[1661/1/437]*[print] [email] [cite] [preceding] [following]
Forasmuch as in the year 1650, when invitations were made to the king's majesty for his coming home to the government of his kingdom, Sir John Wauchope [of Niddrie-Marischal] and Sir John Smith, to testify their cheerfulness in that affair did, when other means failed and were obstructed, freely advance out of their own fortunes several sums of money for defraying the expense in that employment and, thereafter, the said Sir John Smith, upon his own credit, did provide for the use of the king's army certain proportions of arms of all sorts and victual without which, in all probability, the army had not been able to march; the consideration of all which and of Sir John Smith's readiness at that time to advance his majesty's service, moved his majesty, with advice and consent of his estates of parliament, in December 1650 to lay upon him the office of commissary general to the army, with this express declaration, that the kingdom should be debtor to him and his heirs for all such sums of money as he had or should give out for the public use and whereof he should not receive ready payment by his intromissions and, in order thereunto, commission was given to him for gathering in and uplifting those eight months' maintenance then appointed to be raised out of the months of December 1650, January, February, March, April, May, June and July 1651, in discharge of which commission and for the necessary use of his majesty's army, Sir John was necessitated to give out several sums of which he has not received as yet payment, being, by the fatal changes that fell out at that time, stopped in uplifting of those months' maintenance appointed for that use. And his majesty having, after his happy return to his royal government, taken the same to his consideration, did seriously recommend to the committee of estates to take course for his satisfaction and that all the orders and assignments granted to him for that end should be made effectual; in obedience whereof his accounts being, by order of the committee, exactly perused and stated, the debt owing to him is restricted to the sum of £100,000 Scots, though according to the accounts the same will extend to £24,512 5s 8d more. And the king's majesty, considering that by positive acts passed in his royal presence the said Sir John has right to the uplifting of those eight months' maintenance, and that the kingdom is still obliged as debtor for what is owing to him, does conceive that in justice he should not be any longer stopped but encouraged and allowed in the raising of the means appointed for his repayment and relief, but withal remembering that diverse sums of money were really advanced and given out by John [Middleton], earl of Middleton in his majesty's service in order to and for the promoting of that just and necessary engagement undertaken in the year 1648 for relief of his majesty's royal father out of prison and for his restitution to his royal government, the repayment of which sums of money was obstructed and stopped by the violence and injustice of those who, after August 1648, usurped to themselves the public authority of the kingdom. And his majesty conceiving himself obliged in honour and justice to see the sums of money undertaken for the service of his royal father repaid does, therefore, with advice and consent of his estates of parliament, appoint and ordain that the rest of these eight months' maintenance above-mentioned shall be burdened with the payment of £40,000 Scots as a part of the sums of money due to the said earl of Middleton; and therefore his majesty, with advice foresaid, does hereby give order, commission and command to Sir Alexander Durham, lord lyon, and the said Sir John Smith and their subcollectors, to raise and uplift what is resting owed unpaid of the said eight months' maintenance in the several shires and burghs of the kingdom. But because diverse of the said shires and burghs were at that time destroyed or overburdened by those English who invaded the kingdom, his majesty, with advice foresaid, has thought and accordingly does hereby grant to them the abatements following, namely, that the shires of Berwick, Edinburgh, Haddington and Linlithgow, and the burghs therein, in regard of their known devastation to be entirely freed and exempted from these eight months' maintenance; that the shire of Lanark be exempted of two parts and be only liable for a third part; that the town of Glasgow be exempted of three parts and be only liable for a fourth part; that the shires of Ayr and Renfrew, and burghs therein, be exempted of one half and be liable for the other half, provided always that the benefit of the exempted half is not extended to those who joined in arms with Kerr and Strachan and did not acknowledge his majesty's command; that the shire of Peebles, and burghs therein, be exempted of the third only and be liable in the other two parts; that the shires of Roxburgh, Selkirk and Dumfries, and the burghs therein, be exempted of a fourth part and be liable for the other three parts, and in regard that the shires of Fife, Kinross, Stirling, Clackmannan, Perth, Forfar, Kincardine, Aberdeen and Banff, and the burghs therein, did in the time bear and undergo burdens far greater than their proportions of the foresaid maintenance, they are entirely freed and exempted from the same. And it is appointed and declared that all other shires and burghs of the kingdom are liable for what is yet resting owed by them unpaid of the said eight months' maintenance, and if any part of these months' maintenance have been paid by the shires and burghs to the collectors† are liable for the same and make account and payment thereof to the said Sir Alexander Durham and Sir John Smith; and to the end that the same with the rest thereof may be the more speedily collected and disposed of for the use foresaid, his majesty, with advice and consent foresaid, ordains letters of horning upon fifteen days' poinding and others necessary to be directed at the instance of the said Sir Alexander Durham and Sir John Smith and their subcollectors against the heritors, liferenters, wadsetters, collectors and others indebted in payment of the said eight months' maintenance, each one of them for their own parts of the same, so far as they are resting in manner foresaid, and that no suspension be granted but upon consignation, provided always that no singular successor who has bought lands since the time of these dues shall be liable in the payment of these dues for these lands so bought except they are particularly obliged thereto. And his majesty, with advice foresaid, ordains that £40,000 Scots of the first and readiest shall be uplifted of the said dues by virtue hereof be paid to the earl of Middleton, his heirs and assignees as aforesaid, and thereafter Sir John Smith is to retain in his own hand the sum of £100,000 Scots, for the payment of the which to him, his heirs or assignees the said maintenance, with reservation to the earl of Middleton as aforesaid, is hereby declared liable to be burdened; and further, the sum of £4,000, at the least so much thereof as after just account shall be found still due to him and not paid, is to be paid to Alexander Bower in Dundee for victual furnished by him to the king's army. Likewise the said Sir Alexander Durham and Sir John Smith are hereby ordained to use all diligence for bringing in of the same and employing it, as said is, for which diligence, as also for their intromission and for the surplus what they shall receive more than the sums of money above-mentioned, they are to be accountable to his majesty and the next session of parliament, collector fees and necessary charges to be disbursed in collecting thereof being allowed.
[1661/1/438]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that Sir John Wemyss of Bogie, being appointed commissary general and treasurer to the army that was raised in the year 1648 for relief of his majesty's royal father out of prison, and for his restitution to his royal government did, from his zeal and affection for promoting of that engagement, engage in several sums of money for which the kingdom was then debtor and gave bond to several persons for sums advanced in that service, whereof he was, by two several acts of parliament in April and May 1648, appointed to be relieved and repaid out of the monthly maintenance granted and imposed at that time, and that he was interrupted in the collecting thereof by the prevalency of a party who, contrary to all law, justice and the duty of good subjects, did rise in arms in opposition to that necessary and honourable engagement and, having usurped to themselves the public authority, did among their other unjust and unlawful practises thrust the said Sir John Wemyss from his employment aforesaid, and the means appointed for his relief of the sums so seasonably and dutifully advanced and engaged for, as said is; and his majesty, considering that in honour and justice the said Sir John Wemyss and others interested with him and eminently engaged at that time in advancements for his majesty's service should be redressed and, so far as is possible, restored to that relief which by the parliament was appointed for them, does therefore, with advice and consent of the estates of parliament, hereby give warrant, power and commission to Sir Alexander Durham, lord lyon, and the said Sir John Wemyss and their subcollectors, to uplift and collect what is resting in the hands of any person or persons of the monthly maintenance imposed and laid on in any meeting of parliament or committees during the time that the said Sir John Wemyss was general commissary, or which were uplifted and remains yet in collectors' hands, or which was remitted or allowed to any shire, burgh, person or persons by any act of any pretended committee after August 1648, or of any pretended parliament or committee in the year 1649, and more particularly with power to them to uplift these eight months' maintenance, from the last of February 1648 to 1 November thereafter, from the shires of Ayr, Renfrew, Lanark, Dunbarton, Wigtown and Kirkcudbright, and burghs therein, and from all other shires or burghs, person or persons that were exempted by any act of the said pretended parliaments or committees, under the name and notion of the well-affected, or for opposing of that engagement of 1648 or any other public service, in order thereunto or for any other cause whatsoever and which then was, and yet is unpaid by them or any of them, or which remains uncounted for in collectors' hands, or was remitted to them by any of the said pretended meetings or was applied by the collectors to the use of any private persons under the notion of being well-affected, by order of an act of a pretended parliament of 23 February 1649, or which was received back by any such person or persons from the collectors of the said eight months' maintenance upon the account foresaid; as also, with power to them and their subcollectors to receive and uplift any maintenance resting in the hands of collectors or subcollectors, or that stands resting by stated accounts upon any shire, burgh or person, or for which any person has given bond or subscribed account or any obligation by writ to any collectors or subcollectors, or where whole shires, burghs or parishes did not pay any maintenance at all and so are well-known to be due any maintenance during the time of [Sir Adam Hepburn], lord Humbie being general commissary. And his majesty, considering that there are diverse sums of money owing to John [Middleton], earl of Middleton, and which at several necessary occasions were advanced by him out of his private fortune for promoting his majesty's service, therefore his majesty, with advice foresaid, ordains the said Sir Alexander Durham and Sir John Wemyss, out of the first and readiest of the said collections, to make payment to John, earl of Middleton, his heirs or assignees, of the sum of £60,000 Scots, with the annualrent thereof from the date hereof until the repayment thereof, and that in satisfaction for as much of the sums resting to him as said is; and in the next place the said Sir John Wemyss is hereby empowered to retain in his own hand the sum of £29,926 Scots owed to him for money advanced by him to the army in his majesty's service in the year 1648, with the bygone interest thereof, and until he is paid of the same; and in the third place [John Lindsay], earl of Crawford Lindsay, lord treasurer, is to be paid of the sum of £14,133 Scots, with its interest, which was advanced by him and is due conforming to an act of [...] of the date the [...] day of [...] 16[...] years; and in the fourth place it is appointed that the said maintenance to be collected by virtue of this act shall be employed for payment to the heirs and executors of Sir Alexander Hamilton, general of the artillery, and Sir James Fraser of Brae the sum of £29,644 resting and due to them, conforming to the public acts made to them thereupon with the bygone interests thereof, and for which the said Sir John Wemyss, being commissary general for the time, did give his bond at the least each of the said persons in their respective orders to be paid of the said sums by the said Sir Alexander Durham and Sir John Wemyss according to their intromission, for which only they are to be answerable and no further, deducting collectors' fees and necessary charges to be disbursed in collecting thereof; and as to the surplus, if any shall be, that they make payment thereof according as orders shall be given by the lords of his majesty's privy council who are hereby empowered to call in for the accounts of what shall be received by virtue of this act, and to give their orders for the surplus and discharges thereupon. It is always declared that this act and anything therein-contained shall be without prejudice to William, lord Cochrane of his payment of the sum of £20,900 Scots by and out of the maintenance of the shires of Ayr, Renfrew, Wigtown and Kirkcudbright due for the months of August and September 1648, which sums were given out by him for advancing of the Engagement for his majesty's relief in the year 1648, and is due by acts passed at that time and according whereunto his majesty, with advice foresaid, does ordain the readiest of the said two months' maintenance for the foresaid shires of Ayr, Renfrew, Wigtown and Kirkcudbright to be applied for his payment of the sum above-written of £20,900 Scots and no otherwise. And forasmuch as James [Livingstone], earl of Callander, John [Hamilton], lord Bargany, Sir James Dundas [of Arniston], Sir Archibald Sydserf and Robert Fleming, for their affection and zeal in promoting the Engagement of 1648 and for their acting therein by public orders of those that carried on that engagement, were thereafter forced by those who usurped the power that year to lay out and pay £12,000 Scots, each of them their proportional part, for the hire of ships employed in the public service that year, and for which the maintenance of the month of October in that same year was designed, and his majesty finding it just that they should be repaid of the same does, therefore, assign the first and readiest of the maintenance due for the month of October 1648 to be applied for the payment to them of the said sum of £12,000 Scots, anything in this act to the contrary notwithstanding, and ordains present execution to be used for the same in the same manner as for the other sums and dues of other months above-written; and as to the annualrent of the said sum and the other to the Lord Cochrane, it is recommended to the lords of privy council to take such course therein as they shall think fit, the former sums contained in this act being always first paid. And to the end that the maintenance aforesaid and dues thereof may be more speedily collected and disposed of for the use aforesaid, his majesty, with consent foresaid, ordains letters of horning upon fifteen days, poinding and other means necessary, to be directed at the instance of the said Sir Alexander Durham, Sir John Wemyss and their subcollectors against the heritors, liferenters, wadsetters and others indebted in payment of the said dues and bygone maintenance for payment thereof, each one of them for their own parts of the same so far as they are due in manner foresaid, and that no suspension is granted but upon consignation. It is always provided that no singular successor who has bought lands since the time of these dues shall be liable in the payment of these dues for these lands so bought, except they be particularly obliged thereunto, and it is appointed that the quarterings which were by order and conforming to an act of 9 May 1648, and no other quarterings, are to be allowed out of the dues of the maintenance aforesaid, and the lords of session to be judges in case of variance upon the probation of payment, consignation being made, as said is, in case of any suspension. And further his majesty, considering that the said Sir John Wemyss had given bond for several sums contained in the superexpenses of his accounts and that it is unjust that he should be liable for the same while the means allotted for the payment of these superexpenses are taken from him, and that by acts in December 1648 and renewed in the year 1649 he was freed and exonerated of the said bonds at length mentioned in the said acts, therefore his majesty, with advice and consent foresaid, does free and exonerate him, his heirs, executors and successors of the said bonds and declares the same and the sums therein-contained to be a public debt in time coming.
[1661/1/439]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideration a supplication presented to them by James, earl of Callander, James [Baillie], lord Forrester, John Murray of Polmaise, Sir William Livingstone of Westquarter, William Livingstone of Langton, Norman Livingstone of Milnehill, the heirs of the late James Livingstone, portioner of Falkirk, Sir William Callander of Durrator and several other gentlemen of the shire of Stirling mentioning that they, being employed in the Engagement of 1648, for his majesty's relief out of prison and restitution to his royal government were, at their return from that expedition, most rigorously used by the pretended authority of some unnatural countrymen who ruled for the time, and ordained them and other engagers within that shire to put out an exorbitant number of horse and foot in levies of that year far amounting their proportions, and that by way of fine for their loyalty, humbly desiring that the sums of money, so exorbitantly exacted, might be refunded to them; and the king's majesty, finding it just that they should be relieved of these burdens and sufferings they were liable to for their loyalty, do therefore ordain the commissioners of the excise within the shire of Stirling to give intimation to the heritors to meet at Stirling upon the [...] day of [...] next to come, and that then, with the concurrence of such as shall meet, they lay on the proportions of that levy then imposed after the Engagement according to the general rule of burdens, that the petitioners may be freed and relieved and have repetition of what they paid and gave out more than their just and equal proportions, and the proportions being calculated and set down under the commissioners' hands, ordains letters to be directed for payment accordingly.