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Prayers said. Rolls called.
Minuts of the last sederunt read.
James Cunningham of Auchinharvie, younger, was upon his petition recommended to her majesty in the terms of the deliverance thereon.†
The lord president and remanent lords of council and session recommended in a special manner to her majesty for the augmentation of their sallaries conform to a recommendation apart.
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A motion being made by the lord marques of Montrose, lord president of the privy councill, that seing the present sallaries of the president and remanent lords of session were long since setled and that great alterations have happened in the value of money and pryces of all things whereby these sallarys are now become disproportioned to the dignity, pains and expense of that trust, and that the sallarys being out of different funds do require charge and trouble to collect and recover them, and also seing that in this parliament there is a new addition made to their labour, the jurisdiction of the commission for plantation of kirks and valuation of teynds being transferred to the session, it might be humbly recommended to her majestie by this house, in her great wisdom to make furder provision for the said lord president and other lords of session, their sallarys out of some sure fund and so as their sallarys may be paid easily, to which motion the house did aggree and did recommend to my lord high commissioner to lay this their humble request before her majesty.
Seafield, I.P.D.P.
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The massers and clerks' servants and keepers and servants of the house recommended to the lords of her majesties' thesaury for a gratification for their attendance and service this session of parliament, conform to deliverances on their respective petitions.†
James Steven, usher, likeways recommended to the lords of thesaury upon a petition conform to a deliverance thereon.†
William Bayne, upon a petition, recommended to her majesty conform to the deliverance on the said petition.†
[1706/10/415]*[print] [email] [cite] [preceding] [following]
Acts of ratification in favours of several persons read and pass'd.
Protestation taken in favours of the duke of Hamilton against one of the above ratifications in favors of the duke of Douglas in so far as concerns his first vote in parliament and other precedencies therein mentioned.
As also severall warrands for fairs etc. read and granted.
Ordered that the fairs granted this session of parliament if not extracted within six moneths shall be void and null.
[1706/10/416]*[print] [email] [cite] [preceding] [following]
Act† ratifying a chartor under the great seall† of the date at Kensingtoun, the tenth day of March instant, granted by her majesty, with consent of her commissioners of thesaury and exchequer, to Archibald, duke of Douglas, and his heirs and others therein mentioned, heretably and irredeemably, of the lands, lordships, regalities, barronies and others particularly and generally therein exprest, with all the dignities enjoyed by the deceased Archibald, earle of Angus, or his predecessors, and specially the first vote in parliament, leading the vann the day of battle and carrying the crown in parliament, all formerly united in the earldom of Angus and of the lands and barrony of Dudupe, comprehending the severall lands, office and others therein specified, proceeding on the resignation of him and his tutors and containing a new gift of the haill with a disjunction of the lordship and barony of Douglas, and others from all sheriffdoms, regalities and other jurisdictions, and ane union thereof, in the regality, lordship and barony of Douglas, and also ane erection of the lands of Dudupe and others therin specified in the regality, lordship and barony of Dudupe, with the jurisdiction of regality, chappell, chancellary and justiciary, escheats of the vassalls and inhabitants and other priviledges belonging to the saids severall regalities, and sicklyke ane erection of the burgh of Douglas in a burgh of regality, and of the burgh of [...] in another free burgh of regality to be called the burgh of regality of Dudupe, which is thereby ordained to be the head burgh thereof, with the priviledge of mercats and fairs of the saids severall burghs, as is mentioned in the said chartor, which contains also a gift and disposition of the mynes and mineralls within the barony of Robertoun and the said regality of Dudupe, and ane union of the haill earldom, lordships, regalities, burghs and others therein specified in ane dukedome, marquisate, earldom, lordship and barrony of Douglas and Angus, ordaining the castle of Douglas to be the principall messuage therof, and one sasine by earth and stone therat, or at any part of the said dukedome, to be sufficient for the haill, declairing that the said union shall not prejudge his priviledges and dignities belonging to him as earl of Angus, or otherways to be holden of her majesty for payment of the severall duties therin exprest, by which chartor the feu and taxtward holding of the barony of Douglas and others is changed to a blench holding for payment of ane penny Scots money yearly together etc. Extract.†
Protestation [of] the duke of Hamilton against the same.
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Acts for fairs and weekly mercats in favours of several persons. Order that the fairs and mercats granted this session of parliament, if not extracted within six months, shall be void and null.†
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It being moved to recommend Mr [...] Paterson to her majesty for his good service, after some reasoning thereon, it was put to the vote recommend him to her majesty or not, and it carried recommend.
[1706/10/444]*[print] [email] [cite] [preceding] [following]
Alexander Baillie, servant to the lord register, recommended to the lords of thesaury on a petition conform to deliverance thereon.
At Edinburgh, the 26th† day of March, 1707 years, her majesties' high commissioner and the estates of parliament, having heard the petition of Alexander Baillie, servitor to the lord register, humbly shewing that after the great fire in February 1700, which occasioned the transporting, for preservation, all the records and warrands from the lower parliament house to the old church, the confusion that happened thereby gave the petitioner, who was intrusted with the keeping of them, continual labour since, in putting them in the order, wherein they now are, which is much better than ever formerly, many of them, even before that time being altogether in disorder, as is known to many of the honourable members, and making up a new inventary of all the books of registers, which he did without geting any allowance; and further in September 1702, when a committee of privy council had inspected the records in the lower parliament house, for discovering what writs and papers lying there might be necessary for the then intended union, their lordships of the council did order a particular book of register, of all the publick writs which had been inspected by their committee, to be made, and extracts of any of the saids writs, when called for, to be given to the commissioners of treaty, and for so doing, there was a recommendation to the thesaury. Yet the petitioner had received nothing, altho' that in obedience to that order he did at that time, on his own expence, deliver to Sir David Dalrymple, her majesties' solicitor, extracts of many of the saids old writs, and since that time had been at pains of searching for all the publick writs and treaties betwixt this kingdom and that of England, France and other nations, that could be found, and had made up a register thereof which was therewith produced. Craveing, therefore, his grace and the honourable estates of parliament to appoint such a sum as should be thought a competent allowance for the petitioner's pains and charges in putting the records in order, making a new inventory of the books, making up the said register, and giving furth extracts, as said is, to be paid out of some certain fund as his grace and their lordships should judge proper, as the said petition bears. And her majesties' high commissioner and the estates of parliament, having heard this petition, they recommended and hereby recommend the petitioner to the lords commissioners of her majesties' thesaury for a further gratification and reward of his pains and service mentioned in this petition. Extracted from the warrants of the records of parliament in the lower parliament house by one of the principal clerks of session, having commission for that effect from the lord clerk register.
[1706/10/445]*[print] [email] [cite] [preceding] [following]
The following acts, viz: act in favors of the incorporations of Edinburgh for a maiden hospital; act in favors of the toun of Dundee; act in favours of the toun of Aberdeen; act in favors of the duke of Hamilton and toun of Borroustouness; act in favors of the burgh of Kirkcaldie; act renouncing the reversion of Kirklands; act in favors of the burgh of Kinghorn; act for clearing the passage through the Mary Wynd in the burgh of Stirling; act in favors of the earl of Linlithgow and Callendar; act in favors of the Lady Littlegill and her son; act of naturalization of John Henry Huguetan; act for naturalization of several forreigners; act for preserving the game; act in favors of the earl of Buchan; act of dissolution of the mines and mineralls belonging to his grace the duke of Queensberry; act for burying in woolen; act in favors of the maiden hospital founded by the company of merchants and Mary Erskine; act concerning the payment of the sums out of the equivalent to the African Company; and act concerning the publick debts, were all touched with the royal scepter by her majesties' high commissioner in the usual manner.
[1706/10/446]*[print] [email] [cite] [preceding] [following]
Our soveraigne lady, with advyce and consent of the estates of parliament, considering that ther is a pious and laudable designe now carying on by the incorporations of the craftsmen of Edinburgh and others who joyn with them and authorized by the town councill of the said burgh, by ther act dated the thrid day of May, one thousand, seven hundred and four years, for founding and erecting a hospitall for the mantenance and education of the female children and grandchildren of decayed craftsmen and others to be presented by persones who gives donations therto, which may be of generall advantage and especially to the city of Edinburgh, therfor, her majestie, with advyce and consent forsaid, doe hereby allow and authorize the said incorporations of the craftsmen of Edinburgh, and others joyning or who shall joyn with them, to meet as oft as occasion requyres and to make such rules and constitutions for the carying on and supporting of the said hospitall allenerly as they shall find just and convenient, as also to settle such funds as weell out of ther publict boxes belonging to their respective administrations as private estates as they shall think fitt, and to receave mortifications or donations from any persone who shall be pleased to contribute thereto, the saids rules and acts to be made by them being alwayes consistent with the lawes of the kingdome, and with the acts and constitutions of the city of Edinburgh; and statuts and ordains the saids rules and constitutions to be made by them to be as valid and effectuall, to all intents and purposes for the ordering and governing of the said hospitall abovementioned, as if they were particularly exprest and sett down in this act, wheranent, her majestie, with advyce and consent forsaid, dispenses for ever. And farder her majestie, with advyce and consent forsaid, ordains and declares the forsaid hospitall, when sett up and settled in its constitutione and directors and overseers, to be a frie hospitall for the pious use forsaid, with power to the said hospitall and its overseers and directors, not only to administrat the fonds and rents appertaining therto, bot lykewayes to purchass and acquyre lands, tenements and others for the farther good and advantage therof; and, for that end, to make, grant and receave all manner of deeds and wryts necessary for that effect, and to have a seal if they shall think neidfull, and with such inscriptions as they shall appoint for the confirmation of the saids deeds, and generally to have all such powers, liberties and immunities of a frie hospitall for pious uses as any other hospitall for the lyke uses hath, or by the law may have within this kingdome.
[1706/10/447]*[print] [email] [cite] [preceding] [following]
At Edinburgh, the twenty fifth day of March, jM vijC and seven years. Our soveraigne lady the queen's majestie, with the advice and consent of the estates of parliament, takeing unto their serious consideration the great and unsupportable debts, extreame distress, manyfest decay and iminent ruine of the royall burgh of Dundie, partly contracted and occasioned in the time of the troubles in King Charles the first his reigne, they being then obleidged, by publict authorite, to fortifie the toun upon their oun expenses, and partly by the sad callamity and loss the toun sustained in the year jM vjC and fiftie one threw its being stormed and taken in by the then usurper, wherby the said burgh was pillag'd and plundered in a most lamentable manner; as also the vast damnages and losses the toun sustained by the beatting doun of its harbour, the necessar reparation whereof was exceeding expensive and burdensome, [and] moreover the great charges which the toun was at by the marching and countermarching of troups throw the burgh about the time of the revolution, with the universall decay of trade, especially in that place. Therfore, her majestie, out of her royall care and bounty for the releiff and support of the said toun doth, with the advice and consent of the saids estates of parliament, give, grant and dispone to the said toun of Dundie, provost, baillies, magistrats and councill and community therof, and their successors in office, for their use and behooff, ane imposition of two pennies Scots upon the pint of all ale and beer to be either brown or in brought, topt, vended and sold within the said toun and Hilltoun of Dundie and other liberties and suburbs therof (and that over and above the queen's annexed excyse) commenceing from the date of thir presents, and thence to endure for all and haill the space of twentie-four years therefter, imposeing and ordaining the same to be payed to the said toun and magistrats and councill therof by the brewars, vintiners, sellers, topers and retaillers of the said ale and beer dureing the haill space and years above exprest, and the same to be uplifted, payed and ingathered weekly, monethly, quarterly as the forsaid magistrats and toun councill shall think fitt to prescryve and order, strictly hereby appropriating and appointing the forsaid imposition and product therof for the payment of the toun's debts and, with this provision, as it is hereby expressly provided and declaired, that the said imposition is and shall be burdened with the sum of twelve hundred pounds Scots money yearly for the space of six years to be payed to Mr James Andersone, writer to the signet, or his assigneyes, as a part of the expenses of the work recommended by the parliament to him, and that at two termes in the year Mertimass and Whitsunday, beginning the first termes payment at Mertimas jM vijC and seven years, and ordains the magistrats of the said burgh to make payment of the same accordingly. And her majestie, with advice and consent forsaid, ordains formall books to be kept by the toun thesaurer containing ane particular and exact accompt of the product of the said imposition and yearly application therof for the ends above specified, in manner aftermentioned, and that separat and apairt from any other books containing the toun's common good or other revenues, and which books shall contain in the beginning a full, faire and true list of the toun's debts principall and annualrents due at Mertimas jM vijC and six years, and of the bonds granted therfor, and of the persons, names and designations to whom the same are due, and that the present magistrats shall delyver ane subscryved double of the forsaid list of debts in order to its being recorded in their guildrie books to the intent the same may be exposed to the view of all concerned, especially to the burgers of the said toun, with the whole accompts and rolls relative to the said imposition, in order to the said burgers and others concerned in the said toun their takeing exact tryall of the verrity, justnes and extent of the saids debts and imposition, and how the same was yearly applyed in such manner and by such persons as shall be appointed by them for that effect, and that how soon any advantage shall arrise to the said burgh by the above imposition now granted in their favours that then, and immediatly after the expyration of each year therof, at least betuixt and the first day of January after the said expyration, the said magistrats and toun councill shall be holden and obleidged to make payment of the neat product of the said imposition for disburdening of the toun of the haill bygone annualrents of the principall soumes and minesters' stipends resting owing preceeding Mertimas jM vijC and six years in the first place and that conforme to a list therof herewith given in and which is to be recorded in formal books, as above, and in the nixt place for paying the principall soumes themselves proportionally, and effeiring to the extent and yearly product of the forsaid imposition. And her majestie, with advice and consent forsaid, ordains the neat product and accompt of the forsaid imposition to be made up betuixt and the first day of Januwary yearly after the expiration of ilk year, and discharges of annualrents bygone ministers stipends and bonds to be retired yearly conforme to the extent and product of the said imposition and that betwixt and the first day of February therafter that the same, with the other revenues of the toun shall, dureing the time of the act, be manadg'd and disposed of at the sight and by the advice of the persons following, to wit the provost of Dundie and six of the toun counsill nominat by the toun councill yearly, wherof fyve to be a quoram, and by fyve creditors, not councillours, chosen by the creditors, three whereof to be a quorum, by three maltmen, not councellors, chosen by the maltmen and by the authoritie of the dean of guild, two whereof to be a quorum, and by two tradsmen, not councellors, chosen by the conveener and trades, one whereof to be allwise present, and all which to be yearly chosen, and the said joynt committies, or their respective quorums, to meet quarterly by advertisement from the provest of the burgh for the time, and the yearly clearing of accounts to be in the presence of the earles of Strathmore, Panmure, Northesque and Lord Balmerrino, Mr Francis Montgomrie of Giffan, Mr Patrick Lyon of Auchterhouse, Mr Henry Mauld of Kellie, Mr James Carnegie of Phinhaven, James Halyburton of Pitcurr, Thomas Fothringame of Pourie, David Graham, younger of Fintrie, [...]† Duncan of Lundie and John Scrimsar of Kirktoun, or any of them who shall please to inspect the same, they allwise haveing advertisment from the provest or baillies of the said burgh for the time of the said dyet of meeting, as said is, that so the debts may be yearly diminished and bonds cancelled and dilate out of the list of debts due be the said toun, beginning the first terme's instruction of the said payment at the terme of Candlemass jM vijC and eight years and that for the year preceeding and so furth to continue, dureing all and haill the space of this act, and that there shall be publict intimation given to the haill merchants of Dundie to be present at the said annuall meeting upon the [...] day of [...] yearly in order to their full satisfaction anent the neat product of the forsaid imposition, and due application therof, for payment of the toun's debts in manner above exprest. And furder it shall be leisome and lawfull to all or each burger of the said toun, and they are hereby authorized and impowered to prosecute the saids magistrats who shall not apply the forsaid imposition in the termes of this act and who are hereby declaired lyable in repetition and payment of whatever pairt of the above soumes appointed to be payed yearly, as aforsaid, shall be unpayed or suffered to perish or become improfitable by them through there neglect or negligence, and that before any judge competent and for payment of the expenses in the pursuite according to the pursuer his oath in litem without any manner of diminution or modification. And lastly her majestie, with advice and consent forsaid, doeth nominat and appoint the persons above specified, each of them in their oun classes and their respective joynt commites and quorums of them, to be overseers of the said new imposition and manadgement thereof in manner particularly above mentioned. And its hereby declaired that it shall be leisome to the saids magistrats and toun councill to ferme and sett in tack the said imposition by way of publict roup at the sight of the above overseers or their joynt quorums, without whose consent it is also declaired that the saids magistrats cane contract no debt for the time forsaid whereby the said toune may be farder burdened.
Extracted furth of the records of parliament in the lower parliament house by me David, earl of Glasgow and lord clerk register. Glasgow, clericus registri.
[1706/10/448]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering a petition given in by the provost, baillies and council of Aberdeen representing the expence they have been brought to by the reparation and building of a bulwark for supporting their harbour, by the reparation of their prison and expence they will be put to in bringing water in to the toun, by which, and their former debts, they are reduced to straits, and therefore craving a prorogation of a former gift in their favors for the space of twenty-five years after outrunning thereof. Therefore her majesty and estates foresaid do hereby ratifie and approve the said former act in their favors, which is dated the sixteenth day of July, jM vjC and ninety five and, after expiration thereof, prorogat the same for the space of twenty-five years more, to be uplifted and collected by them in such form and manner during the said twenty five years as they shall think fit, they being always oblidged to apply the sum so uplifted, by virtue of this and the former gift, towards the payment of the principall sums due by them in the first place, and that at the sight of the earl of Seafield, lord high chancellour, the earl of Mar, lord secretary, the earl of Erroll, Earl Marischall, earl of Kintoir, the lords Forbes and Fraser, Sir Thomas Burnet of Leyes and the present commissioners to the parliament for the shire of Aberdeen, to whom, from year to year, they are to be accountable for their mannagement, with the burden always of fourty pounds sterling yearly during the continuance of this and the former gift towards a sallary to Doctor Thomas Bowar, regius professor of mathematicks in the King's Colledge of Aberdeen, and his successors in office, payable at two terms in the year Whitsunday and Martinmass by equal portions, beginning the first term's payment at Whitsunday next; and thirty pounds sterling payable at Whitsunday and Marinmass next, by equall portions, to Alexander Baillie, servitor to the lord register or his assigns, in part payment for his great pains and expence in putting in order the records and warrands in the lower parliament house, making inventorys of the books and searching out and writing a register of the old publick treaties betwixt this and other nations, and ordain the magistrats of the said burgh to pay the said respective sums accordingly. And to the effect the said toun of Aberdeen may be the better inabled to pay the said sum of fourty pounds sterling yearly to the said Doctor Bouar and his successors and the said thirty pounds sterling to the said Alexander Baillie, in manner foresaid, out of what arises from the said gift, and in regard they have severall publick and useful works of their own to finish and carry on for the publick utility, therefore, her majesty and the estates of parliament extend the imposition upon liquors mentioned in their said gift to what shall be brown and vended in the old toun of Aberdeen, colledge bounds, Spittle and Seaton, from and after the said term of Whitsunday next, and statut and ordain that all liquors brown and vended in the said old toun, colledge bounds, Spittle and Seaton, from that term and during the continuance of this gift, shall be lyable to the same imposition on liquors that are brown and vended in the New-toun, and that the said toun of Aberdeen, their collectors or tacksmen, may levy, collect and uplift the said imposition during the space foresaid in the same way and manner as they have levyd and collected or shall levy and collect the same from their own brewars and retailers, and declare this act to be as effectuall as if it had been contained in their first gift hereby prorogated.
[1706/10/449]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, takeing to consideration that the toun of Borroustounness is most conveniently situated for trade and the place where both natives and strangers with their ships and vessells resort but, for want of a peer or harbour, many inconveniencies arises, to the great hurt and damnage both to merchants and owners of ships, and goods, being necessitat to load and unload the same by boats and lighters at inconvenient seasons, being oblidged to wait upon tides and calm weather, to the great prejudice of all concerned and to the great detriment of her majesties' revenue by diminution of the duty of damnified goods which frequently falls out upon the reasons above mentioned, all which would be avoided if there were a convenient peer or harbour for loading and unloading in manner foresaid. And considering that the inhabitants of the said toun and parish thereof are desireous and willing that the imposition aftermentioned be granted for building of a harbour at the said toun, as a paper under their hands hath testified, therefore, her majesty, with advice and consent of the estates of parliament, doth hereby allow an imposition of two pennies Scots upon each pint of all ale and beer to be brown and vended within the said toun and parish, to be uplifted and collected by his grace the duke of Hamilton, his heirs and successors or their collectors, and that for the space of nineteen years, and the money so to be uplifted is hereby destinat and appointed for erecting and building the said harbour, and the said duke of Hamilton and his foresaids are to apply the said money for the use and end abovementioned at the sight of William, marquess of Annandale and John, earl of Ruglen, or any one of them, their heirs or successors in case of their decease. And the said duke of Hamilton and his foresaids are hereby authorized to enter to the collection of the said imposition at and after the term of Whitsunday jM vijC and seven, with the burden always of thirty pounds sterling payable at Whitsunday and Martinmass next by equal portions to Alexander Baillie, servitor to the lord register, or his assigns, in part payment for his great pains and expence in putting in order the records and warrands in the lower parliament house, making up inventorys of the books and searching out and writing a register of the old publick treaties betwixt this and other nations, and ordain the said duke and his foresaids to pay the same accordingly.
[1706/10/450]*[print] [email] [cite] [preceding] [following]
Our soveraign lady and the estates of parliament, considering that the burgh of Kirkaldie having, by the building of ane harbour, tolbooth and other publick works, contracted debts far beyond their common good, wherby, and by the great loss the inhabitants have suffered in shipping during the late and present war, they are so impoverished that the burgh is in great hazzard of going to utter ruine to the publick loss of the nation. And seing ane imposition in favours of the burgh of two pennies upon each pint of ale and beer browen and vended, within the priviledges of the same for a suitable time, would be a ready mean for preventing therof; and that the far greatest part of the burgesses and inhabitants (who only can be the sufferers) have, by a writ under their hands, signified their consent therto. Therfor, and for the better enabling the said burgh to perform that dutie and service to the publick, which upon all occasions they have been ready to do, her majestie, with advice and consent of the said estates, authorize and impowers the magistrates and toun counsell of Kirkaldy (or such as they shall appoint) to collect and ingather ane imposition of two pennies (distinct from the excyse payable to her majesty) upon each pint of ale and beer browen and vended, within the priviledges of the said burgh, for the space of twenty-five years from and after Whitsunday next in the year jM vijC and seven, to be applied for the payment of the publick debt of the burgh in the first place, and for repairing the harbour and other publick ends of the burgh in the next place, with full power to the magistrates and toun counsell, or their collector, to poynd and distrenyie, and to use such order for inbringing therof as they are in use to do for any part of their common good; with the burden of twenty five pounds sterling yearly to be payed to the seven macers of parliament for the first four years, and ten pounds sterling yearly to Doctor Thomas Bower, professor of mathematicks in the King's Colledge of Aberdeen towards a sallarie, to himself and successors in the said profession, from the said term of Whitsunday for the haill subsequent years contained in this act; which her majesty, with advice forsaid, decerns and ordains to be payed to him and his successors in office by the magistrates and their collectors at two terms in the year Whitsunday and Martinmass by equall portions accordingly, and that the said two pennies of the pint shall be applied to the uses abovementioned by the said magistrates at the sight of the earles of Rothes, Weems, Leven, Lord Sinclar, or any two of them, their heirs and successors, who are hereby authorized to call the said magistrates and their collectors to accompt for the same.
[1706/10/451]*[print] [email] [cite] [preceding] [following]
Our soverign lady, considering that by the severall annexations of kirklands to the croun the few duties are reserved to the lords of erection, redeemable by her majesty and successors by payment of a thousand merks for each hundred merks or chalder of victuall, and proportionally for every other duty not being naked services, and that this reversion has been no profit to the croun but a let and impediment of all transactions betwixt the lords and fewars theranent, and that the said lords of erection and their successours in their rights have been alwayes most dutifull to her sacred majesty and her predecessors. Therfor, and for the other grounds above written, her majesty, with advice and consent of the estates of parliament, dissolves the said few duties from the crown and rescinds all the acts of annexation therof to the effect the same may remain with the lords of erection, and those having right from them, irredeemably and for ever, and therfore discharges the said reversion contained in the severall acts of parliament and, for her and her successors, renounces the same for ever, and wills and ordains that this generall discharge and renunciation shall be alse valid and effectuall to every person concerned as if they had particular discharges and renunciations apart registrate in the register of reversions and discharges therof. Wheranent and anent all imperfections that may be objected, her majesty, for her self and successors, with advice and consent forsaid, hes dispensed and hereby dispenses for ever, declaring this act shall not preclude her majesty and her royall successors of the right of superiority of the said erections or of any duties, casualties or services prestable by the lords of erection for the samen conforme to their severall rights thereof.
[1706/10/452]*[print] [email] [cite] [preceding] [following]
Our soveraign lady and the estates of parliament, considering that the burgh of Kinghorne, haveing contracted debts far beyond their common good by upholding their ruinous harbour and building a new one not yet finished, which will be of the greatest use and advantage to all passengers coming and goeing from this place to the north of Scotland, and besyds other great losses the inhabitants have sustained in transporting severall of their majestys forces since the revolution and furnishing them horses, which have been quyte ruined and for which they never received any payment, they are so much impoverished that the toun is in hazard of outter ruine; and seeing ane impositione in favours of the said burgh of two pennies upon each pynt of ale and beer brown and vended within the said burgh and priviledges thereof, for a competent number of years, would be a readie mean for inableing the said burgh to finish the said harbure and preventing the ruin thereof by the great losses alreaddy sustained. Therfor, and for the better inableing to perform the duty and service to the publick which upon all occasions they have been readie to doe, her majestie, with advyce and consent of the estates of parliament, authorizes and impowers the magistrats and toun councill of Kinghorne, and such as they shall appoynt, to collect and ingather ane impositione of two pennies upon the pynt of ale and beer brown and vended, within the said burgh and priveledges, for the space of tuenty-four years from and after the first day of May nixt to come, to be applyed for payment of the debts contracted in advanceing of the said harbure, and to be contracted for finishing thereof in the first place, and in the nixt place for payment of the publick debts of the burgh, with full power to the saids magistrats, toun councill and such as they shall appoynt to poynd and distrenyie, and use such order and execution for inbringing thereof as they are in use to doe for their common good, which imposition of two pennies upon the pynt of ale and beer, dureing the space forsaid, is hereby declaired to be over and above and distinct from the annexed and additionall excyse payable to her majesty, the saids magistrats being obleidged to apply annually what arises from the said impositione in order and to the uses aforsaid att the sight of the earles of Weems, Strathmore, Leven and Melvill, and their airs or any two of them, who are hereby authorized to audite the accounts of the said impositione and to discharge the magistrats upon such charge and discharge to be given in by them, as the saids earles shall see just. And its hereby provyded and declaired that the forsaid imposition shall be burdined with the payment of six hundred pounds Scotts to William Wilsone, one of the under clerks of session, and that for a year and a half's sellary due to him as under clerk of privie councill from Whitsunday 1689 to Martinmess 1690 and for the extraordinary pains and expences he was putt to for the exigency of the government dureing that tyme, and with the lyke sum of six hundred pounds Scotts to James Stephen, usher, for his publick service and attendance payable in six years, being a hundred pounds to each of them per annum, and appoynts the first years payment to be att Candlesmess jM vijC and eight and so yearly at the said terme, till the saids respective soumes be compleitly payd, and ordain the saids magistrats, toun councill and collectors thereof to make payment to them accordingly.
[1706/10/453]*[print] [email] [cite] [preceding] [following]
Our soveraign lady, considering that the easiness and patency of high roads to, throw and from royall burrows concerns the policy of the kingdom, and that the common passage through the toun of Sterling (a place of great frequency and where her majestie has her royall castle and palace) is greatly impeded by severall forestairs or outshots in the street or wynd called Marie Wynd, so as neither coaches nor ladned carts or wains can conveniently pass, therfore, her majesty, with advice and consent of the estates of parliament, statute and ordain that the magistrates of Sterling shall, betwixt and the first day of May next, take doun the said forestairs or outshots and build stairs to the said houses so that the street may not be incomoded, and that at the sight and with the approbation of the earle of Mar, Lieutenant Collonell John Erskine, commissioner for the said burgh, and Sir John Areskine of Alva, or any two of them.
[1706/10/454]*[print] [email] [cite] [preceding] [following]
Our soveraigne lady the queen's majesty and the estates of parliament, considering that the bridge of Larbor, upon the water of Carron, was built by the earle of Linlithgow his predicessors upon their oun charges, and being upon the high way and publict road, from the west to Edinburgh and from the north to the south parts of the kingdome, the said bridge and the ways and cassayes leading to and from the same, and the caussay of the toun of Falkirk belonging also to the said earle, are much damnified and impaired by the continuall passing of carts and loaded horse and requires a considerable expence to uphold and preserve the same for the comon benefite and advantage of the leidges. Therefore, her majesty, with consent of the estates of parliament, appoints and allows four pennies Scots for each cart, tuo pennies for each loaded horse and tuelve pennies Scots for each score of all droves of cowes that shall pass along the said bridge of Larbor or toun of Falkirk, to be exacted and uplifted by the said earle of Linlithgow, or those commissioned be him, to be imployed for preserving, repairing and upholding of the said bridge, ways, and cassays off Falkirk, and that for the space of tuenty-one years after the date hereof.
[1706/10/455]*[print] [email] [cite] [preceding] [following]
Our soverign lady and estates of parliament, considering that by ane act of parliament dated the fourtenth day of August, jM vjC and sixtie three years, the estates of parliament, understanding the necessity to have ane stone bridge built over the river of Clyd att Rammwell Craige, and ane other bridge over the water of Dunnidden, there being common passadges and mercat wayes there, and in which diverse persons have at severall tymes perished, did authorize the deceast William Baillie of Litlegill to build the saids two bridges, and for his encouradgement in the building and keeping up of the samen did appoynt that, for the space of twenty-seven years after the date of the said act, the said William Baillie and his airs should have the collecting, ingaithering and uplifting of the customs following, viz: twelve pennies Scotts of every horse and load; eight pennies Scotts of every cow and horse; two pennies Scots of every sheep that shall pass alongst those two bridges or either of them, or who shall pass that way through the said William Baillie his lands, whither they take the bridges or not, and six pennies Scotts for each single horseman and two pennies for each footman that shall pass alongst the saids two bridges, or either of them, and that the saids two bridges were accordingly builded, and the customs in use to be uplifted by the said deceast William Baillie of Litlegill, and since his decease by Cicilia Wedderburn, his relict, by vertue of ane assignation therto from her husband in implement of her contract of mariadge, and that the upholding and repairing of the saids bridges doe requyre that the saids customs be yet continued, her majestie, with advyce and consent of the estates of parliament, grants order and warrand to the said Cicilia Wedderburn and to William Baillie, her eldest son, and his airs in cace of her decease, for their encouradgement, to uphold and repair the saids two bridges and to exact and uplift the forsaids customs payable at the saids two bridges, excepting the carriadges of the lead and lead ore belonging to the duke of Queensberry and earle of Hoptoun, and victuall and materialls for the use of the workmen and mynes passing the saids bridges and foords, which, with the carriadges, carriers and servants, cart horses and others imployed in the said carriadges, shall have and enjoy free passadges without payment of any of the saids duties or any other impediment or mollestation whatsomever, and that for the space of tuenty-one years after the expiration of the saids tuintie-seven years, they allwayes repairing and upholding the saids two bridges in good condition att the sight of the duke of Queensberry, the earles of Forfar, Hyndfoord, Hopton and the laird of Lamington, or any two of them.
[1706/10/456]*[print] [email] [cite] [preceding] [following]
Our soveraigne lady, considering that John Henry Huguetan, a Frenchman and Protestant, being obliged to retire out of France upon the account of the persecution, and he being well known in trade, and being desirous to settle in this kingdom and to bring all his effects here in order to carry on trade, and for that effect to be naturalized; therefore, her majestie, with advyce and consent of the estates of parliament, statutes, enacts and declares that the said John Henry Huguetan, and the children of his body, and all persons lineally descending from him, born or hereafter to be born, be and shall be to all intents and purposes whatsomever holden and repute, taken and esteemed naturall born subjects of this kingdome, as if the said John Henry Huguetan, and the children of his body and all persons lineally descending from him, born or hereafter to be born, hade ben born within this natione, and shall injoy all benefite and priviledges of naturall born subjects of this kingdome.
[1706/10/457]*[print] [email] [cite] [preceding] [following]
Our sovereign lady the queen's majestie, with advice and consent of the estates of parliament, considering that Collonell Scipio Hill, Lieutenant Collonell Henry Verriere, of her majesties' regiment of foot guards, Lieutenant Collonell John Cadour, captain in Major Generall Maitland's regiment, Captain Theodore Dury, her majesties' chieff engeneir, Captain Daniell Charlot, briggadeer in her majesties' troop of guards, Captain John Burjaud, in Collonell Grant's regiment, Captain James Cavaleer, lieutenant in her majesties' troop of horse grenadeers, ensign Peter Charranton, in my Lord Strathnaver's regiment, Peter Cregut, formerly lieutenant in Sir William Dowglas's regiment, Jeremiah Bossugne, adjutant to Major Generall Maitland's regiment, Major Belthazer Guydett, captain of dragouns in my lord marqueis of Lothian's regiment, Mr James Le Blanc and Daniell Lafagette, merchants in Edinburgh, Joshua Legoux, servitor to the earle of Roxburgh, Francis Gobron, late servitor to the earle of Crawfurd, Peter Bishop alias Lamarr, servitor to the earle of Strathmore, Mr John Godfrey, preacher of the Gospell, Francis Loumeau du Pont, minister, Andrew Ferre, confectioner, and James Kremberg, page to my lord commissioner, Henry Hue Gilder, lieutenant, [...] Lawrence, in Major Generall Maitland's regiment, David and Matthew Lawrences, his sones, Lieutenant James Bruce, in the said regiment, and Peter and Frederick Bruces, his sones, Serjant David Pirie, Robert Keith, son to Collonell [...] Keith, and William Garshore, son to Lieutenant William Gartshore, all in the said regiment, James Binnet, native in Poitow in France, Paul Rowmieu, watchmaker in Edinburgh, Peter Petite, salemaker in Leith, Aeneas Leblane, native in Rotchell, George Keith, son to Lieutenant Gideon Keith of the royall regiment of dragoons, John Modena and Kenneth Smith, limners, Henry Crambden, musician, Captain James Moxgam, in Collonell Hepburn's regiment, [...] Fasher, captain lieutenant in the said regiment, John Modena, younger, limner, Francis Borie, one of the gentlemen of her majesties' lifeguards, Anthony Robyne, servitor to the laird of Grant, younger, and John Hamilton, son to Alexander Hamilton, merchant in London, have resided severall years within her majesties' antient kingdome of Scotland, and some of them have and doe enjoy offices in her majesties' army and have behaved themselves in their respective offices as becomes the subjection and obedience they owe to her majestie and her government; as also that all of them are of the Protestant, reformed religion profest within this kingdome; [and] as also considering that the rights and priviledges of naturalization to strangers of the Protestant religion, having their effects and residing within this realm, has alwayes been thought beneficiall thereto. Therfor, our sovereign lady, with advice and consent foresaid, not only ratifies, approves and confirms all and whatsomever acts of naturalization heretofore made in favours of strangers which may any wayes be applyed to or concern the said persons above mentioned, but also out of her royall bounty and inclination to favour the persons before named, with advice and consent foresaid, statuts, enacts and declares that the said Collonell Scipio Hill, Henry Verriere, John Cadour, Theodore Dury, Daniell Charlote, John Burjaud, James Cavalier, Peter Charranton, Peter Cregut, Jeremiah Bossugne, Balthazer Guydette, Mr James Le Blanc, Daniell Lafagette, Joshua Lagoux, Francis Gobron, Peter Bishop, alias La-Marr, Mr John Godfrey, Francis Loumeau Du Pont, Andrew Ferre, James Kremberg, Henry Hue, [...] Lawrence and Mathew and David Lawrences, Lieutenant James, Peter and Frederick Bruces, David Pirie, Robert Keith, William Garshore, James Binnet, Paull Roumieu, Peter Petite, Aeneas Leblanc, George Keith, John Medina, Kenneth Smith, Henry Crambden, James Moxgin, [...] Fashier, John Modina, Francis Borie, Anthonie Robyne and John Hamilton shall be and are hereby naturalized as native born subjects of the kingdome of Scotland, and are to enjoy her majesties' royall protection, the benefite of the law and all other priviledges which a native doeth enjoy, alse freely in all respects as if they themselves had been born within the same, and all enjoy all the rights, freedomes and priviledges that are the native consequences of naturalization, alse fully as they were herein particularly enumerat. And further her majestie, with consent foresaid, statutes, enacts and declares that this priviledge of naturalization shall have full force and effect to the foresaid haill persones above mentioned, and every one of them respective, for the communication to them of all the rights and priviledges of the native born subjects of Scotland in the case of an union betuixt the realms of Scotland and England as if they had been native born Scots, that is they shall be deemed and reputed as the natives of Scotland to enjoy all rights and priviledges in ane united state with England (in case the same shall happen) as any native Scotsman in such a case might or shall enjoy, declareing alwayes that it shall be leisum for each of the said persons to extract particles of this act for their oun behove, and that the persons above named shall take the oath of alledgiance and sign the assureance in the ordinar form before the lord clerk register and that before the said persons shall have any benefite of this act. And the lord clerk register is lykewayes hereby impowered to cause any of them subscribe the formula contained in an act made in the parliament jM vijC and one years intituled, act for preventing the growth of popery as he sees cause.
[1706/10/458]*[print] [email] [cite] [preceding] [following]
Our soveraign lady, with advyce and consent of parliament, does hereby strictly prohibite and discharge, in all tyme comeing, the killing of moor-fowls from the first of March to the tuenty of June, and partridges from the first of March to the tuenty of August inclusive, under the penalty of tuenty pounds Scots toties quoties, the half whereof to be given to the discoverer and the other half to be att the disposall of the judge befor whom the same shall be cognosced. And for the better preventing the killing of these fowls dureing the forsaid prohibited seasons, her majesty, with advyce foresaid, does strictly prohibite and discharge the selling, buying or useing of these fowls dureing the forsaid seasons within any burgh, village or privat house within this kingdome, under the penalty forsaid to be applyed as above. As also, it is hereby discharged that no common fowllers shall presume to hunt on any grounds without a subscribed warrand from the proprietors of the said grounds, under the penalty foresaid, besyds forfaulting their dogs, guns and netts to the apprehenders or discoverers. And its herby furder provyded that no fowller or any other person whatsomever shall come within any heritor's ground without leave asked and given by the heritor with setting dogs and netts for killing fowlls by netts, and if any commone fowller shall be found in any place with guns or netts haveing no licence from any nobleman or heritor, they shall be sent abroad as recruits. As also, that no persons whatsomever shall shoot hares under the forsaid penalty. And for the better executeing of this law her majestie, with advyce forsaid, appoynts and ordains all shirriffes of shyres, stewarts of stuartries, justices of peace, masters of the game, baillies of burghs or regalities, to putt the same in due execution under the penalty of one hundred pounds Scots, for which penalty it's herby declaired that the saids judges shall be lyable to the pursuer or complainer befor the lords of session upon ane instrument taken by the said pursewer or complainer that the judge applyed to refuised or delayed to cognosce the complaint according to law and to decern in the terms of this act. And lastly her majestie, with consent forsaid, does herby ratify and approve all former acts made annent the game except in so farr as they are hereby innovat and altered by this present act.
[1706/10/459]*[print] [email] [cite] [preceding] [following]
Our soveraign lady, considering that upon a petition presented by David, earle of Buchan in the last session of this current parliament, representing that he was hindred from entering heir cum beneficio inventarii to his predecessors the earles of Buchan last infeft, in the terms of the 24th act of the 5th session of his late majestie King William's parliament, by his absence out of the kingdom for near the space of two years after the decease of William, earle of Buchan, his immediat predecessor, he obtained ane act and delyverance of parliament allowing him, year and day from the date thereof, to enter heir to his said predecessors, in manner above mentioned, as the said act and delyverance of the date the 6th of September, 1705 more fully bears; and the said earle, having been accordingly served heir cum beneficio inventarii thereupon within the said space, therefor her majestie, with advice and consent of the estates of parliament, ratifies, approves and confirmes the said act and delyverance in favours of the said earle of Buchan and his said service thereupon, and declares this present act to be excepted out of all acts salvo jure to be passed in this or any subsequent session of parliament.
[1706/10/460]*[print] [email] [cite] [preceding] [following]
Our soveraign lady, considering the great pains and expences bestowed by the deceast William, duke of Queensberrie for finding, working and winning of his lead mine within the baronys of Drumlangrig and Sanquhar; as likewise the great and speciall services done and performed to her majestie and the crown of this kingdom by James, now duke of Queensberrie, and the said deceast William, duke of Queensberrie, his father, and their predecessors, and that the granting to James, now duke of Queensberrie, and his heirs and successors, the heritable and full right of all mines of gold, silver, tinn, lead, copper and of all other mettalls and minerals whatsomever of whatever kind, nature or quality, already found or that may be found hereafter within the bounds of the dukedome of Queensberrie, lands, lordships, barronies and others pertaining to the said James, duke of Queensberrie; together with the tenth part therof, and all other right and title or interest that her majestie may have or acclaim thereto, may contribute much to the farder search and discoverie, finding, working and winning of the saids mines, mettals and minerals above mentioned, for the general good of the kingdom, doth therfor, with the advice and consent of the estates of parliament, dissolve the haill forsaid mines of gold, silver, tinn, lead, copper and haill other mettals and minerals abovementioned, with the tenth part therof and all other customs and duties payable to her majestie for the same, with all other right, title and interest her majestie or her successors may have, claim or pretend therto from her majesties' crown and patrimony therof, and all annexation therto, to the effect her majestie and her successors may freely and fully give, grant and dispone the same to the said James, duke of Queensberrie and his heirs and successors and assigneys in such full and ample form and manner as her majestie shall think fit, to be holden few of her majestie and her successors for such a few duty as she and they shall please to lay down and appoint for all other burden, exaction and demand in the most free and absolute manner; and specially but prejudice of the generality above written, her majestie, with advice and consent forsaid, declares that the saids mines, metalls and minerals are and shall be possessed in all time coming by the said James, duke of Queensberrie and his forsaids, with express freedom and exemption from all payment of customs, bullion, shoar dues or any other dues whatsomever payable or that can be exacted from them for any of the saids metalls and mineralls, either already wrought or that shall happen to be wrought in all time coming, with full power to them to export and transport the saids mettalls and minerals, or any part or portion of the samen, into forreign countries free from the said dues and other customs and dues whatsomever, either already layed on or to be layed on, inhibiting and discharging all having right of gathering up the shoar dues, anchorages or other customs, and all the tacksmen, fermers and collectors of her majesties' customs present and to come, and the masters of her majesties' mint, their deputs, servants and officers, from uplifting and collecting any sums of money, bullion, anchorages, shoar dues or any other dues whatsomever for any of the saids metalls or minerals, already wrought or that shall happen to be wrought, in the saids mines or exported therfrom out of this her majesties' kingdom, either purified or not purified. And moreover, her majestie, with advice and consent forsaid, wills and grants that the servants and hewers and others employed or to be employed by the said James, duke of Queensberrie and his forsaids for the use of the said work may be free from all stent, taxations, impositions, watch and ward, and that they shall enjoy all other benefices, priviledges and freedoms made and granted in favours of the workmen of mynes and minerals, or which can any ways be understood or interpret to be in their favours by the laws and practique of this her majesties' realm.
[1706/10/461]*[print] [email] [cite] [preceding] [following]
Our soveraigne lady, for encouragement of the manufacture of wooll within this kingdom, with advice and consent of the estates of parliament, rescinds the sixteenth act made in the parliament held in the year 1686 entituled, act for burieing in Scots linnen; as also another act entituled, act for burieing in Scots linnen made in the parliament held in the year 1695. And her majestie, with advice and consent forsaid, statutes and ordains that hereafter no corpse of any persone, of what condition or quality soever, shall be buried in linen of whatever kind, and that where linen has bein made use of about dead bodies formerly, plain woollen cloath or stuff shall only be made use of in all tyme comeing, and that under the same penalties and rules as are contained in the forsaid two acts against the contraveeners therein mentioned, which penalties and rules her majestie, with advice and consent forsaid, hereby transferrs and declares to take effect in all caices of contravention of this present act.
[1706/10/462]*[print] [email] [cite] [preceding] [following]
Our soveraign lady and estats of parliament, considering that the Company of Merchants of Edinburgh and Mary Erskine, relict of James Hair, drogist in Edinburgh, with the assistance of severall noble and generous benefactors, have erected a hospitall for mantaining and educating poor young children of the female sexe, and with the money given by the said Mary Erskine have purchased and acquired the great lodgings houses and yairds in Bristo for accommodation of the children of the said hospitall; and also considering that the manadgement of the samyne hospitall is settled in certain governours, thesaurer, clerk and other officers, conforme to certain rules and constitutions aggreed upon by the donators and benefactors, a part whereof are contained in a contract past betuixt the present governours of the said hospitall and the said Mary Erskine dated the tuelth and threttein dayes of March instant; therfore, her majestie and estates of parliament hereby allow and approve of the erection of the said hospitall, and ratifie and confirme the same togither with the rules and constitutions already made for manadgeing thereof, particularly these contained in the forsaid contract, with the said contract it self, togither with such rules and constitutions as shall hereafter happen to be made for the better governing and regulateing of the said hospitall and whole concerns thereof, the samyne haill constitutions and rules being alwayes consistent with the laws of this kingdome, and with the amended constitutions contained in the said contract and approven of by the toun councill of Edinburgh. And furder her majestie and estats of parliament hereby authorize the governours of the said hospitall to receive all mortifications and donations that shall be made in favours of the samyne, approving hereby of the same and of all donations and mortifications already made, declareing the said hospitall, in all tyme coming, to be a free hospitall and the forsaid great lodgings houses, yairds and pertinents in Bristo, purchased and doted for the use of the said hospitall by the said Mary Erskine, to be free of all publick burdeins whatsomever for the pious uses abovementioned, with power to the governours thereof not only to administrat the funds and rents of the said hospitall with all donations already made, but lykewayes to purchase and acquire lands, tenements and others for the use, benefit and advantage of the said hospitall, and for that end to make and grant, give and receive all manner of wryts, deeds and securities necessary, and to have and use a common seall with such inscriptions as the governour shall judge fit for confirmation of the said deeds and writs; and generally to have, use and enjoy all such powers, liberties and immunities as any hospitall hath or by law may have within this kingdome.
[1706/10/463]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, considering that by the fifteenth article of the treaty of union of the two kingdoms of Scotland and England it is agreed that out of the sum of three hundred and ninety eight thousand and eighty five pounds, ten shillings sterling mentioned in the said article, after what consideration shall be found necessary to be had for any losses which privat persons may sustain by reducing the coin of Scotland to the standard and value of the coin of England, in the next place the capital stock of the African and Indian Company of Scotland, advanced, together with the interest of the said capital stock after the rate of five pound per cent per annum from the respective times of the payment thereof, shall be paid, upon payment of which capital stock and interest it is agreed the said company be dissolved and cease, and also that from the time of passing the act of parliament in England for raising the said sum of three hundred and ninety eight thousand, eighty five pounds, ten shillings the said company shall neither trade nor grant licence to trade, providing that if the said stock and interest shall not be paid in twelve moneths after the commencement of the union that then the said company may from thence foreward trade or give licence to trade untill the said haill capital stock and interest shall be paid. And also, considering that there may diverse difficulties arise concerning the stating of the said capital stock and the particular shares and titles of the several proprietars and the execution competent for recovering the respective shares and interest conform to the article, and her majesty being most desireous to prevent all mistakes and abuses which may hinder the ready and effectual application of the foresaid money, conform to the said article, and dissolving the company in the terms thereof, therefor, and to the end that the shares and titles of the several proprietars may be the more distinctly constituted and the commissioners for disposing the equivalent may the more safely make payment, her majesty, with advice and consent of the estates of parliament, requires and ordains the directors and secretaries of the said African and Indian Company to frame a particular account or list of the stock and interest of the same from the respective times of the payment, excepting only that such as got allowance for the annualrents of the first moitie at paying in of the second moitie shall only have right to the interest from the first of August jM vjC and ninty eight for the first moitie belonging to each proprietar or their assigneys where transferrs are marked on the said company's books; as also, another account of the debts due by the said company containing the particular creditors' names with interest due for such debts as bear interest, the sums in both accounts not exceeding the sum of two hundred and thirty two thousand, eight hundred and eighty four pounds, five shillings and two thirds of a penny sterling at the first day of May next. And both the said accounts are to make express mention at every article of the page and book belonging to the company from whence the said accounts have been taken. Likeas her majesty, with advice and consent foresaid, requires and ordains the present directors, at least five of them and their secretary who now is or whom they are hereby required to name for that effect, to draw up and perfect the foresaid two accounts or list in manner above mentioned, and that they or five of them and their said secretary shall sign the said accounts respectively and deliver the same in to the lord clerk register betwixt and the forsaid first day of May next, certifying the said directors and their secretary that if they faill in punctuall performance of the premisses, or any part thereof, letters of horning shall be directed against them and their said secretary at the instance of the commissioners to be appointed by her majesty for the disposing of the equivalent, who are hereby authorized and impowered for that effect. And farder that the respective proprietars and others having interest and the creditors of the said company contained in the foresaid accounts may be the more readily answered and paid, her majesty, with advice and consent foresaid, statutes and ordains that a certificat drawn out of the books of the said company bearing the names of the respective proprietors and transfers which concern any share marked in the books of the said company, or the names of the said creditors of the company and the moities advanced by the said proprietors, or the sums due by the said company to their creditor with the time of advanceing the said moities or contracting the said debts, with the said interest due on the respective shares and debts at five pound per cent untill the said first day of May next, and which certificat shall also express the pages and books of the said company from whence the same are taken, and shall be signed by the directors or three of them, or an extract of a particle concerning any particular share or debt, under the hand of the lord clerk register or his deputes, furth of the said accounts appointed to be made up and delivered in to him in manner above set down, shall be seperately authentick and probative and shall be a sufficient title to receive the respective shares or debts and interest due respectively therefore, and the discharges granted by persons having right to such certificats or extracts shall be a sufficient exoneration to the commissioners for disposing of the equivalent, which certificats and extracts are hereby ordained to be given furth gratis. And further where the shares of the proprietors or debts due to the creditors of the said company have been legally affected by diligence, the creditors using lawfull diligence shall have sicklike action against the commissioners of the equivalent for recovering the sums so affected as would have been competent to the parties themselves, whose shares or debts they do affect by virtue of this act, if they had insisted in their own names. And to the end the leidges may be certiorated when and where to receive their money, her majesty, with advice and consent foresaid, ordains that how soon the foresaid sum of three hundred and ninety eight thousand, eighty five pounds, ten shillings mentioned in the above fifteenth article shall be paid in unto the commissioners to be appointed by her majesty for disposing the equivalent, the same shall be notified to the privy council of this kingdom and thereupon a proclamation shall be issued out by the lords of privy council intimating the same to the leidges and requiring the proprietors and others having right to come and receive their shares, conform to their respective titles, at Edinburgh where the said commissioners of the equivalent or a quorum of them are hereby appointed to reside untill the said capital stock and interest be paid to the said proprietors and creditors of the said company. And her majesty, for the ends abovementioned, with advice and consent foresaid, statutes and ordains that after the said proclamation the said commissioners to be appointed for disposing of the equivalent, by acceptance of their trust and office, shall be bound to make payment to the several proprietors and creditors contained in the forsaid lists and producing the foresaid extracts or these deriving right from them of the full shares and debts, with interest due respectively thereupon, at the said first of May next, conform to the accounts appointed to be made and delivered in to the clerk register betwixt and the said day in manner above expressed, and that without delay, loss or defalcation, declaring that it shall not be lawfull for the said commissioners, their clerks, secretaries or cashiers by themselves or others, directly or indirectly, to acquire any shares or debts of the said company or to obtain any ease or gratification for payment to the parties respectively. And in case of not ready payment in manner foresaid, it is hereby statute and ordained that sicklike diligence and execution shall follow at the instance of the respective proprietors or creditors or others deriving right from them for their respective sums principal and interest conform to the foresaid accounts against the said commissioners of the equivalent and their cashiers, conjunctly and severally, as is competent against parties lyable for forreign bills of exchange, and that upon production of the company's bonds to the creditors or upon production of the certificats granted by the directors or three of them, in manner above expressed, or upon production of a particle extracted furth of the said accounts concerning the several shares and debts, with the title in the person at whose instance diligence is raised, and that no suspension or stop upon such charges shall be granted except upon consignation, and in case of consignation the money consigned shall be restored to the party having interest, without deduction of consignation money. And her majesty, in respect of the foresaid intimation, and that the commissioners of the equivalent do therupon become bound in manner foresaid, hereby statutes, enacts and declares that upon issuing the proclamation of council above set down the said African and Indian Company shall cease and be dissolved and the said company, being thereby dissolved, her majesty, with advice and consent foresaid, hereby simpliciter discharges the proprietors subscribers of the said books of the company, their heirs and all others whom it may concern, of all action, instance and execution on account of the sums subscribed for and not paid in together with the contracts, bonds or obligations whereby the said subscribers were bound to the company, with all acts of the directors calling for any moity of the subscription money not paid, and all diligence that has followed or may follow thereupon. And sicklike forasmuch as the foresaid capital stock and interest and debts are appointed to be refounded in full satisfaction of all the company or any particular proprietor can pretend on account of the foresaid company stock mannagement or interest thereof, therefore her majesty, with advice and consent foresaid, statutes and declares that the dead stock, haill debts and effects, actions and execution belonging to the said company in general, or to the proprietors any ways concerning the said company, shall belong to her majesty and her royal successors in the same manner as the same did belong to the said company and to the said proprietors and which are appointed to be brought in and made effectual by the said commissioners of the equivalent, and to be applyed to the same ends and uses as the other sums mentioned in the said fifteenth article, with the burden, nevertheless, in the first place of three hundred pounds sterling hereby appointed to be paid out of the price of the house and pertinents lying in Edinburgh and other effects belonging to the said company to the said directors for their pains and attendance and to inable them to give rewards to servants and bestow other incident charges in making up and perfecting the said accounts, and which sum of three hundred pounds sterling is to be divided by the said directors as they shall see just, and sicklike with the burden in the next place of such sums as this parliament has appointed by deliverance or order to be payd out of the haill dead stock to gentlemen officers and others who went to Darien or their friends for their faithfull services, and the debts due to James Montgomry, William Arbuckles, James Watherspoon and William Thomson, extending to two hundred and fifty eight pounds, four shillings, eight pennies sterling. And the said directors, or at least three of them, are hereby strictly required to give in full and compleat inventories of all debts and effects belonging to the company in general to the said commissioners of the equivalent at their first meeting, with certification that in case of failyie letters of horning shall be directed at the instance of the said commissioners against the said directors for that effect, for doing whereof the said commissioners are hereby authorized.
[1706/10/464]*[print] [email] [cite] [preceding] [following]
Our soveraign ladie, considering that by the fifteenth article of unione the publick debts of this kingdome, as shall be adjusted by this present parliament, are appoynted to be payed out of the equivalent of three hundred and nyntie eight thousand, eightie fyve pounds, ten shillings, and out of the increase of the customs duties and excyse above the present value which aryse in Scotland dureing the tyme of sevine years togither with the equivalent which shall become due upon the improvement thereof in Scotland after the said term, and also out of all other sums which, according to the agreement forsaid, may become payable to Scotland be way of equivalent for what that kingdome shall hereafter become lyable towards payment of the debts of England. Therefor, her majestie, with advice and consent of the estates of parliament, declares, statuts and ordains that such debts onlie as are due to the civil list or army since the tuentie sevinth day of May jM vjC [and] eightie nyne, or such other debts as shall be instructed to be publick debts in maner aftermentioned since the tyme forsaid, shall be understood publick debts of this kingdome payable out of the funds abovementioned. And for the better setling the method and way of paying these publick debts her majestie, with advyce and consent forsaid, statutes, ordains and declares that after allowance of the sume ffor repairing the losses which privat persones shall sustaine by reduceing the coyne of this kingdome to the standard and value of the coyne of England, and after allowance of the sume of tuo hundred [and] threttie tuo thousand, eight hundred [and] eightie four pound, fyve shillings [and] tuo thirds of ane pennie sterline which is found due for the capital stock, interest and debts of the Companie Tradeing to Affrica and the Indies, and after payment of tuo thousand pounds per annum for the space of sevine years which, by the forsaid fifteenth article of union, is to be applyed towards incouradgeing and promoteing the manufactur of coarse wool within these shyres which produce the wool, and after the allowance of the sume of [...] allowed for the charge of the commissioners, secretaries and accountants to the last two treaties of unione, conform to the votes and resolves of the estates of parliament, the threttie one day of January last by past; then the overplus of the said three hundred [and] nyntie eight thousand, eightie fyve pound, ten shillings shall be equallie divyded, and the one half therof applyed to the payment of the publick debts upon the civill list and the other half shall be applyed to payment of the debts due to the army. And in case the overplus of the said sume of three hundred [and] nynetie eight thousand. eightie fyve pound, ten shillings, after the deductions abovewrittin, shall not be sufficient to pay the said publick debts due upon the civill list and to the army, then and in that case the increase of the customs duties, excyse and other funds abovementioned shall be equallie divyded and applyed ay and whyll payment of the said publick debts and that in manner followeing, viz. that the one half of the said overplus of the said sume of three hundred [and] nynetie eight thousand, eightie fyve pounds, ten shillings and increase of customs duties, excyse and other sums abovenarrated shall be applyed for payment of what is due to any who represented her majestie or the late King William and Queen Marie as their commissioner for their equipage and dayly allowance, and in the nixt place to the payment of the fees, sallaries and pensions of all who have served her majestie or the late King William and Queen Marie in any civill post, office or imployment, and what is resting of the money given to the assemblies for defraying the yearlie expensses of the church and what is due to her majesties 'chaplains, and the rest of the said one half shall be applyed to the payment off all accompts, pensions or other debts due upon the civill list since the tuentie sevinth day of May jM vjC [and] eightie nyne, declairing that the first and readiest of the said remainder is to be applyed for payment of what bygone allowances are due to the late bishops or their representatives and to the poor on her majesties' charitie. And the other half of the said overplus and increase of customs duties, excyse and other funds abovementioned, which is ordained to be applyed for paying of the debts of the army, shall be payed and applyed in maner followeing. First, for payment of what sums any officer shall instruct he hath debursed for cloathing of his regiment, troop or company; nixt, for paying to the severall officers in any regiment, troop or company that have served since the twentie sevinth of May jM vjC [and] eightie nyne of their respective personall pay yet resting unpayed; nixt, for payment of all moneys which any collonel or captaine of independent troops or companies can instruct he debursed and laid out for the subsistance of his regiment, troop or company; and lastlie, for paying of cloathing money due to the respective regiments, troops or companies, provideing allways that cloathing money shall be onlie understood due wher the severall collonells and captains of independent troops or companies did trulie furnish cloathing, conforme to the severall establishments. And because there are severall publick debts since May jM vjC [and] eightie nyne due by the natione which doe neither fall under the civil or military list, therefor her majestie, with advice and consent forsaid, does hereby impower and requyre the commissioners of the equivalents, after payment of the debts above preferred, to take into their consideratione all such claims and to pay such of them out of the forsaid fonds as shall be instructed to be just debts of the natione. And it is hereby declaired that everie officer, his assigney or others deryveing right from him shall have good title to claime his oune particular share of the debt found due to the army, and to the effect that all persones haveing right and title to the debts, due either upon the civill list or to the army, may have readie access to obtaine payment of their respective debts as they are ranked above, her majestie, with advice and consent forsaid, appoynts the lords of her thesaurie betwixt and the first of May nixt to draw up ane accompt of the saids debts standing out due to the civill list and army to be given in to the commissioners to be appoynted for disposeing of the equivalent, and to give certificats subscribed by tuo of their number to each persone haveing right to any of the saids debts, either upon the civill list or to the army, containing the sum of the debt and the books out of which it is extracted. And it is hereby declaired that dilligence shall be granted upon the said certificat against the commissioners to be appoynted by her majestie for disposeing the equivalent in solidum as is allowed by law upon bills of exchange, provyding allways the said commissioners for the equivalent shall have sufficient cash in hand for payment of the saids debts, for which dilligence shall be done according to the severall ranks abovementioned. And it is hereby declaired it shall not be leisume to the said commissioners to suspend any charge upon such certificat upon pretence of their not haveing cash in hand to answer under the paine of a fifth pairt more of their respective sums charged for without any modification if at discussing the suspensione it shall be found they had sufficient cash in hand.
[1706/10/465]*[print] [email] [cite] [preceding] [following]
Act salvo jure cujuslibet read and, it being again read over, it was voted and approven and touched with the royal scepter by her majesties' high commissioner in the usual manner.
Our sovereign lady, takeing to consideration that there are severall acts of ratifications and others past and made in this session of parliament in favours of particular persons without calling or hearing of such as may be thereby concerned or prejudged; therfore, her majestie, with advice and consent of the estates of parliament, statutes and ordains that all such particular acts, and acts of ratification past in manner foresaid, shall not prejudge any third party of their lawfull rights nor of their actions and defences competent thereupon before the makeing of the said particular acts and acts of ratification, and that the lords of session and all other judges of this kingdome shall be oblidged to judge betuixt parties according to their severall rights standing in their persons before the makeing of the said acts, all which are hereby expounded and declared to have been made salvo jure cujuslibet. Excepting alwayes from this act salvo, the gifts granted to the burghs of Dundee, Aberdeen and other burghs for the impositions therin mentioned, according to the full extent thereof as past in this present session of parliament.
[1706/10/466]*[print] [email] [cite] [preceding] [following]
Then his grace her majesties' high commissioner made the following speech.
My lords and gentlemen,
The publick business of this session being now over it is full time to put an end to it.
I am perswaded that we and our posterity will reap the benefite of the union of the two kingdoms, and I doubt not that as this parliament has had the honour to conclude it, you will, in your several stations, recommend to the people of this nation a grateful sense of her majesties' goodness and great care for the welfare of her subjects in bringing this important affair to perfection, and that you will promote an universal desire in this kingdom to become one in hearts and affections as we are inseparably joined in interest with our neighbour nation.
My lords and gentlemen,
I have a very deep sense of the assistance and respect I have met with from you in this session of parliament, and I shall omit no occasion of shewing to the outmost of my power the grateful remembrance I have of it.
Then the lord chancellour, by order of her majesties' high commissioner, adjourned the parliament to meet at Edinburgh, the twenty second day of April next, and declared the same to be adjourned.
[1706/10/467]*[print] [email] [cite] [preceding] [following]
The queen's majesty declares this parliament current and adjourns the same to the twenty second day of April next to come, ordaining all members of parliament, noblemen, commissioners from shires and burghs, and all others having interest, to attend at Edinburgh that day at ten a clock, and that there be no new elections in shires or burghs, except upon the death of any of the present commissioners.