Legislation: private acts
Act regarding the charges and commissioners' expenses for the barons

Our sovereign lord and estates of parliament ratify and approve the acts made by his majesty's predecessors King James I of worthy memory in his 7th parliament and 101st act thereof, and the act made by his majesty's late dearest father of worthy memory in his 22nd parliament regarding the commissioners of small barons in parliament in the whole heads, clauses and articles thereof, and specially that article of the said last act bearing that all freeholders be taxed for the expenses of the commissioners of the shires passing to parliaments or general councils, and letters of horning and poinding to be directed for payment of the sums taxed for that effect upon a simple charge of six days only, with this addition: for clearing of the quantity and manner of the said taxation that there shall be allowed to every one of the said commissioners for their whole charges and expenses £5 every day for their expenses upon any parliaments or general councils, counting the first and last days from the down-sitting and rising of the said parliaments, with such other days allowed for the commissioners of every shire for their coming to the said parliaments or general councils and returning therefrom from time to time as they shall sit or be adjourned, namely: for the commissioners of the sheriffdom of Edinburgh, for their coming and going, one day; of Fife, two days; of Linlithgow, two days; of Lanark, four days; of Nithsdale, four days; of Dunbarton, four days; of Stirling, two days; of Haddington, one day; of Berwick, four days; of Clackmannan, two days; of Kinross-shire, two days; of Perth, four days; of Kincardine, four days; of Ayr, four days; of Wigtown, six days; of Kirkcudbright, four days; of Roxburgh, four days; of Aberdeen, eight days; of Renfrew, four days; of Selkirk, two days; of Banff, eight days; of Elgin, ten days; of Nairn, ten days; of Argyll, eight days; of Inverness, twelve days; of Caithness, sixteen days; of Sutherland, fourteen days; of Orkney, thirty days. The which daily allowance after rising of the said parliaments or general councils shall be calculated and put in a sum by the clerk of parliament under his hand, to be divided and imposed proportionally upon the whole freeholders, heritors and life-renters holding of the king's majesty and the prince, according to the proportion of their lands and rents lying within the shire, excepting always out of this act all the lands belonging to the noblemen or their immediate vassals, and therefore declare that their lands held of his majesty or prince and their vassals to be free of the said tax, notwithstanding of this present act or any act preceding, and that letters be directed thereupon by the lords of session to charge the freeholders, heritors and life-renters holding of his majesty and the prince to convene at the head burgh of every shire upon one special day for dividing and setting down the proportion thereof in manner foresaid, with power also to stent the said freeholders, heritors and life-renters for the tenth penny more of the said whole so calculated for the expenses of the letters to be raised thereof, and other charges in the collection thereof, with certification that such as shall convene shall have power to proceed notwithstanding of the absence of the rest; and that letters of horning and poinding be directed thereupon at the instance of the said commissioners for payment thereof in manner above-written, and if payment be not made within the days contained in the charge, so that the commissioners be forced to poind thereof, then and in that case it shall be lawful to poind for the double of the sum charged, besides that charged by the sheriff, and no suspension pass thereupon but upon consignation only; and if the suspension discuss against the suspender, in that case the suspender shall be ordained to make payment to the commissioners of the double of the sum charged for, in addition to the commissioner's other charges and expenses in discussing the suspension. And this act to take effect for the commissioners of this present parliament and all parliaments hereafter.

  1. NAS, PA2/22, f.153r-153v. Back
  2. APS interpolation, 'of Peebles, two days; of Bute, six days; of Angus, four days'. This is taken from the printed act in The Acts made in the Second Parliament of our most high and dread sovereign Charles, by the grace of God, King of Scotland, England, France and Ireland, Defender of the Faith, &c. Holden at Edinburgh in the severall Sessions thereof, according to the dates therein mentioned, (Edinburgh, 1641), p.97. Back
  3. The original warrant, at NAS, PA6/5, 'November 11 1641', here adds the following words (deleted): 'And nevertheless it is hereby declared that this present act shall in no way be extended to the heritors and vassals of bishops' and abbots' lands for payment of the said stent and taxation for this present parliament, but they are hereby declared to be free thereof, they always being liable and astricted in payment of the sum at all parliaments and general councils to be held in all time coming.' Back
  4. NAS, PA2/22, f.153v-154v. Back
Act in favour of the commissioners for the sheriffdom of Sutherland

Our sovereign lord and estates of parliament, considering that by an act of the date of this act made regarding the expenses of commissioners of shires passing to parliaments or general councils allowance shall be given to the said commissioners for their whole charge and expenses in manner specified in the said act, and that the daily allowance appointed for each commissioner in manner mentioned and divided in the said act after the rising of the said parliaments or general councils shall be calculated and put in a sum by the clerks of parliament under their hand, to be divided and imposed proportionally upon the whole freeholders of the king's majesty and prince, according to the stent of their lands lying within the shire, and that letters be directed thereupon by the lords of session to charge the said freeholders of his majesty and prince to convene at the head burgh of every shire upon a special day for dividing and setting down the proportion thereof in manner foresaid, as the said act made in favour of the said whole commissioners of small barons and shires at more length bears. And his majesty and the said estates, considering that in the parliament in the year of God 1633 a particular act was made in favour of the free barons and other inhabitants within the sheriffdom of Sutherland, giving power to them to elect and choose their own commissioners for the said sheriffdom to compear at parliaments, meetings and general conventions within this kingdom at all occasions, and considering likewise that, by the said act made in favour of the said whole commissioners, the commissioner chosen and attending this present parliament for the sheriffdom of Sutherland, and the commissioners who shall be chosen and sent from the said sheriffdom of Sutherland to attend these parliaments, general councils and other general meetings and conventions of estates hereafter in all time coming, shall have no allowance of their expenses and charges to be disbursed by them in the said service, albeit the said shire be one of the remotest and farthest distance in the kingdom, because there are only two inhabitants within the said shire holding lands of the king's majesty, the whole other heritors being either vassals to [John Gordon], earl of Sutherland or holding their lands of some other superior, and so according to the said general act the allowance of the commissioner of that shire cannot be divided nor imposed for payment and satisfaction of his charges and expenses, except the same be extended against the heritors, feuars and freeholders within the said sheriffdom holding lands of other superiors in manner underwritten. Therefore his majesty and estates of parliament ordain the allowance appointed by the said general act in favour of the commissioners of the said sheriffdom of Sutherland to be extended, divided and imposed proportionally upon all and sundry heritors, feuars, life-renters and freeholders within the said shire, whether they be vassals to his majesty or holding their lands of any other superior whatsoever, according to the stent of the lands lying within the said shire, and that letters be directed thereupon by the lords of session to charge all and sundry the heritors, feuars, life-renters and freeholders within the said shire holding of any superior whatsoever to convene at Dornoch, being the head burgh of the said shire, upon a special day for dividing and setting down the proportion thereof in manner foresaid, with power also to stent all and sundry the foresaid heritors, feuars, life-renters and freeholders holding of whatsoever superior within the said shire, for the tenth penny more of the said whole sums so calculated for the expenses of the letters to be raised thereof and other charges in collecting thereof, with certification that such as shall convene shall have power to proceed notwithstanding of the absence of the rest; and that letters of horning and poinding be directed thereupon at the instances of the said commissioners for payment thereof in manner above-written, and if payment be not made within the days contained in the charge so that the said commissioners shall be forced to poind thereof, then and in that case it shall be lawful to poind for the double of the sum charged, besides that charged by the sheriff, and that no suspension pass thereupon but upon consignation only; and if the suspension shall discuss against the suspender, in that case the suspender shall be ordained to make payment to the commissioners of the double of the sum charged for, in addition to the commissioner's other charges and expenses in discussing of the suspension. And this act to take effect for the commissioners of this present parliament and all parliaments hereafter.

  1. NAS, PA2/22, f.153r-153v. Back
  2. APS interpolation, 'of Peebles, two days; of Bute, six days; of Angus, four days'. This is taken from the printed act in The Acts made in the Second Parliament of our most high and dread sovereign Charles, by the grace of God, King of Scotland, England, France and Ireland, Defender of the Faith, &c. Holden at Edinburgh in the severall Sessions thereof, according to the dates therein mentioned, (Edinburgh, 1641), p.97. Back
  3. The original warrant, at NAS, PA6/5, 'November 11 1641', here adds the following words (deleted): 'And nevertheless it is hereby declared that this present act shall in no way be extended to the heritors and vassals of bishops' and abbots' lands for payment of the said stent and taxation for this present parliament, but they are hereby declared to be free thereof, they always being liable and astricted in payment of the sum at all parliaments and general councils to be held in all time coming.' Back
  4. NAS, PA2/22, f.153v-154v. Back