[M1704/7/17]*[print] [email] [cite] [preceding] [following]
Prayers said, rolls called.
Minutes of the last sederunt read.
Ordered that the orders of the house be put into execution against the members that are absent at calling the rolls.
Overture for an act advancing and establishing the fishing trade, read and ordered to lie on the table and to be printed.
The parliament proceeded to the further consideration of Sir William Menzies [of Gladstains'] affair, and, after hearing him and debate thereon, it was put to the vote whether he should pay at the terms following: £9,000 sterling or £5,000 sterling of his tack duty, and carried £5,000 sterling, payable at Martinmas [11 November] and Candlemas [2 February] next by equal portions, and remitted to the commission of parliament to be named to consider whether the account given in by him be a true account, to be reported next session of parliament; and, in the meantime, delays execution for the remaining sum of his tack duty. Before the said vote, [John Gordon], earl of Sutherland protested that whatever deduction of the tack duty was given to Sir William Menzies that the parliament make it up, as is more fully contained in his protest.
Ordered that none of the collectors or tacksmen appointed by him pay any sums of money to him that are not contained in the said account.
Ordered that the clerks of treasury bring in a report how the army was paid during Sir William's tack.
The account of the hearth money read. The first observation sustained. The second observation, the clerks of treasury ordered to produce the treasury books for instructing thereof. As to the third, fourth and fifth observations, the parliament finds that whatever was paid in by [Mr James Melville of] Cassingray, according to the fitted account with the treasury, the cautioner cannot be liable thereof, and allows the 12,000 hearths as deficient, in regard the collectors testified thereon before the treasury, and their bonds were ordained to be given up to them. And as to the shires, parishes and houses not given up, ordered that the collectors account for them before a commission to be named, and finds the cautioner only liable according to their intromission, and remits to the said commission to cite before them such as were collectors at that time and to enquire relating thereto. As to the sixth observation, ordered that the clerks of treasury give in account next diet of parliament how the articles therein mentioned were applied and by whose order.
Overture for an act anent misapplication of funds given for maintenance of the forces read, and ordered to lie on the table and to be printed.
The seventh observation, the balance therein remitted to the commission to be named to be further considered by them.
The lord chancellor, by order of the lord high commissioner, adjourned the parliament until Friday next at 10 o'clock.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament