Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the Eight day of Apprile J^aj vi^c nyntie six yeirs

D1696/4/9

D1696/4/9¹

Act

Act Maxwell of Burnbrae and Comissioners of Aberdeen Shyre

Anent the petitione given in to the Lords of his majesties privie Counsell be Robert Martine of Burnebrae Subtackseman of the additionall excyse of their pennies on the pint imposed by act of parliament J^aj vi^c nyntie thrie within the Shyre and towne of Aberdeen Shewing That wher the petitioner haveing ingadged himself as Subtackseman of the said additionall excyse within the towne and Shyre of Aberdeen for payment of the Soume of Fourtie one Thowsand five Hundereth twentie eight pund Scotts money for twentie thrie moneths Space And that he entered into the said tack upon the faith of the third act fourth Sessione of this current present parliament wherby the said additionall excyse at the rate of thrie pennies on the pint therby imposed was by all Judiciows men at the tyme of the imposeing therof Judged to be nothing Short of two merks upon the boll and that experience in exacting the Samen over all other places in the kingdome hes confirmed the same so that by the Later act twentie eight Sessione fourth of this current parliament Suppressing the annexed excyse at two merks per boll The Saids thrie pennies on the pynt was estaiblished and annexed to the croune as a Suteable recompense for the said two merks per boll The exacting at that rate by the liqwor amounting manifestly to more then the old two merks per boll Did aryse to And also upon assureance that the comissioners of excyse as publict ministers in the governement would allow all collectors and tacksemen the benefite of the method prescribed by the Law imposeing the Said additionall excyse in referance to the maner of exacting and uplifting the Samen As is mentioned in the act fourtein J^aj vi^c Sixtie one by Disproveing of entries to be made by the brewers and fyneing them to Double the valwe of the malt concealled and not entered and in caice of contumacy in not makeing entries at all in allowing the tacksemen claimes against them conforme to the constant practicq of the natione and the saids Lords proclamatione to that purpose in December J^aj vi^c nyntie thrie Wherby the petitioner was induced to enter into a Subtack of the said excyse upon termes als reasoneable as other Subtacksemen in the kingdome Yet nevertheles among the other discouragements the petitioner hes mett with in makeing the said excyse effectuall It hes So fallen out that by the illegall courses taken by and male administratione of the Commissioners of excyse in the Said Shyre of Aberdeen who are of the governments nomination that the said Robert Martine hes not only fallen Short of Four Thousand thrie Hundereth punds Scotts of tack duety by and attour his expensses (which were exceedingly increased by the brewers contumacie occasioned through the Commissioners oppositione to him) But also of what modest profite he might have expected, And of the which male administratione the petitioner humbly offers the following Steps to the Saids Lords consideratione primo That the saids Commissioners Did upon the twentie Sixth day of Jullie J^aj vi^c nyntie thrie by a printed act of ther Sederwnt take upon them in Direct termes to invert the said act of parlaiment imposeing the thrie pennies of additionall exoyse upon the liqwor in so far as they most wnwarrantably Declaire the meaneing of the act of parliament anent the exacting by the liqwor to have bein that the said additionall excyse Should be exacted with respect to the grain at the rate of a fourth pairt Short of two merks per boll as is the meaneing of the act of parliament anent exacting thrie pennies of the pynt had bein but thrie fourth pairts of two merks Should be exacted but for the boll at which rate the petitioner was most wnjustly cutt of from no Less then a full² fourth pairt of the said whole additionall excyse which was in re veritate and is now by act of parliament establishing the Same in place of the two merks per boll found everie way Suteable and proportionable to the said two merks so that the Commissioners Did illegallie in takeing on them to putt Such a misinterpretatione on the Law to the petitioner and the governments Damnadge as afoirsaid Secundo albeit the Commissioners by the said act of sederunt Seemed to remitt the foirsaid mater anent the meaneing of the said act of parliament to the privie Counsells consideratione yet they have never to this houre made applicatione to the saids Lords for ane interpretatione of the said act wherthrough Dureing this dependance the brewers were imboldened to treate the petitioner as they pleased But all this was exactly callcullat to favoure one George Mckeinzie the tacksman of the old annexed excyse who alone had the brewers under tack while the petitioner was yet but entering upon his office as a tackseman of the additionall excyse and as ane evidence therof he the Said tacksman of the annexed excyse Does upon the foot of the commissioners said printed act print Likewayes a most false and illegall advertisement to all the brewers Mentioneing that the petitioner was goeing about to oppress them by proposeing the exactione of the additionall excyse conforme to the Liqwore or malt at his pleasure whill the commissioners of the Shyre Did give ther opinion that the meaneing of the Law was to exact the Same at the rate of twentie Shilling on the boll only And therfor advertiseing the brewers not to be imposed upon in paying the additionall excyse conforme to the liquor and that they Should not So much as give up entries or accompts of ther brewing to the petitioner otherwise then according to ther knouledge assureing them that if the petitionre proceeded by Legall dilligence against the saids brewers without express orders from the saids commissioners efter examinatione of maters The Commissioners would pwnish him as ane oppressor and both which acts viz The Commissioners act of sedeunt and tacksman of the annexed excyse his said advertisement haveing bein printed and published in all the paroch churches of the Shyre efter Sermon Did so far annimat the brewers against the petitioner that they became utterly contumacious in everie point Tertio the petitioner haveing applyed and attended in the moneth of September the said yeir at the places appointed in each presbetrie for the brewers to come and give up ther entries and upon ther faillieing so to doe efter due intimatione the petitioner had therby a Jus qwasitum and ane undoubted right to all the certificationes the Law and constant customes alloued against contumacious brewers for the act imposeing the additionall excyse alloues of all the methods and compullsitors formerly appointed for makeing the excyse effectuall Nevertheles the saids Commissioners at ther next meeting in october therefter by by³ ther other act did at ther own hand discharge all nonentries whatsomever and penalties incurred therthrow be the brewers as will appear by the acts of ther sederunt wherby takeing away the certificatione of the Law without the benefite wherof was not possible for the petitioner (nor ever shall be for any tackseman) to make the excyse effectuall which Doe So much the furder encouradge the saids brewars in ther obstinacie that near five moneths tyme elapsed befor the petitioner could recover So much as one Sixpense of the said additionall excyse And against which act some of the Commissioners ther own number Did enter ther protestationes as illegall and wnwarrantable Throw all which Stepps of the Commissioners ther proceedings the petitioners Damnadge and Loss as afoirsaid is nothing less then Eight Thowsand punds Scotts as appeared by the accompts therwith given in of the Least farthing he intrometted with upon wttmost Dilligence And wheranent the petitioner is content to subject himself to the most narrow and exact tryell of the saids Commissioners themselvs or any other the saids Lords Should appoint And altho ther be as yet severall Deficients amongest the brewers yet nevertheles through the discouradgement the petitioner hes mett with it will be wtterly impossible for him to recover payment therof without the concurse of authoritie And Seing from what is above said it is evident that this callamitie hes happened to the petitioner by publict ministers in the governement and is a palpable vis major upon the petitioner And considering that the saids Lords are in wse upon emergencies of Such occasiones of Loss to take the damnified caice of the Skaithed tacksmen into ther consideratione and appoint Such methods for ther ease as the merits of the cause requyres And ther haveing few caices hapned wherin the tacksemens conditione pleades more favoure then this And therfor Humbly craving the saids Lords would be pleased to take tryell anent the petitioners intromissiones And that by remitting his accompts therwith given in to the very Comissioners of the Shyres themselvs to be examined by them and reported against a certaine day or by what other maner of way the saids Lords thought fitt That the petitioners great Skaith and Damnadge being liqwidat and knowen the saids Lords might allow him and ease proportionable therto And in the meane tyme sist executione against the petitioner upon his paying in to the tacksemen what neat money he⁴ hes receaved upon accompt of the said additionall excyse And that ay and while the report anent the petitioners accompts his Loss appeared as said is And sicklyke that the saids Lords would be pleased to appoint a collector for inbringing the Deficiencie of the said additionall excyse that yet stands owt with a recomendatione to the Commissioners of the Shyre to be more assisting to him then they have bein to the petitioner As the said petitione bears Which petitione being upon the threttein day of Febrwary Last read in presence of the saids Lords They allowed the Commissioners of Supplie within the Shyre of Aberdeen to Sir and ansuer the Same And in the meane tyme Sisted executione at the tacksemens instance against the petitioner untill the said petitione and ansuers to be made therto Should be advised and interloquitor pronunced be the saids Lords therupon And the Commissioners of the said Shyre of Aberdeen haveing given in a representatione to the saids Lords of privie Councell by way of ansuer to Burnebraes petitione Which representatione and Burnebraes petitione being upon the threttie one day of March Last red in presence of the saids Lords They appointed a comittie of ther own number to consider the Same and the petitione given in the Boyll of Kellburnd and James Forbes and haill other papers relateing to this mater Which comittie haveing accordingly mett gave in ther report to the saids Lords of privie Counsell And the saids Lords haveing this day heard the Comitties report with a petitione for The Comissioners of Aberdeen Shyre against the said report They befor adviseing of Burnebraes report And before they give ansuer to the Commissioners petition Doe heirby assigne the fourth day of June next to come to the saids commissioners to instruct how much of the said additionall excyse is uplifted be the said Robert Martine and how much of the Same is resting in the brewers hands and to produce the accompts this stated to their Lordships at the day foirsaid and assignes that same day to Burnebrae to liqwidat instruct and prove the damnadges he hes Sustained upon the accompts and occasions mentioned in his complaint And grants dilligence hinc inde for that effect both against wittnesses and havers of wrytes and in the mean tyme alloues the saids Commissioners to collect what is resting of the said excyse in the brewers hands and alloues And ordaines the saids Commissioners to meet als often as Shall be needfull for the ends foirsaids And reserves to the saids commissioners all ther Laufull defences or alleadgeances in this mater to be proponed and insisted befor The Councell upon the said fourth day of June next to come⁵