25 August 1704

[Acts given royal assent; petition remitted to commission and treasury; petition remitted to commission and recommended to queen]

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.

Petition of Mr Walter Smith, minister of the castle of Edinburgh, craving payment of £75 sterling resting to him free of poundage and invalid money, read, and remitted to the commission for arrears 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' 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.

  1. NAS. GD90/2/172, 'Diurnals of the parliament of Scotland', by William Bennett of Grubbet, commissioner for Roxburghshire - Account of some impositions imposed. Back
  2. The remainder of the 1704 printed minutes at NAS. PA3/7 are in manuscript form, with annotations for the printer. NLS. A.115.a.1, Printed Minutes No.23, 1-3 or NAS. PA6/36,100, f.1-2. Back
[Protections granted; account of tunnage read; petitions remitted to commission]

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.

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.

Process of George Dundas against his creditors called, and none compearing, a protection was granted to him until the next session of parliament inclusive.

The account of the tunnage read.

The petition of Alexander Nisbet read, and recommended to the commission for any fund can be found for him.

Memorials for Mr [John] Adair and Captain [John] Slezer, with a petition for Sir Robert Sinclair, read, and remitted to the commission, with preference to their respective interests, according to the act of parliament.

As to the rests and embezzlement of the tunnage, remitted to the commission to assist Sir Andrew Home to make the imposition effectual and to hear any representations relating thereto, and recommend to the lords of treasury and exchequer to roup the same with the burden of his bygone salaries.

  1. NAS. GD90/2/172, 'Diurnals of the parliament of Scotland', by William Bennett of Grubbet, commissioner for Roxburghshire - Account of some impositions imposed. Back
  2. The remainder of the 1704 printed minutes at NAS. PA3/7 are in manuscript form, with annotations for the printer. NLS. A.115.a.1, Printed Minutes No.23, 1-3 or NAS. PA6/36,100, f.1-2. Back
[Act and report read; accounts of the admiralty considered]

Act for an imposition on foreign ships in favour of Mr [John] Adair, to bear his charge of finishing the maps and descriptions of the sea coasts and islands, read, with the 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.

The accounts of the admiralty read. The first observation sustained. The second observation remitted to the commission to enquire relating thereto and to report.

  1. NAS. GD90/2/172, 'Diurnals of the parliament of Scotland', by William Bennett of Grubbet, commissioner for Roxburghshire - Account of some impositions imposed. Back
  2. The remainder of the 1704 printed minutes at NAS. PA3/7 are in manuscript form, with annotations for the printer. NLS. A.115.a.1, Printed Minutes No.23, 1-3 or NAS. PA6/36,100, f.1-2. Back
[Report relating to false musters read, considered and delayed; petition read]

The parliament, having heard that part of the report relating to the false musters, with a petition presented by John Smith, offering to discover the same, and, 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 the 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 book 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.

Petition of [Patrick Hume], earl of Marchmont, craving a ratification of a charter in his favour to be passed, read.

  1. NAS. GD90/2/172, 'Diurnals of the parliament of Scotland', by William Bennett of Grubbet, commissioner for Roxburghshire - Account of some impositions imposed. Back
  2. The remainder of the 1704 printed minutes at NAS. PA3/7 are in manuscript form, with annotations for the printer. NLS. A.115.a.1, Printed Minutes No.23, 1-3 or NAS. PA6/36,100, f.1-2. Back
[Enquiry into tack of excise remitted to commission; report concerning the public funds considered]

Remitted to the commission to enquire how far [William Cochrane of] Kilmaronock and his partners were disadvantaged in their tack of the excise, and to report.

Account of the arrears due to the army for clearings and clothing money read.

Overture for an act anent misapplying the funds read.

Account of what is resting to the public of the cess, excise, hearth money, poll-money and tunnage since the year 1698 to 1701 read. The first three articles remitted to the commission to enquire 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 abridgment 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 enquire relating thereto and to report.

  1. NAS. GD90/2/172, 'Diurnals of the parliament of Scotland', by William Bennett of Grubbet, commissioner for Roxburghshire - Account of some impositions imposed. Back
  2. The remainder of the 1704 printed minutes at NAS. PA3/7 are in manuscript form, with annotations for the printer. NLS. A.115.a.1, Printed Minutes No.23, 1-3 or NAS. PA6/36,100, f.1-2. Back
[Order of business; enquiry into arrears of tack duty remitted to commission; continuation]

The parliament declared they would consider Sir William Menzies [of Gladstains'] petition next sederunt.

Moved that inquiry be made anent the arrears of the tack duty of [John Hamilton], lord Belhaven's tack in the terms of the deliverance of parliament relating thereto 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 inquiry and report again 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.

[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 some impositions imposed. Back
  2. The remainder of the 1704 printed minutes at NAS. PA3/7 are in manuscript form, with annotations for the printer. NLS. A.115.a.1, Printed Minutes No.23, 1-3 or NAS. PA6/36,100, f.1-2. Back