Decreet, 10 April 1705, Edinburgh

Act, 12 March 1705, Edinburgh

Att Edinburgh the Tenth day of Apryll 1705 Councill extraordinary

A1705/4/111

Decreet

Interloquitor anent Captain Green

Letter from the Queens Majestie to the Councill In answer to ther Lordships letter to her Majestie of the date the 28th March Last bypast, being read was ordered to be recorded, and a petition being presented and given in to ther Lordships by Captain Thomas Green, Captain John Mader, James Simpsone, Andrew Robiesone, George Kitchine, James Browne, George Glen, Henry Geigle, and George Taylor, And the Samen with ane attested double and coppie of ane Affidavid emitted and given by Israell Phippenny, and Peter Freeland at the burgh of Portsmouth in England being all read in ther presence and after reasoning and debate theron, It went to the vote, Grant to the petitioners a repryve for a short2 day in the nixt week till ther may be a full Councell or not, And the Rolls being called, And the votes marked ther was three of the Councell for granting a repryve, And other three not, all the rest present as marked in the Sederunt being either non Liquid or refuseing to vote, It came to the Lord Chancellors casting vote his lordship declaired he was willing to give his vote and Signe the repryve, If he knew that a Quorum of ther lordships would Signe the Same, without which the order of Councell for a repryve, would be ineffectuall, And accordingly ther lordships being asked on by one If they would Signe the Said repryve, And all of them declyned, except three besyds those who voted repryve, And the Lord Chancellor who made but Sevine, And so not a Sufficient Quorum for Syneing a valide repryve, wherfor the prisoners wer Left to the Course of Justice upon expyreing of the former repryve.

At Edinburgh 10 April 1705. Council extraordinary

A1705/4/111

Decreet

Interlocutor concerning Captain Green

Letter from the queen’s majesty to the council in answer to their lordships’ letter to her majesty of the date 28 March last by past, being read was ordered to be recorded, and a petition being presented and given in to their lordships by Captain Thomas Green, Captain John Mader, James Simpson, Andrew Robieson, George Kitchin, James Brown, George Glen, Henry Geigle, and George Taylor, and the same with an attested double and copy of an affidavit emitted and given by Israel Phippenny and Peter Freeland at the burgh of Portsmouth in England being all read in their presence, and after reasoning and debate thereon, it went to the vote, grant to the petitioners a reprieve for a short day in the next week until their may be a full council, or not. And the rolls being called, and the votes marked, there were three of the council for granting a reprieve, and [an] other three not, all the rest present as marked in the sederunt being either non liquid or refusing to vote, it came to [James Ogilvie, early Seafield] [the] lord chancellor’s casting vote, his lordship declared he was willing to give his vote and sign the reprieve, if he knew that a quorum of their lordships would sign the same, without which the order of council for a reprieve would be ineffectual. And accordingly their lordships being asked one by one if they would sign the said reprieve, and all of them declined, except three besides those who voted reprieve, and the lord chancellor who made but seven, and so not a sufficient quorum for signing a valid reprieve, therefore the prisoners were left to the course of justice upon expiring of the former reprieve.

1. NRS, PC1/53, 385-6.

2. An illegible word scored out here.

1. NRS, PC1/53, 385-6.

2. An illegible word scored out here.