Tag Archives: acta

Warrant, 12 February 1704, Edinburgh

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Edinburgh the Tuelf day of February One Thousand seven hundereth and [four] years

A1704/2/331

Warrant

Warrand declairing David Baillie refusing to give answers to the writtin Interogattors ane high contempt of the Councills authoritie

David Baillie brother to Mannerhill Being called to the Barr and being Interrogat if he had wrytten any answers to the Interrogators given him on Thursday last He answered he had not, nor would make any till he saw the Letter or Declaratione formerly Emitted by him and being desired to subscrive the answers he had made at the Barr on Thursday Last and which were dictat by him and writin by the Clerk he said he would not doe the same Wherupone he was removed and after some reasoning on the matter The Lords of Her Majesties privie Councill Found and Declaired That David Baillies saying He would not give answers to the writtin Interrogators given in on Thursday last and his persisting still to declair he would not doe the same and that he would not subscrive the answers made to the Councill and writtin by their Clerk was ane High and Insolent contempt of the authority of privy Councill.

Edinburgh the Tuelf day of February One Thousand seven hundereth and [four] years

A1704/2/331

Warrant

Warrand declairing David Baillie refusing to give answers to the writtin Interogattors ane high contempt of the Councills authoritie

David Baillie brother to Mannerhill Being called to the Barr and being Interrogat if he had wrytten any answers to the Interrogators given him on Thursday last He answered he had not, nor would make any till he saw the Letter or Declaratione formerly Emitted by him and being desired to subscrive the answers he had made at the Barr on Thursday Last and which were dictat by him and writin by the Clerk he said he would not doe the same Wherupone he was removed and after some reasoning on the matter The Lords of Her Majesties privie Councill Found and Declaired That David Baillies saying He would not give answers to the writtin Interrogators given in on Thursday last and his persisting still to declair he would not doe the same and that he would not subscrive the answers made to the Councill and writtin by their Clerk was ane High and Insolent contempt of the authority of privy Councill.

1. NRS, PC1/53, 150.

1. NRS, PC1/53, 150.

Procedure, 12 February 1704, Edinburgh

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Edinburgh the Tuelf day of February One Thousand seven hundereth and [four] years

A1704/2/321

Procedure

[Marr elected Preses]

In absence of the Lord High Chancellor, and Lord president of privie Councill The Earle of Marr Elected preces.

Edinburgh the Tuelf day of February One Thousand seven hundereth and [four] years

A1704/2/321

Procedure

[Marr elected Preses]

In absence of the Lord High Chancellor, and Lord president of privie Councill The Earle of Marr Elected preces.

1. NRS, PC1/53, 150.

1. NRS, PC1/53, 150.

Sederunt, 12 February 1704, Edinburgh

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Edinburgh the Tuelf day of February One Thousand seven hundereth and sex1 years2

A1704/2/313

Sederunt

Earl of Mar; Earl of Buchan; Earl of Eglingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Findlatter; Earl of Northesk; Earl of Dunmore; Earl of March; Earl of Hyndfoord; Earl of Roseberrie; Earl of Glasgow T:D:; Viscount Garnock; Viscount Primrose; Lord Haddo; Lord President of session; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Anstruther; Lord Rankeillor; Lord Phesdo; Lord Tillecultrie; Livt General Ramsay; Mr Fr: Montgomry; Sir Robert Sinclair; Laird of Cavers; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh

Edinburgh the Tuelf day of February One Thousand seven hundereth and sex1 years2

A1704/2/313

Sederunt

Earl of Mar; Earl of Buchan; Earl of Eglingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Findlatter; Earl of Northesk; Earl of Dunmore; Earl of March; Earl of Hyndfoord; Earl of Roseberrie; Earl of Glasgow T:D:; Viscount Garnock; Viscount Primrose; Lord Haddo; Lord President of session; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Anstruther; Lord Rankeillor; Lord Phesdo; Lord Tillecultrie; Livt General Ramsay; Mr Fr: Montgomry; Sir Robert Sinclair; Laird of Cavers; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh

1. Clerical error. This should read ‘four’.

2. NRS, PC1/53, 150.

3. NRS, PC1/53, 150.

1. Clerical error. This should read ‘four’.

2. NRS, PC1/53, 150.

3. NRS, PC1/53, 150.

Letter: royal, 11 February 1704, Edinburgh

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Edinburgh the Eleventh day of February One Thousand seven hundereth and four years

A1704/2/301

Letter: royal

Letter from the Councill To The Queen anent the Affrican Companies petition

Letter from the Councill to Her Majestie Anent the petitione given in By the Affrican Companie concerning the shipe the Annandale Being read the samen was voted approven and ordered to be recorded Wherof the tennor followes
May it please your Majestie
Wee have receaved from our Indian and Affrican Company a very heavy and greivous Representation and petition of the wrongs they have suffered by the seasing and spoiling off a shipe and Cargo belonging to them in the Douns and the Barbarous useage of the Crew and seamen All which iff trew we cannot but think conterary to the Law of Nationes and much more to the amity and good Correspondence that ought to be betuixt your Majesties Kingdome’s and Therfore We have thought Fit to transmit the aforsaid petitione with the Coppies off the affidavit and Missive Letter produced to us with it to your Secretaries to be laid befoir your Majestie That in your Royall wisdome your Majestie may cause full reparatione to be made to the Company as not only necessary but satisfieing of Justice But lykewayes for preserving and Mentaining the happie Union and good understanding that wee hope shall ever Continow Betuixt your Majesties said Kingdomes. May it please your Majestie, Your Majesties, most loyall, most faithfull, and most obedient subjects and servants sic subscribitur Mar P: Buchan, Eglingtoun, Lauderdale, Loudoun, Findlatter, Hyndfoord, Glasgow, Northesk, March, Roseberrie, Garnock, Primrose, Hew Dalrumple, JamesSteuart, A Hope, Robert Steuart, George Ramsay, F Montgomrie, Robert Sinclair, W Morisone, H Canynghame, Ar Douglass.

Edinburgh the Eleventh day of February One Thousand seven hundereth and four years

A1704/2/301

Letter: royal

Letter from the Councill To The Queen anent the Affrican Companies petition

Letter from the Councill to Her Majestie Anent the petitione given in By the Affrican Companie concerning the shipe the Annandale Being read the samen was voted approven and ordered to be recorded Wherof the tennor followes
May it please your Majestie
Wee have receaved from our Indian and Affrican Company a very heavy and greivous Representation and petition of the wrongs they have suffered by the seasing and spoiling off a shipe and Cargo belonging to them in the Douns and the Barbarous useage of the Crew and seamen All which iff trew we cannot but think conterary to the Law of Nationes and much more to the amity and good Correspondence that ought to be betuixt your Majesties Kingdome’s and Therfore We have thought Fit to transmit the aforsaid petitione with the Coppies off the affidavit and Missive Letter produced to us with it to your Secretaries to be laid befoir your Majestie That in your Royall wisdome your Majestie may cause full reparatione to be made to the Company as not only necessary but satisfieing of Justice But lykewayes for preserving and Mentaining the happie Union and good understanding that wee hope shall ever Continow Betuixt your Majesties said Kingdomes. May it please your Majestie, Your Majesties, most loyall, most faithfull, and most obedient subjects and servants sic subscribitur Mar P: Buchan, Eglingtoun, Lauderdale, Loudoun, Findlatter, Hyndfoord, Glasgow, Northesk, March, Roseberrie, Garnock, Primrose, Hew Dalrumple, JamesSteuart, A Hope, Robert Steuart, George Ramsay, F Montgomrie, Robert Sinclair, W Morisone, H Canynghame, Ar Douglass.

1. NRS, PC1/53, 149-50.

1. NRS, PC1/53, 149-50.

Letter: royal, 11 February 1704, Edinburgh

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Edinburgh the Eleventh day of February One Thousand seven hundereth and four years

A1704/2/291

Letter: royal

Letter from the Councill To Her Majestie anent the Duke of Atholls memoriall and Letter

Letter from the Councill to her Majestie anent the Duke of Atholl memoriall and Letter Read and ordered to be Recorded whereof the tenor follows.
May it please your Majestie
When wee were meet yesterday in Councill My Lord Dunmore one of our Member presented to the board a Letter sealled and Directed to the Lord president and Remanent Lords of your Majesties privie Councill with another open paper Entituled Memmoriall and Narrative to the Queen By the Duke of Atholl Giveing ane account of the discovery of Captain Simon Fraser and his accomplices and told us that boeth were from the Duke of Atholl his Brother The Letter wee laid aside unopned as Judgeing unproper for any Subject to address your Councill in the manner By way of Letter and wee also took notice That the other paper was a Memoriall a Narrative to your Majestie Which occasioned some surprize Because we hade receaved from your Majestie a full narrative of the plote with all the papers relating to it without any mention of this Wherupon my Lord Dunmore was asked iff the Duke of Atholl had signefied to him that he transmitted it to your Councill By your Majesties allowance But he owning noe such warrand and only offering the papper as haveing the honour to be of your Majesties Councill And judgeing it might be of use for the better discoverie of the plote wee allowed it to be read and Lykewayes that a Coppie should be made of it to remain with us towards the aforsaid discoverie But without any further proceedure Judged it our duty to return the principall Memoriall and Narrative to your Majestie as now wee doe that it being laid befoir your Majestie as it is directed wee might know your Majesties minde and plesure about it wee are May it please your Majestie Your Majesties most Loyall most faithfull and most obedient Subjects and servants sic subscribitur Mar P:; Buchan, Eglingtoun Lauderdale Loudoun, Findlatter, Hyndfoord, Glasgow, Northesk, March, Roseberrie, Garnock, Primrose, Hew Dalrumple, James Steuart, A Hope, Robert Steuart, George Ramsay, F Montgomrie, Robert Sinclair W Morisone H Cunynghame Ar: Douglass.

Edinburgh the Eleventh day of February One Thousand seven hundereth and four years

A1704/2/291

Letter: royal

Letter from the Councill To Her Majestie anent the Duke of Atholls memoriall and Letter

Letter from the Councill to her Majestie anent the Duke of Atholl memoriall and Letter Read and ordered to be Recorded whereof the tenor follows.
May it please your Majestie
When wee were meet yesterday in Councill My Lord Dunmore one of our Member presented to the board a Letter sealled and Directed to the Lord president and Remanent Lords of your Majesties privie Councill with another open paper Entituled Memmoriall and Narrative to the Queen By the Duke of Atholl Giveing ane account of the discovery of Captain Simon Fraser and his accomplices and told us that boeth were from the Duke of Atholl his Brother The Letter wee laid aside unopned as Judgeing unproper for any Subject to address your Councill in the manner By way of Letter and wee also took notice That the other paper was a Memoriall a Narrative to your Majestie Which occasioned some surprize Because we hade receaved from your Majestie a full narrative of the plote with all the papers relating to it without any mention of this Wherupon my Lord Dunmore was asked iff the Duke of Atholl had signefied to him that he transmitted it to your Councill By your Majesties allowance But he owning noe such warrand and only offering the papper as haveing the honour to be of your Majesties Councill And judgeing it might be of use for the better discoverie of the plote wee allowed it to be read and Lykewayes that a Coppie should be made of it to remain with us towards the aforsaid discoverie But without any further proceedure Judged it our duty to return the principall Memoriall and Narrative to your Majestie as now wee doe that it being laid befoir your Majestie as it is directed wee might know your Majesties minde and plesure about it wee are May it please your Majestie Your Majesties most Loyall most faithfull and most obedient Subjects and servants sic subscribitur Mar P:; Buchan, Eglingtoun Lauderdale Loudoun, Findlatter, Hyndfoord, Glasgow, Northesk, March, Roseberrie, Garnock, Primrose, Hew Dalrumple, James Steuart, A Hope, Robert Steuart, George Ramsay, F Montgomrie, Robert Sinclair W Morisone H Cunynghame Ar: Douglass.

1. NRS, PC1/53, 149.

1. NRS, PC1/53, 149.

Procedure, 11 February 1704, Edinburgh

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Edinburgh the Eleventh day of February One Thousand seven hundereth and four years

A1704/2/281

Procedure

[Marr elected Preses]

In absence of the Lord High Chancellor and Lord president of privie Councill The Earle of Marr Elected preces.

Edinburgh the Eleventh day of February One Thousand seven hundereth and four years

A1704/2/281

Procedure

[Marr elected Preses]

In absence of the Lord High Chancellor and Lord president of privie Councill The Earle of Marr Elected preces.

1. NRS, PC1/53, 149.

1. NRS, PC1/53, 149.

Sederunt, 11 February 1704, Edinburgh

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Edinburgh the Eleventh day of February One Thousand seven hundereth and four years1

A1704/2/272

Sederunt

Earl of Mar; Earl of Buchan; Earl of Eglingtoun; Earl of Loudoun; Earl of Findlatter; Earl of Northesk; Earl of Dunmore; Earl of March; Earl of Hyndfoord; Earl of Roseberry; Earl of Glasgow; Viscount Garnock; Viscount Primrose; Lord Haddo; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Halcraige; Lord Anstruther; Lord Tillecultrie; Mr Francis Montgomry; Sir Robert Sinclair; Laird of Cavers; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh

Edinburgh the Eleventh day of February One Thousand seven hundereth and four years1

A1704/2/272

Sederunt

Earl of Mar; Earl of Buchan; Earl of Eglingtoun; Earl of Loudoun; Earl of Findlatter; Earl of Northesk; Earl of Dunmore; Earl of March; Earl of Hyndfoord; Earl of Roseberry; Earl of Glasgow; Viscount Garnock; Viscount Primrose; Lord Haddo; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Halcraige; Lord Anstruther; Lord Tillecultrie; Mr Francis Montgomry; Sir Robert Sinclair; Laird of Cavers; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh

1. NRS, PC1/53, 148.

2. NRS, PC1/53, 148.

1. NRS, PC1/53, 148.

2. NRS, PC1/53, 148.

Act, 10 February 1704, Edinburgh

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Edinburgh The Tenth off February One Thousand seven Hundereth and four years

A1704/2/261

Act

Act Infavours off The Affrican Company

Anent The petition given in and presented To The Lords of Her Majesties privie Councill By the Court of Directors of the Company of Scotland Trading to Africa and the Indies Shewing That haveing in the year 1700 fitted out for the East Indies a Ship with a considerable Cargo, which was unfortunatly lost in the streights of Mallorca But the Cargo hapning to be saved and remaining in the hands of the Companie servants and factors there The Companie and such others as Joyned with them Did lately buy and fitt out at London at a very Considerable Chairge another shipe Called the Annandale in order cheifly to bring home the said Cargo That by the Instigatione of the English East India Company (as there is too much ground to suppose greater rigour and severities have been used in passing the Ships Entries at the Custome house at London than have ever been used to any Forreigners in amity with the English Nation2 That when the said shipe was fully cleared and Just ready to saill from the Douns the English East India Companie have by their officers and armed persones in a violent and arbitrary manner without any proces of Law or other legall authoritie and in breach of the Law of Nations Seized the said shipe forcible turned out most of the seamen and pretending to carry the shipe into Port, Struck her upon a Bank where she lay beating To her great damnage till high watter Took all the Cargo and guns ashoar as a prize to the English East India Company and left the Chairge of the shiep and Stores to the Laules Discreation of 40 or 50, louse felloues without Command who threaten to Divyde the spoyle amonge them as may more particularly appear by the annexed Coppie of ane affidavit taken befoir the Lord Cheife Justice of England and of a Missive Letter one that head And Therefore Creaving their Lordships To take the premisses into their serious consideration and take such immediat measures for procureing reparatione to the Natione in Generall and their Companie in particular of those Insupportable abuses as their Lordships In their profound wisdome shall seem meet and Expedient as the said petition bears The Lords of Her Majesties privy Councill Haveing considered the petitione Given into them By the Affrican Companie and the samen togither with the Coppie off the affidavit annent the shipe called the Annandale and a Coppie off of a Missive Letter thereannent Being read in their presence The saids Lords Doe heirby Recommend to Sir James Stewart Her Majesties advocat To prepair and bring into the Councill nixt Councill day ane Letter to be sent by the Councill To Her Majestie relaiting therto and appoynts ane double of the petitione to be therwith transmitted Togither with ane double of the affidavit and the Letters to be sent to the Secretatries3 To be laid befoir Her Majestie.

Edinburgh The Tenth off February One Thousand seven Hundereth and four years

A1704/2/261

Act

Act Infavours off The Affrican Company

Anent The petition given in and presented To The Lords of Her Majesties privie Councill By the Court of Directors of the Company of Scotland Trading to Africa and the Indies Shewing That haveing in the year 1700 fitted out for the East Indies a Ship with a considerable Cargo, which was unfortunatly lost in the streights of Mallorca But the Cargo hapning to be saved and remaining in the hands of the Companie servants and factors there The Companie and such others as Joyned with them Did lately buy and fitt out at London at a very Considerable Chairge another shipe Called the Annandale in order cheifly to bring home the said Cargo That by the Instigatione of the English East India Company (as there is too much ground to suppose greater rigour and severities have been used in passing the Ships Entries at the Custome house at London than have ever been used to any Forreigners in amity with the English Nation2 That when the said shipe was fully cleared and Just ready to saill from the Douns the English East India Companie have by their officers and armed persones in a violent and arbitrary manner without any proces of Law or other legall authoritie and in breach of the Law of Nations Seized the said shipe forcible turned out most of the seamen and pretending to carry the shipe into Port, Struck her upon a Bank where she lay beating To her great damnage till high watter Took all the Cargo and guns ashoar as a prize to the English East India Company and left the Chairge of the shiep and Stores to the Laules Discreation of 40 or 50, louse felloues without Command who threaten to Divyde the spoyle amonge them as may more particularly appear by the annexed Coppie of ane affidavit taken befoir the Lord Cheife Justice of England and of a Missive Letter one that head And Therefore Creaving their Lordships To take the premisses into their serious consideration and take such immediat measures for procureing reparatione to the Natione in Generall and their Companie in particular of those Insupportable abuses as their Lordships In their profound wisdome shall seem meet and Expedient as the said petition bears The Lords of Her Majesties privy Councill Haveing considered the petitione Given into them By the Affrican Companie and the samen togither with the Coppie off the affidavit annent the shipe called the Annandale and a Coppie off of a Missive Letter thereannent Being read in their presence The saids Lords Doe heirby Recommend to Sir James Stewart Her Majesties advocat To prepair and bring into the Councill nixt Councill day ane Letter to be sent by the Councill To Her Majestie relaiting therto and appoynts ane double of the petitione to be therwith transmitted Togither with ane double of the affidavit and the Letters to be sent to the Secretatries3 To be laid befoir Her Majestie.

1. NRS, PC1/53, 147-8.

2. Closing bracket missing.

3. Sic.

1. NRS, PC1/53, 147-8.

2. Closing bracket missing.

3. Sic.

Warrant, 10 February 1704, Edinburgh

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Edinburgh The Tenth off February One Thousand seven Hundereth and four years

A1704/2/251

Warrant

Warrand to the Clerks of Councill to give David Baillie Doubles of his Interogattors etc

The Lords of Her Majesties privie Councill Haveing called befoir them David Baillie prisoner, And haveing Read over to him the Interrogattors marked by the Earle off Marr president for the tyme and he being requyred to make answer therto in wrytting Refused to doe the samen And therafter the samen Being read to him Each Interrogator separatly gave the answers therto ut in scriptis and as marked by the president of the Councill for the tyme In regaird Baillie Refused to signe the samen which they thought not satisfactory Wherfore The saids Lords ordained their Macers to carry him back to closs prison And appoints and ordaines The Clerks of Councill To Delyver to him ane Double off the saids Interrogators Togither with the Three sheet off paper all marked with the Lord Advocats mark and allowed the said Baillie pen and Ink That soe he may make his answers to the above Queries and Interrogators in wrytting when nixt Called.

Edinburgh The Tenth off February One Thousand seven Hundereth and four years

A1704/2/251

Warrant

Warrand to the Clerks of Councill to give David Baillie Doubles of his Interogattors etc

The Lords of Her Majesties privie Councill Haveing called befoir them David Baillie prisoner, And haveing Read over to him the Interrogattors marked by the Earle off Marr president for the tyme and he being requyred to make answer therto in wrytting Refused to doe the samen And therafter the samen Being read to him Each Interrogator separatly gave the answers therto ut in scriptis and as marked by the president of the Councill for the tyme In regaird Baillie Refused to signe the samen which they thought not satisfactory Wherfore The saids Lords ordained their Macers to carry him back to closs prison And appoints and ordaines The Clerks of Councill To Delyver to him ane Double off the saids Interrogators Togither with the Three sheet off paper all marked with the Lord Advocats mark and allowed the said Baillie pen and Ink That soe he may make his answers to the above Queries and Interrogators in wrytting when nixt Called.

1. NRS, PC1/53, 147.

1. NRS, PC1/53, 147.

Order, 10 February 1704, Edinburgh

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Edinburgh The Tenth off February One Thousand seven Hundereth and four years

A1704/2/241

Order

Recommendation to the Lord Advocat To prepair and bring into the Councill ane letter to be sent by the Councill to the Queen anent Duik of Atholls memoriall to her Majestie

The Earle of Dunmore Haveing given into the Councill ane papper Entituled Memoriall to the Queen By the Duke of Atholl Giveing ane account off the Discoverie off Captain Simon Fraser and his accomplices And the samen being read The Lords of Her Majesties privie Councill Doe heirby appoint and ordaine The samen to be doubled To be laid befoir the Committee formerly appoynted annent ill practices and designes againest the Government To be by them considered And Recommends to Sir James Steuart Her Majesties Advocat To prepair and bring into the Councill nixt Councill day ane Letter to be sent by the Councill To Her Majestie with the principall Memoriall (Wherof the Double is left with the Councill) narrating in what manner It came to the Councill.

Edinburgh The Tenth off February One Thousand seven Hundereth and four years

A1704/2/241

Order

Recommendation to the Lord Advocat To prepair and bring into the Councill ane letter to be sent by the Councill to the Queen anent Duik of Atholls memoriall to her Majestie

The Earle of Dunmore Haveing given into the Councill ane papper Entituled Memoriall to the Queen By the Duke of Atholl Giveing ane account off the Discoverie off Captain Simon Fraser and his accomplices And the samen being read The Lords of Her Majesties privie Councill Doe heirby appoint and ordaine The samen to be doubled To be laid befoir the Committee formerly appoynted annent ill practices and designes againest the Government To be by them considered And Recommends to Sir James Steuart Her Majesties Advocat To prepair and bring into the Councill nixt Councill day ane Letter to be sent by the Councill To Her Majestie with the principall Memoriall (Wherof the Double is left with the Councill) narrating in what manner It came to the Councill.

1. NRS, PC1/53, 147.

1. NRS, PC1/53, 147.