Sederunt, 2 October 1696, Edinburgh

Att Edinburgh the second day of October Jaj vic nyntie six years1

A1696/10/12

Sederunt

His Majesties high Commissioner; Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Argyll; Earl of Mortoun; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Earl of Kintoir; Lord John Hamilton; Lord Montgomery; Lord Raith; Lord Ross; Lord Beilhaven; Lord Carmichaell; Lord Ruthven; Sir James Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Anstruther; Mr Francis Montgomery; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Leyes; Laird of Stevenson; Sir Thomas Livingstoun; Laird of Cessnock; Laird of Balhousie

Att Edinburgh the second day of October Jaj vic nyntie six years1

A1696/10/12

Sederunt

His Majesties high Commissioner; Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Argyll; Earl of Mortoun; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Earl of Kintoir; Lord John Hamilton; Lord Montgomery; Lord Raith; Lord Ross; Lord Beilhaven; Lord Carmichaell; Lord Ruthven; Sir James Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Anstruther; Mr Francis Montgomery; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Leyes; Laird of Stevenson; Sir Thomas Livingstoun; Laird of Cessnock; Laird of Balhousie

1. NRS, PC1/51, 19.

2. NRS, PC1/51, 19.

1. NRS, PC1/51, 19.

2. NRS, PC1/51, 19.

Warrant, 3 October 1695, Edinburgh

At Edinburgh thursday the third day of October Jaj vjc nynty and fyve years

A1695/10/61

Warrant

Warrand to wryte answers to queries anent the pole money

The Lords of his Majesties privy Councill Considering that there are severall Letters come from severall places of this Kingdome which containe severall doubts and queries anent the uplifting of the present pole money They Hereby appoynt their Clerks to returne answers to the foresaid Letters giving account of the Councills oppinione as to the poynts following viz primo That noe money except tradeing money is to be any part of a poleable estate secundo That if a persone be of severall Capacities he is only to be poled once for the highest Capacity Tertio that relicts married to second husbands are not to be poled as Relicts of the defunct husband but as the wyfe of the present Husband Quarto That only such whyte fishers as have a share of the boat are to be polled as seamen and none others of them Quinto That burgeses or Inhabitants of Burghs or tradsmen are to be polled for the stock they Trade with and that ther tenements within burgh are to be reckoned a part of their said stock sexto That the Children of defuncts are to be polled according to their stocks septimo That widdows tradeing or merchandizing may be polled for more then the third part of their deceast husbands pole in case their trade amount to ane higher pole Octavo That if persons give up themselves for a wrong pole the same may be proven against them scripto vel juramento upon a Citatione at the instance of the Collector of the Paroch before the Commissioners of Supply within that bounds nono That none are to be polled who live out of the Kingdome animo remanendi Decimo where Estates are in the Hands of Chamberlanes and the Factors or Chamberlans for Creditors The estate is not to be polled but the particular persones who have interest therein undecimo That Gardners albeit they let blood are not to be polled as Chirurgeons duodecimo That principall Clarks of Regalities are to be polled at sex pounds but not so for Clerks of Barronies Tridecimo That Clerk Deputs of inferior Courts are to pay as Nottars and messengers are appoynted by the act of parliament

At Edinburgh thursday the third day of October Jaj vjc nynty and fyve years

A1695/10/61

Warrant

Warrand to wryte answers to queries anent the pole money

The Lords of his Majesties privy Councill Considering that there are severall Letters come from severall places of this Kingdome which containe severall doubts and queries anent the uplifting of the present pole money They Hereby appoynt their Clerks to returne answers to the foresaid Letters giving account of the Councills oppinione as to the poynts following viz primo That noe money except tradeing money is to be any part of a poleable estate secundo That if a persone be of severall Capacities he is only to be poled once for the highest Capacity Tertio that relicts married to second husbands are not to be poled as Relicts of the defunct husband but as the wyfe of the present Husband Quarto That only such whyte fishers as have a share of the boat are to be polled as seamen and none others of them Quinto That burgeses or Inhabitants of Burghs or tradsmen are to be polled for the stock they Trade with and that ther tenements within burgh are to be reckoned a part of their said stock sexto That the Children of defuncts are to be polled according to their stocks septimo That widdows tradeing or merchandizing may be polled for more then the third part of their deceast husbands pole in case their trade amount to ane higher pole Octavo That if persons give up themselves for a wrong pole the same may be proven against them scripto vel juramento upon a Citatione at the instance of the Collector of the Paroch before the Commissioners of Supply within that bounds nono That none are to be polled who live out of the Kingdome animo remanendi Decimo where Estates are in the Hands of Chamberlanes and the Factors or Chamberlans for Creditors The estate is not to be polled but the particular persones who have interest therein undecimo That Gardners albeit they let blood are not to be polled as Chirurgeons duodecimo That principall Clarks of Regalities are to be polled at sex pounds but not so for Clerks of Barronies Tridecimo That Clerk Deputs of inferior Courts are to pay as Nottars and messengers are appoynted by the act of parliament

1. NRS, PC1/50, 250-1.

1. NRS, PC1/50, 250-1.

Petition, 3 October 1695, Edinburgh

At Edinburgh thursday the third day of October Jaj vjc nynty and fyve years

A1695/10/51

Petition

[Petition Earl of Breadalbane]

Petitione the Earle of Broadalbane which was read upon tuesday Last being againe read this day and much tyme spent in speaking therto nothing was determined therein

At Edinburgh thursday the third day of October Jaj vjc nynty and fyve years

A1695/10/51

Petition

[Petition Earl of Breadalbane]

Petitione the Earle of Broadalbane which was read upon tuesday Last being againe read this day and much tyme spent in speaking therto nothing was determined therein

1. NRS, PC1/50, 250.

1. NRS, PC1/50, 250.

Proclamation, 3 October 1695, Edinburgh

At Edinburgh thursday the third day of October Jaj vjc nynty and fyve years

A1695/10/41

Proclamation

Proclamatione for the more effectuall inbringing of the pole money

The proclamatione afterinsert being read approven and signed was ordered to be recorded whereof the tenor followeth A proclamatione for the better inbringing of the pole money imposed in anno Jaj vjc nynty and fyve years William by the Grace of God King of great Brittain France and Ireland defender of the faith To […] Macers of our privy Council messenger at armes our shirriffs in that part conjunctly and severally specially constitut greeting Forasmuchas by the act past in the last sessione of our Currant Parliament intituled act for pole money appoynting the Lists and rolls of poleable persones to be made and recorded in maner therin exprest it is also ordered that ane abstract thereof should be sent to the Lords of Thesaurie betwixt and the first of this instant moneth of October which day is now past And seeing the said day neither was nor could be observed because of the lateness of the present Harvist and the broken and uncertaine weather of this season Therfore we with advyse of the Lords of our privy Councill have thought fitt to prorogat and hereby prorogats the said day to the first day of November next ordaining the foresaid abstracts to be sent in to the Lords of our Theasaurie betwixt and that day as if the first of november in place of the first of october had been sett doune in the foresaid act of parliament And to the effect that the ordors contained in the Late proclamatione of our privy Councill for collecting the said polemoney may be observed and the Collectors for shyres and paroches more encouradged We farder thought fitt with advyse foresaid to allow for the payment of the said Collectors fyve per cent of their respective Collections To witt three per cente to the Collectors for paroches and2 two per cent to the Collectors of shyres, in maner prescribed in the former proclamatione and because there is a generall questione arrisen anent the pole of ministers whether they be to pay the single pole of sex pence or to be reckoned in the Class of or pay as Gentlemen It is hereby declared with advyse foresaid That all ministers of the Gospell within this Kingdome are to be reckoned in the class of and pay as Gentlemen And because it is informed That severall Heretors refuise to give uplists and to make divisione among their Tenents of their valued rent conforme to the tenents respective possessions conforme to the act of parliament alleadgeing it sufficient That they the Heritors pay for their respective valued rent in cumulo as lykewise that elders refuise to give up lists in maner prescrived by the said act of parliament and proclamatione of Councill And farder That the Tutors and Curators of minors refuise to give account upon oath of the whole of their Pupils and minors moveable Estates in manifest defraud of the foresaid pole Therfore we with advyce foresaid doe Hereby ordaine That in all and every of the said Cases, The persons refuiseing as said is shall be lyable to be charged with horning to give due obedience And that Letters be raised at our Sollicitors instance and put in the Hands of the respective Collectors of Supply in the severall shyres to be By them duely execute upon our expences as they will be answerable. And because that in some Paroches there may be but one or noe resideing Heritor nor Commissioner to take up Lists within the same and execute the other ordors conforme to our former proclamatione Therfore in such Caices we doe hereby allow and ordaine the Commissioners of the Shyres within which the said paroches Lyes to nominat and appoynt ane substantiall man or two within the said paroches to take up the foresaid Lists and execute the other ordors propper for Commissioners of paroches mentioned in the former proclamatione Our will is herefore and we charge you strictly and Command That incontinent these our Letters seen ye pass to the marcat Cross of Edinburgh and to the marcat Cross of the whole head burghs of the severall shyres and burghs within this Kingdome And there in our name and authority by open proclamatione make intimatione hereof that none pretend ignorance And ordains these presents to be printed and published Given under our Signet at Edinburgh the third day of October and our Reigne the seventh year Jaj vjc nynty and fyve years sic subscribitur Tweddale Cancell Melvill PS Queensberry Douglass Argyle Southerland Morton Lothian Leven Forfar Tarbatt Stair Yester Raith Beilhaven

At Edinburgh thursday the third day of October Jaj vjc nynty and fyve years

A1695/10/41

Proclamation

Proclamatione for the more effectuall inbringing of the pole money

The proclamatione afterinsert being read approven and signed was ordered to be recorded whereof the tenor followeth A proclamatione for the better inbringing of the pole money imposed in anno Jaj vjc nynty and fyve years William by the Grace of God King of great Brittain France and Ireland defender of the faith To […] Macers of our privy Council messenger at armes our shirriffs in that part conjunctly and severally specially constitut greeting Forasmuchas by the act past in the last sessione of our Currant Parliament intituled act for pole money appoynting the Lists and rolls of poleable persones to be made and recorded in maner therin exprest it is also ordered that ane abstract thereof should be sent to the Lords of Thesaurie betwixt and the first of this instant moneth of October which day is now past And seeing the said day neither was nor could be observed because of the lateness of the present Harvist and the broken and uncertaine weather of this season Therfore we with advyse of the Lords of our privy Councill have thought fitt to prorogat and hereby prorogats the said day to the first day of November next ordaining the foresaid abstracts to be sent in to the Lords of our Theasaurie betwixt and that day as if the first of november in place of the first of october had been sett doune in the foresaid act of parliament And to the effect that the ordors contained in the Late proclamatione of our privy Councill for collecting the said polemoney may be observed and the Collectors for shyres and paroches more encouradged We farder thought fitt with advyse foresaid to allow for the payment of the said Collectors fyve per cent of their respective Collections To witt three per cente to the Collectors for paroches and2 two per cent to the Collectors of shyres, in maner prescribed in the former proclamatione and because there is a generall questione arrisen anent the pole of ministers whether they be to pay the single pole of sex pence or to be reckoned in the Class of or pay as Gentlemen It is hereby declared with advyse foresaid That all ministers of the Gospell within this Kingdome are to be reckoned in the class of and pay as Gentlemen And because it is informed That severall Heretors refuise to give uplists and to make divisione among their Tenents of their valued rent conforme to the tenents respective possessions conforme to the act of parliament alleadgeing it sufficient That they the Heritors pay for their respective valued rent in cumulo as lykewise that elders refuise to give up lists in maner prescrived by the said act of parliament and proclamatione of Councill And farder That the Tutors and Curators of minors refuise to give account upon oath of the whole of their Pupils and minors moveable Estates in manifest defraud of the foresaid pole Therfore we with advyce foresaid doe Hereby ordaine That in all and every of the said Cases, The persons refuiseing as said is shall be lyable to be charged with horning to give due obedience And that Letters be raised at our Sollicitors instance and put in the Hands of the respective Collectors of Supply in the severall shyres to be By them duely execute upon our expences as they will be answerable. And because that in some Paroches there may be but one or noe resideing Heritor nor Commissioner to take up Lists within the same and execute the other ordors conforme to our former proclamatione Therfore in such Caices we doe hereby allow and ordaine the Commissioners of the Shyres within which the said paroches Lyes to nominat and appoynt ane substantiall man or two within the said paroches to take up the foresaid Lists and execute the other ordors propper for Commissioners of paroches mentioned in the former proclamatione Our will is herefore and we charge you strictly and Command That incontinent these our Letters seen ye pass to the marcat Cross of Edinburgh and to the marcat Cross of the whole head burghs of the severall shyres and burghs within this Kingdome And there in our name and authority by open proclamatione make intimatione hereof that none pretend ignorance And ordains these presents to be printed and published Given under our Signet at Edinburgh the third day of October and our Reigne the seventh year Jaj vjc nynty and fyve years sic subscribitur Tweddale Cancell Melvill PS Queensberry Douglass Argyle Southerland Morton Lothian Leven Forfar Tarbatt Stair Yester Raith Beilhaven

1. NRS, PC1/50, 248-50.

2. The word ‘an’ scored out here.

1. NRS, PC1/50, 248-50.

2. The word ‘an’ scored out here.

Sederunt, 3 October 1695, Edinburgh

At Edinburgh thursday the third day of October Jaj vjc nynty and fyve years1

A1695/10/32

Sederunt

Lord Chancellour; Earl of Melvill; Duke of Queensberry; Marquis of Douglass; Earl of Argyle; Earl of Southerland; Earl of Mortoune; Earl of Lothian; Earl of Leven; Earl of Forfar; Lord Murray; Lord Yester; Viscount Tarbatt; Viscount Stair; Lord Raith; Lord Beilhaven; Lord Carmichaell; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Mr Fr Montgomry; Laird of Blackbarrony; Laird of Stevensone; Laird of Leyes; Sir Rott Cheisly provost of Edinburgh

At Edinburgh thursday the third day of October Jaj vjc nynty and fyve years1

A1695/10/32

Sederunt

Lord Chancellour; Earl of Melvill; Duke of Queensberry; Marquis of Douglass; Earl of Argyle; Earl of Southerland; Earl of Mortoune; Earl of Lothian; Earl of Leven; Earl of Forfar; Lord Murray; Lord Yester; Viscount Tarbatt; Viscount Stair; Lord Raith; Lord Beilhaven; Lord Carmichaell; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Mr Fr Montgomry; Laird of Blackbarrony; Laird of Stevensone; Laird of Leyes; Sir Rott Cheisly provost of Edinburgh

1. NRS, PC1/50, 248.

2. NRS, PC1/50, 248.

1. NRS, PC1/50, 248.

2. NRS, PC1/50, 248.

Warrant, 1 October 1695, Edinburgh

At Edinburgh tuesday first day of October Jaj vjc nynty and fyve years

A1695/10/21

Warrant

Warrand to wryte for the principall oaths and assurances taken by Ministers

The Lords of his Majesties privy Councill doe Hereby appoynt their Clerks to wryte missives to such persons who have administrat the oath of alleadgeance and assureance to the ministers conforme to the Late acts of of parliament and Have not transmitted the principall oaths and assurance themselves betwixt and the tenth day of November next to come, with certificatione if they failzie they shall be called before the said Lords of privy Councill and punished for their Contempt and neglect

At Edinburgh tuesday first day of October Jaj vjc nynty and fyve years

A1695/10/21

Warrant

Warrand to wryte for the principall oaths and assurances taken by Ministers

The Lords of his Majesties privy Councill doe Hereby appoynt their Clerks to wryte missives to such persons who have administrat the oath of alleadgeance and assureance to the ministers conforme to the Late acts of of parliament and Have not transmitted the principall oaths and assurance themselves betwixt and the tenth day of November next to come, with certificatione if they failzie they shall be called before the said Lords of privy Councill and punished for their Contempt and neglect

1. NRS, PC1/50, 247-8.

1. NRS, PC1/50, 247-8.

Sederunt, 1 October 1695, Edinburgh

At Edinburgh tuesday first day of October Jaj vjc nynty and fyve years1

A1695/10/12

Sederunt

Lord Chancellor; Earl of Melvill ps; Duke of Queensberrie; Marquis of Douglas; Earl of Argyle; Earl of Southerland; Earl of Mortoune; Earl of Lothian; Earl of Leven; Earl of Forfar; Lord Murray; Lord Yester; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Beilhaven; Lord Carmichaell; Lord Polwarth; Lord Advocat; Lord Fountonhall; Mr Fr Montgomry; Laird of Stevensone; Laird of Leyes; The Provost of Edinburgh

At Edinburgh tuesday first day of October Jaj vjc nynty and fyve years1

A1695/10/12

Sederunt

Lord Chancellor; Earl of Melvill ps; Duke of Queensberrie; Marquis of Douglas; Earl of Argyle; Earl of Southerland; Earl of Mortoune; Earl of Lothian; Earl of Leven; Earl of Forfar; Lord Murray; Lord Yester; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Beilhaven; Lord Carmichaell; Lord Polwarth; Lord Advocat; Lord Fountonhall; Mr Fr Montgomry; Laird of Stevensone; Laird of Leyes; The Provost of Edinburgh

1. NRS, PC1/50, 247.

2. NRS, PC1/50, 247.

1. NRS, PC1/50, 247.

2. NRS, PC1/50, 247.

Warrant, 30 October 1694, Edinburgh

At Edinburgh tuesday The 30th October 1694

A1694/10/281

Warrant

Warrand for continuing the Solemnity of his Majesties birth till the 5th of this moneth

The Lords of their majesties privy Councill Considering That the fourth of November being the day of his Royall Majesties happy birth doeth this year fall upon Sunday or the Lords day Therfore the said Lords Doe Hereby Continow the solemnitys usuall upon that day untill the munday immediatlie following the same And appoynts intimation to be made Hereof To the magistrats of Edinburgh and Governours of their majesties Castles, Forts and Garrisons.

At Edinburgh tuesday The 30th October 1694

A1694/10/281

Warrant

Warrand for continuing the Solemnity of his Majesties birth till the 5th of this moneth

The Lords of their majesties privy Councill Considering That the fourth of November being the day of his Royall Majesties happy birth doeth this year fall upon Sunday or the Lords day Therfore the said Lords Doe Hereby Continow the solemnitys usuall upon that day untill the munday immediatlie following the same And appoynts intimation to be made Hereof To the magistrats of Edinburgh and Governours of their majesties Castles, Forts and Garrisons.

1. NRS, PC1/50, 34.

1. NRS, PC1/50, 34.

Procedure, 30 October 1694, Edinburgh

At Edinburgh tuesday The 30th October 1694

A1694/10/271

Procedure

Approbatione of the Lord Advocat causeing ship Seatone and Darville in order to their Banishment.

Sir James Stueart their majesties Advocat Haveing represented to the Councill That He had Caused ship aboard the Golden lyone of Leith which is to saill with this fleet that is presently goeing to Holland whereof James Kendell is master The persones of Master James Seatone and Francis Darville reputed to be Preists and who were prisoners in the Tolbooth of Edinburgh and who by sentance of Councill of the eleventh of October instant are banished furth of this Kingdome and appoynted to give bond and Cautione That they shall depart with this fleet In respect the said two persones declaired they were not able to find Cautione and that his Lordship hes taken their oblidgement That they shall returne to the Clerks of Councill a Certificat of their arryvale at Holland under the Hands of the magistrats where they shall arryve which he hes delyvered to the said Clerks The Lords of their Majesties privy Councill doe Hereby approve of what the Lord Advocat hes done in this matter as above narrated.

At Edinburgh tuesday The 30th October 1694

A1694/10/271

Procedure

Approbatione of the Lord Advocat causeing ship Seatone and Darville in order to their Banishment.

Sir James Stueart their majesties Advocat Haveing represented to the Councill That He had Caused ship aboard the Golden lyone of Leith which is to saill with this fleet that is presently goeing to Holland whereof James Kendell is master The persones of Master James Seatone and Francis Darville reputed to be Preists and who were prisoners in the Tolbooth of Edinburgh and who by sentance of Councill of the eleventh of October instant are banished furth of this Kingdome and appoynted to give bond and Cautione That they shall depart with this fleet In respect the said two persones declaired they were not able to find Cautione and that his Lordship hes taken their oblidgement That they shall returne to the Clerks of Councill a Certificat of their arryvale at Holland under the Hands of the magistrats where they shall arryve which he hes delyvered to the said Clerks The Lords of their Majesties privy Councill doe Hereby approve of what the Lord Advocat hes done in this matter as above narrated.

1. NRS, PC1/50, 34.

1. NRS, PC1/50, 34.

Act, 30 October 1694, Edinburgh

At Edinburgh tuesday The 30th October 1694

A1694/10/261

Act

Act Mr Collin Mckenzie

The Lords of their Majesties privy Councill doe hereby allow Master Collin McKenzie Uncle to the Earle of Seaforth presently confyned to the house of Harbertshyre and two myles about the same To repaire to the burgh of Edinburgh and To remaine confyned thereat and two myles about the same untill the first day of December next to come for doeing of his necessarie affaires The said Master Colline first before His comeing from his former confynment giveing bond and finding sufficient cautione acted in the books of privy Councill That He shall remaine confyned within the said burgh of Edinburgh and two myles about the same and not goe without the bounds thereof untill the said first day of December next and that immediatly therafter he shall repaire to His said house of Harbertshyre and remaine confyned thereat and two myles about the same and not goe without the bounds thereof and that he shall appear before the said Lords of their Majesties privey Councill when called for and in the mean tyme That he shall live peaceablie under and with all submissione to the present Government of their majesties King William and Queen Marie and that He shall not act consult nor contryve any thing in prejudice thereof nor converse nor correspond with any Rebells under the penalty of fyve thousand merks scots in case He should transgress in any part of the premisses

At Edinburgh tuesday The 30th October 1694

A1694/10/261

Act

Act Mr Collin Mckenzie

The Lords of their Majesties privy Councill doe hereby allow Master Collin McKenzie Uncle to the Earle of Seaforth presently confyned to the house of Harbertshyre and two myles about the same To repaire to the burgh of Edinburgh and To remaine confyned thereat and two myles about the same untill the first day of December next to come for doeing of his necessarie affaires The said Master Colline first before His comeing from his former confynment giveing bond and finding sufficient cautione acted in the books of privy Councill That He shall remaine confyned within the said burgh of Edinburgh and two myles about the same and not goe without the bounds thereof untill the said first day of December next and that immediatly therafter he shall repaire to His said house of Harbertshyre and remaine confyned thereat and two myles about the same and not goe without the bounds thereof and that he shall appear before the said Lords of their Majesties privey Councill when called for and in the mean tyme That he shall live peaceablie under and with all submissione to the present Government of their majesties King William and Queen Marie and that He shall not act consult nor contryve any thing in prejudice thereof nor converse nor correspond with any Rebells under the penalty of fyve thousand merks scots in case He should transgress in any part of the premisses

1. NRS, PC1/50, 33.

1. NRS, PC1/50, 33.