Act, 10 January 1693, Edinburgh

Act, 28 December 1693, Edinburgh

Att Edinburgh the Tenth day of Januarij Jaj vjc and nyntie three years

A1693/1/161

Act

Act Thomas Kellie

Anent the petitione Given in to the Lords of there majesties privie Councill be Thomas Kellie barrone bailzie of Eymouth Shewing That whereas some dayes agoe there came in to the port of Eyemouth a small boat Loadned with coall from Blythsneuck in England which wes suspected by the Collector of the Customes in the forsaid port to be bound for the Bass And designed to supplie the rebells with coalls And tuo men of the Company of the forsaid boat being seized on by the Collector The petitioner as Bailzie of the place out of zeall for the service of the government Did to the outmost of his power offer his Concurrance for secureing of the saids boatmen And accordingly ordered three men to goe and assist the Collector and his waiters in Keeping them till they should be Carryed to some place where there wes a prisone But the said boatmen haveing throw the negligence or Imprudence of there keepers escaped The petitioner wes sent for by there Lordships and committed to prisone And hes ben since fully examined by a Comittee of there Lordships number Befor whom It is hoped the petitioner hes at least sufficiently vindicated himself from any wilfull offence done to the government In which ever since this happie revolutione The petitioner in his Circumstances and Capacity hes alwayes showed the greatest goodwill and affection wherefore it is hoped The saids Lords will be pleased to Impute this misfortune to no treachery nor designe in the petitioner But to the want of a prisone and a sufficient force to have secured these prisoners which Indeed is very plaine and obvious from the petitioners case He being but a barrone bailzie of a small and Inconsiderable fishertoun And therefore Craveing that the saids Lords would be pleased to ordaine the petitioner to be set at Liberty And that aither upon cautione to ansuer when called or without it As the said petitione bears The Saids Lords of there Majesties privie Councill haveing considdered this petitione given in to them be the above Thomas Kellie They hereby give order and warrand to the magistrates of Edinburgh and Keeper of there tolbooth To Sett the petitioner at Liberty furth thereof In respect he hes found sufficient cautione acted in the books of privie Councill That he shall Live peaceablie under and with all submissione to the present government of there Majesties King William and Queen Mary And that he shall not act consult or contryve any thing in prejudice thereof nor shall not converse nor correspond with rebells And that he shall appear befor the saids Lords of there majesties privie Councill when called for under the penalty of Fyve Hundreth merks In Case he shall failzie in any pairt of the premises and allowes Ninian Broun and Michaell Cockburne who were examined as witnesses In this effair to returne to there homes.

At Edinburgh, 10 January 1693

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Act

Act for Thomas Kellie

Concerning the petition given in to the lords of their majesties’ privy council by Thomas Kellie, baron bailie of Eyemouth, showing that whereas some days ago there came in to the port of Eyemouth a small boat laden with coal from Blythe in England which was suspected by the collector of the customs in the foresaid port to be bound for the Bass and intended to supply the rebels with coal, and two men of the company of the foresaid boat being seized by the collector, the petitioner as bailie of the place out of zeal for the service of the government did the outmost of his power to offer his help for securing of the said boatmen, and accordingly ordered three men to go and assist the collector and his waiters in keeping them till they should be carried to some place where there was a prison. But the said boatmen, having through the negligence or imprudence of their keepers escaped, the petitioner was sent for by their lordships and committed to prison and has since been fully examined by a committee of their lordships number, before whom it is hoped the petitioner has at least sufficiently vindicated himself from any wilful offence done to the government in which ever since this happy revolution the petitioner in his circumstances and capacity has always shown the greatest good will and affection, wherefore it is hoped the said lords will be pleased to impute this misfortune to no treachery or design by the petitioner but to the want of a prison and a sufficient force to have secured those prisoners, which indeed is very plain and obvious from the petitioner’s case, he being but a baron bailie of a small and inconsiderable fisher town, and therefore craving that the said lords would be pleased to order the petitioner to be set at liberty and that either upon caution to answer when called or without it, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Thomas Kellie, they hereby give order and warrant to the magistrates of Edinburgh and keeper of their tolbooth to set the petitioner at liberty in respect that he has found sufficient caution acted in the books of privy council that he shall live peacefully under and with all submission to the present government of their majesties King William and Queen Mary and that he shall not act, consult or contrive anything in prejudice thereof and shall not converse or correspond with rebels, and that he shall appear before the said lords of there majesties’ privy council when called for under the penalty of 500 merks in case he fails in any part of the premises, and they allow Ninian Brown and Michael Cockburn who were examined as witnesses in this affair to return to their homes.

1. PC1/48, 546-7.

1. PC1/48, 546-7.