Tag Archives: 12 January 1699

Act, 12 January 1699, Edinburgh

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Att Edinburgh The Twelth day of January Jaj vic nyntie nyne

D1699/1/41

Act

Act John White for Collecting Polemoney

Anent the petitione given in to the Lords of his majesties privy Councill be John Whyte Collector of the Cess and Supplie of the Shyre of Fyfe Shewing That wher the saids Lords by a publict proclamation appointed the Collector of Cess and Supply within the respective Shyres of this kingdome to Collect and ingather the polemoney Imposed by the Late act of parliament, and for that end ordained the Commissioners of Supply of the respective shyres to meett and Conveen at the ordinary place of meetting Betwixt and the first of January then nixt to come and ther to requyre the Collectors of Supply within the respective Shyres to undertake the Collecting of the polemoney for thie ensueing year And to find Caution for that effect with Certificatione in maner mentioned in the said proclamatione In obedience wherunto the saids Commissioners of Supply of the Shyre of Fyfe did appoint a meetting to be at Couper the last day of December Jaj vic nyntie Eight, at the ordinary time and place of meeting, upon which day the petitioner came to Couper to attend the Commissioners That he might undertake the forsaid Collectione and find Caution to them Conforme to the forsaid proclamation, Bot non of the saids Commissioners did keep the said meetting or Conveened at the forsaid time and place Except […] Mitchell of Murdocarny To whom the petitioner Declared his willingnes to Obey the forsaid proclamation by undertakeing to uplift the pole money payable in the shyre of Fyfe for the moneth of January and February nixt, and to find Caution for that effect in the termes of the said proclamatione Bot he declared that in Respect ther was not a quorum of the saids Commissioners present he could not take upon him to receive the petitioners Cautioners, And Remitted the petitioners to apply to the saids Lords wherupon the petitioner protested and took instruments in the hands of Mr John Malcome nottar publict as the Samen of the date the Threttie one of December Last therwith produced would testifie, And the petitioner is yet most willing to undertake the Collecting of the forsaid polemoney And to find Caution for that effect to any persone whom the saids Lords Should think fitt to appoint to receive the same, Bot In regaird the petitioners residence is at Kirkaldie, Wherby Constant Custome the Collectors of Supply of the Said Shyre are oblidged to receive and Collect the Cess and Supplie payable by the heritors of the said shyre as the samen shall be brought in by them Excepting two or three dayes on which the said Collectors are oblidged to attend and Collect the forsaid Supply at the tounes of St Androwes Couper and Drumfermling, And since It might very much prejudge and hinder the ingathering of the forsaid Supply for his majesties use, and would be exceeding inconvenient to the heritors Lyable in payment of the same, If the petitioner Should be oblidged to attend at Couper, and ther to receive and Collect the forsaid polemoney dureing the saids moneths of January and February as was expressly appointed by the forsaid proclamatione Ordaineing the polemoney to be Collected at the head burgh of each Shyre respective which is Couper in the Shyre of Fyfe And Therfore Humbly Craveing the saids Lords would appoint such persones as they should think fitt For reserveing the petitioners Cautioner for his Collecting and uplifting the forsaid pole money payable in the said Shyre and to dispense with the petitioners Collecting the Same at the Toune of Kirkaldie for the reasones abovementioned as the said petitione bears The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the above John Whyt They Doe hereby give order and warrant to any two or thrie of the Commissioners of Supply within the said Shyre of Fyfe to take and receive the petitioner and his Cautioners bond for Collecting and uplifting of the Polemoney within the said Shyre And Refuses to dispence with the petitioners Collecting of the Same at the toune of Kirkaldy, Bot ordains him to Collect the said money at the head burgh of the said shyre as is appointed by the act of parliament.

Att Edinburgh The Twelth day of January Jaj vic nyntie nyne

D1699/1/41

Act

Act John White for Collecting Polemoney

Anent the petitione given in to the Lords of his majesties privy Councill be John Whyte Collector of the Cess and Supplie of the Shyre of Fyfe Shewing That wher the saids Lords by a publict proclamation appointed the Collector of Cess and Supply within the respective Shyres of this kingdome to Collect and ingather the polemoney Imposed by the Late act of parliament, and for that end ordained the Commissioners of Supply of the respective shyres to meett and Conveen at the ordinary place of meetting Betwixt and the first of January then nixt to come and ther to requyre the Collectors of Supply within the respective Shyres to undertake the Collecting of the polemoney for thie ensueing year And to find Caution for that effect with Certificatione in maner mentioned in the said proclamatione In obedience wherunto the saids Commissioners of Supply of the Shyre of Fyfe did appoint a meetting to be at Couper the last day of December Jaj vic nyntie Eight, at the ordinary time and place of meeting, upon which day the petitioner came to Couper to attend the Commissioners That he might undertake the forsaid Collectione and find Caution to them Conforme to the forsaid proclamation, Bot non of the saids Commissioners did keep the said meetting or Conveened at the forsaid time and place Except […] Mitchell of Murdocarny To whom the petitioner Declared his willingnes to Obey the forsaid proclamation by undertakeing to uplift the pole money payable in the shyre of Fyfe for the moneth of January and February nixt, and to find Caution for that effect in the termes of the said proclamatione Bot he declared that in Respect ther was not a quorum of the saids Commissioners present he could not take upon him to receive the petitioners Cautioners, And Remitted the petitioners to apply to the saids Lords wherupon the petitioner protested and took instruments in the hands of Mr John Malcome nottar publict as the Samen of the date the Threttie one of December Last therwith produced would testifie, And the petitioner is yet most willing to undertake the Collecting of the forsaid polemoney And to find Caution for that effect to any persone whom the saids Lords Should think fitt to appoint to receive the same, Bot In regaird the petitioners residence is at Kirkaldie, Wherby Constant Custome the Collectors of Supply of the Said Shyre are oblidged to receive and Collect the Cess and Supplie payable by the heritors of the said shyre as the samen shall be brought in by them Excepting two or three dayes on which the said Collectors are oblidged to attend and Collect the forsaid Supply at the tounes of St Androwes Couper and Drumfermling, And since It might very much prejudge and hinder the ingathering of the forsaid Supply for his majesties use, and would be exceeding inconvenient to the heritors Lyable in payment of the same, If the petitioner Should be oblidged to attend at Couper, and ther to receive and Collect the forsaid polemoney dureing the saids moneths of January and February as was expressly appointed by the forsaid proclamatione Ordaineing the polemoney to be Collected at the head burgh of each Shyre respective which is Couper in the Shyre of Fyfe And Therfore Humbly Craveing the saids Lords would appoint such persones as they should think fitt For reserveing the petitioners Cautioner for his Collecting and uplifting the forsaid pole money payable in the said Shyre and to dispense with the petitioners Collecting the Same at the Toune of Kirkaldie for the reasones abovementioned as the said petitione bears The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the above John Whyt They Doe hereby give order and warrant to any two or thrie of the Commissioners of Supply within the said Shyre of Fyfe to take and receive the petitioner and his Cautioners bond for Collecting and uplifting of the Polemoney within the said Shyre And Refuses to dispence with the petitioners Collecting of the Same at the toune of Kirkaldy, Bot ordains him to Collect the said money at the head burgh of the said shyre as is appointed by the act of parliament.

1. NRS, PC2/27, 177v-178v.

1. NRS, PC2/27, 177v-178v.

Sederunt, 12 January 1699, Edinburgh

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Att Edinburgh The Twelth day of January Jaj vic nyntie nyne1

D1699/1/32

Sederunt

Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Morton; Earl of Lauderdale; Earl of Lowdoune; Earl of Leven; Earl of Annandale; Earl of Northesk; Lord Strathnaver; Lord Pollwarth; Lord Carmicheall; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdo; Laird of Grant; Laird of Pollock; Lord Provost of Edinburgh

Att Edinburgh The Twelth day of January Jaj vic nyntie nyne1

D1699/1/32

Sederunt

Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Morton; Earl of Lauderdale; Earl of Lowdoune; Earl of Leven; Earl of Annandale; Earl of Northesk; Lord Strathnaver; Lord Pollwarth; Lord Carmicheall; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdo; Laird of Grant; Laird of Pollock; Lord Provost of Edinburgh

1. NRS, PC2/27, 177v.

2. NRS, PC2/27, 177v.

1. NRS, PC2/27, 177v.

2. NRS, PC2/27, 177v.

Act, 12 January 1699, Edinburgh

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Att Edinburgh The Twelfth day of January Jaj vjc nynty and nyne years

A1699/1/81

Act

Act of Liberation Dingwal and Ross

Anent The Petition given in to the Lords of his majesties privy Councill By Rorie Dingwall and Alexander Ross prisoners within the Tolbooth of Edinburgh Shewing That being cited to, and Examined as witnesses, In the action pursued at the Laird of Balnagouns Instance against the Earle of Tullibardine before their Lordships. They by Reason of the prevaricatione of their depositiones were by their Lordships order Incarcerat. It is Therfore Humbly Represented That they being but Two rurall illiterat young men and never being before any Court whatsomever in their life, And far Less before their Lordships, The next greatest Court of the nation, And that the Earle of Tullibardines Lawyers so damped them with Renewed Interrogators not to them Intelligible, They humbly acknowledge now when it is made understood to them, That they did prevaricat in some Circumstances, But as they still solemnly adhere to the substance of their depositiones, so they plead for Gods sake, That their Lordships would shew them pity having nothing to Leave upon for this moneth by past. And Therfore humbly Craving to the Effect underwrittin as the said petition Bears. The saids Lords of his majesties privy Councill Having considered this petition given in to them By the above Rory Dingwall and Alexander Ross, And they considering also That by their order of the Twenty Seventh of December Last, found no need to give order to his Majesties Advocate for pursueing the saids petitioners Criminally, The saids Lords In Respect That the Earle of Tullibardine nor any other person concerned hes not Insisted against them, since that time doe heirby give order and warrant to the magistrats of Edinburgh and Keeper of their Tolbooth to set the petitioners at Liberty furth thereof for which this shall be to all concerned a sufficient warrand.

Att Edinburgh The Twelfth day of January Jaj vjc nynty and nyne years

A1699/1/81

Act

Act of Liberation Dingwal and Ross

Anent The Petition given in to the Lords of his majesties privy Councill By Rorie Dingwall and Alexander Ross prisoners within the Tolbooth of Edinburgh Shewing That being cited to, and Examined as witnesses, In the action pursued at the Laird of Balnagouns Instance against the Earle of Tullibardine before their Lordships. They by Reason of the prevaricatione of their depositiones were by their Lordships order Incarcerat. It is Therfore Humbly Represented That they being but Two rurall illiterat young men and never being before any Court whatsomever in their life, And far Less before their Lordships, The next greatest Court of the nation, And that the Earle of Tullibardines Lawyers so damped them with Renewed Interrogators not to them Intelligible, They humbly acknowledge now when it is made understood to them, That they did prevaricat in some Circumstances, But as they still solemnly adhere to the substance of their depositiones, so they plead for Gods sake, That their Lordships would shew them pity having nothing to Leave upon for this moneth by past. And Therfore humbly Craving to the Effect underwrittin as the said petition Bears. The saids Lords of his majesties privy Councill Having considered this petition given in to them By the above Rory Dingwall and Alexander Ross, And they considering also That by their order of the Twenty Seventh of December Last, found no need to give order to his Majesties Advocate for pursueing the saids petitioners Criminally, The saids Lords In Respect That the Earle of Tullibardine nor any other person concerned hes not Insisted against them, since that time doe heirby give order and warrant to the magistrats of Edinburgh and Keeper of their Tolbooth to set the petitioners at Liberty furth thereof for which this shall be to all concerned a sufficient warrand.

1. NRS, PC1/51, 519.

1. NRS, PC1/51, 519.

Order, 12 January 1699, Edinburgh

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Att Edinburgh The Twelfth day of January Jaj vjc nynty and nyne years

A1699/1/71

Order

Recommendation To the Lord Advocate To write to the sheriff deput of Renfrew anent some witches

The Lords of his Majesties privy Councill doe heirby allow and Recomend to his Majesties Advocate to write to the sheriff deput of Renfrew, That the Councill doe allow the said sheriff deput To see to the mantenance of such persons as he hes prisoners within the Tolbooth of […] for witchcraft in such Reasonable manner as he can best furnish the saids persons not Exceeding ane groat in the day for the mantenance of each person, And that the Councill will give to the sheriff depute a Recommendation to the Lords Commissioners of his Majesties Thesaury for reimbursement whensoever he shall crave the same from their Lordships.

Att Edinburgh The Twelfth day of January Jaj vjc nynty and nyne years

A1699/1/71

Order

Recommendation To the Lord Advocate To write to the sheriff deput of Renfrew anent some witches

The Lords of his Majesties privy Councill doe heirby allow and Recomend to his Majesties Advocate to write to the sheriff deput of Renfrew, That the Councill doe allow the said sheriff deput To see to the mantenance of such persons as he hes prisoners within the Tolbooth of […] for witchcraft in such Reasonable manner as he can best furnish the saids persons not Exceeding ane groat in the day for the mantenance of each person, And that the Councill will give to the sheriff depute a Recommendation to the Lords Commissioners of his Majesties Thesaury for reimbursement whensoever he shall crave the same from their Lordships.

1. NRS, PC1/51, 519.

1. NRS, PC1/51, 519.

Commission by the Council, 12 January 1699, Edinburgh

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A1699/1/61

Commission by the Council

Commission To Livetennent Caldwel anent forstallers

The Lords of his majesties privy Councill Taking to their consideration That the proclamation against Regrating of victuall and forstallers, of the date the fifteenth of November last, Hath not as yet taken Effect, And been duely observed, and it being necessary for the more Effectual Execution of the said proclamation and restraining the abuses discharged by the several acts of parliament therein mentioned. That some particular person be Intrusted and appointed to look after and take care that the said proclamation be punctualy obeyed and observed, And whom the saids Lords may Require to give ane account from time to time of his diligence in the premises. Therfore The Lords of his majesties privy Councill, Gives full power warrand and Commission To Livetennent […] Caldwell To make Inquirie and search who holds up any victuall in Girnells and does not Expose the samen to sale as the ordinary price Rules in the Countrey for the tyme, contrary to the saids Laws and acts of parliament. And to Conveen and prosecute the Transgressours Before the Judge or Judges Competent, As also To Conveen call and pursue before any of the magistrats mentioned in the said proclamation all persons whatsoever who sell by hail sale or Retaile any meal Bought in publict mercats and such who Buy any other Grain in publict mercat and sell the samen again in whole sale or Retaile in the same Kind as it is bought, and not first made in malt, or Grund in flowr, or meal, Before the sale of the samen, And also all persons whatsoever buying oats or pease, whither in publict mercats or otherways and selling the same Either in whole Sale or retaile Before they be first made in meal, Except what oats are or Shall Be bought and Retailed by the Commissaries of the army for the provision of the horse and Dragoons presently Employed in his Majesties Service, And what are or shal be bought and Retailed by the Stablers and Inn-Keepers within their own houses, with power to the said Livetennent […] Caldwell, To pursue all and any of the persons who shall Contraveen the premises in any sort, before any of the Magistrats or Justices of peace or other Judges mentioned in the said Proclamation where the Contravention is Committed and to obtain them fyned in the soume of Ten pounds scots for Each Boll of meall or other victuall sold or Retailed contrare to the said proclamation. And The Saids Lords heirby appoint and assign to him the one half of the saids fynes wherin the saids persons shall be Convict Conform to the forsaid proclamation. And Likewise to prosecute and obtain Convicted before the magistrats forsaids, all persons guilty of forstalling Contrary to the acts of parliament and forsaid proclamation. That is to say all persons who Buys victuall Coming to fair or mercat or makes any Contract or promise for buying the same before the said victuall shall be in the fair or mercat place ready to be sold or shall make any motion By word write or message for raiseing of the prices or dearer selling of the said victuall, or who shall disswade any from coming and bringing the forsaid victuall to fair or mercat. And for the said Livetennent […] Caldwell his Encouradgement, The saids Lords decerne and ordain the fynes of all persons to be Convict in Transgressing the premises to be paid in and belong to him. Viz: for the first fault fourty pounds. and for the second fault Ane Hundered merks, and for the Third fault the hail moveables of the Transgressour, And the saids Lords doe heirby Require and Command all magistrats and officers of the Law To Concur with and give their assistance to the said Livetennent […] Caldwell in the punctuall Execution of this present Commission which is heirby declared to Endure and Continue during the Councils pleasure allenarly, And to be without hinderance and but prejudice to any other person whatsoever to Inform against and prosecute and upon Conviction to uplift the fines of the transgressors of the proclamation abovementioned and acts of parliament therein specified and the other benefits therein provided. And the saids Lords heirby ordain the said Livetennent […] Caldwell to find sufficient Caution acted in their Books to Execute this Commission with all diligence faithfully without Either oppressing any of his majesties Leidges or vexing them with unnecessary pursuits or Conniving with the Transgressors of the forsaid proclamation In any Sort, And that under the pain or penalty of six Hundered pounds Scots in caice of failzie. Sic subscribitur Marchmont Cancellar, Argyle, Morton, Lauderdale Annandale, Strathnaver, Polwarth, James Stewart, James Murray.

Att Edinburgh The Twelfth day of January Jaj vjc nynty and nyne years

A1699/1/61

Commission by the Council

Commission To Livetennent Caldwel anent forstallers

The Lords of his majesties privy Councill Taking to their consideration That the proclamation against Regrating of victuall and forstallers, of the date the fifteenth of November last, Hath not as yet taken Effect, And been duely observed, and it being necessary for the more Effectual Execution of the said proclamation and restraining the abuses discharged by the several acts of parliament therein mentioned. That some particular person be Intrusted and appointed to look after and take care that the said proclamation be punctualy obeyed and observed, And whom the saids Lords may Require to give ane account from time to time of his diligence in the premises. Therfore The Lords of his majesties privy Councill, Gives full power warrand and Commission To Livetennent […] Caldwell To make Inquirie and search who holds up any victuall in Girnells and does not Expose the samen to sale as the ordinary price Rules in the Countrey for the tyme, contrary to the saids Laws and acts of parliament. And to Conveen and prosecute the Transgressours Before the Judge or Judges Competent, As also To Conveen call and pursue before any of the magistrats mentioned in the said proclamation all persons whatsoever who sell by hail sale or Retaile any meal Bought in publict mercats and such who Buy any other Grain in publict mercat and sell the samen again in whole sale or Retaile in the same Kind as it is bought, and not first made in malt, or Grund in flowr, or meal, Before the sale of the samen, And also all persons whatsoever buying oats or pease, whither in publict mercats or otherways and selling the same Either in whole Sale or retaile Before they be first made in meal, Except what oats are or Shall Be bought and Retailed by the Commissaries of the army for the provision of the horse and Dragoons presently Employed in his Majesties Service, And what are or shal be bought and Retailed by the Stablers and Inn-Keepers within their own houses, with power to the said Livetennent […] Caldwell, To pursue all and any of the persons who shall Contraveen the premises in any sort, before any of the Magistrats or Justices of peace or other Judges mentioned in the said Proclamation where the Contravention is Committed and to obtain them fyned in the soume of Ten pounds scots for Each Boll of meall or other victuall sold or Retailed contrare to the said proclamation. And The Saids Lords heirby appoint and assign to him the one half of the saids fynes wherin the saids persons shall be Convict Conform to the forsaid proclamation. And Likewise to prosecute and obtain Convicted before the magistrats forsaids, all persons guilty of forstalling Contrary to the acts of parliament and forsaid proclamation. That is to say all persons who Buys victuall Coming to fair or mercat or makes any Contract or promise for buying the same before the said victuall shall be in the fair or mercat place ready to be sold or shall make any motion By word write or message for raiseing of the prices or dearer selling of the said victuall, or who shall disswade any from coming and bringing the forsaid victuall to fair or mercat. And for the said Livetennent […] Caldwell his Encouradgement, The saids Lords decerne and ordain the fynes of all persons to be Convict in Transgressing the premises to be paid in and belong to him. Viz: for the first fault fourty pounds. and for the second fault Ane Hundered merks, and for the Third fault the hail moveables of the Transgressour, And the saids Lords doe heirby Require and Command all magistrats and officers of the Law To Concur with and give their assistance to the said Livetennent […] Caldwell in the punctuall Execution of this present Commission which is heirby declared to Endure and Continue during the Councils pleasure allenarly, And to be without hinderance and but prejudice to any other person whatsoever to Inform against and prosecute and upon Conviction to uplift the fines of the transgressors of the proclamation abovementioned and acts of parliament therein specified and the other benefits therein provided. And the saids Lords heirby ordain the said Livetennent […] Caldwell to find sufficient Caution acted in their Books to Execute this Commission with all diligence faithfully without Either oppressing any of his majesties Leidges or vexing them with unnecessary pursuits or Conniving with the Transgressors of the forsaid proclamation In any Sort, And that under the pain or penalty of six Hundered pounds Scots in caice of failzie. Sic subscribitur Marchmont Cancellar, Argyle, Morton, Lauderdale Annandale, Strathnaver, Polwarth, James Stewart, James Murray.

1. NRS, PC1/51, 517-8.

1. NRS, PC1/51, 517-8.

Sederunt, 12 January 1699, Edinburgh

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Att Edinburgh The Twelfth day of January Jaj vjc nynty and nyne years1

A1699/1/52

Sederunt

Lord Chancellor; Earl of Argylle; Earl of Crafurd; Earl of Morton; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Annandale; Earl of Northesk; Lord Strathnaver; Lord Polwarth; Lord Carmichaell; Lord Ruthven; Lord Advocate; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crosrigg; Lord Rankillor; Lord Phesdoe; Laird of Grant; Laird of Pollock; Lord Provost of Edinburgh

Att Edinburgh The Twelfth day of January Jaj vjc nynty and nyne years1

A1699/1/52

Sederunt

Lord Chancellor; Earl of Argylle; Earl of Crafurd; Earl of Morton; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Annandale; Earl of Northesk; Lord Strathnaver; Lord Polwarth; Lord Carmichaell; Lord Ruthven; Lord Advocate; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crosrigg; Lord Rankillor; Lord Phesdoe; Laird of Grant; Laird of Pollock; Lord Provost of Edinburgh

1. NRS, PC1/51, 517.

2. NRS, PC1/51, 517.

1. NRS, PC1/51, 517.

2. NRS, PC1/51, 517.