Act, 13 February 1705, Edinburgh

Act, 12 March 1705, Edinburgh

Att Edinburgh the Thirteinth day of February Jaj vijc and fyve years

A1705/2/151

Act

Act In favours of Captain Green and Crew

Anent the Supplication given in and presented to the Lords of her Majesties Privie Counsell by Captain Thomas Green Commander of the Worchester, John Maders chiefe Mate, John Reynolds Secund Mate, Thomas Lintstide Assistant to the deceased Supercargo, James Sympson Gunner, Henry Kigill Carpenter, James Burne Boatswine, Samuell Urline Carpenters Mate, Andrew Rotsone Gunners Mate, Samuell Wilcocks Chirurgions Mate, John Brockly Cowper, George Kilchine Quarter-Master, John Ballingtoun Quarter-Master George Haynes Steuart, Alexander Taylior Foirmast man, Henry Barnes Idem, Shewing That wher the Saids Lords by ther Act the Twentie fyfth of January Last bypast In answer to ane petition given in by the Supplicants, Did ordaine them to be alimented dureing ther incarceration as they had been formerly befor that tyme, And they being alimented by Mr Roderick Mckenzie In name of the Affrican Company at one Shilling Sterling per day befor ther Imprisonement, They did requyre the Said Roderick by way of Instrument to pay them ther bygone aliment And to intertaine them as formerly, And ane Instrument on the back therof, theirwith produced, They humbly begged leave to lay befor the Saids Lords ther Starving condition heir in prisone wher they have now remained these Six weeks bypast and wpwards, dureing which tyme they had nothing, but what was furnished them wpon the faith and credite that the saids Lords would in Justice, as they had done, Ordaine them to be alimented; But now Seeing the Saids Lords ther Act had not taken effect, nor received due obedience, no persone will credite them any farder, So that they wer in danger of dying by reasone of Cold and hunger, which they hoped the Saids Lords would by ther Justice and clemencie prevent, For if they after tryall wer found guilty of what is laid to ther charge, they would willingly Submitt to Justice, But if Innocent as truly they wer, then it wer very hard, that they Should Suffer death by reasone of ther incarceration and want of necessary Subsistance; They lykewayes further begged leave to represent to the Saids Lords that by the practise of all Europe Yea it is the Law of all Nations that all pairties who are putt in wpon the accompt of crymes, Should be mantained untill their tryall; Otherwayes ane Innocent persone might come to Suffer death befor his tryall, And malitious persons might work ther revenge without any controle, And when pairties wer Incarcerat for civill debts, the Justice of the Nation hes provyded ane remedy In favours of Indigent debitors; And Therfor humbly begging the Saids Lords would be pleased to take ther miserable condition to ther Serious consideration, And would fall wpon Some methode for ther being alimented, while Imprisoned to prevent ther death by Cold and hunger, As the Said Petition bears; And als Anent another petition and representation given in and presented to the Saids Lords of her Majesties privie Counsell by Mr Roderick Mckenzie Secretary to the Indian and Affrican Company for himselfe and in name and behalfe of the said Companie, Humbly Shewing That wheras by the saids Lords delyverance on two Severall Petitions of Captain Green and his Crew the twentie fyfth of January Last, and eight of February instant, The Saids Lords wer pleased to appoynt and Ordaine that they Should be alimented by the Said Companie at one Shilling Sterling per diem, that the Same Should be payed wp and continued to them dureing ther Imprisonement, And had ordered that horning Should proceed against the petitioner for the Same, And declaired that the Said aliment Should affect the Cargo of the Shipe Worchester, The petitioner could not but be extreamly Surpryzed at Such pairt therof as concerns him in particular Since he hes neither any pairt of the Said Cargo in his possession, nor is intrusted by the Government, nor hes one Single pennie of the said Companys money in his hand In respect wherof he humbly hoped the Saids Lords would be pleased to recall ther order, at Least insofarr as directly concerned the petitioner; That Since Captain Green and his officers have Sufficient credite, not only to maintaine themselves, But lykewayes to answer all their other occasions, and wer never mantained by the said Company at a Shilling per diem, as was falsely represented to the saids Lords, It was humbly conceaved that they ought farr less to be so now, when the Company hes not alltogether the possession of the effects of that Ship as they had formerly; That if such of the crew as wer formerly mantained by the Company at a Shilling per diem Shall Still, by the saids Lords authoritie, have mantenance from the Company, It ought at least to be restricted to Such a moderat allowance, as is commonly given to state prisoners of ther qualitie, especiallie Since Some of them have for severall weeks been mantained to ther contentment by the keepers of Edinburgh, Cannongat Leith and Bruntisland Tollbooths at Six pence per diem each, And it is hoped that what the Company did formerly, meerly in generositie, may not now be urged as a precedent to their prejudice by any compulsory Act; That two of the persons formerly alimented by the Company viz Samull Urline and Henry Barns haveing only been engaged by Captain Green at Bengall long after his comeing from the coast of Mallabar, It was humbly offerred to the saids Lords consideration whither it may not be thought ane unnecessary hardshipe and expence to continue them prisoners, wnder the Same treatment with those who are accused of horrid crymes, as the said petition lykewayes bears; The Lords of her Majesties Privie Counsell haveing this day considered the within petition given in to them by Mr Roderick Mckenzie Together with another petition given in by Captain Thomas Green Commander of the Shipe the Worchester, Captain John Madder chiefe Mate and Severall others of his Shipe and Crew, And the Samen being read in their presence, The Saids Lords have restricted and heirby Restricts the aliment formerly payed and appoynted to be payed by the said Mr Roderick Mckenzie to these of Captain Greens Crew who wer formerly alimented by the Company, and each of them to Six Shilling Scots a day, except as to Such of them as are prisoners in the Castell of Edinburgh, And continues their aliment as formerly being to them twelve Shilling Scots per diem, And appoynts the Saids Mr Roderick Mckenzie to make payment therof accordingly to such of the said crew as are above mentioned; And Letters of horning under the Signet of Counsell wpon fyftein dayes to be directed heirwpon at the instance of the foirnamed persons, whose names and designations Shall be given in wnder their hand, Against the said Mr Roderick Mckenzie for payment therof as said is; And Appoynts and Ordains Samuell Urline, and Henry Barnes two of the said Captain Greens Crew, and who engaged with him after he came from the coast of Mallabar, To be sett at Liberty furth of the Tollbooth of […] And Gives order and warrand to the Magistrats of […] and keepers of ther Tollbooth to Sett them at Liberty accordingly, And refuses the desyre of Captain Greens bill, and such others of his Crew and Company, as wer not formerly alimented by the Affrican Company befor their committment.

Att Edinburgh the Thirteinth day of February Jaj vijc and fyve years

A1705/2/151

Act

Act In favours of Captain Green and Crew

Anent the Supplication given in and presented to the Lords of her Majesties Privie Counsell by Captain Thomas Green Commander of the Worchester, John Maders chiefe Mate, John Reynolds Secund Mate, Thomas Lintstide Assistant to the deceased Supercargo, James Sympson Gunner, Henry Kigill Carpenter, James Burne Boatswine, Samuell Urline Carpenters Mate, Andrew Rotsone Gunners Mate, Samuell Wilcocks Chirurgions Mate, John Brockly Cowper, George Kilchine Quarter-Master, John Ballingtoun Quarter-Master George Haynes Steuart, Alexander Taylior Foirmast man, Henry Barnes Idem, Shewing That wher the Saids Lords by ther Act the Twentie fyfth of January Last bypast In answer to ane petition given in by the Supplicants, Did ordaine them to be alimented dureing ther incarceration as they had been formerly befor that tyme, And they being alimented by Mr Roderick Mckenzie In name of the Affrican Company at one Shilling Sterling per day befor ther Imprisonement, They did requyre the Said Roderick by way of Instrument to pay them ther bygone aliment And to intertaine them as formerly, And ane Instrument on the back therof, theirwith produced, They humbly begged leave to lay befor the Saids Lords ther Starving condition heir in prisone wher they have now remained these Six weeks bypast and wpwards, dureing which tyme they had nothing, but what was furnished them wpon the faith and credite that the saids Lords would in Justice, as they had done, Ordaine them to be alimented; But now Seeing the Saids Lords ther Act had not taken effect, nor received due obedience, no persone will credite them any farder, So that they wer in danger of dying by reasone of Cold and hunger, which they hoped the Saids Lords would by ther Justice and clemencie prevent, For if they after tryall wer found guilty of what is laid to ther charge, they would willingly Submitt to Justice, But if Innocent as truly they wer, then it wer very hard, that they Should Suffer death by reasone of ther incarceration and want of necessary Subsistance; They lykewayes further begged leave to represent to the Saids Lords that by the practise of all Europe Yea it is the Law of all Nations that all pairties who are putt in wpon the accompt of crymes, Should be mantained untill their tryall; Otherwayes ane Innocent persone might come to Suffer death befor his tryall, And malitious persons might work ther revenge without any controle, And when pairties wer Incarcerat for civill debts, the Justice of the Nation hes provyded ane remedy In favours of Indigent debitors; And Therfor humbly begging the Saids Lords would be pleased to take ther miserable condition to ther Serious consideration, And would fall wpon Some methode for ther being alimented, while Imprisoned to prevent ther death by Cold and hunger, As the Said Petition bears; And als Anent another petition and representation given in and presented to the Saids Lords of her Majesties privie Counsell by Mr Roderick Mckenzie Secretary to the Indian and Affrican Company for himselfe and in name and behalfe of the said Companie, Humbly Shewing That wheras by the saids Lords delyverance on two Severall Petitions of Captain Green and his Crew the twentie fyfth of January Last, and eight of February instant, The Saids Lords wer pleased to appoynt and Ordaine that they Should be alimented by the Said Companie at one Shilling Sterling per diem, that the Same Should be payed wp and continued to them dureing ther Imprisonement, And had ordered that horning Should proceed against the petitioner for the Same, And declaired that the Said aliment Should affect the Cargo of the Shipe Worchester, The petitioner could not but be extreamly Surpryzed at Such pairt therof as concerns him in particular Since he hes neither any pairt of the Said Cargo in his possession, nor is intrusted by the Government, nor hes one Single pennie of the said Companys money in his hand In respect wherof he humbly hoped the Saids Lords would be pleased to recall ther order, at Least insofarr as directly concerned the petitioner; That Since Captain Green and his officers have Sufficient credite, not only to maintaine themselves, But lykewayes to answer all their other occasions, and wer never mantained by the said Company at a Shilling per diem, as was falsely represented to the saids Lords, It was humbly conceaved that they ought farr less to be so now, when the Company hes not alltogether the possession of the effects of that Ship as they had formerly; That if such of the crew as wer formerly mantained by the Company at a Shilling per diem Shall Still, by the saids Lords authoritie, have mantenance from the Company, It ought at least to be restricted to Such a moderat allowance, as is commonly given to state prisoners of ther qualitie, especiallie Since Some of them have for severall weeks been mantained to ther contentment by the keepers of Edinburgh, Cannongat Leith and Bruntisland Tollbooths at Six pence per diem each, And it is hoped that what the Company did formerly, meerly in generositie, may not now be urged as a precedent to their prejudice by any compulsory Act; That two of the persons formerly alimented by the Company viz Samull Urline and Henry Barns haveing only been engaged by Captain Green at Bengall long after his comeing from the coast of Mallabar, It was humbly offerred to the saids Lords consideration whither it may not be thought ane unnecessary hardshipe and expence to continue them prisoners, wnder the Same treatment with those who are accused of horrid crymes, as the said petition lykewayes bears; The Lords of her Majesties Privie Counsell haveing this day considered the within petition given in to them by Mr Roderick Mckenzie Together with another petition given in by Captain Thomas Green Commander of the Shipe the Worchester, Captain John Madder chiefe Mate and Severall others of his Shipe and Crew, And the Samen being read in their presence, The Saids Lords have restricted and heirby Restricts the aliment formerly payed and appoynted to be payed by the said Mr Roderick Mckenzie to these of Captain Greens Crew who wer formerly alimented by the Company, and each of them to Six Shilling Scots a day, except as to Such of them as are prisoners in the Castell of Edinburgh, And continues their aliment as formerly being to them twelve Shilling Scots per diem, And appoynts the Saids Mr Roderick Mckenzie to make payment therof accordingly to such of the said crew as are above mentioned; And Letters of horning under the Signet of Counsell wpon fyftein dayes to be directed heirwpon at the instance of the foirnamed persons, whose names and designations Shall be given in wnder their hand, Against the said Mr Roderick Mckenzie for payment therof as said is; And Appoynts and Ordains Samuell Urline, and Henry Barnes two of the said Captain Greens Crew, and who engaged with him after he came from the coast of Mallabar, To be sett at Liberty furth of the Tollbooth of […] And Gives order and warrand to the Magistrats of […] and keepers of ther Tollbooth to Sett them at Liberty accordingly, And refuses the desyre of Captain Greens bill, and such others of his Crew and Company, as wer not formerly alimented by the Affrican Company befor their committment.

1. NRS, PC1/53, 355-7.

1. NRS, PC1/53, 355-7.