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 Sacrâ—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 Grâ—â—t and Faithfull Services Done to His Majesty and His Royal Bâ—â—ther of ever blessed memory by Iohn Lord Viscount of Melforâ—â— one of His principal Secretaries of State and his constant Zeal 〈◊〉 Faithfulness to the Interest of the Crown and particularly Thaâ— His Majesty was sensible of the many Journeys made by the said â—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 Kilmoâ—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 â— upon the Considerations foresaid And that the Lands and others which the said Viscount of â—elfort is willing to Resign in His Majesties hands are of greater yearly Rent and Value Yâ—â— His Majesty has thought fit re integra to propose the same in plain Parliament That they mâ—â— seriously
Decreets unless the Interlocutors which are the Warrands thereof be Signed as said is Declaring hereby the Extracts which shall be given out otherways to be void and null IV. ACT Ordaining all Executions to be Subscribed by the Witnesses without necessity of Stamping May 26. 1686. OUR SOVERAIGN LORD with Advice and Consent of His Estates of Parliament Statutes and Ordains That in time coming all Citations before the Lords of Session and Citations before any other Judges Civil or Criminal which formerly by Law or Custom used to be in Writ and all Executions of Letters of Horning Inhibition and others whatsoever be Subscribed by the Executer thereof and the Witnesses Otherwise to be null and void And that the same shall not be quarrellable for the want of stamping any Law or Practick to the contrary notwithstanding V. ACT Anent the Session May 26. 1686. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament Statute and Ordain That the ordinary Dyets for Sitting of the Session shall be thus Regulated for the future viz. The Winter-Session shall Sitt down the first of November and Rise the last of February And the Summer-Session shall Sitt down the first day of Iune and Rise the last of Iuly And that this present Act shall take effect from the first of November 1686. And that notwithstanding of the seventh Act of the third Parliament of King Charles the Second of ever Glorious Memory which is hereby Rescinded VI. ACT For the Christmas Vacans May 26. 1686. OUR SOVERAIGN LORD with Advice and Consent of His Majesties Three Estates Assembled in Parliament Statutes Ordains and Declares That the Christmas Vacation of the Session or Colledge of Justice shall yearly and in all time-coming Continue and endure from the Twentieth of December to the Tenth day of Ianuary inclusivè Any former Law Act or Custom to the contrary Notwithstanding VII ACT Of Dissolution of the Lands and Barony of Torwoodlie in Favours of Lieutenant-General Drummond May 28. 1686. OUR SOVERAIGN LORD and Estates of Parliament Taking into Their serious Consideration That His Majesties Commissioner as having special Warrand and Instruction from His Majesty Having Proposed and Expounded in plain Parliament The great and faithful Services done and performed to His Majesties Royal Father King Charles the First and His Royal Brother King Charles the Second of ever Blessed memories and to His Majesties Self since His accession to the Crown by Lieutenant-General Drummond Commander of all His Majesties Forces within the Kingdom of Scotland And Considering the particular Services Done by him in his ready and chearful joyning with the Forces Levied in the Year 1648. For Rescuing the Sacred Person of His Majesties Royal Father out of the hands of His Rebellious English Subjects by whom He was then kept Prisoner And with the Forces Levied in Ireland for the Service of the Crown in the year 1649. under the Command of the Duke of Ormond then Lord Lieutenant of Ireland And his brave and chearful Concurring with the Royal Armies both in Scotland and England in the year 1651. which was the occasion of his suffering great loss and a grievous long Imprisonment And his Resolute and Couragious appearing in Arms against the Usurpers in the year 1653. being Cloathed with a Commission of Major-General And Considering also That after the hopes of the Loyal Party were absolutely cut off by the prevalency of the Usurpation The said Lieutenant General Drummond having indured the greatest hardships and miseries under the influence of Tyrannical Powers made a generous choice rather to undergo Exile and Banishment from his own Native Countrey than submit upon any Terms to or comply with an Unlawful and Usurped Authority and that upon a Call from His Majesties Royal Brother after His Restauration he left a Splendid and Honourable Imployment under the Emperour of Russia to give Obedience to His Native Prince and that since his Return to this Kingdom he did Good and Signal Service as Major-General in the Defeat of the Rebels and Suppressing the Rebellion raised in the year 1666. And in his painful and Faithful Performance of the Office of Master-General of the Ordnance for divers years And in his Good and Successful Conduct of His Majesties Forces as Lieutennant-General against the late Rebells and Conspirators who under the Command of the late Earl of Argile Designed to Overturn the Government of this Nation And upon many other occasions hath given pregnant proofs of a firm and steady Loyalty And all the saids great and memorable Services and Sufferings being proposed and laid open in plain Parliament to the end the Three Estates might give His Majesty Their Judgement Advice and Determination re integra whether the same were True Good and Reasonable Causes of publict Government for Dissolving the Lands and Barony of Torwoodlie formerly pertaining to Pringle sometime of Torwoodlie with all other Lands Heretages and Rights which belonged to him from the Crown and which came in His Majesties hands through the Crimes of Treason and laese Majestie Acted Committed and Done by the said Pringle and the Doom and Sentence of Forefaulture given and pronounced against him for the same upon the day of One thousand six hundred eighty five years and were Annexed to the Crown by the fourty two Act of the first Session of this current Parliament And the said Estates of Parliament after long and mature Deliberation and Treating and Consulting anent the Premisses being fully satisfied and convinced That the particular Services and Sufferings above-mentioned Done Performed and Undergone by the said Lieutenant-General Drummond The Truth whereof is clearly known and did appear to them are Just Weighty and Important Reasons concerning both His Majesties Interest and the publict Good and Welfare of this Kingdom That they should Advise and Consent to His Majesties Giving and Disponing the saids Lands and Barony of Torwoodlie and others above-exprest to the said Lieutenant-general Drummond 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 Declairs That the saids Lands and Barony of Torwoodlie and all other Lands Heretages and Rights sometime belonging to the said Pringle late of Torwoodlie and which came in His Majesties hands and were Annexed to the Crown in manner foresaid may be be Disponed to the said Lieutenant-General Drummond 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 made the sixteenth day of Iune One thousand six hundred eighty and five years 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 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
ponder and consider the said particular Services done and performed by the said Viâ—â—ount of Melfort to His Majesty and His Crown And the foresaid Proposal as to the Transactâ—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 wâ—thin six Moneths after the same falls due shall bear Annualrent after elapsing of the said six Moneâ—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
Mccairter of Instremich Eiver Mceiver of Askins Donald Mcaveish of Dounarderrie Neil Campbel of Evaichan Campbel of Kildalban ohn Campbel of Dargathie Duncan Campbel of Cariedale Alexander Mcmillan of Dounie moir Donald Mcneil of Crear Alexander Mâ—erterlich of Oib Alexander Campbel of Otter William Denholm of Westshiell Mr. Alexander Campbel Advocat Colin Campbel elder of Allangreig and Duncan Campbel 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 Feu-Duties of the Land of Rayra and the Isle of Loung The Lands of Torsay The Lands and Isle of Shennay the Lands of Lagianeish 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 John Viscount of Melfort of the Date the day of One thousand six hundred eighty five years 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 Spittletoun Ednample and Menstrie which are reserved to the said Viscount of Melfort And also Considering that in pursuance of the Design and Intent of the said Act of Dissolution and in Prosecution thereof The Kings most Excellent Majesty and the said John Viscount of Melfort have entered into and perfected a Contract of the Date the 24. and 28 days of May One thousand six hundred eighty six years whereby His Majesty hath Disponed to the Viscount of Melfort and his Heirs therein mentioned The Lands and Baronies of Riccartoun Cesnock and others above-exprest And on the other part The said Viscount of Melfort hath Disponed in favours of Our Soveraign Lord the Kings Majesty and Resigned in His Majesties hands ad remanentiam The Lands and Baronies of Muirhall and Melfort Comprehending the whole Lands Superiorities and Feu-Duties above-specified excepting and reserving to the said Viscount of Melfort as is before excepted and Reserved And His Majesty now intending That the Lands Baronies and others Disponed and Resigned by the Viscount of Melfort in favours of His Majesty should be annexed to the Crown and Incorporat with the Patrimony thereof THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Has Annexed United and Incorporat and hereby Units Annexes and Incorporats to the Crown of this His ancient Kingdom to remain inseparable therewith in all time coming The Lands and Barony of Muirhall Comprehending the whole Lands and others above-mentioned viz. The Lands of Inverneil Killmore Dounanoltich Craigmuirhall Kilbryd Kilmorich Auchinbreck Melfort Kenmore Knap Kilmore Kilberrie Auchinsalloch Instremich Barleamich Dounarderie Eunichan Kildalban Dargachie Cariedale Drumoir Crear Oib Muirhall and remanent Lends Teinds and Rights mentioned in the foresaid Charter thereof Granted by His Majesty to the said Iohn Viscount of Melfort and likewise The foresaids 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 Shenney the Lands of Dagneish Ardmadie Auchnasoul Ragray and whole remanent Lands particularly mentioned in the Charter thereof granted by His Majesty under His Majesties Great Seal to the said Iohn Viscount of Melfort Excepting only the foresaid Superiorities and Feu-Duties of Glen-Isla Balquhan Spittletoun of Balquhan Ednample and Menstrie which are reserved to the said Viscount of Melfort And it is hereby Statute and Declared That the saids Lands Baronies and others above-mentioned with the Teinds thereof excepting as is before excepted shall remain with His Majesties Crown in all time coming and that the same or any part thereof shall not nor may not be given away in Fee and Heretage nor in Frank-Tenement Liferent-pension or Tack except for the full Duty which may be gotten from and payed by the Tennents or by any other manner of Alienation Right or Disposition whatsomever to any Person or Persons of whatsomever Estate Degree or quality they be without Advice Decreet and Deliberation of the whole Parliament and for great weighty and reasonable Causes concerning the good wellfare and publick Interest of the whole Kingdom First to be proposed and to be Advised and maturely Pondered and Considered by the Estates re integra before any previous Grant Right or Deed be Given Made or Done by His Majesty or His Successors concerning the Disposition of the saids Baronies and others foresaids or any part thereof which may any ways predetermin them or the Estates of Parliament and prejudge the freedom of their Deliberation and Consent And if at any time hereafter it shall be thought fit to Dispon or Grant any Right of any Part of the saids Lands Superiorities Offices Teinds and others It is Declared That the general Narrative of Good Services Weighty Causes and Considerations shall not be sufficient But the particular Causes and Considerations whereupon His Majesty and His Successors may be induced to Grant and the Estates to Consent to such Rights are to be exprest that it may appear That the same is not granted thorow importunity or upon privat suggestions or pretences But for True Just and Reasonable Causes and Considerations of publick Concernment And farther It is Declared That if any general Act of Dissolution of His Majesties Property shall be made at any time hereafter The Lands Baronies and others above-mentioned now annexed shall not be understood to Fall or be Comprehended under the same and if the Lands and others foresaids hereby Annexed or any Part thereof shall be Annalzied or Disponed or any Right of the same shall be Granted otherways than is appointed and Ordained in manner above-mentioned His Majesty with Consent foresaid Doth Statute and Declare That all Dispositions Infeftments and other Rights of the saids Lands and others now annexed or any Part thereof which shall be granted contrary to this present Act with all Acts of Dissolution and Ratification and other Acts of Parliament concerning the same shall be from the beginning and in all time thereafter void null and of no effect And notwithstanding thereof It shall be lawful to Our Soveraign Lord and His Successors for the time To take back and receive at their pleasure for their own use without any Process of Law The Lands and others above-rehearsed hereby annexed or any part thereof which shall be Annallzied or Disponed and these in whose Favours any such Rights or Alienations shall be made shall be accomptable for and lyable to Refound and pay all Profits Intromissions or Benefits taken uplifted or imployed by them in the mean time and it is Declared That all other Clauses Articles and Provisions contained in any former Act or Acts of Annexation to the advantage of His Majesty and His Crown are and shall be holden as repeated and insert herein Likeas His Majesty with Advice and Consent of the Estates of Parliament Doth
Ratifie and Confirm the foresaid Contract past between His Majesty and the said Viscount of Melfort in the whole Heads Clauses Articles and Provisions of the same with the Resignation made by vertue of the Procutry therein contained by the Viscount of Melfort in his Majesties hands of the foresaids Lands Baronies and others hereby annexed to the Crown together with the Signature granted by His Majesty to the said Viscount of Melfort and his Heirs of the foresaids Lands Baronies and others dissolved from the Crown Dated the day of One thousand six hundred eighty six years And the Charter under the Great Seal Precepts and Instruments of Seasin to follow thereupon and Decerns and Declares this present Ratification to be as valid effectual and sufficient to all intents and purposes as if the foresaid Contract Signature and other Writs or Rights Confirmed were all Verbatim herein Ingrossed and His Majesty and Estates of Parliament Dispenses with and supplies the generality of these Presents for now and ever X. ACT Ordaining Pursuers to furnish the Act to the Defenders whereon they are to Depone June 8. 1686. OUR SOVERAIGN LORD with Advice and Consent of His Estates of Parliament Statutes and Ordains That in Actions before the Lords of Session and all other Judges within the Kingdom where by the Act of Litiscontestation the Defenders Oath is only required and nothing to be proven upon his part That the Pursuer shall be obliged to furnish the Defender with the Act whereon he is to Depone within fourty eight hours after the Pursuer or his Procurator shall be required otherways that the Defender shall not be holden to Depone but the Ordinary shall dismiss him the foresaid Requisition being always made after elapsing of the Term assigned by the Act and before the Term be circumduced at the the Pursuers Instance and where the Defenders in Exhibitions do Depone Negative and the Defenders in Processes for making arrested Goods forthcoming Depone either affirmative or Negative That the Clerks and Macers Dues shall be payed by the Pursuer and not by the Defender with Certification if the Pursuer do not make payment thereof the Defender shall not be holden to Depone but may be dismissed by the Ordinary XI ACT For Winter-Herding June 8. 1686. OUR SOVERAIGN LORD Considering the Prejudice and Damnage which the Liedges do sustain in their Planting and Inclosures through the not herding of Nolt Sheep and other Bestial in the Winter time whereby the young Trees and Hedges are eaten and destroyed Doth with Advice and Consent of His Estates of Parliament Statute and Ordain That all Heretors Liferenters Tennents Cottars and other Possessors of Lands or Houses shall cause herd their Horses Nolt Sheep Swine and Goats the whole Year aswell in Winter as Summer and in the Night time shall cause keep the same in Houses Folds or Inclosures so as they may not eat or destroy their Neighbours Ground Woods Hedges or Planting Certifying such as shall Contraveen they shall be lyable to pay half a Merk toties quoties for ilk Beast they shall have going on their Neighbours Ground by and attour the Damnage done to the Grass or Planting And Declares That it shall be lawful to the Heretor or Possessor of the Ground to detain the saids Beasts untill he be payed of the said half Merk for ilk Beast found upon his Ground and of his Expenses in keeping the same and this but prejudice of any former Acts of Parliament made against Destroyers of Planting and Inclosures XII ACT For Cleansing the Streets of Edinburgh June 8. 1686. OUR SOVERAIGN LORD Considering the many Complaints of the Nastiness of the Streets Vinds Closses and other places of the City of Edinburgh which is the Capitall City of the Nation where the chief Judicatories reside and to which His Majesties Liedges must necessarly resort and attend As also the great Trouble that does arise to His Majesties Liedges and the Inhabitants by the great numbers of clamorous Beggars repairing in and about the said City of Edinburgh THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Decerns and Ordains the present Magistrats of Edinburgh and their Successors to lay down effectual Ways for preserving the said Town of Edinburgh Cannongate and Subburbs thereof from the Nastiness of the Streets Vinds Closses and other places of the said Burgh and for freeing and purging the same of these numerous Beggars which repair in and about the said Burgh and that under the pain of 1000. Merks yearly To be payed by the Magistrats who shall be in Office to the Lords of Session to be applyed by them for the end and use foresaid Declaring that the Magistrats who are in Office and who shall be found negligent of their Duty shall have no relief of their said fine out of the Common Good of the said Burgh or by Stenting the Inhabitants As also His Majesty with Advice and Consent foresaid for the further Incouragement of the Magistrats of Edinburgh present and to come in the said matter Does Statute and Ordain That the Lords of Council and Session shall receive from the Magistrats of the said City or others all Proposals which the saids Lords shall judge rational to the effect above-mentioned And for that effect Authorizes and Impowers the Lords of Session with Advice and Consent of the Magistrats to impose such Taxes upon all the Inhabitants Burgesses and others within the said Town Cannongate and Suburbs thereof as they shall find just and necessar for purging and cleansing the said Town of the foresaid Nastiness and that all Execution by Horning or summar Poynding proceed against the Inhabitants for payment of their Proportions And Recommends to the Lords of Session to meet with the Magistrats and to Proceed in the said Matter as well in time of Vacans as in the time of Session And Ordains the present Magistrats and their Successors to put all such Acts and Ordinances as shall be agreed upon and settled by the Lords of Session for the effect above-mentioned to vigorous Execution under the pain and certification above-mentioned to be incurred by the Magistrats yearly in case the said City of Edinburgh be not effectually cleansed and purged of the foresaid Nastiness and Beggars without any relief to the Magistrats out of the Common-Good of the said Burgh or from the Inhabitants XIII ACT Of Dissolution in Favours of the Duke of Gordon June 8. 1686. OUR SOVERAIGN LORD and Estates of Parliament Taking to their Consideration the many signal Services done and performed to His Majesty and His Royal Ancestors by the Family of Huntly for many ages with the eminent Sufferings of several of the Representatives of that Family for their constant adherence to the True Interests of the Crown and the great Services and Sufferings of George Marquess of Huntly Grand-Father to George now Duke of Gordon who for His Loyalty to His Majesties Royal Father of blessed memory was by the then Rebels Condemned
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
Linen-Manufactures in this Kingdom and prevention of the Exportation of the Moneys thereof by Importing of Linen Doth with Advice and Consent of His Estates of Parliament Statute and Ordain That hereafter no Corps of any Persons whatsoever shall be Buried in any Shirt Sheet or any thing else except in plain Linen or Cloth of Hards made and Spun within the Kingdom without Lace or Point Discharging from henceforth the making use of Holland or other Linen-Cloth made in other Kingdoms all Silk Hair or Woolen Gold or Silver or any other Stuff whatsoever than what is made of Flax or Hards Spun and Wrought within the Kingdom as said is and that under the pain and Penalty of 300 Pounds Scots toties quoties for a Noble-man and 200 Pound for each other Person whereof the one half to the Discoverer and the other half to the Poor of the Parish where the saids Corps shall be so Interred And for the better Discovering of the Contraveeners It is hereby further Statute and Ordained That every Minister within the Kingdom shall keep a Book containing an exact account and Register of all Persons buried within their said Parish As also That some one or more of the Relations of the Person Deceated or other credible Person Tennants in the Countrey and Cottars being always excepted shall within eight days after such Interment bring a Certificat upon Oath in Writing Witnessed by two famous Persons to the Minister Declaring That the said Person was Woond or Wrapt in manner herein-prescribed Which Certificats are to be Recorded by the Minister or Reader of the Parish gratis without exacting any money therefore And if no Relation of the Party buried or other Person shall bring such a Certificat within the said time of eight days That then and in that case the Goods and Gear of the Party Deceast shall be and are hereby Declared to be lyable to the foresaid Forefaulture to be pursued at the Instance of the Minister of the said Parish before any Judge competent and in case the Parties prove litigious by Advocating or Suspending the said Sentence The saids Judges are hereby Authorized and Impowered to modifie Expenses as they shall find cause And if such persons Died in familia The Father and Mother or other Relations in whose Family they Die are hereby Declared lyable for the said Fine And it is hereby Statute and Ordained That if the Minister in whose Parish any such Corps shall be so Interred prove negligent in pursuing the Contraveeners within six Moneths after the said Burial he is hereby Declared lyable for the said Fine the one half to the Poor and the other half to the Discoverer to be divided in manner foresaid As also His Majesty with Advice foresaid Statutes and Ordains That no Wooden Coffin shall exceed an hundred merks Scots as the highest Rate for Persons of the greatest Quality and so proportionally for others of meaner Quality under the pain of two hundred merks Scots for the Contravention XVII ACT For Writing Seasins by way of Book June 14. 1686. OUR SOVERAIGN LORD Taking into His Consideration That Seasins do extend to great length by reason of inserting and repeating of the whole Provisions of the Charter therein THEREFORE His Majesty with Advice and Consent of His Estates of Parliament for the more easie and commodious perusal thereof Statutes and Ordains That it shall be lawful for Parties if they think fit To cause Write and Extend their Seasins by way of Book the attestation of the Nottar condescending upon the number of the Leafes in the Book and each Leaf being Signed by the Nottar and Witnesses to the giving of the Seasin And Ratifies all Seasins already Written by way of Book by Warrand of His Majesties Privy Council XVIII ACT Appointing the Publication of the Testimonies of Witnesses June 14. 1686. OUR SOVERAIGN LORD Considering how much it does import and concern the Good and Interest of His Majesties Liedges and the due Administration of Justice That Witnesses be distinctly and fully Examined and their Depositions Written in plain and clear Words as they are given THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Statutes and Ordains That in all Processes presently depending or to be intented before the Lords of Privy Council Lords of Session and all other Judges within this Kingdom The Witnesses who are made use of and adduced therein shall be Examined in presence of the Parties or their Advocats they being present at the Diets of Examination and that there be publication of the Testimonies of the Witnesses in the Clerks hands allowed to the Parties gratis before Advising To the effect Parties may have Copies thereof if they think fit any Law or Act of Parliament Custom or Usage to the contrary notwithstanding XIX ACT Anent the Registration of Seasins and Reversions June 14. 1686. OUR SOVERAIGN LORD Considering That where Seasins and other Writs and Diligences appointed to be Registrat are duly presented to the Keepers of Registers it is their Duty to cause carefully Book and Registrat the same for the security of the Party and Intimation of the Liedges THEREFORE His Majesty with Advice and Consent of His Estates of Parliament Statutes and Ordains That where Seasins and other Writs are presented to the Keepers of Registers and delivered back to the Party bearing A Record and Attestation under their hand that the same are Registrat It shall make the same sufficient and valid for the security of the Party albeit by the omission or negligence of the Keeper of the Register or his Deputs They should not be found Booked or insert in the Register And to the effect that all Deputs entrusted with the care and keeping of the Registers may Faithfully do and execute their Office His Majesty with Advice and Consent foresaid Statutes and Ordains That in case by their omission or negligence any Writs presented to them and marked with their hands to be Registrat shall not be found booked and insert in the Register The saids Deputs Guilty of such omission and negligence shall be punishable as Forgers of the publict Registers and Records and shall be lyable in Damnage and Prejudice to any Party who shall be prejudged by the said omission or negligence And His Majesty with Advice foresaid Statutes Ordains and Declares That these Presents shall no ways derogat from the 16th Act of the 22 Parliament K. Ia. the 6th Entituled Act anent the Registration of Reversions Seasins and other Writs which shall remain in its full Force and Strength in all Points as before the making of this present Act. XX. ACT Anent the Nomination of the Clork to the Iustices of Peace June 14. 1686. OUR SOVERAIGN LORD and Estates of Parliament Considering that by a Clause in the 16th Act of the last Session of this current Parliament Anent Iustices of Peace The saids Justices are allowed to nominat their own Clerks which is a Right and Priviledge belonging to the Secretaries of State
exceeded six hundred pound Sterling a year Whereas now upon serious Examination it is found short Which Considerations being this day Proponed in plain Parliament and the Estates of Parliament having fully pondered and Considered the whole matter and the truth thereof being sufficiently known and made appear to them by production of the foresaid Charter Act of Exchequer and other Evidences requisite And by the said Lord high Commissioner his Grace his Declaration in pluin Parliament in name of and by Warrand from His Majesty His Majesty and Estates of Parliament after mature Deliberation Finds the same just sufficient and reasonable Causes for Advising His Majesty to Dissolve the saids three Forefaulted Estates all particularly mentioned in the said Charter from the Crown that the same may pertain and belong to and remain with the said Sir Theophilus Ogilthrop and his foresaids as their own proper Heretage heretably and irredeemably in all time coming And THEREFORE His Majesty with Advice and Consent of the Estates of Parliament has Dissolved and hereby Dissolves the same Lands and three Forefaulted Estates aforesaid from the Crown and Patrimony thereof and from the said Act of Annexation and from all Clauses Conditions and Qualifications therein-contained And Finds Decerns and Declares that the foresaid Dissolution having proceeded upon the Grounds Causes and Deliberation aforesaid in plain Parliament Does satisfie all the Conditions Clauses and Qualifications contained in the foresaid Act of Annexation past the said last Session of Parliament and shall have the Force Strength and Effect of a General Law and Act of Parliament and shall be as valid and effectual to the said Sir Theophilus Ogilthrop and his foresaids for their Security of the saids Lands and Estates as any Dissolution Granted by His Majesty or Royal Ancestors with Advice and Consent of Their Estates of Parliament for the time in Favours of whatsomever person or persons at any time heretofore and that notwithstanding of any Clauses Conditions or Qualifications contained in the said Act of Annexation And notwithstanding of any Security granted by the saids Donatars or any of them in Exchequer And His Majesty with Consent foresaid hereby Ratifies Approves and Confirms the said Act of Exchequer and Grounds thereof in all Points And Lastly His Majesty and Estates of Parliament Finds and Declares That this present Act shall not fall under the Act Salvo Iure to be past in this or any other Session of this Current Parliament but is hereby excepted forth thereof in all time coming XXVII ACT of Dissolution of the Lands of Grange in Favours of Sir Thomas Kennedy Lord Provost of Edinburgh Iune 15. 1686. OUR SOVERAIGN LORD and Estates of Parliament taking into their serious Consideration That His Majesties Commissioner as having special Warrand and Instruction from His Majesty having proposed and proponed in plain Parliament the Loyalty and Fidelity of Sir Thomas Kennedy Lord Provost of Edinburgh and the good and acceptable Services performed by him to the Crown and Kingdom in the diligent Suppressing of the late tumult within the City of Edinburgh and since And Considering also the Service done by the said Sir Thomas Kennedy against the Rebels at Bothwell-Bridge And likewise the constant Loyalty and eminent Services and Sufferings of Lieutenant-Collonel Thomas Kennedy of Kirkhill his Father and his Firm Adherence to the Crown in so far as the said Lieutenant Collonel Kennedy having attended the late King of ever blessed memory at Worcester Fight he was then taken Prisoner and detained eighteen Moneths in the Kingdom of England and afterwards sent Prisoner to Leith from whence after he had stayed some while he was transported to Air and kept Prisoner there until the year 1659. And his Estate in the mean-time Sequestrat and possest by the Usurpers and himself absolutely ruined All which Services and Sufferings being proposed and laid open in plain Parliament to the end the three Estates might give His Majesty their Advice Judgement and Determination re integra whether the same were good and reasonable Causes for Dissolving from the Crown the Lands of Grange formerly pertaining to Thomas Kennedy sometime of Grange with all other Lands Heretages and Rights which belonged to the said Thomas and which fell in His Majesties Hands through the Doom and Sentence of Forefaulture given and pronounced against him upon the day of One thousand six hundred years by the Lords of Justiciary for the Crime of Treason and Laes-Majesty committed by the said Thomas and were annexed to the Crown by the fourty two Act of the first Session of this Current Parliament And the saids Estates of Parliament after mature Deliberation and Treating and Consulting anent the Premisses being fully satisfied and convinced That the saids particular Services and Sufferings Done Performed and Undergone by the said Sir Thomas Kennedy Lord Provost of Edinburgh and Lieutennant Collonel Thomas Kennedy his Father the truth whereof is sufficiently known and did appear to them are just sufficient and important Reasons concerning both His Majesties Interest and publick Good and Welfare of this Kingdom That they should Advise and Consent to His Majesties Giving and Disponing the foresaids Lands of Grange and others above-exprest to the said Sir Thomas Kennedy 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 of Grange formerly pertaining to the said Thomas Kennedy sometime of Grange and all other Lands Heretages and Rights which belonged to him and which came in His Majesties hands and were annexed to the Crown in manner foresaid may be Disponed to the said Sir Thomas Kennedy Lord Provost of Edinburgh 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 made the sixteenth of Iune One thousand six hundred and 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 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 Sir Thomas Kennedy 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
Sir Thomas Kennedy and his foresaids for their Security of the Lands and others above-exprest as any other Act of Dissolution past by His Majesty or His Royal Ancestors with Advice and consent of the Estates of Parliament in favours of whatsomever person or persons at any time heretofore And Declares that this Act shall not be comprehended under the Act of Salvo Iure to be past in this present Session or any subsequent Session of this Current Parliament but is hereby excepted therefrom XXVIII ACT Dissolving the Lands of Cultness North-Berwick and Goodtries from the Crown Iune 15. 1686. OUR SOVERAIGN LORD and Estates of Parliament Taking into their Consideration that His Majesties Commissioner as having special Warrand and Commission from His Majesty Having proposed and expounded in plain Parliament the great and Faithful Services done to His Majesty and His Royal Brother of ever blessed memory by Iames Earl of Arran First Gentleman of His Majesties Bed-Chamber and his constant Zeal and Faithfulness to the Interest of the Crown And particularly the said Earl of Arran his extraordinary expenses when Imployed by His Majesties said Dearest Brother as Envoy to the French King and of his activeness against the late Earl of Argile and the other Rebels associat with him in the year 1685. For which he had no allowance at least not suitable to his expenses and that he had faithfully executed the saids Offices and did very well behave himself therein and that he was Instrumental in the Defeat of these Rebels and had performed several other good and acceptable Services All which being Proposed and laid open in plain Parliament to the end the Three Estates might give His Majesty their Judgement Advice and Determination re integra whether the same were True Good and Reasonable Causes of publick Concernment for Dissolving the Lands and Barony of Cultness lying within the Sheriffdom of Lanerk and the Lands of North-Berwick lying within the Constabulary of Haddingtoun and al 's the Lands of Goodtries with the Teinds and Pertinents thereof lying within the Sheriffdom of Edinburgh sometime pertaining to Thomas and David Stuarts late elder and younger of Cultness together with all other Lands Annualrents and others pertaining and belonging to them from the Crown and which fell and became in His Majesties Hands through the Crimes of Treason and Laes-Majestie Acted Committed and Done by them and either of them and the Doom and Sentence of Forefaulture Given and Pronounced against them for the same upon the and days of and 1685 years and were Annexed to the Crown by the fourty two Act of the first Session of this Current Parliament and by the Act of this present Session of Parliament And the saids Estates of Parliament after long and mature Deliberation Treating and Consulting anent the Premisses being fully satisfied and Convinced that the particular Services and Expenses above-mentioned Done Performed and Expended by the said Iames Earl of Arran the truth whereof is clearly known and did appear to them as Just Weighty 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 of Cultness North-Berwick Goodtries and the other Lands above-written with the Pertinents to the said Iames Earl of Arran his Heirs or Assigneys And for that effect that the saids Lands should be Dissolved from the Crown and from the saids two Acts 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 Cultness and Lands of North-Berwick and Goodtries above-written sometime belonging to the saids Thomas and David Stuarts late elder and younger of Cultness with all other Lands Heretages Annualrents and others belonging to them or either of them which came in His Majesties Hands and were Annexed to the Crown in manner foresaid may be Disponed to the said Iames Earl of Arran and his foresaids and for that effect Have Dissolved and hereby Dissolves the same from the Crown and Patrimony thereof and from the saids two Acts of Annexation the one made the 16 day of Iune 1685. And the other made the day of May 1686. 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 this present Act of Dissolution having proceeded upon 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 Advised and maturely Pondered and Considered in plain Parliament re integra and found by the saids Estates to be for Great Weighty and Reasonable Causes before any previous Grant or other Right or Deed Given Made or Done by His Majesty in favours of the said Iames Earl of Arran 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 two foresaids Acts of Annexation and shall have the Force Strength and Effect of a general Law and Act of Parliament and shall be as valid and effectual to the said Iames Earl of Arran and his foresaids for their Security in the saids Lands of Cultness North-Berwick Goodtries and others above-exprest with the Pertinents as any other Act of Dissolution Granted by His Majesty or His Royal Ancestors with Advice and Consent of Their Estates of Parliament in Favours of whatsoever Person at any time heretofore Likeas His Majesty with Advice and Consent foresaid Finds Decerns and Declares That this present Act of Dissolution is and 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 all time coming It is always hereby Declared That this Act of Dissolution of the Lands of North-Berwick which did once belong to the said Thomas Stuart sometimes of Cultness shall not prejudge the Senators of the Colledge of Justice as to their Right and Interest in these Lands who are hereby Declared preferable for the same XXIX ACT of Dissolution in Favours of the late Earl of Tarras Iune 15. 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 great benefite and advantage that did arise to the Crown and Government of this Kingdom by the full and sincere Confession made by Walter late Earl of Tarras of several Matters and Circumstances relating to the late horrid Conspiracy the Discovery whereof did in a great measure contribute towards the preventing the fatal Consequences and Effects which so apparently Threatned the Peace of His Majesties
Dominions As also the Promises and Assurances given to him at the time of the said Discovery of his Princes Bounty and Favour upon that account All which being proposed and laid open in plain Parliament to the end the three Estates might give his Majesty their Judgement Advice and Determination re integra whether the same were True Good and Reasonable Causes for Dissolving from the Crown the Lands of Robertoun Howcleuch and Borthwick-mains with the Pertinents which formerly appertained to the said Walter late Earl of Tarras and came in his Majesties Hands through the Doom and Sentence of Forefaulture given and pronounced against him before the Lords of His Majesties Justiciary upon the day of One thousand six hundred years and were annexed to the Crown by the 42 Act of the first Session of this Current Parliament And the saids Estates of Parliament after mature Deliberation and Treating and consulting anent the Premisses being fully satisfied and convinced that the particular Services done and performed by the said Walter late Earl of Tarras in his Confession and Discovery foresaid and the benefit and advantage thereby accruing to the Crown and Kingdom and the Promises and Assurances given to him of his Princes Bounty and Favour the Truth whereof is sufficiently known and was made appear to them are Just. Weighty and Important Causes 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 of Robertoun Howcleuch and Borthwick-mains with the Pertinents to the said Walter late Earl of Tarras his Heirs and Assigneys And for that effect that the same should be Dissolved from the Crown and from the foresaid Act of Annexation THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Decerns Ordains and Declares that the saids Lands of Robertoun Howcleuch and Borthwick-mains with the Pertinents may be Disponed to the said Walter late Earl of Tarras 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 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 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 Walter late Earl of Tarras 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 al 's Valid and Effectual to the said Walter late Earl of Tarras and his foresaids for their Security of the Lands 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 Likeas His Majesty with Advice and Consent foresaid Finds Decerns and Declares that this present Act of Dissolution shal 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 all time coming XXX ACT Anent the Measure of Bark Iune 15. 1686. OUR SOVERAIGN LORD and Estates of Parliament Taking to their Consideration the great prejudice that does arise through the uncertainty of the measure of Bark within this Kingdom Do Statute and Ordain That the constant measure of Bark in all time coming shall be as follows viz. That twenty two Gallons shall be the measure of one Boll of unbeaten Bark and so proportionally for lesser measures and that the Linlithgow Barly measure shall be the measure for all small beaten mallowie Bark And prohibites and Discharges all Persons whatsomever to make use of any other measures than the measures aforesaid in buying or selling of Bark in time coming under the pain of an hundred Pounds scots toties quoties beside the Forefaulture of the Bark so bought or sold. XXXI ACT In Favours of John Meikle Founder and others of that Trade Iune 15. 1686. HIS MAJESTY and Estates of Parliament taking to Consideration the great advantage that the Nation may have by the Trade of Founding lately brought into this Kingdom by Iohn Meikle for casting of Bells Cannons and others such useful Instruments Do for Encouragement to him and others in the same Trade Statute and Ordain That the same shall enjoy the benefit and priviledges of a Manufacture in all points as the other Manufactures newly Erected are allowed to have by the Laws and Acts of Parliament and that for the space of nineteen years next following the date hereof XXXII ACT Salvo Iâ—re Cujuslibet Iune 15. 686. OUR SOVERAIGN LORD Taking to Consideration That there are several Acts of Ratifications 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 or prejudged Therefore His Majesty with Advice and Consent of the Estates of Parliament Statutes and Ordains That all such particular Acts and Acts of Ratification past in manner foresaid shall not prejudge any third Party of their lawful Rights nor of their Actions and Defences competent thereupon before the making of the saids particular Acts and Acts of Ratifications And that the Lords of Session and all other Judges of this Kingdom shall be obliged to Judge betwixt Parties according to their several Rights standing in their Persons before the making of the saids Acts All which are hereby Exponed and Declared to have been made Salvo Iure Cujuslibet XXXIII ACT of Adjournment Iune 15. 1686. THE Kings Majesty Declares this Parliament Current and Adjourns the same to the 16 day of August next 1686. And Ordains all Members of Parliament to attend that Day And that there be no new Election of Commissioners from Shires or Burghs except upon the Death of some of the present Commissioners Collected and Extracted from the Registers and Records of Parliament by TARBAT Cls. Reg. A TABLE Of the Printed ACTS 1 ACT of Dissolution of the Lands of Cesnock and Duchal Pag. 3 2 Act for the better Inbringing of His Majesties Supply Pag. 5 3 Act Ordaining Interlocutors to be Subscribed by Judges Pag. 6 4 Act Ordaining all Executions to be Subscribed by the Witnesses without necessity of Stamping
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