Decreet, 29 December 1698, Edinburgh

Att Edinburgh the third of March J^aj vi^c nyntie eight post meridiem

D1698/3/12

D1698/3/12¹

Act

Act In favors of the brewers of Edinburgh

Anent the petitione given in to the Lords of his majesties privie Cownsell be The brewars within the towne of Edinburgh and Liberties therof and other neighboureing brewers Shewing That wheras By the act of parliament J^aj vi^c nyntie six for the present additionall excyse It is Staitute that dureing the concurring of this excyse with the annexed excyse the Louest price of ale or Drinking bear to be in all burghs wher the burgh hath a particular impositione on malt or liqwors twentie eight pennies per pint viz from the first of March instant to the first of March J^aj vi^c nyntie nyn to be payed by the ² Bwyer to the vintner or topster and in all other places both to burgh and to Landward the price to be two Shilling for the pint dureing the space foirsaid and to be payed as said is with certificatione that the vintner or topster transgressing by selling wnder the saids raites Shall be fyned by the Commissioners of excyse in the Somme of ten pund Scotts at the instance of any other brewer or complainer toties qwoties And furder be aither putt wnder Sufficient Suretie or dischairged to brew in tyme comeing Lykeas by the said act ther Lordships are awthorized and impowered to prescribe such other methods and orders as they shall Judge necessarie for the better uplifting and inbringing of the said excyse The petitioners Doe humbly crave Leave to represent that the excyse being by the act of parliament Laid upon the brewars and the price of ale payed to the vintner only raised by the foirsaid provisione It is Just and reasoneable that the brewars Should be alloued to raise the price proportionallie Seing otherwise the vintners Should reap the benefite and the brewers only bear the burden Secundo that if the neighboureing ³ vintners in the Abbay yeard Heades of Leith and other adjacent places Should take upon them to Sell ther aill at a Lower rate they being So neare and contigwows to the petitioners the Same will not only prove contrairie to the eqwalitie designed by the act of parliament But visibly tend to the petitioners enorme prejudice upon which considerationes ther Lordships as to these two articles did by ther proclamatione the Sixt of Augwst J^aj vi^c nyntie five yeirs in the very parrallell caice not only allowed the petitioners to raise the price of all ale to be vented within the burgh of Edinburgh Suburbs and Liberties therof and yeard heads of Leith proportionallie as the vintners are allowed to raise the Same ut Supra Dischairgeing the neighboureing vintners whither the Abbay yeard heads of Leith Caltoune and other adjacent places to Sell ther ale at a Lower rate then the price to the petitioners appointed under the Same certificatione ordained as to vintners within burgh But Tertio the petitioners must furder with all Submissioen represent to ther Lordships that Considering the present Staite of brewing and what distress and callamitie hes come upon brewars generallie these Late yeirs The foirsaid qwota of twentie eight pennies per pint for the vintner and topster and proportionallie for the brewas appears to be below what is reqwisite for makeing this present excyse of six pennies per pint effectwall and furthcomeing within the burgh of Edinburgh and other burghs who have a particullar impositione for themselvs as above wherby they humbly receave it necessarie that ther Lordships Doe furder consider the foirsaid price and make such ane additione to it as may best condwce for the makeing effectwall and the better uplifting and inbringing of the said excyse Conforme to the power given to ther Lordships in generall by the acts of parliament for the excyse And specially Seing that what ther Lordships are to appoint is only to State the minimum in order to a Just eqwalitie And therfore humbly craveing ther Lordships in consideratioen of the premisses first to consider the aforsaid rate appointed by the act of parliament as the minimwm in the caise afoirsaid and to ordaine Such additione therto as ther Lordships shall sie cause And in the next place to ordaine the foirsaid proclamatione formerly emitted and when adopted to the present case to be renwed in the termes therof and as may best agrie to the present exigence As the said petitione bears Which petitione being this day read in presence of the saids Lords of his majesties privie Counsell and the saids Lords haveing considered the said petitione with the former act mentioned therin in favoures of the brewars dated the sixth of August J^aj vi^c nyntie five yeirs The Saids Lords doe heirby ordaine and allow the petitioners to raise the price of all ale to eb vented and sold within the burgh of Edinburgh Suburbs and Liberties therof and yeard heads of Leith proportionallie as the vintners are allowed to raise the samen And dischairges the neighboureing vintners within the Abbay yeard heads of Leith Coldtowne and other adjacent places to the petitioners to sell ther ale at a Lower rate then the price appointed to the petitioners with and under the Same certificatione and penaltie appointed to vintners within burgh And appoints thir presents to be printed and published at the mercat cross of Edinburgh and other places neidfull