Act, 12 March 1705, Edinburgh

Att Edinburgh the Sixteinth day of January J^aj vij^c and fyve years

A1705/1/11

A1705/1/11¹

Procedure: committee report

Report of the Committie of ther haveing caused Liber the Worchester

The Lords of her Majesties privie Counsell haveing upon the Second day of January instant Nominated and Appoynted the Marques of Lothian, The Earles of Ballcarras, Forfar, Ruglen and Hopetoun, or any three of them as a Quorum, To be a Committie to See and cause to be unloaden what of the Cargo aboard the East India Shipe the Worchester, Captain Thomas Green Commander, Is not allready Libered at the Sight of a former Committee appoynted theranent by act and order of Counsell dated the twentie first day of december Last, and for that effect to goe aboard the said shipe the Worchester for present Lying in the harbour of Bruntisland, and ther cause open the hatches of the said Shipe, and Search and examine the wholl Remaining Loading and Cargo aboard her, and all wrytts and other documents whatsomever that Shall be found aboard the said Shipe, and for the better effectuating therof, To make open chists, Cabinets, Screwtors, and other Lockfast Loomes whatsomever, and if need beis to make use of her Majesties keyes for that end, and what of the said Cargo they shall cause unload as said is, To cause transport secure and Lay up the Samen in the Warehouse belonging to the Affrican Companie at Leith, wher the rest of the Cargo is laid up by order of the former Committie, And to Call for magistrats, Masters of Ships, and Seamen, with porters and other persons and servants necessary for the more orderly and Speedy dispatch of the premisses, and appoynted these presents to be Intimat to the said Captain Thomas Green, or Peter Stewart Merchant his Factor, that they may send such persons one or more as they shall think fitt to attend the said Committie, and soe that ther be no Imbazlement by Servants or others who Shall be imployed in opening up or unloading² the remaining Cargo, and transporting the same to the Warehouse at Leith, with power also to the said Committie or ther said Quorum to call for ane sufficient pairtie of Souldiers duly Comanded for Secureing the Safe transporting of the said remaining Cargo from aboard the said shipe, and prevent the imbazleing therof, As also the saids Lords Appoynted Intimation therof to be made to the directors of the Affrican Companie that they may send such persons as they think fitt to be present for ther Interest at the execution of the premisses Sic Subscribitur Tweddale Cancellar Annandale p. Rothes p.s. Craufurd, Marr, Loudoun, Forfar, Dunmore, Roseberrie, George Baillie, James Stewart, F Montgomrie Therafter upon the eight day of Januarie instant the Lords of her Majesties privie Counsell did therby notwithstanding of the Quorum abovewrytten, Appoynt and Impower any of the Committie who are or may be in Bruntisland furthwith to proeced to the unloading and Searching of the above Shipe in the termes of the warrand abovementioned Sic Subscribitur Tweddale Cancellar Annandale P. Craufurd. Levine, Ballhaven, James Steuart, George Baillie, William Ensteruther, Fra Montgomrie, John Home; In obedience to which appoyntment the said Committie haveing mett they proceeded in the matter above remitted to them as in the report of the said Committie duly Subscrybed Lying in the Clerks of Councell ther hands at length is contained, And of which report the tenor follows, Att Bruntisland the Eight day of January J^aj vij^c and fyve years, Committie Earles of Ballcarras and Forfar, The Committie appoynted to Search and unload the Shipe Called the Worchester, Appoynts boats to be ready at the Saids of the Said Shipe to morrow by fyve in the morning, and declairs they will then proceed to open the sealls and unload, And ordains Baillie Andersone of Bruntisland, and those for the Affrican Company And these concerned for Captain Green, and the Cargo then to attend; And Ordains Roderick Mckenzie to have hands ready for unloading And then Adjurned ther meeting till to morrow morning at fyve acloak aboard the Worchester. Aboard the Worchester the nynth day of January. The said day the above Committie haveing made a List of all persons aboard the said Shipe to the effect (if necessary) their oaths might be taken about any Imbazlement dureing the tyme of unloading, and searching the Worchester, and the Comands of the said Committie being obeyed by the foirnamed persons respective the saids Lords did proceed therafter to the search, And befor opening of the locks and sealls of the doors and hatches etc of the said shipe, Appoynted the said Roderick Mckenzie and James Fairholme for the Affrican Companie, and Patrick Stewart Merchant who appeared for Captain Gree his owners and Crew, And the said Baillie Andersone in Bruntisland to view and examine the sealls formerly putt on by them, which being done, the sealls of the after hatches and maine hatches wer found wholl and intyre, being Sealled by all ther sealls, And as to the Sealls of the Lozaretta being sealled with the sealls of the said Roderick Mckenzie, and Patrick Steuart, Mr Steuart protested, and took instruments in the hands upon the Lazaretta wer brock, and not intire, and therfor protested for all coast, Skaith and damnage, To which the Said Roderick Mckenzie ansuered that wpon examination Skipper Hodge and the other Saillers aboard declaired that one of the said Patrick Steuarts Sealls wes brock, and the other rufled, by heaving in the Small bower Cable, That the key of the said Lazaretta is Still Sealled up with a bundle of other keyes in Skipper Hodges possession, And that the said Peter Steuart was alewayes quarrelled by the said Roderick Mckenzie for putting on too Litle wax upon his Seall by the Scarcitie wherof they wer tuo obnoxious to breaking, as had happened³ frequently befor to the said Patrick Steuart his own view But that the Sealls putt on by Mr Mckenzie wer Still intire, being better waxed, and that upon opening the Lazaretta it will evidently appear that the chalking of the underhatches are yet intire and untouched by which no prejudice could have ensued, or any access to the Ships hold, That the said Roderick Mckenzie had not been aboard either by himselfe, or his Seall Since the said Peter Steuart was with him, and the Sealls putt on, So that no prejudice could ensue, Since the Companies Sealls putt on by him, wer all Still inture, And therwpon took instruments in the said Clerks hands, Therafter att opening the Lazaretta Roderick Mckenzie protested that it appeared plain by the hatches from the Lazaretta to the hold, that the said hatches had not been opened, the Same being fixt and pitched, so that no prejudice could insue that way, And as to the entrie to the Lazaretta from the deck, the Same was fixed and bolted with iron in presence of the Last Committie, And the said Peter Steuart himselfe, and remains so when it was now opened, so that no persone could have access to the said Lazaretta neither could any be tempted to break it open, being full of emptie casks, and other rubbish, as appeared⁴ by the former Committie, And therupon took instruments in the hands of the said Clerk; To Which Peter Steuart opponed his former Instruments After which the saids Lords caused make open the Sealls in order to Search and unload And the Sealls being opened, and hands, and other things necessary being all ready, according to the appoyntment of the said Committie, The number and quantities of goods afterspecified wer unloaded from the Worchester, And putt on board the Flisk Thomas Wallace Master Viz Two hundreth piece of Long reid wood, Two hundred pieces of Small wood, Twentie two bundles of beans, Called Jambiers, with other fourteen Smaller bundles of beans lykewayes Jambies, Twentie fyve balls of Goods from number four hundreth and fourtein to number four hundreth and thirtie eight inclusive, Eightie nyne new bags full of damnified goods, Four Jarrs, Therafter by order of the said Committie the said Sir Robert Forbes wrott to Baillie James Nairne of Leith to See the forsaids goods libered from aboard the said Flisk, conforme to the forsaid Inventar Compared and found exact with the Inventars of the said Roderick Mckenzie and Peter Steuart, And appoynted the said Baillie Nairne to lay wp and Secure the saids goods in the Warehouses wher the rest of the goods of the Worchester are lodged in the terms and conforme to the orders formerly Sent him by the Said Committie; The hatches of the Worchester being again Sealled and the hatches lykwayes of the Said Flisk by the said Patrick Steuart and Roderick Mckenzie ther Sealls, The Lords of the Committie adjurned ther meeting till to morrow morning aboard the Worchester, Aboard the Worchester the Tenth of January J^aj vij^c and fyve years, The Said day the Sealls of the hatches of the said Shipe being viewed and examined, wer found wholl and inture And therafter wer made open, And the Lords of the Committie caused unload the goods afterspecified and putt them aboard Thomas Babers bark viz Eighty new baggs full of damnified pepper, Two Casks of Mangoes marked four hundreth and threttie nyne and four hundreth and fourtie, Sixtie four measurs of dry pepper, Sevintie eight measurs of damnified pepper, one chist number four hundreth and fourtie one, one bale number four hundreth and fourtie two, ane malted box four hundred and fourtie three, fyve Jarrs of Mangoes, Sevine bundles of beans out of the Gun-roume four bundles of beans Called Jambies out of the hold, The saids goods being unloaded the hatches of the Worchester wer again Sealled with the Sealls of the said Patrick Steuart and Roderick Mckenzie, as wer the hatches of the said barque Locked and Sealled till to morrow, Adjurned their meeting till to morrow morning; Aboard the Worchester the ellevinth day of January J^aj vij^c and fyve The Lords of the Committie haveing mett, and the sealls and locks⁵ of the Said Ship and barque being again viewed and visited they wer found wholl and inture, And therafter wer made open, And the goods afterspecified wer unloaded for fraughting of the said Barque Called the Margaret of Leith, the said Thomas Baker Master viz Two hundred pieces of long reid wood, Sixtie Sevine measurs of dry pepper, Two bozes marked with number 444 and 445. One Ball Number 446. Another marked number 447. The wholl goods unloaded⁶ from the Worchester the tent and ellevinth dayes of January, and putt aboard the said Margaret of Leith Amounts in all to Eightie baggs of damnified pepper, one hundred and threttie one measurs of dry pepper, Sevintie eight measurs of damnified pepper nyne casks, chists, and balls from number 439. to number 447. inclusive, Two hundred pieces of Long reid wood, Sevine bundles of beanes, fyve Jarrs of Mangoes, And therafter the hatches of the said barque wer Sealled with the Sealls of the said Roderick Mckenzie and Peter Steuart, and the Lords of the Committie appoynted the Said Sir Robert Forbes to wryt to the said Baillie James Nairne of Leith to See the goods libered from aboard the said Thomas Baker his barque, And laid up in the ware-houses with the rest conforme to the former orders, And to the forsaid Inventar Compared and found exact with the Inventars, of the said Roderick Mckenzie and Peter Steuart, The said day the Lords appoynted the Gun-roume to be Searched, And the Lockfast Loomes and chists and others therin to be visited, which was accordingly done in ther presence, And all the missive Letters, wrytt books and other papers found therin, wer taken out and putt in a chist by themselves And the Same was nailled and fastened in presence of the saids Lords, And putt in the hands of John Hoge Meacer to the Privie Counsell to be transported to Edinburgh that ther the Same might be fully persued and examined at more leasure, And then the hatches of the Worchester wer closed and Sealled with the Sealls of the Said Peter Steuart and Roderick Mckenzie, The Lords adjurned their meeting till to morrow morning; Aboard the Worchester the twelfth day of January J^aj vij^c and fyve years, The Sealls of the said Shipe being viewed and examined, wer found wholl and intire, And therafter wer made open for unloading the remaining pairt of the Cargo into the John of Alloa, John Arthur Master, Into which bark wer Libered the number and quantities of goods afterspecified Viz one hundreth and fourtie sevine pieces and long reid wood, Sixtein new baggs of damnified pepper, Twentie one measurs of dry pepper, Twentie fyve measurs of damnified pepper, Sevintie four pieces of Small wood, Four bundles of beans, Jambies one bundle of Dragone tales, Two casks marked number 448 and 449 one Jarr of oyll, and the two measurs ordained for Libering and measureing the pepper, And therafter the Lords appoynted the said Sir Robert Forbes to wrytt to the said Baillie James Nairne to See the goods Libered from aboard the said barque and laid up in the Warehouse with the rest of the goods of the Worchester Conforme to the forsaids orders and Inventar Compared and found exact with the Inventars of the said Roderick Mckenzie and Peter Steuart, Therafter the Lords of the Committie visited the hold and all other pairts of the Shipe, and finding ther was no more goods nor Cargo therin, they ordained the keyes of the Chists and other looms which ueer searched, To be Sealled with the Sealls of the said Roderick Mckenzie Peter Steuart, and Baillie Andersone, And to be delyvered to the said Baillie to be keept till further orders, And Ordained all the hatches of the Worchester to be Sealled with the Sealls of the saids three persons above named, and adjurned ther nixt meeting till they reported the progress they had made, To the Lords of privie Counsell, Bruntisland January the thirteenth day J^aj vij^c and fyve years, The said day the forsaid Roderick Mckenzie Compeired befor the saids Lords of the Committie, And renewed his former request made yesterday, and craved ther lordships would ordaine all the Chists belonging to the Crew and others aboard the Worchester, and the other goods, chists and drauers in the Cabine, and others wher to be unloaded, And carried to Leith and Laid up with the rest of the goods that so the Affrican Companie might not be obleidged to keep a constant guard upon the said Shipe for Securitie of the saids goods and which would be a great burden upon the Affrican Companie, Peter Steuart answered that the warrand from the Counsell was only for unloading the Cargo, and that the Companie haveing seased the shipe by their oun orders behoved to be accomptable upon the event for what was in the Cabine or elswher, The Lords having considered the warrand of Counsell, are of oppinion they cane proceed no further since the wholl Cargo is unloaded, Untill they make report to the Lords of privie Counsell Sic Subscribitur Bellcarras, Forfar, Therafter the Lords of her Majesties privie Counsell having upon the day and date of thir presents Considered the above report of the Committie of Privie Counsell, Appoynted to see the remaining pairt of the Cargo aboard the East India Shipe the Worchester Lying in Bruntisland harbour, Libered, And the Same being Read in ther presence, They have Approven, and heirby Approve therof, And have Appoynted, and Ordained the papers belonging to Captain Green and his Crew that wer Seased by the said Committie, To be putt in the hands of the Earle of Levine, with the rest of the papers that his Lordship may inspect and peruse the Same, and therafter report Sic Subscribitur Tweddale I.P.D.