Scottish Privy Council Records

Att Edinburgh the second day of January J^aj vij^c and five years

A1705/1/2¹

Procedure

[Committee anent and search of The Worcester]

The Lords of Her Majesties privie Councill Haveing upon the Twenty one day of December J^aj vij^c and four years Considered the Declaration’s in writing made and Emitted by some of the Crew belonging to the shipe from the East Indies Called the Worchester Captain Thomas Green Commander, And the verball accknowledgements and Informations given by others of the said Crew, Concerning pirracie and Murder committed at sea by the said Captain and Crew. Find it necessary for the more full discovery and clearing of the saids Crimes, That search be made and inspection taken of the haill Cargo and Loadning aboard the forsaid shipe Therefore The saids Lords of Her Majesties privie Councill Have Nominated and Appointed and heirby Nominats and Appoints The Marques of Annandale Lord president of privie Councill, The Earle of Rothes Lord privie Seall. With the Earls of Mar, Haddintoun and Roseberry, The Lord Yester, and John Cockburne of Ormistoun younger To be a Committee of their oun number and any four of them as a Quorum. To goe aboard the said shipe the Worchester for present lying in the harbour of Bruntisland And there cause open the Hatches of the said shipe and search and examine the whole loadning and Cargo aboard of Her, and all writes and other Documents whatsomever That shall be found aboard the said shipe. And for the better effectuating thereof, To make open Chests, Cabinets, Screwtor’s and other Lockfast loomes whatsomever, And if need bees To make of Her Majesties kies for that end. With power also to them or their said quorum To cause unload the whole Cargo from aboard the said shipe if they think needfull And cause secure and lay up the same in a Warehouse to be safelie keept or to cause reload the said Cargo againe aboard the said shipe according as they should Judge expedient, And to call for Magistrats Master’s of shipp’s and seamen. With porters and other persons and servants necessar for the more orderly and speedie dispatching the premisses And Generallie with power to doe every other thing needfull or expedient for discovering of the Crimes abovementioned And Appointed these presents to be Intimat to the said Captain Thomas Green or Peter Steuart Merchant his factor That they may send such persons one or more as they shall think fitt To attend the said Committee and see that there be noe Imbazlement by servants and others who shall be imployed in opening up or imploying of the Cargo transporting the same to a Warehouse or reloading thereof With power also to the said Committee or their Quorum To call for ane sufficient partie of souldiers duely Commanded for secureing the safe transporting of the saids goods from aboard the said shipe, and prevent the Imbazleing thereof And also The saids Lords Did thereby Appoint Intimation thereof to be made to the Affrican Company That they may send such persons as they think fitt to be present for their interest at the Execution of the premisses Sic Subscribitur Tweeddale Cancelar Annandale P; Mar, Hadinton Loudoun Leven, Dunmore, Roseberie, James Steuart George Baillie F Montgomerie John Home John Cockburne Pattrick Johnston. Thereafter and In obediance to which appointment The said Committee haveing mett They proceeded in the matter above remitted to them As in the Report of the said Committee duely subscryved Lying in the Clerks of Councill their hands at length is contained And of which Report the Tennor followes. Att Bruntisland The Twenty Thrid day of December J^aj vij^c and four years. The Committee of the Councill appointed to take inspection of the Cargo aboard The East India shipe the Worchester By appointment of the Lords of Her Majesties privie Councill of the date The Twenty first day of the said moneth Viz The Marques of Annandale Lord president of privie Councill The Earle of Rothes Lord privie seall, The Earles of Mar, Haddinton and Roseberry, The Lord Yester, and John Cockburne of Ormistoun younger Being mett upon the said day did and at the said place for makeing Discoverie and tryall of what should appear from the said Cargo of Captain Thomas Green Commander of the said shipe and his Crew their being guilty of the Crimes of pirracie and murder. The saids Lords Did call before them George Hain’s on of the said Crew. And haveing examined him what he knew in the said matter, And finding that he made no full and free confession, Nor owned some things that he had formerly accknowledged. Therefore The saids Lords committed him prisoner to his Chamber in Baillie Anderson his house to be keeped under Centinells till he should be furder examined And haveing againe examined him in the Evening of the said Twenty thrid day, And receaveing no furder satisfaction from him he was continued prisoner as before. Eodem Die Aboard the ship the Worchester. The Committee haveing made a List of the persons fitt and necessary to be aboard the said shipe When the Cargo Cabinets and Chests aboard the same were searched, To the effect if necessary their oaths might be taken about any Imbazlement that should be alleadged to happen dureing the search of the said shipe. The saids Lords Did thereafter proceed to search and they before opening any Cabinet, Chist Scrutore or other Lockfast Loome appointed the Directors of the Affrican Company and Gilbert and Patrick Steuarts merchants in Edinburgh, Who appeared for Captain Green his owners and Crew with […] Anderson Baillie of Bruntisland, To view and Examine the seals formerly put on be them and the said Baillie Anderson of Bruntisland, Which they haveing done, Did report that the seals were haill and Intire According as they had fixed the same. Whereupon The saids Lords Did begin with the search of a Chist of Drawes In which they found nothing save lining wearing cloaths and China wair. In the nixt place they caused open a Cabinet belonging to Robert Callant super Cargo of the said shipe now deceased, And Lykewayes haveing opened and searched two Jappaned Cabinets belonging to Captain Thomas Green, And also haveing opened a wryting desk, They found severall missive Letters wryten books and other papers therin, all which they saw carefully taken out and packed up in a Little Chist which was nailed fast in their presence and put into the hands² and Custody of Robert Bannatyne macer of privie Councill to be transported to Edinburgh, That there the saids Letters books and other wryts might be fully perused and examined at more leasure which was accordingly done. Ittem Thereafter the saids Lords Caused open a great Chise betuixt the steeradge and Cabine and finding nothing therin But Calligo, Musline and some hard wair They proceeded to cause open and search several sea Chists betuixt Decks belonging to the said shipes Crew, And finding only seamen’s cloaths therin, They caused seall up the saids whole chists and other Lockfast looms opened by a Carpenter upon their order, with the seals of the saids Directors of the Affrican Company and Gilbert and Peter Steuarts and Baillie Anderson above named that nothing therin might be imbazled. And adjourned their meetting till Thursday nixt Bruntisland the Twenty sixth of December J^aj vij^c and four years. The Committee of privie Councill Sederunt as above, Finding it necessary for the Discharge of the trust reposed upon them by the privie Councill That the Worchester should be unloaded Did unanimously aggree That they should proceed to see her Cargo beguin to be unloaded to morrow. In regaird that haveing examined masters of ships skippers and others, and spoken with the saids Directors and Master Steuarts. They found that the shipe and Cargo, Could not be safely transported nor got into the harbour of Leith without livering the same. The saids Lords for the most easie livering of the said Cargo and secureing thereof when livered, Haveing called before them Patrick Steuart factor for the Captain and owners of the said shipe and Cargo. And he compearing before them, And accknowledgeing that he was intrusted by the said Captain and owners in what concerned the said shipe and Cargo. The saids Lords proposed to him, That he should cause provyde Barks and boats duely sailed by able seamen, And have the samen ready by the sids of the said shipe upon the Twenty seventh Instant by Ten of the cloak for receaveing aboard of the said Barks and Boats, the Cargo of the said shipe, and transporting the samen to Leith where he was to have a warehouse ready for receaveing the same And being answerable for the safe custody thereof, Which proposall made by the saids Lords being declyned by the said Patrick Steuart, and he shewing himselfe altogether averse either to provyde boats for livering the said Cargo and transporting the same to Leith, or to provyde a ware house and to secure the same when laid up there, or to Joyn with the Affrican Company in doeing therof The saids Lords of the Committee Haveing called Sir Francis Scot and Baillie William Neilson Directors of the Affrican Company appointed them to have Barks and boats sufficiently sailed lying by the said shipe against to morrow the Twenty seventh Instance at Ten of the Cloak in the foirnoon To receave in the Cargo from the East India Shipe the Worchester and transport the same to Leith, and to lay up the same there in the ware house belonging to the Affrican Company. And Appoints and Ordain’s The said Patrick Steuart to attend and the Directors forsaid each of them To make ane exact Inventar of the said Cargo, As the samen shall be livered from the said shipe the Worchester and to seall with boeth their sealls every pack ball or bundle of the saids goods, and every Chist Cask or Matt wherein the samen are put up or Contained, And each of them to send a person whom they will trust along with each Bark or boat wherein the saids goods shall be loaden to Leith, And there to see the goods sufficiently laid up in the warehouse abovementioned Conforme to the said List, and after layeing up thereof, that the saids persons so intrusted Doe immediatly cause secure all the entries to the said Warehouse by ther oun sealls and the seals of the Magistrat of Leith, and by three locks upon the door, Whereof one of the keyes to be delyvered to the person intrusted by the said Patrick Steuart for the use of the Captain and his owners and another of the saids keyes To be delyvered to the person intrusted for the Directors of the Affrican Company for their behoove, And a Thrid to be left in the hands of the Magistrat of Leith And for the furder secureing of the said Warehouse And Lykewayes the Committee Ordaine James Nairn Baillie of Leith to see the said Cargo livered from aboard the respective Boats or Barks and safely laid up in the said Warehouse without Imbazleing by any Croud or Rable Adjourned till to morrow the Twenty seventh Instant aboard the shipe the Worchester. Aboard the shipe the Worchester the Twenty seventh of December J^aj vij^c and four years Sederunt of the Lords of the Committee as before. The Lords of the Committee haveing view’d the sealls put upon the Hatches by the Affrican Company. Master Steuart for Captain Green and the foirnamed Baillie Anderson found the same entire and haveing caused revise the List of the persons on board. They for the reasons before mentioned Caused add to the said List such other persons as were necessary besides these contained in the former day’s List Thereafter as the saids Lords were about to cause open the Hatche’s of the said shipe, Compeared the abovenamed Patrick Steuart merchant and Craved liberty of their Lordships To enter his protestation And being allowed he made his protestation as followes. That since the Committee had ordained him to be present at the unloading of the said shipe the Worchester, He hoped that they would allow him to protest, That the owners and fraughters and Captain Green if Innocent may be free of all risque Coast skaith Damnage and Expenses that may follow upon the unloading As also that any Inventary now made of Cargo shall not prejudge the owners in their recourse against Mr Roderick McKenzie and the Affrican Company and all others concerned for what more may be found to have been aboard the tyme of seazeing of the said shipe by them; Whereupon the said Patrick Steuart took Instruments in the hands of Sir Gilbert Eliot Clerk to Her Majesties privie Councill, Which protestation being admitted by the saids Lords, and the said Mr Roderick McKenzie allowed to make his answer. He for himselfe and in name of the said Affrican Company his Constituents and all others whatsomever concerned with him in seazeing and unloading the said shipe, answered and Counter protested That the sealls boeth of the said Company and Magistrats of Bruntisland which were put upon the hatches, Lazaretta Gun roome and all other keepings on board the said shipe In presence of severall persons of Captain Greens own Crew (as would appear by Instruments formerly taken thereupon) were now whole and enteir before opening thereof By order and in presence of the Right Honourable Committee of privie Councill, As their Lordships and all others present saw and protested. Lykewayes that the unloading of the shipe being by order of the said privie Councill and Committee Neither he nor his Constituents nor any other concerned with or for him may in any event whatsomever may be other wayes answerable, then in so far as they take burden upon themselves, and in proportion to the trust reposed in them by the said Committee, and only for the numbers and quantites of such goods as shall be put in to their custody or committed to their care But not for the sufficiencie of their severall qualities. The said Master Roderick McKenzie haveing ground to belive from the condition of the shipe and the Declarations of seaverall skippers who visited the same that the Cargo must have been much damnified already and protested further that the Cargo and goods now to be unloaded should be lyable for all the Charges and Expenses given out by him or his Constituents for preserving unloading and keeping of the said shipe and Cargo untill the event of the debate Concerning the same And therupon the said Mr McKenzie took Instruments in the hands of the said Sir Gilbert Eliot. Whereupon the saids Lords Caused open the hatches and saw livered from aboard the said shipe and loaded on board a Bark belonging to Thomas Bakers, To be transported to Leith and laid up in the above mentioned warehouse The Number of One Hundered and Eight Bundles of Kanes Called, Rattanes and One Hundered and Twenty bundles of Kanes Called Jambes and Twenty Bundles of small Kanes Called Dragons blood Together alse with One Hundered and Twenty nyn Bales and bundles in matts with Two large Cask of Rice and a Chist of China all marked by order of the saids Lords from number first To One Hundered and Threttie two And appointed the said Sir Gilbert Eliot To wryt to James Nairn Baillie of Leith to see the goods livered from aboard the said Thomas Bakers his bark, the forsaid haill goods Conforme to the forsaid Inventar, and laid up in the Warehouse accordingly The saids Lords of the Committee finding noe more could be livered this day caused againe seall up the hatches with the sealls of the said Affrican Company, Patrick Steuart, and Baillie Anderson, And appointed Barks and boats To be ready against to morrow morning early for livering the rest of the saids goods livered from the said shipe and loaded on board the said Bark made up by the persons intrusted by the Affrican Company, Patrick Steuart and the Clerk of Councill, And finding them to aggree. They adjourned their meetting till to morrow morning aboard the shipe the Twenty Eight Instant, And aggreed that two of their number should be aboard the shipe by four aclock in the morning. Aboard the said shipe the Worchester the Twenty Eight of December J^aj vij^c and four years at four a clock in the morning The seals upon the said Hatches being this day opened The Lords proceeded to see the Cargo unloaded, and accordingly there was livered from the said shipe and loaded aboard the bark called the Flisk, Thomas Wallace skipper The number of One Hundered seventy nyn bales of matted goods all marked by order forsaid from number One Hundered and Thirtie two, to number Thrie Hundered and Eleven fiftie four bundles of great Kanes called Jambees, Two bundles of lesser kanes Called Dragons blood and Thirteen bundles of small kanes Called Rattanes. Which goods being the full loading of the said Bark, The hatches thereof were sealled up, and one person intrusted by Patrick Steuart, and another intrusted by the Affrican Company sent aboard with ane order from the Committee under the hand of their Clerk, direct to the said Baillie Nairn for seeing the goods safely livered from aboard the said bark and laid up in the above mentioned warehouse In manner above directed. Thereafter the saids Lords finding necessary to liver pairt of the pepper aboard the said vessell For the more orderly livering the bale goods from aboard the said shipe Did cause saw a Hoogshead asunder in the midle to be the measure of unloading the pepper And accordingly the Bark sailled by William Crockat skipper being brought to the side of the said shipe, There was pairt of the pepper loaded aboard of her that night upon the Twenty Eight instant, And the Hatches sealled up by the sealls as above boeth of the said shipe and Bark And the Inventars of the goods unloaded made by the Three seaveral persons abovementioned being compared and found to aggree. The Lords adjourned their meetting untill Fryday the Twenty Nynth instant. And aggreed that other two of their number should be aboard the said shipe at four or five in the morning as the tide requyred. Aboard the said shipe the Worchester the Twenty Nynth of December J^aj vij^c and four years. At five aclock in the morning. The Lords haveing seen the sealls boeth of the shipe and Bark put on yisternight intire Caused open the same and proceeded to furder livering the pepper and other goods from aboard the said shipe, And for compleating the loadning of the said Bark sailed by William Crockhet, there was shipped aboard her The number of Two Hundered and Nyntie give halfe hoogsheads of pepper, seventie five long and round bales of goods in Matts marked from number Three Hundered and Eleven To number Three Hundered and Eightie six and five bundles of kanes Called Rattans which makeing up her full loadning Her hatches were sealled, and persons intrusted by the Affrican Company and Master Steuart sent abroad with ane order to Baillie James Nairn to see the same livered all in manner abovementioned. Thereafter the Bark called the Margaret of Alloa being brought to the side of the shipe, there was loaded aboard her of the said Cargo Fourtie peices of Reidwood four bundles of kanes Called Dragoons blood Thirty bundles of great Canes Called Jambes with Twenty Six bales round and long in Matts with a large Chist marked from number Three hundered and Eightie six to number four hundered and Thirteen, And the tide alloweing no more to be livered that night The hatches of the said shipe and Bark were sealled by the persons above mentioned. And the Lords adjourned their meeting to the Thirtieth instant aboard the said shipe, And aggreed that two of their number should be therby five in the morning. After the Lords were come ashoar They aggreed that the Earle of Roseberry and John Cookburne of Ormistoun should goe to Baillie Anderson’s house where George Hames stayed and examine him anent the Cargo and the several Bales thereof that wanted mark and number and what other points they thought fitt, which they haveing done and reported to the rest of the Committee, that they had receaved little or no satisfaction from him, He was appointed by the Committee to be carried back prisoner and committed to the Cannongate Tolbooth upon the Information signed by Mr Roderick Mckenzie and others and ane order delyvered to Captaine John Murray for that effect accordingly. Aboard the said shipe the Worchester the Thirtie day of December J^aj vij^c and four years at five aclock in the morning The seals upon the Hatches boeth of shipe and Bark being viewed and found intire. The samen were opened, And for compleating the loadning of the said Bark the Margaret of Alloa Matthew Panton master, there was livered from aboard the said shipe the Worchester and loaded aboard the said Bark, The number of Two Hundered and Sixtie halfe hogsheads of pepper, And the Lords haveing seen the Three seaveral Lists of the goods unloaded made up by the persons above named, And finding the samen to aggree They caused seall up the hatches of the said Bark by the seals of the said Mr Roderick Mckenzie for the Affrican Company and Patrick Steuart, And two persons being sent aboard the said Bark by them with ane order to Baillie Nairn to see the goods livered in manner forsaid. The Lords proceeded to cause seall up the hatches of the shipe, with the seals of the said Mr Roderick Mckenzie for the Affrican Company, and Patrick Steuart for Captain Green and his owners, and Baillie Anderson the Magistrat of Bruntisland. Att sealling whereof Compeared the said Mr Roderick Mckenzie, and protested that the Bales of goods in General and particular, and particularly the Cassia Lignum, Ginger and Druggs As also considerable quantities of pepper it selfe more quyt damnified, much of it rotten and good for nothing as was evedently seen by the Noble Lords of the Committee the said Patrick Steuart and all other persons present, And for which nether he nor any other of the persons a[bove]mentioned would be lyable, And Did thereupon take Instruments in the hands of Sir Gilbert Eliot Clerk to the said Committee Then the Lords adjourned their meeting untill they had made report to the Lords of Her Majesties privie Councill of the progress they hade made in the said affair. Thereafter the Lords of Her Majesties privie Councill Haveing upon the day and date of thir presents. Considered the above Report of the Committee of privie Councill, appointed to take inspection of the Cargo aboard the East India shipe the Worchester Lying in the harbour of Bruntisland, Captain Green Commander Consisting of the above seven pages, And the samen being read in presence of the Lords of Her Majesties privie Councill. They have approven and heirby Approve thereof, and of the exactnes of the Committee therein.

At Edinburgh, 2 January 1705

A1705/1/2¹

Procedure

[Committee concerning and search of the Worcester]

The lords of her majesty’s privy council having upon 21 December 1704 considered the declarations in writing made and emitted by some of the crew belonging to the ship from the East Indies called the Worcester, captain Thomas Green commander, and the verbal acknowledgements and information given by others of the said crew, concerning piracy and murder committed at sea by the said captain and crew, find it necessary for the more full discovery and clearing of the said crimes, that search be made and inspection taken of the whole cargo and loading aboard the foresaid ship. Therefore The said lords of her majesty’s privy council have nominated and appointed and hereby nominates and appoints [William Johnston] marquis of Annandale, lord president of privy council, [John Leslie] earl of Rothes, lord privy seal, with [John Erskine] earl of Mar, [Thomas Hamilton] earl of Haddington, and [Archibald Primrose] earl of Roseberry, [Charles Hay] Lord Yester, and John Cockburn of Ormiston younger, to be a committee of their own number, and any four of them as a quorum, to go aboard the said ship the Worcester, for present lying in the harbour of Burntisland. And there cause open the hatches of the said ship and search and examine the whole loading and cargo aboard of her, and all writs and other documents whatsoever that shall be found aboard the said ship. And for the better effectuating thereof, to make open chests, cabinets, writing desks, and other locked furniture whatsoever. And if needs be to force entry for that end. With power also to them or their said quorum to cause unload the whole cargo from aboard the said ship if they think necessary, and cause secure and lay up the same in a warehouse to be safely kept, or to cause reload the said cargo again aboard the said ship according as they should judge expedient. And to call for magistrates, masters of ships and seamen, with porters and other persons and servants necessary for the more orderly and speedy dispatching the premises. And generally with power to do every other thing necessary or expedient for discovering of the crimes abovementioned. And appointed these present to be intimated to the said Captain Thomas Green or Peter Stewart, merchant, his factor, that they may send such persons one or more as they shall think fit to attend the said committee and see that there be no embezzlement by servants and others who shall be employed in opening up or employing of the cargo, transporting the same to a warehouse, or reloading thereof. With power also to the said committee or their quorum to call for a sufficient party of soldiers duly commanded for securing the safe transporting of the said goods from aboard the said ship, and prevent the embezzling thereof. And also the said lords did thereby appoint intimation thereof to be made to the African Company that they may send such persons as they think fit to be present for their interest at the execution of the premisses Sic Subscribitur Tweeddale chancellor; Annandale president; Mar; Haddington; Loudoun; Leven; Dunmore; Roseberry; James Stewart; George Baillie; Francis Montgomerie; John Home; John Cockburn; Patrick Johnston. Thereafter and in obedience to which appointment, the said committee having met they proceeded in the matter above remitted to them as in the report of the said committee duly subscribed lying in the clerks of council their hands at length is contained, and of which report the tenor follows. At Burntisland 23 December 1704. The committee of the council appointed to take inspection of the cargo aboard the East India ship the Worcester, by appointment of the lords of her majesty’s privy council of the date 21 December viz [William Johnston] marquis of Annandale, lord president of privy council, [John Leslie] earl of Rothes, lord privy seal, [John Erskine] earl of Mar, [Thomas Hamilton] earl of Haddington, [Archibald Primrose] earl of Roseberry, [Charles Hay] Lord Yester, and John Cockburn of Ormiston younger being met upon the said day did and at the said place for making discovery and trial of what should appear from the said cargo of Captain Thomas Green, commander of the said ship and his crew their being guilty of the crimes of piracy and murder. The said lords did call before them George Hains on of the said crew. And having examined him what he knew in the said matter, and finding that he made no full and free confession, nor owned some things that he had formerly acknowledged, therefore the said lords committed him prisoner to his chamber in Bailie Anderson his house to be kept under sentinels until he should be further examined. And having again examined him in the evening of the said twenty-third day, And receiving no further satisfaction from him, he was continued prisoner as before. The same day aboard the ship the Worcester. The committee having made a list of the persons fit and necessary to be aboard the said ship when the cargo, cabinets, and chests aboard the same were searched, to the effect if necessary their oaths might be taken about any embezzlement that should be alleged to happen during the search of the said ship, the said lords did thereafter proceed to search. And they before opening any cabinet, chests, writing desks, or other locked furniture, appointed the directors of the African Company and Gilbert and Patrick Stewart, merchants in Edinburgh, who appeared for Captain Green his owners and crew with […] Anderson, bailie of Burntisland, to view and examine the seals formerly put on by them and the said Bailie Anderson of Burntisland, Which they having done, did report that the seals were whole and entire according as they had fixed the same. Whereupon the said lords did begin with the search of a chest of drawers, in which they found nothing save linen wearing clothes and China-ware. In the next place they caused open a cabinet belonging to Robert Callant, supercargo of the said ship, now deceased, and likewise having opened and searched two japanned cabinets belonging to Captain Thomas Green, and also having opened a writing desk, they found several missive letters, written books, and other papers therein, all which they saw carefully taken out and packed up in a little chest which was nailed fast in their presence and put into the hands and custody of Robert Bannatyne, macer of privy council to be transported to Edinburgh, that there the said letters books and other writs might be fully perused and examined at more leisure, which was accordingly done. Item, thereafter the said lords caused open a great chaise between the steerage and cabin, and finding nothing therein but calico, muslin, and some hardware, they proceeded to cause open and search several sea chests between decks belonging to the said ship’s crew. And finding only seamen’s clothes therein, they caused seal up the said whole chests and other locked furniture opened by a carpenter upon their order, with the seals of the said directors of the African Company and Gilbert and Peter Stewart and Bailie Anderson abovenamed, that nothing therein might be embezzled. And adjourned their meeting until Thursday next. Burntisland 26 December 1704. The committee of privy council sederunt as above, finding it necessary for the discharge of the trust reposed upon them by the privy council that the Worcester should be unloaded, did unanimously agree that they should proceed to see her Cargo begin to be unloaded tomorrow. In regard that having examined masters of ships, skippers, and others, and spoken with the said directors and Masters Stewart, they found that the ship and cargo could not be safely transported nor got into the harbour of Leith without unloading the same. The said lords for the most easy unloading of the said cargo and securing thereof when unloaded, having called before them Patrick Stewart, factor for the captain and owners of the said ship and cargo, and he appearing before them and acknowledging that he was entrusted by the said captain and owners in what concerned the said ship and cargo, the said lords proposed to him, that he should cause provide barks and boats duly sailed by able seamen, and have the same ready by the sides of the said ship upon 27 instant by ten of the cloak for receiving aboard of the said barks and boats the cargo of the said ship, and transporting the same to Leith, where he was to have a warehouse ready for receiving the same and being answerable for the safe custody thereof. Which proposal made by the said lords being declined by the said Patrick Stewart, and he showing himself altogether averse either to providing boats for unloading the said cargo and transporting the same to Leith, or to providing a warehouse and to securing the same when laid up there, or to joining with the African Company in doing thereof, the said lords of the committee having called Sir Francis Scot and Bailie William Neilson, directors of the African Company, appointed them to have barks and boats sufficiently sailed lying by the said ship against tomorrow 27 instant at ten of the cloak in the forenoon to receive in the cargo from the East India ship the Worcester and transport the same to Leith, and to lay up the same there in the warehouse belonging to the African Company. And appointed and ordained the said Patrick Stewart to attend and the directors foresaid, each of them to make an exact inventory of the said cargo as the same shall be unloaded from the said ship the Worcester, and to seal with both their seals every pack, ball, or bundle of the said goods, and every chest, cask or matt wherein the same are put up or contained. And each of them to send a person whom they will trust along with each bark or boat wherein the said goods shall be loaded to Leith, and there to see the goods sufficiently laid up in the warehouse abovementioned conform to the said list. And after laying up thereof, that the said persons so entrusted doe immediately cause secure all the entries to the said warehouse by their own seals and the seals of the magistrates of Leith, and by three locks upon the door, whereof one of the keys to be delivered to the person entrusted by the said Patrick Stewart for the use of the captain and his owners, and another of the said keys to be delivered to the person entrusted for the directors of the African Company for their behove, and a third to be left in the hands of the magistrates of Leith. And for the further securing of the said warehouse and likewise the committee ordain James Nairn, bailie of Leith to see the said cargo unloaded from aboard the respective boats or barks and safely laid up in the said warehouse without embezzling by any crowd or rabble. Adjourned until tomorrow 27 instant aboard the ship the Worcester. Aboard the ship the Worcester 27 December 1704 sederunt of the lords of the committee as before. The lords of the committee having viewed the seals put upon the hatches by the African Company, Master Stewart for Captain Green, and the forenamed Bailie Anderson found the same entire. And having caused revise the list of the persons onboard, they for the reasons before mentioned caused add to the said list such other persons as were necessary besides those contained in the former day’s list. Thereafter as the said lords were about to cause open the hatches of the said ship, appeared the abovenamed Patrick Stewart, merchant, and craved liberty of their lordships to enter his protestation. And being allowed, he made his protestation as follows. That since the committee had ordained him to be present at the unloading of the said ship the Worcester, he hoped that they would allow him to protest, that the owners and freighters and Captain Green if innocent may be free of all risk, cost, skaith, damage, and expenses that may follow upon the unloading. As also that any inventory now made of cargo shall not prejudge the owners in their recourse against Mr Roderick Mackenzie and the African Company and all others concerned for what more may be found to have been aboard the time of seizing of the said ship by them. Whereupon the said Patrick Stewart took instruments in the hands of Sir Gilbert Eliot, clerk to her Majesty’s privy council. Which protestation being admitted by the said lords, and the said Mr Roderick Mackenzie allowed to make his answer, he for himself and in name of the said African Company, his constituents, and all others whatsoever concerned with him in seizing and unloading the said ship, answered and counter protested that the seals both of the said company and magistrates of Burntisland which were put upon the hatches, lazarette, gun room, and all other keepings on board the said ship in presence of several persons of Captain Green’s own crew (as would appear by instruments formerly taken thereupon) were now whole and entire before opening thereof by order and in presence of the right honourable committee of privy council, as their lordships and all others present saw and protested. Likewise that the unloading of the ship being by order of the said privy council and committee, neither he nor his constituents nor any other concerned with or for him may in any event whatsoever be otherwise answerable, then in so far as they take burden upon themselves, and in proportion to the trust reposed in them by the said committee, and only for the numbers and quantities of such goods as shall be put into their custody or committed to their care, but not for the sufficiency of their several qualities, the said Master Roderick Mackenzie having ground to believe from the condition of the ship and the declarations of several skippers who visited the same that the cargo must have been much damaged already. And protested further that the cargo and goods now to be unloaded should be liable for all the charges and expenses given out by him or his constituents for preserving, unloading, and keeping of the said ship and cargo until the event of the debate concerning the same. And thereupon the said Mr Mackenzie took instruments in the hands of the said Sir Gilbert Eliot. Whereupon the said lords caused open the hatches and saw unloaded from aboard the said ship and loaded on board a bark belonging to Thomas Bakers, to be transported to Leith and laid up in the above mentioned warehouse, the number of 108 bundles of canes called rattans and 120 bundles of canes called jambes and 20 bundles of small canes called Dragon’s Blood, together with 129 bales and bundles in mats with two large casks of rice and a chest of china, all marked by order of the said lords from number first to 132. And appointed the said Sir Gilbert Eliot to write to James Nairn, bailie of Leith to see the goods unloaded from aboard the said Thomas Bakers his bark. The foresaid whole goods conform to the foresaid inventory, and laid up in the warehouse accordingly. The said lords of the committee finding no more could be unloaded this day caused again seal up the hatches with the seals of the said African Company, Patrick Stewart, and Bailie Anderson, and appointed barks and boats to be ready again tomorrow morning early for unloading the rest of the said goods unloaded from the said ship and loaded on board the said bark made up by the persons entrusted by the African Company, Patrick Stewart, and the clerk of council. And finding them to agree, they adjourned their meeting until tomorrow morning aboard the ship 28 Instant. And agreed that two of their number should be aboard the ship by four o’clock in the morning. Aboard the said ship the Worcester 28 December 1704 at four o’clock in the morning. The seals upon the said hatches being this day opened, the lords proceeded to see the cargo unloaded, and accordingly there was unloaded from the said ship and loaded aboard the bark called the Flisk, Thomas Wallace skipper, the number of 179 bales of matted goods all marked by order foresaid from number 132 to number 311, 54 bundles of great canes called jambes, two bundles of lesser canes called Dragon’s Blood, and 13 bundles of small canes called rattans. Which goods being the full loading of the said bark, the hatches thereof were sealed up, and one person intrusted by Patrick Stewart, and another entrusted by the African Company sent aboard with an order from the committee under the hand of their clerk, directed to the said Bailie Nairn, for seeing the goods safely unloaded from aboard the said bark and laid up in the abovementioned warehouse in manner above directed. Thereafter the said lords finding [it] necessary to unload part of the pepper aboard the said vessel for the more orderly unloaded [of] the bale goods from aboard the said ship did cause saw a hogshead asunder in the middle to be the measure of unloading the pepper. And accordingly the bark sailed by William Crocket, skipper, being brought to the side of the said ship, there was part of the pepper loaded aboard of her that night upon 28 instant, and the hatches sealed up by the seals as above. Both of the said ship and bark and the inventories of the goods unloaded made by the three several persons abovementioned being compared and found to agree, the lords adjourned their meeting until Friday 29 instant, and agreed that two of their number should be aboard the said ship at four or five in the morning as the tide required. Aboard the said ship the Worcester 29 December 1704 at five o’clock in the morning. The lords having seen the seals both of the ship and bark put on yesternight entire caused open the same and proceeded to further unload the pepper and other goods from aboard the said ship, and for completing the loading of the said bark sailed by William Crocket, there was shipped aboard her the number of 295 half hogsheads of pepper, 75 long and round bales of goods in mats marked from number 311 to number 286, and five bundles of canes called rattans, which making up her full loading her hatches were sealed, and persons entrusted by the African Company and Master Stewart sent abroad with an order to Bailie James Nairn to see the same unloaded all in manner abovementioned. Thereafter the bark called the Margaret of Alloa being brought to the side of the ship, there was loaded aboard her of the said cargo 40 pieces of redwood, four bundles of canes called Dragon’s Blood, 30 bundles of great canes called jambes, with 26 bales round and long in mats with a large chest marked from number 386 to number 413. And the tide allowing no more to be unloaded that night, the hatches of the said ship and bark were sealed by the persons abovementioned. And the lords adjourned their meeting to 30 instant aboard the said ship, and agreed that two of their number should be there by five in the morning. After the lords were come ashore, they agreed that the earl of Roseberry and John Cockburn of Ormiston should go to Bailie Anderson’s house where George Hames stayed and examine him concerning the cargo and the several bales thereof that wanted mark and number and what other points they thought fit, which they having done and reported to the rest of the committee, that they had received little or no satisfaction from him, he was appointed by the committee to be carried back prisoner and committed to the Canongate tolbooth upon the information signed by Mr Roderick Mackenzie and others, and an order delivered to Captain John Murray for that effect accordingly. Aboard the said ship the Worcester 30 December 1704 at five o’clock in the morning. The seals upon the hatches both of ship and bark being viewed and found entire. The same were opened, and for completing the loading of the said bark the Margaret of Alloa, Matthew Panton master, there was unloaded from aboard the said ship the Worcester and loaded aboard the said bark, the number of 260 half hogsheads of pepper. And the lords having seen the three several lists of the goods unloaded made up by the persons above named. And finding the same to agree, they caused seal up the hatches of the said bark by the seals of the said Mr Roderick Mackenzie for the African Company and Patrick Stewart. And two persons being sent aboard the said bark by them with an order to Bailie Nairn to see the goods unloaded in manner foresaid. The lords proceeded to cause seal up the hatches of the ship with the seals of the said Mr Roderick Mackenzie for the African Company, and Patrick Stewart for Captain Green and his owners, and Bailie Anderson the magistrate of Burntisland. At sealing whereof appeared the said Mr Roderick Mackenzie, and protested that the bales of goods in general and particular, and particularly the cassia lignea, ginger, and drugs, as also considerable quantities of pepper, itself more quite damaged, much of it rotten and good for nothing as was evidently seen by the noble lords of the committee, the said Patrick Stewart and all other persons present. And for which neither he nor any other of the persons abovementioned would be liable, And did thereupon take instruments in the hands of Sir Gilbert Eliot, clerk to the said committee. Then the lords adjourned their meeting until they had made report to the lords of her majesty’s privy council of the progress they had made in the said affair. Thereafter the lords of her majesty’s privy council having upon the day and date of these present considered the above report of the committee of privy council appointed to take inspection of the cargo aboard the East India ship the Worcester lying in the harbour of Burntisland, Captain Green commander, consisting of the above seven pages, and the same being read in presence of the lords of her majesty’s privy council, they have approved and hereby approves thereof, and of the exactness of the committee therein.

1. NRS, PC1/53, 325-5.