Procedure, 9 May 1704, Edinburgh

Edinburgh the 9th May 17041

D1704/5/22

Procedure

[Note of business]

The Councill meet and did noe privat bussiness

Edinburgh the 9th May 17041

D1704/5/22

Procedure

[Note of business]

The Councill meet and did noe privat bussiness

1. NRS, PC2/28, 285v. No sederunt recorded.

2. NRS, PC2/28, 285v.

1. NRS, PC2/28, 285v. No sederunt recorded.

2. NRS, PC2/28, 285v.

Act, 9 May 1704, Edinburgh

Att Edinburgh the Nynth day of May One Thousand seven Hundered and four years

A1704/5/131

Act

Act Infavours of David Baillie

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By David Baillie prisoner in the Castle of Blackness. Shewing That the petitioner is by reason of his long Confynment, and closs imprisonment for some time, reduced now to a very bad state of health, and has too much ground to be affrayed of a decay being much fallen away in his body, and seized with ane Extraordinary paine in his breast and stomach. And Therefore Craveing there Lordships to give orders for removeing the petitioner to any prison in Edinburgh where he may have the immediat and easie advice of Physitians. And the said petition Bears. The Lords of Her Majesties privie Councill Haveing considered the above petition given into them By David Baillie prisoner in the Castle of Blackness, And the samen Being read in there presence The saids Lords Have Appointed and Ordained, And heirby Appoints and ordains the petitioner to be transported from the Castle of Blackness to the Castle of Stirling upon Fryday nixt being the Tuelf instant, And for that effect Recommends to Livet Generall George Ramsay Commander in Cheiff of Her Majesties Forces within this Kingdome, To send ane sufficient partie of Her Majesties forces upon the day forsaid, To the Castle of Blackness duely Commanded To receave from the Governour of the said Castle the person of the said David Baillie And to transport him from the said Castle of Blackness to the Castle of Stirling. And gives order and warrand to the Governour of Blackness Castle, To delyver the person of the said David Baillie to the Command of the said partie to be sent by the said Livet Generall upon the said Tuelf day of May instant, And to the Governour of the Castle of Stirling, and in his absence to the nixt Commanding officer there To receave the person of the said David Baillie from the said Commander and to detaine him prisoner in the said Castle till furder orders of the Councill thereanent.

Att Edinburgh the Nynth day of May One Thousand seven Hundered and four years

A1704/5/131

Act

Act Infavours of David Baillie

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By David Baillie prisoner in the Castle of Blackness. Shewing That the petitioner is by reason of his long Confynment, and closs imprisonment for some time, reduced now to a very bad state of health, and has too much ground to be affrayed of a decay being much fallen away in his body, and seized with ane Extraordinary paine in his breast and stomach. And Therefore Craveing there Lordships to give orders for removeing the petitioner to any prison in Edinburgh where he may have the immediat and easie advice of Physitians. And the said petition Bears. The Lords of Her Majesties privie Councill Haveing considered the above petition given into them By David Baillie prisoner in the Castle of Blackness, And the samen Being read in there presence The saids Lords Have Appointed and Ordained, And heirby Appoints and ordains the petitioner to be transported from the Castle of Blackness to the Castle of Stirling upon Fryday nixt being the Tuelf instant, And for that effect Recommends to Livet Generall George Ramsay Commander in Cheiff of Her Majesties Forces within this Kingdome, To send ane sufficient partie of Her Majesties forces upon the day forsaid, To the Castle of Blackness duely Commanded To receave from the Governour of the said Castle the person of the said David Baillie And to transport him from the said Castle of Blackness to the Castle of Stirling. And gives order and warrand to the Governour of Blackness Castle, To delyver the person of the said David Baillie to the Command of the said partie to be sent by the said Livet Generall upon the said Tuelf day of May instant, And to the Governour of the Castle of Stirling, and in his absence to the nixt Commanding officer there To receave the person of the said David Baillie from the said Commander and to detaine him prisoner in the said Castle till furder orders of the Councill thereanent.

1. NRS, PC1/53, 239-40.

1. NRS, PC1/53, 239-40.

Order, 9 May 1704, Edinburgh

Att Edinburgh the Nynth day of May One Thousand seven Hundered and four years

A1704/5/121

Order

Recommendation to the Committee anent prestmen

The Lords of Her Majesties Privie Councill, Doe heirby Recommend to the Committee formerly appointed anent prest men To secure and Committ, The person of Serjant Tweedy to prison, and punish him other wayes, as they shall see cause; And also to sett him at liberty when they have had full satisfaction.

Att Edinburgh the Nynth day of May One Thousand seven Hundered and four years

A1704/5/121

Order

Recommendation to the Committee anent prestmen

The Lords of Her Majesties Privie Councill, Doe heirby Recommend to the Committee formerly appointed anent prest men To secure and Committ, The person of Serjant Tweedy to prison, and punish him other wayes, as they shall see cause; And also to sett him at liberty when they have had full satisfaction.

1. NRS, PC1/53, 239.

1. NRS, PC1/53, 239.

Proclamation, 9 May 1704, Edinburgh

Att Edinburgh the Nynth day of May One Thousand seven Hundered and four years

A1704/5/111

Proclamation

Proclamation Dischargeing the Export of money

Ann By the Grace of God, Queen of Great Brittain France and Ireland defender of the faith To […] Macers of our privie Councill Messengers at armes, our sherriffs in that pairt, Conjunctlie and severallie speciallie Constitute Greetting. Forasmuchas By many Acts of parliament, The exporting of money or bullion furth of the Kingdome Is most strictly prohibit, And particularly by the Act of parliament Charles 2d parliament 1st Session 3d Caput 11: It is appointed, that all merchants skippers, Customers, and keepers of the Cocquets, swear before the Lords of Thesaurie, or High Thesaurer for the time or Thesaurer Depute, Not to Export, nor suffer the same to be exported, nor to conceall the exporting therof, and that noe merchant or skipper, Trade or make voyadge, to any Forraigne place, before they take the said oath, under the paine of the fifth pairt of there moveables, Which paine is over and above the Confiscation of the money ordained by the other Acts of parliament, and there is only allowed to passengers Sixty pound Scots for there Charges, As the said Act more fully proports. Notwithstanding of which good and necessary Acts yet money hath been, and is exported contrair therunto, to the great hurt and prejudice of the realme. For restraining of which abuse. Wee with advice of the Lords of our privie Councill, have ordered and doe heirby order and Command, the forsaids Acts of Parliament against the Exportation of money, to be most strictly and punctuallie observed And for makeing the same more effectuall. Wee heirby promise and give to any person who shall make discovery of the said unlaufull exportatione and shall convict the Exporter therof, That he shall have the thrid pairt of the said money exported for his reward and pains. And Furder we heirby Impower and Require the Lords of our privie Councill or any Committee to be by them appointed, To call before them any merchants skippers, or others suspected, and delated for haveing transported money unlaufully or who shall transport the same unlaufullie for hereafter and to take all Laufull probation against them by oath or other wayes whereby they may be convicted, and to give sentence against them Conforme to the forsaids Acts of Parliament, and to reward the Discovers as above Our Will is Herefore And we Charge yow strictly and Command, That in continent thir our Letters seen ye pass, To the marcat Cross of Edinburgh, and remanent mercat Crosses of the head burghs of the severall Shyres and Stewartries, Within this Kingdome, And thereat in our Name and authority Make publict Intimation hereof, That non may pretend Ignorance. And ordains thir presents to be printed and published. Given under our signet Att Edinburgh The Nynth day of May. And of our Rigne the Thrid year 1704.

Att Edinburgh the Nynth day of May One Thousand seven Hundered and four years

A1704/5/111

Proclamation

Proclamation Dischargeing the Export of money

Ann By the Grace of God, Queen of Great Brittain France and Ireland defender of the faith To […] Macers of our privie Councill Messengers at armes, our sherriffs in that pairt, Conjunctlie and severallie speciallie Constitute Greetting. Forasmuchas By many Acts of parliament, The exporting of money or bullion furth of the Kingdome Is most strictly prohibit, And particularly by the Act of parliament Charles 2d parliament 1st Session 3d Caput 11: It is appointed, that all merchants skippers, Customers, and keepers of the Cocquets, swear before the Lords of Thesaurie, or High Thesaurer for the time or Thesaurer Depute, Not to Export, nor suffer the same to be exported, nor to conceall the exporting therof, and that noe merchant or skipper, Trade or make voyadge, to any Forraigne place, before they take the said oath, under the paine of the fifth pairt of there moveables, Which paine is over and above the Confiscation of the money ordained by the other Acts of parliament, and there is only allowed to passengers Sixty pound Scots for there Charges, As the said Act more fully proports. Notwithstanding of which good and necessary Acts yet money hath been, and is exported contrair therunto, to the great hurt and prejudice of the realme. For restraining of which abuse. Wee with advice of the Lords of our privie Councill, have ordered and doe heirby order and Command, the forsaids Acts of Parliament against the Exportation of money, to be most strictly and punctuallie observed And for makeing the same more effectuall. Wee heirby promise and give to any person who shall make discovery of the said unlaufull exportatione and shall convict the Exporter therof, That he shall have the thrid pairt of the said money exported for his reward and pains. And Furder we heirby Impower and Require the Lords of our privie Councill or any Committee to be by them appointed, To call before them any merchants skippers, or others suspected, and delated for haveing transported money unlaufully or who shall transport the same unlaufullie for hereafter and to take all Laufull probation against them by oath or other wayes whereby they may be convicted, and to give sentence against them Conforme to the forsaids Acts of Parliament, and to reward the Discovers as above Our Will is Herefore And we Charge yow strictly and Command, That in continent thir our Letters seen ye pass, To the marcat Cross of Edinburgh, and remanent mercat Crosses of the head burghs of the severall Shyres and Stewartries, Within this Kingdome, And thereat in our Name and authority Make publict Intimation hereof, That non may pretend Ignorance. And ordains thir presents to be printed and published. Given under our signet Att Edinburgh The Nynth day of May. And of our Rigne the Thrid year 1704.

1. NRS, PC1/53, 238-9.

1. NRS, PC1/53, 238-9.

Warrant, 9 May 1704, Edinburgh

Att Edinburgh the Nynth day of May One Thousand seven Hundered and four years

A1704/5/101

Warrant

Warrand for reduceing two men out of each Company and Establishing ane independent Company

Letter from the Queens Majestie to the Councill for reduceing of two men out of each Company of the Earle of Mar, and Lord Strathnavers Regiments, and one Dragoon out of each Company of the Marques of Lothian and Earle of Hyndfoords Regiments and regulating the number of the Highland Companies, Read and ordered to be recorded, The Lords of Her Majesties privie Councill In obedience to the forsaid Letter Doe heirby Recomend to Lievtennent Generall George Ramsay Commander in Cheiff of Her Majesties Forces within this Kingdome, To give order for reduceing of the two Highland Companies Commanded by Captain Campbell of Fanab and Captain Grant, To the number of Fifty Centinells, two Lievtennents, two Serjants two Corporalls, and one piper each As also for reduceing out of each Company of the Regiments Commanded by The Earle of Mar and Lord Strathnaver, two Centinells out of each Company of the two Regiments of Dragoons Commanded by the Marques of Lothian, and Earle of Hyndfoord, One Centinell, so as there may be in each Companie of each of the saids four Regiments Twenty five Centinells, And recomends to the Lords Commissioners of Her Majesties Theasaurie to stop the pay of the reduced Centinells and to apply the same for payment of a Thrid Highland Company of foot, To be levied and Commanded by Major Duncan McKenzie consisting of Fifty Centinells, two Livetennents, two Serjants, two Corporalls and ane piper. And Appoints and Ordaines. The said Major McKenzie To have his Companie mustered at Inverness at and against the first day of June nixt to come, And that in presence of the Sherriff of Invernes or his Deputs or the Magistrats therof And the Muster Master or his Deputs.

Att Edinburgh the Nynth day of May One Thousand seven Hundered and four years

A1704/5/101

Warrant

Warrand for reduceing two men out of each Company and Establishing ane independent Company

Letter from the Queens Majestie to the Councill for reduceing of two men out of each Company of the Earle of Mar, and Lord Strathnavers Regiments, and one Dragoon out of each Company of the Marques of Lothian and Earle of Hyndfoords Regiments and regulating the number of the Highland Companies, Read and ordered to be recorded, The Lords of Her Majesties privie Councill In obedience to the forsaid Letter Doe heirby Recomend to Lievtennent Generall George Ramsay Commander in Cheiff of Her Majesties Forces within this Kingdome, To give order for reduceing of the two Highland Companies Commanded by Captain Campbell of Fanab and Captain Grant, To the number of Fifty Centinells, two Lievtennents, two Serjants two Corporalls, and one piper each As also for reduceing out of each Company of the Regiments Commanded by The Earle of Mar and Lord Strathnaver, two Centinells out of each Company of the two Regiments of Dragoons Commanded by the Marques of Lothian, and Earle of Hyndfoord, One Centinell, so as there may be in each Companie of each of the saids four Regiments Twenty five Centinells, And recomends to the Lords Commissioners of Her Majesties Theasaurie to stop the pay of the reduced Centinells and to apply the same for payment of a Thrid Highland Company of foot, To be levied and Commanded by Major Duncan McKenzie consisting of Fifty Centinells, two Livetennents, two Serjants, two Corporalls and ane piper. And Appoints and Ordaines. The said Major McKenzie To have his Companie mustered at Inverness at and against the first day of June nixt to come, And that in presence of the Sherriff of Invernes or his Deputs or the Magistrats therof And the Muster Master or his Deputs.

1. NRS, PC1/53, 237-8.

1. NRS, PC1/53, 237-8.

Letter: royal, 9 May 1704, Edinburgh

Att Edinburgh the Nynth day of May One Thousand seven Hundered and four years

A1704/5/91

Letter: royal

Letter from the Queens Majesty To The Councill for Reduceing the four Regiments Commanded by the Marques of Lothian, The Earles of Hyndfoord and Mar and Lord Strathnaver

Supra Scribitur Anne Regina
Right Trusty and Right weell beloved Cousine and Councellors Right Trustie and Entirely beloved Cousines and Councellors Right Trusty and weell Beloved Cousines and Councellors, Right Trusty and weell beloved Councellors, and Trusty and weell beloved Councellors. We greet yow weell, We are informed, That the Two Companies appointed for the security of the Highlands and the adjacent Countries against the thefts and Depredations to performe there duty with great Advantage to the Countries lying to the south and East of Lochness; But the Countries and Shyres lying to the North and west of Lochness (which containe a great tract of Highlands) cannot be weell protected unless there be a Thrid Company, which shall be fittly posted as to these places And we being most desireous to do any thing that may tend to the preservation of the peace, and saifty of our good subjects, Have thought fitt to grant a Commission for a Company of foot To Major Duncan McKenzie to be added to […] Consisting of fifty sentinells, tuo Lievtennents, tuo Serjants, tuo Corporalls, and one piper, and that the other two Highland Companys be reduced to the same number of Fifty Sentinells, tuo Livetennents, tuo Serjants, tuo Corperalls and one piper each. And where as the Regiment of foot Commanded by our Right Trusty and Right weell beloved Cousine and Councellor […] Earle of Mar, and the other Regiment of foot Commanded By our Right trusty and Right weell beloved Cousin […] Lord Strathnaver, Doe consist of Twenty seven Sentinells in each Company, and the two Regiments of Dragoons, Commanded by our Right Trusty, and Right weell beloved Cousins and Councellours […] Marques of Lothian and […] Earle of Hyndfoord, Consist of Tuenty six Centinells to each Company To the end that all the Companys of foot and Dragoons may consist of ane Equall number of Twenty five sentinells in each Company. It is our Royall pleasure, That tuo Centinells be reduced out of Each Company of the said Two Regiments of foot, and one Centinell out of each Company of the said tuo Regiments of Dragoons, whereby a fund will remain sufficient for paying of this new Highland Company, which is also to consent of One Captain, Two Livetennents, two Serjants, two Corporalls, one Piper, and Fifty Centinalls; the pay whereof will extend to the same, with the pay of those reduced as is above said And we require yow with all convenient dilligence to order the said Company to be established and posted fifty for proctecting the said Highlands and Country adjacent beyond Lochness for preventing and repressing thefts and other disorders, and for apprehending guilty persons, and that they may be assistant to our Courts of Justice in Execution of Laws and sentances, And in generall to give them such orders as from time to time Yow shall find necessary for the ends a forsaid And we heirby appoint That he and his Company shall act in persuance of your Instructiones and obey such Commands as they shall receave from yow or the Commander in Cheiff of our forces for the time; And they are to remain in their respective posts, untill removed by our order or yours. And so Wee bid yow heartily farewell. Given at our Court at St James’s the tuelth day of Apprile 1704. And of our Rigne the thrid year By her Majesties Command sic subscribitur Cromertie.

Att Edinburgh the Nynth day of May One Thousand seven Hundered and four years

A1704/5/91

Letter: royal

Letter from the Queens Majesty To The Councill for Reduceing the four Regiments Commanded by the Marques of Lothian, The Earles of Hyndfoord and Mar and Lord Strathnaver

Supra Scribitur Anne Regina
Right Trusty and Right weell beloved Cousine and Councellors Right Trustie and Entirely beloved Cousines and Councellors Right Trusty and weell Beloved Cousines and Councellors, Right Trusty and weell beloved Councellors, and Trusty and weell beloved Councellors. We greet yow weell, We are informed, That the Two Companies appointed for the security of the Highlands and the adjacent Countries against the thefts and Depredations to performe there duty with great Advantage to the Countries lying to the south and East of Lochness; But the Countries and Shyres lying to the North and west of Lochness (which containe a great tract of Highlands) cannot be weell protected unless there be a Thrid Company, which shall be fittly posted as to these places And we being most desireous to do any thing that may tend to the preservation of the peace, and saifty of our good subjects, Have thought fitt to grant a Commission for a Company of foot To Major Duncan McKenzie to be added to […] Consisting of fifty sentinells, tuo Lievtennents, tuo Serjants, tuo Corporalls, and one piper, and that the other two Highland Companys be reduced to the same number of Fifty Sentinells, tuo Livetennents, tuo Serjants, tuo Corperalls and one piper each. And where as the Regiment of foot Commanded by our Right Trusty and Right weell beloved Cousine and Councellor […] Earle of Mar, and the other Regiment of foot Commanded By our Right trusty and Right weell beloved Cousin […] Lord Strathnaver, Doe consist of Twenty seven Sentinells in each Company, and the two Regiments of Dragoons, Commanded by our Right Trusty, and Right weell beloved Cousins and Councellours […] Marques of Lothian and […] Earle of Hyndfoord, Consist of Tuenty six Centinells to each Company To the end that all the Companys of foot and Dragoons may consist of ane Equall number of Twenty five sentinells in each Company. It is our Royall pleasure, That tuo Centinells be reduced out of Each Company of the said Two Regiments of foot, and one Centinell out of each Company of the said tuo Regiments of Dragoons, whereby a fund will remain sufficient for paying of this new Highland Company, which is also to consent of One Captain, Two Livetennents, two Serjants, two Corporalls, one Piper, and Fifty Centinalls; the pay whereof will extend to the same, with the pay of those reduced as is above said And we require yow with all convenient dilligence to order the said Company to be established and posted fifty for proctecting the said Highlands and Country adjacent beyond Lochness for preventing and repressing thefts and other disorders, and for apprehending guilty persons, and that they may be assistant to our Courts of Justice in Execution of Laws and sentances, And in generall to give them such orders as from time to time Yow shall find necessary for the ends a forsaid And we heirby appoint That he and his Company shall act in persuance of your Instructiones and obey such Commands as they shall receave from yow or the Commander in Cheiff of our forces for the time; And they are to remain in their respective posts, untill removed by our order or yours. And so Wee bid yow heartily farewell. Given at our Court at St James’s the tuelth day of Apprile 1704. And of our Rigne the thrid year By her Majesties Command sic subscribitur Cromertie.

1. NRS, PC1/53, 236-7.

1. NRS, PC1/53, 236-7.

Order, 9 May 1704, Edinburgh

Att Edinburgh the Nynth day of May One Thousand seven Hundered and four years

A1704/5/81

Order

Recommendation to Captain Ouen

The Lords of Her Majesties privie Councill Doe heirby Recommend to Captain Ouen Commander of Her Majesties Shipe the Rochester, To remaine and continue in the Road of Leith till Fryday nixt being the Tuelf Instant, That als many of the Recruits as can be got may be put on board the shipes lyen there, And thereafter to saile with the first fair wind.

Att Edinburgh the Nynth day of May One Thousand seven Hundered and four years

A1704/5/81

Order

Recommendation to Captain Ouen

The Lords of Her Majesties privie Councill Doe heirby Recommend to Captain Ouen Commander of Her Majesties Shipe the Rochester, To remaine and continue in the Road of Leith till Fryday nixt being the Tuelf Instant, That als many of the Recruits as can be got may be put on board the shipes lyen there, And thereafter to saile with the first fair wind.

1. NRS, PC1/53, 236.

1. NRS, PC1/53, 236.

Procedure: committee formed, 9 May 1704, Edinburgh

Att Edinburgh the Nynth day of May One Thousand seven Hundered and four years

A1704/5/71

Procedure: committee formed

Committee anent the Export of money and Report of Forraign Brass Coyne

The Lords of Her Majesties privie Councill, Doe heirby Nominat and Appoint, The Duke of Atholl, The Earle of Lauderdale, The Lords Advocat, Justice Clerk, Anstruther, Collingtoun, Steinstoun, and Lord Provest of Edinburgh, To be a Committee to enquire into the Export of money furth of this Kingdome, and to consider the most effectuall method for hindering and stopping the same in tyme comeing. With power to the said Committee, to take the oaths of whatsomever person or persons that shall be dilated or Information given to them upon account of the premisses, And to consider what may be the most effectuall methods to hinder the Import of forraigne Copper or Brass Coyne. And Recommends to the said Committee to meet this day at five of the Clock in the afternoon, And declaires any two a Quorum.

Att Edinburgh the Nynth day of May One Thousand seven Hundered and four years

A1704/5/71

Procedure: committee formed

Committee anent the Export of money and Report of Forraign Brass Coyne

The Lords of Her Majesties privie Councill, Doe heirby Nominat and Appoint, The Duke of Atholl, The Earle of Lauderdale, The Lords Advocat, Justice Clerk, Anstruther, Collingtoun, Steinstoun, and Lord Provest of Edinburgh, To be a Committee to enquire into the Export of money furth of this Kingdome, and to consider the most effectuall method for hindering and stopping the same in tyme comeing. With power to the said Committee, to take the oaths of whatsomever person or persons that shall be dilated or Information given to them upon account of the premisses, And to consider what may be the most effectuall methods to hinder the Import of forraigne Copper or Brass Coyne. And Recommends to the said Committee to meet this day at five of the Clock in the afternoon, And declaires any two a Quorum.

1. NRS, PC1/53, 235-6.

1. NRS, PC1/53, 235-6.

Sederunt, 9 May 1704, Edinburgh

Att Edinburgh the Nynth day of May One Thousand seven Hundered and four years1

A1704/5/62

Sederunt

Lord Chancellour; Duke of Atholl P:S:; Earl of Lauderdale; Viscount Primrose; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Laird of Collingtoun; Sir Robert Sinclair; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh

Att Edinburgh the Nynth day of May One Thousand seven Hundered and four years1

A1704/5/62

Sederunt

Lord Chancellour; Duke of Atholl P:S:; Earl of Lauderdale; Viscount Primrose; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Laird of Collingtoun; Sir Robert Sinclair; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh

1. NRS, PC1/53, 235.

2. NRS, PC1/53, 235.

1. NRS, PC1/53, 235.

2. NRS, PC1/53, 235.