Act in favours of Sir John Smyth

Forasmuch as in the yeer 1650, when invitations wer made to the king's majestie for his comeing home to the government of his kingdome, Sir Johne Wauchope and Sir Johne Smith, to testifie their cheerfulnes in that affair did, when other means failled and wer obstructed, freelie advance out of their oun fortunes severall sums of money for defraying the expence in that imployment and, therafter, the said Sir Johne Smyth, upon his oune credite, did provyde for the use of the king's armie certane proportions of armes of all sorts and victuall without which, in all probabilitie, the army had not been able to march; the consideration of all which and of Sir Johne Smyth's readines at that time to advance his majesties' service, moved his majestie, with advice and consent of his estates of parliament, in December 1650 yeers to lay upon him the office of commissary generall to the armie, with this expresse declaration, that the kingdome should be debitor to him and his airs for all such sums of money as he had or should give out for the publict use and whairof he should not receave readie payment be his intromissions and, in order therunto, commission wes given to him for ingathering and uplifting those eight moneths' mantenance then appointed to be raised out of the moneths of December 1650, January, February, March, Aprile, May, June and July 1651 yeers, in discharge of which commission and for the necessarie use of his majesties' armie, Sir Johne wes necessitat to give out severall summs of which he hes not gotten as yet the payment, being, by the fatall changes that fell out at that time, stopped in uplifting of those moneths' mantenance appointed for that use. And his majestie haveing, after his happie returne to his royall government, taken the same to his consideration, did seriouslie recommend to the committie of estates to take course for his satisfaction and that all the orders and assignements granted to him for that end should be made effectuall; in obedience whairof his accompts being, by order of the committie, exactlie perused and stated, the debt owing to him is restricted to the sume of one hundreth thousand pund[s] Scots, tho according to the accompts the same will extend to tuentie four thousand, fyve hundreth [and] tuelff punds, fyve shillings [and] eight pennies more. And the king's majestie, considering that be positive acts past in his royall presence the said Sir Johne hes right to the uplifting of those eight moneths' mantenance, and that the kingdome is still obleidged as debitor for what is owing to him, doth conceave that in justice he should not be any longer stopt but incouraged and allowed in the raiseing of the means appointed for his repayment and releiff, bot withall remembring that diverse summs of money wer reallie advanced and given out by Johne, earle of Midletoun in his majesties' service in order to and for the promoveing of that just and necessar engagement undertaken in the yeer 1648 for releiff of his majesties' royall father out of prissone and for his restitutione to his royall government, the repayment of which summs of money wes obstructed and stoped by the violence and injustice of those who, after August 1648 yeers, usurped to themselffs the publict authoritie of the kingdome. And his majestie conceaveing himselff obleidged in honour and justice to see the sums of money undertaken for the service of his royall father repayed doth, therfor, with advice and consent of his estates of parliament, appoint and ordaine that the rests of these eight moneths' mantenance abovementioned shall be burthened with the payment of fourty thousand pund[s] Scots as a parte of the sums of money due to the said earle of Midletoun; and therfor his majestie, with advice forsaid, doth heirby give order, commission and command to Sir Alexander Durhame, lord lyon, and the said Sir Johne Smith and thair subcollectors, to raise and uplift what is resting owing unpayed of the said eight moneths' mantenance in the severall shires and burrowes of the kingdome. But because diverse of the saids shires and burghs wer at that time destroyed or overburthened be these English who invaded the kingdome, his majestie, with advice forsaid, hes thought and accordingly doth heirby grant unto them the abatements following viz, that the shires of Berwick, Edinburgh, Hadingtoun and Linlithgow, and the burghs therin, inregaird of their knoune vastation to be enteirly freed and exempted from these eight moneths' mantenance; that the shire of Lanerick be exempted of tuo parts and be only lyable for a thrid parte; that the toun of Glasgow be exempted of three parts and be only lyable for a fourt parte; that the shires of Air and Ranfrew, and burghs therin, be exempted of one halff and be lyable for the other halffe, provyded alwayes that the benefite of the exempted halff be not extendit to those who joyned in armes with Ker [and] Strauchan and did not acknowledge his majesties' command; that the shire of Peibles, and burghs therin, be exempted of the thrid only and be lyable in the other tuo parts; that the shires of Roxburgh, Selkirk and Dumfreis, and the burghs therin, be exempted of a fourt parte and be lyable for the other three parts, and inregaird that the shires of Fiffe, Kinrosse, Stirline, Clakmanan, Pearth, Forfar, Kinkardin, Aberdein and Bamff, and the burghs therin, did in the tyme beare and undergoe burdens far greater then their proportions of the forsaid mantenance, they are enteirlie freed and exempted from the same. And it is appointed and declared that all other shires and burghs of the kingdome are lyable for what is yet resting owing be them unpayed of the said eight moneths' mantenance, and if any parte of these moneths' mantenance have been payed be the shires and burghs to the collectors2 be lyable for the same and make compt and payment therof to the said Sir Alexander Durhame and Sir Johne Smyth; and to the end that the same with the rests therof may be the more speedilie collected and disposed of for the use forsaid, his majestie, with advice and consent forsaid, ordaines letters of horning upon fiftein dayes' poinding and others necesser to be direct at the instance of the saids Sir Alexander Durhame and Sir Johne Smyth and thair subcollectors against the heritors, lyverenters, wodsetters, collectors and others adebted in payment of the said eight moneths' mantenance, ilk ane of them for their oune parts of the same, so far as they are resting in maner forsaid, and that no suspension be granted bot upon consignation, provyded alwayes that no singular successor who hes bought lands since the time of these rests shall be lyable in the payment of these rests for these lands so bought except they be particularly obleidged therto. And his majestie, with advice forsaid, ordaines that fourty thousand pund[s] Scots of the first and readiest shall be uplifted of the saids rests be vertew heirof be payed to the earle of Midletoun, his aires and assignays as aforsaid, and therafter Sir Johne Smyth is to reteane in his oune hand the sume of one hundreth thousand pund[s] Scots, for the payment of the which to him, his aires or assignayes the said mantenance, with reservation to the earle of Midletoun as aforsaid, is heirby declared lyable to be burdened; and further, the summe of four thousand pund[s], at the least so much therof as after just compt shall be fund still due to him and not payed, is to be payed to Alexander Bower in Dundie for victuall furnished be him to the king's armie. Lykeas the said Sir Alexander Durhame and Sir Johne Smyth are heirby ordained to use all diligence for bringing in of the same and imploying it, as said is, for which diligence, as also for their intromission and for the superplus what they shall receave mor nor the sums of money abovementioned, they are to be comptable to his majestie and the next session of parliament, collector fies and necessar charges to be depursed in collecting thairof being allowed.

  1. NAS. PA2/27, f.79-80.
  2. 'that the saids collectors' inserted in APS.