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George [Hay], viscount of Dupplin, chancellor, William [Douglas], earl of Morton, treasurer, [William Graham, earl of Menteith], president of the council, Thomas [Hamilton], earl of Haddington, lord privy seal, John [Spottiswood], archbishop of St Andrews, George [Gordon], marquis of Huntly, [William Keith], earl Marischal, [John Erskine, earl of] Mar, [John Leslie, earl of] Rothes, [John Kennedy, earl of] Cassilis, [James Erskine, earl of] Buchan, [James Stewart, earl of] Moray, [George Seton, earl of] Winton, [Alexander Livingstone, earl of] Linlithgow, [James Home, earl of] Home, [John Drummond, earl of] Perth, [John Fleming, earl of] Wigtown, [John Lyon, earl of] Kinghorn, [James Hamilton, earl of] Abercorn, [Patrick Murray, earl of] Tullibardine, [Robert Ker, earl of] Roxburghe, [Walter Scott, earl of] Buccleuch, [Colin MacKenzie, earl of] Seaforth, [John Murray, earl of] Annandale, [John Maitland, earl of] Lauderdale, [John Stewart, earl of] Carrick, [William Crichton], viscount of Ayr and [William Douglas, viscount of] Drumlanrig, [Alexander Lindsay], bishop of Dunkeld, [Patrick Forbes, bishop of] Aberdeen, [John Guthrie, bishop of] Moray, [Andrew Lamb, bishop of] Galloway, [David Lindsay, bishop of] Brechin, [Adam Bellenden, bishop of] Dunblane, [John Abernethy, bishop of] Caithness, [Andrew Boyd, bishop of] Argyll, [John Leslie, bishop of the] Isles, [Andrew Gray], lord Gray, [John Hay, lord] Yester, [Hugh Sempill, lord] Sempill, [Simon Fraser, lord Fraser of] Lovat, [James Ross, lord] Ross, [John Sandilands, lord] Torphichen, [Alexander Lindsay, lord] Spynie, [John Campbell, lord] Loudoun, [John Elphinstone, lord] Balmerino, [James Elphinstone, lord] Coupar, [James Colville, lord] Colville [of Culross], [William Stewart, lord] Blantyre, [Robert Balfour, lord Balfour of] Burleigh, [John Bothwell, lord] Holyroodhouse, [John Cranston, lord] Cranston, [Robert Melville, lord] Melville, [David Carnegie, lord] Carnegie, [William Ramsay, lord] Ramsay, [Archibald Napier, lord] Napier, [John Wemyss, lord] Wemyss, [John Stewart, lord] Traquair, Sir William Alexander [of Menstrie], secretary, Sir John Hamilton of Magdalens, clerk register, Sir Thomas Hope of Craighall, knight baronet, advocate, Sir George Elphinstone of Blythswood, justice clerk.
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The which day George [Hay], viscount of Dupplin, lord high chancellor of this kingdom, produced and exhibited to the estates presently convened the missive letter underwritten signed by the king's majesty and directed to the said estates containing the cause of the calling of this present convention, and also he exhibited to the said estates four articles underwritten signed by the king's majesty and ordained to be proposed from his majesty to the said estates to the intent they may return to his majesty their opinions relating thereto, of the which missive letter and articles the tenor follows:
Charles Rex, right trusty and right well-beloved cousin and councillor, right trusty and well-beloved cousins and councillors, right trusty and well-beloved councillors, right trusty and well-beloved and trusty and well-beloved, we greet you well. Having upon very weighty considerations been moved to defer our repairing to that our kingdom until the next spring and desiring that all things necessary both for our maintenance and for settling of affairs may be so prepared in the meantime that they may with the less trouble to us and you be then concluded for the good and honour of that our kingdom which we exceedingly affect, we have sent to our right trusty and right well-beloved cousin and councillor, [George Hay], viscount of Dupplin, high chancellor [...]† as we thought most fit to be considered of [...]† and supply, being very confident that you will use your best [...]† for our satisfaction herein, who shall ever be careful of that [...]† concern your good and we bid you farewell. From our court at Whitehall, 5 July 1630.
Articles to be proposed from us to the convention of the estates now warned, that they may return to us their opinions thereupon
Charles Rex
1. To consider of the best course how the valuations of tithes may be most speedily and exactly perfected, that those things contained in our decree may take effect.
2. To consider how manufactures for making the best benefit of wool and for employment of our people may be most conveniently settled as has been formerly intended.
3. To give order for proceeding according to our commission granted for reviewing the laws and practices of that kingdom, that all things necessary to be treated of in the next parliament may be the better prepared against that time.
4. In regard of the great charges requisite for our maintenance during the time of our being in that our kingdom and for payment of the debts contracted for buying of heritable offices, that a taxation may be had such as our loving subjects for so great a cause shall willingly grant.
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Which missive letter and articles being read, heard and considered by the said estates and it being proposed to them with which of the said articles they would begin, the said whole estates, out of their humble affection to his majesty's service, all in one voice agreed and voted that they would begin with the taxation to be granted by them to his majesty. And thereafter, it being proposed to the estates what should be the quantity of the taxation and their opinions and voices being taken relating thereto, it was agreed and voted that his majesty should have a taxation ordinary and extraordinary of the like quantity and proportion and for so many terms and years as was granted in the former taxation in October 1625, beginning the first term's payment thereof at Martinmas [11 November] next, and so forth yearly and termly during the four years of the ordinary taxation and eight terms of the extraordinary taxation, whereupon the two acts underwritten containing the grant of the said taxation and the form and order of the payment thereof and collection of the same were drawn up, read, heard and allowed by the estates, of the which acts the tenor follows:
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The estates presently convened, considering how that the king's majesty's has these many years bygone had a natural longing and an earnest desire to visit this his ancient kingdom which first had the happiness of his royal birth and now has the effects of his blessed government, and how that his majesty upon very weighty considerations has been moved to defer his coming here until the next spring; to the intent that all things necessary both for his royal maintenance and for settling his affairs may be so prepared in the meantime, that they may with the less trouble to his majesty be then concluded for the good and honour of this kingdom; and the said estates acknowledging themselves bound in duty and affection timeously to foresee and accordingly to provide and supply such defects and wants as his majesty's coffers cannot furnish, respect being had to the exceedingly great charges which his majesty has sustained in many great and important affairs occurring for the time both at home and abroad these diverse years bygone and the great debts which his majesty has contracted for buying of heritable offices, therefore the said estates, with most humble and loving hearts and for a testimony of their unfeigned affection to his majesty and of their unspeakable joy and gladness to have the happiness to see his majesty in this his native country, have made and by this act do make a free and willing offer to his majesty of a taxation to be imposed, collected and paid to his majesty in manner and at the terms following, that is to say: the marquises, earls, viscounts, lords and commissioners of shires for the temporal estate have granted that there shall be uplifted off every pound land of old extent within this kingdom pertaining to dukes, marquises, earls, viscounts, lords, barons and freeholders and feuars of his majesty's proper lands the sum of 30s money at every one of the four terms following, namely: the sum of 30s money at the feast and term of Martinmas [11 November] 1630; the sum of another 30s money at the feast and term of Martinmas in the year of God 1631; the sum of another 30s money at the feast and term of Martinmas in the year of God 1632; and the sum of another 30s money in the year of God 1633. And the archbishops and bishops for the spiritual estate have granted that there shall be uplifted off all archbishoprics, bishoprics, abbacies, priories and other inferior benefices within this kingdom, at every one of the four terms above-specified, the just taxation thereof, as they have been accustomed to be taxed to in all time bygone whensoever the temporal lands of this kingdom were stented to 30s the pound land of old extent, and the same taxation to be paid at every one of the four several terms above-specified. And the commissioners of burghs for their estate have granted that there shall be uplifted off all the burghs within this kingdom at every one of the four terms above-written the just taxation thereof as they have been accustomed to be taxed to in all time bygone, whensoever the temporal lands of this kingdom were stented to 30s the pound land of old extent, and the said taxation to be paid at every one of the four several terms above-written. And in regard that his majesty has erected sundry prelacies in temporal lordships whereby the owners thereof may claim to be taxed with the barons of the temporal estate, and thereby his majesty will be defrauded of a great part of the said taxation, therefore the said estates ordain that all erections of prelacies and other final benefices in whole or in part in temporal lordships shall in payment of the said taxation pay to the collector thereof so much of the same taxation proportionately as if they were in no way erected and as they were subject to do before the erection of the same. And also it is statute and ordained that all dissolved benefices within this kingdom in whole or in part shall be subject in payment of so much of the same taxation proportionately as they would have been subject to pay though the same had not been dissolved, and that the parties who have got any part or portion of any prelacies or other inferior benefices dissolved and new securities made to them by his majesty of that part and portion thereof so dissolved shall be subject in payment of the taxation thereof to the prelate or other beneficed person for his release of the same taxation as they would have been so the same had not been dissolved, notwithstanding of any condition contained in the infeftments and securities made by his majesty to them in the contrary thereof. And further, the said estates annul and discharge all privileges and immunities whatsoever whereby any persons may think themselves free of payment of this present taxation, the privileges granted to the ordinary lords and senators of the college of justice and the taxation of the benefices given, conveyed and mortified for maintenance of the universities, colleges and hospitals within this kingdom only excepted. And further, the said estates, for a more ample testification of their exceedingly great affection to his majesty's services, have in addition to the ordinary taxation above-written made a free and willing offer to his majesty of a yearly extraordinary taxation of the twenty penny of all annualrents, which any person or persons within this kingdom has freely due and payable to them yearly, their own annualrents wherein they are due to others being first deducted; the first term's payment whereof shall be and begin at the feast and term of Martinmas [11 November] next, and so forth yearly and termly at Whitsunday [May/June] and Martinmas for the space of four years, until the said four years and eight terms' payment thereof be full and completely outrun. And for the better trial of every man's annualrent which he has yearly or termly due to him, it is ordained that this act shall be published at the market cross of Edinburgh and of the whole head burghs of the sheriffdoms, stewartries, bailiaries and regalities within this kingdom whereby all his majesty's lieges may have true notice thereof. And therewith all the said estates will, command and ordain all his majesty's subjects that have any annualrents payable to them that they compear within the head burgh of the sheriffdom, stewartry, bailiary or regality or the head burgh in any of these jurisdictions where the head courts are held and where the said annualrenters dwell and have their ordinary residence in any court day in one of the two last weeks immediately preceding and in one of the two first weeks immediately following Whitsunday and Martinmas, at which time the sheriffs, stewarts, bailies and bailies of regalities and provosts and bailies of free burghs within the bounds of their jurisdictions shall be obliged to hold courts weekly to the effect after-specified and the lieges resorting to the said courts shall give up an inventory to the clerk thereof of the whole sums of money for which annualrent is due to them yearly or termly, with the names of their debtors designed by name and surname and the ordinary place of their residence, as also the whole sums of money for which they are subject in payment of annualrents to others with the names of their creditors to whom the same is due, designed likewise by name, surname and the place of their ordinary residence, whether the same annualrent be in victual or in silver; the annualrent of victual to be estimated according to the stock of money, for the which it is paid at ten for each hundred thereof; and shall cause the person who gives in the said inventory every party subscribe his own inventory himself if he can write, and if he cannot write, the clerk of the said court shall subscribe the said inventory in face of court before the members thereof. And also the sheriffs, stewarts, bailies, bailies of regalities, provosts and bailies of free burghs within the bounds of their jurisdictions and the clerks themselves shall make and give up an inventory of the debts owing to themselves and by themselves as said is. It is always provided that if any person impeded by reason of sickness or distracted by some other just occasion shall not be present himself to give up the said inventory, it shall be lawful for him to cause any honest responsible man within the jurisdiction where he dwells to compear and give up his inventory, providing the same be subscribed by himself or by a notary at his command, which person who gives in the inventory shall declare to be a true deed and shall abide at the same upon the like hazard and danger as the principal party should underlie, which shall be as sufficient as if the inventory had been personally given up by the principal party himself; and an inventory being once made and given up shall still stand and be a ground to charge any person during the time of the four years of the said taxation, unless the party change or otherwise employ the sums, and then he shall give up a new inventory, which shall be a new ground of a charge and the former shall cease and the said clerk shall make a record in his register of the said whole inventories; which inventories being so recorded shall be extracted by the said clerk and subscribed with his hand, and three extracts made of the same, one to be given to the party (if he require the same), another to be sent by the said clerk to the collector of the same taxation, and the third to be sent by the said clerk to the clerk of his majesty's registers, to be kept amongst the records of his majesty's exchequer to the intent it may be known how far every party is liable in payment of the said extraordinary taxation, for the which extract and note made in register the said clerk shall have of every person who gives in an inventory the sum of 4s money. And if by sloth or malice the clerk shall happen to delay or shift the lieges resorting to the said courts to the effect foresaid, complaint being made thereof to the lords of his majesty's privy council, the said clerks shall be punished accordingly at the discretion of the said lords; and at the second day in any of the said two weeks preceding or immediately following any term, it shall be permissible to any person to compear and offer to give up his inventory, he making payment of the taxation due for the same which the clerk and judge shall be astricted to receive; and albeit it be declared that an inventory once given up shall still stand and be a ground to charge any person during the whole terms of the said taxation, except the same be changed in manner foresaid, yet because sundry who have this liberty delay to make payment of the taxation of their monies after the term be expired, therefore it is provided and declared that if they fail to make payment of the due taxation of their monies within 20 days after each term, that the party so failing shall be subject in payment of the triple of the said taxation for each term wherein he fails and letters shall be directed against him for payment thereof in the appropriate form. Further, for the better observation of this act it is declared that whosoever receives, retains or conditions to receive any annualrent and conceals the same or any part thereof, or in giving up his inventories of debts and annuals owing by him to his just creditors gives up more than he is justly due, the person who gives in the inventories thereof shall forfeit that term's annualrent to his majesty's use; and whosoever first discovers and reveals either the annualrent concealed or annualrent which is more than the person's just debt, shall for his reward have the half of that term's concealed annualrent and as much of the half of that annualrent which shall be discovered to have been unjustly given up. And in case it shall happen any person or persons whatsoever by virtue of his given inventory to be charged for payment of his taxation, and at the time of his charge to declare in presence of a judge by his great oath solemnly sworn that his debtor is a bankrupt, whereby he is disabled to make payment of his taxation and is content the king's majesty shall have the whole annualrent due to him by his bankrupt debtor for that term, the said declaration shall be a sufficient liberation to him of the same. And for eschewing of malicious informers of those who have omitted or concealed their sums, it is ordained that whensoever any person shall accuse or delate another of concealing or omitting of sums the time of making his inventory he shall condescend upon some probable cause of his accusation and shall find caution concerning the judgement to be delivered in case he fail in proving that which he delates; and there shall no such actions of accusations be lawful against dead persons, their heirs nor executors, except where the same has been intended before the said person's decease, neither shall it be lawful after a year and a day after the expiring of the said taxation to intend any such action. And in case any person purchase wadset of lands and set the same back again in tack to him who wadset the same to him, the tacksman possessor of the said lands shall pay for the stent of the lands, and the holder of the wadset shall pay for the annualrent of his money which he has on the land, as if the same were employed for annualrent. Moreover, it shall not be lawful by any manner of way to any creditor to get relief off his debtor for this taxation which is imposed upon annualrents by this statute, under the pains contained in the acts of parliament made regarding usurers. And concerning minors, it is declared that their minority shall in no way privilege them, but their tutors and curators shall give up their inventories of their annualrents in their names, which, if the said tutors and curators fail to do, the said minors shall incur the like danger as others and at their perfect age shall have action of relief against their said tutors and curators for that cause. And in case any person depart out of this kingdom after the publication of this present act, the same shall in no way excuse him from giving up an inventory of his annualrents and payment of the said taxation and underlying of the danger contained in this present act, but those who are presently out of this kingdom and shall not return before the term of Whitsunday [29 May] 1631, they shall not come under the danger of this act until the term of Martinmas thereafter, providing that at that term they give up their inventories and pay their taxation as if they had been present within the kingdom before the foresaid term of Martinmas next. And for uplifting of the said taxation granted upon annualrents and to the intent his majesty's general collector may know now whom to crave and charge for the same, it is statute and ordained that within every sheriffdom, stewartry, bailiary and regality where the offices of sheriffs, stewarts and bailies are heritable, and the provost and bailies of free burghs, those heritable officers and their deputes for whom they shall be held to answer and provosts and bailies of free burghs shall collect the said taxation and make payment thereof to his majesty's collector general of the said taxation; and where those offices of sheriffs, stewarts and bailies are not heritable but changeable, the clerks within the said jurisdictions having their offices for life shall be collectors thereof. And in case the said clerks have not already found sufficient caution for discharging of their offices, they shall be held before they have any intromission with the same taxation or exercise their offices of sheriff clerk after the foresaid term of Martinmas next, to find sufficient caution for that effect. And where there are no heritable officers nor clerks having their offices for life and have not found caution in manner above-written, the said collector general of his majesty's taxation and his deputes in his name sufficiently authorised by him and for whom he shall be held to answer, and whose name he shall cause publish at the market cross of the head burgh of that jurisdiction where there is no heritable officers nor clerk for life, that his majesty's lieges may know to whom they shall make payment, shall collect and uplift the same taxation; which payment being made, the collector thereof shall be obliged to deliver to the payer thereof an acquittance upon the receipt of the same freely, without payment of any money for the same. It is likewise provided that the fees of the collectors and receivers of the same taxation of annualrents shall be likewise, hereby they are remitted to the discretion and arbitrament of the lords of his majesty's privy council to be set down and agreed upon by them. And the said estates hereby decree and declare that all burgesses and freemen within burgh, albeit they be taxed in the ordinary taxation above-written with their neighbours according to the order prescribed for collecting of the burghs' part of the said ordinary taxation, yet the same shall no way liberate nor free them from payment of their parts of the said extraordinary taxation according to the proportion of the twenty penny of their annualrents, but they shall be liable in payment thereof as others his majesty's lieges are. Moreover, the said estates annul and discharge all privileges and immunities whatsoever whereby any persons may think themselves free of payment of any part of this present extraordinary taxation, the privileges and immunities granted to the ordinary lords of session, with the annualrents due to be paid to colleges, schools and hospitals or mortified for sustentation and upholding of kirks and bridges, with the annualrent that might be claimed of poor people whose stock exceeds not the sum of 500 merks Scottish only excepted. And the said estates, having considered that clause of the late act of parliament and last convention of the estates made in favour of the extraordinary lords and members of the college of justice, and they being in no way willing nor minded to put them in any worse estate and condition by this act than they were by the two former acts foresaid, therefore the said estates, according to the said acts, ordain the extraordinary lords and members of the college of justice to pay their parts of the said taxation, ordinary and extraordinary, with this special provision and condition always: that if at any council day before the first term's payment of the said ordinary taxation they made the like offer to his majesty as they did in the former taxation, that their said offer shall be accepted with all the provisions, exceptions and conditions granted to them and mentioned in the said acts and according to the tenor thereof in all points.
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Forasmuch as the estates presently convened, upon very great considerations moving them and for a testimony of their unfeigned affections to his majesty's service, and for supply of a part of the great charges which his majesty's repairing to this kingdom for receiving of his imperial crown will necessarily draw upon him, and for defraying of the debts which his majesty has contracted for buying of heritable offices, have made a free and willing offer of a taxation to be paid, collected and uplifted in manner and at the terms following, that is to say: for the barons' and freeholders' part of the same taxation, 30s money to be uplifted off every pound land of old extent within this kingdom pertaining to dukes, marquises, earls, viscounts, lords, barons, freeholders and feuars of our sovereign lord's proper lands held by them immediately of his majesty, and to be paid by them at every one of the four several terms following, that is to say: the sum of 30s money at the feast and term of Martinmas [11 November] 1630; the sum of another 30s at the feast and term of Martinmas in the year of God 1631; the sum of another 30s money at the feast and term of Martinmas in the year of God 1632; and the sum of another 30s at the feast and term of Martinmas in the year of God 1633. And for the spiritual men's and burghs' part of the same taxation, that there shall be uplifted off every archbishopric, bishopric, abbacy, priory and other inferior benefice and off every free burgh within this kingdom at every one of the said four terms' payment of the just taxation thereof, and as they have been accustomed to be taxed to in all time bygone whensoever the temporal lands within this kingdom were stented to 30s money the pound land of old extent, and the same taxation to be paid at every one of the four several terms above-written. And for bringing in of the spiritual men's part of the same taxation, ordain letters to be directed charging all and sundry archbishops, bishops, abbots, priors, as likewise all noblemen and others in whose favour the erection of any prelacy or other inferior benefice or any part or portion thereof, be it in lands, kirks or teinds, or in whose favour the patronage of any benefice, kirks or teinds is passed, and all other beneficed persons contained in the tax rolls, their heritable bailies, chamberlains, factors and intromitters with their rents and living personally or at their dwelling places and by open proclamation at the market crosses of the head burghs of the sheriffdoms, stewartries and bailiaries where the said prelacies, erected lordships and final benefices lie, if they be within this kingdom; and if they be without this kingdom, by open proclamation at the market cross of Edinburgh, pier and shore of Leith upon 60 days' warning, to make payment of that sum that they and each one of them are taxed to for every one of the said four terms to the collector general of the said taxation appointed or to be appointed by his majesty and his deputes and officers in his name, having his power and commission to receive the same at the particular terms above-written under the pain of rebellion and of putting them to the horn; and if they fail therein, at the bypassing of every one of the said terms to denounce the disobeyers as rebels and put them to the horn and to escheat etc. And that the prelates and beneficed persons and such noblemen and others in whose favour the erections and patronages above-written are passed, for their relief, have letters charging their vassals, sub-vassals, ladies of terce, conjunct fiars and life-renters, feuars, tacksmen and pensioners to make payment of their part of the said taxation, each one of them proportionately according to the sum they shall be taxed to, to the said prelates and other beneficed persons, and to the said noblemen and others having power to receive the same within 20 days after the charge, under the pain of rebellion; and if they fail, to denounce etc. and escheat etc. and to poind and distrenzie therefore as they shall think most expedient, providing always that the first term's payment of the said taxation be ever past before the next term's payment be charged for. And the estates declare that the production of sufficient hornings against the said vassals, feuars, tacksmen and pensioners shall be a relief to the said prelates, lords of erection and beneficed persons, and shall exonerate them for as much from payment of the said taxation, providing that the same hornings with their tax rolls authentically made and subscribed by the said prelates, lords of erection and beneficed persons and by their feuars, vassals, tacksmen and pensioners in manner hereafter prescribed containing the particular sum which each one of them are taxed to, be delivered to the collector of the same taxation within the space of 60 days after every term, otherwise he shall be in no way obliged to receive the same, neither shall the prelate, lord of erection nor other beneficed person be exonerated by production of the same at any time thereafter. And further, that the said prelates and such noblemen and others in whose favour the erections and patronages above-written are passed and all other beneficed persons may have their relief off their vassals, sub-vassals, ladies of terce, conjunct fiars, life-renters, feuars, tacksmen and pensioners, to the greater ease and less trouble to their said vassals and others foresaid, and to the effect that every one proportionally may pay his part of the said taxation according to the quantity and value of the free rent which he has of his benefice, lands, pensions, kirks and teind sheaves pertaining to him, as well the prelate, lord of erection, patron and other beneficed persons themselves as the feuar, tacksman and pensioner, it is thought expedient, statute and ordained that the said prelates and others above-rehearsed, every one of them separately, shall convene his whole feuars, vassals, tacksmen and pensioners at the particular places hereafter designed, they are to say: [John Spottiswood], archbishop of St Andrews at the city of St Andrews, [James Law], archbishop of Glasgow at the city of Glasgow, [George Graham], bishop of Orkney at the town of Kirkwall, [John Abernethy], bishop of Caithness at the town of Dornoch, [Patrick Lindsay], bishop of Ross at the town of Chanonry of Ross, [John Guthrie], bishop of Moray at the town of Elgin, [Patrick Forbes], bishop of Aberdeen at the burgh of Aberdeen, [David Lindsay], bishop of Brechin at the burgh of Brechin, [Alexander Lindsay], bishop of Dunkeld at the town of Dunkeld, [Adam Bellenden], bishop of Dunblane at the town of Dunblane, [Andrew Lamb], bishop of Galloway at the town of Wigtown, [Andrew Boyd], bishop of Argyll at the town of Inveraray, [John Leslie], bishop of the Isles at the burgh of Rothesay in Bute, the abbot of Iona at the burgh of Inverness, the prior of Ardchattan at the burgh of Inveraray, the abbot of Fearn at the burgh of Tain, the Lord Beauly at the burgh of Inverness, [Thomas Bruce], lord Kinloss at the burgh of Forres, the prior of Pluscarden at the burgh of Elgin, the Lord of Deer at the town of Peterhead, the prior of Fyvie at the town of Turriff, the prior of Monymusk at the town of Monymusk, the Lord of Arbroath at the burgh of Arbroath, [David Murray], lord Scone at the burgh of Perth, [James Elphinstone], lord Coupar at the town of Coupar in Angus, the prior of Restenneth at the burgh of Forfar, the collector of the same taxation in place of the prior of Charterhouse, the seat now vacant at the burgh of Perth, the prior of Elcho at the same burgh of Perth, the prior of Strathfillan at the kirk of Comrie, the Lord of Inchaffray at the burgh of Perth, the prior of Inchmahome at the burgh of Stirling, the prior of St Andrews at the city of St Andrews, the bailie of the regality of Dunfermline at the burgh of Dunfermline, [John Elphinstone], lord Balmerino at the burgh of Cupar in Fife, [Patrick Leslie], lord Lindores at the burgh of Cupar in Fife†, the Masters of St Leonard's College in St Andrews for the priory of Portmoak at the burgh of Cupar in Fife, the prior of Pittenweem at the burgh of Pittenweem, [James Stewart], lord St Colme at the burgh of Inverkeithing, [James Colville], lord [Colville] of Culross at the burgh of Culross, the abbot of Cambuskenneth at the burgh of Stirling, [John Sandilands], lord Torphichen at the burgh of Linlithgow, the prior of Manuel at the burgh of Linlithgow, [John Bothwell], lord Holyroodhouse at the burgh of Edinburgh, the Lord Newbattle at the burgh of Edinburgh, the prioress of Haddington at the burgh of Haddington, the lord of the temporal lands of the priory of North Berwick at the burgh of North Berwick, the patron and parson of the kirk of Kilconquhar, dissolved from the priory of North Berwick, at the town of Elie, the patron and parson of the kirk of Largo, dissolved from North Berwick, at the town of Largo, the patron and parson of the kirk of Maybole, dissolved from North Berwick, at the town of Maybole, the patron and parson of the kirk of Logie, dissolved from North Berwick, at the burgh of Stirling, the Lord of Kelso at the town of Kelso, the Lord of Coldingham at the town of Eyemouth, the Lord of Dryburgh at the town of Dryburgh, the prior of Eccles at the town of Duns, the prior of Coldstream at the town of Duns, [Andrew Kerr], lord Jedburgh at the burgh of Jedburgh, the Lord of Melrose at the town of Melrose, [James Hamilton], lord Paisley at the town of Paisley, [William Stewart], lord Blantyre at the burgh of Glasgow, the lord and bailie of the temporal lands of Kilwinning at the burgh of Irvine, the abbot of Crossraguel at the town of Maybole, the prior of Whithorn at the burgh of Whithorn, the prior of Soulseat at the burgh of Whithorn, the prior of St Mary's Isle at the burgh of Kirkcudbright, the Lord of Dundrennan at the burgh of Kirkcudbright, the Lord of Glenluce at the burgh of Wigtown, the abbot of Tongland at the burgh of Wigtown, the abbot of New Abbey† at the burgh of Dumfries, the abbot of Holywood at the burgh of Dumfries, the prior of Canonbie at the burgh of Annan, the baron and bailie of the barony of Broughton, dissolved from the lordship of Holyroodhouse, at the burgh of Edinburgh, the heritors of the hundred pound land of the barony of Monkland, dissolved from the lordship of Newbattle, at the city of Glasgow, the minister of Failford at the burgh of Ayr, the minister of Scotlandwell at the burgh of St Andrews, the minister of the cross kirk of Peebles at the burgh of Peebles, the patron and parson of the kirk of Dundee, dissolved from the abbacy of Lindores, at the burgh of Dundee, and all other small beneficed persons at the parish kirks of their particular benefices; and that they convene to the effect above-written upon 13 October 1630, which is declared to be the precise day appointed for all their vassals, feuars, tacksmen and pensioners to keep the said meeting, and that no further citation nor summoning shall be requisite than this proclamation and publication of this present act at the market cross of the head burghs of this kingdom. And herewith it is resolved by the said estates that if any vassal, sub-vassal, feuar, tacksman of teinds, pensioner or any other justly bound to make relief to the prelate, lord of erection, patron or other beneficed person of any part of the said taxation shall send any procurators in his name sufficiently authorised to the said meeting, the same shall not only excuse the absence of the principal party, but the procurators shall be admitted in all things and received to do and perform in the distribution of the said taxation what could or lawfully might have been done by him who sent him. It is likewise declared that the prelate, lord of erection, patron or other beneficed person impeded by disease or distracted upon some other necessary occasion from attending that meeting, having his absence supplied that day by any sufficient worthy person whom he shall authorise and appoint to that effect, shall be as lawful as if he were personally present himself, and the party so authorised shall be admitted and received in all things to do and perform in the distribution of the same taxation what could or lawfully might have been done by him who sent him. It is further statute and ordained that at the said day of meeting the said prelates, lords of erection, patrons and other beneficed persons shall by themselves, or by their procurators lawfully authorised as said is, fence and hold a court, call by name and surname upon every one of their vassals, sub-vassals, feuars, tacksmen of teinds, pensioners and others obliged to relieve them of any part of the same taxation, and lawful time and day being bidden to show to their said vassals, feuars, tacksmen and pensioners or their procurators compearing for them the quantity of the taxation imposed upon their prelacy, erected lordship or other benefice, authentically subscribed by the clerk of the same taxation, and they all (at the least so many of them as shall convene for this effect), with one consent, shall distribute the same to be paid by every man as well by the prelate, lord of erection and present possessor of small benefices for the free rent which every one of them has of their prelacies, erected lordships and small benefices, as by the vassal, feuar, tacksman and pensioner, according to the great or small quantity of free rent which every one of them has either of their lands, teinds or pensions; with certification to any of the said persons, feuars, vassals, tacksmen or pensioners that compear not by themselves or their procurators at the day and place above-specified to the effect foresaid, that such as shall convene with the said prelates, lords of erection, patrons and other beneficed persons or their procurators shall proceed in the equal distribution of the same taxation, as well among them that are absent as present, and shall make and subscribe an authentic tax roll thereupon. And in case that none of the said vassals, feuars, tacksmen and pensioners shall convene at the day and place above-specified to this effect by themselves or their procurators, but shall wilfully absent themselves from the said meeting, it shall be lawful for the said prelates, lords of erection, patrons and other beneficed persons being present by themselves or their procurators at the day and places above-specified, to make, set down and subscribe the same tax roll. And in case any of the said prelates, lords of erection, patrons and other beneficed persons shall not convene by themselves or by their procurators at the day and places above-specified particularly designed to every one of them, it shall be lawful for the said vassals, feuars, tacksmen and pensioners (at the least so many of them as shall convene by themselves or their procurators) to make, set down and subscribe the said tax roll, which tax roll shall contain the particular sum that every one shall be found justly to be due to pay, the parties' name due to pay the same and the cause wherefore the same ought to be paid, and being so set down either by the prelate, lord of erection, patron and other beneficed person or their lawful procurators with so many of their vassals, sub-vassals, feuars, tacksmen of teinds, pensioners and others obliged to relieve them of any part of the same taxation as shall convene with them to this effect, and in case that none shall convene with them, the said roll being then set down by the prelate, lord of erection, patron or other beneficed person or their lawful procurators, or in case of their absence being set down, made and subscribed by the most part of the said vassals, feuars, tacksmen and pensioners as by themselves or their procurators shall convene themselves for this effect, the estates determine to be as lawful in all respects as if the whole number of persons having interest therein had convened, made, set down and subscribed the same. Which tax roll being so set down, made and subscribed in manner above-written (and no otherwise), and delivered to the clerk of the taxation, the said estates ordain him to give warrant for giving letters of relief thereupon, discharging him in any case to give warrant for giving of letters of relief upon any roll presented to him not made and authentically subscribed in form above-written, as he will answer to the contrary upon his peril. It is likewise statute and ordained that tacksmen of teinds shall have their relief off their sub-tacksmen for as much, respect being had to the grassum paid by the said sub-tacksmen, and for bringing in of the barons' and freeholders' parts of the same taxation and of the feuars and renters of our sovereign lord's proper lands their parts thereof, ordain letters to be directed charging all and sundry sheriffs, stewarts, bailies, their deputes and clerks, feuars, chamberlains and receivers of our sovereign lord's proper lands, that they and every one of them within the bounds of their proper offices raise and uplift the sum of 30s money of this realm off every pound land of old extent lying within the bounds of their jurisdictions for every one of the four terms above-specified, and bring in and deliver the same to the collector foresaid or to his deputes and officers in his name, having his power to receive the same, at the particular terms above-specified under the pain of rebellion etc., and if they fail, at the bypassing of every one of the said terms, to denounce and escheat etc.; and for their relief that letters be directed charging all and sundry earls, lords, barons, freeholders, feuars and renters of our sovereign lord's proper lands personally or at their dwelling places and by open proclamation at the market cross of the head burgh of the sheriffdom, stewartry and bailiary where their lands lie, if they be within the kingdom; and if they be without the kingdom, by open proclamation at the market cross of Edinburgh, pier and shore of Leith upon 60 days' warning, to make payment to the said sheriffs, stewarts, bailies, their deputes and clerks, chamberlains and receivers of our sovereign lord's proper lands, every one of them for their own parts respectively, the said sum of 30s money foresaid for every pound land of old extent pertaining to them for every one of the said four terms' payment within 20 days next after they be charged thereto, under the pain of rebellion etc., and if they fail to denounce etc., and to escheat etc., and if need be that the said sheriffs, stewarts, bailies, their deputes and clerks, chamberlains and receivers of our sovereign lord's proper lands poind and distrenzie the readiest goods and gear being upon the said lands thereof, as they shall think most expedient. And that the said earls, lords, barons and freeholders, feuars and renters of our sovereign lord's lands have letters for their relief to charge their vassals, sub-vassals, ladies of terce, conjunct fiars and life-renters to make payment of their parts of the said taxation within 20 days next after the charge under the pain of rebellion etc., and if they fail to denounce etc. and escheat etc., and if need be that they poind and distrenzie thereof, providing always that the first term's payment of the said taxation be ever past before the next be charged for. And for collecting of the burghs' part of the same taxation, ordain letters to be directed charging the provost and bailies of each burgh to make payment of the tax and stent thereof to the collector general, his deputes and officers in his name having his power to receive the same at the particular terms above-specified, under the pain of rebellion etc., and if they fail to denounce and escheat etc.; and for their relief that letters be directed charging the provost, bailies and council within each burgh to convene 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 of the said stent upon the inhabitants of every burgh, and to convene and set the same and make a stent roll thereupon as appropriate, within 24 hours next, after the charge, under the pain of rebellion etc., and if they fail to denounce etc. and escheat etc. And also, the said stent roll being made and set down as said is, to charge the burgesses, indwellers and inhabitants within each burgh to make payment of their parts of the said stent to the said provost and bailies according to the tax roll to be given out thereupon, within three days next after the charge, and if they fail, to denounce etc. and escheat etc., and if need be that the said provost and bailies poind and distrenzie thereof as they think most expedient. It is always provided that no person whatsoever be stented or taxed within burgh, except according to the value and quantity of his rent, living, goods and gear which he has within burgh, in no way respecting his lands nor possessions which he has in the country, for the which he will be obliged to pay taxation to other officers, providing always that the first term's payment of the said taxation be ever past before the next be charged for. Moreover, the said estates decree and declare that the charges to be given for payment of the said taxation shall be executed before the terms of payment above-specified for every term's payment particularly by itself, and that the denunciation of horning following thereupon shall not be executed until the terms of payment be past and 20 days thereafter, which denunciation so following upon the charges given before the said terms of payment the said estates decree and declare to be valid and sufficient. And the said estates, considering the great abuse that has been used in all time bygone by sundry of the lieges of this kingdom against all good conscience in causing of their poor farmers, tenants and labourers of the ground, being removable, who are subject in payment of very dear ferms and other duties, to relieve them of the whole burden of the bygone taxation, which has been the occasion of impoverishing a number of the said farmers, labourers and tenants and bringing of them to utter wrack and ruin, whereas of reason they should be altogether free from the payment of any taxation and the same should be paid by such as have free rents, lands and goods of their own; for remedy whereof, it is statute and ordained that no persons whatsoever exact or compel his farmers or tenants removable, who pay ferm and other dear duties for the lands occupied by them, to pay any part of this present taxation or to seek relief at their hands of the same, and if the same be found done by any persons that they shall be called and convened therefore before his majesty's justice and his deputes or before his majesty's council as violent and masterful oppressors of his majesty's subjects and punished for that according to justice. And further, the estates, considering that besides the ordinary charges which his majesty underlies for the maintenance of the honour, dignity and estate of his majesty's kingdom, his majesty is likewise driven to many other great charges for buying of heritable offices and other intervening occasions occurring in the estate; therefore, beside the ordinary taxation above-written, the said estates have for the space of four years next and immediately following the term of Martinmas [11 November] next freely and voluntarily granted to his majesty a yearly extraordinary taxation of the twenty penny of all annualrents which any person or persons within this kingdom has freely due and payable to them yearly and termly, their own annualrents wherein they are due to others being first deducted, the first term's payment thereof shall be and begin at the said feast and term of Martinmas next, and so forth yearly and termly at Martinmas and Whitsunday [May/June] until the said four years and eight terms' payment thereof be fully and completely outrun; and whereas the said estates have by act of parliament authorised all and sundry heritable sheriffs, stewarts, bailies and bailies of regalities and their deputes and the provosts and bailies of free burghs within the bounds of their jurisdictions, as likewise the clerks within these jurisdictions where these offices are not heritable, which clerks have their offices for life, to collect the said extraordinary taxation and to make payment thereof to the collector general of the same taxation; therefore and for bringing in of the said extraordinary taxation, the said estates ordain letters to be directed charging all and sundry the said heritable sheriffs, stewarts, bailies, bailies of regalities and their deputes and clerks and the said provosts and bailies of free burghs and their clerks, as likewise the clerks within the jurisdictions where these offices are not heritable, that they and every one of them north of the River Dee within 15 days after every term of Martinmas and Whitsunday, and that they and every one of them south of the River Dee within the space of 10 days after every term of Martinmas and Whitsunday, deliver to his majesty's said collector general a true and just account and inventory of the whole sums of money due to be paid by any person within the bounds of their jurisdiction for his part of the said extraordinary taxation; and that they give up the same account in inventory upon their oath solemnly sworn that the same is just and true, and to make payment to his majesty's said collector general or to his deputes in his name, having his power to receive the same, of the whole monies due to be paid to his majesty according to the said account and inventory, within 20 days after each term, under the pain of rebellion etc.; and in case the said sheriffs, stewarts, bailies, bailies of regalities, their deputes and clerks fail, to denounce etc. and to escheat etc., for whose relief that letters be directed charging all and sundry the said annualrenters to make payment to the said sheriffs, stewarts, bailies, bailies of regalities, their deputes and clerks, provosts and bailies of free burghs of the said twenty penny of all annualrents freely due and payable to them within 20 days next after the charge, under the pain of rebellion etc., and if they fail to denounce etc., and if need be that the said sheriffs, stewarts, bailies of regalities, clerks, provosts and bailies of free burghs poind and distrenzie thereof as they shall think most expedient. And the estates ordain the lords of session to be only judges to all suspensions to be craved and suited by any of our sovereign lord's lieges touching the said taxation, which suspensions the said estates find may be granted upon lawful and equitable reasons to be considered by them, and discharge all other judges within the kingdom of granting of any suspensions relating thereto; with power to the said lords to delegate five at the least of their ordinary number as they think expedient to sit, examine and decide the said suspensions in time of vacation if need be.
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Whereas in the taxation granted in the month of October 1625 the giving up of inventories of monies within burgh was only restricted to such burghs as were heritable sheriffs within themselves, which was a great hindrance and prejudice to his majesty in his extraordinary taxation and a great vexation and trouble to the free burghs of this kingdom, therefore the estates, according to his majesty's gracious letter and direction read in their audience, ordain the inventories of monies within burgh to be given up to the provosts and bailies of all the free burghs within this kingdom, every one within their own bounds and jurisdiction.
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The which day the missive letter underwritten, signed by the king's majesty, containing his gracious and royal will and pleasure that his majesty's subjects should be discharged of all penal statutes preceding the date hereof, being presented to the said estates and read in their audience and they, with most submissive and dutiful respect, acknowledging his majesty's gracious favour shown to the body of this estate by the discharge of the said penal statutes, they therefore, in one voice, agreed upon the form and tenor of the act following:
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The estates presently convened, according to his majesty's gracious will and pleasure signified to them by his letter, have discharged, pardoned and freely remitted and, by the tenor of this present act, discharge, pardon and freely remit all penal statutes whatsoever contravened by any of his majesty's subjects at any time bygone preceding the date hereof, and which were formerly remitted and pardoned in any preceding parliaments; and also discharge all his majesty's subjects of the fines of all penal statutes made in the parliament held at Edinburgh in the month of August 1621, excepting always out of and from the said pardon the statutes made against usury and the concealments of the monies of his majesty's taxation and the bearing and wearing of hackbuts and pistols where the same have been carried and used against any of his majesty's good subjects, or where the bearers thereof have been formerly convened before his majesty's council and have found caution to forbear.
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The which day Sir Thomas Hope of Craighall, knight baronet, advocate to our sovereign lord, protested for his majesty that the general pardon passed this day in convention be only extended to such acts of parliament as have a pecuniary and arbitrary punishment added thereto, and which by the act of parliament in August 1621 are designed to be penal statutes; and specially that it be not extended to the faults and escapes of writers and clerks for oppressing his majesty's lieges in time bygone in respect the pain thereof is deprivation from their office which is not pecuniary nor arbitrary. And also desired that the exception of hackbuts and pistols in favour of those who have committed no crime nor offence therewith, which seems to be reasonable, may be recommended to his majesty because his majesty's letter is only extended to such penal statutes as were pardoned of before, whereof that of pistols was never remitted.
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Follows his majesty's missive letter for warrant of the two acts above-written:
Charles Rex, right trusty and well-beloved cousins and councillors, we greet you well. Whereas humble complaint has been made to us in behalf of diverse of our free burghs who are not sheriffs within themselves, that they undergo great and unnecessary charges by travelling to parts far distant from their dwellings for giving up the inventories of their annualrents to the sheriffs of the shire, where the same might much more conveniently and as surely be done before their provosts and bailies, wherein we, inclining that some order be established for their good and ease, our pleasure is (if you find that we be not thereby prejudiced and that no inconvenience otherwise may arise by the same) that you signify our pleasure to our next convention of estates there, that they give way thereto by making such an act of convention as you and they shall best condescend upon to this purpose, to be ratified in the next parliament, whereby both the said magistrates and other subjects may from henceforth be authorised to proceed accordingly. And whereas we are informed that our late royal father, of his princely favour, pardoned diverse penal statutes, as by commissions for trying of what of them were fit to be executed what to be pardoned may appear, we being likewise willing for diverse good and weighty causes moving us at this time to give them such taste of our bounty and favour as may the better induce them not to transgress our laws hereafter, or expect any further impunity in case they should abuse our princely clemency herein, whereof we are willing that special notice be given them after what manner you shall think fit, our pleasure is that by an act of the said convention to be ratified in the ensuing parliament you cause discharge our subjects of all penal statutes whatsoever preceding the date hereof, which were formerly remitted in any parliament and of the fines of all penal statutes made in 1621. And for your so doing this letter shall be your warrant. So we bid you farewell. From our court at Whitehall, 28 June 1630.
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The which day, Sir Thomas Hope of Craighall, knight baronet, his majesty's advocate, produced a missive letter written to him from the king's majesty containing a direction to him to pursue and proceed against Laurence Keir, late servant to Master John Skene, clerk of the bills, for some oppressions committed by the said Laurence against his majesty's subjects in the charge which he had under the said Master John Skene, if he found the information made to his majesty in that matter to be true; and therefore the said advocate, out of the duty of his office, protested that the pardon and discharge of penal statutes granted in this convention shall not be extended to the crimes of oppression and extortion allegedly committed by the said Laurence, and that the said crimes were not of the nature and quality of penal statutes. Which protestation being heard and considered by the estates, they remit the consideration thereof to his majesty's royal and excellent judgement.
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The estates ordain that hospitals shall be inserted in the act of taxation to be free of payment of any part thereof.
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The estates ordain that dukes, marquises and viscounts shall be inserted in the act of taxation as persons liable to the payment of their parts of the same.
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The estates find that if any person be convened in his own lifetime for concealed monies, that the process shall be sustained against his heirs and executors being pursued within a year and a day after his decease.
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The estates, considering that the lords of erection who have surrendered their superiorities in the king's majesty's hands will be burdened with the collecting of the taxation of their erections as formerly they were before the surrenders, which will be very chargeable and expensive to them, and whereof they will get no allowance nor relief as formerly they were wont to do from their vassals, feuars, tacksmen and pensioners, therefore the estates allow to them the sum of £100 out of every £1,000 of taxation which they shall make account of out of their erections.
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The which day George, marquis of Huntly protested that the ranking of him and his order and sitting at this present convention shall not be prejudicial to him regarding his precedence, place and order of voting due to him in all parliaments, conventions and other meetings in time coming.