[1704/7/142]*[print] [email] [cite] [preceding] [following]
Prayers said. Rolls called.
Minuts of the last sederunt read.
The act in favors of the commissioners of justiciary; the act for exporting of wool, and the act continueing the commission, were touched with the sceptre by her majesties' high commissioner in the usual manner, of which acts the tenors follow.
[1704/7/143]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and the estates of parliament, takeing to their consideration that the five lords of justiciary are not provided by any special act to a sallary for their service, nor to any certain fund for their payment, but hitherto have had only twelve hundred pounds Scots each per annum payed to them by precepts from the lords of thesaury, upon the receivers, and their places being one of the most important of the nation concerning both the lives and fortunes of her majesties' leidges, therefore, the queen's majestie, with the advice and consent of the estates of parliament, doth fix and hereby fixes the said sallary to be twelve hundred pounds Scots yearly to each of the said five lords, makeing in haill the sum of six thousand pounds Scots, and to the effect they may be the better secured therein, and out of a certain fund that they may not be exposed to the inconveniency of undue payment, does hereby destinat and appoint that the same shall in all time comeing be payed to them and their successors in that office out of her majesties' customes at two terms in the year Whitsunday and Martinmass by equal portions, beginning the first term's payment at Martinmass next as for the first half year, and so furth termly thereafter. And for that end, has dissolved and hereby dissolves so much of the said customes from the crown as does extend to six thousand pounds Scots yearly for the end foresaid allennarly, and ordains the present receivers, collectors and all others, in time comeing, to pay to them and each of them and their successors in office their said sallary of twelve hundred pounds Scots yearly established upon them by the force of this act, and that preferable to all other payments and next to the twenty thousand pounds Scots formerly allocat upon the customes to the lords of session. And to the effect the same may be more effectually secured, does hereby extend this present act in their favors with the same powers, priviledges and order of diligence by horning etc. against all receivers, collectors, tacksmen, intromettors and others mentioned and contained in the seventh act, second session of King Charles the second's first parliament, as fully and amply as thereby given in favors of the said lords of session, as if every particular clause were here de verbo in verbum exprest and which shall be holden as here repeated, dispenseing with the not doing of the same.
[1704/7/144]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with advice and consent of the estates of parliament, ratifies and perpetually confirms the several acts of parliament prohibiting the importing of woollen cloath or stuff or any manufacture wherein there is wool, and allows the exporting of sheeps wool and woollen yearn, whither of the grouth of this or of any other kingdom, and that to the next session of parliament inclusive. And farder, continues the exportation of sheep-skins with wool upon them, and allowes the exportation thereof at all the ports of the kingdom, the said wool and skins paying duty as formerly. And it is hereby enacted and declared that all woollen manufacture of this nation exported shall be free of any impost whatsoever dureing the continuance of this act.
[1704/7/145]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, considering the great pains and diligence taken by the commission anent the publick accounts appointed by the sixth act of the last session of parliament and satisfaction thereby given, and by the report thereof made to this session of parliament, and that, yet, there remains much of what was committed to be compleated, therefore, her majesty, with advice and consent of the estates of parliament, renews the said commission to the persons therein named, in the haill heads, articles, clauses, provisions and all other points therein contained and, moreover, to cognosce upon whatever is or shall be remitted to them by this session of parliament, and particularly to call the collectors of the bullion and others lyable to account before them. And this commission to indure to the next session of parliament inclusive and ordains their first meeting to be the first lawful day after adjourning of this session of parliament. And for the better carrying on and finishing the said work, and for the encouragement of William Seton of Pitmedden, younger, Mr John Clerk of Pennycook, younger, Mr Dougald Steuart and Mr Robert Fraser, advocats, four of the said commission, they allow to each of them two hundred pounds sterling out of the first and readiest of the rests and balances contained in their report, and one hundreth pounds sterling out of the same subject to be divided by them betwixt Walter Riddell, their clerk, and the other servants. And farder, allows to David Callender, servant to the clerks of thesaury, fifty pounds sterling out of the said fund for his pains and services done by him in the said accounts.
[1704/7/146]*[print] [email] [cite] [preceding] [following]
Petition [of] Mr Walter Smith, minister of the castle of Edinburgh, craveing payment of seventy five pounds sterling resting to him, free of poundage and invalid money, read and remitted to the commission for bygones resting to him, and to the lords of thesaury as to what shall fall due to him in time comeing.
The parliament, haveing considered Sir William Douglass his representation, they remit him to the commission, as others in the like case, and recommend him to the queen's majestie to provide for him in consideration he had his estate in France forfeited for his religion and for the nation's cause.
[1704/7/147]*[print] [email] [cite] [preceding] [following]
The process [of] Captain Thomas Hay against his creditors called and, none compearing, a protection was granted to him till the next session of parliament inclusive, as follows.
Anent the petition given in and presented to his grace the marquess of Tweeddale, her majesties' high commissioner, and the right honourable the estates of parliament, by Captain Thomas Hay, merchant in Edinburgh, shewing that in June jM vijC and two the ship called the Good Hope of Leith, whereof the petitioner was an owner, was seized by Captain Thomas Butler, commander of her majesties' ship the Wool Chaster and brought her in to Berwick upon pretence that she had fifeteen thousand stand of arms on board and amunition conform, for the use of the disaffected party in parliament (as it was then termed). And the said Captain Butler, haveing transmitted an account of what he had done to the duke of Queensberry, her majesties' high commissioner at the time, Sir Gilbert Elliot, clerk of the privy council, was sent to Berwick to inquire in that matter, who both searched the ship and took the master's oath whither he had any arms or amunition aboard the said ship who, haveing deponed to the contrary, Sir Gilbert made report that Butler's information was false and groundless. The said Captain Butler, not being satisfied with haveing unjustly seized the said ship and diverted her voyage, found out a new pretence to detain her prisoner, alleadgeing that she was bound for Saly in Barbary an enemies country, and that she carried counterband goods aboard of her. Some Jews in Amsterdam, who were fraughters of the said ship, applyed to the admiralty, the ship was declared to be no prize, and the goods were taken from aboard of her without paying one farthing of fraught, tho the master protested he was willing to ply the voyage from which he was most unjustly diverted contrare to all law and reason. But so little regaird was had to this protest that the collector of Berwick ordered the hatches to be forced open and dragged the master ashoar. The petitioner and the other owners, being advertised of this barbarous procedure, it was found necessar that one should go to London to crave redress, and the petitioner being sent thither, after six moneths attendance at the admiralty court, he at last procured sentence repriveing the said ship, as they term it, which cost him above eighty pounds sterling, besides loss of time and neglect of business at home. The other owners, finding that they were to expect no advantadge from the said ship, did expose her to roup, but there being so many incumbrances upon her and the petitioner being so deeply engaged, was forced to take her wholly to himself and accordingly, by the roup, she was declared to be the petitioners, who haveing carried carpenters, masters and others to take inspection of the said ship, they found that the whole tackling and other utencills were stolen away, and that which was left was rendered useless, so that the petitioner was oblidged to fit and outrig the said ship of new, and was also decerned by the Lord Mair of Berwick to pay thirty two pounds sterling to a seaman for takeing care of the said ship, tho it can be proven that he was most part of that time prisoner there. As likewayes, they were oblidged to pay for their own provisions which they had violently plundered from them. The petitioner haveing answered all their demands, cleared off all debts and the ship being just ready to sail, there was a new order produced for seasing and arriesting the said ship of new, and the petitioner, haveing no hopes of being redressed of his losses from England, he does with all humility apply himself to his grace and their lordships, beseeching them to consider the affront put upon our nation by Butler's unjust capture, which gave occasion to all the misfortunes that attended it. For primo, the petitioner was thereby deprived of a beneficial fraught which was to have been two thousand [and] eight hundred guilders. Secundo, his other charges have been above two hundred and fifty pounds sterling which has fallen so very heavy upon the petitioner that it has run his whole affairs in disorder, put him from treading and forced him to betake himself to the sanctuary for his person. The petitioner also does further represent that there is an hundred and seventy pounds sterling of arrears owing him by the publick. And therefore, craveing his grace and their lordships to take the petitioner's hard circumstances to serious consideration and to fall on such methods for repairing his losses (in which the honour of the nation is concerned) as their justice and wisdom shall think fit and, in the mean time, to grant a protection for his person, there haveing scarce any case occurred which pleads more compassion and to which all his creditors except two have already consented, as the said petition bears. Which petition, being read in presence of her majesties' high commissioner and the said estates of parliament upon the twenty third instant and they, haveing considered the same, they granted warrand to massers or messengers to cite the petitioner's creditors before the parliament on twenty four hours' warning to the effect the petitioner might obtain protection, by vertue whereof James Gordon, messenger, on the twenty fourth instant lawfully summoned, warned and charged Mr Hugh Somervell, writer to the signet, John Bell, merchant in Edinburgh, Robert Wilson, merchant there, Robert Blackwood, merchant and dean of gild of Edinburgh, Walter Chiesly, merchant there, Robert Steuart, dyster there, Mr Francis Grant, advocat, Uthred Mackdowgall, merchant in Edinburgh, Rodger Hog, merchant there, Charles Mitchell, writer there, Robert Hunter, elder, merchant there, for himself and in name and behalf of the company and masters of Pauls Work at the foot of Leith Wynd, Mr Duncan Willieson, merchant there, Robert Marshal, merchant there, Gavin Thomson, writer there and Thomas Smith, breuar there, all of them creditors to the said Captain Thomas Hay, to have compeared before the said high commissioner and the said estates of parliament on this twenty fifth instant to the effect abovementioned, and made certification in manner expressed in the foresaid warrand and execution, and that by delivering to the said Robert Steuart, Robert Marshall and Gavin Thomson just and authentick copies personally apprehended and affixing and leaving the like just and authentick copies for the said John Bell, Robert Wilson, Mr Hugh Somervell, Robert Blackwood, Walter Chiesley, Mr Francis Grant, Uthred Mackdougal, Rodger Hog, Charles Mitchell, Robert Huntar, Mr Duncan Willison and Thomas Smith, at and upon the most patent doors of their respective dwelling houses and chambers in Edinburgh, after he had knocked six several knocks upon each of them, as use is, and intimat the same to their servants, because he could not apprehend themselves personally, as the said warrand and execution thereof also bear. Which process and action, being this day called in presence of her majesties' high commissioner and the said estates of parliament, and the said haill defenders being called by an clerk and massers both in the parliament house and at the open gate of the same, as use is in the like cases, to have compeared therein and they haveing failyied to compear, as was clearly understood to his grace her majesties' high commissioner and the said estates of parliament, and they haveing again considered the foresaid petition, warrand abovespecified and execution thereof and being therewith and with the absence of the said defenders, well and ripely advised, her majesties' high commissioner and the said estates of parliament granted and hereby grant ane protection to the said Captain Thomas Hay, petitioner, for security of his person against all diligence for civil debts due by him to his said creditors untill the next session of parliament inclusive, declaring likeas, it is hereby declared that this protection shall not defend against any diligences for warranding, assignations and dispositions granted by the petitioner to any of his creditors. Extract.
[1704/7/148]*[print] [email] [cite] [preceding] [following]
The process [of] Patrick Steel against his creditors called and, none compearing, a protection was granted to him till the next session of parliament inclusive in manner following.
Her majesties' high commissioner and the estates of parliament, haveing heard the petition of Patrick Steel, vintner in Edinburgh, shewing unto them that the petitioner, haveing last session of parliament represented to his grace and their lordships that his affairs had run into disorder by his misfortune in being cautioner for persons who proved insolvent by losses at sea, bad debitors, negligent and unfaithful servants and partly by the too great rigour of some of his own creditors, as also, that he had done every thing in his power for their satisfaction in denudeing himself of all his heretable and moveable estate in their favors, and in order to the obtaining a protection from her majesty and the high court of parliament for his person, the petitioner did summond his creditors to compear and adduce what reasons they could why the desire of his petition should not be granted. But they, being convinced that his liberty to look after his business would contribute to their advantadge as well as the petitioners, made no opposition to the indulgence and the honourable estates of parliament were graciously pleased to grant it. But the time of the continuance of this benefite being almost expired, the petitioner is necessitat again to make application to his grace and their lordships, and to shew that he has made no ill use of the favour and compassion that was granted him, he humbly begged leave to represent that since that time he has payed thirteen thousand, six hundred and fifeteen pounds Scots to Whitehill and Craigforth, two of the most preferable of his creditors, and five thousand to others, which not only disburdens his effects of a considerable sum, but shews his willing inclinations to do them all justice. And now seeing its well known that the petitioner's present circumstance has been occasioned more by his misfortune than fault, that his creditors have been already cited, that most of them have consented to a supercedere and that a very few remain peevish and obstinate, therefore, craveing his grace and the honourable estates of parliament to take the premises to consideration and to prorogat his liberty to such a term as their wisdom should think requisite for settling the petitioner's affairs to his and his creditors' satisfaction, as the said petition bears. And her majesties' said commissioner and the estates of parliament, haveing fully considered the said petition and that the petitioner had caused call his creditors in form of law to the effect abovementioned, and that the said creditors, tho this day called in the usual manner, yet failyied to compear and, being therewith, well and ripely advised, they renewed and hereby renew the protection in favors of the petitioner untill the next session of parliament inclusive, but on condition always of his doing justice to Daniel Campbell, merchant in Glasgow, according to the nature of his debt.
[1704/7/149]*[print] [email] [cite] [preceding] [following]
Process [of] George Dundass against his creditors called and, none compearing, a protection to the next session of parliament inclusive was granted to him as follows.
Anent the summonds and action intented and pursued before his grace her majesties' high commissioner and the estates of parliament, at the instance of George Dundass, merchant in Leith, against his creditors aftermentioned, viz. James Forrest, merchant in Leith, Captain James Murray, merchant in Edinburgh, for himself and as tutor for James Edmonstoun, James Shearer, serjant in [...] company in the regiment of guards, Marion Aitkine, relict of Alexander Henderson, Robert Milne, massone, John Cleghorn, present thesaurer of Edinburgh, Mr Robert Blackwood, merchant there, Sir Thomas Moncreif of that ilk, Captain John Broun, skipper in Leith, Adolphus Durehame, merchant there, Robert Muir, merchant there, James Hay, writer in Edinburgh, Sir John Schaw of Greenock, Archbald Hamilton of Haggs, Sir Archbald Stevenson, doctor of medecine, Mistress Anna Edgar, indwellar in Edinburgh, James Anderson, baxter there, James Hamilton of Pencaitland, Captain John Wightman, merchant in Edinburgh, Mr John Spotswood, advocat, Mr James Elphinstoun of Logie, Mr Archbald Grahame, late bishope of the Isles, Alexander Lindsay, merchant in Edinburgh, Janet Mackgill, relict of John Idingtoun, writer in Edinburgh and tutrix for James Idingtoun, her son, Alexander Glen, writer in Edinburgh, Andrew Cockburn, casheer to the African Company, for himself and as representing the directors thereof, Mr George Pitcarn, commissar of Dunkeld and his mother, Mr James Ferguson, advocat, factor for [...] Falconer of Newtoun, John, earl of Lauderdale, Sir John Lauder of Fountainhall, Sir James Murray of Philiphaugh, Sir Robert Dundass of Arniestoun, Sir William Hamilton of Whitelaw, Sir James Falconar of Phesdo, Sir Colin Campbell of Aberuchill, Sir Hugh Dalrymple of Northberwick, lord president of the session, Sir David Home of Crossrig, Sir John Maxwell of Pollock, Sir John Hamilton of Halcraig, Sir Archbald Hope of Rankeillor and Sir William Anstruther of that ilk, senators of the colledge of justice, Mr John Halyburton, advocat, William Boyd of Woodmill, Margaret Fouler, relict of [...] Brand, baxter in the Canongate, Alexander Steuart of Torrence, Mr John Birnie of Broomhill, David Scot of Scotstarbet, Laurence Dunwooddie, merchant in Glasgow, James Crauford of Montquhannie, Christian Dundass, Lady Northbank, Walter Steuart of Pardovan, John Waugh, present dean of gild of Linlithgow, for himself and in name of the gildry there, and John, late archbishop of Glasgow, the which summonds maketh mention that, where by the late act of parliament anent protections, it being ordained that no protection be thereafter granted without citation of the creditors upon fifeteen dayes and inserting their names and designations in the protection. And by a former act of parliament in the year jM vjC and ninety five anent regulating citations before the parliament, it is ordained that summonds and warrands for citations before the parliament shall in time of parliament be granted by a deliverance of parliament upon a bill to be given in by the party containing the matter of the cause or complaint, signed by himself or an advocat for him, and to be subscribed by ane of the six clerks of parliament and presented to the lord chancellor or president of the parliament for the time, or any of the officers of state, that the same may be by them past in course, and shall in the recesses and intervalls of parliament be granted by deliverance of the lords of session upon a summar citation to abide neither continuation nor roll in presentia upon a bill containing presented and subscribed as above and no otherwayes. Which summonds or citations, being granted summonds in her majesties' name, shall be thereon directed in manner mentioned in the said act, and the pursuer being resolved to prosecute a protection against the said creditors in the terms of the said act of parliament and to obtain the same for the reasons following, viz. First, because the most of the distresses that are against the pursuer are not for any debts due by himself but only as cautioner for Bonhard, and yet for his said haill creditors' better security and payment he is content to assigne and dispone to them the sum of twenty five thousand merks due by Bonhard to him, and Bonhard, haveing upon an disposition by him to his creditors of his haill estate, applyed to her majesties' high commissioner and right honourable the estates of parliament for a protection to his person against his creditors, it's humbly conceived that the pursuer, who is cautioner for him, ought also to have a protection for the said debts. Secondly, considering that the said sum of twenty five thousand merks due by Bonhard to the pursuer is all that he has whereby to satisfie them, and the personall execution against him will no wayes contribute towards their speedier payment and his retireing and absconding, for fear thereof, will rather incapacitat him to use that industry and follow such imployments as might happily redound to their mutual advantadge in case he were at liberty to prosecute the same. And therefore, her majesty and the said estates of parliament ought and should grant an protection to the said pursuer's person in the terms of and in manner mentioned in the act of parliament abovespecified, for the reasons and causes foresaid and others, he citeing his haill creditors abovementioned to hear the same granted or object thereagainst in manner and in the terms above and after mentioned, and anent the charge given by massers and messengers at arms to the said haill forenamed persons defenders to have compeared before his grace and the estates of parliament at ane certain day long bygone, to have heard and seen decreet and sentence given and pronunced in the said matter, in manner above and underwritten, as in the said summonds and executions thereof more fully is contained, after elapseing of the diet to which the defenders were cited to compear, the said summonds was called in presence of her majesties' high commissioner and the estates of parliament upon the tenth of January jM vijC and one years, at which time the pursuer, compearing by Mr John Fairholme, advocat, his procurator and the said defenders by Mr James Graham and Mr William Black, advocats, their procurators, the foresaid summonds was appointed to be given out to be seen by the defenders' procurators, and was accordingly given out upon the said tenth day of January and seen and returned by the defenders' procurators upon the seventeenth of the said moneth. Thereafter, the foresaid action, haveing lyen over untill the twenty ninth of June jM vijC and three, there was intimation then made for the pursuer to the defenders' procurators that he was to insist therein, and that they should not pretend ignorance thereof, as an instrument under the hand of Patrick Murray, notar publick, bears. Afterwards, there was a petition to her majesties' high commissioner and the estates of parliament given in for the pursuer, shewing that he the said George, haveing had the misfortune not only of being a creditor of Bonhards for the principal sum of twenty five thousand merks, being the whole stock he had acquired for his own and families subsistence and provisions, but also was still more unfortunat in being cautioner for him in several considerable sums amounting to above fourty thousand pounds Scots. Bonhard being distressed by his creditors, the pursuer was necessitat to retire and abscond and his whole stock is now evicted by arriestments and adjudications and he is rendered uncapable these three years bygone to use that industry and follow such imployments as might any wayes tend to procure a livelyhood to himself and family. In order to procure his liberty, he did humbly mean himself to his grace his late majesties' commissioner and estates of parliament upon the act of parliament jM vjC and ninety eight anent protections, and did cite his creditors to compear before his grace and the honourable estates of parliament to hear and see protection granted to him for his person for such a time as should be thought convenient and that for the following reasons. Primo, because the most of the distresses against him are not for any debt due by himself but only as cautioner for Bonhard, and yet for the pursuer's said creditors their better payment he is content to assigne and dispone to them his rights and adjudications for sums of money either properly due to himself or which he has obtained for his relief. And seeing Bonhard is at present at liberty, the estate being sequestrat in a factor's hand for the behoove of his creditors, it is humbly conceived that the pursuer who is cautioner for him ought also to have protection for his engagements. Secundo, many of the pursuer's creditors, knowing that the twenty five thousand merks due to him is all he has to satisfie them with, and that personal execution against him will no wayes contribute to their speedier payment, but that his retireing and absconding for fear thereof does rather incapacitat him from that industry and imployment which might tend to their mutual advantage (in case the pursuer were at liberty to prosecute the same), did, therefore, consent that his grace and the honourable estates of parliament might grant the pursuer a protection for such a time as they should think fit, as the signed consent lying in process doth testifie. And in regaird that the process being now ready to be advised and that intimation is made thereof by way of instrument to the defenders' advocats and that others of the pursuer's creditors have most unreasonably refused to give their consent, therefore, craveing his grace and the honourable estates of parliament to compassionat the pursuers case and to cause call his foresaid summonds for protection, and to advise the same with the reasons abovementioned in order to grant him a personal liberty for such time and space as his grace and their lordships should think fit, as the said petition bears. Which petition, being upon the twenty third of September, jM vijC and three considered by his grace her majesties' then high commissioner, and the estates foresaid, they appointed all parties concerned to be ready to debate their concern in the above cause the first diet the parliament should be upon privat business. And there being upon the twenty fourth of August instant an intimation for the pursuer again made to the forenamed procurators of his said creditors, that he was to insist in his said action for a protection, as an other instrument under the hand of the said Patrick Murray, notar publick, fully bears, thereafter, the foresaid action and cause was upon the day and date hereof called in presence of her majesties' high commissioner and the estates of parliament foresaid and they, haveing heard the said petition and that the said process at the pursuer's instance against his creditors being publickly called at the great door of the parliament house, in the usual manner, none compeared to object against the desire thereof and, being therewith well and ripely advised, they granted and hereby grant to the said George Dundass, pursuer, ane protection for security of his person against all legal diligences for civil debts due by the pursuer to his creditors abovenamed called in this process, untill the next session of parliament inclusive, declaring that this protection shall not defend against any diligence for warrandice of assignations and dispositions granted by the pursuer to any of his said creditors.
[1704/7/150]*[print] [email] [cite] [preceding] [following]
The account of the tunnage read, whereof, and of the commission's remarks theron, the tenors follow:
By an unprinted act anno jM vjC and ninety five there was sixteen shilling[s] imposed upon each tun of forreigne ships tradeing in this kingdom and four shilling[s] Scots on the tun of each Scots ship above twelve tuns burden.
This imposition commenced the first of August, jM vjC and ninety five, being appointed for carrying on an account of the ancient and present state of this kingdom and a geographical description thereof by Captain Slezer and John Adair, and was to be uplifted by the collectors of the customes who were made lyable for their omissions as well as their intromissions.
Upon the first of September, jM vjC and ninety eight the parliament did by a new act reduce the imposition of sixteen shilling per tunn on forreign ships to eight shilling Scots per tunn for encouragement to those who would export coal, and raised the foresaid imposition to twenty four shilling per tun to be exacted from all other forreign ships arriveing in this kingdom upon the account of any other trade. This new imposition, with the abovementioned four shilling on our own shipping, was continued five years to be applyed for keeping up the three frigots belonging to the government and for maintaining a professor of law at Edinburgh, in so far as there should be an overplus in the tunnage more than what should be found due to John Adair and Captain Slezer.
| Charge of the tunnage upon the collectors from the first of August jM vjC and ninety five to first of August jM vjC and ninety eight | £ | s | d |
| By collections, twenty one thousand, three hundred and thirty nine pounds | £21,339 | - | - |
| Discharge | |||
| For printing presses, types, paper and other charges for promoting the geographical description of this kingdom by John Adair, twelve thousand, eight hundred and fourty pounds | £12,840 | - | - |
| Brought from the other page | £12,840 | - | - |
| To Captain Slezer, four thousand, eight hundred pounds | 4,800 | - | - |
| To Sir Archbald Saintclair and Hugh Broun, three thousand, three hundred pounds | 3,300 | - | - |
| Balance resting by the collectors, three hundred and ninety nine pounds | 399 | - | - |
| [Total] | £21,339 | - | - |
This is the best account the commission can give to the parliament of the tunnage untill the year jM vjC and ninety eight, for tho nothing has been wanting in their part to the makeing up of a more exact charge upon the collectors by considering the report books belonging to the several custome houses and the books of the lights of May island, yet their endeavours have hitherto been unsuccessfull. However, they have good reason to think that if this fond had been rightly managed it had turned to a much better account.
The commission has succeeded no better in their inquiry into the same from the first of February, jM vjC and ninety eight to the first of September, jM vijC and three, only by a modest computation and with respect to the first charge they apprehend that at least the sum of fourty four thousand pounds ought to be charged upon the collectors. But they hoped there will be such measures laid down by Sir Andrew Home, now generall collector of that fond, as will prove effectual for giveing the parliament satisfaction.
They must likewayes represent to the parliament that four of their number did visit Mr Adairs work and told them it was far advanced and deserved encouragement.
[1704/7/151]*[print] [email] [cite] [preceding] [following]
The petition [of] Alexander Nisbet read, and recommended to the commission for any fund can be found for him.
Memorials for Mr Adair and Captain Slezer, with a petition for Sir Robert Sinclair, read and remitted to the commission with preference to their respective interests conform to the act of parliament.
As to the rests and imbazlements of the tunnage, remitted to the commission to assist Sir Andrew Home to make the imposition effectual, and to hear any representations thereanent and recommended to the lords of thesaury and exchequer to roup the same with the burden of his bygone sallaries.
[1704/7/152]*[print] [email] [cite] [preceding] [following]
Act for an imposition on forreign ships in favors of Mr Adair to bear his charge of finishing the maps and descriptions of the sea coasts and islands read, with the foresaid report of the commission concerning the progress made by him. Ordered that in the act there be inserted that he go on to perfect the sea maps in the first place and next the land maps, and that the duty be twelve shilling[s] on the tunn and to indure for five years, and then ordered a first reading to be marked on the act.
[1704/7/153]*[print] [email] [cite] [preceding] [following]
The accounts of the admiralty read, whereof, and of the observations theron, the tenors follow.
| Charge upon the admiralty | £ | s | d |
| 1o. By cash received out of the pole- money and otherwayes, two hundred and thirty seven thousand, five hundred and fifty eight pounds, nine pennies | £237,558 | - | 9 |
| 2o. From Sir Andrew Myretoun per the thesauries precept in Sir George Hamilton's account, fourty eight thousand pounds | 48,000 | - | - |
| [Total] | £285,558 | - | 9 |
| Discharge | |||
| 1o. For provideing ships of war and maintaining the same with other necessaries thereto belonging, two hundred and seventy three thousand, five hundred and fifty eight pounds, nine pennies | £273,558 | - | 9 |
| 2o. Given to Sir Andrew Myretoun, twelve thousand pounds | 12,000 | - | - |
| [Total] | £285,558 | - | 9 |
[1704/7/154]*[print] [email] [cite] [preceding] [following]
Observations on the accounts of the admiralty
1o. That the first article has been considered by a particular account and found fully instructed and applyed for the uses of the admiralty.
2o. That the twelve thousand pounds mentioned in the discharge as given to Sir Andrew Myretoun, he retained the same for advanceing thirty six thousand pounds of the thesaury's precept mentioned in the charge.
3o. That considerable arrears are owing to the seamen, amounting to the sum of eighty four thousand pounds or thereby.
Upon reading whereof, the first observation sustained, the second observation remitted to the commission to inquire thereanent and to report.
[1704/7/155]*[print] [email] [cite] [preceding] [following]
The parliament, haveing heard that part of the report relateing to the false musters which is as follows; That tho the standing forces since the year jM vjC and ninety three were payed as compleat according to the establishments yet, by the check muster rolls subscribed by the magistrats of the places where the musters were made, it is evident that for the space of some years thereafter the several regiments and companys were seldom or never compleat, but deficient in considerable numbers. The commission cannot positively affirm who must be answerable to the parliament for these abuses, the muster master general being then out of the kingdom who they doubted not is able to inform the parliament better of this matter than they can, only, in all humility, they must represent that this deserves the parliament's consideration that a right method may be fallen upon for preventing the like in time comeing. And haveing also heard a petition presented by John Smith offering to discover the said false musters, who, being called, alleadged that Thomas Bruce, general muster master, had received ane hundred pounds sterling and one man of each company of the regiment in the garrison of Innerlochie to get their muster rolls compleatly given in, which he offered to prove by Colonell Forbes and John Forbes, agent to the regiment. And of consent of Mr Bruce, John Forbes was examined and he ordained to produce his books on oath before the commission, and remitted to them to meet to morrow at eight a clock to inspect the articles in the books, and to call the said John Forbes, Colonell Forbes or any other who were officers in that regiment and to state the whole articles relating to this affair, and the manner of probation and by whom, and to report to the parliament.
[1704/7/156]*[print] [email] [cite] [preceding] [following]
Petition [of] the earl of Marchmont, craveing a ratification of a charter in his favors to be past, read.
Remitted to the commission to inquire how far Kilmaronock and his partners were lesed in their tack of the excise and to report.
[1704/7/157]*[print] [email] [cite] [preceding] [following]
Account of the arrears due to the army for clearings and cloathing money from the first of November, jM vjC and eighty nine to the first of December, jM vijC, read, which, with the observations thereon made by the commission of parliament, are as follows.
| £ | s | d | |
| Resting to the army from the first of November, jM vjC and eighty nine to the first of February, jM vjC and ninety one, three hundred and seventy four thousand, four hundred and seventy seven pounds, fifeteen shilling and nine pennies | £374,477 | 15 | 9 |
| From the first of February, jM vjC and ninety one to the first of February, jM vjC and ninety three, one hundred and seven thousand, eight hundred and twenty eight pounds, seventeen shilling | 107,828 | 17 | - |
| From the first of February, jM vjC and ninety three to the first of January, jM vjC and ninety eight, one hundred and seventy one thousand, three hundred and twenty four pounds, two shilling | 171,324 | 2 | - |
| From the first of January to the first of July, jM vjC and ninety eight, fourty five thousand five hundred and ten pounds, nine shillings | 45,510 | 9 | - |
| From the first of July, jM vjC and ninety eight to the first of December, jM vijC, six hundred and thirty seven thousand, one hundred and thirty two pounds, two shilling | 637,132 | 2 | - |
| [Total] | £1,336,273 | 5 | 9 |
[1704/7/158]*[print] [email] [cite] [preceding] [following]
Observations upon the arrears due to the army
1o. That if the forces had been payed according to their numbers, as they were mustered, a far less sum had been resting to them.
2o. That the establishments were increased from time to time and no wayes proportionable to the funds appointed by the parliament.
3o. That the deficiencies, allowances and abatements in the tack duties of excise gave occasion to the above mentioned arrears.
Overture for an act anent the misapplying the funds, read.
[1704/7/159]*[print] [email] [cite] [preceding] [following]
Account of what is resting to the publick of the cess, excise, hearthmoney, polemoney and tunnage since the year jM vjC and eighty nine to jM vijC and one, read, which is as follows:
| £ | s | d | |
| Rests of cess and excise as per the commission's observations on the second account, seventy eight thousand, one hundred and ninety two pounds | £78,192 | - | - |
| By the fractions of the cess omitted in the second account, four hundred pounds | 400 | - | - |
| By the rests of cess and excise as per the discharge of the fourth account, fourty nine thousand, four hundred and fourty seven pounds | 49,447 | - | - |
| By Sir Thomas Moncrief to account of the civil list, threty three thousand, one hundred and twenty eight pounds, ten shilling | 33,128 | 10 | - |
| By Sir Thomas Kennedy of his tack duty of excise, twenty two thousand, four hundred and sixty four pounds | 22,464 | - | - |
| By Broomhall as the balance of the fifth account, fifeteen thousand one hundred and fourty pounds, eight shilling | 15,140 | 8 | - |
| By the duke of Queensberries bonds, fourty-two thousand, one hundred and fourty four pounds | 42,144 | - | - |
| By the late duke of Argyll's bond, nine thousand, four hundred and thirty seven pounds, four shilling | 9,437 | 4 | - |
| By Colonell Hamilton's bond, five hundred and eighty eight pounds | 588 | - | - |
| By the fractions of cess omitted in the sixth account, one thousand and three hundred pounds, six shilling | 1,300 | 6 | - |
| By rests of cess and excise not carried to any subsequent account as per the observation on the seventh account, twenty thousand, one hundred and four pounds, five shilling | 20,104 | 5 | - |
| £272,345 | 13 | - | |
| Brought forward from other page | £272,345 | 13 | - |
| By fractions of cess omitted in the seventh account, two thousand four hundred pounds | 2,400 | - | - |
| By baillie Meinzies and Captain Wood of their tack duty of excise, three hundred and fourty eight thousand pounds | 348,000 | - | - |
| By the fractions of cess omitted in the eight account, one thousand, eight hundred and fourty six pounds | 1,846 | - | - |
| By the collectors of the pole jM vjC and ninety three, fifty five thousand, six hundred and seventy pounds, sixteen shilling | 55,670 | 16 | - |
| By Jerviswood of the pole jM vjC and ninety three, four thousand, three hundred and fifty pounds, sixteen shilling | 4,350 | 16 | - |
| By the tacksmen and partners of the pole jM vjC and ninety five untill four articles of their accounts be instructed, twenty six thousand, three hundred and seventy six pounds | 26,376 | - | - |
| By the tacksmen of the pole jM vjC and ninety eight, thirty eight thousand and seventy seven pounds, four shilling | 38,077 | 4 | - |
| [Total] | £749,066 | 9 | - |
Besides these debts owing to the publick there will be considerable sums resting out of the hearth money and tunnage, these funds not being brought as yet to any distinct charge.
[1704/7/160]*[print] [email] [cite] [preceding] [following]
Upon reading of which account, the first three articles remitted to the commission to inquire if these that were receivers at that time received these balances, and the lords of thesaury ordered to raise processes against the deficients. The fourth article with the abbreviat given in for exhausting the same, remitted to the commission. The fifth article, remitted to the commission. As to the payment of the sums in the duke of Queensberrie's and late duke of Argyl's bonds, remitted to the commission to hear their defences, and to divide amongst the officers who had right to these funds out of which these sums were borrowed what shall be found due. As to Colonel Hamilton's bond, the contents thereof cleared formerly. As to all the fractions of cess omitted, the quota to be keeped up and the collectors lyable, and what is omitted in general, remitted to the commission to inquire thereanent and to report.
The parliament declared they would consider Sir William Meinzies's petition next sederunt.
[1704/7/161]*[print] [email] [cite] [preceding] [following]
Moved that inquiry be made anent the arrears of the tack duty of the Lord Belhaven's tack in the terms of the deliverance of parliament thereanent in his favors, and the question being stated, whither to remit the same to be determined by the lords of exchequer or to the commission of parliament to make inquiry and report against the next session of parliament, and carried remit to the commission.
The lord chancellour, by order of the lord high commissioner, adjourned the parliament till to morrow at ten a clock.