10 August 1704†

[Process for remedy of law debated; order of business; report of the accounts of the public funds read and delayed]

Prayers said, rolls called.

Minutes of the last sederunt read.

The process of [Anna Scott], duchess of Buccleuch against the earls [George Melville, earl of] Melville and [David Leslie/Melville, earl of] Leven and Mr James Melville [of Halhill], upon the protestation taken by her for remedy of law against the interlocutors pronounced by the lords of session in the action of exhibition and reduction at her instance against the said defenders, being called and the advocates for either party fully heard upon their dilators in the matter of the exhibition, the parliament, having advised the debate upon the executions, found the execution against Mr James Melville at his lodging in Edinburgh null in respect he was neither personally apprehended nor had lodged there 40 days before the execution, and allowed the execution against the said defender at his dwelling house in the country to be yet seen in common form; and having advised the debate and the other defence that Mr James must be first called, sustained the dilator and found no process unless Mr James Melville as a party be called.

The complaint of [John Hamilton], earl of Ruglen against an illegal order for quartering appointed to be heard next diet of parliament for private business.

The report of the commission for auditing the accounts of the public funds presented, and a part thereof read, and it was resolved that whatever shall be determined upon the said report be inserted in the minutes, and that the parliament will further consider the said report next diet of parliament prior to all other business.

  1. NAS. GD90/2/172, 'Diurnals of the parliament of Scotland', by William Bennett of Grubbet, commissioner for Roxburghshire - Account of the proceedings in Anna Scott, duchess of Buccleuch's case. Approved by 60 votes. Misapplication of funds discussed. Back
  2. NAS. PA3/7, Printed Minutes No.13, 1 or NAS. PA6/36,90, f.1. Back
[Citation to attend parliament; act read and laid open; continuation]

Ordered that Robert Rutherford and David Callander attend the several diets of parliament, and likewise those concerned in the balances of the above accounts.

Act remitting to the commissioners appointed for stating the public accounts all the difficulties that occur in their report, with a parliamentary power, read and ordered to lie on the table.

The lord chancellor, by order of the lord high commissioner, adjourned the parliament until tomorrow at 10 o'clock.

[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament

  1. NAS. GD90/2/172, 'Diurnals of the parliament of Scotland', by William Bennett of Grubbet, commissioner for Roxburghshire - Account of the proceedings in Anna Scott, duchess of Buccleuch's case. Approved by 60 votes. Misapplication of funds discussed. Back
  2. NAS. PA3/7, Printed Minutes No.13, 1 or NAS. PA6/36,90, f.1. Back