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 Sacrâ—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 Grâ—â—t and Faithfull Services Done to His Majesty and His Royal Bâ—â—ther of ever blessed memory by Iohn Lord Viscount of Melforâ—â— one of His principal Secretaries of State and his constant Zeal 〈◊〉 Faithfulness to the Interest of the Crown and particularly Thaâ— His Majesty was sensible of the many Journeys made by the said â—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 Kilmoâ—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 â— upon the Considerations foresaid And that the Lands and others which the said Viscount of â—elfort is willing to Resign in His Majesties hands are of greater yearly Rent and Value Yâ—â— His Majesty has thought fit re integra to propose the same in plain Parliament That they mâ—â— seriously
ponder and consider the said particular Services done and performed by the said Viâ—â—ount of Melfort to His Majesty and His Crown And the foresaid Proposal as to the Transactâ—on and Excambion above-mentioned and give His Majesty Their Advice Judgement and Determination thereanent And the Estates of Parliament after mature Deliberation Treating and Consulting anent the Premisses being fully satisfied and convinced That either the said particular Services Done and Performed to His Majesty by the said Viscount of Melfort The truth whereof is sufficiently known and did appear to Them or the foresaid Permutation and Excambion are Just Sufficient and Important Reasons concerning both His Majesties Interest and the publick Good and Wellfare of this Kingdom That They should Advise and Consent to His Majestes Giving and Disponing the saids Lands Baronies and others above-exprest to the said Iohn Viscount of Melfort his Heirs and Assigneys and for that effect that the saids Lands should be dissolved from the Crown and from the said Act of Annexation THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Decerns Ordains and Declares That the saids Lands and Barony of Riccartoun The Lands and Baronies of Cesnock and Galstoun with the Tower of Cesnock and Pertinents The Lands and Barony of Bar The Lands and Barony of Castlemains and Cumnock The Lands and Barony of Haining-Ross all lying within the Sherifdom of Air formerly pertaining to the said Sir Hugh and Sir George Campbels sometime of Cesnock And the Lands and Barony of Duchal and the Lands of Porterfield with the Pertinents which pertained to Porterfield sometime of Duchall And all other Lands Teinds and Rights whatsomever belonging to the said Sir Hugh and Sir George Campbels and Porterfield may be Disponed to the said Viscount and his forefaids And for that effect has Dissolved and hereby Dissolves the same from the Crown and Patrimony thereof And from the foresaid Act of Annexation made the sixteenth day of Iune One thousand six hundred eighty five And from all other Acts of Annexation and from all Clauses Qualities and Conditions therein-contained And His Majesty with Advice and Consent foresaid Finds Decerns and Declares That this present Act of Dissolution having proceeded upon the Advice and Deliberation of the Estates of Parliament re integra And found by the saids Estates to be for Great Weighty and Reasonable Causes Concerning the Goop Wellfare and Publick Interest of the whole Kingdom First Proposed and Advised and maturely Pondered and Considered before any previous Grant or other Right or Deed Given Made or Done by His Majesty in Favours of the said Viscount of Melfort and his foresaids of the Lands and others particularly and generally above-mentioned or any part or portion of the same Does fully satisfie the whole Clauses Conditions and Qualifications contained in the foresaid Act of Annexation and shall have the Force Strength and effect of a general Law or Act of Parliament and shall be as valid and effectual to the said Viscount of Melfort and his foresaids for the Security of the Lands Baronies and others above-exprest as any other Act of Dissolution Granted by His Majesty or His Royal Ancestors with Advice and Consent of the Estates of Parliament in Favours of whatsoever Person at any time hereafter Likeas His Majesty with Advice and Consent foresaid Finds Decerns and Declares That this present Act of Dissolution shall not be understood to fall under or be comprehended in any Act Salvo jure To be past in this or any other Session of this current Parliament But is hereby excepted therefrae in all time coming II. ACT For the better Inbringing of His Majesties Supply May 26. 1686. OUR SOVERAIGN LORD Considering That by a Clause in the Act of Convention of Estates Iuly 10. 1678. It is Provided That Persons lyable in payment of the Supply then Imposed should not be holden to produce Discharges or Receipts of the samen after the tenth day of June 1686. years And seing there is a great part of the Cess and Supply yet resting unpayed for which no Diligence is done THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Statuts Ordains and Declares That the particular Collectors in each Shire for whom the Commissioners are answerable shall be lyable in all time coming to do Diligence by Quartering or Denunciation against the Deficients at the head Burgh of the respective Shires where they live And Declares the said Diligence so to be used shall be sufficient to stop and interrupt the prescription and make the Deficients lyable notwithstanding of the Clause in the foresaid Act finding them not lyable to produce their Discharges after the said day And because the time prescribed by the said Act is now near elapsed THEREFORE His Majestie with Advice and Consent foresaid Does Prorogat the same untill the first day of November next To the Effect the particular Collectors may do Diligence in the mean time Likeas His Majesty and the Estates of Parliament Statutes and Ordains in time coming That all Cess which shall not be payed wâ—thin six Moneths after the same falls due shall bear Annualrent after elapsing of the said six Moneâ—hs albeit Horning or other Diligence be not used for the same And whereas by the Act 3. Par. 3. Ch. 2. The number of Foot to be imployed in Parties for Quartering upon the Deficients is Declared to be six Foot for every 1000. Pounds of Deficiency and so proportionally Which number is not sufficient nor proportionable to the number of Horses or Dragoons appointed by the same Act. It is therefore hereby Ordained and Declared That the number of Foot hereafter to be imployed shall be fifteen for each 1000 Pounds Scots and so proportionally And the number of Horses and Dragoons to continue as formerly And likewise Statutes and Ordains That if the Parties appointed to Quarter shall not exact their Quartering money every twenty days at least That they shall not have power to exact the same thereafter It being always Competent to the Parties in case they get not voluntar payment to poynd therefore within the said time any Goods belonging to the persons on whom they are Quartering in the ordinary way appointed by Law And it is hereby Enacted and Declared That Deficient Money shall only be due to Parties so long as they are actually Quartering within the Shire and that the Quartering Money shall commence and be payed according to the foresaid Act of Convention of Estates III. ACT Ordaining Interlocutors to be Subscribed by the Iudges May 26. 1686. OUR SOVERAIGN LORD with Advice and Consent of His Estates of Parliament Statutes and Ordains That from and after the first of November next All Interlocutors pronounced by the Lords of Council and Session and all other Judges within the Kingdom shall be Signed by the President of the Court or the Judge pronouncer thereof And His Majesty with Advice foresaid Prohibits and Discharges the Clerks upon their peril to Extract any Acts or
Parliament re integra And found by the saids Estates to be for great weighty and reasonable Causes concerning the Good Wellfare and publict Interest of the whole Kingdom first Proposed and Advised and maturely Pondered and Considered in plain Parliament before any previous Grant Or other Right or Deed Given Made or Done by His Majesty in Favours of the said Lieutenant-General Drummond and his foresaids of the Lands and others above-mentioned or any Part or Portion of the same Does fully satisfie the whole Clauses Conditions and Qualifications contained in the foresaid Act of Annexation and shall have the Force Strength and Effect of a General Law or Act of Parliament and shall be as valid and effectual to the said Lieutenant-General Drummond and his foresaids for their Security of the Lands and Barony of Torwoodlie and others above exprest as any other Act of Dissolution Granted by His Majesty or His Royal Ancestors with Advice and Consent of the Estates of Parliament in Favours of whatsoever person at any time heretofore and that notwithstanding of any former Gift or Grant Given by His Majesties Royal Brother to the said Lieutenant-General Drummond which shall no ways weaken or Infringe this present Act of Dissolution or His Majesties Grant of the Lands and others above-exprest to follow thereupon Likeas His Majesty with Advice and Consent foresaid Finds Decerns and Declares That this present Act of Dissolution shall not be understood to fall under or be comprehended in any Act Salvo Iure To be past in this or any other Session of this current Parliament but is hereby excepted therefra in all time coming VIII Additional Act anent High-Ways and Bridges May 28. 1686. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament Ratifies and Approves the sixteenth Act of the first Session of the second Parliament of King Charles the Second of blessed memory Entituled Act for Repairing High-Ways and Bridges And the ninth Act of the second Session of the same Parliament and Ordains the same to be duly observed in time coming And for the more effectual Prosecution of these Acts His Majesty with Advice foresaid Doth Authorize and Require the Commissioners for His Majesties Supply in the several Shires to meet with the Justices of Peace and Act in the same manner as they are warranted to do by the foresaid Acts with Power to them at their first Meeting to choose their own Clerk And Declares That any five of the whole number shall be a Quorum excepting the Shires of Clakmannan Kinross and Cromartie wherein three to be a Quorum And Ordains the first Dyet of their Meeting for this year to be the last Tuesday of Iune next And that the Sheriff of the Shire or his Depute cause intimate that Dyet and the first Dyet of Meeting yearly thereafter at each Paroch Kirk upon the Sunday before under the pain of five hundred merks Scots And in case any of the Justices of Peace or Commissioners of Supply residing within the Shire shall be absent the said last Tuesday of Iune next or the first Dyet of meeting yearly thereafter they shall be fined by the Quorum mett in twenty merks Scots for ilk Dyets absence and in case a Quorum of them shall not meet the Sheriff or his Depute is hereby impowered to fine each of the absents in twenty merks Scots which fines shall be applyed for Reparation of the High-Ways and Bridges And whereas by the foresaid Act in the year 1669. The time for the Inhabitants to work at the Reparation of the High-ways is appointed not to exceed six Days yearly the first three years and four days yearly thereafter His Majesty in regard of the present Condition of the High-ways and Bridges Doth with Advice foresaid Ordain that these working Days shall be six yearly for the space of five years from and after the last Tuesday of Iune next and seing it falls out sometimes that Bridges and Ferries are upon the Confines of two Shires and it being just that both Shires in that case should be burthened with the Expence of Reparation His Majesty with Advice foresaid Doth Ordain the Justices of Peace and Commissioners of Supply in both Shires to meet and adjust the Expence of the said Reparation proportionally according to the respective Valuations of these Shires and that the Sheriffs of these Shires or their Deputs Conveen them and in case they do not meet Grants Warrant to direct General Letters for Charging them to that effect And His Majesty with Advice foresaid Declares That the several Shires and Burghs shall be holden to repair the present standing Bridges within their respective bounds and being repaired to uphold the same and if they suffer them to fall His Majesties Privy Council is hereby Impowered to fine them in as much as will Repair or Rebuild these Bridges And it is hereby Ordained That where Customs are Collected at Bridges or Causeys the same shall be imployed in the first place for Repairing these Bridges and Causeys IX ACT Of Annexation of the Baronies of Muir-hall and Melfort to the Crown June 8. 1686. OUR SOVERAIGN LORD and the Estates of Parliament Considering That by the first Act of the present Session of this current Parliament the Lands and Barony of Riccartoun the Lands and Barony of Cesnock and Galstoun with the Tower of Cesnock and Pertinents the Lands and Barony of Bar the Lands and Barony of Castlemains the Lands and Barony of Haining-Ross and the Lands and Baronie of Duchal and Porterfield with all other Lands Teinds and Rights whatsomever which formerly belonged to Sir Hugh and Sir George Campbels sometime of Cesnock and Porterfield sometime of Duchall were Dissolved from the Crown and Patrimony thereof To the end the same might be conveyed and Disponed in Favours of Iohn Lord Viscount of Melfort one of His Majesties Principal Secretaries of State his Heirs and Successors as a just Recompence and Reward of the good and faithful Services Done and Performed by him to the Crown and Kingdom particularly exprest in the said Act and in lieu and place of the Lands and Baronies after-mentioned wherein the said Viscount of Melfort stood Infest under the Great Seal and which were found expedient and necessar by the Estates of Parliament to be Purchast and Acquired from him by His Majesty for the Causes likewise mentioned in the said Act viz. The Lands and Barony of Muirhall comprehending therein the Lands of Inverneil Kilmoir Dounanoltich Craigmoirall Kilbryd Kilmorich Auchinbreck Melfort Kenmore Knaps Kilmorie Kilberrie Auchinsolloch Imstremich Barleamich Dannarderie Eunichan Kildalban Dargachie Cariedale Drumoir Crear Oib Muirhall and several other Lands Teinds and Rights mentioned in the Charter thereof Granted by His Majesty to the said Iohn Viscount of Melfort of the Date the ninteenth day of March One thousand six hundred eighty six years which did formerly pertain to Sir Duncan Campbel of Auchinbreck Iohn Campbel of Melfort Iohn Campbel of Knap Dougall Campbel of Kilberrie Patrick
Linen-Manufactures in this Kingdom and prevention of the Exportation of the Moneys thereof by Importing of Linen Doth with Advice and Consent of His Estates of Parliament Statute and Ordain That hereafter no Corps of any Persons whatsoever shall be Buried in any Shirt Sheet or any thing else except in plain Linen or Cloth of Hards made and Spun within the Kingdom without Lace or Point Discharging from henceforth the making use of Holland or other Linen-Cloth made in other Kingdoms all Silk Hair or Woolen Gold or Silver or any other Stuff whatsoever than what is made of Flax or Hards Spun and Wrought within the Kingdom as said is and that under the pain and Penalty of 300 Pounds Scots toties quoties for a Noble-man and 200 Pound for each other Person whereof the one half to the Discoverer and the other half to the Poor of the Parish where the saids Corps shall be so Interred And for the better Discovering of the Contraveeners It is hereby further Statute and Ordained That every Minister within the Kingdom shall keep a Book containing an exact account and Register of all Persons buried within their said Parish As also That some one or more of the Relations of the Person Deceated or other credible Person Tennants in the Countrey and Cottars being always excepted shall within eight days after such Interment bring a Certificat upon Oath in Writing Witnessed by two famous Persons to the Minister Declaring That the said Person was Woond or Wrapt in manner herein-prescribed Which Certificats are to be Recorded by the Minister or Reader of the Parish gratis without exacting any money therefore And if no Relation of the Party buried or other Person shall bring such a Certificat within the said time of eight days That then and in that case the Goods and Gear of the Party Deceast shall be and are hereby Declared to be lyable to the foresaid Forefaulture to be pursued at the Instance of the Minister of the said Parish before any Judge competent and in case the Parties prove litigious by Advocating or Suspending the said Sentence The saids Judges are hereby Authorized and Impowered to modifie Expenses as they shall find cause And if such persons Died in familia The Father and Mother or other Relations in whose Family they Die are hereby Declared lyable for the said Fine And it is hereby Statute and Ordained That if the Minister in whose Parish any such Corps shall be so Interred prove negligent in pursuing the Contraveeners within six Moneths after the said Burial he is hereby Declared lyable for the said Fine the one half to the Poor and the other half to the Discoverer to be divided in manner foresaid As also His Majesty with Advice foresaid Statutes and Ordains That no Wooden Coffin shall exceed an hundred merks Scots as the highest Rate for Persons of the greatest Quality and so proportionally for others of meaner Quality under the pain of two hundred merks Scots for the Contravention XVII ACT For Writing Seasins by way of Book June 14. 1686. OUR SOVERAIGN LORD Taking into His Consideration That Seasins do extend to great length by reason of inserting and repeating of the whole Provisions of the Charter therein THEREFORE His Majesty with Advice and Consent of His Estates of Parliament for the more easie and commodious perusal thereof Statutes and Ordains That it shall be lawful for Parties if they think fit To cause Write and Extend their Seasins by way of Book the attestation of the Nottar condescending upon the number of the Leafes in the Book and each Leaf being Signed by the Nottar and Witnesses to the giving of the Seasin And Ratifies all Seasins already Written by way of Book by Warrand of His Majesties Privy Council XVIII ACT Appointing the Publication of the Testimonies of Witnesses June 14. 1686. OUR SOVERAIGN LORD Considering how much it does import and concern the Good and Interest of His Majesties Liedges and the due Administration of Justice That Witnesses be distinctly and fully Examined and their Depositions Written in plain and clear Words as they are given THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Statutes and Ordains That in all Processes presently depending or to be intented before the Lords of Privy Council Lords of Session and all other Judges within this Kingdom The Witnesses who are made use of and adduced therein shall be Examined in presence of the Parties or their Advocats they being present at the Diets of Examination and that there be publication of the Testimonies of the Witnesses in the Clerks hands allowed to the Parties gratis before Advising To the effect Parties may have Copies thereof if they think fit any Law or Act of Parliament Custom or Usage to the contrary notwithstanding XIX ACT Anent the Registration of Seasins and Reversions June 14. 1686. OUR SOVERAIGN LORD Considering That where Seasins and other Writs and Diligences appointed to be Registrat are duly presented to the Keepers of Registers it is their Duty to cause carefully Book and Registrat the same for the security of the Party and Intimation of the Liedges THEREFORE His Majesty with Advice and Consent of His Estates of Parliament Statutes and Ordains That where Seasins and other Writs are presented to the Keepers of Registers and delivered back to the Party bearing A Record and Attestation under their hand that the same are Registrat It shall make the same sufficient and valid for the security of the Party albeit by the omission or negligence of the Keeper of the Register or his Deputs They should not be found Booked or insert in the Register And to the effect that all Deputs entrusted with the care and keeping of the Registers may Faithfully do and execute their Office His Majesty with Advice and Consent foresaid Statutes and Ordains That in case by their omission or negligence any Writs presented to them and marked with their hands to be Registrat shall not be found booked and insert in the Register The saids Deputs Guilty of such omission and negligence shall be punishable as Forgers of the publict Registers and Records and shall be lyable in Damnage and Prejudice to any Party who shall be prejudged by the said omission or negligence And His Majesty with Advice foresaid Statutes Ordains and Declares That these Presents shall no ways derogat from the 16th Act of the 22 Parliament K. Ia. the 6th Entituled Act anent the Registration of Reversions Seasins and other Writs which shall remain in its full Force and Strength in all Points as before the making of this present Act. XX. ACT Anent the Nomination of the Clork to the Iustices of Peace June 14. 1686. OUR SOVERAIGN LORD and Estates of Parliament Considering that by a Clause in the 16th Act of the last Session of this current Parliament Anent Iustices of Peace The saids Justices are allowed to nominat their own Clerks which is a Right and Priviledge belonging to the Secretaries of State
Majesties Annuity except it can be proven that Collusion was used betwixt the Titulars and Heretors or betwixt the Procurator-fiscal and the Heretors and Titulars Which Collusion is Declared to be when the Valuations are Led with the Diminution of the third part of the just Rent Which Diminution shall be proven by the parties Oath and with power to the saids Commissioners or Quorum foresaid Where Ministers are not already sufficiently provided or have not Localities already assigned to them for their Stipends out of the Teinds within the Paroches where they Serve the Cure according to the Quantities Proportions and Rules contained in the 19 Act of the Par. 1633. To modifie settle and appoint constant local Stipends to each Minister out of the Teinds of the Paroch where they Serve the Cure With Power also to the saids Commissioners to grant Recompence by Prorogation of Tacks to Parties for all augmentations of Stipends which are granted since the year 1630. or shall be granted and that effeiring to the augmentations already granted or to be granted as the saids Commissioners shall think fit And sicklike To Disjoyn too large and spacious Paroches to cause erect and build new Churches to Annex and Dismember Churches as they shall think convenient And to take Order that every Heretor and Liferenter shall have the leading and buying of their own Teinds if they be willing according to the Rules prescribed by the 19 Act and Commission granted by His Majesty with Consent of His Estates of Parliament in Anno 1633. And the Acts of Parliament therein-mentioned With power to Determine all Questions concerning the prices of Teinds betwixt Titulars and others having Right thereto and the Heretors and to appoint such Securities in favours of Titulars and others having Right to Teinds for their prices to be granted to the Heretors and others lyable in payment of valued Duties or buyers of the saids Teinds and in favours of the Ministers as to their Maintainance as the saids Commissioners shall think fitting according to the Rules set down in the said Act 1633. And each Heretor whose Teinds belongs to Titulars of Erection to have power and Liberty to buy the Teinds of his own Lands whether Valued or not within the space of three years after the Date of this Act with this Declaration always That in case the Impediment during the time foresaid flow from the Titular by reason of his Minority or other inability In that case the Heretor who offered to buy his own Teinds within the space foresaid shall have place so soon as the Impediment shall be removed to buy his Teinds notwithstanding of the expyring of the years and space after-exprest And it is Declared That if the Heretor be Minor and his Tutor neglect the buying of his Teinds within the foresaid space the Minor shall have Action for two years after his minority to compell the Titular to sell his saids Teinds And generally with power to the saids Commissioners to Decide and Determine in all other Points which may concern the Drawing or Leading of Teinds the selling or buying of the same or payment of the Rates thereof contained in the former Acts of Parliament or set down in the general Determination given out by His Majesties Royal Father of blessed memory And if any person or persons shall find themselves grieved and complain of the Injustice or Exorbitancy of any Decreet or Sentence given in any of the Commissions during the time of the late Troubles with power to the saids Commissioners to take the same to their Consideration and alter anull or allow the saids Decreets and Sentences as they shall find just And it is always Provided and Declared that the Arch-Bishops and Bishops and other Beneficed Persons being Ministers and their Successors shall not be prejudged of the Rents whereof their Predecessors were in actual and real Possession and which by the Laws of the Kingdom were due to them in anno 1637. Or whereof they are presently in Possession and that they shall be no further bound but according to the Conditions and Provisions exprest in the Submissions made by the Bishops to His Majesties Royal Father of blessed memory of the date the day of 1628. and Registrat in the Books of Commission for Surrenders and Teinds upon the 15 day of Iuly 1631. And whereas it may fall out that some of the Commissioners may be unable to attend the Service through Death Sickness or other known Impediment THEREFORE His Majesty Declares That He shall be careful to fill their places with other persons qualified whose Oaths for faithfull Discharging of the same shall be taken by the Lord Chancellor or in his absence by the Lord President of the Commission for the time And Ordains this present Commission to endure ay and while the same be Discharged by His Majesty And the Acts Decreets and Sentences thereof to have the Force Strength and Effect of a Decreet or Sentence of Parliament And the Lords of Session to grant Letters of Horning Poynding and others necessar to be direct upon the said Decreets and Sentences in manner contained in the foresaids Commissions And His Majesty with Consent foresaid hereby Discharges all former Commissions Declaring the same to be expyred XXIII Commission for Regulation of Iudicatures Iune 14. 1686. OUR SOVERAIGN LORD from His Royal and Princely Care of the Good and Welfare of this His ancient Kingdom being desirous to prevent and Redress all abuses and unwarrantable exactions within the same especially in Offices of Publick Trust and in the Dispensation of Justice to the effect the same may be speedily and impartially Administrat with as little trouble and expence to His Subjects as the nature of such Affairs and Proceedings can admit of And His Majesty likewise Considering That His dearest Brother King Charles the Second of blessed memory Having by a Commission under the great Seal of this Kingdom of the Date the 21 of September 1669. For the same end and design Impowered and Authorized the Persons therein-mentioned to make such Rules Orders and Constitutions as might prevent the same in time-coming and who in pursuance of the said Commission did agree upon cetain Articles of Regulation relating to the Session Justice-Court and Exchequer All which are Ratified by the 16 Act of the 3 Session of the 2 Parl K. Ch. the Second But the saids Commissioners were not able through the shortness of time fully to perfect and accomplish so great and necessary a Work as the Good and Interest of the Kingdom requires And His Majesty being now fully Resolved to prosecute so good a Work for the universal good of His Subjects and to perfect the same that His Subjects may be convinced and sensible of their great Happiness and Prosperity under His Protection and Government THEREFORE His Majesty with Advice and Consent of His Estates of Parliament Gives full Power Warrand and Commission to Whereof the number of to be a Quorum to meet and conveen
at Edinburgh the day of years and thereafter at such times and dyets as they shall appoint And with power to the saids Commissioners to take full and exact Tryal of all abuses and other Exorbitancies or Exactions which are practised in prejudice of His Majesties Liedges in any Offices of Judicature or others within this His Ancient Kingdom And to take Tryal and Information by all manner of Probation thereanent and how the saids Abuses have creept in and from what time and to take notice and tryal of the Authors and Committers thereof and to Transmit an exact and perfect Accompt of the same to His Majesty that He may signifie His Royal Pleasure and give what Directions therein He thinks just And for the effectual preventing and restraining the same in time coming His Majesty with Advice and Consent foresaid Does hereby Authorize and Impower the foresaids persons or Quorum thereof to make such Orders Acts and Constitutions for Regulating the same in time coming as they shall find just under such Penalties and Certifications to be incurred by the Contraveeners as the saids Commissioners shall find necessary in that behalf All which Acts Ordinances and Constitutions made by the saids Commissioners and Approven under His Majesties Royal Hand His Majesty with Advice and Consent foresaid Does Ratifie Approve and Confirm And Decerns and Ordains the same to be put to Execution and to have full Force Strength and Effect against the Contraveeners in all time coming As likewise His Majesty with Consent foresaid Does hereby Authorize and Impower the saids Commissioners to prescrive and set down clear and distinct Rules for the Inferiour Judicatures in this Kingdom as to their competency and the Nature of their Jurisdictions that His Majesties Leidges may be at a certainty and not be put to trouble and expence by being called and forced to compear and attend before different Courts for the same cause hereby Inhibiting and Discharging the saids Judges to proceed or determine in any other Actions or Causes than what shall be found by the saids Commissioners to be proper and competent for their Jurisdictions Declaring all such Acts and Decreets to be given and pronounced by them in matters not competent to their Jurisdictions to be null and void and the Judges to be lyable to the damnage and prejudice of the Party grieved and to be punishable at the sight of the Lords of Privy Council for transgressing their Jurisdiction And to the effect so just and necessary a Work may meet with no obstruction from the negligence or not attendance of the foresaids Commissioners His Majesty with Advice and Consent foresaid Statutes Ordains and Declares That the Commissioners who without a just and lawful excuse to be allowed by such of the Commissioners who shall meet shall not attend the dyets of meeting appointed or to be appointed for carrying on of the said Work shall incur the pain of tolies quoties to be disposed of by the Commissioners as they shall think just And for which Letters of Horning and Poynding are hereby granted And it is hereby Declared That this Commission shall continue and endure during His Majesties Pleasure and ay and while the same shall be recalled or discharged by His Majesty XXIV ACT anent an humble Offer to His Majesty for an Imposition upon certain Commodities for defraying the Expence of a free Coynage and other matters relating to the Mint Iune 14. 1686. OUR SOVERAIGN LORD and the Estates of Parliament Considering the great advantages that may accresce to this His Ancient Kingdom by encouraging the Importation of Bullion to be Coyned in His Majesties Mint and that a free Coynage is of all others the greatest encouragement for that end And the Estates of Parliament taking into their Consideration That the Charge and Expences of a free Coynage cannot be supported without their giving unto His Majesty a suitable Found for the same THEREFORE They Do out of a due Sense of His Majesties great Care for the Prosperity of this His ancient Kingdom Humbly offer unto His Majesty twelve shillings Scots for each Ounce of Bullion Imposed by the eight Act of the first Session of the second Parliament of King Charles the Second upon the several Commodities therein-specified viz. Spainlsh Rhenish and Brandy Wines of all sorts each Tun fourteen pound and eight shilling scots money French Wines of all sorts every Tun seven pound four Shillings scots Paper for Printing and Writing of all sorts every six Rims twelve shillings scots Gray-paper every twelve Rims twelve shillings scots Dails every thousand three pounds scots Single-Trees every thousand three pounds scots Double-Trees every thousand six pounds scots Double Double-Trees and all other great Fir-Timber every thousand twelve pounds scots Steel every hundred weight twelve shillings scots Iron and Iron-Work beaten of all sorts every Tun one pound four shillings scots Onyons and Apples every two Barrels twelve shillings scots Mum-beer every Barrel two pounds eight shillings scots Prunes every Tun two pound eight shillings scots Raisins Currans and Figs every Tun six pounds scots Iron Pots of all sorts every duzon twelve shillings scots Soap every Barrel one pound four shillings scots Suggar-Candy every hundred weight six pound scots Copper-Kettles Brass-Pans and all other made Work in Brass or Copper yetlin or beaten every hundred weight two pound eight shillings scots Mader every thousand weight three pounds scots Harts of all sorts every three dozen one pound four shillings scots Window-Glass of all sorts every Chest twelve shillings scots Lemons and Oranges every thousand twelve shhillings scots Hopes of all sorts every hundreth weight twelve shillings scots Spanish-Leather Marikin Tanned-Leather Wild-Leather and all other sorts of Leather except Muscovia-Leather every hundred weight twelve shillings scots Gloves of all sorts each duzon twelve shillings scots Whale-bone or Ballen every two hundred weight twelve shillings scots And His Majesty with Advice and Consent of His Estates of Parliament Doth hereby Rescind and Annull the eight Act of the second Parliament first Session of King Charles the second and in all time-coming Statutes and Ordains That the above-mentioned sums upon the foresaids Commodities Imported into this Kingdom shall be payed in to the Tacks-men and Collectors of His Majesties Customs by the Merchants or other Importers of the saids Goods before they break bulk in the same way and manner that His Majesties Customs upon Forraign Commodities are payed in by the Merchants and others And Ordains the General-Collectors Tacks-men and Farmers of His Majesties Customs to Compt yearly in Exchequer for the whole Imposition above-specified according to the rate of twelve shillings scots per Ounce in stead of the Ounce of Bullion formerly payed in in specie by the Merchants and to make a general AEque for their several Sub-Collectors And His Majesty with Advice and Consent foresaid Doth hereby Annex the foresaid Imposition for ever unto the Imperial Crown of this Kingdom to remain with His Majesty His Heirs and
Drop fifteen Grains whereof one hundred and five one five shilling piece and a Fraction of three shilling four pennies scots makes a scots pound weight The five shilling piece is to weigh according to the Denomination of Weights in the Mint one Denier nineteen Grains twelve Primes twenty one Seconds and according to the ordinary Denomination of scots weight one Drop seven Grains and a half whereof two hundred and eleven and a Fraction of three shilling four pennies scots makes a scots pound Weight It is always hereby Provided that if upon tryal it shall be found that the weight of the several species of the money appointed by this Act shall be any way prejudicial to the Interest or Trade of this Kingdom that in that caice His Majesty with Advice of His Privy Council may Rectifie or alter the same as they find Cause But because it may sometime fall out casually that money be not Coyned and Fabricat exactly in all things to the true Standarts of Weight and fineness above and after-specified THEREFORE His Majesty and Estates of Parliament Statute and Ordain that if it shall casually fall out that any species of Coyn to be Coyned for the future within this Kingdom be lighter or heavier than the Standart of Weight aforesaid the Officers of the Mint may Deliver the same providing always it be meerly accidental and casual and do not exceed the quantities afterspecified viz. Two Grains over or under the true Weight of every sixty or fourty shilling piece One Grain over or under the true Weight of every twenty shilling ten shilling or five shilling scots piece above-specified appointed to be Coyned by this present Act As also if the money in the species foresaid to be Coyned shall fall out accidentally to be a Grain finer or courser than the true Standart of eleven Denier two Grains upon every twelve Ounces Weight so to be Coyned the Officers of the Mint may Deliver out the money to the Merchants or others according to these remeeds of Weight and fineness above specified It is hereby always expresly provided that the Officers of the Mint shall by rio means Work and Fabricat the money with regard to the Remedies foresaid as they will be answerable at their highest peril And it is Statute and Ordained That they shall keep an exact Record of all these Remedies both of Weight and Fineness and Compt for the same yearly in Exchequer for His Majesties use And Appoints and Ordains in all time coming that the Essay-master shall take two pieces of every Journal that he shall cut off so much of one of the pieces as will make an Essay and shall put up the remainder and the other whole piece with the Reported Essay All which shall be put into the Pix the Wairden or Counter-Wairden being always present which is to be opened once every year in the moneth of December at the sight of the Privy Council And it is hereby Declared That the tryal of the Pix being made the whole Silver in the Pix is to be returned to the Master as his own and the Say-master is to have no part of it The Pix shall have three Keys one to be kept by the Lords of Thesaury or Thesaurer for the time being one by the General and one by the Warden principal of the Mint And His Majesty with Advice and Consent foresaid Doth Statute and Ordain That all the money to be Coyned for the time to come within this Kingdom shall be Lettered and Grained round the edges that is to say the sixty and fourty shilling pieces shall be Lettered the twenty ten shilling and five shilling scots pieces shall be Grained round the edges the particular Impression Inscriptions and Reverses As likewise what poportion of each species of money shall be Coyned in each Stone Weight of Silver are hereby left and Recommended to the Lords of His Majesties Privy Council who are by this present Act fully impowered to Consider and Cognosce upon the fineness and weight of the Gold Coyn when His Majesty shall think fit to Grant Warrant for the same and to Regulat Appoint and Determine the fineness weight and species of the said Gold Coyn and to Ordain and Appoint such Impression Inscription and Reverse as they shall see cause And His Majesty and Estates of Parliament Do further Statute and Ordain That no Copper shall be Coyned without His Majesties express Warrand And that all Copper which shall be Coyned conform to His Warrand shall be Coyned in two penny and six penny scots pieces and that fourty of the six penny pieces and sixscore twelve of the two penny pieces shall make a pound And Recommends to the Lords of Privy Council to appoint Tryal to be taken of the weight of every Journal of Copper before it go out of the Mint-House and what Profit shall arise by the Coynage of the Copper the Officers of the Mint shall be lyable to compt for the same to the Exchequer And His Majesty and Estates of Parliament Do hereby further Statute and Ordain That the sum of twelve thousand pounds scots of the Imposition aforesaid imposed by this present Act upon the Commodities above-specified shall be in all time coming set apart for payment of the Officers-fees maintaining of the Fabrick of the Mint and providing new Tools and other incident Charges relating to the Mint in manner after-specified viz. The General of the said Mint the sum of three thousand six hundred pounds scots as his Fee and Sallary the sum of two thousand four hundred pounds scots to the Master of the Mint and this over and above the sum of eighteen pounds money for every stone of Silver that shall be Coyned and passed His Majesties Irons to be payed to him out of the remainder of the said Imposition for supporting a free Coynage as aforesaid The sum of one thousand two hundred pounds scots money to the Principal Wairden The sum of one thousand two hundred pounds scots to the Essay-master The sum of seven hundred and twenty pounds scots money to the Counter-Wairden The sum of six hundred pounds scots to the Sinker or Graver The sum of four hundred and eighty pounds scots money to the Clerk or Book-keeper The sum of three hundred thirty three pounds six shilling eight pennies scots to the Clerk of the Bullion who is to be Clerk for the time to come to this new Imposition as he was formerly to the Bullion or twelve shilling per Ounce payed in lieu thereof To the Master-Smith the sum of three hundred and sixty pounds scots as their Fees and Sallaries and the sum of eleven hundred six pound thirteen shilling four pennies scots to be payed in to the General and Master for maintaining the Fabrick of the Mint-House providing of new Tools and other incident Charges reraling to the Mint for which they are to compt yearly to His Majesties Exchequer and the overplus if any shall be To go to the stock of free
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
exceeded six hundred pound Sterling a year Whereas now upon serious Examination it is found short Which Considerations being this day Proponed in plain Parliament and the Estates of Parliament having fully pondered and Considered the whole matter and the truth thereof being sufficiently known and made appear to them by production of the foresaid Charter Act of Exchequer and other Evidences requisite And by the said Lord high Commissioner his Grace his Declaration in pluin Parliament in name of and by Warrand from His Majesty His Majesty and Estates of Parliament after mature Deliberation Finds the same just sufficient and reasonable Causes for Advising His Majesty to Dissolve the saids three Forefaulted Estates all particularly mentioned in the said Charter from the Crown that the same may pertain and belong to and remain with the said Sir Theophilus Ogilthrop and his foresaids as their own proper Heretage heretably and irredeemably in all time coming And THEREFORE His Majesty with Advice and Consent of the Estates of Parliament has Dissolved and hereby Dissolves the same Lands and three Forefaulted Estates aforesaid from the Crown and Patrimony thereof and from the said Act of Annexation and from all Clauses Conditions and Qualifications therein-contained And Finds Decerns and Declares that the foresaid Dissolution having proceeded upon the Grounds Causes and Deliberation aforesaid in plain Parliament Does satisfie all the Conditions Clauses and Qualifications contained in the foresaid Act of Annexation past the said last Session of Parliament and shall have the Force Strength and Effect of a General Law and Act of Parliament and shall be as valid and effectual to the said Sir Theophilus Ogilthrop and his foresaids for their Security of the saids Lands and Estates as any Dissolution Granted by His Majesty or Royal Ancestors with Advice and Consent of Their Estates of Parliament for the time in Favours of whatsomever person or persons at any time heretofore and that notwithstanding of any Clauses Conditions or Qualifications contained in the said Act of Annexation And notwithstanding of any Security granted by the saids Donatars or any of them in Exchequer And His Majesty with Consent foresaid hereby Ratifies Approves and Confirms the said Act of Exchequer and Grounds thereof in all Points And Lastly His Majesty and Estates of Parliament Finds and Declares That this present Act shall not fall under the Act Salvo Iure to be past in this or any other Session of this Current Parliament but is hereby excepted forth thereof in all time coming XXVII ACT of Dissolution of the Lands of Grange in Favours of Sir Thomas Kennedy Lord Provost of Edinburgh Iune 15. 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 proponed in plain Parliament the Loyalty and Fidelity of Sir Thomas Kennedy Lord Provost of Edinburgh and the good and acceptable Services performed by him to the Crown and Kingdom in the diligent Suppressing of the late tumult within the City of Edinburgh and since And Considering also the Service done by the said Sir Thomas Kennedy against the Rebels at Bothwell-Bridge And likewise the constant Loyalty and eminent Services and Sufferings of Lieutenant-Collonel Thomas Kennedy of Kirkhill his Father and his Firm Adherence to the Crown in so far as the said Lieutenant Collonel Kennedy having attended the late King of ever blessed memory at Worcester Fight he was then taken Prisoner and detained eighteen Moneths in the Kingdom of England and afterwards sent Prisoner to Leith from whence after he had stayed some while he was transported to Air and kept Prisoner there until the year 1659. And his Estate in the mean-time Sequestrat and possest by the Usurpers and himself absolutely ruined All which Services and Sufferings being proposed and laid open in plain Parliament to the end the three Estates might give His Majesty their Advice Judgement and Determination re integra whether the same were good and reasonable Causes for Dissolving from the Crown the Lands of Grange formerly pertaining to Thomas Kennedy sometime of Grange with all other Lands Heretages and Rights which belonged to the said Thomas and which fell in His Majesties Hands through the Doom and Sentence of Forefaulture given and pronounced against him upon the day of One thousand six hundred years by the Lords of Justiciary for the Crime of Treason and Laes-Majesty committed by the said Thomas and were annexed to the Crown by the fourty two Act of the first Session of this Current Parliament And the saids Estates of Parliament after mature Deliberation and Treating and Consulting anent the Premisses being fully satisfied and convinced That the saids particular Services and Sufferings Done Performed and Undergone by the said Sir Thomas Kennedy Lord Provost of Edinburgh and Lieutennant Collonel Thomas Kennedy his Father the truth whereof is sufficiently known and did appear to them are just sufficient and important Reasons concerning both His Majesties Interest and publick Good and Welfare of this Kingdom That they should Advise and Consent to His Majesties Giving and Disponing the foresaids Lands of Grange and others above-exprest to the said Sir Thomas Kennedy his Heirs and Assigneys And for that effect that the saids Lands should be Dissolved from the Crown and from the said Act of Annexation THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Decerns Ordains and Declares That the saids Lands of Grange formerly pertaining to the said Thomas Kennedy sometime of Grange and all other Lands Heretages and Rights which belonged to him and which came in His Majesties hands and were annexed to the Crown in manner foresaid may be Disponed to the said Sir Thomas Kennedy Lord Provost of Edinburgh 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 of Iune One thousand six hundred and eighty five and from all other Acts of Annexation and from all Clauses Qualities and Conditions therein contained And His Majesty with Advice and Consent foresaid Finds Decerns and Declares That this present Act of Dissolution having proceeded upon the Advice and Deliberation of the Estates of Parliament re integra and found by the saids Estates to be for Great Weighty and Reasonable Causes Concerning the Good Welfare and publick Interest of the whole Kingdom first Proposed and Advised and maturely Pondered and Considered before any previous Grant or other Right or Deed Given Made or Done by His Majesty in Favours of the said Sir Thomas Kennedy and his foresaids of the Lands and others above-mentioned or any part or portion of the same Does fully satisfie the whole Clauses Conditions and Qualifications contained in the foresaid Act of Annexation and shall have the Force Strength and Effect of a General Law or Act of Parliament and shall be as valid and effectual to the said
Sir Thomas Kennedy and his foresaids for their Security of the Lands and others above-exprest as any other Act of Dissolution past by His Majesty or His Royal Ancestors with Advice and consent of the Estates of Parliament in favours of whatsomever person or persons at any time heretofore And Declares that this Act shall not be comprehended under the Act of Salvo Iure to be past in this present Session or any subsequent Session of this Current Parliament but is hereby excepted therefrom XXVIII ACT Dissolving the Lands of Cultness North-Berwick and Goodtries from the Crown Iune 15. 1686. OUR SOVERAIGN LORD and Estates of Parliament Taking into their Consideration that His Majesties Commissioner as having special Warrand and Commission from His Majesty Having proposed and expounded in plain Parliament the great and Faithful Services done to His Majesty and His Royal Brother of ever blessed memory by Iames Earl of Arran First Gentleman of His Majesties Bed-Chamber and his constant Zeal and Faithfulness to the Interest of the Crown And particularly the said Earl of Arran his extraordinary expenses when Imployed by His Majesties said Dearest Brother as Envoy to the French King and of his activeness against the late Earl of Argile and the other Rebels associat with him in the year 1685. For which he had no allowance at least not suitable to his expenses and that he had faithfully executed the saids Offices and did very well behave himself therein and that he was Instrumental in the Defeat of these Rebels and had performed several other good and acceptable Services All which 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 publick Concernment for Dissolving the Lands and Barony of Cultness lying within the Sheriffdom of Lanerk and the Lands of North-Berwick lying within the Constabulary of Haddingtoun and al 's the Lands of Goodtries with the Teinds and Pertinents thereof lying within the Sheriffdom of Edinburgh sometime pertaining to Thomas and David Stuarts late elder and younger of Cultness together with all other Lands Annualrents and others pertaining and belonging to them from the Crown and which fell and became in His Majesties Hands through the Crimes of Treason and Laes-Majestie Acted Committed and Done by them and either of them and the Doom and Sentence of Forefaulture Given and Pronounced against them for the same upon the and days of and 1685 years and were Annexed to the Crown by the fourty two Act of the first Session of this Current Parliament and by the Act of this present Session of Parliament And the saids Estates of Parliament after long and mature Deliberation Treating and Consulting anent the Premisses being fully satisfied and Convinced that the particular Services and Expenses above-mentioned Done Performed and Expended by the said Iames Earl of Arran the truth whereof is clearly known and did appear to them as Just Weighty and Important Reasons concerning both His Majesties Interest and the Publick Good and Welfare of this Kingdom that they should Advise and Consent to His Majesties Giving and Disponing the saids Lands of Cultness North-Berwick Goodtries and the other Lands above-written with the Pertinents to the said Iames Earl of Arran his Heirs or Assigneys And for that effect that the saids Lands should be Dissolved from the Crown and from the saids two Acts of Annexation THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Decerns Ordains and Declares That the saids Lands and Barony of Cultness and Lands of North-Berwick and Goodtries above-written sometime belonging to the saids Thomas and David Stuarts late elder and younger of Cultness with all other Lands Heretages Annualrents and others belonging to them or either of them which came in His Majesties Hands and were Annexed to the Crown in manner foresaid may be Disponed to the said Iames Earl of Arran and his foresaids and for that effect Have Dissolved and hereby Dissolves the same from the Crown and Patrimony thereof and from the saids two Acts of Annexation the one made the 16 day of Iune 1685. And the other made the day of May 1686. 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 this present Act of Dissolution having proceeded upon Advice and Deliberation of the Estates of Parliament re integra and found by the saids Estates to be for Great Weighty and Reasonable Causes concerning the Good Welfare and publick Interest of the whole Kingdom first Proposed Advised and maturely Pondered and Considered in plain Parliament re integra and found by the saids Estates to be for Great Weighty and Reasonable Causes before any previous Grant or other Right or Deed Given Made or Done by His Majesty in favours of the said Iames Earl of Arran and his foresaids of the Lands and others above-mentioned or any Part or Portion of the same Does fully satisfie the whole Clauses Conditions and Qualifications contained in the two foresaids Acts of Annexation and shall have the Force Strength and Effect of a general Law and Act of Parliament and shall be as valid and effectual to the said Iames Earl of Arran and his foresaids for their Security in the saids Lands of Cultness North-Berwick Goodtries and others above-exprest with the Pertinents as any other Act of Dissolution Granted by His Majesty or His Royal Ancestors with Advice and Consent of Their Estates of Parliament in Favours of whatsoever Person at any time heretofore Likeas His Majesty with Advice and Consent foresaid Finds Decerns and Declares That this present Act of Dissolution is and shall not be understood to fall under or be comprehended in any Act Salvo Iure to be past in this or any other Session of this Current Parliament but is hereby excepted therefrom in all time coming It is always hereby Declared That this Act of Dissolution of the Lands of North-Berwick which did once belong to the said Thomas Stuart sometimes of Cultness shall not prejudge the Senators of the Colledge of Justice as to their Right and Interest in these Lands who are hereby Declared preferable for the same XXIX ACT of Dissolution in Favours of the late Earl of Tarras Iune 15. 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 great benefite and advantage that did arise to the Crown and Government of this Kingdom by the full and sincere Confession made by Walter late Earl of Tarras of several Matters and Circumstances relating to the late horrid Conspiracy the Discovery whereof did in a great measure contribute towards the preventing the fatal Consequences and Effects which so apparently Threatned the Peace of His Majesties
Ratifie and Confirm the foresaid Contract past between His Majesty and the said Viscount of Melfort in the whole Heads Clauses Articles and Provisions of the same with the Resignation made by vertue of the Procutry therein contained by the Viscount of Melfort in his Majesties hands of the foresaids Lands Baronies and others hereby annexed to the Crown together with the Signature granted by His Majesty to the said Viscount of Melfort and his Heirs of the foresaids Lands Baronies and others dissolved from the Crown Dated the day of One thousand six hundred eighty six years And the Charter under the Great Seal Precepts and Instruments of Seasin to follow thereupon and Decerns and Declares this present Ratification to be as valid effectual and sufficient to all intents and purposes as if the foresaid Contract Signature and other Writs or Rights Confirmed were all Verbatim herein Ingrossed and His Majesty and Estates of Parliament Dispenses with and supplies the generality of these Presents for now and ever X. ACT Ordaining Pursuers to furnish the Act to the Defenders whereon they are to Depone June 8. 1686. OUR SOVERAIGN LORD with Advice and Consent of His Estates of Parliament Statutes and Ordains That in Actions before the Lords of Session and all other Judges within the Kingdom where by the Act of Litiscontestation the Defenders Oath is only required and nothing to be proven upon his part That the Pursuer shall be obliged to furnish the Defender with the Act whereon he is to Depone within fourty eight hours after the Pursuer or his Procurator shall be required otherways that the Defender shall not be holden to Depone but the Ordinary shall dismiss him the foresaid Requisition being always made after elapsing of the Term assigned by the Act and before the Term be circumduced at the the Pursuers Instance and where the Defenders in Exhibitions do Depone Negative and the Defenders in Processes for making arrested Goods forthcoming Depone either affirmative or Negative That the Clerks and Macers Dues shall be payed by the Pursuer and not by the Defender with Certification if the Pursuer do not make payment thereof the Defender shall not be holden to Depone but may be dismissed by the Ordinary XI ACT For Winter-Herding June 8. 1686. OUR SOVERAIGN LORD Considering the Prejudice and Damnage which the Liedges do sustain in their Planting and Inclosures through the not herding of Nolt Sheep and other Bestial in the Winter time whereby the young Trees and Hedges are eaten and destroyed Doth with Advice and Consent of His Estates of Parliament Statute and Ordain That all Heretors Liferenters Tennents Cottars and other Possessors of Lands or Houses shall cause herd their Horses Nolt Sheep Swine and Goats the whole Year aswell in Winter as Summer and in the Night time shall cause keep the same in Houses Folds or Inclosures so as they may not eat or destroy their Neighbours Ground Woods Hedges or Planting Certifying such as shall Contraveen they shall be lyable to pay half a Merk toties quoties for ilk Beast they shall have going on their Neighbours Ground by and attour the Damnage done to the Grass or Planting And Declares That it shall be lawful to the Heretor or Possessor of the Ground to detain the saids Beasts untill he be payed of the said half Merk for ilk Beast found upon his Ground and of his Expenses in keeping the same and this but prejudice of any former Acts of Parliament made against Destroyers of Planting and Inclosures XII ACT For Cleansing the Streets of Edinburgh June 8. 1686. OUR SOVERAIGN LORD Considering the many Complaints of the Nastiness of the Streets Vinds Closses and other places of the City of Edinburgh which is the Capitall City of the Nation where the chief Judicatories reside and to which His Majesties Liedges must necessarly resort and attend As also the great Trouble that does arise to His Majesties Liedges and the Inhabitants by the great numbers of clamorous Beggars repairing in and about the said City of Edinburgh THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Decerns and Ordains the present Magistrats of Edinburgh and their Successors to lay down effectual Ways for preserving the said Town of Edinburgh Cannongate and Subburbs thereof from the Nastiness of the Streets Vinds Closses and other places of the said Burgh and for freeing and purging the same of these numerous Beggars which repair in and about the said Burgh and that under the pain of 1000. Merks yearly To be payed by the Magistrats who shall be in Office to the Lords of Session to be applyed by them for the end and use foresaid Declaring that the Magistrats who are in Office and who shall be found negligent of their Duty shall have no relief of their said fine out of the Common Good of the said Burgh or by Stenting the Inhabitants As also His Majesty with Advice and Consent foresaid for the further Incouragement of the Magistrats of Edinburgh present and to come in the said matter Does Statute and Ordain That the Lords of Council and Session shall receive from the Magistrats of the said City or others all Proposals which the saids Lords shall judge rational to the effect above-mentioned And for that effect Authorizes and Impowers the Lords of Session with Advice and Consent of the Magistrats to impose such Taxes upon all the Inhabitants Burgesses and others within the said Town Cannongate and Suburbs thereof as they shall find just and necessar for purging and cleansing the said Town of the foresaid Nastiness and that all Execution by Horning or summar Poynding proceed against the Inhabitants for payment of their Proportions And Recommends to the Lords of Session to meet with the Magistrats and to Proceed in the said Matter as well in time of Vacans as in the time of Session And Ordains the present Magistrats and their Successors to put all such Acts and Ordinances as shall be agreed upon and settled by the Lords of Session for the effect above-mentioned to vigorous Execution under the pain and certification above-mentioned to be incurred by the Magistrats yearly in case the said City of Edinburgh be not effectually cleansed and purged of the foresaid Nastiness and Beggars without any relief to the Magistrats out of the Common-Good of the said Burgh or from the Inhabitants XIII ACT Of Dissolution in Favours of the Duke of Gordon June 8. 1686. OUR SOVERAIGN LORD and Estates of Parliament Taking to their Consideration the many signal Services done and performed to His Majesty and His Royal Ancestors by the Family of Huntly for many ages with the eminent Sufferings of several of the Representatives of that Family for their constant adherence to the True Interests of the Crown and the great Services and Sufferings of George Marquess of Huntly Grand-Father to George now Duke of Gordon who for His Loyalty to His Majesties Royal Father of blessed memory was by the then Rebels Condemned
The Clerkships of the Justices of Peace being Dependences of the Secretaries Office THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Has Repelled Cassed and Annulled and hereby Repells Casses and Annulls the foresaid Clause in the Sixteenth Act of the last Session of this current Parliament Allowing the Iustices of Peace to Nominate their own Clerks and Declares the same to have no Force Strength nor Effect from the beginning and to be null and void in all time coming XXI ACT In Favours of John Adair Geographer for Surveying the Kingdom of Scotland and Navigating the Coasts and Isles thereof June 14. 1686. OUR SOVERAIGN LORD and Estates of Parliament Taking into their Consideration that exact Geographical Descriptions of the several Shires within this Kingdom will be both Honourable and Useful to the Inhabitants and the Hydrographical Description of the Sea-Coasts Isles Creiks Firths and Lochs about the Kingdom are not only Honourable and Useful but most necessary for Navigation and may prevent several Ship-wracks The want of such exact Maps having occasioned great losses in time past And likewise thereby Forraigners may be Invited to Trade with more Security on our Coasts And Considering That Iohn Adair hath given notable Experiments of his great Skill Diligence and Qualifications for performing so good a Work And having signified his willingness to perform the same on allowance of competent Expence THEREFORE His Majesty with Conent of the Estates of Parliament Doth Ordain and Enact That one shilling scots be exacted out of ilk Tun from all the Ships and other Vessels above eight Tunns within this Kingdom excepting Lighters and Fisher-boats and two shilling scots out of each Forraign Ship yearly for the space of five years next ensuing Commensing from Whitsunday this year 1686. and this for defraying the Charge of Hydrographical Maps for the use of the Sea-men which one shilling and two shilling respectivè per Tun Is hereby Ordained to be Collected by the several Collectors of His Majesties Customs who are to deliver the same to the general Collector or Fermer of His Majesties Customs yearly upon Oath at the Term of Martinmas and the same to be payed in to any the Lords of His Majesties Privy Council shall appoint to receive the same to be given to the said Iohn Adair as the saids Lords shall appoint at the said Term ilk year during the space above-written and the saids Collectors are also to deliver to the said Iohn Adair subscribed Lists of the saids Ships with their respective Burdens as the ground of their Charge yearly And the said Iohn Adair is to give account yearly at Martinmas of what progress he hath made as to the Hydrographical Maps to His Majesties Privy Council or such as they shall Commissionat for Inspecting the same As also for Defraying his Expence for drawing of the Maps of the several Shires It is Statute and Ordained That the Sheriffs of each respective Shire Baillies of Regality Stewarts of Stewartry shall at the desire of the said Iohn Adair when he comes to their Shire or Bounds for the end aforesaid Call the Heretors in the said Shire And it is hereby Recommended to them to appoint a suitable Encouragement for defraying the Expence of Surveying the said Shire to be Collected by the Collector of His Majesties Supply immediatly after the said Meeting As likewise That they appoint one or two knowing men in each Paroch to go alongst with the said Iohn Adair when he is actually Surveying the same to design unto him the particular places of each Paroch for the more exact performance of the said Work And Ordains the Collector thereof to deliver what shall be Collected to the said Iohn Adair upon his presenting the Draught of the Map to the respective Sheriffs or others foresaid And likewise The said Iohn Adair giving account yearly to His Majesties Privy Council of his Diligence therein and when the said Geographical and Hydrographical Maps are perfected The care of having the same Printed in a good Edition is Recommended to His Majesties Privy Council XXII ACT and Commission for Plantation of Kirks and Valuation of Teinds June 14. 1686. FORASMUCH as His Majesties Father of ever blessed memory out of His Royal Care and Zeal for the Reformed Religion within this Kingdom and the Maintainance and Provision of the Ministry and Churches thereof and the Peace of the Kingdom and for preventing and settleing all Differences that did or might arise betwixt Titulars and others having right to Teinds and Heretors concerning the Leading and Drawing of their Teinds and immediatly after His attaining and succeeding to the Crown Gave Forth and Emitted His Royal Declaration anent the Premisses and the other particulars therein-specified And in pursuance of the Ends foresaids Divers Laws and Acts of Parliament were made in the year of our Lord 1633. His said Majesty being then present in His Royal Person and since divers Acts of Parliament and Commissions have been Made Given and Renewed to that purpose and particularly by the 15 Act of the 3 Session of the 2 Parliament of King Charles the Second His Majesties umquhile Royal Brother of ever blessed memory And His Majesty being Resolved and desirous to Prosecute so good a Work for the universal Good of His Subjects and especially for the Encouragement of the Ministers of the Gospel THEREFORE His Majesty with Advice and Consent of His Estates of Parliament Gives full Power and Commission to His Majesties Officers of Estate for the time being and to Or any thirteen of them to be a Quorum whereof three of every Estate with one of the Officers of Estate to Meet and Conveen at Edinburgh the day of years and such other place or places times or dyets as they shall appoint To Value and cause be Valued whatsomever Teinds great or small Parsonage or Viccarage within this Kingdom which are yet Unvalued Declaring That where the Viccarage of any Paroch is a several Benefice and Title from the Parsonage the same shall be severally Valued to the effect the Titulars or Ministers serving the Cure having Right to the said Viccarage be not frustrated of the true worth thereof With power to the saids Commissioners or Quorum foresaid to appoint Committees or Sub-Committees of their own number and to grant Sub-Commissions and to receive Reports from them and to approve or disapprove the same as they shall find just And to Rectifie whatsoever Valuations Led or to be Led to the Enorm prejudice of the Titulars or the hurt and detriment of the Church and prejudice of the Ministers Maintainance and Provisions Providing always Likeas it is hereby expresly Provided and Declared That where Valuations are lawfully Led against all persons having interest and allowed by former Commissions the same shall not be drawn in question nor Rectified upon pretence of Enorm Lesion at the Instance of the Minister not being Titular or at the Instance of His Majesties Advocat in respect of His
Dominions As also the Promises and Assurances given to him at the time of the said Discovery of his Princes Bounty and Favour upon that account All which 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 for Dissolving from the Crown the Lands of Robertoun Howcleuch and Borthwick-mains with the Pertinents which formerly appertained to the said Walter late Earl of Tarras and came in his Majesties Hands through the Doom and Sentence of Forefaulture given and pronounced against him before the Lords of His Majesties Justiciary upon the day of One thousand six hundred years and were annexed to the Crown by the 42 Act of the first Session of this Current Parliament And the saids Estates of Parliament after mature Deliberation and Treating and consulting anent the Premisses being fully satisfied and convinced that the particular Services done and performed by the said Walter late Earl of Tarras in his Confession and Discovery foresaid and the benefit and advantage thereby accruing to the Crown and Kingdom and the Promises and Assurances given to him of his Princes Bounty and Favour the Truth whereof is sufficiently known and was made appear to them are Just. Weighty and Important Causes concerning both His Majesties Interest and the publick Good and Welfare of this Kingdom that they should Advise and Consent to His Majesties Giving and Disponing the saids Lands of Robertoun Howcleuch and Borthwick-mains with the Pertinents to the said Walter late Earl of Tarras his Heirs and Assigneys And for that effect that the same should be Dissolved from the Crown and from the foresaid Act of Annexation THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Decerns Ordains and Declares that the saids Lands of Robertoun Howcleuch and Borthwick-mains with the Pertinents may be Disponed to the said Walter late Earl of Tarras 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 five and from all other Acts of Annexation and from all Clauses Qualities and Conditions therein-contained And His Majesty with Advice and Consent foresaid Finds Decerns and Declares That this present Act of Dissolution having proceeded upon the Advice and Deliberation of the Estates of Parliament re integra And found by the saids Estates to be for Great Weighty and reasonable Causes concerning the Good Welfare and Publick Interest of the whole Kingdom first Proposed and Advised and maturely Pondered and Considered before any previous Grant or other Right or Deed Given made or Done by His Majesty In Favours of the said Walter late Earl of Tarras and his foresaids of the Lands and others above-mentioned or any Part or Portion of the same Does fully satisfie the whole Clauses Conditions and Qualifications contained in the foresaid Act of Annexation and shall have the Force Strength and Effect of a General Law or Act of Parliament and shall be al 's Valid and Effectual to the said Walter late Earl of Tarras and his foresaids for their Security of the Lands and others above-exprest as any other Act of Dissolution Granted by His Majesty or His Royal Ancestors With Advice and Consent of the Estates of Parliament in favours of whatsoever Person at any time heretofore Likeas His Majesty with Advice and Consent foresaid Finds Decerns and Declares that this present Act of Dissolution shal not be understood to fall under or be comprehended in any Act Salvo Iure to be past in this or any other Session of this Current Parliament but is hereby excepted therefrom in all time coming XXX ACT Anent the Measure of Bark Iune 15. 1686. OUR SOVERAIGN LORD and Estates of Parliament Taking to their Consideration the great prejudice that does arise through the uncertainty of the measure of Bark within this Kingdom Do Statute and Ordain That the constant measure of Bark in all time coming shall be as follows viz. That twenty two Gallons shall be the measure of one Boll of unbeaten Bark and so proportionally for lesser measures and that the Linlithgow Barly measure shall be the measure for all small beaten mallowie Bark And prohibites and Discharges all Persons whatsomever to make use of any other measures than the measures aforesaid in buying or selling of Bark in time coming under the pain of an hundred Pounds scots toties quoties beside the Forefaulture of the Bark so bought or sold. XXXI ACT In Favours of John Meikle Founder and others of that Trade Iune 15. 1686. HIS MAJESTY and Estates of Parliament taking to Consideration the great advantage that the Nation may have by the Trade of Founding lately brought into this Kingdom by Iohn Meikle for casting of Bells Cannons and others such useful Instruments Do for Encouragement to him and others in the same Trade Statute and Ordain That the same shall enjoy the benefit and priviledges of a Manufacture in all points as the other Manufactures newly Erected are allowed to have by the Laws and Acts of Parliament and that for the space of nineteen years next following the date hereof XXXII ACT Salvo Iâ—re Cujuslibet Iune 15. 686. OUR SOVERAIGN LORD Taking to Consideration That there are several Acts of Ratifications 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 or prejudged Therefore His Majesty with Advice and Consent of the Estates of Parliament Statutes and Ordains That all such particular Acts and Acts of Ratification past in manner foresaid shall not prejudge any third Party of their lawful Rights nor of their Actions and Defences competent thereupon before the making of the saids particular Acts and Acts of Ratifications And that the Lords of Session and all other Judges of this Kingdom shall be obliged to Judge betwixt Parties according to their several Rights standing in their Persons before the making of the saids Acts All which are hereby Exponed and Declared to have been made Salvo Iure Cujuslibet XXXIII ACT of Adjournment Iune 15. 1686. THE Kings Majesty Declares this Parliament Current and Adjourns the same to the 16 day of August next 1686. And Ordains all Members of Parliament to attend that Day And that there be no new Election of Commissioners from Shires or Burghs except upon the Death of some of the present Commissioners Collected and Extracted from the Registers and Records of Parliament by TARBAT Cls. Reg. A TABLE Of the Printed ACTS 1 ACT of Dissolution of the Lands of Cesnock and Duchal Pag. 3 2 Act for the better Inbringing of His Majesties Supply Pag. 5 3 Act Ordaining Interlocutors to be Subscribed by Judges Pag. 6 4 Act Ordaining all Executions to be Subscribed by the Witnesses without necessity of Stamping
and thereafter cruelly murdered on a Scaffold And also Taking into their Consideration the constant Loyalty great Services and Merits of the said George Duke of Gordon who has fully answered and improven the high and honourable Characters of Loyalty and Nobility Derived unto him by his Predecessors and his readiness by himself his Friends and Followers in subduing the late Rebellion As also His Majesty and Estates of Parliament Considering That Mr. Robert Baillie sometime of Ierriswood being upon the 24 day of December 1684 Found guilty by an Assise of the Crime of high Treason was Forefaulted by His Majesties Justice-General Justice-Clerk and Commissioners of Justiciary And by the 42 Act of the first Session of His Majesties current Parliament The Lands and Barony of Mellarstanes and all other Lands Teinds and Rights whatsomever pertaining to the said Mr. Robert Baillie were Unite Annexed and Incorporat to the Crown of this His Majesties ancient Kingdom And the saids Lands and Barony of Mellarstanes and Fawns with the Pertinents lying within the Lordship of Gordon Huntly Parochin of and Sheriffdom of Berwick did anciently belong to and were holden of the said George Duke of Gordon and his Predecessors and are specially contained and ingrost in their and his Infeftments under the great Seal of this Kingdom And His Majesties Commissioner as having special Warrand and Instruction from His Majesty Having proposed and Expounded in plain Parliament That His Majesty upon the Considerations foresaid and as a mark of His Royal Bounty and Favour resolved to bestow on the said Duke of Gordon the Lands which did anciently hold of his Family in the Merse as well as such as yet hold of himself all of which belonged to the said Mr. Robert Baillie late of Ierriswood And the Estates of Parliament after mature Deliberation Treating and Consulting anent the Premisses re integra being fully satisfied and convinced That the foresaid Services and Sufferings done and endured by the said George Duke of Gordon his predecessors and himself for His Majesty and His Royal Ancestors The truth whereof is sufficiently known and did appear to them are Just Sufficient and Important Reasons concerning both His Majesties Interest and the publick Good and Welfare of this Kingdom That they should Advise and Consent to His Majesties Giving and Disponing the saids Lands and Barony of Mellarstanes and Fawns with the Pertinents above-exprest to the said George Duke of Gordon his Heirs and Assigneys And for that effect that the saids Lands should be Dissolved from the Crown and from the said Act of Annexation THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Decerns Ordains and Declares That the saids Lands and Barony of Mellarstanes and Fawns with the Pertinents formerly pertaining to the said Mr. Robert Baillie sometime of Ierriswood may be Disponed to the said George Duke of Gordon 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 and from all other Acts of Annexation and from all Clauses Qualities and Conditions therein-contained And His Majesty with Advice and Consent foresaid Finds Decerns and Declares That this present Act of Dissolution having proceeded upon the Advice and Deliberation of the Estates of Parliament re integra And found by the saids Estates to be for Great Weighty and Reasonable Causes concerning the Good Welfare and publick Interest of the whole Kingdom first proposed and Advised and maturely pondered and considered before any previous Grant or other Right or Deed Given Made or Done by His Majesty in favours of the said George Duke of Gordon and his foresaids of the Lands above-written with the Pertinents or any part or portion of the same Doth fully satisfie the whole Clauses Conditions and Qualifications contained in the foresaid Act of Annexation and shall have the Force Strength and Effect of a general Law or Act of Parliament and shall be as valid and effectual to the said George Duke of Gordon and his foresaids for their Security of the saids Lands and Barony of Mellarstanes and Fawns above-exprest with the Pertinents as any other Act of Dissolution Granted by His Majesty or His Royal Ancestors with Advice and Consent of the Estates of Parliament in favours of whatsomever person at any time heretofore Likeas His Majesty with Advice and Consent foresaid Finds Decerns and Declares That this present Act of Dissolution shall not be understood to fall under or be comprehended in any Act Salvo Iure to be past in this or any other Session of this current Parliament but is hereby excepted therefrom in time coming XIV ACT Against Importing Irish-Victual or Cattel June 14. 1686. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament Does Ratifie and Approve the 3 Act 3 Sess. Par. 2. Ch. 2. Against the Importing of Irish-Victual with this alteration Viz. That all the Victual that shall be Imported shall be sunk and destroyed and the Seizer or Discoverer in place of the third part of the Victual allowed him by the foresaid Act for his Reward shall have the Boat Bark or Vessel wherein the said Victual shall be Imported to dispose of at his pleasure together with the half of the Fines by the foresaid Act Imposed upon the Importers Recepters and Heretors and the other half of the saids Fines to belong to His Majesty As likewise His Majesty with Advice and Consent foresaid Enacts and Ordains That no Horse Mare or Cattel whatsomever shall be Imported from Ireland to this Kingdom under the pain and Penalty of Forefaulture of the Horse Mares or Cattel that shall be Imported and further of paying the sum of an hundred Merks Scots for each Beast that shall be so Imported the one half of both the Beasts and Fines to belong to the Seizer and Discoverer and the other half to His Majesty As likewise That no Person within this Kingdom Resett or Buy any Horse Mares or Nolt That they know to be Imported out of Ireland under the pain of an hundred merks Scots for each Beast besides the Forefaulture of the Beasts themselves the one half to belong to the Discoverer he always pursuing and instructing the same Importation within six Moneths after and the other half to His Majesty And Recommends to the Lords of Council to nominat and appoint such Persons as they shall think fit for seeing this Act put in Execution XV. ACT Declaring that Inhibitions shall not be prejudged by Recognition June 14. 1686. OUR SOVERAIGN LORD with Advice and consent of His Estates of Parliament Statutes and Ordains That in time coming no Inhibition duly Execute shall be prejudged or disappointed by the Debitors doing Deeds after the Inhibition inserting Recognition But that the Lands falling under Recognition shall be burdened with the prior Inhibition and ground thereof XVI ACT For Burying in Scots Linen June 14. 1686. OUR SOVERAIGN LORD For the Encouragement of the