Tag Archives: April

Letter: royal, 3 April 1705, Edinburgh

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Att Edinburgh the third day of Apryll Jaj vijc and fyve years

A1705/4/21

Letter: royal

Letter from the Queen to the Councill for a repryve to Captain Green and his Crew

Letter from the Queens Majestie to the Councill for granting a repryve for Such tyme as their Lordships Should think fitt, To Captain Green and his Crew being read was ordered to be recorded, wherof the tenor follows
Sic Suprascribitur Anne Regina
Right trustie and right weell beloved Cousine and Councellor, Right trustie and right well beloved Cousins and Councellors, Right trustie and well beloved Cousins and Councellors, Right trustie and well beloved Councellors, and trustie and well beloved Councellors wee greet yow weell, wheras wee are resolved that befor execution of the Sentence past in our Court of Admirality of that our kingdome upon Captain Thomas Green and his Crew; Ther be a full representation laid befor ws of ther tryall, with the Indytement and haill pleadings made for or against them; Wee therfor authorise and requyre yow that yow grant repryve for Such tyme as yow Shall think fitt, To the said Captain Green and his Crew aforsaid, And if it shall be found necessary that yow renew the Same from tyme to tyme, Untill after a full consideration of ther case, wee shall Signifie to yow our pleasure concerneing them; For doeing wherof this Shall be your warrand; And So wee bid yow heartily farwell; Given at our Court at St James’s the twentie Sevinth day of March 1705. And of our reigne the fourth year, By her Majesties Command Sic Subscribitur Alexander Wedderburne.

At Edinburgh 3 April 1705

A1705/4/21

Letter: royal

Letter from the queen to the council for a reprieve to Captain Green and his crew

Letter from the queen’s majesty to the council for granting a reprieve for such time as their lordships should think fit to Captain [Thomas] Green and his crew being read was ordered to be recorded, wherof the tenor follows
Sic Suprascribitur Anne Regina
Right trusty and right well beloved cousin and counsellor, right trusty and right well beloved cousins and counsellor, right trusty and well beloved cousins and counsellors, right trusty and well beloved counsellors, and trusty and well beloved counsellors we greet yow well. Whereas we are resolved that before execution of the sentence past in our court of admiralty of that our kingdom upon Captain Thomas Green and his crew. there be a full representation laid before us of their trial, with the indictment and whole pleadings made for or against them, we therefore authorise and require you that you grant reprieve, for such time as you shall think fit, to the said Captain Green and his crew aforesaid, and if it shall be found necessary, that you renew the same from time to time, until after a full consideration of their case, we shall signify to you our pleasure concerning them. For doing whereof this shall be your warrant. And so we bid you heartily farewell. Given at our court at St James’s 27 March 1705, and of our reign the fourth year. By her majesty’s command Sic Subscribitur Alexander Wedderburne.

1. NRS, PC1/53, 382.

1. NRS, PC1/53, 382.

Sederunt, 3 April 1705, Edinburgh

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Att Edinburgh the third day of Apryll Jaj vijc and fyve years1

A1705/4/12

Sederunt

Lord Chancellor; Marquis of Tweddale p.C.; Earl of Rothes p.s.; Marquis of Montrose; Earl of Roxburgh s.; Earl of Marr; Earl of Buchan; Earl of Glencairne; Earl of Hadingtoun; Earl of Loudoun; Earl of Forfar; Earl of Dunmore; Earl of Ruglen; Earl of Hyndfurd; Earl of Roseberrie; Lord Ballhaven; Lord Advocat; Lord Theasaurer Deput; Lord Justice Clerk; Lord Arniestoun; Lord Phesdo; Livt Generall George Ramsay; Mr Fr. Montgomrie; Laird of Blaccader; Laird of Ormiestoun younger; Lord Provest of Edinburgh

At Edinburgh 3 April 17051

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Sederunt

[James Ogilvie, earl of Seafield] lord chancellor; [John Hay] marquis of Tweeddale, president of council; [John Leslie] earl of Rothes, lord privy seal; [James Graham] marquis of Montrose; [John Ker] earl of Roxburghe, secretary; [John Erskine] earl of Mar; [David Erskine] earl of Buchan; [William Cunningham] earl of Glencairn; [Thomas Hamilton] earl of Haddington; [Hugh Campbell] earl of Loudoun; [Archibald Douglas] earl of Forfar; [Charles Murray] earl of Dunmore; [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; [Robert Dundas] Lord Arniston; [Sir James Falconer] Lord Phesdo; Lieutenant General George Ramsay; 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, 381.

2. NRS, PC1/53, 381.

1. NRS, PC1/53, 381.

2. NRS, PC1/53, 381.

Warrant, 28 April 1704, Edinburgh

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Edinburgh the Tuentie Eight of Apprill One Thousand Seven hundereth and four years

A1704/4/151

Warrant

Warrand Anent prest men

The Lords of Her Majesties privie Councill for the better regulating the Complaints made anent prest men and redressing the abuses therof Doe heirby Appoint The Committee underwrittin Viz The Marques of Lothian, The Earles of Buchan, Eglingtoun, Lauderdale, Loudoun, Findlatter, Forfar, Roseberrie, Glasgow, and Hoptoun, The Viscount of Primrose, The Lords president of Session, Register, Advocat, Justice Clerk, Halcraig, Rankeillor, Tillicultrie, Mr Francis Montgomery, Collingtoun, Carnwath, Prestongrange and the Lord Provest of Edinburgh or any tuo of them as a quorum to meet each day in the Committee roome of the Councill Chamber at Eleven in the foirnoon And there to abyde and hear and give their orders and determine Complaints till Tuelf a Clock Impouering any on of the Committee to give orders for arreisting and stopping or for searching or seizeing in order to tryall But that for determining and Adjudgeing in order to transporting or not The same to be done by two of the said Committee at least as the quorum thereof And the saids Lords forbidds all application to be made to any of the members of the said Committee raither for obtaining warrants for arreisting or determining the questions anent prestmen Except at the time and in the place forsaid And Recommends it to all the members of the said Committee That they receave noe Applications from either officer or pairty in the premisses Except in the manner and at the tyme and place above prescrybed And that from the Clerks of Councill allenerly or their servants And ordaines thir presents to be printed and published that non may pretend Ignorance.

Edinburgh the Tuentie Eight of Apprill One Thousand Seven hundereth and four years

A1704/4/151

Warrant

Warrand Anent prest men

The Lords of Her Majesties privie Councill for the better regulating the Complaints made anent prest men and redressing the abuses therof Doe heirby Appoint The Committee underwrittin Viz The Marques of Lothian, The Earles of Buchan, Eglingtoun, Lauderdale, Loudoun, Findlatter, Forfar, Roseberrie, Glasgow, and Hoptoun, The Viscount of Primrose, The Lords president of Session, Register, Advocat, Justice Clerk, Halcraig, Rankeillor, Tillicultrie, Mr Francis Montgomery, Collingtoun, Carnwath, Prestongrange and the Lord Provest of Edinburgh or any tuo of them as a quorum to meet each day in the Committee roome of the Councill Chamber at Eleven in the foirnoon And there to abyde and hear and give their orders and determine Complaints till Tuelf a Clock Impouering any on of the Committee to give orders for arreisting and stopping or for searching or seizeing in order to tryall But that for determining and Adjudgeing in order to transporting or not The same to be done by two of the said Committee at least as the quorum thereof And the saids Lords forbidds all application to be made to any of the members of the said Committee raither for obtaining warrants for arreisting or determining the questions anent prestmen Except at the time and in the place forsaid And Recommends it to all the members of the said Committee That they receave noe Applications from either officer or pairty in the premisses Except in the manner and at the tyme and place above prescrybed And that from the Clerks of Councill allenerly or their servants And ordaines thir presents to be printed and published that non may pretend Ignorance.

1. NRS, PC1/53, 233.

1. NRS, PC1/53, 233.

Procedure, 28 April 1704, Edinburgh

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Edinburgh the Tuentie Eight of Apprill One Thousand Seven hundereth and four years

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Procedure

Recommendation to the Lord High Chancellor to call for James Clark and know of him why the Great seall is not cutt

The Lords of Her Majesties privie Councill Doe heirby Recommend to the Lord High Chancellor To call for James Clark Engraver in the mint and to know from him what hinders his dispatching the cutting of Her Majesties great seall for this Kingdome And ordaines him to Engrave the Reverse of the said seall with Her Majesties picture upon horseback with thir words round the same Semper Eadem And the other side as formerly

Edinburgh the Tuentie Eight of Apprill One Thousand Seven hundereth and four years

A1704/4/141

Procedure

Recommendation to the Lord High Chancellor to call for James Clark and know of him why the Great seall is not cutt

The Lords of Her Majesties privie Councill Doe heirby Recommend to the Lord High Chancellor To call for James Clark Engraver in the mint and to know from him what hinders his dispatching the cutting of Her Majesties great seall for this Kingdome And ordaines him to Engrave the Reverse of the said seall with Her Majesties picture upon horseback with thir words round the same Semper Eadem And the other side as formerly

1. NRS, PC1/53, 232.

1. NRS, PC1/53, 232.

Proclamation, 28 April 1704, Edinburgh

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Edinburgh the Tuentie Eight of Apprill One Thousand Seven hundereth and four years

A1704/4/131

Proclamation

Proclamation anent the Excyse

Proclamation anent the Excyse Being read the same was votted approven and signed and ordered to be printed and published
Anne By the Grace of God Queen of Great Breitan France and Ireland defender of the faith To […] Macers of our privie Councill messengers at arms our Shirriffs in that pairt Conjunctly and seaverallie specially Constitut Greetting Forasmuchas The annexed Excyse as converted by the Tuentieth Eight Act of the first Session of King Williams parliament from Tuo merk upon the Boll of malt to ane Excyse of Three pennes scotts upon the pynt of all ale and beer browen to be vended and sold with the Excyses of other Liquors mentioned in the said Act now subject and lyable to the payment of Excyse by the acts of parliament made since that tyme are sett by the Lords of our Theasaurie and Exchequer in Tack to Master William Johnstoun of Sheens for the space of Three years Commencing from the last day of February last by past exclusivie And the Lords of our privie Councill are authorized and Impowred to prescrib and sett doun such methods and orders besides these mentioned in the acts of parliament as they shall Judge necessar for the better uplifting and inbringing of the said Excyse And wee Considering the great hinderances and Loss the said Tacksman and his subtaxmen of the Excyse may meett within the severall shyres by the not meeting of the Commissioners of supplee duely and frequently to Determine all Differences betuixt the Brewars and Taxmen his sub Tacksmen and Collectors where throw great loss and prejudice may aryse to that breeach of our Revenew for remead wherof Wee with the advyce of the Lords of our privie Councill Strictly Requyre and Command the whole Commissioners of supplie in all the shyres within this Kingdome residing within the samen qualefied according to the Law And who by the said act of parliament or subsequent Acts are appoynted Commissioners and steuartries upon the second Tuesday of May nixt for this side of the watter of Tay. And upon the Thrid Tuesday of the samen moneth for the pairts be north the said watter and all their said meeting to devyde themselves as is prescribed by the saids acts of Parliament And to settle and appoint places at convenient distances where the publict Excyse offices may be best keeped for the brewars and retaillers to enter and give up the quantitie of Liquors browen and retailled by them Lyable in payment of the saids Excyses and appoints the saids Commissioners immediately after designeing places for the saids officers to cause make publict Intimation to all the Church doors withine the Respective shyres and Steuartries of the particular places designed by them for the severall Excyse officers And wee with advyce forsaid Require and Command the saids Commissioners to subdivyde themselves so as their may be at least tuo (who are heirby declaired to be aquorum2) to meet and be present at each office the first Tuesday of every moneth thereafter Dureing the continuance of the forsaid Tack for the ends prescribed in the Acts of Parliament With certefication to the saids Commissioners or any of them reseiding within the respective shyres or steuartries who shall faill to meet at the saids dayes respective for the ends above and after exprest They shall be and are heirby fyned each of in the soume of Ane hundereth pound scotts Toties quoties for ilk dayes absence to be Chairged for By speciall delyverance of Privie Councill upon a simple Chairge of Six dayes and uplifted be the said Taxman his subtacksman and Collectors and applyed as the Lords of our Privie Councill shall be pleased to Appoint For which effect Letters are heirby Authorized to be direct at the Instance of the said Tacksman againest them And appoints the Clerks of the saids Commissioners to send a list of the saids Commissioners as shall be absent at the said dyets Immediatly after elapsing of the same duely subscryved by them to the said Tacksmen under the paine of Deprivation And wee with advyce forsaid Doe heirby Strictly Require and Command The whole brewars and retaillers withine the bounds allotted for the said Excyse offices to attend the saids Commissioners thereat upon the Respective dayes abovementioned without any farder Chairge citation or Intimation to be made to them for that effect But allenerly upon the publication thereof And there to give in and make And the said Commissioners to receave from them full and faithfull entries of all Liquers browen or Retailled by them lyable in payment of the said Excise Which entries are to be speciall as to the quantities as weell as the number of browsts particularly browen or vended Dureing the space entred for And that Notwithstanding of any survey made by the surveyers with a crew and a faithfull account of their names places of Residence And the tyme when they did beguin to brew or retaill what ever the quantitie may be And that signed under ther hands Declaireing heirby and Certefieing all brewars and retaillers as shall not Compear and attend the saids Commissioners the saids respective dayes for giveing up their names places of aboad and time when they did beguine to brew And to make entries of the precise quantites of all Liquers browen and retailled by them lyable in Excyse for the preceeding moneth and tyme Lybled They shall be holden as confest and Decreits given againest them for the quantites contained in the Claimes and Complaints given in by the Tacksmen His Subtacksmen or Collectors againest them And wee with advyce forsaid Appoint and Ordaine That noe brewar or retailler within Burghs of Royaltie Regality or Barronie vend or sell any pairt of their Broust untill they first make entrie therof at the Excyse office there (If any be) and obtaine a sufferance for the quantities browen which the keeper of the office Is to give gratis without delay And in caice of non entries or wrongous entries The brewars or Retailler be lyable in the soume of Ten pounds scotts money for every delinquencie that is or shall be incurred albeit many of the saids delinquencies and faults be Contained in on Conviction and lyable in all execution in Law Competent for payment therof at the Instance of the said Tacksman his subtacksmen or Collector for uplifting the same and applying the same to his and their oun use and behoove And for the more effectuall Discovering the quantities of every Broust and makeing the Surveyes certaine The Surveyers or waitters are heirby impowered to Carie witnesses allongest with them if they think fitt at makeing the said Surveyes And for that effect all brewars who ordinarly keep storehouses are heirby Requyred to make the samen open and patent upon a Call to the said Surveyers or waitters als weell by night as day As also all other suspect places belonging to the saids brewars or retaillers or others wherin any of the said Excyseable liquors may or can be Concealled And that under the penalty of Tuentie pound scots in caice of failzie or Refusall to be uplifted and applyed to the Tacksmans behoove in manner forsaid And it is heirby Farder Ordained that all brewars Barrells be heirafter marked with there oun name and the seall of the nixt office which shall be furnished to them gratis As also that no vintiner Receave from the brewar any ale or Beer exceept in Caskt so marked under the penalty of Ten pound scots Toties quoties in caice of failzie to be uplifted and applyed to the Tacksmans behoove in manner forsaid And it is heirby farder ordained that all brewars barrells be hereafter marked with there oun name and the seall of the nixt office which shall be furnished to them gratis. As also That no vintiner receave from the brewars any ale or beer Except in Casks soe marked under the penaltie of Ten pounds scots toties quoties in caice of failzie To be uplifted and applyed to the Tacks mans behove in manner forsaid And all brewars are heirby strictly prohibit and dischairged to keep or make use of any fatt Copper Cooller tunn or any or vessell then what is daily Exposed to the view of the surveyrs or what is or may be gadged by order of the Tacksman subtaxmen Collectors Surveyrs and others their servants who are heirby authorized to gadge the same or to use eiks or doubles on any pretence whatsomever under the penalty of Ane Hundered pounds scotts Toties quoties to be uplifted and applied in manner abovewrittin As also that no persones whatsomever presume to resett any ale or drinking bear in their houses for Imbazleing the Excyse therof under the penalty of Tuentie pound scots toties quoties to be uplifted and applied as above over and above the loss and seazure of what is so reset And it is heirby Declaired That wher any ale or beer is browen for marriages Baptisim’s burialls or upon any other occasiones by persones not in constant use to brew for themselves shall be lyable in the value of the Liquor so to be consumed by them And it is heirby Farder Declaired That it shall be leisum to the saids Tacksman subtaxmen or their Collectors to make use of the followeing method with the brewars within the City of Edinburgh and suburbs precints and pertinents therof and other places presently under survey If they find it Convenient And then and in that caice It is heirby Ordained That each brewar keep ane open and patent storehouse or storehouses to the surveyors Who are heirby Impowered to search all suspect places for Conceallments als weell by night by day And that the saids brewars turn up ther whole brewst’s in Cask’s within the saids store houses and expose the samen to the surveyors and each brewar is heirby Required to keep abook wherin the surveor is to set doun the quantitie of ale and beer in the said store houses And one the other hand The surveyor Is lyke wayes ordained to have a Count book wherin the brewar or his servant haveing his warrand is to subscryve and his subscryveing the said look shall be ane sufficient Instruction And shall therin set doun the said quantitie of ale and beer in the said storehouses as the full extrant of his browst But prejudice to the said Tacksman or his subtaxmen or Collectors to comptroll the same by oath of pairty or witnesses in caice of fraud or collusion betuixt the brewars and the said Tacksman his subtaxmen and Collectors their surveors or waitters And the said brewar or his substitute with the surveyor shall give up the seaverall brewsts to the Commissioners of the said excyse the respective dayes of their meeting at the excyse office And in caice of ale or beer concealled or found in any other place under any presence whatsoever then in the said publict and ordinary storehouse or in the caice of fals brewing by eiks or doubles or makeing use of by fats, by Tunns, by Coppers concealled Coolers or privat storehouses The brewar soe failling Is heirby fyned in the soume of Ane hundereth pounds sctos toties quoties and lyable to all execution competent for payment therof at the custome of the said Tacksman his subtacksmen and Collectors and to be uplifted and applyed in manner above mentioned And in regaird the excyse of strongwaters acquavites and forraigne beer and ale is ordered by the Act of parliament to be payed by the retaillers Therfore With advyce forsaid Require and Command all brewars of aquavites or strong waters or Importers therof or of foraigne beer or ale to make monethly entries of the said strong liquors browen or Imported by them and to give in subscryved Lists to the nixt excyse office of the names of the persones to whom they sell the aquavites or strong watters or forraigne beer or ale to whom they sell the aquavites or strong watters or forraigne beer or ale to be againe sold by retaile under the penaltie of Fourty pounds scots toties quoties to be uplifted and applyed for the use of the said Tacksman, his subtacksmen, or Collectors besides their being lyable for payment of the Excyse of what shall be sold and not duely entered And Forasmuch as By the 23d Act of the Parliament 1698 The excyse of Brandy is to be payed by the importer at the rate of two shillings per pint in lew of the six shillings per pint on the retailler therby dischairged which Her Majestie hath also made choyse of dureing this present Tack Therfore We with advyce forsaid Ordaine all forraigne brandy to pay two shilling scots per pint at the importation therof And that if concealled or any wayes Imbazled the same may be seized Sykelyke in the same manner as for the forraigne custome for which and all books of Import and entrie are heirby ordained to be made patent and that gratis by the keepers therof under the penalty of being lyable for the dutie itself and all damnages And Sykelyke Wee ordaine the Commissioners that now are to continue till others be named in their place and so furth such as shall be named to continue dureing the haill years of the Tack And in caice the saids respective Commissioners or at least two of them shall faill to meet or attend at the saids Excyse offices upon the saids respective first Ten dayes of each moneth Dureing the continuance of the said Tack under Certification forsaid after Instruments taken againest them of their failzie Wee with advyce forsaid Require and Command the shirriffs and their deputs or such as the said shirriffs or their Deputs shall substitute to each particular diet for that effect allenerly To repair to the respective offices within Tuenty four hours after that they shall be desired by the said Tacksman his subtacksmen or Collectors of the said Excyse and their summarly to Judge upon what occurrs within the bounds of that office in refferrence to the saids excyses And to pronunce Decreits Infavours of the Tacksman his subtacksmen and Collectors as the saids Commissioners might have done Certifieing the saids sherriff’s and their Deputs or substituts if they failzie they shall be punished As the Lords of our privy Councill shall think fitt By and attour the repairing of the Tacksman and subtacksmen their damnages As also It is heirby Allowed and Declaired That the Commissioners of supplie within the respective shyres may meet with the Magistrats of Burghs when advertised for Judgeing such caices as come befoir them in the termes and conforme to the Act of Parliament Jaj vjc and Nyntie six years And in caice of the Magistrats not concurring being duely advertised Then the Commissioners of supplie have full power to proceed and determine Conforme to the Acts of parliament and Councill made for Inbringing of the3 Excyse And sykelyke We with advyce and consent forsaid prohibit and dischairge all Commissioners of supplie or other Inferior Judges and officers of the Law within this our Realme to stop or hinder either quartering poynding or Imprisoning or any other Laufull execution that shall be used by our said Tacksmen his subtacksmen4 or Collectors of the saids Excyses againest the respective brewars and retailers Conforme to their entries that shall happen to be made by them or according to the quantitie of the Liquor browen or retailled by them or wherupon they shall be holden as confeit in manner and befoir the Judges abovementioned under the pain of being not only lyable for the Chairges and damnages our said Tacksman his subtacksmen or Collectors shall sustaine and incurr therthrow But also to such farder paines As the Lords of privie Councill shall think fitt As Also It is Lykewayes heirby Allowed and Declaired That all the brewars within the Toun of Edinburgh suburbs and precints therof without distinction or pretence of priviledge Doe onlie each browst Immediatly as they shall brew the same at the Excyse office in Edinburgh under the penalty of Ten pound scots toties quoties for each delinquencie to be applyed to the Taxman as above Our Will is Herefore And we chairge yow strictly and Command That in continent these our Letters seen ye pass to the mercat cross of Edinburgh and remanent mercat crosses of the haill head burghs of the severall shyre’s and stewarties within this Kingdome And there in our name and authority by open proclamation make Intimation heirof that non pretend Ignorance And ordaines principall Coppies heirof to be sent to the sherriffs of the severall shyres and steuarts of the steuartries within this Kingdome whom and ther Clerks Wee ordaine to see the samen published and Coppies heirof affixed at the saids mercat crosses And appoints them to send doubles therof to all the Ministers boeth in Churches and meeting houses within ther respective Jurisdictiones that upon the Lords day immediately preceeding the saids second and Thrid Tuesdayes of May nixt to come The same may be read and Intimate in every paroch Church and meeting house and Coppies of the same affixt upon the most publict doors therof And ordaines these presents to be printed Given under our signet Att Edinburgh the Tuenty Eight day of Appryle And of our Rigne the Thrid year 1704 Sic Subscribitur Seafield cancellar Findlater Robert Menzie James Steuart J Falconar H Cuningham F Montgomerie W Morisone George Lockhart.

Edinburgh the Tuentie Eight of Apprill One Thousand Seven hundereth and four years

A1704/4/131

Proclamation

Proclamation anent the Excyse

Proclamation anent the Excyse Being read the same was votted approven and signed and ordered to be printed and published
Anne By the Grace of God Queen of Great Breitan France and Ireland defender of the faith To […] Macers of our privie Councill messengers at arms our Shirriffs in that pairt Conjunctly and seaverallie specially Constitut Greetting Forasmuchas The annexed Excyse as converted by the Tuentieth Eight Act of the first Session of King Williams parliament from Tuo merk upon the Boll of malt to ane Excyse of Three pennes scotts upon the pynt of all ale and beer browen to be vended and sold with the Excyses of other Liquors mentioned in the said Act now subject and lyable to the payment of Excyse by the acts of parliament made since that tyme are sett by the Lords of our Theasaurie and Exchequer in Tack to Master William Johnstoun of Sheens for the space of Three years Commencing from the last day of February last by past exclusivie And the Lords of our privie Councill are authorized and Impowred to prescrib and sett doun such methods and orders besides these mentioned in the acts of parliament as they shall Judge necessar for the better uplifting and inbringing of the said Excyse And wee Considering the great hinderances and Loss the said Tacksman and his subtaxmen of the Excyse may meett within the severall shyres by the not meeting of the Commissioners of supplee duely and frequently to Determine all Differences betuixt the Brewars and Taxmen his sub Tacksmen and Collectors where throw great loss and prejudice may aryse to that breeach of our Revenew for remead wherof Wee with the advyce of the Lords of our privie Councill Strictly Requyre and Command the whole Commissioners of supplie in all the shyres within this Kingdome residing within the samen qualefied according to the Law And who by the said act of parliament or subsequent Acts are appoynted Commissioners and steuartries upon the second Tuesday of May nixt for this side of the watter of Tay. And upon the Thrid Tuesday of the samen moneth for the pairts be north the said watter and all their said meeting to devyde themselves as is prescribed by the saids acts of Parliament And to settle and appoint places at convenient distances where the publict Excyse offices may be best keeped for the brewars and retaillers to enter and give up the quantitie of Liquors browen and retailled by them Lyable in payment of the saids Excyses and appoints the saids Commissioners immediately after designeing places for the saids officers to cause make publict Intimation to all the Church doors withine the Respective shyres and Steuartries of the particular places designed by them for the severall Excyse officers And wee with advyce forsaid Require and Command the saids Commissioners to subdivyde themselves so as their may be at least tuo (who are heirby declaired to be aquorum2) to meet and be present at each office the first Tuesday of every moneth thereafter Dureing the continuance of the forsaid Tack for the ends prescribed in the Acts of Parliament With certefication to the saids Commissioners or any of them reseiding within the respective shyres or steuartries who shall faill to meet at the saids dayes respective for the ends above and after exprest They shall be and are heirby fyned each of in the soume of Ane hundereth pound scotts Toties quoties for ilk dayes absence to be Chairged for By speciall delyverance of Privie Councill upon a simple Chairge of Six dayes and uplifted be the said Taxman his subtacksman and Collectors and applyed as the Lords of our Privie Councill shall be pleased to Appoint For which effect Letters are heirby Authorized to be direct at the Instance of the said Tacksman againest them And appoints the Clerks of the saids Commissioners to send a list of the saids Commissioners as shall be absent at the said dyets Immediatly after elapsing of the same duely subscryved by them to the said Tacksmen under the paine of Deprivation And wee with advyce forsaid Doe heirby Strictly Require and Command The whole brewars and retaillers withine the bounds allotted for the said Excyse offices to attend the saids Commissioners thereat upon the Respective dayes abovementioned without any farder Chairge citation or Intimation to be made to them for that effect But allenerly upon the publication thereof And there to give in and make And the said Commissioners to receave from them full and faithfull entries of all Liquers browen or Retailled by them lyable in payment of the said Excise Which entries are to be speciall as to the quantities as weell as the number of browsts particularly browen or vended Dureing the space entred for And that Notwithstanding of any survey made by the surveyers with a crew and a faithfull account of their names places of Residence And the tyme when they did beguin to brew or retaill what ever the quantitie may be And that signed under ther hands Declaireing heirby and Certefieing all brewars and retaillers as shall not Compear and attend the saids Commissioners the saids respective dayes for giveing up their names places of aboad and time when they did beguine to brew And to make entries of the precise quantites of all Liquers browen and retailled by them lyable in Excyse for the preceeding moneth and tyme Lybled They shall be holden as confest and Decreits given againest them for the quantites contained in the Claimes and Complaints given in by the Tacksmen His Subtacksmen or Collectors againest them And wee with advyce forsaid Appoint and Ordaine That noe brewar or retailler within Burghs of Royaltie Regality or Barronie vend or sell any pairt of their Broust untill they first make entrie therof at the Excyse office there (If any be) and obtaine a sufferance for the quantities browen which the keeper of the office Is to give gratis without delay And in caice of non entries or wrongous entries The brewars or Retailler be lyable in the soume of Ten pounds scotts money for every delinquencie that is or shall be incurred albeit many of the saids delinquencies and faults be Contained in on Conviction and lyable in all execution in Law Competent for payment therof at the Instance of the said Tacksman his subtacksmen or Collector for uplifting the same and applying the same to his and their oun use and behoove And for the more effectuall Discovering the quantities of every Broust and makeing the Surveyes certaine The Surveyers or waitters are heirby impowered to Carie witnesses allongest with them if they think fitt at makeing the said Surveyes And for that effect all brewars who ordinarly keep storehouses are heirby Requyred to make the samen open and patent upon a Call to the said Surveyers or waitters als weell by night as day As also all other suspect places belonging to the saids brewars or retaillers or others wherin any of the said Excyseable liquors may or can be Concealled And that under the penalty of Tuentie pound scots in caice of failzie or Refusall to be uplifted and applyed to the Tacksmans behoove in manner forsaid And it is heirby Farder Ordained that all brewars Barrells be heirafter marked with there oun name and the seall of the nixt office which shall be furnished to them gratis As also that no vintiner Receave from the brewar any ale or Beer exceept in Caskt so marked under the penalty of Ten pound scots Toties quoties in caice of failzie to be uplifted and applyed to the Tacksmans behoove in manner forsaid And it is heirby farder ordained that all brewars barrells be hereafter marked with there oun name and the seall of the nixt office which shall be furnished to them gratis. As also That no vintiner receave from the brewars any ale or beer Except in Casks soe marked under the penaltie of Ten pounds scots toties quoties in caice of failzie To be uplifted and applyed to the Tacks mans behove in manner forsaid And all brewars are heirby strictly prohibit and dischairged to keep or make use of any fatt Copper Cooller tunn or any or vessell then what is daily Exposed to the view of the surveyrs or what is or may be gadged by order of the Tacksman subtaxmen Collectors Surveyrs and others their servants who are heirby authorized to gadge the same or to use eiks or doubles on any pretence whatsomever under the penalty of Ane Hundered pounds scotts Toties quoties to be uplifted and applied in manner abovewrittin As also that no persones whatsomever presume to resett any ale or drinking bear in their houses for Imbazleing the Excyse therof under the penalty of Tuentie pound scots toties quoties to be uplifted and applied as above over and above the loss and seazure of what is so reset And it is heirby Declaired That wher any ale or beer is browen for marriages Baptisim’s burialls or upon any other occasiones by persones not in constant use to brew for themselves shall be lyable in the value of the Liquor so to be consumed by them And it is heirby Farder Declaired That it shall be leisum to the saids Tacksman subtaxmen or their Collectors to make use of the followeing method with the brewars within the City of Edinburgh and suburbs precints and pertinents therof and other places presently under survey If they find it Convenient And then and in that caice It is heirby Ordained That each brewar keep ane open and patent storehouse or storehouses to the surveyors Who are heirby Impowered to search all suspect places for Conceallments als weell by night by day And that the saids brewars turn up ther whole brewst’s in Cask’s within the saids store houses and expose the samen to the surveyors and each brewar is heirby Required to keep abook wherin the surveor is to set doun the quantitie of ale and beer in the said store houses And one the other hand The surveyor Is lyke wayes ordained to have a Count book wherin the brewar or his servant haveing his warrand is to subscryve and his subscryveing the said look shall be ane sufficient Instruction And shall therin set doun the said quantitie of ale and beer in the said storehouses as the full extrant of his browst But prejudice to the said Tacksman or his subtaxmen or Collectors to comptroll the same by oath of pairty or witnesses in caice of fraud or collusion betuixt the brewars and the said Tacksman his subtaxmen and Collectors their surveors or waitters And the said brewar or his substitute with the surveyor shall give up the seaverall brewsts to the Commissioners of the said excyse the respective dayes of their meeting at the excyse office And in caice of ale or beer concealled or found in any other place under any presence whatsoever then in the said publict and ordinary storehouse or in the caice of fals brewing by eiks or doubles or makeing use of by fats, by Tunns, by Coppers concealled Coolers or privat storehouses The brewar soe failling Is heirby fyned in the soume of Ane hundereth pounds sctos toties quoties and lyable to all execution competent for payment therof at the custome of the said Tacksman his subtacksmen and Collectors and to be uplifted and applyed in manner above mentioned And in regaird the excyse of strongwaters acquavites and forraigne beer and ale is ordered by the Act of parliament to be payed by the retaillers Therfore With advyce forsaid Require and Command all brewars of aquavites or strong waters or Importers therof or of foraigne beer or ale to make monethly entries of the said strong liquors browen or Imported by them and to give in subscryved Lists to the nixt excyse office of the names of the persones to whom they sell the aquavites or strong watters or forraigne beer or ale to whom they sell the aquavites or strong watters or forraigne beer or ale to be againe sold by retaile under the penaltie of Fourty pounds scots toties quoties to be uplifted and applyed for the use of the said Tacksman, his subtacksmen, or Collectors besides their being lyable for payment of the Excyse of what shall be sold and not duely entered And Forasmuch as By the 23d Act of the Parliament 1698 The excyse of Brandy is to be payed by the importer at the rate of two shillings per pint in lew of the six shillings per pint on the retailler therby dischairged which Her Majestie hath also made choyse of dureing this present Tack Therfore We with advyce forsaid Ordaine all forraigne brandy to pay two shilling scots per pint at the importation therof And that if concealled or any wayes Imbazled the same may be seized Sykelyke in the same manner as for the forraigne custome for which and all books of Import and entrie are heirby ordained to be made patent and that gratis by the keepers therof under the penalty of being lyable for the dutie itself and all damnages And Sykelyke Wee ordaine the Commissioners that now are to continue till others be named in their place and so furth such as shall be named to continue dureing the haill years of the Tack And in caice the saids respective Commissioners or at least two of them shall faill to meet or attend at the saids Excyse offices upon the saids respective first Ten dayes of each moneth Dureing the continuance of the said Tack under Certification forsaid after Instruments taken againest them of their failzie Wee with advyce forsaid Require and Command the shirriffs and their deputs or such as the said shirriffs or their Deputs shall substitute to each particular diet for that effect allenerly To repair to the respective offices within Tuenty four hours after that they shall be desired by the said Tacksman his subtacksmen or Collectors of the said Excyse and their summarly to Judge upon what occurrs within the bounds of that office in refferrence to the saids excyses And to pronunce Decreits Infavours of the Tacksman his subtacksmen and Collectors as the saids Commissioners might have done Certifieing the saids sherriff’s and their Deputs or substituts if they failzie they shall be punished As the Lords of our privy Councill shall think fitt By and attour the repairing of the Tacksman and subtacksmen their damnages As also It is heirby Allowed and Declaired That the Commissioners of supplie within the respective shyres may meet with the Magistrats of Burghs when advertised for Judgeing such caices as come befoir them in the termes and conforme to the Act of Parliament Jaj vjc and Nyntie six years And in caice of the Magistrats not concurring being duely advertised Then the Commissioners of supplie have full power to proceed and determine Conforme to the Acts of parliament and Councill made for Inbringing of the3 Excyse And sykelyke We with advyce and consent forsaid prohibit and dischairge all Commissioners of supplie or other Inferior Judges and officers of the Law within this our Realme to stop or hinder either quartering poynding or Imprisoning or any other Laufull execution that shall be used by our said Tacksmen his subtacksmen4 or Collectors of the saids Excyses againest the respective brewars and retailers Conforme to their entries that shall happen to be made by them or according to the quantitie of the Liquor browen or retailled by them or wherupon they shall be holden as confeit in manner and befoir the Judges abovementioned under the pain of being not only lyable for the Chairges and damnages our said Tacksman his subtacksmen or Collectors shall sustaine and incurr therthrow But also to such farder paines As the Lords of privie Councill shall think fitt As Also It is Lykewayes heirby Allowed and Declaired That all the brewars within the Toun of Edinburgh suburbs and precints therof without distinction or pretence of priviledge Doe onlie each browst Immediatly as they shall brew the same at the Excyse office in Edinburgh under the penalty of Ten pound scots toties quoties for each delinquencie to be applyed to the Taxman as above Our Will is Herefore And we chairge yow strictly and Command That in continent these our Letters seen ye pass to the mercat cross of Edinburgh and remanent mercat crosses of the haill head burghs of the severall shyre’s and stewarties within this Kingdome And there in our name and authority by open proclamation make Intimation heirof that non pretend Ignorance And ordaines principall Coppies heirof to be sent to the sherriffs of the severall shyres and steuarts of the steuartries within this Kingdome whom and ther Clerks Wee ordaine to see the samen published and Coppies heirof affixed at the saids mercat crosses And appoints them to send doubles therof to all the Ministers boeth in Churches and meeting houses within ther respective Jurisdictiones that upon the Lords day immediately preceeding the saids second and Thrid Tuesdayes of May nixt to come The same may be read and Intimate in every paroch Church and meeting house and Coppies of the same affixt upon the most publict doors therof And ordaines these presents to be printed Given under our signet Att Edinburgh the Tuenty Eight day of Appryle And of our Rigne the Thrid year 1704 Sic Subscribitur Seafield cancellar Findlater Robert Menzie James Steuart J Falconar H Cuningham F Montgomerie W Morisone George Lockhart.

1. NRS, PC1/53, 226-32.

2. Sic.

3. Insertion.

4. The phrase ‘his subtacksmen’ is an insertion.

1. NRS, PC1/53, 226-32.

2. Sic.

3. Insertion.

4. The phrase ‘his subtacksmen’ is an insertion.

Act, 28 April 1704, Edinburgh

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Edinburgh the Tuentie Eight of Apprill One Thousand Seven hundereth and four years

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Act

Act Infavours of Thomas Clochar and Halbertshyre his Master

Anent The petition given in and presented to the Lords of Her Majesties privie Councill By William Stirling younger of Halbertshyre and Thomas Clocher his servant Shewing That The petitioners being on the road to Edinburgh traveling in a most paceable manner were at the Toun of Buchlyvie assalted and attacked by Collin Fairfoull Livet in ane of the Independent Companies with a pairty of men under his Command and who have sorrounded the said William Stirling with ther guns presented Did violently and masterfully at that very Instant sease upon the said Thomas Clocher his servant Throw him doun beat and bruised him without any provocation and openly declaired he behoved to goe to Flanders And if the petitioner made the least resistance He should be used in the lyke manner Alleadgeing most falsly that the petitioner said servant befoir their Lordships or any Judge whatsomever under what penalty and what tyme the Livetennent plased for clearing that Clocher was noe deserter, All which the Livetennent refused as ane Instrument produced will testifie And after insolent abuseing and maletreating the petitioners self Did by open and dounright violence carry away the said Thomas Clocher the petitioners servant And albeit The petitioner procured a warrand from the Committee for prest men to search for him yet the Livetennent by Mannifest oppression and contrary to all lawe detains him a prisoner in some secret place wher the petitioner cannot find him out that he might be presented befoir their Lordships to be tryed whither he be a desearter or unwarrantably seased or not Which the petitioner humbly conceaves is sufficiently evident by the Livetennents concealling of him that he is noe desarter But seased conterary to the libertie of the subjects and express act of parliament made thereanent so necessary It is That the petitioner have their Lordships order and warrand for apprehending the Livetennent and committing him to prison untill he produce the said Thomas Clocher the petitioners servant And Therefore Creaving their Lordships To grant order and warrand to the macers of privie Councill or Messengers at arm’s for apprehending the person of the said Livetennent Collin Fairfoull and committing him to prison thereto remain untill he produce the person of the said Thomas Clocher befoir their Lordships or their Committee to be tryed whither he was legally seased or not And that he delyver him to the Toun guard of Edinburgh for that effect and untill their petitioner be satisfied by the said Livetennent through the Damnage the petitioner hes sustained through seasing vindicating his servant and for preventing the lyke assaults in tyme Comeing upon the lawes and liberties of the subjects Their Lordships might be pleased to put ther law in Execution againest the Livetennent for carrying away his servant without the petitioners consent in presence of a Magistrat As the said petition bears The Lords of Her Magisties privie Councill Haveing considered the petition given into them by William Stirling younger of Herbertshyre and Thomas Clochar his servant And the samen being read in their presence The saids Lords Doe heirby Recommend to the Committee appointed for hearing and determining all debeats anent prest men and souldiers To give order and warrant to macers or messengers at arms To apprehend Livetennent Collin Fairfull in ane of the Independent Companys and detain and Committ him to prison untill he appear befoir the said Comittee and answer to what shall be laid to his Chairge at the petitioners Instance for his undue seazing of the said Thomas Clochar and whyll he produce the person off the said Thomas Clochar befoir the said Committee to be tryed whither he was legally seazed and prest by him or not

Edinburgh the Tuentie Eight of Apprill One Thousand Seven hundereth and four years

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Act

Act Infavours of Thomas Clochar and Halbertshyre his Master

Anent The petition given in and presented to the Lords of Her Majesties privie Councill By William Stirling younger of Halbertshyre and Thomas Clocher his servant Shewing That The petitioners being on the road to Edinburgh traveling in a most paceable manner were at the Toun of Buchlyvie assalted and attacked by Collin Fairfoull Livet in ane of the Independent Companies with a pairty of men under his Command and who have sorrounded the said William Stirling with ther guns presented Did violently and masterfully at that very Instant sease upon the said Thomas Clocher his servant Throw him doun beat and bruised him without any provocation and openly declaired he behoved to goe to Flanders And if the petitioner made the least resistance He should be used in the lyke manner Alleadgeing most falsly that the petitioner said servant befoir their Lordships or any Judge whatsomever under what penalty and what tyme the Livetennent plased for clearing that Clocher was noe deserter, All which the Livetennent refused as ane Instrument produced will testifie And after insolent abuseing and maletreating the petitioners self Did by open and dounright violence carry away the said Thomas Clocher the petitioners servant And albeit The petitioner procured a warrand from the Committee for prest men to search for him yet the Livetennent by Mannifest oppression and contrary to all lawe detains him a prisoner in some secret place wher the petitioner cannot find him out that he might be presented befoir their Lordships to be tryed whither he be a desearter or unwarrantably seased or not Which the petitioner humbly conceaves is sufficiently evident by the Livetennents concealling of him that he is noe desarter But seased conterary to the libertie of the subjects and express act of parliament made thereanent so necessary It is That the petitioner have their Lordships order and warrand for apprehending the Livetennent and committing him to prison untill he produce the said Thomas Clocher the petitioners servant And Therefore Creaving their Lordships To grant order and warrand to the macers of privie Councill or Messengers at arm’s for apprehending the person of the said Livetennent Collin Fairfoull and committing him to prison thereto remain untill he produce the person of the said Thomas Clocher befoir their Lordships or their Committee to be tryed whither he was legally seased or not And that he delyver him to the Toun guard of Edinburgh for that effect and untill their petitioner be satisfied by the said Livetennent through the Damnage the petitioner hes sustained through seasing vindicating his servant and for preventing the lyke assaults in tyme Comeing upon the lawes and liberties of the subjects Their Lordships might be pleased to put ther law in Execution againest the Livetennent for carrying away his servant without the petitioners consent in presence of a Magistrat As the said petition bears The Lords of Her Magisties privie Councill Haveing considered the petition given into them by William Stirling younger of Herbertshyre and Thomas Clochar his servant And the samen being read in their presence The saids Lords Doe heirby Recommend to the Committee appointed for hearing and determining all debeats anent prest men and souldiers To give order and warrant to macers or messengers at arms To apprehend Livetennent Collin Fairfull in ane of the Independent Companys and detain and Committ him to prison untill he appear befoir the said Comittee and answer to what shall be laid to his Chairge at the petitioners Instance for his undue seazing of the said Thomas Clochar and whyll he produce the person off the said Thomas Clochar befoir the said Committee to be tryed whither he was legally seazed and prest by him or not

1. NRS, PC1/53, 225-6.

1. NRS, PC1/53, 225-6.

Proclamation, 28 April 1704, Edinburgh

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Proclamation

Proclamation for Adjourning the Parliament

Proclamation for Adjourning the parliament to the first day of June nixt Read and signed and ordained to be printed published and Recorded wherof the tennor followes
Anne By the Grace of God Queen of Great Breitan France and Ireland defender of the faith To our Lyon King at arms and his brethren Heraulds Macers of our privie Councill, pursevants Messengers at arm’s our Sherriffs in that pairt Conjunctlie and severallie specially Constitute Greeting Forasmuch as the circumstances of our affaires Doe require a further delay of the meeting of our Parliament of this our ancient Kingdome of Scotland then to the fourth day of May nixt to come to which it was last Adjourned And that the members may not be put to unnecessary trouble and attendance at that day Therfore Wee with advyce of the Lords of our Privie Councill Have adjourned and heirby Adjourn our said current Parliament from the said fourth day of May nixt to Come to the first day of June thereafter Requiring heirby all the members therof to attend at Edinburgh the said day in the usuall manner and under the accustomed Certefications by law appointed Our Will is Herefore And we chairge yow strictly and command That in continent thir our Letters seen yee pass to the mercat Cross of Edinburgh and to the mercat crosses of the remanent head burghs of the severall shires and stewartries within this our ancient Kingdome And therat in our name and authority Make publict Intimation And that our said Parliament Is adjourned to the said first day of June nixt to come And ordaines thir presents to be printed and published Given under our signet Att Edinburgh The tuentie eight day of Apprill And of our Rigne the Thrid year 1704.

Edinburgh the Tuentie Eight of Apprill One Thousand Seven hundereth and four years

A1704/4/111

Proclamation

Proclamation for Adjourning the Parliament

Proclamation for Adjourning the parliament to the first day of June nixt Read and signed and ordained to be printed published and Recorded wherof the tennor followes
Anne By the Grace of God Queen of Great Breitan France and Ireland defender of the faith To our Lyon King at arms and his brethren Heraulds Macers of our privie Councill, pursevants Messengers at arm’s our Sherriffs in that pairt Conjunctlie and severallie specially Constitute Greeting Forasmuch as the circumstances of our affaires Doe require a further delay of the meeting of our Parliament of this our ancient Kingdome of Scotland then to the fourth day of May nixt to come to which it was last Adjourned And that the members may not be put to unnecessary trouble and attendance at that day Therfore Wee with advyce of the Lords of our Privie Councill Have adjourned and heirby Adjourn our said current Parliament from the said fourth day of May nixt to Come to the first day of June thereafter Requiring heirby all the members therof to attend at Edinburgh the said day in the usuall manner and under the accustomed Certefications by law appointed Our Will is Herefore And we chairge yow strictly and command That in continent thir our Letters seen yee pass to the mercat Cross of Edinburgh and to the mercat crosses of the remanent head burghs of the severall shires and stewartries within this our ancient Kingdome And therat in our name and authority Make publict Intimation And that our said Parliament Is adjourned to the said first day of June nixt to come And ordaines thir presents to be printed and published Given under our signet Att Edinburgh The tuentie eight day of Apprill And of our Rigne the Thrid year 1704.

1. NRS, PC1/53, 224-5.

1. NRS, PC1/53, 224-5.

Letter: royal, 28 April 1704, Edinburgh

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Letter: royal

Letter from The Queen To The Councill for Adjourning the parliament

Letter from the Queen to the Councill for adjourning the parliament to the first day of June Read and ordered to be recorded And a proclamation ordained to be prepared in the termes therof Wherof the tennor followes
Sic Supra Subscribitur Anne Regina
Right trusty and right weell beloved Cousin and Councellor Right trusty and enteirly beloved Cousins and Councillors Right trusty and weell beloved Cousins and Councellors Right trusty and weell beloved Councellors And trusty and weell beloved Councillors Wee greet yow weell Wheras our affairs do require a further Adjournment of our parliament then to the fourth day of May nixt to which it was last adjourned Wee are therfore Resolved to continue the said Adjournment to the first day of June nixt Ensewing And that the members of parliament may not be put to the trouble and chairge of meeting upon the said fourth day of May It is our will and pleasure and we doe heirby Authorize and require yow To Emit a proclamation in our Name Adjourning our said current parliament from the said fourth of May to the said first of June nixt And ordering all the members therof to attend that day Att Edinburgh in the usuall way and under the accustomed Certefications For doeing wherof This shall be your warrant And so wee bid yow heartily fairwell Given Att our Court Att St James’s the 21th day of Aprill 1704. And of our rigne the 3d year By Her Majesties Command. Sic Subscribitur Cromertie.

Edinburgh the Tuentie Eight of Apprill One Thousand Seven hundereth and four years

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Letter: royal

Letter from The Queen To The Councill for Adjourning the parliament

Letter from the Queen to the Councill for adjourning the parliament to the first day of June Read and ordered to be recorded And a proclamation ordained to be prepared in the termes therof Wherof the tennor followes
Sic Supra Subscribitur Anne Regina
Right trusty and right weell beloved Cousin and Councellor Right trusty and enteirly beloved Cousins and Councillors Right trusty and weell beloved Cousins and Councellors Right trusty and weell beloved Councellors And trusty and weell beloved Councillors Wee greet yow weell Wheras our affairs do require a further Adjournment of our parliament then to the fourth day of May nixt to which it was last adjourned Wee are therfore Resolved to continue the said Adjournment to the first day of June nixt Ensewing And that the members of parliament may not be put to the trouble and chairge of meeting upon the said fourth day of May It is our will and pleasure and we doe heirby Authorize and require yow To Emit a proclamation in our Name Adjourning our said current parliament from the said fourth of May to the said first of June nixt And ordering all the members therof to attend that day Att Edinburgh in the usuall way and under the accustomed Certefications For doeing wherof This shall be your warrant And so wee bid yow heartily fairwell Given Att our Court Att St James’s the 21th day of Aprill 1704. And of our rigne the 3d year By Her Majesties Command. Sic Subscribitur Cromertie.

1. NRS, PC1/53, 223-4.

1. NRS, PC1/53, 223-4.

Sederunt, 28 April 1704, Edinburgh

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Edinburgh the Tuentie Eight of Apprill One Thousand Seven hundereth and four years1

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Sederunt

Lord Chancellor; Earl of Findlatter; Earl of Dunmore; Earl of Roseberrie; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Phesdo; Mr Fra: Montgomrie; Laird of Collingtoun; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh

Edinburgh the Tuentie Eight of Apprill One Thousand Seven hundereth and four years1

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Sederunt

Lord Chancellor; Earl of Findlatter; Earl of Dunmore; Earl of Roseberrie; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Phesdo; Mr Fra: Montgomrie; Laird of Collingtoun; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh

1. NRS, PC1/53, 223.

2. NRS, PC1/53, 223.

1. NRS, PC1/53, 223.

2. NRS, PC1/53, 223.

Decreet, 25 April 1704, Edinburgh

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Edinburgh The Tuenty fifth of Apprill Jaj vijc and four years

A1704/4/81

Decreet

Decreit The agent for the Kirk Againest The sherriff depute of Ross

Anent The Lybell or Letters of Complaint raised and perseued befoir the Lords of Her Majesties privie Councill at the Instance of John Blair agent for the Kirk And Sir James Steuart Her Majesties Advocat By speciall ordor of privy Councill and for Her highness Intrest Mentioning That where By the Lawes and Acts of parliament All sherriffs and there Deputs ought to mentain the Lawes and see the same duely Execute and ought more especially to concurr and give there assistance for mentaining of the Lawes establishing the present Church Government and for hindering all attempts and Incroachments against the same conterar to the said Lawes as being of speciall Import to the pace and quiet of the Kingdome As Lykewayes they ought to use there best and outmost Endevours to preserve the pace prevent tumults and Rablings and punish the same when they happen with all Impartiallity and severitie And above all ought to administrat Justice Impartially amongest all pairtes according to the trew intent of the Law and for punishing the guilty and Assolzeing of the Innocent or other wayes if they failzie in there duety in the premisses ought to be depryved and other wayes punished conforme to the Demerit Nevertheless It is of verity That the Church of Dinguall falling to vaike in the moneth of January last And the presbitrie haveing appoynted Mr William Steuart one of their number to supplie the said vaccancie He comeing there upon the sabbath morning in paceable manner and was assaulted by a Rable and forcibly shut up in his own Chamber untill that Sir Robert Monro of Foulis and some others of the nighbouring paroch of Kilterane wherof Mr William is Minister Comeing to Dinguall to hear there oun Minister there and understanding he was shut up and attackt him Came to relive him And haveing thereafter brought him to the Kirk and made access for him to preach The forsaid Rable Did still continue to Interrupt the worship and prophane the Lords day and gitting assistance from ill disposed nighbours Did at length forceibly Invade the Kirk frighted away the people threatned the Minister in the pulpit and by plain threats and force drove him out of the pulpit And then as he was withdrawing throw the Church yeard attackt him againe And these of his hearers who were desireous to protect and save him so that they not only laid hold on him But by battons, staves and stones Beat and bruised severall persones in a most atrocious manner Wherby there was a most violent and insolent ryot committed at the said Kirk of Dinguall on the said Lords day to the manifest prophanation of the sabbath and breack of the pace And particular Injuries done to severall person’s All which being quickly that same or the nixt day made knowen to Mr George McKinzie Inchculter shirriff Deput He was so farr from discurradgeing and punishing (As he ought to have done) The forsaid Rablers and Ryoters that in the first place supposeing that the presbitrie might send the nixt Lords day to supplee the said vaccancie at Dinguall And that Sir Robert Monro and some of his people might repace thither as they had done and very Laufully The very Lords day preceeding He Joyning with the Lord McCleod write a Letter to Sir Robert in these termes Wee are sorrie to hear2 that the Disorder The last Lords day at Dingwall was occasioned by yow and your tennendrie and followers And we doe requyre yow that neither ye nor nor3 any of your tennendrie or followers come to Dinguall the nixt Lords day to shun any farder Disorder or breach of the pace As yow shall be answerable This is the advyce of your most humble servants Mcleod George McKinzie As the forsaid Letter ready to be produced Daited the Tuenty first of the said moneth January and directed to the said Robert Monro Bears Wherby it is evident That the said Sherriff Deput Chairges the said Sir Robert and his men as the occasion of the said Rable Though boeth Innocent and the only persones that suffered by it And Farder That they had prevented it to goe to a greater excess of violence as in all appearance it would As Lykewayes The said Sherriff presumed upon that pretext to restrain them in boeth ther Civill and Religious Libertie and commanded them at his oun hand to forbear so much as goeing to Church as they would be answerable But Secundo The said Sherriff Deput who could not be Ignorant of the forsaids Rebells how raised and carried on and what mischeiff it had done yet goes on to sett a Court and to receave a Lybell at the Instance of his oun procurator fiscall againest Sir Robert Monro and a great many of his men as guilty on the account forsaid of ane unlaufull convocation and a great ryot of Batterie and blood albeit he knew And it was nottour that Sir Robert and his men had Innocently followed there oun Minister to hear sermon in Dinguall the nixt adjacent kirk where he was to preach and that they were so farr from haveing done any Injurie That they only relived the Minister and brought him out saiflie to the kirk and were hearing quietly when againe assaulted and cheassed away and the Minister dragged or driven from the pulpite and that when they and the Minister were endevouring to withdraw from farder skaith They were againe assaulted Beat and bruised and that nothing happened to the pretended persewars but through ther owen default and by ther oun procurement so that this procedure of the sherriff Deputs was in effect a manifest scorne of Justice to encurradge the Rablers and Ryoters and oppress the Innocent sufferers And yet when Sir Robert and his men appeared and represented the matter as it was And Therfore declyned the sherriff as in a matter so nearlie concerning the constitution of the Church and quiet of the state and therfor proper for the privie Councill The shirriff refuised the declinator and still sustained himself Judge as to the Royt blood and Batterie and only remitted the matter of the Convocation to the privie Councill Which was yet a farder scorne of Justice It haveing been certainly his deuty to try and cognose the blood with als weell as the blood and withall Imposible to distinguish right from wrong without considering and takeing tryall of the convocation and ryse and manner therof That he might know how the ryot Batterie and blood happened and who was guilty and who Innocent Which by seperating the matter of the convocation from the ryot Batterie and blood he could never Justlie doe And yet the said sherriff deput proceeded farder to put Sir Robert and the rest of the defenders under arreist untill they should find caution To Compear befoir the Councill and answer for the Convocation in the mean tyme he intends to proceed in the rest of the proces And thus tertio he sustaines the lybell at his procurator fiscalls instance againest Sir Robert and all the rest of the defenders for a pretended ryot Batterie and blood albeit they were the only Innocent and suffering persons and though that Sir Robert and the rest of the defenders had declyned and were absent yet he assignes them a new day and without farder prooff But holding them as confest though still without any summonds pro Confesso He fynes them as for blood in Fiftie pound the man which amounts to the soume of Five thousand merks ane unheared of oppression For albeit he could have proceeded Laufullie yet since they had declyned and were absent he could only have unlaued them in Ten pound for three absence Secundo The ryot was not duely cognosied nor any probation by witneses though there was no penurie taken therin But all the defenders though absent held as confest and that without any summonds pro confesso and in a matter so purely criminall all which is conterary to the common rules of Justice Nor Quarto Did the sherriff deput regaird that Sir Robert as a Justice of pace had warrantablie made the Church doors patent and that haveing acted in that capacity he was only comptable to the privie Councill and not subject to the sherriff deputs cognition Quinto The Sherriff Deput did also act most unjustly and unwarrantablie in alloweing citations againest the pairtes upon fewer then fyfteen dayes and in amatter purely Criminall But so litle was this regairded that though it was the winter season and many of the defenders at a distance and some of them haveing a large ferrie interjected yet they were summonded to Compear at Fortross where the Court was held upon Fourtie eight hours warning and some of them upon tuenty four hours and that under the certefication of being denounced Fugitives as guilty of ane unlaufull Convocation and ryot By all which it is evident that the said sherriff deputs procedure was most unjust and illegall and plainly tending to oppress the innocent and incurradge Rablers disturbers and prophaners of the Lords day to the manyfest prejudice boeth of Church and state off which the said sherriff deput and George Grahame his fiscall and Heugh Baillie his Clerk Being all guilty airt and pairt They ought not only to Compear Bringing with them the forsaid proces grounds and warrands with all the records relative therto But the same being proven they ought to be Decerned in the soume of Three Hundereth pounds sterling of Damnages to the forsaid Sir Robert Monro and the other Deffenders oppressed as said is and also punished by Deprivation and being declaired uncapable in tyme comeing and farder in ther persones and goods As the Lords of Her Majesties privie Councill shall see cause to the example and terror of others to committ the lyke in tyme Comeing And anent The Chairge given to the saids defenders To have Compeired befoir the Lords of Her Majesties privie Councill upon the day and date of thir presents To have answered to the forsaid Complaint And to have heard and seen such order and course taken theranent as appertaines As the Lords of privie Councill shall think fitt under the pain of Rebellion and putting of them to the horne with Certefication As in the Lyble or Letters of Complaint and Executiones therof at more length is Contained Which Lyble being upon the day and date of thir presents Called And the said persewar Compearing with Sir James Stewart Her Majesties Advocat And Sir David Dalrumple4 Her Majesties Solicitor his Advocats And the haill defenders Compearing also personallie at the barr with Sir David Cunynghame Sir James McKinzie and Mr Alexander Mcleod ther Advocats And the Lyble with answers therto being read And boeth pairtes and there Lauiers fully heard at the barr and remov’d The Councill delayes the advyseing the above lybell till the proces and Lybell of Convocation againest Mcraes be Called and Discust And in the mean tyme allowes the haill Deffeenders to returne to their respective homes and not to attend the Councill till they be of new advertised And Commands and Ordaines The said Sherriff Deput and Magistrats of Dingwall to make the Kirk doors open from tyme to tyme And to give all due encurragement concurrance and assistance to the presbitrie of Ross or the Ministers to be appointed by them In supplieing the vaccance of the Church of Dinguall And in declairing the same vaccant and planting the same Conforme to Law and in preserving and protecting the Ministers in the paceable dischairge of their duety theranent from tyme to tyme As they will be answerable on their highest perrill.

Edinburgh The Tuenty fifth of Apprill Jaj vijc and four years

A1704/4/81

Decreet

Decreit The agent for the Kirk Againest The sherriff depute of Ross

Anent The Lybell or Letters of Complaint raised and perseued befoir the Lords of Her Majesties privie Councill at the Instance of John Blair agent for the Kirk And Sir James Steuart Her Majesties Advocat By speciall ordor of privy Councill and for Her highness Intrest Mentioning That where By the Lawes and Acts of parliament All sherriffs and there Deputs ought to mentain the Lawes and see the same duely Execute and ought more especially to concurr and give there assistance for mentaining of the Lawes establishing the present Church Government and for hindering all attempts and Incroachments against the same conterar to the said Lawes as being of speciall Import to the pace and quiet of the Kingdome As Lykewayes they ought to use there best and outmost Endevours to preserve the pace prevent tumults and Rablings and punish the same when they happen with all Impartiallity and severitie And above all ought to administrat Justice Impartially amongest all pairtes according to the trew intent of the Law and for punishing the guilty and Assolzeing of the Innocent or other wayes if they failzie in there duety in the premisses ought to be depryved and other wayes punished conforme to the Demerit Nevertheless It is of verity That the Church of Dinguall falling to vaike in the moneth of January last And the presbitrie haveing appoynted Mr William Steuart one of their number to supplie the said vaccancie He comeing there upon the sabbath morning in paceable manner and was assaulted by a Rable and forcibly shut up in his own Chamber untill that Sir Robert Monro of Foulis and some others of the nighbouring paroch of Kilterane wherof Mr William is Minister Comeing to Dinguall to hear there oun Minister there and understanding he was shut up and attackt him Came to relive him And haveing thereafter brought him to the Kirk and made access for him to preach The forsaid Rable Did still continue to Interrupt the worship and prophane the Lords day and gitting assistance from ill disposed nighbours Did at length forceibly Invade the Kirk frighted away the people threatned the Minister in the pulpit and by plain threats and force drove him out of the pulpit And then as he was withdrawing throw the Church yeard attackt him againe And these of his hearers who were desireous to protect and save him so that they not only laid hold on him But by battons, staves and stones Beat and bruised severall persones in a most atrocious manner Wherby there was a most violent and insolent ryot committed at the said Kirk of Dinguall on the said Lords day to the manifest prophanation of the sabbath and breack of the pace And particular Injuries done to severall person’s All which being quickly that same or the nixt day made knowen to Mr George McKinzie Inchculter shirriff Deput He was so farr from discurradgeing and punishing (As he ought to have done) The forsaid Rablers and Ryoters that in the first place supposeing that the presbitrie might send the nixt Lords day to supplee the said vaccancie at Dinguall And that Sir Robert Monro and some of his people might repace thither as they had done and very Laufully The very Lords day preceeding He Joyning with the Lord McCleod write a Letter to Sir Robert in these termes Wee are sorrie to hear2 that the Disorder The last Lords day at Dingwall was occasioned by yow and your tennendrie and followers And we doe requyre yow that neither ye nor nor3 any of your tennendrie or followers come to Dinguall the nixt Lords day to shun any farder Disorder or breach of the pace As yow shall be answerable This is the advyce of your most humble servants Mcleod George McKinzie As the forsaid Letter ready to be produced Daited the Tuenty first of the said moneth January and directed to the said Robert Monro Bears Wherby it is evident That the said Sherriff Deput Chairges the said Sir Robert and his men as the occasion of the said Rable Though boeth Innocent and the only persones that suffered by it And Farder That they had prevented it to goe to a greater excess of violence as in all appearance it would As Lykewayes The said Sherriff presumed upon that pretext to restrain them in boeth ther Civill and Religious Libertie and commanded them at his oun hand to forbear so much as goeing to Church as they would be answerable But Secundo The said Sherriff Deput who could not be Ignorant of the forsaids Rebells how raised and carried on and what mischeiff it had done yet goes on to sett a Court and to receave a Lybell at the Instance of his oun procurator fiscall againest Sir Robert Monro and a great many of his men as guilty on the account forsaid of ane unlaufull convocation and a great ryot of Batterie and blood albeit he knew And it was nottour that Sir Robert and his men had Innocently followed there oun Minister to hear sermon in Dinguall the nixt adjacent kirk where he was to preach and that they were so farr from haveing done any Injurie That they only relived the Minister and brought him out saiflie to the kirk and were hearing quietly when againe assaulted and cheassed away and the Minister dragged or driven from the pulpite and that when they and the Minister were endevouring to withdraw from farder skaith They were againe assaulted Beat and bruised and that nothing happened to the pretended persewars but through ther owen default and by ther oun procurement so that this procedure of the sherriff Deputs was in effect a manifest scorne of Justice to encurradge the Rablers and Ryoters and oppress the Innocent sufferers And yet when Sir Robert and his men appeared and represented the matter as it was And Therfore declyned the sherriff as in a matter so nearlie concerning the constitution of the Church and quiet of the state and therfor proper for the privie Councill The shirriff refuised the declinator and still sustained himself Judge as to the Royt blood and Batterie and only remitted the matter of the Convocation to the privie Councill Which was yet a farder scorne of Justice It haveing been certainly his deuty to try and cognose the blood with als weell as the blood and withall Imposible to distinguish right from wrong without considering and takeing tryall of the convocation and ryse and manner therof That he might know how the ryot Batterie and blood happened and who was guilty and who Innocent Which by seperating the matter of the convocation from the ryot Batterie and blood he could never Justlie doe And yet the said sherriff deput proceeded farder to put Sir Robert and the rest of the defenders under arreist untill they should find caution To Compear befoir the Councill and answer for the Convocation in the mean tyme he intends to proceed in the rest of the proces And thus tertio he sustaines the lybell at his procurator fiscalls instance againest Sir Robert and all the rest of the defenders for a pretended ryot Batterie and blood albeit they were the only Innocent and suffering persons and though that Sir Robert and the rest of the defenders had declyned and were absent yet he assignes them a new day and without farder prooff But holding them as confest though still without any summonds pro Confesso He fynes them as for blood in Fiftie pound the man which amounts to the soume of Five thousand merks ane unheared of oppression For albeit he could have proceeded Laufullie yet since they had declyned and were absent he could only have unlaued them in Ten pound for three absence Secundo The ryot was not duely cognosied nor any probation by witneses though there was no penurie taken therin But all the defenders though absent held as confest and that without any summonds pro confesso and in a matter so purely criminall all which is conterary to the common rules of Justice Nor Quarto Did the sherriff deput regaird that Sir Robert as a Justice of pace had warrantablie made the Church doors patent and that haveing acted in that capacity he was only comptable to the privie Councill and not subject to the sherriff deputs cognition Quinto The Sherriff Deput did also act most unjustly and unwarrantablie in alloweing citations againest the pairtes upon fewer then fyfteen dayes and in amatter purely Criminall But so litle was this regairded that though it was the winter season and many of the defenders at a distance and some of them haveing a large ferrie interjected yet they were summonded to Compear at Fortross where the Court was held upon Fourtie eight hours warning and some of them upon tuenty four hours and that under the certefication of being denounced Fugitives as guilty of ane unlaufull Convocation and ryot By all which it is evident that the said sherriff deputs procedure was most unjust and illegall and plainly tending to oppress the innocent and incurradge Rablers disturbers and prophaners of the Lords day to the manyfest prejudice boeth of Church and state off which the said sherriff deput and George Grahame his fiscall and Heugh Baillie his Clerk Being all guilty airt and pairt They ought not only to Compear Bringing with them the forsaid proces grounds and warrands with all the records relative therto But the same being proven they ought to be Decerned in the soume of Three Hundereth pounds sterling of Damnages to the forsaid Sir Robert Monro and the other Deffenders oppressed as said is and also punished by Deprivation and being declaired uncapable in tyme comeing and farder in ther persones and goods As the Lords of Her Majesties privie Councill shall see cause to the example and terror of others to committ the lyke in tyme Comeing And anent The Chairge given to the saids defenders To have Compeired befoir the Lords of Her Majesties privie Councill upon the day and date of thir presents To have answered to the forsaid Complaint And to have heard and seen such order and course taken theranent as appertaines As the Lords of privie Councill shall think fitt under the pain of Rebellion and putting of them to the horne with Certefication As in the Lyble or Letters of Complaint and Executiones therof at more length is Contained Which Lyble being upon the day and date of thir presents Called And the said persewar Compearing with Sir James Stewart Her Majesties Advocat And Sir David Dalrumple4 Her Majesties Solicitor his Advocats And the haill defenders Compearing also personallie at the barr with Sir David Cunynghame Sir James McKinzie and Mr Alexander Mcleod ther Advocats And the Lyble with answers therto being read And boeth pairtes and there Lauiers fully heard at the barr and remov’d The Councill delayes the advyseing the above lybell till the proces and Lybell of Convocation againest Mcraes be Called and Discust And in the mean tyme allowes the haill Deffeenders to returne to their respective homes and not to attend the Councill till they be of new advertised And Commands and Ordaines The said Sherriff Deput and Magistrats of Dingwall to make the Kirk doors open from tyme to tyme And to give all due encurragement concurrance and assistance to the presbitrie of Ross or the Ministers to be appointed by them In supplieing the vaccance of the Church of Dinguall And in declairing the same vaccant and planting the same Conforme to Law and in preserving and protecting the Ministers in the paceable dischairge of their duety theranent from tyme to tyme As they will be answerable on their highest perrill.

1. NRS, PC1/53, 219-223.

2. The phrase ‘to hear’ is an insertion.

3. Sic.

4. Sic.

1. NRS, PC1/53, 219-223.

2. The phrase ‘to hear’ is an insertion.

3. Sic.

4. Sic.