Tag Archives: March

Procedure, 20 March 1706, Edinburgh

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Att Edinburgh the Twentieth day of March Jaj vijc and six years. Councell Called extraordinary

A1706/3/271

Procedure

Commission To David Earle of Weemes to be Lord high Admirall of Scotland

Commission under the great Seall In favours of David Earle of Weemes to be Lord high Admirall of Scotland and Isles thereto belonging being read was ordered to be recorded, who being present did receive the Same from the Lord president upon his knee as use is, and then the Lord Advocat declaired that tho the Earle of Weemes his Commission was Generall, according to the usuall Style, yet his lordship understood that it contained all the powers and priviledges in use to be exerced by the high Admiralls of Scotland, or the late Commissioners of Admiralitie, And that therefore the Captains of the Friggots wer to depend on him as high Admirall, And that in this and all other things his lordship would be carefull to acquyte himselfe faithfullie of his trust to the Satisfaction of the Lords of Counsell, which he desyred might be marked in the Minuts.
Anna dei Gratia Magnae Brittaniae, Franciae et Hyberniae Regina, fideique defensor, Omnibus probis hominibus ad quos praesentes litterae nostrae pervenerint, Salutem Quandoquidem nos considerantes officium Supremi Admiralitatis antiqui Regni nostri Scotiae et Insularum ejusdem in manibus nostris, et ad nostram donationem existere, Nosque etiam serio perpendentes egregiam fortitudinem et prudentiam, Insignem itidem fidelitatem aliasque preclares animii2 dotes ad munus illud et officium necessarias, Fidelissimi et dilectissimi nostri consanguinei et Conciliarii Davidis Comitis de Weemes, Ob praedictas igitur et plurimas alias res et considerationes Satis momentosas Noveritis nos Nominasse, fecisse, Constituisse et Ordinasse, Sicuti nos tenore praesentium Nominamus, facimus, constituimus et ordinamus eundem fidelissimum et dilectissimum nostrum consanguimeum3 et Conciliarium David Comitem de Weemes (durante nostro beneplacito Solummodo) Supremum Admirallum dicti Regni nostri Scotiae, et Insularum ejusdem, Dando, Concedendo et Disponendo, Sicuti nos tenore praesentium Damus, concedimus et disponimus dicto Davide Comite de Weemes (durante Spatio antedicto) praedictum officium Summi Admiralli, Cum universis honoribus, dignitatibus, Jurisdictionibus, libertatibus, privilegiis, Immunitatibus, feodis, Casualitatibus, proficuis et divoriis quibuscunque eo Spectantibus, Similiter adeoque plenere et libere in quovis respectu quam quivis ex ejus praedecessoribus in dicto officio Secundum leges praedicti Regni fecerat seu facere poterat, Excepta ex hac nostra Commissione Admiralitatis Insularum Orcadum et Zetlandiae, ad quam Magister Robertus Douglas frater Comitis de Mortoun et Dominus Archibaldus Steuart de Burray Jus habent, durante nostro beneplacito solummodo, Declarando omnimodo hanc nostram Commissionem absque praejudicio esse cujusvis Juris Argatheliae Dux habere potest, tanquam Admirallus pro qualibet parte dicti regni nostri aut Insulis eo spectantibus; In cujus rei testimonium Praesentibus magnum Sigillum nostrum appendi Mandavimus Apud Aulam nostram de St James’s Septimo die mensae4 Martii Anno domini Millesimo Septingentesimo Sexto et anno Regni nostri quarto, Per Signaturam manu S . D. N . Reginae Suprascriptam. Wrytten to the great Seall and registrat the nynteinth day of March 1706 Sic Subscribitur Charles Kerr .Sealed at Edinburgh the nynteinth day of March 1706. In absence of Sir Alexander Ogilvie of Forglen Sic Subscribitur John Steuart deput.

At Edinburgh 20 March. Council called extraordinarily

A1706/3/271

Procedure

Commission to David earl of Wemyss to be lord high admiral of Scotland

Commission under the great deal in favour of David earl of Wemyss to be lord high admiral of Scotland and isles thereto belonging being read was ordered to be recorded, who being present did receive the same from [James Graham, marquis of Montrose] the lord president upon his knee as use is, and then [Sir James Stewart of Goodtrees] the lord advocate declared that though the earl of Wemyss his commission was general, according to the usual style, yet his lordship understood that it contained all the powers and privileges in use to be exercised by the high admirals of Scotland, or the late commissioners of admiralty, and that therefore the captains of the frigates were to depend on him as high admiral, and that in this and all other things his lordship would be careful to acquit himself faithfully of his trust to the satisfaction of the lords of council, which he desired might be marked in the minutes.
Anna by the grace of God queen of Great Britain, France, and Ireland, and defender of the faith, to all good men to whom our present letters will have come, greetings. Since we considering that the office of high admiral of our ancient kingdom of Scotland and the isles of the same exists in our hands and to our donation, and we also weighing in earnest the admirable fortitude and prudence, likewise the distinguished fidelity and other remarkable qualities of character, necessary to that duty and office, of our most faithful and dearest kinsman and councillor David, earl of Wemyss; therefore, on account of the foresaid and many other things and considerations momentary enough, know that we have nominated, made, constituted, and ordained, just as by the tenor of these present we nominate, make, constitute, and ordain our same most loyal and dearest kinsman and councillor David, earl of Wemyss (during our pleasure only) high admiral of our said kingdom of Scotland and of its isles. By giving, granting, and assigning, just as by the tenor of these present we give, grant, and assign to the said David, earl of Wemyss (during the aforesaid interval) the foresaid office of high admiral, with all honours, dignities, jurisdictions, liberties, privileges, immunities, fees, casualties, profits, and service dues whatsoever pertaining to it, similarly and so fully and freely in whatever respect as any of his predecessors in the said office had done according to the laws of the foresaid kingdom or was able to do, with the exception from this our commission of the admiralty of the islands of Orkney and Shetland, to which Master Robert Douglas, brother of [James Douglas], earl of Morton, and Sir Archibald Stewart of Burray hold the right, during our pleasure only. By declaring in every way this our commission to be without prejudice of any right [John Campbell] the duke of Argyll can have, as admiral for whatever part of our said kingdom or the Isles pertaining to it. In testimony whereof, we have ordered our great seal to be appended to the presents. At our court of St James’s on 7 March 1706, and in the fourth year of our reign. By the sign manual of our supreme lady the queen above written. Written to the great seal and registered 19 March 1706 Sic Subscribitur Charles Kerr. Sealed at Edinburgh 19 March 1706. In absence of Sir Alexander Ogilvie of Forglen Sic Subscribitur John Stewart depute.

1. NRS, PC1/53, 457-8.

2. Sic.

3. Sic.

4. Sic.

1. NRS, PC1/53, 457-8.

Letter: royal, 20 March 1706, Edinburgh

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Att Edinburgh the Twentieth day of March Jaj vijc and six years. Councell Called extraordinary

A1706/3/261

Letter: royal

Letter from the Queen adding Severall persons to the Councell

Letter from the Queens Majestie to the Councell for adding severall persons to the Counsell, being read the samen was ordered to be recorded, and David Earle of Weemes, James Viscount of Primrose, Patrick Lord Pollwarth, the Lords Torphichen and Elibank, Sir Gilbert Elliot of Minto, one of the Senators of the Colledge of Justice, William Morieson of Prestongrange, and Livetennant Collonell John Erskine deputy Governour of Stirling Castell being present, did qualifie themselves to her Majestie by Swearing the oath of alleadgance, and Subscribeing the Same with the assureance, and the Lord Marques of Montrose president of Councell did tender to their lordships the oath de fideli, and thereafter ther lordships took their places at the Board accordingly. Followes the tenor of her Majesties letter.
Sic Suprascribitur
Anne Regina
Right trustie and right well beloved Cousine and Councellor, Right trustie and intyrely 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 well, Wheras in consideration of the loyaltie and abilities of the persons afternamed viz Alexander Earle of Elglintoun, David Earle of Weemes, Thomas Viscount of Dupline, John Viscount of Garnock, James Viscount of Primrose, […] Lord Inverury, Patrick Lord Pollwarth, James Lord Carmichaell, […] Lord Torphichen, […] Lord Craustoun, […] Lord Rae, […] Lord Elibank, Sir Archbald Hope of Rankeillor, one of the Senators of the Colledge of Justice, Mr Rot Steuart of Tilliecultrie, and Sir Gilbert Elliot of Minto, Senators aforsaid, Sir Robert Sinclar of Steivinsone, Sir Hary James of that Ilk younger, Archbald Douglas of Cavers, William Morieson of Prestongrange, Alexander Grant of that Ilk younger, and Livetennant Collonell John Erskine deputy Governour of Stirling Castell; Wee have thought fitt to add them to our privy2 Counsell of that our antient Kingdome; These are therfor to authorize and requyre yow to add and receive them into that our privie Counsell In the ordinary forme and methode In such cases accustomed, For doeing wherof this shall be your warrand, And So wee bid yow heartily fairwell; Given at our Court att Kensington the twenty eight day of February 1705/6. And of our reigne the 4th year, By her Majesties Command Sic Subscribitur Loudoun.

At Edinburgh 20 March 1706. Council called extraordinarily

A1706/3/261

Letter: royal

Letter from the queen adding several persons to the council

Letter from the queen’s majesty to the council for adding several persons to the council being read, the same was ordered to be recorded, and David earl of Wemyss, James viscount of Primrose, Patrick Lord Polwarth, [James Sandilands] lord Torphichen, [Alexander Murray] lord Elibank, Sir Gilbert Elliot of Minto, one of the senators of the college of justice, William Morrison of Prestongrange, and Lieutenant Colonel John Erskine, deputy governor of Stirling Castel, being present, did qualify themselves to her majesty by swearing the oath of allegiance and subscribing the same with the assurance, and the lord [James Graham] marquis of Montrose, president of council, did tender to their lordships the oath de fideli, and thereafter their lordships took their places at the board accordingly. Follows the tenor of her Majesties letter.
Sic Suprascribitur
Anne Regina
Right trusty and right well beloved cousin and councillor, right trusty and entirely beloved cousins and councillors, right trusty and well beloved cousins and councillors, right trusty and well beloved councillors, and trusty and well beloved councillors, we greet you well. Whereas in consideration of the loyalty and abilities of the persons after named viz Alexander [Montgomerie] earl of Eglinton, David earl of Wemyss, Thomas [Hay] viscount of Dupplin, John [Lindsay] viscount of Garnock, James viscount of Primrose, [William Keith] Lord Inverurie, Patrick Lord Polwarth, James Lord Carmichael, [James Sandilands] Lord Torphichen, [William] Lord Cranstoun, [George Mackay] Lord Raey, [Alexander Murray] Lord Elibank, Sir Archibald Hope of Rankeillor, one of the senators of the college of justice, Mr Robert Stewart of Tillicoultry, and Sir Gilbert Elliot of Minto, senators aforesaid, Sir Robert Sinclair of Stevenson, Sir Harry James of that Ilk younger, Archibald Douglas of Cavers, William Morrison of Prestongrange, Alexander Grant of that Ilk younger, and Lieutenant Colonel John Erskine, deputy governor of Stirling Castle, we have thought fit to add them to our privy council of that our ancient kingdom. These are therefor to authorise and require you to add and receive them into that our privy council in the ordinary form and method in such cases accustomed, for doing whereof this shall be your warrant. And so we bid you heartily farewell. Given at our court at Kensington 28 February 1705/6, and of our reign the fourth year. By her Majesties command Sic Subscribitur Loudoun.

1. NRS, PC1/53, 457.

2. Insertion.

1. NRS, PC1/53, 457.

Procedure, 20 March 1706, Edinburgh

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Att Edinburgh the Twentieth day of March Jaj vijc and six years. Councell Called extraordinary

A1706/3/251

Procedure

Commission In favours of James Marques of Montrose To be president of privie Counsell

Commission under the Great Seall In favours of James Marques of Montrose, To be president of privie Councell, Being presented by Mr Alexander Maitland Clerk, The same was read and ordered to be Recorded, and thereafter delyvered by the Earle of Craufurd Lord president for the tyme, To the said Marques, who did receive the same upon his knee, as use is, And thereafter the said Marques did qualifie himselfe to her Majestie by Swearing the oath of alleadgance and subscrybeing the same with the assureance, and the said Earle of Craufurd as preses for the tyme did tender to his lordship the oath de fidelii, and therafter his lordship took his place at the Board accordingly, off which Commission the tenor follows.
Anna dei Gratia Magnae Brittaniae, Franciae et Hyberniae Regina, fideique defensor, Omnibus probis hominibus ad quos praesentes literae nostrae pervenerint, Salutem Quando quidem nobis abunde satisfactum sit de facultatibus, fidelitate, aliisque praeclaris animi dotibus fidelissimi et dilectissimi nostri consanguinei et Conciliarii Jacobi Marchionis de Montrose Quibus pro officio praesidis Secreti nostri Concilii antiqui regni nostri Scotiae fungendo, Usquequaque sit instructus, Noveritis igitur nos Nominasse, fecisse, constituisse et ordinasse, Sicuti nos tenore presentium, Nominamus, facimus, Constituimus et Ordinamus eundem Jacobum Marchionem de Montrose Praesidem Secreti nostri concilii praedicti Regni, durante nostro beneplacito solummodo, Cum plenaria potestate illi dicto officio et munere fruendi, gaudendi, utendi et exercendi, Cum universis honoribus, dignitatibus, privilegiis, immunitatibus et casualitatibus quibuscunque eo spectantibus; Atque itidem praefatum Jacobum Marchionem de Montrose tanquam Praesedem nostri Concilii antedicti, locum et Praecedentiam proximam Theasaurario nostro Soli et Principali dicti Regni, et imediate post Locum illum Praecedentiae quam Thesaurarius Principalis pro tempore perprius retinebat, seu retinere debuit, omnibus locis et temporibus durante Spatio antedicto , habere ordinamus , In cujus rei testimonium Praesentibus magnum Sigillum nostrum appendi mandavimus Apud Aulam nostram de Kensingtoun Vigesimo octavo die mensis February Anno domini Millesimo Septingentesimo Sexto, et anno regni nostri quarto Per Signaturam manu S. D. N. Reginae Suprascriptam, Wrytten to the great Seall and registrat the nynteinth day of March IM Viic and six Sic Sub[scrib]itur Charles Kerr Sealled at Edinburgh the nynteinth day of March one thousand Sevine hundreth and six years In absence of Sir Alexander Ogilvie of Forglen Sic Subscribitur John Steuart deput.

At Edinburgh 20 March 1706. Council called extraordinarily

A1706/3/251

Procedure

Commission in favour of James marquis of Montrose to be president of privy council

Commission under the great seal in favour of James [Graham] marquis of Montrose too be president of privy council being presented by Mr Alexander Maitland, clerk, the same was read and ordered to be recorded, and thereafter delivered by [David Erskine] the earl of Crawford, lord president for the time, to the said marquis, who did receive the same upon his knee, as use is, and thereafter the said marquis did qualify himself to her majesty by swearing the oath of allegiance and subscribing the same with the assurance, and the said earl of Crawford as preses for the time did tender to his lordship the oath de fideli, and thereafter his lordship took his place at the board accordingly, of which commission the tenor follows.
Anna by the grace of God queen of Great Britain, France, and Ireland, and defender of the faith, to all good men to whom our present letters will have come, greetings. Since it may be abundantly satisfied to us concerning the faculties, fidelity, and other distinguished qualities of character of our most loyal and dearest kinsman and councillor James, marquis of Montrose, with which he is completely trained for performing the office of president of our privy council of our ancient kingdom of Scotland, know therefore that we have nominated, made, constituted, and ordained, just as by the tenor of the presents, we nominate, make, constitute and ordain the same James, marquis of Montrose president of our privy council of the foresaid kingdom, during our pleasure only, with full power to him of enjoying, taking pleasure in, using, and exercising that office and duty, with all honours, dignities, privileges, immunities and casualties whatsoever pertaining to it. And likewise we ordain the foresaid James, marquis of Montrose as president of our foresaid council to have the place and precedence nearest to our treasurer sole and principal of the said kingdom, and immediately after that place of precedence which the treasurer principal for the time formerly retained, or ought to retain, for all places and times during the aforesaid interval. In testimony whereof, we have ordered our great seal to be appended to these present. At our court of Kensington on 28 February 1706, and in the fourth year of our reign. By the sign manual of our supreme lady the queen above written. Written to the great seal and registered 19 March 1796 Sic subscribitur Charles Kerr. Sealed at Edinburgh 19 March 1706 in absence of Sir Alexander Ogilvie of Forglen Sic Subscribitur John Stewart depute.

1. NRS, PC1/53, 456-7.

1. NRS, PC1/53, 456-7.

Procedure, 20 March 1706, Edinburgh

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Att Edinburgh the Twentieth day of March Jaj vijc and six years. Councell Called extraordinary

A1706/3/241

Procedure

[Crawford elected Preses]

In absence of the Lord high Chancellor, and Lord President of Councell, The Earle of Craufurd elected preses.

At Edinburgh 20 March 1706. Council called extraordinarily

A1706/3/241

Procedure

[Crawford elected preses]

in absence of [James Ogilvie, earl of Seafield] the lord high chancellor and lord president of council, [David Erskine] the earl of Crawford elected preses.

1. NRS, PC1/53, 456.

1. NRS, PC1/53, 456.

Sederunt, 20 March 1706, Edinburgh

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Att Edinburgh the Twentieth day of March Jaj vijc and six years. Councell Called extraordinary1

A1706/3/232

Sederunt

Earl of Craufurd; Earl of Buchan; Earl of Weemes; Earl of Forfar; Earl of Cromartie; Earl of Stair; Earl of Roseberrie; Earl of Glasgow; Lord Yester; Viscount Primrose; Lord Pollworth; Lord Torphichen; Lord Elibank; Lord President of Session; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Arniestoun; Lord Enstruther; Lord Minto; Mr Fr Montgomrie; Laird of Prestrongrange; Laird of Ormiestoun younger; Lord Provest of Edinburgh

At Edinburgh 20 March 1706. Council called extraordinarily1

A1706/3/232

Sederunt

[John Lindsay] earl of Crawford; [David Erskine] earl of Buchan; [David] earl of Wemyss; [Archibald Douglas] earl of Forfar; [George Mackenzie] earl of Cromartie; [John Dalrymple] earl of Stair; [Archibald Primrose] earl of Rosebery; [David Boyle] earl of Glasgow; [Charles Hay] Lord Yester; [James] viscount of Primrose; [Patrick Hume] Lord Polwarth; [James Sandilands] Lord Torphichen; [Alexander Murray] Lord Elibank; [Sir Hew Dalrymple] lord president of session; [Sir James Murray of Philiphaugh] lord register; [Sir James Stewart of Goodtrees] lord advocate; [Adam Cockburn] lord justice clerk; [Robert Dundas] Lord Arniston; [William] Lord Anstruther; [Gilbert Elliot] Lord Minto; Mr Francis Montgomerie; [William Morrison] laird of Prestrongrange; [John Cockburn] laird of Ormiston younger; [Sir Patrick Johnston] lord provost of Edinburgh

1. NRS, PC1/53, 456.

2. NRS, PC1/53, 456.

1. NRS, PC1/53, 456.

2. NRS, PC1/53, 456.

Warrant, 12 March 1706, Edinburgh

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Att Edinburgh the Twelfth day of March Jaj vijc and Six years Counsell Called extraordinary

A1706/3/221

Warrant

Warrand for putting a partie of Souldiers aboard the2 Dumbarton Castle

The Lords of her Majesties privie Counsell, Doe heirby Recommend to David Earle of Levine Commander in chiefe of her Majesties forces within this kingdome, To order a pairtie of twentie foot Sentinells (good and Sufficient men) duly Commanded by ane officer, with a Serjeant Two Corporalls, and one Drum, To repair to New-port Glasgow, upon the […] day of March instant, and there to be shipt aboard her Majesties Shipe and man of warr, The Dumbarton Castell, Captain Matthew Campbell Commander, there to continue dureing his cruise.

At Edinburgh 12 March 1706. Council called extraordinarily

A1706/3/221

Warrant

Warrant for putting a party of soldiers aboard the Dumbarton Castle

The lords of her majesty’s privy council do hereby recommend to David [Melville] earl of Leven, commander in chief of her majesty’s forces within this kingdom, to order a party of twenty foot sentinels (good and sufficient men) duly commanded by an officer, with a sergeant, two corporals, and one drum, to repair to Newport Glasgow, upon the […] day of March instant, and there to be shipped aboard her majesty’s ship and man of war the Dumbarton Castle, Captain Matthew Campbell commander, there to continue during his cruise.

1. NRS, PC1/53, 456.

2. The letters ‘Roy’ scored out here.

1. NRS, PC1/53, 456.

Warrant, 12 March 1706, Edinburgh

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Att Edinburgh the Twelfth day of March Jaj vijc and Six years Counsell Called extraordinary

A1706/3/211

Warrant

Warrand for putting a partie of Souldiers aboard the Royall William

The Lords of her Majesties privie Councell, Doe heirby Recommend to David Earle of Levine Commander in Chieff of her Majesties forces within this kingdome to order a pairtie of Fourtie two Sentinells (Good and Sufficient men) duly Commanded by ane officer, with three Serjeants, Three Corporalls and ane drum to repair to Bruntisland upon the last day of March instant, And there to be Shipped aboard her Majesties Ship and man of warr, The Royall William Captain Thomas Gordon Commander, there to continue dureing his cruise.

At Edinburgh 12 March 1706. Council called extraordinarily

A1706/3/211

Warrant

Warrant for putting a party of soldiers aboard the Royal William

The lords of her majesty’s privy council do hereby recommend to David [Melville] earl of Leven, commander in chief of her majesty’s forces within this kingdom, to order a party of forty-two sentinels (good and sufficient men) duly commanded by an officer, with three sergeants, three corporals, and a drum, to repair to Bruntisland upon the last day of March instant, and there to be shipped aboard her majesty’s ship and man of war the Royal William, Captain Thomas Gordon commander, there to continue during his cruise.

1. NRS, PC1/53, 456.

1. NRS, PC1/53, 456.

Act, 12 March 1706, Edinburgh

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Att Edinburgh the Twelfth day of March Jaj vijc and Six years Counsell Called extraordinary

A1706/3/201

Act

Act disposeing with the Circuits for the year 1706

The Lords of her Majesties Privie Councell Conforme to the power given to them by the act of parliament Have dispensed and heirby dispenses with the Lords Commissioners of Justiciary ther goeing in Circuits for this haill year one thousand Sevine hundreth and Six, And therfor declairs that the saids Lords are not to keep Circuits dureing the space forsaid.

At Edinburgh 12 March 1706. Council called extraordinarily

A1706/3/201

Act

Act disposing with the circuits for the year 1706

The lords of her majesty’s privy council, conform to the power given to them by the act of parliament, have dispensed and hereby dispense with the lord commissioners of justiciary their going in circuits for this whole year 1706, and therefore declare that the said lords are not to keep circuits during the space foresaid.

1. NRS, PC1/53, 455.

1. NRS, PC1/53, 455.

Procedure: committee formed, 12 March 1706, Edinburgh

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Att Edinburgh the Twelfth day of March Jaj vijc and Six years Counsell Called extraordinary

A1706/3/191

Procedure: committee formed

Committie for publict ordinances

The Lords of her Majesties Privie Councell Doe heirby Nominat and appoynt the Marques of Montrose, The Earles of Craufurd, Sutherland, Buchan, Lauderdale, Levine, Dunmore, Cromatie, Stair, Roseberrie and Glasgow, Lords President of Session, Register, Advocat, Justice Clerk, Ensteruther and Pollock, Mr Francis Montgomrie, Laird of Ormiestoun younger, and the Lord provest of Edinburgh, Took a Committie for publict occurrances dureing the insueing vaccance, and declairs any fyve of them to be a quorum, and to report.

At Edinburgh 12 March 1706. Council called extraordinarily.

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Procedure: committee formed

Committee for public ordinances

The lords of her majesty’s privy council do hereby nominate and appoint [James Graham] the marquis of Montrose, [John Lindsay earl of] Crawford, [John Gordon earl of] Sutherland, [David Erskine earl] of Buchan, [John Maitland earl of] Lauderdale, [David Melville earl of] Leven, [Charles Murray earl of] Dunmore, [George Mackenzie earl of] Cromartie, [John Dalrymple earl of] Stair, [Archibald Primrose, earl of] Rosebery, [David Boyd, earl of] Glasgow, [Sir Hew Dalrymple] lord president of session, Sir James Murray of Philiphaugh] lord register, [Sir James Stewart of Goodtrees] lord advocate, [Adam Cockburn] lord justice clerk, [William] Lord Anstruther, [Sir John Maxwell laird of] Pollok, Mr Francis Montgomerie, [John Cockburn] laird of Ormiston younger, and [Sir Patrick Johnston] the lord provost of Edinburgh, [to be] a committee for public occurrences during the ensuing vacancy, and declare any five of them to be a quorum, and to report.

1. NRS, PC1/53, 455.

1. NRS, PC1/53, 455.

Act, 12 March 1706, Edinburgh

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Att Edinburgh the Twelfth day of March Jaj vijc and Six years Counsell Called extraordinary

A1706/3/181

Act

Act In favours of Mr John Webster for possession of the Kirks manse and Gleib of Fetternesso

Anent the petition given in and presented to the Lords of her Majesties Privie Councell by Mr John Webster Minister of Fetteresso, Shewing that in the proces att his instance and the agent for the Kirk Against Mr Gideon Guthrie Intruder at the said Kirk of Fetteresso and Severall others, The Saids Lords inrespect of the not Compearance of the defenders, Granted certification in comon forme; And wpon the petitioners application by bill, Their lordships wer also pleased to ordaine the Shirreff of Kincardine not only to putt the petitioner in possession of the said Kirk of Fetteresso, but also to mantaine and defend him therin, And for that effect to make the kirk open and patent, and delyver the keyes therof to the petitioner, as ane act extracted therupon bears: And Seeing the Said Mr Gideon Guthrie continues the possession of the Manse and Gleib att Fetteresso, And that unless the saids lords appoynt him furthwith to remove, It would be impossible for the petitioner to attaine the possession therof, and by consequence to attend his charge att the Said Kirk as he owght, and that the most effectuall way would be to grant warrand to and appoynt the Shirreff of the Shyre to putt the petitioner in possession of the said Manse and Gleib, and dispossess the said Intruder, And therfor craveing to the effect wnderwrytten, as the said petition bears; The Lords of her Majesties Privie Councell haveing considered the said petition given in to them by Mr John Webster And the Samen being read in ther presence, The Saids Lords doe heirby Decerne and Ordaine the Said Mr Gideon Guthrie Intruder att Fetteresso, and to leave the Samen voyd and redd, that the petitioner may enter therto, And peaceably bruik and possess the Same, dureing his Incumbencie therat, And Ordains the Shirreff of Kincardine and his deputs to dispossess the said Mr Gideon Guthrie, And to Setle mantaine and defend the petitioner in the peaceable possession therof, And Ordains letters of horning wnder the Signet of Councell to be direct heirupon both against the said Mr Gideon Guthrie to remove, And als against the Shirreff and his deputs for putting the petitioner in possession of the said Kirk, Manse and Gleib.

At Edinburgh 12 March 1706. Council called extraordinarily

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Act

Act in favour of Mr John Webster for possession of the kirk, manse, and glebe of Fetteresso

Concerning the petition given in and presented to the lords of her majesty’s privy council by Mr John Webster, minister of Fetteresso, showing that in the process at his instance and the agent for the kirk against Mr Gideon Guthrie, intruder at the said kirk of Fetteresso, and several others, the said lords, in respect of the non-appearance of the defenders, granted certification in common form. And upon the petitioners’ application by bill, their lordships were also pleased to ordain the sheriff of Kincardine not only to put the petitioner in possession of the said kirk of Fetteresso, but also to maintain and defend him therein, and for that effect to make the kirk open and patent, and deliver the keys thereof to the petitioner, as an act extracted thereupon bears. And seeing the said Mr Gideon Guthrie continues [in] the possession of the manse and glebe at Fetteresso, and that unless the said lords appoint him forthwith to remove, it would be impossible for the petitioner to attain the possession thereof, and by consequence to attend his charge at the said kirk as he ought, and that the most effectual way would be to grant warrant to and appoint the sheriff of the shire to put the petitioner in possession of the said manse and glebe, and dispossess the said intruder, and therefore craving to the effect underwritten, as the said petition bears. The lords of her majesty’s privy council having considered the said petition given in to them by Mr John Webster, and the same being read in their presence, the said lords do hereby discern and ordain the said Mr Gideon Guthrie, intruder at Fetteresso, to leave the same void and cleared, that the petitioner may enter thereto, and peaceably have and possess the same, during his incumbency thereat. And ordain the sheriff of Kincardine and his deputes to dispossess the said Mr Gideon Guthrie, and to settle, maintain, and defend the petitioner in the peaceable possession thereof. And ordain letters of horning under the signet of council to be directed hereupon both against the said Mr Gideon Guthrie to remove, and also against the sheriff and his deputes for putting the petitioner in possession of the said kirk, manse, and glebe.

1. NRS, PC1/53, 455.

1. NRS, PC1/53, 455.