Unto the Right Honourable, the Lords of His Majesty's Privy Conncil, 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.  
Humbly showeth,  
THat by your Lordship's Proclamation, published the 20 of July instant, all Victual to be Imported is declared to be liable to Custom and other Duties, as before the Proclamation published upon the sixth of August, 1696. And the Collectors of His Majesty's 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 liable 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 said's Orders: And here our case is much more just and favourable, where we are content to make Faith, or if need beiss, to prove by Witnesses, or other Documents beyond exception, that part of the Victual belonging to us the said's 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 liable 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 surprise 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 touched 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 rigour 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 liable 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 employed, in Collecting His Majesty's 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 Lordship's Number, or of his Majesty's Collectors or Magistrate in the place, to take our Oaths, or receive such other sufficient 〈…〉 the quantity of the forsaid Victual, and where it lies, and when it Arrived there. To the effect we by your Lordship's goodness may be saved from so heavy prejudice, as will far exceed what ever benefit we could have made by Importing the forsaid Victual upon the Faith and encouragement given by the Government.  
And your Petitioner shall ever pray.