Att Edinburgh The Eight day of February Jaj vic nyntie four years
A1694/2/14
A1694/2/14
Order
Instructiones from the Councell to the Commissioners of Supply Anent the New Levys and other ordors of Councell anent the same
primo yow are carefully to observe and putt in executione what is ordored concerning the Levys by the proclamatione of Councell of the date the tuenty seventh day of december Jaj vic nyntie thrie yeers
2o/ yow are moreover furthuith to make exact Lists of the Heretors and Lands lyable in the Levy according to your former appoyntment That so it may be perfectly knouen who are lyable
3tio/ In caise that any are putt out by fractiones And that they Cannot Aggrie who shall furnish the body of the man yow shall ordor the fractiones to meet at a Certaine day and place and ther determine it by ane equall Lott effeirand to their respective Numbers of men the quantaties of their respective valuationes as the use is in your shyre so that every Lotter Is to have as many Lotts as he hath Numbers of men or quantaties of valued rent that fall each to have one Lott And in case any of the saids fractiones shall not meet or shall refuise to Lott yow are heirby authorized to appoynte such as yow shall think fitt to meet and Lott for them
4o/ In case any persone who is lyable to putt out a man one or more in the Levy as his oune proportione or in case the persone upon whom the Lott shall fall to putt out a man for himself and his fractione shall failzie in furnishing the man whom they shall be obleidged to putt out as said is or in caise the man furnished shall be found insufficient then and in aither of these caises The tennents and possessors of the Ground of the Lands of the saids persones who should have putt out the man shall be lyable And yow are heirby authorized to decerne him in the fyne of tuo Hundreth merks scotts for each man Ih they shall faillzie to putt out or who being putt out shall be found insufficient as said is which soume and paine is to be decerned and uplifted by summar poynding and otherwayes according to the methods and in the same manner as the paines for absence or deficiency in the Militia are ordained to be decerned and uplifted by the Act Jaj vic sixtie nyne years Concerning the Militia And of which sums and paines the one half is to be Imployed be yow for such publict uses as yow shall think fitt uithin the shyre and the other half is to remaine in the hands of the Collector of the shyre or your Clerk who or aither of them are heirby appoynted to uplift the saids fynes as yow shall think fitt
5o/ And for the more easie determining the sufficiency or Insufficiency of the men to be putt out in this present Levy yow are to take care that the men to be putt out be all of the Age betuixt sixtie and sixteen years and whole of Limb and Lith And to all outuard appearance able to march and serve as souldiers
6o/ In case any debate shall arryse Anent the men to be putt out in the new Levy And that it be alleadged and found proven that any of the men to be putt out are deserters from any of their Majesties standing forces at home or abroad yow are to determine the man to belong to the persone who putts him out in the new Levy albeit he be found a deserter And the Councell Have Recommended to Sir Thomas Livingstoune Commander in cheiff of their Majesties forces uithin this kingdome to Acquant the officers of the standing forces that they may quyte their pretences to such men
7o/ In case a man shall Ingadge uith more persones then one or receave arles from them to goe out in the present Levy yow are to determine the man so Engadging or receaving arles to belong to the persone whom he first Ingadged uith or receaved arles from unless the Heretor of the Ground upon or the cheiff magistrat of the burgh uithin which the man Ingadged or arled duells shall before yow declare that he Intends to putt out that man for himself and obleidge himself to putt him out accordingly In which case he is to belong to the said Heretor or Burgh
8o/ yow are to have your proportiones of the whole Levys both of shyres and burghs uithin the same ready and in good case to be delyvered to the officers who shall be sent by the ordor of the Councill or of the said Sir Thomas Livingstoune to receave them uithin the respective shyres at the head burghs therof upon the dayes follouing viz The proportiones for the shyres of Drumfreis Wigtoune Kirkcudbright Air and Renfrew Forfar Argyll Dumbartoune and Bute Kincairden uithout Marshalls part of Aberdeen the Earle of Errolls part of Aberdeen and Banff shire Elgine Nairne and this syde of Ness The Earle of Seaforth and Lord Lovatts divisione of Inverness and the rest of Invernes and Marshalls part of Aberdeen upon the first day of march nixt to Come And the shyres of Southerland and Caithnes Ross Orkney and Zetland upon the Eight day of the said month
The Lords of their Majesties privy Councell Doe Heirby Recommend to Sir Thomas Livingstoune Commander in cheiff of their Majesties forces uithin this kingdome Immediatly to dispatch and send the officers of the tuo regiments of the new Levys who are to remaine uithin this Kingdome to the shyres and bounds follouing to receave from them at the head burghs of the severall shyres upon the dayes appoynted by the above Instructiones And to bring to the places which shall be appoynted by the Councill or Commander in cheiff the proportions after and in the Act of parliament mentioned viz The officers of Collonell Hamilton his Regiment to Drumfreis for ii9 men to Wigtoune for 45 Men to Kirkcudbright for 75 men to Air and Renfrew for i98 men to Forfar for i49 men to Argyll Dumbartoune and Bute for ii9 men to Kincairden uithout Marshalls part of Aberdeen for 45 men Extending all the men to be receaved and brought togither by the officers of Collonell Hamilton his regiment to 750 men
Item the officers of Collonell Mckays regiment to Errolls pairt of Aberdeen and to Banff shyre for i59 men To Elgine Nairne and this syde of Ness for i49 men to the Earle of Seaforth and Lord Lovats divisione of Inverness for 100 men To Southerland Caithness and the rest of Inverness for 159 men to Orkney and Zetland for i00 men and to Marshalls part of Aberdeen for 74 men Extending all the men to be receaved and brought togither by the officers of Collonell Mckay his regiment to 74i men
And Lykewayes Recommends to the said Sir Thomas Livingstoune to send pairties of their Majesties troopes of horse or dragoones uith the officers that are Immediatly to Goe to the northerne and uestern shyres for receaving their proportiones of the Levies to Convoy these Levies from the places they shall be receaved att to the places at which they shall be appoynted to have their Generall Rendivouz And the saids Lords of privie Councell doe Heirby requyre the shirreffs of shyres and their deputes and other Magistrats uithin this kingdome to Give all Incouradgement and assistance to any officers who shall be Commissionate to receave and Conduct the Levies uithin their bounds And to the troopes or parties which these officers shall bring alongst uith them for safe conducting of the saids Levies in case it be needfull and that the officers requyre the same And appoyntes the steuart principall of Orkney and Zetland and his deputes when the officers who shall be appoynted doe Come to receave the proportione of the Levie to be putt out by the said steuartry at the said Eight day of March nixt To Cause transport the men to be Levied in the saids bounds from the places they shall be delyvered at to the toune of Frasersburgh and furnish transport shipps and men uith due provisiones for a Guaird to the saids Levies till they be safely landed and delyvered at Frasersburgh and that upon their Majesties expensses
The Lords of their Majesties privie Councell ordaines the above Instructiones and ordors of Councell to be printed and published at the mercat Cross of Edinburgh And appoyntes Sir James Ogilvie of Churchhill their Majesties Sollicitor uith all expeditione to dispatch away printed Coppies therof by expresses to the shirreffs and their deputes and the Clerks to the Commissioners of supply within the severall shyres who are Heirby appoynted to Intimat the same to the saids Commissioners that Immediatly a meeting may be appoynted by them therupon And the premisses published through the respective shyres That all persones concerned may have tymous Intimatione therof sic subscribitur Tweeddale cancel: Southerland Linlithgow Forfar Kintoir Tarbat Raith Beilhaven William Master of Forbess James Steuart
At Edinburgh 8 February 1694
A1694/2/14
Order
Instructions from the council to the commissioners of supply concerning the new levies and other orders of council concerning the same
First, you are carefully to observe and put in execution what is ordered concerning the levies by the proclamation of council of the date 27 December 1693
Second, you are moreover forthwith to make exact lists of the heritors and lands liable in the levy according to your former appointment that so it may be perfectly known who are liable
Third, in case that any are put out by fractions and that they cannot agree who shall furnish the body of the man, you shall order the fractions to meet at a certain day and place and there determine it by an equal lot according to their respective numbers of men, the quantities of their respective valuations as the use is in your shire so that every lotter is to have as many lots as he has numbers of men or quantities of valued rent that fall each to have one lot, and in case any of the said fractions shall not meet or shall refuse to lot, you are hereby authorised to appoint such as you shall think fit to meet and lot for them
Fourth, in case any person who is liable to put out a man one or more in the levy as his own proportion, or in case the person upon whom the lot shall fall to put out a man for himself and his fraction, shall fail in furnishing the man whom they shall be obliged to put out as said is, or in case the man furnished shall be found insufficient, then and in either of these cases the tenants and possessors of the ground of the lands of the said persons who should have put out the man shall be liable, and you are hereby authorised to discern him in the fine of 200 merks Scots for each man they shall fail to putt out or who being put out shall be found insufficient as said is, which sum and pain is to be discerned and uplifted by summary poinding and otherwise according to the methods and in the same manner as the pains for absence or deficiency in the militia are ordained to be discerned and uplifted by the act 1669 concerning the militia, and of which sums and pains the one half is to be employed by you for such public uses as you shall think fit within the shire, and the other half is to remain in the hands of the collector of the shire or your clerk who or either of them are hereby appointed to uplift the said fines as you shall think fit
Fifth, and for the more easy determining the sufficiency or insufficiency of the men to be put out in this present levy, you are to take care that the men to be put out be all of the age between 60 and 16 years and whole of limb, and to all outward appearance able to march and serve as soldiers
Sixth, in case any debate shall arise concerning the men to be put out in the new levy, and that it be alleged and found proven that any of the men to be put out are deserters from any of their majesties’ standing forces at home or abroad, you are to determine the man to belong to the person who puts him out in the new levy, albeit he be found a deserter, and the council have recommended to Sir Thomas Livingstone, commander in chief of their majesties’ forces within this kingdom, to acquaint the officers of the standing forces that they may quit their pretences to such men
Seventh, in case a man shall engage with more persons than one or receive payment from them to go out in the present levy, you are to determine the man so engaging or receiving payment to belong to the person whom he first engaged with or received payment from, unless the heritor of the ground upon or the chief magistrate of the burgh within which the man engaged or paid dwells shall before you declare that he intends to put out that man for himself and oblige himself to put him out accordingly, in which case he is to belong to the said heritor or burgh
Eighth, you are to have your proportions of the whole levies both of shires and burghs within the same ready and in good case to be delivered to the officers who shall be sent by the order of the council or of the said Sir Thomas Livingstone to receive them within the respective shires at the head burghs thereof upon the days following viz the proportions for the shires of Dumfries, Wigtown, Kirkcudbright, Ayr and Renfrew, Forfar, Argyll, Dumbarton and Bute, Kincardine without [the Earl] Marischal’s part of Aberdeen, the earl of Erroll’s part of Aberdeen and Banffshire, Elgin, Nairn and this side of Ness, the earl of Seaforth and Lord Lovat’s division of Inverness, and the rest of Inverness and [the Earl] Marischal’s part of Aberdeen upon 1 March next to come, and the shires of Sutherland and Caithness, Ross, Orkney, and Shetland upon 8 March.
The lord of their majesties’ privy council do hereby recommend to Sir Thomas Livingstone, commander in chief of their majesties’ forces within this kingdom, immediately to dispatch and send the officers of the two regiments of the new levies who are to remain within this kingdom to the shires and bounds following to receive from them at the head burghs of the several shires upon the days appointed by the above instructions, and to bring to the places which shall be appointed by the council or commander in chief the proportions after and in the act of parliament mentioned viz the officers of Colonel Hamilton his regiment to Dumfries for 119 men, to Wigtown for 45 men, to Kirkcudbright for 75 men, to Ayr and Renfrew for 198 men, to Forfar for 149 men, to Argyll, Dumbarton, and Bute for 119 men, to Kincardine without [the Earl] Marischal’s part of Aberdeen for 45 men, extending all the men to be received and brought together by the officers of Colonel Hamilton his regiment to 750 men.
Item the officers of Colonel Mackay’s regiment to [the earl of] Erroll’s part of Aberdeen and to Banffshire for 159 men, to Elgin, Nairn, and this side of Ness for 149 men, to the earl of Seaforth and Lord Lovat’s division of Inverness for 100 men, to Sutherland, Caithness and the rest of Inverness for 159 men, to Orkney and Shetland for 100 men, and to [the Earl] Marischal’s part of Aberdeen for 74 men, extending all the men to be received and brought together by the officers of Colonel Mackay his regiment to 741 men.
And likewise recommend to the said Sir Thomas Livingstone to send parties of their majesties’ troops of horse or dragoons with the officers that are immediately to go to the northern and western shires for receiving their proportions of the levies to convoy these levies from the places they shall be received at to the places at which they shall be appointed to have their general rendezvous, And the said lords of privy council doe hereby require the sheriffs of shires and their deputes and other magistrates within this kingdom to give all encouragement and assistance to any officers who shall be commissioned to receive and conduct the levies within their bounds, and to the troops or parties which these officers shall bring along with them for safe conducting of the said levies in case it be necessary and that the officers require the same, and appoint the steward principal of Orkney and Shetland and his deputes when the officers who shall be appointed do come to receive the proportion of the levy to be put out by the said stewartry at the said 8 March next to cause transport the men to be levied in the said bounds from the places they shall be delivered at to the town of Fraserburgh and furnish transport ships and men with due provisions for a guard to the said levies until they be safely landed and delivered at Fraserburgh, and that upon their majesties’ expenses.
The lord of their majesties’ privy council ordain the above instructions and orders of council to be printed and published at the mercat cross of Edinburgh, and appoint Sir James Ogilvie of Churchill, their majesties’ solicitor, with all expedition to dispatch away printed copies thereof by express to the sheriffs and their deputes and the clerks, to the commissioners of supply within the several shires who are hereby appointed to intimate the same to the said commissioners that immediately a meeting may be appointed by them thereupon, and the premises published through the respective shires that all persons concerned may have timeous intimation thereof sic subscribitur Tweeddale chancellor; Sutherland; Linlithgow; Forfar; Kintore; Tarbat; Raith; Belhaven; William, master of Forbes; James Stewart.
