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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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next And His Majesty and Estates of Parliament considering the Advantages of a greater Consumption and better Liquor arising both to the Heretors Brewers and the whole Leidges of the Kingdom by laying all Excises upon the Liquor and not upon the Malt as also the manifest conveniency that the said Annexed Excise formerly on the Malt be converted upon the Liquor that both these Excises may be uniformly raised and uplifted with less Charges and Expenses with which Reasons and the Truth thereof after mature Deliberation the Estates of Parliament are satisfied and fully convinced that His Majesty getting an Equivalent the same are just and important concerning both His Majesties Interest and the publick Good and Welfare of this Kingdom Therefore His Majesty with consent of the said Estates hath dissolved and hereby dissolves the foresaid Annexed Excise of two Merks upon the Boll of Malt from the Crown and Patrimony thereof Rescinding likeas His Majesty hereby rescinds the Act of Parliament 1685 giving and annexing the foresaid Excise of two Merks upon the Boll of Malt to the Crown in so far as it gives and annexes the same allannerly and no farder Together with all Tacks Contracts or Commissions made or granted of or concerning the foresaid annexed Excise hereby Dissolved and taken away Declaring the said Tacks Sub-tacks Contracts and Commissions to be fallen therewith in Consequentiam after the first day of September aftermentioned In place of the which annexed Excise and as an Equivalent in Lieu thereof the Estates of Parliament for the usefulness of this Grant to support the Interest of the Crown do humbly and unanimously offer to His Majesty over and above the foresaid two pennies and other additional Excises abovementioned an Excise of three pennies more upon the Pint of all Ale and Beer browen to be vended and sold as said is As also of three shilling more upon ilk Pint of Aquaviae or strong Waters not made of Malt browen and sold within this Kingdom six shilling upon ilk Pint of Forraign Aquavitae Brandy or strong Waters and thirty shilling upon ilk Barrel of imported Forreign drinking Beer and this Excise hereby given in Lieu of the foresaid annexed Excise of two Merks upon the Boll of Malt and Ordained to commence from the foresaid first day of September His Majesty and the Estates of Parliament by the force of this present Act have United and Annexed and Unites and Annexes the same to the Crown of this Realm to remain therewith as annexed Property in all time coming And His Majesty with Advice and Consent foresaid do appoint the payment of the said Two Excises unannexed and annexed extending to five pennies upon the Pint so long as they shal Concur to be as follows viz. For the first two Moneths upon the first day of November next to come and thereafter quarterly and proportionally so long as they shal concur and stand together and thereafter the foresaid new annexed Excise to be payed at such Terms as His Majesty and Successor shal please to appoint And for making of the said two Excises effectual for their respective Endurances His Majesty with Consent foresaid doth Impose and Ordain the foresaid two Excises upon Ale and Beer to be raised and uplifted from all Brewers of the said Liquors brown and made to be vended and sold as said is and the said Excises upon Aquavitae and strong Waters to be raised and uplifted from all Retailers thereof And for the raising and inbringing of the said Excise His Majesty and the Estates of Parliament do hereby Appoint and Authorize the Commissioners of the new Supply appointed in another Act of this present Session of Parliament to be the Commissioners of the Excise during the respective Endurances of the said two Excises for the several Shires for the end foresaid and the Royal Burghs to have the same number of Commissioners as was appointed by the fourteenth Act of the Parliament 1661 impowering them fully for that effect conform to the Rules and Orders formerly Enacted for raising and inbringing the former annexed Excise upon Malt As also to set down and cause observe such other Rules as they shal judge necessary agreeable always to the Acts of Parliament already made about the foresaid Excise And that the said Excises on Liquor may arise more equally it is hereby Statute That during the Concurrence of the said two Excises the lowest Price of Ale or drinking Beer to be brewed and vented and sold for hereafter shal in all Burghs where the Burgh hath an particular Imposition on Malt or Liquors be twenty eight pennies for the Pint to be payed by the Buyer to the Ventner or Tapster and in all other Places both to Burgh or Landward two shilling the Pint with Certification that the Ventner transgressing by selling under the said Rates shal be fined by the said Commissioners in the Sum often pound Scots at the instance of any other Brewer or other Complainer toties quoties to be applyed by the saids Commissioners for Pious and Publick Uses within their respective Shires and further be either put under sufficient surety to observe this Rule for hereafter or if he cannot find surety discharged to brew in time coming at the fight of the saids Commissioners And further His Majesty with Advice and Consent foresaid doth hereby Declare and Enact that if any Brewer in use to brew for sale and Change shal give over brewing after the date of this Act without an Allowance in writing from the Commissioners of Excise for good and seen Causes the said Brewer shal not be permitted to brew for Change for the space of five years thereafter but shal be and is hereby Discharged and rendered uncapable to do the same As likewise it is hereby Statute and Ordained that no person whatsoever who have not been in use to brew for the service of themselves and their Family in time by past shal presume to brew after the first day of September next to come for their own and their Families use and if they contraveen that they shal be lyable in payment of the value of what they shal brew And his Majesty with consent foresaid doth Ordain the said Commissioners to meet the first Tuesday of September next at the Head Burgh of every Shire respective and afterwards upon the first Tuesday of ilk Moneth where they shal appoint And it is hereby specially provided that if either Collector or Farmer shal presume to raise or Levie the said Excise upon the Malt or otherwise than upon the Liquor he shal incurr the pain of an 100 Merks toties quoties to be decerned and exacted by the said Commissioners or by the Lords of Privy Council in case the saids Commissioners shal overlook the same as also that the Brewer assenting thereto or complice therein shal incurr the pain of fifty Merks and also amitt and lose the Liberty of brewing which Fines are also hereby appointed to be applyed ut supra And it is hereby
of one thousand pounds of valued Rent and above the same and all Knight Baronets and Knights be subject and lyable to twenty four pounds of Pole-money and that they pay for each of their Male-Children in familia three pounds That all Lords pay fourty pounds of Pole-money That all Viscounts pay fifty pounds of Pole-money That all Earls pay sixty pounds of Pole-money That all Marquesses pay eighty pounds of Pole That all Dukes pay an hundred pounds of Pole That the Sons of Noblemen pay according to their Ranks viz. All Dukes eldest Sons as Marquesses and their youngest Sons as Earls All Marquesses eldest Sons as Earls and their youngest Sons as Viscounts All Earls eldest Sons as Viscounts and their younger Sons shal be lyable in twenty four pounds of Pole All Viscounts and Lords Sons shal be lyable in twenty four pounds of Pole That all Widows whose Husbands would have been lyable to one pound ten shilling of Pole or above are to be subject and lyable to a Third-part of their Husbands Pole except Heiresses who shal be subject to the same Pole their Predecessors would have been That all Nottars and Procurators before Interior Courts and Messengers at Arms are to be subject and lyable to four pounds of Pole-money That all Writers not to the Signet Agents and Clerks of Inferior Civil Courts and Macers and Under-clerks of Session shal pay six pounds of Pole-money That all Advocats Clerks of Soveraign Courts Writers to the Signet Sheriffs and their Deputs Commissars and their Deputs Doctors of Medicine Appothecaries Chyrurgeons and others repute Doctors of Medicine pay twelve pounds of Pole That all Commissionat Officers of the Army upon Scots pay shal be lyable in two days Pay for their Pole That all persons who are to pay the said respective Poles tho they be Poled in different Capacities are only to pay at the highest rate above-mentioned and that always over and above the general Pole And for the better Stating Ordering and Uplifting of the said Pole His Majesty with Advice foresaid a Statutes and Ordains that the Commissioners of Assessment or their Quorum shall meet and conveen at the ordinar place of their Meeting upon the second Tuesday of August One thousand six hundred ninety five years or shall appoint such other Heretors as they shall think fit and there shall divide the whole Commissioners whether present or absent or shall appoint such other Heretors as they shall think fit into such Divisions as they shall think meet appointing Paroches one or more for Commissioners one or more as they shall see convenient to meet the last Tuesday of the said Moneth of August at the respective places to be appointed impowering the saids Commissioners to take up Rolls and Lists of all the Poleable persons within the respective Bounds appointed to them containing the Names Qualities and Degrees of the several persons and of the value of the Estates belonging to them conform to the said Act. And ordains the Magistrats of Burrows Royal to meet the Third Tuesday of the said Month of August and to take up Rolls and Lists of all the Poleable persons within the respective Burghs containing their Names Qualities and Degrees and the value of their Estates And which Commissioners and Magistrats of Burghs are to give Intimation at the Kirk-door upon a Sunday upon three days warning at least to the persons to be Poled to compear before them at the Paroch-Church and give up their Names Qualities Degrees and Values of their Estates to the effect the respective Poles may be stated and set down by the said Commissioner or Commissioners of Assessment or Magistrats of Burghs respective and which Rolls the saids persons are to give up or send under their hand if they can write otherwise if they cannot write their Name Quality Degree and Estate shal be marked by the Clerk as they give it up excepting Tennents whose Names and the Pole-money payable by them shall be given and sent by their Masters under their Hand with Certification that such as do not Compear or send under their Hands their Names Qualities and value of their Estates or do give up their Quality Degree or Value of their Estates otherways than it should be they shall be lyable in the Quadruple of their Pole the equal half whereof shall belong to the Informer who shall make the same appear And which Lists and Rolls being so made up within the respective Sub-divisions shall be Recorded and Booked in a Register of the Shire or Burgh for that purpose whereof there shall be an Abstract sent to the Lords of the Thesaurie betwixt and the first of October one thousand six hundred ninety five years containing the number of the persons in the several Classes and Ranks above specified with the Extent of their Pole And his Majesty with Advice and Consent of the saids Estates of Parliament Ordains the foresaid Pole-money to be payed at the Term of Martinmass one thousand six hundred ninety five years or within thirty days thereafter at the respective Paroch kirks where the persons concerned dwell for which Discharges are to be given to the Payers gratis And requires the Commissioners of Assessment and Magistrats of Burghs or the Farmers in case the same shall be set in Farm to cause Intimation to be made for the payment thereof at the Kirk-Doors of the several Paroch-Kirks upon the first Sunday of October one thousand six hundred ninety five Certifying such as shall not make punctual payment at the said Term of Martinmass one thousand six hundred ninety five or within the said thirty days thereafter shall be lyable in the double if paying within other thirty days thereafter or if failzieing after both the saids thirty days in the quadruple of their Pole and ordains Execution to be used against them for the same by Poynding of their readiest Goods or Imprisoning their Persons the foresaid Poynding and Imprisonment alwayes proceeding upon the Sentence of one of the Commissioners for the Assessment or any other inferior Judge where the person lives Likeas His Majesty with Advice and Consent foresaid hereby impowers the Lords of Privy Council to order and appoint such furder methods and courses as they shall judge fit for stateing and inbringing of the Pole-money aforesaid and to allow out of the said Pole-money such Charges and Expenses as shall be necessary for Execution of this Act. And His Majesty and Estates aforesaid do hereby strictly appropriat destinat and appoint the Sums to be raised by this Act for the ends and uses above-specified conform to His Majesties Letter whereof Three hundred thousand Pound to be bestowed in the first place for providing and maintaining of the Ships of War for one year and which Money the Lords of Thesaury are hereby ordained to furnish and answer to the Commissioners of Admirality when called for to the effect above-specified and also the Lords of Privy Council are hereby fully impowered to decide and determine all Questions
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-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