Order, 14 January 1697, Edinburgh

Act, 6 October 1697, Edinburgh

Att Edinburgh the fourtein day of Janwary Jaj vic nyntie seven yeirs

D1697/1/51

Order

Remitt The tacksemen of excyse

Anent the petitione given in to the Lords of his majesties privie Counsell be The tacksemen of the excyse Shewing That wher the generall receavers haveing qwartered Severall pairties upon the petitioners for alleadged deficiency in payment of ther tackdwetie of the excyse they did protest against the legalitie of the qwartering And because the Saids generall receavers Did not acqwiesce they Doe therfor humbly offer to ther Lordships the grownds of ther instrument taken against the generall receavers viz primo The rule of qwartering for excyse being the Same as for the Cess conforme to the third act parliament Jaj vic eightie one yeirs It is provided by the Severall acts of parliament anent Supplies that all qwartering Shall be for a Definite Soume And ther is ane number of Sowldiers proportioned according to the Soume Notwithstanding the generall receavers have qwartered severall pairties upon the petitioners without relatione to any particular Soume But in generall ay and while the whole tackdwetie be payed up And albeit ther present circumstances be well knowen to ther Lordships And that they have payed more then they have receaved Secundo the constant rule and practise of qwartering is onlie upon deficients And albeit Comissioners for Supplie and all collectors are lyeable to qwartering yet they have the priviledge to send the Souldiers qwartered upon them to qwarter upon such as are deficient and if ther were any place for qwartering at all in this cause the deficiencies is not in the petitioners Because they have Subsett almost the whole kingdome and ther Subtacksemen being Deficient to them they did Desyre that the pairtie might be qwartered upon them and not upon the petitioners who have nothing in ther hands And Seing it is the constant rule and practise that all who are qwartered upon as lyable for Supplie or excyse have the priviledge to Lay the Load wher the deficiency trwely lyes the petitioners only Did and Doe expect the Same And if it were not Soe ther might be thrie or four qwarterings for one deficiency without releefe For as the generall receaver pretends the petitioners the generall tacksemen Should be lyable for the deficiencie of ther Subtacksemen and they will be lyable to ane other pairtie for ther deficiencie and the brewers for a third wheras one deficiencie is the occasione of all And one payment purges all soe that ther would be a triple qwartering which was never practised or awthorized by Law And ther for humblie craveing ther Lordships to remove the pairtie qwartered upon the petitioners aither Simplie till ther circumstances be taken to consideratione atleast that ther be no qwartering till ane particular Soume be condescended upon And that the petitioners may be frie upon condescending and giveing Lists of Subtacksemen Deficient of the Soume Demanded As the Saids petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione given in to them be the saids tacksemen of his majesties custome And answers therto for the generall receavers they heirby remit the Same to The Lords Commissioners of his majesties Thesaurie And the Lords of Exchequer

Att Edinburgh the fourtein day of Janwary Jaj vic nyntie seven yeirs

D1697/1/51

Order

Remitt The tacksemen of excyse

Anent the petitione given in to the Lords of his majesties privie Counsell be The tacksemen of the excyse Shewing That wher the generall receavers haveing qwartered Severall pairties upon the petitioners for alleadged deficiency in payment of ther tackdwetie of the excyse they did protest against the legalitie of the qwartering And because the Saids generall receavers Did not acqwiesce they Doe therfor humbly offer to ther Lordships the grownds of ther instrument taken against the generall receavers viz primo The rule of qwartering for excyse being the Same as for the Cess conforme to the third act parliament Jaj vic eightie one yeirs It is provided by the Severall acts of parliament anent Supplies that all qwartering Shall be for a Definite Soume And ther is ane number of Sowldiers proportioned according to the Soume Notwithstanding the generall receavers have qwartered severall pairties upon the petitioners without relatione to any particular Soume But in generall ay and while the whole tackdwetie be payed up And albeit ther present circumstances be well knowen to ther Lordships And that they have payed more then they have receaved Secundo the constant rule and practise of qwartering is onlie upon deficients And albeit Comissioners for Supplie and all collectors are lyeable to qwartering yet they have the priviledge to send the Souldiers qwartered upon them to qwarter upon such as are deficient and if ther were any place for qwartering at all in this cause the deficiencies is not in the petitioners Because they have Subsett almost the whole kingdome and ther Subtacksemen being Deficient to them they did Desyre that the pairtie might be qwartered upon them and not upon the petitioners who have nothing in ther hands And Seing it is the constant rule and practise that all who are qwartered upon as lyable for Supplie or excyse have the priviledge to Lay the Load wher the deficiency trwely lyes the petitioners only Did and Doe expect the Same And if it were not Soe ther might be thrie or four qwarterings for one deficiency without releefe For as the generall receaver pretends the petitioners the generall tacksemen Should be lyable for the deficiencie of ther Subtacksemen and they will be lyable to ane other pairtie for ther deficiencie and the brewers for a third wheras one deficiencie is the occasione of all And one payment purges all soe that ther would be a triple qwartering which was never practised or awthorized by Law And ther for humblie craveing ther Lordships to remove the pairtie qwartered upon the petitioners aither Simplie till ther circumstances be taken to consideratione atleast that ther be no qwartering till ane particular Soume be condescended upon And that the petitioners may be frie upon condescending and giveing Lists of Subtacksemen Deficient of the Soume Demanded As the Saids petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione given in to them be the saids tacksemen of his majesties custome And answers therto for the generall receavers they heirby remit the Same to The Lords Commissioners of his majesties Thesaurie And the Lords of Exchequer

1. NRS, PC2/26, 319v-320r.

1. NRS, PC2/26, 319v-320r.