Tag Archives: May

Order, 30 May 1705, Edinburgh

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Att Holyrudehouse the threttieth day of May Jaj vijc and fyve yeirs

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Order

Recommendation to the Lord Advocat to prosecute those that had come from France since the Indemnitie

His Grace her Majesties high Commissioner, and the Lords of her Majesties privie Councell Doe heirby Recommend to the Lord Advocat to raise a lybell at his lordships instance against all such persons as wer in France, and came out therof, and returned to this kingdome Since her Majesties gracious Indemnities And insist therin, or in any other proces or lybell already raised against them to the finall end and decision therof, And appoynts the saids lybells to be raised betwixt and the nixt Councell day.

At Holyroodhouse 30 May 1705

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Order

Recommendation to the lord advocate to prosecute those that had come from France since the indemnity

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner and the lords of her majesty’s privy council doe hereby recommend to the lord advocate [Sir James Stewart of Goodtrees] to raise a libel at his lordship’s instance against all such persons as were in France, and came out thereof and returned to this kingdom since her majesty’s gracious indemnities, and insist therein, or in any other process or libel already raised against them to the final end and decision thereof. And appoint the said libels to be raised between [now] and the next council day.

1. NRS, PC1/53, 409.

1. NRS, PC1/53, 409.

Act, 30 May 1705, Edinburgh

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Att Holyrudehouse the threttieth day of May Jaj vijc and fyve yeirs

A1705/5/301

Act

Prorogation of Captain Livingstons banishment

Anent the petition given in and presented to his Grace her Majesties high Commissioner, and Lords of her Majesties Privie Councell By Captain John Livingstoun late of her Majesties Royall redgment of foot, Shewing that the petitioner being wnder Sentance of banishment Since September Last, had on severall occasions obtained a prorogation of his removeall from this kingdome to the first of June nixt, He humbly beged ther lordships to consider /1o/ That the dangerous State of his health was one of the motives that induced him by the advyce of Phisitians abroad to come to this kingdome to try his native air, when ther medicins failled of Success. /2do/ That he continues allmost in the Same dangerous habite of body, being under a felt gravell, and visible decay, and thought to have ane Ulcer in the Kidneyes, in wherby it is impossible to him to travell, without eminent hazard of lyfe, which is evident, as of itselfe, So by the attestation of a phisitian and Surgeon heirwith produced, 3o/ That Since his arryvall he hes given offence to non, but behaved himselfe with all due honor to the saids Lords ther orders, (4o/ That his health not allowing him to follow any Imployment (as in all probability it never can) he is desyerous for reasons obvious enough to continue with his freinds heir /5o/ That the petitioners removeall from this kingdome might be of dangerous consequence to his profession being a protestant, which he hopes in God to preserve to the end of his lyfe as he hes hitherto done inviolably, The Roman Catholicks (as is very weell knowen to your lordships) seldome or never never failling by all the arts and inducements imaginable to indeavour to proselite men in farr better circumstances then the petitioner was, And therfor Craveing it might please ther lordships graciously to take off the Sentence of his banishment, As the said petition bears, His Grace her Majesties high Commissioner, And Lords of her Majesties Privie Counsell having considered the within petition given in to them by Captain John Livingston late in the redgment of foot Commanded by the late Earle of Dumbarton, And the Samen with ane attestation upon Soull and conscience wnder the hand of a Phisitian and Surgeon being read in their presence, His Grace, and the Saids Lords Doe heirby continue the deportatione of the petitioner furth of this kingdome till the Ellevinth day of November nixt to come, And in the mean tyme appoynts him to renew his Caution in the termes of his former bond.

At Holyroodhouse 30 May 1705

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Act

Prorogation of Captain Livingston’s banishment

Concerning the petition given in and presented to his grace [John Campbell, duke of Argyll] her majesty’s high commissioner and lords of her majesty’s privy council by Captain John Livingston, late of her majesty’s royal regiment of foot, showing that the petitioner being under sentence of banishment since September last, had on several occasions obtained a prorogation of his removal from this kingdom to 1 June next, he humbly begged their lordships to consider /1o/ That the dangerous state of his health was one of the motives that induced him by the advice of physicians abroad to come to this kingdom to try his native air, when their medicines failed of success. /2do/ That he continues almost in the same dangerous habit of body, being under a felt gravel, and visible decay, and thought to have an ulcer in the kidneys, in whereby it is impossible to him to travel, without eminent hazard of life, which is evident, as of it self, so by the attestation of a physician and surgeon herewith produced. 3o/ That since his arrival he has given offence to none, but behaved himself with all due honour to the said lords their orders. 4o/ That his health not allowing him to follow any employment (as in all probability it never can) he is desirous for reasons obvious enough to continue with his friends here. /5o/ That the petitioner’s removal from this kingdom might be of dangerous consequence to his profession, being a Protestant, which he hopes in God to preserve to the end of his life as he has hitherto done inviolably, the Roman Catholics (as is very well known to your lordships) seldom or never never failing by all the arts and inducements imaginable to endeavour to proselyte men in far better circumstances than the petitioner was. And therefor craving it might please their lordships graciously to take off the sentence of his banishment, as the said petition bears. His grace her majesty’s high commissioner and lords of her majesty’s privy council having considered the within petition given in to them by Captain John Livingston, late in the regiment of foot commanded by the late [George Douglas] earl of Dumbarton, and the same with an attestation upon soul and conscience under the hand of a physician and surgeon being read in their presence, his grace and the said lords do hereby continue the deportation of the petitioner forth of this kingdom till 11 November next to come, and in the meantime appoint him to renew his caution in the terms of his former bond.

1. NRS, PC1/53, 408.

1. NRS, PC1/53, 408.

Act, 30 May 1705, Edinburgh

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Att Holyrudehouse the threttieth day of May Jaj vijc and fyve yeirs

A1705/5/291

Act

Prorogation of William Durhams banishment

Anent the petition given in to his Grace her Majesties high Commissioner, and Lords of her Majesties Privie Councell By William Durhame Shewing that his Grace and ther lordships Sentence and act of the date the tent of May instant, the petitioner was banished this kingdome, and therby was bound and had found Sufficient Cautione to transport himselfe fwrth of the Same, betwixt and the tent of June nixt, which Sentence the petitioner was ready to obey, But in regaird he laboured under the gravell, and other tenderness of body, wherby he cannot travell by England, And tho he wer able, yet being destitut of freinds, It was not in his power to procure a passport, And in indeavouring for one, might meet with hardshipe, as being condemned for a Suspect preist, or traffecking papist, which the saids Lords Sentence, which he must carrie along with him would evidence; And that for craveing It might please his Grace and their lordships to prorogat the forsaid day, till the first occasion of a Scots fleets goeing from hence to Holland, wherin the petitioner was ready to transport himselfe, For which effect his former baill was to stand, till he returned certificats at his arryveall, Seeing his indisposition of body rendered him incapable of travelling by land, As the said petition bears, His Grace her Majesties high Commissioner, and the Lords of her Majesties Privie Councell haveing considered this petition given in to them by William Durham, And the Samen being read in ther presence, His Grace and the saids Lords, Doe heirby prorogat the tyme of the petitioners banishment furth of this kingdome, till the Twentieth day of July nixt to come, And in the mean tyme appoynts him to renew his baill, As in the former bond of Cautionrie granted by him.

At Holyroodhouse 30 May 1705

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Act

Prorogation of William Durham’s banishment

Concerning the petition given in to his grace [John Campbell, duke of Argyll] her majesty’s high commissioner and lords of her majesty’s privy council by William Durham, showing that [by] his grace and their lordships’ sentence and act of the date 10 May instant, the petitioner was banished [from] this kingdom, and thereby was bound and had found sufficient caution to transport himself forth of the same, between [now] and 10 June next, which sentence the petitioner was ready to obey, but in regard he laboured under the gravell, and other tenderness of body, whereby he cannot travel by England, and though he was able, yet being destitute of friends, it was not in his power to procure a passport, and in endeavouring for one, might meet with hardship, as being condemned for a suspected priest, or trafficking papist, which the said lords’ sentence, which he must carry along with him would evidence. And that for craving it might please his grace and their lordships to prorogue the foresaid day, till the first occasion of a Scots fleets going from hence to Holland, wherein the petitioner was ready to transport himself, for which effect his former bail was to stand, till he returned certificates at his arrival, seeing his indisposition of body rendered him incapable of travelling by land, as the said petition bears. His grace her majesty’s high commissioner and the lords of her majesty’s privy council having considered this petition given in to them by William Durham, and the same being read in their presence, his grace and the said lords do hereby prorogue the time of the petitioner’s banishment forth of this kingdom till 20 July next to come, and in the meantime appoint him to renew his bail, as in the former bond of caution granted by him.

1. NRS, PC1/53, 407-8.

1. NRS, PC1/53, 407-8.

Act, 30 May 1705, Edinburgh

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Att Holyrudehouse the threttieth day of May Jaj vijc and fyve yeirs

A1705/5/281

Act

Repryve to Bruckley

His Grace her Majesties high Commissioner, And the Lords of her Majesties Privie Councell, Doe heirby Repryve John Bruckley one of the deceast Captain Greens Crew from the Sentence of death appoynted to be execute against them wpon the Twentie day of June nixt to come from the said day till the fyfteint day of August nixt to come, And discharges the said Sentence of death to be putt in execution against him till the said day; And appoynts and Ordains the Magistrats of Edinburgh to cause the Sentence pronounced against the said John Bruckley by the Judges of Admirality and assessors appoynted to them, be putt to punctuall execution against him upon the said fyfteinth day of August nixt to come betwixt the hours of Eight in the morning and four in the afternoon, In the Same place, and in the Same maner, as was appoynted by the saids Judges and assessors forsaids in the Sentence pronounced against them Sic Subscribitur Argyll Commissioner Seafeild Cancellar. Annandale S. Leven. Stair. Roseberie. Glasgow. Hoptoun. Archibald Campbell. James Murray. Adam Cockburne F Montgomrie. Patrick Johnston.

At Holyroodhouse 30 May 1705

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Act

Reprieve to Bruckley

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner and the lords of her majesty’s privy council do hereby reprieve John Bruckley, one of the deceased Captain [Thomas] Green’s crew from the sentence of death appointed to be executed against [him] upon 20 June next to come from the said day till 15 August next to come, and discharge the said sentence of death to be put in execution against him till the said day. And appoint and ordain the magistrates of Edinburgh to cause the sentence pronounced against the said John Bruckley by the judges of admiralty and assessors appointed to them, be put to punctual execution against him upon the said 15 August next to come between the hours of eight in the morning and four in the afternoon, in the same place and in the same manner as was appointed by the said judges and assessors foresaid in the sentence pronounced against [him]. Sic Subscribitur Argyll commissioner; Seafield chancellor; Annandale secretary; Leven; Stair; Rosebery; Glasgow; Hopetoun; Archibald Campbell; James Murray; Adam Cockburn; Francis Montgomerie; Patrick Johnston

1. NRS, PC1/53, 407.

1. NRS, PC1/53, 407.

Act, 30 May 1705, Edinburgh

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Att Holyrudehouse the threttieth day of May Jaj vijc and fyve yeirs

A1705/5/271

Act

Repryve to Glen and others

His Grace her Majesties high Commissioner and the Lords of her Majesties privie Councell haveing considered the Petition given in to them by George Glen and others of Captain Greens Crew, and the Samen being read in their presence, His Grace her Majesties high Commissioner, and the Saids Lords of her Majesties Privie Councell, Doe heirby Repryve George Glen, Alexander Tailleor, Samuell Willcocks and John Ballantyne four of the deceast Captain Greens Crew from the Sentence of death appoynted to be execute Against them upon the Thretteinth day of June nixt to come from the said day to the eight day of August nixt to come, And discharges the said sentence of death to be putt in execution Against them till the said day; And appoynts and ordains the Magistrats of Edinburgh to cause the Sentence pronounced Against the foirnamed persons by the Judges of Admirality and Assessors appoynted to them; be putt to punctuall execution Against them wpon the said eight day of August nixt to come betwixt the hours of eight in the morning And four in the afternoon, att the same place, And in the Same maner as was appoynted by the saids Judges and Assessors forsaids in the Sentence pronounced Against them Sic Subscribitur Argyll Commissioner. Seafeild Cancellar. Annandale S. Leven. Stair. Roseberie. Glasgow. Hoptoun. Archibald Campbell. James Murray. Adam Cockburne. F Montgomrie. Patrick Johnston.

At Holyroodhouse 30 May 1705

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Act

Reprieve to Glen and others

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner and the lords of her majesty’s privy council having considered the petition given in to them by George Glen and others of Captain [Thomas] Green’s crew, and the same being read in their presence, his grace her majesty’s high commissioner, and the said lords of her majesty’s privy council do hereby reprieve George Glen, Alexander Taylor, Samuel Willcocks, and John Ballantyne, four of the deceased Captain Green’s crew, from the sentence of death appointed to be executed against them upon 13 June next to come from the said day to 8 August next to come, and discharge the said sentence of death to be put in execution against them till the said day. And appoint and ordain the magistrates of Edinburgh to cause the sentence pronounced against the forenamed persons by the judges of admiralty and assessors appointed to them be put to punctual execution against them upon the said 8 August next to come between the hours of eight in the morning and four in the afternoon, at the same place and in the same manner as was appointed by the said judges and assessors foresaid in the sentence pronounced against them. Sic Subscribitur Argyll commissioner; Seafield chancellor; Annandale secretary; Leven; Stair; Rosebery; Glasgow; Hopetoun; Archibald Campbell; James Murray; Adam Cockburn; Francis Montgomerie; Patrick Johnston.

1. NRS, PC1/53, 407.

1. NRS, PC1/53, 407.

Act, 30 May 1705, Edinburgh

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Att Holyrudehouse the threttieth day of May Jaj vijc and fyve yeirs

A1705/5/261

Act

Repryve to Henry Keigle and others

His Grace her Majesties high Commissioner, and Lords of her Majesties privie Councell haveing considered the petition given in to them by Henry Keigle and others of Captain Greens Crew, and the Samen being read in their presence, His Grace her Majesties high Commissioner, and the Saids Lords of her Majesties privie Councell, Doe heirby Repryve Henry Keigle, James Burne, Andrew Robertson and George Kitchine four of the deceast Captain Greens Crew from the Sentance of death appoynted to be execute against them wpon the Sixt day of June nixt to come from the said day to the first day of August nixt to come, And discharges the said sentence of death to be putt in execution against them till the said day; And appoynts and Ordains the Magistrats of Edinburgh to cause the Sentence pronounced against the forsaids persons by the Judges of Admiralitie and assessors appoynted to them be putt to punctuall execution against them wpon the said first day of August nixt to come betwixt the hours of eight in the morning and four in the afternoon, att the same place, And in the Same maner, as was appoynted by the saids Judges and Assessors forsaids in the Sentence pronounced against them Sic Subscribitur Argyll Commissioner. Seafeild Cancellar. Annandale S. Leven. Stair. Roseberrie. Glasgow. Hopetoun. Archibald Campbell. James Murray. Adam Cockburne. F Montgomrie. Patrick Johnston.

At Holyroodhouse 30 May 1705

A1705/5/261

Act

Reprieve to Henry Keigle and others

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner and lords of her majesty’s privy council having considered the petition given in to them by Henry Keigle and others of Captain [Thomas] Green’s crew, and the same being read in their presence, his grace her majesty’s high commissioner and the said lords of her majesty’s privy council do hereby reprieve Henry Keigle, James Burne, Andrew Robertson, and George Kitchine, four of the deceased Captain Green’s crew from the sentence of death appointed to be executed against them upon 6 June next to come from the said day to 1 August next to come, and discharge the said sentence of death to be put in execution against them till the said day. And appoint and ordain the magistrates of Edinburgh to cause the sentence pronounced against the foresaid persons by the judges of admiralty and assessors appointed to them be put to punctual execution against them upon the said 1 August next to come between the hours of eight in the morning and four in the afternoon, at the same place and in the same manner as was appointed by the said judges and assessors foresaid in the sentence pronounced against them. Sic Subscribitur Argyll commissioner; Seafield chancellor; Annandale secretary; Leven; Stair; Rosebery; Glasgow; Hopetoun; Archibald Campbell; James Murray; Adam Cockburn; Francis Montgomerie; Patrick Johnston.

1. NRS, PC1/53, 407.

1. NRS, PC1/53, 407.

Warrant, 30 May 1705, Edinburgh

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Att Holyrudehouse the threttieth day of May Jaj vijc and fyve yeirs

A1705/5/251

Warrant

Warrand to continue the Cruize of the two frigotts

His Grace her Majesties high Commissioner, and lords of her Majesties privie C2 Doe heirby Recommend to the Lords Commissioners of her Majesties Thesaury to continue the3 of her Majesties two frigots the Royall Mary, and the Dumbarton Castell Commanded by Captain Thomas Gordon and Captain Mathew Campbell till the tent day of July nixt to come with and under the Instructions formerly given to them.

At Holyroodhouse 30 May 1705

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Warrant

Warrant to continue the cruise of the two frigates

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner, and lords of her majesty’s privy [council] do hereby recommend to the lord commissioners of her majesty’s treasury to continue the [cruise] of her majesty’s two frigates the Royal Mary and the Dumbarton Castle, commanded by Captain Thomas Gordon and Captain Matthew Campbell, till 10 July next to come with and under the instructions formerly given to them.

1. NRS, PC1/53, 407.

2. A gap appears here. It appears that the rest of the word ‘Council’ has been omitted.

3. A gap appears here. It appears that the rest of the word ‘cruize’ has been omitted.

1. NRS, PC1/53, 407.

Warrant, 30 May 1705, Edinburgh

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Att Holyrudehouse the threttieth day of May Jaj vijc and fyve yeirs

A1705/5/241

Warrant

Warrand to the Magistrats of Glasgow to receive and aliment the French prisoners

His Grace her Majesties high Commissioner, and Lords of her Majesties privie Councell Doe heirby appoynt and ordaine the Magistrats of Glasgow to receive from Captain Mathew Campbell Comander of her Majesties Ship the Dumbarton Castell the Crew of the French Privateer lately taken by the said Captain, and to keep and detaine them in full firmance till further orders of Councell theranent, And to manttaine and aliment them as follows viz The Captain at ten Shilling Scots a day the Mate at Six Shilling Scots a day, And each of the rest of the crew at four Shilling Scots a day, And Recommends to the Lords Commissioners of her Majesties Theasaury to cause repayment therof to be made to the saids Magistrats accordingly.

At Holyroodhouse 30 May 1705

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Warrant

Warrant to the magistrates of Glasgow to receive and aliment the French prisoners

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner and lords of her majesty’s privy council do hereby appoint and ordain the magistrates of Glasgow to receive from Captain Mathew Campbell, commander of her majesty’s ship the Dumbarton Castle the crew of the French privateer lately taken by the said captain, and to keep and detain them in full confinement till further orders of council therein, and to maintain and aliment them as follows viz the captain at 10s Scots a day, the mate at 6s Scots a day, and each of the rest of the crew at 4s Scots a day. And recommend to the lord commissioners of her majesty’s treasury to cause repayment thereof to be made to the said magistrates accordingly.

1. NRS, PC1/53, 406.

1. NRS, PC1/53, 406.

Warrant, 30 May 1705, Edinburgh

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Att Holyrudehouse the threttieth day of May Jaj vijc and fyve yeirs

A1705/5/231

Warrant

Warrand to Captain Campbell to transmitt the French prisoners to Glasgow Tollbooth

His Grace her Majesties high Commissioner, and Lords of her Majesties Privie Counsell Appoynts and Ordains Captain Matthew Campbell Commander of her Majesties Ship the Dumbarton Castell to Conduct and carrie the Crew of the French privateir taken by him prisoners safely to Glasgow, and delyvering them to the Magistrats of the said burgh to be by them detained prisoners in ther Tollbooth till further orders and to transmitt to the Counsell the documents and Instructions aboard the said Ship for declairing her pryze.

At Holyroodhouse 30 May 1705

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Warrant

Warrant to Captain Campbell to transmit the French prisoners to Glasgow tolbooth

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner, and lords of her majesty’s privy council appoint and ordain Captain Matthew Campbell, commander of her majesty’s ship the Dumbarton Castle, to conduct and carry the crew of the French privateer taken by him prisoners safely to Glasgow, and [to] deliver them to the magistrates of the said burgh, to be by them detained prisoners in their tolbooth till further orders, and to transmit to the council the documents and instructions aboard the said ship for declaring her prize.

1. NRS, PC1/53, 406.

1. NRS, PC1/53, 406.

Procedure, 30 May 1705, Edinburgh

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Att Holyrudehouse the threttieth day of May Jaj vijc and fyve yeirs

A1705/5/221

Procedure

Recommendation to the Commissioner to wryt to the Queen anent Fr Prisoners

The Lord high Commissioner having produced to the Board a Letter direct to his Grace from Captain Matthew Campbell Commander of her Majesties Shipe the Dumbarton Castell, Giveing ane account that the said Captain had taken off the Cape of Kintyre ane French Privateir consisting of eight Guns and Sixtie two men aboard her, And the Samen being read, The Lords of her Majesties Privie Councell doe heirby Recommend to his Grace her Majesties high Commissioner to lay the Samen befor her Majestie That her Majestie in her Royall wisdome may give further directions how the prisoners Shall be disposed of, and whither the saids prisoners Shall be sent to or allowed to go into England, And in that case that her Majestie may give orders to receive them, or that the saids prisoners may be sett at liberty for returneing to France with their first conveniencie.

At Holyroodhouse 30 May 1705

A1705/5/221

Procedure

Recommendation to the commissioner to write to the queen concerning French prisoners

The lord high commissioner [John Campbell, duke of Argyll] having produced to the board a letter directed to his grace from Captain Matthew Campbell, commander of her majesty’s ship the Dumbarton Castle, giving an account that the said captain had taken off the cape of Kintyre an French privateer consisting of eight guns and 62 men aboard her, and the same being read, the lords of her majesty’s privy council do hereby recommend to his grace her majesty’s high commissioner to lay the same before her majesty, that her majesty in her royal wisdom may give further directions how the prisoners shall be disposed of, and whether the said prisoners shall be sent to or allowed to go into England, and in that case that her majesty may give orders to receive them, or that the said prisoners may be set at liberty for returning to France with their first conveniency.

1. NRS, PC1/53, 406.

1. NRS, PC1/53, 406.