[1706/10/310]*[print] [email] [cite] [preceding] [following]
Prayers said. Rolls called.
Minutes of the last sederunt read.
Then the action upon a protest for remedy at law of Sir Thomas Dalziel of Binns against the Lady Caldwell and her husband, called and the parties' procurators being called, a dilator defence was proposed that the action upon the protest could not be received in respect the lords of session have pronounced no definitive sentence in the cause. And, after some debate and reasoning thereupon, it was put to the vote, determine the dilator or hear parties' procurators upon the whole cause, and it carried hear.
And the parties' procurators being accordingly heard, after long debate the vote was stated acquit Sir Thomas Dalziel from the rents of the estate of Caldwell preceding Martinmas [11 November] 1688, on account of the specialities of his case distinguishing it from other cases falling under the act rescissory, yes or no.
But before voting, [Archibald Campbell], earl of Islay gave in the following protest in these terms:
I do protest for myself and in name of such who shall adhere to this protestation that this vote relating to Sir Thomas Dalziel's cause may not at all prejudice or impair the undoubted right of any of her majesty's subjects to the repayment of the bygone rents of their forfeited estates according to law and acts of parliament, and took instruments thereupon, and George Baillie of Jerviswood adhered thereto.
Then the vote was put acquit or not, and it carried acquit.†
[1706/10/311]*[print] [email] [cite] [preceding] [following]
Draft of an act discharging rendezvouses and musters, and prorogating the suspension of the clause in the act of security thereupon until the first day of January next to come, given in and read and a first reading ordered to be marked thereon.
Agreed that the first sederunt for private business the parliament will proceed to the consideration of the acts for naturalisation of John Henry Huguetan and other foreign Protestants, Doctor Stirling's petition, and the actions for protection of [Sir Patrick Ogilvie of] Boyne, elder and [James Ogilvie], younger [of Boyne], George Dundas, Sir James Richardson of Smeaton, and the petition for William Cochrane of Ferguslie.
Resolved that how soon the report shall be brought in from the committee anent the equivalent the parliament will consider the petitions for Sir George Hamilton, [Robert] Martin of Burntbrae, Captain [John] Slezer and Captain Thomas Hay, and other petitions for payment of money.
[1706/10/312]*[print] [email] [cite] [preceding] [following]
Act in favour of the burgh of Kinghorn, read a second time and, after some reasoning thereon, it was moved that the parliament do resolve to pass no more acts in favour of any burghs for an imposition of 2d upon the pint of ale and beer, brewed and vended, within their respective bounds. And, after debate, the vote was put, proceed to the act or to the resolve, and it carried to the act and, after some additions made to the said act, it was put to the vote, approve the act or not, and it carried approve.
Then the lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until tomorrow at 10 o'clock.