Warrant, 3 April 1705, Edinburgh

Att Edinburgh the third day of Apryll Jaj vijc and fyve years

A1705/4/81

Warrant

Warrand to delyver the Keyes of the Warehouses at Leith, wher the Cargo of the Worchester Lyes, To the Admirall Clerk

The Lords of Privie Councell Considering that by a decreit pronounced by the Judges of the Court of Admiralitie, The Shipe the Worhcester and her Cargo now Lying in Warehouses at Leith, are ordained to be exposed to publict roup, Therfor ther lordships ordaine Peter Steuart Merchant in Edinburgh James Nairne Baillie of Leith, and Andrew Cockburne merchant in Edinburgh To delyver the keyes of the saids warehouses To Daniell Hamilton Clerk of Admiralitie that So the goods therin may be inspected, sorted, or otherwayes disposed by the Judges of Admiralitie In order to the said roupe, And that at the Sight of Some of the Directors of the Affrican Companie to be appoynted by them.

At Edinburgh 3 April 1705

A1705/4/81

Warrant

Warrant to deliver the keys of the warehouses at Leith, where the cargo of the Worcester lies, to the admiral clerk

The lords of privy council considering that, by a decreet pronounced by the judges of the court of admiralty, the ship the Worcester and her cargo now lying in warehouses at Leith, are ordained to be exposed to public auction, therefor their lordships ordain Peter Stewart, merchant in Edinburgh, James Nairne, bailie of Leith, and Andrew Cockburn, merchant in Edinburgh, to deliver the keys of the said warehouses to Daniel Hamilton, clerk of admiralty, that so the goods therein may be inspected, sorted, or otherwise disposed by the judges of admiralty in order to the said auction, and that at the sight of some of the directors of the African Company to be appointed by them.

1. NRS, PC1/53, 384-5.

1. NRS, PC1/53, 384-5.

Letter: royal, 3 April 1705, Edinburgh

Att Edinburgh the third day of Apryll Jaj vijc and fyve years

A1705/4/71

Letter: royal

Letter from the Councell To the Queens Majestie Anent Captain Green and his Crew

Letter from the Councill to the Queens Majestie In answer to her Majesties Letter to their lordships Anent Captain Green and his Crew being prepared and wrytten over in Mundo, The Same was read, voted and approven and ordained to be recorded, and this day sent off by a flying packet off which the tenor follows.
May it please your Majestie
By our letter to yor Majestie of the 28 of March last dispatched by a flying packet, wee hope wee have already Satisfied your Majestie as to what yor Majestie requyres by your royall Letter of the 27 of March concerneing the proces and Sentence Against Captain Green and his Crew, And the repryve yor Majestie is pleased to requyre and authorize ws to give them; Wee have already Sent the wholl proces Indytement, pleadings, probation, verdict and Sentence, with two Confessions of Lintsteeds and Haynes two of these condemned that plainly conforme the proceedings in that tryall, To be laid befor yor Majestie, And wee are more and more perswaded that if the first orders for a repryve had not come So Soon, the greater pairt of them might have confessed, As one Bruckley who is another of those condemned, hes Since done, And with a new and most convinceing evidence of the murder as well as of pirracie and robberie, and all committed on Captain Drummonds Ship as Haynes2 formerly deposed; But now upon the wholl matter, wee have in obedience to your Majestie given to these persons, a repryve to the Ellevint instant that wee may have yor Majesties returne to what wee formerly wrott, yet wee must again with all Submission, and in the pure conscience of our duty, Intreat and obtest that your Majestie would be pleased to grant no further repryve or remission to these men, except upon recommendation from yor Councell heir as reasons may occurr, For after a tryall So legall and Solemn of Such attrocious crymes discovered by so observeable a providence, And after the confirmations wee have already had by so many after confessions, wee must in humble duty take the liberty to assure yor Majestie it is the great concerne of yor Majesties Service, and the earnest expectation of all yor people not otherwayes to be Satisfied that the publict Justice of the nation be allowed to proceed, without any farther Stopp, which wee are perswaded yor Majestie will approve, For cruell horrid murder as well as pirracie and robberie being now manifastly discovered to have been committed on your Scots Subjects, wee must again represent to yor Majestie that no further repryve Should be granted, We 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. Roxburgh, Buchan. Glencairne. Forfar. James Steuart George Baillie. F Montgomrie. John Home.

At Edinburgh 3 April 1705

A1705/4/71

Letter: royal

Letter from the council to the queen’s majesty concerning Captain Green and his crew

Letter from the council to the queen’s majesty in answer to her majesty’s letter to their lordships concerning Captain [Thomas] Green and his crew, being prepared and written over in mundo, the same was read, voted, and approved, and ordained to be recorded, and this day sent off by a flying packet. Of which the tenor follows:
May it please your majesty,
By our letter to your majesty of 28 March last dispatched by a flying packet, we hope we have already satisfied your majesty as to what your majesty requires by your royal letter of 27 March concerning the process and sentence against Captain Green and his crew, and the reprieve your majesty is pleased to require and authorise us to give them. We have already sent the whole process, indictment, pleadings, probation, verdict, and sentence, with two confessions of Lintsteed and Haynes, two of those condemned, that plainly confirm the proceedings in that trial, to be laid before your majesty, and we are more and more persuaded that if the first orders for a reprieve had not come so soon, the greater part of them might have confessed, as one Bruckley, who is another of those condemned, has since done, and with a new and most convincing evidence of the murder, as well as of piracy and robbery, and all committed on Captain Drummond’s ship as Haynes formerly deposed. But now upon the whole matter, we have in obedience to your majesty given to these persons a reprieve to 11 instant that we may have your majesty’s return to what we formerly wrote, yet we must again with all submission, and in the pure conscience of our duty, entreat and beseech that your majesty would be pleased to grant no further reprieve or remission to these men, except upon recommendation from your council here as reasons may occur. For after a trial so legal and solemn of such atrocious crimes discovered by so observable a providence, and after the confirmations we have already had by so many after confessions, we must in humble duty take the liberty to assure your majesty it is the great concern of your majesty’s service, and the earnest expectation of all your people not otherwise to be satisfied, that the public justice of the nation be allowed to proceed, without any farther stop, which we are persuaded your majesty will approve, for cruel, horrid murder, as well as piracy and robbery, being now manifestly discovered to have been committed on your Scots subjects, we must again represent to your majesty that no further reprieve should be granted. 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, Roxburghe, Buchan, Glencairn, Forfar, James Stewart, George Baillie, Francis Montgomerie, John Home.

1. NRS, PC1/53, 384.

2. The word ‘has’ scored out here.

1. NRS, PC1/53, 384.

Decreet, 3 April 1705, Edinburgh

Att Edinburgh the third day of Apryll Jaj vijc and fyve years

A1705/4/61

Decreet

Decreet The Agent to the Kirk against Mr James Gray and Mr2 Thomas Hall

Anent the lybell or Letters of Complaint raised and persued befor the Lords of her Majesties privie Councill at the instance of John Blair Agent to the Kirk with concourse of Sir James Steuart her Majesties Advocat for her highness interest in the matter wnderwrytten, Mentioning that wher by the fyfth act of the parliament Jajvjc nyntie, Presbiterian Church Government and discipline are ratified and confirmed to be the government of Chrysts Church; And Sicklyke by the twentie Second Act of the parliament Jajvjc nyntie fyve, It is Statute and ordained that no persone Shall intrude himselfe into any Church, or shall exercise any pairt of the Ministeriall function within any3 parish without ane orderly Call from the heretors and eldership, and legall admission from the Presbetrie within whose bounds it lyes; Lykeas by the Second Act of the parliament Jajvijc and three, all the saids acts, and other laws and Statuts for establishing presbiterian Church Government, are ratified and approven in the haill heads, articles and clauses therof; Nevertheless it is of verity that Mr James Gray late Incumbent at Muirkirk in Kyll, and Mr Thomas Hall late Incumbent at St Madois, Shakeing of all regaird to our authoritie and laws have of late intruded themselves into the Kirk of Logie Bride within the United parishes of Auchtergaven and Logie Bride, and sett up for preachers therin, and exercise all the other pairts of the Ministeriall function as baptizeing marrieing etc In manifast contempt of the forsaids Laws and acts of parliament, Notwithstanding that the said United parish and united kirks therof Is duly and legally planted, as also have intruded into the Kirk of Caputh without any orderly Call from the heretors and eldershipe therof, or legall admission from the presbetrie of the bounds: By all which it is evident that the saids Mr James Gray and Mr Thomas Hall are guilty of manifast intrusions and attempts against the present setled constitution of the Church, And of a high contempt of our Laws and authority, which being proven they ought to be punished with the pains of law, and effectuallie discharged to intrude into or molest the saids parishes, and otherwayes punished as the Lords of privie Councill Should think fitt to the example and terror of others to committ the lyke in tyme comeing: And Anent the charge given to the saids Mr James Gray and Mr Thomas Hall defenders to have Compeared befor the saids Lords of privie Councill at a certaine day bygone To have answered to the forsaid Complaint, And to have heard and Seen such order and course taken theranent as the saids Lords of privie Councill Should think fitt, wnder the paine of rebellion and putting of them to the horne, As in the said lybell or Letters of Complaint and executions therof at more length is Contained; Which Lybell being upon the day and date of thir presents Called in presence of the saids Lords, and the said perseuer Compearing personallie att the barr with Sir James Steuart her Majesties Advocat, And the defenders being oft tymes called and not compeiring (though personallie cited for that effect,) The Lords of her Majesties privie Councill Grants certification against the saids defenders, And Ordains Letters of denounciation to be direct to meacers and messengers at armes To pass to the mercat cross of […] and other places needfull, and therat in her Majesties name and authoritie duly, lawfullie and orderly denounce them her Majesties rebells, and putt them to her highness horne, Escheat and inbring all ther moveable goods and geir to her Majesties use for ther contempt and disobedience; Superceeding extract till nixt councill day being the Twentie Sixt of Apryll nixt.

At Edinburgh 3 April 1705

A1705/4/61

Decreet

Decreet the agent to the Kirk against Mr James Gray and Mr Thomas Hall

Concerning the libel or letters of complaint raised and pursued before the lords of her majesty’s privy council at the instance of John Blair, gent to the Kirk, with concourse of Sir James Stewart, her majesty’s advocate for her highness’ interest in the matter underwritten, mentioning that, where by the 5th act of the parliament [of] 1690, Presbyterian Church government and discipline are ratified and confirmed to be the government of Christ’s Church, and also by the 22nd act of the parliament [of] 1695, it is statute and ordained that no person shall intrude himself into any church, or shall exercise any part of the ministerial function within any parish without an orderly call from the heritors and eldership, and legal admission from the presbytery within whose bounds it lies. Likewise by the 2nd act of the parliament [of] 1703, all the said acts, and other laws and statutes for establishing Presbyterian Church government are ratified and approved in the whole heads, articles, and clauses thereof. Nevertheless it is of verity that Mr James Gray, late incumbent at Muirkirk in Kyle, and Mr Thomas Hall, late incumbent at St Madoes, shaking of all regard to our authority and laws, have of late intruded themselves into the kirk of Logiebride within the united parishes of Auchtergaven and Logiebride, and set up for preachers therein, and exercised all the other parts of the ministerial function, [such] as baptising, marrying, etc, in manifest contempt of the foresaid laws and acts of parliament, notwithstanding that the said united parish and united kirks thereof is duly and legally planted. As also have intruded into the kirk of Caputh without any orderly call from the heritors and eldership thereof, or legal admission from the presbytery of the bounds. By all which it is evident that the said Mr James Gray and Mr Thomas Hall are guilty of manifest intrusions and attempts against the present settled constitution of the Church, and of a high contempt of our laws and authority, which being proven they ought to be punished with the pains of law, and effectually discharged to intrude into or molest the said parishes, and otherwise punished as the lords of privy council should think fit to the example and terror of others to commit the like in time coming. And concerning the charge given to the said Mr James Gray and Mr Thomas Hall, defenders, to have appeared before the said lords of privy council at a certain day bygone to have answered to the foresaid complaint, and to have heard and seen such order and course taken therein as the said lords of privy council should think fit, under the pain of rebellion and putting of them to the horn, as in the said libel or letters of complaint and executions thereof at more length is contained. Which libel being upon the day and date of this present called in presence of the said lords, and the said pursuer appearing personally at the bar with Sir James Stewart, her majesty’s advocate, and the defenders being often called and not appearing (though personally cited for that effect), the lords of her majesty’s privy council grant certification against the said defenders, and ordain letters of denunciation to be directed to macers and messengers at arms to pass to the mercat cross of […] and other places needful, and thereat in her majesty’s name and authority, duly, lawfully, and orderly denounce them her majesty’s rebels, and put them to her highness’ horn, escheat and bring in all their moveable goods and possessions to her majesty’s use for their contempt and disobedience, superseding extract until next council day, being 26 April next.

1. NRS, PC1/53, 383-4.

2. The word ‘John’ scored out here.

3. The word ‘pairt’ scored out here.

1. NRS, PC1/53, 383-4.

Procedure, 3 April 1705, Edinburgh

Att Edinburgh the third day of Apryll Jaj vijc and fyve years

A1705/4/51

Procedure

Recommendation to the Lord Chancellor to wryt to the Duke of Gordon anent Fort William

The Lord President of Privie Councill haveing produced to the Councill ane letter direct to his lordship from the Earle of Roxburgh Secretary of State, Anent Fort William, and the Duke of Gordons clame that his Grace hes to the ground upon which the same, with the burgh of Barronie erected near the samen, stands, and the samen being read and considered by ther lordships, The Saids Lords Doe heirby Recommend to the Lord high Chancellor to wryt to the Duke of Gordone and communicat to his Grace the said Letter, and if his lordship think fitt that he give his Grace a double therof.

At Edinburgh 3 April 1705

A1705/4/51

Procedure

Recommendation to the lord chancellor to write to the duke of Gordon concerning Fort William

The lord president of privy council having produced to the council a letter directed to his lordship from [John Ker] earl of of Roxburghe, secretary of state, concerning Fort William, and [George Gordon] duke of Gordon’s claim that his grace has to the ground upon which the same, with the burgh of barony erected near the same, stands, and the same being read and considered by their lordships, the said lords do hereby recommend to [James Ogilvie, earl of Seafield] lord high chancellor to write to the duke of Gordon and communicate to his grace the said letter, and if his lordship thinks fit that he give his grace a double thereof.

1. NRS, PC1/53, 383.

1. NRS, PC1/53, 383.

Act, 3 April 1705, Edinburgh

Att Edinburgh the third day of Apryll Jaj vijc and fyve years

A1705/4/41

Act

Repryve to John Bruckley

The Lords of her Majesties privie Councill haveing heard and considered the Confessions emitted and given by John Bruckly present prisoner in the Castell of Edinburgh as one of the Crew of the East India Shipe the Worchester Condemned and Sentenced to death by the high Court of Admirality as Guilty of the crymes of Pirracie and robberie committed by 2 him and Captain Thomas Green Commander of the said Shipe and others of the said Crew, The saids Lords of her Majesties privie Councill have repryved and heirby Repryve the said John Bruckley from the Sentence of death appoynted to have been execute upon him the eighteinth day of Apryll instant from the said day wntill the fyfteinth day of May nixt to come Inclusive, And have delayed and Superceeded the execution of the said sentence untill the said day Sic Subscribitur Seafeild Cancellar. Tweedale P. Rothes s.p.s. Montrose. Roxburgh. Mar. Buchan. Glencairne. Hadington Loudoun. Forfar. Dunmore. Ruglen. Hyndfoord. Roseberie. Belhaven. James Steuart. George Baillie. Adam Cockburne. F Montgomrie. Robert Dundas.

At Edinburgh 3 April 1705

A1705/4/41

Act

Reprieve to John Bruckley

The lords of her majesty’s privy council having heard and considered the confessions emitted and given by John Bruckley, present prisoner in the castle of Edinburgh as one of the crew of the East India 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 ship, and others of the said crew, the said lords of her majesty’s privy council have reprieved and hereby reprieve the said John Bruckley from the sentence of death appointed to have been executed upon him [on] 18 April instant from the said day until 15 May next to come inclusive. And have delayed and superseded the execution of the said sentence until the said day Sic Subscribitur Seafield chancellor; Tweeddale president; Rothes privy seal; Montrose; Roxburghe; Mar; Buchan; Glencairn; Haddington; Loudoun; Forfar; Dunmore; Ruglen; Hyndford; Rosebery; Belhaven; James Stewart; George Baillie; Adam Cockburn; Francis Montgomerie; Robert Dundas.

1. NRS, PC1/53, 382-83.

2. The word ‘them’ scored out here.

1. NRS, PC1/53, 382-83.

Act, 3 April 1705, Edinburgh

Att Edinburgh the third day of Apryll Jaj vijc and fyve years

A1705/4/31

Act

Repryve to Captain Green, Mader, Simpson and Geigle

The Lords of her Majesties privie Councill In obedience to her Majesties Commands Contained in the2 her3 Letter to ther lordships of the date the Twentie Sevinth day of March Last, Have Repryved and heirby Repryve Captain Thomas Green Commander of the Worchester, Captain John Macer Chiefe Mate, […] Simpson Gunner and […] Geigle Carpenter of the said shipe from the sentence of death appoynted to be execute against them the fourth day of Apryll instant from the said day untill the tenth day of the said moneth of Apryll inclusive, And have delayed and Superceeded the execution of the said sentence untill the said day, And appoynts and Ordains the Magistrats of Edinburgh to cause the sentence pronounced against the forsaids persons by the Judges of Admirality, and assessors appoynted to them to putt to punctuall execution against them upon the Ellevinth day of Apryll instant without farder delay att the Same place and tyme, And in the Same maner appoynted by the saids Judges for the execution of the other persons of the said Crew the said ellevinth day of Aprill nixt Sic Subscribitur Seafeild Cancellar. Tweedale P. Roxburgh. Marr. Glencairne. Buchan. Loudoun. Forfar. Dunmore. Roseberrie. Hyndfoord. James Steuart. Adam Cockburne. F Montgomrie. Patrick Johnstoun John Home.

At Edinburgh 3 April 1705

A1705/4/31

Act

Reprieve to Captain Green, Macer, Simpson, and Geigle

The lords of her majesty’s privy council, in obedience to her majesty’s commands contained in her letter to their lordships of the date 27 March last, have reprieved and hereby reprieve Captain Thomas Green, commander of the Worcester, Captain John Macer, chief mate, […] Simpson, Gunner, and […] Geigle, carpenter of the said ship, from the sentence of death appointed to be executed against them [on] 4 April instant, from the said day until 10 April inclusive. And have delayed and superseded the execution of the said sentence until the said day. And appoint and ordain the magistrates of Edinburgh to cause the sentence pronounced against the foresaid persons by the judges of admiralty, and assessors appointed to them, to put to punctual execution against them upon 11 April instant without further delay at the same place and time, and in the same manner appointed by the said judges for the execution of the other persons of the said crew the said 11 April next Sic Subscribitur Seafield chancellor; Tweeddale president; Roxburghe; Mar; Glencairn; Buchan; Loudoun; Forfar; Dunmore; Rosebery; Hyndford; James Stewart; Adam Cockburn; Francis Montgomerie; Patrick Johnston; John Home.

1. NRS, PC1/53, 382.

2. The word ‘the’ is scored out here.

3. Insertion.

1. NRS, PC1/53, 382.

Letter: royal, 3 April 1705, Edinburgh

Att Edinburgh the third day of Apryll Jaj vijc and fyve years

A1705/4/21

Letter: royal

Letter from the Queen to the Councill for a repryve to Captain Green and his Crew

Letter from the Queens Majestie to the Councill for granting a repryve for Such tyme as their Lordships Should think fitt, To Captain Green and his Crew being read was ordered to be recorded, wherof the tenor follows
Sic Suprascribitur Anne Regina
Right trustie and right weell beloved Cousine and Councellor, Right trustie and right well beloved Cousins and Councellors, Right trustie and well beloved Cousins and Councellors, Right trustie and well beloved Councellors, and trustie and well beloved Councellors wee greet yow weell, wheras wee are resolved that befor execution of the Sentence past in our Court of Admirality of that our kingdome upon Captain Thomas Green and his Crew; Ther be a full representation laid befor ws of ther tryall, with the Indytement and haill pleadings made for or against them; Wee therfor authorise and requyre yow that yow grant repryve for Such tyme as yow Shall think fitt, To the said Captain Green and his Crew aforsaid, And if it shall be found necessary that yow renew the Same from tyme to tyme, Untill after a full consideration of ther case, wee shall Signifie to yow our pleasure concerneing them; For doeing wherof this Shall be your warrand; And So wee bid yow heartily farwell; Given at our Court at St James’s the twentie Sevinth day of March 1705. And of our reigne the fourth year, By her Majesties Command Sic Subscribitur Alexander Wedderburne.

At Edinburgh 3 April 1705

A1705/4/21

Letter: royal

Letter from the queen to the council for a reprieve to Captain Green and his crew

Letter from the queen’s majesty to the council for granting a reprieve for such time as their lordships should think fit to Captain [Thomas] Green and his crew being read was ordered to be recorded, wherof the tenor follows
Sic Suprascribitur Anne Regina
Right trusty and right well beloved cousin and counsellor, right trusty and right well beloved cousins and counsellor, right trusty and well beloved cousins and counsellors, right trusty and well beloved counsellors, and trusty and well beloved counsellors we greet yow well. Whereas we are resolved that before execution of the sentence past in our court of admiralty of that our kingdom upon Captain Thomas Green and his crew. there be a full representation laid before us of their trial, with the indictment and whole pleadings made for or against them, we therefore authorise and require you that you grant reprieve, for such time as you shall think fit, to the said Captain Green and his crew aforesaid, and if it shall be found necessary, that you renew the same from time to time, until after a full consideration of their case, we shall signify to you our pleasure concerning them. For doing whereof this shall be your warrant. And so we bid you heartily farewell. Given at our court at St James’s 27 March 1705, and of our reign the fourth year. By her majesty’s command Sic Subscribitur Alexander Wedderburne.

1. NRS, PC1/53, 382.

1. NRS, PC1/53, 382.

Sederunt, 3 April 1705, Edinburgh

Att Edinburgh the third day of Apryll Jaj vijc and fyve years1

A1705/4/12

Sederunt

Lord Chancellor; Marquis of Tweddale p.C.; Earl of Rothes p.s.; Marquis of Montrose; Earl of Roxburgh s.; Earl of Marr; Earl of Buchan; Earl of Glencairne; Earl of Hadingtoun; Earl of Loudoun; Earl of Forfar; Earl of Dunmore; Earl of Ruglen; Earl of Hyndfurd; Earl of Roseberrie; Lord Ballhaven; Lord Advocat; Lord Theasaurer Deput; Lord Justice Clerk; Lord Arniestoun; Lord Phesdo; Livt Generall George Ramsay; Mr Fr. Montgomrie; Laird of Blaccader; Laird of Ormiestoun younger; Lord Provest of Edinburgh

At Edinburgh 3 April 17051

A1705/4/12

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; [John Erskine] earl of Mar; [David Erskine] earl of Buchan; [William Cunningham] earl of Glencairn; [Thomas Hamilton] earl of Haddington; [Hugh Campbell] earl of Loudoun; [Archibald Douglas] earl of Forfar; [Charles Murray] earl of Dunmore; [John Hamilton] earl of Ruglen; [John Carmichael] earl of Hyndford; [Archibald Primrose] earl of Rosebery; [John Hamilton] Lord Belhaven; [Sir James Stewart of Goodtrees] lord advocate; [George Baillie of Jerviswood] lord treasurer depute; [Adam Cockburn] lord justice clerk; [Robert Dundas] Lord Arniston; [Sir James Falconer] Lord Phesdo; Lieutenant General George Ramsay; Francis Montgomerie; [Sir John Home] laird of Blackadder; [John Cockburn] laird of Ormiston younger; [Sir Patrick Johnston] lord provost of Edinburgh

1. NRS, PC1/53, 381.

2. NRS, PC1/53, 381.

1. NRS, PC1/53, 381.

2. NRS, PC1/53, 381.