A1705/12/7
A1705/12/72
Sederunt
Earl of Sutherland; Earl of Buchan; Earl of Lauderdale; Earl of Findlater; Earl of Levine; Earl of Forfar; Earl of Cromartie; Earl of Roseberrie; Earl of Glasgow; Lord Haddo; Lord Advocat; Lord Ensteruther; Mr Fr: Montgomrie; Laird of Blackadder; Lord Provest of Edinburgh
1. NRS, PC1/53, 434.
2. NRS, PC1/53, 434.
1. NRS, PC1/53, 434.
2. NRS, PC1/53, 434.
A1705/12/6
A1705/12/61
Proclamation
Anne by the Grace of God Queen of Great Brittaine; France and Irland defender of the faith To […] Meacers of our privie Councell Messengers at armes our Shirreffs in that pairt Conjunctllie and Severallie Speciallie constitut Greeting, Forasmuchas by the severall acts of parliament the Importation of Irish victuall, and Irish horse, Kyne, and other Irish Cattell whatsomever, and all kind of Irish beeff, are Severaly prohibite wnder the pains therinmentioned to the great benefite and advantage of this kingdome, For which cause and for preventing all abuses contrary to the saids acts, and for the more exact performance and due execution therof, and the direction of all concerned, Especiallie of the Commissioners appointed by our privie Councell in the forsaid affair, Wee have thought fitt to explain and declaire the poynts following Therfore wee with advyce of the Lords of our privie Councell Doe in the first place declaire that wnder the forsaid designation of Irish kine, or other Irish cattell whatsomever, and all kind of Irish beeff, all Cattell great and Small, Sheep and others, as also all carcases or any pairt therof that may be for the food and Sustenance of man, are Comprehended, and wnderstood to be prohibite as if exprest in the saids acts, Secondly for explication of the forsaid prohibition of victuall ther is nothing to be excepted, Save that of the provision of vessells comeing from Irland, If they be Top-Saill vessells, Twentie four Stone of all victuall or graine whatsomever, with two Stone of butter and two Stone of Cheese, And of brocken beeff, mutton, pork or other flesh not exceeding the quantitie of ane herring barrell, Is only allowed, And if they be lesser vessells, Sixteen Stone of all graine or victuall whatsomever, with ane Stone and ane halfe of butter and ane Stone and ane half of Cheese, and proportionallie of flesh is only allowed, With this express declaration that no pairt of the said provision allowed, Shall be unloaded or brought on Shoar in any pairt of this realme, but Still keept aboard for the use of the saids vessells, wnder the pain in case of contravention, off the penalties and certifications contained in the saids acts Thirdly That for preventing all fraud in this matter, wnder the collour of transporting of victuall from one port or place to another in this kingdome, The provision in the act of parliament 1703. be Strictly observed viz wherby it is Statute and ordained that the transporters therof Shall bring certificats from the heretors or ther Factors, upon whose land the said victuall transported grew, testifieing the Same in the pryces, quantitie, and qualitie to be the growth therof, which certificate Shall be first Showen to the Judge ordinary of the port or place, to which the said transport is made befor the victuall be libered or unloaded, otherwayes the said victuall Shall be holden to be unlawfullie imported, And the importers, recepters, sellers, retaillers and the buyers lyable to all the pains of the said act, Lykeas the granters of the saids certificats if found to be false, or if the said Judge at the port or place to which the transport is pretended to be made Shall faillie in his duty, or anywayes connive against the true meaning of this act, they Shall be Lyable in the Same pains as if wnlawfull Importers, And Lastly Because to elide the pains appoynted by the saids acts against transgressors, wnder the degree of heretors, That they Shall be delyvered to Scots officers to be transported by them for recruits, when once discovered and convict, old men and women are often found to be imployed in the forsaid wnlarfull Import for evading of the forsaid personall punishment Therfor it is declaired that all Judges concerned are heirby authorized to punish the forsaids persons uncapable of the said personall punishment exprest in the said act, Corporallie in their bodies, If not eable to pay any fyne that may be thought Just (Lyfe and limb alewayes excepted) which explication and Intimation heirby declaired as said is, are to be observed Conforme to the forsaids acts of parliament In all poynts Our Will is Heirfore and wee charge yow strictly and Command that incontinent thir our Letters seen ye pass to the mercat cross of Edinburgh and other places needfull and therat in our name and authority, make publication heirof, that non pretend ignorance Given under our Signet att Edinburgh the Elevinth day of December, and of our reigne the fourth year 1705. Sic Subscribitur Queensberie C.P.S. Sutherland. Craufurd, Buchan Lauderdale. J Mortoun. Levine Findlater. Stair. Cromartie. Glasgow. Haddo. Hew Dalrymple W Anstruther.
1. NRS, PC1/53, 433-4.
1. NRS, PC1/53, 433-4.
A1705/12/5
A1705/12/51
Order
The proclamation explaining some clauses in the Commission granted by the Lords of her Majesties Privie Councell to Collonell Patrick Ogilvie, Sir John Shaw of Greenock and Sir Archibald Campbell of Clunies for hindering the Importation of Irish victuall Beeff, horse, Cattell, Butter, Cheese, and other prohibite goods being read, the Samen was voted, approven, Signed and appoynted to be published, printed and recorded And the saids Lords of her Majesties privie Councell for the better encouragment of the Commissioners forsaid In execution of their Said Commission, Doe heirby Recommend to the Lords Commissioners of her Majesties Theasaury To appoynt and declaire that her Majesties pairt of all fynes and penalties arysing from the contravention of the severall acts of parliament Specified in the said Commission, And falling to her Majestie by the Importers and resetters, Is to belong to the Saids Commissioners for ther own use and behooff, whoever be the first discovers of the said unlawfull and prohibite Import, And that the Saids discoverers and Seasurs make Lawfull intimation to the Saids Commissioners befor they make roup and dispose upon the Same And that the roup be alewayes made upon the Main Land, and not in any Island.
1. NRS, PC1/53, 432-3.
1. NRS, PC1/53, 432-3.
A1705/12/4
A1705/12/41
Proclamation
Anne by the Grace of God Queen of Great Brittaine, France, and Irland defender of the faith To our Lyon King at armes, and his bretheren Heraulds, Meacers of our privie Councell, Pursevants, Messengers at armes our Shirreffs in that pairt Conjunctllie and Severallie Speciallie constitut, Greeting, Forasmuch as the present State of our affairs doe not requyre the meeting of our parliament of this our antient kingdome of Scotland So Soon as the Twentieth day of december instant to which it Stands by our authority Last adjurned, wee are therfor resolved to continue the said adjurnement from the said twentieth day of december instant to the Twentie Sixth day of February nixt to come, And that the members of our said parliament may not be putt to the trouble and charges of meeting upon the said twentieth day of december instant, Wee with advyce of the Lords of our Privie Councell Have Adjurned and heirby Adjurne our said Currant parliament from the said twentieth day of december instant To the twentie Sixth day of February nixt therafter, Requyreing heirby all the members therof to attend at Edinburgh the Said day in the usuall maner, and under the accustomed certificationes as by Law appoynted Our Will is Heirfore And wee charge yow Strictly and Command that in continent thir our2 Letters Seen ye pass to the mercat cross of Edinburgh, and to the mercat crosses of the remanent head burghs of the severall Shyres and Stewartries of this our antient kingdome, And ther in our name and authority make publict Intimatione that our said parliament is adjurned to the said twentie Sixth day of February nixt to come, And ordains these presents to be printed and published, Given wnder our Signet att Edinburgh the Elevinth day of december, And of our reigne the fourth year 1705. Sic Subscribitur Queensberie C.P.S. Sutherland. Buchan. Lauderdale. Levine. Mortoun. Stair. Glasgow. Findlater. Cromartie. Haddo. Hew Dalrymple. Adam Cockburne J Maxwell.
1. NRS, PC1/53, 432.
2. Insertion.
1. NRS, PC1/53, 432.
A1705/12/3
A1705/12/31
Letter: royal
Letter from the Queens Majestie To the Councell for Adjurneing the parliament to the Twentie Sixt day of February nixt to come being read the Same was ordered to be recorded, And a proclamation in the termes therof being prepared, the Same was read, signed and appoynted to be published, printed and Recorded.
Sic Supra Scribitur
Anne Regina
Right trustie and Right well beloved Cousine and Counsellor, Right trustie and intirely beloved Cousins and Councellors, Right trustie and well beloved Councellors and trustie and well beloved Councellors, Wee greet yow well; Wheras by the last act of the Last session of2 parliament of that our kingdome, the Same was declared Currant, and adjurned to the Twentieth day of december instant; And Seeing our affairs doe not yet requyre the meeting of our said parliament So Soon, Wee therfor authorise and requyre yow To issue furth a proclamation in our name, ordering the continuance of the adjournement of our said parliament from the Said twentieth of december instant to the Twentie Sixth day of February therafter, And ordaining all the members therof to attend that day att Edinburgh in the usuall manner, and under the Certifications accustomed, For doeing wherof this Shall be your warrand, And so wee bid yow heartily fairwell Given at our Court at St James’s the 3d day of december, and of our reigne the 4th year, By her Majesties Command Sic Subscribitur Mar.
1. NRS, PC1/53, 432.
2. The phrase ‘session of’ is an insertion
1. NRS, PC1/53, 432.
A1705/12/2
A1705/12/21
Procedure
In absence of the Lord high Chancellor and Lord President of Privie Councell, The Duke of Queensberrie elected preses.
1. NRS, PC1/53, 431.
1. NRS, PC1/53, 431.
A1705/12/1
A1705/12/12
Sederunt
Duke of Queensberrie; Earl of Craufurd; Earl of Sutherland; Earl of Mortoun; Earl of Buchan; Earl of Lauderdale; Earl of Findlater; Earl of Levine; Earl of Forfar; Earl of Cromartie; Earl of Stair; Earl of Glasgow; Lord Haddo; Lord President of Session; Lord Register; Lord Justice Clerk; Lord Ensteruther; Lord Pollock; Mr Fr Montgomrie; Laird of Ormiestoun; Lord Provest of Edinburgh
1. NRS, PC1/53, 431.
2. NRS, PC1/53, 431.
1. NRS, PC1/53, 431.
2. NRS, PC1/53, 431.
A1705/11/6
A1705/11/61
Decreet
Anent the lybell and Letters of Complaint raised and persued befor the Lords of her Majesties privie Councell at the instance of Sir James Steuart her Majesties Advocat for her highness Interest in the matter wnderuryten Against Mr Arthur Millar late Incumbent at Inveresk, Mr James Strachan late Incumbent at St Phillance and Mr Andrew Bruce late Incumbent at Pittenweem, Makeing Mention That wher by the fyfth act of the parliament Jaj vic and nyntie presbyterian Church Government and discipline is Ratified and confirmed to be the discipline of Chists Church, As also by the act of parliament Jaj vic and nyntie three, It is Statute and ordained that no persone be admitted or contained for heirafter to be a Minister or preacher within this Church, unless that he haveing first taken and Subscrybed the oath of alleadgance, and Subscrybed the assureance In maner appoynted by a former Act of the said parliament, Doe also Subscrybe the confession of faith, And that he owne the doctrine therin contained, to be the true doctrine, which he will constantly adhear to, As also that he ownes the presbiterian Church government as Setled, to be the only government of this Church, and will Submitt therto, and never indavor the prejudice or Subversion therof; And Sicklyke by the Twentie Second Act of the parliament Jaj vjc nyntie fyve, It is Statute and ordained that no persone Shall intrude himselfe into any Church, or shall exercise any pairt of the Ministeriall function within any parish, without ane orderly Call from the heretors and eldership therof, And a legall Admission from the presbetrie within whose bounds it lyes; Lykeas by the Second Act of the parliament Jaj vijc and three, All the saids acts, and other Laws and Statuts for establishing presbiterian Church Government, are Ratified and approven, In the haill heads, articles and clauses therof; Nevertheless it is of verity that Mr Arthur Millar late Incumbent at Inveresk, Mr James Strachan late Incumbent at St Phillance, and Mr Andrew Bruce late Incumbent at Pittenweem, Sheaking off all regard to our Laws and authority, have of late Successive one after another, Intruded themselves into the Town and parish of St Andrews for preachers therin, and exercised all the other pairts of the ministeriall function therin as Baptiseing, marrieing and In manifast contempt of our forsaids Laws and Acts of Parliament, Notwithstanding that the Said Kirk and parish of St Andrews is duly and legally planted with two Ministers; Lykeas the forsaids persons Intruders, at least Some of them are not qualified according to Law, And farder Stand expressly depryved by acts of our privie Counsell for not reading and praying etc or are otherwayes deposed by Church Censures, And which abuse is so much the greater, that our Saids Lords of Privie Counsell did lately remove Mr Richard Waddell from the said meeting house, and Schismaticall Conventicleing within the said parish, By all which it is evident, that the saids Mr Arthur Millar, Mr James Strachan and Mr Andrew Bruce, are guilty of a manifast Intrusion and attempt against the present Setled constitution of the Church, and of high contempt of our Laws and authoritie, which being proven, They and ilk ane of them, ought to be punished with the pains of law, and effectuallie discharged to intrude into or molest the said parish, and otherwayes punished, as the Lords of our privie Counsell, Shall think fitt; As also for remead and preventing so great a disorder, The Saids Lords would be pleased to ordaine the said meeting house to be Shutt up, And to impower and order the Magistrats 2 to Burgh and landward for that effect, As also to Shutt up, or otherwayes effectuallie restraine all such other meeting houses as shall be wnwarrantably sett up or keept within the said town and parish, To the terror of others to committ the lyke in tyme comeing, And Anent the charge given to the saids defenders to have Compeared befor the saids Lords of privie Councell 3 to have answered to the said Complaint, And to have heard and Seen Such order and course taken theranent as appertains, wnder the pain of rebellion and putting them to the horne, with certefication etc As in the said Lybell and executiones therof at length is Contained, The within lybell at the instance of Sir James Steuart her Majesties advocat against Mr Arthur Millar and others being called, and the persewars Compeiring personallie, and the defenders being absent, The persewar Intimated to the Lords of her Majesties privie Counsell that the defenders haveing been with him had ingaged not to preach or exercise any pairt of the Ministeriall function within the town or parish of St Andrews, which the Councell approved of, and the saids Lords haveing considered the said lybell, and conclusion therof, They doe heirby Appoynt and ordaine the meeting house keept within the Town of St Andrews or parish therof, To be Shutt up, And appoynts and ordains the Steuart of the Steuartrie of St Andrew and his deput and the Magistrats of the said burgh of St Andrews to See and cause the said meeting house keept within the Town or parishine of St Andrews To be Shutt up, and not opened again as a meeting as they will be answerable upon ther highest perrill. And not to Sufferr or permitt any Minister to preach or exercise any pairt of the Ministeriall function therin in tyme comeing, wnder the certification forsaid, And appoynts Letters of horning wnder the Signet of Councell upon Six dayes to be direct heirupon as effeirs.
1. NRS, PC1/53, 430-1.
2. The word ‘of’ scored out here.
3. An illegible, scored-out word appears here.
1. NRS, PC1/53, 430-1.
A1705/11/5
A1705/11/51
Procedure
Earl of Craufurd elected preces
1. NRS, PC1/53, 430.
1. NRS, PC1/53, 430.
A1705/11/4
A1705/11/42
Sederunt
Earl of Crafurd; Earl of Sutherland; Earl of Hadingtoun; Earl of Lauderdale; Earl of Levine; Earl of Forfar; Earl of Glasgow; Lord Haddo; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Hallcraig; Lord Ensteruther; Lord Pollock; Mr Fr Montgomrie; Laird of Ormiestoun younger; Lord Provest of Edinburgh
1. NRS, PC1/53, 430.
2. NRS, PC1/53, 430.
1. NRS, PC1/53, 430.
2. NRS, PC1/53, 430.