Att Edinburgh the Tuentie third day of January Jaj vic nyntie four years
A1694/1/37
A1694/1/37
Act
Act Uilliam Uallace messenger
Anent the petitione Given in to the Lords of their Majesties privy Councell Be William Wallace messenger in Montross Sheuing That quher the petitioner as ane messenger be vertue of the Act and proclamatione emitted in September Jaj vic Eightie nyne years Requyring all persones of publict trust to take the oath of alleadgance before the persones therinmentioned Commissionat for that effect betuixt and ane perramptor day therincontained In obedience to which proclamatione the petitioner did take the oath of alleadgance in the statione of ane Messenger and that before James Mudie Baillie in Montross Commissioner to their Majesties parliament as ane testificat therof produced under his hand did sufficiently testifie And farder the petitioner in obedience to ane other Act of the Currant parliament anno Jaj vic nyntie one Requyring persones in publict trust to subscribe the assurance before the shirreffs of the respective shires and such others as were therin nominat be the saids Lords for that effect The petitioner did most uillingly and readily doe the same before the shirreff of Forfar as ane testificat under the hand of Mr John Lyon shirreff clark did testifie And therfore the petitioner did Humbly Conceave that he had fullfilled the uill of both Acts And that by the late Act of parliament Requyring all persones therincontained to take the oath of alleadgance and subscribe the assurance The same did not reach him seing it specially declares that such who have before taken the same and the assurance were not then againe obleidged to take the said oath and assurance in the same Cappacity they formerly took it And so it was the petitioner took the same as a Messenger and still Continoued in the same statione And yet for the more punctuall obedience to the Law The petitioner was Inclyned and on his Journey coming to Edinburgh at the dyet appoynted to attend the Lyon to advyse if it were necessar for him againe to take the saids oaths before the Lyon Court And the petitioner being the only trustie man of his Calling uithin the shyres of Aberdeen Mairns and Angus He was taken by the way by John Lundie younger of Balldastard subtackseman of the Bishops rents of these three shyres And for ane months tyme keeped him for Ingathering charging poynding and apprehending these persones disobedient and deficient In payment of their proportions for Ingathering the same for their Majesties behoofe And therfore Considering the petitioners Circumstances and that the same are very favourable And therfore Supplicating to the effect underwryten as the said petitione Bears The Lords of their Majesties privy Councell Having Considered the forsaid petitione given in to them Be the above William Wallace uith the testificats mentioned therin and produced therwith They doe Heirby appoynte the petitioner yet to take and suear the oath of alleadgance and signe the assurance before any of the baillies of Montross Upon doing quherof they heirby declare the petitioner for the tyme past to have been and for the tyme coming to be Capable of the full and free exercise of his office of a messenger as if he had taken both the oath of alleadgance and assurance Before the Lord Lyon since the late Act of parliament and in the termes therof seing that he was necessarly called away when he was coming to Edinburgh to take them after making of the Act of parliament The petitioner alwayes transmitting the said oath of alleadgance and assurance so suorne and signed by the said Baillie himself to the Clarks of privy Councell uithin the space of tuenty dayes after the date heirof
At Edinburgh 23 January 1694
A1694/1/37
Act
Act William Wallace messenger
Concerning the petition given in to the lords of their majesties’ privy council by William Wallace, messenger in Montrose, showing that where the petitioner as a messenger be virtue of the act and proclamation emitted in September 1689 requiring all persons of public trust to take the oath of allegiance before the persons therein mentioned commissioned for that effect between [then] and a peremptory day therein contained, in obedience to which proclamation the petitioner did take the oath of allegiance in the station of a messenger, and that before James Mudie, bailie in Montrose, commissioner to their majesties’ parliament, as a testimony thereof produced under his hand did sufficiently testify. And further, the petitioner in obedience to another act of the currant parliament 1691 requiring persons in public trust to subscribe the assurance before the sheriffs of the respective shires and such others as were therein nominated by the said lords for that effect, the petitioner did most willingly and readily do the same before the sheriff of Forfar, as a testimony under the hand of Mr John Lyon, sheriff clerk did testify, and therefore the petitioner did humbly conceive that he had fulfilled the will of both acts. And that by the late act of parliament requiring all persons therein contained to take the oath of allegiance and subscribe the assurance, the same did not reach him, seeing it specially declares that such who have before taken the same and the assurance were not then again obliged to take the said oath and assurance in the same capacity they formerly took it, and so it was the petitioner took the same as a messenger and still continued in the same station. And yet for the more punctual obedience to the law, the petitioner was inclined and on his journey coming to Edinburgh at the diet appointed to attend the lyon to advise if it were necessary for him again to take the said oaths before the lyon court, and the petitioner being the only trusty man of his calling within the shires of Aberdeen, Mairns [Kincardine], and Angus, he was taken by the way by John Lundie, younger of Baldastard sub-tacksman of the bishop’s rents of these three shires, and for a month’s time kept him for ingathering, charging, poinding, and apprehending those persons disobedient and deficient in payment of their proportions for ingathering the same for their majesties’ behove. And therefore considering the petitioner’s circumstances and that the same are very favourable and therefore supplicating to the effect underwritten as the said petition bears. The lords of their majesties’ privy council having considered the foresaid petition given in to them by the above William Wallace, with the testimonials mentioned therein and produced therewith, they do hereby appoint the petitioner yet to take and swear the oath of allegiance and sign the assurance before any of the bailies of Montrose, upon doing whereof they hereby declare the petitioner for the time past to have been and for the time coming to be capable of the full and free exercise of his office of a messenger as if he had taken both the oath of allegiance and assurance before the lord lyon since the late act of parliament and in the terms thereof, seeing that he was necessarily called away when he was coming to Edinburgh to take them after making of the act of parliament, the petitioner always transmitting the said oath of allegiance and assurance so sworn and signed by the said bailie himself to the clerks of privy council within the space of 20 days after the date hereof.
