[1704/7/139]¹

Procedure: remit to session

Remit to the session in favour of Colonel George MacGill

Anent the petition given in and presented to his grace her majesty's high commissioner and the right honourable the estates of parliament by Colonel George MacGill, brother to [Robert MacGill], viscount of Oxenfoord, colonel to her majesty's troop of horse grenadier guards, showing that there being £3,088 9s 4d sterling owed to the petitioner for 740 suits of entire mounting bought by him, partly by expending most of his private patrimony and partly by engaging his private credit to merchants, for the regiment of foot lately commanded by him, which, after disbanding of the regiment, was delivered by him (by the honourable treasury's commands) to the store masters, and thereafter given by their lordships to the standing troops, as will appear by their lordships' letter to his late majesty King William on record in the treasury books, and by the abstract thereof. And there being £1,146 14s 2d sterling still due to the officers of the petitioner's said regiment of foot, to which he has right for their livery-cloths furnished and paid by the petitioner, conforming to the account thereof which agrees with the treasury books, and upon which he partly expended the remainder of his private patrimony and partly engaged his private credit to the merchants, where his patrimony could not satisfy. And the petitioner also being under many legal distresses on his engagements to the merchants for the said entire mounting and livery-cloths, he therefore humbly addressed the honourable estates of parliament last session, in compassion to his suffering circumstances, to order his reimbursement of the said sums, with interest of what he paid and stood engaged for, after his disbursements and conforming to his engagements. And the honourable estates, by their deliverance and act of 15 September last, recommended the petitioner to her majesty and the said lords of treasury to have his circumstances considered with respect to the aforesaid that he might have such reimbursement and remuneration as her majesty and their lordships should think fit, the petitioner addressed the honourable treasury several times upon the said act and recommendation of parliament, but could neither be reimbursed nor remunerated. Moreover, there being a precept drawn by the honourable treasury on the tacksmen of the last poll for payment to him of £3,088 9s 4d sterling for arrears of pay, retention etc. formerly due, the petitioner had the misfortune, amongst many others, to be forced before he could get payment to allow to the said tacksmen the exorbitant defalcations: firstly, of twenty-five per cent of the total £3,088 9s 4d, thence £772 sterling, and secondly, of eight per cent more for £500 thereof, thence £40 sterling, in total £812, which the petitioner represented to the honourable commission of parliament appointed to state the public debts and can instantly instruct. Also, the petitioner has ventured for her majesty's service to pawn his credit for entire mounting and accoutrements to the troop of grenadier guards which he now commands and, there being about fourteen months' arrears due to the officers and clothing resting to the troop, by the want thereof and exhausting his private patrimony on the disbursements above for his foot regiments, he is utterly unable to satisfy that debt and there is a month and a half's subsistence and clearing due to the petitioner as colonel of the said troop from 15 May 1702, the date of his commission to command the same being an old standing corps, to 1 July thereafter, extending to £42, of which, after many applications, he has not recovered payment, albeit his inferior officers are fully paid for that time. And since the petitioner is informed that the said commission of parliament have found that there is a great balance of the public funds given by parliaments still resting by the tacksmen and managers thereof, and that the said troop the petitioner commands is on the present establishment and that, not only his private patrimony is entirely exhausted but his credit engaged formerly and of late on the public account which he shall never be able to satisfy, and that the petitioner lies under distresses for the same, of which he will never be capable to extricate himself unless his grace and the honourable estates of parliament be pleased to order his reimbursement and remuneration conforming to the foresaid act and remit of the last session of parliament and, therefore, craving his grace their lordships and honours to take what is above-represented to serious consideration and, both in compassion and justice to the petitioner's present circumstances, to order his payment of the above sums due to him for entire mounting and officers' livery-cloths of his said regiment of foot, either out of the first and readiest of the said great balance found resting of the former funds or any other effectual and ready fund his grace, their lordships and honours should appoint, and to ordain the petitioner to be reimbursed of the foresaid exorbitant defalcations forced from him by the tacksmen of the last poll, and to be paid of the clothing and accoutrements furnished by him to the said troop of grenadier guards and six weeks of subsistence and clearance due to the petitioner as colonel thereof, conforming to his commission out of the funds of the present establishment, or as his grace, their lordships and honours should appoint, that the petitioner may not (after his spending the most of his years both at home and abroad and expending his whole private patrimony in the service of the public) be exposed to be cast into prison for debt he owes on the public account, and that he may have liberty and bread, as the said petition bears. Which petition and desire thereof, being this day read in the presence of his grace her majesty's high commissioner and the said estates of parliament, and they having heard and considered that part of the said petition relating to Ferguslie and being therewith well and ripely advised, remitted and hereby remit to the lords of council and session to determine the same summarily without abiding the course of the roll. Extract.

It was likewise remitted to the commission to inquire into all abuses committed by any of the receivers or their servants and to report.