Edinburgh the Thrid day of August Jaj vjc nyntie thrie post meridiem
D1693/8/2
D1693/8/2
Act
Act The heritors of Mid-Lothian
Anent a Petition given in to the Lords of their Majesties privy Councill be the noblemen and gentlmen heritors of Mid-lothian Shewing That quher by the 29th act of the first parliament King James the Sixth Maltmen are Declaired to be no Craft as alsoe by the 15th act of Parliament 2d King Charles 2d Ane act of the toune Councill of Edinburgh dated the Eleventh day of march Jaj vjc Fourtie six Ranking Maltmen and Brewers amongst their trades and Callings and Discharging any to be admitted therto within their barrony of Leith but by their Licence Is Declaired null and voyd And ordained to be Razed out of the registers Notwithstanding quherof the toune Councill of Edinburgh hath most boldly taken on them to emitt a proclamation Discharging any of the inhabitants of Leith to top or sell any aile that is Imported from the countrey, which act the petitioner humbly conceive to be a new and unwarrantable incroachment on their priviledges contrare to the Lawes of Society Impairing the kings excyss and extreamly prejudiciall to the petitioners intrest Primo Because Easculenta and proculenta being continually necessary for the support and preservation of human liffe, It has ever been thought by the comon consent of all nationes That no restraint can be put on these without doeing violence to the law of nature, And the toune of Leith being amongst the most populous in Scotland they may Lawfullie provide themselves of what the kingdom produces wher it can be most advantadgeously had Bot more especially of the aile and bear which requyres Constant and perpetuall consumptione Secundo If this monopolie be sustained as to Leith they may at the same rate when they think fitt Impose on the Cannogate and Edinburgh it self to the enorm lesion of the petitioners who by this means shall not find Sale for their bearar be forced to sell it at what rate the priviledged brewars of Edinburgh pleases to give Tertio the brewars in the yeard heads of Leith pay no lese yearly to the king then twentie thousand merks And if the by Discharged to Import ale they must of necessitie give over brewing, And it will be found that this loss not easiely made up by that society of brewars which the toune Councill of Edinburgh proceided to errect Quarto if this act be sustained in ther favors it will be in their power to brew aile as their pleasure Because ther being a necessitie of drinking And the tapsters being oblidged only to take from them they are sure to gett it off though it were never so bad, Which drawes a great many inconveniences allongst with it Quinto By the late act of Parliament giveing two penies of the pynt to the toune of Edinburgh they are Impowered to make seazure of any aile Imported from the Countrey within their priviledges without paying the new Impositione which clearly evinces that the parliament never intended to discharge the Importing of citie from the shyre And that the Importers are alse free as others on payment of the two penies of the pynt which the brewars of the shyre were and are still willing to doe and have offered the same by instrument Sexto These brewers have been in possession to Import ale to Leith and Edinburgh past memory of man And were never interupted till now And Seing by our Law seven years possession gives the benefite of a possessory Judgment And the matter being of great Import and a generall concerne And Therfore Humbly Craveing the saids Lords to interpose their authoritie that the brewers of the shyre may not be Sumarly dispossest of their ancient rights and privildges And in the mean time to order the toune Councill of Edinburgh To recall their act And the brewars to Continue their protectione till the toune of Edinburgh shall obtain a declarator of their pretended rights before the Judge Ordinar in forme as accords The Lords of their Majesties privy Councill Haveing heard this petition given in to them be the heritors of the shyre of Edinburgh Read in their presence They Allow the magistrats of Edinburgh to see and answer the same against the fast ordinary Councill day in september nixt, And in the mean time stopps the effect of the act of the toune Councill of Edinburgh Complained upon in the above petitione And Discharges the Same to be put to executione Bot Declaires that the brewars in the yeard heads are to doe as formerly before omitting the said act or proclamation of the toune Councill
Edinburgh the Thrid day of August Jaj vjc nyntie thrie post meridiem
D1693/8/2
Act
Act The heritors of Mid-Lothian
Anent a Petition given in to the Lords of their Majesties privy Councill be the noblemen and gentlmen heritors of Mid-lothian Shewing That quher by the 29th act of the first parliament King James the Sixth Maltmen are Declaired to be no Craft as alsoe by the 15th act of Parliament 2d King Charles 2d Ane act of the toune Councill of Edinburgh dated the Eleventh day of march Jaj vjc Fourtie six Ranking Maltmen and Brewers amongst their trades and Callings and Discharging any to be admitted therto within their barrony of Leith but by their Licence Is Declaired null and voyd And ordained to be Razed out of the registers Notwithstanding quherof the toune Councill of Edinburgh hath most boldly taken on them to emitt a proclamation Discharging any of the inhabitants of Leith to top or sell any aile that is Imported from the countrey, which act the petitioner humbly conceive to be a new and unwarrantable incroachment on their priviledges contrare to the Lawes of Society Impairing the kings excyss and extreamly prejudiciall to the petitioners intrest Primo Because Easculenta and proculenta being continually necessary for the support and preservation of human liffe, It has ever been thought by the comon consent of all nationes That no restraint can be put on these without doeing violence to the law of nature, And the toune of Leith being amongst the most populous in Scotland they may Lawfullie provide themselves of what the kingdom produces wher it can be most advantadgeously had Bot more especially of the aile and bear which requyres Constant and perpetuall consumptione Secundo If this monopolie be sustained as to Leith they may at the same rate when they think fitt Impose on the Cannogate and Edinburgh it self to the enorm lesion of the petitioners who by this means shall not find Sale for their bearar be forced to sell it at what rate the priviledged brewars of Edinburgh pleases to give Tertio the brewars in the yeard heads of Leith pay no lese yearly to the king then twentie thousand merks And if the by Discharged to Import ale they must of necessitie give over brewing, And it will be found that this loss not easiely made up by that society of brewars which the toune Councill of Edinburgh proceided to errect Quarto if this act be sustained in ther favors it will be in their power to brew aile as their pleasure Because ther being a necessitie of drinking And the tapsters being oblidged only to take from them they are sure to gett it off though it were never so bad, Which drawes a great many inconveniences allongst with it Quinto By the late act of Parliament giveing two penies of the pynt to the toune of Edinburgh they are Impowered to make seazure of any aile Imported from the Countrey within their priviledges without paying the new Impositione which clearly evinces that the parliament never intended to discharge the Importing of citie from the shyre And that the Importers are alse free as others on payment of the two penies of the pynt which the brewars of the shyre were and are still willing to doe and have offered the same by instrument Sexto These brewers have been in possession to Import ale to Leith and Edinburgh past memory of man And were never interupted till now And Seing by our Law seven years possession gives the benefite of a possessory Judgment And the matter being of great Import and a generall concerne And Therfore Humbly Craveing the saids Lords to interpose their authoritie that the brewers of the shyre may not be Sumarly dispossest of their ancient rights and privildges And in the mean time to order the toune Councill of Edinburgh To recall their act And the brewars to Continue their protectione till the toune of Edinburgh shall obtain a declarator of their pretended rights before the Judge Ordinar in forme as accords The Lords of their Majesties privy Councill Haveing heard this petition given in to them be the heritors of the shyre of Edinburgh Read in their presence They Allow the magistrats of Edinburgh to see and answer the same against the fast ordinary Councill day in september nixt, And in the mean time stopps the effect of the act of the toune Councill of Edinburgh Complained upon in the above petitione And Discharges the Same to be put to executione Bot Declaires that the brewars in the yeard heads are to doe as formerly before omitting the said act or proclamation of the toune Councill
