Procedure, 19 December 1704, Edinburgh

Edinburgh The Tenth off February One Thousand seven Hundereth and four years

A1704/2/26

A1704/2/26¹

Act

Act Infavours off The Affrican Company

Anent The petition given in and presented To The Lords of Her Majesties privie Councill By the Court of Directors of the Company of Scotland Trading to Africa and the Indies Shewing That haveing in the year 1700 fitted out for the East Indies a Ship with a considerable Cargo, which was unfortunatly lost in the streights of Mallorca But the Cargo hapning to be saved and remaining in the hands of the Companie servants and factors there The Companie and such others as Joyned with them Did lately buy and fitt out at London at a very Considerable Chairge another shipe Called the Annandale in order cheifly to bring home the said Cargo That by the Instigatione of the English East India Company (as there is too much ground to suppose greater rigour and severities have been used in passing the Ships Entries at the Custome house at London than have ever been used to any Forreigners in amity with the English Nation² That when the said shipe was fully cleared and Just ready to saill from the Douns the English East India Companie have by their officers and armed persones in a violent and arbitrary manner without any proces of Law or other legall authoritie and in breach of the Law of Nations Seized the said shipe forcible turned out most of the seamen and pretending to carry the shipe into Port, Struck her upon a Bank where she lay beating To her great damnage till high watter Took all the Cargo and guns ashoar as a prize to the English East India Company and left the Chairge of the shiep and Stores to the Laules Discreation of 40 or 50, louse felloues without Command who threaten to Divyde the spoyle amonge them as may more particularly appear by the annexed Coppie of ane affidavit taken befoir the Lord Cheife Justice of England and of a Missive Letter one that head And Therefore Creaving their Lordships To take the premisses into their serious consideration and take such immediat measures for procureing reparatione to the Natione in Generall and their Companie in particular of those Insupportable abuses as their Lordships In their profound wisdome shall seem meet and Expedient as the said petition bears The Lords of Her Majesties privy Councill Haveing considered the petitione Given into them By the Affrican Companie and the samen togither with the Coppie off the affidavit annent the shipe called the Annandale and a Coppie off of a Missive Letter thereannent Being read in their presence The saids Lords Doe heirby Recommend to Sir James Stewart Her Majesties advocat To prepair and bring into the Councill nixt Councill day ane Letter to be sent by the Councill To Her Majestie relaiting therto and appoynts ane double of the petitione to be therwith transmitted Togither with ane double of the affidavit and the Letters to be sent to the Secretatries³ To be laid befoir Her Majestie.