Act, 27 December 1694, Edinburgh

Att Edinburgh the Tuenty day of Apryle J^aj vi^c nyntie four years

A1694/4/50

A1694/4/50¹

Order

Anent the Bass for the surrendering therof

A letter from Major Reid to Sir Thomas Livingstoun anent what had past betuixt him and Michaell Midletoune governour of the Bass and the rebells therin In treating the surrender of the place uith the articles Inclosed in the said Letter read And the Articles being amended uere transcribed and signed by a quorum of Councell And a List of persons Imprisoned or under bale upon account of the Bass being also wryten was signed by the Lord Chancelor and both ordered to be Given to Sir Thomas Livingstoun By him to be sent foruard to Major Reid Folloues the tenor of the Articles signed by a quorum of privie Councell
Articles of Aggreement for delyvering the Bass
primo That ther be ane Indemnity to Michaell Midletoune Governour of the Bass And to all other persons under his Command therin or who have been of the said garrisone and have Left it since January J^aj vi^c nyntie three For their Lifes Liberties and fortunes For all what is past and done against this present government or whatsoever prejudice is or hes been done to any other particular persons aither heir In this place or any other place by sea or Land And that none heirafter shall Call them to accompt or have Libertie to questione them or any of them for what they have Done hitherto or any account whatsoever Secundo That all the persons contained in the List heiruith sent Imprisoned upon account of the Bass whither sentenced to death or not shall be Indemnified freed and sett at Libertie upon delyverie of the said Bass and no persone whatsoever shall for heirafter be questioned or molested for having Correspondence uith supplied or assisted the said garrisone In any tyme past Tertio that the forsaid garrisone shall Have Liberty to march outuith their suords and their baggage in their oune boat to Land at any place wher they please as Conveniency may serve and dispose of the said boat at their pleasure afteruard Quarto that every person in the Bass shall have Libertie to goe for France Togither uith such of them as are in prisone or out of prisone belonging to the Bass And that they shall depart betuixt and the fifteenth day of May nixt and a sufficient ship uith provisions shall be ordered betuixt and the day forsaid To Transport them to Dunkirk or Haverdegrass And that these who are not uilling to goe for France may have protections to stay in these kingdoms Quinto that boats shall be sent before surrender for transporting the netts masts Cables and all other goods belonging to the said garrisone themselves and not belonging to the Bass formerly And that they shall not be stopped in selling and disposing the saids goods to their oune advantage Sexto The aliment granted by the Government to Michaell Midletoune Dumbar Halyburtone and Roy at their Imprisonment in the Bass and unpayed when the Bass was surprised Is already ordered by the Councell to be payed to their Countrey Creditor and shall be performed Septimo Ther shall be ane aliment alloued to […] Captain Ferdinando’s seamen not exceeding ten untill the shipps be ready for transporting them for France betuixt and the day forsaid And that thir articles signed and subscribed by the Lord High Chancelor and other Lords of Counsell and Sir Thomas Livingstoune Commander in cheiff etc at Edinburgh the tuenty day of Apryle J^aj vi^c nyntie four years shall be delyvered to the said Michaell Midletoune for his and the other persons Comprehended therin their security Octavo That the said Michaell Midletoune and haill other persons uithin the said Island are uithin tuelve hours after their signing thir articles of Capitulatione to delyver up to your possessione the said Island of the Bass uith the Cannon haill armes and amunitione and others belonging to the said Island or within the same except the suords worne by the saids persons themselves when they come out And the goods before mentioned belonging propperly to themselves sic subscribitur Tueeddale cancel: Southerland Linlithgow Annandale Forfar Tarbat Ross Beilhaven Carmichaell Poluarth James Steuart Adam Cockburn W Anstruther