Warrant, 21 December 1699, Edinburgh

Att Edinburgh the Fourteinth day of September J^aj vi^c Nynty Nyne

D1699/9/5

D1699/9/5¹

Act

Act Captain Thomas Hay Merchant

Anent the petition given in to the Lords of his Majesties privy Councill be Thomas Hay Captain in Collonell Buchans regiment Shewing That the petitioner haveing spent a good part of his fortune in his Majesties service at home and abroad, after the disbanding of the Regiment the petitioner did goe for London in order to gett some of the petitioners arreirs due to the petitioner ther; and haveing received a part therof, The petitioner bought their some peices of Cloath therwith which were Shipped for Scotland prior to the proclamation prohibiting the Import of Foraigne Cloaths, as an obedience hereof the petitioner doe produce the merchants notes from whom they were bought on the sixth and nynth dayes of May J^aj vi^c nyntie nyne As also ane order from Patrick Baptie Skipper to John Spence his mate fore receiveing them on board on the twenty of May J^aj vi^c nyntie Nyne with Patrick Bapties Letters to the petitioners wife telling her that it was his mates fault when he was himself a shoar that the watter men were sent back with the goods dated at Leith the Threttie of May J^aj vi^c nyntie nyne Therupon the petitioner Loaded them aboard in James Lawes ship and the petitioner produced the bills of Loadning dated the threteen of June J^aj vi^c nyntie nyne wheras the proclamatione did not Superveen till the twentie thrid of the said moneth, as this was invincible Ignorance of the petitioner, So that the petitioner was informed that the saids Lords hade found that the Other Cloaths in that Shipp were not Seizure, and therfore have ordained them to bee delyvered to the owners for exportation upon Caution to be found by them for that effect The petitioner was absent at the time of this application and the goods were seazed by the Tacksmen and their Collector at Leith And Therfore humbly Supplicating the said Lords to the effect aftermentioned as the petition bears The saids Lords of his Majesties privy Councill Haveing Considered the above petition They Declare the goods mentioned in the petition to be Lyable to no Seizure, And discharges the Tacksmen Collectors and other officers in the Customehouse under them to seaze upon the same and allowes the petitioner to whom they belong to export or transmitt these goods to any port harbour or place furth of this kingdome In Respect the petitioner before extracting hereof hath Compeared before George Home of Kello present Lord provest of Edinburgh and one of his majesties privy Councill and made Inventar and given his Oath that the goods Imported by him are as followes Viz Fyve pieces of Cloath Containeing ane hundred and two yeards and thrie quarters Cloath, And ane piece of Drugget Containeing threttie Eight yeards In all ane hundred Fourtie yeards and thrie quarters and hath given bond and found Cautione acted in maner forsaid that he shall export the saids goods betwixt and the first day of January one thousand and seven hundred years under the paine of the value of the saids goods belonging to the petitioner And discharges any part of the saids goods to be taken out of the Toune of Leith And Ordaines them to lye in the custome house ther till they be transported furth of the kingdome as said is.