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Prayers said, rolls called and the absent members marked.
Minutes of the last sederunt read.
Ordered that the consideration of the papers relating to the plot come in immediately after the accounts and nothing to intervene.
The act anent the wool again read, and put to the vote approve of this act or not, and carried approve.
Act continuing the commission for auditing the accounts of the public funds read the second time, and, after several amendments made thereon, it was put to the vote approve this act or not, and carried approve.
The lord chancellor, by order of parliament, gave thanks to the earls [James Stewart, earl of] Galloway, [David Carnegie, earl of] Northesk, [Colin Lindsay, earl of] Balcarres, [Charles Murray, earl of] Dunmore and [John Dalrymple, earl of] Stair, Robert Dundas of Arniston, Sir John Lauder of Fountainhall, John Haldane of Gleneagles, William Seton of Pitmedden, younger, James Ogilvie of Boyne, younger, Colin Campbell [of Woodside], Mr John Clerk [of Penicuik], Mr Dougald Stewart [of Blairhall], Sir David Cunningham [of Milncraig] and Mr Robert Fraser, members of the said commission, for the exact diligence in their report, and allowed a gratification to four of their number, being a committee appointed by the rest, to whom there was a sum given to be distributed by them to their clerk and the other servants.
Petition of Archibald Houston, writer to the signet, craving a gratification for his two years' service as clerk to the late commission of parliament, read, and he allowed to retain of the money in his own hands £100 sterling for his said service.
Ordered that those who have claims to the respective funds and have not given in petitions be equally considered by the commission with those that have given in petitions.
Agreed that all who are liable to diligence for clothing their regiments and companies be specially taken into consideration by the commission according to the appropriations by acts of parliament.
Petition of Lieutenant Colonel Campbell, craving payment of arrears, read, and remitted to the commission to consider the specialities therein mentioned.
Petition of William Montgomery, servant to [James Ogilvy], earl of Seafield, lord high chancellor, craving payment of arrears due to his father, read, and ordered that £100 sterling be paid him out of the first and readiest of the poll-money 1693.
Petition of [William Forbes], lord Forbes, craving payment of arrears, read, and remitted to the commission to consider the specialities therein mentioned; and the cases of Lieutenant Colonel James Bruce of Kennet and Lieutenant Colonel Reid likewise remitted to the commission.
Petition of Major James Cunningham of Aiket, craving payment of arrears, read and remitted to the commission.
Petition of Elizabeth Maxwell, spouse to Captain Robert Drummond, and Jean Drummond, his sister, and having right from Captain Thomas Drummond, also her brother, craving payment of arrears due to them, read, and remitted to the commission; and the case of Lieutenant John Murray in [John Murray], earl of Tullibardine's late regiment likewise remitted to the commission.
Petition of Lieutenant Alexander Stirling, craving payment of arrears, read, and remitted to the commission.
Petition of Lieutenant Colonel William Hay of Park, craving payment of arrears, read and remitted to the commission for the public accounts, to consider the petitioner's case with that favour which his present condition and the losing of one of his brothers in Darien and another before Namur justly deserved.
Petition of Captain Thomas Hay, craving a protection, read, and a warrant granted to cite his creditors on 24 hours' warning.
Petition of Sir Alexander Bruce of Broomhall and partners, craving repayment of disbursements for the army out of some proper funds, read, and remitted to the commission for public accounts, this remit neither delaying execution against him and partners or at his cautioner's and partners' instances against him for their relief.
Petition of Sir George Hamilton, craving payment of bygone salaries due to him, read, and remitted to the commission to consider his case and determine therein as they shall find just.
Petition of Cornet John Murray, craving payment of arrears, read, and remitted to the commission.
Petitions of James Maxwell, John Drummond and James Dunlop, late general receivers, craving payment of the balance of an account due to them, read, and remitted to the commission to consider the petitioners' case and determine therein.
Petition of Isobel Kerr, lady Manderston, craving payment of arrears due to her deceased husband, read, and remitted to the commission.
Petition of [Elizabeth Talmash], duchess of Argyll, craving payment of arrears due to the late [Archibald Campbell], duke of Argyll, read and remitted to the commission.
Petition of Captain James Stevenson, craving payment of arrears due to him, read, and remitted to the commission.
Petition of Sir William Hope of Balcomie, craving payment of arrears due to him, read, and remitted to the commission.
Ordered that all the officers that went to Caledonia have preference out of the respective funds in which they are concerned.
Petition of James Bain, craving payment of a sum due to him, read. The parliament declared they would take this petition and the petitioner's case to their consideration when they can conveniently, and, in the meantime, recommend to the lords of treasury to pay the petitioner yearly for his aliment £100 sterling to be paid quarterly until his case be taken into consideration.
Petition of Sir James Stewart [of Goodtrees], her majesty's advocate, craving a process of proving the tenor may be remitted to the lords of session, to be by them examined and finally determined with a parliamentary power, read, and remitted to the lords of session to determine in the said process summarily without abiding the course of the roll.
Petition of Colonel Scipio Hill, craving payment of arrears due to him, read, and his case remitted to the commission to be determined by them with that favour and dispatch which his pains and charge in coming twice to Scotland on that affair and his necessary residence in England does justly require.
Petition of Sir William Menzies [of Gladstains], craving to be exonerated of his tack and tack duty upon payment of the £5,000 sterling determined by the parliament to be paid at Martinmas [11 November] and Candlemas [2 February] next, read, and [William Kerr], marquis of Lothian and the officers of the army allowed to see and answer the same the first sederunt after tomorrow, and, in the meantime, remit to the commission the scrutiny of his account.
Proposal of Doctor [Hugh] Chamberlain and James Armour anent a land credit remitted to the commission and to report.
Petition of [William Hamilton], lord Bargany, craving a decreet of the commission of parliament anent the poll, with the answers thereto by the tacksmen of the poll, read, and remitted to the lords of session to determine the cause summarily with a parliamentary power, and, in the meantime, delay execution.
The account of the poll-money the year 1695 read. The first observation sustained, the tacksmen instructing the verity of the embezzlement before the commission. As to the second observation, after hearing the tacksmens' lawyers and debate thereon, it was put to the vote allow the quadruples of the army as an article of the discharge, yes or no, and carried in the affirmative, and remitted to the commission to state the extent thereof. The third observation remitted to be instructed before the commission, otherwise not to be allowed. The fourth observation read, the allowance mentioned therein was refused.
Account of the poll-money 1698 read.
Ordered that the commission take trial of undue transactions made by the tacksmen, collectors or any persons concerned in the public funds with the country or officers of the army, and report next session of parliament.
The second observation not allowed unless he instruct payment before the commission. The third observation remitted to the commission to enquire relating thereto.
Petition of Colonel George MacGill, representing that William Cochrane of Ferguslie, tacksman of the poll 1688, had extorted from him a defalcation of £812 sterling, as the twenty fifth and eighth parts of a sum contained in a precept drawn by the lords of treasury for payment of clothing money and arrears, read, with other complaints of defalcations extorted from the seamen and others of money due to them by the public, and several abuses committed by him and his subcollectors in collecting and giving out the said poll.
Ordered that the said William Cochrane be carried to prison until he find bail under the penalty of £12,000 Scots to compear to answer the complaints given or to be given in against him, and the further consideration of this affair continued until the next diet of parliament.
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