed of the Loyaltie and Sufficiencie of John Hogge Merchant in Edinburgh for exerceing the said office; Therfore Witt ye use to have nominated, Constituted and appointed; Likeas Wee with advice and Consent of the Lords and others Commissioners of our Thesaury and Exchequer of our said Kingdome by these presents Nominat Constitute and Appoint the said John Hogg dureing all the dayes of his Lifetime to be one of the saids Macers before the parliament privy Councill Exchequer and Commissions And a Serjand at armes Giveing Granting and Disponeing to him the said place and offices with all fies duties profitts Emoluments and Casualities whatsoever therinto belonging with power to the said John Hogge to use and exerce the said offices and to uplift and receive the fies and profitts therof dureing the Space forsaid as fully and amply as the said deceast Robert Currie or any others his predecessors Macers aforsaid, and Specially the yearly fie and Sallary of Fiftie pounds Sterling money as the Ordinary Sallary of one of the saids Macers Commanding hereby the saids Lords of our privy Councill Exchequer and Commissiones to Admitt and receive the said John Hogge into the Saids offices; And to Authorize him with ther Testimoniall of Admission therto; And to administer to him the oath de fideli administratione and others as in Such caices is appointed by Law; Given under our privy Seall at our Court at St James’s the 25th day of June i702 and of our Reigne the first year; Per Signaturam Manu S:D:N Regina Supra Scribitur. Manibus qr Commissionariorum Thesaurarii Seaccarii Subscribitur.

Att Edinburgh The Sixteenth day of July Jaj viic and two years

A1702/7/131

Procedure

Commission In favors of John Hogg to be a Macer of parliament privy Councill and Exchequer

Commission under Majesties privy Seall of this kingdome In favors of John Hoge merchant in Edinburgh to be ane macer before the privy Councill Read and ordered to be Recorded; And the said John Hogg being called in Did Swear the Oath of alledgance and Subscrybed the Same with the assurance to her Majestie and the Lord Chancelor did tender the oath de fideli to him and he was admitted one of the macers of privy Councill accordingly.
Followes the tenor of the forsaid Commission
Anne by the Grace of God Queen of Great Brittain France and Ireland defender of the faith Forasmuchas Wee Considering that the place and office of one of the ordinary Macers before the Lords of our privy2 Councill Exchequer and Commissiones in our ancient kingdome of Scotland is now vacant in our hands and at our Royall Gift and disposition Through the decease of Robert Currie Last possessor therof; And being informed of the Loyaltie and Sufficiencie of John Hogge Merchant in Edinburgh for exerceing the said office; Therfore Witt ye use to have nominated, Constituted and appointed; Likeas Wee with advice and Consent of the Lords and others Commissioners of our Thesaury and Exchequer of our said Kingdome by these presents Nominat Constitute and Appoint the said John Hogg dureing all the dayes of his Lifetime to be one of the saids Macers before the parliament privy Councill Exchequer and Commissions And a Serjand at armes Giveing Granting and Disponeing to him the said place and offices with all fies duties profitts Emoluments and Casualities whatsoever therinto belonging with power to the said John Hogge to use and exerce the said offices and to uplift and receive the fies and profitts therof dureing the Space forsaid as fully and amply as the said deceast Robert Currie or any others his predecessors Macers aforsaid, and Specially the yearly fie and Sallary of Fiftie pounds Sterling money as the Ordinary Sallary of one of the saids Macers Commanding hereby the saids Lords of our privy Councill Exchequer and Commissiones to Admitt and receive the said John Hogge into the Saids offices; And to Authorize him with ther Testimoniall of Admission therto; And to administer to him the oath de fideli administratione and others as in Such caices is appointed by Law; Given under our privy Seall at our Court at St James’s the 25th day of June i702 and of our Reigne the first year; Per Signaturam Manu S:D:N Regina Supra Scribitur. Manibus qr Commissionariorum Thesaurarii Seaccarii Subscribitur.

1. NRS, PC1/52, 404-5.

2. Insertion.

1. NRS, PC1/52, 404-5.

2. Insertion.

Sederunt, 16 July 1702, Edinburgh

Att Edinburgh The Sixteenth day of July Jaj viic and two years1

A1702/7/122

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Lauderdale; Earl of Loudoune; Earl of Leven; Earl of Northesk; Earl of Kintoir; Earl of Hyndfoord; Viscount Tarbat; Viscount Teviot; Viscount Rosebery; Lord Strathnaver; Lord Montgomry; Lord Forbes; Lord Boyle; Lord President of Session; Lord Advocat; Lord Aberurchill; Lord Philiphaugh; Lord Crossrigh; Lord Phesdoe; Mr Fra: Montgomry

Att Edinburgh The Sixteenth day of July Jaj viic and two years1

A1702/7/122

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Lauderdale; Earl of Loudoune; Earl of Leven; Earl of Northesk; Earl of Kintoir; Earl of Hyndfoord; Viscount Tarbat; Viscount Teviot; Viscount Rosebery; Lord Strathnaver; Lord Montgomry; Lord Forbes; Lord Boyle; Lord President of Session; Lord Advocat; Lord Aberurchill; Lord Philiphaugh; Lord Crossrigh; Lord Phesdoe; Mr Fra: Montgomry

1. NRS, PC1/52, 404.

2. NRS, PC1/52, 404.

1. NRS, PC1/52, 404.

2. NRS, PC1/52, 404.