Act, 12 March 1705, Edinburgh

Att Holyrudehouse the second day of October J^aj vij^c and fyve yeirs

A1705/10/2

A1705/10/2¹

Commission by the Council

Commission In Favours of Collonell Ogilvie and others

Commission in favours of Collonell Patrick Ogilvie of Cairnes, Sir John Shaw of Greenock, and Sir Archbald Campbell of Clunies for hindering the Importation of Irish victuall, horses, meares, Cheese and butter and other prohibite goods, being read the Samen was voted, approven and Signed and appoynted to be recorded; And his Grace her Majesties high Commissioner, and Lords of her Majesties privie Councell Recommended to the Committie formerly appoynted to prepare the Samen, to adjust the bond to be granted by the persons therin commissionat, And wpon the bonds being adjusted, Appoynts the² Commission to be given out, And that the bond obleidge the persons Commissionat forsaid to report ther dilligence to the privie Councell once every halfe year.
Anne by the Grace of God Queen of Great Brittaine; France and Irland defender of the faith To all and Sundrie our Leidges and others whom it effeirs, Greeting, Forasmuchas the Importation of Irish victuall, Beefe, horse and Cattell, and Sicklyke the Importation of Silk or woollen Manufacturie And of all manufacture wherin ther is Silk, hair, or Cottoun, into this kingdome, Is discharged with the exceptions and wnder the penalties mentioned in the Severall Acts of parliament theranent, And particularly by the third act, third Session, Second parliament King Charles the Second In anno J^aj vi^c Sevintie two, Intituled Act discharging the Importation of Irish victuall; And also by the fourteinth act against the Importing Irish victuall or Cattell, And by the nynth act of this Current parliament In anno J^aj vij^c and three, Intituled act dischargeing the Importation of Irish victuall beeff or Cattell, And by the eight act of King Williams parliament in anno J^aj vij^c and one Intituled Act discharging the Importing and wearing of forraigne woollen manufacture, And by the twelfth Act of the said parliament J^aj vij^c and one Intituled act prohibiteing the Importing of Silk Stuffs and others And Sicklyke by the […] act of the last Session of this Current parliament, Intituled Act discharging the Importation of all English, Irish or forraigne butter and Cheese; And wee being resolved that the forsaid good Laws be putt to due and vigorous execution for the encouragment of trade, Manufactory and Industrie within this our antient Kingdome; And considering the best and fittest way for making the saids acts of parliament effectuall, to be the Commissionating Some persons of fidelity and care with power to appoynt Servants and others to watch alongst the Sea coasts wher the Said victuall, Cattell, Beeff, Butter and Cheese, Silk and woollen Manufactory and other prohibite goods are brought in, imported, vended or borne, Therfor wee with advyce and consent of the Lords of our privie Councell, Doe grant full power, authority and Commission To Livtennant Collonell Patrick Ogilvie of Cairnes, Sir John Shaw of Greenock, and Sir Archbald Campbell of Clunnes by themselves Joyntly or Severally and ther deputs, Servants and Such as they Shall think fitt to appoynt, for whom they are to be answerable, To Search for, Sease and apprehend all Irish victuall, Beeff and Cattell, horses and Mears whatsomever, Butter and Cheese and other goods prohibite to be imported from Irland, or others wherinto this Kingdome from and after the date heirof, And that from the Sound of Mull to the Brugh of Dumfreise both inclusive; And the saids Livtennant Collonell Patrick Ogilvie; Sir John Shaw of Greenock and Sir Archbald Campbell and these intrusted by them are heirby authorized to cause sease and apprehend all boats, barques and other vessells, wherin the said victuall, butter and cheese and other goods above prohibite, Shall be imported, and are lykewayes requyred to putt the haill heads, clauses and articles of the Severall acts of parliament abovementioned and other prohibitory prohibitory³ Law Standing in force to exact and punctuall execution against the transgressors of the Same, or persons lyable to the observation therof, And for the more effectuall prosecution of this our Commission, wee with advyce forsaid Grant full power and authority to the persons forsaid, and ther forsaids within the bounds abovementioned to cause Sease all Barques, or boats whatsomever plying or Lying out the said Coast untill the Skipper and owners therof Give bond to them, for which bond the Giver is to pay two Shilling Scots and no more, that they Shall Import no Irish victuall, horse, Kyne or other Cattell, Irish beeff, butter or cheese, or any other of the forsaid above prohibited goods for herafter wnder the penalties contained in the acts of parliament made theranent; with power to our saids Commissioners and ther forsaids to Seach all boats, or barques or other vessells, wherin any Irish victuall, horses, kyne, beeff or other Cattell, butter, cheese or other prohibited goods, may be Suspected to be, And wpon discovery therof to putt the Laws and acts of parliament made against importing of the Same to all vigorous execution, and if wpon pregnant presumptions our Saids Commissioners, or these intrusted by them Shall Suspect any persons guilty of the Importing irish victuall beeff, horses, kyne, or other Cattell, cheese or butter or other prohibite goods forsaids, They are heirby authorized to convee[n] any Such person or persons in the termes of the acts of parliament befor the nearest Judges or Magistrats to Burgh or Landward, and lead all maner of probation against them, or against the recepters sellers, or buyers or retaillers therof or any pairt of the Same wittingly proid de Jure, wherupon the saids Magistrats are to give present and ready Justice, and all Shirreff, Stewarts, Baillies of Regalitie and Barronie and ther deputs and all heretors are heirby ordained to give ther Speedy assistance to our Saids Commissioners, and these intrusted by them whenever they Shall be requyred, for the more effectuall execution heirof, And the foirnamed persons Commissioners forsaid, and those intrusted by them are heirby Impowered by order of the Magistrats of the place to send any persone to prisone found guilty contraveining the saids Laws and acts of parliament against importing of Irish victuall, beeff, horses, kyne or other cattell, butter and cheese, and others forsaid, Untill the Laws be fully execute against them, The Saids Magistrats being alewayes free of the prisoners charges. Lykeas wee with advyce and consent forsaid Grant full power and Commission to the said Livetennant Collonell Patrick Ogilvie, Sir John Shaw of Greenock, and Sir Archibald Campbell and ther forsaids to Search for, Sease, and apprehend all Irish beeff, Irish horses, Meares, kyne or other Cattell, or other prohibite goods, which Shall happine to be Imported from Irland, or els wher to this kingdom from and after the day forsaid, wherever the Same cane be found within the bounds abovementioned; And for the further encouradgment of our Saids Commissioners, Wee with advyce forsaid Doe not only authorize and impower them to intromett with, wplift and apply for their own use, all fynes and penalties, and whatsoever doth belonge to the Seasure of the forsaid prohibited goods or to the discovers or prosecuters of transgressors, But lykewayes to intromett with wplift and receive for ther own use, all casualties, fynes, and penalties that fall, accesses or⁴ belong to ws upon the transgression of any of the saids laws or acts of parliament, In so farr as they Shall Sease prohibite goods, discover and prosecute the transgressors, and in case any persone or persons Shall make open resistance against our Saids Commissioners, and ther forsaids, or any Called to ther assistance by them, So that ther Shall happen blood Shed, mutilation or Slaughter to follow through the Said resistance The Saids Commissioners or these intrusted by them, or giving assistance to them, Never to be called in question civilly or Criminally for the Same in tyme comeing, And it is declaired that the saids three Commissioners befor take out of ther Commission, Shall enact themselves by bond Conjunctllie and Severallie that they Shall execute and discharge this our Commission, according to Law, especiallie according to the nynth act of the parliament J^aj vij^c and three, without any remission or mitigation, and with fidelity and dilligence as they will be answerable to ws wpon their perrill; And especiallie that they Shall pay the Soume of ten merks Scots money for ilk boll of Irish victuall that Shall be Imported after the first day of January nixt to come, For which the Laws Shall not be executed with all convenient diligence, to belonge to the Informer allenerly wher the victuall is Imported and not duly Seased, or the transgressors prosecute⁵ by and attour the confiscation of the victuall, and other penaltie, against the Importers imposed by former Laws, wherof they are to have no Share for ther releiff of the said ten merks payable by them, which is nowayes to be remitted In maner mentioned in the petition offered by them to our privie Councell; And its heirby declaired that the fornamed persons Commissioners forsaids Shall be conveinable for the penalties forsaids, either befor our privie Councell, or the Shirreff of the Shyre, The Stewart of the Stewartries, or the Baillies of the Bailliaries within the bounds forsaids at the option of the Informer; And this Commission to endure for the Space of three yeirs, and therafter till recalled, They dischargeing and executeing the Same with fidelity and deligence in maner abovementioned: Lykeas wee with advyce forsaid, heirby recall, make voyd and annull all former Commissions granted by ws or our privie Councell to any persone or persons whatsomever off and concerning the premisses: Given att Holyrudehouse the Second day of October, And of our reigne the fourth year 1705. Sic Subscribitur Argyll Commissioner. Seafeild Cancellar. Queensberrie C.P.S. Loudoun S. Hadington. Dunmore. Sutherland. Ballcarras. Forfar. Cromartie. Stair. Roseberrie. Glasgow. Archibald Campbell. Rosse. Hew Dalrymple.