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A92509 Act of the Convention of Estates: holden at Edinburgh the fifteenth of August 1643. for the loane and taxt; Laws, etc. 1643-08-15 Scotland. Convention of Estates.; Scotland. Convention of Estates. aut 1643 (1643) Wing S1139A; ESTC R203709 14,993 16

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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 Ma●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 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 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 distreinȝie 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 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 Deputes and Officers in his name having his power to receive the same at the said Terme above specified and if they failȝie 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 failȝie 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 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 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