[1706/10/335]*[print] [email] [cite] [preceding] [following]
Prayers said. Rolls called.
Minuts of the last sederunt read.
A letter from her majestie to the parliament was presented by the lord chancellor and read, aquainting the parliament that her majestie had impowered her commissioner to consent to ane act dissolving all mines and mineralls within the dukedome of Queensberrie from the crown in favors of the duke of Queensberrie and his successors in manner therein exprest.
[1706/10/336]*[print] [email] [cite] [preceding] [following]
My lords and gentlemen,
Anne R[egina],
We have thought fit to impower our right trusty and right intirely beloved cousin and councellor James, duke of Queensberry, our commissioner to the present parliament, to consent to an act dissolving all mines of gold, silver, tinn and other mineralls of whatever nature, within the dukedom of Queensberry and baronies thereto belonging, from the crown of that our ancient kingdom, and patrimony thereof, to the end that the same may be disponed by us and our royall successors to the said James, duke of Queensberry and his successors in the said estate, in such manner, to be holden of us and our saids royall successors for payment of such few dutys as we and our saids royall successors shall appoint, for all burden, exaction or demand in the most free and absolute manner; and also, granting to the said duke and his heirs such other immunities, privileges and exemptions as have been granted to our right trusty and well beloved cousin and councellor the earle of Hopetoun and his heirs, whereof we thought meet by this speciall letter to acquaint you, that our estates of parliament may be the more assured of our royall pleasure in the matter abovewritten, and that our right trusty and right intirely beloved cousin and councellor, who represents our royall person in this parliament, may proceed with greater authority. And so we bid you heartily farewell. Given at our court at Kensington, the 23rd day of January, 1706/7, and of our reign the 5th year.
By her majesties' command, David Nairne
To the noblemen, and to the barons commissioners for shires, and to the commissioners for burroughs assembled in parliament in our ancient kingdom of Scotland.
[1706/10/337]*[print] [email] [cite] [preceding] [following]
Whereupon ane act of dissolution of the mines and mineralls within the dukedome of Queensberrie from the crown was given in and read, and a first reading was ordered to be marked thereon.
Thereafter the six clerks of session were recomended to her majestie and to the lords commissioners of her majesties' thesaurie and exchequer, and other mannagers of the publick revenues, for payment of the gratification allowed to them by the parliament for their paines and services in the termes of a recomendation thereanent.
[1706/10/338]*[print] [email] [cite] [preceding] [following]
At Edinburgh, the tenth day of March, jM vijC and seven years, anent the representation given in and presented to her majesties' high commissioner and the estates of parliament by Sir James Dalrymple, Mr John MacKenzie, Alexander Gibson, Sir James Justice, Mr Robert Alexander and James Hamilton, the six clerks of session, humbly shewing that a remuneration be granted to the said clerks of session for their extraordinary pains and attendance, in frequent and long sessions of parliament since the year jM vjC and ninty, which have commonly been holden during the sitting of session, whereby the profitable part of their imployment has been considerably diminished, or sometime totally superceded when the summer session was adjourned in the years jM vjC and ninty three and jM vjC and ninty five, and by partiall adjournments thereof in the year jM vjC and ninty eight and jM vijC and four, and by the adjournments of the winter session for three moneths from the first of November jM vijC and now for three moneths during the present session of parliament, which long sessions of parliament and adjournments of session was ane emergent damnadge for the publik service, which never happened to them nor their predecessors in office in former times when by the sitting of the parliament the session was not adjourned. It was, therefore, humbly conceaved that two hundred pounds sterling for each of the said clerks was a moderate remuneration, and it was hoped his grace and their lordships would ordain payment thereof out of such funds, as they should think proper, as the said representation bears. Which her majesties' high commissioner and the said estates, having heard and considered on the twelvth of February last, they granted to each of the saids clerks the sum of two hundreth pounds sterling as a remuneration for their bygone services in attending the parliament and losses sustained by them through the frequent interruptions of the sitting of the session, and declared that, before ending this session of parliament, they would determine the manner of payment thereof. And her majesties' commissioner and the said estates of parliament, having accordingly again on this day considered that by the forsaid deliverance on the abovementioned representation made to them by the six clerks of session, they did give to each of them the sume of two hundred pounds sterling as a remuneration for their bygone services in parliament and the losses they have sustained by the frequent interruptions of the sitting of the session, and declared, that before ending of this session of parliament, they would determine the manner of payment thereof, and having also considered that they cannot determine a fund for present payment of the said sum, but being resolved that the same shall be effectually secured and payed, did therefore declare, and do by thir presents declare, the said sum of two hundred pound sterling to each of the saids six clerks of session to be a publick debt and recommended and hereby recommend them to her majestie or the lords commissioners of thesaury and exchequer or other manadgers of the publick revenue for payment thereof out of what effectual fund her majestie shall think fit.
[1706/10/339]*[print] [email] [cite] [preceding] [following]
Act in favors of the earle of Buchan, read a second time and voted and approven.
Upon a petition for the earle of Hume, Sir David Dalrymple was allowed to plead for him in the action at the instance of Sir Patrick Hume against the said earle, and the second sederunt after this appointed for hearing the said action.
[1706/10/340]*[print] [email] [cite] [preceding] [following]
Report brought in from the committe to whom it was remitted the fifth instant to reconsider the accompt due to the Indian and Affrican Company, was read, whereby (deduceing the annual rents formerly allowed by the company) the totall of the sums due to the company of stock, interest and debts, at the first of May nixt, will only extend to £232,884 05 2/3 starline.
And after some reasoning thereon the vote was putt, approve of the above sum as the quota, yea or not, and it caried approve.
Thereafter, it was moved that seeing the quota due to the Indian and Affrican Company was now established, that the distribution of the above quota shall be committed to the commissioners apointed or to be appointed for dissposeing the equivalent, who are to be under the same obligations and qualifications and lyable to the same diligence to the severall proprietors and creditors of the company as is contained in the report of the committee.
And it was also moved that the above haill quota shall be payed in together to such persons as are or shall be appointed by the councill generall or directors of the company for distributing thereof in the above termes.
And, after some debate, a vote was stated, whither the quota due to the Indian and Affrican Company shall be payed by the commissioners for disposing of the equivalent, who shall be lyable conjunctly and severally in solidum to a charge of horning as upon forraigne bills and inland precepts, and that the payment shall be made by the saids commissioners to each particular proprietor without delay, loss or defalcation, and that the saids commissioners, nor any of them or any other in their name, upon their accompt or for their behoove, shall not take right to the saids debts or make compositions or transactions thereanent, under the paine of infamie and other paines of law; or to persons to be apointed by the councill general and directors of the company.
[1706/10/341]*[print] [email] [cite] [preceding] [following]
But befor voteing, it was agreed that the members' votes shall be marked, and that the list of their names as they shall vote be printed and recorded.
Then the vote was putt, whither the money shall be payed by the dissposers of the equivalent to the proprietors or to persons to be apointed by the councill generall, and it caried to the proprietors.
[So] in the parliament the eleventh of March 1707, a vote was putt, whither the quota due to the Indian and Affrican Company shall be payed by the commissioners for dissposeing of the equivalent to the respective proprietors and creditors of the said company, or to persons to be apointed by the councill generall and directors of the said company, and it caried to the proprietors, and the list of the members' names as they voted (ordered to be printed) is as follows.
[1706/10/342]*[print] [email] [cite] [preceding] [following]
To the proprietors
To persons to be apointed by the council generall
[1706/10/343]*[print] [email] [cite] [preceding] [following]
Ordered that the directors of the Indian and Affrican Company shall, betwixt and the first day of May nixt to come, make up exact lists of the respective debts which then falls due to the severall proprietors of the said company, or to such persons to whom the samen is transferred by the first proprietors, and that the said lists so made up shall be subscribed by five of the directors, and by them be delyvered in to the managers of the equivalent betwixt and the said day.
As also, ordered that the said directors shall when required give out to every proprietor, or persone in whose favors transferances are or shall be made, exact abbreviats of the particular sumes which falls due to each of them at the said first day of May next, subscribed by three of the said directors, and that gratis, in order to the proprietors or persones to whom the same is transferred their demanding payment thereof or using dilligence therefor.
Ordered lykwayes that the said directors shall, betwixt and the said first day of May nixt to come, make up ane exact accompt of all debts due by the said company and to whom and of the extent of every creditor's debt at the said first day of May nixt, and that they shall, betwixt and the said day, delyver to the dissposers of the equivalent the said accompt duely subscribed by five of the said directors. As also, that they shall give out to every creditor ane abbreviat of the particular debts due to him gratis, which is to be subscribed by three of the said directors to the effect forsaid.
Ordered that dilligence shall pass and be directed at the instance of the disposers of the equivalent against the directors of the said company for recovering of exact lists and accompts of all the debts of the company immediatly after the said first day of May nixt in case of their deficiencie.
Ordered also that the said directors shall, betwixt and the said first day of May nixt, make up and deliver in as above exact lists and accompts of the dead stock of the said company, and that the said directors shall have allowance of the soume of 300 lib sterlin out of the first and readiest of the pryce of the companies house to be disposed of by them for defraying the charges of making up the lists and accompts.
[1706/10/344]*[print] [email] [cite] [preceding] [following]
And, upon a petition given in by Captain Colin Campbell, Captain Charles Stewart, Leiuetennant Robert Turnbull, who were sufferers and losers in the companies expedition and service, there was a sume allowed to them out of the said dead stock, conforme to ane interlocutor on their petition.†
Agreed also that upon the commissioners for dissposing the equivalent their receaving of the above soume of £232,884 5 2/3 starline, there shall be a proclamation issued from the privy councill certiorating the leidges that the said soume is in their hands and thereupon agreed that the said company be dissolved.
[1706/10/345]*[print] [email] [cite] [preceding] [following]
Report brought in from the committee anent the coyne was read, and the furder consideration therof delayed till nixt sederunt of parliament.
Then the lord chancellor, by order of her majesties' high commissioner, adjourned the parliament till to morow at ten of the clock.