Warrant, 21 December 1699, Edinburgh

Att Edinburgh The Nynteinth day of January J^aj vi^c Nyntie Nyne years

D1699/1/11

D1699/1/11¹

Act

Act and Comittie James Walkinshaw Merchant

Anent the petition given in to the Lords of his Majesties privy Councill by James Walkinshaw merchant in Glasgow, ² Shewing That the petitioner haveing engadged severall servants to goe allongst in a voadge to the West Indies, and being read to Shipp them aboard gott nottice of ane Order published by the saids Lord, prohibiting all persons whatsoever to export furth of this kingdome any persones of men to the plantations of Forraigners in the West Indies without Licence from the saids Lords, The petitioner thought it his duty humbly to Lay before the saids Lords the Circumstances of his case, hopeing upon the Just Consideration therof the saids Lords would graciously allow him to proceed in the forsaid voydge For haveing not only fraughted a Ship wholly belonging to Scots men, and provyded a great part of Biskit for bread from Ireland, In Consideration of the scarcity of this kingdome, Bot also took on the Servants at the earnest desire of their parents and themselves out of pity to their Starving Condition, And the petitione intertained and Cloathed them at his oun Charge now two moneths agoe, the petitioner suffered them to Live at Libertie a shoar untill the ship was ready to saile and haveing particular indenturs with every one of the saids servants, with every one of the said servants, Wherby Such as are twentie years and upwards are only to serve for four years, and such as are under the age of Twentie only six years, and was willing to find Sufficient Caution that non of the saids Servants should be disposed off, Bot to Scots Inglis or Irish planters for the space forsaid, neither of all the servants the petitioner had engadged was ther one who was either Compelled or Sedduced, Bot all of them goe most willingly and the petitioner Shall be heartily Satisfied the saids Lords Should Recomend it to Mr Francis Montgomerie, The Magistrats of Glasgow Or any other magistrats near the plane to try and examine every one of them and if any Shall yet be in the least unwilling to goe the petitioner should freely dispense with such, notwithstanding of the great expence the petitioner hade Laid out, and seing the petitioner hade Laid out, and Seing the petitioner Loss both of expence the petitioner hade been at in Cloathing and mantaineing about a hundred and upwards of servants for thrie moneths, and the fraught and provisiones for the vessell would be so great that it would bring the petitioner under great burdein, and that the petitioner hade been Surprized with the said prohibitione and restraint upon a Trade of this kynd Which hade been hitherto freely allowed and that the saids Lords hade allowed Strangers to Compleat their voage, Who were in no other Circumstances then the petitioner and those Concerned with him It was hoped Therfore the saids Lords would not make the forsaid prohibitione More grievous and Strict against the petitioner a tradeing merchant in this kingdome then against Foreaigners, And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill haveing Considered this petition given in to them by the above James Walkinshaw, They Doe hereby allow the petitioner to shipp aboard the servants he has ingadged in his voyage to the west Indies, and Discharges all magistrats and others to mollest him theranent By vertue of the act of prohibition published by the Lords of privy Councill The said James Walkinshaw allwayes before³ Shypping aboard any of his Saids Servants, produceing all his said servants before and in presence of Mr Francis Montgomrie of Giftan and James Peadie present provest of Glasgow To whom the saids Lords Doe hereby Recommend to examine the saids persones Shipped or to be shipped if they be Compelled or sedduced, or unwilling to goe in the said voyage With power to the saids Commissioners to dissmiss and put to Libertie Such of the saids Servants as they shall find to be Compelled Seduced or unwilling to goe the forsaid voyage And to give the petitioner a Warrand for Shipping and Transporting such of the saids Servants as they shall find not to be Compelled or seduced and willing to goe the forsaid voyage.