Tag Archives: April

Act, 10 April 1705, Edinburgh

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Att Edinburgh the Tenth day of Apryll 1705 Councill extraordinary

A1705/4/121

Act

Act Commouting the Sentence of death Against Barbara Tanahill to Banishment

Anent the petition given in and presented to the Lords of her Majesties privie Councell by Barbara Tannahill of the Parishine of Libbertoun condemned for Incest. Shewing that her Sister having been married to James Drysdale in the said parish after her decease I lived alone with him in the house which was the occasion of our Sin and transgression, And the petitioner falling with child upon examination She freely confessed, he was the father of it, but withall told how that in a maner he had forced her, And they being both conveened befor the Lords of Justiciary, She adheared befor ther lordships and the assyse to her confession once and again, albeit at the same tyme he obstinatly denyed all, And now Seeing the petitioners Sentence to dy the Last wednsday of this moneth, doth only proceed upon her own confession, which yet she qualified with the tentation of ther being alone in the house, and of his useing force and constraint, and that the incest is only inferred from ther collaterall relation and in poynt of affinity, And that the Judges have also Shewed great Commissration of the petitioners case, And therfor humbly craveing it might please ther lordships wpon consideration of the premisses to commiserat the petitioners Sad condition and to commute her Sentence from death to banishment, or any other pain ther lordships should be pleased to inflict, or at least to repryve her to a longer day that the matter may be perfectly understood, As the said petition bears, The Lords of her Majesties Privie Councell haveing considered the petition given in to them By Barbara Tannahill in the parishine of Libbertoun, Condemned for Incest, And the Samen being read in ther presence, The Saids Lords have Commuted, and Changed, and heirby Commutes and Changes the Sentence of death pronounced against the said Barbara Tannahill To Banishment furth of this kingdome And have discharged and heirby discharges the Sentence of death pronounced against her by the Commissioners of Justiciary, To be putt to any further execution against her upon the accompt forsaid; And in place therof have Banished and heirby Banishes the said Barbara Tannahill furth of this kingdome, And have discharged and heirby discharges her ever to returne therto, under the pain of death, And appoynts the Magistrats of Edinburgh and keepers of ther Tollbooth to Sett the person of the said Barbara Tannahill at liberty furth of the Same, Wpon her enacting herselfe in the books of privie Councell that She Shall depairt furth of this kingdome, and not therto under the pain of death, and that She Shall depairt furth therof as said is, betwixt and the fyfteinth day of May nixt to come Sic Subscribitur Seafeild Cancellar. Lauderdale. Belcarres. Roseberie. George Baillie. F Montgomrie. James Steuart. Buchan. Loudoun.

 

At Edinburgh 10 April 1705. Council extraordinary

A1705/4/121

Act

Act commuting the sentence of death against Barbara Tanahill to banishment

Concerning the petition given in and presented to the lords of her majesty’s privy council by Barbara Tannahill of the parish of Libberton condemned for incest, showing that her sister, having been married to James Drysdale in the said parish, after her decease I lived alone with him in the house, which was the occasion of our sin and transgression, and the petitioner falling with child, upon examination she freely confessed, he was the father of it, but also told how that in a manner he had forced her, and they being both convened before the lords of justiciary, she adhered before their lordships and the assize to her confession once and again, albeit at the same time he obstinately denied all. And now seeing the petitioner’s sentence to die the last Wednesday of this month does only proceed upon her own confession, which yet she qualified with the temptation of their being alone in the house, and of his using force and constraint, and that the incest is only inferred from their collateral relation and in point of affinity, and that the judges have also showed great commiseration of the petitioner’s case, and therefor humbly craving it might please their lordships, upon consideration of the premisses, to commiserate the petitioner’s sad condition and to commute her sentence from death to banishment, or any other pain their lordships should be pleased to inflict, or at least to reprieve her to a longer day that the matter may be perfectly understood, as the said petition bears. The lords of her majesty’s privy council having considered the petition given in to them by Barbara Tannahill in the parish of Libberton, condemned for incest, and the same being read in their presence, the said lords have commuted, and changed, and hereby commute and change the sentence of death pronounced against the said Barbara Tannahill to banishment forth of this kingdom. And have discharged and hereby discharge the sentence of death pronounced against her by the commissioners of justiciary to be put to any further execution against her upon the account foresaid. And in place thereof have banished and hereby banish the said Barbara Tannahill forth of this kingdom, and have discharged and hereby discharge her ever to return thereto, under the pain of death. And appoint the magistrates of Edinburgh and keepers of their tolbooth to set the person of the said Barbara Tannahill at liberty forth of the same, upon her enacting herself in the books of privy council that she shall depart forth of this kingdom, and not [return] thereto under the pain of death, and that she shall depart forth thereof as said is, between [now] and 15 May next to come. Sic Subscribitur Seafield chancellor; Lauderdale; Balcarres; Rosebery; George Baillie; Francis Montgomerie; James Stewart; Buchan; Loudoun.

 

1. NRS, PC1/53, 386.

1. NRS, PC1/53, 386.

Decreet, 10 April 1705, Edinburgh

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Att Edinburgh the Tenth day of Apryll 1705 Councill extraordinary

A1705/4/111

Decreet

Interloquitor anent Captain Green

Letter from the Queens Majestie to the Councill In answer to ther Lordships letter to her Majestie of the date the 28th March Last bypast, being read was ordered to be recorded, and a petition being presented and given in to ther Lordships by Captain Thomas Green, Captain John Mader, James Simpsone, Andrew Robiesone, George Kitchine, James Browne, George Glen, Henry Geigle, and George Taylor, And the Samen with ane attested double and coppie of ane Affidavid emitted and given by Israell Phippenny, and Peter Freeland at the burgh of Portsmouth in England being all read in ther presence and after reasoning and debate theron, It went to the vote, Grant to the petitioners a repryve for a short2 day in the nixt week till ther may be a full Councell or not, And the Rolls being called, And the votes marked ther was three of the Councell for granting a repryve, And other three not, all the rest present as marked in the Sederunt being either non Liquid or refuseing to vote, It came to the Lord Chancellors casting vote his lordship declaired he was willing to give his vote and Signe the repryve, If he knew that a Quorum of ther lordships would Signe the Same, without which the order of Councell for a repryve, would be ineffectuall, And accordingly ther lordships being asked on by one If they would Signe the Said repryve, And all of them declyned, except three besyds those who voted repryve, And the Lord Chancellor who made but Sevine, And so not a Sufficient Quorum for Syneing a valide repryve, wherfor the prisoners wer Left to the Course of Justice upon expyreing of the former repryve.

At Edinburgh 10 April 1705. Council extraordinary

A1705/4/111

Decreet

Interlocutor concerning Captain Green

Letter from the queen’s majesty to the council in answer to their lordships’ letter to her majesty of the date 28 March last by past, being read was ordered to be recorded, and a petition being presented and given in to their lordships by Captain Thomas Green, Captain John Mader, James Simpson, Andrew Robieson, George Kitchin, James Brown, George Glen, Henry Geigle, and George Taylor, and the same with an attested double and copy of an affidavit emitted and given by Israel Phippenny and Peter Freeland at the burgh of Portsmouth in England being all read in their presence, and after reasoning and debate thereon, it went to the vote, grant to the petitioners a reprieve for a short day in the next week until their may be a full council, or not. And the rolls being called, and the votes marked, there were three of the council for granting a reprieve, and [an] other three not, all the rest present as marked in the sederunt being either non liquid or refusing to vote, it came to [James Ogilvie, early Seafield] [the] lord chancellor’s casting vote, his lordship declared he was willing to give his vote and sign the reprieve, if he knew that a quorum of their lordships would sign the same, without which the order of council for a reprieve would be ineffectual. And accordingly their lordships being asked one by one if they would sign the said reprieve, and all of them declined, except three besides those who voted reprieve, and the lord chancellor who made but seven, and so not a sufficient quorum for signing a valid reprieve, therefore the prisoners were left to the course of justice upon expiring of the former reprieve.

1. NRS, PC1/53, 385-6.

2. An illegible word scored out here.

1. NRS, PC1/53, 385-6.

2. An illegible word scored out here.

Letter: royal, 10 April 1705, Edinburgh

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Att Edinburgh the Tenth day of Apryll 1705 Councill extraordinary

A1705/4/101

Letter: royal

Letter from the Queen to the Councell anent Captain Green and Crew

Letter from the Queens Majestie to the Councill anent Captain Green and his Crew being read was ordered to be recorded, wherof the tenor follows
Sic Suprascribitur Anne Regina
Right trustie and right well 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 well. Wee received yours of the twentie eight of March last, with the abstracts of the proces against Captain Green and his Crew, and are well Satisfied with the expressions by which yow testifie yor deference to our Commands, and the regaird yow bear to our Royall prerogative: Ther being application made to ws by the owners of Captain Greens Shipe, And the freinds of the delinquents, And representations given in by them, wee thought it reasonable to us2 to have ane accompt of the wholl matter, And of the evidences against the Criminalls, that wee might know in tyme if any of them had been wnwillingly or unfortunately involved in the guilt laid to ther charge, And if by penitence and inenuitie they Should appear to deserve mercie, Therfor we wrott a letter to yow wnder our own hand of the 27. Last, ordering that the Sentence might be prorogued till the tryall wer laid before ws, And wee think fitt to acquaint yow that what was wrott yow on the 24. by our Commissioner to our Chancellor wpon this Subject was by our express order. Wee Shall persue the tryall as Soon as possible, And alewayes have a particular regaird to yor recommendation in pardoning those, whose behavior Shall appear to plead for compassion, and in leaving Such whose guilt renders them wnworthie of our favour to the due Course of Justice. Wee have given orders for a Remission to Thomas Lintsteed as yow desyre, And approve of your making use of that already Sent In favours of George Haynes, who by ther confessions have given considerable Light in that matter; And so wee bid yow heartily farwell. Given at our Court at St James’s the third day of Apryll 1705. And of our reigne the fourt year, By her Majesties Command, Sic Subscribitur Alexander Wedderburne.

At Edinburgh 10 April 1705. Council extraordinary

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Letter: royal

Letter from the queen to the council concerning Captain Green and crew

Letter from the queen’s majesty to the council concerning Captain [Thomas] Green and his crew being read was ordered to be recorded, whereof the tenor follows:
Sic Suprascribitur Anne Regina
Right trusty and right well beloved cousin and counsellor, right trusty and right well beloved cousins and counsellors, right trusty and well beloved cousins and counsellors, right trusty and well beloved counsellors, and trusty and well beloved counsellors, we greet yow well. We received yours of 28 March last, with the abstracts of the process against Captain Green and his crew, and are well satisfied with the expressions by which you testify your deference to our commands, and the regard you bear to our royal prerogative. There being application made to us by the owners of Captain Green’s ship, and the friends of the delinquents, and representations given in by them, we thought it reasonable to us to have an account of the whole matter, and of the evidence against the criminals, that we might know in time if any of them had been unwillingly or unfortunately involved in the guilt laid to their charge, and if by penitence and ingenuity they should appear to deserve mercy. Therefor we wrote a letter to you under our own hand of 27 [March] last, ordering that the sentence might be prorogued until the trial was laid before us. And we think fit to acquaint you that what was written [to] you on 24 [March] by our commissioner to our chancellor upon this subject was by our express order. We shall peruse the trial as soon as possible, and always have a particular regard to your recommendation in pardoning those, whose behaviour shall appear to plead for compassion, and in leaving such whose guilt renders them unworthy of our favour to the due course of justice. We have given orders for a remission to Thomas Lintsteed as you desire, and approve of your making use of that already sent in favour of George Haynes, who by their confessions have given considerable light in that matter. And so we bid you heartily farewell. Given at our court at St James’s 3 April 1705. And of our reign the fourth year. By her majesty’s command, Sic Subscribitur Alexander Wedderburn.

1. NRS, PC1/53, 385.

2. The phroase ‘for us’ is an insertion.

1. NRS, PC1/53, 385.

Sederunt, 10 April 1705, Edinburgh

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Att Edinburgh the Tenth day of Apryll 1705 Councill extraordinary1

A1705/4/92

Sederunt

Lord Chancellor; Marquis of Lothian; Earl of Southerland; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Ballcarras; Earl of Forfar; Earl of Roseberrie; Lord Advocat; Lord Theasaurer Deput; Livt Generall Ramsay; Mr Fr Montgomrie; Lord Provest of Edinburgh

At Edinburgh 10 April 1705. Council extraordinary1

A1705/4/92

Sederunt

[James Ogilvie, earl of Seafield] lord chancellor; [William Kerr] marquis of Lothian; [John Gordon] earl of Sutherland; [David Erskine] earl of Buchan; [John Maitland] earl of Lauderdale; [Hugh Campbell] earl of Loudoun; [Colin Lindsay] earl of Balcarres; [Archibald Douglas] earl of Forfar; [Archibald Primrose] earl of Rosebery; [Sir James Stewart of Goodtrees] lord advocate; [George Baillie of Jerviswood] lord treasurer depute; Lieutenant General [George] Ramsay; Francis Montgomerie; [Sir Patrick Johnston] lord provost of Edinburgh

1. NRS, PC1/53, 385.

2. NRS, PC1/53, 385.

1. NRS, PC1/53, 385.

2. NRS, PC1/53, 385.

Warrant, 3 April 1705, Edinburgh

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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

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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

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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

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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

Posted on by

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

Posted on by

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.