Act, 6 October 1697, Edinburgh

Att Edinburgh the twentie Seventh of Jully J^aj vi^c nyntie seven yeirs

D1697/7/23

D1697/7/23¹

Act

Act Patrick Johnstowne and others anent victwall

Anent the petitione given in to the Lords of his majesties privie Counsell be Patrick Johnstowne Late baillie in Edinburgh Alexander Campbell Alexander Clerk and Alexander Mcgill merchants in Edinburgh David Waike and Ralph Spwrrie English men Shewing That by ther Lordships proclamatione published the twentie of Jwllie instant all victwall to be imported is declaired to be lyable to cwstome and other dweties as befor the proclamatione published upon the sixth of August J^aj vi^c nyntie six And the collectors of his majesties Customes are appointed to collect and compt for the same accordinglie wherthrowgh the petitioners being heaviely prejudged humbly beg Libertie to lay before ther Lordships the reasones following why the particular qwantities of victwall belonging to them cannot be lyable to pay Custome viz primo In caises of the like nature formerlie when victwall was discharged to be imported or burdened if imported ther Lordships were allwayes for tender of the prejudice merchands might suffer that upon ther giveing oath that they had Commissioned and Loadned the victwall before the publishing of swch proclamationes or orders they were allwayes allowed to import the Same frie of the burden of the saids orders And here the petitioners caice is much more Jwst and favourable wher they are content to make faith to need beis to prove by wittnesses or other docwments beyond exceptione that pairt of the victwall belonging to to them the saids Patrick Johnstowne Alexander Campbell Alexander Clerk David Waike and Ralph Spurrie did arrive at Haymowth before the twelve or fourtein of Jwllie instant and a great pairt of them arrived Since at Leith two Dayes efter the proclamatione And the rest at Holy Island detained by contrairie minds Since that tyme And that the victwall belonging to the said Alexander Mcgill was pairtly lying upon the road of Leith in a Ship Long agoe reported and a Sufferance given for Livereing And wherof above thrie Hundereth bolls was Livered accordinglie and the rest of his victwall is at Haymouth and Holy Island Detained in maner foirsaid And it were the hardest thing imaginable to make the petitioners lyable for custome who have bowght Loadned imported and pairtlie Livered that Victwall directlie upon the prospected being frie of Custome And yet upon Such a Surprize to cause exact it from them which in effect is to take als much money out of ther pocket And Its hoped ther Lordships will be farr from Such a measure of rigoure towards them Secundo It was never contraverted but wher any vessells towcht at any port Creek or Harbour within this kingdome with ane intentione to Liber And much more out of doubt wher they had broken bwlk and Livered any pairt of ther Cargo but these goods were reputed alreadie imported So that in this caise even in the rigoure of the proclamatione All Victwall in that conditione must be frie of Dwetie as being alreadie imported And it were a verie great hardshipe to make the petitioner Suffer for contrairie winds And to be lyable for the burden of custome upon accompt And for causes they could nowayes prevent And therfor humblie craveing ther Lordships to discharge the collectors and others imployed in collecting his majesties customes to Levy and exact any Custome or other duety from the petitioners for the victwall belonging to them And lying aither in the Road of Leith or lying at Haymouth and Holy Island befor the said proclamatione And to appoint any of ther Lordships number or his majesties collectors or magistrat in the place to take ther oathes or receave such other Sufficient probatione As may cleare the qwantitie of the foirsaid victwall and wher it lyes and when it arrived ther to the effect the petitioners by ther Lordships goodnes may be saved from so heavie prejudice as will farr exceed what ever benefite they could have made by importing the foirsaid victwall upon the faith and incouradgement given by the government As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione They doe heirby declaire that all and any victwall imported into this kingdome by any of the petitioners And which was within any of the rivers harboures Creiks or ports of this kingdome And shall be legallie instrwcted to have bein within the same upon or befor the twentie one day of Jullie instant which is the date of the proclamatione recalling former acts and proclamationes of Counsell takeing off his majesties dweties imposed upon victwall imported within this Kingdome Is frie from payment of any Custome or other dwetie for the victwall for imported and discharges the collectors and others imployed in collecting his majesties Customes to Levy and exact any custome or other dwetie for the victwall belonging to the petitioners soe imported And being within the harboures rivers Creiks or ports of this kingdome upon or before the said twentie ane day of Jwllie instant