Act, 3 August 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Edinburgh the Thrid day of August Jaj vjc nyntie two years

D1692/8/141

Act

Act Androw Mortoune

Anent the petitione given in to the Lords of his majesties privy Council be Androw Mortoun merchant in Edinburgh Shewing That wher Cornelious van-Wassenher Comander of the Dutch Frigot Haveing seizd a Danish ship burdened with wyne in the Road of Leith near a twelue moneth agoe, Wherof the Lords of Councill being informed, His Grace the Duke of Hamiltone was desyred to interpose with the Captaine to deliver up the ship and goods, And accordingly they ware first delivered to the Collector, And therafter to the petitioner to whom the loadning was consigned upon his finding Caution to make the ship and Cargo furthcomeing to any persone that should be found to have best right therto, Which accordingly he did, And therafter upon a new applicatione, The Councill ware pleased to approve what the Duke of Hamilton hade done, In pursuance of the warrand of Councill, and did liberat the ship and appointed the Fraught to be payed, And Ordained the petitioners former bond and Cautione to be delivered up upon his granting a new bond and Cautione to releive the Duke of Hamiltone of any damnadge that his Grace should sustaine by his interposeing in the matter The Petitioner doeth now humbly Represent primo That in other caices the Councill have Considered the honor of the natione concerned to vindicat the merchants therof from such injuries and Insults comitted in their oun roads which is equivolent to our harbours, And Therfore in the caice of Thomas Weir, who was seized upon by the Commander of ane English Frigott in the Watter of Clyde, The Councill appointed the ship to be sett free, And very lately a danish ship having been seized in the road of Leith by the Comander of ane English Friggott The Council upon the application of Robert Watson merchant and ouner of the loadning Did appoint the ship and loadning to be sumarly Delivered to the said merchant without any Caution at all, secundo as to 2 any3 concerne the Duke of Hamilton may have in this matter, His Grace was very fully and amply approven and exonored by the Councill and what he acted was truely by the Councills warrand, And their exonoration is a suficient and ample securitie and the greatest that the nation could affoord in such publict transactions And it caries some reflection to the government that the Councills exonoratione must be Supported by a Privat Caution Which ware of no use for his Grace Tertio tho the petitioner be suficiently sensible that ther can be no hazard or damnadge in the matter yet all merchants Doe Reckon it a great inconveniencie and burdein upon trade to lye under 4 perpetuall Oblidgments of whatsomever natur, And much more that they should be oblidged to find a Cautioner for a great Soume who can never be Releived, Because ther is no ground for distress, Quarto tho the loadning was Consigned to the petitioner yet many was concerned in it, And it is very hard that the petitioner should be Bound for all for if he should retaine the loadning or any part therof, The other parties concerned would have cause to Complaine and if he should not, It ware much more unreasonable that he with a Cautioner should remaine bound without releiff And seing that a year is now elapsed And that no persone doeth or ever will Compeir to Crave any intrest in that loadning And Therfore Humbly Craveing that the saids Lords would consider the great inconveniencie to trade by exacting such perpetuall obligationes and what the hade practised in other caises And Since that tyme, And according to the same rite of Justice to ordaine the petitioners former bond and Caution to be delivered up to him by the Clerk without exacting any new bond or Caution from his as the said Petition bears Which being read in presence of the saids Lords, They Allowed his Grace the Duke of Hamilton to see and answer the same, Who haveing accordingly taken up the said Petition Returned the same And gave in the answers therto following viz That he oppones the former act of Councill dated the fiftein of December last To Which the said Androw Mortoune his petition doeth relate By which the saids Lords did approve of what the Duke did in the said matter and the orders directed by him to the Dutch Captaine for delivering of the ship and goods to the said Androw Mortoune upon his granting bond with Cautione for secureing and releiveing of the Duke at all hands of any hazard he might sustaine upon the accompt of what he hade done in the said matter In his transaction with the Dutchman of Warr Or Otherwayes, And the saids Lords would be pleased to adhere to the act of Councill Bot if notwithstanding to the forsaid act the saids Lords should think fitt to order the forsaid bond to be given up The Saids Lords would be pleased to lay doune some effectuall way wherby the Duke may be secured against all hazard in that affair The Lords of their Majesties Privy Councill Haveing Considered the petitione given in to them be the above Androw Mortoune with the answers made therto by his Grace the Duke of Hamiltone and former act of Councill In favors of his Grace mentioned in and produced with the saids answers, They heirby Requyre and Command the Clerks of Councill in whose hands the bond mentioned in the said act of Council formerly granted to his grace by the said Androw Mortoune And his Cautioner is presently Lying To deliver up the same to the said Androw Mortoune, And the saids Lords Adheres to their former act in favors of his Grace the Duke of Hamilton except as to the granting of a new bond by the said Androw Mortoune to his grace for his releiff and delivering up the old bond formerly granted by him And Ratifies and approves all his graces preceedings and what was done and acted by him In Relation to the said ship, And Declares thir presents Shall be a suficient exoneration to his grace and a full and ample securitie to him against all Damnage and hazard he may sustaine or Incurr by vertue of any orders granted by him or by what his grace acted or did any other way in relation to the said ship and her Cargo.

Edinburgh the Thrid day of August Jaj vjc nyntie two years

D1692/8/141

Act

Act Androw Mortoune

Anent the petitione given in to the Lords of his majesties privy Council be Androw Mortoun merchant in Edinburgh Shewing That wher Cornelious van-Wassenher Comander of the Dutch Frigot Haveing seizd a Danish ship burdened with wyne in the Road of Leith near a twelue moneth agoe, Wherof the Lords of Councill being informed, His Grace the Duke of Hamiltone was desyred to interpose with the Captaine to deliver up the ship and goods, And accordingly they ware first delivered to the Collector, And therafter to the petitioner to whom the loadning was consigned upon his finding Caution to make the ship and Cargo furthcomeing to any persone that should be found to have best right therto, Which accordingly he did, And therafter upon a new applicatione, The Councill ware pleased to approve what the Duke of Hamilton hade done, In pursuance of the warrand of Councill, and did liberat the ship and appointed the Fraught to be payed, And Ordained the petitioners former bond and Cautione to be delivered up upon his granting a new bond and Cautione to releive the Duke of Hamiltone of any damnadge that his Grace should sustaine by his interposeing in the matter The Petitioner doeth now humbly Represent primo That in other caices the Councill have Considered the honor of the natione concerned to vindicat the merchants therof from such injuries and Insults comitted in their oun roads which is equivolent to our harbours, And Therfore in the caice of Thomas Weir, who was seized upon by the Commander of ane English Frigott in the Watter of Clyde, The Councill appointed the ship to be sett free, And very lately a danish ship having been seized in the road of Leith by the Comander of ane English Friggott The Council upon the application of Robert Watson merchant and ouner of the loadning Did appoint the ship and loadning to be sumarly Delivered to the said merchant without any Caution at all, secundo as to 2 any3 concerne the Duke of Hamilton may have in this matter, His Grace was very fully and amply approven and exonored by the Councill and what he acted was truely by the Councills warrand, And their exonoration is a suficient and ample securitie and the greatest that the nation could affoord in such publict transactions And it caries some reflection to the government that the Councills exonoratione must be Supported by a Privat Caution Which ware of no use for his Grace Tertio tho the petitioner be suficiently sensible that ther can be no hazard or damnadge in the matter yet all merchants Doe Reckon it a great inconveniencie and burdein upon trade to lye under 4 perpetuall Oblidgments of whatsomever natur, And much more that they should be oblidged to find a Cautioner for a great Soume who can never be Releived, Because ther is no ground for distress, Quarto tho the loadning was Consigned to the petitioner yet many was concerned in it, And it is very hard that the petitioner should be Bound for all for if he should retaine the loadning or any part therof, The other parties concerned would have cause to Complaine and if he should not, It ware much more unreasonable that he with a Cautioner should remaine bound without releiff And seing that a year is now elapsed And that no persone doeth or ever will Compeir to Crave any intrest in that loadning And Therfore Humbly Craveing that the saids Lords would consider the great inconveniencie to trade by exacting such perpetuall obligationes and what the hade practised in other caises And Since that tyme, And according to the same rite of Justice to ordaine the petitioners former bond and Caution to be delivered up to him by the Clerk without exacting any new bond or Caution from his as the said Petition bears Which being read in presence of the saids Lords, They Allowed his Grace the Duke of Hamilton to see and answer the same, Who haveing accordingly taken up the said Petition Returned the same And gave in the answers therto following viz That he oppones the former act of Councill dated the fiftein of December last To Which the said Androw Mortoune his petition doeth relate By which the saids Lords did approve of what the Duke did in the said matter and the orders directed by him to the Dutch Captaine for delivering of the ship and goods to the said Androw Mortoune upon his granting bond with Cautione for secureing and releiveing of the Duke at all hands of any hazard he might sustaine upon the accompt of what he hade done in the said matter In his transaction with the Dutchman of Warr Or Otherwayes, And the saids Lords would be pleased to adhere to the act of Councill Bot if notwithstanding to the forsaid act the saids Lords should think fitt to order the forsaid bond to be given up The Saids Lords would be pleased to lay doune some effectuall way wherby the Duke may be secured against all hazard in that affair The Lords of their Majesties Privy Councill Haveing Considered the petitione given in to them be the above Androw Mortoune with the answers made therto by his Grace the Duke of Hamiltone and former act of Councill In favors of his Grace mentioned in and produced with the saids answers, They heirby Requyre and Command the Clerks of Councill in whose hands the bond mentioned in the said act of Council formerly granted to his grace by the said Androw Mortoune And his Cautioner is presently Lying To deliver up the same to the said Androw Mortoune, And the saids Lords Adheres to their former act in favors of his Grace the Duke of Hamilton except as to the granting of a new bond by the said Androw Mortoune to his grace for his releiff and delivering up the old bond formerly granted by him And Ratifies and approves all his graces preceedings and what was done and acted by him In Relation to the said ship, And Declares thir presents Shall be a suficient exoneration to his grace and a full and ample securitie to him against all Damnage and hazard he may sustaine or Incurr by vertue of any orders granted by him or by what his grace acted or did any other way in relation to the said ship and her Cargo.

1. NRS, PC2/24, 92v-94r.

2. The word ‘the’ scored out here.

3. The word ‘any’ inserted above the line.

4. The word ‘the’ scored out here.

1. NRS, PC2/24, 92v-94r.

2. The word ‘the’ scored out here.

3. The word ‘any’ inserted above the line.

4. The word ‘the’ scored out here.