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

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THE LAWS and ACTS Made in the SECOND SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN JAMES VII By the Grace of GOD KING of SCOTLAND ENGLAND FRANCE and IRELAND Defender of the Faith Holden at EDINBURGH the 29. of April 1686. By a Noble Earl Alexander Earl of MORRAY Lord Doun and Abernethie c. Secretary of State for the Kingdom of Scotland His Majesties High Commissioner for Holding this Parliament by vertue of a Commission under His Majesties Great Seal of this KINGDOM VVith the special Advice and Consent of the Estates of Parliament Collected and Extracted from the Registers and Records of Parliament by GEORGE Viscount of Tarbat Lord McLeod and Castle-haven c. Clerk to His Majesties Councils Registers and Rolls c. EDINBURGH Printed by the Heir of Andrew Anderson Printer to His most Sacr●d Majesty Anno Dom. 1686. Cum Privilegio GOD SAVE KING JAMES THE SEVENTH LAWS and ACTS Made in the SECOND SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN JAMES VII By the Grace of GOD KING of SCOTLAND ENGLAND FRANCE and IRELAND Defender of the Faith Holden at EDINBURGH the 29 of April 1686. I. ACT of Dissolution of the Lands of Cesnock and Duchal May 18. 1686. OUR SOVERAIGN LORD and Estates of Parliament Taking into Their Consideration That His Majesties Commissioner as having special Warrand and Instruction from His Majesty Having Proposed and Expounded in plain Parliament The Gr●●t and Faithfull Services Done to His Majesty and His Royal B●●ther of ever blessed memory by Iohn Lord Viscount of Melfor●● one of His principal Secretaries of State and his constant Zeal 〈◊〉 Faithfulness to the Interest of the Crown and particularly Tha● His Majesty was sensible of the many Journeys made by the said ●ohn Viscount of Melfort from Scotland to the Court of England upon occasions of great Importance to the Service of the Crown and Government for most of which he had no allowance at least none suitable to his Expenses And that he had Faithfully executed several Offices of great Trust as Lieutenant General and Master of the Ordnance Lieutenant Governour of the Castle of Edinburgh Thesaurer Deput and Secretary of State for His Majesties Ancient Kingdom of Scotland In which Imployments he did very well behave himself That he was instrumental in the Defeat of the Rebels at Bothwell-bridge was diligent against the Rebels thereafter And at great Pains and Charges in the Circuits for the Shires of Lanerk Stirling Renfrew and Dumbarton in the year 1684. And that he had performed several other good and acceptable Services As also His Majesties Commissioner as having speciall Warrand and Instruction from His Majesty Having proposed to the Estates of Parliament That His Majesty judging it fit for the Interest of His Crown and the Good and Wellfare of this Kingdom To Purchase and Acquire from the said Iohn Viscount of Melfort the Lands Baronies and others aftermentioned wherein the said Viscount stands Heretably Infest viz. The Lands and Barony of Muirhall Comprehending therein the Lands of Inverneil Kilmo●r Dounanoltich Craigmoiral Kilbryd Kilmorich Auchinbreck Melfort Kenmore Knaps Kilmorie Kilberrie Auchinsalloch Imstremich Barleamich Dounarderie Eunichan Kildalban Dargachie Cariedale Drummoir Crear Oib Muirhall and several other Lands Teinds and Rights mentioned in the Charter thereof Granted by His Majesty to the said Iohn Viscount of Melfort of the Date the nineteenth day of March 1686. Which did formerly pertain to Sir Duncan Campbel of Auchinbreck Iohn Campbel of Melfort Iohn Campbel of Knap Dougal Campbel of Kilberrie Patrick Mccairter of Imstremich Eivor Mccivor of Askins Donald Mcaveish of Dounarderrie Neill Campbel of Evneichan Campbel of Kildalban Iohn Campbell of Dargathie Duncan Campbell of Cariedale Alexander Mcmillan of Douniemoir Donald Mcneill of Crear Alexander Mcerverlich of Oib Alexander Campbel of Oitter William Denholm of Westsheill Mr. Alexander Campbell Advocat Collin Campbell elder of Allangreig and Duncan Campbell younger thereof and Stuart younger of Cultness And which fell in His Majesties hands by the Forefaulture of the forenamed persons And likewise the Lands and Barony of Melfort Comprehending the Superiorities and the Feu-Duties of the Lands of Rayra and the Isle of Loung The Lands of Torsay The Lands and Isle of Shennay The Lands of Daginneish Armadie Auchnasoul Ragray and of many other Lands particularly mentioned in the Charter thereof Granted by His Majesty under His Majesties Great-Seal to the said Iohn Viscount of Melfort of the Date the day of 1685. Which Superiorities and Feu-Duties pertained formerly to Archibald Campbel late Earl of Argile and fell in His Majesties hands by his Forefaulture Excepting only the Superiorities and Feu-Duties of Glen Ila Balquhan Spitletown of Balquhan Edinample and Menstrie which are Reserved to the said Viscount of Melfort The saids Lands and Baronies being of a vast and great extent and containing great Superiorities and as lying and being Situat in the Highlands and formerly belonging to the late Earl of Argile and others of his Party who were involved in the late Rebellion and Forefault for their accession thereto has always been subject to Disorders which might indanger the publick Peace which being in His Majesties hands And His Royal Authority and Interest concurring may Restrain and prevent the same and His Majestie conceiving it just and reasonable That the said Iohn Viscount of Melfort in lieu and place of the foresaids Lands and Baronies formerly belonging to him and which at His Majesties Desire he is willing to Resign in His Majesties Hands ad perpetuam remanentiam should have a full Recompence and Satisfaction for the same And His Majesty Designing to Give and Dispone in Permutation and Excambion thereof The Lands and Barony of Riccartoun The Lands and Barony of Cesnock and Galstoun with the Tower of Cesnock and Pertinents The Lands and Barony of Barr The Lands and Barony of Castlemains and Cumnock The Lands and Barony of Hainring Ross all lying within the Sheriffdom of Air formerly pertaining to Sir Hugh and Sir George Campbels sometime of Cesnock The Lands and Barony of Duchall and the Lands of Porterfield with the Pertinents which pertained to Porterfield sometime of Duchall and all other Lands Teinds and Rights whatsomever belonging to the said Sir Hugh and Sir George Campbels and Porterfield And upon their Forefaulture did come in His Majesties Hands and are Annexed to the Crown by the Fourty two Act of the first Session of this current Parliament Dated the sixteenth day of Iune 1685. And albeit His Majesty be satisfied that the said Transaction and Excambion is of advantage to His Majesty and His Crown and for the Good and Wellfare of this Real ● upon the Considerations foresaid And that the Lands and others which the said Viscount of ●elfort is willing to Resign in His Majesties hands are of greater yearly Rent and Value Y●● His Majesty has thought fit re integra to propose the same in plain Parliament That they m●● seriously
Decreets unless the Interlocutors which are the Warrands thereof be Signed as said is Declaring hereby the Extracts which shall be given out otherways to be void and null IV. ACT Ordaining all Executions to be Subscribed by the Witnesses without necessity of Stamping May 26. 1686. OUR SOVERAIGN LORD with Advice and Consent of His Estates of Parliament Statutes and Ordains That in time coming all Citations before the Lords of Session and Citations before any other Judges Civil or Criminal which formerly by Law or Custom used to be in Writ and all Executions of Letters of Horning Inhibition and others whatsoever be Subscribed by the Executer thereof and the Witnesses Otherwise to be null and void And that the same shall not be quarrellable for the want of stamping any Law or Practick to the contrary notwithstanding V. ACT Anent the Session May 26. 1686. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament Statute and Ordain That the ordinary Dyets for Sitting of the Session shall be thus Regulated for the future viz. The Winter-Session shall Sitt down the first of November and Rise the last of February And the Summer-Session shall Sitt down the first day of Iune and Rise the last of Iuly And that this present Act shall take effect from the first of November 1686. And that notwithstanding of the seventh Act of the third Parliament of King Charles the Second of ever Glorious Memory which is hereby Rescinded VI. ACT For the Christmas Vacans May 26. 1686. OUR SOVERAIGN LORD with Advice and Consent of His Majesties Three Estates Assembled in Parliament Statutes Ordains and Declares That the Christmas Vacation of the Session or Colledge of Justice shall yearly and in all time-coming Continue and endure from the Twentieth of December to the Tenth day of Ianuary inclusivè Any former Law Act or Custom to the contrary Notwithstanding VII ACT Of Dissolution of the Lands and Barony of Torwoodlie in Favours of Lieutenant-General Drummond May 28. 1686. OUR SOVERAIGN LORD and Estates of Parliament Taking into Their serious Consideration That His Majesties Commissioner as having special Warrand and Instruction from His Majesty Having Proposed and Expounded in plain Parliament The great and faithful Services done and performed to His Majesties Royal Father King Charles the First and His Royal Brother King Charles the Second of ever Blessed memories and to His Majesties Self since His accession to the Crown by Lieutenant-General Drummond Commander of all His Majesties Forces within the Kingdom of Scotland And Considering the particular Services Done by him in his ready and chearful joyning with the Forces Levied in the Year 1648. For Rescuing the Sacred Person of His Majesties Royal Father out of the hands of His Rebellious English Subjects by whom He was then kept Prisoner And with the Forces Levied in Ireland for the Service of the Crown in the year 1649. under the Command of the Duke of Ormond then Lord Lieutenant of Ireland And his brave and chearful Concurring with the Royal Armies both in Scotland and England in the year 1651. which was the occasion of his suffering great loss and a grievous long Imprisonment And his Resolute and Couragious appearing in Arms against the Usurpers in the year 1653. being Cloathed with a Commission of Major-General And Considering also That after the hopes of the Loyal Party were absolutely cut off by the prevalency of the Usurpation The said Lieutenant General Drummond having indured the greatest hardships and miseries under the influence of Tyrannical Powers made a generous choice rather to undergo Exile and Banishment from his own Native Countrey than submit upon any Terms to or comply with an Unlawful and Usurped Authority and that upon a Call from His Majesties Royal Brother after His Restauration he left a Splendid and Honourable Imployment under the Emperour of Russia to give Obedience to His Native Prince and that since his Return to this Kingdom he did Good and Signal Service as Major-General in the Defeat of the Rebels and Suppressing the Rebellion raised in the year 1666. And in his painful and Faithful Performance of the Office of Master-General of the Ordnance for divers years And in his Good and Successful Conduct of His Majesties Forces as Lieutennant-General against the late Rebells and Conspirators who under the Command of the late Earl of Argile Designed to Overturn the Government of this Nation And upon many other occasions hath given pregnant proofs of a firm and steady Loyalty And all the saids great and memorable Services and Sufferings being proposed and laid open in plain Parliament to the end the Three Estates might give His Majesty Their Judgement Advice and Determination re integra whether the same were True Good and Reasonable Causes of publict Government for Dissolving the Lands and Barony of Torwoodlie formerly pertaining to Pringle sometime of Torwoodlie with all other Lands Heretages and Rights which belonged to him from the Crown and which came in His Majesties hands through the Crimes of Treason and laese Majestie Acted Committed and Done by the said Pringle and the Doom and Sentence of Forefaulture given and pronounced against him for the same upon the day of One thousand six hundred eighty five years and were Annexed to the Crown by the fourty two Act of the first Session of this current Parliament And the said Estates of Parliament after long and mature Deliberation and Treating and Consulting anent the Premisses being fully satisfied and convinced That the particular Services and Sufferings above-mentioned Done Performed and Undergone by the said Lieutenant-General Drummond The Truth whereof is clearly known and did appear to them are Just Weighty and Important Reasons concerning both His Majesties Interest and the publict Good and Welfare of this Kingdom That they should Advise and Consent to His Majesties Giving and Disponing the saids Lands and Barony of Torwoodlie and others above-exprest to the said Lieutenant-general Drummond his Heirs and Assigneys And for that effect that the saids Lands should be Dissolved from the Crown and from the said Act of Annexation THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Decerns Ordains and Declairs That the saids Lands and Barony of Torwoodlie and all other Lands Heretages and Rights sometime belonging to the said Pringle late of Torwoodlie and which came in His Majesties hands and were Annexed to the Crown in manner foresaid may be be Disponed to the said Lieutenant-General Drummond and his foresaids And for that Effect has Dissolved and hereby Dissolves the same from the Crown and Patrimony thereof And from the foresaid Act of Annexation made the sixteenth day of Iune One thousand six hundred eighty and five years and from all other Acts of Annexation and from all Clauses Qualities and Conditions therein contained And His Majesty with Advice and Consent foresaid Finds Decerns and Declares That this present Act of Dissolution having proceeded upon the Advice and Deliberation of the Estates of
Coynage aforesaid The which sum of twelve thousand pounds scots for the Officers of the Mint and other expenses thereof is to be payed to the General and Master of the said Mint together with the sum of eighteen Pounds per stone to the Master for the Coynage of the Money at four Terms in the year viz. Candlemass Whitsunday Lambmass and Martinmass yearly and the said payment to commence from and after the first of November next And His Majesty and Estates of Parliament further Statute and Ordain That no Heads Sweeps or Chizel of any Gold or Silver to be Coyned in His Majesties in t shall pass His Majesties Irons without taking a second Essay thereof as if the same were newly brought in to the Mint to be Coyned And to the effect that all matters relating to the Coynage and Mint may be equally Ordered and Regulated according to this present Act and in such further ways and manner as His Majesty and His Privy Council shall think fit It is hereby Recommended to His Majesties Privy Council by some of their number to try every Journal of Coyn by it self distinctly and to take exact tryal of all matters relating to the Coynage both as to the weight and fineness of the money and other matters relating to the said Mint twice every year viz. In the moneths of Iuly and December yearly and to call before them the whole Officers of the Mint and to Examine their Proceedings and to inspect their Books and to sign and subscribe Approbations thereof as they shall see cause And this without prejudice of the said Officers of the Mint their compting yearly to the Lords of His Majesties Exchequer and Thesaury for all matters commited to their Trust. XXV ACT Rescinding a Clause in the Addresse made by the Parliament against the late Earl of Argile Iune 15. 1686. OUR SOVERAIGN LORD Taking into His Consideration the 36 Act of the first Session of this Parliament Intituled Act anent the Address of the Estates of Parliament of His Majesties ancient Kingdom of Scotland to His Sacred Majesty against the Arch-Traitor Archibald Campbel sometime Earl of Argile And that His Majesty from His unparalleled Clemencie and Goodness has been Graciouslie Pleased to Pardon and Indemnifie several persons who were accessorie to and involved into the said Rebellion notwithstanding the Estates of Parliament from their zeal to His Majesties Service and Detestation of the said Rebellion Did by their Address humbly Desire they should for ever be incapable of mercie and that any of His Majesties Subjects who should interceed for them any manner of way should incur the pain of Treason and in regard His Majesty did make no signification of His Royal Pleasure as to the said Address THEREFORE His Majesty with Advice and Consent of His Estates of Parliament Casses Annuls and Rescinds that Clause in the same Address as to the exercise of His Majesties Mercy or the Intercessions of any of His Majesties Subjects made or to be made in that behalf And Declares the same Clause to have no strength Force nor effect from the beginning and to be null and void in all time coming XXVI ACT Dissolving the Lands and Estates of Earlestoun Craichlaw and Caitloch from the Crown Iune 15. 1686. OUR SOVERAIGN LORD Taking to His Royal Consideration that His late Majesty and his Royal Brother of ever glorious Memory by Charter under the Great-Seal of this His Majesties Ancient Kingdom of the date at Windsor-Castle the eleventh day of May 1680 years upon the account of Sir Theophilus Ogilthrop Lieutenant Colonel Main and Captain Hendry Cornowall their Loyalty and Service performed to the Crown Did Give Grant and Dispone to them their Heirs and Assigneys the Lands and Estates of Earlestoun Craichlaw and Caitloch and others more fully specified in the said Charter whereupon they were Infest and the said Right Ratified in Parliament And which Lands and Estates fell in His late Majesties hands by the Forefaultur of Mr. William and Alexander Gordons elder and younger of Earlstoun Iames Gordon of Craichlaw and Mr. William Ferguson of Caitloch Likeas His late Majesty by His Letter of the eleventh of May One thousand six hundred eighty Directed to the Lords Commissioners of His Highness Thesaury upon Information that the saids three Estates did exceed six hundred pounds Sterling per annum which His Majesty was pleased to Promise should be made good unto them Ordered That before the said Gift past in Exchequer the saids Lords should take their Security to pay the superplus if any were that the saids Estates should be found to exceed the foresaid Rent and the Debts payable out of the same by Law in such manner and to such uses as His Majesty should think fit thereafter to direct And in like manner His Majesty by another Letter directed to the saids Lords of the 15th of February 1681. Required them to take sufficient Security of the saids persons for payment of their share of the expence disbursed out of His late Majesties Thesaury towards the suppressing of the Rebellion in the year 1679 not exceeding two years Rent of the saids Forefaulted Estates and accordingly the saids Donatars granted Security to the saids Lords in the Terms foresaids As also OUR SOVERAIGN LORD Considering That His Majesty by His Letter of the last of October 1685. upon the Consideration that the saids Estates did not exceed but are rather considerably short of the saids six hundred pounds Sterling per annum and of the great trouble and expence the said Sir Theophilus who also acquired the other two Parts from Main and Cornowall was and is exposed to in attaining to the Possession of the saids three Forefaulted Estates and being desirous the same should be made fully effectual to him free of all future trouble and inconvenience THEREFORE as a further Mark of His Favour to the said Sir Theophilus and in Consideration of his great Loyalty and Service Authorized and Required William Duke of Queensberrie His Majesties Thesaurer-Principal for the time Thesaurer-deput and remanent Lords of Exchequer to deliver to him the said Security and Ordained the same to be delet out of the Records of Exchequer which accordingly was done and an Act thereupon past the eight of Ianuary last And further upon Consideration of the said Sir Theophilus his constant loyalty and adherence to the Crown and signal evidence given by him thereof in the late Rebellion of the late Duke of Munmouth Did Order his Right Trusty and Familiar Cousen and Counsellor Alexander Earl of Murray Conjunct-Secretary of State for the Kingdom of Scotland and his Majesties high Commissioner therein for the time to represent the matter in Parliament for a Dissolution of the saids three Forefaulted Estates from the Crown to which the same were Annexed in the last Session of Parliament holden at Edinburgh the sixteenth day of Iune One thousand six hundred eighty five years Which Annexation proceeded upon a Supposition that the yearly Rent