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<DATE>2009-04-15</DATE>
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<NAME>Scott Lepisto</NAME>
<RESP>MURP</RESP>
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<HEAD>UNTO HIS GRACE, HIS MAJESTY'S HIGH COMMISSIONER And the Honourable ESTATES OF PARLIAMENT The COLLECTORS of the POLL impo&s;ed <HI>Anno</HI> 1693.</HEAD>
<OPENER>Humbly Sheweth,</OPENER>
<P>THAT for payment of the Arreers due to the Army preceeding the Fir&s;t of <HI>February</HI> 1691, and out of the&s;e for payment of the Arreers due by the Army to the Country, there is a Poll impo&s;ed conform to the &s;eve|ral Cla&s;&s;es expre&s;t in that Act: Whereby the Commi&s;&s;ioners of the &s;e|veral Shires were to &s;ub-divide them&s;elves, and take up the Roll of the Polable per&s;ons of each Paroch, and return the &s;ame betwixt and the fir&s;t of <HI>October</HI> 1694 to the Lords of The&s;aury, or Pol-Office, and the Per&s;ons lyable conform to the&s;e Rolls, were to pay at <HI>Martinmas</HI> in the &s;aid Year 1694, under the pain of the Qua|druple.</P>
<P>This being a new Impo&s;ition, both as to the Subject and way of Uplifting, and diffu&s;ed over all the Nation, and we being de&s;irous to &s;erve His Maje&s;ty therein prevailed at the Roup by offering Fourty Four Thou&s;and one Hundred Pound <HI>Sterling</HI> therefore, and got a Tack thereof; whereby we were to have the Roll of the polable per&s;ons betwixt and the fir&s;t of <HI>October,</HI> and thereby to lift the Pole it &s;elf according to the&s;e Rolls at <HI>Martinma&s;s</HI> 1694. under the pain of the Qua|druple from each deficient.</P>
<P>When the fir&s;t of <HI>October</HI> came few Rolls were returned, whereupon we acquain|ted the Thea&s;ury therewith, both by Petition and In&s;trument; and al&s;o the Lords of Privy Council i&s;&s;ued forth &s;everal Proclamations for &s;upplying the&s;e defects: But for all this the Rolls were never compleated nor payments timou&s;ly made, &s;o that the Quadruples fell due.</P>
<P>We were nece&s;&s;itate to &s;end &s;everal per&s;ons of Quality to repre&s;ent our ca&s;e to His Maje&s;ty, that the Tack was not fulfiled to us, and the Quadruples incurred, the uplifting whereof would be a great hard&s;hip to the People, whereupon his Ma|je&s;ty fir&s;t &s;i&s;ted Execution for the Tack-duty, and then with con&s;ent of Parliament turned the Tack of the &s;aid Pole into a Collection. By the Act turning the Tack into a Collection, The rea&s;ons for &s;o doing expre&s;t in the Act are, <HI>That the le|vying of Money by Pole being new, and the Countrey and others concerned not ob&s;erving the Rules and Ordinances contained in the Act of Parliament thereanent, but throw their failzie incurring the Quadruples appointed be the &s;aid Act by way of penalty, the fore&s;aid Tack&s;men were not able to pay the for&s;aid Duty, unle&s;s they had been allowed to exact the fore&s;aid Quadruples, which had vi&s;ibly tended to the great oppre&s;sion and di&s;turbance of the haill Kingdom.</HI> Therefore His Maje&s;ty and E&s;tates of Parliament liberate us from the fore&s;aid Tack, and ordained us to Compt as Collectors, and gave a Commi&s;&s;ion to the Honaurable Per&s;ons therein named to take in our Accompt, &amp; determine all differences thereanent; and to ferm the &s;ame at 30000 <HI>lib. Sterling</HI> as the <HI>minimum,</HI> and no per&s;on being able to offer that Sum, the Lord <HI>Balheaven</HI>
<PB N="2" REF="2">and others, for the behoove of the Officers for whom the Pole was impo&s;ed, took the &s;ame at that rate.</P>
<P>The Commi&s;&s;ion after much Paines and Travel prepared and pre&s;ented a Report to the Parliament, in two points, whereof we are principally concerned. The <HI>Fir&s;t</HI> is, whether our Expen&s;es ought to be allowed to us conform to the Accompt we have offered. And <HI>Secondly,</HI> Whether we can be further liable for the Vintuples then for Ommi&s;&s;ions and Concealments of our own Intromi&s;&s;ions, but not for the Vintuples of the Concealments of our Sub-Collectors, for which they them&s;elves as the Per&s;ons guilty, ought only to be liable.</P>
<P>As to the fir&s;t point we humbly conceive, that our Expen&s;es cannot be refu&s;ed becau&s;e our Tack being turned into a Collection, not upon our Accompt alone, but upon the ju&s;t grounds repre&s;ented in the Act, and we made Collectors; we ought to be con&s;idered as if we had been appointed Collectors from the beginning: in which ca&s;e it is unque&s;tionable, that where a Tack is lou&s;ed and turned to a Colle|ction in the &s;ame Tack&s;mens Hands, we are in the &s;ame ca&s;e as if we had been always Collectors, and never Tack&s;men. And &s;o by the fore&s;aid Act 1693, im|po&s;ing the Poll, the Lords of Their Maje&s;ties Privy Council are impowered to allow out of the &s;aid Poll Money, &s;uch Charges and Expen&s;es as &s;hall be nece&s;&s;ary for Execution of that Act. And therefore conform to the &s;aid Power, it is hum|bly expected from the Ju&s;tice of the Parliament, that our Expen&s;es and Charges will be allowed us.</P>
<P N="2"><HI>2d^o.</HI> By the Act appointing us Collectors, the Commi&s;sioners therein named are impowered to allow, or not allow our Expen&s;es for in-bringing of the Poll, as they &s;hall &s;ee cau&s;e: Which clearly imports, that our Expen&s;es was &s;till under Con&s;ideration, and the Allowing only delayed till our Diligence and Pains &s;hould appear.</P>
<P N="3"><HI>3^t^i^o^.</HI> The report bears, that the Commi&s;&s;ion found, that the expence of up|lifting what remained of the Poll would exhau&s;t what could be recovered: And &s;eeing what remained, was farmed at 6000 <HI>lib:</HI> Sterling, we having uplifted 24000 <HI>lib:</HI> Sterling, and the whole being Farmed be the Officers for 30000 <HI>lib:</HI> Sterling: it is evident that we could not uplift 24000 <HI>lib:,</HI> whereof a part from each per&s;on in the Nation without va&s;t expences, be&s;ides the expences of our ap|plication at Court; attending Parliaments, and the Commi&s;&s;ion the&s;e &s;everal years, and otherwayes, &s;eing the 6000 <HI>lib:</HI> could not be uplifted for its value: And upon which ground we refu&s;ed to Farm the Poll at the <HI>minimum;</HI> and &s;o the Officers, who had the right thereto, and could be in no hazard, took the &s;ame at that rate</P>
<P N="4"><HI>4^t^o</HI> Though the Officers had the Farm thir many years; Yet after all their di|ligence they have recovered little, except from &s;uch Shires as were totally defici|ent to us.</P>
<P>We being turned from Tacks-men to Collectors, not from meer Grace and Favour to our &s;elves, but upon plain and nece&s;&s;ar grounds of Ju&s;tice related in the Act, <HI>Viz,</HI> That Levying of Money by Poll was new, and that the Country had failed in ob&s;erving the Rules pre&s;cribed, whereby we are not only blamle&s;s, but in effect wronged by our Tacks not being ob&s;erved and fulfilled to us. <HI>2do.</HI> The Act doth furder acknowledge, that the Country had incurred the qua|druples, and that the&s;e quadruples were due to us: And which if we had exacted we could have payed the whole Tack-duty: So that the Act of Parliament having Di&s;charged the&s;e quadruples which was the Subject of our Tack, it nece&s;&s;arly fol|lows, that the Tack was turned to a Collection for a mo&s;t onerous Cau&s;e upon our part; and &s;o con&s;equently we fall all our expences and Charges: and if there were place to bring back the Que&s;tion; we might ju&s;tly demand Sallaries for our pains.</P>
<PB N="3" REF="2">
<P>It is known, that when &s;everal Tacks &s;ett by the The&s;aurie and Exchequer have been turned to a Collection; and the Tack&s;men appointed Collectors, they got not only their Charges but Salaries: And we cannot be jealous, nor apprehend from &s;o ju&s;t a Parliament, that our Tack being turned into a Collection, not for our &s;akes, but for the hail Countrey, who had incurred the Quadruples which belonged to us, and whereof they are thereby di&s;charged, That we &s;hall pay for the favour done to the Countrey, and in our prejudice, But that the honourable E&s;tates will allow us our Charges, In repre&s;enting the &s;ame to His Maje&s;ty, uplifting, and o|therways upon that behalf: For if any lo&s;s be &s;u&s;tained by the Conver&s;ion, the Countrey in general, who were di&s;charged of the Quadruples, which was our Right, and nor we, who were deprived of the&s;e Quadruples, ought to make up the &s;ame. And in general, That Expen&s;es ought to be allowed to us, was found by a Vote of the Commi&s;sion after full Debate.</P>
<P>THE 2d. Que&s;tion which the Report pre&s;ents to the Parliament is, concerning the Vintuples: As to which we humbly repre&s;ent, That we can only be lyable to the&s;e of our own Concealment, and not for our Sub-collectors, who if per&s;onal Tran&s;gre&s;&s;ors, mu&s;t &s;u&s;tain the per&s;onal Puni&s;hment, according to the known principles of Law, That <HI>noxa caput &s;equitur &amp; pena tenet &s;uos authores.</HI></P>
<P>The Report bears, That the Officers opponed the Act of Parliament, which bears the former Tack to have been turned to a Collection, upon the Condition, that the Tack&s;men and Sub-collectors &s;hould be lyable in 20 <HI>&s;s.</HI> for each &s;hilling concealled, and that the Tack&s;men &s;hould be lyable for there Sub-collectors.</P>
<P>To which it is an&s;wered, That the Act of Parliament is opponed, turning the Tack <HI>ex ju&s;titia</HI> into a Collection, and ordaining <HI>The Tack&s;men to Compt for their Intromi&s;&s;ions with the Pol-money: Sick like as, if they had only been Collectors and in|&s;tead of the Tack, had got a Commi&s;&s;ion allenarly for that effect.</HI></P>
<P>By which it is clear, That they aware only to Compt as Collectors for their Intromi&s;&s;ions: It is true, There are Conditions annexed, <HI>viz.</HI> That the Tack&s;|men be lyable for all the Sub-collectors and Mannagers imployed by them. <HI>2ly:</HI> That our Books be made Parent, and that we and our Sub-collectors be examined upon Oath as to the Verity thereof, and whether there be any thing omitted.</P>
<P>Which two Conditions relate to our Intromi&s;sion, and as to any Intromi&s;&s;ion had by us, or any imployed by us, we willingly &s;ubject our &s;elves.</P>
<P>The 3d. Condition which is altogether mi&s;taken by the Officers is, <HI>That in ca&s;e it be found there was any thing received from the Countrey not given up in the Books, That the Tack&s;men OR their Sub-collectors, be lyable in 20 &s;s for each Shilling &s;o omitted.</HI></P>
<P>By which Condition it is plain, That the Parliament under&s;tood that as Penal, and the puni&s;hment of Fraud in receiving from the Countrry, and not charging them|&s;elves therewith; wherefore in the Conditions annexed to our Compting for our intromi&s;sions, the Parliament ju&s;tly &s;tatutes and finds us lyable for our Sub-col|lectors and Mannagers imployed by us; but when it comes to our Omi&s;&s;ions and faults, than the Parliment applys the Penalties to the Tran&s;gre&s;&s;or in disjunctive Words. <HI>Viz. That the Tack&s;men OR their Sub-collectors be lyable in 20 &s;s. for each Shil|ling omitted, which was received from the Countrey, not given up in the Books.</HI> So that where the Tack&s;men received one Shilling from any in the Countrey not given up in his Book, he is lyable in 20 <HI>&s;s,</HI> and where the Sub-collector &s;o received what <GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">s not given up in their Books, the Sub-collector, and not the Tack&s;man, is lyable</P>
<P>For if the Parliament had intended us lyable for the&s;e Frauds of our Sub-col|<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">ectors, they would infallibly expre&s;t the &s;ame; and if they had offered any &s;uch expre&s;sion, we would rather have adheared to our Tack &amp; Quadruples, then &s;ubjected
<PB N="4" REF="3">our &s;elves to the Vintuples for other Mens Tran&s;gre&s;sions: And &s;eing it is not &s;o expre&s;t, and that the Commi&s;sion has moved a Que&s;tion thereanent to the Parlia|ment, we are confident that the Parliament, with regard to the Circum&s;tances, and genuine import of the words, will find each Man lyable for his own Tran&s;gre&s;sion.</P>
<P>For though we were liable for our Collectors when we imploied them; yet the&s;e Penalties being impo&s;ed by a &s;ub&s;equent Law, can never reach us who had imploied them before that Law.</P>
<P>It is of no import, nor can it be any Defence to the Sub-collectors, That they did not crave the Conver&s;ion: Becau&s;e the Conver&s;ion was made upon the account of the Country, that they might be di&s;charged of the Quadruples incurred; and the Penalty was impo&s;ed by Statute upon the Tran&s;gre&s;&s;ors. And the Sub-col|lectors would under&s;tand, that if we were damnified by their Fault, they will be liable in the Reparation. Therefore the Parliament, for preventing the Mul|tiplying of &s;uch Proce&s;&s;es, did not find us liable for their Faults, but each Man for his own. And in this they have no prejudice. And it is &s;candalous in any Man that has tran&s;gre&s;&s;ed, to excu&s;e him&s;elf from the Penalty inflicted upon &s;uch a Tran&s;gre&s;&s;ion.</P>
<P>The Officers by the Report further urged, That there being Seventeen Thou|&s;and Pound applied for payment of the Atreers to the Country, there remains on|ly One Thou&s;and Pound to them of the Fourty Four Thou&s;and pound contained in our Tack: And if we be not liable in the Vintuples, they cannot make up their Tack-duty of Thirty Thou&s;and Pound.</P>
<P>To which it is An&s;wered, That it &s;eems the Officers only look upon that as payment, which they get in their Hand, but not what is given to their Creditors. But they would under&s;tand, that the Seventeen Thou&s;and Pound of Arreers pay|ed to the Country, was due by them to the Country, and &s;o is payment to them&s;elves; Whereby they have got Eighteen Thou&s;and Pound, be&s;ides what they have and may uplift:</P>
<P>It is an odd Argument, That if we be not liable in the Vintuples, they cannot make up their Tack-duty: Which is as much as, whether right or wrong, we mu&s;t be liable.</P>
<P><HI>May it therefore plea&s;e your Grace and the Honourable E&s;tates, in con&s;ideration that if our Tack had been ob&s;erved to us, and the Rolls timeou&s;ly delivered, and the Quadruples exacted, we might have been well able to have payed up our Tack-duty: And that in regard our Tack was not fulfilled to us; and that the Qua|druples incurred, and due to us, was forgiven to the Countrey, and that our Tack was therefore loo&s;ed, and we ordained to make Compt of our &amp; our Sub-col|lectors Intromi&s;&s;ions, as if we had got Commi&s;&s;ion for that effect, when we got the Tack: And that by the</HI> 3d. <HI>Condition of that Conver&s;ion, we or our Sub-col|lectors are lyable for what is received and not Booked. To allow us our Charges and Expen&s;es, in uplifting Twenty four Thou&s;and pound whereof a part from each Per&s;on in the Nation, according as is provided in the Act</HI> 1693 <HI>impo&s;&s;ing the Poll. And to find, That the Vintuples incurred affect the Tran&s;gre&s;&s;ors, and not u<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"> for them, that being an intollerable Hard&s;hip, which we cannot undergo, bu<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"> would rather have keeped our Tack with the Quadruples: And however, th<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"> pur&s;uing thereof, will be of great difficulty and more Expen&s;e, than all that will ari&s;e therefrae.</HI></P>
<CLOSER>And Your Grace and Lord&s;hips Petitioners &s;hall ever Pray &amp;c.
<POSTSCRIPT>
<P>In re&s;pect whereof, no Act ought to be pa&s;t, &s;o Unju&s;t in it &s;elf, and &s;o Dangerous in the ma<GAP DESC="illegible" RESP="UOM" EXTENT="2+ letters"> of pre&s;enting it.</P>
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