[A1704/7/39]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, taking into her royal consideration how much it concerns the good and peace of the kingdom that justice be speedily and equally administrated in all matters and causes criminal, and that the five commissioners of justiciary, the ordinary supreme judges in all causes criminal, be provided with a competent and suitable allowance, and that the same be settled and secured to them in the most effectual manner, does therefore, with advice and consent of the estates of parliament, not only ratify and confirm the provision made to each of the said five commissioners of £100 sterling per annum, but further, considering how much this grant will tend to the profit, advantage and utility of her majesty and her whole subjects, does therefore, with advice and consent aforesaid, appoint the said £100 sterling to each of the said five commissioners (being £500 sterling in all yearly) to be paid out of the customs of this kingdom, and for that end dissolved the said customs and annexation thereof to the crown, in so far as may be extended to the payment of the said sum of £500 sterling out of the first and readiest thereof. And her majesty, with advice aforesaid, after this dissolution, gives, grants and conveys to the said five commissioners of justiciary, and their successors in the said office in all time coming, all and whole the aforesaid sum of £100 sterling to each of them, to be uplifted and received by them or their order yearly at two terms in the year, Whitsunday [15 May] and Martinmas [11 November], by equal portions, out of the first and readiest of her majesty's customs, or any part thereof, from her majesty's treasury, or commissioners of her majesty's treasurer, depute treasurer, receivers, tacksmen and intromitters with the said customs and others liable in payment thereof, beginning the first term's payments thereof at the term of Martinmas next to come in this present year 1704, and so forth yearly and termly thereafter, charging therefore the said treasurer, or commissioners of treasury, receivers, tacksmen and intromitters and all other liable in payment thereof, present and to come, to make thankful payment at the terms above-written of the aforesaid yearly sum of £100 sterling to each of the said commissioners, and their successors or their order, out of the first and readiest of the said customs, and that they be preferred in payment thereof to all and whatsoever person or persons pretending right to the said customs by pension, assignation, gift or other right thereof; and likewise commanding the lords of the exchequer present and to come to allow the said £100 sterling to each of the said commissioners (being £500 in all) to the payers thereof yearly in the first end of their accounts, upon sight of the said commissioners' acquittances. And further, her majesty, with advice and consent aforesaid, commands and ordains her said treasurer, commissioners of treasury, depute treasurer, receivers, tacksmen and intromitters with the said customs present and to come to become enacted themselves, and find sufficient caution acted in the books of council and session for the yearly payment of the aforesaid £100 to each of the five commissioners, and their successors or their order, at the terms and the manner above-expressed, and at the decease or demission of any of the persons so enacted, that the next entrant become enacted and find caution to the effect aforesaid; as also that the setting of any new tacks of the said customs, the tacksmen find caution to the effect aforesaid, otherwise the tacks to be null by way of action or exception, and that letters of horning, upon a charge of 10 days, be directed against them, by deliverance of the lords of session for payment of the said sum of £100 sterling yearly to each of the said five commissioners in manner above-written, and ordains that no suspension be granted in this matter to whatsoever person for whatsoever cause by the parliament, exchequer or any other judges whatsoever, except upon consignation of the sums charged for, or production of sufficient discharges, and that the lords of session are and shall be the only judges for discussing the said suspensions, discharging all other judges to grant suspensions concerning the premises or to discuss the same. And to this disposition and assignation of the said £100 sterling to each of the said five commissioners yearly, her majesty and the estates of parliament interpose their consent and authority as to an act which does highly concern the wealth and good of the nation, and her majesty, for herself and successors, promises in the first word never to quarrel the same, or come in the contrary thereof directly or indirectly. And further, her majesty, with advice aforesaid, recommends to the lords of treasury and her majesty's receivers to make ready and effectual payment to the said five commissioners of justiciary of the arrears due to them, and each of them of the said £100 sterling, of all terms and years preceding the said term of Martinmas next to come, and ordains letters of horning on 10 days and by deliverance aforesaid to be directed against the said receivers for making payment to the said commissioners of their said arrears, in the same manner and with the same strictness as is appointed for the payment of their said salaries in time coming.
[A1704/7/40]*[print] [email] [cite] [preceding] [following]
Edinburgh, 11 August 1704
Her majesty's high commissioner and estates of parliament, having considered a motion made in parliament for citing all persons concerned in the public accounts of the nation, they hereby grant order and warrant to macers to cite Sir George Hamilton of Tulliallan, Sir Robert Anstruther of Balcaskie, Sir Alexander Bruce of Broomhall, Sir George Home, late provost of Edinburgh, Sir Andrew Myreton of Gogar, [David Leslie/Melville], earl of Leven, [William Ross], lord Ross, Sir John Cochrane of Ochiltree, Sir Robert Stewart of Allanbank, Bailie James Graham, merchant in Edinburgh, William Cunningham of Broomhill, James Dunlop, merchant in Edinburgh, [John Hamilton], lord Belhaven, [Ludovic Grant], laird of Grant, elder, Sir John Houston of that ilk, Sir Robert Dickson of Sornbeg, [George Baillie], laird of Jerviswood, William Cochrane of Ferguslie, Sir Andrew Home, advocate, Sir Thomas Kennedy of Girvanmains, Sir William Menzies of Gladstains, Sir Thomas Moncrieff, clerk to the exchequer, and all others concerned, to appear before the parliament on Monday next, with certification etc.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament
[A1704/7/41]*[print] [email] [cite] [preceding] [following]