Procedure, 12 March 1705, Edinburgh

Act, 12 March 1705, Edinburgh

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

A1705/3/111

Procedure

Declarations of Skippers etc

Follows the declarations of Skippers and others taken conserning the forsaid abuse.
At Leith the tent day of March Jaj vijc and fyve years, James Jervie Skipper of the Agnes of Alloa, Declairs that wpon the fyfth instant, he came to the road of Leith Loaden with bear from Orkney, And about Six acloak in the morning, The pinnis of the English man of warr called the Winchester, Came closs aboard his bark, and fyred three Sharp Shott, One of which went throwgh his main Saill, And the Pinnis crew consisting of about ellevine men, haveing come aboard, Caused break up the three hatches, and Stobbed his forsaid Loadning of bear, And that he haveing asked them the reason of their rumadgeing and Stobbing his Shipe, They told him they had orders to Search all Ships comeing into this firth, after which they went aboard of Alexander Nawghtie Shipe also from Orkney, and this he offerrs to depone wpon if requyred, Sic Subscribitur James Servie, The Said day Alexander Nawghtie Master of the Christine of Leith declaires that about Sevine acloak in the morning the forsaid fyfth day of March instant the above Pinnis Come closs aboard of his barque, near the Beacon, and fyred fyve Sharp Shott at his barque, two wherof went through his tope Saill and another came very near the man at the helme, wherwpon he asked him what was the matter, To which one of the Pinnis crew answered when he came aboard, Yow Scots Son of a whore why did yow not Stryke, and wpon this he took him by the throat, the Skipper haveing told him that he came from Orkney, and that he was loaden with butter, beeff, oyll, and feathers etc the Same man answered that he would believe non of our Countrey, And that wee had Sold our King for a groat, and wer arrant knaves and villains, after which he and the rest of the Pinnis Crew, broak open the hatches, rumadged the howll, and turned up a great pairt of the feathers and Light goods on the deck, and told he had a Commission for what he did, from his Captain, And this he offerrs to depone if requyred Sic Subscribitur A.N: Alexander Naughtie his mark, The Said day James Steivine Master of the Freindshipe of Alloa, declairs that haveing come to the road of Leith from Peterhead Loaden with bear, The Pinis of the above man of warr came aboard his said Shipe about two acloak in the afternoon on Sunday Last being the fourth instant when he was near Inch-Keith att Anchor, and haveing opened the hatches, and Seen his loadning, went after to the Cabine, And went again aboard ther Pinnis crying to the Commanding officer that the Barque was loaden with barley Sic Subscribitur James Stein The said day James Ogilvie Master of the Hope of Montrose declairs that haveing come from Frasersburgh loaden with bear and meall, The Pinnis crew of the above man of warr Came aboard of his Barque, opened two of his hatches and Stobbed his loadning about two of the cloak in the afternoon the forsaid fourth instant, and requyred a Sight of his bill of loadning which he produced Sic Subscribitur James Ogilvie. The Said Tenth day of March Jaj vijc and fyve John Kenine Master of the John of Aberbrothock loaden with meall and bear from said place, Declairs that about Six acloak in the morning the said fyfth of March instant, when they wer Stiring to the harbour of Leith, The above Pinnis Crew came closs aboard his barque near the Beacon; fyred fyve or Six Sharpe Shott at them, Came aboard, opened the hatches and Stobbed his loadning with a Spitt they brought along with them, and that he Saw another Spitt in ther Pinnis Sic Subscribitur John Kennie. The Said day Tias Poshie Master of the young Tobias of Strathvanger, loaden with daills and trees from thence, Declairs that haveing come to the road of Leith about three of the cloak in the afternoon the forsaid fourth day of March instant, The above Pinnis crew Came aboard his Shipe, and asked him with what he was loaden, and from whence, and being ansuwered that ther loadning was trees and daills, and that they wer come from Strathvanger, The Pinnis Crew imediatly opened the hatches, took up Some of the daills to the deck to inspect the loadning, and tasked ther bear casks Sic Subscribitur Tias Cashir. The Said day Hegellen Weilsone Master of the Mary of Mondalie, and George Mitchellsone Master of the Anna Katharine of Mondall Loaden with daills and trees from that place, declairs that haveing come to the road of Leith on twesdays morning the Sixth instant, The Crew of the above Pinnis came aboard the Severall Ships, asked ther loadnings, and whence they came And then went aboard the Pinnis, Sic Subscribitur Hegellen Neilson, Georgen Mitchelsone.

At Edinburgh 12 March 1705

A1705/3/111

Procedure

Declarations of skippers etc

Follows the declarations of skippers and others taken concerning the foresaid abuse.
At Leith 10 March 1705, James Jervie, skipper of the Agnes of Alloa, declares that upon 5 instant, he came to the road of Leith laden with bere from Orkney, and about 6 o’clock in the morning, the pinnace of the English man of war, called the Winchester, came close aboard his barque, and fired three sharp shots, one of which went through his main sail, and the pinnace crew, consisting of about eleven men, having come aboard, caused break up the three hatches, and stabbed his foresaid cargo of bere, and that he having asked them the reason of their rummaging and stabbing his ship, they told him they had orders to search all ships coming into this firth, after which they went aboard of Alexander Naughtie’s ship, also from Orkney, and this he offers to depose upon if required, Sic Subscribitur James Servie. The said day Alexander Naughtie, master of the Christine of Leith, declares that about 7 o’clock in the morning the foresaid 5 March instant, the above pinnace came close aboard of his barque, near the Beacon, and fired five sharp shots at his barque, two whereof went through his top sail and another came very near the man at the helm, whereupon he asked him what was the matter, to which one of the pinnace crew answered when he came aboard, ‘you Scots son of a whore why did yow not strike’, and upon this he took him by the throat, the skipper having told him that he came from Orkney, and that he was laden with butter, beef, oil, and feathers etc, the same man answered that he would believe none of our country, and that we had sold our king for a groat, and were arrant knaves and villains, after which he and the rest of the pinnace crew broke open the hatches, rummaged the hold, and turned up a great part of the feathers and light goods on the deck, and told he had a commission for what he did from his captain, and this he offers to depose if required Sic Subscribitur A.N: Alexander Naughtie his mark. The said day James Steven, master of the Freindship of Alloa, declares that having come to the road of Leith from Peterhead laden with bere, the pinnace of the above man of war came aboard his said ship about 2 o’clock in the afternoon on Sunday last, being 4 instant, when he was near Inchkeith at anchor, and having opened the hatches, and seen his cargo, went after to the cabin, and went again aboard their pinnace crying to the commanding officer that the barque was laden with barley Sic Subscribitur James Stein. The said day James Ogilvie, master of the Hope of Montrose, declares that having come from Fraserburgh laden with bere and meal, the pinnace crew of the above man of war came aboard of his barque, opened two of his hatches and stabbed his cargo about 2 o’clock in the afternoon the foresaid 4 instant, and required a sight of his bill of loading, which he produced Sic Subscribitur James Ogilvie. The said 10 March 1705 John Kenine, master of the John of Arbroath, laden with meal and bere from said place, declares that about 6 o’clock in the morning the said 5 March instant, when they were stirring to the harbour of Leith, the above pinnace crew came close aboard his barque near the Beacon, fired five or six sharp shot at them, came aboard, opened the hatches, and stabbed his cargo with a spit they brought along with them, and that he saw another spit in their pinnace Sic Subscribitur John Kennie. The Said day Tias Poshie, master of the Young Tobias of Stravanger, laden with deals and trees from thence, declares that having come to the road of Leith about 3 o’clock in the afternoon the foresaid 4 March instant, the above pinnace crew came aboard his ship, and asked him with what he was laden, and from whence, and being answered that their cargo was trees and deals, and that they were come from Stravanger, the pinnace crew immediately opened the hatches, took up some of the deals to the deck to inspect the cargo, and tasked their bere casks Sic Subscribitur Tias Cashir. The said day Hegellen Weilsone, master of the Mary of Mondalie [Mandal?], and George Mitchellson, master of the Anna Katharine of Mondall [Mandal?], laden with deals and trees from that place, declares that having come to the road of Leith on Tuesday morning 6 instant, the crew of the above pinnace came aboard the several ships, asked their cargo, and whence they came, and then went aboard the pinnace, Sic Subscribitur Hegellen Neilson, Georgen Mitchelsone.

1. NRS, PC1/53, 370-71.

1. NRS, PC1/53, 370-71.