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Prayers said. Rolls called.
Minutes of the last sederunt read.
James Cunningham of Auchinharvie, younger, was upon his petition recommended to her majesty in the terms of the deliverance thereon.†
The lord president and remaining lords of council and session recommended in a special manner to her majesty for the augmentation of their salaries conforming to a recommendation apart.
[1706/10/413]*[print] [email] [cite] [preceding] [following]
A motion being made by the lord [James Graham], marquis of Montrose, lord president of the privy council, that seeing the present salaries of the president and remaining lords of session were long since settled and that great alterations have happened in the value of money and prices of all things whereby these salaries are now become disproportioned to the dignity, pains and expense of that trust, and that the salaries being out of different funds do require charge and trouble to collect and recover them, and also seeing that in this parliament there is a new addition made to their labour, the jurisdiction of the commission for plantation of kirks and valuation of teinds being transferred to the session, it might be humbly recommended to her majesty by this house, in her great wisdom to make further provision for the said lord president and other lords of session, their salaries out of some sure fund and so as their salaries may be paid easily, to which motion the house did agree and did recommend to my lord high commissioner to lay this their humble request before her majesty.
[James Ogilvy, earl of] Seafield, in the presence of the lords of parliament.
[1706/10/414]*[print] [email] [cite] [preceding] [following]
The macers' and clerks' servants and keepers and servants of the house recommended to the lords of her majesty's treasury for a gratification for their attendance and service this session of parliament, conforming to deliverance on their respective petitions.†
James Stephen, usher, likewise recommended to the lords of treasury upon a petition conforming to a deliverance thereon.†
William Bain, upon a petition, recommended to her majesty conforming to the deliverance on the said petition.†
[1706/10/415]*[print] [email] [cite] [preceding] [following]
Acts of ratification in favour of several persons read and passed.
Protestation taken in favour of [James Douglas], duke of Hamilton against one of the above ratifications in favour of [Archibald Douglas], duke of Douglas in so far as concerns his first vote in parliament and other precedencies therein-mentioned.
As also several warrants for fairs etc. read and granted.
Ordered that the fairs granted this session of parliament if not extracted within six months shall be void and null.
[1706/10/416]*[print] [email] [cite] [preceding] [following]
Act† ratifying a charter under the great seal† of the date at Kensington, 10 March instant, granted by her majesty, with consent of her commissioners of treasury and exchequer, to Archibald, duke of Douglas, and his heirs and others therein-mentioned, heritably and irredeemably, of the lands, lordships, regalities, baronies and others particularly and generally therein expressed, with all the dignities enjoyed by the deceased Archibald, earl of Angus, or his predecessors, and specially the first vote in parliament, leading the van the day of battle and carrying the crown in parliament, all formerly united in the earldom of Angus and of the lands and barony of Dudhope, comprehending the several lands, office and others therein-specified, proceeding on the resignation of him and his tutors and containing a new gift of the whole with a disjunction of the lordship and barony of Douglas, and others from all sheriffdoms, regalities and other jurisdictions, and a union thereof, in the regality, lordship and barony of Douglas, and also an erection of the lands of Dudhope and others therein-specified in the regality, lordship and barony of Dudhope, with the jurisdiction of regality, chapel, chancellory and justiciary, escheats of the vassals and inhabitants and other privileges belonging to the said several regalities, and also an erection of the burgh of Douglas in a burgh of regality, and of the burgh of [...] in another free burgh of regality to be called the burgh of regality of Dudhope, which is thereby ordained to be the head burgh thereof, with the privilege of markets and fairs of the said several burghs, as is mentioned in the said charter, which contains also a gift and disposition of the mines and minerals within the barony of Roberton and the said regality of Dudhope, and a union of the entire earldom, lordships, regalities, burghs and others therein-specified in a dukedom, marquisate, earldom, lordship and barony of Douglas and Angus, ordaining the castle of Douglas to be the principal messuage thereof, and one sasine by earth and stone thereat, or at any part of the said dukedom, to be sufficient for the whole, declaring that the said union shall not prejudge his privileges and dignities belonging to him as earl of Angus, or otherwise to be held of her majesty for payment of the several duties therein-expressed, by which charter the feu and taxed ward holding of the barony of Douglas and others is changed to a blench holding for payment of 1d Scots money yearly together etc. Extract.†
Protestation of [James Douglas], duke of Hamilton against the same.
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Acts for fairs and weekly markets in favour of several persons. Order that the fairs and markets granted this session of parliament, if not extracted within six months, shall be void and null.†
[1706/10/425]*[print] [email] [cite] [preceding] [following]
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It being moved to recommend Mr [...] Paterson to her majesty for his good service, after some reasoning thereon, it was put to the vote recommend him to her majesty or not, and it carried recommend.
[1706/10/444]*[print] [email] [cite] [preceding] [following]
Alexander Baillie, servant to the lord register, recommended to the lords of treasury on a petition conforming to deliverance thereon.
At Edinburgh, 26† March 1707, her majesty's high commissioner and the estates of parliament, having heard the petition of Alexander Baillie, servant to the lord register, humbly showing that after the great fire in February 1700, which occasioned the transporting, for preservation, all the records and warrants from the lower parliament house to the old church, the confusion that happened thereby gave the petitioner, who was entrusted with the keeping of them, continual labour since, in putting them in the order, wherein they now are, which is much better than ever formerly, many of them, even before that time being altogether in disorder, as is known to many of the honourable members, and making up a new inventory of all the books of registers, which he did without getting any allowance; and further in September 1702, when a committee of privy council had inspected the records in the lower parliament house, for discovering what writs and papers lying there might be necessary for the then intended union, their lordships of the council did order a particular book of register, of all the public writs which had been inspected by their committee, to be made, and extracts of any of the said writs, when called for, to be given to the commissioners of treaty, and for so doing, there was a recommendation to the treasury. Yet the petitioner had received nothing, although that in obedience to that order he did at that time, on his own expense, deliver to Sir David Dalrymple, her majesty's solicitor, extracts of many of the said old writs, and since that time had been at pains of searching for all the public writs and treaties between this kingdom and that of England, France and other nations, that could be found, and had made up a register thereof which was therewith produced. Craving, therefore, his grace and the honourable estates of parliament to appoint such a sum as should be thought a competent allowance for the petitioner's pains and charges in putting the records in order, making a new inventory of the books, making up the said register, and giving furth extracts, as said is, to be paid out of some certain fund as his grace and their lordships should judge proper, as the said petition bears. And her majesty's high commissioner and the estates of parliament, having heard this petition, they recommended and hereby recommend the petitioner to the lords commissioners of her majesty's treasury for a further gratification and reward of his pains and service mentioned in this petition. Extracted from the warrants of the records of parliament in the lower parliament house by one of the principal clerks of session, having commission for that effect from the lord clerk register.
[1706/10/445]*[print] [email] [cite] [preceding] [following]
The following acts, namely act in favour of the incorporations of Edinburgh for a maiden hospital; act in favour of the town of Dundee; act in favour of the town of Aberdeen; act in favour of [James Douglas], duke of Hamilton and the town of Bo'ness; act in favour of the burgh of Kirkcaldy; act renouncing the reversion of kirklands; act in favour of the burgh of Kinghorn; act for clearing the passage through the Mary Wynd in the burgh of Stirling; act in favour of [James Livingstone], earl of Linlithgow and Callander; act in favour of [Cicilia Wedderburn], lady Littlegill and her son; act of naturalisation of John Henry Huguetan; act for naturalisation of several foreigners; act for preserving the game; act in favour of [David Erskine], earl of Buchan; act of dissolution of the mines and minerals belonging to his grace [James Douglas], duke of Queensberry; act for burying in woollen; act in favour of the maiden hospital founded by the company of merchants and Mary Erskine; act concerning the payment of the sums out of the equivalent to the African Company; and act concerning the public debts, were all touched with the royal sceptre by her majesty's high commissioner in the usual manner.
[1706/10/446]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with advice and consent of the estates of parliament, considering that there is a pious and laudable design now carrying on by the incorporations of the craftsmen of Edinburgh and others who join with them and authorised by the town council of the said burgh, by their act dated 3 May 1704, for founding and erecting a hospital for the maintenance and education of the female children and grandchildren of decayed craftsmen and others to be presented by persons who give donations thereto, which may be of general advantage and especially to the city of Edinburgh, therefore, her majesty, with advice and consent foresaid, do hereby allow and authorise the said incorporations of the craftsmen of Edinburgh, and others joining or who shall join with them, to meet as often as occasion requires and to make such rules and constitutions for the carrying on and supporting of the said hospital only as they shall find just and convenient, as also to settle such funds as well out of their public boxes belonging to their respective administrations as private estates as they shall think fit, and to receive mortifications or donations from any persons who shall be pleased to contribute thereto, the said rules and acts to be made by them being always consistent with the laws of the kingdom, and with the acts and constitutions of the city of Edinburgh; and statutes and ordains the said rules and constitutions to be made by them to be as valid and effectual, to all intents and purposes for the ordering and governing of the said hospital above-mentioned, as if they were particularly expressed and set down in this act, with the which, her majesty, with advice and consent foresaid, dispenses for ever. And further her majesty, with advice and consent foresaid, ordains and declares the foresaid hospital, when set up and settled in its constitution and directors and overseers, to be a free hospital for the pious use foresaid, with power to the said hospital and its overseers and directors, not only to administer the funds and rents appertaining thereto, but likewise to purchase and acquire lands, tenements and others for the further good and advantage thereof; and, for that end, to make, grant and receive all manner of deeds and writs necessary for that effect, and to have a seal if they shall think needful, and with such inscriptions as they shall appoint for the confirmation of the said deeds, and generally to have all such powers, liberties and immunities of a free hospital for pious uses as any other hospital for the like uses has, or by the law may have within this kingdom.
[1706/10/447]*[print] [email] [cite] [preceding] [following]
At Edinburgh, 25 March 1707. Our sovereign lady the queen's majesty, with the advice and consent of the estates of parliament, taking into their serious consideration the great and unsupportable debts, extreme distress, manifest decay and imminent ruin of the royal burgh of Dundee, partly contracted and occasioned in the time of the troubles in King Charles I's reign, they being then obliged, by public authority, to fortify the town upon their own expenses, and partly by the sad calamity and loss the town sustained in the year 1651 through its being stormed and taken in by the then usurper, whereby the said burgh was pillaged and plundered in a most lamentable manner; as also the vast damages and losses the town sustained by the beating down of its harbour, the necessary reparation whereof was exceedingly expensive and burdensome, and moreover the great charges which the town was at by the marching and countermarching of troops through the burgh about the time of the revolution, with the universal decay of trade, especially in that place. Therefore, her majesty, out of her royal care and bounty for the relief and support of the said town does, with the advice and consent of the said estates of parliament, give, grant and convey to the said town of Dundee, provost, bailies, magistrates and council and community thereof, and their successors in office, for their use and behoof, an imposition of 2d Scots upon the pint of all ale and beer to be either brewed or in brought, tapped, vended and sold within the said town and Hilltown of Dundee and other liberties and suburbs thereof (and that over and above the queen's annexed excise) commencing from the date of this act, and thence to endure for all and whole the space of twenty-four years thereafter, imposing and ordaining the same to be paid to the said town and magistrates and council thereof by the brewers, vintners, sellers, tapsters and retailers of the said ale and beer during the whole space and years above-expressed, and the same to be uplifted, paid and ingathered weekly, monthly, quarterly as the foresaid magistrates and town council shall think fit to prescribe and order, strictly hereby appropriating and appointing the foresaid imposition and product thereof for the payment of the town's debts and, with this provision, as it is hereby expressly provided and declared, that the said imposition is and shall be burdened with the sum of £1,200 Scots money yearly for the space of six years to be paid to Mr James Anderson, writer to the signet, or his assignees, as a part of the expenses of the work recommended by the parliament to him, and that at two terms in the year Martinmas [11 November] and Whitsunday [15 May], beginning the first term's payment at Martinmas 1707, and ordains the magistrates of the said burgh to make payment of the same accordingly. And her majesty, with advice and consent foresaid, ordains formal books to be kept by the town treasurer containing a particular and exact account of the product of the said imposition and yearly application thereof for the ends above-specified, in manner after-mentioned, and that separate and apart from any other books containing the town's common good or other revenues, and which books shall contain in the beginning a full, fair and true list of the town's debts principal and interest due at Martinmas 1706, and of the bonds granted thereof, and of the persons, names and designations to whom the same are due, and that the present magistrates shall deliver a subscribed copy of the foresaid list of debts in order to its being recorded in their guildry books to the intent the same may be exposed to the view of all concerned, especially to the burgesses of the said town, with the whole accounts and rolls relative to the said imposition, in order to the said burgesses and others concerned in the said town their taking exact trial of the verity, justness and extent of the said debts and imposition, and how the same was yearly applied in such manner and by such persons as shall be appointed by them for that effect, and that how soon any advantage shall arise to the said burgh by the above imposition now granted in their favour, that then, and immediately after the expiration of each year thereof, at least between then and the first day of January after the said expiration, the said magistrates and town council shall be held and obliged to make payment of the neat product of the said imposition for disburdening of the town of the whole bygone interest of the principal sums and ministers' stipends resting owing preceding Martinmas 1706 in the first place and that conforming to a list thereof herewith given in and which is to be recorded in formal books, as above, and in the next place for paying the principal sums themselves proportionally, and pertaining to the extent and yearly product of the foresaid imposition. And her majesty, with advice and consent foresaid, ordains the neat product and account of the foresaid imposition to be made up between then and the first day of January yearly after the expiration of each year, and discharges of interest, bygone ministers' stipends and bonds to be retired yearly conforming to the extent and product of the said imposition and that between then and the first day of February thereafter, that the same, with the other revenues of the town shall, during the time of the act, be managed and disposed of at the sight and by the advice of the persons following, to wit the provost of Dundee and six of the town council nominated by the town council yearly, whereof five to be a quorum, and by five creditors, not councillors, chosen by the creditors, three whereof to be a quorum, by three maltmen, not councillors, chosen by the maltmen and by the authority of the dean of guild, two whereof to be a quorum, and by two tradesmen, not councillors, chosen by the convener and trades, one whereof to be always present, and all which to be yearly chosen, and the said joint committees, or their respective quorums, to meet quarterly by advertisement from the provost of the burgh for the time, and the yearly clearing of accounts to be in the presence of the earls [John Lyon, earl] of Strathmore, [James Maule, earl of] Panmure, [David Carnegie, earl of] Northesk and [John Elphinstone], lord Balmerino, Mr Francis Montgomery of Giffen, Mr Patrick Lyon of Auchterhouse, Mr Henry Maule of Kellie, Mr James Carnegie of Finavon, James Haliburton of Pitcur, Thomas Fotheringham of Powrie, David Graham, younger of Fintry, [Alexander]† Duncan of Lundie and John Scrimgeour of Kirkton, or any of them who shall please to inspect the same, they always having advertisement from the provost or bailies of the said burgh for the time of the said diet of meeting, as said is, that so the debts may be yearly diminished and bonds cancelled and deleted out of the list of debts due by the said town, beginning the first term's instruction of the said payment at the term of Candlemas [2 February] 1708 and that for the year preceding and so furth to continue, during all and whole the space of this act, and that there shall be public intimation given to the whole merchants of Dundee to be present at the said annual meeting upon the [...] day of [...] yearly in order to their full satisfaction anent the neat product of the foresaid imposition, and due application thereof, for payment of the town's debts in manner above-expressed. And further it shall be rightful and lawful to all or each burgess of the said town, and they are hereby authorised and empowered to prosecute the said magistrates who shall not apply the foresaid imposition in the terms of this act and who are hereby declared liable in repetition and payment of whatever part of the above sums appointed to be paid yearly, as aforesaid, shall be unpaid or suffered to perish or become unprofitable by them through their neglect or negligence, and that before any judge competent and for payment of the expenses in the pursuit according to the pursuer his oath in the lawsuit without any manner of diminution or modification. And lastly her majesty, with advice and consent foresaid, does nominate and appoint the persons above-specified, each of them in their own classes and their respective joint committees and quorums of them, to be overseers of the said new imposition and management thereof in manner particularly above-mentioned. And its hereby declared that it shall be rightful to the said magistrates and town council to farm and set in tack the said imposition by way of public roup at the sight of the above overseers or their joint quorums, without whose consent it is also declared that the said magistrates can contract no debt for the time foresaid whereby the said town may be further burdened.
Extracted furth of the records of parliament in the lower parliament house by me David [Boyle], earl of Glasgow and lord clerk register.† Glasgow, clerk register.
[1706/10/448]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering a petition given in by the provost, bailies and council of Aberdeen representing the expense they have been brought to by the reparation and building of a bulwark for supporting their harbour, by the reparation of their prison and expense they will be put to in bringing water in to the town, by which, and their former debts, they are reduced to straits, and therefore craving a prorogation of a former gift in their favour for the space of twenty-five years after outrunning thereof. Therefore her majesty and estates foresaid do hereby ratify and approve the said former act in their favour, which is dated 16 July 1695 and, after expiration thereof, prorogate the same for the space of twenty-five years more, to be uplifted and collected by them in such form and manner during the said twenty-five years as they shall think fit, they being always obliged to apply the sum so uplifted, by virtue of this and the former gift, towards the payment of the principal sums due by them in the first place, and that at the sight of [James Ogilvy], earl of Seafield, lord high chancellor, [John Erskine], earl of Mar, lord secretary, [Charles Hay], earl of Erroll, [William Keith], earl Marischal, [John Keith], earl of Kintore, the lords [William Forbes, lord] Forbes and [Charles Fraser, lord] Fraser, Sir Thomas Burnett of Leys and the present commissioners to the parliament for the shire of Aberdeen, to whom, from year to year, they are to be accountable for their management, with the burden always of £40 sterling yearly during the continuance of this and the former gift towards a salary to Doctor Thomas Bower, regius professor of mathematics in the King's College of Aberdeen, and his successors in office, payable at two terms in the year Whitsunday [15 May] and Martinmas [11 November] by equal portions, beginning the first term's payment at Whitsunday next; and £30 sterling payable at Whitsunday and Martinmas next, by equal portions, to Alexander Baillie, servant to the lord register or his assignees, in part payment for his great pains and expense in putting in order the records and warrants in the lower parliament house, making inventories of the books and searching out and writing a register of the old public treaties between this and other nations, and ordain the magistrates of the said burgh to pay the said respective sums accordingly. And to the effect the said town of Aberdeen may be the better enabled to pay the said sum of £40 sterling yearly to the said Doctor Bower and his successors and the said £30 sterling to the said Alexander Baillie, in manner foresaid, out of what arises from the said gift, and in regard they have several public and useful works of their own to finish and carry on for the public utility, therefore, her majesty and the estates of parliament extend the imposition upon liquors mentioned in their said gift to what shall be brewed and vended in the old town of Aberdeen, college bounds, Spittal and Seaton, from and after the said term of Whitsunday next, and statute and ordain that all liquors brewed and vended in the said old town, college bounds, Spittal and Seaton, from that term and during the continuance of this gift, shall be liable to the same imposition on liquors that are brewed and vended in the new town, and that the said town of Aberdeen, their collectors or tacksmen, may levy, collect and uplift the said imposition during the space foresaid in the same way and manner as they have levied and collected or shall levy and collect the same from their own brewers and retailers, and declare this act to be as effectual as if it had been contained in their first gift hereby prorogated.
[1706/10/449]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, taking to consideration that the town of Bo'ness is most conveniently situated for trade and the place where both natives and strangers with their ships and vessels resort but, for want of a pier or harbour, many inconveniences arise, to the great hurt and damage both to merchants and owners of ships, and goods, being necessitated to load and unload the same by boats and lighters at inconvenient seasons, being obliged to wait upon tides and calm weather, to the great prejudice of all concerned and to the great detriment of her majesty's revenue by diminution of the duty of damnified goods which frequently falls out upon the reasons above-mentioned, all which would be avoided if there were a convenient pier or harbour for loading and unloading in manner foresaid. And considering that the inhabitants of the said town and parish thereof are desirous and willing that the imposition after-mentioned be granted for building of a harbour at the said town, as a paper under their hands has testified, therefore, her majesty, with advice and consent of the estates of parliament, does hereby allow an imposition of 2d Scots upon each pint of all ale and beer to be brewed and vended within the said town and parish, to be uplifted and collected by his grace the duke of Hamilton, his heirs and successors or their collectors, and that for the space of nineteen years, and the money so to be uplifted is hereby destined and appointed for erecting and building the said harbour, and the said duke of Hamilton and his foresaids are to apply the said money for the use and end above-mentioned at the sight of William [Johnston], marquis of Annandale and John [Hamilton], earl of Ruglen, or any one of them, their heirs or successors in case of their decease. And the said duke of Hamilton and his foresaids are hereby authorised to enter to the collection of the said imposition at and after the term of Whitsunday [15 May] 1707, with the burden always of £30 sterling payable at Whitsunday and Martinmas [11 November] next by equal portions to Alexander Baillie, servant to the lord register, or his assignees, in part payment for his great pains and expense in putting in order the records and warrants in the lower parliament house, making up inventories of the books and searching out and writing a register of the old public treaties between this and other nations, and ordain the said duke and his foresaids to pay the same accordingly.
[1706/10/450]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and the estates of parliament, considering that the burgh of Kirkcaldy having, by the building of a harbour, tolbooth and other public works, contracted debts far beyond their common good, whereby, and by the great loss the inhabitants have suffered in shipping during the late and present war, they are so impoverished that the burgh is in great hazard of going to utter ruin to the public loss of the nation. And seeing an imposition in favour of the burgh of 2d upon each pint of ale and beer brewed and vended, within the privileges of the same for a suitable time, would be a ready means for preventing thereof; and that the far greatest part of the burgesses and inhabitants (who only can be the sufferers) have, by a writ under their hands, signified their consent thereto. Therefore, and for the better enabling the said burgh to perform that duty and service to the public, which upon all occasions they have been ready to do, her majesty, with advice and consent of the said estates, authorise and empowers the magistrates and town council of Kirkcaldy (or such as they shall appoint) to collect and ingather an imposition of 2d (distinct from the excise payable to her majesty) upon each pint of ale and beer brewed and vended, within the privileges of the said burgh, for the space of twenty-five years from and after Whitsunday [15 May] next in the year 1707, to be applied for the payment of the public debt of the burgh in the first place, and for repairing the harbour and other public ends of the burgh in the next place, with full power to the magistrates and town council, or their collector, to poind and distrenzie, and to use such order for bringing in thereof as they are in use to do for any part of their common good; with the burden of £25 sterling yearly to be paid to the seven macers of parliament for the first four years, and £10 sterling yearly to Doctor Thomas Bowar, professor of mathematics in the King's College of Aberdeen towards a salary, to himself and successors in the said profession, from the said term of Whitsunday for the whole subsequent years contained in this act; which her majesty, with advice foresaid, discerns and ordains to be paid to him and his successors in office by the magistrates and their collectors at two terms in the year Whitsunday and Martinmas [11 November] by equal portions accordingly, and that the said 2d of the pint shall be applied to the uses above-mentioned by the said magistrates at the sight of the earls of [John Hamilton/Leslie, earl of] Rothes, [David Wemyss, earl of] Wemyss, [David Leslie/Melville, earl of] Leven, [Henry Sinclair], lord Sinclair, or any two of them, their heirs and successors, who are hereby authorised to call the said magistrates and their collectors to account for the same.
[1706/10/451]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, considering that by the several annexations of kirklands to the crown the feu duties are reserved to the lords of erection, redeemable by her majesty and successors by payment of 1,000 merks for each 100 merks or chalder of victual, and proportionally for every other duty not being naked services, and that this reversion has been no profit to the crown but a let and impediment of all transactions between the lords and feuars thereupon, and that the said lords of erection and their successors in their rights have been always most dutiful to her sacred majesty and her predecessors. Therefore, and for the other grounds above-written, her majesty, with advice and consent of the estates of parliament, dissolves the said feu duties from the crown and rescinds all the acts of annexation thereof to the effect the same may remain with the lords of erection, and those having right from them, irredeemably and forever, and therefore discharges the said reversion contained in the several acts of parliament and, for her and her successors, renounces the same forever, and wills and ordains that this general discharge and renunciation shall be as valid and effectual to every person concerned as if they had particular discharges and renunciations apart registered in the register of reversions and discharges thereof. With the which and anent all imperfections that may be objected, her majesty, for herself and successors, with advice and consent foresaid, has dispensed and hereby dispenses forever, declaring this act shall not preclude her majesty and her royal successors of the right of superiority of the said erections or of any duties, casualties or services able to be carried out by the lords of erection for the same conforming to their several rights thereof.
[1706/10/452]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and the estates of parliament, considering that the burgh of Kinghorn, having contracted debts far beyond their common good by upholding their ruinous harbour and building a new one not yet finished, which will be of the greatest use and advantage to all passengers coming and going from this place to the north of Scotland, and besides other great losses the inhabitants have sustained in transporting several of their majesties' forces since the revolution and furnishing them horses, which have been quite ruined and for which they never received any payment, they are so much impoverished that the town is in hazard of utter ruin; and seeing an imposition in favour of the said burgh of 2d upon each pint of ale and beer brewed and vended within the said burgh and privileges thereof, for a competent number of years, would be a ready means for enabling the said burgh to finish the said harbour and preventing the ruin thereof by the great losses already sustained. Therefore, and for the better enabling to perform the duty and service to the public which upon all occasions they have been ready to do, her majesty, with advice and consent of the estates of parliament, authorises and empowers the magistrates and town council of Kinghorn, and such as they shall appoint, to collect and ingather an imposition of 2d upon the pint of ale and beer brewed and vended, within the said burgh and privileges, for the space of twenty-four years from and after 1 May next to come, to be applied for payment of the debts contracted in advancing of the said harbour, and to be contracted for finishing thereof in the first place, and in the next place for payment of the public debts of the burgh, with full power to the said magistrates, town council and such as they shall appoint to poind and distrenzie, and use such order and execution for bringing in thereof as they are in use to do for their common good, which imposition of 2d upon the pint of ale and beer, during the space foresaid, is hereby declared to be over and above and distinct from the annexed and additional excise payable to her majesty, the said magistrates being obliged to apply annually what arises from the said imposition in order and to the uses aforesaid at the sight of the earls [David Wemyss, earl of] Wemyss, [John Lyon, earl of] Strathmore, [David Leslie/Melville, earl of] Leven and [George Melville, earl of] Melville, and their heirs or any two of them, who are hereby authorised to audit the accounts of the said imposition and to discharge the magistrates upon such charge and discharge to be given in by them, as the said earls shall see just. And its hereby provided and declared that the foresaid imposition shall be burdened with the payment of £600 Scots to William Wilson, one of the under-clerks of session, and that for a year and a half's salary due to him as under-clerk of privy council from Whitsunday [15 May] 1689 to Martinmas [11 November] 1690 and for the extraordinary pains and expenses he was put to for the exigency of the government during that time, and with the like sum of £600 Scots to James Stephen, usher, for his public service and attendance payable in six years, being £100 to each of them per annum, and appoints the first year's payment to be at Candlemas [2 February] 1708 and so yearly at the said term, until the said respective sums be completely paid, and ordain the said magistrates, town council and collectors thereof to make payment to them accordingly.
[1706/10/453]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, considering that the easiness and patency of high roads to, through and from royal burghs concerns the policy of the kingdom, and that the common passage through the town of Stirling (a place of great frequency and where her majesty has her royal castle and palace) is greatly impeded by several forestairs or outshoots in the street or wynd called Mary Wynd, so as neither coaches nor ladened carts or wains can conveniently pass, therefore, her majesty, with advice and consent of the estates of parliament, statute and ordain that the magistrates of Stirling shall, between now and 1 May next, take down the said forestairs or outshoots and build stairs to the said houses so that the street may not be incommoded, and that at the sight and with the approbation of [John Erskine], earl of Mar, Lieutenant Colonel John Erskine, commissioner for the said burgh, and Sir John Erskine of Alva, or any two of them.
[1706/10/454]*[print] [email] [cite] [preceding] [following]
Our sovereign lady the queen's majesty and the estates of parliament, considering that the bridge of Larbert, upon the water of Carron, was built by the earl of Linlithgow's predecessors upon their own charges, and being upon the highway and public road, from the west to Edinburgh and from the north to the south parts of the kingdom, the said bridge and the ways and calsays leading to and from the same, and the calsay of the town of Falkirk belonging also to the said earl, are much damnified and impaired by the continual passing of carts and loaded horse and require a considerable expense to uphold and preserve the same for the common benefit and advantage of the lieges. Therefore, her majesty, with consent of the estates of parliament, appoints and allows 4d Scots for each cart, 2d for each loaded horse and 12d Scots for each score of all droves of cows that shall pass along the said bridge of Larbert or town of Falkirk, to be exacted and uplifted by the said earl of Linlithgow, or those commissioned by him, to be employed for preserving, repairing and upholding of the said bridge, ways, and calsays of Falkirk, and that for the space of twenty-one years after the date hereof.
[1706/10/455]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that by an act of parliament dated 14 August 1663, the estates of parliament, understanding the necessity to have a stone bridge built over the river of Clyde at Rammwell Craige,† and another bridge over the water of Duneaton, there being common passages and market ways there, and in which diverse persons have at several times perished, did authorise the deceased William Baillie of Littlegill to build the said two bridges, and for his encouragement in the building and keeping up of the same did appoint that, for the space of twenty-seven years after the date of the said act, the said William Baillie and his heirs should have the collecting, ingathering and uplifting of the customs following, namely 12d Scots off every horse and load; 8d Scots off every cow and horse; 2d Scots off every sheep that shall pass along those two bridges or either of them, or who shall pass that way through the said William Baillie his lands, whether they take the bridges or not, and 6d Scots for each single horseman and 2d for each footman that shall pass along the said two bridges, or either of them, and that the said two bridges were accordingly built, and the customs in use to be uplifted by the said deceased William Baillie of Littlegill, and since his decease by Cicilia Wedderburn, his widow, by virtue of an assignation thereto from her husband in implementation of her contract of marriage, and that the upholding and repairing of the said bridges does require that the said customs be yet continued, her majesty, with advice and consent of the estates of parliament, grants order and warrant to the said Cicilia Wedderburn and to William Baillie, her eldest son, and his heirs in case of her decease, for their encouragement, to uphold and repair the said two bridges and to exact and uplift the foresaid customs payable at the said two bridges, excepting the carriages of the lead and lead ore belonging to [James Douglas], duke of Queensberry and [Charles Hope], earl of Hopetoun, and victual and materials for the use of the workmen and mines passing the said bridges and fords, which, with the carriages, carriers and servants, cart horses and others employed in the said carriages, shall have and enjoy free passages without payment of any of the said duties or any other impediment or molestation whatsoever, and that for the space of twenty-one years after the expiration of the said twenty-seven years, they always repairing and upholding the said two bridges in good condition at the sight of the duke of Queensberry, the earls [Archibald Douglas, earl] of Forfar, [John Carmichael, earl of] Hyndford, [Charles Hope, earl of] Hopetoun and [William Baillie], laird of Lamington, or any two of them.
[1706/10/456]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, considering that John Henry Huguetan, a Frenchman and Protestant, being obliged to retire out of France upon the account of the persecution, and he being well known in trade, and being desirous to settle in this kingdom and to bring all his effects here in order to carry on trade, and for that effect to be naturalised; therefore, her majesty, with advice and consent of the estates of parliament, statutes, enacts and declares that the said John Henry Huguetan, and the children of his body, and all persons lineally descending from him, born or hereafter to be born, be and shall be to all intents and purposes whatsoever held and reputed, taken and esteemed natural born subjects of this kingdom, as if the said John Henry Huguetan, and the children of his body and all persons lineally descending from him, born or hereafter to be born, had been born within this nation, and shall enjoy all benefit and privileges of natural born subjects of this kingdom.
[1706/10/457]*[print] [email] [cite] [preceding] [following]
Our sovereign lady the queen's majesty, with advice and consent of the estates of parliament, considering that Colonel Scipio Hill, Lieutenant Colonel Henry Verriere, of her majesty's regiment of footguards, Lieutenant Colonel John Cadour, captain in Major General Maitland's regiment, Captain Theodore Durie, her majesty's chief engineer, Captain Daniel Charlot, brigadier in her majesty's troop of guards, Captain John Burjaud, in Colonel Grant's regiment, Captain James Cavalier, lieutenant in her majesty's troop of horse grenadiers, Ensign Peter Charranton, in [William Gordon Sutherland], lord Strathnaver's regiment, Peter Cregut, formerly lieutenant in Sir William Douglas's regiment, Jeremiah Bossugne, adjutant to Major General Maitland's regiment, Major Belthazer Guydett, captain of dragoons in my lord [William Kerr], marquis of Lothian's regiment, Mr James Le Blanc and Daniel Lafagette, merchants in Edinburgh, Joshua Legoux, servant to [John Ker], earl of Roxburghe, Francis Gobron, late servant to [John Lindsay], earl of Crawford, Peter Bishop alias Lamarr, servant to [John Lyon], earl of Strathmore, Mr John Godfrey, preacher of the Gospel, Francis Loumeau du Pont, minister, Andrew Ferre, confectioner, and James Kremberg, page to my lord commissioner, Henry Hue Gilder, lieutenant, [...] Lawrence, in Major General Maitland's regiment, David and Matthew Lawrence, his sons, Lieutenant James Bruce, in the said regiment, and Peter and Frederick Bruce, his sons, Sergeant David Pirie, Robert Keith, son to Colonel [...] Keith, and William Gartshore, son to Lieutenant William Gartshore, all in the said regiment, James Binnet, native in Poitou in France, Paul Roumieu, watchmaker in Edinburgh, Peter Petite, sail-maker in Leith, Aeneas Leblanc, native of La Rochelle, George Keith, son to Lieutenant Gideon Keith of the royal regiment of dragoons, John Modena and Kenneth Smith, limners, Henry Cramden, musician, Captain James Moxgam, in Colonel Hepburn's regiment, [...] Fashier, captain lieutenant in the said regiment, John Modena, younger, limner, Francis Borie, one of the gentlemen of her majesty's lifeguards, Anthony Robyne, servant to [Alexander Grant], laird of Grant, younger, and John Hamilton, son to Alexander Hamilton, merchant in London, have resided several years within her majesty's ancient kingdom of Scotland, and some of them have and do enjoy offices in her majesty's army and have behaved themselves in their respective offices as becomes the subjection and obedience they owe to her majesty and her government; as also that all of them are of the Protestant, reformed religion professed within this kingdom; and as also considering that the rights and privileges of naturalisation to strangers of the Protestant religion, having their effects and residing within this realm, has always been thought beneficial thereto. Therefore, our sovereign lady, with advice and consent foresaid, not only ratifies, approves and confirms all and whatsoever acts of naturalisation heretofore made in favour of strangers which may in any way be applied to or concern the said persons above-mentioned, but also out of her royal bounty and inclination to favour the persons before named, with advice and consent foresaid, statutes, enacts and declares that the said Colonel Scipio Hill, Henry Verriere, John Cadour, Theodore Durie, Daniel Charlotte, John Burjaud, James Cavalier, Peter Charranton, Peter Cregut, Jeremiah Bossugne, Balthazer Guydette, Mr James Le Blanc, Daniel Lafagette, Joshua Lagoux, Francis Gobron, Peter Bishop, alias La-Marr, Mr John Godfrey, Francis Loumeau Du Pont, Andrew Ferre, James Kremberg, Henry Hue, [...] Lawrence and Matthew and David Lawrence, Lieutenant James, Peter and Frederick Bruce, David Pirie, Robert Keith, William Gartshore, James Binnet, Paul Roumieu, Peter Petite, Aeneas Leblanc, George Keith, John Medina, Kenneth Smith, Henry Cramden, James Moxgan, [...] Fashier, John Modina, Francis Borie, Anthonie Robyne and John Hamilton shall be and are hereby naturalised as native born subjects of the kingdom of Scotland, and are to enjoy her majesty's royal protection, the benefit of the law and all other privileges which a native does enjoy, as freely in all respects as if they themselves had been born within the same, and all enjoy all the rights, freedoms and privileges that are the native consequences of naturalisation, as fully as they were herein particularly enumerated. And further her majesty, with consent foresaid, statutes, enacts and declares that this privilege of naturalisation shall have full force and effect to the foresaid whole persons above-mentioned, and every one of them respectively, for the communication to them of all the rights and privileges of the native born subjects of Scotland in the case of a union between the realms of Scotland and England as if they had been native born Scots, that is they shall be deemed and reputed as the natives of Scotland to enjoy all rights and privileges in a united state with England (in case the same shall happen) as any native Scotsman in such a case might or shall enjoy, declaring always that it shall be rightful for each of the said persons to extract particles of this act for their own behoof, and that the persons above-named shall take the oath of allegiance and sign the assurance in the ordinary form before the lord clerk register and that before the said persons shall have any benefit of this act. And the lord clerk register is likewise hereby empowered to cause any of them to subscribe the formula contained in an act made in the parliament of 1701 entitled, act for preventing the growth of popery, as he sees cause.
[1706/10/458]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with advice and consent of parliament, does hereby strictly prohibit and discharge, in all time coming, the killing of muirfowls from 1 March to 20 June, and partridges from 1 March to 20 August inclusive, under the penalty of £20 Scots on each occasion, the half whereof to be given to the discoverer and the other half to be at the disposal of the judge before whom the same shall be examined. And for the better preventing the killing of these fowls during the foresaid prohibited seasons, her majesty, with advice foresaid, does strictly prohibit and discharge the selling, buying or using of these fowls during the foresaid seasons within any burgh, village or private house within this kingdom, under the penalty foresaid to be applied as above. As also, it is hereby discharged that no common fowlers shall presume to hunt on any grounds without a subscribed warrant from the proprietors of the said grounds, under the penalty foresaid, besides forfeiting their dogs, guns and nets to the apprehenders or discoverers. And its herby further provided that no fowler or any other person whatsoever shall come within any heritor's ground without leave asked and given by the heritor with setting dogs and nets for killing fowls by nets, and if any common fowler shall be found in any place with guns or nets having no licence from any nobleman or heritor, they shall be sent abroad as recruits. As also, that no persons whatsoever shall shoot hares under the foresaid penalty. And for the better executing of this law her majesty, with advice foresaid, appoints and ordains all sheriffs of shires, stewarts of stewartries, justices of peace, masters of the game, bailies of burghs or regalities, to put the same in due execution under the penalty of £100 Scots, for which penalty it is herby declared that the said judges shall be liable to the pursuer or complainer before the lords of session upon an instrument taken by the said pursuer or complainer that the judge applied to refused or delayed to examine the complaint according to law and to discern in the terms of this act. And lastly her majesty, with consent foresaid, does herby ratify and approve all former acts made anent the game except in so far as they are hereby innovated and altered by this present act.
[1706/10/459]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, considering that upon a petition presented by David, earl of Buchan in the last session of this current parliament, representing that he was hindered from entering heir with the benefit of inventory to his predecessors the earls of Buchan last infeft, in the terms of the 24th act of the 5th session of his late majesty King William's parliament, by his absence out of the kingdom for near the space of two years after the decease of William [Erskine], earl of Buchan, his immediate predecessor, he obtained an act and deliverance of parliament allowing him, a year and a day from the date thereof, to enter heir to his said predecessors, in manner above-mentioned, as the said act and deliverance of the date 6 September 1705 more fully bears; and the said earl, having been accordingly served heir with the benefit of inventory thereupon within the said space, therefore her majesty, with advice and consent of the estates of parliament, ratifies, approves and confirms the said act and deliverance in favour of the said earl of Buchan and his said service thereupon, and declares this present act to be excepted out of all acts salvo jure to be passed in this or any subsequent session of parliament.
[1706/10/460]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, considering the great pains and expenses bestowed by the deceased William [Douglas], duke of Queensberry for finding, working and winning of his lead mine within the baronies of Drumlanrig and Sanquhar; as likewise the great and special services done and performed to her majesty and the crown of this kingdom by James, now duke of Queensberry, and the said deceased William, duke of Queensberry, his father, and their predecessors, and that the granting to James, now duke of Queensberry, and his heirs and successors, the heritable and full right of all mines of gold, silver, tin, lead, copper and of all other metals and minerals whatsoever of whatever kind, nature or quality, already found or that may be found hereafter within the bounds of the dukedom of Queensberry, lands, lordships, baronies and others pertaining to the said James, duke of Queensberry; together with the tenth part thereof, and all other right and title or interest that her majesty may have or acclaim thereto, may contribute much to the further search and discovery, finding, working and winning of the said mines, metals and minerals above-mentioned, for the general good of the kingdom, does therefore, with the advice and consent of the estates of parliament, dissolve the whole foresaid mines of gold, silver, tin, lead, copper and whole other metals and minerals above-mentioned, with the tenth part thereof and all other customs and duties payable to her majesty for the same, with all other right, title and interest her majesty or her successors may have, claim or pretend thereto from her majesty's crown and patrimony thereof, and all annexation thereto, to the effect her majesty and her successors may freely and fully give, grant and convey the same to the said James, duke of Queensberry and his heirs and successors and assignees in such full and ample form and manner as her majesty shall think fit, to be held feu of her majesty and her successors for such a feu duty as she and they shall please to lay down and appoint for all other burden, exaction and demand in the most free and absolute manner; and specially without prejudice of the generality above-written, her majesty, with advice and consent foresaid, declares that the said mines, metals and minerals are and shall be possessed in all time coming by the said James, duke of Queensberry and his foresaids, with express freedom and exemption from all payment of customs, bullion, shore dues or any other dues whatsoever payable or that can be exacted from them for any of the said metals and minerals, either already wrought or that shall happen to be wrought in all time coming, with full power to them to export and transport the said metals and minerals, or any part or portion of the same, into foreign countries free from the said dues and other customs and dues whatsoever, either already laid on or to be laid on, inhibiting and discharging all having right of gathering up the shore dues, anchorages or other customs, and all the tacksmen, farmers and collectors of her majesty's customs present and to come, and the masters of her majesty's mint, their deputes, servants and officers, from uplifting and collecting any sums of money, bullion, anchorages, shore dues or any other dues whatsoever for any of the said metals or minerals, already wrought or that shall happen to be wrought, in the said mines or exported therefrom out of this her majesty's kingdom, either purified or not purified. And moreover, her majesty, with advice and consent foresaid, wills and grants that the servants and hewers and others employed or to be employed by the said James, duke of Queensberry and his foresaids for the use of the said work may be free from all stent, taxations, impositions, watch and ward, and that they shall enjoy all other benefices, privileges and freedoms made and granted in favour of the workmen of mines and minerals, or which can in any way be understood or interpreted to be in their favour by the laws and practice of this her majesty's realm.
[1706/10/461]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, for encouragement of the manufacture of wool within this kingdom, with advice and consent of the estates of parliament, rescinds the sixteenth act made in the parliament held in the year 1686 entitled, act for burying in Scots linen; as also another act entitled, act for burying in Scots linen made in the parliament held in the year 1695. And her majesty, with advice and consent foresaid, statutes and ordains that hereafter no corpse of any person, of what condition or quality soever, shall be buried in linen of whatever kind, and that where linen has been made use of about dead bodies formerly, plain woollen cloth or stuff shall only be made use of in all time coming, and that under the same penalties and rules as are contained in the foresaid two acts against the contraveners therein-mentioned, which penalties and rules her majesty, with advice and consent foresaid, hereby transfers and declares to take effect in all cases of contravention of this present act.
[1706/10/462]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that the Company of Merchants of Edinburgh and Mary Erskine, widow of James Hair, druggist in Edinburgh, with the assistance of several noble and generous benefactors, have erected a hospital for maintaining and educating poor young children of the female sex, and with the money given by the said Mary Erskine have purchased and acquired the great lodgings houses and yards in Bristo for accommodation of the children of the said hospital; and also considering that the management of the same hospital is settled in certain governors, treasurer, clerk and other officers, conforming to certain rules and constitutions agreed upon by the donators and benefactors, a part whereof are contained in a contract passed between the present governors of the said hospital and the said Mary Erskine dated the 12th and 13th days of March instant; therefore, her majesty and estates of parliament hereby allow and approve of the erection of the said hospital, and ratify and confirm the same together with the rules and constitutions already made for managing thereof, particularly these contained in the foresaid contract, with the said contract itself, together with such rules and constitutions as shall hereafter happen to be made for the better governing and regulating of the said hospital and whole concerns thereof, the same whole constitutions and rules being always consistent with the laws of this kingdom, and with the amended constitutions contained in the said contract and approved of by the town council of Edinburgh. And further her majesty and estates of parliament hereby authorise the governors of the said hospital to receive all mortifications and donations that shall be made in favour of the same, approving hereby of the same and of all donations and mortifications already made, declaring the said hospital, in all time coming, to be a free hospital and the foresaid great lodgings houses, yards and pertinents in Bristo, purchased and endowed for the use of the said hospital by the said Mary Erskine, to be free of all public burdens whatsoever for the pious uses above-mentioned, with power to the governors thereof not only to administer the funds and rents of the said hospital with all donations already made, but likewise to purchase and acquire lands, tenements and others for the use, benefit and advantage of the said hospital, and for that end to make and grant, give and receive all manner of writs, deeds and securities necessary, and to have and use a common seal with such inscriptions as the governor shall judge fit for confirmation of the said deeds and writs; and generally to have, use and enjoy all such powers, liberties and immunities as any hospital has or by law may have within this kingdom.
[1706/10/463]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, considering that by the fifteenth article of the treaty of union of the two kingdoms of Scotland and England it is agreed that out of the sum of £398,085 10s sterling mentioned in the said article, after what consideration shall be found necessary to be had for any losses which private persons may sustain by reducing the coin of Scotland to the standard and value of the coin of England, in the next place the capital stock of the African and Indian Company of Scotland, advanced, together with the interest of the said capital stock after the rate of five [of the] pound per cent per annum from the respective times of the payment thereof, shall be paid, upon payment of which capital stock and interest it is agreed the said company will be dissolved and cease, and also that from the time of passing the act of parliament in England for raising the said sum of £398,085 10s the said company shall neither trade nor grant licence to trade, providing that if the said stock and interest shall not be paid in twelve months after the commencement of the union that then the said company may from thence forward trade or give licence to trade until the said whole capital stock and interest shall be paid. And also, considering that there may be diverse difficulties arising concerning the stating of the said capital stock and the particular shares and titles of the several proprietors and the execution competent for recovering the respective shares and interest conforming to the article, and her majesty being most desirous to prevent all mistakes and abuses which may hinder the ready and effectual application of the foresaid money, conforming to the said article, and dissolving the company in the terms thereof, therefore, and to the end that the shares and titles of the several proprietors may be the more distinctly constituted and the commissioners for disposing the equivalent may the more safely make payment, her majesty, with advice and consent of the estates of parliament, requires and ordains the directors and secretaries of the said African and Indian Company to frame a particular account or list of the stock and interest of the same from the respective times of the payment, excepting only that such as got allowance for the interest of the first instalment at paying in of the second instalment shall only have right to the interest from 1 August 1698 for the first instalment belonging to each proprietor or their assignees where transfers are marked on the said company's books; as also, another account of the debts due by the said company containing the particular creditors' names with interest due for such debts as bear interest, the sums in both accounts not exceeding the sum of £232,884 5s 2/3d sterling at 1 May next. And both the said accounts are to make express mention at every article of the page and book belonging to the company from whence the said accounts have been taken. Likewise her majesty, with advice and consent foresaid, requires and ordains the present directors, at least five of them and their secretary who now is or whom they are hereby required to name for that effect, to draw up and perfect the foresaid two accounts or list in manner above-mentioned, and that they or five of them and their said secretary shall sign the said accounts respectively and deliver the same in to the lord clerk register between now and the foresaid 1 May next, certifying the said directors and their secretary that if they fail in punctual performance of the aforesaid, or any part thereof, letters of horning shall be directed against them and their said secretary at the instance of the commissioners to be appointed by her majesty for the disposing of the equivalent, who are hereby authorised and empowered for that effect. And further that the respective proprietors and others having interest and the creditors of the said company contained in the foresaid accounts may be the more readily answered and paid, her majesty, with advice and consent foresaid, statutes and ordains that a certificate drawn out of the books of the said company bearing the names of the respective proprietors and transfers which concern any share marked in the books of the said company, or the names of the said creditors of the company and the payments advanced by the said proprietors, or the sums due by the said company to their creditor with the time of advancing the said payments or contracting the said debts, with the said interest due on the respective shares and debts at five [of the] pound per cent until 1 May next, and which certificate shall also express the pages and books of the said company from whence the same are taken, and shall be signed by the directors or three of them, or an extract of a particle concerning any particular share or debt, under the hand of the lord clerk register or his deputes, furth of the said accounts appointed to be made up and delivered in to him in manner above set down, shall be separately authentic and probative and shall be a sufficient title to receive the respective shares or debts and interest due respectively thereof, and the discharges granted by persons having right to such certificates or extracts shall be a sufficient exoneration to the commissioners for disposing of the equivalent, which certificates and extracts are hereby ordained to be given furth gratis. And further where the shares of the proprietors or debts due to the creditors of the said company have been legally affected by diligence, the creditors using lawful diligence shall have such action against the commissioners of the equivalent for recovering the sums so affected as would have been competent to the parties themselves, whose shares or debts they do affect by virtue of this act, if they had insisted in their own names. And to the end the lieges may be certified when and where to receive their money, her majesty, with advice and consent foresaid, ordains that as soon as the foresaid sum of £398,085 10s mentioned in the above fifteenth article shall be paid in to the commissioners to be appointed by her majesty for disposing the equivalent, the same shall be notified to the privy council of this kingdom and thereupon a proclamation shall be issued out by the lords of privy council intimating the same to the lieges and requiring the proprietors and others having right to come and receive their shares, conforming to their respective titles, at Edinburgh where the said commissioners of the equivalent or a quorum of them are hereby appointed to reside until the said capital stock and interest be paid to the said proprietors and creditors of the said company. And her majesty, for the ends above-mentioned, with advice and consent foresaid, statutes and ordains that after the said proclamation the said commissioners to be appointed for disposing of the equivalent, by acceptance of their trust and office, shall be bound to make payment to the several proprietors and creditors contained in the foresaid lists and producing the foresaid extracts or these deriving right from them of the full shares and debts, with interest due respectively thereupon, at 1 May next, conforming to the accounts appointed to be made and delivered in to the clerk register between then and the said day in manner above-expressed, and that without delay, loss or defalcation, declaring that it shall not be lawful for the said commissioners, their clerks, secretaries or cashiers by themselves or others, directly or indirectly, to acquire any shares or debts of the said company or to obtain any ease or gratification for payment to the parties respectively. And in case of not ready payment in manner foresaid, it is hereby statute and ordained that such diligence and execution shall follow at the instance of the respective proprietors or creditors or others deriving right from them for their respective sums, principal and interest, conforming to the foresaid accounts against the said commissioners of the equivalent and their cashiers, conjunctly and severally, as is competent against parties liable for foreign bills of exchange, and that upon production of the company's bonds to the creditors or upon production of the certificates granted by the directors or three of them, in manner above-expressed, or upon production of a particle extracted furth of the said accounts concerning the several shares and debts, with the title in the person at whose instance diligence is raised, and that no suspension or stop upon such charges shall be granted except upon consignation, and in case of consignation the money consigned shall be restored to the party having interest, without deduction of consignation money. And her majesty, in respect of the foresaid intimation, and that the commissioners of the equivalent do thereupon become bound in manner foresaid, hereby statutes, enacts and declares that upon issuing the proclamation of council above set down the said African and Indian Company shall cease and be dissolved and the said company, being thereby dissolved, her majesty, with advice and consent foresaid, hereby simply discharges the proprietors subscribers of the said books of the company, their heirs and all others whom it may concern, of all action, instance and execution on account of the sums subscribed for and not paid in together with the contracts, bonds or obligations whereby the said subscribers were bound to the company, with all acts of the directors calling for any payments of the subscription money not paid, and all diligence that has followed or may follow thereupon. And also forasmuch as the foresaid capital stock and interest and debts are appointed to be refunded in full satisfaction of all the company or any particular proprietor can pretend on account of the foresaid company stock management or interest thereof, therefore her majesty, with advice and consent foresaid, statutes and declares that the dead stock, whole debts and effects, actions and execution belonging to the said company in general, or to the proprietors in any way concerning the said company, shall belong to her majesty and her royal successors in the same manner as the same did belong to the said company and to the said proprietors and which are appointed to be brought in and made effectual by the said commissioners of the equivalent, and to be applied to the same ends and uses as the other sums mentioned in the said fifteenth article, with the burden, nevertheless, in the first place of £300 sterling hereby appointed to be paid out of the price of the house and pertinents lying in Edinburgh and other effects belonging to the said company to the said directors for their pains and attendance and to enable them to give rewards to servants and bestow other incident charges in making up and perfecting the said accounts, and which sum of £300 sterling is to be divided by the said directors as they shall see just, and such like with the burden in the next place of such sums as this parliament has appointed by deliverance or order to be paid out of the whole dead stock to gentlemen officers and others who went to Darien or their friends for their faithful services, and the debts due to James Montgomery, William Arbuckle, James Wetherspoon and William Thomson, extending to £258 4s 8d sterling. And the said directors, or at least three of them, are hereby strictly required to give in full and complete inventories of all debts and effects belonging to the company in general to the said commissioners of the equivalent at their first meeting, with certification that in case of failure letters of horning shall be directed at the instance of the said commissioners against the said directors for that effect, for doing whereof the said commissioners are hereby authorised.
[1706/10/464]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, considering that by the fifteenth article of union the public debts of this kingdom, as shall be adjusted by this present parliament, are appointed to be paid out of the equivalent of £398,085 10s, and out of the increase of the customs duties and excise above the present value which arise in Scotland during the time of seven years, together with the equivalent which shall become due upon the improvement thereof in Scotland after the said term, and also out of all other sums which, according to the agreement foresaid, may become payable to Scotland by way of equivalent for what that kingdom shall hereafter become liable towards payment of the debts of England. Therefore, her majesty, with advice and consent of the estates of parliament, declares, statutes and ordains that such debts only as are due to the civil list or army since 27 May 1689, or such other debts as shall be instructed to be public debts in manner after-mentioned since the time foresaid, shall be understood public debts of this kingdom payable out of the funds above-mentioned. And for the better settling the method and way of paying these public debts her majesty, with advice and consent foresaid, statutes, ordains and declares that after allowance of the sum for repairing the losses which private persons shall sustain by reducing the coin of this kingdom to the standard and value of the coin of England, and after allowance of the £232,884 5s 2/3d sterling which is found due for the capital stock, interest and debts of the Company Trading to Africa and the Indies, and after payment of £2,000 per annum for the space of seven years which, by the foresaid fifteenth article of union, is to be applied towards encouraging and promoting the manufacture of coarse wool within these shires which produce the wool, and after the allowance of the sum of [...] allowed for the charge of the commissioners, secretaries and accountants to the last two treaties of union, conforming to the votes and resolves of the estates of parliament of 31 January last bypast; then the surplus of the said £398,085 10s shall be equally divided, and the one half thereof applied to the payment of the public debts upon the civil list and the other half shall be applied to payment of the debts due to the army. And in case the surplus of the said sum of £398,085 10s, after the deductions above-written, shall not be sufficient to pay the said public debts due upon the civil list and to the army, then and in that case the increase of the customs duties, excise and other funds above-mentioned shall be equally divided and applied until payment of the said public debts and that in manner following, namely that the one half of the said surplus of the said sum of £398,085 10s and increase of customs duties, excise and other sums above-narrated shall be applied for payment of what is due to any who represented her majesty or the late King William and Queen Mary as their commissioner for their equipage and daily allowance, and in the next place to the payment of the fees, salaries and pensions of all who have served her majesty or the late King William and Queen Mary in any civil post, office or employment, and what is resting of the money given to the assemblies for defraying the yearly expenses of the church and what is due to her majesty's chaplains, and the rest of the said one half shall be applied to the payment of all accounts, pensions or other debts due upon the civil list since 27 May 1689, declaring that the first and readiest of the said remainder is to be applied for payment of what bygone allowances are due to the late bishops or their representatives and to the poor on her majesty's charity. And the other half of the said surplus and increase of customs duties, excise and other funds above-mentioned, which is ordained to be applied for paying of the debts of the army, shall be paid and applied in manner following. First, for payment of what sums any officer shall instruct he has disbursed for clothing of his regiment, troop or company; next, for paying to the several officers in any regiment, troop or company that have served since 27 May 1689 of their respective personal pay yet resting unpaid; next, for payment of all monies which any colonel or captain of independent troops or companies can instruct he disbursed and laid out for the subsistence of his regiment, troop or company; and lastly, for paying of clothing money due to the respective regiments, troops or companies, providing always that clothing money shall be only understood due where the several colonels and captains of independent troops or companies did truly furnish clothing, conforming to the several establishments. And because there are several public debts since May 1689 due by the nation which do neither fall under the civil or military list, therefore her majesty, with advice and consent foresaid, does hereby empower and require the commissioners of the equivalents, after payment of the debts above preferred, to take into their consideration all such claims and to pay such of them out of the foresaid funds as shall be instructed to be just debts of the nation. And it is hereby declared that every officer, his assignee or others deriving right from him shall have good title to claim his own particular share of the debt found due to the army, and to the effect that all persons having right and title to the debts, due either upon the civil list or to the army, may have ready access to obtain payment of their respective debts as they are ranked above, her majesty, with advice and consent foresaid, appoints the lords of her treasury between now and 1 May next to draw up an account of the said debts standing out due to the civil list and army to be given in to the commissioners to be appointed for disposing of the equivalent, and to give certificates subscribed by two of their number to each person having right to any of the said debts, either upon the civil list or to the army, containing the sum of the debt and the books out of which it is extracted. And it is hereby declared that diligence shall be granted upon the said certificate against the commissioners to be appointed by her majesty for disposing the equivalent materially as is allowed by law upon bills of exchange, providing always the said commissioners for the equivalent shall have sufficient cash in hand for payment of the said debts, for which diligence shall be done according to the several ranks above-mentioned. And it is hereby declared it shall not be rightful to the said commissioners to suspend any charge upon such certificate upon pretence of their not having cash in hand to answer under the pain of a fifth part more of their respective sums charged for without any modification if at discussing the suspension it shall be found they had sufficient cash in hand.
[1706/10/465]*[print] [email] [cite] [preceding] [following]
Act salvo jure cujuslibet read and, it being again read over, it was voted and approved and touched with the royal sceptre by her majesty's high commissioner in the usual manner.
Our sovereign lady, taking to consideration that there are several acts of ratifications and others passed and made in this session of parliament in favour of particular persons without calling or hearing of such as may be thereby concerned or prejudged; therefore, her majesty, with advice and consent of the estates of parliament, statutes and ordains that all such particular acts, and acts of ratification passed in manner foresaid, shall not prejudice any third party of their lawful rights nor of their actions and defences competent thereupon before the making of the said particular acts and acts of ratification, and that the lords of session and all other judges of this kingdom shall be obliged to judge between parties according to their several rights standing in their persons before the making of the said acts, all which are hereby expounded and declared to have been made salvo jure cujuslibet. Excepting always from this act salvo, the gifts granted to the burghs of Dundee, Aberdeen and other burghs for the impositions therein-mentioned, according to the full extent thereof as passed in this present session of parliament.
[1706/10/466]*[print] [email] [cite] [preceding] [following]
Then his grace her majesty's high commissioner made the following speech.
My lords and gentlemen,
The public business of this session being now over it is full time to put an end to it.
I am persuaded that we and our posterity will reap the benefit of the union of the two kingdoms, and I doubt not that as this parliament has had the honour to conclude it, you will, in your several stations, recommend to the people of this nation a grateful sense of her majesty's goodness and great care for the welfare of her subjects in bringing this important affair to perfection, and that you will promote a universal desire in this kingdom to become one in hearts and affections as we are inseparably joined in interest with our neighbouring nation.
My lords and gentlemen,
I have a very deep sense of the assistance and respect I have met with from you in this session of parliament, and I shall omit no occasion of showing to the outmost of my power the grateful remembrance I have of it.
Then the lord chancellor, by order of her majesty's high commissioner, adjourned the parliament to meet at Edinburgh, 22 April next, and declared the same to be adjourned.
[1706/10/467]*[print] [email] [cite] [preceding] [following]
The queen's majesty declares this parliament current and adjourns the same to 22 April next to come, ordaining all members of parliament, noblemen, commissioners from shires and burghs, and all others having interest, to attend at Edinburgh that day at 10 o'clock, and that there be no new elections in shires or burghs, except upon the death of any of the present commissioners.