Tag Archives: April

Procedure: committee formed, 10 April 1696, Edinburgh

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Att Edinburgh the Tenth Day of Aprile Jaj vic nyntie Six yeirs Antemeridiem

D1696/4/181

Procedure: committee formed

Comittie anent prest men

The Counsell Doe heirby appoint any two of ther Lordships number to be a comittie for considering and Determining any complaints to be given in to them by persones alleadged prest or wrongouslie putt out to be of the present Levy given to his majestie be act of parliament for this yeir As is alreadie appointed anent souldiers and deserters

Att Edinburgh the Tenth Day of Aprile Jaj vic nyntie Six yeirs Antemeridiem

D1696/4/181

Procedure: committee formed

Comittie anent prest men

The Counsell Doe heirby appoint any two of ther Lordships number to be a comittie for considering and Determining any complaints to be given in to them by persones alleadged prest or wrongouslie putt out to be of the present Levy given to his majestie be act of parliament for this yeir As is alreadie appointed anent souldiers and deserters

1. NRS, PC2/26, 165r.

1. NRS, PC2/26, 165r.

Act, 10 April 1696, Edinburgh

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Att Edinburgh the Tenth Day of Aprile Jaj vic nyntie Six yeirs Antemeridiem

D1696/4/171

Act

Act Mcdonald of Sleit and others

Anent the petitione given in to the Lords of his majesties privie Counsell be Sir Donald Mcdonald of Sleite and Rore McLeod of that ilk for themselvs and the other heretors and ther tenents and inhabitants of the Iselands of Sky Wist and pairt of the Long Island and thier other Islands and Lands within the Shyre of Innvernes Shewing that wher by reasone of ther great distances and dispersed Sitwatione and the winter season that makes ther bownds So Litle accessible they had not the intimationes towching ther pole aither for makeing Lists or payments within the dayes prescribed nor for a great while efter nor have the collectors appointed for ther bownds to this Day gone through the Same Conforme to the Saids Lords proclamatione wherby It is evident that the petitioners might plead excuse and Defences in Law for purgeing of the faillzie Yet being raither uilling to Shew ther readines to serve the government in the payment of what is imposed imposed2 upon them and obey all orders theranent They humbly represent to the saids Lords that they are most willing to make up ther Lists and pay ther pole Conforme to the act of parliament and proclamationes of Counsell therupon And such orders as the petitioners aither have receaved or shall receave from the collector of the Shyre appointed for that effect And Doe only crave that they may have a competent tyme viz to the first of Jullie to bring in ther saids payments It being well knowen that untill the moneth of Aprile and fair Sumer weather ther is no Safe access to most of ther Islands And therfor Humbly craveing to the effect eftermentioned As the said petitione bears Which being this day read and Considered be the Saids Lords of privie Counsell They Doe heirby allow and assigne the fifetein day of Jwne next to come peremptorie to the petitioners for makeing uplifts and makeing payment of ther pole And in caice they make payment of ther pole peremptorly at the foirsaid Day Then declairs frie of the penalties and certificationes contained in the act of parliament and acts and proclamationes of Counsell made anent the pole money But if they faillzea declaires the penalties and certificationes to be incurred And appoints them to be uplifted and exacted accordingly

Att Edinburgh the Tenth Day of Aprile Jaj vic nyntie Six yeirs Antemeridiem

D1696/4/171

Act

Act Mcdonald of Sleit and others

Anent the petitione given in to the Lords of his majesties privie Counsell be Sir Donald Mcdonald of Sleite and Rore McLeod of that ilk for themselvs and the other heretors and ther tenents and inhabitants of the Iselands of Sky Wist and pairt of the Long Island and thier other Islands and Lands within the Shyre of Innvernes Shewing that wher by reasone of ther great distances and dispersed Sitwatione and the winter season that makes ther bownds So Litle accessible they had not the intimationes towching ther pole aither for makeing Lists or payments within the dayes prescribed nor for a great while efter nor have the collectors appointed for ther bownds to this Day gone through the Same Conforme to the Saids Lords proclamatione wherby It is evident that the petitioners might plead excuse and Defences in Law for purgeing of the faillzie Yet being raither uilling to Shew ther readines to serve the government in the payment of what is imposed imposed2 upon them and obey all orders theranent They humbly represent to the saids Lords that they are most willing to make up ther Lists and pay ther pole Conforme to the act of parliament and proclamationes of Counsell therupon And such orders as the petitioners aither have receaved or shall receave from the collector of the Shyre appointed for that effect And Doe only crave that they may have a competent tyme viz to the first of Jullie to bring in ther saids payments It being well knowen that untill the moneth of Aprile and fair Sumer weather ther is no Safe access to most of ther Islands And therfor Humbly craveing to the effect eftermentioned As the said petitione bears Which being this day read and Considered be the Saids Lords of privie Counsell They Doe heirby allow and assigne the fifetein day of Jwne next to come peremptorie to the petitioners for makeing uplifts and makeing payment of ther pole And in caice they make payment of ther pole peremptorly at the foirsaid Day Then declairs frie of the penalties and certificationes contained in the act of parliament and acts and proclamationes of Counsell made anent the pole money But if they faillzea declaires the penalties and certificationes to be incurred And appoints them to be uplifted and exacted accordingly

1. NRS, PC2/26, 164r-165r.

2. Sic.

1. NRS, PC2/26, 164r-165r.

2. Sic.

Sederunt, 10 April 1696, Edinburgh

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Att Edinburgh the Tenth Day of Aprile Jaj vic nyntie Six yeirs Antemeridiem1

D1696/4/162

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argwyle; Earl of Southerland; Earl of Mortoune; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Murray; Lord Yester; Lord Carmichael; Lord Advocat; Lord Justice Clerk; Lord Fowntainhall; Lord Anstruther; Laird of Grant; Laird of Blackbarrony; Laird of Stevensone; Laird of Pollock; Sir Thomas Livingstone; Laird of Cessnock; Proveist of Edinburgh

Att Edinburgh the Tenth Day of Aprile Jaj vic nyntie Six yeirs Antemeridiem1

D1696/4/162

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argwyle; Earl of Southerland; Earl of Mortoune; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Murray; Lord Yester; Lord Carmichael; Lord Advocat; Lord Justice Clerk; Lord Fowntainhall; Lord Anstruther; Laird of Grant; Laird of Blackbarrony; Laird of Stevensone; Laird of Pollock; Sir Thomas Livingstone; Laird of Cessnock; Proveist of Edinburgh

1. NRS, PC2/26, 164r.

2. NRS, PC2/26, 164r.

1. NRS, PC2/26, 164r.

2. NRS, PC2/26, 164r.

Act, 9 April 1696, Edinburgh

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Att Edinburgh the nynth Day of Aprile Jaj vic nyntie six years Antemeridiem

D1696/4/151

Act

Act dischargeing Councellors to be taken Cautioners

The Lords of his majesties privie Counsell Doe heirby expressly prohibite and discharge ther clerks to accept or receave any ane or more of ther Lordships number to be Cawtioners or become bail for any persone or persones whatsoever whom the Counsell Shall appoint to find cautione or putt under Baile And declairs that this Shall be to the Clerks a sufficient warrand to refwse privie Counsellers when they Shall be offered cawtioners

Att Edinburgh the nynth Day of Aprile Jaj vic nyntie six years Antemeridiem

D1696/4/151

Act

Act dischargeing Councellors to be taken Cautioners

The Lords of his majesties privie Counsell Doe heirby expressly prohibite and discharge ther clerks to accept or receave any ane or more of ther Lordships number to be Cawtioners or become bail for any persone or persones whatsoever whom the Counsell Shall appoint to find cautione or putt under Baile And declairs that this Shall be to the Clerks a sufficient warrand to refwse privie Counsellers when they Shall be offered cawtioners

1. NRS, PC2/26, 164r.

1. NRS, PC2/26, 164r.

Act, 9 April 1696, Edinburgh

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Att Edinburgh the nynth Day of Aprile Jaj vic nyntie six years Antemeridiem

D1696/4/141

Act

Act Alexander Wright and James Nimo merchands

Anent The petitione given in to The Lords of his majesties privie Counsell be Alexander Wright and James Nimmo merchands in Edinburgh Shewing That wher the petitioners haveing given in to the mint Lignets of Silver of about eight Stone weight befor the saids Lords Last order of Counsell appointing the merchands who had any pairt of the ane hundereth and sixtie stone of bullione then lying in the mint to pay twentie pund per stone for the coynadge therof in the termes specified in the said act And that the saids petitioners were most readie to have given all obedience to the foirsaid act of Counsell And therupon expected the Like weight of Current money to have bein given out to them within twentie dayes efter the saids Lords ordinance Conforme to the twentie fourth act parliament Jaj vic and eightie six But hitherto they have bein postponed without receaveing a farthing to great Loss and prejudice As also the petitioners crave Leave in all humilitie to represent that all merchants and others whatsomever being warranted and incouraged by the foirsaid act of parliament to import and give in what qwantities of bullion they could to the mynt for passing his majesties Irons They Accordingly have imported about twelve Stone weight of bullione consisting of broken and burnt Silver chist and light money and offered the Same to the maister of the mint for passing his majesties Irons in the termes of the foirsaid act of parliament Nowayes apprehending that the saids Lords by ther former ordinance intended a totall Stopp to this kingdome estaiblished by the forsaid act of parliament past that ordinance for ane expedient to releive the maister of the Mint of that Ane hundereth and sixtie Stone of bullion wherwith he was then overcharged But that in all tyme therefter merchands might be at Libertie to give in and the maister of the mint be obleidged to receave what bullione Should be offered to him and to give out current money in the value therof Conforme to the said act of parliament It never haveing bein aither the saids Lords intentione nor the meaneing of the foirsaid act aither to Shutt up the mint or that the officers therof Should have sellaries for nothing without carieing on the frie coynadge for the service of the Leidges Conforme to the Lawes made theranent And therfore humbly craveing the saids Lords to ordaine the maister of the mint to give out current money to the petitioners for the said eight stone of bullione given in by them befor the saids Lords ther Last ordinance upon ther payment of the twentie pund per stone of coynage And being assigned for ther releiffe in the termes of the said act And Likewayes to ordaine the maister of the mint to receave in the twelve stone of bullione they now offer him and pass the same wnder his majesties Irons And give the petitioners out the value therof in the termes of the frie coynage appointed by the foirsaid act of parliament or upon ther payment of the twentie pund per stone of coynage they being assigned for ther releife in maner foirsaid Or otherwayes grant warrand and allowance to them to transport the Samen furth of the kingdome without being troubled therfor any maner of way As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell They heirby ordaine the maister of the mint to coyne the foregoeing eight Stones of bullione given in by the petitioners And Likewayes to receave in the above twelve Stone of bullion and to coyn all the said bullione in twentie Shilling ten Shilling and five Shilling peices be equall portiones being a third pairt to each of the saids thrie species And authorizes and appointes him to give owt the said money when soe coyned to the petitioners within the tyme mentioned in the said act of parliament the saids petitioners first paying to the said maister to the Soume of twentie punds Scotts money for the coynadge of each Stone of the said Silver so coyned And ordaines the maister of the mint to give bond to the saids petitioners for repayment of the said tuentie pund Scotts per Stone whensoever the Same shall be allowed and repayed to him by the Lords Commissioners of his majesties Thesaurie out of the bullione due by the act of parliament Jaj vic eightie six yeirs anent a frie coynadge

Att Edinburgh the nynth Day of Aprile Jaj vic nyntie six years Antemeridiem

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Act

Act Alexander Wright and James Nimo merchands

Anent The petitione given in to The Lords of his majesties privie Counsell be Alexander Wright and James Nimmo merchands in Edinburgh Shewing That wher the petitioners haveing given in to the mint Lignets of Silver of about eight Stone weight befor the saids Lords Last order of Counsell appointing the merchands who had any pairt of the ane hundereth and sixtie stone of bullione then lying in the mint to pay twentie pund per stone for the coynadge therof in the termes specified in the said act And that the saids petitioners were most readie to have given all obedience to the foirsaid act of Counsell And therupon expected the Like weight of Current money to have bein given out to them within twentie dayes efter the saids Lords ordinance Conforme to the twentie fourth act parliament Jaj vic and eightie six But hitherto they have bein postponed without receaveing a farthing to great Loss and prejudice As also the petitioners crave Leave in all humilitie to represent that all merchants and others whatsomever being warranted and incouraged by the foirsaid act of parliament to import and give in what qwantities of bullion they could to the mynt for passing his majesties Irons They Accordingly have imported about twelve Stone weight of bullione consisting of broken and burnt Silver chist and light money and offered the Same to the maister of the mint for passing his majesties Irons in the termes of the foirsaid act of parliament Nowayes apprehending that the saids Lords by ther former ordinance intended a totall Stopp to this kingdome estaiblished by the forsaid act of parliament past that ordinance for ane expedient to releive the maister of the Mint of that Ane hundereth and sixtie Stone of bullion wherwith he was then overcharged But that in all tyme therefter merchands might be at Libertie to give in and the maister of the mint be obleidged to receave what bullione Should be offered to him and to give out current money in the value therof Conforme to the said act of parliament It never haveing bein aither the saids Lords intentione nor the meaneing of the foirsaid act aither to Shutt up the mint or that the officers therof Should have sellaries for nothing without carieing on the frie coynadge for the service of the Leidges Conforme to the Lawes made theranent And therfore humbly craveing the saids Lords to ordaine the maister of the mint to give out current money to the petitioners for the said eight stone of bullione given in by them befor the saids Lords ther Last ordinance upon ther payment of the twentie pund per stone of coynage And being assigned for ther releiffe in the termes of the said act And Likewayes to ordaine the maister of the mint to receave in the twelve stone of bullione they now offer him and pass the same wnder his majesties Irons And give the petitioners out the value therof in the termes of the frie coynage appointed by the foirsaid act of parliament or upon ther payment of the twentie pund per stone of coynage they being assigned for ther releife in maner foirsaid Or otherwayes grant warrand and allowance to them to transport the Samen furth of the kingdome without being troubled therfor any maner of way As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell They heirby ordaine the maister of the mint to coyne the foregoeing eight Stones of bullione given in by the petitioners And Likewayes to receave in the above twelve Stone of bullion and to coyn all the said bullione in twentie Shilling ten Shilling and five Shilling peices be equall portiones being a third pairt to each of the saids thrie species And authorizes and appointes him to give owt the said money when soe coyned to the petitioners within the tyme mentioned in the said act of parliament the saids petitioners first paying to the said maister to the Soume of twentie punds Scotts money for the coynadge of each Stone of the said Silver so coyned And ordaines the maister of the mint to give bond to the saids petitioners for repayment of the said tuentie pund Scotts per Stone whensoever the Same shall be allowed and repayed to him by the Lords Commissioners of his majesties Thesaurie out of the bullione due by the act of parliament Jaj vic eightie six yeirs anent a frie coynadge

1. NRS, PC2/26, 162v-164r.

1. NRS, PC2/26, 162v-164r.

Act, 9 April 1696, Edinburgh

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Att Edinburgh the nynth Day of Aprile Jaj vic nyntie six years Antemeridiem

D1696/4/131

Act

Act John Murray

Anent the petitione given in to The Lords of his majesties privie Counsell be John Murray merchand in Edinburgh Shewing that wher the petitioner haveing made applicatione to the saids Lords about two moneths agoe anent severall Lignets of forraigne bullione about the value of Thrie Thousand punds Sterleing which was imported into this kingdome by the petitioner to be delivered unto the mint to pass his majesties Irons And Likewayes about the Like qwantitie of Light cobbs which no persone will receave off his hand nor would the maister of the mint at that tyme receave in aither the foirsaid bullion or cobs to pass his majesties Irons For which the petitioner applyed to the saids Lords And the petitione being then read the saids Lords allowed The maister of the mynt to sie and answer the Same And recomended to a comittie of ther own number to consider the said petitione and ansuers And Seing the said Comittie hes not as yet mett and all the bullione then lyeing in the mynt being now comed and given owt And The petitioner haveing his whole Stock and credit in the said bullione and Cobs and the terme being now at hand The petitioner will be very much prejudged through the lying out of his Stock and want of money to pay his creditors And therfor humbly craveing to the effect eftermentioned as the said petitione bears The Saids Lords of his Majesties privie Counsell haveing considered the above petition given in to them be the said John Murray and ane other by way of ansuer therto be The maister of the mint They Doe heirby ordaine the maister of his majesties mint to receave in the bullione abovementioned belonging to the petitioner And to coyn the Same in Twentie Shilling, ten Shilling and five Shilling Scotts peices be equall portiones being a third pairt to each of the saids thrie Species And authorizes and appoints the maister to give owt the money when So coyned to the petitioner within the tyme contained in the act of parliament He first paying the said maister the Soume of Twentie pwnds Scotts for the coynage of each stone of the Silver So coyned And ordaines the said maister of the mint to give bond to the petitioner for repayment of the said twentie punds Scotts per stone whensoever the same shall be allowed and repayed to him by The Lords Commissioners of his majesties Thesaurie out of the bullione Dwe by the act of parliament Jaj vic eightie six yeirs anent a frie coynage

Att Edinburgh the nynth Day of Aprile Jaj vic nyntie six years Antemeridiem

D1696/4/131

Act

Act John Murray

Anent the petitione given in to The Lords of his majesties privie Counsell be John Murray merchand in Edinburgh Shewing that wher the petitioner haveing made applicatione to the saids Lords about two moneths agoe anent severall Lignets of forraigne bullione about the value of Thrie Thousand punds Sterleing which was imported into this kingdome by the petitioner to be delivered unto the mint to pass his majesties Irons And Likewayes about the Like qwantitie of Light cobbs which no persone will receave off his hand nor would the maister of the mint at that tyme receave in aither the foirsaid bullion or cobs to pass his majesties Irons For which the petitioner applyed to the saids Lords And the petitione being then read the saids Lords allowed The maister of the mynt to sie and answer the Same And recomended to a comittie of ther own number to consider the said petitione and ansuers And Seing the said Comittie hes not as yet mett and all the bullione then lyeing in the mynt being now comed and given owt And The petitioner haveing his whole Stock and credit in the said bullione and Cobs and the terme being now at hand The petitioner will be very much prejudged through the lying out of his Stock and want of money to pay his creditors And therfor humbly craveing to the effect eftermentioned as the said petitione bears The Saids Lords of his Majesties privie Counsell haveing considered the above petition given in to them be the said John Murray and ane other by way of ansuer therto be The maister of the mint They Doe heirby ordaine the maister of his majesties mint to receave in the bullione abovementioned belonging to the petitioner And to coyn the Same in Twentie Shilling, ten Shilling and five Shilling Scotts peices be equall portiones being a third pairt to each of the saids thrie Species And authorizes and appoints the maister to give owt the money when So coyned to the petitioner within the tyme contained in the act of parliament He first paying the said maister the Soume of Twentie pwnds Scotts for the coynage of each stone of the Silver So coyned And ordaines the said maister of the mint to give bond to the petitioner for repayment of the said twentie punds Scotts per stone whensoever the same shall be allowed and repayed to him by The Lords Commissioners of his majesties Thesaurie out of the bullione Dwe by the act of parliament Jaj vic eightie six yeirs anent a frie coynage

1. NRS, PC2/26, 161v-162v.

1. NRS, PC2/26, 161v-162v.

Warrant, 9 April 1696, Edinburgh

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Warrant

2Prorogatione of the towne of Edinburghs deliverie of ther proprtione of the Levy

The Lords of his majesties privie Counsell being informed that the men to be putt out by the towne of Edinburgh in this present Levy are not completely made up and delivered They heirby allow the magistrats yet to compleat and make up the good townes proportione of the said Levy And appoints them to deliver the men (so many of them as are not yet delivered) to the officers appointed or to be appointed to receave them And that at the Links of Leith upon twesday the fourteen of Aprile instant at ten in the foirnoon

Att Edinburgh the nynth Day of Aprile Jaj vic nyntie six years Antemeridiem

D1696/4/121

Warrant

2Prorogatione of the towne of Edinburghs deliverie of ther proprtione of the Levy

The Lords of his majesties privie Counsell being informed that the men to be putt out by the towne of Edinburgh in this present Levy are not completely made up and delivered They heirby allow the magistrats yet to compleat and make up the good townes proportione of the said Levy And appoints them to deliver the men (so many of them as are not yet delivered) to the officers appointed or to be appointed to receave them And that at the Links of Leith upon twesday the fourteen of Aprile instant at ten in the foirnoon

1. NRS, PC2/26, 161v.

2. Marginal note: ‘This two Last warrands are booked in this day through a mistake But should have been booked upon the Eight day.’

1. NRS, PC2/26, 161v.

2. Marginal note: ‘This two Last warrands are booked in this day through a mistake But should have been booked upon the Eight day.’

Warrant, 9 April 1696, Edinburgh

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D1696/4/111

Warrant

2Warrand to Magistrats of Edinburgh anent 20 punds to each man in the Levy

The Lords of his majesties privie Counsell Doe heirby decerne and ordaine the magestrats of Edinburgh or any of them in whose hands ther is consigned by the officers of the Standing forces who receave the new Levy the Soume of twentie pund Scotts for any of the men putt out or to be putt in the present Levy to make payment to each man of the said new Levy who is or shall be delivered to the saids officers of the saids twentie punds wnles the men Shall acknouledge that twentie punds hes being alreadie payed to themselvs by the Leaders or outputters of the saids men in place of the Like Soume which the officers were lyable to pay to everie man when he receaved him

Att Edinburgh the nynth Day of Aprile Jaj vic nyntie six years Antemeridiem

D1696/4/111

Warrant

2Warrand to Magistrats of Edinburgh anent 20 punds to each man in the Levy

The Lords of his majesties privie Counsell Doe heirby decerne and ordaine the magestrats of Edinburgh or any of them in whose hands ther is consigned by the officers of the Standing forces who receave the new Levy the Soume of twentie pund Scotts for any of the men putt out or to be putt in the present Levy to make payment to each man of the said new Levy who is or shall be delivered to the saids officers of the saids twentie punds wnles the men Shall acknouledge that twentie punds hes being alreadie payed to themselvs by the Leaders or outputters of the saids men in place of the Like Soume which the officers were lyable to pay to everie man when he receaved him

1. NRS, PC2/26, 161r.

2. The title ‘Act John Murray’ scored out in the margin.

1. NRS, PC2/26, 161r.

2. The title ‘Act John Murray’ scored out in the margin.

Sederunt, 9 April 1696, Edinburgh

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Att Edinburgh the nynth Day of Aprile Jaj vic nyntie six years Antemeridiem1

D1696/4/102

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argwyle; Earl of Southerland; Earl of Mortoune; Earl of Lothiane; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Murray; Lord Yester; Viscount Tarbat; Lord Carmichael; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Lord Anstruther; Laird of Grant; Laird of Blackbarrony; Laird of Stevensone; Laird of Pollock; Sir Thomas Livingstoune; Laird of Cessnock; Proveist of Edinburgh

Att Edinburgh the nynth Day of Aprile Jaj vic nyntie six years Antemeridiem1

D1696/4/102

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argwyle; Earl of Southerland; Earl of Mortoune; Earl of Lothiane; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Murray; Lord Yester; Viscount Tarbat; Lord Carmichael; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Lord Anstruther; Laird of Grant; Laird of Blackbarrony; Laird of Stevensone; Laird of Pollock; Sir Thomas Livingstoune; Laird of Cessnock; Proveist of Edinburgh

1. NRS, PC2/26, 161r.

2. NRS, PC2/26, 161r.

1. NRS, PC2/26, 161r.

2. NRS, PC2/26, 161r.

Act, 8 April 1696, Edinburgh

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Att Edinburgh the Eight day of Apprile Jaj vic nyntie six yeirs

D1696/4/91

Act

Act Maxwell of Burnbrae and Comissioners of Aberdeen Shyre

Anent the petitione given in to the Lords of his majesties privie Counsell be Robert Martine of Burnebrae Subtackseman of the additionall excyse of their pennies on the pint imposed by act of parliament Jaj vic nyntie thrie within the Shyre and towne of Aberdeen Shewing That wher the petitioner haveing ingadged himself as Subtackseman of the said additionall excyse within the towne and Shyre of Aberdeen for payment of the Soume of Fourtie one Thowsand five Hundereth twentie eight pund Scotts money for twentie thrie moneths Space And that he entered into the said tack upon the faith of the third act fourth Sessione of this current present parliament wherby the said additionall excyse at the rate of thrie pennies on the pint therby imposed was by all Judiciows men at the tyme of the imposeing therof Judged to be nothing Short of two merks upon the boll and that experience in exacting the Samen over all other places in the kingdome hes confirmed the same so that by the Later act twentie eight Sessione fourth of this current parliament Suppressing the annexed excyse at two merks per boll The Saids thrie pennies on the pynt was estaiblished and annexed to the croune as a Suteable recompense for the said two merks per boll The exacting at that rate by the liqwor amounting manifestly to more then the old two merks per boll Did aryse to And also upon assureance that the comissioners of excyse as publict ministers in the governement would allow all collectors and tacksemen the benefite of the method prescribed by the Law imposeing the Said additionall excyse in referance to the maner of exacting and uplifting the Samen As is mentioned in the act fourtein Jaj vic Sixtie one by Disproveing of entries to be made by the brewers and fyneing them to Double the valwe of the malt concealled and not entered and in caice of contumacy in not makeing entries at all in allowing the tacksemen claimes against them conforme to the constant practicq of the natione and the saids Lords proclamatione to that purpose in December Jaj vic nyntie thrie Wherby the petitioner was induced to enter into a Subtack of the said excyse upon termes als reasoneable as other Subtacksemen in the kingdome Yet nevertheles among the other discouragements the petitioner hes mett with in makeing the said excyse effectuall It hes So fallen out that by the illegall courses taken by and male administratione of the Commissioners of excyse in the Said Shyre of Aberdeen who are of the governments nomination that the said Robert Martine hes not only fallen Short of Four Thousand thrie Hundereth punds Scotts of tack duety by and attour his expensses (which were exceedingly increased by the brewers contumacie occasioned through the Commissioners oppositione to him) But also of what modest profite he might have expected, And of the which male administratione the petitioner humbly offers the following Steps to the Saids Lords consideratione primo That the saids Commissioners Did upon the twentie Sixth day of Jullie Jaj vic nyntie thrie by a printed act of ther Sederwnt take upon them in Direct termes to invert the said act of parlaiment imposeing the thrie pennies of additionall exoyse upon the liqwor in so far as they most wnwarrantably Declaire the meaneing of the act of parliament anent the exacting by the liqwor to have bein that the said additionall excyse Should be exacted with respect to the grain at the rate of a fourth pairt Short of two merks per boll as is the meaneing of the act of parliament anent exacting thrie pennies of the pynt had bein but thrie fourth pairts of two merks Should be exacted but for the boll at which rate the petitioner was most wnjustly cutt of from no Less then a full2 fourth pairt of the said whole additionall excyse which was in re veritate and is now by act of parliament establishing the Same in place of the two merks per boll found everie way Suteable and proportionable to the said two merks so that the Commissioners Did illegallie in takeing on them to putt Such a misinterpretatione on the Law to the petitioner and the governments Damnadge as afoirsaid Secundo albeit the Commissioners by the said act of sederunt Seemed to remitt the foirsaid mater anent the meaneing of the said act of parliament to the privie Counsells consideratione yet they have never to this houre made applicatione to the saids Lords for ane interpretatione of the said act wherthrough Dureing this dependance the brewers were imboldened to treate the petitioner as they pleased But all this was exactly callcullat to favoure one George Mckeinzie the tacksman of the old annexed excyse who alone had the brewers under tack while the petitioner was yet but entering upon his office as a tackseman of the additionall excyse and as ane evidence therof he the Said tacksman of the annexed excyse Does upon the foot of the commissioners said printed act print Likewayes a most false and illegall advertisement to all the brewers Mentioneing that the petitioner was goeing about to oppress them by proposeing the exactione of the additionall excyse conforme to the Liqwore or malt at his pleasure whill the commissioners of the Shyre Did give ther opinion that the meaneing of the Law was to exact the Same at the rate of twentie Shilling on the boll only And therfor advertiseing the brewers not to be imposed upon in paying the additionall excyse conforme to the liquor and that they Should not So much as give up entries or accompts of ther brewing to the petitioner otherwise then according to ther knouledge assureing them that if the petitionre proceeded by Legall dilligence against the saids brewers without express orders from the saids commissioners efter examinatione of maters The Commissioners would pwnish him as ane oppressor and both which acts viz The Commissioners act of sedeunt and tacksman of the annexed excyse his said advertisement haveing bein printed and published in all the paroch churches of the Shyre efter Sermon Did so far annimat the brewers against the petitioner that they became utterly contumacious in everie point Tertio the petitioner haveing applyed and attended in the moneth of September the said yeir at the places appointed in each presbetrie for the brewers to come and give up ther entries and upon ther faillieing so to doe efter due intimatione the petitioner had therby a Jus qwasitum and ane undoubted right to all the certificationes the Law and constant customes alloued against contumacious brewers for the act imposeing the additionall excyse alloues of all the methods and compullsitors formerly appointed for makeing the excyse effectuall Nevertheles the saids Commissioners at ther next meeting in october therefter by by3 ther other act did at ther own hand discharge all nonentries whatsomever and penalties incurred therthrow be the brewers as will appear by the acts of ther sederunt wherby takeing away the certificatione of the Law without the benefite wherof was not possible for the petitioner (nor ever shall be for any tackseman) to make the excyse effectuall which Doe So much the furder encouradge the saids brewars in ther obstinacie that near five moneths tyme elapsed befor the petitioner could recover So much as one Sixpense of the said additionall excyse And against which act some of the Commissioners ther own number Did enter ther protestationes as illegall and wnwarrantable Throw all which Stepps of the Commissioners ther proceedings the petitioners Damnadge and Loss as afoirsaid is nothing less then Eight Thowsand punds Scotts as appeared by the accompts therwith given in of the Least farthing he intrometted with upon wttmost Dilligence And wheranent the petitioner is content to subject himself to the most narrow and exact tryell of the saids Commissioners themselvs or any other the saids Lords Should appoint And altho ther be as yet severall Deficients amongest the brewers yet nevertheles through the discouradgement the petitioner hes mett with it will be wtterly impossible for him to recover payment therof without the concurse of authoritie And Seing from what is above said it is evident that this callamitie hes happened to the petitioner by publict ministers in the governement and is a palpable vis major upon the petitioner And considering that the saids Lords are in wse upon emergencies of Such occasiones of Loss to take the damnified caice of the Skaithed tacksmen into ther consideratione and appoint Such methods for ther ease as the merits of the cause requyres And ther haveing few caices hapned wherin the tacksemens conditione pleades more favoure then this And therfor Humbly craving the saids Lords would be pleased to take tryell anent the petitioners intromissiones And that by remitting his accompts therwith given in to the very Comissioners of the Shyres themselvs to be examined by them and reported against a certaine day or by what other maner of way the saids Lords thought fitt That the petitioners great Skaith and Damnadge being liqwidat and knowen the saids Lords might allow him and ease proportionable therto And in the meane tyme sist executione against the petitioner upon his paying in to the tacksemen what neat money he4 hes receaved upon accompt of the said additionall excyse And that ay and while the report anent the petitioners accompts his Loss appeared as said is And sicklyke that the saids Lords would be pleased to appoint a collector for inbringing the Deficiencie of the said additionall excyse that yet stands owt with a recomendatione to the Commissioners of the Shyre to be more assisting to him then they have bein to the petitioner As the said petitione bears Which petitione being upon the threttein day of Febrwary Last read in presence of the saids Lords They allowed the Commissioners of Supplie within the Shyre of Aberdeen to Sir and ansuer the Same And in the meane tyme Sisted executione at the tacksemens instance against the petitioner untill the said petitione and ansuers to be made therto Should be advised and interloquitor pronunced be the saids Lords therupon And the Commissioners of the said Shyre of Aberdeen haveing given in a representatione to the saids Lords of privie Councell by way of ansuer to Burnebraes petitione Which representatione and Burnebraes petitione being upon the threttie one day of March Last red in presence of the saids Lords They appointed a comittie of ther own number to consider the Same and the petitione given in the Boyll of Kellburnd and James Forbes and haill other papers relateing to this mater Which comittie haveing accordingly mett gave in ther report to the saids Lords of privie Counsell And the saids Lords haveing this day heard the Comitties report with a petitione for The Comissioners of Aberdeen Shyre against the said report They befor adviseing of Burnebraes report And before they give ansuer to the Commissioners petition Doe heirby assigne the fourth day of June next to come to the saids commissioners to instruct how much of the said additionall excyse is uplifted be the said Robert Martine and how much of the Same is resting in the brewers hands and to produce the accompts this stated to their Lordships at the day foirsaid and assignes that same day to Burnebrae to liqwidat instruct and prove the damnadges he hes Sustained upon the accompts and occasions mentioned in his complaint And grants dilligence hinc inde for that effect both against wittnesses and havers of wrytes and in the mean tyme alloues the saids Commissioners to collect what is resting of the said excyse in the brewers hands and alloues And ordaines the saids Commissioners to meet als often as Shall be needfull for the ends foirsaids And reserves to the saids commissioners all ther Laufull defences or alleadgeances in this mater to be proponed and insisted befor The Councell upon the said fourth day of June next to come5

Att Edinburgh the Eight day of Apprile Jaj vic nyntie six yeirs

D1696/4/91

Act

Act Maxwell of Burnbrae and Comissioners of Aberdeen Shyre

Anent the petitione given in to the Lords of his majesties privie Counsell be Robert Martine of Burnebrae Subtackseman of the additionall excyse of their pennies on the pint imposed by act of parliament Jaj vic nyntie thrie within the Shyre and towne of Aberdeen Shewing That wher the petitioner haveing ingadged himself as Subtackseman of the said additionall excyse within the towne and Shyre of Aberdeen for payment of the Soume of Fourtie one Thowsand five Hundereth twentie eight pund Scotts money for twentie thrie moneths Space And that he entered into the said tack upon the faith of the third act fourth Sessione of this current present parliament wherby the said additionall excyse at the rate of thrie pennies on the pint therby imposed was by all Judiciows men at the tyme of the imposeing therof Judged to be nothing Short of two merks upon the boll and that experience in exacting the Samen over all other places in the kingdome hes confirmed the same so that by the Later act twentie eight Sessione fourth of this current parliament Suppressing the annexed excyse at two merks per boll The Saids thrie pennies on the pynt was estaiblished and annexed to the croune as a Suteable recompense for the said two merks per boll The exacting at that rate by the liqwor amounting manifestly to more then the old two merks per boll Did aryse to And also upon assureance that the comissioners of excyse as publict ministers in the governement would allow all collectors and tacksemen the benefite of the method prescribed by the Law imposeing the Said additionall excyse in referance to the maner of exacting and uplifting the Samen As is mentioned in the act fourtein Jaj vic Sixtie one by Disproveing of entries to be made by the brewers and fyneing them to Double the valwe of the malt concealled and not entered and in caice of contumacy in not makeing entries at all in allowing the tacksemen claimes against them conforme to the constant practicq of the natione and the saids Lords proclamatione to that purpose in December Jaj vic nyntie thrie Wherby the petitioner was induced to enter into a Subtack of the said excyse upon termes als reasoneable as other Subtacksemen in the kingdome Yet nevertheles among the other discouragements the petitioner hes mett with in makeing the said excyse effectuall It hes So fallen out that by the illegall courses taken by and male administratione of the Commissioners of excyse in the Said Shyre of Aberdeen who are of the governments nomination that the said Robert Martine hes not only fallen Short of Four Thousand thrie Hundereth punds Scotts of tack duety by and attour his expensses (which were exceedingly increased by the brewers contumacie occasioned through the Commissioners oppositione to him) But also of what modest profite he might have expected, And of the which male administratione the petitioner humbly offers the following Steps to the Saids Lords consideratione primo That the saids Commissioners Did upon the twentie Sixth day of Jullie Jaj vic nyntie thrie by a printed act of ther Sederwnt take upon them in Direct termes to invert the said act of parlaiment imposeing the thrie pennies of additionall exoyse upon the liqwor in so far as they most wnwarrantably Declaire the meaneing of the act of parliament anent the exacting by the liqwor to have bein that the said additionall excyse Should be exacted with respect to the grain at the rate of a fourth pairt Short of two merks per boll as is the meaneing of the act of parliament anent exacting thrie pennies of the pynt had bein but thrie fourth pairts of two merks Should be exacted but for the boll at which rate the petitioner was most wnjustly cutt of from no Less then a full2 fourth pairt of the said whole additionall excyse which was in re veritate and is now by act of parliament establishing the Same in place of the two merks per boll found everie way Suteable and proportionable to the said two merks so that the Commissioners Did illegallie in takeing on them to putt Such a misinterpretatione on the Law to the petitioner and the governments Damnadge as afoirsaid Secundo albeit the Commissioners by the said act of sederunt Seemed to remitt the foirsaid mater anent the meaneing of the said act of parliament to the privie Counsells consideratione yet they have never to this houre made applicatione to the saids Lords for ane interpretatione of the said act wherthrough Dureing this dependance the brewers were imboldened to treate the petitioner as they pleased But all this was exactly callcullat to favoure one George Mckeinzie the tacksman of the old annexed excyse who alone had the brewers under tack while the petitioner was yet but entering upon his office as a tackseman of the additionall excyse and as ane evidence therof he the Said tacksman of the annexed excyse Does upon the foot of the commissioners said printed act print Likewayes a most false and illegall advertisement to all the brewers Mentioneing that the petitioner was goeing about to oppress them by proposeing the exactione of the additionall excyse conforme to the Liqwore or malt at his pleasure whill the commissioners of the Shyre Did give ther opinion that the meaneing of the Law was to exact the Same at the rate of twentie Shilling on the boll only And therfor advertiseing the brewers not to be imposed upon in paying the additionall excyse conforme to the liquor and that they Should not So much as give up entries or accompts of ther brewing to the petitioner otherwise then according to ther knouledge assureing them that if the petitionre proceeded by Legall dilligence against the saids brewers without express orders from the saids commissioners efter examinatione of maters The Commissioners would pwnish him as ane oppressor and both which acts viz The Commissioners act of sedeunt and tacksman of the annexed excyse his said advertisement haveing bein printed and published in all the paroch churches of the Shyre efter Sermon Did so far annimat the brewers against the petitioner that they became utterly contumacious in everie point Tertio the petitioner haveing applyed and attended in the moneth of September the said yeir at the places appointed in each presbetrie for the brewers to come and give up ther entries and upon ther faillieing so to doe efter due intimatione the petitioner had therby a Jus qwasitum and ane undoubted right to all the certificationes the Law and constant customes alloued against contumacious brewers for the act imposeing the additionall excyse alloues of all the methods and compullsitors formerly appointed for makeing the excyse effectuall Nevertheles the saids Commissioners at ther next meeting in october therefter by by3 ther other act did at ther own hand discharge all nonentries whatsomever and penalties incurred therthrow be the brewers as will appear by the acts of ther sederunt wherby takeing away the certificatione of the Law without the benefite wherof was not possible for the petitioner (nor ever shall be for any tackseman) to make the excyse effectuall which Doe So much the furder encouradge the saids brewars in ther obstinacie that near five moneths tyme elapsed befor the petitioner could recover So much as one Sixpense of the said additionall excyse And against which act some of the Commissioners ther own number Did enter ther protestationes as illegall and wnwarrantable Throw all which Stepps of the Commissioners ther proceedings the petitioners Damnadge and Loss as afoirsaid is nothing less then Eight Thowsand punds Scotts as appeared by the accompts therwith given in of the Least farthing he intrometted with upon wttmost Dilligence And wheranent the petitioner is content to subject himself to the most narrow and exact tryell of the saids Commissioners themselvs or any other the saids Lords Should appoint And altho ther be as yet severall Deficients amongest the brewers yet nevertheles through the discouradgement the petitioner hes mett with it will be wtterly impossible for him to recover payment therof without the concurse of authoritie And Seing from what is above said it is evident that this callamitie hes happened to the petitioner by publict ministers in the governement and is a palpable vis major upon the petitioner And considering that the saids Lords are in wse upon emergencies of Such occasiones of Loss to take the damnified caice of the Skaithed tacksmen into ther consideratione and appoint Such methods for ther ease as the merits of the cause requyres And ther haveing few caices hapned wherin the tacksemens conditione pleades more favoure then this And therfor Humbly craving the saids Lords would be pleased to take tryell anent the petitioners intromissiones And that by remitting his accompts therwith given in to the very Comissioners of the Shyres themselvs to be examined by them and reported against a certaine day or by what other maner of way the saids Lords thought fitt That the petitioners great Skaith and Damnadge being liqwidat and knowen the saids Lords might allow him and ease proportionable therto And in the meane tyme sist executione against the petitioner upon his paying in to the tacksemen what neat money he4 hes receaved upon accompt of the said additionall excyse And that ay and while the report anent the petitioners accompts his Loss appeared as said is And sicklyke that the saids Lords would be pleased to appoint a collector for inbringing the Deficiencie of the said additionall excyse that yet stands owt with a recomendatione to the Commissioners of the Shyre to be more assisting to him then they have bein to the petitioner As the said petitione bears Which petitione being upon the threttein day of Febrwary Last read in presence of the saids Lords They allowed the Commissioners of Supplie within the Shyre of Aberdeen to Sir and ansuer the Same And in the meane tyme Sisted executione at the tacksemens instance against the petitioner untill the said petitione and ansuers to be made therto Should be advised and interloquitor pronunced be the saids Lords therupon And the Commissioners of the said Shyre of Aberdeen haveing given in a representatione to the saids Lords of privie Councell by way of ansuer to Burnebraes petitione Which representatione and Burnebraes petitione being upon the threttie one day of March Last red in presence of the saids Lords They appointed a comittie of ther own number to consider the Same and the petitione given in the Boyll of Kellburnd and James Forbes and haill other papers relateing to this mater Which comittie haveing accordingly mett gave in ther report to the saids Lords of privie Counsell And the saids Lords haveing this day heard the Comitties report with a petitione for The Comissioners of Aberdeen Shyre against the said report They befor adviseing of Burnebraes report And before they give ansuer to the Commissioners petition Doe heirby assigne the fourth day of June next to come to the saids commissioners to instruct how much of the said additionall excyse is uplifted be the said Robert Martine and how much of the Same is resting in the brewers hands and to produce the accompts this stated to their Lordships at the day foirsaid and assignes that same day to Burnebrae to liqwidat instruct and prove the damnadges he hes Sustained upon the accompts and occasions mentioned in his complaint And grants dilligence hinc inde for that effect both against wittnesses and havers of wrytes and in the mean tyme alloues the saids Commissioners to collect what is resting of the said excyse in the brewers hands and alloues And ordaines the saids Commissioners to meet als often as Shall be needfull for the ends foirsaids And reserves to the saids commissioners all ther Laufull defences or alleadgeances in this mater to be proponed and insisted befor The Councell upon the said fourth day of June next to come5

1. NRS, PC2/26, 156v-161r.

2. The word ‘all’ scored out here.

3. Sic.

4. The letter ‘s’ scored out at the end of this word.

5. A marginal note: ‘The two Last oft this day are forgott here and booked in the beginning of the day following’.

1. NRS, PC2/26, 156v-161r.

2. The word ‘all’ scored out here.

3. Sic.

4. The letter ‘s’ scored out at the end of this word.

5. A marginal note: ‘The two Last oft this day are forgott here and booked in the beginning of the day following’.