Tag Archives: April

Act, 2 April 1701, Edinburgh

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Att Edinburgh the second day of Apryll 1701

D1701/4/41

Act

Act Mr Charles Dallas anent Importing tuo Carpets

Anent the petition given in and presented to the Lords of His Majesties privie Councill by Charles Dallas vintner in Edinburgh Humbly Shewing That where the petitioner had in December last at London put aboard of James Laues ship for Leith tuo second hand Carpet tablecloths for his oune use in the ship Tavernes As the shipps bill of Loadning did testifie And since the said time there is by the last parliament ane act made prohibiting all English goods and particularly Carpets And since the said act The Tacksmen and Collectors not only refused to admitt the petitioner to ane entrie But hes seized on the samen And Therfore Humbly Craveing The saids Lords to consider the premises And to grant warrand to the Tacksmen and their Collectors to admitt the petitioner to ane entrie of the saids Carpets As their Lordship had bein pleased to grant to others in the same Circumstances As the said petition bears The Lords of His Majesties privie Councill haveing considered the above petition given in to them by the said Mr Charles Dallas They heirby Give order and warrand to the Tacksmen of his Majesties Customes and to their Collectors, Clerks, survyors, waiters and other officers to allow the petitioner to enter the saids tuo second hand Carpett table cloaths wpon payment of the ordinary and accustomed duties therfore

Att Edinburgh the second day of Apryll 1701

D1701/4/41

Act

Act Mr Charles Dallas anent Importing tuo Carpets

Anent the petition given in and presented to the Lords of His Majesties privie Councill by Charles Dallas vintner in Edinburgh Humbly Shewing That where the petitioner had in December last at London put aboard of James Laues ship for Leith tuo second hand Carpet tablecloths for his oune use in the ship Tavernes As the shipps bill of Loadning did testifie And since the said time there is by the last parliament ane act made prohibiting all English goods and particularly Carpets And since the said act The Tacksmen and Collectors not only refused to admitt the petitioner to ane entrie But hes seized on the samen And Therfore Humbly Craveing The saids Lords to consider the premises And to grant warrand to the Tacksmen and their Collectors to admitt the petitioner to ane entrie of the saids Carpets As their Lordship had bein pleased to grant to others in the same Circumstances As the said petition bears The Lords of His Majesties privie Councill haveing considered the above petition given in to them by the said Mr Charles Dallas They heirby Give order and warrand to the Tacksmen of his Majesties Customes and to their Collectors, Clerks, survyors, waiters and other officers to allow the petitioner to enter the saids tuo second hand Carpett table cloaths wpon payment of the ordinary and accustomed duties therfore

1. NRS, PC2/28, 77v-78r.

1. NRS, PC2/28, 77v-78r.

Act, 2 April 1701, Edinburgh

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Att Edinburgh the second day of Apryll 1701

D1701/4/31

Act

Act William Mirrie Merchant in Edinburgh for entering some Hatts

Anent the petition given in and presented to the Lords of His Majesties privie Councill By William Mirie Merchant in Edinburgh Humblie Shewing That where the petitioner being at London in the Moneths of December and January last Did shipp aboard of James Law skipper his ship on the seventh of February last six Dozon and tuo hatts and whih goods were bought at London the beginning of February last before the petitioner could come to the Knouledge of the act of parliament prohibiting such goods Att which time the petitioner bought and shipped also tuo old Carpets and six peices of stamped Callico as will appear by the Envoy and bill of Loadning shouen to the saids Lords And which goods the Tacksmen refused to enter without their Lordships warrant Therfore Craveing the saids Lords to allow the petitioner ane entrie of this saids goods he being nowayes intentionally a contraveener of the act of parliament And the samen goods being shipped before he could come to the knouledge of the said prochibitory act Especially Being their Lordships did grant the like warrant to James Mitchell Merchant in Edinburgh allowing the entrie of a box of hatts in the said ship As the said petition bears The Lords of His Majesties privie Councill haveing considered the above petitione given in to them by the said William Mirrie They hereby give order and warrand to the Tacksmen of His Majesties Customes their Collectors and Clerks Survyors, Waiters and others officers to allow the petitioner to enter the above six Dozen and tuo hatts and six peices of stamped Calligoe wpon payment of the ordinary and accustomed duties therfore

Att Edinburgh the second day of Apryll 1701

D1701/4/31

Act

Act William Mirrie Merchant in Edinburgh for entering some Hatts

Anent the petition given in and presented to the Lords of His Majesties privie Councill By William Mirie Merchant in Edinburgh Humblie Shewing That where the petitioner being at London in the Moneths of December and January last Did shipp aboard of James Law skipper his ship on the seventh of February last six Dozon and tuo hatts and whih goods were bought at London the beginning of February last before the petitioner could come to the Knouledge of the act of parliament prohibiting such goods Att which time the petitioner bought and shipped also tuo old Carpets and six peices of stamped Callico as will appear by the Envoy and bill of Loadning shouen to the saids Lords And which goods the Tacksmen refused to enter without their Lordships warrant Therfore Craveing the saids Lords to allow the petitioner ane entrie of this saids goods he being nowayes intentionally a contraveener of the act of parliament And the samen goods being shipped before he could come to the knouledge of the said prochibitory act Especially Being their Lordships did grant the like warrant to James Mitchell Merchant in Edinburgh allowing the entrie of a box of hatts in the said ship As the said petition bears The Lords of His Majesties privie Councill haveing considered the above petitione given in to them by the said William Mirrie They hereby give order and warrand to the Tacksmen of His Majesties Customes their Collectors and Clerks Survyors, Waiters and others officers to allow the petitioner to enter the above six Dozen and tuo hatts and six peices of stamped Calligoe wpon payment of the ordinary and accustomed duties therfore

1. NRS, PC2/28, 77r-77v.

1. NRS, PC2/28, 77r-77v.

Act, 2 April 1701, Edinburgh

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Att Edinburgh the second day of Apryll 1701

D1701/4/21

Act

Act Robert Luke Merchant in Glasgow for entering some prohibit goods

Anent the petition given in and presented to the Lords of His2 Majesties privie Councill by Robert Luke Merchant in Glasgow Humbly Shewing That where the petitioner being abroad in Holand in January last towards the disposeing of some goods and effects he had there at the time and with the product therof Did buy ane certain quantitie of Hollands ware amongst which there is a small parcell of Calicoes, Handkirches and others And haveing put the saids goods aboard John Hoggs ship of Borroustonness who arryved therewith at Borroustouness the seventh or eight instant when the petitioner went to the Customehouse to enter the saids goods The Collector and other officers Refused to admitt the saids Callicoes, Handkerchefs and etc to ane entrie In respect of the late act of parliament prohibiting the Import thereof And seing the petitioner being abroad as said is and Ignorant of the said act of parliament did foresee no hazard in buying and Importing the saids goods and that they arryved at Borroustouness and were offered to ane entrie within the space of Fourty dayes after the promulgation of the said act Which space is alloued for makeing the same publict and that the refuseing to enter the said goods would be or eman to ruine the petitioner a youngman in the beginning of his trade And that the saids Lords in Justice had alloued other Merchants in Like caise to enter their goods Therfore Humblie Craveing to the effect aftermentioned As the said petition bears The Lords of His Majesties privie Councill haveing considered the above petition given in to them by the said Robert Luke They heirby Give order and warrand to the Tacksmen of His Majesties Customes, Collector; Clerks, surveyors, Waiters, and other officers to suffer and permitt the petitioner to enter his goods amongst which there is the above parcell of Callioes Handkerchefs and others and to receave the ordinary duties therfore

Att Edinburgh the second day of Apryll 1701

D1701/4/21

Act

Act Robert Luke Merchant in Glasgow for entering some prohibit goods

Anent the petition given in and presented to the Lords of His2 Majesties privie Councill by Robert Luke Merchant in Glasgow Humbly Shewing That where the petitioner being abroad in Holand in January last towards the disposeing of some goods and effects he had there at the time and with the product therof Did buy ane certain quantitie of Hollands ware amongst which there is a small parcell of Calicoes, Handkirches and others And haveing put the saids goods aboard John Hoggs ship of Borroustonness who arryved therewith at Borroustouness the seventh or eight instant when the petitioner went to the Customehouse to enter the saids goods The Collector and other officers Refused to admitt the saids Callicoes, Handkerchefs and etc to ane entrie In respect of the late act of parliament prohibiting the Import thereof And seing the petitioner being abroad as said is and Ignorant of the said act of parliament did foresee no hazard in buying and Importing the saids goods and that they arryved at Borroustouness and were offered to ane entrie within the space of Fourty dayes after the promulgation of the said act Which space is alloued for makeing the same publict and that the refuseing to enter the said goods would be or eman to ruine the petitioner a youngman in the beginning of his trade And that the saids Lords in Justice had alloued other Merchants in Like caise to enter their goods Therfore Humblie Craveing to the effect aftermentioned As the said petition bears The Lords of His Majesties privie Councill haveing considered the above petition given in to them by the said Robert Luke They heirby Give order and warrand to the Tacksmen of His Majesties Customes, Collector; Clerks, surveyors, Waiters, and other officers to suffer and permitt the petitioner to enter his goods amongst which there is the above parcell of Callioes Handkerchefs and others and to receave the ordinary duties therfore

1. NRS, PC2/28, 76v-77r.

2. Corrected from ‘Her’.

1. NRS, PC2/28, 76v-77r.

2. Corrected from ‘Her’.

Sederunt, 2 April 1701, Edinburgh

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Att Edinburgh the second day of Apryll 17011

D1701/4/12

Sederunt

Lord Chancelor; Earl of Lauderdale; Earl of Annandale; Earl of Forfar; Viscount Tarbat; Lord Polwarth; Lord Forbes; Lord Advocat; Lord Thesaurer deput; Lord Aberuchill; Lord Crocerig; Lord Phesdo; Laird of Grant; Lord provost of Edinburgh

Att Edinburgh the second day of Apryll 17011

D1701/4/12

Sederunt

Lord Chancelor; Earl of Lauderdale; Earl of Annandale; Earl of Forfar; Viscount Tarbat; Lord Polwarth; Lord Forbes; Lord Advocat; Lord Thesaurer deput; Lord Aberuchill; Lord Crocerig; Lord Phesdo; Laird of Grant; Lord provost of Edinburgh

1. NRS, PC2/28, 76v.

2. NRS, PC2/28, 76v.

1. NRS, PC2/28, 76v.

2. NRS, PC2/28, 76v.

Act, 4 April 1700 (pm), Edinburgh

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[4 April 1700] Eodem die Post Meridiem

D1700/4/71

Act

Act The Lady Naper

Anent the petition given in to the Lords of his Majesties privy Councill be Margret Lady Napier Shewing That there being a Chist of wrytes of the deceast Mr John Ellies advocat in the hands of the saids Lords Clerkes and being there severall wrytes and evidents of the petitioners estate of Napier wherof She is heiress with which Mr John hade been intrusted as a Lawier And Therfore Humbly Craveing the saids Lords would give order and Warrand to their Clerks To delyver the petitioner such wrytes as concerne her Lands and estate upon Inventar and recept as the said petitione bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above Lady Naper They hereby Allow their Clerks by themselves their deputs or servants To Cause Make Inventar of the petitioners wrytes of the estate of Napier and others lying in ther hands in a Leather Trunk to be Reported to and Considered by the Lords of privy Councill before they be delyvered up, and appoints this Inventaring to be made at the sight, or by the order of the Lord Aberuchill or the Lord Crossrig.

[4 April 1700] Eodem die Post Meridiem

D1700/4/71

Act

Act The Lady Naper

Anent the petition given in to the Lords of his Majesties privy Councill be Margret Lady Napier Shewing That there being a Chist of wrytes of the deceast Mr John Ellies advocat in the hands of the saids Lords Clerkes and being there severall wrytes and evidents of the petitioners estate of Napier wherof She is heiress with which Mr John hade been intrusted as a Lawier And Therfore Humbly Craveing the saids Lords would give order and Warrand to their Clerks To delyver the petitioner such wrytes as concerne her Lands and estate upon Inventar and recept as the said petitione bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above Lady Naper They hereby Allow their Clerks by themselves their deputs or servants To Cause Make Inventar of the petitioners wrytes of the estate of Napier and others lying in ther hands in a Leather Trunk to be Reported to and Considered by the Lords of privy Councill before they be delyvered up, and appoints this Inventaring to be made at the sight, or by the order of the Lord Aberuchill or the Lord Crossrig.

1. NRS, PC2/27, 339v.

1. NRS, PC2/27, 339v.

Decreet, 4 April 1700 (pm), Edinburgh

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[4 April 1700] Eodem die Post Meridiem

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 Jaj vic 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 Jaj vic 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 Jaj vic 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 Jaj vic 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 Jaj vic 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 Jaj vic 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 Jaj vic 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 Jaj vic 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 Jaj vic 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 Jaj vic 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 Jaj vic 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 Jaj vic 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 Jaj viic 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 Jaj viic 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 Jaj vic Nyntie Nyne years January or February Jaj viic 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 Jaj vic nyntie nyne years January or February Jaj viic 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 Jaj viic 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 Jaj vic nyntie nyne and January or February Jaj viic 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 Jaj viic 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 Jaj vic 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.

[4 April 1700] Eodem die Post Meridiem

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 Jaj vic 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 Jaj vic 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 Jaj vic 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 Jaj vic 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 Jaj vic 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 Jaj vic 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 Jaj vic 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 Jaj vic 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 Jaj vic 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 Jaj vic 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 Jaj vic 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 Jaj vic 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 Jaj viic 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 Jaj viic 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 Jaj vic Nyntie Nyne years January or February Jaj viic 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 Jaj vic nyntie nyne years January or February Jaj viic 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 Jaj viic 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 Jaj vic nyntie nyne and January or February Jaj viic 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 Jaj viic 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 Jaj vic 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.

1. NRS, PC2/27, 335r-340r.

2. The word ‘and’ scored out here.

3. The letter ‘e’ scored out here.

4. The words ‘ther, William Fourteinth skiper at’ scored out here.

5. Sic.

1. NRS, PC2/27, 335r-340r.

2. The word ‘and’ scored out here.

3. The letter ‘e’ scored out here.

4. The words ‘ther, William Fourteinth skiper at’ scored out here.

5. Sic.

Sederunt, 4 April 1700 (pm), Edinburgh

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[4 April 1700] Eodem die Post Meridiem1

D1700/4/52

Sederunt

Lord Chancelor; Earl of Lauderdale; Earl of Forfar; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Lord Crossrig; Laird of Stivinson; Lord Provest of Edinburgh

[4 April 1700] Eodem die Post Meridiem1

D1700/4/52

Sederunt

Lord Chancelor; Earl of Lauderdale; Earl of Forfar; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Lord Crossrig; Laird of Stivinson; Lord Provest of Edinburgh

1. NRS, PC2/27, 335r.

2. NRS, PC2/27, 335r.

1. NRS, PC2/27, 335r.

2. NRS, PC2/27, 335r.

Act, 4 April 1700, Edinburgh

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Att Edinburgh The Fourth day of Aprill one thousand seven hundred years Ante Meridiem

D1700/4/41

Act

Act Sir John Campbell of Carrick and others

Anent a petition given in to the Lords of his Majesties privy Councill be Sir John Campbell of Carrick, Donald Campbell of Rachan and Colline Campbell of Ardinbine Shewing That albeit the petitioners have decreits and dilligences against severall highlanders in Lochaber and Elsewher for Nottour roberies and publict way takeing of their Cowes horses and other goods belonging to themselves and tennents, yet Cannot have access to the saids highlanders their persanes nor goods without the Concurrance of Some part of his Majesties forces which was denyed them wanting the saids Lords order to the Commanding officer upon the place to that effect, And Therfore humbly Supplicating the saids Lords to the effect aftermentioned as the said petitione more fully bears, The Lords of his majesties privy Councill haveing Considered the above petition given in to them by Sir John Campbell of Carrick, Donald Campbell of Bochean and Collin Campbell of Ardentenie They hereby gives and grants full warrant to Bridgadeer Maitland Governor of his Majesties Garison at Fort William to give Concurrance and Assistance to the petitioners in putting any legall dilligence raised at either of their instances upon all sentances or decreets pronounced by the Lords of his Majesties privy Councill or the Lords of Session to furder executione as accords in Law.

Att Edinburgh The Fourth day of Aprill one thousand seven hundred years Ante Meridiem

D1700/4/41

Act

Act Sir John Campbell of Carrick and others

Anent a petition given in to the Lords of his Majesties privy Councill be Sir John Campbell of Carrick, Donald Campbell of Rachan and Colline Campbell of Ardinbine Shewing That albeit the petitioners have decreits and dilligences against severall highlanders in Lochaber and Elsewher for Nottour roberies and publict way takeing of their Cowes horses and other goods belonging to themselves and tennents, yet Cannot have access to the saids highlanders their persanes nor goods without the Concurrance of Some part of his Majesties forces which was denyed them wanting the saids Lords order to the Commanding officer upon the place to that effect, And Therfore humbly Supplicating the saids Lords to the effect aftermentioned as the said petitione more fully bears, The Lords of his majesties privy Councill haveing Considered the above petition given in to them by Sir John Campbell of Carrick, Donald Campbell of Bochean and Collin Campbell of Ardentenie They hereby gives and grants full warrant to Bridgadeer Maitland Governor of his Majesties Garison at Fort William to give Concurrance and Assistance to the petitioners in putting any legall dilligence raised at either of their instances upon all sentances or decreets pronounced by the Lords of his Majesties privy Councill or the Lords of Session to furder executione as accords in Law.

1. NRS, PC2/27, 334v.

1. NRS, PC2/27, 334v.

Warrant, 4 April 1700, Edinburgh

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Att Edinburgh The Fourth day of Aprill one thousand seven hundred years Ante Meridiem

D1700/4/31

Warrant

Warrant for Briadeer Maitland to repair to Edinburgh

The Lords of his Majesties privy Councill Doe hereby Allow Brigadeer Maitland Governor of his Majesties Garisone at Fort-William to repair to the City of Edinburgh against the first weeks of may nixt for attending his necessary affairs in that place.

Att Edinburgh The Fourth day of Aprill one thousand seven hundred years Ante Meridiem

D1700/4/31

Warrant

Warrant for Briadeer Maitland to repair to Edinburgh

The Lords of his Majesties privy Councill Doe hereby Allow Brigadeer Maitland Governor of his Majesties Garisone at Fort-William to repair to the City of Edinburgh against the first weeks of may nixt for attending his necessary affairs in that place.

1. NRS, PC2/27, 334v.

1. NRS, PC2/27, 334v.

Warrant, 4 April 1700, Edinburgh

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Att Edinburgh The Fourth day of Aprill one thousand seven hundred years Ante Meridiem

D1700/4/21

Warrant

Warrant for a Foreloaff to Captain Billinghame

Anent the Memorandum or adress given in to the Lords of his Majesties privy Councill be Captain Bullinghame Livetennant in the Castle of Dumbarton Shewing That the said Captain Bullinghame haveing severall necessar affairs which requyre his presence out of this kingdome in the Kingdome of Ingland Humbly beseeching the saids Lords would be pleased to grant him a foreloaff from his office in the forsaid Castle to the effect he may attend his necessar affairs in England, The Lords of his Majesties privy Councill Haveing Considered the above adress presented to them be the above Captain Charles Billinghame They hereby allow a Forloff to the said Captain Charles Billinghame from the date hereof to the first day of July nixt to come inclusive to the effect he may repair to England and attend his necessar affairs in that kingdom and returne to his office in Dumbarton Castle again the said day.

Att Edinburgh The Fourth day of Aprill one thousand seven hundred years Ante Meridiem

D1700/4/21

Warrant

Warrant for a Foreloaff to Captain Billinghame

Anent the Memorandum or adress given in to the Lords of his Majesties privy Councill be Captain Bullinghame Livetennant in the Castle of Dumbarton Shewing That the said Captain Bullinghame haveing severall necessar affairs which requyre his presence out of this kingdome in the Kingdome of Ingland Humbly beseeching the saids Lords would be pleased to grant him a foreloaff from his office in the forsaid Castle to the effect he may attend his necessar affairs in England, The Lords of his Majesties privy Councill Haveing Considered the above adress presented to them be the above Captain Charles Billinghame They hereby allow a Forloff to the said Captain Charles Billinghame from the date hereof to the first day of July nixt to come inclusive to the effect he may repair to England and attend his necessar affairs in that kingdom and returne to his office in Dumbarton Castle again the said day.

1. NRS, PC2/27, 334r.

1. NRS, PC2/27, 334r.