Letter: royal, 28 March 1705(pm), Edinburgh

[28 March 1705] Eodem die post meridiem

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.

[At Edinburgh] 28 March 1705

A1705/3/341

Letter: royal

Letter to the queen concerning Captain Green etc

Letter from the council to the queen’s majesty concerning Captain [Thomas] Green and his men read, voted, and approved, and ordered to be recorded, and transmitted to her majesty by a flying packet, whereof the tenor follows:
May it please your majesty
It has been signified to us by [James Ogilvie, earl of Seafield] lord chancellor that he has a letter from [John Campbell], duke of Argyll, which he produced and was read at the board, bearing that your majesty had ordered all the papers relating to Captain [Thomas] Green and his crew’s trial should be sent up to your majesty, and that whatever the sentence of the judges be, it should not be put in execution until your majesty’s pleasure be made known to your privy council. Your majesty may be most assured that all your commands are and shall be ever very Sacred to us, and that we are fully satisfied, and likewise most tender of your majesty’s prerogative in matters of this nature. But your majesty may be pleased to know that after sentence was pronounced by the court of admiralty, assisted by assessors appointed by your council both against the Scots and English concerned, the same has been since confirmed by the confessions first of Thomas Lintsteed, Englishman, one of the criminals who has freely confessed under his hand touching Green’s engaging with the ship seized, and his selling the same, which fully agrees with what had been deposed in the process, and then of George Haynes, Englishman, and also condemned, who has emitted such a full and clear confession of piracy, robbery, and murder charged in Captain Green’s indictment that there remains no place for doubt. And that the said piracy, robbery, and murder was committed upon Captain Drummond and his ship sent out by the African Company of this kingdom, as their confessions testify. And further, we have good reason to think that if the foresaid letter had not come so soon, several of the persons guilty would between [now] and the day of execution, which is 4 April, have confessed as freely, and confirmed yet more fully all the procedure against them. But to take the matter as it now is, we have for your majesty’s satisfaction caused transmit an abstract of the whole process viz of the indictment and informations on both sides, and of the judges’ interlocutor upon the relevancy, and of the depositions and evidences taken in court, and of the verdict of the jury, and sentence of the judges passed thereon, and also the above mentioned confessions. And because of the deep concern of this nation in this affair, we must in all humble duty advise and entreat your majesty that no remission or reprieve may be granted to any of the persons condemned, save as they shall be recommended upon their ingenuity, and other considerations by your majesty’s privy council, and that your gracious pleasure herein under your own royal hand may be signified to us as soon as possible. In the meantime, we have granted no reprieve, save to the said Lintsteed and Haynes, waiting for your further pleasure between [now] and the foresaid day, for we may again assure your majesty’s interest and service, and the necessary satisfaction of all your people. As for the said Lintsteed and Haynes, we have thought fit on the consideration of their abovementioned confessions to grant them a reprieve to 15 May next, and to recommend Lintsteed to your majesty’s favour for a remission, the remission for Haynes being already sent down. We are in all duty, may it please your majesty, your majesty’s most loyal, most humble, most faithful, and obedient subjects and Servants Sic Subscribitur Seafield chancellor; Tweeddale president; Rothes privy seal; Montrose; Roxburghe; Buchan; Lauderdale; Rosebery; Yester; James Stewart; George Baillie; Robert Dundas; William Anstruther; James Falconer; Francis Montgomerie.

1. NRS, PC1/53, 380-1.

1. NRS, PC1/53, 380-1.

Act, 28 March 1705(pm), Edinburgh

[28 March 1705] Eodem die post meridiem

A1705/3/331

Act

Repryve In favours of George Haynes

The Lords of her Majesties Privie Councill haveing heard and considered the confession emitted and given by George Haynes present prisoner in the Castell of Edinburgh as one of the Crew of the Ship the Worchester Condemned and Sentenced to death by the high Court of Admiralitie as guilty of the Crymes of pirracie and robberie Committed by him, and Captain Thomas Green Commander of the said East India Shipe and others of the said Crew, The Saids Lords of her Majesties privie Councill Have Repryved and heirby Repryves the said George Haynes from the Sentence of death appoynted to have been execute wpon him the fourth day of Apryll nixt from the said day Untill the fyfteinth day of May nixt to come inclusive, And have delayed and Superceeded the execution of the said Sentence untill the day forsaid Sic Subscribitur Seafeild Cancellar. Tweedale P. Rothes P.S. Montrose. Roxburgh. s. Buchan. Lauderdale. Roseberrie. Yester. James Steuart. George Baillie Robert Dundas William Anstruther. F Montgomrie.

[At Edinburgh] 28 March 1705

A1705/3/331

Act

Reprieve in favour of George Haynes

The lords of her majesty’s privy council having heard and considered the confession emitted and given by George Haynes, present prisoner in the castle of Edinburgh, as one of the crew of the ship the Worcester condemned and sentenced to death by the high court of admiralty as guilty of the crimes of piracy and robbery committed by him, and Captain Thomas Green commander of the said East India ship and others of the said crew, the said lords of her majesty’s privy council have reprieved and hereby reprieve the said George Haynes from the sentence of death appointed to have been executed upon him 4 April next from the said day until 15 May next to come inclusive, and have delayed and superseded the execution of the said sentence until the day foresaid Sic Subscribitur Seafeild chancellor; Tweeddale president; Rothes privy seal; Montrose; Roxburghe secretary; Buchan; Lauderdale; Rosebery; Yester; James Stewart; George Baillie; Robert Dundas; William Anstruther; Francis Montgomery.

1. NRS, PC1/53, 380.

1. NRS, PC1/53, 380.

Act, 28 March 1705(pm), Edinburgh

[28 March 1705] Eodem die post meridiem

A1705/3/321

Act

Repryve In favoures of Thomas Lintsteed

Anent the Petition given in and presented to the Lords of her Majesties Privie Councill by Thomas Lintsteed Assistant to the Supra Cargo of the Ship Worchester Shewing That the petitioner haveing freely and Ingenuously made a Confession of all that he knew in relation to the criminall proces against Captain Green and his Crew, to her Majesties Advocat befor opening the verdict of the assize his lordship was so farr Satisfied with the petitioners ingenuous acknowledgement, that he was pleased to tell him that he would speak to and desyre a recommendation from the saids Lords in behalfe of the petitioner to her Majestie in order to procure a remission for him2, Which the Judges of Admirality being informed of did lykewayes promise the Same, All which they would own to the saids Lords, And Seeing the dyets of Councill are not fixed and certaine, And that the putting the Sentence in execution against the Petitioner was very Short, Therfor craveing to the effect aftermentioned, as the said petition bears, The Lords of her Majesties privie Councill haveing heard and considered the confession emitted and given by Thomas Lintsteed assistant to the Supercargo of the East India Ship the Worchester with the within petition presented by him, and read in their presence Craveing a repryve in his favours as one of the Crew of the Said Shipe Condemned by the Judges of the high Court of Admiralitie and ther assessors for the Crymes of Pirracie, robberie and others by the petitioner Captain Thomas Green Commander of the said Shipe and others of the Crew belonging to the Same, The Saids Lords of her Majesties privie Councill have Repryved and heirby Repryves the said Thomas Lintsteed from the Sentence of death appoynted to have been execute upon him the eighteenth day of Apryll nixt from the said day untill the Fyfteinth day of May nixt to come inclusive, And have delayed and Superceeded the execution of the said sentence untill the day forsaid, And the saids Lords have Recommended, and heirby Recommend the Said Thomas Lintsteed to her Majesties mercie for her gracious pardone and remission to be past and expede under her Majesties great Seall of Scotland in his favours of the saids crymes of Robberie, pirracie and others for which he Stands condemned Sic Subscribitur Seafeild Cancellar. Tweedale P Rothes p.s.. Montrose. Roxburgh. Buchan. Lauderdale. Roseberrie Yester, James Steuart. William Anstruther. George Baillie. Robert Dundas. F Montgomrie.

[At Edinburgh] 28 March 1705

A1705/3/321

Act

Reprieve in favour of Thomas Lintsteed

Concerning the petition given in and presented to the lords of her majesty’s privy council by Thomas Lintsteed, assistant to the supercargo of the ship Worcester, showing that the petitioner having freely and ingenuously made a confession of all that he knew in relation to the criminal process against Captain [Thomas] Green and his crew to her majesty’s advocate before opening the verdict of the assize, his lordship was so far satisfied with the petitioner’s ingenuous acknowledgement, that he was pleased to tell him that he would speak to and desire a recommendation from the said lords on behalf of the petitioner to her majesty in order to procure a remission for him, which the judges of admiralty being informed of did likewise promise the same, all which they would own to the said lords. And seeing the diets of council are not fixed and certain, and that the putting [of] the sentence in execution against the petitioner was very short, therefore craving to the effect after mentioned, as the said petition bears. The lords of her majesty’s privy council, having heard and considered the confession emitted and given by Thomas Lintsteed, assistant to the supercargo of the East India Ship the Worcester, with the within petition presented by him, and read in their presence, craving a reprieve in his favour as one of the crew of the said ship condemned by the judges of the high court of admiralty and their assessors for the crimes of piracy, robbery, and others by the petitioner, Captain Thomas Green commander of the said ship and others of the crew belonging to the same, The said lords of her majesty’s privy council have reprieved and hereby reprieves the said Thomas Lintsteed from the sentence of death appointed to have been executed upon him [on] 18 April next from the said day until 15 May next to come inclusive, and have delayed and superseded the execution of the said sentence until the day foresaid. And the said lords have recommended, and hereby recommend the said Thomas Lintsteed to her majesty’s mercy for her gracious pardon and remission to be past and issued under her majesty’s great seal of Scotland in his favour of the said crimes of robbery, piracy, and others for which he stands condemned Sic Subscribitur Seafeild chancellor; Tweeddale president; Rothes privy seal; Montrose; Roxburghe; Buchan; Lauderdale; Rosebery; Yester; James Stewart; William Anstruther; George Baillie; Robert Dundas; Francis Montgomerie.

1. NRS, PC1/53, 379-80.

2. Insertion. This appears above the word ‘my’, which is scored out.

1. NRS, PC1/53, 379-80.

2. Insertion. This appears above the word ‘my’, which is scored out.

Sederunt, 28 March 1705(pm), Edinburgh

[28 March 1705] Eodem die post meridiem1

A1705/3/312

Sederunt

Lord Chancellor; Marquis of Tweddale P:C:; Earl of Rothes P.S.; Marquis of Montrose; Earl of Roxburgh S.; Earl of Buchan; Earl of Lauderdale; Earl of Roseberrie; Lord Yester; Lord Advocat; Lord Theasaurer Deput; Lord Arniestoun; Lord Enstruther; Lord Phesdo; Mr Fr Montgomrie; Lord Provest of Edinburgh

[At Edinburgh] 28 March 1705 pm1

A1705/3/312

Sederunt

[James Ogilvie, earl of Seafield] lord chancellor; [John Hay] marquis of Tweeddale, president of council; [John Leslie] earl of Rothes, lord privy seal; [James Graham] marquis of Montrose; [John Ker] earl of Roxburghe, secretary; [David Erskine] earl of Buchan; [John Maitland] earl of Lauderdale; [Archibald Primrose] earl of Rosebery; [Charles Hay] Lord Yester; [Sir James Stewart of Goodtrees] lord advocate; [George Baillie of Jerviswood] lord treasurer depute; [Robert Dundas] Lord Arniston; [Sir William Anstruther] Lord Anstruther; [Sir James Falconer] Lord Phesdo; Francis Montgomerie; [Sir Patrick Johnston] lord provost of Edinburgh

1. NRS, PC1/53, 379.

2. NRS, PC1/53, 379.

1. NRS, PC1/53, 379.

2. NRS, PC1/53, 379.