Scottish Privy Council Records

Att Edinburgh the Ellevinth day of December one thousand Seven hundreth and fyve years

A1705/12/6¹

Proclamation

Proclamation explaining some clauses in the Commission for hindering the Importation of Irish victuall

Anne by the Grace of God Queen of Great Brittaine; France and Irland defender of the faith To […] Meacers of our privie Councell Messengers at armes our Shirreffs in that pairt Conjunctllie and Severallie Speciallie constitut Greeting, Forasmuchas by the severall acts of parliament the Importation of Irish victuall, and Irish horse, Kyne, and other Irish Cattell whatsomever, and all kind of Irish beeff, are Severaly prohibite wnder the pains therinmentioned to the great benefite and advantage of this kingdome, For which cause and for preventing all abuses contrary to the saids acts, and for the more exact performance and due execution therof, and the direction of all concerned, Especiallie of the Commissioners appointed by our privie Councell in the forsaid affair, Wee have thought fitt to explain and declaire the poynts following Therfore wee with advyce of the Lords of our privie Councell Doe in the first place declaire that wnder the forsaid designation of Irish kine, or other Irish cattell whatsomever, and all kind of Irish beeff, all Cattell great and Small, Sheep and others, as also all carcases or any pairt therof that may be for the food and Sustenance of man, are Comprehended, and wnderstood to be prohibite as if exprest in the saids acts, Secondly for explication of the forsaid prohibition of victuall ther is nothing to be excepted, Save that of the provision of vessells comeing from Irland, If they be Top-Saill vessells, Twentie four Stone of all victuall or graine whatsomever, with two Stone of butter and two Stone of Cheese, And of brocken beeff, mutton, pork or other flesh not exceeding the quantitie of ane herring barrell, Is only allowed, And if they be lesser vessells, Sixteen Stone of all graine or victuall whatsomever, with ane Stone and ane halfe of butter and ane Stone and ane half of Cheese, and proportionallie of flesh is only allowed, With this express declaration that no pairt of the said provision allowed, Shall be unloaded or brought on Shoar in any pairt of this realme, but Still keept aboard for the use of the saids vessells, wnder the pain in case of contravention, off the penalties and certifications contained in the saids acts Thirdly That for preventing all fraud in this matter, wnder the collour of transporting of victuall from one port or place to another in this kingdome, The provision in the act of parliament 1703. be Strictly observed viz wherby it is Statute and ordained that the transporters therof Shall bring certificats from the heretors or ther Factors, upon whose land the said victuall transported grew, testifieing the Same in the pryces, quantitie, and qualitie to be the growth therof, which certificate Shall be first Showen to the Judge ordinary of the port or place, to which the said transport is made befor the victuall be libered or unloaded, otherwayes the said victuall Shall be holden to be unlawfullie imported, And the importers, recepters, sellers, retaillers and the buyers lyable to all the pains of the said act, Lykeas the granters of the saids certificats if found to be false, or if the said Judge at the port or place to which the transport is pretended to be made Shall faillie in his duty, or anywayes connive against the true meaning of this act, they Shall be Lyable in the Same pains as if wnlawfull Importers, And Lastly Because to elide the pains appoynted by the saids acts against transgressors, wnder the degree of heretors, That they Shall be delyvered to Scots officers to be transported by them for recruits, when once discovered and convict, old men and women are often found to be imployed in the forsaid wnlarfull Import for evading of the forsaid personall punishment Therfor it is declaired that all Judges concerned are heirby authorized to punish the forsaids persons uncapable of the said personall punishment exprest in the said act, Corporallie in their bodies, If not eable to pay any fyne that may be thought Just (Lyfe and limb alewayes excepted) which explication and Intimation heirby declaired as said is, are to be observed Conforme to the forsaids acts of parliament In all poynts Our Will is Heirfore and wee charge yow strictly and Command that incontinent thir our Letters seen ye pass to the mercat cross of Edinburgh and other places needfull and therat in our name and authority, make publication heirof, that non pretend ignorance Given under our Signet att Edinburgh the Elevinth day of December, and of our reigne the fourth year 1705. Sic Subscribitur Queensberie C.P.S. Sutherland. Craufurd, Buchan Lauderdale. J Mortoun. Levine Findlater. Stair. Cromartie. Glasgow. Haddo. Hew Dalrymple W Anstruther.

Att Edinburgh 11 December 1705

A1705/12/6¹

Proclamation

Proclamation explaining some clauses in the commission for hindering the importation of Irish victual

Anne by the grace of God queen of Great Britain, France, and Ireland, defender of the faith, to […] macers of our privy council, messengers at arms, our sheriffs in that part conjunctly and severally specially constituted, greeting. Forasmuch as by the several acts of parliament the importation of Irish victual, and Irish horse, cows, and other Irish cattle whatsoever, and all kind of Irish beef, are severally prohibited under the pains therein mentioned, to the great benefit and advantage of this kingdom, for which cause and for preventing all abuses contrary to the said acts, and for the more exact performance and due execution thereof, and the direction of all concerned, especially of the commissioners appointed by our privy council in the foresaid affair, we have thought fit to explain and declare the points following. Therefore we with advice of the lords of our privy council do in the first place declare that under the foresaid designation of Irish cows, or other Irish cattle whatsoever, and all kind of Irish beef, all cattle great and small, sheep and others, as also all carcases or any part thereof that may be for the food and sustenance of man, are comprehended, and understood to be prohibited as if expressed in the said acts. Secondly for explication of the foresaid prohibition of victual there is nothing to be excepted, save that of the provision of vessels coming from Ireland, if they be topsail vessels, 24 stone of all victual or grain whatsoever, with two stone of butter and two stone of cheese, and of broken beef, mutton, pork, or other flesh not exceeding the quantity of one herring barrel, is only allowed, and if they be lesser vessels, sixteen stone of all grain or victual whatsoever, with one stone and one half of butter and one stone and one half of cheese, and proportionally of flesh is only allowed, with this express declaration that no part of the said provision allowed, shall be unloaded or brought on shore in any part of this realm, but still kept aboard for the use of the said vessels, under the pain in case of contravention of the penalties and certifications contained in the said acts. Thirdly that for preventing all fraud in this matter, under the colour of transporting of victual from one port or place to another in this kingdom, the provision in the act of parliament [of] 1703 be strictly observed viz whereby it is statute and ordained that the transporters thereof shall bring certificates from the heritors or their factors, upon whose land the said victual transported grew, testifying the same in the prices, quantities, and quality to be the growth thereof, which certificate shall be first shown to the judge ordinary of the port or place, to which the said transport is made before the victual be freed or unloaded, otherwise the said victual shall be held to be unlawfully imported, and the importers, receivers, sellers, retailers, and the buyers liable to all the pains of the said act. Likewise the granters of the said certificates, if found to be false, or if the said judge at the port or place to which the transport is pretended to be made, shall fail in his duty, or in any way connive against the true meaning of this act, they shall be liable in the same pains as if unlawful importers. And lastly because to elide the pains appointed by the said acts against transgressors, under the degree of heritors, that they shall be delivered to Scots officers to be transported by them for recruits, when once discovered and convicted, old men and women are often found to be employed in the foresaid unlawful import for evading of the foresaid personal punishment, therefor it is declared that all judges concerned are hereby authorised to punish the foresaid persons incapable of the said personal punishment expressed in the said act corporally in their bodies, if not able to pay any fine that may be thought just (life and limb always excepted), which explication and intimation hereby declared as said is, is to be observed conform to the foresaid acts of parliament in all points. Our will is therefore and we charge you strictly and command that immediately these our letters [are] seen you pass to the mercat cross of Edinburgh and other places needful and thereat in our name and authority, make publication hereof, that non pretend ignorance. Given under our signet at Edinburgh 11 December, and of our reign the fourth year 1705. Sic Subscribitur Queensberry privy seal; Sutherland; Crawford; Buchan; Lauderdale; Morton; Leven; Findlater; Stair; Cromartie; Glasgow; Haddo; Hew Dalrymple; W[illiam] Anstruther.

1. NRS, PC1/53, 433-4.