Judicial Proceeding, 10 December 1700, Edinburgh

[4 April 1700] Eodem die Post Meridiem

D1700/4/6

D1700/4/6¹

Decreet

Decreit Certificatione Mr John Buchan agent for the Royall Burrowes Against Severall Skippers for breaking the Staple port

Anent the Lybell or letters of Complaint raised and pursued before the Lords of his Majesties privy Councill at the instance of Mr John Buchan agent for the Royal burrowes with concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwryten Makeing Mention That wher by the severall acts of Parliament and especially by the act James the sixth parliament 15 Caput 258 It is Statute That no Shipp pass in to the Low Countries; Land any mans goods Bot at the ordinary Staple which then was and now is the Toune of Camphire in Zetland, And that no person give on Land or take any thing out of the Shipp untill his aryvall ther under the payne of Ten pounds Fleymish, and that the Conservator Should take the Merchants and Skippers oathes theranent Likeas by severall acts of the Conventione of the Royall Burrowes the forsaids Lawes establishing the priviledges of the Staple are furder inlarged and explained and particularly by ane act of the said Convention dated the Eight day of July J^aj vi^c Eightie years all former acts made anent transgressors of the Stapleport are revived with this addition That in all time therafter each Ship per that should transport any Staple goods to any part in the Neitherlands escapt the Staple port should be Lyable in payment of ane Thousand merks And the Merchant in the payment of Twentie fyve per cent, According to the value of the goods And the Agent of the Royall burrowes is ordained to put the forsaid act to punctuall executione and to uplift the said fynes and to be Comptable to the Royall Burrowes for the Same, all which acts of Convention have in the forsaid Subjects the force of Lawes, Likeas ther haveing been lately a Treattie betwixt Commissioners appointed by his Majestie as Marques of Camphire And the Commissioners of the Toune of Camphire and the Royall Burrowes Concerning the Continuatione and reestablishment of the Staple port of this kingdome within the forsaid Toun The Staple port of this kingdome for the Neitherlands Is by Contract reestablished and Setled at the said Town of Camphire and this Contract ² Ratified and approven by his Majestie And the Staits of Zelland, And the Convention of the Royall Byrrowes an³ the one and other parts Wherupon his Majestie with the advise of the Lords of his Majesties privy Councill Did by their proclamatione of the Threttein of March last Requyre and Command all his Majesties Subjects to give due and punctuall obedience to the Lawes and acts of parliament and all other acts of the Lords of his Majesties privy Councill or Exchaquer relateing to the said Staple port, and to the acts of the Conventione of burrowes made for the observing of the Staple port, Declairing all of them to be in full force, and farder his Majestie with advice forsaid, Did prohibit and Discharge all Merchants and Skippers or any other person to export furth of this kingdome any goods ware or Commodities which are or shall be declared to be Staple Commodities to any other port or place of the Unitted Provinces, Bot only to the said Staple port, and toune of Camphire under the paynes abovementioned, Ordaineing the said paynes to be exacted from the transgressors with all riggour, and that they be furder proceeded against as the saids Lords of privy Councill shall think fitt and find Cause Likeas all Tacksmen and Collectors of the Customes and their Sub-Collectors and Surveyers with their Clerks and all Clerks of Cocquets are requyred to take Sufficient Security from the merchants Skippers Saillers and transporters of the saids goods to the Neitherlands That they shall observe the premisses and that they shall not break bulk before their arryvall at the said staple port Conforme to the act of parliament and that these exporters shall report Certificats from the Conservator or his deputes at Camphire that the said staple Commodities were Livered ther without breaking bulk as they will be answerable to the saids Lords of privy Councill theranent Notwithstanding it is of verity That Captain John Brown Skipper in Leith in the Moneth of July or August J^aj vi^c Nyntie Nyne years or some one or other of the Moneths of the said year or Sincelyne exported furth of this kingdome by himself or ane insett skipper in his name by his order and for his behoove to Rotterdame in Holland or some other port in the Unitted Provinces of the Neitherlands and not to the said Staple port of Camphire a great quantitie of wooll sheep skines or other Staple Commodities And Sicklike […] Hachmonttie Skipper in Leith in July or August J^aj vi^c Nyntie Nyne or Some one or other of the moneths of the said year at Since Syne Exported furth of this kingdome to Rotterdame, and not to the Said Staple port of Camphire a great quantity of wooll sheep skines and other Staple Commodities And Sicklike John Scot Skiper in Montross in the Moneths of August or September J^aj vi^c nyntie nyne years or some one or other of the moneths of the said year or Sincesyne Exported furth of this kingdome to Rotterdame and not to the said staple port of Camphire a great quantitie of Salmond and other Staple Commodities And Sicklike Robert Stewart Merchant in Bamff in the saids moneths of August or September J^aj vi^c nyntie nyne years or some one or other of the moneths of the said year or Since Syne Exported furth of this kingdome to Rottardame and not to the said staple port of Camphire a great quantitie of Salmond and other Staple Commodities The Said Robert Went merchant in the said John Scotts skipper or in some other, and so he is equally guilty of breaking of staple port with the said skippers And Sicklike […] Reid Some time mate to the deceast Alexander Small Skipper in Ellie in the saids moneths of August or September J^aj vi^c nyntie nyne years Or Some ane or Other of the moneths of the said year or Since Syne exported furth of this kingdome to Amsterdame, and not to the said staple port of Camphire a great quantitie of […]and other Staple Commodities And Sicklike William Farnweather Skiper at Dundie in September or October J^aj vi^c Nyntie Nyne years or some ane or other of the moneths of the said year or Since Syne Exported furth of this kingdome to Rotterdame And not to the said staple port of Camphire a great quantities of Skinnes fingrams plaides and other Staple Commodities And Sicklike William Cuthbertsone Skipper in Prestonpans in the Moneth of October or November J^aj vi^c Nyntie Nyne years or some ane or other Moneths of the said year be Since Syne Exported furth of this kingdome to Amsterdame And not to the said staple port of Camphire a great quantitie of Cloathes and other staple Comodites And Sicklike John Hage Skipper in Prestonpans in May June or July J^aj vi^c Nyntie Nyne years Or some ane or other of the moneths of the said year or Sincesyne Exported furth of this kingdome to Rotterdame and not to the said Stapleport of Camphire and a great quantity of Wooll Skines and other Staple goods And Sicklike the said John Hage in November or December the said year Or some ane or other of the moneths of the said year or since syne Exported furth of this kingdame to the said port of Rotterdame and not to the said staple port of Camphire great quantities of wooll Skinnes and other Staple goods And Sicklike Alexander Glassfoord Skipper in Borrowstounes in the Moneths of August or September J^aj vi^c Nyntie Nyne years, or some ane or other of the moneths of the said year or since syne Exported furth of this kingdome to Rotterdame And not to the said Staple port of Camphire great quantities of pack good and other Staple Commodities And Sicklike James Steidman SKiper in Borrowstounes in the moneths of November or December J^aj vi^c Nyntie Nyne years or Some one or other of the moneths of the said year or since syne exported furth of this kingdome to Rotterdame and not to the said Staple port of Camphrie Butter Skinnes and other Commodities And Sicklike […] Dobie Skipper in Borrowstounes in the Moneths of November or december J^aj vi^c Nyntie Nyne years, or some ane or other of the moneths of the said year or Since syned Exported furth of this kingdome to Rotterdame and not to the said Staple port of Camphire great quantities of Butter Sheep Skinnes and other Staple Commodities And Sicklike James Killoch Skipper at Inverness in the Moneth of January or February J^aj vii^c years instant Exported furth of this kingdom to Rotterdame, and not to the said staple port of Camphire a Shipes Loading of Salmond Cloath Tallow and other Staple Commodities And Sicklike Alexander Glass Skiper in […] in the moneth of January J^aj vii^c years instant Exported furth of this kingdome aither by himself or ane insett skipper in his name and for his behoove or by his order to Rotterdame and not to the said Staple port of Camphire a great quantitie of Butter Tallow, hydes Skines and other Staple Commodities, And Sicklike James Mitchell Skipper in […] in the moneths of december J^aj vi^c Nyntie Nyne years January or February J^aj vii^c years instant Exported furth of this kingdome to Rotterdame and not to the Staple port of Campheir a great quantitie of Tallow, hydes and other staple Commodities And Sicklike Mark Stark Skiper in Borrowstounes in the moneths of December J^aj vi^c nyntie nyne years January or February J^aj vii^c years instant Exported furth of this kingdome by himself or ane insett skipper in his name by his order and for his behoove to Rotterdame and not to the said Steple port of Camphire a great quantitie of Tallow and other Staple Commodities And sicklike David Dunbar Skiper in Borrowstounes in the moneth of January or February J^aj vii^c years instant Exported furth of this kingdome to and not to the said staple port of Camphire great quantities of Tallow, hydes, and other Staple Commodities And Sicklike Thomas Cassills Skiper in Borrow Stouness in the moneths of December J^aj vi^c nyntie nyne and January or February J^aj vii^c years instant Exported furth of this kingdome to Rotterdame and not to the said staple port of Camphire great quantities of Wooll and other staple Commodities, And Sicklike Walter Nimo Skiper in Borrowstouness in the Moneths of January or February J^aj vii^c years instant Exported furth of this kingdome to Rotterdame and not to the said staple port of Camphire great quantities of wooll and other Staple Commodities And Lastly […] Geddes Skiper in Ellie in the Moneths of August or September J^aj vi^c nyntie nyne or ane or other of the moneths of the said year or Since Syne Exported furth of this kingdome to Rotterdame and not to the said staple port of Camphire great quantities of Wooll Skines and other Staple Commodities, And alse the forsaid Skiper and merchants after the forsaid skipers and Merchants after they hade brought the said Staple goods and Commodities to the ports above mentioned Refused to cary the Samen overland to the said Staple port of Camphire wher they might have been free all Customes for their Staple goods, Likeas George Kendall Clerk of the Corkets at Leith, Alexander Seatton Clerk of the Corquets at Prestonpans Hary Wyllie Clerk of the Corquets at Borrowstounes […] Maitland Clerk of the Corquets at Dundie, Androw Craik Clerk of the Corquets at Montross […] Clerk of the Corquets at Innverness […] Reid Clerk of the Cocquets at Ellie and William Dalziell Clerk of the Corquets of Pittenweyme Did wilfully Ommitt to take Cautione and Security from these and other Merchants and Skippers and transporters of the Saids goods Conforme to the Command of the forsaid acts and proclamationes Which Ommissiones of the saids Clerks of Cocquets is the Sourse of all these disorders By All Which It is evident That the above Complained upon Skippers merchants and Clerks of Cocquets all of them or ane or other of them are guilty Airt and part of transgressing the forsaid Lawes and acts of Convetion, and proclamationes made therupon, Which being proven They Ought the saids Skiper and exporters to be fyned each of them in the Soume of Ane Thousand merks Scots and the said John Hoge in two Thousand merks haveing twyce transgressed half to the Royall burrowes and half to the Conservator Conforme to the saids acts of the Royall Burrowes, And the saids exporters and Clerks of Cocquets Ought also to be farder punished in their persones and goods as the saids Lords of privy Councill Should think fitt To the example and terror of Others to Committ or doe the like in time comeing And Anent the Charge given to the said defenders to have Compeared personally before the saids Lords of his Majesties privy Councill this Second day of Aprill instant To have answered to the grounds of the above Complaint and to have heard Such order and Course taken theranent as the Saids Lords of privy Councill Should find Just As in the forsaid Lybell or Letters of Complaint raised in the said matter and executiones therof at more Lenth is Contained Which Lybell being this day called in presence of the saids Lords of his Majesties privy Councill And the pursuar Compearing personally With Sir James Stewart his Majesties advocat Who Compeared as advocat for the pursuer And Declared that he past from James Steidman Skipper in Borrowstouness And the haill defenders Called for Viz John Bodie Skipper at Borrowstouness Alexander Glassfoord skipper their Walter Nimo Skipper ther David Dumbar Skiper ther James Steidman Skiper their Thomas Cassills Skiper their […] Mitchell Skipper their George Clerk Clerk to the Cocquets at Leith John Brown Skipper ther […] Auchmouttie Skiper their James Killoch Skipper ⁴ skiper att Innverness John Hogg Skiper in Prestonpons, William Cuthbertson skyper ther William Fourweather skiper in Dundie William Dalzell Clerk of the Cocquetts at Pittenweyme and Anstruther, John Scot Skipper in Montross Alexander Reid Mate to the deceast Alexander Small in Ellie and William Reid baillie ther and Clerk of the Cockets ther Being all Lawfullie cited oft times called and not Compearing The Lybell being read and Considered and the said Lord advocat haveing Craved Certification against the haill defenders Except the said James Steidman And to shew his Lordships formes in the matter Declared he was Content that all extracting of the said Certification be superceeded till the fiftein day of June nixt to come And the saids Lords haveing Considered the Lybell They hereby Grant Certificatione against the haill defenders abovementioned Except the said James Steidman who is past from, In Respect of their absence and not Compearance And Ordaines Letters of Denunciation of Denunication⁵ to be direct to macers or messengers at armes Commanding them to pass to the Marcat cross of […] and other places needfull And their in his Majesties name and authoritie duely Lawfullie and orderly denunce the disobeyers his Majesties rebells and to ordaine all their Moveable goods and geir to be escheat and inbrought to his Majesties use for that Contempt and disobedience.
Nota after elapseing of the said fiftein day of June mentioned in the above interloquitor Ther is Letters of denunciation extended upon the above decreit of Certification or interloquitor only against John Dobie Alexander Glassfoord Walter Nimmo, David Dumbar Thomas Cassills George Kendall […] Auchmouttie James Killoch John Hogg William Cuthbertsone William Fourweather, William Dalzell John Scott Alexander Reid and William Reid, And the rest of the defenders in the Letters is made mentione That they are past from by my Lord advocat Notwithstanding of the above decreit of Certificatione or interloquitors abovementioned.