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Procedure: committee formed, 30 August 1704, Edinburgh

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Procedure: committee formed

Committee for publict occurrances

His Grace her Majesties high Commissioner, And the Lords of Her Majesties privie Councill Doe heirby Nominat and Appoint The Marques of Annandale, Duke of Atholl, Duke of Argyle, Marques of Lothian, The Earles of Crafoord, Marr Buchan, Eglingtoun, Lauderdale, Loudoun, Findlatter, Northesk, Forfar, Roseberry, Hopetoun and Dunmore, Viscount of Primrose, Lords president of Session, Advocat, Justice Clerk, Halcraig, Anstruther, Rankeillor, Phesdo, and Tillecultrie, Livt Generall Ramsay and Mr Francis Montgomerie, The Lairds of Collingtoun, Carnwath and Prestongrange, and the Lord Provest of Edinburgh; To be a Committee for publict occurrances Dureing the ensueing vacance, With power to them to meett upon particular Exigencies, And Declares any five of them, a sufficient Quorum.

At Holyroodhouse the Thretty day of August Jaj vijc and four years

A1704/8/121

Procedure: committee formed

Committee for publict occurrances

His Grace her Majesties high Commissioner, And the Lords of Her Majesties privie Councill Doe heirby Nominat and Appoint The Marques of Annandale, Duke of Atholl, Duke of Argyle, Marques of Lothian, The Earles of Crafoord, Marr Buchan, Eglingtoun, Lauderdale, Loudoun, Findlatter, Northesk, Forfar, Roseberry, Hopetoun and Dunmore, Viscount of Primrose, Lords president of Session, Advocat, Justice Clerk, Halcraig, Anstruther, Rankeillor, Phesdo, and Tillecultrie, Livt Generall Ramsay and Mr Francis Montgomerie, The Lairds of Collingtoun, Carnwath and Prestongrange, and the Lord Provest of Edinburgh; To be a Committee for publict occurrances Dureing the ensueing vacance, With power to them to meett upon particular Exigencies, And Declares any five of them, a sufficient Quorum.

1. NRS, PC1/53, 272.

1. NRS, PC1/53, 272.

Proclamation, 30 August 1704, Edinburgh

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Proclamation

Proclamation for a Solemn Nationall Thanksgiveing

Ann By the Grace of God Queen of Great Brittain France and Ireland Defender of the faith To our Lovits […] Macers of our privie Councill, Pursevants, Messengers, at arms our sherriffs in that pairt, Conjunctlie and seaverallie speciallie Constitute Greetting Forasmuch as the great and signal blessings bestowed by God of his Infinite goodness upon this Church and Nation with the Great and manyfold mercies conferred upon our sacred person and Government, And particularly the late success granted to our forces and these of our Allies by sea and Land, and the glorious and wonderfull work of God in the victories over the French and Bavarians armies, Doe call upon us, and all our good subjects, To return praise and Thanksgiveing to the God of Hosts, Who hath bestowed those signal blessings and mercies upon us and them. And the Ministers and ruleing Elders of the Commission of the General assembly of this our antient Kingdome haveing addressed themselves to the Lords of our privie Councill to interpose their authority that a day of Solemn publict Thanksgiveing may be appointed to be religiously observed through out this our Kingdome for the causes above specified. Therefore we with advice of the Lords2 our privie Councill, Doe appoint and Command, That the fifth day of October nixt to come be religiously and devoutly observed as a solemn day of publict Thanksgiveing by all persons within this Kingdome, for returning most hearty and humble thanks and accknowledgement to the Divine goodness for his signall blessings and mercies bestowed upon us and our people And particularly for the success of our arms, and those of our Allies, by sea and Land, and the wonderfull work of God in the victories over the French and Bavarians, and for poureing out frequent prayers to God through Jesus Christ, That he would grant grace to all concerned, to make a Right improvement of soe great blessings, Continue and encrease his favours towards us, and that God may long preserve and eminently bless our person and Government, and direct to guide our Councills, Continue to prosper our forces by sea and Land, with those of our Allies, for breaking and bringing doun the power of the French King, till he be noe more able to oppress, And that God would be gracious to his reformed Churches, Continue the Gospell in Brittain and Ireland, and bless it with success, and to the effect our pleasure in the premisses may be knowen. Our Will is herefore And we charge yow strictly and Command, That incontinent thir our Letters seen ye pass, To the mercat Cross of Edinburgh, And to the mercat Crosses of the remanent head burghs of the several shyres within this Kingdome, And of the Steuartries of Kirkcudbright, Annandale, and Orkney. And there in our name and authority make publication heirof that non pretend Ignorance; And ordains our solicitor, to send printed Copies heirof to the sherriffs of the severall shyres and stewarts of the Stewartries forsaid, or there Deputs, Whom we ordaine to see the same published, And appoints them or there Clerks to send doubles thereof to all the Ministers within their respective Jurisdictions, That the same may be read and intimat by them in their respective Churches upon the Lords day immediately preceeding the said fyfth day of October nixt With Certification to such who shall contemnor Neglect so religious and important a duty as the Thanksgiveing heirby appointed is, they shall be proceeded against and punished as contemners of our authority and as highly disaffected to our person and Government. And ordaines these presents to be printed and published as aforsaid. Given under our signet Att Holyroodhouse the Thirty day of August 1704. And of our Rigne the Thrid year.

At Holyroodhouse the Thretty day of August Jaj vijc and four years

A1704/8/111

Proclamation

Proclamation for a Solemn Nationall Thanksgiveing

Ann By the Grace of God Queen of Great Brittain France and Ireland Defender of the faith To our Lovits […] Macers of our privie Councill, Pursevants, Messengers, at arms our sherriffs in that pairt, Conjunctlie and seaverallie speciallie Constitute Greetting Forasmuch as the great and signal blessings bestowed by God of his Infinite goodness upon this Church and Nation with the Great and manyfold mercies conferred upon our sacred person and Government, And particularly the late success granted to our forces and these of our Allies by sea and Land, and the glorious and wonderfull work of God in the victories over the French and Bavarians armies, Doe call upon us, and all our good subjects, To return praise and Thanksgiveing to the God of Hosts, Who hath bestowed those signal blessings and mercies upon us and them. And the Ministers and ruleing Elders of the Commission of the General assembly of this our antient Kingdome haveing addressed themselves to the Lords of our privie Councill to interpose their authority that a day of Solemn publict Thanksgiveing may be appointed to be religiously observed through out this our Kingdome for the causes above specified. Therefore we with advice of the Lords2 our privie Councill, Doe appoint and Command, That the fifth day of October nixt to come be religiously and devoutly observed as a solemn day of publict Thanksgiveing by all persons within this Kingdome, for returning most hearty and humble thanks and accknowledgement to the Divine goodness for his signall blessings and mercies bestowed upon us and our people And particularly for the success of our arms, and those of our Allies, by sea and Land, and the wonderfull work of God in the victories over the French and Bavarians, and for poureing out frequent prayers to God through Jesus Christ, That he would grant grace to all concerned, to make a Right improvement of soe great blessings, Continue and encrease his favours towards us, and that God may long preserve and eminently bless our person and Government, and direct to guide our Councills, Continue to prosper our forces by sea and Land, with those of our Allies, for breaking and bringing doun the power of the French King, till he be noe more able to oppress, And that God would be gracious to his reformed Churches, Continue the Gospell in Brittain and Ireland, and bless it with success, and to the effect our pleasure in the premisses may be knowen. Our Will is herefore And we charge yow strictly and Command, That incontinent thir our Letters seen ye pass, To the mercat Cross of Edinburgh, And to the mercat Crosses of the remanent head burghs of the several shyres within this Kingdome, And of the Steuartries of Kirkcudbright, Annandale, and Orkney. And there in our name and authority make publication heirof that non pretend Ignorance; And ordains our solicitor, to send printed Copies heirof to the sherriffs of the severall shyres and stewarts of the Stewartries forsaid, or there Deputs, Whom we ordaine to see the same published, And appoints them or there Clerks to send doubles thereof to all the Ministers within their respective Jurisdictions, That the same may be read and intimat by them in their respective Churches upon the Lords day immediately preceeding the said fyfth day of October nixt With Certification to such who shall contemnor Neglect so religious and important a duty as the Thanksgiveing heirby appointed is, they shall be proceeded against and punished as contemners of our authority and as highly disaffected to our person and Government. And ordaines these presents to be printed and published as aforsaid. Given under our signet Att Holyroodhouse the Thirty day of August 1704. And of our Rigne the Thrid year.

1. NRS, PC1/53, 271-2.

2. The phrase ‘the Lords’ is an insertion.

1. NRS, PC1/53, 271-2.

2. The phrase ‘the Lords’ is an insertion.

Warrant, 30 August 1704, Edinburgh

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Warrant

Warrand for ane Thanksgiveing day

Anent the address given in and presented To His Grace her Majesties high Commissioner, And the Lords of Her Majesties most honourable privie Councill By the Ministers and ruling Elders members of the Commission of the Generall Assembly Shewing That the petitioners considering Notwithstanding of their manyfold and hainous provocations; Yet God hath blessed this Church and Nation, with great and manyfold mercies, And particularly of late, in the success granted to the forces of Her Majestie, and Allies, by sea and Land, and that glorious and wonderfull work of God, in the Victories over the French and Bavarian army: Doe find it our duty to invite and exhort people of all ranks in this Church and Kingdome, To solemn praise and Thanksgiveing for these and all his mercies: And to poure out frequent prayers to God, through Jesus Christ, And that he would grant Grace to all concerned to make aright improvement of soe great blessings, That our sins may not provock God to change his way, But that being led by the Goodness of God to repentance, We may obtain pardon of our former sins, and continuance and encrease of his favours towards us. That God may long preserve and eminently bless Her Majesties person and Government, and direct and guide her Councills Continue to prosper her Forces by sea and Land, with these of Her allies for breaking and bringing doun, the power of the French King, till he be noe more able to oppress, And that God would be gracious to his reformed Churches, Continue the Gospell in Brittain and Ireland, and bless it with success, and that there may be allwayes one to sitt upon the thron over us, Who may be a nursing father or Mother to the Church. And therefore Craveing to the effect aftermentioned As the said petition Bears. His Grace her Majesties high Commissioner, And the Lords of Her Majesties privie Councill Haveing considered the petition Given into them By the Commission of the Generall assembly: And the samen being read in there presence The saids Lords Appoints ane Proclamation for a publict Thanksgiveing throw the whole Kingdome To be keept upon the first Thursday of October next, In the termes of and for the reasons Contained in the said petition And the said Proclamation being prepared The samen were read and ordered to be recorded published and printed.

At Holyroodhouse the Thretty day of August Jaj vijc and four years

A1704/8/101

Warrant

Warrand for ane Thanksgiveing day

Anent the address given in and presented To His Grace her Majesties high Commissioner, And the Lords of Her Majesties most honourable privie Councill By the Ministers and ruling Elders members of the Commission of the Generall Assembly Shewing That the petitioners considering Notwithstanding of their manyfold and hainous provocations; Yet God hath blessed this Church and Nation, with great and manyfold mercies, And particularly of late, in the success granted to the forces of Her Majestie, and Allies, by sea and Land, and that glorious and wonderfull work of God, in the Victories over the French and Bavarian army: Doe find it our duty to invite and exhort people of all ranks in this Church and Kingdome, To solemn praise and Thanksgiveing for these and all his mercies: And to poure out frequent prayers to God, through Jesus Christ, And that he would grant Grace to all concerned to make aright improvement of soe great blessings, That our sins may not provock God to change his way, But that being led by the Goodness of God to repentance, We may obtain pardon of our former sins, and continuance and encrease of his favours towards us. That God may long preserve and eminently bless Her Majesties person and Government, and direct and guide her Councills Continue to prosper her Forces by sea and Land, with these of Her allies for breaking and bringing doun, the power of the French King, till he be noe more able to oppress, And that God would be gracious to his reformed Churches, Continue the Gospell in Brittain and Ireland, and bless it with success, and that there may be allwayes one to sitt upon the thron over us, Who may be a nursing father or Mother to the Church. And therefore Craveing to the effect aftermentioned As the said petition Bears. His Grace her Majesties high Commissioner, And the Lords of Her Majesties privie Councill Haveing considered the petition Given into them By the Commission of the Generall assembly: And the samen being read in there presence The saids Lords Appoints ane Proclamation for a publict Thanksgiveing throw the whole Kingdome To be keept upon the first Thursday of October next, In the termes of and for the reasons Contained in the said petition And the said Proclamation being prepared The samen were read and ordered to be recorded published and printed.

1. NRS, PC1/53, 270.

1. NRS, PC1/53, 270.

Order, 30 August 1704, Edinburgh

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A1704/8/91

Order

Recommendation To the Theasaurie to aggree with a shipe To carry the French prisoners to New-Castle

His Grace her Majesties high Commissioner, And the Lords of her Majesties privie Councill Doe heirby Recommend to the Lords Commissioners of Her Majesties Theasaurie To aggree with a shipe to goe from Leith to New Castle, and carry on board thereof, and delyver at the said port, The French prisoners lying in the Tolbooths of Edinburgh, Cannongate and Leith, with Peter Dalaloun French man now prisoner in the Tolbooth of Edinburgh: And Appoints and Ordaines Captain Gordon Commander of Her Majesties Frigat the Royall Mary to goe and convoy the said ship from Leith to New Castle, and to bring her with what Scots ships are lying there under his convoy back againe to Leith.

At Holyroodhouse the Thretty day of August Jaj vijc and four years

A1704/8/91

Order

Recommendation To the Theasaurie to aggree with a shipe To carry the French prisoners to New-Castle

His Grace her Majesties high Commissioner, And the Lords of her Majesties privie Councill Doe heirby Recommend to the Lords Commissioners of Her Majesties Theasaurie To aggree with a shipe to goe from Leith to New Castle, and carry on board thereof, and delyver at the said port, The French prisoners lying in the Tolbooths of Edinburgh, Cannongate and Leith, with Peter Dalaloun French man now prisoner in the Tolbooth of Edinburgh: And Appoints and Ordaines Captain Gordon Commander of Her Majesties Frigat the Royall Mary to goe and convoy the said ship from Leith to New Castle, and to bring her with what Scots ships are lying there under his convoy back againe to Leith.

1. NRS, PC1/53, 269.

1. NRS, PC1/53, 269.

Act, 30 August 1704, Edinburgh

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A1704/8/81

Act

Act banishing Captain Livingstoun

Anent the petition given in and presented To his Grace her Majesties high Commissioner, And the Lords of Her Majesties privie Councill By Captain John Livingstoun late of her Majesties Royall Regiment of foot. Shewing That their Lordships in July last, haveing banished and ordained the petitioner, to remove himselfe furth of the Kingdome against the first of September nixt. And Seeing he is bailed for that effect, As also not to converse with any of Her Majesties Rebells or to cross the Forth: And that he hes behaved himselfe dureing his aboad heir with all due regaird to the Government and their Lordships orders. And that of a long time he hes been under a visible decay and come to this Kingdome by advice of Phisicians for the benefite of his native air, as the last remedie: So that a removeall there from may prove mortall to him: att least that the state of his health cannot allow a sudden removall with out the extream danger of his life As ane testificat under the hand of a Doctor and Chirurgeon on soull and conscience heirwith produced testifies. And Seeing he hes been a stranger heir these Twenty years bygone, Whereby and the present confynment he hes been and is depryved (to his greiff) of occasion to visit his mother in the shyre of Mairnes, who by reason of great age and sickness incident therto is unable to come hither. And therefore humbly Craveing their Lordships To take the petitioners hard2 case and Circumstances to consideration: And from their ordinary clemencie and mercie to take of his sentence of Banishment and restraint: Or at least that their Lordships would prorogat the diet of this Banishment and removeall: To such a time as their Lordships shall think fitt: And in that case to allow him the liberty (if it please God to Enable him) to visit his mother and other relations in this Country As the said petition Bears. His Grace her Majesties high Commissioner And the Lords of Her Majesties privie Councill: Haveing considered the petition given into them By Captain John Livingstoun Late of Her Majesties Royall Regiment of foot: And the samen being read in their presence His Grace and the saids Lords Doe heirby prorogate the petitioners diet and time of his banishment and removall furth of this Kingdome from the first day of September nixt to the first day of January thereafter in the year Jaj vijc and five And allowes the petitioner, to goe to the Countrie and visit his mother and other relations: Upon his giveing Bond and finding sufficient Caution acted in the books of privie Councill That he shall depart furth of this Kingdome Betuixt and the first day of January nixt: And in the mean tyme that he shall live peaceablie under and with all submission to Her Majesties present Government And that he shall not act consult nor contrive anything to the prejudice thereof. Nor converse nor Correspond with any of Her Majesties Rebells or Enemies, And that he shall appear before the Councill or Committee therof when called, under the penalty of One Thousand merks scots money In case he transgress any pairt of the premisses.

At Holyroodhouse the Thretty day of August Jaj vijc and four years

A1704/8/81

Act

Act banishing Captain Livingstoun

Anent the petition given in and presented To his Grace her Majesties high Commissioner, And the Lords of Her Majesties privie Councill By Captain John Livingstoun late of her Majesties Royall Regiment of foot. Shewing That their Lordships in July last, haveing banished and ordained the petitioner, to remove himselfe furth of the Kingdome against the first of September nixt. And Seeing he is bailed for that effect, As also not to converse with any of Her Majesties Rebells or to cross the Forth: And that he hes behaved himselfe dureing his aboad heir with all due regaird to the Government and their Lordships orders. And that of a long time he hes been under a visible decay and come to this Kingdome by advice of Phisicians for the benefite of his native air, as the last remedie: So that a removeall there from may prove mortall to him: att least that the state of his health cannot allow a sudden removall with out the extream danger of his life As ane testificat under the hand of a Doctor and Chirurgeon on soull and conscience heirwith produced testifies. And Seeing he hes been a stranger heir these Twenty years bygone, Whereby and the present confynment he hes been and is depryved (to his greiff) of occasion to visit his mother in the shyre of Mairnes, who by reason of great age and sickness incident therto is unable to come hither. And therefore humbly Craveing their Lordships To take the petitioners hard2 case and Circumstances to consideration: And from their ordinary clemencie and mercie to take of his sentence of Banishment and restraint: Or at least that their Lordships would prorogat the diet of this Banishment and removeall: To such a time as their Lordships shall think fitt: And in that case to allow him the liberty (if it please God to Enable him) to visit his mother and other relations in this Country As the said petition Bears. His Grace her Majesties high Commissioner And the Lords of Her Majesties privie Councill: Haveing considered the petition given into them By Captain John Livingstoun Late of Her Majesties Royall Regiment of foot: And the samen being read in their presence His Grace and the saids Lords Doe heirby prorogate the petitioners diet and time of his banishment and removall furth of this Kingdome from the first day of September nixt to the first day of January thereafter in the year Jaj vijc and five And allowes the petitioner, to goe to the Countrie and visit his mother and other relations: Upon his giveing Bond and finding sufficient Caution acted in the books of privie Councill That he shall depart furth of this Kingdome Betuixt and the first day of January nixt: And in the mean tyme that he shall live peaceablie under and with all submission to Her Majesties present Government And that he shall not act consult nor contrive anything to the prejudice thereof. Nor converse nor Correspond with any of Her Majesties Rebells or Enemies, And that he shall appear before the Councill or Committee therof when called, under the penalty of One Thousand merks scots money In case he transgress any pairt of the premisses.

1. NRS, PC1/53, 268-9.

2. Insertion.

1. NRS, PC1/53, 268-9.

2. Insertion.

Act, 30 August 1704, Edinburgh

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A1704/8/71

Act

Act Infavours of John Steill

Anent the petition given in and presented To his Grace Her Majesties high Commissioner, And the Right Honourable The Lords of Her Majesties privie Councill By John Steill son to Patrick Steill vintner in Edinburgh Shewing That soon after David Baillie was taken up Last Winter, The petitioner had the misfortune to be committed to prison for suspition of his haveing keept a Criminall Correspondance with the said Mr Baillie: But upon Examination of papers, there was nothing found to give the least ground for any such accusation; after which he was sett at liberty on his finding Baile to answer when called for. The petitioner scarse breathed a little liberty after seaveral weeks confynment when he was againe taken upon and incarcerat till he should renew the Bail. Being conscious of his oun Innocency and haveing ane enteir confidence in His Grace and there Lordships Justice, He humbly presume to lay his afflicting Circumstances before their Lordships He was bred to be a Merchant but his fathers condition not alloweing him to provyd the petitioner a Compitent Stock to follow out his Employment He was necessitat to continue in his family till a better settlement of his affaires should enable him to put him in a way to doe for himselfe He was pleased to Enact himselfe Bail for his appearance, And neither then nor yet is the petitioner able to find better security The petitioner ever was and still is ready to live peaceably and dutyfully under Her Majesties Government Nor is there any Crime of that nature that can be objected against the petitioner By his tedious Confynment, The petitioner is not only to be frustrat of any means of a Livelyhood, But by his weak and sickly constitution he is in great danger of lossing his lyfe unless speedily prevented By his Grace, and their Lordships goodness and Justice And therefore Craveing to the effect aftermentioned As the said petition Bears His Grace her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing considered the above petition given into them By John Steill son to Patrick Steill vintner in Edinburgh And the samen being read in there presence His Grace and the saids Lords Doe heirby Appoint and Ordaine the petitioner to be sett at Liberty furth of the Tolbooth of Edinburgh upon his giveing bond and finding the said Patrick Steill Cautioner That he shall attend the Councill and Committee thereof when called: And not depart furth of this Kingdome; And in the mean tyme that he shall live peaceablie under and with all submission to Her Majesties Government And that he shall not Act consult nor contryve anything to the prejudice thereof Nor converse nor Correspond with any of Her Majesties Rebells and Enemies And that under the penalty of One Thousand merks scots money In case he transgress any pairt of the premisses And gives order and warrand to the Magistrats of Edinburgh and keeper of their Tolbooth to sett the petitioner at Liberty upon his giveing Bond and finding Caution as said is.

At Holyroodhouse the Thretty day of August Jaj vijc and four years

A1704/8/71

Act

Act Infavours of John Steill

Anent the petition given in and presented To his Grace Her Majesties high Commissioner, And the Right Honourable The Lords of Her Majesties privie Councill By John Steill son to Patrick Steill vintner in Edinburgh Shewing That soon after David Baillie was taken up Last Winter, The petitioner had the misfortune to be committed to prison for suspition of his haveing keept a Criminall Correspondance with the said Mr Baillie: But upon Examination of papers, there was nothing found to give the least ground for any such accusation; after which he was sett at liberty on his finding Baile to answer when called for. The petitioner scarse breathed a little liberty after seaveral weeks confynment when he was againe taken upon and incarcerat till he should renew the Bail. Being conscious of his oun Innocency and haveing ane enteir confidence in His Grace and there Lordships Justice, He humbly presume to lay his afflicting Circumstances before their Lordships He was bred to be a Merchant but his fathers condition not alloweing him to provyd the petitioner a Compitent Stock to follow out his Employment He was necessitat to continue in his family till a better settlement of his affaires should enable him to put him in a way to doe for himselfe He was pleased to Enact himselfe Bail for his appearance, And neither then nor yet is the petitioner able to find better security The petitioner ever was and still is ready to live peaceably and dutyfully under Her Majesties Government Nor is there any Crime of that nature that can be objected against the petitioner By his tedious Confynment, The petitioner is not only to be frustrat of any means of a Livelyhood, But by his weak and sickly constitution he is in great danger of lossing his lyfe unless speedily prevented By his Grace, and their Lordships goodness and Justice And therefore Craveing to the effect aftermentioned As the said petition Bears His Grace her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing considered the above petition given into them By John Steill son to Patrick Steill vintner in Edinburgh And the samen being read in there presence His Grace and the saids Lords Doe heirby Appoint and Ordaine the petitioner to be sett at Liberty furth of the Tolbooth of Edinburgh upon his giveing bond and finding the said Patrick Steill Cautioner That he shall attend the Councill and Committee thereof when called: And not depart furth of this Kingdome; And in the mean tyme that he shall live peaceablie under and with all submission to Her Majesties Government And that he shall not Act consult nor contryve anything to the prejudice thereof Nor converse nor Correspond with any of Her Majesties Rebells and Enemies And that under the penalty of One Thousand merks scots money In case he transgress any pairt of the premisses And gives order and warrand to the Magistrats of Edinburgh and keeper of their Tolbooth to sett the petitioner at Liberty upon his giveing Bond and finding Caution as said is.

1. NRS, PC1/53, 267-8.

1. NRS, PC1/53, 267-8.

Act, 30 August 1704, Edinburgh

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A1704/8/61

Act

Act Infavours of Captain McCleod and Captain McKinnon

Anent the petition given in and presented To His Grace Her Majesties High Commissioner And the Right Honourable The Lords of Her Majesties privie Councill By Captain Neill McCleod, and Charles McKinnon prisoners in the Tolbooth of Edinburgh. Shewing That whereas their Lordships petitioners was in the moneth of December Last Siezed and Incarcerate in the Tolbooth of Edinburgh by their Lordships order and being examined by a Committee of their Lordships number thereto gave full satisfaction of all that was asked at them very Ingeniously, so far as we know, as the said Committee will declare, They have since that time endured a Long and Languishing imprisonment to the great prejudice of their concerns, vast Expence, and insupportable fatigue of the said Captaine McCleod his wife, with a sucking child, besides the other troubles araising from their Confynment: And seeing the petitioner when at Liberty will have his residence in town of Edinburgh or Suburbs, and soe be ready to answer their Lordships Call, Whenever their Lordships shall think fitt to requyre his Compearance. And therefore Craveing to the effect aftermentioned As the said petition Bears. His Grace Her Majesties high Commissioner, And the Lords of Her Majesties Majesties2 privie Councill Haveing considered the above petition given into them By Captain McCleod, and Charles McKinnen prisoners in the Tolbooth of Edinburgh: And the samen being Read in their presence His Grace and the saids Lords Doe heirby Appoint and Ordaine the petitioners to be sett at Libertie furth of the Tolbooth of Edinburgh Upon their giveing Bond and finding sufficient Caution acted in the books of privie Councill each of them under the penalty of One Thousand Merks scots money That they shall attend the Councill and Committee thereof when called And shall not depairt furth of this Kingdome And in the mean tyme That they shall live peaceablie under and with all submission to the present Government, And that they shall not act Consult nor Contryve any thing to the prejudice therof, Nor converse nor Correspond with any of Her Majesties Rebells or Enemies under the penaltie forsaid in case they transgress any pairt of the premisses And gives warrand to the Magistrats of Edinburgh and keeper of their Tolbooth, To sett the petitioner at Liberty furth thereof upon their giveing Bond and finding sufficient Caution as said is And that without payment of house dews And Recommends the keeper of the Tolbooth To the Lords Commissioners of Her Majesties Theasaurie for payment of the house dews as said is, for the time the petitioners hes been in prison.

At Holyroodhouse the Thretty day of August Jaj vijc and four years

A1704/8/61

Act

Act Infavours of Captain McCleod and Captain McKinnon

Anent the petition given in and presented To His Grace Her Majesties High Commissioner And the Right Honourable The Lords of Her Majesties privie Councill By Captain Neill McCleod, and Charles McKinnon prisoners in the Tolbooth of Edinburgh. Shewing That whereas their Lordships petitioners was in the moneth of December Last Siezed and Incarcerate in the Tolbooth of Edinburgh by their Lordships order and being examined by a Committee of their Lordships number thereto gave full satisfaction of all that was asked at them very Ingeniously, so far as we know, as the said Committee will declare, They have since that time endured a Long and Languishing imprisonment to the great prejudice of their concerns, vast Expence, and insupportable fatigue of the said Captaine McCleod his wife, with a sucking child, besides the other troubles araising from their Confynment: And seeing the petitioner when at Liberty will have his residence in town of Edinburgh or Suburbs, and soe be ready to answer their Lordships Call, Whenever their Lordships shall think fitt to requyre his Compearance. And therefore Craveing to the effect aftermentioned As the said petition Bears. His Grace Her Majesties high Commissioner, And the Lords of Her Majesties Majesties2 privie Councill Haveing considered the above petition given into them By Captain McCleod, and Charles McKinnen prisoners in the Tolbooth of Edinburgh: And the samen being Read in their presence His Grace and the saids Lords Doe heirby Appoint and Ordaine the petitioners to be sett at Libertie furth of the Tolbooth of Edinburgh Upon their giveing Bond and finding sufficient Caution acted in the books of privie Councill each of them under the penalty of One Thousand Merks scots money That they shall attend the Councill and Committee thereof when called And shall not depairt furth of this Kingdome And in the mean tyme That they shall live peaceablie under and with all submission to the present Government, And that they shall not act Consult nor Contryve any thing to the prejudice therof, Nor converse nor Correspond with any of Her Majesties Rebells or Enemies under the penaltie forsaid in case they transgress any pairt of the premisses And gives warrand to the Magistrats of Edinburgh and keeper of their Tolbooth, To sett the petitioner at Liberty furth thereof upon their giveing Bond and finding sufficient Caution as said is And that without payment of house dews And Recommends the keeper of the Tolbooth To the Lords Commissioners of Her Majesties Theasaurie for payment of the house dews as said is, for the time the petitioners hes been in prison.

1. NRS, PC1/53, 266-7.

2. Sic.

1. NRS, PC1/53, 266-7.

2. Sic.

Sederunt, 30 August 1704, Edinburgh

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At Holyroodhouse the Thretty day of August Jaj vijc and four years1

A1704/8/52

Sederunt

Her Majesties Commissioner; Lord Chancellor; Duke of Atholl p:S:; Earl of Cromarty S:; Earl of Crafoord; Earl of Erroll; Earl of Sutherland; Earl of Marr; Earl of Buchan; Earl of Eglingtoun; Earl of Loudoun; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Kintore; Earl of Dunmore; Earl of Hyndfoord; Lord Haddo; Lord Register; Lord Justice Clerk; Lord Anstruther; Mr Fran: Montgomery; Laird of Collingtoun

At Holyroodhouse the Thretty day of August Jaj vijc and four years1

A1704/8/52

Sederunt

Her Majesties Commissioner; Lord Chancellor; Duke of Atholl p:S:; Earl of Cromarty S:; Earl of Crafoord; Earl of Erroll; Earl of Sutherland; Earl of Marr; Earl of Buchan; Earl of Eglingtoun; Earl of Loudoun; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Kintore; Earl of Dunmore; Earl of Hyndfoord; Lord Haddo; Lord Register; Lord Justice Clerk; Lord Anstruther; Mr Fran: Montgomery; Laird of Collingtoun

1. NRS, PC1/53, 266.

2. NRS, PC1/53, 266.

1. NRS, PC1/53, 266.

2. NRS, PC1/53, 266.

Warrant, 7 August 1704, Edinburgh

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Att Holyroodhouse the seventh day of August Jaj vijc and Four years

A1704/8/41

Warrant

Warrant to the Clerks of Councill To delyver up the Commission and Instruction of the French privateirs To the Clerks of Admirality upon Recept

His Grace her Majesties high Commissioner, And Lords of Her Majesties privie Councill Doe heirby Give order and warrand to their Clerks To delyver up to the Clerk of Admirality The Commission and other Instructiones of the privateir Called the Marmedon of Dunkirk upon his recept of the samen.

Att Holyroodhouse the seventh day of August Jaj vijc and Four years

A1704/8/41

Warrant

Warrant to the Clerks of Councill To delyver up the Commission and Instruction of the French privateirs To the Clerks of Admirality upon Recept

His Grace her Majesties high Commissioner, And Lords of Her Majesties privie Councill Doe heirby Give order and warrand to their Clerks To delyver up to the Clerk of Admirality The Commission and other Instructiones of the privateir Called the Marmedon of Dunkirk upon his recept of the samen.

1. NRS, PC1/53, 265.

1. NRS, PC1/53, 265.

Procedure, 7 August 1704, Edinburgh

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Att Holyroodhouse the seventh day of August Jaj vijc and Four years

A1704/8/31

Procedure

Recommendation to His Grace The Lord High Commissioner, The Lords Chancellor and secretary to wryt to Court anent the French prisoners

His Grace her Majesties high Commissioner, And Lords of Her Majesties privie Councill, Doe heirby Recommend to the Lord Commissioner his Grace, The Lord High Chancellor and Secretary To wryt to Court in name of the Board anent the French prisoners taken by Captain Gordon: That it may please Her Majestie to order the saids prisoners to be receaved at New Castle, and detained there till a Convenient occasion of Exchangeing them with Brittish prisoners, or otherwayes to order a shipe to come to the Road of Leith and receave them there, To be transported and Exchanged as said is

Att Holyroodhouse the seventh day of August Jaj vijc and Four years

A1704/8/31

Procedure

Recommendation to His Grace The Lord High Commissioner, The Lords Chancellor and secretary to wryt to Court anent the French prisoners

His Grace her Majesties high Commissioner, And Lords of Her Majesties privie Councill, Doe heirby Recommend to the Lord Commissioner his Grace, The Lord High Chancellor and Secretary To wryt to Court in name of the Board anent the French prisoners taken by Captain Gordon: That it may please Her Majestie to order the saids prisoners to be receaved at New Castle, and detained there till a Convenient occasion of Exchangeing them with Brittish prisoners, or otherwayes to order a shipe to come to the Road of Leith and receave them there, To be transported and Exchanged as said is

1. NRS, PC1/53, 265.

1. NRS, PC1/53, 265.