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 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 Alex. Gibsone Cler. Regist 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 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
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 failÈie 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 failÈie 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 failÈie 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 failÈie to denounce and escheit and to poynd and distrenÈie 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 distrinÈie 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 failÈie 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 failÈie 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 failÈie 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 failÈie to denounce and escheit c. And if needs be that the said Provest and Bailies poynd and distrenÈie 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 advanâ—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 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 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 Alex. Gibsone Cler. Regist Printed at Edinburgh by Evan Tyler Printer to the Kings most Excellent Majestie 1647.