[1704/7/162]*[print] [email] [cite] [preceding] [following]
Prayers said. Rolls called.
Minutes of the last sederunt read.
The process of [David Bruce], laird of Clackmannan against his creditors being called and none of them compearing, protection was granted to him to the next session of parliament inclusive, in manner following.
Anent the summons and action raised and pursued before the high court of parliament at the instance of David Bruce of Clackmannan against his creditors after-named namely, Mr Alexander Campbell, minister of the Gospel at Inveraray, as representing the deceased James Edmonston, merchant in Edinburgh, Mr Thomas Learmonth, advocate, Margaret Williamson, only lawful daughter and heir to the deceased James Williamson, only lawful son and heir to the deceased John Williamson of Barnhill, Charles Milne, writer to the signet, lawful son to Robert Milne of Balfarg, as representing the deceased Walter Weir, merchant in Edinburgh, [...] Murray, lawful children to the late Mr Patrick Murray, minister at Stirling, William Rowe, eldest lawful son to the late James Rowe of Chesters, [...] Murray of Polton, as representing the deceased John Johnston, lately one of the bailies of Edinburgh, his father-in-law, William Angus in Burntisland, as representing the deceased Patrick Angus there, James Ged, skipper there, as representing the deceased Patrick Ged there, William Robertson, merchant in Edinburgh, John [Erskine], earl of Mar, Sir John Shaw of Greenock, [...] Lundie of Glaswell, Agnes Simpson, widow of George Bervie, maltman in Kirkcaldy, George Bervie, their son, and Agnes Bervie, widow of the deceased Henry Boswell, late provost of Kirkcaldy, as representing the said late Henry Boswell, Andrew Mitchell in Easter Gellets, as heir and representing the deceased Andrew Mitchell, his father, John Watson of Dunnikeir, James Campbell of Gargunnock, James Kennoway in Kinross, Alexander Dick, baker and as treasurer of the Queensferry, James Moodie in Long Carse of Alloway, as representing the late Robert Miller there, William Bird, present treasurer for the guildry of Stirling, William Aitken, present master to Cowan's hospital there, William Murray, present master to Spittal's hospital there, Patrick Stevenson, present treasurer to the kirk session there, Christopher Russell, son and apparent heir to the late Robert Russell, late provost there, James Campbell of Dollar and Isobel Morris, his spouse, Margaret Eadie, spouse to John Cowie, merchant in Dunfermline, and the said John for his interest, Elizabeth Eadie, spouse to David Eadie, present treasurer there, and the said David for his interest as representing the deceased Henry Innes, weaver there, Isobel Bennett, widow of the deceased William Couston of Barhill, Sarah Wilson, lawful daughter to William Wilson at the waulk-mill of Crombie, John Smeaton, son to the late Thomas Smeaton in Alloway, as representing James Mitchell in Alloway, Mr Robert Wright there,† John Anderson elder and younger in Wester Gellets, John Morrison, baker in Alloway, as representative to [...] Steven there, Robert Ferguson, servant to the earl of Mar, as representing Daniel Ferguson, tailor there, John Kirk, treasurer to the kirk session there, William Henderson as representing the late Thomas Henderson of Whitehill, John Dempster in townhead of Alloway, as representing the late James Dempster there, John Scotland in Wester Saline, as representing the late Robert Gibb and Margaret Gibb, his daughter there, Charles Keirie of Gogar, for himself and as representing Mr Robert Bruce of Woodside and his sisters, William Galloway, wright in Edinburgh, as heir to the late William Galloway in Jellium† in Alloway, John Callander, collector or surveyor in Bo'ness, Elspeth Spowart, widow of John Sawyers in Alloway and John Sawyers, her son, as representing the late Margaret Steven, her mother there, John Anderson in Kincardine, as representing James Anderson there, Margaret Richardson, widow of the late Colin Oliphant in Burntisland, and [...] Oliphant, her daughter, Beatrix Ged, widow of James Bruce, messenger there, David White in Clackmannan, Walter Robb in Balwherne, Sir William Bruce of Stainhouse,† John Wordie of Torbrex, David Douglas, son to the late Harry Douglas in the Gellets, George Currie in Primescoss,† James Hutton in Corsford, as representing the said the late Harry Douglas, John Mason in Alloway and Isobel Fotheringham, his spouse, Thomas Scotland in Wester Dollarbeg, Captain John Bruce in Clackmannan, Lieutenant Harry Bruce in Sauchie, Mr Charles Bennett in Easter Livilands, son to the late Mr George Bennett, minister at St Mineans, Robert Scotland in Clackmannan, Katherine Bruce, daughter to the late John Bruce, merchant at Dundee, John Robertson, son to the late Mr John Robertson, late bailie of Haddington, as representing the deceased John Robertson, writer in Edinburgh, Sir James Justice, one of the principal clerks of council and session, as representing bailie [...] Justice, James Baird, writer to the signet, as representing John Anderson, writer there, Mr John Menzies of Cambo, advocate, for himself and as representing William Reid, merchant in Edinburgh, William Bennett, younger of Grubbet and [Elizabeth] Hay his lady, as representing Sir David Hay, doctor of medicine, Alexander Drummond, writer in Edinburgh, as representing the deceased Mr Alexander Drummond, writer in Edinburgh, his father, William Brown of Dalgowrie, lawful son to and as representing Mr James Brown, Archibald Sydserf, now of Ruchlaw, lawful son to Archibald Sydserf of Ruchlaw, James Laffries, writer in Edinburgh, as representing the deceased Mr James Caithness, writer in Edinburgh, his father-in-law, Walter Young, merchant in Edinburgh, James Guthrie, merchant in Edinburgh, Mr Thomas Rigg, writer in Edinburgh,† William Paton of Panholls, writer to the signet, for himself and as representing the heirs of Alexander Gay, late depute town clerk of Edinburgh, Doctor Alexander Brown, as representing the deceased James Kello, writer there, Sir Robert Sinclair of Longformacus, Gilbert Fyfe, merchant in Edinburgh, Mistress Katherine Binning, widow of and as representing the late [...] Scott of Bavelaw, Mr George Douglas, eldest lawful son to the late Henry Douglas, writer in Edinburgh, his father, Patrick Williamson, vintner in Edinburgh, as representing the deceased Thomas Littlejohn, tailor there, Margaret Gibb, widow of the late Mr George Jolly, merchant in Edinburgh, Thomas MacBrair, indweller in the abbey of Holyroodhouse, Jean and Margaret MacBrair, children to the said Thomas, as representing the late James Gibb, merchant and vintner in the Canongate, Gilbert Kirkton, writer in Edinburgh, [...] Kerr of Morriston, John Kennedy, apothecary in Edinburgh, as representing the heirs of William Ramsay, indweller there, Agnes Williamson, spouse to Alexander Couston, pewterer there, Captain John Bruce,† Margaret Henderson, widow of David Hodge, indweller in Leith, Agnes Law, daughter to the late [...] Law, goldsmith in Edinburgh, and as heir to her said late father Mr George Shaw, advocate, John [Dalrymple], viscount of Stair, Mr William Dalrymple of Glenmure, Mr Roderick MacKenzie of Prestonhall, Mr John Buchanan, writer in Edinburgh, and Christian Wright, his spouse, Mary Craigingilt, widow of Mr Robert Wright, minister at Clackmannan, Mary Wright, widow of James Bruce, merchant in Alloway, Patrick Pitcairn, younger of Pitlour as representing the heirs of Archibald Wilson, late bailie in South Queensferry, William Bruce of Newton, Alexander Bruce, his son, Alexander Inglis, merchant in Edinburgh, Charles Craigingelt of Woodside, David Bruce, apothecary in Edinburgh, Gavin Hamilton, one of the depute clerks of council and session, Patrick Blair, writer in Edinburgh, Robert Boyd, writer there, John Wright of Kersie, Rebecca Pringle, spouse to Reuben MacReuben, periwig-maker in Edinburgh, and him for his interest as representing David Pringle, surgeon there, Sir Andrew Ramsay of Wauchton, Mr David Blair, minister of the Gospel at Edinburgh, and John Blair, writer there, his brother german, as representing the widow of Mr Robert Blair, late minister at St Andrews, Alexander Gray, merchant in Edinburgh, as representing Alexander Cruickshanks, merchant there, John Edgar, lawful son to the late Thomas Edgar, surgeon there, as representing his said late father, George Suttie, lawful son to the late James Suttie, merchant in Edinburgh, as representing the late Mr George Suttie and [...] Suttie, his children, Alexander Aikenhead, writer to the signet, David Plenderleith, writer there, George Lockhart of Carnwath, as representing the late Sir George Lockhart of Carnwath, his father, Katherine Hamilton, widow of the late Mr Alexander Dunbar, writer to the signet, and Ronald Dunbar, his son, as representing the deceased Mr James Dunbar, minister of the Gospel, William Murray of Haldane, Sir James MacLurg, late dean of guild of Edinburgh, Lieutenant Colonel James Bruce of Kennet, Alexander Milne of Carriden, Sir Robert Milne of Barnton, Mr George Campbell, merchant in Edinburgh, William Eccles, doctor of medicine, Francis Bruce, writer in Edinburgh, John Sharp of Hoddam, [...] Murray of Melgum, as representing Alexander Murray of Prestonfield, Sir James Hall of Dunglass, as representing Sir John Hall of Dunglass, his late father, [...] Paton, son to the late William Paton, late bailie of Edinburgh, as representing the deceased Archibald Paton, merchant there, and his spouse, and against the tutors and curators of such of the forenamed persons as are minors, if they any have, for their interests. The which summons makes mention that where it has been the pursuer's misfortune to have lost his estate and become insolvent, partly through his having unadvisedly entered himself heir to his father, believing his debts far within the value of his estate the pursuer's father left him, by which mistake the pursuer continued to bestow very considerable sums of money for fitting out and putting in good condition the coals of Clackmannan and Sauchie which, though at the beginning they did not answer the pursuer's expectation, yet is now found to be most beneficial to his creditors. Secondly, as soon as the pursuer knew his insolvency he conveyed his whole estate to his creditors and they or their factor have ever since been in possession thereof. Thirdly, the pursuer has obtained consent from the most considerable of his creditors and only some few out of humour do persist to execute legal diligence against him, to no other effect possible but to vex him and ruin his person after he has divested himself of all his estate for their satisfaction and, in that case, the allowing the pursuer a freedom for his person is most consistent with law. And anent the charge given to the said whole defenders and the tutors and curators of such of them as are minors, if they have any, for their interests, to have compeared before the said estates of parliament at a certain day now bygone to have answered at the pursuer's instance if they have just cause to allege why the pursuer should not have the benefit of a protection from the rigour of his said creditors for such time as should be thought requisite, with certification if they failed protection would be granted to him in manner foresaid, as in the said summons and executions thereof is more fully expressed. The said pursuer compearing by Sir John Erskine, advocate, his procurator, and there being no compearance for the defenders, the foresaid summons and executions thereof, with the absence of the defenders, being at length heard, seen and considered by her majesty's high commissioner and the estates of parliament, and they being therewith well and ripely advised, our sovereign lady, with advice and consent of the said estates of parliament, has given and hereby gives protection to the pursuer from personal diligence for civil debts until the next session of parliament inclusive, because, after elapsing of the diets of compearance to which the said defenders and the tutors and curators of such of them as are minors were lawfully cited by several messengers at arms by virtue of the said summons to have compeared before the said estates, to the effect and with certification as is above-expressed, the same summons was on 2 August 1703 and, thereafter, also on 19 July last bypast called in the usual manner by a macer at the patent gate of the parliament house, after the opening thereof and before the sitting of the parliament where the pursuer compeared by his procurator above-named, but the defenders failed to compear, as said is, and the said summons and action, being this day again called in the accustomed manner, and none of the defenders compearing, therefore, and upon advising the whole process protection was granted to the pursuer in manner and enduring the time above-written.
[1704/7/163]*[print] [email] [cite] [preceding] [following]
The ratification in favour of [Patrick Hume], earl of Marchmont of his charter, passed, of which ratification the tenor follows.
Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter passed and expedited under her majesty's great seal of this kingdom of the date at St James's, 31 January 1704, granted by her majesty, with consent of the lords and other commissioners of her treasury and exchequer for the time, to and in favour of Patrick, earl of Marchmont in liferent and to Patrick [Hume], lord Polwarth, his eldest lawful son, and the male heirs to be procreated of his body, which failing to the male heirs of the said Patrick, earl of Marchmont of his marriage with the deceased Dame Grissel Kerr, which failing to the said earl his nearest lawful male heirs whatsoever, which also failing to his nearest lawful female heirs, the eldest succeeding always, without division, which also failing to his nearest lawful heirs and assignees whatsoever, heritably and irredeemably, with and under the express provisions and conditions therein and after-mentioned. Of all and entire the lands, mills, mill lands, baronies, teinds, parsonage and vicarage, rights of patronage and others particularly underwritten namely, all and entire the half of all and whole the lands of Polwarth, to wit, the half of the town of Polwarth and mill thereof called the mill of Redbraes, containing the West Mains of Polwarth, called Redbraes, with manor place, houses, biggings, yards, orchards, parts, pendicles, annexes, connexes, tenants, tenantries, service of free tenants, with all their pertinents, lying within the sheriffdom of Berwick, formerly united in one whole barony called the barony of Redbraes. All and entire the other half of the said lands of Polwarth, called the east half thereof, with manor place, corn mill, dovecot and pertinents thereof, and the advocation, donation and right of patronage of the parish kirk of Polwarth and all privileges and pertinents belonging thereto, lying within the said sheriffdom of Berwick, formerly conquest and acquired by the deceased Sir Patrick Hume of Polwarth, knight and baronet, from the late Sir David Home of Wedderburn, and lately conveyed by George Home, now of Wedderburn, in favour of the said Patrick, earl of Marchmont, then designed Sir Patrick Hume of Polwarth. Also, all and entire the lands of Harden, above and below the water thereof, the lands of Ferrieswalls,† with parts, pendicles and pertinents thereof; and all and whole the lands of Birghamshiells, extending to a thirty merk land, with parts, pendicles, annexes, connexes and pertinents of the same whatsoever. And likewise, all and entire the four husband lands of Easterlaws of Whitsome, with annexes, connexes and pertinents thereof, all lying in the said sheriffdom of Berwick. All and whole the two husband lands in the town and territory of Graden, with the pertinents, called Bankhead, lying within the said sheriffdom; and all and whole the lands of Haitshaw,† with parts, pendicles and pertinents of the same, lying within the bailiary of Lauderdale and sheriffdom foresaid. All and whole the lands of Vigorushaugh,† with the fishings thereof upon the waters of Tweed and Teviot, the lands of Bradyards,† with the dovecot thereof, the lands of Horsemercat,† together with a husband land in the town of Cessford, with all and sundry parts, pendicles, annexes, connexes, tenants, tenantries, service of free tenants and all their pertinents, lying within the sheriffdom of Roxburgh, all formerly united and incorporated in a whole and free barony called the barony of Polwarth, whereof the town of Polwarth is ordained to be the principal burgh and is erected in a free burgh of barony, with all liberties, immunities, commodities and casualties of a burgh of barony, with free power to the said earl and his foresaids of choosing and creating yearly bailies, clerks and officers for governing the said burgh and of keeping thereat a weekly market every Tuesday, and two yearly fairs, one upon 24 August and the other on 13 January, conforming to a charter thereof under the great seal dated 25 June 1669. And also, all and entire the lands of Greenlaw Redpath, with tower, fortalice, manor place, houses, biggings, common muir, mills, multures, annexes, connexes, parts, pendicles and pertinents of the same; the lands of Broomhill Blassenbraid,† with the pertinents; the lands of Greenlaw dean, with manor place, mills, mill lands and astricted multures thereof; the lands of Polkhaugh Blassenbraid, alias Blassenberrie,† with the pertinents; the lands of Eastfield, Whiteside, Tonendrie,† Marksworth† and Claydub,† with the pertinents; the Mains of Greenlaw and kirklands thereof; the town and burgh of Greenlaw, with the teind sheaves thereof included, all united and erected in one free barony called the barony of Greenlaw Redpath, with all and sundry privileges, liberties and immunities whatsoever granted by his deceased majesty and his predecessors in favour of the late Sir George Home of Spott, or any of the predecessors or authors of the said Patrick, earl of Marchmont, and fully expressed in the charters and other rights thereof, and specially with full power and liberty of holding a weekly market in the said burgh and town of Greenlaw every Thursday, and two yearly free fairs, one thereof to begin yearly on the first Thursday of June and to continue for two days and the other to begin the last Thursday of October and to endure the like space, with all and sundry liberties, privileges, immunities, tolls, customs, emoluments, casualties, profits and duties of the said weekly market and yearly fairs, and with the advocation, donation and right of patronage of the parish kirk and parish of Greenlaw, as well parsonage as vicarage. And also, all and entire these two husband lands in Elvotlaw† and two cottage lands in Greenlaw, with all and sundry houses, biggings, yards, parts, pendicles and pertinents of the same, all lying within the said sheriffdom of Berwick, which husband lands and two cottage lands immediately above-mentioned are united and annexed to the said barony of Greenlaw Redpath. All and whole a husband land lying in the town and territory of Beinstoun, with houses, yards and pertinents, lying in the constabulary of Haddington and sheriffdom of Edinburgh, formerly possessed by Thomas Angus of Haprig, and further of all and entire the lands of Rowanstoun, with houses, biggings, yards, orchards, tofts, crofts, parts, pendicles and pertinents thereof, tenants, tenantries and service of free tenants of the same, lying within the parish of Greenlaw and sheriffdom of Berwick foresaid.
Which charter proceeds on the resignations of the said Patrick, earl of Marchmont and Patrick, lord Polwarth respectively, with and under the said provisions and conditions after-specified namely, providing that the said Patrick, lord Polwarth and the rest of the male heirs and substitutes succeeding to the said lands and estate, by virtue of the tailzie above-mentioned, shall be bound, held and obliged to name and design themselves by the surname of Hume only, and to bear the arms and armorial coat of the family of Marchmont, and also, that if it shall happen (by the failure of male heirs) the foresaid female heirs to succeed by virtue of the above-written tailzie to the lands and estate above-mentioned, in that case the female heir so succeeding shall be bound and obliged to be married to a nobleman or gentleman of the surname of Hume, or who, with his heirs that shall succeed to the said lands and estate by virtue of the said tailzie shall assume the said surname and bear the arms of the said family of Marchmont. And likewise, providing that it shall not be lawful to the said Patrick, lord Polwarth nor others the heirs of tailzie above-written, or any of them, to do directly or indirectly any fact or deed to frustrate, break, innovate or change the said tailzie in order of succession, and with the provisions and conditions above-expressed. And if it shall happen the said Patrick, lord Polwarth, or any of the heirs of tailzie above-specified, to fail in the exact and punctual performance of the foresaid conditions, or to do directly or indirectly any fact or deed contravening the same, in that case and upon every such event the contravener shall by so doing lose his right to the said estate and the same shall devolve, fall to and pertain to the next immediate heir of tailzie under the provisions and conditions above-expressed and that simply by way of exception without any declarator, to which next immediate heir it shall be lawful to declare and serve himself heir in special, either to the contravener or his immediate predecessor who died last infeft, and thereupon to obtain himself duly and lawfully infeft and seised in the said lands and estate, without being in any way liable to the debts or deeds of the contravener. And lastly, providing that it shall be rightful and lawful to the said Patrick, earl of Marchmont himself to sell and convey of the said lands and estate and to contract and take on debts upon the same, and to grant, as he pleases, rights and securities for the same, without consent of his said son or any others the heirs of tailzie above-written, such as if he were absolute fiar thereof, although the same be provided to his said eldest son and the heirs of tailzie above-specified. By which charter her majesty, with consent foresaid, disjoins the whole lands, baronies, mills, mill lands, teinds, rights of patronage and others foresaid, with the pertinents, from all and whatsoever lordships, baronies, regalities and other jurisdictions whatsoever to which the same were formerly united, and of new unites, erects and incorporates the same in one whole and free lordship and regality, with chapel and chancellory, to be called now and in all time coming the lordship and regality of Marchmont, with full right, privilege and jurisdiction of chapel and chancellory, and likewise of justiciary within the whole bounds of the said united regality. And also makes and constitutes the said Patrick, earl of Marchmont, during his life, and the said Patrick, lord Polwarth and the male heirs and of tailzie above-specified, under the conditions and provisions above-expressed, heritable lords of the said lordship and regality, giving and conveying to them the foresaid regality and jurisdiction, with free chapel and chancellory, right and privilege of justiciary, and all and sundry privileges, immunities, casualties, honours, dignities, emoluments and liberties whatsoever pertaining thereto, to be possessed and enjoyed by them, likewise and as freely in all respects as any other lord of regality within this kingdom possesses or enjoys, or can possess and enjoy, by virtue of the laws and constitutions thereof, with power and commission to them, by themselves and their bailies and deputes, to hold, fence and continue courts of regality within the bounds thereof, or any part thereof, for administration of justice and to create and elect all members of court, and to emit and direct in their own names as heritable bailies of the said regality, all citations, precepts, brieves, edicts and proclamations and others for serving heirs and administration of justice in all causes civil and criminal. And with power to them and their bailies depute, substitute and clerks (and no others) to give infeftment by virtue of precepts furth of the chancellory upon the said services and retours, and also, with power to them to convene before them all delinquents and transgressors within the said regality and to incarcerate, fine and adjudge them, and to uplift and apply to their own use the amercements, forfeitures, escheats, fines and bloodwits of the said transgressors and delinquents, and moreover, to repledge all and whatsoever persons dwelling and residing within the said regality from all other courts and jurisdictions to which they shall be cited, and to administer justice in all causes civil and criminal (the crime of lese majesty only excepted) and to cause lawfully execute their sentences, and to uplift, assign and convey the liferent, escheats and forfeitures of all persons who shall be guilty within the said regality of the crimes foresaid, or any of them or who shall happen to be denounced rebels, which liferent, escheats and forfeitures are, by the said charter, given and made over to the said earl during his life and to his said son and their foresaids for ever. By which charter also the town and burgh of Greenlaw is ordained to be the head burgh of the said regality in all time coming and is thereby erected in a free burgh of regality and all proclamations, denunciations and executions of hornings, inhibitions, apprisings, publications and interdictions, brieves and others within the said regality are ordained to be executed at the market cross of the said burgh, and all services of brieves, registrations of hornings, inhibitions, publications and interdictions, and others within the same regality, are ordained to be done and performed at the said burgh as the principal and head burgh of the said regality in all time coming. And her majesty does thereby give and commit to the said earl, during his life and after his decease to his said son and the heirs above-specified, of electing and naming yearly magistrates, clerks, sergeants, officers and other members necessary for government of the said burgh, and of making and creating within the same free burgesses, with power to sell, buy and trade in wine, wax, salt, cloth and all other merchandise and commodities whatsoever, and of having there all sorts of mechanics and tradesmen, and of keeping two new yearly fairs, one upon the first Thursday of June and the other on the last Thursday of October, each of them to continue two days, with the tolls, customs, privileges and immunities thereof, besides the other two fairs formerly allowed to be held there. And her majesty does further, by the said charter, discern and ordain the castle of Redbraes to be the principal messuage of the barony of Redbraes, and one sasine to be taken thereat by delivery of earth and stone to be sufficient for the said whole barony, and one sasine so to be taken at the market cross of the town of Polwarth to be sufficient for the said whole burgh and barony of Polwarth, and one sasine so to be taken at the said castle of Greenlaw to be sufficient for the said whole barony of Greenlaw. And the said husband land lying in the said territory of Beinstoun and for the said lands of Rowanstoun, with the pertinents, which husband land in Beinstoun and lands of Rowanstoun, with the pertinents, are thereby united and annexed to the said barony of Greenlaw forever and a sasine to be taken at the market cross of Greenlaw to be good and sufficient for the said whole regality, comprehending the whole lands, baronies, teinds, mills, mill lands, rights of patronage, office of bailiary of the said regality, with all and sundry privileges pertaining thereto, notwithstanding the same lie discontiguous. Which whole lands, baronies, teinds, mills, mill lands, rights of patronage and others particularly above-written, all lying and designed in manner above-expressed, and all now united and erected in a whole and free regality called the barony of Marchmont, are by the said charter of new given and conveyed to the said Patrick, earl of Marchmont, in liferent and to the said Patrick, lord Polwarth and their foresaids under and with the provisions and conditions above-expressed, heritably and irredeemably to be held of her majesty and her successors in fee and heritage forever for yearly payment of taxed ward, blench and feu duties respectively mentioned in the said charter. And her majesty, with advice and consent of the said estates of parliament, ratifies, approves and perpetually confirms the precept of sasine contained in the said charter and the instrument of sasine following or competent to follow thereon, in the whole heads, articles and causes of the said charter, precept and sasine after the form and tenor thereof, and wills and grants and, for her majesty and her royal successors, statutes and ordains that the same shall be conforming to the tenors of the same good, valid and sufficient rights to the said Patrick, earl of Marchmont and Patrick, lord Polwarth and their foresaids for bruiking and enjoying in all time coming, without stop or impediment, the foresaid new erected regality comprehending the particular lands, baronies and others above-mentioned in liferent and fee, as is above-expressed, and declares that the same charter, precept and sasine shall never in time coming be quarrelled by her majesty or her successors, and that this present ratification is and shall be of as great force, strength and effect to all intents as if every word of the foresaid charter and precept and sasine hereby ratified were inserted herein, with the not inserting whereof and with all other objections and imperfections that may be alleged against the same, or this present ratification of the same, her majesty, with consent foresaid, dispensed and hereby dispenses for ever.
[1704/7/164]*[print] [email] [cite] [preceding] [following]
The act for the imposition on all foreign ships, read the second time and, after several amendments made thereon, it was put to the vote, approve or not, and carried approve, and touched with the sceptre by her majesty's high commissioner in the usual manner, of which act the tenor follows.
Our sovereign lady, with advice and consent of the estates of parliament, statutes and ordains that as a fund for completing the sea and land maps and other ends after-mentioned, 12s Scots be exacted for each voyage of every tun of all ships and vessels not belonging to persons residing in Scotland that shall come in to any port or roadstead within this kingdom and shall there load, unload or break bulk above £100 Scots value for provisions, to be paid in to the collectors of her majesty's customs and applied, at the sight of the lords of treasury, for paying such sums as shall be found resting to John Adair, geographer, for such maps as are already completed, and for defraying his expenses and for his pains in finishing the maps and descriptions of the whole sea coast and islands of this kingdom, and then for finishing the land maps, in the first place, and for paying of the yearly £1,200 due to the judge of the admiralty in the second place, and the surplus (if any be) to the payment of £1,800 yearly to Mr Alexander Cunningham, professor of the civil law, and to Captain John Slezer, for the ends mentioned in the eighteenth act, seventh session of King William's parliament entitled, an act anent the tunnage, and in the last place to Mr Alexander Nisbet to enable him to publish his Treatise of Heraldry. And her majesty, with advice and consent foresaid, ordains this imposition to commence from 1 September this present year, and to endure and be uplifted for the space of five years thereafter by the collectors of her majesty's customs at the several ports for the space foresaid who, with their cautioners, are hereby declared liable for the said imposition in so far as the same shall not be faithfully and punctually uplifted and paid in by them. And moreover, ordains the said collectors and their deputes to enter the names of the masters' ships and burden in the report books of the several customs offices, and give the said John Adair subscribed lists thereof as the ground of their charge every year, and appoints the same execution against all persons liable in payment as is usual for the queen's customs. And finally, her majesty, with advice and consent foresaid, grants full power and warrant to the lords commissioners of her majesty's treasury to let in tack the foresaid duty of tunnage at any time during the space foresaid, with power to the tacksmen to appoint collectors of their own naming or to make use of the collectors of the customs as they shall think fit, the said collectors and their cautioners being always bound as above.
[1704/7/165]*[print] [email] [cite] [preceding] [following]
The parliament, having heard the report of the commission to whom it was remitted to inquire further into the complaint given in by John Smith against the general muster-master, and they being both present, John Smith craved that John Forbes, agent to Colonel [Scipio] Hill's regiment then in the garrison of Inverlochy, might be examined on the interrogators given in by him, who being called, was examined. And thereafter, the further enquiry in this whole affair, both in that regiment and all the other regiments since the time the general muster-master got his commission, and all the muster-master deputes and agents for the regiments since the revolution, remitted to the commission, with power to them to call and examine witnesses and, likewise, to call for papers, writs and documents for clearing this whole matter and to report next session of parliament.
Petitions of Lieutenant James Smith in the garrison of the castle of Edinburgh and Cornet Henry Montgomery, who served in the late [Alexander Montgomery], earl of Eglinton's troop of light horse, craving arrears due to them, read and remitted to the commission.
[1704/7/166]*[print] [email] [cite] [preceding] [following]
Act anent the misapplying the public funds, read and a first reading ordered to be marked thereon and to be printed.
Act for arming the country, read and a first reading ordered to be marked thereon and to be printed.
[1704/7/167]*[print] [email] [cite] [preceding] [following]
The parliament proceeded to take the affair of the plot into consideration. It was moved that since there are no sufficient documents but only copies of papers produced, her majesty be addressed to send to the next session of parliament the principal papers relating thereto, and it was resolved, nobody dissenting, that there be a draft of an address brought in, from the parliament to the queen, to lay before the next session of parliament all the principal papers relating to the plot and to send the evidences, persons and witnesses to appear at the next session of parliament.
The lord chancellor, by order of the lord high commissioner, adjourned the parliament until Monday next at 10 o'clock.