Tag Archives: March

Sederunt, 28 March 1705(pm), Edinburgh

Posted on by

[28 March 1705] Eodem die post meridiem1

A1705/3/312

Sederunt

Lord Chancellor; Marquis of Tweddale P:C:; Earl of Rothes P.S.; Marquis of Montrose; Earl of Roxburgh S.; Earl of Buchan; Earl of Lauderdale; Earl of Roseberrie; Lord Yester; Lord Advocat; Lord Theasaurer Deput; Lord Arniestoun; Lord Enstruther; Lord Phesdo; Mr Fr Montgomrie; Lord Provest of Edinburgh

[At Edinburgh] 28 March 1705 pm1

A1705/3/312

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; [David Erskine] earl of Buchan; [John Maitland] earl of Lauderdale; [Archibald Primrose] earl of Rosebery; [Charles Hay] Lord Yester; [Sir James Stewart of Goodtrees] lord advocate; [George Baillie of Jerviswood] lord treasurer depute; [Robert Dundas] Lord Arniston; [Sir William Anstruther] Lord Anstruther; [Sir James Falconer] Lord Phesdo; Francis Montgomerie; [Sir Patrick Johnston] lord provost of Edinburgh

1. NRS, PC1/53, 379.

2. NRS, PC1/53, 379.

1. NRS, PC1/53, 379.

2. NRS, PC1/53, 379.

Procedure, 28 March 1705, Edinburgh

Posted on by

Att Edinburgh the Twentie eight day of March one thousand sevene hundreth and fyve years

A1705/3/301

Procedure

Recommendation to wrytt to Captain Campbell

The Lords high Chancellor2 haveing received a letter from Captain Matthew Campbell Commander of her Majesties Shipe the Dumbarton Castell, And the Samen being by his Lordship Communicat to the Board and read in their presence, The saids Lords doe heirby Recommend to the Lord high Chancellor (in his Lordships returne to the forsaid Letter) To appoynt him to persue his Cruize conforme to his instructions given to him by the saids Lords of her Majesties Privie Councill how soon he hath brought up the Shipe mentioned in his Letter to New Port Glasgow; As also to appoynt the said Captain Campbell to send in to the said Lord high Chancellor to be communicat to the board a full Information of the grounds he hath for bringing up the said Shipe, and of the documents aboard her for seasing thereof.

At Edinburgh 28 March 1705

A1705/3/301

Procedure

Recommendation to write to Captain Campbell

[James Ogilvie, earl of Seafield] lords high chancellor having received a letter from Captain Matthew Campbell, commander of her majesty’s ship the Dumbarton Castle, and the same being by his lordship communicated to the board and read in their presence, the said lords do hereby recommend to the lord high chancellor (in his lordship’s return to the foresaid letter) to appoint him to pursue his cruise conform to his instructions given to him by the said lords of her majesty’s privy council how soon he has brought up the ship mentioned in his letter to New Port Glasgow. As also to appoint the said Captain Campbell to send in to the said lord high chancellor to be communicated to the board a full information of the grounds he has for bringing up the said ship, and of the documents aboard her for seizing thereof.

1. NRS, PC1/53, 379.

2. The phrase ‘high Chancellor’ in an insertion. It appears over the words ‘of her Majesties privy Councill’, which are scored out.

1. NRS, PC1/53, 379.

2. The phrase ‘high Chancellor’ in an insertion. It appears over the words ‘of her Majesties privy Councill’, which are scored out.

Procedure, 28 March 1705, Edinburgh

Posted on by

Att Edinburgh the Twentie eight day of March one thousand sevene hundreth and fyve years

A1705/3/291

Procedure

Sir Alexander Ogilvie

Oath of alleadgance Sworne and the same with the assurance Signed by Sir Alexander Ogilvie of Forglen as Keeper of the Great Seall In presence of her Majesties Advocat being this day reported to the Counsell the same was appoynted to be recorded and putt up among the oaths.

At Edinburgh 28 March 1705

A1705/3/291

Procedure

Sir Alexander Ogilvie

Oath of allegiance sworn, and the same with the assurance, signed by Sir Alexander Ogilvie of Forglen as keeper of the great seal in presence of [Sir James Stewart of Goodtrees] her majesty’s advocate being this day reported to the council, the same was appointed to be recorded and put up among the oaths.

1. NRS, PC1/53, 379.

1. NRS, PC1/53, 379.

Procedure, 28 March 1705, Edinburgh

Posted on by

Att Edinburgh the Twentie eight day of March one thousand sevene hundreth and fyve years

A1705/3/281

Procedure

Commission In favors of the Marques of Annandale To be Commissioner to the Generall Assemblie

Commission under the great seall of this kingdome In favours of William Marques of Annandale to be Commissioner to and represent her Majesties Royall persone in the ensueing Generall Assembly presented by Sir Gilbert Elliot Clerk, and the Samen was read and ordered to be recorded, And thereafter was delyvered by the said Sir Gilbert to the Lord Chancellor, who delyvered the Samen to the Earle of Buchan In name and in absence of his Grace her Majesties Commissioner, and who received the Samen on his knees as use is, Quhereof the tenor follows.
Anna dei Gratia Magnae Brittaniae, Franciae et Hyberniae Regina, fideique defensor, Omnibus probis hominibus ad quos praesentes Literae nostrae pervenerint, Salutem, Quandoquidem ex decreto nostro Generalis Ecclesiae Conventus antiqui regni nostri Scotiae In vigesimum nonum diem mensis Martii instantis Convenire ordinatur, nosque autem abunde cupide, Quin etiam necessarium esse Judicantes In Commodum dictae Ecclesiae ut idem Generalis Conventus die Statuto debite observetur, sed rebus magni momenti nos alio vocantibus, Dicto Conventui interesse nequimus Et multis testimoniis nobis abunde Satisfactum est de Sufficientia et fidelitate fidelissimi et dilectissimi nostri consanguinei et Conci[a]liarii Willielmi Marchionis de Annandale Quod ad munera Summi officii infra specificati rite exercenda et obeunda usquequaque sit instructus et idoneus, Noveritis igitur nos Nominasse et Constituisse, Sicuti nos tenore praesentium Nominamus et Constituimus eu[n]dem Gulielmum Marchionem de Annandale Supremum nostrum Commissionarium quoad effectum infra express[um]; Damus pariter et concedimus illi plenissimam nostram potestatem, Commissionem et Warrantum Sacram nostram personam et authoritatem nostram regalem representandi, praesentiam nostram supplendi, Locumque nostrum in dicto Subsequenti Generali Conventu, tanquam Commissionario nostro in hunc effectum specialiter constituto, tenendi, Omniaque alia ad Imperium et munus Commissionarii pro Generali Ecclesiae conventu peragendi , tam plene adeoque libere in quovis respectu, quam quilibet alius ejusdem Summi muneris facere2, Seu quovis tempore retr[o]acto facere potuerat ; Atque Sicuti nos ipsi personaliter praesente facere poterimus; Quaequidem omnia et Singula a dicto Gulielmo Marchione de Annandale in hac nostra Commissione prosequenda legittime facienda, Nos firmiter approbamus, Rati habemus et Habituri sumus: Omnibus et Singulis insuper antedicti Conventus et Ecclesiae Pastoribus et Presbiteris, Caeterisque quibuscunque hujus regni nostri Subditis, cujuscunque qualitatis et conditionis ut dictum Gulielmum Marchionem de Annandale tanquam Supremum nostrum Commissionarium quoad effectum et modum Supramentionatum Agnoscant reverantur et dicto ipsius audientes se praebeant Stricte Mandamus et Imperamus, Ac denique hanc nostram Commissionem a dicto vigesimo nono die dicti mensis Martii instantis instantis, et Sic deinceps durante sequenti Sessione praedicti Generalis Ecclesiae Conventus in vigore continuare Declaramus Saltem donec a nobis revocabitur et exonerabitur In Cujus rei Testimonium Praesentibus Magnum Sigillum nostrum Appendi Mandavimus Apud Aulam nostram de St James’s Nono die mensis Martii Anno domini Millesimo Septingesimo3 quinto et Anno regni nostri quarto Per Signaturam manu S . D . N . Reginae Suprascriptam , Wrytten to the great Seall , and reg[ist]rat the twentie sixth day of March 1705. Sic Subscribitur Charles Kerr, Sealled at Edinburgh the Twentie Seventh day of March Jaj vijc and fyve Sic Subscribitur Alexander Ogilvie.

At Edinburgh 28 March 1705

A1705/3/281

Procedure

Commission in favour of the marquis of Annandale to be commissioner to the General Assembly

Commission under the great seal of this kingdom in favour of William [Johnston] marquis of Annandale to be commissioner to and represent her majesty’s royal person in the ensuing General Assembly presented by Sir Gilbert Elliot, clerk, and the same was read and ordered to be recorded, and thereafter was delivered by the said Sir Gilbert to the lord chancellor, who delivered the same to [David Erskine] earl of Buchan in name and in absence of his grace her majesty’s commissioner, and who received the same on his knees as use is. Whereof the tenor follows:
Anne, 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 a General Assembly of the Church of our ancient kingdom of Scotland is ordained from our decree to convene on 29 March instant, and we indeed desiring abundantly, moreover judging it to be necessary, for the profit of the said Church that the same General Assembly should be observed on the day duly established, but are unable to be present at the said assembly because of reasons of great importance calling us elsewhere. And it is satisfied to us abundantly by many testimonies about the sufficiency and loyalty of our most faithful and loved kinsman and councillor William [Johnston] marquis of Annandale, that he may be completely learned and suitable for exercising and performing rightly duties of the highest office within specified. Know therefore that we have nominated and constituted, just as by the tenor of the presents we nominate and constitute the same William, marquis of Annandale our high commissioner, as far as the effect within expressed. Equally, we give and grant to him our fullest power, commission, and warrant of representing our sacred person and our royal authority, of supplying our presence and holding our place in the said following General Assembly, as our commissioner especially constituted in this effect, and of doing all other things belonging to the command and duty of commissioner for the General Assembly of the Church, so fully and so freely in whatever respect as any other of that highest office had done, or at any time past was able to do, and just as we ourselves shall be able to do personally present. All and single to be followed in this our commission to be done legitimately by the said William, marquis of Annandale, we hold firm, and will hold to all and single. Moreover, to the pastors and elders of the foresaid assembly and Church, and the remaining subjects whatsoever of this our kingdom, of whatever quality and condition, we order and command strictly that they recognise the said William, marquis of Annandale as our high commissioner as far as the effect and way mentioned above, revere, and provide themselves listening to his word. And finally, we declare this our commission to continue in strength from the said 29 March instant and so on during the following session of the foresaid General Assembly of the Church, at least until it will be revoked and exonerated by us. In testimony whereof, we have ordered our great seal to be appended to the presents. At our court of St James’s on 9 March 1705, 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 26 March 1705. Sic Subscribitur Charles Kerr, sealed at Edinburgh 27 March 1705 Sic Subscribitur Alexander Ogilvie.

1. NRS, PC1/53, 378-9.

2. Sic. *Recte* ‘fecerat’.

3. Sic.

1. NRS, PC1/53, 378-9.

Procedure, 28 March 1705, Edinburgh

Posted on by

Att Edinburgh the Twentie eight day of March one thousand sevene hundreth and fyve years

A1705/3/271

Procedure

[Commission Marquess of Tweeddale to be President of Privy Council]

Commission under the great seall of this kingdome In favours of John Marques of Tweddale to be president of privie Councill being presented by Sir Gilbert Elliot the samen was read and ordered to be recorded, and was delyvered by the said Sir Gilbert to the Lord Chancellor, who delyvered the samen to the Lord Marques, and who received the samen upon his knees, as use is, and his lordship haveing sworne the oath of alleadgance, and signed the same with the assurance, The Lord Chancellor did tender to his lordship the oath de fidelii, and thereafter his lordship took his place at the board accordingly.2

At Edinburgh 28 March 1705

A1705/3/271

Procedure

[Commission marquis of Tweeddale to be president of privy council]

Commission under the great seal of this kingdom in favour of John [Hay] marquis of Tweeddale to be president of privy council being presented by Sir Gilbert Elliot, the same was read and ordered to be recorded, and was delivered by the said Sir Gilbert to [James Ogilvie, earl of Seafield] lord chancellor, who delivered the same to the lord marquis, and who received the same upon his knees, as use is, and his lordship having sworn the oath of allegiance, and signed the same with the assurance, the lord chancellor did tender to his lordship the oath de fidelii, and thereafter his lordship took his place at the board accordingly.

1. NRS, PC1/53, 377.

2. The commission is not recorded. The rest of the page has been left blank and the record resumes on the following page.

1. NRS, PC1/53, 377.

Procedure, 28 March 1705, Edinburgh

Posted on by

Att Edinburgh the Twentie eight day of March one thousand sevene hundreth and fyve years

A1705/3/261

Procedure

[Earl of Roxburgh takes the oath de fidelii]

The Earl of Roxburgh being this day present in Councill, The Lord Chancellor did tender to his Lordship the oath de fidelii, and his Lordship took his 2 place at the board accordingly, his lordship having sworne the oath of alleadgance, and subscribit the same with the assureance at Court, and the samen reported to the Councill before.

At Edinburgh 28 March 1705

A1705/3/261

Procedure

[Earl of Roxburghe takes the oath de fidelii]

[John Ker] earl of Roxburghe being this day present in council, [James Ogilvie, earl of Seafield] lord chancellor did tender to his lordship the oath de fidelii, and his lordship took his place at the board accordingly, his lordship having sworn the oath of allegiance, and subscribed the same with the assurance at court, and the same reported to the council before.

1. NRS, PC1/53, 377.

2. The word ‘oath’ scored out here.

1. NRS, PC1/53, 377.

Procedure, 28 March 1705, Edinburgh

Posted on by

Att Edinburgh the Twentie eight day of March one thousand sevene hundreth and fyve years

A1705/3/251

Procedure

[Earl of Seafield takes the oath of allegience]

The oath of alleadgance sworne and the samen with the assurance signed by James Earle of Seafeild Lord high Chancellor In presence of her Majesties advocat, Being this day reported to the Councill, The same was appoynted to be recorded, and putt up among the oaths, And the Lord Advocat did tender to his Lordship the oath de fidelii.

At Edinburgh 28 March 1705

A1705/3/251

Procedure

[Earl of Seafield takes the oath of allegiance]

The oath of allegiance sworn and the same with the assurance signed by James [Ogilvie] earl of Seafield, lord high chancellor, in presence of [Sir James Stewart of Goodtrees] her majesty’s advocate, being this day reported to the council, the same was appointed to be recorded, and put up among the oaths, and the lord advocate did tender to his lordship the oath de fidelii.

1. NRS, PC1/53, 377.

1. NRS, PC1/53, 377.

Sederunt, 28 March 1705, Edinburgh

Posted on by

Att Edinburgh the Twentie eight day of March one thousand sevene hundreth and fyve years1

A1705/3/242

Sederunt

Lord Chancellor; Marquis of Tweddale p.c.; Earl of Rothes p.s.; Marquis of Montrose; Earl of Roxburgh; Earl of Southerland; Earl of Buchan; Earl of Lauderdale; Earl of Forfar; Earl of Dunmore; Earl of Roseberrie; Lord Yester; Lord Advocat; Lord Theasaurer deput; Lord Arniestoun; Lord Phesdo; Mr Fr Montgomrie; Lord Provost of Edinburgh

At Edinburgh 28 March 17051

A1705/3/242

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; John Gordon] earl of Sutherland; [David Erskine] earl of Buchan; [John Maitland] earl of Lauderdale; [Archibald Douglas] earl of Forfar; [Charles Murray] earl of Dunmore; [Archibald Primrose] earl of Rosebery; [Charles Hay] Lord Yester; [Sir James Stewart of Goodtrees] lord advocate; [George Baillie of Jerviswood] lord treasurer depute; [Robert Dundas] Lord Arniston; [Sir James Falconer] Lord Phesdo; Francis Montgomerie; [Sir Patrick Johnston] lord provost of Edinburgh

1. NRS, PC1/53, 377.

2. NRS, PC1/53, 377.

1. NRS, PC1/53, 377.

2. NRS, PC1/53, 377.

Order, 21 March 1705, Edinburgh

Posted on by

Att Edinburgh the Twentie first day of March Jaj vijc and fyve years

A1705/3/231

Order

[Recommendation of Captain George Yeaman to her Majesties Thesaury]

The Lords of her Majesties Privie Councill Doe heirby Recommend Captain George Yeaman in Dundee To the Lords Commissioners of her Majesties Theasaury for present and imediat payment to be made to him of the Sowme of Threttie pound Sterling money for his pains in attending the tryall att the instance of the procurator Fiscall to the Admirall Court Against Captain Thomas Green and his Crew befor the Said Admirall Court, And being Interpreter to the out Landish wittnesses that wer led as wittnesses in the said proces, And attending to See the ballist of the said Shipe the Worchester Libered by the Committies order.

At Edinburgh 21 March 1705

A1705/3/231

Order

[Recommendation of Captain George Yeaman to her majesty’s treasury]

The lords of her majesty’s privy council doe hereby recommend Captain George Yeaman in Dundee to the lord commissioners of her majesty’s treasury for present and immediate payment to be made to him of the sum of £30 Sterling money for his pains in attending the trial at the instance of the procurator fiscal to the admiralty court against Captain Thomas Green and his crew before the said admiralty court, and being Interpreter to the foreign witnesses that were led as witnesses in the said process, and attending to see the ballast of the said ship the Worcester unloaded by the committee’s order.

1. NRS, PC1/53, 376-7.

1. NRS, PC1/53, 376-7.

Letter: from the council, 21 March 1705, Edinburgh

Posted on by

Att Edinburgh the Twentie first day of March Jaj vijc and fyve years

A1705/3/221

Letter: from the council

Letter from the Councill To the Secretary anent Captain Hews

Letter from the Councill to the Earle of Roxburgh Secretary in waiting anent Captain Hews giveing Satisfaction to the Councill for the abuse committed wpon the Scots Ships and barques that passes the firth, Being read was Signed by the Marques of Annandale In name and in presence of the Counsell, and ordered to be recorded, and transmitted by a flying packet The tenor of which Letter follows
My Lord
The Councill having received information of abuses and insults committed by those belonging to Captain Hews Commander of the Winchester Friggott Sent down hither to convoy the recruits for Holland, wpon our Ships and barks within our firth and harbours, and haveing called him, and he refuseing to appear2 to answer for the Same, They ordered a representation to be made therof and Laid befor her Majestie for vindicating the authority of her Majesties Councill, and censureing of the Captain as they Judged him to deserve, But the Captain being Since better informed, and coming to a Just Sense of his mistake, hath made his application to the Councill acknowledging his mistake, and with all hath Satisfied ther Lordships that his officers and Seamen had exceeded his orders and that for heirafter he would be very carefull to behave with all respect and deference to their lordships, and give no cause of offense, Wherfor the Councill considering that the dispatch of the recruits which are now ready to be Sent away, did greatly concerne her Majesties Service, They did the more ready inclyns to accept of the Captains acknowledgment, and to allow him to take the recruits aboard, and under his convoy conforme to his first orders, And therwpon have appoynted the matter as it now is to be represented to her Majestie, that the Captains offense may be past, And that her Majestie would be pleased to allow what her Counsell hath done in accepting of the Captains acknowledgment and reponeing him to the trust was committed to him, For the Councill was Justly apprehensive that if the recruits Should be Stopt, And to Sending of them delayed till a new Convoy Should be Sent down to attend them, It might in this Season of the year be greatly prejudiciall. The Councill doe also desyre that her Majestie may be informed that when our Ships doe carrie recruits to Holland the Dutch neglect to give them any convoys for ther Safe returne, And that therfor her Majestie would be pleased to recommend it to her. Envoy at the Hague that when at any tyme our Ships Shall carry over recruits they may wpon ther arryveall in Holland be provyded of Convoys for ther Safe returne, And that ther may be no more occasion given of the Complaints that have been made of ther being necessitat to wait ther for convoys for for3 Severall moneths to their great Loss and damnage, which is both a hardshipe wpon the Ships and persons concerned, And are all obstruction of her Majesties Service, which the Councill doe earnestly intreat may be fore heirafter prevented, This by warrand, and in presence of the Lords of her Majesties Privie Councill is Signified to yor Lordship By My Lord Yor Lordships humble Servant Sic Subscribitur Annandale I.P.D.

At Edinburgh 21 March 1705

A1705/3/221

Letter: from the council

Letter from the council to the secretary concerning Captain Hews

Letter from the council to [John Ker] earl of Roxburghe, secretary in waiting, concerning Captain Hews giving satisfaction to the council for the abuse committed upon the Scots ships and barques that pass the firth, being read was signed by [William Johnston] marquis of Annandale in name and in presence of the council, and ordered to be recorded, and transmitted by a flying packet. The tenor of which letter follows:
My Lord
The council having received information of abuses and insults committed by those belonging to Captain Hews, commander of the Winchester frigot sent down hither to convoy the recruits for Holland, upon our ships and barques within our firth and harbours, and having called him, and he refusing to appear to answer for the same, they ordered a representation to be made thereof and laid before her majesty for vindicating the authority of her majesty’s council, and censuring of the captain as they judged him to deserve. But the captain being since better informed, and coming to a just sense of his mistake, has made his application to the council acknowledging his mistake, and therefore has satisfied their lordships that his officers and seamen had exceeded his orders and that for hereafter he would be very careful to behave with all respect and deference to their lordships, and give no cause of offence, Wherefore the council, considering that the dispatch of the recruits which are now ready to be sent away, did greatly concern her majesty’s service, they did the more ready incline to accept of the captain’s acknowledgment, and to allow him to take the recruits aboard, and under his convoy, conform to his first orders, and thereupon have appointed the matter as it now is to be represented to her majesty, that the captain’s offence may be past, and that her majesty’s would be pleased to allow what her council has done in accepting of the captain’s acknowledgment and restoring him to the trust [that] was committed to him. For the council was justly apprehensive that if the recruits should be stopped, and the sending of them delayed until a new convoy should be sent down to attend them, it might in this season of the year be greatly prejudicial. The council do also desire that her majesty may be informed that when our ships doe carry recruits to Holland, the Dutch neglect to give them any convoys for their safe return, and that therefor her majesty would be pleased to recommend it to her envoy at The Hague that when at any time our ships shall carry over recruits, they may upon their arrival in Holland be provided of convoys for their safe return, and that there may be no more occasion given of the complaints that have been made of their being necessitated to wait there for convoys for for several months, to their great loss and damage, which is both a hardship upon the ships and persons concerned, and are all obstruction of her majesty’s service, which the council does earnestly entreat may be for hereafter prevented. This by warrant, and in presence of the lords of her majesty’s privy council is signified to your lordship by, my lord, your lordship’s humble servant Sic Subscribitur Annandale I.P.D.

1. NRS, PC1/53, 376.

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

3. Sic.

1. NRS, PC1/53, 376.