Act, 7 May 1696, Edinburgh

Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the seventh day of Maj Jaj vjc nyntie six years

A1696/5/141

Act

Act as to The Difficulties Anent the pole

The Lords of his Majesties privie Councell Having heard the Difficulties proposed by some Collectors of the polemoney Anent the Ingathering of the same read in their presence off which Difficulties the tenor folloues primo How they shall stress the deficients for payment since the Act of parliament appoints the sentence of the Commissioners or the Inferior Judge wher they Live to proceed and what shall be done as to remote Isles and Highlands wher the Inhabitants and Heretors have neither Listed nor payed Secundo If souldiers be Imployed who shall pay these souldiers their deficient money since the act of parliament alloues all expences to Come off the pole itself Tertio many deficients uould now pay in their single pole upon a full discharge but uill not pay a farthing uithout it And the Commissioners uill not warrand the Collector to accept single pole nor Can the Collector uithout warrand accept it now when the quadruple are Incurred Quarto what shall be done for getting up the pole of these that are dead since they were Listed or are Insolvent or have fled the shire Quinto some Collectors Crave horning against the deficients Sexto some Collectors report that the Act of parliament allouing only poynding or Imprisonment for deficiency of the pole some are so poor that they have nothing to be poynded but the Cloaths and they uould starve in prison and they are not Capable to be quartered upon Septimo The Collector of Drumfreis Represents2 That he Can gett neither Lists of pole nor polemoney through not meeting of these concerned octavo some Collectors represent that much of the pole is in Copper money and Clipped fourteens And when these fourteens were offered to the Generall Receavers They refuised them These who have quantaties of the Copper money Crave it may be taken from them in the shire or they alloued transport money for bringing it to Edinburgh nono The Shirreff of the Mearns pleads passionatly for a delay of their whyte fishers pole For they are begging through the Countrey this winter and Spring and have not to Cover their nakednes Decimo severall Collectors represent that they have payed in almost all they have receaved and ansuered the forces in the Countrey the precepts drauen on them for the pole undecimo The Collectors of Invernes and Aberdeen shires seems to Give the best accompt of their dilligence as their Letters Bears The Collector of Invernes hes payed in all the pole Except one hundred and fiftie pounds scotts which he Craves to be alloued for his extraordinary pains He Gives in a List of some highlanders who have not Listed themselves nor payed their pole and some Renunciations of the title of Gentlemen given in by others Duodecimo It is Informed that some of the west Countrey people plead to be free of their pole for their Late Rendivouzing and appearing in armes for the Government The Saids Lords upon reading of the forsaids Difficulties appointed Sir Gilbert Eliot to give in ansuers in wryting to each particular Difficulty from the former proceedings in Councell anent the said pole money And to present the same to the Councell against their nixt meeting And the said Sir Gilbert Eliot having drauen up ansuers to the saids Difficulties Did this day offer the same to the Councell wherof the tenor Folloues To the First by the Act of parliament any of the Commissioners of supplie are to pronunce sentence or any other Inferior Judge is alloued to Give sentence wherupon poynding or Imprisonment may proceed To the second by the Last proclamation of Councell The paroch Collectors and Collectors of supplie are to Give up Lists of the Deficients to the shirreffs and their deputes at the dayes therin appointed And the shirreffs or other deputs are to stress the deficients by poynding or Imprisonment for the quadruples Conform to the Act of parliament And this is to be done in the Isles and other highland shires as uell as elsewher And they are alloued souldiers for their assistance in the executione of their Decreits And the triples will be sufficient to defray the souldiers expences and affoord a Competent allouance to the shirreff for his paines after he hes Compted for the single pole of such deficients to the Thesaury To the Third After the dayes mentioned in the proclamatione are elapsed The shirrefis to be Comptable for the pole of all who are then deficient And to exact the quadruples from them and to be Comptable in the terms of the proclamatione And the Collectors are not further Concerned To the Fourth For such as are Insolvent or have fled the shire The Collectors are not further ansuerable but to Give them up as deficients If these who have fled have Left noe effects to the value of their pole And if they have Left effects The shirreff is to poynd for the quadruples And as to these who are dead since they were Listed they Cannot be very Numerous But even as to them if the dayes of the proclamatione were elapsed before their Death The shirreffs may take Decreits against their executors for the quadruples as well as against themselves for Deficiency if they had been alyve To the Fifth The Act of parliament and proclamations of Councell allouing poynding and summar apprysing of the goods poynded for the pole money upon a sentence of the Commissioners of supplie or any other Judge Letters and superfluous To the sixth For such as Live upon charity they are not Lyable to a pole And if they be householders It is not possible but they must have other goods then wearing Cloaths to be poynded And if they Earn wages The master must be Lyable for their pole out of their fee or wages And no quartering is to be alloued in any caise To the seventh The Collector of Drumfreis as well as all the Collectors of Scotland are by the former warrands of Councell alloued Letters of Horning to Charge the Commissioners to meet if need beis and to Charge the Elders of every paroch and householders to Give up the Lists of their severall paroches and families with3 their pole so that if he make use of thir Letters Ther is noe Ground for his Complaint And farder if need beis Letters may be raised on the Act of parliament Charging masters to Give up the names of their tennents uith the pole money payable by them To the Eight The Collectors are obleidged for their sallaries to pay in the polemoney to the Generall Receavers att Edinburgh as uell as the Collectors of Supplie are obleidged to pay in the Cess And by former orders of Councell the Collectors of Supplie are alloued to receave in from the paroch Collectors what Clipped money they had receaved before the proclamatione of Councill Discharging the same They giving their oath before any of the Commissioners of supplie that they had receaved these Individuall peices of money before the proclamatione was published in their shire so that ther Can be no transport money alloued for Carrying the pole to Edinburgh nor is their any difficultie upon the account of Clipped money To the Nynth by a former order of Councell the whyte fishers of the Mearns are declared not to be Lyable for the pole as seamen but for a single pole which such as Imployed them uere to advance for them and detaine out of their wages when they should be Imployed To the Tenth and Eleventh, what the Collectors hes payed in of the pole money aither to the Generall Receavers themselves or upon their precepts to the forces uill exoner them sufficiently pro tanto But nothing is to be alloued for extraordinary pains Ther being tuo per Cent alloued to the Collectors of supplie upon that account by the Last proclamatione of Councell besyds the tuo per Cent alloued them by the first proclamation and they have seven per Cent of all they should Collect which hath been aither omitted by the paroch Collectors or wherto any persone uas Lyable for being wronge Classed To the Tuelvth neither the Act of parliament nor proclamations of Councell Doe allow any persons to be exonered of their pole upon their rendivouzing or appearing in Armes upon the Late threatned Invasione The saids Lords of his Majesties privie Councell Having this day Considered the forsaids Difficulties and ansuers made therto They Doe heirby approve of the above ansuers And alloues Coppies therof to be transmitted to such shires as his Majesties Advocat shall think fitt And appoints John Andersone as the sollicitors servant to transmitt the same to the severall shires

Att Edinburgh the seventh day of Maj Jaj vjc nyntie six years

A1696/5/141

Act

Act as to The Difficulties Anent the pole

The Lords of his Majesties privie Councell Having heard the Difficulties proposed by some Collectors of the polemoney Anent the Ingathering of the same read in their presence off which Difficulties the tenor folloues primo How they shall stress the deficients for payment since the Act of parliament appoints the sentence of the Commissioners or the Inferior Judge wher they Live to proceed and what shall be done as to remote Isles and Highlands wher the Inhabitants and Heretors have neither Listed nor payed Secundo If souldiers be Imployed who shall pay these souldiers their deficient money since the act of parliament alloues all expences to Come off the pole itself Tertio many deficients uould now pay in their single pole upon a full discharge but uill not pay a farthing uithout it And the Commissioners uill not warrand the Collector to accept single pole nor Can the Collector uithout warrand accept it now when the quadruple are Incurred Quarto what shall be done for getting up the pole of these that are dead since they were Listed or are Insolvent or have fled the shire Quinto some Collectors Crave horning against the deficients Sexto some Collectors report that the Act of parliament allouing only poynding or Imprisonment for deficiency of the pole some are so poor that they have nothing to be poynded but the Cloaths and they uould starve in prison and they are not Capable to be quartered upon Septimo The Collector of Drumfreis Represents2 That he Can gett neither Lists of pole nor polemoney through not meeting of these concerned octavo some Collectors represent that much of the pole is in Copper money and Clipped fourteens And when these fourteens were offered to the Generall Receavers They refuised them These who have quantaties of the Copper money Crave it may be taken from them in the shire or they alloued transport money for bringing it to Edinburgh nono The Shirreff of the Mearns pleads passionatly for a delay of their whyte fishers pole For they are begging through the Countrey this winter and Spring and have not to Cover their nakednes Decimo severall Collectors represent that they have payed in almost all they have receaved and ansuered the forces in the Countrey the precepts drauen on them for the pole undecimo The Collectors of Invernes and Aberdeen shires seems to Give the best accompt of their dilligence as their Letters Bears The Collector of Invernes hes payed in all the pole Except one hundred and fiftie pounds scotts which he Craves to be alloued for his extraordinary pains He Gives in a List of some highlanders who have not Listed themselves nor payed their pole and some Renunciations of the title of Gentlemen given in by others Duodecimo It is Informed that some of the west Countrey people plead to be free of their pole for their Late Rendivouzing and appearing in armes for the Government The Saids Lords upon reading of the forsaids Difficulties appointed Sir Gilbert Eliot to give in ansuers in wryting to each particular Difficulty from the former proceedings in Councell anent the said pole money And to present the same to the Councell against their nixt meeting And the said Sir Gilbert Eliot having drauen up ansuers to the saids Difficulties Did this day offer the same to the Councell wherof the tenor Folloues To the First by the Act of parliament any of the Commissioners of supplie are to pronunce sentence or any other Inferior Judge is alloued to Give sentence wherupon poynding or Imprisonment may proceed To the second by the Last proclamation of Councell The paroch Collectors and Collectors of supplie are to Give up Lists of the Deficients to the shirreffs and their deputes at the dayes therin appointed And the shirreffs or other deputs are to stress the deficients by poynding or Imprisonment for the quadruples Conform to the Act of parliament And this is to be done in the Isles and other highland shires as uell as elsewher And they are alloued souldiers for their assistance in the executione of their Decreits And the triples will be sufficient to defray the souldiers expences and affoord a Competent allouance to the shirreff for his paines after he hes Compted for the single pole of such deficients to the Thesaury To the Third After the dayes mentioned in the proclamatione are elapsed The shirrefis to be Comptable for the pole of all who are then deficient And to exact the quadruples from them and to be Comptable in the terms of the proclamatione And the Collectors are not further Concerned To the Fourth For such as are Insolvent or have fled the shire The Collectors are not further ansuerable but to Give them up as deficients If these who have fled have Left noe effects to the value of their pole And if they have Left effects The shirreff is to poynd for the quadruples And as to these who are dead since they were Listed they Cannot be very Numerous But even as to them if the dayes of the proclamatione were elapsed before their Death The shirreffs may take Decreits against their executors for the quadruples as well as against themselves for Deficiency if they had been alyve To the Fifth The Act of parliament and proclamations of Councell allouing poynding and summar apprysing of the goods poynded for the pole money upon a sentence of the Commissioners of supplie or any other Judge Letters and superfluous To the sixth For such as Live upon charity they are not Lyable to a pole And if they be householders It is not possible but they must have other goods then wearing Cloaths to be poynded And if they Earn wages The master must be Lyable for their pole out of their fee or wages And no quartering is to be alloued in any caise To the seventh The Collector of Drumfreis as well as all the Collectors of Scotland are by the former warrands of Councell alloued Letters of Horning to Charge the Commissioners to meet if need beis and to Charge the Elders of every paroch and householders to Give up the Lists of their severall paroches and families with3 their pole so that if he make use of thir Letters Ther is noe Ground for his Complaint And farder if need beis Letters may be raised on the Act of parliament Charging masters to Give up the names of their tennents uith the pole money payable by them To the Eight The Collectors are obleidged for their sallaries to pay in the polemoney to the Generall Receavers att Edinburgh as uell as the Collectors of Supplie are obleidged to pay in the Cess And by former orders of Councell the Collectors of Supplie are alloued to receave in from the paroch Collectors what Clipped money they had receaved before the proclamatione of Councill Discharging the same They giving their oath before any of the Commissioners of supplie that they had receaved these Individuall peices of money before the proclamatione was published in their shire so that ther Can be no transport money alloued for Carrying the pole to Edinburgh nor is their any difficultie upon the account of Clipped money To the Nynth by a former order of Councell the whyte fishers of the Mearns are declared not to be Lyable for the pole as seamen but for a single pole which such as Imployed them uere to advance for them and detaine out of their wages when they should be Imployed To the Tenth and Eleventh, what the Collectors hes payed in of the pole money aither to the Generall Receavers themselves or upon their precepts to the forces uill exoner them sufficiently pro tanto But nothing is to be alloued for extraordinary pains Ther being tuo per Cent alloued to the Collectors of supplie upon that account by the Last proclamatione of Councell besyds the tuo per Cent alloued them by the first proclamation and they have seven per Cent of all they should Collect which hath been aither omitted by the paroch Collectors or wherto any persone uas Lyable for being wronge Classed To the Tuelvth neither the Act of parliament nor proclamations of Councell Doe allow any persons to be exonered of their pole upon their rendivouzing or appearing in Armes upon the Late threatned Invasione The saids Lords of his Majesties privie Councell Having this day Considered the forsaids Difficulties and ansuers made therto They Doe heirby approve of the above ansuers And alloues Coppies therof to be transmitted to such shires as his Majesties Advocat shall think fitt And appoints John Andersone as the sollicitors servant to transmitt the same to the severall shires

1. NRS, PC1/50, 511-15.

2. The phrase ‘that much of the pole is in Copper money And Clipped Fourteens And when these Fourteens were offered to the Generall Receavers’ scored out here.

3. Insertion. The word ‘of’ scored out here.

1. NRS, PC1/50, 511-15.

2. The phrase ‘that much of the pole is in Copper money And Clipped Fourteens And when these Fourteens were offered to the Generall Receavers’ scored out here.

3. Insertion. The word ‘of’ scored out here.