Act, 28 December 1693, Edinburgh

Edinburgh The Twentie Eight day of June J^aj vj^c nyntie thrie years Post meridiem

D1693/6/28

D1693/6/28¹

Act

Act Mr James Gray and the Commissioners of Suply of Aberdeen Shyre

Anent a Petition given in to the Lords of ther Majesties privy Councill be the Commissioners of the Supply of the Shyre of Aberdein and Especially Mr James Gray of Ballgowney Shewing That quher the petitioners lands of Balgony and Cairnfeild in the parish of old Machar doe Lye within the Shyre of Aberdein and are but two myles distant from the toune of Aberdein the head burgh of the Shyre, yet nevertheless the saids lands are quartured upon by order of the Collector of the Shyre of Banff as if the lands of Balgony ware apart of the Shyre of Banff and deficient in payment of their proportione of the supply wheras the forsaids Lands Doe Lye within the Shyre of Aberdeen and have been in use to pay cess and publict dues as a part of that Shyre in all time bygone, which they did instruct by the evidences following viz Primo by a Chartor of the saids Lands to the deceast Mr Thomas, and Thomas Meinzieses elder and younger of Balgony date 1613 wherin the saids Lands are Designed to Lye within the parichen of Machar and Shireffdome of Aberdein, And the wholl progress of writtes since that time, Doe Designe the lands in the same maner Secundo The petitione Doeth produce ane extract of ane act of the Comittie of the estates in anno 1648 mentioneing a difference betwixt the shyres of Aberdeen and Banff anent the lands Lyeing in the pariochens of St Fergus, New and Old Machar, whither these Lands should contribute in the Levies with the Shyr of Banff or that of Aberdein, And the Committie of Estates haveing Considered that act of Parliament Ordaineing the same to pay mantinance as they Lye Locally within the Shyres And that these lands did pay former levies with the shyre of Aberdein Therfore Ordained that in time comeing they should be Lyable in payment of all publict burdeins with the shyre of Aberdein, and the shyre of Bamff Discharged to midle therwith, This being allwayes without Diminition of the publict burdeins of the said shyre, As it is Imposed by act of Parliament, And accordingly the Lands in these paroches have been in the constant use of paying of their cesses with the said shyre, Tertio the The petitioner produces a Declaration of the Collector of Aberdeen Shyre that the Lands of Balgony are valued to seven hundred and twentie pund by the Commissioners of the shyre of Aberdein and have been in use to pay ther cess according to that valuatione and the ceses of the particular termes for quhich quartering is used is payed to the Collector of the shire of Aberdeen as his acknowledgment under his hand therwith produced would testifie Quarto This is a matter in which the wholl heritors and Commissioners of the shyre are concerned for by the same rule that the lands of Balgony could be made a part of the shyre of Bamff, The wholl Lands in the said thrie paroches of St Fergus old and New Machar would be pairts of the Shyre of Bamff, which would exceidingly burdein the rest of the shyre and case that of Bamff For their being a totall valuation of the shire contained in the severall acts of Parliament anent the cess quhich is proportioned by the Commissioners of Supply, The wholl valuation of the saids thrie parishes which have been in use to pay with Aberdein would fall to be cast upon the other pairt of the shyre which would not only introduce a new and extraordinary burdein Bot likewayes ane extraordinary Disorder in proportioneing the said burdein which ought not to be done at all much less in such a sumar method And Therfore Humbly Craveing the said Lords would grant warrand for removeing any part of Souldiers quartered upon the Lands of Balgony and Cairnfeild for deficiency in payment of ceses or other publict dues as a part of the shyre of Bamff without payment of any quartering money, And to prohibit and Discharge any such sumar quartering upon the saids Lands, or any others within the Shyre of Aberdein otherwayes then in the methods prescryved by Law. In caise these Lands or the heritors therof be deficient in payment of their proportiones as parts of the said shyre of Aberdein, as also to Decerne James Cock the Collector of the shyre of Banff to repay the petitioner expences according to the saids Lords modificatione In Respect of his unwarantable order for the said quartering quhich was produced to the petitioners procurator when he took instruments against the said Illegall quartering as appeared by instruments therwith produced. The Lords of their Majesties Privy Councill haveing Considered the petition given in to them be the Commissioners of Supply of the Shyre of Aberdeen and specially be Mr James Gray of Balgony with the answers made therto for the Commissioners of Supply of the Shyre of Bamff They heirby Give Full power and Commissione to the Earle of Erroll Shirreff principall of the shire of Aberdein and Sir James Ogilvie shireff principall of the shyre of Bamff to consider the said petition and adjust the said matter amongst the parties therin concerned, And for that effect to meet at Turreff the first day of August nixt and therafter at such other dayes or dyets as they shall of consent appoint, And to hear all parties concerned and consider their writtes and rights and take full tryall in the said matter Aither by oath of parties or witnesses, And for that effect to Issue furth precepts For citeing of witnesses or havers of writtes, And to doe all other things necessary and lawfull for clearing of this matter and bringing the same to a Speedy setlement And in caice of deficulty and not setling the said matter to report the same to the Councill with their first conveniencie.