[1644/1/5]*[print] [email] [cite] [preceding] [following]
Sederunt
[1644/1/6]*[print] [email] [cite] [preceding] [following]
The convention of estates considering how necessary it is at this time that some supply of money be in readiness for supplying of the army, think that the most just and equal way of raising the same is by way of excise, and for that effect give commission to [John Maitland, earl of] Lauderdale, [John Hay, lord] Yester, [John Elphinstone, lord] Balmerino, [Alexander Brodie of] Brodie, [Sir Patrick Hepburn of] Waughton, [Thomas Crombie of] Kemnay, the commissioners [Robert Fleming and Thomas Paterson for] Edinburgh, [Alexander Inglis of Craigmakerran for] Perth, [Patrick Leslie of Iden for] Aberdeen, or any six of them, there being two of every estate, to meet and set down the best way of raising and proportioning the same, and to report.
[1644/1/7]*[print] [email] [cite] [preceding] [following]
The convention ordains citation to be directed against [James Hamilton], earl of Abercorn to come and subscribe the covenant under the pains contained in the act made relating thereto.
[1644/1/8]*[print] [email] [cite] [preceding] [following]
The convention ordains and gives power to the committee of estates to cause summon all such persons before the next parliament who are declared enemies for not subscribing the covenant.
[1644/1/9]*[print] [email] [cite] [preceding] [following]
The convention of estates ratify and approve the commission of lieutenancy granted by the council and committee of estates to the marquis of Argyll against the Clandonald.
[1644/1/10]*[print] [email] [cite] [preceding] [following]
The convention ordains the estates and rents of all such as are sentenced for not subscribing the covenant to be made forthcoming and uplifted for the use of the public, reserving always power to the committee of estates to modify some allowance for maintenance of their wives and children within the country as they shall think fit, and that the loan, tax, annuities and ministers' stipends be paid forth thereof, and that the committee give warrant to pay annualrents due to covenanters, the persons receiving the same first giving assignation of their right thereof to the public, that restitution may be had of the estates of such as shall be sentenced as said is. Likewise it is hereby declared that the annualrents paid and assigned in manner aforesaid shall still affect and be a burden upon the livings of the persons sentenced in favour of the public.
[1644/1/11]*[print] [email] [cite] [preceding] [following]
Whereas by many loveable acts of parliament all the subjects of the kingdom are ordained to be sufficiently armed and to be in readiness for repressing internal insurrection and opposing of foreign invasion, likewise the estates of this kingdom at the last convention, taking into their consideration the imminent danger of the true Protestant religion, his majesty's person and authority and peace of his kingdoms by the multitude of papists, prelates and their adherents now in arms in England and Ireland, and the occasion thereby given not only to the public enemies of religion abroad but even many disaffected persons at home to labour so far as in them lies to subvert the religion and peace now happily established in this kingdom, do find it necessary that all means be speedily used for preventing the practices of such for preserving of the peace and keeping of his majesty's subjects in a dutiful obedience to the laws and present judicatories, and in Christian unity amongst themselves; and did therefore ordain that this kingdom should be presently put into a posture of defence, and did nominate and choose certain persons to be colonels of horse and foot, and did appoint committees within the several sheriffdoms and bounds of the kingdom to that effect, with power to them to take special trial and make perfect lists of the whole fencible persons between 60 and 16 within their shire for foot or horse, and to have a special care to see them sufficiently provided with arms. And the estates now presently convened, considering that the desolation of Ireland, the bloodshed in England and danger of this kingdom does daily increase, which has also moved this kingdom to set forth an army in pursuance of the covenant, which has taken away a great number of arms and ammunition out of the country, and that this kingdom may be enabled to suppress all internal commotions, recruit the army sent forth if need be and defend themselves against foreign invasion, have statute and ordained and hereby statute and ordain the colonels and committees aforesaid appointed in each shire to take special trial and draw up perfect lists of the whole fencible persons between 60 and 16 within their shire and see them sufficiently provided with arms. And to the effect that the want of the arms taken out of the country with the army to Ireland and England may be speedily supplied and that the kingdom may be put into a right military posture for defence, the estates ordain each shire and burgh within the same to provide the particular quantities of arms and ammunition following: [...]†. And for that effect, that the committees of the several shires send some in name of the shire to the committee of estates with money to buy the said arms or sufficient surety from the shire to those who shall provide and bring the arms into the kingdom, and that the particular quantities of arms above-written be laid upon and bought by the heritors within the shires according to the proportion of the several rents, according to the valuation thereof. And that there may be a sufficient number of trained men who can exercise their arms in each shire for the ends aforesaid, the estates ordain the colonels and committees aforesaid to arrange their whole fencible persons in the shire (as well to burgh as landward) into regiments, foot companies and horse troops, according to their former printed acts of the convention for putting the kingdom in a posture of defence; and ordain that a similar number of men in each shire who were appointed to come out in this present expedition be drilled and exercised in managing their arms, every regiment once a month and every company and troop once a week, at such places as the said colonels and committees shall appoint; and that each shire shall maintain an able and expert soldier who may have the care and inspection of exercising the regiments and companies of their shire, and the colonels and committee of the shire are to take such course for inferior officers and sergeants as may best, with least expense, exercise their men, and who are hereby required to see the captains of each company provided with colours and drums, and the rutmasters with trumpets and cornets, and that they be in readiness as they shall receive orders from the committee of estates, to bring forth such number and preparation of their regiments with sufficient equipment, arms and provision as they shall be required; and that the first men that shall be sent forth wherever occasion shall require by the regiments and troops which were appointed in the northern and remote shires to come out in this present expedition and have stayed at home, and with or next to them the half of the number appointed to come out of the shires for this present expedition. And the committee of estates have special care to see this act put in speedy and exact execution, with power to them to do everything which may further the putting the country in a right and speedy posture.
This act to be without prejudice of any former orders made for the prices of arms to be sent in this expedition.
[1644/1/12]*[print] [email] [cite] [preceding] [following]
The convention, having read and considered the deputation underwritten produced by [Sir Adam Hepburn of] Humbie, they do allow thereof and ordain the same to be registered, whereof the tenor follows:
Be it known to all men by these present letters, me, Sir Adam Hepburn of Humbie, knight, one of the senators of the college of justice and collector general of the loan and tax lately appointed to be raised by the late convention of estates, forasmuch as the said convention of estates, by their act and commission of the date 17 August last, did nominate and appoint me to be general collector of the sum and loan of 1,200,000 merks, with 100,000 merks allowed by the said act for the expenses in collecting thereof and for exemptions mentioned in the said act, and of the tax of £120,000 appointed by the said estates to be raised and uplifted within this kingdom in manner and for the causes mentioned in another act of the said convention of estates, dated 15 August last, and by the which act and commission granted to me as general collector aforesaid, the said convention of estates have given power and warrant to me to nominate and appoint deputies and under-receivers under me (for whom I shall be answerable) for receiving the said loan and tax respectively from the several commissioners and subcollectors for shires and parishes and other intromitters thereupon and indebted in payment of the same. As also to nominate and appoint subcollectors for the whole shires of the kingdom where the same are not already nominated by the said act of convention, for receiving, collecting and bringing in thereof, as the said gift and commission granted by the said convention of estates to me as general collector aforesaid at more length purports. And I having experience of the fidelity and ability of Mr Alexander Foulis, lawful son to the late George Foulis of Ravelston, for exercising and discharging the said office and place of general collector depute to the said loan and tax respectively, therefore, namely by me, the said Sir Adam Hepburn, general collector aforesaid, to have nominated and appointed, likewise I, by this act, nominate, appoint and constitute the said Mr Alexander Foulis general collector depute for me for receiving the said loan and tax respectively from the several commissioners and subcollectors for shires, burghs and parishes and intromitters thereupon indebted in payment of the same, and give and grant to him the said office of general collector depute, with all privileges, liberties and immunities pertaining and belonging thereto or which may pertain or belong to the same or has pertained or belonged to the office of general collector depute of any preceding taxations. With power to the said Mr Alexander Foulis to crave, exact, receive, intromit with and uplift the aforesaid sums appointed and ordained to be raised by way of loan and tax respectively out of every shire, burgh, parish and land within this kingdom and from the several commissioners and collectors for shires and subcollectors for parishes and from all others liable in payment of the same or either of them respectively, and to raise and direct letters and all manner of execution requisite for collecting and payment thereof, either in my name or his own name or both, and to cause put the said letters to due execution, according to the tenor of the said act of convention. As likewise with power to the said Mr Alexander Foulis, general collector depute aforesaid, to give and subscribe acquittances and discharges in his own name, which I will by this act shall be as sufficient to the receivers as if the same were subscribed and delivered by myself; and with power to the said Mr Alexander Foulis to nominate and appoint subcollectors for the whole shires of the kingdom (if there be any as yet not nominated) for receiving, collecting and bringing in the said loan and tax respectively, and generally all and sundry other things anent the premises likewise and as freely in all respects as I, by virtue of my said gift, or any other collectors general of any preceding taxation, their deputies, subcollectors and under-receivers and all other officers have done heretofore, providing always, likewise it is hereby provided and ordained, that the said Mr Alexander Foulis shall be accountable to me and the said estates of this kingdom or to the committee to be appointed by them having power for that effect for account and reckoning of his intromission with the aforesaid loan and tax respectively and for his diligence anent the same. And for more security, I ordain this act to be registered in the books of the aforesaid convention of estates or in the books of the aforesaid collection and loan, there to remain for future memory, and for registering hereof, constitutes [...] my procurators, promising concerning authorisation etc. In witness whereof, written by William Wright, servant to Alexander Ogilvie, writer in Edinburgh, and subscribed by me at Edinburgh, 3 January 1644 before these witnesses, Robert Neill, my servant, and the said William Wright, writer hereof, and William Cairns, servant to the said Sir Adam. Signed thus, A. Hepburn, with my hand, R. Neill, witness, W. Cairns, witness.