Tag Archives: 18 March 1697

Decreet, 18 March 1697, Edinburgh

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Att Edinburgh the Eightein day of March Jaj vic nyntie seven yeirs

D1697/3/91

Decreet

Interloquitor Mr Jack and his majesties advocat Against Mr Wilkie Kirkwood and Douglas

The lybell at the instance of Mr William Jack minister at Kelso Against Mr John Wilkie and Mr James Kirkwood And the lybell John Earle of Roxburgh Against Mr James Dowglas being this day called in presence of the Lords of his majesties privie Counsell And his majesties advocat and Mr William Jack Compeareing personallie And the said Earle of Roxburgh Compeareing by John Lord Yester one of his tutors with Sir Patrick Home and Sir David Thores his advocats and the saids Mr John Wilkie being absent oft tymes called and not compeareing and the said Mr James Kirkwood Compeareing also personallie with the said Sir Patrick Home and Sir David Thores his Advocats and the said Mr James Dowglas Compareing also personallie with Mr David Forbes his Advocat who compared also as advocat for the said Mr William Jack The lybell against Mr Wilkie and Kirkwood with the ansuers made therto for the said Mr Kirkwood being read and the saids Lords haveing considered both lybells They Doe heirby grant certificatione against the said Mr John Wilkie in respect of his absence and not compeareance And ordaines Letters of Denunceatione to be Direct to macers or messengers at armes to Dwely Laufullie and orderlie Denunce the Said Mr John Wilkie his majesties rebell Escheat and inbring all his moveable goods and geir to his majesties wse for his contempt and Disobedience And the saids Lords refwises to receave witnesses upon the said lybell against Mr Kirkwood but Suffered the Samen to fall and nominats and appointes the Earle of Leven The Lord Advocat the Lord Philliphawgh and the Lord proveist of Edinburgh to be a Comittie to Speake with persewers and defenders in both the saids processes except Mr John Wilkie against whom certificatione is granted as said is and to recomend to Mr William Jack and Mr James Kirkwood to returne to ther respective homes and to Live at peace one with other and to endeavoure to preserve the peace of the place wher they Live and to recomend to the said Committie to Endeavoure to Setle and agrie the Earle of Roxburgh and Mr James Dowglas in the proces raised at the Earles instance against the said Mr James and recomends to them to discuss and send home the witnesses in both the saids processes and to meet the morrow at ten in the foirnoon And appoints any two of the said Comitie to be a Sufficient qworwm And in caise they Shall not Setle the Said process to report

Att Edinburgh the Eightein day of March Jaj vic nyntie seven yeirs

D1697/3/91

Decreet

Interloquitor Mr Jack and his majesties advocat Against Mr Wilkie Kirkwood and Douglas

The lybell at the instance of Mr William Jack minister at Kelso Against Mr John Wilkie and Mr James Kirkwood And the lybell John Earle of Roxburgh Against Mr James Dowglas being this day called in presence of the Lords of his majesties privie Counsell And his majesties advocat and Mr William Jack Compeareing personallie And the said Earle of Roxburgh Compeareing by John Lord Yester one of his tutors with Sir Patrick Home and Sir David Thores his advocats and the saids Mr John Wilkie being absent oft tymes called and not compeareing and the said Mr James Kirkwood Compeareing also personallie with the said Sir Patrick Home and Sir David Thores his Advocats and the said Mr James Dowglas Compareing also personallie with Mr David Forbes his Advocat who compared also as advocat for the said Mr William Jack The lybell against Mr Wilkie and Kirkwood with the ansuers made therto for the said Mr Kirkwood being read and the saids Lords haveing considered both lybells They Doe heirby grant certificatione against the said Mr John Wilkie in respect of his absence and not compeareance And ordaines Letters of Denunceatione to be Direct to macers or messengers at armes to Dwely Laufullie and orderlie Denunce the Said Mr John Wilkie his majesties rebell Escheat and inbring all his moveable goods and geir to his majesties wse for his contempt and Disobedience And the saids Lords refwises to receave witnesses upon the said lybell against Mr Kirkwood but Suffered the Samen to fall and nominats and appointes the Earle of Leven The Lord Advocat the Lord Philliphawgh and the Lord proveist of Edinburgh to be a Comittie to Speake with persewers and defenders in both the saids processes except Mr John Wilkie against whom certificatione is granted as said is and to recomend to Mr William Jack and Mr James Kirkwood to returne to ther respective homes and to Live at peace one with other and to endeavoure to preserve the peace of the place wher they Live and to recomend to the said Committie to Endeavoure to Setle and agrie the Earle of Roxburgh and Mr James Dowglas in the proces raised at the Earles instance against the said Mr James and recomends to them to discuss and send home the witnesses in both the saids processes and to meet the morrow at ten in the foirnoon And appoints any two of the said Comitie to be a Sufficient qworwm And in caise they Shall not Setle the Said process to report

1. NRS, PC2/26, 342r-342v.

1. NRS, PC2/26, 342r-342v.

Warrant, 18 March 1697, Edinburgh

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D1697/3/81

Warrant

Warrand to persew Murray of Pennieland and his clerk

Wpon a verball representatione made by Sir James Stewart his majesties Advocat that Mr Patrick Murray of Pennylands Sherreff depute of Caithnes and William Campbell his clerk had appointed Robert Hendersone ther procurator fiscall to persew and had held a court for trying of the murder and slawghter of Jennet Corrmack Spouse to Alexander Dowll within a verie few weeks efter her death without any intimatione made to her husband who was within the kingdome and so did precipat Justice The Lords of his majesties privie Counsell Doe heirby give order and warrand to his majesties Advocat to cause cite and prosecute the saids persones and all others concerned to ansuer for the said precipitatione befor ther Lordships

Att Edinburgh the Eightein day of March Jaj vic nyntie seven yeirs

D1697/3/81

Warrant

Warrand to persew Murray of Pennieland and his clerk

Wpon a verball representatione made by Sir James Stewart his majesties Advocat that Mr Patrick Murray of Pennylands Sherreff depute of Caithnes and William Campbell his clerk had appointed Robert Hendersone ther procurator fiscall to persew and had held a court for trying of the murder and slawghter of Jennet Corrmack Spouse to Alexander Dowll within a verie few weeks efter her death without any intimatione made to her husband who was within the kingdome and so did precipat Justice The Lords of his majesties privie Counsell Doe heirby give order and warrand to his majesties Advocat to cause cite and prosecute the saids persones and all others concerned to ansuer for the said precipitatione befor ther Lordships

1. NRS, PC2/26, 341v-342r.

1. NRS, PC2/26, 341v-342r.

Sederunt, 18 March 1697, Edinburgh

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Att Edinburgh the Eightein day of March Jaj vic nyntie seven yeirs1

D1697/3/72

Sederunt

Lord Chancellor; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forffar; Lord Yester; Viscount Tiviot; Lord Advocat; Lord Philliphaugh; Lord Fountainhall; Lord Anstruther; Laird of Stevenson; Laird of Cessnock; Proveist of Edinburgh

Att Edinburgh the Eightein day of March Jaj vic nyntie seven yeirs1

D1697/3/72

Sederunt

Lord Chancellor; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forffar; Lord Yester; Viscount Tiviot; Lord Advocat; Lord Philliphaugh; Lord Fountainhall; Lord Anstruther; Laird of Stevenson; Laird of Cessnock; Proveist of Edinburgh

1. NRS, PC2/26, 341v.

2. NRS, PC2/26, 341r-341v.

1. NRS, PC2/26, 341v.

2. NRS, PC2/26, 341r-341v.

Order, 18 March 1697, Edinburgh

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Att Edinburgh the Eighteenth day of March Jaj vic nyntie seven years

A1697/3/341

Order

Recommendation Anent ye deficient men of the Levy 1697 in Drumfreis

The Lords of his Majesties privie Councill Being Informed by Colonell George Hamilton who hes right to the Levy Imposed in anno Jaj vic nyntie five That the Dutches of Buckcleugh Is deficient in seven men of that Levy which is occasioned by some differences betuixt the shires of Roxburgh Selkirk and drumfreis The saids Lords That his Majesties service in these Levies may not be longer preujdged by the differences betuixt the saids shires Doe heirby Recommend to the Lords Commissioners of his Majesties Thesaury to advance to the said Colonell George Hamilton alse much Levy money as will Levy and furnish the said seven men upon his bond or sufficient securitie that he shall refound the money so soon as he shall receave the men from the said Dutches or from aither of the saids shires who shall be found Lyable in the outreik of the saids seven men.

Att Edinburgh the Eighteenth day of March Jaj vic nyntie seven years

A1697/3/341

Order

Recommendation Anent ye deficient men of the Levy 1697 in Drumfreis

The Lords of his Majesties privie Councill Being Informed by Colonell George Hamilton who hes right to the Levy Imposed in anno Jaj vic nyntie five That the Dutches of Buckcleugh Is deficient in seven men of that Levy which is occasioned by some differences betuixt the shires of Roxburgh Selkirk and drumfreis The saids Lords That his Majesties service in these Levies may not be longer preujdged by the differences betuixt the saids shires Doe heirby Recommend to the Lords Commissioners of his Majesties Thesaury to advance to the said Colonell George Hamilton alse much Levy money as will Levy and furnish the said seven men upon his bond or sufficient securitie that he shall refound the money so soon as he shall receave the men from the said Dutches or from aither of the saids shires who shall be found Lyable in the outreik of the saids seven men.

1. NRS, PC1/51, 158-9.

1. NRS, PC1/51, 158-9.

Act, 18 March 1697, Edinburgh

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Att Edinburgh the Eighteenth day of March Jaj vic nyntie seven years

A1697/3/331

Act

Act Campbell of Cessnock

Anent the petition given in to the Lords of his Majesties privie Councill by Sir George Campbell of Cessnock Sheuing That when the petitioner and his father uere unjustly forfaulted Their parkes were well furnished uith ane brood of Great Catle which was the product of ane few many years agoe brought from Ireland and uith stood mares and stallions suitable And these were all robbed and taken auay by his donator and his factors so that the brood is Intirely decayed out of that Countrey and Cannot be repaired uithout their Lordships allow the petitioner to Import ane Certain quantaty for plenishing his parks anew And therfore Humbly Craving to the effect underwryten as the said petitione Bears The saids Lords Having Considered the above petitione They heirby allow the petitioner to Import from Ireland sixtie Coues and Bulls and Threttie six horses and mares for plenishing of the petitioners park In manner mentioned in the said petition.

Att Edinburgh the Eighteenth day of March Jaj vic nyntie seven years

A1697/3/331

Act

Act Campbell of Cessnock

Anent the petition given in to the Lords of his Majesties privie Councill by Sir George Campbell of Cessnock Sheuing That when the petitioner and his father uere unjustly forfaulted Their parkes were well furnished uith ane brood of Great Catle which was the product of ane few many years agoe brought from Ireland and uith stood mares and stallions suitable And these were all robbed and taken auay by his donator and his factors so that the brood is Intirely decayed out of that Countrey and Cannot be repaired uithout their Lordships allow the petitioner to Import ane Certain quantaty for plenishing his parks anew And therfore Humbly Craving to the effect underwryten as the said petitione Bears The saids Lords Having Considered the above petitione They heirby allow the petitioner to Import from Ireland sixtie Coues and Bulls and Threttie six horses and mares for plenishing of the petitioners park In manner mentioned in the said petition.

1. NRS, PC1/51, 158.

1. NRS, PC1/51, 158.

Act, 18 March 1697, Edinburgh

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A1697/3/321

Act

Act Alexander Taite

Anent the petition given to the Lords of his Majesties privie Councill By Alexander Taite merchant in Leith Sheuing That wher their Lordships ordained the petitioner to find Caution in the month of September Jaj vic nyntie tuo for his peacable behaviour and to Compear when called And he hath ever since Continoued under bale And aluayes Lived most peacably under the Government uithout going abroad except once to follow his Imployment and his Constant abode at home hes redacted him2 to some Straits and necessities For his trade was only the mean of his subsistance And for preventing of his ruine he resolved Sometyme agoe to Goe abroad about his Laufull Imployment and advertised his Causes therof who Encouraged his designe But uithall both they and the petitioner thought it most necessar to apply to their Lordships for obtaining their speciall Licence therto Leist the Cautioners should be troubled and destressed to produce him or to make payment of the soume Contained in the bond wherin they stood bound for the petitioner In his absence And It is Humblie Conceived that when their Lordships appointed the petitioner to find Caution their Lordships did not Conclud therby to debarr or hinder him from his Imployment no more then other Masters of Ships who are dayly trading And through their Lordships Libertie to goe abroad If it pleased God to bless him uith a Successful voyage and a safe return The effects and product of his Loading uould give a Considerable addition to his Majesties Revenues And uould Lykeuayes prove a Mean of Substance for the petitioner and his family And Therfore Humblie Craving their Lordships to take the petitioners case and Circumstances to their serious Consideration and permitt him to Goe abroad to follow his trade And Give orders to their Lordships Clerks aither to delyver him up his forsaid bond or otherwise that their Lordships would be graciously pleased to declare that the petitioners Cautioners shall not be troubled during his absence As the said petition bears The saids Lords of his Majesties privie Councill Having Considered this petition given in to them by the said Alexander Taite They heir by Grant warrand to the petitioner to Goe abroad But declares that the bond given for his peacable behaviour and appearance when called for shall Continow in full force as if the said warrand had never been Granted.

Att Edinburgh the Eighteenth day of March Jaj vic nyntie seven years

A1697/3/321

Act

Act Alexander Taite

Anent the petition given to the Lords of his Majesties privie Councill By Alexander Taite merchant in Leith Sheuing That wher their Lordships ordained the petitioner to find Caution in the month of September Jaj vic nyntie tuo for his peacable behaviour and to Compear when called And he hath ever since Continoued under bale And aluayes Lived most peacably under the Government uithout going abroad except once to follow his Imployment and his Constant abode at home hes redacted him2 to some Straits and necessities For his trade was only the mean of his subsistance And for preventing of his ruine he resolved Sometyme agoe to Goe abroad about his Laufull Imployment and advertised his Causes therof who Encouraged his designe But uithall both they and the petitioner thought it most necessar to apply to their Lordships for obtaining their speciall Licence therto Leist the Cautioners should be troubled and destressed to produce him or to make payment of the soume Contained in the bond wherin they stood bound for the petitioner In his absence And It is Humblie Conceived that when their Lordships appointed the petitioner to find Caution their Lordships did not Conclud therby to debarr or hinder him from his Imployment no more then other Masters of Ships who are dayly trading And through their Lordships Libertie to goe abroad If it pleased God to bless him uith a Successful voyage and a safe return The effects and product of his Loading uould give a Considerable addition to his Majesties Revenues And uould Lykeuayes prove a Mean of Substance for the petitioner and his family And Therfore Humblie Craving their Lordships to take the petitioners case and Circumstances to their serious Consideration and permitt him to Goe abroad to follow his trade And Give orders to their Lordships Clerks aither to delyver him up his forsaid bond or otherwise that their Lordships would be graciously pleased to declare that the petitioners Cautioners shall not be troubled during his absence As the said petition bears The saids Lords of his Majesties privie Councill Having Considered this petition given in to them by the said Alexander Taite They heir by Grant warrand to the petitioner to Goe abroad But declares that the bond given for his peacable behaviour and appearance when called for shall Continow in full force as if the said warrand had never been Granted.

1. NRS, PC1/51, 157-8.

2. Insertion.

1. NRS, PC1/51, 157-8.

2. Insertion.

Warrant, 18 March 1697, Edinburgh

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Att Edinburgh the Eighteenth day of March Jaj vic nyntie seven years

A1697/3/311

Warrant

Warrand for Carrying Steuart and other three persons to Flanders

The Lords of his Majesties privie Councill Considering that by their order of the tuenty Eight of december last by past They Gave warrand to the Baillies of the Cannongate and Keeper of their tolbooth to delyver the persons of […] Roberstone and […] Steuart tuo suldiers prisoners in the said tolbooth as false Coyners to any Flanders officer Having the Lord Chancelors warrand And that in respect The Lord Advocat reported He Could find noe probation against them And that by their order of the Eleventh day of February Last bypast They have Given warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to delyver the persone of John Menzies prisoner therin for false Cyne and the persone of William Smith sent from Forfar for killing of a chyld accidentallie for Colonell Steuart To be Carryed abroad for his Majesties service in Flanders And that the haill forsaids four persons are still prisoners Therfore the saids Lords of his Majesties privie Councill Doe heirby Give order and warrand to the Magistrats of Edinburgh Baillies of the Cannongate and Keeper of their tolbooths to delyver the forsaids four persons to any such officer or officers going for Flanders as the Lord High Chancelor of Scotland and his Majesties Advocat by a wryte under their hands shall appoint To be Carryed abroad by the saids officers as Souldiers in his Majesties service forsaid The saids four persons first subscryving a Consent under their hands that they are willing to be Carryed abroad as souldiers in his Majesties said service And Enacting them selves in the books of privie Councill that they shall never returne to his Majesties dominions uithout his royall warrand for that effect His Majesties said Advocat first before extracting hereof as to the said William Smith producing to the Clerks of Councill ane testificat under the hands of the Magistrats of Forfar anent the manner of the Slaughter Committed by the said William Smith uith a Note under the said Lord Advocats hand bearing that the testificat does sufficiently Instruct the Killing of the said chyld to be meerly accidentall or Casuall And the Councill recalls the tuo former orders abovewryten.

Att Edinburgh the Eighteenth day of March Jaj vic nyntie seven years

A1697/3/311

Warrant

Warrand for Carrying Steuart and other three persons to Flanders

The Lords of his Majesties privie Councill Considering that by their order of the tuenty Eight of december last by past They Gave warrand to the Baillies of the Cannongate and Keeper of their tolbooth to delyver the persons of […] Roberstone and […] Steuart tuo suldiers prisoners in the said tolbooth as false Coyners to any Flanders officer Having the Lord Chancelors warrand And that in respect The Lord Advocat reported He Could find noe probation against them And that by their order of the Eleventh day of February Last bypast They have Given warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to delyver the persone of John Menzies prisoner therin for false Cyne and the persone of William Smith sent from Forfar for killing of a chyld accidentallie for Colonell Steuart To be Carryed abroad for his Majesties service in Flanders And that the haill forsaids four persons are still prisoners Therfore the saids Lords of his Majesties privie Councill Doe heirby Give order and warrand to the Magistrats of Edinburgh Baillies of the Cannongate and Keeper of their tolbooths to delyver the forsaids four persons to any such officer or officers going for Flanders as the Lord High Chancelor of Scotland and his Majesties Advocat by a wryte under their hands shall appoint To be Carryed abroad by the saids officers as Souldiers in his Majesties service forsaid The saids four persons first subscryving a Consent under their hands that they are willing to be Carryed abroad as souldiers in his Majesties said service And Enacting them selves in the books of privie Councill that they shall never returne to his Majesties dominions uithout his royall warrand for that effect His Majesties said Advocat first before extracting hereof as to the said William Smith producing to the Clerks of Councill ane testificat under the hands of the Magistrats of Forfar anent the manner of the Slaughter Committed by the said William Smith uith a Note under the said Lord Advocats hand bearing that the testificat does sufficiently Instruct the Killing of the said chyld to be meerly accidentall or Casuall And the Councill recalls the tuo former orders abovewryten.

1. NRS, PC1/51, 156-7.

1. NRS, PC1/51, 156-7.

Proclamation, 18 March 1697, Edinburgh

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Att Edinburgh the Eighteenth day of March Jaj vic nyntie seven years

A1697/3/301

Proclamation

Proclamation for the Better Collecting and Inbringing of what is deficient of the pole money Imposed In anno 1695

The proclamation underwryten being read was votted approven and signed wherof the tenor folloues
William By the Grace of God King of great Brittaine France and Ireland defender of the faith To […] Macers of our privie Counsell messengers at armes our shireffs in that part Conjunctly and Severally specially Constitut Greeting Forasmuchas By the tenth Act of the fifth session of our Current parliament Imposing the polemoney therin contained Methods and rules were prescryved for uplifting and bringing in the same Lykeas the Lords of our privie Councill are theirby Impoured to order and appoint such farther methods and courses as they shall Judge fitt For stating and Inbringing the said polemoney In pursuance of which Acts The Lords of our privie Councill Have from tyme to tyme made severall acts and Emitted severall proclamations for the more effectuall uplifting and Inbringing of the said polemoney as the saids acts and proclamations in themselves more fullie proport And in regaird the forsaid polemoney which was then in Collection is now sett in Tack to John Campbell of Knockrioch principall tackseman and his pairtners for the deuty and in the termes therinmentioned wherby they have right to the forsaid polemoney and the Act of parliament Imposing the same As also to the haill quadruples and other penalties Incurred for not payment therof And It being Just and reasonable that they should have the benefite of the forsaids haill acts and proclamations Concerning the said polemoney for making the said tack effectuall Therfore we uith advyce of the Lords of our privie Councill Doe heirby declare that our said Tacksemen have the benefite of the forsaid haill acts and proclamations In so farr as not obeyed and execute Allouing the same to be put to farder executione by them for the more effectuall Ingathering of the said polemoney uith the quadruples and other penalties Incurred To the effect that all that have not as yet obtempered may know their hazard and doe what is Incumbent for their exoneration And we with advyce forsaid doe further Require and Command all Collectoes of Shires and paroches who have not done their deuty in the premisses by making up and delyvering in exact Lists And by Collecting and paying in the said polemoney to our saids Tacksemen That they be Carefull to doe the same uithin fifteen dayes after the publication herof at the mercat Cross of the respective head burghs of the shires and steuartries uithin which they Live Certifying such of the saids Collectors as shall failzie heirin That they shall annull and loss their allouances given to them respective by our saids proclamations out of the polemoney uplifted and not paid in by them betuixt and the day forsaid As Lykewise we with advyce forsaid Require and Command the Commissioners of Supplie and others appointed in the severall paroches by them and their Clerks To Give up to our Saids tacksemen Or their Collectors appointed by them the bonds and securities granted by the saids Collectors for performing their deuty in the premisses Declaring that our saids tacksemen shall have sicklyke executione Competent theron as was before Competent to the Lords of our Thesaury or others by them appointed to obleadge and Compell the forsaids Collectoes to performance whom we heirby Require to make Compt reckoning and payment of the polemoney uplifted by them to our saids Tacksemen and their Collectors betuixt and the day forsaid under the Certification abovementioned And farder we with advyce forsaid Require and Command the Commissioners of Supplie uithin the severall shires and all other Magistrats of this Kingdome uithin their respective Jurisdictions or any one of them Judges Constitut by the forsaid Act of parliament for that effect To give present and speedy Justice against all persons uithin their respective bounds that shall be Conveened and Convert before them as deficient of the forsaid polemoney or being undeuly classed By decerning them to make payment to our saids tacksemen or their Collectors of the forsaid quadruples For payment wherof all dilligence and execution appointed by the forsaid act of parliament and former proclamations Is to be prosecut uith all rigour It is aluayes heirby provyded that wher books or Lists are already Given in aither by Shires or paroches as was appointed by the forsaids proclamations It Shall not be Leisum to the saids Tacksemen or their Collectors to trouble any person Lyable in the polemoney By Citation or otheruayes except such only as they Shall first Give up in roll to the saids Commissioners of Supplie or other Judges ordained by Act of parliament as aither deficient in payment or not Given up in any former List or not duely Listed In which case allenarly and no other The saids Commissioners or other Judges forsaids are required to Issue out precepts for Citation and proces And administer Justice as above And farder if the saids Commissioners or other Judges Shall find the forsaid Tacksemen or their Collectors to be Calumnious in the saids pursuites They are to fyne them in the parties expence and damnages And also to be Carefull that the saids Tacksemen or their Collectors doe not oppress the Countrey in the executione of the premisses in any sort but that in case of any Complaint of oppression They administer Justice to the oppressed as accords And Lastly we ordaine Letters to be direct heirupon in forme as effeirs 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 remanent mercat Crosses of the haill head burghs of the severall shires and steuartries within this Kingdome And ther In our name and authority make Intimation hereof that none may pretend ignorance And ordaines these presents to be printed Given under our signet at Edinburgh the Eighteenth day of March and of our regne the Eight year 1697 sic subscribitur.

Att Edinburgh the Eighteenth day of March Jaj vic nyntie seven years

A1697/3/301

Proclamation

Proclamation for the Better Collecting and Inbringing of what is deficient of the pole money Imposed In anno 1695

The proclamation underwryten being read was votted approven and signed wherof the tenor folloues
William By the Grace of God King of great Brittaine France and Ireland defender of the faith To […] Macers of our privie Counsell messengers at armes our shireffs in that part Conjunctly and Severally specially Constitut Greeting Forasmuchas By the tenth Act of the fifth session of our Current parliament Imposing the polemoney therin contained Methods and rules were prescryved for uplifting and bringing in the same Lykeas the Lords of our privie Councill are theirby Impoured to order and appoint such farther methods and courses as they shall Judge fitt For stating and Inbringing the said polemoney In pursuance of which Acts The Lords of our privie Councill Have from tyme to tyme made severall acts and Emitted severall proclamations for the more effectuall uplifting and Inbringing of the said polemoney as the saids acts and proclamations in themselves more fullie proport And in regaird the forsaid polemoney which was then in Collection is now sett in Tack to John Campbell of Knockrioch principall tackseman and his pairtners for the deuty and in the termes therinmentioned wherby they have right to the forsaid polemoney and the Act of parliament Imposing the same As also to the haill quadruples and other penalties Incurred for not payment therof And It being Just and reasonable that they should have the benefite of the forsaids haill acts and proclamations Concerning the said polemoney for making the said tack effectuall Therfore we uith advyce of the Lords of our privie Councill Doe heirby declare that our said Tacksemen have the benefite of the forsaid haill acts and proclamations In so farr as not obeyed and execute Allouing the same to be put to farder executione by them for the more effectuall Ingathering of the said polemoney uith the quadruples and other penalties Incurred To the effect that all that have not as yet obtempered may know their hazard and doe what is Incumbent for their exoneration And we with advyce forsaid doe further Require and Command all Collectoes of Shires and paroches who have not done their deuty in the premisses by making up and delyvering in exact Lists And by Collecting and paying in the said polemoney to our saids Tacksemen That they be Carefull to doe the same uithin fifteen dayes after the publication herof at the mercat Cross of the respective head burghs of the shires and steuartries uithin which they Live Certifying such of the saids Collectors as shall failzie heirin That they shall annull and loss their allouances given to them respective by our saids proclamations out of the polemoney uplifted and not paid in by them betuixt and the day forsaid As Lykewise we with advyce forsaid Require and Command the Commissioners of Supplie and others appointed in the severall paroches by them and their Clerks To Give up to our Saids tacksemen Or their Collectors appointed by them the bonds and securities granted by the saids Collectors for performing their deuty in the premisses Declaring that our saids tacksemen shall have sicklyke executione Competent theron as was before Competent to the Lords of our Thesaury or others by them appointed to obleadge and Compell the forsaids Collectoes to performance whom we heirby Require to make Compt reckoning and payment of the polemoney uplifted by them to our saids Tacksemen and their Collectors betuixt and the day forsaid under the Certification abovementioned And farder we with advyce forsaid Require and Command the Commissioners of Supplie uithin the severall shires and all other Magistrats of this Kingdome uithin their respective Jurisdictions or any one of them Judges Constitut by the forsaid Act of parliament for that effect To give present and speedy Justice against all persons uithin their respective bounds that shall be Conveened and Convert before them as deficient of the forsaid polemoney or being undeuly classed By decerning them to make payment to our saids tacksemen or their Collectors of the forsaid quadruples For payment wherof all dilligence and execution appointed by the forsaid act of parliament and former proclamations Is to be prosecut uith all rigour It is aluayes heirby provyded that wher books or Lists are already Given in aither by Shires or paroches as was appointed by the forsaids proclamations It Shall not be Leisum to the saids Tacksemen or their Collectors to trouble any person Lyable in the polemoney By Citation or otheruayes except such only as they Shall first Give up in roll to the saids Commissioners of Supplie or other Judges ordained by Act of parliament as aither deficient in payment or not Given up in any former List or not duely Listed In which case allenarly and no other The saids Commissioners or other Judges forsaids are required to Issue out precepts for Citation and proces And administer Justice as above And farder if the saids Commissioners or other Judges Shall find the forsaid Tacksemen or their Collectors to be Calumnious in the saids pursuites They are to fyne them in the parties expence and damnages And also to be Carefull that the saids Tacksemen or their Collectors doe not oppress the Countrey in the executione of the premisses in any sort but that in case of any Complaint of oppression They administer Justice to the oppressed as accords And Lastly we ordaine Letters to be direct heirupon in forme as effeirs 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 remanent mercat Crosses of the haill head burghs of the severall shires and steuartries within this Kingdome And ther In our name and authority make Intimation hereof that none may pretend ignorance And ordaines these presents to be printed Given under our signet at Edinburgh the Eighteenth day of March and of our regne the Eight year 1697 sic subscribitur.

1. NRS, PC1/51, 154-6.

1. NRS, PC1/51, 154-6.

Order, 18 March 1697, Edinburgh

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Att Edinburgh the Eighteenth day of March Jaj vic nyntie seven years

A1697/3/291

Order

Recommendation to The Lord Adovcat and to the Sollicitor to Consider Acts and proclamations against prophanity

The Lords of his Majesties privie Councill Doe heirby Recommend to Sir James Steuart his Majesties Advocat And appointes Sir Patrick Home his Majesties Sollicitor to Consider the Acts of parliament and acts and proclamations of privie Councill made against prophannes and the penalties insert therin and to make ane abbreviat of the Same And to produce it to the Committie appointed anent the poor And upon the Commissioners of the Assemblies address anent prophanity to the Councill And Recommends to the Committie to Consider the said abbreviat And to draw a proclamation theron And present the same to the Councill against their nixt meeting.

Att Edinburgh the Eighteenth day of March Jaj vic nyntie seven years

A1697/3/291

Order

Recommendation to The Lord Adovcat and to the Sollicitor to Consider Acts and proclamations against prophanity

The Lords of his Majesties privie Councill Doe heirby Recommend to Sir James Steuart his Majesties Advocat And appointes Sir Patrick Home his Majesties Sollicitor to Consider the Acts of parliament and acts and proclamations of privie Councill made against prophannes and the penalties insert therin and to make ane abbreviat of the Same And to produce it to the Committie appointed anent the poor And upon the Commissioners of the Assemblies address anent prophanity to the Councill And Recommends to the Committie to Consider the said abbreviat And to draw a proclamation theron And present the same to the Councill against their nixt meeting.

1. NRS, PC1/51, 154.

1. NRS, PC1/51, 154.

Warrant, 18 March 1697, Edinburgh

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Att Edinburgh the Eighteenth day of March Jaj vic nyntie seven years

A1697/3/281

Warrant

Warrand to pursue The Laird of Kininmunth

The Lords of his Majesties privie Councill Doe heirby Recommend to Sir James Steuart his Majesties Advocat to Intent and insist in ane pursuit or Criminall proces at his instance against […] Kininmounth of that ilk before the Lord Justice Generall Lord Justice Clerk and Lords Commissioners of his Majesties Justiciary upon the Information which his Lordship has against the said Laird.

Att Edinburgh the Eighteenth day of March Jaj vic nyntie seven years

A1697/3/281

Warrant

Warrand to pursue The Laird of Kininmunth

The Lords of his Majesties privie Councill Doe heirby Recommend to Sir James Steuart his Majesties Advocat to Intent and insist in ane pursuit or Criminall proces at his instance against […] Kininmounth of that ilk before the Lord Justice Generall Lord Justice Clerk and Lords Commissioners of his Majesties Justiciary upon the Information which his Lordship has against the said Laird.

1. NRS, PC1/51, 153.

1. NRS, PC1/51, 153.