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 Kingdome of a supply of ten thousand men from this Kingdom 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 Kingdome such have beene the great necessities wants of that Army as well Officers as Souldiers not only through default of their ordinary pay but also of 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 joynt 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 annuall rent And howsoever considerable sums have beene by their painfull endevours received Notwithstanding such have been the pressing miseries of that Army in regard of the unhappy distractions in England disabling the Parliament therof according to their obligement to entertain 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 His Majesties service and sense of the distresse of their brethren For this and other the like extreme exigencie neerely importing the good of this Kingdome 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 stature and ordained Like as by thir presents they statute and ordaine The sum of twelve hundred thousand marks Scots money together with the sum of one hundred thousand marks mony 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 fifteene ordinary Lords of the Session persons exeemed as is after specified To be uplifted by way of Loane out of the several Sherifdomes and burrowes of this Kingdome in manner as is after divided viz. The saids Burrowes one sixth part of the principall sum extending to 200000. marks and the severall Sherifdomes of this Kingdome to pay the remanent of the saids sums conforme to a particular roll made and set downe 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 sums 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 reliefe 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 Sheriffe of Orkney and Patrick Smith of Braco Conveeners for the first meeting and thereafter the rest of the shire to choose their own Conveeners James Baikie of Tankernes Adam Ballinden of Stanehouse James Mudie of Melsetter Patrick Balfour of Fearey Edward Sinclar of Gyre For the Sherifdomes of Innernes and Cromertie sir John Mackenzie of Tarbet master Alexander Mackenzie of Kilcowie Conveeners for the first meeting and thereafter the rest of the shire to choose their own Conveeners Walter Innes of Innerbraiky Coline Mackenzie of Kincraig _____ Monro of Obstail Alexander Dumbar of Bennetsfield Robert Innes of Roskeene Hugh Fraser of Belladrum John Grant of Lurgie John Maâ—cleud 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 Murtil David Sinclar of Dun Conveeners for the first meeting and thereafter the rest of the Shire to make choice of their owne 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 own 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 owne Conveeners Hugh Rosse of Kilraok Alexander Broddie of Lethin John Grant of Moynes William Rosse of Clava Thomas Dumbar Tutor of Grange Patrik Paplay of Broomhill For the Sherifdome 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 owne Conveeners sir Alexander Sutherland of Duffus master John Hay Provost of Elgin Alexander Dumbar of Westfield Ninian Dumbar of Grangehill James Grant of
excepting the Commissioners nominate and to be elected as said is interest in the summes to be lent by the said shire who cannot conveniently come to the saids meetings to send their Procuratours authorized by them in writ who shall have such like power in doing every thing as they might do 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 conveene 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 convened for the time to make and set down the saids rolls perfect subscribe and deliver the same in manner aforesaid And that the summes of money so to be lent by the saids shires may be uplifted and inbrought It is Statute and Ordained that letters shal be directed for charging the whole sub-collectours within ilk shire or shires to make payment of the whole summes 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 be 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 summes contained in the saids rolls and that within twenty dayes next 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 Edenburgh Piere and shoare 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 conteined in the said particular rolls against every particular person or persons conteined in the saids rolls within eight dayes aster they be charged if they be within this Kingdome And if they be without the same by open Proclamation at the Market Crosse of Edenburgh Peire and Shoare of Leith upon 60. dayes warning under the pain of rebellion c. With power to poynd and distreinÈie 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 only 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 hundrerh 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 Deputes and Officers in his name having his power to receive the same at the said Terme above specified and if they failÈie to denounce and eschew it c. And for their relief that letters be derect charging the Provest Bailies and Councel within each burgh to conveen 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 homes next after the charge under the pain of rebellion And if they failÈie to denounce and escheit c. And sicklike the said stent rol being made and set down as said is to charge the Burgesses Indwellers and Inhabitants within each Burgh to make payment of their part of the said loan to the said Provest and Balies Conforme to the said roll 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 untill the said terme of payment be bygone and the severall dayes of the charges respectivè forsaids be also bypast And in respect that the foresaids whole summes of money so to be lent be 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 aswell these who have already advanced momoney 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 ordaind to be repayed out of the first and readiest of the saids arrears conform to the tenour and upon the conditions mentioned in the said Act of Councell with concurse foresaid And in case the same shall not be repayed by the Parliament of England betwixt and the said second day of February next to come It is hereby statute and 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 conforme 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 conforme 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 or 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 incase the said Parliament of England shall happen not to pay and deliver the saids by-gone 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. yeares 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 conforme to the rolls above specified Therefore it is appointed and ordained that a survey shall be made of the whole foresaids rolls 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 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 paid more then their just proportion may have repayment aff the Shires who have paid 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 summes of mony aswell to burgh as land ward extends to a great summe of money and will be a considerable burthen upon this Kingdome 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 annuall rent Therefore it is statute and ordained like as the saids estates statutes and ordains that every debtour of money upon annuall rent aswell to burgh as landward shal have retention at the said terme of Candlemas next of six of each hundreth marks or pounds wherein he is liable of annuall rent to his creditours at the said terme Providing that the remanent of the said annuall rent out of the which the said debitour shall crave retention shall 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 siclike it is hereby declared that this present act nor no clause therein shall be any ground of suspension to any debitour for retention of the said principall sums addebted by him and by-runne 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 annuall 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 siclike in respect that the foresaids summes 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 aswell to burgh and landward who shall grant retention to their debitours 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 Kingdom are dayly making divisions and waiting all occasions whereby they may draw to factions make insurrections and stirre up others to the disobedience of the lawes 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 leavie of some horse and foot for preveening of any such divisions distractions insurrections factions and disobedience to the saids common tesolutions 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 Kingdome and the remanent thereof extending to 100000. l. by the severall Shires of this Kingdome conform to a particular roll thereof subscribed by the said Lord Chancellour in presence of the said Convention of Estates FOR inbringing and ingathering whereof the same maner of way shall be followed and the same kind of letters direct the like diligence used and received as for the foresaids summes of money hereby lent for the supply of the Army in Ireland conforme 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 foure 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 forme and manner as they are and have beene in matters of Taxation It is hereby statute and ordained that the generall Collector shall take sufficient and responsal caution from every Sub-collector to do his exact diligence in every thing committed to his charge as wel in bringing in of money as in 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 Parishes respectivè is hereby understood to be all ordinary execution of horning registrate in due time and poynding untill they be stopped by deforcement are to be received for diligence alannerly Like as 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 Subcollectours of every Parochine shall not be obliged to carry 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 pains in the said collection well the said Sub-collectours 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 declated 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 fifteen ordiner Lords of Session allannerly It is alwayes declared that this present manner 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 famine or maner thereof whereby any man may instruct enorm lesion and that he was unequally stented is hereby specially reserved hinc inde FINIS