ACT Prorogating the MONETHLY MAINTENANCE FOR FIVE MONETHS, VIZ. From the first of March 1648. to the first of August, 1648.

EDINBURGH, Printed by Evan Tyler, Printer to the Kings most Excellent Majestie. 1648.

Edinburgh 9. Maii 1648.

THe Estates of Parliament considering the dangers now threatning Re­ligion, the Covenant, the Kings Majesty and the Peace of thir King­doms, and that they are thereby necessitat to keep up the Forces within this Kingdom, and to pro­vide for their entertainment: Have therefore thought fit to prorogate and continue the Monethly mainte­nance in that same proportion it was first laid on, and that for the space of five moneths, viz. from the first day of March last, to the first day of August next to come: And therefore Statutes and Ordains that ilk Shire and Burgh within this Kingdom, are and shall be lyable and obliged in payment of the parti­cular sums of money underwritten, for each of the five moneths maintenance abovementioned, at the times and with the exceptions after specified: And Ordains the same to be paid in to Sir John Weems of Bogie Thesaurer of the Army, and collector Generall [Page 4] of the said maintenance, or his deputies and sub-col­lectors appointed by him for receiving thereof at the termes following, viz. The first three moneths of March, Aprill and May, betwixt, and the last day of May and the other two moneths of June and July, betwixt and the fifteenth day of July next to come: And in the payment hereof, the Estates Ordains the haill quarterings, and any payment of maintenance since the first of March last to the first day of August next to come, to be allowed, and retained, and discom­pted to them by the Generall Commissary, or his debuties, sub-collectors to be charged upon the ac­compts of the Armie, the same being proven and in­structed, according to the act of quarterings of the 22. day of February, 1645. And that the sumes to be paid by the severall Shires and Burroughs be as follows, viz. The Sheriffdom of Orkney of moneth­ly pay 1143 l. Innernes 4176. l. Caithnes 945. l. Cro­martie 99. l. Sutherland 423. l. Nairn 315. l. Elgine 1890. l. Aberdeen 6543. l. Bamff 1431. l. Kincar­dine 1566. l. Forfar 5004. l. Pearth h 8001. l. Fyfe 6642. l. Stirling 2538. l. Kinrosse 144 l. Clackmannan 522. l. Edinburgh 4167. l. Linlithgow 1746. l. Hading­toune 3384. l. Bervick 3555. l. Roxburgh. 5778. l. Sel­kirk 1278. l. Peebls 1638. l. Lanerk 5382. l. Air 6066. l. Wigtoune and Stuartrice of Kirkcudbright 4374. l. Drumfreis 4446. l. Renfrew 2205. l. Dumbartan 1233. l. Argyle 2907. l. Bute 459. l.

Follows the sumes payable monethly, by the Bur­rows conform to their taxt Roll, viz. Edinburgh 5175. l. Pearth 810. l. Dundie 1200. l. Aberdeen 1260. l. Stirling 240. l. Linlithgow 324. l. Standrois [Page 5] 780. l. Glasgow 1530. l. Air 342. l. Hadingtoune 324. l. Dysert 270. l. Kirkcaldie 600. l. Monrosse 324. l. Couper 216. l. Austruther eister 180 l. Drumfreis 270. l. Innernes 450. l. Breichen 120. l. Irwing 252. l. Elgine 135. l. Jed­burgh 126. l. Kirkcudbright 180 l. Wigtoun 135. l. Pet­tenweyme 120. l. Dumfermling 162. l. Dumbartan 162. l. Renfrew 90. l. Lanerk 162. l. Aberbrothok 81. l. Brunt­iland 216. l. Peibles 108. l. Craill 216. l. Kinghorn 108. l. Tayne 90. l. Selkirk 126. l. Austruther westir 54. l. Culross 90. l. Dumbar 180. l. Bamff 72. l. Whithorne 45. l. Forfar 27. l. Rothesay 60. l. Forres 54. l. Rutherglen 45. l. Northvervick 36. l. Collein 27. l. Nairne 36. l. Lawder 45. l. Innerkeithing 90. l. Kilrynnie 27. l. Annan 30. l. Lochmaben 18. l. Sanquhar 27. l. Gallaway 18. l. Dinguall 18. l. Cudensferrie 108. l. Dornoch 18. l.

For the better inbringing and collecting thereof; The Estates of Parliament appoints Sir John Weems of Bogie, with power to him to appoint deputis, ane or moe in each Shire and Parish in maner conteaned in the Act for the Tax and Loan, which collectors, de­puties of Shires, and Parishes, and Clerkes of Shires, shall have such fees as is allowed in that Act for the loan and taxt, Ilks are to be uplifted out of the Shires and Parishes, besides the five moneths maintenance, But that the Burghs be free of all payment of the foresaids fees, inregard they collect their proportions upon their own charges: And also with power to him to nominate a Clerk to this maintenance, who is to have the same fee for thir five moneths propor­tionable, as was allowed by Parliament for the last nine moneths. And the Estates Ordains, that the letters and charges to follow upon this Act, for [Page 6] payment of the foresaid maintenance, shall be raisit and direct at the instance of the said Sir John Weemes and collectors aforesaid against the sub-col­lectors of Shires, Magistrates of Burrows, collectors of Parishes, Heretors, Fewers, Life-Renters, and o­thers adebted in payment of their severall proportions of this maintenance now imposed, with reservation of the suspensions underwritten: And Ordains the said sub-Collectors, Collectors of Parishes, Heritors, Fewers, Life-Renters and others, so to be charged by the General Commissary, to have Letters of reliefe, as is Ordaind by the Act for the Taxt and Loan. And for the more speedy ingatherin of the saids five moneths maintenance, at the terms of payment above written. The Generall Collector is hereby warranted, that if any Shire or Burgh be deficient in payment of their parts of this maintenance, at the times aforesaid, he either imploy some of his own Troop, or any others of the Forces, that shall happen to be on the bounds for the time as he shall think fit, for uplifting of this mainenance from the deficient Shires, Burghs, and Parishes; and ilks Troopers are to receive their entertainment from the deficients, at the ordinary rates, besides the payment of there maintence. And it is hereby Ordaind, that the Committes of War be aiding and assisting to the Generall Commissary herein for inbringing of this maintenance.

And now the Estates of Parliament understanding by the report of the proceedings of the Commissio­ners, lately imployed, for trying of burnt and wasted lands, that the Shires and Burghs underwritten, are not able to make ready ane totall payment of the sums [Page 7] imposed on them for this maintenance: Therefore untill farder tryall be tane therein, the Parliament doth hereby suspend the lifting of the particular summes underwritten, from the Shires and Burghs respective following, viz. From the Sheriffdom of Innernes, 666. l. 13. s. 4. d. From the Sheriffdom of Sutherland, 36. l. 13. s. 4. d. From the Sheriffdom of Nairne, 103. l. 6. s. 8. d. From the Sheriffdom of El­gine, 333. l. 6. s. 8. d. From the Sheriffdom of Aber­deen, 1333. l. 6. s. 8. d. From the Sheriffdom of Bamff, 318. l. From the Sheriffdom of Forfar 133. l. 6. s. 8. d. From the Sheriffdom of Pearth, 1333. l. 6. s. 8. d. From the Sheriffdom of Stirling, 133. l. 6. s. 8. d.

Item, For the Burroughs, viz. From Pearth, 333. l. From Aberdeen, 666. l. 13. s. 4. d. From Stirling, 53 l. 6. s. 8. d. From Innernes, 450. l. From Brecchen, 120. l. From Elgine, 53. l. 6. s. 8. d. From Dumbartan, 54. l. 13. s. 4. d. From Tayne, 24. l. From Bamff, 72. l. From Forfar, 8. l. From Rothsay, 20. l. From Forres, 54. l. From Collein, 27. l. From Nairne, 36. l.

The Shires and Burghs always paying punctually the sums, over and above what is suspended, at the terms aforesaid: And in regard of the present di­stressed condition of the Sheriffdoms of Argyle and Bute; The Estates do exeem the whole Sheriffdom of Argyle from all payment of the foresaid five moneths maintenance: As also exeems the Sheriffdom of Bute from all payment of the equall half of the moneth­ly maintenance abovewritten, imposed upon that Shire for the saids five moneths: And Ordain the same Shire of Bute to be onely liable in payment of the other half of the said monethly maintenance for these five moneths: And declares the Ile of Ar­ram [Page 6] to be altogether free of any payment of that half, but the rest of the Sheriffdom of Bute to pay the same.

And also, The Estates declares this present Act to be without prejudice of the Act granted in favours of the Town of Innernes of the 5. of January, 1647. That any Taxations or Impositions to be laid on that Town, be allowed to them in part of their losses, conform to the Tenor of the Act.

And for the sums particularly above suspended, That the Generall Commissary sute no payment thereof before the last day of August next to come, that betwixt and that time it may be tried what part and portions of that suspended maintenance may be raised of the Shires: And for tryall thereof, Ordains Commissions to be direct to such persons, as the Par­liament or Committee of Estates shall appoint, as the same shall be called for by these Shires and Burghs, in whose favours the suspensions are granted; and that be­twixt and the said last day of August, the report of the saids Commissions be returned, that accordingly the suspended maintenance may be either discharged, or called for. And in case of the not return of the re­port as said is, the Commissary Generall is hereby warranted after the said last day of August, to charge for the haill maintenance of these Shires, without con­sideration of the suspensions.

And also it is Ordaind, that no Retention, Suspen­sion, or discharge of this present maintenance be granted for any cause, other nor is above written for burnt and wasted lands, excepting onely for quarter­ings and payments as aforesaid; and such Lands, Rents, [Page 9] Annual Rents, and other duties mortified to Col­ledges, Schools, Hospitals, Ministers and School-ma­sters stipends, and for upholding Kirks and Bridges, ilks mortifications are to be deduced in each Shire, but notwithstanding, the Shire besides to be liable in pay­ment of their whole maintenance: And that all other Heritors, Life Renters, Takismen, Titulars, propper Woodsetters, Pentioners, Conjunctfiears, Lady tercers and others, subject to the valuation within Shires and Burghs: shall be lyable to their proportionable part of this maintenance, notwithstanding of any Act past, or to be past in their favours, other nor is above set down, or to be past by this present Parliament.

And in regard of this prorogating of the mainte­nance on the Shires and Burghs, for the five moneths above mentioned, viz. From the first of March last to the first of August next to come, at the full mainte­nance above written: It is Statute and Ordaind by the Estates of Parliament, that every debtor shall have retention from the Creditors of ane and a half of each eight, payable for annuall Rent, for the saids five mo­neths above specified; so that the debtor shall only be liable in payment of six and a half of annuall Rent for each hundreth of stock for these five moneths: And because the foresaid monethly maintenance was only continued upon the Shires and Burghs, and payable by them, from the first of November last, to the said first of March last, with deduction of ane third part of the said maintenance during that space: Therefore the Estates grants only retention to the debtors, of ane of each eight, payable for annuall Rent during the said space, from the said first of Novemb. to the said first of March, [Page 10] during the ilk time the debtor shall onely be liable in payment of seven of annuall Rent, for each hundreth of stock; with this provision, that no debtor whatso­ever shall have the foresaid benefit of retention, who shall not pay his annuall Rent to the Creditor, within the space of ane year after that ane preceding years an­nuall Rent is fully restand unpaid.

And farder it is provided, That what ever creditor shall take band, promise, or condition from his Deb­tor, for payment of the haill annuall Rent at 8: per Cen­tum, without retention of ane and a half for the hun­dreth, or shall not grant the retention aforesaid; shall be conveened and censured as ane Usurer; notwith­standing of any such paction by word or writ.

And lastly, It is Ordained that no suspension be granted without consignation, as is appointed by Act of maintenance of the 27. of February 1645. And that all Heritors within Burgh and Pendicles, and Liberties thereof (including for Edinburgh as Pendicles of the same, the houses Tenements and Yairds in Leith, Can­nogate and pleasands, whereof the Town is either Pro­prietars or Superiors; and for the other Burrows, all that have been in use to be taxed with them) shall con­tribute with them for payment of the Maintenance, as is mentioned in the said Act of the 27. of Febru­ary, 1645.

And last, to the end that the payment of this main­tenance be also equall and proportionable as can be: The Parliament Ordains the valuers of the severall Shires already named by Parliament or Committee of Estates, to meet, revise, and rectifie the valuation in the Shires: Provided alwayes, that notwithstanding of this tryall, the Shires be liable in payment to the generall [Page 11] Commissar of the whole sums above written laid on them by this Act.

And Ordains, that the Lands and Teinds shall pay the foresaid Maintenance, as they lie locally in Shires or Burghs, conform to the former Acts of mainte­nance. And it is hereby declared, that this Act is to be without prejudice of the Priviledges of the Lords of Session conform to former Acts of maintenance. And Ordains this Act to be printed, and the former Act of Loane and Taxt to be re-printed and published, and gives hereby Warrant to the Clerk of Register for that effect.

Alex. Gibson, Cler. Regist.
FINIS.

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