Tag Archives: 23 January 1705

Decreet, 23 January 1705, Edinburgh

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Edinburgh 23d January 1705

D1705/1/161

Decreet

Decreit David McCulloch etc against Bayne of Tulloch

Anent the petition given in and presented to the Lords of her Majesties privie Councill By David MacCullochs Shewing That it is knowen to some of their Lordships number, and evident by the Councill minuts, That their petitioners were obliedged in December last, and the dead of Winter, to the extream hazard of their lives and detriment of their offices and affairs to Come to this place to bear witnes in the proces intented befor their Lordships, at the instance of John Bayne younger of Tulloch, and Sir John Dempster of Pitliver againest the Earle of Seaforth and other Defenders therin named And the Defenders not Compearing then, and consequently no ground to examine them, Their Lordships most justly Ordained the persuers to pay to them what is ordinarly allowed to Witnesses in Such cases, for the twenty two dayes they Spent in comeing and Staying heire, and returning home, But one way and other they so minched their Lordships allowance, that each of them gott but eleven pounds Sixteen Shilling Scots, albeit they could declaire upon oath that besyde horsehyre back and fore and their expense in this place, Fyftie pound Scots did not defray each of their charges, and now, albeit that none of the Defenders (except the Earle of Seaforth) are come to Toun, And that it was nottour to the persuers that they could not be apprehended, and that consequently there was no necessity to obliedge them to leave their offices and affairs at home, and expose themselves to any expense of tyme, travell, or money in comeing a Second tyme to this place, yet by vertue of a charge of horning given the Sherriffe principall of the Shyre of Ross (within which they reside) and his Deput, they were apprehendit by the said Deput, and obliedged either to go to prison, or find Caution under a considerable penalty of money, and to be carried prisoners from Shyre to Shyre To Compear befor their Lordships and bear Witness in the said proces the first Teusday of July, as the Declarations granted by the Sherriffe Depute to them therupon, and the Sherriffs report in the Clerks hands would testifie, where through they have been obleist to repair to this place Second tyme to no purpose, And therby (To the great detriment of their Trusts in their offices as Magistrat, Theasaurer and Collector of the said Burgh, and of their privat affairs) To expose themselves to great expense of tyme, travell and money in comeing and returning Two Hundered and Sixty myles, Besydes three Ferries and severall rivers and waters, and staying heire, and seeing ane instance of the like hard treatment can hardly be given, and that the persuers may at this rate expose them to frequent journeyes, and the greatest hardships, and that this is of dangerous consequences and preparative to the whole Liedges. Therfore Craving the Saids Lords to take the premisses to their Serious consideration, and to dismiss their petitioners, and ordaine them to be no farther troubled or molested in that matter And to modifie large expences to each of them both to make up their losses in the former, and the great charges of this their last journey, and their aboad heire both tymes, And appoynt the same to be payed to them without any defaliations, Else what their Lordships in justice will appoynt, will (as formerly) be made a Shamm and elusory as the said petition bears, Which petition being upon the twentie eighth day of December Jaj vic nynty nyne, read in presence of the saids Lords, They allowed the saids Laird of Tulloch and Pitlyver or their Lawiers and agents to See and answer the same, Therafter the said petition with answers therto being upon the nynth day of January One thousand seven hundereth years, again Considered by the saids Lords They nominated and appoynted the Lord Rankeillor and the Laird of Stevensone to be a Committie to Consider the said petition, And Recommends to them to modifie the expences to be payed to the saids witnesses, and to Consider by whom the samen should be paid, and Recommended to the said Committie to meet any tyme the morrow, and to report with their first conveniency And accordingly the said Committie having conforme to the Remitt made to them for that effect mett upon the eleventh day of January Jaj vic years, They made their report as followes, Patrick Lamb one of the petitioners Compeared befor the Committie, and Declaired he did not insist for his expences, But the Committie finds the Three other Witnesses petitioners did come up with the said Patrick Lamb, and that all of them were Six weeks from their comeing up to their returne having come voluntarly by the Sheriffs order, and the Committie finds there was a petition given in by the Witnesses upon the twentie Sixth day of July Jaj vic and nyntie eighth befor Tulloch gott his Decreit, and the bill is ordained to be Seen and answered, and upon the twenty second day of november therafter Tulloch obtains his Decreit for Fyve Hundereth pound Sterling of Fyne and Damnadges, but there was notice taken of these witnesses above Tulloch contends that having gotten his Decreit, he cannot be now Subject Summarly by bill to answer this petition for expenses, and the Earle of Seaforth Should be Subject and not he, Since the modification of his Damnadges was without respect to their Witnesses, Secundo Tulloch is Content to assigne the witnesses to as much of the fyne already imposed be the Decreit againest the Earle of Seaforth, as the said report bears, Therafter there being ane other petition given to the Saids Lords by the said David MacCulloch late Baillie, Donald Davidson, Thesaurer and Keneth Mackenzie Burgess of the Burgh of Fortross, Shewing That in the ryot persued by John Bain younger of Tulloch, and the Deceast Sir John Dempster of Pitliver, befor their Lordships in the years Jaj vic and nynty Seven and nynty eighth, againest the last deceast Earle of Seaforth, and other Defenders, Their petitioners (and the deceast Patrick Lamb then Collector of the Supply and excise of the said Burgh) were Cited as witnesses, and in obedience to the Citations were obliedged in December Jaj vic nynty Seven years, (in the dead of winter, and to the extream hazard of their lives and detriment of their offices and affairs) To Come to this place, and the Defenders not Compearing then, and there being consequently no occasion to examine them, Their Lordships most justly Ordained the persuers to pay to them what was ordinarly allowed to witnesses in Such cases, For the Twentie two dayes they spent in comeing to and staying in this place and returning home, But the persuers obliedged them to accept of eleven pound Sixtein Shilling Scots, or want altogether, albeit they could Declaire upon oath that besyde horse hyre fore and back, and their expense in this place, Fyftie pound Scots did not defray each of their charges, Fyve or six moneths therafter upon a charge given to the Sherriff principall and Deput of Ross (within whose Jurisdiction they reside) they being obliedged to give bond, under a considerable penaltie to Come a Second tyme to this place, and bear witnes in the said matter, or be convoyed from Shyre to Shyre, they and the said Deceast Patrick Lamb did accordingly come, and in their journey South and North, rode Two Hundered and Sixty miles, besydes passing and repassing three Ferries and severall Rivers, and none of the Defenders Compearing but the Earle of Seaforth, they were detained heire, and Spent in all Six weeks tyme To the great Detriment of their Trust and offces, as Magistrat, Theasaurer, and Collector of the said Burgh and of their privat affairs, They were at length examined, and Dismissed by their Lordships and dureing their stay heire The Said Bain of Tulloch haveing given him the said David MacCulloch Fourtie three pound eight Shilling Scots to help the defraying of his own and neighbours charges, Did take his Bond therfore untill the issue of ther proces, and their Lordships upon advyseing of the lybell and probation having Decerned the said Earle of Seaforth, To pay Fyve Hundereth pound sterling to Tulloch Bayne for the ryott, and all charges of the proces, which was thereafter Secured to Tulloch, but he refuseing to pay to the petitioners what was allowed ordinarly to witnesses, they applyed be petition to their Lordships Representing the above matter of fact, and Craving their Lordships would modifie expenses to them, for their very expensive long, and troublesome journeys first and last, Which being remitted to a Committie, and Tulloch alleadging he had not gott payment of the Fyve hundereth pound Sterling, and it being answered that he had gott Security therfore, The Committie by their report written and Subscrybed on the end of their petition, Found there were expenses for Six weeks due to them, and that Tulloch Should assigne to them So much of the Security he gott for the fyve hundereth pound sterling as would pay the saids expences as appears by the said petition and report heirwith produced, They living at a considerable distance, and justly fearing that their expences in Seeking the Saids expences would exceed what they could gett, have never moved in the said matter Since that tyme, untill now that albeit Tulloch had gott payment of, or transacted the Fyve Hundereth pound, and actually transacted with, and payed the said Patrick Lamb, as appears by the report, yet he not only refuses to pay them the expences, but also most unjustly assigned the forsaid bond granted by him the said David MacCulloch for the forsaid Fourtie three pound eight Shilling Scots, which he gave him to defray a pairt of his own and Neighbours expences, and took his Bond untill the issue of the proces as said is, to his Brother german, who had charged him with horning for payment, Therfore Craveing it might please their Lordships to take the premisses, with their former petition and report theron to consideration, and conforme therto Ordaine the said Bayne of Tulloch To make payment to them, of the forsaids expences for six weeks, and what further their Lordships should find just, for the great expensses and trouble they were exposed to both in the winter journey they made, and in seeking of the saids expences now and formerly by petitions and otherwayes, as the said petition bears Which petition being upon the eighteenth day of January instant read in presence of the saids Lords They appoynted and ordained the Samen to be intimate to John Bain younger of Tulloch, or to his advocats Factors and Agents by ane Nottar and Witnesses as effeirs, that the samen may be seen and answered nixt Councill day, Which petition being upon the day and date of their presents read in presence of the saids Lords with ane Instrument of Intimation to Baine of Tulloch advocats and agents, The saids Lords Doe heirby appoynt and Ordaine John Bain younger of Tulloch to content and pay to the petitioners each of them, the soume of Sixteen Shilling Scots money being horsemen for each day for the space of six weeks from their comeing up to their return, Extending in haill to each of the saids persons to the Soume of Threttie three pounds twelve Shilling, and appoynts and Ordaines the said Bain of Tulloch to make payment therof accordingly And appoynts letters of horning under the Signet of Councill upon six dayes to be direct heirupon.

Edinburgh 23d January 1705

D1705/1/161

Decreet

Decreit David McCulloch etc against Bayne of Tulloch

Anent the petition given in and presented to the Lords of her Majesties privie Councill By David MacCullochs Shewing That it is knowen to some of their Lordships number, and evident by the Councill minuts, That their petitioners were obliedged in December last, and the dead of Winter, to the extream hazard of their lives and detriment of their offices and affairs to Come to this place to bear witnes in the proces intented befor their Lordships, at the instance of John Bayne younger of Tulloch, and Sir John Dempster of Pitliver againest the Earle of Seaforth and other Defenders therin named And the Defenders not Compearing then, and consequently no ground to examine them, Their Lordships most justly Ordained the persuers to pay to them what is ordinarly allowed to Witnesses in Such cases, for the twenty two dayes they Spent in comeing and Staying heire, and returning home, But one way and other they so minched their Lordships allowance, that each of them gott but eleven pounds Sixteen Shilling Scots, albeit they could declaire upon oath that besyde horsehyre back and fore and their expense in this place, Fyftie pound Scots did not defray each of their charges, and now, albeit that none of the Defenders (except the Earle of Seaforth) are come to Toun, And that it was nottour to the persuers that they could not be apprehended, and that consequently there was no necessity to obliedge them to leave their offices and affairs at home, and expose themselves to any expense of tyme, travell, or money in comeing a Second tyme to this place, yet by vertue of a charge of horning given the Sherriffe principall of the Shyre of Ross (within which they reside) and his Deput, they were apprehendit by the said Deput, and obliedged either to go to prison, or find Caution under a considerable penalty of money, and to be carried prisoners from Shyre to Shyre To Compear befor their Lordships and bear Witness in the said proces the first Teusday of July, as the Declarations granted by the Sherriffe Depute to them therupon, and the Sherriffs report in the Clerks hands would testifie, where through they have been obleist to repair to this place Second tyme to no purpose, And therby (To the great detriment of their Trusts in their offices as Magistrat, Theasaurer and Collector of the said Burgh, and of their privat affairs) To expose themselves to great expense of tyme, travell and money in comeing and returning Two Hundered and Sixty myles, Besydes three Ferries and severall rivers and waters, and staying heire, and seeing ane instance of the like hard treatment can hardly be given, and that the persuers may at this rate expose them to frequent journeyes, and the greatest hardships, and that this is of dangerous consequences and preparative to the whole Liedges. Therfore Craving the Saids Lords to take the premisses to their Serious consideration, and to dismiss their petitioners, and ordaine them to be no farther troubled or molested in that matter And to modifie large expences to each of them both to make up their losses in the former, and the great charges of this their last journey, and their aboad heire both tymes, And appoynt the same to be payed to them without any defaliations, Else what their Lordships in justice will appoynt, will (as formerly) be made a Shamm and elusory as the said petition bears, Which petition being upon the twentie eighth day of December Jaj vic nynty nyne, read in presence of the saids Lords, They allowed the saids Laird of Tulloch and Pitlyver or their Lawiers and agents to See and answer the same, Therafter the said petition with answers therto being upon the nynth day of January One thousand seven hundereth years, again Considered by the saids Lords They nominated and appoynted the Lord Rankeillor and the Laird of Stevensone to be a Committie to Consider the said petition, And Recommends to them to modifie the expences to be payed to the saids witnesses, and to Consider by whom the samen should be paid, and Recommended to the said Committie to meet any tyme the morrow, and to report with their first conveniency And accordingly the said Committie having conforme to the Remitt made to them for that effect mett upon the eleventh day of January Jaj vic years, They made their report as followes, Patrick Lamb one of the petitioners Compeared befor the Committie, and Declaired he did not insist for his expences, But the Committie finds the Three other Witnesses petitioners did come up with the said Patrick Lamb, and that all of them were Six weeks from their comeing up to their returne having come voluntarly by the Sheriffs order, and the Committie finds there was a petition given in by the Witnesses upon the twentie Sixth day of July Jaj vic and nyntie eighth befor Tulloch gott his Decreit, and the bill is ordained to be Seen and answered, and upon the twenty second day of november therafter Tulloch obtains his Decreit for Fyve Hundereth pound Sterling of Fyne and Damnadges, but there was notice taken of these witnesses above Tulloch contends that having gotten his Decreit, he cannot be now Subject Summarly by bill to answer this petition for expenses, and the Earle of Seaforth Should be Subject and not he, Since the modification of his Damnadges was without respect to their Witnesses, Secundo Tulloch is Content to assigne the witnesses to as much of the fyne already imposed be the Decreit againest the Earle of Seaforth, as the said report bears, Therafter there being ane other petition given to the Saids Lords by the said David MacCulloch late Baillie, Donald Davidson, Thesaurer and Keneth Mackenzie Burgess of the Burgh of Fortross, Shewing That in the ryot persued by John Bain younger of Tulloch, and the Deceast Sir John Dempster of Pitliver, befor their Lordships in the years Jaj vic and nynty Seven and nynty eighth, againest the last deceast Earle of Seaforth, and other Defenders, Their petitioners (and the deceast Patrick Lamb then Collector of the Supply and excise of the said Burgh) were Cited as witnesses, and in obedience to the Citations were obliedged in December Jaj vic nynty Seven years, (in the dead of winter, and to the extream hazard of their lives and detriment of their offices and affairs) To Come to this place, and the Defenders not Compearing then, and there being consequently no occasion to examine them, Their Lordships most justly Ordained the persuers to pay to them what was ordinarly allowed to witnesses in Such cases, For the Twentie two dayes they spent in comeing to and staying in this place and returning home, But the persuers obliedged them to accept of eleven pound Sixtein Shilling Scots, or want altogether, albeit they could Declaire upon oath that besyde horse hyre fore and back, and their expense in this place, Fyftie pound Scots did not defray each of their charges, Fyve or six moneths therafter upon a charge given to the Sherriff principall and Deput of Ross (within whose Jurisdiction they reside) they being obliedged to give bond, under a considerable penaltie to Come a Second tyme to this place, and bear witnes in the said matter, or be convoyed from Shyre to Shyre, they and the said Deceast Patrick Lamb did accordingly come, and in their journey South and North, rode Two Hundered and Sixty miles, besydes passing and repassing three Ferries and severall Rivers, and none of the Defenders Compearing but the Earle of Seaforth, they were detained heire, and Spent in all Six weeks tyme To the great Detriment of their Trust and offces, as Magistrat, Theasaurer, and Collector of the said Burgh and of their privat affairs, They were at length examined, and Dismissed by their Lordships and dureing their stay heire The Said Bain of Tulloch haveing given him the said David MacCulloch Fourtie three pound eight Shilling Scots to help the defraying of his own and neighbours charges, Did take his Bond therfore untill the issue of ther proces, and their Lordships upon advyseing of the lybell and probation having Decerned the said Earle of Seaforth, To pay Fyve Hundereth pound sterling to Tulloch Bayne for the ryott, and all charges of the proces, which was thereafter Secured to Tulloch, but he refuseing to pay to the petitioners what was allowed ordinarly to witnesses, they applyed be petition to their Lordships Representing the above matter of fact, and Craving their Lordships would modifie expenses to them, for their very expensive long, and troublesome journeys first and last, Which being remitted to a Committie, and Tulloch alleadging he had not gott payment of the Fyve hundereth pound Sterling, and it being answered that he had gott Security therfore, The Committie by their report written and Subscrybed on the end of their petition, Found there were expenses for Six weeks due to them, and that Tulloch Should assigne to them So much of the Security he gott for the fyve hundereth pound sterling as would pay the saids expences as appears by the said petition and report heirwith produced, They living at a considerable distance, and justly fearing that their expences in Seeking the Saids expences would exceed what they could gett, have never moved in the said matter Since that tyme, untill now that albeit Tulloch had gott payment of, or transacted the Fyve Hundereth pound, and actually transacted with, and payed the said Patrick Lamb, as appears by the report, yet he not only refuses to pay them the expences, but also most unjustly assigned the forsaid bond granted by him the said David MacCulloch for the forsaid Fourtie three pound eight Shilling Scots, which he gave him to defray a pairt of his own and Neighbours expences, and took his Bond untill the issue of the proces as said is, to his Brother german, who had charged him with horning for payment, Therfore Craveing it might please their Lordships to take the premisses, with their former petition and report theron to consideration, and conforme therto Ordaine the said Bayne of Tulloch To make payment to them, of the forsaids expences for six weeks, and what further their Lordships should find just, for the great expensses and trouble they were exposed to both in the winter journey they made, and in seeking of the saids expences now and formerly by petitions and otherwayes, as the said petition bears Which petition being upon the eighteenth day of January instant read in presence of the saids Lords They appoynted and ordained the Samen to be intimate to John Bain younger of Tulloch, or to his advocats Factors and Agents by ane Nottar and Witnesses as effeirs, that the samen may be seen and answered nixt Councill day, Which petition being upon the day and date of their presents read in presence of the saids Lords with ane Instrument of Intimation to Baine of Tulloch advocats and agents, The saids Lords Doe heirby appoynt and Ordaine John Bain younger of Tulloch to content and pay to the petitioners each of them, the soume of Sixteen Shilling Scots money being horsemen for each day for the space of six weeks from their comeing up to their return, Extending in haill to each of the saids persons to the Soume of Threttie three pounds twelve Shilling, and appoynts and Ordaines the said Bain of Tulloch to make payment therof accordingly And appoynts letters of horning under the Signet of Councill upon six dayes to be direct heirupon.

1. NRS, PC2/28, 358r-360v.

1. NRS, PC2/28, 358r-360v.

Act, 23 January 1705, Edinburgh

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Edinburgh 23d January 1705

D1705/1/151

Act

Act appoynting a Birthbrieff to be extendd in favours of Master Alexander Marfield

Anent the petition given in and presented to the Lords of her Majesties privie Councill, By Master Alexander Marfield principall Secretary of State to his Highness the Duke of Zell, Shewing That where Alexander Marfield alias Mcphaill the petitioners Father having been a Souldier in Germany did marry a Lady of a noble Family called Attandelslohens in the Country of Zell, and the petitioner being to obtain a Birthbrieff as to the Descent of his said Father under the great Seall of Scotland, which is easily to be found He being Descended of the noble Family of Southerland by his mother, the petitioners Grandmother, and of the noble Family of Mckayes Lord Rae on the Fathers syde, as is verified by good and authentick Documents and attestations of persons of the best Rank, Therfore Craveing The Saids Lords to give order and warrant to the Director of her Majesties Chancellary and his Deputs to Record the Geanologie of the Petitioners Father, and to the Lord Chancelor and his Deputs to append the Great Seall therto, And to the Lyon King at Armes, Heraulds and Herauld painters etc To Blazon and paint the severall Coats of Armes off the Families mentioned in the Brieff to the end, the Nobilitie of the petitioners descent by his Father and Grandmother may appear in Forreigne Countries where (by the providence of God) he is placed Conforme to the saids Lords their usuall Custome in the lyke cases, as the said petition bears, The Lords of her Majesties privie Councill haveing Considered the above petition given in to them by Master Alexander Marfield principall Secretary of State to his Highness the Duke of Zell, and the samen with ane Certificat of the petitioners Genologie, and Descent under the hands of the Earles of Southerland, and Lauderdale, Ludovick Grant of that Ilk, and David Southerland of Kinald, dated in the moneth of January instant being Read in their presence, The Saids Lords Doe heirby give order and warrand to the Director of her Majesties Chancellary and his Deputs to extend and expede a Birth Brieffe in the petitioners favours Conforme to the forsaid Certificat, And to the Keeper of the great Seall and his Deputs to append the Samen therto

Edinburgh 23d January 1705

D1705/1/151

Act

Act appoynting a Birthbrieff to be extendd in favours of Master Alexander Marfield

Anent the petition given in and presented to the Lords of her Majesties privie Councill, By Master Alexander Marfield principall Secretary of State to his Highness the Duke of Zell, Shewing That where Alexander Marfield alias Mcphaill the petitioners Father having been a Souldier in Germany did marry a Lady of a noble Family called Attandelslohens in the Country of Zell, and the petitioner being to obtain a Birthbrieff as to the Descent of his said Father under the great Seall of Scotland, which is easily to be found He being Descended of the noble Family of Southerland by his mother, the petitioners Grandmother, and of the noble Family of Mckayes Lord Rae on the Fathers syde, as is verified by good and authentick Documents and attestations of persons of the best Rank, Therfore Craveing The Saids Lords to give order and warrant to the Director of her Majesties Chancellary and his Deputs to Record the Geanologie of the Petitioners Father, and to the Lord Chancelor and his Deputs to append the Great Seall therto, And to the Lyon King at Armes, Heraulds and Herauld painters etc To Blazon and paint the severall Coats of Armes off the Families mentioned in the Brieff to the end, the Nobilitie of the petitioners descent by his Father and Grandmother may appear in Forreigne Countries where (by the providence of God) he is placed Conforme to the saids Lords their usuall Custome in the lyke cases, as the said petition bears, The Lords of her Majesties privie Councill haveing Considered the above petition given in to them by Master Alexander Marfield principall Secretary of State to his Highness the Duke of Zell, and the samen with ane Certificat of the petitioners Genologie, and Descent under the hands of the Earles of Southerland, and Lauderdale, Ludovick Grant of that Ilk, and David Southerland of Kinald, dated in the moneth of January instant being Read in their presence, The Saids Lords Doe heirby give order and warrand to the Director of her Majesties Chancellary and his Deputs to extend and expede a Birth Brieffe in the petitioners favours Conforme to the forsaid Certificat, And to the Keeper of the great Seall and his Deputs to append the Samen therto

1. NRS, PC2/28, 357v-358r.

1. NRS, PC2/28, 357v-358r.

Warrant, 23 January 1705, Edinburgh

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Edinburgh 23d January 1705

D1705/1/141

Warrant

Warrand for extracting Anna Chiesleyes act of the former date

The Lords of her Majesties privie Councill Doe heirby appoynt and Ordaine the act odaining Anna Cheisley to be sett at libertie furth of the Correction house, and to depairt furth of the Kingdome, and not to return therto under the paine of being transported to her Majesties plantation to goe out and be extracted 2 of the former date.

Edinburgh 23d January 1705

D1705/1/141

Warrant

Warrand for extracting Anna Chiesleyes act of the former date

The Lords of her Majesties privie Councill Doe heirby appoynt and Ordaine the act odaining Anna Cheisley to be sett at libertie furth of the Correction house, and to depairt furth of the Kingdome, and not to return therto under the paine of being transported to her Majesties plantation to goe out and be extracted 2 of the former date.

1. NRS, PC2/28, 357v.

2. One illegible word scored out here.

1. NRS, PC2/28, 357v.

2. One illegible word scored out here.

Sederunt, 23 January 1705, Edinburgh

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Edinburgh 23d January 17051

D1705/1/132

Sederunt

Lord Chancelor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Marquis of Lothian; Earl of Crafuird; Earl of Sutherland; Earl of Buchan; Lord Halcraig; Lord Anstruther; Earl of Lauderdale; Earl of Loudoun; Earl of Findlater; Earl of Leven; Earl of Forfar; Earl of Ruglen; Earl of Roseberry; Lord Phesdo; Livetenent General Ramsay; Earl of Hoptoun; Lord Belhaven; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Arnistoun; Mr Fra: Montgomery; Laird of Ormistoun younger

Edinburgh 23d January 17051

D1705/1/132

Sederunt

Lord Chancelor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Marquis of Lothian; Earl of Crafuird; Earl of Sutherland; Earl of Buchan; Lord Halcraig; Lord Anstruther; Earl of Lauderdale; Earl of Loudoun; Earl of Findlater; Earl of Leven; Earl of Forfar; Earl of Ruglen; Earl of Roseberry; Lord Phesdo; Livetenent General Ramsay; Earl of Hoptoun; Lord Belhaven; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Arnistoun; Mr Fra: Montgomery; Laird of Ormistoun younger

1. NRS, PC2/28, 357v.

2. NRS, PC2/28, 357v.

1. NRS, PC2/28, 357v.

2. NRS, PC2/28, 357v.

Procedure, 23 January 1705, Edinburgh

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Att Edinburgh the Twentie third day of January Jaj vijc and fyve yeirs

A1705/1/221

Procedure

Recommendation to the Committie anent the East India Ship to meet

The Lords of her Majesties privie Councill Doe heirby Recommend to the Committie formerly appoynted anent the East India Shipe the Worchester to meet to morrow at twelve acloak, and appoynts the Meacers to advertise them accordingly.

At Edinburgh 23 January 1705

A1705/1/221

Procedure

Recommendation to the committee concerning the East India Ship to meet

The lords of her majesty’s privy council do hereby recommend to the committee formerly appointed concerning the East India ship the Worcester to meet tomorrow at 12 o’clock, and appoints the macers to advertise them accordingly.

1. NRS, PC1/53, 349.

1. NRS, PC1/53, 349.

Warrant, 23 January 1705, Edinburgh

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Att Edinburgh the Twentie third day of January Jaj vijc and fyve yeirs

A1705/1/211

Warrant

Warrand for transporting four women from Aberdeen to be tryed befor the Justice Court

Anent the petition given in and presented to the Lords of her Majesties privie Counsell By Andrew Fraser of Kinnmundie and George Keith of Clackriach Shirreff deputs of Aberdeen, Shewing that wher ther four women then prisoners In the Tollbooth of Aberdeen for the alleadged crymes of murdering their own children Viz Elizabeth Archibald In the parish of Banchory, Christian Mair in the parish of Aberdour Isobell Walker in the parish of Kinairnie, and Isobell Law in the parish of New-Machar, and who wer Sent in to the petitioners as Shirreffs of the Shyre and have continued in prisone for a considerable tyme, And who truly have nothing wherby to maintaine themselves, except what wee allow them out of charitie And Seeing it was highly reasonable that they Should be brought wnto a tryall which the petitioners conceaved themselves not capable to doe, unless they wer for that end Impowered by the saids Lords, as was usuall to be done in the lyke cases, or otherwayes that they Should be brought South, and tryed heir befor the Lords of Justiciary, And therfor Craving it might please the saids Lords to consider the premisses, and to ordaine the forsaids persons either to be transmitted heir to Edinburgh from Shirreff to Shirreff, or otherwayes to grant warrand and Commission to the petitioners, and such others as the saids Lords should please to adjoyne for Judgeing the saids persons and bringing them to a legall tryall, with power and warrand to them for granting warrand to cite wittnesses and assyzers, and to doe all other things requisite theranent, which are usuall In the lyke case, as the said petition bears, The Lords of her Majesties privie Counsell haveing upon the Sixteenth day of January instant Considered the said petition given in to them by the saids shirreff deputs of Aberdeen, and the Same being read in ther presence, They delayed the advyseing therof, Lykeas upon the day and date of ther presents, The saids Lords of her Majesties priviy Counsell haveing again considered the said petition given in to them by the saids shirreff deputs of Aberdeen, and the Samen being read in their presence, The Saids Lords doe heirby Appoynt and Ordaine the four women mentioned in the said petition prisoners in the Tollbooth of Aberdeen To be brought over to Edinburgh from Shirreff to Shirreff to be tryed befor the Justice Court their, and Recommends to Sir James Steuart her Majesties Advocat to Judge and prosecute them accordingly, And Ordains the Magistrats of Edinburgh to receive them prisoners when they come accordingly.

At Edinburgh 23 January 1705

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Warrant

Warrant for transporting four women from Aberdeen to be tried before the justiciary court

Concerning the petition given in and presented to the lords of her majesty’s privy council by Andrew Fraser of Kinmundy and George Keith of Clackriach, sheriff deputes of Aberdeen, showing that where the four women then prisoners in the tolbooth of Aberdeen for the alleged crimes of murdering their own children viz Elizabeth Archibald in the parish of Banchory, Christian Mair in the parish of Aberdour, Isobel Walker in the parish of Kinearny, and Isobel Law in the parish of New Machar, and who were sent in to the petitioners as sheriffs of the shire, and have continued in prison for a considerable time, and who truly have nothing whereby to maintain themselves, except what we allow them out of charity. And seeing it was highly reasonable that they should be brought to a trial, which the petitioners conceived themselves not capable to do, unless they were for that end empowered by the said lords, as was usual to be done in the like cases, or otherwise that they should be brought south, and tried here before the lords of justiciary, and therefore craving it might please the said lords to consider the premises, and to ordain the foresaid persons either to be transmitted here to Edinburgh from sheriff to sheriff, or otherwise to grant warrant and commission to the petitioners, and such others as the said lords should please to adjoin, for judging the said persons and bringing them to a legal trial, with power and warrant to them for granting warrant to cite witnesses and assizers, and to do all other things requisite thereon, which are usual in the like cases, as the said petition bears. The lords of her majesty’s privy council having upon 16 January instant considered the said petition given in to them by the said sheriff deputes of Aberdeen, and the same being read in their presence, they delayed the advising thereof. Likewise upon the day and date of these present, the said lords of her majesty’s privy council having again considered the said petition given in to them by the said sheriff deputes of Aberdeen, and the same being read in their presence, the said lords do hereby appoint and ordain the four women mentioned in the said petition, prisoners in the tolbooth of Aberdeen, to be brought over to Edinburgh from sheriff to sheriff to be tried before the justice court there, and recommends to Sir James Stewart, her majesty’s advocate, to judge and prosecute them accordingly. And ordain the magistrates of Edinburgh to receive them prisoners when they come accordingly.

1. NRS, PC1/53, 348-9.

1. NRS, PC1/53, 348-9.

Decreet, 23 January 1705, Edinburgh

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Att Edinburgh the Twentie third day of January Jaj vijc and fyve yeirs

A1705/1/201

Decreet

Decreit The Agent for the Kirk against Mr George Strachan

Anent the lybell or Letters of Complaint raised and persued befor the Lords of her Majesties privie Councill at the instance of John Blair Agent for the Kirk, with concourse of Sir James Stewart her Majesties Advocat for her highness Interest in the matter wnderwrytten, Mentioning That wherby the fyfth act of the parliament Jaj vic and nyntie presbetrie Church Government and discipline is tatified and confirmed to be the government of Christs Church, And Sicklyke by the twentie Second Act of the parliament Jaj vic and nyntie fyve yeirs, It is Statute and ordained that no persone Shall intrude himselfe into any Church, or shall exercise any pairt of the Ministeriall function within any parish without ane orderly Call from the heretors and eldershipe and legall admission from the presbetrie within whose bounds it lyes, Lykeas by the Second act of her Majesties parliament Jaj vijc and three yeirs, all the saids acts and other Laws and Statutes for establishing presbyterian Church government are Ratified and approven In the haill heads, articles and clauses therof, Nevertheless it is of veritie that Mr George Strachan Schoollmaster at Huntlie alleadged Deaconat by the exauctorat Bishops Shakeing off all regaird to her Majesties Laws and authoritie hath of late intruded himselfe into the parish of Keith and Sett up for a preacher therin, And exercises all the other pairts of the Ministeriall function as Baptiseing, marrieing etc In manifast contempt of our Saids Laws and Acts of parliament, Notwithstanding that the said kirk and parish is duly and Legally planted; By all which it is evident that the said Mr George Strachan is guiltie of a manifast Intrusion, and attempt against the present Setled constitution of the Church And of a high contempt of her Majesties Laws and authoritie, Which being proven he owght to be punished with the pains of law, And effectuallie discharged to intrude into or molest the said parish, and otherwayes punished as the Lords of privie Counsell Shall think fitt to the terror and example of others to committ the lyke in tyme comeing, And Anent the charge given to the said defender to have Compeared befor the Saids Lords of her Majesties privie Counsell wpon the day and date of thir presents, To have heard and Seen Such orders and course taken in the Said Complaint as appertains, And as the Saids Lords Should think fitt, Under the paine of rebellion and putting of him to the horne, with certification, as in the lybell or Letters of Complaint and executions therof at more Length is contained, Which lybell being called2 wpon the day and date of thir presents, And the said persuers Compearing with Sir James Steuart her Majesties Advocat personallie att the Barr, And the said defender Compearing also personallie att the barr with Mr Robert Fraser his Advocat, who for his said Client gave in the following answers to the said lybell, Ther being a Complaint raised by the said John Blair as agent for the Kirk with concourse of her Majesties Advocat Against the Said Mr George Strachan for intrudeing himselfe into the parishine of Keith, Setting up therin for a preacher, And exerciseing therin all the other pairts of the Ministeriall function, as baptizeing, marrieing etc In manifast contempt of the Laws and Acts of parliament Subsumed wpon in the said Complaint, Notwithstanding that the said Church and parishine is duly and legally planted, Concludeing therfor that he Should be punished with the pains of law, And discharged to intrude himselfe any more into the said parish; To which complaint it is answered for the said Mr George that he does not refuse his haveing preached in the said parishine to Such persons as came ther for hearing of the word, which he thought could not be the ground of a complaint wherwith to trouble the Lords of her Majesties most honourable privie Counsell, especiallie conisdering that the defender is qualified by law by takeing the oath of alleadgeance, and Signeing the assureance, And the Same reported to your lordships, and lykewayes the defender hes not been guilty of causeing any disorder, or the occasion of any tumult or breach of peace within the said parish, which the persuer cannot lay to his charge, and the defender deneyes his being anywayes guiltie of the breach of the acts of parliament anent irregular marriages And as for his preaching in the parishine, he hoped the saids Lords would not find that to be the Subject matter worth a Complaint befor ther lordships for the reasons following, Primo The Act of parliament Jaj vic nyntie fyve lybelled wpon, does not Strick against the defender, for the Same is ane act against Intruders into Churches, And those that possess themselvs of Manses, Gleibs and benefices, and exercise their Ministeriall functions within the Samen without a legall Call, and admission into the saids Churches, But so it is that the defender is not lybelled against as ane Intruder into the Said Church of Keith, Manse or benefice, and consequently the lybell is not in the terms of the said act, And owght to be rejected, And tho the said act does bear a penaltie upon Such as Shall exercise any pairt of the Ministeriall function within any parochine without ane orderly Call from the heretors and eldershipe, and legall admission from the presbetrie, The defender conceaves these words of the Act relates to Ministers that intrude themselves into the Church of the parochine, Manse or benefice therof, And that it was not the meaning of the parliament to inflict the penaltie mentioned in the said act upon any Minister who did not intrude into the Church, Manse or benefice, but preached only in a privat house within the pariochine, and did no more, which is the defenders case, Secundo In the Same very parliament Jaj vic nyntie fyve, ther was another Act Entituled Act Concerning the Church In which his Majestie and the then Estates of parliament made severall gracious concessions In favours of Ministers of the Episcopall way wherby it is plain that they never intended that Simple preaching by ane Episcopall Minister in a Private house within a parishine, Should be Sustained as a ground of complaint to inferr the pains of the said act of parliament Jaj vic nyntie fyve, Unless the preacher wer ane Intruder into the Church of the parochine, Manse or benefice And Lastly the defender being lybelled against for no irregularities or disorders, except by preaching be accounted as such, he hoped the saids Lords (with regaird to her Majesties gracious Letter directed to her3 most honourable privie Counsell Anent Ministers and others of the Episcopall way) will find this complaint raised against the defender groundless, and assolzie him therfrae, The forsaid lybell with the above answers therto being read in presence of the saids Lords, And both pairties Lawyers heard att the barr, and removed, The saids Lords of her Majesties privie Counsell haveing considered the Samen, They have Prohibite and discharged And heirby Prohibites and Discharges the said Mr George Strachan defender to preach or exercise any pairt of the Ministeriall function within the parish of Keith, Under the paine of being banished out of the Shyre of Bamff within which the said parish lyes, In case he transgress in the premisses.

At Edinburgh 23 January 1705

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Decreet

Decreet the agent for the Kirk against Mr George Strachan

Concerning the libel or letters of complaint raised and pursued before the lords of her majesty’s privy council at the instance of John Blair, agent for the Kirk, with concourse of Sir James Stewart, her majesty’s advocate for her highness’ interest in the matter underwritten, mentioning that where by the 5th act of the parliament [of] 1690 presbyterian Church government and discipline is testified and confirmed to be the government of Christ’s Church, and suchlike by the 22nd act of the parliament [of] 1695, it is statute and ordained that no person shall intrude himself into any church, or shall exercise any part of the ministerial function within any parish without an orderly call from the heritors and eldership and legal admission from the presbytery within whose bounds it lies. Likewise by the 2nd act of her majesty’s parliament [of] 1703, all the said acts and other laws and statutes for establishing presbyterian Church government are ratified and approved in the whole heads, articles, and clauses thereof. Nevertheless it is of verity that Mr George Strachan, schoolmaster at Huntly, allegedly made deacon by the acting bishops, shaking off all regard to her majesty’s laws and authority, has of late intruded himself into the parish of Keith, and set up for a preacher therein, and exercises all the other parts of the ministerial function [such] as baptising, marrying etc, in manifest contempt of our said laws and acts of parliament, notwithstanding that the said kirk and parish is duly and legally planted. By all which it is evident that the said Mr George Strachan is guilty of a manifest intrusion, and attempt against the present settled constitution of the Church and of a high contempt of her majesty’s laws and authority, which being proven he ought to be punished with the pains of law, and effectually discharged to intrude into or molest the said parish, and otherwise punished as the lords of privy council shall think fit to the terror and example of others to commit the like in time coming. And concerning the charge given to the said defender to have appeared before the said lords of her majesty’s privy council upon the day and date of these present, to have heard and seen such orders and course taken in the said complaint as appertains, and as the said lords should think fit, under the pain of rebellion and putting of him to the horn, with certification, as in the libel or letters of complaint and executions thereof at more length is contained. Which libel being called upon the day and date of these present, and the said pursuers appearing with Sir James Stewart, her majesty’s advocate personally at the bar, and the said defender appearing also personally at the bar with Mr Robert Fraser, his advocate, who for his said client gave in the following answers to the said libel. There being a complaint raised by the said John Blair as agent for the Kirk, with concourse of her majesty’s advocate against the said Mr George Strachan for intruding himself into the parish of Keith, setting up therein for a preacher, and exercising therein all the other parts of the ministerial function, [such] as baptising, marrying etc, in manifest contempt of the laws and acts of parliament subsumed upon in the said complaint, notwithstanding that the said church and parish is duly and legally planted, concluding therefor that he should be punished with the pains of law, and discharged to intrude himself any more into the said parish. To which complaint it is answered for the said Mr George that he does not refuse his having preached in the said parish to such persons as came there for hearing of the word, which he thought could not be the ground of a complaint wherewith to trouble the lords of her majesty’s most honourable privy council, especially considering that the defender is qualified by law by taking the oath of allegiance, and signing the assurance, and the same reported to your lordships. And likewise the defender has not been guilty of causing any disorder, or the occasion of any tumult or breach of peace within the said parish, which the pursuer cannot lay to his charge, and the defender denies his being at all guilty of the breach of the acts of parliament concerning irregular marriages. And as for his preaching in the parish, he hoped the said lords would not find that to be the subject matter worth a complaint before their lordships for the reasons following. Firstly, the act of parliament [of] 1695 libelled upon, does not strike against the defender, for the same is an act against intruders into churches, and those that possess themselves of manses, glebes, and benefices, and exercise their ministerial functions within the same without a legal call, and admission into the said churches, but so it is that the defender is not libelled against as an intruder into the said church of Keith, manse, or benefice, and consequently the libel is not in the terms of the said act, and ought to be rejected. And though the said act does bear a penalty upon such as shall exercise any part of the ministerial function within any parish without an orderly call from the heritors and eldership, and legal admission from the presbytery, the defender conceives these words of the act relate to ministers that intrude themselves into the church of the parish, manse, or benefice thereof, and that it was not the meaning of the parliament to inflict the penalty mentioned in the said act upon any minister who did not intrude into the church, manse, or benefice, but preached only in a private house within the parish, and did no more, which is the defender’s case. Secondly, in the same very parliament [of] 1695, there was another act entitled Act concerning the Church, in which his [then] majesty and the then estates of parliament made several gracious concessions in favour of ministers of the episcopal way, whereby it is plain that they never intended that simple preaching by an episcopal minister in a private house within a parish, should be sustained as a ground of complaint to infer the pains of the said act of parliament [of] 1695, unless the preacher was an intruder into the church of the parish, manse, or benefice. And lastly the defender being libelled against for no irregularities or disorders, except by preaching be accounted as such, he hoped the said lords (with regard to her majesty’s gracious letter directed to her most honourable privy council concerning ministers and others of the episcopal way) will find this complaint raised against the defender groundless, and absolve him therefrom. The foresaid libel with the above answers thereto being read in presence of the said lords, and both parties’ lawyers heard at the bar, and removed, the said lords of her majesty’s privy council having considered the same, they have prohibited and discharged, and hereby prohibit and discharge the said Mr George Strachan, defender, to preach or exercise any part of the ministerial function within the parish of Keith, under the pain of being banished out of the shire of Banff within which the said parish lies, in case he transgress in the premises.

1. NRS, PC1/53, 346-8.

2. Insertion.

3. The word ‘Majesties’ scored out here.

1. NRS, PC1/53, 346-8.

Act, 23 January 1705, Edinburgh

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Att Edinburgh the Twentie third day of January Jaj vijc and fyve yeirs

A1705/1/191

Act

Act In favours of the Commissioners of the Presbetrie of Hadingtoun

Anent the petition given in and presented to the Lords of her Majesties privie Counsell By the Commissioners of the presbetrie of Hadingtoun, Shewing that wher the petitioners did in Apryll Jaj vijc and three, apply to the saids Lords upon the accompt of ane unhappie division in the parish of Hadingtoun, Considering that ther Lordships would be pleased to discharge any to Interloquitor with or disturb the kirk Session ther lawfull elected and confirmed by the acts of parliament In the exercise of discipline and government compleat to them, Wherupon the saids Lords wer pleased to pronounce ane act for the interim to prevent confusion, And for preserving the peace of the place, Appoynting the elders of the said Legall Session to Collect the offerings at the Church door of the burgh and parish at and for such dyets when any Minister appoynted by the presbetrie Should preach, And appoynting the Eldershipe which served with Mr Dumbar (to which our petition related) to collect for Such dyets wheron the said Mr Dumbar Should preach; Sinse that tyme Mr John Currie hath been called by consent of the heretors, Magistrats and Elders, and hes been transported and Setled by authority of the Generall Assembli Minister of that parish In place of the deceast Mr Feirman But in the mean tyme ther being two Elderships in that parish, It occasions very great confusions and disorders, And is utterly inconsistant with discipline and presbiterian Government, And the Setleing therof in this Church particularly Act 5th parliament i690. And Act 22d parliament 1695. Wherby it is evident that the only lawfull eldershipe in the Church Is that which is Subject to and authorized by the presbetrie of the bounds, Which disorders and confusions Still continue Notwithstanding of Severall overtures made for the removeall therof and now in the Clerks hands And Seeing her Majestie hes been graciously pleased to take this nationall Church into her Royall Speciall protection, And that the execution of the publict Laws concerning the Church doth in a particular maner belong to the most honourable the privie Counsell, And therfor craving it might please ther lordships to discharge the former kirk session to interfeir or medle in the discipline and Government of that parish, And to ordaine the books and outensills belonging to the Church and the Session of the said parish, to be delyvered up to the Legall Session (as hes been done in the lyke cases) and to give such further directions in this matter, As yor lordships in your great wisdeom and prudence Shall sett meet for advanceing of truth, pietie, peace and good order in the said parish, as the said petition bears, The Lords of her Majesties privie Counsell having upon the eighteint day of January instant Considered the within Petition given in to them by the Commissioners of the presbetrie of Hadingtoun and the Samen being read in ther presence The Saids Lords doe heirby Appoynt and Ordaine Intimation to be made to Mr George Dumbar Minister at Hadingtoun, And the elders serveing with him that the Samen may be seen and and2 answered Tuesday nixt peremptorie, And the said petition being Intimat accordingly, the said Mr George Dumbar gave in the following answers therto Viz It was humbly represented to the saids Lords that the said Mr Dumbar is continued in the exercise of his Ministrie by vertue of ane Act of parliament affoording protection to Episcopall Ministers upon termes therin contained, To which the said Mr Dumbar hath given obedience, And it is conceaved that this protection will extend to all the pairts of his Ministrie, without exclusion of one pairt and reservation of another, And therfor that discipline will be reserved to him als weell as the preaching of the Gospell, And the said Mr Dumbar is so great a lover of peace that he hes been willing to goe into all measurs for preserving and promotting the Same, So as to be willing to be the hearer of Mr Currie upon condition Mr Currie would be his hearer, which was refused, And cannot but appear to yor lordships to be a sure mean of obstructing that peace and harmonie in the parish that they pretend to persue for, Wheras wer that charitable yeilding on his pairt by which the Sense of differance might be taken away, It would prove a mein for a more happie Union, which otherwayes cannot reasonably be expected And Seeing Mr Dumbar hes expressed So much forwardness in establishing peace in the parish of Hadingtoun, It was humbly expected that the saids Lords authoritie would be Interposed for him that he may enjoy the Royall protection In the exercise of his Ministrie, According to the Act of parliament provyded on that pairt, The Lords of her Majesties privie Counsell haveing this day considered the petition given in to them by the Commissioners of the presbetrie of Hadingtoun, Together with answers therto by Mr George Dumbar one of the Ministers of Hadingtoun, And the Samen being read in ther presence, The Saids Lords have prohibite and discharged, and heirby prohibites and discharges the former kirk session, which serves with the said Mr Dumbar to Interfeir or medle in the discipline and government of the said parish of Hadingtoun, And have appoynted and ordained, and heirby Appoynts and Ordains the books and outensills belonging to the Church and the Session of the said parish, to be delyvered up to the said Mr John Currie, and the kirk Session legally Setled and Serving with him.

At Edinburgh 23 January 1705

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Act

Act in favour of the commissioners of the presbytery of Haddington

Concerning the petition given in and presented to the lords of her majesty’s privy council by the commissioners of the presbytery of Haddington, showing that where the petitioners did in April 1703 apply to the said lords upon the account of an unhappy division in the parish of Haddington, considering that their lordships would be pleased to discharge any to interfere with or disturb the kirk session there, lawfully elected and confirmed by the acts of parliament, in the exercise of discipline and government competent to them, whereupon the said lords were pleased to pronounce an act for the interim to prevent confusion, and for preserving the peace of the place, appointing the elders of the said legal session to collect the offerings at the church door of the burgh and parish at and for such diets when any minister appointed by the presbytery should preach, and appointing the eldership which served with Mr Dunbar (to which our petition related) to collect for such diets whereon the said Mr Dunbar should preach. Since that time Mr John Currie has been called by consent of the heritors, magistrates, and elders, and has been transported and settled by authority of the general assembly minister of that parish in place of the deceased Mr Feirman. But in the meantime, there being two elderships in that parish, it occasions very great confusions and disorders, and is utterly inconsistent with discipline and presbyterian government, and the settling thereof in this Church, particularly Act 5th parliament 1690 and Act 22nd parliament 1695, whereby it is evident that the only lawful eldership in the church is that which is subject to and authorised by the presbytery of the bounds. Which disorders and confusions still continue, notwithstanding of several overtures made for the removal thereof and now in the clerk’s hands. And seeing her majesty has been graciously pleased to take this national Church into her royal special protection, and that the execution of the public laws concerning the Church doth in a particular manner belong to the most honourable the privy council. And therefor craving it might please their lordships to discharge the former kirk session to interfere or meddle in the discipline and government of that parish, and to ordain the books and utensils belonging to the church and the session of the said parish, to be delivered up to the legal session (as has been done in the like cases) and to give such further directions in this matter, as your lordships in your great wisdom and prudence shall sett meet for advancing of truth, piety, peace, and good order in the said parish, as the said petition bears. The lords of her majesty’s privy council having upon 18 January instant considered the within petition given in to them by the commissioners of the presbytery of Haddington, and the same being read in their presence, the said lords do hereby appoint and ordain intimation to be made to Mr George Dunbar, minister at Haddington, and the elders serving with him, that the same may be seen and answered Tuesday next peremptorily. And the said petition being intimated accordingly, the said Mr George Dunbar gave in the following answers thereto viz it was humbly represented to the said lords that the said Mr Dunbar is continued in the exercise of his ministry by virtue of an act of parliament affording protection to episcopal ministers upon terms therein contained, to which the said Mr Dunbar has given obedience. And it is conceived that this protection will extend to all the parts of his ministry, without exclusion of one part and reservation of another, and therefore that discipline will be reserved to him as well as the preaching of the gospel. And the said Mr Dunbar is so great a lover of peace that he has been willing to go into all measures for preserving and promoting the same, so as to be willing to be the hearer of Mr Currie upon condition Mr Currie would be his hearer, which was refused, and cannot but appear to your lordships to be a sure means of obstructing that peace and harmony in the parish that they pretend to pursue for. Whereas were that charitable yielding on his part by which the sense of difference might be taken away, it would prove a means for a more happy union, which otherwise cannot reasonably be expected. And seeing Mr Dunbar has expressed so much forwardness in establishing peace in the parish of Haddington, it was humbly expected that the said lords’ authority would be interposed for him that he may enjoy the royal protection in the exercise of his ministry, according to the act of parliament provided on that part. The lords of her majesty’s privy council having this day considered the petition given in to them by the commissioners of the presbytery of Haddington, together with answers thereto by Mr George Dunbar, one of the ministers of Haddington, and the same being read in their presence, the said lords have prohibited and discharged, and hereby prohibit and discharge the former kirk session, which serves with the said Mr Dunbar, to interfere or meddle in the discipline and government of the said parish of Haddington, and have appointed and ordained, and hereby appoint and ordain the books and utensils belonging to the church and the session of the said parish to be delivered up to the said Mr John Currie, and the kirk session legally settled and serving with him.

1. NRS, PC1/53, 345-6.

2. Sic.

1. NRS, PC1/53, 345-6.

Proclamation, 23 January 1705, Edinburgh

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Att Edinburgh the Twentie third day of January Jaj vijc and fyve yeirs

A1705/1/181

Proclamation

Proclamation Adjurneing the parliament to the 27 March 1705

Anne by the Grace of God Queen of Great Brittaine, France and Irland defender of the faith To our Lyon King at armes, And his bretheren Heraulds, Meacers of our privie Counsell, pursevants, Messengers at armes our Shirreffs in that pairt Conjunctllie and Severallie Speciallie constitut Greeting Forasmuchas the present State of our affairs does not yet requyre the meeting of our parliament of this our antient Kingdome of Scotland So Soon as the first day of February nixt to which it was Last adjurned, Wee are therfor resolved to continue the said Adjournement from the said first day of February to the twentie Sevinth day of March nixt therafter, And that the members of our Said parliament may not be putt to the trouble and charges of meeting wpon the said first day of February nixt, Wee with the advyce of the Lords of our privie Counsell have Adjurned, and heirby Adjurne our Said Current parliament from the Said first day of February nixt, To the said Twentie Sevinth day of March nixt therafter, Requyring heirby all the members therof to attend at Edinburgh the said day In the usuall maner, and under the accustomed Certifications by law appoynted, Our Will is heirfor and wee charge yow Strictly and Command that in continent thir our Letters seen ye pass to the Marcat cross of Edinburgh, and to marcat crosses of the remanent head burghs of the severall Shyres and Steuartries within this our antient kingdome, And ther in our name and authoritie Make publict Intimation that our Said parliament is adjurned to the said Twentie Sevinth day of March nixt to come, And ordains these presents to be printed and published, Given under our Signet att Edinburgh the Twentie third day of January, and of our reigne the third year 1705. Per Actum dominorum Secreti Concilii Sic Subscribitur Gilbert Eliot Clisti Concilii.

At Edinburgh 23 January 1705

A1705/1/181

Proclamation

Proclamation adjourning the parliament to 27 March 1705

Anne, by the grace of God queen of Great Britain, France, and Ireland, defender of the faith, to our lyon king at arms, and his brethren heralds, macers of our privy council, pursuivants, messengers at arms, our sheriffs in that part conjunctly and severally, specially constituted greeting. Forasmuch as the present state of our affairs does not yet require the meeting of our parliament of this our ancient kingdom of Scotland so soon as 1 February next, to which it was last adjourned, we are therefore resolved to continue the said adjournment from the said 1 February to 27 March next thereafter. And that the members of our said parliament may not be put to the trouble and charges of meeting upon the said 1 February next, we with the advice of the lords of our privy council have adjourned, and hereby adjourn our said current parliament from the said 1 February next, to the said 27 March next thereafter. Requiring hereby all the members thereof to attend at Edinburgh the said day in the usual manner, and under the accustomed certifications by law appointed. Our will is therefore and we charge yow strictly and command that in continent these our letters seen you pass to the mercat cross of Edinburgh, and to mercat crosses of the remnant head burghs of the several shires and stewartries within this our ancient kingdom, and there in our name and authority make public intimation that our said parliament is adjourned to the said 27 March next to come. And ordain these present to be printed and published. Given under our Signet at Edinburgh 23 January, and of our reign the third year 1705. By act of the lords of privy council Sic Subscribitur Gilbert Eliot Clisti Concilii.

1. NRS, PC1/53, 344-5.

1. NRS, PC1/53, 344-5.

Letter: royal, 23 January 1705, Edinburgh

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Att Edinburgh the Twentie third day of January Jaj vijc and fyve yeirs

A1705/1/171

Letter: royal

Letter from the Queen Adjurneing the parliament

Letter from the Queens Majestie to the Counsell Adjurneing the parliament to the twentie Sevinth day of March nixt, being read was ordered to be recorded, And a proclamation being prepared In the termes therof, the same was appoynted to be recorded, published and printed, off which Letter and proclamation the tenor follows
Sic Subpra Scribitur
Anne Regina
Right trustie and right weell beloved Cousines and Counsellor, Right trustie and right well beloved Cousins and Counsellors, Right trustie and intirely beloved Cousine and Counsellor, Right trustie and well beloved Cousins and Counsellors Right trustie and well beloved Counsellors, and trustie and well beloved Counsellors Wee greet yow well; Wheras the present State of our affairs does not yet requyre the meeting of our parliament of that our Kingdome So Soon as the first day of February nixt to which it was Last adjurned, Wee are therfor resolved to continue the said adjurnement from the said first day of February to the twentie Sevinth day of March nixt therafter, and that the Members of parliament may not be putt to the trouble and charges of meeting upon the said first day of February nixt, It is therfor our will and pleasure, And wee heirby Authorize and requyre yow to issue furth a proclamation in our name Ordering a further continuance of the Adjurnement of our parliament from the said first day of February nixt, to the said Twentie Sevinth day of March nixt therafter, And ordering all the members therof to attend at Edinburgh in the usuall way and upon the accustomed certifications, For doeing wherof this shall be your warrand, And So wee bidd yow heartily fareweell Given at our Court at St James the fyfteinth day of January 1705/5 And of our reigne the third year, By her Majesties Command, Sic Subscribitur Seafeild.

At Edinburgh 23 January 1705

A1705/1/171

Letter: royal

Letter from the queen adjourning the parliament

Letter from the queen’s majesty to the council adjourning the parliament to 27 March next being read, was ordered to be recorded, and a proclamation being prepared in the terms thereof, the same was appointed to be recorded, published, and printed. Of which letter and proclamation the tenor follows:
Sic Subpra Scribitur
Anne Regina
Right trusty and right well beloved cousin and counsellor, right trusty and right well beloved cousins and counsellors, right trusty and entirely beloved cousin and counsellor, right trusty and well beloved cousins and counsellors, right trusty and well beloved counsellors, and trusty and well beloved counsellors, we greet you well. Whereas the present state of our affairs does not yet require the meeting of our parliament of that our kingdom so soon as 1 February next, to which it was last adjourned, we are therefore resolved to continue the said adjournment from the said 1 February to 27 March next thereafter. And that the members of parliament may not be put to the trouble and charges of meeting upon the said first day of February next, it is therefore our will and pleasure, and we hereby authorise and require you, to issue forth a proclamation in our name ordering a further continuance of the adjournment of our parliament from 1 February next, to 27 March next thereafter, and ordering all the members thereof to attend at Edinburgh in the usual way and upon the accustomed certifications. For doing whereof this shall be your warrant. And so we bid you heartily farewell. Given at our court at St James 15 January 1704/5 and of our reign the third year. By her majesty’s command, Sic Subscribitur [James Ogilvie] earl of Seafield.

1. NRS, PC1/53, 344.

1. NRS, PC1/53, 344.