Tag Archives: acta

Act, 8 September 1705, Edinburgh

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Att Holyrudehouse the Eight day of September Jaj vijc and fyve years

A1705/9/51

Act

Passport to Captain Godett

Mitchell Godett Captain of the French privateer taken by Captain Matthew Campbell Comander of her Majesties Ship the Dumbarton Castell, haveing represented to his Grace her Majesties high Commissioner and Lords of her Majesties Privie Councell that he with nyne of his men being by former ordinance of Councell Appoynted to be continued in prisone ay and whill John Adams master, Patrick Mudie, John Carr, John Mckenzie, James Shearer, William Ritchie, Robert Crone, Archbald Millar, William Rodger and Matthew Scott all Scots men now prisoners in Duinan in France, be sett at liberty, and have a Sufficient and valide passport to returne home without trouble or molestatione And that the Same Should be notified to the Councell; And the said Captain being desyreous to returne to France in order to procure the more Speedy liberty and releasment to the foirnamed persons; and haveing given his paroll of honor to her Majesties high Commissioner that he Shall either procure the releasment and liberty of the foirnamed persons and that the Samen Shall be notified to his Grace and the Councell within three moneths hence or otherwayes that he shall returne to Scotland, and reenter himselfe to prison His Grace and the Saids Lords having considered the Samen They heirby Permitt and allow the said Captain Mitchell Godett to returne to France without trouble or molestation for the end forsaid, And discharges all persons to trouble or mollest him in his voyage thither, And appoynts the Cashet of the privie Councell of Scotland to be appended, and the Clerks to give out extract heirof accordingly.

At Holyroodhouse 8 September 1705

A1705/9/51

Act

Passport to Captain Godett

Mitchell Godett, captain of the French privateer taken by Captain Matthew Campbell, commander of her majesty’s ship the Dumbarton Castle, having represented to his grace [John Campbell, duke of Argyll] her majesty’s high commissioner and lords of her majesty’s privy council that he with nine of his men being by former ordinance of council appointed to be continued in prison until John Adams master, Patrick Mudie, John Carr, John Mckenzie, James Shearer, William Ritchie, Robert Crone, Archibald Millar, William Rodger, and Matthew Scott, all Scotsmen now prisoners in Dinan in France, be set at liberty, and have a sufficient and valid passport to return home without trouble or molestation, and that the same should be notified to the council. And the said Captain being desirous to return to France in order to procure the more speedy liberty and release of the forenamed persons, and having given his parole of honour to her majesty’s high commissioner that he shall either procure the release and liberty of the forenamed persons, and that the same shall be notified to his grace and the council within three months hence, or otherwise that he shall return to Scotland, and re-enter himself to prison, his grace and the said lords, having considered the same, they hereby permit and allow the said Captain Mitchell Godett to return to France without trouble or molestation for the end foresaid, and discharges all persons to trouble or molest him in his voyage thither. And appoint the seal of the privy council of Scotland to be appended, and the clerks to give out extract hereof accordingly.

1. NRS, PC1/53, 421-2.

1. NRS, PC1/53, 421-2.

Sederunt, 8 September 1705, Edinburgh

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Att Holyrudehouse the Eight day of September Jaj vijc and fyve years1

A1705/9/42

Sederunt

His Grace her Majesties high Commissioner; Lord Chancellor; Duke of Queensberrie p.s.; Marquis of Lothian; Earl of Mortoun; Earl of Ballcarras; Earl of Glasgow; Earl of Hopetoun; Lord Archibald Campbell; Lord Forbes; Mr Fr. Montgomrie

At Holyroodhouse 8 September 17051

A1705/9/42

Sederunt

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner; [James Ogilvie, earl of Seafield] lord chancellor; [James Douglas] duke of Queensberry privy seal; [William Kerr] marquis of Lothian; [James Douglas] earl of Morton; [Colin Lindsay] earl of Balcarres; [David Boyle] earl of Glasgow; [Charles Hope] earl of Hopetoun; Lord Archibald Campbell; [William] Lord Forbes; Mr Francis Montgomerie

1. NRS, PC1/53, 421.

2. NRS, PC1/53, 421.

1. NRS, PC1/53, 421.

2. NRS, PC1/53, 421.

Order, 5 September 1705, Edinburgh

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Att Holy-ruidehouse the fyfth day of September Jaj vijc and fyve yeirs

A1705/9/31

Order

Order to the Magistrats of Cannongat and Leith to delyver French prisoners to Captain Gordon

His Grace her Majesties high Commissioner, and Lords of her Majesties Privie Councell Doe heirby appoynt and Ordaine the haill French prisoners who are lying in the Tollbooths of Cannongat and Leith (Except the master and nyne of his men, who are to continue in prisone ay and whill Sir John Shaws men that are prisoners in France be sett at liberty, and have a Sufficient and valide passport to returne home, And that the same be notified to the Privie Councell, And als except La Grandure and Le Peine two of the saids prisoners who by former ordinance of Councell are appoynted to be Sett at liberty) To be Shiped aboard of […] Taitt his Shipe Lying at Leith to be by him carried to Newcastell, And for that effect appoynts and ordains the Magistrats of Cannongat and Leith and Keepers of their Tollbooths To delyver the persons of the haill French prisoners in ther custody and Tollbooth excepting as above To Captain Thomas Gordon Commander of her Majesties friggot the Royall Mary, or to those having his orders to receive them off their hands, And putt them aboard the said shipe, and that without payment of any house dues, And appoynts and ordains the saids Magistrats to keep and detaine the saids Master and his said nyne men in their Tollbooths ay and whill further orders of Councell theranent.

At Holyroodhouse 5 September 1705

A1705/9/31

Order

Order to the magistrates of Canongate and Leith to deliver French prisoners to Captain Gordon

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner, and lords of her majesty’s privy council doe hereby appoint and ordain the whole French prisoners who are lying in the tolbooths of Canongate and Leith (except the master and none of his men, who are to continue in prison until Sir John Shaw’s men that are prisoners in France be set at liberty, and have a sufficient and valid passport to return home, and that the same be notified to the privy council, and also except La Grandure and Le Peine, two of the said prisoners who by former ordinance of council are appointed to be set at liberty) to be shipped aboard of […] Taitt his ship lying at Leith, to be by him carried to Newcastle, and for that effect appoint and ordain the magistrates of Canongate and Leith and keepers of their tolbooths to deliver the persons of the whole French prisoners in their custody and tolbooth, excepting as above, to Captain Thomas Gordon, commander of her majesty’s frigate the Royal Mary, or to those having his orders to receive them of their hands, and put them aboard the said ship, and that without payment of any house dues, and appoint and ordain the said magistrates to keep and detain the said master and his said nine men in their tolbooths until further orders of council therein.

1. NRS, PC1/53, 421.

1. NRS, PC1/53, 421.

Order, 5 September 1705, Edinburgh

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Att Holy-ruidehouse the fyfth day of September Jaj vijc and fyve yeirs

A1705/9/21

Order

Sailling orders to Captain Gordon

His Grace her Majesties high Commissioner, and Lords of her Majesties privie Councell Doe heirby Command and ordaine Captain Thomas Gordon Commander of her Majesties friggot the Royall Mary to saill furth with and with all speed wind and weather Serving from Leith to Newcastell, and to take under his Convoy the Ship belonging to […] Tait hyred by the Lords Commissioners of her Majesties Theasaury for transporting and carrieing the French prisoners, for present in the Tollbooths of Cannongat and Leith, and ther and at the said port to delyver the saids prisoners to the Lord Mayor of Newcastle, or to any other persone or persons haveing her Majesties warrand for receiving of them; And upon the Said Captain Gordons arryveall ther His Grace and the saids Lords Doe heirby appoynt and ordaine to intimat these his orders to the said Lord Mayor and Aldermen of Newcastle, or any others haveing orders and warrand for receiving the saids prisoners; And his Grace and the saids Lords Doe heirby appoynt and ordaine the said Captain Gordon to returne from Newcastell to the mouth of Forth, And to bring under his Convoy Such Scots Ships, as are home-ward bound ther, and conduct them Safe within the Island May; And therafter appoynts and ordains him to prosecute his Cruise Northward, and call at all the harbours and Seaport towns for Ships bound to Leith, and receive them wnder his Convoy thither.

At Holyroodhouse 5 September 1705

A1705/9/21

Order

Sailing orders to Captain Gordon

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner and lords of her majesty’s privy council do hereby command and ordain Captain Thomas Gordon, commander of her majesty’s frigate the Royal Mary to sail forthwith and with all speed, wind and weather serving, from Leith to Newcastle, and to take under his convoy the ship belonging to […] Tait hired by the lord commissioners of her majesty’s treasury for transporting and carrying the French prisoners, for present in the tolbooths of Canongate and Leith, and there and at the said port to deliver the said prisoners to the lord mayor of Newcastle, or to any other person or persons having her majesty’s warrant for receiving of them. And upon the said Captain Gordon’s arrival there, his grace and the said lords doe hereby appoint and ordain [him] to intimate these his orders to the said lord mayor and aldermen of Newcastle, or any others having orders and warrant for receiving the said prisoners. And his grace and the said lords do hereby appoint and ordain the said Captain Gordon to return from Newcastle to the mouth of Forth, and to bring under his convoy such Scots ships as are homeward bound there, and conduct them safe within the Ise of May. And thereafter appoint and ordain him to prosecute his cruise northward, and call at all the harbours and seaport towns for ships bound to Leith, and receive them under his convoy thither.

1. NRS, PC1/53, 421.

1. NRS, PC1/53, 421.

Sederunt, 5 September 1705, Edinburgh

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Att Holy-ruidehouse the fyfth day of September Jaj vijc and fyve yeirs1

A1705/9/12

Sederunt

His Grace her Majesties high Commissioner; Lord Chancellor; Duke of Queensberrie P.S.; Marquis of Annandale S.; Earl of Loudoun S.; Earl of Ballcarras; Earl of Stair; Earl of Glasgow; Lord Archibald Campbell; Lord Register

At Holyroodhouse 5 September 17051

A1705/9/12

Sederunt

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner; [James Ogilvie, earl of Seafield] lord chancellor; [James Douglas] duke of Queensberry privy seal; [William Johnston] marquis of Annandale secretary; [Hugh Campbell] earl of Loudoun secretary; [Colin Lindsay] earl of Balcarres; [John Dalrymple] earl of Stair; [David Boyle] earl of Glasgow; Lord Archibald Campbell; [Sir James Murray of Philiphaugh] lord register

1. NRS, PC1/53, 420.

2. NRS, PC1/53, 420.

1. NRS, PC1/53, 420.

2. NRS, PC1/53, 420.

Act, 25 August 1705, Edinburgh

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Att Holy-rude-house the Twentie fyfth day of August Jaj vijc and fyve years

A1705/8/111

Act

Act Prorogating James Drysdales banishment

Anent the Supplication Given in and presented to the Lords of her Majesties privie Councell By James Drysdale Meall-maker in Gilmertoun, Shewing that the Supplicant had the misfortoun after a long imprisonement to be tryed befor the Lords of Justiciary for a Cryme, which he heartily detested, And wherof he was innocent; But ther lordships upon Some presumptions adduced wer pleased to pronounce Sentence of banishment against them, and he was to find Caution for that effect, Upon a representation made by my Lord Advocat the twenty Sixt of June last, The petitioner was ordained by his Grace and ther lordships to be sett at liberty upon his enacting himselfe in the Councell books to depairt the kingdome, And the day being now elapsed, The petitioner humbly begged leave to lay his hard Circumstances befor ther lordships; The petitioner had a wyfe, and a numerous family; By long confynement the small stock he had scraped together, was quyte exhausted, He had nothing but his trade to Support and keep them from Starving, And it was Such as could not be followed in another Countrey; So that if the Said Sentance Should take effect his wyfe and children must goe a begging, The petitioner had Lived honestly and his reputation was Spotles and intire befor the Said Scandall was malitiously broached against him, And Seeing the cryme he was accused for was not proven, And that ther lordships are in use to mitigat and alter the Sentences of that Court, Craving therfor It might please his Grace and ther lordships to take the petitioners deplorable case to consideration And in commiseration therof to take off this Sentance of Banishment, And allow the petitioners to Stay at home, which would be ane act of Christian Charity and compassion And would Save the poor Supplicant, and his distressed family from utter ruine As the said petitione bears, His Grace her Majesties high Commissioner, and Lords of her Majesties Privie Councell haveing considered the petition given in to them By James Drysdale Meall maker in Gilmertoun, and the Samen being read in ther presence, His Grace and the saids Lords have prorogat and heirby prorogats the tyme of the petitioners depairture and banishment furth of the Kingdome untill the first day of November nixt to come, And in the mean tyme appoynts him to inact himselfe in the books of privie Councell that he Shall depairt furth of the kingdome betwixt and the said day, and obtemper the Sentance of the Lords Commissioners of her Majesties Justiciary pronounced against him theranent Sic Subscribitur Argyll Commissioner. Seafeild Cancellar. Queensberrie C.P.S. Annandale S. Loudoun S. Montrose. Northesk. Ballcarras. James Murray.

At Holyroodhouse 25 August 1705

A1705/8/111

Act

Act proroguing James Drysdale’s banishment

Concerning the supplication given in and presented to the lords of her majesty’s privy council by James Drysdale, meal-maker in Gilmerton, showing that the supplicant had the misfortune after a long imprisonment to be tried before the lords of justiciary for a cryme, which he heartily detested, and whereof he was innocent. But their lordships upon some presumptions adduced were pleased to pronounce sentence of banishment against them, and he was to find caution for that effect. Upon a representation made by [Sir James Stewart of Goodtrees] my lord advocate [on] 26 June last, the petitioner was ordained by his grace [John Campbell, duke of Argyll] and their lordships to be set at liberty upon his enacting himself in the council books to depart the kingdom, and the day being now elapsed, the petitioner humbly begged leave to lay his hard circumstances before their lordships. The petitioner had a wife, and a numerous family. By long confinement, the small stock he had scraped together was quite exhausted. He had nothing but his trade to support and keep them from starving, and it was such as could not be followed in another country, so that if the said sentence should take effect, his wife and children must go a begging. The petitioner had lived honestly and his reputation was spotless and entire before the said scandal was maliciously broached against him. And seeing the crime he was accused for was not proven, and that their lordships are in use to mitigate and alter the sentences of that court, craving therefor it might please his grace and their lordships to take the petitioner’s deplorable case to consideration, and in commiseration thereof to take off this sentence of banishment, and allow the petitioners to stay at home, which would be an act of Christian charity and compassion, and would save the poor supplicant and his distressed family from utter ruin, as the said petition bears. His grace her majesty’s high commissioner and lords of her majesty’s privy council having considered the petition given in to them by James Drysdale, meal-maker in Gilmerton, and the same being read in their presence, his grace and the said lords have prorogued and hereby prorogue the time of the petitioner’s departure and banishment forth of the kingdom until 1 November next to come. And in the meantime appoint him to enact himself in the books of privy council that he shall depart forth of the kingdom between [now] and the said day, and obey the sentence of the lord commissioners of her majesty’s justiciary pronounced against him therein. Sic Subscribitur Argyll commissioner; Seafield chancellor; Queensberry privy seal; Annandale secretary; Loudoun secretary; Montrose; Northesk; Balcarres; James Murray.

1. NRS, PC1/53, 420.

1. NRS, PC1/53, 420.

Order, 25 August 1705, Edinburgh

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Att Holy-rude-house the Twentie fyfth day of August Jaj vijc and fyve years

A1705/8/101

Order

[Order to deliver up papers of George Maxwell of Orchardtoun]

His Grace her Majesties high Commissioner, and the Lords of her Majesties Privie Councell being informed that the Lord Minto hes in his custody two Seall bonds belonging to Sir George Maxwell of Orchardtoun, with some other papers belonging to him, His Grace and the Saids Lords Doe heirby Appoynt and Ordaine the Lord Minto formerly Clerk of Councell to delyver up the Saids two bonds and any other papers in his custody belonging to the said Sir George, Upon the Said Sir George his granting a recept therof to the said Lord Minto, And giveing to his lordship ane extract heirof, which Shall be to him and all concerned a Sufficient warrant.

At Holyroodhouse 25 August 1705

A1705/8/101

Order

[Order to deliver up papers of George Maxwell of Orchardtoun]

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner and the lords of her majesty’s privy council, being informed that [Sir Gilbert Elliot] the Lord Minto has in his custody two seal bonds belonging to Sir George Maxwell of Orchardtoun, with some other papers belonging to him, his grace and the said lords do hereby appoint and ordain the Lord Minto, formerly clerk of council, to deliver up the said two bonds and any other papers in his custody belonging to the said Sir George, upon the said Sir George his granting a receipt thereof to the said Lord Minto, and giving to his lordship an extract hereof, which shall be to him and all concerned a sufficient warrant.

1. NRS, PC1/53, 420.

1. NRS, PC1/53, 420.

Warrant, 25 August 1705, Edinburgh

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Att Holy-rude-house the Twentie fyfth day of August Jaj vijc and fyve years

A1705/8/91

Warrant

Warrant to two French prisoners to Stay in Scotland

The Marques of Montrose haveing represented to his Grace her Majesties high Commissioner, and Lords of her Majesties Privie Councell that La Grandieur and Le Pein Two of the French prisoners that are protestants, taken by Captain Matthew Campbell are willing and weell Satisfied to continue in this kingdome, and follow ther respective Imployments, being both tradsmen, His Grace and the Saids Lords Doe heirby allow the Samen, And for that effect Gives order and warrant to the Magistrats of […] in whose prisons they are at present to Sett them at liberty, And discharges all persons whatsomever to trouble or molest them in tyme comeing from goeing about ther lawfull Imployments, They behaveing themselves civilly and honestly as becomes.

At Holyroodhouse 25 August 1705

A1705/8/91

Warrant

Warrant to two French prisoners to stay in Scotland

[James Graham] the marquis of Montrose, having represented to his grace [John Campbell, duke of Argyll] her majesty’s high commissioner and lords of her majesty’s privy council that La Grandieur and Le Pein, two of the French prisoners that are Protestants, taken by Captain Matthew Campbell, are willing and well satisfied to continue in this kingdom, and follow their respective employments, being both tradesmen, his grace and the said lords do hereby allow the same. And for that effect give order and warrant to the magistrates of […], in whose prisons they are at present, to set them at liberty, and discharge all persons whatsoever to trouble or molest them in time coming from going about their lawful employments, they behaving themselves civilly and honestly as becomes.

1. NRS, PC1/53, 419.

1. NRS, PC1/53, 419.

Warrant, 25 August 1705, Edinburgh

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Att Holy-rude-house the Twentie fyfth day of August Jaj vijc and fyve years

A1705/8/81

Warrant

Warrant to give ane extract of the Earle of Roxburghs letter To the Duke of Gordon

His Grace her Majesties high Commissioner, and the Lords of her Majesties Privie Councell Doe heirby appoynt and ordaine and give order and warrand to Sir Robert Forbes their Clerk to delyver to the Duke of Gordon ane extract of the Letter Sent by the Earle of Roxburgh Secretary of State to the Marques of Tweedale then Chancellar anent Fort William, the Burgh of Barronie therto belonging, and the ground wheron the Samen Stands dated the […] day of […] Jaj vijc and fyve, For which, this Shall be to him, and all concerned ane Sufficient warrand.

At Holyroodhouse 25 August 1705

A1705/8/81

Warrant

Warrant to give an extract of the earl of Roxburghe’s letter to the duke of Gordon

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner and the lords of her majesty’s privy council do hereby appoint and ordain and give order and warrant to Sir Robert Forbes, their clerk, to deliver to [George Gordon] the Duke of Gordon an extract of the letter sent by the [John Ker] earl of Roxburghe, secretary of state, to [John Hay] the marquis of Tweeddale, then chancellor, concerning Fort William, the burgh of barony thereto belonging, and the ground whereon the same stands dated the […] day of […] 1705, for which this shall be to him and all concerned a sufficient warrant.

1. NRS, PC1/53, 419.

1. NRS, PC1/53, 419.

Letter: royal, 25 August 1705, Edinburgh

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Att Holy-rude-house the Twentie fyfth day of August Jaj vijc and fyve years

A1705/8/71

Letter: royal

Letter from the Councell to the Queen

May it please your Majestie
wheras for mantaining the good wnderstanding that is betwixt yor Majestie and your allies The Estates Generall of the United Provinces, It is mutuallie aggreed betwixt your Majestie and them, That ther be no Seasurs or confiscations made, of any Ships of either Nation tradeing to France or Spain or ther dominions Notwithstanding of the present warr; Such Ships haveing passes for that end from their respective Soveraigns, wherby ther appears to be a free trade opened to France or Spain or ther dominions to all yor Majesties Subjects of this kingdome; and ther Ships haveing proper passes for that end, which haveing moved your Majesties good2 Subjects Merchants and other traders within this your antient kingdome to apply to ws that they may have the benefite of the said open trade, And the passes necessary for that effect; Wee doe with all Submission lay ther petition befor yor Majestie humbly intreating that yor Majestie would be pleased to grant Such passes to the Ships belonging to yor Subjects of this Kingdome tradeing to France or Spain or their dominions, with Such other orders as may be necessary for ther enjoying the benefite of the said free trade in the readiest and easiest manner: Wee must also take leave to acquant yor Majestie that ther Some of Subjects of this kingdome lately taken by the French, and made prisoners at Dinan near to Sauctettaloers, whose names are transmitted to the Secretary deput, And that ther are also a great number of French prisoners with ws; wherfor wee humbly crave yor Majesties leave and allowance that wee may Send to France upon due assureances Such French prisoners as wee Gave in exchange, and for liberation of yor said good Subjects, and with Such pases as may best effectuat the Same, and for Such of these French prisoners as Shall remaine they Shall be Sent to Newcastell Conforme to yor Majesties former order; Wee are, May it please yor Majestie, Your Majesties most dutifull, most loyall and most obedient Subjects and Servants Sic Subscribitur Argyll Commissioner. Seafield Cancellar. Queensberrie p.S. Annandale S. Montrose, Lothian. Mortoun. Hadingtoun. Northesk. Ballcarras. Hew Dalrymple.

At Holyroodhouse 25 August 1705

A1705/8/71

Letter: royal

Letter from the council to the queen

May it please your majesty
Whereas for maintaining the good understanding that is between your majesty and your allies the Estates General of the United Provinces, it is mutually agreed between your majesty and them, that there be no seizure or confiscations made of any ships of either nation trading to France or Spain or their dominions notwithstanding of the present war, such ships having passes for that end from their respective sovereigns, whereby there appears to be a free trade opened to France or Spain or their dominions to all your majesty’s subjects of this kingdom, and their ships having proper passes for that end, which having moved your majesty’s good subjects, merchants and other traders within this your ancient kingdom, to apply to us that they may have the benefit of the said open trade, and the passes necessary for that effect; We do with all submission lay their petition before your majesty, humbly intreating that your majesty would be pleased to grant such passes to the ships belonging to your subjects of this kingdom trading to France or Spain or their dominions, with such other orders as may be necessary for their enjoying the benefit of the said free trade in the readiest and easiest manner. We must also take leave to acquaint your majesty that some subjects of this kingdom [are] lately taken by the French, and made prisoners at Dinan near to Sauctettaloers, whose names are transmitted to [Sir David Nairne] the secretary depute, and that there are also a great number of French prisoners with us, wherefor we humbly crave your majesty’s leave and allowance that we may send to France upon due assurances such French prisoners as we gave in exchange, and for liberation of your said good subjects, and with such passes as may best effectuate the same, and for such of these French prisoners as shall remain, they shall be sent to Newcastle conform to your majesty’s former order. We are, may it please your majesty, your majesty’s most dutiful, most loyal, and most obedient subjects and servants Sic Subscribitur Argyll commissioner; Seafield chancellor; Queensberry privy seal; Annandale secretary; Montrose; Lothian; Morton; Haddington; Northesk; Balcarres; Hew Dalrymple.

1. NRS, PC1/53, 419.

2. Insertion.

1. NRS, PC1/53, 419.