Procedure, 20 March 1705, Edinburgh

Att Edinburgh the Twentieth of March Jaj vijc and fyve years

A1705/3/181

Procedure

Commissio Jacobi Comitis de Seafeild de officio Summi Cancellarii Scotiae

Commission under the great seall of this kingdome In favours of James Earle of Seafeild To be Lord high Chancellor being presented by Sir Robert Forbes one of the Clerks of Counsell, The Samen was read and ordered to be recorded, And thereafter delyvered to the Marques of Annandale by the said Sir Robert, and who delyvered the same to the Earle of Loudoun In name and in absence of the said Earle of Seafeild, and who received the Samen upon his knee as use is, wherof the tenor follows.
Anna dei Gratia Magnae Brittanniae, Franciae et Hyberniae Regina fideique defensor, Omnibus probis hominibus ad quos presentes Litterae nostrae pervenerint, Quandoquidem nos intelligentes quantum Ministerii nostri Commodo Intersit, Summae illud fiduciae Munus et officium Cancellarii nostri antiqui regni Scotiae unico cuidam fidelitate intaminata Integritate et eximiis animi dotibus Imbuto , Committere ; Cumque plurima habemus testimonia de fidelitate preclaris animi dotibus et Integritate fidelissimi et dilectissimi nostri Consanguinei et Conciliarii Jacobi Commitis2 de Seafeild tam in ejusdem Summi muneris priori sua functione quam aliorum magnae fiduciae munerum et officiorum in praedicto regno; Noveritis igitur nos nominasse, fecisse, constituisse, et ordinasse, Tenoreque praesentium Nominamus , facimus , constituimus et ordinamus eundem fidelissimum et dilectissimum nostrum Consanguineum et Consiliarium Jacobum Comitem de Seafeild (durante nostro beneplacito solummodo) Supremum dicti nostri antiqui regni Cancellarium et Solem et principalem Magni nostri Sigilli ejusdem regni Custodem, Damus pariter Concedimus et disponimus illi, durante Spatio antedicto, Idem munus et officium cum Universis honoribus dignitatibus, praecedentiis, privilegiis, feodis et pensione per quem libet ex ejus in dicto officio antecessoribus po[t]itis et gavisis, Sive quae de lege et consuetudine eo Juste Spectare dignoscentur; Et praesertim cum plenaria potestate et privilegio presidendi in omnibus Parliamentis, ordinum Conventibus , Curiis , aliisque omnibus Conventibus per nos Statutis vel Statuendis, quibus dictus noster supremus3 Cancellarius Intererit (Excepto omni modo Scaccario nostro presente Thesaurario nostro principali) omnibus pariter Subditis nostris Mandamus et Imperamus ut memoratum Jacobum Comitem de Seafeild tanquam Supremum nostrum antedicti regni Cancellarium omni quo par est honore et respectu Summo illi officio et muneri debito agnoscant prosequentur et reverentur , Secretioris etiam nostri Concilii dicti regni dominos requirimus , iisque au[c]toritatem tribuimus ut Juramentum ejus de fideli administratione in dicto munere et officio exigant, Utque itidem Juramenta fidelitatis et Securitatis aliaque Juramenta per leges Statuta ipsum dicere et Sc[r]ibere efficiant . In cujus rei Testimonium Praesentibus magnum Sigillum nostrum Appendi Mandavimus Apud Aulam nostram de St James’s Nono die mensis Martii Anno domini Millesimo , Septingentesimo quinto , et Anno regni nostro4 tertio, Per Signaturam manu S . D . N . Reginae Supra Scriptam, Wrytten to the great Seall and registrat the 14. day of March 1705 . Sic Subscribitur Charles Kerr ,Sealled at Edinburgh the fourteinth day of March 1705. Sic subscribitur John Dicksone

At Edinburgh 20 March 1705

A1705/3/181

Procedure

Commission of James, earl of Seafield concerning the office of high chancellor of Scotland

Commission under the great seal of this kingdom in favours of James [Ogilvie] earl of Seafield to be lord high chancellor being presented by Sir Robert Forbes, one of the clerks of council, the same was read and ordered to be recorded, and thereafter delivered to [William Johnston] marquis of Annandale by the said Sir Robert, and who delivered the same to [Hugh Campbell] earl of Loudoun in name and in absence of the said earl of Seafield, and who received the same upon his knee as use is, whereof the tenor 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 understanding how much it concerns the profit of our service to commit that duty and office of the greatest trust of chancellor of our ancient kingdom of Scotland to some individual with unblemished loyalty, integrity, and imbued with exceptional qualities of character, and since we have very many testimonies about the fidelity, distinguished character traits and integrity of our most faithful and loved kinsman and councillor James, earl of Seafield, as much by his prior function of that great office as of other duties and offices of great trust in the foresaid kingdom; know therefore that we have nominated, made, constituted, and ordained, and by the tenor of the presents we nominate, make, constitute, and ordain our same most faithful and dearest kinsman and councillor James, earl of Seafield (during our pleasure only) high chancellor of our said ancient kingdom and sole and principal keeper of our great seal of that kingdom. Equally, we give, grant and assign to him, during the aforesaid interval, the same duty and office with all honours, dignities, precedents, privileges, fees and pension gained and enjoyed by anyone of his predecessors in the said office, or which will be known to pertain justly to it according to law and custom, and especially with full power and privilege of presiding in all parliaments, conventions of estates, courts and all other conventions established by us or to be established, for which our said high chancellor will be present (the exception entirely for our exchequer with our principal treasurer being present). Equally, we order and command to all our subjects that they should recognise, attend, and revere the mentioned James, earl of Seafield as our high chancellor of the foresaid kingdom in all which he is equal to the honour and respect owed to that greatest office and duty. We also ask the lords of our privy council of the said kingdom and we bestow authority to them that they demand his oath of faithful administration in the said duty and office, and that likewise they make him say and subscribe the oaths of fidelity and security and the other oaths established by the laws. In testimony whereof, we have ordered our great seal to be appended to the presents. At our court of St James’s on 9 March 1705, and in the third year of our reign. By the sign manual of our supreme lady the queen above written. Written to the great seal and registers 14 March 1705. Sic Subscribitur Charles Kerr, sealed at Edinburgh 14 March 1705. Sic subscribitur John Dickson.

1. NRS, PC1/53, 374-5.

2. Sic.

3. ‘supremus’ is an insertion.

4. Sic. Recte ‘nostri’.

1. NRS, PC1/53, 374-5.

Procedure, 20 March 1705, Edinburgh

Att Edinburgh the Twentieth of March Jaj vijc and fyve years

A1705/3/171

Procedure

Commissio Joannis Ducis de Argyle pro parliamento tenendo

Commission under the great Seall of this kingdome In favours of John Duke of Argyll To be Commissioner to and represent her Majesties Sacred persone in the nixt Session of parliament being presented by Sir Gilbert Elliot Clerk, The Samen was read, and ordered to be recorded, And thereafter delyvered by the said Sir Gilbert to the Marques of Annandale president for the tyme, who delyvered the Same to the Earle of Loudoun in name and in absence of the said Duke, who received the same upon his Knee as use is, The tenor of which Commission follows
Anna Dei Gratia Magnae Brittaniae, Franciae et Hyberniae Regina, fideique defensor, Omnibus probis hominibus ad quos presentes Letterae nostrae pervenerint Salutem, Quandoquidem nos magni momenti rationibus Currentis nostri Parliamenti hujus antiqui regni nostri Scotiae Concilia in tertia sua sessione Tertio die mensis Maii proximi futuri Conventura hactenus Statuimus, rebus autem nostris necessario nos avocantibus dictae nostri Parliamenti Sessioni interesse nequimus, Ideoque Commissionem nostram Cuidam emenentissimi ordinis Summaeque fiduciae ac praeclaris animi dotibus imbuto, Regiam nostram personam et authoritatem in eadem representandi, Concedere decrevimus; Cumque quam plurima habemus Judicia de fidelitate interminata egregiis animi dotibus et integritate fidelissimi et dilectissimi nostri consanguinei et Conciliarii Joannis Ducis de Argyle, Cujus egregiae animi dotes ad summum illud fiduciae munus rite obeundum , Ac pro nostra Regia proposita propaganda tam in promovendo Commodo et Interesse dicti nostri antiqui regni, et in Ecclesia et in publica quam in Ministerio nostro ipsum usquequaque Idoneum et instructum reddam2, Noveritis igitur nos Dedisse et Concessisse, Tenoreque praesentium Damus et Concedimus praedicto fidelissimo et dilectissimo nostro Consanguineo et Conciliario Joanni Duci de Argyle nostram plenissimam potestatem et Commissionem Sacram nostram personam representandi, et regiam nostram autoritatem in dicta proxima Sessione praedicti currentis Parliamenti nostri dicti regni gerendi, et in re quavis alia ubicunque de Ecclesia formanda3 pace, et policia dicti regni nostri conservanda et excollenda et re nostra promovenda tractandum fuerit in universis ejusdem administrationibus Tanquam Supremo nostro Commissionario ; Porro tenore praesentium eundem Joannem Ducem de Argyle Cum Commissionarii nostri titulo regali nostra autoritate Insignimus , plenamque illi tribuimus potestatem , Omnia et singula ad munus et imperium Commission[a]rii spectantia tam plene et libere in quovis respectu et conditione , quam quilibet aliis4 ejusdem summi muneris et Characteris (regnantibus quibuscunque nostrorum decessorum) unquam fecerat, seu de Jure facere potuerant , Faciendi quoquidem omnia et singula in dicta hac Commissione prosequenda ab ipso facienda nos firma et ratehabemus5 et habituri sumus omnibus et singulis , Insuper Status nostri officialibus iisque qui a nobis ab int[i]mis Conciliis Judicibus legalis et officiariis nostrarum in hoc regno Cesuratim6 Caeterisque quibuscunque subditis nostris et praedictum Joannem Ducem de Argyle tanquam Supremum nostrum Commissionarium Sacram nostram personam representantem , et regalem nostram autoritatem gerentem ad effectum et secundum formam in hac nostrae Commissione praescriptam ; Quaequidem Commissio ad datum praesentium Incipiet , et durante dicta proxima Sessione Parliamenti , et donec eadem a nobis revocabitur In vigore durabit agnoscant reverantur et dicto ipsius aud[i]entes se praebeant Stricte Mandamus Imperamus et declaramus hanc nostram Commissionem absque prejudicio fore praefato Joanni duci de Aryle7 ejusvis8 aliis diplomatis seu Commissiones9 de quocunque alio munere a nobis ipsi concredito, Sed eadem durante hac nostra Commissione, Ac etiam post ipsius expirationem durante nostro beneplacito in pleno vigore continuare Modo in singulis diplomatibus et Commissionibus ipsi concessis Contentis10 In Cujus rei Testimonium praesentibus magnum Sigillum nostrum appendi Mandavimus Apud Aulam nostram de St James Sexto die mensis Martii Anno domini Millesimo Septingentesimo quinto et Anno regni nostri Tertio, Per Signaturam manu S . D . N . Reginae suprascriptam Wrytten to the great Seall and registrat the fourteenth day of March 1705 . Sic Sub[scrib]itur Charles Kerr, Sealled at Edinburgh the Sixteinth day of March 1705. In absence of Sir Alexander Ogilvie of Forglen Sic Subscribitur John Steuart deput

At Edinburgh 20 March 1705

A1705/3/171

Procedure

Commission of John, duke of Argyll for holding a parliament

Commission under the great seal of this kingdom in favour of John [Campbell] duke of Argyll to be commissioner to and represent her majesty’s sacred person in the next session of parliament being presented by Sir Gilbert Elliot, clerk, the same was read, and ordered to be recorded, and thereafter delivered by the said Sir Gilbert to [William Johnston] marquis of Annandale, president for the time, who delivered the same to [Hugh Campbell] earl of Loudoun in name and in absence of the said duke, who received the same upon his knee as use is. The tenor of which commission 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 thus far we, for reasons of great importance, have decided that the councils of our current parliament of this our ancient kingdom of Scotland in its third session are to be held on the third day of the month of May next to come, but we are unable to be present at the said session of our parliament, because of matters calling us unavoidably, and so we have decreed to grant our commission of representing our royal person and authority in it, to someone of the most eminent rank and of the greatest trustworthiness and imbued with excellent qualities of character. And since we have very many opinions about the unending loyalty, admirable character traits and integrity of our most faithful and dearest kinsman and councillor John [Campbell] duke of Argyll, whose distinguished qualities of character render him entirely suitable and trained for performing rightly that greatest duty of trust, and for promoting our royal proposals, as much in advancing the profit and interest of our said ancient kingdom, both in the Church and in public, as in our service. Know therefore that we have given and granted, and by the tenor of the presents we give and grant to our foresaid most loyal and dearest kinsman and councillor John, duke of Argyll our fullest power and commission of representing our sacred royal person and of bearing our royal authority in the said next session of our foresaid current parliament of our said kingdom, and in any other matter wherever it will require to be transacted for firming Church peace and conserving and cultivating the governance of our said kingdom and promoting our business in all administrations of it, as our high commissioner. Moreover, by the tenor of the presents, we distinguish the same John, duke of Argyll with the title of our commissioner with our royal authority, and we bestow on him full power of doing all and single relating to the duty and power of commissioner, so fully and freely in whatever respect and condition as any other of that highest office and character had ever done (while whoever of our ancestors was reigning), or could do according to law. All and single to be followed in this said commission which are done by him, we hold firm and fixed, and will hold to all and single. Moreover, to the officials of our state and those who are from our inner councils, judges, and officers of our forces in this kingdom, and our other subjects whatsoever, we command strictly that they should recognise the foresaid John, duke of Argyll as our high commissioner representing our sacred person and bearing our royal authority, revere and provide themselves listening to his word, to the effect and following the form prescribed in this our commission. Which commission shall begin at the date of the presents and will last in strength during the said next session of parliament, and until it will be revoked by us. We order and declare this our commission to become without prejudice to the foresaid John, duke of Argyll to any other diplomas or commissions concerning any other duty granted to him by us, but the same to continue in full strength during this our commission and also after its expiration, during our pleasure only, contained in single diplomas and commissions granted to him. In testimony whereof, we have ordered our great seal to be appended to the presents. At our court of St James’s on 6 March 1705, and in the third year of our reign. By the sign manual of our supreme lady the queen above written.

1. NRS, PC1/53, 373-4.

2. Sic. Recte ‘reddant’.

3. Sic. Recte ‘firmanda’.

4. Sic. Recte ‘alius’.

5. Sic. Recte ‘rata habemus’.

6. Sic. Recte ‘copiarum’.

7. Sic.

8. Sic. Recte ‘cuivis’.

9. Sic.

10. Sic. Recte ‘contento’.

1. NRS, PC1/53, 373-4.

Sederunt, 20 March 1705, Edinburgh

Att Edinburgh the Twentieth of March Jaj vijc and fyve years1

A1705/3/162

Sederunt

Marquis of Annandale s.; Earl of Craufurd; Earl of Buchan; Earl of Loudoun; Earl of Ruglen; Earl of Roseberrie; Earl of Hopetoun; Lord Advocat; Lord Theasaurer Deput; Lord Justice Clerk; Lord Arniestoun; Lord Hallcraig; Mr Fr Montgomrie; Laird of Blaccader; Laird of Ormiestoun younger; Lord Provest of Edinburgh

At Edinburgh 20 March 17051

A1705/3/162

Sederunt

[William Johnston] marquis of Annandale, secretary; [John Lindsay] earl of Crawford; [David Erskine] earl of Buchan; [Hugh Campbell] earl of Loudoun; [John Hamilton] earl of Ruglen; [Archibald Primrose] earl of Rosebery; [Charles Hope] earl of Hopetoun; [Sir James Stewart of Goodtrees] lord advocate; [George Baillie of Jerviswood] lord treasurer depute; [Adam Cockburn] lord justice clerk; [Robert Dundas] Lord Arniston; [Sir James Hamilton] Lord Halcraig; Francis Montgomerie; [Sir John Home] laird of Blackadder; [John Cockburn] laird of Ormiston younger; [Sir Patrick Johnston] lord provost of Edinburgh

1. NRS, PC1/53, 373.

2. NRS, PC1/53, 373.

1. NRS, PC1/53, 373.

2. NRS, PC1/53, 373.

Proclamation, 13 March 1705, Edinburgh

Att Edinburgh the thretteinth day of March Jaj vijc and fyve years

A1705/3/151

Proclamation

Proclamation adjourning the parliament

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 Counsell, pursevants Messengers at arms our Shirreffs in that pairt Conjunctllie and Severallie Speciallie constitut Greeting, Forasmuchas the present State of our affairs, Does not requyre the meeting of our parliament of this our antient kingdome of Scotland upon the Twentie Sevinth day of this current moneth of March, to which it stands by our authority adjourned, wee are therfor resolved to continue the said adjournement to the third day of May nixt therafter, and firmely resolved our said parliament Shall meet on the said third day of May nixt without further delay for the good ends for which wee have called it, Therfor and that the members of our said parliament be not putt to the trouble and charges of meeting upon the said Twentie Sevinth day of March instant, Wee with advyce of the Lords of our privie Councell, Have adjurned and heirby adjourne our said current parliament from the said Twentie Sevinth day of March instant, To the said third day of May nixt therafter, Requyreing heirby all the members therof to attend the said day at Edinburgh In the usuall way, and wnder the accustomed certifications by Law appoynted Our Will is Heirfore and wee strictly charge and Comand that in continent thir our Letters Seen ye pass to the mercat cross of Edinburgh, And to the mercat cross’s of the haill remanent head burghs of the Severall Shyres and Steuartries within this our antient kingdome, And ther in our name and authority by open proclamation make publict Intimation that our said parliament is adjurned to the said third day of May nixt to come, And ordains these presents to be printed and published; Given under our Signet at Edinburgh the Tretteinth day of March, And of our reigne the fourth year 1705. Sic subscribitur Tweddale Cancellar Annandale p. Rothes l.p.s. Buchan, Haddington Dunmore. Roseberrie. Hew Dalrymple. James Stewart. F Montgomrie. William Anstruther.

At Edinburgh 13 March 1705

A1705/3/151

Proclamation

Proclamation adjourning the parliament

Anne, by the grace of God queen of Great Britain, France, and Ireland, defender of the faith, to our lyon king at arms and his brethren heralds, macers of our privy council, pursuivants, messengers at arms, our sheriffs in that part conjunctly and severally, specially constituted greeting. Forasmuch as the present state of our affairs does not require the meeting of our parliament of this our ancient kingdom of Scotland upon 27 of this current month of March, to which it stands by our authority adjourned, we are therefor resolved to continue the said adjournment to 3 May next thereafter, and firmly resolved our said parliament shall meet on the said 3 May next without further delay for the good ends for which we have called it. Therefor and that the members of our said parliament be not put to the trouble and charges of meeting upon the said 27 March instant, wee with advice of the lords of our privy council, have adjourned and hereby adjourn our said current parliament from the said 27 March instant, to the said 3 May next thereafter. Requiring hereby all the members thereof to attend the said day at Edinburgh in the usual way, and under the accustomed certifications by law appointed. Our will is therefore and we strictly charge and command that immediately these our letters [are] seen, you pass to the mercat cross of Edinburgh, and to the mercat crosses of the whole remnant head burghs of the several shires and stewartries within this our ancient kingdom, and there in our name and authority by open proclamation make public intimation that our said parliament is adjourned to the said 3 May next to come. And ordain these present to be printed and published. Given under our signet at Edinburgh 13 March, and of our reign the fourth year 1705. Sic subscribitur Tweeddale chancellor; Annandale president; Rothes lord privy seal; Buchan; Haddington; Dunmore; Rosebery; Hew Dalrymple; James Stewart; Francis Montgomerie; William Anstruther.

1. NRS, PC1/53, 372-3.

1. NRS, PC1/53, 372-3.

Letter: royal, 13 March 1705, Edinburgh

Att Edinburgh the thretteinth day of March Jaj vijc and fyve years

A1705/3/141

Letter: royal

Queens Letter for Adjurneing the parliament

Letter from the Queen to the Counsell for Adjurneing the parliament to the third of May nixt, Being read, was ordered to be recorded, wherof the tenor follows.
Sic Supra Scribitur
Anne Regina
Right trustie and right2 weell beloved Cousine an Counsellor, Right trustie and intired beloved Cousine and Counsellor, Right trustie, and right well beloved Cousins and Councellors Right trustie and well beloved Counsellors, and trustie and well beloved Councellors, Wee Greet yow well; Wheras our affairs doe requyre a further adjournment of our parliament then to the Twentie Sevinth day of March instant to which it was Last adjourned, Wee are therfor resolved to continue the said Adjurnment to the third day of May therafter, And that the members of parliament may not be putt to the trouble and charges of meeting wpon the said twenty sevinth day of March instant, It is our will and pleasure and wee heirby Authorise and requyre yow to issue furth a proclamation in our name, Ordering a continuance of the said adjurnement of our parliament from the said Twentie Sevinth of March to the third day of May nixt3 therafter And ordering all the members therof to attend that day at Edinburgh in the usuall way and wpon the accustomed certifications, And yow are to intimate and publish to all our good Subjects that wee are firmely resolved our parliament Shall meet on the said third day of May nixt without further delay for the good ends for which wee have called it; So wee bid yow heartily fairwell; Given at our Court at St James’s the Sixth day of March Jaj vijc and fyve And of our reigne the third year, By her Majesties Command Sic Subscribitur Seafield.

At Edinburgh 13 March 1705

A1705/3/141

Letter: royal

Queen’s letter for adjourning the parliament

Letter from the queen to the council for adjourning the parliament to 3 May next, being read, was ordered to be recorded, whereof the tenor follows:
Sic Supra Scribitur
Anne Regina
Right trusty and right well beloved cousin an counsellor, right trusty and entirely beloved cousin and counsellor, right trusty and right well beloved cousins and counsellors, right trusty and well beloved counsellors, and trusty and well beloved counsellors, we greet you well. Whereas our affairs do require a further adjournment of our parliament than to 27 March instant, to which it was last adjourned, we are therefor resolved to continue the said adjournment to 3 May thereafter. And that the members of parliament may not be put to the trouble and charges of meeting upon the said 27 March instant, it is our will and pleasure and we hereby authorise and require you to issue forth a proclamation in our name, ordering a continuance of the said adjournment of our parliament from the said 27 March to 3 May next thereafter, and ordering all the members thereof to attend that day at Edinburgh in the usual way and upon the accustomed certifications. And you are to intimate and publish to all our good subjects that we are firmly resolved our parliament shall meet on the said 3 May next without further delay for the good ends for which wee have called it. So we bid yow heartily farewell. Given at our court at St James’s 6 March 1705 and of our reign the third year. By her Majesties Command Sic Subscribitur Seafield.

1. NRS, PC1/53, 372.

2. Insertion.

3. Insertion.

1. NRS, PC1/53, 372.

Sederunt, 13 March 1705, Edinburgh

Att Edinburgh the thretteinth day of March Jaj vijc and fyve years1

A1705/3/132

Sederunt

Lord Chancellor; Marquis of Annandale P.C.; Earl of Rothes P.S.; Earl of Buchan; Earl of Hadingtoun; Earl of Dunmore; Earl of Roseberrie; Lord President of Session; Lord Advocat; Lord Ensteruther; Mr Fr Montgomrie

At Edinburgh 13 March 17051

A1705/3/132

Sederunt

[John Hay, marquis of Tweeddale] lord chancellor; [William Johnston] marquis of Annandale, president of council; [David Erskine] earl of Buchan; [Thomas Hamilton] earl of Haddington; [Charles Murray] earl of Dunmore; [Archibald Primrose] earl of Rosebery; [Sir Hew Dalrymple] lord president of session; [Sir James Stewart of Goodtrees] lord advocate; [Sir William Anstruther] Lord Anstruther; Francis Montgomerie

1. NRS, PC1/53, 372.

2. NRS, PC1/53, 372.

1. NRS, PC1/53, 372.

2. NRS, PC1/53, 372.

Procedure: committee formed, 12 March 1705, Edinburgh

Att Edinburgh the twelfth day of March Jaj vijc and fyve years

A1705/3/121

Procedure: committee formed

Committie for publict occurances

The Lords of her Majesties Privie Councill Doe heirby Nominat and appoynt the Marques of Lothian, The Earles of Craufurd, Buchan, Lauderdale, Forfar, Dunmore, Ruglen, Roseberrie and Hopetoun, The Lords President of Session, Advocat, Thesaurer deput, Arniestoun, Hallcraig, Ensteruther and Phesdo, Livtennant Generall Ramsay, and the Lords Provost of Edinburgh, To be a Comittie for publict occurrances, dureing the insueing vaccance, and declairs any fyve a quorum, and to report.

At Edinburgh 12 March 1705

A1705/3/121

Procedure: committee formed

Committee for public occurrences

The lords of her majesty’s privy council doe hereby nominate and appoint [William Kerr] marquis of Lothian, [John Lindsay] earl of Crawford, [David Erskine] earl of Buchan, John Maitland] earl of Lauderdale, [Archibald Douglas] earl of Forfar, [Charles Murray] earl of Dunmore, [John Hamilton] earl of Ruglen, [Archibald Primrose] earl of Rosebery and [Charles Hope] earl of Hopetoun, [Sir Hew Dalrymple] lord president of session, [Sir James Stewart of Goodtrees] lord advocate, [George Baillie of Jerviswood] lord treasurer depute, [Robert Dundas] Lord Arniston, [Sir James Hamilton] Lord Halcraig, [Sir William Anstruther] Lord Anstruther, [Sir James Falconer] Lord Phesdo, Lieutenant General [George] Ramsay, and [Sir Patrick Johnston] lord provost of Edinburgh, to be a committee for public occurrences during the ensuing vacancy, and declare any five a quorum, and to report.

1. NRS, PC1/53, 371-2.

1. NRS, PC1/53, 371-2.

Procedure, 12 March 1705, Edinburgh

Att Edinburgh the twelfth day of March Jaj vijc and fyve years

A1705/3/111

Procedure

Declarations of Skippers etc

Follows the declarations of Skippers and others taken conserning the forsaid abuse.
At Leith the tent day of March Jaj vijc and fyve years, James Jervie Skipper of the Agnes of Alloa, Declairs that wpon the fyfth instant, he came to the road of Leith Loaden with bear from Orkney, And about Six acloak in the morning, The pinnis of the English man of warr called the Winchester, Came closs aboard his bark, and fyred three Sharp Shott, One of which went throwgh his main Saill, And the Pinnis crew consisting of about ellevine men, haveing come aboard, Caused break up the three hatches, and Stobbed his forsaid Loadning of bear, And that he haveing asked them the reason of their rumadgeing and Stobbing his Shipe, They told him they had orders to Search all Ships comeing into this firth, after which they went aboard of Alexander Nawghtie Shipe also from Orkney, and this he offerrs to depone wpon if requyred, Sic Subscribitur James Servie, The Said day Alexander Nawghtie Master of the Christine of Leith declaires that about Sevine acloak in the morning the forsaid fyfth day of March instant the above Pinnis Come closs aboard of his barque, near the Beacon, and fyred fyve Sharp Shott at his barque, two wherof went through his tope Saill and another came very near the man at the helme, wherwpon he asked him what was the matter, To which one of the Pinnis crew answered when he came aboard, Yow Scots Son of a whore why did yow not Stryke, and wpon this he took him by the throat, the Skipper haveing told him that he came from Orkney, and that he was loaden with butter, beeff, oyll, and feathers etc the Same man answered that he would believe non of our Countrey, And that wee had Sold our King for a groat, and wer arrant knaves and villains, after which he and the rest of the Pinnis Crew, broak open the hatches, rumadged the howll, and turned up a great pairt of the feathers and Light goods on the deck, and told he had a Commission for what he did, from his Captain, And this he offerrs to depone if requyred Sic Subscribitur A.N: Alexander Naughtie his mark, The Said day James Steivine Master of the Freindshipe of Alloa, declairs that haveing come to the road of Leith from Peterhead Loaden with bear, The Pinis of the above man of warr came aboard his said Shipe about two acloak in the afternoon on Sunday Last being the fourth instant when he was near Inch-Keith att Anchor, and haveing opened the hatches, and Seen his loadning, went after to the Cabine, And went again aboard ther Pinnis crying to the Commanding officer that the Barque was loaden with barley Sic Subscribitur James Stein The said day James Ogilvie Master of the Hope of Montrose declairs that haveing come from Frasersburgh loaden with bear and meall, The Pinnis crew of the above man of warr Came aboard of his Barque, opened two of his hatches and Stobbed his loadning about two of the cloak in the afternoon the forsaid fourth instant, and requyred a Sight of his bill of loadning which he produced Sic Subscribitur James Ogilvie. The Said Tenth day of March Jaj vijc and fyve John Kenine Master of the John of Aberbrothock loaden with meall and bear from said place, Declairs that about Six acloak in the morning the said fyfth of March instant, when they wer Stiring to the harbour of Leith, The above Pinnis Crew came closs aboard his barque near the Beacon; fyred fyve or Six Sharpe Shott at them, Came aboard, opened the hatches and Stobbed his loadning with a Spitt they brought along with them, and that he Saw another Spitt in ther Pinnis Sic Subscribitur John Kennie. The Said day Tias Poshie Master of the young Tobias of Strathvanger, loaden with daills and trees from thence, Declairs that haveing come to the road of Leith about three of the cloak in the afternoon the forsaid fourth day of March instant, The above Pinnis crew Came aboard his Shipe, and asked him with what he was loaden, and from whence, and being ansuwered that ther loadning was trees and daills, and that they wer come from Strathvanger, The Pinnis Crew imediatly opened the hatches, took up Some of the daills to the deck to inspect the loadning, and tasked ther bear casks Sic Subscribitur Tias Cashir. The Said day Hegellen Weilsone Master of the Mary of Mondalie, and George Mitchellsone Master of the Anna Katharine of Mondall Loaden with daills and trees from that place, declairs that haveing come to the road of Leith on twesdays morning the Sixth instant, The Crew of the above Pinnis came aboard the Severall Ships, asked ther loadnings, and whence they came And then went aboard the Pinnis, Sic Subscribitur Hegellen Neilson, Georgen Mitchelsone.

At Edinburgh 12 March 1705

A1705/3/111

Procedure

Declarations of skippers etc

Follows the declarations of skippers and others taken concerning the foresaid abuse.
At Leith 10 March 1705, James Jervie, skipper of the Agnes of Alloa, declares that upon 5 instant, he came to the road of Leith laden with bere from Orkney, and about 6 o’clock in the morning, the pinnace of the English man of war, called the Winchester, came close aboard his barque, and fired three sharp shots, one of which went through his main sail, and the pinnace crew, consisting of about eleven men, having come aboard, caused break up the three hatches, and stabbed his foresaid cargo of bere, and that he having asked them the reason of their rummaging and stabbing his ship, they told him they had orders to search all ships coming into this firth, after which they went aboard of Alexander Naughtie’s ship, also from Orkney, and this he offers to depose upon if required, Sic Subscribitur James Servie. The said day Alexander Naughtie, master of the Christine of Leith, declares that about 7 o’clock in the morning the foresaid 5 March instant, the above pinnace came close aboard of his barque, near the Beacon, and fired five sharp shots at his barque, two whereof went through his top sail and another came very near the man at the helm, whereupon he asked him what was the matter, to which one of the pinnace crew answered when he came aboard, ‘you Scots son of a whore why did yow not strike’, and upon this he took him by the throat, the skipper having told him that he came from Orkney, and that he was laden with butter, beef, oil, and feathers etc, the same man answered that he would believe none of our country, and that we had sold our king for a groat, and were arrant knaves and villains, after which he and the rest of the pinnace crew broke open the hatches, rummaged the hold, and turned up a great part of the feathers and light goods on the deck, and told he had a commission for what he did from his captain, and this he offers to depose if required Sic Subscribitur A.N: Alexander Naughtie his mark. The said day James Steven, master of the Freindship of Alloa, declares that having come to the road of Leith from Peterhead laden with bere, the pinnace of the above man of war came aboard his said ship about 2 o’clock in the afternoon on Sunday last, being 4 instant, when he was near Inchkeith at anchor, and having opened the hatches, and seen his cargo, went after to the cabin, and went again aboard their pinnace crying to the commanding officer that the barque was laden with barley Sic Subscribitur James Stein. The said day James Ogilvie, master of the Hope of Montrose, declares that having come from Fraserburgh laden with bere and meal, the pinnace crew of the above man of war came aboard of his barque, opened two of his hatches and stabbed his cargo about 2 o’clock in the afternoon the foresaid 4 instant, and required a sight of his bill of loading, which he produced Sic Subscribitur James Ogilvie. The said 10 March 1705 John Kenine, master of the John of Arbroath, laden with meal and bere from said place, declares that about 6 o’clock in the morning the said 5 March instant, when they were stirring to the harbour of Leith, the above pinnace crew came close aboard his barque near the Beacon, fired five or six sharp shot at them, came aboard, opened the hatches, and stabbed his cargo with a spit they brought along with them, and that he saw another spit in their pinnace Sic Subscribitur John Kennie. The Said day Tias Poshie, master of the Young Tobias of Stravanger, laden with deals and trees from thence, declares that having come to the road of Leith about 3 o’clock in the afternoon the foresaid 4 March instant, the above pinnace crew came aboard his ship, and asked him with what he was laden, and from whence, and being answered that their cargo was trees and deals, and that they were come from Stravanger, the pinnace crew immediately opened the hatches, took up some of the deals to the deck to inspect the cargo, and tasked their bere casks Sic Subscribitur Tias Cashir. The said day Hegellen Weilsone, master of the Mary of Mondalie [Mandal?], and George Mitchellson, master of the Anna Katharine of Mondall [Mandal?], laden with deals and trees from that place, declares that having come to the road of Leith on Tuesday morning 6 instant, the crew of the above pinnace came aboard the several ships, asked their cargo, and whence they came, and then went aboard the pinnace, Sic Subscribitur Hegellen Neilson, Georgen Mitchelsone.

1. NRS, PC1/53, 370-71.

1. NRS, PC1/53, 370-71.

Letter: from the council, 12 March 1705, Edinburgh

Att Edinburgh the twelfth day of March Jaj vijc and fyve years

A1705/3/101

Letter: from the council

Letter from the Councill To the Secretary of State

Ther being a Letter prepared from the Councill to the Secretary in waiting to be Laid befor her Majestie Giving account of the Insolence Committed by Captain Hows Commander of the English man of warr the Winchester In Searching our Ships and Barks that pass the firth, and the Samen being read in ther presence after amendments made theron It was voted and approven, and ordained to be transcrybed in Mundo, And Signed by the Lord Chancellor, And the Samen with the principall declarations emitted by Some Merchants and Shipps, Recommended to the Lord Chancellor to transmitt to Court by a flying packet off the which Letter the tenor follows.
My Lord
When her Majesties Shipe the Winchester, Commanded by Captain Hews came lately to the road of Leith to receive and convoy recruits for Holland, The Counsell gave the orders necessary for furthering the Saids recruits, But in the mean tyme the Captain forgetting himselfe And not considering that within one Scots Seas and harbours, he neither had nor could have any authority to Stopp and Search our vessells and Ships without allowance of the Government; He hath committed severall gross abuses In Stoping our Ships, vessells and boats, while he lay at anchor in the road of Leith, and Searching both them and Strangers by rumaging all their Loadning, and even to the Stacking wp of casks and barrells, and boreing the Same as he and his men thought fitt, And if any vessell refused to come wnder his bow, he forced them therto by Shooting Sharpe, all which hath been complained wpon and instructed to ws by Merchants, Seamen and others concerned, And when on this account wee thought fitt to Call him, he refused to come, But Sent his Livetennant with his excuse, And when wee Stopt his Livetennant wntill he Should again acquaint the Captain, The Captain returned him answer in wryting which was produced to ws, that he thought he had been in his duty, But would forbear untill he had further orders from England, but withall declyned in the mean tyme to appear befor or answer to the Counsell, wherwpon it was thought fitt to committ the Livetennant, and as many of the Ships crew as could be found, to custody for the said contempt; And yet after that the Captain had wryt another Letter to my Lord Chancellor persisting in his obstinacie, and declairing he would Saill this afternoon, to the end wee might gaine the man to some better sense, his purser was allowed to goe aboard to tell him that if he would obey the Counsells Call and acknowledge his fault, the matter might be past, and that the recruits wer ready to be putt aboard, But all the returne given was that he would not come ashoar, but would be gone without waiting any Longer for the recruits, wherupon wee thought fitt to returne to him his Livetennant, and purser and all his men, and let him be goeing, as not worthie to be trusted with the recruits, But withall wee expect that this wholl matter will be laid befor her Majestie, and that her authority in this kingdome Should be fully vindicat against this contemptuous insolencie, And with all that her Majestie may be pleased to order some other of her Ships to carry over the recruits, Which we ready for his complement to be delyvered to him, but by his default are postpouned; There is heirwith Lykewayes Sent the principall examination that was taken of Some of Captain Hews abuses which will fully Satisfie as to the Justice of the Complaint made against him, This by warrand and in presence of the Lords of her Majesties Privie Counsell, Is Signified to yow by My Lord Yor Lordships most humble Servant Sic Subscribitur Tweeddale Cancellr I.p.d.

At Edinburgh 12 March 1705

A1705/3/101

Letter: from the council

Letter from the council to the secretary of state

There being a letter prepared from the council to [John Ker, earl of Roxburghe] secretary in waiting to be laid before her majesty, giving account of the insolence committed by Captain Hows, commander of the English man of war the Winchester in searching our ships and barques that pass the firth, and the same being read in their presence, after amendments made thereon it was voted and approved, and ordained to be transcribed in mundo, and signed by [John Hay, marquis of Tweeddale] lord chancellor, and the same with the principal declarations emitted by some merchants and ships, recommended to the lord chancellor to transmit to court by a flying packet. Of the which letter the tenor follows:
My Lord
When her majesty’s ship the Winchester, commanded by Captain Hews, came lately to the road of Leith to receive and convoy recruits for Holland, the council gave the orders necessary for furthering the said recruits. But in the meantime the captain, forgetting himself and not considering that within our Scots seas and harbours, he neither had nor could have any authority to stop and search our vessels and ships without allowance of the government, he has committed several gross abuses in stopping our ships, vessels, and boats, while he lay at anchor in the road of Leith, and searching both them and strangers by rummaging all their cargoes, and even to the stacking up of casks and barrels, and boarding the same as he and his men thought fit. And if any vessel refused to come under his bow, he forced them thereto by shooting sharp, all which has been complained upon and instructed to us by merchants, seamen, and others concerned. And when on this account we thought fit to call him, he refused to come, but Sent his lieutenant with his excuse, and when wee stopped his lieutenant until he should again acquaint the captain, the captain returned him answer in writing which was produced to us, that he thought he had been in his duty, but would forbear until he had further orders from England, but also declined in the meantime to appear before or answer to the council. Whereupon it was thought fit to commit the lieutenant, and as many of the ship’s crew as could be found, to custody for the said contempt. And yet after that the captain had written another letter to my lord chancellor persisting in his obstinacy, and declaring he would sail this afternoon, to the end we might gain the man to some better sense, his purser was allowed to go aboard to tell him that if he would obey the council’s call and acknowledge his fault, the matter might be past, and that the recruits were ready to be put aboard. But all the return given was that he would not come ashore, but would be gone without waiting any longer for the recruits, whereupon we thought fit to return to him his lieutenant and purser and all his men, and let him be going, as not worthy to be trusted with the recruits. But also we expect that this whole matter will be laid before her majesty, and that her authority in this kingdom should be fully vindicated against this contemptuous insolence, and also that her majesty may be pleased to order some other of her ships to carry over the recruits, which were ready for his complement to be delivered to him, but by his default are postponed. There is herewith likewise sent the principal examination that was taken of some of Captain Hew’s abuses, which will fully satisfy as to the justice of the complaint made against him. This, by warrant and in presence of the lords of her majesty’s privy council, is signified to you by, my lord, your lordship’s most humble servant Sic Subscribitur Tweeddale chancellor I.p.d.

1. NRS, PC1/53, 370.

1. NRS, PC1/53, 370.

Sederunt, 12 March 1705, Edinburgh

Att Edinburgh the twelfth day of March Jaj vijc and fyve years1

A1705/3/92

Sederunt

Lord Chancellor; Marquis of Annandale p.c.; Earl of Rothes p.s.; Earl of Loudoun; Lord Ballhaven; Lord President of Session; Lord Advocat; Lord Theasaurer Deput; Lord Arniestoun; Lord Hallcraig; Lord Enstruther; Lord Phesdo; Mr Fr. Montgomrie; Laird of Blaccader; Laird of Ormiestoun younger; Lord Provest of Edinburgh

At Edinburgh 12 March 17051

A1705/3/92

Sederunt

[John Hay, marquis of Tweeddale] lord chancellor; [William Johnston] marquis of Annandale, president of council; [Hugh Campbell] earl of Loudoun; [John Hamilton] Lord Belhaven; [Sir Hew Dalrymple] lord president of session; [Sir James Stewart of Goodtrees] lord advocate; [George Baillie of Jerviswood] lord treasurer depute; [Robert Dundas] Lord Arniston; [Sir James Hamilton] Lord Halcraig; [Sir William Anstruther] Lord Anstruther; [Sir James Falconer] Lord Phesdo; Francis Montgomerie; [Sir John Home] laird of Blackadder; [John Cockburn] laird of Ormiston; [Sir Patrick Johnston] lord provost of Edinburgh

1. NRS, PC1/53, 369.

2. NRS, PC1/53, 369.

1. NRS, PC1/53, 369.

2. NRS, PC1/53, 369.