Tag Archives: 3 July 1703

Act, 3 July 1703, Edinburgh

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Att Edinburgh the Thrid day of July One Thousand Seven hundred and thrie years Called Extraordinary

A1703/7/61

Act

Act Declareing some Seamen to belong to Captain Gordon

Anent the petition given in to Her Majesties high Commissioner and the Lords of her Majesties privy Councill By James Frogg Merchant in Edinburgh for himself and in name and behalf of his partiners Shewing That the petitioner and his partners haveing bought from George Robertson of Newbigging Stewart depute of Orkney one thousand bolls of bear Orkney Measure out of her Majesties rents of these Isslands which the petitioner and his partners were oblidged to receive their and fraught shipps upon their oun Charges for that effect which Shipps were fraught in due time as appeared by the Chartor parties betwixt the petitioners and John Spence Skipper in Leith and John Bosswell Skipper in Bruntisland But the skippers haveing faillied to sail in the termes of the said Chartors the petitioner did for his oun and partiners Security requyre them to sail under forme of instrument and protested that they might be Lyable for damnadges Sustained and to be sustained by the petitioner and partiners throw their not performing, The said John Spence made Answer and reprotested that he could not be Lyable for damnadges In respect he was ready and willing to performe and hade in order therto provided a sufficient able and skill full Crew of mariners for accomplishing his said voyadge But that Captain Gordon Commander of one of her Majesties Shipps had ingadged and put aboard that wholl crew and that he was authorized therin by the saids Lords after Complaint made by the said John Spence which he Humbly conceived was sufficient to Liberat him from the said Chartor partie and haill obligationes incumbent on him therby especially Considered the great penurie of Seamen, So that it was Imposible for him to engadge another crew to accomplish that voyage And Seing the petitioner and his partners hade sustained ane Irrepairable Loss by that delay both by Loss of marcats and hazard that the victuall Lyes in and risk they run throw the Backwardnes of the Season and the falling of pryces throw the prospect of the ensueing harvest And that the takeing and detaineing the said Crew did necessarly ingadge the petitioners and the saids skippers in ane unavodable contest which must necessarly terminat in one if not the ruin of both parties besides that which will arise betwixt the said George Robertson and the petitioners unless the saids Lords interposed their authority and either allow the said George Robertsone to give up and retire the Contracts betwixt them and Sell the said victuall at the now ordinary and current rates or ordaine the said Shipps Crew to be delyvered back to the said John Spence that the Voyadge might yet be accomplished for recovering the said victuall and to prorogate the time for payment of the pryce therof for such a Considerable time as the saids Lords should in Justice think fitt and to allow the petitioner and partners deduction and retention in their oun hands of as much of the pryce as the petitioners should clearly instruct they hade Sustained by demnifieing the victuall falling and Loss of marcats And Therfore Humbly Craveing the saids Lords would take the premisses to their Serious Consideration and therupon either allow the said George Robertson to give up the Contract Liberat the petitioner, and partners and sell the victuall as said is; or otherwayes appoint the said Crew to be presently resolved, prorogate the terme of payment and allow them damnadges in the termes abovementioned that the ruin of the petitioner, partners and Skippers might be prevented Considering that they are willing to performe to each other if not Impeded by that which was not knowen nor could be fore seen by them as the petition bears. His Grace Her Majesties high Commissioner and the Lords of her Majesties privy Councill Haveing Considered the above petition given in to them by James Frogg merchant in Edinburgh for himself and in name and behalf of his partners The Samen being Read in their presence His Grace and the saids Lords Doe hereby Find that the Seamen mentioned in the above petition have Voluntarly ingadged with Captain Gordon Commander of one of her Majesties Shipps; And Therfore his Grace and the saids Lords doe hereby Declair the said Seamen to belong to the said Captain and that they ought to serve her Majestie under him in the foresaid shipps.

Att Edinburgh the Thrid day of July One Thousand Seven hundred and thrie years Called Extraordinary

A1703/7/61

Act

Act Declareing some Seamen to belong to Captain Gordon

Anent the petition given in to Her Majesties high Commissioner and the Lords of her Majesties privy Councill By James Frogg Merchant in Edinburgh for himself and in name and behalf of his partiners Shewing That the petitioner and his partners haveing bought from George Robertson of Newbigging Stewart depute of Orkney one thousand bolls of bear Orkney Measure out of her Majesties rents of these Isslands which the petitioner and his partners were oblidged to receive their and fraught shipps upon their oun Charges for that effect which Shipps were fraught in due time as appeared by the Chartor parties betwixt the petitioners and John Spence Skipper in Leith and John Bosswell Skipper in Bruntisland But the skippers haveing faillied to sail in the termes of the said Chartors the petitioner did for his oun and partiners Security requyre them to sail under forme of instrument and protested that they might be Lyable for damnadges Sustained and to be sustained by the petitioner and partiners throw their not performing, The said John Spence made Answer and reprotested that he could not be Lyable for damnadges In respect he was ready and willing to performe and hade in order therto provided a sufficient able and skill full Crew of mariners for accomplishing his said voyadge But that Captain Gordon Commander of one of her Majesties Shipps had ingadged and put aboard that wholl crew and that he was authorized therin by the saids Lords after Complaint made by the said John Spence which he Humbly conceived was sufficient to Liberat him from the said Chartor partie and haill obligationes incumbent on him therby especially Considered the great penurie of Seamen, So that it was Imposible for him to engadge another crew to accomplish that voyage And Seing the petitioner and his partners hade sustained ane Irrepairable Loss by that delay both by Loss of marcats and hazard that the victuall Lyes in and risk they run throw the Backwardnes of the Season and the falling of pryces throw the prospect of the ensueing harvest And that the takeing and detaineing the said Crew did necessarly ingadge the petitioners and the saids skippers in ane unavodable contest which must necessarly terminat in one if not the ruin of both parties besides that which will arise betwixt the said George Robertson and the petitioners unless the saids Lords interposed their authority and either allow the said George Robertsone to give up and retire the Contracts betwixt them and Sell the said victuall at the now ordinary and current rates or ordaine the said Shipps Crew to be delyvered back to the said John Spence that the Voyadge might yet be accomplished for recovering the said victuall and to prorogate the time for payment of the pryce therof for such a Considerable time as the saids Lords should in Justice think fitt and to allow the petitioner and partners deduction and retention in their oun hands of as much of the pryce as the petitioners should clearly instruct they hade Sustained by demnifieing the victuall falling and Loss of marcats And Therfore Humbly Craveing the saids Lords would take the premisses to their Serious Consideration and therupon either allow the said George Robertson to give up the Contract Liberat the petitioner, and partners and sell the victuall as said is; or otherwayes appoint the said Crew to be presently resolved, prorogate the terme of payment and allow them damnadges in the termes abovementioned that the ruin of the petitioner, partners and Skippers might be prevented Considering that they are willing to performe to each other if not Impeded by that which was not knowen nor could be fore seen by them as the petition bears. His Grace Her Majesties high Commissioner and the Lords of her Majesties privy Councill Haveing Considered the above petition given in to them by James Frogg merchant in Edinburgh for himself and in name and behalf of his partners The Samen being Read in their presence His Grace and the saids Lords Doe hereby Find that the Seamen mentioned in the above petition have Voluntarly ingadged with Captain Gordon Commander of one of her Majesties Shipps; And Therfore his Grace and the saids Lords doe hereby Declair the said Seamen to belong to the said Captain and that they ought to serve her Majestie under him in the foresaid shipps.

1. NRS, PC1/53, 6-8.

1. NRS, PC1/53, 6-8.

Order, 3 July 1703, Edinburgh

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Att Edinburgh the Thrid day of July One Thousand Seven hundred and thrie years Called Extraordinary

A1703/7/51

Order

Recomendation to the Lord Chancelor anent Robert Gordon factor

Anent the petition given in to her Majesties high Commissioner and the Lords of her Majesties privy Councill Be Robert Gordon factor at Burdeux Shewing That wheras the petitioner being resolved to returne to his native Countrey and to withdraw all his effects from France to Scotland and for that end haveing bought a ship of about 120 Tunns of Burdein therby And haveing also released as many Brittish prisoners upon his oun Charges as will saill the said ship home to Scotland where his wife and Children were at present and which will be ready to saill in a very short time But the present warres occasioned the petitioner a great deall of difficultie and inconveniencie, For which reason it was necessary for the petitioner to procure her Majesties pass that he might not be molested by aither Majesties Shipps or allyes and which the petitioner would not adventur to ask without first obtaineing a recommendation from the saids Lords to her Majesties. And Seing the petitioner would not upon any accompt Import any thing unto this nation which by Law prohibited, And that his Grace and Lordships did formerly Indulge Robert Arbuthnot factor at France with the same favour And Therfore humbly Craveing his Grace and the saids Lords to Recommend the petitioner to her Sacred Majestie as a native born Subject of this nation That she would be pleased to grant to the petitioner a pass or safe conduct wherby he might with the forsaid ship be free of any danger or hazard of her being seized or mollested by any of her Majesties Ships of warr or privateers; or any other the shipps of warr or privateers of her Majesties Allyes As the petition bears, His Grace her Majesties high Commissioner and the Lords of her Majesties privy Councill Haveing Considered the above petition given in to them by Robert Gordon factor at Burdeaux and the Samen being read in their presence His Grace and The saids Lords Doe hereby Recommend to the Lord high Chancelour to writ to the Earle of Nottinghame Lord Secretary of England and Transmitt to him the forsaid petition That the same May by his Lordship be Laid before her Majestie.

Att Edinburgh the Thrid day of July One Thousand Seven hundred and thrie years Called Extraordinary

A1703/7/51

Order

Recomendation to the Lord Chancelor anent Robert Gordon factor

Anent the petition given in to her Majesties high Commissioner and the Lords of her Majesties privy Councill Be Robert Gordon factor at Burdeux Shewing That wheras the petitioner being resolved to returne to his native Countrey and to withdraw all his effects from France to Scotland and for that end haveing bought a ship of about 120 Tunns of Burdein therby And haveing also released as many Brittish prisoners upon his oun Charges as will saill the said ship home to Scotland where his wife and Children were at present and which will be ready to saill in a very short time But the present warres occasioned the petitioner a great deall of difficultie and inconveniencie, For which reason it was necessary for the petitioner to procure her Majesties pass that he might not be molested by aither Majesties Shipps or allyes and which the petitioner would not adventur to ask without first obtaineing a recommendation from the saids Lords to her Majesties. And Seing the petitioner would not upon any accompt Import any thing unto this nation which by Law prohibited, And that his Grace and Lordships did formerly Indulge Robert Arbuthnot factor at France with the same favour And Therfore humbly Craveing his Grace and the saids Lords to Recommend the petitioner to her Sacred Majestie as a native born Subject of this nation That she would be pleased to grant to the petitioner a pass or safe conduct wherby he might with the forsaid ship be free of any danger or hazard of her being seized or mollested by any of her Majesties Ships of warr or privateers; or any other the shipps of warr or privateers of her Majesties Allyes As the petition bears, His Grace her Majesties high Commissioner and the Lords of her Majesties privy Councill Haveing Considered the above petition given in to them by Robert Gordon factor at Burdeaux and the Samen being read in their presence His Grace and The saids Lords Doe hereby Recommend to the Lord high Chancelour to writ to the Earle of Nottinghame Lord Secretary of England and Transmitt to him the forsaid petition That the same May by his Lordship be Laid before her Majestie.

1. NRS, PC1/53, 5-6.

1. NRS, PC1/53, 5-6.

Act, 3 July 1703, Edinburgh

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Att Edinburgh the Thrid day of July One Thousand Seven hundred and thrie years Called Extraordinary

A1703/7/41

Act

Act Declairing Captain Patrick Graham Captains John James Murrayes to fall under the Indemnity

The Lord high Chancelor Represented to the Councill That Captains Patrick Grahame John and James Murrayes who formerly hade been in France before her Majesties Gracious generall indemnity were now come home to Scotland Upon the faith of the said indemnity So soon as they heard therof His Grace her Majesties high Commissioner and the Lords of her Majesties privy Councill Doe hereby Declair the saids thrie Captaines to fall under the indemnity And to be indemnified in time comeing by the same accordingly.

Att Edinburgh the Thrid day of July One Thousand Seven hundred and thrie years Called Extraordinary

A1703/7/41

Act

Act Declairing Captain Patrick Graham Captains John James Murrayes to fall under the Indemnity

The Lord high Chancelor Represented to the Councill That Captains Patrick Grahame John and James Murrayes who formerly hade been in France before her Majesties Gracious generall indemnity were now come home to Scotland Upon the faith of the said indemnity So soon as they heard therof His Grace her Majesties high Commissioner and the Lords of her Majesties privy Councill Doe hereby Declair the saids thrie Captaines to fall under the indemnity And to be indemnified in time comeing by the same accordingly.

1. NRS, PC1/53, 5.

1. NRS, PC1/53, 5.

Order, 3 July 1703, Edinburgh

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Att Edinburgh the Thrid day of July One Thousand Seven hundred and thrie years Called Extraordinary

A1703/7/31

Order

Recommendation to her Majesties Advocat to Give his opinion as to persones that have been in France since her Majesties Indemnity

His Grace her Majesties high Commissioner and the Lords of her Majesties privy Councill Doe hereby Recommend to Sir James Stewart her Majesties advocat to prepair and bring in to the Councill nixt Councill day his oppinion and Judgment in Law anent persones that have been in France at the time of her Majesties gracious generall indemnity, And may come into this Kingdome from France upon pretence of the said indemnity

Att Edinburgh the Thrid day of July One Thousand Seven hundred and thrie years Called Extraordinary

A1703/7/31

Order

Recommendation to her Majesties Advocat to Give his opinion as to persones that have been in France since her Majesties Indemnity

His Grace her Majesties high Commissioner and the Lords of her Majesties privy Councill Doe hereby Recommend to Sir James Stewart her Majesties advocat to prepair and bring in to the Councill nixt Councill day his oppinion and Judgment in Law anent persones that have been in France at the time of her Majesties gracious generall indemnity, And may come into this Kingdome from France upon pretence of the said indemnity

1. NRS, PC1/53, 5.

1. NRS, PC1/53, 5.

Procedure, 3 July 1703, Edinburgh

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Att Edinburgh the Thrid day of July One Thousand Seven hundred and thrie years Called Extraordinary

A1703/7/21

Procedure

Committee for preparing Instructiones to the two Captains of her Majesties Friggotts the Royall Mary and Dumbartoune Castle

His Grace her Majesties high Commissioner and the Lords of her Majesties privy Councill Doe hereby nominat and appoint the Marques of Annandale Lord president of privy Councill The Duke of Argyll, The Earle of Eglingtoune, Earle of Loudon, Lord Boyle Thesaurer depute and Mr Francis Montgomery with the Lord Advocat to be a Committie to prepair instructiones for Captain Thomas Gordon Captain of her Majesties Friggott Called the Royall Mary dureing the space formerly appointed for him to Cruize and appoints the samen to be Levid before the Councill nixt Councill day, And Recommends to the said Committie to meet Monday morning at ten of the Cloak in the forenoon and Declares any thrie a sufficient quorum.

Att Edinburgh the Thrid day of July One Thousand Seven hundred and thrie years Called Extraordinary

A1703/7/21

Procedure

Committee for preparing Instructiones to the two Captains of her Majesties Friggotts the Royall Mary and Dumbartoune Castle

His Grace her Majesties high Commissioner and the Lords of her Majesties privy Councill Doe hereby nominat and appoint the Marques of Annandale Lord president of privy Councill The Duke of Argyll, The Earle of Eglingtoune, Earle of Loudon, Lord Boyle Thesaurer depute and Mr Francis Montgomery with the Lord Advocat to be a Committie to prepair instructiones for Captain Thomas Gordon Captain of her Majesties Friggott Called the Royall Mary dureing the space formerly appointed for him to Cruize and appoints the samen to be Levid before the Councill nixt Councill day, And Recommends to the said Committie to meet Monday morning at ten of the Cloak in the forenoon and Declares any thrie a sufficient quorum.

1. NRS, PC1/53, 4-5.

1. NRS, PC1/53, 4-5.

Sederunt, 3 July 1703, Edinburgh

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Att Edinburgh the Thrid day of July One Thousand Seven hundred and thrie years Called Extraordinary1

A1703/7/12

Sederunt

Her Majesties Commissioner; Lord Chancelor; Marques of Annandale p:C; Marques of Atholl p:S; Duke of Argyll; Earl of Erroll; Earl of Marr; Earl of Mortoune; Earl of Eglingtonne; Earl of Galloway; Earl of Findlater; Earl of Dunmore; Viscount Tarbat S; Viscount Stair; Lord Inverurie; Lord Haddo; Lord Forbes; Lord Boyle T:D; Lord Aberuchill; Lord Anstruther; Mr Fra: Montgomery; Shirriff of Bute; Laird of Killbirny.

Att Edinburgh the Thrid day of July One Thousand Seven hundred and thrie years Called Extraordinary1

A1703/7/12

Sederunt

Her Majesties Commissioner; Lord Chancelor; Marques of Annandale p:C; Marques of Atholl p:S; Duke of Argyll; Earl of Erroll; Earl of Marr; Earl of Mortoune; Earl of Eglingtonne; Earl of Galloway; Earl of Findlater; Earl of Dunmore; Viscount Tarbat S; Viscount Stair; Lord Inverurie; Lord Haddo; Lord Forbes; Lord Boyle T:D; Lord Aberuchill; Lord Anstruther; Mr Fra: Montgomery; Shirriff of Bute; Laird of Killbirny.

1. NRS, PC1/53, 4.

2. NRS, PC1/53, 4.

1. NRS, PC1/53, 4.

2. NRS, PC1/53, 4.