Tag Archives: May

Warrant, 7 May 1696, Edinburgh

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Att Edinburgh the seventh day of Maj Jaj vjc nyntie six years

A1696/5/201

Warrant

Warrand to the Magistrats of Edinburgh to roup horses seased from persons not qualified

The Lords of his Majesties privie Councell Doe heirby Give order and warrand to the Magistrats of Edinburgh to Roup the horses in their toune or in the stables within the same and priviledges therof seased from persons not qualified according to Law And to Cause make Intimation of this Roupe upon the first horse merkat day Immediatly follouing the Intimatione at the rates of above ane hundreth merks scotts a peice at Leist And to Returne and give in the pryces of such of the saids horses as shall be sold to the Lords Commissioners of his Majesties Thesaurie Immediatly after the selling therof The stablers who mantained the saids horses being first satisfied and payed of their expences For Intertaining the saids Horses

Att Edinburgh the seventh day of Maj Jaj vjc nyntie six years

A1696/5/201

Warrant

Warrand to the Magistrats of Edinburgh to roup horses seased from persons not qualified

The Lords of his Majesties privie Councell Doe heirby Give order and warrand to the Magistrats of Edinburgh to Roup the horses in their toune or in the stables within the same and priviledges therof seased from persons not qualified according to Law And to Cause make Intimation of this Roupe upon the first horse merkat day Immediatly follouing the Intimatione at the rates of above ane hundreth merks scotts a peice at Leist And to Returne and give in the pryces of such of the saids horses as shall be sold to the Lords Commissioners of his Majesties Thesaurie Immediatly after the selling therof The stablers who mantained the saids horses being first satisfied and payed of their expences For Intertaining the saids Horses

1. NRS, PC1/50, 519.

1. NRS, PC1/50, 519.

Commission by the Council, 7 May 1696, Edinburgh

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Att Edinburgh the seventh day of Maj Jaj vjc nyntie six years

A1696/5/191

Commission by the Council

Additionall Commission Anent Janet Weddrow

Sir James Steuart his Majesties Advocat Having represented to the Lords of his Majesties privy Counsell That they have already Granted a Commission for trying of Janet Widdrow in Paslay tolbooth Anent witchcraft and the malifices done by her Craved that their Lordships would Grant warrand for extending that Commission for trying of the persons dilated by the said Janet Widdrow And the saids Lords perceaving by a note now given in by the said Lord Advocat subscribed under his hand That it is now Informed that the said Janet Widdrow Doeth Fyll and put out severall others And that ther are some persons in these bounds against whom ther are probable and pregnant Grounds of suspicion Therfore The saids Lords of his Majesties privie Councell Doe heirby extend the pouer granted by them to the persons mentioned in the said former act and Commission which is of the Date the third day of March Jaj vjc nyntie six years instant to the tryall also of these other persons fylled and putt out as said is and of such against whom ther are pregnant and probable Grounds of suspicion And ordaines the persons to whom the said Commission is granted before putting of any sentence to execution against any of the persons forsaids to be tryed before them To make report of their haill procedure in this matter to the saids Lords of privie Councell To the effect that the caices and Conditions of all the forsaids persons may be Laid before their Lordships And Discharges the persons Commissioners named in the said Commission to putt their sentence to executione against any of the persons who shall be tryed before them untill they make their said report and obtaine particular orders and warrands from the saids Lords against whom their said sentence is to be putt to executione for executing therof

Att Edinburgh the seventh day of Maj Jaj vjc nyntie six years

A1696/5/191

Commission by the Council

Additionall Commission Anent Janet Weddrow

Sir James Steuart his Majesties Advocat Having represented to the Lords of his Majesties privy Counsell That they have already Granted a Commission for trying of Janet Widdrow in Paslay tolbooth Anent witchcraft and the malifices done by her Craved that their Lordships would Grant warrand for extending that Commission for trying of the persons dilated by the said Janet Widdrow And the saids Lords perceaving by a note now given in by the said Lord Advocat subscribed under his hand That it is now Informed that the said Janet Widdrow Doeth Fyll and put out severall others And that ther are some persons in these bounds against whom ther are probable and pregnant Grounds of suspicion Therfore The saids Lords of his Majesties privie Councell Doe heirby extend the pouer granted by them to the persons mentioned in the said former act and Commission which is of the Date the third day of March Jaj vjc nyntie six years instant to the tryall also of these other persons fylled and putt out as said is and of such against whom ther are pregnant and probable Grounds of suspicion And ordaines the persons to whom the said Commission is granted before putting of any sentence to execution against any of the persons forsaids to be tryed before them To make report of their haill procedure in this matter to the saids Lords of privie Councell To the effect that the caices and Conditions of all the forsaids persons may be Laid before their Lordships And Discharges the persons Commissioners named in the said Commission to putt their sentence to executione against any of the persons who shall be tryed before them untill they make their said report and obtaine particular orders and warrands from the saids Lords against whom their said sentence is to be putt to executione for executing therof

1. NRS, PC1/50, 518-19.

1. NRS, PC1/50, 518-19.

Act, 7 May 1696, Edinburgh

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Att Edinburgh the seventh day of Maj Jaj vjc nyntie six years

A1696/5/181

Act

Act anent the Mint

The Lords of his Majesties privie Councell Having Considered the Report of a Committie of their oune Number wherof the tenor Folloues Edinburgh the sixth day of May Jaj vjc nyntie six The Committie Anent the Mint Sederunt The Earle of Lauderdale Lord Poluarth Lord Advocat and Laird of Blackbarrony Lord Poluarth Elected preses The Committie Having Considered the petition of the merchants As also the ansuers and representation made by the master and officers of the Mint Doe humbly present their opinion as folloues primo That for the better Ingathering of the Imposition granted by the Act of parliament Jaj vjc Eightie six for the support of a free Coynage The Tacksmen and Collectors of the Customes appointed to up Lift the same by the forsaid Act be ordained to give in their abbreviats quarterly and to fitt their equies Conforme to the forsaid Act of parliament under the paine of Deprivatione or such other pains as the Lords of Councell shall see Just Secundo That all merchants and others whither they have given in particular petitions or not have the benefite of the Act of Councell the tenth of December Last That is that they advancing the expence of the Coinadge in the termes of the forsaid Act may have their Bullion Coined according to the order prescribed by the Act of parliament And what the Lords of Councell shall farder ordaine in that matter Tertio that in respect the quantities of Bullion now brought in to the Mint are farr greater then these supposed and specified in the forsaid act of parliament which are only six thousand pounds scotts to be given out uithin Fifteen dayes or if a Greater soume uithin tuenty dayes wheras now the quantaties of Bullion offered Come to severall thousand pounds sterling And particularly Mr Murray hath six Thousand pounds starling which Cannot possiblie be returned in tuo months tyme Besyds that the Act of parliament obleidges the master of the Mint to receave all Bullion offered And to Coyne and give out the same according to the date of the offers wherby it may happen that tuo offering in one day yet the second offerer may be postponed for severall months Therfore the Committie is of opinione That the Lords of Councell according to the pouer given them by the said Act of parliament may and should order that all that offer bullion in one week should be reckoned in this manner viz that the First offerer should have six Thousand pounds scotts first Coined and returned And then the second and then the third and so furth And then to returne to the First offerer and the rest for what remains of their bullion And to dispatch them in Lyke manner uithin the space of Ten dayes for each six thousand pounds scotts Conform to the said Act of parliament Quarto That Because the coining of small species as Five and Ten shilling scotts peices Is double expence and paines And they were alwayes in use to be Coined of the Chizells and Fractions of the Journalls That in this manner ther may be a sufficient quantaty of them had to serve the Countrey Therfore ther should be noe Intire Journall of the said small species But that it is Enugh that the tenth pairt of Every Journall be Coined in the said small species which tenth pairt is estimat to be the equivalent of the said Chizell and fractions Quinto That Because it is a visible trouble to Troue Every five shilling scotts peice And that it is the use of the Touer of London that small peices be Troued by so many in the pound wherin ther Cannot be any prejudice That therafter ther be a reckoning made how many of the said five shilling peices doe make a pound as is done already by the Act of parliament And that they be Troued and given out by the pound weight accordingly sexto that seing Cobbs pass by weight And heirin doe Differ from the other species of Current Coine that pass not by weight And that all Cobbs have been formerly alloued to be Bullion That therfor all Cobbs weight or not be still alloued And declared to be Bullion as formerly or if this Cannot be granted that then Light Cobbs aither in specie or in Lignetts may be taken in upon the merchants oath He suearing that the Cobbs in specie are Light or the Lignets only made of Light Cobbs seing that is ane excessive Labour to weight every particular Cobb And Commonly they are all found to be Light And septimo that the Lords of Councell uould be pleased to Give effectuall orders for payment to Mr Clerk of his Tuo hundred pounds sterling seing he refuises to give dyes uithout which ther Can be nae Coining untill he be payed. Then say sic subscribitur Poluarth P The Saids Lords Having Considered the above report as said is Made to them by a Committie of their oune Number anent the affairs of his majesties Mint They heirby approve of the said Report And as to the first article therof ordaine and appoint the Tacksmen and Collectors to give in their abbreviats and fitt their equies as is mentioned in that article And that under the paine of deprivation And as to the sixth article The saids Lords Determine the alternative And declare all Cobbs weight or not to be Bullion And as to the Last article of the Report anent the money to be payed to Mr Clerk The Councell Gives noe Interloquitor theron In respect The Lords Commissioners of his Majesties Thesaurie Have declared that they have already ordered the soume therin contained to be payed And ordaines the rest of the articles of the said report to take effect and to be putt to executione Conform to the tenor of the said report And Declares the same to have the effect of a decreit or sentence of Councill

Att Edinburgh the seventh day of Maj Jaj vjc nyntie six years

A1696/5/181

Act

Act anent the Mint

The Lords of his Majesties privie Councell Having Considered the Report of a Committie of their oune Number wherof the tenor Folloues Edinburgh the sixth day of May Jaj vjc nyntie six The Committie Anent the Mint Sederunt The Earle of Lauderdale Lord Poluarth Lord Advocat and Laird of Blackbarrony Lord Poluarth Elected preses The Committie Having Considered the petition of the merchants As also the ansuers and representation made by the master and officers of the Mint Doe humbly present their opinion as folloues primo That for the better Ingathering of the Imposition granted by the Act of parliament Jaj vjc Eightie six for the support of a free Coynage The Tacksmen and Collectors of the Customes appointed to up Lift the same by the forsaid Act be ordained to give in their abbreviats quarterly and to fitt their equies Conforme to the forsaid Act of parliament under the paine of Deprivatione or such other pains as the Lords of Councell shall see Just Secundo That all merchants and others whither they have given in particular petitions or not have the benefite of the Act of Councell the tenth of December Last That is that they advancing the expence of the Coinadge in the termes of the forsaid Act may have their Bullion Coined according to the order prescribed by the Act of parliament And what the Lords of Councell shall farder ordaine in that matter Tertio that in respect the quantities of Bullion now brought in to the Mint are farr greater then these supposed and specified in the forsaid act of parliament which are only six thousand pounds scotts to be given out uithin Fifteen dayes or if a Greater soume uithin tuenty dayes wheras now the quantaties of Bullion offered Come to severall thousand pounds sterling And particularly Mr Murray hath six Thousand pounds starling which Cannot possiblie be returned in tuo months tyme Besyds that the Act of parliament obleidges the master of the Mint to receave all Bullion offered And to Coyne and give out the same according to the date of the offers wherby it may happen that tuo offering in one day yet the second offerer may be postponed for severall months Therfore the Committie is of opinione That the Lords of Councell according to the pouer given them by the said Act of parliament may and should order that all that offer bullion in one week should be reckoned in this manner viz that the First offerer should have six Thousand pounds scotts first Coined and returned And then the second and then the third and so furth And then to returne to the First offerer and the rest for what remains of their bullion And to dispatch them in Lyke manner uithin the space of Ten dayes for each six thousand pounds scotts Conform to the said Act of parliament Quarto That Because the coining of small species as Five and Ten shilling scotts peices Is double expence and paines And they were alwayes in use to be Coined of the Chizells and Fractions of the Journalls That in this manner ther may be a sufficient quantaty of them had to serve the Countrey Therfore ther should be noe Intire Journall of the said small species But that it is Enugh that the tenth pairt of Every Journall be Coined in the said small species which tenth pairt is estimat to be the equivalent of the said Chizell and fractions Quinto That Because it is a visible trouble to Troue Every five shilling scotts peice And that it is the use of the Touer of London that small peices be Troued by so many in the pound wherin ther Cannot be any prejudice That therafter ther be a reckoning made how many of the said five shilling peices doe make a pound as is done already by the Act of parliament And that they be Troued and given out by the pound weight accordingly sexto that seing Cobbs pass by weight And heirin doe Differ from the other species of Current Coine that pass not by weight And that all Cobbs have been formerly alloued to be Bullion That therfor all Cobbs weight or not be still alloued And declared to be Bullion as formerly or if this Cannot be granted that then Light Cobbs aither in specie or in Lignetts may be taken in upon the merchants oath He suearing that the Cobbs in specie are Light or the Lignets only made of Light Cobbs seing that is ane excessive Labour to weight every particular Cobb And Commonly they are all found to be Light And septimo that the Lords of Councell uould be pleased to Give effectuall orders for payment to Mr Clerk of his Tuo hundred pounds sterling seing he refuises to give dyes uithout which ther Can be nae Coining untill he be payed. Then say sic subscribitur Poluarth P The Saids Lords Having Considered the above report as said is Made to them by a Committie of their oune Number anent the affairs of his majesties Mint They heirby approve of the said Report And as to the first article therof ordaine and appoint the Tacksmen and Collectors to give in their abbreviats and fitt their equies as is mentioned in that article And that under the paine of deprivation And as to the sixth article The saids Lords Determine the alternative And declare all Cobbs weight or not to be Bullion And as to the Last article of the Report anent the money to be payed to Mr Clerk The Councell Gives noe Interloquitor theron In respect The Lords Commissioners of his Majesties Thesaurie Have declared that they have already ordered the soume therin contained to be payed And ordaines the rest of the articles of the said report to take effect and to be putt to executione Conform to the tenor of the said report And Declares the same to have the effect of a decreit or sentence of Councill

1. NRS, PC1/50, 516-18.

1. NRS, PC1/50, 516-18.

Act, 7 May 1696, Edinburgh

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Att Edinburgh the seventh day of Maj Jaj vjc nyntie six years

A1696/5/171

Act

Act appointing some houses wher vagrant ministers preach to be shutt up.

The Lords of his majesties privie Councell Having Considered the report of a Committie of their oune Number anent severall houses wher vagrant Ministers use to preach They heirby appoint and ordaine the places of Tranent Muntainhall and Dalkeith wher vagrant and uncertaine persons Come and presume to preach and exercise other pairts of the Ministeriall functione to be shutt up And appoints the shirreffs principall and their deputes and other magistrats of the places forsaids to shutt up the saids places as they will be ansuerable

Att Edinburgh the seventh day of Maj Jaj vjc nyntie six years

A1696/5/171

Act

Act appointing some houses wher vagrant ministers preach to be shutt up.

The Lords of his majesties privie Councell Having Considered the report of a Committie of their oune Number anent severall houses wher vagrant Ministers use to preach They heirby appoint and ordaine the places of Tranent Muntainhall and Dalkeith wher vagrant and uncertaine persons Come and presume to preach and exercise other pairts of the Ministeriall functione to be shutt up And appoints the shirreffs principall and their deputes and other magistrats of the places forsaids to shutt up the saids places as they will be ansuerable

1. NRS, PC1/50, 516.

1. NRS, PC1/50, 516.

Warrant, 7 May 1696, Edinburgh

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Att Edinburgh the seventh day of Maj Jaj vjc nyntie six years

A1696/5/161

Warrant

Warrand For Transporting John Mcfarlane to Edinburgh

The Lords of his Majesties privie Councell Doe heirby Recommend to Mr Frances Montgomerie Governor of the Castle of Dumbarton one of their oune number To Cause transport under a sufficient guaird from the said Castle to the tolbooth of Edinburgh the persone of John McFarlane, presently prisoner in the said Castle And appoints the magistrats of Edinburgh and Keeper of their tolbooth to receave and detaine the said John Mcfarlane prisoner till furder order And Recommends to the Lords Commissioners of his Majesties Thesaury to Cause make payment to the said John Mcfarlane of the soume of six shilling scotts per diem for his aliment after he shall Come to the tolbooth of Edinburgh during his Imprisonment

Att Edinburgh the seventh day of Maj Jaj vjc nyntie six years

A1696/5/161

Warrant

Warrand For Transporting John Mcfarlane to Edinburgh

The Lords of his Majesties privie Councell Doe heirby Recommend to Mr Frances Montgomerie Governor of the Castle of Dumbarton one of their oune number To Cause transport under a sufficient guaird from the said Castle to the tolbooth of Edinburgh the persone of John McFarlane, presently prisoner in the said Castle And appoints the magistrats of Edinburgh and Keeper of their tolbooth to receave and detaine the said John Mcfarlane prisoner till furder order And Recommends to the Lords Commissioners of his Majesties Thesaury to Cause make payment to the said John Mcfarlane of the soume of six shilling scotts per diem for his aliment after he shall Come to the tolbooth of Edinburgh during his Imprisonment

1. NRS, PC1/50, 515-16.

1. NRS, PC1/50, 515-16.

Act, 7 May 1696, Edinburgh

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Att Edinburgh the seventh day of Maj Jaj vjc nyntie six years

A1696/5/151

Act

Safe Conduct To Kilmanan

The Lords of his Majesties privie Councell Finding it expedient that Archbald Grhame of Kilmannan and Hugh Called Mcgrigor his servant Compear before them for to give Informatione In Certain particulars Concerning the Government And these persons requyring for their security safe Conduct and protection for their free Coming and going The saids Lords doe heirby Grant to the said Archbald Grhame of Kilmannan and his said servant safe Conduct and protection from the day and date heirof For their free Coming and appearing before the saids Lords of Councell or the Committie to be by them appointed for that effect betuixt and the second day of June nixt to Come And for and during their attendance untill they be dismissed And for Eight dayes for their returning after they shall be dismissed. And heirby discharge all officers of the law or other persons whatsoever to trouble or molest the persons of the said Kilmannan or his servant for any Cause Civill or Criminall preceeding the date heirof during the space forsaid in any sort as they will be ansuerable out their highest perill sic subscribitur Tueeddall cancel: Melvill Queensberry Southerland Morton Leven Annandale Poluarth Beilhaven James Steuart W Anstruther F: Montgomery Ludovick Grant Arc: Murray Robert Sinclar

Att Edinburgh the seventh day of Maj Jaj vjc nyntie six years

A1696/5/151

Act

Safe Conduct To Kilmanan

The Lords of his Majesties privie Councell Finding it expedient that Archbald Grhame of Kilmannan and Hugh Called Mcgrigor his servant Compear before them for to give Informatione In Certain particulars Concerning the Government And these persons requyring for their security safe Conduct and protection for their free Coming and going The saids Lords doe heirby Grant to the said Archbald Grhame of Kilmannan and his said servant safe Conduct and protection from the day and date heirof For their free Coming and appearing before the saids Lords of Councell or the Committie to be by them appointed for that effect betuixt and the second day of June nixt to Come And for and during their attendance untill they be dismissed And for Eight dayes for their returning after they shall be dismissed. And heirby discharge all officers of the law or other persons whatsoever to trouble or molest the persons of the said Kilmannan or his servant for any Cause Civill or Criminall preceeding the date heirof during the space forsaid in any sort as they will be ansuerable out their highest perill sic subscribitur Tueeddall cancel: Melvill Queensberry Southerland Morton Leven Annandale Poluarth Beilhaven James Steuart W Anstruther F: Montgomery Ludovick Grant Arc: Murray Robert Sinclar

1. NRS, PC1/50, 515.

1. NRS, PC1/50, 515.

Act, 7 May 1696, Edinburgh

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Att Edinburgh the seventh day of Maj Jaj vjc nyntie six years

A1696/5/141

Act

Act as to The Difficulties Anent the pole

The Lords of his Majesties privie Councell Having heard the Difficulties proposed by some Collectors of the polemoney Anent the Ingathering of the same read in their presence off which Difficulties the tenor folloues primo How they shall stress the deficients for payment since the Act of parliament appoints the sentence of the Commissioners or the Inferior Judge wher they Live to proceed and what shall be done as to remote Isles and Highlands wher the Inhabitants and Heretors have neither Listed nor payed Secundo If souldiers be Imployed who shall pay these souldiers their deficient money since the act of parliament alloues all expences to Come off the pole itself Tertio many deficients uould now pay in their single pole upon a full discharge but uill not pay a farthing uithout it And the Commissioners uill not warrand the Collector to accept single pole nor Can the Collector uithout warrand accept it now when the quadruple are Incurred Quarto what shall be done for getting up the pole of these that are dead since they were Listed or are Insolvent or have fled the shire Quinto some Collectors Crave horning against the deficients Sexto some Collectors report that the Act of parliament allouing only poynding or Imprisonment for deficiency of the pole some are so poor that they have nothing to be poynded but the Cloaths and they uould starve in prison and they are not Capable to be quartered upon Septimo The Collector of Drumfreis Represents2 That he Can gett neither Lists of pole nor polemoney through not meeting of these concerned octavo some Collectors represent that much of the pole is in Copper money and Clipped fourteens And when these fourteens were offered to the Generall Receavers They refuised them These who have quantaties of the Copper money Crave it may be taken from them in the shire or they alloued transport money for bringing it to Edinburgh nono The Shirreff of the Mearns pleads passionatly for a delay of their whyte fishers pole For they are begging through the Countrey this winter and Spring and have not to Cover their nakednes Decimo severall Collectors represent that they have payed in almost all they have receaved and ansuered the forces in the Countrey the precepts drauen on them for the pole undecimo The Collectors of Invernes and Aberdeen shires seems to Give the best accompt of their dilligence as their Letters Bears The Collector of Invernes hes payed in all the pole Except one hundred and fiftie pounds scotts which he Craves to be alloued for his extraordinary pains He Gives in a List of some highlanders who have not Listed themselves nor payed their pole and some Renunciations of the title of Gentlemen given in by others Duodecimo It is Informed that some of the west Countrey people plead to be free of their pole for their Late Rendivouzing and appearing in armes for the Government The Saids Lords upon reading of the forsaids Difficulties appointed Sir Gilbert Eliot to give in ansuers in wryting to each particular Difficulty from the former proceedings in Councell anent the said pole money And to present the same to the Councell against their nixt meeting And the said Sir Gilbert Eliot having drauen up ansuers to the saids Difficulties Did this day offer the same to the Councell wherof the tenor Folloues To the First by the Act of parliament any of the Commissioners of supplie are to pronunce sentence or any other Inferior Judge is alloued to Give sentence wherupon poynding or Imprisonment may proceed To the second by the Last proclamation of Councell The paroch Collectors and Collectors of supplie are to Give up Lists of the Deficients to the shirreffs and their deputes at the dayes therin appointed And the shirreffs or other deputs are to stress the deficients by poynding or Imprisonment for the quadruples Conform to the Act of parliament And this is to be done in the Isles and other highland shires as uell as elsewher And they are alloued souldiers for their assistance in the executione of their Decreits And the triples will be sufficient to defray the souldiers expences and affoord a Competent allouance to the shirreff for his paines after he hes Compted for the single pole of such deficients to the Thesaury To the Third After the dayes mentioned in the proclamatione are elapsed The shirrefis to be Comptable for the pole of all who are then deficient And to exact the quadruples from them and to be Comptable in the terms of the proclamatione And the Collectors are not further Concerned To the Fourth For such as are Insolvent or have fled the shire The Collectors are not further ansuerable but to Give them up as deficients If these who have fled have Left noe effects to the value of their pole And if they have Left effects The shirreff is to poynd for the quadruples And as to these who are dead since they were Listed they Cannot be very Numerous But even as to them if the dayes of the proclamatione were elapsed before their Death The shirreffs may take Decreits against their executors for the quadruples as well as against themselves for Deficiency if they had been alyve To the Fifth The Act of parliament and proclamations of Councell allouing poynding and summar apprysing of the goods poynded for the pole money upon a sentence of the Commissioners of supplie or any other Judge Letters and superfluous To the sixth For such as Live upon charity they are not Lyable to a pole And if they be householders It is not possible but they must have other goods then wearing Cloaths to be poynded And if they Earn wages The master must be Lyable for their pole out of their fee or wages And no quartering is to be alloued in any caise To the seventh The Collector of Drumfreis as well as all the Collectors of Scotland are by the former warrands of Councell alloued Letters of Horning to Charge the Commissioners to meet if need beis and to Charge the Elders of every paroch and householders to Give up the Lists of their severall paroches and families with3 their pole so that if he make use of thir Letters Ther is noe Ground for his Complaint And farder if need beis Letters may be raised on the Act of parliament Charging masters to Give up the names of their tennents uith the pole money payable by them To the Eight The Collectors are obleidged for their sallaries to pay in the polemoney to the Generall Receavers att Edinburgh as uell as the Collectors of Supplie are obleidged to pay in the Cess And by former orders of Councell the Collectors of Supplie are alloued to receave in from the paroch Collectors what Clipped money they had receaved before the proclamatione of Councill Discharging the same They giving their oath before any of the Commissioners of supplie that they had receaved these Individuall peices of money before the proclamatione was published in their shire so that ther Can be no transport money alloued for Carrying the pole to Edinburgh nor is their any difficultie upon the account of Clipped money To the Nynth by a former order of Councell the whyte fishers of the Mearns are declared not to be Lyable for the pole as seamen but for a single pole which such as Imployed them uere to advance for them and detaine out of their wages when they should be Imployed To the Tenth and Eleventh, what the Collectors hes payed in of the pole money aither to the Generall Receavers themselves or upon their precepts to the forces uill exoner them sufficiently pro tanto But nothing is to be alloued for extraordinary pains Ther being tuo per Cent alloued to the Collectors of supplie upon that account by the Last proclamatione of Councell besyds the tuo per Cent alloued them by the first proclamation and they have seven per Cent of all they should Collect which hath been aither omitted by the paroch Collectors or wherto any persone uas Lyable for being wronge Classed To the Tuelvth neither the Act of parliament nor proclamations of Councell Doe allow any persons to be exonered of their pole upon their rendivouzing or appearing in Armes upon the Late threatned Invasione The saids Lords of his Majesties privie Councell Having this day Considered the forsaids Difficulties and ansuers made therto They Doe heirby approve of the above ansuers And alloues Coppies therof to be transmitted to such shires as his Majesties Advocat shall think fitt And appoints John Andersone as the sollicitors servant to transmitt the same to the severall shires

Att Edinburgh the seventh day of Maj Jaj vjc nyntie six years

A1696/5/141

Act

Act as to The Difficulties Anent the pole

The Lords of his Majesties privie Councell Having heard the Difficulties proposed by some Collectors of the polemoney Anent the Ingathering of the same read in their presence off which Difficulties the tenor folloues primo How they shall stress the deficients for payment since the Act of parliament appoints the sentence of the Commissioners or the Inferior Judge wher they Live to proceed and what shall be done as to remote Isles and Highlands wher the Inhabitants and Heretors have neither Listed nor payed Secundo If souldiers be Imployed who shall pay these souldiers their deficient money since the act of parliament alloues all expences to Come off the pole itself Tertio many deficients uould now pay in their single pole upon a full discharge but uill not pay a farthing uithout it And the Commissioners uill not warrand the Collector to accept single pole nor Can the Collector uithout warrand accept it now when the quadruple are Incurred Quarto what shall be done for getting up the pole of these that are dead since they were Listed or are Insolvent or have fled the shire Quinto some Collectors Crave horning against the deficients Sexto some Collectors report that the Act of parliament allouing only poynding or Imprisonment for deficiency of the pole some are so poor that they have nothing to be poynded but the Cloaths and they uould starve in prison and they are not Capable to be quartered upon Septimo The Collector of Drumfreis Represents2 That he Can gett neither Lists of pole nor polemoney through not meeting of these concerned octavo some Collectors represent that much of the pole is in Copper money and Clipped fourteens And when these fourteens were offered to the Generall Receavers They refuised them These who have quantaties of the Copper money Crave it may be taken from them in the shire or they alloued transport money for bringing it to Edinburgh nono The Shirreff of the Mearns pleads passionatly for a delay of their whyte fishers pole For they are begging through the Countrey this winter and Spring and have not to Cover their nakednes Decimo severall Collectors represent that they have payed in almost all they have receaved and ansuered the forces in the Countrey the precepts drauen on them for the pole undecimo The Collectors of Invernes and Aberdeen shires seems to Give the best accompt of their dilligence as their Letters Bears The Collector of Invernes hes payed in all the pole Except one hundred and fiftie pounds scotts which he Craves to be alloued for his extraordinary pains He Gives in a List of some highlanders who have not Listed themselves nor payed their pole and some Renunciations of the title of Gentlemen given in by others Duodecimo It is Informed that some of the west Countrey people plead to be free of their pole for their Late Rendivouzing and appearing in armes for the Government The Saids Lords upon reading of the forsaids Difficulties appointed Sir Gilbert Eliot to give in ansuers in wryting to each particular Difficulty from the former proceedings in Councell anent the said pole money And to present the same to the Councell against their nixt meeting And the said Sir Gilbert Eliot having drauen up ansuers to the saids Difficulties Did this day offer the same to the Councell wherof the tenor Folloues To the First by the Act of parliament any of the Commissioners of supplie are to pronunce sentence or any other Inferior Judge is alloued to Give sentence wherupon poynding or Imprisonment may proceed To the second by the Last proclamation of Councell The paroch Collectors and Collectors of supplie are to Give up Lists of the Deficients to the shirreffs and their deputes at the dayes therin appointed And the shirreffs or other deputs are to stress the deficients by poynding or Imprisonment for the quadruples Conform to the Act of parliament And this is to be done in the Isles and other highland shires as uell as elsewher And they are alloued souldiers for their assistance in the executione of their Decreits And the triples will be sufficient to defray the souldiers expences and affoord a Competent allouance to the shirreff for his paines after he hes Compted for the single pole of such deficients to the Thesaury To the Third After the dayes mentioned in the proclamatione are elapsed The shirrefis to be Comptable for the pole of all who are then deficient And to exact the quadruples from them and to be Comptable in the terms of the proclamatione And the Collectors are not further Concerned To the Fourth For such as are Insolvent or have fled the shire The Collectors are not further ansuerable but to Give them up as deficients If these who have fled have Left noe effects to the value of their pole And if they have Left effects The shirreff is to poynd for the quadruples And as to these who are dead since they were Listed they Cannot be very Numerous But even as to them if the dayes of the proclamatione were elapsed before their Death The shirreffs may take Decreits against their executors for the quadruples as well as against themselves for Deficiency if they had been alyve To the Fifth The Act of parliament and proclamations of Councell allouing poynding and summar apprysing of the goods poynded for the pole money upon a sentence of the Commissioners of supplie or any other Judge Letters and superfluous To the sixth For such as Live upon charity they are not Lyable to a pole And if they be householders It is not possible but they must have other goods then wearing Cloaths to be poynded And if they Earn wages The master must be Lyable for their pole out of their fee or wages And no quartering is to be alloued in any caise To the seventh The Collector of Drumfreis as well as all the Collectors of Scotland are by the former warrands of Councell alloued Letters of Horning to Charge the Commissioners to meet if need beis and to Charge the Elders of every paroch and householders to Give up the Lists of their severall paroches and families with3 their pole so that if he make use of thir Letters Ther is noe Ground for his Complaint And farder if need beis Letters may be raised on the Act of parliament Charging masters to Give up the names of their tennents uith the pole money payable by them To the Eight The Collectors are obleidged for their sallaries to pay in the polemoney to the Generall Receavers att Edinburgh as uell as the Collectors of Supplie are obleidged to pay in the Cess And by former orders of Councell the Collectors of Supplie are alloued to receave in from the paroch Collectors what Clipped money they had receaved before the proclamatione of Councill Discharging the same They giving their oath before any of the Commissioners of supplie that they had receaved these Individuall peices of money before the proclamatione was published in their shire so that ther Can be no transport money alloued for Carrying the pole to Edinburgh nor is their any difficultie upon the account of Clipped money To the Nynth by a former order of Councell the whyte fishers of the Mearns are declared not to be Lyable for the pole as seamen but for a single pole which such as Imployed them uere to advance for them and detaine out of their wages when they should be Imployed To the Tenth and Eleventh, what the Collectors hes payed in of the pole money aither to the Generall Receavers themselves or upon their precepts to the forces uill exoner them sufficiently pro tanto But nothing is to be alloued for extraordinary pains Ther being tuo per Cent alloued to the Collectors of supplie upon that account by the Last proclamatione of Councell besyds the tuo per Cent alloued them by the first proclamation and they have seven per Cent of all they should Collect which hath been aither omitted by the paroch Collectors or wherto any persone uas Lyable for being wronge Classed To the Tuelvth neither the Act of parliament nor proclamations of Councell Doe allow any persons to be exonered of their pole upon their rendivouzing or appearing in Armes upon the Late threatned Invasione The saids Lords of his Majesties privie Councell Having this day Considered the forsaids Difficulties and ansuers made therto They Doe heirby approve of the above ansuers And alloues Coppies therof to be transmitted to such shires as his Majesties Advocat shall think fitt And appoints John Andersone as the sollicitors servant to transmitt the same to the severall shires

1. NRS, PC1/50, 511-15.

2. The phrase ‘that much of the pole is in Copper money And Clipped Fourteens And when these Fourteens were offered to the Generall Receavers’ scored out here.

3. Insertion. The word ‘of’ scored out here.

1. NRS, PC1/50, 511-15.

2. The phrase ‘that much of the pole is in Copper money And Clipped Fourteens And when these Fourteens were offered to the Generall Receavers’ scored out here.

3. Insertion. The word ‘of’ scored out here.

Proclamation, 7 May 1696, Edinburgh

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Att Edinburgh the seventh day of Maj Jaj vjc nyntie six years

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Proclamation

Proclamation for apprehending Sir George Barkley

The Follouing proclamation being read was votted approven and signed wherof the tenor follues
William by the Grace of God King of Great Brittaine France and Ireland defender of the faith To […] Macers of our privie Councell messengers at armes our shirreffs in that pairt conjunctlly and severally speciallie Constitut Greeting Forasmuchas Sir George Barcley Having Entered into a horrid and detestable Conspiracy uith diverse other wicked and traiterous persons to assassinat and murder our sacred persone Is not yet apprehended and brought to Justice But is supposed to have made his escape out of the kingdome of England (wher that execrable villany was to have been perpetrat) And to have fled to and taken his refuge In this our antient Kingdome And we being resolved to use all Indeavours to Bring such a Barbarous Traitor to Condegne punishment Doe therfore Requyre and Command all Magistrats and Ministers of our Law officers of our army and souldiers under our pay and all other the Good subjects of this our antient kingdom whatsoever to discover seiz upon take and apprehend the person of the said Sir George Barclay wherever he may be found And to Carry him to the nixt sure prisone wher he is to be detained till farther order And our privie Councell to be Immediatly acquanted theruith And for the Encouragement of all persons to be dilligent and Carefull in discovering and apprehending the said Sir George Barclay we doe heirby Declare that whosoever shall apprehend the said Sir George Barclay And delyver him to any magistrat uithin this kingdome to be detained prisoner as said is shall receave and have payed to them the soume of one Thousand pounds Sterling as a reuard for their good service which soume we doe heirby requyre the Lords Commissioners of our Thesaury to make payment of accordingly And In caise any of our Good subjects shall kill mutilat or hurt the said Sir George Barclay or any persone who shall presume to uithstand our good subjects in the apprehending of him The saids persons who shall Kill hurt or uound the said Sir George Barclay or any others who shall stand up violently to defend or uithstand his being apprehended shall be heirby alse sufficiently indemnified as if they had a Remission under our Great seall for the same And farder we doe heirby strictly prohibite and discharge all the subjects of this our antient kingdome to Conceall harbour or supplie the said Sir George Barclay under the pains of being proceeded against uith all rigor according to the severall Laws and Acts of parliament made anent harbouring or resetting fugitives and Traitors Our will is heirfore And we Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the Mercat Cross of Edinburgh and to the Mercat Crosses of the whole remanent head burghs of the severall shires and steuartries uithin this kingdome And ther In our name and authority by open proclamation make publication of the premisses That none may pretend Ignorance And ordaines these presents to be printed Given under our signet at Edinburgh the seventh day of May and of our reigne the Eight year i696 sic subscribitur ut sederunt

Att Edinburgh the seventh day of Maj Jaj vjc nyntie six years

A1696/5/131

Proclamation

Proclamation for apprehending Sir George Barkley

The Follouing proclamation being read was votted approven and signed wherof the tenor follues
William by the Grace of God King of Great Brittaine France and Ireland defender of the faith To […] Macers of our privie Councell messengers at armes our shirreffs in that pairt conjunctlly and severally speciallie Constitut Greeting Forasmuchas Sir George Barcley Having Entered into a horrid and detestable Conspiracy uith diverse other wicked and traiterous persons to assassinat and murder our sacred persone Is not yet apprehended and brought to Justice But is supposed to have made his escape out of the kingdome of England (wher that execrable villany was to have been perpetrat) And to have fled to and taken his refuge In this our antient Kingdome And we being resolved to use all Indeavours to Bring such a Barbarous Traitor to Condegne punishment Doe therfore Requyre and Command all Magistrats and Ministers of our Law officers of our army and souldiers under our pay and all other the Good subjects of this our antient kingdom whatsoever to discover seiz upon take and apprehend the person of the said Sir George Barclay wherever he may be found And to Carry him to the nixt sure prisone wher he is to be detained till farther order And our privie Councell to be Immediatly acquanted theruith And for the Encouragement of all persons to be dilligent and Carefull in discovering and apprehending the said Sir George Barclay we doe heirby Declare that whosoever shall apprehend the said Sir George Barclay And delyver him to any magistrat uithin this kingdome to be detained prisoner as said is shall receave and have payed to them the soume of one Thousand pounds Sterling as a reuard for their good service which soume we doe heirby requyre the Lords Commissioners of our Thesaury to make payment of accordingly And In caise any of our Good subjects shall kill mutilat or hurt the said Sir George Barclay or any persone who shall presume to uithstand our good subjects in the apprehending of him The saids persons who shall Kill hurt or uound the said Sir George Barclay or any others who shall stand up violently to defend or uithstand his being apprehended shall be heirby alse sufficiently indemnified as if they had a Remission under our Great seall for the same And farder we doe heirby strictly prohibite and discharge all the subjects of this our antient kingdome to Conceall harbour or supplie the said Sir George Barclay under the pains of being proceeded against uith all rigor according to the severall Laws and Acts of parliament made anent harbouring or resetting fugitives and Traitors Our will is heirfore And we Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the Mercat Cross of Edinburgh and to the Mercat Crosses of the whole remanent head burghs of the severall shires and steuartries uithin this kingdome And ther In our name and authority by open proclamation make publication of the premisses That none may pretend Ignorance And ordaines these presents to be printed Given under our signet at Edinburgh the seventh day of May and of our reigne the Eight year i696 sic subscribitur ut sederunt

1. NRS, PC1/50, 510-11.

1. NRS, PC1/50, 510-11.

Sederunt, 7 May 1696, Edinburgh

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Att Edinburgh the seventh day of Maj Jaj vjc nyntie six years1

A1696/5/122

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Southerland; Earl of Mortoun; Earl of Lothian; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Beilhaven; Lord Poluarth; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Mr Fra: Montgomery; Laird of Grant; Laird of Blackbarrony; Laird of Stevenson; Provost of Edinburgh

Att Edinburgh the seventh day of Maj Jaj vjc nyntie six years1

A1696/5/122

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Southerland; Earl of Mortoun; Earl of Lothian; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Beilhaven; Lord Poluarth; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Mr Fra: Montgomery; Laird of Grant; Laird of Blackbarrony; Laird of Stevenson; Provost of Edinburgh

1. NRS, PC1/50, 509.

2. NRS, PC1/50, 509.

1. NRS, PC1/50, 509.

2. NRS, PC1/50, 509.

Act, 5 May 1696, Edinburgh

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Att Edinburgh the Fifth day of May Jaj vjc nyntie six years

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Act

Liberation Captain Collinsone

Anent the petition given in to the Lords of his Majesties privie Councell By Captain Robert Collinson in Aberdeen Sheuing That about a month agoe the petitioner was Incarcerat uithin the tolbooth of Edinburgh by vertue of ane verball order from the Magistrats of the said burgh upon false and Groundles representations made to them And the petitioner Having applyed to them to Inquyre into the reasone of his Imprisonment They positively denyed that he was their prisoner But remitted him to Major Generall Livingstoune to Consider the same who declynes to Inquyre theranent Unless I made application to the saids Lords of privie Councill And if any pretence may be made of his disaffection to the present Government The Contrair is very uell Knouen And that the petitioner being a man of sixtie years is readuced by this Imprisonment to Sicknes and unable to mantaine himself and Numerous family which is not unknouen to severall of their Lordships Number And therfore Humblie Craving to the effect underwryten as the said petitione bears Which petition being read in presence of the saids Lords They Recommended to a Committie of their oune Number to Call for and examine the petitioner And to report his caice to the Councell And the said Committie Having Called for and examined the petitioner They reported his examination to the Councell And the saids Lords of his majesties privie Councell Having this day againe Considered the forsaid petitione uith a report of the Committie Containing the petitioners examinatione therin They heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to sett the petitioner at Libertie furth therof In respect before extracting heirof He hath Given bond and found sufficient Cautione acted in the books of his Majesties privie Councell That he shall Live peacably under and uith all submission to the present government of his Majestie King William And that the shall not Act Consult nor Contrive any thing In prejudice therof nor shall not Converss or Correspond uith any rebells And that he shall appear before the saids Lords of his Majesties privie Councell when so ever he shall be Called for or requyred to that effect under he penaltie of ane Hundred pounds sterling in caise he shall transgress in anie part of the premisses

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years

A1696/5/111

Act

Liberation Captain Collinsone

Anent the petition given in to the Lords of his Majesties privie Councell By Captain Robert Collinson in Aberdeen Sheuing That about a month agoe the petitioner was Incarcerat uithin the tolbooth of Edinburgh by vertue of ane verball order from the Magistrats of the said burgh upon false and Groundles representations made to them And the petitioner Having applyed to them to Inquyre into the reasone of his Imprisonment They positively denyed that he was their prisoner But remitted him to Major Generall Livingstoune to Consider the same who declynes to Inquyre theranent Unless I made application to the saids Lords of privie Councill And if any pretence may be made of his disaffection to the present Government The Contrair is very uell Knouen And that the petitioner being a man of sixtie years is readuced by this Imprisonment to Sicknes and unable to mantaine himself and Numerous family which is not unknouen to severall of their Lordships Number And therfore Humblie Craving to the effect underwryten as the said petitione bears Which petition being read in presence of the saids Lords They Recommended to a Committie of their oune Number to Call for and examine the petitioner And to report his caice to the Councell And the said Committie Having Called for and examined the petitioner They reported his examination to the Councell And the saids Lords of his majesties privie Councell Having this day againe Considered the forsaid petitione uith a report of the Committie Containing the petitioners examinatione therin They heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to sett the petitioner at Libertie furth therof In respect before extracting heirof He hath Given bond and found sufficient Cautione acted in the books of his Majesties privie Councell That he shall Live peacably under and uith all submission to the present government of his Majestie King William And that the shall not Act Consult nor Contrive any thing In prejudice therof nor shall not Converss or Correspond uith any rebells And that he shall appear before the saids Lords of his Majesties privie Councell when so ever he shall be Called for or requyred to that effect under he penaltie of ane Hundred pounds sterling in caise he shall transgress in anie part of the premisses

1. NRS, PC1/50, 508-9.

1. NRS, PC1/50, 508-9.