[1646/11/486]*[print] [email] [cite] [preceding] [following]
The estates of parliament of the kingdom of Scotland, now convened in this sixth session of the first triennial parliament, having taken into their serious considerations the report of that committee appointed by them for hearing and considering the bills and supplications presented to the parliament concerning the supplications given in to the parliament by the free royal burghs of this kingdom for repairing their losses by sea and land, the said estates of parliament find that by an act of 27 July 1644 in the first session of this same parliament the estates did then ordain the sum of £15,000 sterling of the brotherly assistance granted by the parliament of England to this kingdom and then unpaid to be sequestrated and put in the hands of Sir John Smith [of Grotehill], then provost of Edinburgh, for the use and relief of the whole sea losses within this kingdom preceding that time, and to be applied for that use to the parties damnified according to the quantity of their several losses after the same were tried and instructed, in manner as the aforesaid act more fully bears, which act the said estates do hereby ratify and approve. And further they have modified and allowed and by this act modify and allow the sum of £20,000 sterling (besides the £15,000 sterling aforesaid) to be given to the whole free royal burghs of this kingdom towards the reparation of their losses by sea and land sustained by them since that time, for which £15,000 sterling above-specified was ordained to be given by the former act for their losses by sea mentioned in the same act, which sum of £20,000 sterling the said estates of parliament ordain to be given and paid for the use aforesaid to any persons, one or more, who shall be authorised with power and warrant from the royal burghs of this kingdom to receive the same, and that out of the remainder of the aforesaid brotherly assistance due and payable by the parliament and kingdom of England to this kingdom and not already paid nor formerly assigned. And for this effect the estates of parliament do hereby assign and convey to the said free royal burghs of this kingdom for the use aforesaid the said sum of £20,000 sterling out of the remainder of the brotherly assistance above-mentioned yet unpaid by the parliament and kingdom of England to this kingdom and not formerly assigned as said is. Likewise also the said estates of parliament by this act grant precept and warrant for payment of the said sum of £20,000 sterling out of the remainder of the brotherly assistance aforesaid yet unpaid and not formerly assigned to any person or persons, one or more, who shall be authorised with power and warrant from the royal burghs of this kingdom to receive the same upon the discharge to be granted by them upon the receipt of the said sum, whose discharge thereof the estates of parliament declare shall be a sufficient warrant and exoneration to the payers thereof and to all others interested or that may be concerned therein. Of which £20,000 sterling above-mentioned the estates of parliament allow £10,000 thereof to be applied towards the reparation of the aforesaid losses by land, and the other £10,000 to be applied towards the reparation of their losses by sea; and ordain the whole aforesaid sums of money above-mentioned to be justly and equally divided and proportioned towards the reparation of the aforesaid losses by sea and land respectively to the burghs and parties interested, according to their several losses respectively by the aforesaid free royal burghs of this kingdom amongst themselves. And, in case they cannot agree upon the proportioning and dividing of the said sums above-mentioned, the estates of parliament ordain the committee of estates to divide the same or rectify the division to be made by the burghs as the committee shall find just and reasonable and as they shall find burghs or parties interested to be prejudiced, for the which this act shall be a sufficient warrant.