Commission by the Council, 9 March 1703 (pm), Edinburgh

Act, 28 December 1703, Edinburgh

[9 March 1703] Eodem Die Post Meridiem

A1703/3/281

Commission by the Council

Commission In favors of Crafurd of Jordanhill anent the Importation of Irish victuall

Anne by the Grace of God Queen of Great Brittaine France and Ireland defender of the faith; To all and Sundrie and our Leidges whom it effeirs; Forasmuchas the Importing of Irish victuall of any sort into this kingdome is discharged by severall Lawes and acts of parliament under the paines and Certificationes therincontained; as also wee with advice of the Lords of our privy Councill by our proclamation of the date the Sixth day of January Jaj viic and one years; In pursuance of the forsaid acts of parliament have in Like maner prohibited and discharged the Importing of any grain or victuall from the said kingdome of Ireland from and after the date of the forsaid proclamation under the paines and Certificationes contained in the forsaid acts of parliament; And Wee Considering the best and fittest way for makeing the Saids acts effectuall and puting the Same to due and vigerous executione To be that Some persone or persones of vigilancie and fidelitie be Commissioned and Impowered with carefulnes to appoint deputes Servants and others to watch alongst the Sea Coasts at Such places wher the said victuall uses to be Imported Therfore wee with the advice of the Lords of our privy Councill Doe hereby Give and grant Full power authority and Commission to Laurance Crafurd of Jordanhill by himself his deputes and Servants and Such others as he shall think fitt to appoint (For whom he Shall be answerable) To putt all Lawes acts and proclamationes against Importing of Irish grain or victuall to due and vigerous execution dureing the Standing of this Commission; And for that effect to Search for Seize and apprehend all Irish victuall Imported from Ireland and this kingdome Since the first day of February last by past (not allowed of by the Lords of privy Councill) And that for and within the bounds betwixt the thrie March Stones at the Mouth of Lochryanbee wet Glenney being the March betwixt the Shirifdomes of Air and Galloway wnto the Sound of Mull inclusive whither on the Main or Isles belonging to this kingdome within the Saids bounds, Which victuall So Imported the said Lawrance Crafurd of Jordanhill and these intrusted and Imployed by him are hereby authorized and Requyred to Secure effectually without Suffering the Same in the least to be disposed upon or Imbazled untill the Seizures be represented to our Councill and their Lordships order hade theranent Which the saids Lowrance Crafurd and his forsaids are hereby bound punctually to obey; As also to seize upon and apprehend and to take into their Custodie the boats Barks and other vissells wherin the said victuall Shall be Imported which are hereby declared to be Confiscat to be disposed upon as the Lords of our Councill Shall appoint; As also to intromitt with and dispose upon the half of the fynes Imposed upon the Importers resetters or heritors by the saids acts of parliament for their oun use; and for the more effectuall executione of this our Commission; Wee with advice forsaid Grant full power warrand and authority to the Said Laurance Craufurd of Jordanhill and his forsaids within the bounds abovementioned to Seize all barks passadge Boatts whither Scots or Irish untill the Skippers and owners therof find Caution that they shall not Import Irish victuall; With power to our said Commissioner and his forsaids to Search for all boats barks or other vessells wherin any Irish victuall may be Suspected to be aboard in order to be Imported; And upon discoverie therof to put the Lawes and acts of parliament made against Importing victuall from Ireland to all vigirous execution; and if upon pregnant presumptions our said Commissioner or these intrusted by him shall suspect any persones guilty of Importing Irish victuall into this kingdome or resetting therof; They are hereby Impowered and authorized to Conveen any Such person or persones before the Nearest magistrates of Burgh or Landward And to Lead all maner of probation against them for Convicting them therof, Wherupon the Saids Magistrats are to give present and readie Justice and all Shirriffs Stewarts Baillies of Regallities and Burrowes and all heritors to give their Speedy assistance to our Said Commissioner; And these intrusted by him when ever they Shall be requyred for the more effectuall execution hereof; and also the officers of any of our Garisons or troops Shall be oblidged to concurr and assist with a partie of Souldiers as they Shall be desired upon any extraordinary occasion; And the Said Lowrance Crafurd of Jordanhill and these intrusted by him are hereby Impowered with Consent of the Magistrats of the place Conforme to and in the termes of the forsaids acts of parliament to send any person to prison found guilty of Contraveening the saids Laws and acts of parliament made against Importing of Irish victuall into this kingdome and resett therof The Said Magistrates being free of the prisoners charges and incaice any persone or persons Shall make open resistance against the said Lowrance Crafurd and his forsaids or any called to their assistance; The Said Lowrance Crafurd and these intrusted or Imployed by him for giveing assistance to them Shall never be called in question or pursued therfore Civilly or Criminally in time comeing but he and they are hereby fully freed and indemnified therof for ever with power also to the said Lowrance Crafurd and his forsaids to Search for and Seize all Irish victuall that hath been Imported before the said first of February and is yet extant; as also to Call in question pursue and Cause punish all transgressors of the saids acts and proclamationes preceeding the forsaid first day of February, as Likewayes to enquyre into all Malversationes of former Commissioners and their deputs in the discharge of ther Saids Commissiones; and to take the exact information and tryall therof and how the Same may be proven, and to report the Same to our Councill That they may be duely punished and that betwixt and the tenth day of June nixt to come; And it is hereby Declared That the said Lawrance Crafurd of Jordanhill before takeing out of this present Commission shall find Caution that for every boat of Irish victuall that Shall be Imported within the bounds forsaid after the day and date hereof and Shall not be seized by him or these intrusted by him he Shall be Lyable to pay to the receiver of our Crown rents the Soume of One hundred pounds Sterling Unless at least they Seize upon the Men and victuall and resetters therof within twentie dayes after the boat has made its escape and give ane accompt therof to the Lords of our privy Councill; which Shall exoner protanto As Likewayes he Shall find Caution to be Lyable in the Like pain of ane hundred pounds Sterling for every seizure of Irish victuall he shall make and not secure and report to our Councill within twentie dayes therafter in maner above provided; And for the said Lowrance Crafurd of Jordanhill his farder encouragment 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 And Likewayes Shall grant him Such furder allowance for his paines and Sallarie as they Shall find his dilligence to deserve And this Commission to endure and Continue ay and whill the Samen be recalled Given under our Signet at Edinburgh the Nynth day of March 1703 Sic Subscribitur Seafeild cancellar, Loudoune Findlator Roseberrie. James Murray. James Steuart C Campbell. Robert Stewart. Geoge Lockhart.

[9 March 1703] Eodem Die Post Meridiem

A1703/3/281

Commission by the Council

Commission In favors of Crafurd of Jordanhill anent the Importation of Irish victuall

Anne by the Grace of God Queen of Great Brittaine France and Ireland defender of the faith; To all and Sundrie and our Leidges whom it effeirs; Forasmuchas the Importing of Irish victuall of any sort into this kingdome is discharged by severall Lawes and acts of parliament under the paines and Certificationes therincontained; as also wee with advice of the Lords of our privy Councill by our proclamation of the date the Sixth day of January Jaj viic and one years; In pursuance of the forsaid acts of parliament have in Like maner prohibited and discharged the Importing of any grain or victuall from the said kingdome of Ireland from and after the date of the forsaid proclamation under the paines and Certificationes contained in the forsaid acts of parliament; And Wee Considering the best and fittest way for makeing the Saids acts effectuall and puting the Same to due and vigerous executione To be that Some persone or persones of vigilancie and fidelitie be Commissioned and Impowered with carefulnes to appoint deputes Servants and others to watch alongst the Sea Coasts at Such places wher the said victuall uses to be Imported Therfore wee with the advice of the Lords of our privy Councill Doe hereby Give and grant Full power authority and Commission to Laurance Crafurd of Jordanhill by himself his deputes and Servants and Such others as he shall think fitt to appoint (For whom he Shall be answerable) To putt all Lawes acts and proclamationes against Importing of Irish grain or victuall to due and vigerous execution dureing the Standing of this Commission; And for that effect to Search for Seize and apprehend all Irish victuall Imported from Ireland and this kingdome Since the first day of February last by past (not allowed of by the Lords of privy Councill) And that for and within the bounds betwixt the thrie March Stones at the Mouth of Lochryanbee wet Glenney being the March betwixt the Shirifdomes of Air and Galloway wnto the Sound of Mull inclusive whither on the Main or Isles belonging to this kingdome within the Saids bounds, Which victuall So Imported the said Lawrance Crafurd of Jordanhill and these intrusted and Imployed by him are hereby authorized and Requyred to Secure effectually without Suffering the Same in the least to be disposed upon or Imbazled untill the Seizures be represented to our Councill and their Lordships order hade theranent Which the saids Lowrance Crafurd and his forsaids are hereby bound punctually to obey; As also to seize upon and apprehend and to take into their Custodie the boats Barks and other vissells wherin the said victuall Shall be Imported which are hereby declared to be Confiscat to be disposed upon as the Lords of our Councill Shall appoint; As also to intromitt with and dispose upon the half of the fynes Imposed upon the Importers resetters or heritors by the saids acts of parliament for their oun use; and for the more effectuall executione of this our Commission; Wee with advice forsaid Grant full power warrand and authority to the Said Laurance Craufurd of Jordanhill and his forsaids within the bounds abovementioned to Seize all barks passadge Boatts whither Scots or Irish untill the Skippers and owners therof find Caution that they shall not Import Irish victuall; With power to our said Commissioner and his forsaids to Search for all boats barks or other vessells wherin any Irish victuall may be Suspected to be aboard in order to be Imported; And upon discoverie therof to put the Lawes and acts of parliament made against Importing victuall from Ireland to all vigirous execution; and if upon pregnant presumptions our said Commissioner or these intrusted by him shall suspect any persones guilty of Importing Irish victuall into this kingdome or resetting therof; They are hereby Impowered and authorized to Conveen any Such person or persones before the Nearest magistrates of Burgh or Landward And to Lead all maner of probation against them for Convicting them therof, Wherupon the Saids Magistrats are to give present and readie Justice and all Shirriffs Stewarts Baillies of Regallities and Burrowes and all heritors to give their Speedy assistance to our Said Commissioner; And these intrusted by him when ever they Shall be requyred for the more effectuall execution hereof; and also the officers of any of our Garisons or troops Shall be oblidged to concurr and assist with a partie of Souldiers as they Shall be desired upon any extraordinary occasion; And the Said Lowrance Crafurd of Jordanhill and these intrusted by him are hereby Impowered with Consent of the Magistrats of the place Conforme to and in the termes of the forsaids acts of parliament to send any person to prison found guilty of Contraveening the saids Laws and acts of parliament made against Importing of Irish victuall into this kingdome and resett therof The Said Magistrates being free of the prisoners charges and incaice any persone or persons Shall make open resistance against the said Lowrance Crafurd and his forsaids or any called to their assistance; The Said Lowrance Crafurd and these intrusted or Imployed by him for giveing assistance to them Shall never be called in question or pursued therfore Civilly or Criminally in time comeing but he and they are hereby fully freed and indemnified therof for ever with power also to the said Lowrance Crafurd and his forsaids to Search for and Seize all Irish victuall that hath been Imported before the said first of February and is yet extant; as also to Call in question pursue and Cause punish all transgressors of the saids acts and proclamationes preceeding the forsaid first day of February, as Likewayes to enquyre into all Malversationes of former Commissioners and their deputs in the discharge of ther Saids Commissiones; and to take the exact information and tryall therof and how the Same may be proven, and to report the Same to our Councill That they may be duely punished and that betwixt and the tenth day of June nixt to come; And it is hereby Declared That the said Lawrance Crafurd of Jordanhill before takeing out of this present Commission shall find Caution that for every boat of Irish victuall that Shall be Imported within the bounds forsaid after the day and date hereof and Shall not be seized by him or these intrusted by him he Shall be Lyable to pay to the receiver of our Crown rents the Soume of One hundred pounds Sterling Unless at least they Seize upon the Men and victuall and resetters therof within twentie dayes after the boat has made its escape and give ane accompt therof to the Lords of our privy Councill; which Shall exoner protanto As Likewayes he Shall find Caution to be Lyable in the Like pain of ane hundred pounds Sterling for every seizure of Irish victuall he shall make and not secure and report to our Councill within twentie dayes therafter in maner above provided; And for the said Lowrance Crafurd of Jordanhill his farder encouragment 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 And Likewayes Shall grant him Such furder allowance for his paines and Sallarie as they Shall find his dilligence to deserve And this Commission to endure and Continue ay and whill the Samen be recalled Given under our Signet at Edinburgh the Nynth day of March 1703 Sic Subscribitur Seafeild cancellar, Loudoune Findlator Roseberrie. James Murray. James Steuart C Campbell. Robert Stewart. Geoge Lockhart.

1. NRS, PC1/52, 532-5.

1. NRS, PC1/52, 532-5.