Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh the Eleventh day of January One thousand and seven hunred

D1700/1/8

D1700/1/8¹

Act

Act Gerard Hither Dutch skiper

Anent a Petition given in to the Lords of his Majesties privy Councill be Gerrid Hidder master of a Dutch ship Shewing That wher the petitioner being upon ane voage Loaden from Riga belonging to the King of Swedden To the port of Rashfoord in France And in the said voyage haveing mett with great Stormes and Contrair winds which occasioned the petitioners ship to become verie Leikie and to take in Much watter and for safity of the petitioner and Company and Ship and goods The Harbour of Leith being the nearest port which the petitioner could saile with wind as it blew, The petitioner came ther with his Ship for repairing of her, And the samen being done, and the petitioner reedy to saile for Rochfoord the port to which the petitioner was frauchted He was Stopped at Leith by the Collector of the Tunnage untill he payed the Tunnage to him for his said Shipp Conforme to the act of parliament And the act of parliament being only appointed For shipps tradeing to Scotland, Bot nowayes for any ship put into any harbour in the said kingdome upon the accompt forsaid, For it Cannot be Imadgined that this would be the meaning of the act of parliament that such Ships as the petitioners Should be Lyable to Tunnage, Considering that by the Lawes and Customes of all nations That in Such cases all Such Skippers are friendly and kyndlie intertained without exacting any such dues yea be the Lawes and Customes of Nationes any Such Skipper comeing into a port for repairing of his shipp as said is, And if he have not any accquantance or Credit at that port to gett money upon Bottomrie, He may very warrantably break Bulk, and sell as much of the loadening as will repair and fitt out his Shipp, and be the Law and Custome of Nations The said Skipper albeit he break bulk is only oblidged to pay the dutie for the saids goods sold for the use forsaid, and not for the whole Loading as used in Shipps of ordinary treading to this or any other kingdome or Commonwealth And Therfore Humbly Craveing the saids Lords would be pleased To discharge the said Collector of the Tunnadge to Stope the petitioner from Sailing from the port of Leith and to discharge him to exact any Tunnage from the petitioner and that conforme to the Lawes and Customes of all nationes as the said ptitione bears The Lords of his Majesties Privy Councill Haveing heard this petitione given in to them be the above Gerrid Hidder Read in their presence, They hereby Remitt to Sir James Stewart his Majesties advocat to speak with the Collector of the Tunnage and appoints the said Collector to attend his Lordship or the maccers of Councill to bring him before his Lordship and to try at him if the said petitioner has broken bulk for any other Cause then for what was necessary for repairatione of his shipp and Mantinance of himself and Company, And if his Lordship find that he has brocken bulk upon no other accompt Gives power and authority to the said Lord advocat To grant warrand to the petitioner to saile from Scotland to his designed port and without and free of payment of any Tunnage.