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INTRODUCTION
On his succession at the Revolution King William treated the office of Lord
High Admiral of Scotland as vacant. War was in progress with France, and as
the Admiralty Courts had to exercise jurisdiction he proceeded on the royal
prerogative. A blank warrant for a gift of the office of Judge Admiral was
issued by him on 7th December, 1689 ; and on 15th December, 1690, he
appointed Mr. William Dundas, advocate, to the office of Judge Admiral. The
Admiralty was in course filled up by the appointment on 3rd March, 1692, of
the Duke of Hamilton as Lord High Admiral. That nobleman held the office
until his death on 19th April, 1694. During this period the executive naval
functions of the Admiralty and the Lord High Admiral were more or less
nominal, these functions being exercised by the Scots Privy Council. Soon
after the Duke of Hamilton's death the office was put into commission ; and
there was now a real attempt made to put into the hands of the new
Commission extensive executive powers of a purely naval character. Some of
these powers have incidentally been referred to in chapter iv; and the
warrant for a new commission issued on 7th January, 1697, is instructive as
showing that real executive powers in the management of the navy of
Scotland, which had previously been exercised by the Privy Council of
Scotland, were conferred on that Commission. These powers comprehended the
provision of convoys for merchant shipping and of cruisers to guard the
coasts. The issue of commissions to men-of-war and their officers, of
letters of marque to privateers, the latter subject to the approval of the
Privy Council, also fell within the scope of the Admiralty Commission. The
royal prerogative and right to appoint the Judge Admiral was also
transferred to the new Commission. The Commissioners on 14th August, 1695,
appointed Mr. Archibald Sinclair, advocate, Judge of the High Court of
Admiralty, an appointment afterwards confirmed and continued by the king. On
his demission he was succeeded on 1st August, 1699, by Mr. Robert Forbes of
Learnie, advocate, an appointment confirmed by the king on 30th November
that same year.
When Queen Anne succeeded, the war of the Spanish Succession was beginning,
and the policy of having the Admiralty in commission was for a time
continued. On 17th July, 1703, a blank warrant reconstituting the commission
was issued. At the same time a royal warrant for a commission to Hugh
Cunninghame to be principal clerk to the High Court of Admiralty in
succession to the deceased John[John Cunninghame of Enterkine.]
was issued, on the narrative that the right of Admiralty and of appointing
judges, clerks and other officers belongs only to the Queen and that the
title thereof was only honorary in the person of any other. The Duke of
Richmond's claim to the office of Lord High Admiral was now emerging, and
seems by 5th February, 1705, to have been conceded. It is certain that on
21st October, 1702, six days after the death of Frances Duchess of Lennox,
Charles Duke of Lennox and Richmond issued a commission in favour of Daniel
Hamilton to be principal clerk of the High Court of Admiralty, and on 17th
February, 1704, issued commissions to Sir Robert Forbes and Mr. James
Graham, advocates, to be judges of the same court. These commissions were
confirmed and ratified by the queen on 5th February, 1705. It appears from a
MS. memorial about the rights of naming the admiral clerk, dated 1717 and
preserved in H.M. Register House, Edinburgh, that Queen Anne purchased the
office from the Duke of Richmond and thereafter confirmed the judges' and
clerk's commissions from the duke by commissions under the Great Seal. At
the same time the reform of an Admiralty Commission was given up, and on
23rd February, 1705, James Marquis of Montrose was appointed Lord High
Admiral of Scotland at a salary of £1000 sterling per annum. He was
succeeded on 7th March, 1706, by David Earl of Wemyss, who received a salary
of £600 sterling; but there were excepted from his jurisdiction Orkney and
Zetland, which were gifted on 12th August, 1706, to James Earl of Morton as
Admiral and Judge of Admiralty, while the claims of the Duke of Argyll to
certain jurisdiction were also reserved. During Queen Anne's reign the most
outstanding event in the history of the Scots High Court of Admiralty was
the trial and condemnation by that court, in the spring of 1705, of Captain
Green of the English ship Worcester and some of his crew on a charge of
piracy and murder, resulting in his execution with two others.
In May, 1707, with the Union of the Parliaments, we have already seen that
the office of Lord High Admiral of Scotland, so far as it exercised
executive naval authority, was absorbed in that of Lord High Admiral of
Great Britain, held by Prince George of Denmark. In terms of section 19 of
the Treaty of Union the Court of Admiralty in Scotland was continued with
the same powers and jurisdiction, and subject to the old review of its
judgments, until Parliament should make such regulations and alterations as
were expedient for the whole kingdom. The court accordingly continued to
exercise its ancient jurisdiction until 1828 and 1830, when the statutes 9
Geo. IV. c. 29, and 1 William IV. c. 69, abolished it. The jurisdiction of
the High Court of Justiciary was then extended to all crimes and offences
competent to the superseded Court of Admiralty; and the old civil
jurisdiction of the Admiralty Court was transferred to the Court of Session,
actions under a certain value being authorised in the first instance to be
raised in the Sheriff Courts, which had also criminal jurisdiction conferred
on them within their respective areas.
CHAPTER VII
Warrant for a gift of the Office of Judge of the High Court
of Admiralty in Scotland in favour of . . .
State Papers (Scotland) Warrant Books, Vol. XIV.
WILLIAM R.—Our Sovereign Lord and Lady ordain a commission to be past, and
expeded under their Majesties' Great Seal of their ancient kingdom of
Scotland in due form nominating making and constituting, likeas their
Majesties by these presents nominate make and constitute to be Judge of
their Majesties' High Court of Admiralty of their said kingdom and isles
thereof, including the Isles of Orkney and Zetland, giving and granting unto
him the said office with all fees, casualties, profits, emoluments and
duties thereunto belonging to be enjoyed by him during their Majesties'
pleasure only ; with power unto him to hold courts, to pronounce and give
forth decreets and sentences conform to the laws of the said kingdom, and
privilege and practice of the said High Court of Admiralty in all actions
and causes competent to be decided therein, and generally all and sundry
other things belonging and competent to the said office to do, use and
exerce[Exercise.] sicklike and as fully and freely in all
respects as any other Judge of the said High Court of Admiralty has, or have
formerly done by the laws and practique of the said kingdom; and ordain this
commission to continue and endure during their Majesties' pleasures only,
and to be past and expede under the Great Seal of the said kingdom per
saltum without passing any other register or seal, for which these presents
shall be to the directors of their Majesties' Chancellary, and their deputes
for expeding thereof, and the Lord High Chancellor, or Lords Commissioners
appointed for keeping the Great Seal for the time being and to the appender
for causing the same to be appended thereunto a sufficient warrant. Given at
the Court at Kensington the 7th day of December 1689 and of their Majesties'
reign the first year.
Minutes of the Privy Council of Scotland.
Edinburgh. 25th June, 1691.
Mr. William Dundas made Judge Admiral.
Mr. William Dundas of Kincavell, [In Linlithgowshire. The third laird
who was out in the Fifteen purchased Blair in Perthshire, and this branch of
the Dundas family is now designated of Blair.] advocate, having
presented to the Lords of their Majesties' Privy Council a gift in his
favour passed under their Majesties' Great Seal nominating and appointing
him to be Judge of the High Court of Admiralty within this kingdom and isles
thereof, including the Isles of Orkney and Zetland, dated the fifteenth of
December, 1690, and the same being this day read in presence of the said
Lords and the said Mr. William, who was at hand attending to receive the
Council's pleasure and commands, being called in did in presence of the said
Lords swear and sign the oath of allegiance, and alsosigned the assurance to
their Majesties King William and Queen Mary appointed by Act of Parliament,
and the Earl of Crafurd, president of the Council for the time, having
administered to the said Mr. William Dundas the oath de fideli, he
was admitted to the said office, and the Earl delivered to him his Majesty's
commission foresaid in his favour.
Follows
the tenor of the said Mr. William's gift:
Gullielmus et Maria Dei gratia Magnse Britanniae, Franciae et
Hybernise Rex et Regina, fideique defensores, omnibus hominibus, ad quos
presentes literae nostrge pervenerint, salutem. Noveritis nos nominasse,
fecisse et constituisse, tenoreque presentium nominare, facere et
consti-tuere dilectum nostrum Magistrum Gullielmum Dundas de Kincavell,
Advocatum, Judicem supremae nostras Curias Admiralitatis intra hoc antiquum
regnum Scotiae et Insulas ejusdem, includentes Insulas Orcadum et Zetlandise,
ac damus et concedimus illi praedictum officium, cum omnibus feodis,
casualitatibus, proficuis et emolumentis quibuscunque eo attamen ab ipso
potiundum durante nostro duntaxat beneplacito, cum plena eidem potestate
curias tenendi, sententias et decreta secundum leges dicti nostri regni ac
privilegium et praxin dictae nostrae supremae Admiralitatis Curiae
pronunciandi ac proferendi-in omnibus actionibus et causis ibidem ei
judicari competentibus, et generatim omnia et singula alia ad dictum ofncium
spectantia et competentia faciendi, utendi et exercendi similiter adeoque
libere et plenarie in omni respectu ac quivis alius Judex dictae nostrae
supremae Admiralitatis Curiae per leges et praxin dicti nostri regni fecit
aut quovis tempore preterito facere potuerit ; atque hanc nostram
commissionem durare et continuare volumus durante nostro duntaxat
beneplacito. In cujus rei testimonium presentibus magnum sigillum nostrum
appendi mandavimus, apud Aulam nostram de Kensingtoune, decimo quinto die
Decembris anno Domini millesimo sex-centesimo et nonagesimo regnique nostri
anno secundo. Per signaturam manu S.D.N. Regis suprascriptam. William,
Rex.
Written upon the back as follows :—Written to the Great Seal and registered
the twenty-fifth day of June 1691, Sic subscribitur, Dunc. Ronald,
Dept. Sealed at Edinburgh the twenty-fifth day of June, 1691, Sic
subscribitur, Alexr. Inglis.
State Papers (Scotland) Warrant Book, Vol. XV, p. 118, No.
154.
Warrant for a Gift of the office of Lord High Admiral of Scotland to William
Duke of Hamilton.
William R.—Our Sovereign Lord and Lady considering that the
office of High Admiral of their ancient kingdom of Scotland and of all the
isles thereof, including and comprehending the Isles of Orkney and Zetland,
is in their Majesties' hands and at their royal gift and disposal, and their
Majesties taking into their consideration the great courage and conduct
together with the eminent loyalty and other qualifications requisite for
such a trust and office of their right trusty and entirely beloved cousin
and councillor William Duke of Hamilton president of their Majesties'
Council, and also considering the frequent proofs and testimonies of his
true zeal and affection to their Majesties' service and interest :
Therefore and for several other important causes and considerations their
Majesties ordain a letter of gift to be made and past under the Great Seal
of their said ancient kingdom nominating, making, constituting and
ordaining, likeas their Majesties by these presents nominate make constitute
and ordain their said right trusty and entirely beloved cousin and
councillor William Duke of Hamilton (during their Majesties' pleasures only)
High Admiral of the said kingdom of Scotland and isles thereof,
comprehending and including the Isles of Orkney and Zetland and all other
isles belonging to the said kingdom, giving granting and dis-poning, likeas
their Majesties by these presents give grant and dispone unto the said
William Duke of Hamilton during the space foresaid the said office of High
Admiral with all honours, dignities, jurisdictions, liberties, privileges
and immunities, fees, casualties, profits and duties whatsoever belonging or
which are or may be known to belong into the same, with power to the said
William Duke of Hamilton, during the space foresaid, to possess and enjoy
the said office with all honours, dignities, jurisdictions, liberties,
privileges, profits and casualties whatsoever belonging thereunto, in the
same manner and as fully and freely in all respects as any of his
predecessors in that office did, or might have done according to the laws
of that kingdom; and ordain the said letter to be further extended in the
most ample and best form with all clauses needful, and to pass the Great
Seal per saltum, without passing any other seal or register : For doing
whereof these presents shall be to the directors of their Majesties'
Chancellary and their deputes for writing the same, and to the Lord High
Chancellor for causing the Great Seal to be appended thereunto a sufficient
warrant. Given at the Court at Kensington the 3rd day of March 1691-2 and
their Majesties' reign the 3rd year. . . .
JO. DALRYMPLE.
Ibidem, Vol. XVI.
Warrant for a ratification and new gift of the office of
Judge of the High Court of Admiralty in Scotland in favour of Mr. Archbald
Sinclair.
William R.—Our Sovereign Lord considering that the
Commissioners appointed by his Majesty for executing the office of Lord High
Admiral of his ancient kingdom of Scotland have nominated and constituted
Mr. Archbald Sinclair, advocate, to be Judge of the High Court of Admiralty
of his said kingdom by their commission granted to him dated the fourteenth
day of August ninety and five years, and his Majesty being well informed
and assured of the ability, fidelity, carefulness and loyalty of the said
Mr. Archbald Sinclair, and of his knowledge in maritime affairs and fitness
for exercing the said office ; therefore his Majesty ordains a letter of
gift to be past under Privy Seal of his said kingdom not only ratifying
approving and confirming, likeas his Majesty by these presents ratifies
approves and confirms the foresaid commission granted to the said Mr.
Archbald Sinclair in the haill[Scots term meaning whole.] heads
articles and clauses thereof, but also for the early and constant proofs the
said Mr. Archbald has given of his loyalty and affection to his Majesty's
person and government, and the other good services done and performed by him
to his Majesty, his Majesty of his certain knowledge and proper motive of
new again nominates constitutes and appoints the said Mr. Archbald Sinclair,
during his Majesty's pleasure only, to be Judge of the said High Court of
Admiralty within the foresaid kingdom of Scotland and isles thereof,
including the Isles of Orkney and Zetland ; and his Majestv gives and grants
to him the foresaid office with all fees, casualties, profits and emoluments
whatsoever thereto belonging, with full power to the said Mr. Archbald
Sinclair to set, affix, hold and continue Admiral Courts, administer and do
justice therein in all actions and causes civil and criminal competent to
be intended and pursued before him as Judge foresaid, conform to the laws
and practique of the kingdom, and the privilege of the said High Court of
Admiralty, acts to make, decreets and sentences to pronounce, and the same
to due execution cause be put; and generally all and sundry other things
pertaining and belonging to the said office to do use and exerce sicklike
and as freely in every respect as any other Judge of the said High Court of
Admiralty by the laws and practique of this kingdom did or might have done
at any time heretofore : And moreover our said Sovereign Lord- considering
that the said High Court of Admiralty is by Act of Parliament in the year
1681 declared a sovereign court, and that the Estates of the last session of
this current Parliament have recommended to his Majesty to appoint such a
competent salary forth of the first and readiest of the imposition laid upon
the tunnage of ships by an act of the former session of the said Parliament,
as his Majesty in his royal wisdom should think fit, therefore and for the
said Mr. Archbald Sinclair his further encouragement his Majesty has given
granted and appointed, and hereby gives grants and appoints the sum of one
hundred pounds sterling money to be paid to the said Mr. Archbald Sinclair
yearly as a salary for exercing the said office, and that out of the first
and readiest of the abovementioned imposition laid upon the tunnage of ships
during his Majesty's pleasure and the foresaid imposition, and his Majesty
doth hereby ordain the general receivers or any others already or hereafter
to be appointed for uplifting the foresaid imposition to make payment to the
said Mr. Archbald Sinclair of the foresaid salary yearly, beginning the
first year's payment of the same at the term of Whitsunday next for the year
immediately preceeding, and so forth yearly in time coming at the said term
and during his Majesty's pleasure and the foresaid imposition, for doing
whereof this shall be to all concerned a sufficient warrant. And lastly his
Majesty ordains this present gift and commission to be recorded in the books
of the said High Court of Admiralty. Given at his Majesty's Court at
Kensington the 18th day of November 1696 and of his Majesty's reign the 8th
year.
May it please your Majesty, &c.
These contain your Majesty's warrant for a gift to be past
under your Privy Seal of Scotland, &c.
JA. OGILVIE.
Ibidem.
Warrant for a new Commission to the persons within named, to
be Lords Commissioners of the Admiralty.
William R.—Our Sovereign Lord considering how much the
interest advancement and security of trade within his Majesty's ancient
kingdom of Scotland doth now in these times of war depend upon the right and
careful administration of the office of Admiralty within that kingdom;
whereby not only the carrying on of trade, in the many difficulties that do
now attend it, may be better seen to, but its security and the safety of
merchant ships much better provided for, by the setting out and well
ordering of convoys and ships for guarding the coasts, and that the
said office be intrusted to persons of known sufficiency and
ability for discharging the same ; and his Majesty, being fully
satisfied that the persons afternamed are every way qualified and fitted
for the foresaid trust, does therefore ordain a commission to be past
under the Great Seal of the foresaid kingdom nominating and appointing,
likeas his Majesty hereby nominates and appoints his right trusty and right
well beloved councillors Patrick Lord Polwarth Lord High Chancellor of his
said kingdom, his right trusty and well beloved cousin and councillor George
Earl of Melvill Lord President of his Majesty's most honourable Privy
Council, his right trusty and well beloved councillors John Lord Beilhaven,
Sir James Steuart his Majesty's Advocate, Sir John Maxwell of Pollock, Sir
Archibald Hope of Ranqueillor, Sir John Hamilton of Halcraig, Sir
Francis Scot of Thirle-staine, and George Clerk late baillie of Edinburgh,
whereof five are to be a quorum (of which the said Patrick Lord Polwarth
Lord High Chancellor is always to be one), to be Commissioners of
Admiralty in place of Lord High Admiral of the said kingdom of Scotland and
isles thereof, comprehending and including therein the Isles of
Orkney and Zetland and all other isles belonging to the said kingdom, with
full power and authority to the said Commissioners or their quorum foresaid
to exerce all jurisdictions powers or privileges whatsoever belonging or
known to belong to the said office of High Admiral, and that as fully and
freely in all respects as any High Admiral of Scotland did or might have
done at any time pre-ceeding according to the laws of the said kingdom ; and
particularly, without prejudice of the generality foresaid, to issue out
commissions for ships of war, and to their captains and commanders, and to
privateers, as also to direct and give letters of mart when allowed by his
Majesty or the Lords of his Privy Council, as likewise to give warrants for
convoy ships, and all orders necessary to ships of war and other vessels
necessary for cruising upon and securing the coasts and firths, rivers, and
other seas and waters of the said kingdom; with full power and liberty to
them and their quorum foresaid to apply the whole profits of the said
Admiralty, as well those which formerly pertained to the High Admiral as
these which pertain to his Majesty, towards the expenses of the outreiking
of the said ships of war and convoys, and for payment of the salaries, fees
and wages of those employed by the said Commissioners in the said service,
the said Commissioners being always accomptable[Accountable.] for the
remainder of the said haill profits to his Majesty's Treasury, to be
employed by them for building or buying of frigates or men-of-war to be set
forth for the defence of the said kingdom in time of war, and to be hired
out to merchants for the use of trade in the time of peace, as likewise with
power to the said Commissioners or their quorum foresaid to nominate and
appoint Judges of the Admiralty accomptable to them, and to grant
deputations for that effect, either in general or for particular coasts,
firths and islands as they shall see cause ; and generally without
prejudice of the whole premises[ In Scots law this term means
the subject matter generally of the deed or document.] to do all and sundry
other things, which by the custom of this or other kingdoms are known to
belong to the office of High Admiral or to Commissioners of Admiralty,
consisting always with the laws of the said kingdom; and lastly his
Majesty does hereby revoke all commissions either of High Admiral or of
Admiralty granted by him to any person or persons preceding the date
hereof, and willing and declaring that these presents are to continue
during his Majesty's pleasure and no longer ; and ordains the foresaid
commission to be extended in the most ample form with all clauses
needful, and to pass the Great Seal aforesaid per saltum without passing any
other seal or register, in order whereunto these presents shall be to the
directors of his Majesty's Chancellary for writing the same and to the
Lord High Chancellor for causing the Seal to be appended thereto a
sufficient warrant.
Given at his Majesty's Court at Kensington the 7th day of
January 1696-7 and of his Majesty's reign the 8th year—
May it please your Majesty &c.
JA. OGILVIE.
Ibidem.
The King's Letter to the Lords Commissioners of Admiralty for
continuing Mr. Archbald Sinclair in the office of Judge of the Admiralty in
Scotland.
William R.—Right trusty and well beloved councillor &c, we
greet you well. We, being willing to prevent any mistake that may arise
from our commission to you, have thought fit to signify to you that it was
not our intention thereby to prejudge Mr. Archbald Sinclair advocat of the
office of Judge of the Admiralty within that our kingdom lately granted and
confirmed to him by us ; but that it is our pleasure he should continue to
exerce and enjoy the same as freely in all respects as he would have done
before our commission to you. And so we bid you heartily farewell. Given at
our Court at Kensington the 21st day of January 1696-7 and of our reign the
8th year. By his Majesty's command.
JA. OGILVIE.
Ibidem, Vol. XVII, No. 234.
Warrant for a letter of ratification of the office of Judge
Admiral in Scotland to Mr. Robert Forbes, Advocate.
William R.—Our Sovereign Lord considering that the Lords
Commissioners of the Admiralty of his Majesty's ancient kingdom of Scotland
and isles thereof, including the Isles of Orkney and Zetland have, upon the
dimission of Sir Archbald Sinclair late Judge of the Admiralty of the said
kingdom, nominated and constituted his Highness' lovite Master Robert Forbes
of Learnie advocate to be Judge of his Majesty's High Court of Admiralty of
his said kingdom, by their commission to him thereanent dated the first day
of August one thousand six hundred ninety-nine years ; and his Majesty being
well informed and assured of the fidelity, abilities, carefulness and
loyalty of the said Mr. Robert Forbes, and of his knowledge of maritime
affairs and fitness for exercing the said office, ordains a gift and
commission to be made and past under his Majesty's Privy Seal in due and
competent form not only ratifying approving and confirming, likeas his
Majesty by these presents ratifies, approves and confirms the
foresaid commission granted to the said Mr. Robert Forbes in the haill
heads articles and clauses thereof; but also for the early and constant
proofs the said Mr. Robert Forbes has given of his loyalty and affection to
his Majesty's person and government and the other good services done and
performed by him, his Majesty of his certain knowledge and proper
motive of new again nominates constitutes and appoints the said Mr. Robert
Forbes, during his Majesty's pleasure only, to be Judge of the said High
Court of Admiralty within his foresaid kingdom of Scotland and
isles thereof including the Isles of Orkney and Zetland ; and his Majesty
gives and grants to him the foresaid office [&c. as in the commission to Mr.
Archbald Sinclair].
Given at his Majesty's Court at Kensington the 30th day of
November 1699, and °f his Majesty's reign the eleventh year.
SEAFIELD.
Ibidem, Vol. XIX.
Warrant for a new Commission of Admiralty.
ANNE R.—Our Sovereign Lady considering how much the interest,
advancement and security of the trade of her Majesty's ancient kingdom of
Scotland doth in these times of war depend upon the right and diligent
administration of the office of Admiralty on the said kingdom, whence not
only trade in the many difficulties that attend it, but also the security
thereof and the safety of merchant ships will by fitting out and ordaining
convoys and ships for defending the coast be the better provided for, and
that the said office and trust be committed to those who are sufficiently
qualified for exercing thereof; and we being abundantly satisfied that the
persons afternamed are fit and qualified for the said office, wherefore her
Majesty of her royal prerogative has nominat and constitut, and by these
presents nominates and constitutes Commissioners of the Admiralty in place
of Lord High Admiral of her Majesty's said ancient kingdom of Scotland and
isles of the same, comprehending the Isles of Orkney and Zetland, and all
other pertaining and belonging to the said kingdom, with full power to the
saids Commissioners or their quorum foresaid to exerce all jurisdictions,
powers and privileges whatsoever belonging or which are known to belong to
the said office of High Admiral, and that as fully and freely in every
respect as any other High Admiral of Scotland did or might have done any
time heretofore according to the laws of the said kingdom, and specially
but[Without.] prejudice of the generality fore-said to grant commissions for
ships of war and their captains and commanders as also to privateers, and
to direct and grant letters of mart, when they are approven by her Majesty
or the Lords of her Majesty's Privy Council, and to grant warrants for
convoy ships and all orders necessary to the ships of war and cruisers for
defending and securing the coasts and creeks and all other seas and rivers
of this kingdom, with full power and liberty to them and their lawful quorum
foresaid, to apply all the emoluments of the said Admiralty, as well those
which formerly pertained to the High Admiral as these which pertained to her
Majesty for defraying the expenses of the said ships of war and convoys, and
for payment of these salaries and fees of those to whom the foresaid service
is committed by the saids Commissioners, and the saids Commissioners are
only to be comptable for the remainder of the saids emoluments to her
Majesty's Thesaury, to be by them applied for building or buying of frigates
or ships of war to be set forth for defence of the kingdom in time of war,
and let to merchants for the use of trade in time of peace, and sicklike and
with power to the said Commissioners or their quorum foresaid to nominate
and constitute Judges of the Admiralty, who shall be answerable to them and
to grant deputations for that effect, either in general or for particular
coasts, creeks and isles as they shall think fit, Hugh Cuninghame
continuing clerk as formerly; and generally without prejudice of the haill
premises all and sundry other things to do, which by the constitution of
this or other kingdoms is known to pertain to the office of High Admiral or
Commissioners of the Admiralty, consisting always with the laws of
this kingdom, and these presents derogating from all others pretending
right to the said Admiralty and to continue during her Majesty's pleasure
and to pass the Great Seal per saltum, for doing whereof these presents
shall be a sufficient warrant. Given at her Majesty's Court at Windsor
Castle the 17th day of July 1703 and of her Majesty's reign the second
year.
DAVID NAIRNE.
Ibidem.
Warrant for a Commission to Hugh Cuninghame to be Principal Clerk to the
Admiralty.
Anne R.—Our Sovereign Lady considering that his deceast
Majesty King William of ever glorious memory by his commission of the .date
at Kensington the nineteenth day of December one thousand six hundred and
ninety-four years nominat, constitut and appointed Hugh Cuninghame, Writer
to the Signet, to be principal clerk of the High Court of
Admiralty within her Majesty's ancient kingdom of Scotland, and her
Majesty considering that the right of Admiralty and of appointing Judges,
Clerks, and other officers belongs only to herself as queen, and that the
title thereof was only honorary in the person of any other, and being
willing to continue the said Hugh Cuninghame in the foresaid office ;
therefore our said Sovereign Lady ordains a commission to be past under her
Majesty's Privy Seal in due form making, constituting and appointing, likeas
her Majesty by these presents makes, constitutes and appoints the said Hugh
Cuninghame during principal clerk of her Majesty's said High Court of
Admiralty within the said kingdom of Scotland and isles thereof, giving,
granting and disponing to him during the space above written the foresaid
office with the haill profits, duties, privileges, casualties and
emoluments pertaining and belonging thereto ; with power to the said Hugh
Cuninghame by himself or his deputes (for whom he shall be answerable) to
brook, use and exerce the said office and to intromit with, uplift,
receive and dispose upon the haill profits, duties and casualties
belonging thereto, and to do all other things necessary and requisite
thereanent, sicklike and as freely in every respect as the deceast John
Cuninghame of Enterkine or any other principal clerk of her Majesty's said
High Court of Admiralty did or might have done at any time heretofore; and
ordains all her Majesty's officers and ministers of state to concur with the
said Hugh Cuninghame in maintenance of this her royal gift as only
depending upon her Majesty and at her royal disposal, and to withstand any
commission granted by any other person of the said office as illegal and
usurped until their rights be declared by law. Given at her Majesty's Court
at Windsor Castle the 17th day of July 1703, and of her Majesty's reign the
second year.
DAVID NAIRNE.
State Papers (Scotland), Series 2, Vol. I, 1688-1706.
Edinburgh. 13th August, 1703.
Our Parliament sat this day and a motion was made that the act for security
of the kingdom might be approved and past by the house as it then stood; but
it met with opposition till there should be some more amendments made
thereto; and a vote was stated whether approve as it now is or delay, and it
was carried delay by one voice. They then considered the act of succession
made anno 1681 and rescinded it. My Lord Commissioner in some motion made in
the house about the Admiralty of Scotland was pleased to make a discourse
relative to the subject, which did not relish with my Lord Blantyre, who
claims the right of hereditary Admiral of Scotland, deriving his claim from
the late Duke of Lennox, insomuch that that noble lord thought fit to
say that, if his Grace my Lord Commissioner's character could be separated
from his person, he could say he lies ; whereupon his lordship was sent
under a guard and confined in his lodgings, and will have his trial for his
words as is believed.[See also Hume of Crossrig's Diary, pp.
125-7, wno gives a somewhat different account,] The
Duke of Argyll is indisposed.
State Papers (Scotland) Warrant Books, Vol. XX.
Warrant for a ratification of the office of Judge of the Admiralty Court to
Sir Robert Forbes and Mr. James Grahame, Advocates.
ANNE R.—Our Sovereign Lady for certain weighty considerations
ordains a charter to be made and expede under her Majesty's Great Seal of
her ancient kingdom of Scotland ratifying approving and perpetually
confirming, likeas her Majesty by these presents ratifies approves and for
her and her successors perpetually confirms the gift and commission of the
date at London the seventeenth day of February one thousand seven hundred
and 3-4 years made and granted by Charles Duke of Lennox and Richmond, then
Lord High Admiral of the kingdom of Scotland and isles thereto belonging
including the Isles of Orkney and Zetland, who thereby nominated constituted
and appointed Sir Robert Forbes and Mr. James Grahame advocates during all
the days of their conjunct lifetimes and the longest liver of them two to be
Judges of the High Court of Admiralty within the said kingdom and isles
thereof including as said is ; and gave and granted to them during the space
foresaid the said office with all emoluments whatsoever thereto belonging,
with full power to them to affix, hold, affirm and continue courts during
the said space, and to do and administer justice therein in all actions and
causes civil and criminal competent to be intended before them or either of
them as Judges aforesaid conform to the laws and practique of the said
kingdom and privilege of the said High Court of Admiralty, acts to make,
decreets and sentences to pronounce, and the same to due execution cause be
put, and in case of the necessary absence of one or either of them to
appoint and substitute deputes for whom he or they shall be answerable
conform to the custom and practique of the said Admiralty; and generally all
other things belonging to the said office during the space fore-said as
fully and freely in all respects and conditions as any other Judge or
Judges of the said High Court of Admiralty by the laws and practique of the
said kingdom did or might have done at any time heretofore, as the said gift
and commission bears in the haill heads articles and clauses of the said
gift and commission and after the form and tenor thereof : And her Majesty
for her and her royal successors statutes and ordains the said commission to
be good and valid and sufficient right to the said Sir Robert Forbes and Mr.
James Grahame for their brooking and enjoying their said office during their
said lifetimes, and that this present confirmation thereof is and shall be
as valid and sufficient to all intents and purposes as if the foresaid gift
hereby confirmed were word by word insert herein, although the same be not
so done; whereanent and with all defects and imperfections (if any be) of
the said gift, and all that can be objected against the same or this
ratification thereof, her Majesty for her and her royal successors has
dispensed and hereby dispenses for ever, and promises in the word of princes
to ratify these presents in the next or any other session of the current or
any subsequent Parliament of Scotland. And her Majesty ordains the said
charter to be expede per saltum under the Great Seal without passing any
other seal or register, granting hereby warrant to the director of the
Chancellary and keeper of the Great Seal for so expeding the same. Given at
her Majesty's Court at St. James's the 5th day of February 1704-5, and of
her Majesty's reign the 3rd year.
SEAFIELD.
Ibidem.
Warrant for a ratification of the office of Clerk to the High Court of
Admiralty to Dan1. Hamilton.
ANNE R.—Our Sovereign Lady for certain weighty considerations
ordains a charter to be made and expede under her Majesty's Great Seal of
her ancient kingdom of Scotland ratifieing, approving and perpetually
confirming, likeas her Majesty by these presents ratines approves and for
her and her successors perpetually confirms the gift and commissions of the
date at London the twenty-first of October one thousand seven hundred and
two years granted by Charles Duke of Lennox and Richmond, by which he
nominated and appointed Master Daniel Hamilton writer in Edinburgh during
all the days of his life to be principal clerk of the High Court of
Admiralty within the said kingdom and isles thereto belonging, including
the Isles of Orkney and Zetland, giving granting and disponing to him during
the space foresaid the said office with all fees, profits, casualties,
emoluments, privileges and immunities whatsoever belonging thereto, with
power to him during the said space to exercise enjoy and possess the said
office and uplift and receive the foresaid haill fees, emoluments, profits
and casualties thereof and to apply the same to his own use and to
constitute and appoint deputes and substitutes one or more under him in the
said office for whom he shall be answerable, and to remove alter and change
them from time to time at his pleasure ; and generally to do use and
exercise all other things concerning the said office, as fully and freely in
all respects as any former clerk in the said office did or might have done
[according] to the custom and practique of the said Court and laws of the
said kingdom, as is more fully exprest in the said gift and commission in
the haill heads articles and clauses of the said gift and commission and
after the form and tenor thereof : And her Majesty for her and her royal
successors statutes and ordains the said commission to be good, valid and
sufficient right to the said Daniel Hamilton for his brooking and enjoying
the said office during his said lifetime, and that this present
confirmation thereof is and shall be as valid and sufficient to all intents
and purposes as if the foresaid gift hereby confirmed were word by word
insert herein although the same be not so done, where-anent and with all
defects and imperfections (if any be) of the said gift, and all that can be
objected against the same or this ratification thereof, her Majesty for her
and her royal successors has dispensed and hereby dispenses for ever and
promises in the word of a princess to ratify these presents in the next or
any other session of the current or any subsequent Parliament of Scotland ;
and her Majesty ordains the said charter to be expede per saltum under the
Great Seal without passing any other seal or register, granting hereby
warrant to the director of the Chancellary and keeper of the Great Seal for
so expeding the same. Given at her Majesty's Court at St. James's the 5th
day of February 1704-5 and of her Majesty's reign the 3rd year.
SEAFIELD.
Ibidem.
Warrant for a gift of the office of Lord, High Admiral of Scotland to Ja.
Marquis of Montrose.
ANNE R.—Our Sovereign Lady considering that the office of
High Admiral of her ancient kingdom of Scotland and of all the isles
thereof, including and comprehending the Isles of Orkney and Zetland, is in
her Majesty's hands and at her royal gift and disposal, and her Majesty
taking into her consideration the great courage and conduct together with
the eminent loyalty and other qualifications requisite for such a trust and
office of her right trusty and right well beloved cousin and councillor
James Marquis of Montrose, therefore and for several other important causes
and considerations her Majesty ordains a letter of gift to be made and past
under the Great Seal of her said ancient kingdom nominating making
constituting and ordaining, likeas her Majesty by these presents nominates
makes constitutes and ordains her said right trusty and right well beloved
cousin and councillor James Marquis of Montrose (during her Majesty's
pleasure only) High Admiral of the said kingdom of Scotland and isles
thereof, comprehending and including the Isles of Orkney and Zetland, and
all other isles belonging to the said kingdom, giving granting and disponing,
likeas her Majesty by these presents gives grants and dispones to the said
James Marquis of Montrose during the space foresaid the said office of High
Admiral with all honours, dignities, jurisdictions, liberties, privileges,
immunities, fees, casualties, profits and duties whatsoever belonging or
which are or may be known to belong unto the same, with power to the said
James Marquis of Montrose during the space foresaid to possess and enjoy the
said office with all honours, dignities, jurisdictions, liberties,
privileges, profits and casualties whatsoever belonging thereunto, in the
same manner and as fully and freely in all respects as any of his
predecessors in that office did, or might have done according to the laws of
that kingdom ; and ordains the said letter to be further extended in the
most ample and best form, with all clauses needful, and to pass the said
Great Seal per saltum, without passing any other seal or register ; for
doing whereof these presents shall be to the directors of her Majesty's
Chancellary and their deputes for writing the same, and to the Lord High
Chancellor for causing the Great Seal to be appended thereunto a sufficient
warrant. Given at her Majesty's Court at St. James's the 23rd day of
February 1704-5, and of her Majesty's reign the 3rd year.
ROXBURGHE.
Ibidem.
Docq' of ye Warrant for a Pension of 1000
lib. ster. to ye Marquis of Montrose as
Lord High Admiral of Scotland.
May it please your Majesty.—-These contain your Majesty's
warrant for a letter to be past under your Majesty's Privy Seal of Scotland
giving granting and disponing unto your right trusty and right well beloved
cousin and councillor James Marquis of Montrose (with consent of your
Treasury and Exchequer) as Lord High Admiral of your said kingdom a yearly
pension of one thousand pounds sterling money out of your Majesty's rents
and revenues there to be paid to him at two terms in year, Whitsunday and
Martinmas by equal portions beginning the first term's payment at the term
of Whitsunday next ensuing the date of these presents, and so to continue
during your Majesty's pleasure only. Given at her Majesty's Court at St.
James's the 23rd of February 1704-5, and of her Majesty's reign the 3rd
year.
ROXBURGHE.
Ibidem, Vol. XXI.
7th March, 1706.
Warrant for a Gift of the office of High Admiral of Scotland to the Earl of
Wemyss.
ANNE R.—Our
Sovereign Lady considering that the office of Lord High Admiral of her
ancient kingdom of Scotland and of the isles thereof is in her Majesty's
hands and at her royal gift and disposal, and her Majesty taking into
consideration the great courage and conduct together with
the eminent loyalty and other qualifications requisite for such a
trust and office of her right trusty and well beloved cousin and councillor
David Earl of Wemyss, therefore and for several other important causes and
considerations her Majesty ordains a letter of gift to be made and past
under the Great Seal of her said kingdom nominating making
constituting and ordaining, likeas her Majesty by these presents nominates
makes constitutes and ordains her said right trusty and well beloved
councillor David Earl of Wemyss, during her Majesty's pleasure only, High
Admiral of the said kingdom of Scotland and isles thereof (excepting from
this commission the Admiralty of Orkney and Zetland, to which the Earl of
Morton has right during her Majesty's royal pleasure only) giving granting
and disponing, likeas her Majesty by these presents gives grants and
dispones to the said David Earl of Wemyss during the space foresaid the said
office of High Admiral with all honours, dignities, immunities, liberties,
privileges, fees, profits, casualties and duties whatsoever belonging
thereunto, in the same manner and as fully and freely in all
respects as any of his predecessors in that office did or might have done
according to the laws of that kingdom : Declaring always that this
commission is without prejudice of any right the Duke of Argyll may have of
being Admiral for any part of the said kingdom or isles thereto belonging
; and ordains the said letter to be further extended in the most ample and
best form with all clauses needful, and to pass the said Great Seal per
saltum without passing any other seal or register, for doing whereof these
presents shall be to the Director of her Majesty's Chancellary for writing
the same and to the Lord High Chancellor for causing the Seal to be appended
thereto a sufficient warrant. Given at her Majesty's Court at Kensington the
7th day of March 1706, and of her Majesty's reign the 4th year.
MAR.
Ibidem, Vol. XXI.
Docq'. of the Warrant for a pension of
600 lib. st. to the Earl of Wemyss as Lord High
Admiral of Scotland.
May it please your Majesty.—These contain your Majesty's
warrant for a letter of pension to be made and past under the Privy Seal of
your Majesty's ancient kingdom of Scotland (with the consent of the Lords
and others Commissioners of your Majesty's Treasury and Exchequer) giving
and granting unto David Earl of Wemyss (during your Majesty's pleasure only)
a yearly pension of six hundred pounds sterling money as Lord High Admiral
of the said kingdom and isles thereof, to be paid at two terms in the year,
Whitsunday and Martinmas by equal portions, beginning the first term's
payment at Whitsunday next and so to continue yearly and termly thereafter
during the space foresaid ; and your Majesty commands the Lords
Commissioners of your Treasury and all collectors and receivers of your
rents, revenues, customs and casualties to readily answer and pay the said
pension in manner and during the space above-mentioned. Given at her
Majesty's Court at Kensington the 7th day of March 1705-6, and of her
Majesty's reign the 4th year.
MAR.
Ibidem, Vol. XXII.
Warrant for a Commission to the Earl of Morton to be Admiral of Orkney and
Zetland.
ANNE R.—Our Sovereign Lady for certain weighty and equitable
considerations ordains a gift to be past and expede under her Majesty's
Great Seal of her ancient kingdom of Scotland per saltum nominating
constituting and appointing, likeas her Majesty by these presents nominates
constitutes and appoints her Majesty's right trusty and well beloved cousin
and councillor Ja. Earl of Morton, during her Majesty's pleasure only, to be
Admiral and Judge of the Admiralty within the earldom of Orkney and lordship
of Zetland and haill bounds isles creeks and parts thereof, as well these
parts that formerly pertained to the late Bishop of Orkney and his vassals
and now to her Majesty as all other places whatsoever within the said
earldom and lordship during the space foresaid ; and her Majesty hereby
gives and grants to the said James Earl of Morton the foresaid office of
Admiral and Judge of Admiralty of Orkney and Zetland and haill bounds and
isles of the samen1 with all honours, dignities, pre-eminencies,
jurisdictions, liberties and privileges, wrecks, fees, casualties, fines,
amerciaments, profits and emoluments whatsoever thereto belonging, with full
power and authority to the said Ja. Earl of Morton to make deputes, and to
his deputes and substitutes one or mae[same] to be nominate by him in the
foresaid office (for whom he shall be answerable) to set, affix, affirm,
hold and continue Admiral Courts within any part or place of the said isles
that he shall think fit, and to administer and do justice therein in all
actions and causes civil and criminal conform to the laws and practique of
this kingdom, acts to make, decreets and sentences to pronounce, and the
same to due execution cause be put, and to nominate create and appoint
clerks, prorfiscals,[The Procurator fiscal is the law officer sometime
appointed by the Sheriff and now by the Lord Advocate, at whose instance
criminal proceedings in the sheriff courts, &c, are carried on.]
officers, dempsters[A Scots legal term meaning the executioner of the
sentences of any court.] and other members of Court needful, and to
alter and change them at his pleasure, and generally with power to the said
Ja. Earl of Morton to do use and exerce all and sundry other things
necessary and requisite in the foresaid office, sicklike and as freely in
all respects as any other Admiral of Orkney and Zetland has done at any time
heretofore ; and last her Majesty does hereby revoke all former commissions
of Admiralty granted to any other person preceding the date hereof. Given at
her Majesty's Court at Windsor Castle the 12th day of August 1706, and of
her Majesty's reign the 5th year.
Loudoun. |
