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Prayers said. Rolls called.
Minutes of the last sederunt read.
Report of the committee concerning Mr James Anderson, read and approved.
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At Edinburgh, 12 February 1707, her majesty's high commissioner, and the estates of parliament, having this day heard the report concerning Mr James Anderson, writer to her majesty's signet, dated 29 November last, given and subscribed by [David Boyle], earl of Glasgow, [John Elphinstone], lord Balmerino, Sir John Lauder of Fountainhall, one of the senators of the college of justice, and Sir David Dalrymple, advocate, members of the house, appointed by a remit of parliament dated 9 November, mentioning that, in pursuance of the said remit of parliament, they, having met and maturely considered what advance Mr James Anderson has made in the work recommended to him in the last session of parliament, concerning the ancient charters and seals of this kingdom, do presume to give it as their humble opinion that the said Mr James Anderson has made as great advance in the said matter as the time and difficulty in the performance could permit, and that his learned industry in a matter so useful, undertaken on the recommendation of parliament, deserves further encouragement to enable him to support the charge, and carry on the design uniformly, and with that beauty and exactness which will be expected in a work begun by so great authority. And they begged leave more particularly to lay before the honourable house that they have seen the impressions of twenty-four charters, in a series from King Duncan downwards, with the seals of many of our kings, and some charters very ancient and curious granted by subjects, and sundry curious seals. And, having compared them with the charters of the several ages in original charters, and with the seals, the engraving appears to be most exact, and the ancient charters and seals are very happily imitated. They did, likewise, consider curious tables prepared by the author, to be engraved on large plates ready polished, for explaining the characters of the several ages, and the abbreviations and contractions so frequent in ancient charters and manuscripts, to which the author is to add useful notes and observations. They also understand he was favoured in England with the trust of several original charters of our kings and their subjects, whereof none so old are yet known to be extant and preserved at home; which favour has much contributed to advance his work. He did lay before them an account of the expenses he has already been at in this work, in relation to what is already engraved, and ready to be engraved, which account they judge to be modest and reasonable. Besides these expenses, they understand that since this work was recommended to him, he has been at great charge and pains in buying and collecting many rare and valuable Latin, Saxon, French and English books, in relation to the British history, and ancient charters and writings fit for him, sundry of which books are not known to be in any public or private library here. They, likewise, understand that with much civility and frankness he has had access to some of the best repositories of writings in England, wherein are many remarkable things concerning this kingdom, not known. And as a proof of this, he showed them some hundreds of sheets of lists, notes and copies taken from these writings, which could not be done without great pains and expenses: so that they find he has not only pursued diligently what was recommended to him, but also has improved the opportunity to collect what might illustrate our history from records in foreign parts. They have also considered a note given in by him of several charters and seals, which he purposes to cause engrave, and of some other things which he intends to publish in this work, with an estimate of the expenses; and humbly conceive it is very proper, that what is mentioned and proposed in that note be done. And, considering that in this work there is to be much and fine engraving, and that the engraved charters, as also several other charters, with notes and observations, are to be printed in modern types, and that the paper is to be large and fine, they are of opinion that this must needs be a work of great expense, pains and industry. As to the expenses of the work, they find that Mr James Anderson has not only expended £300 sterling which was granted to him in the last session of parliament, but has also further expended in this work, and materials fit for it, the sum of £590 sterling. And it is their humble opinion, that there be given to him the said sum of £590 sterling, in consideration of what he has already advanced and over-spent in relation to the said work; and that there be further given to him the sum of £1,050 sterling to enable him to complete the said work, with the same beauty and exactness that he has begun it; and that this encouragement be granted upon some sure and ready fund, so as he may proceed with all diligence, and pay the workmen necessary to be employed in this work. They cannot but take notice that the said Mr James Anderson has already been, and will hereafter also, be at very great loss in his private employment by the assiduous and diligent prosecution of this work; and, therefore, humbly suggest that his grace her majesty's high commissioner and the honourable estates of parliament may repair that loss in such manner as their wisdom and goodness shall think fit; which will much encourage him to continue these studies and enquiries, as the said report bears. Which, being fully considered by her majesty's said commissioner and the said estates of parliament, and they being therewith well and ripely advised, they approved and hereby approve thereof. [Extracted furth of the records of parliament in the lower parliament house by me David, earl of Glasgow and lord clerk register.]†
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Petition for [George Melville], earl of Melville, in relation to a preference for some debts due to his lordship by the officers of the army out of the first of the sums due and payable to them by the government, read, and the desire thereof granted.
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At Edinburgh, 12 February 1707, her majesty's high commissioner and the estates of parliament, having heard the petition of George, earl of Melville, showing to them that the petitioner, being made secretary of state upon their majesties King William's and Queen Mary's accession to the crown, which was in the year 1689, the commissions to the regiments which were then levied were countersigned by him, but for expediting of your majesties' service, and in consideration of the circumstances of many of the officers whom it would very much have straitened to make equipage and pay the dues of the commissions at once, the funds being at the the time disproportioned to the forces unraised and kept on foot, that it was hard to advance subsistence, the petitioner did therefore allow the signet keeper, and such as did for him in Scotland, to give out the commissions of the several regiments without paying ready money, upon obligements in writing given for the dues signed by the officers to whom the commissions were delivered, whereby the said officers were bound that the same should be paid out of the first pay or arrears due or to be due to the several regiments and companies. In the like manner, in the year 1690, whilst he had the honour to represent their then majesties as commissioner to the parliament, he did advance out of his own money £260 sterling for subsisting some of the troops, for which he took bond from the commanding officers payable out of the first pay or arrears due or to be due to these forces. The great deficiency of the funds and the distress which the officers, for want of the pay, fell under, have been the cause why the petitioner has not insisted for recovering what was so justly due to him, and has suffered the said officers to intromit with some part of the arrears and pay when it might easily be presumed that he might have obtained justice for himself. But now that there was probability for paying up all or a considerable part at least of the arrears due to the army, he hoped all men would think it most reasonable that the fees for the commissions, which are the very titles the officers have for the pay and arrears and the money advanced to the forces so seasonably and out of tenderness delayed, should now be paid and that out of the first and the readiest. Therefore, craving his grace and their lordships to declare and ordain that the obligements granted in writing, in manner foresaid, payable out of the first and readiest of the pay and arrears due to them or to be due to the several regiments, troops and companies be accordingly preferred and paid to him, his heirs and assignees, out of the first of the sums to be paid to the said regiments, troops and companies, as the said petition bears. And for her majesty's high commissioner, and the said estates of parliament, having this day fully considered the said petition, and being therewith well and ripely advised, they granted and hereby grant the desire thereof. Extracted furth of the records of parliament by me, Sir James Murray of Philiphaugh, one of the senators of the college of justice, clerk to her majesty's councils, registers and rolls. Signed, Murray, clerk register.
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Representation for the six clerks of session for a remuneration for their extraordinary pains and attendance in this and former sessions of parliament, read, and the desire thereof granted, conforming to the deliverance on the representation.†
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Thereafter the following overtures for acts were given in and read, namely act renouncing the reversion of kirklands; act in favour of the inhabitants of the shire of Caithness; act in favour of [James Livingstone], earl of Linlithgow and Callander; act for preserving the game; act in favour of [Cicilia Wedderburn], lady Littlegill and her son; and act in favour of [George MacKenzie], earl of Cromarty, and a first reading ordered to be marked on each of the said acts.
Overture for an act anent enclosing of ground read, and after reasoning, it was put to the vote mark a first reading thereon or order it to lie upon the table, and it carried, to lie upon the table.
Moved to proceed to the act for plantation of kirks etc., and also moved to proceed to the act for additional premiums on exportation of victual.
And, after reasoning thereon, it was agreed to proceed first to the act for plantation of kirks etc., and after the same is finished to proceed immediately thereafter to the act for additional premiums.
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Then the act for plantation of kirks etc. was read and, after some reasoning thereon, the further debate was adjourned until the next sederunt of parliament.
Agreed that the parliament will, next sederunt of parliament, proceed to elect the representatives for Scotland to the first parliament of Great Britain, and it was intimated to the members to prepare for the said election against that time, and agreed that the parliament will thereafter proceed to the act for plantation of kirks etc. prior to all other business after the election, and then to the act anent drawbacks on victual.
The second sederunt of parliament next week appointed for private business.
Thereafter the act of dissolution of the lands of Orkney and Shetland from the crown, in favour of [James Douglas], earl of Morton, was touched with the royal sceptre by her majesty's high commissioner in the usual manner.
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Our sovereign lady, considering the good and faithful services done and performed by James, now earl of Morton, and his predecessors, earls of Morton, to her majesty and her royal ancestors and their native country; and also considering that the said James, earl of Morton, having represented his title and interest to the isles of Orkney and Shetland, to the parliament 1693, and the parliament having appointed their majesties' advocate for the time to see and answer the said representation, and answers being accordingly given in for their then majesty's interest, which, with the representation being considered by the parliament on 15 June 1693, they did recommend to their then majesties the said earl of Morton's case, and to consider the hardships and stretches which he and his predecessors had suffered by a decreet of reduction obtained at the instance of the king's advocate for his majesty's interest in the year 1669, reducing the earl of Morton, his right and title to the earldom of Orkney and lordship of Shetland, and others therein-mentioned, and by an act passed in the parliament in 1669, whereby the foresaid decreet was confirmed and ratified and the said isles of Orkney and Shetland were of new annexed to the crown and patrimony thereof. Furthermore, the said earl, having given in a new representation to the parliament held in 1702, the parliament did again recommend to her majesty to consider the hardships the said earl and his predecessors have suffered by the above-mentioned decreet and act, with all that followed thereon. And her majesty, having taken to her royal consideration the foresaid recommendations and representations whereupon the same proceeded, with the representation made by the said James, earl of Morton in this session of parliament, and being convinced of the hardships and stretches mentioned in the foresaid recommendations of parliament, whereby, and by the transactions depending, and following thereupon, the earl and his family were very greatly harmed; and having also considered that small or no advantage has redounded to the crown from the tacks and management of Orkney and Shetland since the said annexation, and being willing to show at once a mark of her majesty's royal justice and favour to the said earl of Morton and his family, for preserving the same, therefore, her majesty, for the good and weighty reasons and causes above-mentioned, with the special advice and consent of the estates of parliament, for all right and title in any way competent to the crown or principality of Scotland, has dissolved and hereby dissolves from the crown and patrimony thereof, all and whole the earldom of Orkney and lordship of Shetland, with all and sundry isles, holms, burghs, udal lands and other lands whatsoever, of what name and by what designation soever the same are, or may be known, lying within the sheriffdom or stewartry of Orkney, and pertaining to the said earldom and lordship, and now, by the foresaid acts of annexation passed in the parliaments held in the years 1612 and 1669, pertaining to her majesty, or by whatever other right and title, together with all castles, towers, fortalices, mills, multures, fishings, annualrents, reversions, patronages of kirks, chaplainries, altarages or prebendaries, teinds parsonage and vicarage, with the office of justiciary, sheriffship, stewartship, bailiary or foudery, with the casualties and privileges thereto belonging; together with all other parts, pendicles and pertinents, casualties, jurisdictions, privileges and others whatsoever belonging to the same; to the effect her majesty may convey to the said James, earl of Morton, his heirs and successors whatsoever, the foresaid earldom, lordship, isles, lands, mills, offices, jurisdictions, casualties and others above-mentioned or any part thereof, and that in such manner as may most effectually preserve the same to the said earl and his foresaids for support of the family of Morton, redeemable by her majesty and her royal successors, on payment of the sum of £360,000 Scots money, and that in due and competent form; to be held all and sundry the foresaid earldom, lordship, isles, lands, mills, burghs, teinds, patronages, offices, jurisdictions, casualties and others above-written with the pertinents, to the said James, earl of Morton, his heirs and successors whatsoever, of her majesty and her royal successors, giving yearly the said James, earl of Morton, and his foresaids, to her said majesty and her royal successors, during the non-redemption, for all and sundry the foresaid earldom, lordship, isles, holms, udal lands and other lands, mills, burghs, teinds, patronages, offices, jurisdictions and others above-mentioned, with the pertinents, the sum of £6,000 Scots money, at two terms in the year, Whitsunday [15 May] and Martinmas [11 November] by equal portions, in name of feu ferm, with the double of the said feu duty at the entry of every heir, and administration of justice to all and sundry her majesty's lieges in the foresaid offices, as appropriate, with the sum of £1,600 Scots money to the ministers of Orkney, or such other sums as are or shall be modified by way of augmentation to the said ministers, out of the teinds above conveyed, at the terms of payment used and wont for all other burden, exaction, question, demand or service, which may be in any way asked or required furth of the said earldom, lordship, isles, lands, offices, jurisdictions, and others above-mentioned during the non-redemption, reserving all hawks pertaining to her majesty with the falconers' salaries and other casualties to them belonging, conforming to former custom used and wont. And lastly, her majesty, with advice and consent foresaid, declares and ordains the right to be granted by her majesty and royal successors to the said earl and his foresaids, of the aforesaid, hereby dissolved to the effect and in manner foresaid, to be as valid and effectual as if the same had never been annexed to the crown and patrimony thereof, and as if the said earldom, lordship, isles, lands and others foresaid were here more fully and particularly enumerated, albeit the same be not so done, with the which, her majesty, with advice and consent foresaid, has dispensed and hereby dispenses forever. And her majesty, with advice and consent foresaid, statutes and declares that this present dissolution shall have the full force and strength of any former act of dissolution passed in the best form, with all clauses needful, and hereby rescinds and repeals the foresaid acts of the parliaments passed in the said years 1612 and 1669, and all other acts annexing the foresaid earldom of Orkney, lordship of Shetland, isles, lands, offices, jurisdictions and others particularly and generally above-mentioned to the crown and the whole heads, articles and clauses thereof, in so far as the same may be hurtful and prejudicial to this present act and rights to follow hereon, declaring always that the right and jurisdiction of admiralty is not herein comprehended.
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Then the lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until tomorrow at 10 o'clock.