Commission by the Council, 25 January 1704, Edinburgh

Procedure, 19 December 1704, Edinburgh

Att Edinburgh the Tuenty fyfth day off January Jaj vijc and four years

A1704/1/471

Commission by the Council

Commissione In favours off Lodwick Cant off Thurstoun For hindering the Importation of English victwall

Anne By the Grace of God Queen off Great Breitan France and Ireland defender off the faith To all and sundrie our Leidges and subjects whom it effeires Greetting Forasmuchas By the Nynth act off the first session off our Current parliament, Entituled act Dischairging the Import off Irish victwall Beef and Catle, The Importing off Victwall From England or any other forraigne Countrie whatsomever (Excepting as is after excepted) into this Kingdome Is Expressly discharged under the paines and Certeficationes therin mentioned The Which Act maketh mention That we with advyce and Consent of the Estates off parliament Ratefie and approve the Thrid Act, Thrid Session second parliament, King Charles the second Jaj vjc and seventy two Entituled act againest the Importatione off Irish victwall or Catle Excepting the Clause in the second act Jaj vjc and Eighty six Thatt all the victwall That shall be imported shall be sunk and distroyed Declairing That in place therof It shall only be confiscat as in the former Act Jaj vjc seventy two And Farder For the more effectwall prohibition off the Importing off the said victwall prohibited to be Imported by the saids Laws We with advyce forsaid statute and Declair That all Importers off the said Irish victwall, als will the masters as seamen off the vessells wherin it is Imported as also The Recepters sellers, Retaillers, or Buyers theroff or any pairt therof wittingly, shall be not only lyable in the Fynes and penalties statute in the said act off parliament Jaj vjc and seventy two But Lykewayes all under the degree off Heretors, shall be delyvered to any scotts officers serving Her Majesties Alloyes abroad and to be transported by them For Recruits, when once Discovered and Convicted at any tyme withine the space off six moneths after ther said delinquencie Which Delinquencie may be Cognosed and tryed by any Judge ordinary And that at the Instance off any persone whatsomever That shall think fitt to accuse and to be proven prout de Jures, and which Judges ordinary are heirby fully Impoured for that effect Lykeas for preventing all such Connivance or Collusion in this matter The Seizar off any such victwall Imported Who for his encurragement Is Declaired by the said Act Jaj vjc Eighty Six To have the vessell wherin the Import was made To be disposed off as his oune Shall be obleidged first to make the victwall furth comeing to the said Judge ordinary without any Diminution or Imbazlement, and the forsaid Judges is Immediatly to give ane account therof To the Lords off Theasaury To the effect they may order the same to be transported furth off the Kingdome with the First Conveniencie The product wheroff shall belong to the said seizer or Discoverer And iff the said Judge ordinary shall failzie therin or shall any manner off way Collide or Conive with the forsaid Importers or shall accept of a bribe from them Either Directly or Indirectly by servants or other wayes Intrusted or Imployed by him For that effect or shall Transact or Compone with the saids Importers or any others for there behove or other wayes then in the precise termes off the acts of parliament above mentioned Then and in either off the saids caices The said Judge ordinary Shall be fyned in the soume off ane Thousand pound scotts money toties quoties The said Thousand pounds To belongt wholly to the Informer and farder shall be Declared Incapable of all publict trust for ever hereafter And It is further heirby provyded and Declaired That it shall be Laufull for any persone whatsomever To informe againest and prosecute the saids Judges ordinary befoir the Lords off our privie Councill, Lords of Session, Commissioners of Justiciary or other Judges compitent as they shall think Fitt, And that at any tyme withine two years affter committing off the Facts And Farder We with advyce and Consent forsaid Extended and theirby Ratefied the forsaids Acts, as also this present act with the prohibitione and paines therin Contained againest all Importines By sea or Land And all buying, selling, Resetting, and Retailling, wittinly off any victwall From England or any Countrie whatsomever into this Kingdome Excepting allwayes That wheat peise, and Beans, For seed may be Imported from England upone payment off Fourty shilling more then the ordinary Custome per Boll off duely Imported and Entred or otherwayes the said Import off the said wheat, peas, and Beans, Though by Land shall be judged ane unlaufull Import and Lyable to the paines abovementioned attour the Confiscatione of the horses that shall be made use off for the said Import and therby Rescinds, Casses and annulls all acts and Clauses off acts Impouering the Lords off privie Councill To give licence for Importing victwall Except in the caice of dearth therin contained And wee Considering the best and fittest way for makeing the saids acts off parliament effectwall To be the Commissionating some persones of vigilancie fidelity and Care With power to appoynt servants and others to watch alongest the borders and sea coasts off this Kingdome wher victwall is brought in and Imported Therfore we with advyce off the Lords of our privy Councill Doe heirby Grant full power authority and Commissione To Lodovick Cant younger off Thirstoun By him self and his Deputs and servants and such as he shall think fit to appoint for whom he is to be answerable To search For seize and apprehend all English and forraigne victwall Importing from England into this Kingdome From and affter the date heirof (Excepting as above wheat, peise and Beans for seed) And that from Leith To the border at Berwick and from thence to Alison Bank boeth Inclusive And the said Lodovick Cant and these intrusted by him are heirby authorized to cause seize and apprehend all shipps, barks boats, and other veshells wherin the said victwall shall be imported by sea and horses and other beasts wheron the said victwall shall be imported by Land within the bounds above mentioned To dipose therone at their pleasure for ther owen use and behove And are lykewayes requyred to put the haill heads Clauses and articles off the seaverall acts off parliament abovementioned Relaiting to the Imporating off English victwall to Exact and punctwall executione againest the transgressors off the samen or persones lyable to the observance theroff And for the more effectwall prosecution off this our Commissione We with advyce forsaid Grant full power and authority to our said Commissioner and his freinds within the Bounds above mentioned To cause seize all Barks and Traveling boats whatsomever plyeing or lyeing on the saids Coasts untill the skippers and owners theroff find Caution to him That they shall import nor English victwall for heirafter and to seize all horses and other Beasts wherin the said victwall shall be imported by Land within the bounds above mentioned and the owners theroff to find Caution to him That they shall Import noe English victuall for hereafter under the paines Contained in the acts off parliament made theranent With power to our said Commissioner and his Forsaids To search all Boats, Barks or other vessells wherin any English or forraigne victwall may be suspected to be and upon discoverie theroff To put the Lawes and acts off parliament made againest Importing off the samen to executione And if upon pregnant presumptiones our said Commissioner and these Intrusted by him shall suspect any persons guilty off Importing any English or Forraigne victwall forsaid within the bounds above mentioned They are heirby authorized To Conveen any such persone or persones in the termes off the act off parliament befoir the neirest Magistrat to Burgh off Landward and laid all manner of probation againest them or againest the Resetters, sellers, Retaillers, or buyers therof or any pairt off the same wittingly pro utde Jure Wherupon the saids Magistrats are to give present and ready Justice And Farder all shirriffs stewarts, Baillies of Regality and Barronie and their Deputs and all heretors are hereby ordered to give there speedy assisstance To our said Commissioner and those Intrusted by him when ever they shall be requyred For the more effectwall Executione theroff As also the officers of any Garison or Troups within the forsaid bounds shall be obleidged and are heirby Requyred to Concurr and assist For the more effectwall Executione off the Law with a pairty off souldiers as they shall be desired upone any Extraordinary occasione And the said Lodowick Cant and these intrusted by him are heirby Impoured by order off the Magistrats of the place to send any persones to prison found guilty off Contraveening off the forsaids Laws and Acts off parliament againest Importing off English and Forraigne victuall The saids Magistrats being allwayes free off the prisoners Charigers Lykeas we with advice and Consent Forsaid Doe heirby appoynt and ordaine The victwall sure to be seized By the said Lodwick Cant within the bounds abovementioned To be made furthcomeing to the Judge ordinary off the Bounds wher the samen shall be seized without any diminution or Imazlement and the Forsaid Judge Is immediatly to give ane account theroff To the Lords off our Theasaury To the effect that they may order the samen to be transported furth off the Kingdome with the First Conveniencie The product wherof shall belong to our said Commissioner And in caice any persone or persones shall make open Resistance Againest the said Lodvick Cant and his forsaids or any called to their assistance by them soe that there shall happen, Blood shed, Mutilation or slaughter to follow through the said Resistance The said Lodvick Cant or these intrusted by him or giveing assistance to them shall never be Called in question Civilly nor Criminally for the same in tyme Comeing And it is heirby Declaired That the said Lodvick Cant befoir takeing out off this Commission shall Find sufficient Caution acted in the Books of privy Councill That for every boat with English or Forraigne victwall That shall be imported within the bounds forsaid after the date hereof and shall not be seazed by him or these Intrusted By him and that shall make their escape by his neglect or Coneivance He shall be lyable and make payment to the Receaver off our Croun rents The soume off ane Hundereth pound sterling and for each load of victwall That shall be imported and not seazed by his Neglect or Coneivance as above He shall make payment to the persones abovenamed off the soume off Six pound scotts money And for the said Lodvick Cants furder Incurradgement Wee with advyce forsaid allow him to Retain and apply For his owen use and behove The whole fynes provyded and payable to us by the Laws and acts off parliament made againest Importing English victwall and this Commission to Endure and Continue ay and whyle the same be recalled Lykeas We with advyce forsaid hereby Recall make voyd and anull all former Commissiones Granted by us or our privy Councill To any persone or persones whatsomever Off and concerning the premisses Given att Edinburgh the tuenty fyfth day of January and of our Rigne the second year 1704 Sic Subscribitur Findlater J:P:d Loudoun Eglingtoune Roseberrie Garnock Robert McKenzie James Steuart, Primrose F Montgomrie George Lockhart James Foulis

Att Edinburgh the Tuenty fyfth day off January Jaj vijc and four years

A1704/1/471

Commission by the Council

Commissione In favours off Lodwick Cant off Thurstoun For hindering the Importation of English victwall

Anne By the Grace of God Queen off Great Breitan France and Ireland defender off the faith To all and sundrie our Leidges and subjects whom it effeires Greetting Forasmuchas By the Nynth act off the first session off our Current parliament, Entituled act Dischairging the Import off Irish victwall Beef and Catle, The Importing off Victwall From England or any other forraigne Countrie whatsomever (Excepting as is after excepted) into this Kingdome Is Expressly discharged under the paines and Certeficationes therin mentioned The Which Act maketh mention That we with advyce and Consent of the Estates off parliament Ratefie and approve the Thrid Act, Thrid Session second parliament, King Charles the second Jaj vjc and seventy two Entituled act againest the Importatione off Irish victwall or Catle Excepting the Clause in the second act Jaj vjc and Eighty six Thatt all the victwall That shall be imported shall be sunk and distroyed Declairing That in place therof It shall only be confiscat as in the former Act Jaj vjc seventy two And Farder For the more effectwall prohibition off the Importing off the said victwall prohibited to be Imported by the saids Laws We with advyce forsaid statute and Declair That all Importers off the said Irish victwall, als will the masters as seamen off the vessells wherin it is Imported as also The Recepters sellers, Retaillers, or Buyers theroff or any pairt therof wittingly, shall be not only lyable in the Fynes and penalties statute in the said act off parliament Jaj vjc and seventy two But Lykewayes all under the degree off Heretors, shall be delyvered to any scotts officers serving Her Majesties Alloyes abroad and to be transported by them For Recruits, when once Discovered and Convicted at any tyme withine the space off six moneths after ther said delinquencie Which Delinquencie may be Cognosed and tryed by any Judge ordinary And that at the Instance off any persone whatsomever That shall think fitt to accuse and to be proven prout de Jures, and which Judges ordinary are heirby fully Impoured for that effect Lykeas for preventing all such Connivance or Collusion in this matter The Seizar off any such victwall Imported Who for his encurragement Is Declaired by the said Act Jaj vjc Eighty Six To have the vessell wherin the Import was made To be disposed off as his oune Shall be obleidged first to make the victwall furth comeing to the said Judge ordinary without any Diminution or Imbazlement, and the forsaid Judges is Immediatly to give ane account therof To the Lords off Theasaury To the effect they may order the same to be transported furth off the Kingdome with the First Conveniencie The product wheroff shall belong to the said seizer or Discoverer And iff the said Judge ordinary shall failzie therin or shall any manner off way Collide or Conive with the forsaid Importers or shall accept of a bribe from them Either Directly or Indirectly by servants or other wayes Intrusted or Imployed by him For that effect or shall Transact or Compone with the saids Importers or any others for there behove or other wayes then in the precise termes off the acts of parliament above mentioned Then and in either off the saids caices The said Judge ordinary Shall be fyned in the soume off ane Thousand pound scotts money toties quoties The said Thousand pounds To belongt wholly to the Informer and farder shall be Declared Incapable of all publict trust for ever hereafter And It is further heirby provyded and Declaired That it shall be Laufull for any persone whatsomever To informe againest and prosecute the saids Judges ordinary befoir the Lords off our privie Councill, Lords of Session, Commissioners of Justiciary or other Judges compitent as they shall think Fitt, And that at any tyme withine two years affter committing off the Facts And Farder We with advyce and Consent forsaid Extended and theirby Ratefied the forsaids Acts, as also this present act with the prohibitione and paines therin Contained againest all Importines By sea or Land And all buying, selling, Resetting, and Retailling, wittinly off any victwall From England or any Countrie whatsomever into this Kingdome Excepting allwayes That wheat peise, and Beans, For seed may be Imported from England upone payment off Fourty shilling more then the ordinary Custome per Boll off duely Imported and Entred or otherwayes the said Import off the said wheat, peas, and Beans, Though by Land shall be judged ane unlaufull Import and Lyable to the paines abovementioned attour the Confiscatione of the horses that shall be made use off for the said Import and therby Rescinds, Casses and annulls all acts and Clauses off acts Impouering the Lords off privie Councill To give licence for Importing victwall Except in the caice of dearth therin contained And wee Considering the best and fittest way for makeing the saids acts off parliament effectwall To be the Commissionating some persones of vigilancie fidelity and Care With power to appoynt servants and others to watch alongest the borders and sea coasts off this Kingdome wher victwall is brought in and Imported Therfore we with advyce off the Lords of our privy Councill Doe heirby Grant full power authority and Commissione To Lodovick Cant younger off Thirstoun By him self and his Deputs and servants and such as he shall think fit to appoint for whom he is to be answerable To search For seize and apprehend all English and forraigne victwall Importing from England into this Kingdome From and affter the date heirof (Excepting as above wheat, peise and Beans for seed) And that from Leith To the border at Berwick and from thence to Alison Bank boeth Inclusive And the said Lodovick Cant and these intrusted by him are heirby authorized to cause seize and apprehend all shipps, barks boats, and other veshells wherin the said victwall shall be imported by sea and horses and other beasts wheron the said victwall shall be imported by Land within the bounds above mentioned To dipose therone at their pleasure for ther owen use and behove And are lykewayes requyred to put the haill heads Clauses and articles off the seaverall acts off parliament abovementioned Relaiting to the Imporating off English victwall to Exact and punctwall executione againest the transgressors off the samen or persones lyable to the observance theroff And for the more effectwall prosecution off this our Commissione We with advyce forsaid Grant full power and authority to our said Commissioner and his freinds within the Bounds above mentioned To cause seize all Barks and Traveling boats whatsomever plyeing or lyeing on the saids Coasts untill the skippers and owners theroff find Caution to him That they shall import nor English victwall for heirafter and to seize all horses and other Beasts wherin the said victwall shall be imported by Land within the bounds above mentioned and the owners theroff to find Caution to him That they shall Import noe English victuall for hereafter under the paines Contained in the acts off parliament made theranent With power to our said Commissioner and his Forsaids To search all Boats, Barks or other vessells wherin any English or forraigne victwall may be suspected to be and upon discoverie theroff To put the Lawes and acts off parliament made againest Importing off the samen to executione And if upon pregnant presumptiones our said Commissioner and these Intrusted by him shall suspect any persons guilty off Importing any English or Forraigne victwall forsaid within the bounds above mentioned They are heirby authorized To Conveen any such persone or persones in the termes off the act off parliament befoir the neirest Magistrat to Burgh off Landward and laid all manner of probation againest them or againest the Resetters, sellers, Retaillers, or buyers therof or any pairt off the same wittingly pro utde Jure Wherupon the saids Magistrats are to give present and ready Justice And Farder all shirriffs stewarts, Baillies of Regality and Barronie and their Deputs and all heretors are hereby ordered to give there speedy assisstance To our said Commissioner and those Intrusted by him when ever they shall be requyred For the more effectwall Executione theroff As also the officers of any Garison or Troups within the forsaid bounds shall be obleidged and are heirby Requyred to Concurr and assist For the more effectwall Executione off the Law with a pairty off souldiers as they shall be desired upone any Extraordinary occasione And the said Lodowick Cant and these intrusted by him are heirby Impoured by order off the Magistrats of the place to send any persones to prison found guilty off Contraveening off the forsaids Laws and Acts off parliament againest Importing off English and Forraigne victuall The saids Magistrats being allwayes free off the prisoners Charigers Lykeas we with advice and Consent Forsaid Doe heirby appoynt and ordaine The victwall sure to be seized By the said Lodwick Cant within the bounds abovementioned To be made furthcomeing to the Judge ordinary off the Bounds wher the samen shall be seized without any diminution or Imazlement and the Forsaid Judge Is immediatly to give ane account theroff To the Lords off our Theasaury To the effect that they may order the samen to be transported furth off the Kingdome with the First Conveniencie The product wherof shall belong to our said Commissioner And in caice any persone or persones shall make open Resistance Againest the said Lodvick Cant and his forsaids or any called to their assistance by them soe that there shall happen, Blood shed, Mutilation or slaughter to follow through the said Resistance The said Lodvick Cant or these intrusted by him or giveing assistance to them shall never be Called in question Civilly nor Criminally for the same in tyme Comeing And it is heirby Declaired That the said Lodvick Cant befoir takeing out off this Commission shall Find sufficient Caution acted in the Books of privy Councill That for every boat with English or Forraigne victwall That shall be imported within the bounds forsaid after the date hereof and shall not be seazed by him or these Intrusted By him and that shall make their escape by his neglect or Coneivance He shall be lyable and make payment to the Receaver off our Croun rents The soume off ane Hundereth pound sterling and for each load of victwall That shall be imported and not seazed by his Neglect or Coneivance as above He shall make payment to the persones abovenamed off the soume off Six pound scotts money And for the said Lodvick Cants furder Incurradgement Wee with advyce forsaid allow him to Retain and apply For his owen use and behove The whole fynes provyded and payable to us by the Laws and acts off parliament made againest Importing English victwall and this Commission to Endure and Continue ay and whyle the same be recalled Lykeas We with advyce forsaid hereby Recall make voyd and anull all former Commissiones Granted by us or our privy Councill To any persone or persones whatsomever Off and concerning the premisses Given att Edinburgh the tuenty fyfth day of January and of our Rigne the second year 1704 Sic Subscribitur Findlater J:P:d Loudoun Eglingtoune Roseberrie Garnock Robert McKenzie James Steuart, Primrose F Montgomrie George Lockhart James Foulis

1. NRS, PC1/53, 134-9.

1. NRS, PC1/53, 134-9.