Tag Archives: March

Order, 7 March 1706, Edinburgh

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Att Edinburgh the Sevinth day of March Jaj vijc and Six years

A1706/3/71

Order

Sailling orders and Instructions for Captain James Hamillton

By the Lords of her Majesties most honourable privie Councell of the Kingdome of Scotland, The Instructions following are Given to Captain James Hamillton Commander of her Majesties Ship the Royall Mary, In prosecution and for better executeing his Commission, And to be by him punctuallie observed wpon his perrill.
First yow are att and against the fourteinth day of March instant to Saill from the Road of Leith to the northward, and take under your Convoy all vessells bound that way, and carefully to see each of them safe into ther harbours so farr as Orknay, Then yow are to returne betwixt and the First day of Apryll nixt to come to the road of Leith, wind and weather serveing, att which tyme yow are to goe northward in Company with the Royall William Commanded by Captain Thomas Gordon, and to receive orders from him from tyme to tyme, as Commander, And in your first returne to the road of Leith, yow are to call alonge the coast for vessells bound to the first. Secondly, If no vessells be ready to come out of harbours when yow call, yow are to cruize then dayes betwixt Tinmouth-barr and Orknay, And Call at Tinmouth for what vessells may be ther bound for the Firth, whom yow are carefully to See within the Island May. Thirdly. Yow are carefully from tyme to tyme to advyse ws of all that occurrs dureing your cruize. Fourthly. Yow are to defend yourselfe and all Ships wnder your Convoy against all her Majesties enemyes, whither French or Spainiards, and all others with whom her Majestie is at present ingaged in warr, who shall indeavour to attack yow to the outmost of your power, And to indeavour by all your force to Subdue them, and make and bring them in as pryze, to be declaired such Fifthly. yow are also as yow find occasion, and yourselfe in condition, To attack and Sett upon all her Majesties Saids enemyes, And indeavour by all your force to Subdue them, and Sease ther Ships and goods. Sixthly. Yow are also to Search all Ships goeing to or comeing from France or Spaine, or any of the dominions belonging to the Saids Kingdoms, And if yow find them carrieing Counterband goods to any enemyes Countrey, To Sease them, ther Ships, and haill goods, and bring them in as pryze. Sevinthly. yow are to keep exact journalls of all that occurrs dureing your cruize, And to observe the tyme of your Cruising, and all other articles contained in your Contract with the Lords of her Majesties Thesaury Given att Edinburgh the Sevinth day of March Jaj vijc and Six years.

At Edinburgh 7 March 1706

A1706/3/71

Order

Sailing orders and instructions for Captain James Hamilton

By the lords of her majesty’s most honourable privy council of the kingdom of Scotland, the instructions following are given to Captain James Hamilton, commander of her majesty’s ship the Royal Mary, in prosecution and for better executing his commission, and to be by him punctually observed upon his peril.
Firstly, you are at and against 14 March instant to sail from the road of Leith to the northward, and take under your convoy all vessels bound that way, and carefully to see each of them safe into their harbours so far as Orkney, then you are to return between [now] and 1 April next to come to the road of Leith, wind and weather serving, at which time you are to go northward in company with the Royal William, commanded by Captain Thomas Gordon, and to receive orders from him from time to time, as commander, and in your first return to the road of Leith, you are to call along the coast for vessels bound to the first. Secondly, if no vessels be ready to come out of harbours when you call, you are to cruise then days between Tynemouth bar and Orkney, and call at Tynemouth for what vessels may be there bound for the firth, whom you are carefully to see within the Isle of May. Thirdly, you are carefully from time to time to advise us of all that occurs during your cruise. Fourthly, you are to defend yourself and all ships under your convoy against all her majesty’s enemies, whether French or Spanish, and all others with whom her majesty is at present engaged in war, who shall endeavour to attack you to the utmost of your power, and to endeavour by all your force to subdue them, and make and bring them in as prize, to be declared such. Fifthly, you are also as you find occasion, and yourself in condition, to attack and set upon all her majesty’s said enemies, and endeavour by all your force to subdue them, and seize their ships and goods. Sixthly, you are also to search all ships going to or coming from France or Spain, or any of the dominions belonging to the said kingdoms, and if you find them carrying contraband goods to any enemy’s country, to seize them, their ships, and whole goods, and bring them in as prize. Seventhly, you are to keep exact journals of all that occurs during your cruise, and to observe the time of your cruising, and all other articles contained in your contract with the lords of her majesty’s treasury. Given at Edinburgh 7 March 1706.

1. NRS, PC1/53, 452.

1. NRS, PC1/53, 452.

Order, 7 March 1706, Edinburgh

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Att Edinburgh the Sevinth day of March Jaj vijc and Six years

A1706/3/61

Order

Sailling orders and Instructions for Captain Matthew Campbell

By the Lords of her Majesties most honourable privie Councell of the Kingdome of Scotland, The Instructions following are given to Captain Matthew Campbell Commander of her Majesties Ship the Dumbarton Castle, In prosecution and for better executeing of his Commission, And to be by him punctuallie observed wpon his perrill.
First yow are to be in readiness and Saill from Newport Glasgow To the mouth of Clyde against the fyfteinth day of March instant, wind and weather Serving. Secondly And from thence yow are to cruise betwixt the Isle of Tarrie and the Mule of Galloway, And fraught the length of Lambie Island near Dumbline, And to take and have wnder your protection and Convoy all vessells and Ships belonging to her Majesties Subjects that Shall fall in your way in that Cruize, and conduct them safely to ther respective ports. Thirdly. Yow are to defend yourself and Ships wnder youw Convoy Against all her Majesties enemies, whither French or Spainyeards, and all others with whom her Majestie is at present ingaged in warr, who Shall presume to attack yow, to the outermost of your power, And to endeavour by all your force to Subdue them And to bring them in as pryze to be declaired such. Fourthly. Yow are also, as yow find occasion and yourselfe in condition to attack and sett upon all her Majesties enemies, And indeavour by all your force to Subdue them, and Sease ther Ships and goods. Fyfthly. Yow are also to Search all Ships goeing to or comeing from France and Spaine, or any of the dominions belonging to any of the saids kingdoms, And if yow find them carrieing Counterband goods to any enemies Countrie, To Seaze them ther Ships and haill goods, And bring them in as pryze. Sixthly yow are to observe the tyme of your Cruiseing, and all other articles Contained in your Contract with the Lords of her Majesties Theasaury. Sevinthly. Yow are carefully from tyme to tyme to advyse ws of all that occurrs dureing your Cruize Given at Edinburgh this sevinth day of March Jaj vijc and Six years.

At Edinburgh 7 March 1706

A1706/3/61

Order

Sailing orders and instructions for Captain Matthew Campbell

By the lords of her majesty’s most honourable privy council of the kingdom of Scotland, the instructions following are given to Captain Matthew Campbell, commander of her majesty’s Ship the Dumbarton Castle, in prosecution and for better executing of his commission, and to be by him punctually observed upon his peril.
Firstly, you are to be in readiness and sail from Newport Glasgow to the mouth of Clyde against 15 March instant, wind and weather serving. Secondly, and from thence you are to cruise between the Isle of Tiree and the Mull of Galloway, and fraught the length of Lambay Island near Dublin, and to take and have under your protection and convoy all vessels and ships belonging to her majesty’s subjects that shall fall in your way in that cruise, and conduct them safely to their respective ports. Thirdly, you are to defend yourself and ships under your convoy against all her majesty’s enemies, whether French or Spanish, and all others with whom her majesty is at present engaged in war, who shall presume to attack you, to the utmost of your power, and to endeavour by all your force to subdue them and to bring them in as prize to be declared such. Fourthly, you are also, as you find occasion and yourself in condition, to attack and set upon all her majesty’s enemies, and endeavour by all your force to subdue them, and seize their ships and goods. Fifthly, you are also to search all ships going to or coming from France and Spain, or any of the dominions belonging to any of the said kingdoms, and if you find them carrying contraband goods to any enemy’s country, to seize them, their ships, and whole goods, and bring them in as prize. Sixthly, you are to observe the time of your cruising and all other articles contained in your contract with the lords of her majesty’s treasury. Seventhly, you are carefully from time to time to advise us of all that occurs during your cruise. Given at Edinburgh this 7 March 1706.

1. NRS, PC1/53, 451-2.

1. NRS, PC1/53, 451-2.

Order, 7 March 1706, Edinburgh

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Att Edinburgh the Sevinth day of March Jaj vijc and Six years

A1706/3/51

Order

Sailling orders for Captain Thomas Gordon

By the Lords of her Majesties most honourable privie Councell of the Kingdome of Scotland The Instructions following are given to Captain Thomas Gordon Commander of her Majesties Ship the Royal William, and Commander of the Scots friggotts, In prosecution and for better executeing of his Commission, And to be by him punctuallie observed wpon his perrill.
First Yow are att and against the first day of Apryll nixt to come to Saill from the Road of Leith to the Northward In company with the Royall Mary Commanded by Captain James Hamillton, who is to receive orders from yow from tyme to tyme, as Comadore, And take wnder your Convoy all vessells bound that way, And carefullie see each of them Safe into ther respective harbours so farr as Orknay Then yow are to returne and Call along the Coast for all vessells bound to the First, Secundlie, If no vessells be ready to come out of harbours when yow call, yow are to cruise ten dayes betwixt Tinmouth barr and Orknay, And Call at Tinmouth for what vessells may be ther, bound for the firth whom yow are carefully to See within the Island of May, Then yow are to return to the Northward as farr as Orknay, and bring alonge with yow all vessells that are ready. Thirdly Att any tyme when yow come to Leith Road, If ther be Ships bound for London, yow are carefully to See them the length of Tinmouth-barr, And bring from thence all Ships as yow are appoynted. above; all which yow are to observe dureing the tyme the Ship is keept in pay. Fourthly, yow are carfully from tyme to tyme to advyse ws of all that occurrs dureing your cruise. Fiftly yow are to defend yourselfe againd all Ships wnder your Convoy Against all her Majesties enemies, whither French or Spanish, and all others with whom her Majestie Is at present ingaged in warr, who shall presume to attack yow, to the outtermost of your power, And to endeavour by all your force to Subdue them, and make and bring them in as pryze to be declaired such. Sixtly yow are also as yow find occasion, and yourselfe in condition, to attack and sett up all her Majesties Saids enemies, And endeavour by all 2 force to Subdue them, and Sease ther Ships and goods. Sevinthly. Yow are also to Search all Ships goeing to or comeing from France or Spaine, or any of the dominions belonging to the saids Kingdoms, And if yow find them carrieing Counterband goods to any enemies Countrie, To Sease them ther Ships and haill goods, and bring them in as pryze. Eightly. Yow are to keep exact Journalls of all that occurs dureing your Cruize, And to observe the tyme of your Cruizeing, And all other articles Contained in your Contract with the Lords of her Majesties Theasaury, Given att Edinburgh the Sevinth day of March Jaj vijc and Six years.

At Edinburgh 7 March 1706

A1706/3/51

Order

Sailing orders for Captain Thomas Gordon

By the lords of her majesty’s most honourable privy council of the kingdom of Scotland, the instructions following are given to Captain Thomas Gordon, commander of her majesty’s ship the Royal William, and commander of the Scots frigates, in prosecution and for better executing of his commission, and to be by him punctually observed upon his peril.
First, you are at and against the first day of April next to come to sail from the road of Leith to the northward, in company with the Royal Mary, commanded by Captain James Hamilton, who is to receive orders from you from time to time, as commadore, and take under your convoy all vessels bound that way, and carefully see each of them safe into their respective harbours so far as Orkney. Then you are to return and call along the coast for all vessels bound to the first. Secondly, if no vessels be ready to come out of harbours when you call, you are to cruise ten days between Tynemouth bar and Orkney, and call at Tynemouth for what vessels may be there bound for the firth, whom you are carefully to see within the Isle of May, then you are to return to the northward as far as Orkney, and bring along with yow all vessels that are ready. Thirdly, at any time when you come to Leith Road, if there be ships bound for London, you are carefully to see them the length of Tynemouth bar, and bring from thence all ships as you are appointed above, all which you are to observe during the time the ship is kept in pay. Fourthly, you are carefully from time to time to advise us of all that occurs during your cruise. Fifthly, you are to defend yourself and all ships under your convoy against all her majesty’s enemies, whether French or Spanish, and all others with whom her majesty is at present engaged in war, who shall presume to attack you, to the utmost of your power, and to endeavour by all your force to subdue them, and make and bring them in as prize to be declared such. Sixthly, you are also as you find occasion, and yourself in condition, to attack and set up all her majesty’s said enemies, and endeavour by all force to subdue them, and seize their ships and goods. Seventhly, you are also to search all ships going to or coming from France or Spain, or any of the dominions belonging to the said kingdoms, and if you find them carrying contraband goods to any enemy’s country, to seize them, their ships, and whole goods, and bring them in as prize. Eighthly, you are to keep exact journals of all that occurs during your cruise, and to observe the time of your cruising, and all other articles contained in your contract with the lords of her majesty’s treasury. Given at Edinburgh 7 March 1706.

1. NRS, PC1/53, 451.

2. Sic.

1. NRS, PC1/53, 451.

Procedure, 7 March 1706, Edinburgh

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Att Edinburgh the Sevinth day of March Jaj vijc and Six years

A1706/3/41

Procedure

Exoneration In favours of Andrew Wauch as wnder Clerk of Councell

The Lords of her Majesties Privie Councell doe heirby recommend to the Earle of Lauderdale, Lord President of Session, Lord Register, Lord Justice Clerk, and Mr Francis Montgomrie or any one of them to Call for Sir Gilbert Elliot of Minto, one of the Senators of the Colledge of Justice, And Andrew Wauch wryter In Edinburgh, Servant to the two Clerks of Privie Councell, and intrusted by them in the said office, and take ther oaths that they have non of the bonds, warrands, processes, depositions taken theron, or grounds therof, Registers, Records, King or Queens Letters, Proclamations, Seall and Cashet of Councell, or any keyes belonging therto, And that they have not fraudfully abstracted or putt away any of them, And to report to the Counsell That the said Sir Gilbert Elliot and Andrew Wauch may be fully and freely exonered and discharged therof, And of ther said Service and trust In the said office in all tyme comeing, And that betwixt and the nixt Councell day; According to which appoyntment the said lord Justice Clerk haveing Called for the said Andrew Wauch and examined him on his great oath, He deponed as his deposition extant bears, And the said Lord Justice Clerk haveing this day Reported to the Saids Lords of her Majesties Privie Councell, that the said Andrew Wauch had given his oath in the termes of the Remitt of Councell theranent, And the saids Lords haveing considered the Samen, with the said Andrew his oath and deposition, which was read in their presence, Bearing that he hes non of the bonds, warrands, processes, depositions taken theron, or grounds therof, Registers, Records, King or Queens Letters, Proclamations, Seall and Cashet of Councell, or any keyes belonging to the Said Councell office, And that he hes not fraudfully abstracted, or away putt any of them The Saids Lords of her Majesties Privie Councell have not only Exonered and discharged, Lykeas they heirby for for2 now and ever Exoner and discharge the said Andrew Wauch of his trust and Service that he had in the said privie Counsell office and Chamber, But also have declaired him quyte therof, and free therfrae, and of any trouble therfore, or being called to ane account for any thing concerneing the Samen, or his Service and trust theranent in all tyme comeing.

At Edinburgh 7 March 1706

A1706/3/41

Procedure

Exoneration in favour of Andrew Wauch as under clerk of council

The lords of her majesty’s privy council do hereby recommend to [John Maitland] the earl of Lauderdale, [Sir Hew Dalrymple] lord president of session, [Sir James Murray of Philiphaugh] lord register, [Adam Cockburn] lord justice clerk and Mr Francis Montgomerie, or any one of them, to call for Sir Gilbert Elliot of Minto, one of the senators of the college of justice, and Andrew Wauch, writer in Edinburgh, servant to the two clerks of privy council, and entrusted by them in the said office, and take their oaths that they have none of the bonds, warrants, processes, depositions taken thereon, or grounds thereof, registers, records, kings’ or queens’ letters, proclamations, seals of council, or any keys belonging thereto, and that they have not fraudulently abstracted or put away any of them, and to report to the council, that the said Sir Gilbert Elliot and Andrew Wauch may be fully and freely exonerated and discharged thereof, and of their said service and trust in the said office in all time coming, and that between [now] and the next council day. According to which appointment the said lord justice clerk, having called for the said Andrew Wauch and examined him on his great oath, he deponed as his deposition extant bears, and the said lord justice clerk having this day reported to the said lords of her majesty’s privy council that the said Andrew Wauch had given his oath in the terms of the remit of council thereon, and the said lords having considered the same, with the said Andrew his oath and deposition, which was read in their presence, bearing that he has none of the bonds, warrants, processes, depositions taken thereon, or grounds thereof, registers, records, kings’ or queens’ letters, proclamations, seals of council, or any keys belonging to to the said council office, and that he has not fraudulently abstracted or away put any of them, the said lords of her majesty’s privy council have not only exonerated and discharged, likewise they hereby for now and ever exonerate and discharge the said Andrew Wauch of his trust and service that he had in the said privy council office and chamber, but also have declared him quite thereof, and free therefrom, and of any trouble therefore, or being called to an account for any thing concerning the same, or his service and trust therein, in all time coming.

1. NRS, PC1/53, 450-1.

2. Sic.

1. NRS, PC1/53, 450-1.

Procedure, 7 March 1706, Edinburgh

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Att Edinburgh the Sevinth day of March Jaj vijc and Six years

A1706/3/31

Procedure

Exoneration In favours of Sir Gilbert Elliot of Minto as Clerk of Councell

The Lords of her Majesties Privie Councell Doe heirby Recommend to the Earle of Lauderdale Lord President of Session, Lord Register, Lord Justice Clerk and Mr Francis Montgomrie, or any one of them to Call for Sir Gilbert Elliot of Minto, one of the Senators of the Colledge of Justice, And Andrew Wauch wryter in Edinburgh, Servant to the two Clerks of Privie Councell, and intrusted by them in the said office, and take ther oaths, That they have non of the Bonds, warrands, processes, depositions taken theron, or grounds therof, Registers, Records, King or Queens Letters, Proclamations, Seall and Cashet of Counsell, or any keyes belonging therto, And that they have not fraudfully abstracted or putt away any of them, And to report to the Councell, That the Saids Sir Gilbert Elliot and Andrew Wauch may be fully and freely exonered and discharged therof, And of ther Said Service and trust in the said office In all tyme comeing, And that betwixt and the nixt Councell day, According to which appoyntment the Lord Justice Clerk one of the Said Committie, having Called for the Said Sir Gilbert Elliot and examined him on his great oath, He deponed that to the best of his memory and knowledge he hes non of the bonds, warrands, processes, depositions taken theron, or grounds therof, Registers, Records, King or Queens letters, proclamations, Seall and Cashet of Councell, or any keyes belonging to the Councell office, And that he had not fraudfullie abstracted or putt away any of them, which was truth as he Should answer to God, As his deposition extant in proces bears, And the said Lord Justice Clerk haveing this day reported to the Saids Lords of her Majesties Privie Councell, that the said Sir Gilbert Elliot had given his oath in the terms of the remitt of Councell theranent; And the Saids Lords haveing considered the Samen with the said Sir Gilbert his oath and deposition which was read in their presence, The Saids Lords of her Majesties privie Councell have not only exonered and discharged, Lykeas they heirby for now and ever Exoner and discharge the said Sir Gilbert Elliot of his trust and Service that he had In the said privie Councell office and Chamber, But also have declaired and heirby declairs him quyte therof, and free therfrae, and of any trouble therfor, or being called to ane account for any thing concerning the Samen, or his Service and trust theranent in all tyme comeing.

At Edinburgh 7 March 1706

A1706/3/31

Procedure

Exoneration in favour of Sir Gilbert Elliot of Minto as clerk of council

The lords of her majesty’s privy council do hereby recommend to [John Maitland] the earl of Lauderdale, [Sir Hew Dalrymple] lord president of session, [Sir James Murray of Philiphaugh] lord register, [Adam Cockburn] lord justice clerk and Mr Francis Montgomerie, or any one of them, to call for Sir Gilbert Elliot of Minto, one of the senators of the college of justice, and Andrew Wauch, writer in Edinburgh, servant to the two clerks of privy council, and entrusted by them in the said office, and take their oaths, that they have none of the bonds, warrants, processes, depositions taken thereon, or grounds thereof, registers, records, kings’ or queens’ letters, proclamations, seals of council, or any keys belonging thereto, and that they have not fraudulently abstracted or put away any of them, and to report to the council, that the said Sir Gilbert Elliot and Andrew Wauch may be fully and freely exonerated and discharged thereof, and of their said service and trust in the said offices in all time coming. And that between [now] and the next council day. According to which appointment the lord justice clerk, one of the said committee, having called for the said Sir Gilbert Elliot and examined him on his great oath, he deposed that to the best of his memory and knowledge he has none of the bonds, warrants, processes, depositions taken thereon, or grounds thereof, registers, records, kings’ or queens’ letters, proclamations, seals of council, or any keys belonging to the council office, and that he had not fraudulently abstracted or put away any of them, which was [the] truth as he should answer to God, as his deposition extant in process bears. And the said lord justice clerk having this day reported to the said lords of her majesty’s privy council that the said Sir Gilbert Elliot had given his oath in the terms of the remit of council thereon. And the said lords having considered the same with the said Sir Gilbert his oath and deposition, which was read in their presence, the said lords of her majesty’s privy council have not only exonerated and discharged, likewise they hereby for now and ever exonerate and discharge the said Sir Gilbert Elliot of his trust and service that he had in the said privy council office and chamber, but also have declared and hereby declare him quit thereof, and free therefore, and of any trouble therefor, or being called to an account for anything concerning the same, or his service and trust therein, in all time coming.

1. NRS, PC1/53, 450.

1. NRS, PC1/53, 450.

Procedure, 7 March 1706, Edinburgh

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Att Edinburgh the Sevinth day of March Jaj vijc and Six years

A1706/3/21

Procedure

[Sutherland elected Preses]

In absence of the Lord high Chancellor, and Lord President of the Privie Councell, the Earle of Sutherland elected preces.

At Edinburgh 7 March 1706

A1706/3/21

Procedure

[Sutherland elected preses]

In absence of [James Ogilvie, earl of Seafield] the lord high chancellor and lord president of the privy council, [John Gordon] the earl of Sutherland elected preses.

1. NRS, PC1/53, 450.

1. NRS, PC1/53, 450.

Sederunt, 7 March 1706, Edinburgh

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Att Edinburgh the Sevinth day of March Jaj vijc and Six years1

A1706/3/12

Sederunt

Earl of Sutherland; Earl of Hadingtoun; Earl of Dunmoir; Earl of Cromartie; Lord President of Session; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Ensteruther; Mr Fr Montgomrie; Lord Provest of Edinburgh

At Edinburgh 7 March 17061

A1706/3/12

Sederunt

[John Gordon] earl of Sutherland; [Thomas Hamilton] earl of Haddington; [Charles Murray] earl of Dunmore; [George Mackenzie] earl of Cromartie; [Sir Hew Dalrymple] lord president of session; [Sir James Murray of Philiphaugh] lord register; [Sir James Stewart of Goodtrees] lord advocate; [Adam Cockburn] lord justice clerk; [William] Lord Anstruther; Mr Francis Montgomerie; [Sir Patrick Johnston] lord provost of Edinburgh

1. NRS, PC1/53, 450.

2. NRS, PC1/53, 450.

1. NRS, PC1/53, 450.

2. NRS, PC1/53, 450.

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

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[28 March 1705] Eodem die post meridiem

A1705/3/341

Letter: royal

Letter to the Queen anent Captain Green etc

Letter from the Councill to the Queens Majestie Anent Captain Green and his men Read, voted and approven, and ordered to be recorded, and transmitted to her Majestie by a flying packet, wherof the tenor follows.
May it please your Majestie
It hath been Signified to ws by my Lord Chancellor that he hath a letter from the Duke of Argyle, which he produced and was read at the Board, Bearing that your Majestie had ordered all the papers Relateing to Captain Green and his Crews tryall, Should be sent wp to yor Majestie, And that whatever the Sentence of the Judges be, It Should not be putt in execution till yor Majesties pleasure be made knowen to yor privie Councill: Your Majestie may be most assured that all yor Commands are and Shall be ever very Sacred to ws, And that wee are fully Satisfied, and lykewayes most tender of yor Majesties prerogative in matters of this nature, But your Majestie may be pleased to know that after Sentence was pronounced by the Court of Admiralitie assisted by assessors appoynted by your Councill both against the Scots and English concerned, The Same have been Since confirmed by the confessions first of Thomas Lintsteed Englishman one of the Criminalls who hath freely confessed wnder his hand touching Greens engageing with the Shipe Seased, and his Selling the Same, which fully aggrees with what had been deposed in the proces, And then of George Haynes Englishman, and also condemned, who hath emitted Such a full and clear confession of pirracie, robberie and murder charged in Captain Greens indytment that ther remains no place for doubt, And that the said pirracie, robberie and murder wes committed wpon Captain Drummond and his Shipe Sent out by the Affrican Company of this kingdome, As ther confessions testifie, And farder wee have good reasone to think that if the forsaid Letter had not come So Soon, Severalls of the persons guiltie would betwixt and the day of execution, which is the fourth of Apryll have confessed als freely, and confirmed yet more fully all the procedure against them, But to take the matter as it now is, wee have for your Majesties Satisfaction caused transmitt ane abstract of the wholl proces viz of the Indytement and Informations on both Syds, And of the Judges Interloquitor upon the relivancie, and of the depositions and evidences taken in Court, and of the verdict of the Jurie, and Sentence of the Judges past theron, And also the above mentioned confessions And because of the deep concerne of this nation in this affair, wee must in all humble duty advyse and intreat your Majestie that no remission or repryve may be granted to any of the persons condemned, save as they shall be recommended wpon their ingenuitie, and other considerations be your Majesties Privie Councill, And that your gracious pleasure herin under your own Royall hand, may be Signified to ws alse soon as possible, In the mean tyme wee have granted no repryve, Save to the Said Lintsteed and Haynes, waiting for your further pleasure betwixt and the forsaid day, For wee may again assure your Majesties interest and Service, And the necessary Satisfaction of all your people, As for the said Lintsteed and Haynes wee have thought fitt on the consideration of ther abovementioned confessions to grant them a repryve to the fyfteinth of May nixt, And to recommend Lintsteed to your Majesties favour for a Remission, The remission for Haynes being already sent down, wee are in all duty, May it please your Majestie, Your Majesties most loyall, most humble, most faithfull and obedient Subjects and Servants Sic Subscribitur Seafeild Cancellar. Tweedale P. Rothes p.s. Montrose Roxburgh. Buchan. Lauderdale Roseberrie. Yester. James Steuart. George Baillie. Robert Dundas William Anstruther, James Falconer. F Montgomrie.

[At Edinburgh] 28 March 1705

A1705/3/341

Letter: royal

Letter to the queen concerning Captain Green etc

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

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

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

Act, 28 March 1705(pm), Edinburgh

Posted on by

[28 March 1705] Eodem die post meridiem

A1705/3/331

Act

Repryve In favours of George Haynes

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

[At Edinburgh] 28 March 1705

A1705/3/331

Act

Reprieve in favour of George Haynes

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

1. NRS, PC1/53, 380.

1. NRS, PC1/53, 380.

Act, 28 March 1705(pm), Edinburgh

Posted on by

[28 March 1705] Eodem die post meridiem

A1705/3/321

Act

Repryve In favoures of Thomas Lintsteed

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

[At Edinburgh] 28 March 1705

A1705/3/321

Act

Reprieve in favour of Thomas Lintsteed

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

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

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

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

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