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A92475 Act anent the maintenance of the armie for nine moneths, and for retention of one and a half of the anualrent [sic] of eight of the hundred Scotland. Convention of Estates. 1647 (1647) Wing S1048B; ESTC R203706 20,624 20

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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 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 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 advan●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
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