[1705/6/135]¹

Ratification in favour of Daniel Stewart, brother german to Sir William Stewart of Castlemilk

Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and confirms the commission and gift under her majesty's privy seal in favour of Daniel Stewart, brother german to Sir William Stewart of Castlemilk, whereof the tenor follows.

Anne, by the grace of God, queen of Great Britain, France and Ireland, defender of the faith, forasmuch as we, taking into our royal consideration the great advantages which does accrue to our ancient kingdom of Scotland by a free coinage therein, and that, by the twenty-fourth act of the second session of the first parliament of the late King James VII, our royal father, there was granted to his said late majesty and forever annexed to our imperial crown of our said kingdom, 12s Scots in place of each ounce of bullion formerly imposed by the eighth act of the first session of the second parliament of King Charles II, upon the several commodities therein-specified, for defraying the charges of a free coinage, paying the salaries of the mint and other uses therein-mentioned, which imposition and grant is by the collectors, tacksmen, cash-keepers or receivers and their deputes to be kept apart by itself from all other customs and revenues in a secure chest, whereof the general or master of the mint is to have one key and the cash-keeper and receiver another, and not to be opened without the general or master of the mint aforesaid being present and to be applied to the use of the said mint only. And we, graciously considering that the foresaid imposition was promiscuously mixed with others of our revenues by the collectors thereof, and that considerable sums thereof were ordered to be paid for other uses and ends than it was appointed for by the said act, therefore, and for preventing the like misapplication hereafter, we thought not only convenient but necessary to appoint a general receiver, collector and cash-keeper of the said imposition for receiving of the same from the tacksmen, farmers and collectors of the customs and others liable in payment thereof who should keep the said money in a secure chest and also a key of the said chest, conforming to the method prescribed by law. And we, understanding that the said office of receiver-general, collector and cash-keeper of the said imposition is now vacant in our hands and at our gift and disposition through the decease of our royal brother King William, and we being sufficiently informed of the fidelity, loyalty and good qualifications of Daniel Stewart, brother german to Sir William Stewart of Castlemilk, and his fitness for discharging the said trust, therefore, witness you our own proper motive and with advice and consent of our right trusty and right well beloved cousins and councillors James [Ogilvy], earl of Seafield, lord high chancellor of our said kingdom, James [Douglas], duke of Queensberry, principal secretary of state for our said kingdom, Archibald [Campbell], [late] duke of Argyll, Hugh [Campbell], earl of Loudoun, Alexander [Montgomery], lord Montgomery, Adam Cockburn of Ormiston, lord treasurer depute, and Mr Francis Montgomery of Giffen, lords commissioners of our treasury, comptroller and treasury of new augmentations of our said kingdom, and also with advice and consent of the remaining lords and other commissioners of our exchequer within the same, to have nominated and appointed, moreover we, by these words, make, nominate and appoint the said Daniel Stewart receiver-general, collector and cash-keeper of the said imposition during our pleasure only, giving, granting and conveying to the said Daniel Stewart, during the space foresaid, the said place and office of receiver-general, collector and cash-keeper of the said imposition, with the yearly fee and salary of £50 sterling money to be paid to him out of the first and readiest of the fund appointed for paying the fees and salaries of the officers of our said mint, together also with the whole fees, profits, benefits, casualties, and privileges belonging or that shall be known to appertain and belong thereto, with all other freedoms, easements, emoluments, accommodations and immunities proportionally which are allowed to the other officers of our said mint, as well not named as named, excepting always what is prohibited and innovated by the standing laws relative to the mint, together also with convenient and suitable lodgings within the said mint house for the said Daniel Stewart and his family, to be assigned to him by the general thereof. And we command the said yearly fee and salary of £50 sterling money to be punctually paid to the said Daniel Stewart out of the foresaid fund yearly, termly and quarterly as is paid to the other officers of our said mint, the first term's payment thereof beginning at the feast and term of Candlemas [2 February] next to come and so furth to continue yearly, termly, quarterly and continually thereafter during the space foresaid, with full power to the said Daniel Stewart, as receiver-general, collector and cash-keeper of the said imposition, and to such as he shall appoint for whom he shall be answerable, to receive, intromit with and uplift the said imposition from the several tacksmen, farmers and collectors of our customs over all our said kingdom, and from all others liable in payment thereof, who are also hereby required to make payment of the same to the said Daniel Stewart, not only what is due and payable at the term of Martinmas [11 November] next but also of what is resting unpaid, and not yet put in the said chest, conforming to the act of parliament of all years and terms bygone and in time coming, and to put the same duly in a secure chest and to keep the key thereof, which was formerly kept by the general of the mint or by the said Daniel Stewart or Mr William Spence, former collectors of the said imposition, and that during the whole space and time of this present commission. Also, requiring hereby the said Daniel Stewart to observe and obey all such orders, directions and instructions which shall be given to him from time to time conforming to the tenor of the said act of parliament as to² receiving, bringing in and uplaying of all sums arising from the said imposition, and to make just account and reckoning of all his intromissions therewith to the said lords commissioners of our treasury, lord high treasurer and treasurer depute for the time, being yearly, termly, quarterly and so often as he shall be thereto required. Commanding, likewise, the general of our said mint to receive and admit the said Daniel Stewart in the usual manner, and to assign to him and his family convenient lodgings within our said mint house. And lastly, we declare that we will ratify and confirm this present gift in the first session of our parliament to be held within our said kingdom. Given under our privy seal at our court at St James's, 31 December 1702 and of our reign the first year. By a signature in the hand of our supreme lady the queen written below and in the hands of the commissioners of the treasury and exchequer written below.

Written to the privy seal and registered 1 June 1703. Signed thus: William Alves, depute. Sealed at Edinburgh, 30 June 1703. Signed: Patrick Scott, in all and sundry the heads, points, articles and clauses thereof.

And her majesty, with consent foresaid, statutes and ordains the foresaid commission and gift to be, conforming to the tenor thereof, a good and sufficient right and title to the said Daniel Stewart for possessing and enjoying during the space therein-mentioned, the foresaid office of receiver-general, collector and cash-keeper of the above-written imposition, with the foresaid yearly fee and salary of £50 sterling, and all other fees, profits, casualties, freedoms, emoluments and immunities above-mentioned, together with the said lodgings in the mint house, as is above-expressed, dispensing hereby with all defects and imperfections of the said commission and gift and of this present ratification of the same. Extract.