Act, 25 January 1705, Edinburgh

Act, 12 March 1705, Edinburgh

Att Edinburgh the Twentie fyfth day of January Jaj vijc and fyve years

A1705/1/241

Act

Act Continueing Captain Green and Crews aliment

Anent the petition given in and presented to the Lords of her Majesties privie Councill by Captain Thomas Green Commander of the Worchester, Captain John Waddell chiefe Mate, John Reynolds Second Mate, Thomas Lintstead assistant to the deceased Supra Cargo, James Sympson Gunner, Henry Keagle Carpenter, James Bruce Boatswinne, Samuell Urchine Carptenters Mate, Andrew Robertsone Gunners Mate, Samuell Willcocks Chirurgeons Mate, John Brockley Cowper, George Kitchine Quarter Master, George Glen Quarter-Master, John Ballingtoun Quarter Master, George Haynes Steuart, Alexander Tayleor Fourmast man, and Henry Barnes idem, Shewing That they being Imprisoned upon ane Information exhibited to my Lord Chancellor, and by his Lordships warrands and ther Shipe and goods Seased on by the Scots Company tradeing to Affrica and the Indies, and the samen being now by the saids Lords order unloaden, The owners of the shipe, have and doe refuse to pay them ther wages, alleadging that the care and manadgment of the Shipe is not in ther charge, which is the originall cause of ther getting wadges. And the Affrican Company have for that reasone ever since the seazer of ther Shipe alimented all the Crew at a shilling per diem till of late that the petitioners weer cast into prisone upon ane accusation from which as they weer conscious to be free, So tyme and tryall would make ther Innocence manifast to the world which they have been urgeing and applying for both to the Justiciars and Admirality (as is knowen to some of ther lordships number) Nevertheless ther are a great many dayes to rune befor the tryall cane be brought to a close, or they sett at Liberty And haveing nothing to Subsist upon in ane Strange Countrie, and being by prison depryved of the Means of Shifting for themselves, Therfore craveing it might please the saids Lords who have taken nottice of ther accusation, To be so generous and compassionat of ther misfortoun, as to order a Subsistance for them dureing their confynement, And particularly to take care that the Affrican Companie continue the allowance to the Crew as formerly, Conforme to the saids Lords ther dayly practise in the lyke case, as the said petition bears; The Lords of her Majesties privie Counsell haveing upon the Sixteinth day of January instant Considered the said petition given in to them by Captain Thomas Green Commander of the Shipe the Worchester Captain John Madder chiefe Mate, and severall others of the Crew of the said shipe, And the samen being read in ther presence, The Saids Lords Doe heirby Recommend to the Lord Advocat to consider the matter represented in the said petition, And to Call for Mr Roderick Mckenzie Clerk to the Affrican Companie, And know att him why the aliment formerly granted to the petitioners, is withdrawen, And to report to the Counsell nixt Councill day; Lykeas upon the day and date of thir presents The Lords of her Majesties Privie Councill Doe heirby Appoynt and Ordaine the aliment formerly payed to Captain Green Commander of the East India Shipe the Worchester and his Crew to be payed up and continued to them dureing ther Imprisonement, And have Declaired and heirby Declaires that the Samen aliment shall affect the Cargo of the East India Shipe the Worchester.

At Edinburgh 25 January 1705

A1705/1/241

Act

Act continuing Captain Green and crews’ aliment

Concerning the petition given in and presented to the lords of her majesty’s privy council by Captain Thomas Green, commander of the Worcester, Captain John Waddell chief mate, John Reynolds second mate, Thomas Lintstead assistant to the deceased supra cargo, James Simpson gunner, Henry Keagle carpenter, James Bruce boatswain, Samuel Urchine carptenter’s mate, Andrew Robertson gunner’s mate, Samuel Willcocks surgeon’s mate, John Brockley cooper, George Kitchen quartermaster, George Glen quartermaster, John Ballington quartermaster, George Haynes steward, Alexander Taylor foremast-man, and Henry Barnes [foremast-man], showing that they being imprisoned upon an information exhibited to [John Hay, earl of Tweeddale] my lord chancellor, and by his lordship’s warrants, and their ship and goods seized on by the Scots Company trading to Africa and the Indies, and the same being now by the said lord’s order unloaded, the owners of the ship have and do refuse to pay them their wages, alleging that the care and management of the ship is not in their charge, which is the original cause of their getting wages. And the African Company have for that reason ever since the seizure of their ship alimented all the crew at a shilling per day until of late that the petitioners were cast into prison upon an accusation from which as they were conscious to be free, so time and trial would make their innocence manifest to the world, which they have been urging and applying for both to the justiciars and admiralty (as is known to some of their lordships’ number). Nevertheless there are a great many days to run before the trial can be brought to a close, or they set at liberty, and having nothing to subsist upon in a strange country, and being by prison deprived of the means of shifting for themselves, therefore craving it might please the said lords who have taken notice of their accusation, to be so generous and compassionate of their misfortune, as to order a subsistence for them during their confinement. And particularly to take care that the African Company continue the allowance to the crew as formerly, conform to the said lords their daily practice in the like cases, as the said petition bears. The lords of her majesty’s privy council having upon 16 January instant considered the said petition given in to them by Captain Thomas Green, commander of the ship the Worcester , Captain John Madder chief mate, and several others of the crew of the said ship, and the same being read in their presence, the said lords do hereby recommend to the lord advocate to consider the matter represented in the said petition, and to call for Mr Roderick Mackenzie, clerk to the African Company, and know at him why the aliment formerly granted to the petitioners is withdrawn, and to report to the council next council day. Likewise upon the day and date of these present, the lords of her majesty’s privy council do hereby appoint and ordain the aliment formerly paid to Captain Green, commander of the East India ship the Worcester , and his crew to be paid up and continued to them during their imprisonment. And have declared and hereby declares that the same aliment shall affect the cargo of the East India ship the Worcester.

1. NRS, PC1/53, 349-50.

1. NRS, PC1/53, 349-50.