Commission by the Council, 4 February 1696, Edinburgh

Procedure: petition, 31 December 1696, Edinburgh

At Edinburgh the fourth day of February Jaj vjc nynty and sex years

A1696/2/31

Commission by the Council

Commission for trying Drumsuy and his Deputs anent Irish meall

The Lords of his Majesties privie Councill considering that they by their former Commissions granted by them to David Crafurd of Drumsuy and to his Deputs and servants and others to be appoynted by him, for whom by the tenor of the said Commissione he is to be answerable They Have given full power authority and Commissione to seize and apprehend all irish victuall imported to this Kingdome within the bounds specified in the said Comissiones And to stave suill and distroy the Victuall imported into this Kingdome within the bounds specified in the said Comissiones, and to take the boats barks and other vessells wherein the samine shall be imported and dispose therupon at their pleasure And the said Lords being informed That the said David Crafurd of Drunsuy and his Deputs servants and others imployed by him and for whom Conforme to the Tenor of the Commissiones he is answereable as said is Have been remiss and negligent in exerciseing the power Committed to them by the said Commissions and that He or his said deputs and servants hes contrair to the Tenor of the said Commissions and bonds given by him and his Cautioner at the granting thereof suffered and permitted diverse and sundrie persons to import Irish victuall into this Kingdome at Least Have Connived at the importatione thereof Therfore and to the effect the trueth of this matter may the better appear and be knowen The hereby give full power and Commissione to the persones afternamed and ilk ane of them for the respective places and bounds afterspecified viz To the Magistrats of Glasgow for the toune of Glasgow and suburbs thereof To the Magistrats of Renfrew for the toune and paroch of Renfrew To the Magistrats of Dumbartoune for the toune and paroch of Dumbartone To the Baillie of the Regality of Lennox […] Noble of Ferune and Claud Hamilton of Baines for the Paroches of Cardross and Kilpatrick To Sir John Campbell of Carrick for the Isle of Roseneath To John McCarter of Milntoune for the paroch of Dinnoon To the shirriff deput of the shyre of Argyle and magistrats of the burghs of Inverairy for the Toune of Inverairy and places adjacent thereto John Campbell of Kildallin and the Baillies of Lochhead for the toune and adjacent Bounds of Kintire To Sir James Stueart Shirriff of Boot […] Bannantyn of Kaimes and the magistrats of Rothesay for the Isle of Boot To the Duke of Hamilton Baillie of Arran for the Isle of Arran To the Baillie of the Regality of Glasgow for the toune and paroch of Govan To the Laird of Houstoune younger and the toune of Glasgow’s Baillie at Newport Glasgow for the toune of Newwark and paroch of Kilmacomb To the Lairds of Greenock and Crafurdsburne for the paroch of Greenock To the Laird of Blackhall The Laird of Kellie younger William Cunynghame Brother to Gilbertfeild for the paroch of Innerkipp To the Lairds of Kelburne Bishoptoune younger Hunterstoune Kellie elder and Auchinnames for the paroches of Largs and […] to the Lairds of Hunterstoune Akinyeards and John Park of Litledubb for the Bounds from the Largs to Kilwinning To the magistrats of Irvine Sir William Cunynghame of Cunynghamehead and the Baillie of Cunynghame for the tounes and paroches of Irveing and Kilwinning to the Lairds of Corsbie Adamtoune younger and William Baillie of Munktoune for the bounds from Irveing to Ayre To the magistrats of Ayre William Cunynghame of Brounehill and William Mctaggart merchants there for the Toune and paroch of Ayre To James Ross of Garvan and John Muir Late Provost of Ayre for the bounds from Ayre to the Toune of Garvan To James Agnew younger of Lochnaw and Mr William Fullertoune from the bounds from the Mule of Galloway to Ballantrae To the magistrats of Stranrawer for the toune of Stranrawer To call before them and examine and take the declarations of all such persons liveing within the respective bounds foresaid as the shall think fitt and to interrogat them upon the Interrogators following viz primo if it Consists with their knowledge that Drumsie or his Deputs did grant any Licencies for importing victuall from Ireland and if they did That they declaire what Compositione or good deed He or his deputs did take for the granting of the said Licences secundo If Drumsuy or his Deputs did connive at and know of the importing of victuall from Ireland and if they did not transact and agree with the persones who did import the same Tertio If the did not exact sums of money from the Boatmen and owners of the boats in which the Irish victuall was imported and did delyver back the said boats in which the Irish victuall was imported and if the did not make transactions of this nature for the same boat oftner then once Quarto If Drumsuie and his deputs or any of them did know where the victuall imported was and did not make seizure therof Quinto That the declaire in generall when they know concerning the exactiones imposed by Drumsuy or his deputs upon merchants or others who did import the said Irish victuall sexto That they be speciall as to the precise tyme that is that they condescend upon the moneth and year persons and sums and the witneses who will prove the matters of fact condescended upon and Lastly upon such other interrogators as the said Commissioners or any of them shall think fitt to propose to the persones who shall appear before them anent Drumsuy and his Deputs servants and others imployed by him their malversatione In suffering the importatione of Irish or other forraigne victuall into this Kingdome by Collusione or otherwayes and what exactiones of money by way of Compositione or otherwayes they have made upon any of his majesties Leidges upon pretence of their haveing right to the boats barks or vessells imployed in importing the said victuall or as fynes for the Causes foresaid or transactions upon that account with power to the said Commissioners to Issue furth precepts for Ceitting of the persones foresaid within the respective bounds above set doune To appear before them upon such dayes as they shall appoynt betwixt and the fyfteen day of march next to come with certificatione to the persons ceitted that if they failzie to appear before the said Commissioners or compearing shall refuise to give informatione and declare what they know in the matters foresaid That they shall be Called and Conveened before the said Lords of his majesties privy Councill and be punished as Contraveeners of the Lawes and acts of parliament made against the importing of Irish or other forraigne victuall with power to the Commissioners foresaid within their respective bounds above set doune To put the refuisers under sufficient Cautione to appear before the said Lords of privie Councill upon the first tuesday of the moneth of Apryll next with power lykewayes to the said Commissioners to elect and Choise ther owne Clerk within their respective bounds for quhom they shall be answerable And appoynts the said Commissioners ther Clark to draw up the examinations and declarations of the persons foresaid within their respective bounds authentickly in wryt and Cause the parties subscryve the same and transmitt the same subscryved also by the Comissioners and ther Clark in ther respective bounds to the said Lords of privy Councill And Hereby declare That the Examinationes or declarations to be emitted by the persons foresaid shall noe wayes militat nor be made use of against the said persones themselves at any tyme Comeing and allow’s thir presents to be printed And appoynts his majesties sollicitor to send printed Coppies thereof to the severall Commissioners therein contained sic subscribitur Tweeddale Cancel Southerland Kintore Carmichaell Polwarth Adam Cockburne Lodovick Grant Archibald Murray T Burnett.

At Edinburgh the fourth day of February Jaj vjc nynty and sex years

A1696/2/31

Commission by the Council

Commission for trying Drumsuy and his Deputs anent Irish meall

The Lords of his Majesties privie Councill considering that they by their former Commissions granted by them to David Crafurd of Drumsuy and to his Deputs and servants and others to be appoynted by him, for whom by the tenor of the said Commissione he is to be answerable They Have given full power authority and Commissione to seize and apprehend all irish victuall imported to this Kingdome within the bounds specified in the said Comissiones And to stave suill and distroy the Victuall imported into this Kingdome within the bounds specified in the said Comissiones, and to take the boats barks and other vessells wherein the samine shall be imported and dispose therupon at their pleasure And the said Lords being informed That the said David Crafurd of Drunsuy and his Deputs servants and others imployed by him and for whom Conforme to the Tenor of the Commissiones he is answereable as said is Have been remiss and negligent in exerciseing the power Committed to them by the said Commissions and that He or his said deputs and servants hes contrair to the Tenor of the said Commissions and bonds given by him and his Cautioner at the granting thereof suffered and permitted diverse and sundrie persons to import Irish victuall into this Kingdome at Least Have Connived at the importatione thereof Therfore and to the effect the trueth of this matter may the better appear and be knowen The hereby give full power and Commissione to the persones afternamed and ilk ane of them for the respective places and bounds afterspecified viz To the Magistrats of Glasgow for the toune of Glasgow and suburbs thereof To the Magistrats of Renfrew for the toune and paroch of Renfrew To the Magistrats of Dumbartoune for the toune and paroch of Dumbartone To the Baillie of the Regality of Lennox […] Noble of Ferune and Claud Hamilton of Baines for the Paroches of Cardross and Kilpatrick To Sir John Campbell of Carrick for the Isle of Roseneath To John McCarter of Milntoune for the paroch of Dinnoon To the shirriff deput of the shyre of Argyle and magistrats of the burghs of Inverairy for the Toune of Inverairy and places adjacent thereto John Campbell of Kildallin and the Baillies of Lochhead for the toune and adjacent Bounds of Kintire To Sir James Stueart Shirriff of Boot […] Bannantyn of Kaimes and the magistrats of Rothesay for the Isle of Boot To the Duke of Hamilton Baillie of Arran for the Isle of Arran To the Baillie of the Regality of Glasgow for the toune and paroch of Govan To the Laird of Houstoune younger and the toune of Glasgow’s Baillie at Newport Glasgow for the toune of Newwark and paroch of Kilmacomb To the Lairds of Greenock and Crafurdsburne for the paroch of Greenock To the Laird of Blackhall The Laird of Kellie younger William Cunynghame Brother to Gilbertfeild for the paroch of Innerkipp To the Lairds of Kelburne Bishoptoune younger Hunterstoune Kellie elder and Auchinnames for the paroches of Largs and […] to the Lairds of Hunterstoune Akinyeards and John Park of Litledubb for the Bounds from the Largs to Kilwinning To the magistrats of Irvine Sir William Cunynghame of Cunynghamehead and the Baillie of Cunynghame for the tounes and paroches of Irveing and Kilwinning to the Lairds of Corsbie Adamtoune younger and William Baillie of Munktoune for the bounds from Irveing to Ayre To the magistrats of Ayre William Cunynghame of Brounehill and William Mctaggart merchants there for the Toune and paroch of Ayre To James Ross of Garvan and John Muir Late Provost of Ayre for the bounds from Ayre to the Toune of Garvan To James Agnew younger of Lochnaw and Mr William Fullertoune from the bounds from the Mule of Galloway to Ballantrae To the magistrats of Stranrawer for the toune of Stranrawer To call before them and examine and take the declarations of all such persons liveing within the respective bounds foresaid as the shall think fitt and to interrogat them upon the Interrogators following viz primo if it Consists with their knowledge that Drumsie or his Deputs did grant any Licencies for importing victuall from Ireland and if they did That they declaire what Compositione or good deed He or his deputs did take for the granting of the said Licences secundo If Drumsuy or his Deputs did connive at and know of the importing of victuall from Ireland and if they did not transact and agree with the persones who did import the same Tertio If the did not exact sums of money from the Boatmen and owners of the boats in which the Irish victuall was imported and did delyver back the said boats in which the Irish victuall was imported and if the did not make transactions of this nature for the same boat oftner then once Quarto If Drumsuie and his deputs or any of them did know where the victuall imported was and did not make seizure therof Quinto That the declaire in generall when they know concerning the exactiones imposed by Drumsuy or his deputs upon merchants or others who did import the said Irish victuall sexto That they be speciall as to the precise tyme that is that they condescend upon the moneth and year persons and sums and the witneses who will prove the matters of fact condescended upon and Lastly upon such other interrogators as the said Commissioners or any of them shall think fitt to propose to the persones who shall appear before them anent Drumsuy and his Deputs servants and others imployed by him their malversatione In suffering the importatione of Irish or other forraigne victuall into this Kingdome by Collusione or otherwayes and what exactiones of money by way of Compositione or otherwayes they have made upon any of his majesties Leidges upon pretence of their haveing right to the boats barks or vessells imployed in importing the said victuall or as fynes for the Causes foresaid or transactions upon that account with power to the said Commissioners to Issue furth precepts for Ceitting of the persones foresaid within the respective bounds above set doune To appear before them upon such dayes as they shall appoynt betwixt and the fyfteen day of march next to come with certificatione to the persons ceitted that if they failzie to appear before the said Commissioners or compearing shall refuise to give informatione and declare what they know in the matters foresaid That they shall be Called and Conveened before the said Lords of his majesties privy Councill and be punished as Contraveeners of the Lawes and acts of parliament made against the importing of Irish or other forraigne victuall with power to the Commissioners foresaid within their respective bounds above set doune To put the refuisers under sufficient Cautione to appear before the said Lords of privie Councill upon the first tuesday of the moneth of Apryll next with power lykewayes to the said Commissioners to elect and Choise ther owne Clerk within their respective bounds for quhom they shall be answerable And appoynts the said Commissioners ther Clark to draw up the examinations and declarations of the persons foresaid within their respective bounds authentickly in wryt and Cause the parties subscryve the same and transmitt the same subscryved also by the Comissioners and ther Clark in ther respective bounds to the said Lords of privy Councill And Hereby declare That the Examinationes or declarations to be emitted by the persons foresaid shall noe wayes militat nor be made use of against the said persones themselves at any tyme Comeing and allow’s thir presents to be printed And appoynts his majesties sollicitor to send printed Coppies thereof to the severall Commissioners therein contained sic subscribitur Tweeddale Cancel Southerland Kintore Carmichaell Polwarth Adam Cockburne Lodovick Grant Archibald Murray T Burnett.

1. NRS, PC1/50, 327-30.

1. NRS, PC1/50, 327-30.