Commission by the Council, 24 September 1703, Edinburgh

Act, 28 December 1703, Edinburgh

Att Edinburgh the Twentie fourth day of September Jaj vijc and thrie years

A1703/9/201

Commission by the Council

Commission Discharging the Importation of Irish Victuall, Beiff etc In favours of Mr Patrick Ogilvie

Commission Discharging the Importation of all Irish Victuall Beiff and Catle horses and Mares from Ireland and discovering the Importers therof In favors of Mr Patrick Ogilvie of Carns Read voted approven and Signed, Wherof the tenor followes
Anne By the Grace of God Queen of great Brittaine France and Ireland defender of the faith To all and Sundrie our Leidges and subjects whom it effeirs Greeting Forasmuchas the Estates of parliament haveing by severall acts discharged the Importation of Irish Victuall Beiff and Cattell into this Kingdom under the pains and Certificationes therin contained And particularly by the […] act of the first Session of this our Current parliament Makeing Mention That wee with advice and Consent of the Estates of parliament Ratifie and approve the thrid act thrid session Second parliament King Charles the 2d 1672 Entituled act Discharging Importation of Irish Victuall As also the 14th act of the 2d Session of the first parliament of King James the 7th 1686 Entituled Act against the Immportation of Irish victuall or Cattell Excepting the clause in the said Second act 1686 That all the victuall that shall be Imported shall be sunk and destroyed Declareing that in place therof it shall only be Confiscat as in the said former act 1672, And Farder for the more effectuall prohibition of the Importing of the said Irish victuall prohibited to be Imported by the saids acts Wee with advyce forsaid Statute and Declare That all Importers of the said Irish victuall as weell the Masters as the Seamen of the vessells wherin it is Imported as also the recepters, sellers retaillers, or byers therof or any part therof wittingly shall not only be Lyable in the fines and penalties Statute in the said act of parliament 1672. But Lykewayes all under the degree of heritors shall be delyvered to any Scots officer Serveing her Majesties Allyes abroad and to be transported by them for recruits when once discovered and convicted at any time within the space of sex moneths after their said dilinquencie Which dilinquencie may be Cognosed and tryed by any Judge ordinary and that at the instance of any person whatsomever that shall think fitt to accuse and to be proven pro ut de jure and which Judges ordinary are hereby fully Impowered to that effect Likeas for preventing of all such Connivance or Collusion in this matter the seazur of any such victuall imported who for his encouradgment is declared by the said act 1686 to have the vessell wherin the Import was made to be disposed of as his oun Shall be oblidged first to make the victuall furthcomeing to the said Judge ordinary without any diminition or Imbazlement, and the forsaid Judge is Immediately to give ane accompt therof to the Lords of the Thesaury to the effect they may order the same to be transported furth of the kingdome with the first conveniencie the product wherof shall belong to the said seazure or discoverer And if the said Judge ordinar shall faillie herein or shall any maner of way Collude or Connive with the forsaids importers or shall accept of a bribe from them either directly or indirectly by Servants or otherways intrusted or Imployed by him for that effect or shall transport or Compon with the saids Importers or any others for their behooff or otherwayes then in the precise termes in the acts of parliament above mentioned Then and in either of these caices the said Judge ordinary shall by fyned in the soume of One thousand pounds Scots toties quoties, The said Thousand pounds to belong wholly to the informer and farder shall be declared incapable of all publict trust for ever therafter And its Farder hereby provided and Declared That it shall be Lawfull for any person whatsomever to informe against and prosecute the forsaid Judges Ordinary before the Lords of privy Councill, Lords of Session, Commissioners or Justiciary or other Judges Competent as they shall think fitt and that at any time within two years after committing forsaid Extended and therby Ratified the forsaid acts, As also this present act with the prohibition and paines therincontained against all Importing by Sea or Land, and all buying Selling resetting and retailling wittingly of any victuall from England or any countrey whatsomever into this kingdome. Excepting allwayes That wheat Peise and Beans may be Imported from England upon payment of Fourtie Shilling more then the ordinary Custome per boll if duely Imported and entered or otherwayes the said Import of the said Wheat peize and Beans though by land Shall be judged ane unlawfull import and Lyable to the paines abovementioned attour the confiscation of the horses that shall be made use of for the said Import And Farder for preventing all fraud in this matter under the Collour of transporting Victuall from one pairt or place in the Western Shires mentioned in the said act 1672 Its Statute and ordained that the transporters therof shall bring Certificats from the heritors or their factors upon whose Lands the said victuall transported grew testifieing the same in the precise quantitie and qualitie to be grouth therof Which Certificats shall be first Showen to the Judge Ordinary of the port or place to which the said transport is made before the victuall be Livered or unloaded Otherwayes the forsaid victuall shall be holden to be unlawfully Imported and the Importers resetters sellers retaillers and the buyers abovementioned Lyable to all the paines forsaid; Lykeas the granters of the said Certificats if found to be false or the said Judge at the forsaid ports or place, to which the transport is pretended to be made faillieing in his dutie or any wayes conniveing against the true meaning of this act shall be Lyable for the Same paines as if unlawfull importers, And its Declared That the vessells wherin the said prohibited import is made may be not only arreisted seazed or Confiscat wher and when the Import is first made, But at any place or time therafter within the space of two years; And also wee with advyce and Consent forsaid prohibit and discharge the Importing into this kingdome of any horses kyne or other Irish Cattell whatsomever and all kynd of Irish Beiff upon any pretext whatsomever and if any Collector Surveyer or waitter shall Connive at the Importing of any Such kyne horses, Cattell Beiff or victuall they shall ipso facto be deprived of their said office and declared incapable of any publict office within the kingdom in time comeing and the Importers Shall incurr the penalties and certificationes contained in this or any former acts anent the Importation of any Irish victuall or Cattell, and therby Reschind Cases and annull all acts and clauses of acts Impowering the Lords of privy Councill to give Licence for Importing horses Nolt or other Catell Beiff or victuall except in the caice of Dearth forsaid And Wee Considering the best and fittest way for makeing the saids acts of parliament effectuall To be the Commissionating some persones of vigillence fidelitie and care With power to appoint Servants and others to watch alongst the Sea coasts wher the said victuall Cattell and beiff are brought in and Imported Therfore Wee with advice and consent of the Lords of our privy Councill Doe grant full power authority and Commission to Mr Patrick Ogilvie of Cairnes By himself and his deputes Servants and such as he shall think fitt to appoint for whom he is to be answerable to search for Seize and apprehend all Irish victuall Beiff and Cattell horses and mares whatsomever Imported from Ireland into this kingdome from and after the date hereof and that from the Sound of Mull to the burgh of Dumfrees both inclusive. And the said Mr Patrick Ogilvie and these intrusted by him are hereby authorized to cause seize and apprehend all boats barks and other vessells wherin the said victuall shall be imported to dispose theron at their pleasure for their oun use and behoofe and are Likewayes requyred to put the haill heads clauses and articles of the severall acts of parliament abovementioned standing in force to exact and punctuall executione against the transgressors of the Same or person Lyable to the observance therof And for the more effectuall prosecutione of this our Commission Wee with advice forsaid Grant full power and authority to the said Master Patrick Ogilvie and his forsaids within the bounds above mentioned to cause serve all Barks or travelling Boats whatsomever plying or Lyeing on the said coast untill the Skippers and ouners therof find caution to him that they shall Import no Irish victuall horss kyne or other Cattell or Irish beif fore hereafter under the penalties contained in the acts of parliament made theranent With power to our said Commissioner and his forsaids to search all Boats Barks or other Vessells wherin any Irish victuall Beif horses, kyne or other Castell may be Suspected to be, and upon Discovery therof to put the Lawes and acts of parliament made against the Importing of the same to all vigerous execution and if upon pregnant presumptions our said Commissioner or these intrusted by him Shall Suspect any persones guilty of the Importing Irish Victuall Beiff horses kyne or other Cattell forsaid They are hereby authorized to conveen any such persone or persones in the termes of the acts of parliament before the narest Magistrates to Burgh or Landwart and lead all maner of probation against them or against the resetters sellers retaillers or buyers therof or any part of the Same wittingly pro ut de jure, Wherupon the saids Magistrates are to give present and ready Justice, And farder all shiriffs, Stewarts, Bailies of Regality and Barrony and their deputes and all heritors are hereby Ordered to give their Speedy assistance to our said Commissioner and these intrusted by him whenever they shall be requyred for the more effectuall execution hereof As also the officers of any garison or troops within the bounds shall be oblidged to concurr and assist to fortifie the Law with a partie of Souldiers as they shall be desired upon any extraordinar occasion and the said Mr Patrick Ogilvie and these intrusted by him are hereby Impowered By order of the Magistrates of the place to send any persones to prison found guilty of Contraveening the saids Lawes and acts of parliament against the Importing Irish victuall Beiff horses kyne or other Cattell forsaid The said Magistrates being allwayes free of the prisoners Charges. Likeas Wee with advyce and Consent forsaid Grant full power and Commission to the said Mr Patrick Ogilvie and his forsaids to Search for Seize and apprehend all Irish Beiffs Irish horses Mares kyne or other Cattell which Shall happen to be Imported from Ireland to this Kingdome from and after the day forsaid wherever the same can be found within the bounds abovementioned, and value and Comprize the said horses Mares and other Chattell and to exact the penaltie of ane hundred merks Scots for each beast imported after the day forsaid from the Importers of the Same after due and legall conviction The one half of the value both of the beasts and fyne to be made furthcomeing to the Commission of the Thesaury for our use and the other half to belong to the said Commissioner and his forsaids and Likewayes to exact the penalties by Law provided against the Importing of Irish Beiff from all contraveeners who shall incurr the Same And in caice any persone or persones shall make open resistance against the Said Mr Patrick Ogilvie and his forsaids or any called to their assistance by them so that their shall happen bloodshed Muitulation or Slaughter to follow through the said assistance The said Mr Patrick Ogilvie or these intrusted by him or giveing assistance to them never to be called in question Civilly or Criminally for the same in time comeing And it is hereby Declared that the said Mr Patrick Ogilvie before takeing out of his Commission shall find Sufficient Caution acted in the books of our privy Councill That for every boat with Irish victuall Beiff horsses or Cattell that shall be Imported within the bounds forsaids after the day abovementioned And Shall not be Seized upon by him or these intrusted by him He shall be Lyable and make payment to the receiver of our Croun rents the Soume of One hundred pounds Sterling unless at least the seize upon the men victuall Beiff Horss and Cattell and resetters therof within twenty dayes after the Boat has made its escape and give accompts pro tanto, And for the said Mr Patrick Ogilvie his farder encouradgment Wee with advice forsaid allow him to retaine and apply for his oun use and behoove the half of the fynes provided and payable to us by the Lawes and acts of parliament made against importing of Irish Victuall beif horsses Mares kyne or other Cattell And Likewayes Grant him such farder allowance for his paines and Sallary as the saids Lords of our privy Councill shall find his dilligence do deserve And this Commission to endure and Continue ay and while the Same be recalled Likeas wee with advyce forsaid hereby Recall make void and annull all former Commissiones granted by us or our privy Councill to any person or persones whatsomever off and concerning the premisses Given at Edinburgh the twenty fourth day of September and of our Reigne the second year 1703. Sic Subscribitur Queensberry Commissioner Seafeild Cancelar. Annandale P. Atholl PS: Erroll Mar. Morton, Loudoun Finlator Kintoir. Dunmore Stair Roseberry.

Att Edinburgh the Twentie fourth day of September Jaj vijc and thrie years

A1703/9/201

Commission by the Council

Commission Discharging the Importation of Irish Victuall, Beiff etc In favours of Mr Patrick Ogilvie

Commission Discharging the Importation of all Irish Victuall Beiff and Catle horses and Mares from Ireland and discovering the Importers therof In favors of Mr Patrick Ogilvie of Carns Read voted approven and Signed, Wherof the tenor followes
Anne By the Grace of God Queen of great Brittaine France and Ireland defender of the faith To all and Sundrie our Leidges and subjects whom it effeirs Greeting Forasmuchas the Estates of parliament haveing by severall acts discharged the Importation of Irish Victuall Beiff and Cattell into this Kingdom under the pains and Certificationes therin contained And particularly by the […] act of the first Session of this our Current parliament Makeing Mention That wee with advice and Consent of the Estates of parliament Ratifie and approve the thrid act thrid session Second parliament King Charles the 2d 1672 Entituled act Discharging Importation of Irish Victuall As also the 14th act of the 2d Session of the first parliament of King James the 7th 1686 Entituled Act against the Immportation of Irish victuall or Cattell Excepting the clause in the said Second act 1686 That all the victuall that shall be Imported shall be sunk and destroyed Declareing that in place therof it shall only be Confiscat as in the said former act 1672, And Farder for the more effectuall prohibition of the Importing of the said Irish victuall prohibited to be Imported by the saids acts Wee with advyce forsaid Statute and Declare That all Importers of the said Irish victuall as weell the Masters as the Seamen of the vessells wherin it is Imported as also the recepters, sellers retaillers, or byers therof or any part therof wittingly shall not only be Lyable in the fines and penalties Statute in the said act of parliament 1672. But Lykewayes all under the degree of heritors shall be delyvered to any Scots officer Serveing her Majesties Allyes abroad and to be transported by them for recruits when once discovered and convicted at any time within the space of sex moneths after their said dilinquencie Which dilinquencie may be Cognosed and tryed by any Judge ordinary and that at the instance of any person whatsomever that shall think fitt to accuse and to be proven pro ut de jure and which Judges ordinary are hereby fully Impowered to that effect Likeas for preventing of all such Connivance or Collusion in this matter the seazur of any such victuall imported who for his encouradgment is declared by the said act 1686 to have the vessell wherin the Import was made to be disposed of as his oun Shall be oblidged first to make the victuall furthcomeing to the said Judge ordinary without any diminition or Imbazlement, and the forsaid Judge is Immediately to give ane accompt therof to the Lords of the Thesaury to the effect they may order the same to be transported furth of the kingdome with the first conveniencie the product wherof shall belong to the said seazure or discoverer And if the said Judge ordinar shall faillie herein or shall any maner of way Collude or Connive with the forsaids importers or shall accept of a bribe from them either directly or indirectly by Servants or otherways intrusted or Imployed by him for that effect or shall transport or Compon with the saids Importers or any others for their behooff or otherwayes then in the precise termes in the acts of parliament above mentioned Then and in either of these caices the said Judge ordinary shall by fyned in the soume of One thousand pounds Scots toties quoties, The said Thousand pounds to belong wholly to the informer and farder shall be declared incapable of all publict trust for ever therafter And its Farder hereby provided and Declared That it shall be Lawfull for any person whatsomever to informe against and prosecute the forsaid Judges Ordinary before the Lords of privy Councill, Lords of Session, Commissioners or Justiciary or other Judges Competent as they shall think fitt and that at any time within two years after committing forsaid Extended and therby Ratified the forsaid acts, As also this present act with the prohibition and paines therincontained against all Importing by Sea or Land, and all buying Selling resetting and retailling wittingly of any victuall from England or any countrey whatsomever into this kingdome. Excepting allwayes That wheat Peise and Beans may be Imported from England upon payment of Fourtie Shilling more then the ordinary Custome per boll if duely Imported and entered or otherwayes the said Import of the said Wheat peize and Beans though by land Shall be judged ane unlawfull import and Lyable to the paines abovementioned attour the confiscation of the horses that shall be made use of for the said Import And Farder for preventing all fraud in this matter under the Collour of transporting Victuall from one pairt or place in the Western Shires mentioned in the said act 1672 Its Statute and ordained that the transporters therof shall bring Certificats from the heritors or their factors upon whose Lands the said victuall transported grew testifieing the same in the precise quantitie and qualitie to be grouth therof Which Certificats shall be first Showen to the Judge Ordinary of the port or place to which the said transport is made before the victuall be Livered or unloaded Otherwayes the forsaid victuall shall be holden to be unlawfully Imported and the Importers resetters sellers retaillers and the buyers abovementioned Lyable to all the paines forsaid; Lykeas the granters of the said Certificats if found to be false or the said Judge at the forsaid ports or place, to which the transport is pretended to be made faillieing in his dutie or any wayes conniveing against the true meaning of this act shall be Lyable for the Same paines as if unlawfull importers, And its Declared That the vessells wherin the said prohibited import is made may be not only arreisted seazed or Confiscat wher and when the Import is first made, But at any place or time therafter within the space of two years; And also wee with advyce and Consent forsaid prohibit and discharge the Importing into this kingdome of any horses kyne or other Irish Cattell whatsomever and all kynd of Irish Beiff upon any pretext whatsomever and if any Collector Surveyer or waitter shall Connive at the Importing of any Such kyne horses, Cattell Beiff or victuall they shall ipso facto be deprived of their said office and declared incapable of any publict office within the kingdom in time comeing and the Importers Shall incurr the penalties and certificationes contained in this or any former acts anent the Importation of any Irish victuall or Cattell, and therby Reschind Cases and annull all acts and clauses of acts Impowering the Lords of privy Councill to give Licence for Importing horses Nolt or other Catell Beiff or victuall except in the caice of Dearth forsaid And Wee Considering the best and fittest way for makeing the saids acts of parliament effectuall To be the Commissionating some persones of vigillence fidelitie and care With power to appoint Servants and others to watch alongst the Sea coasts wher the said victuall Cattell and beiff are brought in and Imported Therfore Wee with advice and consent of the Lords of our privy Councill Doe grant full power authority and Commission to Mr Patrick Ogilvie of Cairnes By himself and his deputes Servants and such as he shall think fitt to appoint for whom he is to be answerable to search for Seize and apprehend all Irish victuall Beiff and Cattell horses and mares whatsomever Imported from Ireland into this kingdome from and after the date hereof and that from the Sound of Mull to the burgh of Dumfrees both inclusive. And the said Mr Patrick Ogilvie and these intrusted by him are hereby authorized to cause seize and apprehend all boats barks and other vessells wherin the said victuall shall be imported to dispose theron at their pleasure for their oun use and behoofe and are Likewayes requyred to put the haill heads clauses and articles of the severall acts of parliament abovementioned standing in force to exact and punctuall executione against the transgressors of the Same or person Lyable to the observance therof And for the more effectuall prosecutione of this our Commission Wee with advice forsaid Grant full power and authority to the said Master Patrick Ogilvie and his forsaids within the bounds above mentioned to cause serve all Barks or travelling Boats whatsomever plying or Lyeing on the said coast untill the Skippers and ouners therof find caution to him that they shall Import no Irish victuall horss kyne or other Cattell or Irish beif fore hereafter under the penalties contained in the acts of parliament made theranent With power to our said Commissioner and his forsaids to search all Boats Barks or other Vessells wherin any Irish victuall Beif horses, kyne or other Castell may be Suspected to be, and upon Discovery therof to put the Lawes and acts of parliament made against the Importing of the same to all vigerous execution and if upon pregnant presumptions our said Commissioner or these intrusted by him Shall Suspect any persones guilty of the Importing Irish Victuall Beiff horses kyne or other Cattell forsaid They are hereby authorized to conveen any such persone or persones in the termes of the acts of parliament before the narest Magistrates to Burgh or Landwart and lead all maner of probation against them or against the resetters sellers retaillers or buyers therof or any part of the Same wittingly pro ut de jure, Wherupon the saids Magistrates are to give present and ready Justice, And farder all shiriffs, Stewarts, Bailies of Regality and Barrony and their deputes and all heritors are hereby Ordered to give their Speedy assistance to our said Commissioner and these intrusted by him whenever they shall be requyred for the more effectuall execution hereof As also the officers of any garison or troops within the bounds shall be oblidged to concurr and assist to fortifie the Law with a partie of Souldiers as they shall be desired upon any extraordinar occasion and the said Mr Patrick Ogilvie and these intrusted by him are hereby Impowered By order of the Magistrates of the place to send any persones to prison found guilty of Contraveening the saids Lawes and acts of parliament against the Importing Irish victuall Beiff horses kyne or other Cattell forsaid The said Magistrates being allwayes free of the prisoners Charges. Likeas Wee with advyce and Consent forsaid Grant full power and Commission to the said Mr Patrick Ogilvie and his forsaids to Search for Seize and apprehend all Irish Beiffs Irish horses Mares kyne or other Cattell which Shall happen to be Imported from Ireland to this Kingdome from and after the day forsaid wherever the same can be found within the bounds abovementioned, and value and Comprize the said horses Mares and other Chattell and to exact the penaltie of ane hundred merks Scots for each beast imported after the day forsaid from the Importers of the Same after due and legall conviction The one half of the value both of the beasts and fyne to be made furthcomeing to the Commission of the Thesaury for our use and the other half to belong to the said Commissioner and his forsaids and Likewayes to exact the penalties by Law provided against the Importing of Irish Beiff from all contraveeners who shall incurr the Same And in caice any persone or persones shall make open resistance against the Said Mr Patrick Ogilvie and his forsaids or any called to their assistance by them so that their shall happen bloodshed Muitulation or Slaughter to follow through the said assistance The said Mr Patrick Ogilvie or these intrusted by him or giveing assistance to them never to be called in question Civilly or Criminally for the same in time comeing And it is hereby Declared that the said Mr Patrick Ogilvie before takeing out of his Commission shall find Sufficient Caution acted in the books of our privy Councill That for every boat with Irish victuall Beiff horsses or Cattell that shall be Imported within the bounds forsaids after the day abovementioned And Shall not be Seized upon by him or these intrusted by him He shall be Lyable and make payment to the receiver of our Croun rents the Soume of One hundred pounds Sterling unless at least the seize upon the men victuall Beiff Horss and Cattell and resetters therof within twenty dayes after the Boat has made its escape and give accompts pro tanto, And for the said Mr Patrick Ogilvie his farder encouradgment Wee with advice forsaid allow him to retaine and apply for his oun use and behoove the half of the fynes provided and payable to us by the Lawes and acts of parliament made against importing of Irish Victuall beif horsses Mares kyne or other Cattell And Likewayes Grant him such farder allowance for his paines and Sallary as the saids Lords of our privy Councill shall find his dilligence do deserve And this Commission to endure and Continue ay and while the Same be recalled Likeas wee with advyce forsaid hereby Recall make void and annull all former Commissiones granted by us or our privy Councill to any person or persones whatsomever off and concerning the premisses Given at Edinburgh the twenty fourth day of September and of our Reigne the second year 1703. Sic Subscribitur Queensberry Commissioner Seafeild Cancelar. Annandale P. Atholl PS: Erroll Mar. Morton, Loudoun Finlator Kintoir. Dunmore Stair Roseberry.

1. NRS, PC1/53, 41-8.

1. NRS, PC1/53, 41-8.