Act, 28 December 1703, Edinburgh

Att Edinburgh the Thrid day of July One Thousand Seven hundred and thrie years Called Extraordinary

A1703/7/6

A1703/7/6¹

Act

Act Declareing some Seamen to belong to Captain Gordon

Anent the petition given in to Her Majesties high Commissioner and the Lords of her Majesties privy Councill By James Frogg Merchant in Edinburgh for himself and in name and behalf of his partiners Shewing That the petitioner and his partners haveing bought from George Robertson of Newbigging Stewart depute of Orkney one thousand bolls of bear Orkney Measure out of her Majesties rents of these Isslands which the petitioner and his partners were oblidged to receive their and fraught shipps upon their oun Charges for that effect which Shipps were fraught in due time as appeared by the Chartor parties betwixt the petitioners and John Spence Skipper in Leith and John Bosswell Skipper in Bruntisland But the skippers haveing faillied to sail in the termes of the said Chartors the petitioner did for his oun and partiners Security requyre them to sail under forme of instrument and protested that they might be Lyable for damnadges Sustained and to be sustained by the petitioner and partiners throw their not performing, The said John Spence made Answer and reprotested that he could not be Lyable for damnadges In respect he was ready and willing to performe and hade in order therto provided a sufficient able and skill full Crew of mariners for accomplishing his said voyadge But that Captain Gordon Commander of one of her Majesties Shipps had ingadged and put aboard that wholl crew and that he was authorized therin by the saids Lords after Complaint made by the said John Spence which he Humbly conceived was sufficient to Liberat him from the said Chartor partie and haill obligationes incumbent on him therby especially Considered the great penurie of Seamen, So that it was Imposible for him to engadge another crew to accomplish that voyage And Seing the petitioner and his partners hade sustained ane Irrepairable Loss by that delay both by Loss of marcats and hazard that the victuall Lyes in and risk they run throw the Backwardnes of the Season and the falling of pryces throw the prospect of the ensueing harvest And that the takeing and detaineing the said Crew did necessarly ingadge the petitioners and the saids skippers in ane unavodable contest which must necessarly terminat in one if not the ruin of both parties besides that which will arise betwixt the said George Robertson and the petitioners unless the saids Lords interposed their authority and either allow the said George Robertsone to give up and retire the Contracts betwixt them and Sell the said victuall at the now ordinary and current rates or ordaine the said Shipps Crew to be delyvered back to the said John Spence that the Voyadge might yet be accomplished for recovering the said victuall and to prorogate the time for payment of the pryce therof for such a Considerable time as the saids Lords should in Justice think fitt and to allow the petitioner and partners deduction and retention in their oun hands of as much of the pryce as the petitioners should clearly instruct they hade Sustained by demnifieing the victuall falling and Loss of marcats And Therfore Humbly Craveing the saids Lords would take the premisses to their Serious Consideration and therupon either allow the said George Robertson to give up the Contract Liberat the petitioner, and partners and sell the victuall as said is; or otherwayes appoint the said Crew to be presently resolved, prorogate the terme of payment and allow them damnadges in the termes abovementioned that the ruin of the petitioner, partners and Skippers might be prevented Considering that they are willing to performe to each other if not Impeded by that which was not knowen nor could be fore seen by them as the petition bears. His Grace Her Majesties high Commissioner and the Lords of her Majesties privy Councill Haveing Considered the above petition given in to them by James Frogg merchant in Edinburgh for himself and in name and behalf of his partners The Samen being Read in their presence His Grace and the saids Lords Doe hereby Find that the Seamen mentioned in the above petition have Voluntarly ingadged with Captain Gordon Commander of one of her Majesties Shipps; And Therfore his Grace and the saids Lords doe hereby Declair the said Seamen to belong to the said Captain and that they ought to serve her Majestie under him in the foresaid shipps.