Tag Archives: acta

Warrant, 15 February 1705, Edinburgh

Posted on by

Att Edinburgh the Fyfteinth day of February Jaj vijc and fyve years

A1705/2/191

Warrant

Approbation of the Report of the Committie anent the murder att Pittenweem

The Lords of her Majesties Privie Counsell Doe heirby Nominat and appoynt the Earles of Rothes and Hadingtoun, Lords Yester, Advocat and Ensteruther to be a Committie to inquyre into the murder Committed upon a woman in Pittenweem as Suspect of witchcraft, And recommends To the said Committie to meet to morrow at twelve acloak in the midd-day, And call for Baillie Couts in Pittenweem, and know at him why he Suffered the said murder to be committed and did not keep the publict peace in the place, And Appoynts the Solicitors to cite the rest of the Magistrats of the said burgh of Pittenweem to appear befor the Said Committie, and answer to what Shall be laid to their charge for ther not keeping the peace of the place as said is, And declairs any three of the said Committie a Quorum, And to report, Report of the Committie appoynted to enquyre after the murder committed at Pittenweem att Edinburgh the fourteinth day of February Jaj vijc and fyve yeirs, Sederunt the Earle of Rothes, The Lord Yester, the Lord Ensteruther, and her Majesties Advocat, The Baillies Compearing and haveing given in a Subscribed Information of the matter of fact, with a double of the precognition taken by them anent the murder of Janet Cornfoot, They find that the said Janet was brought from the parish of Lewchars by two men to the town of Pittenweem wpon the threttieth of January Last about Six acloak at night, that the men brought her first to the Minister after She had Stayed a Litle in a private house of the town, And that the Minister being for the tyme at Baillie Cooks house, She was brought befor Baillie Cooks foor, but not imediatly Secured as She ought to have been; That when the officer Peter Innes after a litle tyme was found, and Sent to Secure her, the rable was wp, and that they deforced the officer, and made him flee, That the officer went to the other two Baillies, and gott ther verball orders, But they concerned themselves no further, That when Baillie Cook heard of the rable, he came out himselfe and dispersed them, and rescued the poor woman, but found her allmost halfe dead Lying within the Sea mark, That She being in that condition, Baillie Cook did not order her to prisone, but ordained the officer and four men to take her to a private house That they carried her to Nicolas Lawson’s, other houses being wnwilling to receive her, that befor Nicolas Lawson’s door She was again assaulted, cast down and murdered, And that it appears the principall Actors wer Rot Dalziell a Skippers Son, Walter Watsone in Bruntisland and one Groundwater ane Orknay man, all three fled; But that it also appears that John Ramsay, Andrew Flee and Alexander Mcgregor and Peter Innes the officer, four of the fyve that carried her ther, wer all present when the other persons murdered her, And yet non of them came back to tell any of2 the Baillies, That the Baillies have in prisone Rot Alexander, John Findlay, David Jack, and Andrew Flee, who wer also present when the poor woman was murdered, And that the murder happened about ellevine acloak at night, the poor woman haveing Sett doun befor the Said Nicolas Lawsons door, and changed her head cloaths, but then was barbarously cast into a gutter, and a door laid wpon her, and stones wpon the door, wherby they putt out her lyfe, That John Greenhorne and Thomas Donaldson a Schooll-boy wer actors, but are fled with two more, who are English men, Sic Subscribitur Rothes P.C. The Saids Lords doe heirby Recommend to Sir James Steuart her Majesties Advocat to raise a proces and lybell at his instance befor their Lordships Against the Magistrats of Pittenweem for ther not keeping the peace of the place, And Suffering Such tumults and rables, and other Such outrages to be committed within their burgh, And not Suppressing the Samen, As also Recommends to the Said Lord Advocat to raise a proces at his lordships instance befor the Lords Commissioners of Justiciary Against Robert Alexander, John Findlay, David Jack and Andrew Flee, and Peter Innes the officer, or any other persons who have had any3 hand in and been accessory to the murder comitted wpon the presence of Janet Cornfoot att Pittenweem, And that the Lord Advocat insist therin to the finall end and decision therof; And appoynt the foirnamed persons that are prisoners In the Tollbooth of Pittenweem to be transported from thence to Edinburgh, And gives order and warrand to the Keepers of the Tollbooth of Edinburgh, to receive them prisoners, Keep, hold and detaine them therin till furder orders.

At Edinburgh 15 February 1705

A1705/2/191

Warrant

Approbation of the report of the committee concerning the murder at Pittenweem

The lords of her majesty’s privy council do hereby namimate and appoint [John Leslie] earl of Rothes, [Thomas Hamilton] earl of Haddington, [Charles Hay] Lord Yester, [Sir James Stewart of Goodtrees] lord advocate, and [Sir William Anstruther] Lord Anstruther to be a committee to inquire into the murder committed upon a woman in Pittenweem as suspect of witchcraft, and recommend to the said committee to meet tomorrow at 12 o’clock in the midday. And call for Bailie Coutts in Pittenweem, and know at him why he suffered the said murder to be committed and did not keep the public peace in the place. And appoint the solicitors to cite the rest of the magistrates of the said burgh of Pittenweem to appear before the said committee, and answer to what shall be laid to their charge for their not keeping the peace of the place as said is. And declare any three of the said committee a quorum, and to report. Report of the committee appointed to inquire after the murder committed at Pittenweem: At Edinburgh 14 February 1705, sederunt [John Leslie] earl of Rothes, [Charles Hay] Lord Yester, [Sir William Anstruther] Lord Anstruther, and [Sir James Stewart of Goodtrees] her majesty’s advocate. The bailies appearing and having given in a subscribed information of the matter of fact, with a double of the precognition taken by them concerning the murder of Janet Cornfoot, they find that the said Janet was brought from the parish of Leuchars by two men to the town of Pittenweem upon 13 January last, about 6 o’clock at night. That the men brought her first to the minister after she had stayed a little in a private house of the town, and that the minister being for the time at Bailie Cook’s house, she was brought before Bailie Cook’s door, but not immediately secured as she ought to have been. That when the officer Peter Innes, after a little time was found and sent to secure her, the rabble was up, and that they deforced the officer, and made him flee. That the officer went to the other two bailies, and got their verbal orders, but they concerned themselves no further. That when Bailie Cook heard of the rabble, he came out himself and dispersed them, and rescued the poor woman, but found her almost half dead lying within the sea mark. That she being in that condition, Bailie Cook did not order her to prison, but ordained the officer and four men to take her to a private house. That they carried her to Nicolas Lawson’s, other houses being unwilling to receive her, [and] that before Nicolas Lawson’s door she was again assaulted, cast down, and murdered. And that it appears the principal actors were Robert Dalziel, a skipper’s son, Walter Watson in Burntisland, and one Groundwater, an Orkney man, all three fled. But that it also appears that John Ramsay, Andrew Flee, Alexander MacGregor, and Peter Innes the officer, four of the five that carried her there, were all present when the other persons murdered her, and yet none of them came back to tell any of the bailies. That the bailies have in prison Robert Alexander, John Findlay, David Jack, and Andrew Flee, who were also present when the poor woman was murdered. And that the murder happened about 11 o’clock at night, the poor woman having sat down before the said Nicolas Lawson’s door, and changed her head clothes, but then was barbarously cast into a gutter, and a door laid upon her, and stones upon the door, whereby they put out her life. That John Greenhorn and Thomas Donaldson, a schoolboy were actors, but are fled with two more, who are English men, Sic Subscribitur Rothes P.C. The said lords do hereby recommend to Sir James Stewart, her majesty’s advocate, to raise a process and libel at his instance before their lordships against the magistrates of Pittenweem for their not keeping the peace of the place, and suffering such tumults and rabbles, and other such outrages to be committed within their burgh, and not suppressing the same. As also recommend to the said lord advocate to raise a process at his lordship’s instance before the lord commissioners of justiciary against Robert Alexander, John Findlay, David Jack, and Andrew Flee, and Peter Innes the officer, or any other persons who have had any hand in and been accessory to the murder committed upon the presence of Janet Cornfoot at Pittenweem. And that the lord advocate insist therein to the final end and decision thereof. And appoint the forenamed persons that are prisoners in the tolbooth of Pittenweem to be transported from thence to Edinburgh. And givee order and warrant to the keepers of the tolbooth of Edinburgh to receive them prisoners, keep, hold, and detain them therein until further orders.

1. NRS, PC1/53, 358-9.

2. The phrase ‘any of’ an insertion.

3. Insertion.

1. NRS, PC1/53, 358-9.

Act, 15 February 1705, Edinburgh

Posted on by

Att Edinburgh the Fyfteinth day of February Jaj vijc and fyve years

A1705/2/181

Act

Act Nameing Assessors to the Judges of the high Court of Admirality In the tryall of Captain Green and Crew

Anent the petition given in and presented to the Lords of her Majesties privie Counsell By Sir Robert Forbes and Mr James Graham Judges of the high Court of Admiralitie, Shewing That ther lordships haveing been 2 pleased to appoynt Captain Green and others of the Crew of the Shipe the Worchester to be tryed befor them the petitioners as guilty of Pirracie and other crymes; And Seing this matter is of great Import, And that ther lordships upon Such occasions have been pleased to appoynt3 Some of ther own number4 to assist as assessors, Especiallie Seing the affair hes been already befor the Saids Lords, And that they wer acquainted with the wholl Steps therof; Therfor humbly intreating ther lordships would upon this occasion Name so many assessors, as their lordships Should think fitt to assist the petitioners in the forsaid tryall; as the said Petition bears, The Lords of her Majesties Privie Counsell haveing considered the above petition given in to them by Sir Robert Forbes and Mr James Graham Judges of the high Court of Admiralitie, And the Samen being read in their presence, The Saids Lords Doe heirby Nominat and Appoynt the Earle of Loudoun, Lord Ballhavine, Lord Arniestoun, Sir John Home of Blaccader, and John Cockburne younger of Ormiestoun, to be Assessors to the petitioners, and assist and vote with them In the tryall at the procurator Fiscalls instance Against Captain Thomas Green Commander of the Shipe the Worchester, and others of his ships Crew befor the said high Court of Admiralitie for ther being guiltie of Pirracie and other crymes, And that to the finall end and decision therof.

At Edinburgh 15 February 1705

A1705/2/181

Act

Act naming assessors to the judges of the high court of admiralty in the trial of Captain Green and crew

Concerning the petition given in and presented to the lords of her majesty’s privy council B=by Sir Robert Forbes and Mr James Graham, judges of the high court of admiralty, showing that therr lordships having been pleased to appoint Captain [Thomas] Green and others of the crew of the ship the Worcester to be tried before them the petitioners as guilty of piracy and other crimes; and seeing this matter is of great import, and that their lordships upon such occasions have been pleased to appoint some of their own number to assist as assessors, especially seeing the affair has been already before the said lords, and that they were acquainted with the whole steps thereof. Therefore humbly intreating their lordships would upon this occasion name so many assessors as their lordships should think fit to assist the petitioners in the foresaid trial, as the said petition bears. The lords of her majesty’s privy council, having considered the above petition given in to them by Sir Robert Forbes and Mr James Graham, judges of the high court of admiralty, and the same being read in their presence, the said lords do hereby nominate and appoint [Hugh Campbell] earl of Loudoun, [John Hamilton] Lord Belhaven, [Robert Dundas] Lord Arniston, Sir John Home of Blackadder, and John Cockburn, younger of Ormiston, to be assessors to the petitioners, and assist and vote with them in the trial at the procurator fiscal’s instance against Captain Thomas Green, commander of the ship the Worcester, and others of his ship’s crew, before the said high court of admiralty for their being guilty of piracy and other crimes, and that to the final end and decision thereof.

1. NRS, PC1/53, 358.

2. Two illegible words scored out here.

3. The word ‘Assessors’ scored out here.

4. The word ‘as’ scored out here.

1. NRS, PC1/53, 358.

Sederunt, 15 February 1705, Edinburgh

Posted on by

Att Edinburgh the Fyfteinth day of February Jaj vijc and fyve years1

A1705/2/172

Sederunt

Lord Chancellor; Marquis of Annandale P.C.; Earl of Rothes P.S.; Earl of Craufurd; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Levine; Earl of Dunmore; Earl of Ruglen; Earl of Roseberrie; Lord Yester; Lord Ballhavine; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Arniestoun; Lord Hallcraig; Lord Ensteruther; Mr Fr Montgomrie; Laird of Blaccader; Laird of Ormiestoun younger; Lord Provest of Edinburgh

At Edinburgh 15 February 17051

A1705/2/172

Sederunt

[John Hay, marquis of Tweeddale] lord chancellor; [William Johnston] marquis of Annandale, president of council; [John Leslie] earl of Rothes, lord privy seal; [John Lindsay] earl of Crawford; [David Erskine] earl of Buchan; [John Maitland] earl of Lauderdale; [Hugh Campbell] earl of Loudoun; [David Melville] earl of Leven; [Charles Murray] earl of Dunmore; [John Hamilton] earl of Ruglen; [Archibald Primrose] earl of Rosebery; [Charles Hay] Lord Yester; [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 Hamilton] Lord Halcraig; [Sir William Anstruther] Lord Anstruther; 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, 358.

2. NRS, PC1/53, 358.

1. NRS, PC1/53, 358.

2. NRS, PC1/53, 358.

Warrant, 13 February 1705, Edinburgh

Posted on by

Att Edinburgh the Thirteinth day of February Jaj vijc and fyve years

A1705/2/161

Warrant

Warrand to Meacers to advertise the Advocats To attend the Lord Advocat

The Lords of her Majesties Privie Counsell, Doe heirby Appoynt and Ordaine their Meacers to advertise the two Solicitors, Sir Patrick Hume, Sir Gilbert Elliot, Mr Alexander Mcleod, and Mr Francis Grant, Assistants named by the saids Lords to the procurator Fiscall of the Admirality Court To attend Sir James Steuart her Majesties Advocat when Called, As also Mr Roderick Mckenzie Clerk to the Affrican Company to attend the Lord Advocat, and Assistants forsaid with the Journall books and other wrytts and papers in his custody.

At Edinburgh 13 February 1705

A1705/2/161

Warrant

Warrant to macers to advertise the advocates to attend the lord advocate

The lords of her majesty’s privy council, do hereby appoint and ordain their macers to advertise the two solicitors, Sir Patrick Hume, Sir Gilbert Elliot, Mr Alexander Macleod, and Mr Francis Grant, assistants named by the said lords to the procurator fiscal of the admiralty court, to attend Sir James Stewart, her majesty’s advocate when called. As also Mr Roderick Mackenzie, clerk to the African Company, to attend the lord advocate and assistants foresaid with the adjournal books and other writs and papers in his custody.

1. NRS, PC1/53, 357.

1. NRS, PC1/53, 357.

Act, 13 February 1705, Edinburgh

Posted on by

Att Edinburgh the Thirteinth day of February Jaj vijc and fyve years

A1705/2/151

Act

Act In favours of Captain Green and Crew

Anent the Supplication given in and presented to the Lords of her Majesties Privie Counsell by Captain Thomas Green Commander of the Worchester, John Maders chiefe Mate, John Reynolds Secund Mate, Thomas Lintstide Assistant to the deceased Supercargo, James Sympson Gunner, Henry Kigill Carpenter, James Burne Boatswine, Samuell Urline Carpenters Mate, Andrew Rotsone Gunners Mate, Samuell Wilcocks Chirurgions Mate, John Brockly Cowper, George Kilchine Quarter-Master, John Ballingtoun Quarter-Master George Haynes Steuart, Alexander Taylior Foirmast man, Henry Barnes Idem, Shewing That wher the Saids Lords by ther Act the Twentie fyfth of January Last bypast In answer to ane petition given in by the Supplicants, Did ordaine them to be alimented dureing ther incarceration as they had been formerly befor that tyme, And they being alimented by Mr Roderick Mckenzie In name of the Affrican Company at one Shilling Sterling per day befor ther Imprisonement, They did requyre the Said Roderick by way of Instrument to pay them ther bygone aliment And to intertaine them as formerly, And ane Instrument on the back therof, theirwith produced, They humbly begged leave to lay befor the Saids Lords ther Starving condition heir in prisone wher they have now remained these Six weeks bypast and wpwards, dureing which tyme they had nothing, but what was furnished them wpon the faith and credite that the saids Lords would in Justice, as they had done, Ordaine them to be alimented; But now Seeing the Saids Lords ther Act had not taken effect, nor received due obedience, no persone will credite them any farder, So that they wer in danger of dying by reasone of Cold and hunger, which they hoped the Saids Lords would by ther Justice and clemencie prevent, For if they after tryall wer found guilty of what is laid to ther charge, they would willingly Submitt to Justice, But if Innocent as truly they wer, then it wer very hard, that they Should Suffer death by reasone of ther incarceration and want of necessary Subsistance; They lykewayes further begged leave to represent to the Saids Lords that by the practise of all Europe Yea it is the Law of all Nations that all pairties who are putt in wpon the accompt of crymes, Should be mantained untill their tryall; Otherwayes ane Innocent persone might come to Suffer death befor his tryall, And malitious persons might work ther revenge without any controle, And when pairties wer Incarcerat for civill debts, the Justice of the Nation hes provyded ane remedy In favours of Indigent debitors; And Therfor humbly begging the Saids Lords would be pleased to take ther miserable condition to ther Serious consideration, And would fall wpon Some methode for ther being alimented, while Imprisoned to prevent ther death by Cold and hunger, As the Said Petition bears; And als Anent another petition and representation given in and presented to the Saids Lords of her Majesties privie Counsell by Mr Roderick Mckenzie Secretary to the Indian and Affrican Company for himselfe and in name and behalfe of the said Companie, Humbly Shewing That wheras by the saids Lords delyverance on two Severall Petitions of Captain Green and his Crew the twentie fyfth of January Last, and eight of February instant, The Saids Lords wer pleased to appoynt and Ordaine that they Should be alimented by the Said Companie at one Shilling Sterling per diem, that the Same Should be payed wp and continued to them dureing ther Imprisonement, And had ordered that horning Should proceed against the petitioner for the Same, And declaired that the Said aliment Should affect the Cargo of the Shipe Worchester, The petitioner could not but be extreamly Surpryzed at Such pairt therof as concerns him in particular Since he hes neither any pairt of the Said Cargo in his possession, nor is intrusted by the Government, nor hes one Single pennie of the said Companys money in his hand In respect wherof he humbly hoped the Saids Lords would be pleased to recall ther order, at Least insofarr as directly concerned the petitioner; That Since Captain Green and his officers have Sufficient credite, not only to maintaine themselves, But lykewayes to answer all their other occasions, and wer never mantained by the said Company at a Shilling per diem, as was falsely represented to the saids Lords, It was humbly conceaved that they ought farr less to be so now, when the Company hes not alltogether the possession of the effects of that Ship as they had formerly; That if such of the crew as wer formerly mantained by the Company at a Shilling per diem Shall Still, by the saids Lords authoritie, have mantenance from the Company, It ought at least to be restricted to Such a moderat allowance, as is commonly given to state prisoners of ther qualitie, especiallie Since Some of them have for severall weeks been mantained to ther contentment by the keepers of Edinburgh, Cannongat Leith and Bruntisland Tollbooths at Six pence per diem each, And it is hoped that what the Company did formerly, meerly in generositie, may not now be urged as a precedent to their prejudice by any compulsory Act; That two of the persons formerly alimented by the Company viz Samull Urline and Henry Barns haveing only been engaged by Captain Green at Bengall long after his comeing from the coast of Mallabar, It was humbly offerred to the saids Lords consideration whither it may not be thought ane unnecessary hardshipe and expence to continue them prisoners, wnder the Same treatment with those who are accused of horrid crymes, as the said petition lykewayes bears; The Lords of her Majesties Privie Counsell haveing this day considered the within petition given in to them by Mr Roderick Mckenzie Together with another petition given in by Captain Thomas Green Commander of the Shipe the Worchester, Captain John Madder chiefe Mate and Severall others of his Shipe and Crew, And the Samen being read in their presence, The Saids Lords have restricted and heirby Restricts the aliment formerly payed and appoynted to be payed by the said Mr Roderick Mckenzie to these of Captain Greens Crew who wer formerly alimented by the Company, and each of them to Six Shilling Scots a day, except as to Such of them as are prisoners in the Castell of Edinburgh, And continues their aliment as formerly being to them twelve Shilling Scots per diem, And appoynts the Saids Mr Roderick Mckenzie to make payment therof accordingly to such of the said crew as are above mentioned; And Letters of horning under the Signet of Counsell wpon fyftein dayes to be directed heirwpon at the instance of the foirnamed persons, whose names and designations Shall be given in wnder their hand, Against the said Mr Roderick Mckenzie for payment therof as said is; And Appoynts and Ordains Samuell Urline, and Henry Barnes two of the said Captain Greens Crew, and who engaged with him after he came from the coast of Mallabar, To be sett at Liberty furth of the Tollbooth of […] And Gives order and warrand to the Magistrats of […] and keepers of ther Tollbooth to Sett them at Liberty accordingly, And refuses the desyre of Captain Greens bill, and such others of his Crew and Company, as wer not formerly alimented by the Affrican Company befor their committment.

At Edinburgh 13 February 1705

A1705/2/151

Act

Act in favour of Captain Green and crew

Concerning the supplication given in and presented to the lords of her majesty’s privy council by Captain Thomas Green, commander of the Worcester, John Maders chief mate, John Reynolds second mate, Thomas Lintstide assisstant to the deceased supercargo, James Simpson gunner, Henry Kigill carpenter, James Burne boatswain, Samuel Urline carpenter’s mate, Andrew Rotsone gunner’s mate, Samuel Wilcocks surgeon’s mate, John Brockly cooper, George Kilchine quartermaster, John Ballington quartermaster, George Haynes steward, Alexander Taylor foremast-man, Henry Barnes foremast-man, showing that where the said lords by their act [of] 25 January last bypast in answer to a petition given in by the supplicants, did ordain them to be maintained during their incarceration as they had been formerly before that time, And they being maintained by Mr Roderick Mackenzie in name of the African Company at one shilling Sterling per day before their imprisonment, they did require the said Roderick by way of instrument to pay them their bygone maintenance, and to entertain them as formerly. And an instrument on the back thereof, therewith produced, they humbly begged leave to lay before the said lords their starving condition here in prison, where they have now remained these six weeks bypast and upwards, during which time they had nothing but what was furnished them upon the faith and credit that the said lords would in justice, as they had done, ordain them to be maintained. But now seeing the said lords their act had not taken effect, nor received due obedience, no person will credit them any further, so that they were in danger of dying by reason of cold and hunger, which they hoped the said lords would by their justice and clemency prevent. For if they after trial were found guilty of what is laid to their charge, they would willingly submit to justice, but if innocent, as truly they were, then it were very hard, that they should suffer death by reason of their incarceration and want of necessary subsistence. They likewise further begged leave to represent to the said lords that, by the practice of all Europe, yea it is the law of all nations, that all parties who are put in upon the account of crimes, should be maintained until their trial; otherwise an innocent person might come to suffer death before his trial, and malicious persons might work their revenge without any control. And when parties were incarcerated for civil debts, the justice of the nation has provided a remedy in favour of indigent debtors. And therefore humbly begging [that] the said lords would be pleased to take their miserable condition to their serious consideration, and would fall upon some method for their being maintained while imprisoned to prevent their death by cold and hunger, as the said petition bears. And also concerning another petition and representation given in and presented to the said lords of her majesty’s privy council by Mr Roderick Mackenzie, secretary to the Indian and African Company, for himself and in name and [on] behalf of the said company, humbly showing that, whereas by the said lords’ deliverance on two several petitions of Captain Green and his crew [on] 25 January last and 8 February instant, the said lords were pleased to appoint and ordain that they should be maintained by the said company at one shilling Sterling per day, that the same should be payed up and continued to them during their imprisonment, and had ordered that horning should proceed against the petitioner for the same, and declared that the said maintenance should effect the cargo of the ship Worcester, the petitioner could not but be extremely surprised at such part thereof as concerns him in particular, since he has neither any part of the said cargo in his possession, nor is entrusted by the government, nor has one single penny of the said company’s money in his hand. In respect whereof he humbly hoped the said lords would be pleased to recall their order, at least insofar as directly concerned the petitioner. That since Captain Green and his officers have sufficient credit, not only to maintain themselves, but likewise to answer all their other occasions, and were never maintained by the said company at a shilling per day, as was falsely represented to the said lords, it was humbly conceived that they ought far less to be so now, when the company has not altogether the possession of the effects of that ship as they had formerly. That if such of the crew as were formerly maintained by the company at a shilling per day shall still, by the said lords’ authority, have maintenance from the company, it ought at least to be restricted to such a moderate allowance, as is commonly given to state prisoners of their quality, especially since some of them have for several weeks been maintained to their contentment by the keepers of Edinburgh, Canongate, Leith, and Burntisland tolbooths at six pence per day each. And it is hoped that what the company did formerly, merely in generosity, may not now be urged as a precedent to their prejudice by any compulsory act. That two of the persons formerly maintained by the company, viz Samuel Urline and Henry Barns, having only been engaged by Captain Green at Bengal, long after his coming from the coast of Malabar, it was humbly offered to the said lords’ consideration whither it may not be thought an unnecessary hardship and expense to continue them prisoners, under the same treatment with those who are accused of horrid crimes, as the said petition likewise bears. The lords of her majesty’s privy council having this day considered the within petition given in to them by Mr Roderick Mackenzie, together with another petition given in by Captain Thomas Green, commander of the ship the Worcester, Captain John Madder chief mate, and several others of his ship and crew, and the same being read in their presence, the said lords have restricted and hereby restricts the maintenance formerly paid and appointed to be paid by the said Mr Roderick Mackenzie to those of Captain Green’s crew who were formerly maintained by the company, and each of them to 6 shilling Scots a day, except as to such of them as are prisoners in the castle of Edinburgh, and continues their maintenance as formerly being to them 12 shilling Scots per day. And appoints the said Mr Roderick Mackenzie to make payment thereof accordingly to such of the said crew as are above mentioned. And letters of horning under the signet of council upon 15 days to be directed hereupon at the instance of the forenamed persons, whose names and designations shall be given in under their hand, against the said Mr Roderick Mackenzie for payment thereof as said is. And appoint and ordain Samuel Urline and Henry Barnes, two of the said Captain Green’s crew, and who engaged with him after he came from the coast of Malabar, to be set at liberty forth of the tolbooth of […]. And give order and warrant to the magistrates of […] and keepers of their tolbooth to set them at liberty accordingly. And refuse the desire of Captain Green’s bill, and such others of his crew and company as were not formerly maintained by the African Company before their committal.

1. NRS, PC1/53, 355-7.

1. NRS, PC1/53, 355-7.

Act, 13 February 1705, Edinburgh

Posted on by

Att Edinburgh the Thirteinth day of February Jaj vijc and fyve years

A1705/2/141

Act

Act and Warrand approveing of the Committies Report anent Captain Greens Crew and nameing assistants to the procurator Fiscall of Admiralitie

Committie anent Captain Green and his Crew, Sederunt Lord Chancellor, Marques of Annandale, Earles of Hadingtoun, Levine, Ruglen, Lords Yester, Ballhavine, Advocat, Theasaurer Deput, Ensteruther Sir John Hume and Ormiestoun att Edinburgh the twelth of February instant, It’s the oppinion of the Committie that my Lord Chancellor Should wryt to Court for remissions to Charles May Chirurgeon, Antonio Ferdinando Cooks mate, Antonio Francisco the Captains Mate, George Hames Steuart, George Glen Quarter-Master, Alexander Tailzier Formast-man, And that the tryall Against Captain Green and his Crew Should be perused befor the Admirall Court, And that Assessors Should be named to the Judges and assistants to the procurator Fiscall Sic Subscribitur Tweeddale Cancellar I.P.C. The above report of the Committie anent Captain Green Commander of the Shipe the Worchester and his Crew, being this day read In presence of the Lords of her Majesties privie Counsell, The Samen was voted and approven; And the saids Lords doe heirby Nominat and appoynt Sir James Steuart her Majesties Advocat, Sir David Dalrymple and Mr William Carmichell her Majesties Solicitors, Sir Patrick Hume, and Sir Gilbert Elliot, Mr Alexander Mccleod, and Mr Francis Grant, To be assistants to Master Alexander Meggins procurator fiscall to the Admirall Court, In prosecuteing the lybell and Indytement to be given at his instance Against the said Captain Green and his Crew befor the Admirall Court to the finall end and decision therof, And the saids Lords declaires that they will nixt Councill day Name fyve of their own number to be assessors to the Judges of Admirality dureing the dependance of the forsaid proces, And recommends to the Lords of Theasaurie to pay the Lawyers that are Imployed to be assistants accordingly.

At Edinburgh 13 February 1705

A1705/2/141

Act

Act and warrant approving of the committee’s report concerning Captain Green’s crew and naming assistants to the procurator fiscal of admiralty

Committee concerning Captain [Thomas] Green and his crew, sederunt [John Hay, marquis of Tweeddale] lord chancellor, [William Johnston] marquis of Annandale, [Thomas Hamilton] earl of Haddington, [David Melville] earl of Leven, [John Hamilton] earl of Ruglen, [Charles Hay] Lord Yester, [John Hamilton] Lord Belhaven, [Sir James Stewart of Goodtrees] lord advocate, [George Baillie of Jerviswood] lord treasurer depute, [Sir William Anstruther] Lord Anstruther, Sir John Hume and [John Cockburn] laird of Ormiston younger. At Edinburgh 12 February instant. It’s the opinion of the committee that my lord chancellor should write to court for remissions to Charles May, surgeon, Antonio Ferdinando, cook’s mate, Antonio Francisco, the captain’s mate, George Hames, steward, George Glen, quartermaster, Alexander Tailor foremast-man, and that the trial against Captain Green and his crew should be pursued before the admiralty court, and that assessors should be named to the judges, and assistants to the procurator fiscal Sic Subscribitur Tweeddale chancellor I.P.C. The above report of the committee concerning Captain Green, commander of the ship the Worcester and his crew, being this day read in presence of the lords of her majesty’s privy council, the same was voted and approved. And the said lords doe hereby nominate and appoint Sir James Stewart, her majesty’s advocate, Sir David Dalrymple, and Mr William Carmichael, her majesty’s solicitors, Sir Patrick Hume, and Sir Gilbert Elliot, Mr Alexander Macleod, and Mr Francis Grant, to be assistants to Master Alexander Meggins, procurator fiscal to the admiralty court, in prosecuting the libel and indictment to be given at his instance against the said Captain Green and his crew before the admiralty court to the final end and decision thereof. And the said lord declare that they will next council day name five of their own number to be assessors to the judges of admiralty during the dependence of the foresaid process. And recommend to the lords of treasury to pay the lawyers that are employed to be assistants accordingly.

1. NRS, PC1/53, 355.

1. NRS, PC1/53, 355.

Sederunt, 13 February 1705, Edinburgh

Posted on by

Att Edinburgh the Thirteinth day of February Jaj vijc and fyve years1

A1705/2/132

Sederunt

Lord Chancellor; Marquis of Annandale P.C.; Earl of Rothes P.S.; Earl of Crafurd; Earl of Buchan; Earl of Hadingtoun; Earl of Loudoun; Earl of Levine; Earl of Dunmore; Earl of Ruglen; Earl of Hyndfurd; Earl of Roseberrie; Lord Yester; Lord Ballhavine; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Ensteruther; Mr Fr Montgomrie; Laird of Blaccader; Laird of Ormiestoun younger; Lord Provest of Edinburgh

At Edinburgh 13 February 17051

A1705/2/132

Sederunt

[John Hay, marquis of Tweeddale] lord chancellor; [William Johnston] marquis of Annandale, president of council; [John Leslie] earl of Rothes, lord privy seal; [John Lindsay] earl of Crawford; [David Erskine] earl of Buchan; [Thomas Hamilton] earl of Haddington; [Hugh Campbell] earl of Loudoun; [David Melville] earl of Leven; [Charles Murray] earl of Dunmore; [John Hamilton] earl of Ruglen; [John Carmichael] earl of Hyndford; [Archibald Primrose] earl of Rosebery; [Charles Hay] Lord Yester; [John Hamilton] Lord Belhaven; [Sir James Stewart of Goodtrees] lord advocate; [George Baillie of Jerviswood] lord treasurer depute; [Adam Cockburn] lord justice clerk; [Sir William Anstruther] Lord Anstruther; 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, 355.

2. NRS, PC1/53, 355.

1. NRS, PC1/53, 355.

2. NRS, PC1/53, 355.

Proclamation, 9 February 1705, Edinburgh

Posted on by

Att Edinburgh the Nynth day of February Jaj vijc and fyve yeirs

A1705/2/121

Proclamation

Proclamation against Papists

Proclamation Against Papists being this day Read, was ordained to be published, printed and Recorded, wherof the tenor follows.
Anne by the Grace of God Queen of great Brittaine, France and Irland defender of the faith To […] meacers of our privie Councill messengers at armes our Shirreffs in that pairt Conjunctllie and Severallie Speciallie constitut Greeting Forasmuch as it is highly conduceing to the glory of God, the preservation of the true protestant religion, and the securitie of the peace and quiet of this our antient kingdome That popery be suppressed, and the grouth therof hindered, And the laws and acts of parliament made for that effect, (which have been of late too much contemned and neglected), putt to Strict and vigorous execution, And that by the same laws, It is expressly declaired that non shall be repute as Lyoall and faithfull subjects to ws and our authority, but be punishable as gainstanders of the same, who shall not make profession of the said true protestant religion Therfore wee with advyce of the Lords of our Privie Counsell have Ordained and heirby Ordaine and requyre all Shirreffs, Steuarts, Lords of Regalitie, Baillies of Bailliaries and ther deputs, and all Magistrats of burghs Royall, each of them within their respective bounds, To inquyre dilligently after all knowen papists, and to take up the Lists of their names, Sirnames and designations, and to transmit the same authentickly subscribed by themselves or ther Clerks betwixt and the dayes aftermentioned Viz Betwixt and the eight day of March nixt to come for this syde of Tay, and betwixt and the third day of Aprylle nixt therafter for the other syde of the said river of Tay, To the Clerks of our privie Counsell, and report their certificats therwpon; As also that in the mean tyme, and immediatly after the publication heirof they take care to disarme the saids papists of all sorts of armes whatsomever, as lykewayes to take from them all horses belonging to them or in ther possession of above ane hundredth merks pryce, And that wherever the saids armes or horses can be found either in ther own, or in the keeping of others, And to secure the saids armes and horses to be disposed upon as the Lords of our Privie Counsell shall think fit to appoynt; Certifieing both the owners and keepers, who shall not within six dayes after proclamation heirof; produce and exhibite the saids horses and armes, they shall Incurr the penaltie of ane Thousand merks, The one halfe to the Informer, and the other to her Majesties use Lykeas the better to prevent all Shifting and concealling in defraud of this our Proclamation, It is heirby declaired that what armes and horses Shall be found to have beein in the possession of the saids Papists, or any for ther behooff for the Space of Twentie dayes befor the publication heirof, Shall be lyable to the forsaid Seazure, as if in the present possession of the saids Papists themselves, or any others for their behoofe, Certifieing the saids Shirreffs, Steuarts, Lords of Regalitie, Baillies and ther deputs, with the saids Magistrats of burghs, who Shall be negligent to execute these our orders in the premisses, and who Shall not doe all necessary dilligence for rendering the same effectuall after information duly offered to them for that effect, and make report to the Clerks of our Privie Counsell of ther dilligence in the premisses betwixt and the dayes of March and Apryll respective abovementioned, That they Shall be lyable to all highest pains that came in Law be Inflicted for ther said neglect or contempt; And becaus that by Law, heads of Clanns or of Branches of Clans, are lyable for all ther men, tennants and servants Therfor it is heirby farder Declaired that this Proclamation Shall extend to and comprehend all the saids heads of Clans, or heads of Branches of Clanns comonly called Chiftains who are Papists, And in use to bind for ther respective Clanns and Branches therof; Requyreing heirby and Ordaining the saids shirreffs, and other officiars of the law abovementioned to putt thir presents to execution both against the saids heads and Chiftains, And against all ther saids men tennants and dependers for whom they are knowen to be answerable, with all exact care and dilligence In maner and with certification as above exprest, And becaus ther cane be nothing of greater advantage for repressing of Poperie and hindering the grouth therof, then the putting of the saids Laws and acts of Parliament to Strict execution against all Preists, Jesuits and trafiqueing papists and ther recepters and against their Massing and other Superstitious meetings, Therfore wee not only Command and Requyre the saids Shirreffs, Steuarts, Lords of Regalitie, Baillies and ther deputs, with all the saids Magistrats of burghs to putt the saids Laws in execution for Seaseing, apprehending, discovering, and otherwayes Suppressing the saids persons And ther Massings and meeting houses, According to the tenor of the saids Laws and Acts of parliament, And as they will be answerable to ws in that pairt, But wee farder with advyce forsaid, Doe heirby Assure that whosoever Shall discover and Sease any Preist, Jesuit or trafiqueing Papist or recepter of these persons, So as they Shall be convicted In the terms and maner prescrybed by the act of Parliament Jaj vijc aftermentioned, wpon Certificat of the said Seazure and conviction befor any Judge competent, He Shall have the Soume of Fyve hundreth merks over and above his expenses for his reward Conforme to the act of parliament Jaj vijc Entituled for preventing the grouth of Poperie, And that wee will be carefull to See the forsaid reward punctuallie payed Conforme to the tenor of the said Act, which with the haill acts above mentioned wee again recommend and ordaine to be putt to due and punctuall execution in all poynts Our Will is Heirfore and wee charge yow Strictly and Command that in continent thir our Letters Seen ye pass to the mercat Cross of Edinburgh and remanent mercat crosses of the remanent head burghs of the Severall Shyres and Steuarties within this our kingdome, And ther in our name and authority by open proclamation make Intimation heirof, that non may pretend ignorance, And Ordains our Solicitors to transmitt printed Coppies heirof to the Shirreffs of the severall Shyres of this kingdom, As also to all Steuarts and ther deputs, to be Sent by them to the Ministers of the parishes within ther respective bounds, and appoynts the saids Ministers to cause read and Intimate this our proclamation in their Churches befor the dissolution of the Congregation by the Minister himself or his reader, And ordains these presents to be printed and published; Given under our Signet at Edinburgh the nynth day of February 1705. And of our reigne the third year.

At Edinburgh 9 February 1705

A1705/2/121

Proclamation

Proclamation against papists

Proclamation against papists being this day read, was ordained to be published, printed, and recorded, whereof the tenor follows:
Anne, by the grace of God queen of Great Britain, France, and Ireland, defender of the faith, to […] macers of our privy council, messengers at arms, our sheriffs in that part conjunctly and severally specially constituted, greeting. Forasmuch as it is highly conducive to the glory of God, the preservation of the true Protestant religion, and the security of the peace and quiet of this our ancient kingdom, that popery be suppressed, and the growth thereof hindered, and the laws and acts of parliament made for that effect (which have been of late too much contemned and neglected) put to strict and vigorous execution. And that by the same laws, it is expressly declared that none shall be repute as loyal and faithful subjects to us and our authority, but be punishable as gainsayers of the same, who shall not make profession of the said true Protestant religion. Therefore we, with advice of the lords of our privy council, have ordained and hereby ordain and require all sheriffs, stewarts, lords of regality, bailies of bailiaries, and their deputes, and all magistrates of burghs royal, each of them within their respective bounds, to inquire diligently after all known papists, and to take up the lists of their names, surnames, and designations, and to transmit the same authentically subscribed by themselves or their clerks between [now] and the days after mentioned, viz between and 8 March next to come for this side of [the] Tay, and between [now] and 3 April next thereafter for the other side of the said river of Tay, to the clerks of our privy council, and report their certificates thereupon. As also that in the meantime, and immediately after the publication hereof, they take care to disarm the said papists of all sorts of arms whatsoever, as likewise to take from them all horses belonging to them or in their possession of above 100 merks price, and that wherever the said arms or horses can be found either in their own, or in the keeping of others. And to secure the said arms and horses to be disposed of as the lords of our privy council shall think fit to appoint. Certifying both the owners and keepers, who shall not within six days after proclamation hereof, produce and exhibit the said horses and arms, they shall incur the penalty of 1,000 merks, the one half to the informer, and the other to her majesty’s use. Likewise the better to prevent all shifting and concealing in defraud of this our proclamation, it is hereby declared that what arms and horses shall be found to have been in the possession of the said papists, or any for their behoof, for the space of 20 days before the publication hereof, shall be liable to the foresaid seizure, as if in the present possession of the said papists themselves, or any others for their behoof. Certifying the said sheriffs, stewarts, lords of regality, bailies and theirr deputes, with the said magistrates of burghs, who shall be negligent to execute these our orders in the premisses, and who shall not do all necessary diligence for rendering the same effectual after information duly offered to them for that effect, and make report to the clerks of our privy council of their diligence in the premisses between [now] and the days of March and April respective abovementioned, that they shall be liable to all [the] highest pains that can in law be inflicted for theirr said neglect or contempt. And because that by law, heads of clans or of branches of clans are liable for all their men, tenants, and servants, therefore it is hereby further declared that this proclamation shall extend to and comprehend all the said heads of clans, or heads of branches of clans, commonly called chieftains, who are papists and in use to bind for their respective clans and branches thereof, requiring hereby and ordaining the said sheriffs and other officers of the law abovementioned to put these presents to execution both against the said heads and chieftains, and against all their said men, tenants, and dependents for whom they are known to be answerable, with all exact care and diligence in manner and with certification as above expressed. And because there can be nothing of greater advantage for repressing of popery and hindering the growth thereof, than the putting of the said laws and acts of parliament to strict execution against all priests, Jesuits, and trafficking papists and their accomplices, and against their masses and other superstitious meetings, therefore we not only command and require the said sheriffs, stewarts, lords of regality, bailies and their deputes, with all the said magistrates of burghs, to put the said laws in execution for seizing, apprehending, discovering, and otherwise suppressing the said persons and their masses and meeting houses, according to the tenor of the said laws and acts of parliament, and as they will be answerable to us in that part, but we further, with advice foresaid, do hereby assure that whosoever shall discover and seize any priest, Jesuit, or trafficking papist, or accomplice of these persons, so as they shall be convicted in the terms and manner prescribed by the act of parliament [of] 1700 after mentioned, upon certification of the said seizure and conviction before any judge competent, he shall have the sum of 500 merks over and above his expenses for his reward, conform to the act of parliament [of] 1700 entitled ‘For preventing the growth of popery’. And that we will be careful to see the foresaid reward punctually paid, conform to the tenor of the said act, which with the whole acts above mentioned we again recommend and ordain to be put to due and punctual execution in all points. Our will is therefore and we charge you strictly and command that, immediately these our letters [are] seen you pass to the mercat cross of Edinburgh and remnant mercat crosses of the remnant head burghs of the several shires and stewartries within this our kingdom, and there in our name and authority by open proclamation make intimation hereof, that none may pretend ignorance. And ordain our solicitors to transmit printed copies hereof to the sheriffs of the several shires of this kingdom, as also to all stewarts and their deputes, to be sent by them to the ministers of the parishes within their respective bounds, and appoints the said ministers to cause read and intimate this our proclamation in their churches before the dissolution of the congregation by the minister himself or his reader. And ordain these presents to be printed and published. Given under our signet at Edinburgh 9 February 1705. And of our reign the third year.

1. NRS, PC1/53, 353-5.

1. NRS, PC1/53, 353-5.

Sederunt, 9 February 1705, Edinburgh

Posted on by

Att Edinburgh the Nynth day of February Jaj vijc and fyve yeirs1

A1705/2/112

Sederunt

Lord Chancellor; Marquis of Annandale p.c.; Earl of Rothes p.s.; Earl of Hadingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Levine; Earl of Dunmore; Earl of Ruglen; Earl of Hyndfurd; Earl of Roseberrie; Lord Yester; Lord Ballhaven; Lord Advocat; Lord Theasaurer Deput; Lord Justice Clerk; Lord Hallcraig; Lord Ensteruther; Mr Fr Montgomrie; Laird of Ormiestoun younger; Lord Provest of Edinburgh

Counsell called extraordinar

At Edinburgh 9 February 17051

A1705/2/112

Sederunt

[John Hay, marquis of Tweeddale] lord chancellor; [William Johnston] marquis of Annandale, president of council; [John Leslie] earl of Rothes, lord privy seal; [Thomas Hamilton] earl of Haddington; [John Maitland] earl of Lauderdale; Hugh Campbell] earl of Loudoun; [David Melville] earl of Leven; [Charles Murray] earl of Dunmore; [John Hamilton] earl of Ruglen; [John Carmichael] earl of Hyndford; [Archibald Primrose] earl of Rosebery; [Charles Hay] Lord Yester; [John Hamilton] Lord Belhaven; [Sir James Stewart of Goodtrees] lord advocate; [George Baillie of Jerviswood] lord treasurer depute; [Adam Cockburn] lord justice clerk; [Sir James Hamilton] Lord Halcraig; [Sir William Anstruther] Lord Anstruther; Francis Montgomerie; [John Cockburn] laird of Ormiston younger; [Sir Patrick Johnston] lord provost of Edinburgh

Counsell called extraordinar

1. NRS, PC1/53, 353.

2. NRS, PC1/53, 353.

1. NRS, PC1/53, 353.

2. NRS, PC1/53, 353.

Warrant, 8 February 1705, Edinburgh

Posted on by

Att Edinburgh the Eight day of February Jaj vjc and fyve years

A1705/2/101

Warrant

Warrand for Generall Maitland to continue the possession of fewall for the Garison of Fort William

The Lords of her Majesties privie Councill Doe heirby Appoynt and Ordaine Major Generall Maitland to continue the possession of feuall and other conveniencies for the Garison of Fort William as formerly, and to mantaine and defend himselfe therin and nominats and Appoynts the Lords Advocat, Theasaurer Deput and Justice Clerk to be a Committie to prepare a full representation of what past betwixt the Lords of Theasaurie and Duke of Gordon In reference to Fort-William, and Burgh of Barronie therto belonging that the Samen may be laid befor her Majestie, And recommends to the said Committie to meet to morrow morning at ten acloak in the foirnoon, And declairs any two a Quorum and to report.

 

At Edinburgh 8 February 1705

A1705/2/101

Warrant

Warrant for General Maitland to continue the possession of fuel for the garrison of Fort William

The lords of her majesty’s privy council do hereby appoint and ordain Major General [James] Maitland to continue the possession of fuel and other conveniences for the garrison of Fort William as formerly, and to maintain and defend himself therein. And nominate and appoint [Sir James Stewart of Goodtrees] lord advocate, [George Baillie of Jerviswood] lord treasurer depute and [Adam Cockburn] justice clerk to be a committee to prepare a full representation of what past between the lords of treasury and [George Gordon] duke of Gordon in reference to Fort-William, and [the] burgh of barony thereto belonging, that the same may be laid before her majesty. And recommend to the said committee to meet tomorrow morning at 10 o’clock in the forenoon, and declare any two a quorum, and to report.

 

1. NRS, PC1/53, 352-3.

1. NRS, PC1/53, 352-3.