Act, 2 August 1694 (pm), Edinburgh

Eodem die [2 August 1694] Post Meridiem

D1694/8/111

Act

Act The Salmond fishers of the River of Don.

Anent a Petitione given in to the Lords of their Majesties privy Councill be John Burnet merchant in Aberdein Mr John Johnstone merchant ther for themselves and in name and behalf of the remanent heritors of the salmond fishings of the Cruives and Coble fishings upon the rive of Done Shewing That quher in a proces intented before the saids Lords at the instance of the Earle of Kintoir, Master of Forbes and other heritors of the superior salmond fishings above the Cruives, The petitioners were fyned in the soume of five Thousand merks wherof two parts was to be payed to the pursuers and a third part to be applyed to their majesties use, at pronunceing of which Sentance It was evident to most of their Lordships number then then the said thrid part belonging to their majesties was to dispenced with to the petitioners, and it will yet appear by the testimonies of the witnesses Lyeing in retentis that the Irregularities both of the Cruives and Coble for which the petitioners were fyned, were only proven against their servants, who hade invented some unaccustomed method for their oun privat advantadges without benefiting their masters a six pence, And the petitioners haveing by frequent persuits and fyneings before their Lordships and severall interuptiones and incroachments made upon their intrest by others, not only intirely Lost the yearly product of the Cruive fishing which was thrie thousand merks per annum, But some of them being poor indigent widowes, orphans and other persones who have no other mean of Subsistance are reduced to great straits and deficulties party by payment of the fynes formerly Imposed and partly by payment of the two thirds parts of this fyne to the pursuers without hopes of ever makeing a six pence of Improvement upon that intrest, And now after all beyond the petitioners expectatione they are Charged with horning at the instance of the generall receiver of the Croun rents for payment of the third part of the said five 2 Thousand3 merks which was ordined to be applyed to their majesties use, albeit they hade ground of hope that the same was to be remitted Wheras (if the same should be exacted) some of their society will be inevitably ruined And Therfore Humbly Suplicating the saids Lords to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the heritors of the Salmond fishing and Coblefishing upon Donn They heirby Remitt their majesties part of the above fyne and have Discharged and heirby Discharges any furder procedure against the petitioners for the same.

Eodem die [2 August 1694] Post Meridiem

D1694/8/111

Act

Act The Salmond fishers of the River of Don.

Anent a Petitione given in to the Lords of their Majesties privy Councill be John Burnet merchant in Aberdein Mr John Johnstone merchant ther for themselves and in name and behalf of the remanent heritors of the salmond fishings of the Cruives and Coble fishings upon the rive of Done Shewing That quher in a proces intented before the saids Lords at the instance of the Earle of Kintoir, Master of Forbes and other heritors of the superior salmond fishings above the Cruives, The petitioners were fyned in the soume of five Thousand merks wherof two parts was to be payed to the pursuers and a third part to be applyed to their majesties use, at pronunceing of which Sentance It was evident to most of their Lordships number then then the said thrid part belonging to their majesties was to dispenced with to the petitioners, and it will yet appear by the testimonies of the witnesses Lyeing in retentis that the Irregularities both of the Cruives and Coble for which the petitioners were fyned, were only proven against their servants, who hade invented some unaccustomed method for their oun privat advantadges without benefiting their masters a six pence, And the petitioners haveing by frequent persuits and fyneings before their Lordships and severall interuptiones and incroachments made upon their intrest by others, not only intirely Lost the yearly product of the Cruive fishing which was thrie thousand merks per annum, But some of them being poor indigent widowes, orphans and other persones who have no other mean of Subsistance are reduced to great straits and deficulties party by payment of the fynes formerly Imposed and partly by payment of the two thirds parts of this fyne to the pursuers without hopes of ever makeing a six pence of Improvement upon that intrest, And now after all beyond the petitioners expectatione they are Charged with horning at the instance of the generall receiver of the Croun rents for payment of the third part of the said five 2 Thousand3 merks which was ordined to be applyed to their majesties use, albeit they hade ground of hope that the same was to be remitted Wheras (if the same should be exacted) some of their society will be inevitably ruined And Therfore Humbly Suplicating the saids Lords to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the heritors of the Salmond fishing and Coblefishing upon Donn They heirby Remitt their majesties part of the above fyne and have Discharged and heirby Discharges any furder procedure against the petitioners for the same.

1. NRS, PC2/25, 50r-51r.

2. The word ‘hundred’ scored out here.

3. Insertion.

1. NRS, PC2/25, 50r-51r.

2. The word ‘hundred’ scored out here.

3. Insertion.

Order, 2 August 1694 (pm), Edinburgh

Eodem die [2 August 1694] Post Meridiem

D1694/8/101

Order

Sist executione Cuthbertsone contra Ewing Campbell surveyer at Prestonpans

The Lords of their Majesties privy Councill having Considered a Petitione given in to them be William Cuthbertsone They heirby sist executione upon the Decreet recovered before the Councill against the petitioner for the fyne therinmentioned untill the fifth day of September nixt to come and in the mean tyme allowed the receiver of their Majesties Croune rents or their majesties Solicitor to see and answer the same.

Eodem die [2 August 1694] Post Meridiem

D1694/8/101

Order

Sist executione Cuthbertsone contra Ewing Campbell surveyer at Prestonpans

The Lords of their Majesties privy Councill having Considered a Petitione given in to them be William Cuthbertsone They heirby sist executione upon the Decreet recovered before the Councill against the petitioner for the fyne therinmentioned untill the fifth day of September nixt to come and in the mean tyme allowed the receiver of their Majesties Croune rents or their majesties Solicitor to see and answer the same.

1. NRS, PC2/25, 50r.

1. NRS, PC2/25, 50r.

Act, 2 August 1694 (pm), Edinburgh

Eodem die [2 August 1694] Post Meridiem

D1694/8/91

Act

Act In Favors of Mr Rule and Mr John Logan anent the poors box etc of Killmadock.2

Eodem die [2 August 1694] Post Meridiem

D1694/8/91

Act

Act In Favors of Mr Rule and Mr John Logan anent the poors box etc of Killmadock.2

1. NRS, PC2/25, 49v.

2. Blank entry.

1. NRS, PC2/25, 49v.

2. Blank entry.

Act, 2 August 1694 (pm), Edinburgh

Eodem die [2 August 1694] Post Meridiem

D1694/8/81

Act

Act The Elders and session of Ferry-Patroncraig

Anent a Petition given in to the Lords of ther Majesties privy Councill be the Elders of the sessione of Ferry Parton Craig with Consent of the moderator of St Androwes in regaird of the vaccance of their Church throw the transportatione of their minister from them Shewing that the petitioners being the legall constitute eldership of the kirk and parochin of Ferry Patroncraig setled and Constitute by the presbytrie with Consent of Mr William Violent their late minister before his transportation from them And In regaird Mr Robert Whyt the former incumbent hade in his custody their session books poors box the utincills of the Church with severall Bonds due by severall persones to the session for the use of the poor and other Mortificationes, And seing the said Mr Robert Whyt is dead and Elizabeth Fithie his relict is now maried againe upon on Mr Alexander Wood and that the poors stock may come to perish and the bonds and registers and other utincells belonging to the kirk may misscary and come to be Lost and Imbazled by being in the hands of the relict or comeing in the hands of Disaffected persones to the Church government And that it is uncertaine when their Church may be planted againe and the poor being in ane Sterving conditione non being willing to pay to the petitioners till they be master of their bonds and mortificationes with the registers of the kirk And Therfore humbly suplicating to the effect aftermentioned The Lords of their Majesties privy Councill having Considered this petition given in to them be the above elders of the Sessione of Ferry Partouncraig with Consent of the moderator and remanent members of the presbytrie of St Androwes They heirby Grant letters of horning to be direct for Chargeing the above Elizabeth Fithie and her husband for his intrest and Mr Robert Whyte her sone and others to be Condescended on in the horning To deliver up to the petitioners or to the moderator of the presbytrie of St Androwes In their name and at their sight, The session books utincills of the Church poors box mortificationes and bonds upon recept of the Samen.

Eodem die [2 August 1694] Post Meridiem

D1694/8/81

Act

Act The Elders and session of Ferry-Patroncraig

Anent a Petition given in to the Lords of ther Majesties privy Councill be the Elders of the sessione of Ferry Parton Craig with Consent of the moderator of St Androwes in regaird of the vaccance of their Church throw the transportatione of their minister from them Shewing that the petitioners being the legall constitute eldership of the kirk and parochin of Ferry Patroncraig setled and Constitute by the presbytrie with Consent of Mr William Violent their late minister before his transportation from them And In regaird Mr Robert Whyt the former incumbent hade in his custody their session books poors box the utincills of the Church with severall Bonds due by severall persones to the session for the use of the poor and other Mortificationes, And seing the said Mr Robert Whyt is dead and Elizabeth Fithie his relict is now maried againe upon on Mr Alexander Wood and that the poors stock may come to perish and the bonds and registers and other utincells belonging to the kirk may misscary and come to be Lost and Imbazled by being in the hands of the relict or comeing in the hands of Disaffected persones to the Church government And that it is uncertaine when their Church may be planted againe and the poor being in ane Sterving conditione non being willing to pay to the petitioners till they be master of their bonds and mortificationes with the registers of the kirk And Therfore humbly suplicating to the effect aftermentioned The Lords of their Majesties privy Councill having Considered this petition given in to them be the above elders of the Sessione of Ferry Partouncraig with Consent of the moderator and remanent members of the presbytrie of St Androwes They heirby Grant letters of horning to be direct for Chargeing the above Elizabeth Fithie and her husband for his intrest and Mr Robert Whyte her sone and others to be Condescended on in the horning To deliver up to the petitioners or to the moderator of the presbytrie of St Androwes In their name and at their sight, The session books utincills of the Church poors box mortificationes and bonds upon recept of the Samen.

1. NRS, PC2/25, 48v-49r.

1. NRS, PC2/25, 48v-49r.

Sederunt, 2 August 1694 (pm), Edinburgh

Eodem die [2 August 1694] Post Meridiem1

D1694/8/72

Sederunt

Lord Chancelor; Earl of Melvill pS; Earl of Southerland; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Anandale; Earl of Kintoir; Earl of Bredalbine; Lord Murray; Viscount Tarbat; Viscount Stair; Lord Ross; Lord Carmicheall; Lord Polwarth; Lord Justice Clerk; Lord Advocat; Laird of Stivenson; Sir Thomas Livingston

Eodem die [2 August 1694] Post Meridiem1

D1694/8/72

Sederunt

Lord Chancelor; Earl of Melvill pS; Earl of Southerland; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Anandale; Earl of Kintoir; Earl of Bredalbine; Lord Murray; Viscount Tarbat; Viscount Stair; Lord Ross; Lord Carmicheall; Lord Polwarth; Lord Justice Clerk; Lord Advocat; Laird of Stivenson; Sir Thomas Livingston

1. NRS, PC2/25, 48v.

2. NRS, PC2/25, 48v.

1. NRS, PC2/25, 48v.

2. NRS, PC2/25, 48v.

Commission by the Council, 2 August 1694 (pm), Edinburgh

Att Edinburgh the second day of Agust Jaj vic nyntie four years. Eodem die post meridiem

A1694/8/91

Commission by the Council

Commission for Additionall Commissioners in the steuartry of Orkney and Zetland

The Lords of their Majesties privie Councell Considering that by the sixth Act of the second session of their Majesties Current parliament of this ancient Kingdome of Scotland Ther are Commissioners appointed in Each shire of this Kingdome For proportioning the supply by the said Act Granted to their Majesties and for seing and ordering the uplifting of the samen furth of the respective shires wherof they are appointed Commissioners and that by the said Act It is remitted to the Lords of their Majesties privie Councel to nominat other persons to be Commissioners upon the death or not acceptance of any of the persons mentioned in the said Act And the Saids Lords Considering that the persons follouing who by the said Act are nominat Commissioners within the steuartry of Orkney and Zetland are deceased since the making therof viz Thomas Lesly of Ustans Robert Bruce of Sumburgh and James Olyphant of Ure And that severall others of the Commissioners nominat in the said Act Have not qualified themselves for the exercise of their saids offices and trust of Commissioners forsaids by suearing the oath of alleadgance to their Majesties and signing the assurance In the terms of the Acts of parliament and Councell Therfore the Lords of their Majesties privie Councell Doe the Lords of their Majesties privie Councell Therfore the Lords of their Majesties privie Councel Doe heirby nominat and appoint the persons follouing Patrick Monat of Hannaboe Andrew Monat of Gearth Patrick Lesly of Ustans Mr John Mitchell of Berry and James Scott of Voilgearth To be Commissioners of Supplie in the said steuartry in place of these deceased or not accepting as said is And that for the effect above and in the said Act and subsequent acts of parliament particularly mentioned And Gives and Grants to the persons heirby nominat Commissioners as said is (so soon as they shall be qualified by suearing and signing the oath of alleadgance and signing the Assurance to their Majesties King William and Queen Mary in the termes of the Act of parliament The same pouer priviledge and Commission which by the said Act of parliament Is Granted to the persons therinnamed To be exercised alse fullie and freely in all respects as if they had been named in the said Act of parliament And as any other Commissioners of Supplie In any other shire uithin this Kingdome does or may doe And the saids Lords Doe heirby authorize the person who shall be Conveener of the Commissioners of supply in the said Steuartry for the tyme or aither of them as said is And to see them suear and subscribe the samen and signe the assurance appointed by Act of parliament And that at the first dyet of the Commissioners meeting after thir presents shall Come to their hands And appointes the saids Commissioners to report the said alleadgance so suorne and assurance so signed to the Clerks of their Majesties privie Councell And that uithin the space of […] after their meeting and administrating the said oath and assurance

Att Edinburgh the second day of Agust Jaj vic nyntie four years. Eodem die post meridiem

A1694/8/91

Commission by the Council

Commission for Additionall Commissioners in the steuartry of Orkney and Zetland

The Lords of their Majesties privie Councell Considering that by the sixth Act of the second session of their Majesties Current parliament of this ancient Kingdome of Scotland Ther are Commissioners appointed in Each shire of this Kingdome For proportioning the supply by the said Act Granted to their Majesties and for seing and ordering the uplifting of the samen furth of the respective shires wherof they are appointed Commissioners and that by the said Act It is remitted to the Lords of their Majesties privie Councel to nominat other persons to be Commissioners upon the death or not acceptance of any of the persons mentioned in the said Act And the Saids Lords Considering that the persons follouing who by the said Act are nominat Commissioners within the steuartry of Orkney and Zetland are deceased since the making therof viz Thomas Lesly of Ustans Robert Bruce of Sumburgh and James Olyphant of Ure And that severall others of the Commissioners nominat in the said Act Have not qualified themselves for the exercise of their saids offices and trust of Commissioners forsaids by suearing the oath of alleadgance to their Majesties and signing the assurance In the terms of the Acts of parliament and Councell Therfore the Lords of their Majesties privie Councell Doe the Lords of their Majesties privie Councell Therfore the Lords of their Majesties privie Councel Doe heirby nominat and appoint the persons follouing Patrick Monat of Hannaboe Andrew Monat of Gearth Patrick Lesly of Ustans Mr John Mitchell of Berry and James Scott of Voilgearth To be Commissioners of Supplie in the said steuartry in place of these deceased or not accepting as said is And that for the effect above and in the said Act and subsequent acts of parliament particularly mentioned And Gives and Grants to the persons heirby nominat Commissioners as said is (so soon as they shall be qualified by suearing and signing the oath of alleadgance and signing the Assurance to their Majesties King William and Queen Mary in the termes of the Act of parliament The same pouer priviledge and Commission which by the said Act of parliament Is Granted to the persons therinnamed To be exercised alse fullie and freely in all respects as if they had been named in the said Act of parliament And as any other Commissioners of Supplie In any other shire uithin this Kingdome does or may doe And the saids Lords Doe heirby authorize the person who shall be Conveener of the Commissioners of supply in the said Steuartry for the tyme or aither of them as said is And to see them suear and subscribe the samen and signe the assurance appointed by Act of parliament And that at the first dyet of the Commissioners meeting after thir presents shall Come to their hands And appointes the saids Commissioners to report the said alleadgance so suorne and assurance so signed to the Clerks of their Majesties privie Councell And that uithin the space of […] after their meeting and administrating the said oath and assurance

0. NRS, PC1/49, 434.

1. NRS, PC1/49, 442-4.

0. NRS, PC1/49, 434.

1. NRS, PC1/49, 442-4.

Commission by the Council, 2 August 1694 (pm), Edinburgh

Att Edinburgh the second day of Agust Jaj vic nyntie four years. Eodem die post meridiem

A1694/8/81

Commission by the Council

Commission for additionall Commissioners in the shire of Kincairdin

The Lords of their Majesties privie Councell Considering that by the sixth act of the second session of their Majesties Current parliament of this antient kingdome of Scotland Ther are Commissioners appointed in Each shire of this Kingdome for proportioning the supplie by the said Act granted to their Majesties And for seing and ordering the uplifting of the samen Furth of the respective shires wherof they are appointed Commissioners And that by the said Act It is remitted to the Lords of their Majesties privie Councell To nominat other persons to be Commissioners upon the death or not acceptance of any of the persons mentioned in the said Act are nominat Commissioners uithin the shire of Kincairdine Have not qualified themselves for the exercise of their saids offices and trust of Commissioners forsaid By suearing the oath of alleadgance to their Majesties and signing the assurance in the terms of the acts of parliament and Councell Therfore the saids Lords doe heirby add and eik to the persons formerly nominat and who have qualified themselves by Law to Act The persons follouing viz John Arthbuthnet of Tordon brother to the Viscount of Arbuthnet Mr James Keith Shirref deput of the said shire and James Scott Elder of Logie to be Commissioners of supplie within the said shire of Kincairdin and that for the effect above and in the said Act and subsequent acts of parliament particularly mentioned And Gives and Grants to the persons heirby nominat Commissioners as said is (so soon as they shall be qualified by suearing and signing the oath of alleadgance and signing the oath of alleadgance and signing the Assurance to their Majesties King William and Queen Mary in the terms of the act of parliament) The same pouer priviledge and Commission which by the said Act of parliament is Granted to the Commissioners therin named To be exercised alse fullie and freely In all respects as if they had been named in the said Act of parliament and as any other Commissioners of Supply in any other shire within this Kingdome Does or may Laufullie doe And the saids Lords Doe heirby authorize the persone who shall be Conveener of the Commissioners of Supplie in the said shire for the tyme or aither of them to Administer the oath of alleadgance to the saids Commissioners heirby nominat as said is And to see them suear and subscribe the same and signe the Assurance appointed by Act of parliament And that at the forst dyet of the Commissioners meeting After thir presents Comes to their hands And appointes the saids Commissioners to report the said alleadgance so suorne and assurance so signed to the Clerks of their Majesties privie Councell And that within the space of […] nixt after their meeting and administrating the said oath and assurance

Att Edinburgh the second day of Agust Jaj vic nyntie four years. Eodem die post meridiem

A1694/8/81

Commission by the Council

Commission for additionall Commissioners in the shire of Kincairdin

The Lords of their Majesties privie Councell Considering that by the sixth act of the second session of their Majesties Current parliament of this antient kingdome of Scotland Ther are Commissioners appointed in Each shire of this Kingdome for proportioning the supplie by the said Act granted to their Majesties And for seing and ordering the uplifting of the samen Furth of the respective shires wherof they are appointed Commissioners And that by the said Act It is remitted to the Lords of their Majesties privie Councell To nominat other persons to be Commissioners upon the death or not acceptance of any of the persons mentioned in the said Act are nominat Commissioners uithin the shire of Kincairdine Have not qualified themselves for the exercise of their saids offices and trust of Commissioners forsaid By suearing the oath of alleadgance to their Majesties and signing the assurance in the terms of the acts of parliament and Councell Therfore the saids Lords doe heirby add and eik to the persons formerly nominat and who have qualified themselves by Law to Act The persons follouing viz John Arthbuthnet of Tordon brother to the Viscount of Arbuthnet Mr James Keith Shirref deput of the said shire and James Scott Elder of Logie to be Commissioners of supplie within the said shire of Kincairdin and that for the effect above and in the said Act and subsequent acts of parliament particularly mentioned And Gives and Grants to the persons heirby nominat Commissioners as said is (so soon as they shall be qualified by suearing and signing the oath of alleadgance and signing the oath of alleadgance and signing the Assurance to their Majesties King William and Queen Mary in the terms of the act of parliament) The same pouer priviledge and Commission which by the said Act of parliament is Granted to the Commissioners therin named To be exercised alse fullie and freely In all respects as if they had been named in the said Act of parliament and as any other Commissioners of Supply in any other shire within this Kingdome Does or may Laufullie doe And the saids Lords Doe heirby authorize the persone who shall be Conveener of the Commissioners of Supplie in the said shire for the tyme or aither of them to Administer the oath of alleadgance to the saids Commissioners heirby nominat as said is And to see them suear and subscribe the same and signe the Assurance appointed by Act of parliament And that at the forst dyet of the Commissioners meeting After thir presents Comes to their hands And appointes the saids Commissioners to report the said alleadgance so suorne and assurance so signed to the Clerks of their Majesties privie Councell And that within the space of […] nixt after their meeting and administrating the said oath and assurance

0. NRS, PC1/49, 434.

1. NRS, PC1/49, 441-2.

0. NRS, PC1/49, 434.

1. NRS, PC1/49, 441-2.

Commission by the Council, 2 August 1694 (pm), Edinburgh

Att Edinburgh the second day of Agust Jaj vic nyntie four years. Eodem die post meridiem

A1694/8/71

Commission by the Council

Commission for additionall Commissioners in the shire of Stirling

The Lords of their Majesties privie Councell Considering that by the sixth act of the second session of their Majesties Current Parliament of this ancient kingdome of Scotland Ther are Commissioners appointed in each shire of this kingdome For proportioning the supplie by the said act granted to their Majesties and for seing and ordering the uplifting of the samen Furth of the respective shires wherof they are appointed Commissioners And that by the said act It is remitted to the Lords of their majesties privie Councell to nominat other persons to be Commissioners upon the death or not acceptance of any of the persons mentioned in the said Act And the saids Lords Considering that the persons follouing who by the said Act are nominat Commissioners uithin the shire of Stirling are deceased since the making therof viz The Earle of Callender The Lord Cardross Sir James Erskine of Alvae and Sir George Stirling of Gloret and that severall others of the Commissioners nominat in the said act Have not qualified themselves for the exercise of their saids offices and trust of Commissioners forsaids By suearing the oath of alleadgance to their Majesties and signing the assurance In the terms of the Acts of parliament and Councell Therfore the saids Lords of privie Councell Doe heirby nominat and appoint the persons follouing viz The Lord Forrester The now Lord Cardross The Laird of Bedlormie George Buchannan of Ballachrane Thomas Buchannan of Balquhan John Buchannan of Craigeverne Walter Buchannan of Balfuning John Mclauchlane of Auchintroick Duncan Buchannan of Herperstoune John Forrest of Pardivane David Forrester of Denovane John Cuthell of Stonieuood Ludovick Callender of Dorrater James Rankeine of Balmilzeor John Ross of Neuk Thomas Craufurd of Mannuallmylne John Campbell younger of Douan Robert Forrest in Bankhead Mr John Areskine present governor of the Castle of Stirling, and Robert Hay of Candie to be Commissioners of Supplie in the said shire of Stirling In place of these deceased or not accepting as said is And that for the effect above and in the said act and subsequent acts of parliament particularly mentioned And Gives and Grants to the Commissioners heirby nominat Commissioners as said is (so soon as they shall be qualified by suearing and signing the oath of alleadgance and signing the assurance to their majesties King William and Queen Mary in the terms of the act of parliament) The same pouer priviledge and Commissione which by the said act of parliament is granted to the persons therin named To be exercised alse fullie and freely In all respects as if they had been named in the said act of parliament and as any other Commissioners of supplie in any other shire uithin this kingdome Does or may Laufullie doe And the saids Lords Doe heirby authorize the persone who shall be Conveener of the Commissioners of Supplie in the said shire for the tyme or aither of them to administer the oath of alleadgance to the saids Commissioners heirby nominated as said is And to see them suear and subscribe the same and signe the assurance appointed by the2 Act of parliament And that at the first dyet of the Commissioners meeting after thir presents comes to their hands And appointes the saids Commissioners to report the said alleadgance soe suorne and assurance so signed to the Clerks of their Majesties privie Councell And that uithin the space of […] nixt after their meeting and administrating the said oath and assurance

Att Edinburgh the second day of Agust Jaj vic nyntie four years. Eodem die post meridiem

A1694/8/71

Commission by the Council

Commission for additionall Commissioners in the shire of Stirling

The Lords of their Majesties privie Councell Considering that by the sixth act of the second session of their Majesties Current Parliament of this ancient kingdome of Scotland Ther are Commissioners appointed in each shire of this kingdome For proportioning the supplie by the said act granted to their Majesties and for seing and ordering the uplifting of the samen Furth of the respective shires wherof they are appointed Commissioners And that by the said act It is remitted to the Lords of their majesties privie Councell to nominat other persons to be Commissioners upon the death or not acceptance of any of the persons mentioned in the said Act And the saids Lords Considering that the persons follouing who by the said Act are nominat Commissioners uithin the shire of Stirling are deceased since the making therof viz The Earle of Callender The Lord Cardross Sir James Erskine of Alvae and Sir George Stirling of Gloret and that severall others of the Commissioners nominat in the said act Have not qualified themselves for the exercise of their saids offices and trust of Commissioners forsaids By suearing the oath of alleadgance to their Majesties and signing the assurance In the terms of the Acts of parliament and Councell Therfore the saids Lords of privie Councell Doe heirby nominat and appoint the persons follouing viz The Lord Forrester The now Lord Cardross The Laird of Bedlormie George Buchannan of Ballachrane Thomas Buchannan of Balquhan John Buchannan of Craigeverne Walter Buchannan of Balfuning John Mclauchlane of Auchintroick Duncan Buchannan of Herperstoune John Forrest of Pardivane David Forrester of Denovane John Cuthell of Stonieuood Ludovick Callender of Dorrater James Rankeine of Balmilzeor John Ross of Neuk Thomas Craufurd of Mannuallmylne John Campbell younger of Douan Robert Forrest in Bankhead Mr John Areskine present governor of the Castle of Stirling, and Robert Hay of Candie to be Commissioners of Supplie in the said shire of Stirling In place of these deceased or not accepting as said is And that for the effect above and in the said act and subsequent acts of parliament particularly mentioned And Gives and Grants to the Commissioners heirby nominat Commissioners as said is (so soon as they shall be qualified by suearing and signing the oath of alleadgance and signing the assurance to their majesties King William and Queen Mary in the terms of the act of parliament) The same pouer priviledge and Commissione which by the said act of parliament is granted to the persons therin named To be exercised alse fullie and freely In all respects as if they had been named in the said act of parliament and as any other Commissioners of supplie in any other shire uithin this kingdome Does or may Laufullie doe And the saids Lords Doe heirby authorize the persone who shall be Conveener of the Commissioners of Supplie in the said shire for the tyme or aither of them to administer the oath of alleadgance to the saids Commissioners heirby nominated as said is And to see them suear and subscribe the same and signe the assurance appointed by the2 Act of parliament And that at the first dyet of the Commissioners meeting after thir presents comes to their hands And appointes the saids Commissioners to report the said alleadgance soe suorne and assurance so signed to the Clerks of their Majesties privie Councell And that uithin the space of […] nixt after their meeting and administrating the said oath and assurance

0. NRS, PC1/49, 434.

1. NRS, PC1/49, 440-1.

2. Insertion.

0. NRS, PC1/49, 434.

1. NRS, PC1/49, 440-1.

2. Insertion.

Proclamation, 2 August 1694 (pm), Edinburgh

Att Edinburgh the second day of Agust Jaj vic nyntie four years. Eodem die post meridiem

A1694/8/61

Proclamation

Proclamation for the more easie stating and Inbringing of the pole money and for bringing in Lists of what is payed of the hearth money

William and Mary By the Grace of God King and Queen of Great Brittaine France and Ireland Defenders of the faith To […] Macers of our privie Councell messengers at arms our shirreffs in that part Conjunctlly and severallie speciallie Constitut Greeting Forasmuchas by the nynth act of the fourth session of this our Current parliament Imposing the polemoney The Lords of our privie Councell are Impoured to appoint such methods and Courses as they should Judge fitt for stating and Inbringing of the pole money aforsaid And to decyde and determine finallie all questions and difficulties undetermined by the said act that may arrise anent the polemoney therin specified Therfore we uith advyce of the Lords of our privie Councell For the more easie and speedy stating and Inbringing the aforsaid polemoney in the particular cases aftermentioned perremptorly requyre and Command all masters of families and householders to give up full and true Lists under their hand of their whole servants prentices and residenters uithin their families togither uith a particular and exact accompt of that years fee due and payable by them at the terme of mertimes nixt to Come And that they delyver in the Lists so subscribed by them to the Clerks of the Commissioners of Supplie who is heirby ordained to transmitt the same to the office of the polemoney at Edinburgh betuixt and the day Contained in the Act of parliament as they uill be ansuerable And ue uith advyce forsaid requyre and Command the saids masters and householders and others who shall be Lyable and due in any fees to their servants at the said terme of mertimes nixt to retaine in their oune hands the tuentieth part of the said years fee due to their domestick servants who are to remove out of their service at Mertimes nixt wher the said Fee is payable in money to be made furthcoming for the saids servants polemoney And further we uith advyce forsaid requyre and Command the Commissioners of supplie and magistrats of burghs uithin their severall Jurisdictions at their first meeting appointed by the forsaid act of parliament to make up a List of all the vacant Churches uithin their bounds and to designe and Condescend upon ane heretor Living uithin the said paroch Lyable in payment of more then tuelve pounds scotts of yearly stipend to the said kirk to be the persone who shall pay the tuelve pounds of polemoney wherin the said vacant kirk is Lyable and a recept therof from the Fermers of the polemoney shall be a sufficient exoneration to him of the stipend of the said kirk wherin he is Lyable pro tanto And ue uith advyce forsaid require and Command the Commissioners of our Supplie and magistrats uithin burghs to goe Dilligently about the making up of the Lists and stating the polemoney uithin their severall Jurisdictions Conforme to the act of parliament Heirby Impouring and authorizing them to Condescend upon and designe ane heretor above ane hundred pounds of valued rent at Least in each paroch wher no Commissioner Lives who being so designed and Certified therof by the tacksemen of the pole money their subtacksemen or Collectors we uith advyce forsaid require and Command to proceed and make up the Lists and state the polemoney uithin the said parish and report the Lists to the Clerk of the Commissioners of supplie who is to transmitt the same uith the Lists made up by the Commissioners of supplie themselves to the office of the polemoney Keeped at Edinburgh betuixt and the day appointed by the forsaid act of parliament and the severall Commissioners themselves to make up the Lists of the severall parishes uithin which they duell and transmitt the same in manner forsaid And ue uith advyce forsaid allow poynding of the persons `lyable to polemoney Conform to their severall proportions uithin the burgh of Edinburgh and other royall burghs uithin this our antient kingdome according to the Customs used uithin the severall burghs in exacting and uplifting what falls under their stent rolls and for the better Ingathering of the said pole money and for preventing tumults and disorders or any opposition that may be made in putting the Law in executione for the said polemoney we uith advyce forsaid require and Command the officers of our forces to furnish small parties to the tacksemen of the said polemoney their subtacksemen or Collectors according as they shall be desyred by them in the shires wher the forces Ly to give assistance and Concurrence to them in the executione appointed by Law for Ingathering the polemoney but noe uayes to be Imployed in quartering upon any persone for the same And seing the prosecution of the forsaid act of parliament and this present proclamatione may be a fitt occasion to take up Lists of what is payed or resting of the hearth money Imposed by act of parliament Jaj vic nyntie years Therfore we uith advyce forsaid Requyre and Command the Commissioners of supplie uithin the severall paroches wher they duell and the heretors designed for making up the Lists of the polemoney uithin the paroches wher they duell to make up true and full Lists of all soumes of money payed by any of our Leidges for the hearth money wherin they uere Lyable at the terme of Candlemes Jaj vic nyntie one years by vertue of the act of parliament made theranent And presently to transmitt the same to the Clerks of the Commissioners of supplie who are heirby requyred to transmitt them to the Clerks of our thesaury and Exchequer betuixt and the first day of october nixt to come Our will is heirfore and ue Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and to the mercat Crosses of the remanent head burghs of the whole shires of this kingdome and ther in our name and authoritie make Intimatione of the premisses that none pretend ignorance Given under our signet at Edinburgh the second day of agust and of our reigne the sixth year 1694 sic subscribitur Tueeddale cancel: Southerland2 Cassills Tarbat Stair Carmichaell Poluarth Adam Cockburn Rober Sinclair

Att Edinburgh the second day of Agust Jaj vic nyntie four years. Eodem die post meridiem

A1694/8/61

Proclamation

proclamation for the more easie stating and Inbringing of the pole money and for bringing in Lists of what is payed of the hearth money

William and Mary By the Grace of God King and Queen of Great Brittaine France and Ireland Defenders of the faith To […] Macers of our privie Councell messengers at arms our shirreffs in that part Conjunctlly and severallie speciallie Constitut Greeting Forasmuchas by the nynth act of the fourth session of this our Current parliament Imposing the polemoney The Lords of our privie Councell are Impoured to appoint such methods and Courses as they should Judge fitt for stating and Inbringing of the pole money aforsaid And to decyde and determine finallie all questions and difficulties undetermined by the said act that may arrise anent the polemoney therin specified Therfore we uith advyce of the Lords of our privie Councell For the more easie and speedy stating and Inbringing the aforsaid polemoney in the particular cases aftermentioned perremptorly requyre and Command all masters of families and householders to give up full and true Lists under their hand of their whole servants prentices and residenters uithin their families togither uith a particular and exact accompt of that years fee due and payable by them at the terme of mertimes nixt to Come And that they delyver in the Lists so subscribed by them to the Clerks of the Commissioners of Supplie who is heirby ordained to transmitt the same to the office of the polemoney at Edinburgh betuixt and the day Contained in the Act of parliament as they uill be ansuerable And ue uith advyce forsaid requyre and Command the saids masters and householders and others who shall be Lyable and due in any fees to their servants at the said terme of mertimes nixt to retaine in their oune hands the tuentieth part of the said years fee due to their domestick servants who are to remove out of their service at Mertimes nixt wher the said Fee is payable in money to be made furthcoming for the saids servants polemoney And further we uith advyce forsaid requyre and Command the Commissioners of supplie and magistrats of burghs uithin their severall Jurisdictions at their first meeting appointed by the forsaid act of parliament to make up a List of all the vacant Churches uithin their bounds and to designe and Condescend upon ane heretor Living uithin the said paroch Lyable in payment of more then tuelve pounds scotts of yearly stipend to the said kirk to be the persone who shall pay the tuelve pounds of polemoney wherin the said vacant kirk is Lyable and a recept therof from the Fermers of the polemoney shall be a sufficient exoneration to him of the stipend of the said kirk wherin he is Lyable pro tanto And ue uith advyce forsaid require and Command the Commissioners of our Supplie and magistrats uithin burghs to goe Dilligently about the making up of the Lists and stating the polemoney uithin their severall Jurisdictions Conforme to the act of parliament Heirby Impouring and authorizing them to Condescend upon and designe ane heretor above ane hundred pounds of valued rent at Least in each paroch wher no Commissioner Lives who being so designed and Certified therof by the tacksemen of the pole money their subtacksemen or Collectors we uith advyce forsaid require and Command to proceed and make up the Lists and state the polemoney uithin the said parish and report the Lists to the Clerk of the Commissioners of supplie who is to transmitt the same uith the Lists made up by the Commissioners of supplie themselves to the office of the polemoney Keeped at Edinburgh betuixt and the day appointed by the forsaid act of parliament and the severall Commissioners themselves to make up the Lists of the severall parishes uithin which they duell and transmitt the same in manner forsaid And ue uith advyce forsaid allow poynding of the persons `lyable to polemoney Conform to their severall proportions uithin the burgh of Edinburgh and other royall burghs uithin this our antient kingdome according to the Customs used uithin the severall burghs in exacting and uplifting what falls under their stent rolls and for the better Ingathering of the said pole money and for preventing tumults and disorders or any opposition that may be made in putting the Law in executione for the said polemoney we uith advyce forsaid require and Command the officers of our forces to furnish small parties to the tacksemen of the said polemoney their subtacksemen or Collectors according as they shall be desyred by them in the shires wher the forces Ly to give assistance and Concurrence to them in the executione appointed by Law for Ingathering the polemoney but noe uayes to be Imployed in quartering upon any persone for the same And seing the prosecution of the forsaid act of parliament and this present proclamatione may be a fitt occasion to take up Lists of what is payed or resting of the hearth money Imposed by act of parliament Jaj vic nyntie years Therfore we uith advyce forsaid Requyre and Command the Commissioners of supplie uithin the severall paroches wher they duell and the heretors designed for making up the Lists of the polemoney uithin the paroches wher they duell to make up true and full Lists of all soumes of money payed by any of our Leidges for the hearth money wherin they uere Lyable at the terme of Candlemes Jaj vic nyntie one years by vertue of the act of parliament made theranent And presently to transmitt the same to the Clerks of the Commissioners of supplie who are heirby requyred to transmitt them to the Clerks of our thesaury and Exchequer betuixt and the first day of october nixt to come Our will is heirfore and ue Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and to the mercat Crosses of the remanent head burghs of the whole shires of this kingdome and ther in our name and authoritie make Intimatione of the premisses that none pretend ignorance Given under our signet at Edinburgh the second day of agust and of our reigne the sixth year 1694 sic subscribitur Tueeddale cancel: Southerland2 Cassills Tarbat Stair Carmichaell Poluarth Adam Cockburn Rober Sinclair

0. NRS, PC1/49, 434.

1. NRS, PC1/49, 437-9.

2. Insertion.

0. NRS, PC1/49, 434.

1. NRS, PC1/49, 437-9.

2. Insertion.

Proclamation, 2 August 1694 (pm), Edinburgh

Att Edinburgh the second day of Agust Jaj vic nyntie four years. Eodem die post meridiem1

A1694/8/52

Proclamation

Proclamation for making up deficient men in the Last Levys

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

Att Edinburgh the second day of Agust Jaj vic nyntie four years. Eodem die post meridiem1

A1694/8/52

Proclamation

proclamation for making up deficient men in the Last Levys

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

1. NRS, PC1/49, 434.

2. NRS, PC1/49, 434-7.

1. NRS, PC1/49, 434.

2. NRS, PC1/49, 434-7.