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To his grace her majestys high commissioner and right honourable the estates of parliament, Robert Martine of Burnbrae, late tacksman of the additional inland excise in the shire of Aberdeen, imposed by act of parliament 1693.
Humbly sheweth,
That where upon my entree upon the said tack I met with certain discouragements and difficulties by reason of edicts printed and published in that shire, whereof I do only here take notice for your grace and lordships information, but without any designe of complaining upon the makers thereof, by which edicts declaring the three pennys upon the pynt to be no better than twenty shilling upon the boll, and discharging the brewars of the non-entries they had incurred, I was prejudged to that degree in the subject of my tack that I could not make up the duty without my infallible loss and ruin. Which case being brought before the lords of his late majesties privy councill, their lordships did find that I had sustained the foresaid damnages, but thought fit to assoilzie the commisioners of the shire and only to recommend it to their care to see the same made up if possible betwixt and the tenth of September then ensuing, which day was purposely set that in case of my disappointment in the shire (which truly happened by reason of the change and break of brewars), I might have my recourse to the parliament, which was then to meet the eight of the said moneth of September, which recourse I accordingly made, and thereupon obtained an act of parliament, dated the eight of October 1696 years, wherein having laid furth my damnages to the parliament's satisfaction, they recommended me to the late king for reparation of my losses in such way and manner as his majesty in his royal bounty should think fit, as the said act of parliament herewith produced bears. Upon which recommendation, and specially on this ground: that the principal tacksmen had advanced and compted for the whole tack duty without any abatement upon my said accompt, I having petitioned his majesty, obtained his gracious letter to the lords of his majesties thesaurie, requiring them to examine and take trial of my said losses, and to report that his majesty might signify his farther pleasure therein, as a double of the said letter (whereof the principal is in the thesaury), dated the first of March 1699 years, bears, which letter being presented to their lordships, they were pleased to examine my accompts of my intromision with the said excise, by which it appeared that I fell short of my tack duty in the sum of ten thousand, nine hundred and thirty nine pounds as my loss, for which I was recommended by the parliament to his majesty; and thereupon the said lords of thesaury found that I had sustained damnages in the prosecution of my said tack upon the grounds mentioned in the report, and therefore they did again lay my losses before his majesty to be repaired in such manner and way as he in his royal bounty should think fit, as their report of the date the third day of April 1699 years herewith produced bears. Which report being accordingly laid before his majesty, and his majesty being also informed that the fond upon which the said losses were sustained was fully accompted for, and I still left under legal diligence and distress, his majesty, by his second letter, dated the nineteenth of April 1701, thought fit to remit the matter to the care of the lords of the thesaurie, authorizing and requiring them to take such ways for my satisfaction out of the fonds yet undisposed of as might effectually operat my relief, or in case that could not be done, that they should lay the matter before the parliament as a deficiencie for the end abovementioned, as a copie of the said letter (whereof the principal in the thesaurie) herewith produced bears. Which letter being likeways presented to their lordships, they, after consideration thereof, and in complyance with his majesties pleasure, in respect there was no fond undisposed of out of which they could order my relief, thought fit to lay my said losses before the high and honourable court of parliament as a deficiencie for the end foresaid, as the said act of thesaury of the date the first day of January 1701 herewith produced testifies. Likeas, in prosecution thereof, I did prepare my representation for the parliament that sat the said moneth of January 1701, but by reason of the throng of publick business, I could have no access to a hearing, all privat business, as is well known, being then laid aside, so that now indeed is the first opportunity that I have had for laying my case before the estates of parliament with the foresaid recommendations granted upon it.
And seeing your grace and lordships may plainly perceive how from the beginning, without the least fault or neglect upon my part, I did incurr the said damnages, and that both the lords of his majesties privy council and the estates of parliament and the lords of the thesaurie, upon the late king's foresaid letters, have again and again found that I ought to be relieved thereof, it being evident that I was only subjected thereto throw my being tacksman of a subject that fell short, notwithstanding of my utmost diligence, for the causes aboverepresented; and that it is farder certain that the principal tacksmen, to whom I and my cautioners are inevitably lyable, having payed up and counted for the whole tack duty without any abatement, in regard that before hand they had compleated their payments, this burden that still lyes upon me is manifestly a deficient fond, which the estates of parliament can only make good according to the foresaid recommendations, and which it is impossible for me to bear without being sunk and ruined.
May it therefore please your grace and lordships, in consideration of my said afflicted case which comes plainly to this point, that I, having become sub-tacksman of an excise which proved deficient without my fault, and the tacksmen having compted to the thesaurie but leaving the burden entirely upon me, I ought and only can have my relief as of a deficient fond from the parliament's justice in manner above demonstrat, to have compassion of my said distress; and finding my foresaid loss to be clearly a deficient fond, to appoint and ordain my remedy when the fonds shall be considered and new supplies granted in this parliament, this being not only most just but no other way possible for my reparation, without which, and that upon a publick account, I must be infallibly ruined.
Recommendation of parliament in favours of Robert Martine of Burnbrae
At Edinburgh, the eight day of October one thousand six hundred and ninety six years, anent the petition presented to his majesty's high commissioner and the right honourable the estates of parliament by Robert Martine of Burnbrae, late tacksman of the additional inland excise in the shire of Aberdeen, imposed by act of parliament one thousand six hundred and ninety three, humbly shewing that where upon the petitioner's entry into the said tack he did meet with such discouragements and difficulties by reason of edicts printed and published by a certain number of the commissioners of excise in Aberdeen shire, on whom, though the petitioner intended not to complain, yet he must take leave for his grace and their lordships better information to represent that by these edicts declaring the three pennies on the pint to be no better than twenty shilling upon the boll, and by their backwardness to give the petitioner the concurrence that might have been expected from persons in their trust, the petitioner was prejudged irrecoverably to that degree that he is short more than nine thousand pounds of the tack duty he owes to the principal tacksmen, which he can never pay without his own loss and ruin. Whereby it happened that the petitioner was necessitated (much against his mind) to lay his case before the lords of his majesties privy council, who were satisfied that he had sustained damnages, but in regard that the said commissioners being offended, did likeways reconveen the petitioner, and that the matter could not be brought to any other accommodation, the lords of council, by their sentence in August last, assoilzied both the said commisioners and him hinc inde, but with all recommended it seriously to the said commisioners to consider his said damnages and to do therein as they should see cause, and that betwixt and the tenth of September last, as the sentence of the privy council produced with the said petition bears, whereupon the petitioner did address himself to the said commissioners, but all the answer he got was that they were ready in obedience to the said recommendation to give the petitioner any assistance was in their power to uplift the deficiency of the said excise, and that this was all they could do in the matter. Whereby the honourable court of parliament may evidently observe, first, that the lords of privy council were satisfied that the petitioner had sustained damnages on the account foresaid; secondly, that for the petitioner's reparation, they seriously recommended him to the foresaid commissioners of the shire, and farder did limit them to the tenth of September last, which it's known was done, that in case the petitioner got not in that time redress from the commissioners, he might apply to his grace and their lordships who were then to meet the eight of the said moneth; tertio, that the petitioner has gotten no redness, nor can he expect any from the said commissioners, it being certain that the damnage that the petitioner sustained was both by the encouragement the brewers got to refuse just entries as well as agreements, and likeways by breaking of many through these contests that are now utterly desperat, so that, in all humility, the petitioner must protest before his grace and their lordships that, notwithstanding of the outmost diligence and pains the petitioner has taken in this matter, unless this honourable court of parliament find some relief for him, he must sink under the foresaid burden, there being visibly no other relief for him. And therefore craving his grace and their lordships, in consideration of the premisses, and that it were in effect an hardship which the equity of this honourable court will never allow, that a poor man should be innocently ruined for his service offered to the government, to take cognition of the petitioner's foresaid heavy and irrecoverable losses, and to provide such remedy and relief as his grace and their lordships should in justice and equity think fit, as the said petition bears. Which being read in presence of and considered by his majesties high commissioner and the estates of parliament, they have recommended and hereby recommends the petitioner to his majesty for reparation of his losses in such manner and way as his majesty in his royal bounty shall think fit. Extracted forth of the records of parliament by me, Alexander Gibson of Durie, one of the depute clerks thereof, as having commission for that effect from Charles, earl of Selkirk etc., clerk to the parliament and to his majesties councils, registers and rolls. Alexander Gibson.
Copy of the king's letter to the thesaury in favours of Robert Martine of Burnbrae
Suprascribed, William R[ex]
Right trustie etc. We having received a petition from Robert Martine of Burnbrae recommended to us by our parliament for reparation of losses he sustained when he was tacksman of the additional excise of the shire of Aberdeen, from the first of June 1693 to the first of May 1695, and the loss that he hath suffered being represented to us to be about the sum of eight hundred pound sterling, wherein he hath fallen short of his tack duty, we do hereby require you to examine and take tryal of his said losses, and to report the same to us that we may signifie our further pleasure therein. And so we bid you heartily farewell. Given at our court at Kensingtoun, the first day of March 1698, and of our reign the 9th year.
By his majesties command, countersigned, Tullibardine
Extract report, the lords of his majesty's thesaury in favours of Burnbrae
At Edinburgh, the third day of April one thousand six hundred and ninety nine years, anent the report by the commisioners of his majesties thesaury anent the losses sustained by Robert Martine of Burnbrae, bearing that where it having pleased his majesty by a letter under his royal hand, dated the first of March one thousand six hundred and ninety eight years, to require the said commisioners of his thesaury to examine and take tryal of the losses sustained by the said Robert Martine while he was tacksman of the additional excise of the shire of Aberdeen, from the first of June one thousand six hundred and ninety three years to the first of May one thousand six hundred and ninety five years, which he represented to be about the sum of eight hundred lib. sterling, wherein he was fallen short of the tack duty, in obedience to his majesties command, the said commisioners have seen and examined the accompts exhibited to them by the said Robert Martine of his foresaid tack duty and intromisions, whereby, and by his tack produced, it appeared that his tack duty during the said space extended to fourty one thousand, five hundred twenty seven pounds, fifteen shilling, seven pennies Scots, and that on the other part he collected out of the said shire of the said excise during the said space, as by a particular accompt shown to them has testified, thirty eight thousand, five hundred eighty eight pounds, six shilling, eight pennies, but his expenses in collecting, being extraordinary through the oppositions and difficulties that he met with, as is aftermentioned, and amounting to eight thousand pounds Scots, there rests of ballance, wherein he fell short of his tack duty, ten thousand, nine hundred thirty nine pound, eight shilling, eleven pennies, which sum he recktoned as the sum of his losses for which he was recommended by the parliament to his majesty by their act dated the eight of October one thousand six hundred and ninety six. In regard that upon a tryal before the lords of his majestys privy council they found that he had sustained damnages in the prosecution of his said tack, by reason that the commissioners of excise of the said shire had published and printed edicts whereby they declared that the additional excise of three pennies on the pint of ale was no better than twenty shilling on the boll, which was considerable under rating, and likeways neglected to appoint offices and districts as they ought to do, and discharged the non-entries that the brewers had incurred, for which cause, albeit the laid lords of privy council did again remit and seriously recommend the said Robert Martine to the said commissioners of excise for some reparation, yet all the answer he obtained from them, being that they offered him their ordinary concurrence, which the change of brewers and other accidents which had happened in the space of two or three years was of no value and could take no effect, the said Robert Martine was necessitat to lay his case before the parliament, where, after considering his complaint exhibited to the lords of privy council with their procedure thereon, and particularly though they found the said Robert Martine had sustained damnages on the occasions and the grounds aforesaid, yet for good reasons moveing them they assoilzied the said commissioners. The estates of parliament did therefore grant the foresaid act and recommendation to his majesty for reparation of the said Robert Martine's losses, all which appeared to them by the foresaid act of council and grounds thereof and by the foresaid act of parliament, all produced in their presence. They did with all submission again lay the said Robert Martine, his losses, before his majesty to be repaired in such manner and way as his majesty in his royal bounty should think fit. Sic subscribitur, Marchmont, chancellar, Queensberry, Annandale. Extractum de libris thesaurarii per me.
Copy of the king's letter to the thesaury in favours of Burnbrae
Ut suprascribitur, William R[ex]
Right trusty and right well beloved cousine and counsellour, right trusty and intirely beloved cousine and counsellour, right trusty and well beloved cousins and counsellors, and right trusty and well beloved counsellors, we greet you well. By our letter of the first of March 1698 we required you to examine and take tryal of the losses sustained by Robert Martine of Burnbrae, sub-tacksman of the additional excise of the shire of Aberdeen, from June 1693 to May 1695, in order to his reparation, which was recommended to us by our parliament. In return to which letter we have your report, whereby his losses are stated to ten thousand, nine hundred thirty and nine pounds Scots, and laid before us to be repaired in such manner as we should think fit. And we being informed that the fund upon which the said losses was sustained is fully accompted for, and the said Robert Martine yet left under the legal diligence and distress of the principal tacksmen, we have therefore thought fit to remit the matter to your care, authorising and requiring you to take such ways for satisfaction of the said tacksmen out of the funds yet undisposed of as may effectually operat his relief, or, in case this cannot be done, that you lay the same before our parliament as a deficiencie for the end abovementioned. And so we bid you heartily farewell. Given at our court at Kensingtoun, the 19th day of April, and of our reign the 12th year.
By his majesties command, sic subscribitur, Carmichael.
Extract recommendation, the lords of his majesties thesaury in favours of Robert Martine of Burnbrae
At Edinburgh, the first day of January one thousand seven hundred and one years. The lords commissioners of his majesties thesaury, considering that his majesty, by his letter of the nineteeth of April last, making mention that by a former letter of the first of March one thousand six hundred and ninety eight he required them to examine the losses sustained by Robert Martine of Burnbrae when sub-taksman of the additional excise of the shire of Aberdeen, from June one thousand six hundred and ninety three to May one thousand six hundred and ninty five years, in order to his reparation, which had been recommended to his majestie by the parliament; and that in return to that letter his majestie had their report, whereby his losses are stated to ten thousand, nine hundred and thirty nine pound Scots, to be repaired in such manner as his majesty should think fit. And that his majesty being informed that the fond upon which the said losses were sustained was fully accompted for, and the said Robert Martine left under the legal diligence and distress of the principal taksmen, therefore his majesty thought fit to remit the matter to the saids lords, their care, requiring them to take such ways for satisfaction of the said tacksman out of the fonds yet undisposed of as might effectually operat his relief, or, in case this cannot be done, that they should lay the same before the parliament as a deficiencie for the end abovementioned, as the said letter bears. And there being no fond undisposed out of which they could order satisfaction to the said tacksmen for the said Robert Martine, his relief, the saids lords therefore, in compliance with his majesties will signified to them by the said letter, do hereby lay the said Robert Martine, his losses, before the parliament as a deficiency for his relief, and the end abovementioned. Sic subscribitur, Marchmont, chancelor, Argile, Ad[am] Cockburn, F[rancis] Montgomerie. Extractum de libris thesaurarii per me.
†Edinburgh, 6 September 1703
Her maties high commissioner and the estates of parliament, haveing considered this petitione, they declaire they will take the same to their consideratione when the parliament proceeds to the fonds for the forces and the arrieres due to the armie.
Seafield, cancellar[ius], I.P.D. p[arliamenti]