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A87616 Unto the right honourable the lords of His Majesties Privie Conncil [sic], the petition of Patrick Johnstoun, late bailie in Edinburgh, Alexander Campbel, Alexander Clerk, and Alexander Mackgill, merchants in Edinburgh, David Waike, and Ralph Spurri Englishmen. Johnstoun, Patrick.; Campbel, Alexander.; Clerk, Alexander.; Mackgill, Alexander.; Waike, David.; Spurri, Ralph. 1697 (1697) Wing J879A; ESTC R178993 1,321 2

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Unto the Right Honourable the Lords of His Majesties Privie Conncil The PETITION Of Patrick Iohnstoun late Bailie in Edinburgh Alexander Campbel Alexander Clerk and Alexander Mackgill Merchants in Edinburgh David Waike and Ralph Spurri Englishmen Humbly sheweth THat by your Lordships Proclamation published the 20 of July instant all Victual to be Imported is declared to be lyable to Custome and other Duties as before the Proclamation published upon the sixth of August 1696. And the Collectors of His Majesties Customs are appointed to Collect and Compt for the same accordingly wherethrough your Petitioners being heavily prejudged humbly beg liberty to lay before your Lordships the Reasons following why the particular quantities of Victual belonging to them cannot be lyable to pay Custom viz. 1. In cases of the like nature formerly when Victual was discharged to be Imported or Burdened if Imported your Lordships were always so tender of the prejudice Merchants might suffer that upon their giving Oath that they had Commissioned and Loadned the Victual before the Publishing of such Proclamations or Orders they were always allowed to Import the same free of the burden of the saids Orders And here our case is much more just and favourable where we are content to make Faith or if need beis to prove by Witnesses or other Documents beyond exception that part of the Victual belonging to us the saids Patrick Johnstoun Alexander Campbel Alexander Clark David Waike and Ralph Spurrie did Arrive at Heymouth before the 12th or 14th of July instant and a great part of us Arrived since at Leith two days after the Proclamation and the rest at Holy-Island detained by contrary Winds since that time and that the Victual belonging to me the said Alexander Mackgill was partly lying upon the Road of Leith in a Ship long ago reported and a sufferance given for Livering and whereof above 300 Bolls was Livered accordingly and the rest of my Victual is at Haymouth and Holy Island detained in manner foresaid And it were the hardest thing imaginable to make us lyable for Custom who have Bought Loadened Imported and partly Livered that Victual directly upon the prospected being free of Custom and yet upon such a surprize to cause exact it from us which in effect is to take as much Money out of our Pocket And it s hoped your Lordships will be far from such a measure of rigour towards us 2. It was never controverted but where any Vessels toucht at any Port Creek or Harbour within this Kingdom with an intention to Liver and much more out of doubt where they had broken bulk and Livered any part of their Cargo but these Goods were reputed already Imported so that in this case even in the rigor of the Proclamation all Victual in that condition must be free of Duty as being already Imported And it were a very great hardship to make your Petitioner suffer for contrary Winds and to be lyable for the burden of Custom I upon account and for Causes they could no ways prevent May it therefore please your Lordships to discharge the Collectors and others imployed in Collecting His Majesties Customs to Levy and Exact any Custom or other Duty from us for the Victual belonging to us and lying either in the Road of Leith or lying at Haymouth and Holy-Island before the said Proclamation and to appoint any of your Lordships Number or of his Majesties Collectors or Magistrat in the place to take our Oaths or receive such other sufficient 〈…〉 the quantity of the forsaid Victual and where it lyes and when it Arrived there To the effect we by your Lordships goodness may be saved from so heavy prejudice as will far exceed what ever benefite we could have made by Importing the forsaid Victual upon the Faith and encouragement given by the Government And your Petitioner shall ever pray