Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the twentie eight day of Jwlly J^aj vi^c nyntie six yeirs

D1696/7/33

D1696/7/33¹

Act

Act Kerr of Chatto

Anent the petitione given in to the Lords of his Majesties privie Counsell be William Kerr of Chatto and Robert Cranstowne his factor Shewing That wher the petitioner haveing right by progress from the Earle of Roxburgh to a small corne cwstome payable in the mercat of Kelso by swch as imports cornes for sale ther wherby the petitioner his authors and predicessors have bein in unmemoriall possessions therof untill Friday Last that Some Englishmen imported Some victwall ther for sale in the weekly mercat who not only refwsed to pay the said small cwstome but by violence repulsed those who were in use to collect the Same and twmultwowsly caried away ther cornes out of the mercat And the petitioner finding that if the exercise of his priviledges Should be interrupted he may therby Lose the possessione of his right of uplifting the saids customes in tyme comeing And on the other hand considering ther Lordships proclamationes for giveing ane ease of his majesties dweties in this tyme of necessitie the petitioner was wnwilling to wse any violence in mentaineing of his said possession knowing that upon applicatione ther Lordships will in ther wisedomes find some remeid both for mentaining of the petitioners possession And for mitigateing the exactione tho it be but Small for the encouragement of Strangers in this present tyme of necessitie without prejudice of the petitioners right for all tyme comeing And therfore humbly craveing that ther Lordships would recomend to Sir William Kerr baillie of Kelso to treat with the saids English men for paying of Such Dwes out of the cornes imported by them to the mercat as Sir William and they can agrie for present or other wayes to determine what abatement Should be given off the ordinary cwstome untill the first of October next Declaireing that it shall be but prejudice of the rest of the Leidges to pay ther respective Dweties And that it Shall be but prejudice to the petitioner to requyre the whole accustomed Dueties in tyme comeing when the Land Shall be blessed with the injoyment of greater plentie As the said petitione hears Which petitione being this day read and considered be the saids Lords of his Majesties privie Cownsell they doe heirby declare that whatever forbeareance in exacting of the ordinary cwstomes and dweties of victwall is now made in the mercat of Kelso in the present Straite the same shall be no prejudice to any right which the petitioner hes to the ordinarie customes of the mercat of Kelso efter the first day of October next to come