Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the twenty sixth Day of November J^aj vi^c nyntie six yeirs

D1696/11/11

D1696/11/11¹

Act

Act John Mitchellson and James Hair

Anent the petitione given in to the Lords of his majesties privie Counsell be Mr John Mitchellsone and James Hair merchands in Drumfreise Shewing that wher the petitioners at the instigatione of Mr William Veitch minister haveing conforme to ther Lordships proclamatione anent importing of Victwall for the releiffe of the poor in towne and Countrie Sent money with ane Comissione to ane freind in England to frawght ane Small vessell and Load her with meall for that purpose which being accordingly Done She Sett Saill from her port in England upon the Sixth of September Last in order to the plyeing of her voyadge for the port of Drumfreise and would have reached the Same in five or Six dayes if the weather had proven fair But the Seasone of the weather turneing So Stormie and tempestwows that She was Dangerouselie tossed too and fro, on sea for severall Dayes togither And atlast was miracwlowselie blowen in to the foirsaid part of Dumfreise upon Saturday being the third of October instant with the Loss of more then the half of her keill and her Loadening greatlie damnified Wherthrough the petitioners hes Sustained great Loss and Dammadge In consideratione wherof Its hoped ther Lordships will allow them the benefite of the foirsaid proclamatione Seing they had nothing more befor ther eyes then the releiffe of the poor in that place of the Countrie And therfore humblie craveing ther Lordships to take the premisses to ther Sereows consideratione And to nominat or appoint the Shirreff of the Shyre or magistrats of the burgh of Drumfreise to take tryell anent the veritie of the premisses And it being found that the forsaid veshell Sett Saill with her cargo of victwall twentie five dayes befor the expyreatione of the dayes contained in ther Lordships proclamatione and would have reached the said port of Dumfreise in five or six dayes if She had not bein retarded by Stress of weather as said is to ordaine the collectors of his majesties cwsstomes to pay in to them the allowance appointed by the foirsaid proclamatione As the said petitione at more lenth bears which petitione being red in presence of the saids Lords of privie Cownsell and the Same being atlength considered by them They by ther interloquitor therupon of the Date the threttein day of october Last bypast Recomended to his Grace The Dwke of Qweensberry and in his absence appoints Mr David Dowglass advocat his Graces depute of the Shyre of Drumfreise to take tryall anent the Sailling of the above Shipp her Loadning and voyadge and anent her arriveall and the conditione of the Said Ship and her Loadning in her voyadge and at her arryvall and to report the Same to the privie Cownsell with ther convenience with what qwantitie of victwall is aboard the Said Shipp And the petitioners haveing extracted ane act upon the foirsaid petitione and interloquitor following theron They returned the said Mr David Dowglas his report of the Same containeing the depositiones of Severall persones with a coppie of the Shipps cocket under the Subscriptione of Robert Noble clerk to the custome office And also and extract of the entrie made by the Said James Hair under the hand of James Mulliekin Swrveyer at Dumfreise And the Saids Lords of his majesties privie Counsell haveing this day considered the foirsaid report and wrytes prodwced therwith They heirby ordaine the collector of his majesties customes to pay in to the saids Mr John Mitchellsone and James Hair petitioners the allowance appointed by the proclamatione of Counsell anent the importing of Victwall and grants them the benefite of the foirsaid proclamatione