Tag Archives: 24 July 1705

Act, 24 July 1705, Edinburgh

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Att her Majesties palace of Holyrudehouse the Twentie fourth day of July Jaj vijc and fyve yeirs

A1705/7/41

Act

Repryve to Captain Greens Crew

Anent the petition given in and presented to his Grace her Majesties high Commissioner, and Lords of her Majesties privie Councell by James Bruce, George Kitching, Andrew Robertsone, George Glen, Henry Keigle, Samuell Willcocks, Alexander Taylor, and John Ballanden the Surviving Crew of the deceast Captain Green, none under Sentence of death, Shewing That wheras the petitioners being under the Sentence of death, yet by your Grace’s and Lordships clemencie have obtained repryves untill the first and eight of August nixt insueing, and now wee humbly beg leave to lay befor yor Grace and lordships our poor condition, And that as yet wee doe not find ourselves Sufficiently prepared for death, Repentence being a work which requyres a mans wholl lyfetyme, wherof they had spent a great pairt, and therfor most humbly begging his Grace and their lordships would be pleased to commiserat the deplorable and miserable condition of their Soulls and bodyes, and to be pleased out their generous goodness, If so his Grace and their lordships Should think fitt, To interceed with her Majestie for their pardon; And in the mean tyme to grant the petitioners a repryve for such a tyme as his Grace and their lordships should think fitt to allow, as the said petition bears, His Grace her Majesties high Commissioner and the Lords of her Majesties privie Councell haveing considered the petition given in to them by Henry Keigle and others of Greens crew aftermentioned, and the Samen being read in their presence, His Grace and the saids Lords Doe heirby Repryve the said Henry Keigle, James Burne; George Kitching and Andrew Rotson four of the deceast Captain Greens Crew from the Sentence of death appoynted to have been execute wpon them upon the first day of August nixt to come from the said day untill the fyfth day of october nixt to come; and Repryves George Glen, Samuell Willcocks, Alexander Taylor and John Ballandan other four of the said Crew from the Sentence of death appoynted to have been execute against them upon the eight day of the said moneth of August untill the twelfth day of october nixt, and repryves John Brucklie to the nynteinth day of October nixt, And appoynts the Magistrats of Edinburgh to see and cause the Sentence of death to be putt in execution against them upon the respective dayes abovementioned at the Same place, and in the Same maner as was appoynted by the Judges of Admiralitie and assessors against them Sic Subscribitur Argyll Commissioner Seafeild Cancellar Queensberrie C.P.S. Annandale S. Loudoun S. Lothian. Marr. Levine Bellcarras, Dunmore. Stair. Roseberrie.

At her majesty’s palace of Holyroodhouse 24 July 1705

A1705/7/41

Act

Reprieve to Captain Green’s crew

Concerning the petition given in and presented to his grace [John Campbell, duke of Argyll] her majesty’s high commissioner and lords of her majesty’s privy council by James Bruce, George Kitchin, Andrew Robertson, George Glen, Henry Keigle, Samuel Willcocks, Alexander Taylor, and John Ballanden, the surviving crew of the deceased Captain [Thomas] Green, now under sentence of death, showing that whereas the petitioners being under the sentence of death, yet by your grace’s and lordships] clemency have obtained reprieves until 1 and 8 August next ensuing, and now we humbly beg leave to lay before your grace and lordships our poor condition, and that as yet we do not find ourselves sufficiently prepared for death, repentance being a work which requires a man’s whole lifetime, whereof they had spent a great part, and therefor most humbly begging his grace and their lordships would be pleased to commiserate the deplorable and miserable condition of their souls and bodies, and to be pleased out [of] their generous goodness, if so his grace and their lordships should think fit, to intercede with her majesty for their pardon. And in the meantime to grant the petitioners a reprieve for such a time as his grace and their lordships should think fit to allow, as the said petition bears. His grace her majesty’s high commissioner and the lords of her majesty’s privy council having considered the petition given in to them by Henry Keigle and others of Green’s crew after mentioned, and the same being read in their presence, his grace and the said lords do hereby reprieve the said Henry Keigle, James Burne, George Kitchin, and Andrew Robertson, four of the deceased Captain Green’s crew, from the sentence of death appointed to have been executed upon them upon 1 August next to come from the said day until 5 October next to come; and reprieve George Glen, Samuel Willcocks, Alexander Taylor, and John Ballanden, other four of the said crew, from the sentence of death appointed to have been executed against them upon 8 of the said month of August until 12 October next, and reprieve John Bruckley to 19 October next. And appoint the magistrates of Edinburgh to see and cause the sentence of death to be put in execution against them upon the respective days abovementioned at the same place, and in the same manner as was appointed by the judges of admiralty and assessors against them. Sic Subscribitur Argyll commissioner; Seafield chancellor; Queensberry privy seal; Annandale secretary; Loudoun secretary; Lothian; Mar; Leven; Balcarres; Dunmore; Stair; Rosebery.

1. NRS, PC1/53, 417-18.

1. NRS, PC1/53, 417-18.

Procedure, 24 July 1705, Edinburgh

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Att her Majesties palace of Holyrudehouse the Twentie fourth day of July Jaj vijc and fyve yeirs

A1705/7/31

Procedure

Commission In favoures of James Duke of Queensberrie to be privie seall

Anna dei Gratia Magnae et2 Brittaniae, Franciae et Hyberniae Regina, fideique defensor, Omnibus probis hominibus ad quos praesentes Literae nostrae pervenerint, Salutem, Quandoquidem nos considerantes antiquam fidelitatem , insignesque animi dotes fidelissimi et dilectissimi nostri Consanguinei et Conciliarii Jacobi Ducis de Queensberrie quibus ad munus, Locum et officium Secreti nostri Sigilli Custodis fideliter obeundum usquequaque est idoneus, Noveritis igitur nos fecisse, Nominasse, constituisse et ordinasse, Sicuti nos per praesentes, Nominamus, facimus, constituimus et ordinamus eundem Jacobum Ducem de Queensberrie (durante nostro beneplacito Solummodo) Custodem nostri Secreti Sigilli antiqui regni nostri Scotiae, Dando, concedendo et disponendo illi munus et officium Secreti nostri Sigilli custodis antedicti, Cum Loco et ordine praecedentiae proxime et immediate post praecedem Secreti nostri Concilii dicti regni; Una cum universis honoribus, dignitatibus, privilegiis, feodis, casualitatibus, proficuis et divoriis quibuscunque eo Spectantibus per eum fruendis et Gaudendis tam plene adeoque libere et quovis respectu et conditione, quam eadem per ullos alios praedecessores in dicto munere et officio quovis tempore praeterito possessa et gavisa fuere, Cum potestate etiam dicto Jacobo Duci de Queensberrie deputos pro custodiendo dictum Secretum Sigillum nominandi et constituendi et Clericos et dicto Sigillo Scribas (pro quibus respondebit) creandi, et Generaliter omnia et Singula alia faciendi, utendi et exercendi ad privilegium et libertatem dicti officii perprius Spectantia, aut quae in posterum quovis modo eo spectare dignoscentur; Quaquidem omnia per dictum Jacobum Ducem de Queensberrie legittime facienda in dicto munere, Loco et officio obeundo, firma et rata habemus: In cujus rei Testimonium Praesentibus Magnum Sigillum nostrum appendi praecepimus, Apud Aulam nostram de Windsor Castle decimo octavo die mensis Junii Anno domini Millesimo , Septingensimo3 quinto , et Anno Regni nostri quarto Per Signaturam manu S . D . N . Regina[e] Suprascriptam: Sealled at Edinburgh the Twentie fourth day of July one thousand sevine hundreth and fyve yeirs Sic Subscribitur Alexander Ogilvie, wrytten to the great seall and registrat the Twentie fourth day of July 1705. Sic subscribitur Charles Kerr.
Which Commission abovewritten being presented by Sir Robert Forbes Clerk and ordered to be recorded, the same was delyvered by the Lord high Chancellor to his Grace the said duke of Queensberrie, who received the same upon his knee, as use is, and therafter did qualifie himselfe to her Majestie by swearing the oath of alleadgance and Subscribeing the same with the assureance, and the Lord Chancellor did tender to his Grace the oath de fideli, who took his place at the Board accordingly.

At her majesty’s palace of Holyroodhouse 24 July 1705

A1705/7/31

Procedure

Commission in favour of James, duke of Queensberry to be privy seal

Anna by the grace of God queen of Great Britain, France, and Ireland, and defender of the faith, to all good men to whom our present letters will have come, greetings. Since we considering the ancient fidelity and distinguished qualities of character of our most loyal and beloved kinsman and councillor James [Douglas] duke of Queensberry, with which he is entirely suitable for performing faithfully the duty, position, and office of keeper of our privy seal; know therefore that we have made, nominated, constituted, and ordained, just as by the presents we nominate, make, constitute, and ordain the same James duke of Queensberry (during our pleasure only) keeper of our privy seal of our ancient kingdom of Scotland. By giving, granting and assigning to him the duty and office of foresaid keeper of our privy seal, with place and order of precedence nearest and immediately after the president of our privy council of the said kingdom, along with all honours, dignities, privileges, fees, casualties, profits, and service dues whatsoever pertaining to it, to be enjoyed and taken pleasure in by him, so fully and so freely and in whatever respect and condition as the same were possessed and enjoyed by any other predecessors in the said duty and office at any time past. With power also to the said James duke of Queensberry of nominating and appointing deputies for keeping the said privy seal, and of creating clerks and scribes to the said seal (for whom he will respond), and generally of doing, using and exercising all and single other things pertaining to the privilege and liberty of the said office previously, or which in future may be known to pertain to it in any way. All which things requiring to be done legitimately by the said James duke of Queensberry in performing the said duty, position, and office, we hold firm and fixed. In testimony whereof, we have commanded our great seal to be appended to the presents. At our court of Windsor Castle on 18 June 1705, and in the fourth year of our reign. By the sign manual of our supreme lady the queen above written. Sealed at Edinburgh 24 July 1705. Sic Subscribitur Alexander Ogilvie. Written to the great seal and registered 24 July 1705. Sic subscribitur Charles Kerr.
Which commission above written being presented by Sir Robert Forbes, clerk, and ordered to be recorded, the same was delivered by [James Ogilvie, earl of Seafield] the lord high chancellor to his grace the said duke of Queensberry, who received the same upon his knee, as use is, and thereafter did qualify himself to her majesty by swearing the oath of allegiance and subscribing the same with the assurance, and the lord chancellor did tender to his grace the oath de fideli, who took his place at the board accordingly.

1. NRS, PC1/53, 416-417.

2. Sic.

3. Sic.

1. NRS, PC1/53, 416-417.

Letter: royal, 24 July 1705, Edinburgh

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Att her Majesties palace of Holyrudehouse the Twentie fourth day of July Jaj vijc and fyve yeirs

A1705/7/21

Letter: royal

Letter from the Queen to the Councell adding the Duke of Queensberrie to the Councell

Letter from the Queens Majestie to the Councell adding James Duke of Queensberrie to the Counsell, Read and ordered to be recorded.
Sic Supra Scribitur
Anne Regina
Right trustie and right well beloved Cousine and Councellor, Right trustie and intirely beloved Cousins and Cousins2 and Councellors, Right trustie and well beloved Cousins and Councellors Right trustie and well beloved Councellors, and trustie and well beloved Councellors Wee greet yow well, Wheras in consideration of the Royaltie3 and abilities of our right trustie and intirely beloved Cousine James Duke of Queensberrie, wee have thought fitt to add him to the privie Councell of that our antient kingdome, It is therfor our will and pleasure and wee doe heirby authorize and requyre yow to admitt and receive him into that our privie Councell In the ordinary forme and method on such occasions accustomed; For doeing wherof this shall be yor warrant, And so wee bid yow heartily farewell, Given at our Court at Windsor Castell the eighteinth day of June 1705. And of our reigne the fourth yeir, By her Majesties Command sic subscribitur David Nairne.

At her majesty’s palace of Holyroodhouse 24 June 1705

A1705/7/21

Letter: royal

Letter from the queen to the council adding the duke of Queensberry to the council

Letter from the queen’s Majesty to the council adding James [Douglas] duke of Queensberry to the council, read and ordered to be recorded.
Sic Supra Scribitur
Anne Regina
Right trusty and right well beloved cousin and councillors, right trusty and entirely beloved cousins and councillors, right trusty and well beloved cousins and councillors right trusty and well beloved councillors, and trusty and well beloved councillors, we greet yow well. Whereas in consideration of the loyalty and abilities of our right trusty and entirely beloved cousin James duke of Queensberry, we have thought fit to add him to the privy council of that our ancient kingdom. It is therefor our will and pleasure and we doe hereby authorise and require you to admit and receive him into that our privy council in the ordinary form and method on such occasions accustomed. For doing whereof this shall be your warrant. And so we bid you heartily farewell. Given at our court at Windsor Castle 18 June 1705, and of our reign the fourth year. By her majesty’s command sic subscribitur David Nairne.

1. NRS, PC1/53, 416-17.

2. Sic.

3. This appears to be a clerical error, and arguably should read ‘Loyalty’.

1. NRS, PC1/53, 416-17.

Sederunt, 24 July 1705, Edinburgh

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Att her Majesties palace of Holyrudehouse the Twentie fourth day of July Jaj vijc and fyve yeirs1

A1705/7/12

Sederunt

Lord Chancellor; Duke of Queensberrie P.C.; Marquis of Annandale S.; Marquis of Montrose; Marquis of Lothian; Earl of Loudoun S.; Earl of Marr; Earl of Hadingtoun; Earl of Levine; Earl of Northesk; Earl of Ballcarras; Earl of Dunmore; Earl of Stair; Earl of Roseberrie; Earl of Glasgow; Lord Archibald Campbell; Lord Ross; Lord Register; Lord Justice Clerk; Lord Ensteruther; Mr Fr. Montgomrie; Laird of Blaccader; Laird of Ormiestoun younger

At her majesty’s palace of Holyroodhouse 24 July 17051

A1705/7/12

Sederunt

[James Ogilvie, earl of Seafield] lord chancellor; [James Douglas] duke of Queensberry president; [William Johnston] marquis of Annandale; [James Graham] marquis of Montrose; [William Kerr] marquis of Lothian; [Hugh Campbell] earl of Loudoun secretary; [John Erskine] earl of Mar; [Thomas Hamilton] earl of Haddington; [David Melville] earl of Leven; [David Carnegie] earl of Northesk; [Colin Lindsay] earl of Balcarres; [Charles Murray] earl of Dunmore; [John Dalrymple] earl of Stair; [Archibald Primrose] earl of Rosebery; [David Boyle] earl of Glasgow; Lord Archibald Campbell; [William] Lord Ross; [Sir James Murray of Philiphaugh] lord register; [Adam Cockburn] lord justice clerk; [Sir William Anstruther] Lord Anstruther; Mr Francis Montgomerie; [Sir John Home] laird of Blackadder; [John Cockburn] laird of Ormiston younger

1. NRS, PC1/53, 416.

2. NRS, PC1/53, 416.

1. NRS, PC1/53, 416.

2. NRS, PC1/53, 416.