Act, 30 March 1694, Edinburgh

Edinburgh the Threttie day of March Jaj vjc nyntie four years

D1694/3/391

Act

Act The baillies of Portsburgh anent Souldiers.

Anent a Petition given in to the Lords of their Majesties privy Councill be Mr Henry Fergusone and David Renwick baron baillies and gate Baillies of the barrony of Portsburgh Shewing that quher the petitioners albeit conforme to the last act of parliament they did put out the number of six men of this new Levie for their majesties service Which are all they are by law requyred yet notwithstanding some Souldiers at severall times before did attack the nighbours housses in Portsburgh and when they Could not by force Cary away the prisoners therof knocked them doune and Cut them on the head Which is yet to be seen and spulzied their housses and lastly yesternight about ten a Cloak at night ten or Eleven Souldiers came most seriously to the house of Patrick Leitch Gardner and violently by force did cary him away which comeing to the knowledge of the nighbours (who are allwayes ready to serve their Majesties and Cary on their intrest And to Concurr with any Souldiers for apprehending Deserters and run awayes) They did desyre to know what order they hade to take the said Patrick away And declairing they hade no order the nighbours did rescue the said Patrick Leitch out of their hands and took five or the partie that caried him prisoner and delivered them to the toune Guard of Edinburgh who out of good Corrospondence did deliver them to the Cannogate guard quher they still remaine And Therfore Humbly Craveing the saids Lords would be pleased to take the premisses to their serious Consideratione and the great disorders that may be Occasioned by such methods, And to fall upon such wayes as may prevent the like in time comeing as the petition bears The Lords of their majesties privy Councill haveing Considered the above petition given in to them be the above Mr Henry Ferguson and David Renwick They heirby Recommend to Sir Thomas Liveingstoune Comander in Chief of their Majesties forces within this kingdome to take tryall of the matter above represented and to call for and examine the souldiers and particularly Serjant Seatton notwithstanding he belong to the Forces in Flanders and to Cause punish them according as they shall be found guilty, And Likewayes Recomends to the said Sir Thomas to take such Course and Issue forth such necessary orders as may effectually prevent the like disorders and abuses for the future

Edinburgh the Threttie day of March Jaj vjc nyntie four years

D1694/3/391

Act

Act The baillies of Portsburgh anent Souldiers.

Anent a Petition given in to the Lords of their Majesties privy Councill be Mr Henry Fergusone and David Renwick baron baillies and gate Baillies of the barrony of Portsburgh Shewing that quher the petitioners albeit conforme to the last act of parliament they did put out the number of six men of this new Levie for their majesties service Which are all they are by law requyred yet notwithstanding some Souldiers at severall times before did attack the nighbours housses in Portsburgh and when they Could not by force Cary away the prisoners therof knocked them doune and Cut them on the head Which is yet to be seen and spulzied their housses and lastly yesternight about ten a Cloak at night ten or Eleven Souldiers came most seriously to the house of Patrick Leitch Gardner and violently by force did cary him away which comeing to the knowledge of the nighbours (who are allwayes ready to serve their Majesties and Cary on their intrest And to Concurr with any Souldiers for apprehending Deserters and run awayes) They did desyre to know what order they hade to take the said Patrick away And declairing they hade no order the nighbours did rescue the said Patrick Leitch out of their hands and took five or the partie that caried him prisoner and delivered them to the toune Guard of Edinburgh who out of good Corrospondence did deliver them to the Cannogate guard quher they still remaine And Therfore Humbly Craveing the saids Lords would be pleased to take the premisses to their serious Consideratione and the great disorders that may be Occasioned by such methods, And to fall upon such wayes as may prevent the like in time comeing as the petition bears The Lords of their majesties privy Councill haveing Considered the above petition given in to them be the above Mr Henry Ferguson and David Renwick They heirby Recommend to Sir Thomas Liveingstoune Comander in Chief of their Majesties forces within this kingdome to take tryall of the matter above represented and to call for and examine the souldiers and particularly Serjant Seatton notwithstanding he belong to the Forces in Flanders and to Cause punish them according as they shall be found guilty, And Likewayes Recomends to the said Sir Thomas to take such Course and Issue forth such necessary orders as may effectually prevent the like disorders and abuses for the future

1. NRS, PC2/24, 382v-383r.

1. NRS, PC2/24, 382v-383r.

Sederunt, 30 March 1694, Edinburgh

Edinburgh the Threttie day of March Jaj vjc nyntie four years1

D1694/3/382

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Cassills; Earl of Forfar; Viscount Tarbat; Lord Strathnaver; Lord Beilhaven; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Laird of Grant; Sir Thomas Livingstoun

Edinburgh the Threttie day of March Jaj vjc nyntie four years1

D1694/3/382

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Cassills; Earl of Forfar; Viscount Tarbat; Lord Strathnaver; Lord Beilhaven; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Laird of Grant; Sir Thomas Livingstoun

1. NRS, PC2/24, 382v.

2. NRS, PC2/24, 382v.

1. NRS, PC2/24, 382v.

2. NRS, PC2/24, 382v.

Order, 30 March 1694, Edinburgh

Att Edinburgh the Threttie day of March Jaj vic nyntie four years

A1694/3/481

Order

Recommendation to The Thesaury for a fyre ship against The Bass

The Lords of their Majesties privie Counsell doe heirby Recommend to the Lords Commissioners of their Majesties Thesaury uith all dilligence To Cause outreik and putt out a fyre ship for assisting the shipps of warr already ordered against the Bass and for attacking burning and destroying any such ships or vessells ane or mae as shall attempt to gett in to the said Isle of the Bass or to furnish or supplie the rebells therin any manner of way And to aggree with such persons for Commanding or serving in the said fyre ship as they shall think fitt for that service And that upon such tearms and for such hyre or wages as they shall think reasonable and to Cause pay them accordingly

Att Edinburgh the Threttie day of March Jaj vic nyntie four years

A1694/3/481

Order

Recommendation to The Thesaury for a fyre ship against The Bass

The Lords of their Majesties privie Counsell doe heirby Recommend to the Lords Commissioners of their Majesties Thesaury uith all dilligence To Cause outreik and putt out a fyre ship for assisting the shipps of warr already ordered against the Bass and for attacking burning and destroying any such ships or vessells ane or mae as shall attempt to gett in to the said Isle of the Bass or to furnish or supplie the rebells therin any manner of way And to aggree with such persons for Commanding or serving in the said fyre ship as they shall think fitt for that service And that upon such tearms and for such hyre or wages as they shall think reasonable and to Cause pay them accordingly

1. NRS, PC1/49, 322.

1. NRS, PC1/49, 322.

Warrant, 30 March 1694, Edinburgh

Att Edinburgh the Threttie day of March Jaj vic nyntie four years

A1694/3/471

Warrant

Warrand for Captain Burds giving orders to Captain Bosuell

The Lords of their Majesties privie Councill Considering That ther are tuo severall Shipps or frigotts outreiked or ordered to be outreiked against the rebells in the Bass and such as may offer to assist or supply them wherof the one is Commanded by Captain Eduard Burd and the other by Captain John Bosuell And that for avoyding Confusion and disorder It is necessary that one of these Captains be obleidged to receave orders from the other Therfore The saids Lords doe heirby authorize and Impoure the said Captaine Eduard Burd to Give such orders and Comands to the said Captain John Bosuell for the Conducting sailing managing and disposall of the ship Commanded by the said Captaine Bosuell uith its Crue Company souldiers and others therin as the said Captain Burd shall from tyme to tyme find necessary and requisite And ordaines Captain Bosuell to receave and give obedience to the saids orders and Commands accordingly

Att Edinburgh the Threttie day of March Jaj vic nyntie four years

A1694/3/471

Warrant

Warrand for Captain Burds giving orders to Captain Bosuell

The Lords of their Majesties privie Councill Considering That ther are tuo severall Shipps or frigotts outreiked or ordered to be outreiked against the rebells in the Bass and such as may offer to assist or supply them wherof the one is Commanded by Captain Eduard Burd and the other by Captain John Bosuell And that for avoyding Confusion and disorder It is necessary that one of these Captains be obleidged to receave orders from the other Therfore The saids Lords doe heirby authorize and Impoure the said Captaine Eduard Burd to Give such orders and Comands to the said Captain John Bosuell for the Conducting sailing managing and disposall of the ship Commanded by the said Captaine Bosuell uith its Crue Company souldiers and others therin as the said Captain Burd shall from tyme to tyme find necessary and requisite And ordaines Captain Bosuell to receave and give obedience to the saids orders and Commands accordingly

1. NRS, PC1/49, 321.

1. NRS, PC1/49, 321.

Commission by the Council, 30 March 1694, Edinburgh

Att Edinburgh the Threttie day of March Jaj vic nyntie four years

A1694/3/461

Commission by the Council

Commission Captain Bosuell against The Bass

The Lords of their Majesties privie Councell Considering That the Isle and rock of the Bass and Rebells therin who have Long held out in rebellion may be now in some straits for want of provisions And as is Informed are in dayly expectation to be succoured and releived by some of the Enemies shipps or vessells that may arryve therat As also that the rebells in the said Island Have of Late had the boldnes to seise a barke within the firth For which reasons The saids Lords Have already Given Commission to Captain Eduard Burd Captain of the Good ship or friggot Called the Lyon to saile uith his said ship and watch the said Isle and seise all shipps bound therto As the said Commission which is of the Lyke tenor uith this present Commission at more Length bears And the saids Lords Finding it necessar In respect of attempts made by french privateirs for releiving the rebells in the said Island That another ship of force be outreiked for blocking up the said Bass and preventing any releiff or supplie to be sent in or furnished to the saids rebells from the Kingdome of France or other Enemies to their Majesties and their government They have thought Good to outreick and fitt out another friggott sufficiently provyded uith men armes and ammunitione And in the absence of the Duke of Hamilton Lord High admirall and In the present exigence To give Commission to the persone afternamed to Command the said friggott for to watch the said Bass And to hinder all manner of provisiones and supplies to be brought or entered into it And Lykeuayes to secure the shipps and vessells belonging to his Majesties Leidges that may be in hazard from their attacques and surprises And the saids Lords having speciall trust and Confidence in the Loyaltie Courage and Conduct of John Bosuall skipper in Kirkcaldie master of the Good ship called the providence Have therfore nominated and appointed And heirby nominat and appoint the said John Bosuall to be Captaine of the said Good ship or frygott Called the providence of the burthen of tuo hundreth Tunns or therby and tuenty peices of ordinance uith all amunition proportionable as a man of warr Commissionat in their Majesties service to the speciall effect underwryten allenarly Giving Granting and Committing to the said Captaine full pouer warrand Commission and charge to saile furth his forsaid ship or frigot panned and provyded as above to watch the forsaid Isle and fort of the Bass And for that end to Cruise betuixt St Abbs head and Fyfeness day and night uith all care and dilligence and to seise all ships or vessells whatsomever great or small Bound or Justly suspect to be bound for the said Isle and fort of the Bass or to any other port within the firth for Supplying and releiving therof with any sort of provisiones of men armes amunitione victuall or others whatsomever And if need beis upon resistance to fight destroy or other uayes overmaster the saids ships or vessells as he shall see cause As Lykeuayes to seise all ships boats or vessells whatsomever Coming from the Bass And in caise of resistance to fight destroy or otheruayes overmaster them as above And Generallie to watch and shutt up the forsaid rock and Island and rebells therin uith all possible care and strictnes and use all manner of hostility against them for that effect and to reduce them by all methods possible And ordaines the said Captaine to preserve harmles and skaithles all ships and vessells whatsomever uith their goods and Loading belonging to their Majesties good subjects or alleyes from all attempts or violence aither from the saids rebells in the Bass or of any other of their Majesties enemies As also Gives full pouer and Commission to the said Captaine to seise all shipps belonging to Enemies in propertie or having Commission from them uithin the firth or bounds abovedesigned for the saids frygotts Cruising And that if need beis by fighting destroying or otheruayes overmastering the saids Enemies as he shall see cause And to bring the shipps or vessells so overmastered and apprehended to any port or harbour uithin this kingdome uithout breaking bulk or altering the propperty therof To be proceeded against and Judged according to Law In the high Court of admirality in this Kingdome or such other Court or Courts as by particular and speciall commission shall be sufficiently authorized to doe the samen And to the effect That after such proceedings and adjudications The said Enemies shipps and goods be sold and disposed of as of right appertaines provyded alwayes that of such ships and vessells as also out of waires and merchandize whatsomever found aboard the saids vessells as shall be Judged laufull prise There be payed the tenths to the Lord High Admirall or to any who shall have sufficient warrand and pouer to receave the same And the remainder to be disposed of by the Lords of Thesaury for their Majesties use authorizing the said Captaine Generallie to doe and performe all and every thing That touards the executione of the haill premisses is necessary and requisite promitting to hold firme and stable all and whatsoever things which shall be Laufullie done by the said Captaine by vertue of these presents And ordaines this Commission to Continow and Endure ay and while the samen be recalled by the Kings Majestie or by us or till the said Island of the Bass be surrendered and Lastly The saids Lords ordaines the said Captaine before he shall Act any thing by vertue of these presents to find sufficient Caution acted in the books of privie Councill for the faithfull observing of the premisses and such farder articles and Instructions as his Majestie or the Councill shall give toutching the same signed and sealled by the signet of Councill att Edinburgh the threttie day of March Jaj vic nyntie four years sic subscribitur Tueeddale cancel: Southerland Cassills Forfar Tarbat Strathnaver James Steuart Adam Cockburne Thomas Livingstoune

Att Edinburgh the Threttie day of March Jaj vic nyntie four years

A1694/3/461

Commission by the Council

Commission Captain Bosuell against The Bass

The Lords of their Majesties privie Councell Considering That the Isle and rock of the Bass and Rebells therin who have Long held out in rebellion may be now in some straits for want of provisions And as is Informed are in dayly expectation to be succoured and releived by some of the Enemies shipps or vessells that may arryve therat As also that the rebells in the said Island Have of Late had the boldnes to seise a barke within the firth For which reasons The saids Lords Have already Given Commission to Captain Eduard Burd Captain of the Good ship or friggot Called the Lyon to saile uith his said ship and watch the said Isle and seise all shipps bound therto As the said Commission which is of the Lyke tenor uith this present Commission at more Length bears And the saids Lords Finding it necessar In respect of attempts made by french privateirs for releiving the rebells in the said Island That another ship of force be outreiked for blocking up the said Bass and preventing any releiff or supplie to be sent in or furnished to the saids rebells from the Kingdome of France or other Enemies to their Majesties and their government They have thought Good to outreick and fitt out another friggott sufficiently provyded uith men armes and ammunitione And in the absence of the Duke of Hamilton Lord High admirall and In the present exigence To give Commission to the persone afternamed to Command the said friggott for to watch the said Bass And to hinder all manner of provisiones and supplies to be brought or entered into it And Lykeuayes to secure the shipps and vessells belonging to his Majesties Leidges that may be in hazard from their attacques and surprises And the saids Lords having speciall trust and Confidence in the Loyaltie Courage and Conduct of John Bosuall skipper in Kirkcaldie master of the Good ship called the providence Have therfore nominated and appointed And heirby nominat and appoint the said John Bosuall to be Captaine of the said Good ship or frygott Called the providence of the burthen of tuo hundreth Tunns or therby and tuenty peices of ordinance uith all amunition proportionable as a man of warr Commissionat in their Majesties service to the speciall effect underwryten allenarly Giving Granting and Committing to the said Captaine full pouer warrand Commission and charge to saile furth his forsaid ship or frigot panned and provyded as above to watch the forsaid Isle and fort of the Bass And for that end to Cruise betuixt St Abbs head and Fyfeness day and night uith all care and dilligence and to seise all ships or vessells whatsomever great or small Bound or Justly suspect to be bound for the said Isle and fort of the Bass or to any other port within the firth for Supplying and releiving therof with any sort of provisiones of men armes amunitione victuall or others whatsomever And if need beis upon resistance to fight destroy or other uayes overmaster the saids ships or vessells as he shall see cause As Lykeuayes to seise all ships boats or vessells whatsomever Coming from the Bass And in caise of resistance to fight destroy or otheruayes overmaster them as above And Generallie to watch and shutt up the forsaid rock and Island and rebells therin uith all possible care and strictnes and use all manner of hostility against them for that effect and to reduce them by all methods possible And ordaines the said Captaine to preserve harmles and skaithles all ships and vessells whatsomever uith their goods and Loading belonging to their Majesties good subjects or alleyes from all attempts or violence aither from the saids rebells in the Bass or of any other of their Majesties enemies As also Gives full pouer and Commission to the said Captaine to seise all shipps belonging to Enemies in propertie or having Commission from them uithin the firth or bounds abovedesigned for the saids frygotts Cruising And that if need beis by fighting destroying or otheruayes overmastering the saids Enemies as he shall see cause And to bring the shipps or vessells so overmastered and apprehended to any port or harbour uithin this kingdome uithout breaking bulk or altering the propperty therof To be proceeded against and Judged according to Law In the high Court of admirality in this Kingdome or such other Court or Courts as by particular and speciall commission shall be sufficiently authorized to doe the samen And to the effect That after such proceedings and adjudications The said Enemies shipps and goods be sold and disposed of as of right appertaines provyded alwayes that of such ships and vessells as also out of waires and merchandize whatsomever found aboard the saids vessells as shall be Judged laufull prise There be payed the tenths to the Lord High Admirall or to any who shall have sufficient warrand and pouer to receave the same And the remainder to be disposed of by the Lords of Thesaury for their Majesties use authorizing the said Captaine Generallie to doe and performe all and every thing That touards the executione of the haill premisses is necessary and requisite promitting to hold firme and stable all and whatsoever things which shall be Laufullie done by the said Captaine by vertue of these presents And ordaines this Commission to Continow and Endure ay and while the samen be recalled by the Kings Majestie or by us or till the said Island of the Bass be surrendered and Lastly The saids Lords ordaines the said Captaine before he shall Act any thing by vertue of these presents to find sufficient Caution acted in the books of privie Councill for the faithfull observing of the premisses and such farder articles and Instructions as his Majestie or the Councill shall give toutching the same signed and sealled by the signet of Councill att Edinburgh the threttie day of March Jaj vic nyntie four years sic subscribitur Tueeddale cancel: Southerland Cassills Forfar Tarbat Strathnaver James Steuart Adam Cockburne Thomas Livingstoune

1. NRS, PC1/49, 319-21.

1. NRS, PC1/49, 319-21.

Procedure, 30 March 1694, Edinburgh

Att Edinburgh the Threttie day of March Jaj vic nyntie four years

A1694/3/451

Procedure

Approbation of the Lord Advocats Liberating Leivt Broune

The Lords of their Majesties privie Councill Doe heirby approve of Sir James Steuart their Majesties Advocat his Giving warrand for Liberating Leivtenant George Broune upon bond and Caution for ane hundreth pounds sterling to reenter prisone betuixt and the second day of Apryle nixt And the saids Lords doe heirby allow the said Leivtenant Broune to Continow at Libertie notwithstanding of the precise day in his said bond In respect he hath given new bond and found Cautione to appear before their Lordships upon the third day of the said month of Apryle nixt or at any other tyme whensoever he shall be Called or requyred And in the mean tyme that he shall Live peacably under and uith all submission to the present government under their Majesties King William and Queen Mary And that he shall not Act Consult or Contryve any thing in prejudice therof nor Converss or Correspond uith any rebells And that under the penaltie of ane Hundred pounds sterling

Att Edinburgh the Threttie day of March Jaj vic nyntie four years

A1694/3/451

Procedure

Approbation of the Lord Advocats Liberating Leivt Broune

The Lords of their Majesties privie Councill Doe heirby approve of Sir James Steuart their Majesties Advocat his Giving warrand for Liberating Leivtenant George Broune upon bond and Caution for ane hundreth pounds sterling to reenter prisone betuixt and the second day of Apryle nixt And the saids Lords doe heirby allow the said Leivtenant Broune to Continow at Libertie notwithstanding of the precise day in his said bond In respect he hath given new bond and found Cautione to appear before their Lordships upon the third day of the said month of Apryle nixt or at any other tyme whensoever he shall be Called or requyred And in the mean tyme that he shall Live peacably under and uith all submission to the present government under their Majesties King William and Queen Mary And that he shall not Act Consult or Contryve any thing in prejudice therof nor Converss or Correspond uith any rebells And that under the penaltie of ane Hundred pounds sterling

1. NRS, PC1/49, 318-19.

1. NRS, PC1/49, 318-19.

Order, 30 March 1694, Edinburgh

Att Edinburgh the Threttie day of March Jaj vic nyntie four years

A1694/3/441

Order

Recommendation to The Thesaury to furnish another ship against the Bass

The Lords of their Majesties privie Councill Doe heirby Recommend to the Lords Commissioners of their Majesties Thesaury to Cause make sufficient provision for the speedy outreik of another ship of war besyds that already fitted out and Commanded by Captaine Eduard Burd well manned furnished uith all Instruments of warr and other necessaries able to make defence against any ship which may happen to Come uith provisions of men or other supply to the rebells in the Bass

Att Edinburgh the Threttie day of March Jaj vic nyntie four years

A1694/3/441

Order

Recommendation to The Thesaury to furnish another ship against the Bass

The Lords of their Majesties privie Councill Doe heirby Recommend to the Lords Commissioners of their Majesties Thesaury to Cause make sufficient provision for the speedy outreik of another ship of war besyds that already fitted out and Commanded by Captaine Eduard Burd well manned furnished uith all Instruments of warr and other necessaries able to make defence against any ship which may happen to Come uith provisions of men or other supply to the rebells in the Bass

1. NRS, PC1/49, 318.

1. NRS, PC1/49, 318.

Sederunt, 30 March 1694, Edinburgh

Att Edinburgh the Threttie day of March Jaj vic nyntie four years1

A1694/3/432

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Cassills; Earl of Forfar; Viscount Tarbat; Lord Strathnaver; Lord Beilhaven; Lord Advocat; Lord Justice clerk; Lord Funtainhall; Laird of Grant; Sir Thomas Livingstoun

Att Edinburgh the Threttie day of March Jaj vic nyntie four years1

A1694/3/432

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Cassills; Earl of Forfar; Viscount Tarbat; Lord Strathnaver; Lord Beilhaven; Lord Advocat; Lord Justice clerk; Lord Funtainhall; Laird of Grant; Sir Thomas Livingstoun

1. NRS, PC1/49, 318.

2. NRS, PC1/49, 318.

1. NRS, PC1/49, 318.

2. NRS, PC1/49, 318.