[1661/1/219]¹

Legislation

Act in favour of [James Carnegie], earl of Southesk and Robert [Balfour], lord [Balfour of] Burleigh

Anent the supplication given in to the honourable commissioners of parliament appointed for bills by James, earl of Southesk and Robert, lord Burleigh, for themselves and in name and behalf of the noblemen, gentlemen and others bound in the bond underwritten, against the commissioners of parliament for the shire of Fife as representing the said shire, showing that the estates of parliament for the time by their act in the year 1645, taking to their consideration that the commissioners for the shires and burghs there present had undertaken the advancement and payment for their proportional parts of the first month's maintenance for the army for the shires and burghs, therefore, the said estates did assign the commissioners of shires and burghs, and such noblemen and gentlemen as were bound with them, the first month's proportion of the maintenance appointed to be paid for the month of March thereafter 1645, to be uplifted and taken from the shires and burghs proportionally for their relief. Likewise the said estates of parliament declared that the said commissioners and those who bound for them should have annualrent for the monies advanced by them of the shires and burghs from the time of the advance until the repayment thereof, and the supplicants and certain other persons having borrowed from the deceased Sir Thomas Nicolson of Carnock the sum of £6,614 Scots money being the foresaid month's maintenance did pay the same, conforming to the said act, to Archibald Sydserf, then commissary depute, conforming to a declaration given under his hand thereupon, and which sum was accounted for in the general commissary's accounts. Likewise the foresaid month's maintenance being March 1645 was collected from the said shire of Fife and intromitted with by Alexander Inglis, their collector, to the end the said noblemen and gentlemen advancers of the said sum might be relieved thereof, but the committee of war of the shire of Fife, having ordained the said sum so collected to be sent to the army and, therefore, seeing the said advancers were so frustrated of their relief, they and their collectors having intended action against the heritors and others of the said shire of Fife before the commissioners for administration of justice upon 17 July 1658, obtained decreet thereupon decreeing and ordaining them, and also the liferenters and others due for the cess and maintenance within the said shire, to make payment to them of the said sum of £6,642 with the annualrent thereof continually since the borrowing of the said sum from the said Sir Thomas Nicolson and in time coming, until the repayment thereof, and for that effect to convene and stent themselves therein and in 1,400 merks decreed against them mentioned in the said bond, as the said decreet bears. In obedience whereof, the said shire having met and having taken consideration of the said debt principal and annualrent extending in March 1659 to the sum of 18,400 merks money foresaid, and considering that there was resting of deficiency in the hands of several noblemen and gentlemen of the shire the sum of 10,000 merks of the seventeen months' maintenance collected by the said Alexander Inglis in the year 1645, therefore, the said meeting did appoint the same to be uplifted and paid to the advancers of the said sum in part payment of the sums decreed to them according to size, and as for the remainder thereof being 8,400 merks, the said meeting appointed the same to be employed upon and levied with the cess of the months of April, May and June 1659 and, being so collected, to be paid for the relief foresaid of the said advancers as an act thereupon furth of the committee books of the said shire, dated 28 April 1659, bears. And seeing the said shire cannot now agree amongst themselves anent the imposing and proportioning of the said sum of 18,400 merks, in respect it was not collected with the three months' cess above-written because of the sickness of the collector at that time, and that there are no commissioners of cess who might do the same, and therefore, craving that the said commissioners for the shire of Fife presently attending the parliament might be decreed to impose, levy and proportion the said sum of 18,400 merks upon the said shire of Fife with two years' bygone annualrent thereof and, being so imposed and proportioned, that the heritors and others within the said shire subject in payment thereof may be declared liable and decreed to make payment of the same to the supplicants for themselves and in name and behalf foresaid, as at more length is contained in the said supplication. Which supplication, being read in the presence of the commissioners appointed for bills, and the said supplicants compearing personally who, for verifying of the said libel or petition produced in their presence, the foresaid decreet and act of the said shire of Fife of the dates, tenors and contents respectively above-written and Sir Alexander Gibson of Durie and Sir William Scott of Ardross, commissioners of parliament for the said shire of Fife, compearing personally, desiring that Robert Hay, writer in Edinburgh, might see the foresaid bill and instructions thereof who, having seen the same and he and they being fully heard thereupon, who alleged nothing which was sustained except the desiring that the money might be proportioned conforming to the former act of the shire and that the deficients might be ordained to pay their dues in the first place, and the remainder might be laid on equally amongst the heritors by such as the parliament should appoint. Which petition, with the decreet and act foresaid produced for the pursuers for the instructing thereof, with what was alleged by the said Robert Hay in name of the commissioners aforesaid, with the report of the said commissioners of parliament appointed for bills thereupon, to whom the said matter was referred, being all heard, seen and considered by the said estates of parliament, his majesty, with advice and consent of the said estates of parliament, has ordained and ordains the noblemen, gentlemen, heritors, liferenters and others liable in payment of cess within the said shire of Fife to content and pay to the said pursuers, or any whom they shall appoint, the said sum of 10,000 merks of rests and deficients in manner foresaid, each of them for their own parts in so far as they are due thereof and deficient therein, with two years' annualrent thereof, after the form and tenor of the foresaid decreet and act of the committee of the said shire in all points, and further decrees and ordains the said commissioners of parliament for the said shire of Fife and also Sir John Aytoun of that ilk, Sir John Wemyss of Bogie, Sir Henry Wardlaw of Pitreavie, James Arnott of Fernie, Sir Thomas Gourlay of Kincraig, Mr David Wemyss of Balfarg and Sir David Auchmuty of that ilk, as intelligent gentlemen and interested persons in the said shire of Fife or any three of them, one of the said commissioners of parliament being always one, to proportion the said sum of 8,400 merks as the remainder of the said sum of 18,400 merks, or so much thereof more or less as shall be found not to be satisfied and paid by the dues and deficients above-written of the said shire, to whom, or any three of them, as said is, our said sovereign lord, with consent foresaid, gives power and commission for that effect, and being so proportioned by them or any three of them, as said is, decrees and ordains all and sundry the heritors, feuars, liferenters and others liable in cess within the said shire to make payment to the said pursuers, or such person or persons whom they shall appoint, of such parts and portions of the said sum of 8,400 merks as shall not be satisfied and paid by the dues and deficiencies above-written, with two years' annualrent of the same, each of them for their own parts thereof, conforming to the stent roll and proportion to be made by the forenamed persons or any three of them commissioners for that effect in all points, and ordains letters etc.