[A1630/7/5]¹

Act anent the ingaddering of the taxatioun

Forsameekle as the estaits presentlie conveened, upon verie great consideratiouns moving thame and for a testimonie of thair unfained affectiouns to his majesteis service, and for supplee of a part of the great charges quhilks his majesteis repairing to this kingdome for receaving of his imperiall crowne will necessarlie draw upon him, and for defraying of the debts whilks his majestie hes contracted for buying of heretable offices, hes made ane free and willing offer of ane taxatioun to be payed, collected and uplifted in maner and at the termes following, that is to say: for the barons and freehalders parte of the same taxatioun, threttie shillings money to be uplifted of everie pund land of auld extent within this kingdome perteaning to dukes, marqueises, erles, vicounts, lords, barons, freehalders and fewers of our soverane lords proper lands haldin be thame immediatlie of his majestie, and to be payed be thame at everie ane of the foure severall termes following, that is to say: the sowm of threttie shillings money at the feast and terme of Martimes nixtocume in this instant yeere of God 1630 yeeres; the sowme of other threttie shillings at the feast and terme of Martimes in the yeere of God 1631 yeeres; the sowme of other threttie shillings money at the feast and terme of Martimes in the yeere of God 1632 yeeres; and the sowme of other threttie shillings at the feast and terme of Martimes in the yeere of God 1633 yeeres. And for the spirituall men and burrowes part of the same taxatioun, that there sall be uplifted of everie archbishoprick, bishoprick, abbacie, pryourie and other inferiour benefice and of everie free burgh within this kingdome at everie ane of the saids foure termes payment the just taxatioun thairof, and as they have beene accustomed to be taxt unto in all tyme bygane whensoever the temporall lands within this kingdome wer stented to threttie shillingis money the pund land of auld extent, and the same taxatioun to be payed at everie ane of the foure severall termes abonewrittin. And for inbringing of the spirituall mens part of the same taxatioun, ordains lettres to be direct charging all and sindrie archbishops, bishops, abbots, pryours, as lykewayes all noblemen and others in whois favour the erectioun of anie prelacie or other inferiour benefice or anie part or portioun thairof, be it in lands, kirks or teinds, or in whois favour the patronage of anie benefice, kirks or teinds is past, and all other beneficed persons conteanned in the taxt rollis, thair heretable bailleis, chamberlans, factours and intromettours with thair rents and living personallie or at thair dwelling places and be opin proclamatioun at the mercat croces of the heid burrowes of the shirefdomes, stewartreis and baillereis where the saids prelaceis, erected lordships and finall benefices lyes, if they be within this kingdome; and if they be without this kingdome, be opin proclamatioun at the mercat croce of Edinburgh, peir and shoare of Leith upon threescore dayes warning, to make payment of that sowme that they and ilke ane of thame ar taxt unto for everie ane of the saids foure termes to the collectour generall of the said taxatioun appointed or to be appointed be his majestie and his deputs and officiars in his name, having his power and commissioun to receave the same at the particular termes abonewrittin under the pane of rebellioun and putting of thame to the horne; and if they failyie thairin, at the bypassing of everie ane of the saids termes to denunce the dissobeyers rebellis and putt thame to the horne and to escheit etc. And that the prelats and beneficed persouns and suche noblemen and others in whois favours the erectiouns and patronages abonewrittin ar past, for thair releeffe, have lettres charging thair vassalls, subvassalls, ladeis of terce, conjunctfears and lyverenters, fewers, tacksmen and pensioners to make payment of thair part of the said taxatioun, each one of thame pro rata according to the sowme they sall be taxt unto, to the saids prelats and others beneficed persons, and to the saids noblemen and others having power to receave the same within twentie dayes after the charge, under the pane of rebellioun; and if they failyie, to denunce etc. and escheit etc. and to poynd and distreinyie thairfoir as they sall thinke most expedient, provyding alwayes that the first termes payment of the said taxatioun be ever past before the nixt termes payment be charged for. And the estaits declairs that the productioun of sufficient hornings aganis the saids vassalls, fewers, tacksmen and pensioners sall be ane releeffe to the saids prelats, lords of erectiouns and beneficed persouns, and sall exoner thame pro tanto frome payment of the said taxatioun, provyding that the same hornings with thair taxt rollis authenticklie made and subscryved be the saids prelats, lords of erectiouns and beneficed persons and by thair fewers, vassalls, tacksmen and pensioners in maner heerafter prescryved conteaning the particular sowme whilk ilke ane of thame ar taxt unto, be delyvered to the collectour of the same taxatioun within the space of threescore dayes after everie terme, otherwayes he sall be no wayes obliged to receave the same, nather sall the prelat, lord of erectioun nor other beneficed persoun be exonered by productioun of the same at anie tyme thereafter. And forder, that the saids prelats and suche noblemen and others in whois favours the erectiouns and patronages abonewrittin ar past and all others beneficed persons may have thair releeffe of thair vassalls, subvassalls, ladeis of terce, conjunct fears, lyvrenters, fewers, tacksmen and pensioners, to the greater ease and lesse trouble to thair saids vassalls and others foresaids, and to the effect that everie one proportionallie may pay his part of the said taxatioun according to the quantitie and availl of the free rent whilk he hes of his benefice, lands, pensiouns, kirks and teind sheaves perteaning to him, als weill the prelat, lord of erectioun, patroun and others beneficed persons thameselffes as the fewer, tacksman and pensioner, it is thought expedient, statute and ordained that the saids prelats and others abonerehearsed, everie ane of thame severallie, sall conveene his haill fewers, vassalls, tacksmen and pensioners at the particular places heerafter designed, they ar to say: the Archbishop of Sanct Andrewes at the citie of Sanct Andrewes, the Archbishop of Glasgow at the citie of Glasgow, the Bishop of Orkney at the toun of Kirkwall, the Bishop of Caithnes at the toun of Durno, the Bishop of Ros at the toun of Channonrie of Ros, the Bishop of Murrey at the toun of Elgine, the Bishop of Aberdein at the burgh of Aberdein, the Bishop of Brechin at the burgh of Brechin, the Bishop of Dunkelden at the toun of Dunkelden, the Bishop of Dumblane at the toun of Dumblane, the Bishop of Galloway at the toun of Wigtoun, the Bishop of Argyle at the toun of Inverara, the Bishop of the Illes at the burgh of Rothesay in Bute, the abbot of Icolmekill at the burgh of Invernes, the pryour of Ardchattan at the burgh of Inverara, the abbot of Ferne at the burgh of Tayne, the Lord Bewlie at the burgh of Invernes, the Lord of Kinlosse at the burgh of Forres, the pryour of Pluscardie at the burgh of Elgine, the Lord of Deir at the toun of Peterheid, the pryour of Fyvie at the toun of Turref, the pryour of Monymusk at the toun of Monymusk, the Lord of Arbrothe at the burgh of Arbrothe, the Lord of Skoone at the burgh of Perth, the Lord of Cowper at the toun of Cowper in Angust, the pryour of Restennet at the burgh of Forfar, the collectour of the same taxatioun in place of the pryour of Charterhous, the seate now vacand at the burgh of Perth, the pryour of Elcho at the same burgh of Perth, the pryour of Strafillan at the kirk of Comre, the Lord of Inchaffrey at the burgh of Perth, the pryour of Inchemahomo at the burgh of Stirline, the pryour of Sanct Andrewes at the citie of Sanct Andrewes, the baillie of the regalitie of Dumfermeline at the burgh of Dumfermeline, the Lord Balmerinoch at the burgh of Cowper in Fyfe, [the lord of Lindoris at the burgh of Coupar in Fyffe]², the Maisters of Sanct Leonards Colledge in Sanct Andrewes for the pryourie of Portmook at the burgh of Cowper in Fyfe, the pryour of Pittinweyme at the burgh of Pittinweme, the Lord of Sanct Colme at the burgh of Inverkeithing, the Lord of Culros at the burgh of Culros, the abbot of Cambuskenneth at the burgh of Stirline, the Lord Torphichin at the burgh of Linlithgow, the pryour of Manuell at the burgh of Linlithgow, the Lord Halyrudhous at the burgh of Edinburgh, the Lord Newbottle at the burgh of Edinburgh, the pryoresse of Hadintoun at the burgh of Hadinton, the lord of the temporall lands of the pryourie of Northberuick at the burgh of Northberuick, the patron and person of the kirk of Kinnewchar, dissolved frome the pryourie of Northberuick, at the toun of Elie, the patron and persoun of the kirk of Largo, dissolved frome Northberuick, at the toun of Largo, the patron and person of the kirk of Maybole, dissolved frome Northberuick, at the toun of Maybole, the patron and persoun of the kirk of Logie, dissolved from Northberuick, at the burgh of Stirline, the Lord of Kelso at the toun of Kelso, the Lord of Coldinghame at the toun of Eymouth, the Lord of Dryburgh at the toun of Dryburgh, the pryour of Eckills at the toun of Dunce, the pryour of Cauldstreame at the toun of Dunce, the Lord of Jedburgh at the burgh of Jedburgh, the Lord of Melros at the toun of Melros, the Lord of Paisley at the toun of Paisley, the Lord Blantyre at the burgh of Glasgow, the lord and baillie of the temporall lands of Kilwinning at the burgh of Irwing, the abbot of Croceraguell at the toun of Maybole, the pryour of Quhithorne at the burgh of Quhithorne, the pryour of Salset at the burgh of Quhithorne, the pryour of Sanct Marie Yle at the burgh of Kirkcudbright, the Lord of Dundrennan at the burgh of Kirkcudbright, the Lord of Glenluce at the burgh of Wigtoun, the abbot of Tungland at the burgh of Wigtoun, the abbot of Newabbey at the burgh of Dumfreis, the abbot of Halywod at the burgh of Dumfreis, the pryour of Cannabie at the burgh of Annand, the baroun and baillie of the baronie of Brouchtoun, dissolved frome the lordship of Halyrudhous, at the burgh of Edinburgh, the heretours of the hundreth pund land of the baronie of Monkland, dissolved from the lordship of Newbottle, at the citie of Glasgow, the minister of Failfuird at the burgh of Air, the minister of Scotlandwell at the burgh of Sanct Andrewes, the minister of the croce kirk of Peebles at the burgh of Peebles, the patron and person of the kirk of Dundie, dissolved frome the abbacie of Lundores, at the burgh of Dundie, and all other small beneficed persons at the parish kirks of thair particular benefices; and that they conveene to the effect abonewrittin upon the 13 day of October nixtocome in the yeere of God 1630 yeeres instant, quhilk is declared to be the precise day appointed for all thair vassalls, fewers, tacksmen and pensioners to keepe the said meeting, and that no forder citatioun nor summonding sall be requisite than this proclamatioun and publicatioun of this present act at the mercat croce of the heid burrowes of this kingdome. And heerewith it is resolved be the saids estaits that if anie vassall, subvassall, fewer, tacksman of teinds, pensioner or anie other justlie bound to make releeffe to the prelat, lord of erectioun, patron or other beneficed persoun of anie part of the said taxatioun sall send anie procurators in his name sufficientlie authorized to the said meiting, the same sall not onelie excuse the absence of the principall partie, bot the procurators sall be admitted in all things and receaved to doe and performe in the distributioun of the said taxatioun what culd or lawfullie might have been done by him who sent him. It is lykewayes declared that the prelat, lord of erectioun, patron or other beneficed persoun impeded by disease or distracted upon some other necessarie occasioun frome attending that meeting, having his absence suppleed that day by anie sufficient worthie persoun whome he sall authorize and appoint to that effect, sall be als lawfull as he wer personallie present himselffe, and the partie so authorized sall be admitted and receaved in all things to doe and performe in the distributioun of the same taxatioun what could or lawfullie might have been done by him who sent him. It is forder statute and ordained that at the said day of meiting the saids prelats, lords of erections, patrons and others beneficed persons sall by thameselffes, or by thair procurators lawfullie authorized as said is, fence and hold ane court, call by name and surname upon everie one of thair vassalls, subvassalls, fewers, tacksmen of teinds, pensioners and others obleist to releeve thame of anie part of the same taxatioun, and lawfull tyme and day being biddin to show to thair saids vassalls, fewers, tacksmen and pensioners or thair procurators compeiring for thame the quantitie of the taxatioun imposed upon thair prelacie, erected lordship or other benefice, authenticklie subscryved be the clerk of the same taxatioun, and they all (at the least so manie of thame as sall conveene for this effect), with one consent, sall distribute the same to be payed be everie man als weill be the prelat, lord of erectioun and present possessour of small benefices for the free rent whiche everie ane of thame hes of thair prelaceis, erected lordships and small beneficeis, as by the vassall, fewer, tacksman and pensiouner, according to the great or small quantitie of free rent quhilk everie ane of them hes ather of thair lands, teinds or pensiouns; with certificatioun to anie of the saids persouns, fewers, vassalls, tacksmen or pensioners that compeires not be thameselffes or thair procurators at the day and place abonespecified to the effect foresaid, that suche as sall conveene with the saids prelats, lords of erectioun, patrons and other beneficed persons or thair procurators sall proceid in the equall distributioun of the same taxatioun, als weill among thame that ar absent as present, and sall make and subscryve ane authentick taxt roll thairupoun. And in caise that nane of the saids vassalls, fewers, tacksmen and pensioners sall conveene at the day and place abonespecifiit to this effect by thameselffes or thair procurators, bot sall wilfullie absent thameselffes frome the said meiting, it sall be lawfull for the saids prelats, lords of erectiouns, patrons and other beneficed persons being present by thameselffis or thair procurators at the day and places abonespecifiit, to make, sett doun and subscryve the same taxt roll. And incaise anie of the saids prelats, lords of erectiouns, patrons and other beneficed persons sall not conveene by thameselffes or by thair procurators at the day and places abonespecifiit particularlie designed to everie ane of thame, it sall be lawfull for the saids vassalls, fewers, tacksmen and pensioners (at the least so manie of thame as sall conveene by thame selffes or thair procurators) to make, sett doun and subscryve the said taxt roll, quhilk taxt roll sall conteane the particular sowme that everie one sall be found justlie to be addebted to pay, the parteis name addebted to pay the same and the caus whairfoir the same aucht to be payed, and being so sett doun ather by the prelat, lord of erectioun, patron and other beneficed person or thair lawfull procurators with so manie of thair vassalls, subvassalls, fewers, tacksmen of teinds, pensioners and others obleist to releeve thame of anie part of the same taxatioun as sall conveene with thame to this effect, and incaise that nane sall conveene with thame, the said roll being than sett doun by the prelat, lord of erectioun, patron or other beneficed person or thair lawfull procurators, or incaise of thair absence being sett doun, made and subscryved be the most part of the saids vassalls, fewers, tacksmen and pensioners as by thameselffes or thair procurators sall conveene thameselffes for this effect, the estats decernis to be als lawfull in all respects as if the haill nomber of persons having interesse thairin had conveened, made, sett doun and subscryved the same. Whiche taxt roll being so sett doun, made and subscryved in maner abonewrittin (and no otherwayes), and delyvered to the clerk of the taxatioun, the saids estaits ordains him to give warrand for giving letters of releeffe thairupoun, discharging him in anie caise to give warrand for giving of letters of releeffe upon anie roll presented unto him not made and authenticklie subscryved in forme abonewrittin, as he will answere to the contrare upon his perrell. It is lykewayes statute and ordained that tacksmen of teinds sall have thair releeffe of thair subtacksmen pro tanto, respect being had to the grissume payed be the saids subtacksmen, and for inbringing of the barons and freehalders parts of the same taxatioun and of the fewers and rentallers of our soverane lords proper lands thair parts thairof, ordains lettres to be direct charging all and sindrie shireffs, stewarts, bailleis, thair deputs and clerkes, fewers, chamberlans and receavers of our soverane lords proper lands, that they and everie ane of thame within the bounds of thair proper offices raise and uplift the sowme of threttie shillings money of this realme of everie pund land of auld extent lying within the bounds of thair jurisdictiouns for everie ane of the foure termes abonespecifiit, and inbring and delyver the same to the collectour foresaid or to his deputs and officiars in his name, having his power to receave the same, at the particular termes abonespecifiit under the paine of rebellioun etc., and if they failyie, at the bypassing of everie ane of the saids termes, to denunce and escheit etc.; and for thair releeffe that lettres be direct charging all and sindrie erles, lords, barons, freehalders, fewers and rentallers of our soverane lords proper lands personallie or at thair dwelling places and be opin proclamatioun at the mercat croce of the heid burgh of the shirefdome, stewartrie and baillerie where thair lands lyes, if they be within the kingdome; and if they be without the kingdome, be opin proclamatioun at the mercat croce of Edinburgh, peir and shoare of Leith upon threescore dayes warning, to make payment to the saids shireffs, stewarts, bailleis, thair deputs and clerks, chamberlans and receavers of our soverane lords proper lands, everie ane of thame for thair awin parts respective, the said sowme of threttie shillings money foresaid for everie pund land of auld extent perteaning to thame for everie ane of the saids foure termes payment within twentie dayes nixt after they be chargit thairto, under the pane of rebellioun etc., and if they failyie to denunce etc., and to escheit etc., and if neid beis that the saids shireffs, stewarts, bailleis, thair deputs and clerkes, chamberlans and receavers of our soverane lords proper lands poynd and distreinyie the readiest goods and geir being upon the saids lands thairfoir, as they sall thinke most expedient. And that the saids erles, lords, barons and freehalders, fewers and rentallers of our soverane lords lands have lettres for thair releeffe to charge thair vassalls, subvassalls, ladeis of terce, conjunctfears and lyverenters to make payment of thair parts of the said taxatioun within twentie dayes nixt after the charge under the paine of rebellioun etc., and if they failyie to denunce etc. and escheit etc., and if neid beis that they poynd and distreinyie thairfoir, provyding alwayes that the first termes payment of the said taxatioun be ever past before the nixt be charged for. And for ingaddering of the burrowes part of the same taxatioun, ordains lettres to be direct charging the provest and bailleis of ilke burgh to make payment of the taxt and stent thairof to the collectour generall, his deputs and officiars in his name having his power to receave the same at the particular termes abonespecifiit, under the pane of rebellioun etc., and if they failyie to denunce and escheit etc.; and for thair releeffe that lettres be direct charging the provest, bailleis and counsell within ilke burgh to conveene and elect certane persons to stent thair nighbours, and the said electioun being made, to charge the persons elected to accept the charge upon thame in setting of the said stent upon the inhabitants of everie burgh, and to conveene and sett the same and make ane stent roll thairupon as efferis, within twentie foure houres nixt, after the charge, under the pane of rebellioun etc., and if they failyie to denunce etc. and escheit etc. And siclyke, the said stent roll being made and sett doun as said is, to charge the burgeses, indwellers and inhabitants within ilke burgh to make payment of thair parts of the said stent to the saids provest and bailleis conforme to the taxt roll to be givin out thairupoun, within three dayes nixt after the charge, and if they failyie, to denunce etc. and escheit etc., and if neid beis that the saids provest and bailleis poynd and distreinyie thairfoir as they thinke most expedient. It is alwayes provyded that no persoun whatsomever be stented or taxt within burgh, except according to the availe and quantitie of his rent, living, goods and geir whilk he hes within burgh, no wayes respecting his lands nor possessiouns whilks he hes to landwart, for the whilks he will be obleist to pay taxatioun to others officiars, provyding alwayes that the first termes payment of the said taxatioun be ever past before the nixt be charged for. Attour, the saids estaits decernis and declaires that the charges to be givin for payment of the said taxatioun sall be execute before the termes of payment abonespecifiit for everie termes payment particularlie by it selffe, and that the denunciatioun of horning following thairupoun sall not be execute untill the termes of payment be bypast and twentie dayes thereafter, quhilk denunciatioun so following upon the charges givin before the saids termes of payment the saids estaits decernis and declaires to be valide and sufficient. And the saids estaits, considering the great abuse that hes beene used in all tyme bygane by sindrie of the lieges of this kingdome aganis all good conscience in causing of thair poore fermorers, tennents and labourers of the ground, being removable, who ar subject in payment of verie deere fermes and other dewties, to releeve thame of the whole burdein of the bygane taxatioun, quhilk hes beene the occasioun of impoverishing ane nomber of the saids fermorers, labourers and tennents and bringing of thame to utter wracke and ruine, whereas of reasoun they sould be altogidder free frome the payment of anie taxatiouns and the same sould be payed by suche as have free rents, lands and goods of thair awin; for remeid whairof, it is statute and ordained that no persons whatsomever exact or compell his fermorers or tennents removable, who pay ferme and other deir dewteis for the lands occupyed be thame, to pay anie part of this present taxatioune or to seeke releeffe at thair hands of the same, and if the same be found done be anie persons that they sall be callit and conveened thairfoir before his majesteis justice and his deputs or before his majesteis counsell as violent and maisterfull oppressours of his majesteis subjects and punished thairfoir according to justice. And forder, the estates, considdering that besides the ordinarie chargis whilks his majestie underlyes for the maintenance of the honnour, dignitie and estait of his majesteis kingdome, his majestie is lykwayes drivin to manie other great charges for buying of heretable offices and other interveening occasiouns occurring in the estait; thairfoir, beside the ordinarie taxatioun abonewrittin, the saids estaits hes for the space of foure yeeres nixt and immediatlie following the terme of Martimes nixt freelie and voluntarlie grantit unto his majestie ane yeerelie extraordinarie taxatioun of the twentie pennie of all annuelrents quhilks anie persoun or persons within this kingdome hes freelie dew and payable unto thame yeerelie and termelie, thair awin annuelrents whairin they ar addebted to others being first deduced, the first termes payment thairof sall be and begin at the said feast and terme of Martimes nixtocome, and so furth yeerelie and termelie at Martimes and Witsonday untill the saids foure yeeres and aucht termes payment thairof be fullie and compleitlie outrunne; and whereas the saids estaits hes by act of parliament authorized all and sindrie heretable shireffs, stewarts, bailleis and bailleis of regaliteis and thair deputs and the provests and bailleis of free burrowes within the bounds of thair jurisdictiounsl, as lykewayes the clerkes within these jurisdictiouns where these offices ar not heretable, whilks clerks have thair offices ad vitam, to collect the said extraordinar taxatioun and to make payment thairof to the collectour generall of the same taxatioun; thairfoir and for inbringing of the said extraordinarie taxatioun, the saids estaits ordains lettres to be direct charging all and sindrie the saids heretabill shireffs, stewarts, bailleis, bailleis of regaliteis and thair deputs and clerkes and the saids provests and bailleis of free burrowes and thair clerkes, as lykewayes the clerkes within the jurisdictiouns where these offices ar not heretable, that they and everie ane of them be north the water of Dee within fyfteen dayes after everie terme of Martimes and Witsonday, and that they and everie ane of thame be south the water of Dee within the space of ten dayes after everie terme of Martimes and Witsonday, delyver to his majesteis said collectour generall ane trew and just accompt and inventar of the haill sowmes of money dew to be payed be anie persoun within the bounds of thair jurisdictioun for his part of the said extraordinar taxatioun; and that they give up the same compt in inventar upon thair oath solemnelie sworne that the same is just and trew, and to make payment to his majesteis said collectour generall or to his deputs in his name, having his power to receave the same, of the whole moneyes dew to be payed to his majestie conforme to the said compt and inventar, within twentie dayes after ilke terme, under the pane of rebellioun etc.; and incaise the saids shireffs, stewarts, bailleis, bailleis of regaliteis, thair deputs and clerkes failyie, to denunce etc. and to escheit etc., for whois releeffe that lettres be direct charging all and sindrie the saids annuelrenters to make payment to the saids shireffs, stewarts, bailleis, bailleis of regaliteis, thair deputs and clerkes, provests and bailleis of free burrowes of the said twentie pennie of all annuelrents freelie dew and payable to thame within twentie dayes nixt after the charge, under the pane of rebellioun etc., and if they failyie to denunce etc., and if neid beis that the saids shireffs, stewarts, bailleis of regaliteis, clerkes, provests and bailleis of free burrowes poynd and distreinyie thairfoir as they sall thinke most expedient. And the estaits ordains the lords of sessioun to be onelie judges to all suspensiouns to be craved and suted be anie of our soverane lords lieges tuicheing the saids taxatiouns, quhilks suspensions the saids estaits finds may be granted upon lawfull and equitable reasouns to be considered be thame, and discharges all other judges within the kingdome of granting of anie suspensiouns thereanent; with power to the saids lords to delegate fyve at the least of thair ordinarie nomber as they thinke expedient to sitt, cognosce and decyde the saids suspensiouns in tyme of vacance if need beis.