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Prayers said. Rolls called.
Minutes of the last sederunt read.
A letter from her majesty to the parliament was presented by the lord chancellor and read, acquainting the parliament that her majesty had empowered her commissioner to consent to an act dissolving all mines and minerals within the dukedom of Queensberry from the crown in favour of [James Douglas], duke of Queensberry and his successors in manner therein expressed.
[1706/10/336]*[print] [email] [cite] [preceding] [following]
My lords and gentlemen,
Anne Regina,
We have thought fit to empower our right trusty and right entirely beloved cousin and councillor James, duke of Queensberry, our commissioner to the present parliament, to consent to an act dissolving all mines of gold, silver, tin and other minerals of whatever nature, within the dukedom of Queensberry and baronies thereto belonging, from the crown of that our ancient kingdom, and patrimony thereof, to the end that the same may be conveyed by us and our royal successors to the said James, duke of Queensberry and his successors in the said estate, in such manner, to be held of us and our said royal successors for payment of such feu duties as we and our said royal successors shall appoint, for all burden, exaction or demand in the most free and absolute manner; and also, granting to the said duke and his heirs such other immunities, privileges and exemptions as have been granted to our right trusty and well beloved cousin and councillor [Charles Hope], earl of Hopetoun and his heirs, whereof we thought fit by this special letter to acquaint you, that our estates of parliament may be the more assured of our royal pleasure in the matter above-written, and that our right trusty and right entirely beloved cousin and councillor, who represents our royal person in this parliament, may proceed with greater authority. And so we bid you heartily farewell. Given at our court at Kensington, 23 January, 1706/7, and of our reign the 5th year.
By her majesty's command, David Nairn
To the noblemen, and to the barons commissioners for shires, and to the commissioners for burghs assembled in parliament in our ancient kingdom of Scotland.
[1706/10/337]*[print] [email] [cite] [preceding] [following]
Whereupon an act of dissolution of the mines and minerals within the dukedom of Queensberry from the crown was given in and read, and a first reading was ordered to be marked thereon.
Thereafter the six clerks of session were recommended to her majesty and to the lords commissioners of her majesty's treasury and exchequer, and other managers of the public revenues, for payment of the gratification allowed to them by the parliament for their pains and services in the terms of a recommendation thereupon.
[1706/10/338]*[print] [email] [cite] [preceding] [following]
At Edinburgh, 10 March 1707, anent the representation given in and presented to her majesty's high commissioner and the estates of parliament by Sir James Dalrymple, Mr John MacKenzie, Alexander Gibson, Sir James Justice, Mr Robert Alexander and James Hamilton, the six clerks of session, humbly showing that a remuneration be granted to the said clerks of session for their extraordinary pains and attendance, in frequent and long sessions of parliament since the year 1690, which have commonly been held during the sitting of session, whereby the profitable part of their employment has been considerably diminished, or sometime totally superseded when the summer session was adjourned in the years 1693 and 1695, and by partial adjournments thereof in the year 1698 and 1704, and by the adjournments of the winter session for three months from 1 November 1700 and now for three months during the present session of parliament, which long sessions of parliament and adjournments of session was an emergent damage for the public service, which never happened to them nor their predecessors in office in former times when by the sitting of the parliament the session was not adjourned. It was, therefore, humbly conceived that £200 sterling for each of the said clerks was a moderate remuneration, and it was hoped his grace and their lordships would ordain payment thereof out of such funds, as they should think proper, as the said representation bears. Which her majesty's high commissioner and the said estates, having heard and considered on 12 February last, they granted to each of the said clerks the sum of £200 sterling as a remuneration for their bygone services in attending the parliament and losses sustained by them through the frequent interruptions of the sitting of the session, and declared that, before ending this session of parliament, they would determine the manner of payment thereof. And her majesty's commissioner and the said estates of parliament, having accordingly again on this day considered that by the foresaid deliverance on the above-mentioned representation made to them by the six clerks of session, they did give to each of them the sum of £200 sterling as a remuneration for their bygone services in parliament and the losses they have sustained by the frequent interruptions of the sitting of the session, and declared, that before ending of this session of parliament, they would determine the manner of payment thereof, and having also considered that they cannot determine a fund for present payment of the said sum, but being resolved that the same shall be effectually secured and paid, did therefore declare, and do by these words declare, the said sum of £200 sterling to each of the said six clerks of session to be a public debt and recommended and hereby recommend them to her majesty or the lords commissioners of treasury and exchequer or other managers of the public revenue for payment thereof out of what effectual fund her majesty shall think fit.
[1706/10/339]*[print] [email] [cite] [preceding] [following]
Act in favour of [David Erskine], earl of Buchan, read a second time and voted and approved.
Upon a petition for [Alexander Home], earl of Home, Sir David Dalrymple [of Hailes] was allowed to plead for him in the action at the instance of Sir Patrick Home against the said earl, and the second sederunt after this appointed for hearing the said action.
[1706/10/340]*[print] [email] [cite] [preceding] [following]
Report brought in from the committee to whom it was remitted the 5th instant to reconsider the account due to the Indian and African Company, was read, whereby (deducting the interest formerly allowed by the company) the total of the sums due to the company of stock, interest and debts, at 1 May next, will only extend to £232,884 5s 8d sterling.
And after some reasoning thereon the vote was put, approve of the above sum as the quota, yes or no, and it carried approve.
Thereafter, it was moved that seeing the quota due to the Indian and African Company was now established, that the distribution of the above quota shall be committed to the commissioners appointed or to be appointed for disposing the equivalent, who are to be under the same obligations and qualifications and liable to the same diligence to the several proprietors and creditors of the company as is contained in the report of the committee.
And it was also moved that the above whole quota shall be paid in together to such persons as are or shall be appointed by the council general or directors of the company for distributing thereof in the above terms.
And, after some debate, a vote was stated, whether the quota due to the Indian and African Company shall be paid by the commissioners for disposing of the equivalent, who shall be liable conjunctly and severally materially to a charge of horning as upon foreign bills and inland precepts, and that the payment shall be made by the said commissioners to each particular proprietor without delay, loss or defalcation, and that the said commissioners, nor any of them or any other in their name, upon their account or for their behoof, shall not take right to the said debts or make compositions or transactions thereupon, under the pain of infamy and other pains of the law; or to persons to be appointed by the council general and directors of the company.
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But before voting, it was agreed that the members' votes shall be marked, and that the list of their names as they shall vote be printed and recorded.
Then the vote was put, whether the money shall be paid by the disposers of the equivalent to the proprietors or to persons to be appointed by the council general, and it carried to the proprietors.
So in the parliament on 11 March 1707 a vote was put, whether the quota due to the Indian and African Company shall be paid by the commissioners for disposing of the equivalent to the respective proprietors and creditors of the said company, or to persons to be appointed by the council general and directors of the said company, and it carried to the proprietors, and the list of the members' names as they voted (ordered to be printed) is as follows.
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To the proprietors
To persons to be appointed by the council general
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Ordered that the directors of the Indian and African Company shall, between now and 1 May next to come, make up exact lists of the respective debts which then fall due to the several proprietors of the said company, or to such persons to whom the same is transferred by the first proprietors, and that the said lists so made up shall be subscribed by five of the directors, and by them be delivered in to the managers of the equivalent between now and the said day.
As also, ordered that the said directors shall when required give out to every proprietor, or person in whose favour transferences are or shall be made, exact summaries of the particular sums which fall due to each of them at 1 May next, subscribed by three of the said directors, and that gratis, in order to the proprietors or persons to whom the same is transferred their demanding payment thereof or using diligence therein.
Ordered likewise that the said directors shall, between now and 1 May next to come, make up an exact account of all debts due by the said company and to whom and of the extent of every creditor's debt at 1 May next, and that they shall, between now and the said day, deliver to the disposers of the equivalent the said account duly subscribed by five of the said directors. As also, that they shall give out to every creditor an abbreviate of the particular debts due to him gratis, which is to be subscribed by three of the said directors to the effect foresaid.
Ordered that diligence shall pass and be directed at the instance of the disposers of the equivalent against the directors of the said company for recovering of exact lists and accounts of all the debts of the company immediately after 1 May next in case of their deficiency.
Ordered also that the said directors shall, between now and 1 May next, make up and deliver in as above exact lists and accounts of the dead stock of the said company, and that the said directors shall have allowance of the sum of £300 sterling out of the first and readiest of the price of the company's house to be disposed of by them for defraying the charges of making up the lists and accounts.
[1706/10/344]*[print] [email] [cite] [preceding] [following]
And, upon a petition given in by Captain Colin Campbell, Captain Charles Stewart, Lieutenant Robert Turnbull, who were sufferers and losers in the company's expedition and service, there was a sum allowed to them out of the said dead stock, conforming to an interlocutor on their petition.†
Agreed also that upon the commissioners for disposing the equivalent their receiving of the above sum of £232,884 5s 8d sterling, there shall be a proclamation issued from the privy council certifying the lieges that the said sum is in their hands and thereupon agreed that the said company shall be dissolved.
[1706/10/345]*[print] [email] [cite] [preceding] [following]
Report brought in from the committee anent the coin was read, and the further consideration thereof delayed until the next sederunt of parliament.
Then the lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until tomorrow at 10 o'clock.