Act, 23 March 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Tuenty Third day of March Jaj vjc and Nyntie tuo years

A1692/3/431

Act

Act2 against suspensions at the instance of the subcollectors of the hearthmoney3

Anent the petitione given in to the Lords of there Majestyes privie Councill be James Melvill of Cassengray Generall Collector of the hearth money Shewing That where by there Lordships last act anent the hearth money It wes ordained that the subcollectors should give in to the petitioner all the Lists of the hearths that they hade receaved and make Just compt and reckoning to the petitioner of there bygone Intromissiones And afterwards survey the haill hearths within there respective bounds The petitioner hes thereupon and upon there backbonds they granted Charged some of them and there Cautioners with horning To performe the obleidgments whereunto they are obleidged both by the said act and by there backbond to the petitioner And they refuse aither to Compt and Reckone Far Less to pay in any money they have receaved or to give in any Lists Except First the petitioner Condescend allow them there sallery and expenses and give up there oune and there Cautioners bond And thereupon hes actually suspended the petitioner befor the Lords of Sessione As Instruments taken thereupon and the Coppies of the bills of suspensione produced with the said petitione hes testifiyed so that the petitioner is in doubt what course to take both for the Kings service therein and for his oune exoneratione sieing he Cannot condescent upon there Sallerie Nor allow there expenses till he have there Lordships order and determinatione in the premisses which the said petitioner never hade as yet, altho they have more in there oune hand then will pay there sallery and expensses Nor can the petitioner give up the bond of Cautionrie till they not only pay all bygone Intromissiones Bot also Compleat the survey and payment Conforme And therefore Craveing4 that the saids Lords would be pleased to Consider the premisses And ordaine the subcollectors to give in there accompts and Lists conforme to the said act And which diligence they have alreadie used before there Lordships last act And Recomend to the Lords of Session that they suspend not in the subcollectors favours upon such grounds And that they remitt the suspensiones alreadie given to the saids Lords of privie Councill there consideratione As the said petitione bears The saids Lords of there Majestyes privie Councill haveing Considered this petitione given in to them be the above James Melvill of Cassengray with the Instruments and Coppies of bills of suspension mentioned therein and produced therewith They hereby Recomend to the Lords of Councill and sessione That they pass no bills of suspensione of any charges given or to be given or to be given5 at the petitioners instance to the subcollectors of the hearth money upon the above act of Councill for giveing in Lists of the hearths and makeing payment of the money collected be them or upon there bonds of Cautionrie granted to him for that effect butt upon obedience only.

Att Edinburgh the Tuenty Third day of March Jaj vjc and Nyntie tuo years

A1692/3/431

Act

Act against suspensions at the instance of the subcollectors of the hearthmoney

Concerning the petition given in to the lords of their majesties’ privy council by James Melville of Cassingray, general collector of the hearth money, showing that whereby their lordships’ last act concerning the hearth money it was ordained that the subcollectors should give in to the petitioner all the lists of the hearths that they had received and make just account and reckoning to the petitioner of their bygone intromissions and afterwards survey the whole hearths within their respective bounds, the petitioner has thereupon, and upon their backbonds they granted, charged some of them and their cautioners with horning to perform the obligations whereunto they are obliged both by the said act and by their backbond to the petitioner, and they refuse either to account and reckon, far less to pay in any money they have received or to give in any lists except first the petitioner condescend to allow them their salary and expenses and give up their own and their cautioners’ bond, and thereupon has actually suspended the petitioner before the lords of session, as instruments taken thereupon and the copies of the bills of suspension produced with the said petition has testified, so that the petitioner is in doubt what course to take both for the king’s service therein and for his own exoneration seeing he cannot condescend upon their salary nor allow their expenses till he have their lordships’ order and determination in the premisses which the said petitioner never hade as yet, although they have more in their own hand than will pay their salary and expenses, nor can the petitioner give up the bond of caution till they not only pay all bygone intromissions but also complete the survey and payment accordingly, and therefore craving that the said lords would be pleased to consider the premisses and ordain the subcollectors to give in their accounts and lists according to the said act, and which diligence they have already used before their lordships’ last act and recommendation to the lords of session that they suspend not in the subcollectors’ favour upon such grounds and that they remit the suspensions already given to the said lords of privy council their consideration, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above James Melville of Cassingray with the instruments and copies of bills of suspension mentioned therein and produced therewith, they hereby recommend to the lords of council and session that they pass no bills of suspension of any charges given or to be given at the petitioner’s instance to the subcollectors of the hearth money upon the above act of council for giving in lists of the hearths and making payment of the money collected by them or upon their bonds of caution granted to him for that effect but upon obedience only.

1. PC1/48, 115-16.

2. The beginning of a word (‘dis’) is scored out here.

3. A mark appears in the margin, probably an early twentieth-century editorial mark.

4. The phrase ‘to the effect’ is scored out here.

5. Sic.

1. PC1/48, 115-16.

5. Sic.