A1706/1/1
A1706/1/13
Sederunt
Earl of Sutherland; Earl of Buchan; Earl of Forfar; Earl of Glasgow; Lord Register; Lord Justice Clerk; Lord Hallcraig; Laird of Pollock; Mr Francis Montgomrie; Laird of Blacader; Lord Provest of Edinburgh
1. The word ‘fyve’ scored out here.
2. NRS, PC1/53, 434.
3. NRS, PC1/53, 434.
1. The word ‘fyve’ scored out here.
2. NRS, PC1/53, 434.
3. NRS, PC1/53, 434.
A1705/1/24
A1705/1/241
Act
Anent the petition given in and presented to the Lords of her Majesties privie Councill by Captain Thomas Green Commander of the Worchester, Captain John Waddell chiefe Mate, John Reynolds Second Mate, Thomas Lintstead assistant to the deceased Supra Cargo, James Sympson Gunner, Henry Keagle Carpenter, James Bruce Boatswinne, Samuell Urchine Carptenters Mate, Andrew Robertsone Gunners Mate, Samuell Willcocks Chirurgeons Mate, John Brockley Cowper, George Kitchine Quarter Master, George Glen Quarter-Master, John Ballingtoun Quarter Master, George Haynes Steuart, Alexander Tayleor Fourmast man, and Henry Barnes idem, Shewing That they being Imprisoned upon ane Information exhibited to my Lord Chancellor, and by his Lordships warrands and ther Shipe and goods Seased on by the Scots Company tradeing to Affrica and the Indies, and the samen being now by the saids Lords order unloaden, The owners of the shipe, have and doe refuse to pay them ther wages, alleadging that the care and manadgment of the Shipe is not in ther charge, which is the originall cause of ther getting wadges. And the Affrican Company have for that reasone ever since the seazer of ther Shipe alimented all the Crew at a shilling per diem till of late that the petitioners weer cast into prisone upon ane accusation from which as they weer conscious to be free, So tyme and tryall would make ther Innocence manifast to the world which they have been urgeing and applying for both to the Justiciars and Admirality (as is knowen to some of ther lordships number) Nevertheless ther are a great many dayes to rune befor the tryall cane be brought to a close, or they sett at Liberty And haveing nothing to Subsist upon in ane Strange Countrie, and being by prison depryved of the Means of Shifting for themselves, Therfore craveing it might please the saids Lords who have taken nottice of ther accusation, To be so generous and compassionat of ther misfortoun, as to order a Subsistance for them dureing their confynement, And particularly to take care that the Affrican Companie continue the allowance to the Crew as formerly, Conforme to the saids Lords ther dayly practise in the lyke case, as the said petition bears; The Lords of her Majesties privie Counsell haveing upon the Sixteinth day of January instant Considered the said petition given in to them by Captain Thomas Green Commander of the Shipe the Worchester Captain John Madder chiefe Mate, and severall others of the Crew of the said shipe, And the samen being read in ther presence, The Saids Lords Doe heirby Recommend to the Lord Advocat to consider the matter represented in the said petition, And to Call for Mr Roderick Mckenzie Clerk to the Affrican Companie, And know att him why the aliment formerly granted to the petitioners, is withdrawen, And to report to the Counsell nixt Councill day; Lykeas upon the day and date of thir presents The Lords of her Majesties Privie Councill Doe heirby Appoynt and Ordaine the aliment formerly payed to Captain Green Commander of the East India Shipe the Worchester and his Crew to be payed up and continued to them dureing ther Imprisonement, And have Declaired and heirby Declaires that the Samen aliment shall affect the Cargo of the East India Shipe the Worchester.
1. NRS, PC1/53, 349-50.
1. NRS, PC1/53, 349-50.
A1705/1/23
A1705/1/232
Sederunt
Lord Chancellor; Marquis of Annandale P.C.; Earl of Rothes P.S.; Earl of Crafurd; Earl of Southerland; Earl of Buchan; Earl of Hadingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Findlater; Earl of Levine; Earl of Dunmore; Earl of Ruglen; Lord Ballhaven; Lord Advocat; Lord Theasaurer Deput; Lord Justice Clerk; Lord Hallcraig; Lord Enstruther; Lord Phesdo; Mr Fra: Montgomerie; Laird of Ormiestoun younger; Lord Provest of Edinburgh
1. NRS, PC1/53, 349.
2. NRS, PC1/53, 349.
1. NRS, PC1/53, 349.
2. NRS, PC1/53, 349.
A1705/1/22
A1705/1/221
Procedure
The Lords of her Majesties privie Councill Doe heirby Recommend to the Committie formerly appoynted anent the East India Shipe the Worchester to meet to morrow at twelve acloak, and appoynts the Meacers to advertise them accordingly.
1. NRS, PC1/53, 349.
1. NRS, PC1/53, 349.
A1705/1/21
A1705/1/211
Warrant
Anent the petition given in and presented to the Lords of her Majesties privie Counsell By Andrew Fraser of Kinnmundie and George Keith of Clackriach Shirreff deputs of Aberdeen, Shewing that wher ther four women then prisoners In the Tollbooth of Aberdeen for the alleadged crymes of murdering their own children Viz Elizabeth Archibald In the parish of Banchory, Christian Mair in the parish of Aberdour Isobell Walker in the parish of Kinairnie, and Isobell Law in the parish of New-Machar, and who wer Sent in to the petitioners as Shirreffs of the Shyre and have continued in prisone for a considerable tyme, And who truly have nothing wherby to maintaine themselves, except what wee allow them out of charitie And Seeing it was highly reasonable that they Should be brought wnto a tryall which the petitioners conceaved themselves not capable to doe, unless they wer for that end Impowered by the saids Lords, as was usuall to be done in the lyke cases, or otherwayes that they Should be brought South, and tryed heir befor the Lords of Justiciary, And therfor Craving it might please the saids Lords to consider the premisses, and to ordaine the forsaids persons either to be transmitted heir to Edinburgh from Shirreff to Shirreff, or otherwayes to grant warrand and Commission to the petitioners, and such others as the saids Lords should please to adjoyne for Judgeing the saids persons and bringing them to a legall tryall, with power and warrand to them for granting warrand to cite wittnesses and assyzers, and to doe all other things requisite theranent, which are usuall In the lyke case, as the said petition bears, The Lords of her Majesties privie Counsell haveing upon the Sixteenth day of January instant Considered the said petition given in to them by the saids shirreff deputs of Aberdeen, and the Same being read in ther presence, They delayed the advyseing therof, Lykeas upon the day and date of ther presents, The saids Lords of her Majesties priviy Counsell haveing again considered the said petition given in to them by the saids shirreff deputs of Aberdeen, and the Samen being read in their presence, The Saids Lords doe heirby Appoynt and Ordaine the four women mentioned in the said petition prisoners in the Tollbooth of Aberdeen To be brought over to Edinburgh from Shirreff to Shirreff to be tryed befor the Justice Court their, and Recommends to Sir James Steuart her Majesties Advocat to Judge and prosecute them accordingly, And Ordains the Magistrats of Edinburgh to receive them prisoners when they come accordingly.
1. NRS, PC1/53, 348-9.
1. NRS, PC1/53, 348-9.
A1705/1/20
A1705/1/201
Decreet
Anent the lybell or Letters of Complaint raised and persued befor the Lords of her Majesties privie Councill at the instance of John Blair Agent for the Kirk, with concourse of Sir James Stewart her Majesties Advocat for her highness Interest in the matter wnderwrytten, Mentioning That wherby the fyfth act of the parliament Jaj vic and nyntie presbetrie Church Government and discipline is tatified and confirmed to be the government of Christs Church, And Sicklyke by the twentie Second Act of the parliament Jaj vic and nyntie fyve yeirs, It is Statute and ordained that no persone Shall intrude himselfe into any Church, or shall exercise any pairt of the Ministeriall function within any parish without ane orderly Call from the heretors and eldershipe and legall admission from the presbetrie within whose bounds it lyes, Lykeas by the Second act of her Majesties parliament Jaj vijc and three yeirs, all the saids acts and other Laws and Statutes for establishing presbyterian Church government are Ratified and approven In the haill heads, articles and clauses therof, Nevertheless it is of veritie that Mr George Strachan Schoollmaster at Huntlie alleadged Deaconat by the exauctorat Bishops Shakeing off all regaird to her Majesties Laws and authoritie hath of late intruded himselfe into the parish of Keith and Sett up for a preacher therin, And exercises all the other pairts of the Ministeriall function as Baptiseing, marrieing etc In manifast contempt of our Saids Laws and Acts of parliament, Notwithstanding that the said kirk and parish is duly and Legally planted; By all which it is evident that the said Mr George Strachan is guiltie of a manifast Intrusion, and attempt against the present Setled constitution of the Church And of a high contempt of her Majesties Laws and authoritie, Which being proven he owght to be punished with the pains of law, And effectuallie discharged to intrude into or molest the said parish, and otherwayes punished as the Lords of privie Counsell Shall think fitt to the terror and example of others to committ the lyke in tyme comeing, And Anent the charge given to the said defender to have Compeared befor the Saids Lords of her Majesties privie Counsell wpon the day and date of thir presents, To have heard and Seen Such orders and course taken in the Said Complaint as appertains, And as the Saids Lords Should think fitt, Under the paine of rebellion and putting of him to the horne, with certification, as in the lybell or Letters of Complaint and executions therof at more Length is contained, Which lybell being called2 wpon the day and date of thir presents, And the said persuers Compearing with Sir James Steuart her Majesties Advocat personallie att the Barr, And the said defender Compearing also personallie att the barr with Mr Robert Fraser his Advocat, who for his said Client gave in the following answers to the said lybell, Ther being a Complaint raised by the said John Blair as agent for the Kirk with concourse of her Majesties Advocat Against the Said Mr George Strachan for intrudeing himselfe into the parishine of Keith, Setting up therin for a preacher, And exerciseing therin all the other pairts of the Ministeriall function, as baptizeing, marrieing etc In manifast contempt of the Laws and Acts of parliament Subsumed wpon in the said Complaint, Notwithstanding that the said Church and parishine is duly and legally planted, Concludeing therfor that he Should be punished with the pains of law, And discharged to intrude himselfe any more into the said parish; To which complaint it is answered for the said Mr George that he does not refuse his haveing preached in the said parishine to Such persons as came ther for hearing of the word, which he thought could not be the ground of a complaint wherwith to trouble the Lords of her Majesties most honourable privie Counsell, especiallie conisdering that the defender is qualified by law by takeing the oath of alleadgeance, and Signeing the assureance, And the Same reported to your lordships, and lykewayes the defender hes not been guilty of causeing any disorder, or the occasion of any tumult or breach of peace within the said parish, which the persuer cannot lay to his charge, and the defender deneyes his being anywayes guiltie of the breach of the acts of parliament anent irregular marriages And as for his preaching in the parishine, he hoped the saids Lords would not find that to be the Subject matter worth a Complaint befor ther lordships for the reasons following, Primo The Act of parliament Jaj vic nyntie fyve lybelled wpon, does not Strick against the defender, for the Same is ane act against Intruders into Churches, And those that possess themselvs of Manses, Gleibs and benefices, and exercise their Ministeriall functions within the Samen without a legall Call, and admission into the saids Churches, But so it is that the defender is not lybelled against as ane Intruder into the Said Church of Keith, Manse or benefice, and consequently the lybell is not in the terms of the said act, And owght to be rejected, And tho the said act does bear a penaltie upon Such as Shall exercise any pairt of the Ministeriall function within any parochine without ane orderly Call from the heretors and eldershipe, and legall admission from the presbetrie, The defender conceaves these words of the Act relates to Ministers that intrude themselves into the Church of the parochine, Manse or benefice therof, And that it was not the meaning of the parliament to inflict the penaltie mentioned in the said act upon any Minister who did not intrude into the Church, Manse or benefice, but preached only in a privat house within the pariochine, and did no more, which is the defenders case, Secundo In the Same very parliament Jaj vic nyntie fyve, ther was another Act Entituled Act Concerning the Church In which his Majestie and the then Estates of parliament made severall gracious concessions In favours of Ministers of the Episcopall way wherby it is plain that they never intended that Simple preaching by ane Episcopall Minister in a Private house within a parishine, Should be Sustained as a ground of complaint to inferr the pains of the said act of parliament Jaj vic nyntie fyve, Unless the preacher wer ane Intruder into the Church of the parochine, Manse or benefice And Lastly the defender being lybelled against for no irregularities or disorders, except by preaching be accounted as such, he hoped the saids Lords (with regaird to her Majesties gracious Letter directed to her3 most honourable privie Counsell Anent Ministers and others of the Episcopall way) will find this complaint raised against the defender groundless, and assolzie him therfrae, The forsaid lybell with the above answers therto being read in presence of the saids Lords, And both pairties Lawyers heard att the barr, and removed, The saids Lords of her Majesties privie Counsell haveing considered the Samen, They have Prohibite and discharged And heirby Prohibites and Discharges the said Mr George Strachan defender to preach or exercise any pairt of the Ministeriall function within the parish of Keith, Under the paine of being banished out of the Shyre of Bamff within which the said parish lyes, In case he transgress in the premisses.
1. NRS, PC1/53, 346-8.
2. Insertion.
3. The word ‘Majesties’ scored out here.
1. NRS, PC1/53, 346-8.
A1705/1/19
A1705/1/191
Act
Anent the petition given in and presented to the Lords of her Majesties privie Counsell By the Commissioners of the presbetrie of Hadingtoun, Shewing that wher the petitioners did in Apryll Jaj vijc and three, apply to the saids Lords upon the accompt of ane unhappie division in the parish of Hadingtoun, Considering that ther Lordships would be pleased to discharge any to Interloquitor with or disturb the kirk Session ther lawfull elected and confirmed by the acts of parliament In the exercise of discipline and government compleat to them, Wherupon the saids Lords wer pleased to pronounce ane act for the interim to prevent confusion, And for preserving the peace of the place, Appoynting the elders of the said Legall Session to Collect the offerings at the Church door of the burgh and parish at and for such dyets when any Minister appoynted by the presbetrie Should preach, And appoynting the Eldershipe which served with Mr Dumbar (to which our petition related) to collect for Such dyets wheron the said Mr Dumbar Should preach; Sinse that tyme Mr John Currie hath been called by consent of the heretors, Magistrats and Elders, and hes been transported and Setled by authority of the Generall Assembli Minister of that parish In place of the deceast Mr Feirman But in the mean tyme ther being two Elderships in that parish, It occasions very great confusions and disorders, And is utterly inconsistant with discipline and presbiterian Government, And the Setleing therof in this Church particularly Act 5th parliament i690. And Act 22d parliament 1695. Wherby it is evident that the only lawfull eldershipe in the Church Is that which is Subject to and authorized by the presbetrie of the bounds, Which disorders and confusions Still continue Notwithstanding of Severall overtures made for the removeall therof and now in the Clerks hands And Seeing her Majestie hes been graciously pleased to take this nationall Church into her Royall Speciall protection, And that the execution of the publict Laws concerning the Church doth in a particular maner belong to the most honourable the privie Counsell, And therfor craving it might please ther lordships to discharge the former kirk session to interfeir or medle in the discipline and Government of that parish, And to ordaine the books and outensills belonging to the Church and the Session of the said parish, to be delyvered up to the Legall Session (as hes been done in the lyke cases) and to give such further directions in this matter, As yor lordships in your great wisdeom and prudence Shall sett meet for advanceing of truth, pietie, peace and good order in the said parish, as the said petition bears, The Lords of her Majesties privie Counsell having upon the eighteint day of January instant Considered the within Petition given in to them by the Commissioners of the presbetrie of Hadingtoun and the Samen being read in ther presence The Saids Lords doe heirby Appoynt and Ordaine Intimation to be made to Mr George Dumbar Minister at Hadingtoun, And the elders serveing with him that the Samen may be seen and and2 answered Tuesday nixt peremptorie, And the said petition being Intimat accordingly, the said Mr George Dumbar gave in the following answers therto Viz It was humbly represented to the saids Lords that the said Mr Dumbar is continued in the exercise of his Ministrie by vertue of ane Act of parliament affoording protection to Episcopall Ministers upon termes therin contained, To which the said Mr Dumbar hath given obedience, And it is conceaved that this protection will extend to all the pairts of his Ministrie, without exclusion of one pairt and reservation of another, And therfor that discipline will be reserved to him als weell as the preaching of the Gospell, And the said Mr Dumbar is so great a lover of peace that he hes been willing to goe into all measurs for preserving and promotting the Same, So as to be willing to be the hearer of Mr Currie upon condition Mr Currie would be his hearer, which was refused, And cannot but appear to yor lordships to be a sure mean of obstructing that peace and harmonie in the parish that they pretend to persue for, Wheras wer that charitable yeilding on his pairt by which the Sense of differance might be taken away, It would prove a mein for a more happie Union, which otherwayes cannot reasonably be expected And Seeing Mr Dumbar hes expressed So much forwardness in establishing peace in the parish of Hadingtoun, It was humbly expected that the saids Lords authoritie would be Interposed for him that he may enjoy the Royall protection In the exercise of his Ministrie, According to the Act of parliament provyded on that pairt, The Lords of her Majesties privie Counsell haveing this day considered the petition given in to them by the Commissioners of the presbetrie of Hadingtoun, Together with answers therto by Mr George Dumbar one of the Ministers of Hadingtoun, And the Samen being read in ther presence, The Saids Lords have prohibite and discharged, and heirby prohibites and discharges the former kirk session, which serves with the said Mr Dumbar to Interfeir or medle in the discipline and government of the said parish of Hadingtoun, And have appoynted and ordained, and heirby Appoynts and Ordains the books and outensills belonging to the Church and the Session of the said parish, to be delyvered up to the said Mr John Currie, and the kirk Session legally Setled and Serving with him.
1. NRS, PC1/53, 345-6.
2. Sic.
1. NRS, PC1/53, 345-6.
A1705/1/18
A1705/1/181
Proclamation
Anne by the Grace of God Queen of Great Brittaine, France and Irland defender of the faith To our Lyon King at armes, And his bretheren Heraulds, Meacers of our privie Counsell, pursevants, Messengers at armes our Shirreffs in that pairt Conjunctllie and Severallie Speciallie constitut Greeting Forasmuchas the present State of our affairs does not yet requyre the meeting of our parliament of this our antient Kingdome of Scotland So Soon as the first day of February nixt to which it was Last adjurned, Wee are therfor resolved to continue the said Adjournement from the said first day of February to the twentie Sevinth day of March nixt therafter, And that the members of our Said parliament may not be putt to the trouble and charges of meeting wpon the said first day of February nixt, Wee with the advyce of the Lords of our privie Counsell have Adjurned, and heirby Adjurne our Said Current parliament from the Said first day of February nixt, To the said Twentie Sevinth day of March nixt therafter, Requyring heirby all the members therof to attend at Edinburgh the said day In the usuall maner, and under the accustomed Certifications by law appoynted, Our Will is heirfor and wee charge yow Strictly and Command that in continent thir our Letters seen ye pass to the Marcat cross of Edinburgh, and to marcat crosses of the remanent head burghs of the severall Shyres and Steuartries within this our antient kingdome, And ther in our name and authoritie Make publict Intimation that our Said parliament is adjurned to the said Twentie Sevinth day of March nixt to come, And ordains these presents to be printed and published, Given under our Signet att Edinburgh the Twentie third day of January, and of our reigne the third year 1705. Per Actum dominorum Secreti Concilii Sic Subscribitur Gilbert Eliot Clisti Concilii.
1. NRS, PC1/53, 344-5.
1. NRS, PC1/53, 344-5.
A1705/1/17
A1705/1/171
Letter: royal
Letter from the Queens Majestie to the Counsell Adjurneing the parliament to the twentie Sevinth day of March nixt, being read was ordered to be recorded, And a proclamation being prepared In the termes therof, the same was appoynted to be recorded, published and printed, off which Letter and proclamation the tenor follows
Sic Subpra Scribitur
Anne Regina
Right trustie and right weell beloved Cousines and Counsellor, Right trustie and right well beloved Cousins and Counsellors, Right trustie and intirely beloved Cousine and Counsellor, Right trustie and well beloved Cousins and Counsellors Right trustie and well beloved Counsellors, and trustie and well beloved Counsellors Wee greet yow well; Wheras the present State of our affairs does not yet requyre the meeting of our parliament of that our Kingdome So Soon as the first day of February nixt to which it was Last adjurned, Wee are therfor resolved to continue the said adjurnement from the said first day of February to the twentie Sevinth day of March nixt therafter, and that the Members of parliament may not be putt to the trouble and charges of meeting upon the said first day of February nixt, It is therfor our will and pleasure, And wee heirby Authorize and requyre yow to issue furth a proclamation in our name Ordering a further continuance of the Adjurnement of our parliament from the said first day of February nixt, to the said Twentie Sevinth day of March nixt therafter, And ordering all the members therof to attend at Edinburgh in the usuall way and upon the accustomed certifications, For doeing wherof this shall be your warrand, And So wee bidd yow heartily fareweell Given at our Court at St James the fyfteinth day of January 1705/5 And of our reigne the third year, By her Majesties Command, Sic Subscribitur Seafeild.
1. NRS, PC1/53, 344.
1. NRS, PC1/53, 344.
A1705/1/16
A1705/1/161
Letter: royal
Letter from the Queens Majestie to the Councell adding the Lord Justice Clerk to the Councell, Read and ordered to be recorded, And the said Lord Justice Clerk being present did qualifie himselfe to her Majestie by Swearing the oath of alleadgance, And Subscribing the Same with the Assureance, And the Lord Chancellor did tender to his lordship the oath de fideli; And his lordship took his place at the Board accordingly, off which Letter the tenor follows
Sic Supra Scribitur Anne Regina
Right trustie and right weell beloved Counsell and Councellor; Right trustie and right weell beloved Cousins and Counsellors, Right trustie and intyrely beloved Cousine and Counsellor, Right trustie and well beloved Cousines and Counsellors, Right trustie and well beloved Counsellors and trustie and well beloved Counsellors, Wee greet yow well; Wheras in consideration on the Loyaltie and Singular abilities of Adam Cockburne of Ormestoun our Justice Clerk, Wee have resolved to add him to the privie Counsell of that our Kingdome, These are therfore to authorise and requyre yow to admitt and receive him into that our privie Counsell in the ordinary forme and maner on such occasions accustomed, For doeing wherof this Shall be yor warrant, And so wee bidd yow heartily fairweell, Given at our Court at St James the fyfteinth day of January 1705/5 And of our reigne the third year, By her Majesties Command Sic Subscribitur Seafeild.
1. NRS, PC1/53, 343-4.
1. NRS, PC1/53, 343-4.