Act anent the Maintenance of the Armie for nine Moneths, and for Retention of one and a half of the Anualrent of eight of the Hundred.
THe Estates of Parliament now conveened, in this sixth Session of the first Triennall Parliament, Taking to their serious Consideration the long continuance of the present rebellion of our unnatural Country-men, and of the invasion from the Irish, and the great expences that they must sustaine for suppressing of the same, and carrying on of the War; and how necessary and incumbent it is to them, that some solid & setled way be provided for the constant maintenance of the forces, Horse & Foot; Have therefore concluded, that six thousand Foot, twelve hundred Horse, two hundred and ten Dragooners shall be intertained and keeped upon pay, towards the prosecution of the War against these Rebels and Invaders, untill the same, by the blessing of the God of Hostes, he brought to an happy end; Have therefore thought fit to statute and ordain, Like as for that effect they enact and ordain, that ilk Shire and Burgh within this Kingdome, shall be lyable and oblieged, in payment of the particular sums of money, and that Monethly, and with the Suspension underwritten, for the intertainment of the Forces, Horse, Foot, and Dragooners above written, and that for the space of nine Moneths, (whereof the most part of the first Moneth is already assigned by a former Act, towards the payment of the Regiments which served at Philip-Hauch) beginning the first termes payment from the tenth of January last-by-past, and so forth, after the expiring of that Moneth, to continue for other eight Moneths thereafter, untill the tenth of October next ensuing. But because the most part of that Moneths maintenance is either assigned or payed, and that the Forces abovementioned is ordained to pay all their intertainment, and take no free Quarters, which the Estates have ordained to be refounded unto them at the end of the Moneth, after their ingagement: Therefore it is statute and ordained, that for payment of their bygone Moneth, the Shires and Burrows shall readily pay, and deliver to Sir John Weemes of Bogie, Generall Commissar, and Collector of this Kingdome, who is heereby appointed to pay the Regiments their severall proportions of Monethly maintenance, according [Page 2]to the divisions after following, that portion of the said first Moneths maintenance not formerly assigned, and also to pay and deliver unto him the whole other eight Moneths maintenance, and that Monethly, beginning the payment for the second Moneth upon the first day of March, for payment of the present Armie, betwixt the tenth day of February, to the tenth day of March, in respect the said interveening dayes, are the least which can be allowed for in-gathering of this maintenance, and so forth Monethly thereafter from each first day of the Moneth to another, during the continuance of this present maintenance, except what is suspended in manner after mentioned.
Followes the sums payable by the Shires, which is underwritten, and that Monethly, by the space of nine Moneths, from the tenth of January last bypast, to the tenth of October next to come, viz. Orkney of Monethly pay, 1143. l. Innernes, 4176. l.. Caithnes, 945. l. Cromartie, 99. l. Sutherland, 423. l. Nairne, 315. l. Elgine, 1890. l. Aberdeene, 6543 l. Bamfe, 1431. l. Kincardine, 1566. l. Forfar, 5004. l. Perth, 8001. l. Fife, 6642. l. Striveling, 2538. l. Kinros, 144. l. Clakmannan, 522. l. Edinburgh, 4167. l. Linlithgow, 1746. l. Hadingtoun, 3384. l. Berwick, 3555. l. Roxburgh 5778. l. Selkirk, 1278. l. Pebles, 1638. l. Lanerk, 5382. l. Air, 6066. l. Wigtoun and Stuartrie of Kirkcudbright, 4374 l. Drumfreis, 4446. l. Renfrew, 2205. l. Dumbartan, 1233. l. Argyle, 2907. l. Bute, 459. l.
Follows the sums payable Monethly by the Burrows, conform to their taxt Roll, viz. Edinburgh, 5175. l. Perth, 810. l. Dundie, 1200. l. Aberdeene, 1260. l. Striveling, 240 l. Linlithgow, 324. l. S. Andrews 780 l. Glasgow, 1530. l. Air, 342. l. Hadingtoun, 324 l. Dysert, 270. l. Kirkcaldie, 600. l. Monrose, 324. l. Cowper, 216. l. Anstruther easter, 180. l. Drumfreis, 270. l. Innernes, 450. l. Breechen, 120. l. Irwing, 252. l. Elgine, 135. l. Jedburgh 126. l. Kirkcudbright, 80. l. Wigtoun, 135. l. Pettinweyme, 120. Dumfermline 162. l. Dumbartan, 162. l. Renfrew, 90. l.. Lanerk, 162. l. Aberbrothok, 81. l. Bruntiland, 216. l. Pebles, 108. l. Carrail, 216. l. Kinghorn, 108. l. Tayne, 90. l. Selkirk, 126 l. Anstruther wester, 54. l. Culros, 90. l. Dumbar, 180. l. Bamfe, 72. l. Whithorn, 45. l. Forfar, 27. l. Rothesay, 60. l. Forres, 54. l. Rutherglen, 45. l. Northberwick, 36. l. Culane, 27. l. Narne, 36. l. Lawder, 45. l. Innerkeithing, 90. l. Kilrynnie, 27. l. Annand, 30. l. Lochmaben, 18. l. Sanquhare, 27. l. Galloway, 9. l. Dingwal, 18. l. Queensferrie, 108. l. Dornoch, 10. l.
And for the better inbringing and collecting of the foresaids sums of money, for payment and intertainment of the forces abovewritten, as well Officers as Souldiers, The Estates of Parliament Nominates and Appointes the said Sir John Weymes of Bogie Generall Commissar, Thesaurer, or Collector of this Kingdome for the said Army, with power to him to appoint Deputes one or mo in each Shire: And that other Collectors in such Burghs and Parishes be appointed by him in suchlike manner, as is contained in the Act of Loan and Taxt; which Collector deputes as well of Shires as Parishes, and Clerks of Shires for that effect, shall have such Fees as is allowed in the Act of Convention, made anent the in-gathering of the Loan and Taxt, and that to be uplifted out of the said Shires and Parishes within the same, by and attour the Monethly maintenance, and the Burghs to be free, in respect they collect [Page 3]their proportions upon their own charges; And with power to the said Generall Commissar and Collector foresaid, to appoint a Clerk of collection whom he shall be pleased to nominate, and for whom he shall be answerable; Which Clerk of collection so to be appointed by him, Shall have the sum of two hundreth Merks Sterling, to be payed out of the said Monethly Maintenance for his paines and charges which he must undergoe in collection of the Moneths Maintenance above written: And it is Declared, and Ordained, That the Letters and Charges to follow upon this present Act, for imlpement of every Head and Article thereof, shall bee raised and direct at the instance of the said Sir John Weymes Generall Commissar and Collector foresaid, against the Subcollectors of Shires, Magistrates of Burrows, Collectors of Parishes, Heritors, Fewars, Liferenters, and others adebted in payment of their severall proportions of the Maintenance now imposed, with reservation of the suspensions underwritten, in the same manner, and with the same provisions and certifications as is contained in the Act of convention of Estates made for the Loane and Taxt, and that they have Letters of relief as is ordained by the said Act of convention.
And for the more speedie ingathering of this Maintenance: It is ordained, if any Shire, Burgh, or Person therein designed, be deficient in paying of their Monethlie proportion, That the said Generall Commissar shall have Power, Authorite, and Warrand, to raise in each Shire eight or ten Troupers to be intertained at the ordinary rates, and present establishment to bee payed to them by the deficients, by and attour their proportionable Maintenance; And ordains the Committee of Warre within each Shire respectivè, to be aiding and assisting to the said Thesaurer, both in furnishing of Troupers, and inbringing the Maintenance: Or otherwise, The Estates of Parliament hereby gives him power to require orders from the General Officers, that they would command such a number of their nearest lying and adjacent Souldiers, Horse, or Foot, as he shall demand, to repaire unto him and bee directed by him, for inbringing and uplifting of that proportion of the said Maintenance which shall not be readily payed, and these to have free Quarters by direction of the said Generall Commissar or his Deputes in the severall Shires, upon the Deficient Shires, Burghs, or Persons, ay and while they make ready payment of their part of the said Maintenance: And the Estates ordaines the Generall Officers, To readily answer the said Thesaurer his desire foresaid.
And because it is conceived by the Estates of Parliament, That sundrie Shires or parts thereof, or Burghs, are burnt, wasted, or so ruined, That they are not able to make reall and ready pament of the aforesaid summes imposed upon them for the Maintenance; Therefore untill some tryall bee made of their true condition, They have thought fitting to grant suspension: Likeas, they hereby do suspend the exaction of the particular summes underwritten from the Shires and Burghs following, In manner, and conforme to the limitations aftermentioned, viz. From the Shirefedome of Innernes, 2000. l. From the Shirefdom of Sutherland, 200. l. From the Shirefdom of Nairne, 315. l. From the Shirefdom of Elgine, 1000. l. From the Shirefdom [Page 4]of Aberdene, 6543. l. From the Shirefdom of Bamf, 1431. l. From the Shirefdome of Kincardine, 400. l. From the Sherifdome of Forfar, 500. l. From the Sherifdome of Pearth, 3000. l. From the Shirefdome of Sterling, 1200. l. From the Shirefdom of Kinrose Shire, 72. l. From the Shirefdome of Dumbartan, 633. l. From the Shirefdom of Argile, 2907. l. From the Shirefdome of Bute, 459. l. Item, for the Burrows, viz. From Pearth, 500. l. From Aberdene, 1260. l. From Strivling, 80. l. From Innernes, 450. l. From Breechen, 120. l. From Elgine 80. l. From Dumbartan, 162. l.From Bamf, 72. l. From Rothesay, 60. l. From Culane, 27. l. From. Nairne, 36. l. From Taine, 45. l. From Forfar, 27. l. From Forres, 54. l. From Dornoch, 18. l.
Of the which sums immediatly abovewritten hereby suspended, It is declared, That the Generall Commissar or his Deputes, shall sute no exaction nor payment before the tenth of May next to come for such Shires and Burrows as are besouth the water of Dee, and the tenth day of June next for the Shires and Burrows benorth the water of Dee, Betwixt and the which time the Shires and Burghs who have not already taken out Commissions, are appointed hereby to take out Commissions from the Parliament, or any Committee established or to be established by them, for cognition of the losses direct to such as they respectively shall nominate to try and report; That the Lands and Burghs are burnt and so wasted, that they are totally disabled to pay rent, or if they be able to pay any rent, that they shall pay proportionable Maintenance, which shall bee reported to the Parliament or their said Committee; That accordingly as they allow or disallow thereof, the foresaid suspended part of the Maintenance may be payed or discharged. And incase of the delay or failȝie of the Commssioners for Shires and Burghs, to take out the saids Commissions and make the report before the dayes prefixed, The Generall Commissioner is hereby warranted to charge them for the whole Maintenance, without consideration of the forefaid suspension: And for the greater evidence herein, It is ordained, that betwixt and the first of April next to come, the valuers of these Shires, whereof any part of the Maintenance is presently suspended, Shall deliver to the said Generall Commissar, or any Collector whom he shall appoint in each Shire respectivé, a particular list and accompt of these Lands, whereupon that part of the Maintenance presently payable without suspension is imposed; With certification to the saids valuers in case of failȝie of performance hereof before the said day, They shall be subject in payment of that part of the Maintenance, which is payable without suspension.
Item, It is ordained, That the Moneths Maintenance payable betwixt the tenth of Februar last by past, and the tenth of March next to come, Shall be really payed, without any deduction for Quarterings in that time, But that the Quarterings of the new modelled Army and no others disbanded, shall be allowed in the first end of the Maintenance for the subsequent Moneths after the said tenth day of March, and that the same shall bee deduced and discounted by the Generall Commissar to the Heritors, Fewars, or Liferenters of the first of their Maintenance, payable by them respectivè, after the said tenth day of March, and thereafter to bee charged by the said Generall Commissar [Page 5]upon the Regiment accounts, for the Moneths subsequent to the said tenth day of March: It is alwayes provided, That these Quarterings shall be proven and instructed, conforme to the Acts of Parliament made or to be made thereanent.
Further, It is enacted, statute, and ordained, That every debter shall have retention from the Creditor of the quantity of one and a halfe of each eight payable for anualrent; So that the debter shall onely be lyable in payment of six and an halfe of anualrent of ilk hundreth of Stock, and that from the terme and time of Lambmesse, 1646. To the terme of Lambmesse next to come, 1647. And so forth proportionably thence to the last day of October next thereafter following▪ With this declaration and provision alwayes, That no Person Debter whatsoever, shall have the foresaid benefit of retention, who shal not pay his anualrent to the Creditor within the space of ane year out run, after that ane preceding yeares anualrent is fully restand awand unpayed: And it is declared hereby, That whatsomever Debter hath beene payed their anualrents at eight per centum before the date hereof, at the feasts of Martimesse, or Candlemesse now last by past, Shall have deduction of the Creditor in their next tearmes anualrent, of so much as is ordained by this present Act to be deduced from Lambmesse last bygone, to the said time of the payment of the said anualrent: And it is also hereby specially provided, That whatsoever Creditor shall take hereafter, Band, Promise, or Condition from his Debter, for payment to him of the haill anualrent at eight per centum, without retention or allowance of the said deduction of the ane and a halfe for the hundreth, during the time prescribed by this Act, Or shall not grant the retention foresaid, Shall bee conveened and censured as ane usurer, notwithstanding of any such paction by word or Writ.
And sicklike, It is Declared, Statute, and Ordained, That no retention of this present Maintenance shall be granted for any Debts, Cause, or Occasion whatsomer, and that no exemption other nor is abovewritten for burnt or wasted Lands as is formerly exprest, shall be granted from this present Act and Ordinance to any Person or Persons; Except onely for Lands, Rents, Anualrents, and other duties mortified to Colledges, Schooles, Hospitalls, Ministers and Schoolemasters Stipends, and for upholding Kirks and Bridges; But that all other Heritors, Liferenters, Taksmen, Titulars, Proper-Wodsetters, Pensioners, Conjunctfiers, Ladytercers, and others subject to the valuation within Shires and Burghs, shall bee lyable to their proportionable part of this Maintenance, conforme to the Act already made hereanent in this Session of Parliament, of the date the tenth day of December last by past; And that the Lands and Teinds shall pay as they lye locally in Shires or Burghs, Conforme to the Act of convention for the Loane and Taxt, and former Act of Maintenance.
And lastly, Where there is any wrong done in valuation, The saids Estates appoints the valuers of each Shire or Quorum thereof, or of so many as are on life, and not censurable by the Act of Parliament anent the Classes, To meet and rectifie the same at any time and place as they shall appoint: Declaring alwayes, That this warrand for a new valuation shall be no hinderance [Page 6]nor diminution to the Maintenance presently imposed: and where there is not a full Quorum the valuers on life and not censurable, That the number bee supplied by the Parliament or Committee of Estates; And for the Burrows part, it shall be rectified and changed according as their Taxt roll shall bee altered, there being no diminution of the totall summe: And further, It is ordained, That no suspension bee granted without consignation, as is appointed by the Act of Maintenance of the 27 of Februar, 1645. And that all Heritours within Burghs, and Pendicles and Liberties thereof (including for Edinburgh Pendicles thereof, the Houses, Tenements and Yeards, in Leith, Cannnogate, and Pleasance, Whereof the Town is either Proprietors, or Superiors, and for the other Burrows all that hath beene in use to bee Taxt with them) Shall contribute with them for payment of the Maintenance, conform to thir two clauses of the said Act, which are holden as insert, and repeated in this present Act; But prejudice of the Lords of Session their Priviledges, conforme to the former Acts of Maintenance: And ordaines this present Act to bee Printed: As also, Ordaines the foresaid Act of the convention of Estates, anent the Loane and Taxt to bee reprinted.
Act of the Convention of Estates, Holden at Edinburgh the fifteenth of August, 1643. for the Loane and Taxt.
FOrsameikle as the Kings Majestie and Estates of this Realm▪ in the late Parliament, taking to their Consideration the Rebellion in Ireland, and danger upon that occasion threatned against the Protestant Religion, Did thereupon, and out of their affection to the Kingdome of England, make offer to the said Kingdom of a supply of ten thousand men from this Kingdome, for suppressing of that Rebellion, To be entertained by the Parliament of England▪ according to the Capitulation made thereanent by the Commissioners sent from the Parliament of this Kingdome, With instructions sent from the Lords of Privie Councell thereof; And accordingly the said supply being put over upon the great Charges of this King dome, such have been the great necessities and wants of that Army, as well Officers as Souldiers, not only through default of their ordinary pay, but also off victuall in the sparest measure, and all other necessaries, That the Lords of Privie Councell, unto whom the care of that army was entrusted by the Parliament, and who did accordingly undertake for the same, Have been put to great trouble and charges, both by engaging themselves, and with them also the Commissioners for the peace and common burdens, As also by their joint invitation of the well-affected subjects of this kingdome to contribute sums of money for entertainment of that Army, and payment of the arreares thereof, which they are obliged to pay with the ordinary anuall rent; And howsoever considerable sums have been by their painfull ondevours received, Notwithstanding, such have been the pressing miseries of that Army, in regard of the unhappy distractions in England, disabling the Parliament thereof, according to their obligement to entertian them, as they have exprest in their severall Declarations sent to the Lords of His Majesties Privie Councel; And such have been the difficulties occurring to the saids Lords of Privie Councell, Commissioners of Peace, and common burdens, touching the farther entertainment of that Army, which they found unpossible for them any longer to undergo, as they were moved from their affection to this Majesties service, and sense of the distresse of their brethren; For this and other the like extreme exigency, nearly importing the good of this Kingdom, to call this Convention of Estates, by whose authority they [Page 8]might more warrantably proceed in matters of so great importance: And the saids Estates having accordingly taken to their consideration the condition of the said Army, and the whole course and procedure concerning the same, as is before exprest.
Therefore, and for divers other considerations moving the saids Estates, they have thought fit, statute and ordained, Like as by thir presents they statute and ordaine, The summe of twelve hundred thousand marks Scots money, together with the sum of one hundred thousand marks money foresaid, as allowance for charges of ingathering of the same, to Collectors, Clerks, and others necessary members, and for allowance of exemptions for mortifications, and the Lord Chancellour and fifteen ordinary Lords of the Session, persons exeemed, as is after specified, To be uplifted by way of Loane, out of the severall Sherifdomes and Burrows of this Kingdome, in manner as is after divided: viz. The saids Burrowes one sixth part of the principall summe, extending to 200000. marks, and the severall Sherifdomes of this Kingdome to pay the remanent of the saids sums, conform to a particular roll made and set down thereanent, and subscribed in presence of the saids Estates by the Lord Chancellour, to remain in Record in the bookes of Convention and Collection; Which whole sums of money to be lent, as said is, as well to Burgh as landward, shall be delivered to the Collectors, and others having power from the saids Estates, betwixt the date hereof, and the second day of February next to come 1644. yeares.
And because the summes of money presently to be lent, are not to be ingathered aff the shires, as taxations have been, or by the divisions of Temporalities and Spiritualities, But rather is thought fit that the same may be uplifted out of the lands, teinds, and others, as they lie locally in every Sherifdome promiscuously, conforme to the said roll subscribed as said is.
Therefore it is thought necessary that severall Sub-collectors be appointed through the whole Kingdome, in ilk shire or shires one or more; Which Sub-collector or Collectors, so to be appointed, shall be charged with the whole sums of moneyes to be lent by the shire or shires where he or they shall be Collector.
And to the effect the saids Sub-collectors may have letters of relief against the severall persons to be contained and set downe in the Rolls after-mentioned:
Therefore the saids Estates have nominate the persons following: viz. For the Sherifdome of Orkney, Thomas Buchanan of Sound, Sherif of Orkney, and Patrick Smith of Braco, Conveeners for the first meeting (and thereafter the rest of the Shire to choose their own Conveeners) Jamis Baikie of Tankernes, Adam Ballinden of Stanehouse, James Mudie of Melsetter, Patrick Balfour of Feary, Edward Sinclar of Gyre.
For the Sherifdomes of Innernes and Cromertie, Sir John Mackenȝie of Tarbet, Master Alexander Mackenȝie of Kilcowie, Conveeners for the first meeting (and thereafter the rest of the shire to choose their own Conveeners) Walter Innes of Innerbraiky, Coline Mackenȝie of Kincraig, [...] Monro of Obstail, Alexander Dumbar of Bennetsfield, Robert Innes of Roskeene, Hugh [Page 9]Fraser of Belladrum, John Grant of Lurgie, John Maccleud of Dunevegan, Neil Macneil of Baro, Sir James Fraser of Bray, [...] Rosse of Pitcanie, Walter Rosse of Kindrosse, Thomas Rosse of Priesthill.
For the Sherifdome of Caitnes, Sir James Sinclar of Murtill, David Sinclar of Dun, Conveeners for the first meeting (and thereafter the rest of the Shire to make choice of their own Conveeners) James Sutherland of Forse, David Cogle of that Ilk, John Sinclar of Scrabster, James Sinclar of Brymnes, John Innes of Stuister.
For the Sherifdome of Sutherland, Sir Alexander Sutherland of Duffus, Robert Murray of Pulrossie, Conveeners for the first meeting (and thereafter the rest of the shire to make choice of their Conveeners) Robert Gray of Creich, Walter Murray of Pitgourdie, Alexander Gordoun of Carrell, Hugh Mackye of Skowrie, Robert Gray of Boltoun.
For the Sherifdome of Nairn, George Campbel brother to the Laird of Caddel, William Dollace of Contra, Conveeners for the first meeting (and thereafter the rest of the shire to make choice of their own Conveeners) Hugh Rosse of Kilraok, Alexander Broddie of Lethin, John Grant of Moynes, William Rosse of Clava, Thomas Dumbar Tutor of Grange, Patrick Paplay of Broomhill.
For the Sherifdom of Elgin, Sir Robert Gordoun of that Ilk, Sir Robert Innes of that Ilk, Conveeners for the first meeting (and thereafter the rest of the Shire to make choice of their own Conveeners) Sir Alexander Sutherland of Duffus, Master John Hay Provest of Elgin, Alexander Dumbar of Westfield, Ninian Dumbar of Grangehill, James Gram of Frewchie, John Cuming of Racowcas.
For the Sherifdome of Aberdeen, the Lairds of Drum and Phillorth to be Conveeners for the first meeting (and thereafter those of the Shire to choose their own Conveeners) Robert Farquhareson of Innercald, John Irwing of Beltie, Alexander Straquhan of Glenkendie, Sir William Forbes of Craigievar, M r William Davidson of Cairnie, Sir Gilbert Meinȝies of Pitfodells Thomas Erskine of Pittoddrie, M. Robert Farquhare of Munie, M. Robert Gordoun of Pitlurg [...] Gordoun of Cokclarochie, John Owdnie of that Ilk, James Hay of Muryfauld, Robert Irwing of Fedret, William Keith of Clakriach.
For the Sherifdome of Bamffe, Alexander Ogilvie Kempcarne, Thomas Abercrumbie of Skeith, Conveeners for the first meeting (and thereafter those of the Shire to choose their own Conveeners) James Stewart of Ordeins, Walter Grant of Mellers, Alexander Ogilvie of Knok, James Barclay of Kinminnettie, Alexander Lesly of Auchindoun, John Grant younger of Ballindalloch.
For the Sherifdome of Kincardin, Sir Alexander Falconer younger fiar of Hackerton, Sir Alexander Carnegie of Pittaro, Conveeners for the first meeting (and thereafter those of the Shires to make choise of their own Conveeners) Sir Robert Grahame of Morphie, Six Gilbert Ramsay of Balmain, Robert Keith of Whiterigs, Sheriffe depute of Kincardin, Patrick Falconer of Newton, John Barcley of Johnston, John Falconer fiar of Newton.
For the Sherifdome of Forfar, Robert Arbuthnet of Findowry, Sir Alexander Carnegie of Ballnamoon, Conveeners for the first meeting (and thereafter [Page 10]the rest of the Shire to make choise of their own Conveeners) John Lord Loure, Peter Young of Seaton, William Ruthven Gairn, M. James Durhame of Pitcairo, James Vicount of Dudop, William Durhame elder of Grange, M. William Durhame of Omaquhie, [...] Maxwell of Telin, James Lord Couper, James Crichton of Ruthven, Sir William Blair of Bagillo [...] Lyon of Brigton, Henry Mauld of Melgume, Thomas Fothringham of Dununne.
For the Sherifdome of Perth, The Lairds of Inshbrakie, and Inshture, Conveeners for the first meeting (and thereafter to make choise amongst themselves) Thomas Blair of Baltheyok, Sir Thomas Ruthven of Frieland, John Oliphant of Bachilron, Peter Hay of Leyis, Six Patrick Ogilvie of Inshmartin, Sir Robert Campbell of Glennorquhie, Alexander Menȝies of Comrie, Patrick Ratra of Cuaighall, Gilbert Campbell of Keithik, John Blair of Ardblair, M. Patrick Murray fiar of Ochtertyre, James Drumond of Milnab, Sir John Hadden of Glenegies, William Sterling elder of Auchyle.
For the Sherifdome of Fyfe and Kinros, the Lairds of Scotscraig, and Danemilne to be Conveeners for the first meeting (and thereafter to make choise among themselves) Sir James Halket fiar of Pitfirrane, William Monteeth of Randefoord, John Henderson of Fordell, Robert Dempster of Balbougie, Sir George Hammiltoun of Blaikburn, Sir John Weymes of Boegy, M. Robert Ayton of Inshdairnie, Sir Andrew Skeen of Halyeardis, Sir James Arnot of Fairnie, Sir John Ayton of that Ilk, James Maegill of Rankelour elder, George Hay fiar of Nachtoun, Sir Thomas Myreton of Cambo, M. James Reid of Pitlethie, William Forbes younger of Rires, Sir William Douglas of Kirknes, and David Balfour of Ballo.
For the Sherifdome of Sterling, [...] Murray of Polmaes John Rollok of Bannokburn, Conveeners for the first meeting, and thereafter the rest of the Shire to make choice of their own Conveeners, fir Thomas Nicolson of Carnok, William Levingstone of Wastquarter, William Rosse of [...] John Sterling of Harbertshire, sir James Levingston of Bancloth, [...] Stirling of Glorat, [...] Kinked of Archinreach, [...] Hamiltoun of Baldoure, William Blair of Fenik, John Lennox of Cairneshokle, M. William Cunningham ok Balindalloch, M. Robert Naper of Kilcrewch, James Stirling of Balwill, Alexander Cunningham of Baquhane.
For the Sherifdome of Clakmannan, Sir Charles Erskin of Bandeth, Sir Robert Bruce of Clakmannan, and Sir Alexander Shaw of Sauchie, Conveeners for the first meeting, and thereafter to make choice amongst themselves, Master Robert Bruce of Kennet, James Hadden of Myreton, William Graham of Hilton, William Reid of Craigheid.
For the Sherifdome of Edinburgh, Sir Archibald Johnstoun of Wariston, and the Laird of Libberton, to be Conveeners for the first meeting, and thereafter to choose among themselves, Sir Patrick Hammiltoun of little Preston, Sir William Scot of Clerkington, David Macullo of Guidtrees, M. John Inglis of Nether-Cramond, M. David Andersoun of Hill, M. John Cant of Pentland, Marke Kersse of Cokpen, M. Samuell Johnstoun of Scheans.
For the Sherifdome of Linlithgow, The Lairds of Daundas and Balbachlaw, Conveeners for the first meeting, and thereafter to make choice among [Page 11]themselves, William Drummond of Riccarton, Sir Walter Murray of Levingstoun, George Dundas of Dudingstoun; Sir Robert Drummond of Medop, M. George Dundas of Maner, M. James Hamiltoun of West-port, Samuell Drummond of Carlowrie.
For the Sherifdome of Hadingtoun, Sir Patrick Hepburne of Wachtoun, and Sir Adam Hepburne of Humbie, Conveeners for the first meeting, and thereafter to choose among themselves, M. [...] Hepburne of Smeitoun, Patrick Inglis of Eivingstoun, M. James Sydserffe of Rauchlaw, John Hepburn of Craig, M. Alexander Hay of Bara, William Cairnes of Pilmoore, George VVood Neumilnes.
For the Sherifdome of Berwik, The Lairds of Aitoun and Blaikader, Conveeners for the first meeting, and thereafter to choose among themselves, George Auchinlek of Cumledge, Alexander Home of Restoun, Alexander Home of Rollandstone, James Home of Castell-law, M. Alexander Home of Saint Leonards, M. George Home of Kymergem, William Home of Linthill.
For the Sherifdome of Roxburgh, The Lairds of Stobbs and Cavers, Conveeners for the first meeting, and thereafter to make choice amongst themselves. Sir Walter Riddell of that ilk, Master George Douglas of Bonne-Jedburgh, John Ker of Lochtour, Robert Pringle of Stichell, John Scot of Gorranberrie, Walter Scot Gaudielands, M. Gilbert Ellot of Craig end, James Pringle of Buckholme, John Scot of Heidshaw, John Rutherfoord of Capehope, Robert Landlans of that ilk, Walter Riddell portioner of Bewley, Andrew Bell of Mow, Andrew Ker of Sinles.
For the Sherifdome of Selkirk, The Lairds of Harden and Whitsleid Conveeners for the first meeting, and thereafter to choose amongst themselves, James Pringle of Torwoodlie, James Pringle of Whitebank, Neil Scot of Gallascheills, William Scot of New-wark, Robert Scot of Hartwoodmyres, Robert Scot of Bowhill, Francis Scot of Synton.
For the Sherifdome of Peibles, Sir Alexander Murray of Blakbarronie, Sir David Murray of Stonehope, Conveeners for the first meeting, and thereafter to make choice among themselves, Sir Michael Naesmith of Posso, M. James Lawson of Cairnmure, Robert Hunter of Polmood, Andrew Hay of Hayston, William Govan of Cardrona.
For the Sheriffdome of Lanerk, The Lairds of Belstane, and Dalserff, Conveeners for the first meeting, and thereafter to choose amongst themselves, Sir James Hamiltoun of Fingletoun, Edward Hamiltoun of Sillertonhill, Gavin Hamiltoun of Raploch, William Baillie of Carphin, Robert Hamiltoun of Aikinheid, [...] Crafurd of Kibbers, Andrew Hamiltoun portioner of Overtoun, Sir William Baillie of Laminton, Sir William Carmichell fiar of that ilk, George Weir of Blaikwood, John Bannatine of Corhous, James Hamiltoun of Halcraig, James Winraham of Wolstoun, M. John Carmichell Commisser of Lanerk, James Hamiltoun of Sandieholme, James Hamiltoun of Boigs.
For the Sheriffdome of Air, The Lairds of Rowallan, and the Laird of Corsby, Conveeners for the first meeting, and thereafter to choose amongst themselves, Hew Campbell of Cesnoke, James Chalmer of Gadgirth, Sir William Cochrane of Coudoun, Allan Cathcart younger of Cairnehill, Robert Ferquhar [Page 12]of Gilmicroft, Neill Montgomrie of Langshaw, Robert Montgomrie of Hisfilheid, John Crafurd of Crafurdland, David Kennedie elder of Kirkmichell, Thomas Boyd of Pankill, Gabriell Porterfield of Hapland, John Cunninghame of Bordland, Henry Kelso of [...] John Mac-Alexander of Corsclayes, John Macclevin of Grimmet, M. Adam Cunningham of Priviks.
For the Sheriffdome of Wigtoun and Stewartry of Kirkcudbright, The Laird of Garthland, and the young Sheriffe of Galloway, Conveeners for the first meeting, and thereafter to make choice among themselves, Sir Patrick Makgie of Large, John Makgie of Balmagie, William Grierson of Bargaltoun, Alexander Gordoun, of Erlestoun, James Rosse of Banneill, John Mackulloth of Mertoun, John Fullerton of Carletoun, Robert Mackullo of Drummorell, George Glendoning of Mochrumi, VVilliam Gordoun of Crachlaw, Uchtry Mackdowgall of French, Patrick Agnew of Sewchram, Richard Mure of Cassincarthy, Thomas Makclellan of Colin, Patrick Agnew of Barneweil, Iohn Stewart of Shambelly, VVilliam Glendoning Provest of Kirkudbright, Iames Lafreis.
For the Sheriffdome of Drumfreis, The Laird of Lag and [...] Conveeners for the first meeting, and thereafter to make choice among themselves, M. George Douglas of Pymurie, Thomas Ferguson of Caitloch, Iohn Creightoun of Crafoord John, James Douglas of Mortoun, William Maxwell of Steilstoun, Iohn Grierson of Chappell, Hugh Charters of Glencorse, Alexander Ferguson of Ile, James Douglas of Mousewall, Robert Charters of Douchra, Iames Iohnstoun of Corheid, Andrew Iohnstoun of Locherby, Matthew VVilson of Greenhill, Francis Scot of Cartertoun, Iohn Kennedie of Halklaithes, Archbald Dowglas of Dronock.
For the Sheriffdome of Renfrew, the Laird of Grenock, and [...] Conveeners for the first meeting (and thereafter to meet and choose amongst themselves) Sir Lodowick Houstoun of that ilk, Iohn Birsbane of Bishoptoun, Alexander Portetfield of that ilk, [...] Pook elder of that ilk, [...] Caldwall of that ilk, Iohn Maxwell of Southbarre, Iames Orr of Langfillie.
For the Sheriffdome of Dumbartan, the Laird of Fulwood, Conveener for the first meeting (and thereafter to choose amongst themselves) VValter Makaula of Ardincaple, Iohn Naper of Kilmahew, Robert Hall of Fulbarre, Robert Cochrane of Bellarmik, [...] Carshore of that ilk, Iohn Colquhone of Kilmadymne, Hugh Craford of Claverhill, Iohn Dennestoun of Dalquharrie.
For the Sheriffdome of Argyle, the Lairds of Glenurquhie, and Auchinbrek, Conveeners for the first meeting (and thereafter to choose amongst themselves) Iames Campbell of Arkinelies, Archbald Campbell of Kilmure, Sir Lachlane Makclene of Dowart, Archbald Campbell of Dunstaffnik, Sheriffe depute of Argyle, George Campbell, [...] Hector Makneil.
For the Sheriffdome of Bute, the Laird of Skelmorlie, Conveener for the first meeting, Sir Iames Stuart of Kirktowne, Ninian Stuart of Kilcatton, Ninian Stuart elder of Ashcock, Hector Bannatyne of Kaynes, Iohn Stuart of Alismore, Neil Makneil of Kilmore, Iohn Campbell sometime Provest of Rothsay.
Who shall conveene with the whole Heritours, Life-renters, Taksmen, [Page 13]Titulars, proper Wad-setters, Pensioners, Conjunctfiers, Lady tercers, and others, within ilk one of their saids Sheriffdomes respectivè, Or at least with so many of the saids persons as shall bee conveened for the time, upon the first Tuesday of October next, as the first day of their meeting appointed for the whole Shires of the Kingdome: And to the effect the same may be known to the whole lieges:
It is ordained, that the Conveener or Conveeners of the shires before named, shall cause intimate the said meeting at the Market crosse of the head Burgh of the shire with all convenient diligence, and at every Parish Kirk thereof, immediatly after Divine Service, upon any Sunday preceding the 22. day of September next, and to meet ilk shire at the places following, viz. The Sheriffdome of Orkney at the town of Kirkwall, the Sheriffdome of Caitnes at the town of Thursay, the Sheriffdome of Sutherland at the towne of Dornoch, the Sheriffdomes of Innernes and Cromertie at the Burgh of Innernes, the Sheriffdome of Narn at the Burgh of Narn, the Sheriffdome of Elgin at the Burgh of Elgin, the Sheriffdome of Bamf at the Burgh of Bamf, the Sheriffdome of Aberdene at the Burgh of Aberdene, the Sheriffdome of Kincardine at the towne of Stanehyve, the Sheriffdome of Forfar at the Burgh of Forfar, the Sheriffdome of Perth at the Burgh of Perth, the Sheriffdomes of Fife and Kinros at the Burgh of Cowper, the Sheriffdome of Clakmannan, at the town of Clakmannan, the Sheriffdome of Sterling at the Burgh of Sterling, the Sheriffdome of Renfrew at the Burgh of Renfrew, the Sheriffdome of Dumbartan at the Burgh of Dumbartan, the Sheriffdome of Argyle at the Burgh of Innerara, the Sheriffdome of Bute at the Burgh of Rothesay, the Sheriffdome of Lanerk at the Burgh of Lanerk, the Sheriffdome of Air at the Burgh of Air, the Sheriffdome of Wigtoun and Stuartrie of Kircudbright at the Burgh of Wigtoun, the Sheriffdome of Dumfreis at the Burgh of Dumfreis, the Sheriffdome of Roxburgh at the Burgh of Jedburgh, the Sheriffdome of Selkirk at the Burgh of Selkirk, the Sheriffdome of Peibles at the Burgh of Peibles, the Sheriffdome of Berwick at the towne of Duns, the Sheriffdome of Haddingtoun at the Burgh of Haddingtoun, the Sheriffdome of Edinburgh at the Burgh of Edinburgh, the Sheriffdome of Linlithgow at the Burgh of Linlithgow. And there the saids Conveeners, or any of them, with such other Commissioners as shall be conveened for the time, shall cause call by name and surname, the Heritours, Live-renters, Titulars, Taksmen of teinds, proper Wad-setters, Pensioners, Ladie tercers, and others within the saids Sheriffdomes, who bruike any benefit to landward, whereby any profit or commoditie ariseth, And by consent of them, or most part of them conveened for the time, shall make choice of a select number of persons, to bee joyned with the foresaids Commissioners, chosen by the Convention, to the number of eight persons, in the foresaids shires where there are sixteen chosen by the Convention, and to the number of three persons in the rest of the shires, being judicious, consciencious, and understanding men, who shall (as well these nominate as those to be elected) give their solemne oathes judicially at their first meeting, in presence of the said Conveener or Conveeners, who are hereby authorized to take their oaths, to doe uprightly and impartially, according to their best knowledge and information in the particulars following.
With power to the saids Commissioners, or most part of them conveened for the time, to make choice of a Clerk for writing and forming of the rolls after [Page 14]specified, and doing every other thing incumbent to the charge after following.
Which Commissioners so nominate and elected, shall use all lawfull meanes, according to the time, and if need bee, shall direct out summons at their own instances against any person or persons within the said shire, to compeere before them, and give them information upon oath or other wayes, with certification of a pecuniall summe, not exceeding fourtie pounds toties quoties, in case of contempt and refusall.
And with power to the saids Commissioners, to use all other legall way to informe themselves of the just and true worth of every person or persons thir present years rent of this cropt and year 1643. to landward, as well of lands and teinds, as of any other thing whereby yearly profit and commodity ariseth.
And that the worth of every person or persons, their lands, teinds and other commodities, where gressums and enteresse have been payd, be valued and set downe, not only as they pay to the Heritors, Liferenters, and other their Masters, but as the same are worth, and may pay presently, without respect of gressums or enteresse, and to divide the saids Rolls in particular Parishes, by making a Roll for every selverall Parish within the said Shire; Which Roll shall containe every particular Persons name, surname, and designation, with their saids years Rent, and Commodity within the said Parish, whether in Victuall, Money, or other Commodities.
And the said Victuall and Commodities to be converted into money by the saids Commissioners, upon their former Oathes, according as in every Parish the prices of selverall spaces of Victuall and Commodities shall rule for the time; deducing aff the saids Rents and Commodities what is paid forth thereof to Ministers, School-masters, Superiors, Taksmen, Life-renters, Colledges, and Hospitals; Which deduction aff the saids Life-renters, Taksmen and Superiours, shall be charged upon the saids Life-renters, Taksmen and Superiours, by Articles apart, together with any other Rent, any they have within the said Parish.
As also because it is necessary to be known what the said deductions of Ministers and School-masters stipends and exemptions extends to, It is appointed and ordained, that at the end of every one of the saids Rolls, Articles shall be set downe thereof: viz. One for the saids deductions of Ministers and School-masters stipends, and another for the saids exemptions of every Parish.
It is likewise appointed, that in the setting down of the saids Rols, this years constant land rent shall be distinguished from the other casuall rent, whereby yearly profit and commodity ariseth.
And for performing and perfecting of the saids Rolls, the saids Commissioners and others foresaids, shall appoint their several diets of meeting, betwixt the first Tuesday of October next to come, and the fifteenth day of November thereafter, which is appointed to be the last day peremptorily for perfecting and delivering of the saids Rols.
And which rols so perfected and concluded, shall be subscribed by the saids persons nominate and to be elected as said is, or most part thereof conveened for the time, and which particular rolls of every particular Person of every Parish, shall be kept in retentis within the said Shire in some trusty person or persons hands, not to be made publick, nor shown, except to the Collector of the said Parish, who must make use thereof, in uplifting of the sums due to be [Page 15]paid by the said Parish, unlesse upon occasion of question betwixt party and party, or betwixt the said Collector and party.
And after perfecting of the which rolls the said Commissioners shall draw up aff the saids particular rolls of Parishes a generall roll containing as many severall Articles as there are selverall Parishes or parcels of Parishes (if any be divided within severall Shires) which Articles shall be set downe in manner following: viz. A. B. for himself and remanent Heritours, Life-renters, and others within the Parish of D. for their proper rent of the said Parish, extending to the sum of [...] (victuall and others commodities being converted into money) their part of the said Loane extends to [...] and so forth, throughout the rest of the whole Parishes.
In the which roll there must be set down in cumulo the deductions of Ministers and School-masters stipends (if any be) in an Article.
Item, in another Article mortified and excemed rents, if any be.
And sicklike in setting down of the said Article for the whole Parish, it must be distinguished what thereof is constant land rent, and what is casuall rent.
Which generall rolls, containing onely an Article for every Parish within ilk Shire, being so set downe and subscribed by the Commissioners, or most part thereof conveened for the time, and containing the said Articles of deductions, and exemptions, and distinctions, in maner foresaid, shall be delivered by the saids Commissioners, or their Clerk, to the Sub-collectors of the said Shire appointed, or to bee appointed for that effect, betwixt and the said 15. day of November next to come, and by the said Sub-collector, to the Clerk of the said collection, that the same may bee a ground and warrand for raising of Letters thereupon against the saids Collectors of severall Parishes, or persons nominate in the saids generall rolls for every Parish.
And if any of the saids Commissioners hereby nominate, and to bee elected for setting down of the said roll, shall refuse to accept, or be negligent in doing their faithfull diligence therein; It is herefore statute and ordained, that letters shall bee direct to messengers of armes to command and charge every one of the foresaids persons to accept the said Commission within 24. hours after they be charged, and to do their exact diligence therein untill the finall close thereof, and to deliver the saids rolls subscribed by the betwixt and the said 15. day of November next to come, under the pain of rebellion, &c. And if they failȝie, to denounce and escheat, &c.
And incase the saids stent rolls shall not be set downe, perfected, subscribed, and delivered betwixt and the said 15 day of November next to come; In that case letters shall be direct against the saids Commissioners nominate and to be elected, to pay the whole sums of money to bee lent by the said shire, which Commissioners are ordained hereby to be the first payers thereof, in case they shall refuse or failȝie to set down, perfect, and deliver the saids rolls betwixt and the said 15. day of November next to come, under the pain of rebellion, &c. and if they failȝie to denounce and escheat, &c.
And it is hereby declared, that in the case foresaid of their neglect, as said is, and of their first payment of the summe to be lent by the said shire, In that case, and after payment thereof made by them, they shall have letters of relief against the whole Heritours, Life-renters, and others of the said Sheriffdome, conforme to the roll when it shall be made up and subscribed by them, or most part of them, as said is.
It is hereby also declared, that it shall be lawfull and leisome to every person or persons, (excepting the Commissioners nominate, and to be elected as said is) interest in the sums to be lent by the said shire, who cannot conveniently come to the saids meetings, to send their Procurators authorized by them in writ, who shall have such like power in doing every thing as they might doe themselves, if they were personally present.
It is hereby likewise declared, that incase any of the Heritours, Life-renters, Titulers, Taksmen of Teinds, proper Wad-setters or others within the said shire, shall not conveen at the day and dayes appointed, or to be appointed for that effect, it shall be leisome to the saids persons hereby nominate, or most part of them conveened for the time, to make and set downe the saids rolls, perfect, subscribe and deliver the same, in manner aforesaid.
And that the sums of money so to be lent by the saids shires, may be uplifted and inbrought, It is Statute and Ordained, that letters shall bee directed for charging the whole sub-collectours within ilk shire or shires, to make payment of the whole sums of money, due to be paid by the said shires, whereof they are or shall be appointed Sub-collectours, conforme to the said roll, subscribed by the said Lord Chancellour in presence of the said Convention, at the said Terme of Candlemas next, under the pain of rebellion, &c.
And for the saids Sub-collectours their relief aff the shires, It is statute and ordained that letters shall bee directed, charging the severall Collectours of every Parochin within the said-shire or shires, or persons nominate in the saids particular rolls for payment to the said Sub-collectour, or his deputies, of the sums contained in the saids rolls, and that within twenty dayes next after they be charged, if they be within this Kingdom: And if they be without the same, by open Proclamation at the Market Crosse of Edinburgh, Piere arid Shore of Leith, upon threescore dayes warning, under the pain of rebellion, &c. And if they failȝie, to denounce and escheit, and to poynd and distrenȝie, &c.
And for relief of the said Collectour of every severall parochine or persons nominate in the saids particular rolls, It is hereby statute and ordained, that letters shall be directed for payment making to them of the sums contained in the said particular rolls against every particular person or persons contained in the saids rolls, within eight dayes after they be charged, if they be within this Kingdome: And if they be without the same, by open Proclamation at the Market Crosse of Edinburgh, Peire and Shoare of Leith, upon 60. dayes warning, under the pain of rebellion, &c. With power to poynd and distrinȝie their readiest goods and geire that shall be found upon the ground of any of their saids lands, who shall not timously pay, whether the saids goods pertain to these liable in the said loane or not, which goods being so poynded, it shall not be necessary to carry them to the Market Crosse of the head Burgh of the shire, but onlxy to use the ordinary way of poynding and apprising upon the ground of the saids lands, together with the summe of twenty markes for ilk hundreth markes failȝie.
And for inbringing of the Burrowes part of the said loane, Ordains letters to be direct, charging the Provest and Bailies of ilk Burgh, to make payment of their part thereof (conforme to one roll to be subscribed by the Clerk of the Burrowes, or conform to the old roll,) To the said Collectour generall, his Deputies and officers in his name, having his power to receive the same at the said terme above specified, an if they failȝie, to denounce and escheat, &c.
And for their relief, that letters be direct, charging the Provest, Bailies and Councell within each Burgh to conveen and elect certain persons to stent their neighbours, and the said election being made to charge the persons elected to accept the charge upon them, in setting down the said stent upon the saids neighbours, and to conveene and set the same, and to make a stent roll thereupon as effeires, within twenty foure houres next after the charge, under the pain of rebellion: And if they failȝie, to denounce and escheit, &c.
And sicklike, the said stent roll being made and set down as said is, to charge the Burgesses, Indwellees, and Inhabitants within each Burgh, to make payment of their part of the said loan to the said Provest and Bailies, Conform to the said rol to be given out thereupon, within three dayes next after the charge under the pain of rebellion; and if they failȝie to denounce and escheit, &c. And if needs be that the said Provest and Bailies poynd and distrenȝie as they shall think expedient.
It is alwayes provided, that no person whatsoever be stented within Burgh, for any lands or possessions which he hath to landwart.
It is hereby likewise declared, that the charges to be given for payment of the said loane, may be execute as well against these that are without the Countrey, as these that are within the Countrey before the said terme of payment, but that the execution of denunciation and poynding shall not be execute until the said terme of payment be bygone, and the severall dayes of the charges respectivè foresaids be also by past.
And in respect that the foresaids whole sums of money so to be lent by the saids Shires and Burrowes, Is for relief of the great summes of money already taken on, as said is, and to be advanced for supply of the said army in Ireland, which should be repayed by the Parliament of England out of the first end of the arrears due to that army.
Therefore the saids Estates have not onely ratified and approven the foresaid act of Councell, with concourse of the saids Commissioners for conserving the peace and Commissioners of the common burthens, but also have of new Statute and Ordained, Like as they be thir presents Statute and ordain, that aswel these who have already advan [...]ed money or victuall, or who have engaged themselves for payment of the prices of victuall, money, and other provision by warrant of the saids Lords of Councell alone, Or by warrant of them joyntly with the saids Commissioners of peace and common burthens, but also the whole foresaids summes (whereof the saids former advancements are apart) are hereby ordained to be repayed out of the first and readiest of the saids arrears, conform to the tennour, and upon the conditions mentioned in the said Act of Councel, with concourse foresaid,
And in case the same shal not be repayed by the Parliament of England, betwixt and the said second day of February next to come, It is hereby statute & ordained, like as the saids Estates by thir presents statutes and ordaines, that the whole foresaids persons, who have by warrand foresaid advanced money, victuall, or other provision, to the said Army; preceding the date hereof, conform to the particular count thereof registrate in the books of Convention of the date hereof, shall be repayed ilk man of his severall sums, together with the interest thereof, conform to the tenour of the foresaid Acts, and that out of the first and readiest of the sums of money to be uplifted by vertue of this present Act, and that by the Collector, Sub-collector, and others [Page 18]having warrand and power to receive the same, betwixt and the last day of February next to come.
So that it shall not be leisome to the saids Collectors or others, to dispose upon any of the saids moneyes so to be lent, without the consent of those who have lent the said money or victuall, untill they be first satisfied.
And in case the said Parliament of England shall happen not to pay and deliver the saids bygone arreares, at least so much thereof as shall repay the saids sums so to be lent, as said is, betwixt and the first day of June next to come, in the year of God 1644. years.
And seeing it is agreed and condescended unto, that the burthen be equally according to every mans estate, In that case it is declared, that when the whole valuations of the whole Kingdome shall be known in manner and conform to the rolls above specified.
Therefore it is appointed and ordained, that a survey shall be made of the whole foresaids Rols, and compared one with another, to the effect it may be seene and knowne, if any Shire or Shires have paid more out of the hundred marks (victuall and others commodities being turned into money) then other Shires have, and being so found, that some may be appointed before this present Convention dissolve, or by the next Parliament, or by the Committees from either of them, to see what is the just proportion, which according to their foresaids rents, would fall upon every Shire, that these who have payed more then their just proportion, may have repayment aff the Shires, who have paied lesse, to be collected and inbrought by such persons as this present Convention, the Estates of Parliament, or Committees from either, shall appoint.
And because the foresaids whole sums of money, as well to Burgh as Landward, extends to a great summe of money, and will be a considerable burthen upon this Kingdom, and that the same is wholly paid out of the land rents, trade, burrow-lands, and other land rent, and yearly commoditie, without consideration or laying any burthen upon money, upon bank, or anuall rent: Therefore it is statute and ordained, Like as the saids Estates statutes and ordains, that every debtour of money upon anuall rent, as well to Burgh as Landward, shall have retention at the said terme of Candlemas next, of six of each hundreth marks or pounds wherein he is lyable of annuall rent, to his Creditors at the said terme: Providing that the remanent of the said annuall rent, out of the which the said Debitour shal crave retention, shal be thankfully paid at the least within three moneths after the said terme of payment of the annuall rent, otherwise no retention to be allowed.
And sicklike it is hereby declared, that this present Act, nor no Clause therein, shall be any ground of suspension to any Debtour for retention of the said principall sums addebted by him, and by-run annuall rents, but that every Creditour may sute, crave, and charge for the same, after the day of payment thereof.
And it is hereby declared, that if any person or persons within or without Burgh, shall upon their Oath declare to their Magistrates within Burgh, and Commissioners of the Shires without Burgh, that they pay annual rent to strangers, dwelling without this Kingdome, of whom they cannot have retention foresaid, in that case the saids Magistrates within Burgh, and Commissioners without Burgh, shall defaulk proportionally to the saids person or persons, such a part of their loane, as they shall finde agreeable to equity and reason.
And sicklike, in respect that the foresaids sums of money so to be lent, are in hope of payment thereof from the Parliament of England:
It is hereby declared, that the whole creditours within this Kingdome, as well to Burgh as Landward, who shall grant retention to their debtours, in manner foresaid, shall have their proportionall repayment with the rest of the Countrie, and that either from his debitours, if it please the creditour to trust him therewith, or otherwise to take assignation from the debitour upon the Parliament of England, as a part of the same, due to the debitour for his relief.
AND because the enemies to Religion and Peace of this Kingdome, are daily making divisions, and waiting all occasions, whereby they may draw to factions, make insurrections, and stir up others to the disobedience of the laws, and common resolution for the good of Religion, His Majesties Honour and Safety, and the weale of this Kingdome:
Therefore, and for the reasons contained in the Act of the saids Estates, made anent the leavy of some Horse and Foot, for preveening of any such divisions, distractions, insurrections, factions, and disobedience to the saids common resolutions:
The saids Estates have voluntarily granted, statute and ordained, Like as they by thir presents voluntarily grants, statutes, and ordains, A taxt of 120000. l. Scots money, to be uplifted for the entertainment of the saids Men, Horse and Foot to be levied, as said is, in manner, and for the use contained in the said Act. Which sum of 120000. l. money foresaid, shall be paid to the said generall Collector, his Deputes and Officers, and others having power and warrand from him, at the said terme of Candlemas next: viz. one sixth part thereof, extending to the sum of 20000. l. By the Burrowes of this Kingdom and the remanent thereof, extending to 100000 l. by the severall Shires of this Kingdome, conform to a particular rool thereof, subscribed by the said Lord Chancellour in presence of the Convention of Estates.
For in bringing and ingathering whereof, the same maner of way shall be followed, and the same kinde of letters direct, the like diligence used and received, as for the foresaids sums of money hereby lent for the supply of the Army in Ireland, conform to the preceding tenour of this present Act.
And it is statute and ordained, that no suspension shall be granted to any persons whatsoever, without consignation of the sums charged for in the Clerk of the said collection his hand, unlesse the reasons thereof can be instantly verified or made notour at the passing of the said Bill, either in presentia in the time of Session, or by four or five of the Lords of Session in time of vacance, To the which suspensions the saids Lords of Session shall be onely Judges, in such form and manner as they are, and have been in matters of Taxation.
It is hereby statute and ordained, that the generall Collector shall take sufficient and responsall caution from every Sub-collector to do his exact diligence in every thing committed to his charge, as well in bringing in of money, as in all other diligence, conforme to the bands to be made by them and their Cautioners thereanent.
It is likewise statute and ordained, that the Collectors of every Parish shall either be a sufficient and responsall man himselfe, or otherwise shall give sufficient caution for his intromission and diligence, The which diligence to be done as well by the saids Sub-collectors, as by the saids Collectors of Parisnes reffectivè, is hereby understood to be ail ordinary execution of horning registrate [Page 20]in due time, and poynding, untill they be stopped by deforcement, are to be received for diligence alannerly.
Likeas it is hereby statute and ordained, that the said Collector generall shall receive the saids diligence of registrate hornings in due time, and executions of deforcement from the saids Sub-collectors and Collectors respectivè, providing the same be delivered to the said Collectour generall, before the fifteenth day of March next to come, otherwayes no diligence to be received, but they to be liable for payment in solidum.
It is likewise ordained, that the Sub-collectors of every Parochine, shall not be obliged to cary the money received by them farther then their own Parish, and at farthest to the head Burgh of the Shire, and the Sub-collectour shall be obliged to receive the same, and make payment thereof to the generall Collectour, as is above specified.
And because these who takes paines in the said collection, as well the said Sub-collectors, Collectors of Parishes, Clerks in the Shires, Clerk of the said collection, and others to be imployed in the said service, will deserve to have certain fees and allowance granted to them:
It is therefore statute and ordained, that ane roll be made thereof, either by the saids Estates, or by some to be appointed from them, which rolls being so made and set down, the same shall be registred in the books of convention, and extracts given forth thereof, to the effect every man may know his own due
It is hereby declared, that no exemption shall be granted to any person or persons whatsoever, except onely the lands, rents, annuall rents, and others dueties mortified to Colledges, Schools, Hospitalls, and for upholding of Kirks and Bridges, and the Lord Chancellor, and fifeteen ordiner Lords of Session allannerly.
It is alwayes declared, that this present manned of ingathering of the said loane and taxation shall no wayes prejudge any person whatsoever in succeeding taxations, but that every mans right and claim, and all the prejudice that may arise anent the samine or manner thereof, whereby any man may instruct enorm lesion, and that he was unequally stented, is hereby specially reserved hinc inde.
Printed at Edinburgh by Evan Tyler, Printer to the Kings most Excellent Majestie, 1647.