Tag Archives: acta

Sederunt, 27 February 1705, Edinburgh

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Att Edinburgh the Twentie Sevinth day of February Jaj vijc and fyve years1

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Sederunt

Lord Chancellor; Marquis of Annandale p.c.; Earl of Rothes p.s.; Earl of Craufurd; Earl of Southerland; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Levine; Earl of Ruglen; Earl of Roseberrie; Lord Ballhavine; Lord Advocat; Lord Justice Clerk; Lord Ensteruther; Laird of Blaccader; Laird of Ormiestoun; Lord Provest of Edinburgh

At Edinburgh 27 February 17051

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Sederunt

[John Hay, marquis of Tweeddale] lord chancellor; [William Johnston] marquis of Annandale, president of council; [John Lindsay] earl of Crawford; [John Gordon] earl of Sutherland; [David Erskine] earl of Buchan; [John Maitland] earl of Lauderdale; [Hugh Campbell] earl of Loudoun; [David Melville] earl of Leven; [Archibald Douglas] earl of Forfar; [John Hamilton] earl of Ruglen; [Archibald Primrose] earl of Rosebery; [John Hamilton] Lord Belhaven; [Sir James Stewart of Goodtrees] lord advocate; [Adam Cockburn] lord justice clerk; [Sir William Anstruther] Lord Anstruther; [Sir John Home] laird of Blackadder; [John Cockburn] laird of Ormiston; [Sir Patrick Johnston] lord provost of Edinburgh

1. NRS, PC1/53, 365.

2. NRS, PC1/53, 365.

1. NRS, PC1/53, 365.

2. NRS, PC1/53, 365.

Letter: from the council, 22 February 1705, Edinburgh

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Att Edinburgh the Twentie Second day of February Jaj vijc and fyve years

A1705/2/281

Letter: from the council

Letter from the Counsell to the Secretary anent Fort William

Letter from the Councill to the Earle of Roxburgh Secretary in waiting anent Fort William, and the burgh of Barronie therto belonging, being read was voted and approven and appoynted to be recorded, and recommended to the Lords Chancellor to Signe and transmitt the Same wherof the tenor followes
My Lord
Fort William at Inverlochie being a fort so necessary, And the Government haveing already expended, and being to expend so great charges upon it, Wee have thought fitt to transmitt this representation to be laid befor her Majestie; Immediatly after the revolusion some of the Highlanders haveing risen in armes and Joyned with Claverhouse, It was resolved that a fort which the English had keept all the tyme of ther usurpation at Innerlochie for the Securitie of the Highlands, Should be restored, For tho after the year Jaj vic Sixtie one, It had been wholly neglected, And was become a piece of waste ground, Yet haveing been a fort formerly, The Government on the occasion forsaid thought fitt to restore it which was done without any contradiction, and King William for its better Support did erect ther a burgh of Barronie, that the Garisone might have the benefite of weekly mercats and fairs, which was the advantage of the proprietor of the ground as weell as of the fort, And thus things continued in quyet for severall yeirs But the Duke of Gordon alleadging that the ground of the fort, and the burgh of Barronie was his property, He raised ane action of removeing against the Garisone and the Inhabitatns of the burgh as possessing his ground and property; When this action was lyke to come to ane issue, ther Majesties Advocat represented the matter to the Lords of Theasaury, who appoynted a conference with the Duke of Gordon, wherin without entering into any debate, either as to the poynt of right or possession, the Duke was told that his ground and lands about wer rather bettered by the fort and by the burgh of Barronie, But because it was fitt the Government Should be Secured as to the right of the fort, And that they would proceed Justly and fairly with him, They wer willing to purchase from him the forsaid ground which was in all but a two merk-land, and payed only Fourscore merks the merk Land, But that they wer resolved to deall Squarely with him, And pay him largely above the Just value for the purchase they proposed, The Duke on the other hand made answer Sometymes he would resigne the ground of the fort, but not the burgh of Barronie, And then that he would not Sell to the Queen, But rather in duty make her a free offer and Surrender, But aggreeing to nothing, And the Garisone in the mean tyme molested, and hindered, as to ther fewall and foggage by the Duks Baillies, who appear to have Litle kindness for the Government, This matter being reported to ws, who thought fitt to order Major Generall Maitland and the Garisone to continue ther possession as they had formerly enjoyed it, And that this wholl matter Should be laid befor her Majestie for preventing misrepresentations, And also for direction how to proceed in it, For it may Justly seem unaccountable that the Duke of Gordon who owes So much to the protection and favour of the Government, Should make difficultie to sell and resigne for a greater pryce then he would expect any wher els a two merk-land in Lochaber the wildest place in Scotland Especially when both fort and burgh are truly beneficiall to all his bounds about, However in the mean tyme her Majesties possession shall be maintained, And if the Duke cane be brought to a better resolution, It is that which wee much desyre; For that Such a necessary fort for the Security of the kingdome, And the quyet of these pairts, And that hath already been so chargeable, And is lyke to be yet more chargeable, And is lyke to be yet more chargeable to the Government, Should be given up and throwen away for any mans humor, Wee are hopefull that the Duke att length will find himselfe to be unreasonable, This by order and in presence of the Lords of her Majesties privie Counsell Is Signed by, My Lord, Yor Lordships most humble Servant, Sic Subscribitur Tweeddale Cancellar I.P.D.

At Edinburgh 22 February 1705

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Letter: from the council

Letter from the council to the secretary concerning Fort William

Letter from the council to [John Ker] earl of Roxburghe, secretary in waiting, concerning Fort William, and the burgh of barony thereto belonging, being read, was voted and approved, and appointed to be recorded, and recommended to [John Hay, marquis of Tweeddale] the lord chancellor to sign and transmit the same, whereof the tenor follows:
My Lord,
Fort William at Inverlochy being a fort so necessary, and the government having already expended, and being to expend so great charges upon it, we have thought fit to transmit this representation to be laid before her majesty. Immediately after the revolution, some of the Highlanders having risen in arms and joined with [John Graham of] Claverhouse, it was resolved that a fort which the English had kept all the time of their usurpation at Inverlochy for the security of the Highlands, should be restored, For though after the year 1661, it had been wholly neglected, and was become a piece of waste ground, yet having been a fort formerly, the government on the occasion foresaid thought fit to restore it, which was done without any contradiction. And King William for its better support did erect there a burgh of barony, that the garrison might have the benefit of weekly market and fairs, which was [to] the advantage of the proprietor of the ground as well as of the fort. And thus things continued in quiet for several years. But [George Gordon] duke of Gordon alleging that the ground of the fort, and the burgh of barony, was his property, he raised an action of removing against the garrison and the inhabitants of the burgh as possessing his ground and property. When this action was like to come to an issue, their majesties’ advocate represented the matter to the lords of treasury, who appointed a conference with the duke of Gordon, wherein without entering into any debate, either as to the point of right or possession, the duke was told that his ground and lands about were rather bettered by the fort and by the burgh of barony, but because it was fit the government should be secured as to the right of the fort, and that they would proceed justly and fairly with him, they were willing to purchase from him the foresaid ground, which was in all but a two merkland, and paid only fourscore merks the merkland. But that they were resolved to deal squarely with him, and pay him largely above the just value for the purchase they proposed. The duke on the other hand made answer sometimes he would resign the ground of the fort, but not the burgh of barony, and then that he would not sell to the queen, but rather in duty make her a free offer and surrender. But agreeing to nothing, and the garrison in the meantime molested, and hindered, as to their fuel and grazing by the duke’s bailies, who appear to have little kindness for the government. This matter being reported to us, who thought fit to order Major General [James] Maitland and the garrison to continue their possession as they had formerly enjoyed it, and that this whole matter should be laid before her majesty for preventing misrepresentations, and also for direction how to proceed in it, for it may justly seem unaccountable that the duke of Gordon, who owes so much to the protection and favour of the government, should make difficulty to sell and resign for a greater price then he would expect anywhere else, a two merkland in Lochaber, the wildest place in Scotland, especially when both fort and burgh are truly beneficial to all his bounds about. However in the meantime her majesty’s possession shall be maintained, and if the duke can be brought to a better resolution, it is that which we much desire. for that such a necessary fort for the security of the kingdom, and the quiet of these parts, and that has already been so chargeable, and is like to be yet more chargeable to the government, should be given up and thrown away for any man’s humour. We are hopeful that the duke at length will find himself to be unreasonable. This by order and in presence of the lords of her majesty’s privy council is Signed by, my lord, your lordship’s most humble servant, Sic Subscribitur Tweeddale chancellor I.P.D.

1. NRS, PC1/53, 364-5.

1. NRS, PC1/53, 364-5.

Sederunt, 22 February 1705, Edinburgh

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Att Edinburgh the Twentie Second day of February Jaj vijc and fyve years1

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Sederunt

Lord Chancellor; Marquis of Annandale P.C.; Earl of Rothes P.S.; Earl of Buchan; Earl of Loudoun; Earl of Ruglen; Earl of Hyndfoord; Lord Ballhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Ensteruther; Mr Fr Montgomrie; Laird of Blaccader; Laird of Ormiestoun younger; Lord Provest of Edinburgh

At Edinburgh 22 February 17051

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Sederunt

[John Hay, marquis of Tweeddale] lord chancellor; [William Johnston] marquis of Annandale, president of council; [John Leslie] earl of Rothes, lord privy seal; [David Erskine] earl of Buchan; [Hugh Campbell] earl of Loudoun; [John Hamilton] earl of Ruglen; [John Carmichael] earl of Hyndford; [John Hamilton] Lord Belhaven; [Sir James Stewart of Goodtrees] lord advocate; [George Baillie of Jerviswood] lord treasurer depute; [Adam Cockburn] lord justice clerk; [Sir William Anstruther] Lord Anstruther; 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, 364.

2. NRS, PC1/53, 364.

1. NRS, PC1/53, 364.

2. NRS, PC1/53, 364.

Warrant, 20 February 1705, Edinburgh

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Att Edinburgh the Twentieth day of February Jaj vijc and fyve years

A1705/2/261

Warrant

Warrand to the Generall to send a party of Souldiers aboard the Dumbarton Castell

The Lords of her Majesties Privie Counsell Doe heirby Recommend to Livetennant Generall George Ramsay Commander in chiefe of her Majesties forces within this Kingdome To order such a number of the saids forces duly Commanded to repair to Newport-Glasgow, their to be Shipped aboard her Majesties Shipe and Mann of warr the Dumbarton Castell betwixt and the Eight day of March nixt, As the Lords of her Majesties Theasaurie Shall appoynt, And als near as may be the Same forces and officers formerly aboard the said ships for defending the coasts against French privateers, when the said ship was Last at Sea.

At Edinburgh 20 February 1705

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Warrant

Warrant to the general to send a party of soldiers aboard the Dumbarton Castle

The lords of her majesty’s privy council do hereby recommend to Lieutenant General George Ramsay, commander in chief of her majesty’s forces within this kingdom, to order such a number of the said forces, duly commanded, to repair to Newport Glasgow, there to be shipped aboard her majesty’s ship and man of war the Dumbarton Castle between [now] and 8 March next, as the lords of her majesty’s treasury shall appoint, And as near as may be the same forces and officers formerly aboard the said ships for defending the coasts against French privateers, when the said ship was last at Sea.

1. NRS, PC1/53, 363.

1. NRS, PC1/53, 363.

Act, 20 February 1705, Edinburgh

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Att Edinburgh the Twentieth day of February Jaj vijc and fyve years

A1705/2/251

Act

Act Anent destroying prohibite goods

Att Edinburgh the twentie day of February Jaj vijc and fyve years, The Lords of her Majesties privie Counsell being informed that Some of the members of the Societie for executing the laws anent trade have seized goods that wer Imported contrair to the Acts of parliament, And Still retains them in ther own custody and keeping without being delyvered in to the Magistrat to be cognosed and burnt Conforme to the tenor of the Eight and twelfth Acts of the Eight and Nynth Sessions of King Williams parliament, Doe therfor Appoynt and Ordaine all persons whatsomever that have Seased Goods Imported contrair to the saids Acts, And which they have in ther custody and keeping Instantly to delyver in the Samen to the Magistrats of Edinburgh or nixt Magistrat upon Inventar to ly in their custody till cognosed and burned; And for preventing the lyke abuse in tyme comeing; Doe heirby Appoynt and Ordaine that when any goods are Seased conforme to the forsaids Acts, the persone that seases the Samen Bring them imediatly and without delay to the nixt Magistrat who is heirby appoynted and Ordained to receive the Samen from the Seasers at whatever tyme of the day or night they be offered, And that the Samen goods at ther delyverie to the Magistrat be sealled by the seaser, And Magistrat till Inventared, And that the Inventar be made with all convenient Speed, And after they are Inventared Appoynts and Ordains the Magistrat without delay to proceed to cognose the same, And that after the goods Suae Seased, are cognosed, the Samen to be cutt in pieces So as to be useless for any thing, And therafter left in the hand of the Magistrat, who is heirby Appoynted to attend himselfe and See the Same burned in the accustomed place, And att the ordinary tyme of the day In maner prescrybed in the forsaids acts of parliament, And appoynts and Ordains the forsaids Magistrats to provyde ane Sufficient guard duly Comanded both to attend the goods when they are brought to be cognosed, and att the burneing that therby all mobbs and rables may be prevented; And Ordains thir presents to be printed and published at the Mercat cross of Edinburgh and other places needfull that non may pretend ignorance Sic Subscribitur Tweeddale Cancellr I.P.D. Rothes P.S. Loudoun Ruglen Hyndfoord Bellhaven, George Baillie, John Cockburne Adam Cockburne, W Anstruther, F Montgomrie, John Home.

At Edinburgh 20 February 1705

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Act

Act concerning destroying prohibited goods

At Edinburgh 20 February 1705. The lords of her majesty’s privy council being informed that some of the members of the society for executing the laws concerning trade have seized goods that were imported contrary to the acts of parliament, and still retains them in their own custody and keeping without being delivered in to the magistrates to be cognised and burnt, conform to the tenor of the eight and twelfth acts of the eighth and ninth sessions of King William’s parliament, do therefor appoint and ordain all persons whatsoever that have seized goods imported contrary to the said acts, and which they have in their custody and keeping, instantly to deliver in the same to the magistrates of Edinburgh or next magistrate upon inventory to lie in their custody until cognised and burned. And for preventing the like abuse in time coming, do hereby appoint and ordain that when any goods are seized conform to the foresaid acts, the person that seized the same bring them immediately and without delay to the next magistrate, who is hereby appointed and ordained to receive the same from the seizers at whatever time of the day or night they be offered, and that the same goods at their delivery to the magistrate be sealed by the seizer and magistrate until inventories. And that the inventory be made with all convenient speed. And after they are inventories, appoint and ordain the magistrate without delay to proceed to cognise the same. And that after the goods so seized are cognised, the same to be cut in pieces so as to be useless for anything, and thereafter left in the hand of the magistrate, who is hereby appointed to attend himself and see the same burned in the accustomed place, and at the ordinary time of the day in manner prescribed in the foresaid acts of parliament. And appoint and ordain the foresaid magistrates to provide a sufficient guard, duly commanded, both to attend the goods when they are brought to be cognised, and at the burning that thereby all mobs and rabbles may be prevented. And ordain these present to be printed and published at the mercat cross of Edinburgh and other places needful that none may pretend ignorance Sic Subscribitur Tweeddale cancellor I.P.D. Rothes P.S. Loudoun Ruglen Hyndford Belhaven, George Baillie, John Cockburn, Adam Cockburn, W Anstruther, F Montgomrie, John Home.

1. NRS, PC1/53, 363.

1. NRS, PC1/53, 363.

Procedure, 20 February 1705, Edinburgh

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Att Edinburgh the Twentieth day of February Jaj vijc and fyve years

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Procedure

Approbation of the Committie for restraining the Import of prohibite Goods

Committie for considering the laws dischargeing the Import of prohibite goods, And how they may be putt to most effectuall execution, Att Edinburgh the Sixteinth day of February Jaj vijc and fyve, Sederunt Earle of Levine, Lords Ensteruther, Blaccader, Ormiestoun younger and the Provest of Edinburgh, The Earle of Levine elected preses, The Committie being informed that some of the members of the Societie for executeing the Laws anent trade, Have Seased goods that wer imported contrair to the Acts of Parliament, And Still retains them in ther own castody and keeping without being delyvered in to the Magistrat to be cognosced and brunt, Doe therfor offerr it as ther oppinion that all the goods which they have Seased wpon the accompt forsaid, And that are in ther custody, Should be by them instantly delyvered to the Magistrats of Edinburgh upon Inventar to ly in ther custody till cognosced and brunt, And that in tyme comeing when any goods are Seased, the persone that Seased, bring them imediatly and without delay to the nixt Magistrat, who Should be obleidged wpon his perrill to receive the Samen from them at whatever tyme of the day or night they be offerred, And that the Samen goods at the delyverie to the Magistrat be Sealled by the Seaser and Magistrat till Inventared And that the Inventar be made with all convenient Speed, And that after they are Inventared, the Magistrat without delay proceed to cognosce the Same, And after the goods are cognosced, that the Samen be cutt in pieces so as to be useless for any thing, And therafter Left in the hands of the Magistrat who is to attend himselfe and See the Samen burnt in the accustomed place, And att the ordinary tyme of the day, And that the Magistrats provyde ane Sufficient guard duly Commanded both to attend the goods while they are brought to be cognosced, and att the burneing, that therby all mobbs and rables may be prevented, The Lords of her Majesties Privie Counsell haveing this day considered the within report of the Committie appoynted for considering how the laws may be putt to most effectuall execution for hindering the Import of prohibite goods, And the Samen being read in ther presence, The Saids Lords have Approven, and heirby Approve therof, And appoynts the Same to be drawen out in the forme of ane Act that the Same may be published and printed.

At Edinburgh 20 February 1705

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Procedure

Approbation of the committee for restraining the import of prohibited goods

Committee for considering the laws discharging the import of prohibited goods, and how they may be putt to most effectual execution. At Edinburgh 16 February 1705, sederunt [David Melville] earl of Leven, [Sir William Anstruther] Lord Anstruther, [Sir John Home] laird of Blackadder, [John Cockburn] laird of Ormiston younger, and [Sir Patrick Johnston] lord provost of Edinburgh, the earl of Leven elected preses. The committee being informed that some of the members of the society for executing the laws concerning trade have seized goods that were imported contrary to the acts of parliament, and still retain them in their own custody and keeping without being delivered in to the magistrates to be cognised and burnt, do therefore offer it as their opinion that all the goods which they have seized upon the account foresaid, and that are in their custody, should be by them instantly delivered to the magistrates of Edinburgh upon inventory, to lie in their custody until cognised and burnt. And that in time coming when any goods are seized, the person that seized [them], bring them immediately and without delay to the next magistrate, who should be obliged upon his peril to receive the same from them at whatever time of the day or night they be offered. And that the same goods at their delivery to the magistrates be sealed by the seizer and magistrates until inventories. And that the inventory be made with all convenient speed. And that after they are inventoried, the magistrates without delay proceed to cognise the same. And after the goods are cognised, that the same be cut in pieces so as to be useless for anything, and thereafter left in the hands of the magistrate who is to attend himself and see the same burnt in the accustomed place, and at the ordinary time of the day. And that the magistrates provide a sufficient guard, duly commanded both to attend the goods while they are brought to be cognised, and at the burning, that thereby all mobs and rabbles may be prevented, the lords of her majesty’s privy council having this day considered the within report of the committee appointed for considering how the laws may be put to most effectual execution for hindering the import of prohibited goods, and the same being read in their presence, the said lords have approved, and hereby approve thereof, and appoint the same to be drawn out in the form of an act that the same may be published and printed.

1. NRS, PC1/53, 362-3.

1. NRS, PC1/53, 362-3.

Act, 20 February 1705, Edinburgh

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Att Edinburgh the Twentieth day of February Jaj vijc and fyve years

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Act

Act Appoynting Captain Greens papers to be delivered to the Clerk of the Admiralitie

Anent the petition given in and presented to the Lords of her Majesties Privie Counsell By Captain Thomas Green Commander of the Shipe Worchester, Captain John Madder, and remanent officers aboard the said shipe, Shewing That they might be the better enabled to exculpat and defend themselves In the Criminall proces Indyted against them befor the Judges of the high Court of Admiralitie, Craveing the saids Lords to grant warrand to the Clerks of Councill, to transmitt into the office of the high Court of Admiralitie, The Seall with a lignum vitae handle, which is pretended to be that of the Scots Affrican and Indian Company; And lykwayes to grant warrand for delyvering to them their Journalls, Commissions, orders, and other wrytts which wer by a Committie of the Saids Lords brought from their Shipe the Worchester, And are in the keeping either2 of the Committie, or the saids Lords ther Clerks, which wrytts the petitioners wer told by their Lauyers, wer absolutely necessary for ther defence, As also that the Saids Lords might be pleased to order that two of ther Company prisoners att Leith, And the four which wer in the Cannongat might be transmitted to the Tollbooth of Edinburgh, that ther Lawyers might have easie access, and Speak with the wholl Company together, as the said petition bears; The Lords of her Majesties Privie Counsell haveing considered the within Petition given in to them by Captain Thomas Green Comander of the Shipe the Worchester, Captain John Madder chiefe Mate, and remanent officers of the said Shipe and the Samen being read in ther presence, The Saids Lords Doe heirby Recommend to the Earle of Levine to delyver the haill wrytts and papers in his Custody belonging to the petitioners, with the Seall that hes ane lignum vites handle, Into the Clerks of Councill to be by them putt in the hands of the Clerk of the high Court of Admiralitie, And to Sir James Steuart her Majesties Advocat also to putt Such of the wrytts and papers as are in his Custodie in the hands of the said Clerk of the high Court of Admirality And appoynts and Ordains Roderick Mckenzie Clerk to the Affrican Company to delyver what books, papers, wrytts and others he hes in his custody belonging to the petitioners To the Said Clerk of the high Court of Admirality, to the effect the petitioners may have the inspection and use therof in ther tryall for pyrracie and other crymes befor the high Court of Admirality.

At Edinburgh 20 February 1705

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Act

Act appointing Captain Green’s papers to be delivered to the clerk of the admiralty

Concerning the petition given in and presented to the lords of her majesty’s privy council by Captain Thomas Green, commander of the ship Worcester, Captain John Madder, and remnant officers aboard the said ship, showing that they might be the better enabled to exculpate and defend themselves in the criminal process indicted against them before the judges of the high court of admiralty, craving the said lords to grant warrant to the clerks of council, to transmit into the office of the high court of admiralty, the seal with a lignum vitae handle, which is pretended to be that of the Scots African and Indian Company. And likewise to grant warrant for delivering to them their journals, commissions, orders, and other writs which were by a committee of the said lords brought from their ship the Worcester, and are in the keeping either of the committee, or the said lords their clerks, which writs the petitioners were told by their lawyers were absolutely necessary for their defence, As also that the said lords might be pleased to order that two of their company, prisoners at Leith, and the four which were in the Canongate might be transmitted to the tolbooth of Edinburgh, that their lawyers might have easy access, and speak with the whole company together, as the said petition bears. The lords of her majesty’s privy council having considered the within petition given in to them by Captain Thomas Green, commander of the ship the Worcester, Captain John Madder, chief mate, and remnant officers of the said ship, and the same being read in their presence, the said lords do hereby recommend to [David Melville] earl of Leven to deliver the whole writs and papers in his custody belonging to the petitioners, with the seal that has a lignum vitae handle, into the clerks of council, to be by them put in the hands of the clerk of the high court of admiralty. And to Sir James Stewart, her majesty’s advocate, also to put such of the writs and papers as are in his custody in the hands of the said clerk of the high court of admiralty. And appoint and ordain Roderick Mackenzie, clerk to the African Company, to deliver what books, papers, writs, and others he has in his custody belonging to the petitioners to the said clerk of the high court of admiralty, to the effect the petitioners may have the inspection and use thereof in their trial for piracy and other crimes before the high court of admiralty.

1. NRS, PC1/53, 361-2.

2. Insertion.

1. NRS, PC1/53, 361-2.

Order, 20 February 1705, Edinburgh

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Att Edinburgh the Twentieth day of February Jaj vijc and fyve years

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Order

Instructions to Captain Campbell

By the Lords of her Majesties most honourable Privie Counsell, The Instructions following are given to Captain Matthew Campbell Commander of her Majesties Shipe The Dumbartoun Castell, In prosecution, and for better executeing his Commission, And to be by him punctuallie observed wpon his perrill, /1o/ Yow are to be in readieness and Saill from Newport Glasgow to the Mouth of Clyde against the tenth day of March nixt to come wind and weather Serving. 2o/ And from thence yow are to cruize betwixt the Isle of Tarrie and the Mule of Galloway And from that the length of Lambie Island2 near Dubline, And to take and have wnder your protection and Convoy all vessells and Ships belonging to her Majesties Subjects that Shall fall in yor way in that cruise, And conduct them Safely to ther respective ports. 3o/ Yow are to defend yorselfe and Ships wnder yor Convoy against all her Majesties enemies whither French or Spaniards, and all others with whom her Majestie is at present engaged in warr who Shall presume to attack yow, to the outermost of yor power, And to endeavor by all your force to Subdue them, and bring them in as pryze, And to be declaired Such. 4o/ Yow are also as yow find occasion and yorselfe in condition to attack and Sett upon all her Majesties enemyes, And endeavour by all your force to Subdue them, and Seaze ther Ships and goods. 5o/ Yow are also to Search all Ships goeing to or comeing from France and Spain or any of the dominions belonging to the saids kingdoms, And if yow find them carrieing Counterband goods to any enemyes Countrie, To Sease them, ther Ships and haill goods, and bring them in as pryze. 6o/ Yow are to observe the tyme of yor cruising, and all other articles contained in yor Contract with the Lords of her Majesties Theasaurie. 7o/ Yow are carefully from tyme to tyme to advyse ws of all that occurrs dureing yor cruise; Given at Edinburgh the Twentieth day of February Jaj vijc and fyve years Sic Subscribitur Tweddale Cancellar I.P.D.

At Edinburgh 20 February 1705

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Order

Instructions to Captain Campbell

By the lords of her majesty’s most honourable privy council, the instructions following are given to Captain Matthew Campbell, commander of her majesty’s ship the Dumbarton Castle, in prosecution and for better executing his commission, and to be by him punctually observed upon his peril. /1/ You are to be in readiness and sail from Newport Glasgow to the mouth of Clyde against 10 March next to come, wind and weather serving. /2/ And from thence you are to cruise between the isle of Tiree and the Mull of Galloway, and from that the length of Lambay Island near Dublin, and to take and have under your protection and convoy all vessels and ships belonging to her majesty’s subjects that shall fall in your way in that cruise, and conduct them safely to their respective ports. /3/ You are to defend yourself and ships under your convoy against all her majesty’s enemies, whether French or Spaniards, and all others with whom her majesty is at present engaged in war, who shall presume to attack you, to the utmost of your power, and to endeavour by all your force to subdue them, and bring them in as prize, and to be declared Such. /4/ You are also as you find occasion and yourself in condition to attack and set upon all her majesty’s enemies, and endeavour by all your force to subdue them, and seize their ships and goods. /5/ You are also to search all ships going to or coming from France and Spain, or any of the dominions belonging to the said kingdoms, and if you find them carrying contraband goods to any enemy country, to seize them, their ships, and whole goods, and bring them in as prize. /6/ You are to observe the time of your cruising, and all other articles contained in your contract, with the lords of her majesty’s treasury. /7/ You are carefully from time to time to advise us of all that occurs during your cruise. Given at Edinburgh 20 February 1705 Sic Subscribitur Tweeddale chancellor I.P.D.

1. NRS, PC1/53, 361.

2. The letter ‘s’ scored out here.

1. NRS, PC1/53, 361.

Sederunt, 20 February 1705, Edinburgh

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Att Edinburgh the Twentieth day of February Jaj vijc and fyve years1

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Sederunt

Lord Chancellor; Marquis of Annandale P.C.; Earl of Rothes P.S.; Marquis of Lothian; Earl of Buchan; Earl of Loudoun; Earl of Levine; Earl of Ruglen; Earl of Hyndfurd; Earl of Roseberrie; Lord Ballhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Ensteruther; Mr Fr Montgomrie; Laird of Blaccader; Laird of Ormiestoun younger; Lord Provest of Edinburgh

At Edinburgh 20 February 17051

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Sederunt

[John Hay, marquis of Tweeddale] lord chancellor; [William Johnston] marquis of Annandale, president of council; [John Leslie] earl of Rothes, lord privy seal; [William Kerr] marquis of Lothian; [David Erskine] earl of Buchan; [Hugh Campbell] earl of Loudoun; [David Melville] earl of Leven; [John Hamilton] earl of Ruglen; [John Carmichael] earl of Hyndford; [Archibald Primrose] earl of Rosebery; [John Hamilton] Lord Belhaven; [Sir James Stewart of Goodtrees] lord advocate; [George Baillie of Jerviswood] lord treasurer depute; [Adam Cockburn] lord justice clerk; [Sir William Anstruther] Lord Anstruther; 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, 361.

2. NRS, PC1/53, 361.

1. NRS, PC1/53, 361.

2. NRS, PC1/53, 361.

Decreet, 15 February 1705, Edinburgh

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Att Edinburgh the Fyfteinth day of February Jaj vijc and fyve years

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Decreet

Decreet of Suspension The Agent for the Kirk against Doctor Waddell

Anent the Letters of Suspensione raised and purchased befor the Lords of her Majesties Privie Counsell at the instance of Doctor Richard Waddell late Archdean of St Andrews, Mentioneing That wher the Said Complainer is lately charged by vertue of Letters of horning raised at the instance of John Blair Agent for the Kirk; with concourse of her Majesties Advocat, To remove furth and from the Town and parishine of St Andrews, And not to returne therto, or reside in any pairt within the Same, And that in obedience to ane decreet of Counsell pronounced against him In anno Jaj vic nyntie one, Within ane certaine Short Space nixt after the chanrge, wnder the paine of rebellion and putting of him to the horne, and for his alleadged disobedience, the said charger, hes at least intends to denounce the said Complainer her Majesties rebell, and putt him to the horne, most wrongeously and wnjustly, Considering it is of veritie that the pretended decreit, wherwpon the Complainer was charged, being ane decreit of banishment in anno Jaj vic nyntie one, the Samen is taken off by her Majesties late gracious Generall Indemnitie, And whatever might have been alleadged against the Complainer befor, Yet his very enemyes could not accuse him of the least disloyaltie to her Majestie (whom he prayers, God Long preserve) Since her happie accession to the throne, and as a demonstration of his Loyalltie and good affection to her Majesties Royall persone and Government, He was one of the first, who at her Majesties accession to the Throne, did address her, And hath hitherto continued in all dutifull Submission and obedience to her Majestie, And resolves So to doe, as in dutie he reckons himselfe bound, And therfor the Said pretended Letters and charge ought to be Suspended; And Anent the charge given to the said John Blair Charger To have Compeared befor the Lords of her Majesties Privie Counsell at a certaine now bypast To have heard and Seen the Said decreit, haill effect and execution therof Suspended wpon the Complainer in tyme comeing, As the Saids Letters of Suspension bears, The which proces at the instance of John Blair Agent for the Kirk against Mr Richard Waddell late Archdean of St Andrews being the 8 instant Called, and the persewer Compearing, and the defender being absent though oft tymes called, The Lords of her Majesties Privie Counsell assignes the fyfteinth day of February instant to the defender to Compeir with certification etc Therafter wpon the day and date of thir presents the said proces at the instance of John Blair Agent for the Kirk Against Mr Richard Waddell late Arch-dean of St Andrews being called, And the charge and the Suspension putt in the Clerks hands, and pairties Compearing at the barr, And answers for the said Mr Richard Waddell Suspender being read, and the Lord Justice Clerk haveing desyred of the Lord Chancellor that Sir Patrick Home Advocat for the Suspender might Signe his answers, which he refuseing to doe, pairties wer removed, and after Some reasoning theron, pairties being Called in, the said Sir Patrick was again by the Lord Chancellor desyred either to Signe the Saids answers, or to withdraw them, Which he refuseing, But the Said Mr Richard Waddell withdrawing them himselfe, pairties Advocats wer heard verbally att the barr debate wpon the matter, And removed, The Lords of her Majesties Privie Counsell haveing considered the forsaid charge and Suspension therof with the debate made by the Advocats theron, They Repell the reasons of Suspension in respect, of the answers made therto, And Finds the Letters orderly proceeded Against the Suspender, and ordains the Same to be putt to further execution In all poynts.

At Edinburgh 15 February 1705

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Decreet

Decreet of suspension the agent for the Kirk against Dr Waddell

Concerning the letters of suspension raised and purchased before the lords of her majesty’s privy council at the instance of Dr Richard Waddell, late archdean of St Andrews, mentioning that where the said complainer is lately charged by virtue of letters of horning raised at the instance of John Blair, agent for the Kirk, with concourse of her majesty’s advocate, to remove forth and from the town and parish of St Andrews, and not to return thereto, or reside in any part within the same, and that in obedience to an decreet of council pronounced against him in 1691, within a certain short space next after the charge, under the pain of rebellion and putting of him to the horn, and for his alleged disobedience, the said charger has, [or] at least intends to denounce the said complainer her majesty’s rebel, and put him to the horn, most wrongeously and unjustly, considering it is of verity that the pretended decreet, whereupon the complainer was charged, being a decreit of banishment in 1691, the same is taken off by her majesty’s late gracious general indemnity, and whatever might have been alleged against the complainer before. Yet his very enemies could not accuse him of the least disloyalty to her majesty (whom he prayers, God long preserve) since her happy accession to the throne, and as a demonstration of his loyalty and good affection to her majesty’s royal person and government, he was one of the first, who at her majesty’s accession to the throne, did address her, and has hitherto continued in all dutiful submission and obedience to her majesty, and resolves so to doe, as in duty he reckons himself bound. And therefore the said pretended letters and charge ought to be suspended. And concerning the charge given to the said John Blair, charger, to have appeared before the lords of her majesty’s privy council at a certain [time] now bypast to have heard and seen the said decreet, whole effect, and execution thereof suspended upon the complainer in time coming, as the said letters of suspension bear. The which process at the instance of John Blair, agent for the Kirk, against Mr Richard Waddell, late archdean of St Andrews, being [n] 8 instant called, and the pursuer appearing, and the defender being absent though often called, the lords of her majesty’s privy council assigns 15 February instant to the defender to appear with certification etc. Thereafter upon the day and date of these present the said process at the instance of John Blair, agent for the Kirk, against Mr Richard Waddell, late archdean of St Andrews, being called, and the charge and the suspension put in the clerk’s hands, and parties appearing at the bar, and answers for the said Mr Richard Waddell, suspender, being read, and [Adam Cockburn] lord justice clerk having desired of [John Hay, marquis of Tweeddale] lord chancellor that Sir Patrick Home, advocate for the suspender, might sign his answers, which he refusing to do, parties were removed, and after some reasoning thereon, parties being called in, the said Sir Patrick was again by the lord chancellor desired either to sign the said answers, or to withdraw them, which he refusing, but the Said Mr Richard Waddell withdrawing them himself, parties’ advocates were heard verbally at the bar debate upon the matter, and removed, the lords of her majesty’s privy council having considered the foresaid charge and suspension thereof, with the debate made by the advocates thereon, they repel the reasons of suspension in respect of the answers made thereto, and find the letters orderly proceeded against the suspender, and ordain the same to be put to further execution in all points.

1. NRS, PC1/53, 360.

1. NRS, PC1/53, 360.