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B06405 Unto his Grace, his Majesty's High Commissioner and the honourable Estates of Parliament the collectors of the poll imposed anno 1693. Scotland. Parliament. Committee of Estates. 1698 (1698) Wing U99B; ESTC R185875 4,850 4

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UNTO HIS GRACE HIS MAJESTY'S HIGH COMMISSIONER And the Honourable ESTATES OF PARLIAMENT The COLLECTORS of the POLL imposed Anno 1693. Humbly Sheweth THAT for payment of the Arreers due to the Army preceeding the First of February 1691 and out of these for payment of the Arreers due by the Army to the Country there is a Poll imposed conform to the several Classes exprest in that Act Whereby the Commissioners of the several Shires were to sub-divide themselves and take up the Roll of the Polable persons of each Paroch and return the same betwixt and the first of October 1694 to the Lords of Thesaury or Pol-Office and the Persons lyable conform to these Rolls were to pay at Martinmas in the said Year 1694 under the pain of the Quadruple This being a new Imposition both as to the Subject and way of Uplifting and diffused over all the Nation and we being desirous to serve His Majesty therein prevailed at the Roup by offering Fourty Four Thousand one Hundred Pound Sterling therefore and got a Tack thereof whereby we were to have the Roll of the polable persons betwixt and the first of October and thereby to lift the Pole it self according to these Rolls at Martinmass 1694. under the pain of the Quadruple from each deficient When the first of October came few Rolls were returned whereupon we acquainted the Theasury therewith both by Petition and Instrument and also the Lords of Privy Council issued forth several Proclamations for supplying these defects But for all this the Rolls were never compleated nor payments timously made so that the Quadruples fell due We were necessitate to send several persons of Quality to represent our case to His Majesty that the Tack was not fulfiled to us and the Quadruples incurred the uplifting whereof would be a great hardship to the People whereupon his Majesty first sisted Execution for the Tack-duty and then with consent of Parliament turned the Tack of the said Pole into a Collection By the Act turning the Tack into a Collection The reasons for so doing exprest in the Act are That the levying of Money by Pole being new and the Countrey and others concerned not observing the Rules and Ordinances contained in the Act of Parliament thereanent but throw their failzie incurring the Quadruples appointed be the said Act by way of penalty the foresaid Tacksmen were not able to pay the forsaid Duty unless they had been allowed to exact the foresaid Quadruples which had visibly tended to the great oppression and disturbance of the haill Kingdom Therefore His Majesty and Estates of Parliament liberate us from the foresaid Tack and ordained us to Compt as Collectors and gave a Commission to the Honaurable Persons therein named to take in our Accompt determine all differences thereanent and to ferm the same at 30000 lib. Sterling as the minimum and no person being able to offer that Sum the Lord Balheaven and others for the behoove of the Officers for whom the Pole was imposed took the same at that rate The Commission after much Paines and Travel prepared and presented a Report to the Parliament in two points whereof we are principally concerned The First is whether our Expenses ought to be allowed to us conform to the Accompt we have offered And Secondly Whether we can be further liable for the Vintuples then for Ommissions and Concealments of our own Intromissions but not for the Vintuples of the Concealments of our Sub-Collectors for which they themselves as the Persons guilty ought only to be liable As to the first point we humbly conceive that our Expenses cannot be refused because our Tack being turned into a Collection not upon our Accompt alone but upon the just grounds represented in the Act and we made Collectors we ought to be considered as if we had been appointed Collectors from the beginning in which case it is unquestionable that where a Tack is loused and turned to a Collection in the same Tacksmens Hands we are in the same case as if we had been always Collectors and never Tacksmen And so by the foresaid Act 1693 imposing the Poll the Lords of Their Majesties Privy Council are impowered to allow out of the said Poll Money such Charges and Expenses as shall be necessary for Execution of that Act. And therefore conform to the said Power it is humbly expected from the Justice of the Parliament that our Expenses and Charges will be allowed us 2do. By the Act appointing us Collectors the Commissioners therein named are impowered to allow or not allow our Expenses for in-bringing of the Poll as they shall see cause Which clearly imports that our Expenses was still under Consideration and the Allowing only delayed till our Diligence and Pains should appear 3 tio The report bears that the Commission found that the expence of uplifting what remained of the Poll would exhaust what could be recovered And seeing what remained was farmed at 6000 lib Sterling we having uplifted 24000 lib Sterling and the whole being Farmed be the Officers for 30000 lib Sterling it is evident that we could not uplift 24000 lib whereof a part from each person in the Nation without vast expences besides the expences of our application at Court attending Parliaments and the Commission these several years and otherwayes seing the 6000 lib could not be uplifted for its value And upon which ground we refused to Farm the Poll at the minimum and so the Officers who had the right thereto and could be in no hazard took the same at that rate 4 to Though the Officers had the Farm thir many years Yet after all their diligence they have recovered little except from such Shires as were totally deficient to us We being turned from Tacks-men to Collectors not from meer Grace and Favour to our selves but upon plain and necessar grounds of Justice related in the Act Viz That Levying of Money by Poll was new and that the Country had failed in observing the Rules prescribed whereby we are not only blamless but in effect wronged by our Tacks not being observed and fulfilled to us 2do The Act doth furder acknowledge that the Country had incurred the quadruples and that these quadruples were due to us And which if we had exacted we could have payed the whole Tack-duty So that the Act of Parliament having Discharged these quadruples which was the Subject of our Tack it necessarly follows that the Tack was turned to a Collection for a most onerous Cause upon our part and so consequently we fall all our expences and Charges and if there were place to bring back the Question we might justly demand Sallaries for our pains It is known that when several Tacks sett by the Thesaurie and Exchequer have been turned to a Collection and the Tacksmen appointed Collectors they got not only their Charges but Salaries And we cannot be jealous nor apprehend from so just a Parliament that our Tack being turned into a Collection not for our