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298 CORRESPONDENCE OF JAMES [july
and to issue such orders that the said governor and other Ministers
may not again fall into the same error. This is our judgment.
Signed etc.
Pronounced on 26th June.
Presented to the Procurator Fiscal on 26th June.
The request to appeal was presented on 28th June.
An abbreviated resume of this is given in Hill Burton’s Darien
Papers, p. 109.
The two following memorials to King William should be read
along with Murray of Philiphaugh’s letter of 11th July 1700 at
pp. 556-558 of Carstares State Papers and Letters. Parliament in
May would not vote supplies until the question of Caledonia
was discussed. The King in consequence adjourned the sittings,
and the government had to consider ways and means.
MEMORIALL OF LA WES TOUCHING THE MILITIA
It is declared by the 5th act Pari. j66i, intituled act
asserting his Majesties royall prerogative in the militia
and in making peace and war, that the power of armes
and in making of peace and war or treaties and leagues
with fforraign princes and states doth properly reside in
the Kings Majestic and in his successors, and that yt was
and is their undoubted right and theirs alone to have the
power of raising in armes the subjects of this kingdom and
of the comanding, ordering, and disbanding or otherwayes
disposing thereof, and of all strengths, fforts, or garrisons
within the same, as they shall think fitt, the subjects
alwayes being free of the provisions and mentinance of
these fforts and armies, unless the same be concluded in
Parliament or Convention of Estates.
And by the 14th act of the same Parliament intituled
act for raising the annuity of 40,000 lib. star., the Estates of
Parliament make offer to his Majestic of the sum of 40,000
lib. star, yearly during all the dayes of his Maties lifetym
towards the entertainment of any such fforces as his
Majestic shall think fitt to raise and keep up within this
kingdom, or otherwayes towards the defraying of the
necessarie charge of his government according to his royall
pleasure. And this 40,000 lib. for the due and suteable

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