Sederunt, 21 March 1706, Edinburgh

Att Edinburgh the Twentie first day of March Jaj vijc and Six years1

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Sederunt

Marquis of Montrose; Earl of Levine; Earl of Dunmore; Earl of Stair; Earl of Glasgow; Lord Carmichell; Lord Register; Lord Justice Clerk; Lord Minto; Mr Fr Montgomrie; Laird of Ormiestoun younger

At Edinburgh 21 March 17061

A1706/3/352

Sederunt

[James Graham] marquis of Montrose; [David Melville] earl of Leven; [Charles Murray] earl of Dunmore; [John Dalrymple] earl of Stair; [David Boyle] earl of Glasgow; [James] Lord Carmichael; [Sir James Murray of Philiphaugh] lord register; [Adam Cockburn] lord justice clerk; [Gilbert Elliot] Lord Minto; Mr Francis Montgomerie; [John Cockburn] laird of Ormiston younger

1. NRS, PC1/53, 463.

2. NRS, PC1/53, 463.

1. NRS, PC1/53, 463.

2. NRS, PC1/53, 463.

Procedure, 20 March 1706, Edinburgh

Att Edinburgh the Twentieth day of March Jaj vijc and six years. Councell Called extraordinary

A1706/3/341

Procedure

Additionall Committie anent publict occurances

The Lords of her Majesties privie Councell Doe heirby Add, to the former Committie anent publict occurrances, The Viscount Primrose, Lords Pollworth, Torphichen, Elibank, and Minto, and continues the Quorum as formerly.

At Edinburgh 20 March 1706. Council called extraordinarily

A1706/3/341

Procedure

Additional committee concerning public occurrences

The lords of her majesty’s privy council do hereby add to the former committee concerning public occurrences, [James] the viscount of Primrose, [Patrick Hume] lord Polwarth; [James Sandilands] lord Torphichen; [Alexander Murray] lord Elibank, and [Gilbert Elliot] lord Minto, and continues the quorum as formerly.

1. NRS, PC1/53, 463.

1. NRS, PC1/53, 463.

Decreet, 20 March 1706, Edinburgh

Att Edinburgh the Twentieth day of March Jaj vijc and six years. Councell Called extraordinary

A1706/3/331

Decreet

Decreet of Certification The Agent for the Kirk Against Mr John Mcmillan and others

Anent the lybell and Letters of Complaint raised and persued befor the Lords of her Majesties Privie Councell at the instance of John Blair Agent for the Kirk with concourse of Sir James Steuart her Majesties Advocat for her highness Interest in the matter underwrytten Makeing mention That wher by the Laws of this and all other well Governed realms all men ought to live peaceably and orderly in due obedience and Subjection to publict authority, And to the Judicaturs both civill and Ecclesiastick, and particularly Ministers deposed by Sentence and Sensure of the Church ought to acquiesce therto, And by the twentie third Act of parliament Jaj vijc nyntie three, It’s Statute and ordained that the Lords of Privie Councell and all other Magistrats, Judges and officers of Justice, Give all due assistance for makeing the Sentences and Sencurs of the Church, and Judicaturs therof to be obeyed, or otherwayes effectuall as accords, Lykeas by severall acts of parliament all wnlawfull Convocations especiallie in armes, and for disordering the publict peace and quyet, are Strictly prohibite, But aboe all for a Minister deposed by Sentence of the Church, To disobey the Same, and offer to keep possession of his Church by keeping wp the keyes therof from the presbetrie, and by offerring to continue and mantaine the possession therof by wnlawfull convocations and violent resistance to authoritie and good order, Is a great and hynous cryme both in the Minister, and all that concurr or partake with him in that wnlawfull practise; Nevertheless it is of veritie that Mr John Mcmillan Sometyme Minister at Ballmagie haveing been deposed by the Sentence and Sensure from his said Ministrie Conforme to the Sentence pronounced against him theranent doth presumptuously refuse to Submitt to the said Sentence, bot keeps both the possession and keyes of the said kirk, and exercises still his Ministeriall function in the said kirk and parish contrary to the forsaid Sentence and deposition, And to fortifie himselfe in the said irregular practise against the authority of the Church, and the presbetrie of the bounds, Doth Convocat the leidges to his assistance, and by the forsaid illegall convocation opposes the order of the presbetrie and fortifies himselfe in the possession of the said Church, and in his obstinat opposition to the authorities of both Church and presbetrie; Lykeas David Shennan In Pallseck, John Gordon in Quintinespie, John McCairtney elder, William McCairtney in Crea, James Rea in Duchra, John Corsan in Clanchanpluck, John Geddes in […] Hugh Mitchell, George Mcguffock in […] John Cuming in Barnboord and John Murdoch all in the parioch of Ballmagie, and Alexander Mcgie of Slogarie, Doe concurr with him therin, and are the principall promotters and Ring leaders of the said wnlawfull Convocations, as also Livt Collonell William Maxwell of Cardinnes, John Maxwell of Midlebie and Thomas Mcgie of Slogarie, the Tutors and Curators of the Laird of Ballmagie Patron of the said Kirk, Doe manifastly coninve at the saids disorders by Sufferring the said Mr John Mcmillan to possess the said Church, and retaine the keyes therof, And oppose the presbetrie by the forsaid wnlawfull Convocation, By all which it is evident that the said Mr John Mcmillan, and also the said David Dannan, John Gordon, John McCairtney elder in […] William McCairtney in Crea George Mcguffock, John Cuming, John Murdoch, James Rae in Duchra, John Corsan in Clachenpluck John Geddes Hugh Mitchell in […] and Alexander Mcgie his said accomplices are all and each of them guilty, airt and pairt of a great disorder, and wnlawfull Convocations contrary to good order, and the quyet and peace of this Church and Kingdome, as also that the forsaids persons Tutors and Curators to the said Laird of Ballmagie, are guilty airt and pairt of ane wnlawfull Connivance att and neglect of ther duty for repressing the saids disorders, which being found by a Sentence of the Lords of her Majesties Privie Councell, They and all of them ought to be punished in ther persons and goods according to ther respective deserveings, And the said Mr John Mcmillan in particular Decerned to give up the keyes, and quyte the possession of the said Kirk and Manse therof, and remove from the said parish, And to Sease from his Saids disorders, or otherwayes to be banished furth of the Kingdome to the example and terror of others to committ the lyke in tyme comeing, And Anent the charge given to the foirnamed persons defenders to have Compeared befor the Saids Lords of Privie Councell To have answered to the forsaid Complaint, and to have heard and Seen Such order and course taken theranent as appertains with certification etc as the saids Letters and Complaint with the executions therof bears; The said Lybell at the instance of John Blair Agent to the Kirk Against the saids Mr John Mcmillan Sometyme Minister at Ballmagie, David Shennan in Polseck, John Gordon in Quintinespie, William McCairtney in Crea, James Rea in Duchra, John Corsan in Clachanpluck, John Geddes in Drumglass, Hugh Mitchell in Quintinespie, George Mcguffock in Drumbean and John Cuming in Barnbord, Being Called, And the said persewer Compearing personallie at the barr, and the saids defenders being absent to Lawfully cited and oft tymes Called, The saids Lords of her Majesties Privie Councell Doe heirby Grant Certification against the saids defenders, and ordains letters of denounciation to be direct heirupon to Meacers or Messengers att armes to pass to the Mercat Cross of […] and other places needfull, and ther in her Majesties name and authoritie Duly Lawfullie and orderly Denounce the saids defenders her Majesties rebells, and putt them to her highness horne, Escheat and inbring all ther moveable goods and gear to her Majesties use, for ther contempt and disobedience.

At Edinburgh 20 March 1706. Council called extraordinarily

A1706/3/331

Decreet

Decreet of certification the agent for the Kirk against Mr John McMillan and others

Concerning the libel and 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, making mention that where by the laws of this and all other well-governed realms, all men ought to live peaceably and orderly in due obedience and subjection to public authority, and to the judicators both civil and ecclesiastical, and particularly ministers deposed by sentence and censure of the Church ought to acquiesce thereto, and by the 23rd act of parliament [of] 1693, it is statute and ordained that the lords of privy council and all other magistrates, judges, and officers of justice, give all due assistance for making the sentences and censures of the Church, and judicators thereof, to be obeyed, or otherwise effectual as accords, likewise by several acts of parliament all unlawful convocations, especially in arms, and for disordering the public peace and quiet, are strictly prohibited, but above all for a minister deposed by sentence of the Church to disobey the same, and offer to keep possession of his church by keeping up the keys thereof from the presbytery, and by offering to continue and maintain the possession thereof by unlawful convocations and violent resistance to authority and good order, is a great and heinous crime both in the minister and all that concur or partake with him in that unlawful practice. Nevertheless it is of verity that Mr John McMillan, sometime minister at Balmaghie, having been deposed by the sentence and censure from his said ministry conform to the sentence pronounced against him therein, does presumptuously refuse to submit to the said sentence, both keeps both the possession and keys of the said kirk, and exercises still his ministerial function in the said kirk and parish contrary to the foresaid sentence and deposition, and to fortify himself in the said irregular practice against the authority of the Church, and the presbytery of the bounds, does convocate the lieges to his assistance, and by the foresaid illegal convocation opposes the order of the presbytery and fortifies himself in the possession of the said church, and in his obstinate opposition to the authorities of both Church and presbytery. Likewise David Shennan in Pallseck, John Gordon in Quintinespie, John McCartney elder, William McCartney in Crea, James Rea in Duchra, John Corsan in Clanchanpluck, John Geddes in […] Hugh Mitchell, George McGuffock in […], John Cuming in Barnboord and John Murdoch, all in the parish of Balmaghie, and Alexander McGie of Slogarie, do concur with him therein, and are the principal promoters and ring-leaders of the said unlawful convocations, as also Lieutenant Colonel William Maxwell of Cardines, John Maxwell of Midlebie and Thomas McGie of Slogarie, the tutors and curators of the laird of Balmaghie, patron of the said kirk, do manifestly connive at the said disorders by suffering the said Mr John McMillan to possess the said church, and retain the keys thereof, and oppose the presbytery by the foresaid unlawful convocation. By all which it is evident that the said Mr John McMillan, and also the said David Dannan, John Gordon, John McCartney elder in […], William McCartney in Crea, George McGuffock, John Cuming, John Murdoch, James Rae in Duchra, John Corsan in Clachenpluck, John Geddes, Hugh Mitchell in […], and Alexander McGie his said accomplices, are all and each of them guilty, art and part of a great disorder, and unlawful convocations contrary to good order and the quiet and peace of this Church and kingdom. As also that the foresaid persons, tutors and curators to the said laird of Balmaghie, are guilty art and part of an unlawful connivance at and neglect of their duty for repressing the said disorders, which being found by a sentence of the lords of her majesty’s privy council, they and all of them ought to be punished in their persons and goods according to their respective culpability, and the said Mr John McMillan in particular discerned to give up the keys and quit the possession of the said kirk and manse thereof, and remove from the said parish, and to cease from his said disorders, or otherwise to be banished forth of the kingdom to the example and terror of others to commit the like in time coming. And concerning the charge given to the forenamed persons, defenders, to have appeared before the said lords of privy council to have answered to the foresaid complaint, and to have heard and seen such order and course taken therein as appropriate, with certification etc as the said letters and complaint with the executions thereof bear. The said libel at the instance of John Blair, agent to the Kirk, against the said Mr John McMillan, sometime minister at Balmaghie, David Shennan in Polseck, John Gordon in Quintinespie, William McCartney in Crea, James Rea in Duchra, John Corsan in Clachanpluck, John Geddes in Drumglass, Hugh Mitchell in Quintinespie, George McGuffock in Drumbean and John Cuming in Barnbord, being called, and the said pursuer appearing personally at the bar, and the said defenders being absent [though] lawfully cited and often called, the said lords of her majesty’s privy council do hereby grant certification against the said defenders, and ordains letters of denunciation to be directed hereupon to macers or messengers at arms to pass to the mercat cross of […] and other places needful, and there in her majesty’s name and authority duly, lawfully, and orderly denounce the said defenders her majesty’s rebels, and put them to her highness’ horn [and] escheat and bring in all their moveable goods and gear to her majesty’s use, for their contempt and disobedience.

1. NRS, PC1/53, 461-2.

1. NRS, PC1/53, 461-2.

Procedure, 20 March 1706, Edinburgh

Att Edinburgh the Twentieth day of March Jaj vijc and six years. Councell Called extraordinary

A1706/3/321

Procedure

Captain Hamillton etc qualified to her Majestie

Oath of alleadgance Sworne and the Samen with the assurance Signed by Captain James Hamillton Captain of the Royall Mary, and William Hay his Livetennant, and Patrick Hay Master of the Said Shipe In presence of her Majesties Advocat, And the Samen being reported to the Councell was appoynted to be recorded and putt up among the oaths.

At Edinburgh 20 March 1706. Council called extraordinarily

A1706/3/321

Procedure

Captain Hamilton etc qualified to her majesty

Oath of allegiance sworn and the same with the assurance signed by Captain James Hamilton, captain of the Royal Mary, and William Hay his lieutenant, and Patrick Hay, master of the said ship, in presence of [Sir James Stewart of Goodtrees] her majesty’s advocate, and the same being reported to the council was appointed to be recorded and put up among the oaths.

1. NRS, PC1/53, 461.

1. NRS, PC1/53, 461.

Act, 20 March 1706, Edinburgh

Att Edinburgh the Twentieth day of March Jaj vijc and six years. Councell Called extraordinary

A1706/3/311

Act

Act for a voluntar Levie of Seamen

Act for a voluntar Leavie of Seamen, Read, voted and approven, and the Samen in her Majesties letter to be prefixed therto ordained to be printed and recorded, and the Lords of her Majesties Privie Councell Doe heirby Recommend to David Earle of Weemes Lord high Admirall To fill up the day betwixt and which the Seamen are to repair to Leith, and that befor the Samen be printed.
The Lords of her Majesties Privie Councell In prosecution of her Majesties letter direct to them on the Twentie Sevinth of February last, And makeing mention that one of her men of warr, Sent for Convoy into the road of Leith, Is to ly some dayes their, and to receive what Seamen will voluntarly enter themselves to Serve in the Royall Navie, who for ther incouragment are to have fourty Shillings Sterling each Seaman at his entrie; And from that tyme the Same pay and intertainement that her Majesties English Seamen doe receive; And therfor recommending to ther lordships care to fall wpon Such methods as they Judge proper for giveing notice to all Seamen, that Such as are willing to enter into her Majesties Service on board her fleet, may know wher to goe and List themselves, And to give all other incouargment and assistance to the Captain of the said man of warr for raising Seamen that may be consistant with the laws of the kingdome, Giveing alewayes Speciall order for preventing abuses and disorders in makeing these levies, Doe therfore heirby ordaine the Magistrats of the repsective burghs and Sea-touns within the Firths of Scotland, or els wher upon any of the coasts therof, or any other persone haveing warrand from the said Captain to beat drums within ther saids burghs and Sea-touns for intimateing to all eable Seamen who voluntarly of ther own free consent given befor a Magistrat attesting the Same, are willing to Serve aboard her Majesties fleet that they repair to Leith betwixt and the first day of May nixt to come, and ther offerr themselves to the said Captain, or any he Shall appoynt, wpon payment to be made to each of the said Seamen of Fourtie Shilling Sterling of free bounty, and levie money befor ther goeing aboard of the said man of warr, and the said Captain his engageing that they Shall be received into her Majesties Service aboard her fleet, and Shall have the Same pay and intertainement with her English Seamen; And the Saids Lords of Councell ordaine all Magistrats and others within the burghs and Seatouns forsaids to give ther concurrance to the said Captain, And Such as Shall be imployed by him for Secureing the persons of the saids Seamen who Shall willingly ingage and receive payment in maner forsaids, wpon the Captains proper charges and expences; And the saids Lords doe heirby Strictly prohibite and discharge all disorders or abuses to be committed in makeing the said voluntar levie, But that all concerned keep themselves within the bounds and rules of law, Recommending to the Committie of Councell for prest men to hear and redress Summarly all Complaints that Shall be made to them in the said matter.

At Edinburgh 20 March 1706. Council called extraordinarily

A1706/3/311

Act

Act for a voluntary levy of seamen

Act for a voluntary levy of seamen read, voted, and approved, and the same in her majesty’s letter to be prefixed thereto ordained to be printed and recorded, and the lords of her majesty’s privy council doe hereby recommend to David earl of Wemyss, lord high admiral, to fill up the day between [now] and which the seamen are to repair to Leith, and that before the same be printed.
The lords of her majesty’s privy council in prosecution of her majesty’s letter directed to them on 27 February last, and making mention that one of her men of war, sent for convoy into the road of Leith, is to lie some days there, and to receive what seamen will voluntarily enter themselves to serve in the royal navy, who for their encouragement are to have 40s Sterling each seaman at his entry, and from that time the same pay and entertainment that her majesty’s English seamen do receive, and therefor recommending to their lordships’ care to fall upon such methods as they judge proper for giving notice to all seamen, that such as are willing to enter into her majesty’s service on board her fleet, may know where to go and list themselves, and to give all other encouragement and assistance to the captain of the said man of war for raising seamen that may be consistent with the laws of the kingdom, giving always special order for preventing abuses and disorders in making these levies, do therefore hereby ordain the magistrates of the respective burghs and sea-towns within the firths of Scotland, or elsewhere upon any of the coasts thereof, or any other person having warrant from the said captain, to beat drums within their said burghs and sea-towns for intimating to all able seamen who voluntarily of their own free consent given before a magistrate attesting the same, are willing to serve aboard her majesty’s fleet, that they repair to Leith between [now] and 1 May next to come, and there offer themselves to the said captain, or any he shall appoint, upon payment to be made to each of the said seamen of 40s Sterling of free bounty and levy money before their going aboard of the said man of war, and the said captain his engaging that they shall be received into her majesty’s service aboard her fleet, and shall have the same pay and entertainment with her English seamen. And the said lords of council ordain all magistrates and others within the burghs and sea-towns foresaid to give their concurrence to the said captain, and such as shall be employed by him for securing the persons of the said seamen who shall willingly engage and receive payment in manner foresaid, upon the captain’s proper charges and expenses. And the said lords do hereby strictly prohibit and discharge all disorders or abuses to be committed in making the said voluntary levy, but that all concerned keep themselves within the bounds and rules of law, recommending to the committee of council for pressed men to hear and redress summarily all complaints that shall be made to them in the said matter.

1. NRS, PC1/53, 461.

1. NRS, PC1/53, 461.

Warrant, 20 March 1706, Edinburgh

Att Edinburgh the Twentieth day of March Jaj vijc and six years. Councell Called extraordinary

A1706/3/301

Warrant

Warrand for liberating the Ostend prisoners

The Earle of Cromartie haveing represented to the Lords of her Majesties Privie Councell That in december last ther was Seased and taken by the Admirall deput within the bounds of Caithness, a Livetennant and Twentie fyve prisoners belonging to ane Ostend Privateer, and that the Samen are Still in custody ther, And the Saids Lords haveing considered the Samen, They doe heirby give order and warrand to the Earle of Cromartie as Admirall deput within the bounds forsaid To Sett the foirnamed persons at liberty furth of the prisone wher they may be at present, with full freedome and liberty to them to returne to ther respective aboads without trouble or molestation, And discharges all persons whatsomever with this kingdome to Stope or hinder them in ther voyage thither; And allowes the Admirall deput to give them particular passes bearing ther names and designations.

At Edinburgh 20 March 1706. Council called extraordinarily

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Warrant

Warrand for liberating the Ostend prisoners

[George Mackenzie] the earl of Cromartie having represented to the lords of her majesty’s privy council that in December last there was seized and taken by the admiral depute within the bounds of Caithness a lieutenant and twenty-five prisoners belonging to an Ostend privateer, and that the same are still in custody there, and the said lords having considered the same, they do hereby give order and warrant to the earl of Cromartie as admiral depute within the bounds foresaid to set the forenamed persons at liberty forth of the prison where they may be at present, with full freedom and liberty to them to return to their respective abodes without trouble or molestation, and discharge all persons whatsoever with this kingdom to stop or hinder them in their voyage thither. And allow the admiral depute to give them particular passes bearing their names and designations.

1. NRS, PC1/53, 460.

1. NRS, PC1/53, 460.

Act, 20 March 1706, Edinburgh

Att Edinburgh the Twentieth day of March Jaj vijc and six years. Councell Called extraordinary

A1706/3/291

Act

Act and proclamation anent Intruders into Churches

The Lords of her Majesties privie Counsell haveing taken to their Serious consideration a representation made to them by the Commission of the late Generall Assembly of the Church, and in the name, and by the warrand of the said Assembly, Off Severall Church irregularities and disorders, as particularly, That wher Churches happine to vaik by death or otherwayes, The keyes thereof are withdrawen by disaffected persons, and the presbetrie of the bounds refused or hindered to have access thereto, Notwithstanding of the frequent orders and acts made for remedy of these abuses; Secondly That persons haveing no authority from or within this Church, but pretending warrand from the late exaucterat Bishops, Doe take upon them to preach, and exerce other acts of the Ministeriall function contrary to all good order, And to perpetuat ane unhappie Schisme; And Thirdly, wher Intruders are removed from Kirk or parishes parishes by Sentence of the Lords of Councell for ther Intrustion, yet for elideing of the said Sentence, They doe either remove only to the border of the neighbouring parish, and ther continue to exerce, or otherwayes Intrude elswher, as if no Sentence had past against them, The Saids Lords of Privie Councell for remedy of the Saids abuses, Doe therfor in the first place in prosecution And for the more effectuall execution of the Acts of parliament and Privie Councell made for that effect, Requyre and Command all Shirreffs and ther deputs, and all other Magistrats and officers of the law, within whose bounds any Church is or Shall happine to be vaccant that wpon application made to them by the presbetrie of the bounds, or any in ther name, They make and cause make the Samen patent to the presbetrie; and delyver or cause delyver to the said2 presbetrie, or any haveing ther warrand either the usuall keyes of the said Church, or new keyes in place of the former usuall keyes abstracted and withdrawen, wherby the Church may be made freely patent, and that within the Space of fyftein dayes after they Shall be requyred therto by forme of Instrument taken against them personallie for that effect, with certification that if they refuse to make or cause make the said Church patent to the presbetrie in maner forsaid within the said Space of fyfteine dayes, Letters Shall be direct at the instance of the Kirk Agent by delyverance of privie Councell Summarly Against them chargeing them therto Simpliciter within the Space of Ten dayes, And the Saids Lords of Privie Councell Doe heirby order and warrand the forsaids Letters to be direct Conforme to the said certification, And that without prejudice of the pains contained in the said act of parliament Jaj vic nyntie eight against the saids shirreffs and others who Shall refuse to obtemper the terms of the said act: And in the nixt place the saids Lords of Privie Councell, Doe heirby expressly Prohibite and Discharge all persons who weather had nor have any authoritie from or3 within this Church, But pretend allenerly to a warrand or licence from the late Exautorat Bishops, Since they wer exauctorat, To take upon them to preach or exerce any pairt of the Ministeriall function within this Church, or within any Kirk or parish therof, Certifieing Such as Shall presume to preach or exercise in the contrary, without being duly ~~exerci~~authorised and qualified according to law, They Shall not only be lyable upon due Information to be Summarly Seased, and Secured by the Magistrats of the Bounds In order to ther tryall, And which Magistrats are heirby authorised to Sease them accordingly, But also that upon due tryall, They Shall be banished by Sentence of the Lords of Privie Councell furth of the kingdome Conforme to the act of parliament Jaj vic nyntie three; And farder the late Bishops exautorat, as said is, are heirby discharged to grant any Such warrand or Licence, As they will be answerable upon their highest perrill And Thirdly, The Saids Lords of Privie Councell Doe heirby Declaire and Certifie that if any Minister or preacher either depryved by Sentence of Privie Councell, or not qualified according to law, and Shall be removed from any Church or parish as ane Intruder by Sentence of the Saids Lords, Shall be found again transgressing by Intrudeing into any other Kirk or parish Contrary to the act of parliament Jaj vic nyntie fyve, Made against Intruders into Churches without a legall Call and admission therto, He Shall not only be Summarly Seased and Secured upon due Information by the Magistrat of the bounds to answer for his transgression, and which Magistrats are heirby authorised to Sease him accordingly, But also after due conviction he Shall be banished furth of the Kingdome Conforme to the saids acts of parliament; And the Lords of her Majesties Privie Councell Doe heirby ordaine these presents to be printed and published at the mercat Cross of Edinburgh, And all other places needfull that non pretend ignorance.

At Edinburgh 20 March 1706. Council called extraordinarily

A1706/3/291

Act

Act and proclamation concerning intruders into churches

The lords of her majesty’s privy council having taken to their serious consideration a representation made to them by the commission of the late general assembly of the Church, and in the name, and by the warrant of the said assembly, of several church irregularities and disorders, as particularly, that where churches happen to become vacant by death or otherwise, the keys thereof are withdrawn by disaffected persons, and the presbytery of the bounds refused or hindered to have access thereto, notwithstanding of the frequent orders and acts made for remedy of these abuses. Secondly, that persons having no authority from or within this Church, but pretending warrant from the late ejected bishops, do take upon them to preach, and exercise other acts of the ministerial function contrary to all good order, and to perpetuate an unhappy schism. And thirdly, where intruders are removed from kirks or parishes by sentence of the lords of council for their intrusion, yet for avoiding of the said sentence, they do either remove only to the border of the neighbouring parish, and there continue to exercise, or otherwise intrude elsewhere, as if no sentence had passed against them. The said lords of privy council for remedy of the said abuses, do therefor in the first place in prosecution and for the more effectual execution of the acts of parliament and privy council made for that effect, require and command all sheriffs and their deputes, and all other magistrates and officers of the law within whose bounds any church is or shall happen to be vacant, that upon application made to them by the presbytery of the bounds, or any in their name, they make and cause make the same patent to the presbytery, and deliver or cause deliver to the said presbytery, or any having their warrant, either the usual keys of the said church, or new keys in place of the former usual keys abstracted and withdrawn, whereby the church may be made freely patent, and that within the space of fifteen days after they shall be required thereto by form of instrument taken against them personally for that effect, with certification that if they refuse to make or cause make the said church patent to the presbytery in manner foresaid within the said space of fifteen days, letters shall be directed at the instance of the Kirk agent by deliverance of privy council summarily against them, charging them thereto simpliciter within the space of ten days. And the said lords of privy council do hereby order and warrant the foresaid letters to be directed conform to the said certification, and that without prejudice of the pains contained in the said act of parliament [of] 1698 against the said sheriffs and others who shall refuse to obey the terms of the said act. And in the next place, the said lords of privy council do hereby expressly prohibit and discharge all persons who neither had nor have any authority from or within this Church, but pretend only to a warrant or licence from the late ejected bishops, since they were ejected, to take upon them to preach or exercise any part of the ministerial function within this Church, or within any kirk or parish thereof, certifying such as shall presume to preach or exercise in the contrary, without being duly authorised and qualified according to law, they shall not only be liable upon due information to be summarily seized and secured by the magistrates of the bounds in order to their trial, and which magistrates are hereby authorised to seize them accordingly, but also that upon due trial, they shall be banished by sentence of the lords of privy council forth of the kingdom, conform to the act of parliament [of] 1693. And further, the late bishops ejected as said is are hereby discharged to grant any such warrant or licence, as they will be answerable upon their highest peril. And thirdly, the said lords of privy council do hereby declare and certify that if any minister or preacher either deprived by sentence of privy council or not qualified according to law, and shall be removed from any church or parish as an intruder by sentence of the said lords, shall be found again transgressing by intruding into any other kirk or parish contrary to the act of parliament [of] 1695, made against intruders into churches without a legal call and admission thereto, he shall not only be summarily seized and secured upon due information by the magistrate of the bounds to answer for his transgression, and which magistrates are hereby authorised to seize him accordingly, but also after due conviction he shall be banished forth of the kingdom, conform to the said acts of parliament. And the lords of her majesty’s privy council do hereby ordain these present to be printed and published at the mercat cross of Edinburgh and all other places needful that none pretend ignorance.

1. NRS, PC1/53, 459-60.

2. Insertion.

3. The word ‘from or’ are an insertion.

1. NRS, PC1/53, 459-60.

Procedure, 20 March 1706, Edinburgh

Att Edinburgh the Twentieth day of March Jaj vijc and six years. Councell Called extraordinary

A1706/3/281

Procedure

Commission for Treating anent ane Union betwixt Scotland and England

Commission under the great Seall Nominating Severall persons to be Commissioners for treating anent ane Union with the Commissioners for England being Read, The same was ordered to be Recorded, The tenor wherof follows
Anna dei Gratia Magnae Brittaniae Franciae et Hyberniae Regina, fideique defensor, Omnibus probis hominibus ad quos praesentes literae nostrae pervenerint2 , Salutem Quandoquidem nos considerantes immense commodum omnibus nostris Subditis per arctiorem et completiorem Unionem Regnorum nostrorum Scotiae et Angliae oriundem, Cumque per actum Parliamenti dicti Regni Angliae anno domini Jai Viic quarto, iis personas3 vel tot et tali earundem numero qui a nobis Nominarentur, et quos nos in hunc effectum Pro quorum (ut Loquitur) Statuerimus, Plena authoritas et potestas concessa est, Conveniendi et tractandi Cum iis Commissionariis autoritate Parlamenti4 Scotiae muniendis de tali unione dictorum duorum Regnorum Scotiae et Angliae, Aut circa quaecunque alia negotia, causas et res, quae (debita deliberatione habita) majoris Partis dictorum Commissionariorum ut praedicitur congregatorum, Una cum Commissionariis authoritate Parliamenti Scotiae nunc muniendis dicti Commissionarii nostro honori et mutuo bono utriusque Regni in perpetuum convenientia, et necessaria in eorum prudentia Judicabunt; Nosque etiam ex Regia nostra affectione et Cura ad promovendam faelicitatem omnium nostrorum Subditorum, Tale insigne et bonum opus prosequi desiderantes et cupientes, Parliamento nostro Scotiae mense Junii ultimo elapsi Commendavimus, ut cum dicto Regno nostro Angliae tractatus institueretur; In cujus prosecutione per quartum Actum Sessionis Parliamenti ultimo elapsae, decretum, Statutum et ordinatum est Quod ii et quot eorum nobis visum fuerit Sub magno Sigillo dicti antiqui Regni nostri Scotiae constituere et nominare plenam potestatem, Commissionem et autoritatem5 haberent locis et temporibus a nobis designandis conveniendi et congregandi, Ac cum talibus Commissionariis autoritate6 Parliamenti Angliae muniendis tractandi et deliberandi circa talem Unionem dictorum duorum Regnorum Scotiae et Angliae, Ac circa quaecunque alia negotia, causas et res quae (matura habita deliberatione majoris Partis dictorum Commissionariorum ut praedicitur Congregatorum) una cum Commissionariis autoritate7 Parliamenti Angliae muniendis Secundum tenorem eorum Commissionum eatenus concessarum, dicti Commissionarii honori nostro et utilitati et mutuo commodo dictorum Regnorum nostrorum in perpetuum conducere Judicabunt, Ac etiam quod dicti Commissionarii pro utroque regno secundum tenorem suarum Commissionum respective sua acta et gesta in eadem materia in tria diversa scripta aut Instrumenta singulatim per ipsos aut eorum Quorum subscribenda et sigillanda redigent et digerent In et ad hunc finem ut unum dictorum Scriptorum seu Instrumentorum Nobis, Aliud dictorum Scriptorum vel Instrumentorum Parliamento Scotiae, et tertium dictorum Scriptorum aut Instrumentorum Parliamento Angliae proximis dictorum Parliamentorum Sessionibus In unoquoque Regno respective tenandis exhibeantur, Postquam dicta Scripta seu Instrumenta per dictos Commissionarios Subscripta et Sigillata fuerunt ut desuper, Nos et dicta Parliamenta ultra procedamus prout necessarium visum fuerit, pro commodo et bono utriusque regni, quibus Parliamentis integra consideratio totius ac in totum vel pro parte approbandi aut reprobandi prout iis expediens videtur, omnino reservatur, Et per dictum providetur quod nulla materia, aut res tractanda, proponenda vel per dictos Commissionarios virtute dicti acti concludenda ullius erit vigoris seu effectus cujuscunque donec prius authoritate et Acto Parliamenti Regni Scotiae confirmata et Stabilita fuerit; Et quod non licitum erit praedictis Commissionariis de alteratione cultus disciplinae aut regiminis Ecclesiae Scoticanae ut nunc per leges Stabilita8 sunt Ullo modo tractare: Cumque nos satis experte Specialem fidem et fiduciam reponamus In fidelitate, eximiis animi dotibus et Prudentia personarum Infrascriptarum Videlicet Jacobi Comitis de Seafeild Summi nostri Cancellarii dicti Regni, Jacobi Ducis de Queensberrie Secreti nostri Sigilli Custodis, Joannis Comitis de Marr et Hugonis Comitis de Loudoun nostrorum Principalium Status Secretariorum Joannis Comitis de Sutherland, Jacobi Comitis de Mortoun, Davidis Comitis de Weemes, Davidis Comitis de Levine, Joannis Comitis de Stair, Archibaldi Comitis de Roseberrie, Davidis Comitis de Glasgow nostri Theasaurarii deputati, Domini Archibaldi Campbell fratris germani Ducis de Argyll, Thomae Vicecomitis de Dupline; Gulielmi Domini de Ross Unious9 Commissionariorum nostri Thesaurarii, Domini Hugonis Dalrymple , Collegii nostri Justiciae Praesidis , Adami Cockburne de Ormiestoun, nostri Justiciarii Clerici , Domini Roberti Dundas de Arniestoun et Magistri Roti Steuart de Tilliecultrie Senatorum Collegii Justiciae , Magistri Francisci Montgomrie Unious10 Commissionariorum nostri Thesaurarii , Domini David Dalrymple Unius nostrorum Solicitorum , Domini Alexandri Ogilvie de Forglen Generalis nostri Receptoris, Domini Patricii Johnstoun Praepositi Edinburgensis, Domini Jacobi Smallet de Bonhill, Georgii Lockart de Cairnwath, Gulielmi Morieson de Prestongrange, Alexandri Grant de eodem Junioris, Gulielmi Seaton de Pittmedden Junioris, Joannis Clerk de Penniecook Junioris Hugonis Montgomrie nuper Praesiti Glasgowensis, Danielis Steuart fratris Germani Barronis de Castellmilk , et Danielis Campbell de Arnteanet? ; Noveritis igitur Nos Nominasse , constituisse et ordinasse , Sicuti nos tenore praesentium Nominamus , Constituimus et Ordinamus memoratas personas Commissionarios pro dicto Regno Scotiae ad effectum praedictum, Dando et Concedendo illis vel eorum Novem , quos pro Quorum (ut loquimur) constituimus , plenam potestatem Commissionem et authoritatem congregandi et conveniendi cum talibus Commissionariis authoritate Parliamenti Angliae muniendis vel eorum Sufficiente numero (vulgo Quorum) Apud Civitatem nostram de Westminster decimo Sexto die mensis Aprilis proxime Sequentis, et tempore et loco praedicto Tractandi circa Unionem dictorum Regnorum Scotiae et Angliae, Et circa quaecunque alia negotia, causas et res, quae (matura deliberatione habita majoris partis dictorum Commissionariorum, ut praedicitur congregatorum) una cum Commissionariis authoritate Parlia[men]ti Angliae muniendis secundum tenorem eorum Commissionuum ad hunc effectum dicti Commissionarii , honori nostro et commodo, et mutuo bono utriusque Regni in perpetuum necessaria et convenientia Judicabunt ; Cum potestate dictis Commissionariis, et eorum Sufficienti numero (vulgo Quorum ut Loquuntur) de tempore in tempus, cum aut absque continuatione congregandi et conveniendi, Et in omnibus quibuscunque rebus per praesentes, vel dictum actum Parliamenti eorum Curae concreditis et commissis, secundum officium et Judicium eorum procedendi, Mandando et Requirendo dictos Commissionarios curam adhibere, ut omnia sua acta et gesta in praemissis In tria diversa Scripta aut instrumenta debite redigantur et digerentur, per eos Subscribenda, Sigillanda et praeparanda, ita ut nobis et Parliamentis utriusque Regni exhibeantur, modo per dictum actum Statuto et requisito; Declarando omni modo per praesentes quod Licitum non erit dictis Commissionariis de alteratione Cultus disciplinae aut Regiminis Ecclesiae Scoticanae, ut nunc per leges Stabilita sunt ullo modo tractare; Ac etiam Declarando nulla negotia aut res tractanda, proponenda, aut per dictos Commissionarios virtute praesentis Commissionis concludenda, ullius fore vigoris seu effectus cujuscunque donec prius authoritate et acto Parliamenti dicti antiqui Regni Scotiae confirmata et Stabilita fuerint; Reservando nobis plenam potestatem et authoritatem continuandi praesentes Commissionarios ad quemvis locum, et quoties nobis visum fuerit per Scriptum nostra Regali manu Signatum, aut Epistolem iis directam, non obstante potestate seipsos continuandi talibus temporibus et ad tales locos, ut ipsis visum fuerit per praesentes iis concessa: In cujus rei Testimonium praesentibus magnum Sigillum nostrum appendi praecipimus, Apud Aulam nostram de Kensingtoun Vigesimo Septimo die mensis Februarii Anno domini Millesimo Septingentesimo Sexto, et Anno Regni nostro quarto, Per Signaturam manu S . D . N . Reginae suprascriptam, Wrytten to the great Seall and registrat the nynth day of March 1706 . Sic Subscribitur Charles Kerr. Sealled at Edinburgh the nynth day of March 1706 years Sic Subscribitur Alexander Ogilvie.

At Edinburgh 20 March 1706. Council called extraordinarily

A1706/3/281

Procedure

Commission for treating concerning a union between Scotland and England

Commission under the great seal nominating several persons to be commissioners for treating concerning a union with the commissioners for England being read, the same was ordered to be recorded, the tenor whereof 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 we considering the huge advantage to all our subjects originating through the closer and more complete union of our kingdoms of Scotland and England, and since by the act of parliament of the said kingdom of England in the year of the lord 1704 full authority and power was granted to those persons or so many and such number of them who should be nominated by us and whom we will have established in this effect for a quorum (as is said), for convening and transacting with those commissioners [who are] to be fortified with the authority of the parliament of Scotland, regarding such a union of the said two kingdoms of Scotland and England, or about whatever other businesses, causes and matters, which (after due deliberation has been held of the greater part of the said commissioners, as is foresaid, congregated along with commissioners now to be fortified by the authority of the parliament of Scotland), the said commissioners will judge convenient and necessary in their prudence for our honour and the mutual good of each kingdom in perpetuity. And we also, out of our royal affection and care for advancing the happiness of all of our subjects, wanting and desiring to advance such distinguished and good work, have commended to our parliament of Scotland of the month of June last past that a treatise should be established with our said kingdom of England. In the prosecution of which, through the 4th act of the session of parliament last elapsed, it was decided and ordained to constitute and nominate under the great seal of our ancient kingdom of Scotland that these and so many of them as it will have seemed fitting to us should have full power, commission and authority of meeting and congregating at the places and times to be designated by us and with such commissioners fortified by the authority of the parliament of England, of transacting and deliberating about such a union of the said two kingdoms of Scotland and England, and about whatever other businesses, causes and matters which (early deliberation having been held of the major part of the said commissioners congregated as is foresaid, along with the commissioners to be fortified with the authority of the parliament of England, according to the tenor of their commissions granted so far) the said commissioners will judge to lead to our honour and utility and the mutual profit of our said kingdoms in perpetuity. And also that the said commissioners for each kingdom, according to the tenor of their commissions respectively, will render and arrange their own acts and deeds in the same matter in three separate writings or instruments to be subscribed singly by them or their quorum and sealed, in and to this end that they be shown: one of the said writings or instruments to us, another of the said writings or instruments to the parliament of Scotland and the third of the said writings or instruments to the parliament of England at the next Sessions of the said Parliaments, to be held in each kingdom respectively. After the said writings or instruments will have been subscribed by the said commissioners and sealed as above, we and the said parliaments may proceed further just as will have seemed necessary for the profit and good of each kingdom, to which parliaments it may be entirely reserved the full consideration of approving or rejecting of the total, and in whole or for part, just as it seems expedient to them. And it is provided through the said [act] that no matters or things to be transacted, proposed or concluded by the said commissioners by virtue of the said act, will be of any strength or effect whatsoever, until it will have been confirmed and established formerly by the authority and act of parliament of the kingdom of Scotland. And that it will not be allowable to the foresaid commissioners to transact in any way about alteration of the worship, discipline or government of the Scottish Church as they are now established by the laws. And since we are experienced enough, we renew faith and trust in the loyalty, admirable qualities of character and prudence of the persons within written, namely James [Ogilvie] earl of Seafield high chancellor of our said kingdom, James [Douglas], duke of Queensberry keeper of our privy seal, John [Erskine], earl of Mar and Hugh [Campbell], earl of Loudoun our principal secretaries of state, John [Gordon] earl of Sutherland, James [Douglas], earl of Morton, David, earl of Wemyss, David [Melville], earl of Leven, John [Dalrymple], earl of Stair, Archibald [Primrose], earl of Rosebery, David [Boyle], earl of Glasgow our treasurer depute, Sir Archibald Campbell, brother german of the duke of Argyll, Thomas [Hay], viscount of Dupplin, William, Lord of Ross, one of the commissioners of our treasurer, Sir Hew Dalrymple, president of our college of justice, Adam Cockburn of Ormiston, our justice clerk, Sir Robert Dundas of Arniston and Master Robert Stewart of Tillicoultry, senators of the college of justice, Master Francis Montgomery, one of the commissioners of our treasury, Sir David Dalrymple, one of our solicitors, Sir Alexander Ogilvie of Forglen, our receiver general, Sir Patrick Johnston, provost of Edinburgh, Sir James Smollett of Bonhill, George Lockhart of Carnwath, William Morrison of Prestongrange, Alexander Grant of that Ilk the younger, William Seaton of Pitmedden the younger, John Clerk of Penicuik the younger, Hugh Montgomery, recent provost of Glasgow, Daniel Stewart, brother german of the baron of Castlemilk, and Daniel Campbell of Ardentinny. Know therefore that we have nominated, constituted, and ordained, just as by the tenor of these present we nominate, constitute, and ordain the mentioned persons commissioners for the said kingdom of Scotland to the effect foresaid, by giving and granting to them or nine of them, whom we appoint for a quorum (as we say), full power, commission, and authority of congregating and convening with such commissioners to be strengthened by the authority of the parliament of England or with a sufficient number of them (commonly a quorum) at our City of Westminster on the sixteenth day of the month of April next to come, and of transacting at the time and place foresaid about a union of the said kingdoms of Scotland and England and about whatever other businesses, causes, and matters which (early deliberation having been held of the major part of the said commissioners congregated as is said before, along with commissioners fortified by the authority of the English parliament, according to the tenor of their commissions to this effect) the said commissioners will judge necessary and convenient for our honour and profit and for the mutual good of each kingdom in perpetuity. With power to the said commissioners and to a sufficient number of them (commonly a quorum as they say) from time in time of congregating and meeting, with or without continuation, and of proceeding in all whatsoever matters granted and committed by the presents or the said act of parliament to their care, according to their office and judgement, by ordering and requiring the said commissioners to keep care that all their own acts and deeds in the foregoing should be duly rendered and digested in three separate writings or instruments, to be subscribed, sealed, and prepared by them in such a way that they may be shown to us and the parliaments of each kingdom, in the way established and required by the said act. By declaring in every way by the presents, that it will not be allowed to the said commissioners to transact in any way about the alteration of the worship, discipline or government of the Scottish Church, as now established by the laws. And also by declaring no businesses or matters to be transacted, proposed, or concluded by the said commissioners by virtue of the present commission to become of any force or effect whatsoever, until they will have been confirmed and established formerly by the authority and act of parliament of the said ancient kingdom of Scotland. By reserving to us full power and authority of continuing the present commissioners to whatever place and how often it will have seemed fitting to us by the writing signed by our royal hand or a letter directed to them, notwithstanding power to themselves of continuing at such times and to such places that will have seemed to themselves granted to them by the presents. In testimony whereof, we have commanded our great seal to be appended to the presents. At our court of Kensington on 27 February 1706, 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 t9 March 1706 . Sic Subscribitur Charles Kerr. Sealed at Edinburgh 9 March 1706 Sic Subscribitur Alexander Ogilvie.

1. NRS, PC1/53, 458-9.

2. *ne* is written as superscript with a caret mark beneath.

3. Sic. *Recte* ‘personis’.

4. Sic.

5. Sic.

6. Sic.

7. Sic.

8. *li* is written as superscript with a caret mark beneath.

9. Sic.

10. Sic.

1. NRS, PC1/53, 458-9.

Procedure, 20 March 1706, Edinburgh

Att Edinburgh the Twentieth day of March Jaj vijc and six years. Councell Called extraordinary

A1706/3/271

Procedure

Commission To David Earle of Weemes to be Lord high Admirall of Scotland

Commission under the great Seall In favours of David Earle of Weemes to be Lord high Admirall of Scotland and Isles thereto belonging being read was ordered to be recorded, who being present did receive the Same from the Lord president upon his knee as use is, and then the Lord Advocat declaired that tho the Earle of Weemes his Commission was Generall, according to the usuall Style, yet his lordship understood that it contained all the powers and priviledges in use to be exerced by the high Admiralls of Scotland, or the late Commissioners of Admiralitie, And that therefore the Captains of the Friggots wer to depend on him as high Admirall, And that in this and all other things his lordship would be carefull to acquyte himselfe faithfullie of his trust to the Satisfaction of the Lords of Counsell, which he desyred might be marked in the Minuts.
Anna dei Gratia Magnae Brittaniae, Franciae et Hyberniae Regina, fideique defensor, Omnibus probis hominibus ad quos praesentes litterae nostrae pervenerint, Salutem Quandoquidem nos considerantes officium Supremi Admiralitatis antiqui Regni nostri Scotiae et Insularum ejusdem in manibus nostris, et ad nostram donationem existere, Nosque etiam serio perpendentes egregiam fortitudinem et prudentiam, Insignem itidem fidelitatem aliasque preclares animii2 dotes ad munus illud et officium necessarias, Fidelissimi et dilectissimi nostri consanguinei et Conciliarii Davidis Comitis de Weemes, Ob praedictas igitur et plurimas alias res et considerationes Satis momentosas Noveritis nos Nominasse, fecisse, Constituisse et Ordinasse, Sicuti nos tenore praesentium Nominamus, facimus, constituimus et ordinamus eundem fidelissimum et dilectissimum nostrum consanguimeum3 et Conciliarium David Comitem de Weemes (durante nostro beneplacito Solummodo) Supremum Admirallum dicti Regni nostri Scotiae, et Insularum ejusdem, Dando, Concedendo et Disponendo, Sicuti nos tenore praesentium Damus, concedimus et disponimus dicto Davide Comite de Weemes (durante Spatio antedicto) praedictum officium Summi Admiralli, Cum universis honoribus, dignitatibus, Jurisdictionibus, libertatibus, privilegiis, Immunitatibus, feodis, Casualitatibus, proficuis et divoriis quibuscunque eo Spectantibus, Similiter adeoque plenere et libere in quovis respectu quam quivis ex ejus praedecessoribus in dicto officio Secundum leges praedicti Regni fecerat seu facere poterat, Excepta ex hac nostra Commissione Admiralitatis Insularum Orcadum et Zetlandiae, ad quam Magister Robertus Douglas frater Comitis de Mortoun et Dominus Archibaldus Steuart de Burray Jus habent, durante nostro beneplacito solummodo, Declarando omnimodo hanc nostram Commissionem absque praejudicio esse cujusvis Juris Argatheliae Dux habere potest, tanquam Admirallus pro qualibet parte dicti regni nostri aut Insulis eo spectantibus; In cujus rei testimonium Praesentibus magnum Sigillum nostrum appendi Mandavimus Apud Aulam nostram de St James’s Septimo die mensae4 Martii Anno domini Millesimo Septingentesimo Sexto et anno Regni nostri quarto, Per Signaturam manu S . D. N . Reginae Suprascriptam. Wrytten to the great Seall and registrat the nynteinth day of March 1706 Sic Subscribitur Charles Kerr .Sealed at Edinburgh the nynteinth day of March 1706. In absence of Sir Alexander Ogilvie of Forglen Sic Subscribitur John Steuart deput.

At Edinburgh 20 March. Council called extraordinarily

A1706/3/271

Procedure

Commission to David earl of Wemyss to be lord high admiral of Scotland

Commission under the great deal in favour of David earl of Wemyss to be lord high admiral of Scotland and isles thereto belonging being read was ordered to be recorded, who being present did receive the same from [James Graham, marquis of Montrose] the lord president upon his knee as use is, and then [Sir James Stewart of Goodtrees] the lord advocate declared that though the earl of Wemyss his commission was general, according to the usual style, yet his lordship understood that it contained all the powers and privileges in use to be exercised by the high admirals of Scotland, or the late commissioners of admiralty, and that therefore the captains of the frigates were to depend on him as high admiral, and that in this and all other things his lordship would be careful to acquit himself faithfully of his trust to the satisfaction of the lords of council, which he desired might be marked in the minutes.
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 that the office of high admiral of our ancient kingdom of Scotland and the isles of the same exists in our hands and to our donation, and we also weighing in earnest the admirable fortitude and prudence, likewise the distinguished fidelity and other remarkable qualities of character, necessary to that duty and office, of our most faithful and dearest kinsman and councillor David, earl of Wemyss; therefore, on account of the foresaid and many other things and considerations momentary enough, know that we have nominated, made, constituted, and ordained, just as by the tenor of these present we nominate, make, constitute, and ordain our same most loyal and dearest kinsman and councillor David, earl of Wemyss (during our pleasure only) high admiral of our said kingdom of Scotland and of its isles. By giving, granting, and assigning, just as by the tenor of these present we give, grant, and assign to the said David, earl of Wemyss (during the aforesaid interval) the foresaid office of high admiral, with all honours, dignities, jurisdictions, liberties, privileges, immunities, fees, casualties, profits, and service dues whatsoever pertaining to it, similarly and so fully and freely in whatever respect as any of his predecessors in the said office had done according to the laws of the foresaid kingdom or was able to do, with the exception from this our commission of the admiralty of the islands of Orkney and Shetland, to which Master Robert Douglas, brother of [James Douglas], earl of Morton, and Sir Archibald Stewart of Burray hold the right, during our pleasure only. By declaring in every way this our commission to be without prejudice of any right [John Campbell] the duke of Argyll can have, as admiral for whatever part of our said kingdom or the Isles pertaining to it. In testimony whereof, we have ordered our great seal to be appended to the presents. At our court of St James’s on 7 March 1706, 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 19 March 1706 Sic Subscribitur Charles Kerr. Sealed at Edinburgh 19 March 1706. In absence of Sir Alexander Ogilvie of Forglen Sic Subscribitur John Stewart depute.

1. NRS, PC1/53, 457-8.

2. Sic.

3. Sic.

4. Sic.

1. NRS, PC1/53, 457-8.

Letter: royal, 20 March 1706, Edinburgh

Att Edinburgh the Twentieth day of March Jaj vijc and six years. Councell Called extraordinary

A1706/3/261

Letter: royal

Letter from the Queen adding Severall persons to the Councell

Letter from the Queens Majestie to the Councell for adding severall persons to the Counsell, being read the samen was ordered to be recorded, and David Earle of Weemes, James Viscount of Primrose, Patrick Lord Pollwarth, the Lords Torphichen and Elibank, Sir Gilbert Elliot of Minto, one of the Senators of the Colledge of Justice, William Morieson of Prestongrange, and Livetennant Collonell John Erskine deputy Governour of Stirling Castell being present, did qualifie themselves to her Majestie by Swearing the oath of alleadgance, and Subscribeing the Same with the assureance, and the Lord Marques of Montrose president of Councell did tender to their lordships the oath de fideli, and thereafter ther lordships took their places at the Board accordingly. Followes the tenor of her Majesties letter.
Sic Suprascribitur
Anne Regina
Right trustie and right well beloved Cousine and Councellor, Right trustie and intyrely beloved Cousins 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 loyaltie and abilities of the persons afternamed viz Alexander Earle of Elglintoun, David Earle of Weemes, Thomas Viscount of Dupline, John Viscount of Garnock, James Viscount of Primrose, […] Lord Inverury, Patrick Lord Pollwarth, James Lord Carmichaell, […] Lord Torphichen, […] Lord Craustoun, […] Lord Rae, […] Lord Elibank, Sir Archbald Hope of Rankeillor, one of the Senators of the Colledge of Justice, Mr Rot Steuart of Tilliecultrie, and Sir Gilbert Elliot of Minto, Senators aforsaid, Sir Robert Sinclar of Steivinsone, Sir Hary James of that Ilk younger, Archbald Douglas of Cavers, William Morieson of Prestongrange, Alexander Grant of that Ilk younger, and Livetennant Collonell John Erskine deputy Governour of Stirling Castell; Wee have thought fitt to add them to our privy2 Counsell of that our antient Kingdome; These are therfor to authorize and requyre yow to add and receive them into that our privie Counsell In the ordinary forme and methode In such cases accustomed, For doeing wherof this shall be your warrand, And So wee bid yow heartily fairwell; Given at our Court att Kensington the twenty eight day of February 1705/6. And of our reigne the 4th year, By her Majesties Command Sic Subscribitur Loudoun.

At Edinburgh 20 March 1706. Council called extraordinarily

A1706/3/261

Letter: royal

Letter from the queen adding several persons to the council

Letter from the queen’s majesty to the council for adding several persons to the council being read, the same was ordered to be recorded, and David earl of Wemyss, James viscount of Primrose, Patrick Lord Polwarth, [James Sandilands] lord Torphichen, [Alexander Murray] lord Elibank, Sir Gilbert Elliot of Minto, one of the senators of the college of justice, William Morrison of Prestongrange, and Lieutenant Colonel John Erskine, deputy governor of Stirling Castel, being present, did qualify themselves to her majesty by swearing the oath of allegiance and subscribing the same with the assurance, and the lord [James Graham] marquis of Montrose, president of council, did tender to their lordships the oath de fideli, and thereafter their lordships took their places at the board accordingly. Follows the tenor of her Majesties letter.
Sic Suprascribitur
Anne Regina
Right trusty and right well beloved cousin and councillor, 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 you well. Whereas in consideration of the loyalty and abilities of the persons after named viz Alexander [Montgomerie] earl of Eglinton, David earl of Wemyss, Thomas [Hay] viscount of Dupplin, John [Lindsay] viscount of Garnock, James viscount of Primrose, [William Keith] Lord Inverurie, Patrick Lord Polwarth, James Lord Carmichael, [James Sandilands] Lord Torphichen, [William] Lord Cranstoun, [George Mackay] Lord Raey, [Alexander Murray] Lord Elibank, Sir Archibald Hope of Rankeillor, one of the senators of the college of justice, Mr Robert Stewart of Tillicoultry, and Sir Gilbert Elliot of Minto, senators aforesaid, Sir Robert Sinclair of Stevenson, Sir Harry James of that Ilk younger, Archibald Douglas of Cavers, William Morrison of Prestongrange, Alexander Grant of that Ilk younger, and Lieutenant Colonel John Erskine, deputy governor of Stirling Castle, we have thought fit to add them to our privy council of that our ancient kingdom. These are therefor to authorise and require you to add and receive them into that our privy council in the ordinary form and method in such cases accustomed, for doing whereof this shall be your warrant. And so we bid you heartily farewell. Given at our court at Kensington 28 February 1705/6, and of our reign the fourth year. By her Majesties command Sic Subscribitur Loudoun.

1. NRS, PC1/53, 457.

2. Insertion.

1. NRS, PC1/53, 457.