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
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 taâ—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
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
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
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
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 Whâ—â—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 Remeiâ—ing whereof Our Soveraign Lord with Advice and Consent of the Estates of Parliament Statutes and Ordains That Seven Commissioners whereof one
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 aâ— 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
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 Sessionâ— 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
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 â—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
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 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