Act, 28 December 1703, Edinburgh

Holyroodhous the 27th September 1703

D1703/9/20

D1703/9/20¹

Act

Act In favours of Duruk Horselop and Stephen Hulst

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By Duruk Horselop, Master of the shipe Called the state house off Berghem and Stephen Hulst Master of the St Peiter off Berghem Shewing That wher the petitioners upon the faith of the Commone custome off Nationes which allowes For the necessity off all people in War That the Shipes of Newtrall Countries may be imployed for carrying on the Trade off princes and states Engaged in War Haveing Come in here loadned with seaverall Commodites particularly the product of the Countries to which we belong and particularly the product off the other Countries The petitioners wer to their very greet surprize quarrled by the Judge Admiral on pretence of the act of Navigation in Anno 1663, And are therby threatned with processes and Confiscatione And under the present inconveniency off being detained which to trading men as they are can scarcly be repaired or valued For these reasones they are necessitat humbly to apply to their Lordships To take off the restraint put upon the petitioners ships as being that which most immediately Concernes the privie Councill Being a Matter which touches the Correspondence betuixt the petitioners Masters and this Kingdome Wherin the subjects off the Kingdome off Denmark Have allwayes been very tender and The petitioners in particular Have had the opportunity to Doe seaverall servicesses to Merchants off Scotland By covering ther effects and receaveing them From privateers in their oun Country As can be attested by persones beyond Exception in this place The petitioners Desire will appear the more reasonable when the forsaid Act off Navigation is Considered Which is declaired to commence from a day blank to this hour nor was it ever put in practise one the conterary it was found in Desuetude By a Decreit of Exchequer in Fero in a Caice Betuixt Baillie Charters and the Master of the English ship Nor was the designe of the Act to regulat Commerce in tyme off war Soe that it wer the hardest thing in the world That the petitioners, strangers, should be overtaken and Imbarassed in our trade acting according to the common Custome off Nationes in tyme off war and as the petitioners themselves and other Danish ships ussed to trade Dureing the Last war without any molestatione or trouble Nor Does the Act of Navigation seem clear the second clause in the Act alloweing importation in forraigne botoms upon payment off the Double duety and after all the Admiralls attachment is founded in noe Law nor Act And Thairfor Humbly beeseeching His Grace and Lordships in consideration off the premisses To allow the petitioners To peruse their Laufull Employments And to Dischairge the Admirall to molest the petitioners As the said petition Bears His Grace Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing Considered the above petition given into them By Duruck Horselope master of the shipe called the stadshouse of Berghem and Severene Hulst Master of the Saint Peter of Berghem And the samen Being read in their presence His Grace and the saids Lords Doe heirby Recomend To the Earle of Glasgow Lord Theasaurer Deput, Lords President of Session, Register and Advocat To speak with the within mentioned areistery annent the mater therin represented And to see that the Saids Shipps be cleared by them.