[1704/7/143]¹

Act in favour of the five lords commissioners of the justiciary

Our sovereign lady and the estates of parliament, taking to their consideration that the five lords of justiciary are not provided by any special act to a salary for their service, nor to any certain fund for their payment, but hitherto have had only £1,200 Scots each per annum paid to them by precepts from the lords of treasury, upon the receivers, and their places being one of the most important of the nation concerning both the lives and fortunes of her majesty's lieges, therefore, the queen's majesty, with the advice and consent of the estates of parliament, does fix and hereby fixes the said salary to be £1,200 Scots yearly to each of the said five lords, making in total the sum of £6,000 Scots, and to the effect they may be the better secured therein, and out of a certain fund that they may not be exposed to the inconvenience of undue payment, does hereby destine and appoint that the same shall in all time coming be paid to them and their successors in that office out of her majesty's customs at two terms in the year Whitsunday [15 May] and Martinmas [11 November] by equal portions, beginning the first term's payment at Martinmas next as for the first half year, and so furth each term thereafter. And for that end, has dissolved and hereby dissolves so much of the said customs from the crown as does extend to £6,000 Scots yearly for the end foresaid only, and ordains the present receivers, collectors and all others, in time coming, to pay to them and each of them and their successors in office their said salary of £1,200 Scots yearly established upon them by the force of this act, and that preferable to all other payments and next to the £20,000 Scots formerly allocated upon the customs to the lords of session. And to the effect the same may be more effectually secured, does hereby extend this present act in their favour with the same powers, privileges and order of diligence by horning etc. against all receivers, collectors, tacksmen, intromitters and others mentioned and contained in the seventh act, second session of King Charles II's first parliament, as fully and amply as thereby given in favour of the said lords of session, as if every particular clause were here word for word expressed and which shall be held as here repeated, dispensing with the not doing of the same.