[1649/1/295]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to consideratioune the present great burdinges of the kingdome and [that] thair are great soumes of money belonging to the publict resting uncompted for in the handis of the collectoris and intromettoris with the publict dewis, or unuplifted and receaved frome those who are lyable and subject in peyment therof, to the great prejudice of the kingdome and continuance of the burdinges therof; as also that the mater of moneyis may be rightlie regulated and distributed for mantenance and interteanment of the armie and gariesones and uther publict uses within the kingdome; and finding it necessarie that it be cleared what soumes are awing to the publict and the samyne inbrocht to be applyed for payment of the most necessarie and pressing debtis and burdinges of the kingdome, doe thairfore heerby nominat, authorize and appoynte the persounes following, viz: Archbald, marques of Argyll, Johne, erle of Cassillis, [Robert]†, vicount of Arbuthnott, Robert, lord Burghlie, Johne, lord Torphichen; Sir Hew Campbell of Cesnok, knight, Sir Williame Cunynghame of Cunynghameheid, knight, Sir Thomas Ruthven of Frieland, knight, Sir Charles Erskene of Cambuskenneth, knight, Sir James Hope of [...] for the barrones; Mr Robert Barkcley, provest of Irving, George Porterfield, provest of Glasgow, Hew Kennedy, provest of Air, Sir Johne Smith of Groatwell, laite provest of Edinburgh, and Gedion Jack, baillie of Lanark; to whome (or ony sevin of thame for passing of the preceptis underwrittin, and utherwayis to any fyve of thame as the quorum) the estaites of parliament doe heerby give full power, warrand and commissione to tak and survey ane exact tryell of the publict accomptis, debtis and burdinges of the kingdome and also what publict moneyis is ordained to be uplifted by loane, taxt, mantenance, tent [and] twentie penny, excyse, lending and fyneing or any uther way are yit unpeyed and unbrocht for the use of the publict, and to try how and whair the samyne is restand, and to call all perties and persounes, haveris therof, or who have intrometted with the samyne and have not as yit compted therfoir, and all persones awing and lyable in payment therof, to ane accompt, heare, allow and disallow of the samen as they sall find just, and, efter tryall therof, to enjoyne thame to pey what sall be fund so to be restand. And for that effect, with power to thame to issue furth and direct such ordouris, letters and executioune and take such uther expeditious way as sall be fund necessarie for that end, and to pronunce decreittis and sentences theranent and to caus put the samyne to executioune, and to reduce the haill debtis, comptis and publict moneyis of the kingdome in such ordour as the burdingis of the publict may be knowne, and als what soumes are awing to the publict and what are awing be the publict to any. And for the better clearing of the said publict accomptis and burdinges of the kingdome, and also what soumes are resting to the publict yit unpeyed, with power to the said committee or ther quorum to call for the inspectioune of the registers, recordis and warrandis of parliament and all uther committees and utheris publict recordis thairanent, to the effect that all comptis, bandis, restis and respondees may be exactlie extracted furth thairof and the persones lyable therin may be maid comptable for the same. Lykas the saidis estaites of parliament heerby committis and intrustis to the foirsaid committee the sole and only power of disposeing and distributeing of all moneyis which sall come in and be dew to the publict, togither with the whole rentis and dewties of landis, soumes of money, moveables and utheris belonging to malignantis and forfaulted persones, with all fynes and pryces of forfaulted landis and utheris whatsomever perteining to the publict, and to imploy the samyne in the first place for the mantenance and interteanment of the armies within the kingdome and subsistance of these who sall be fund be thame to be utterlie ruined. And for that effect, grantis to thame the sole and only power to give out and subscryve precepts for the pey and mantenance of the armies and satisfieing any persones of sick soumes as are or sall be appoynted by parliament or committee of parliament for taking or killing of any persone in the rebellioune, and for intelligence postis, buying of armes, ammonitioune, the traine of artiliarie, cariages and such uther pressing and urgent effaires as sall be recommended by the committee of estaites and as concernes the outreik, expeditione and mantenance of the armies and provisiounes of the garisounes allanerlie; and ordaines every precept to be subscryved by a full quorum of the said committee at the leist, which persones, subscryveris therof, sall be answerable to the parliament that they subscryve no preceptis upone the monethlie mantenance bot for the causes foirsaidis till the effaires and mantenance of the armies be first dispatched and satisfied; quherin if the said committee contraveine and failzie, the saidis estates of parliament heerby declaires and ordaines the subscryveris of the saidis precepts to be lyable in payment to the publict of all such soumes for which they sall draw preceptis for any uther [cause]† till first the effairs and mantenance of the armies be satisfied. With power to the said committee in the next place to dispose and grant preceptis upone the excyse moneyis and [for the]† incident chairges allanerlie; and all preceptis are appoynted to be drawne upone the generall commissar only. And ordaines the said committee to considder frequentlie the estaite of the publict cashe and what moneyis are therin fra tyme to tyme, and to fitt monethlie ane accompt of incident charges, and to draw no preceptis bot when ther is money in the cashe to satisfie and anser the same. Lykas the saidis estaites ordaines the forsaid committee in the distributiounes and ordoreing of the peyment of the moneyis for the armies to distribute the same equallie and to take such constant course as all regimentis of foote and horse be put and keeped in equalitie, ather in money, proveant or provisioune according to their strenth and muster rollis, being mustered as is alreddie provyded. And to the effect that both officeris and souldiors may know ther owne proportioune dew to thame for all moneyis to be payed to thame, it is ordained that all preceptis to be direct by the said committee for that effect sall beare in cumulo what proportione of the haill soumes contenit in the precept is allowed to be peyed to the officeris and what proportioune therof to the souldiors of the regiment, troupe or companie for which the saidis preceptis are granted. And ordaines the clerk to be appoynted by the clerk of register to this commissioune sall have the trust and keeping of the responde buikis and of all the accomptis, warrandis and instructiounes therof which concerne the publict. And the estates ordaines the clerk to have a register contening the haill accomptis, both of intromissioune and how the samyne is given out. And where materis of difficultie or importance sall occurr, the saidis estaites of parliament ordaines the committee of estaites to give ther advyse to the foirsaid committee heerby appoynted as they sall necessarlie desyre the same. With power also to the said committee or quorum therof to fyne and borrow moneyis frome all such persones as are qualified efter the maner and according to the restrictiounes contenit in the act of this present parliament of the daite the [...] day of [...]†; and with power to thame to give publict surety to these frome whome they borrow according to former use; and ordaines the weel affected to be first satisfied. It is heerby declaired that whatsoever persone to whome the publict is awing any moneyis sall give in to the said committee ane list of persones able to lend moneyis or are or sall be fyned and not excepted by the act of this present parliament, that in that caice the one halff of the said soumes be given to the perties in pairt of peyment of ther soumes and the uther halff is to be given to the generall commissar and applyed to the use of the publict. To the whilk committee lykwayes or quorum therof foirsaid the saides estaites gives power to issue furth commissiounes for trying of waisted and brunt landis and uther losses be sea or land, and to receave in reportis of the samyne. And siclyke the saidis estates doe heerby nominat and appoynte the persones abonenamed to be commissiouneris for the excyse, and grantis power and warrand to thame (or their quorum foirsaid or sick of ther number as they sall substitute and appoynte) to governe the office of excyse, ferme the samyne and appoynte collectors, surveyeris and utheris under officeris, and sett doune such actis and ordinances as sall be necessar and requisite for that effect, conforme to the act of parliament concerneing the commissioune and ratificatioune anent the foirsaid excyse and according to the act of parliament anent the laite additioune to the excyse, and to prosecute the wayes and actis alreddie set doune anent the said excyse as they sall think fitt. And for the encuragement of the said committee and inableing thame to attend and prosecute the said commissioune, the estaites ordaines thame to have the allowance granted formerlie to the commissiouneris of excyse according to ther sederuntis and two of the hundreth of the moneyis which they sall discover and bring in of publict dewis and restis preceeding October last. And for the better clearing of the generall commissaris chairge, it is lykwayes ordained that all dischairges to be granted and† accomptis to be fitted at any tyme heirefter be the generall commissar to any subcollectoris or utheris intromettoris whatsomever with any publick dewis, or who are appoynted to pey to him any moneyis for whatsomever caus for the publict use, sall be by thame brought in to the said committee within ane moneth efter the subscryveing therof, to the effect that the names of the persones to whome the samyne are granted, the soumes therincontenit, the caus for which and daite therof may be recorded by their clerk, who sall be holden to doe the samyne gratis; and if the samyne be not recorded or instrumentis taken upone the refuisall therof within the space foirsaid, the same are heerby declaired to be null and to mak na faith in all tyme therefter. And it is farther ordoured that ane claus to this effect be insert in all commissiounes or warrandis, dischairges or subscribed accomptis to be granted heirefter be the generall commissar [to any of the persons aforesaid and that the general commissary]†, with all convenience, caus intimat the foirsaid certificatioune to such as have alreddie receaved ther said commissioune or warrand.
[1649/1/296]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideratioune the great and extraordinarie losses sustenit be the inhabitantis of the burghis of Banff and Culane and the hard conditioune they were in in the monethis of October, November and December 1648 and Januar last 1649, which losses hath bene occasioned ather by the commoune enemies of the kingdome or by our owne forces, and that it is necessar and requisite the saidis losses be tryed, that reparatioune be maid therof to the perties, suffereris, and for the better clearing of the way of tryall, have fund that the pertie greived or compleaning may prove be sufficient witnesses that he had in his possessioune such guidis and geir as he condiscendis upone in his complaint, and that the enemie comeing ther they were taken away and destroyed by the enemie, alsweell these on the ground as these in the houses, and never seene therefter in these places; and for the insicht and houshold plenishing and for whatsomever uther guidis were in the compleineris houses, that the servandis of the complainers be examined upone ther oathes as witnesses theranent as ane adminicle of the probatioune; and, in supplement of all probatioune, the pertie, compleineris, to give ther oathes, that to their best knowledge all these guidis and geir were taken away and destroyed be the enemie, alsweill those on the ground as these in the houses; and this maner of probatioune be extended lykwayes to those guidis and losses of schippis takin be sea, which sall be entered be the perties, owneris or utheris haveing power to give up entries of schippis and guidis useing the way and maner of probatioune befoir prescryved as accordis. Thairfore the saidis estates of parliament hes given and granted full power, warrand and commissioune to Andrew Meldrum of Iden, Alexander Urquhart of Dunlugus, Sir Alexander Abercrombie of Birkinboig, younger, Williame Dalgarno of that ilk, [...] Forbes of Byth and Patrik Meldrum of Auchnot, or ony foure of thame as ane quorum, to take and receave the tryall and probatioune of† the saidis perties and ther tennentis, their great and griveous losses sustenit by thame in maner forsaid; with power to the saidis commissiouneris or their quorum to choyse ane clerk and utheris officeris and memberis of courte neidfull and tak ther oathes de fideli administratione, direct preceptis for citatioune of witnesses and utheris perties interest and concerned in the bussines, and that they take the oathes of witnesses and perties to be admitted be thame in maner forsaid, and to doe everie uther thing for trying of the saidis perties losses, the causes therof, and the perties be whome the samyne wes committed. Reservand the ordor abonespeit, with reservatioune alwayes of the modificatioun to the judges of what sall not be legallie proven be wreate or witnesses notwithstanding the perties, committeris of the wrongis, are not cited therto. And ordaines lykwayes the cariage and deserveingis of the perties, suffereris, to be tryet and that the premises be reported to the parliament or committee of estaites or uther committees to be appoynted for that effect, that they may take such course theranent as accordis, and caus registrat the samyne in the registere appoyntit for that effect. And ordaines reporte therof to be maid to the parliament or committee therof betuixt and the first day of August nixtocome notwithstanding of any former act.