Act in favours of Sir Johne Weyms of Bogie

Our soveran lord and estates of parliament, considering that Sir Johne Weyms of Bogie, being appointed commissarie generall and thesaurer to the armie that wes raised in the yeer 1648 for releiff of his majesties' royall father out of prisson, and for his restitution to his royall government did, from his zeale and affection for promoveing of that engadgement, engadge in severall sums of money for which the kingdome wes then debitor and gave band to severall persons for sums advanced in that service, wherof he wes, be tuo severall acts of parliament in Aprile and May 1648, appointed to be releived and repayed out of the monethlie mantenance granted and imposed at that time, and that he wes interrupted in the collecting thairof by the prevalencie of a partie who, contrarie to all law, justice and the duetie of good subjects, did ryse in armes in opposition to that necessar and honorable engadgement and, haveing usurped to themselffs the publict authority, did among their other unjust and unlawfull practises thrust the said Sir Johne Weymes from his imployment aforsaid, and the means appointed for his releiff of the sums so seasonablie and dewtifullie advanced and engadged for, as said is; and his majestie, considering that in honor and justice the said Sir Johne Weymes and others interessed with him and eminently engadged at that time in advancements for his majesties' service should be redressed and, so far as is possible, reponed to that releiff which by the parliament wes appointed for them, doth therfor, with advice and consent of the estates of parliament, heirby give warrand, power and commission to Sir Alexander Durhame, lord lyon, and the said Sir Johne Weyms and thair subcollectors, to uplift and collect what is resting in the hands of any person or persons of the monethly mantenance imposed and layed on in any meiting of parliament or committies dureing the time that the said Sir Johne Weymes wes generall commissary, or which wer uplifted and remaines yet in collectors' hands, or which wes remitted or allowed to any shire, burgh, person or persons be any act of any pretendit committie after August 1648, or of any pretendit parliament or committie in the yeer 1649, and more particularly with power to them to uplift these eight moneths' mantenance, from the last of February 1648 to the first of November therafter, from the shires of Air, Ranfrew, Lanerick, Dumbartan, Wigtoun and Kirkudbright, and burghs therin, and from all other shires or burghs, persone or persons that wer exempted be any act of the said pretendit parliaments or committies, under the name and notion of well affected, or for opposeing of that Engadgement 1648 or any other publict service, in order therunto or for any other cause whatsoever and which then wes, and yet is unpayed by them or anie of them, or which remaines uncounted for in collectors' hands, or wes remitted to them be any of the saids pretendit meitings or wes applyed be the collectors to the use of any private persons under the notion of well affected, by order of ane act of a pretendit parliament of the tuentie thrid of February 1649, or which wes receaved bak be any such persone or persons from the collectors of the saids eight moneths' mantenance upon the account forsaid; as also, with power to them and their subcollectors to receave and uplift any mantenance resting in the hands of collectors or subcollectors, or that stands resting by staited accompts upon any shire, burgh or persone, or for which any person hes given band or subscryved accompt or any obligation by writ to any collectors or subcollectors, or whair whole shires, burghs or parishes did not pay any mantenance at all and so are notourly knoune to be resting any mantenance dureing the tyme of the Lord Humbies being genarell commissary. And his majestie, considering that ther be diverse summs of money owing to Johne, earle of Midletoun, and which at severall necessar occasions wer advanced be him out of his private fortune for promoveing his majesties' service, thairfor his majestie, with advice forsaid, ordaines the saids Sir Alexander Durhame and Sir Johne Weyms, out of the first and readiest of the saids collections, to mak payment to Johne, earle of Midletoun, his aires or assignayes, of the sume of threescore thousand pund[s] Scots, with the annualrent therof fra the date heirof untill the repayment therof, and that in satisfaction pro tanto of the sums resting to him as said is; and in the next place the said Sir John Weyms is heirby impowered to reteane in his oune hand the sume of tuentie-nyne thousand, nyne hundreth [and] tuentie-sex pund[s] Scots owand to him for money advanced by him to the army in his majesties' service in the yeer 1648, with the bygone interest therof, and whill he be payed of the same; and in the thrid place the earle of Crafford Lindesay, lord thesaurer, is to be payed of the sume of fourtein thousand, one hundred [and] threttie-three punds Scots, with its interest, which wes advanced by him and is due conforme to ane act of [...] of the date the [...] day of [...] 16[...] yeers; and in the fourt place it is appointed that the said mantenance to be collected be vertew of this act shall be imployed for payment to the aires and executors of Sir Alexander Hamilton, generall of the artillarie, and Sir James Fraser of Bray the summe of tuentie-nyn thousand, sex hundreth [and] fourty-four pund[s] resting and due to them, conforme to the publict acts made to them therupon with the bygone interests therof, and for which the said Sir Johne Weymes, being commissary generall for the tyme, did give his band at the least each of the saids persons in their respective orders to be payed of the saids sums be the said Sir Alexander Durhame and Sir Johne Weyms according to their intromission, for which only they are to be ansuerable and no further, deduceing collectors' fies and necesser charges to be depursed in collecting thairof; and as to the superplus, if any shall be, that they mak payment therof according as orders shall be given be the lords of his majesties' privy councill who are heirby impowered to call in for the accompts of what shall be receaved be vertew of this act, and to give their orders for the superplus and discharges therupon. It is alwayes declared that this act and any thing thairincontained shall be without prejudice to William, lord Cochrane of his payment of the sume of tuentie thousand, nyn hundreth pund[s] Scots by and out of the mantenance of the shires of Air, Ranfrew, Wigtoun and Kirkudbright due for the moneths of August and September 1648, which sumes wes given out be him for advanceing of the Engadgement for his majesties' releiff in the yeer 1648, and is due be acts past at that time and according wherynto his majestie, with advice forsaid, doth ordaine the readiest of the saids tuo moneths' mantenance for the forsaids shires of Air, Ranfrew, Wigtoun and Kirkudbright to be applyed for his payment of the sume abovewritten of tuentie thousand, nyne hundreth pund[s] Scots and no otherwayes. And forasmuch as James, earle of Calander, Johne, lord Barganie, Sir James Dundasse, Sir Archibald Sydserff and Robert Fleeming, for their affection and zeale in promoveing the Engadgement 1648 and for their acting therin by publict orders of these that caried on that ingadgeinent, wer therafter forced by these who usurped the power that yeer to lay out and pay tuelff thousand punds Scots, each of them their proportionall parte, for the fraught of ships imployed in the publict service that yeer, and for which the mantenance of the moneth of October in that same yeer wes designed, and his majestie finding it just that they should be repayed of the same doth, therfor, assigne the first and readiest of the mantenance due for the moneth of October 1648 to be applyed for the payment to them of the said sume of tuelff thousand pund Scots, any thing in this act to the contrarie notwithstanding, and ordaines present execution to be used for the same in the same maner as for the other sums and rests of other moneths abovewritten; and as to the annualrent of the said sume and the other to the Lord Cochrane, it is recommendit to the lords of privy councill to take such course therin as they shall think fit, the former sums contained in this act being alwayes first payed. And to the end that the mantenance aforsaid and rests therof may be more speedily collected and disposed of for the use aforsaid, his majestie, with consent forsaid, ordaines letters of horning upon fiftein dayes, poinding and other necesser, to be direct at the instance of the said Sir Alexander Durhame, Sir Johne Weymes and their subcollectors against the heritors, liverenters, wodsetters and others adebted in payment of the saids rests and bygone mantenance for payment therof, ilk ane of them for their oune parts of the same so far as they are resting in manner forsaid, and that no suspension be granted but upon consignation. It is alwayes provydit 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 therunto, and it is appointed that the quarterings which wer be order and conforme to ane act of the nynt of May 1648, and no other quarterings, are to be allowed out of the rests of the mantenance aforsaid, and the lords of session to be judges in cace of variance upon the probation of payment, consignation being made, as said is, incace of any suspension. And farder his majestie, considering that the said Sir Johne Weymes had given band for severall sums contained in the superexpences of his accompts and that it is unjust that he should be lyable for the same whils the means alloted for the payment of these superexpences are taken from him, and that be acts in December 1648 and renewed in the yeer 1649 he wes freed and exonered of the saids bands at lenth mentioned in the saids acts, thairfor his majestie, with advice and consent forsaid, doth frie and exoner him, his aires, executors and successors of the saids bands and declares the same and the sumes therincontained to be a publict debt in tymecomeing.

  1. NAS. PA2/27, f.80-81v.