[A1706/10/32]¹

[Recommendation in favour of Captain Thomas Hay]

To his grace her majesty's high commissioner and the right honourable estates of parliament, the petition of Captain Thomas Hay.

Humbly shows,

That your petitioner being owner in a Scots ship freighted by some Dutchmen to Salé, Captain Butler, commander of The Wolchester in England, did in 1702 seize her in her voyage, and brought her into Berwick, upon pretence that she carried contraband goods.

But this was found false, upon a report of [Sir Gilbert Elliott of] Minto, then clerk of secret council, who was sent to make inquiry thereof, upon my application to my lord [James Douglas], duke of Queensberry, then her majesty's commissioner, and the most honourable privy council.

Notwithstanding whereof, your petitioner (for himself and his partners) was obliged to go and apply to the admiralty of England, where though after long dependence and much expenses, the ship was released, and upon the faith thereof, your petitioner purchased her at a public roup. Yet there came a new arrestment, whereupon, being rifled of her tackling, she lies rotting in that harbour to this day.

There were several other aggravating circumstances which I am unwilling to mention, especially at a time when it is so requisite that irritations between those of both nations should be rather covered than remembered.

Yet it is humbly represented that your petitioner, by the vast damages sustained hereby and the want of his arrears (for which he served so faithfully at home and abroad), is reduced to pinching necessity, after the same had occasioned the disorder of his private patrimony and trade, by which he thought to improve it; whence it is humbly hoped,

Firstly, that the parliament may consider my damages. Subjects who are to be protected, having no other remedy against the oppression of public persons in another government, except they be redressed by their own.

Especially seeing that the government has so generously interposed and satisfied themselves by enquiry of the justness of his cause; and a private man, in the circumstances to which these hardships have reduced him, cannot be capable to obtain redress.

Secondly, it is humbly hoped that they will the rather consider the premises, in regard that your petitioner was so long in the service (from the revolution to the peace at Reswick) and has been provided in nothing ever since, notwithstanding that many occasions have offered and his arrears remain unpaid.

And seeing it's now to be determined what public debts are to affect the equivalents,

May it therefore please your grace and right honourable estates of parliament to find my aforesaid damages (according to an account hereto subjoined) to be liquid, and declare the same a public debt; as also my arrears, whereof the account is hereto annexed, so as the same may affect the equivalent in such manner as your grace and lordships shall appoint.

And your petitioner shall ever pray, etc.

In the evidence of which losses, the account is hereto subjoined:

Account of money that I have lost by the capture of the ship called The Hope of Leith

In the first place, paid out for reprieving the ship at the prize office and admiralty office at London, as per particular receipts thereof, 080-00-00

The hire of the said ship to Salé, as per charter party, was to have been 2,800 guilders, at 25s per guilder, is in sterling money, 291-13-04

Paid for repairing the ship at Berwick, as per a particular account and receipt, 250-00-00

Extending in all to 621-13-04

Resting to me of arrears by the public in Scotland, as per a particular account, 331-04-07

In sterling money, amounting in total to 952-17-11

As the said petition and account subjoined thereto bears.

²Edinburgh, 13 March 1707

Her majesty's high commissioner and the estates of parliament, having considered this petition, declare the petitioner's arrears to be a public debt, and recommend him for payment of his damages therein stated to her majesty's justice and bounty in such manner as she in her royal wisdom shall think fit.

[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament