Thursday 20 February 1707

[Protest for remedy of law heard and approved; protestation against decision]

Prayers said.

Rolls called.

Minuts of the last sederunt read.

Then the action upon a protest for remeid of law, Sir Thomas Dalziell of Binnis against the Lady Caldwell and her husband, called and the parties procurators being called, a dilator defence was proponed that the action upon the protest could not be receaved, in respect the lords of session have pronounced no definitive sentence in the cause. And, after some debate and reasoning thereupon, it was putt to the vote determine the dilator or hear parties procurators upon the haill cause, and it caried hear.

And the parties procurators being accordinglie heard, after long debate, the vote was stated assoilzie Sir Thomas Dalziell from the rents of the estate of Caldwell preceeding Martinmass jM vjC and eighty eight on account of the specialities of his case, distinguishing it from other cases falling under the act rescissory, yea or not.

But befor voting the earle of Ilay gave in the following protest in these terms: I doe protest, for my self and in name of such who shall adhere to this protestation, that this vote relateing to Sir Thomas Dalziell's cause may not at all prejudge or impair the undoubted right of any of her majesties subjects to the repetition of the bygone rents of their forfeited estates according to law and acts of parliament, and took instruments thereupon, and George Baillie of Jerviswood adhered thereto.

Then the vote was putt assoilzie or not and it caried assoilzie.

  1. NAS. PA3/7, Printed Minutes No.76, 1 or NAS. PA6/36, 252, f.76. Back
  2. 'musters and randevouzes' in NAS. PA3/7 printed minutes. Back
[Act read; order of business; act read, debated and approved; continuation]

Draught of ane act disscharging rendevouzes and mustersand prorogating the suspension of the clause in the act of security thereanent till the first day of Januarie nixt to come, given in and read, and a first reading ordered to be marked thereon.

Agreed that the first sederunt for privat bussiness, the parliament will proceed to the consideration of the acts for naturalization of John Henry Huguetan, and other forraign Protestants, Doctor Stirling's petition, and the actions for protection of the lairds of Boyne, elder and younger, George Dundass, Sir James Richardson of Smeiton, and the petition for William Cochran of Ferguslie.

Resolved that how soon the report shall be brought in from the committee anent the equivalent, the parliament will consider the petitions for Sir George Hamilton, Martine of Bruntbrae, Captain [...] Sletzer and Captain Thomas Hay, and other petitions for payment of mony.

Act in favors of the burgh of Kinghorn read a second time, and, after some reasoning thereon, it was moved that the parliament doe resolve to pass no more acts in favors of any burghs for ane imposition of two pennies upon the pynt of ale and beer browen and vended within their respective bounds. And, after debate, the vote was putt proceed to the act or to the resolve, and it caried to the act. And, after some additions made to the said act, it was putt to the vote approve the act or not, and it caried approve.

Then the lord chancellor, by order of her majesties high commissioner, adjourned the parliament till the morrow at ten of the clock.

Seafield, cancellar[ius], I.P.D. p[arliamenti]

  1. NAS. PA3/7, Printed Minutes No.76, 1 or NAS. PA6/36, 252, f.76. Back
  2. 'musters and randevouzes' in NAS. PA3/7 printed minutes. Back