[1704/7/142]*[print] [email] [cite] [preceding] [following]
Prayers said. Rolls called.
Minutes of the last sederunt read.
The act in favour of the commissioners of justiciary; the act for exporting of wool, and the act continuing the commission, were touched with the sceptre by her majesty's high commissioner in the usual manner, of which acts the tenors follow.
[1704/7/143]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and the estates of parliament, taking to their consideration that the five lords of justiciary are not provided by any special act to a salary for their service, nor to any certain fund for their payment, but hitherto have had only £1,200 Scots each per annum paid to them by precepts from the lords of treasury, upon the receivers, and their places being one of the most important of the nation concerning both the lives and fortunes of her majesty's lieges, therefore, the queen's majesty, with the advice and consent of the estates of parliament, does fix and hereby fixes the said salary to be £1,200 Scots yearly to each of the said five lords, making in total the sum of £6,000 Scots, and to the effect they may be the better secured therein, and out of a certain fund that they may not be exposed to the inconvenience of undue payment, does hereby destine and appoint that the same shall in all time coming be paid to them and their successors in that office out of her majesty's customs at two terms in the year Whitsunday [15 May] and Martinmas [11 November] by equal portions, beginning the first term's payment at Martinmas next as for the first half year, and so furth each term thereafter. And for that end, has dissolved and hereby dissolves so much of the said customs from the crown as does extend to £6,000 Scots yearly for the end foresaid only, and ordains the present receivers, collectors and all others, in time coming, to pay to them and each of them and their successors in office their said salary of £1,200 Scots yearly established upon them by the force of this act, and that preferable to all other payments and next to the £20,000 Scots formerly allocated upon the customs to the lords of session. And to the effect the same may be more effectually secured, does hereby extend this present act in their favour with the same powers, privileges and order of diligence by horning etc. against all receivers, collectors, tacksmen, intromitters and others mentioned and contained in the seventh act, second session of King Charles II's first parliament, as fully and amply as thereby given in favour of the said lords of session, as if every particular clause were here word for word expressed and which shall be held as here repeated, dispensing with the not doing of the same.
[1704/7/144]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with advice and consent of the estates of parliament, ratifies and perpetually confirms the several acts of parliament prohibiting the importing of woollen cloth or stuff or any manufacture wherein there is wool, and allows the exporting of sheep wool and woollen yarn, whether of the growth of this or of any other kingdom, and that to the next session of parliament inclusive. And further, continues the exportation of sheep-skins with wool upon them, and allows the exportation thereof at all the ports of the kingdom, the said wool and skins paying duty as formerly. And it is hereby enacted and declared that all woollen manufacture of this nation exported shall be free of any impost whatsoever during the continuance of this act.
[1704/7/145]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, considering the great pains and diligence taken by the commission anent the public accounts appointed by the sixth act of the last session of parliament and satisfaction thereby given, and by the report thereof made to this session of parliament, and that, yet, there remains much of what was committed to be completed, therefore, her majesty, with advice and consent of the estates of parliament, renews the said commission to the persons therein named, in the whole heads, articles, clauses, provisions and all other points therein contained and, moreover, to examine upon whatever is or shall be remitted to them by this session of parliament, and particularly to call the collectors of the bullion and others liable to account before them. And this commission to endure to the next session of parliament inclusive and ordains their first meeting to be the first lawful day after adjourning of this session of parliament. And for the better carrying on and finishing the said work, and for the encouragement of William Seton of Pitmedden, younger, Mr John Clerk of Penicuik, younger, Mr Dougald Stewart [of Blairhall] and Mr Robert Fraser, advocates, four of the said commission, they allow to each of them £200 sterling out of the first and readiest of the rests and balances contained in their report, and £100 sterling out of the same subject to be divided by them between Walter Riddell, their clerk, and the other servants. And further, allows to David Callander, servant to the clerks of treasury, £50 sterling out of the said fund for his pains and services done by him in the said accounts.
[1704/7/146]*[print] [email] [cite] [preceding] [following]
Petition of Mr Walter Smith, minister of the castle of Edinburgh, craving payment of £75 sterling owed to him, free of poundage and invalid money, read and remitted to the commission for bygones resting to him, and to the lords of treasury as to what shall fall due to him in time coming.
The parliament, having considered Sir William Douglas's representation, they remit him to the commission, as others in the like case, and recommend him to the queen's majesty to provide for him in consideration he had his estate in France forfeited for his religion and for the nation's cause.
[1704/7/147]*[print] [email] [cite] [preceding] [following]
The process of Captain Thomas Hay against his creditors called and, none compearing, a protection was granted to him until the next session of parliament inclusive, as follows.
Anent the petition given in and presented to his grace [John Hay], marquis of Tweeddale, her majesty's high commissioner, and the right honourable the estates of parliament, by Captain Thomas Hay, merchant in Edinburgh, showing that in June 1702 the ship called the Good Hope of Leith, whereof the petitioner was an owner, was seized by Captain Thomas Butler, commander of her majesty's ship the Wolchester and brought her in to Berwick upon pretence that she had 15,000 stand of arms on board and ammunition conforming, for the use of the disaffected party in parliament (as it was then termed). And the said Captain Butler, having transmitted an account of what he had done to [James Douglas], duke of Queensberry, her majesty's high commissioner at the time, Sir Gilbert Elliott, clerk of the privy council, was sent to Berwick to inquire in that matter, who both searched the ship and took the master's oath whether he had any arms or ammunition aboard the said ship who, having testified to the contrary, Sir Gilbert made report that Butler's information was false and groundless. The said Captain Butler, not being satisfied with having unjustly seized the said ship and diverted her voyage, found out a new pretence to detain her prisoner, alleging that she was bound for Salé in Barbary, an enemy's country, and that she carried contraband goods aboard of her. Some Jews in Amsterdam, who were freighters of the said ship, applied to the admiralty, the ship was declared to be no prize, and the goods were taken from aboard her without paying one farthing of freight, though the master protested he was willing to ply the voyage from which he was most unjustly diverted contrary to all law and reason. But so little regard was had to this protest that the collector of Berwick ordered the hatches to be forced open and dragged the master ashore. The petitioner and the other owners, being advertised of this barbarous procedure, it was found necessary that one should go to London to crave redress, and the petitioner being sent thither, after six months' attendance at the admiralty court, he at last procured sentence reprieving the said ship, as they term it, which cost him above £80 sterling, besides loss of time and neglect of business at home. The other owners, finding that they were to expect no advantage from the said ship, did expose her to roup, but there being so many encumbrances upon her and the petitioner being so deeply engaged, was forced to take her wholly to himself and accordingly, by the roup, she was declared to be the petitioners, who having carried carpenters, masters and others to take inspection of the said ship, they found that the whole tackling and other utensils were stolen away, and that which was left was rendered useless, so that the petitioner was obliged to fit and equip the said ship anew, and was also discerned by the lord mayor of Berwick to pay £32 sterling to a seaman for taking care of the said ship, though it can be proven that he was most part of that time prisoner there. As likewise, they were obliged to pay for their own provisions which they had violently plundered from them. The petitioner having answered all their demands, cleared off all debts and the ship being just ready to sail, there was a new order produced for seizing and arresting the said ship anew, and the petitioner, having no hopes of being redressed of his losses from England, he does with all humility apply himself to his grace and their lordships, beseeching them to consider the affront put upon our nation by Butler's unjust capture, which gave occasion to all the misfortunes that attended it. For firstly, the petitioner was thereby deprived of a beneficial freight hire which was to have been 2,800 guilders. Secondly, his other charges have been above £250 sterling which has fallen so very heavy upon the petitioner that it has run his whole affairs in disorder, put him from trading and forced him to betake himself to the sanctuary for his person. The petitioner also does further represent that there is £170 sterling of arrears owing him by the public. And therefore, craving his grace and their lordships to take the petitioner's hard circumstances to serious consideration and to fall on such methods for repairing his losses (in which the honour of the nation is concerned) as their justice and wisdom shall think fit and, in the meantime, to grant a protection for his person, there having scarce any case occurred which pleads more compassion and to which all his creditors except two have already consented, as the said petition bears. Which petition, being read in the presence of her majesty's high commissioner and the said estates of parliament upon the 23rd instant and they, having considered the same, they granted warrant to macers or messengers to cite the petitioner's creditors before the parliament on twenty-four hours' warning to the effect the petitioner might obtain protection, by virtue whereof James Gordon, messenger, on the 24th instant lawfully summoned, warned and charged Mr Hugh Somerville, writer to the signet, John Bell, merchant in Edinburgh, Robert Wilson, merchant there, Robert Blackwood, merchant and dean of guild of Edinburgh, Walter Chiesley, merchant there, Robert Stewart, dyer there, Mr Francis Grant, advocate, Uthred MacDougall, merchant in Edinburgh, Roger Hogg, merchant there, Charles Mitchell, writer there, Robert Hunter, elder, merchant there, for himself and in name and behalf of the company and masters of Paul's Work at the foot of Leith Wynd, Mr Duncan Willison, merchant there, Robert Marshall, merchant there, Gavin Thomson, writer there and Thomas Smith, brewer there, all of them creditors to the said Captain Thomas Hay, to have compeared before the said high commissioner and the said estates of parliament on this 25th instant to the effect above-mentioned, and made certification in manner expressed in the foresaid warrant and execution, and that by delivering to the said Robert Stewart, Robert Marshall and Gavin Thomson just and authentic copies personally apprehended and affixing and leaving the like, just and authentic copies for the said John Bell, Robert Wilson, Mr Hugh Somerville, Robert Blackwood, Walter Chiesley, Mr Francis Grant, Uthred MacDougall, Roger Hogg, Charles Mitchell, Robert Hunter, Mr Duncan Willison and Thomas Smith, at and upon the most patent doors of their respective dwelling houses and chambers in Edinburgh, after he had knocked six several knocks upon each of them, as use is, and intimated the same to their servants, because he could not apprehend themselves personally, as the said warrant and execution thereof also bear. Which process and action, being this day called in the presence of her majesty's high commissioner and the said estates of parliament, and the said whole defenders being called by a clerk and macers both in the parliament house and at the open gate of the same, as use is in the like cases, to have compeared therein and they having failed to compear, as was clearly understood to his grace her majesty's high commissioner and the said estates of parliament, and they having again considered the foresaid petition, warrant above-specified and execution thereof and being therewith and with the absence of the said defenders, well and ripely advised, her majesty's high commissioner and the said estates of parliament granted and hereby grant a protection to the said Captain Thomas Hay, petitioner, for security of his person against all diligence for civil debts due by him to his said creditors until the next session of parliament inclusive, declaring also, it is hereby declared that this protection shall not defend against any diligences for warranting, assignations and dispositions granted by the petitioner to any of his creditors. Extract.
[1704/7/148]*[print] [email] [cite] [preceding] [following]
The process of Patrick Steel against his creditors called and, none compearing, a protection was granted to him until the next session of parliament inclusive in manner following.
Her majesty's high commissioner and the estates of parliament, having heard the petition of Patrick Steel, vintner in Edinburgh, showing to them that the petitioner, having last session of parliament represented to his grace and their lordships that his affairs had run into disorder by his misfortune in being cautioner for persons who proved insolvent by losses at sea, bad debtors, negligent and unfaithful servants and partly by the too great rigour of some of his own creditors, as also, that he had done everything in his power for their satisfaction in denuding himself of all his heritable and moveable estate in their favour, and in order to the obtaining a protection from her majesty and the high court of parliament for his person, the petitioner did summoned his creditors to compear and adduce what reasons they could why the desire of his petition should not be granted. But they, being convinced that his liberty to look after his business would contribute to their advantage as well as the petitioners, made no opposition to the indulgence and the honourable estates of parliament were graciously pleased to grant it. But the time of the continuance of this benefit being almost expired, the petitioner is necessitated again to make application to his grace and their lordships, and to show that he has made no ill use of the favour and compassion that was granted him, he humbly begged leave to represent that since that time he has paid £13,615 Scots to Whitehill and Craigforth, two of the most preferable of his creditors, and £5,000 to others, which not only disburdens his effects of a considerable sum, but shows his willing inclinations to do them all justice. And now seeing its well known that the petitioner's present circumstance has been occasioned more by his misfortune than fault, that his creditors have been already cited, that most of them have consented to a supersedere and that a very few remain peevish and obstinate, therefore, craving his grace and the honourable estates of parliament to take the premises to consideration and to prorogue his liberty to such a term as their wisdom should think requisite for settling the petitioner's affairs to his and his creditors' satisfaction, as the said petition bears. And her majesty's said commissioner and the estates of parliament, having fully considered the said petition and that the petitioner had caused call his creditors in form of law to the effect above-mentioned, and that the said creditors, though this day called in the usual manner, yet failed to compear and, being therewith, well and ripely advised, they renewed and hereby renew the protection in favour of the petitioner until the next session of parliament inclusive, but on condition always of his doing justice to Daniel Campbell, merchant in Glasgow, according to the nature of his debt.
[1704/7/149]*[print] [email] [cite] [preceding] [following]
Process of George Dundas against his creditors called and, none compearing, a protection to the next session of parliament inclusive was granted to him as follows.
Anent the summons and action intended and pursued before his grace her majesty's high commissioner and the estates of parliament, at the instance of George Dundas, merchant in Leith, against his creditors after-mentioned namely, James Forrest, merchant in Leith, Captain James Murray, merchant in Edinburgh, for himself and as tutor for James Edmonston, James Shearer, sergeant in [...] company in the regiment of guards, Marion Aitken, widow of Alexander Henderson, Robert Milne, mason, John Cleghorn, present treasurer of Edinburgh, Mr Robert Blackwood, merchant there, Sir Thomas Moncreiffe of that ilk, Captain John Brown, skipper in Leith, Adolphus Durham, merchant there, Robert Muir, merchant there, James Hay, writer in Edinburgh, Sir John Shaw of Greenock, Archibald Hamilton of Haggs, Sir Archibald Stevenson, doctor of medicine, Mistress Anna Edgar, indweller in Edinburgh, James Anderson, baker there, James Hamilton of Pencaitland, Captain John Wightman, merchant in Edinburgh, Mr John Spottiswood, advocate, Mr James Elphinstone of Logie, Mr Archibald Graham, late bishop of the Isles, Alexander Lindsay, merchant in Edinburgh, Janet MacGill, widow of John Iddington, writer in Edinburgh and tutrix for James Iddington, her son, Alexander Glen, writer in Edinburgh, Andrew Cockburn, cashier to the African Company, for himself and as representing the directors thereof, Mr George Pitcairn, commissary of Dunkeld and his mother, Mr James Ferguson, advocate, factor for [...] Falconer of Newton, John [Maitland], earl of Lauderdale, Sir John Lauder of Fountainhall, Sir James Murray of Philiphaugh, Sir Robert Dundas of Arniston, Sir William Hamilton of Whitelaw, Sir James Falconer of Phesdo, Sir Colin Campbell of Aberuchill, Sir Hugh Dalrymple of North Berwick, lord president of the session, Sir David Home of Crossrig, Sir John Maxwell of Pollok, Sir John Hamilton of Halcraig, Sir Archibald Hope of Rankeillour and Sir William Anstruther of that ilk, senators of the college of justice, Mr John Haliburton, advocate, William Boyd of Woodmill, Margaret Fowler, widow of [...] Brand, baker in the Canongate, Alexander Stewart of Torrance, Mr John Birnie of Broomhill, David Scott of Scotstarvit, Laurence Dunwooddie, merchant in Glasgow, James Crawford of Montquhanie, Christian Dundas, Lady Northbank, Walter Stewart of Pardovan, John Waugh, present dean of guild of Linlithgow, for himself and in name of the guildry there, and John [Paterson], late archbishop of Glasgow, the which summons makes mention that, where by the late act of parliament anent protections, it being ordained that no protection be thereafter granted without citation of the creditors upon fifteen days and inserting their names and designations in the protection. And by a former act of parliament in the year 1695 anent regulating citations before the parliament, it is ordained that summons and warrants for citations before the parliament shall in time of parliament be granted by a deliverance of parliament upon a bill to be given in by the party containing the matter of the cause or complaint, signed by himself or an advocate for him, and to be subscribed by one of the six clerks of parliament and presented to the lord chancellor or president of the parliament for the time, or any of the officers of state, that the same may be by them passed in course, and shall in the recesses and intervals of parliament be granted by deliverance of the lords of session upon a summary citation to abide neither continuation nor roll in the aforesaid upon a bill containing, presented and subscribed as above and no otherwise. Which summons or citations, being granted summons in her majesty's name, shall be thereon directed in manner mentioned in the said act, and the pursuer being resolved to prosecute a protection against the said creditors in the terms of the said act of parliament and to obtain the same for the reasons following. Firstly, because the most of the distresses that are against the pursuer are not for any debts due by himself but only as cautioner for [Patrick Grant of] Bonhard, and yet for his said whole creditors' better security and payment he is content to assign and make over to them the sum of 25,000 merks due by Bonhard to him, and Bonhard, having upon a disposition by him to his creditors of his whole estate, applied to her majesty's high commissioner and right honourable the estates of parliament for a protection to his person against his creditors, it is humbly conceived that the pursuer, who is cautioner for him, ought also to have a protection for the said debts. Secondly, considering that the said sum of 25,000 merks due by Bonhard to the pursuer is all that he has whereby to satisfy them, and the personal execution against him will no way contribute towards their speedier payment and his retiring and absconding, for fear thereof, will rather incapacitate him to use that industry and follow such employments as might happily redound to their mutual advantage in case he were at liberty to prosecute the same. And therefore, her majesty and the said estates of parliament ought and should grant a protection to the said pursuer's person in the terms of and in manner mentioned in the act of parliament above-specified, for the reasons and causes foresaid and others, he citing his whole creditors above-mentioned to hear the same granted or object thereagainst in manner and in the terms above and after mentioned, and anent the charge given by macers and messengers at arms to the said whole forenamed persons defenders to have compeared before his grace and the estates of parliament at a certain day long bygone, to have heard and seen decreet and sentence given and pronounced in the said matter, in manner above and underwritten, as in the said summons and executions thereof more fully is contained, after elapsing of the diet to which the defenders were cited to compear, the said summons was called in the presence of her majesty's high commissioner and the estates of parliament upon 10 January 1701, at which time the pursuer, compearing by Mr John Fairholm, advocate, his procurator and the said defenders by Mr James Graham and Mr William Black, advocates, their procurators, the foresaid summons was appointed to be given out to be seen by the defenders' procurators, and was accordingly given out upon the said 10 January and seen and returned by the defenders' procurators upon the 17th of the said month. Thereafter, the foresaid action, having lain over until 29 June 1703, there was intimation then made for the pursuer to the defenders' procurators that he was to insist therein, and that they should not pretend ignorance thereof, as an instrument under the hand of Patrick Murray, notary public, bears. Afterwards, there was a petition to her majesty's high commissioner and the estates of parliament given in for the pursuer, showing that he the said George, having had the misfortune not only of being a creditor of Bonhard's for the principal sum of 25,000 merks, being the whole stock he had acquired for his own and family's subsistence and provisions, but also was still more unfortunate in being cautioner for him in several considerable sums amounting to above £40,000 Scots. Bonhard being distressed by his creditors, the pursuer was necessitated to retire and abscond and his whole stock is now evicted by arrestments and adjudications and he is rendered incapable these three years bygone to use that industry and follow such employments as might in any way tend to procure a livelihood to himself and family. In order to procure his liberty, he did humbly submit himself to his grace his late majesty's commissioner and estates of parliament upon the act of parliament of 1698 anent protections, and did cite his creditors to compear before his grace and the honourable estates of parliament to hear and see protection granted to him for his person for such a time as should be thought convenient and that for the following reasons. Firstly, because the most of the distresses against him are not for any debt due by himself but only as cautioner for Bonhard, and yet for the pursuer's said creditors their better payment he is content to assign and make over to them his rights and adjudications for sums of money either properly due to himself or which he has obtained for his relief. And seeing Bonhard is at present at liberty, the estate being sequestrated in a factor's hand for the behoof of his creditors, it is humbly conceived that the pursuer who is cautioner for him ought also to have protection for his engagements. Secondly, many of the pursuer's creditors, knowing that the 25,000 merks due to him is all he has to satisfy them with, and that personal execution against him will no way contribute to their speedier payment, but that his retiring and absconding for fear thereof does rather incapacitate him from that industry and employment which might tend to their mutual advantage (in case the pursuer were at liberty to prosecute the same), did, therefore, consent that his grace and the honourable estates of parliament might grant the pursuer a protection for such a time as they should think fit, as the signed consent lying in process does testify. And in regard that the process being now ready to be advised and that intimation is made thereof by way of instrument to the defenders' advocates and that others of the pursuer's creditors have most unreasonably refused to give their consent, therefore, craving his grace and the honourable estates of parliament to compassionately consider the pursuer's case and to cause call his foresaid summons for protection, and to advise the same with the reasons above-mentioned in order to grant him a personal liberty for such time and space as his grace and their lordships should think fit, as the said petition bears. Which petition, being upon 23 September 1703 considered by his grace her majesty's then high commissioner, and the estates foresaid, they appointed all parties concerned to be ready to debate their concern in the above cause the first diet the parliament should be upon private business. And there being upon 24 August instant an intimation for the pursuer again made to the forenamed procurators of his said creditors, that he was to insist in his said action for a protection, as another instrument under the hand of the said Patrick Murray, notary public, fully bears, thereafter, the foresaid action and cause was upon the day and date hereof called in the presence of her majesty's high commissioner and the estates of parliament foresaid and they, having heard the said petition and that the said process at the pursuer's instance against his creditors being publicly called at the great door of the parliament house, in the usual manner, none compeared to object against the desire thereof and, being therewith well and ripely advised, they granted and hereby grant to the said George Dundas, pursuer, a protection for security of his person against all legal diligences for civil debts due by the pursuer to his creditors above-named called in this process, until the next session of parliament inclusive, declaring that this protection shall not defend against any diligence for warrandice of assignations and dispositions granted by the pursuer to any of his said creditors.
[1704/7/150]*[print] [email] [cite] [preceding] [following]
The account of the tunnage, read, whereof, and of the commission's remarks thereon, the tenors follow:
By an unprinted act of 1695 there was 16s imposed upon each tun of foreign ships trading in this kingdom and 4s Scots on the tun of each Scots ship above twelve tuns' burden.
This imposition commenced 1 August 1695, being appointed for carrying on an account of the ancient and present state of this kingdom and a geographical description thereof by Captain [John] Slezer and John Adair, and was to be uplifted by the collectors of the customs who were made liable for their omissions as well as their intromissions.
Upon 1 September 1698 the parliament did by a new act reduce the imposition of 16s per tun on foreign ships to 8s Scots per tun for encouragement to those who would export coal, and raised the foresaid imposition to 24s shilling per tun to be exacted from all other foreign ships arriving in this kingdom upon the account of any other trade. This new imposition, with the above-mentioned 4s on our own shipping, was continued for five years to be applied for keeping up the three frigates belonging to the government and for maintaining a professor of law at Edinburgh, in so far as there should be an surplus in the tunnage more than what should be found due to John Adair and Captain Slezer.
| Charge of the tunnage upon the collectors from 1 August 1695 to 1 August 1698 | £ | s | d |
| By collections, £21,339 | £21,339 | - | - |
| Discharge | |||
| For printing presses, types, paper and other charges for promoting the geographical description of this kingdom by John Adair, £12,840 | £12,840 | - | - |
| Brought from the other page | £12,840 | - | - |
| To Captain Slezer, £4,800 | 4,800 | - | - |
| To Sir Archibald Sinclair and Hugh Brown, £3,300 | 3,300 | - | - |
| Balance resting by the collectors, £399 | 399 | - | - |
| Total | £21,339 | - | - |
This is the best account the commission can give to the parliament of the tunnage until the year 1698, for though nothing has been wanting in their part to the making up of a more exact charge upon the collectors by considering the report books belonging to the several customs houses and the books of the lights of May island, yet their endeavours have hitherto been unsuccessfully. However, they have good reason to think that if this fund had been rightly managed it had turned to a much better account.
The commission has succeeded no better in their inquiry into the same from 1 February 1698 to 1 September 1703, only by a modest computation and with respect to the first charge they apprehend that at least the sum of £44,000 ought to be charged upon the collectors. But they hoped there will be such measures laid down by Sir Andrew Home, now general collector of that fund, as will prove effectual for giving the parliament satisfaction.
They must likewise represent to the parliament that four of their number did visit Mr Adair's work and told them it was far advanced and deserved encouragement.
[1704/7/151]*[print] [email] [cite] [preceding] [following]
The petition of Alexander Nisbet read, and recommended to the commission for any fund that can be found for him.
Memorials for Mr Adair and Captain Slezer, with a petition for Sir Robert Sinclair, read and remitted to the commission with preference to their respective interests conforming to the act of parliament.
As to the rests and embezzlements of the tunnage, remitted to the commission to assist Sir Andrew Home to make the imposition effectual, and to hear any representations thereupon and recommended to the lords of treasury and exchequer to roup the same with the burden of his bygone salaries.
[1704/7/152]*[print] [email] [cite] [preceding] [following]
Act for an imposition on foreign ships in favour of Mr Adair to bear his charge of finishing the maps and descriptions of the sea coasts and islands read, with the foresaid report of the commission concerning the progress made by him. Ordered that in the act there be inserted that he go on to perfect the sea maps in the first place and next the land maps, and that the duty be 12s on the tun and to endure for five years, and then ordered a first reading to be marked on the act.
[1704/7/153]*[print] [email] [cite] [preceding] [following]
The accounts of the admiralty read, whereof, and of the observations thereon, the tenors follow.
| Charge upon the admiralty | £ | s | d |
| 1. By cash received out of the poll-money and otherwise, £237,558 9d | £237,558 | - | 9 |
| 2. From Sir Andrew Myreton [of Gogar] per the treasury's precept in Sir George Hamilton's account, £48,000 | 48,000 | - | - |
| Total | £285,558 | - | 9 |
| Discharge | |||
| 1. For providing ships of war and maintaining the same with other necessaries thereto belonging, £273,558 9d | £273,558 | - | 9 |
| 2. Given to Sir Andrew Myreton, £12,000 | 12,000 | - | - |
| Total | £285,558 | - | 9 |
[1704/7/154]*[print] [email] [cite] [preceding] [following]
Observations on the accounts of the admiralty
1. That the first article has been considered by a particular account and found fully instructed and applied for the uses of the admiralty.
2. That the £12,000 mentioned in the discharge as given to Sir Andrew Myreton, he retained the same for advancing £36,000 of the treasury's precept mentioned in the charge.
3. That considerable arrears are owing to the seamen, amounting to the sum of £84,000 or thereby.
Upon reading whereof, the first observation sustained, the second observation remitted to the commission to inquire thereupon and to report.
[1704/7/155]*[print] [email] [cite] [preceding] [following]
The parliament, having heard that part of the report relating to the false musters which is as follows: That though the standing forces since the year 1693 were paid as complete according to the establishments yet, by the check muster rolls subscribed by the magistrates of the places where the musters were made, it is evident that for the space of some years thereafter the several regiments and companies were seldom or never complete, but deficient in considerable numbers. The commission cannot positively affirm who must be answerable to the parliament for these abuses, the muster-master general being then out of the kingdom who they doubted not is able to inform the parliament better of this matter than they can, only, in all humility, they must represent that this deserves the parliament's consideration that a right method may be fallen upon for preventing the like in time coming. And having also heard a petition presented by John Smith offering to discover the said false musters, who, being called, alleged that Thomas Bruce, general muster-master, had received £100 sterling and one man of each company of the regiment in the garrison of Inverlochy to get their muster rolls completely given in, which he offered to prove by Colonel Forbes and John Forbes, agent to the regiment. And with consent of Mr Bruce, John Forbes was examined and he ordained to produce his books on oath before the commission, and remitted to them to meet tomorrow at 8 o'clock to inspect the articles in the books, and to call the said John Forbes, Colonel Forbes or any other who were officers in that regiment and to state the whole articles relating to this affair, and the manner of probation and by whom, and to report to the parliament.
[1704/7/156]*[print] [email] [cite] [preceding] [following]
Petition of [Patrick Hume], earl of Marchmont, craving a ratification of a charter in his favour to be passed, read.
Remitted to the commission to inquire how far Kilmaronock and his partners were disadvantaged in their tack of the excise and to report.
[1704/7/157]*[print] [email] [cite] [preceding] [following]
Account of the arrears due to the army for clearings and clothing money from 1 November 1689 to 1 December 1700, read, which, with the observations thereon made by the commission of parliament, are as follows.
| £ | s | d | |
| Resting to the army from 1 November 1689 to 1 February 1691, £374,477 15s 9d | £374,477 | 15 | 9 |
| From 1 February 1691 to 1 February 1693, £107,828 17s | 107,828 | 17 | - |
| From 1 February 1693 to 1 January 1698, £171,324 2s | 171,324 | 2 | - |
| From 1 January to 1 July 1698, £45,510 9s | 45,510 | 9 | - |
| From 1 July 1698 to 1 December 1700, £637,132 2s | 637,132 | 2 | - |
| Total | £1,336,273 | 5 | 9 |
[1704/7/158]*[print] [email] [cite] [preceding] [following]
Observations upon the arrears due to the army
1. That if the forces had been paid according to their numbers, as they were mustered, a far less sum had been resting to them.
2. That the establishments were increased from time to time and in no way proportionable to the funds appointed by the parliament.
3. That the deficiencies, allowances and abatements in the tack duties of excise gave occasion to the above-mentioned arrears.
Overture for an act anent the misapplying the funds, read.
[1704/7/159]*[print] [email] [cite] [preceding] [following]
Account of what is owed to the public of the cess, excise, hearth-money, poll-money and tunnage since the year 1689 to 1701, read, which is as follows:
| £ | s | d | |
| Dues of cess and excise as per the commission's observations on the second account, £78,192 | £78,192 | - | - |
| By the fractions of the cess omitted in the second account, £400 | 400 | - | - |
| By the rests of cess and excise as per the discharge of the fourth account, £49,447 | 49,447 | - | - |
| By Sir Thomas Moncrieff to account of the civil list, £33,128 10s | 33,128 | 10 | - |
| By Sir Thomas Kennedy of his tack duty of excise, £22,464 | 22,464 | - | - |
| By [Sir Alexander Bruce of] Broomhall as the balance of the fifth account, £15,140 8s | 15,140 | 8 | - |
| By [James Douglas], duke of Queensberry's bonds, £42,144 | 42,144 | - | - |
| By the late [Archibald Campbell], duke of Argyll's bond, £9,437 4s | 9,437 | 4 | - |
| By Colonel Hamilton's bond, £588 | 588 | - | - |
| By the fractions of cess omitted in the sixth account, £1,300 6s | 1,300 | 6 | - |
| By rests of cess and excise not carried to any subsequent account as per the observation on the seventh account, £20,104 5s | 20,104 | 5 | - |
| £272,345 | 13 | - | |
| Brought forward from other page | £272,345 | 13 | - |
| By fractions of cess omitted in the seventh account, £2,400 | 2,400 | - | - |
| By bailie [William] Menzies [of Gladstains] and Captain Wood of their tack duty of excise, £348,000 | 348,000 | - | - |
| By the fractions of cess omitted in the eighth account, £1,846 | 1,846 | - | - |
| By the collectors of the poll of 1693, £55,670 16s | 55,670 | 16 | - |
| By [George Baillie of] Jerviswood of the poll of 1693, £4,350 16s | 4,350 | 16 | - |
| By the tacksmen and partners of the poll of 1695 until four articles of their accounts be instructed, £26,376 | 26,376 | - | - |
| By the tacksmen of the poll of 1698, £38,077 4s | 38,077 | 4 | - |
| Total | £749,066 | 9 | - |
Besides these debts owing to the public there will be considerable sums resting out of the hearth money and tunnage, these funds not being brought as yet to any distinct charge.
[1704/7/160]*[print] [email] [cite] [preceding] [following]
Upon reading of which account, the first three articles remitted to the commission to inquire if those that were receivers at that time received these balances, and the lords of treasury ordered to raise processes against the deficients. The fourth article with the abbreviate given in for exhausting the same, remitted to the commission. The fifth article, remitted to the commission. As to the payment of the sums in [James Douglas], duke of Queensberry's and late [Archibald Campbell], duke of Argyll's bonds, remitted to the commission to hear their defences, and to divide amongst the officers who had right to these funds out of which these sums were borrowed what shall be found due. As to Colonel Hamilton's bond, the contents thereof cleared formerly. As to all the fractions of cess omitted, the quota to be kept up and the collectors liable, and what is omitted in general, remitted to the commission to inquire thereupon and to report.
The parliament declared they would consider Sir William Menzies [of Gladstains's] petition next sederunt.
[1704/7/161]*[print] [email] [cite] [preceding] [following]
Moved that enquiry be made anent the arrears of the tack duty of the Lord Belhaven's tack in the terms of the deliverance of parliament therein in his favour, and the question being stated, whether to remit the same to be determined by the lords of exchequer or to the commission of parliament to make enquiry and report against the next session of parliament, and carried remit to the commission.
The lord chancellor, by order of the lord high commissioner, adjourned the parliament until tomorrow at 10 o'clock.