Article of the report of the commission relating to John Drummond and James Dunlop, late general receivers, read, and the petition for them also read, and they recommended to the lords of treasury for the ends contained in the deliverance of parliament upon their petition, as follows.

Recommendation to the treasury in favour of John Drummond and James Dunlop, late general receivers

Her majesty's high commissioner and the estates of parliament, having heard the petition of John Drummond and James Dunlop, late general receivers, humbly showing to them that where by the first report of the commission of parliament appointed for stating and examining of the public accounts, presented in the last session of parliament, there was found very considerable sums due to the petitioners by the government, as appears by the observations on the first, second and sixth accounts contained in the foresaid report. Whereupon, the petitioners presented to the same session of parliament a petition craving payment of the balance due to them, which was then read and remitted to the foresaid commission to consider the petitioners' case and determine therein, as the minutes of 23 August 1704 bear. In compliance with which remit the foresaid commission, upon 5 September the foresaid year of 1704, did give power and commission to the petitioners to collect and bring in the articles of rests of excise and supply mentioned in the foresaid observations of the said commission upon the second, fourth and seventh accounts, and also to uplift the fractions of cess therein specified, with power to them to pursue those liable in payment, and to use all manner of diligence for the same, they always holding account to the commission for their intromissions, as their act at Edinburgh, the foresaid 5 September 1704 bears. Upon which act and commission, the petitioners made their report and account to the foresaid commission of parliament who, in their second report now presented to the parliament and in the fourteenth page thereof, do declare the sums intromitted with by the petitioners and uplifted since the last session of parliament and stated in an account produced with the said report, do extend to £1,600 Scots or thereby, which they have allowed the petitioners to retain. And still find that there is a very considerable balance owing to them by the government, as also that many of these very sums of dues of cess and excise having been assigned to the petitioners by the lords of treasury for their payment, they were recommended to them by the parliament, as the foresaid minutes of 23 August bear. And now seeing that the foresaid sums due to the petitioners are clearly stated and, in effect, very considerable so that they are in hazard to be utterly ruined and undone, and that it appears most reasonable that the recommendation and remit formerly granted by the parliament should be prosecuted according to the opinion and second report of the foresaid commission exhibited to the parliament, as said is, craving therefore, his grace and the high and honourable court of parliament to consider the matter and to grant to the petitioners full power and commission for to uplift from the collectors and tacksmen of the foresaid dues of excise and cess, whatever may be resting in their hands and, if need be, to use all diligence against them and their cautioners whereunto they are liable by law and to apply what they shall recover for their own payment, they being always liable to make account and reckoning to the foresaid commission of parliament for their said intromission and receipts, as the said petition bears. And having also heard the report of the said commission of parliament appointed for stating and examining the public accounts relative thereto, bearing that, by the minutes of parliament dated 25 August 1705, the account of what is resting to the public of the cess, excise, hearth-money, poll-money and tunnage since the year 1698 to the year 1701, had been read, and the first three articles had been remitted to the commission to inquire if those who were receivers at that time had received these balances, and that they could not find, by any enquiry they had made, that those who were receivers at that time had ever got up the dues of the supply and excise mentioned by them in their former report in those first three articles, but they had given warrant to John Drummond and James Dunlop to uplift the same and, accordingly, John Drummond and James Dunlop had written to the several shires and burghs given up to them as debtors, from most of which they never received any answer, and such as returned answer did represent that those who were commissioners of supply or collectors at the time when the debt was due, were either dead, altered or bankrupt and that, after three years, the shires were not obliged to produce discharges conforming to act of parliament. The commission had been very tender in allowing the said John Drummond and James Dunlop to quarter upon the shires and burghs deficient, that having been remitted principally to the lords of the treasury, but they represented to his grace and the parliament that though by law heritors in shires and burghs are not obliged to produce discharges after three years, nor can be quartered upon after that time, yet the collectors who received payment from the heritors are always liable, and the commission believed that this is the case of many shires and burghs of the kingdom, wherefore the honourable estates of parliament might be pleased to consider how these dues might be made effectual, since, according to the last report of the commission, these appear to be very considerable. As for the sums intromitted with by the said John Drummond and James Dunlop and uplifted since the last session of parliament, they were in an account produced with the said report and the commission had allowed them to retain the said sums, extending to £1,600 or thereby, in their hands, until such time as a very considerable balance owing them by the government be paid, many of these very sums of dues of cess and excise, having been assigned to them by the lords of treasury for their payment, and they recommended to the commission by the parliament's last minutes of 23 August, as the said report of the commission also fully bears. And her majesty's said commissioner and estates of parliament, having considered the said petition with the report of the commission above-written relative thereto, and that there are considerable sums due to the petitioner, they recommended and hereby recommend them to the lords of her majesty's treasury to grant to the said petitioners power and commission to prosecute the collectors and tacksmen of the foresaid dues of cess and excise, for whatever may be due in their hands and, if need be, to prosecute their cautioners and to apply what they shall so recover for their payment of what is owing to them, they always being liable to account and reckon to the said lords of treasury for their intromissions, reserving to all concerned their lawful defences as appropriate. Extract.

Article of the report of the commission relating to Captain John Slezer, read, and the petition for the said captain also read, and he recommended to the lords of treasury in the terms of the deliverance of parliament upon his petition, and that part of the petition craving a stay of personal execution ordained to be seen and answered by his creditors against the next sederunt.

Recommendation to the treasury in favour of Captain John Slezer

Her majesty's high commissioner and the estates of parliament, having heard the petition of Captain John Slezer, humbly showing to them that the petitioner's representation last session of parliament, having been remitted to the commission for enquiring into the public accounts, the petitioner's several pretensions have been stated and examined before the committee of the said commission and, when the report thereof comes to be made to his grace and the parliament, it will appear that there is due to the petitioner of personal clearance, from 1696 to 1700, the sum of £265 sterling. Item, of retention of clothing due to him from July 1698 to December 1700, the sum of £326 sterling, upon the faith of which the petitioner has twice clothed the artillery company. Item, there is due to him a balance of £166 sterling for fitting out the train of artillery, and it will likewise be found that, by a mistake between the establishment and the petitioner's commission, there has been 4s sterling per day stopped off his current pay, which stoppages extend to £337 sterling. The committee, having likewise examined the progress made by the petitioner in his Scotia Illustrata they find the same to be nearly finished and that he is £630 sterling out of pocket on this account, having relied on the faith of an act of parliament which was passed in his favour. All which does appear more particularly by the minutes of the foresaid committee. In the meantime, the petitioner's circumstances are so hard that if not speedily relieved he must sink under them and be utterly ruined and, therefore, craving his grace and the honourable estates of parliament to fall on some effectual method for relieving the petitioner from the foresaid public engagement he lies under, and since the tunnage which the petitioner had formerly some share in is exhausted or otherwise appropriated, that it might likewise please the honourable estates of parliament to appoint to him, out of the readiest of any other sure fund, what the commission of parliament has found due to him and, in the meantime, grant a stay of all execution against his person that he may be in condition to attend his charge and her majesty's service until the foresaid fund be made effectual to him, as the said petition, on the end whereof is written a copy of the after mentioned report of the commission, and another copy of an attested duplicate of the report of the committee for trade, fully bears. And having also heard the article of the report of the said commission of parliament appointed for examining and stating the public accounts relating to Captain John Slezer, petitioner, bearing that by the minutes of parliament dated 25 August 1704, it being remitted to the commission to consider the memorial given in by Mr Slezer, as to him they represented to the parliament that there is due to him for his arrears for clothing money and other engagements for the public, £1,090 sterling and, likewise, that upon the faith of an act of parliament he has been at no less charges than £630 sterling upon his book Scotia Illustrata, as will appear more particularly by the minutes of their committee dated the [...] day of [...], wherefore he depended upon the justice and clemency of the parliament to assist him as the great straits he is reduced to do require, as the said report of the commission also fully bears. And her majesty's high commissioner [and estates of parliament], having fully considered the said petition and being therewith well and ripely advised, they recommended and hereby recommend to the lords commissioners of her majesty's treasury to cause pay the petitioner such a sum toward the satisfaction of his expenses and arrears above-mentioned, and out of such funds of the public money as they find just, and ordained his creditors to answer as to the stay of execution demanded against the next sitting of parliament.

  1. NAS. PA2/39, f.85-86.
  2. NAS. PA2/39, f.86-87.