A1703/9/36
A1703/9/361
Sederunt
Lord Chancelor; Earl of Mar; Earl of Loudoun; Earl of Findlator; Lord Forbes; Lord Advocat; Lord Aberurchill; Mr Fra: Montgomry; Shireff of Bute; Lord provost of Edinburgh
1. NRS, PC1/53, 59.
1. NRS, PC1/53, 59.
A1703/9/35
A1703/9/351
Procedure
His Grace the Duke of Atholl Lord privy Seall haveing Represented to the Councill That he was goeing to London to wait upon her Majestie and desired to know of their Lordships if they had any Commands to Lay upon him anent any of her Majesties affairs or their oun in particular Which he would willingly take care off And would not faill to Lay the Same before her Majestie and with all Lett her Majestie know how dutifull a Councill She hade and how much and Zealously they were concerned and carefull of all her Majesties concernes and intrests.
1. NRS, PC1/53, 59.
1. NRS, PC1/53, 59.
A1703/9/34
A1703/9/341
Procedure
The Lord high Chancelor haveing Represented to the board That he was by her Majesties Order called to London And therfore desired to know if the Councill hade any Commands to Lay upon him anent any of her Majesties affairs or of their oun in particular, which he willingly would take care of and which he would not faill to lay before her Majestie And with all would Lett her Majestie know how dutifull a Councill She hade and how much and Zealously they were concerned and carefull in all her affairs and intrests.
1. NRS, PC1/53, 59.
1. NRS, PC1/53, 59.
A1703/9/33
A1703/9/331
Act
Anent the Petition given in to the Lords of her Majesties privy Councill be Sir James Stewart of Bute Shewing That her Majestie haveing been graciously pleased to Conferr upon the petitioner the dignitie and honour of Earle of Bute Conforme to ane warrand and Patent under her Majesties hand for that effect dated the fourteinth day of Aprile 1703 and that the said warrand does want ane Clause to pass the great seall per saltum And Therfore humbly Suplicating the saids Lords to the effect aftermentioned The Lords of her Majesties privy Councill haveing Considered the above petition given in to them by Sir James Stewart of Bute And the samen being Read in their presence The saids Lords Doe hereby Grant warrand for passing the Patent of Honour In Favors of the petitioner Creating him Earle of Bute etc under the great Seall per Saltum and for that effect Grants order and warrand to the director of her Majesties Chancelory and his deputes to wryt out the said patent, And to the keeper of the great Seall and his deputes to append the Same therto without passing any other Register or Seall.
1. NRS, PC1/53, 58-9.
1. NRS, PC1/53, 58-9.
A1703/9/32
A1703/9/322
Sederunt
Lord Chancelor; Duke of Atholl P:S:; Earl of Buchan; Earl of Loudoun; Earl of Finlator; Earl of Forfar; Lord Forbes; Lord Advocat; Lord Justice Clerk; Lord Aberurchill; Mr Fr: Montgomry; Laird of Collingtoune; Shirriff of Bute; LordpProvest of Edinburgh
1. NRS, PC1/53, 58.
2. NRS, PC1/53, 58.
1. NRS, PC1/53, 58.
2. NRS, PC1/53, 58.
A1703/9/31
A1703/9/311
Procedure
His Grace James Duke of Queensbery her Majesties high Commissioner haveing Represented to the board that he was goeing to London to wait upon her Majestie; And Desired to know if the Councill had any Commands to Lay upon him anent any of her Majesties affairs or of their oun in particular which he willingly would take care off which he would not faill to Lay before her Majestie and with all Lett her Majestie know how dutifull a Councill She hade and how much and Zealously they were concerned and carefull in all her affairs and intrests.
1. NRS, PC1/53, 58.
1. NRS, PC1/53, 58.
A1703/9/30
A1703/9/301
Commission by the Council
Commission of Fyre and Sword at the Instance of Lady Emilia Douager of Lovit against Captain Simion Fraser of Beaufort being Read the Samen was Signed by a quorum of the Councill and ordered to be Recorded, per a double as use is Whereof the tenor followes.
Anne By the Grace of God Queen of Great Brittain France and Ireland defender of the faith to our Lovits […] Macers of our privy Councill messingers at armes out Shirriffs in that part Conjunctllie and Severallie Specially Constitute; And to all and Sundrie our Loyall and Loveing Subjects whom it effeirs Greeting Forasmuchas by ane petition presented to our high Commissioner and the Lords of our privy Councill by Emilia Lady Dowager of Lovat Makeing Mention That Captain Simion Fraser of Beaufort being denunced Rebell and intercomuned at the said petitioners instance upon the Sixteinth day of March Jaj vjc and two years. At the Marcat cross of Invernes and upon the Seventeinth day of February preceeding at the marcat cross of Edinburgh for a most horid and abominable Cryme Committed upon the said petitioners person which is nottour to the wholl nation Wherupon he the said Captain Simion Fraser haveing Fledd out of this kingdome escaped the hand of Justice; yet has now adventured to returne to that place wher his villany was Committed in Contempt of authority and the Justice of the Nation And Therfore Humbly Craveing That according to Justice and Law, and Justice in Such caices our said Commissioner and Lords of our privy Councill would be pleased to grant and direct ane Commission of Fyre and Sword against the said Captain Simeon Fraser ane intercomuned Rebell and his associats To the Commander of our Forces Shirriffs of the Shires of Innerness and Ross and their deputs and such other persones as our said high Commissioner and Lords of our privy Councill Should think fitt to name As the said petition Letters of Intercomuneing therinmentioned and executiones therof produced and Read in presence of our said high Commissioner and Lords of our privy Councill at more length bears Under Which Denunciatione Intercomuneing and outlawrie forsaid, The said Captain Simion Fraser hath ever since Lyen and abidden takeing no regaird therof nor of our authority and Lawes, But in Manifast contempt of the same dayly and continually haunts frequents and repairs to Kirk Marcat and other publict places within this realme as if he were our free Leidge to the evill example and encouradgment of others to doe the Like in time comeing For preventing wherof and vindicating our authority from such high Contempt Wee with advice of our said high Commissioner and the Lords of our privy Councill Have Made and Constitute And by the tenor hereof Make and Constitute The Shirriffs of the Shirrifdomes of Ross, Innerness, Nairn Murray Pearth and Angus and their respective deputes and such of the heritors within the saids Shyres whom they shall call to their aid and assistance in executeing the said Commission As Also all the officers of our Forces and the Souldiers under their Command and particularly Brigadeer James Maitland Governour of Fort William, Captain William Grant Captain of one of the Independent Companies and the officers and Souldiers under their Commands Respective our Commissioners and Justices in that part to the effect afterspecified Giveing Granting and Committing to them and each of them Conjunctllie and Severallie our full power and Command express bedding and Charge To Convocat our Leidges in armes and to pass and search for seek follow take and apprehend Imprison or present to Justice; And in caice of Resistance Hostility or opposition To pursue to the death The said Captain Simion Fraser Outlawed and fugative forsaid And such persones as shall associat themselves to him And resist the execution of this our Commission Wher ever he can be apprehended, And if the said Captain Simion Fraser and these who shall associat themselves with him in opposition to this Commission shall for his or their refuge happen to flee to houses or Streanths in that caice Wee with advice forsaid Give full power and Commission to our saids Commissioners Conjunctllie and Severallie as said is to pass pursue and asseige the saids houses or Streanths Raise Fyre and use all force and warrlyke Engynes That can be made for winning and recovering therof and apprehending the said Captain Simion Fraser and Such persones as shall associat themselves to him in resisting the execution of this Commission as Rebells and Traytors; and if in persuit of the saids Rebells, They resisting be taken or in asseidging the saids Streanths or housses ther shall happen Slaughter Muttilation Fyre raiseing destruction of Cornes or goods or other inconveniencies whatsomever to follow; Wee with advice forsaid; Will and Grant for us and2 our Successors Decerne and Declare That the Same Shall not be Imputed or Charged as any Crime or offence to our saids Commissioners Nor to the persuers assisting them in the execution of this our Commission And that they nor non of them Shall be called or accused therfore Criminally or Civilly in time comeing Exonering them and each of them therof and of all punishment and danger that they or any of them shall happen to incurr ther throw for ever, And for the better execution of this our Commission; With power to our said Commissioners Conjunctllie and Severallie as said is. and such persones our Leidges as shall be Convocat by them or shall be joyned with them to the effect forsaid To Bear wear and use Swords Hackbutts Pistolls and other warrlyke Weapons in their goeing from their oun housses to this our Service In the time that they are in the prosecution of the Samen, And in their returne home to theirs saids housses, And generally all and Sundrie other things to doe use and exerce which to the execution of such Commissiones by the Law and consuetude of this realme is knowen to appertaine Firme and Stable holding 3 and for to hold all and whatsomever things shall be Lawfully done therin by our saids Commissioners or any of them and this our said Commission is hereby Declared to Stand and endure ay and whill the Samen Shall be Discharged by us and the Lords of our privy Councill Our Will is Herefore and wee Charge yow Strictly and Command That incontinent these our Letters seen yee pass and in our name and authoritie Make publication hereof By open proclamation at the Marcat crosses of the head burghs of the Shirriffdomes of Ross Innernes Nairn, Murray Pearth and Angus and other places needfull That non may pretend Ignorance of the Same and that yee Command and Charge all our Leidges to reverrence acknowledg and obey Concurr with Fortifie and assist our saids Commissioners and every one of them in all things tending to the execution of this our Commission As they and ilk ane of them will be Answerable upon their obedience and highest perill The Which to doe wee Committ to yow Conjunctllie and Severallie our full power by thir our Letters delyvering them by yow duely execute and indorsed again to the bearer Given under our Signet at Edinburgh the Twenty Seventh day of September and of our Reign the Second year 1703 Sic Subscribitur Seafeild Cancellar Atholl cp:s: Mar. Galloway Loudoun Forfar J Lintone Dunmore Rosebery Glasgow, Forbes, James Murray F Montgomry. This Commission is Signet with the Councill Signet And wryten on the back Thus, Att Edinburgh the Twenty Seventh day of September Jaj vijc and thrie years The Commission within wryten Is Recorded in the books of privy Councill by me Sic Subscribitur Gilb: Eliot Cls Sti Cons:.
1. NRS, PC1/53, 54-8.
2. The word ‘all’ scored out here.
3. The words ‘is knowen to appertain’ have been scored out at this point in the MS.
1. NRS, PC1/53, 54-8.
2. The word ‘all’ scored out here.
3. The words ‘is knowen to appertain’ have been scored out at this point in the MS.
A1703/9/29
A1703/9/291
Order
Sir Gilbert Eliot Clerk to the Councill haveing Represented to the Board, That in obedience to ane former ordinance of privy Councill appointing Major Generall Thomas Buchan to give bond and find sufficient Caution and Midltoune Lindsay and Deans to enact themselves to depart furth of the Kingdome betwixt and the particular days therin sett doun Which they refused to doe; He had caused ane Macer goe and keep them in Custody, ay and whill Sir James Stewart her Majesties advocat were ther with advertised; And the said Lord Advocat being advertised therof ordered the Macers to lett them goe till nixt Councill day; His Grace her Majesties high Commissioner and the Lords of her Majesties2 privy Councill Doe hereby Recommend to Sir James Stewart her Majesties advocat To Cause raise ane Lybell or process at his instance before the Councill or Lords of Justiciary against the saids Major Generall Thomas Buchan, Midltoune Lindsay and Deans as persones that have been in France after the date of her Majesties Gracious generall Indemnity and who have Conversed or Corrosponded with persones at St Germans her Majesties declared enemies Since the date therof and with persones forfaulted and Rebells against her Majestie.
1. NRS, PC1/53, 54.
2. The words ‘high Comm’ scored out here.
1. NRS, PC1/53, 54.
2. The words ‘high Comm’ scored out here.
A1703/9/28
A1703/9/281
Procedure
Patent of honour In favors of David Lord Boyle Lord Thesaurer depute to be Earle of Glasgow etc being presented by Sir Gilbert Elliot Clerk The Samen was Read and ordered to be recorded And therafter delyvered by the said Sir Gilbert to the Lord Chancelor who delyvered the samen to the Said Earle of Glasgow and who received the said patent upon his knee as use is. Followes the tenor of the said patent.
Anna Dei Gratia Magnae Brittaniae Franciae et Hiberniae Regina fideique defensor Omnibus probis hominibus ad quos praesentes Literae Nos Nostrae pervenerint Salutem Quandoquidem Nos Regio nostro annimo2 perpendentes Fidelitatem continuam et affectum Fidelissimi et dilectisime3 Nostri Conciliarii Davidis Domini Boyle Nostri Thesaurarii deputati pro Antiquo regno nostro Scotiae Et quod diversis Muneribus et Stationibus sibi concreditis summo honore et Fidilitate4 Functus est Et nos hujus Maxim[e] Conscie Quendam Regiae Nostrae gratiae Characterem in ipsum conferre statuentes ut sibi et Suae familiae durabilis fiat additio honoris Noveritis igitur Nos fecisse Constituisse et Creasse sicuti per has Nostras patentes Literas Facimus Constituimus et Creamus Dictum Davidem Dominum Boyle Comitem De Glasgow Vicecomitem de Kelburn Dominum Boyle de Stewarton , Cambra Finnick , Largos et Dalry Dando Concedendo et Conferrendo prenominato Davidi Domino Boyle et haeredibus Suis Masculis quibuscunque Titulum honorem dignitatem et gradum Comitis cum omnibus et singulis prerogativis praeeminentiis praecedentiis et priviledgiis quibuscunque eo Spectantibus Quibus cum nos prefatum Dominum Boyle ejusque antedictos omni tempore futuro nobilitamus et Investimus Tenendum et Habendum Dictum Tituli5 Honorem Gradum et Dignitatem Comitis vicecomitis et domini cum universis et Singulis praerogativis praeeminentiis praecedentiis et priviledgiis antedictis per eundem Davidem Dominum Boyle ejusque antidictos6 de Nobis Nostrisque Regiis successoribus In Omnibus parliamentis Ordinum Conventibus Generalibus Consiliis aliisque Congressibus quibuscunque publicis seu privatis in dicto Regno Nostro tam plenarie adeoque Libere in quovis respectu et Conditione quam quivis alius Comes vicecomes aut Liber7 Parliamenti Dominus Simuli titulo honore et degnitate8 Gavisus est seu quovis tempore praeterito praesenti vel futuro Gaudere poterit Leoni porro Armorum Regi ejusque fratibus Fecialibus Imperamus ut prefato Davidi Domino Boyle Nunc Comiti de Glasgow talia prioribus ejus insigniis Gentilitiis additamenta qualia ipsi illisque hac occasione Conventia videbuntur dent et praescribant . Et Ordinamus et Declaramus hasce nostras patentes patentes adeo validas Efficaces et sufficientes fore illi ejusque antedictis pro possidendo praedicto titulo honore dignitate et gradu Cum omnibus priviledgii[s] aliisque eo Spectantibus Ac Si cum omnibus ritibus et Solemnitatibus Similibus Occasionibus perprius usitis Ille ejusque praedicti investiti et inaugerati essent quo circa dispensavimus perque presentem Cartam in perpetuum dispensamus In Cujus Rei Testimonium presentibus Mag[n]um Sigillum nostrum appendi praecipimus Apud aulam nostram De St James’s duodecimo die Mensis aprilis Anno domini Millesimo Septingentesimo tertio et anno Regni nostri Secundo per Signaturam Manu S: D: N: Reginae Suprascriptam ; Written to the great Seall and Registrat the twenty fifth day of September 1703 Sic Subscribitur Charles Kerr Sealled at Edinburgh the Twenty fifth day of September 1703 years By Speciall order till the seall be renewed Sic Subscribitur Alexander Ogilvie.
1. NRS, PC1/53, 52-4.
2. Sic.
3. Sic.
4. Sic.
5. Sic. Recte ‘Titulum’.
6. Sic.
7. This word has been altered from ‘Liberi’.
8. Sic.
1. NRS, PC1/53, 52-4.
2. Sic.
3. Sic.
4. Sic.
5. Sic. Recte ‘Titulum’.
6. Sic.
7. This word has been altered from ‘Liberi’.
8. Sic.
A1703/9/27
A1703/9/271
Procedure
Patent of honour Infavours of the Viscount of Roseberry to be Earle of Roseberry being presented by the Earle of Stair the Samen was by Sir Gilbert Elliot one of their Clerks Read and appointed to be Recorded and therafter delyvered by the said Sir Gilbert to the Lord Chancelor who delyvered the Samen to the said Earle of Roseberry and who recorded the said patent upon his knee as use is. Followes the tenor of the said patent
Anna Dei Gratia Magnae Brittaniae Franciae et Hiberniae Regina fideique defensor Omnibus probis hominibus ad quos praesentes Literae nostrae pervenerint Salutem Quandoquidem Nos Regio Nostro animo perpendentes fidelia Servitia per Fidelissimum et dilectissimum nostrum Consanguineum et Conciliarium Archibaldum Vicecomitem de Rosebery Nobis prestita atque Zelum ejus et affectum erga Nostram personam et Regimen , per ium2 omnibus Occasionibus express[um] ob hasce Igitur et per plurimus3 alias Magni momenti rationes Quendam Regiae Nostrae gratiae Characterem in eundem Archibaldum vicecomitem de Roseberry Conferre benigne Statuimus ut Sibi et Suae familiae durabilis Fiat additio honoris Noveritis igitur nos Fecisse Constituisse et creasse Sicuti nos tenore praesentium Facimus Constituimus et Creamus dictum Archibaldum Vicecomitem de Roseberry Comitem de Roseberrie , Vicecomitem de Innerkeithing et Dominum Damenie et Primrose Dando Concedando et Conferendo in memoratum Archibaldum Vicecomitem de Roseberry et haeredes Masculos Sui Corporis , Quibus deficientibus haeredes Femellas Sui Corporis titulum honorem Gradum et dignitatem Comitis cum omnibus et Singulis praerogativis praeeminentiis praecedentiis privilegiis et Immunitatibus quibuscunque eo spectantibus quibus cum nos praefatum Archibaldum Vicecomitem de Roseberry ejusque praedictos Omni tempore futuro per praesentes Nobilitamus et investimus Tenendum et Habendum predictum titulum gradum et dignitatem Comitis vicecomitis et domini cum omnibus et Singulis praerogativis praeeminentiis praecedentiis et priviledgiis antidictis4 per eundem Archibaldum Vicecomitem de Roseberry ejusque praedictos de Nobis Nostrisque Regiis successoribus in omnibus parliamentis Ordinum Conventibus Consiliis generalibus aliisque congressibus qui[buscunque] quibuscunque publicis seu privatis in dicto Regno Nostro, Tam plenarie et Libere in quovis Respectu et Conditione quam quivis alius Comes vicecomes et dominus Simili titulo honore et dignitate per prius potitus est seu quovis tempore praeterito praesenti vel futuro poteri5 poterit Leoni porro Armorum Regi ejus Fratribus Fecialibus6 Imperamus ut praefato Archibaldi vicecomiti de Roseberry Nunc Comiti de Roseberry Talia prioribus Insigniis ejus Gentilitiis additamenta qualia ipsi illisque hac Occasione Convenientia videbuntur dent et praescribant Ordinando et Declarando hasce Nostras patentes Literas Magno nostro sigillo Munitas adeo validas et Efficaces fore illi ejusque antedictis pro fruendo praedicto titulo honore dignitate et gradu cum omnibus priviledgiis aliisque eo attinentibus Ac Si ille ejusque praedicti omnibus ritibus et solemnitatibus Similibus Occasionibus per prius usitatis investiti et inaugerati essent quo circa dispensavimus perque praesentes pro nobis nostrisque Successoribus in perpetuum dispensamus In Cujus Rei Testimonium presentibus Magnum Sigillum Nostrum appendi praecipimus Apud aulam Nostram de St James’s Decimo die Mensis Aprilis Anno domini Millesimo septingentesimo tertio et anno Regni Nostri Secundo Per Signaturam Manu S: D: N: Regina[e] Supra Scriptam wryten on the back Thus, Wryten to the great Seall and Registrat the twenty fourth day of September IM Viic and three years Sic Subscribitur Charles Kerr, Sealled at Edinburgh the Twenty fourth of September One thousand Seven hundred and thrie years by speciall order till the Seall be renewed Sic Subscribitur Alexander Ogilvie.
1. NRS, PC1/53, 51-2.
2. Sic. Recte ‘eum’.
3. Sic. Recte ‘perplurimas’.
4. Sic.
5. Sic. Recte ‘potiri’.
6. The letter ‘a’ is an insertion.
1. NRS, PC1/53, 51-2.
2. Sic. Recte ‘eum’.
3. Sic. Recte ‘perplurimas’.
4. Sic.
5. Sic. Recte ‘potiri’.
6. The letter ‘a’ is an insertion.