The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 28 March 2024
[1705/6/187]1
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 thesaury for the ends contained in the deliverance of parliament upon their petition, as follows.
Recommendation to the thesaury in favors of John Drummond and James Dunlop, late general receivers
Her majesties' high commissioner and the estates of parliament, haveing heard the petition of John Drummond and James Dunlop, late general receivers, humbly shewing unto them that where by the first report of the commission of parliament appointed for stating and examining of the publick 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 minuts [of] the twenty third of August, jM vijC and four bear. In compliance with which remit the foresaid commission, upon the fifth of September the foresaid year jM vijC and four, did give power and commission to the petitioners to collect and inbring 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 lyable in payment, and to use all manner of diligence for the same, they always holding count to the commission for their intromissions, as their act at Edinburgh, the foresaid fifth day of September, jM vijC and four years 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 intrometted 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 one thousand, six hundred pounds 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 rests of cess and excise having been assigned to the petitioners by the lords of thesaury for their payment, they were recommended to them by the parliament, as the foresaid minuts of the twenty third of 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 prosecute according to the opinion and second report of the foresaid commission exhibite to the parliament, as said is, craving therefore, his grace and the high and honourable court of parliament to consider the premisses and to grant to the petitioners full power and commission for to uplift from the collectors and tacksmen of the foresaid rests of excise and cess, whatever may be resting in their hands and, if need bees, to use all diligence against them and their cautioners whereunto they are lyable by law and to apply what they shall recover for their own payment, they being always lyable to make count and reckoning to the foresaid commission of parliament for their said intromission and recepts, as the said petition bears. And having also heard the report of the said commission of parliament appointed for stating and examining the publick accounts relative thereto, bearing that, by the minuts of parliament dated the twenty fifth of August jM vijC and five, the account of what is resting to [the] publick of the cess, excise, hearthmoney, polemoney and tunnage since the year jM vjC and ninety eight to the year jM vijC and one, had been read, and the first three articles had been remitted to the commission to inquire if these who were receivers at that time had received these ballances, and that they could not find, by any inquiry they had made, that these who were receivers at that time had ever got up the rests of the supply and excise mentioned by them in their former report in those first three articles, but they had given warrand 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 debitors, from most of which they never received any answer, and such as returned answer did represent that these 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 oblidged to produce discharges conform 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 thesaury, but they represented to his grace and the parliament that tho by law heretors in shires and burghs are not oblidged to produce discharges after three years, nor can be quartered upon after that time, yet the collectors who received payment from the heretors are alwayes lyable, 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 rests might be made effectual, since, according to the last report of the commission, these appear to be very considerable. As for the sums intrometted 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 one thousand and six hundred pounds or thereby, in their hands, untill such time as a very considerable ballance owing them by the government be paid, many of these very sums of rests of cess and excise, having been assigned to them by the lords of thesaury for their payment, and they recommended to the commission by the parliament's last minuts of the twenty third of August, as the said report of the commission also fully bears. And her majesties' said commissioner and estates of parliament, haveing considered the said petition with the report of the commission abovewritten relative thereto, and that there are considerable sums resting to the petitioner, they recommended and hereby recommend them to the lords of her majesties' thesaury to grant to the said petitioners power and commission to prosecute the collectors and tacksmen of the foresaid rests of cess and excise, for whatever may be resting in their hands and, if need beis, to prosecute their cautioners and to apply what they shall so recover for their payment of what is owing to them, they always being lyable to count and reckon to the said lords of thesaury for their intromissions, reserving to all concerned their lawful defences as accords. Extract.
[1705/6/188]2
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 thesaury in the terms of the deliverance of parliament upon his petition, and that part of the petition craving a sist of personal execution ordained to be seen and answered by his creditors against the next sederunt.
Recommendation to the thesaury in favors of Captain John Slezer
Her majesties' high commissioner and the estates of parliament, having heard the petition of Captain John Slezer, humbly shewing unto them that the petitioner's representation last session of parliament, having been remitted to the commission for enquiring into the publick 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 anno jM vjC and ninety six to anno jM vijC, the sum of two hundred and sixty five pounds sterling. Item, of retention of cloathing due to him from July, jM vjC and ninety eight to December, jM vijC, the sum of three hundred and twenty six pound sterling, upon the faith of which the petitioner hath twice cloathed the artillery company. Item, there is due to him a ballance of one hundred and sixty six pounds sterling for fitting out the train of artillery, [and] it will likeways be found that, by a mistake betwixt the establishment and the petitioner's commission, there hath been four shilling sterling per diem stopt off his current pay, which stoppages extend to three hundred and thirty seven pounds sterling. The committee, having likewayes examined the progress made by the petitioner in his Scotia Illustrata they find the same to be near finished and that he is six hundred and thirty pound sterling out of pocket on this account, having relyed on the faith of an act of parliament which was past in his favors. All which does appear more particularly by the minuts of the foresaid committee. In the mean time, 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 publick engagement he lyes under, and since the tunnage which the petitioner had formerly some share in is exhausted or otherways appropriate, that it might likeways please the honourable estates of parliament to appoint unto him, out of the readiest of any other sure fund, what the commission of parliament hath found due to him and, in the mean time, grant a sist of all execution against his person that he may be in condition to attend his charge and her majesties' service untill 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 double 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 publick accounts relating to Captain John Slezer, petitioner, bearing that by the minuts of parliament dated the twenty fifth of August, jM vijC and four, 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 cloathing money and other engagements for the publick, one thousand and ninety pounds sterling and, likeways, that upon the faith of an act of parliament he has been at no less charges than six hundred and thirty pounds sterling upon his book Scotia Illustrata, as will appear more particularly by the minuts 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 majesties' 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 majesties' thesaury to cause pay the petitioner such a sum toward the satisfaction of his expences and arrears above mentioned, and out of such funds of the publick money as they find just, and ordained his creditors to answer as to the sist of execution demanded against the next sitting of parliament.
- NAS. PA2/39, f.85-86.
- NAS. PA2/39, f.86-87.