[A1704/7/50]*[print] [email] [cite] [preceding] [following]
[A1704/7/51]*[print] [email] [cite] [preceding] [following]
To his grace her majesty's high commissioner and right honourable estates of parliament, the petition of William [Forbes], lord Forbes
Humbly shows,
Whereas his late majesty King William in March 1697 gave commission to me as colonel to command that regiment of dragoons formerly commanded by [William Kerr], this present marquis of Lothian, accordingly I came from Flanders forthwith for Scotland and served as colonel of the said regiment until the disbanding thereof, which was in the month of December in the said year 1697, when your petitioner was commanded north for reducing Simon Fraser of Beaufort and his accomplices and liberating [Amelia Fraser], lady dowager of Lovat out of their hands, which your petitioner effectually did, before the orders came for disbanding my regiment.
Your petitioner wants eight months' half pay as colonel and captain, and the whole month of December's pay for himself and troop, which extends by the treasury accounts to £262 sterling; and the commanding officers of each troop have already received payment of what is due to them for the said nine months, and your petitioner as yet wants the said sum, notwithstanding that I borrowed money at Inverness upon the account of the said expedition and service, for which money I am presently distressed by legal diligence, and it's the sitting of the parliament that only protects me from the execution of the same, and my rents will be arrested unless your grace and honourable estates order my payment and prevent the same.
May it therefore please your grace and the honourable estates to order my payment of the said £262 sterling out of the first and readiest of the £5,000 sterling payable by Bailie Menzies, seeing I am so distressed, and the same favour having been granted to others, it being sufficiently known what great loss I am at otherwise.
Forbes
†Edinburgh, 23 August 1704
Her majesty's high commissioner and the estates of parliament, having considered this petition, they, in respect of the specialities represented within, remit to the commission for public accounts to consider favourably the circumstances of the petitioner's case as is represented within.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament
[A1704/7/52]*[print] [email] [cite] [preceding] [following]
To his grace John [Hay], marquis of Tweeddale, her majesty's high commissioner, and the right honourable estates of parliament, the petition of Major James Cunningham of Aiket
Humbly shows,
That where your petitioner, being employed by the Company Trading to Africa and the Indies, went along with the first ships to Caledonia as a counsellor, upon the entreaty, desire and choice of many of the best quality and universally of the whole concerned, and, as is known to your grace and lordships, that the first undertakers have the greatest difficulty and leave their own private affairs neglected, as particularly fell out in my case, for besides the neglect of my private fortune, which I was obliged to intrust to others, there was due to myself of arrears the sum of £145 12s sterling, and also to my company, which I subsisted out of my own private estate for the space of nine months, the sum of £270 sterling, whereof I was made believe I would get payment in order to discharge my private debts. Upon which encouragement, and the natural inclination I have to serve my country and to oblige the honourable persons that dealt with me, I went along, and, I am hopeful, served to the satisfaction of all concerned, returned, and made my report, and yet my said arrears are resting, though all the other officers were paid up that engaged in that voyage.
May it therefore please your grace and the honourable estates to ordain me payment thereof, and, for that effect, to give as much of the sums payable by Sir William Menzies [of Gladstains], and to grant me letters against him for that effect.
And your petitioner shall ever pray.
†Edinburgh, 23 August 1704
Her majesty's high commissioner and the estates of parliament, having heard and considered this petition, remit the same to the commission.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament
[A1704/7/53]*[print] [email] [cite] [preceding] [following]
To his grace [John Hay], marquis of Tweeddale, her majesty's high commissioner, and the honourable estates of parliament, the petition of Elizabeth Maxwell, spouse to Captain Robert Drummond, lately of [William Kerr], lord Jedburgh's regiment, disbanded, and Jean Drummond, his sister, and having right from Captain Thomas Drummond, also her brother.
Humbly shows,
That there is due of arrears to the said Captain Thomas Drummond, as lieutenant in the late [Archibald Campbell], duke of Argyll's regiment, from 1 November 1689 to 1 January 1691, and, as captain therein, to 1 February thereafter, the sum of £214 17s 2d sterling, to which I, the said Jean Drummond, have right by assignation dated 17 May 1701, at the said captain's last going abroad in the service of the Scots Company Trading to Africa and the Indies, for my aliment and subsistence during his absence, and for payment of his debts. Likewise, there are several arrears due to the said Captain Robert Drummond, to which I, the said Elizabeth Maxwell, his spouse, have right for my aliment and subsistence, and for paying also his debts, but cannot now state the same, in regard the papers were left in the hands of James Hamilton, clerk in the Canongate, now deceased, whose papers are not yet inspected. And seeing that all the other officers who had been employed in the service of the said company have been specially noticed and readily paid of their arrears as they made application for the same, and that the said two captains are still abroad in the company's service, and have been employed therein since the very first undertaking, and that your petitioners' subsistence and aliment in their absence does very much depend upon the said arrears, and that a part also is allocated for paying the captains' debt as said is,
May it therefore please your grace and honourable estates of parliament, upon consideration of the said captains' constant service to the said company, and out of compassion upon your petitioners in their absence, to order payment of what shall be found due to the said captains to your petitioners for their aliment and subsistence according to their rights, and for paying the said captains' debts, and that out of any ready fund your wisdom shall think fit. And your petitioners shall ever pray.
†Edinburgh, 23 August 1704
Her majesty's high commissioner and the estates of parliament, having heard and considered this petition, they remit the same to the commission.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament
[A1704/7/54]*[print] [email] [cite] [preceding] [following]
To his grace her majesty's high commissioner and the right honourable the estates of parliament, the petition of Sir Alexander Bruce and partners,
Humbly shows,
That we were the first commissaries to the army who reduced the matter of foraging by commissaries from the old, burdensome and clamorous way of localities. The newness of the thing and several difficulties that occurred rendered it very hard and brought us to a vast expense and loss before we could accomplish it, notwithstanding whereof we never had any abatement nor the least allowance whatsoever further than the half poundage allowed to us by the army of such money as was actually paid to them by precepts from the treasury, albeit the commissioners of public accounts have by a mistake expressed in their report as if we had got allowance also of the poundage of some extraneous precepts.
By our contract with the lords of treasury we had right to the fortieth penny or half poundage of the full pay of the army current during our being commissaries, so that none of the funds could be drawn out of our hands so long as there was any pay due to the army, without allowing us the said fortieth penny. Notwithstanding whereof, there was about £30,000 sterling which would have been applied to pay the army and was due to them but was diverted and employed to other cases, and we thereby deprived of the half poundage thereof to which we had right as said is by our contract.
We foraged such forces as were paid from England. All other commissaries got allowance for their foraging such forces because they had not the poundage of their pay as they had of others, which was a supplement and succedaneum for the cheapness of the foraging. This was our case exactly, and yet we have had nothing allowed us as others had.
We also foraged the troop of guards (who were then also upon English pay) with hard meat at Edinburgh a whole session of parliament, which continued about four months. All other commissaries have got allowance of 18d per day a horse, as appears by the report of the commissioners of public accounts, and yet we have never got any allowance except of 4d per day, though it be very well known that there was an extraordinary dearth of fodder that summer.
We having represented this matter to her majesty, she was graciously pleased by her royal letter to order the commissioners of the treasury to enquire into the truth of these things, but their lords did consider that it was out of their power to give us any redress in the matter, in respect they had already assigned the whole funds which were in our hands.
And seeing by our industry and to our great loss we were the first that rendered the method of foraging by commissaries effectual, and that all our endeavours had been to no purpose if we had not foraged these troops also who were paid from England, and that we were ordered so to do by the treasury who were aware it was necessary for the service of the government, and that the same has been allowed to all other commissaries whose case was not by far so favourable as ours,
We do therefore humbly beg and hope that your grace and lords will consider this our so just and equitable case, and that you will please to order that the same, being disbursements for the army, may be provided for out of the funds of the army, and, for that effect, that you please remit to the late committee of your last commission of public accounts, or to any other committee you shall think fit, to take in and state the accounts relating to the said matter, and to determine in the same as they shall see cause.
Alexander Bruce
Edinburgh, 23 August 1704
Her majesty's high commissioner and the estates of parliament, having heard and considered this petition, they remit the same to the commission, and it is declared that this remit does not stay execution against him and partners or at his cautioner's and partners' instances against him for their relief.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament
[A1704/7/55]*[print] [email] [cite] [preceding] [following]
[A1704/7/56]*[print] [email] [cite] [preceding] [following]
To his grace [John Hay], marquis of Tweeddale, her majesty's high commissioner, and the honourable estates of parliament, the petition of Cornet John Murray.
Humbly shows,
That your petitioner had the honour during the late war to serve as adjutant and cornet in the regiment of dragoons first commanded by [Robert Kerr], marquis of Lothian, and afterwards by [William Forbes], lord Forbes, for which there is due to your petitioner the sum of £237 11s sterling, as two full years' pay as adjutant, and £92 16s 6d money aforesaid for arrears, which are clearly stated and allowed in the treasury books. And seeing all the officers, both in that regiment and Colonel Cunningham's, had the interest to recover the full pay that was due to them, and that your petitioner only had the misfortune to be over-looked, so that being stated in more particular circumstances, and his case being singular from all other officers in the army, he presumes, with all duty and humility, to apply for your grace's and lordships' justice and compassion.
Humbly beseeching that your grace and the honourable estates of parliament may be pleased to order payment of two full years' pay and what arrears are due to your petitioner out of these funds which are appropriated for clearing the arrears of the army.
And your petitioner (as in duty bound) shall ever pray, etc.
†Edinburgh, 23 August 1704
Her majesty's high commissioner and the estates of parliament, having heard and considered this petition, they remit the same to the commission.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament
[A1704/7/57]*[print] [email] [cite] [preceding] [following]
To his grace John [Hay], marquis of Tweeddale, her majesty's high commissioner, and the right honourable the estates of parliament, the petition of James Maxwell and John Drummond, late general receivers.
Humbly shows,
That your petitioners, having commissions under the great seal to uplift his majesty's whole revenues within this kingdom, did continue in the exercise of their office until the year 1688, at which time it pleased the convention of estates to nominate James Oswald of Fingalton to succeed to the said John Drummond in receiving the supply and inland excise and paying of the army, and at the same time ordered the said John Drummond to give in a list of the whole supply and inland excise resting at that time, which accordingly was done, the sum thereof (as the said James Oswald has accounted for) amounting to £468,483 18s Scots, whereby your petitioners, without clearing their accounts, were debarred from uplifting any more money.
In 1692 there being commission granted to audit the public accounts, your petitioners fitted and instructed their accounts before the lords auditors, by balance of which there is due to them £8,430 1s Scots money. And seeing your petitioner did advance this money to the army in 1688, besides far greater sums from time to time, for which an acknowledgement of £1,500 sterling was promised, the king having allowed £3,500 sterling yearly for interest of their advances, who paid the army formerly,
May it therefore please your grace and honourable estates of parliament to consider the premises and order effectual payment to be made to your petitioners of the aforesaid balance of £8,430 1s Scots, and of the annualrent thereof since 1688, and such a sum as your grace and honourable estates shall think fit for their other advances to the army, seeing by their good management there was £3,500 sterling saved yearly to the treasury.
And your petitioners shall ever pray.
†Edinburgh, 23 August 1704
Her majesty's high commissioner and the estates of parliament, having heard and considered this petition, remit to the commission to consider the petitioners' case.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament
[A1704/7/58]*[print] [email] [cite] [preceding] [following]
To his grace her majesty's high commissioner and the right honourable the estates of parliament, the petition of Isobel Kerr, widow of the deceased Captain John Home of Manderston, and Elizabeth Home, her daughter.
Humbly shows,
That your petitioner's husband having from the year 1685 to his death in May 1702 served his country at home and abroad in the wars, and acquitted himself honourably on all occasions, and particularly at his death in the siege of Kaiserwerth, where he was killed, to the inexpressible loss of your petitioners, seeing on his life depended our subsistence.
And whereas in all ages persons who signalized themselves in the service of their country, and especially those who lose their life for the same, are both honourably remembered and care taken of their widows and children, your petitioner humbly represents that while the said Captain Home was in the regiment commanded by the right honourable [John Gordon], then lord Strathnaver, he had, from 22 April 1699 to 31 March 1701, only subsistence allowed him, so that for the space of 23 months and one week, 4s sterling per day was stopped of his pay, amounting to the sum of £130 4s sterling, as is stated in the pay-master's books herewith produced, which is still resting unpaid, and to which I, the said Isobel Kerr, have right by disposition from my husband.
May it therefore please your grace and the honourable the estates of parliament to consider your petitioner's destitute condition, and, as an act of justice, to order the payment of my husband's arrears out of the first and readiest of the funds laid on, or to be laid on; and seeing your petitioners had no other fund of subsistence but her husband's pay, may it please your grace, in commemoration of my husband's good services, to ordain an annual pension as shall be thought proper for our future subsistence. And your petitioners shall ever pray.
†Edinburgh, 23 August 1704
Her majesty's high commissioner and the estates of parliament, having considered this petition, they remit to the commission for public accounts to consider the same and to do therein as they find just.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament
[A1704/7/59]*[print] [email] [cite] [preceding] [following]
To his grace her majesty's high commissioner and the right honourable the estates of parliament, the petition of Elizabeth [Talmash], duchess dowager of Argyll, as having right to the deceased [Archibald Campbell], duke of Argyll, her husband's arrears, as colonel to her majesty's horse-guards, and the other officers of the aforesaid guards.
Humbly shows,
That where there being 29 months of clearance and clothing money due to your petitioners, and that from 1 January 1698 to 1 June 1700, according to an account subscribed by the clerk of the treasury herewith produced,
May it therefore please your grace and right honourable the estates of parliament to take the premises into your consideration, and to order such funds for payment of the said 29 months' clearance and clothing money as your grace and lordships in justice shall think fit. And your petitioners shall ever pray.
†Edinburgh, 23 August 1704
Her majesty's high commissioner and the estates of parliament, having heard this petition, they remit to the commission for public accounts to consider the same and to do therein as they find just.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament
[A1704/7/60]*[print] [email] [cite] [preceding] [following]
To his grace [John Hay], marquis of Tweeddale, her majesty's high commissioner, and the honourable estates of parliament, the petition of Captain James Stevenson, sometime brigadier in the regiment of horse-guards.
Humbly shows,
That your petitioner not being in the terms of those officers who were disbanded after the peace of Ryswick, is obliged to make his humble application to your grace and lords by himself, and, with all duty and submission, represent that your petitioner has served long and faithfully in his said station, during which time there is £142 2s sterling due of clearance, as the account herewith given in and fully instructed by the treasury books will testify.
Your petitioner, being these three years out of employment, has brought his small stock to a very low ebb, and he has little or nothing but his clearance to depend on for his support in time coming, which he hopes and expects from the united wisdom and justice of your grace and the high court of parliament.
Therefore your petitioner humbly beseeches your grace and the honourable estates of parliament to take his particular case into consideration, and to order payment of his said clearance out of the first and readiest funds in being, or to be imposed for clearing the arrears due to the officers of the army, or otherwise to subsist him until there be an occasion to provide him in her majesty's service.
And your petitioner shall ever pray.
†Edinburgh, 23 August 1704
Her majesty's high commissioner and the estates of parliament, having heard and considered this petition, they remit the same to the commission.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament
[A1704/7/61]*[print] [email] [cite] [preceding] [following]
To his grace John [Hay], marquis of Tweeddale, her majesty's high commissioner, and the right honourable estates of parliament, the petition of Sir William Hope, late deputy governor of the castle of Edinburgh.
Humbly shows,
That having the honour at the late revolution to command an independent troop of horse belonging to the shire of Fife, which I clothed immediately after their being levied upon my own private credit, so that there is resting to me of my own proper pay and clothing money for the said troop the sum of £250 sterling, according to a particular account given in by me to the honourable commission appointed for revising and auditing the accounts of the public funds. As also her majesty having been pleased to dispose of my commission as depute-governor of the castle of Edinburgh in February was 12 months without having any misbehaviour to lay to my charge, at which time there was also due to me of arrears, while I served in that post, the sum of £194 sterling, which, with the former sum of £250, amounts in all to the sum of £444 sterling. And it being most just and reasonable, seeing your petitioner not only employed his private credit for the clothing of his troop, but has been also after a very singular and unprecedented manner turned out of his employment, that he should be cleared of what is owing to him by the public.
May it therefore please your grace and right honourable estates of parliament to take your petitioner's unprecedented circumstances under your consideration, and to order, as you have been pleased lately to condescend to some other particular officers, that the aforesaid sum of £444 sterling be paid in to your petitioner out of the £5,000 sterling payable by Sir William Menzies [of Gladstains] at Martinmas [11 November] and Candlemas [2 February] next.
And your petitioner shall ever pray.
†Edinburgh, 23 August 1704
Her majesty's high commissioner and the estates of parliament, having heard and considered this petition, they remit the same to the commission.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament
[A1704/7/62]*[print] [email] [cite] [preceding] [following]
To his grace John [Hay], marquis of Tweeddale, her majesty's high commissioner, and the right honourable the estates of parliament, the humble petitioners, Hugh Chamberlain, doctor in physic, and James Armour, merchant,
Shows,
That whereas your petitioners in the last session of this current parliament did lay before this high and honourable house the consideration of a national current credit for the supply of money and the relief of the poor and for carrying on both foreign and domestic affairs,
Your petitioners do humbly pray that the parliament would be pleased to appoint a select committee strictly to examine both their overtures and to discover how far, jointly or separately, they may appear for the honour and profit of this kingdom, and to that end, and also to the general satisfaction of this nation, that they may receive all objections with their answers, and transact the whole proceedings in writing; and in case the said committee, by reason of the shortness of this session, cannot be ready to make a report, that they be authorised to sit from time to time during the interval of parliament to examine the same and report it at the beginning of the next session of this or any succeeding parliament.
And your petitioners shall ever pray.
†Edinburgh, 23 August 1704
Her majesty's high commissioner and the estates of parliament, having heard and considered this petition, they remit the same to the commission.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament
[A1704/7/63]*[print] [email] [cite] [preceding] [following]
Edinburgh, 23 August 1704
Her majesty's high commissioner and the estates of parliament order and command the person of William Cochrane of Ferguslie to be taken from the bar by [William Keith], earl Marischal or the captain of his guards and delivered at the door of the parliament house to [John Hay], earl of Erroll, high constable, or to the captain of his guards, and brought by them to the tolbooth of Edinburgh, therein to be kept prisoner by the magistrates of Edinburgh and keepers of the said prison until he find sufficient caution to answer the several complaints already exhibited or to be exhibited against him for his retaining and withholding a part of the money contained in the several precepts drawn upon him by the lords commissioners of her majesty's treasury from the persons in whose favour they were drawn, notwithstanding his taking receipts for the total, and to compear before the parliament or any commission or other court to whom his case shall be remitted, and to attend the several diets of his trial relating thereto under the penalty of £12,000 Scots money, for which this document shall be a sufficient warrant.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament