Att Edinburgh the Thirteinth day of February Jaj vijc and fyve years
A1705/2/15
A1705/2/15
Act
Act In favours of Captain Green and Crew
Anent the Supplication given in and presented to the Lords of her Majesties Privie Counsell by Captain Thomas Green Commander of the Worchester, John Maders chiefe Mate, John Reynolds Secund Mate, Thomas Lintstide Assistant to the deceased Supercargo, James Sympson Gunner, Henry Kigill Carpenter, James Burne Boatswine, Samuell Urline Carpenters Mate, Andrew Rotsone Gunners Mate, Samuell Wilcocks Chirurgions Mate, John Brockly Cowper, George Kilchine Quarter-Master, John Ballingtoun Quarter-Master George Haynes Steuart, Alexander Taylior Foirmast man, Henry Barnes Idem, Shewing That wher the Saids Lords by ther Act the Twentie fyfth of January Last bypast In answer to ane petition given in by the Supplicants, Did ordaine them to be alimented dureing ther incarceration as they had been formerly befor that tyme, And they being alimented by Mr Roderick Mckenzie In name of the Affrican Company at one Shilling Sterling per day befor ther Imprisonement, They did requyre the Said Roderick by way of Instrument to pay them ther bygone aliment And to intertaine them as formerly, And ane Instrument on the back therof, theirwith produced, They humbly begged leave to lay befor the Saids Lords ther Starving condition heir in prisone wher they have now remained these Six weeks bypast and wpwards, dureing which tyme they had nothing, but what was furnished them wpon the faith and credite that the saids Lords would in Justice, as they had done, Ordaine them to be alimented; But now Seeing the Saids Lords ther Act had not taken effect, nor received due obedience, no persone will credite them any farder, So that they wer in danger of dying by reasone of Cold and hunger, which they hoped the Saids Lords would by ther Justice and clemencie prevent, For if they after tryall wer found guilty of what is laid to ther charge, they would willingly Submitt to Justice, But if Innocent as truly they wer, then it wer very hard, that they Should Suffer death by reasone of ther incarceration and want of necessary Subsistance; They lykewayes further begged leave to represent to the Saids Lords that by the practise of all Europe Yea it is the Law of all Nations that all pairties who are putt in wpon the accompt of crymes, Should be mantained untill their tryall; Otherwayes ane Innocent persone might come to Suffer death befor his tryall, And malitious persons might work ther revenge without any controle, And when pairties wer Incarcerat for civill debts, the Justice of the Nation hes provyded ane remedy In favours of Indigent debitors; And Therfor humbly begging the Saids Lords would be pleased to take ther miserable condition to ther Serious consideration, And would fall wpon Some methode for ther being alimented, while Imprisoned to prevent ther death by Cold and hunger, As the Said Petition bears; And als Anent another petition and representation given in and presented to the Saids Lords of her Majesties privie Counsell by Mr Roderick Mckenzie Secretary to the Indian and Affrican Company for himselfe and in name and behalfe of the said Companie, Humbly Shewing That wheras by the saids Lords delyverance on two Severall Petitions of Captain Green and his Crew the twentie fyfth of January Last, and eight of February instant, The Saids Lords wer pleased to appoynt and Ordaine that they Should be alimented by the Said Companie at one Shilling Sterling per diem, that the Same Should be payed wp and continued to them dureing ther Imprisonement, And had ordered that horning Should proceed against the petitioner for the Same, And declaired that the Said aliment Should affect the Cargo of the Shipe Worchester, The petitioner could not but be extreamly Surpryzed at Such pairt therof as concerns him in particular Since he hes neither any pairt of the Said Cargo in his possession, nor is intrusted by the Government, nor hes one Single pennie of the said Companys money in his hand In respect wherof he humbly hoped the Saids Lords would be pleased to recall ther order, at Least insofarr as directly concerned the petitioner; That Since Captain Green and his officers have Sufficient credite, not only to maintaine themselves, But lykewayes to answer all their other occasions, and wer never mantained by the said Company at a Shilling per diem, as was falsely represented to the saids Lords, It was humbly conceaved that they ought farr less to be so now, when the Company hes not alltogether the possession of the effects of that Ship as they had formerly; That if such of the crew as wer formerly mantained by the Company at a Shilling per diem Shall Still, by the saids Lords authoritie, have mantenance from the Company, It ought at least to be restricted to Such a moderat allowance, as is commonly given to state prisoners of ther qualitie, especiallie Since Some of them have for severall weeks been mantained to ther contentment by the keepers of Edinburgh, Cannongat Leith and Bruntisland Tollbooths at Six pence per diem each, And it is hoped that what the Company did formerly, meerly in generositie, may not now be urged as a precedent to their prejudice by any compulsory Act; That two of the persons formerly alimented by the Company viz Samull Urline and Henry Barns haveing only been engaged by Captain Green at Bengall long after his comeing from the coast of Mallabar, It was humbly offerred to the saids Lords consideration whither it may not be thought ane unnecessary hardshipe and expence to continue them prisoners, wnder the Same treatment with those who are accused of horrid crymes, as the said petition lykewayes bears; The Lords of her Majesties Privie Counsell haveing this day considered the within petition given in to them by Mr Roderick Mckenzie Together with another petition given in by Captain Thomas Green Commander of the Shipe the Worchester, Captain John Madder chiefe Mate and Severall others of his Shipe and Crew, And the Samen being read in their presence, The Saids Lords have restricted and heirby Restricts the aliment formerly payed and appoynted to be payed by the said Mr Roderick Mckenzie to these of Captain Greens Crew who wer formerly alimented by the Company, and each of them to Six Shilling Scots a day, except as to Such of them as are prisoners in the Castell of Edinburgh, And continues their aliment as formerly being to them twelve Shilling Scots per diem, And appoynts the Saids Mr Roderick Mckenzie to make payment therof accordingly to such of the said crew as are above mentioned; And Letters of horning under the Signet of Counsell wpon fyftein dayes to be directed heirwpon at the instance of the foirnamed persons, whose names and designations Shall be given in wnder their hand, Against the said Mr Roderick Mckenzie for payment therof as said is; And Appoynts and Ordains Samuell Urline, and Henry Barnes two of the said Captain Greens Crew, and who engaged with him after he came from the coast of Mallabar, To be sett at Liberty furth of the Tollbooth of […] And Gives order and warrand to the Magistrats of […] and keepers of ther Tollbooth to Sett them at Liberty accordingly, And refuses the desyre of Captain Greens bill, and such others of his Crew and Company, as wer not formerly alimented by the Affrican Company befor their committment.
At Edinburgh 13 February 1705
A1705/2/15
Act
Act in favour of Captain Green and crew
Concerning the supplication given in and presented to the lords of her majesty’s privy council by Captain Thomas Green, commander of the Worcester, John Maders chief mate, John Reynolds second mate, Thomas Lintstide assisstant to the deceased supercargo, James Simpson gunner, Henry Kigill carpenter, James Burne boatswain, Samuel Urline carpenter’s mate, Andrew Rotsone gunner’s mate, Samuel Wilcocks surgeon’s mate, John Brockly cooper, George Kilchine quartermaster, John Ballington quartermaster, George Haynes steward, Alexander Taylor foremast-man, Henry Barnes foremast-man, showing that where the said lords by their act [of] 25 January last bypast in answer to a petition given in by the supplicants, did ordain them to be maintained during their incarceration as they had been formerly before that time, And they being maintained by Mr Roderick Mackenzie in name of the African Company at one shilling Sterling per day before their imprisonment, they did require the said Roderick by way of instrument to pay them their bygone maintenance, and to entertain them as formerly. And an instrument on the back thereof, therewith produced, they humbly begged leave to lay before the said lords their starving condition here in prison, where they have now remained these six weeks bypast and upwards, during which time they had nothing but what was furnished them upon the faith and credit that the said lords would in justice, as they had done, ordain them to be maintained. But now seeing the said lords their act had not taken effect, nor received due obedience, no person will credit them any further, so that they were in danger of dying by reason of cold and hunger, which they hoped the said lords would by their justice and clemency prevent. For if they after trial were found guilty of what is laid to their charge, they would willingly submit to justice, but if innocent, as truly they were, then it were very hard, that they should suffer death by reason of their incarceration and want of necessary subsistence. They likewise further begged leave to represent to the said lords that, by the practice of all Europe, yea it is the law of all nations, that all parties who are put in upon the account of crimes, should be maintained until their trial; otherwise an innocent person might come to suffer death before his trial, and malicious persons might work their revenge without any control. And when parties were incarcerated for civil debts, the justice of the nation has provided a remedy in favour of indigent debtors. And therefore humbly begging [that] the said lords would be pleased to take their miserable condition to their serious consideration, and would fall upon some method for their being maintained while imprisoned to prevent their death by cold and hunger, as the said petition bears. And also concerning another petition and representation given in and presented to the said lords of her majesty’s privy council by Mr Roderick Mackenzie, secretary to the Indian and African Company, for himself and in name and [on] behalf of the said company, humbly showing that, whereas by the said lords’ deliverance on two several petitions of Captain Green and his crew [on] 25 January last and 8 February instant, the said lords were pleased to appoint and ordain that they should be maintained by the said company at one shilling Sterling per day, that the same should be payed up and continued to them during their imprisonment, and had ordered that horning should proceed against the petitioner for the same, and declared that the said maintenance should effect the cargo of the ship Worcester, the petitioner could not but be extremely surprised at such part thereof as concerns him in particular, since he has neither any part of the said cargo in his possession, nor is entrusted by the government, nor has one single penny of the said company’s money in his hand. In respect whereof he humbly hoped the said lords would be pleased to recall their order, at least insofar as directly concerned the petitioner. That since Captain Green and his officers have sufficient credit, not only to maintain themselves, but likewise to answer all their other occasions, and were never maintained by the said company at a shilling per day, as was falsely represented to the said lords, it was humbly conceived that they ought far less to be so now, when the company has not altogether the possession of the effects of that ship as they had formerly. That if such of the crew as were formerly maintained by the company at a shilling per day shall still, by the said lords’ authority, have maintenance from the company, it ought at least to be restricted to such a moderate allowance, as is commonly given to state prisoners of their quality, especially since some of them have for several weeks been maintained to their contentment by the keepers of Edinburgh, Canongate, Leith, and Burntisland tolbooths at six pence per day each. And it is hoped that what the company did formerly, merely in generosity, may not now be urged as a precedent to their prejudice by any compulsory act. That two of the persons formerly maintained by the company, viz Samuel Urline and Henry Barns, having only been engaged by Captain Green at Bengal, long after his coming from the coast of Malabar, it was humbly offered to the said lords’ consideration whither it may not be thought an unnecessary hardship and expense to continue them prisoners, under the same treatment with those who are accused of horrid crimes, as the said petition likewise bears. The lords of her majesty’s privy council having this day considered the within petition given in to them by Mr Roderick Mackenzie, together with another petition given in by Captain Thomas Green, commander of the ship the Worcester, Captain John Madder chief mate, and several others of his ship and crew, and the same being read in their presence, the said lords have restricted and hereby restricts the maintenance formerly paid and appointed to be paid by the said Mr Roderick Mackenzie to those of Captain Green’s crew who were formerly maintained by the company, and each of them to 6 shilling Scots a day, except as to such of them as are prisoners in the castle of Edinburgh, and continues their maintenance as formerly being to them 12 shilling Scots per day. And appoints the said Mr Roderick Mackenzie to make payment thereof accordingly to such of the said crew as are above mentioned. And letters of horning under the signet of council upon 15 days to be directed hereupon at the instance of the forenamed persons, whose names and designations shall be given in under their hand, against the said Mr Roderick Mackenzie for payment thereof as said is. And appoint and ordain Samuel Urline and Henry Barnes, two of the said Captain Green’s crew, and who engaged with him after he came from the coast of Malabar, to be set at liberty forth of the tolbooth of […]. And give order and warrant to the magistrates of […] and keepers of their tolbooth to set them at liberty accordingly. And refuse the desire of Captain Green’s bill, and such others of his crew and company as were not formerly maintained by the African Company before their committal.
