Procedure, 14 March 1701, Edinburgh

Procedure, 30 December 1701, Edinburgh

Att Edinburgh The Fourteenth day of March Jaj viic and one years

A1701/3/221

Procedure

Commission To Captain McCulloch for Staving Irish Victuall

This Commission is booked here per Licet.2
The Commission underwrittin being Read, was voted approven and Signed and ordered to be Recorded. wherof the tenor Follows
William by the grace of God King of Great Brittain France and Ireland defender of the faith To all and Sundry our Leidges whom it Effeirs, greeting Forasmuchas The Importing of Irish Victuall of any Sort into this Kingdom Is discharged by severall laws and acts of parliament under the pains and Certifications therin contained, As also wee with advice of the Lords of our privy Councill by our proclamation of the date, The Sixth day of January last bypast, In pursuance of the forsaids acts of parliament, Have in like manner prohibited and discharged3 the Importing any grain of Victuall from the said Kingdom of Ireland from and after the date of the forsaid Proclamation under the pains and Certifications contained in the forsaids acts of parliament, And Wee Considering the best and fittest way for making the saids acts Effectuall and putting the Same to due and Vigorous Execution to be That Some person or persons of vigilance and fidelity Be Commissionat and Impowered with carefulness to appoint Servants deputs and others To watch alongst the Seacoasts at Such places where the said Victuall dyes to be Imported, Therfore Wee with advice of the Lords of our privy Councill do heirby give and grant full power authority and Commission To Captain John McCulloch att Innermessen by himself his deputs and Servants and Such others as he Shall think fitt to appoint for whom he is to be answerable, To put all Laws acts and proclamations against Importing of Irish grain or victual to due and vogorous Execution, and for that Effect to Search for Seaze and apprehend all Irish victuall Imported from Ireland into this Kingdom, Since4 Said Sixth day of January last bypast (not allowed off by the Lords of our Privy Councill) and that for and within the bounds, betwixt the burgh and Town of Dumfreis to the Three March Stones at the Mouth of Lochryan bewest Glennap being the march betwixt the Sheriffdoms of Air and Galloway Inclusive whither on the main or Isles belonging to this Kingdom within the Saids bounds, which Victuall So Imported, The said Captain McCulloch, and these Intrested and Employed by him are heirby authorized and Required To Stave Sink and destroy, and to Seaze upon and apprehend and take into their Custody the Boats Barks and other Vessills therin the said victuall Shall be Imported, which are heirby declared to be Confiscat to be disposed upon at their pleasure for their own use and behooff, Together with the half of the Fynes Impozed upon the Importers, Resetters or Heretors by the Saids acts of parliament, and for the more Effectuall Execution of this our Commission, Wee with advice forsaid grant full power warrant and authority to the Said Captain McCulloch and his forsaids within the bounds abovementioned. To Seaze all barks passage boats whither Scottish 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 any Vessells wherin any Irish Victuall may be Suspected to be Exported and upon discovery therof to put the Laws and acts of parliament made against Importing Victuall from Ireland, to all vigorous Execution and if upon prignant presumptions, our said Commissioner or these Intrusted by him, shall Suspect any persons guilty of Importing Irish victuall into this Kingdom, They are heirby Empowered and authorized, To Conveen any Such person or persons before the nearest Magistrats of burgh or Landward, and to lead all manner of probation against them for Convicting them therof, wherupon the Saids Magistrats are to give Speedy and ready Justice, and all Shirreffs Stewarts, Baillies of Regalities and barronies and all Heretors are heirby ordered to give their Speedy assistance to our Said Commissioner and these Intrusted by him whenever they shall be required for the more effectuall Execution heirof, and also the officers of any of our garisons or troops Shall be oblidged to concurr and assist with a pairty of Souldiers as they Shall be desyred upon any Extraordinary occasion, and the Said Captain McCulloch and these Intrusted by him are heirby Impowred with Consent of the Magistrats of the place conform to and in the Terms 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 Kingdom, The Saids Magistrats being free of the prisoners Charges, and in caice any person or persons shall make open Resistance against the said Captain McCulloch and his forsaids or any Called to his assistance, The Said Captain McCulloch and these Intrusted and Imployed by him or giving assistance to them, Shall never be called in question or pursuid therfor civily or criminaly in tyme coming, But he and they were heirby fully freed and Indemnifyed therof forever, And It is heirby declared that the said Captain McCulloch, before taking out of this present Commission Shall find Caution That for every boat of Irish victuall that shall be Imported within the bounds forsaids after the day and date heirof and Shall not be Seazed by him or these Intrested by him, He Shall be lyable to pay to the Reecover of our Corwn Rents The Soume of one Hundered pounds Sterling unless at least they seaze upon the men and victuall and Resetters therof within Twenty days after the boat hes made it Escape and give ane account therof To the Lords of our privy Councill, which shall Exonner pro tanto, And for the said Captain McCulloch his farder Encouragement, Wee with advice forsaid allow him to retain and apply for his own use and behoove the half of the Fynes provyded and payable to us by the Laws and acts of parliament made against Importing of Irish victuall, and this Commission to endure and Continue ay and while the Samen be Recalled by the Lords of our privy Councill, Given under our Signet at Edinburgh The Fourteenth day of March and of our Reign the Twelfth year. 1701 Sic Subscribitur Marchmont Cancellar: Lauderdale, Leven, Tarbat, Forbes, James Steuart, Adam Cockburne, C Campbell David Home, F Montgomerie.

Att Edinburgh The Fourteenth day of March Jaj viic and one years

A1701/3/221

Procedure

Commission To Captain McCulloch for Staving Irish Victuall

This Commission is booked here per Licet.2
The Commission underwrittin being Read, was voted approven and Signed and ordered to be Recorded. wherof the tenor Follows
William by the grace of God King of Great Brittain France and Ireland defender of the faith To all and Sundry our Leidges whom it Effeirs, greeting Forasmuchas The Importing of Irish Victuall of any Sort into this Kingdom Is discharged by severall laws and acts of parliament under the pains and Certifications therin contained, As also wee with advice of the Lords of our privy Councill by our proclamation of the date, The Sixth day of January last bypast, In pursuance of the forsaids acts of parliament, Have in like manner prohibited and discharged3 the Importing any grain of Victuall from the said Kingdom of Ireland from and after the date of the forsaid Proclamation under the pains and Certifications contained in the forsaids acts of parliament, And Wee Considering the best and fittest way for making the saids acts Effectuall and putting the Same to due and Vigorous Execution to be That Some person or persons of vigilance and fidelity Be Commissionat and Impowered with carefulness to appoint Servants deputs and others To watch alongst the Seacoasts at Such places where the said Victuall dyes to be Imported, Therfore Wee with advice of the Lords of our privy Councill do heirby give and grant full power authority and Commission To Captain John McCulloch att Innermessen by himself his deputs and Servants and Such others as he Shall think fitt to appoint for whom he is to be answerable, To put all Laws acts and proclamations against Importing of Irish grain or victual to due and vogorous Execution, and for that Effect to Search for Seaze and apprehend all Irish victuall Imported from Ireland into this Kingdom, Since4 Said Sixth day of January last bypast (not allowed off by the Lords of our Privy Councill) and that for and within the bounds, betwixt the burgh and Town of Dumfreis to the Three March Stones at the Mouth of Lochryan bewest Glennap being the march betwixt the Sheriffdoms of Air and Galloway Inclusive whither on the main or Isles belonging to this Kingdom within the Saids bounds, which Victuall So Imported, The said Captain McCulloch, and these Intrested and Employed by him are heirby authorized and Required To Stave Sink and destroy, and to Seaze upon and apprehend and take into their Custody the Boats Barks and other Vessills therin the said victuall Shall be Imported, which are heirby declared to be Confiscat to be disposed upon at their pleasure for their own use and behooff, Together with the half of the Fynes Impozed upon the Importers, Resetters or Heretors by the Saids acts of parliament, and for the more Effectuall Execution of this our Commission, Wee with advice forsaid grant full power warrant and authority to the Said Captain McCulloch and his forsaids within the bounds abovementioned. To Seaze all barks passage boats whither Scottish 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 any Vessells wherin any Irish Victuall may be Suspected to be Exported and upon discovery therof to put the Laws and acts of parliament made against Importing Victuall from Ireland, to all vigorous Execution and if upon prignant presumptions, our said Commissioner or these Intrusted by him, shall Suspect any persons guilty of Importing Irish victuall into this Kingdom, They are heirby Empowered and authorized, To Conveen any Such person or persons before the nearest Magistrats of burgh or Landward, and to lead all manner of probation against them for Convicting them therof, wherupon the Saids Magistrats are to give Speedy and ready Justice, and all Shirreffs Stewarts, Baillies of Regalities and barronies and all Heretors are heirby ordered to give their Speedy assistance to our Said Commissioner and these Intrusted by him whenever they shall be required for the more effectuall Execution heirof, and also the officers of any of our garisons or troops Shall be oblidged to concurr and assist with a pairty of Souldiers as they Shall be desyred upon any Extraordinary occasion, and the Said Captain McCulloch and these Intrusted by him are heirby Impowred with Consent of the Magistrats of the place conform to and in the Terms 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 Kingdom, The Saids Magistrats being free of the prisoners Charges, and in caice any person or persons shall make open Resistance against the said Captain McCulloch and his forsaids or any Called to his assistance, The Said Captain McCulloch and these Intrusted and Imployed by him or giving assistance to them, Shall never be called in question or pursuid therfor civily or criminaly in tyme coming, But he and they were heirby fully freed and Indemnifyed therof forever, And It is heirby declared that the said Captain McCulloch, before taking out of this present Commission Shall find Caution That for every boat of Irish victuall that shall be Imported within the bounds forsaids after the day and date heirof and Shall not be Seazed by him or these Intrested by him, He Shall be lyable to pay to the Reecover of our Corwn Rents The Soume of one Hundered pounds Sterling unless at least they seaze upon the men and victuall and Resetters therof within Twenty days after the boat hes made it Escape and give ane account therof To the Lords of our privy Councill, which shall Exonner pro tanto, And for the said Captain McCulloch his farder Encouragement, Wee with advice forsaid allow him to retain and apply for his own use and behoove the half of the Fynes provyded and payable to us by the Laws and acts of parliament made against Importing of Irish victuall, and this Commission to endure and Continue ay and while the Samen be Recalled by the Lords of our privy Councill, Given under our Signet at Edinburgh The Fourteenth day of March and of our Reign the Twelfth year. 1701 Sic Subscribitur Marchmont Cancellar: Lauderdale, Leven, Tarbat, Forbes, James Steuart, Adam Cockburne, C Campbell David Home, F Montgomerie.

1. NRS, PC1/52, 225-7.

2. Marginal note: ‘Commission Captain McCulloch for Staving Irish victuall of this date, but it not being found when this was booked, is booked after Arile per Licet.’ But here moved to correct date.

3. The letter ‘r’ is an insertion.

4. A word has been blotted out at this point in the MS.

1. NRS, PC1/52, 225-7.

2. Marginal note: ‘Commission Captain McCulloch for Staving Irish victuall of this date, but it not being found when this was booked, is booked after Arile per Licet.’ But here moved to correct date.

3. The letter ‘r’ is an insertion.

4. A word has been blotted out at this point in the MS.