D1702/8/1
D1702/8/12
Sederunt
ut in State Register and noe privat business done this sederunt.
Edinburgh the 8th August 17023
1. NRS, PC2/28, 207r.
2. NRS, PC2/28, 207r.
3. NRS, PC2/28, 207r.
1. NRS, PC2/28, 207r.
2. NRS, PC2/28, 207r.
3. NRS, PC2/28, 207r.
A1702/8/9
A1702/8/91
Procedure
The Lords of her Majesties privy Councill Doe hereby Nominat and appoint The Marques of Lothian; Earles of Buchan, Lauderdale, Lowdon, and Leven, Viscounts of Tarbat and Roseberry; Lords president of Session, Advocat and Crossrig; Laird of Stivenson and Lord Provest of Edinburgh; To be a Committie for publict Occurrances dureing this ensueing vaccancie; And Declares any fyve of the said Committie to be a Sufficient quorum.
1. NRS, PC1/52, 435.
1. NRS, PC1/52, 435.
A1702/8/8
A1702/8/81
Warrant
The Lords of her Majesties privy Councill Doe hereby Give Order and warrant to their Clerks to delyver up to my Lord Forbes upon his Lordships recept and oblidgment to delyver back the Same; The first2 Second,3 thrid and Fourth indictments at the instance of Alexander Lessly procurator phiscall to the Commissioners of Justiciary for the Northerne district Against Alexander Mcdonald alias Alaster More before the Saids Commissioners; Togither with the haill grounds therof with the sentances of Death following upon the said indictment by the saids Commissioners of Justiciary for which this shall be to them a Sufficient warrant.
1. NRS, PC1/52, 434-5.
2. Insertion.
3. The word ‘and’ scored out here.
1. NRS, PC1/52, 434-5.
2. Insertion.
3. The word ‘and’ scored out here.
A1702/8/7
A1702/8/71
Act
The Lords of her Majesties privy Councill haveing heard and Considered a representatione made to them by William Boyle merchant in Glasgow and his pairtiners ouners of the vessell called the Robert of Greenock and James Crauford ouner of the Cargo and goods that the said vessell of about Fourty Tun burdein was fraughted and sailed from Greenock in the Moneth of march last with fish and other goods for Caren in Normandie in France wher haveing aryved she she2 disposed upon her Loading and took in a new Loading of Brandy and other goods for the Isle of Man; And tho the warr betwixt France and England wes declared yet upon the tuenty Nynth of July last The French Conforme to the termes of the Treaty Suffered her to part upon her voyage But when the said Ship and goods were thus dismissed by the French within two dayes She was mett about the Midle of the Channell by ane English man of warr called the Kent Frigott Who without regaird to the vessell and goods being Scots brought her and them in as pryzes into Portsmouth upon the sole pretence that they were come from France with French goods; which being a great hardship That they her majesties Subjects Should be thus treated by Freinds and Nighbours after haveing been so farely dismissed by the French Therfore humbly Craveing the Lords of privy Councill their protection The saids Lords of her Majesties privy Councill haveing Considered the said Representation with the affidavat and Letters produced for verifieing thereof They Doe Seriously Recommend their caice to the Secretaries of State for Scotland; That they may Lay the Same before her Majestie for obtaineing her Royall warrant for the Liberation of the said ship and goods without delay; And for payment of the said ouners and merchant of their expences and damnadges.
1. NRS, PC1/52, 434-5.
2. Sic.
1. NRS, PC1/52, 434-5.
2. Sic.
A1702/8/6
A1702/8/61
Warrant
Att Edinburgh the fourth day of August Jaj viic and tuo years The Lords of her Majesties privie Councill do heirby give orders and warrand to their clerks to mark the Commission for the Highland Justiciary as read and approven in Councill And Recomends to the Lord Chancelour To Transmitt the Samen to the Secretaries To be passed under her Majesties hand2
1. NRS, PC1/52, 434.
2. The phrase ‘sic subscribitur’ scored out here.
1. NRS, PC1/52, 434.
2. The phrase ‘sic subscribitur’ scored out here.
A1702/8/5
A1702/8/51
Warrant
Sir James Stewart her Majesties advocat haveing Represented to the Lords of her Majesties privy Councill That Justice Meldrum sone to Mr Robert Meldrum advocat now resideing in Dubline Robert Blanes merchant in Dubline and John Abercrombie farmer in Knockinark in the Countey of Meath in the Kingdome of Ireland comeing from that Kingdome wher he hade been Seing their freinds and relationes their; Thrie ryding horses and a baggadge horss were seized at Port Patrick and Air untill they Should grant bond for the pryce of their four horsses or that they Should obtaine a2 Licence for delyvering therof from the Councill The saids Lords haveing Considered the said verball Representation made by the said Lord Advocat; They Doe hereby Ordaine the Collectors of the customes and Waiters at the saids Tounes of Port Patrick and Air and others concerned to delyver up to the fornamed persones their saids four horsses and their bonds granted for the same or for the pryces therof In Regaird they are only their oun travelling horsses and not for sale For which this shall be to all concerned a Sufficient Warrant.
1. NRS, PC1/52, 433-4.
2. Insertion.
1. NRS, PC1/52, 433-4.
2. Insertion.
A1702/8/4
A1702/8/41
Proclamation
Proclamation anent the Post-office Read voted approven and Signed and ordered to be published and Recorded wherof the tenor follows.
Anne by the Grace of God Queen of Great Brittain France and Ireland defender of the faith To […] Our Lovits Heraulds Macers of our privy Councill pursevants Messingers at armes Our Shirrifs in that part Conjunctllie and Severallie Specially Constitute Greeting: Forasmuchas a Complaint hath been made to our privy Councill by our post master Generall That the act of parliament past in the year Jaj vic Nyntie fyve; Entituled act anent the Post office Is not duely observed in the particulars Following viz The Comon Cariers and others wher post offices are erected and post setled doe presume to carie Letters besides such as relate to goods sent, or to be returned to them; And that postrunners have not ready passage As they ought to have at Ferries Specially at the Ferrie of Dundie As also that inferior Magistrates give not that Concurrance and assistance to the postmaster Generall and his deputes in errecting or Setleing of Letter or post offices; And for rendering the said act effectuall and putting the Same to due execution, as by the said act they are requyred; And Wheras by the said act our privy Councill is authorized and Impowered to take care that particular post offices be established Over all the kingdome at places most Convenient; And generally that the said act be punctually observed and execute; And all other things done to make the Same effectuall for the true end and intent therof Therfore Wee with advice of our Said privy Councill in prosecution and for better executeing the forsaid act Discharge and forbid all Comon Cariers and others (not noblemen or Gentlemens servants) To carie receive or delyver any Letters wher post offices are errected and posts setled Excepting Such Letters allenarly As Shall be directed with and doe relate to goods Sent or to be returned by the Said Cariers Declareing that the Said Comon Cariers and others when transgressing may be Challanged Sumarly for a present transgression and brought before any Magistrat or Justice of peace of the bounds and their at the instance of the said post master or his deputs to depone anent his Carieing Receiveing or delyvering any other Letters at that time, Then these above excepted as said is; and upon his Confession punished with the paines and penalties contained in the Said act He allwayes being Sumary dismissed within six hours; And furder Wee with advice forsaid Ordain and appoint That all post runners horss or foot have ready passage at all ferries at all times and Specially at the Ferry of Dundie wher they are to be answered and Served as said is; They paying when on foot and hyreing a boat six pence for their passage and boat hyre; and when with a horss then pence which is the Ordinary rate of Boat-hyres at the said Ferry Certifieing Such as Shall transgress that they shall be punished by the Magistrats and Justices of peace of the bounds As they Shall See cause conforme to the Said act of parliament Not exceeding twenty pounds Scots toties quoties And Requyreing the saids Magistrates and Justices of peace to punish them accordingly as they will be answerable Likewayes wee with advice forsaid Ordaine and Command all Shirriffs Stewarts, Baillies of Regalities or Royalties Magistrates of Burghes Royall, Justices of peace and all other Judges and Magistrats whatsomever alse weell in Burgh as Landwart to Concurr with and assist our Said post master Generall and his deputs in dischargeing of his trust And especially in2 the Establishing of particular post offices wher they may be most convenient; And that they suffer non to hinder or Imped them therin But punish all opposers as they will be answerable on their highest perrill Our Will is Heirfore and Wee Charge yow Strictly and Command That incontinent these our Letters Seen yee pass to the marcat Cross of Edinburgh and to the marcat crosses of the remanent head burghs of the severall Shyres and Stewartries Within this our ancient kingdome and therat in Our name and authority make intimation hereof And Ordaines these presents to be printed that non may pretend Ignorance Sic Subscribitur.3
1. NRS, PC1/52, 431-3.
2. Insertion.
3. A space has been left on this page that suggests subscribing councillors’ names were to be inserted.
1. NRS, PC1/52, 431-3.
2. Insertion.
3. A space has been left on this page that suggests subscribing councillors’ names were to be inserted.
A1702/8/3
A1702/8/31
Warrant
The Lords of her Majesties privy Councill Doe hereby Allow the acts of the Last Session of her Majesties Current parliament To be sold by Mistres Anderson her Majesties printer at the rate of Twentie Shilling Scots money And Discharges her to exact any more for the Samen.
1. NRS, PC1/52, 431.
1. NRS, PC1/52, 431.
A1702/8/2
A1702/8/21
Act
Anent the petition given in to the Lords of her Majesties privy Councill by The Lady Lovat and Mr Alexander Mckenzie of Prestonhall her husband for his intrest Shewing That wher it was perfectly knowen to the Saids Lords what convocation and Insurrections2 in3 Armes Captain Simon Fraser with his accomplices were found guilty of and how that for the said treasonable deeds He and they were doomed to be punished as traitors Which albeit it pleased the late King William of his Grace to remitt; in hope of his ammendment and that he offered to vindicat himself of the rapt Committed upon the Lady Dowager of Lovat the petitioners Mother; yet he failled to appear to abide the tryall and was therfore denunced fugative; And haveing Since persisted in his disorders in that Countrey by makeing unlawfull Convocations, and exacting and oppressing the tennents, He wes by the Saids Lords delyverance in March last intercomuned; Lykeas Severall of his Accomplices had Since by the Saids Lords delyverance been also intercommuned, but tho the Said Captain Fraser hath Since that time fled the Countrey; yet he hath left John Fraser his brother with Severall other fugatives lately intercomuned as said is; who with some other Loose and brocken men to the Number of Threttie or therby; have for these thrie moneths bygone gone up and doun the Countreyes of the Aird and Stratherrick belonging to the petitioners Threatening the petitioners Chamberlands with death if they Should offer to uplift the petitioners rents from the tenents; and threatening in Like maner the tennents if they Should pay and for effectuating therof The Said John Fraser hath keept a partie of men as in Garison in the Town of Benlie the heart of the Countrey of Aird; who exact frie quarter from his tenents; Likeas he and his Complices have taken up from the tenents and possessors to the Number of Two hundred Custome Wedders and Lambs and brock up the petitioners meall Girnells in Benlie and hade taken out therof about Sixtie bolls of meall; And furder about the begining of July Last; Fraser younger of Buchrubbin, and two More of the Said John Fraser his Complices Came to the house of Moniack wher Mr Hew Fraser one of the petitioners Chamberlands dwalt And haveing by a false token fott him out of his houseand not only reproach him for Serving the petitioners But beatt him with the Butts of their Guns, and hade Murdered him if he had not made his Escape; and Because he Complained to the Commissioners of Justiciary of this their wickednes they sent him a message that if he persisted in this Complaint They should destroy him and all his relations, And tho upon Complaint forsaid given to the Said Commissioners of Justiciary by the Said Mr Hew and Captain John Mckenzie and Thomas Fraser of Gortibegg The Saids Commissioners Did not only allow the Complainers to Summond the said transgressors; But also ordained Brigadeer Maitland and the other Commanders of her Majesties forces within their district to give their assistance for apprehending the Saids persones that they might be brought to tryall, and also allowed the Compleaners to Call and Conveen her majesties leidges for their assistance And furder ordained Captain William Grant or the Commanders of his Company to appoint ten of their men to remain in that Countrey, for Securitie therof; with all orders necessary As ane act of the Said Justiciary the Eleventh of July Last therwith produced bears; yet the Said Lawless men with their associats are still goeing up and doun the Saids Countreyes; Threatening the Said Mr Heugh Fraser and Captain John Mckenzie Conjunct Baillie and Chamberland with him; and all others who Should offer to Serve the petitioners with present destruction; And when the said Captain John was lately installed to be our Baillie at Bewlay above thrie or Fourscore woman among whom were men in womens Cloathes assaulted him, and those with him by throwing Stones and many other acts of violence; and then Surrounded his house threatening to burn the Same; So that hade not some Gentlmen come to his assistance they hade made good their threatening Nor was it possible for the Said Small party of Captain Grants men; which were ordained by the said Commissions to repress these Lawless attempts to make head against the forsaid disorderly and wicked persones who are now bussie in the Countreyes of Stratherick and Aird Convocating all the Louse and brocken men they could ingage to execute their forsaid wicked designes and threatenings; And Seing that these disorders and violences do Still grow as severall missives therwith produced testifie and that all orderly means and methods that have hitherto been used prove ineffectuall And that plainly it was Imposible to repress the Said disorders and Setle the peace of the forsaid Countreyes without the Saids Lords assistance And the Concurrance of the Government in Such maner as wes requisit for Such Flagrant villanies and unaccountable Insolencies; And Therfore humbly Craveing the Saids Lords would take the premisses to Consideration and for the necessary good order and peace of the Countrey To Recommend in the first place to Major Generall Ramsay to appoint two detatchments of her Majesties forces one for the Countrey of Stratherick; and the other for the Countrey of the Aird; to reside and abide their in Such numbers and in Such places, and for such Space As he Shall find necessary And Also to Recommend to Brigadeer Maitland and the Commissioners for the Northern district to give Such orders to those under their Command; And particularly to the Said Captain Grant, and his Company as they Shall Judge requisit for repressing the Saids disorders and fortifieing the Law Against the Authors therof and Secureing their possession and their queit brooking and enjoying of the same As they from time to time Should See cause As the said petition bears The Lords of her Majesties privy Councill Haveing Considered the above petition given in to them by My Lady Lovat and Mr Alexander Mckenzie of Prestonhall her husband for his intrest; They hereby Recommend to Major Generall George Ramsay Commander in Chief of her Majesties forces within this kingdome to appoint and give orders for two detatchments of her Majesties forces one for the Countrey of Stratherick And the other for the Countrey of Aird to reside and abide their; in Such numbers and in Such places and for such time and Space; As he shall find necessary, And also Recommends to Brigadeer Maitland to give Such orders to those under his Command As he Shall think fitt; And the Commissioners of the Northerne district to give Such orders particularly to Captain William Grant and his Company as they Shall Judge requisit For repressing the disorders contained in the said petition And fortifieing the Law Against the authors therof And for Secureing the petitioners possession and their queit bruiking and enjoying of the same As they from time to time shall see cause.
1. NRS, PC1/52, 428-31.
2. The word ‘and’ scored out here.
3. Insertion.
1. NRS, PC1/52, 428-31.
2. The word ‘and’ scored out here.
3. Insertion.
A1702/8/1
A1702/8/12
Sederunt
Lord Chancelor; Earl of Lauderdale; Earl of Lowdoun; Lord Forbes; Lord Advocat; Lord Aberurchill; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Lord Provost of Edinburgh
1. NRS, PC1/52, 428.
2. NRS, PC1/52, 428.
1. NRS, PC1/52, 428.
2. NRS, PC1/52, 428.