Act, 8 August 1695, Edinburgh

Warrant, 31 December 1695, Edinburgh

Edinburgh Thursday the 8th August 1695

D1695/8/151

Act

Act Exall and Mann against Mudie and others

Anent the petition given in to the Lords of his Majesties privy Councill be John Exall and William Mann merchants in London and John Vanfferdin merchant in Amsterdam Shewing That wher they being owners of the Ship Called the John and William of Amsterdam as appeared by the bills of sale therwith produced did in August last sett out in a voage from Amsterdam to Dubline in Ireland with a Sweeds pass and under a Dutch Convoy, But haveing one Nathaniall Smith for the petitioners skiper they were by him plainly betrayed, In so far as he haveing fallen off from the said Convoy Contrair to express orders he did fall into the hands of two French privateers was by them seized, and altho he had a Sweeds pass would needs ransom the ship, altho the owners protested against the same, and therafter haveing come into the Road of Kerstoune in Orkney, He did actually and by force seize the said vessell and dissposessed the petitioners who were the true and undoubted ouners therof by turneing a shoar the petitioner said William Mann and the other Sea men without a six pence in their pockets Wherupon they did make application to Collonell Robert Elphingstoune of Lapnes Admirall of that place and haveing Cited the said Nathaniell Smith To Compeir before the admirall Court and haveing adduced witnesses against him for what is above Represented, and for Imbazleing and disposeing of the goods and Cargo of the said ship to the value of four hundred punds Sterling all which being proven against him The said Admirall did most Justly Ordaine the said Mr Smith to be apprehended and put in Sure prison and the petitioner the said Mr Mann (who was the only owner ther upon the place) To be reponed to the possession of the said ship and goods till furder order Conforme to his Decreet therwith produced and for effectuating therof the said Admirall did Cause his oun servants assist in keeping possession to the petitioners of their ship, But whill the said ship was possessed by the said Admiralls Servants James Gordon of Carstoune did under Sillence of Night come With a boat to the said Ship and after haveing beaten the Admiralls Servants did take as many of the goods of the said Ship as the said boat Could hold And Caried the same off, yea and did resett upwards of Six Hundred Sword blades, a part of the Cargo of the said Ship Conform to his recept therwith produced But the said Admirall being apprehensive that ther might be armes aboard the said Ship And being informed that ther was Severall hundreds of Sword Conveyed a Shoar, He did therupon acquaint the saids Lords, and Craved warrand for Searching of the said ship, and Secureing of any of the saids Armes so Conveyed a Shoar if they Could be found And accordingly he haveing obtained a warrand Did Cause Secure the said Ship, And after the said ship was secured, And in possession of the said Admirall One William Mudy of Melsetter Did come aboard with a boat full of armed men, and by violence and force turned out the said Admirall his Servants and tooke possession of the Ship and goods themselves Wherupon the said Admirall Requyred the said William Mudy to deliver up the said ship to him Conform to the Councill warrand who notwithstanding therof refused either to give obedience to ther Lordships Warrand or to the admiralls said Decreet as ane instrument therwith produced would testifie But did Cary off the said ship from the road of Kerstoune to the Issland of Waise wher the said Mudy of Melsetter Still retaines her Contrair to all right And to the great prejudice of the owners. And Seing that the forsaid violence and away takeing of the said Ship and Goods Is a manifast ryot Contrair to Law, and ther Lordships express orders and the petitioners (Who are Strangers in this place) are not only most unjustly wronged and Spoilled but put to great Charges and expences and may be a mean to ruine them, If the saids Lords by their Justice and Speedy and effectuall redress doe not prevent the same, And to evidence to the saids Lords that ther was nothing in the said ship but only Twentie Six Thousand and Seventie pan-Tyles and Seven Hundred Seventie Six Sword blades and other Importable goods to the kingdome of Ireland The petitioners has therwith produced their bills of Loadning and ane declaration under the hands of Two famous merchants in Dubline And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned As the petition bears The Lords of his Majesties privy Councill haveing heard 2 the above3 petition given in to them be John Exall and William Mann merchants in London and John Vanflirden merchant in Amsteredam, With the answers mad ther to for William Mudy of Mellsetter James Gordon of Carston and Captaine Nathaniall Smith being both read and the parties being Called Compeired personally the said John Exall and William Mann And Sir James Stewart his majesties Advocat as advocat for the haill petitioners, And Sicklike Compeired Sir James Ogilvie as Advocat for the saids William Mudy James Gordon and Captain Nathaniall Smiths answerers to the said petition And The saids Lords of privy Councill haveing Considered the said petition and answers and writtes produced therwith and having at length heard the Advocats forsaids Compeiring for both parties They Decerne and Ordaine the said ship Called the John and William of Amsterdam, With the goods and Cargo to be delivered back to the saids John Exall and William Mann, And Ordaines the said Captaine Nathaniall Smith to restore and reenter them to the possession of the said ship goods and Cargo, And ordaines the Admirall and Stewart of Orkney and ther deputs to put them in the peaceable possession therof They allwayes finding Caution to make the same furth comeing to any persone who shall be found to have best right therto And Ordaines the Admirall or Stewart deput of Orkney and Zetland and ther deputs and all other Judges Competent to Seaze upon and Secure the persones of the said William Mudie James Gordon and Captain Nathaniall Smith, And in case they make any opposition to raise the Countrey for that effect, and to Comit them prisoners ay and whill they find suficient Caution to answer to the Lords of privy Councill or other Judges Competent for what shall be Laid to the above4 ther charge in this matter And Ordaines letters of horning on fiftein dayes and others to pass hereon.

Edinburgh Thursday the 8th August 1695

D1695/8/151

Act

Act Exall and Mann against Mudie and others

Anent the petition given in to the Lords of his Majesties privy Councill be John Exall and William Mann merchants in London and John Vanfferdin merchant in Amsterdam Shewing That wher they being owners of the Ship Called the John and William of Amsterdam as appeared by the bills of sale therwith produced did in August last sett out in a voage from Amsterdam to Dubline in Ireland with a Sweeds pass and under a Dutch Convoy, But haveing one Nathaniall Smith for the petitioners skiper they were by him plainly betrayed, In so far as he haveing fallen off from the said Convoy Contrair to express orders he did fall into the hands of two French privateers was by them seized, and altho he had a Sweeds pass would needs ransom the ship, altho the owners protested against the same, and therafter haveing come into the Road of Kerstoune in Orkney, He did actually and by force seize the said vessell and dissposessed the petitioners who were the true and undoubted ouners therof by turneing a shoar the petitioner said William Mann and the other Sea men without a six pence in their pockets Wherupon they did make application to Collonell Robert Elphingstoune of Lapnes Admirall of that place and haveing Cited the said Nathaniell Smith To Compeir before the admirall Court and haveing adduced witnesses against him for what is above Represented, and for Imbazleing and disposeing of the goods and Cargo of the said ship to the value of four hundred punds Sterling all which being proven against him The said Admirall did most Justly Ordaine the said Mr Smith to be apprehended and put in Sure prison and the petitioner the said Mr Mann (who was the only owner ther upon the place) To be reponed to the possession of the said ship and goods till furder order Conforme to his Decreet therwith produced and for effectuating therof the said Admirall did Cause his oun servants assist in keeping possession to the petitioners of their ship, But whill the said ship was possessed by the said Admiralls Servants James Gordon of Carstoune did under Sillence of Night come With a boat to the said Ship and after haveing beaten the Admiralls Servants did take as many of the goods of the said Ship as the said boat Could hold And Caried the same off, yea and did resett upwards of Six Hundred Sword blades, a part of the Cargo of the said Ship Conform to his recept therwith produced But the said Admirall being apprehensive that ther might be armes aboard the said Ship And being informed that ther was Severall hundreds of Sword Conveyed a Shoar, He did therupon acquaint the saids Lords, and Craved warrand for Searching of the said ship, and Secureing of any of the saids Armes so Conveyed a Shoar if they Could be found And accordingly he haveing obtained a warrand Did Cause Secure the said Ship, And after the said ship was secured, And in possession of the said Admirall One William Mudy of Melsetter Did come aboard with a boat full of armed men, and by violence and force turned out the said Admirall his Servants and tooke possession of the Ship and goods themselves Wherupon the said Admirall Requyred the said William Mudy to deliver up the said ship to him Conform to the Councill warrand who notwithstanding therof refused either to give obedience to ther Lordships Warrand or to the admiralls said Decreet as ane instrument therwith produced would testifie But did Cary off the said ship from the road of Kerstoune to the Issland of Waise wher the said Mudy of Melsetter Still retaines her Contrair to all right And to the great prejudice of the owners. And Seing that the forsaid violence and away takeing of the said Ship and Goods Is a manifast ryot Contrair to Law, and ther Lordships express orders and the petitioners (Who are Strangers in this place) are not only most unjustly wronged and Spoilled but put to great Charges and expences and may be a mean to ruine them, If the saids Lords by their Justice and Speedy and effectuall redress doe not prevent the same, And to evidence to the saids Lords that ther was nothing in the said ship but only Twentie Six Thousand and Seventie pan-Tyles and Seven Hundred Seventie Six Sword blades and other Importable goods to the kingdome of Ireland The petitioners has therwith produced their bills of Loadning and ane declaration under the hands of Two famous merchants in Dubline And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned As the petition bears The Lords of his Majesties privy Councill haveing heard 2 the above3 petition given in to them be John Exall and William Mann merchants in London and John Vanflirden merchant in Amsteredam, With the answers mad ther to for William Mudy of Mellsetter James Gordon of Carston and Captaine Nathaniall Smith being both read and the parties being Called Compeired personally the said John Exall and William Mann And Sir James Stewart his majesties Advocat as advocat for the haill petitioners, And Sicklike Compeired Sir James Ogilvie as Advocat for the saids William Mudy James Gordon and Captain Nathaniall Smiths answerers to the said petition And The saids Lords of privy Councill haveing Considered the said petition and answers and writtes produced therwith and having at length heard the Advocats forsaids Compeiring for both parties They Decerne and Ordaine the said ship Called the John and William of Amsterdam, With the goods and Cargo to be delivered back to the saids John Exall and William Mann, And Ordaines the said Captaine Nathaniall Smith to restore and reenter them to the possession of the said ship goods and Cargo, And ordaines the Admirall and Stewart of Orkney and ther deputs to put them in the peaceable possession therof They allwayes finding Caution to make the same furth comeing to any persone who shall be found to have best right therto And Ordaines the Admirall or Stewart deput of Orkney and Zetland and ther deputs and all other Judges Competent to Seaze upon and Secure the persones of the said William Mudie James Gordon and Captain Nathaniall Smith, And in case they make any opposition to raise the Countrey for that effect, and to Comit them prisoners ay and whill they find suficient Caution to answer to the Lords of privy Councill or other Judges Competent for what shall be Laid to the above4 ther charge in this matter And Ordaines letters of horning on fiftein dayes and others to pass hereon.

1. NRS, PC2/26, 10r-12r.

2. The word ‘a’ scored out here.

3. The words ‘the above’ are an insertion.

4. The words ‘the above’ are an insertion.

1. NRS, PC2/26, 10r-12r.

2. The word ‘a’ scored out here.

3. The words ‘the above’ are an insertion.

4. The words ‘the above’ are an insertion.