Act, 20 February 1705, Edinburgh

Act, 12 March 1705, Edinburgh

Att Edinburgh the Twentieth day of February Jaj vijc and fyve years

A1705/2/231

Act

Act Appoynting Captain Greens papers to be delivered to the Clerk of the Admiralitie

Anent the petition given in and presented to the Lords of her Majesties Privie Counsell By Captain Thomas Green Commander of the Shipe Worchester, Captain John Madder, and remanent officers aboard the said shipe, Shewing That they might be the better enabled to exculpat and defend themselves In the Criminall proces Indyted against them befor the Judges of the high Court of Admiralitie, Craveing the saids Lords to grant warrand to the Clerks of Councill, to transmitt into the office of the high Court of Admiralitie, The Seall with a lignum vitae handle, which is pretended to be that of the Scots Affrican and Indian Company; And lykwayes to grant warrand for delyvering to them their Journalls, Commissions, orders, and other wrytts which wer by a Committie of the Saids Lords brought from their Shipe the Worchester, And are in the keeping either2 of the Committie, or the saids Lords ther Clerks, which wrytts the petitioners wer told by their Lauyers, wer absolutely necessary for ther defence, As also that the Saids Lords might be pleased to order that two of ther Company prisoners att Leith, And the four which wer in the Cannongat might be transmitted to the Tollbooth of Edinburgh, that ther Lawyers might have easie access, and Speak with the wholl Company together, as the said petition bears; The Lords of her Majesties Privie Counsell haveing considered the within Petition given in to them by Captain Thomas Green Comander of the Shipe the Worchester, Captain John Madder chiefe Mate, and remanent officers of the said Shipe and the Samen being read in ther presence, The Saids Lords Doe heirby Recommend to the Earle of Levine to delyver the haill wrytts and papers in his Custody belonging to the petitioners, with the Seall that hes ane lignum vites handle, Into the Clerks of Councill to be by them putt in the hands of the Clerk of the high Court of Admiralitie, And to Sir James Steuart her Majesties Advocat also to putt Such of the wrytts and papers as are in his Custodie in the hands of the said Clerk of the high Court of Admirality And appoynts and Ordains Roderick Mckenzie Clerk to the Affrican Company to delyver what books, papers, wrytts and others he hes in his custody belonging to the petitioners To the Said Clerk of the high Court of Admirality, to the effect the petitioners may have the inspection and use therof in ther tryall for pyrracie and other crymes befor the high Court of Admirality.

At Edinburgh 20 February 1705

A1705/2/231

Act

Act appointing Captain Green’s papers to be delivered to the clerk of the admiralty

Concerning the petition given in and presented to the lords of her majesty’s privy council by Captain Thomas Green, commander of the ship Worcester, Captain John Madder, and remnant officers aboard the said ship, showing that they might be the better enabled to exculpate and defend themselves in the criminal process indicted against them before the judges of the high court of admiralty, craving the said lords to grant warrant to the clerks of council, to transmit into the office of the high court of admiralty, the seal with a lignum vitae handle, which is pretended to be that of the Scots African and Indian Company. And likewise to grant warrant for delivering to them their journals, commissions, orders, and other writs which were by a committee of the said lords brought from their ship the Worcester, and are in the keeping either of the committee, or the said lords their clerks, which writs the petitioners were told by their lawyers were absolutely necessary for their defence, As also that the said lords might be pleased to order that two of their company, prisoners at Leith, and the four which were in the Canongate might be transmitted to the tolbooth of Edinburgh, that their lawyers might have easy access, and speak with the whole company together, as the said petition bears. The lords of her majesty’s privy council having considered the within petition given in to them by Captain Thomas Green, commander of the ship the Worcester, Captain John Madder, chief mate, and remnant officers of the said ship, and the same being read in their presence, the said lords do hereby recommend to [David Leslie] earl of Leven to deliver the whole writs and papers in his custody belonging to the petitioners, with the seal that has a lignum vitae handle, into the clerks of council, to be by them put in the hands of the clerk of the high court of admiralty. And to Sir James Stewart, her majesty’s advocate, also to put such of the writs and papers as are in his custody in the hands of the said clerk of the high court of admiralty. And appoint and ordain Roderick Mackenzie, clerk to the African Company, to deliver what books, papers, writs, and others he has in his custody belonging to the petitioners to the said clerk of the high court of admiralty, to the effect the petitioners may have the inspection and use thereof in their trial for piracy and other crimes before the high court of admiralty.

1. NRS, PC1/53, 361-2.

2. Insertion.

1. NRS, PC1/53, 361-2.