102:, was president of the Privy Council, and on 26 November the Privy Council decreed there had been no lawful quorum in the Kirkcaldy council, declared the election of officials null and void, that Captain James Oswald and 7 other councillors were ineligible to vote at the next election. Captain Oswald was ordered to seek pardon, "on his knees" from the Earl of Leven for "opprobrious words uttered by him against the earl".
185:
burgh constituencies of
Scotland (except Edinburgh) were put into groups, each only electing one member of the Union parliament. In the group each burgh had one vote and in case of a tie the presiding burgh, which rotated, had a casting vote. Kirkcaldy was placed in the Dysart Burghs group, which had
148:
presented a resolution against an
Incorporating Union. The Country party urged that such a union was against the interests and honour of the country. Oswald voted for this protest, which was recorded in the parliamentary record. Oswald then voted against Article 1, but it was carried by a majority of
139:
on 13 August 1703, which stipulated that the successor to Queen Anne must be a protestant, but not the same person who sat on the
English throne, unless various trade and other conditions were met. However, the royal assent was withheld until 1704. The Duke of Hamilton tabled a motion on 17 July 1704
494:
Report from the select committee for petitions from Royal Burghs of
Scotland 1818-1821; appendix 2(B): Return showing the number of Royal Burghs in Scotland, which have at any time lost the power of electing their Council, &c. 1685–1707. (Parliamentary Papers 1821, vol.8). Publ.House of Commons,
59:
and Isobel
Anderson. His father was a merchant navy captain and he followed the same occupation becoming a wealthy captain. It was noted that in 1681 he was a captain trading to Holland and bringing back goods on his own account. By 1689 he was a burgess of Kirkcaldy and successfully petitioned the
156:
against an
Incorporating Union, but the vote was lost. He lost likewise when voting against the article itself, which abolished the Scottish Parliament. Oswald was consistently in opposition to the proposed union. He, together with Scrymgeour of Dundee, Allardyce of Aberdeen, William Sutherland of
197:
and the Whig Junto, who instigated the Union in 1707. Abercromby was overawed by the recent election of James Oswald as provost of
Kirkcaldy, which would be presiding burgh at that election with a casting vote. Abercromby calculated he could only win if Oswald did not stand against him. As he did
91:
In the election there were 9 votes for
Boswell, including the provost, and 9 votes for Captain Oswald, including himself and Thomas Oswald. However Thomas Oswald, as procurator, produced a formal document protesting the exclusion of the four above and recording their votes. The provost declared
87:
First, Captain Oswald claimed that the Earl of Leven, the provost, could not take part in the election meeting on several grounds. On his part, the provost disallowed four Oswald supporters from voting, councillors Henry Oswald, John Durie (future father in law of his son James) and two others.
760:
After death, his testament was registered in Jan.1719. See
Francis J. Grant (ed.), "The Commissariot Record of St Andrews, Register Of Testaments 1549-1800"; print. James Skinner & Co. (for Scottish Record Society), Edinburgh, 1902. Entry for Oswald, Captain James, of Dunnikier, parish of
201:
In
Parliament, Oswald aligned with the Tories, who won the general election on a policy of pursuing peace with France. Oswald persuaded his constituency to send a motion for peace in July 1712, when it seemed in prospect. When in May 1713 he notified Kirkcaldy of the
229:, now Path House, in Kirkcaldy, was built by John Watson in 1692, but was sold to James Oswald in 1703 when he was Dean of Guild. From then until 1938, James Oswald's descendants owned the estate of Dunnikier. However, in 1791-93, his great grandson
140:
proposing these conditions and refusing assent to government funding until this was enshrined in law. Oswald voted in favour of the Duke of Hamilton’s motion. With the help of Rothes' group this was passed and the royal assent given to the Act.
751:) and other sources, Wilkinson emphasises that it was Oswald's grandson not his son that became M.P. for Dysart Burghs in the reign of George II, which is contrary to passing references elsewhere which assume it was his son of the same name.
325:
David Wilkinson, "Oswald, James (d. 1716), of Dunnikier, Fife" in "The History of Parliament: the House of Commons, 1690-1715", Vol.5 "Members O-Z", eds. Eveline Cruickshanks, Stuart Handley, D. W. Hayton"; publ.Cambridge University Press,
883:
237:. but the estate continued to be named Dunnikier. The family lived there until the last of the line, Colonel St Clair Oswald, C.R., died at Dunnikier House on 14th Dec 1938. and his wife, on her death in 1973, was interned at Dunnikier.
168:
Back in Kirkcaldy, Oswald was elected as Provost in 1706–8, 1710–12 and 1714–15. As Provost in 1714, he concurred in the council’s unanimous decision, motivated by ‘true and just principles of loyalty’, to celebrate the coronation of
277:
George Lockhart, "Memoirs Concerning the Affairs of Scotland from Queen Anne's Accession to the Throne, to the Commencement of the Union of the Two Kingdoms of Scotland and England, in May 1707"; publ. J. Baker, London,
217:
Following the death of the Duke of Hamilton, his half brother Abercromby had no hope of retaking Dysart Burghs and Oswald was re-elected on 22 Sept. 1713. But he retired at the next election in 1715 because of his age.
143:
When the proposed union with England came before Parliament, it first considered Article 1 of the treaty of union, namely that the two Kingdoms should on 1 May 1707 be united into one. Before the question was put, the
310:
David Wilkinson, "Dysart Burghs" in "The History of Parliament: the House of Commons, 1690-1715", Vol.2 "Constituencies", eds. Eveline Cruickshanks, Stuart Handley, D. W. Hayton; publ.Cambridge University Press,
444:
Firstly, as he was a member of parliament as an earl, he could not be a candidate so should not vote; secondly, his presence would hinder the freedom of voting; thirdly, he was not qualified as provost in due
306:
Nicholas Tindal (translator and continuation author), "The History of England by Mr.Rapin de Thoyras Continued from the Revolution to the Accession of King George II"; publ. John and Paul Knapton, London,
210:, a great celebration was held in the town. No speech by Oswald in the House of Commons was recorded. In 1711 he partook in the drafting of a bill to regulate the Scottish linen industry. He voted against
267:
Joseph Foster, "Members of Parliament, Scotland, Including the Minor Barons, the Commissioners for the Shires and the Commissioners for the Burghs, 1357-1882"; print. by Hazell, Watson and Viney, London,
95:
But on 5 October Henry Oswald was elected provost in place of the Earl of Leven and a week later the council voted to send Captain Oswald (and advocates) to Edinburgh to claim his seat in Parliament.
863:
72:
Under an Act of Parliament of 1469, burgh members of Parliament were chosen by the town councils, so for the election of 1702 the town council of Kirkcaldy met on 8 September. The member, called "
157:
Elgin, and Andrew Watson of St Andrews set about amending later articles give better terms. All, except Scrymgeour, were nationalists, with Allardyce and Sutherland furthermore being Jacobites.
105:
When the new Parliament first met in May 1703, it placed Kirkcaldy on a list of contested elections and thus the contest went to the Committee for Controverted Elections. With the aid of the
868:
274:
House of Commons, "Report from the select committee to whom the several petitions from the Royal Burghs of Scotland were referred"; publ. House of Commons, Westminster, 14–15 June 1821.
186:
4 burghs. In 1710, the first M.P. for Dysart burghs was found not qualified and James Abercromby, the illegitimate half-brother of the Duke of Hamilton, was elected at a by-election.
264:
Keith M. Brown et al.(eds.), "The Records of the Parliaments of Scotland to 1707" (online publication, University of St Andrews, 2007–2009). Website: rps.ac.uk (retrieved July 2020)
572:"Squadrone Volante" in the Oxford Dictionary of National Biography, www.oxforddnb.com/view/10.1093/ref:odnb/9780198614128.001.0001/odnb-9780198614128-e-64145 retrieved July 2020
261:
James Aikman (translator and continuation author), "History of Scotland of George Buchanan and Continuation to the Present Time"; publ. Blackie & Son, Edinburgh, 1856
789:
29:
153:
113:
829:
33:
398:
The Register of the Privy Council of Scotland, ed. Henry Paton, Third Series, Vol. 14 (1689), publ. General Register House, Edinburgh, 1933; pp. 487-489
106:
194:
152:
When Parliament considered Article 3 of the treaty, namely the amalgamation of the parliaments into one, Oswald voted for the resolution of the
281:
Lachlan Macbean, "The Kirkcaldy Burgh Records with the Annals of Kirkcaldy, the town's charter"; publ.The Fifeshire Advertiser, Kirkcaldy,1908.
99:
125:
380:(The ScotlandsPeople website is the official Scottish Government site for searching government records and archives). Retrieved April 2020
128:
arose in 1702-3 to address various grievances against the governing party, but they were divided between those in favour and against the
878:
873:
818:
284:
Edward Porritt, "The Unreformed House of Commons - parliamentary representation before 1832";publ. Cambridge, University Press, 1909.
482:
The Annandale Family Book of the Johnstones, Earls and Marquises of Annandale, by Sir William Fraser, Edinburgh, 1894; vol. 1, p.299
116:. The Privy Council on 15th Sept. 1703 cancelled their previous decision and the burgh officials (Oswald's allies) were reinstated.
40:
245:
In 1715, his son and heir also called James married Ann Durie, daughter of John Durie, Captain Oswald’s ally in Kirkcaldy council.
145:
77:
888:
109:, hereditary sheriff of Fife, Oswald was able to overturn Leven’s influence and on 17 August, he was admitted to Parliament.
293:
Sir Robert Sibbard, "The History, Ancient and Modern, of the Sheriffdoms of Fife and Kinross "; publ. R.Tullis,London, 1803.
838:
834:
504:
The Privy Council agreed with the Earl of Leven that Henry Oswald, John Durie, and Alexander Williamson were not qualified
190:
160:
Oswald missed the final vote ratifying the treaty, by which time Kirkcaldy burgh council called him home to save expense.
248:
He died in 1716. He was succeeded as owner of Dunnikier by his son James Oswald (1685-1725), then by his son also called
214:
when he was unseated on petition on 10 February 1711. On 7 Feb. 1712 he voted in favour of the Scottish toleration bill.
809:
800:
234:
738:
Macbean p.246 - real estate transactions of his son and successor are mentioned in the burgh records in 1722 and 1723
124:
In parliament he allied with the Country party, rather than Rothes' Squadrone group. The Country party led by the
893:
207:
170:
112:
Meanwhile on 15 December 1702, the Earl of Leven's father was replaced as president of the Privy Council, by the
61:
845:
389:
Anglo-Saxons in the Mediterranean, ed. Carmel Vasallo and Michela D’Angelo, publ. Malta Univ.Press, 2007; p.23
129:
771:
695:
The Scottish Nation, by William Anderson, publ. A. Fullarton & Co., Edinburgh, 1863. Article on Oswald
249:
25:
84:. There followed a power struggle between the Earl of Leven and the Oswald family lasting almost a year.
230:
226:
318:
Also online: // www.histparl.ac.uk/volume/1690-1715/constituencies/dysart-burghs (retrieved June 2020)
825:
513:
Also that the pro-Leven councillors could appoint proxies in place of the 3 disqualified councillors.
136:
717:
271:
Michael Fry, "The Union: England, Scotland and the Treaty of 1707"; publ. Birlinn, Edinburgh, 2006
785:
182:
73:
36:
333:
Also online: //www.histparl.ac.uk/volume/1690-1715/member/oswald-james-1716 (retrieved May 2020)
76:", since 1689 had been John Boswell, but Captain James Oswald stood against him. Since 1690 the
748:
458:
203:
64:
to relieve the burden of taxation on Kirkcaldy, because of the decay of trade of the burgh.
233:
arranged for a new mansion to be built in the northern part of the parish of Kirkcaldy, by
92:
Boswell elected, but the majority of the council were recorded as electing Captain Oswald.
81:
857:
296:
D.Szechi, "Jacobitism and Tory Politics 1710-14"; publ. John Donald, Edinburgh, 1984.
211:
252:(1715–69), who like his grandfather became M.P. for Dysart Burghs, in 1741.
52:
884:
Members of the Parliament of Great Britain for Scottish constituencies
377:
193:
came about in the wake of the collapse of the Whig government led by
301:
The Scottish Parliament: its constitution and procedure, 1603–1707
289:
Union of England and Scotland"; publ. Manchester Univ.Press, 1978.
135:
Shortly before Oswald was admitted to Parliament, it passed the
56:
718:
http://www.scottish-places.info/features/featurefirst62808.html
198:
stand, Abercromby withdrew and Oswald was elected unopposed.
749:
https://discovery.nationalarchives.gov.uk/details/c/F17433
459:
https://www.findagrave.com/memorial/199214585/anne-oswald
367:
Wilkinson, "Oswald, James (d. 1716), of Dunnikier, Fife"
716:
Scotland Places website, article on Dunnikier House
628:
626:
51:
He was born in 1650, second son of Thomas Oswald of
550:
548:
546:
363:
361:
359:
357:
355:
353:
351:
349:
869:Burgh Commissioners to the Parliament of Scotland
616:
614:
303:; publ. James MacLehose and Sons, Glasgow, 1905.
864:Members of the Parliament of Scotland 1702–1707
490:
488:
431:
429:
729:The Times newspaper (London)25 Oct 1973, p.38
8:
668:Brown, Records of Parliament 16 January 1707
478:
476:
419:
417:
415:
413:
590:Brown, Records of Parliament 13 August 1703
563:Brown, Records of Parliament 17 August 1703
767:
703:
701:
599:Brown, Records of Parliament 17 July 1704
32:and, later, the Member of Parliament for
747:Quoting the Oswald family manuscripts (
522:Brown, Records of Parliament 6 May 1703
453:
451:
345:
98:However, the Earl of Leven's father,
7:
376:Baptism record (under Oswald, 1650)
378:https://www.scotlandspeople.gov.uk/
641:Thoyras, Vol 3 Book 26, pp.771-772
14:
41:House of Commons of Great Britain
80:had been annually re-elected as
68:Contested Election to Parliament
24:was a Burgh Commissioner of the
457:Memorial in Westminster Abbey
1:
581:Thoyras, Vol 3 Book 26, p.596
810:Parliament of Great Britain
801:Parliament of Great Britain
177:Parliament of Great Britain
910:
707:Glasgow Herald 15 Dec 1938
554:Wilkinson, "Dysart Burghs"
495:Westminster, 1821 pp.79-80
130:1689 revolution settlement
28:, 1703-1707, representing
842:
823:
815:
808:
796:
783:
777:
770:
208:War of Spanish Succession
608:Buchanan, book 22, p.445
100:George, Earl of Melville
772:Parliament of Scotland
650:P. W. J. Riley, p. 334
531:C.S. Terry, p.126, 131
407:Porritt, Vol. 2, p.116
26:Parliament of Scotland
889:People from Kirkcaldy
879:British MPs 1713–1715
874:British MPs 1710–1713
231:James Townsend Oswald
826:Member of Parliament
340:References and Notes
154:Marquis of Annandale
114:Marquis of Annandale
720:Retrieved Sept 2016
461:retrieved June 2020
423:Macbean, pp.218-221
189:Later that year, a
16:Scottish politician
786:Burgh Commissioner
206:, which ended the
183:Acts of Union 1707
164:Burgh of Kirkcaldy
74:burgh commissioner
852:
851:
843:Succeeded by
819:James Abercrombie
797:Succeeded by
632:Lockhart p. 253-4
901:
894:Politics of Fife
816:Preceded by
778:Preceded by
768:
762:
758:
752:
745:
739:
736:
730:
727:
721:
714:
708:
705:
696:
693:
687:
684:
678:
675:
669:
666:
660:
657:
651:
648:
642:
639:
633:
630:
621:
618:
609:
606:
600:
597:
591:
588:
582:
579:
573:
570:
564:
561:
555:
552:
541:
538:
532:
529:
523:
520:
514:
511:
505:
502:
496:
492:
483:
480:
471:
468:
462:
455:
446:
442:
436:
433:
424:
421:
408:
405:
399:
396:
390:
387:
381:
374:
368:
365:
287:P. W. J. Riley,
204:Peace of Utrecht
191:general election
126:Duke of Hamilton
909:
908:
904:
903:
902:
900:
899:
898:
854:
853:
848:
833:
821:
804:
793:
781:
766:
765:
759:
755:
746:
742:
737:
733:
728:
724:
715:
711:
706:
699:
694:
690:
685:
681:
676:
672:
667:
663:
658:
654:
649:
645:
640:
636:
631:
624:
619:
612:
607:
603:
598:
594:
589:
585:
580:
576:
571:
567:
562:
558:
553:
544:
539:
535:
530:
526:
521:
517:
512:
508:
503:
499:
493:
486:
481:
474:
469:
465:
456:
449:
443:
439:
434:
427:
422:
411:
406:
402:
397:
393:
388:
384:
375:
371:
366:
347:
342:
258:
243:
235:Alexander Laing
227:Dunnikier House
224:
179:
166:
137:Act of Security
122:
70:
49:
17:
12:
11:
5:
907:
905:
897:
896:
891:
886:
881:
876:
871:
866:
856:
855:
850:
849:
844:
841:
822:
817:
813:
812:
806:
805:
798:
795:
782:
779:
775:
774:
764:
763:
753:
740:
731:
722:
709:
697:
688:
679:
677:Macbean, p.234
670:
661:
659:Fry,pp.279-280
652:
643:
634:
622:
610:
601:
592:
583:
574:
565:
556:
542:
533:
524:
515:
506:
497:
484:
472:
470:Macbean, p.220
463:
447:
437:
425:
409:
400:
391:
382:
369:
344:
343:
341:
338:
337:
336:
335:
334:
328:
327:
322:
321:
320:
319:
313:
312:
308:
304:
297:
294:
291:
285:
282:
279:
275:
272:
269:
265:
262:
257:
254:
242:
239:
223:
220:
178:
175:
165:
162:
146:Duke of Atholl
121:
118:
107:Earl of Rothes
69:
66:
48:
45:
15:
13:
10:
9:
6:
4:
3:
2:
906:
895:
892:
890:
887:
885:
882:
880:
877:
875:
872:
870:
867:
865:
862:
861:
859:
847:
840:
836:
832:
831:
830:Dysart Burghs
827:
820:
814:
811:
807:
803:
802:
792:
791:
787:
776:
773:
769:
757:
754:
750:
744:
741:
735:
732:
726:
723:
719:
713:
710:
704:
702:
698:
692:
689:
683:
680:
674:
671:
665:
662:
656:
653:
647:
644:
638:
635:
629:
627:
623:
620:Tindal, p.771
617:
615:
611:
605:
602:
596:
593:
587:
584:
578:
575:
569:
566:
560:
557:
551:
549:
547:
543:
540:Sibbard p.239
537:
534:
528:
525:
519:
516:
510:
507:
501:
498:
491:
489:
485:
479:
477:
473:
467:
464:
460:
454:
452:
448:
441:
438:
435:Macbean, p.62
432:
430:
426:
420:
418:
416:
414:
410:
404:
401:
395:
392:
386:
383:
379:
373:
370:
364:
362:
360:
358:
356:
354:
352:
350:
346:
339:
332:
331:
330:
329:
324:
323:
317:
316:
315:
314:
309:
305:
302:
299:C. S. Terry,
298:
295:
292:
290:
286:
283:
280:
276:
273:
270:
266:
263:
260:
259:
255:
253:
251:
246:
240:
238:
236:
232:
228:
221:
219:
215:
213:
209:
205:
199:
196:
192:
187:
184:
176:
174:
172:
163:
161:
158:
155:
150:
147:
141:
138:
133:
131:
127:
119:
117:
115:
110:
108:
103:
101:
96:
93:
89:
85:
83:
79:
78:Earl of Leven
75:
67:
65:
63:
62:Privy Council
58:
54:
46:
44:
42:
38:
35:
31:
27:
23:
19:
846:William Kerr
824:
799:
784:
780:John Boswell
756:
743:
734:
725:
712:
691:
686:Macbean p.53
682:
673:
664:
655:
646:
637:
604:
595:
586:
577:
568:
559:
536:
527:
518:
509:
500:
466:
440:
403:
394:
385:
372:
300:
288:
256:Bibliography
250:James Oswald
247:
244:
225:
216:
212:Mungo Graham
200:
188:
180:
167:
159:
151:
142:
134:
123:
111:
104:
97:
94:
90:
86:
71:
50:
22:James Oswald
21:
20:
18:
858:Categories
794:1702–1707
761:Kirkcaldy.
241:Later life
149:34 votes.
120:Parliament
47:Early life
790:Kirkcaldy
222:Dunnikier
195:Godolphin
53:Kirkcaldy
30:Kirkcaldy
171:George I
181:By the
82:provost
39:in the
37:Burghs
34:Dysart
445:time.
326:2002;
311:2002;
268:1882.
839:1715
835:1710
828:for
788:for
307:1745
278:1714
57:Fife
55:in
860::
700:^
625:^
613:^
545:^
487:^
475:^
450:^
428:^
412:^
348:^
173:.
132:.
43:.
837:–
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