soever, for or by reason of debt, unless there shall be fraud, or the design thereof, or willful or aparent breach of trust, missapplication or concealment first proved upon him.

28. In all cases, Criminal and Capital, no judgement or determination shall pass against any man in the Justiciary Court, without the consent and concurrence of a Jury, consisting of fifteen fit persons, to be nominat and chosen by the said Court, in the ordinary and usual manner, out of such a number as they shall think fit.

29. Upon trials of persons or causes, the Justiciary Court shall proceed to examine the witnesses upon oath, and after having heard the prisoner, the party accused or the party concerned, whether for or against the witnesses. The Judges shall afterwards give their opinions one by one, beginning at the youngest in years, and proceeding to the eldest, and shall conclude by majority of votes; but if the votes be equal, the President shall have a casting voice; and when judgement or sentence is to be given, the President shall pronunce it.

30. No man shall presume to sit in court, much less to act as a Judge, or be of the Jury in the case, and during the time that any cause wherein he is party, or any way interested or concerned, shall be under examination or trial.

31. The Justiciary Court shall keep a clerk or clerks, who shall be sworn to make true and faithful records of all the proceedings of that court.

32. No man shall presume to use any braving words, signs, or gesturs, in any place of Council or Judicatur, whilst the Council or Court is sitting, upon pain of such punishment as shall be inflicted by the Court.

33. All things relating to trade and navigation, and not comprehended in or understood by these ordinances, shall be determined by the most known and practised lawes and customs of merchants, and of the sea.

34. And lastly, Evry Judge or Member of the Justiciary Court, and evry one of the Jury shall take a solemn oath, duly to administer justice according to these rules, ordin

ances, and probation taken, to the best of their understanding.

Fort St Andrew, Aprill 24, 1699.

All the said Rules and Ordinances were read and aproven of, Article by Article, and afterwards past altogether. COLLIN CAMPBELL, J. P. P.

222

APPENDIX D.

LETTER, Mr JAMES SIMPSON FLEMING, F.R.S.E., TO 'THE SCOTSMAN.'

WILLIAM PATERSON AND THE DARIEN SCHEME.

EDINBURGH, 5th August 1880.

SIR,-In your interesting notice of the Calendars of State Papers in 'The Scotsman' of 31st July, you refer to William Paterson, the founder of the Bank of England, and to the recognition of his claims in connection with the ill-fated Darien scheme by the private Act of the first Parliament of George I., in 1714, which awarded him the sum of £18,241, 10s. 10d.; and you add, "but what, if anything, followed on this has hitherto evaded inquiry."

I was led some years ago partially to investigate this point, which has been raised repeatedly; and your article having renewed the interest in Paterson's history, I have now looked further into the papers to which I have access, and if you will allow me space I think I can set the matter at rest.

The claims of William Paterson were long subject of discussion, and so early as 6th October 1696 the Directors of the African Company awarded him £7500, and further resolved "to take into consideration what suitable gratifications they will appoint out of the subsequent profits of their trade, and proportionate the same to the success thereof.” Without receiving payment of the sum awarded, Paterson went to Holland and Hamburg on the Company's service.

The Treaty of Union followed, by which provision was made for the repayment of the capital stock of the African Company with interest, and the dissolution of that Company. By an Act of the Scottish Parliament passed 25th March 1707, the Directors were appointed to state the account of the debts and stock of the Company, so as in the whole not to exceed the gross sum of £232,884, 5s. Od., and this having been done in Paterson's absence, his claim was "left out and omitted." He then appealed to the first Parliament of Great Britain, and by an Act passed on 1st April 1708 it was declared that the omission of the Directors to state his claims should in no way prejudice them, and that they should be certified and satisfied as the sums should be proved before the Judges of the Court of Exchequer in Scotland, who were required to "make a full and fair representation thereof to His Majesty." In 1710 the Judges made a report of a somewhat indefinite character, and in 1713 Paterson again petitioned Parliament, and claimed £32,592, 15s. 10 d. The committee to whom the petition was referred resolved (6 that the petitioner hath been at great expense and pains, and sustained very considerable losses, in the service of the late African and Indian Company of Scotland, and ought to be reimbursed and have a recompence for the same"; and "that the sum of £18,241, 10s. 10 d. ought to be answered and made good to the petitioner." Thereupon followed the private Act, to which you refer, of 1st Geo. I. (1714), "for relieving William Paterson, Esq., out of the Equivalent money for what is due to him." The Commissioners of the Equivalent were thereby required to issue and pay to Paterson, his executors, administrators, or assigns, the said sum in debentures, for sums of not more than £500 nor less than £100 each, "for the more easy and convenient assignment and transferment thereof."

William Paterson was in pecuniary embarrassment pending the adjustment of his claims. Arrestments were used in the hands of the Commissioners of the Equivalent in 1707 and 1708, at the instance of Alexander Deans, son of the deceased Robert Deans, merchant in Edinburgh; and in 1716,

at the instance of Mrs Elizabeth Carstairs, relict and executrix of Mr William Carstairs, Principal of the College of Edinburgh, and one of the ministers of the city. On 7th July 1710, Paterson, described as of the parish of Saint Margaret's, Westminster, in the county of Middlesex, executed a deed of assignment of all his claims against the Commissioners of the Equivalent to James Campbell, of London, merchant, to secure £2000 money lent, with interest at the rate of 6 per cent. The arrestments were discharged in 1717, and Campbell's debt was satisfied, as will be seen immediately.

The Act having passed, Paterson, on 25th October 1715, granted a power of attorney to William Bowles, of the city of Edinburgh, His Majesty's Solicitor to the Court of Exchequer in North Britain, to receive the debentures directed to be issued from the Commissioners of the Equivalent in 181 debentures for £100 each, and in a debenture for £141, 10s. 10 d., and to grant a discharge therefor. Some delay arose at this stage in consequence of the assignment to James Campbell, already noticed; but on 23rd February 1715-16, Paterson, by letter to the Commissioners, desired them forthwith to issue £3000 of the debentures to Campbell or his order, in such sums as he shall direct, "for which debentures the said James Campbell is to be accountable to me." By an endorsement on this letter James Campbell requests the Commissioners to issue the debentures in his own name, and to "deliver the same to the Honble. John Campbell, Esq., Lord Provost of Edinburgh, for my account." Of the same date (23rd February 1715-16) James Campbell, by letter to the Commissioners, desires them, notwithstanding the intimation of the assignment by Paterson in his favour already noticed, to issue to Paterson or his attorney a part or sum not exceeding £12,000 of the debentures, "until matters are settled between us, which are now in an amicable way of accommodation."

The "differences" between Paterson and Campbell were shortly thereafter "composed by arbitrators "; and by letters dated 12th June 1716, Paterson directs the Commissioners