Act, 12 March 1705, Edinburgh

[28 March 1705] Eodem die post meridiem

A1705/3/34

A1705/3/34¹

Letter: royal

Letter to the Queen anent Captain Green etc

Letter from the Councill to the Queens Majestie Anent Captain Green and his men Read, voted and approven, and ordered to be recorded, and transmitted to her Majestie by a flying packet, wherof the tenor follows.
May it please your Majestie
It hath been Signified to ws by my Lord Chancellor that he hath a letter from the Duke of Argyle, which he produced and was read at the Board, Bearing that your Majestie had ordered all the papers Relateing to Captain Green and his Crews tryall, Should be sent wp to yor Majestie, And that whatever the Sentence of the Judges be, It Should not be putt in execution till yor Majesties pleasure be made knowen to yor privie Councill: Your Majestie may be most assured that all yor Commands are and Shall be ever very Sacred to ws, And that wee are fully Satisfied, and lykewayes most tender of yor Majesties prerogative in matters of this nature, But your Majestie may be pleased to know that after Sentence was pronounced by the Court of Admiralitie assisted by assessors appoynted by your Councill both against the Scots and English concerned, The Same have been Since confirmed by the confessions first of Thomas Lintsteed Englishman one of the Criminalls who hath freely confessed wnder his hand touching Greens engageing with the Shipe Seased, and his Selling the Same, which fully aggrees with what had been deposed in the proces, And then of George Haynes Englishman, and also condemned, who hath emitted Such a full and clear confession of pirracie, robberie and murder charged in Captain Greens indytment that ther remains no place for doubt, And that the said pirracie, robberie and murder wes committed wpon Captain Drummond and his Shipe Sent out by the Affrican Company of this kingdome, As ther confessions testifie, And farder wee have good reasone to think that if the forsaid Letter had not come So Soon, Severalls of the persons guiltie would betwixt and the day of execution, which is the fourth of Apryll have confessed als freely, and confirmed yet more fully all the procedure against them, But to take the matter as it now is, wee have for your Majesties Satisfaction caused transmitt ane abstract of the wholl proces viz of the Indytement and Informations on both Syds, And of the Judges Interloquitor upon the relivancie, and of the depositions and evidences taken in Court, and of the verdict of the Jurie, and Sentence of the Judges past theron, And also the above mentioned confessions And because of the deep concerne of this nation in this affair, wee must in all humble duty advyse and intreat your Majestie that no remission or repryve may be granted to any of the persons condemned, save as they shall be recommended wpon their ingenuitie, and other considerations be your Majesties Privie Councill, And that your gracious pleasure herin under your own Royall hand, may be Signified to ws alse soon as possible, In the mean tyme wee have granted no repryve, Save to the Said Lintsteed and Haynes, waiting for your further pleasure betwixt and the forsaid day, For wee may again assure your Majesties interest and Service, And the necessary Satisfaction of all your people, As for the said Lintsteed and Haynes wee have thought fitt on the consideration of ther abovementioned confessions to grant them a repryve to the fyfteinth of May nixt, And to recommend Lintsteed to your Majesties favour for a Remission, The remission for Haynes being already sent down, wee are in all duty, May it please your Majestie, Your Majesties most loyall, most humble, most faithfull and obedient Subjects and Servants Sic Subscribitur Seafeild Cancellar. Tweedale P. Rothes p.s. Montrose Roxburgh. Buchan. Lauderdale Roseberrie. Yester. James Steuart. George Baillie. Robert Dundas William Anstruther, James Falconer. F Montgomrie.