Tag Archives: October

Procedure, 2 October 1705, Edinburgh

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Att Holyrudehouse the second day of October Jaj vijc and fyve yeirs

A1705/10/51

Procedure

Recommendation to my Lord Advocat to cause Greens Crew take the oaths befor delyverie of ther Remission

His Grace her Majesties high Commissioner, and Lords of her Majesties Privie Councell Doe heirby Recommend to Sir James Steuart her Majesties Advocat to Call for wmquhill Captain Greens Crew Lying in Edinburgh and Cannongat Tollbooths and Castell of Edinburgh, and cause them take the oaths to her present Majestie, And that befor they cane make use of her Majesties Remission, and to report the Samen to the Councell with his lordships conveniencie.

At Holyroodhouse 2 October 1705

A1705/10/51

Procedure

Recommendation to my lord advocate to cause Green’s crew take the oaths before delivery of their remission

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner, and lords of her majesty’s privy council do hereby recommend to Sir James Stewart, her majesty’s advocate, to call for the late Captain [Thomas] Green’s crew lying in Edinburgh and Canongate tolbooths and castle of Edinburgh, and cause them take the oaths to her present majesty, and that before they can make use of her majesty’s remission, and to report the same to the council with his lordship’s conveniency.

1. NRS, PC1/53, 426.

1. NRS, PC1/53, 426.

Proclamation, 2 October 1705, Edinburgh

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Att Holyrudehouse the second day of October Jaj vijc and fyve yeirs

A1705/10/41

Proclamation

Proclamation Prorogating the meeting of the Commissioners of Supplie till the 6th November

Proclamation prorogating the meeting of the Commissioners of Supplie within the respective Shyres of the Kingdome, for proportioning and laying on the Cess, Till the Sixt of November nixt to come being read, the Samen was voted, approven and Signed, and appoynted to be published, printed and recorded. Off which Proclamation the tenor follows
Anne by the Grace of God Queen of Great Brittain, France and Irland defender of the faith To […] Meacers of our privie Councell, Messengers at armes, our Shirreffs in that pairt Conjunctllie and Severallie Speciallie constitut Greeting Forasmuchas by the […] act of the Last Session of this our Current parliament Entituled Act for a Supply of Sevine moneths Cess out of the land rent, It is therby ordained that the first meeting of the Commissioners of the Severall Shyres of this our antient kingdome, Shall be at the respective head burghs therof the first tuesday of october therafter, And by which act the Shirreffs and Steuarts of the Severall Shyres and Steuartries or ther deputs, are requyred to intimat the said meeting to the Commissioners within ther bounds And Seeing that the forsaid dyet appoynted for the said meeting by reason of the longer Sitting of the parliament, Could not be duly intimat to the haill Shirreffs and Steuarts within the kingdome In order to their intimateing therof to the saids Commissioners, And that possibly the said first meeting at the tyme forsaid hes been keeped in all the Shyres and Steuartries of this kingdome; Therfor wee with advyce and consent of the Lords of our privie Councell, have ordered and allowed, and heirby order and allow the Commissioners within the respective Shyres and Steuartries who have not mett and conveined upon the said first twesday of october by vertue of the forsaid act; To meet and conveine at the respective head burghs of the Shyres and Steuartries of this our kingdome upon the Sixth day of November nixt to come; And that the forsaids Shirreffs and Steuarts make due intimation therof, And that for ordering and uplifting the said Supplie granted by the forsaid act, and doeing all other things requisit theranent conforme to the severall acts of parliament; Our will is Heirfore and wee charge yow Strictly and Command that in continent thir our Letters Seen ye pass to the mercat cross of Edinburgh and remanent mercat Crosses of the head-burghs of the severall Shyres and Steuartries within this kingdome, and therat in our name and authority make publication heirof that non may pretend ignorance, And appoynts and ordains our Solicitors to transmitt coppies heirof to the Severall Shirreffs of the Severall Shyres within this kingdome; And to the severall Steuarts of the Severall Steuartries within the Samen; Given wnder our Signet att Edinburgh the Second day of October, And of our reigne the fourth year 1705. Sic Subscribitur Argyll Commissioner. Seafeild Cancellar. Queensberrie C.P.S. Loudoun S. Sutherland. Hadington. Forfar. Dunmore. Cromartie. Stair. Roseberrie.

At Holyroodhouse 2 October 1705

A1705/10/41

Proclamation

Proclamation proroguing the meeting of the commissioners of supply till 6 November

Proclamation proroguing the meeting of the commissioners of supply within the respective shires of the kingdom, for proportioning and laying on the Cess, till 6 November next to come being read, the same was voted, approved, and signed, and appointed to be published, printed, and recorded. Of which proclamation the tenor follows:
Anne by the grace of God queen of Great Britain, France, and Ireland defender of the faith, to […] macers of our privy council, messengers at arms, our sheriffs in that part conjunctly and severally specially constituted, greeting. Forasmuch as by the […] act of the last session of this our current parliament entitled act for a supply of seven months’ cess out of the land rent, it is thereby ordained that the first meeting of the commissioners of the several shires of this our ancient kingdom shall be at the respective head burghs thereof the first Tuesday of October thereafter, and by which act the sheriffs and stewarts of the several shires and stewartries or their deputes, are required to intimate the said meeting to the commissioners within their bounds. And seeing that the foresaid diet appointed for the said meeting by reason of the longer sitting of the parliament, could not be duly intimated to the whole sheriffs and stewarts within the kingdom, in order to their intimating thereof to the said commissioners, and that possibly the said first meeting at the time foresaid has been kept in all the shires and stewartries of this kingdom, therefor we with advice and consent of the lords of our privy council have ordered and allowed, and hereby order and allow, the commissioners within the respective shires and stewartries who have not met and convened upon the said first Tuesday of October by virtue of the foresaid act, to meet and convene at the respective head burghs of the shires and stewartries of this our kingdom upon 6 November next to come. And that the foresaid sheriffs and stewarts make due intimation thereof, and that for ordering and uplifting the said supply granted by the foresaid act, and doing all other things requisite therein, conform to the several acts of parliament. Our will is therefore and we charge you strictly and command that immediately these our letters [are] seen you pass to the mercat cross of Edinburgh and remanent mercat crosses of the head burghs of the several shires and stewartries within this kingdom, and thereat in our name and authority make publication hereof that none may pretend ignorance, and appoint and ordain our solicitors to transmit copies hereof to the several sheriffs of the several shires within this kingdom, and to the several stewarts of the several stewartries within the same. Given under our signet at Edinburgh 2 October, and of our reign the fourth year 1705. Sic Subscribitur Argyll commissioner; Seafield chancellor; Queensberry privy seal; Loudoun secretary; Sutherland; Haddington; Forfar; Dunmore; Cromartie; Stair; Rosebery.

1. NRS, PC1/53, 425-6.

1. NRS, PC1/53, 425-6.

Warrant, 2 October 1705, Edinburgh

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Att Holyrudehouse the second day of October Jaj vijc and fyve yeirs

A1705/10/31

Warrant

Warrand for receiving Coll Ogilvie and others ther bond of Cautionrie

The Commission abovewrytten In favours of Collonell Patrick Ogilvie of Cairnes, Sir John Shaw of Greenock, and Sir Archbald Campbell of Clunnes for hindering the Importation of Irish victuall, horses, mears, cheese and butter and other prohibite goods, being read, the Samen was voted, approven, and Signed and appoynted to be recorded; And his Grace her Majesties high Commissioner, and Lords of her Majesties Privie Councell Recommended to the Committee formerly appoynted to prepare the Samen (Viz The Earle of Levine, Lord Archbald Campbell, Lords President of Session, Register, Advocat and Mr Francis Montgomrie) To adjust the bond to be granted by the persons therin commissionat, and wpon the Bonds being adjusted, Appoynts the Commission to be given out, And that the Said bond obleidge the persons Commissionate forsaid to report their dilligence to the privie Councell once every halfe year: And wpon the third day of october instant the said Committie haveing mett and elected the Earle of Glasgow preces, And haveing heard the bond to be granted by the persons forsaids Read over in ther presence, And haveing considered the Samen, They are of oppinion the Samen Should be received by the Clerks, being in the terms of the Commission granted to the foirnamed persons for hindering the Importation of Irish victuall, butter and cheese etc and act and recommendation of the Councell following theron and abovementioned, which is deduced in the said bond, and therfor conforme to the power remitted to the said Committie; They grant warrand to the Clerks of Councell to receive the forsaid bond and to give out the Commission accordingly, and wpon the the2 fourth day of the said moneth by another order and warrand wnder the hand of the said Earle of Glasgow preses of the said Comittie, his lordship ordered the clause wnderwrittin to be insert in the bond to be Signed by Sir John Shaw, Collonell Ogilvie and Sir Archbald Campbell Viz Provyding alewayes, Lykeas it is heirby exprovyded and declaired that wee Shall only be lyable for the said penaltie of ten merks for each boll of Irish imported victuall So Long as their Shall be a yeirly fund of Ten Thousand merks allowed to ws, and wee assisted with the said number of forces to enable ws to execute our Commission effectuallie, But in all events Shall be obleidged to execute the Same with fidelity dureing the continuances therof.

At Holyroodhouse 2 October 1705

A1705/10/31

Warrant

Warrant for receiving Colonel Ogilvie and others their bond of cautionry

The commission above written in favour of Colonel Patrick Ogilvie of Cairns, Sir John Shaw of Greenock, and Sir Archibald Campbell of Clunes for hindering the importation of Irish victual, horses, mares, cheese and butter, and other prohibited goods, being read, the same was voted, approved, and signed, and appointed to be recorded. And his grace [John Campbell, duke of Argyll] her majesty’s high commissioner and lords of her majesty’s privy council recommended to the committee formerly appointed to prepare the same (viz [David Melville] the earl of Levine, Lord Archibald Campbell, [Sir Hew Dalrymple] lord president of session, [Sir James Murray of Philiphaugh] lord register, [Sir James Stewart of Goodtrees] lord advocate and Mr Francis Montgomerie) to adjust the bond to be granted by the persons therein commissioned, and upon the bonds being adjusted, appoint the commission to be given out, and that the Said bond oblige the persons commissioned foresaid to report their diligence to the privy council once every half year. And upon 3 October instant the said committee having met and elected [David Boyle] the earl of Glasgow preces, and having heard the bond to be granted by the persons foresaid read over in their presence, and having considered the same, they are of [the] opinion the same should be received by the clerks, being in the terms of the commission granted to the forenamed persons for hindering the importation of Irish victual, butter and cheese etc, and act and recommendation of the council following thereon and abovementioned, which is deduced in the said bond, and therefor conform to the power remitted to the said committee. They grant warrant to the clerks of council to receive the foresaid bond and to give out the commission accordingly, and upon 4 [October] by another order and warrant under the hand of the said earl of Glasgow, preces of the said committee, his lordship ordered the clause underwritten to be inserted into the bond to be signed by Sir John Shaw, Colonel Ogilvie, and Sir Archibald Campbell viz providing always, likewise it is hereby provided and declared that we shall only be liable for the said penalty of 10 merks for each boll of Irish imported victual so long as their shall be a yearly fund of 10,000 merks allowed to us, and we assisted with the said number of forces to enable us to execute our commission effectually, but in all events shall be obliged to execute the same with fidelity during the continuances thereof.

1. NRS, PC1/53, 425.

2. Sic.

1. NRS, PC1/53, 425.

Commission by the Council, 2 October 1705, Edinburgh

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Att Holyrudehouse the second day of October Jaj vijc and fyve yeirs

A1705/10/21

Commission by the Council

Commission In Favours of Collonell Ogilvie and others

Commission in favours of Collonell Patrick Ogilvie of Cairnes, Sir John Shaw of Greenock, and Sir Archbald Campbell of Clunies for hindering the Importation of Irish victuall, horses, meares, Cheese and butter and other prohibite goods, being read the Samen was voted, approven and Signed and appoynted to be recorded; And his Grace her Majesties high Commissioner, and Lords of her Majesties privie Councell Recommended to the Committie formerly appoynted to prepare the Samen, to adjust the bond to be granted by the persons therin commissionat, And wpon the bonds being adjusted, Appoynts the2 Commission to be given out, And that the bond obleidge the persons Commissionat forsaid to report ther dilligence to the privie Councell once every halfe year.
Anne by the Grace of God Queen of Great Brittaine; France and Irland defender of the faith To all and Sundrie our Leidges and others whom it effeirs, Greeting, Forasmuchas the Importation of Irish victuall, Beefe, horse and Cattell, and Sicklyke the Importation of Silk or woollen Manufacturie And of all manufacture wherin ther is Silk, hair, or Cottoun, into this kingdome, Is discharged with the exceptions and wnder the penalties mentioned in the Severall Acts of parliament theranent, And particularly by the third act, third Session, Second parliament King Charles the Second In anno Jaj vic Sevintie two, Intituled Act discharging the Importation of Irish victuall; And also by the fourteinth act against the Importing Irish victuall or Cattell, And by the nynth act of this Current parliament In anno Jaj vijc and three, Intituled act dischargeing the Importation of Irish victuall beeff or Cattell, And by the eight act of King Williams parliament in anno Jaj vijc and one Intituled Act discharging the Importing and wearing of forraigne woollen manufacture, And by the twelfth Act of the said parliament Jaj vijc and one Intituled act prohibiteing the Importing of Silk Stuffs and others And Sicklyke by the […] act of the last Session of this Current parliament, Intituled Act discharging the Importation of all English, Irish or forraigne butter and Cheese; And wee being resolved that the forsaid good Laws be putt to due and vigorous execution for the encouragment of trade, Manufactory and Industrie within this our antient Kingdome; And considering the best and fittest way for making the saids acts of parliament effectuall, to be the Commissionating Some persons of fidelity and care with power to appoynt Servants and others to watch alongst the Sea coasts wher the Said victuall, Cattell, Beeff, Butter and Cheese, Silk and woollen Manufactory and other prohibite goods are brought in, imported, vended or borne, Therfor wee with advyce and consent of the Lords of our privie Councell, Doe grant full power, authority and Commission To Livtennant Collonell Patrick Ogilvie of Cairnes, Sir John Shaw of Greenock, and Sir Archbald Campbell of Clunnes by themselves Joyntly or Severally and ther deputs, Servants and Such as they Shall think fitt to appoynt, for whom they are to be answerable, To Search for, Sease and apprehend all Irish victuall, Beeff and Cattell, horses and Mears whatsomever, Butter and Cheese and other goods prohibite to be imported from Irland, or others wherinto this Kingdome from and after the date heirof, And that from the Sound of Mull to the Brugh of Dumfreise both inclusive; And the saids Livtennant Collonell Patrick Ogilvie; Sir John Shaw of Greenock and Sir Archbald Campbell and these intrusted by them are heirby authorized to cause sease and apprehend all boats, barques and other vessells, wherin the said victuall, butter and cheese and other goods above prohibite, Shall be imported, and are lykewayes requyred to putt the haill heads, clauses and articles of the Severall acts of parliament abovementioned and other prohibitory prohibitory3 Law Standing in force to exact and punctuall execution against the transgressors of the Same, or persons lyable to the observation therof, And for the more effectuall prosecution of this our Commission, wee with advyce forsaid Grant full power and authority to the persons forsaid, and ther forsaids within the bounds abovementioned to cause Sease all Barques, or boats whatsomever plying or Lying out the said Coast untill the Skipper and owners therof Give bond to them, for which bond the Giver is to pay two Shilling Scots and no more, that they Shall Import no Irish victuall, horse, Kyne or other Cattell, Irish beeff, butter or cheese, or any other of the forsaid above prohibited goods for herafter wnder the penalties contained in the acts of parliament made theranent; with power to our saids Commissioners and ther forsaids to Seach all boats, or barques or other vessells, wherin any Irish victuall, horses, kyne, beeff or other Cattell, butter, cheese or other prohibited goods, may be Suspected to be, And wpon discovery therof to putt the Laws and acts of parliament made against importing of the Same to all vigorous execution, and if wpon pregnant presumptions our Saids Commissioners, or these intrusted by them Shall Suspect any persons guilty of the Importing irish victuall beeff, horses, kyne, or other Cattell, cheese or butter or other prohibite goods forsaids, They are heirby authorized to convee[n] any Such person or persons in the termes of the acts of parliament befor the nearest Judges or Magistrats to Burgh or Landward, and lead all maner of probation against them, or against the recepters sellers, or buyers or retaillers therof or any pairt of the Same wittingly proid de Jure, wherupon the saids Magistrats are to give present and ready Justice, and all Shirreff, Stewarts, Baillies of Regalitie and Barronie and ther deputs and all heretors are heirby ordained to give ther Speedy assistance to our Saids Commissioners, and these intrusted by them whenever they Shall be requyred, for the more effectuall execution heirof, And the foirnamed persons Commissioners forsaid, and those intrusted by them are heirby Impowered by order of the Magistrats of the place to send any persone to prisone found guilty contraveining the saids Laws and acts of parliament against importing of Irish victuall, beeff, horses, kyne or other cattell, butter and cheese, and others forsaid, Untill the Laws be fully execute against them, The Saids Magistrats being alewayes free of the prisoners charges. Lykeas wee with advyce and consent forsaid Grant full power and Commission to the said Livetennant Collonell Patrick Ogilvie, Sir John Shaw of Greenock, and Sir Archibald Campbell and ther forsaids to Search for, Sease, and apprehend all Irish beeff, Irish horses, Meares, kyne or other Cattell, or other prohibite goods, which Shall happine to be Imported from Irland, or els wher to this kingdom from and after the day forsaid, wherever the Same cane be found within the bounds abovementioned; And for the further encouradgment of our Saids Commissioners, Wee with advyce forsaid Doe not only authorize and impower them to intromett with, wplift and apply for their own use, all fynes and penalties, and whatsoever doth belonge to the Seasure of the forsaid prohibited goods or to the discovers or prosecuters of transgressors, But lykewayes to intromett with wplift and receive for ther own use, all casualties, fynes, and penalties that fall, accesses or4 belong to ws upon the transgression of any of the saids laws or acts of parliament, In so farr as they Shall Sease prohibite goods, discover and prosecute the transgressors, and in case any persone or persons Shall make open resistance against our Saids Commissioners, and ther forsaids, or any Called to ther assistance by them, So that ther Shall happen blood Shed, mutilation or Slaughter to follow through the Said resistance The Saids Commissioners or these intrusted by them, or giving assistance to them, Never to be called in question civilly or Criminally for the Same in tyme comeing, And it is declaired that the saids three Commissioners befor take out of ther Commission, Shall enact themselves by bond Conjunctllie and Severallie that they Shall execute and discharge this our Commission, according to Law, especiallie according to the nynth act of the parliament Jaj vijc and three, without any remission or mitigation, and with fidelity and dilligence as they will be answerable to ws wpon their perrill; And especiallie that they Shall pay the Soume of ten merks Scots money for ilk boll of Irish victuall that Shall be Imported after the first day of January nixt to come, For which the Laws Shall not be executed with all convenient diligence, to belonge to the Informer allenerly wher the victuall is Imported and not duly Seased, or the transgressors prosecute5 by and attour the confiscation of the victuall, and other penaltie, against the Importers imposed by former Laws, wherof they are to have no Share for ther releiff of the said ten merks payable by them, which is nowayes to be remitted In maner mentioned in the petition offered by them to our privie Councell; And its heirby declaired that the fornamed persons Commissioners forsaids Shall be conveinable for the penalties forsaids, either befor our privie Councell, or the Shirreff of the Shyre, The Stewart of the Stewartries, or the Baillies of the Bailliaries within the bounds forsaids at the option of the Informer; And this Commission to endure for the Space of three yeirs, and therafter till recalled, They dischargeing and executeing the Same with fidelity and deligence in maner abovementioned: Lykeas wee with advyce forsaid, heirby recall, make voyd and annull all former Commissions granted by ws or our privie Councell to any persone or persons whatsomever off and concerning the premisses: Given att Holyrudehouse the Second day of October, And of our reigne the fourth year 1705. Sic Subscribitur Argyll Commissioner. Seafeild Cancellar. Queensberrie C.P.S. Loudoun S. Hadington. Dunmore. Sutherland. Ballcarras. Forfar. Cromartie. Stair. Roseberrie. Glasgow. Archibald Campbell. Rosse. Hew Dalrymple.

At Holyroodhouse 2 October 1705

A1705/10/21

Commission by the Council

Commission in favour of Colonel Ogilvie and others

Commission in favour of Colonel Patrick Ogilvie of Cairns, Sir John Shaw of Greenock, and Sir Archibald Campbell of Clunes for hindering the importation of Irish victual, horses, mares, cheese, and butter and other prohibited goods, being read, the same was voted, approved and signed, and appointed to be recorded; and his grace [John Campbell, duke of Argyll] her majesty’s high commissioner and lords of her majesty’s privy council recommended to the committee formerly appointed to prepare the same, to adjust the bond to be granted by the persons therein commissioned. And upon the bonds being adjusted, appoint the commission to be given out, and that the bond oblige the persons commissioned foresaid to report their diligence to the privy council once every half year.
Anne by the grace of God queen of Great Britain, France, and Ireland, defender of the faith, to all and sundry our lieges and others whom it concerns, greeting. Forasmuch as the importation of Irish victual, beef, horses, and cattle, and suchlike the importation of silk or woollen manufactured goods, and of all manufactured goods wherein there is silk, hair, or cotton, into this kingdom is discharged, with the exceptions and under the penalties mentioned in the several acts of parliament therein, and particularly by the 3rd act, 3rd Session, 2nd parliament [of] King Charles II in anno 1672, entitled Act Discharging the Importation of Irish Victual; and also by the 14th act against the Importing Irish Victual or Cattle; and by the 9th act of this current parliament in anno 1693 entitled Act Discharging the Importation of Irish Victual, Beef or Cattle; and by the 8th act of King William’s parliament in anno 1691 entitled Act Discharging the Importing and Wearing of Foreign Woollen Manufacture; and by the 12 act of the said parliament 1691 entitled Act Prohibiting the Importing of Silk Stuffs and Others; and suchlike by the […] act of the last session of this current parliament entitled Act Discharging the Importation of all English, Irish, or Foreign Butter and Cheese. And we being resolved that the foresaid good laws be put to due and vigorous execution for the encouragement of trade, manufacturing, and industry within this our ancient kingdom, and considering the best and fittest way for making the said acts of parliament effectual to be the commissioning [of] some persons of fidelity and care with power to appoint servants and others to watch along the sea coasts where the said victual, cattle, beef, butter and cheese, silk and woollen manufactured goods, and other prohibited goods are brought in, imported, vended, or borne, therefore we with advice and consent of the lords of our privy council, do grant full power, authority, and commission To Lieutenant Colonel Patrick Ogilvie of Cairns, Sir John Shaw of Greenock, and Sir Archibald Campbell of Clunes by themselves jointly or severally and their deputes, servants, and such as they shall think fit to appoint, for whom they are to be answerable, to search for, seize, and apprehend all Irish victual, beef and cattle, horses and mares whatsoever, butter and cheese, and other goods prohibited to be imported from Ireland or others into this kingdom from and after the date hereof, and that from the Sound of Mull to the burgh of Dumfries both inclusive. And the said Lieutenant Colonel Patrick Ogilvie, Sir John Shaw of Greenock, and Sir Archibald Campbell, and those entrusted by them, are hereby authorised to cause seize and apprehend all boats, barques, and other vessels wherein the said victual, butter and cheese, and other goods above prohibited shall be imported, and are likewise required to put the whole heads, clauses, and articles of the several acts of parliament abovementioned, and other prohibitory law standing in force, to exact and punctual execution against the transgressors of the same, or persons liable to the observation thereof. And for the more effectual prosecution of this our commission, we with advice foresaid grant full power and authority to the persons foresaid, and their foresaid [servants], within the bounds abovementioned to cause seize all barques or boats whatsoever plying or lying out the said coast until the skipper and owners thereof give bond to them, for which bond the giver is to pay 2s Scots and no more, that they shall import no Irish victual, horses, cows or other cattle, Irish beef, butter or cheese, or any other of the foresaid above prohibited goods for hereafter under the penalties contained in the acts of parliament made therein. With power to our said commissioners and their foresaid [servants] to seach all boats or barques or other vessels wherein any Irish victual, horses, cows, beef or other cattle, butter, cheese or other prohibited goods may be suspected to be. And upon discovery thereof, to put the laws and acts of parliament made against importing of the same to all vigorous execution. And if upon pregnant presumptions our said commissioners, or those entrusted by them, hall suspect any persons guilty of the importing Irish victual, beef, horses, cows or other cattle, cheese or butter, or other prohibited goods foresaid, they are hereby authorised to convene any such person or persons in the terms of the acts of parliament before the nearest judges or magistrates to burgh or landward, and lead all manner of probation against them, or against the receivers, sellers, or buyers or retailers thereof, or any part of the same wittingly prout de jure, whereupon the said magistrates are to give present and ready justice, and all sheriffs, stewarts, bailies of regality and barony and their deputes, and all heritors are hereby ordained to give their speedy assistance to our said commissioners, and those entrusted by them, whenever they shall be required, for the more effectual execution hereof. And the forenamed persons, commissioners foresaid, and those entrusted by them, are hereby empowered by order of the magistrates of the place to send any person to prison found guilty [of] contravening the said laws and acts of parliament against importing of Irish victual, beef, horses, cows or other cattle, butter and cheese, and others foresaid, until the laws be fully executed against them, the said magistrates being always free of the prisoners’ charges. Likewise we with advice and consent foresaid grant full power and commission to the said Lieutenant Colonel Patrick Ogilvie, Sir John Shaw of Greenock, and Sir Archibald Campbell and their foresaid [servants] to search for, seize, and apprehend all Irish beef, Irish horses, mares, cows or other cattle, or other prohibited goods, which shall happen to be imported from Ireland or elsewhere to this kingdom from and after the day foresaid, wherever the same can be found within the bounds abovementioned. And for the further encouragement of our said commissioners, we with advice foresaid do not only authorise and empower them to intromit with, uplift, and apply for their own use all fines and penalties, and whatsoever belongs to the seizure of the foresaid prohibited goods, or to the discovers or prosecutors of transgressors, but likewise to intromit with, uplift, and receive for their own use, all casualties, fines, and penalties that fall, [accrue], or belong to us upon the transgression of any of the said laws or acts of parliament, insofar as they shall seize prohibited goods, discover and prosecute the transgressors, and in case any person or persons shall make open resistance against our said commissioners and their [servants] foresaid, or any called to their assistance by them, so that there shall happen [to be] bloodshed, mutilation, or slaughter to follow through the said resistance, the said commissioners or those entrusted by them, or giving assistance to them, [are] never to be called in question civilly or criminally for the same in time coming. And it is declared that the said three commissioners, before [they] take out of their commission, shall enact themselves by bond conjunctly and severally that they shall execute and discharge this our commission according to law, especially according to the 9th act of the parliament [of] 1693, without any remission or mitigation, and with fidelity and diligence as they will be answerable to us upon their peril. And especially that they shall pay the sum of 10 merks Scots money for each boll of Irish victual that shall be imported after 1 January next to come, for which the laws shall not be executed with all convenient diligence, to belong to the informer only where the victual is imported and not duly seized, or the transgressors prosecuted, in addition to the confiscation of the victual, and other penalty, against the importers imposed by former laws, whereof they are to have no share for their relief of the said 10 merks payable by them, which is not to be remitted in manner mentioned in the petition offered by them to our privy council. And its hereby declared that the forenamed persons, commissioners foresaid, shall be liable for the penalties foresaid, either before our privy council, or the sheriff of the shire, the stewart of the stewartry, or the bailies of the bailiaries within the bounds foresaid at the option of the informer. And this commission [is] to endure for the space of three years, and thereafter till recalled, they discharging and executing the same with fidelity and diligence in manner abovementioned. Likewise we with advice foresaid, hereby recall, make void, and annul all former commissions granted by us or our privy council to any person or persons whatsoever of and concerning the premisses. Given at Holyroodhouse 2 October, and of our reign the fourth year 1705. Sic Subscribitur Argyll commissioner; Seafield chancellor; Queensberry privy seal; Loudoun secretary; Hadgington; Dunmore; Sutherland; Balcarres; Forfar; Cromartie; Stair; Rosebery; Glasgow; Archibald Campbell; Ross; Hew Dalrymple.

1. NRS, PC1/53, 423-5.

2. The word ‘bond’ scored out here.

3. Sic.

4. Insertion.

5. An illegible, scored-out word appears here.

1. NRS, PC1/53, 423-5.

2. The word ‘bond’ scored out here.

3. Sic.

4. Insertion.

5. An illegible, scored-out word appears here.

Sederunt, 2 October 1705, Edinburgh

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Att Holyrudehouse the second day of October Jaj vijc and fyve yeirs1

A1705/10/12

Sederunt

His Grace her Majesties high Commissioner; Lord Chancellor; Duke of Queensberrie; Earl of Loudoun; Earl of Southerland; Earl of Hadingtoun; Earl of Ballcarras; Earl of Forfar; Earl of Cromartie; Earl of Stair; Earl of Roseberrie; Earl of Glasgow; Lord Archibald Campbell; Lord Forbes; Lord Ross; Lord President of Session; Lord Register; Lord Justice Clerk; Mr Fr Montgomrie; Laird of Ormiestoun younger

At Holyroodhouse 2 October 17051

A1705/10/12

Sederunt

His grace [John Campbell, duke of Argyll] her majesty’s high commissioner; [James Ogilvie, earl of Seafield] lord chancellor; [James Douglas] duke of Queensberry; [Hugh Campbell] earl of Loudoun; [John Gordon] earl of Sutherland; [Thomas Hamilton] earl of Haddington; [Colin Lindsay] earl of Balcarres; [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; Lord Archibald Campbell; [William] Lord Forbes; [William] Lord Ross; [Sir Hew Dalrymple] lord president of session; [Sir James Murray of Philiphaugh] lord register; [Adam Cockburn] lord justice clerk; Mr Francis Montgomerie; [John Cockburn] laird of Ormiston younger

1. NRS, PC1/53, 423.

2. NRS, PC1/53, 423.

1. NRS, PC1/53, 423.

2. NRS, PC1/53, 423.

Procedure, 3 October 1704, Edinburgh

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Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/101

Procedure

Recommendation to the Advocat and General Ramsay anent Mr Patrick Ogilvie

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 Country with all convenient speed To attend the Execution of his Commission against the import of Irish victuall. And Recommends to Livetennant General George Ramsay Commander in Cheiff of her Majesties forces with all convenient speed and Dispatch To send up to the Western Coasts ane party 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 theranent

Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/101

Procedure

Recommendation to the Advocat and General Ramsay anent Mr Patrick Ogilvie

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 Country with all convenient speed To attend the Execution of his Commission against the import of Irish victuall. And Recommends to Livetennant General George Ramsay Commander in Cheiff of her Majesties forces with all convenient speed and Dispatch To send up to the Western Coasts ane party 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 theranent

1. NRS, PC1/53, 283.

1. NRS, PC1/53, 283.

Warrant, 3 October 1704, Edinburgh

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Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/91

Warrant

Warrand Dischargeing Thurstouns Commission

The Lords of her Majesties privie Councill Doe heirby Recall the Commission granted to Lodwick Cant younger of Thurstoun for hindering the import of English victuall And discharges the said Lodwick or any other his Deputs and servants To put the said Commission to any farder Execution after the date heirof, till farder orders of Councill theranent And appoints her Majesties Solicitors to intimat the premisses to the said Lodwick Cant with all dispatch.

Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/91

Warrant

Warrand Dischargeing Thurstouns Commission

The Lords of her Majesties privie Councill Doe heirby Recall the Commission granted to Lodwick Cant younger of Thurstoun for hindering the import of English victuall And discharges the said Lodwick or any other his Deputs and servants To put the said Commission to any farder Execution after the date heirof, till farder orders of Councill theranent And appoints her Majesties Solicitors to intimat the premisses to the said Lodwick Cant with all dispatch.

1. NRS, PC1/53, 283.

1. NRS, PC1/53, 283.

Procedure, 3 October 1704, Edinburgh

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Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/81

Procedure

Recommendation to the Lord Advocat To wryt to the Duke of Gordon and Borlam anent the Garrison of Fort William

The Lords of Her Majesties privie Councill Recommends to Sir James Steuart her Majesties Advocat To wryt to his Grace The Duke of Gordon, Anent provyding the Garrison of Fort William with fewall And to wryt as his Lordship shall think most propper To McIntosh of Borlum Baillie to the said Duke anent his hindering the Garrison to provyde fewall to themselves, To the end noe hinderance may be made to their effectuall provyding fewall for the said Garrison and lying in the same, As they had formerly been in use to doe.

Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/81

Procedure

Recommendation to the Lord Advocat To wryt to the Duke of Gordon and Borlam anent the Garrison of Fort William

The Lords of Her Majesties privie Councill Recommends to Sir James Steuart her Majesties Advocat To wryt to his Grace The Duke of Gordon, Anent provyding the Garrison of Fort William with fewall And to wryt as his Lordship shall think most propper To McIntosh of Borlum Baillie to the said Duke anent his hindering the Garrison to provyde fewall to themselves, To the end noe hinderance may be made to their effectuall provyding fewall for the said Garrison and lying in the same, As they had formerly been in use to doe.

1. NRS, PC1/53, 282.

1. NRS, PC1/53, 282.

Warrant, 3 October 1704, Edinburgh

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Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/71

Warrant

Warrand anent the payment of the Aliment and house dues of prisoners

Her Majesties Advocat haveing represented to the board that there were several prisoners for Crimes sent in to the Tolbooth of Edinburgh who were in hazard to starve, The keeper refuseing to aliment them In respect he gets no payment. The Lords of her Majesties privie Councill Doe heirby Appoint and Ordaine The Magistrats of Edinburgh, To make payment to George Drummond keeper of their Tolbooth of the house dues of all such prisoners as have been or shall be incarcerat for murder, theift and other such Crimes And recommends the said George Drummond to the Lords Commissioners of Her Majesties Theasaury for present and immediat payment of the aliment of such prisoners; And also of the house dues of all prisoners imprisoned on accompt and by order of the Government.

Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/71

Warrant

Warrand anent the payment of the Aliment and house dues of prisoners

Her Majesties Advocat haveing represented to the board that there were several prisoners for Crimes sent in to the Tolbooth of Edinburgh who were in hazard to starve, The keeper refuseing to aliment them In respect he gets no payment. The Lords of her Majesties privie Councill Doe heirby Appoint and Ordaine The Magistrats of Edinburgh, To make payment to George Drummond keeper of their Tolbooth of the house dues of all such prisoners as have been or shall be incarcerat for murder, theift and other such Crimes And recommends the said George Drummond to the Lords Commissioners of Her Majesties Theasaury for present and immediat payment of the aliment of such prisoners; And also of the house dues of all prisoners imprisoned on accompt and by order of the Government.

1. NRS, PC1/53, 282.

1. NRS, PC1/53, 282.

Warrant, 3 October 1704, Edinburgh

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Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/61

Warrant

Warrand for disposeing of Theives now at Peebles to be souldiers.

The Lords of her Majesties privy Councill Doe heirby appoint and Ordaine John Murray late Dragoon in my Lord Teviots Regiment, John and William Mitchells, Robert Broun and William Thomson alias Peter Anderson Now prisoners in the Tolbooth of Peebles and convict of Thift before the Magistrats of the said Burgh And by their sentence remitted to the Lords of Councill to be banished or other wayes disposed off as their Lordships should think fitt, To be delyvered to any of her Majesties officers to be transported as Recruites to Flanders, And that at the sight and by the order and Disposall of the Marques of Annandale Lord president of privie Councill and the Earle of March.

Att Edinburgh the Thrid day of October Jaj vijc and four years

A1704/10/61

Warrant

Warrand for disposeing of Theives now at Peebles to be souldiers.

The Lords of her Majesties privy Councill Doe heirby appoint and Ordaine John Murray late Dragoon in my Lord Teviots Regiment, John and William Mitchells, Robert Broun and William Thomson alias Peter Anderson Now prisoners in the Tolbooth of Peebles and convict of Thift before the Magistrats of the said Burgh And by their sentence remitted to the Lords of Councill to be banished or other wayes disposed off as their Lordships should think fitt, To be delyvered to any of her Majesties officers to be transported as Recruites to Flanders, And that at the sight and by the order and Disposall of the Marques of Annandale Lord president of privie Councill and the Earle of March.

1. NRS, PC1/53, 282.

1. NRS, PC1/53, 282.