[1705/6/174]*[print] [email] [cite] [preceding] [following]
Prayers said. Rolls called.
Minuts of the last sederunt read.
The article of the report of the commission for publick accounts relateing to the Lord Belhaven's tack of excise from September, jM vjC and ninety five to March, jM vjC and ninety seven, read. [The] petition for the Lord Belhaven and his partners, read, [and the] petition for George Mackenzie, one of the Lord Belhaven's subtacksmen read. The parliament, haveing considered the petition given in by Belhaven and his partners, with the report of the commission, they find that the sum of seventeen thousand, one hundred and eighty one pounds, eleven shillings [and] seven pence sterling was never payed in by the countrey to the said tacksmen or subtacksmen, therefore, they discharge them and the country of the said sum in the terms of the deliverance of parliament upon their petition, which is as follows.
Moved that the principal tacksmen be discharged of the sum of five hundred and twenty six pounds, eleven shilling and ten pence sterling, uplifted by them and not yet counted for and, after debate, it was put to the vote discharge the tacksmen of the said sum or not and carried discharge, as is expressed in the act underwritten.
[1705/6/175]*[print] [email] [cite] [preceding] [following]
Her majesties' high commissioner and the estates of parliament, haveing heard the petition of the Lord Belhaven and the other principal tacksmen of the five penny excise from September, jM vjC and ninety five till March, jM vjC and ninety seven, humbly shewing that where by the report from the commission for auditing the publick accounts the petitioners are found resting in a balance of five hundred and twenty six pounds sterling, they humbly craved leave to represent to their lordships that, considering the great trouble and expences the petitioners have been at dureing the time of ten years bypast, it is evident that they have expended far more considerable sums than the balance found due by the report from the commission, and that they have made faith that all the money was collected and which the country did yield was payed in to the receivers. Therefore, in consideration of the petitioners faithful and most painful services to the government in that calamitous times, and in makeing effectual to the publick such considerable sums of money out of such broken and deficient funds, they being often forced to advance of their privat money, the quarterly payments not answering the exigencies of the government, as is well known to many of their lordships, humbly craveing his grace and the honourable estates of parliament to take the petitioners' case to their consideration, and not only discharge the foresaid balance but also, in justice, to remit to the foresaid commission the distribution of the abatement of seventeen thousand, three hundred and seven pounds sterling, as per act of parliament for that effect, amongst them and their subtacksmen, with a special regaird to their expences for manageing this whole affair, and with a special regaird to these places where the† calamity was most sensible, as the said petition bears. And, haveing also heard the report of the commission of parliament appointed for stateing and examineing the publick accounts relateing to the said matter, bearing that by the minuts of parliament dated the twenty fifth of August, jM vijC and four it being remitted to the commission to inquire into the arrears of the tack duty of the Lord Belhaven's tack of excise in the terms of the deliverance of parliament thereanent in his favors, the said commission before acquainting their lordships of the inquiry they made into this affair, judged it proper to lay before them the foresaid deliverance of parliament in the Lord Belhaven's favors, to the end they might see how far it agreed with what they were to report. By the parliament jM vjC and ninety eight it was ordered that of what was payed by the Lord Belhaven and his partners of their tack duty to his majestie nothing should be given back, that what more should be found to be uplifted from the country than was payed, either in bonds or money, should be given to his majesty and that the tacksmen should be lyable for the same whither it had been uplifted by them, their subtacksmen or collectors, and the tacksmen are declared no further lyable and that what shall be abated after this manner shall be proportioned amongst the subtacksmen at the sight of the lords of thesaury, that the commission might satisfie the remit of parliament in the terms of this deliverance. All imaginable inquiry has been made and particularly they called the Lord Belhaven's partners, subtacksmen and collectors before them and examined them upon oath as to the extent of their tackduty and collections, and of the payments made by them, either in money or by bonds, and whither there were any promise made or gratifications given for concealments. All these depositions, with all the other instructions and documents relative to this matter, the commission laid before his grace and their lordships, wherein they would find: primo, that the extent of the Lord Belhaven's tack duty of excise for eighteen moneths amounted to eighty thousand and eight hundred pounds sterling. Secundo, that his lordship has payed to the thesaury the sum of fifty eight thousand and twenty nine pounds, eight shilling and ten pence sterling. Tertio, that by several acts of the exchequer his lordship had allowed him four thousand, eight hundred and sixty two pounds, thirteen shillings [and] four pence sterling as an abatement upon the account of guards, garrisons and manufactories, as is ordinarly given to other tacksmen of the excise. These two last sums being added together make sixty two thousand, eight hundred and ninety two pounds, thirteen shillings [and] four pence sterling, so that there remains eighteen thousand and seven pounds, seventeen shilling [and] ten pence sterling. If this eighteen thousand and seven pounds, seventeen shillings [and] ten pence sterling had never been uplifted by his lordship, his subtacksmen and collectors, nor any part thereof, from the country then, by the foresaid deliverance of parliament in his lordship's favors, the whole ought to be allowed. But by the inquiry the commission have made, they find: primo, that the tacksmen have intrometted with the sum of five hundred and twenty six pounds, eleven shillings and ten pence sterling not as yet counted for. Secundo, that Thomas Beaton, subtacksman for Fyfe, has collected the sum of one hundred and fifty nine pounds, two shillings and six pence sterling which he retains in his hands. Tertio, that William Bernard, subtacksman for East Lothian, retains in his hands one hundred and fourty pounds, eleven shillings [and] eleven pence sterling. Upon the whole the commission were of opinion that, when these three last sums are payed up, there will remain seventeen thousand, one hundred and eighty one pounds, eleven shillings and seven pence which, haveing never been payed by or collected and uplifted from the country, ought to be allowed to the Lord Belhaven and partners according to the foresaid deliverance of parliament, together also with a full discharge of their tack duty, as the said report also bears. And her majesties' high commissioner and the estates of parliament, haveing fully considered the said petition with the foresaid order of parliament anent the abovementioned excise in anno jM vjC and ninety eight, with the remit from the parliament to the commission for the publick accounts for makeing inquiry in the terms of the said order of parliament, and the commissioners' report abovewritten thereanent, and being therewith well and ripely advised, they found and hereby find that the principal tacksmen payed in of their tack duty to the lords of thesaury the sum of sixty two thousand, eight hundred and ninety two pounds, thirteen shilling [and] four pence sterling, in manner mentioned in the report, and that they intrometted with five hundred [and] twenty six pounds, eleven shillings and ten pence sterling, for which the tacksmen have not yet counted, and that there is in the hands of Thomas Beaton, subtacksman of Fyfeshire, ane hundred and fifty nine pounds, two shillings [and] six pence sterling and in the hands of William Bernard, subtacksman for Eastlothian, one hundreth and fourty pounds, eleven shilling [and] eleven pence sterling, which sums compleats the petitioners' tack duty, except the sum of seventeen thousand, one hundreth [and] eighty one pounds, eleven shillings [and] seven pence sterling which, after inquirie, was found not to be uplifted from the country. And therefore, her majesties' high commissioner and the estates of parliament, discharged and do hereby discharge the principal tacksmen and their subtacksmen and the country of the said sum of seventeen thousand, one hundreth and eighty one pounds, eleven shillings [and] seven pence sterling not uplifted from the country, in manner foresaid, and also, in consideration of the petitioners' faithful services in manadgeing the matter of the said excise, exonered and discharged and do, by thir presents, exoner and discharge the petitioners of the said five hundreth [and] twenty six pounds, eleven shillings [and] ten pence remaining in their hands not counted for, and of the said tack it selfe and haill clauses thereof, and sums therein contained, and ordained and hereby ordains the one hundred [and] fifty nine pounds, two shillings [and] six pence in the hands of Thomas Beatoun, and the one hundred and fourty pounds, eleven shillings [and] eleven pence sterling in William Bernard's hands to be payed to George Mackenzie, tacksmen† of the northern shires, in consideration of his damnages. Extract.
[1705/6/176]*[print] [email] [cite] [preceding] [following]
Then the parliament, haveing considered George Mackenzie's petition, they decern and ordain the sums in the hands of Thomas Bethune of Tarvete and William Bernard, two subcollectors of that excise, to be payed in to him in the terms of the deliverance of parliament upon his petition, and the said George Mackenzie further recommended to her majesty for his superplus losses mentioned in his petition, which decreet and recommendation follows.
Her majesties' high commissioner and the estates of parliament, haveing heard the petition of George Mackenzie, subtacksman of the excise of the northern shires, humbly shewing unto them that where the petitioner, haveing unhappily ingaged himself in a tack of the excise of five pennies per pint from the first of September, jM vjC and ninety five to the first of March, jM vjC and ninety seven, and after his great expences and fatigue by the reason of the extreme famine that then appeared and suddenly ensued, [he] could get no toun, shire or paroch set as formerly, nor so much as could reach the one half of his tack duty, and seeing he found, by the express terms of his tack, that in case of famine the same was to be void and null, he immediatly returned to Edinburgh and renunced in the hands of the Lord Belhaven and others, principal tacksmen, protesting he would no further meddle, but be answerable conform to his intromissions. And haveing made also application to the lords of thesaury they, in regaird of his timely diligence and the notour truth of the calamitous condition of the northern countrys, as was attested by the subscriptions of the noblemen, barons and magistrats, gave him a sist in the interim for one half of his tack duty, whereupon and upon orders given to mannage the said shires to the best avail, which he performed with all the application was possible for him, nevertheless the famine dayly increaseing in his district was not known in the south untill the north countrys, being wasted, the droves of the poor over charged the south countries. Then it was that the said George his representations got credit and became a handle to the rest of the tacksmen for obtaining an abatement. And it is to be observed that most of the tacksmen were made capable to support the burden when they had entred in cheap tacks, and that the tack was very near expired before they were made sensible of the famine, so that the petitioner's case is no wayes paralel to the rest, when it is evident he had the double burden of the first and last of the rageing famine, and of a heavie double tack. Nevertheless, the principal tacksmen did harass the said George and cautioners with all the violent methods of quartering whole companies at his house in the country and chamber when at Edinburgh, whereby he was constraintd by these and like methods to raise all the money his privat stock and credit with others could afford, so that, albeit it is evident by the reports of the committee that he only collected eight thousand, eight hundred and seven pounds sterling, yet he was compelled to pay up to the said principal tacksmen, in specie as per recept, ten thousand, four hundred and seventeen pounds [and] nineteen shillings sterling, and that before the act of parliament was made for relief of the tacksmen, which, with upwards of seven hundred pounds sterling the said George expended as per particular account in now these ten years bygone, makes his loss evidently to be no less than two thousand, three hundred and nine pounds sterling. Wherefore upon the whole, it will be a very great hardship if the petitioner shall be only ruined in that tack after his expences and indeavours have been the occasion allenarly of procureing them an abatement of the tack duty and, thereafter, of turning the tack into a collection and so the abatement ought, in justice, be applyed not in proportion to the quotas and tack duty but according to the measure of the calamities which was the cause for which both abatement was granted and thereafter the tack opened. And there being upon report of the commission of parliament a small balance of that excise yet in the hands of the principal and subtacksmen which, albeit but about a third part of the petitioner's sum, yet it is humbly presumed it will be thought highly reasonable the petitioner be refounded out of this proper fund and from this† who extorted his money. Therefore, craveing his grace and the honourable estates of parliament to ordain payment to be made to the petitioner of the said balance in the principal and subtacksmen's hands, the same being but a part of his own money, and that what remains may be remitted to be summarly discussed before any competent judicatory, seeing the petitioner demands nothing for his loss of ten years time and fatigue, as the said petition bears. And, haveing likewayes heard that part of the report of the commission of parliament appointed for stateing and examineing the publick accounts to which the said petition referrs, bearing that it being remitted to them to inquire into the arrears of the tack duty of the Lord Belhaven's tack of excise, in the terms of the deliverance of parliament in his favors thereanent, they, before acquainting the parliament of the inquiry they made into that affair, judged it proper to lay before them the foresaid deliverance of parliament in the Lord Belhaven's favors to the end they may see how far it agrees with what they were to report by the parliament jM vjC and ninety eight. It was ordered that of what was payed by the Lord Belhaven and his partners of their tack duty to his majesty nothing should be given back, that what more should be found to be uplifted from the country than was payed, either in bonds or money, should be given to his majesty and that the tacksmen should be lyable for the same, whither it had been uplifted by them, their subtacksmen or collectors, and the tacksmen are declared no further lyable, and that what shall be abated after this manner shall be proportioned amongst the subtacksmen at the sight of the lords of the thesaury. That the commission might satisfie the remit of parliament in the terms of this deliverance, all imaginable inquiry has been made and particularly they called the Lord Belhaven's partners, subtacksmen and collectors before them and examined them upon oath as to the extent of their tack duty and collections, and of the payments made by them, either in money or by bonds, and whither there were any promises made or gratifications given for concealments. All these depositions, with all the other instructions and documents relative to this matter, the commission laid before his grace and their lordships wherein they will find: primo, that the extent of the Lord Belhaven's tack duty of excise for eighteen moneths, amounts to eighty thousand and eight hundred pounds sterling. Secundo, that his lordship has payed to the thesaury the sum of fifty eight thousand and twenty nine pounds, eight shilling and ten pence sterling. Tertio, that by several acts of exchequer his lordship had allowed him four thousand, eight hundred and sixty two pounds, thirteen shillings [and] four pence sterling as an abatement upon the account of guards, garrisons and manufactories, as is ordinarily given to other tacksmen of the excise. These two last sums, being added together, make sixty two thousand, eight hundred and ninety two pounds, thirteen shilling [and] four pennies sterling, so that there remains eighteen thousand and seven pounds, seventeen shillings and ten pence sterling. If this eighteen thousand and seven pounds, seventeen shillings and ten pence sterling had never been uplifted by his lordship, his subtacksmen or collectors, nor any part thereof from the country, then by the forsaid deliverance of parliament in his lordship's favors the whole ought to be allowed. But, by the inquiry the commission have made, they found: primo, that the tacksmen have intrometted with the sum of five hundreth and twenty six pounds, eleven shillings and ten pence sterling not as yet counted for. Secundo, that Thomas Beaton, subtacksman for Fyfe, has collected the sum of one hundreth and fifty nine pounds, two shillings and six pence sterling, which he retains in his hands. Tertio, that William Bernard, subtacksman for Eastlothian, retains in his hands one hundreth and fourty pounds, eleven shillings and eleven pence sterling. Upon the whole, the said commission were of opinion that when these three last sums are payed up there will remain seventeen thousand, one hundreth and eighty one pounds, eleven shillings and seven pence sterling which, haveing never been collected or uplifted from the country, ought to be allowed to the Lord Belhaven and partners according to the foresaid deliverance of parliament, together also with a full discharge of their tack duty, as the said report also bears. And her majesties' high commissioner and the said estates of parliament, haveing fully considered the foresaid petition, with the foresaid report of the commission for publick accounts to which it referrs, and being therewith well and ripely advised, they decerned and ordained and hereby decern and ordain the one hundreth and fifty nine pounds, two shillings sterling money in the hands of Thomas Beatoun, subtacksman for the shire of Fyfe, and the one hundred and fourty pounds, eleven shillings [and] eleven pence sterling money in the hands of William Bernard, subtacksman for Eastlothian, conform to the said report, to be payed to the petitioner by the said respective subtacksmen havers thereof, for refounding so much of the loss and damnage represented by the said petition, and recommended and hereby recommend the said petitioner to her majesties' royal bounty for the superplus of the said loss, extending to two thousand and nine pounds, six shillings and one penny sterling money, and ordains letters of horning and all other needful execution to pass upon this decreet in form, as effeirs. Extract.
[1705/6/177]*[print] [email] [cite] [preceding] [following]
The article of the report of the said commission relating to the duke of Queensberry's bond lying in the thesaury, read, [and the] petition for his grace also read, craveing to be free of annualrents of the said bond and compensation of the principal sum, he being creditor to the publick in far greater sums, and the parliament, haveing considered the said report with the petition, they grant the desire thereof in the terms of the deliverance of parliament upon the said petition, as follows.
[1705/6/178]*[print] [email] [cite] [preceding] [following]
Her majesties' high commissioner and the estates of parliament, haveing heard the petition of James, duke of Queensberry humbly shewing unto them that whereas in the years jM vjC and ninety four and ninety six he was necessitat to imploy his privat credit to borrow three thousand pounds sterling from the commissaries of the army for paying the troop of horse guards then under his command, the said troop, being then upon the English establishment and their pay not remitted from thence, his bonds were allowed to the commissaries in their accounts to the lords of thesaury in anno jM vjC and ninety nine upon his giveing bond to their lordships for the said three thousand pounds sterling and five hundreth and twelve pounds sterling for bygone annualrents, the petitioner's case was remitted by last sessions of parliament to the commission for publick accounts. And his lawyers haveing made his defences, which are inserted in the report, he shall not trouble his grace and their lordships with repeating them, being well perswaded his grace and their lordships will find agreeable to the laws and practick of this nation to allow him compensation for what he shall be found lyable in, since the government is and has been debitor to him of a long time in far more and considerable sums. What the petitioner begs leave further to represent is that, it being evident that the money he borrowed was not for his own privat use, but for the service of the troop of guards, and it being notour that the pay of the said troop was not cleared for some years thereafter, and then only by debentures which could not be made effectual without great discount, and further the government being debitor to the petitioner for several years in far greater sums, it appears hard that he should be lyable for any annualrents of the sum so borrowed and imployed by him. Therefore, craveing his grace and their lordships to consider that article of the report from the commission, which concerns the petitioner's bond of three thousand, five hundred and twelve pounds sterling granted to the lords of thesaury in July jM vjC and ninety nine, and to find that the money advanced to him be the commissaries of the army, which is the original cause of the said bond, not being for his privat use but for the service of the troop of guards, and for preventing the disorders [that] might have happened upon their not being payed, that he ought not to be lyable to any annualrents for the said sum, and find that the petitioner, being creditor to the publick for greater sums than the said sum of three thousand pounds sterling advanced to him by the said commissaries, he ought to have allowance and compensation for the said sum of three thousand pounds sterling, he dischargeing the like sum out of the sum of fourteen thousand, nine hundreth and twenty three pounds, twelve shillings [and] two pence sterling yet resting to him, and to ordain his bond to be given up and declare him quit and free thereof for ever upon his granting a discharge in the terms foresaid, as the said petition bears. And her majesties' said commissioner and the estates of parliament, haveing likewayes heard that part of the report of the said commission of parliament appointed for stateing and examining the publick accounts which relates to the said affair, bearing that the duke of Queensberry's bond to the thesaury, being remitted to the commission and to hear his defences, they had accordingly heard the duke of Queensberrie's lawyers on the said defences as to the sums of money borrowed by him from the thesaury which, containing several specialities, had straitned them in determineing any thing against him. Therefore, they presumed to lay his case before the parliament with an account of the most material things that were pled for him, that the honourable house might, with the greater ease, give their decision in the matter. The duke of Queensberry anno jM vjC and ninety eight gave bond to the thesaury for three thousand, five hundred and twelve pounds sterling, made up of the sums borrowed at two several times from Sir Alexander Bruce and Sir George Hamilton, general receivers of the fonds of cess and excise, payable to the lords of the thesaury, or their successors in office, at Candlemass jM vjC and ninety nine. The duke's lawyers acknowledged the debt but craved compensation in respect that a far greater sum, instantly verified and liquidated, is owing to him by the government, which defence of compensation they pled upon the following grounds. Primo, that compensation in law is equivalent to payment and extinguishes the debt ipso jure takeing place, not only against privat subjects, but likewayes against the prince, and that both by the civil law and the municipal laws of this kingdom, as by act, one hundreth and fourty first, parliament twelvth, James sixth, and likewayes, as it was decided in the case of the Lord Maxwell against the king, as is observed by Durie, December nineteenth anno jM vjC and thirty two. Secundo, that the fourteenth act of the parliament jM vjC and sixty one narrats the excise to be granted towards the defraying of the necessary charges of the government according to his majesties' royal pleasure; that the act eighteenth, parliament jM vjC and eighty one continues the same five years after King Charles his decease in statu quo; that the act second, parliament jM vjC and eighty five annexes the excise to the crown and bears expressly to be designed for supporting the interest thereof; [and] that the act twenty eight, parliament jM vjC and ninety five transferrs the payment of excise from the malt to the liquor, but continues the annexation to the crown and the ends and uses for which the former acts narrated it to have been granted. Tertio, that the estates of parliament thought fit last year to acquiesce in very great allowances that had been given to the duke of Hamilton, the marquess of Tweeddale and the earl of Melvill, commissioners to the parliament, out of the funds of cess and excise, upon which three grounds the lawyers craved that compensation might be allowed since her majestie had the undoubted disposal of the excise at her pleasure, there haveing been never as yet any appropriation thereof by a law for the use of the army, and that tho the duke's bond does not bear expressly to be borrowed out of the excise yet, since his late majesty King William could have allowed compensation to the duke by vertue of the power he had to dispose of any sum not exceeding the tack duty of the annexed excise, therefore they concluded that her present majesty Queen Anne and the estates of parliament ought, in justice, to allow the same, as the said report also bears. And her majesties' high commissioner and the said estates of parliament, haveing this day fully considered the foresaid petition with the foresaid report of the commission, and being therewith well and ripely advised, they found and hereby find that there can be no annualrent due by the foresaid bond for the reason abovementioned and expressed in the said petition, and that the petitioner ought to have compensation of the sum of three thousand pounds sterling therein contained upon his dischargeing the like sum out of the above specified sum of fourteen thousand, nine hundred and twenty three pounds, twelve shillings [and] two pence sterling due to the petitioner, and ordained and hereby ordain the said bond to be retired and delivered up to the petitioner, and declared and hereby declare him quite and free thereof upon his granting discharge of the said sum of three thousand pounds, in manner represented in the said petition. Extract.
[1705/6/179]*[print] [email] [cite] [preceding] [following]
Article of the report of the commission relating to the bond of eight hundreth and fifty three pounds, two shillings sterling granted by the late duke of Argyll to the lords of thesaury, read and an act thereon made as follows.
Her majesties' high commissioner and the estates of parliament, haveing considered the report of the commission of parliament appointed for stateing and examining the publick accounts relating to the bond granted by the late duke of Argyll to the lords of thesaury, bearing that they needed not resume to the parliament the case of the late duke of Argyll and the defences proponed by his lawyers upon his bond for eight hundred pounds sterling, these being the same with those proponed for the duke of Queensberry, only they must represent to his grace and their lordships one speciality in the duke of Argyll's bond, which is his oblidgement either to pay the said eight hundred pounds sterling to the lords of the thesaury and their successors in the office or to procure a letter from King William for allowing the same to him, which letter the commission did find his grace procured from her majesty Queen Anne [in] anno jM vijC and three. And haveing also considered the following letter directed by her majesty to the lords of thesaury and the bond it selfe, which is in these terms: that if betuixt and the fifeteenth of September, jM vjC and ninety six and the first day of April next thereafter, his grace did not procure and deliver to the said lords his majesties' letter or warrand for delivering up to his grace the said bond without repayment of the said soume, then he oblidged himself, his heirs and successors, to pay and refound the same. And his grace, haveing in February jM vijC and three obtained her majesties' letter authorizeing and requireing the said lords to state the account of arrears due to his grace of pay and cloathing, and to deliver up to the said duke the said bond of eight hundred and fifty three pounds [and] two shillings sterling, and to take his recept as so much payed to him on account of his said arrears of pay and cloathing, and her majesties' high commissioner and the said estates, being well advised with the foresaid report, letter and bond, they recommended and hereby recommend to the lords of thesaury to give up and discharge the said bond upon their getting a valid discharge of the sum of eight hundred and fifty three pounds [and] two shillings sterling as a part of the arrears due to the deceased duke of Argyll.
[1705/6/180]*[print] [email] [cite] [preceding] [following]
The article of the report of the commission relating to the hearthmoney collected by the deceased laird of Cassingray, read and considered, and an act thereon made as follows.
Her majesties' high commissioner and the estates of parliament, haveing heard that article of the report of the commission of parliament appointed for stating and examining the publick accounts relating to the hearth money collected by the deceased laird of Cassingray, bearing that, by the minuts of parliament dated the sixteenth of August, jM vijC and four, it being remitted to the commission to inquire into the balance of the hearthmoney, they found that when the deceased laird of Cassingray made up his accounts with the lords of the thesaury he had a balance in his hands extending to seven thousand, three hundred and sixty eight pounds Scots. But since that time, they found that he and the earl of Leven payed the same according to the thesauries orders for the ends and uses to which the hearth money was granted by the parliament, except as to the sum of four hundreth and thirty two pounds Scots, which they had allowed the Lord Belhaven to retain in his hands in part payment of his own arrears, so that this balance hath been fully accounted for and the documents thereof are lying before his grace and their lordships, as the said report bears. And her majesties' high commissioner and the said estates of parliament, haveing fully considered the said article of the foresaid report, and being therewith well and ripely advised, they approved and hereby approve thereof and recommended and hereby recommend to the lords of thesaury who are hereby authorized to discharge the heirs of the said Cassingray and to give up the bond wherein he and his cautioner stand bound for the said hearthmoney. Extract.
[1705/6/181]*[print] [email] [cite] [preceding] [following]
Article of the report of the commission relating to Sir Alexander Bruce of Broomhall and partners, their advances to the army upon the accounts mentioned in the report, [and the] petition for the said Sir Alexander Bruce, read, and the parliament, haveing considered the said report with the petition, they find the petitioner creditor to the publick in the sums and manner as is contained in the deliverance of parliament upon the said petition, which is as follows.
Her majesties' high commissioner and the estates of parliament, haveing heard that article of the report of the commission of parliament appointed for stating and examining the public accounts relating to Sir Alexander Bruce of Broomhall and partners, their advances to the army upon the account mentioned in the said report, which bears that by the minuts of parliament dated the twenty third of August, jM vijC and four, it being remitted to the said commission to consider Sir Alexander Bruce of Broomhall's petition craveing payment of his depursements for the army, they found that Sir Alexander Bruce and his partners did enter into a contract with the lords of the thesaury wherein they were not oblidge to forrage any troops but such as were upon the Scots establishment, yet notwithstanding thereof they forraged the troop of horse guards and the Lord Teviot's regiment of dragoons, both being upon the English establishment at that time, which Sir Alexander pretends he did at the desire of the lords of the thesaury, tho he has not instructed the same by any written order. They found also that whereas their lordships of the parliament in the last session thereof were pleased to acquiesce in considerable allowances given to other commissaries as poundage for extraneous precepts payed out of the cess and excise otherwayes than for the use of the army, yet Sir Alexander got never any allowance for these extraneous precepts notwithstanding, as he pretends, he had no other sallary or advantadge than the poundage he expected out of the cess and excise. He claims, likewayes, some consideration upon the account of his forrageing the troop of guards at that time attending the parliament which was, likewayes, granted to other commissaries and allowed by the parliament the last session thereof, and upon the whole the commission observed that tho Sir Alexander might possibly [have] been at considerable loss by reason of his exceeding the terms of his contract with the lords of the thesaury, yet it depends upon the parliament to judge whither or not they will favour him with the same allowances that were granted to others, as the said report bears. And haveing also heard the petition of the said Sir Alexander Bruce, Jerviswood and partners humbly shewing unto them that the last session of parliament did remit to the honourable commissioners for publick accounts a petition presented by them touching certain debursements of the petitioner's for the army, that in pursuance of that remit the commissioners have proceeded to inquire into the state of that affairs and to examine what these debursements did amount to, with grounds whereupon the samen are founded and the proofs and evidences thereof, as appears by the minuts of their procedure in the same, that they have also framed and printed a short report relating to the same, therefore, humbly begging that his grace and their lordships would take the said affair into their consideration and, after haveing examined the relevancy and truth of the petitioner's pretensions as has been made appear before the said honourable commissioners, they would, in their justice, take some such course as the petitioner may be payed of the same, as the petition foresaid also bears. And her majesties' said commissioner and the said estates of parliament, haveing fully considered the foresaid report of the commission of parliament anent Sir Alexander Bruce's claims with the foresaid petition relative thereto, they found and hereby find that there is due and resting to the said Sir Alexander the sum of five hundred [and] thirty six pounds sterling for his forrageing the troop of guards with hard meat dureing the parliament jM vjC and ninety five. As also, modified and hereby modifies the sum of one thousand pounds sterling to be payed to the said Sir Alexander Bruce as due to him for his losses in forrageing the troop of guards and regiment of dragouns commanded by the viscount of Teviot, and for the pondage of extraneous precepts in respect the said Sir Alexander had no poundage for the said troops upon English pay, extending the said sums for which the said Sir Alexander is found creditor to the sum of fifeteen hundreth [and] thirty six pounds sterling and that in satisfaction of Sir Alexander's haill claims abovementioned expressed in the said report and petition.
[1705/6/182]*[print] [email] [cite] [preceding] [following]
Moved that a gratuity should be given to the members of the commission of parliament, viz. the earl of Dunmore, Mr William Seton, Mr John Clerk, Mr Dougald Steuart and Mr Robert Fraser, for their pains and attendance in auditeing and examineing the publick accounts since the last session of parliament. Agreed to, that each of the forenamed persons shall have two hundred pounds sterling payed to them for their said pains and attendance, and that out of any sure fund as the same shall hereafter occur. Agreed likewayes that Walter Riddell, clerk to the said commission, for his pains and attendance on the said committee shall have fifty pounds sterling payed to him.
Moved that in regaird no sure fund does at present appear out of which the abovenamed persons can receive ready payment of their respective sums, that, therefore, the estates of parliament should recommend them to her majesty that she may order the said payments in the way and manner her royal wisdom shall judge most proper, which motion was agreed to accordingly.
Agreed that the article of the report of the commission relating to the polemoney collected by Ferguslie, and the petition given in by George Prestoun be first under consideration next sederunt of parliament.
[1705/6/183]*[print] [email] [cite] [preceding] [following]
The article of the report of the commission relating to Major James Cunninghame of Aiket, read, [and the] petition for the said Major James Cunninghame also read, and he preferred to a certain sum as contained in the deliverance of parliament upon his petition, which is as follows.
Her majesties' high commissioner and the estates of parliament, haveing heard the petition of Major James Cunninghame of Aiket, humbly shewing unto them that where the petitioner haveing applyed the last session of parliament for payment of arrears due to himself of personall pay and money advanced to his company and several officers therein, who were in a bad condition for want of their subsistance, and they, being in such circumstances as the petitioner thought discreditable to the service, they being then posted in that part of the highlands that had not then submitted to the government, the petitioner advanced to them out of his own privat stock for their subsistance two hundreth and seventy pounds sterling, and by a particular minute of parliament all officers who went to Caledonia were to be preferred to all other officers out of the funds for their arrears and company's subsistance, and haveing instructed his claim to the commission of parliament and by them recommended to his grace and honourable estates of parliament in their report; the petitioner is incouraged by the great compassion the parliament shewed in not suffering Sir William Meinzies, who was addebted to the government to be ruined, so the petitioner hopes they will as little suffer a creditor to it to be ruined who, out of affection thereto, advanced it in the service of the government. Therefore, craveing his grace and honourable estates of parliament that, seeing the petitioner is one that with the first went to Caledonia and being remitted to the commission of parliament with a preference to all other officers who went not there, to take his case so under consideration as that his affection to his country may not be the occasion of the ruin of his family, and to appoint a sure fund for payment of the said two hundred and seventy pounds instructed advanced by him to his said company, as said is, as the said petition bears. And her majesties' said commissioner and the estates of parliament, haveing also heard the report of the commission of parliament appointed for stateing and examineing the publick accounts relating to the foresaid petition, bearing that by the minuts of parliament dated the twenty third of August, jM vijC and four a petition for the said Major James Cunninghame, with several other petitions from the officers of the army therein named, anent their arrears being remitted to the said commission, they were sorry that it did not ly in their power to take such a regaird to these honourable officers' names† as their services to their country did justly deserve, for their being no funds for their payment, the commission presumed to recommend them to his grace and their lordships that they might consider their circumstances and provide for their relief. Amongst these officers, the commission were in a special manner oblidged to consider Major Cunninghame of Aiket's case in regard the parliament, by their minuts of the same date, appointed the officers who went to Caledonia should have preference out of the respective funds in which they are concerned. Wherefore, seeing Major Cunninghame served in the earl of Glencairn's regiment as a captain at the revolution, and had a right to the pole money jM vjC and ninety three for payment of his arrears, therefore, the commission had already allowed him one hundred and fourty five pounds [and] twelve shillings sterling in part of what is owing him out of that proportion of the pole money which they had allotted to the earl of Glencairn's regiment, and were of opinion, when all the money comes in, the major must be allowed full payment of his arrears according to the tenor of the parliament's remit in favors of those who went to Caledonia, as the said report also bears. And her majesties' commissioner and the said estates, haveing fully considered the said petition with the foresaid report of the commission of parliament thereto relating, and being therewith well and ripely advised, they preferred and hereby preferr the petitioner to the above two hundred and seventy pounds sterling out of what is remaining of the pole money one thousand, six hundred and ninety three years, in the collectors' and subcollectors' hands, and ordained and hereby ordain the collectors and subcollectors in whose hands the same is, to pay the same to him out of the first of the dividend of that pole belonging to the earl of Glencairn's regiment.
[1705/6/184]*[print] [email] [cite] [preceding] [following]
The article of the report of the commission anent Sir George Hamilton, late commissar of the army, read, [and the] petition for the said Sir George also read and he recommended to the lords of thesaury as contained in the deliverance of parliament upon his petition, which is as follows.
Her majesties' high commissioner and the estates [of] parliament, haveing heard the report of the commission of parliament appointed for stateing and examineing the publick accounts, bearing that by the minuts of parliament dated the twenty third day of August, jM vijC and four years, it being remitted to the commission to consider Sir George Hamilton's petition craveing payment of bygone sallaries due to him, the commission found that Sir George Hamilton was appointed commissar and general receiver by a commission under the great seal dated the fifth day of January, jM vjC and ninety one, with a sallary of six hundred pounds sterling per annum, which commission bears an express clause that Sir George should continue in the office till it should be recalled, which did not happen till the beginning of the year jM vjC and ninety seven, whereby he justly claims five years sallarys, as the said report bears. And haveing also heard the petition of the said Sir George Hamilton of Tulliallan, humbly shewing unto them that upon the petitioner's application to their lordships last session of parliament, craveing payment of the bygone sallaries due to him as general receiver of the funds of supply and inland excise and paymaster general of the army for the years mentioned in his petition, he obtained a deliverance thereon remitting his case to be considered by the commission appointed for auditeing the publick accounts, with power to them to determine therein as they should find just, the petitioner did apply to their lordships and did exhibite before them his ground of claim. And after consideration had thereof by them, they found that he has a just claim for five years sallary at six hundreth pounds sterling per annum, as the commissions report page ninth does bear. But the commission haveing no funds before them out of which they could appoint payment to the petitioner, he is necessitated again to apply to his grace and the estates of parliament and, therefore, humbly beseeching his grace and their lordships, not only to approve of the commissioners' report stating the petitioner creditor in the terms thereof, but also to appoint him payment of his said credit in the way and manner and out of such funds as his grace and their lordships should think proper, as the said petition also bears. And her majesties' high commissioner and the said estates of parliament, haveing fully considered the said report of the commission for auditing the publick accounts with the foresaid petition, and being therewith well and ripely advised, they recommended and hereby recommend the petitioner to the lords of her majesties' thesaury for payment of what is due to him for the cause abovewritten dureing the time of his service, to be instructed before the lords of thesaury.
[1705/6/185]*[print] [email] [cite] [preceding] [following]
The article of the report of the commission relating to John Campbell of Knockrioch and partners their collection of the pole jM vjC and ninety five, read, [and the] petition for the said John Campbell and partners also read, and he recommended to the lords of thesaury as contained in the deliverance of parliament on his petition, in manner following.
Her majesties' high commissioner and the estates of parliament, haveing heard that article of the report of the commission of parliament appointed [for] stating and examining the publick accounts relating to John Campbell of Knockrioch and partners, their collection of the pole jM vjC and ninety five years, bearing that by the minuts of parliament dated the twenty third day of August, jM vijC and four, the account of the pole money jM vjC and ninety five being remitted to the commission as to the three articles not determined by the parliament, viz. the article of the imbazelments of collectors extending to sixteen thousand, five hundred and ninety six pounds Scots, the article of the quadruples of the army extending to seventeen thousand, seven hundred and sixty pounds Scots [and] the article of six thousand pounds Scots as the pole of the episcopal clergie, they the said commission did find by the tacksman John Campbell of Knockrioch's oath, and by other instructions, that these imbazelments cannot be furder extended than to fourteen thousand, eight hundred and fourty-two pounds Scots. As to the second article, they found by considering the establishment of the forces for that year, that the quadruples of the army could amount to no more than thirteen thousand, four hundreth and fifty six pounds Scots, and that the third article, viz. the pole of episcopal clergy, could not exceed three thousand pounds Scots, the half of what is stated. Upon the whole matter, the commission did represent to the parliament that, since by the minuts of the last session of parliament, they were pleased to allow these articles to the tacksman John Campbell when instructed before the said commission, therefore, it follows, that by what the commission did represent to the parliament in their last year's report, and by what they have now represented, the publick will be debitor to the tacksman in the sum of four thousand, nine hundred and twenty two pounds Scots, as the said report bears. And haveing also heard the petition of the said John Campbell and his partners, tacksmen of the pole jM vjC and ninety five, humbly shewing unto her majesties' said commissioner and the estates of parliament that by the report from the commission of parliament to whom the inquireing into the said pole was remitted, it is clear that the petitioners have payed the full tack duty and that the publick are debitor to them in four thousand, nine hundred and twenty two pounds Scots, wherefore the petitioner and partners ought not only to be discharged, but the sum due to them ought to be stated as a publick debt and their tack to be delivered up to them, and therefore, craveing his grace and honourable estates of parliament to recommend to the lords of her majesties' thesaury and exchequer to grant the petitioner and partners a sufficient discharge of the said tack, and deliver up the same to them and to state the foresaid sum as a debt due to the petitioner and his partners by the publick, as the said petition also bears. And her majesties' said commissioner and the said estates of parliament, haveing fully considered the said petition with the foresaid report of the commission for publick accounts, and being therewith well and ripely advised, they found and hereby find that the petitioners have payed the full tack duty of the pole jM vjC and ninety five, and that the publick are debitors to them in four thousand, nine hundred and twenty two pounds Scots and, therefore, recommended and hereby recommend the petitioners to the lords of her majesties' thesaury to grant the petitioner and partners a sufficient discharge of the said tack and deliver up the same to them, and to state the foresaid sum of four thousand, nine hundred and twenty two pounds as a debt due to the petitioners by the publick. Extract.
[1705/6/186]*[print] [email] [cite] [preceding] [following]
Petition for Mr Charles Campbel, read, and a sist of personal execution granted to him in the terms of the deliverance of parliament upon his said petition, which is as follows.
At Edinburgh, the fourteenth and eighteenth days of September, jM vijC and five years, her majesties' high commissioner and the estates of parliament, having heard the petition of Captain Charles Campbell, humbly shewing unto them that where the petitioner having last session of parliament represented that there was six hundred pounds sterling of arrears and others due to him by the publick, conform to particular instructions given in thereof, his grace and the high court of parliament were pleased to sustain the justice of his claim, and ordered him one hundred pound sterling to account, and there being five hundred pound sterling still resting, the want of which these several years bypast has run the petitioner in debt and put his affairs in disorder, which may incapacitat him to appear in publick if not prevented by his grace and their lordships' compassion and bounty. And seeing the petitioner, for the more easie accomodating his business, is willing to accept at present what part for his present necessity their lordships shall think fit and, in case their lordships' bounty will extend to the whole, he shall then discharge the publick, craveing therefore, his grace and their lordships to take the petitioner's circumstances to consideration and, for relief thereof, to order him payment of such a sum as their goodness and wisdom should think fit, and that out of some sure fund in being or to be imposed and, untill the same be made effectual, to sist all legal diligence against his person, as the said petition bears. And her majesty's high commissioner and the estates of parliament, having on the said fourteenth day of September heard and considered the said petition read in their presence, they recommended and hereby recommend the petitioner to the lords commissioners of her majesties' thesaury for payment of one hundred pounds sterling, in part of his bygone arrears, out of what fund they shall think most effectual and ordained all parties concerned to see and answer that part of the petition craving a sist of legal diligence against the first sederunt of parliament the then next week. And having again on the said eighteenth day of September again heard and considered that part of the said petition, craving a sist of legal diligence, and there being no answers made thereto by his creditors, they granted and hereby grant to the petitioner a sist of all legal diligence against his person for any debts due by him to his creditors, ay and while the petitioner be repaid of the arrears due to him as an officer of the army. Extract.
[1705/6/187]*[print] [email] [cite] [preceding] [following]
Article of the report of the commission relating to John Drummond and James Dunlop, late general receivers, read, [and the] petition for them also read, and they recommended to the lords of thesaury for the ends contained in the deliverance of parliament upon their petition, as follows.
Her majesties' high commissioner and the estates of parliament, haveing heard the petition of John Drummond and James Dunlop, late general receivers, humbly shewing unto them that where by the first report of the commission of parliament appointed for stating and examining of the publick accounts, presented in the last session of parliament, there was found very considerable sums due to the petitioners by the government, as appears by the observations on the first, second and sixth accounts contained in the foresaid report. Whereupon, the petitioners presented to the same session of parliament a petition craving payment of the balance due to them, which was then read and remitted to the foresaid commission to consider the petitioners' case and determine therein, as the minuts [of] the twenty third of August, jM vijC and four bear. In compliance with which remit the foresaid commission, upon the fifth of September the foresaid year jM vijC and four, did give power and commission to the petitioners to collect and inbring the articles of rests of excise and supply mentioned in the foresaid observations of the said commission upon the second, fourth and seventh accounts, and also to uplift the fractions of cess therein specified, with power to them to pursue those lyable in payment, and to use all manner of diligence for the same, they always holding count to the commission for their intromissions, as their act at Edinburgh, the foresaid fifth day of September, jM vijC and four years bears. Upon which act and commission, the petitioners made their report and account to the foresaid commission of parliament who, in their second report now presented to the parliament and in the fourteenth page thereof, do declare the sums intrometted with by the petitioners and uplifted since the last session of parliament and stated in an account produced with the said report, do extend to one thousand, six hundred pounds Scots or thereby, which they have allowed the petitioners to retain. And still find that there is a very considerable balance owing to them by the government, as also that many of these very sums of rests of cess and excise having been assigned to the petitioners by the lords of thesaury for their payment, they were recommended to them by the parliament, as the foresaid minuts of the twenty third of August bear. And now seeing that the foresaid sums due to the petitioners are clearly stated and, in effect, very considerable so that they are in hazard to be utterly ruined and undone, and that it appears most reasonable that the recommendation and remit formerly granted by the parliament should be prosecute according to the opinion and second report of the foresaid commission exhibite to the parliament, as said is, craving therefore, his grace and the high and honourable court of parliament to consider the premisses and to grant to the petitioners full power and commission for to uplift from the collectors and tacksmen of the foresaid rests of excise and cess, whatever may be resting in their hands and, if need bees, to use all diligence against them and their cautioners whereunto they are lyable by law and to apply what they shall recover for their own payment, they being always lyable to make count and reckoning to the foresaid commission of parliament for their said intromission and recepts, as the said petition bears. And having also heard the report of the said commission of parliament appointed for stating and examining the publick accounts relative thereto, bearing that, by the minuts of parliament dated the twenty fifth of August jM vijC and five, the account of what is resting to [the] publick of the cess, excise, hearthmoney, polemoney and tunnage since the year jM vjC and ninety eight to the year jM vijC and one, had been read, and the first three articles had been remitted to the commission to inquire if these who were receivers at that time had received these ballances, and that they could not find, by any inquiry they had made, that these who were receivers at that time had ever got up the rests of the supply and excise mentioned by them in their former report in those first three articles, but they had given warrand to John Drummond and James Dunlop to uplift the same and, accordingly, John Drummond and James Dunlop had written to the several shires and burghs given up to them as debitors, from most of which they never received any answer, and such as returned answer did represent that these who were commissioners of supply or collectors at the time when the debt was due, were either dead, altered or bankrupt and that, after three years, the shires were not oblidged to produce discharges conform to act of parliament. The commission had been very tender in allowing the said John Drummond and James Dunlop to quarter upon the shires and burghs deficient, that having been remitted principally to the lords of the thesaury, but they represented to his grace and the parliament that tho by law heretors in shires and burghs are not oblidged to produce discharges after three years, nor can be quartered upon after that time, yet the collectors who received payment from the heretors are alwayes lyable, and the commission believed that this is the case of many shires and burghs of the kingdom, wherefore the honourable estates of parliament might be pleased to consider how these rests might be made effectual, since, according to the last report of the commission, these appear to be very considerable. As for the sums intrometted with by the said John Drummond and James Dunlop and uplifted since the last session of parliament, they were in an account produced with the said report and the commission had allowed them to retain the said sums, extending to one thousand and six hundred pounds or thereby, in their hands, untill such time as a very considerable ballance owing them by the government be paid, many of these very sums of rests of cess and excise, having been assigned to them by the lords of thesaury for their payment, and they recommended to the commission by the parliament's last minuts of the twenty third of August, as the said report of the commission also fully bears. And her majesties' said commissioner and estates of parliament, haveing considered the said petition with the report of the commission abovewritten relative thereto, and that there are considerable sums resting to the petitioner, they recommended and hereby recommend them to the lords of her majesties' thesaury to grant to the said petitioners power and commission to prosecute the collectors and tacksmen of the foresaid rests of cess and excise, for whatever may be resting in their hands and, if need beis, to prosecute their cautioners and to apply what they shall so recover for their payment of what is owing to them, they always being lyable to count and reckon to the said lords of thesaury for their intromissions, reserving to all concerned their lawful defences as accords. Extract.
[1705/6/188]*[print] [email] [cite] [preceding] [following]
Article of the report of the commission relating to Captain John Slezer, read, [and the] petition for the said captain also read, and he recommended to the lords of thesaury in the terms of the deliverance of parliament upon his petition, and that part of the petition craving a sist of personal execution ordained to be seen and answered by his creditors against the next sederunt.
Her majesties' high commissioner and the estates of parliament, having heard the petition of Captain John Slezer, humbly shewing unto them that the petitioner's representation last session of parliament, having been remitted to the commission for enquiring into the publick accounts, the petitioner's several pretensions have been stated and examined before the committee of the said commission and, when the report thereof comes to be made to his grace and the parliament, it will appear that there is due to the petitioner of personal clearance, from anno jM vjC and ninety six to anno jM vijC, the sum of two hundred and sixty five pounds sterling. Item, of retention of cloathing due to him from July, jM vjC and ninety eight to December, jM vijC, the sum of three hundred and twenty six pound sterling, upon the faith of which the petitioner hath twice cloathed the artillery company. Item, there is due to him a ballance of one hundred and sixty six pounds sterling for fitting out the train of artillery, [and] it will likeways be found that, by a mistake betwixt the establishment and the petitioner's commission, there hath been four shilling sterling per diem stopt off his current pay, which stoppages extend to three hundred and thirty seven pounds sterling. The committee, having likewayes examined the progress made by the petitioner in his Scotia Illustrata they find the same to be near finished and that he is six hundred and thirty pound sterling out of pocket on this account, having relyed on the faith of an act of parliament which was past in his favors. All which does appear more particularly by the minuts of the foresaid committee. In the mean time, the petitioner's circumstances are so hard that if not speedily relieved he must sink under them and be utterly ruined and, therefore, craving his grace and the honourable estates of parliament to fall on some effectual method for relieving the petitioner from the foresaid publick engagement he lyes under, and since the tunnage which the petitioner had formerly some share in is exhausted or otherways appropriate, that it might likeways please the honourable estates of parliament to appoint unto him, out of the readiest of any other sure fund, what the commission of parliament hath found due to him and, in the mean time, grant a sist of all execution against his person that he may be in condition to attend his charge and her majesties' service untill the foresaid fund be made effectual to him, as the said petition, on the end whereof is written a copy of the after mentioned report of the commission, and another copy of an attested double of the report of the committee for trade, fully bears. And having also heard the article of the report of the said commission of parliament appointed for examining and stating the publick accounts relating to Captain John Slezer, petitioner, bearing that by the minuts of parliament dated the twenty fifth of August, jM vijC and four, it being remitted to the commission to consider the memorial given in by Mr Slezer, as to him they represented to the parliament that there is due to him for his arrears for cloathing money and other engagements for the publick, one thousand and ninety pounds sterling and, likeways, that upon the faith of an act of parliament he has been at no less charges than six hundred and thirty pounds sterling upon his book Scotia Illustrata, as will appear more particularly by the minuts of their committee dated the [...] day of [...], wherefore he depended upon the justice and clemency of the parliament to assist him as the great straits he is reduced to do require, as the said report of the commission also fully bears. And her majesties' high commissioner [and estates of parliament], having fully considered the said petition and being therewith well and ripely advised, they recommended and hereby recommend to the lords commissioners of her majesties' thesaury to cause pay the petitioner such a sum toward the satisfaction of his expences and arrears above mentioned, and out of such funds of the publick money as they find just, and ordained his creditors to answer as to the sist of execution demanded against the next sitting of parliament.
[1705/6/189]*[print] [email] [cite] [preceding] [following]
Ratification in favors of Bisset of Lessindrum, read and approven in parliament, and is as follows.
Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under her majesties' great seal, proceeding on a signature of the date at Kensingtoun, the twenty fourth day of June, jM vjC and ninety eight years, granted by the deceast King William, with consent of his commissioners of the thesaury and exchequer for the time, upon the resignation of Robert Bisset of Lessindrum, to and in favors of the said Robert, in liferent, and to Alexander Bisset, his eldest lawful son, and his other heirs male and of tailyie therein mentioned, which failyieing his heirs and assigneys whatsoever, in fie heretably and irredeemably, under the provisions, restrictions, reservations and irritancies therein specifiet, of all and haill the lands and others underwritten, to wit. All and haill the lands and davach of lands of Lessindrum, containing the toun and lands particularly aftermentioned, viz. the toun and lands called the Maines of Lessendrum, with the mannor place, houses, biggings, yeards, tofts, crofts, parts, pendicles and pertinents of the same; the toun and lands called the Overtoun of Lessendrum, the loan descending to the water of Divves, with the priviledge of the said loan according to the possession of the tennents and possessors of the said lands of Overstoun; and also all and haill the lands called the Leys of Lessindrum; the toun and lands of Crichie; the toun and lands of Knights mill, with the mill thereof, milllands, astricted multures, sucken and knaveships of the same, together with all and sundry houses, biggings, yeards, tofts, crofts, parts, pendicles, annexis, connexis and pertinents of the foresaid davach of the said lands of Lessendrum, and particular touns and lands therein contained and above exprest, lying within the barony of Drumblet and sherifdom of Aberdeen, of old bounded and formerly united in a tenandry, in manner mentioned in the said charter. And sicklike, of all and haill the toun and lands of the kirktoun of Drumblet, with the mill thereof, milllands, astricted multures and knaveships of the same, together with the houses, biggings, yeards, tofts, crofts, parts, pendicles and pertinents thereof, together also with the privilege of peet moss and of casting and winning of peets and fewall within the bounds of the middle third part of the lands of Camalegie, and transporting the same; and also all and haill the superiority and property of the two part of the lands of Bogie's hill, with the mills, milllands and pertinents of the same; and likeways of the two part of the lands of Stanyfield, and third part of the lands of Wedderburn, and third part of the lands of Thomestoun, tenents, tenandries and service of free tenents, with the pertinents, whereof the property formerly belonged to William Troup of Balnacraig, and now pertains to the said Robert Bisset, lying within the said barony of Drumblet and sherifdom of Aberdeen foresaid. Of all which lands and others abovewritten, the rights and securities granted to the said Robert Bisset and his foresaids, and to their authors and predecessors, are confirmed by the said charter, which contains also a new gift or disposition of the said haill lands and others above and therein mentioned, with the privilege of keeping two yearly fairs at the said Kirktoun of Drumblet, on thereof to begin upon the second Tuesday of May, called Saint Agnas fair, and the other on the second Tuesday of October, called Saint Michaell's fair, ordaining each of the said fairs to continue three days, with power to the said Robert, and his foresaids, to uplift the tolls and customes thereof, and an disjunction of all the said lands and others foresaid from all other baronys to which they or any part thereof were formerly united, with an union and erection of the samen haill lands, touns, mills and others abovewritten, with the pertinents and the said two yearly fairs, in an haill and free barony to be called, in all time coming, the barony of Lessendrum, ordaining the mannour place of Lessendrum to be the principal messuage thereof and one seasine to be taken hereat, or at any other part of the said lands, to be sufficient for the haill, to be holden of his majesty and his successors, in manner mentioned in the said charter, whereby the waird, nonentry and relief of the said lands and marriage of the heir or heirs, one or moe, when the samen shall fall, are given and disponed, with all the profites of the said marriages, to the heirs male, assigneys and successors of the said Robert and Alexander Bissets, succeeding to them in the lands, barony and others foresaid, by virtue of the tailyie and substitution exprest in the said charter. And it's ordained that whenever and as oft as the lands and others foresaid, or any part of the same, shall fall in ward and nonentry and that the relief and marriage of the heirs and successors shall fall in the hands of his majesty or his successors, that then and as oft the said heirs male, successors and assigneys of the said Robert and Alexander Bissets and their tenents for the time shall not only possess the same during the haill space of the ward and nonentry, with the haill profites thereof and the haill benefite of the relief and marriage, but also it shall be lawfull to the heirs male and other successors and assigneys of the said Robert and Alexander Bissets to obtain themselves served, retoured, entered, infeft and seased at any time of their age, even tho in minority, without any dispensation, in the lands and others foresaid erected in manner abovementioned, notwithstanding the same are holden ward, for payment yearly at two terms Whitsunday and Martinmass by equal portions of the sum of one hundred and ninty pounds Scots money for the ward and nonentry, or any of them when they shall happen, and of the like sum for the relief, with the sum of three hundred and eighty pounds for the said marriage or marriages of the heir or heirs, when the samen respective shall happen to fall, which several sums his majesty, with consent foresaid did, by the said charter, esteem reasonable for the values and profites of the said ward, nonentry, relief and marriage respective, in manner fully exprest by the said charter, together with the precept of seasine therein contained and instrument of seasine following thereupon, in all and sundry heads, articles, clauses, provisions and conditions of the same. And her majesty, with consent of the estates of parliament, wills and grants and, for her and her royal successors, statutes and ordains, that the foresaid charter and infeftment to follow thereon shall be good, valid and sufficient rights, conform to the tenors of the same, to the said Robert and Alexander Bissets, and the heirs male and other heirs, successors and assigneys mentioned in the foresaid charter, for possessing and enjoying the touns, lands and others particularly above and therein mentioned erected as is abovewritten, without stop or impediment, in so far as concerns the interest of her majesty or her successors, and that the same shall never be quarrelled by her or them in time coming, and also that this present general ratification is and shall be as effectual and sufficient to the said Robert and Alexander Bissets and the heirs male, and other heirs, successors and assigneys mentioned in the said charter, as if the seasine thereon were already taken, and as if the samen charter and seasine were word by word insert herein, with the not inserting whereof and with all other objections that may be proponed against the validity of this present ratification or rights hereby ratified, her majesty, with consent foresaid, hereby dispenses for ever. Extract.
Then the lord chancellour, by order of her majesties' high commissioner, adjourned the parliament till Friday next at ten a clock.