The article of the report of the commission relating to Major James Cunningham of Aiket, read, and the petition for the said Major James Cunningham also read, and he preferred to a certain sum as contained in the deliverance of parliament upon his petition, which is as follows.

Act in favour of Major James Cunningham of Aiket

Her majesty's high commissioner and the estates of parliament, having heard the petition of Major James Cunningham of Aiket, humbly showing to them that where the petitioner having applied the last session of parliament for payment of arrears due to himself of personal pay and money advanced to his company and several officers therein, who were in a bad condition for want of their subsistence, and they, being in such circumstances as the petitioner thought discreditable to the service, they being then posted in that part of the highlands that had not then submitted to the government, the petitioner advanced to them out of his own private stock for their subsistence £270 sterling, and by a particular minute of parliament all officers who went to Caledonia were to be preferred to all other officers out of the funds for their arrears and company's subsistence, and having instructed his claim to the commission of parliament and by them recommended to his grace and honourable estates of parliament in their report; the petitioner is encouraged by the great compassion the parliament showed in not suffering Sir William Menzies [of Gladstains], who was indebted to the government to be ruined, so the petitioner hopes they will as little suffer a creditor to it to be ruined who, out of affection thereto, advanced it in the service of the government. Therefore, craving his grace and honourable estates of parliament that, seeing the petitioner is one that with the first went to Caledonia and being remitted to the commission of parliament with a preference to all other officers who went not there, to take his case so under consideration as that his affection to his country may not be the occasion of the ruin of his family, and to appoint a sure fund for payment of the said £270 instructed advanced by him to his said company, as said is, as the said petition bears. And her majesty's said commissioner and the estates of parliament, having also heard the report of the commission of parliament appointed for stating and examining the public accounts relating to the foresaid petition, bearing that by the minutes of parliament dated 23 August 1704 a petition for the said Major James Cunningham, with several other petitions from the officers of the army therein named, anent their arrears being remitted to the said commission, they were sorry that it did not lie in their power to take such a regard to these honourable officers' names1 as their services to their country did justly deserve, for there being no funds for their payment, the commission presumed to recommend them to his grace and their lordships that they might consider their circumstances and provide for their relief. Amongst these officers, the commission were in a special manner obliged to consider Major Cunningham of Aiket's case in regard the parliament, by their minutes of the same date, appointed the officers who went to Caledonia should have preference out of the respective funds in which they are concerned. Wherefore, seeing Major Cunningham served in [John Cunningham], earl of Glencairn's regiment as a captain at the revolution, and had a right to the poll-money of 1693 for payment of his arrears, therefore, the commission had already allowed him £140 12s sterling in part payment of what is owing him out of that proportion of the poll-money which they had allotted to the earl of Glencairn's regiment, and were of opinion, when all the money comes in, the major must be allowed full payment of his arrears according to the tenor of the parliament's remit in favour of those who went to Caledonia, as the said report also bears. And her majesty's commissioner and the said estates, having fully considered the said petition with the foresaid report of the commission of parliament thereto relating, and being therewith well and ripely advised, they preferred and hereby prefer the petitioner to the above £270 sterling out of what is remaining of the poll-money of 1693, in the collectors' and subcollectors' hands, and ordained and hereby ordain the collectors and subcollectors in whose hands the same is, to pay the same to him out of the first of the dividend of that poll belonging to the earl of Glencairn's regiment.

The article of the report of the commission anent Sir George Hamilton, late commissary of the army, read, and the petition for the said Sir George also read and he recommended to the lords of treasury as contained in the deliverance of parliament upon his petition, which is as follows.

Act and recommendation to the treasury in favour of Sir George Hamilton

Her majesty's high commissioner and the estates of parliament, having heard the report of the commission of parliament appointed for stating and examining the public accounts, bearing that by the minutes of parliament dated 23 August 1704, it being remitted to the commission to consider Sir George Hamilton's petition craving payment of bygone salaries due to him, the commission found that Sir George Hamilton was appointed commissary and general receiver by a commission under the great seal dated 5 January 1691, with a salary of £600 sterling per annum, which commission bears an express clause that Sir George should continue in the office until it should be recalled, which did not happen until the beginning of the year 1697, whereby he justly claims five years' salary, as the said report bears. And having also heard the petition of the said Sir George Hamilton of Tulliallan, humbly showing to them that upon the petitioner's application to their lordships last session of parliament, craving payment of the bygone salaries due to him as general receiver of the funds of supply and inland excise and paymaster general of the army for the years mentioned in his petition, he obtained a deliverance thereon remitting his case to be considered by the commission appointed for auditing the public accounts, with power to them to determine therein as they should find just, the petitioner did apply to their lordships and did exhibit before them his ground of claim. And after consideration had thereof by them, they found that he has a just claim for five years' salary at £600 sterling per annum, as the commissions report, page nine does bear. But the commission having no funds before them out of which they could appoint payment to the petitioner, he is necessitated again to apply to his grace and the estates of parliament and, therefore, humbly beseeching his grace and their lordships, not only to approve of the commissioners' report stating the petitioner creditor in the terms thereof, but also to appoint him payment of his said credit in the way and manner and out of such funds as his grace and their lordships should think proper, as the said petition also bears. And her majesty's high commissioner and the said estates of parliament, having fully considered the said report of the commission for auditing the public accounts with the foresaid petition, and being therewith well and ripely advised, they recommended and hereby recommend the petitioner to the lords of her majesty's treasury for payment of what is due to him for the cause above-written during the time of his service, to be instructed before the lords of treasury.

  1. 'claims' in APS.
  2. NAS. PA2/39, f.83-83v.