ACT Prorogating the MONTHLY MAINTENANCE FOR FIVE MONTHS, VIZ. From the first of March 1648. to the first of August, 1648. EDINBURGH, Printed by Evan Tyler, Printer to the Kings most Excellent Majesty. 1648. Edinburgh 9 Maii 1648. THe Estates of Parliament considering the dangers now threatening Religion, the Covenant, the King's Majesty and the Peace of their Kingdoms, and that they are thereby necessitat to keep up the Forces within this Kingdom, and to provide for their entertainment: Have therefore thought fit to prorogate and continue the Monthly maintenance in that same proportion it was first laid on, and that for the space of five months, viz. from the first day of March last, to the first day of August next to come: And therefore Statutes and Ordains that ilk Shire and Burgh within this Kingdom, are and shall be liable and obliged in payment of the particular sums of money underwritten, for each of the five month's maintenance abovementioned, at the times and with the exceptions after specified: And Ordains the same to be paid in to Sir John Weems of Bogie Thesaurer of the Army, and collector General of the said maintenance, or his deputies and subcollectors appointed by him for receiving thereof at the terms following, viz. The first three months of March, April and May, betwixt, and the last day of May and the other two months of June and July, betwixt and the fifteenth day of July next to come: And in the payment hereof, the Estates Ordains the hail quarterings, and any payment of maintenance since the first of March last to the first day of August next to come, to be allowed, and retained, and discompted to them by the General Commissary, or his debuties, subcollectors to be charged upon the accounts of the Army, the same being proven and instructed, according to the act of quarterings of the 22. day of February, 1645. And that the sums to be paid by the several Shires and Burroughs be as follows, viz. The Sheriffdom of Orkney of monthly pay 1143 l. Innernes 4176. l. Caithnes 945. l. Cromartie 99 l. Sutherland 423. l. Nairn 315. l. Elgine 1890. l. Aberdeen 6543. l. Bamff 1431. l. Kincardine 1566. l. Forfar 5004. l. Pearth h 8001. l. Fife 6642. l. Stirling 2538. l. Kinrosse 144 l. Clackmannan 522. l. Edinburgh 4167. l. Linlithgow 1746. l. Hadingtoune 3384. l. Bervick 3555. l. Roxburgh. 5778. l. Selkirk 1278. l. Peebls 1638. l. Lanerk 5382. l. Air 6066. l. Wigtoune and Stuartrice of Kirkcudbright 4374. l. Drumfreis 4446. l. Renfrew 2205. l. Dumbartan 1233. l. Argyle 2907. l. Bute 459. l. Follows the sums payable monthly, by the Burrows conform to their taxed Roll, viz. Edinburgh 5175. l. Pearth 810. l. Dundie 1200. l. Aberdeen 1260. l. Stirling 240. l. Linlithgow 324. l. Standrois 780. l. Glasgow 1530. l. Air 342. l. Hadingtoune 324. l. Dysert 270. l. Kirkcaldie 600. l. Monrosse 324. l. Couper 216. l. Austruther eister 180 l. Drumfreis 270. l. Innernes 450. l. Breichen 120. l. Irwing 252. l. Elgine 135. l. Jedburgh 126. l. Kirkcudbright 180 l. Wigtoun 135. l. Pettenweyme 120. l. Dumfermling 162. l. Dumbartan 162. l. Renfrew 90. l. Lanerk 162. l. Aberbrothok 81. l. Bruntiland 216. l. Peibles 108. l. Craill 216. l. Kinghorn 108. l. Ta'en 90. l. Selkirk 126. l. Austruther westir 54. l. Culross 90. l. Dumbar 180. l. Bamff 72. l. Whithorne 45. l. Forfar 27. l. Rothesay 60. l. Forres 54. l. Rutherglen 45. l. Northvervick 36. l. colein 27. l. Nairne 36. l. Lawder 45. l. Innerkeithing 90. l. Kilrynnie 27. l. Annan 30. l. Lochmaben 18. l. Sanquhar 27. l. Gallaway 18. l. Dinguall 18. l. Cudensferrie 108. l. Dornoch 18. l. For the better inbringing and collecting thereof; The Estates of Parliament appoints Sir John Weems of Bogie, with power to him to appoint deputis, ane or moe in each Shire and Parish in manner conteaned in the Act for the Tax and Loan, which collectors, deputies of Shires, and Parishes, and Clerks of Shires, shall have such fees as is allowed in that Act for the loan and taxed, Ilks are to be uplifted out of the Shires and Parishes, besides the five month's maintenance, But that the burgh's be free of all payment of the foresaids fees, inregard they collect their proportions upon their own charges: And also with power to him to nominate a Clerk to this maintenance, who is to have the same fee for their five month's proportionable, as was allowed by Parliament for the last nine months. And the Estates Ordains, that the letters and charges to follow upon this Act, for payment of the foresaid maintenance, shall be raisit and direct at the instance of the said Sir John Weemes and collectors aforesaid against the subcollectors of Shires, Magistrates of Burrows, collectors of Parishes, Heretors, Fewers, Liferenters, and others adebted in payment of their several proportions of this maintenance now imposed, with reservation of the suspensions underwritten: And Ordains the said subcollectors, Collectors of Parishes, Heritors, Fewers, Liferenters and others, so to be charged by the General Commissary, to have Letters of relief, as is Ordained by the Act for the Taxed and Loan. And for the more speedy ingatherin of the said's five month's maintenance, at the terms of payment above written. The General Collector is hereby warranted, that if any Shire or Burgh be deficient in payment of their parts of this maintenance, at the times aforesaid, he either employ some of his own Troop, or any others of the Forces, that shall happen to be on the bounds for the time as he shall think fit, for uplifting of this mainenance from the deficient Shires, burgh's, and Parishes; and ilks Troopers are to receive their entertainment from the deficients, at the ordinary rates, besides the payment of there maintence. And it is hereby Ordained, that the Commits of War be aiding and assisting to the General Commissary herein for inbringing of this maintenance. And now the Estates of Parliament understanding by the report of the proceed of the Commissioners, lately employed, for trying of and wasted lands, that the Shires and burgh's underwritten, are not able to make ready ane total payment of the sums imposed on them for this maintenance: Therefore until farther trial be ta'en therein, the Parliament doth hereby suspend the lifting of the particular sums underwritten, from the Shires and burgh's respective following, viz. From the Sheriffdom of Innernes, 666. l. 13. s. 4. d. From the Sheriffdom of Sutherland, 36. l. 13. s. 4. d. From the Sheriffdom of Nairne, 103. l. 6. s. 8. d. From the Sheriffdom of Elgine, 333. l. 6. s. 8. d. From the Sheriffdom of Aberdeen, 1333. l. 6. s. 8. d. From the Sheriffdom of Bamff, 318. l. From the Sheriffdom of Forfar 133. l. 6. s. 8. d. From the Sheriffdom of Pearth, 1333. l. 6. s. 8. d. From the Sheriffdom of Stirling, 133. l. 6. s. 8. d. Item, For the Burroughs, viz. From Pearth, 333. l. From Aberdeen, 666. l. 13. s. 4. d. From Stirling, 53 l. 6. s. 8. d. From Innernes, 450. l. From Brecchen, 120. l. From Elgine, 53. l. 6. s. 8. d. From Dumbartan, 54. l. 13. s. 4. d. From Ta'en, 24. l. From Bamff, 72. l. From Forfar, 8. l. From Rothsay, 20. l. From Forres, 54. l. From colein, 27. l. From Nairne, 36. l. The Shires and burgh's always paying punctually the sums, over and above what is suspended, at the terms aforesaid: And in regard of the present distressed condition of the Sheriffdoms of Argyle and Bute; The Estates do exeem the whole Sheriffdom of Argyle from all payment of the foresaid five month's maintenance: As also exeems the Sheriffdom of Bute from all payment of the equal half of the monthly maintenance abovewritten, imposed upon that Shire for the said's five months: And Ordain the same Shire of Bute to be only liable in payment of the other half of the said monthly maintenance for these five months: And declares the I'll of Arram to be altogether free of any payment of that half, but the rest of the Sheriffdom of Bute to pay the same. And also, The Estates declares this present Act to be without prejudice of the Act granted in favours of the Town of Innernes of the 5. of January, 1647. That any Taxations or Impositions to be laid on that Town, be allowed to them in part of their losses, conform to the Tenor of the Act. And for the sums particularly above suspended, That the General Commissary suit no payment thereof before the last day of August next to come, that betwixt and that time it may be tried what part and portions of that suspended maintenance may be raised of the Shires: And for trial thereof, Ordains Commissions to be direct to such persons, as the Parliament or Committee of Estates shall appoint, as the same shall be called for by these Shires and burgh's, in whose favours the suspensions are granted; and that betwixt and the said last day of August, the report of the said's Commissions be returned, that accordingly the suspended maintenance may be either discharged, or called for. And in case of the not return of the report as said is, the Commissary General is hereby warranted after the said last day of August, to charge for the hail maintenance of these Shires, without consideration of the suspensions. And also it is Ordained, that no Retention, Suspension, or discharge of this present maintenance be granted for any cause, other nor is above written for and wasted lands, excepting only for quarterings and payments as aforesaid; and such Lands, Rents, Annual Rents, and other duties mortified to Colleges, Schools, Hospitals, Ministers and Schoolmasters stipends, and for upholding Kirks and Bridges, ilks mortifications are to be deduced in each Shire, but notwithstanding, the Shire besides to be liable in payment of their whole maintenance: And that all other Heritors, Life Renters, Takismen, Titulars, Woodsetters, Pensioners, Conjunctfiears, Lady tercers and others, subject to the valuation within Shires and burgh's: shall be liable to their proportionable part of this maintenance, notwithstanding of any Act past, or to be passed in their favours, other nor is above set down, or to be passed by this present Parliament. And in regard of this prorogating of the maintenance on the Shires and burgh's, for the five months above mentioned, viz. From the first of March last to the first of August next to come, at the full maintenance above written: It is Statute and Ordained by the Estates of Parliament, that every debtor shall have retention from the Creditors of ane and a half of each eight, payable for annual Rent, for the said's five months above specified; so that the debtor shall only be liable in payment of six and a half of annual Rent for each hundreth of stock for these five months: And because the foresaid monthly maintenance was only continued upon the Shires and burgh's, and payable by them, from the first of November last, to the said first of March last, with deduction of ane third part of the said maintenance during that space: Therefore the Estates grants only retention to the debtors, of ane of each eight, payable for annual Rent during the said space, from the said first of Novemb. to the said first of March, during the ilk time the debtor shall only be liable in payment of seven of annual Rent, for each hundreth of stock; with this provision, that no debtor whatsoever shall have the foresaid benefit of retention, who shall not pay his annual Rent to the Creditor, within the space of ane year after that ane preceding years' annual Rent is fully restand unpaid. And farther it is provided, That what ever creditor shall take band, promise, or condition from his Debtor, for payment of the hail annual Rent at 8: per Centum, without retention of ane and a half for the hundreth, or shall not grant the retention aforesaid; shall be convened and censured as ane Usurer; notwithstanding of any such paction by word or writ. And lastly, It is Ordained that no suspension be granted without consignation, as is appointed by Act of maintenance of the 27. of February 1645. And that all Heritors within Burgh and Pendicles, and Liberties thereof (including for Edinburgh as Pendicles of the same, the houses Tenements and Yairds in Leith, Cannogate and pleasands, whereof the Town is either Proprietars or Superiors; and for the other Burrows, all that have been in use to be taxed with them) shall contribute with them for payment of the Maintenance, as is mentioned in the said Act of the 27. of February, 1645. And last, to the end that the payment of this maintenance be also equal and proportionable as can be: The Parliament Ordains the valuers of the several Shires already named by Parliament or Committee of Estates, to meet, revise, and rectify the valuation in the Shires: Provided always, that notwithstanding of this trial, the Shires be liable in payment to the general Commissar of the whole sums above written laid on them by this Act. And Ordains, that the Lands and Teinds shall pay the foresaid Maintenance, as they lie locally in Shires or burgh's, conform to the former Acts of maintenance. And it is hereby declared, that this Act is to be without prejudice of the Privileges of the Lords of Session conform to former Acts of maintenance. And Ordains this Act to be printed, and the former Act of Loane and Taxed to be reprinted and published, and gives hereby Warrant to the Clerk of Register for that effect. Alex. Gibson, Cler. Regist. FINIS.