[1702/6/41]*[print] [email] [cite] [preceding] [following]
Prayers said. Rolls called.
Minutes of the last sederunt read.
Act anent the supply read a second time and, after some debate, the vote being stated, approve the act as brought in from the committee or not, and carried in the affirmative.
[1702/6/42]*[print] [email] [cite] [preceding] [following]
It was ordered that at the next sederunt of parliament the members concerned bring in lists of such commissioners of supply as they desire to be added to the number.
Draft of an act for an union between the kingdoms of Scotland and England brought in from the committee for security, read a first time and ordered to lie on the table.
Recommended to her majesty's high commissioner to transmit the parliament's answer to her majesty.
[1702/6/43]*[print] [email] [cite] [preceding] [following]
Petition by James [Douglas], earl of Morton anent his right to the Isles of Orkney and Shetland read, and a draft of a deliverance recommending the earl's case to her majesty read, voted and approved and is as follows.
The estates of parliament, having heard a petition for James, earl of Morton, humbly showing to his grace her majesty's high commissioner and the said estates that since the year 1669 the petitioner and his predecessors have been continual complainers of the great hardship they then suffered and still lie under by a decreet of reduction in absence pronounced against them by the lords of session of their right to the islands of Orkney and Shetland, and the confirmation thereof in parliament, with the annexation of the said islands to the crown, nor is there anything more grievous in this hardship they lie under than that their most earnest desire has constantly been to have a full and free hearing in parliament, which, though never positively refused, yet has been hitherto delayed by unaccountable accidents to the petitioner's great vexation, loss and expenses. In the parliament of 1693 the petitioner presented a full petition for remedy and redress, and on 15 June that year got a deliverance recommending his case to their then majesty's with the hardships and stretches he and his predecessors had suffered and for allowing him, notwithstanding of the said decreet of session and act of parliament against him, to prosecute a reduction of the decreet; but all the effect of this deliverance was recommendations to the treasury for some favour as an interim. In the last session of this present parliament the petitioner again applied more fully to have his cause heard and discussed, and had a day appointed for his hearing, but the parliament, being taken up with a throng of weighty matters, the petitioner chose to stay any further process until the next session of parliament, hoping that in the meantime the commissioner's grace would keep his majesty mindful of his good intentions and that the parliament would also continue their good inclinations signified by their deliverance of 1693 that so all impediments might be removed that might hinder the petitioner's cause to come to a final decision. And upon this the petitioner gave in his declaration, which on 1 February 1701 was read in parliament and ordered to be marked in the minutes of process, where it stands marked accordingly. By all which, and especially by the foresaid petitions here related to, his grace and their lordships might perceive the grievous hardships that have still increased upon the petitioner by the delays he has suffered and what great reason he has to beseech and obtest this honourable court of parliament that he may once have a full hearing and discussion of his cause, and if not possible that he may at least have such a deliverance from his grace and their lordships as may both recommend the petitioner to her majesty for a provisional relief and likewise bring his cause to a full decision with the first opportunity, either before the lords of session, with a parliamentary power, or before the parliament as his grace and their lordships should think fit, as the said petition bears. And the said estates of parliament, having also considered the petitioner's case as represented in the above-written petition, together with the petitioner's early and zealous appearance for the late King William of blessed memory, and his dutiful and constant adherence to him during his whole reign, with his renewed allegiance, duty and zeal for her majesty, have, according to a former reference made by this parliament in the year 1693 in favour of the petitioner, humbly and earnestly recommended and do hereby humbly and earnestly recommend the petitioner's case to her majesty to the effect her majesty may consider the hardships the petitioner and his predecessors have suffered by the above-mentioned decreet and act of parliament and what has ensued thereon, and which hardships do still continue and increase upon him; and that her majesty may allow the petitioner, notwithstanding thereof, to prosecute a reduction of the decreet with all that has followed thereupon, and in the meantime they have further recommended and do hereby further recommend the petitioner to her majesty's care to be provided for as her majesty in her royal wisdom and bounty shall think fit until the cause be finally discussed, and do hereby recommend to the secretaries of state to offer this with the said former recommendation to her majesty with their first convenience.
[1702/6/44]*[print] [email] [cite] [preceding] [following]
Act anent the supply of ten months and a half's cess upon the land rent, touched by her majesty's high commissioner with the sceptre in the usual manner, of which act the tenor follows:
The estates of parliament, considering the dangers that threaten this kingdom by reason of the just and necessary war that this, as well as her majesty's other kingdoms, is engaged in, and that it is needful for the defence of the true Protestant religion as now by law established, the maintaining of her majesty's undoubted right and succession to the crown as settled by the Claim of Right, and for preserving and securing the peace of the kingdom, that a supply be granted for the pay of the forces, for the equipping and maintaining of frigates, to guard the coasts and trade, for repairing of the castles, forts and garrisons, and for providing of arms and ammunition, do therefore, for themselves and in name and behalf of this kingdom whom they represent, make offer to her majesty of the sum of £756,000 Scots money, extending to ten months and a half's cess, which new supply, commencing at the termination of the supply now current, is to be raised and uplifted out of the land rent of this kingdom in the same manner and conforming to the proportions of the shires and burghs contained in the fifteenth act of the ninth session of this current parliament, dated 31 January 1701, providing always that the proportions of burghs be rated and paid as their tax roll now is or shall be settled by themselves, and which new supply is to be paid at the terms following namely, three months' cess at the term of Candlemas [2 February] 1703 and two months' cess at Lammas [1 August], and two months' cess at the term of Martinmas [11 November] thereafter in the said year, and two months' cess at Candlemas 1704, and a month and a half's cess making up the whole ten months and a half's cess at Whitsunday [15 May] thereafter. And her majesty, considering that this supply is granted for such necessary uses, does, with advice and consent of the estates of parliament, declare that no person or persons shall be exempt from payment of their proportions of this supply for their lands upon any pretence whatsoever, excepting mortified lands and the lands of Newmills belonging to the woollen manufactory there, for which mortified lands and lands of Newmills deduction is to be allowed in the quota of the respective shires, notwithstanding of any former law or privilege in the contrary. And her majesty, with advice and consent foresaid, does nominate and appoint the same persons who have been formerly named in any session of this current parliament and are still alive and have qualified themselves according to law, or shall qualify themselves between now and the second Tuesday of September next, and such others as shall be nominated in this present session of parliament, to be commissioners for ordering and uplifting the said supply, with power to choose their own clerk and to do everything concerning the supply as is prescribed and appointed by this act and the other acts to which it relates, holding the same as here repeated; and ordains execution to pass for bringing in thereof as is provided by the said acts in all points; and ordains the first meeting of the commissioners of shires to be at the respective head burghs thereof the said second Tuesday of September next, and requires the sheriffs and stewarts or their deputes to intimate the same to the commissioners of their shires and stewartries, with power to them to appoint the subsequent diets of meeting and their conveners from time to time; as also, to appoint collectors with sufficient caution as they shall think fit, and commits to her majesty's privy council, upon the death or non-acceptance of any of the commissioners of supply appointed by this act, to nominate and appoint others in their places. And her majesty, with advice and consent, does declare that all clauses contained in former acts of parliament and convention of estates in relation to the bringing in of the cess and quartering and anent riding money do stand in full force as to the supply now imposed as if they were herein expressed, except in so far as these acts of parliament and convention are innovated or altered by the sixth, seventh and first acts of the second, fifth and sixth sessions and first and fifteenth acts of the seventh and ninth sessions of this current parliament. And it is hereby declared that no persons liable in payment of the said supply shall be held to produce their discharges or receipts of the same after three years from the respective terms of payment unless diligence be done therefore by denunciation within the three years. And because by the supply hereby granted the land rent and burghs of this kingdom are only burdened, and it being just that personal estates in money should bear some proportional burden, therefore her majesty, with advice and consent, statutes and ordains that every debtor owing money within this kingdom at six per cent of interest shall, in the payment of his annualrent the said year and a half, have retention in his own hands of a twelfth part of six per cent and this retention to be from the term of Martinmas next exclusive to the term of Whitsunday 1704 inclusive. And it is hereby declared that it shall be usury for any creditor to refuse to grant the said retention. And it is further statute and ordained that no part of the foresaid supply be applied to any other uses than those particularly above expressed upon any pretence whatsoever.
Follows the commissioners of supply given in by the noblemen and commissioners for the several shires as was ordered in parliament.
Edinburgh: the earls [James Scott, earl of] Dalkeith and [William Ramsay, earl of] Dalhousie, the lords [William Kerr, lord] Jedburgh and [John Bellenden, lord] Bellenden, the lairds [George Lockhart] of Carnwath and [William Morrison] of Prestongrange, Sir James Primrose, George Cranston of Dewar, William Wilson of Hagbrae, Sir James MacLurg of Vogrie, the laird of Morton Hall, Sir John Ramsay, the laird of Woodhouselee, Robert Preston of that ilk and James Stewart of Goodtrees, younger.
Haddington: the earls [John Ker, earl] of Roxburghe and [Thomas Hamilton, earl of] Haddington, the viscounts [Archibald Seton, viscount] of Kingston and [Thomas Livingstone, viscount of] Teviot, Sir Andrew Ramsay of Wauchton, Sir Robert Hay of Linplum, Sir David Dalrymple, [Charles Hope], laird of Hopetoun, Sir James Primrose, John Cockburn, younger of Ormiston, Doctor Matthew Sinclair of Herdmanston, Doctor George Oswald of Preston, Robert Brown of Colstoun, [...] Hamilton, younger of Olivestob, [...] Congalton of that ilk, James Christie of Newhall, Lord David Hay, [lord Yester], William Sandilands in East Barns, John Clerk, younger of Penicuik and Sir Francis Kinloch of Gilmerton.
Berwick: [Thomas Hamilton], earl of Haddington, Sir David Dalrymple, advocate, Robert Johnston of Kelton, George Swinton of Lochton, John Renton of Lamberton, Joseph Home of Ninewells, Sir Hugh Dalrymple [of North Berwick], lord president of the session, Alexander Home of Law, John Home of Bell, Sir Gilbert Elliott of Headshaw, George Logan of Burncastle, Sir George Nicolson of Kemny, William Cockburn of Cockburn, [...] Home of Sclatehouse and [...] Fullerton of Auchinheavie.
Roxburgh: the earls [James Scott, earl of] Dalkeith, [John Ker, earl of] Roxburghe and [Thomas Hamilton, earl of] Haddington, Lieutenant Colonel Douglas, sheriff depute, and [...] Kerr of Frogden.
Selkirk: [James Scott], earl of Dalkeith.
Lanark: Mr David Carmichael of Corseford, [George Lockhart], laird of Carnwath, the laird of Jordanhill, [Archibald Douglas], marquis of Douglas's bailie and John Walkinshaw of Barrowfield.
Dumfries: James, earl of Dalkeith, Sir John Jardine of Applegarth, Sir Walter Laurie of Maxwelton, [William Grierson], laird of Lag, younger, [James Douglas], laird of Dornock, younger, John Bell of Crowdieknowe, William Irving of Auchinhedrig, George Maxwell of Carnsalloch, [...] Murray of Drumcrieff, William Johnston of Bearholm, Lieutenant Colonel Thomas Dalziel of Belford, [...] Menzies, younger of Enoch and Robert Johnston of Wamphray.
Wigtown: Lieutenant Colonel John Stewart of Sorbie, John Stewart of Physgill, William Coltrane of Drummorall, William Gordon of Grange, Alexander Agnew of Dalreagle, Patrick Vans, younger of Barnbarroch and Mr Andrew Ross of Carnbrock.
Ayr: Sir John Shaw of Greenock, Sir Alexander Home, advocate, Mr William Dalrymple, Mr James Boswell, younger of Auchinleck, Hugh Montgomery of Busbie†, John Montgomery, younger of Giffen, Patrick Hunter of that ilk, John Crawford, younger of Oldmuir, Hugh Cunningham of Clonbeith, Alexander Montgomery of Sloss, Robert Muir of Blairston, Samuel Muir of Park, William Blair, younger of Giffordland, James Ged† of Harygate, Charles Dalrymple of Langlands, James Campbell of Little-Cessnock, George Campbell of Netherwood, Robert Farquhar of Catharan, Sir Robert Montgomery of Skelmorlie, [...] MacKerral of Hillhouse, James Montgomery of Thirdpart and John Mitchell of Daldilling.
Dunbarton: [James Graham], marquis of Montrose, Colin Campbell of Ardingtoun, Archibald Campbell of Rachane† and William Campbell of Succoth.
Renfrew: [George Ross], master of Ross, Sir Robert Montgomery of Skelmorlie, James Hamilton, younger of Orbiston, James Maxwell of Belvarthill, James MacGilchrist of North Barr, Allan Pollock of Arthurlie, James Walkinshaw of that ilk, William Walkinshaw of Scotstoun, [John Caldwell], laird of Caldwell, Alexander Napier of Blackstoun, Hugh Crawford of Woodside, the laird of Aikenhead, younger and Sir John Shaw of Greenock.
Stirling: [James Graham], marquis of Montrose, Archibald Buchanan of Drumnakyle, Charles Row of Inverallan, writer to the signet, James Shaw of Dalquhairn, John Row of Bandeath, [George Stirling], laird of Herbertshire, younger, John Erskine, younger of Balgonie, [...] Cunningham of Caddell, the laird of Boquhan, younger, [Charles Hope], laird of Hopetoun and Sir John Shaw of Greenock.
Linlithgow: [James Sandilands], lord Torphichen, [Charles Hope], laird of Hopetoun, David Dundas of Philipston, George Dundas, younger of Duddingston, Francis Durham of Duntarvie, John Stewart of Newhall, Andrew Durham of Luchhold, James Crawford of Lochcote, John Hay, younger of Carribber, Robert Ramsay, younger of Blackcraig, Patrick Dundas of Breast Mill, Samuel Wilson, younger of Plewlands, William Sandilands of Corston,† Adolphus Durham of Boghead and James Dalgleish, bailie of Queensferry.
Perth: [James Graham], marquis of Montrose, [Charles Stewart], earl of Moray, [Thomas Hay], viscount of Dupplin, [John Campbell], lord Glenorchy, [Robert Rollo], lord Rollo, [Patrick Kinnaird], lord Kinnaird, Mr John Campbell of Mamore, James Stirling of Keir,† Sir John Murray of Glendoick, John Stewart of Invernettie,† Mungo Haldane, younger of Gleneagles, William Murray, younger of Ochtertyre, James Campbell of Lawers, William Murray, younger of Abercairney, William Graham, younger of Orchill,† James Graham of Garvock, John Graham of Gartoun, [...] Graham, younger of Balgownie, Thomas Moncreiffe, younger of that ilk, Captain Alexander Campbell of Finabb, David Drummond of Drummondernock, Mr George Drummond of Callander, John Drummond of Keltie, John Reid of Cultybraggan, John Drummond, younger of Pitkellony,† Mr Dougal Stewart, younger of Blairhall, Sir James Kinloch of that ilk, Mr Alexander Duncan of Lundie, Mungo Graham of Gorthie, Alexander Graham, younger of Duchray, William Graham of Glenure, John Campbell of Turrerich, William Stewart of Craigton, Alexander Stewart, younger of Craigton, the stewart depute of Monteith, Mr James Campbell of Lecropt, John Erskine, younger of Balgownie, George Preston, younger of Valleyfield, Colin Fairfoul of Brockindane, Captain Archibald Menzies of Culdees,† John Campbell of Loch Dochart, James Robertson of Park of Keir, John Muir of Craigomill, William Edmonstone of Steps, John Edmonstone of Coldach, Henry Buchanan, younger of Leny, Mr Robert Buchanan of Arnprior, Henry Balneaves of Rotmell, John Hadden of Landerick, John Mushet of Craighead, Mr John Fogo, portioner of Rames,† [...] Stirling of Kippendavie, [...] Graham of Meiklewood, Alexander Napier of Kings-Boquhapple, William Govan, younger of Boquhapple-Govan, Mr William Keir of Kilmonth, James Ramsay of Newton, [...] Stewart of Ballechin, Mr James Forrester of Millhill, Alexander† Deuchar of Comrie, Anthony Murray of Dollarie and James Campbell, younger of Burnbank.
Kincardine: Sir Charles Ramsay of Balmain, [...] Falconer of Newton, Mr John Falconer, younger of Phesdo, [...] Middleton of Balbegno and [...] Forbes, younger of Thornton.
Aberdeen: [William Gordon], lord Haddo, [William Keith], lord Inverurie,† [William Forbes], master of Forbes, Alexander Hay of Arnbath, Mr John Elphinstone, younger of Logie, the laird of Inverallochy, Captain John Forbes of Boyndie, James Keith, younger of Keithfield, the laird of Mursque, [Alexander Gordon], laird of Pitlurg, [William Seton], laird of Pitmedden, younger, William Keith, younger of Ludquhairn, [...] Leslie, younger of Kincraigie, James Keith of Clacriach, [...] Gordon of Auchridie,† [...] Gordon of Craig, [...] Gordon of Kegnith and William Panton of Milnetown.
Cromarty: [John MacKenzie], master of Tarbat, Mr Roderick MacKenzie of Prestonhall, Mr James MacKenzie of Fairness,† Aeneas MacLeod of Cadboll, William Gordon of Dalfolly and John Dallas of Bannans.
Argyll: Archibald† MacArthur of Arthurhall, Mr John Fullarton of Greenhall, Hugh Campbell of Leicks,† John Campbell of Orchard, the provost of Inveraray for the time, James Campbell, bailie of Inveraray, Patrick MacArthur of Stronoch,† Archibald Campbell of Clynirie, Sir James Campbell of Auchinbreck, Dougal Campbell of Kilberry, Colin Campbell, younger of Glendaruel and Archibald Campbell, younger of Leicks.†
Fife: [Archibald Campbell], duke of Argyll, the earls [John Hamilton/Leslie, earl of] Rothes, [Alexander Erskine, earl of] Kellie and [Thomas Hamilton, earl of] Haddington, the laird of Lundin, Mr Thomas Hope, younger of Rankeilour, Patrick Moncrieff, younger of Reidie, Alexander Gibson of Durie, John Crawford, younger of Mountquhanie, [...] Lundin of Auchtermairnie, younger, Mr David Barclay of Tannach,† Sir Michael Balfour of Denmilne, John Riddell of Grange, [...] Buntine,† younger of Middle Mill, Major William Arnott of Auchmuir, [Archibald Primrose], viscount of Rosebery, Sir James Halkett of Pitfirrane, Lieutenant Colonel Forbes of Pittencrieff, Sir William Hope of Craighall, Sir Andrew Ramsay of Abbotshall, David Douglas in Easter-Wemyss,† Sir John Preston of Prestonhall and John Cowan of Corston.
Forfar: [...] Carnegie of Balnamoon, [...] Carnegie of Boysack, Sir James Wood of Bonytoun, [James] Haliburton of Pitcur, David Lindsay of Edzell, Sir Colin Campbell of Aberuchill, David Falconer of Newton, George Maxwell of Tollen,† John Fullarton of Kinnaber, George Ogilvie of Lunan, Charles Ogilvie of Dysart, Captain Charles Straiton, Harry Crawford of Monorgan, Alexander Piper of New Grange, William Caulks† of Fullarton, [...] Moodie of Arbikie, Mr Robert Forbes of Learney, Mr Thomas Fairweather of Tarrie and Captain William Cramond of Muirtown.
Banff: George Gordon of Carnousie, Mr Andrew Hay of Montblairy,† James Gordon of Ardmellie, John Cuthbert of Brackenhills, William Gordon of Birkington, younger, Alexander Abercrombie of Glasshaugh, John Dunbar of Kirkhill, James Doull† of Crombie,† Alexander Wilson of Littlefield, Alexander Abercrombie of Skeith and Major Anderson of Westerton.
Stewartry of Kirkcudbright: John Murray of Broughton, Captain William Maxwell of Cardoness, provost Robert Johnston in Dumfries and John Sharp of Hoddam.
Caithness: [George MacKay], lord Reay, James Sinclair of Lyth, Patrick Sinclair of Brabsterdorran, Patrick Dunbar of Bowermadden, Alexander Sinclair of Dunn, David Sinclair, tutor of South Dunn, George Manson of Bridgend, William Budge, younger of Toftingall, Donald Groat of Warse, John Groat of Duncansby, John Manson of Whiteacre, Alexander Sinclair of Olrig, Donald Campbell of Aimster, George Sinclair of Barrack, John Sinclair, younger of Barrack, John Sinclair, younger of Asten, John Sinclair, younger of Lybster, James Sinclair of Holburnhead, Charles Sinclair of Bilbster, Alexander Sinclair of Oldrig, Captain Adam Cunningham of Ockingill, James Sinclair of Stanyster and Richard Sinclair of Thura.
Elgin: James Dunbar, younger of Durn and Robert Urquhart of Burdyards.
Orkney: Sir Archibald Stewart of Burray, John Stewart of Burgar,† George Baikie of Tankerness, Robert Baikie of Tankerness, younger, William Moodie of Melsetter, James Moodie of Melsetter, younger, Thomas Buchanan of Saintside, Mr James Stewart of Tuquoy, David Sutherland of Windbreck, Henry Ballantyne of Hammarhill,† Mr Robert Honeyman of Graemsay, Malcolm Scollay of Hutter† and the stewart of Orkney and his deputes.
Ross: Robert MacKenzie of Applecross, younger and Hugh Ross of Brealanguel.
The committees appointed to meet on Monday at 10 o'clock.
The lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until Tuesday next at 10 o'clock.