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

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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of the seventh Act of the third Parliament of King Charles the Second of ever Glorious Memory which is hereby Rescinded VI.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
THE LAWS and ACTS Made in the SECOND SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN JAMES VII By the Grace of GOD KING of SCOTLAND ENGLAND FRANCE and IRELAND Defender of the Faith Holden at EDINBURGH the 29. of April 1686. By a Noble Earl Alexander Earl of MORRAY Lord Doun and Abernethie c. Secretary of State for the Kingdom of Scotland His Majesties High Commissioner for Holding this Parliament by vertue of a Commission under His Majesties Great Seal of this KINGDOM VVith the special Advice and Consent of the Estates of Parliament Collected and Extracted from the Registers and Records of Parliament by GEORGE Viscount of Tarbat Lord McLeod and Castle-haven c. Clerk to His Majesties Councils Registers and Rolls c. EDINBURGH Printed by the Heir of Andrew Anderson Printer to His most Sacr●d Majesty Anno Dom. 1686. Cum Privilegio GOD SAVE KING JAMES THE SEVENTH LAWS and ACTS Made in the SECOND SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN JAMES VII By the Grace of GOD KING of SCOTLAND ENGLAND FRANCE and IRELAND Defender of the Faith Holden at EDINBURGH the 29 of April 1686. I. ACT of Dissolution of the Lands of Cesnock and Duchal May 18. 1686. OUR SOVERAIGN LORD and Estates of Parliament Taking into Their Consideration That His Majesties Commissioner as having special Warrand and Instruction from His Majesty Having Proposed and Expounded in plain Parliament The Gr●●t and Faithfull Services Done to His Majesty and His Royal B●●ther of ever blessed memory by Iohn Lord Viscount of Melfor●● one of His principal Secretaries of State and his constant Zeal 〈◊〉 Faithfulness to the Interest of the Crown and particularly Tha● His Majesty was sensible of the many Journeys made by the said ●ohn Viscount of Melfort from Scotland to the Court of England upon occasions of great Importance to the Service of the Crown and Government for most of which he had no allowance at least none suitable to his Expenses And that he had Faithfully executed several Offices of great Trust as Lieutenant General and Master of the Ordnance Lieutenant Governour of the Castle of Edinburgh Thesaurer Deput and Secretary of State for His Majesties Ancient Kingdom of Scotland In which Imployments he did very well behave himself That he was instrumental in the Defeat of the Rebels at Bothwell-bridge was diligent against the Rebels thereafter And at great Pains and Charges in the Circuits for the Shires of Lanerk Stirling Renfrew and Dumbarton in the year 1684. And that he had performed several other good and acceptable Services As also His Majesties Commissioner as having speciall Warrand and Instruction from His Majesty Having proposed to the Estates of Parliament That His Majesty judging it fit for the Interest of His Crown and the Good and Wellfare of this Kingdom To Purchase and Acquire from the said Iohn Viscount of Melfort the Lands Baronies and others aftermentioned wherein the said Viscount stands Heretably Infest viz. The Lands and Barony of Muirhall Comprehending therein the Lands of Inverneil Kilmo●r Dounanoltich Craigmoiral Kilbryd Kilmorich Auchinbreck Melfort Kenmore Knaps Kilmorie Kilberrie Auchinsalloch Imstremich Barleamich Dounarderie Eunichan Kildalban Dargachie Cariedale Drummoir Crear Oib Muirhall and several other Lands Teinds and Rights mentioned in the Charter thereof Granted by His Majesty to the said Iohn Viscount of Melfort of the Date the nineteenth day of March 1686. Which did formerly pertain to Sir Duncan Campbel of Auchinbreck Iohn Campbel of Melfort Iohn Campbel of Knap Dougal Campbel of Kilberrie Patrick Mccairter of Imstremich Eivor Mccivor of Askins Donald Mcaveish of Dounarderrie Neill Campbel of Evneichan Campbel of Kildalban Iohn Campbell of Dargathie Duncan Campbell of Cariedale Alexander Mcmillan of Douniemoir Donald Mcneill of Crear Alexander Mcerverlich of Oib Alexander Campbel of Oitter William Denholm of Westsheill Mr. Alexander Campbell Advocat Collin Campbell elder of Allangreig and Duncan Campbell younger thereof and Stuart younger of Cultness And which fell in His Majesties hands by the Forefaulture of the forenamed persons And likewise the Lands and Barony of Melfort Comprehending the Superiorities and the Feu-Duties of the Lands of Rayra and the Isle of Loung The Lands of Torsay The Lands and Isle of Shennay The Lands of Daginneish Armadie Auchnasoul Ragray and of many other Lands particularly mentioned in the Charter thereof Granted by His Majesty under His Majesties Great-Seal to the said Iohn Viscount of Melfort of the Date the day of 1685. Which Superiorities and Feu-Duties pertained formerly to Archibald Campbel late Earl of Argile and fell in His Majesties hands by his Forefaulture Excepting only the Superiorities and Feu-Duties of Glen Ila Balquhan Spitletown of Balquhan Edinample and Menstrie which are Reserved to the said Viscount of Melfort The saids Lands and Baronies being of a vast and great extent and containing great Superiorities and as lying and being Situat in the Highlands and formerly belonging to the late Earl of Argile and others of his Party who were involved in the late Rebellion and Forefault for their accession thereto has always been subject to Disorders which might indanger the publick Peace which being in His Majesties hands And His Royal Authority and Interest concurring may Restrain and prevent the same and His Majestie conceiving it just and reasonable That the said Iohn Viscount of Melfort in lieu and place of the foresaids Lands and Baronies formerly belonging to him and which at His Majesties Desire he is willing to Resign in His Majesties Hands ad perpetuam remanentiam should have a full Recompence and Satisfaction for the same And His Majesty Designing to Give and Dispone in Permutation and Excambion thereof The Lands and Barony of Riccartoun The Lands and Barony of Cesnock and Galstoun with the Tower of Cesnock and Pertinents The Lands and Barony of Barr The Lands and Barony of Castlemains and Cumnock The Lands and Barony of Hainring Ross all lying within the Sheriffdom of Air formerly pertaining to Sir Hugh and Sir George Campbels sometime of Cesnock The Lands and Barony of Duchall and the Lands of Porterfield with the Pertinents which pertained to Porterfield sometime of Duchall and all other Lands Teinds and Rights whatsomever belonging to the said Sir Hugh and Sir George Campbels and Porterfield And upon their Forefaulture did come in His Majesties Hands and are Annexed to the Crown by the Fourty two Act of the first Session of this current Parliament Dated the sixteenth day of Iune 1685. And albeit His Majesty be satisfied that the said Transaction and Excambion is of advantage to His Majesty and His Crown and for the Good and Wellfare of this Real ● upon the Considerations foresaid And that the Lands and others which the said Viscount of ●elfort is willing to Resign in His Majesties hands are of greater yearly Rent and Value Y●● His Majesty has thought fit re integra to propose the same in plain Parliament That they m●● seriously
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
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 M●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
The Clerkships of the Justices of Peace being Dependences of the Secretaries Office THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Has Repelled Cassed and Annulled and hereby Repells Casses and Annulls the foresaid Clause in the Sixteenth Act of the last Session of this current Parliament Allowing the Iustices of Peace to Nominate their own Clerks and Declares the same to have no Force Strength nor Effect from the beginning and to be null and void in all time coming XXI ACT In Favours of John Adair Geographer for Surveying the Kingdom of Scotland and Navigating the Coasts and Isles thereof June 14. 1686. OUR SOVERAIGN LORD and Estates of Parliament Taking into their Consideration that exact Geographical Descriptions of the several Shires within this Kingdom will be both Honourable and Useful to the Inhabitants and the Hydrographical Description of the Sea-Coasts Isles Creiks Firths and Lochs about the Kingdom are not only Honourable and Useful but most necessary for Navigation and may prevent several Ship-wracks The want of such exact Maps having occasioned great losses in time past And likewise thereby Forraigners may be Invited to Trade with more Security on our Coasts And Considering That Iohn Adair hath given notable Experiments of his great Skill Diligence and Qualifications for performing so good a Work And having signified his willingness to perform the same on allowance of competent Expence THEREFORE His Majesty with Conent of the Estates of Parliament Doth Ordain and Enact That one shilling scots be exacted out of ilk Tun from all the Ships and other Vessels above eight Tunns within this Kingdom excepting Lighters and Fisher-boats and two shilling scots out of each Forraign Ship yearly for the space of five years next ensuing Commensing from Whitsunday this year 1686. and this for defraying the Charge of Hydrographical Maps for the use of the Sea-men which one shilling and two shilling respectivè per Tun Is hereby Ordained to be Collected by the several Collectors of His Majesties Customs who are to deliver the same to the general Collector or Fermer of His Majesties Customs yearly upon Oath at the Term of Martinmas and the same to be payed in to any the Lords of His Majesties Privy Council shall appoint to receive the same to be given to the said Iohn Adair as the saids Lords shall appoint at the said Term ilk year during the space above-written and the saids Collectors are also to deliver to the said Iohn Adair subscribed Lists of the saids Ships with their respective Burdens as the ground of their Charge yearly And the said Iohn Adair is to give account yearly at Martinmas of what progress he hath made as to the Hydrographical Maps to His Majesties Privy Council or such as they shall Commissionat for Inspecting the same As also for Defraying his Expence for drawing of the Maps of the several Shires It is Statute and Ordained That the Sheriffs of each respective Shire Baillies of Regality Stewarts of Stewartry shall at the desire of the said Iohn Adair when he comes to their Shire or Bounds for the end aforesaid Call the Heretors in the said Shire And it is hereby Recommended to them to appoint a suitable Encouragement for defraying the Expence of Surveying the said Shire to be Collected by the Collector of His Majesties Supply immediatly after the said Meeting As likewise That they appoint one or two knowing men in each Paroch to go alongst with the said Iohn Adair when he is actually Surveying the same to design unto him the particular places of each Paroch for the more exact performance of the said Work And Ordains the Collector thereof to deliver what shall be Collected to the said Iohn Adair upon his presenting the Draught of the Map to the respective Sheriffs or others foresaid And likewise The said Iohn Adair giving account yearly to His Majesties Privy Council of his Diligence therein and when the said Geographical and Hydrographical Maps are perfected The care of having the same Printed in a good Edition is Recommended to His Majesties Privy Council XXII ACT and Commission for Plantation of Kirks and Valuation of Teinds June 14. 1686. FORASMUCH as His Majesties Father of ever blessed memory out of His Royal Care and Zeal for the Reformed Religion within this Kingdom and the Maintainance and Provision of the Ministry and Churches thereof and the Peace of the Kingdom and for preventing and settleing all Differences that did or might arise betwixt Titulars and others having right to Teinds and Heretors concerning the Leading and Drawing of their Teinds and immediatly after His attaining and succeeding to the Crown Gave Forth and Emitted His Royal Declaration anent the Premisses and the other particulars therein-specified And in pursuance of the Ends foresaids Divers Laws and Acts of Parliament were made in the year of our Lord 1633. His said Majesty being then present in His Royal Person and since divers Acts of Parliament and Commissions have been Made Given and Renewed to that purpose and particularly by the 15 Act of the 3 Session of the 2 Parliament of King Charles the Second His Majesties umquhile Royal Brother of ever blessed memory And His Majesty being Resolved and desirous to Prosecute so good a Work for the universal Good of His Subjects and especially for the Encouragement of the Ministers of the Gospel THEREFORE His Majesty with Advice and Consent of His Estates of Parliament Gives full Power and Commission to His Majesties Officers of Estate for the time being and to Or any thirteen of them to be a Quorum whereof three of every Estate with one of the Officers of Estate to Meet and Conveen at Edinburgh the day of years and such other place or places times or dyets as they shall appoint To Value and cause be Valued whatsomever Teinds great or small Parsonage or Viccarage within this Kingdom which are yet Unvalued Declaring That where the Viccarage of any Paroch is a several Benefice and Title from the Parsonage the same shall be severally Valued to the effect the Titulars or Ministers serving the Cure having Right to the said Viccarage be not frustrated of the true worth thereof With power to the saids Commissioners or Quorum foresaid to appoint Committees or Sub-Committees of their own number and to grant Sub-Commissions and to receive Reports from them and to approve or disapprove the same as they shall find just And to Rectifie whatsoever Valuations Led or to be Led to the Enorm prejudice of the Titulars or the hurt and detriment of the Church and prejudice of the Ministers Maintainance and Provisions Providing always Likeas it is hereby expresly Provided and Declared That where Valuations are lawfully Led against all persons having interest and allowed by former Commissions the same shall not be drawn in question nor Rectified upon pretence of Enorm Lesion at the Instance of the Minister not being Titular or at the Instance of His Majesties Advocat in respect of His
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
at Edinburgh the day of years and thereafter at such times and dyets as they shall appoint And with power to the saids Commissioners to take full and exact Tryal of all abuses and other Exorbitancies or Exactions which are practised in prejudice of His Majesties Liedges in any Offices of Judicature or others within this His Ancient Kingdom And to take Tryal and Information by all manner of Probation thereanent and how the saids Abuses have creept in and from what time and to take notice and tryal of the Authors and Committers thereof and to Transmit an exact and perfect Accompt of the same to His Majesty that He may signifie His Royal Pleasure and give what Directions therein He thinks just And for the effectual preventing and restraining the same in time coming His Majesty with Advice and Consent foresaid Does hereby Authorize and Impower the foresaids persons or Quorum thereof to make such Orders Acts and Constitutions for Regulating the same in time coming as they shall find just under such Penalties and Certifications to be incurred by the Contraveeners as the saids Commissioners shall find necessary in that behalf All which Acts Ordinances and Constitutions made by the saids Commissioners and Approven under His Majesties Royal Hand His Majesty with Advice and Consent foresaid Does Ratifie Approve and Confirm And Decerns and Ordains the same to be put to Execution and to have full Force Strength and Effect against the Contraveeners in all time coming As likewise His Majesty with Consent foresaid Does hereby Authorize and Impower the saids Commissioners to prescrive and set down clear and distinct Rules for the Inferiour Judicatures in this Kingdom as to their competency and the Nature of their Jurisdictions that His Majesties Leidges may be at a certainty and not be put to trouble and expence by being called and forced to compear and attend before different Courts for the same cause hereby Inhibiting and Discharging the saids Judges to proceed or determine in any other Actions or Causes than what shall be found by the saids Commissioners to be proper and competent for their Jurisdictions Declaring all such Acts and Decreets to be given and pronounced by them in matters not competent to their Jurisdictions to be null and void and the Judges to be lyable to the damnage and prejudice of the Party grieved and to be punishable at the sight of the Lords of Privy Council for transgressing their Jurisdiction And to the effect so just and necessary a Work may meet with no obstruction from the negligence or not attendance of the foresaids Commissioners His Majesty with Advice and Consent foresaid Statutes Ordains and Declares That the Commissioners who without a just and lawful excuse to be allowed by such of the Commissioners who shall meet shall not attend the dyets of meeting appointed or to be appointed for carrying on of the said Work shall incur the pain of tolies quoties to be disposed of by the Commissioners as they shall think just And for which Letters of Horning and Poynding are hereby granted And it is hereby Declared That this Commission shall continue and endure during His Majesties Pleasure and ay and while the same shall be recalled or discharged by His Majesty XXIV ACT anent an humble Offer to His Majesty for an Imposition upon certain Commodities for defraying the Expence of a free Coynage and other matters relating to the Mint Iune 14. 1686. OUR SOVERAIGN LORD and the Estates of Parliament Considering the great advantages that may accresce to this His Ancient Kingdom by encouraging the Importation of Bullion to be Coyned in His Majesties Mint and that a free Coynage is of all others the greatest encouragement for that end And the Estates of Parliament taking into their Consideration That the Charge and Expences of a free Coynage cannot be supported without their giving unto His Majesty a suitable Found for the same THEREFORE They Do out of a due Sense of His Majesties great Care for the Prosperity of this His ancient Kingdom Humbly offer unto His Majesty twelve shillings Scots for each Ounce of Bullion Imposed by the eight Act of the first Session of the second Parliament of King Charles the Second upon the several Commodities therein-specified viz. Spainlsh Rhenish and Brandy Wines of all sorts each Tun fourteen pound and eight shilling scots money French Wines of all sorts every Tun seven pound four Shillings scots Paper for Printing and Writing of all sorts every six Rims twelve shillings scots Gray-paper every twelve Rims twelve shillings scots Dails every thousand three pounds scots Single-Trees every thousand three pounds scots Double-Trees every thousand six pounds scots Double Double-Trees and all other great Fir-Timber every thousand twelve pounds scots Steel every hundred weight twelve shillings scots Iron and Iron-Work beaten of all sorts every Tun one pound four shillings scots Onyons and Apples every two Barrels twelve shillings scots Mum-beer every Barrel two pounds eight shillings scots Prunes every Tun two pound eight shillings scots Raisins Currans and Figs every Tun six pounds scots Iron Pots of all sorts every duzon twelve shillings scots Soap every Barrel one pound four shillings scots Suggar-Candy every hundred weight six pound scots Copper-Kettles Brass-Pans and all other made Work in Brass or Copper yetlin or beaten every hundred weight two pound eight shillings scots Mader every thousand weight three pounds scots Harts of all sorts every three dozen one pound four shillings scots Window-Glass of all sorts every Chest twelve shillings scots Lemons and Oranges every thousand twelve shhillings scots Hopes of all sorts every hundreth weight twelve shillings scots Spanish-Leather Marikin Tanned-Leather Wild-Leather and all other sorts of Leather except Muscovia-Leather every hundred weight twelve shillings scots Gloves of all sorts each duzon twelve shillings scots Whale-bone or Ballen every two hundred weight twelve shillings scots And His Majesty with Advice and Consent of His Estates of Parliament Doth hereby Rescind and Annull the eight Act of the second Parliament first Session of King Charles the second and in all time-coming Statutes and Ordains That the above-mentioned sums upon the foresaids Commodities Imported into this Kingdom shall be payed in to the Tacks-men and Collectors of His Majesties Customs by the Merchants or other Importers of the saids Goods before they break bulk in the same way and manner that His Majesties Customs upon Forraign Commodities are payed in by the Merchants and others And Ordains the General-Collectors Tacks-men and Farmers of His Majesties Customs to Compt yearly in Exchequer for the whole Imposition above-specified according to the rate of twelve shillings scots per Ounce in stead of the Ounce of Bullion formerly payed in in specie by the Merchants and to make a general AEque for their several Sub-Collectors And His Majesty with Advice and Consent foresaid Doth hereby Annex the foresaid Imposition for ever unto the Imperial Crown of this Kingdom to remain with His Majesty His Heirs and
ponder and consider the said particular Services done and performed by the said Vi●●ount of Melfort to His Majesty and His Crown And the foresaid Proposal as to the Transact●on and Excambion above-mentioned and give His Majesty Their Advice Judgement and Determination thereanent And the Estates of Parliament after mature Deliberation Treating and Consulting anent the Premisses being fully satisfied and convinced That either the said particular Services Done and Performed to His Majesty by the said Viscount of Melfort The truth whereof is sufficiently known and did appear to Them or the foresaid Permutation and Excambion are Just Sufficient and Important Reasons concerning both His Majesties Interest and the publick Good and Wellfare of this Kingdom That They should Advise and Consent to His Majestes Giving and Disponing the saids Lands Baronies and others above-exprest to the said Iohn Viscount of Melfort his Heirs and Assigneys and for that effect that the saids Lands should be dissolved from the Crown and from the said Act of Annexation THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Decerns Ordains and Declares That the saids Lands and Barony of Riccartoun The Lands and Baronies of Cesnock and Galstoun with the Tower of Cesnock and Pertinents The Lands and Barony of Bar The Lands and Barony of Castlemains and Cumnock The Lands and Barony of Haining-Ross all lying within the Sherifdom of Air formerly pertaining to the said Sir Hugh and Sir George Campbels sometime of Cesnock And the Lands and Barony of Duchal and the Lands of Porterfield with the Pertinents which pertained to Porterfield sometime of Duchall And all other Lands Teinds and Rights whatsomever belonging to the said Sir Hugh and Sir George Campbels and Porterfield may be Disponed to the said Viscount and his forefaids And for that effect has Dissolved and hereby Dissolves the same from the Crown and Patrimony thereof And from the foresaid Act of Annexation made the sixteenth day of Iune One thousand six hundred eighty five And from all other Acts of Annexation and from all Clauses Qualities and Conditions therein-contained And His Majesty with Advice and Consent foresaid Finds Decerns and Declares That this present Act of Dissolution having proceeded upon the Advice and Deliberation of the Estates of Parliament re integra And found by the saids Estates to be for Great Weighty and Reasonable Causes Concerning the Goop Wellfare and Publick Interest of the whole Kingdom First Proposed and Advised and maturely Pondered and Considered before any previous Grant or other Right or Deed Given Made or Done by His Majesty in Favours of the said Viscount of Melfort and his foresaids of the Lands and others particularly and generally above-mentioned or any part or portion of the same Does fully satisfie the whole Clauses Conditions and Qualifications contained in the foresaid Act of Annexation and shall have the Force Strength and effect of a general Law or Act of Parliament and shall be as valid and effectual to the said Viscount of Melfort and his foresaids for the Security of the Lands Baronies and others above-exprest as any other Act of Dissolution Granted by His Majesty or His Royal Ancestors with Advice and Consent of the Estates of Parliament in Favours of whatsoever Person at any time hereafter Likeas His Majesty with Advice and Consent foresaid Finds Decerns and Declares That this present Act of Dissolution shall not be understood to fall under or be comprehended in any Act Salvo jure To be past in this or any other Session of this current Parliament But is hereby excepted therefrae in all time coming II. ACT For the better Inbringing of His Majesties Supply May 26. 1686. OUR SOVERAIGN LORD Considering That by a Clause in the Act of Convention of Estates Iuly 10. 1678. It is Provided That Persons lyable in payment of the Supply then Imposed should not be holden to produce Discharges or Receipts of the samen after the tenth day of June 1686. years And seing there is a great part of the Cess and Supply yet resting unpayed for which no Diligence is done THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Statuts Ordains and Declares That the particular Collectors in each Shire for whom the Commissioners are answerable shall be lyable in all time coming to do Diligence by Quartering or Denunciation against the Deficients at the head Burgh of the respective Shires where they live And Declares the said Diligence so to be used shall be sufficient to stop and interrupt the prescription and make the Deficients lyable notwithstanding of the Clause in the foresaid Act finding them not lyable to produce their Discharges after the said day And because the time prescribed by the said Act is now near elapsed THEREFORE His Majestie with Advice and Consent foresaid Does Prorogat the same untill the first day of November next To the Effect the particular Collectors may do Diligence in the mean time Likeas His Majesty and the Estates of Parliament Statutes and Ordains in time coming That all Cess which shall not be payed w●thin six Moneths after the same falls due shall bear Annualrent after elapsing of the said six Mone●hs albeit Horning or other Diligence be not used for the same And whereas by the Act 3. Par. 3. Ch. 2. The number of Foot to be imployed in Parties for Quartering upon the Deficients is Declared to be six Foot for every 1000. Pounds of Deficiency and so proportionally Which number is not sufficient nor proportionable to the number of Horses or Dragoons appointed by the same Act. It is therefore hereby Ordained and Declared That the number of Foot hereafter to be imployed shall be fifteen for each 1000 Pounds Scots and so proportionally And the number of Horses and Dragoons to continue as formerly And likewise Statutes and Ordains That if the Parties appointed to Quarter shall not exact their Quartering money every twenty days at least That they shall not have power to exact the same thereafter It being always Competent to the Parties in case they get not voluntar payment to poynd therefore within the said time any Goods belonging to the persons on whom they are Quartering in the ordinary way appointed by Law And it is hereby Enacted and Declared That Deficient Money shall only be due to Parties so long as they are actually Quartering within the Shire and that the Quartering Money shall commence and be payed according to the foresaid Act of Convention of Estates III. ACT Ordaining Interlocutors to be Subscribed by the Iudges May 26. 1686. OUR SOVERAIGN LORD with Advice and Consent of His Estates of Parliament Statutes and Ordains That from and after the first of November next All Interlocutors pronounced by the Lords of Council and Session and all other Judges within the Kingdom shall be Signed by the President of the Court or the Judge pronouncer thereof And His Majesty with Advice foresaid Prohibits and Discharges the Clerks upon their peril to Extract any Acts or