Act, 6 October 1697, Edinburgh

Att Edinburgh the tenth day of February J^aj vi^c nyntie seven seven years

A1697/2/26

A1697/2/26¹

Proclamation

Proclamation for Compleating the Levy of 1000 men for the year 1697 And in case of deficiency to paynd the Leaders

The proclamation After Insert being this day read the same was Votted approven and signed wherof the tenor Folloues
William By the Grace of God King of Great Britaine France and Ireland defender of the faith To […] Macers of our privie Counsell Messengers at arms our shirreffs in that part Conjunctly and Severally speciallie Constitut Greeting Forasmuch as we by our proclamation of the date the sixteenth day of december Last by past did require and Command the Commissioners of Supply uithin the severall Shires of this Kingdome to have mett upon the dayes and all the places mentioned in the said proclamation And ther and then to have desegned and had in readiness In manner and Conform to the tuenty third Act Last Session of this Current parliament and methods therein sett doun the respective Numbers of men particularly mentioned in the forsaid proclamation or tuenty four pounds Scotts for each man not delyvered to or receaved by the officers sent by order of our privy Councill or of Colonell George Hamilton Collonell to one of our regiments of Foot in Flanders at the head burghs of the severall Shires and steuartries of this Kingdome all the dayes particularly mentioned in the forsaid proclamation And albeit officers did attend all the headburghs of the saids respective shires and steuartries att that tyme and upon the dayes prefixed In our former proclamation to have receaved the men from these respective Shires and Steuartries which they were to furnish for this year or tuenty four pounds for each undelyvered Man Conform to the forsaid Act of parliament Nevertheless in many Shires neither men nor money were delyvered To the Great detriment of our service and disappointment of our officers who were therby to make the recruites necessary for our troopes in Flanders and to the Great expensses of the saids officers and their needles attendance Therfore we uith advyce of the Lords of our privy Councill require and Command the Commissioners of Supply of all the Shires and Steuartries uithin this Kingdome to meet and tymously designe Leaders for the respective proportiones of men to be furnished by their saids Shires or Steuartries And which Leaders so designed for all the shires and steuartries upon this syde of Tay We with advyce forsaid require and Command to provyde and have in readines the respective Numbers of men which they as Leaders are appointed to furnish or tuenty four pounds Scotts for each undelyvered man – which men or money forsaid are to be delyvered or paid in by them at the head burghs of the respective Shires or Steuartries to such officers or others as shall be sent by the Lords of our privy Councill or the said Collonell George Hamilton sufficiently Impouered by whatever orders and warrands upon the tuenty day of this instant month of February And the respective Leaders for all the rest of the Kingdome to delyver or pay their men or money at the respective head burghs of their Shires and Steuartries to be persons to be sent and Impowred in manner forsaid upon the first day of March nixt to Come with Certification to the saids Commissioners who shall not design Leaders uithin their respective bounds they shall be Lyable to the penalties for their failzeor therein mentioned in the acts of parliament made anent the Militia And we with advyce forsaid Certifie declare and Decerne that such of the Leaders who shall faill to delyver the men or pay the money to the persons to be sent and Impoured In manner forsaid att the places and upon the dayes respective abovementioned They shall be Lyable to the saids persons Impowred to receave the same in the somme of one Hundred pounds Scotts for each man that Shall not be delyvered or the said somme of tuenty four pounds Scotts in money payed for him In manner forsaid which hundred pounds is presently to be exacted and raised from the respective Leaders deficient In manner Specified and appointed for deficiency in the outreiks to the militia by the second Act second parliament King Charles the second Conform wherunto we with advyce forsaid authorize and Impower the Commissioners of Supplie or any tuo of them After tryall taken that the respective Leaders or any of them have been deficient in the delyverie of their Men or payments forsaids to Give order and warrand to any persone whom they shall think fitt (whom we heirby make and Constitut our Shirreff in that part to that effect allenarly) to poynd and distrinzie the readiest Goods and gear of the saids deficient Leaders wherever the Same be found apprise and make sale therof touards the payment of the said hundred pounds for each undelyvered man to be Specified in the said warrand And the Charges and expensys of the poynding and apprysing these charges and expences aluayes not exceeding the somme of ten pounds Scotts money for each hundred pounds for which the poynding shall be used With pouer to our said Shirreff in that part be vertue of that order to poynd the goods uithout necessity of Carrying the same to the paroch Church or mercat Cross of the headburgh of the Shire or Steuartry to be apprised And to doe and Act in the executione of the said order sicklyke as a messenger at armes may doe by the Law in executione of Letters of poynding and apprysing Given under our Signet provyding aluayes that the Goods poynded be valued and aprysed by tuo honest such men whose oaths the said Shirreff in that part is authorized to take for that effect And declare that it shall be Leisum to the party from whom the Goods Shall be poynded to redeem the same uithin six dayes after the poynding By payment of the Soumes for which the poynding shall be used expences of the poynding forsaid and fourty shilling Scotts money for each day during the not redemption And in case the Goods be not redeemed uithin the space forsaid Declares that it shall be Laufull to the said person officer or other to whose behoof the Good are poynded to retain the Goods or sell the Same he satisfying the party from whom the Goods were poynded of the Superplus price if any be after deduction of the third of the somme to which they uere apprised And fourty Shilling Scotts for the day during the space the party had pouer to redeem And declares the warrand Signed by tuo of the saids Commissioners to have the force and strength of advocat And that ther is no necessity of any precept or charge to follow theron But that the poynding and apprysing so used by vertue of the said warrand Is and shall be also Lawfull and valide as if all the solemnities requisite and usuall in poyndings were observed Conform to the forsaid Act Concerning the militia in all points according to which the Numbers of men to be outreicked for our Service in this present year uere to be furnished Our Will is Heirfore And we Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and to the mercat Crosses of the remanent Headburghs of the Severall Shires and Steuartries uithin this Kingdome And ther in our name and authority by open proclamation make Intimation herof that none pretend ignorance And we heirby ordaine our sollicitor to transmitt Coppies heirof to the severall Clerkes to the Commissioners of supplie of the severall shires and steuartries within this Kingdome And we require and Command them to Give advertisement in wryting to the severall Leaders uithin their bounds of the dayes prefixed for delyverie of their said men or the said tuenty four pounds Scotts and of the Certification and penaltie above sett doun in case of failzure uith the execution to follow herupon in exacting therof as they will be Ansuerable And ordaines these presents to be printed and published Given under our Signet at Edinburgh the tenth day of February and of our reigne the Eight year 1697 sic subscribitur.