Tag Archives: 20 February 1705

Warrant, 20 February 1705, Edinburgh

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Att Edinburgh the Twentieth day of February Jaj vijc and fyve years

A1705/2/261

Warrant

Warrand to the Generall to send a party of Souldiers aboard the Dumbarton Castell

The Lords of her Majesties Privie Counsell Doe heirby Recommend to Livetennant Generall George Ramsay Commander in chiefe of her Majesties forces within this Kingdome To order such a number of the saids forces duly Commanded to repair to Newport-Glasgow, their to be Shipped aboard her Majesties Shipe and Mann of warr the Dumbarton Castell betwixt and the Eight day of March nixt, As the Lords of her Majesties Theasaurie Shall appoynt, And als near as may be the Same forces and officers formerly aboard the said ships for defending the coasts against French privateers, when the said ship was Last at Sea.

At Edinburgh 20 February 1705

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Warrant

Warrant to the general to send a party of soldiers aboard the Dumbarton Castle

The lords of her majesty’s privy council do hereby recommend to Lieutenant General George Ramsay, commander in chief of her majesty’s forces within this kingdom, to order such a number of the said forces, duly commanded, to repair to Newport Glasgow, there to be shipped aboard her majesty’s ship and man of war the Dumbarton Castle between [now] and 8 March next, as the lords of her majesty’s treasury shall appoint, And as near as may be the same forces and officers formerly aboard the said ships for defending the coasts against French privateers, when the said ship was last at Sea.

1. NRS, PC1/53, 363.

1. NRS, PC1/53, 363.

Act, 20 February 1705, Edinburgh

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Att Edinburgh the Twentieth day of February Jaj vijc and fyve years

A1705/2/251

Act

Act Anent destroying prohibite goods

Att Edinburgh the twentie day of February Jaj vijc and fyve years, The Lords of her Majesties privie Counsell being informed that Some of the members of the Societie for executing the laws anent trade have seized goods that wer Imported contrair to the Acts of parliament, And Still retains them in ther own custody and keeping without being delyvered in to the Magistrat to be cognosed and burnt Conforme to the tenor of the Eight and twelfth Acts of the Eight and Nynth Sessions of King Williams parliament, Doe therfor Appoynt and Ordaine all persons whatsomever that have Seased Goods Imported contrair to the saids Acts, And which they have in ther custody and keeping Instantly to delyver in the Samen to the Magistrats of Edinburgh or nixt Magistrat upon Inventar to ly in their custody till cognosed and burned; And for preventing the lyke abuse in tyme comeing; Doe heirby Appoynt and Ordaine that when any goods are Seased conforme to the forsaids Acts, the persone that seases the Samen Bring them imediatly and without delay to the nixt Magistrat who is heirby appoynted and Ordained to receive the Samen from the Seasers at whatever tyme of the day or night they be offered, And that the Samen goods at ther delyverie to the Magistrat be sealled by the seaser, And Magistrat till Inventared, And that the Inventar be made with all convenient Speed, And after they are Inventared Appoynts and Ordains the Magistrat without delay to proceed to cognose the same, And that after the goods Suae Seased, are cognosed, the Samen to be cutt in pieces So as to be useless for any thing, And therafter left in the hand of the Magistrat, who is heirby Appoynted to attend himselfe and See the Same burned in the accustomed place, And att the ordinary tyme of the day In maner prescrybed in the forsaids acts of parliament, And appoynts and Ordains the forsaids Magistrats to provyde ane Sufficient guard duly Comanded both to attend the goods when they are brought to be cognosed, and att the burneing that therby all mobbs and rables may be prevented; And Ordains thir presents to be printed and published at the Mercat cross of Edinburgh and other places needfull that non may pretend ignorance Sic Subscribitur Tweeddale Cancellr I.P.D. Rothes P.S. Loudoun Ruglen Hyndfoord Bellhaven, George Baillie, John Cockburne Adam Cockburne, W Anstruther, F Montgomrie, John Home.

At Edinburgh 20 February 1705

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Act

Act concerning destroying prohibited goods

At Edinburgh 20 February 1705. The lords of her majesty’s privy council being informed that some of the members of the society for executing the laws concerning trade have seized goods that were imported contrary to the acts of parliament, and still retains them in their own custody and keeping without being delivered in to the magistrates to be cognised and burnt, conform to the tenor of the eight and twelfth acts of the eighth and ninth sessions of King William’s parliament, do therefor appoint and ordain all persons whatsoever that have seized goods imported contrary to the said acts, and which they have in their custody and keeping, instantly to deliver in the same to the magistrates of Edinburgh or next magistrate upon inventory to lie in their custody until cognised and burned. And for preventing the like abuse in time coming, do hereby appoint and ordain that when any goods are seized conform to the foresaid acts, the person that seized the same bring them immediately and without delay to the next magistrate, who is hereby appointed and ordained to receive the same from the seizers at whatever time of the day or night they be offered, and that the same goods at their delivery to the magistrate be sealed by the seizer and magistrate until inventories. And that the inventory be made with all convenient speed. And after they are inventories, appoint and ordain the magistrate without delay to proceed to cognise the same. And that after the goods so seized are cognised, the same to be cut in pieces so as to be useless for anything, and thereafter left in the hand of the magistrate, who is hereby appointed to attend himself and see the same burned in the accustomed place, and at the ordinary time of the day in manner prescribed in the foresaid acts of parliament. And appoint and ordain the foresaid magistrates to provide a sufficient guard, duly commanded, both to attend the goods when they are brought to be cognised, and at the burning that thereby all mobs and rabbles may be prevented. And ordain these present to be printed and published at the mercat cross of Edinburgh and other places needful that none may pretend ignorance Sic Subscribitur Tweeddale cancellor I.P.D. Rothes P.S. Loudoun Ruglen Hyndford Belhaven, George Baillie, John Cockburn, Adam Cockburn, W Anstruther, F Montgomrie, John Home.

1. NRS, PC1/53, 363.

1. NRS, PC1/53, 363.

Procedure, 20 February 1705, Edinburgh

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Att Edinburgh the Twentieth day of February Jaj vijc and fyve years

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Procedure

Approbation of the Committie for restraining the Import of prohibite Goods

Committie for considering the laws dischargeing the Import of prohibite goods, And how they may be putt to most effectuall execution, Att Edinburgh the Sixteinth day of February Jaj vijc and fyve, Sederunt Earle of Levine, Lords Ensteruther, Blaccader, Ormiestoun younger and the Provest of Edinburgh, The Earle of Levine elected preses, The Committie being informed that some of the members of the Societie for executeing the Laws anent trade, Have Seased goods that wer imported contrair to the Acts of Parliament, And Still retains them in ther own castody and keeping without being delyvered in to the Magistrat to be cognosced and brunt, Doe therfor offerr it as ther oppinion that all the goods which they have Seased wpon the accompt forsaid, And that are in ther custody, Should be by them instantly delyvered to the Magistrats of Edinburgh upon Inventar to ly in ther custody till cognosced and brunt, And that in tyme comeing when any goods are Seased, the persone that Seased, bring them imediatly and without delay to the nixt Magistrat, who Should be obleidged wpon his perrill to receive the Samen from them at whatever tyme of the day or night they be offerred, And that the Samen goods at the delyverie to the Magistrat be Sealled by the Seaser and Magistrat till Inventared And that the Inventar be made with all convenient Speed, And that after they are Inventared, the Magistrat without delay proceed to cognosce the Same, And after the goods are cognosced, that the Samen be cutt in pieces so as to be useless for any thing, And therafter Left in the hands of the Magistrat who is to attend himselfe and See the Samen burnt in the accustomed place, And att the ordinary tyme of the day, And that the Magistrats provyde ane Sufficient guard duly Commanded both to attend the goods while they are brought to be cognosced, and att the burneing, that therby all mobbs and rables may be prevented, The Lords of her Majesties Privie Counsell haveing this day considered the within report of the Committie appoynted for considering how the laws may be putt to most effectuall execution for hindering the Import of prohibite goods, And the Samen being read in ther presence, The Saids Lords have Approven, and heirby Approve therof, And appoynts the Same to be drawen out in the forme of ane Act that the Same may be published and printed.

At Edinburgh 20 February 1705

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Procedure

Approbation of the committee for restraining the import of prohibited goods

Committee for considering the laws discharging the import of prohibited goods, and how they may be putt to most effectual execution. At Edinburgh 16 February 1705, sederunt [David Melville] earl of Leven, [Sir William Anstruther] Lord Anstruther, [Sir John Home] laird of Blackadder, [John Cockburn] laird of Ormiston younger, and [Sir Patrick Johnston] lord provost of Edinburgh, the earl of Leven elected preses. The committee being informed that some of the members of the society for executing the laws concerning trade have seized goods that were imported contrary to the acts of parliament, and still retain them in their own custody and keeping without being delivered in to the magistrates to be cognised and burnt, do therefore offer it as their opinion that all the goods which they have seized upon the account foresaid, and that are in their custody, should be by them instantly delivered to the magistrates of Edinburgh upon inventory, to lie in their custody until cognised and burnt. And that in time coming when any goods are seized, the person that seized [them], bring them immediately and without delay to the next magistrate, who should be obliged upon his peril to receive the same from them at whatever time of the day or night they be offered. And that the same goods at their delivery to the magistrates be sealed by the seizer and magistrates until inventories. And that the inventory be made with all convenient speed. And that after they are inventoried, the magistrates without delay proceed to cognise the same. And after the goods are cognised, that the same be cut in pieces so as to be useless for anything, and thereafter left in the hands of the magistrate who is to attend himself and see the same burnt in the accustomed place, and at the ordinary time of the day. And that the magistrates provide a sufficient guard, duly commanded both to attend the goods while they are brought to be cognised, and at the burning, that thereby all mobs and rabbles may be prevented, the lords of her majesty’s privy council having this day considered the within report of the committee appointed for considering how the laws may be put to most effectual execution for hindering the import of prohibited goods, and the same being read in their presence, the said lords have approved, and hereby approve thereof, and appoint the same to be drawn out in the form of an act that the same may be published and printed.

1. NRS, PC1/53, 362-3.

1. NRS, PC1/53, 362-3.

Act, 20 February 1705, Edinburgh

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Att Edinburgh the Twentieth day of February Jaj vijc and fyve years

A1705/2/231

Act

Act Appoynting Captain Greens papers to be delivered to the Clerk of the Admiralitie

Anent the petition given in and presented to the Lords of her Majesties Privie Counsell By Captain Thomas Green Commander of the Shipe Worchester, Captain John Madder, and remanent officers aboard the said shipe, Shewing That they might be the better enabled to exculpat and defend themselves In the Criminall proces Indyted against them befor the Judges of the high Court of Admiralitie, Craveing the saids Lords to grant warrand to the Clerks of Councill, to transmitt into the office of the high Court of Admiralitie, The Seall with a lignum vitae handle, which is pretended to be that of the Scots Affrican and Indian Company; And lykwayes to grant warrand for delyvering to them their Journalls, Commissions, orders, and other wrytts which wer by a Committie of the Saids Lords brought from their Shipe the Worchester, And are in the keeping either2 of the Committie, or the saids Lords ther Clerks, which wrytts the petitioners wer told by their Lauyers, wer absolutely necessary for ther defence, As also that the Saids Lords might be pleased to order that two of ther Company prisoners att Leith, And the four which wer in the Cannongat might be transmitted to the Tollbooth of Edinburgh, that ther Lawyers might have easie access, and Speak with the wholl Company together, as the said petition bears; The Lords of her Majesties Privie Counsell haveing considered the within Petition given in to them by Captain Thomas Green Comander of the Shipe the Worchester, Captain John Madder chiefe Mate, and remanent officers of the said Shipe and the Samen being read in ther presence, The Saids Lords Doe heirby Recommend to the Earle of Levine to delyver the haill wrytts and papers in his Custody belonging to the petitioners, with the Seall that hes ane lignum vites handle, Into the Clerks of Councill to be by them putt in the hands of the Clerk of the high Court of Admiralitie, And to Sir James Steuart her Majesties Advocat also to putt Such of the wrytts and papers as are in his Custodie in the hands of the said Clerk of the high Court of Admirality And appoynts and Ordains Roderick Mckenzie Clerk to the Affrican Company to delyver what books, papers, wrytts and others he hes in his custody belonging to the petitioners To the Said Clerk of the high Court of Admirality, to the effect the petitioners may have the inspection and use therof in ther tryall for pyrracie and other crymes befor the high Court of Admirality.

At Edinburgh 20 February 1705

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Act

Act appointing Captain Green’s papers to be delivered to the clerk of the admiralty

Concerning the petition given in and presented to the lords of her majesty’s privy council by Captain Thomas Green, commander of the ship Worcester, Captain John Madder, and remnant officers aboard the said ship, showing that they might be the better enabled to exculpate and defend themselves in the criminal process indicted against them before the judges of the high court of admiralty, craving the said lords to grant warrant to the clerks of council, to transmit into the office of the high court of admiralty, the seal with a lignum vitae handle, which is pretended to be that of the Scots African and Indian Company. And likewise to grant warrant for delivering to them their journals, commissions, orders, and other writs which were by a committee of the said lords brought from their ship the Worcester, and are in the keeping either of the committee, or the said lords their clerks, which writs the petitioners were told by their lawyers were absolutely necessary for their defence, As also that the said lords might be pleased to order that two of their company, prisoners at Leith, and the four which were in the Canongate might be transmitted to the tolbooth of Edinburgh, that their lawyers might have easy access, and speak with the whole company together, as the said petition bears. The lords of her majesty’s privy council having considered the within petition given in to them by Captain Thomas Green, commander of the ship the Worcester, Captain John Madder, chief mate, and remnant officers of the said ship, and the same being read in their presence, the said lords do hereby recommend to [David Melville] earl of Leven to deliver the whole writs and papers in his custody belonging to the petitioners, with the seal that has a lignum vitae handle, into the clerks of council, to be by them put in the hands of the clerk of the high court of admiralty. And to Sir James Stewart, her majesty’s advocate, also to put such of the writs and papers as are in his custody in the hands of the said clerk of the high court of admiralty. And appoint and ordain Roderick Mackenzie, clerk to the African Company, to deliver what books, papers, writs, and others he has in his custody belonging to the petitioners to the said clerk of the high court of admiralty, to the effect the petitioners may have the inspection and use thereof in their trial for piracy and other crimes before the high court of admiralty.

1. NRS, PC1/53, 361-2.

2. Insertion.

1. NRS, PC1/53, 361-2.

Order, 20 February 1705, Edinburgh

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Att Edinburgh the Twentieth day of February Jaj vijc and fyve years

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Order

Instructions to Captain Campbell

By the Lords of her Majesties most honourable Privie Counsell, The Instructions following are given to Captain Matthew Campbell Commander of her Majesties Shipe The Dumbartoun Castell, In prosecution, and for better executeing his Commission, And to be by him punctuallie observed wpon his perrill, /1o/ Yow are to be in readieness and Saill from Newport Glasgow to the Mouth of Clyde against the tenth day of March nixt to come wind and weather Serving. 2o/ And from thence yow are to cruize betwixt the Isle of Tarrie and the Mule of Galloway And from that the length of Lambie Island2 near Dubline, And to take and have wnder your protection and Convoy all vessells and Ships belonging to her Majesties Subjects that Shall fall in yor way in that cruise, And conduct them Safely to ther respective ports. 3o/ Yow are to defend yorselfe and Ships wnder yor Convoy against all her Majesties enemies whither French or Spaniards, and all others with whom her Majestie is at present engaged in warr who Shall presume to attack yow, to the outermost of yor power, And to endeavor by all your force to Subdue them, and bring them in as pryze, And to be declaired Such. 4o/ Yow are also as yow find occasion and yorselfe in condition to attack and Sett upon all her Majesties enemyes, And endeavour by all your force to Subdue them, and Seaze ther Ships and goods. 5o/ Yow are also to Search all Ships goeing to or comeing from France and Spain or any of the dominions belonging to the saids kingdoms, And if yow find them carrieing Counterband goods to any enemyes Countrie, To Sease them, ther Ships and haill goods, and bring them in as pryze. 6o/ Yow are to observe the tyme of yor cruising, and all other articles contained in yor Contract with the Lords of her Majesties Theasaurie. 7o/ Yow are carefully from tyme to tyme to advyse ws of all that occurrs dureing yor cruise; Given at Edinburgh the Twentieth day of February Jaj vijc and fyve years Sic Subscribitur Tweddale Cancellar I.P.D.

At Edinburgh 20 February 1705

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Order

Instructions to Captain Campbell

By the lords of her majesty’s most honourable privy council, the instructions following are given to Captain Matthew Campbell, commander of her majesty’s ship the Dumbarton Castle, in prosecution and for better executing his commission, and to be by him punctually observed upon his peril. /1/ You are to be in readiness and sail from Newport Glasgow to the mouth of Clyde against 10 March next to come, wind and weather serving. /2/ And from thence you are to cruise between the isle of Tiree and the Mull of Galloway, and from that the length of Lambay Island near Dublin, and to take and have under your protection and convoy all vessels and ships belonging to her majesty’s subjects that shall fall in your way in that cruise, and conduct them safely to their respective ports. /3/ You are to defend yourself and ships under your convoy against all her majesty’s enemies, whether French or Spaniards, and all others with whom her majesty is at present engaged in war, who shall presume to attack you, to the utmost of your power, and to endeavour by all your force to subdue them, and bring them in as prize, and to be declared Such. /4/ You are also as you find occasion and yourself in condition to attack and set upon all her majesty’s enemies, and endeavour by all your force to subdue them, and seize their ships and goods. /5/ You are also to search all ships going to or coming from France and Spain, or any of the dominions belonging to the said kingdoms, and if you find them carrying contraband goods to any enemy country, to seize them, their ships, and whole goods, and bring them in as prize. /6/ You are to observe the time of your cruising, and all other articles contained in your contract, with the lords of her majesty’s treasury. /7/ You are carefully from time to time to advise us of all that occurs during your cruise. Given at Edinburgh 20 February 1705 Sic Subscribitur Tweeddale chancellor I.P.D.

1. NRS, PC1/53, 361.

2. The letter ‘s’ scored out here.

1. NRS, PC1/53, 361.

Sederunt, 20 February 1705, Edinburgh

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Att Edinburgh the Twentieth day of February Jaj vijc and fyve years1

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Sederunt

Lord Chancellor; Marquis of Annandale P.C.; Earl of Rothes P.S.; Marquis of Lothian; Earl of Buchan; Earl of Loudoun; Earl of Levine; Earl of Ruglen; Earl of Hyndfurd; Earl of Roseberrie; Lord Ballhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Ensteruther; Mr Fr Montgomrie; Laird of Blaccader; Laird of Ormiestoun younger; Lord Provest of Edinburgh

At Edinburgh 20 February 17051

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Sederunt

[John Hay, marquis of Tweeddale] lord chancellor; [William Johnston] marquis of Annandale, president of council; [John Leslie] earl of Rothes, lord privy seal; [William Kerr] marquis of Lothian; [David Erskine] earl of Buchan; [Hugh Campbell] earl of Loudoun; [David Melville] earl of Leven; [John Hamilton] earl of Ruglen; [John Carmichael] earl of Hyndford; [Archibald Primrose] earl of Rosebery; [John Hamilton] Lord Belhaven; [Sir James Stewart of Goodtrees] lord advocate; [George Baillie of Jerviswood] lord treasurer depute; [Adam Cockburn] lord justice clerk; [Sir William Anstruther] Lord Anstruther; Francis Montgomerie; [Sir John Home] laird of Blackadder; [John Cockburn] laird of Ormiston younger; [Sir Patrick Johnston] lord provost of Edinburgh

1. NRS, PC1/53, 361.

2. NRS, PC1/53, 361.

1. NRS, PC1/53, 361.

2. NRS, PC1/53, 361.