Veere Micro Site
Dundee City Archives
| Dedication | Clauses 1-4 | Clauses 5-14 |
| Clauses 15-27 | Clauses 28-38 | Clauses 39-50 |
| Confirmation by Royal Burghs | Confirmation by the King & attestation |
Clauses 28 to 38
28. As also wee promise at all tymes at the request of the lord conservator or his deputies to vse all fitting and convenient offices and indeavours by court or colledge of admiralitie in the Maz, to the end that by the same a man of war may be franklie and freelie furnished out to convoy the ships of the said staple (which shall and may be readie to saill or run out) to all places within the river Forth or to any other places in the kingdome of Scotland,, and ther to stay and attend the space of fourtein dayes wpone the ships and convoy the same back againe hither in safetie.
29. Even as we also promise to vse all dilligence and indevouris by the lords states generall to the end that these of the said Scotts staple ther guids may not be foirfaulted or confiscated notwithstanding that the same should not, by any misunderstanding, mistak, or neglect, be dewlie declaired entered and given, on aither in respect of the quantitie or qualitie thereof, but that such of the lyk caice the transgressor or offender should onlie be punished with the penaltie or foirfaulter of double or twyse as much as shall be found to be too short entered and payed, over and above such a pecuniall penaltie as the lord conservator according to the qualitie of the offence, shall judge belong.
30. And in caice that any ship or ships should or might be robbed or dispolyed on the seas by any inhabitant or any other persone resorting under the jurisdictione of this citie, that we then and in that caice stand bound and oblidged to indeavour according to our power that all such ships shall and must be restored again with the wholle loadning thereof, or els full satisfactione shall be made or given for the same according to the just value thereof, and that wee will cause the delinquent to be punished according to the demerite of the cause, bot in caice the offender should or might duell undir ane other jurisdictione then wee shall and will, at the charges of this citie, caise to solicite the restitutione and satisfactione therof by our recorder.
31. Moreover that wee shall and will wpone all occationes (wherin any one of the scotts staple should hawe any thing to agitate or doe before the admiraltie court or should be concerned in any cause or pley properlie belonging wnto or depending wpone the said court) vse all possible dilligence and means to the end the said court of admiraltie may grant the same guid and short or speedie right and expeditione of justice.
32. Fordermore that the said lord conservator or his deputes shall wpone all occations and in all caices hawe and enjoy all such exemptiones, immunities, priviledges, and prerogatives as according to law or custome doe belong to the office of the conservatorship in als full and ample forme and maner as any preceeding lord conservatoe had and enjoyed.
33. Fordermore, wee hawe consented and agreed, at the entreatie of those of the Scotts staple aforsaid, that the lord conservator, without let hinderence or trouble, shall and may exercise jurisditcione in all causes, both civill and criminall, wpone the persones and guids of all those who belong unto the Scotts staple, yet notwithstanding with this provisione that the said civill causes shall be and most be betuixt tua Scotts who depend wpon or belong wnto the Scotts staple, and that the cryme shall and must be also perpetrated or comitted as abovementionated by one Scott against another also belong to the said staple, and that nor ws, nather any judge in this citie, shall or will take or pretend any cognizance or informatione of the said cause aither civill or criminall at any tyme falling out or happining betuixt tua persones of the Scotts natione as above said, bot that the saids causes and places shall and must be pleaded and by definitive sentence be determined by the court or judicator of the lord conservator, and that without any contradictione or apaile, and in caice of any disobedience, cuntumacie, oppositione or resistance against the same, that wee shall and will shew and demonstrat the lord conservator or his deputie all dew help and assistance to bring the offenders to dew obedience or condigne punischment.
34. And it is futher concluded and agreed that if any of our citizans, inhabitants or strangers, being no Scott, shall hawe any civill actione against any one of the said staple or therwpone depending, that it shall be lawfull for him to commence or prosequte aither before ws or befoir the court of the lord conservator, nather shall it be lawful or permitted to him to doe the same elswher at the first instance, unles the instruments or obligations contain prorogatione or jurisdictione, or thet the plemtiffs are priveledged or exempt persones; and that if the plentife will prosecute or follow his proces or suit before ws, and that then als weill the plentife as defendant shall and must vse the law of this citie, but incaice the plentiffe shall joyse the court of the lord conservator for judge, and shall institute or commence his actione ther that then he shall be and most also prosecute the same before the said court and submit himselff unto the sentence and judgment which shall ther be given and be therwith conteted; but otherwayes, als oft as ane Scotts man shall or will prosecute his causes judiciallie against any of our citizans, inhabitants or subjects or any strangers, be it quho it will, that no Scotts man or retainer to the said staple shall be bund or obleidged alwayes to doe the same before ws; and both pairties shall and must hold for valid and accomplish that which shall be pronnunced be ws, provydit and in caice that no apaile from the definitive sentence be interposed. And furdermore that for the better accomodatione of the said Scotts staple court and ther members and retainers, and for the more expeditione of ther causesand actiones which shall come before ws, ther shall be established and made ane extraordinarie roll of all causes and processes hanging and depending between any one of the said staple and others, to the end that the same may first and before other causses be dispatched and finished, to which end wee doe promise the said staple that all suits in wryting or consisting in facts shall be determined within fourtein dayes efter the full furnishing of the wrytings or instruments.
35. And of it should happin (which God forbid and out of expectatioun) that any one of the Scotts staple came to faill and be insolvent, and should be indebtit to any of our inhabitants, that then and in that caice wee and the lord conservator of each syde shall sett ane curator or owersier who shall and most, joyntlie or togidder, dispose and manage the estaite of the pairtie insolvent ad opus habentis or to the vse of them that had right therwnto.
36. Wee haue also grantit to those of the Scotts staple that all acts, ordinances, pronunced sentences, statuts, and decrees mad and granted in the lord conservators court, and lykwayes all certificats and lettres testimoniall give, granted, and acknowledged wnder the hand of the lord conservator or his deputie or secretarie, with the seall of the office therwnto anexed or appending , shall and most in all maters be held and esteemed as firme, legall, and authentick to all intents and purposes in all causes, both civill and criminall, as any other given and granted be ws or any judge in the citie, the maters properlie belonging to ther knowledge and judicator.
37. That no native citizen of this citie, or any stranger duelling or sojurneing in this citie or the libertie therof, shall or may directlie deall or traffique to Scotland in any guids or merchandize which alreadie are declaired or which heirefter shall be declaired to be staple goods, wpone the penaltie that the saids goods shall be confiscated and the said persones to be corrected and punished according to the exigence and demerit of the mater.
38. None of the Scotts natione shall or may be made a free burges or citizan of this citie without the knowledge of the lord conservator or his deputie.
