Act, 27 December 1694, Edinburgh

Att Edinburgh The Eight day of March J^aj vi^c nyntie Four years

A1694/3/11

A1694/3/11¹

Act

Act Wedderburn of Blackness

Anent the petitione given in to the Lords of their Majesties privy Councill Be John Wedderburn of Blackness Clark to the Bills Sheuing That Alexander Wedderburn skipper in Dundie being by the saids Lords their sentence dated the tuenty sixth day of May J^aj vi^c nyntie one fyned and amerciat by their Lordships In the soume of fiftie pounds sterling For Having Robert Dumbar aboard of his shipp in the road of Leith when his ship uas ready to have sailed for Holland and ordained to be Committed to prisone and to Ly and remains ther ay and while the said fyne uas aither payed or security granted therfore to be payed when requyred The petitioner for preventing his being Imprisoned Did give his oune bond as Cautioner for the said fyne upon the considerationes follouing viz primo That albeit their Lordships proclamatione Discharging all skippers to receave any passengers aboard uithout a pass from one of their oune number which uas both Just and necessar for the security of the government at that tyme yet the petitioner uas alwayes confident that when any persone had escaped in his deuty In exact obedience to that proclamation And should therafter by his subsequent behaviour testifie his submission to and respect to the government The saids Lords would never failzie simpliciter to pardone the punishment of his former escapes Secundo The petitioner had be fore that tyme receaved full assurance from his deceast brother of his submission to and peacable deportment to their Majesties and the present government and accordingly (excepting the forsaid fault for which he uas amerciat) His deportment and behaviour was suitable to his previous promises and Ingadgements to the petitioner Tertio his vessell Being Loaded and ready to set saile If he had then been Committed to and detained in prisone upon the forsaid sentence His ouners and fraughters damnadge and prejudice had been so great and considerable (and for all which he uould have been in Law Lyable to them) That therby he had not only been rendered Incapable to follow his Imployment for the future But he and his poor numerous family reduced to misirie wheras if it had pleased god to spare him some few years He might have been capable to have payed the forsaid fyne himself In caise their Lordships had not found his deportment worthie of a discharge therof wheras now shortly after Imposing of the said fyne the petitioners deceast brother for whom he uas Cautioner uith his ship and haill stock uere Lost and foundered at sea Leaving his poor wyfe and children noe Imaginable means for Livelyhood and subsistance And seing the petitioners said deceast brother did only fall in the forsaid transgression by a mistake In apprehending that their Lordships Act appointing the said Robert Dumbar to procure the Libertie of Androw Hamilton prisoner in France had been equivalent to a pass from one of their Lordships number And that his deportment therafter uas uithout the Least Imaginable offence to the government And as he uas Infortunat in his decease so his poor relict and children had before this tyme been utterly starved In caise they had not been releived and supplyed by the petitioners kyndness and charity and uould be yet starved if he showld withdraw the same from them And seing the petitioners respect and affection to their Majesties and the established government Is nottour and unquestionable And that he did only Ingadge for his brothers fyne upon the Grounds and Considerationes aboverepresented And It is Impossible he Can ever have releiff of ane farthing therof And that his brothers relict and Children have been still since his decease and as yet are Lying as a burthen upon the petitioner As also since ther uas no designs in him against the Government so ther uas none in the Event The said Robert Dumbar having been detained therafter a Long tyme in prisone and then putt to Libertie And therfore Humbly Craving to the effect underwryten as the said petitione Bears The Saids Lords of their Majesties privy Councill Having Considered the above petitione They heirby Give ordor and uarrand to the Clarks of privie Councill To Give up and delyver to the petitioner the bond Granted be Alexander Wedderburn skipper as principall and the petitioner as Cautioner for Fiftie pounds Sterline payable to the General Receaver of the Croune rents as the above fyne dated the tuenty sixth day of May J^aj vi^c and nyntie one And discharges all executione or dilligence which hes folloued upon the said bond