Scottish Privy Council Records

Att Edinburgh the Third day off August J^aj vj^c nyntie tuo years

A1692/8/13¹

Act

Act anent William Smith and his Spouse and others strangers

Anent the petitione Given in to the Lords of there majestyes privie Councill be Uilliam Smith […] Thomas his spouse strangers and there servants all prisoners Shewing That the petitioner being ane Inhabitant in the citie of Jane Marinbuag in Polland and a free Denizon of that of that² Kingdome as appears from his Boar breiff and pass under the seall and subscription of his majesty King of Polland in the petitioners hands whereby the petitioner hes the full priviledge of trade and Comerce with all nationes Kingdomes and Comonwealths that for the present tyme are in amity and freindship with the pollanders and accordingly the petitioner being maister of a ship Called the Robert and haveing undertaken a voyadge from bergn in Norroway to Limrick in Ireland with a Cargo of tarr pitch etc as appears by the bill of Loadneing thereof daitted the second day of Februarij J^aj vj^c and nyntie tuo It pleased the providence of God that he suffered shipwrack by a storme upon the coast of Ireland From which there were nothing redeemed but his oune and seamans Lyves And haveing come from thence hither for ane occasione of goeing to London aither by Land or sea with the reversione only about tuenty or threttie pieces which wes all that he got saved And not finding a convenient opportunity of sending his wyfe by Land to London where he wes intending to have brought aneother vessell upon his oune score He resolved to buy a small Catch which he hade the offer of at Leith from one William Fraser in Innerness ouner thereof which wes accordingly disponed to him upon the eighteent day of Jully J^aj vj^c nyntie tuo By which he Intended no more advantage but his transportatione to London where he might purchass a vessell fitt for trade And betuixt the tyme of his buyeing this catch and his sailling, a certaine Gentleman haveing partioned with the petitioner for fyve or six passengers And ane other Gentleman haveing partioned for himself who were all unknown to the petitioner And they haveing come aboord And the petitioner haveing carryed them the Length of Dumbar Did putt them there ashoar where upon Landing the petitioner and the saids Gentlemen as being suspected as come from France were seized by the Bailzies of the place And upon his Informatione to the Councill were by the saids Lords brought back to Edinburgh and Comitted to prisone And now the scene is so farr changed That in place of comeing from France, The petitioners are now charged with a designe of goeing to it And that the petitioner being carryeding³ away persones in his company This were against the Lawes of the place sieing they might be obnoxious to the government As to which It is represented for the petitioner that tho there wes no such thing Intended by the petitioner yet the petitioner hade been designed to goe to France It wes no more but what he might Lawfullie done, His pass allowing him alse much to trade with France as aither with Scotland or England Secundo That the petitioner wes Intending to carry any of these Gentlemen to that Kingdome is most false And tho one of there Lordships number hes taken vast paines to expiscat that designe yet the petitioner supposes that all his pasengers have declared They were Intending for no other port then London nether is there any other presumptione Can be pretended for a designe to France But on the contrair The petitioner can demonstrat by evident reasones that he designed not to that Kingdome For Primo/ If there hade been any such designe It hade been verie easie to effectuate the same For at the same tyme when the petitioner put in to the harbour of Dumbar He could have alse easiely gone in to a french privateer that wes Roveing to and frae upon the coast within sight And it is not to be presumed But if any Gentlemen hade been designed for France The privateer would have made them verie wellcome And tho there hade been no privateere in that place yet if the petitioner hade pleased⁴ (as the wind then stood) being at east Easiely have put in his passengers to the Bass nether of which he did But upon the contrair He brought them from both And Landed them in the terra firma in the same kingdome/ Secundo/ As to the petitioners haveing persones aboord unknowen to him and who might be obnoxious to the Government It is ansuered that the petitioner not designeing to carry these persones out of the British dominions nor to any place in enmity with the Kingdome This could not be a ground of seizure of the petitioners vessell And farr Less of Imprisonement of his persone/ secondo/⁵ The acts of Councill dischargeing persones to goe off the Kingdome without passes are not Lawes of the Kingdome which the petitioner as a stranger and subject of a King in amity with the King of Brittain is obleidged to know acts of Councill Being no pairt of the Lex bellj/ Tertio/ As the petitioner is Informed there is none of these Gentlemen that were aboord with him are anywayes obnoxious to the Government And Quarto The petitioner hes carryed no subjects out of the Kingdome haveing Landed all his passengers whom he hade aboord at Dumbar Efter which if the Bailzie of that place suffered any of them to escape The petitioner is not concerned there with By all which It evidently appears that the petitioner is guilty of no cryme that could so much at the Least Endanger the seizure of his ship And Farr Less that that⁶ may be relevant to Imprisone his persones and sieing the petitioner wes so farr from takeing any of these persones to the Kingdome of France That a great pairt of the reasone of his comeing in to Dumbar was to be free of the trouble and rudenes that privateers doe sometymes use even upon vessells belonging to neuter tho he wes not in hazard of being taken pryze Because of his pass forsaid And which by the Law of nationes ought equallie to protect him in this Kingdome alswell as in any other dominions in Christendome And therefore Hopeing that the saids Lords would be tender of violating the priviledge of the Kingdome of Polland which is newtrall unto and in amity with both Kingdomes of France and Brittain And not give any Just occasione of offence to that Kingdome And will therefor order the petitioners wyfe servants and ships Liberatione without further delay And that free of any expenses to the Keepers of the prisone or any otherwayes The petitioner haveing by reasone of his being shipwrackt as said is nothing to defray the same As also that the saids Lords would order the magistrats of Dumbar to make up the petitioner his provisions which the petitioner is Informed The saids magistrats hes suffered to be Imbaizled by the rabble in that place which they ought to have secured for the petitioners use As the said petitione bears The Saids Lords of there Majesties privie Councill haveing considered this petitione Given in to them be the above William Smith His sone and wyffe They refuse to ordaine the said petitioner to be set at Liberty for this tyme In respect of severall badd Informationes Given againest him But recomends to there Majestyes sollicitor to Cause Carry the said petitioner from the Guaird house of Edinburgh where he now is to the tolbooth thereof Therein to remaine closs prisoner untill further order of Councill And recomends to the Comittee formerly appoynted for examining of the said petitioner and the other persones seized with him To reexamine the said petitioner and report to the Councill And adds Sir Robert Sinclair of Steivinstoun to the forsaid Comittee.

At Edinburgh 3 August 1692

A1692/8/13¹

Act

Act concerning William Smith and his spouse and others strangers

Concerning the petition given in to the lords of their majesties’ privy council by William Smith […] Thomas his spouse, strangers, and their servants, all prisoners, showing that the petitioner being an inhabitant in the city of Marienburg in Poland and a free denizen of that kingdom, as appears from his boar brief and pass under the seal and subscription of his majesty [the] king of Poland in the petitioner’s hands, whereby the petitioner has the full privilege of trade and commerce with all nations, kingdoms, and commonwealths that for the present time are in amity and friendship with the Poles, and accordingly the petitioner being master of a ship called the Robert and having undertaken a voyage from Bergen in Norway to Limerick in Ireland with a cargo of tar, pitch etc as appears by the bill of loading thereof dated 2 February 1692, it pleased the providence of God that he suffered shipwreck by a storm upon the coast of Ireland, from which there was nothing redeemed but his own and seamen’s lives. And having come from thence hither for an occasion of going to London either by land or sea with the reversion only about twenty or thirty pieces, which was all that he got saved, and not finding a convenient opportunity of sending his wife by land to London where he was intending to have brought another vessel upon his own score, he resolved to buy a small catch which he had the offer of at Leith from one William Fraser in Inverness, owner thereof, which was accordingly disponed to him upon 18 July 1692, by which he intended no more advantage but his transportation to London, where he might purchase a vessel fit for trade. And between the time of his buying this catch and his sailing, a certain gentleman having portioned with the petitioner for five or six passengers, and another gentleman having portioned for himself, who were all unknown to the petitioner, and they having come aboard and the petitioner, having carried them the length of Dunbar, did put them there ashore, where upon landing the petitioner and the said gentlemen as being suspected as come from France were seized by the bailies of the place and upon his information to the council were by the said lords brought back to Edinburgh and committed to prison. And now the scene is so far changed that in place of coming from France, the petitioners are now charged with a design of going to it, and that the petitioner being carrying away persons in his company, this was against the laws of the place, seeing they might be obnoxious to the government. As to which it is represented for the petitioner that though there was no such thing intended by the petitioner, yet the petitioner had been designed to go to France, it was no more but what he might lawfully do, his pass allowing him as much to trade with France as either with Scotland or England. Secondly, that the petitioner was intending to carry any of these gentlemen to that kingdom is most false, and though one of their lordships’ number has taken vast pains to expiscate that design, yet the petitioner supposes that all his passengers have declared they were intending for no other port then London, nether is there any other presumption [that] can be pretended for a design to France, but on the contrary the petitioner can demonstrate by evident reasons that he designed not to that kingdom. Firstly, if there had been any such design it would have been very easy to effectuate the same, for at the same time when the petitioner put into the harbour of Dunbar, he could have as easily gone into a French privateer that was roving to and fro upon the coast within sight, and it is not to be presumed but if any gentlemen had been designed for France, the privateer would have made them very welcome, and even if there had been no privateer in that place, yet if the petitioner had pleased (as the wind then stood being at east) [he could] easily have put in his passengers to the Bass, neither of which he did, but on the contrary he brought them from both and landed them in the terra firma in the same kingdom. Secondly, as to the petitioner’s having persons aboard unknown to him and who might be obnoxious to the government, it is answered that the petitioner not designing to carry those persons out of the British dominions, nor to any place in enmity with the kingdom, this could not be a ground of seizure of the petitioner’s vessel, and far less of imprisonment of his person. Secondly, the acts of council discharging persons to go off the kingdom without passes are not laws of the kingdom which the petitioner as a stranger and subject of a king in amity with the king of Britain is obliged to know, acts of council being no part of the lex belli. Thirdly, as the petitioner is informed there is none of those gentlemen that were aboard with him [who] are in any way obnoxious to the government. And fourthly, the petitioner has carried no subjects out of the kingdom, having landed all his passengers whom he hade aboard at Dunbar, after which if the bailie of that place suffered any of them to escape, the petitioner is not concerned therewith. By all which, it evidently appears that the petitioner is guilty of no crime that could so much at the least endanger the seizure of his ship, and far less that that may be relevant to imprison his person, and seeing the petitioner was so far from taking any of these persons to the kingdom of France that a great part of the reason of his coming in to Dunbar was to be free of the trouble and rudeness that privateers do sometimes use, even upon neutral vessels, though he was not in hazard of being taken [as a] prize because of his pass foresaid and which by the law of nations ought equally to protect him in this kingdom as well as in any other dominions in Christendom. And therefore hoping that the said lords would be tender of violating the privileges of the kingdom of Poland, which is neutral unto and in amity with both kingdoms of France and Britain, and not give any just occasion of offence to that kingdom and will therefore order the petitioner’s wife, servants’, and ships’ liberation without further delay, and that free of any expenses to the keepers of the prison or any otherwise, the petitioner having by reason of his being shipwrecked as said is nothing to defray the same. As also that the said lords would order the magistrates of Dunbar to make up the petitioner his provisions, which the petitioner is informed the said magistrates have suffered to be embezzled by the rabble in that place, which they ought to have secured for the petitioner’s use as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above William Smith, his son, and wife, they refuse to ordain the said petitioner to be set at liberty for this time in respect of several bad reports given against him, but recommend to their majesties’ solicitor to cause carry the said petitioner from the guard house of Edinburgh where he now is to the tolbooth thereof, therein to remain close prisoner until further order of council. And recommend to the committee formerly appointed for examining of the said petitioner and the other persons seized with him to re-examine the said petitioner and report to the council. And adds Sir Robert Sinclair of Stevenston to the foresaid committee.

1. PC1/48, 352-5.

2. Sic.

3. Written over the word ‘carried’.

4. Inserted above the line. An illegible word also scored out.

5. *Sic., this* should be ‘tertio’, and subsequent points are numbered incorrectly.