[1706/10/464]¹

Act concerning the public debts

Our sovereign lady, considering that by the fifteenth article of union the public debts of this kingdom, as shall be adjusted by this present parliament, are appointed to be paid out of the equivalent of £398,085 10s, and out of the increase of the customs duties and excise above the present value which arise in Scotland during the time of seven years, together with the equivalent which shall become due upon the improvement thereof in Scotland after the said term, and also out of all other sums which, according to the agreement foresaid, may become payable to Scotland by way of equivalent for what that kingdom shall hereafter become liable towards payment of the debts of England. Therefore, her majesty, with advice and consent of the estates of parliament, declares, statutes and ordains that such debts only as are due to the civil list or army since 27 May 1689, or such other debts as shall be instructed to be public debts in manner after-mentioned since the time foresaid, shall be understood public debts of this kingdom payable out of the funds above-mentioned. And for the better settling the method and way of paying these public debts her majesty, with advice and consent foresaid, statutes, ordains and declares that after allowance of the sum for repairing the losses which private persons shall sustain by reducing the coin of this kingdom to the standard and value of the coin of England, and after allowance of the £232,884 5s ²/3d sterling which is found due for the capital stock, interest and debts of the Company Trading to Africa and the Indies, and after payment of £2,000 per annum for the space of seven years which, by the foresaid fifteenth article of union, is to be applied towards encouraging and promoting the manufacture of coarse wool within these shires which produce the wool, and after the allowance of the sum of [...] allowed for the charge of the commissioners, secretaries and accountants to the last two treaties of union, conforming to the votes and resolves of the estates of parliament of 31 January last bypast; then the surplus of the said £398,085 10s shall be equally divided, and the one half thereof applied to the payment of the public debts upon the civil list and the other half shall be applied to payment of the debts due to the army. And in case the surplus of the said sum of £398,085 10s, after the deductions above-written, shall not be sufficient to pay the said public debts due upon the civil list and to the army, then and in that case the increase of the customs duties, excise and other funds above-mentioned shall be equally divided and applied until payment of the said public debts and that in manner following, namely that the one half of the said surplus of the said sum of £398,085 10s and increase of customs duties, excise and other sums above-narrated shall be applied for payment of what is due to any who represented her majesty or the late King William and Queen Mary as their commissioner for their equipage and daily allowance, and in the next place to the payment of the fees, salaries and pensions of all who have served her majesty or the late King William and Queen Mary in any civil post, office or employment, and what is resting of the money given to the assemblies for defraying the yearly expenses of the church and what is due to her majesty's chaplains, and the rest of the said one half shall be applied to the payment of all accounts, pensions or other debts due upon the civil list since 27 May 1689, declaring that the first and readiest of the said remainder is to be applied for payment of what bygone allowances are due to the late bishops or their representatives and to the poor on her majesty's charity. And the other half of the said surplus and increase of customs duties, excise and other funds above-mentioned, which is ordained to be applied for paying of the debts of the army, shall be paid and applied in manner following. First, for payment of what sums any officer shall instruct he has disbursed for clothing of his regiment, troop or company; next, for paying to the several officers in any regiment, troop or company that have served since 27 May 1689 of their respective personal pay yet resting unpaid; next, for payment of all monies which any colonel or captain of independent troops or companies can instruct he disbursed and laid out for the subsistence of his regiment, troop or company; and lastly, for paying of clothing money due to the respective regiments, troops or companies, providing always that clothing money shall be only understood due where the several colonels and captains of independent troops or companies did truly furnish clothing, conforming to the several establishments. And because there are several public debts since May 1689 due by the nation which do neither fall under the civil or military list, therefore her majesty, with advice and consent foresaid, does hereby empower and require the commissioners of the equivalents, after payment of the debts above preferred, to take into their consideration all such claims and to pay such of them out of the foresaid funds as shall be instructed to be just debts of the nation. And it is hereby declared that every officer, his assignee or others deriving right from him shall have good title to claim his own particular share of the debt found due to the army, and to the effect that all persons having right and title to the debts, due either upon the civil list or to the army, may have ready access to obtain payment of their respective debts as they are ranked above, her majesty, with advice and consent foresaid, appoints the lords of her treasury between now and 1 May next to draw up an account of the said debts standing out due to the civil list and army to be given in to the commissioners to be appointed for disposing of the equivalent, and to give certificates subscribed by two of their number to each person having right to any of the said debts, either upon the civil list or to the army, containing the sum of the debt and the books out of which it is extracted. And it is hereby declared that diligence shall be granted upon the said certificate against the commissioners to be appointed by her majesty for disposing the equivalent materially as is allowed by law upon bills of exchange, providing always the said commissioners for the equivalent shall have sufficient cash in hand for payment of the said debts, for which diligence shall be done according to the several ranks above-mentioned. And it is hereby declared it shall not be rightful to the said commissioners to suspend any charge upon such certificate upon pretence of their not having cash in hand to answer under the pain of a fifth part more of their respective sums charged for without any modification if at discussing the suspension it shall be found they had sufficient cash in hand.

[1706/10/465]²

Act salvo jure cujuslibet read and, it being again read over, it was voted and approved and touched with the royal sceptre by her majesty's high commissioner in the usual manner.

Act salvo jure cujuslibet

Our sovereign lady, taking to consideration that there are several acts of ratifications and others passed and made in this session of parliament in favour of particular persons without calling or hearing of such as may be thereby concerned or prejudged; therefore, her majesty, with advice and consent of the estates of parliament, statutes and ordains that all such particular acts, and acts of ratification passed in manner foresaid, shall not prejudice any third party of their lawful rights nor of their actions and defences competent thereupon before the making of the said particular acts and acts of ratification, and that the lords of session and all other judges of this kingdom shall be obliged to judge between parties according to their several rights standing in their persons before the making of the said acts, all which are hereby expounded and declared to have been made salvo jure cujuslibet. Excepting always from this act salvo, the gifts granted to the burghs of Dundee, Aberdeen and other burghs for the impositions therein-mentioned, according to the full extent thereof as passed in this present session of parliament.