Act, 21 March 1699, Edinburgh

Warrant, 21 December 1699, Edinburgh

Att Edinburgh The Twenty first day of March Jaj vjc nynty and nyne years

A1699/3/201

Act

Severall Gentlemen within the Stewarty of Kirkcudbright anent their pole

Anent The Petition Given In to the Lords of his majesties privy Councill By the severall Gentlemen within the Ten paroches of the Stewarty of Kirkcudbright Beneath the water of Urr. Shewing That att the Generall meeting of the Commissioners of the Stewarty of Kirkcudbright conform to act of parliament for subdivideing themselves to take up the Lists of the poleable persones, conform to their qualities Two of the saids Commissioners Viz: Hills and Dalskairth were appointed to meet att Bridge End of Drumfreis The Tenth of November Jaj vic nynty Eight. And take up the lists of the poleable persons within the saids Ten parishes, whereupon Intimation Being made The petitioners attended att the said Bridge-End of Drumfreis The said Tenth day of November Jaj vic nynty Eight, And The saids Commissioners being Indisposed and not meeting, They took Instruments of their attendance and protested To be free of all Certificationes for not listing themselves as the Instrument of the date forsaid under the hand of John McNaught nottar publict therewith produced Bears, They not being classed By reason of the Commissioners absence, They the saids Commisioners Appoints them ane new dyett att Lochrutton Gate, The Twenty Fourth of February last as appears by the warrand signed by the said Maxwell of Hills and Greirson of Dalskairth, And wherby they ordain them to Bring their pole alongst with them, according to which last Intimation, They likeways attended and offered to List and pay, But the Commissioners doubting their own power and hazard Refused, whereupon they likewise took Instruments in the hands of the said John McNaught theirwith produced, They by the said Indisposition and neglect of the Commissioners not being in the Rolls of the Countrey send out their severall polls to William Cochran of Fergusly and offered the same to him which he hath refused unless they pay the quadruple as Instruments under the hands of William Alves nottar Bears. as to which they Humbly Begg leave to represent That by the act Imposeing the pole, These are only lyable in quadruples who Either doe not list themselves by their names quality and value of their Estates or doe give up the same otherways then it should be or being listed does not pay within Two Thirty days after the first of January, neither of which certifications can be applyed to their caice for 1o, That they were not Inlisted by their names qualities and value of their Estates cannot be Imputed to them Because they attended att the Bridge-End of Drumfreis upon the Tenth of November Jaj vic nynty Eight which was the place and tyme Appointed for them by the Commissioners. And the Commissioners themselves did not attend, So they are therby Excuseable as to the first Certification, As to the second They cannot be said to have given up otherwise then they should because they have not given up at all And if the farmer of the pole will take the soume offered, which they Avouch agreeable to their respective qualities and value of their Estates They shall take their hazard of Incurring the quadruple in caice he Redargue the Same, As to the Third Certification for not tymeous payment That Certificatione is only applyable to these contained in the Lists or Rolls and not to them were not Inrolled by Reason of the Indisposition and not attendance of the Commissioners, and 2do they not Being Inrolled, The Collectors of the Countrey neither would nor hade Commission to Receave their Polls, And so they have been att ane Extraordinary charge to send and offer the same att Edinburgh to the principall Tacks-men. And Therfore Humbly Craving their Lordships In Regaird their caice is singular, And that their not being tymeously listed and Inrolled was not their Fault But the Absence of the Commissioners, And that they did not tymously pay was because no man would Receave it They not being Inrolled, And that They sent the same to the Principall Tacks-man, To ordain them to Receave the same and discharge them, Reserving to them To Insist for the quadruple in caice the soumes given up and paid, be Less Then should be conform to their qualities and value of their Estates as the said petition Bears. The saids Lords of his majesties privy Councill Having Considered this petition given in to them by the within Gentlemen of the Stewartry of Kirkcudbright with the Instruments mentioned therein, And produced therewith. And Answers made thereto by the Tacks-men of the pole, They find That the poleable persones within the parish of Traquair are not lyable in any penalty, In Respect by one of the Instruments produced it appears That John Broun of Nunland for himself and in name and behalf of the haill poleable persones within the said parish attended to meet the saids Commissioners of Supply in the said Stewarty of Kirkcudbright To have Classed themselves Conform to ane order of the saids Commissioners. And That none of these Commissioners appeared att the day appointed, And that thereafter conform to Intimatione from the saids Commissioners They did attend them and offered payment of their pole. The poleable persons within the said parish of Traquair presently paying to the saids Tacks-men their Single poles att their True values as is appointed by the act of parliament with Certification of being lyable to the penalties of Law in caice they faill therin.

Att Edinburgh The Twenty first day of March Jaj vjc nynty and nyne years

A1699/3/201

Act

Severall Gentlemen within the Stewarty of Kirkcudbright anent their pole

Anent The Petition Given In to the Lords of his majesties privy Councill By the severall Gentlemen within the Ten paroches of the Stewarty of Kirkcudbright Beneath the water of Urr. Shewing That att the Generall meeting of the Commissioners of the Stewarty of Kirkcudbright conform to act of parliament for subdivideing themselves to take up the Lists of the poleable persones, conform to their qualities Two of the saids Commissioners Viz: Hills and Dalskairth were appointed to meet att Bridge End of Drumfreis The Tenth of November Jaj vic nynty Eight. And take up the lists of the poleable persons within the saids Ten parishes, whereupon Intimation Being made The petitioners attended att the said Bridge-End of Drumfreis The said Tenth day of November Jaj vic nynty Eight, And The saids Commissioners being Indisposed and not meeting, They took Instruments of their attendance and protested To be free of all Certificationes for not listing themselves as the Instrument of the date forsaid under the hand of John McNaught nottar publict therewith produced Bears, They not being classed By reason of the Commissioners absence, They the saids Commisioners Appoints them ane new dyett att Lochrutton Gate, The Twenty Fourth of February last as appears by the warrand signed by the said Maxwell of Hills and Greirson of Dalskairth, And wherby they ordain them to Bring their pole alongst with them, according to which last Intimation, They likeways attended and offered to List and pay, But the Commissioners doubting their own power and hazard Refused, whereupon they likewise took Instruments in the hands of the said John McNaught theirwith produced, They by the said Indisposition and neglect of the Commissioners not being in the Rolls of the Countrey send out their severall polls to William Cochran of Fergusly and offered the same to him which he hath refused unless they pay the quadruple as Instruments under the hands of William Alves nottar Bears. as to which they Humbly Begg leave to represent That by the act Imposeing the pole, These are only lyable in quadruples who Either doe not list themselves by their names quality and value of their Estates or doe give up the same otherways then it should be or being listed does not pay within Two Thirty days after the first of January, neither of which certifications can be applyed to their caice for 1o, That they were not Inlisted by their names qualities and value of their Estates cannot be Imputed to them Because they attended att the Bridge-End of Drumfreis upon the Tenth of November Jaj vic nynty Eight which was the place and tyme Appointed for them by the Commissioners. And the Commissioners themselves did not attend, So they are therby Excuseable as to the first Certification, As to the second They cannot be said to have given up otherwise then they should because they have not given up at all And if the farmer of the pole will take the soume offered, which they Avouch agreeable to their respective qualities and value of their Estates They shall take their hazard of Incurring the quadruple in caice he Redargue the Same, As to the Third Certification for not tymeous payment That Certificatione is only applyable to these contained in the Lists or Rolls and not to them were not Inrolled by Reason of the Indisposition and not attendance of the Commissioners, and 2do they not Being Inrolled, The Collectors of the Countrey neither would nor hade Commission to Receave their Polls, And so they have been att ane Extraordinary charge to send and offer the same att Edinburgh to the principall Tacks-men. And Therfore Humbly Craving their Lordships In Regaird their caice is singular, And that their not being tymeously listed and Inrolled was not their Fault But the Absence of the Commissioners, And that they did not tymously pay was because no man would Receave it They not being Inrolled, And that They sent the same to the Principall Tacks-man, To ordain them to Receave the same and discharge them, Reserving to them To Insist for the quadruple in caice the soumes given up and paid, be Less Then should be conform to their qualities and value of their Estates as the said petition Bears. The saids Lords of his majesties privy Councill Having Considered this petition given in to them by the within Gentlemen of the Stewartry of Kirkcudbright with the Instruments mentioned therein, And produced therewith. And Answers made thereto by the Tacks-men of the pole, They find That the poleable persones within the parish of Traquair are not lyable in any penalty, In Respect by one of the Instruments produced it appears That John Broun of Nunland for himself and in name and behalf of the haill poleable persones within the said parish attended to meet the saids Commissioners of Supply in the said Stewarty of Kirkcudbright To have Classed themselves Conform to ane order of the saids Commissioners. And That none of these Commissioners appeared att the day appointed, And that thereafter conform to Intimatione from the saids Commissioners They did attend them and offered payment of their pole. The poleable persons within the said parish of Traquair presently paying to the saids Tacks-men their Single poles att their True values as is appointed by the act of parliament with Certification of being lyable to the penalties of Law in caice they faill therin.

1. NRS, PC1/51, 551-2.

1. NRS, PC1/51, 551-2.