Act, 23 March 1699, Edinburgh

Warrant, 21 December 1699, Edinburgh

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

A1699/3/261

Act

Act stopping the Interloquitor in favours of the heretors of Traquair

Anent The Petition given in to the Lords of his majesties privy Councill By William Cochran of Fergusly Tacks-man of the pole. Shewing That upon a petition presented In name of severall Gentemen within the Ten parishes of the Stewatry of Kirkcudbright Beneath the water of Orr severall questions having arisen which may be of Generall Consequence Through the nation and of very great prejudice to their Petitioner and detriment to the publick Revenue if not duely considered and such determinations given therein, as may fix a Rule to their petitioner for uplifting the polemoney, and severall Certificationes That may be Incurred by the poleable persons conform to the 12th act of the last session of parliament, For clearing of which as to the persons within the said Stewartry of Kirkcudbright and the rest of the Leidges in Generall He humbly craves Liberty to Represent, 1mo, That a naked instrument of a nottar is not Sufficient To Instruct That the poleable persones did attend the day and place appointed by the Commissioners for Listing and classing themselves according to their degrees and qualities Far Less is it sufficient to prove That Either the haill persons who may be named therein or the poleable persons within Ten or more paroches did send along under their hands their degree quality and value of their Estates according to which they were poleable, And yet it is manifest unless they Either hade attended themselves the day and place Appointed by the Commissioners or sent under their hands the quality in which they were to be polled, which not having been done by these five Gentlemen, who prettends to have attended att the Bridge of Drumfreis the day appointed by the Commissioners, nor any other Document of John Browns having any Commission from them for that Effect, But the Assertion of a nottar who is Knowen to be a man of no great credit, It is hoped their Lordships will so farr consider the former Interloquitor as to these five persons in the parish of Traquair as to find the Instrument produced no sufficient probation, But at Least that they and Every one of them ought to give their oath that they did Give Commission to the said John Brown for classing them at the day and place forsaid, and sent along with him for that Effect, otherways that they may be lyable for their quadruples conform to the act of parliament But 2do Esto They should depone in the Terms forsaids, yet in so farr as their was neither payment made to the Collector of the supply within the shire nor offered Either to him or to their petitioner within Sixty days after the First of January They must be still lyable to their petitioner for their quadruples Because the act of parliament Imposing the Pole, ordains the same to be payed, Expressly to the Collector of the Shire upon the first of January or Thirty days thereafter under the pain of Double and failzieing other Thirty days of being lyable to the quadruple, so that the act of parliament having condescended upon a person to whom and within what tyme payment was to be made, under Express certificationes, It is clear That whoever failed in payment were Lyable to the Double or quadruple whither they were Classed or not, And It being Evident by ane order under Laggs hand dated the first of march, That there was no warrand given by the persons within that Bounds and mentioned in that List to offer or pay the pole to the Collector untill the First of march, nor the offer really made untill the second as appears by ane Instrument upon the Back of the said order, It is from Thence as Clear as can be, That the Sixty days being Elapsed after the first of January before the pole was offered the quadruples were theirby Incurred and these persons lyable in payment thereof. And Seing he hes alse good right to the saids quadruples by his Tack and that these persones are alse really debitors therein as in the single pole, It is hoped their Lordships will not deprive him of so much of his right upon the naked assertion of a nottar And it may be obvious to their Lordships That the Instrument taken upon the 27th of February Bearing the persons therein named to have been ready to pay their pole to the Commissioners, to have been only a Sham, For if they hade realy intended to pay their respective poles, what should have hindered them To have paid in the same to the Collector of the Shire Expressly appointed by act of parliament To Receave the same, And seing They Either neglected or despised the method appointed by the act of Parliament no other manner of offer Invented by themselves contrare to the Said act Should be beneficiall to them, 3tio, It neither was nor can Be their Lordships meaning, That persons who were not classed at all, Should be in a better Condition then such who hade really classed themselves in due tyme but hade failed in payment. Either in the first or Second Thirty dayes, And as these would have been Lyable who failed to pay duely tho classed, in the same manner thir persones who have failed to pay within the sixty days and were not Classed ought to be lyable in the quadruples And it is most agreeable to the forsaid Act of parliament it should be so, for after the Clause in the Act for classing Is Closed with its propper Certification His majestie with Consent forsaid by a Speciall Clause ordains the polemoney to be paid against the first of January or within Twice Thirty days thereafter under particular Certificatione distinct from these anent not Classing. And Therfore the haill persons mentioned in the forsaid List To which the petition relates should be lyable to their petitioner the Tacks-man in these certificationes which are as much the Subject of his Tack as the Single pole of any person duely classed. And as their petitioner humbly Craves their Lordships to Reconsider their former Interloquitor as to the Five persons in the paroch of Traquair upon the grounds above humbly Represented, So it is Earnestly Intreated their Lordships may give Decreits against the rest of the persones Contained in that list finding them lyable For the quadruples, Seing there is no Document whatsoever produced To Instruct That they attended att the Bridge End of Drumfreis upon The Tenth of November To give up their pole to the Commissioners and that the sixty days are Elapsed before Either order was given to offer their pole to the Collectors or any offer of payment actually made to him And That their Lordships would lay down some Generall Rule directing Their petitioners procedure where Commissioners did not duely Keep their meetings And that at Least their Lordships would Find That Either Every person who cannot depone that they did attend the tyme and place Appointed by the Commissioners For classing for classing2 should be Lyable to him in the quadruples, or otherways that the Commissioners of Supply should be lyable to him therein as damnages conform to the Express words of their Lordships proclamation thereanent. And ordain his Majesties Advocate to prosecute such of the Commissioners as did not duely attend conform to the forsaid act of parliament For taking up the Lists That he may thereupon Recover the same by Decreit of their Lordships accordingly, And in like manner That their Lordships would Find and declare all persones who were not returned listed before the Commissioners and reported By the clerks of the Shire to the Thesuary in the terms of the acts of parliament lyable to the Certificationes therein Exprest. And Therfore Humbly Craving their Lordships In Consideration of the premises To find the forsaid Instrument produced for the Five heretors of the paroch of Traquair no Sufficient probation to Instruct That They or any in their name did attend upon the Tenth of november at the Bridge-End of Drumfreis to list themselves For being poled, But that at least Every one of them ought to depone That They Either did attend or gave Commission to class themselves the said day and place, and sent their degrees and Character under their hand with the person Employed by them or otherways to be Lyable in the quadruples, As also to give their Decreit against the rest of the persones within these Ten paroches of Kirkcudbright mentioned in the list given in with the petition and who are not so much as mentioned In the Instrument of the Tenth of November, And sicklike To Find and declare all other persons lyable in the quadruples who were not Returned duely classed to the Thesaury by the respective Clerks within the tyme pre fixed by the act of parliament And To ordain his Majesties Advocate in the terms of their Lordships proclamation To prosecute such of the Commissioners before their Lordships as shall be given in List to him who failed to attend For Taking up the Lists for Recovering the quadruples from them by way of Damnadge off which the petitioner may be dissappointed by their negligence as the said petition Bears The Saids Lords of his majesties privy Councill having Considered this petition given in to them be the Tacks-men of the pole, They heirby Stop the Extracting of the Interloquitor pronunced by their Lordships In favours of the parish of Traquair upon the Twenty First of march Instant, And discharges the Extracting thereof And declares the same null.

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

A1699/3/261

Act

Act stopping the Interloquitor in favours of the heretors of Traquair

Anent The Petition given in to the Lords of his majesties privy Councill By William Cochran of Fergusly Tacks-man of the pole. Shewing That upon a petition presented In name of severall Gentemen within the Ten parishes of the Stewatry of Kirkcudbright Beneath the water of Orr severall questions having arisen which may be of Generall Consequence Through the nation and of very great prejudice to their Petitioner and detriment to the publick Revenue if not duely considered and such determinations given therein, as may fix a Rule to their petitioner for uplifting the polemoney, and severall Certificationes That may be Incurred by the poleable persons conform to the 12th act of the last session of parliament, For clearing of which as to the persons within the said Stewartry of Kirkcudbright and the rest of the Leidges in Generall He humbly craves Liberty to Represent, 1mo, That a naked instrument of a nottar is not Sufficient To Instruct That the poleable persones did attend the day and place appointed by the Commissioners for Listing and classing themselves according to their degrees and qualities Far Less is it sufficient to prove That Either the haill persons who may be named therein or the poleable persons within Ten or more paroches did send along under their hands their degree quality and value of their Estates according to which they were poleable, And yet it is manifest unless they Either hade attended themselves the day and place Appointed by the Commissioners or sent under their hands the quality in which they were to be polled, which not having been done by these five Gentlemen, who prettends to have attended att the Bridge of Drumfreis the day appointed by the Commissioners, nor any other Document of John Browns having any Commission from them for that Effect, But the Assertion of a nottar who is Knowen to be a man of no great credit, It is hoped their Lordships will so farr consider the former Interloquitor as to these five persons in the parish of Traquair as to find the Instrument produced no sufficient probation, But at Least that they and Every one of them ought to give their oath that they did Give Commission to the said John Brown for classing them at the day and place forsaid, and sent along with him for that Effect, otherways that they may be lyable for their quadruples conform to the act of parliament But 2do Esto They should depone in the Terms forsaids, yet in so farr as their was neither payment made to the Collector of the supply within the shire nor offered Either to him or to their petitioner within Sixty days after the First of January They must be still lyable to their petitioner for their quadruples Because the act of parliament Imposing the Pole, ordains the same to be payed, Expressly to the Collector of the Shire upon the first of January or Thirty days thereafter under the pain of Double and failzieing other Thirty days of being lyable to the quadruple, so that the act of parliament having condescended upon a person to whom and within what tyme payment was to be made, under Express certificationes, It is clear That whoever failed in payment were Lyable to the Double or quadruple whither they were Classed or not, And It being Evident by ane order under Laggs hand dated the first of march, That there was no warrand given by the persons within that Bounds and mentioned in that List to offer or pay the pole to the Collector untill the First of march, nor the offer really made untill the second as appears by ane Instrument upon the Back of the said order, It is from Thence as Clear as can be, That the Sixty days being Elapsed after the first of January before the pole was offered the quadruples were theirby Incurred and these persons lyable in payment thereof. And Seing he hes alse good right to the saids quadruples by his Tack and that these persones are alse really debitors therein as in the single pole, It is hoped their Lordships will not deprive him of so much of his right upon the naked assertion of a nottar And it may be obvious to their Lordships That the Instrument taken upon the 27th of February Bearing the persons therein named to have been ready to pay their pole to the Commissioners, to have been only a Sham, For if they hade realy intended to pay their respective poles, what should have hindered them To have paid in the same to the Collector of the Shire Expressly appointed by act of parliament To Receave the same, And seing They Either neglected or despised the method appointed by the act of Parliament no other manner of offer Invented by themselves contrare to the Said act Should be beneficiall to them, 3tio, It neither was nor can Be their Lordships meaning, That persons who were not classed at all, Should be in a better Condition then such who hade really classed themselves in due tyme but hade failed in payment. Either in the first or Second Thirty dayes, And as these would have been Lyable who failed to pay duely tho classed, in the same manner thir persones who have failed to pay within the sixty days and were not Classed ought to be lyable in the quadruples And it is most agreeable to the forsaid Act of parliament it should be so, for after the Clause in the Act for classing Is Closed with its propper Certification His majestie with Consent forsaid by a Speciall Clause ordains the polemoney to be paid against the first of January or within Twice Thirty days thereafter under particular Certificatione distinct from these anent not Classing. And Therfore the haill persons mentioned in the forsaid List To which the petition relates should be lyable to their petitioner the Tacks-man in these certificationes which are as much the Subject of his Tack as the Single pole of any person duely classed. And as their petitioner humbly Craves their Lordships to Reconsider their former Interloquitor as to the Five persons in the paroch of Traquair upon the grounds above humbly Represented, So it is Earnestly Intreated their Lordships may give Decreits against the rest of the persones Contained in that list finding them lyable For the quadruples, Seing there is no Document whatsoever produced To Instruct That they attended att the Bridge End of Drumfreis upon The Tenth of November To give up their pole to the Commissioners and that the sixty days are Elapsed before Either order was given to offer their pole to the Collectors or any offer of payment actually made to him And That their Lordships would lay down some Generall Rule directing Their petitioners procedure where Commissioners did not duely Keep their meetings And that at Least their Lordships would Find That Either Every person who cannot depone that they did attend the tyme and place Appointed by the Commissioners For classing for classing2 should be Lyable to him in the quadruples, or otherways that the Commissioners of Supply should be lyable to him therein as damnages conform to the Express words of their Lordships proclamation thereanent. And ordain his Majesties Advocate to prosecute such of the Commissioners as did not duely attend conform to the forsaid act of parliament For taking up the Lists That he may thereupon Recover the same by Decreit of their Lordships accordingly, And in like manner That their Lordships would Find and declare all persones who were not returned listed before the Commissioners and reported By the clerks of the Shire to the Thesuary in the terms of the acts of parliament lyable to the Certificationes therein Exprest. And Therfore Humbly Craving their Lordships In Consideration of the premises To find the forsaid Instrument produced for the Five heretors of the paroch of Traquair no Sufficient probation to Instruct That They or any in their name did attend upon the Tenth of november at the Bridge-End of Drumfreis to list themselves For being poled, But that at least Every one of them ought to depone That They Either did attend or gave Commission to class themselves the said day and place, and sent their degrees and Character under their hand with the person Employed by them or otherways to be Lyable in the quadruples, As also to give their Decreit against the rest of the persones within these Ten paroches of Kirkcudbright mentioned in the list given in with the petition and who are not so much as mentioned In the Instrument of the Tenth of November, And sicklike To Find and declare all other persons lyable in the quadruples who were not Returned duely classed to the Thesaury by the respective Clerks within the tyme pre fixed by the act of parliament And To ordain his Majesties Advocate in the terms of their Lordships proclamation To prosecute such of the Commissioners before their Lordships as shall be given in List to him who failed to attend For Taking up the Lists for Recovering the quadruples from them by way of Damnadge off which the petitioner may be dissappointed by their negligence as the said petition Bears The Saids Lords of his majesties privy Councill having Considered this petition given in to them be the Tacks-men of the pole, They heirby Stop the Extracting of the Interloquitor pronunced by their Lordships In favours of the parish of Traquair upon the Twenty First of march Instant, And discharges the Extracting thereof And declares the same null.

1. NRS, PC1/51, 554-7.

2. Sic.

1. NRS, PC1/51, 554-7.

2. Sic.