Tag Archives: 17 March 1704

Act, 17 March 1704, Edinburgh

Posted on by

Edinburgh the 17th March 17041

D1704/3/42

Act

Act Infavours off John Oswald etc and others

Anent The petition given in and presented To the Lords of Her Majesties privie Councill By John Oswald sone to Sir James Oswald of Fingletoun and Sir Alexander Gilmure of Craigmylner his uncle for his Intrest Shewing That where he the said John Oswald upon the Decease of his father The said Sir James was left wholy destitut and soe cast upon the cair and keeping of the said Sir Alexander his mothers brother Lykeas The petitioner being the only Child of that marriadge is also competently and weell provyded in the soume of Fourty Thousand merks Wherof Fourteen Thousand is still in the hands of his said Uncle as the petitioners mothers portion Which nevertheless in caice of his failzie is to goe inteirly to the petitioenrs fathers Children of his former marriage But tho the petitioner be thus provyded and that his brother Doctor Oswald be also his Tutor nominat Yet the provision for the petitioners aliment is still unsettled The Doctor Choyseing raither to be passive and non other Except his said Uncle appearing for the petitioner And seeing that all the petitioner cravs is to have a Compitent aliment authorized out of his owen Which he humbly conceaved He being now about seven years of age, may be the annualrent of the said Fourthteen Thousand merks due to the petitioner by his Uncle which will be about five hundered pound scots yearly untill he attain to the age of Ten years Compleat and from that time till his age of Fourthteen compleat ane Hundered pound scotts may be added making Six hundered pound yearly and that for bed, board cloathing and all ordinary necessaries And Therfore Creaving their Lordships To authorize the forsaid aliment to the petitioner for the years past viz from the seventh day of March 1701, and in tyme comeing there being noe Contradicter or any other haveing intrest by your Lordships authoritie allenerly craved for his said Tuttor and Freinds their Exoneration As the said petition bears Which petition being upon the Fifthteen of March instant read in presence of the saids Lords of privie Councill They appointed the samen to bee seen and answered nixt Councill day according to which delyverance Doctor George Oswald haveing seen the said petition he returned the same with the answers followeing Mentioning That where Sir Alexander in his petition represents That the said John Oswald was left destitute and had noe bodey to take cair off him but his Uncle and that haveing ane Estate of Fourty Thousand merks wherof Fourthteen was in Sir Alexanders owen hands it was but reasonable That ane aliment should be modefied of five hundered pounds scots yearly from the time the said John entred the said Sir Alexanders house untill his age of Ten years and of Sex Hundered pound Scotts yearly from Ten years Dureing his pupillarity To which it is answered for the said John Oswald and Doctor Oswald his brother and sole tuttor testamentar That the petition is of very Extraordinary nature for the reasons followeing viz 1mo albeit Alexander represents That the pupill was left without any cair the conterar is very nottour for as his father did settle a good portion on him soe in his Testament He Nominats the Doctor his Tuttor and after the fathers decease at Sir Alexander Gilmours Entreaty he gave him the custodie of the Child Secundo The petition is very irregular and illegall – it being the certain principles of Law That a pupill can intent noe action apply to noe Judicature yea doe noething seeing all the power boeth of his person and goods is altogither lodged in his Tuttor and whatsomever Doctor Oswald the Tutter might have done Either by proces or petition for obtaining the liquidation of ane aliment There was noe place for any other persone to make application for ane aliment But especially Sir Alexander had less reason then any man Considering he had a fond of the pupill of Fourthteen Thousand merks in his owen hands and that the Doctor had never Carved3 annualrents therof soe that it was time enough for Sir Alexander when the Tutors Expected the Soumes from him due to the pupill to have craved allowance and Compensatione for his aliment Tertio The Quantitie of Five And sex hundered pounds for the respective years mentioned in the petition Is not only great But irregular in craving the same to be modified to him for the Child under the years of Ten Cannot be thought to spend Five Hundered pound yearly in the Countrie in his Uncles house And when he is put to Schoolls The Tutter will place him with the beast Masters and make the most advantagious and Convenient argument’s for him possible for Sir Alexander most not think That albeit the Tutter Did Committ the pupill to his Cair for atime that therfor he should have the sole keeping of him till the end of his pupillarity For the Tuttor boeth in Conscience and Law is obleidged and will soe provide for his pupills aliment and Educatione as may be most for this Conveniencie and Circumstances And Therefore Creaving their Lordships To consider what is above represented with the hazerd that tutors ly under of haveing every step of their administratione quarrelled and iff their Lordships will take them the modificatione of any aliment To doe in such a manner as the Tutter may be fully Exonoured But allways to have the Tutoria potestas safe That the tutor may place the pupill in what place he thinks most for his Advantage As the saids answers also bears The Lords of Her Majesties privie Councill Haveing upon the day and date of thir presents Considered the above petition Giveing into them By John Oswald son to Sir James Oswald off Fingletoun and Sir Alexander Gilmure of Craigmilner his Uncle for his intrest Togither with answers therto By Doctor George Oswald of Prestoun And the samen being read in their presence The saids Lords Doe heirby modefie and Grant ane aliment offeiring to the annualrent of the soume off Fourthteen Thousand merks For the said John Oswald To be payed yearly be equall portiones Commencing and begining at the seventh day of March Jaj vic and one years and that for the said John Oswalds aliment and mentaining him at bed board, schoolls and other necessaries to be waived upon him untill his age of Ten years compleat And the saids Lords Modefies and Ordains The soume of ane Hundereth pound scots of additionall and further aliment To be payed for the intertainment education and other necessarries as said is To be waired out and bestowed upon the said John Oswald untill his age of Fourthteen years compleat And ordains the said Doctor Goerge Oswald Tuttor nominat to the said John To make payment off the saids respective aliments accordingly To the said Sir Alexander Gilmure dureing the said John Oswald his residence and aboad with him

Edinburgh the 17th March 17041

D1704/3/42

Act

Act Infavours off John Oswald etc and others

Anent The petition given in and presented To the Lords of Her Majesties privie Councill By John Oswald sone to Sir James Oswald of Fingletoun and Sir Alexander Gilmure of Craigmylner his uncle for his Intrest Shewing That where he the said John Oswald upon the Decease of his father The said Sir James was left wholy destitut and soe cast upon the cair and keeping of the said Sir Alexander his mothers brother Lykeas The petitioner being the only Child of that marriadge is also competently and weell provyded in the soume of Fourty Thousand merks Wherof Fourteen Thousand is still in the hands of his said Uncle as the petitioners mothers portion Which nevertheless in caice of his failzie is to goe inteirly to the petitioenrs fathers Children of his former marriage But tho the petitioner be thus provyded and that his brother Doctor Oswald be also his Tutor nominat Yet the provision for the petitioners aliment is still unsettled The Doctor Choyseing raither to be passive and non other Except his said Uncle appearing for the petitioner And seeing that all the petitioner cravs is to have a Compitent aliment authorized out of his owen Which he humbly conceaved He being now about seven years of age, may be the annualrent of the said Fourthteen Thousand merks due to the petitioner by his Uncle which will be about five hundered pound scots yearly untill he attain to the age of Ten years Compleat and from that time till his age of Fourthteen compleat ane Hundered pound scotts may be added making Six hundered pound yearly and that for bed, board cloathing and all ordinary necessaries And Therfore Creaving their Lordships To authorize the forsaid aliment to the petitioner for the years past viz from the seventh day of March 1701, and in tyme comeing there being noe Contradicter or any other haveing intrest by your Lordships authoritie allenerly craved for his said Tuttor and Freinds their Exoneration As the said petition bears Which petition being upon the Fifthteen of March instant read in presence of the saids Lords of privie Councill They appointed the samen to bee seen and answered nixt Councill day according to which delyverance Doctor George Oswald haveing seen the said petition he returned the same with the answers followeing Mentioning That where Sir Alexander in his petition represents That the said John Oswald was left destitute and had noe bodey to take cair off him but his Uncle and that haveing ane Estate of Fourty Thousand merks wherof Fourthteen was in Sir Alexanders owen hands it was but reasonable That ane aliment should be modefied of five hundered pounds scots yearly from the time the said John entred the said Sir Alexanders house untill his age of Ten years and of Sex Hundered pound Scotts yearly from Ten years Dureing his pupillarity To which it is answered for the said John Oswald and Doctor Oswald his brother and sole tuttor testamentar That the petition is of very Extraordinary nature for the reasons followeing viz 1mo albeit Alexander represents That the pupill was left without any cair the conterar is very nottour for as his father did settle a good portion on him soe in his Testament He Nominats the Doctor his Tuttor and after the fathers decease at Sir Alexander Gilmours Entreaty he gave him the custodie of the Child Secundo The petition is very irregular and illegall – it being the certain principles of Law That a pupill can intent noe action apply to noe Judicature yea doe noething seeing all the power boeth of his person and goods is altogither lodged in his Tuttor and whatsomever Doctor Oswald the Tutter might have done Either by proces or petition for obtaining the liquidation of ane aliment There was noe place for any other persone to make application for ane aliment But especially Sir Alexander had less reason then any man Considering he had a fond of the pupill of Fourthteen Thousand merks in his owen hands and that the Doctor had never Carved3 annualrents therof soe that it was time enough for Sir Alexander when the Tutors Expected the Soumes from him due to the pupill to have craved allowance and Compensatione for his aliment Tertio The Quantitie of Five And sex hundered pounds for the respective years mentioned in the petition Is not only great But irregular in craving the same to be modified to him for the Child under the years of Ten Cannot be thought to spend Five Hundered pound yearly in the Countrie in his Uncles house And when he is put to Schoolls The Tutter will place him with the beast Masters and make the most advantagious and Convenient argument’s for him possible for Sir Alexander most not think That albeit the Tutter Did Committ the pupill to his Cair for atime that therfor he should have the sole keeping of him till the end of his pupillarity For the Tuttor boeth in Conscience and Law is obleidged and will soe provide for his pupills aliment and Educatione as may be most for this Conveniencie and Circumstances And Therefore Creaving their Lordships To consider what is above represented with the hazerd that tutors ly under of haveing every step of their administratione quarrelled and iff their Lordships will take them the modificatione of any aliment To doe in such a manner as the Tutter may be fully Exonoured But allways to have the Tutoria potestas safe That the tutor may place the pupill in what place he thinks most for his Advantage As the saids answers also bears The Lords of Her Majesties privie Councill Haveing upon the day and date of thir presents Considered the above petition Giveing into them By John Oswald son to Sir James Oswald off Fingletoun and Sir Alexander Gilmure of Craigmilner his Uncle for his intrest Togither with answers therto By Doctor George Oswald of Prestoun And the samen being read in their presence The saids Lords Doe heirby modefie and Grant ane aliment offeiring to the annualrent of the soume off Fourthteen Thousand merks For the said John Oswald To be payed yearly be equall portiones Commencing and begining at the seventh day of March Jaj vic and one years and that for the said John Oswalds aliment and mentaining him at bed board, schoolls and other necessaries to be waived upon him untill his age of Ten years compleat And the saids Lords Modefies and Ordains The soume of ane Hundereth pound scots of additionall and further aliment To be payed for the intertainment education and other necessarries as said is To be waired out and bestowed upon the said John Oswald untill his age of Fourthteen years compleat And ordains the said Doctor Goerge Oswald Tuttor nominat to the said John To make payment off the saids respective aliments accordingly To the said Sir Alexander Gilmure dureing the said John Oswald his residence and aboad with him

1. NRS, PC2/28, 284r. No sederunt recorded, although begins with the note ‘ut in sederunt’

2. NRS, PC2/28, 284r.

3. Sic.

1. NRS, PC2/28, 284r. No sederunt recorded, although begins with the note ‘ut in sederunt’.

2. NRS, PC2/28, 284r.

3. Sic.

Warrant, 17 March 1704, Edinburgh

Posted on by

Edinburgh The Seventeenth day of [March] Jaj vjc and four years

A1704/3/261

Warrant

Warrand for Raising of Letters againest the Highland Clans

The Lords of Her Majesties privy Councill Doe heirby Appoint and ordaine The persones underwrittin Viz The Laird McIntoch younger, Mcpherson of Clunie To be cited by Councill Letters To Compeir befoir the saids Lords upon the Tuenty fyfth day of Apprill nixt to come and the Captaine of Clanronald and McDonald of Benbecula To Compeir also befoir the saids Lords upon the […] day of June nixt to come And all to find sufficient inland Caution to the effect To be Contained in the principall Letters And for that effect Recomends to Sir James Steuart Her Majesties Advocat To cause raise the Lybles at his Instance And ordains the solicitors To Cause Execut the same accordingly And appoints and ordaines The saids Letters To Contain ane protection for Ten dayes befoir the dayes of Compearance and Fyfteen dayes thereafter And ordaines the Laird of Mcintoch Elder to be Expunged out of the List signed by the Committee.

Edinburgh The Seventeenth day of [March] Jaj vjc and four years

A1704/3/261

Warrant

Warrand for Raising of Letters againest the Highland Clans

The Lords of Her Majesties privy Councill Doe heirby Appoint and ordaine The persones underwrittin Viz The Laird McIntoch younger, Mcpherson of Clunie To be cited by Councill Letters To Compeir befoir the saids Lords upon the Tuenty fyfth day of Apprill nixt to come and the Captaine of Clanronald and McDonald of Benbecula To Compeir also befoir the saids Lords upon the […] day of June nixt to come And all to find sufficient inland Caution to the effect To be Contained in the principall Letters And for that effect Recomends to Sir James Steuart Her Majesties Advocat To cause raise the Lybles at his Instance And ordains the solicitors To Cause Execut the same accordingly And appoints and ordaines The saids Letters To Contain ane protection for Ten dayes befoir the dayes of Compearance and Fyfteen dayes thereafter And ordaines the Laird of Mcintoch Elder to be Expunged out of the List signed by the Committee.

1. NRS, PC1/53, 197-8.

1. NRS, PC1/53, 197-8.

Warrant, 17 March 1704, Edinburgh

Posted on by

Edinburgh The Seventeenth day of [March] Jaj vjc and four years

A1704/3/251

Warrant

Warrand for raising Letters againest Glengarie and Keppoch

The Lords of Her Majesties privy Councill Doe heirby appoint and ordain The Laird Glengarie and Coll McDonald of Keppoch To be citted by Councill Letters To appear befoir the saids Lords upon Tuesday nixt being the Tuenty first Instant And to find sufficient in Land Caution to the effect to be Contained in the principall Letters And for that effect Recommends To Sir James Stewart Her Majesties Advocat To cause raise the Lyble and ordaines the solicitors To cause Execute the samen accordingly And appoints and ordaines The saids Letters to Contain ane protection for Ten dayes befoir the dayes of Compearance and fyfteen daye’s thereafter.

Edinburgh The Seventeenth day of [March] Jaj vjc and four years

A1704/3/251

Warrant

Warrand for raising Letters againest Glengarie and Keppoch

The Lords of Her Majesties privy Councill Doe heirby appoint and ordain The Laird Glengarie and Coll McDonald of Keppoch To be citted by Councill Letters To appear befoir the saids Lords upon Tuesday nixt being the Tuenty first Instant And to find sufficient in Land Caution to the effect to be Contained in the principall Letters And for that effect Recommends To Sir James Stewart Her Majesties Advocat To cause raise the Lyble and ordaines the solicitors To cause Execute the samen accordingly And appoints and ordaines The saids Letters to Contain ane protection for Ten dayes befoir the dayes of Compearance and fyfteen daye’s thereafter.

1. NRS, PC1/53, 197.

1. NRS, PC1/53, 197.

Warrant, 17 March 1704, Edinburgh

Posted on by

Edinburgh The Seventeenth day of [March] Jaj vjc and four years

A1704/3/241

Warrant

Warrant to the Committee To Examine John Steill

The Lords of Her Majesties privy Councill Doe heirby Recommend to the former Committee appointed to Examine John Steill sone to Patrick Steill prisoner in the Tolbuith of Edinburgh To Call for and re, examine him and Cautione him in prison or set him at Liberty upon Caution as they shall see cause.

Edinburgh The Seventeenth day of [March] Jaj vjc and four years

A1704/3/241

Warrant

Warrant to the Committee To Examine John Steill

The Lords of Her Majesties privy Councill Doe heirby Recommend to the former Committee appointed to Examine John Steill sone to Patrick Steill prisoner in the Tolbuith of Edinburgh To Call for and re, examine him and Cautione him in prison or set him at Liberty upon Caution as they shall see cause.

1. NRS, PC1/53, 197.

1. NRS, PC1/53, 197.

Warrant, 17 March 1704, Edinburgh

Posted on by

Edinburgh The Seventeenth day of [March] Jaj vjc and four years

A1704/3/231

Warrant

Warrant to the Committee anent prest men For Liberating all schollers and Colliginers who shall be hereafter taken on or prest

The Lords of Her Majesties privy Councill Considering that there are agreat many abuses Committed by the undue pressing of men in makeing the Levies and Recruits They Doe therfor Recommend to the Committee for prest men To Dismiss and sett free all students at any of the universites and other schollars Conveened befoir them that shall be taken on or imaged by any officer or others imployed in makeing of Levyes or Recruits without consent of their parents or nearest relationes.

Edinburgh The Seventeenth day of [March] Jaj vjc and four years

A1704/3/231

Warrant

Warrant to the Committee anent prest men For Liberating all schollers and Colliginers who shall be hereafter taken on or prest

The Lords of Her Majesties privy Councill Considering that there are agreat many abuses Committed by the undue pressing of men in makeing the Levies and Recruits They Doe therfor Recommend to the Committee for prest men To Dismiss and sett free all students at any of the universites and other schollars Conveened befoir them that shall be taken on or imaged by any officer or others imployed in makeing of Levyes or Recruits without consent of their parents or nearest relationes.

1. NRS, PC1/53, 196-7.

1. NRS, PC1/53, 196-7.

Warrant, 17 March 1704, Edinburgh

Posted on by

Edinburgh The Seventeenth day of [March] Jaj vjc and four years

A1704/3/221

Warrant

Warrand anent pamphlets and sellers of them

The Lords of Her Majesties privy Councill Considering that ther ar a great many pamphletts and other papers printed and publictly sold within the Toun of Edinburgh That are not licensed and ought not to be printed The saids Lords Doe heirby Recommend To the Magistrats of Edinburgh To take a speciall notice of all such pamphlets and papers That shall be Exposed to publict seall within their said toun, and of the seallers therof and printers of the samen And to Call for and Examine the said printers and Committ them to prison untill the same be reported to the saids Lords of Her Majesties privie Councill.

Edinburgh The Seventeenth day of [March] Jaj vjc and four years

A1704/3/221

Warrant

Warrand anent pamphlets and sellers of them

The Lords of Her Majesties privy Councill Considering that ther ar a great many pamphletts and other papers printed and publictly sold within the Toun of Edinburgh That are not licensed and ought not to be printed The saids Lords Doe heirby Recommend To the Magistrats of Edinburgh To take a speciall notice of all such pamphlets and papers That shall be Exposed to publict seall within their said toun, and of the seallers therof and printers of the samen And to Call for and Examine the said printers and Committ them to prison untill the same be reported to the saids Lords of Her Majesties privie Councill.

1. NRS, PC1/53, 196.

1. NRS, PC1/53, 196.

Warrant, 17 March 1704, Edinburgh

Posted on by

Edinburgh The Seventeenth day of [March] Jaj vjc and four years

A1704/3/211

Warrant

Warrand appointing The Sherriff of Elgine and his Deputs To put the legall Ministers in possession of the Litle Kirk of Elgin and keep them therin intyme Comeing

Sir James Steuart Her Majesties Advocat Haveing Represented to the Councill That some Ministers of the Episcopall Clergy who have not qualefied them selves COnforme to Law had taken possession of the Litle Kirk of Elgine without ane orderly Call or legall admission therto And that they preach and Exerce The other pairts of the Ministeriall function The Lords of Her Majesties privy Councill Haveing Considered the forsaid Representation Doe heirby Command, and ordaine The sherriff principall of the sherriffdome of Elgin or his Deputs To put the legall and settled ministers of the said Burgh of Elgine in paceable possession of the said Little Kirk of Elgine and to make patent the doors therof and put new Locks theron and Delyver the Keys to the saids Ministers And Commands and ordaines The said sherriff and his Deputs To keep the said Legall Ministers in the paceable possession therof from tyme to tyme and not to suffer them to be disturbed in preachign and Exercing the other pairts of the Ministeriall function within the said Church And Commands and ordaines The said sherriff or his Deputs To hinder and Debarr all other persons from making use of the said Church for divine worshype or Exerce any pairt of the Ministeriall function within the same in tyme Comeing As they shall be answerable on ther highest perrell.

Edinburgh The Seventeenth day of [March] Jaj vjc and four years

A1704/3/211

Warrant

Warrand appointing The Sherriff of Elgine and his Deputs To put the legall Ministers in possession of the Litle Kirk of Elgin and keep them therin intyme Comeing

Sir James Steuart Her Majesties Advocat Haveing Represented to the Councill That some Ministers of the Episcopall Clergy who have not qualefied them selves COnforme to Law had taken possession of the Litle Kirk of Elgine without ane orderly Call or legall admission therto And that they preach and Exerce The other pairts of the Ministeriall function The Lords of Her Majesties privy Councill Haveing Considered the forsaid Representation Doe heirby Command, and ordaine The sherriff principall of the sherriffdome of Elgin or his Deputs To put the legall and settled ministers of the said Burgh of Elgine in paceable possession of the said Little Kirk of Elgine and to make patent the doors therof and put new Locks theron and Delyver the Keys to the saids Ministers And Commands and ordaines The said sherriff and his Deputs To keep the said Legall Ministers in the paceable possession therof from tyme to tyme and not to suffer them to be disturbed in preachign and Exercing the other pairts of the Ministeriall function within the said Church And Commands and ordaines The said sherriff or his Deputs To hinder and Debarr all other persons from making use of the said Church for divine worshype or Exerce any pairt of the Ministeriall function within the same in tyme Comeing As they shall be answerable on ther highest perrell.

1. NRS, PC1/53, 196.

1. NRS, PC1/53, 196.

Procedure, 17 March 1704, Edinburgh

Posted on by

Edinburgh The Seventeenth day of [March] Jaj vjc and four years

A1704/3/201

Procedure

Report of the Committee anent Dingwall and approbation thereof

The Committee of Councill appointed for the Riot at Dingwall are off oppinion that the Lord Advocats2 should with the first conveniencie Conveen the principall actors in that Rable and riot with the necessarie witnesses But that for the rest of the actors and their Complices in respect of the season they bee Conveened to a Competent day in June nixt And alse that the sherriff Deput should be Conveened to the said first day To answer to his Deportment in that matter And that Lord Advocate3 Doe also write to My Lord Mcleod That he be present the same day appointed for the sherriff in Councill with the sherriff to give a full account of this matter for the Councills better Informatione And Lastly That The Sherriff deput should find Caution for his Compearance befoir the Councill the seventeen Instant The Lords of Her Majesties privy Councill Haveing Considered the above Report of the Councill anent the Ryot at Dingwall And the samen being read in their presence The saids Lords Have Approven and heirby Approves thereof And appoints and ordaines the Lybles therin mentioned To be raised accordingly.

Edinburgh The Seventeenth day of [March] Jaj vjc and four years

A1704/3/201

Procedure

Report of the Committee anent Dingwall and approbation thereof

The Committee of Councill appointed for the Riot at Dingwall are off oppinion that the Lord Advocats2 should with the first conveniencie Conveen the principall actors in that Rable and riot with the necessarie witnesses But that for the rest of the actors and their Complices in respect of the season they bee Conveened to a Competent day in June nixt And alse that the sherriff Deput should be Conveened to the said first day To answer to his Deportment in that matter And that Lord Advocate3 Doe also write to My Lord Mcleod That he be present the same day appointed for the sherriff in Councill with the sherriff to give a full account of this matter for the Councills better Informatione And Lastly That The Sherriff deput should find Caution for his Compearance befoir the Councill the seventeen Instant The Lords of Her Majesties privy Councill Haveing Considered the above Report of the Councill anent the Ryot at Dingwall And the samen being read in their presence The saids Lords Have Approven and heirby Approves thereof And appoints and ordaines the Lybles therin mentioned To be raised accordingly.

1. NRS, PC1/53, 195-6.

2. The phrase ‘Lord Advocats’ is an insertion.

3. The phrase ‘Lord Advocate’ is an insertion.

1. NRS, PC1/53, 195-6.

2. The phrase ‘Lord Advocats’ is an insertion.

3. The phrase ‘Lord Advocate’ is an insertion.

Proclamation, 17 March 1704, Edinburgh

Posted on by

Edinburgh The Seventeenth day of [March] Jaj vjc and four years

A1704/3/191

Proclamation

Proclamation Against preists and traffecquing papists

Proclamation againest preists and Trafecquing papists Being read the same was votted approven signed and ordained to be published printed and Recorded Wherof the tennor followes.
Anne By the Grace of God Queen of Great Breitan France and Ireland Defender of the faith To our Lyon King at arm’s and his Breithren Heraulds, Macers of our privy Councill pursevants, Messengers at arm’s Our Sheirriffs in that pairt Conjunctlie and severallie specially Constitute Greeting Forasmuchas Wee understand by Complaint’s and Informationes from severall pairts of the Kingdome and by ane address made to us with a particular Condeshendance given into our privy Councill by the late Generall Assembly That seminary preists, Jesuits, and other trafecquing papist’s cease not to Infeft the Kingdome with their Corrupt Doctrine and supersticious and treacherous practices to the prejudice of the trew protestant Religion the Intrest of our Government and the pace and quiet of the Kingdome Therefore Wee with advyce of our privy Councill Have thought fit to requyre and Chairge Lykeas we heirby strictly Chairge and Command All Sherriffs, steuarts, Lords of Regality and their Deputs and Baillies, and all other Baillies whatsomever, with all other Magistrat’s officers of the Law, and Justices of pace either to Burgh or Landward that they put all laws and acts of parliament made againest the saids preists, Jesuits and trafecquing papists As also againest their Resetters and all sayers and hearers of Mass To Exact and dilligent Execution and that without Exception As lykewayes that they give concurrance whatsomever Requyred with all dilligence for seazing and apprehending The said priests Jesuits and Trafecquing papist’s as also for Discovering and seazing of all Mass meetings As Lykewayes that they give all due assistance and Concurrance for finding out and trying and punishing of the forsaid resetters and sayers or hearers of Mass To Exact and dilligent Execution as they will be answerable Certefeing any of the said Shirriffs and others our officers of the Law and Justices of pace above mentioned That if they shall refuise or neglect their duty in the premisses They shall be therfor conveened befoir our privy Councill and punished as Malversers according to their demerit And for the more effectuall discovery and riding the Kingdome of all the forsaids preist’s and Jesuits and trafficquing papist’s Wee with advice forsaid Doe heirby assure That whosoever shall discover and seize any preist Jesuit or Trafficking papist or their Resetters so as they shall be Convicted upon certificat of the said seizure and Conviction They shall have the soume of Five Hundereth merks over and above their Expensses for their reward Conforme to the Act of parliament 1700, Entituled Act for preventing the growth of popery And we doe farder Recomend it to the Lords of our Threasaury and the Lords of Session and all others concerned that they be cairfull To have the forsaid reward punctually payed according to the true intent and meaning of that Act And more effectuall Executing of the Acts of parliament againest papists and for the Education of their Children specially the forsaid Act 1700; Annent Conveyances and Succession’s to or by papist’s Therfore according to the former Laws and Acts of parliament made in that behalfe Wee with advyce forsaid Doe heirby Requyre and Command all Ministers of the Gospell within this Kingdome That they with all dilligence within their respective Chairges and paroches Take up the name’s of all person’s al’s well women as men suspected to be papists and more particularly of all suspected To have made appostacie from the trew religion to popery as also of all Children of popish parents and of their condition and nearer protestant relationes and that they sett doun a list of their names and Designationes and places of their Residence in particular Catalogues to be made for that effect Which Lists and Catalogues are to be by them given in under their hand to the respective presbitries Betuixt and the fyfteen day of May nixt to come To the effect the forsaids presbitries may as they are heirby ordained to record the same in their Books and also transmitt authentick doubles therof under the subscriptions of their respective moderators and Clerks, To the Clerks of privy Councill and that betuixt and the Fyfteen day of June nixt to come To the effect that we and our said privy Councill may ordaine such farder proceeding’s thereupon as are by Law appointed And we doe heirby againe Requyre and Command all and every on concerned in the premisses that they be dilligent to obey and observe the same as they expect our Royall favour and protectioen and under all highest pain That may insue againest the Neglector’s or Transgressor Our Will is Herefore And we Chairge yow strictly and Command, That in Continent thir our Letters seen ye pass to the Mercat cross of Edinburgh and to the mercat Crosses of the head burghs of the respective shyr’s and steuartries within this our antient Kingdome And thereat in our name and authoritie make publication hereof that non may pretend Ignorance And ordains thir presents to be printed and our solicitors to transmitt Copies hereof to the respective Shyres and stewartries within this Kingdome for publicatione as said is Given under our Signet Att Edinburgh The seventeen day of March And of our Rigne the Thrid year 1704.

Edinburgh The Seventeenth day of [March] Jaj vjc and four years

A1704/3/191

Proclamation

Proclamation Against preists and traffecquing papists

Proclamation againest preists and Trafecquing papists Being read the same was votted approven signed and ordained to be published printed and Recorded Wherof the tennor followes.
Anne By the Grace of God Queen of Great Breitan France and Ireland Defender of the faith To our Lyon King at arm’s and his Breithren Heraulds, Macers of our privy Councill pursevants, Messengers at arm’s Our Sheirriffs in that pairt Conjunctlie and severallie specially Constitute Greeting Forasmuchas Wee understand by Complaint’s and Informationes from severall pairts of the Kingdome and by ane address made to us with a particular Condeshendance given into our privy Councill by the late Generall Assembly That seminary preists, Jesuits, and other trafecquing papist’s cease not to Infeft the Kingdome with their Corrupt Doctrine and supersticious and treacherous practices to the prejudice of the trew protestant Religion the Intrest of our Government and the pace and quiet of the Kingdome Therefore Wee with advyce of our privy Councill Have thought fit to requyre and Chairge Lykeas we heirby strictly Chairge and Command All Sherriffs, steuarts, Lords of Regality and their Deputs and Baillies, and all other Baillies whatsomever, with all other Magistrat’s officers of the Law, and Justices of pace either to Burgh or Landward that they put all laws and acts of parliament made againest the saids preists, Jesuits and trafecquing papists As also againest their Resetters and all sayers and hearers of Mass To Exact and dilligent Execution and that without Exception As lykewayes that they give concurrance whatsomever Requyred with all dilligence for seazing and apprehending The said priests Jesuits and Trafecquing papist’s as also for Discovering and seazing of all Mass meetings As Lykewayes that they give all due assistance and Concurrance for finding out and trying and punishing of the forsaid resetters and sayers or hearers of Mass To Exact and dilligent Execution as they will be answerable Certefeing any of the said Shirriffs and others our officers of the Law and Justices of pace above mentioned That if they shall refuise or neglect their duty in the premisses They shall be therfor conveened befoir our privy Councill and punished as Malversers according to their demerit And for the more effectuall discovery and riding the Kingdome of all the forsaids preist’s and Jesuits and trafficquing papist’s Wee with advice forsaid Doe heirby assure That whosoever shall discover and seize any preist Jesuit or Trafficking papist or their Resetters so as they shall be Convicted upon certificat of the said seizure and Conviction They shall have the soume of Five Hundereth merks over and above their Expensses for their reward Conforme to the Act of parliament 1700, Entituled Act for preventing the growth of popery And we doe farder Recomend it to the Lords of our Threasaury and the Lords of Session and all others concerned that they be cairfull To have the forsaid reward punctually payed according to the true intent and meaning of that Act And more effectuall Executing of the Acts of parliament againest papists and for the Education of their Children specially the forsaid Act 1700; Annent Conveyances and Succession’s to or by papist’s Therfore according to the former Laws and Acts of parliament made in that behalfe Wee with advyce forsaid Doe heirby Requyre and Command all Ministers of the Gospell within this Kingdome That they with all dilligence within their respective Chairges and paroches Take up the name’s of all person’s al’s well women as men suspected to be papists and more particularly of all suspected To have made appostacie from the trew religion to popery as also of all Children of popish parents and of their condition and nearer protestant relationes and that they sett doun a list of their names and Designationes and places of their Residence in particular Catalogues to be made for that effect Which Lists and Catalogues are to be by them given in under their hand to the respective presbitries Betuixt and the fyfteen day of May nixt to come To the effect the forsaids presbitries may as they are heirby ordained to record the same in their Books and also transmitt authentick doubles therof under the subscriptions of their respective moderators and Clerks, To the Clerks of privy Councill and that betuixt and the Fyfteen day of June nixt to come To the effect that we and our said privy Councill may ordaine such farder proceeding’s thereupon as are by Law appointed And we doe heirby againe Requyre and Command all and every on concerned in the premisses that they be dilligent to obey and observe the same as they expect our Royall favour and protectioen and under all highest pain That may insue againest the Neglector’s or Transgressor Our Will is Herefore And we Chairge yow strictly and Command, That in Continent thir our Letters seen ye pass to the Mercat cross of Edinburgh and to the mercat Crosses of the head burghs of the respective shyr’s and steuartries within this our antient Kingdome And thereat in our name and authoritie make publication hereof that non may pretend Ignorance And ordains thir presents to be printed and our solicitors to transmitt Copies hereof to the respective Shyres and stewartries within this Kingdome for publicatione as said is Given under our Signet Att Edinburgh The seventeen day of March And of our Rigne the Thrid year 1704.

1. NRS, PC1/53, 193-5.

1. NRS, PC1/53, 193-5.

Procedure, 17 March 1704, Edinburgh

Posted on by

Edinburgh The Seventeenth day of [March] Jaj vjc and four years

A1704/3/181

Procedure

[Buchan elected Preses]

In absence of the Lord High Chancellor And Lord president of privy Councill The Earle of Buchan Elected preces

Edinburgh The Seventeenth day of [March] Jaj vjc and four years

A1704/3/181

Procedure

[Buchan elected Preses]

In absence of the Lord High Chancellor And Lord president of privy Councill The Earle of Buchan Elected preces

1. NRS, PC1/53, 193.

1. NRS, PC1/53, 193.