Tag Archives: acta

Procedure, 18 February 1704, Edinburgh

Posted on by

Edinburgh The Eighteen day of February One Thousand seven Hundereth and four years

A1704/2/531

Procedure

Ane Bundle of papers anent the plot With a Letter from the Duke of Queensberry and ane other from the Marques of Annandale To the Lord Advocat to be laid befoir the Councill

The Lord Advocat Haveing produced to the Councill ane Bundle of papers under seall Directed on the Back Coppie, Letters and papers of further Inquyrie annent the plott To be laid befoir the Councill and the samen being opponed and read Togither also with ane Letter from the Duke of Queensberry to the Advocat To be communicat to the Councill and declarate of the Marques of Annandale with declarate By Mr Steuart secretary to the Duke off Queensberry Being also read The Councill appoynts the samen To remaine in the Lord Advocats Custody with the other papers that were formerly sent to the Councill thereanent for the use of the Committee And the Lord Advocats privat Remarks therupon Which were accordingly at the Board taken up by the advocat.

Edinburgh The Eighteen day of February One Thousand seven Hundereth and four years

A1704/2/531

Procedure

Ane Bundle of papers anent the plot With a Letter from the Duke of Queensberry and ane other from the Marques of Annandale To the Lord Advocat to be laid befoir the Councill

The Lord Advocat Haveing produced to the Councill ane Bundle of papers under seall Directed on the Back Coppie, Letters and papers of further Inquyrie annent the plott To be laid befoir the Councill and the samen being opponed and read Togither also with ane Letter from the Duke of Queensberry to the Advocat To be communicat to the Councill and declarate of the Marques of Annandale with declarate By Mr Steuart secretary to the Duke off Queensberry Being also read The Councill appoynts the samen To remaine in the Lord Advocats Custody with the other papers that were formerly sent to the Councill thereanent for the use of the Committee And the Lord Advocats privat Remarks therupon Which were accordingly at the Board taken up by the advocat.

1. NRS, PC1/53, 159.

1. NRS, PC1/53, 159.

Procedure, 18 February 1704, Edinburgh

Posted on by

Edinburgh The Eighteen day of February One Thousand seven Hundereth and four years

A1704/2/521

Procedure

[Buchan elected Preses]

In absence of the Lord Chancellor and Lord president of privie Councill The Earle of Buchan Elected preces

Edinburgh The Eighteen day of February One Thousand seven Hundereth and four years

A1704/2/521

Procedure

[Buchan elected Preses]

In absence of the Lord Chancellor and Lord president of privie Councill The Earle of Buchan Elected preces

1. NRS, PC1/53, 159.

1. NRS, PC1/53, 159.

Sederunt, 18 February 1704, Edinburgh

Posted on by

Edinburgh The Eighteen day of February One Thousand seven Hundereth and four years1

A1704/2/512

Sederunt

Marquis of Lothian; Earl of Buchan; Earl of Eglintoun; Earl of Lauderdale; Earl of Loudoun; Earl of Findlatter; Earl of Northesk; Earl of Dunmore; Earl of Roseberry; Earl of Glasgow T:D:; Viscount Primrose; Lord Haddo; Lord President of Sessione; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Anstruther; Lord Rankeillor; Lord Phesdo; Lord Tillecultrie; Mr Fran: Montgomry; Laird of Prestongrange; Lord Provost of Edinburgh

Edinburgh The Eighteen day of February One Thousand seven Hundereth and four years1

A1704/2/512

Sederunt

Marquis of Lothian; Earl of Buchan; Earl of Eglintoun; Earl of Lauderdale; Earl of Loudoun; Earl of Findlatter; Earl of Northesk; Earl of Dunmore; Earl of Roseberry; Earl of Glasgow T:D:; Viscount Primrose; Lord Haddo; Lord President of Sessione; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Anstruther; Lord Rankeillor; Lord Phesdo; Lord Tillecultrie; Mr Fran: Montgomry; Laird of Prestongrange; Lord Provost of Edinburgh

1. NRS, PC1/53, 159.

2. NRS, PC1/53, 159.

1. NRS, PC1/53, 159.

2. NRS, PC1/53, 159.

Warrant, 15 February 1704, Edinburgh

Posted on by

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/501

Warrant

Warrant for Liberating John and Donald Frazers

The Lords of Her Majesties privy Councill Doe heirby Give order and warrant To the Magistrats of Edinburgh and keepers of their Tolbuith To set at libertie John Frazer brother to Kilduthell and Donald Frazer postmaster of Inverness without Executing of any house In respect they have given Bond and found sufficient Cautione acted in the Books of privie Councill for keeping the pace and Compeiring befoir the Councill when called for.

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/501

Warrant

Warrant for Liberating John and Donald Frazers

The Lords of Her Majesties privy Councill Doe heirby Give order and warrant To the Magistrats of Edinburgh and keepers of their Tolbuith To set at libertie John Frazer brother to Kilduthell and Donald Frazer postmaster of Inverness without Executing of any house In respect they have given Bond and found sufficient Cautione acted in the Books of privie Councill for keeping the pace and Compeiring befoir the Councill when called for.

1. NRS, PC1/53, 158.

1. NRS, PC1/53, 158.

Order, 15 February 1704, Edinburgh

Posted on by

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/491

Order

Recommendation to the Committee anent the plote To meet and Examin Steill and Frazers

The Lords of Her Majesties privy Councill Recommends To the Committee formerly appoynted anent ill practices against the Government To meet to morrow morning at nyne of the Clock To examine […] Steill and […] Frazers prisoners in the Tolbuith of Edinburgh and continowes the quorum as formerly.

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/491

Order

Recommendation to the Committee anent the plote To meet and Examin Steill and Frazers

The Lords of Her Majesties privy Councill Recommends To the Committee formerly appoynted anent ill practices against the Government To meet to morrow morning at nyne of the Clock To examine […] Steill and […] Frazers prisoners in the Tolbuith of Edinburgh and continowes the quorum as formerly.

1. NRS, PC1/53, 158.

1. NRS, PC1/53, 158.

Act, 15 February 1704, Edinburgh

Posted on by

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/481

Act

Act Infavours off David Baillie

Anent The petition Given in and presented To the Lords of Her Majesties privy Councill By David Baillie son to the deceased George Baillie of Mannerhall Shewing That where as The petitioner is Conveened befoir their Lordships at the Instance of Her Majesties Advocat for alleadged leasing making and other pretended crimes lybled And seing it is necessary That the petitioner have advocats with whom he may consult and who may appear for him and plead his cause And the petitioner Haveing made choyse of Sir Patrick Home, Sir David Cunynghame Mr David Forbes, Mr Alexr McCleod, Sir John Erskine, Mr James Hamilton, and Mr Alexr Arbuthnet But they declyne to consult or appear for the petitioner in this matter unless they have ther Lordships order and warrand for that effect And Therfore Humbly creaving That their Lordships might be pleased to give order and warrand to the saids advocats and such others as the petitioner shall Imploy to consult and appear for him in the said cause as the said petition Bears The Lords of Her Majesties privy Councill Haveing considered the above petition Giveing into them By David Baillie sone to the deceast George Baillie of Mannerhall and the samen being read in their presence The saids Lords Doe heirby allow The petitioner to Imploy such advocats as he thinks fitt and allowes the advocats so to be Imployed by him To Compear and plead for him in the action persewed at the Instance of Her Majesties Advocat against him befoir their Lordships.

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/481

Act

Act Infavours off David Baillie

Anent The petition Given in and presented To the Lords of Her Majesties privy Councill By David Baillie son to the deceased George Baillie of Mannerhall Shewing That where as The petitioner is Conveened befoir their Lordships at the Instance of Her Majesties Advocat for alleadged leasing making and other pretended crimes lybled And seing it is necessary That the petitioner have advocats with whom he may consult and who may appear for him and plead his cause And the petitioner Haveing made choyse of Sir Patrick Home, Sir David Cunynghame Mr David Forbes, Mr Alexr McCleod, Sir John Erskine, Mr James Hamilton, and Mr Alexr Arbuthnet But they declyne to consult or appear for the petitioner in this matter unless they have ther Lordships order and warrand for that effect And Therfore Humbly creaving That their Lordships might be pleased to give order and warrand to the saids advocats and such others as the petitioner shall Imploy to consult and appear for him in the said cause as the said petition Bears The Lords of Her Majesties privy Councill Haveing considered the above petition Giveing into them By David Baillie sone to the deceast George Baillie of Mannerhall and the samen being read in their presence The saids Lords Doe heirby allow The petitioner to Imploy such advocats as he thinks fitt and allowes the advocats so to be Imployed by him To Compear and plead for him in the action persewed at the Instance of Her Majesties Advocat against him befoir their Lordships.

1. NRS, PC1/53, 157-8.

1. NRS, PC1/53, 157-8.

Letter: from the Council, 15 February 1704, Edinburgh

Posted on by

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/471

Letter: from the Council

Letter from the Councill To His Grace The Duke of Ormond Lord Livet of Ireland anent Hunters shipe

May it please your Grace
One Hyndman belonging to Ireland comeing with his vessell loaded with a Thousand Bolls of Irish meall to Scotland conterary to our Lawes againest such Import And being laufully seized in our Scots seas or watters was by sentance of the Lords of privy Councill legally confiscat And yet the Lords of Councill are informed That a Scots vessell belonging to William Hunter Master and owner goeing to Londonderry under the conduct of William Curry skipper Is there arreisted at the Instance of Hyndmans owners by way of Reprysall Which is certainly ane abuse that your Grace will condemn as tending visibly to the breach of the good correspondence that ought to be keept betuixt Her Majesties Kingdomes And Therfore Wee have thought fitt to accquaint your Grace with what hath happned That yow may cause Mr Hunters shipe to be2 restored with all damages And Lykewayes take cair on your pairt as we shall be ever cairfull on ours that the good Correspondence betuixt the Two Kingdomes may be intertained and contained as heitherto it hes been observed Signed in name presence and by warrand of the Lords of Her Majesties privy Councill By May it please your Grace, Your Graces most Humble servant sic subscribitur Eglintoune I:P:D Edinburgh the 15th February 1704
Directed thus To his Grace The Duke of Ormond Lord Livet of Ireland.

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/471

Letter: from the Council

Letter from the Councill To His Grace The Duke of Ormond Lord Livet of Ireland anent Hunters shipe

May it please your Grace
One Hyndman belonging to Ireland comeing with his vessell loaded with a Thousand Bolls of Irish meall to Scotland conterary to our Lawes againest such Import And being laufully seized in our Scots seas or watters was by sentance of the Lords of privy Councill legally confiscat And yet the Lords of Councill are informed That a Scots vessell belonging to William Hunter Master and owner goeing to Londonderry under the conduct of William Curry skipper Is there arreisted at the Instance of Hyndmans owners by way of Reprysall Which is certainly ane abuse that your Grace will condemn as tending visibly to the breach of the good correspondence that ought to be keept betuixt Her Majesties Kingdomes And Therfore Wee have thought fitt to accquaint your Grace with what hath happned That yow may cause Mr Hunters shipe to be2 restored with all damages And Lykewayes take cair on your pairt as we shall be ever cairfull on ours that the good Correspondence betuixt the Two Kingdomes may be intertained and contained as heitherto it hes been observed Signed in name presence and by warrand of the Lords of Her Majesties privy Councill By May it please your Grace, Your Graces most Humble servant sic subscribitur Eglintoune I:P:D Edinburgh the 15th February 1704
Directed thus To his Grace The Duke of Ormond Lord Livet of Ireland.

1. NRS, PC1/53, 157.

2. Insertion.

1. NRS, PC1/53, 157.

2. Insertion.

Letter: from the Council, 15 February 1704, Edinburgh

Posted on by

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/461

Letter: from the Council

Letter from the Councill To The Earle of Cromerty Lord Secretary of State for Scotland anent Hunters Shipe

My Lord
One Hyndman comeing from Ireland into our Scots watters as the same are Expresly bounded by the act of parliament 1672: Dischairging the Importatione of Irish victwall And being there seised with a loadning of Ane Thousand bolls of Irish meall The loadning and vessell was by sentance of privy Councill confiscat upon most clear grounds of Law And yet wee understand that a Scotts vessell belonging to William Hunter goeing to Londonderry under the Conduct of William Currie skipper is there arreisted by way of Reprisall as if the Lords of Councill had committed unjustice in judging according to our Lawes Which is a practice that wee Judge inconsistant with that Correspondence which ought to be betwixt her Majesties Kingdomes since wee would not Expect such a treatment from any Kingdome or state in the world in amity with her Majestie albeit not subject to her Impire And Therfore The Lords of Councill have ordered me to signifie to your Lordship in their name that this matter should be laid befoir her Majesty To the effect she may give such directiones to the Lord Livetennent of Ireland and others in the Government there as this abuse may be remeaded and Mr Hunters shipe restored with damnages and the lyke prevented in tyme comeing Signed in name presence and by warrand of the Lords of Her Majesties privy Councill By, My Lord your Lordships most humble servant sic subscribitur Eglintoun I:P:D.
Edinburgh the 15th February 1704
Directed thus To the Right Honourable the Earle of Cromerty principall secretar of state for Scotland London.

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/461

Letter: from the Council

Letter from the Councill To The Earle of Cromerty Lord Secretary of State for Scotland anent Hunters Shipe

My Lord
One Hyndman comeing from Ireland into our Scots watters as the same are Expresly bounded by the act of parliament 1672: Dischairging the Importatione of Irish victwall And being there seised with a loadning of Ane Thousand bolls of Irish meall The loadning and vessell was by sentance of privy Councill confiscat upon most clear grounds of Law And yet wee understand that a Scotts vessell belonging to William Hunter goeing to Londonderry under the Conduct of William Currie skipper is there arreisted by way of Reprisall as if the Lords of Councill had committed unjustice in judging according to our Lawes Which is a practice that wee Judge inconsistant with that Correspondence which ought to be betwixt her Majesties Kingdomes since wee would not Expect such a treatment from any Kingdome or state in the world in amity with her Majestie albeit not subject to her Impire And Therfore The Lords of Councill have ordered me to signifie to your Lordship in their name that this matter should be laid befoir her Majesty To the effect she may give such directiones to the Lord Livetennent of Ireland and others in the Government there as this abuse may be remeaded and Mr Hunters shipe restored with damnages and the lyke prevented in tyme comeing Signed in name presence and by warrand of the Lords of Her Majesties privy Councill By, My Lord your Lordships most humble servant sic subscribitur Eglintoun I:P:D.
Edinburgh the 15th February 1704
Directed thus To the Right Honourable the Earle of Cromerty principall secretar of state for Scotland London.

1. NRS, PC1/53, 155-6.

1. NRS, PC1/53, 155-6.

Procedure, 15 February 1704, Edinburgh

Posted on by

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/451

Procedure

Two Letters prepaired by the Advocat one to the Lord Secretary and ane other to the Duke off Ormond anent Hunters Shipe

Her Majesties Advocat Haveing presented to the board Two Letters annent Hunters shipe arreisted in Ireland upon pretence of the confiscation of a shipe loaden with Irish victwall Imported into this Kingdome By on Hyndman Master of the said shipe The one of the Lord secretary of state to be laid befoir Her Majestie and the other to the Lord Livetenent of Ireland The same were read approven and Recommended to the Earle of Eglingtoun Lord president for the tyme to be signed by his Lordship In name of the Councill And appoynts the saids Letters to be Recorded wherof the tennors followes

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/451

Procedure

Two Letters prepaired by the Advocat one to the Lord Secretary and ane other to the Duke off Ormond anent Hunters Shipe

Her Majesties Advocat Haveing presented to the board Two Letters annent Hunters shipe arreisted in Ireland upon pretence of the confiscation of a shipe loaden with Irish victwall Imported into this Kingdome By on Hyndman Master of the said shipe The one of the Lord secretary of state to be laid befoir Her Majestie and the other to the Lord Livetenent of Ireland The same were read approven and Recommended to the Earle of Eglingtoun Lord president for the tyme to be signed by his Lordship In name of the Councill And appoynts the saids Letters to be Recorded wherof the tennors followes

1. NRS, PC1/53, 155-6.

1. NRS, PC1/53, 155-6.

Warrant, 15 February 1704, Edinburgh

Posted on by

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/441

Warrant

Warrand Recommending the advocat To raise a new proces against the Countes of Seaforth

Anent The petitione given in and presented to the Lords of Her Majesties privie Councill By Frances Countes younger of Seaforth Shewing That being persewed befoir your Lordships at the Instance of the Earle of Cromertie, and Lord Justice Clerk Two of the near Kinsmen of […] Earle of Seaforth my sone and of Her Majesties advocat for the petitioners alleadged sending of the said Earle beyond seas to be bred popish and for mentaining him there and therfore concluding that the certificatione of the seaverall acts of parliament lybled upone ought to be applyed to the petitioner and that she ought to withhold his Intertainment and bring him home This proces without being called and publictly heard was Committed and upon report of the Committee that they had not prevailled with the petitioner to bring the Earle her sone home Their Lordships By Interloquitor the seventh of February Instant admitted the lyble to probatione and granted dilligence againest witnesses to the Fyfteen As to which The petitioner asks liberty to represent That the petitioner hes neither means wherwith to mentaine herself nor to send her sone abroad and if he bee gone thither It was necessity for his Intertainment and noe Choyce of myne And if his freinds who persue for his Returne will Imploy the lyke pains for the preservation of his Estate That soe he may have the petitioners Joynture Its probable his Returne might be easie But to order his returne without ane fond for his provisione Is ane inconsistant hardshipe Which the petitioners looking in his face and he in hers bevailling each others callamities will not supplie Besides all this If2 The petitioner hade ane accessione to his goeing abroad which she denys she is indemnified and she cannot withdraw the Intertainment She was never able to afoord him. Seeing proces Befoir your Lordships are peremtore and that the witnesses ought to be citted to the same dyet with the pairtes and the pairte to be heard and object againest the witnesses all which is past over in the petitioners caice And Therfore creaving to the effect aftermentioned as the said petitione Bears The Lords of Her Majesties privy Councill haveing considered the above petition given into them By Francis Countes of Seaforth and the samen being read in their presence The saids Lords In respect that noe witnesses were cited upone the Lyble against the petitioner They Recommend to Sir James Steuart Her Majesties Advocat To raise ane new lyble at his Instance againest the said Lady for her takeing away of the Earle of Seaforth her sone and sending him overseas to be popishly bredd and cause Execute the same againest the said Countes of Seaforth and witnesses with all Expeditione and dispatch.

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/441

Warrant

Warrand Recommending the advocat To raise a new proces against the Countes of Seaforth

Anent The petitione given in and presented to the Lords of Her Majesties privie Councill By Frances Countes younger of Seaforth Shewing That being persewed befoir your Lordships at the Instance of the Earle of Cromertie, and Lord Justice Clerk Two of the near Kinsmen of […] Earle of Seaforth my sone and of Her Majesties advocat for the petitioners alleadged sending of the said Earle beyond seas to be bred popish and for mentaining him there and therfore concluding that the certificatione of the seaverall acts of parliament lybled upone ought to be applyed to the petitioner and that she ought to withhold his Intertainment and bring him home This proces without being called and publictly heard was Committed and upon report of the Committee that they had not prevailled with the petitioner to bring the Earle her sone home Their Lordships By Interloquitor the seventh of February Instant admitted the lyble to probatione and granted dilligence againest witnesses to the Fyfteen As to which The petitioner asks liberty to represent That the petitioner hes neither means wherwith to mentaine herself nor to send her sone abroad and if he bee gone thither It was necessity for his Intertainment and noe Choyce of myne And if his freinds who persue for his Returne will Imploy the lyke pains for the preservation of his Estate That soe he may have the petitioners Joynture Its probable his Returne might be easie But to order his returne without ane fond for his provisione Is ane inconsistant hardshipe Which the petitioners looking in his face and he in hers bevailling each others callamities will not supplie Besides all this If2 The petitioner hade ane accessione to his goeing abroad which she denys she is indemnified and she cannot withdraw the Intertainment She was never able to afoord him. Seeing proces Befoir your Lordships are peremtore and that the witnesses ought to be citted to the same dyet with the pairtes and the pairte to be heard and object againest the witnesses all which is past over in the petitioners caice And Therfore creaving to the effect aftermentioned as the said petitione Bears The Lords of Her Majesties privy Councill haveing considered the above petition given into them By Francis Countes of Seaforth and the samen being read in their presence The saids Lords In respect that noe witnesses were cited upone the Lyble against the petitioner They Recommend to Sir James Steuart Her Majesties Advocat To raise ane new lyble at his Instance againest the said Lady for her takeing away of the Earle of Seaforth her sone and sending him overseas to be popishly bredd and cause Execute the same againest the said Countes of Seaforth and witnesses with all Expeditione and dispatch.

1. NRS, PC1/53, 154-5.

2. Insertion.

1. NRS, PC1/53, 154-5.

2. Insertion.