Then the following addresses were given in and read, namely address of the barons, freeholders and others within the sheriffdom of Roxburgh, subscribers of the same; address of the magistrates, town council and other inhabitants of the burgh of Annan, subscribing the same; address of the magistrates, town council and other inhabitants of the burgh of Lochmaben, subscribers of the same; and an address of the parish of Lesmahagow, subscribers of the same, all against a union with England in the terms of the articles.
[1706/10/89]*[print] [email] [cite] [preceding] [following]
Thereafter an overture for an act for encouraging the exportation of victual, read and ordered to be printed.
As also another overture for an act for encouraging the export of victual, fish, beef and pork was given in and ordered to be printed.
[1706/10/90]*[print] [email] [cite] [preceding] [following]
Thereafter a petition and draft of an act in favour of the burgh of Dundee for an imposition of 2d Scots upon the pint of all ale and beer brewed and vended within the bounds, and for the ends therein mentioned, both read and a first reading ordered to be marked on the act.
As also a petition of the magistrates, town council and community of the burgh of Aberdeen, and a draft of an act in their favour for continuing an imposition on wine and ale etc. granted to them by a former act, and a first reading ordered to be marked on the act.
As also the following drafts of acts were given and read, namely act in favour of the burgh of Kirkcaldy; act in favour of the town of Bo'ness; act in favour of the burgh of Dysart; act in favour of the burgh of Burntisland; act in favour of the burgh of St Andrews; act in favour of the burgh of Kinghorn; and act in favour of the burgh of Elgin, all for an imposition of 2d Scots upon the pint of all ale and beer to be brewed and vended, within the respective bounds and for the ends therein-mentioned, and a first reading ordered to be marked on each of the said acts.
[1706/10/91]*[print] [email] [cite] [preceding] [following]
Petition for [Kenneth Sutherland], lord Duffus craving a competent time to enter heir with the benefit of inventory to his father, read, and a vote being stated, grant the desire of the petition or not, it carried grant, and the petitioner was allowed to enter heir at any time within six months from this date, conforming to an interlocutor on the petition as follows.
[1706/10/92]*[print] [email] [cite] [preceding] [following]
Her majesty's high commissioner and the estates of parliament, having heard the petition of Kenneth, lord Duffus, humbly showing to them that where by the twenty-fourth act of the fifth session of King William's parliament it is statute and ordained that all apparent heirs shall have free liberty and access to enter heir to their predecessors with the benefit of inventory, providing the apparent heir gives up inventories within the year and a day prescribed by law for apparent heirs to deliberate, which benefit of entering by inventory the petitioner had embraced, but that he was necessarily hindered being out of Europe upon the queen's service, and that his father, the late Lord Duffus is not above fifteen months dead, it is not above seven months since the petitioner could know of his death, the petitioner does still incline to make use of the benefit of this law. Yet seeing afterwards some scruple may arise because a year and a day is elapsed, he is forced to give his grace and the honourable estates of parliament the trouble of the said petition that they may please to prorogate the year and a day prescribed in the act, and allow the petitioner to enter with benefit in terms of the same, which he humbly expects his grace and the honourable estates of parliament would grant, considering: firstly, that the petitioner was necessarily absent in the West Indies in her majesty's service; secondly, that the late Lord Duffus died in September 1705 and that it is not above seven months since the petitioner could have known of his death, which is the only time that prescription should begin against the petitioner; thirdly, the parliament was pleased to grant the earl of Buchan the like privilege, though his lordship's case was not quite so favourable; and lastly, that no person whatsoever can pretend any prejudice or harm by the petitioner's entering heir in manner foresaid, seeing by the form prescribed in that act all fraud is sufficiently cautioned against. And therefore, craving his grace and the honourable estates of parliament to allow the petitioner to enter with the benefit of inventory in the terms of the foresaid act of parliament, as the said petition bears. And her majesty's high commissioner and the said estates of parliament, having fully considered the said petition and being therewith well and ripely advised, they allowed and hereby allow the petitioner to enter heir with the benefit of inventory anytime within the space of six months from the date present, declaring the same as effectual to all legal intents as if he entered within the year and a day of his father's decease, and ordained and hereby ordain this case to be a particular exception in the petitioner's favour from the act salvo jure to be passed in this session of parliament.
[1706/10/93]*[print] [email] [cite] [preceding] [following]
Petition for the chancellor, rector, principal, professors and masters of the King's College of Aberdeen craving a provision for a professor of mathematics in the said college, read; as also, an overture for an act in their favour for a fourth part of a month's cess to be a fund for a salary to the said professor also read, and the overture ordered to be printed.
Petition for George Lockhart of Carnwath for altering a highway in order to his enclosing of ground for a convenient park, read, and the desire thereof granted and the petitioner allowed to alter the said highway conforming to the deliverance on the petition, which is as follows.
[1706/10/94]*[print] [email] [cite] [preceding] [following]
Her majesty's high commissioner and the estates of parliament, having heard the petition of George Lockhart of Carnwath, humbly showing to them that whereas the petitioner designing to enclose a large piece of ground at Anston in the parish of Dunsyre in the upper ward of Clydesdale he will be mightily obstructed in his said design by a highway which passes through the same, and since the said highway is only a private road, being a shortcut towards Lanark than the principal highway, and that, by rerouting the said highway about the said designed enclosure, it will not be above half a mile further than at present, and the new proposed road, to be made at the sheriff's sight by the petitioner as good as at present, and that no detriment can arise to any person since the whole ground does belong to the petitioner, except a small piece which belongs to one of his vassals whose damages thereby the petitioner is willing, at the sheriff's sight, to repair, the petitioner did, therefore, earnestly beg and entreat that his grace and honourable estates would be pleased to allow and order the said alteration of the said highway upon the petitioner's at the sight of the sheriff, making as good and sufficient a road as at present, and repairing all damages that may arise to any other person by the said highway's passing through and prejudicing their grounds, as has lately been allowed to [George Melville], earl of Melville, [William Ross], lord Ross and Sir David Cunningham, as the said petition bears. And her majesty's high commissioner and the said estates of parliament, having fully considered the said petition and being well and ripely advised therewith, they granted and hereby grant the desire thereof and allowed and hereby allow the petitioner to alter the way above-mentioned, he always making the same as good and sufficient a road as the present way is, and repairing all parties' damages through whose grounds the said way shall go, and that at the sight of the sheriff of the shire.
[1706/10/95]*[print] [email] [cite] [preceding] [following]
Then the sixth article of the union was read and, after some reasoning thereon, there was a proposal given in for adding the following clause to the end of the sixth article, namely except in so far as shall be rectified by this parliament upon the consideration of the subsequent articles.
Which, being read and discoursed upon, there was another proposal given in for enlarging and explaining the said sixth article in these terms, namely: and seeing by the laws of England now standing there are rewards granted upon the exportation of certain kinds of grain wherein oats is not specified, that from and after the union when oats shall be at 15s per quarter or under, there shall be paid 2s 6d for every quarter of oatmeal exported in the terms of the laws whereby rewards are granted for exportation of other grains, and in respect there is a duty upon oats imported into England but no duty upon oatmeal, the importing of which is a prejudice and discouragement to tillage, therefore that, from and after the union, the quarter of oatmeal be discerned equal to three quarters of oats and pay duty accordingly when imported to Scotland from any place whatever beyond the sea.
Which, being likewise read, after some further reasoning, it was moved that the observations, in relation to the balance of the trade of this nation, made by the council of trade should be laid before the parliament. And after debate thereupon, the further consideration of the said sixth article and motions was delayed until the next sederunt of parliament, to be then resumed prior to all other business, and ordered that the observations made by the council of trade be then laid before the parliament.
Then the lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until tomorrow at 10 o'clock.