An act and commission granted by parliament upon the offer made by the advocates and other members of the college of justice regarding their taxation

Our sovereign lord and estates of parliament, having considered the supplication given in before them by the ordinary advocates before the lords of session, clerks of session, writers to the signet, privy and great seal and four ordinary macers, being all ordinary members of the college of justice, making mention that forasmuch as they having convened to resolve and advise regarding their contribution to the taxation to be imposed upon his majesty's lieges at this present parliament, have at length weighed and considered the motives and causes moving his majesty to the imposing of the said taxation, which they found to be so just, important and necessary and touching so nearly the estate of his majesty and the estate of religion professed within this realm that they think themselves obliged of conscience, without any respect to whatsoever their privileges, to make humble offer of contribution according to the rate imposed upon the rest of his majesty's subjects, specially seeing they found that their predecessors in the month of August 1588, when the realm and religion was threatened by the invasion of strangers, did make the like offer of contribution to his majesty, which his majesty graciously accepted, and that therefore now they all in one voice in all humility and submission make humble offer to his majesty and estates to pay their part of this present taxation to be imposed by the estates upon the rest of his majesty's lieges according to 30s for the pound land yearly for the space of four years, with 5 merks of each hundred merks of annualrent pertaining to them during the said space, with this provision always: that the said offer should in no way prejudice them nor their successors of their privileges and immunities held and possessed by them and their predecessors, but that the same shall remain in the own strength as they were of before unprejudiced by the said offer. As also because they best know their own valuation and estates and are willing to collect their part of the said taxation upon their own expenses and charges that, therefore, it is necessary that commission be granted to some of their own number for collecting and uplifting of their part of the said taxation as at more length is contained in the said supplication; with the which supplication and desire thereof, his majesty and estates of parliament being well advised, they have accepted and accept the said voluntary offer made by the said advocates, clerks, writers and remaining members of the said college of justice upon and with the condition and provision therein contained. Likewise his majesty and estates will and declare that the said voluntary offer of contribution shall in no way hurt nor prejudice the said advocates, clerks, writers and other members of the said college of justice in their privileges and immunities held and possessed by them and their predecessors, but that the same shall remain in the own strength unprejudiced by the said offer. And also his majesty and estates give and grant full power and commission to the said advocates, clerks, writers and other members of the said college of justice to choose, elect and nominate some of their own number, namely: two or three advocates and as many writers and clerks for stenting and taxing of them and their brethren and remaining persons, aforesaid members of the said college of justice, and in case of the decease or absence of any of the persons to be nominated by them, to substitute others in their rooms and places to the effect aforesaid. With power to the said persons to be nominated by them to call and convene before them (or any four of them, there being always of that number two advocates, one clerk of session and one writer to the signet) whatsoever day or days the whole brethren of the advocates, clerks, writers, macers and other members of the college of justice, and to stent and tax them in their lands, teinds, pensions and annualrents proportionally according to the order set down in this present parliament. And also with power to the said advocates, clerks, writers and other members of the said college of justice to appoint and nominate collectors, one or more as they please, for uplifting of the said taxation and delivery thereof to the collector general at the special terms respectively specified and set down in the act of the said taxation, for whom they shall be held to be answerable; and ordain letters of horning and poinding to be directed at the instance of the said collectors, one or more, to be nominated by them, for collecting of the said taxation to the stent roll thereof to be set down by the said commissioners.

  1. NAS, PA2/20, f.103v-104r. Back