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B05651 Proclamation for compleating the levy for the thousand men, for the year 1697. And in case of deficiency to poynd the leaders. Scotland. Privy Council. 1697 (1697) Wing S1859; ESTC R183509 2,792 1

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PROCLAMATION For Compleating the Levy for the thousand Men for the Year 1697. And in case of deficiency to poynd the Leaders WILLIAM By the Grace of God King of Great-Britain France and Ireland Defender of the Faith To Macers of Our Privy Council Messengers at Arms Our Sheriffs in that part Conjunctly and severally specially Constitute Greeting Forasmuch as We by Our Proclamation of the Date the sixteenth day of December last by past did Require and Command the Commissioners of Supply within the several Shires of this Kingdom to have Met upon the Days and at the Places mentioned in the said Proclamation And there and then to have Designed and had in Readiness in manner and Conform to the twenty third Act last Session of this current Parliament and Method therein set down The respective Numbers of Men particularly mentioned in the foresaid Proclamation or Twenty four Pound Scots for each Man not delivered to or received by the Officers sent by Order of Our Privy Council or of Collonel George Hamilton Collonel to one of Our Regiments of Foot in Flanders at the head Burghs of the several Shires and Stewartries of this Kingdom at the Days particularly mentioned in the foresaid Proclamation And albeit Officers did attend at the head Burghs of the saids respective Shires and Stewartries at the Time and upon the Days prefixed in Our former Proclamation to have received the Men from the saids respective Shires and Stewartries which they were to Furnish for this year or Twenty four Pounds for each undelivered Man conform to the foresaid Act of Parliament Nevertheless in many Shires neither Men nor Money were delivered to the great Detriment of Our Service and Disappointment of Our Officers who thereby were to make the Recruits necessary for Our Troops in Flanders and to the great Expense of the saids Officers and their needless Attendance Therefore We with Advice of the Lords of Our Privy Council Require and Command the Commissioners of Supply of all the Shires and Stewartries within this Kingdom to Meet and timeously design Leaders for the respective Proportions of Men to be Furnished by their saids Shires or Stewartries and which Leaders so designed for all the Shires and Stewartries upon this side of Tay We with Advice foresaid Require and Command to Provide and have in Readiness the respective Numbers of Men which they as Leaders are appointed to Furnish or Twenty four Pounds Scots for each undelivered Man Which Men or Money foresaid are to be delivered or payed in by them at the head Burghs of the respective Shires or Stewartries to such Officers or others as shall be sent by the Lords of Our Privy Council or the said Collonel George Hamilton sufficiently Impowered by written Orders and Warrands upon the Twentieth day of this Instant Month of February And the respective Leaders for all the rest of the Kingdom to deliver or pay their Men or Money at the respective head Burghs of their Shires or Stewartries to the Persons to be sent and Impowered in manner foresaid upon the First day of March next to come with Certification to the saids Commissioners who shall not design Leaders within their respective Bounds they shall be lyable to the Penalties for their Failȝour therein mentioned in the Acts of Parliament made anent the Militia And We with Advice foresaid Certifie Declare and Decern that such of the Leaders who shall faill to deliver the Men or pay the Money to the Persons so to be sent and Impowered in manner foresaid at the Places and upon the Days respective above-mentioned they shall be lyable to the saids Persons Impowered to receive the same in the Sum of One hundred Pounds Scots for each Man that shall not be delivered or the said Sum of Twenty four Pounds Scots in Money payed for him in manner foresaid which hundreth Pounds is presently to be Exacted and Raised from the respective deficient Leaders in manner specified and appointed for Deficiency in the Outreicks to the Militia by the second Act second Parliament King Charles the Second Conform whereunto We with Advice foresaid Authorize and Impower the Commissioners of Supply or any two of them after Tryal taken that the respective Leaders or any of them have been Deficient in the delivery of their Men or Payments foresaids to give Order and Warrand to any Person whom they shall think fit whom We hereby make and Constitute Our Sheriff in that part to that effect allenarly to Poynd and Destrinȝie the readiest Goods and Gear of the saids deficient Leaders wherever the same may be found Appryse and make Sale thereof towards the payment of the said hundred Pounds for each undelivered Man to be specified in the said Warrant and the Charges and Expenses of the Poynding and Apprysing these Charges always not exceeding the Sum of ten Pounds Scots Money for each hundred Pounds for which the Poynding shall be used with power to our said Sheriff in that part by vertue of that Order to Poynd the Goods without necessity of carrying the same to the Paroch-Church or Mercat-Cross of the Head-Burgh of the Shire or Stewartry to be Apprysed and to do and act in the Execution of the said Order sicklike as a Messenger at Arms may do by the Law in Execution of Letters of Poynding and Apprysing given under our Signet Providing always that the Goods Poynded be Valued and Apprysed by two honest Sworn Men whose Oaths the said Sheriff in that part is Authorized to take for that effect And Declares that it shall be leisum to the Party from whom the Goods shall be Poynded to redeem the same within six days after the Poynding by payment of the Sums for which the Poynding shall be used Expenses of the Poynding foresaid and fourty Shilling Scots Money for each day during the not Redemption And in case the Goods be not redeemed within the space foresaid Declares that it shall be lawful to the said Person Officer or other to whose Behove the Goods are Poynded to retain the Goods or sell the same he satisfying the Party from whom the Goods were Poynded of the superplus Price if any be after Deduction of the third of the Sum to which they were Apprysed and fourty Shilling Scots for ilk day during the space the Party had power to redeem And Declares the said Warrand Signed by two of the saids Commissioners to have the Force and Strength of a Decreet and that there is no necessity of any Precept or Charge to follow thereon but that the Poynding and Apprysing so used by vertue of the said Warrant is and shall be as lawful and valid as if all the Solemnities requisit and usual in Poyndings were observed conform to the foresaid Act concerning the Militia in all Points according to which the Numbers of Men to be Outreiked for Our Service in this present year were to be furnished OUR WILL IS HEREFORE and We Charge you strictly and Command that incontinent these our Letters seen ye pass to the Mercat-Cross of Edinburgh and to the Mercat-Crosses of the remanent Head-Burghs of the several Shires and Stewartries within this Kingdom and there in Our Name and Authority by open Proclamation make Intimation hereof that none pretend Ignorance And We hereby Ordain Our Sollicitor to Transmit Copies hereof to the several Clerks to the Commissioners of Supply of the several Shires and Stewartries within this Kingdom And We Require and Command them to give Advertisement in Writing to the several Leaders within their Bounds of the days prefixed for Delivery of their said Men or the said twenty four Pounds Scots and of the Certification and Penalty above-set-down in case of failȝie with the Execution to follow hereupon for exacting thereof as they will be Answerable And Ordains these Presents to be Printed and Published Given under Our Signet at Edinburgh the tenth Day of February And of Our Reign the eight Year 1697. Per Actum Dominorum Secreti Concilii GILB ELIOT Cls. Sti. Concilii GOD Save the KING Edinburgh Printed by the Heirs and Successors of Andrew Anderson Printer to His most Excellent Majesty Anno DOM. 1697.