Letter: from the council, 12 March 1705, Edinburgh

Act, 12 March 1705, Edinburgh

Att Edinburgh the twelfth day of March Jaj vijc and fyve years

A1705/3/101

Letter: from the council

Letter from the Councill To the Secretary of State

Ther being a Letter prepared from the Councill to the Secretary in waiting to be Laid befor her Majestie Giving account of the Insolence Committed by Captain Hows Commander of the English man of warr the Winchester In Searching our Ships and Barks that pass the firth, and the Samen being read in ther presence after amendments made theron It was voted and approven, and ordained to be transcrybed in Mundo, And Signed by the Lord Chancellor, And the Samen with the principall declarations emitted by Some Merchants and Shipps, Recommended to the Lord Chancellor to transmitt to Court by a flying packet off the which Letter the tenor follows.
My Lord
When her Majesties Shipe the Winchester, Commanded by Captain Hews came lately to the road of Leith to receive and convoy recruits for Holland, The Counsell gave the orders necessary for furthering the Saids recruits, But in the mean tyme the Captain forgetting himselfe And not considering that within one Scots Seas and harbours, he neither had nor could have any authority to Stopp and Search our vessells and Ships without allowance of the Government; He hath committed severall gross abuses In Stoping our Ships, vessells and boats, while he lay at anchor in the road of Leith, and Searching both them and Strangers by rumaging all their Loadning, and even to the Stacking wp of casks and barrells, and boreing the Same as he and his men thought fitt, And if any vessell refused to come wnder his bow, he forced them therto by Shooting Sharpe, all which hath been complained wpon and instructed to ws by Merchants, Seamen and others concerned, And when on this account wee thought fitt to Call him, he refused to come, But Sent his Livetennant with his excuse, And when wee Stopt his Livetennant wntill he Should again acquaint the Captain, The Captain returned him answer in wryting which was produced to ws, that he thought he had been in his duty, But would forbear untill he had further orders from England, but withall declyned in the mean tyme to appear befor or answer to the Counsell, wherwpon it was thought fitt to committ the Livetennant, and as many of the Ships crew as could be found, to custody for the said contempt; And yet after that the Captain had wryt another Letter to my Lord Chancellor persisting in his obstinacie, and declairing he would Saill this afternoon, to the end wee might gaine the man to some better sense, his purser was allowed to goe aboard to tell him that if he would obey the Counsells Call and acknowledge his fault, the matter might be past, and that the recruits wer ready to be putt aboard, But all the returne given was that he would not come ashoar, but would be gone without waiting any Longer for the recruits, wherupon wee thought fitt to returne to him his Livetennant, and purser and all his men, and let him be goeing, as not worthie to be trusted with the recruits, But withall wee expect that this wholl matter will be laid befor her Majestie, and that her authority in this kingdome Should be fully vindicat against this contemptuous insolencie, And with all that her Majestie may be pleased to order some other of her Ships to carry over the recruits, Which we ready for his complement to be delyvered to him, but by his default are postpouned; There is heirwith Lykewayes Sent the principall examination that was taken of Some of Captain Hews abuses which will fully Satisfie as to the Justice of the Complaint made against him, This by warrand and in presence of the Lords of her Majesties Privie Counsell, Is Signified to yow by My Lord Yor Lordships most humble Servant Sic Subscribitur Tweeddale Cancellr I.p.d.

Att Edinburgh the twelfth day of March Jaj vijc and fyve years

A1705/3/101

Letter: from the council

Letter from the Councill To the Secretary of State

Ther being a Letter prepared from the Councill to the Secretary in waiting to be Laid befor her Majestie Giving account of the Insolence Committed by Captain Hows Commander of the English man of warr the Winchester In Searching our Ships and Barks that pass the firth, and the Samen being read in ther presence after amendments made theron It was voted and approven, and ordained to be transcrybed in Mundo, And Signed by the Lord Chancellor, And the Samen with the principall declarations emitted by Some Merchants and Shipps, Recommended to the Lord Chancellor to transmitt to Court by a flying packet off the which Letter the tenor follows.
My Lord
When her Majesties Shipe the Winchester, Commanded by Captain Hews came lately to the road of Leith to receive and convoy recruits for Holland, The Counsell gave the orders necessary for furthering the Saids recruits, But in the mean tyme the Captain forgetting himselfe And not considering that within one Scots Seas and harbours, he neither had nor could have any authority to Stopp and Search our vessells and Ships without allowance of the Government; He hath committed severall gross abuses In Stoping our Ships, vessells and boats, while he lay at anchor in the road of Leith, and Searching both them and Strangers by rumaging all their Loadning, and even to the Stacking wp of casks and barrells, and boreing the Same as he and his men thought fitt, And if any vessell refused to come wnder his bow, he forced them therto by Shooting Sharpe, all which hath been complained wpon and instructed to ws by Merchants, Seamen and others concerned, And when on this account wee thought fitt to Call him, he refused to come, But Sent his Livetennant with his excuse, And when wee Stopt his Livetennant wntill he Should again acquaint the Captain, The Captain returned him answer in wryting which was produced to ws, that he thought he had been in his duty, But would forbear untill he had further orders from England, but withall declyned in the mean tyme to appear befor or answer to the Counsell, wherwpon it was thought fitt to committ the Livetennant, and as many of the Ships crew as could be found, to custody for the said contempt; And yet after that the Captain had wryt another Letter to my Lord Chancellor persisting in his obstinacie, and declairing he would Saill this afternoon, to the end wee might gaine the man to some better sense, his purser was allowed to goe aboard to tell him that if he would obey the Counsells Call and acknowledge his fault, the matter might be past, and that the recruits wer ready to be putt aboard, But all the returne given was that he would not come ashoar, but would be gone without waiting any Longer for the recruits, wherupon wee thought fitt to returne to him his Livetennant, and purser and all his men, and let him be goeing, as not worthie to be trusted with the recruits, But withall wee expect that this wholl matter will be laid befor her Majestie, and that her authority in this kingdome Should be fully vindicat against this contemptuous insolencie, And with all that her Majestie may be pleased to order some other of her Ships to carry over the recruits, Which we ready for his complement to be delyvered to him, but by his default are postpouned; There is heirwith Lykewayes Sent the principall examination that was taken of Some of Captain Hews abuses which will fully Satisfie as to the Justice of the Complaint made against him, This by warrand and in presence of the Lords of her Majesties Privie Counsell, Is Signified to yow by My Lord Yor Lordships most humble Servant Sic Subscribitur Tweeddale Cancellr I.p.d.

1. NRS, PC1/53, 370.

1. NRS, PC1/53, 370.