D1701/3/25
D1701/3/252
Sederunt
Lord Chancelor; Earl of Crafurd; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Advocat; Lord Thesaurer deput; Lord Aberuchill; Lord Crocerig; Mr Francis Montgomrie
No privat Busines this sederunt
1. NRS, PC2/28, 73v.
2. NRS, PC2/28, 73r.
1. NRS, PC2/28, 73v.
2. NRS, PC2/28, 73r.
A1701/3/22
A1701/3/221
Procedure
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.
A1701/3/21
A1701/3/211
Act
This booked here per Licet2
Anent the Petition given in to the Lords of His Majesties privy Councill by Agnes Campbell his Majesties printer Shewing That where the deceast Andrew Anderson her husband having obtained a Gift under the great Seall, for payment of a Composition in Exchequer and other weighty reasons giving him his hats and Successors the Sole Right of printing within this Kingdom, and which was ratified in parliament and often Confirmed by decreets and acts of Councill upon Compearance and debate, and all persons were discharged during the tyme Limited in the said Gift, To print or to Import into this Kingdom any books in whatever airt, Faculty or Language, Which he his heirs or Successors, Should at any tyme print, without his or their Licence Except in sua farr as the Said Gift was restricted out of meer favour by his Consent, as is more fully contained in the Gift and decreets of Councill following theron. Their petitioner upon the faith and Encouradgement of the forsaid gift and Severall acts and decreets of Councill above mentioned hath so farr advanced the art of printing, That altho in our neighbour nation, The printers upon the very designing of any Extraordinary and Expensive work use not only to Join together in the Expenss, but also gett considerable Encouradgements and gratuities from the publick: Yet their Petitioner for the Credit of this Kingdom, did by Her self undertake, and hes now near finished the printing of Mr Mathew Pools annotations on the holy Bible, with Clarks Harmony on the Evangelists not contained in the English book which hes occasioned a great Expenss, and which She has carryed throw, notwithstanding of many discouragements, and in some manner threats of the English and She may boldly say, That Her work is better done and upon fyner paper, then that done in the English nation She hes also begun Editions of Durham and Flavels works, which the English are likeways carrying on at the same tyme, upon the Faith and hopes of getting Subscriptions in Scotland to their proposals, thinking therby to ruine their petitioners design and consequently her press; She is also printing a Treatise by Mr Daniell Campbell on the Saccrament called the frequent and devout Communicant, and Some of Mr Craigheads sermons and the Encouragement She Craves from their Lordships is what she humbly conceived is her Right from the Gift it self viz That no printer or other person whatsomever be allowed to print reprint or to Import into this Kingdom any of the forsaids books already printed or to be printed by her under the pain of Confiscation and Such other punishment, as their Lordships think fitt. Their petitioner took only leave to represent to their Lordships That She hes so farr Improven the art of printing in this Kingdom, That Her printing house is equall and perhaps exceeds any printing house in England, and the Encouragement of her work tends, very much towards the mantenance of a great many families. The Generall assembly hade so farr considered the usefulness of this undertaking, That they have Recommended to all noblemen, Gentlemen ministers and others within this Kingdom, to give her their Concurrence and assistance, which is all She could demand of them, And Therfore Humbly Craving their Lordships to Consider the premises and discharge the printing or reprinting or the Importation of any works printed or undertaken by these petitioner and particularly of the works abovementioned under the Certifications and penalties contained in her Gift, viz The Confiscation of the books So printed or Imported, the one half to His Majesty and the other half to her, And to grant her warrand to Seaze any books Imported printed or Reprinted contrary to the Said Prohibition, as also to discharge all Tacksman of the Customs, Collectors Waiters Surveyers, to Suffer or Connive at the Importation of the Saids books, and to appoint Such other Certifications as their Lordships should find necessary to whom the Said matter is Recommended by the Gift and act of Parliament ratifying the Same, as the said petition bears. The Lords of His Majestys privy Councill having heard the above petition given in to them by Agnes Campbell, Relict of Andrew Anderson his majesties printer read in their presence, They upon the Sixth day of march last, nominated and appointed, The Earles of Lauderdale and Leven, The Lords President of Session and Thesaurer deput, Mr Francis Montgomry and the Provost of Edinburgh to be a Committy to Consider the said petition with the gift in favours of His Majestys printer how farr the Samen doth or may Extend and Recommended them to meet the morrow morning at ten ackloak in the forenoon, and declared any three of them to be a Sufficient quorum, and Recommended to them to make their Report with their first Conveniency. Which being again this day3 Considered by the Saids Lords of Her Majestys privy Councill, They heirby Recommend to the Lords of the Committy appointed upon the above petition given in by the Relict of Andrew Anderson His majestys printer, To authorize and Impower the said Mrs Anderson to print Pools annotations, Mr Durhams work, Mr Daniell Campbells books anent the Sacrament of the Lords Supper and Craigheads Sermons, and Impowers the said Committy not only to give the said Mrs Anderson Liberty to print the Saids books, but likeways to grant her the Sole priviledge for printing of the same and to discharge all persons whatsomever to print these books for Such number of years as they think fitt, The Said Committee being always first Satisfyed as to the Fyness and Sufficiency of the paper and Types to be made use of and Imployed by her in printing of the saids works or books, and to declare that if any of these works or books shall be printed by any other person within this Kingdom during the Space forsaid, The Same Shall be Seazed upon and Confiscat by the said Mrs Anderson and applyed to her own propper use, and behoove, And the Saids Lords of His Majestys privy Councill have refused and heirby Refuses the desyre of Mrs Andersons petition given in to them as to Flavells works, and heirby allowes these works to be printed Imported and Lord by any person quhatsoever.
1. NRS, PC1/52, 199-201.
2. Marginal note: ‘Act In favors of Mrs Andersone of the date the 14 March, is booked after the 20th instance per licet.’ But here moved to correct date
3. The phrase ‘this day’ is an insertion.
1. NRS, PC1/52, 199-201.
2. Marginal note: ‘Act In favors of Mrs Andersone of the date the 14 March, is booked after the 20th instance per licet.’ But here moved to correct date
3. The phrase ‘this day’ is an insertion.
A1701/3/20
A1701/3/201
Procedure
The Commission underwrittin being Read was voted approven and Signed 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 Lords and acts of parliament under the pains and Certifications therincontained, As also Wee with advice of the Lords of our privy Councill by our proclamation of the date the Sixth day of January last by past in pursuance of the forsaids acts of parliament Have in like manner prohibited and discharged the Importing of any grain or 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 Commissioned and Impowered with carefulness, to appoint deputs Servants and others to watch alongst the Sea Coast at such places where the said victuall uses 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 John Alexander of Blackhouse by himself his deputs and Servants and Such others as he Shall appoint, for whom he is to be answerable to put all Laws acts and proclamations against Importing of Irish Grain or victuall to due and vigorous Execution, and for that Effect to Search for, Sease and apprehend all Irish victuall Imported from Ireland into this Kingdom Since the Sixth day of January last by past, (not allowed off by the Lords of our privy Councill) and that for and within the bounds betwixt the three march Stones at the mouth of Lochryan betwixt Glennap being the march betwixt the Sheriffdoms of Air and Galloway unto the Sound of Mull Inclusive whither on the main or Isles belonging to this Kingdom within the Saids bounds, which victuall So Imported The Said John Alexander of Black house and these Intrusted and Imployed 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 Vessells, wherin 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 behove, Together with the half of the Fynes, Imposed 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 John Alexander of Blackhouse and his forsaids within the bounds abovementioned, to Seaze all barks passadge 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 other Vessells, wherin any Irish victuall may be Suspected to be aboard, in order to be Imported and upon discovery therof, to put the Laws and acts of parlaiment made against Importing victuall from Ireland to all vigorous Execution, and if upon pregnant presumptions our said Commissioner or these Intrusted by him Shall Suspect any persons guilty of Importing Irish victuall into this Kingdom, They are heirby Impowreed and authorized to Conveen any Such person or persons before the nearest magistrats of brugh or Landwart, and to lead all manner of probation against them for Convicting them therof wherupon the Saids magistrats are to give present and ready Justice, and all Sheriffs Stewarts Baillies of Regalities and Barronies and all heretors, are heirby ordered to give their Speedy assistance to our Said Circumstances and this Intrusted by him, whenever they shall be required for the more effectuall Execution heirof, and also the officers of any of our garrisons 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 John Alexander of Blackhouse and these Intrusted by him are heirby Impowered 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 John Alexander and his forsaids or any Called to their assistance, The Said John Alexander and these Intrusted or Imployed by him or giving assistance to them, Shall never be Called in question or pursued therfor Civilly or Criminally in tyme coming, but he and they are heirby fully freed and Indemnifyed therof forever, And Its heirby declared That the Said John Alexander 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 Intrusted by him, she Shall be lyable to pay to the Receaver of our Crown 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 its esckape and give ane account therof to the Lords of our privy Councill which Shall Exoner pro tanto, and for the Said John Alexander his farder Encouradgement wee with advice forsaid allow him, To retain and apply for his own use and behoove the half of the Fynes provided 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 this present Commission be recalled, Given under our Signet att Edinburgh The forteenth day of March, 1701 Sic Subscribitur Marchmont Cancellar: Lauderdale Leven, Tarbat, Forbes, James Steuart, Adam Cockburne C Campbelle, David Home F Montgomerie.
1. NRS, PC1/52, 195-7.
1. NRS, PC1/52, 195-7.
A1701/3/19
A1701/3/192
Sederunt
Lord Chancellor; Earl of Crafurd; Earl of Lauderdale; Earl of Annandale; Earl of Leven; Viscount Tarbat; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Lord Crosrigg; Mr Fra: Montgomry
1. NRS, PC1/52, 195.
2. NRS, PC1/52, 195.
1. NRS, PC1/52, 195.
2. NRS, PC1/52, 195.