Act, 12 January 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh The tuelth day of January Jaj vjc nyntie two years

D1692/1/111

Act

Act The heritors and wodsetters of the shyre of Banff

Anent a Petition given in to the Lords of ther Majesties privy Councill be the heritors fewars wodsetters Lyfrenters and others within the shyre of Banff Shewing That quher the petitioners haveing formerly represented to the saids Lords the abuses they did meit with from the garisones within the said shyre Bott more especiallie from the Garison of Ballindalloch, The governors ther haveing been in use contrary to all law to Impose exhorbitant quantities of meall malt Coalls, salt plends peitts and others and that some tymes the forsaid parrticulars ware converted to money and when any failled to obey these Illegall orders they ware quartured upon and necessitate to pay considerable sommes upon account of dificiencies The saids Lords upon this complaint by act dated the tenth of February last did appoint the Commissioners of the said shyre to take tryall of what damnadges the petitioner hade allready sustained by the forsaid garison and to report and in the mean tyme prohibited all such Illegall Impositiones and exactiones for the future and which act was accordingly intimat to John Stewart then governor of the forsaid garison, and not withstanding therof he did Impose up on the nixt adjacent paroches to the said Garison ten shilling upon each hundreth pund rent to be payed in monethly besydes pleinds, and that under the paine of quartering and being holden as disaffected to their Majesties government yet nevertheless the Commissioners of the forsaid shyre being unwilling to have any legall debates with any of their Majesties forces ware content to have superceided to make any farder tryall anent what damnadge the petitioners hade formerly sustained upon conditione that nothing should be Imposed or exacted from them Bot according to law for the future and the Commissioners and heritors of the forsaid Eight parishes ware content for the assistance of the forsaid Garrison to stent themselves dureing the tyme that the forsaid garrison should continue for payment of Fourscore loads of Peetts and ane stone of Candle monethly or two2 shilling scots for each hundred pund rent within the forsaid parishes and did agree that these who lived within thrie myles of the forsaid garrison should pay the peits and candle pas corpora and that these who lived at a greater distance should pay in their proportiones monethly conforme to the forsaid stent in money. Yett the forsaid governour haveing no regaird aither to the saids Lords act of the Commissioners of the said shyre, Did notwithstanding therof send for the parties upon all such as ware deficient in obeying his order in paying ten shilling for each hundred punds rent monethly upon which the heritors did send some of their number to him and did intreat that he would recall the forsaid parties which he haveing refused to doe Alexander Gordon of Auchindanch for himself and in name and behalf of the rest of the heritors and others concerned Did by forme of instrument intimat to Serjant Kerr Commander of the parties ordered out by the forsaid governor and who was quartering with ten men under his comand upon the paroches of Kith and Graing for not paying their proportiones of the forsaid Illigall Impositiones Conforme to the governers order, and did protest against him for all Coast skaith and damnadge they might sustaine incaice of his continueing to quarter or in caice he should offer to poynd upon the forsaid accompt and yet notwithstanding of all this the petitioners has been necessitate constantly since to pay Conforme to the forsaid Imposition ten shilling for each hundred pund rent monethly besydes plaids and and3 wher any ware deficient ther ware parties quartured on their house untill they payed, all quhich is instructed by the act of Councill, Act of the Commissioners Ther instrument taken against4 Serjant Ker and the governors orders and Discharges subscryved with his hand all therwith produced which the petitioners humbly Desyres the saids Lords would be pleased to consider By which it is clear how much the petitioners are abused and oppressed by the forsaid Garison contrar to all Law and Justice, Seing the Imposeing of Cess Is ane priviledge only competent to the king and Parliament and cannot be done by any Privat subject And the petitioners without the saids Lords Grant them redress of the forsaid abuses and appoint under highest penalties the present governor of the forsaid garisone to desist from useing such Illegall practisses in tyme comeing will be necessitate to disert and forsaik their intrests and to leave their lands waist to be possessed by the forsaid garison And seing the petitioners have behaved themselves as became dutifull subjects and have punctually payed their proportiones of all publict burdeens and Impositiones Imposed by law may therefore expect that the saids Lords will protect them against such high acts of oppressione as they daylie meett with from the forsaid garison And Therfore Humbly Craveing the saids Lords to take the premisses to their Consideratione and to expressly prohibit under all highest paines the present governor from Imposeing or exacting any such Illegall taxes and to allow the Commissioners of the forsaid shyre to take tryall and probatione and anent what damnadge the petitioners have allready sustained by the forces formerly quartured in the forsaid garisone and to report that therafter the saids Lords may doe therin as they shall find Just as the petitioners being The Lords of ther majesties Privy Councill Haveing Considered this petitione given in to them be the heritors of Banffshyre with the wrytes mentioned therin and proiduced therwith They heirby give power and Commission to the Commissioners of supplie within the shyre of Banff to take tryall and probatione (in the termes of the acts and proclamatione of Councill made anent the accompts resting be their majesties forces to the Countrey) of what damnadge the inhabitants of the shyre have Sustained be the above John Stewart governor of Ballindalloch or the souldiers under his command quherall he was governor of the said Garison and appoints the said Commissioners to make intimatione to the said John Stewart of their first dyets of meetting in this matter, And therafter from tyme to tyme apud acta, And to Requyre and allow him to be present therat, And appoints the saids Commissioners to make report to the Lords of Privy Councill of their procedure in this matter.

At Edinburgh 12 January 1692

D1692/1/111

Act

Act for the heritors and wadsetters of the shire of Banff

concerning a petition given in to the lords of their majesties’ privy council by the heritors, feuars, wadsetters, lifrenters and others within the shire of Banff, showing that where the petitioners having formerly represented to the said lords the abuses they did meet with from the garrisons within the said shire, but more especially from the garrison of Ballindalloch, the governors there having been in use, contrary to all law, to impose exorbitant quantities of meal, malt, coals, salt, plaids, peats and others and that sometimes the forsaid particulars were converted to money and when any failed to obey these illegal orders they were quartered upon and necessitated to pay considerable sums upon account of deficiencies the said lords upon this complaint, by act dated the tenth of February last, did appoint the commissioners of the said shire to take trial of what damages the petitioner had already sustained by the forsaid garrison and to report and in the meantime prohibited all such illegal impositiones and exactions for the future, and which act was accordingly intimated to John Stewart, then governor of the forsaid garrison, and notwithstanding thereof he did impose up on the next adjacent parishes to the said garrison ten shillings upon each hundred pounds rent to be paid in monthly besides plaids, and that under the pain of quartering and being held as disaffected to their majesties’ government, yet nevertheless the commissioners of the forsaid shire being unwilling to have any legal debates with any of their majesties’ forces were content to have superseded to make any further trial concerning what damage the petitioners had formerly sustained upon condition that nothing should be imposed or exacted from them but according to law for the future and the commissioners and heritors of the forsaid eight parishes were content for the assistance of the forsaid garrison to stent themselves during the time that the forsaid garrison should continue for payment of fourscore loads of peats and a stone of candle monthly or two shillings scots for each hundred pounds of rent within the forsaid parishes, and did agree that those who lived within three miles of the forsaid garrison should pay the peats and candle pas corpora and that those who lived at a greater distance should pay in their proportions monthly conforming to the forsaid stent in money. Yet the forsaid governour having no regard either to the said lords act of the commissioners of the said shire, did notwithstanding thereof send for the parties upon all such as were deficient in obeying his order in paying ten shillings for each hundred pounds rent monthly, upon which the heritors did send some of their number to him and did entreat that he would recall the forsaid parties which he having refused to do Alexander Gordon of Auchindachy for himself and in name and behalf of the rest of the heritors and others concerned did by form of instrument intimate to Sergeant Ker, commander of the parties, ordered out by the forsaid governor and who was quartering with ten men under his command upon the parishes of Keith and Grange for not paying their proportions of the forsaid illegal impositions conforming to the governor’s order, and did protest against him for all cost, skaith and damage they might sustain in case of his continuing to quarter or in case he should offer to poind upon the forsaid account, and yet notwithstanding of all this the petitioners have been necessitated constantly since to pay conforming to the forsaid imposition of ten shillings for each hundred pounds rent monthly besides plaids and where any were deficient there were parties quartered on their house until they paid, all which is instructed by the act of council, act of the commissioners there instrument taken against Sergeant Ker and the governor’s orders and discharges subscribed with his hand all therewith produced which the petitioners humbly desires the said lords would be pleased to consider, by which it is clear how much the petitioners are abused and oppressed by the forsaid garrison contrary to all law and justice, seeing the imposing of cess is a privilege only competent to the king and parliament and cannot be done by any private subject, and the petitioners without the said lords grant them redress of the forsaid abuses and appoint under the highest penalties the present governor of the forsaid garrison to desist from using such illegal practices in time coming, will be necessitate to desert and forsake their interests and to leave their lands wasted to be possessed by the forsaid garrison, and seeing the petitioners have behaved themselves as became dutiful subjects and have punctually paid their proportions of all public burdens and impositions imposed by law may, therefore expect that the said lords will protect them against such high acts of oppression as they daily meet with from the forsaid garrison, and therefore humbly craving the said lords to take the premisses to their consideration and to expressly prohibit under all highest pains the present governor from imposing or exacting any such illegal taxes and to allow the commissioners of the forsaid shire to take trial and probation and concerning what damage the petitioners have already sustained by the forces formerly quartered in the forsaid garrison and to report that thereafter the said lords may do therein as they shall find just as the petitioners being; the lords of their majesties’ privy council having considered this petition given in to them by the heritors of Banffshire with the writs mentioned therein and produced therewith, they hereby give power and commission to the commissioners of supply within the shire of Banff to take trial and probation (in the terms of the acts and proclamation of council made concerning the accounts resting by their majesties’ forces to the country) of what damage the inhabitants of the shire have sustained by the above John Stewart governor of Ballindalloch or the soldiers under his command whereall he was governor of the said garrison and appoint the said commissioners to make intimation to the said John Stewart of their first diets of meeting in this matter, and thereafter from time to time according to record, and to require and allow him to be present thereat, and appoint the said commissioners to make report to the lords of privy council of their procedure in this matter.

1. NRS, PC2/24, 6v-8r.

2. The word ‘hundreth’ scored out here.

3. Sic.

4. The word ‘the’ scored out here.

1. NRS, PC2/24, 6v-8r.

2. Meaning not clear.