Act, 6 October 1697, Edinburgh

Att Edinburgh the fifth day of May J^aj vi^c nyntie seven years

A1697/5/8

A1697/5/8¹

Act

Act The Tacksemen of the Customes against the toune of Edinburgh

Anent the petitione given to the Lords of his Majesties privy Councill By the Tacksemen of his majesties Forraign Customes and excyse Sheuing That wher the burghs royall of this Kingdome doe acclaime a priviledge that Strangers Coming to their burghs or free ports are obleidged to make offer of any Goods they bring for merchandize first to the burgh which if the burgh refuse Then it is Conceaved that the offerers whither a stranger of this Kingdome or a forraigner is noe farder obleidged then the laues and acts of parliament obleidge him Viz to make sale of his goods only to free men of the burgh to which they were offered and att noe Louer rate then the offer uas made all which the petitioners doe acquiesce to and are very farr from quarrelling the priviledge all which the petitioners doe acquiesce to and are very farr from quarrelling the priviledge² of the burghs royal either granted by Acts of parliament or Generall Conventions of the saids burghs aggreable to the Laues of the Land But the petitioners being Informed of Late that upon the arryvall of shipps uith straingers Goods to some of the saids burghs or their free ports And upon offer made by the saids strangers to the Burghs They upon the burghs refusall have been alloued to make sale of their goods not only uith the said Laufull Conditions of selling to free men and not under the rate offered But with this unuarrantable Condition that they should only sell in haullsale which some burgesses of the saids free burroues misted by their oune Interest doe Interpret in a very arbitrary manner Viz that the said Strangers should sell aither the whole Cargoe to one man or Company or at Leist if the Cargoe belong to severall ouners that it can be sold noe otheruayes then by every ouner selling his Intire Interest to one man or Company which the petitioners humbly Conceave Is uithout all Ground or reasone And may Evidently prove a hinderance to the trade of all Strangers tho even of their oun Natione and must tend to the Great prejudice of his Majesties Customes By forcing them In a manner to Carry auay the saids goods out of the Kingdome into forraigne parts wher noe such restraint is in use wheras on the other hand It is Clear and obvious That not to sell save in haill sale hath noe other meaning But not to sell by retaill or in Lesser quantaties then the peices Binds or Casks wherin the Goods are brought home And seing that this hath been the knouen practice as to Goods brought home in partes which have aluayes been alloued after offer to be sold in stacks pieces or parcells uncutt And that it Belongs to the Lords of privie Councill to declare the true meaning of what is haill sale or what not as being of Generall Concerne and greatly to the Interest of his Majesties Customes And therfore Humblie Craving their Lordships In Consideration of the premisses to declare that the Meaning to sell in haill sale is not to sell by retaile That is that forraign Goods of whatsoever sort dry or Liquid may be sold in the peices or Casks wherin they are brought home as haill sale And that it is only Retaill when the said peices or Casks are broke and sold in Lesser quantities And that when this rule is observed uith the other Legall Conditions above acknouledged Strangers whither of this Nation or Forraigners may after due offer made to the burgh wher the goods happen to arryve freely sell uithout Lett or Impediment or at Leist that their Lordships would Give their determination in the premisses restricted to the said ship and Cargoe of Canary now Lying in the road of Leith and that hath been offered to the burgh of Edinburgh as the said petition Bears The saids Lords of his Majesties privie Councill Having Considered this petitione given in to them By the saids tacksemen of the forraign Customes and excyse with the ansuers made therto for the toune of Edinburgh And the Lord Advocat for his Majesties Interest And the toune of Edinburgh and their Lauyers Viz Sir Patrick Home and Mr Hugh Dalrymple advocats Being fullie heard And the provost Baillies and dean of Gild having appeared personallie And the saids Lords Having Considered the Charter produced for the toune of Edinburgh uith the haill debate In this affair They Find that the ouners of the Cargoe of Canary brought home by Glasgou men in the Ship lying in the road of Leith Called to Adventure of Glasgou Having been offered to the magistrats of Edinburgh and by them being alloued to be sold in haill sale at a Certain pryce per Butt or pype to Burgesses freemen of Edinburgh The saids Lords of his Majesties privy Councill Finds that selling in the Binds and Casks wherin the Canary came home uithout breaking or altering the same Is to sell in haill sale And therfore alloues the ouners of the said Canary to sell the same to merchants and burgesses freemen of Edinburgh according to that rule and not under the pryce For which the Canary uas offered to be sold for the toune of Edinburgh.