Privy Council Acts 1565 - Nine Incorporated Trades of Dundee

and David Hoppringle, burgess of Edinburgh, had intromitted with the ship and goods, and spuilyied and disponed
them at their pleasure, they and also the ressetters and buyers from them of the said goods "knawing that the saidis
guidis wer strangearis guidis, pilleit in maner foirsaid,- thay haveing nawayes brokin bowke, nor enterit thair guidis at
ony lauchfull harborie, the said vice on nawayes being purgeit, and the saidis spuilyearis to be na merchandis nor
trafficquaris with sic guidis, swa that all excuse of ignorance wes takin away from thame." What is demanded is
restitution of the ship and goods or the prices of the same. Which ought. to be made not only by the “pillearis and
spuilyearis," but also by the resetters, at least the buyers and receivers, thereof, -"thair vice not being purgeit, as said
is, and ar haldin of the lawis and practique of this realme to be ansuerable thairfoir." The valuation is as follows :-The
ship, with the anchors, tows, sails, ordnance, and other "ornamentis," amounting to £16,000; four hundred four score
"centenaris " of lead, each centenar extending in Scots weight to one cwt., price of each centenar or cwt. £10, in all =
£4080 ; 6000 "pece of pype wode," price of each hundred £120, in all =£7200; five hundred three score seventeen
"pece of wanscoitt," each at 57s.=£1740; 1200 "pece of fathoill wode, quhairof the grite pypis and drywairis ar maid,"
each hundred at £57 = £684. 800 "knappald"=£164; for the furnishing of the ship in victuals and other necessaries,
and payment of the mariners' fees, with other damage sustained by the complainers = £3000 Scots. Moreover, the said
ship, ornaments and artillery, with the goods above specified, belonging to the complainers, having been wrongously
spuilyied, inasmuch as the said pursuers and city of Danskene were confederates to this realm, the said "spuilyearis
and pillearis," and also the buyers, resetters and intromitters, ought to be decerned to have incurred the pain of piracy,
and therefore to be bound to restore the same to the said procurator, in as good state as they were at the time of the
awaytaking thereof, or else the value and prices of the same above written. –Johnne Eler appearing, with Mr Johnne
Nicolsoun, his prolocutor, who also appears as procurator for the owners of the ship and goods, and the Earl of Orknay
appearing personally, with Mr Johnne Shairp and Johnne Prestoun, his prolocutors, but the said Johnne Forrett and
David Hoppringle not appearing, the allegations of the parties present, with the depositions of certain witnesses, are
examined, together with the following documents produced on behalf of the pursuers, viz. (1) a writ, under the
subscription of Mr Alexander Guthrie, stating that in the ship called the “Andro of Pittinweyme," of which Andro Cuke
is master, come from Zetland, there were 4000 "knappald and ane hundreth pece of leid," belonging to David
Hoppringle, merchant; (2) another letter, under the subscription of Andro Mekle, mentioning that in the "entres" of
the ship called the “Falcoun," whereof George Logane is master, and which passed to France, 18th August 1593, there
is this item,-"David Hoppringle, fiftie foure pece of leid," and in the “entres" of the ship called the "Marlyeoun," of
which Henrie Eccline is master, and which passed to France on 27th September 1593, there is this item,-"David
Hoppringle, fourtie fyve pece of leid"; (3) A certificate by the magistrates of Danskene, "upoun the confessioun and
declaratioun of the skippair of the said ship callit the Ark of Noy." All which having, been considered, the King, with
advice of his Council, assoilzies the defenders simpliciter from the said summons and piracy libelled, and decerns
them quit therefrom in time coming, because the pursuers have failed in proving the points of the summons against
the defenders : this decision to be without prejudice to the right of pursuers to prosecute the defenders before the
Lords of Council and Session upon six days warning, without diet, table or continuation of other summons, in respect
the pursuers are strangers "that may not abyde lang proces."
Edinburgh, 10th July.1595
Sir Williame Houstoun Commendator of Pittinweyme, having this day appeared “and repoirtit on his negotiatioun and
procedingis with the Estaitis of the Law Cuntreyis of Flanderis, according, to his Hienes commissioun and instructioun
to him thairanent," is exonerated, with thanks, for his meritorious proceedings in his mission; and this Act passes hereupon, ad
Glasgow 6 th September 1596
Frances, sometime Earl of, Erroll, having been lately apprehended within the Low Countries of Flanderis by the
Estates thereof, had been committed by them to the custody of Mr Robert Danielstoun, conservator of his Highness's
privileges in the Low Countries. The said Mr Robert had received the said Earl and promised to make him answerable
to the laws; but, notwithstding this promise, he had suffered the Earl to escape, “without respect, had to the odiousnes
of the cryme quhairwith he is chargeit, and for the quhilk he is foirfalt, or regaird had to his Majestie, his authoritie
and lawis" Accordingly, proclamation is ordered at the from his market croces of Edinburgh and at the pier and shore
of Leith, commanding the said Conservator, upon three score days' warning, to answer before the King and Council
upon 18th November next concerning the said treasonable act “and to certane utheris tressounable, unworthie and
shamefull factis” under pain of rebellion. and in the meantime to charge the said Conservator, personally if he can be
apprehended, and by open proclamation as aforesais to hold no courts or exercise any jurisdiction within the Low
Countries, under pain of treason and to discharge all the lieges from obeying him in the office of conservatory of the
privileges of the Low Countries, and from payment of any duties, customs, towsts, imposts or exactions, by virtue of
the said office, under the same pain.'
1 The arrest of the Earl of Errol had Scotchmen disguised as merchants" of the
originally been by the Estates of Zealand vigilance of the Estates against such, and of
In the Calendar of English State Papers their detention of the Earl, "whom they
Relating to Scotland (P. 713) is an abstract of understand to be one of those in disgrace
a letter from those Estates to King James, with his Majesty." The surrender of the
dated from Middleburgh, June 19, 1596 Earl to the Conservator had been a sub-
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