[A1706/10/45]*[print] [email] [cite] [preceding] [following]
To his grace James [Douglas], duke of Queensberry, her majesty's high commissioner, and to the right honourable estates of parliament,
The petition of Robert Preston of that ilk and partners, subtacksmen of the shires of Haddington, Berwick, Roxburgh, Selkirk and Peebles, and John Christie, writer in Edinburgh, and partners, subtacksmen of excise of the shires of Stirling, Banff, Elgin and Nairn.
Humbly shows,
That in March 1704 we did take from the principal tacksmen of the inland excise subtacks of the forementioned shires containing this clause, as all public tacks do: that in case of war, famine or pestilence the same was to become null.
Though we cannot complain of a famine of victual in the kingdom, yet since the taking and during the currency of our subtacks there is a great alteration of the subject of that excise, which has the same effect as famine would have upon that subject; and therefore in reason ought to have the same legal consequences, whereby our tacks, as other public tacks, would be turned into a collection, or otherwise we would be relieved by an abatement suitable to our damage.
The great alteration in the subject of the excise whereof we complain is the scarcity of money, the only instrument by which trade can circulate or the excise arise, and whereof the scarcity is so notorious as to need no proof. Nor are the causes less obvious, for, not to mention the great decay of trade, it is well known that after our tack the credit of the Bank of Scotland failed, which occasioned an entire cessation of the circulation of money or even so much as credit for a great while; and the condition of the country is such that there is not so much money in the hands of the brewers as would pay the duties of excise ordinarily arising within these shires, nor could the little which they have be recovered without military execution and distressing the poor in so cruel a manner as might have other dangerous consequences, and quartering now only serves to consume the subject out of which the excise uses to be paid.
And besides the scarcity of money, we further represent that the extraordinary quantities of wine and brandy imported upon apprehension of it being discharged the last session of parliament, and the prohibitions by the parliament of England, which ruined the border and sea coast trade, which is the bounds of our districts, and which has all occurred since the taking and during the currency of our tacks, has entirely ruined the consumption of malted liquors. For the same reasons it is that not only a great many of the brewers have given over brewing, but the bulk of the common people have fallen upon new inventions to supply the want of want, which utterly destroys the fund of the excise: as, for instance, the exchanging of a certain quantity of dry barley for a quantity of the same value of ale, or to brew by turns and drink gratis in one another's houses to shun payment of excise.
Besides the failing of the subject of the excise itself, we do presume most humbly to lay before your grace and honourable estates another reason why we ought in justice to be relieved, namely: by the nature of our tacks we are not only to have the protection of the government, but there are certain implied conditions which ought to be observed, without which the excise can never be collected. And particularly the commissioners of supply within the respective shires are bound by law and custom to convene at the head burgh of the several shires, and were particularly required by an act of council to convene upon the second and third Tuesdays of May 1704. And after designing of places where the excise offices should be kept, two of the said commissioners are appointed to attend thereat the first Tuesday of every month thereafter for receiving of entries from the brewers or surveyors and to determine all controversies between the tacksmen and brewers, with certification each of them to pay £100 on every occasion for each day's absence. And where these rules have not been observed, it's certain it was impossible we could so much as come to the possession of the subject of our tack, but so it is that most of the commissioners of supply in our several districts did refuse to meet, although they were duly required, not only by letters but by solemn instruments herewith given in, notwithstanding the act of council declares the publishing thereof sufficient without further certification, whereby it happened that the fundamental condition of the tack from where the obligation of payment arises failed, to our prejudice, seeing it was impossible for us to hold or possess the subject without concurrence of and protection from the government.
We might also further represent how hard it was for us to prosecute the nobility and gentry in these shires for their aforesaid neglect, especially seeing it is too plain they have proceeded in this matter because of the extraordinary scarcity of money and decay of trade and importation of foreign liquors, which obliged them to use caution with the poor people in these countries.
And lastly the decay of trade between the two kingdoms of Scotland and England, which has fallen out during the currency and since the commencing of our subtacks, has been a great impediment to the consumption of malted liquors upon the borders, in so much as the towns of Eyemouth, Duns, Coldstream, Kelso, Jedburgh, Selkirk, Hawick and Castleton scarcely pay two thirds of excise they were in use to pay the very year preceding our subtack, as is very well known to several members of this honourable parliament.
This being plainly and ingenuously the deplorable state of the country, and our case, and that by what is above-represented a famine of money is demonstrable, which being the only current specie in which we are obliged to pay our tack duty, we, with all submission, conceive ourselves to be in the terms of the clause of our tacks, declaring them null in case of war, famine etc. and so ought to be freed of the same, and only appointed to account for the subject as collectors, seeing we offer to expose our books upon oath, and (allowing our necessary charges) we are satisfied to communicate to the principal tacksmen all we have collected.
May it therefore please your grace and honourable estates of parliament to free and relieve your petitioners of our respective subtacks, and appoint us to account as collectors upon our making faithful account and payment of our intromissions, which will save us from being utterly ruined upon contingencies we could not foresee. Or, if your grace and honourable estates shall not have time to examine our circumstances, to recommend us to the lords of her majesty's treasury or any committee of parliament to take in the accounts of our intromissions and diligence, with power and recommendation to them to grant us abatements according to our losses, and, in the meantime, to stop all diligence against your petitioners for our deficiencies or such other part as your grace and honourable estates shall think fit.
And your petitioner shall ever pray.
Edinburgh, 19 March 1707
Her majesty's high commissioner and the estates of parliament, having heard this petition, they hereby recommend the case of the petitioners to the lords of her majesty's treasury, with power to them to determine therein as they shall find just.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament
[A1706/10/46]*[print] [email] [cite] [preceding] [following]
To his grace her majesty's high commissioner and the right honourable the estates of parliament,
The petition of John [Lindsay], earl of Crawford,
Humbly shows,
That by an act of the court of directors of the African Company, the deceased Major John Lindsay was provided to a yearly salary of £250 sterling, which after his death was certainly a debt upon the company. And I having right to all the effects belonging to the said deceased Major John Lindsay by assignation contained in his letter will and testament do, with all submission, judge this my interest secured with the rest of the debts of the said company.
May it therefore please your grace and the honourable estates of parliament to consider my well founded claim of the said £250 sterling, and to order relating thereto so as I may be effectually paid of the same.
Crawford
†Edinburgh, 19 March 1707
Her majesty's high commissioner and the estates of parliament, having heard this petition, they grant to the petitioner as much of the remainder excrescence of the company's dead stock over and above the £1,577 11s sterling already disposed of and distributed by former orders of the parliament and committee as will pay the petitioner the sum of £250 sterling named within.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament
[A1706/10/47]*[print] [email] [cite] [preceding] [following]
To his grace her majesty's high commissioner and the right honourable estates of parliament,
The petition of Margaret Bowden, widow of Captain John Baillie, son to the laird of Littlegill,
Humbly shows,
That my said deceased husband served as a lieutenant in Colonel Buchan's regiment both at home and abroad until the said regiment was broke in Flanders in 1697, and in the year 1699 went with the Rising Sun as a captain and overseer to the Darien settlement, and died in the place in February 1700; and being but lately married to me before he went from this place, he was provided by me and my friends with money and other effects, which I never got any return of, nor ever had anything by him. And likewise I had the misfortune to lose my brother James Bowden, and all his effects, which were considerable, in the said expedition.
May it therefore please your grace and the right honourable estates to consider my circumstantiate case and to grant me such allowance as your lordships shall think fit, for repairing in some measure the great loss I sustained through the aforesaid expedition. And your petitioner shall ever pray.
Edinburgh, 19 March 1707
Her majesty's high commissioner and the estates of parliament, having considered this bill, they grant to the petitioner what surplus and excrescence there shall be of the dead stock of the African and Indian Company over and above the £1,577 11s sterling already disposed of and distributed by former orders of parliament and committee, and the sum of £250 sterling ordered to be paid to [John Lindsay], earl of Crawford not exceeding £100 sterling.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament