[1704/7/162]*[print] [email] [cite] [preceding] [following]
Prayers said. Rolls called.
Minuts of the last sederunt read.
The process [of] the laird of Clackmannan against his creditors being called and none of them compearing, protection was granted to him to the next session of parliament inclusive, in manner following.
Anent the summonds and action raised and pursued before the high court of parliament at the instance of David Bruce of Clackmannan against his creditors afternamed, viz. Mr Alexander Campbell, minister of the Gospell at Inverara, as representing the deceased James Edmonstoun, merchant in Edinburgh, Mr Thomas Learmonth, advocat, Margaret Williamson, only lawful daughter and heir to the deceased James Williamson, only lawful son and heir to the deceased John Williamson of Barnhill, Charles Milne, writer to the signet, lawful son to Robert Milne of Balfarg, as representing the deceased Walter Weir, merchant in Edinburgh, [...] Murrays, lawful children to umquhile Mr Patrick Murray, minister at Stirling, William Row, eldest lawful son to umquhile James Row of Chesters, [...] Murray of Poltoun, as representing the deceased John Johnstoun, lately ane of the baillies of Edinburgh, his father in law, William Angus in Bruntisland, as representing the deceased Patrick Angus there, James Ged, skipper there, as representing the deceased Patrick Ged there, William Robertson, merchant in Edinburgh, John, earl of Mar, Sir John Shaw of Greenock, [...] Lundie of Glaswell, Agnes Simpson, relict of George Bervie, maltman in Kirkcaldie, George Bervie, their son, and Agnes Bervie, relict of the deceased Henry Boiswell, late provost of Kirkcaldie, as representing the said umquhile Henry Boiswell, Andrew Mitchell in Easter Gellets, as heir and representing the deceased Andrew Mitchell, his father, John Watson of Dunikeir, James Campbell of Gargunnock, James Kennoway in Kinross, Alexander Dick, baxter and as thesaurer of the Queensferry, James Moodie in Long Carss of Alloway, as representing umquhile Robert Miller there, William Burd, present thesaurer for the gildry of Stirling, William Aitkine, present master to Cowan's hospitall there, William Murray, present master to Spittell's hospital there, Patrick Stevenson, present thesaurer to the kirk session there, Cristopher Russell, son and apparent heir to umquhile Robert Russell, late provost there, James Campbell of Dollar and Issobel Moreis, his spouse, Margaret Edie, spouse to John Cowie, merchant in Dumfermling, and the said John for his interest, Elizabeth Edie, spouse to David Edie, present thesaurer there, and the said David for his interest as representing the deceased Henry Innes, weaver there, Issobel Bennet, relict of the deceased William Coustoun of Barhill, Sarah Wilson, lawful daughter to William Wilson at the walkmill of Crombie, John Smeitoun, son to umquhile Thomas Smeiton in Alloway, as representing James Mitchell in Alloway, Mr Robert Wright there,† John Andersons elder and younger in Wester Gellets, John Morison, baxter in Alloway, as representative to [...] Steven there, Robert Ferguson, servitor to the earl of Mar, as representing Daniel Ferguson, taylor there, John Kirk, thesaurer to the kirk session there, William Henderson as representing umquhile Thomas Henderson of Whitehill, John Dempster in tounhead of Alloway, as representing umquhile James Dempster there, John Scotland in Wester Saline, as representing umquhile Robert Gib and Margaret Gib, his daughter there, Charles Keirie of Gogar, for himself and as representing Mr Robert Bruce of Woodside and his sisters, William Galloway, wright in Edinburgh, as heir to umquhile William Galloway in Jellium in Alloway, John Callendar, collector or surveyer in Borroustounness, Elspeth Spouart, relict of John Sawers in Alloway and John Sawers, her son, as representing umquhile Margaret Steven, her mother there, John Anderson in Kincardine, as representing James Anderson there, Margaret Richardson, relict of umquhile Colin Oliphant in Bruntisland, and [...] Oliphant, her daughter, Beatrix Ged, relict of James Bruce, messenger there, David White in Clackmannan, Walter Rob in Balwhairn, Sir William Bruce of Stainhouse,† John Wordie of Torbrex, David Douglass, son to umquhile Hary Douglass in the Gellets, George Currie in Primescoss, James Huttoun in Corsfoord, as representing the said umquhile Hary Douglass, John Masson in Alloway and Issobell Fothringham, his spouse, Thomas Scotland in Wester Dollarbeg, Captain John Bruce in Clackmannan, Lieutenant Hary Bruce in Sauchie, Mr Charles Bennet in Easter Livielands, son to umquhile Mr George Bennet, minister at Saint Mineans, Robert Scotland in Clackmannan, Kathrine Bruce, daughter to umquhile John Bruce, merchant at Dundie, John Robertson, son to umquhile Mr John Robertson, late baillie of Hadingtoun, as representing the deceased John Robertson, writer in Edinburgh, Sir James Justice, one of the principal clerks of council and session, as representing baillie [...] Justice, James Baird, writer to the signet, as representing John Anderson, writer there, Mr John Meinzies of Cambo, advocat, for himself and as representing William Reid, merchant in Edinburgh, William Bennet, younger of Grubbet and [...] Hay his lady, as representing Sir David Hay, doctor of medecine, Alexander Drummond, writer in Edinburgh, as representing the deceased Mr Alexander Drummond, writer in Edinburgh, his father, William Broun of Dalgourie, lawfull son to and as representing Mr James Broun, Archbald Sydeserf, now of Ruchlaw, lawfull son to Archbald Sydeserf of Ruchlaw, James Lafriese, writer in Edinburgh, as representing the deceased Mr James Caithness, writer in Edinburgh, his father in law, Walter Young, merchant in Edinburgh, James Guthrie, merchant in Edinburgh, Mr Thomas Rig, writer in Edinburgh,† William Patoun of Panholls, writer to the signet, for himself and as representing the heirs of Alexander Gay, late depute toun clerk of Edinburgh, Doctor Alexander Broun, as representing the deceased James Kello, writer there, Sir Robert Sinclair of Longformacus, Gilbert Fyfe, merchant in Edinburgh, Mistress Kathrine Binning, relict of and as representing umquhile [...] Scot of Bavilaw, Mr George Douglass, eldest lawful son to umquhile Henry Douglass, writer in Edinburgh, his father, Patrick Williamson, vintner in Edinburgh, as representing the deceased Thomas Littlejohn, taylor there, Margaret Gib, relict of umquhile Mr George Jolly, merchant in Edinburgh, Thomas Mackbrayer, indwellar in the abbay of Holyrudehouse, Jean and Margaret Mackbrayers, children to the said Thomas, as representing umquhile James Gib, merchant and vintner in the Canongate, Gilbert Kirktoun, writer in Edinburgh, [...] Ker of Moristoun, John Kennedy, apothecary in Edinburgh, as representing the heirs of William Ramsay, indweller there, Agnes Williamson, spouse to Alexander Coustoun, putherer there, Captain John Bruce,† Margaret Henderson, relict of David Hodge, indweller in Leith, Agnes Law, daughter to umquhile [...] Law, goldsmith in Edinburgh, and as heir to her said umquhile father Mr George Shaw, advocat, John, viscount of Stair, Mr William Dalrymple of Glenmure, Mr Roderick Mackenzie of Prestounhall, Mr John Buchannan, writer in Edinburgh, and Christian Wright, his spouse, Mary Craigingilt, relict of Mr Robert Wright, minister at Clackmannan, Mary Wright, relict of James Bruce, merchant in Alloway, Patrick Pitcairn, younger of Pitlouer as representing the heirs of Archbald Wilson, late baillie in South Queensferry, William Bruce of Newtoun, Alexander Bruce, his son, Alexander Inglis, merchant in Edinburgh, Charles Craigingelt of Woodside, David Bruce, apothecary in Edinburgh, Gavin Hamilton, one of the depute clerks of council and session, Patrick Blair, writer in Edinburgh, Robert Boyd, writer there, John Wright of Kersey, Rebecca Pringle, spouse to Reuben Mackreuben, periwigmaker in Edinburgh, and him for his interest as representing David Pringle, chirurgeon there, Sir Andrew Ramsay of Wauchtoun, Mr David Blair, minister of the gospel at Edinburgh, and John Blair, writer there, his brother german, as representing the relict of Mr Robert Blair, late minister at Saint Andrews, Alexander Gray, merchant in Edinburgh, as representing Alexander Cruickshanks, merchant there, John Edgar, lawful son to umquhile Thomas Edgar, chirurgeon there, as representing his said umquhile father, George Suttie, lawful son to umquhill James Suttie, merchant in Edinburgh, as representing umquhile Mr George Suttie and [...] Sutties, his children, Alexander Aikenhead, writer to the signet, David Plenderleith, writer there, George Lockhart of Carnwath, as representing umquhile Sir George Lockhart of Carnwath, his father, Kathrine Hamilton, relict of umquhile Mr Alexander Dunbar, writer to the signet, and Ronald Dunbar, his son, as representing the deceased Mr James Dunbar, minister of the gospell, William Murray of Haldan, Sir James Macklurg, late dean of gild of Edinburgh, Lieutenant Colonell James Bruce of Kennet, Alexander Milne of Carriden, Sir Robert Milne of Barntoun, Mr George Campbell, merchant in Edinburgh, William Eccles, doctor of medecine, Francis Bruce, writer in Edinburgh, John Sharp of Hoddam, [...] Murray of Melgum, as representing Alexander Murray of Prestounfield, Sir James Hall of Dunglass, as representing Sir John Hall of Dunglass, his umquhile father, [...] Patoun, son to umquhile William Patoun, late baillie of Edinburgh, as representing the deceased Archbald Patoun, merchant there, and his spouse, and against the tutors and curators of such of the forenamed persons as are minors, if they any have, for their interests. The which summonds maketh mention that where it hath been the pursuer's misfortune to have lost his estate and become insolvent, partly through his haveing unadvisedly entered himself heir to his father, believeing his debts far within the value of his estate the pursuer's father left him, by which mistake the pursuer continued to bestow very considerable sums of money for fitting out and putting in good condition the coals of Clackmannan and Sauchie which, though at the beginning they did not answer the pursuer's expectation, yet is now found to be most beneficial to his creditors. Secundo, as soon as the pursuer knew his insolvency he disponed his whole estate to his creditors and they or their factor have ever since been in possession thereof. Tertio, the pursuer has obtained consent from the most considerable of his creditors and onely some few out of humour do persist to execute legal diligence against him, to no other effect possible but to vex him and ruin his person after he has divested himself of all his estate for their satisfaction and, in that case, the allowing the pursuer a freedom for his person is most consistant with law. And anent the charge given to the said haill defenders and the tutors and curators of such of them as are minors, if they any have, for their interests, to have compeared before the said estates of parliament at a certain day now bygone to have answered at the pursuer's instance if they have just cause to alleadge why the pursuer should not have the benefite of a protection from the rigour of his said creditors for such time as should be thought requisite, with certification if they failyied protection would be granted to him in manner foresaid, as in the said summonds and executions thereof is more fully expressed. The said pursuer compearing by Sir John Erskine, advocat, his procurator, and there being no compearance for the defenders, the foresaid summonds and executions thereof, with the absence of the defenders, being at length heard, seen and considered by her majesties' high commissioner and the estates of parliament, and they being therewith well and ripely advised, our sovereign lady, with advice and consent of the said estates of parliament, has given and hereby gives protection to the pursuer from personal diligence for civil debts untill the next session of parliament inclusive, because, after elapseing of the diets of compearance to which the said defenders and the tutors and curators of such of them as are minors were lawfully cited by several messengers at arms by vertue of the said summonds to have compeared before the said estates, to the effect and with certification as is aboveexpressed, the samen summonds was on the second of August, jM vijC and three and, thereafter, also on the nineteenth day of Jully last bypast called in the usual manner by a masser at the patent gate of the parliament house, after the opening thereof and before the sitting of the parliament where the pursuer compeared by his procurator abovenamed, but the defenders failyied to compear, as said is, and the said summonds and action, being this day again called in the accustomed manner, and none of the defenders compearing, therefore, and upon adviseing the whole process protection was granted to the pursuer in manner and endureing the time abovewritten.
[1704/7/163]*[print] [email] [cite] [preceding] [following]
The ratification in favors of the earl of Marchmont of his charter, past, of which ratification the tenor follows.
Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter past and expede under her majesties' great seal of this kingdom of the date at Saint James's, the last day of January, jM vijC and four years, granted by her majesty, with consent of the lords and others commissioners of her thesaury and exchequer for the time, to and in favors of Patrick, earl of Marchmont in liferent and to Patrick, lord Polwarth, his eldest lawful son, and the heirs male to be procreat of his body, which failyieing to the heirs male of the said Patrick, earl of Marchmont of his marriage with the deceased Dame Grissell Ker, which failyieing to the said earl his nearest lawful heirs male whatsoever, which also failyieing to his nearest lawful heirs female, the eldest succeeding alwayes, without division, which also failyieing to his nearest lawful heirs and assigneyes whatsoever, heretably and irredeemably, with and under the express provisions and conditions therein and aftermentioned. Of all and haill the lands, mills, millands, baronies, teinds, parsonage and viccarage, rights of patronage and others particularly underwritten, viz. All and haill the half of all and haill the lands of Polwarth, to wit the half of the toun of Polwarth and mill thereof called the mill of Reidbraes, containing the West Maines of Polwarth called Reidbraes, with mannor place, houses, biggings, yeards, orchyeards, parts, pendicles, annexis, connexis, tenents, tenandries, service of free tenents, with all their pertinents, lying within the sherifdom of Berwick, formerly united in one haill barony called the barony of Reidbraes. All and haill the other half of the said lands of Polwarth, called the East half thereof, with mannor place, corn mill, dovecoat and pertinents thereof, and the advocation, donation and right of patronage of the paroch kirk of Polwarth and all priviledges and pertinents belonging thereto, lying within the said sherifdom of Berwick, formerly conquest and acquired by the deceased Sir Patrick Home of Polwarth, knight and baronet, from umquhile Sir David Home of Wedderburn, and lately disponed by George Home, now of Wedderburn, in favors of the said Patrick, earl of Marchmont, then designed Sir Patrick Home of Polwarth. [Also,] all and haill the lands of Hardens, above and below the water thereof, the lands of Ferrieswalls, with parts, pendicles and pertinents thereof; [and] all and haill the lands of Birgemshiells, extending to thirty merk land, with parts, pendicles, annexis, connexis and pertinents of the same whatsoever. And sicklike, all and haill four husband lands of Easterlaws of Whitsome, with annexis, connexis and pertinents thereof, all lying in the said sherifdom of Berwick. All and haill two husband lands in the toun and territory of Graden, with the pertinents, called Bankhead, lying within the said sherifdom; and all and haill the lands of Haitshaw, with parts, pendicles and pertinents of the same, lying within the bailliary of Lauderdale and sherifdom foresaid. All and haill the lands of Vigorushaugh, with the fishings thereof upon the waters of Tweed and Teviot, the lands of Bradyeards, with the dovecoat thereof, the lands of Horsemercat, together with a husband land in the toun of Cesfoord, with all and sundry parts, pendicles, annexis, connexis, tenents, tenandries, service of free tenents and all their pertinents, lying within the sherifdom of Roxburgh, all formerly united and incorporated in ane haill and free barony called the barony of Polwarth, whereof the toun of Polwarth is ordained to be the principal burgh and is erected in a free burgh of barony, with all liberties, immunities, commodities and casualities of a burgh of barony, with free power to the said earl and his foresaids of choseing and creating yearly baillies, clerks and officers for governing the said burgh and of keeping thereat a weekly mercat every Tuesday, and two yearly fairs, one upon the twenty fourth day of August and the other on the thirteenth day of January, conform to a charter thereof under the great seal dated the twenty fifth day of June, one thousand, six hundred and sixty nine. And sicklike, all and haill the lands of Greenlaw Reidpeth, with touer, fortalice, mannor place, houses, biggings, common muir, mills, multures, annexis, connexis, parts, pendicles and pertinents of the same; the lands of Broomhill Blassenbraid, with the pertinents; the lands of Greenlaw dean, with mannor place, mills, millands and astricted multures thereof; the lands of Polkhaugh Blassenbraid, alias Blassenberrie, with the pertinents; the lands of Eastfield, Whiteside, Tonendrie, Marksworth and Claydub, with the pertinents; the Mains of Greenlaw and kirklands thereof; the toun and burgh of Greenlaw, with the teind shaves thereof included, all united and erected in one free barony called the barony of Greenlaw Reidpeth, with all and sundry priviledges, liberties and immunities whatsoever granted by his deceased majesty and his predecessors in favors of umquhile Sir George Home of Spot, or any of the predecessors or authors of the said Patrick earl of Marchmont, and fully expressed in the charters and other rights thereof, and specially with full power and liberty of holding a weekly mercat in the said burgh and toun of Greenlaw every Thursday, and two yearly free fairs, one thereof to begin yearly on the first Thursday of June and to continue two dayes and the other to begin the last Thursday of October and to indure the like space, with all and sundry liberties, priviledges, immunities, tolls, customes, emoluments, casualities, profites and duties of the said weekly mercat and yearly fairs, and with the advocation, donation and right of patronage of the paroch kirk and parochine of Greenlaw, as well parsonage as viccarage. And also, all and haill these two husband lands in Elvotlaw and two cottage lands in Greenlaw, with all and sundry houses, biggings, yeards, parts, pendicles and pertinents of the same, all lying within the said sherifdom of Berwick, which husband lands and two cottage lands immediatly abovementioned are united and annexed to the said barony of Greenlaw Reidpeth. All and haill ane husband land lying in the toun and territory of Beinstoun, with houses, yeards and pertinents, lying in the constabulary of Haddingtoun and sherifdom of Edinburgh, formerly possessed by Thomas Angus of Haprig, and further of all and haill the lands of Rowanstoun, with houses, biggings, yeards, orchyeards, tofts, crofts, parts, pendicles and pertinents thereof, tenents, tenandries and service of free tenents of the same, lying within the parochine of Greenlaw and sherifdom of Berwick foresaid.
Which charter proceeds on the resignations of the said Patrick, earl of Marchmont and Patrick, lord Polwarth respective, with and under the said provisions and conditions afterspecified, viz. Provideing that the said Patrick, lord Polwarth and the rest of the heirs male and substitutes succeeding to the said lands and estate, by vertue of the tailyie abovementioned, shall be bound, holden and oblidged to name and designe themselves by the sirname of Hume only, and to bear the arms and armorial coat of the family of Marchmont, and also, that if it shall happen (by the failour of heirs male) the foresaid female heirs to succeed by vertue of the abovewritten tailyie to the lands and estate abovementioned, in that case the female heir so succeeding shall be bound and oblidged to be married to a nobleman or gentleman of the sirname of Hume, or who, with his heirs that shall succeed to the said lands and estate by vertue of the said tailyie shall assume the said surname and bear the arms of the said familie of Marchmont. And sicklike, provideing that it shall not be lawful to the said Patrick, lord Polwarth nor others the heirs of tailyie abovewritten, or any of them, to do directly or indirectly any fact or deed to frustrat, break, innovat or change the said tailyie in order of succession, and with the provisions and conditions above expressed. And if it shall happen the said Patrick, lord Polwarth, or any of the heirs of tailyie abovespecified, to faill in the exact and punctual performance of the forsaid conditions, or to do directly or indirectly any fact or deed contraveening the same, in that case and upon every such event the contraveener shall by so doing loose his right to the said estate and the same shall devolve, accresce and pertain to the next immediat heir of tailyie under the provisions and conditions abovexpressed and that simply by way of exception without any declarator, to which next immediat heir it shall be lawfull to cognosce and serve himself heir in special, either to the contraveener or his immediat predecessor who died last infeft, and thereupon to obtain himself duely and lawfully infeft and seased in the said lands and estate, without being any wayes lyable to the debts or deeds of the contraveener. And lastly, provideing that it shall be leisum and lawful to the said Patrick, earl of Marchmont himself to sell and dispone [of] the said lands and estate and to contract and take on debts upon the same, and to grant, as he pleases, rights and securities for the same, without consent of his said son or any others the heirs of tailyie abovewritten, sicklike as if he were absolute fiar thereof, altho the same be provided to his said eldest son and the heirs of tailyie abovespecified. By which charter her majesty, with consent foresaid, disjoins the haill lands, baronies, mills, mill lands, teinds, rights of patronage and others foresaid, with the pertinents, from all and whatsoever lordships, baronies, regalities and other jurisdictions whatsoever to which the same were formerly united, and of new unites, erects and incorporats the same in one haill and free lordship and regality, with chappell and chancellary, to be called now and in all time comeing the lordship and regality of Marchmont, with full right, priviledge and jurisdiction of chapple and chancellary, and sicklike of justiciary within the haill bounds of the said united regality. And [also] makes and constitutes the said Patrick, earl of Marchmont, dureing his life, and the said Patrick, lord Polwarth and the heirs male and of tailyie abovespecified, under the conditions and provisions above expressed, heretable lords of the said lordship and regality, giveing and disponing to them the foresaid regality and jurisdiction, with free chappell and chancellary, right and priviledge of justiciary, and all and sundry priviledges, immunities, casualities, honors, dignities, emoluments and liberties whatsoever pertaining thereto, to be possessed and enjoyed by them, sicklike and as freely in all respects as any other lord of regality within this kingdom possesses or enjoyes, or can possess and enjoy, by vertue of the laws and constitutions thereof, with power and commission to them, by themselves and their baillies and deputes, to hold, fence and continue courts of regality within the bounds thereof, or any part thereof, for administration of justice and to creat and elect all members of court, and to emit and direct in their own names as heretable baillies of the said regality, all citations, precepts, brieves, edicts and proclamations and others for serveing heirs and administration of justice in all causes civil and criminal. And with power to them and their baillies depute, substitute and clerks (and no others) to give infeftment by vertue of precepts furth of the chancellary upon the said services and retours, and also, with power to them to conveen before them all delinquents and transgressors within the said regality and to incarcerat, fine and adjudge them, and to uplift and apply to their own use the amerciaments, forefeitures, eschets, fines and bloodwites of the said transgressors and delinquents, and sicklike, to repledge all and whatsoever persons dwelling and resideing within the said regality from all other courts and jurisdictions to which they shall be cited, and to administer justice in all causes civil and criminal (the crime of lese majesty only excepted) and to cause lawfully execute their sentences, and to uplift, assigne and dispone the liferent, escheats and forfeitures of all persons who shall be guilty within the said regality of the crimes foresaid, or any of them or who shall happen to be denunced rebells, which liferent, escheats and forefeitures are, by the said charter, given and disponed to the said earl dureing his life and to his said son and their foresaids for ever. By which charter also the toun and burgh of Greenlaw is ordained to be the head burgh of the said regality in all time comeing and is thereby erected in a free burgh of regality and all proclamations, denunciations and executions of hornings, inhibitions, appriseings, publications and interdictions, breives and others within the said regality are ordained to be execute at the mercat cross of the said burgh, and all services of breives, registrations of hornings, inhibitions, publications and interdictions, and others within the samen regality, are ordained to be done and performed at the said burgh as the principal and head burgh of the said regality in all time comeing. And her majesty does thereby give and commit to the said earl, dureing his life and after his decease to his said son and the heirs abovespecified, of electing and nameing yearly magistrats, clerks, serjands, officers and other members necessary for government of the said burgh, and of makeing and creating within the same free burgesses, with power to sell, buy and trade in wine, wax, salt, cloath and all other merchandice and commodities whatsoever, and of haveing there all sorts of mechanicks and tradesmen, and of keeping two new yearly fairs, one upon the first Thursday of June and the other on the last Thursday of October, each of them to continue two dayes, with the tolls, customes, priviledges and immunities thereof, besides the other two fairs formerly allowed to be holden there. And her majesty does furder, by the said charter, decern and ordain the castle of Reidbraes to be the principal messuage of the barony of Reidbraes, and one sasine to be taken thereat by delivery of earth and stone to be sufficient for the said haill barony, and one seasine so to be taken at the mercat cross of the toun of Polworth to be sufficient for the said haill burgh and barony of Polworth, and one seasine so to be taken at the said castle of Greenlaw to be sufficient for the said haill barony of Greenlaw. And the said husband land lying in the said territory of Beinstoun and for the said lands of Rowanstoun, with the pertinents, which husband land in Beinstoun and lands of Rowanstoun, with the pertinents, are thereby united and annexed to the said barony of Greenlaw for ever and ane seasine to be taken at the mercat cross of Greenlaw to be good and sufficient for the said haill regality, comprehending the haill lands, baronies, teinds, mills, milllands, rights of patronage, office of bailliary of the said regality, with all and sundry priviledges pertaining thereto, notwithstanding the same ly discontigue. Which haill lands, baronies, teinds, mills, milllands, rights of patronage and others particularly abovewritten, all lying and designed in manner above expressed, and all now united and erected in an haill and free regality called the barony of Marchmont, are by the said charter of new given and disponed to the said Patrick, earl of Marchmont, in liferent and to the said Patrick, lord Polwarth and their foresaids under and with the provisions and conditions above expressed, heretably and irredeemably to be holden of her majestie and her successors in fee and heretadge for ever for yearly payment of taxtward, blench and few duties respective mentioned in the said charter. And her majesty, with advice and consent of the said estates of parliament, ratifies, approves and perpetually confirms the precept of seasine contained in the said charter and the instrument of seasine following or competent to follow thereon, in the haill heads, articles and causes of the said charter, precept and seasine after the form and tenor thereof, and wills and grants and, for her majesty and her royal successors, statutes and ordains that the same shall be conform to the tenors of the same good, valid and sufficient rights to the said Patrick, earl of Marchmont and Patrick, lord Polwarth and their foresaids for bruicking and enjoying in all time comeing, without stop or impediment, the foresaid new erected regality comprehending the particular lands, baronies and others abovementioned in liferent and fie, as is above expressed, and declares that the samen charter, precept and seasine shall never in time comeing be quarrelled by her majesty or her successors, and that this present ratification is and shall be of as great force, strength and effect to all intents as if every word of the foresaid charter and precept and seasine hereby ratified were insert herein, with the not inserting whereof and with all other objections and imperfections that may be alleadged against the same, or this present ratification of the same, her majesty, with consent foresaid, dispensed and hereby dispenses for ever.
[1704/7/164]*[print] [email] [cite] [preceding] [following]
The act for the imposition on all forreign ships, read the second time and, after several amendments made thereon, it was put to the vote, approve or not, and carried approve, and touched with the scepter by her majesties' high commissioner in the usual manner, of which act the tenor follows.
Our sovereign lady, with advice and consent of the estates of parliament, statutes and ordains that as a fund for compleating the sea and land maps and other ends aftermentioned, twelve shilling Scots be exacted for ilk voyage of every tunn of all ships and vessells not belonging to persons resideing in Scotland that shall come in to any port or road within this kingdom and shall there load, unload or break bulk above one hundred pounds Scots value for provisions, to be payed in to the collectors of her majesties' customes and applyed, at the sight of the lords of thesaury, for paying such sums as shall be found resting to John Adair, geographer, for such maps as are already compleated, and for defraying his expences and for his pains in finishing the maps and descriptions of the haill sea coast and islands of this kingdome, and then for finishing the land maps, in the first place, and for paying of the yearly sallary of twelve hundred pounds due to the judge of the admiralty in the second place, and the superplus (if any be) to the payment of one thousand, eight hundred pounds yearly to Mr Alexander Cunninghame, professor of the civil law, and to Captain John Slezer, for the ends mentioned in the eighteenth act, seventh session of King William's parliament entituled, an act anent the tunnage, and in the last place to Mr Alexander Nisbet to enable him to publish his Treatise of Herauldry. And her majesty, with advice and consent foresaid, ordains this imposition to commence from the first of September this present year, and to endure and be uplifted for the space of five years thereafter by the collectors of her majesties' customes at the several ports for the space foresaid who, with their cautioners, are hereby declared lyable for the said imposition in so far as the same shall not be faithfully and punctually uplifted and payed in by them. And moreover, ordains the said collectors and their deputes to enter the names of the masters' ships and burden in the report books of the several custome offices, and give the said John Adair subscribed lists thereof as the ground of their charge every year, and appoints the same execution against all persons lyable in payment as is usual for the queen's customes. And finally, her majesty, with advice and consent foresaid, grants full power and warrand to the lords commissioners of her majesties' thesaury to let in tack the foresaid duty of tunnage at any time dureing the space foresaid, with power to the tacksmen to appoint collectors of their own nameing or to make use of the collectors of the customes as they shall think fit, the said collectors and their cautioners being alwayes bound as above.
[1704/7/165]*[print] [email] [cite] [preceding] [following]
The parliament, haveing heard the report of the commission to whom it was remitted to inquire further into the complaint given in by John Smith against the general muster master, and they being both present, John Smith craved that John Forbes, agent to Colonel Hill's regiment then in the garrison of Innerlochie, might be examined on the interrogators given in by him, who being called, was examined. And thereafter, the further inquiry in this whole affair, both in that regiment and all the other regiments since the time the general muster master got his commission, and all the muster masters deputes and agents for the regiments since the revolution, remitted to the commission, with power to them to call and examine witnesses and, likewayes, to call for papers, writs and documents for clearing this whole matter and to report next session of parliament.
Petitions [of] Lieutenant James Smith in the garrison of the castle of Edinburgh and Cornet Henry Montgomery, who served in the late earl of Eglintoun's troop of light horse, craveing arrears due to them, read and remitted to the commission.
[1704/7/166]*[print] [email] [cite] [preceding] [following]
Act anent the misapplying the publick funds, read and a first reading ordered to be marked thereon and to be printed.
Act for arming the country, read and a first reading ordered to be marked thereon and to be printed.
[1704/7/167]*[print] [email] [cite] [preceding] [following]
The parliament proceeded to take the affair of the plot into consideration. It was moved that since there is no sufficient documents but only copies of papers produced, her majesty be addressed to send to the next session of parliament the principal papers relating thereto, and it was resolved, nemine contradicente, that there be a draught of an address brought in, from the parliament to the queen, to lay before the next session of parliament all the principal papers relating to the plot and to send the evidences, persons and witnesses to appear at the next session of parliament.
The lord chancellour, by order of the lord high commissioner, adjourned the parliament till Munday next at ten a clock.