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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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Declared that if any Tacks-man or Collector or other Person shal exact any thing over and above his Excise for the Discharges thereof or for the Discharge of any other publick Dues whatsoever it shal be repute as Oppression and punished accordingly by the said Commissioners who are hereby impowered to proceed against the persons guilty And His Majesty with Advice and Consent foresaid do Authorize and Impower the Lords of Privy Council to prescribe such other Methods and Orders as they shal judge necessary for making this Act effectual XXIX ACT For Continuing the Additional Excise till March 1697 with Three Months farder Cess Iuly 16. 1695. THE ESTATES OF PARLIAMENT Taking to their further Consideration the present State of the Kingdom and publick Exigencies thereof Have thought fit to Offer and do hereby Humbly Heartily Offer to His Majesty that the Additional Excise of Two Pennies upon the Pint of Ale and Bear and other Liquors Imposed for an Year beginning the first of September next by an Act of this Session of Parliament be Continued from and after the expiring of the said Year until the first of March 1697. And sicklike the Sum of Two Hundred and Sixteen Thousand Pound being Three Months Cess upon the Land-rent of this Kingdom payable at the Term of Lambmas 1696 years and that over and above the Six Months Cess already granted by another Act of this Session of Parliament And accordingly His Majesty with Advice and Consent of the said Estates Statutes and Ordains That the said Additional Excise hereby Continued as said is and the said Three Months Cess payable at Lambmas 1696 granted by this present Act shall be raised uplisted and ingathered from the persons lyable in payment in manner and for the ends appointed by the saids two respective Acts above-mentioned XXX ACT For Preservation of Meadows Lands and Pasturages lying adjacent to Sand-Hills Iuly 16. 1695. OUR SOVERAIGN LORD Considering that many Lands Meadows and Pasturages lying on the Sea-coasts have been ruined and overspread in many places of this Kingdom by Sand driven from adjacent Sand-hills the which has been mainly occasioned by the pulling up by the Root of Bent Juniper and Broom-Bushes which did loose and break the Surface and Scroof of the saids Hills and particularly Considering that the Barony of Cowbin and House and Yards thereof lying within the Sheriffdom of Elgin is quite ruined and overspread with Sand the which was occasioned by the foresaid bad practice of pulling the Bent and Juniper Therefore His Majesty with Advice and Consent of the Estates of Parliament for preventing of the like Prejudices in time coming Does strictly Prohibite and Discharge the pulling of Bent Broom or Juniper off Sand-hills for hereafter either by the Proprietors themselves or any other whatsomever the same being the natural Fences of the adjacent Countries to the saids Hills Certifying such as shall Contraveen this Act they shall not only be lyable to the Dammages that shall there-through inshew but shall likeways be lyable in the Sum of Ten Pounds of Penalty the one half thereof to belong to the Informer and the other half to the Judge within whose Jurisdiction the said Contravention shall be committed XXXI ACT For turning the Tack of the Pole 1693 into a Collection Iuly 16. 1695. OUR SOVERAIGN LORD Considering that albeit the Pole granted by Act of Parliament in the year 1693 was Set by the Lords of Thesaury and Exchequer to the Lord Ross Sir Iohn Cochran of Ochiltrie and others mentioned in the Tack thereof for the Sum of Fourty four thousand one hundred Pounds Sterling of tack-Tack-Duty as the Tack in it self bears Yet the Levying of Money by Pole being new and the Countrey and others concerned not observing the Rules and Ordinances contained in the Act of Parliament thereanent but through their Failzying incurring the Quadruples appointed by the said Act by way of Penaltie the foresaids Tacks-men were not able to pay the foresaid Dutie unless they had been allowed to exact the foresaid Quadruples which had visibly tended to the great oppression and disturbance of the whole Kingdom THEREFORE and in so singular a Case which His Majesty is resolved shal never be drawn into Example His Majesty with the Advice and Consent of the Estates of Parliament hath Liberated and hereby Liberates the foresaid Tacks-men and all others concerned therein from the said Tack and Tack dutie Discharging and Exonoring them of the Samen but with this Condition and Provision Likeas His Majesty with Advice foresaid hereby Statutes and Provides That the foresaid Tacks-men shal make just Compt and Reckoning of all their Intromissions with the said Pole-money Sicklike as if they had only been Collectors and instead of the said Tack had got a Commission allanerly for that Effect with and under always the Particular Conditions following First that the said Tacksmen be Lyable for all the Sub-Collectors and Managers Imployed by them Secondly that all their Books be made Patent and Examined And that the Tacks-men and their Sub-Collectors be examined upon Oath as to the verity thereof and whether there be any thing Omitted Thirdly that in case it be found there was any thing Received from the Countrey not given up in the Books That the Tacks-men or their Sub-Collectors be lyable in Twenty Shilling for each Shilling so Omitted Fourthly that the Rolls of the Poleable persons taken up by the several Justices of Peace Magistrats of Burghs and others be produced to be compared with the Books Fifthly That a few Comptrollers be appointed to examine Books and Accompts and adjust the whole Matter and that the Leidges be Invited Encouraged to Comptroll the said Accompts and that they be patent at a publick Office for a reasonable time to all the Leidges for that end Sixthly that the Order of Payment viz. of the Countrey in the First place and then of the Forces as Prescribed by Act of Parliament be duely and strictly observed by the Commission after-mentioned Seventhly that upon Accompts Instructed and Liquidat in due manner Retention be allowed by the commission to those to whom the said Accompts are due in the Terms of the Act of Parliament Eightly that where any Sub-tack hath been Set by the said Tacks-men the Sub-tacksmen have in their Option either to pay the sub-tack-Sub-tack-duty or make Compt Reckoning and Payment of their Intromission as Sub-collectors Ninthly that no Sallaries be allowed or given to the said Tacks-men or their Sub-tacks-men for their Collecting And to the Ef-fect the said Compt and Reckoning may proceed His Majesty with Advice and Consent foresaid Hereby Nominats and Appoints the Duke of Queensberry the Earls of Linlithgow and Levin Sir Iohn Lauder of Hattoun the Laird of Livingstoun the Laird of Torwoodlie Sir William Hamilton Sir Archibald Mure and William Menzies Commissioners three of every State Chosen by the Parliament for that Effect whereof any five to be a quorum to meet at Edinburgh the first Lawful day after the Riseing
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
of every State shal be an sufficient Quorum who being present at the down-sitting and constituting of the Meeting the withdrawing of one or more of any of the three States after constituting of the Meeting shal not breach the Quorum seven of the Commissioners of the other State or States being still present without prejudice to the Officers of State to be still Members of the said Commission tho the presence of one or more of them be not necessary to constitute the foresaid Quorum And His Majesty with consent foresaid does hereby Ratify and Approve the Twenty fourth Act of the Fourth Session and Thirtieth Act of the Second Session of this current Parliament in the hail Heads Articles and Clauses thereof excepting in so far as the samen is innovat be this present Act And the saids Commissioners are hereby appointed to meet every Wednesday in the afternoon during the sitting of the Session XIX ACT anent the Duty on Scots Muslin Iuly 5. 1695. OUR SOVERAIGN LORD with Advice and consent of the Estates of Parliament Statute and Ordain That in all time coming all Muslin plain or stript or Camrick and all sorts of Linen under whatsomever Name or Designation Manufactored within the Kingdom shal at the exporting thereof pay Custom only as Scots Linen conform to the Book of Rates XX. ACT Anent the Post-Office Iuly 5. 1695. OUR SOVERAIGN LORD considering that for the Maintainance of Mutual Correspondence and preventing of many Inconveniences that happen by privat Posts several publick Post-Offices have been heretofore erected for Carrying and Receiving of Letters by Posts to and from most parts and places of this Kingdom and that the well ordering thereof is a Matter of general Concern and of great Advantage as well for the Conveniences of Trade and Commerce as otherways and to the end that speedy and safe Dispatches may be had and that the best Means for that end will be the Settling and Establishing a General Post-Office Therefore His Majesty with Advice and Consent of the Estates of Parliament Statutes Ordains and Appoints an General Post-Office to be be keeped within the City of Edinburgh from whence all Letters and Pacquets whatsoever may be with Speed and Expedition sent into any part of the Kingdom or any other of His Majesties Dominions or into any Kingdom or Countrey beyond Seas by the Pacquet that goes Sealed for London at which said Office all Returns and Answers may be likeways received as also that a Master of the said General-Letter-Office shall be from time to time appointed by His Majesty His Heirs and Sucessors by Letters Patents under the Privy Seal of this Kingdom by the Name and Title of His Majesties Post-Master-General or otherways that the said Office may be set in Tack by the Lords of His Majesties Thesaury and Exchequer as His Majesty and His saids Successors shall think most expedient And that the said Master of the said Office or Tacks-man for the time respectively and his Deput or Deputs authorized by him for that effect and his and their Servants and no other person or persons whatsoever shall from time to time have the Receiving Taking up or Ordering Dispatching Sending Posts with Speed and Delivering of all Letters and Pacquets whatsoever which shall from time to time be sent to and from all and every the parts and places of this Kingdom to and from His Majesties Dominions or places beyond Seas where he shall Settle or cause to be Settled Posts or running Messengers for that purpose Excepting such Letters as are sent by any person or persons to and from any place within this Kingdom by their own Servants or by Express sent on purpose about their own Affairs and Letters directed along with and relating to Goods sent or to be returned by common Carriers allenarly And where Post-Offices are not erected and Posts settled His Majesty with Consent foresaid allows the Custom of sending by Carriers or others as formerly ay and while such Offices be established and no longer And farder His Majesty with Advice and Consent foresaid Statutes and Enacts that the said Post-Master-General or Tacks-man and their respective Deputs and Substitutes and no other person or persons whatsoever shall provide and have in readiness sufficient Horses and Furniture for ryding Post to all persons ryding to and from all the parts and places of Scotland where any Post Roads are or shal be settled and established But prejudice to the use of hyring of Horses which are not to ride Post as formerly And sicklike His Majesty with Advice and Consent foresaid Statutes Enacts and Ordains that it shall be lawful for the said Post-master General or Tacks-man and their saids Deputs to ask exact and receive for the Portage and Convoyance of all such Letters which he or they shall so Convoy Carry or send Post as aforesaid and for providing and furnishing Horses for ryding Post as aforesaid according to the several Ra●es and Sums after-mentioned which they are not to exceed viz. all single Letters to Berwick or any part within fifty Miles of Edinburgh two shilling double four shilling and so proportionally all single Letters to any place above fifty Miles and not exceeding a hundred Miles to pay three shilling double six shilling and so proportionally all single Letters to any place in Scotland above a hundred Miles to pay four shilling double eight shilling and so proportionally Declaring nevertheless that all single Letters with Bills of Loadning or Exchange Envoys or other Merchant Accompts inclosed and sent to any place within the Kingdom shall be onely considered as single Leters all Pacquets of Papers to pay each one as triple Letters And it shall be lawful for the said Post-Master-General Tacks-man and their Deputs to ask exact take and receive from every person to whom he or they shall furnish Horses Furniture and Guide for ryding Post in any of the Post Roads aforesaid three shilling Scots for ilk Horse hire for Postage for every Scots Mile And in like manner His Majesty with Advice and Consent foresaid strictly Prohibits and Discharges all other person or persons whatsoever as well single as Bodies Pollitick or Incorporat excepting the said Post-Master-General or Tacks-man and their Deputs and the Servants of Noblemen Gentlemen and others in the Cases particularly above-excepted allenarly to carry receive or deliver any Letters for hire or to set up or imploy any Foot Post Horse Post or to settle Post-Masters within their Jurisdictions under the penalty of twenty Pounds Scots for every Transgression and an hundred Pounds Scots for each Moneths Continuance thereof after Intimation be is made to them in the contrair and the saids penalties to be pursued for before any Judge competent the one half thereof to be applyed for the use of the Informer and the other half for the use of the said Post-Master-General or Tacks-man respective and that no common Carrier presume to carry any Letters to or from any places within this Kingdom where
Post-Offices are settled excepting the case aforesaid Certifying all such as do in the contrary that upon Seizure of any such Carrier with the Letters about him or being convicted thereof before any Judge competent he shall be imprisoned six days for ilk fault and fyned in the Sum of six Pounds Scots toties quoties And because it is not onely expedient for His Majesties Government but likeways for the Advancement of the Trade of this Kingdom that a settled Correspondence by Weekly Posts be established with His Majesties Subjects in the Kingdom of Ireland and that the said Kingdom of Ireland will not be at the expense for maintaining the Pacquet Boats for passing to and from this Kingdom Therefore His Majesty with Advice and Consent foresaid Ordains and Appoints the said General-Post-Master or Tacks-man to keep and maintain Pacquet Boats to go Weekly Wind and Weather serving from Port-Patrick in this Kingdom to Donachadee in Ireland to carry and receive all Letters to be sent betwixt this Kingdom and the Kingdom of Ireland and that the expense bestowed on these Pacquet Boats be allowed to the said General-Post-Master or Tacks-man in part of his Intromissions with the profits of the said General-Letter Office or out of the Tack Duty when the same is set in Tack or Farmed not exceeding the sum of sixty Pounds Sterling Money Yearly And His Majesty with Consent foresaid Ordains and Commands all the Sheriffs Stewarts Baillies of Regalities or Royalties Magistrats of Royal Burghs Justices of Peace and all other Judges and Magistrats whatsoever al 's well in Burgh a● Landward to concur with and assist the Post-Master-General Tacks-man and their Deputs in the Discharging of his Trust for rendring this Act effectual for the ends above-written and putting the same to all due and lawful execution within their respective bounds And His Majesty with Consent foresaid Statutes and Ordains that no person or persons of whatsoever Degree or Quality presume to stop molest hinder or impede the several Posts al 's well Foot Posts as Horse Posts authorized by or bearing Warrand from the said Post-Master-General Tacks-man or their Successors in Office by night or by day under the pain and penalty of one thousand Pound Scots attour the Reparation of the Damnages to any Party lesed thereby far less to detain rob or take away any Pacquets under the pains contained in the Acts of Parliament And His Majesty with Consent foresaid Ordains and Appoints the said Post-Master-General Tacks-man and his said Deputs and their Successors in their several Offices to take the Oath of Allegiance and subscribe the same with the Assurance appointed to be taken by all persons in publick Trust by the third Act of the third Session of this current Parliament And His Majesty with Consent foresaid Ordains General Letters to be directed at the Instance of the said General-Post-Master or Tacks-man and their Successors in Office against their several Deputs for the tack-Tack-Duties of their respective Offices as is allowed for In-bringing any part of His Majesties Revenue And Lastly the Lords of His Majesties Privy Council are hereby Authorized and Impowered to take care that particular Post-Offices be established over all the Kingdom at places most convenient and the times of parting of Posts with Letters and of their running be duly settled and published And generally that this Act be punctually observed and execute and do all other things to make the same effectual for the true end and intent thereof And Ordains this present Act to be Published and Printed that none may pretend ignorance XXI Explanatory Act anent the Excise of Brandy Iuly 5. 1695 FORASMUCH AS many Actions have been Commenced and Pursued before the Lords Commissioners of Thesaury and Exchequer to the great Vexation and Expense of the Leidges anent the Meaning of the Act of Parliament first of December 1673 Intituled Act concerning the Importation and Excise of Brandy by which Act six Shilling Scots are imposed upon each Pint to be payed by the Retailers in small 's and under pretence of the word Retailers in the said Act the Sub-taxmen and Collectors have forced the Leidges to pay for the same two or three times and the Merchants Importers have been likewise charged therefore notwitstanding that by the said Act Retailers are onely lyable For remeid of which OUR SOVERAIGN LORD with Consent of the Estates of Parliament does hereby Declare that the six Shilling upon the Pint of Brandy shall hereafter be payable onely by Toppers and Retailers in small 's who sell Brandy by Pints Gills and lesser Quantities than Pints in Taverns Shops Cellars and the like where the same is immediatly consumed and by no others notwithstanding of any former Practice in the contrair XXII ACT Against Intruding into Churches without a Legal Call and Admission thereto Iuly 5. 1695. OUR SOVERAIGN LORD Considering that Ministers and Preachers their Intruding themselves into vacant Churches Possessing of Manses and Benefices and Exercing any part of the Ministerial Function in Paroches without a Legal Call and Admission to the saids Churches is an high Contempt of the Law and of a dangerous Consequence tending to perpetuat Schism Therefore His Majesty with Advice and Consent of the Estates of Parliament Statutes and Declares that whoever hereafter shall intrude themselves into any Church or shall Possess Manse or Benefice or shall Exercise any part of the Ministerial Function within any Paroch without an orderly Call from the Heretors and Eldership and Legal Admission from the Presbytry within whose bounds it lies shall be incapable of enjoying any Church or Stipend or Benefice within this Kingdom for the space of seven years after their Removeal from the Church and quiting Possession of the Stipend and Benefice into which they intruded Likeas His Majesty with Advice and Consent foresaid does hereby remit the Execution of this present Act to Sheriffs Stewarts Baillies of Bailliaries and Regalities and their Deputs and to Magistrats of Burrows Royal who are hereby Authorized and Required to remove and declare incapable ut supra all these who shall hereafter intrude into Churches within their respective Jurisdictions upon Complaint from the Presbytry or any person having Warrand from the Presbytry within whose bounds the saids Intrusions shall happen to be made hereafter and that upon Citation of ten days Ordaining hereby Letters of Horning and Caption to be direct in communi forma upon Decreets to be given by the saids inferior Judges for compelling the saids Intruders to remove from the saids Churches and Manses and to quite Possession of the saids Stipends and Benefices and to desist and cease from Exercing any Ministerial Acts within the saids Paroches into which they shall hereafter intrude Likeas His Majesty doeth hereby Recommend to the Lords of His Majesties Privy Council to remove all these who have already since the Establishment of this present Church Government intruded into Vacant Churches without an orderly Call from the Heretors and Eldership of
or Children and do Earn their Living by Dayly Wages or Termly-hire for their Handy work and who by the Laws of the Land may be compelled to serve His Majesties other good Subjects should be made lyable to contribute their Service for a certain space in the foresaid War which is manifestly most necessary for the Defence and Security of themselves and the whole Kingdom beside the other Advantages of Profit and Honour that thereby may accrew to them Therefore His Majesty with Advice and Consent of the Estates of Parliament Statutes and Ordains that until the next Session of this Parliament and for the Service of the present War either at Home or Abroad there shall be furnished to His Majesty the Number of One Thousand Men Yearly when His Majesty shall Require them to be Proportioned and Levied conform to the Rules and Proportions contained in the Act 1663 Intituled An Humble Tender to His Sacred Majesty of the Duty and Loyalty of His antient Kingdom of Scotland as to the Twenty thousand Foot therein-mentioned which Thousand Bodies of Men shall be Furnished and Levied without any Charge or Burden of Money on the Country whatsomever in this manner Viz. That the Commissioners of Supply for the respective Bounds where the said Proportions shall fall first design and cause be given the Idle Loose and Vagabond Persons lyable by former Acts of Parliament to be seised by Sheriffs and who have not Wife and Children to make up the foresaid Number and in the next plate shall cause all the young Feasible Men of the Bounds not having Wife and Children and who are not Menial or Domestick Servants to any Heretor but Earn their Living by Dayly Wages or by Termly Hire payed them by other Masters for their Handy-Labour to meet at certain Days and Places and there by Lot and throwing of the Dyce or otherways as they shall think fit Determine which of them shall go furth to serve as Souldiers with this Provision that the foresaid persons being all first listed by the said Commissioners and appointed to Meet as said is if any of them shall be absent any Heretor to be appointed by the said Commissioners shall throw for him and if the Lot shall fall on that person absent or if he shall be otherways designed to be put furth by the said Commissioners he shall be lyable in all time thereafter as a Deserter sicklike as if he had been present and with this Encouragement to the whole foresaid Persons to be put furth in manner foresaid that they shall have Twenty Pounds Scots payed them in ready Money by the Officer who receives them at the sight of one of the said Commissioners and in the next place that their being put furth and engaged as said is shall not oblige them longer to be and continue Souldiers then for the space of Three Years and the first of November after the said years from the time of their said Engagment at which time they shall have an authentick free Pass unless they Subscribe a new Consent to continue longer in the Service And the further Execution of this Act that the foresaid Levies and Recruits may be effectually raised in the most easie manner is Referred and Recommended to the Lords of His Majesties Privy Council who are hereby thereto fully Impowered during the continuing of this War and no longer And after so just a Condescendance for Facilitating of Levies and Recruits It is hereby Statute and Ordained that no Officer either at Home or from Abroad offer to take on or press any free Leidge to be a Souldier unless the Man be ta●en on by Agreement owned by him in presence of the Judge of the Bounds and if any Officer shall Contraveen this Order and Press or Compel any Man contrait to the Rule hereby established that it be reckoned Oppression and the Transgressor punished by the Fine of a Months Pay and farder by Imprisonment or Breaking and Casheiring as the Lords of Council shall think fit And it is farder hereby Statute and Ordained that all Officers exacting Lodging Coal and Candle gratis for themselves their Wives or Children shall loss and tyne their Commission and that all Souldiers Exacting Lodging Coal and Candle gratis for their Wives and Children shall be lyable for the Parties Dammage to be payed by their Commanding Officers at the sight and appointment of any Magistrat within Burgh or other Judges to Landward Certifying the Officer failieing herein that he shall be lyable in Three Months Pay and farder punished as the Lords of Council shall appoint which Fines are also to be applyed for reparation of the Parties in the first place and the Superplus as the Council shall think fit XXXIV ACT For Additional Imposition upon Forraign Commodities Imported Iuly 17. 1695. THE Estates of Parliament Considering the great Concessions granted by His Majesty in this present Session of Parliament in Favours of the natural Product of this Kingdom by the Encouragment given for the Exporting of Corns and the many Priviledges allowed for the Improvement of Trade and Manufactories and that it is reasonable there should be such Additional Duties and Customs laid upon Forraign imported Commodities in requital for His Majesties gracious favour Do with all humble Duty and Thankfulness Offer to His Majesty the additional Duties upon the Forraign Commodities after-mentioned and that by and attour what they were formerly lyable unto by Acts of Parliament preceeding the Date hereof as by the following Table   Lib. sh. d. Imprimis Upon all Wine imported from France of new-New-Duty 18 00 00 Which with the 30 lib. scots formerly imposed by the Privy Council upon the account of the Sumptuary Act makes in all per Tunn 48 00 00 Item Spanish Wine from Spain the Imposition formerly imposed by the Council is hereby ratified which is per Tunn 30 00 00 Item On Brandy the former Duty of Twenty pound sterling being ordinarly reduced by the Lords of Thesaury and Farmers to Twelve pound sterling there is added of New-Duty per Tunn by and attour the said 12 lib. 72 00 00 Item Upon Mum-Bear over and above the old Duty there is hereby added of New-Duty per Barrel 06 00 00 Item On Tobacco in Leaf not from the Plantations of New Duty per pound 00 02 00 Item On Tobacco in Roll not from the Plantations of New-Duty per pound 00 04 00 Item On all French Wines imported from Holland or any where else not of the Growth of the place from whence it is Exported by and attour the above-written Duty there is added of New-Duty per Tunn 30 00 00 Item On all Spanish Wine from any place except Spain of New-Duty per Tunn 48 00 00 Item On Raisins and Currens from any place not of the Growth from whence they are Exported per hundred Weight of New-Duty 02 8 00 Item On Figgs imported after the same manner per 100 Weight of New-Duty 01 8 00 Item On Sugar in Loaf imported of
New-Duty per 100 Weight 03 00 00 Item On Soap imported of New-Duty per Barrel 02 00 00 Item On all sorts of Wrought Silks Silk-Plushes Stockings of New-Duty per pound weight 01 10 00 Item On all sorts of Silks wrought of Gold and Silver per pound weight of New-Duty 03 00 00 Item On all Silver and Gold Fringes Silver and Gold Laces Gallouns and Embroideries imported per pound weight of New-Duty 03 00 00 Item On all Forraign Laces and Points imported of New-Dutty Ten per Cent value Item On all Forraign Woollen Cloath imported of New-Duty per Eln 00 12 00 Item On all Forraign Sarges and Worsted-Stuffs imported of New-Duty per Eln 00 06 00 Item On all Forraign Flannels Fingrums of New-Duty per Eln 00 04 00 Item On all Linen-Cloath imported from Forraign Countries of New-Duty per whole Piece at 36 Elns 12 00 00 Item On the Half-Piece of Forraign imported Linen-Cloath of New-Duty 06 00 00 Item On all Silesia-Linnen of New-Duty per Piece being 5 Elns 01 00 00 Item On all Threed imported of New-Duty five per Cent value Which Duties and Customs above specified Our Soveraign Lord with Advice and Consent of the Estates of Parliament Statute and Ordain to be payed by all Merchants and other Importers of the said Forraign Commodities in the same manner as the other Duties to which they were formerly lyable And Ordains all Farmers Collectors Surveyers and others to In-gather the same and that after the same manner they do His Majesties other Duties upon Forraign imported Commodities and that from and after the Term of Martinmass 1696 years And hereby Discharges the said Collectors Farmers Surveyers and other In-bringers of His Majesties Customs to Transact Abate or allow of any Defalcation of the Additional Duties above-specified under the pain of Deprivation of their Offices and losing the Benefite of their Tacks XXXV ACT Anent burying in Scots Linen Iuly 17. 1695. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament for the better improvement of the Manufactory of Linen within the Kingdom and restraining the Import of all Forraign Linen Doth hereby Ratify and Approve the sixteenth Act of the Parliament 1686 Intituled Act for burying in Scots Linen in the hail Heads and Articles thereof Ordaining the same to be put to strict Execution in all Points with this Addition that none presume to cause bury any in Scots Linen in value above Twenty Shilling Scots per Ell under the same pains set down in the foresaid Act against burying in Forraign Linen And for the better discovery of the said Transgression and Execution of the foresaid Act and the Addition hereby made to it His Majesty with Consent foresaid Statutes and Ordains That the nearest Elder or Deacon of the Parish with one Neighbour or two be called by the Persons concerned and present to the putting of the dead Corps in the Coffin that they may see the same done and that the foresaid Act with this present Addition is observed and subscribe the Certificat mentioned in the foresaid Act and that whatever Relation or other Friends of the Defunct present and having the Charge of the burying shal either fail in observing the foresaid Act with this Addition or to call the Elder or Deacon with such Neighbours as may be Witnesses or to send and give in the Certificat appointed by the said Act he or they shal be holden as Transgressours and lyable in the Pains thereof which Pains are also hereby intirely applyed and given to the Poor of the Parish and any Elder or Deacon of the Parish is impowered to pursue for the same for their use nor shal any Pursuit for the said Fines be Advocat from the Inferiour Judge Competent nor any Sist of Process given nor shal any Decreet therefore be Suspended but upon Discharge or Consignation allanerly And it is further hereby Statute That it shal not be leisom to any Person to make or sew any sort of dead Linen contrair to the foresaid Act and this present Addition under the pain of Fourty Merks toties quoties for the use of the Poor as said is XXXVI ACT Anent the Skinners Iuly 17. 1695. OUR SOVERAIGN LORD the KINGS MAJESTY with Advice and Consent of the Estates of Parliament in pursuance of the many Good Acts made for the setting up and maintaining of Manufactories and particularly of the Act 1661 Intituled Act for Erecting of Manufactories and for the greater Incouragement of the Skinners of this Kingdom towards the improvement of the Native Commodities of Wild-Skins and Lamb Skins and the Art of that Craft Do hereby Discharge all and every Person whatsomever Native or Stranger to Export out of this Kingdom any Wild-Skins such as Wild-hyds Dae and Rae Roe and Roe-Buck and Kid with the Hair upon them until they be made in Work or dressed Leather to the good of the Kingdom As also His Majesty with Advice and Consent foresaid Discharges all and every Person Native or Stranger to import any Forraign made Gloves of whatsomever sort Certifying such as shal do in the contrair either by Export or Import as said is that they shal not only forefault the foresaids Goods exported or imported or the just value thereof the one half to His Majesty and the other half to the Informer who shal prosecute the same before His Majesties Exchequer but also be furder lyable to such Pecunial Fines or other Punishments as the Lords of His Majesties Exchequer shal think fit to inflict Declaring that this Act shal commence and take effect after the first day of August next to come and impowering the saids Skinners and any Merchands or any others concerned with concurse of a Magistrat to search for and make seizure of the foresaid Goods hereby prohibited to be exported or imported For the more effectual Execution of the Premises and for the better Improvement of the said Skins Our Soveraign Lord hereby Ratifies and Approves the Act made be the Convention of Burrows anent the sufficiency of Skins and Ordains the Magistrats of all Burghs to put the said Act to due execution in all Points And Lastly it is hereby Declaired that the foresaid Act of Parliament for Erecting of Manufactories and any allowance that may be therein given for the Manufactoring of the saids Skins shal be but prejudice to the Rights and Priviledges of the Craft and Incorporation of Skinners in all or any of the Burghs of this Kingdom XXXVII ACT Anent the Iusticiary of the Highlands Iuly 17. 1695. OUR SOVERAIGN LORD Considering That there was an Act of Parliament made in the year 1693 for the Justiciary in the Highlands Declaring That His Majesty by vertue of His Prerogative Royal might grant Commissions of Justiciary for the said Bounds with all Power necessary and usual Excepting thence from the Bounds lying within the Heretable Right of Justiciary General pertaining to the Earl of Argile or any other Person providing nevertheless that the foresaids Persons whose
Forraign Trade conform to an Act made in their Favours in this present Session of Parliament Intituled Act for a Company Tradeing to Affrica and the Indies doeth hereby Statute and Declare that it shall be Leisum to the Magistrats and others the Administrators of the Common Good of Burghs As also to the Deacon Masters and other Administrators whatsoever of any Incorporation or Body or Company Incorporat or Collegiat within this Kingdom to Adventure and put in Money belonging to their respective Administrations for a Share and Part to be Purchased to the saids Burghs and Incorporations in the said Company mentioned in the said Act bearing the name of the Company of Scotland Tradeing to Affrica and the Indies in the Manner and in the Terms provided within the said Act and that their putting in the Money of the said Burghs Incorporations under their Care and Charge and Adventuring the same in the said Company shall be repute and held for a Deed of lawful Administration and though the Success and Event thereof should happen not to be Prosperous yet it shall never be construed to be a Deed of Lesion against the said Administrators but their Acting in this Behalf is hereby Declared to be Lawful and Warrantable for the Security of the foresaid Persons in all Events XLIII ACT Anent the Poor Iuly 17. 1695. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament doeth hereby Ratifie Approve and Revive all Acts of Parliament and Acts and Proclamations of Council for Maintaining of the Poor and Repressing of Beggers and Ordains them to be put to Vigorous Execution in all Points And further Impowers the Lords of His Majesties Privy Council to take the most effectual Course to make the said Acts and Proclamation effectual conform to the true Design thereof XLIV ACT Salvo Jure Cujuslibet Iuly 17. 1695. OUR SOVERAIGN LORD Considering That there are several Acts and others Past and Made in this Session of Parliament in favours of particular Persons without Calling or Hearing of such as may be thereby Concerned and Prejudged Therefore His Majesty with Advice and Consent of the Estates of Parliament Statutes and Ordains That all such particular Acts and others past in manner foresaid shall not Prejudge say Third Party of their Lawful Rights nor of their Actions and Defences competent thereupon before the making of the said particular Acts And the Lords of Session and all other Judges within this Kingdom shall be Obliged to Judge betwixt Parties according to their several Rights standing in their Persons before the Making of the said Acts all which are hereby Expounded and Declared to have been Made Salvo Iure Cujuslibet XLV ACT Of Adjournment Iuly 17. 1695. THE KINGS MAJESTY Declares this Parliament currant and Adjourns the same to the Seventh Day of November next to come Ordaining all Members of Parliament Noblemen Commissioners from Shires and Burghs and all others having Interest to Attend at Edinburgh that Day at Ten a Clock and that there be no new Elections in Shires or Burghs except upon the Death of any of the present Commissioners Collected and Extracted from the Registers and Records of Parliament by TARBAT Cls. Registri A TABLE Of the Printed Acts. Page 1 ACT for a Solemn Fast. 1 2 Act Regulating Citations before the Parliament 3 3 Act Adjourning the Summer-Session till the first of Iuly 1695. 4 4 Act anent the Justice-Court 5 5 Act anent Principals and Cautioners 6 6 Act Regulating the Sale and Payment of Bankrupts Estates 7 7 Act for Six Months Supply upon the Land-Rent 8 8 Act for a Company Tradeing to Affrica and the Indies 17 9 Act Adjourning the Session till the first day of November 1695. 23 10 Act for Pole-money Ibid. 11 Act against Blasphemy 27 12 Act against Irregular Baptisms and Marriages 28 13 Act against Prophaneness 29 14 Act for Restraining the Prophanation of the Lords Days by keeping Weekly Mercats on Munday and Saturnday 30 15 Act for Encouragment of Preachers at Vacant Churches be-north Forth 31 16 Act anent the Ease of Annualrents Due by Persons Restored and anent the Creditors Diligence to be Used against them 32 17 Act anent the Mint 34 18 Act anent the Quorum of the Commission of the Teinds 35 19 Act anent the Duty on Scots Muslin 36 20 Act anent the Post-Office Ibid. 21 Explanatory Act anent the Excise of Brandy 39 22 Act against Intruding into Churches without a Legal Call and Admission thereto 40 23 Act anent Lands lying Run-rig 41 24 Act for Obviating the Frauds of appearand Heirs 42 25 Act anent the Repetition of Fines 44 26 Act Discharging Popish Persons to prejudge their Protestant Heirs in Succession 45 27 Act concerning the Church 46 28 Act for the Additional and Annexed Excises 48 29 Act for Continuing the Additional Excise till March 1667 with Three Months farder Cess 51 30 Act for Preservation of Meadows Lands and Pasturages lying adjacent to Sand-Hills 52 31 Act for turning the Tack of the Pole 1693 into a Collection Ibid. 32 Act for Encouraging the Exportation of Victual 55 33 Act for the Levies 56 34 Act for Additional Imposition upon Forraign Commodities Imported 58 35 Act anent burying in Scots-Linen 60 36 Act anent the Skinners 61 37 Act anent the Justiciary of the Highlands 62 38 Act concerning the dividing of Commonties 63 39 Act Discharging the Venting of Rumm 64 40 Act anent Letters Passing the Signet Ibid. 41 Act anent Executry and Movables 65 42 Act allowing the Administrators of the Common Good of Burrows to Adventure their Stock or any part thereof in the Company of Forraign Trade 66 43 Act for Reviving the Acts of Council made anent the Poor Ibid. 44 Act Salvo Iure Cujuslibet 67 45 Act of Adjournment Ibid. A TABLE Of the Acts and Ratifications past in the Fifth Session of His Majesties first Parliament which are not here Printed HIs Majesties Commission to Iohn Marquis of Tweeddule produced The Earl of Annandale named President to the Parliament Protestations several Noblemen for their Precedencies in the Rolls of Parliament Several Excuses offered for several absent Members and received His Majesties Letter appointing the Lord Yester to sit and Vote in Parliament in place of the Lord High Thesaurer His Majesties Letter to the Parliament Address of Condoleance for the Death of the Queen Act anent the Election of the Burgh of Anstruther-Easter An Address by the Parliament to His Majesties High Commissioner for transmitting their humble Thanks to His Majesty for ordering an Enquiry in the matter of Glenco Act anent the Lords of Session who are upon Committees Act in Favours of Evan M cgrigor Decreet Sir William Scot of Hardin against George M ckenzie of Rosebaugh Warrand the Shire of Clackmannan for a new Election Warrand for pursuing the Earl of Broadalbane Act for a General Contribution for relief of some Captives Recommendation in Favours of Mrs. Martin Decreet Sir Iames Ramsey and his Lady against the