Minuts of the last sederunt read.
Ordered that the orders of the house be put in execution against the members that are absent at calling the rolls.
Overture for an act advanceing and establishing the fishing trade, read and ordered to ly on the table and to be printed.
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The parliament proceeded to the further consideration of Sir William Meinzies's affair and, after hearing him and debate thereon, it was put to the vote whither he should pay at the terms following nine thousand pounds sterling or five thousand pounds sterling of his tack duty, and carried, five thousand pounds sterling payable at Martinmass and Candlemass next by equal portions, and remitted to the commission of parliament to be named to consider whither the account given in by him be a true account to be reported next session of parliament, and in the mean time sists execution for the remaining sum of his tack duty, as is fully contained in the act concerning that matter before written.
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Before the said vote the earl of Sutherland protested that whatever deduction of the tack duty was given to Sir William Meinzies, that the parliament make it up, as is more fully contained in his protest, whereof the tenor follows.
Seeing the inland excise set to Sir William Meinzies and partners for ninety nine and seven hundreth was appropriat for paying the arrears due for the army so as to give them a jus quesitum, I protest, in name and behalf of the officers of the army, that in case the parliament think fit to give Sir William Meinzies and partners any deduction of their tack, that then this honourable house may be oblidged to make up the deficiency of the funds.
Sic subscribitur, Sutherland.
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Ordered that none of the collectors or tacksmen appointed by him pay any sums of money to him that are not contained in the said account.
Ordered that the clerks of thesaury bring in a report how the army was payed dureing Sir William's tack.
The account of the hearth money read, whereof, and of the observations thereon made by the foresaid commission of parliament, the tenors follow.
The first extraordinary fond granted since the eleventh of April jM vjC and eighty nine was the hearth money, by the parliament King William and Queen Mary, session third, act third, which fond was by the said act strictly appropriated for paying the debts due to the country and the arrears to the army, being fourteen shilling for each hearth in the kingdom, to be payed in at Candlemass jM vjC and ninety one, without exception or exemption of any but the hearths of hospitals and of such poor as lived upon the charity of the paroch, for the bringing in thereof Mr James Melvill of Cassingray was made principal collector, with power to him to name his subcollectors, for whose intromissions he should be lyable, as per his bond as principal and the earl of Leven as cautioner lying in the thesaury.
| The charge of the hearth money | £ | s | d |
| 1o. By payments made to him and his subcollectors from several shires as per particular account, one hundred and fifty one thousand, nine hundred and twenty one pounds, eight shillings | £151,921 | 8 | - |
| Discharge | |||
| 1o. By payments made by him to the forces upon the thesauries precepts as per account, one hundred and thirty seven thousand, five hundred and thirty three pounds, nine shilling | £137,533 | 9 | - |
| 2o. By the subcollectors' sallarys conform to the lords of thesauries establishment, seven thousand and eight pounds, three shillings | 7,008 | 3 | - |
| 3o. Ballance due by Cassingray, seven thousand three hundreth and seventy nine pounds, sixteen shilling | 7,379 | 16 | - |
| [Total] | £151,921 | 8 | - |
Observations on the hearth money
1o. That Cassingray in his accounts has stated eight thousand, six hundred and seventy seven hearths belonging to hospitals and poor people living on charity, as to which there can be no objections, these being excepted in the act.
2o. That he has stated twelve thousand, six hundred and eighty seven hearths deficient in their payments, but over and above that number there was a whole paroch deficient in the shire of Air, the whole lands pertaining to the sherif of Murray, the whole lands pertaining to Grant of Elches, the whole lands pertaining to the laird of Calder, the whole paroch of Claich, the whole lands pertaining to the laird of Dunmaglash [and] likewayes the houses of Rothesay, Kinross, Leithingtoun and Pinkie.
3o. That he has omitted to state the charge of hearths in the shires following, viz: Dumfreis, Kincardin, Ross, Cromarty, Nairn, Elgine and the steuartry of Orkney and Zetland, but acknowledges to have received six thousand, two hundred and thirty pounds, eight shilling in part of the hearth money of the shires of Ross, Dumfreis, Elgin, Nairn, Cromarty, Orkney and Zetland, the subcollectors of these shires not haveing given in their books nor deponed upon the same.
4o. That after he had stated his account with the thesaury the subcollector of Elgine and Nairn gave in his books to the thesaury wherein he makes the number of the hearths of that shire to extend to three thousand, one hundred and fourty five hearths. Likewayes, that the subcollector of Kincardine gave in his books wherein the hearths of that shire extend to three thousand, six hundred and twenty eight, but did not depone upon the verity of his list, nor never counted with the thesaury.
5o. That there was no books produced by the subcollectors of the shires of Dumfreis, Ross, Cromerty, Orkney and Zetland.
6o. That of the sum of one hundred and thirty seven thousand, five hundred and thirty three pounds, nine shilling, mentioned in Cassingray's discharge, there was one hundred and nine thousand and eighty one pounds, nine shilling applyed for payment of the arrears due to the forces, whereas by the act of parliament it should have been applyed for payment of debts due by the army to the country in the first place. Likewayes, out of the foresaid one hundred and thirty seven thousand, five hundred and thirty three pounds, nine shilling they find the sum of twenty eight thousand, four hundred and fifty two pounds payed for subsisting the forces then standing, which they humbly conceive was imployed also by the lords of the thesaury contrary to the designe of the act.
7o. That the balance of seven thousand, three hundred and seventy nine pounds, sixteen shilling mentioned in the discharge was payed up, or at least that there were precepts drawn upon Cassingray for the same, the commission haveing seen these precepts marked in the thesaury books. But because sufficient documents were not produced for instructing that the persons to whom the balance was payable had received the same, therefore, the commission allowed the earl of Leven a diligence for recovering any writs that were wanting to instruct the foresaid payments, as also to bring in all the collectors who had not deponed upon the verity of their books nor counted for their intromissions.
Upon reading whereof, the first observation sustained. The second observation, the clerks of thesaury ordered to produce the thesaury books for instructing thereof. As to the third, fourth and fifth observations, the parliament finds that whatever was payed in by Cassingray conform to the fitted account with the thesaury, the cautioner cannot be lyable therefore, and allows the twelve thousand hearths as deficient in regaird the collectors deponed thereon before the thesaury, and their bonds were ordained to be given up to them. And as to the shires, paroches and houses not given up, ordered that the collectors count for them before a commission to be named, and finds the cautioner only lyable according to their intromission, and remits to the said commission to cite before them such as were collectors at that time and to inquire thereanent. As to the sixth observation, ordered that the clerks of thesaury give in account next diet of parliament how the articles therein mentioned were applyed, and by whose order.
Overture for an act anent misapplication of funds given for maintainence of the forces, read, and ordered to ly on the table and to be printed.
The seventh observation, the ballance therein remitted to the commission to be named to be further considered by them.
The lord chancellour, by order of her majesties' high commissioner, adjourned the parliament till Friday next at ten a clock.