Tag Archives: November

Act, 23 November 1704, Edinburgh

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Att Edinburgh the Twenty thrid day of November Jaj vijc and four years

A1704/11/221

Act

Act Infavours of Mr Patrick Ogilvie

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By Mr Patrick Ogilvie; Shewing That where the petitioner had their Lordships Commission to guard the coast toward Ireland from the Import of Irish victuall horse and Cattle and that their Lordships judged it necessary that the petitioner should have a party of souldiers to attend and assist him in the Discharge of that trust. The petitioner did his outmost endevour to acquitt himselfe therein; But it haveing pleased the Livetennent General to call back the said party in order to the reveiw of the forces, he could doe noe more service in that post, And yet so soon as the Council ordered him back and gave a new Recommendation to the Livetennent General to supplie the petitioner with a new pairty, He instantly return’d to the west; But this reveiwing of the forces not being over. The petitioner waited thereabout five weeks to noe better purpose then to discover the Great abuses committed as to the forsaid import from Ireland; for the petitioner hes gott ane account of Ane Hundereth Boats that have imported victual in his interoval Conforme to a List thereof produced, and the import and receipt is in truth become so General, that any man that would repress it, without the assistance of souldiers must resolve to abandon it or be deforced, The petitioner needs not tell their Lordships of the complaint that’s made boeth from the West and from the North of this import of Irish victual and of the prejudice sustained by it But this the petitioner must humbly offer to their Lordships That without affixed Independent Company It appears imposible that their Commission and the trust they repose in the petitioner can be effectualy execute for which he humbly proposes that his former pairty of Fourty Foot and Twenty Dragoons may be fixed so as they constantly attend the said service untill recalled by their Lordships special order, which their Lordships knew best how to order either by themselves or by recommending it to Her Majestie how it may be done effectually. For the petitioner must againe declaire to their Lordships that without this assistance he hes too much convinced their Commission cannot be execute nor the great and many abusses restrained. The Lords of Her Majesties privie Council Haveing considered the petition given into them By Mr Patrick Ogilvie And the samen being read in their presence The saids Lords Doe heirby Declare that the party of fourty foot and Twenty Dragoons last, sent to the west Country to assist the petitioner in the Execution of his Commission against the import of Irish victual It is and ought to be affixed and settled pairty in that place Therefore the saids Lords Doe heirby Appoint and Ordaine The pairty forsaid of fourty foot, and Twenty Dragoons, to be affixed and settled pairty there And appoints and Ordains them to continue under the direction of the said Mr Patrick Ogilvie for the end forsaid and not to be recalled without a speciall warrand from the Councill thereanent.

Att Edinburgh the Twenty thrid day of November Jaj vijc and four years

A1704/11/221

Act

Act Infavours of Mr Patrick Ogilvie

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By Mr Patrick Ogilvie; Shewing That where the petitioner had their Lordships Commission to guard the coast toward Ireland from the Import of Irish victuall horse and Cattle and that their Lordships judged it necessary that the petitioner should have a party of souldiers to attend and assist him in the Discharge of that trust. The petitioner did his outmost endevour to acquitt himselfe therein; But it haveing pleased the Livetennent General to call back the said party in order to the reveiw of the forces, he could doe noe more service in that post, And yet so soon as the Council ordered him back and gave a new Recommendation to the Livetennent General to supplie the petitioner with a new pairty, He instantly return’d to the west; But this reveiwing of the forces not being over. The petitioner waited thereabout five weeks to noe better purpose then to discover the Great abuses committed as to the forsaid import from Ireland; for the petitioner hes gott ane account of Ane Hundereth Boats that have imported victual in his interoval Conforme to a List thereof produced, and the import and receipt is in truth become so General, that any man that would repress it, without the assistance of souldiers must resolve to abandon it or be deforced, The petitioner needs not tell their Lordships of the complaint that’s made boeth from the West and from the North of this import of Irish victual and of the prejudice sustained by it But this the petitioner must humbly offer to their Lordships That without affixed Independent Company It appears imposible that their Commission and the trust they repose in the petitioner can be effectualy execute for which he humbly proposes that his former pairty of Fourty Foot and Twenty Dragoons may be fixed so as they constantly attend the said service untill recalled by their Lordships special order, which their Lordships knew best how to order either by themselves or by recommending it to Her Majestie how it may be done effectually. For the petitioner must againe declaire to their Lordships that without this assistance he hes too much convinced their Commission cannot be execute nor the great and many abusses restrained. The Lords of Her Majesties privie Council Haveing considered the petition given into them By Mr Patrick Ogilvie And the samen being read in their presence The saids Lords Doe heirby Declare that the party of fourty foot and Twenty Dragoons last, sent to the west Country to assist the petitioner in the Execution of his Commission against the import of Irish victual It is and ought to be affixed and settled pairty in that place Therefore the saids Lords Doe heirby Appoint and Ordaine The pairty forsaid of fourty foot, and Twenty Dragoons, to be affixed and settled pairty there And appoints and Ordains them to continue under the direction of the said Mr Patrick Ogilvie for the end forsaid and not to be recalled without a speciall warrand from the Councill thereanent.

1. NRS, PC1/53, 292-3.

1. NRS, PC1/53, 292-3.

Act, 23 November 1704, Edinburgh

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Att Edinburgh the Twenty thrid day of November Jaj vijc and four years

A1704/11/211

Act

Reprive to Elizabeth Hailburton

Anent the petition given in and presented to the Lords of Her Majesties privy Council By Elizabeth Haliburton present prisoner in the Tolbooth of Edinburgh Shewing That where the petitioner being sentenced by the Lords of Justiciary to death, for concealling her being with Child and not calling for help the time of the birth, She doeth acknowledge that the saids Lords their sentence is most just and aggreeable to the Late Act of Parliament But that the Child was really dead in her Belly several dayes before the birth thereof, And the petitioner had before the Child become dead in her belly prepared cloaths for it; And which was known to severall Nighbours about; But the petitioner haveing gotten a great bruise by a Load of Coalls accidentally fallen on her The Child became bruised to death in her belly seaveral dayes before the bring furth therof; And the petitioner not knowing the severe strickness of the Late Act of Parliament, Did without any constraint narrate the whole matter of fact to several nighbours about And particularly that the Child had been several dayes dead in her belly before the bearing therof by the said accident. And Therefore Craveing to the effect aftermentioned as the said petition Bears. The Lords of Her Majesties privie Council haveing considered the above petition given into them By Elizabeth Haliburton present prisoner in the Tolbooth of Edinburgh And the samen being read in there presence The saids Lords of Her Majesties privie Councill Have Changed and heirby Changes the sentence of death pronunced against the said Elizabeth to transportation And have Appointed and heirby Appoints the petitioner to be transported to any of Her Majesties plantations in America with the first shipe goeing there And in the mean whyle to remain and continue in prison ay and whyle she be transported as said is, And have Discharged and heirby Discharges the sentence of death pronunced by the forsaids Commissioners of Justiciary to be put to any farder Execution against the petitioner upon the accompt forsaid And Commands and ordains the Magistrats of Edinburgh and keepers of their Tolbooth; To keep hold and detaine the petitioner therein ay and whyle she be transported as said is, And appoints the petitioner before her being transported To Enact her selfe in the Books of privy Councill never to return to this Kingdome under the paine of death. Sic Subscribitur Annandale P Crafurd Leven, Northesk, Forfar James Steuart A Hope F Montgomerie Pattrick Johnstoun

Att Edinburgh the Twenty thrid day of November Jaj vijc and four years

A1704/11/211

Act

Reprive to Elizabeth Hailburton

Anent the petition given in and presented to the Lords of Her Majesties privy Council By Elizabeth Haliburton present prisoner in the Tolbooth of Edinburgh Shewing That where the petitioner being sentenced by the Lords of Justiciary to death, for concealling her being with Child and not calling for help the time of the birth, She doeth acknowledge that the saids Lords their sentence is most just and aggreeable to the Late Act of Parliament But that the Child was really dead in her Belly several dayes before the birth thereof, And the petitioner had before the Child become dead in her belly prepared cloaths for it; And which was known to severall Nighbours about; But the petitioner haveing gotten a great bruise by a Load of Coalls accidentally fallen on her The Child became bruised to death in her belly seaveral dayes before the bring furth therof; And the petitioner not knowing the severe strickness of the Late Act of Parliament, Did without any constraint narrate the whole matter of fact to several nighbours about And particularly that the Child had been several dayes dead in her belly before the bearing therof by the said accident. And Therefore Craveing to the effect aftermentioned as the said petition Bears. The Lords of Her Majesties privie Council haveing considered the above petition given into them By Elizabeth Haliburton present prisoner in the Tolbooth of Edinburgh And the samen being read in there presence The saids Lords of Her Majesties privie Councill Have Changed and heirby Changes the sentence of death pronunced against the said Elizabeth to transportation And have Appointed and heirby Appoints the petitioner to be transported to any of Her Majesties plantations in America with the first shipe goeing there And in the mean whyle to remain and continue in prison ay and whyle she be transported as said is, And have Discharged and heirby Discharges the sentence of death pronunced by the forsaids Commissioners of Justiciary to be put to any farder Execution against the petitioner upon the accompt forsaid And Commands and ordains the Magistrats of Edinburgh and keepers of their Tolbooth; To keep hold and detaine the petitioner therein ay and whyle she be transported as said is, And appoints the petitioner before her being transported To Enact her selfe in the Books of privy Councill never to return to this Kingdome under the paine of death. Sic Subscribitur Annandale P Crafurd Leven, Northesk, Forfar James Steuart A Hope F Montgomerie Pattrick Johnstoun

1. NRS, PC1/53, 291-2.

1. NRS, PC1/53, 291-2.

Warrant, 23 November 1704, Edinburgh

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Att Edinburgh the Twenty thrid day of November Jaj vijc and four years

A1704/11/201

Warrant

Warrand for apprehending some Dragoons for killing a man att Laingtoun

Sir James Steuart Her Majesties Advocat Haveing represented to the Council That there was one […] Deans in Langtoun shoot through his own door by some of the Dragoons lying there, And that his Lordship had given orders to the commanding officer of the place to send the saids Dragoons to the Tolbooth of Edinburgh therinto remain whyle they should be legallie tryed, And that the said Commanding officer had conveened the said warrand and refused to send them as said is. Therefore the saids Lords of Her Majesties privie Council, Doe heirby Recommend to the said Lord Advocat, To ishue out orders by authority And in name of the saids Lords To any officers of Her Majesties forces within this Kingdome for apprehending of the Dragoons forsaid and committing them to prison as said is ay and whyle they be tried Conforme to Law, And appoints the saids officers to give obediance unto the forsaid warrand, As they will be answerable upon their heighest perrill.

Att Edinburgh the Twenty thrid day of November Jaj vijc and four years

A1704/11/201

Warrant

Warrand for apprehending some Dragoons for killing a man att Laingtoun

Sir James Steuart Her Majesties Advocat Haveing represented to the Council That there was one […] Deans in Langtoun shoot through his own door by some of the Dragoons lying there, And that his Lordship had given orders to the commanding officer of the place to send the saids Dragoons to the Tolbooth of Edinburgh therinto remain whyle they should be legallie tryed, And that the said Commanding officer had conveened the said warrand and refused to send them as said is. Therefore the saids Lords of Her Majesties privie Council, Doe heirby Recommend to the said Lord Advocat, To ishue out orders by authority And in name of the saids Lords To any officers of Her Majesties forces within this Kingdome for apprehending of the Dragoons forsaid and committing them to prison as said is ay and whyle they be tried Conforme to Law, And appoints the saids officers to give obediance unto the forsaid warrand, As they will be answerable upon their heighest perrill.

1. NRS, PC1/53, 290-1.

1. NRS, PC1/53, 290-1.

Sederunt, 23 November 1704, Edinburgh

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Att Edinburgh the Twenty thrid day of November Jaj vijc and four years1

A1704/11/192

Sederunt

Marquis of Annandale p:C:; Earl of Lauderdale; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Dunmore; Lord Advocat; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Lord Phesdo; Mr Fra: Montgomery; Laird of Collingtoun; Lord Provost of Edinburgh

Att Edinburgh the Twenty thrid day of November Jaj vijc and four years1

A1704/11/192

Sederunt

Marquis of Annandale p:C:; Earl of Lauderdale; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Dunmore; Lord Advocat; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Lord Phesdo; Mr Fra: Montgomery; Laird of Collingtoun; Lord Provost of Edinburgh

1. NRS, PC1/53, 290.

2. NRS, PC1/53, 290.

1. NRS, PC1/53, 290.

2. NRS, PC1/53, 290.

Procedure, 16 November 1704, Edinburgh

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Att Edinburgh the Sixteen day of November Jaj vijc and four years

A1704/11/181

Procedure

Recommendation to the Advocat to wryt to Captain Grant anent preists at Murray

Sir James Steuart Her Majesties Advocat Haveing represented to the Councill That he had receaved ane Letter and Information from the Moderator of the Synod of Murray shewing the increase of popery, preists and Trafequeing papists within the said Synod And that they openly persist to keep their meetings there. The saids Lords of her Majesties privie Council Doe heirby to the Lord Advocat. To wryt to Captain William Grant Commander of one of the Independent Companies That he furth with and without delay enquire thereanent And see the several Laws and Acts of parliament made against preists and Traffecquing papists; put and cause be put to due and speedy execution And to report his dilligence heirin to the Council with his first Conveniencie.

Att Edinburgh the Sixteen day of November Jaj vijc and four years

A1704/11/181

Procedure

Recommendation to the Advocat to wryt to Captain Grant anent preists at Murray

Sir James Steuart Her Majesties Advocat Haveing represented to the Councill That he had receaved ane Letter and Information from the Moderator of the Synod of Murray shewing the increase of popery, preists and Trafequeing papists within the said Synod And that they openly persist to keep their meetings there. The saids Lords of her Majesties privie Council Doe heirby to the Lord Advocat. To wryt to Captain William Grant Commander of one of the Independent Companies That he furth with and without delay enquire thereanent And see the several Laws and Acts of parliament made against preists and Traffecquing papists; put and cause be put to due and speedy execution And to report his dilligence heirin to the Council with his first Conveniencie.

1. NRS, PC1/53, 290.

1. NRS, PC1/53, 290.

Procedure, 16 November 1704, Edinburgh

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Att Edinburgh the Sixteen day of November Jaj vijc and four years

A1704/11/171

Procedure

Recommendation to the Committee anent false Coyn and Coyners

The Councill Recommends to the former Committee appointed anent false Coyn; To meet to morrow at Three of the Clock in the Afternoon, And report.

Att Edinburgh the Sixteen day of November Jaj vijc and four years

A1704/11/171

Procedure

Recommendation to the Committee anent false Coyn and Coyners

The Councill Recommends to the former Committee appointed anent false Coyn; To meet to morrow at Three of the Clock in the Afternoon, And report.

1. NRS, PC1/53, 290.

1. NRS, PC1/53, 290.

Sederunt, 16 November 1704, Edinburgh

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Att Edinburgh the Sixteen day of November Jaj vijc and four years1

A1704/11/162

Sederunt

Marquis of Annandale p:C:; Earl of Mortoun; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Northesk; Earl of Forfar; Viscount Primrose; Lord Advocat; Lord Halcraig; Lord Anstruther; Lord Phesdo; Mr Fra: Montgomery; Laird of Cavers Douglass; Laird of Prestongrange; Lord Provost of Edinburgh

Att Edinburgh the Sixteen day of November Jaj vijc and four years1

A1704/11/162

Sederunt

Marquis of Annandale p:C:; Earl of Mortoun; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Northesk; Earl of Forfar; Viscount Primrose; Lord Advocat; Lord Halcraig; Lord Anstruther; Lord Phesdo; Mr Fra: Montgomery; Laird of Cavers Douglass; Laird of Prestongrange; Lord Provost of Edinburgh

1. NRS, PC1/53, 290.

2. NRS, PC1/53, 290.

1. NRS, PC1/53, 290.

2. NRS, PC1/53, 290.

Sederunt, 14 November 1704, Edinburgh

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Att Edinburgh the Fourthteen of November Jaj vijc and four years1

A1704/11/152

Sederunt

Marquis of Annandale P:C:; Earl of Mortoun; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Forfar; Lord President of Session; Lord Advocat; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Lord Phesdo; Mr Fra: Montgomery; Laird of Cavers Douglass; Laird of Carnwath; Lord Provost of Edinburgh3

Att Edinburgh the Fourthteen of November Jaj vijc and four years1

A1704/11/152

Sederunt

Marquis of Annandale P:C:; Earl of Mortoun; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Forfar; Lord President of Session; Lord Advocat; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Lord Phesdo; Mr Fra: Montgomery; Laird of Cavers Douglass; Laird of Carnwath; Lord Provost of Edinburgh3

1. NRS, PC1/53, 290.

2. NRS, PC1/53, 289.

3. The rest of the page has been left deliberately blank.

1. NRS, PC1/53, 290.

2. NRS, PC1/53, 289.

3. The rest of the page has been left deliberately blank.

Order, 9 November 1704, Edinburgh

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Att Edinburgh the Nynth day of November Jaj vijc and [four] years

A1704/11/141

Order

Recommendation to the General anent Irish victuall and sending 40 foot and 20 Dragoons to the West thereanent

The Lords of her Majesties privie Councill Doe heirby Recommend to Sir James Steuart her Majesties Advocat To wryt to and advertise Mr Patrick Ogilvie To goe to the West Countrie with all convenient speed To attend the Execution of his Commission against the Import of Irish victuall And Recommends to Livet General George Ramsay Commander in Cheiff of her Majesties forces Immediately and upon sight heirof to send to the Westren Coasts ane partie of Fourty foot and Twenty Dragoons To assist the said Mr Patrick in the Execution of his Commission And to continue under his Direction as formerly And discharges the said party to be recalled till farder orders of Councill According to the former Recommendation direct to him thereanent And recommends to the Advocat to wryt to the General anent the same.

Att Edinburgh the Nynth day of November Jaj vijc and [four] years

A1704/11/141

Order

Recommendation to the General anent Irish victuall and sending 40 foot and 20 Dragoons to the West thereanent

The Lords of her Majesties privie Councill Doe heirby Recommend to Sir James Steuart her Majesties Advocat To wryt to and advertise Mr Patrick Ogilvie To goe to the West Countrie with all convenient speed To attend the Execution of his Commission against the Import of Irish victuall And Recommends to Livet General George Ramsay Commander in Cheiff of her Majesties forces Immediately and upon sight heirof to send to the Westren Coasts ane partie of Fourty foot and Twenty Dragoons To assist the said Mr Patrick in the Execution of his Commission And to continue under his Direction as formerly And discharges the said party to be recalled till farder orders of Councill According to the former Recommendation direct to him thereanent And recommends to the Advocat to wryt to the General anent the same.

1. NRS, PC1/53, 288.

1. NRS, PC1/53, 288.

Act, 9 November 1704, Edinburgh

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Att Edinburgh the Nynth day of November Jaj vijc and [four] years

A1704/11/131

Act

Act Infavours of The Laird of Grubet younger

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By William Bennet younger of Grubet Shewing That where It hath pleased Her Majestie by Her Commission of the date the seventeen day of October Last To appoint the petitioner Muster Master General of her Majesties forces, horse, foot and Dragoons, and Garrisones within the Kingdome, and Militia of the same And it being ane pairt of the Muster Master his duty and office to keep ane Register of all the officers in the army there Commissiones as will appear by Acts of Councill Infavours of the petitioners predicessors in the said office in the said office in there Lordships Clerks hands. And Therefore Craveing the saids Lords To renew the lyke Act Infavours of the petitioner; Ordining all the officers of the Armes to give in their Commissiones to the petitioner to be recorded in a Book and Register to be keept by him for that effect. And for which he is to be answerable upon payment of the dues appointed by the saids Lords in the lyke cases formerly As the said petition bears. The Lords of her Majesties privie Councill Haveing considered the above petition given into them By William Bennet younger of Grubet And the samen Being read in there presence The saids Lords Doe heirby order and requyre the petitioner Her Majesties Muster Master General or his deput with all possible dilligence to prepare and make up Exact and true Lists of all the officers of the Army horse foot and Dragoons, Garrisons and Castles and at what time there Commissions were granted. And for that effect they doe impower and warrand the said William Bennet or his Deputs to Call for all the Commissiones in the Army and record the samen, for doeing wherof, The said William Bennet Is heirby impowered to exact a days pay of every officer and no more And the saids officers ordained to pay the samen accordingly.

Att Edinburgh the Nynth day of November Jaj vijc and [four] years

A1704/11/131

Act

Act Infavours of The Laird of Grubet younger

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By William Bennet younger of Grubet Shewing That where It hath pleased Her Majestie by Her Commission of the date the seventeen day of October Last To appoint the petitioner Muster Master General of her Majesties forces, horse, foot and Dragoons, and Garrisones within the Kingdome, and Militia of the same And it being ane pairt of the Muster Master his duty and office to keep ane Register of all the officers in the army there Commissiones as will appear by Acts of Councill Infavours of the petitioners predicessors in the said office in the said office in there Lordships Clerks hands. And Therefore Craveing the saids Lords To renew the lyke Act Infavours of the petitioner; Ordining all the officers of the Armes to give in their Commissiones to the petitioner to be recorded in a Book and Register to be keept by him for that effect. And for which he is to be answerable upon payment of the dues appointed by the saids Lords in the lyke cases formerly As the said petition bears. The Lords of her Majesties privie Councill Haveing considered the above petition given into them By William Bennet younger of Grubet And the samen Being read in there presence The saids Lords Doe heirby order and requyre the petitioner Her Majesties Muster Master General or his deput with all possible dilligence to prepare and make up Exact and true Lists of all the officers of the Army horse foot and Dragoons, Garrisons and Castles and at what time there Commissions were granted. And for that effect they doe impower and warrand the said William Bennet or his Deputs to Call for all the Commissiones in the Army and record the samen, for doeing wherof, The said William Bennet Is heirby impowered to exact a days pay of every officer and no more And the saids officers ordained to pay the samen accordingly.

1. NRS, PC1/53, 287-8.

1. NRS, PC1/53, 287-8.