Act, 27 December 1694, Edinburgh

Att Edinburgh the second day of Agust J^aj vi^c nyntie four years. Eodem die post meridiem¹

A1694/8/5

A1694/8/5²

Proclamation

Proclamation for making up deficient men in the Last Levys

The proclamation Follouing Being read votted approven and signed was ordered to be recorded quherof the tenor folloues
William and Mary by the Grace of god King and Queen of Great Brittane France and Ireland Defenders of the faith To […] Macers of our privie Councell messengers at arms our shirreffs in that part Conjunctlly and severally speciallie Constitut greeting Forasmuchas In prosecutione of the seventh Act of the fourth session of this our Current parliament cheerfully offering to us a present Levy of tuo thousand nyne hundred and seventy nyne foot to be Levyed of the severall shires and burghs of this kingdome effeiring to the proportions and numbers sett doun in the forsaid act The Lords of our privie Councell Conform to the pouer given to them in the forsaid act of parliament by their Instructions to the Commissioners of supplie uithin the severall shires of this kingdome of the date the Eight day of february Last by past appointed the saids Commissioners furthuith to make exact Lists of the heretors and Lands Lyable in the said Levy that so it might be perfectly knouen who were Lyable And in case any men were to be putt out by fractions and that they could not aggree who should furnish the body of the man The Saids Commissioners should order the fractions to meet at a Certain day and place And ther determine it by ane equall Lot effeiring to their respective numbers of men or the quantaties of ther respective valuationes as the use uas in every shire so that every Lotter was to have as many Lotts as he had numbers of men or quantaties of valued rent sufficient for the outreik of a man And in case any of the saids fractions should not meet or should refuise to Lott The saids Commissioners were authorized to appoint such as they should think fitt to meet and Lott for them And in case the persone upon whom the Lott fell to putt out a man for himself and his fraction should faill in furnishing the man or should furnish ane Insufficient man Then the tennents and possessors of the Lands and ground belonging to the saids persones who should have putt out the man should be Lyable And the persone upon whom the Lott did fall and who failzied to putt out the man In manner forsaid should be decerned in the soume of tuo hundred merks To which Act of parliament and Instructions forsaids we expected punctuall and exact Complyance yet not only a Great many outreiked and furnished to the said Levy are deficient and altogither wanting in sending out the numbers of men wherin they are Lyable Conforme to the said act of parliament and Instructions nd therby Have Incurred the penalties contained in the saids Instructions by and attour the being Lyable for the persons of the men whom they were to have outreiked Conform to the said Act of parliament and Instructions Therfore and for the more effectuall provyding the said men and Compleating the Number of souldiers offered to us by the forsaid act of parliament and executing the penalties Constitut in the forsaids Instructions we uith advyce of the Lords of our privie Councell perremptorly requyre and Command the shirreffs of the severall shires and their deputes steuarts of steuartries baillies of regalities and their respective deputes and magistrats of burghs royall uithin this our antient kingdome as they will be ansuerable each of them uithin their oune respective Jurisdictions presently upon sight heirof to Call for a List of the deficient men within their respective bounds and of the persons who should have putt out the same and upon recept therof wher no Lotting hath been made for fractions That he Imediatly Cast Lotts amongst the saids fractions who shall putt out the man one or more And then shall pass to the Ground of his Lands upon whom the Lott shall happen to fall And ther Imediatly pittch upon take and apprehend a sufficient man out of his said men able to serve us as a souldier and Committ them prisoners to the prisone of the head burgh of the shire ther to be keeped at four shillings scotts per diem upon the expences of the officer who is to receave him upon advertisement from the shirreff or other Judge forsaid who Causes apprehend and Committ him to the said prisone And which allouance is to be refounded to the said officer by the pay of the said souldier which is to be alloued to him for the said persone from the day of his being Committed as if he had been Listed and Inrrolled as a souldier in our service And in Lyke manner shall apprehend sufficient men upon the Ground of the Lands of these who are Deficient according to the numbers they have not putt out and are Lyable to whither by the rule of the militia specified in the Act of parliament or otheruise And delyver them to the nixt Commanding officers In manner and to the end abovementioned And Lykeuise that they Cause exact the penalties mentioned in the saids Instructions from all who have Incurred the same by and attour the apprehending and delyvering of the man In manner forsaid Our will is heirfore And ue 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 head burghs of the whole shires of this Kingdome And ther in our name and authority make publict Intimation of the premisses That none may pretend ignorance Given under our Signet at Edinburgh the second day of Agust and of our reigne the sixth year 1694 sic subscribitur Tueeddale cancel: Southerland Cassills Leven Tarbat Stair Ross Carmichaell Poluarth Adam Cockburn Robert Sinclair