The laws and acts made in the fifth session of the first Parliament of Our Most High and Dread Soveraign William, by the grace of God, King of Scotland, England, France and Ireland, defender of the faith holden and begun at Edinburgh, May 9. 1695 by John Marquess of Tweeddale ... with the special advice and consent of the estates of Parliament / collected and extracted from the registers and records of Parliament, by George, Viscount of Tarbat ... Laws, etc. Scotland. 1695 Approx. 207 KB of XML-encoded text transcribed from 39 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-11 (EEBO-TCP Phase 1). A58639 Wing S1269 ESTC R40608 19409740 ocm 19409740 108831 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A58639) Transcribed from: (Early English Books Online ; image set 108831) Images scanned from microfilm: (Early English books, 1641-1700 ; 1678:1) The laws and acts made in the fifth session of the first Parliament of Our Most High and Dread Soveraign William, by the grace of God, King of Scotland, England, France and Ireland, defender of the faith holden and begun at Edinburgh, May 9. 1695 by John Marquess of Tweeddale ... with the special advice and consent of the estates of Parliament / collected and extracted from the registers and records of Parliament, by George, Viscount of Tarbat ... Laws, etc. Scotland. Cromarty, George Mackenzie, Earl of, 1630-1714. Tweeddale, John Hay, Marquess of, 1626?-1697. [2], 67, [8] p. Printed by the heirs and successors of Andrew Anderson ..., Edinburgh : 1695. 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Scotland -- History -- 1689-1745. 2003-07 TCP Assigned for keying and markup 2003-08 SPi Global Keyed and coded from ProQuest page images 2003-09 John Latta Sampled and proofread 2003-09 John Latta Text and markup reviewed and edited 2003-10 pfs Batch review (QC) and XML conversion THE LAWS and ACTS Made in the FIFTH SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN WILLIAM , By the Grace of GOD , KING of SCOTLAND , ENGLAND , FRANCE and IRELAND , Defender of the Faith. Holden and Begun at EDINBVRGH , May 9. 1695. By JOHN Marquess of Tweeddale , Earl of Gifford , Viscount of Walden , Lord Hay of Yester , and Lord High Chancellor of this Kingdom . His Majesties High Commissioner for Holding the same , By Vertue of a COMMISSION under His Majesties Great Seal of this Kingdom . With the special Advice and Consent of the Estates of Parliament . Collected and Extracted from the Registers and Records of Parliament , by GEORGE Viscount of Tarbat , Lord M cLeod , and Castlehaven , &c. Clerk to His Majesties Councils , Exchequer , Registers and Rolls , &c. EDINBVRGH , Printed by the Heirs and Successors of Andrew Anderson , Printer to His most Excellent Majesty , Anno DOMINI 1695. CVM PRIVILEGIO . LAWS and ACTS Made in the FIFTH SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN WILLIAM , By the Grace of GOD , KING of SCOTLAND , ENGLAND , FRANCE , and IRELAND , Defender of the Faith. Holden at EDINBVRGH the 9 Day of May , 1695. I. ACT For a Solemn Fast. May 16. 1695. THE ESTATES OF PARLIAMENT , taking to their Consideration , the great Important War , wherein His MAJESTY continueth to be necessarly Engaged , for Defence of the True Reformed Religion , the Safety of this , and His other Kingdoms , and the Recovery and Establishment of the Rights , Liberties and Peace of the rest of Christendom , so much at this time Invaded and Disturbed , with the continual Hazards , to which His Majesties Sacred Person is thereby exposed ; As likewise the Dangers which do thence threaten this Kingdom , and all that can be dear to his Majesties good Subjects therein , either as Christians , or Men , both by Invasion from abroad , and the froward Disaffection , and restless Machinations of evil and unnatural Countrey-men at home ; And how much it is the Duty and Interest of all good Men , for these Causes , and on this Occasion , to implore the Mercy , Favour and Blessing of Almighty GOD , for Preservation of His Majesties Royal Person , and Directing , Assisting and Prospering Him in all His Counsels and Undertakings : And more especially , that GOD would countenance and assist Him in the present War , give Him Success to His Arms by Sea and Land , and defeat all the Designs , Counsels and Practices of His secret and open Enemies , both at home and abroad , for the Preservation of the True Protestant Religion , securing the Safety of these Kingdoms , and the happy restoring the Peace of Europe . And the Synod of Lothian and Tweeddale , now met at Edinburgh , having made Application to my Lord Commissioner for this end : Therefore His Majesty , with Advice and Consent of the said Estates of Parliament , doth hereby Command and Appoint , that the second Thursday of Iune next , being the thirteenth day of the said Moneth , be set apart as a day of Solemn Fasting and Humiliation , for making Prayers and Supplications to GOD , for the Ends above-mentioned ; and that the said day be Religiously and Strictly Observed by all Persons within this Kingdom : And Ordains all Ministers to read these presents publickly in their Congregations a Sunday at least before the said second Thursday of Iune next , appointed for keeping the said Fast ; Certifying such of the Leidges who shal not give due Obedience , or shal Contemn or Neglect the Keeping and Observing the said Day and Duties , that they shal be proceeded against by Fyning , not exceeding One hundred Pounds Scots Money , And Warrands and Commands the Sheriffs , Stewarts of Stewartries , Lords and Baillies of Regalities , and their Deputs , Justices of Peace , Magistrats of Burghs within their several Jurisdictions , to proceed against the Persons guilty , and exact the Fines accordingly , to be applyed , the one half to the Judge , and the other half to the Poor of the Paroch ; And certifying such Ministers as shal fail in their Duty , in not Reading this Proclamation , and observing the Duties therein prescribed , they shal be processed before the Lords of His Majesties Privy Council . And hereby requires all Sheriffs , Stewarts , Lords and Baillies of Regalities , and their Deputs Justices of Peace , Magistrats of Burghs , and their Clerks , to make Report to the Lords of His Majesties Privy Council , of these Ministers who shal fail of their Duty herein . And Ordains these Presents to be Printed , and Published at the Mercat Cross of Edinburgh , and hail remanent Mercat Orosses of the Head Burghs of the several Shires , and Stewartries within this Kingdom , that none may pretend Ignorance : And that Copies be dispatched in the usual manner , to the Sheriffs and Stewarts , Baillies of Regalities , or their Deputs , and Magistrats of Burghs ; as likewise to all Ministers , that they may seriously exhort all Persons to a sincere and devout Observance of the Premisses . II. ACT Regulating Citations before the Parliament . May 28 , 1695. HIS MAJESTY , with the Advice and Consent of the Estates of Parliament , finding it necessary that the order of summonding privat Parties to appear before them be cleared and regulat , Do therefore STATUTE and ORDAIN , that the manner of summonding privat Parties , in Actions raised either before , or during the sitting of the Parliament , shal be for hereafter , and from the Day and Date hereof in this manner , viz. That in prosecution of Protests for remeid of Law , the Party at whose instance Summonds is to be granted , may give in his Bill , containing the matter of his Cause or Complaint , Signed by himself , or an Advocat for him , which being subscribed by one of the six Clerks of Parliament , and presented before the sitting of the Parliament , to any of the Officers of State , or the time of the sitting of the Parliament , to the Lord Chancellor , or President of the Parliament for the time , or any of the said Officers of State , the same may be by them past in Course , and that as to all other Causes that may be brought before the Parliament , Summonds and Warrands for Citation shal for hereafter only be granted by deliverance either of Parliament in time of Parliament , or of the Lords of Session upon a summar Citation , to abide neither Continuation or Roll , in praesentia , in the Recesses and Intervalls of Parliament , upon a Bill containing Subscribed and Presented as above , and no otherwise : which Warrands for Citation being granted , Summonds in his Majesties Name shal be thereon directed , to Macers , if the Party cited be within the Town of Edinburgh , for summonding the said Party , if within the said Town of Edinburgh , on fourty eight hours , and if elsewhere within the Kingdom , ( excepting Orkney and Zetland ) upon fifteen days warning , or if in Orkney or Zetland , upon fourty days personally , or at his dwelling House ; or if without the Kingdom , upon sixty days warning , at the Mercat Cross of Edinburgh and Peer and Shoar of Leith , to compear before His Majesty , and the said Estates of Parliament , where and when the Parliament shal be appointed to meet , or shal be met for the time , with continuation of days , and with certification . And also , for summonding of Witnesses , as is usual before the Lords of Council and Session , which Summonds to be expede by deliverance , as said is , shal pass under the Signet of the Session ; and the Party at whose instance the same is raised , shal pay to the Clerk of Parliament or Session aforesaid , for writing and subscribing of the Bill and Letters , the Sum of twelve Pound Scots and no more , on any pretence whatsoever , and for affixing the Signet the Sum of three Pounds Scots and no more : Declaring that if any Adjournment of Parliament one or more shal happen to interveen , betwixt the giving of Citations , in manner foresaid , and the day of Compearance , the foresaid Summonds shal nevertheless still stand in force , for obliging the Parties and Witnesses summoned to compear at the day to which the Parliament shal be adjourned , and when ever the same shal first meet . And furder , it is hereby declared , that at the said day of Compearance before the Parliament , being so met , or any other lawful day thereafter , it shal be leasome to the Clerks of Parliament , at the desire of the Party pursuer , to call the foresaid Summonds , after the opening of the House , and before the sitting down of the Parliament , at the patent Gate of the Parliament-house , and if the Party summoned compear , to mark the same , that the Summonds with the Executions , and the other Peices produced by the Pursuer may be given out to see and answer , to the effect the same may be seen and returned , within six days in the Common Form , and so the Cause or Complaint may be ready prepared for the Parliament , to proceed therein , when the same shal be again called in their presence : providing always , that no Decreets be given out in absence , but upon special Application to , and Sentence pronounced by the Parliament , and no otherwise . And excepting always from this Act , all Summonds of Treason , and for other publick Crimes , and Executions , and Processes thereupon , which are to proceed as formerly . And lastly , providing that the foresaid Citations to be made by deliverance of the Lords of Session , shal found no exception of Prejudiciality against any Party , in any Action , may be raised , until the foresaid Citation be called before , and sustained by the Parliament . III. ACT Adjourning the Summer-Session till the first of July 1695. May 30. 1695. OUR SOVERAIGN LORD Considering that the sitting of the Parliament , begun the ninth of May instant , may continue for the Month of Iune next , whereby the Leidges cannot attend the Summer Session in its ordinar time ; Do therefore ; with Advice and Consent of the Estates of Parliament , Adjourn the Session , ( which should be in course the first of June next ) to the first of Iuly next , continowing all Actions and Causes depending before the Lords of Session to the said first of July : And his Majesty dispenses in the mean time , with the sitting of all inferior Courts , as if the Session had not been adjourned , and notwithstanding of the sitting of the Parliament : And further Declares , that the time and space to run , betwixt the said first of Iune and the first of Iuly , shall not be reckoned in any short Prescription . And Ordains these Presents to be published at the Mercat-Cross of Edinburgh , and to be forthwith Printed , that the Leidges may be thereby certified thereof . IV. ACT Anent the Iustice Court. Iune 7 , 1695. OUR SOVERAIGN LORD , for the better Regulating of the Justice Court , and Facilitating and more sure Ordering of the Form and Method of Process therein used : Do therefore , with Advice and Consent of the Estates of Parliament , Statute and Ordain , that in all time coming , the Use and Custom hitherto observed in that Court of Advocats or Procurators their Dictating , and the Clerks writing of the Defences , Duplies , Triplies , Quadruplies and so forth for the Defender and Pursuer be discharged and laid aside , and that in place thereof , His Majesties Advocat or other Advocats or Procurators for the Pursuer , with the Advocats or Procurators for the Defender or Pannel debate the Relevancy viva voce , and that after the said Dispute viva voce is ended , then time be allowed by the Lords and Judges of the said Court , to the effect after-mentioned , and that the Kings Advocat , or Advocats , or Procurators for the Pursuer , do within the space of fourty eight hours , give in to the Clerk his Information in writing subscribed with his hand , that the Advocats or Procurators for the Pannel may take it up , and give in their Answers in writing also under their hands , within other fourty eight hours , which Information and Answers , shall be by the Clerk recorded in the Books of Adjournal , in place of the foresaid written Dispute formerly in use , and then at the Advising the said Information and Answers , shall be first read in open Court , and if any thing be found new on either side , and not noticed by the other Party , the Parties or Judges shall point the same to the other Party concerned , and hear both Parties thereon viva voce , the Clerk Minuting in presence of , and at sight of the said Judges what is so further Debated , and then the said Judges shal proceed to the Advising . And His Majesty with Advice and Consent foresaid , Ratifies , Approves , and Confirms the whole Rights , Powers and Priviledges of the said Court of Justice , and of the Lord Justice General , Lord Justice Clerk and other Judges , and all other Members thereof . And it is further hereby Statute and Ordained , that in all capital Crimes wherein inferior Criminal Courts were hitherto restricted , to try and execute within three Suns , this time shall be hereafter restricted to the Tryal and Sentence only , but not to the time of Execution , which is hereby left to the Discretion of the Judge , not exceeding nine days after Sentence . V. ACT Anent Principals and Cautioners . Iune 7. 1695. HIS MAJESTY and the Estates of Parliament , Considering the great Hurt and Prejudice , that hath befallen many Persons and Families , and oft times to their utter Ruine and Undoing , by mens Facility to engage as Cautioners for others , who afterwards failing , have left a growing Burden on their Cautioners without Relief : Therefore , and for Remeid thereof , His Majesty with Advice foresaid , Statutes and Ordains , that no man binding and engaging for hereafter , for and with another Conjunctly and Severally , in any Bond or Contracts for Sums of Money , shall be bound for the said Sums for longer than seven years after the date of the Bond , but that from and after the said seven years , the said Cautioner shall be eo ipso free of his Caution ; And that whoever is bound for another , either as Express Cautioner , or as Principal , or Co-principal , shall be understood to be a Cautioner , to have the benefit of this Act ; Providing , that he have either Clause of Relief in the Bond , or a Bond of Relief apart , intimat Personally to the Creditor at his receiving of the Bond , without prejudice always to the true Principals , being bound in the whole Contents of the Bond or Contract ; As also , of the said Cautioners being still bound , conform to the Terms of the Bond within the said seven years , as before the making of this Act ; As also providing that what Legal Diligence by Inhibition , Horning , Arrestment , Adjudication , or any other way , shall be done within the seven years by Creditors against their Cautioners , for what fell due in that time , shall stand good , and have its Course and Effect after the expyring of the seven years , as if this Act had not been made . VI. ACT Regulating the Sale and Payment of Bankrupts Estates . Iune 18 , 1695. HIS MAJESTY with Advice and Consent of the Estates of Parliament , for the further Clearing and Explaining of former Laws , anent the Sale of Bankrupts Estates , Statutes , Enacts , and Declares , that it shall be lawful to all Purchasers of Bankrupts Estates , after the space of one year , counting from the Decreet of Sale , and to such as have obtained Decreets of Sale , after the Term of Whitsunday one thousand six hundred and ninety six years , to consign the whole Price offered , with the Annualrent due at the time of the Consignation , or so much thereof , as remains in the hands of the Purchaser , over and above what is warrantably payed to Creditors preferred by the Lords of Session , in the hands of the Magistrats and Town Council of Edinburgh , and their Thesaurer for the time , who are hereby obliged and ordained to receive the same , upon their Receipt in the Terms after-mentioned : And for the greater benefit of the Creditors , are further allowed to keep in their hands the consigned Money , for the space of a year from the next Term of Candlesmass , Whitsunday , Lambmass , or Martinmass after the Consignation , upon payment of three per Cent of Annualrent , ay and while it be called for : And the said Magistrats , Town Council , and Thesaurer of Edinburgh for the time , shall be , and are hereby obliged to make forthcoming , the consigned Money in whole , or in part , with the Annualrent thereof , at three per Cent as said is , according as they shal be ordered by the saids Lords of Session , with Certification if they failzie , that they shall be charged with Horning for that effect , and shall be thereafter lyable , not only in the tenth part of the principal Sum , called for in name of Penalty ; But also in the ordinary Annualrent of the said principal , ay and while the compleat payment thereof . And because Purchasers of Lands affected with Liferents , have Retention of a share of the Price : It is hereby Declared , that the Purchaser shall be allowed to consign what remains in his hands , after the Decease of the Liferenter in manner foresaid ; he always , making due Intimation of the Consignation to the Creditors who got the rest of the Price . And His Majesty with Consent foresaid , Statutes , Enacts , and Declares , that the Purchaser paying the Price offered to the Creditors , according as they are or shall be Ranked and Preferred by the Lords of Session , or consigning the same in manner foresaid , shall be for ever exonered , and the Security given for the Price , shall be delivered up to be cancelled , and the Lands and others Purchased and Acquired , disburdened of all Debts or Deeds of the Bankrupt or his Predecessors , from whom he had Right , and that the Bankrupt , his Heirs , or appearand Heirs , or Creditors without Exception of Minority , not compeating or conceiving themselves to be prejudged , shall only have Access to pursue the Receivers of the Price and their Heirs , and reserving to the Minor Leased his Relief as accords : And further , His Majesty with Advice and Consent foresaid , doeth hereby Authorise the Lords of Session , to grant warrant for charging the Magistrats and Thesaurer of Edinburgh for the time , to make payment of the Sums consigned to the several Creditors according to their Preferences , upon the saids Creditors their several Applications to the Lords , and consigning in the Clerks hands , Dispositions and Conveyances in favours of the Purchasers , in so far as their several Rights may affect the Purchase ; As also , in case any Debate remain undetermined amongst the Creditors anent their Preferences , it shall be lawful to the saids Lords , upon Application of the saids Creditors , to grant warrand for uplifting and employing the Sums consigned , upon sufficient Security bearing Annualrent . VII . ACT For six Months Supply upon the Land-Rent . Iune 20. 1695. THe Estates of Parliament taking into their Consideration , the Dangers that still threaten this Kingdom , by reason of the Continuance of the present War , which visibly require the keeping up of the standing Forces , and the Supplies necessary for their Maintainance ; Do therefore humbly and cheerfully for themselves , and in name of this Kingdom whom they represent , make offer to His Majesty of a Supply of Four hundred thirty two thousand pound , extending to six Months Cess ; which new Supply , is to be raised and uplifted out of the Land-rent of this kingdom in the same manner , and conform to the Proportions of the Shires and Burghs contained in the sixth Act of the second Session of this Current Parliament , dated the seventh day of Iune 1690 , providing always that the Proportions of Burghs , be rated and payed as their Tax-roll now is , or that be settled by themselves ; and this Supply to be payed in two parts , either answering to three Months Cess , viz. Two hundred and sixteen thousand pounds as being the first half thereof , to be payed betwixt and the first day of August , in this present year One thousand six hundred and ninety five : and the other two hundred and sixteen thousand pound , as the other half thereof , betwixt and the first of February , One thousand six hundred ninety six years . And His Majesty considering , that this Supply is granted for such a necessary use , Doth with Advice and Consent of the Estates of Parliament , Declare , that no Person or Persons shall be Exempted from payment of their Proportions of this Supply for their Lands , upon any pretext whatsoever ( excepting Mortified Lands , and the Lands of New-milns , belonging to the WoolenManufactory there , for which Mortified Lands , and Lands of New-milns , Deduction is to be allowed in the Quota of the respective Shires ) notwithstanding of any former Law , Priviledge , or Act of Parliament in the contrary . And His Majesty with Advice and Consent foresaid , doth Nominat and Appoint the same Persons , who are named in the foresaid Act of Parliament , who are alive , and have qualified themselves according to Law , or shall qualifie themselves betwixt and the last Tuesday of Iuly next to come , and such others as have been since Nominat by the Privy Council , to be Commissioners for ordering and uplifting this Supply ; with the same power to them , to Choice their own Clerk , and to do every thing that may concern the said Supply , as is prescribed and appointed by the said Act , holding the same as repeated herein , and Ordains the same Execution to pass for In-bringing thereof , as is provided by that Act in all points . And Ordains the first Meeting of the said Commissioners for the Shires , to be at the Head Burghs thereof upon the third Tuesday of Iuly next , at ten of the Clock , for the Shires on this side of the River of Tay : And the last Tuesday of Iuly next , for the Shires benorth Tay. And requires the Sheriffs and Stewarts , or their Deputs , to intimat the same to the Commissioners of the respective Shires and Stewartries , with power to them to appoint their subsequent Dyets of Meeting and their Conveener from time to time : And also to appoint Collectors with sufficient Caution , as they shall think fit . And commits to His Majesties Privy Council , upon the Death or not Acceptance of any of the Commissioners of Supply , appointed by this Act , to Nominat and Appoint others in their places . And His Majesty with Advice and Consent foresaid , does Declare , that all Clauses contained in the former Acts of Parliament , and Convention of Estates , in relation to the inbringing of the Cess , and Quartering , and anent Ryding Mony , shall stand in full Force as to this Supply now imposed , in the same manner as if they were insert herein ; except in so far , as these Acts of Parliament or Convention , are Innovat or Altered by the foresaid sixth Act of the second Session of this Current Parliament . And it is hereby Declared , that no Persons lyable in payment of this Supply , shall be holden to produce their Discharges or Receipts of the same , after three years from the respective Terms of payment , unless Diligence be done by Denunciation before elapsing of the said three years . And because by the Supply hereby granted , the Land-rent and Burghs of this Kingdom are only burdened ; and it being just that the Personal Estates in Money , should bear some Proportion of the Burden : Therefore , His Majesty with Advice and Consent foresaid , Statutes and Ordains , that every Debitor owing Money within the Kingdom at six per Cent of Interest , shall in the payment of his Annualrents for one year , have Retention in his own hands of one of six of the said Annualrents , and this Retention to be for the whole year , viz. from Whitsunday One thousand six hundred and ninety five , to Whitsunday One thousand six hundred and ninety six years . And it is hereby Declared , that it shall be Usury for any Creditor , not to grant the said Retention . Follows the Quota of Supply , payable Monthly by the several Shires of the Kingdom . THe Sheriffdom of Edinburgh , the sum of three thousand one hundred and eighty three Pounds , eight shillings Scots money Monthly . The Sheriffdom of Haddington , the sum of two thousand seven hundred and eighty two Pounds , six shillings . The Sheriffdom of Berwick , the sum of two thousand eight hundred and thirteen Pounds , one shilling . The Sheriffdom of Roxburgh , the sum of three thousand six hundred and eighty six Pounds , seventeen shillings , six pennies . The Sheriffdom of Selkirk , the sum of nine hundred and four Pounds , nine shillings . The Sheriffdom of Peebles , the sum of one thousand and fourty two Pounds , eight shillings . The Sheriffdom of Lanerk , the sum of three thousand and ninety one Pounds , twelve shillings . The Sheriffdom of Dumfreis , the sum of two thousand seven hundred and twelve Pounds , seventeen shillings . The Sheriffdom of Wigton , the sum of one thousand and four Pounds , fifteen shillings . The Stewartry of Kirkcudbright , the sum of one thousand six hundred and seventy four Pounds , eleven shillings . The Sheriffdom of Air , the sum of three thousand eight hundred and seventy Pounds , five shillings . The Sheriffdom of Dumbarton , the sum of seven hundred and sixty four Pounds , ten shillings . The Sheriffdom of Bute , the sum of three hundred and eight Pounds , eight shillings , and eight pennies . The Sheriffdom of Renfrew , the sum of one thousand three hundred and fifty three Pounds , seven shillings . The Sheriffdom of Striviling , the sum of one thousand seven hundred and fifty four Pounds , four shillings , and six pennies . The Sheriffdom of Linlithgow , the sum of one thousand one hundred and sixty nine Pounds , eighteen shillings . The Sheriffdom of Perth , the sum of five thousand and thirty eight Pounds , fourteen shillings . The Sheriffdom of Kincardine , the sum of nine hundred and eighty four Pounds , one shilling . The Sheriffdom of Aberdeen , the sum of four thousand and seventy seven Pounds , nineteen shillings . The Sheriffdom of Inverness , the sum of one thousand two hundred and thirteen Pounds , one shilling , and six pennies . The Sheriffdom of Ross , the sum of one thousand one hundred and thirty one Pounds , six shillings . The Sheriffdom of Nairn , the sum of two hundred and seventy seven Pounds , sixteen shillings . The Sheriffdom of Cromarty , the sum of two hundred and fourteen Pounds . The Sheriffdom of Argyle , the sum of one thousand nine hundred and fourty seven Pounds , ten shillings , and nine pennies . The Sheriffdom of Fife and Kinross , the sum of five thousand one hundred and seventy two Pounds . The Sheriffdom of Forfar , the sum of three thousand two hundred and seventy three Pounds , fifteen shillings . The Sheriffdom of Bamff , the sum of one thousand one hundred and fifty Pounds , four shillings . The Sheriffdom of Sutherland , the sum of three hundred and thirty six Pounds . The Sheriffdom of Caithness the sum of five hundred & ninety nine Pounds , five shillings . The Sheriffdom of Elgin , the sum of one thousand and fifty nine Pounds , five shillings . The Sheriffdom of Orkney and Zetland , the sum of one thousand and eighty eight Pounds , ten shillings . And the Shiriffdom of Clackmannan , the sum of three hundred and fifty two Pounds , seven shillings and three pennies Scots money . Follows the Quota of Supply , payable Monthly by the several Burghs of the Kingdom . The City of Edinburgh , the sum of three thousand eight hundred and eighty Pounds Scots Monthly . The Burgh of Perth , the sum of three hundred and sixty Pounds . The Burgh of Dundee , the sum of five hundred and sixty Pounds . The City of Aberdeen , the sum of seven hundred and twenty six Pounds . The Burgh of Stirling , the sum of one hundred and seventy two Pounds . The Burgh of Linlithgow , the sum of one hundred and fifty six Pounds . The City of St. Andrews , the sum of seventy two Pounds . The City of Glasgow , the sum of one thousand and eight hundred Pounds . The Burgh of Air , the sum of one hundred and twenty eight Pounds . The Burgh of Haddington , the sum of one hundred and ninety two Pounds . The Burgh of Dysart , the sum of thirty Pounds . The Burgh of Kirkaldy , the sum of two hundred and eighty eight Pounds . The Burgh of Montrose , two hundred and fourty Pounds . The Burgh of Couper , one hundred and eight Pounds . The Burgh of Anstruther-Easter , eighteen Pounds . The Burgh of Dumfreis , the sum of two hundred and thirty Pounds . The Burgh of Inverness , the sum of one hundred and eighty Pounds . The Burgh of Burnt-Island , the sum of seventy two Pounds . The Burgh of Innerkeithing , the sum of thirty Pounds . The Burgh of Kinghorn , the sum of fourty two Pounds . The Burgh of Breichin , the sum of fifty four Pounds . The Burgh of Irwine , the sum of sixty Pounds . The Burgh of Jedburgh , the sum of one hundred and two Pounds . The Burgh of Kirkcudbright , the sum of thirty six Pounds . The Burgh of Wigton , the sum of thirty six Pounds . The Burgh of Dumfermling , the sum of ninety Pounds . The Burgh of Pittenweem , the sum of thirty Pounds . The Burgh of Selkirk , the sum of seventy two Pounds . The Burgh of Dumbarton , the sum of thirty Pounds . The Burgh of Renfrew , the sum of thirty six Pounds . The Burgh of Dumbar , the sum of sixty Pounds . The Burgh of Lanerk , the sum of sixty Pounds . The Burgh of Aberbrothock , the sum of fifty four Pounds . The Burgh of Elgin , the sum of one hundred and thirty eight Pounds . The Burgh of Peebles , the sum of sixty six Pounds . The Burgh of Crayl , the sum of thirty six Pounds . The Burgh of Tain , the sum of thirty Pounds . The Burgh of Culross , the sum of twenty four Pounds . The Burgh of Bamff , the sum of fourty two Pounds . The Burgh of Whythorn , the sum of eight Pounds . The Burgh of Forfar , the sum of twenty four Pounds . The Burgh of Rothsay , the sum of thirty Pounds The Burgh of Nairn , the sum of nine Pounds . The Burgh of Forres , the sum of twenty four Pounds . The Burgh of Rutherglen , the sum of twelve Pounds . The Burgh of North-Berwick , the sum of six Pounds . The Burgh of Anstruther-Wester , the sum of six Pounds . The Burgh of Cullen , the sum of eight Pounds . The Burgh of Lauder , the sum of thirty Pounds . The Burgh of Kintore , the sum of nine Pounds . The Burgh of Annand , the sum of twelve Pounds . The Burgh of Lochmabban , the sum of eighteen Pounds . The Burgh of Sanquhar , the sum of six Pounds . The Burgh of New Galloway , the sum of six Pounds . The Burgh of Kilrenny , the sum of eight Pounds . The Burgh of Fortrose , the sum of eighteen Pounds . The Burgh of Dingwal , the sum of eight Pounds . The Burgh of Dornoch , the sum of eighteen Pounds . The Burgh of Queens-ferry , the sum of fifty four pounds . The Burgh of Inveraray , the sum of twenty four Pounds . The Burgh of Inverury , the sum of twelve Pounds . The Burgh of Week , the sum of twenty pounds . The Burgh of Kirkwal , the sum of seventy two Pounds . The Burgh of Inverbervy , the sum of six Pounds . The Burgh of Stranraer , the sum of twelve Pounds . Mr. John Buchan Agent for the Burrows to make up the Quota for the Burrows One thousand two hundred Pounds Scots . Follows the Commissioners of Supply , Ordered by the Parliament to be given in by the Noblemen and Commissioners from the several Shires ; in place of those dead , or not Qualified , since the Year 1690. For the Shire of Edinburgh . THE Lord Ross , Sir John Gibson , Dalmenie , Sir Robert Dickson of Sornebeg , Sir George Hamilton of Barnton , Carlops , Rickarton-Craig , James Murray of Poltoun , Mr. James Dalrymple of Killoch , Baillie Alexander Calderwood in Dalkeith , Sir James Stewart His Majesties Advocat , Sir William Baird of Newbyth , Baillie John Nairn in Dalkeith . For the Shire of Haddingtoun . The Earl of Roxburgh , Lord Alexander Hay , Mr. Alexander Hume of Crichne● , William Purvis younger of Ewfoord , James Moor of Bourhouses , John Hay of Athirstoun , John Hay of East-hope , James Rew of Chesters , Mr. Hugh Dalrymple of North-Berwick , Sir John Clerk of Pennycook , James Hume of Gamilshiels , David Maitland of Soutrac , William Skirvine of Plewlandhill , Thomas Hamilton of Olive-slob , Hoptouns Chamberlain , Patrick Cockburn of Clerkingtoun younger , Wauchope of Stotincleugh , James M cmorlan of the Earl of Haddingtouns Chamberlain . For the Shire of Roxburgh . The Earl of Roxburgh , the Laird of Riddel younger , the Laird of Mangertoun , the Laird of Boon-jedburgh , the Laird of Timpenden , John Scot of Weems , William Turnbull of Langraw , Walter Cairncross of Hilslop , James Lithgow of Drygrains younger , Robert Davidson of Hownam , Andrew Young of Oxnam-side , Robert Davidson of Marchcleugh , Mr. Archibald Douglas brother to Cavers , Gideon Eliot of Northsymptoun , William Scot of Burnhead . For the shire of Selkirk . The Earl of Roxburgh , Francis Scot of Balzielie , William Eliot of Borthwick-brae , George Curror of Hartwood-burn , William Ogilvy of Hartwood-myres , the Laird of Gala younger , the Eldest Baillie of Selkirk for the time , Mr. John Murray Sheriff Deput of Selkirk . For the shire of Peebles . Adam Murray of Cardon , Alexander Monteith of Chappel-hill , Alexander Veitch younger of Glen , William Burnet of Barns , John Law of Netherurd . For the shire of Lanerk . The Earl of Wigtoun , the Earl of Selkirk , James Master of Carmichael the Laird of Lee , Sir William Hamilton of Whitelaw , one of the Senators of the Colledge of Justice , Sir William Stewart of Castle-milk , John Baillie of Welstoun , John Somervel of Gladstones , Allan Lockart younger of Cleghorn , Gawin Hamilton of Raploch , the Laird of Blackwood younger , the Laird of Ferm younger , the Laird of Shiel-hill , William Somervel of Corehouse , Mr. Archibald Hamilton of Dalserff , the Laird of Munkland , the Laird of Boigs , John Hamilton of Udstoun , James Anderson of Stobcorss , the Laird of Cultness younger , John Wardrop of Drummarnock , the Laird of Mauldsly , the Laird of Braidisholm . For the Shire of Wigtoun . James Earl of Galloway , William Stewart younger of Castle-●ewart , Patrick M cdowal of Culgrot , John Dalrymple Son to the Master of Stairs . For the Shire of Air. The Earl of Lowdoun , the Lord Kennedy , the Lord Bargeny , Mr. William Cochran of Kilmaronock , the Laird of Langshaw younger , the Laird of Dunlap , the Laird of Ralstoun , Sir Archibald Muir of Thorntown , James Crawfurd of Newark , Thomas Boyd of Pitcoun , the Laird of Crawfurdland younger , Mr. Alexander Crawfurd of Fergusnil , John Crawfurd younger thereof , James Cochran of Mayns-hill , Neivin of Munkriding , William Cunninghame of Ashinyards , John Dalrymple Son to the Master of Stairs , Sir Iohn Cochran of Ochiltrie , Iohn Cochran of Waterside , Faucher of Gilmils-croft , William Baillie of Munktoun , Iames Campbel of Iurebank , the Lairds of Logan elder and younger , Hugh Crawfurd of Drumdow , Hugh Dowglass of Garallan , Adam Aird of Catharin , Iames M cAdam of Waterhead , the Laird of Dunduff , Kennedy younger of Drumellan , Iames Riddoch of Midtown Baillie of Cumnock , Mr. William Crawfurd of Dalragills , David Boswal of Brae-head , David Kennedy of Kirkmichael , Mr. Iohn Schaw of Drumgrains , Hugh Kennedy of Bennan . For the Shire of Renfrew . Porterfield of Duchil , Iames Hamilton of Aikenhead , Gawin Ralstoun of that Ilk , Ludovick Houstoun of Iohnstoun younger , Hall of Fulbarr Maxwells of Southbarr elder and younger . For the Shire of Stirling . The Lord Forrester , the Lord Cardross , the Laird of Bedlormie , Iohn Ross of Nuick , Archibald Buntin of Balglass , George Buchannan of Ballachrum , Thomas Buchannan of Roquhan , Iohn Buchanan of Cralgyvairn , Walter Buchannan of Balfunning , Iohn M cLauchlan of Auchintroig , Duncan Buchannan of Harperstoun , Iohn Forrest of Pardiven , David Forrester of Denovane , Iohn Cuthil of Stonniewood , Iames Rankin of Balhumilzear , Thomas Crawfurd of Manuel-miln , Iohn Campbel younger of Douan , Robert Forrest of Bankhead , Mr. Iohn Areskin present Governour of the Castle of Stirling , Robert Hay of Candy , Archbald Naper of Bankell . For the Shire of Linlithgow . The Earl of Annandale , the Lord Cardross , Lord Iohn Hamilton , Lieutenant Collonel Iohn Areskin , Iohn Dalrymple Son to the Master of Stairs , Iames Dowglass of Pompherstoun , David Dundass of Philipstoun , Patrick Dickson of Westbinnie , Iames Hamilton of Badderston , Iames Carmichael of Pottieshaw , the Laird of Duntarvie , the Laird of Barbachlay , the Laird of Wrae , the Laird of Duddingstoun younger , Patrick Dundass of Breastmiln . For the Shire of Kincardine . John Arbuthnet of Fordown , George Allardice of that Ilk , Mr. James Keith of Auchorsk Sheriff-deput of Kincardine , William Forbes younger of Moniemusk , Alexander Ross of Tullisnaucht , David Melvil of Pitgarvie , William Strauchan of Strath . For the Shire of Aberdeen . Mr. Patrick Ogilvie of Cairnbulg , William Frazer of Broadland , the Laird of Innercald , Mr. James Scougal , Mr. Robert Forbes of Birsmore , the eldest Baillie of Frazersburgh for the time being , the Laird of Mouny , John Forbes of Tulliegrig , Alexander Leslie of Little-Wartle , Mr. Alexander Frazer of Powis , John Forbes of Innerdraen , Alexander Keith of Kidshill , William Hay of Earnhill . For the Shire of Inverness . James Grant of Gallowie , Patrick Grant of Rothiemurchus , Robert Grant of Garthinmore , Patrick Grant of Raick , James Grant of Tulloch , William Grant of Dalliechappel . For the Shire of Cromartie . Hugh Rose of Kilravock , John Urquhart of Craighouse , Alexander Mackenzie of Bellon , AEneas Mackleod of Catboll , Mr. Roderick Mackenzie in Tarrel , Kenneth Mackenzie of Culbo , Adam Gordon of Dalfollic , Roderick Mackenzie of Navitie . For the Shire of Argile . James Campbel younger of Ardkinglass , Patrick Campbel of Duntroon , Colin Campbel Chamberlain to the Earl of Argile , Dougal Campbel younger of Kilberrick , Neil Macneil Fiar of Teynish , Robert Campbel Fiar of Carrick , Archibald Campbel of Clunes Baillie of Yla , Ronald Campbel of Laggan-Lochan , George Campbel of Dall , Archibald Campbel of Shindarlin , Donald Campbel of Glencaradel , John Campbel Baillie of Jura , Archibald Campbel of Craigage , Angus Campbel younger of Skipnedge . For the Shire of Fife . The Lord Yester , the Master of Yester , the Laird of Lundie , Sir Alexander Bruce of Broomhall , Mr. Alexander Anstruther of Newark , the Laird of Durie , Mr. John Prestoun of Drumraw , Thomas Beaton of Tarvit , the Laird of Murdocairnie , Macgill younger of Rankeillor , the Laird of Kirkness , the Laird of Dowhill , Mr. Robert Beaton of Craigfoodie younger , the Laird of Bannochy younger , the Laird of Dinboig , Mr. David Scrimzeour of Kirkmore , John Dempster younger of Pitliver , Weems of Bogie younger , the Laird of Bandone , John Melvil of Carskirdo , the Laird of Balcanquel younger , Mr. John Mitchel of Balbairdie , Lundie of Baldastard , George Moncreiff of Sauchope , John Hay of Naughtoun younger , Walter Boswell of Balbertoun , Alexander Swinton of Strathore , James Maxwel of Achibank , James Clelland of Piddennis . For the Shire of Forfar . The Laird of Loggie younger , the Laird of Strickathro , the Laird of Smiddiehill younger , the Laird of Rossie younger , Mr. James Lyel of Balhall . For the Stewartry of Kirkcudbright . James Earl of Galloway , Lord Bazile Hamilton , Patrick Horron of Kirrachtrie , John Mackie of Palgown , Alexander Mackie younger of Palgown , Mackulloch of Bareholm , William Muir Tutor of Cassincarrie , William Gordon of Schirmoirs , Robert Gordon of Garerie , James Gordon of Largmoir , Robert Gordon of Airds , William Maxwel younger of Newlands , Robert Macklellan of Barmagaleim , Charles Macklellan of Collin , Andrew Corsan of Balmagan , Grier of Dalscerth . For the Shire of Sutherland . George Monro of Culrain , AEneas Mackleod of Catboll , David Ross of Innerchasly , and David Sutherland younger of Kinnald . For the Shire of Caithness . Alexander Sinclair of Braibster , Mr. John Campbel Commissar of Caithness , James Murray of Clairdon , Mr. William Caldell of Galshfield , Daniel Budge of Tostingall , William Sutherland of Geese , John Sinclair of Forss , Donald Williamson of Banaskirk , Patrick Murray of Pennyland , George Sinclair of Barroch , David Sinclair of Freswick . For the Shire of Elgin . Ludovick Dumbar of Grainge , Joseph Brody of Milntown , the Laird of Innes younger , Alexander Brody of Duncairn , Robert Cumming of Relugus . For the Shire of Ross. The Laird of Gairloch , John Mackenzie of Cowle younger , Colin Mackenzie Uncle to the Laird of Gairloch , Mr. Simon Mackenzie of Allans , George Monro of Lamelair younger , Colin Robertson of Kindeis , Lauchlan Mackenzie of Assin younger , David Monro Tutor of Fyress , Robert Monro of Auchnagart , Hector Monro of Daan younger , AEneas Macleod of Catboll , William Ross of Easterfearn , Mr. Charles Mackenzie of Loggy , Mr. Alexander Mackenzie of Dachmaluick younger , Mr. Alexander Ross of Pitkearie , Abraham Lesly of Findrossie , Mr. George Mackenzie of Bellamuckie , Roderick Macleod of Cambuscutrie , Ronnald Bayn of Knockbayn , John Bayn younger of Tulloch , Mr. Colin Mackenzie of Muir , Alexander Forrester of Cullinald younger . VIII . ACT For a Company Tradeing to Affrica and the Indies . June 26. 1695. OUR SOVERAIGN LORD Taking into His Consideration , That by an Act past in this present Parliament , Intituled Act for encouraging of Forraign Trade ; His Majesty for the Improvement thereof , Did with Advice and Consent of the Estates of Parliament , Statute and Declare , That Merchants more or fewer may Contract and enter into such societies and Companies , for carrying on of Trade , as to any subject of Goods or Merchandise to whatsomever Kingdoms , Countries , or parts of the World , not being in War with His Majesty , where Trade is in use to be , or may be followed , and particularly , beside the Kingdoms and Countreys of Europe , to the East and West - Indies , the Streights , and to Trade in the Mediterranian , or upon the Coast of Affrica , or in the Northern parts , or elsewhere as above : Which Societies and Companies being Contracted and entered into , upon the terms and in the usual manner , as such Companies are Set up , and in use in other parts consistant always with the Laws of this Kingdom : His Majesty with Consent foresaid , did Allow and Approve , giving and granting to them and each of them all Powers , Rights and Priviledges , as to their persons ; Rules and Orders , That by the Laws are given to Companies allowed to be Erected for Manufactories ; And His Majesty for their greater encouragement , did promise to give to these Companies , and each of them his Letters patent under the great Seal , Confirming to them the whole foresaid Powers and Priviledges , with what other encouragement His Majesty should judge needful , as the foresaid Act of Parliament at more length bears . And His Majesty understanding that several persons as well Forraigners as Natives of this Kingdom , are willing to Engage themselves with great Sums of Money in an American , Affrican , and Indian Trade to be exercised in and from this Kingdom ; if inabled and incouraged thereunto by the Concessions , powers and priviledges needful and usual in such Cases . Therefore , and in pursuance of the foresaid Act of Parliament , His Majesty with Advice and Consent of the saids Estates of Parliament , Doth hereby make and constitute Iohn Lord Belhaven , Adam Cockburn of Ormistoun , Lord Justice Clerk , Mr. Francis Montgomery of Giffen , Sir Iohn Maxwell of Pollock , Sir Robert Chiesly present Provest of Edinburgh , Iohn Swintoun of that Ilk , George Clark late Baillie of Edinburgh , Mr. Robert Blakewood , and Iames Balfour Merchants in Edinburgh , and Iohn Corss Merchant in Glasgow , William Paterson Esquire , Iames Fowlis , David Nairn Esquires , Thomas Deans Esquire , Iames Cheisly , Iohn Smith . Thomas Coutes , Hugh Frazer , Ioseph Cohaine , Daves Ovedo , and Walter Stuart Merchants in London , with such others as shal joyn with them within the space of twelve Moneths after the first day of August next , and all others , whom the foresaid Persons and these joyned with them , or major part of them being assembled , shal admit and joyn into their Joint-Stock and Trade , who shal all be Repute , as if herein originally insert to be one Body Incorporate , and a free Incorporation , with perpetual Succession , by the Name of The Company of Scotland Trading to Affrica , and the Indies : Providing always , Likeas , it is hereby in the first place provided , that of the Fond or Capital Stock that shall be agreed to , be Advanced and Imployed by the foresaid Undertakers , and their Co-partners ; the half at least shal be appointed and allotted for Scottish men within this Kingdom , who shal enter and subscribe to the said Company , before the first day of August , one Thousand Six Hundred and Ninety Six Years : And if it shall happen , that Scots Men living within this Kingdom , shal not betwixt and the foresaid Term , subscribe for , and make up the equal half of the said Fond or Capital Stock , Then and in that case allannerly , It shall be , and is hereby allowed to Scots Men residing Abroad , or to Forraigners , to come in , Subscribe , and be assumed for the Superplus of the said half , and no otherwise : Likeas , the Quota of every mans part of the said Stock whereupon he shal be capable to enter into the said Company , whether he be Native or Forraigner , shall be for the least one Hundred lib. Sterl . And for the highest , or greatest three Thousand lib. Sterl . and no more directly nor indirectly in any sort : with power to the said Company to have a common Seal , and to alter and renew the same at their pleasure , with advice always of the Lyon King at Arms ; as also to Plead and Sue , and be Sued ; and to Purchass , Acquire , Possess , and enjoy Lordships , Lands , Tenements , or other Estate real or personal of whatsoever nature or quality , and to dispose upon and alienate the same , or any part thereof at their pleasure , and that by Transferrs and Assignment , made and entered in their Books and Records without any other formality of Law , Providing always , that such Shares as are first Subscribed for , by Scots Men within this Kingdom shal not be alienable to any other than Scots Men living within this Kingdom ; That the foresaid Transfers and Convoyancies as to Lands and other real Estate ( when made of these only and a part ) be perfected according to the Laws of this Kingdom anent the convoyance of Lands and real Rights , with power likewayes to the foresaid company , by Subscriptions or otherways , as they shall think fit to raise a joint Stock or capital Fond of such a sum or sums of Money , and under and subject unto such Rules , Conditions and Qualifications , as by the foresaid Company , or major part of them when assembled shal be limited and appointed to begin , carry on and support their intended Trade of Navigation , and whatever may contribute to the advancement thereof . And it is hereby declared , that the said joint Stock or capital Fond , or any part thereof , or any estate , real or personal , Ships , Goods , or other Effects of and belonging to the said Company , shal not be lyable unto any manner of confiscation , Seisure , Forfaulture , Attachment , Arrest or Restraint , for and by reason of any Embargo , breach of Peace , Letters of mark or reprisal , Declaration of War with any forraign Prince , Potentate , or State , or upon any other account or pretence whatsomever ; but shal only be transferable , assignable , or alienable in such way and manner and in such parts and Portions , and under such restriction , rules and conditions , as the said Company shal by writing in and upon their Books , Records and Registers direct and appoint , and these Transfers and Assignments only , and no other shal convoy the right and Property , in and to the said joint Stock , and capital Fond and effects thereof above-mentioned , or any part of the samen , Excepting always as is above-excepted , and that the Creditors of any particular Member of the Company may by their real Diligence affect the share of the profit falling , and pertaining to the Debitor , without having any further Right or Power of the Debitors part and Interest in the Stock or capital Fond , otherwise than is above-appointed , and with this express provision , that whatever charges the Company may be put to , by the contending of any of their Members Deceased , or of their Assigney , Creditors or any other persons in their Rights : The Company shal have retention of their Charges and Expenses in the first place , and the Books , Records , and Registers of the said Company or authentick Abstracts , or Extracts out of the same are hereby Declared to be good and sufficient for evidents in all Courts of Judicator , and else where . And His Majesty with Advice foresaid , farder Statutes and Declares , that the said Iohn Lord Beilhaven , Adam Cockburn of Ormistoun , Lord Justice Clerk , Mr. Francis Montgomery of Giffen , Sir Iohn Maxwel of Pollock , Sir Robert Chiesly present Provost of Edinburgh , Iohn Swintoun of that Ilk , George Clark late Baillie of Edinburgh , Mr. Robert Blakewood , and Iames Balfour Merchants in Edinburgh , and Iohn Corss Merchant in Glasgow , William Paterson Esquire , Iames Fowlis , David Nairn Esquires , Thomas Deans Esquire , Iames Chiesly , Iohn Smith , Thomas Coutes , Hugh Frazer , Ioseph Cohaine , Daves Ovedo , and Walter Stuart Merchants in London , and others to be joyned with , or assumed by them in manner above-mentioned , and their Successors , or major part of them assembled in the said Company , shall and may in all time coming by the plurality of Votes agree , make , constitute , and ordain all such other Rules , Ordinances and Constitutions as may be needful for the better Government and Improvement of their joynt Stock , or capital Fond in all matters and things relateing thereunto : To which Rules , Ordinances , and Constitutions , all persons belonging to the said Company , as well Directors as Members thereof , Governours , or other Officers , Civil or Military , or others whatsoever shall be subject , and hereby concluded ; As also to administrat and take Oaths de fideli , and others requisit to the management of the foresaid Stock and Company . And the said Company is hereby impowered to Equipp , Fit , Set out , Fraught , and Navigat their own , or hired Ships , in such manner as they shall think fit , and that for the space of ten years from the date hereof , notwithstanding of the Act of Parliament one thousand six hundred and sixty one Years , Intituled Act for encouraging of Shipping and Navigation , where with His Majesty with Consent foresaid dispenses for the said time allanerly , in favours of the said Company , and that from any of the Ports or Places of this Kingdom , or from any other parts or places in Amity , or not in Hostility with His Majesty , in Warlike or other manner to any Lands , Islands , Countreys , or Places in Asia , Affrica , or America , and there to Plant Collonies , build Cities , Towns , or Forts , in or upon the places not Inhabited , or in , or upon any other place , by consent of the Natives and Inhabitants thereof , and not possest by any European Soveraign , Potentate , Prince , or State , and to provide and furnish the foresaid Places , Cities , Towns , or Forts with Magazines , Ordinances , Arms , Weapons , Ammunition , and stores of War , and by force of Arms to de end their Trade and Navigation , Collonies , Cities , Towns , Forts , and Plantations , and other their effects whatsoever ; as also to make Reprisals , and to seek and take Reparation of Damnage done by Sea , or by Land , and to make and conclude Treaties of Peace , and Commerce with the Soveraigns , Princes , Estates , Rulers , Governours , or Proprietors of the foresaid Lands , Islands , Countreys , or Places in Asia , Affrica , or America ; Providing always , Likeas , It is hereby specially provided , that all Ships imployed by them shall return to this Kingdom with their effects , under the pain of Confiscation , Forefaulture , and Seizure of the Ship and Goods , in case of breaking of Bulk before their Return , excepting the case of Necessity , for preserving the Ship , Company and Loadning allanerly . And His Majesty with Consent foresaid , doth farder Statute and Ordain , that none of the Leidges of this Kingdom shall , or may Trade or Navigat to any Lands , Islands , Countreys , or Places in Asia , or Affrica , in any time hereafter , or in America , for , and during the space of thirty one years , to be counted from the passing of this present Act , without License and Permission in writing from the said Company : Certifying all such as shall do in the contrair hereof , that they shall Forefault and Omit the third part of the Ship , or Ships , and of the Cargo , or Cargoes therein Imployed , or the Value thereof , the one hal to His Majesty as Escheat , and the other half to the Use and Benefit of the said Company : For the effectual Execution whereof , it shall be lawful to the said Company , or any Imployed by them , to Seize the saids Ships and Goods in any place of Asia , or Affrica , or at Sea upon the Coasts of Asia , or Affrica , upon the transgression foresaid , by force of Arms , and at their own hand , and that without the hazard of incurring any Crime , or Delinquency whatsomever on account of the said Seizure , or any thing necessarly done in Prosecution thereof , excepting always , and without prejudice to any of the Subjects of this Kingdom to Trade and Navigat , During the said space to any part of America , where the Collonies , Plantations , or Possessions of the said Company shall not be settled . And it is further hereby Enacted , that the said Company shal have the Free and Absolute Right and Property , onely Relieving and Holding of His Majesty , and His Successors in Soveraignity , for the onely acknowledgment of their Allegeance , and paying yearly a Hogshead of Tobacco , in name of Blench-duty , if required allanerly , in , and to all such Lands , Islands , Collonies , Cities , Towns , Forts , and Plantations , that they shall come to Establish , or Possess in manner foresaid ; As also , to all manner of Treasures , Wealth , Riches , Profits , Mines , Minerals , Fishings , with the whole Product and Benefit thereof , as well under as above the Ground , and as well in Rivers and Seas , as in the Lands thereto belonging , or from , or by reason of the same in any sort , together with the Right of Government and Admirality thereof ; and that the said Company may by vertue hereof grant and delegat such Rights , Properties , Powers , and Imunities and permit and allow such sort of Trade , Commerce , and Navigation into their Plantations , Collonies , Cities , Towns , or Places of their Possession , as the said Company from time to time shall judge fit and convenient : VVith power to them to impose and exact such Customs , and other Duties upon and from themselves , and others Treading with , and coming to the said Plantations , Cities , Towns , Places and Ports , and Harbours thereof , as the Company shal think needful for the maintainance and other publick uses of the same , Holding always , and to hold the whole Premisses of His Majesty , and his Successors Kings of Scotland , as Soveraigns thereof , and paying only for the same , their acknowledgement and allegeance , with a Hogshead of Tobacco yearly , in name of Blench Duty , if required , for all other Duty , Service , Claim or Demand whatsomever . With power and liberty to the said Company to Treat for , and to procure and purchase such Rights , Liberties , Priviledges , Exemptions and other Grants , as may be convenient for supporting , promoting , and enlarging their Trade and Navigation from any foreign potentate or Prince whatsoever , in amity with his Majesty ; for which the general Treaties of Peace and Commerce betwixt His Majesty and such Potentates , Princes , or States shal serve for sufficient Security , Warrand and Authority , and if contrair to the saids Rights , Liberties , Priviledges , Exemptions , Grants , or Agreements , any of the Ships , Goods , Merchandise , Persons , or other Effects whatsoever , belonging to the said Company , shal be slopt , detained , embazled , or away taken , or in any sort prejudged or damnified ; His Majesty promises to interpose his Authority , to have restitution , reparation and satisfaction made for the Dammage done , and that upon the publick Charge , which His Majesty shal cause depurse , and lay out for that Effect . And farder , it is hereby Statute , that all Ships , Vessels , Merchandise , Goods , and other Effects whatsoever belonging to the said Company , shal be free of all manner of Restraints , or Prohibitions , and of all Customs , Taxes , Cesses , Supplies , or other Duties Imposed , or to be Imposed by Act of Parliament , or otherwise , for and during the space of twenty one years , excepting alwise the whole Duties of Tobacco and Suggar , that are not of the Growth of the Plantations of the said Company . And farder , it is Enacted , that the said Company by Commission under their common Seal , or otherwise as they shal appoint , may make and constitute all and every their Directors , Governours , and Commanders in Chief , and other Officers Civil or Military by Sea , or by Land ; As likewise that the said Company may Inlist , Inroll , Agree and Retain all such persons Subjects of this Kingdom , or others whatsoever , as shal be willing and consent to enter in their Service or Pay , providing always that they Uplift or Levy none within the Kingdom to be Soldiers , without Leave or Warrand first obtained from His Majesty , or the Lords of His Privy Council , over which Directors , Governours , Commanders in Chief , or other Officers Civil or Military , and others whatsoever in their Service and Pay , the Company shal have the Power , Command and Disposition both by Sea and Land. And it is farder Statute , That no Officer Civil or Military , or other Person whatsoever within this Kingdom , shal Impress , Entertain , Stop or Detain any of the Members , Officers , Servants or others whatsoever , off , or belonging to the said Company , And in case the said Company , their Officers or Agents , shal find or understand any of their Members , Officers , Servants , or others aforesaid to beImpressed , Stopped or Detained , they are hereby Authorized and Allowed to take hold of , and Release the foresaid Person Impressed or Stopped in any part of this Kingdom , either by Land or Water ; and all Magistrats and others His Majesties Officers Civil and Military , and all others are hereby required in their respective Stations , to be Aiding and Assisting to the said Company , under the Pain of being lyable to all the Loss , Dammage , and Detriment of the said Company , by reason of the foresaid persons their neglect . And farder that the said Company , whole Members , Officers , Servants , or others belonging thereto , shal be free , both in their Persons , Estates , and Goods , Imployed in the said Stock and Trade , from all manner of Taxes , Cesses , Supplies , Excises , Quartering of Souldiers Transient or Local , or Levying of Souldiers , or other Impositions whatsoever , and that for and during the space of twenty one years . And lastly , all Persons Concerned or to be Concerned in this Company , are hereby Declared to be free Denizons of this Kingdom , and that they with all that shal Settle to Inhabit , or be Born in any of the foresaid Plantations , Collonies , Cities , Towns , Factories , and other Places that shal be Purchast and Possest by the said Company , shal be repute as Natives of this Kingdom , and have the Priviledges thereof . And generally , without Prejudice of the Specialities foresaid , His Majesty with Consent foresaid , Gives and Grants to the said Company , all Power , Rights and Priviledges , as to their Persons , Rules , Orders , Estates , Goods and Effects whatsoever , that by the Laws are given to Companies allowed to be Erected for Manufactories , or that are usually given in any other Civil Kingdom or Common-wealth , to any Company there Erected for Trade and Commerce . And for the better Establishment and greater Solemnity of this Act and Gift , in Favours of the said Company , His Majesty doth farder Ordain Letters Patent to be expede hereupon , containing the whole Premisses vnder the Great Seal of this Kingdom , for doing where of Per Saltum ▪ Thir Presents shal be sufficient Warrand both to the Director and Chancellor , or Keeper of the Great Seal , as use is in like Cases . IX . ACT Adjourning the Session till the First Day of November 1695. Iune 27. 1695. WHereas , by a former Act in this Session of Parliament , the sitting of the Session was Adjourned until the first day of Iuly next , which time being found yet too short , His Majesty , with Advice of the Estates of Parliament , continues the foresaid Adjournment until the first Day of November next to come , in the Terms , and with the Qualifications contained in the said first Act of Adjournment of the Session in all Points . X. ACT for Pole-Money . Iune 27. 1695. THe Estates of Parliament taking to their Consideration , that in regard of the great and eminent Dangers that threaten this Kingdom from forraign Enemies , and intestine Disaffection , and the Designs of Evil Men , and that our Coasts are not sufficiently Secured against Privateers ; and that therefore it is Necessar , that a compleat Number of Standing Forces be maintained , and Ships of War provided for its necessary Defence ; as also considering , that beside the Supplie upon the Land-Rent , other Fonds will be requisit for the foresaid End , do for one of these Fonds freely and chearfully offer to His Majesty an Subsidy to be uplifted by way of Pole-money , and for making of which Offer Effectual , His Majesty , with Advice and Consent of the Estates of Parliament foresaid , doth Statute and Ordain , That all Persons of whatsoever Age , Sex , or Quality , shal be subject and lyable to a Pole of Six Shilling , except Poor Persons who live upon Charity , and the Children under the Age of Sixteen years , and in familia of all these Persons whose Pole doth not exceed One Pound Ten Shilling Scots . That beside the said Six Shilling imposed upon all the Persons that are not excepted : A Cottar having a Trade shal pay Six Shilling more , making in the hail Twelve Shilling for every such Cottar . That for Each Servant shal be payed by the Master , for which the Master is impowred to retain the fourtieth Part of his yearly Fee , whereof Bountieth to be reckoned a part , ( excepting Livery Cloaths ) in the Number of which Servants are understood , all who receive Wages or Bountieth for any Work , or Imployment whatsoever , for the Term or the Year as they have , or shall serve , and in Case they be not Alimented in Familia with their Masters , then if they be not above the Degree of a Cottar or Hynd , they are to have two third Parts of Wages and Bountieth , or if above the said Degree one Third part of Wages and Bountieths , first deduced for their Aliment . That all Sea-men pay Twelve Shilling Scots in name of Pole. That all Tennents pay in name of Pole to the King , the hundreth part of the valued Rent , payable by them to the Master of the Land , and appoints the Master of the Ground to adjust the Proportions of this Pole amongst his Tennents , according to the respective Duties payable by them in Money or Victual , effeiring to his valued Rent . That all Merchants , whether Sea-men , Shop-keepers , Chapmen , Tradesmen and others , whose free Stock and Means ( not Including Workmens Tools , Houshold-plenishing , nor Stocks of Tennents upon the Farms and Possession ) is above five hundreth Merks , and doth not extend to five thousand Merks , shal be subject and lyable to two pound ten Shilling of Pole. And that all these ( not including as above ) whose free Stock and Means is above five thousand Merks , and does not extend to ten thousand Merks , shal be subject to four pound of Pole. That all Merchants , whether Sea-men , Shop-keepers , Chapmen , Trades-men and others ( not including as above ) whose free Estate and Stock extends to , or is above ten thousand Merks in Worth and Value , shall be lyable to ten pound of Pole. That all Gentlemen so holden and repute , and owning themselves to be such , and who will not renounce any pretence they have to be such , and which Renunciations shal be recorded in the Herauld . Register gratis , shal be subject and lyable to three pound of pole-money , if they be not otherways classed , and upon another Consideration be subject to a greater Pole. That all Heretors of twenty pounds , and below fifty pounds of valued Rent , be subject and lyable to twenty Shilling of Pole-money . That all Heretors of fifty pounds and below two hundred pounds of valued Rent , be subject and lyable to four pounds of Pole-money . That all Heretors of two hundred pounds , and under five hundred pounds of valued Rent , be lyable to nine pounds of Pole-money . That all Heretors of five hundred pounds or above the same , and under one thousand pounds of valued Rent , be subject and lyable to twelve pounds of pole-money , and that they pay half a Crown for each of their Male-Children living in familia . That all Heretors of one thousand pounds of valued Rent , and above the same , and all Knight Baronets and Knights , be subject and lyable to twenty four pounds of Pole-money , and that they pay for each of their Male-Children in familia three pounds . That all Lords pay fourty pounds of Pole-money . That all Viscounts pay fifty pounds of Pole-money . That all Earls pay sixty pounds of Pole-money . That all Marquesses pay eighty pounds of Pole. That all Dukes pay an hundred pounds of Pole. That the Sons of Noblemen pay according to their Ranks , viz. All Dukes eldest Sons as Marquesses , and their youngest Sons as Earls . All Marquesses eldest Sons as Earls , and their youngest Sons as Viscounts . All Earls eldest Sons as Viscounts , and their younger Sons shal be lyable in twenty four pounds of Pole. All Viscounts , and Lords Sons shal be lyable in twenty four pounds of Pole. That all Widows whose Husbands would have been lyable to one pound ten shilling of Pole or above , are to be subject and lyable to a Third-part of their Husbands Pole , except Heiresses , who shal be subject to the same Pole their Predecessors would have been . That all Nottars and Procurators before Interior Courts , and Messengers at Arms , are to be subject and lyable to four pounds of Pole-money . That all Writers not to the Signet , Agents and Clerks of Inferior Civil Courts , and Macers and Under-clerks of Session , shal pay six pounds of Pole-money . That all Advocats , Clerks of Soveraign Courts , Writers to the Signet , Sheriffs and their Deputs , Commissars and their Deputs , Doctors of Medicine , Appothecaries , Chyrurgeons , and others repute Doctors of Medicine , pay twelve pounds of Pole. That all Commissionat Officers of the Army upon Scots pay shal be lyable in two days Pay for their Pole. That all persons who are to pay the said respective Poles , tho they be Poled in different Capacities , are only to pay at the highest rate above-mentioned , and that always over and above the general Pole. And for the better Stating , Ordering and Uplifting of the said Pole , His Majesty with Advice foresaid , a Statutes and Ordains , that the Commissioners of Assessment or their Quorum , shall meet and conveen at the ordinar place of their Meeting , upon the second Tuesday of August , One thousand six hundred ninety five years ; or shall appoint such other Heretors as they shall think fit , and there shall divide the whole Commissioners , whether present or absent , or shall appoint such other Heretors as they shall think fit , into such Divisions as they shall think meet , appointing Paroches one or more for Commissioners one or more , as they shall see convenient , to meet the last Tuesday of the said Moneth of August , at the respective places to be appointed , impowering the saids Commissioners to take up Rolls and Lists of all the Poleable persons within the respective Bounds appointed to them , containing the Names , Qualities and Degrees of the several persons , and of the value of the Estates belonging to them , conform to the said Act. And ordains the Magistrats of Burrows Royal to meet the Third Tuesday of the said Month of August , and to take up Rolls and Lists of all the Poleable persons within the respective Burghs , containing their Names , Qualities and Degrees , and the value of their Estates ; And which Commissioners and Magistrats of Burghs are to give Intimation at the Kirk-door upon a Sunday , upon three days warning at least to the persons to be Poled , to compear before them at the Paroch-Church , and give up their Names , Qualities , Degrees , and Values of their Estates , to the effect the respective Poles may be stated and set down by the said Commissioner , or Commissioners of Assessment , or Magistrats of Burghs respective , and which Rolls the saids persons are to give up , or send under their hand , if they can write , otherwise if they cannot write , their Name , Quality , Degree , and Estate , shal be marked by the Clerk , as they give it up , excepting Tennents , whose Names , and the Pole-money payable by them , shall be given and sent by their Masters under their Hand , with Certification , that such as do not Compear , or send under their Hands their Names , Qualities , and value of their Estates , or do give up their Quality , Degree , or Value of their Estates , otherways than it should be , they shall be lyable in the Quadruple of their Pole , the equal half whereof shall belong to the Informer , who shall make the same appear . And which Lists and Rolls , being so made up within the respective Sub-divisions , shall be Recorded and Booked in a Register of the Shire , or Burgh for that purpose : whereof there shall be an Abstract sent to the Lords of the Thesaurie , betwixt and the first of October , one thousand six hundred ninety five years , containing the number of the persons in the several Classes and Ranks above specified , with the Extent of their Pole. And his Majesty , with Advice and Consent of the saids Estates of Parliament , Ordains the foresaid Pole-money to be payed at the Term of Martinmass , one thousand six hundred ninety five years , or within thirty days thereafter , at the respective Paroch kirks , where the persons concerned dwell , for which Discharges are to be given to the Payers gratis . And requires the Commissioners of Assessment , and Magistrats of Burghs , or the Farmers , in case the same shall be set in Farm , to cause Intimation to be made for the payment thereof , at the Kirk-Doors of the several Paroch-Kirks upon the first Sunday of October one thousand six hundred ninety five . Certifying such as shall not make punctual payment at the said Term of Martinmass , one thousand six hundred ninety five , or within the said thirty days thereafter , shall be lyable in the double , if paying within other thirty days thereafter , or if failzieing after both the saids thirty days , in the quadruple of their Pole : and ordains Execution to be used against them for the same , by Poynding of their readiest Goods , or Imprisoning their Persons ; the foresaid Poynding and Imprisonment alwayes proceeding upon the Sentence of one of the Commissioners for the Assessment , or any other inferior Judge where the person lives . Likeas His Majesty with Advice and Consent foresaid , hereby impowers the Lords of Privy Council , to order and appoint such furder methods and courses as they shall judge fit for stateing and inbringing of the Pole-money aforesaid , and to allow out of the said Pole-money such Charges and Expenses as shall be necessary for Execution of this Act. And His Majesty and Estates aforesaid , do hereby strictly appropriat , destinat , and appoint the Sums to be raised by this Act , for the ends and uses above-specified , conform to His Majesties Letter , whereof Three hundred thousand Pound to be bestowed in the first place , for providing and maintaining of the Ships of War for one year , and which Money the Lords of Thesaury are hereby ordained to furnish and answer to the Commissioners of Admirality , when called for , to the effect above-specified : and also the Lords of Privy Council are hereby fully impowered to decide and determine all Questions and Difficulties hereby undetermined , that may arise anent the premisses . And lastly , it is hereby declared , that no persons lyable in payment of this Pole , shall be holden to produce their Discharges , or Receipts of the same , after the Term of Martinmass , one thousand six hundred ninety six years , conform to His Majesties Letter . XI . ACT Against Blasphemy . June 28. 1695. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament , does hereby Ratifie , Approve , and Confirm the twenty first Act of the first Session of the first Parliament of King Charles the second , Intituled , Act against the Crime of Blasphemy , in the hail Heads , Clauses , and Articles thereof , and Ordains the same to be put to Due and Punctual Execution : And farder , His Majesty with Advice and Consent foresaid , Statutes and Ordains , that whoever hereafter , shall in their Writing or Discourse , Deny , Impugn , or Quarrel , Argue , or Reason against the Beeing of God , or any of the Persons of the Blessed Trinity , or the Authority of the Holy Scriptures of the Old and New Testaments , or the Providence of God in the Government of the World , shall for the first Fault be punished with Imprisonment , ●ay and while they give Publick Satisfafaction in Sackcloth to the Congregation , within which the Scandal was committed . And for the second Fault , the Delinquent shall be fyned in an Years Valued Rent of his Real Estate , and the twentieth part of his free Personal Estate , ( the equal half of which Fines , are to be Applyed to the Use of the Poor of that Paroch , within which the Crime shal happen to be Committed , and the other half to the Party Informer , ) besides his being Imprisoned , ay and while he make again Satisfaction ut supra . And for the third Fault , he shall be punished by Death as an obstinat Blasphemer : Likeas , His Majesty with Advice and Consent foresaid , hereby Authorizes , and Strictly Requires , and Enjoyns all Magistrats , and Ministers of the Law , and Judges within this Kingdom , to put this present Act in Execution as to the first Fault . And does hereby Impower and Require all Sheriffs , Stewarts , Baillies of Bailliaries , and Regalities , and their Deputs , and Magistrats of Burghs , to put this present Act in Execution as to the second Fault . And as to the third Fault , His Majesty with Advice and Consent foresaid , Remits the Execution of this present Act to the Lords of His Majesties Justiciary . XII . ACT Against irregular Baptisms and Marriages . Iune 28. 1695. OUR SOVERAIGN LORD Considering , that the Baptizing of Children , and Solemnizing of Marriage by the Laws and Custom of this Kingdom , and by the Constitutions of this Church , have alwise been done by Ministers of the Gospel Authorized by Law , and the Established Church of this Nation ▪ And that notwithstanding thereof , several Ministers now outed of their Churches do presume to Baptize Children , and Solemnize Marriage without Proclamation of Banns , or Consent of Parents , and sometimes within the forbidden Degrees : Therefore , His Majesty with Advice and Consent of the Estates of Parliament , Strictly Prohibits and Discharges all outed Ministers , to Baptize any Children , or Solemnize Marriage betwixt any Parties in all time coming , under the Pain of Imprisonment , ay and while he find Caution to go out of the Kingdom , and never to return thereto , and remits the Execution of this Act to the Ministers of the Law , who are to assist to the Execution of the twenty third Act of the fourth Session of this Parliament , for Settling the Quiet and Peace of the Church : Declaring alwise , that this present Act is without prejudice to the Acts of Parliament already made against privat and Clandestine Marriages , which are hereby Declared to stand in full force , and that Execution may proceed on the saids Acts at the Instance of the Parties concerned , or of the Procurator-Fiscals of the Jurisdictions , where they shall happen to be questioned . XIII . ACT Against Prophaneness . Iune 28. 1695. OUR SOVERAIGN LORD , and Estates of Parliament , considering that the Twenty fifth Act of the Second Session of this current Parliament , Intituled , Act against Prophaneness , And the Acts Generally and Particularly therein-ratified , has not taken the wished Effect , through the negligence of the Magistrats , Officers , and others concerned to put the same in execution ; Do hereby Authorize , and strictly Require and Enjoyn all Sheriffs and their Deputs , Stewarts and their Deputs , Baillies of Baillities and Regalities and their Deputs , Magistrats of Burghs-Royal and Justices of Peace within whose Bounds any of the Sins forbidden by the saids Laws shal happen to be committed , to put the saids Acts to exact and punctual Execution , at all times , without necessity of any dispensation ; and against all persons , whether Officers , Souldiers , or others without exception ; with this Certification , that such of the saids Judges as shal refuse , neglect or delay to put the saids Laws in execution , upon application of any Minister , or Kirk-Session , or any Person in their name , giving in Information , and offering sufficient Probation against the Offender , that every one of the saids Judges swa refusing , neglecting , or delaying , shal toties quoties be subject and lyable to a Fyne of One hundred Pounds Scots , to be applyed for the use of the poor of the Parish , where the Scandal complained on was committed : Declaring hereby That the Agent for the Kirk , the Minister of the Parish , or any other Person , having Warrand from him , or from the Kirk Session within the Parish whereof the Scandal complained on was committed , shal have good interest to pursue before the Lords of Session , any of the foresaid Judges , who shal happen to refuse , neglect , or delay to put the saids Laws against Prophaneness to exact and punctual execution , who are hereby ordained to proceed summarly , without the order of the Roll , and that it shal be a sufficient Probation of their refusal , neglect or delay , if the Pursuer instruct by an Instrument under a Nottars hand , and Witnesses thereto Subscribing and Deponing thereupon , that he did inform the saids Judges of the said Scandal , and offered a sufficient Probation thereof , unless the Judge swa pursued condescend and instruct , that within the space of ten Days after the said Application , he gave order to Cite the Party Complained on , to compear before him , within the space of ten Days , and that at the day of Compearance he was ready and willing to have taken Cognition and Tryal of the Scandal complained on , and Instruct and Condescend on a relevant Reason , why the said Laws were not put in execution against the Person complained on . XIV . ACT For restraining the prophanation of the Lords Day , by keeping Weekly-Mercats on Munday and Saturnday . Iune 28. 1695. OUR SOVERAIGN LORD Considering , that there is much occasion given for Profanation of the Lords-Day , by keeping of Weekly-Mercats on Munday and Saturnday , and that for preventing of this Abuse , there are several Acts of Parliament prohibiting the keeping of Weekly-Mercats the saids Days within Royal-Burghs ; But the saids Acts not comprehending the Burghs of Regality and Barrony , and Weekly-Mercats in Villages and Kirk-Towns , the saids Burghs , Villages and Kirk-Towns are necessitate to keep their Weekly-Mercats on the saids Days , conform to the special Acts of Parliament made in their Favours ; And yet many of the saids Burghs , Villages and others would most willingly alter and change the saids Mercat Days , if they were but impowered and authorized for that effect . Therefore , His Majesty with the Advice and Consent of the Estates of Parliament , Does not only Ratifie and Approve the saids Acts of Parliament made against the keeping of Weekly-Mercats upon Mundays and Saturndays within Royal-Burghs , But likewise does declare it leisume and lawful to all Burghs of Regality and Barrony , and Villages , and Kirk-Towns , whose Weekly-Mercats are kept the saids Days , to change and alter the same : And the saids Burghs , Villages , and others are hereby Authorized to choise and appoint any other Days of the Week they think fit for the keeping and holding of the saids Weekly-Mercats , they always making timous Intimation of the said Change to the next adjacent Burghs , and providing they pitch not upon the Mercat-Day of any Burgh-Royal next adjacent , or of an other Mercat-Town within four Miles . And that this Act be not extended against Fleshers within Royal-Burghs , who may keep Mercats of Fleshes in their respective Burghs , upon these days , this Act notwithstanding . XV. ACT For Encouragement of Preachers at Vacant Churches be-north Forth . Iuly 5. 1695. OUR SOVERAIGN LORD Considering that there are many Churches vacant upon the North-side of the Water of Forth , which cannot be soon legally Planted , nor in the interim otherways Supplyed than by the Presbytries in whose Bounds they ly , theit Imploying some Preachers who are not Setled in Churches to Preach in the saids Vacant Churches for some time , and that the Intertaining of these Preachers out of the first end of the Vacant Stipends of the Paroches to which they Preach , during their Service , is a most proper Pious Use within the Paroch : Therefore His Majesty , with Advice and Consent of the Estates of Parliament , for Encouraging of the said Preachers swa to be Imployed by the Presbytries , Doth hereby Destinat , Appoint and Allow out of the first end of the Vacant Stipends of the respective Churches , at which they shall Preach by Invitation or Appointment , of the respective Presbytries within whose Bounds the samine do ly , to every one of the said Preachers Twenty Merks Scots , for their Preaching each Lords Day , Forenoon and Afternoon , in the said Vacant Churches , and that whether the saids Preachers be Imployed by the Presbytry to Preach at one Church , or at several Churches by Turns within their Bounds ; Declaring hereby a Testificat under the Presbytries Hands , bearing that such a person hath upon their Invitation Preached so many Lords Days at such a Church within their Bounds , or at such and such Churches within their Bounds by Turns , shall be a sufficient Probation thereof , whereupon the saids Preachers shall by vertue of this present Act , have Power and Undoubted Right to al 's many Twenty Merks , out of the first and readiest of the Vacant stipends of the respective Paroch-Churches , as the said Certificats shall bear them to have Preached Lords Days thereat : And for preventing the Trouble and Expenses the said Preachers would be put to in recovering Payment of the saids Allowances hereby granted effeiring to their Services , if each of them should Pursue for their own part , out of the particular Vacant Stipends of the respective Churches at which they shall Preach . His Majesty with Advice and Consent foresaid , Doth hereby Impower the respective Presbytries within whose Bounds the respective Vacant Churches do ly , to grant Commissions to such Persons as they sha'l think fit for uplifting al 's much out of the first end of the Vacant Stipends , within their Bounds where the said Preachers shal serve at their Invitation , as will Pay and Satisfie the saids Allowances hereby granted to the persons invited by them to Preach thereat , Accompting ut supra for each Lords Days service ; with Power to the said Factors , to Uplift , and if need be , to Pursue for the same before the Judge Ordinary of the Bounds ; Discharging all Advocations , as also Suspensions , save upon Consignation , and with this Declaration , that if at the discussing of the Suspension , the Letters shall be found orderly proceeded , the wrongous suspender shall be Decerned in a Fifth part more , which Factor shall be obliged to Compt to the said Preachers , who shall be Imployed by the Presbytries for the said Allowances , to be uplifted by them ▪ according to the number of Days to be contained in the Presbytries Certificat . Likeas , His Majesty with Advice and Consent foresaid , for Encouragement of the said Factors , and Defraying their Expenses , Does hereby Allow to every one of the said Factors so to be appointed by the said Presbytries , as much as corresponds to a Tenth part of the said Allowances , which they are to Uplift further for their own use , out of the first end of the said Vacant Stipends , and with the benefit of the Provisions above-mentioned . XVI . ACT Anent the Ease of Annualrents Due by Persons Restored , and anent the Creditors Diligence to be Vsed against them . Iuly 5. 1695. FOR AS MUCH As by the General Act Rescissory of Fines and Forfaultures in this current Parliament , the Consideration of the Ease that was to be given to the persons thereby Restored of the bygone Annualrents due by them , and if the same ought to be granted to their Cautioners , and what time Diligence should be superseded against them , for payment of their principal sums , and such Annualrents to which they were to be lyable , was Remitted to the Commission of Fines and Forfaultures therein-named , that they might Report their Opinion thereof to the Parliament , which is not yet done ; and it being the Interest of the persons restored , and their Creditors , to have the same now Determined : Therefore His Majesty , with Advice and Consent of the Estates of Parliament , Statutes and Ordains , that during the time the persons Restored by this present Parliament were dispossessed of their Estates , they and their Cautioners are to be free of the payment of Annualrents , unless that the Party Restored either hath recovered all or some part of his Rents , from which he was excluded by the Forfaulture ; in which case the person Restored , and not the Cautioner , shall be lyable to the payment of the Annualrents during the time of his being dis●ossest , in swa far as he hath recovered the same , or otherways that the Party Restored may recover all or some part of the said Rent due during the years that he was dispossest , in which case the Party Restored shall have no ease of any by gone Annualrents , but upon his Assigning to his Creditors , with Warrandice from his own Fact and Deed , any Action competent to him for recovering all or any part of the said Rents due during the time of his being dispossest ; Declaring always , that when a Cautioner for a person Restored , did actually pay without Collusion before the Revolution , either principal Sum or by gone Annualrents ▪ or any part thereof , or had his Lands Adjudged therefore before the said Revolution , or having given a Bond , or suffered Decreet before the Revolution , hath made Payment , or had his Lands Adjudged since the Revolution , the foresaid Ease and Benefit granted in favours of the person Restored , is no ways to be Obtruded against the Cautioner in that case . As also , It is hereby Statute and Ordained , That where persons Restored have made Payment since the Revolution of any Annualrents , for these years during which they were dispossest of their Estates , it shall be leisume for them to retain al 's much in their own Hand of the principal Sums and Annualrents yet resting , as extends to the foresaid Annualrents swa payed by them , ( the Annualrents unpayed being always discounted in the first place ) and where the Debt is altogether payed , the Party Restored shall by vertue of this Act , have Action of Repetition against his Creditor , for refounding the said Annualrents payed out by him for the years during which he was excluded from the Possession of his Estate by the Forfaulture . Likeas , His Majesty with Advice and Consent foresaid , Statutes and Ordains , That it shall be leisume to the Creditors of persons Restored by this Parliament , to affect the Debitors Estate for payment of their principal Sums and Annualrents resting ( except such Annualrents whereof they are liberat by this present Act , ) and that immediatly furth and after the Date hereof , Discharging hereby all personal Execution against the persons Restored for payment of any principal Sums due by them before their Forfaulture , till Wh●●sunday next to come , in the Year of God One thousand six hundred and fourscore sixteen years , after which all personal Diligence shall be competent against the persons Restored , unless they dispone and put the Creditor in Possession of as much of their Estate ( whereof the Creditor is to have his Election , except as to the House , Park and Mains ) as will satisfie the principal Sum and Annualrents thereof resting , and not hereby given down at the ordinar rate of the Countrey where the Lands ly , and that free of Incumbrances , which is to be done at the sight of the Lords of Session in a Suspension , to be raised by the persons Restored , upon the said offer redeemable , nevertheless within the space of Five Years for payment of what is resting of the Creditors Debt , discounting his Intromissions ; And Declaring always , that how soon the Creditor shall be excluded from the possession of the saids Lands swa to be disponed to him by the person Restored , It shall be leisume to the Creditor , immediatly thereafter , to use all manner of Diligence personal and real for recovering of his Debt for which the Lands were disponed to him . Likeas , His Majesty , with Advice and Consent foresaid , Statutes and Ordains , That where a person Restored offering to dispone his Lands to his Creditors , cannot purge and disburden the Lands offered of real Incumbrances , by the sight of the Lords , and put the Creditor in the free Possession thereof , swa that he will be lyable to the personal Diligence of his Creditors after Whitsunday One thousand six hundred fourscore sixteen years , that then if he demand the benefit of a Cessio bonorum , the Lords of the Session are hereby allowed to grant the same to him upon his calling of his Creditors , and making Faith , and Disponing in the common Form , without necessity of his being Imprisoned the time of raising or obtaining thereof , or of wearing the Habit , after obtaining of the same . And likeways , It is hereby Declared , that where any person during the standing of the said Forfaulture now rescinded , did Acquire any Debts due by the person Restored , they shall have Action allannerly against the person Restored for the Sums truely payed out by them , and Annualrent thereof , and shal lose all benefit of their Compositions & Eases , And His Majesty and the Estates of Parliament , Do hereby remit the Case of the deceast William Muir of Caldwell , for Repetition of by-gone Rents , and all other Cases of Forfault persons Restored depending before them , to be Determined by the Lords of Session , excepting such Cases wherein Reports have been prepared by the Commission for Fines and Forfaultures for the Parliament , in which the Pursuer may at his Option futher Insist , till the Decision thereof before the Parliament or Lords of the Session . XVII . ACT anent the Mint . Iuly 5. 1695. OUR SOVERAIGN LORD , considering that by the Act of Parliament One thousand six hundred and eighty six Intituled , Act anent an humble Offer to his Majesty for an Imposition upon certain Commodities , for defraying the Expense of a free Coinage , and other matters relating to the Mint ; The foresaid Expense of a free Coinage , and several matters relating to the Mint were indeed settled , but neither so perfectly nor so fully as Experience hath since discovered , but that there is still need and place for a further Regulation : Doth therefore , with Advice and Consent of the Estates of Parliament , Statute and Ordain , That notwithstanding it be recommended by the said Act to the Lords of His Majesties Privy Council , to try by some of their Number , every Journal of Coin by it self distinctly , and that twice every year , Viz. In the Month of Iuly and December yearly , yet seing the foresaid distinct Tryal of every Journal hath been found both a tedious and superfluous Labour , and is not practised any where else , it shal be leisom for the said Lords of His Majesties Privy Council , to make the said Tryal by such of their number as they shal think fit , not of every Journal of Coin by it self distinctly , but by taking and making Tryal of any one or more single Journals , as they shal think fit , and then to cause melt down in one Mass or Lignat , the rest of the Journals , to be at that time tried , and to take an Essay of the Mass so melted down , as said is , which shal stand for the whole , but prejudice always to the said Lords of Council to make distinct Tryals of the hail foresaid Journals , as they shal see cause , As also , still recommending to them the exact Tryal of all Matters relating to the Coinage , at the foresaid two times above-specified , in manner mentioned in the said Act , and that notwithstanding of the foresaid Act , which is innovat in so far as the same is inconsistent with this present Act. XVIII . ACT anent the Quorum of the Commission of Teinds . Iuly 5. 1695. OUR SOVERAIGN LORD the Kings Majesty , considering that there are many Actions depending before the Lords , and others Commissioners , for Plantation of Kirks , and Valuation of Teinds , which cannot be decided and determined , in respect that the saids Commissioners have not met so frequently as was necessary , by reason of the difficulties of getting a Quorum , whereby the Leidges have been much prejudged ; for Remei●ing whereof , Our Soveraign Lord , with Advice and Consent of the Estates of Parliament , Statutes and Ordains , That Seven Commissioners , whereof one of every State shal be an sufficient Quorum , who being present at the down-sitting and constituting of the Meeting : the withdrawing of one or more of any of the three States , after constituting of the Meeting , shal not breach the Quorum , seven of the Commissioners of the other State or States being still present , without prejudice to the Officers of State to be still Members of the said Commission , tho the presence of one or more of them be not necessary to constitute the foresaid Quorum . And His Majesty , with consent foresaid , does hereby Ratify and Approve the Twenty fourth Act of the Fourth Session , and Thirtieth Act of the Second Session of this current Parliament , in the hail Heads , Articles , and Clauses thereof , excepting in so far as the samen is innovat be this present Act ; And the saids Commissioners are hereby appointed to meet every Wednesday in the afternoon , during the sitting of the Session . XIX . ACT anent the Duty on Scots Muslin . Iuly 5. 1695. OUR SOVERAIGN LORD , with Advice and consent of the Estates of Parliament , Statute and Ordain , That in all time coming , all Muslin , plain or stript , or Camrick , and all sorts of Linen under whatsomever Name or Designation , Manufactored within the Kingdom , shal at the exporting thereof pay Custom only as Scots Linen , conform to the Book of Rates . XX. ACT Anent the Post-Office . Iuly 5. 1695. OUR SOVERAIGN LORD considering , that for the Maintainance of Mutual Correspondence , and preventing of many Inconveniences that happen by privat Posts , several publick Post-Offices have been heretofore erected , for Carrying and Receiving of Letters by Posts to and from most parts and places of this Kingdom , and that the well ordering thereof , is a Matter of general Concern , and of great Advantage , as well for the Conveniences of Trade and Commerce , as otherways ; and to the end that speedy and safe Dispatches may be had , and that the best Means for that end , will be the Settling and Establishing a General Post-Office : Therefore , His Majesty with Advice and Consent of the Estates of Parliament , Statutes , Ordains , and Appoints an General Post-Office to be be keeped within the City of Edinburgh , from whence all Letters and Pacquets whatsoever , may be with Speed and Expedition sent into any part of the Kingdom , or any other of His Majesties Dominions , or into any Kingdom or Countrey beyond Seas , by the Pacquet that goes Sealed for London , at which said Office , all Returns and Answers may be likeways received ; as also , that a Master of the said General-Letter-Office shall be from time to time appointed by His Majesty , His Heirs , and Sucessors , by Letters , Patents , under the Privy Seal of this Kingdom , by the Name and Title of His Majesties Post-Master-General ; or otherways , that the said Office may be set in Tack by the Lords of His Majesties Thesaury and Exchequer , as His Majesty and His saids Successors shall think most expedient : And that the said Master of the said Office , or Tacks-man for the time respectively , and his Deput or Deputs authorized by him for that effect , and his and their Servants , and no other person or persons whatsoever , shall from time to time have the Receiving , Taking up , or Ordering , Dispatching , Sending Posts with Speed , and Delivering of all Letters and Pacquets whatsoever , which shall from time to time be sent to and from , all and every the parts and places of this Kingdom , to and from His Majesties Dominions , or places beyond Seas , where he shall Settle , or cause to be Settled , Posts or running Messengers for that purpose : Excepting such Letters as are sent by any person or persons , to and from any place within this Kingdom by their own Servants , or by Express sent on purpose about their own Affairs , and Letters directed along with , and relating to Goods sent , or to be returned by common Carriers allenarly : And where Post-Offices are not erected , and Posts settled , His Majesty with Consent foresaid , allows the Custom of sending by Carriers or others as formerly , ay and while such Offices be established and no longer . And farder , His Majesty with Advice and Consent foresaid , Statutes and Enacts , that the said Post-Master-General , or Tacks-man and their respective Deputs and Substitutes , and no other person or persons whatsoever , shall provide and have in readiness , sufficient Horses and Furniture for ryding Post to all persons , ryding to and from all the parts and places of Scotland where any Post Roads are , or shal be settled and established : But prejudice to the use of hyring of Horses , which are not to ride Post as formerly . And sicklike , His Majesty with Advice and Consent foresaid , Statutes , Enacts , and Ordains , that it shall be lawful for the said Post-master General , or Tacks-man and their saids Deputs , to ask , exact , and receive , for the Portage and Convoyance of all such Letters , which he or they shall so Convoy , Carry , or send Post as aforesaid , and for providing and furnishing Horses for ryding Post as aforesaid , according to the several Ra●es and Sums after-mentioned , which they are not to exceed , viz. all single Letters to Berwick , or any part within fifty Miles of Edinburgh two shilling , double four shilling , and so proportionally ; all single Letters to any place above fifty Miles , and not exceeding a hundred Miles , to pay three shilling , double six shilling , and so proportionally , all single Letters to any place in Scotland above a hundred Miles , to pay four shilling , double eight shilling , and so proportionally : Declaring nevertheless , that all single Letters with Bills of Loadning or Exchange , Envoys , or other Merchant Accompts inclosed and sent to any place within the Kingdom , shall be onely considered as single Leters ; all Pacquets of Papers to pay each one as triple Letters : And it shall be lawful for the said Post-Master-General , Tacks-man , and their Deputs , to ask , exact , take , and receive from every person , to whom he or they shall furnish Horses , Furniture , and Guide for ryding Post in any of the Post Roads aforesaid , three shilling Scots for ilk Horse hire for Postage for every Scots Mile . And in like manner , His Majesty with Advice and Consent foresaid , strictly Prohibits and Discharges , all other person or persons whatsoever , as well single , as Bodies Pollitick or Incorporat , excepting the said Post-Master-General , or Tacks-man , and their Deputs , and the Servants of Noblemen , Gentlemen , and others , in the Cases particularly above-excepted allenarly , to carry , receive , or deliver any Letters for hire , or to set up or imploy any Foot Post , Horse Post , or to settle Post-Masters within their Jurisdictions , under the penalty of twenty Pounds Scots for every Transgression , and an hundred Pounds Scots for each Moneths Continuance thereof , after Intimation be is made to them in the contrair , and the saids penalties to be pursued for , before any Judge competent , the one half thereof to be applyed for the use of the Informer , and the other half for the use of the said Post-Master-General , or Tacks-man respective ; and that no common Carrier presume to carry any Letters to , or from any places within this Kingdom , where Post-Offices are settled , excepting the case aforesaid : Certifying all such as do in the contrary , that upon Seizure of any such Carrier with the Letters about him , or being convicted thereof before any Judge competent , he shall be imprisoned six days for ilk fault , and fyned in the Sum of six Pounds Scots , toties quoties : And because , it is not onely expedient for His Majesties Government , but likeways for the Advancement of the Trade of this Kingdom , that a settled Correspondence by Weekly Posts , be established with His Majesties Subjects in the Kingdom of Ireland , and that the said Kingdom of Ireland , will not be at the expense for maintaining the Pacquet Boats for passing to and from this Kingdom ; Therefore , His Majesty with Advice and Consent foresaid , Ordains and Appoints the said General-Post-Master or Tacks-man , to keep and maintain Pacquet Boats to go Weekly , ( Wind and Weather serving , ) from Port-Patrick in this Kingdom to Donachadee in Ireland , to carry and receive all Letters to be sent betwixt this Kingdom and the Kingdom of Ireland , and that the expense bestowed on these Pacquet Boats , be allowed to the said General-Post-Master or Tacks-man , in part of his Intromissions with the profits of the said General-Letter Office , or out of the Tack Duty when the same is set in Tack or Farmed , not exceeding the sum of sixty Pounds Sterling Money Yearly . And His Majesty with Consent foresaid , Ordains and Commands all the Sheriffs , Stewarts , Baillies of Regalities or Royalties , Magistrats of Royal Burghs , Justices of Peace , and all other Judges and Magistrats whatsoever , al 's well in Burgh a● Landward , to concur with and assist the Post-Master-General , Tacks-man and their Deputs , in the Discharging of his Trust , for rendring this Act effectual for the ends above-written , and putting the same to all due and lawful execution within their respective bounds . And His Majesty with Consent foresaid , Statutes and Ordains , that no person or persons of whatsoever Degree or Quality , presume to stop , molest , hinder , or impede the several Posts , al 's well Foot Posts , as Horse Posts authorized by , or bearing Warrand from the said Post-Master-General , Tacks-man , or their Successors in Office , by night or by day , under the pain and penalty of one thousand Pound Scots , attour the Reparation of the Damnages to any Party lesed thereby ; far less to detain , rob , or take away any Pacquets , under the pains contained in the Acts of Parliament . And His Majesty with Consent foresaid , Ordains and Appoints the said Post-Master-General , Tacks-man and his said Deputs , and their Successors in their several Offices , to take the Oath of Allegiance and subscribe the same with the Assurance , appointed to be taken by all persons in publick Trust , by the third Act of the third Session of this current Parliament . And His Majesty with Consent foresaid , Ordains General Letters to be directed at the Instance of the said General-Post-Master , or Tacks-man , and their Successors in Office , against their several Deputs , for the Tack-Duties of their respective Offices , as is allowed for In-bringing any part of His Majesties Revenue . And Lastly , the Lords of His Majesties Privy Council , are hereby Authorized and Impowered to take care , that particular Post-Offices be established over all the Kingdom at places most convenient , and the times of parting of Posts with Letters , and of their running , be duly settled and published ; And generally , that this Act be punctually observed and execute , and do all other things to make the same effectual for the true end and intent thereof . And Ordains this present Act to be Published and Printed , that none may pretend ignorance . XXI . Explanatory Act anent the Excise of Brandy . Iuly 5. 1695 ▪ FORASMUCH AS many Actions have been Commenced and Pursued before the Lords Commissioners of Thesaury and Exchequer , to the great Vexation and Expense of the Leidges , anent the Meaning of the Act of Parliament first of December 1673 , Intituled , Act concerning the Importation and Excise of Brandy ; by which Act six Shilling Scots are imposed upon each Pint , to be payed by the Retailers in small 's ; and under pretence of the word Retailers in the said Act , the Sub-taxmen and Collectors have forced the Leidges to pay for the same two or three times , and the Merchants Importers have been likewise charged therefore , notwitstanding that by the said Act Retailers are onely lyable . For remeid of which , OUR SOVERAIGN LORD with Consent of the Estates of Parliament , does hereby Declare , that the six Shilling upon the Pint of Brandy , shall hereafter be payable onely by Toppers and Retailers in small 's , who sell Brandy by Pints , Gills , and lesser Quantities than Pints in Taverns , Shops , Cellars , and the like , where the same is immediatly consumed , and by no others , notwithstanding of any former Practice in the contrair . XXII . ACT Against Intruding into Churches without a Legal Call and Admission thereto . Iuly 5. 1695. OUR SOVERAIGN LORD Considering , that Ministers and Preachers , their Intruding themselves into vacant Churches , Possessing of Manses and Benefices , and Exercing any part of the Ministerial Function in Paroches , without a Legal Call and Admission to the saids Churches , is an high Contempt of the Law , and of a dangerous Consequence tending to perpetuat Schism . Therefore , His Majesty with Advice and Consent of the Estates of Parliament , Statutes and Declares , that whoever hereafter shall intrude themselves into any Church , or shall Possess Manse or Benefice , or shall Exercise any part of the Ministerial Function within any Paroch , without an orderly Call from the Heretors and Eldership , and Legal Admission from the Presbytry within whose bounds it lies , shall be incapable of enjoying any Church , or Stipend , or Benefice within this Kingdom , for the space of seven years after their Removeal from the Church , and quiting Possession of the Stipend and Benefice into which they intruded : Likeas , His Majesty with Advice and Consent foresaid , does hereby remit the Execution of this present Act to Sheriffs , Stewarts , Baillies of Bailliaries , and Regalities , and their Deputs , and to Magistrats of Burrows Royal , who are hereby Authorized and Required , to remove and declare incapable , ut supra , all these , who shall hereafter intrude into Churches within their respective Jurisdictions , upon Complaint from the Presbytry , or any person having Warrand from the Presbytry , within whose bounds the saids Intrusions shall happen to be made hereafter ; and that upon Citation of ten days : Ordaining hereby Letters of Horning and Caption to be direct in communi forma , upon Decreets to be given by the saids inferior Judges , for compelling the saids Intruders to remove from the saids Churches and Manses , and to quite Possession of the saids Stipends and Benefices , and to desist and cease from Exercing any Ministerial Acts within the saids Paroches , into which they shall hereafter intrude . Likeas , His Majesty doeth hereby Recommend to the Lords of His Majesties Privy Council to remove all these , who have already , since the Establishment of this present Church Government , intruded into Vacant Churches , without an orderly Call from the Heretors and Eldership of the Paroch , and a Legal Admission from the Presbytry within whose bounds the saids Churches lies : As also , to take some effectual Course for stopping and hindering these Ministers , who are , or shall be hereafter Deposed by the Judicatories of this present established Church ; from Preaching or Exercising any Act of their Ministerial Function , which they cannot do after they are Deposed , without a high Contempt of the Authority of the Church , and of the Laws of the Kingdom establishing the same . XXIII . ACT Anent Lands lying Run-rig . Iuly 5. 1695. OUR SOVERAIGN LORD and the Estates of Parliament taking into their Consideration , the great Disadvantage , arising to the who●e Subjects , from Lands lying run-rig , and that the same is highly prejudicial to the Policy and Improvement of the Natio● , by Planting and Inclosing , conform to the several Laws and Acts of Parliament of before made thereanent : For remeid , His Majesty with the Advice and Consent of the said Estates , Statutes and Ordains , that wherever Lands of different Heretors ly run-rig , it shall be Leisum to either Party to apply to the Sheriffs , Stewarts , and Lords of Regality , or Justices of Peace of the several Shires where the Lands ly ; to the effect , that these Lands may be divided according to their respective Interests , who are hereby Appointed and Authorized for that effect ; and that after due and lawful Citation of all Parties concerned , at an certain day , to be prefixed by the said Judge or Judges . It is always hereby Declared , that the saids Judges , in making the foresaid Division , shall be , and are hereby restricted , so as special regard may be had to the Mansion-Houses of the respective Heretors , and that there may be allowed and adjudged to them the respective parts of the Division , as shall be most commodious to their respective Mansion-Houses and Policy , and which shall not be applicable to the other adjacent Heretors : As also , it is hereby Provided and Declared , that thir Presents shall not be extended to the Burrow and Incorporat Acres , but that notwithstanding hereof , the same shall remain with the Heretors to whom they do belong , as if no such Act had been made . XXIV . ACT for Obviating the Frauds of appearand Heirs . Iuly 10. 1695. OUR SOVERAIGN LORD Considering the frequent Frauds and Disappointments that Creditors do suffer , upon the Decease of their Debitors , and through the Contrivances of appearand Heirs , in their prejudice : For Remeid thereof , and also for facilitating the Transmission of Heretage in Favours of both Heirs and Creditors , His Majesty , with Advice and Consent of the Estates of Parliament , Statutes and Ordains , That if any man since the first of Ianuary One thousand six hundred and sixty one , have served , or shal hereafter serve himself Heir ; or by Adjudication on his own Bond , hath since the time foresaid succeeded , or shal hereafter succeed , not to his immediate Predecessor , but to one remoter , as passing by his Father to his Goodsire , or the like ; then , and in that Case , he shal be lyable for the Debts and Deeds of the Person interjected , to whom he was appearand Heir , and who was in the Possession of the Lands and Estate to which he is served , for the space of three years , and that in so far as may extend to the value of the said Lands and Estate , and no further ; deducing the Debts already payed : As also , with this order , as to the time past , that all the true and lawful Debts of the appearand Heir , entering as said is , and already contracted , with the true and real Debts of the Predecessor to whom he enters , shal be preferred in the first place . As also , His Majesty , with Advice and Consent foresaid , Statutes and Ordains , That if any appearand Heir for hereafter , shal without being lawfully served or entered Heir , either enter to possess his Predecessors Estate , or any part thereof , or shal purchase , by himself , or any other to his Behoove , any Right hereto , or to any Legal Diligence , or other Right affecting the same , whether Redeemable or Irredeemable , otherwise than the said Estate is exposed to a lawful publick Roup , and as the highest Offerer thereat , without any Collusion ; his foresaid Possession or Purchase shal be repute a behaviour as Heir , and a sufficient passive Title to make him represent his Predecessor universally , and to be lyable for all his Debts and Deeds , sicklike as if the said appearand Heir , possessing or purchasing , as said is , were lawfully served and entered Heir to his said Predecessor : Declaring always , Likeas , it is hereby declared , that the said appearand Heir may bring the said Estate to a Roup , whether the Estate be Bankrupt or not . And it is further Statute , that where Rights or Legal Diligences , affecting their Predecessors Estates , shal be found settled in the Person of any such near Relation , to whom the appearand Heir to the foresaid Predecessor may also succeed as Heir , the appearand Heirs possessing by vertue of the said Rights and Diligences , except upon Lawful Purchase by publick Roup , as said is , shal not only be a passive Title , but the said Rights and Diligences in the Person of the said near Relation , shal only be sustained as valid to exclude the Predecessors Creditors , in so far as can be qualified and instructed , that these Rights and Diligences were truly and honestly purchased for payment of Sums of Money , and no further . And moreover , His Majesty , with Advice and Consent foresaid , Statutes and Ordains , That for hereafter any appearand Heir shal have free liberty and access to enter to his Predecessors cum beneficio inventarii , or upon Inventary , as use is , in Executories and Moveables , allowing still to the said appearand Heir , year and day to deliberate , in which time he may make up the foresaid Inventary , which he is to give up upon Oath , full and particular as to all Lands , Houses , Annualrents , or other Heretable Rights whatsoever , to which the said appearand Heir may , or pretends to succeed ; which Inventary to be subscribed by him before Witnesses , duly insert and designed , shal be given in to the Clerk of the Sheriff Court of the Shire , where the Defuncts Lands and Heretage lye ; or in case the Defunct had no Lands or Heretage requiring Seasin , to the Clerk of the Shire , where the Defunct deceased : To which Inventary , the Sheriff , or Sheriff-Deput , with the Clerk of the Court , shal also subscribe in Judgement , and record the same in their Registers , and give Extracts thereof , for all which , the upgiver of the said Inventary shal pay no more to the Court and Clerk thereof , on any account , than the ordinary price of Extracts in that Court , for an extract of the said Inventary : and this Inventary is to be given in , recorded , and extracted as said is , within the said year and day , to deliberat ; and thereafter the foresaid Extract thereof , shal within fourty days after the expiration of the said year and day , be again presented and registrated in the Books of Council and Session , in a particular Register to be appointed by the Clerk Register , for that effect : And the appearand Heir entering by Inventary , in manner foresaid , is hereby declared to be only lyable to his Predecessors Debts and Deeds , secundum vires Inventarii , and in as far as the value of the Heritage , given up in Inventary , will extend , and no farther . Providing always , Likeas , it is hereby specially provided , that if the aforesaid appearand Heir shal have any intromission with the Defuncts Heretable Estate , or any part thereof , otherways than necessary intromission , for Custody and Preservation , before his giving in , recording and extracting of the said Inventary in manner foresaid ; or if he shal fraudfully omit any thing out of the said Inventary , that is , which yet he shal be found to have intrometted with , or possessed , then , and in either of these Cases , he shal lose the benefit of the Inventary , and be universally lyable , as if entered Heir without Inventary . And farder , that if any part of the said Heretable Estate shal be without fraud omitted to be given up by him in the foresaid Inventary , and shal not in the mean time be affected by the diligence of a lawful Creditor , he shal have Liberty , so soon as he comes to the knowledge thereof , and within fourty days thereafter , to make an Eik of the same , to the said Inventary ; which Eik is to be made and subscribed , given in and recorded , in the same manner with the Principal Inventary above-mentioned . And lastly , it is hereby declared , that appearand Heirs , if they please , may enter without Inventary as formerly in all points , and that whether they enter with or without Inventary , they are still to enter by Service and Retour , or by Precepts of Clare constat , in manner formerly accustomed . XXV . ACT anent the Repetition of Fines . Iuly 10. 1695. OUR SOVERAIGN LORD considering , that by the Eighteenth Act of the Second Session of this current Parliament , Intituled , Act Rescinding the Forefaultures and Fines , past since the Year One thousand six hundred sixty five ; All Fines then unpayed , which were imposed by Sentences , from the first day of Ianuary One thousand six hundred sixty five , to the fifth of November One thousand six hundred eighty eight upon any person or persons for Church Irregularities or Non-conformities , or refusing of Publick Bonds , Subscriptions or Oaths , or for not obeying Acts , Proclamations and Orders thereanent , Resetting or Conversing with Rebels , for the Causes foresaid , refusing to depone in Lybels against themselves , in Capital Cases , albeit restricted to an Arbitrary Punishment ; with all Hornings , Denunciations and Intercommunings , given , pronounced , and issued furth in Parliament , or by an other Court or Commission against any Persons , for the saids Causes , are expresly discharged : And further , that by the foresaid Act , it was remitted to the Commission , appointed for Fines and Forefaulters , to consider the Grounds of repetition of such of the said Fines as were payed to Donators , or others having Right from them , and other privat Parties : And also considering that the said Commission hath given no Decision or Determination upon the foresaid Remit , whereby the Parties lesed , who made payment of the said Fines in manner foresaid , to Donators , and others , have as yet received no redress : Therefore His Majesty , with Advice and Consent of the Estates of Parliament , Doth Statute and Declare , That where Fines were imposed by Sentences from the first of Ianuary One thousand six hundred sixty fives to the fifth of November One thousand six hundred eighty eight , upon any Person for Church Irregularities and Non-conformities , or refusing of publick Bonds , Subscriptions and Oaths , for not obeying Acts , Proclamations and Orders thereanent , Resetting of , or Conversing with Rebells for the Causes foresaid , refusing to depon upon Lybells against themselves in Capital Cases , albeit restricted to an Arbitrary Punishment , and that the Persons so fined , have made payment of the hail of the said Fines , or any part thereof , to Donators or others , that it shal be leasom for them to pursue the said Donators or others for repetition , and who are hereby declared lyable to refound what they have received , together with the Annualrent thereof since Martimass One thousand six hundred eighty eight . And furder , His Majesty , and the Estates of Parliament , having considered the Act made in the year One thousand six hundred and ninety , Rescinding Fines and Forefaulters , and that thereby the forefaulted Persons are restored to their Lands , Rents and Possessions , and the Composition made by them or others in their Name , ordained to be repayed by the Donators or others ; and seing it is just , that the Annualrents of the said Compositions , since the date of the foresaid Act be likewise payed . Therefore , His Majesty , with Advice and Consent foresaid , Statutes and Ordains , that Annualrent from the Date of the said Act be repayed , with the Compositions themselves , excepting always furth and frae this Act , all Fines imposed by Mr. Iohn Meinzies Advocat , while Sheriff-Deput of Lanerk , in regard it is notorly known he fined not for any advantage to himself , but for prevention of rigorous Execution from others , and remits all Causes for repetition of Fines depending before the Parliament or Commission to be discussed by the Lords of Session summarily , without abiding the course of the Roll. And it is furder declared , that where any Person forefaulted and restored as above , shal be found to be postponed in diligence , either for his Payment as a Creditor , or his Relief as a Cautioner , by reason of his forefaulture , he shal now , after his Restitution be in the same Case for preference , as if he had done all Diligence possible for him , if not forefaulted . XXVI . ACT Discharging Popish Persons to prejudge their Protestant Heirs in Succession . Iuly 11. 1695. OUR SOVERAIGN LORD understanding , that Parents , and others of the Popish Religion , and that are so affected , Do restrain and overawe their Children , and appearand Heirs , so as they cannot , though convinced in their Consciences , by the Light of the Truth , abandon the Popish Errors and Superstitions of their said Parents , for fear that they may be by them dis-inherited , and deprived of any Benefit of Succession , that they may have , by their said Parents , and others foresaid ; Do therefore , and for Remeid thereof , Statute and Ordain , with Advice and Consent of the Estates of Parliament , that it shal not be leisom , nor in the power of any profest or known Papist , to make any Gratuitous Deed , or Disposition in prejudice of their appearand Heirs , and the Benefit they may have , by their Succession to , and in Favours of any other Person , or Persons whatsomever ; Declaring , Likeas , it is hereby declared , that no such Disposition or Deed , shal be of any force , but shal be judged to be gratuitous , unless that both the Person granter , and the Writer and Witnesses in the Deed , shal declare upon Oath , and also qualify satisfyingly , before the Judge Ordinary of the Bonds , that the foresaid Disposition and Deed was made and granted , for true , onerous , and adequat Causes ; or otherways that the same shal be null and void , in manner above-Statute . XXVII . ACT Concerning the Church . Iuly 16. 1695. OUR SOVERAIGN LORD , Being sensible of the Hurt and Mischief that may Ensue , upon the exposing of the Peoples Minds to the Influence of such Ministers , who refuse to give the Proofs required by Law of their Good Affection to the Government ; And withal desirous , that in the first place , all gentle and easie Methods should be used to reclaim men to their Duty , whereby the present Establishment of this Church , may be more happily preserved , the knowledge of the Truth , with the practice of true Piety more successfully advanced , and the peace and quiet of the Kingdom more effectually settled : Hath thought good to allow , and with Advice and Consent of the Estates of Parliament , hereby allowes to all Ministers that were at the time of His Majesties happy Accession to the Crown , and have since continued actual Ministers in particular Paroches , and no Sentence either of Deposition or Deprivation past against them , and have not yet Qualified themselves , conform to the Act of Parliament 1693 , Intituled , Act for taking the Oath of Allegiance and the Assurance , a new and farther day , viz. the first of September in this present year 1695 , to come in and take the said Oath of Allegiance , and to subscribe the same with the Assurance betwixt and the said day , and that either before the Sheriff , or Sheriff-Deput of the Shires , or the Provost or Baillies of the respective Burghs , or any other Inferior Magistrat of the bounds where they live , or before any Privy Counsellor , with a Certificat under the hand of the said Inferior Judges , or Privy Counsellor , to be reported to the Lords of His Majesties Privy Council , or their Clerk , within the space of twenty one days after the date of the said Certificat : Declaring , that all such as shal duely come in and qualify themselves as said is , and shal behave themselves worthily in Doctrine , Life and Conversation as becomes Ministers of the Gospel , shall have and enjoy His Majesties Protection , as to their respective Kirks and Benefices , or Stipends , they always containing themselves within the Limits of their Pastoral Charge within their said Paroches , without offering to Exerce any power , either of Licensing , or Ordaining Ministers , or any part of Government in General Assemblies , Synods , or Presbytries , unless they be first duely assumed by a competent Church Judicatory ; in which Case , it is hereby farder Declared , that the foresaid Ministers first qualifying themselves as above , may be assumed by the respective Church Judicatories to which they belong , and shall apply to partake with them in the present Established Government thereof : Providing nevertheless , that as the said Ministers who shal qualifie themselves as said is , are left free to apply or not , to the foresaid Church Judicatories : So the said Church Judicatores are hereby also Declared free to assume , or not assume the foresaids Ministers , though qualified as they shall see cause : WITH CERTIFICATION , that such of the said Ministers , as shall not come in betwixt and the said day , are hereby , and by the force of this present Act , ipso facto , Depriof their respective Kirks and Stipends , and the same Declared vacant without any further Sentence . And His Majesty being purposed , that His Grace shall be still patent to all ; doeth further Declare and Statute , with Consent foresaid , that at what time soever any Minister , either settled in a Church , or not , shall upon application , be judged fit to be assumed by any competent Church Judicatory as said is , the foresaid Minister , upon a Certificat thereof from the said Judicatory , shall be admitted and allowed to qualify himself , by taking the Oath of Allegiance , and subscribing the same with the Assurance in manner foresaid , albeit the said first of September be past and elapsed . And His Majesty with Consent foresaid , Allows , Declares , and Statutes as above , any thing in the foresaid Act 1693 , or in the other Act of the same Session of Parliament , Intituled , Act for Settling the Quiet and Peace of the Church , notwithstanding . And His Majesty with Consent foresaid , for the greater encouragement of all Ministers of the Gospel , not only ratifies the Act of Parliament 1669 , forbidding all Suspensions of special Decreets and Charges for Ministers Stipends , or the Rents of their Benefices , except on production of Discarges , or upon Consignation in manner therein provided : But further Statutes and Ordains , that there be no Advocation , or Sist of Process granted of Actions for the said Stipends , or Rents of Benefices , when pursued before Inferior Judges , and that in the case of a Decreet , there be neither Suspension nor Sist of Execution granted , except on production of clear Discharges or Consignation as said is , and if any Suspension be past , that the same be summerly discussed at the Instance of the Charger , without abiding the Order and Course of the Roll : And that if the Letters be found orderly proceeded , the Suspender be also Decerned at least in a fifth part more than the Sums charged for , with what more the Lords shall judge reasonable to be payed to the Charger for his Expense and Damnage . and if any Minister shall happen to pursue for his Stipend by way of ordinary Action before the Lords , it is hereby farther Ordained , that the same be summarly proceeded in , and discussed without abiding the Course of the Roll. And Lastly , for a more ample Declaration of an Act made in this Session of Parliament , for encouraging of Preachers at Vacant Churches be North Forth , His Majesty with Consent foresaid , extends the same not only to Preachers who are not settled in Churches , but also to such Ministers who though settled in Churches , are yet sent from time to time from any Presbytry or Synod of this Church , without their own Presbytry , to supply the said Vacancies , to the effect , that the said Ministers settled , as well as the said Preachers not settled , may equally have the benefit of the said Act , in the terms thereof . XXVIII . ACT For the Additional and Annexed Excises . Iuly 16. 1695. THE Estates of Parliament , taking to their Consideration , that for the Maintaining of the present standing Forces , and the necessary Defence of the Kingdom , and Coasts thereof , against the Dangers that continue to threaten from the present War ; an Additional Fond , to the Supplies already given , in this present Session of Parliament , is requisit : Do therefore , for the said Fond , and over and above the Excise of two merks upon the Boll of Malt , and the Excises on strong Waters and Brandy , and Forreign Beer annexed to the Crown , heartily offer to His Majesty , an Additional Excise of two pennies upon the Pint of Ale and Beer , browen to be vended and sold ; As also , of two shilling upon each Pint of Aquavitae and strong Waters , brown or made of Malt , to be vended and sold within the Kingdom : And likewise an Additional Excise of two shilling upon each Pint of Aquavitae and strong Waters brown , not made of Malt , excepting what is made of Wine ; and that during the space of twelve Moneths , commencing from the first day of September next . And His Majesty , and Estates of Parliament , considering the Advantages of a greater Consumption , and better Liquor arising , both to the Heretors , Brewers , and the whole Leidges of the Kingdom , by laying all Excises upon the Liquor , and not upon the Malt ; as also the manifest conveniency that the said Annexed Excise formerly on the Malt be converted upon the Liquor , that both these Excises may be uniformly raised and uplifted , with less Charges and Expenses , with which Reasons , and the Truth thereof , after mature Deliberation , the Estates of Parliament are satisfied , and fully convinced , that His Majesty getting an Equivalent , the same are just and important , concerning both His Majesties Interest and the publick Good and Welfare of this Kingdom . Therefore His Majesty , with consent of the said Estates , hath dissolved , and hereby dissolves the foresaid Annexed Excise of two Merks upon the Boll of Malt , from the Crown and Patrimony thereof . Rescinding , likeas , His Majesty hereby rescinds the Act of Parliament 1685 , giving , and annexing the foresaid Excise of two Merks upon the Boll of Malt to the Crown , in so far as , it gives and annexes the same allannerly , and no farder : Together with all Tacks , Contracts or Commissions , made , or granted , of , or concerning the foresaid annexed Excise , hereby Dissolved and taken away ; Declaring the said Tacks , Sub-tacks , Contracts , and Commissions to be fallen therewith in Consequentiam , after the first day of September aftermentioned : In place of the which annexed Excise , and as an Equivalent , in Lieu thereof , the Estates of Parliament , for the usefulness of this Grant , to support the Interest of the Crown , do humbly and unanimously offer to His Majesty , over and above the foresaid two pennies , and other additional Excises abovementioned , an Excise of three pennies more upon the Pint of all Ale and Beer browen to be vended and sold as said is ; As also , of three shilling more upon ilk Pint of Aquaviae or strong Waters , not made of Malt browen and sold within this Kingdom : six shilling upon ilk Pint of Forraign Aquavitae , Brandy , or strong Waters ; and thirty shilling upon ilk Barrel of imported Forreign drinking Beer ; and this Excise hereby given in Lieu of the foresaid annexed Excise of two Merks upon the Boll of Malt , and Ordained to commence from the foresaid first day of September : His Majesty , and the Estates of Parliament , by the force of this present Act , have United and Annexed , and Unites and Annexes the same to the Crown of this Realm , to remain therewith , as annexed Property in all time coming . And His Majesty , with Advice and Consent foresaid , do appoint the payment of the said Two Excises , unannexed and annexed , extending to five pennies upon the Pint , so long as they shal Concur , to be as follows , viz. For the first two Moneths , upon the first day of November next to come , and thereafter quarterly , and proportionally , so long as they shal concur , and stand together ; and thereafter the foresaid new annexed Excise to be payed at such Terms as His Majesty and Successor : shal please to appoint ; And for making of the said two Excises effectual for their respective Endurances , His Majesty , with Consent foresaid , doth Impose and Ordain the foresaid two Excises upon Ale and Beer , to be raised and uplifted from all Brewers of the said Liquors , brown and made to be vended and sold , as said is ; and the said Excises upon Aquavitae and strong Waters to be raised and uplifted from all Retailers thereof . And for the raising and inbringing of the said Excise , His Majesty , and the Estates of Parliament do hereby Appoint and Authorize the Commissioners of the new Supply , appointed in another Act of this present Session of Parliament to be the Commissioners of the Excise , during the respective Endurances of the said two Excises , for the several Shires , for the end foresaid , and the Royal Burghs to have the same number of Commissioners , as was appointed by the fourteenth Act of the Parliament 1661 , impowering them fully for that effect , conform to the Rules and Orders formerly Enacted for raising and inbringing the former annexed Excise upon Malt : As also to set down and cause observe such other Rules as they shal judge necessary , agreeable always to the Acts of Parliament already made about the foresaid Excise . And that the said Excises on Liquor may arise more equally , it is hereby Statute , That during the Concurrence of the said two Excises , the lowest Price of Ale or drinking Beer to be brewed and vented and sold for hereafter , shal in all Burghs , where the Burgh hath an particular Imposition on Malt or Liquors , be twenty eight pennies for the Pint , to be payed by the Buyer to the Ventner or Tapster , and in all other Places , both to Burgh or Landward , two shilling the Pint , with Certification that the Ventner transgressing , by selling under the said Rates , shal be fined by the said Commissioners in the Sum often pound Scots at the instance of any other Brewer or other Complainer toties quoties , to be applyed by the saids Commissioners for Pious and Publick Uses , within their respective Shires ; and further , be either put under sufficient surety to observe this Rule for hereafter , or if he cannot find surety , discharged to brew in time coming , at the fight of the saids Commissioners . And further , His Majesty , with Advice and Consent foresaid , doth hereby Declare and Enact , that if any Brewer in use to brew for sale and Change , shal give over brewing after the date of this Act , without an Allowance in writing from the Commissioners of Excise , for good and seen Causes , the said Brewer shal not be permitted to brew for Change , for the space of five years thereafter ; but shal be , and is hereby Discharged and rendered uncapable to do the same ; As likewise , it is hereby Statute and Ordained , that no person whatsoever , who have not been in use to brew for the service of themselves and their Family in time by past , shal presume to brew after the first day of September next to come , for their own and their Families use , and if they contraveen , that they shal be lyable in payment of the value of what they shal brew . And his Majesty , with consent foresaid , doth Ordain the said Commissioners to meet the first Tuesday of September next , at the Head Burgh of every Shire respective , and afterwards upon the first Tuesday of ilk Moneth where they shal appoint . And it is hereby specially provided , that if either Collector or Farmer , shal presume to raise or Levie the said Excise upon the Malt , or otherwise than upon the Liquor , he shal incurr the pain of an 100 Merks , toties quoties , to be decerned and exacted by the said Commissioners , or by the Lords of Privy Council , in case the saids Commissioners shal overlook the same : as also , that the Brewer assenting thereto , or complice therein , shal incurr the pain of fifty Merks , and also amitt and lose the Liberty of brewing , which Fines are also hereby appointed to be applyed ut supra : And it is hereby Declared , that if any Tacks-man or Collector , or other Person shal exact any thing over and above his Excise for the Discharges thereof , or for the Discharge of any other publick Dues whatsoever , it shal be repute as Oppression , and punished accordingly by the said Commissioners , who are hereby impowered to proceed against the persons guilty . And His Majesty , with Advice and Consent foresaid , do Authorize and Impower the Lords of Privy Council to prescribe such other Methods and Orders as they shal judge necessary for making this Act effectual . XXIX . ACT For Continuing the Additional Excise till March 1697 , with Three Months farder Cess . Iuly 16. 1695. THE ESTATES OF PARLIAMENT Taking to their further Consideration , the present State of the Kingdom , and publick Exigencies thereof ; Have thought fit to Offer , and do hereby Humbly & Heartily Offer to His Majesty , that the Additional Excise of Two Pennies upon the Pint of Ale and Bear , and other Liquors Imposed for an Year , beginning the first of September next , by an Act of this Session of Parliament , be Continued from and after the expiring of the said Year , until the first of March 1697. And sicklike , the Sum of Two Hundred and Sixteen Thousand Pound , being Three Months Cess upon the Land-rent of this Kingdom , payable at the Term of Lambmas 1696 years , and that over and above the Six Months Cess already granted by another Act of this Session of Parliament : And accordingly His Majesty , with Advice and Consent of the said Estates , Statutes and Ordains , That the said Additional Excise hereby Continued as said is , and the said Three Months Cess payable at Lambmas 1696 , granted by this present Act , shall be raised , uplisted and ingathered from the persons lyable in payment , in manner and for the ends appointed by the saids two respective Acts above-mentioned . XXX . ACT For Preservation of Meadows , Lands and Pasturages lying adjacent to Sand-Hills . Iuly 16. 1695. OUR SOVERAIGN LORD Considering that many Lands , Meadows and Pasturages lying on the Sea-coasts , have been ruined and overspread in many places of this Kingdom , by Sand driven from adjacent Sand-hills , the which has been mainly occasioned by the pulling up by the Root of Bent , Juniper and Broom-Bushes , which did loose and break the Surface and Scroof of the saids Hills ; and particularly Considering that the Barony of Cowbin , and House and Yards thereof , lying within the Sheriffdom of Elgin , is quite ruined and overspread with Sand , the which was occasioned by the foresaid bad practice of pulling the Bent and Juniper . Therefore His Majesty , with Advice and Consent of the Estates of Parliament , for preventing of the like Prejudices in time coming ; Does strictly Prohibite and Discharge the pulling of Bent , Broom , or Juniper off Sand-hills for hereafter , either by the Proprietors themselves , or any other whatsomever , the same being the natural Fences of the adjacent Countries to the saids Hills ; Certifying such as shall Contraveen this Act , they shall not only be lyable to the Dammages that shall there-through inshew , but shall likeways be lyable in the Sum of Ten Pounds of Penalty ; the one half thereof to belong to the Informer , and the other half to the Judge within whose Jurisdiction the said Contravention shall be committed . XXXI . ACT For turning the Tack of the Pole 1693 , into a Collection . Iuly 16. 1695. OUR SOVERAIGN LORD Considering , that albeit the Pole granted by Act of Parliament , in the year 1693 , was Set by the Lords of Thesaury and Exchequer , to the Lord Ross , Sir Iohn Cochran of Ochiltrie , and others mentioned in the Tack thereof , for the Sum of Fourty four thousand one hundred Pounds Sterling of Tack-Duty , as the Tack in it self bears : Yet the Levying of Money by Pole being new , and the Countrey and others concerned , not observing the Rules and Ordinances contained in the Act of Parliament thereanent , but through their Failzying , incurring the Quadruples appointed by the said Act by way of Penaltie ; the foresaids Tacks-men were not able to pay the foresaid Dutie , unless they had been allowed to exact the foresaid Quadruples , which had visibly tended to the great oppression and disturbance of the whole Kingdom . THEREFORE , and in so singular a Case , which His Majesty is resolved shal never be drawn into Example , His Majesty with the Advice and Consent of the Estates of Parliament hath Liberated and hereby Liberates the foresaid Tacks-men , and all others concerned therein , from the said Tack and Tack dutie , Discharging and Exonoring them of the Samen , but with this Condition and Provision . Likeas His Majesty with Advice foresaid , hereby Statutes and Provides , That the foresaid Tacks-men shal make just Compt and Reckoning of all their Intromissions with the said Pole-money , Sicklike as if they had only been Collectors , and instead of the said Tack had got a Commission allanerly for that Effect , with and under always the Particular Conditions following , First , that the said Tacksmen be Lyable for all the Sub-Collectors and Managers Imployed by them . Secondly , that all their Books be made Patent , and Examined . And that the Tacks-men and their Sub-Collectors be examined upon Oath , as to the verity thereof , and whether there be any thing Omitted . Thirdly , that in case it be found , there was any thing Received from the Countrey , not given up in the Books : That the Tacks-men , or their Sub-Collectors be lyable in Twenty Shilling , for each Shilling so Omitted . Fourthly , that the Rolls of the Poleable persons taken up by the several Justices of Peace , Magistrats of Burghs , and others be produced to be compared with the Books . Fifthly , That a few Comptrollers be appointed to examine Books , and Accompts , and adjust the whole Matter , and that the Leidges be Invited & Encouraged to Comptroll the said Accompts , and that they be patent at a publick Office for a reasonable time to all the Leidges for that end . Sixthly , that the Order of Payment , viz. of the Countrey in the First place , and then of the Forces , as Prescribed by Act of Parliament , be duely and strictly observed by the Commission after-mentioned . Seventhly , that upon Accompts Instructed and Liquidat , in due manner , Retention be allowed by the commission to those to whom the said Accompts are due , in the Terms of the Act of Parliament . Eightly , that where any Sub-tack hath been Set by the said Tacks-men , the Sub-tacksmen have in their Option , either to pay the Sub-tack-duty , or make Compt , Reckoning and Payment of their Intromission , as Sub-collectors . Ninthly , that no Sallaries be allowed , or given to the said Tacks-men , or their Sub-tacks-men for their Collecting . And to the Ef-fect , the said Compt and Reckoning may proceed ; His Majesty with Advice and Consent foresaid ; Hereby Nominats and Appoints the Duke of Queensberry , the Earls of Linlithgow and Levin , Sir Iohn Lauder of Hattoun , the Laird of Livingstoun , the Laird of Torwoodlie , Sir William Hamilton , Sir Archibald Mure , and William Menzies Commissioners , three of every State , Chosen by the Parliament , for that Effect , whereof any five to be a quorum , to meet at Edinburgh the first Lawful day after the Riseing of this Session of Parliament , and thereafter at such days as the said Commission shall Appoint . Likeas one of the Commissioners of His Majesties Theasury is Allowed to be Present , with Right to Vote , But so as his Presence shall not be necessary to make up the foresaid quorum , with Power to the said Commissioners to take in the Accompts of the said Tacks-men their Intromission , as if they had been Collectors , and to make them Accompt for their Collection , in manner , and under the Conditions Above set down ; And to Determine all Differences betwixt the said Tacks-men and the Countrey , and the Officers , and Souldiers , anent the Premisses : As also with Power to the saids Commissioners to do every thing necessary , for Inbringing of what , is yet resting unpayed of the said Pole by the Countrey , and for making the same effectual ; and also to Decide , and finally Determine all Questions , that may arise concerning the Preferrence of the Officers of the Army Interested , or their being brought in equality to get their Shares of Payment out of the Subject of the said Pole , as likeways with Power to them , to allow , or not to allow Expenses for Inbringing the said Pole to the said Tacksmen , and their Subtacksmen now turned to Collectors , and Sub-collectors as they shal see Cause : And generally to do all other things anent the Premisses , that they may bring the foresaid Tacksmen their Intromission and Collection to a clear State and Ballance , and also for In-gathering what shal be found Resting of the said Pole-money , either in the hands of the said Tacksmen , or in the hands of any other Person lyable therein , and cause pay in the same to His Majesties General-Receiver of the Crown Rents , providing that the said Commissioners use the same and no other Method or Diligence for Ingathering than what is Prescribed for In-gathering of the New Pole : The Quadruples in the Act anent the Pole 1693 being hereby Expresly Discharged , and farder , with Power to apply the whole neat Product thereof by Precepts on the said General-Receiver , Conform to the Destination contained in the Act of Parliament , and in the Order , and under the Certification therein specified : And it is hereby farder Declared , that for what shal be still found Resting by the said Tacks-men , after Just Compt and Reckoning , their Cautioners for the foresaid Tack-dutie shal be lyable therefore , notwithstanding that the foresaid Tack be hereby Disolved and turned to a Commission or Collection as said is ; and it is farder hereby provided that the Commissioners above-named shal be , and are hereby Appointed to be , Commissioners for Calling for , Examining , and Concluding the Accompts of the three Months Cess , viz. And of the Hearth-money , Imposed in the year 1690 , with Power to them to call all Collectors , Intromettors , and other Persons concerned , in so far as they have not Compted to , and got Discharges from the Lords of Thesaurie , and make them Compt , Reckon , and Pay as accords ; and farder to take such Methods as they shal think fit , to uplift and bring in the Rests of the said Hearth-money yet Resting by the Countrey , according to the Orders and Proclamations already given and Emitted in that Matter , and to Appoint Collectors for that End , or Farm the same as they shal think fit , and Generally to do all other things necessary , for the full and final Clearing of the said three Months Cess and Heart-money ; and farder the said Commissioners are hereby Impowered to put the whole of the said Pole-money hereby Ordered to be Compted for , to a Roup , and Assign , and ajudge the same to the highest Offerer , with this provision that it shal not be Rouped for less than Thirty thousand Pound Sterling , and that the said highest Offerer have the , whole Powers hereby given to the said Commission for In-gathering thereof , and this Power is also extended to the Rouping of the Rests of the said Hearth-money as they shal see Cause . And lastly it is hereby Declared , that if any of the saids Commissioners shal happen to Depart this Life , His Majestie shal have the Naming and Appointing of one in his place out of the same state to whom the Person Deceasand belonged . XXXII . ACT For Encouraging the Exportation of Victual . Iuly 17. 1695. HIS MAJESTY AND ESTATES OF PARLIAMENT Considering , That the Grains of all sorts , are the greatest Product and Commodity of this Nation ; and Considering how necessary it is for the Promoving of Tilladge , and Improvement of Trade , to the best Advantage of the Kingdom , that an effectual Encouragment be granted for Exportation of Corns and Victual furth thereof . Therefore His Majesty , out of his Royal Bounty , with Consent of the Estates of Parliament , Statute and Ordain , that all sorts of Grains exported out of the Kingdom after Martinmas 1696 , shall be free of any Dues formerly payable for Exportation ; and that for encouraging Export after the said Term , there shall be given out of the Customs to the Exporter , upon his Oath of Verity , of the number of the Bolls exported , Subscribed with his Hand , and Attested by the Collector of the next adjacent Custom-house , Eight Merks for ilk Chalder of Grain , that shall be exported by Sea or Land , when they shall not exceed the Prices following , viz. when Wheat is at or under Twelve Pound the Boll ; Bear , Barley , and Malt , at or under Eight Pound per Boll ; Pease , Oats , and Meal , at or under Six Pounds per Boll ; all the saids Grains being of Linlithgow Measure . With this Provision always , that the said Exportation shall be by Scots Men , or in Scots Ships ; and that the Master and Three Fourth Parts of the Seamen of the said ships , shall be Scots Men : As also , with this Provision , that when the Grains exceed the foresaids Rates , the Lords of His Majesties Secret Council may Discharge the Exportation of Victual of all sorts , ay and till the Grains fall to the Prices foresaid . XXXIII . ACT For the Levies . Iuly 17. 1695. THE ESTATES OF PARLIAMENT Considering how necessary it is , that during this present War , which so much concerns the Defence and Security of the Protestant Religion , and of His Majesties Kingdoms , certain Rules and Orders should be laid down for Recruits and Levies , as they shall be found needful , whereby both the Kingdom may be delivered from the frequent Disorders and Oppressions of pulling away poor Men from their Wives and Children , that cannot subsist without their Handy-Labour , and the Engaging and Seising of other unfit men , no ways proper for the Service , which hitherto hath been found a most sensible Grievance , and whereby also His Majesties Service , for the Maintaining and Carrying on of the said War , may be more effectually Promoted : And the said Estates taking likeways into their Consideration , that all Heretors , and the superior sort of His Majesties Leidges , do really Contribute to the foresaid War , by their paying of Supplies , Pole-money and Excise , and other publick Burdens ; whereby it seems most reasonable , that the inferior sort , that Contribute little or nothing , specially such who are young Men , without Wives or Children , and do Earn their Living by Dayly Wages , or Termly-hire for their Handy work , and who by the Laws of the Land may be compelled to serve , His Majesties other good Subjects should be made lyable to contribute their Service for a certain space in the foresaid War , which is manifestly most necessary for the Defence and Security of themselves and the whole Kingdom , beside the other Advantages of Profit and Honour that thereby may accrew to them . Therefore His Majesty , with Advice and Consent of the Estates of Parliament , Statutes and Ordains , that until the next Session of this Parliament , and for the Service of the present War , either at Home or Abroad , there shall be furnished to His Majesty , the Number of One Thousand Men Yearly , when His Majesty shall Require them , to be Proportioned and Levied , conform to the Rules and Proportions contained in the Act 1663 , Intituled , An Humble Tender to His Sacred Majesty of the Duty and Loyalty of His antient Kingdom of Scotland , as to the Twenty thousand Foot therein-mentioned ; which Thousand Bodies of Men , shall be Furnished and Levied , without any Charge or Burden of Money on the Country whatsomever , in this manner , Viz. That the Commissioners of Supply for the respective Bounds where the said Proportions shall fall , first design , and cause be given , the Idle , Loose and Vagabond Persons , lyable by former Acts of Parliament , to be seised by Sheriffs , and who have not Wife and Children , to make up the foresaid Number ; and in the next plate , shall cause all the young Feasible Men of the Bounds , not having Wife and Children , and who are not Menial or Domestick Servants to any Heretor , but Earn their Living by Dayly Wages , or by Termly Hire payed them by other Masters for their Handy-Labour ; to meet at certain Days and Places , and there by Lot , and throwing of the Dyce , or otherways as they shall think fit , Determine which of them shall go furth to serve as Souldiers , with this Provision , that the foresaid persons being all first listed by the said Commissioners , and appointed to Meet as said is , if any of them shall be absent , any Heretor to be appointed by the said Commissioners , shall throw for him , and if the Lot shall fall on that person absent , or if he shall be otherways designed to be put furth by the said Commissioners , he shall be lyable in all time thereafter as a Deserter , sicklike as if he had been present ; and with this Encouragement to the whole foresaid Persons , to be put furth in manner foresaid , that they shall have Twenty Pounds Scots payed them in ready Money , by the Officer who receives them , at the sight of one of the said Commissioners ; and in the next place , that their being put furth and engaged as said is , shall not oblige them longer to be and continue Souldiers , then for the space of Three Years , and the first of November after the said years , from the time of their said Engagment , at which time they shall have an authentick free Pass , unless they Subscribe a new Consent to continue longer in the Service . And the further Execution of this Act , that the foresaid Levies and Recruits may be effectually raised in the most easie manner , is Referred and Recommended to the Lords of His Majesties Privy Council , who are hereby thereto fully Impowered , during the continuing of this War , and no longer . And after so just a Condescendance for Facilitating of Levies and Recruits , It is hereby Statute and Ordained , that no Officer , either at Home , or from Abroad , offer to take on or press any free Leidge to be a Souldier , unless the Man be ta●en on by Agreement , owned by him in presence of the Judge of the Bounds ; and if any Officer shall Contraveen this Order , and Press or Compel any Man , contrait to the Rule hereby established , that it be reckoned Oppression , and the Transgressor punished by the Fine of a Months Pay , and farder by Imprisonment , or Breaking and Casheiring , as the Lords of Council shall think fit . And it is farder hereby Statute and Ordained that all Officers exacting Lodging , Coal and Candle gratis , for themselves , their Wives or Children , shall loss and tyne their Commission ; and that all Souldiers Exacting Lodging , Coal and Candle gratis , for their Wives and Children , shall be lyable for the Parties Dammage , to be payed by their Commanding Officers , at the sight and appointment of any Magistrat within Burgh , or other Judges to Landward ; Certifying the Officer failieing herein , that he shall be lyable in Three Months Pay , and farder punished as the Lords of Council shall appoint ; which Fines are also to be applyed for reparation of the Parties in the first place , and the Superplus as the Council shall think fit . XXXIV . ACT For Additional Imposition upon Forraign Commodities Imported . Iuly 17. 1695. THE Estates of Parliament , Considering the great Concessions granted by His Majesty in this present Session of Parliament , in Favours of the natural Product of this Kingdom , by the Encouragment given for the Exporting of Corns , and the many Priviledges allowed for the Improvement of Trade and Manufactories , and that it is reasonable , there should be such Additional Duties and Customs laid upon Forraign imported Commodities , in requital for His Majesties gracious favour , Do with all humble Duty and Thankfulness , Offer to His Majesty the additional Duties upon the Forraign Commodities after-mentioned , and that by and attour what they were formerly lyable unto by Acts of Parliament preceeding the Date hereof , as by the following Table ,   Lib. sh. d. Imprimis , Upon all Wine imported from France of New-Duty 18 00 00 Which with the 30 lib. scots formerly imposed by the Privy Council upon the account of the Sumptuary Act , makes in all per Tunn 48 00 00 Item , Spanish Wine from Spain , the Imposition formerly imposed by the Council , is hereby ratified , which is per Tunn . 30 00 00 Item , On Brandy , the former Duty of Twenty pound sterling , being ordinarly reduced by the Lords of Thesaury and Farmers to Twelve pound sterling ; there is added of New-Duty per Tunn , by and attour the said 12 lib. 72 00 00 Item , Upon Mum-Bear , over and above the old Duty , there is hereby added of New-Duty per Barrel 06 00 00 Item , On Tobacco in Leaf , not from the Plantations of New Duty per pound 00 02 00 Item , On Tobacco in Roll not from the Plantations , of New-Duty per pound 00 04 00 Item , On all French Wines imported from Holland , or any where else not of the Growth of the place from whence it is Exported , by and attour the above-written Duty , there is added of New-Duty per Tunn 30 00 00 Item , On all Spanish Wine from any place except Spain of New-Duty per Tunn . 48 00 00 Item , On Raisins and Currens from any place not of the Growth from whence they are Exported per hundred Weight , of New-Duty . 02 8 00 Item , On Figgs imported after the same manner per 100 Weight of New-Duty 01 8 00 Item , On Sugar in Loaf imported , of New-Duty per 100 Weight 03 00 00 Item , On Soap imported , of New-Duty per Barrel . 02 00 00 Item , On all sorts of Wrought Silks , Silk-Plushes , Stockings , of New-Duty per pound weight 01 10 00 Item , On all sorts of Silks wrought of Gold and Silver , per pound weight of New-Duty 03 00 00 Item , On all Silver and Gold Fringes , Silver and Gold Laces , Gallouns and Embroideries imported , per pound weight of New-Duty 03 00 00 Item , On all Forraign Laces and Points imported , of New-Dutty Ten per Cent value Item , On all Forraign Woollen Cloath imported , of New-Duty per Eln 00 12 00 Item , On all Forraign Sarges and Worsted-Stuffs imported , of New-Duty per Eln 00 06 00 Item , On all Forraign Flannels , Fingrums , of New-Duty per Eln 00 04 00 Item , On all Linen-Cloath imported from Forraign Countries , of New-Duty per whole Piece at 36 Elns 12 00 00 Item , On the Half-Piece of Forraign imported Linen-Cloath of New-Duty 06 00 00 Item , On all Silesia-Linnen , of New-Duty per Piece being 5 Elns , 01 00 00 Item , On all Threed imported , of New-Duty five per Cent value Which Duties and Customs above specified , Our Soveraign Lord with Advice and Consent of the Estates of Parliament , Statute and Ordain to be payed by all Merchants and other Importers of the said Forraign Commodities , in the same manner as the other Duties to which they were formerly lyable ; And Ordains all Farmers , Collectors , Surveyers and others , to In-gather the same , and that after the same manner they do His Majesties other Duties upon Forraign imported Commodities , and that from and after the Term of Martinmass 1696 years : And hereby Discharges the said Collectors , Farmers , Surveyers , and other In-bringers of His Majesties Customs to Transact , Abate or allow of any Defalcation of the Additional Duties above-specified , under the pain of Deprivation of their Offices , and losing the Benefite of their Tacks . XXXV . ACT Anent burying in Scots Linen . Iuly 17. 1695. OUR SOVERAIGN LORD , with Advice and Consent of the Estates of Parliament , for the better improvement of the Manufactory of Linen within the Kingdom , and restraining the Import of all Forraign Linen , Doth hereby Ratify and Approve the sixteenth Act of the Parliament 1686 Intituled , Act for burying in Scots Linen , in the hail Heads and Articles , thereof ; Ordaining the same to be put to strict Execution in all Points , with this Addition , that none presume to cause bury any in Scots Linen , in value above Twenty Shilling Scots per Ell , under the same pains set down in the foresaid Act against burying in Forraign Linen : And for the better discovery of the said Transgression , and Execution of the foresaid Act , and the Addition hereby made to it , His Majesty , with Consent foresaid , Statutes and Ordains , That the nearest Elder , or Deacon of the Parish , with one Neighbour or two , be called by the Persons concerned , and present to the putting of the dead Corps in the Coffin , that they may see the same done , and that the foresaid Act , with this present Addition is observed , and subscribe the Certificat , mentioned in the foresaid Act , and that whatever Relation , or other Friends of the Defunct present , and having the Charge of the burying , shal either fail in observing the foresaid Act , with this Addition , or to call the Elder or Deacon , with such Neighbours as may be Witnesses , or to send and give in the Certificat , appointed by the said Act , he or they shal be holden as Transgressours , and lyable in the Pains thereof ; which Pains are also hereby intirely applyed , and given to the Poor of the Parish : and any Elder or Deacon of the Parish is impowered to pursue for the same , for their use , nor shal any Pursuit for the said Fines be Advocat from the Inferiour Judge Competent , nor any Sist of Process given , nor shal any Decreet therefore be Suspended , but upon Discharge or Consignation allanerly . And it is further hereby Statute , That it shal not be leisom to any Person , to make or sew any sort of dead Linen , contrair to the foresaid Act , and this present Addition , under the pain of Fourty Merks toties quoties , for the use of the Poor , as said is . XXXVI . ACT Anent the Skinners . Iuly 17. 1695. OUR SOVERAIGN LORD the KINGS MAJESTY , with Advice and Consent of the Estates of Parliament , in pursuance of the many Good Acts made for the setting up , and maintaining of Manufactories , and particularly , of the Act 1661 , Intituled Act for Erecting of Manufactories ; and for the greater Incouragement of the Skinners of this Kingdom , towards the improvement of the Native Commodities of Wild-Skins and Lamb Skins , and the Art of that Craft , Do hereby Discharge all and every Person whatsomever , Native or Stranger , to Export out of this Kingdom any Wild-Skins , such as Wild-hyds , Dae and Rae , Roe and Roe-Buck , and Kid , with the Hair upon them , until they be made in Work , or dressed Leather , to the good of the Kingdom . As also , His Majesty , with Advice and Consent foresaid , Discharges all and every Person , Native or Stranger , to import any Forraign made Gloves , of whatsomever sort , Certifying such as shal do in the contrair , either by Export or Import , as said is , that they shal not only forefault the foresaids Goods , exported or imported , or the just value thereof , the one half to His Majesty , and the other half to the Informer , who shal prosecute the same before His Majesties Exchequer , but also be furder lyable to such Pecunial Fines , or other Punishments , as the Lords of His Majesties Exchequer shal think fit to inflict : Declaring that this Act shal commence and take effect after the first day of August next to come ; and impowering the saids Skinners , and any Merchands , or any others concerned with concurse of a Magistrat , to search for , and make seizure of the foresaid Goods hereby prohibited to be exported or imported . For the more effectual Execution of the Premises , and for the better Improvement of the said Skins , Our Soveraign Lord , hereby Ratifies and Approves the Act made be the Convention of Burrows , anent the sufficiency of Skins , and Ordains the Magistrats of all Burghs to put the said Act to due execution in all Points . And Lastly , it is hereby Declaired , that the foresaid Act of Parliament , for Erecting of Manufactories , and any allowance that may be therein given , for the Manufactoring of the saids Skins , shal be but prejudice to the Rights and Priviledges of the Craft and Incorporation of Skinners , in all , or any of the Burghs of this Kingdom . XXXVII . ACT Anent the Iusticiary of the Highlands . Iuly 17. 1695. OUR SOVERAIGN LORD Considering , That there was an Act of Parliament , made in the year 1693 , for the Justiciary in the Highlands ; Declaring , That His Majesty , by vertue of His Prerogative Royal , might grant Commissions of Justiciary for the said Bounds , with all Power , necessary and usual : Excepting thence , from the Bounds lying within the Heretable Right of Justiciary General , pertaining to the Earl of Argile , or any other Person , providing nevertheless that the foresaids Persons , whose bounds were excepted , should for the space of two years , be obliged to grant Commissions to the same persons , whom it should please his Majesty to Commissionat for their saids Bounds and Lands , which two years being now near expired , and it being necessary that the foresaids Commissions , after their expiration should be renewed : Therefore , His Majesty , with Advice and Consent foresaid , Does hereby prorogate the foresaid Provision , to the effect , and in the Terms aftermentioned , viz. That when the Commissions are granted by His Majesty , for the necessary repressing of the Depredations and Robberies , so frequently committed in the Highlands , for the saids Bounds not above excepted , the foresaids Persons having Right to the said Heretable Justiciaries General , shal grant ample Commissions for their respective Bounds at the same time , and to the same Persons ( at least to so many of them as are willing to act , by vertue of the saids Justiciaries Commissions ) to the effect the saids Commissioners , acting unanimously , within any part of the whole foresaid Bounds , the saids Crimes may be the more effectually punished and restrained , and that these Commissions may , and shal be granted , as said is , for the space of three years ; which is to begin after the present Commission granted by His Majesty is expired : Which Commissions shal continue all Powers necessary and usual in Commissions of Justiciary , without prejudice always to the whole foresaid Persons , and Lords of Regality , and all others of their several respective Rights and Jurisdictions , and also reserving the Right of Prevention , and the Right of Casualities and Escheats , in manner provided in the said Act. XXXVIII . ACT Concerning the Dividing of Commonties . Iuly 17. 1695. OUR SOVERAIGN LORD , With Advice and Consent of the ESTATES OF PARLIAMENT , for preventing the Discords that arise about Commonties , and for the more easie and expedit Deciding thereof , in time coming , STATUTS and ORDAINS , That all Commonties , Excepting the Commonties belonging to the KING and Royal-Burrows ; that is , all that belongs to His MAJESTY in Property , or Royal-Burrows in Burgage , may be divided at the Instance of any having Interest , by Summons raised against all Persons concerned , before the Lords of Session● who are hereby Impowered to discuss the Relevancy , and to determine upon the Rights and Interests of all Parties concerned , and to value and divide the same , according to the value of the Rights and Interests of the several Parties concerned , and to grant Commissions to Sheriffs , Stewarts , Baillies of Regality and their Deputs , Justices of Peace , or others , for perambulating and taking all other necessary Probation , which Commissions shal be reported to the saids Lords , and the said Processes ultimatly Determined by them . And where Mosses shal happen to be in the said Commonties , with Power to the said Lords , to divide the said Mosses , amongst the several Parties having Interest therein , in manner foresaid ; or in case it be instructed to the said Lords , that the said Mosses cannot be conveniently divided , His MAJESTY , with Consent foresaid , Statuts and Declares , that the said Mosses shal remain Common , with free Ish and Entry thereto , whether divided or not , Declaring also , that the Interest of the Heretors , having Right in the said Commonties , shal be estimat according to the Valuation of their respective Lands or Properties , and which Divisions are appointed to be made , of that part of the Commonty that is next adjacent to each Heretors Property . XXXIX . ACT Discharging the Venting of Rum. Iuly 17. 1695. OUR SOVERAIGN LORD Considering , that the Brandy commonly called Rum made of Molossus , does hinder the Consumpt of strong Waters made of Malt , which is the Native Product of this Kingdom : As also , that the said Rum is rather a Drug than Liquor , and highly prejudicial to the Health of all who drink it . Therefore , His Majesty with Advice and Consent of the Estates of Parliament , Prohibits and Discharges the making of Rum , except allenarly for Export : Certifying the Contraveeners , that they shal lose and amit their Priviledges granted to them as Manufactories , and be otherways punished as the Lords of Privy Council think fit . XL. ACT Anent Letters Passing the Signet . Iuly 17. 1695. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament , for Reviving and Preserving the good Order that ought to be kept in the Passing of Writs under the Signet , Statutes and Ordains , that all Writs Passing under the Signet , called the Signet of the Lords of Session , be Subscribed by a Writer as Clerk to the said Signet : Excepting allanerly herefrom , Letters of Diligence in Processes before the Session , and Letters of Citation before the Parliament , which are to be Subscribed by the Clerks of Session . And His Majesty with Advice foresaid , Prohibits the Keeper of the said Signet , to affix the same to any Letters not Subscribed as above , any Custom or Practice in the contrary notwithstanding , and that as he will be answerable upon his Peril . XLI . ACT Anent Executry and Moveables . Iuly 17. 1695. OUR SOVERAIGN LORD Considering , that the Law is Defective , as to the Affecting with Legal Diligence , the Moveable Estate which pertained to a Defunct , either for his own , or his nearest of Kins Debt , in such manner as a Defuncts heretage , may be affected by Charging to Enter Heir in the known manner : Doth therefore , with Advice and Consent of the Estates of Parliament , Statute and Ordain , that in the case of a Moveable Estate left by a Defunct , and falling to his nearest of Kin , who lyes out , and doth not confirm , the Creditors of the nearest of Kin , may either require the Procurator-Fiscal to Confirm and Assign to them , under the Peril and Pain of his being lyable for the Debt , if he refuse ; or they may obtain themselves Decerned Executors Dative to the Defunct , as if they were Creditors to him : With this Provision always , that the Creditors of the Defunct , doing Diligence to affect the said Moveable Estate within year and day of their Debitors Decease , shall always be preferred to the Diligence of the said nearest of Kin. And it is further Declared , that in the case of any Depending Cause or Claim against a Defunct the time of his Decease , it shall be Leisum to the Pursuer of the said Cause or Claim , to Charge the Defuncts nearest of Kin to Confirm Executor to him within twenty days after the Charge given , which Charge so execute , shall be a Passive Title against the Person Charged , as if he were a Vitious Intromettor , unless he Renunce , and then the Charger may proceed to have his Debt constitute , and the Haereditas Iacens of Moveables Declared lyable by a Decreet Cognitionis Causa , upon the obtaining whereof , he may be Decerned Executor Dative to the Defunct , and so affect his Moveables in the common Form. XLII . ACT Allowing the Administrators of the Common Good of Burrows , to Adventure their Stocks , or any part thereof , in the Company of Forraign Trade . Iuly 17. 1695. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament , for the Encouragement of the Undertakers for Forraign Trade , conform to an Act made in their Favours in this present Session of Parliament , Intituled , Act for a Company Tradeing to Affrica and the Indies , doeth hereby Statute and Declare , that it shall be Leisum to the Magistrats and others , the Administrators of the Common Good of Burghs ; As also , to the Deacon , Masters , and other Administrators whatsoever of any Incorporation , or Body , or Company Incorporat , or Collegiat within this Kingdom , to Adventure and put in Money belonging to their respective Administrations , for a Share and Part to be Purchased to the saids Burghs and Incorporations in the said Company mentioned in the said Act , bearing the name of the Company of Scotland Tradeing to Affrica and the Indies , in the Manner and in the Terms provided within the said Act , and that their putting in the Money of the said Burghs . Incorporations , under their Care and Charge , and Adventuring the same in the said Company , shall be repute and held for a Deed of lawful Administration , and though the Success and Event thereof , should happen not to be Prosperous , yet it shall never be construed to be a Deed of Lesion against the said Administrators , but their Acting in this Behalf , is hereby Declared to be Lawful and Warrantable , for the Security of the foresaid Persons in all Events . XLIII . ACT Anent the Poor . Iuly 17. 1695. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament , doeth hereby Ratifie , Approve , and Revive all Acts of Parliament , and Acts and Proclamations of Council , for Maintaining of the Poor , and Repressing of Beggers , and Ordains them to be put to Vigorous Execution in all Points . And further , Impowers the Lords of His Majesties Privy Council , to take the most effectual Course to make the said Acts and Proclamation effectual , conform to the true Design thereof . XLIV . ACT Salvo Jure Cujuslibet . Iuly 17. 1695. OUR SOVERAIGN LORD Considering , That there are several Acts and others Past and Made in this Session of Parliament , in favours of particular Persons , without Calling or Hearing of such as may be thereby Concerned and Prejudged : Therefore His Majesty , with Advice and Consent of the Estates of Parliament , Statutes and Ordains , That all such particular Acts and others past in manner foresaid , shall not Prejudge say Third Party , of their Lawful Rights , nor of their Actions and Defences competent thereupon , before the making of the said particular Acts ; And the Lords of Session , and all other Judges within this Kingdom , shall be Obliged to Judge betwixt 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 Iure Cujuslibet . XLV . ACT Of Adjournment . Iuly 17. 1695. THE KINGS MAJESTY Declares this Parliament currant , and Adjourns the same to the Seventh Day of November , next to come ; Ordaining all Members of Parliament , Noblemen , Commissioners from Shires and Burghs , and all others having Interest , to Attend at Edinburgh that Day , at Ten a Clock ; and that there be no new Elections in Shires or Burghs , except upon the Death of any of the present Commissioners . Collected and Extracted from the Registers and Records of Parliament , by TARBAT , Cls. Registri . A TABLE Of the Printed Acts. Page 1 ACT for a Solemn Fast. 1 2 Act Regulating Citations before the Parliament . 3 3 Act Adjourning the Summer-Session till the first of Iuly 1695. 4 4 Act anent the Justice-Court . 5 5 Act anent Principals and Cautioners . 6 6 Act Regulating the Sale and Payment of Bankrupts Estates . 7 7 Act for Six Months Supply upon the Land-Rent . 8 8 Act for a Company Tradeing to Affrica and the Indies . 17 9 Act Adjourning the Session till the first day of November 1695. 23 10 Act for Pole-money . Ibid. 11 Act against Blasphemy . 27 12 Act against Irregular Baptisms and Marriages . 28 13 Act against Prophaneness . 29 14 Act for Restraining the Prophanation of the Lords Days , by keeping Weekly Mercats on Munday and Saturnday . 30 15 Act for Encouragment of Preachers at Vacant Churches be-north Forth 31 16 Act anent the Ease of Annualrents Due by Persons Restored , and anent the Creditors Diligence to be Used against them . 32 17 Act anent the Mint . 34 18 Act anent the Quorum of the Commission of the Teinds . 35 19 Act anent the Duty on Scots Muslin . 36 20 Act anent the Post-Office . Ibid. 21 Explanatory Act anent the Excise of Brandy . 39 22 Act against Intruding into Churches without a Legal Call and Admission thereto . 40 23 Act anent Lands lying Run-rig . 41 24 Act for Obviating the Frauds of appearand Heirs . 42 25 Act anent the Repetition of Fines . 44 26 Act Discharging Popish Persons to prejudge their Protestant Heirs in Succession . 45 27 Act concerning the Church . 46 28 Act for the Additional and Annexed Excises . 48 29 Act for Continuing the Additional Excise till March 1667 , with Three Months farder Cess . 51 30 Act for Preservation of Meadows , Lands and Pasturages lying adjacent to Sand-Hills . 52 31 Act for turning the Tack of the Pole 1693 , into a Collection . Ibid. 32 Act for Encouraging the Exportation of Victual . 55 33 Act for the Levies . 56 34 Act for Additional Imposition upon Forraign Commodities Imported . 58 35 Act anent burying in Scots-Linen . 60 36 Act anent the Skinners . 61 37 Act anent the Justiciary of the Highlands . 62 38 Act concerning the dividing of Commonties . 63 39 Act Discharging the Venting of Rumm . 64 40 Act anent Letters Passing the Signet . Ibid. 41 Act anent Executry and Movables . 65 42 Act allowing the Administrators of the Common Good of Burrows , to Adventure their Stock , or any part thereof , in the Company of Forraign Trade . 66 43 Act for Reviving the Acts of Council made anent the Poor . Ibid. 44 Act Salvo Iure Cujuslibet . 67 45 Act of Adjournment . Ibid. A TABLE Of the Acts and Ratifications past in the Fifth Session of His Majesties first Parliament , which are not here Printed . HIs Majesties Commission to Iohn Marquis of Tweeddule produced . The Earl of Annandale named President to the Parliament . Protestations several Noblemen , for their Precedencies in the Rolls of Parliament . Several Excuses offered for several absent Members , and received . His Majesties Letter , appointing the Lord Yester to sit and Vote in Parliament , in place of the Lord High Thesaurer . His Majesties Letter to the Parliament . Address of Condoleance for the Death of the Queen . Act anent the Election of the Burgh of Anstruther-Easter . An Address by the Parliament to His Majesties High Commissioner , for transmitting their humble Thanks to His Majesty , for ordering an Enquiry in the matter of Glenco . Act anent the Lords of Session who are upon Committees . Act in Favours of Evan M cgrigor . Decreet Sir William Scot of Hardin , against George M ckenzie of Rosebaugh . Warrand the Shire of Clackmannan for a new Election . Warrand for pursuing the Earl of Broadalbane . Act for a General Contribution for relief of some Captives . Recommendation in Favours of Mrs. Martin . Decreet Sir Iames Ramsey and his Lady , against the Earl and Countess of Seaforth . Act in Favours of Sir Thomas Livingston . Decreet against Mr. Thomas Craven , Mr. Andrew Burnet , and Mr. Alexander Thomson . Decreet the Earls of Roxburgh , Haddington , Galloway , and others , against the Earl of Lothian . Decreet in favours of Mr. Thomas Skeen . Protestation the Earl of Lothian , against the Earl of Roxburgh and others . Act in favours of the Kings Colledge of Old Aberdeen . Decreet the Co-heirs of Carnock , against Nicolson of Tilly-Cultry . Act in favours of the Children of the first marriage of the Earl of Melfort . Decreet of Forefaulture , against the Earls of Midleton● Melfort , and Sir Adam Blair . Act in favours of Collonel Hill. Reference the City of Edinburgh and Earl of Melvill . Recommendation in favours of Sir David Carnegy of Pittarow . Recommendation in favours of the Laird of Lundy . Act in favours of Gilbert Meuzies of Pitfoddels . Act in favours of Mr. Thomas Craven , Mr. Andrew Burnet , and Mr. Alexander Thomson . Act and remit the Town of Edinburgh and AEneas M cleod . Act in favours of Iames Lyel . Act in favours of Sir Alexander Hope of Kerse and others : Remit Process of Forefaulture against the Rebels in France , depending before the Parliament to the Justice Court. Order for apprehending Lieutenant Collonel Hamilton . Order anent Mr. Alexander Barclay . Act anent Mr. Bernard M ckenzie . Order anent Mr. Gilbert Ramsey . Act in favours of the Burgh of Cullen . Order for re printing of the Act for the Supply . Address to His Majesty anent the Slaughter of the Glencoe-men . Protection in favours of the Glencoe-men . Recommendation in favours of the Laird of Grant. Act for a Manufactory of White-paper . Order anent the Clerks and Collectors of Supply . Act and remit the Laird of Rothemay and Abernethy of Mayens . Act in favours of the Linen-manufactory . Act in favours of the Lord Frazer . Decreet Sir Iohn Dempster of Pitliver , against the Earl and Countess of Seaforth . Remit in favours of the Lady Dowager of Beilhaven . Remit Clara and Patricia Ruthvens , and Sir Alexander Hope of Kers . Recommendation in favours of Alexander Duff of Braco . Recommendation in favours of the Synod of Argile . Recommendation in favours of the late Bishop of Argile . Order and Warrand anent Iohn Dick and the Town of Stirling . Recommendation in favours of Heriots Hospital . Act in favours of the Laird of Hoptoun . Act and Commission for reviseing the Laws . Act in favours of His Majesties Advocat . Act in favours of the Town of Air. Act in favours of the City of Aberdeen . Act in favours of the Town of Irwin . Act in favours of the Laird of Colloden . Act in favours of the Earl Marischals Colledge of Aberdeen . Recommendation in favours of Sir Thomas Stewart of Kirkfield . Recommendation in favours of Sir Colin Campbel of Abberuchil . Recommendation in favours of Duncan Forbes of Culloden . Recommendation in favours of the Children of the first and second Marriage of Sir Andrew Dick. Recommendation in favours of Elizabeth Duncan and her Son. Recommendation in favours of Mrs. Gillespy . Recommendation in favours of Captain Walter Lockhart of Kirktoun . Remit Mr. Iames Da●s and Iames Hay of Carribber to the Session . Act and recommendation in favours of Iames Bain . Remit in favours of Iames Crawfurd of Montquhanny , Sir Thomas Kennedy , and others . Recommendation in favours of the Laird of Kilmaronock . Remit in favours of the Laird of Glenkindy and Sir Adam Blair . Remit Mr. Alexander Heggins and Iohn Callender . Act in favours of George Baylie of Ierviswood . Recommendation in favours of William Boig . Recommendation in favours of the Laird of Culbin . Order the City of Edinburgh and the Laird of Comistoun . Act in favours of the Laird of Langtoun . Act in favours of William Beatty . Recommendation in favours of the Burgh of Fortross . Recommendation in favours of Iohn Spotswood . Decreet in favours of Mrs. Lilias Stewart . Act in favours of Iames Curry late Provost of Edinburgh . Act in favours of Comb-makers . Act in favours of Alexander Fearn . Act in favours of William Scot and Iohn Heislop . Act anent the Earl of Broadalbane . Recommendation in favours of the Macers and Keepers of the Parliament House . Act in favours of Robert Douglass . Act in favours of Iohn Adeir and Captain Slezer . Act in favours of Whitefield Heyter , and others . Act in favours of the Heirs of Taylzie of Mauldsly . Act for erecting a publick Bank. Act in favours of the Burgh of Dysart . Act in favours of the Burgh of Culross . Acts for several Fairs and Weekly Mercats . Act and Ratification in favours of Sir Iohn Hall of Dunglass . Ratification in favours of the Chyrurgions and Chryurgion-Apothecaries of Edinburgh . Protestation the Town of Edinburgh against the same . Ratification in favours of the Nine Trades of Dundee . Protestation the Walkers and Litsters of Dundee against the same . Ratification in favours of the Burgh of Breichen . Ratification in favours of the Candlemakers of Edinburgh . Ratification in favours of the Walkers and Litsters of Dundee . Protestation the Town and Trades of Dundee against the same . Ratification in favours of Alexander Spittel of Leuchit . Ratification in favours of the Piriwig-makers of Edinburgh . Ratification in favours of Iames Lindsay of Dovehill . Ratification in favours of the Cowpers of Glasgow . Protestation the Town of Glasgow against the same . Ratification in favours of William Rai●ly of Brunsfield . Ratification in favours of the Laird of Rowallan . Ratification in favours of Sir William Stewart of Castle-milk . Ratification in favours of the Viscount of Tarbat . Protestation the City of Edinburgh against the same . Ratification in favours of Sir Iames Falcon●r of Ph●sdo . Ratification in favours of William Cunningham Brother to Gilbertfield , of the Lands of Kilbryde . Ratification in favours of James Turner . FINIS . These are Allowing the Two Acts , past in Parliament on the Twenty second Day of Iuly , One thousand six hundred and ninety Years , in Favours of Sir Patrick Home of Polwarth , now Lord Polwarth , to be Printed . TARBAT , Cls. Registri . ACT Rescinding the Forefaulture of Sir Patrick Home of Polwarth . Edinburgh , Iuly 22. 1690. OUR SOVERAIGN LORD and LADY the KING and QUEENS Majesties , and the ESTATES of PARLIAMENT Considering , That the Meeting of the ESTATES of this Kingdom , In the Claim of Right , Dated the Eleventh of April , One thousand six hundred eighty and nine years , Have declared , that the causing Pursue and Forefault Persons upon weak or frivolous Pretences , or upon lame and defective Probation , is contrary to Law ; And also , that all Forefaultures are to be considered , and the Parties laesed to be redressed : And having considered the Process of Forefaulture led and deduced before the Three Estates of Parliament , upon the twenty second of May , One thousand six hundred eighty and five years , against Sir Patrick Home of Polwarth in absence , with the Decreet and Doom of Forefaulture following thereupon , and that the Pretences insisted upon in the said Proces of Forefaulture , against the said Sir Patrick Home , Viz. His meeting with the deceast Mr. Robert Martine , and other Persons at the Places therein Lybelled , and discoursing with them of the extream Hazard that threatned the Protestant Religion , the Laws and Liberties of this Kingdom ; in case Iames then Duke of York would succeed to the Crown , and of the Ways and Methods then talked of in England , and such as might be taken in Scotland for preventing the same , and for his exclusion from Succession to the Crown ; are weak and frivolous Pretences , to infer the Crime of Treason ▪ As Likewise , that the Probation wa● lame & defective , seing it did confe●● of the Depositions , and Testimonies of Persons , who a little before hade been accused of the same pretended Crimes , and who , after submission made , and when their Lives and Fortunes were at the late Kings Mercy , had predetermined themselves by their Confessions and Depositions then emitted ; For albeit they were secured , as to their Lives , when they deponed before the Parliament , yet they having emitted their Declarations , when they were under the fear and apprehension of being Forefaulted themselves , and when they renewed their Confessions before the Parliament , they could make no alteration , unless they had declared themselves to be perjured , they having only adhered to the very same Testimonies formerly emitted , by them except the Earl of Tarras , who depons of new , and not upon his Declaration formerly emitted , but proves nothing against the said Sir Patrick Home . And also considering , that there is nothing proven by the Witnesses , in habit , as they were against the said Sir Patrick , of his being upon , or privy to any Design or Contrivance against the Person and Life of King Charles the Second , and that the Testimonies do not concur and agree in any particular Fact , which by the Common Law or Custom could infer the Crime of Treason against the said Sir Patrick . And likeways having considered the Act of Adjournal of the Justice Court , of the date the day of One thousand six hundred eighty years , upon which the said Sir Patrick Home was denounced Fugitive , for not compearance ; and that there was no relaxation raised , until a few Days before the dyet of Compearance in Parliament ; though neither he had the offer of an Indemnity , nor was for the time in open Rebellion , so that he had not tutus accessus , and that the saids pretended Crimes , lybelled in the said Act of Adjournal , are the same contained in the foresaid Sentence of Forefaulture before the Parliament . Therefore , Their Majesties , with Advice and Consent of the Estates of Parliament , Do hereby , by way of Justice , Rescind , Retreit , Cass , and Annull , the foresaid Decreet , and Sentence of Forefaulture , pronounced against the said Sir Patrick Home , and all Gifts of Forefaulture , if any be granted , by the late King Iames , of the said Sir Patrick his Estate , or any part thereof , to any Person or Persons whatsomever : And the foresaid Act of Adjournal , with all that has followed , or may follow thereupon : And declares the said Decreet and Sentence of Forefaulture , and Act of Adjournal to have been from the beginning , to be now , and in all time coming void , null , and of no avail , force , strength nor effect : and restores the said Sir Patrick Home , his Children and Posterity against the same , in integrum ; and Rehabilitating them to their Blood-right , and Benefit of Succession , Name and Fame , sick-like , and as freely in all respects , as if the said Decreet and Doom of Forfaulture had never been given , nor pronounced . Rescinding hereby the Act of Annexation of the said Sir Patrick , his Estate to the Crown ; and dissolving the same therefrae . As also , Their Majesties , with Consent foresaid , Decerns and Ordains , all the Intrometters with the Lands , Rents , Goods and Gear , or other Estate , moveable or immoveable , pertaining and belonging to the said Sir Patrick Home , to be lyable for , and refound the famine to him , his Heirs , Executors or Assigneys , and that Letters may be direct for that effect , in Form as effeirs ? And their Majesties , and Estates of Parliament , Statute and Ordain , that this present Act shal have full force , strength , and effect of a publick Law , in favours of the said Sir Patrick Home , and others aforesaid . And it is hereby Declared , That this present Act is , and shal be understood to be excepted from the Act Salvo Iure to be past in this present Parliament . ACT Dissolving Sir Patrick Home of Polwarth his Estate from the Crown . Iuly 22. 1690. FOrasmuch as , by an Act and Sentence of this present Parliament , the Doom and Sentence of Forefaulture , pronounced in anno One thousand six hundred eighty and five , against Sir Patrick Home of Polwarth , is ex Iustitia , Reduced and Rescinded : and that by an Act of the Sixteenth of Iune , One thousand six hundred eighty and five , the Estate and Lands belonging to the said Sir Patrick Home were formerly annexed to the Crown ; Which Act of annexation is now also by the said Act Reductive in his Favours , Rescinded , and declared void : Therefore , and for the said Sir Patrick his more full and effectual Restitution , and without any derogation to the said Act Reductive , in his Favours , but accumulating Rights to Rights , Our Soveraign Lord and Lady , the King and Queens Majesties , with Advice and Consent of the Estates of Parliament , have dissolved , and hereby dissolves from the Crown and Patrimony thereof , the Lands and Barrony of Polwarth , the Lands and Barrony of Grein-Law and Reid-Path , with the Right of Patronages , and whole Pertinents thereof ; And Lands of with all other Lands , Rights and Estate , pertaining to the said Sir Patrick Home , and that in Favours of the said Sir Patrick himself , that he may bruick and enjoy the same as if he himself had never been forefaulted , or as if the saids Lands and Estate had never been annexed . Declaring that this present Act shal have the strength and effect of a General Law and Act of Parliament ; and shal be al 's Valid and Effectual to the said Sir Patrick , his Heirs and Successors , for their Security of the whole Premisses , as any other Act of Dissolution made and enacted at any time bygone , in Favours of whatsomever Person : and conform to all the Conditions required by Law , in Acts of that Nature . And farder , that this present Act of Dissolution , is , and shal be understood to be excepted from the Act Salvo Iure , to be past in this present Parliament . Extracted furth of the Records of Parliament , by George Viscount of Tarbat , Lord M cLeod , and Castlehaven , &c. Clerk to the Parliament , and to his Majesties Councils , Registers and Rolls .