Att Edinburgh The Twenty day of January Jaj vjc nynty and nyne years
A1699/1/14
A1699/1/14
Act
Act Anent William Cochran of Ferguslie
Anent The Petition given in to the Lords of his majesties privy Councill By Wiliam Cochran of Ferguslie Tacksman of the pole-money. Shewing That Conform to the power granted to their Lordships By the act of parliament Jaj vic nynty Eight years. Imposeing the polemoney, Their being a proclamation published appointing The Commissioners of Supply of the severall shires and magistrats of Burghs and their respective Clerks, To Compleat the Rolls and Lists of the poleable persons within their respective Bounds, and Transmitt the samen to the Lords of the Thesaury Betwixt and the first day of December Last, To the Effect the forsaids Rolls and Lists might be delivered to their petitioner, Betwixt or upon the Third Twesday of the said moneth And the said proclamation being of that same force and Import with the said act of parliament Their petitioner having by the Tack set to him of the polemoney the benefite not only of all the Clauses Exprest in the act of parliament, But furder of all the methods and Courses, Their Lordships shall think fitt to Appoint and lay down from tyme to tyme for the Effectuall Stating and Inbringing of the said polemoney Their petitioner in all humility craves Leave to Represent to their Lordships, That he humbly conceaves it was their Lordships meaning That the Roles and Lists of the poleable persons being the subject of his Tack ought in Law to have been put in his hands at the precise day prefixed, Both by the forsaid act of parliament and proclamation abovementioned as it was Expresly proposed and agreed to Before the Exchequer at taking and subscriving of the Tack, That the Books should be delivered in manner and at the day forsaid as may be yet recent with some of their Lordships, And if need beis Can be made appear by Evidence beyond Exception, so if it hade been otherways, And that their petitioner hade been oblidged to pay the Tack-duty with out Receaving the pole Books in due tyme, This hade been a Compendious way to run him in a method Contrair to all Law. For it is Known that the Setter of any tack of what Subject soever, Is oblidged to put the Tacksman in possession, otherways he is not only free of the Tack But the setter Lyable to him In Damnadges and as it wold never been Sustained in Law for the Setter of the Tack to pretend That it was sufficient for him to put the Tacksman in possession any tyme before the Tack Expired, so here their petitioner ought to have the benefite of ane ordinary Tacksman Especialy where res non Est Integra, In so far as the Commissioners and Magistrats Being oblidged to send in Rolls and the Lists Betwixt and the first of December Last, It is Impossible to Suppose any Reason why they did it not But Because the Lists were not at all made up within the tyme prescrived by Law or that they might add Such as did not class themselves in due tyme In Either of which caices their petitioner is Evidently prejudged of the quadruples of all these persons, to which he hes also good Right by his Tack, and the forsaid act of parliament and proclamation of Councill as to the polemoney it self, and it were ane burden and hardship both of Trouble and Expence beyond the value of the thing. And which their Lordships Knows Their petitioners Tack will never bear to put him to Tedious and Expensive process against every particular person Contained in their Rolls unduely made up, for distinguishing who are Tymously and Justly Classed and who not, And it does manifestly appear to have been their Lordships Intention at the Emitting of the forsaid proclamatione, That the negligence and fault of the Commissioners and magistrats and the prejudice ariseing by the not transmitting their Rolls and Lists in due tyme should noways be a burden upon their Petitioner, In so far as they are Certified That in caice they should fail to meet and make up the Lists or Transmitt the same to the Thesaury Betwixt and the day forsaid, They should be Conveened and prosecuted before their Lordships at the Instance of his majesties Advocate for their negligence to be punished for the same with all Severity. Wherby their Lordships having still reserved the manner and Effect of their punishment to their selves. It is humbly Conceaved It can never be Laid upon him, To Carry away a great pairt of the subject of his Tack or Exhaust him with Expence in prosecuteing the same, And if any poleable persones find himself prejudged by the Commissioner or Magistrat who did not report him as listed In due tyme, It is much Easier That they should seek Reparation from the Commissioners or Magistrats, Then for their petitioner first to prosecute the one, and then upon his being assolzied have his Recourse against the other by a Second process more Expensive Then the avail of the King, But furder it Is humbly Represented, That their Lordships by ane other proclamation dated The fifteenth of September Last, having appointed the Collectors of Supply To Collect the Polemoney Conform to the Books and Rolls That should be transmitted to them by their petitioner, And he having accordingly caused Transcribe all the Books That were delivered to him in due time, did send them by Expenses, To the several Collectors with orders to uplift the pole-money Conform thereto, Which Expenses would have served for carrieing the books now offered, as well as the Rest, when then can He whom their Lordships Knows to have no very profitable Tack be put to so unecessar Expence, Especialy when by the orders That now he must send, he must with his own hand Cut of another Considerable pairt of his tack, viz: The Doubles Incurred by not payment at the first of January or within Thirty days thereafter, which will necessarly be Elapsed before the Books can be transcribed and arrive at the Collectors hands of the Respective Bounds to which they belong Their being but Thirteen days to run, before the saids penalties Can be Incurred, And It being near a moneth after the day prefixed Viz: The first of December before any of the saids books arrived, It will be a hardship. It is hoped their Lordships will not Impose upon him to retreive their fault and negligence by so Evident a loss to himself Especialy when severalls of these Books came not In, till within these very few days Seeing Then Both by the act of parliament and their Lordships proclamations, as likeways by the nature of all Tacks as well as his, The Books and lists of the poleable persones as the Subject set ought to have been put in his possession at the days therein prefixed And It is Evident from their Lordships proclamations as well as from what was Communed at setting of the Tack, That he was not To Bear the Burden of the negligence and fault In not reporting and delivering of the books at the day prefixed. And That now res non est Integra the quadruples being already Incurred and the doubles Inevitablie to be Incurred for not paying within Thirty days after the First of January which will necessarly Elapse before the Books Can be transmitted to the Collectors and Intimationes made by them for payment which will Require some Competent time Before Collecting. It is Therfore hoped their Lordships will find Their petitioner no ways oblidged, To Receave the pole Books said now to be come in To the clerks of the Thesaury or otherways free him of the said tack altogether, To the Effect their Lordships and the Lords of his majesties Thesaury and Exchequer may make such Concessiones and grant such Eases to the Countrey, as well becomes their Lordships moderation, which the Greatness of the Tack-duty does utterly disinable their petitioner to do, Especialy to such a degree as this, which can Extend to no Less then a Third pairt of the whole Tack duty, But if their Lordships Think not fitt to free him of his Tack, Then it is humbly begged their Lordships may reconsider the Come or order of Councill, And find him no ways oblidged to Look after or Receave Bookes which cannot but be presumed to be unduely made as well as transmitted out of tyme. And Therfore Humbly craving to the Effect underwrittin as the said petition bears. The saids Lords of his majesties privy Councill Having considered this petition given in to them be the within Wiliam Cochran of Fergusly Tacksman of the pole wherupon their was a Committie appointed To have met this day But hes not mett, And It having gone to the vote whether the Tacksmen should be ordained to Take up the Books and Lists of poleable persons presently lying in the hands of Sir Thomas Moncreiff Clerk of his Majesties Thesaury It was carried in the Affirmative, And the saids Lords appoints the said Sir Thomas to make offer of the saids Lists and Rolls of poleable persons to the saids tacksmen, And ordains the Tacksmen Instantly to Receave and take up the samen.
Att Edinburgh The Twenty day of January Jaj vjc nynty and nyne years
A1699/1/14
Act
Act Anent William Cochran of Ferguslie
Anent The Petition given in to the Lords of his majesties privy Councill By Wiliam Cochran of Ferguslie Tacksman of the pole-money. Shewing That Conform to the power granted to their Lordships By the act of parliament Jaj vic nynty Eight years. Imposeing the polemoney, Their being a proclamation published appointing The Commissioners of Supply of the severall shires and magistrats of Burghs and their respective Clerks, To Compleat the Rolls and Lists of the poleable persons within their respective Bounds, and Transmitt the samen to the Lords of the Thesaury Betwixt and the first day of December Last, To the Effect the forsaids Rolls and Lists might be delivered to their petitioner, Betwixt or upon the Third Twesday of the said moneth And the said proclamation being of that same force and Import with the said act of parliament Their petitioner having by the Tack set to him of the polemoney the benefite not only of all the Clauses Exprest in the act of parliament, But furder of all the methods and Courses, Their Lordships shall think fitt to Appoint and lay down from tyme to tyme for the Effectuall Stating and Inbringing of the said polemoney Their petitioner in all humility craves Leave to Represent to their Lordships, That he humbly conceaves it was their Lordships meaning That the Roles and Lists of the poleable persons being the subject of his Tack ought in Law to have been put in his hands at the precise day prefixed, Both by the forsaid act of parliament and proclamation abovementioned as it was Expresly proposed and agreed to Before the Exchequer at taking and subscriving of the Tack, That the Books should be delivered in manner and at the day forsaid as may be yet recent with some of their Lordships, And if need beis Can be made appear by Evidence beyond Exception, so if it hade been otherways, And that their petitioner hade been oblidged to pay the Tack-duty with out Receaving the pole Books in due tyme, This hade been a Compendious way to run him in a method Contrair to all Law. For it is Known that the Setter of any tack of what Subject soever, Is oblidged to put the Tacksman in possession, otherways he is not only free of the Tack But the setter Lyable to him In Damnadges and as it wold never been Sustained in Law for the Setter of the Tack to pretend That it was sufficient for him to put the Tacksman in possession any tyme before the Tack Expired, so here their petitioner ought to have the benefite of ane ordinary Tacksman Especialy where res non Est Integra, In so far as the Commissioners and Magistrats Being oblidged to send in Rolls and the Lists Betwixt and the first of December Last, It is Impossible to Suppose any Reason why they did it not But Because the Lists were not at all made up within the tyme prescrived by Law or that they might add Such as did not class themselves in due tyme In Either of which caices their petitioner is Evidently prejudged of the quadruples of all these persons, to which he hes also good Right by his Tack, and the forsaid act of parliament and proclamation of Councill as to the polemoney it self, and it were ane burden and hardship both of Trouble and Expence beyond the value of the thing. And which their Lordships Knows Their petitioners Tack will never bear to put him to Tedious and Expensive process against every particular person Contained in their Rolls unduely made up, for distinguishing who are Tymously and Justly Classed and who not, And it does manifestly appear to have been their Lordships Intention at the Emitting of the forsaid proclamatione, That the negligence and fault of the Commissioners and magistrats and the prejudice ariseing by the not transmitting their Rolls and Lists in due tyme should noways be a burden upon their Petitioner, In so far as they are Certified That in caice they should fail to meet and make up the Lists or Transmitt the same to the Thesaury Betwixt and the day forsaid, They should be Conveened and prosecuted before their Lordships at the Instance of his majesties Advocate for their negligence to be punished for the same with all Severity. Wherby their Lordships having still reserved the manner and Effect of their punishment to their selves. It is humbly Conceaved It can never be Laid upon him, To Carry away a great pairt of the subject of his Tack or Exhaust him with Expence in prosecuteing the same, And if any poleable persones find himself prejudged by the Commissioner or Magistrat who did not report him as listed In due tyme, It is much Easier That they should seek Reparation from the Commissioners or Magistrats, Then for their petitioner first to prosecute the one, and then upon his being assolzied have his Recourse against the other by a Second process more Expensive Then the avail of the King, But furder it Is humbly Represented, That their Lordships by ane other proclamation dated The fifteenth of September Last, having appointed the Collectors of Supply To Collect the Polemoney Conform to the Books and Rolls That should be transmitted to them by their petitioner, And he having accordingly caused Transcribe all the Books That were delivered to him in due time, did send them by Expenses, To the several Collectors with orders to uplift the pole-money Conform thereto, Which Expenses would have served for carrieing the books now offered, as well as the Rest, when then can He whom their Lordships Knows to have no very profitable Tack be put to so unecessar Expence, Especialy when by the orders That now he must send, he must with his own hand Cut of another Considerable pairt of his tack, viz: The Doubles Incurred by not payment at the first of January or within Thirty days thereafter, which will necessarly be Elapsed before the Books can be transcribed and arrive at the Collectors hands of the Respective Bounds to which they belong Their being but Thirteen days to run, before the saids penalties Can be Incurred, And It being near a moneth after the day prefixed Viz: The first of December before any of the saids books arrived, It will be a hardship. It is hoped their Lordships will not Impose upon him to retreive their fault and negligence by so Evident a loss to himself Especialy when severalls of these Books came not In, till within these very few days Seeing Then Both by the act of parliament and their Lordships proclamations, as likeways by the nature of all Tacks as well as his, The Books and lists of the poleable persones as the Subject set ought to have been put in his possession at the days therein prefixed And It is Evident from their Lordships proclamations as well as from what was Communed at setting of the Tack, That he was not To Bear the Burden of the negligence and fault In not reporting and delivering of the books at the day prefixed. And That now res non est Integra the quadruples being already Incurred and the doubles Inevitablie to be Incurred for not paying within Thirty days after the First of January which will necessarly Elapse before the Books Can be transmitted to the Collectors and Intimationes made by them for payment which will Require some Competent time Before Collecting. It is Therfore hoped their Lordships will find Their petitioner no ways oblidged, To Receave the pole Books said now to be come in To the clerks of the Thesaury or otherways free him of the said tack altogether, To the Effect their Lordships and the Lords of his majesties Thesaury and Exchequer may make such Concessiones and grant such Eases to the Countrey, as well becomes their Lordships moderation, which the Greatness of the Tack-duty does utterly disinable their petitioner to do, Especialy to such a degree as this, which can Extend to no Less then a Third pairt of the whole Tack duty, But if their Lordships Think not fitt to free him of his Tack, Then it is humbly begged their Lordships may reconsider the Come or order of Councill, And find him no ways oblidged to Look after or Receave Bookes which cannot but be presumed to be unduely made as well as transmitted out of tyme. And Therfore Humbly craving to the Effect underwrittin as the said petition bears. The saids Lords of his majesties privy Councill Having considered this petition given in to them be the within Wiliam Cochran of Fergusly Tacksman of the pole wherupon their was a Committie appointed To have met this day But hes not mett, And It having gone to the vote whether the Tacksmen should be ordained to Take up the Books and Lists of poleable persons presently lying in the hands of Sir Thomas Moncreiff Clerk of his Majesties Thesaury It was carried in the Affirmative, And the saids Lords appoints the said Sir Thomas to make offer of the saids Lists and Rolls of poleable persons to the saids tacksmen, And ordains the Tacksmen Instantly to Receave and take up the samen.
