Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the threttein day of Augwst J^aj vi^c nyntie six antemeridiem

D1696/8/10

D1696/8/10¹

Act

Act Earle of Galloway and Commissioners of Kirkcudbright

Anent the petitione given in to the Lords of his majesties privie Counsell be The Earle of Galloway The Laird of Rwsco Patrick Murdoch of Cumloden […] Stewart of Tannargie […] Mackie of Larg […] Dumbar of Machriemore David Mcculloch of Arduell […] Mcculloch of Barholme […] Hanna of Kirkdaill Thomas Alexander Stewart deput and John Greirsone of Dallskerth for themselvs and in name and behalf of the heretors and others of the Stewartie Shewing That wheras ther is a petitione given in by the Viscount of Kenmwire William Mcgie of Ballmagee and Some other Commissioners of Assessment of the said Stewartie Makeing mentione that they did meet at Kirkcudbright the tuentie third of Jully Last and did cast on thrie moneths Supplie payable at Lambmes and appointed a collector for uplifting therof And that Since which tyme the Earle of Galloway Laird of Rwsco and the other petitioners did meet at a privat Countrie ale house And did cast on the said thrie moneths Supplie and appointed a different collector from him nominat by then and had imposed Ane hundereth and fourtie punds more then was Dwe And both collectors had isswed out ther order for payment of the Said Supplie under the paine of qwartering wherby the Countrie was lyke to Suffer And therfor craveing that ther laying on of the Supplie and appointing a collector might be approven And that the Countrie might be Secured from Double distress upon which ther Lordships appointed the petitioners to See and ansuer the said petitione The Earle of Galloway The Laird of Rwsco and other Commissioners that concurr with them befor they make any particular ansuer to the petitione Humbly craves Leave to represent to ther Lordships the true mater of fact which was Thus That Maxwell yownger of Newlaw who was ane of the two collectors of the Supplie within the Stewartie being deceased And ther being five hundereth and fiftie pound Sterleing resting of the bygone cess by the collectors It being all uplifted from the countrie except Soume Small thing may be not five Shillings in a paroch And the generall receaver haveing Sent a pairtie of Fifftie men to qwarter for the Samen upon which the Commissioners for the Stewartie haveing mett they appointed the collectors and ther Cautioners bonds might be registrat that dilligence might be wsed against them for payment of the bygone Cess resting and which they had uplifted from the Countrie And because Kirkcudbright wher they then mett was above twentie four mylles distance from The Earle of Galloway and Severall other gentlemen Commissioners of Supplie of the said Stewartie It was moved at the meeting that Some other place may be appointed for the next meeting wher all the Commissioners might meet and which was ane eqwall distance and convenient for all the Commissioners to come to Especiallie Seing it was very inconvenient to meet at Kirkcudbright which as it lyes upon the Sea at a great distance from all the rest of the Stewartie so ther was many tymes difficultie of access to it when the waters were high And therfor it was resolved that the next meeting Should be at The Gatehouse which is the centere of the Stewartie and the most convenient place wher all the Commissioners might meet upon the twentie third of Jully Last And accordinglie was soe voted and ane act past Therupon But as the clerk did begin to write the resolutione of the meeting to the effect it might be Signed by the Viscount of Kenmwire he and Soume others with him rose and went away And Rwsco did take instruments that ther was a vote past appointing the next meeting to be at the gatehouse And did reqwyre the clerk to give him ane extract therof which he refwised as appears by ane instrument prodwced And the Earle of Galloway Laird of Rwsco and other Commissioners that concurrs with them haveing according to the resolve of the former meeting mett at the Gatehouse the said Day they in the first place ordered dilligence to be wsed against the collectors and ther Cautioners for payment of the bygone cess that was resting And did lay on the thrie moneths Supplie payable at Lambmas Last And ane of the collectors being deceast and John Mcknawght the other collector haveing declaired to the Commissioners that he would not continwe any Longer collector they did make choise of other two collectors who were persones well affected to the government And who found Sufficient cautione And notwithstanding that the meeting was appointed to be at the gatehouse yet the viscownt of Kenmwire and other commissioners that concurrs with him did keep a meeting at Kirkcudbright the Same day and named another collector and clerk And then they ordered that the collector Should advance upon the Countries accompt the bygone cess that was resting by the former collectors And next they did not only lay on the thrie moneths Supplie but appointed parochiall collectors who ordinarly exacts Six per cent for ther fees And did lay on four pund Eleven Shilling upon the hundered pund besydes to be payed to ther collector which was most exorbitant And Gavin Dumbar whom they choised to be clerk is knowen to be popishly inclyned And when John Mcknaught the clerk desyred him to give up the books he refwsed As also at former meetings ther being severall of the Commissionres who concurrs with the Earle of Galloway that represented ther was Severall abwses comitted upon the Countrie by the former collectors Such as that ther was a considerable excress that had bein uplifted of the Shyre for Severall yeirs of excyse Supplie Levies and Localities And yet the collectors had not bein called to ane accompt for the Samen And these other Commissioners refwised to concurr to call them to ane accompt wherof the trwe reasone was Because Severall of the saids Commissioners had either bein collectors themselvs or Cautioners for the former collectors or were ther near freinds and relationes And besydes many other abwses and oppressions that had bein Comitted upon the said Stewartie which the said other Commissioners Did absolutely refwse ther concurrance to redress the Same This being the mater of fact It is ansuered for the Earle of Galloway The Laird of Rwsco and other Commissioners that concurrs with them that the meeting holden by the Viscount of Kenmwire Ballmagie and others that concurrs with them at Kirkcudbright was wnwarrantable and illegall In Swa far as it was contrair to the resolve of the former meeting of the Commissioners who for the conveniency of all the Commissioners appointed the next meeting to be at the gatehouse which was the centure of the Stewartie And albeit the said resolve and act was not marked in the book In respect the Viscount of Kenmwire who was present at that meeting refwsed to Signe it yet Rwsco haveing taken instrwments upon the vote It was Sufficient to Supplie the want of the act so that the said meeting at Kirkcudbright being wnwarrantable any acts that was past at the said meeting kept at the Gatehouse by the Earle of Galloway and others Commissioners that concurrs with him was the only Laufull and legall meeting and the acts past by them ought to be Sustained and approven Secundo the said meeting at Kirkcudbright did manifestly wrong in appointing the collector to advance upon the Countries accompt the cess that was resting which could be no other designe But to lay it upon the Countrie wheras the said bygone Cess haveing bein uplifted by the collectors from the countrie except very Litle which was not worth the nameing the Collector that is alyve and the Cautioners for the collector that is deceased Should have bein distrest for payment of the Cess they had uplifted which the meeting at the gatehouse did appoint to be done that the Countrie might not be burdened with the Samen Tertio the said meeting at Kirkcudbright was illegall because the ordinarie clerk was not present with them but was with the Earle of Galloway and others that did meet at the gatehouse And it was wnwarrantable for that pretended meeting at Kirkcudbright to choise a new clerk which could onlie be done by a generall meeting of the Commissioners appointed for that effect And Gavin Dumbar whom they choised to be clerk is knowen to be disaffected to the government and comonly repute to be papishlie inclyned Qwarto If any particular number of Commissioners Should Sett up meetings for themselves contrair to the resolve of the generall meeting it would occasione ane absolwte confwsione as it wowld doe in all Societies And this is a clear instance of it for these severall meetings might emitt different and contrare orders as was Done in this caise Qwinto that pretended meeting at Kirkcudbright did appoint parochiall collectors which was contraire to Law Seing ther ought onlie to be a generall collector for everie Shyre or Stewartie and it was manifest oppressione For these parochall collecters does ordinarlie exact Six per cent for ther fees besyde the generall collectors fee Sexto wheras the Viscount of Kenmwire and other Commissioners that concurrs with him Complaints that the meeting at the Gate house Should have Laid on Ane Hundereth and fourtie pund Scotts more for the collecters fies then ought to have bein done It is absolwtely groundles Seing they Laid on no more but what was formerly in wse to be payed to the collectors for ther fees Septimo ther being severall abwses comitted upon the Stewartie by the collecters Such as that the Collecters hes never bein called to to² ane accompt for the excressence of the Supplie excyse Bridge and highway money and severall other impositiones Laid upon the Shyre these severall yeirs bypast And these other Commissioners refwseing to concurr in calling these collectors to ane accompt for the reasons foirsaids in respect severall of them wer collecters themselvs and Cautioners for the collectors Some effectwall course owght to have bein taken that these collectors and ther cautioners might have bein called to ane accompt for what they uplifted of the Stewarts and had not imployed the Samen to the wses they were destinate And therfore humbly Craveing ther Lordships would be pleased to take the premisses to ther consideratione and to approve of the meeting held by the Earle of Galloway and others at the gate house Conforme to the resolve of the former meeting of the Commissioners And to awthorize the acts past by them at the said meeting and to declaire the meeting held by the Viscount of Kenmwire and others that concurrs with him at Kirkcudbright that day to be illegall and wnwarrantable And the acts past by them at the said meeting to be nwll and void and to awthorize the Collector named by the meeting at the gate house as only collector legally chosen for uplifting of the Said Supply And to Discharge the collectors named by the pretended meeting at Kirkcudbright to uplift the Said Supplie Not only because he was not legallie chosen But also in respect he hes not as yet found cawtione as is informed As also that ther Lordships may be pleased to appoint Swch gentlemen in the Stewartie as ther Lordships Shall think fitt to call all the former Collectors and ther cautioners to ane accompt for the exercise of the said Cess Supplie and other publict money that hes bein uplifted off the Countrie for if it Shall be left to the Commissioners of the Supply it Shall never be done As the Said petitione bears The Saids Lords of his majesties Privie Cownsell haveing considered the petitione given in to them be the Viscownt of Kenmwire and Such of the Commissioners of Supplie and heretors of the Stewartie of Kirkcudbright who adhere to him and ansuers made therto for the Earle of Galloway Laird of Rwsio and other Commissioners of Supply and heretors of the said Stewartie who adhere to them They doe heirby ordaine and appoint the whole Commissioners of Supplie within the Said Stewartie of Kirkcudbright to meet at the Gatehouse of Fleet upon the twentie Seventh day of Awgwst instant And ther and then lay on the thrie moneths Supplie payable by the Said Stewartie at the terme of Lambmas J^aj vi^c and nyntie Six and to choise ther own clerk And likewayes to choise nominat and appoint a collector for uplifting and ingathering of the said Supply That his Majestie and the Government may not be prejudged But prejwdice to the Commissioners within the said Stewartie for the future to meet at any other place when they are abowt other bwssienes Conform as they have bein formerly accustomed to doe And appoints the Stewart clerk of the Said Stewartie to make intimatione heirof to the Severall Commissioners of Supplie within the saids bownds And Likewayes at the doors of the Severall paroch kirks of the said Stewartie So Soon as thir presents Shall come to his hands