The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 25 April 2024
[M1705/6/27]1
[Petition read and remitted to the treasury; petitions granted]
Prayers said, rolls called.
Minutes of the last sederunt read.
Petition for John [Lindsay], earl of Crawford against Sir William Menzies [of Gladstains], craving the same execution against Sir William's cautioners as against the said Sir William, read. Answers to the said petition also read, and the parliament, having considered the petition, with the answers and the report of the commission for public accounts relating to the said petition, recommended to the lords of treasury to assign to the petitioner the said Sir William Menzies' tack and all execution that may be competent thereon.
Petition for Alexander Campbell of Finnab, craving that he may not be prejudiced of the £2,400 allowed him last session of parliament by any preference granted this session, and that he may have the same execution against the said Sir William and his cautioners as is craved in the former petition; and the same likewise remitted to the lords of treasury to assign to the petitioner Sir William Menzies' tack, with all action that may be competent thereon for the said £2,400.
Petition for [John Murray], duke of Atholl against the said Sir William Menzies read, craving to be relieved of several contracts for clothing to his late regiment wherein his grace stands engaged, and that the sums due by Sir William may be affected therewith; and the parliament having considered the said petition, the desire thereof granted after the payment of Alexander Campbell of Finnab and [John Lindsay], lord Crawford.
Petition for [William Kerr], marquis of Lothian read, craving relief from the parliament of the clothing money of his late independent troop and regiment of dragoons now commanded by him, and that Sir William Menzies' fund may be affected therewith; and the parliament having considered the same, the desire of the petition granted in so far as the said fund shall not be exhausted by the former preferences, and recommended to the lords of treasury to assign the said tack and all execution that may be competent thereon for the ends contained in the said petition.
[Preference of claimants; investigation into Sir William Menzies' tack of excise; process remitted to session]
Moved that the said preferences do not prejudice David Callander of the £600 allowed him the last session of parliament for his attendance upon the commission for public accounts, and the same agreed to.
Moved that Sir William Menzies [of Gladstains], his partners and their cautioners be discharged of their tack of excise and absolved upon payment of the £60,000 wherein he was determined last session of parliament at the terms of Martinmas [11 November] 1705 and Candlemas [2 February] 1706 by equal portions, under the penalty of £12,000 for each term's failure; and, after debate, it was put to the vote absolve in the terms aforesaid or not, and carried absolve.
Moved that he and his cautioners assign what is not collected of the £28,000 of outstanding debts resting to him by brewers and others arising from the subject of the said excise; and, after debate, it was put to the vote assign or not, and carried in the negative; and it being then moved that seeing they were not to assign, the brewers and others may be discharged, and being put to the vote discharge or not, it carried not.
Moved that Sir William Menzies' process against partners and their representatives may be remitted to the lords of session to be determined by them summarily without abiding the course of the roll, and the same agreed to.
[Order of business; petition granted; petition remitted to session]
Moved that the parliament take into consideration the report of the commission for public accounts in relation to [John Hamilton], lord Belhaven's tack of excise. Ordered that the same be under consideration the next sederunt to be appointed for private business.
Moved that for expediting of business, the lord chancellor appoint petitions to be read according to their order in the roll of private business, and the same agreed to.
Petition for Walter Lockhart of Kirkton moved, and a further stay of all execution against him for the sums contained in his petition granted.
Petition for [Frances Herbert], countess of Seaforth against [George MacKenzie], earl of Cromarty and Kenneth MacKenzie again read, and, after debate, the same remitted to the lords of session to be discussed by them summarily without abiding the course of the roll.
Ordered that the third sederunt next week be for private business.
[Overture read; petition read and delayed; process delayed; continuation]
Overture for an act in favour of a maiden hospital read and a first reading marked thereon.
Petition for Patrick [Kinnaird], lord Kinnaird again read, and the same delayed until the next sederunt for private business that the creditors may see and answer the said petition.
Moved that the process at Sir Walter Seaton's instance against Robert Malloch and others be now under consideration, and agreed that the same be considered the next sederunt for private business.
Then the lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until tomorrow at 10 o'clock.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament
- NAS. PA3/7, Printed Minutes No.27, 1-2 or NAS. PA6/36,129, f.1-1v.