[1703/5/162]*[print] [email] [cite] [preceding] [following]
Prayers said. The rolls called.
The minuts of the last sederunt read.
The earl of Marchmont desired that he might be allowed to withdraw an overture by way of act which had lately been presented by him and was appointed to ly on the table, but had not yet been read. The which desire was granted and the clerks were appointed to give back the overture.
Then his lordship presented an other overture by way of act which was read and the question being put if the said overture should be marked in the minuts or not, it carried in the negative.
[1703/5/163]*[print] [email] [cite] [preceding] [following]
Petition by the earl of Crauford, anent the arrears due to him and his regiment, being read, it was moved that the petitioner's case be remitted to the lords commissioners of her majesties' thesaury, and that he have a sist of execution at the instance of his creditors for the debts mentioned in the petition till the next session of parliament, which was agreed to, and the act thereon in his favors is as follows:
Her majesties' high commissioner and the estates of parliament, haveing heard the petition of John, earl of Crauford, humbly shewing unto them that in the year jM vjC and ninety five the regiment of foot, then under the command of the petitioner as collonell, being on the Scotish establishment, the petitioner was necessitat to contract with Sir George Home and his partners, and with Alexander Bruce and Patrick Chalmers, for cloathing the same, and on that occasion became personally engaged to pay to them a very great sum of money and whereof he hath been constrained to make payment of a considerable part, but since the disbanding of his said regiment he has never been able to recover his payment from the thesaury, nor obtain himself relieved of his engagement to Sir George Home, Alexander Bruce and Patrick Chalmers, nor to procure payment of his arrears, whereby his grace and their lordships might see plainly how much the petitioner suffers on this publict account, and how just and reasonable it is that he should not onely be reimbursed of what he has advanced, but likewayes that he should be relieved of what he stands engaged for, and for payment whereof he is dayly molested and threatned with the rigour of all manner of legal diligence, and also that he should be payed of his haill arrears, which are truely resting now these six years bypast. And seeing the petitioner instantly verified what he represented by the said petition by most probative documents therewith produced, and that it is but too certain that after the riseing of this present session of parliament he will be no longer able to protect either his person or effects from the diligence of his said creditors, therefore, humbly craveing his grace and their lordships seriously to consider the pressing and urgeing circumstances of the petitioner's present case, and to provide such effectual remedy and give such certain orders as he may not onely be reimbursed of what he shall instruct he has truely advanced and payed with interest, but also that he may obtain his full relief of his said engagement on the foresaid publict account and procure payment of his haill foresaid arrears, as the said petition bears. Which her majesties' high commissioner and the said estates of parliament, haveing on the date hereof considered and being therewith well and ripely advised they, by their interloquitor thereon, have recommended and do by thir presents recommend the petitioner to the lords of her majesties' thesaury for the reimbursement of what he has advanced and payed upon account of his regiment, with annualrent and for payment of the arrears due to himselfe and regiment, and in the mean time they have sisted and do hereby sist execution of diligence against him for the debts abovementioned untill the next session of parliament inclusive. Thereafter, and before extracting hereof, her majesties' commissioner and the said estates of parliament, haveing heard a petition given in for Sir George Home of Kello and his partners against the abovewritten petition of the earl of Crauford and deliverance thereon abovementioned, humbly shewing unto them that where in a petition presented by the earl of Crauford it is represented that the earl, haveing contracted with Sir George Home and his partners for cloathing to his regiment in anno jM vjC and ninety five, the earl not onely craves as is informed to be reimbursed of what he hath payed or advanced as collonell for the regiment and that he may have a full relief of his engagement upon the publict account as collonell to the said regiment, but likewayes that all diligence at the instance of the said Sir George Home and partners may be superceeded till the next session of parliament. It was humbly represented for Sir George Home and partners that, whatever ground the earl may crave superceeding execution as to others, yet as to Sir George Home and his partners the earl ought not to crave in respect Sir George Home and his partners offered them to prove that the earl did actually uplift and receive the cloathing money of the said regiment from the lords of thesaury for the time Sir George Home and his partners cloathed them, which, if the earl had applyed for their payment, they had been compleatly payed of what is still resting them, and furder they offered them to prove that the earl contracted with others for cloaths to the said regiment, long after their cloaths were furnished and has payed the said cloathing since contracted for, in respect whereof Sir George Hume and his partners ought to have the benefite of all legal diligence for payment of their just debt, as the said petition also bears. And her majesties' high commissioner and the said estates of parliament, haveing fully considered the foresaid petition, they by a vote of parliament adhered to their abovewritten former deliverance in favors of the said earl.
Resolved that the next day the parliament shall meet be intirely bestowed on discussing privat cases without the interveening of any publict affair whatsoever.
[1703/5/164]*[print] [email] [cite] [preceding] [following]
The petition of Alexander Nisbet anent his book of herauldry read again, and his case recommended to the lords commissioners of her majesties' thesaury as follows.
Her majesties' high commissioner and the estates of parliament, haveing heard the petition of Alexander Nisbet shewing unto them that herauldrie has been highly esteemed for many ages by all the kings and princes in Europe, and the knowledge thereof sought after by the most honourable persons in Christendome, is so well known that the petitioner supposed there's none will call in question its worth or usefulness, which will evidently appear by the petitioner's treatise of herauldry, speculative and practical, now almost ready for the press, wherein the petitioner has fully described the nature of arms and given a particular account of their beginning and rise, [and] also a large description of all the proper and natural figures in herauldrie, shewing by whom they are carried amongst us and for what reasons, so far as can be learned from the memorials of their worthy progenitors, with such geneologicall deductions of many noble and ancient families as will instruct the rise of their paternal bearings and conduce to the knowledge of their geneological pennons, gathered with great care from authentick documents in fine, as the petitioner hath, with much pains and labour, collected from forreign authors, our own histories, manuscripts, old rights, evidents, charters, monuments, tombs and seals, whatsoever may contribute to the reviveing and perfecting the science of herauldrie, so he hath continued his diligence in searching after such things as may render his book more usefull and pleasant, to which he hath also added a description of justings and turneaments and their use of old with us, so that after the space of many years the petitioner has brought his work near a close which (it's humbly presumed) will tend to the honour of the nation, the advantadge and satisfaction of many families, (whose names and honours will be thereby transmitted to posterity and made known to the engenious both at home and abroad) and may be of general use to noblemen and others when they travell and behold the multitude of ensigns armorial which are met with abroad in every house whither religious or common. Lastly, what assistance a work of this nature may afford curious antiquaries for the better understanding seals, medalls, historie and ancient records, is so well known to his grace and the high and honourable estates of parliament, that the petitioner needed discourse it no further. The petitioner not being able to defray the great charge his book will amount to in furnishing fine large paper, printing, (especially italick types whereof there are very few in this kingdom) and the expences of cutting in copper plate the armorial ensigns of this ancient kingdom, the several divises of our kings and many coats of arms that are to be found upon monuments, churches, tombs and seals of honourable families now extinct, whose names and honours are worthy to be perpetuat, therefore, he humbly craved his grace and honourable estates of parliament to take the premisses to their generous consideration and grant an allowance (out of what fund his grace and honourable estates should think fitt) as might enable him to perfite his foresaid designe, and to nominat a receiver of the said money who shall see it applyed to the said ends, and to be countable to his grace and honourable estates therefore, and lastly to commissionat such persons, as his grace and honourable estates should think fitt, to revise the petitioner's papers and oversee the press that nothing pass derogatorie to the honour of this ancient kingdom, or any particular family, as the said petition bears. Which her majesties' high commissioner and the said estates of parliament, haveing this day considered, they have recommended and hereby recommend the case of the petitioner to the lords commissioners of the thesaury to grant him allowance of two hundreth [and] fourty eight pounds, six shilling[s] [and] eight pence sterling out of what fund they shall think fitt, and to appoint persons to revise the petitioner's papers to the end mentioned in the petition.
[1703/5/165]*[print] [email] [cite] [preceding] [following]
Petition by the mealmongers at Leith, read and the magistrats of Edinburgh appointed to make answer thereto the next sitting of parliament peremptorie.
Petition by Robert Martin of Burntbrae relating to his tack of the excise in Aberdeen shire, read and delayed till the parliament appoint the fonds for maintaining the forces and other publict expences.
The act in favors of the shire of Caithness, read again.
The lord chancellour, by order of her majesties' high commissioner, adjourned the parliament till to morrow at ten a clock.