Legislation
Act in favour of the shires in the west and others that rose in opposition to the late unlawful Engagement

The estates of parliament, taking into their consideration the eminency of the sufferings of the sheriffdoms of Ayr, Renfrew, Lanark, Dunbarton, Wigtown and stewartry of Kirkcudbright and burghs therein, and all well-affected in shires and burghs who were in the same action with the said shires at the time of the rising of the same in opposition to the late unlawful Engagement for their non-compliance with the said unlawful Engagement and the great expenses they have been put to in opposition to the promoters of the said Engagement, which did far exceed many months' maintenance, therefore the estates of parliament find and declare that what maintenance is not uplifted from the well-affected who rose as said is in these shires and burghs and other shires and burghs of the kingdom due for any months since 29 February 1648 to 1 November last shall remain still in their hands and is hereby discharged to them, and what they have delivered to the subcollectors of the months aforesaid and remains in their hands unpaid to the commissary-general shall be refunded to the several heritors proportionally according to the payment made to the said subcollectors. And ordain the whole maintenance of the said months to be uplifted from those not well-affected and who rose not as said is within the said sheriffdoms of Ayr, Renfrew, Lanark, Dunbarton, Wigtown and stewartry of Kirkcudbright and burghs therein; and likewise ordain the whole maintenance of the months of March, April, May, June and July last to be uplifted from those not well-affected as said is within the other shires and burghs to be distributed at the sight of the respective committees of war in the said shires and other shires of this kingdom to the well-affected according to the proportion of their sufferings and actions aforesaid, providing the said particular shires of Ayr, Renfrew, Dunbarton, Wigtown and stewartry of Kirkcudbright and burghs thereof make payment of such sums as are drawn upon precepts already for payment of meal and widows of those killed at Mauchline Moor out of the maintenance preceding November last, the same not exceeding the sum of £500 sterling and the payment thereof to be according to the several proportions of the said shires respectively. And ordain the maintenance of the months of August, September and October which is not appointed to be uplifted or retained to be uplifted by the several collectors of the shires respectively and delivered to Sir James Stewart [of Kirkfield and Coltness], commissary-general. And in the same manner the said estates ordain the said shires of Ayr, Renfrew, Lanark, Dunbarton, Wigtown and stewartry of Kirkcudbright and burgesses thereof and all well-affected persons in shires and burghs who were in the same action with the said shires at the time of the rising of the same in opposition to the late unlawful Engagement, with the whole other burghs and shires within this kingdom, to pay without defalcation the maintenance of the months of November and December 1648 and January 1649. And likewise the estates of parliament ordain the suspended part of the maintenance of each shire and burgh from 1 March until 1 October last uplifted or not uplifted be called for and collected by the respective committees of war in the several shires, to be applied by them for relief of the sufferings of the well-affected in the said shires and burghs. And also ordain that the suspension granted to the said shires and burghs shall continue from 1 October last until the month of February instant, with provision that the said shires shall give in and instruct their whole sufferings between now and 1 May next, otherwise the said suspension for the said four months to be null and that the said shires and burghs shall pay their maintenance for the month of February as the rest of the kingdom.

  1. NAS. PA2/24, f.95r-96r. Back
  2. Two drafts of this act can be found in NAS. PA6/8 at 3 February 1649. Back
  3. Not in manuscript or the printed acts. In APS only. Back
  4. NAS. PA2/24, f.96r-96v. Back
  5. Perhaps Spinningdale, south-east of Bonar Bridge. Back
  6. NAS. PA2/24, f.96v-97r. Back
Act of maintenance for the month of February

The estates of parliament, now presently convened in this second session of the second triennial parliament by virtue of an act of the committee of estates, who had power and authority from the last parliament for convening the parliament, considering the dangers now threatening religion, covenant and the peace of these kingdoms, and that they are thereby necessitated to keep up the forces within this kingdom and to provide for their subsistence, have therefore thought fit to prorogate and continue the monthly maintenance as it was imposed upon the said kingdom by virtue of an act of the committee of estates of 3 November 1648 for one month after the month of January contained in the former act, which month shall begin upon 1 February instant and continue until 1 March next to come, with a deduction of a just third part of the said monthly maintenance which was formerly established, so that the said shires and burghs shall be only liable in payment of the two part of the said maintenance formerly imposed upon them for the said month of February, which two part shall be paid by them without any deduction nor defalcation. And therefore statute and ordain that each burgh and shire within this kingdom is and shall be liable and obliged in payment of the particular sums of money underwritten for the said month of February and that between now and 15 February instant; and ordain the same to be paid to Sir James Stewart [of Kirkfield and Coltness], provost of Edinburgh, treasurer of the army and collector general of the said maintenance, or his deputes or subcollectors; and that the sums to be paid by the several shires and burghs be as follows, namely: the sheriffdom of Orkney of monthly pay, 1,143 merks; Inverness, 4,176 merks; Caithness, 945 merks; Cromarty, 99 merks; Sutherland, 423 merks; Nairn, 315 merks; Elgin, 1,890 merks; Aberdeen, 6,543 merks; Banff, 1,431 merks; Kincardine, 1,566 merks; Forfar, 5,004 merks; Perth, 8,001 merks; Fife, 6,642 merks; Stirling, 2,538 merks; Kinross, 144 merks; Clackmannan, 522 merks; Edinburgh, 4,167 merks; Linlithgow, 1,746 merks; Haddington, 3,384 merks; Berwick, 3,555 merks; Roxburgh, 5,778 merks; Selkirk, 1,278 merks; Peebles, 1,638 merks; Lanark, 5,382 merks; Ayr, 6,066 merks; Wigtown and Kirkcudbright, 4,374 merks; Dumfries, 4,446 merks; Renfrew, 2,205 merks; Dunbarton, 1,233 merks; Argyll, 2,907 merks; Bute, 459 merks. Follows the sums payable monthly by the burghs, according to their tax roll, namely: Edinburgh, 5,175 merks; Perth, 810 merks; Dundee, 1,200 merks; Aberdeen, 1,260 merks; Stirling, 240 merks; Linlithgow, 324 merks; St Andrews, 780 merks; Glasgow, 1,530 merks; Ayr, 342 merks; Haddington, 324 merks; Dysart, 270 merks; Kirkcaldy, 600 merks; Montrose, 324 merks; Cupar, 216 merks; Anstruther Easter, 180 merks; Dumfries, 270 merks; Inverness, 450 merks; Brechin, 220 merks; Irvine, 252 merks; Elgin, 135 merks; Jedburgh, 126 merks; Kirkcudbright, 180 merks; Wigtown, 135 merks; Pittenweem, 120 merks; Dunfermline, 162 merks; Dumbarton, 162 merks; Renfrew, 90 merks; Lanark, 162 merks; Arbroath, 81 merks; Burntisland, 216 merks; Peebles, 108 merks; Crail, 216 merks; Kinghorn, 108 merks; Tain, 90 merks; Selkirk, 126 merks; Anstruther Wester, 54 merks; Culross, 90 merks; Dunbar, 180 merks; Banff, 72 merks; Whithorn, 45 merks; Forfar, 27 merks; Rothesay, 60 merks; Forres, 54 merks; Rutherglen, 45 merks; North Berwick, 36 merks; Cullen, 27 merks; Nairn, 36 merks; Lauder, 45 merks; Inverkeithing, 90 merks; Kilrenny, 27 merks; Annan, 30 merks; Lochmaben, 18 merks; Sanquhar, 27 merks; Galloway, 18 merks; Dingwall, 18 merks; Queensferry, 108 merks; Dornoch, 18 merks. For the better bringing in and collecting thereof, the said estates of parliament allow to the said Sir James Stewart deputies, one or more in each shire and parish, in manner contained in the act for the tax and loan, which collectors and deputies aforesaid and clerks to be appointed by him shall have such fees as are allowed in the act of loan and tax, the burghs always being free of the said fees. And the estates ordain that the letters and charges to follow upon this act for payment of the aforesaid maintenance shall be raised and directed at the instance of the said Sir James Stewart and collectors aforesaid against the subcollectors of shires, magistrates of burghs, collectors of parishes, heritors, feuars, liferenters and others indebted in payment of their several proportions of this monthly maintenance now imposed, and with power to the said Sir James Stewart that if any shire or burgh be deficient in payment of their parts of this maintenance, to employ any forces that shall happen to be upon the bounds for the time or in the next neighbouring bounds adjacent thereto for uplifting the said month's maintenance from the deficient shires, burghs and parishes, which troops are to receive their subsistence from the deficients at the ordinary rates besides the payment of their maintenance. And it is hereby ordained that the committees of war within the several shires shall aid and assist the said commissary-general herein for bringing in of the said maintenance. And in regard of the prorogating of the said maintenance on the said shires and burghs for the said month of February, it is statute and ordained by the estates of parliament that every debtor shall have retention from the creditors of one of each eight payable for annualrent for the said month above-specified, so that the debtor shall be liable in payment of seven per cent of annualrent of each hundred of stock proportionally according to the said month, with this provision always: that no debtor whatsoever shall have the aforesaid benefit of retention who shall not pay his annualrent to the creditor within the space of one year after that one preceding annualrent is fully resting owed unpaid. And in regard of the present distressed condition of the sheriffdoms of Argyll and Bute, the estates do liberate the whole sheriffdom of Argyll from all payment of the aforesaid one month's maintenance of February instant, and also liberate the sheriffdom of Bute from all payment of the equal half of the said month's maintenance [above-written imposed upon the shire for the said month's maintenance], and ordain the said shire of Bute to be only liable in payment of the other half of the said month's maintenance and to be proportionally paid by the heritors and others liable in payment thereof through the whole shire of Bute. As also the estates declare this present act to be without prejudice of the act granted in favour of the town of Inverness of 5 January 1647, that any taxations or impositions to be laid on that town be allowed to them in part of their losses, according to the tenor of the act. And lastly it is ordained that no suspension be granted without consignation and that all heritors within burghs, pendicles and liberties thereof, shall contribute with them for payment of the maintenance as is mentioned in the act of 27 February 1645. And the said estates ordain that the lands and teinds shall pay the aforesaid maintenance as they lie locally in shires and burghs, according to the former act of maintenance. And it is hereby declared that this act is to be without prejudice of the privileges of the lords of session, according to former acts of maintenance, and ordain the same presently to be proclaimed and thereafter printed.

  1. NAS. PA2/24, f.95r-96r. Back
  2. Two drafts of this act can be found in NAS. PA6/8 at 3 February 1649. Back
  3. Not in manuscript or the printed acts. In APS only. Back
  4. NAS. PA2/24, f.96r-96v. Back
  5. Perhaps Spinningdale, south-east of Bonar Bridge. Back
  6. NAS. PA2/24, f.96v-97r. Back
Act in favour of [John Gordon], earl of Sutherland

The estates of parliament, now presently convened in this second session of the second triennial parliament by virtue of an act of the committee of estates, who had power and authority from the last parliament for convening the parliament, having heard and considered the report of the committee of accounts, losses and burdens etc. concerning the supplication of John, earl of Sutherland, Sir John Gordon of Embo, knight, Robert Murray of Spainziedaill, John Gordon of Sidderey, Alexander Gordon of Carrol, John Sutherland of Clyne, John Gordon of Holmsdale, Walter Murray of Pitgrudy, Robert Gray of [...], [...] Gray of Swordale, Alexander Gray of Ospisdale, Mr Robert Gray of Auchinbining and Patrick Dunbar of Oathill, for themselves and in name and on behalf of the other heritors, tenants and inhabitants within the sheriffdom of Sutherland, craving allowance of their maintenance for help of maintaining and upholding of a guard of 400 men with their baggage men for repressing and resisting the wrongs, oppressions and robberies, intromissions with and collecting of the rents and duties of the supplicants' lands committed and done by Donald [MacKay], lord Reay and John [MacKay], master of Reay, his son, accompanied with their friends and a great number of Irish rebels whose number does increase daily, as the said supplication more fully bears. The said estates of parliament, in consideration of the said earl of Sutherland's great trouble and the great care he has had in keeping some forces on foot for the safety of the country and for his encouragement in time coming, have allowed to him the 400 merks payable monthly out of the shire of Sutherland for the months of December and January last and February instant, and hereby discharge all charges given for making payment of the said sum of 400 merks allowed as said is for the months of December and January last by those who had warrant to uplift the said maintenance of the said shire, and of all further charging or troubling of the said earl of Sutherland and supplicants above-written for payment making of the said sum for the said month of February instant; discharging also hereby all quarterings for the said months as said is. And also the said estates of parliament remit and recommend to the committee of dispatches to think upon some effectual course for securing these parts of the country in time coming.

  1. NAS. PA2/24, f.95r-96r. Back
  2. Two drafts of this act can be found in NAS. PA6/8 at 3 February 1649. Back
  3. Not in manuscript or the printed acts. In APS only. Back
  4. NAS. PA2/24, f.96r-96v. Back
  5. Perhaps Spinningdale, south-east of Bonar Bridge. Back
  6. NAS. PA2/24, f.96v-97r. Back
Act of exemption from payment of maintenance for the month of February in favour of certain persons within the sheriffdoms of Elgin and Nairn etc.

The estates of parliament, taking into their consideration the distressed estate and condition of the lands and burghs underwritten: the burghs of Lanark, Brechin and Cullen, the wasted lands pertaining to [John Gordon], earl of Sutherland; in the sheriffdom of Elgin, the lands of Dallas; Knockandy's lands; Boigs' lands; Earlsmill and [Alexander Brodie], laird of Lethen's lands; Item, the lands belonging to Spynie and his mother; Aikenwall's lands; the lands of Tilliglens; the burghs of Elgin and Forres in the sheriffdom of Nairn, namely: the lands pertaining to [John Campbell], laird of Cawdor, to Mr James Campbell, to Patrick Campbell of Boath, to Colin Campbell, to the laird of Lethen, to the laird of Kinsteary, to Edingight, to Knockcawdie, to Clova and his son; Item, the burgh of Nairn in the sheriffdom of Inverness; the lands pertaining to the children and widow of the late Colin Campbell of Ardnasier and Calcantrie; and that the said burghs and lands respectively aforesaid were wasted and burnt by James Graham, [earl of Montrose] and his adherents and the late [George Gordon], marquis of Huntly in the late rebellion, as likewise by those who were upon the late unlawful Engagement, and that they are thereby altogether disabled to pay the monthly maintenance. Therefore, and in consideration thereof, the said estates of parliament do hereby liberate the aforesaid burghs and lands from paying the monthly maintenance in manner and for the space underwritten, namely: the burghs of Lanark, Brechin and Cullen and the said wasted lands pertaining to the said earl of Sutherland, extending to £36 per month; Item, within the sheriffdom of Elgin, the lands of Dallas, extending to £16 per month; the lands belonging to Knockandy, extending to £10 per month; to Boigs, £10 per month; to Earlsmill, £8 per month; to the laird of Lethen, £30 per month; Tilliglens, £4 per month; burgh of Elgin, £46 per month; Forres, £50 per month; to Spynie and his mother, £20 per month; to Aikenwall, £5 per month; Item, in the sheriffdom of Nairn, the lands belonging to the laird of Cawdor, £30 per month; to Mr James Campbell, £8 per month; to Patrick Campbell of Boath, £6 per month; to Colin Campbell, £4 per month; to the laird of Lethen, £44 per month; to Kinsteary, £10 per month; to Edingight, £10 per month; to Knockandy, £4 per month; to Clova and his son, £16 per month; the burgh of Nairn, £36 per month; in the sheriffdom of Inverness, the lands belonging to the children and widow of the late Colin Campbell of Ardnasier and Calcantrie, £20 per month; the town of Cullen, £27 per month; and that for the month of February instant. And the estates of parliament hereby discharge [Sir James Stewart of Kirkfield and Coltness], commissary-general, and his subcollectors to exact the maintenance above-written for the said month of February as said is.

  1. NAS. PA2/24, f.95r-96r. Back
  2. Two drafts of this act can be found in NAS. PA6/8 at 3 February 1649. Back
  3. Not in manuscript or the printed acts. In APS only. Back
  4. NAS. PA2/24, f.96r-96v. Back
  5. Perhaps Spinningdale, south-east of Bonar Bridge. Back
  6. NAS. PA2/24, f.96v-97r. Back