Tag Archives: 19 December 1695

Act, 19 December 1695, Edinburgh

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Att Edinburgh the nyntine And twentie dayes of December Jaj vic nyntie five yeirs

D1695/12/431

Act

Act Cuningham of Bwchan

Anent the petitione given in to the Lords of his majesties privie Councell be William Cwningham of Bowchan Shewing That wher John Din in Bwrnefoot of Bwchan Haveing bowght ane horse from ane Patrick Mcleglash in fair day light befor famows wittnesses And payed ane Just and adaqwite price therfore And the place he bought him at was at the Randfoord which by all Droves both upon the north and south hes bein Looked upon to have bein ane publict mercat place The Samen lyand So conveniently for both being neer Killsyth Which horse was in his hand for Severall Dayes wnqwestioned Yet notwithstanding therof ther being ane proces intented befor The Comissioners of Justiciary of the South and District Against the Said John Din and William Cwningham of Bwchan his maister for his interest at the instance of John and Donald Camerone in Camaroran in The Ranoch not only for restitutione of the said horse bought be John Din But for eightein more horses alleadged Stollen the tyme that this horse was alleadged to have bein taken away expensses in Damnadge The Said William Cwningham of Bwchan haveing taken great pains in Searching efter the person that were the Sellers of the horse to the man and haveing atlenth found him and comitted him to the prison of Down And ther he proved by wittnesses that the said Patrick Mcleglash prisoner was the seller of the horse to the said John Din his man And Walter and John Grahams and Archbald Mcnab with whom the said Mcleglash conversed both when he Sold the horse to Din in Goeing Sowth And Likewayes when he returned who were the only people that out hunded the persewers to putt the said John Din And his maister to this trouble And the said Mcleglash who was proven to have bein the sellar of the horse was imprisoned in the tollbwith of Pearth as ane comowne and notoriows theife who made his escape furth therof This actione being called Severall tymes befor the saids Commissioners of Justiciarie And Last of all at Dallhender the Sixth of September Jaj vic nyntie five They finding the cause intricat and the conseqwence Dangerous Seing Bwchan being ane Lawland Gentlemen and not in the caice of Highlanders They recomended to Leivetenent Collonell Erskein Governour of Stirleing castle ther proces to represent the cause to the Lords of his Majesties privie Councell that ther opinion might be had in the said mater And Seeing the court of Justiciary at Pearth have ordered that if this remitt be not Discust be the Saids Lords of privie Councell betuixt and Munday next They will then proceed Therfore beseeching the saids Lords of privie Counsell in the first place to Stopp the saids comissioners of Justiciarie ther procedour And in the next place to2 Declaire that if the saids persewers insist not against the said John Din on twesday next The Saids Lords of privie Counsell will assoillie the said John Din from any furder proces And accordingly to assoillzea As the said petitione Bears Which being this day red and considered be the saids Lords of privie Councell They heirby Stopp any furder procedure befor the comissionars of Justiciarie in the Said cause against the said John Din And the said William Cwningham his maister And Declaires that if the persewers of the said proces Doe not insist against the said John Din and the petitioner his maister befor the Lords of privie Counsell twesday next The Saids Lords of privie Counsell will discharge the said John Din of the forsaid proces Depending befor the Saids Commissioners And will Declaire him to be frie therfrae and from any other process to be intented against him or the said William Cwningham of Bwqwhan his maister befor any Judge whatsomever for the cryme forsaid for which he is persued befor the saids Commissioners

Att Edinburgh the nyntine And twentie dayes of December Jaj vic nyntie five yeirs

D1695/12/431

Act

Act Cuningham of Bwchan

Anent the petitione given in to the Lords of his majesties privie Councell be William Cwningham of Bowchan Shewing That wher John Din in Bwrnefoot of Bwchan Haveing bowght ane horse from ane Patrick Mcleglash in fair day light befor famows wittnesses And payed ane Just and adaqwite price therfore And the place he bought him at was at the Randfoord which by all Droves both upon the north and south hes bein Looked upon to have bein ane publict mercat place The Samen lyand So conveniently for both being neer Killsyth Which horse was in his hand for Severall Dayes wnqwestioned Yet notwithstanding therof ther being ane proces intented befor The Comissioners of Justiciary of the South and District Against the Said John Din and William Cwningham of Bwchan his maister for his interest at the instance of John and Donald Camerone in Camaroran in The Ranoch not only for restitutione of the said horse bought be John Din But for eightein more horses alleadged Stollen the tyme that this horse was alleadged to have bein taken away expensses in Damnadge The Said William Cwningham of Bwchan haveing taken great pains in Searching efter the person that were the Sellers of the horse to the man and haveing atlenth found him and comitted him to the prison of Down And ther he proved by wittnesses that the said Patrick Mcleglash prisoner was the seller of the horse to the said John Din his man And Walter and John Grahams and Archbald Mcnab with whom the said Mcleglash conversed both when he Sold the horse to Din in Goeing Sowth And Likewayes when he returned who were the only people that out hunded the persewers to putt the said John Din And his maister to this trouble And the said Mcleglash who was proven to have bein the sellar of the horse was imprisoned in the tollbwith of Pearth as ane comowne and notoriows theife who made his escape furth therof This actione being called Severall tymes befor the saids Commissioners of Justiciarie And Last of all at Dallhender the Sixth of September Jaj vic nyntie five They finding the cause intricat and the conseqwence Dangerous Seing Bwchan being ane Lawland Gentlemen and not in the caice of Highlanders They recomended to Leivetenent Collonell Erskein Governour of Stirleing castle ther proces to represent the cause to the Lords of his Majesties privie Councell that ther opinion might be had in the said mater And Seeing the court of Justiciary at Pearth have ordered that if this remitt be not Discust be the Saids Lords of privie Councell betuixt and Munday next They will then proceed Therfore beseeching the saids Lords of privie Counsell in the first place to Stopp the saids comissioners of Justiciarie ther procedour And in the next place to2 Declaire that if the saids persewers insist not against the said John Din on twesday next The Saids Lords of privie Counsell will assoillie the said John Din from any furder proces And accordingly to assoillzea As the said petitione Bears Which being this day red and considered be the saids Lords of privie Councell They heirby Stopp any furder procedure befor the comissionars of Justiciarie in the Said cause against the said John Din And the said William Cwningham his maister And Declaires that if the persewers of the said proces Doe not insist against the said John Din and the petitioner his maister befor the Lords of privie Counsell twesday next The Saids Lords of privie Counsell will discharge the said John Din of the forsaid proces Depending befor the Saids Commissioners And will Declaire him to be frie therfrae and from any other process to be intented against him or the said William Cwningham of Bwqwhan his maister befor any Judge whatsomever for the cryme forsaid for which he is persued befor the saids Commissioners

1. NRS, PC2/26, 68v-69v.

2. The phrase ‘Stopp ther procedure’ scored out here.

1. NRS, PC2/26, 68v-69v.

2. The phrase ‘Stopp ther procedure’ scored out here.

Warrant, 19 December 1695, Edinburgh

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Att Edinburgh the nyntine And twentie dayes of December Jaj vic nyntie five yeirs

D1695/12/421

Warrant

Warrand for citeing importers of forraigne victuall

The Lords of his majesties privie Councell Haveing considered the report of a comittie of ther own number Anent Irish and other forraigne Victuall They heirby approve therof And appoint These persones importers of Irish and other forraigne victuall who are most responsall And whose names are to be given in to the clerks of Councell Be David Crafurd of Drwmswie to be imediatly cited to appear befor the Saids Lords of privie Councell To ansuer for importing of the said forraigne victuall And to be pwnished according to Law And appointes the rest of the persones gwilty being numerows and worth neer the certificatione contained In Drwmswies Comissione To be persued befor the Shirreffs Stewarts or baillies of the Jurisdictione wher they Live To the effect ther fynes may be modified according to ther abilities Conforme to the informations to be given in Against them by the Said David Crafurd And Seeing that the Said David Crafurd of Drwmswie hes the one half of the saids fynes by his Comissione The Saids Lords appoint and ordaine him to be comptable to them for the other half therof And Seeing it is most probable that wnder the Shelter of meall ther may be other graines brought into this kingdome to the prejudice of the natione Therfor and in respect it is evident to the Comittie that he hath bein exact And dilligent in the Service The Saids Lords of privie Counsell Appoints his comissione to continwe And for Strenthening him therin Gives warrand to him to call for Souldiers for Secureing of the vessells wherin the victuall is imported with concurse allwayes of the magistrat or Judge upon the place And discharges All importers of forraigne meall to wnload any of ther meall untill the said David Crafurd or his Deputs Doe first Survey the vessells and Loading And as to the wheat Secured in Glasgow And baxters alleadged gwiltie of importing therof from Ireland The Saids Lords Have granted Comissione of this dayes date anent the same as the said David Crafurd Shall informe and prove And appoints him to remaine at Edinburgh and discharges him to remove therfrae untill he attend all the Dyets of Councell in the processes alreadie intented befor them against the importers of forraigne victuall And till these processes be finallie Determined And discussed

Att Edinburgh the nyntine And twentie dayes of December Jaj vic nyntie five yeirs

D1695/12/421

Warrant

Warrand for citeing importers of forraigne victuall

The Lords of his majesties privie Councell Haveing considered the report of a comittie of ther own number Anent Irish and other forraigne Victuall They heirby approve therof And appoint These persones importers of Irish and other forraigne victuall who are most responsall And whose names are to be given in to the clerks of Councell Be David Crafurd of Drwmswie to be imediatly cited to appear befor the Saids Lords of privie Councell To ansuer for importing of the said forraigne victuall And to be pwnished according to Law And appointes the rest of the persones gwilty being numerows and worth neer the certificatione contained In Drwmswies Comissione To be persued befor the Shirreffs Stewarts or baillies of the Jurisdictione wher they Live To the effect ther fynes may be modified according to ther abilities Conforme to the informations to be given in Against them by the Said David Crafurd And Seeing that the Said David Crafurd of Drwmswie hes the one half of the saids fynes by his Comissione The Saids Lords appoint and ordaine him to be comptable to them for the other half therof And Seeing it is most probable that wnder the Shelter of meall ther may be other graines brought into this kingdome to the prejudice of the natione Therfor and in respect it is evident to the Comittie that he hath bein exact And dilligent in the Service The Saids Lords of privie Counsell Appoints his comissione to continwe And for Strenthening him therin Gives warrand to him to call for Souldiers for Secureing of the vessells wherin the victuall is imported with concurse allwayes of the magistrat or Judge upon the place And discharges All importers of forraigne meall to wnload any of ther meall untill the said David Crafurd or his Deputs Doe first Survey the vessells and Loading And as to the wheat Secured in Glasgow And baxters alleadged gwiltie of importing therof from Ireland The Saids Lords Have granted Comissione of this dayes date anent the same as the said David Crafurd Shall informe and prove And appoints him to remaine at Edinburgh and discharges him to remove therfrae untill he attend all the Dyets of Councell in the processes alreadie intented befor them against the importers of forraigne victuall And till these processes be finallie Determined And discussed

1. NRS, PC2/26, 67v-68v.

1. NRS, PC2/26, 67v-68v.

Warrant, 19 December 1695, Edinburgh

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Att Edinburgh the nyntine And twentie dayes of December Jaj vic nyntie five yeirs

D1695/12/411

Warrant

Warrand to Governors of Garisones etc to receave Souldiers

The Lords of his majesties privie Councell 2 Doe heirby give order and warrand To the Governour of the garisone of Blacknes And the other forts of this kingdome And Likewayes to the magistrats of burghs and keepers of ther prisones to receave and Secure into the Saids Garrisones forts and prisones all Such men as the officers came from Flanders Shall legallie ingadge for his Majesties Service untill the tyme they be imbarqwed for Flanders The Saids officers allwayes giveing in Ane note to the governour of the Castle or keeper of the prisone as they are comitted of the offices name who took them on And the way and maner how they were ingadged in his majesties Service And Likewayes being lyable for the aliment of the persones so ingadged and imprisoned and makeing payment of the prisone Dues.

Att Edinburgh the nyntine And twentie dayes of December Jaj vic nyntie five yeirs

D1695/12/411

Warrant

Warrand to Governors of Garisones etc to receave Souldiers

The Lords of his majesties privie Councell 2 Doe heirby give order and warrand To the Governour of the garisone of Blacknes And the other forts of this kingdome And Likewayes to the magistrats of burghs and keepers of ther prisones to receave and Secure into the Saids Garrisones forts and prisones all Such men as the officers came from Flanders Shall legallie ingadge for his Majesties Service untill the tyme they be imbarqwed for Flanders The Saids officers allwayes giveing in Ane note to the governour of the Castle or keeper of the prisone as they are comitted of the offices name who took them on And the way and maner how they were ingadged in his majesties Service And Likewayes being lyable for the aliment of the persones so ingadged and imprisoned and makeing payment of the prisone Dues.

1. NRS, PC2/26, 67v.

2. The word ‘haveing’ scored out here.

1. NRS, PC2/26, 67v.

2. The word ‘haveing’ scored out here.

Act, 19 December 1695, Edinburgh

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Att Edinburgh the nyntine And twentie dayes of December Jaj vic nyntie five yeirs

D1695/12/401

Act

Act Anent the pole money of Fiffe

The Lords of his majesties privie Councell Doe heirby authorize the Lists of the polemoney within the boundes for the Shyre of Fiffe To be made and taken up According to the old Valwatione of the Said Shyre And not according to the new valwatione therof Lately made And ordaines intimatione heirof to be made at the paroch churches within the said Shyre that all persones concerned may have tymeows notice heirof And allowes thir presents to be printed.

Att Edinburgh the nyntine And twentie dayes of December Jaj vic nyntie five yeirs

D1695/12/401

Act

Act Anent the pole money of Fiffe

The Lords of his majesties privie Councell Doe heirby authorize the Lists of the polemoney within the boundes for the Shyre of Fiffe To be made and taken up According to the old Valwatione of the Said Shyre And not according to the new valwatione therof Lately made And ordaines intimatione heirof to be made at the paroch churches within the said Shyre that all persones concerned may have tymeows notice heirof And allowes thir presents to be printed.

1. NRS, PC2/26, 67r-67v.

1. NRS, PC2/26, 67r-67v.

Sederunt, 19 December 1695, Edinburgh

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Att Edinburgh the nyntine And twentie dayes of December Jaj vic nyntie five yeirs1

D1695/12/392

Sederunt

Lord Chancellour; Duke of Qweensberrie; Earl of Southerland; Lord Polwarth; Lord Advocat; Lord Justice clerk; Lord Anstruther; Laird of Blackbarrony; Sir George Campbell

Att Edinburgh the nyntine And twentie dayes of December Jaj vic nyntie five yeirs1

D1695/12/392

Sederunt

Lord Chancellour; Duke of Qweensberrie; Earl of Southerland; Lord Polwarth; Lord Advocat; Lord Justice clerk; Lord Anstruther; Laird of Blackbarrony; Sir George Campbell

1. NRS, PC2/26, 67r. Note unusual combination of two days in the record

2. NRS, PC2/26, 67r.

1. NRS, PC2/26, 67r. Note unusual combination of two days in the record

2. NRS, PC2/26, 67r.

Warrant, 19 December 1695, Edinburgh

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At Edinburgh thursday the nynteenth day of December Jaj vjc nynty and fyve years

A1695/12/261

Warrant

Warrand to Clerks to wryt to Councillors to attend the Councill

The Lords of his majesties privy Councill in respect That there are severall of their number called To Court That there will be scarce a quorum of Councill Left at Edinburgh to attend the dyets of the metings of Councill there Doe therefore Give ordor and warrand to their Clerks to wryte to the Lord Murray Master Francis Montgomerie Sir Thomas Burnet of Leyes and Sir John Maxuell of Pollock That they instantly repaire to Edinburgh and attend the dyets of Councill Leist the publick affairs of this Kingdome and other business before the Councill may be retarded and impeeded by their absence

At Edinburgh thursday the nynteenth day of December Jaj vjc nynty and fyve years

A1695/12/261

Warrant

Warrand to Clerks to wryt to Councillors to attend the Councill

The Lords of his majesties privy Councill in respect That there are severall of their number called To Court That there will be scarce a quorum of Councill Left at Edinburgh to attend the dyets of the metings of Councill there Doe therefore Give ordor and warrand to their Clerks to wryte to the Lord Murray Master Francis Montgomerie Sir Thomas Burnet of Leyes and Sir John Maxuell of Pollock That they instantly repaire to Edinburgh and attend the dyets of Councill Leist the publick affairs of this Kingdome and other business before the Councill may be retarded and impeeded by their absence

1. NRS, PC1/50, 302.

1. NRS, PC1/50, 302.

Proclamation, 19 December 1695, Edinburgh

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At Edinburgh thursday the nynteenth day of December Jaj vjc nynty and fyve years

A1695/12/251

Proclamation

Proclamatione and delyverance prorogating the dyet of giving in Lists of poleable persons and payment of ther polemoney etc

The proclamation afterinsert anent the polemoney was read approven and signed and ordered to be recorded quherof the tenor and prescryveing methods for the exactness and perfecting of the same
A Proclamatione Prorogating the dyets of giveing in the Lists of poleable persons and payment of their Pole money and Prescryveing methods for the exactness and perfecting of the same
William by the Grace of God King of great Brittaine France and Ireland defender of the faith To etc Macers of our Privy Councill messengers at Armes our Shirriffs in that part conjunctlly and severally specially Constitut Greeting Forasmuch as by the act of parliament Jaj vjc nynty and fyve years anent the polemoney and former proclamations and ordors of our privy Councill theranent severall dayes were prefixed for sending in from the severall shyres of this Kingdome To the Clarks of our Thesaurie abstracts of the Lists and rolls made up within the respective subdivisions of the said Shyres Nevertheless the said abstracts are either whollie neglected or sent in so defective and Lame that noe distinct charge can be formed thereupon either against the Collectors of the Shyres or parish Collectors or those lyable in payment of the said pole money in so far as in severall of the said books and Lists there are som sums drawen out upon either the stock or rent or Characters and conditiones of the persons poleable And the fees of the servants are condescended on only for a half year whereas the master is lyable for the whole years pole out of the half years fee and some condescend’s upon persones merchandizaing and exerciseing trad and keeping servants and yet bears them not able to pay pole And the generall pole of sexpence is not adjected to the particular pole And the valued rent is not divyded amongst the tenents conforme to ther possessiones but Charged in Cumulo and that ther are are2 severall other defects and omissions in the said books for remeed quherof and for perfecting the Lists and rolls of the pole able persons within the severall Shyres of this Kingdome and for Ratifeing and amending severall mistakes and defects abovewryten And to the effect the pole money may be fully and exactly gathered up according to the perfected Lists We with advyce of the Lords of our privy Councill Have though fitt to prorogate and Continow the dayes for Compleating the said Lists and rolls and payeing in the pole money3 Due by the severall Leidges of this our Kingdome untill the fyfteenth day of January next to Come for all upon this syde of Tay except Perthshyre and to the first day of February for the Shyre of Perth And all beyond Tay Hereby requyring and Commanding the Collectors of Supply within the severall shyres of this Kingdome betwixt and the dayes respective foresaid To make up exact and Compleat Lists of all persones within their respective Shyres in the termes of the act of parliament anent the pole money who may be altogether ommitted or not inrolled to ther just availle by the subcollectors of the respective divisiones and paroches within the severall shyres for which the said Collectors of Supply are allowed to Retaine fyve per cent in ther owne hands out of the pole money which shall be collected by them from the persones either ommitted or not duely inrolled as said is. and Lykewayes we Hereby requyre and Command the said Collectors of Supply betwixt and the day Respective foresaid to goe through every paroch within their respective Shyres and ther revise and examine the Lists and rolls given in to them by the Collectors of the severall subdivisiones and paroches and make tryall of the samine And that they be full and exact and to make use of the assistance of the Elders and Examinatione rolls of every paroch and if need bees To execute our former Letters of Horneing granted to them for that effect And to doe all other dilligence allowed by our Lawes for perfecting and Compleating the said Lists and rolls betwixt and the dayes foresaid And the said respective Collectors of Supply within the Severall Shyres are Hereby allowed to retaine in ther owne Hands two per Cent of the whole pole money collected4 and uplifted within the respective Shyres for the paines and travell in the premisses, and that by and attour the allowance granted to them by this and our former proclamations and orders And we with advyce foresaid requyre and Command all and every one of our Subjects lyable in payment of the pole money5 contained in the foresaid act of parliament to make due and Compleat payment thereof to the respective Collectors appoynted for that effect betwixt and the days respective abovementioned with certificatione whosoever shall be found deficient therafter shall be lyable in the quadruple of their polemoney which we Hereby ordaine to be exacted without any abatement ease or delay and we with advyse foresaid requyre and Command the severall Collectors of Supply within this Kingdome to make report of ther dilligence by sending in exact and Compleat abstracts of the Lists and rolls of the poleable persons within ther bounds to the6 to the Clerk of our Thesaury and lykewayes by payeing in the whole pole money collected and received by them betwixt and the dayes respective abovementioned as they will be answereable and to the effect we may be informed of, and understand if there be any neglect Connivance or ommissione in any of the Clerks of Supply within the severall shyres in the punctuall observance and executione of the premisses We with advyce and Consent foresaid command the Shirriffs Deputs within the severall shyres within this Kingdome betwixt and the fyfteen day of Februarie next to come, for all upon the south syde of Tay, except Perth-shyre: and for Perthshyre and all be north Tay betwixt and the first day of March therafter to supervise and examine the dilligence used by the Collectors of supply within the said respective shyres And to make up rolls of all persons he shall discover either to be altogether ommitted and not given up in List or not inrolled to the just availl of ther pole or who have not made payment of ther polemoney due by them and To exact and Lift the quadruple of the polemoney wherein any of the said persons are lyable whereof they shall retain the one Half to themselves and make payment to us of the other Half betwixt and the dayes Last abovementioned as they will be answereable our will is Herefore and we Charge you strictly and Command That incontinent thir our Letters seen ye pass to the marcat Cross of Edinburgh and remanent marcat crosses of the Head burghs of the severall shyres within this Kingdome and there in our name and authority make publick intimatione of the premisses that none pretend ignorance Given under our Signet at Edinburgh the nynteenth day of December and of our Reigne the seventh year Jaj vjc nynty and fyve years sic subscribitur Tweddale Cancell Queensberry Southerland Polwarth James7 Stueart Adam Cockburne John Lauder W Anstruther Archibald Murray.

At Edinburgh thursday the nynteenth day of December Jaj vjc nynty and fyve years

A1695/12/251

Proclamation

Proclamatione and delyverance prorogating the dyet of giving in Lists of poleable persons and payment of ther polemoney etc

The proclamation afterinsert anent the polemoney was read approven and signed and ordered to be recorded quherof the tenor and prescryveing methods for the exactness and perfecting of the same
A Proclamatione Prorogating the dyets of giveing in the Lists of poleable persons and payment of their Pole money and Prescryveing methods for the exactness and perfecting of the same
William by the Grace of God King of great Brittaine France and Ireland defender of the faith To etc Macers of our Privy Councill messengers at Armes our Shirriffs in that part conjunctlly and severally specially Constitut Greeting Forasmuch as by the act of parliament Jaj vjc nynty and fyve years anent the polemoney and former proclamations and ordors of our privy Councill theranent severall dayes were prefixed for sending in from the severall shyres of this Kingdome To the Clarks of our Thesaurie abstracts of the Lists and rolls made up within the respective subdivisions of the said Shyres Nevertheless the said abstracts are either whollie neglected or sent in so defective and Lame that noe distinct charge can be formed thereupon either against the Collectors of the Shyres or parish Collectors or those lyable in payment of the said pole money in so far as in severall of the said books and Lists there are som sums drawen out upon either the stock or rent or Characters and conditiones of the persons poleable And the fees of the servants are condescended on only for a half year whereas the master is lyable for the whole years pole out of the half years fee and some condescend’s upon persones merchandizaing and exerciseing trad and keeping servants and yet bears them not able to pay pole And the generall pole of sexpence is not adjected to the particular pole And the valued rent is not divyded amongst the tenents conforme to ther possessiones but Charged in Cumulo and that ther are are2 severall other defects and omissions in the said books for remeed quherof and for perfecting the Lists and rolls of the pole able persons within the severall Shyres of this Kingdome and for Ratifeing and amending severall mistakes and defects abovewryten And to the effect the pole money may be fully and exactly gathered up according to the perfected Lists We with advyce of the Lords of our privy Councill Have though fitt to prorogate and Continow the dayes for Compleating the said Lists and rolls and payeing in the pole money3 Due by the severall Leidges of this our Kingdome untill the fyfteenth day of January next to Come for all upon this syde of Tay except Perthshyre and to the first day of February for the Shyre of Perth And all beyond Tay Hereby requyring and Commanding the Collectors of Supply within the severall shyres of this Kingdome betwixt and the dayes respective foresaid To make up exact and Compleat Lists of all persones within their respective Shyres in the termes of the act of parliament anent the pole money who may be altogether ommitted or not inrolled to ther just availle by the subcollectors of the respective divisiones and paroches within the severall shyres for which the said Collectors of Supply are allowed to Retaine fyve per cent in ther owne hands out of the pole money which shall be collected by them from the persones either ommitted or not duely inrolled as said is. and Lykewayes we Hereby requyre and Command the said Collectors of Supply betwixt and the day Respective foresaid to goe through every paroch within their respective Shyres and ther revise and examine the Lists and rolls given in to them by the Collectors of the severall subdivisiones and paroches and make tryall of the samine And that they be full and exact and to make use of the assistance of the Elders and Examinatione rolls of every paroch and if need bees To execute our former Letters of Horneing granted to them for that effect And to doe all other dilligence allowed by our Lawes for perfecting and Compleating the said Lists and rolls betwixt and the dayes foresaid And the said respective Collectors of Supply within the Severall Shyres are Hereby allowed to retaine in ther owne Hands two per Cent of the whole pole money collected4 and uplifted within the respective Shyres for the paines and travell in the premisses, and that by and attour the allowance granted to them by this and our former proclamations and orders And we with advyce foresaid requyre and Command all and every one of our Subjects lyable in payment of the pole money5 contained in the foresaid act of parliament to make due and Compleat payment thereof to the respective Collectors appoynted for that effect betwixt and the days respective abovementioned with certificatione whosoever shall be found deficient therafter shall be lyable in the quadruple of their polemoney which we Hereby ordaine to be exacted without any abatement ease or delay and we with advyse foresaid requyre and Command the severall Collectors of Supply within this Kingdome to make report of ther dilligence by sending in exact and Compleat abstracts of the Lists and rolls of the poleable persons within ther bounds to the6 to the Clerk of our Thesaury and lykewayes by payeing in the whole pole money collected and received by them betwixt and the dayes respective abovementioned as they will be answereable and to the effect we may be informed of, and understand if there be any neglect Connivance or ommissione in any of the Clerks of Supply within the severall shyres in the punctuall observance and executione of the premisses We with advyce and Consent foresaid command the Shirriffs Deputs within the severall shyres within this Kingdome betwixt and the fyfteen day of Februarie next to come, for all upon the south syde of Tay, except Perth-shyre: and for Perthshyre and all be north Tay betwixt and the first day of March therafter to supervise and examine the dilligence used by the Collectors of supply within the said respective shyres And to make up rolls of all persons he shall discover either to be altogether ommitted and not given up in List or not inrolled to the just availl of ther pole or who have not made payment of ther polemoney due by them and To exact and Lift the quadruple of the polemoney wherein any of the said persons are lyable whereof they shall retain the one Half to themselves and make payment to us of the other Half betwixt and the dayes Last abovementioned as they will be answereable our will is Herefore and we Charge you strictly and Command That incontinent thir our Letters seen ye pass to the marcat Cross of Edinburgh and remanent marcat crosses of the Head burghs of the severall shyres within this Kingdome and there in our name and authority make publick intimatione of the premisses that none pretend ignorance Given under our Signet at Edinburgh the nynteenth day of December and of our Reigne the seventh year Jaj vjc nynty and fyve years sic subscribitur Tweddale Cancell Queensberry Southerland Polwarth James7 Stueart Adam Cockburne John Lauder W Anstruther Archibald Murray.

1. NRS, PC1/50, 298-302.

2. Sic.

3. The word ‘do’ scored out here.

4. Insertion. The word ‘polled’ scored out.

5. One illegible word scored out here.

6. The phrase ‘poleable persons Clerk’ scored out here.

7. The word ‘St’ scored out here.

1. NRS, PC1/50, 298-302.

2. Sic.

3. The word ‘do’ scored out here.

4. Insertion. The word ‘polled’ scored out.

5. One illegible word scored out here.

6. The phrase ‘poleable persons Clerk’ scored out here.

7. The word ‘St’ scored out here.

Commission by the Council, 19 December 1695, Edinburgh

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At Edinburgh thursday the nynteenth day of December Jaj vjc nynty and fyve years

A1695/12/241

Commission by the Council

Commissione for examening the Baxters of Glasgow and others anent the importatione of Irish Victuall

The Lords of his Majesties privy Councill being informed That there are Considerable quantities of Victuall transported from Ireland and other forraigne places into this Kingdome and especially into the western parts thereof preceeding the tuelth day of December currant and that the Baxters in and about the Toune of Glasgow Have imported or caused import or had occasione to the importing of severall quantities of the said forraigne victuall into this kingdome Therfore the said Lords of his majesties privy Councill have given and granted and Hereby Giv’s and Grants full power warrand and Commissione To Mr Francis Montgomerie of Giffane Sir John Maxuell of Pollock two of their oune number […] Mure of Rowallane […] Crafurd of Fergushill […] Hamiltone of Barncleugh and Sir William Fleeming of [Ferme] Commissar of Glasgow or any three of them whom they Hereby declaire to be a sufficient quorum To take tryall anent the importatione of the said Irish or other forraigne Victuall preceeding the day foresaid And for that effect to Call for and examine the said Baxters in and about the Toune of Glasgow and all other persons guilty of or haveing accessione to the Importatione of the same And all merchants Skippers owners of boats boatmen and other servants whatsomever concerned therein Living in or about the said toune of Glasgow or at any other place within the bounds contained in the Commissione granted to David Crafurd of Drumsuy according as their names shall be given in to them in a List by the said David Craufurd And particularly to examine the persones foresaid upon the Interrogators following Primo if they by themselves or any impowered for them directly or indirectly Have imported or Caused or directed any to import Victuall from any other Kingdome into this Kingdome since the first day of January Jaj vjc nynty and fyve years Secundo since the said day they Have brought any victuall from any persone or persones who to their Knowledge did bring the same into this Kingdome from any other Kingdome especially from Ireland Tertio from what particular persons they did buy any victuall since the said day That to ther knowledge did come in Vessells into the Firth or River of Clyde or any other place on the sea coast And that they Condescend upon the names of the persons and the quantities of the Victuall bought by them from tyme to tyme since the foresaid day And appoynts the said Commissioners to call for any decreets against any of the foresaid persones and bonds granted by any of them to […] the said David Craufurd of Drumsuy whom the said Lords doe Hereby appoynt to attend the said Commissioners With full power to the said Commissioners or their said quorum to elect and choise theire owne Clerk for whom they shall be answereable and To cause draw up the depositiones and Examinationes of the persones to be called before them authentickly in wrytt and to cause the persones Examined subscryve the Same And als That the Commissioners and ther said quorum subscryve the same themselves With power to the said Commissioners or ther Quorum to impose fynes conforme to the act of parliament Jaj vjc seventy and two years to be exacted and uplifted by the said David Craufurd and applyed and compted by Him in the terms of his Commissione granted to Him or imprisone all such persones against whome their shall be two concurreing witneses proveing they imported or had accessione to the importatione of any Irish or other forraigne Victuall with power also to the said Commissioners or ther said quorum to take of any sequestratione layd upon the wheat belonging to the Baxters upon such termes and under such security as they shall think fitt And appoynts the said Commissioners to meet at Glasgow the second day of Januarie Jaj vjc nynty and sex years for the first place and dyet of ther meeting And therafter to adjourne themselves to such other places and dyets as they shall find Convenient from tyme to tyme betwixt and the Last day of the samine moneth And appoynts them to make report of ther Haill procedure of this matter to the said Lords of his Majesties privy Councill betwixt and the said day to the effect their Lordships may give such furder ordor thereanent as they shall find necessar sic subscribitur Twerddale Cancel Queensberrie Southerland Polwarth James Stueart Adam Cockburne W Anstruther Archibald Murray G Campbell

At Edinburgh thursday the nynteenth day of December Jaj vjc nynty and fyve years

A1695/12/241

Commission by the Council

Commissione for examening the Baxters of Glasgow and others anent the importatione of Irish Victuall

The Lords of his Majesties privy Councill being informed That there are Considerable quantities of Victuall transported from Ireland and other forraigne places into this Kingdome and especially into the western parts thereof preceeding the tuelth day of December currant and that the Baxters in and about the Toune of Glasgow Have imported or caused import or had occasione to the importing of severall quantities of the said forraigne victuall into this kingdome Therfore the said Lords of his majesties privy Councill have given and granted and Hereby Giv’s and Grants full power warrand and Commissione To Mr Francis Montgomerie of Giffane Sir John Maxuell of Pollock two of their oune number […] Mure of Rowallane […] Crafurd of Fergushill […] Hamiltone of Barncleugh and Sir William Fleeming of [Ferme] Commissar of Glasgow or any three of them whom they Hereby declaire to be a sufficient quorum To take tryall anent the importatione of the said Irish or other forraigne Victuall preceeding the day foresaid And for that effect to Call for and examine the said Baxters in and about the Toune of Glasgow and all other persons guilty of or haveing accessione to the Importatione of the same And all merchants Skippers owners of boats boatmen and other servants whatsomever concerned therein Living in or about the said toune of Glasgow or at any other place within the bounds contained in the Commissione granted to David Crafurd of Drumsuy according as their names shall be given in to them in a List by the said David Craufurd And particularly to examine the persones foresaid upon the Interrogators following Primo if they by themselves or any impowered for them directly or indirectly Have imported or Caused or directed any to import Victuall from any other Kingdome into this Kingdome since the first day of January Jaj vjc nynty and fyve years Secundo since the said day they Have brought any victuall from any persone or persones who to their Knowledge did bring the same into this Kingdome from any other Kingdome especially from Ireland Tertio from what particular persons they did buy any victuall since the said day That to ther knowledge did come in Vessells into the Firth or River of Clyde or any other place on the sea coast And that they Condescend upon the names of the persons and the quantities of the Victuall bought by them from tyme to tyme since the foresaid day And appoynts the said Commissioners to call for any decreets against any of the foresaid persones and bonds granted by any of them to […] the said David Craufurd of Drumsuy whom the said Lords doe Hereby appoynt to attend the said Commissioners With full power to the said Commissioners or their said quorum to elect and choise theire owne Clerk for whom they shall be answereable and To cause draw up the depositiones and Examinationes of the persones to be called before them authentickly in wrytt and to cause the persones Examined subscryve the Same And als That the Commissioners and ther said quorum subscryve the same themselves With power to the said Commissioners or ther Quorum to impose fynes conforme to the act of parliament Jaj vjc seventy and two years to be exacted and uplifted by the said David Craufurd and applyed and compted by Him in the terms of his Commissione granted to Him or imprisone all such persones against whome their shall be two concurreing witneses proveing they imported or had accessione to the importatione of any Irish or other forraigne Victuall with power also to the said Commissioners or ther said quorum to take of any sequestratione layd upon the wheat belonging to the Baxters upon such termes and under such security as they shall think fitt And appoynts the said Commissioners to meet at Glasgow the second day of Januarie Jaj vjc nynty and sex years for the first place and dyet of ther meeting And therafter to adjourne themselves to such other places and dyets as they shall find Convenient from tyme to tyme betwixt and the Last day of the samine moneth And appoynts them to make report of ther Haill procedure of this matter to the said Lords of his Majesties privy Councill betwixt and the said day to the effect their Lordships may give such furder ordor thereanent as they shall find necessar sic subscribitur Twerddale Cancel Queensberrie Southerland Polwarth James Stueart Adam Cockburne W Anstruther Archibald Murray G Campbell

1. NRS, PC1/50, 296-8.

1. NRS, PC1/50, 296-8.

Act, 19 December 1695, Edinburgh

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At Edinburgh thursday the nynteenth day of December Jaj vjc nynty and fyve years

A1695/12/231

Act

Act banishing fyve persones in Glasgow Tolbooth to Flanders as Souldiers.

The Lords of his Majesties privy Councill Haveing seen a Consent subscryved by John Malcolme and Robert McGrigor and Finlay McCrock Residenter in Govan and John Moreisone sometyme in Innerkip all in the Tolbooth of Glasgow by ordor of the Baillie of the Regality thereof for thift and breaking of Houses whereby they intreat the Baillie to procure to them from the Privie Councill the benefit of banishment or the Libertie to serve as Souldiers in his majesties service abroad which they are willing to undertake and ingadge in The said Lords doe Hereby Give ordor and warrand to the magistrats of Glasgow and keeper of their Tolbooth to delyver the fyve persones foresaid to the persones afternamed serveing in his majesties armie at Flanders viz the said Captain John Mcgrigor to Captain William Hay in […] Regiment The said Malcolme Mcgrigor to Captain Lindsay in […] Regiment The said Robert Mcgrigor to Robert Plumber sone to Andrew Plumber of Midlestead, in the Lord Lorn’s Regiment The said Finlay McCock to Captaine Grahame in Sir William Douglass Regiment and the said John Morisone to the said Robert Plumber in the said Lord Lorn his regiment To be carried aboard by the said persones abovenamed serveing in his Majesties armie at Flanders to serve as souldiers 2 in his Majesties service there and the said Lords doe Hereby banish the said fyve persones furth of this Kingdome and discharges them to returne within the same under the paine of death without his Majesties or the Councills ordors for that effect And appoynts the said Consent to remaine in the Hands of the Clerks of privie Councill

At Edinburgh thursday the nynteenth day of December Jaj vjc nynty and fyve years

A1695/12/231

Act

Act banishing fyve persones in Glasgow Tolbooth to Flanders as Souldiers.

The Lords of his Majesties privy Councill Haveing seen a Consent subscryved by John Malcolme and Robert McGrigor and Finlay McCrock Residenter in Govan and John Moreisone sometyme in Innerkip all in the Tolbooth of Glasgow by ordor of the Baillie of the Regality thereof for thift and breaking of Houses whereby they intreat the Baillie to procure to them from the Privie Councill the benefit of banishment or the Libertie to serve as Souldiers in his majesties service abroad which they are willing to undertake and ingadge in The said Lords doe Hereby Give ordor and warrand to the magistrats of Glasgow and keeper of their Tolbooth to delyver the fyve persones foresaid to the persones afternamed serveing in his majesties armie at Flanders viz the said Captain John Mcgrigor to Captain William Hay in […] Regiment The said Malcolme Mcgrigor to Captain Lindsay in […] Regiment The said Robert Mcgrigor to Robert Plumber sone to Andrew Plumber of Midlestead, in the Lord Lorn’s Regiment The said Finlay McCock to Captaine Grahame in Sir William Douglass Regiment and the said John Morisone to the said Robert Plumber in the said Lord Lorn his regiment To be carried aboard by the said persones abovenamed serveing in his Majesties armie at Flanders to serve as souldiers 2 in his Majesties service there and the said Lords doe Hereby banish the said fyve persones furth of this Kingdome and discharges them to returne within the same under the paine of death without his Majesties or the Councills ordors for that effect And appoynts the said Consent to remaine in the Hands of the Clerks of privie Councill

1. NRS, PC1/50, 295-6.

2. The phrase ‘in his’ scored out here.

1. NRS, PC1/50, 295-6.

2. The phrase ‘in his’ scored out here.

Procedure, 19 December 1695, Edinburgh

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At Edinburgh thursday the nynteenth day of December Jaj vjc nynty and fyve years

A1695/12/221

Procedure

[Lord Advocat and the Duke of Queensberry called to Court]

The Lord Advocat acquainted the Councill that He was called to attend upon2 his Majestie at Court and desyred to receive their Lordships Commands if they have any to Lay upon him 
The Duke of Queensherry lykewayes acquainted their Lordships that He was goeing for court to attend his Grace’s post there

At Edinburgh thursday the nynteenth day of December Jaj vjc nynty and fyve years

A1695/12/221

Procedure

[Lord Advocat and the Duke of Queensberry called to Court]

The Lord Advocat acquainted the Councill that He was called to attend upon2 his Majestie at Court and desyred to receive their Lordships Commands if they have any to Lay upon him 
The Duke of Queensherry lykewayes acquainted their Lordships that He was goeing for court to attend his Grace’s post there

1. NRS, PC1/50, 295.

2. Insertion.

1. NRS, PC1/50, 295.

2. Insertion.