Sederunt, 15 August 1706, Edinburgh

Att Edinburgh the fyfteinth day of August Jaj vijc and Six years1

A1706/8/42

Sederunt

Lord Chancellor; Marquis of Montrose P.C.; Earl of Buchan; Earl of Forfar; Lord Archibald Campbell; Lord Ross; Lord Advocat; Lord Tilliecultrie; Mr Fr Montgomrie; Laird of Ormiestoun younger

At Edinburgh 15 August 17061

A1706/8/42

Sederunt

[James Ogilvie, earl of Seafield] lord chancellor; [James Graham] marquis of Montrose president of council; [David Carnegie] earl of Northesk; [Archibald Douglas] earl of Forfar; Lord Archibald Campbell; [William] Lord Ross; [Sir James Stewart of Goodtrees] lord advocate; [Robert Stewart] Lord Tillicoultry; Mr Francis Montgomerie; [John Cockburn] laird of Ormiston younger

1. NRS, PC1/53, 483.

2. NRS, PC1/53, 483.

1. NRS, PC1/53, 483.

2. NRS, PC1/53, 483.

Act, 6 August 1706, Edinburgh

Att Edinburgh the Sixth day of August Jaj vijc and Six years

A1706/8/31

Act

Act allowing the Captain and Livetennants of a French privateer to returne to ther own Countrey

The Lords of her Majesties privie Councell doe heirby allow the Captain and Livetennants of the French privateer lately taken by Captain Matthew Campbell to returne to ther own Countrey, and Recommends to Sir James Steuart her Majesties Advocat to grant them Sufficient passes for that effect.

At Edinburgh 6 August 1706

A1706/8/31

Act

Act allowing the captain and lieutenants of a French privateer to return to their own country

The lords of her majesty’s privy council do hereby allow the captain and lieutenants of the French privateer lately taken by Captain Matthew Campbell to return to their own country, and recommend to Sir James Stewart, her majesty’s advocate, to grant them sufficient passes for that effect.

1. NRS, PC1/53, 483.

1. NRS, PC1/53, 483.

Act, 6 August 1706, Edinburgh

Att Edinburgh the Sixth day of August Jaj vijc and Six years

A1706/8/21

Act

Repryve to Nicolas Lamb

The Lord Advocat haveing represented to the Councell that Nicolas Lamb prisoner in the Tollbooth of Edinburgh is sentenced to death for concealling the birth of her own Child, And that the Lords of Justiciary had recommended to his lordship to move that She might be repryved, The Lords of her Majesties privie Councell have Repryved and heirby Repryves the said Nicolas Lamb her sentence of death from the threttieth day of August to the Second Tuesday of November nixt, And discharges the Sentence of death pronounced against her to be putt to execution against the said Nicolas, till the said day; And appoynts the Magistrats of Edinburgh to See and cause the said Sentence of death to be putt to execution against the said Nicolas Lamb upon the Second wednsday of November nixt to come at the Same place and in the Same maner contained in the Sentence of Justiciary against her. Sic Subscribitur Montrose P. Northesk. Forfar. Arch: Campbell. Elibank. James Steuart. Adam Cockburne. Alexander Campbell. John Cockburne.

At Edinburgh 6 August 1706

A1706/8/21

Act

Reprieve to Nicolas Lamb

[Sir James Stewart of Goodtrees] the lord advocate having represented to the council that Nicolas Lamb, prisoner in the tolbooth of Edinburgh, is sentenced to death for concealing the birth of her own child, and that the lords of justiciary had recommended to his lordship to move that she might be reprieved, the lords of her majesty’s privy council have reprieved and hereby reprieve the said Nicolas Lamb her sentence of death from 30 August to the second Tuesday of November next, and discharges the sentence of death pronounced against her to be put to execution against the said Nicolas till the said day. And appoint the magistrates of Edinburgh to see and cause the said sentence of death to be put to execution against the said Nicolas Lamb upon the second Wednesday of November next to come at the same place and in the same manner contained in the sentence of justiciary against her. Sic Subscribitur Montrose president; Northesk; Forfar; Archibald Campbell; Elibank; James Stewart; Adam Cockburn; Alexander Campbell; John Cockburn.

1. NRS, PC1/53, 482-3.

1. NRS, PC1/53, 482-3.

Sederunt, 6 August 1706, Edinburgh

Att Edinburgh the Sixth day of August Jaj vijc and Six years1

A1706/8/12

Sederunt

Marquis of Montrose P.; Earl of Buchan; Earl of Northesk; Earl of Forfar; Earl of Cromartie; Lord Archibald Campbell; Lord Elibank; Lord Advocat; Lord Justice Clerk; Lord Arniestoun; Lord Ensteruther; Lord Cessnock; Laird of Ormiestoun younger

At Edinburgh 6 August 17061

A1706/8/12

Sederunt

[James Graham] marquis of Montrose president; [David Erskine] earl of Buchan; [David Carnegie] earl of Northesk; [Archibald Douglas] earl of Forfar; [George Mackenzie] earl of Cromartie; Lord Archibald Campbell; [Alexander Murray] Lord Elibank; [Sir James Stewart of Goodtrees] lord advocate; [Adam Cockburn] lord justice clerk; [Robert Dundas] Lord Arniston; [William] Lord Anstruther; [Sir Alexander Campbell] Lord Cessnock; [John Cockburn] laird of Ormiston younger

1. NRS, PC1/53, 482.

2. NRS, PC1/53, 482.

1. NRS, PC1/53, 482.

2. NRS, PC1/53, 482.

Act, 25 August 1705, Edinburgh

Att Holy-rude-house the Twentie fyfth day of August Jaj vijc and fyve years

A1705/8/111

Act

Act Prorogating James Drysdales banishment

Anent the Supplication Given in and presented to the Lords of her Majesties privie Councell By James Drysdale Meall-maker in Gilmertoun, Shewing that the Supplicant had the misfortoun after a long imprisonement to be tryed befor the Lords of Justiciary for a Cryme, which he heartily detested, And wherof he was innocent; But ther lordships upon Some presumptions adduced wer pleased to pronounce Sentence of banishment against them, and he was to find Caution for that effect, Upon a representation made by my Lord Advocat the twenty Sixt of June last, The petitioner was ordained by his Grace and ther lordships to be sett at liberty upon his enacting himselfe in the Councell books to depairt the kingdome, And the day being now elapsed, The petitioner humbly begged leave to lay his hard Circumstances befor ther lordships; The petitioner had a wyfe, and a numerous family; By long confynement the small stock he had scraped together, was quyte exhausted, He had nothing but his trade to Support and keep them from Starving, And it was Such as could not be followed in another Countrey; So that if the Said Sentance Should take effect his wyfe and children must goe a begging, The petitioner had Lived honestly and his reputation was Spotles and intire befor the Said Scandall was malitiously broached against him, And Seeing the cryme he was accused for was not proven, And that ther lordships are in use to mitigat and alter the Sentences of that Court, Craving therfor It might please his Grace and ther lordships to take the petitioners deplorable case to consideration And in commiseration therof to take off this Sentance of Banishment, And allow the petitioners to Stay at home, which would be ane act of Christian Charity and compassion And would Save the poor Supplicant, and his distressed family from utter ruine As the said petitione bears, His Grace her Majesties high Commissioner, and Lords of her Majesties Privie Councell haveing considered the petition given in to them By James Drysdale Meall maker in Gilmertoun, and the Samen being read in ther presence, His Grace and the saids Lords have prorogat and heirby prorogats the tyme of the petitioners depairture and banishment furth of the Kingdome untill the first day of November nixt to come, And in the mean tyme appoynts him to inact himselfe in the books of privie Councell that he Shall depairt furth of the kingdome betwixt and the said day, and obtemper the Sentance of the Lords Commissioners of her Majesties Justiciary pronounced against him theranent Sic Subscribitur Argyll Commissioner. Seafeild Cancellar. Queensberrie C.P.S. Annandale S. Loudoun S. Montrose. Northesk. Ballcarras. James Murray.

At Holyroodhouse 25 August 1705

A1705/8/111

Act

Act proroguing James Drysdale’s banishment

Concerning the supplication given in and presented to the lords of her majesty’s privy council by James Drysdale, meal-maker in Gilmerton, showing that the supplicant had the misfortune after a long imprisonment to be tried before the lords of justiciary for a cryme, which he heartily detested, and whereof he was innocent. But their lordships upon some presumptions adduced were pleased to pronounce sentence of banishment against them, and he was to find caution for that effect. Upon a representation made by [Sir James Stewart of Goodtrees] my lord advocate [on] 26 June last, the petitioner was ordained by his grace [John Campbell, duke of Argyll] and their lordships to be set at liberty upon his enacting himself in the council books to depart the kingdom, and the day being now elapsed, the petitioner humbly begged leave to lay his hard circumstances before their lordships. The petitioner had a wife, and a numerous family. By long confinement, the small stock he had scraped together was quite exhausted. He had nothing but his trade to support and keep them from starving, and it was such as could not be followed in another country, so that if the said sentence should take effect, his wife and children must go a begging. The petitioner had lived honestly and his reputation was spotless and entire before the said scandal was maliciously broached against him. And seeing the crime he was accused for was not proven, and that their lordships are in use to mitigate and alter the sentences of that court, craving therefor it might please his grace and their lordships to take the petitioner’s deplorable case to consideration, and in commiseration thereof to take off this sentence of banishment, and allow the petitioners to stay at home, which would be an act of Christian charity and compassion, and would save the poor supplicant and his distressed family from utter ruin, as the said petition bears. His grace her majesty’s high commissioner and lords of her majesty’s privy council having considered the petition given in to them by James Drysdale, meal-maker in Gilmerton, and the same being read in their presence, his grace and the said lords have prorogued and hereby prorogue the time of the petitioner’s departure and banishment forth of the kingdom until 1 November next to come. And in the meantime appoint him to enact himself in the books of privy council that he shall depart forth of the kingdom between [now] and the said day, and obey the sentence of the lord commissioners of her majesty’s justiciary pronounced against him therein. Sic Subscribitur Argyll commissioner; Seafield chancellor; Queensberry privy seal; Annandale secretary; Loudoun secretary; Montrose; Northesk; Balcarres; James Murray.

1. NRS, PC1/53, 420.

1. NRS, PC1/53, 420.

Order, 25 August 1705, Edinburgh

Att Holy-rude-house the Twentie fyfth day of August Jaj vijc and fyve years

A1705/8/101

Order

[Order to deliver up papers of George Maxwell of Orchardtoun]

His Grace her Majesties high Commissioner, and the Lords of her Majesties Privie Councell being informed that the Lord Minto hes in his custody two Seall bonds belonging to Sir George Maxwell of Orchardtoun, with some other papers belonging to him, His Grace and the Saids Lords Doe heirby Appoynt and Ordaine the Lord Minto formerly Clerk of Councell to delyver up the Saids two bonds and any other papers in his custody belonging to the said Sir George, Upon the Said Sir George his granting a recept therof to the said Lord Minto, And giveing to his lordship ane extract heirof, which Shall be to him and all concerned a Sufficient warrant.

At Holyroodhouse 25 August 1705

A1705/8/101

Order

[Order to deliver up papers of George Maxwell of Orchardtoun]

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner and the lords of her majesty’s privy council, being informed that [Sir Gilbert Elliot] the Lord Minto has in his custody two seal bonds belonging to Sir George Maxwell of Orchardtoun, with some other papers belonging to him, his grace and the said lords do hereby appoint and ordain the Lord Minto, formerly clerk of council, to deliver up the said two bonds and any other papers in his custody belonging to the said Sir George, upon the said Sir George his granting a receipt thereof to the said Lord Minto, and giving to his lordship an extract hereof, which shall be to him and all concerned a sufficient warrant.

1. NRS, PC1/53, 420.

1. NRS, PC1/53, 420.

Warrant, 25 August 1705, Edinburgh

Att Holy-rude-house the Twentie fyfth day of August Jaj vijc and fyve years

A1705/8/91

Warrant

Warrant to two French prisoners to Stay in Scotland

The Marques of Montrose haveing represented to his Grace her Majesties high Commissioner, and Lords of her Majesties Privie Councell that La Grandieur and Le Pein Two of the French prisoners that are protestants, taken by Captain Matthew Campbell are willing and weell Satisfied to continue in this kingdome, and follow ther respective Imployments, being both tradsmen, His Grace and the Saids Lords Doe heirby allow the Samen, And for that effect Gives order and warrant to the Magistrats of […] in whose prisons they are at present to Sett them at liberty, And discharges all persons whatsomever to trouble or molest them in tyme comeing from goeing about ther lawfull Imployments, They behaveing themselves civilly and honestly as becomes.

At Holyroodhouse 25 August 1705

A1705/8/91

Warrant

Warrant to two French prisoners to stay in Scotland

[James Graham] the marquis of Montrose, having represented to his grace [John Campbell, duke of Argyll] her majesty’s high commissioner and lords of her majesty’s privy council that La Grandieur and Le Pein, two of the French prisoners that are Protestants, taken by Captain Matthew Campbell, are willing and well satisfied to continue in this kingdom, and follow their respective employments, being both tradesmen, his grace and the said lords do hereby allow the same. And for that effect give order and warrant to the magistrates of […], in whose prisons they are at present, to set them at liberty, and discharge all persons whatsoever to trouble or molest them in time coming from going about their lawful employments, they behaving themselves civilly and honestly as becomes.

1. NRS, PC1/53, 419.

1. NRS, PC1/53, 419.

Warrant, 25 August 1705, Edinburgh

Att Holy-rude-house the Twentie fyfth day of August Jaj vijc and fyve years

A1705/8/81

Warrant

Warrant to give ane extract of the Earle of Roxburghs letter To the Duke of Gordon

His Grace her Majesties high Commissioner, and the Lords of her Majesties Privie Councell Doe heirby appoynt and ordaine and give order and warrand to Sir Robert Forbes their Clerk to delyver to the Duke of Gordon ane extract of the Letter Sent by the Earle of Roxburgh Secretary of State to the Marques of Tweedale then Chancellar anent Fort William, the Burgh of Barronie therto belonging, and the ground wheron the Samen Stands dated the […] day of […] Jaj vijc and fyve, For which, this Shall be to him, and all concerned ane Sufficient warrand.

At Holyroodhouse 25 August 1705

A1705/8/81

Warrant

Warrant to give an extract of the earl of Roxburghe’s letter to the duke of Gordon

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner and the lords of her majesty’s privy council do hereby appoint and ordain and give order and warrant to Sir Robert Forbes, their clerk, to deliver to [George Gordon] the Duke of Gordon an extract of the letter sent by the [John Ker] earl of Roxburghe, secretary of state, to [John Hay] the marquis of Tweeddale, then chancellor, concerning Fort William, the burgh of barony thereto belonging, and the ground whereon the same stands dated the […] day of […] 1705, for which this shall be to him and all concerned a sufficient warrant.

1. NRS, PC1/53, 419.

1. NRS, PC1/53, 419.

Letter: royal, 25 August 1705, Edinburgh

Att Holy-rude-house the Twentie fyfth day of August Jaj vijc and fyve years

A1705/8/71

Letter: royal

Letter from the Councell to the Queen

May it please your Majestie
wheras for mantaining the good wnderstanding that is betwixt yor Majestie and your allies The Estates Generall of the United Provinces, It is mutuallie aggreed betwixt your Majestie and them, That ther be no Seasurs or confiscations made, of any Ships of either Nation tradeing to France or Spain or ther dominions Notwithstanding of the present warr; Such Ships haveing passes for that end from their respective Soveraigns, wherby ther appears to be a free trade opened to France or Spain or ther dominions to all yor Majesties Subjects of this kingdome; and ther Ships haveing proper passes for that end, which haveing moved your Majesties good2 Subjects Merchants and other traders within this your antient kingdome to apply to ws that they may have the benefite of the said open trade, And the passes necessary for that effect; Wee doe with all Submission lay ther petition befor yor Majestie humbly intreating that yor Majestie would be pleased to grant Such passes to the Ships belonging to yor Subjects of this Kingdome tradeing to France or Spain or their dominions, with Such other orders as may be necessary for ther enjoying the benefite of the said free trade in the readiest and easiest manner: Wee must also take leave to acquant yor Majestie that ther Some of Subjects of this kingdome lately taken by the French, and made prisoners at Dinan near to Sauctettaloers, whose names are transmitted to the Secretary deput, And that ther are also a great number of French prisoners with ws; wherfor wee humbly crave yor Majesties leave and allowance that wee may Send to France upon due assureances Such French prisoners as wee Gave in exchange, and for liberation of yor said good Subjects, and with Such pases as may best effectuat the Same, and for Such of these French prisoners as Shall remaine they Shall be Sent to Newcastell Conforme to yor Majesties former order; Wee are, May it please yor Majestie, Your Majesties most dutifull, most loyall and most obedient Subjects and Servants Sic Subscribitur Argyll Commissioner. Seafield Cancellar. Queensberrie p.S. Annandale S. Montrose, Lothian. Mortoun. Hadingtoun. Northesk. Ballcarras. Hew Dalrymple.

At Holyroodhouse 25 August 1705

A1705/8/71

Letter: royal

Letter from the council to the queen

May it please your majesty
Whereas for maintaining the good understanding that is between your majesty and your allies the Estates General of the United Provinces, it is mutually agreed between your majesty and them, that there be no seizure or confiscations made of any ships of either nation trading to France or Spain or their dominions notwithstanding of the present war, such ships having passes for that end from their respective sovereigns, whereby there appears to be a free trade opened to France or Spain or their dominions to all your majesty’s subjects of this kingdom, and their ships having proper passes for that end, which having moved your majesty’s good subjects, merchants and other traders within this your ancient kingdom, to apply to us that they may have the benefit of the said open trade, and the passes necessary for that effect; We do with all submission lay their petition before your majesty, humbly intreating that your majesty would be pleased to grant such passes to the ships belonging to your subjects of this kingdom trading to France or Spain or their dominions, with such other orders as may be necessary for their enjoying the benefit of the said free trade in the readiest and easiest manner. We must also take leave to acquaint your majesty that some subjects of this kingdom [are] lately taken by the French, and made prisoners at Dinan near to Sauctettaloers, whose names are transmitted to [Sir David Nairne] the secretary depute, and that there are also a great number of French prisoners with us, wherefor we humbly crave your majesty’s leave and allowance that we may send to France upon due assurances such French prisoners as we gave in exchange, and for liberation of your said good subjects, and with such passes as may best effectuate the same, and for such of these French prisoners as shall remain, they shall be sent to Newcastle conform to your majesty’s former order. We are, may it please your majesty, your majesty’s most dutiful, most loyal, and most obedient subjects and servants Sic Subscribitur Argyll commissioner; Seafield chancellor; Queensberry privy seal; Annandale secretary; Montrose; Lothian; Morton; Haddington; Northesk; Balcarres; Hew Dalrymple.

1. NRS, PC1/53, 419.

2. Insertion.

1. NRS, PC1/53, 419.

Sederunt, 25 August 1705, Edinburgh

Att Holy-rude-house the Twentie fyfth day of August Jaj vijc and fyve years1

A1705/8/62

Sederunt

His Grace Her majesties high Commissioner; Lord Chancellor; Duke of Queensberrie P.S.; Marquis of Annandale S.;3 Marquis of Montrose; Marquis of Lothian; Marquis4 of Loudoun; Earl of Sutherland; Earl of Mortoun; Earl of Hadingtoun; Earl of Northesk; Earl of Ballcarras; Earl of Glasgow; Earl of Hopetoun; Lord Ard Campbell; Lord President of Session; Lord Justice Clerk; Lord Ensteruther; Mr Fr Montgomrie; Laird of Blaccader

At Holyroodhouse the 25 August 17051

A1705/8/62

Sederunt

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner; [James Ogilvie, earl of Seafield] lord chancellor; [James Douglas] duke of Queensberry privy seal; [William Johnston] marquis of Annandale secretary; [James Graham] marquis of Montrose; [William Kerr] earl of Lothian; [Hugh Campbell] earl of Loudoun; [John Gordon] earl of Sutherland; [James Douglas] earl of Morton; [Thomas Hamilton] earl of Haddington; [David Carnegie] earl of Northesk; [Colin Lindsay] earl of Balcarres; [David Boyle] earl of Glasgow; [Charles Hope] earl of Hopetoun; Lord Archibald Campbell; [Sir Hew Dalrymple] lord president of session; [Adam Cockburn] lord justice clerk; Sir William Anstruther] Lord Anstruther; Mr Francis Montgomerie; [Sir John Home] laird of Blackadder

1. NRS, PC1/53, 418.

2. NRS, PC1/53, 419.

3. Annandale’s name is an insertion.

4. Sic. Should read ‘earl’.

1. NRS, PC1/53, 418.

2. NRS, PC1/53, 419.