[1706/10/88]*[print] [email] [cite] [preceding] [following]
Prayers said. Rolls called.
Minuts of the last sederunt read.
Then the following addresses were given in and read, viz. Address of the barons, freeholders and others within the sherifdom of Roxburgh, subscribers of the same; address of the magistrats, toun council and others inhabitants of the burgh of Annand, subscribing the same; address of the magistrats, toun council and others inhabitants of the burgh of Lochmeben, subscribers of the same; and an address of the paroch of Lasmahago, subscribers of the same, all against an union with England in the terms of the articles.
[1706/10/89]*[print] [email] [cite] [preceding] [following]
Thereafter an overture for an act for encouraging the exportation of victual, read and ordered to be printed.
As also another overture for an act for encouraging the export of victual, fishes, beef and pork was given in and ordered to be printed.
[1706/10/90]*[print] [email] [cite] [preceding] [following]
Thereafter a petition and draught of an act in favors of the burgh of Dundee for an imposition of two pennies Scots upon the pint of all ale and beer brown and vended within the bounds, and for the ends therein mentioned, both read and a first reading ordered to be marked on the act.
As also a petition of the magistrats, toun council and community of the burgh of Aberdeen, and a draught of an act in their favors for continueing an imposition on wine and ale etc. granted to them by a former act, and a first reading ordered to be marked on the act.
As also the following draughts of acts were given and read, viz. act in favors of the burgh of Kirkcaldie; act in favors of the toun of Borroustounness; act in favors of the burgh of Dysert; act in favors of the burgh of Burntisland; act in favors of the burgh of Saint Andrews; act in favors of the burgh of Kinghorn; and act in favors of the burgh of Elgine, all for an imposition of two pennies Scots upon the pint of all ale and beer to be brown and vended, within the respective bounds and for the ends therein mentioned, and a first reading ordered to be marked on each of the said acts.
[1706/10/91]*[print] [email] [cite] [preceding] [following]
Petition for the Lord Duffus craving a competent time to enter heir cum beneficio inventarij to his father, read, and a vote being stated, grant the desire of the petition or not, it carried grant, and the petitioner was allowed to enter heir at any time within six months from this date, conform to an interloquitor on the petition as follows.
[1706/10/92]*[print] [email] [cite] [preceding] [following]
Her majesties' high commissioner and the estates of parliament, having heard the petition of Kenneth, lord Duffus, humbly shewing unto them that where by the twenty-fourth act of the fifth session of King William's parliament it is statute and ordained that all apparent heirs shall have free liberty and access to enter heir to their predecessors cum beneficio inventarij, providing the apparent heir give up inventories within the year and day prescribed by law for apparent heirs to deliberat, which benefite of entering by inventory the petitioner had embraced, but that he was necessarly hindered being out of Europe upon the queen's service, and that his father, the late Lord Duffus is not above fifteen months dead, it is not above seven months since the petitioner could know of his death, the petitioner does still incline to make use of the benefite of this law. Yet seeing there may afterwards some scrouple arise because year and day is elapsed, he is forced to give his grace and the honourable estates of parliament the trouble of the said petition that they may please to prorogat the year and day prescribed in the act, and allow the petitioner to enter cum beneficio in terms of the same, which he humbly expects his grace and the honourable estates of parliament would grant, considering: primo, that the petitioner was necessarly absent in the West Indies in her majesties' service; secundo, that the late Lord Duffus died in September jM vijC and five and that it is not above seven months since the petitioner could have known of his death, which is the only time that prescription should begin against the petitioner; tertio, the parliament was pleased to grant the earl of Buchan the like priviledge, tho his lordship's case was not quite so favourable; and lastly, that no person whatsoever can pretend any prejudice or harm by the petitioner's entering heir in manner foresaid, seeing by the form prescribed in that act all fraud is sufficiently cautioned against. And therefore, craveing his grace and the honourable estates of parliament to allow the petitioner to enter cum beneficio inventarij in the terms of the foresaid act of parliament, as the said petition bears. And her majesties' high commissioner and the said estates of parliament, having fully considered the said petition and being therewith well and ripely advised, they allowed and hereby allow the petitioner to enter heir cum beneficio inventarij anytime within the space of six months from the date present, declaring the same as effectuall to all legal intents as if he entered within the year and day of his father's decease, and ordained and hereby ordain this case to be a particular exception in the petitioner's favor from the act salvo jure to be past in this session of parliament.
[1706/10/93]*[print] [email] [cite] [preceding] [following]
Petition for the chancellor, rector, principal, professors and masters of the King's College of Aberdeen craving a provision for a professor of mathematicks in the said college, read; as also, an overture for an act in their favors for a fourth part of a months cess to be a fund for a sallary to the said professor also read, and the overture ordered to be printed.
Petition for George Lockhart of Carnwath for altering a high way in order to his incloseing of ground for a convenient park, read, and the desire thereof granted and the petitioner allowed to alter the said high way conform to the deliverance on the petition, which is as follows.
[1706/10/94]*[print] [email] [cite] [preceding] [following]
Her majesties' high commissioner and the estates of parliament, having heard the petition of George Lockhart of Carnwath, humbly shewing unto them that whereas the petitioner designing to inclose a large piece of ground at Anston in the paroch of Dunsyre in the upper waird of Clidsdale [he] will be mightily obstructed in his said designe by a high way which passes through the same, and since the said high way is only a privat road, being a nearer cut towards Lanerk than the principal high way, and that, by throwing the said high way about the said designed inclosure, it will not be above half a mile further than at present, and the new proposed road, to be made at the sherif's sight by the petitioner as good as at present, and that no detriment can arise to any person since the whole ground does belong to the petitioner, except a small piece which belongs to one of his vassalls whose damnages thereby the petitioner is willing, at the sherif's sight, to repair, the petitioner did, therefore, earnestly beg and entreat that his grace and honourable estates would be pleased to allow and order the said alteration of the said high way upon the petitioner's at the sight of the sheriff, making as good and sufficient a road as at present, and repairing all damnages that may arise to any other person by the said high way's passing through and prejudiceing their grounds, as has lately been allowed to the earl of Melvill, the Lord Ross and Sir David Cunninghame, as the said petition bears. And her majesties' high commissioner and the said estates of parliament, having fully considered the said petition and being well and ripely advised therewith, they granted and hereby grant the desire thereof and allowed and hereby allow the petitioner to alter the way abovementioned, he always making the same as good and sufficient a road as the present way is, and repairing all parties' damnages through whose grounds the said way shall go, and that at the sight of the sherif of the shire.
[1706/10/95]*[print] [email] [cite] [preceding] [following]
Then the sixth article of the union was read and, after some reasoning thereon, there was a proposal given in for adding the following clause to the end of the sixth article, viz. except in so far as shall be rectified by this parliament upon the consideration of the subsequent articles.
Which, being read and discoursed upon, there was another proposal given in for enlarging and explaining the said sixth article in these terms, viz. And seeing by the laws of England now standing there are rewards granted upon the exportation of certain kinds of grain wherein oats is not specified, that from and after the union when oats shall be at fifteen shillings per quarter or under, there shall be paid two shillings and six pence for every quarter of oatmeal exported in the terms of the laws whereby rewards are granted for exportation of other grains, and in respect there is a duty upon oats imported into England but no duty upon oatmeal, the importing of which is a prejudice and discouragement to tillage, therefore that, from and after the union, the quarter of oatmeal be decerned equal to three quarters of oats and pay duty accordingly when imported to Scotland from any place whatever beyond the sea.
Which, being likeways read, after some further reasoning, it was moved that the observations, in relation to the balance of the trade of this nation, made by the council of trade should be laid before the parliament. And after debate thereupon, the further consideration of the said sixth article and motions was delayed till the next sederunt of parliament, to be then resumed previous to all other business, and ordered that the observations made by the councill of trade be then laid before the parliament.
Then the lord chancellor, by order of her majesties' high commissioner, adjourned the parliament till to morrow at ten of the clock.