Procedure, 28 March 1705, Edinburgh

Att Edinburgh the Twentie eight day of March one thousand sevene hundreth and fyve years

A1705/3/301

Procedure

Recommendation to wrytt to Captain Campbell

The Lords high Chancellor2 haveing received a letter from Captain Matthew Campbell Commander of her Majesties Shipe the Dumbarton Castell, And the Samen being by his Lordship Communicat to the Board and read in their presence, The saids Lords doe heirby Recommend to the Lord high Chancellor (in his Lordships returne to the forsaid Letter) To appoynt him to persue his Cruize conforme to his instructions given to him by the saids Lords of her Majesties Privie Councill how soon he hath brought up the Shipe mentioned in his Letter to New Port Glasgow; As also to appoynt the said Captain Campbell to send in to the said Lord high Chancellor to be communicat to the board a full Information of the grounds he hath for bringing up the said Shipe, and of the documents aboard her for seasing thereof.

At Edinburgh 28 March 1705

A1705/3/301

Procedure

Recommendation to write to Captain Campbell

[James Ogilvie, earl of Seafield] lords high chancellor having received a letter from Captain Matthew Campbell, commander of her majesty’s ship the Dumbarton Castle, and the same being by his lordship communicated to the board and read in their presence, the said lords do hereby recommend to the lord high chancellor (in his lordship’s return to the foresaid letter) to appoint him to pursue his cruise conform to his instructions given to him by the said lords of her majesty’s privy council how soon he has brought up the ship mentioned in his letter to New Port Glasgow. As also to appoint the said Captain Campbell to send in to the said lord high chancellor to be communicated to the board a full information of the grounds he has for bringing up the said ship, and of the documents aboard her for seizing thereof.

1. NRS, PC1/53, 379.

2. The phrase ‘high Chancellor’ in an insertion. It appears over the words ‘of her Majesties privy Councill’, which are scored out.

1. NRS, PC1/53, 379.

2. The phrase ‘high Chancellor’ in an insertion. It appears over the words ‘of her Majesties privy Councill’, which are scored out.

Procedure, 28 March 1705, Edinburgh

Att Edinburgh the Twentie eight day of March one thousand sevene hundreth and fyve years

A1705/3/291

Procedure

Sir Alexander Ogilvie

Oath of alleadgance Sworne and the same with the assurance Signed by Sir Alexander Ogilvie of Forglen as Keeper of the Great Seall In presence of her Majesties Advocat being this day reported to the Counsell the same was appoynted to be recorded and putt up among the oaths.

At Edinburgh 28 March 1705

A1705/3/291

Procedure

Sir Alexander Ogilvie

Oath of allegiance sworn, and the same with the assurance, signed by Sir Alexander Ogilvie of Forglen as keeper of the great seal in presence of [Sir James Stewart of Goodtrees] her majesty’s advocate being this day reported to the council, the same was appointed to be recorded and put up among the oaths.

1. NRS, PC1/53, 379.

1. NRS, PC1/53, 379.

Procedure, 28 March 1705, Edinburgh

Att Edinburgh the Twentie eight day of March one thousand sevene hundreth and fyve years

A1705/3/281

Procedure

Commission In favors of the Marques of Annandale To be Commissioner to the Generall Assemblie

Commission under the great seall of this kingdome In favours of William Marques of Annandale to be Commissioner to and represent her Majesties Royall persone in the ensueing Generall Assembly presented by Sir Gilbert Elliot Clerk, and the Samen was read and ordered to be recorded, And thereafter was delyvered by the said Sir Gilbert to the Lord Chancellor, who delyvered the Samen to the Earle of Buchan In name and in absence of his Grace her Majesties Commissioner, and who received the Samen on his knees as use is, Quhereof the tenor follows.
Anna dei Gratia Magnae Brittaniae, Franciae et Hyberniae Regina, fideique defensor, Omnibus probis hominibus ad quos praesentes Literae nostrae pervenerint, Salutem, Quandoquidem ex decreto nostro Generalis Ecclesiae Conventus antiqui regni nostri Scotiae In vigesimum nonum diem mensis Martii instantis Convenire ordinatur, nosque autem abunde cupide, Quin etiam necessarium esse Judicantes In Commodum dictae Ecclesiae ut idem Generalis Conventus die Statuto debite observetur, sed rebus magni momenti nos alio vocantibus, Dicto Conventui interesse nequimus Et multis testimoniis nobis abunde Satisfactum est de Sufficientia et fidelitate fidelissimi et dilectissimi nostri consanguinei et Conci[a]liarii Willielmi Marchionis de Annandale Quod ad munera Summi officii infra specificati rite exercenda et obeunda usquequaque sit instructus et idoneus, Noveritis igitur nos Nominasse et Constituisse, Sicuti nos tenore praesentium Nominamus et Constituimus eu[n]dem Gulielmum Marchionem de Annandale Supremum nostrum Commissionarium quoad effectum infra express[um]; Damus pariter et concedimus illi plenissimam nostram potestatem, Commissionem et Warrantum Sacram nostram personam et authoritatem nostram regalem representandi, praesentiam nostram supplendi, Locumque nostrum in dicto Subsequenti Generali Conventu, tanquam Commissionario nostro in hunc effectum specialiter constituto, tenendi, Omniaque alia ad Imperium et munus Commissionarii pro Generali Ecclesiae conventu peragendi , tam plene adeoque libere in quovis respectu, quam quilibet alius ejusdem Summi muneris facere2, Seu quovis tempore retr[o]acto facere potuerat ; Atque Sicuti nos ipsi personaliter praesente facere poterimus; Quaequidem omnia et Singula a dicto Gulielmo Marchione de Annandale in hac nostra Commissione prosequenda legittime facienda, Nos firmiter approbamus, Rati habemus et Habituri sumus: Omnibus et Singulis insuper antedicti Conventus et Ecclesiae Pastoribus et Presbiteris, Caeterisque quibuscunque hujus regni nostri Subditis, cujuscunque qualitatis et conditionis ut dictum Gulielmum Marchionem de Annandale tanquam Supremum nostrum Commissionarium quoad effectum et modum Supramentionatum Agnoscant reverantur et dicto ipsius audientes se praebeant Stricte Mandamus et Imperamus, Ac denique hanc nostram Commissionem a dicto vigesimo nono die dicti mensis Martii instantis instantis, et Sic deinceps durante sequenti Sessione praedicti Generalis Ecclesiae Conventus in vigore continuare Declaramus Saltem donec a nobis revocabitur et exonerabitur In Cujus rei Testimonium Praesentibus Magnum Sigillum nostrum Appendi Mandavimus Apud Aulam nostram de St James’s Nono die mensis Martii Anno domini Millesimo Septingesimo3 quinto et Anno regni nostri quarto Per Signaturam manu S . D . N . Reginae Suprascriptam , Wrytten to the great Seall , and reg[ist]rat the twentie sixth day of March 1705. Sic Subscribitur Charles Kerr, Sealled at Edinburgh the Twentie Seventh day of March Jaj vijc and fyve Sic Subscribitur Alexander Ogilvie.

At Edinburgh 28 March 1705

A1705/3/281

Procedure

Commission in favour of the marquis of Annandale to be commissioner to the General Assembly

Commission under the great seal of this kingdom in favour of William [Johnston] marquis of Annandale to be commissioner to and represent her majesty’s royal person in the ensuing General Assembly presented by Sir Gilbert Elliot, clerk, and the same was read and ordered to be recorded, and thereafter was delivered by the said Sir Gilbert to the lord chancellor, who delivered the same to [David Erskine] earl of Buchan in name and in absence of his grace her majesty’s commissioner, and who received the same on his knees as use is. Whereof the tenor follows:
Anne, 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 a General Assembly of the Church of our ancient kingdom of Scotland is ordained from our decree to convene on 29 March instant, and we indeed desiring abundantly, moreover judging it to be necessary, for the profit of the said Church that the same General Assembly should be observed on the day duly established, but are unable to be present at the said assembly because of reasons of great importance calling us elsewhere. And it is satisfied to us abundantly by many testimonies about the sufficiency and loyalty of our most faithful and loved kinsman and councillor William [Johnston] marquis of Annandale, that he may be completely learned and suitable for exercising and performing rightly duties of the highest office within specified. Know therefore that we have nominated and constituted, just as by the tenor of the presents we nominate and constitute the same William, marquis of Annandale our high commissioner, as far as the effect within expressed. Equally, we give and grant to him our fullest power, commission, and warrant of representing our sacred person and our royal authority, of supplying our presence and holding our place in the said following General Assembly, as our commissioner especially constituted in this effect, and of doing all other things belonging to the command and duty of commissioner for the General Assembly of the Church, so fully and so freely in whatever respect as any other of that highest office had done, or at any time past was able to do, and just as we ourselves shall be able to do personally present. All and single to be followed in this our commission to be done legitimately by the said William, marquis of Annandale, we hold firm, and will hold to all and single. Moreover, to the pastors and elders of the foresaid assembly and Church, and the remaining subjects whatsoever of this our kingdom, of whatever quality and condition, we order and command strictly that they recognise the said William, marquis of Annandale as our high commissioner as far as the effect and way mentioned above, revere, and provide themselves listening to his word. And finally, we declare this our commission to continue in strength from the said 29 March instant and so on during the following session of the foresaid General Assembly of the Church, at least until it will be revoked and exonerated by us. In testimony whereof, we have ordered our great seal to be appended to the presents. At our court of St James’s on 9 March 1705, and in the fourth year of our reign. By the sign manual of our supreme lady the queen above written. Written to the great seal, and registered 26 March 1705. Sic Subscribitur Charles Kerr, sealed at Edinburgh 27 March 1705 Sic Subscribitur Alexander Ogilvie.

1. NRS, PC1/53, 378-9.

2. Sic. *Recte* ‘fecerat’.

3. Sic.

1. NRS, PC1/53, 378-9.

Procedure, 28 March 1705, Edinburgh

Att Edinburgh the Twentie eight day of March one thousand sevene hundreth and fyve years

A1705/3/271

Procedure

[Commission Marquess of Tweeddale to be President of Privy Council]

Commission under the great seall of this kingdome In favours of John Marques of Tweddale to be president of privie Councill being presented by Sir Gilbert Elliot the samen was read and ordered to be recorded, and was delyvered by the said Sir Gilbert to the Lord Chancellor, who delyvered the samen to the Lord Marques, and who received the samen upon his knees, as use is, and his lordship haveing sworne the oath of alleadgance, and signed the same with the assurance, The Lord Chancellor did tender to his lordship the oath de fidelii, and thereafter his lordship took his place at the board accordingly.2

At Edinburgh 28 March 1705

A1705/3/271

Procedure

[Commission marquis of Tweeddale to be president of privy council]

Commission under the great seal of this kingdom in favour of John [Hay] marquis of Tweeddale to be president of privy council being presented by Sir Gilbert Elliot, the same was read and ordered to be recorded, and was delivered by the said Sir Gilbert to [James Ogilvie, earl of Seafield] lord chancellor, who delivered the same to the lord marquis, and who received the same upon his knees, as use is, and his lordship having sworn the oath of allegiance, and signed the same with the assurance, the lord chancellor did tender to his lordship the oath de fidelii, and thereafter his lordship took his place at the board accordingly.

1. NRS, PC1/53, 377.

2. The commission is not recorded. The rest of the page has been left blank and the record resumes on the following page.

1. NRS, PC1/53, 377.

Procedure, 28 March 1705, Edinburgh

Att Edinburgh the Twentie eight day of March one thousand sevene hundreth and fyve years

A1705/3/261

Procedure

[Earl of Roxburgh takes the oath de fidelii]

The Earl of Roxburgh being this day present in Councill, The Lord Chancellor did tender to his Lordship the oath de fidelii, and his Lordship took his 2 place at the board accordingly, his lordship having sworne the oath of alleadgance, and subscribit the same with the assureance at Court, and the samen reported to the Councill before.

At Edinburgh 28 March 1705

A1705/3/261

Procedure

[Earl of Roxburghe takes the oath de fidelii]

[John Ker] earl of Roxburghe being this day present in council, [James Ogilvie, earl of Seafield] lord chancellor did tender to his lordship the oath de fidelii, and his lordship took his place at the board accordingly, his lordship having sworn the oath of allegiance, and subscribed the same with the assurance at court, and the same reported to the council before.

1. NRS, PC1/53, 377.

2. The word ‘oath’ scored out here.

1. NRS, PC1/53, 377.

Procedure, 28 March 1705, Edinburgh

Att Edinburgh the Twentie eight day of March one thousand sevene hundreth and fyve years

A1705/3/251

Procedure

[Earl of Seafield takes the oath of allegience]

The oath of alleadgance sworne and the samen with the assurance signed by James Earle of Seafeild Lord high Chancellor In presence of her Majesties advocat, Being this day reported to the Councill, The same was appoynted to be recorded, and putt up among the oaths, And the Lord Advocat did tender to his Lordship the oath de fidelii.

At Edinburgh 28 March 1705

A1705/3/251

Procedure

[Earl of Seafield takes the oath of allegiance]

The oath of allegiance sworn and the same with the assurance signed by James [Ogilvie] earl of Seafield, lord high chancellor, in presence of [Sir James Stewart of Goodtrees] her majesty’s advocate, being this day reported to the council, the same was appointed to be recorded, and put up among the oaths, and the lord advocate did tender to his lordship the oath de fidelii.

1. NRS, PC1/53, 377.

1. NRS, PC1/53, 377.

Sederunt, 28 March 1705, Edinburgh

Att Edinburgh the Twentie eight day of March one thousand sevene hundreth and fyve years1

A1705/3/242

Sederunt

Lord Chancellor; Marquis of Tweddale p.c.; Earl of Rothes p.s.; Marquis of Montrose; Earl of Roxburgh; Earl of Southerland; Earl of Buchan; Earl of Lauderdale; Earl of Forfar; Earl of Dunmore; Earl of Roseberrie; Lord Yester; Lord Advocat; Lord Theasaurer deput; Lord Arniestoun; Lord Phesdo; Mr Fr Montgomrie; Lord Provost of Edinburgh

At Edinburgh 28 March 17051

A1705/3/242

Sederunt

[James Ogilvie, earl of Seafield] lord chancellor; [John Hay] marquis of Tweeddale, president of council; [John Leslie] earl of Rothes, lord privy seal; [James Graham] marquis of Montrose; [John Ker] earl of Roxburghe; John Gordon] earl of Sutherland; [David Erskine] earl of Buchan; [John Maitland] earl of Lauderdale; [Archibald Douglas] earl of Forfar; [Charles Murray] earl of Dunmore; [Archibald Primrose] earl of Rosebery; [Charles Hay] Lord Yester; [Sir James Stewart of Goodtrees] lord advocate; [George Baillie of Jerviswood] lord treasurer depute; [Robert Dundas] Lord Arniston; [Sir James Falconer] Lord Phesdo; Francis Montgomerie; [Sir Patrick Johnston] lord provost of Edinburgh

1. NRS, PC1/53, 377.

2. NRS, PC1/53, 377.

1. NRS, PC1/53, 377.

2. NRS, PC1/53, 377.