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A58629 The laws and acts made in the second session of the First Parliament of our most high and dread soveraign James VII by the grace of God, King of Scotland, England, France and Ireland, defender of the faith holden at Edinburgh the 29 of Apr. 1686 by a noble earl, Alexander, Earl of Morray, Lord Doun and Abernethie, &c., Secretary of State for the kingdom of Scotland, His Majesties High Commissioner for holding this Parliament, 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 ...; Laws, etc. Scotland.; Moray, Alexander Stewart, Earl of, d. 1701.; Cromarty, George Mackenzie, Earl of, 1630-1714. 1686 (1686) Wing S1253; ESTC R15416 44,285 34

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Parliament re integra And found by the saids Estates to be for great weighty and reasonable Causes concerning the Good Wellfare and publict Interest of the whole Kingdom first Proposed and Advised and maturely Pondered and Considered in plain Parliament before any previous Grant Or other Right or Deed Given Made or Done by His Majesty in Favours of the said Lieutenant-General Drummond and his foresaids of the Lands and others above-mentioned or any Part or Portion of the same Does fully satisfie the whole Clauses Conditions and Qualifications contained in the foresaid Act of Annexation and shall have the Force Strength and Effect of a General Law or Act of Parliament and shall be as valid and effectual to the said Lieutenant-General Drummond and his foresaids for their Security of the Lands and Barony of Torwoodlie and others above exprest as any other Act of Dissolution Granted by His Majesty or His Royal Ancestors with Advice and Consent of the Estates of Parliament in Favours of whatsoever person at any time heretofore and that notwithstanding of any former Gift or Grant Given by His Majesties Royal Brother to the said Lieutenant-General Drummond which shall no ways weaken or Infringe this present Act of Dissolution or His Majesties Grant of the Lands and others above-exprest to follow thereupon Likeas His Majesty with Advice and Consent foresaid Finds Decerns and Declares That this present Act of Dissolution shall not be understood to fall under or be comprehended in any Act Salvo Iure To be past in this or any other Session of this current Parliament but is hereby excepted therefra in all time coming VIII Additional Act anent High-Ways and Bridges May 28. 1686. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament Ratifies and Approves the sixteenth Act of the first Session of the second Parliament of King Charles the Second of blessed memory Entituled Act for Repairing High-Ways and Bridges And the ninth Act of the second Session of the same Parliament and Ordains the same to be duly observed in time coming And for the more effectual Prosecution of these Acts His Majesty with Advice foresaid Doth Authorize and Require the Commissioners for His Majesties Supply in the several Shires to meet with the Justices of Peace and Act in the same manner as they are warranted to do by the foresaid Acts with Power to them at their first Meeting to choose their own Clerk And Declares That any five of the whole number shall be a Quorum excepting the Shires of Clakmannan Kinross and Cromartie wherein three to be a Quorum And Ordains the first Dyet of their Meeting for this year to be the last Tuesday of Iune next And that the Sheriff of the Shire or his Depute cause intimate that Dyet and the first Dyet of Meeting yearly thereafter at each Paroch Kirk upon the Sunday before under the pain of five hundred merks Scots And in case any of the Justices of Peace or Commissioners of Supply residing within the Shire shall be absent the said last Tuesday of Iune next or the first Dyet of meeting yearly thereafter they shall be fined by the Quorum mett in twenty merks Scots for ilk Dyets absence and in case a Quorum of them shall not meet the Sheriff or his Depute is hereby impowered to fine each of the absents in twenty merks Scots which fines shall be applyed for Reparation of the High-Ways and Bridges And whereas by the foresaid Act in the year 1669. The time for the Inhabitants to work at the Reparation of the High-ways is appointed not to exceed six Days yearly the first three years and four days yearly thereafter His Majesty in regard of the present Condition of the High-ways and Bridges Doth with Advice foresaid Ordain that these working Days shall be six yearly for the space of five years from and after the last Tuesday of Iune next and seing it falls out sometimes that Bridges and Ferries are upon the Confines of two Shires and it being just that both Shires in that case should be burthened with the Expence of Reparation His Majesty with Advice foresaid Doth Ordain the Justices of Peace and Commissioners of Supply in both Shires to meet and adjust the Expence of the said Reparation proportionally according to the respective Valuations of these Shires and that the Sheriffs of these Shires or their Deputs Conveen them and in case they do not meet Grants Warrant to direct General Letters for Charging them to that effect And His Majesty with Advice foresaid Declares That the several Shires and Burghs shall be holden to repair the present standing Bridges within their respective bounds and being repaired to uphold the same and if they suffer them to fall His Majesties Privy Council is hereby Impowered to fine them in as much as will Repair or Rebuild these Bridges And it is hereby Ordained That where Customs are Collected at Bridges or Causeys the same shall be imployed in the first place for Repairing these Bridges and Causeys IX ACT Of Annexation of the Baronies of Muir-hall and Melfort to the Crown June 8. 1686. OUR SOVERAIGN LORD and the Estates of Parliament Considering That by the first Act of the present Session of this current Parliament the Lands and Barony of Riccartoun the Lands and Barony of Cesnock and Galstoun with the Tower of Cesnock and Pertinents the Lands and Barony of Bar the Lands and Barony of Castlemains the Lands and Barony of Haining-Ross and the Lands and Baronie of Duchal and Porterfield with all other Lands Teinds and Rights whatsomever which formerly belonged to Sir Hugh and Sir George Campbels sometime of Cesnock and Porterfield sometime of Duchall were Dissolved from the Crown and Patrimony thereof To the end the same might be conveyed and Disponed in Favours of Iohn Lord Viscount of Melfort one of His Majesties Principal Secretaries of State his Heirs and Successors as a just Recompence and Reward of the good and faithful Services Done and Performed by him to the Crown and Kingdom particularly exprest in the said Act and in lieu and place of the Lands and Baronies after-mentioned wherein the said Viscount of Melfort stood Infest under the Great Seal and which were found expedient and necessar by the Estates of Parliament to be Purchast and Acquired from him by His Majesty for the Causes likewise mentioned in the said Act viz. The Lands and Barony of Muirhall comprehending therein the Lands of Inverneil Kilmoir Dounanoltich Craigmoirall Kilbryd Kilmorich Auchinbreck Melfort Kenmore Knaps Kilmorie Kilberrie Auchinsolloch Imstremich Barleamich Dannarderie Eunichan Kildalban Dargachie Cariedale Drumoir Crear Oib Muirhall and several other Lands Teinds and Rights mentioned in the Charter thereof Granted by His Majesty to the said Iohn Viscount of Melfort of the Date the ninteenth day of March One thousand six hundred eighty six years which did formerly pertain to Sir Duncan Campbel of Auchinbreck Iohn Campbel of Melfort Iohn Campbel of Knap Dougall Campbel of Kilberrie Patrick
Drop fifteen Grains whereof one hundred and five one five shilling piece and a Fraction of three shilling four pennies scots makes a scots pound weight The five shilling piece is to weigh according to the Denomination of Weights in the Mint one Denier nineteen Grains twelve Primes twenty one Seconds and according to the ordinary Denomination of scots weight one Drop seven Grains and a half whereof two hundred and eleven and a Fraction of three shilling four pennies scots makes a scots pound Weight It is always hereby Provided that if upon tryal it shall be found that the weight of the several species of the money appointed by this Act shall be any way prejudicial to the Interest or Trade of this Kingdom that in that caice His Majesty with Advice of His Privy Council may Rectifie or alter the same as they find Cause But because it may sometime fall out casually that money be not Coyned and Fabricat exactly in all things to the true Standarts of Weight and fineness above and after-specified THEREFORE His Majesty and Estates of Parliament Statute and Ordain that if it shall casually fall out that any species of Coyn to be Coyned for the future within this Kingdom be lighter or heavier than the Standart of Weight aforesaid the Officers of the Mint may Deliver the same providing always it be meerly accidental and casual and do not exceed the quantities afterspecified viz. Two Grains over or under the true Weight of every sixty or fourty shilling piece One Grain over or under the true Weight of every twenty shilling ten shilling or five shilling scots piece above-specified appointed to be Coyned by this present Act As also if the money in the species foresaid to be Coyned shall fall out accidentally to be a Grain finer or courser than the true Standart of eleven Denier two Grains upon every twelve Ounces Weight so to be Coyned the Officers of the Mint may Deliver out the money to the Merchants or others according to these remeeds of Weight and fineness above specified It is hereby always expresly provided that the Officers of the Mint shall by rio means Work and Fabricat the money with regard to the Remedies foresaid as they will be answerable at their highest peril And it is Statute and Ordained That they shall keep an exact Record of all these Remedies both of Weight and Fineness and Compt for the same yearly in Exchequer for His Majesties use And Appoints and Ordains in all time coming that the Essay-master shall take two pieces of every Journal that he shall cut off so much of one of the pieces as will make an Essay and shall put up the remainder and the other whole piece with the Reported Essay All which shall be put into the Pix the Wairden or Counter-Wairden being always present which is to be opened once every year in the moneth of December at the sight of the Privy Council And it is hereby Declared That the tryal of the Pix being made the whole Silver in the Pix is to be returned to the Master as his own and the Say-master is to have no part of it The Pix shall have three Keys one to be kept by the Lords of Thesaury or Thesaurer for the time being one by the General and one by the Warden principal of the Mint And His Majesty with Advice and Consent foresaid Doth Statute and Ordain That all the money to be Coyned for the time to come within this Kingdom shall be Lettered and Grained round the edges that is to say the sixty and fourty shilling pieces shall be Lettered the twenty ten shilling and five shilling scots pieces shall be Grained round the edges the particular Impression Inscriptions and Reverses As likewise what poportion of each species of money shall be Coyned in each Stone Weight of Silver are hereby left and Recommended to the Lords of His Majesties Privy Council who are by this present Act fully impowered to Consider and Cognosce upon the fineness and weight of the Gold Coyn when His Majesty shall think fit to Grant Warrant for the same and to Regulat Appoint and Determine the fineness weight and species of the said Gold Coyn and to Ordain and Appoint such Impression Inscription and Reverse as they shall see cause And His Majesty and Estates of Parliament Do further Statute and Ordain That no Copper shall be Coyned without His Majesties express Warrand And that all Copper which shall be Coyned conform to His Warrand shall be Coyned in two penny and six penny scots pieces and that fourty of the six penny pieces and sixscore twelve of the two penny pieces shall make a pound And Recommends to the Lords of Privy Council to appoint Tryal to be taken of the weight of every Journal of Copper before it go out of the Mint-House and what Profit shall arise by the Coynage of the Copper the Officers of the Mint shall be lyable to compt for the same to the Exchequer And His Majesty and Estates of Parliament Do hereby further Statute and Ordain That the sum of twelve thousand pounds scots of the Imposition aforesaid imposed by this present Act upon the Commodities above-specified shall be in all time coming set apart for payment of the Officers-fees maintaining of the Fabrick of the Mint and providing new Tools and other incident Charges relating to the Mint in manner after-specified viz. The General of the said Mint the sum of three thousand six hundred pounds scots as his Fee and Sallary the sum of two thousand four hundred pounds scots to the Master of the Mint and this over and above the sum of eighteen pounds money for every stone of Silver that shall be Coyned and passed His Majesties Irons to be payed to him out of the remainder of the said Imposition for supporting a free Coynage as aforesaid The sum of one thousand two hundred pounds scots money to the Principal Wairden The sum of one thousand two hundred pounds scots to the Essay-master The sum of seven hundred and twenty pounds scots money to the Counter-Wairden The sum of six hundred pounds scots to the Sinker or Graver The sum of four hundred and eighty pounds scots money to the Clerk or Book-keeper The sum of three hundred thirty three pounds six shilling eight pennies scots to the Clerk of the Bullion who is to be Clerk for the time to come to this new Imposition as he was formerly to the Bullion or twelve shilling per Ounce payed in lieu thereof To the Master-Smith the sum of three hundred and sixty pounds scots as their Fees and Sallaries and the sum of eleven hundred six pound thirteen shilling four pennies scots to be payed in to the General and Master for maintaining the Fabrick of the Mint-House providing of new Tools and other incident Charges reraling to the Mint for which they are to compt yearly to His Majesties Exchequer and the overplus if any shall be To go to the stock of free
Pag. Ibid. 5 Act anent the Session Pag. Ibid. 6 Act for the Christmas Vacans Pag. Ibid. 7 Act of Dissolution of the Lands and Barony of Torwoodlie in Favours of Lieutenant General Drummond Pag. 7 8 Additional Act anent High-Ways and Bridges Pag. 8 9 Act of Annexation of the Baronies of Muir-hall and Melfort to the Crown Pag. 9 10 Act Ordaining Pursuers to furnish the Act to the Defenders whereon they are to Depone Pag. 11 11 Act for Winter-Herding Pag. Ibid. 12 Act for Cleansing the Streets of Edinburgh Pag. Ibid. 13 Act of Dissolution in Favours of the Duke of Gordon Pag. 12 14 Act against Importing Irish-Victual or Cattel Pag. 13 15 Act Declaring that Inhibitions shall not be prejudged by Recognition Pag. Ibid. 16 Act for Burying in Scots Linen Pag. 14 17 Act for Writing Seasins by way of Book Pag. Ibid. 18 Act appointing the publication of the Testimonies of Witnesses Pag. 15 19 Act anent the Registration of Seasins and Reversions Pag. Ibid. 20 Act anent the Nomination of Clerks to the Justices of Peace Pag. Ibid. 21 Act in Favours of Iohn Adair Geographer for Surveying the Kingdom of Scotland and Navigating the Coasts and Isles thereof Pag. 16 22 Act and Commission for Plantation of Kirks and Valuation of Teinds Pag. 17 23 Act for Regulation of Judicatures Pag. 18 24 Act anent an humble Offer made to His Majesty for an Imposition upon certain Commodities for defraying the expence of a free Coynage and other matters relating to the Mint Pag. 20 25 Act Rescinding a Clause in the Address made by the Parliament against the late Earl of Argile Pag. 24 26 Act Dissolving the Lands and Estates of Earlstoun Craichlaw and Caitloch from the Crown Pag. 25 27 Act of Dissolution of the Lands of Grange in favours of Sir Thomas Kennedy Lord Provost of Edinburgh Pag. 26 28 Act Dissolving the Lands of Cultness North-Berwick and Goodtries from the Crown Pag. 27 29 Act of Dissolution in favours of the late Earl of Tarras Pag. 28 30 Act anent the Measure of Bark Pag. 29 31 Act in favours of Iohn Meikle Founder and others of that Trade Pag. Ibid. 32 Act Salvo Iure Cujuslibet Pag. Ibid. 33 Act of Adjournment Pag. 30 A TABLE Of the Acts and Ratifications Past in the second Session of His Majesties first Parliament and which are not here Printed PRotestation by some Noble-men and others concerning their Precedency in the Rolls of Parliament His Majesties Letter to the Parliament with the Parliaments Answer Act for several yearly Fairs and Weekly Mercats to some Noble-men and others Act of Dissolution of the Lands of Ochiltrie in favours of William Cochran Act Dissolving from the Crown Lands which held of other Superiours than the King Act in favours of the Dutches of Hamilton anent the Office of Justice-General in the Isle of Arran Act and Reference to the Council anent the Importation of Prohibited Goods Act in favours of the Shire of Ross. Act Rescinding a Commission Granted the last Session of Parliament anent the Estate of Argile Act Rescinding the 33 Act of the first Session of this Current Parliament Act adding some Commissioners of Supply and Justices of Peace to several Shires Act in favours of Monsieur Culbert Marchio de Schanko Act in favours of Sir Alexander Gibson Act for Rebuilding the Bridge of Ugie Act in favours of Robert Cuninghame of Achinhervie Act in favours of the Duke of Gordon Act in favours of Mr. Walter Birnie Minister Act appointing the Earl of Morray and Lord Doun in his absence Conveener in the Shire of Inverness Ratification in favours of the Duke of Gordon Ratification in favours of the Earl of Perth Lord High Chancellor Two Ratifications in favours of the Dutches of Buccleugh Ratification in favours of the Earl of Middletoun Ratification in favours of the Earl of Dumbartoun Two Ratifications in favours of the Viscount of Melfort Two Ratifications in favours of the Viscount of Tarbat Ratification in favours of General Drummond Ratification in favours of the Laird of Balnagoun Ratification in favours of Sir Thomas Stuart of Gairntullie Ratification in favours of Sir Iames Stuart of Bute Ratification in favours of Sir Iames Caddel of Muirtoun Ratification in favours of Sir Colin Campbel of Aberurquhile Ratification in favours of Sir Archibald Cockburn of Langtoun Ratification in favours of Sir Thomas Kennedy Lord Provost of Edinburgh Ratification in favours of Sir Charles Stuart and Sir William Ker. Ratification in favours of Sir William Sharp of Stonny-hill Ratification in favours of Sir Iohn Gordon Advocat Ratification in favours of the Laird of Inverneity Ratification in favour of Hugh Mcleod of Cambiscurrie Ratification in favours of Mr. Alcxander Mclean of Ottar Ratification in favours of Iohn Reid of Bara Ratification in favours of Captain Edward Burd Ratification in favours of Mr. William Gordon Advocat Ratification in favours of George Keith of Criechie Ratification in favours of Iames Urquhart of Knockleith Ratification in favours of Robert Miln his Majesties Mr. Mason Ratification in favours of Lady Mary Bruce and William Cochran FINIS
THE LAWS and ACTS Made in the SECOND SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN JAMES VII By the Grace of GOD KING of SCOTLAND ENGLAND FRANCE and IRELAND Defender of the Faith Holden at EDINBURGH the 29. of April 1686. By a Noble Earl Alexander Earl of MORRAY Lord Doun and Abernethie c. Secretary of State for the Kingdom of Scotland His Majesties High Commissioner for Holding this Parliament by vertue of a Commission under His Majesties Great Seal of this KINGDOM VVith 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 McLeod and Castle-haven c. Clerk to His Majesties Councils Registers and Rolls c. EDINBURGH Printed by the Heir of Andrew Anderson Printer to His most Sacr●d Majesty Anno Dom. 1686. Cum Privilegio GOD SAVE KING JAMES THE SEVENTH LAWS and ACTS Made in the SECOND SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN JAMES VII By the Grace of GOD KING of SCOTLAND ENGLAND FRANCE and IRELAND Defender of the Faith Holden at EDINBURGH the 29 of April 1686. I. ACT of Dissolution of the Lands of Cesnock and Duchal May 18. 1686. OUR SOVERAIGN LORD and Estates of Parliament Taking into Their Consideration That His Majesties Commissioner as having special Warrand and Instruction from His Majesty Having Proposed and Expounded in plain Parliament The Gr●●t and Faithfull Services Done to His Majesty and His Royal B●●ther of ever blessed memory by Iohn Lord Viscount of Melfor●● one of His principal Secretaries of State and his constant Zeal 〈◊〉 Faithfulness to the Interest of the Crown and particularly Tha● His Majesty was sensible of the many Journeys made by the said ●ohn Viscount of Melfort from Scotland to the Court of England upon occasions of great Importance to the Service of the Crown and Government for most of which he had no allowance at least none suitable to his Expenses And that he had Faithfully executed several Offices of great Trust as Lieutenant General and Master of the Ordnance Lieutenant Governour of the Castle of Edinburgh Thesaurer Deput and Secretary of State for His Majesties Ancient Kingdom of Scotland In which Imployments he did very well behave himself That he was instrumental in the Defeat of the Rebels at Bothwell-bridge was diligent against the Rebels thereafter And at great Pains and Charges in the Circuits for the Shires of Lanerk Stirling Renfrew and Dumbarton in the year 1684. And that he had performed several other good and acceptable Services As also His Majesties Commissioner as having speciall Warrand and Instruction from His Majesty Having proposed to the Estates of Parliament That His Majesty judging it fit for the Interest of His Crown and the Good and Wellfare of this Kingdom To Purchase and Acquire from the said Iohn Viscount of Melfort the Lands Baronies and others aftermentioned wherein the said Viscount stands Heretably Infest viz. The Lands and Barony of Muirhall Comprehending therein the Lands of Inverneil Kilmo●r Dounanoltich Craigmoiral Kilbryd Kilmorich Auchinbreck Melfort Kenmore Knaps Kilmorie Kilberrie Auchinsalloch Imstremich Barleamich Dounarderie Eunichan Kildalban Dargachie Cariedale Drummoir Crear Oib Muirhall and several other Lands Teinds and Rights mentioned in the Charter thereof Granted by His Majesty to the said Iohn Viscount of Melfort of the Date the nineteenth day of March 1686. Which did formerly pertain to Sir Duncan Campbel of Auchinbreck Iohn Campbel of Melfort Iohn Campbel of Knap Dougal Campbel of Kilberrie Patrick Mccairter of Imstremich Eivor Mccivor of Askins Donald Mcaveish of Dounarderrie Neill Campbel of Evneichan Campbel of Kildalban Iohn Campbell of Dargathie Duncan Campbell of Cariedale Alexander Mcmillan of Douniemoir Donald Mcneill of Crear Alexander Mcerverlich of Oib Alexander Campbel of Oitter William Denholm of Westsheill Mr. Alexander Campbell Advocat Collin Campbell elder of Allangreig and Duncan Campbell younger thereof and Stuart younger of Cultness And which fell in His Majesties hands by the Forefaulture of the forenamed persons And likewise the Lands and Barony of Melfort Comprehending the Superiorities and the Feu-Duties of the Lands of Rayra and the Isle of Loung The Lands of Torsay The Lands and Isle of Shennay The Lands of Daginneish Armadie Auchnasoul Ragray and of many other Lands particularly mentioned in the Charter thereof Granted by His Majesty under His Majesties Great-Seal to the said Iohn Viscount of Melfort of the Date the day of 1685. Which Superiorities and Feu-Duties pertained formerly to Archibald Campbel late Earl of Argile and fell in His Majesties hands by his Forefaulture Excepting only the Superiorities and Feu-Duties of Glen Ila Balquhan Spitletown of Balquhan Edinample and Menstrie which are Reserved to the said Viscount of Melfort The saids Lands and Baronies being of a vast and great extent and containing great Superiorities and as lying and being Situat in the Highlands and formerly belonging to the late Earl of Argile and others of his Party who were involved in the late Rebellion and Forefault for their accession thereto has always been subject to Disorders which might indanger the publick Peace which being in His Majesties hands And His Royal Authority and Interest concurring may Restrain and prevent the same and His Majestie conceiving it just and reasonable That the said Iohn Viscount of Melfort in lieu and place of the foresaids Lands and Baronies formerly belonging to him and which at His Majesties Desire he is willing to Resign in His Majesties Hands ad perpetuam remanentiam should have a full Recompence and Satisfaction for the same And His Majesty Designing to Give and Dispone in Permutation and Excambion thereof The Lands and Barony of Riccartoun The Lands and Barony of Cesnock and Galstoun with the Tower of Cesnock and Pertinents The Lands and Barony of Barr The Lands and Barony of Castlemains and Cumnock The Lands and Barony of Hainring Ross all lying within the Sheriffdom of Air formerly pertaining to Sir Hugh and Sir George Campbels sometime of Cesnock The Lands and Barony of Duchall and the Lands of Porterfield with the Pertinents which pertained to Porterfield sometime of Duchall and all other Lands Teinds and Rights whatsomever belonging to the said Sir Hugh and Sir George Campbels and Porterfield And upon their Forefaulture did come in His Majesties Hands and are Annexed to the Crown by the Fourty two Act of the first Session of this current Parliament Dated the sixteenth day of Iune 1685. And albeit His Majesty be satisfied that the said Transaction and Excambion is of advantage to His Majesty and His Crown and for the Good and Wellfare of this Real ● upon the Considerations foresaid And that the Lands and others which the said Viscount of ●elfort is willing to Resign in His Majesties hands are of greater yearly Rent and Value Y●● His Majesty has thought fit re integra to propose the same in plain Parliament That they m●● seriously
ponder and consider the said particular Services done and performed by the said Vi●●ount of Melfort to His Majesty and His Crown And the foresaid Proposal as to the Transact●on and Excambion above-mentioned and give His Majesty Their Advice Judgement and Determination thereanent And the Estates of Parliament after mature Deliberation Treating and Consulting anent the Premisses being fully satisfied and convinced That either the said particular Services Done and Performed to His Majesty by the said Viscount of Melfort The truth whereof is sufficiently known and did appear to Them or the foresaid Permutation and Excambion are Just Sufficient and Important Reasons concerning both His Majesties Interest and the publick Good and Wellfare of this Kingdom That They should Advise and Consent to His Majestes Giving and Disponing the saids Lands Baronies and others above-exprest to the said Iohn Viscount of Melfort his Heirs and Assigneys and for that effect that the saids Lands should be dissolved from the Crown and from the said Act of Annexation THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Decerns Ordains and Declares That the saids Lands and Barony of Riccartoun The Lands and Baronies of Cesnock and Galstoun with the Tower of Cesnock and Pertinents The Lands and Barony of Bar The Lands and Barony of Castlemains and Cumnock The Lands and Barony of Haining-Ross all lying within the Sherifdom of Air formerly pertaining to the said Sir Hugh and Sir George Campbels sometime of Cesnock And the Lands and Barony of Duchal and the Lands of Porterfield with the Pertinents which pertained to Porterfield sometime of Duchall And all other Lands Teinds and Rights whatsomever belonging to the said Sir Hugh and Sir George Campbels and Porterfield may be Disponed to the said Viscount and his forefaids And for that effect has Dissolved and hereby Dissolves the same from the Crown and Patrimony thereof And from the foresaid Act of Annexation made the sixteenth day of Iune One thousand six hundred eighty five And from all other Acts of Annexation and from all Clauses Qualities and Conditions therein-contained And His Majesty with Advice and Consent foresaid Finds Decerns and Declares That this present Act of Dissolution having proceeded upon the Advice and Deliberation of the Estates of Parliament re integra And found by the saids Estates to be for Great Weighty and Reasonable Causes Concerning the Goop Wellfare and Publick Interest of the whole Kingdom First Proposed and Advised and maturely Pondered and Considered before any previous Grant or other Right or Deed Given Made or Done by His Majesty in Favours of the said Viscount of Melfort and his foresaids of the Lands and others particularly and generally above-mentioned or any part or portion of the same Does fully satisfie the whole Clauses Conditions and Qualifications contained in the foresaid Act of Annexation and shall have the Force Strength and effect of a general Law or Act of Parliament and shall be as valid and effectual to the said Viscount of Melfort and his foresaids for the Security of the Lands Baronies and others above-exprest as any other Act of Dissolution Granted by His Majesty or His Royal Ancestors with Advice and Consent of the Estates of Parliament in Favours of whatsoever Person at any time hereafter Likeas His Majesty with Advice and Consent foresaid Finds Decerns and Declares That this present Act of Dissolution shall not be understood to fall under or be comprehended in any Act Salvo jure To be past in this or any other Session of this current Parliament But is hereby excepted therefrae in all time coming II. ACT For the better Inbringing of His Majesties Supply May 26. 1686. OUR SOVERAIGN LORD Considering That by a Clause in the Act of Convention of Estates Iuly 10. 1678. It is Provided That Persons lyable in payment of the Supply then Imposed should not be holden to produce Discharges or Receipts of the samen after the tenth day of June 1686. years And seing there is a great part of the Cess and Supply yet resting unpayed for which no Diligence is done THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Statuts Ordains and Declares That the particular Collectors in each Shire for whom the Commissioners are answerable shall be lyable in all time coming to do Diligence by Quartering or Denunciation against the Deficients at the head Burgh of the respective Shires where they live And Declares the said Diligence so to be used shall be sufficient to stop and interrupt the prescription and make the Deficients lyable notwithstanding of the Clause in the foresaid Act finding them not lyable to produce their Discharges after the said day And because the time prescribed by the said Act is now near elapsed THEREFORE His Majestie with Advice and Consent foresaid Does Prorogat the same untill the first day of November next To the Effect the particular Collectors may do Diligence in the mean time Likeas His Majesty and the Estates of Parliament Statutes and Ordains in time coming That all Cess which shall not be payed w●thin six Moneths after the same falls due shall bear Annualrent after elapsing of the said six Mone●hs albeit Horning or other Diligence be not used for the same And whereas by the Act 3. Par. 3. Ch. 2. The number of Foot to be imployed in Parties for Quartering upon the Deficients is Declared to be six Foot for every 1000. Pounds of Deficiency and so proportionally Which number is not sufficient nor proportionable to the number of Horses or Dragoons appointed by the same Act. It is therefore hereby Ordained and Declared That the number of Foot hereafter to be imployed shall be fifteen for each 1000 Pounds Scots and so proportionally And the number of Horses and Dragoons to continue as formerly And likewise Statutes and Ordains That if the Parties appointed to Quarter shall not exact their Quartering money every twenty days at least That they shall not have power to exact the same thereafter It being always Competent to the Parties in case they get not voluntar payment to poynd therefore within the said time any Goods belonging to the persons on whom they are Quartering in the ordinary way appointed by Law And it is hereby Enacted and Declared That Deficient Money shall only be due to Parties so long as they are actually Quartering within the Shire and that the Quartering Money shall commence and be payed according to the foresaid Act of Convention of Estates III. ACT Ordaining Interlocutors to be Subscribed by the Iudges May 26. 1686. OUR SOVERAIGN LORD with Advice and Consent of His Estates of Parliament Statutes and Ordains That from and after the first of November next All Interlocutors pronounced by the Lords of Council and Session and all other Judges within the Kingdom shall be Signed by the President of the Court or the Judge pronouncer thereof And His Majesty with Advice foresaid Prohibits and Discharges the Clerks upon their peril to Extract any Acts or
and thereafter cruelly murdered on a Scaffold And also Taking into their Consideration the constant Loyalty great Services and Merits of the said George Duke of Gordon who has fully answered and improven the high and honourable Characters of Loyalty and Nobility Derived unto him by his Predecessors and his readiness by himself his Friends and Followers in subduing the late Rebellion As also His Majesty and Estates of Parliament Considering That Mr. Robert Baillie sometime of Ierriswood being upon the 24 day of December 1684 Found guilty by an Assise of the Crime of high Treason was Forefaulted by His Majesties Justice-General Justice-Clerk and Commissioners of Justiciary And by the 42 Act of the first Session of His Majesties current Parliament The Lands and Barony of Mellarstanes and all other Lands Teinds and Rights whatsomever pertaining to the said Mr. Robert Baillie were Unite Annexed and Incorporat to the Crown of this His Majesties ancient Kingdom And the saids Lands and Barony of Mellarstanes and Fawns with the Pertinents lying within the Lordship of Gordon Huntly Parochin of and Sheriffdom of Berwick did anciently belong to and were holden of the said George Duke of Gordon and his Predecessors and are specially contained and ingrost in their and his Infeftments under the great Seal of this Kingdom And His Majesties Commissioner as having special Warrand and Instruction from His Majesty Having proposed and Expounded in plain Parliament That His Majesty upon the Considerations foresaid and as a mark of His Royal Bounty and Favour resolved to bestow on the said Duke of Gordon the Lands which did anciently hold of his Family in the Merse as well as such as yet hold of himself all of which belonged to the said Mr. Robert Baillie late of Ierriswood And the Estates of Parliament after mature Deliberation Treating and Consulting anent the Premisses re integra being fully satisfied and convinced That the foresaid Services and Sufferings done and endured by the said George Duke of Gordon his predecessors and himself for His Majesty and His Royal Ancestors The truth whereof is sufficiently known and did appear to them are Just Sufficient and Important Reasons concerning both His Majesties Interest and the publick Good and Welfare of this Kingdom That they should Advise and Consent to His Majesties Giving and Disponing the saids Lands and Barony of Mellarstanes and Fawns with the Pertinents above-exprest to the said George Duke of Gordon his Heirs and Assigneys And for that effect that the saids Lands should be Dissolved from the Crown and from the said Act of Annexation THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Decerns Ordains and Declares That the saids Lands and Barony of Mellarstanes and Fawns with the Pertinents formerly pertaining to the said Mr. Robert Baillie sometime of Ierriswood may be Disponed to the said George Duke of Gordon and his foresaids And for that effect has Dissolved and hereby Dissolves the same from the Crown and Patrimony thereof and from the foresaid Act of Annexation and from all other Acts of Annexation and from all Clauses Qualities and Conditions therein-contained And His Majesty with Advice and Consent foresaid Finds Decerns and Declares That this present Act of Dissolution having proceeded upon the Advice and Deliberation of the Estates of Parliament re integra And found by the saids Estates to be for Great Weighty and Reasonable Causes concerning the Good Welfare and publick Interest of the whole Kingdom first proposed and Advised and maturely pondered and considered before any previous Grant or other Right or Deed Given Made or Done by His Majesty in favours of the said George Duke of Gordon and his foresaids of the Lands above-written with the Pertinents or any part or portion of the same Doth fully satisfie the whole Clauses Conditions and Qualifications contained in the foresaid Act of Annexation and shall have the Force Strength and Effect of a general Law or Act of Parliament and shall be as valid and effectual to the said George Duke of Gordon and his foresaids for their Security of the saids Lands and Barony of Mellarstanes and Fawns above-exprest with the Pertinents as any other Act of Dissolution Granted by His Majesty or His Royal Ancestors with Advice and Consent of the Estates of Parliament in favours of whatsomever person at any time heretofore Likeas His Majesty with Advice and Consent foresaid Finds Decerns and Declares That this present Act of Dissolution shall not be understood to fall under or be comprehended in any Act Salvo Iure to be past in this or any other Session of this current Parliament but is hereby excepted therefrom in time coming XIV ACT Against Importing Irish-Victual or Cattel June 14. 1686. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament Does Ratifie and Approve the 3 Act 3 Sess. Par. 2. Ch. 2. Against the Importing of Irish-Victual with this alteration Viz. That all the Victual that shall be Imported shall be sunk and destroyed and the Seizer or Discoverer in place of the third part of the Victual allowed him by the foresaid Act for his Reward shall have the Boat Bark or Vessel wherein the said Victual shall be Imported to dispose of at his pleasure together with the half of the Fines by the foresaid Act Imposed upon the Importers Recepters and Heretors and the other half of the saids Fines to belong to His Majesty As likewise His Majesty with Advice and Consent foresaid Enacts and Ordains That no Horse Mare or Cattel whatsomever shall be Imported from Ireland to this Kingdom under the pain and Penalty of Forefaulture of the Horse Mares or Cattel that shall be Imported and further of paying the sum of an hundred Merks Scots for each Beast that shall be so Imported the one half of both the Beasts and Fines to belong to the Seizer and Discoverer and the other half to His Majesty As likewise That no Person within this Kingdom Resett or Buy any Horse Mares or Nolt That they know to be Imported out of Ireland under the pain of an hundred merks Scots for each Beast besides the Forefaulture of the Beasts themselves the one half to belong to the Discoverer he always pursuing and instructing the same Importation within six Moneths after and the other half to His Majesty And Recommends to the Lords of Council to nominat and appoint such Persons as they shall think fit for seeing this Act put in Execution XV. ACT Declaring that Inhibitions shall not be prejudged by Recognition June 14. 1686. OUR SOVERAIGN LORD with Advice and consent of His Estates of Parliament Statutes and Ordains That in time coming no Inhibition duly Execute shall be prejudged or disappointed by the Debitors doing Deeds after the Inhibition inserting Recognition But that the Lands falling under Recognition shall be burdened with the prior Inhibition and ground thereof XVI ACT For Burying in Scots Linen June 14. 1686. OUR SOVERAIGN LORD For the Encouragement of the
at Edinburgh the day of years and thereafter at such times and dyets as they shall appoint And with power to the saids Commissioners to take full and exact Tryal of all abuses and other Exorbitancies or Exactions which are practised in prejudice of His Majesties Liedges in any Offices of Judicature or others within this His Ancient Kingdom And to take Tryal and Information by all manner of Probation thereanent and how the saids Abuses have creept in and from what time and to take notice and tryal of the Authors and Committers thereof and to Transmit an exact and perfect Accompt of the same to His Majesty that He may signifie His Royal Pleasure and give what Directions therein He thinks just And for the effectual preventing and restraining the same in time coming His Majesty with Advice and Consent foresaid Does hereby Authorize and Impower the foresaids persons or Quorum thereof to make such Orders Acts and Constitutions for Regulating the same in time coming as they shall find just under such Penalties and Certifications to be incurred by the Contraveeners as the saids Commissioners shall find necessary in that behalf All which Acts Ordinances and Constitutions made by the saids Commissioners and Approven under His Majesties Royal Hand His Majesty with Advice and Consent foresaid Does Ratifie Approve and Confirm And Decerns and Ordains the same to be put to Execution and to have full Force Strength and Effect against the Contraveeners in all time coming As likewise His Majesty with Consent foresaid Does hereby Authorize and Impower the saids Commissioners to prescrive and set down clear and distinct Rules for the Inferiour Judicatures in this Kingdom as to their competency and the Nature of their Jurisdictions that His Majesties Leidges may be at a certainty and not be put to trouble and expence by being called and forced to compear and attend before different Courts for the same cause hereby Inhibiting and Discharging the saids Judges to proceed or determine in any other Actions or Causes than what shall be found by the saids Commissioners to be proper and competent for their Jurisdictions Declaring all such Acts and Decreets to be given and pronounced by them in matters not competent to their Jurisdictions to be null and void and the Judges to be lyable to the damnage and prejudice of the Party grieved and to be punishable at the sight of the Lords of Privy Council for transgressing their Jurisdiction And to the effect so just and necessary a Work may meet with no obstruction from the negligence or not attendance of the foresaids Commissioners His Majesty with Advice and Consent foresaid Statutes Ordains and Declares That the Commissioners who without a just and lawful excuse to be allowed by such of the Commissioners who shall meet shall not attend the dyets of meeting appointed or to be appointed for carrying on of the said Work shall incur the pain of tolies quoties to be disposed of by the Commissioners as they shall think just And for which Letters of Horning and Poynding are hereby granted And it is hereby Declared That this Commission shall continue and endure during His Majesties Pleasure and ay and while the same shall be recalled or discharged by His Majesty XXIV ACT anent an humble Offer to His Majesty for an Imposition upon certain Commodities for defraying the Expence of a free Coynage and other matters relating to the Mint Iune 14. 1686. OUR SOVERAIGN LORD and the Estates of Parliament Considering the great advantages that may accresce to this His Ancient Kingdom by encouraging the Importation of Bullion to be Coyned in His Majesties Mint and that a free Coynage is of all others the greatest encouragement for that end And the Estates of Parliament taking into their Consideration That the Charge and Expences of a free Coynage cannot be supported without their giving unto His Majesty a suitable Found for the same THEREFORE They Do out of a due Sense of His Majesties great Care for the Prosperity of this His ancient Kingdom Humbly offer unto His Majesty twelve shillings Scots for each Ounce of Bullion Imposed by the eight Act of the first Session of the second Parliament of King Charles the Second upon the several Commodities therein-specified viz. Spainlsh Rhenish and Brandy Wines of all sorts each Tun fourteen pound and eight shilling scots money French Wines of all sorts every Tun seven pound four Shillings scots Paper for Printing and Writing of all sorts every six Rims twelve shillings scots Gray-paper every twelve Rims twelve shillings scots Dails every thousand three pounds scots Single-Trees every thousand three pounds scots Double-Trees every thousand six pounds scots Double Double-Trees and all other great Fir-Timber every thousand twelve pounds scots Steel every hundred weight twelve shillings scots Iron and Iron-Work beaten of all sorts every Tun one pound four shillings scots Onyons and Apples every two Barrels twelve shillings scots Mum-beer every Barrel two pounds eight shillings scots Prunes every Tun two pound eight shillings scots Raisins Currans and Figs every Tun six pounds scots Iron Pots of all sorts every duzon twelve shillings scots Soap every Barrel one pound four shillings scots Suggar-Candy every hundred weight six pound scots Copper-Kettles Brass-Pans and all other made Work in Brass or Copper yetlin or beaten every hundred weight two pound eight shillings scots Mader every thousand weight three pounds scots Harts of all sorts every three dozen one pound four shillings scots Window-Glass of all sorts every Chest twelve shillings scots Lemons and Oranges every thousand twelve shhillings scots Hopes of all sorts every hundreth weight twelve shillings scots Spanish-Leather Marikin Tanned-Leather Wild-Leather and all other sorts of Leather except Muscovia-Leather every hundred weight twelve shillings scots Gloves of all sorts each duzon twelve shillings scots Whale-bone or Ballen every two hundred weight twelve shillings scots And His Majesty with Advice and Consent of His Estates of Parliament Doth hereby Rescind and Annull the eight Act of the second Parliament first Session of King Charles the second and in all time-coming Statutes and Ordains That the above-mentioned sums upon the foresaids Commodities Imported into this Kingdom shall be payed in to the Tacks-men and Collectors of His Majesties Customs by the Merchants or other Importers of the saids Goods before they break bulk in the same way and manner that His Majesties Customs upon Forraign Commodities are payed in by the Merchants and others And Ordains the General-Collectors Tacks-men and Farmers of His Majesties Customs to Compt yearly in Exchequer for the whole Imposition above-specified according to the rate of twelve shillings scots per Ounce in stead of the Ounce of Bullion formerly payed in in specie by the Merchants and to make a general AEque for their several Sub-Collectors And His Majesty with Advice and Consent foresaid Doth hereby Annex the foresaid Imposition for ever unto the Imperial Crown of this Kingdom to remain with His Majesty His Heirs and
Coynage aforesaid The which sum of twelve thousand pounds scots for the Officers of the Mint and other expenses thereof is to be payed to the General and Master of the said Mint together with the sum of eighteen Pounds per stone to the Master for the Coynage of the Money at four Terms in the year viz. Candlemass Whitsunday Lambmass and Martinmass yearly and the said payment to commence from and after the first of November next And His Majesty and Estates of Parliament further Statute and Ordain That no Heads Sweeps or Chizel of any Gold or Silver to be Coyned in His Majesties in t shall pass His Majesties Irons without taking a second Essay thereof as if the same were newly brought in to the Mint to be Coyned And to the effect that all matters relating to the Coynage and Mint may be equally Ordered and Regulated according to this present Act and in such further ways and manner as His Majesty and His Privy Council shall think fit It is hereby Recommended to His Majesties Privy Council by some of their number to try every Journal of Coyn by it self distinctly and to take exact tryal of all matters relating to the Coynage both as to the weight and fineness of the money and other matters relating to the said Mint twice every year viz. In the moneths of Iuly and December yearly and to call before them the whole Officers of the Mint and to Examine their Proceedings and to inspect their Books and to sign and subscribe Approbations thereof as they shall see cause And this without prejudice of the said Officers of the Mint their compting yearly to the Lords of His Majesties Exchequer and Thesaury for all matters commited to their Trust. XXV ACT Rescinding a Clause in the Addresse made by the Parliament against the late Earl of Argile Iune 15. 1686. OUR SOVERAIGN LORD Taking into His Consideration the 36 Act of the first Session of this Parliament Intituled Act anent the Address of the Estates of Parliament of His Majesties ancient Kingdom of Scotland to His Sacred Majesty against the Arch-Traitor Archibald Campbel sometime Earl of Argile And that His Majesty from His unparalleled Clemencie and Goodness has been Graciouslie Pleased to Pardon and Indemnifie several persons who were accessorie to and involved into the said Rebellion notwithstanding the Estates of Parliament from their zeal to His Majesties Service and Detestation of the said Rebellion Did by their Address humbly Desire they should for ever be incapable of mercie and that any of His Majesties Subjects who should interceed for them any manner of way should incur the pain of Treason and in regard His Majesty did make no signification of His Royal Pleasure as to the said Address THEREFORE His Majesty with Advice and Consent of His Estates of Parliament Casses Annuls and Rescinds that Clause in the same Address as to the exercise of His Majesties Mercy or the Intercessions of any of His Majesties Subjects made or to be made in that behalf And Declares the same Clause to have no strength Force nor effect from the beginning and to be null and void in all time coming XXVI ACT Dissolving the Lands and Estates of Earlestoun Craichlaw and Caitloch from the Crown Iune 15. 1686. OUR SOVERAIGN LORD Taking to His Royal Consideration that His late Majesty and his Royal Brother of ever glorious Memory by Charter under the Great-Seal of this His Majesties Ancient Kingdom of the date at Windsor-Castle the eleventh day of May 1680 years upon the account of Sir Theophilus Ogilthrop Lieutenant Colonel Main and Captain Hendry Cornowall their Loyalty and Service performed to the Crown Did Give Grant and Dispone to them their Heirs and Assigneys the Lands and Estates of Earlestoun Craichlaw and Caitloch and others more fully specified in the said Charter whereupon they were Infest and the said Right Ratified in Parliament And which Lands and Estates fell in His late Majesties hands by the Forefaultur of Mr. William and Alexander Gordons elder and younger of Earlstoun Iames Gordon of Craichlaw and Mr. William Ferguson of Caitloch Likeas His late Majesty by His Letter of the eleventh of May One thousand six hundred eighty Directed to the Lords Commissioners of His Highness Thesaury upon Information that the saids three Estates did exceed six hundred pounds Sterling per annum which His Majesty was pleased to Promise should be made good unto them Ordered That before the said Gift past in Exchequer the saids Lords should take their Security to pay the superplus if any were that the saids Estates should be found to exceed the foresaid Rent and the Debts payable out of the same by Law in such manner and to such uses as His Majesty should think fit thereafter to direct And in like manner His Majesty by another Letter directed to the saids Lords of the 15th of February 1681. Required them to take sufficient Security of the saids persons for payment of their share of the expence disbursed out of His late Majesties Thesaury towards the suppressing of the Rebellion in the year 1679 not exceeding two years Rent of the saids Forefaulted Estates and accordingly the saids Donatars granted Security to the saids Lords in the Terms foresaids As also OUR SOVERAIGN LORD Considering That His Majesty by His Letter of the last of October 1685. upon the Consideration that the saids Estates did not exceed but are rather considerably short of the saids six hundred pounds Sterling per annum and of the great trouble and expence the said Sir Theophilus who also acquired the other two Parts from Main and Cornowall was and is exposed to in attaining to the Possession of the saids three Forefaulted Estates and being desirous the same should be made fully effectual to him free of all future trouble and inconvenience THEREFORE as a further Mark of His Favour to the said Sir Theophilus and in Consideration of his great Loyalty and Service Authorized and Required William Duke of Queensberrie His Majesties Thesaurer-Principal for the time Thesaurer-deput and remanent Lords of Exchequer to deliver to him the said Security and Ordained the same to be delet out of the Records of Exchequer which accordingly was done and an Act thereupon past the eight of Ianuary last And further upon Consideration of the said Sir Theophilus his constant loyalty and adherence to the Crown and signal evidence given by him thereof in the late Rebellion of the late Duke of Munmouth Did Order his Right Trusty and Familiar Cousen and Counsellor Alexander Earl of Murray Conjunct-Secretary of State for the Kingdom of Scotland and his Majesties high Commissioner therein for the time to represent the matter in Parliament for a Dissolution of the saids three Forefaulted Estates from the Crown to which the same were Annexed in the last Session of Parliament holden at Edinburgh the sixteenth day of Iune One thousand six hundred eighty five years Which Annexation proceeded upon a Supposition that the yearly Rent