A1705/4/22
A1705/4/222
Sederunt
Lord Chancellor; Marquis of Tweedale p.C.; Earl of Rothes p.s.; Earl of Roxburgh s; Earl of Southerland; Earl of Mar; Earl of Hadingtoun; Earl of Loudoun; Lord Advocat; Lord Theasaurer Deput; Lord Justice Clerk; Lord Phesdo; Mr F. Montgomrie; Lord Provest of Edinburgh
1. NRS, PC1/53, 390.
2. NRS, PC1/53, 390.
1. NRS, PC1/53, 390.
2. NRS, PC1/53, 390.
A1705/4/21
A1705/4/211
Proclamation
Proclamation against Tumults, mobs, and Rables being prepared, the Samen was Read, voted, approven and Signed, And ordained to be recorded, published and printed, 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 Councell, Messengers at armes our shirreffs in that pairt Conjunctllie and Severallie Speciallie constitut Greeting, Forasmuchas Notwithstanding that the raising of Tumults be a most dangerous pernicious and unboundable practise contrary to the very beeing and constitution of Government, And destructive off the cheiff ends therof, The Safety and Securitie of mens lyves and fortouns, And that by severall acts of parliament such James 2d parliament 14. Caput 77. and James 4th parliament 3d Caput 34. It is Statute that ther be no Commotion nor rysing of commons in Burrows In hindering of the comon law, And that if any does in the contrary and knowledge or tent may be gotten therof Ther goods may be confiscat to the King, and ther lyves be at the Kings will; As also by the Act of parliament James 6th parliament 18th Caput ii. It is Statute that no person within burgh take upon hand under whatsomever pretext to convocat without the knowledge and Licence of the Magistrats wnder the pain to be punished in their body and goods with all rigour; As lykewayes that the haill Inhabitants of the said burgh readily assist and concurr with the Magistrats for Setleing and punishing the said tumults, wnder the pain of being repute fosterers, and mantainers of the saids tumults, Lykeas by the act of parliament Ja: 6th parl. 17. Caput 4th, It is Statute that whatsoever persone invades or persues any of his highness Session, Secret Councell, or any of his highness officers, It being verified and tryed that they wer persued and invaded for doeing of his highness Service Shall be punished to the death: Ther happened upon the Streets of Edinburgh on the Ellevinth instant the day appoynted for the execution of certaine Malefactors, and when our privie Councill wer mett and Sitting about our affairs a most disorderly and numerous Convocation and gathering of Comons, filling the Streets with clamour and pretending and threatning to overaw our Councill, to the great dishonour and prejudice of our Government; Lykeas when our Chancellor and certaine of our Lords of Councill with him, after having done our bussieness, wer goeing home in peaceable maner, They wer most Insolently and wickedly persued and invaded, and that for doeing our Service, by a villanous mobb; Therfor wee in the Just resentment of so high ane Indignitie, And to prevent the lyke in all tyme comeing, Have thought fitt with advyce of the Lords of our privie Councell, To Ordaine the Magistrats of Edinburgh to continue ther dilligence, And make Strict inquerie and Search And to cause apprehend all the authors, abetters, accessories and assistants of the forsaid tumult who invaded and persued our Chancellor and others, To the effect they may be brought to condigne punishment, Declairing that for that end, who ever Shall disover any of the saids authors or accessories of the said tumult, Shall not only be himselfe Indemnified, But have a due reward for so good Service, And particularly who Shall discover the person of William Davidsone Tayleor in Cannongat, who is informed to have first Stopt our Chancellors coach, Shall have besyds his Indemnity the Soume of Two hundreth punds Scots money of reward, and farder wee with advyce forsaid Ordaine the Magistrats of Edinburgh to Call all ther Deacons of Crafts and masters of their Incorporaitons, And all others ther householders and Inhabitants and obleidge them for the good behaviour of ther apprentices, servants and domesticks In Such maner as the laws and customs of the burgh doth allow, as also that they Call the regents and masters of the Colledge of Edinburgh, and injoyne them Strictly that for heirafter they keep ther Schollars in good order, and be carefull of ther quyet and peaceable behaviour, And wee ordaine all the Inhabitants of the said burgh readily to assist and concurr with the Magistrats for repressing and punishing all tumults wnder the forsaid pain of law; And farder for preventing the lyke wicked Insolence in tyme comeing wee with advyce forsaid doe heirby declaire That in case and whenever any Such disorders, Convocation or tumult Shall appear or beguin to appear for heirafter and that therupon Intimation Shall be made by the Magistrats to all and Sundrie to withdraw and retire to ther respective houses, Shops and Imployments whatever Apprentice, Servant, Journey-man, Footman or other Such persone Shall disobey and be found upon the Streets, Shall be repute and held as Fosterers and mantainers of the saids tumults, and punished accordingly, And tho at present wee doe bear with and excuse the Magistrats of Edinburgh Because of the Surpryzeing Suddentie and unexpected violence of the said tumult that happened as said is, Yet that all may know our high displeasure at and detestation of such disorders, and take warneing as they may be concerned, Wee farder with advyce forsaid declaire that if any such tumulls or disorders Shall happen for heirafter, wee may be therby necessitat to ordaine our high Court of parliament, privie Councill, Lords of the Session, Exchequer and Court of Justiciary, To remove themselves from the said burgh, To some other of our Royall Burrows, wher they may Sitt and officiat with greater Safety and Security, or at least if wee Shall be pleased to continue our saids2 Courts in Edinburgh wee may be obleidged to bring in Sufficient Guards into the said citie to abyde and quarter therin for ther Security and Safe-guard; And these things wee ordaine to be Solemnly declaired and published that all may hear and fear, And that all Such wicked and villanous disorders may be for heirafter prevented, Our Will is Heirfore and wee charge yow Strictly and Command that incontinent thir our Letters Seen ye pass to the mercat cross of Edinburgh, and to the remanent mercat crosses of the head burghs of the Severall Shyres and Steuartries within this our antient kingdome, And therat in our name and authority by open proclamation make publict Intimation heirof that non may pretend ignorance; And ordains these presents to be printed and published. Given under our Signet at Edinburgh the Sevinteenth day of Apryll, and of our reigne the fourth year 1705. Sic Subscribitur Seafeild Cancellar Tweedale P. Rothes C.P.S. Southerland. Roxburgh S. Mar. Hadington. Loudon. James Steuart. George Baillie. F Montgomrie. Adam Cockburne.
1. NRS, PC1/53, 389-90.
2. Insertion.
1. NRS, PC1/53, 389-90.
2. Insertion.
A1705/4/20
A1705/4/201
Act
The Lords of her Majesties privie Councill have Repryved, and heirby Repryve the persons of James Burne, Alexander Tayleor, Samuell Wilcocks and John Ballantine from the Sentence of death appoynted to be execute against them upon the twentie day of this moneth of Apryll instant from the said day Untill the fourth day of May nixt And have delayed and Superceeded, and heirby delayes and Superceeds the execution of the said sentence Untill the said day, And appoynts and ordains2 the Magistrats of Edinburgh to cause the sentence pronounced against the foirnamed persons by the Judges of Admiralitie; and assessors appoynted to them, be putt to punctuall execution against them upon the said fourth day of May nixt, betwixt the hours of eight in the morning and four in the afternoon att the same place, and in the same manner as was appoynted by the saids Judges in the Sentence pronounced against them; And which repryve the saids Lords of privie Councell are pleased to grant to the effect the abovenamed persons may be the better prepared for the death to which they stand condemned as said is. Sic Subscribitur Seafeild Cancellar. Tweeddale P. Rothes C.P.S. Lothian. Roxburgh S. Loudoun. Dunmore. Roseberrie. James Steuart. Adam Cockburne. George Baillie, F Montgomrie.
1. NRS, PC1/53, 388-9.
2. The phrase ‘and ordains’ is an insertion.
1. NRS, PC1/53, 388-9.
A1705/4/19
A1705/4/191
Act
The Lords of her Majesties privie Councell have repryved and heirby Repryves the persons of Henry Keigle, George Kitchine, George Glen, and Andrew Robertson from the sentence of death appoynted to be execute against them upon the Twentie day of this moneth of Apryll instant from the said day untill the Twentie Sevinth day of Apryll instant; And have delayed and Superseeded, and heirby Delayes and Superceeds the execution of the said sentence, Untill the said day; And Appoynts and Ordains the Magistrats of Edinburgh to cause the Sentence pronunced against the foirnamed persons by the Judges of Admiralitie, and assessors appoynted by them, be put to punctuall execution against them upon the said twentie Sevinth day of Apryll instant betwixt the hours of eight in the morning and four in the afternoon at the same place, and in the same manner as was appoynted by the said Judges In the Sentence pronunced against them; And which repryve the saids Lords of privie Councell are pleased to grant to the effect the abovenamed persons may be the better prepared for death to which they stand condemned as said is. Sic Subscribitur Seafeild Cancellar. Tweedale P. Rothes C.P.S. Lothian. Roxburgh. Loudoun. Dunmore. George Baillie. James Steuart. Adam Cockburne. F Montgomrie. Pattrick Johnstoun.
1. NRS, PC1/53, 388.
1. NRS, PC1/53, 388.
A1705/4/18
A1705/4/181
Warrant
The Lords of her Majesties Privie Councell Doe heirby Recommend to the Judges of the high Court of Admiralitie to cause pay up to Captain Greens Crew the aliment formerly appoynted by ordinance of Councell to be payed to them at Six Shilling Scots per diem to each of them, And declairs the said aliment Shall affect the Cargo of the East India Ship the Worchester.
1. NRS, PC1/53, 388.
1. NRS, PC1/53, 388.
A1705/4/17
A1705/4/171
Warrant
The Lords of her Majesties privie Councell Doe heirby Appoynt and ordaine the Magistrats of Edinburgh to continue their dilligence, And make further inquerie into the discoverie of the persons that wer authors, accessaryes or assistants of the tumult and rable that invaded, persued and Stopt the Lord Chancellors Coach upon the ellevinth of Apryll instant, and appoynts them to report ther dilligence to the Councell therin.
1. NRS, PC1/53, 388.
1. NRS, PC1/53, 388.
A1705/4/16
A1705/4/162
Sederunt
Lord Chancellor; Marquis of Tweedall p.c.; Earl of Rothes p.s.; Marquis of Lothian; Earl of Roxburgh s.; Earl of Southerland; Earl of Marr; Earl of Buchan; Earl of Hadingtoun; Earl of Loudoun; Earl of Forfar; Earl of Dunmore; Earl of Roseberrie; Lord Advocat; Lord Theasaurer Deput; Lord Justice Clerk; Lord Arniestoun; Lord Phesdo; Mr Fr Montgomrie; Lord Provest of Edinburgh
1. NRS, PC1/53, 388.
2. NRS, PC1/53, 388.
1. NRS, PC1/53, 388.
2. NRS, PC1/53, 388.
A1705/4/15
A1705/4/151
Act
The Lords of her Majesties privie Councell haveing heard and considered her Majesties gracious Letter direct to them of the Sevinth of Apryll instant Concerning Captain Thomas Green and his Crew, Wherby her Majestie leaves it intirely to the saids Lords either to Sufferr the Sentence of death to be putt in execution, or to grant further repryves to the said Captain Green and his Crew as their Lordships Shall think fitt, And haveing also considered severall other circumstances concerning the saids persons, with the petitions presented by them The Saids Lords of her Majesties privy Councell Doe heirby Repryve, Andrew Robiesone, George Kitchine, James Burne, George Glen, Henry Keigle, Alexander Taylor, Samuell Wilckocks, and […] Ballantine from the Sentence of death appoynted to be execute2 against this ellevinth and the eighteenth of Apryll instant; From the saids respective dayes wntill the nynteinth day of the said moneth of Apryll Inclusive, And have delayed and Superceeded the execution of the said sentence wntill the said day And appoynts and ordains the Magistrats of Edinburgh to cause the Sentence pronunced against the foirnamed persons by the Judges of Admirality and assessors appoynted to them, be putt to punctuall execution against them upon the Twentie day of this moneth of Apryll instant, betwixt the hours of eight in the morning and four in the afternoon, att the same place and in the same maner as was appoynted by the saids Judges in the sentence pronounced against them, Sic Subscribitur Seafeild Cancellr Southerland. Buchan. Loudoun. Balcarras. Roseberrie. James Steuart. George Baillie. George Ramsay. F Montgomrie: Pattrick Johnston.
1. NRS, PC1/53, 387.
2. The word ‘this’ scored out here.
1. NRS, PC1/53, 387.
A1705/4/14
A1705/4/141
Letter: royal
Letter from the Queens Majestie to the Councell Anent Captain Green and his Crew being read was ordered to be recorded, wherof the tenor follows.
Right trustie and right well beloved Cousine and Councellor, Right trustie and Right well beloved Cousins and Counsellors, Right trustie and well beloved Cousins and Councellors, Right trustie and well beloved Councellors, and trustie and well beloved Counsellors, wee greet yow well By a letter to yow from the Duke of Argyle our Commissioner by our Speciall order, And also by one under our own hand, wee Signified to yow our Inclination that ther should be a Stop to the execution of any Sentence pronunced against Captain Thomas Green and his crew, untill wee had considered their tryall, which wee then ordered yow to transmitt to us, And that wee Should Signifie to yow our pleasure concerning them: Both which proceeded not from any intention of pardoning any of them that wer evidently guiltie of the crymes proved against them, But from the pressing Soliciatious of ther freinds heir, who represent that Captain Drummond who is alleadged to have2 been murdered by the said Captain Green, Is still alyve in the East Indies, And that two of the said Captain Drummonds Crew that wer lately aryved from thence, had given affidavits theranent; And wee having considered the said tryall transmitted by yow, with the confessions of Thomas Lintseed, George Haynes, and John Brouckley In relation to the said pirracie and murder, with yor Letters, and the representations laid befor ws by our Commissioner, Wee have now Remitted these affidavits to be perused by yow, And lave it intirely to yow either to Sufferr the Sentence to be putt in execution, or to grant further repryves to them as yow Shall Judge most fitt. So recommending. Such calmness and moderation in yor procedure as a matter of that nature does requyre, wee bid yow heartily fairwell. Given at our Court at St James’s the Sevinth day of Apryll 1705. And of our reigne the fourth year, By her Majesties Command Sic Subscribitur Alexander Wedderburne.
1. NRS, PC1/53, 387.
2. Insertion.
1. NRS, PC1/53, 387.
A1705/4/13
A1705/4/132
Sederunt
Lord Chancellor; Earl of Southerland; Earl of Buchan; Earl of Loudoun; Earl of Ballcarras; Earl of Roseberrie; Lord Advocat; Lord Theasaurer Deput; Livt Generall Ramsay; Mr Fr Montgomrie; Lord Provest of Edinburgh
Councell Called extraordinary
1. NRS, PC1/53, 387.
2. NRS, PC1/53, 387.
1. NRS, PC1/53, 387.
2. NRS, PC1/53, 387.