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A58639 The laws and acts made in the fifth session of the first Parliament of Our Most High and Dread Soveraign William, by the grace of God, King of Scotland, England, France and Ireland, defender of the faith holden and begun at Edinburgh, May 9. 1695 by John Marquess of Tweeddale ... with the special advice and consent of the estates of Parliament / collected and extracted from the registers and records of Parliament, by George, Viscount of Tarbat ...; Laws, etc. Scotland.; Cromarty, George Mackenzie, Earl of, 1630-1714.; Tweeddale, John Hay, Marquess of, 1626?-1697. 1695 (1695) Wing S1269; ESTC R40608 63,831 77

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Earl and Countess of Seaforth Act in Favours of Sir Thomas Livingston Decreet against Mr. Thomas Craven Mr. Andrew Burnet and Mr. Alexander Thomson Decreet the Earls of Roxburgh Haddington Galloway and others against the Earl of Lothian Decreet in favours of Mr. Thomas Skeen Protestation the Earl of Lothian against the Earl of Roxburgh and others Act in favours of the Kings Colledge of Old Aberdeen Decreet the Co-heirs of Carnock against Nicolson of Tilly-Cultry Act in favours of the Children of the first marriage of the Earl of Melfort Decreet of Forefaulture against the Earls of Midleton● Melfort and Sir Adam Blair Act in favours of Collonel Hill Reference the City of Edinburgh and Earl of Melvill Recommendation in favours of Sir David Carnegy of Pittarow Recommendation in favours of the Laird of Lundy Act in favours of Gilbert Meuzies of Pitfoddels Act in favours of Mr. Thomas Craven Mr. Andrew Burnet and Mr. Alexander Thomson Act and remit the Town of Edinburgh and AEneas M cleod Act in favours of Iames Lyel Act in favours of Sir Alexander Hope of Kerse and others Remit Process of Forefaulture against the Rebels in France depending before the Parliament to the Justice Court Order for apprehending Lieutenant Collonel Hamilton Order anent Mr. Alexander Barclay Act anent Mr. Bernard M ckenzie Order anent Mr. Gilbert Ramsey Act in favours of the Burgh of Cullen Order for re printing of the Act for the Supply Address to His Majesty anent the Slaughter of the Glencoe-men Protection in favours of the Glencoe-men Recommendation in favours of the Laird of Grant Act for a Manufactory of White-paper Order anent the Clerks and Collectors of Supply Act and remit the Laird of Rothemay and Abernethy of Mayens Act in favours of the Linen-manufactory Act in favours of the Lord Frazer Decreet Sir Iohn Dempster of Pitliver against the Earl and Countess of Seaforth Remit in favours of the Lady Dowager of Beilhaven Remit Clara and Patricia Ruthvens and Sir Alexander Hope of Kers Recommendation in favours of Alexander Duff of Braco Recommendation in favours of the Synod of Argile Recommendation in favours of the late Bishop of Argile Order and Warrand anent Iohn Dick and the Town of Stirling Recommendation in favours of Heriots Hospital Act in favours of the Laird of Hoptoun Act and Commission for reviseing the Laws Act in favours of His Majesties Advocat Act in favours of the Town of Air. Act in favours of the City of Aberdeen Act in favours of the Town of Irwin Act in favours of the Laird of Colloden Act in favours of the Earl Marischals Colledge of Aberdeen Recommendation in favours of Sir Thomas Stewart of Kirkfield Recommendation in favours of Sir Colin Campbel of Abberuchil Recommendation in favours of Duncan Forbes of Culloden Recommendation in favours of the Children of the first and second Marriage of Sir Andrew Dick. Recommendation in favours of Elizabeth Duncan and her Son Recommendation in favours of Mrs. Gillespy Recommendation in favours of Captain Walter Lockhart of Kirktoun Remit Mr. Iames Da●s and Iames Hay of Carribber to the Session Act and recommendation in favours of Iames Bain Remit in favours of Iames Crawfurd of Montquhanny Sir Thomas Kennedy and others Recommendation in favours of the Laird of Kilmaronock Remit in favours of the Laird of Glenkindy and Sir Adam Blair Remit Mr. Alexander Heggins and Iohn Callender Act in favours of George Baylie of Ierviswood Recommendation in favours of William Boig Recommendation in favours of the Laird of Culbin Order the City of Edinburgh and the Laird of Comistoun Act in favours of the Laird of Langtoun Act in favours of William Beatty Recommendation in favours of the Burgh of Fortross Recommendation in favours of Iohn Spotswood Decreet in favours of Mrs. Lilias Stewart Act in favours of Iames Curry late Provost of Edinburgh Act in favours of Comb-makers Act in favours of Alexander Fearn Act in favours of William Scot and Iohn Heislop Act anent the Earl of Broadalbane Recommendation in favours of the Macers and Keepers of the Parliament House Act in favours of Robert Douglass Act in favours of Iohn Adeir and Captain Slezer Act in favours of Whitefield Heyter and others Act in favours of the Heirs of Taylzie of Mauldsly Act for erecting a publick Bank Act in favours of the Burgh of Dysart Act in favours of the Burgh of Culross Acts for several Fairs and Weekly Mercats Act and Ratification in favours of Sir Iohn Hall of Dunglass Ratification in favours of the Chyrurgions and Chryurgion-Apothecaries of Edinburgh Protestation the Town of Edinburgh against the same Ratification in favours of the Nine Trades of Dundee Protestation the Walkers and Litsters of Dundee against the same Ratification in favours of the Burgh of Breichen Ratification in favours of the Candlemakers of Edinburgh Ratification in favours of the Walkers and Litsters of Dundee Protestation the Town and Trades of Dundee against the same Ratification in favours of Alexander Spittel of Leuchit Ratification in favours of the Piriwig-makers of Edinburgh Ratification in favours of Iames Lindsay of Dovehill Ratification in favours of the Cowpers of Glasgow Protestation the Town of Glasgow against the same Ratification in favours of William Rai●ly of Brunsfield Ratification in favours of the Laird of Rowallan Ratification in favours of Sir William Stewart of Castle-milk Ratification in favours of the Viscount of Tarbat Protestation the City of Edinburgh against the same Ratification in favours of Sir Iames Falcon●r of Ph●sdo Ratification in favours of William Cunningham Brother to Gilbertfield of the Lands of Kilbryde Ratification in favours of James Turner FINIS These are Allowing the Two Acts past in Parliament on the Twenty second Day of Iuly One thousand six hundred and ninety Years in Favours of Sir Patrick Home of Polwarth now Lord Polwarth to be Printed TARBAT Cls. Registri ACT Rescinding the Forefaulture of Sir Patrick Home of Polwarth Edinburgh Iuly 22. 1690. OUR SOVERAIGN LORD and LADY the KING and QUEENS Majesties and the ESTATES of PARLIAMENT Considering That the Meeting of the ESTATES of this Kingdom In the Claim of Right Dated the Eleventh of April One thousand six hundred eighty and nine years Have declared that the causing Pursue and Forefault Persons upon weak or frivolous Pretences or upon lame and defective Probation is contrary to Law And also that all Forefaultures are to be considered and the Parties laesed to be redressed And having considered the Process of Forefaulture led and deduced before the Three Estates of Parliament upon the twenty second of May One thousand six hundred eighty and five years against Sir Patrick Home of Polwarth in absence with the Decreet and Doom of Forefaulture following thereupon and that the Pretences insisted upon in the said Proces of Forefaulture against the said Sir Patrick Home Viz. His meeting with the deceast Mr. Robert Martine and other Persons at the Places therein Lybelled and discoursing with them of the extream Hazard that threatned
this Kingdom or from any other parts or places in Amity or not in Hostility with His Majesty in Warlike or other manner to any Lands Islands Countreys or Places in Asia Affrica or America and there to Plant Collonies build Cities Towns or Forts in or upon the places not Inhabited or in or upon any other place by consent of the Natives and Inhabitants thereof and not possest by any European Soveraign Potentate Prince or State and to provide and furnish the foresaid Places Cities Towns or Forts with Magazines Ordinances Arms Weapons Ammunition and stores of War and by force of Arms to de end their Trade and Navigation Collonies Cities Towns Forts and Plantations and other their effects whatsoever as also to make Reprisals and to seek and take Reparation of Damnage done by Sea or by Land and to make and conclude Treaties of Peace and Commerce with the Soveraigns Princes Estates Rulers Governours or Proprietors of the foresaid Lands Islands Countreys or Places in Asia Affrica or America Providing always Likeas It is hereby specially provided that all Ships imployed by them shall return to this Kingdom with their effects under the pain of Confiscation Forefaulture and Seizure of the Ship and Goods in case of breaking of Bulk before their Return excepting the case of Necessity for preserving the Ship Company and Loadning allanerly And His Majesty with Consent foresaid doth farder Statute and Ordain that none of the Leidges of this Kingdom shall or may Trade or Navigat to any Lands Islands Countreys or Places in Asia or Affrica in any time hereafter or in America for and during the space of thirty one years to be counted from the passing of this present Act without License and Permission in writing from the said Company Certifying all such as shall do in the contrair hereof that they shall Forefault and Omit the third part of the Ship or Ships and of the Cargo or Cargoes therein Imployed or the Value thereof the one hal to His Majesty as Escheat and the other half to the Use and Benefit of the said Company For the effectual Execution whereof it shall be lawful to the said Company or any Imployed by them to Seize the saids Ships and Goods in any place of Asia or Affrica or at Sea upon the Coasts of Asia or Affrica upon the transgression foresaid by force of Arms and at their own hand and that without the hazard of incurring any Crime or Delinquency whatsomever on account of the said Seizure or any thing necessarly done in Prosecution thereof excepting always and without prejudice to any of the Subjects of this Kingdom to Trade and Navigat During the said space to any part of America where the Collonies Plantations or Possessions of the said Company shall not be settled And it is further hereby Enacted that the said Company shal have the Free and Absolute Right and Property onely Relieving and Holding of His Majesty and His Successors in Soveraignity for the onely acknowledgment of their Allegeance and paying yearly a Hogshead of Tobacco in name of Blench-duty if required allanerly in and to all such Lands Islands Collonies Cities Towns Forts and Plantations that they shall come to Establish or Possess in manner foresaid As also to all manner of Treasures Wealth Riches Profits Mines Minerals Fishings with the whole Product and Benefit thereof as well under as above the Ground and as well in Rivers and Seas as in the Lands thereto belonging or from or by reason of the same in any sort together with the Right of Government and Admirality thereof and that the said Company may by vertue hereof grant and delegat such Rights Properties Powers and Imunities and permit and allow such sort of Trade Commerce and Navigation into their Plantations Collonies Cities Towns or Places of their Possession as the said Company from time to time shall judge fit and convenient VVith power to them to impose and exact such Customs and other Duties upon and from themselves and others Treading with and coming to the said Plantations Cities Towns Places and Ports and Harbours thereof as the Company shal think needful for the maintainance and other publick uses of the same Holding always and to hold the whole Premisses of His Majesty and his Successors Kings of Scotland as Soveraigns thereof and paying only for the same their acknowledgement and allegeance with a Hogshead of Tobacco yearly in name of Blench Duty if required for all other Duty Service Claim or Demand whatsomever With power and liberty to the said Company to Treat for and to procure and purchase such Rights Liberties Priviledges Exemptions and other Grants as may be convenient for supporting promoting and enlarging their Trade and Navigation from any foreign potentate or Prince whatsoever in amity with his Majesty for which the general Treaties of Peace and Commerce betwixt His Majesty and such Potentates Princes or States shal serve for sufficient Security Warrand and Authority and if contrair to the saids Rights Liberties Priviledges Exemptions Grants or Agreements any of the Ships Goods Merchandise Persons or other Effects whatsoever belonging to the said Company shal be slopt detained embazled or away taken or in any sort prejudged or damnified His Majesty promises to interpose his Authority to have restitution reparation and satisfaction made for the Dammage done and that upon the publick Charge which His Majesty shal cause depurse and lay out for that Effect And farder it is hereby Statute that all Ships Vessels Merchandise Goods and other Effects whatsoever belonging to the said Company shal be free of all manner of Restraints or Prohibitions and of all Customs Taxes Cesses Supplies or other Duties Imposed or to be Imposed by Act of Parliament or otherwise for and during the space of twenty one years excepting alwise the whole Duties of Tobacco and Suggar that are not of the Growth of the Plantations of the said Company And farder it is Enacted that the said Company by Commission under their common Seal or otherwise as they shal appoint may make and constitute all and every their Directors Governours and Commanders in Chief and other Officers Civil or Military by Sea or by Land As likewise that the said Company may Inlist Inroll Agree and Retain all such persons Subjects of this Kingdom or others whatsoever as shal be willing and consent to enter in their Service or Pay providing always that they Uplift or Levy none within the Kingdom to be Soldiers without Leave or Warrand first obtained from His Majesty or the Lords of His Privy Council over which Directors Governours Commanders in Chief or other Officers Civil or Military and others whatsoever in their Service and Pay the Company shal have the Power Command and Disposition both by Sea and Land And it is farder Statute That no Officer Civil or Military or other Person whatsoever within this Kingdom shal Impress Entertain Stop or Detain any of the Members Officers Servants or others whatsoever off or belonging to
the said Company And in case the said Company their Officers or Agents shal find or understand any of their Members Officers Servants or others aforesaid to beImpressed Stopped or Detained they are hereby Authorized and Allowed to take hold of and Release the foresaid Person Impressed or Stopped in any part of this Kingdom either by Land or Water and all Magistrats and others His Majesties Officers Civil and Military and all others are hereby required in their respective Stations to be Aiding and Assisting to the said Company under the Pain of being lyable to all the Loss Dammage and Detriment of the said Company by reason of the foresaid persons their neglect And farder that the said Company whole Members Officers Servants or others belonging thereto shal be free both in their Persons Estates and Goods Imployed in the said Stock and Trade from all manner of Taxes Cesses Supplies Excises Quartering of Souldiers Transient or Local or Levying of Souldiers or other Impositions whatsoever and that for and during the space of twenty one years And lastly all Persons Concerned or to be Concerned in this Company are hereby Declared to be free Denizons of this Kingdom and that they with all that shal Settle to Inhabit or be Born in any of the foresaid Plantations Collonies Cities Towns Factories and other Places that shal be Purchast and Possest by the said Company shal be repute as Natives of this Kingdom and have the Priviledges thereof And generally without Prejudice of the Specialities foresaid His Majesty with Consent foresaid Gives and Grants to the said Company all Power Rights and Priviledges as to their Persons Rules Orders Estates Goods and Effects whatsoever that by the Laws are given to Companies allowed to be Erected for Manufactories or that are usually given in any other Civil Kingdom or Common-wealth to any Company there Erected for Trade and Commerce And for the better Establishment and greater Solemnity of this Act and Gift in Favours of the said Company His Majesty doth farder Ordain Letters Patent to be expede hereupon containing the whole Premisses vnder the Great Seal of this Kingdom for doing where of Per Saltum Thir Presents shal be sufficient Warrand both to the Director and Chancellor or Keeper of the Great Seal as use is in like Cases IX ACT Adjourning the Session till the First Day of November 1695. Iune 27. 1695. WHereas by a former Act in this Session of Parliament the sitting of the Session was Adjourned until the first day of Iuly next which time being found yet too short His Majesty with Advice of the Estates of Parliament continues the foresaid Adjournment until the first Day of November next to come in the Terms and with the Qualifications contained in the said first Act of Adjournment of the Session in all Points X. ACT for Pole-Money Iune 27. 1695. THe Estates of Parliament taking to their Consideration that in regard of the great and eminent Dangers that threaten this Kingdom from forraign Enemies and intestine Disaffection and the Designs of Evil Men and that our Coasts are not sufficiently Secured against Privateers and that therefore it is Necessar that a compleat Number of Standing Forces be maintained and Ships of War provided for its necessary Defence as also considering that beside the Supplie upon the Land-Rent other Fonds will be requisit for the foresaid End do for one of these Fonds freely and chearfully offer to His Majesty an Subsidy to be uplifted by way of Pole-money and for making of which Offer Effectual His Majesty with Advice and Consent of the Estates of Parliament foresaid doth Statute and Ordain That all Persons of whatsoever Age Sex or Quality shal be subject and lyable to a Pole of Six Shilling except Poor Persons who live upon Charity and the Children under the Age of Sixteen years and in familia of all these Persons whose Pole doth not exceed One Pound Ten Shilling Scots That beside the said Six Shilling imposed upon all the Persons that are not excepted A Cottar having a Trade shal pay Six Shilling more making in the hail Twelve Shilling for every such Cottar That for Each Servant shal be payed by the Master for which the Master is impowred to retain the fourtieth Part of his yearly Fee whereof Bountieth to be reckoned a part excepting Livery Cloaths in the Number of which Servants are understood all who receive Wages or Bountieth for any Work or Imployment whatsoever for the Term or the Year as they have or shall serve and in Case they be not Alimented in Familia with their Masters then if they be not above the Degree of a Cottar or Hynd they are to have two third Parts of Wages and Bountieth or if above the said Degree one Third part of Wages and Bountieths first deduced for their Aliment That all Sea-men pay Twelve Shilling Scots in name of Pole That all Tennents pay in name of Pole to the King the hundreth part of the valued Rent payable by them to the Master of the Land and appoints the Master of the Ground to adjust the Proportions of this Pole amongst his Tennents according to the respective Duties payable by them in Money or Victual effeiring to his valued Rent That all Merchants whether Sea-men Shop-keepers Chapmen Tradesmen and others whose free Stock and Means not Including Workmens Tools Houshold-plenishing nor Stocks of Tennents upon the Farms and Possession is above five hundreth Merks and doth not extend to five thousand Merks shal be subject and lyable to two pound ten Shilling of Pole And that all these not including as above whose free Stock and Means is above five thousand Merks and does not extend to ten thousand Merks shal be subject to four pound of Pole That all Merchants whether Sea-men Shop-keepers Chapmen Trades-men and others not including as above whose free Estate and Stock extends to or is above ten thousand Merks in Worth and Value shall be lyable to ten pound of Pole That all Gentlemen so holden and repute and owning themselves to be such and who will not renounce any pretence they have to be such and which Renunciations shal be recorded in the Herauld Register gratis shal be subject and lyable to three pound of pole-money if they be not otherways classed and upon another Consideration be subject to a greater Pole That all Heretors of twenty pounds and below fifty pounds of valued Rent be subject and lyable to twenty Shilling of Pole-money That all Heretors of fifty pounds and below two hundred pounds of valued Rent be subject and lyable to four pounds of Pole-money That all Heretors of two hundred pounds and under five hundred pounds of valued Rent be lyable to nine pounds of Pole-money That all Heretors of five hundred pounds or above the same and under one thousand pounds of valued Rent be subject and lyable to twelve pounds of pole-money and that they pay half a Crown for each of their Male-Children living in familia That all Heretors