Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	estate_n	say_a	tenement_n	3,026	5	11.0305	5	true

Text snippets containing the quad

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

Edinburgh Mr. Robert Blakewood and Iames Balfour Merchants in Edinburgh and Iohn Corss Merchant in Glasgow William Paterson Esquire Iames Fowlis David Nairn Esquires Thomas Deans Esquire Iames Cheisly Iohn Smith Thomas Coutes Hugh Frazer Ioseph Cohaine Daves Ovedo and Walter Stuart Merchants in London with such others as shal joyn with them within the space of twelve Moneths after the first day of August next and all others whom the foresaid Persons and these joyned with them or major part of them being assembled shal admit and joyn into their Joint-Stock and Trade who shal all be Repute as if herein originally insert to be one Body Incorporate and a free Incorporation with perpetual Succession by the Name of The Company of Scotland Trading to Affrica and the Indies Providing always Likeas it is hereby in the first place provided that of the Fond or Capital Stock that shall be agreed to be Advanced and Imployed by the foresaid Undertakers and their Co-partners the half at least shal be appointed and allotted for Scottish men within this Kingdom who shal enter and subscribe to the said Company before the first day of August one Thousand Six Hundred and Ninety Six Years And if it shall happen that Scots Men living within this Kingdom shal not betwixt and the foresaid Term subscribe for and make up the equal half of the said Fond or Capital Stock Then and in that case allannerly It shall be and is hereby allowed to Scots Men residing Abroad or to Forraigners to come in Subscribe and be assumed for the Superplus of the said half and no otherwise Likeas the Quota of every mans part of the said Stock whereupon he shal be capable to enter into the said Company whether he be Native or Forraigner shall be for the least one Hundred lib. Sterl And for the highest or greatest three Thousand lib. Sterl and no more directly nor indirectly in any sort with power to the said Company to have a common Seal and to alter and renew the same at their pleasure with advice always of the Lyon King at Arms as also to Plead and Sue and be Sued and to Purchass Acquire Possess and enjoy Lordships Lands Tenements or other Estate real or personal of whatsoever nature or quality and to dispose upon and alienate the same or any part thereof at their pleasure and that by Transferrs and Assignment made and entered in their Books and Records without any other formality of Law Providing always that such Shares as are first Subscribed for by Scots Men within this Kingdom shal not be alienable to any other than Scots Men living within this Kingdom That the foresaid Transfers and Convoyancies as to Lands and other real Estate when made of these only and a part be perfected according to the Laws of this Kingdom anent the convoyance of Lands and real Rights with power likewayes to the foresaid company by Subscriptions or otherways as they shall think fit to raise a joint Stock or capital Fond of such a sum or sums of Money and under and subject unto such Rules Conditions and Qualifications as by the foresaid Company or major part of them when assembled shal be limited and appointed to begin carry on and support their intended Trade of Navigation and whatever may contribute to the advancement thereof And it is hereby declared that the said joint Stock or capital Fond or any part thereof or any estate real or personal Ships Goods or other Effects of and belonging to the said Company shal not be lyable unto any manner of confiscation Seisure Forfaulture Attachment Arrest or Restraint for and by reason of any Embargo breach of Peace Letters of mark or reprisal Declaration of War with any forraign Prince Potentate or State or upon any other account or pretence whatsomever but shal only be transferable assignable or alienable in such way and manner and in such parts and Portions and under such restriction rules and conditions as the said Company shal by writing in and upon their Books Records and Registers direct and appoint and these Transfers and Assignments only and no other shal convoy the right and Property in and to the said joint Stock and capital Fond and effects thereof above-mentioned or any part of the samen Excepting always as is above-excepted and that the Creditors of any particular Member of the Company may by their real Diligence affect the share of the profit falling and pertaining to the Debitor without having any further Right or Power of the Debitors part and Interest in the Stock or capital Fond otherwise than is above-appointed and with this express provision that whatever charges the Company may be put to by the contending of any of their Members Deceased or of their Assigney Creditors or any other persons in their Rights The Company shal have retention of their Charges and Expenses in the first place and the Books Records and Registers of the said Company or authentick Abstracts or Extracts out of the same are hereby Declared to be good and sufficient for evidents in all Courts of Judicator and else where And His Majesty with Advice foresaid farder Statutes and Declares that the said Iohn Lord Beilhaven Adam Cockburn of Ormistoun Lord Justice Clerk Mr. Francis Montgomery of Giffen Sir Iohn Maxwel of Pollock Sir Robert Chiesly present Provost of Edinburgh Iohn Swintoun of that Ilk George Clark late Baillie of Edinburgh Mr. Robert Blakewood and Iames Balfour Merchants in Edinburgh and Iohn Corss Merchant in Glasgow William Paterson Esquire Iames Fowlis David Nairn Esquires Thomas Deans Esquire Iames Chiesly Iohn Smith Thomas Coutes Hugh Frazer Ioseph Cohaine Daves Ovedo and Walter Stuart Merchants in London and others to be joyned with or assumed by them in manner above-mentioned and their Successors or major part of them assembled in the said Company shall and may in all time coming by the plurality of Votes agree make constitute and ordain all such other Rules Ordinances and Constitutions as may be needful for the better Government and Improvement of their joynt Stock or capital Fond in all matters and things relateing thereunto To which Rules Ordinances and Constitutions all persons belonging to the said Company as well Directors as Members thereof Governours or other Officers Civil or Military or others whatsoever shall be subject and hereby concluded As also to administrat and take Oaths de fideli and others requisit to the management of the foresaid Stock and Company And the said Company is hereby impowered to Equipp Fit Set out Fraught and Navigat their own or hired Ships in such manner as they shall think fit and that for the space of ten years from the date hereof notwithstanding of the Act of Parliament one thousand six hundred and sixty one Years Intituled Act for encouraging of Shipping and Navigation where with His Majesty with Consent foresaid dispenses for the said time allanerly in favours of the said Company and that from any of the Ports or Places of

the Paroch and a Legal Admission from the Presbytry within whose bounds the saids Churches lies As also to take some effectual Course for stopping and hindering these Ministers who are or shall be hereafter Deposed by the Judicatories of this present established Church from Preaching or Exercising any Act of their Ministerial Function which they cannot do after they are Deposed without a high Contempt of the Authority of the Church and of the Laws of the Kingdom establishing the same XXIII ACT Anent Lands lying Run-rig Iuly 5. 1695. OUR SOVERAIGN LORD and the Estates of Parliament taking into their Consideration the great Disadvantage arising to the who●e Subjects from Lands lying run-rig and that the same is highly prejudicial to the Policy and Improvement of the Natio● by Planting and Inclosing conform to the several Laws and Acts of Parliament of before made thereanent For remeid His Majesty with the Advice and Consent of the said Estates Statutes and Ordains that wherever Lands of different Heretors ly run-rig it shall be Leisum to either Party to apply to the Sheriffs Stewarts and Lords of Regality or Justices of Peace of the several Shires where the Lands ly to the effect that these Lands may be divided according to their respective Interests who are hereby Appointed and Authorized for that effect and that after due and lawful Citation of all Parties concerned at an certain day to be prefixed by the said Judge or Judges It is always hereby Declared that the saids Judges in making the foresaid Division shall be and are hereby restricted so as special regard may be had to the Mansion-Houses of the respective Heretors and that there may be allowed and adjudged to them the respective parts of the Division as shall be most commodious to their respective Mansion-Houses and Policy and which shall not be applicable to the other adjacent Heretors As also it is hereby Provided and Declared that thir Presents shall not be extended to the Burrow and Incorporat Acres but that notwithstanding hereof the same shall remain with the Heretors to whom they do belong as if no such Act had been made XXIV ACT for Obviating the Frauds of appearand Heirs Iuly 10. 1695. OUR SOVERAIGN LORD Considering the frequent Frauds and Disappointments that Creditors do suffer upon the Decease of their Debitors and through the Contrivances of appearand Heirs in their prejudice For Remeid thereof and also for facilitating the Transmission of Heretage in Favours of both Heirs and Creditors His Majesty with Advice and Consent of the Estates of Parliament Statutes and Ordains That if any man since the first of Ianuary One thousand six hundred and sixty one have served or shal hereafter serve himself Heir or by Adjudication on his own Bond hath since the time foresaid succeeded or shal hereafter succeed not to his immediate Predecessor but to one remoter as passing by his Father to his Goodsire or the like then and in that Case he shal be lyable for the Debts and Deeds of the Person interjected to whom he was appearand Heir and who was in the Possession of the Lands and Estate to which he is served for the space of three years and that in so far as may extend to the value of the said Lands and Estate and no further deducing the Debts already payed As also with this order as to the time past that all the true and lawful Debts of the appearand Heir entering as said is and already contracted with the true and real Debts of the Predecessor to whom he enters shal be preferred in the first place As also His Majesty with Advice and Consent foresaid Statutes and Ordains That if any appearand Heir for hereafter shal without being lawfully served or entered Heir either enter to possess his Predecessors Estate or any part thereof or shal purchase by himself or any other to his Behoove any Right hereto or to any Legal Diligence or other Right affecting the same whether Redeemable or Irredeemable otherwise than the said Estate is exposed to a lawful publick Roup and as the highest Offerer thereat without any Collusion his foresaid Possession or Purchase shal be repute a behaviour as Heir and a sufficient passive Title to make him represent his Predecessor universally and to be lyable for all his Debts and Deeds sicklike as if the said appearand Heir possessing or purchasing as said is were lawfully served and entered Heir to his said Predecessor Declaring always Likeas it is hereby declared that the said appearand Heir may bring the said Estate to a Roup whether the Estate be Bankrupt or not And it is further Statute that where Rights or Legal Diligences affecting their Predecessors Estates shal be found settled in the Person of any such near Relation to whom the appearand Heir to the foresaid Predecessor may also succeed as Heir the appearand Heirs possessing by vertue of the said Rights and Diligences except upon Lawful Purchase by publick Roup as said is shal not only be a passive Title but the said Rights and Diligences in the Person of the said near Relation shal only be sustained as valid to exclude the Predecessors Creditors in so far as can be qualified and instructed that these Rights and Diligences were truly and honestly purchased for payment of Sums of Money and no further And moreover His Majesty with Advice and Consent foresaid Statutes and Ordains That for hereafter any appearand Heir shal have free liberty and access to enter to his Predecessors cum beneficio inventarii or upon Inventary as use is in Executories and Moveables allowing still to the said appearand Heir year and day to deliberate in which time he may make up the foresaid Inventary which he is to give up upon Oath full and particular as to all Lands Houses Annualrents or other Heretable Rights whatsoever to which the said appearand Heir may or pretends to succeed which Inventary to be subscribed by him before Witnesses duly insert and designed shal be given in to the Clerk of the Sheriff Court of the Shire where the Defuncts Lands and Heretage lye or in case the Defunct had no Lands or Heretage requiring Seasin to the Clerk of the Shire where the Defunct deceased To which Inventary the Sheriff or Sheriff-Deput with the Clerk of the Court shal also subscribe in Judgement and record the same in their Registers and give Extracts thereof for all which the upgiver of the said Inventary shal pay no more to the Court and Clerk thereof on any account than the ordinary price of Extracts in that Court for an extract of the said Inventary and this Inventary is to be given in recorded and extracted as said is within the said year and day to deliberat and thereafter the foresaid Extract thereof shal within fourty days after the expiration of the said year and day be again presented and registrated in the Books of Council and Session in a particular Register to be appointed by the Clerk Register for that effect

the Protestant Religion the Laws and Liberties of this Kingdom in case Iames then Duke of York would succeed to the Crown and of the Ways and Methods then talked of in England and such as might be taken in Scotland for preventing the same and for his exclusion from Succession to the Crown are weak and frivolous Pretences to infer the Crime of Treason As Likewise that the Probation wa● lame defective seing it did confe●● of the Depositions and Testimonies of Persons who a little before hade been accused of the same pretended Crimes and who after submission made and when their Lives and Fortunes were at the late Kings Mercy had predetermined themselves by their Confessions and Depositions then emitted For albeit they were secured as to their Lives when they deponed before the Parliament yet they having emitted their Declarations when they were under the fear and apprehension of being Forefaulted themselves and when they renewed their Confessions before the Parliament they could make no alteration unless they had declared themselves to be perjured they having only adhered to the very same Testimonies formerly emitted by them except the Earl of Tarras who depons of new and not upon his Declaration formerly emitted but proves nothing against the said Sir Patrick Home And also considering that there is nothing proven by the Witnesses in habit as they were against the said Sir Patrick of his being upon or privy to any Design or Contrivance against the Person and Life of King Charles the Second and that the Testimonies do not concur and agree in any particular Fact which by the Common Law or Custom could infer the Crime of Treason against the said Sir Patrick And likeways having considered the Act of Adjournal of the Justice Court of the date the day of One thousand six hundred eighty years upon which the said Sir Patrick Home was denounced Fugitive for not compearance and that there was no relaxation raised until a few Days before the dyet of Compearance in Parliament though neither he had the offer of an Indemnity nor was for the time in open Rebellion so that he had not tutus accessus and that the saids pretended Crimes lybelled in the said Act of Adjournal are the same contained in the foresaid Sentence of Forefaulture before the Parliament Therefore Their Majesties with Advice and Consent of the Estates of Parliament Do hereby by way of Justice Rescind Retreit Cass and Annull the foresaid Decreet and Sentence of Forefaulture pronounced against the said Sir Patrick Home and all Gifts of Forefaulture if any be granted by the late King Iames of the said Sir Patrick his Estate or any part thereof to any Person or Persons whatsomever And the foresaid Act of Adjournal with all that has followed or may follow thereupon And declares the said Decreet and Sentence of Forefaulture and Act of Adjournal to have been from the beginning to be now and in all time coming void null and of no avail force strength nor effect and restores the said Sir Patrick Home his Children and Posterity against the same in integrum and Rehabilitating them to their Blood-right and Benefit of Succession Name and Fame sick-like and as freely in all respects as if the said Decreet and Doom of Forfaulture had never been given nor pronounced Rescinding hereby the Act of Annexation of the said Sir Patrick his Estate to the Crown and dissolving the same therefrae As also Their Majesties with Consent foresaid Decerns and Ordains all the Intrometters with the Lands Rents Goods and Gear or other Estate moveable or immoveable pertaining and belonging to the said Sir Patrick Home to be lyable for and refound the famine to him his Heirs Executors or Assigneys and that Letters may be direct for that effect in Form as effeirs And their Majesties and Estates of Parliament Statute and Ordain that this present Act shal have full force strength and effect of a publick Law in favours of the said Sir Patrick Home and others aforesaid And it is hereby Declared That this present Act is and shal be understood to be excepted from the Act Salvo Iure to be past in this present Parliament ACT Dissolving Sir Patrick Home of Polwarth his Estate from the Crown Iuly 22. 1690. FOrasmuch as by an Act and Sentence of this present Parliament the Doom and Sentence of Forefaulture pronounced in anno One thousand six hundred eighty and five against Sir Patrick Home of Polwarth is ex Iustitia Reduced and Rescinded and that by an Act of the Sixteenth of Iune One thousand six hundred eighty and five the Estate and Lands belonging to the said Sir Patrick Home were formerly annexed to the Crown Which Act of annexation is now also by the said Act Reductive in his Favours Rescinded and declared void Therefore and for the said Sir Patrick his more full and effectual Restitution and without any derogation to the said Act Reductive in his Favours but accumulating Rights to Rights Our Soveraign Lord and Lady the King and Queens Majesties with Advice and Consent of the Estates of Parliament have dissolved and hereby dissolves from the Crown and Patrimony thereof the Lands and Barrony of Polwarth the Lands and Barrony of Grein-Law and Reid-Path with the Right of Patronages and whole Pertinents thereof And Lands of with all other Lands Rights and Estate pertaining to the said Sir Patrick Home and that in Favours of the said Sir Patrick himself that he may bruick and enjoy the same as if he himself had never been forefaulted or as if the saids Lands and Estate had never been annexed Declaring that this present Act shal have the strength and effect of a General Law and Act of Parliament and shal be al 's Valid and Effectual to the said Sir Patrick his Heirs and Successors for their Security of the whole Premisses as any other Act of Dissolution made and enacted at any time bygone in Favours of whatsomever Person and conform to all the Conditions required by Law in Acts of that Nature And farder that this present Act of Dissolution is and shal be understood to be excepted from the Act Salvo Iure to be past in this present Parliament Extracted furth of the Records of Parliament by George Viscount of Tarbat Lord M cLeod and Castlehaven c. Clerk to the Parliament and to his Majesties Councils Registers and Rolls

bound in the whole Contents of the Bond or Contract As also of the said Cautioners being still bound conform to the Terms of the Bond within the said seven years as before the making of this Act As also providing that what Legal Diligence by Inhibition Horning Arrestment Adjudication or any other way shall be done within the seven years by Creditors against their Cautioners for what fell due in that time shall stand good and have its Course and Effect after the expyring of the seven years as if this Act had not been made VI. ACT Regulating the Sale and Payment of Bankrupts Estates Iune 18 1695. HIS MAJESTY with Advice and Consent of the Estates of Parliament for the further Clearing and Explaining of former Laws anent the Sale of Bankrupts Estates Statutes Enacts and Declares that it shall be lawful to all Purchasers of Bankrupts Estates after the space of one year counting from the Decreet of Sale and to such as have obtained Decreets of Sale after the Term of Whitsunday one thousand six hundred and ninety six years to consign the whole Price offered with the Annualrent due at the time of the Consignation or so much thereof as remains in the hands of the Purchaser over and above what is warrantably payed to Creditors preferred by the Lords of Session in the hands of the Magistrats and Town Council of Edinburgh and their Thesaurer for the time who are hereby obliged and ordained to receive the same upon their Receipt in the Terms after-mentioned And for the greater benefit of the Creditors are further allowed to keep in their hands the consigned Money for the space of a year from the next Term of Candlesmass Whitsunday Lambmass or Martinmass after the Consignation upon payment of three per Cent of Annualrent ay and while it be called for And the said Magistrats Town Council and Thesaurer of Edinburgh for the time shall be and are hereby obliged to make forthcoming the consigned Money in whole or in part with the Annualrent thereof at three per Cent as said is according as they shal be ordered by the saids Lords of Session with Certification if they failzie that they shall be charged with Horning for that effect and shall be thereafter lyable not only in the tenth part of the principal Sum called for in name of Penalty But also in the ordinary Annualrent of the said principal ay and while the compleat payment thereof And because Purchasers of Lands affected with Liferents have Retention of a share of the Price It is hereby Declared that the Purchaser shall be allowed to consign what remains in his hands after the Decease of the Liferenter in manner foresaid he always making due Intimation of the Consignation to the Creditors who got the rest of the Price And His Majesty with Consent foresaid Statutes Enacts and Declares that the Purchaser paying the Price offered to the Creditors according as they are or shall be Ranked and Preferred by the Lords of Session or consigning the same in manner foresaid shall be for ever exonered and the Security given for the Price shall be delivered up to be cancelled and the Lands and others Purchased and Acquired disburdened of all Debts or Deeds of the Bankrupt or his Predecessors from whom he had Right and that the Bankrupt his Heirs or appearand Heirs or Creditors without Exception of Minority not compeating or conceiving themselves to be prejudged shall only have Access to pursue the Receivers of the Price and their Heirs and reserving to the Minor Leased his Relief as accords And further His Majesty with Advice and Consent foresaid doeth hereby Authorise the Lords of Session to grant warrant for charging the Magistrats and Thesaurer of Edinburgh for the time to make payment of the Sums consigned to the several Creditors according to their Preferences upon the saids Creditors their several Applications to the Lords and consigning in the Clerks hands Dispositions and Conveyances in favours of the Purchasers in so far as their several Rights may affect the Purchase As also in case any Debate remain undetermined amongst the Creditors anent their Preferences it shall be lawful to the saids Lords upon Application of the saids Creditors to grant warrand for uplifting and employing the Sums consigned upon sufficient Security bearing Annualrent VII ACT For six Months Supply upon the Land-Rent Iune 20. 1695. THe Estates of Parliament taking into their Consideration the Dangers that still threaten this Kingdom by reason of the Continuance of the present War which visibly require the keeping up of the standing Forces and the Supplies necessary for their Maintainance Do therefore humbly and cheerfully for themselves and in name of this Kingdom whom they represent make offer to His Majesty of a Supply of Four hundred thirty two thousand pound extending to six Months Cess which new Supply is to be raised and uplifted out of the Land-rent of this kingdom in the same manner and conform to the Proportions of the Shires and Burghs contained in the sixth Act of the second Session of this Current Parliament dated the seventh day of Iune 1690 providing always that the Proportions of Burghs be rated and payed as their Tax-roll now is or that be settled by themselves and this Supply to be payed in two parts either answering to three Months Cess viz. Two hundred and sixteen thousand pounds as being the first half thereof to be payed betwixt and the first day of August in this present year One thousand six hundred and ninety five and the other two hundred and sixteen thousand pound as the other half thereof betwixt and the first of February One thousand six hundred ninety six years And His Majesty considering that this Supply is granted for such a necessary use Doth with Advice and Consent of the Estates of Parliament Declare that no Person or Persons shall be Exempted from payment of their Proportions of this Supply for their Lands upon any pretext whatsoever excepting Mortified Lands and the Lands of New-milns belonging to the WoolenManufactory there for which Mortified Lands and Lands of New-milns Deduction is to be allowed in the Quota of the respective Shires notwithstanding of any former Law Priviledge or Act of Parliament in the contrary And His Majesty with Advice and Consent foresaid doth Nominat and Appoint the same Persons who are named in the foresaid Act of Parliament who are alive and have qualified themselves according to Law or shall qualifie themselves betwixt and the last Tuesday of Iuly next to come and such others as have been since Nominat by the Privy Council to be Commissioners for ordering and uplifting this Supply with the same power to them to Choice their own Clerk and to do every thing that may concern the said Supply as is prescribed and appointed by the said Act holding the same as repeated herein and Ordains the same Execution to pass for In-bringing thereof as is provided by that Act in all points And Ordains the first

this Kingdom or from any other parts or places in Amity or not in Hostility with His Majesty in Warlike or other manner to any Lands Islands Countreys or Places in Asia Affrica or America and there to Plant Collonies build Cities Towns or Forts in or upon the places not Inhabited or in or upon any other place by consent of the Natives and Inhabitants thereof and not possest by any European Soveraign Potentate Prince or State and to provide and furnish the foresaid Places Cities Towns or Forts with Magazines Ordinances Arms Weapons Ammunition and stores of War and by force of Arms to de end their Trade and Navigation Collonies Cities Towns Forts and Plantations and other their effects whatsoever as also to make Reprisals and to seek and take Reparation of Damnage done by Sea or by Land and to make and conclude Treaties of Peace and Commerce with the Soveraigns Princes Estates Rulers Governours or Proprietors of the foresaid Lands Islands Countreys or Places in Asia Affrica or America Providing always Likeas It is hereby specially provided that all Ships imployed by them shall return to this Kingdom with their effects under the pain of Confiscation Forefaulture and Seizure of the Ship and Goods in case of breaking of Bulk before their Return excepting the case of Necessity for preserving the Ship Company and Loadning allanerly And His Majesty with Consent foresaid doth farder Statute and Ordain that none of the Leidges of this Kingdom shall or may Trade or Navigat to any Lands Islands Countreys or Places in Asia or Affrica in any time hereafter or in America for and during the space of thirty one years to be counted from the passing of this present Act without License and Permission in writing from the said Company Certifying all such as shall do in the contrair hereof that they shall Forefault and Omit the third part of the Ship or Ships and of the Cargo or Cargoes therein Imployed or the Value thereof the one hal to His Majesty as Escheat and the other half to the Use and Benefit of the said Company For the effectual Execution whereof it shall be lawful to the said Company or any Imployed by them to Seize the saids Ships and Goods in any place of Asia or Affrica or at Sea upon the Coasts of Asia or Affrica upon the transgression foresaid by force of Arms and at their own hand and that without the hazard of incurring any Crime or Delinquency whatsomever on account of the said Seizure or any thing necessarly done in Prosecution thereof excepting always and without prejudice to any of the Subjects of this Kingdom to Trade and Navigat During the said space to any part of America where the Collonies Plantations or Possessions of the said Company shall not be settled And it is further hereby Enacted that the said Company shal have the Free and Absolute Right and Property onely Relieving and Holding of His Majesty and His Successors in Soveraignity for the onely acknowledgment of their Allegeance and paying yearly a Hogshead of Tobacco in name of Blench-duty if required allanerly in and to all such Lands Islands Collonies Cities Towns Forts and Plantations that they shall come to Establish or Possess in manner foresaid As also to all manner of Treasures Wealth Riches Profits Mines Minerals Fishings with the whole Product and Benefit thereof as well under as above the Ground and as well in Rivers and Seas as in the Lands thereto belonging or from or by reason of the same in any sort together with the Right of Government and Admirality thereof and that the said Company may by vertue hereof grant and delegat such Rights Properties Powers and Imunities and permit and allow such sort of Trade Commerce and Navigation into their Plantations Collonies Cities Towns or Places of their Possession as the said Company from time to time shall judge fit and convenient VVith power to them to impose and exact such Customs and other Duties upon and from themselves and others Treading with and coming to the said Plantations Cities Towns Places and Ports and Harbours thereof as the Company shal think needful for the maintainance and other publick uses of the same Holding always and to hold the whole Premisses of His Majesty and his Successors Kings of Scotland as Soveraigns thereof and paying only for the same their acknowledgement and allegeance with a Hogshead of Tobacco yearly in name of Blench Duty if required for all other Duty Service Claim or Demand whatsomever With power and liberty to the said Company to Treat for and to procure and purchase such Rights Liberties Priviledges Exemptions and other Grants as may be convenient for supporting promoting and enlarging their Trade and Navigation from any foreign potentate or Prince whatsoever in amity with his Majesty for which the general Treaties of Peace and Commerce betwixt His Majesty and such Potentates Princes or States shal serve for sufficient Security Warrand and Authority and if contrair to the saids Rights Liberties Priviledges Exemptions Grants or Agreements any of the Ships Goods Merchandise Persons or other Effects whatsoever belonging to the said Company shal be slopt detained embazled or away taken or in any sort prejudged or damnified His Majesty promises to interpose his Authority to have restitution reparation and satisfaction made for the Dammage done and that upon the publick Charge which His Majesty shal cause depurse and lay out for that Effect And farder it is hereby Statute that all Ships Vessels Merchandise Goods and other Effects whatsoever belonging to the said Company shal be free of all manner of Restraints or Prohibitions and of all Customs Taxes Cesses Supplies or other Duties Imposed or to be Imposed by Act of Parliament or otherwise for and during the space of twenty one years excepting alwise the whole Duties of Tobacco and Suggar that are not of the Growth of the Plantations of the said Company And farder it is Enacted that the said Company by Commission under their common Seal or otherwise as they shal appoint may make and constitute all and every their Directors Governours and Commanders in Chief and other Officers Civil or Military by Sea or by Land As likewise that the said Company may Inlist Inroll Agree and Retain all such persons Subjects of this Kingdom or others whatsoever as shal be willing and consent to enter in their Service or Pay providing always that they Uplift or Levy none within the Kingdom to be Soldiers without Leave or Warrand first obtained from His Majesty or the Lords of His Privy Council over which Directors Governours Commanders in Chief or other Officers Civil or Military and others whatsoever in their Service and Pay the Company shal have the Power Command and Disposition both by Sea and Land And it is farder Statute That no Officer Civil or Military or other Person whatsoever within this Kingdom shal Impress Entertain Stop or Detain any of the Members Officers Servants or others whatsoever off or belonging to

either principal Sum or by gone Annualrents or any part thereof or had his Lands Adjudged therefore before the said Revolution or having given a Bond or suffered Decreet before the Revolution hath made Payment or had his Lands Adjudged since the Revolution the foresaid Ease and Benefit granted in favours of the person Restored is no ways to be Obtruded against the Cautioner in that case As also It is hereby Statute and Ordained That where persons Restored have made Payment since the Revolution of any Annualrents for these years during which they were dispossest of their Estates it shall be leisume for them to retain al 's much in their own Hand of the principal Sums and Annualrents yet resting as extends to the foresaid Annualrents swa payed by them the Annualrents unpayed being always discounted in the first place and where the Debt is altogether payed the Party Restored shall by vertue of this Act have Action of Repetition against his Creditor for refounding the said Annualrents payed out by him for the years during which he was excluded from the Possession of his Estate by the Forfaulture Likeas His Majesty with Advice and Consent foresaid Statutes and Ordains That it shall be leisume to the Creditors of persons Restored by this Parliament to affect the Debitors Estate for payment of their principal Sums and Annualrents resting except such Annualrents whereof they are liberat by this present Act and that immediatly furth and after the Date hereof Discharging hereby all personal Execution against the persons Restored for payment of any principal Sums due by them before their Forfaulture till Wh●●sunday next to come in the Year of God One thousand six hundred and fourscore sixteen years after which all personal Diligence shall be competent against the persons Restored unless they dispone and put the Creditor in Possession of as much of their Estate whereof the Creditor is to have his Election except as to the House Park and Mains as will satisfie the principal Sum and Annualrents thereof resting and not hereby given down at the ordinar rate of the Countrey where the Lands ly and that free of Incumbrances which is to be done at the sight of the Lords of Session in a Suspension to be raised by the persons Restored upon the said offer redeemable nevertheless within the space of Five Years for payment of what is resting of the Creditors Debt discounting his Intromissions And Declaring always that how soon the Creditor shall be excluded from the possession of the saids Lands swa to be disponed to him by the person Restored It shall be leisume to the Creditor immediatly thereafter to use all manner of Diligence personal and real for recovering of his Debt for which the Lands were disponed to him Likeas His Majesty with Advice and Consent foresaid Statutes and Ordains That where a person Restored offering to dispone his Lands to his Creditors cannot purge and disburden the Lands offered of real Incumbrances by the sight of the Lords and put the Creditor in the free Possession thereof swa that he will be lyable to the personal Diligence of his Creditors after Whitsunday One thousand six hundred fourscore sixteen years that then if he demand the benefit of a Cessio bonorum the Lords of the Session are hereby allowed to grant the same to him upon his calling of his Creditors and making Faith and Disponing in the common Form without necessity of his being Imprisoned the time of raising or obtaining thereof or of wearing the Habit after obtaining of the same And likeways It is hereby Declared that where any person during the standing of the said Forfaulture now rescinded did Acquire any Debts due by the person Restored they shall have Action allannerly against the person Restored for the Sums truely payed out by them and Annualrent thereof and shal lose all benefit of their Compositions Eases And His Majesty and the Estates of Parliament Do hereby remit the Case of the deceast William Muir of Caldwell for Repetition of by-gone Rents and all other Cases of Forfault persons Restored depending before them to be Determined by the Lords of Session excepting such Cases wherein Reports have been prepared by the Commission for Fines and Forfaultures for the Parliament in which the Pursuer may at his Option futher Insist till the Decision thereof before the Parliament or Lords of the Session XVII ACT anent the Mint Iuly 5. 1695. OUR SOVERAIGN LORD considering that by the Act of Parliament One thousand six hundred and eighty six Intituled Act anent an humble Offer to his Majesty for an Imposition upon certain Commodities for defraying the Expense of a free Coinage and other matters relating to the Mint The foresaid Expense of a free Coinage and several matters relating to the Mint were indeed settled but neither so perfectly nor so fully as Experience hath since discovered but that there is still need and place for a further Regulation Doth therefore with Advice and Consent of the Estates of Parliament Statute and Ordain That notwithstanding it be recommended by the said Act to the Lords of His Majesties Privy Council to try by some of their Number every Journal of Coin by it self distinctly and that twice every year Viz. In the Month of Iuly and December yearly yet seing the foresaid distinct Tryal of every Journal hath been found both a tedious and superfluous Labour and is not practised any where else it shal be leisom for the said Lords of His Majesties Privy Council to make the said Tryal by such of their number as they shal think fit not of every Journal of Coin by it self distinctly but by taking and making Tryal of any one or more single Journals as they shal think fit and then to cause melt down in one Mass or Lignat the rest of the Journals to be at that time tried and to take an Essay of the Mass so melted down as said is which shal stand for the whole but prejudice always to the said Lords of Council to make distinct Tryals of the hail foresaid Journals as they shal see cause As also still recommending to them the exact Tryal of all Matters relating to the Coinage at the foresaid two times above-specified in manner mentioned in the said Act and that notwithstanding of the foresaid Act which is innovat in so far as the same is inconsistent with this present Act. XVIII ACT anent the Quorum of the Commission of Teinds Iuly 5. 1695. OUR SOVERAIGN LORD the Kings Majesty considering that there are many Actions depending before the Lords and others Commissioners for Plantation of Kirks and Valuation of Teinds which cannot be decided and determined in respect that the saids Commissioners have not met so frequently as was necessary by reason of the difficulties of getting a Quorum whereby the Leidges have been much prejudged for Remei●ing whereof Our Soveraign Lord with Advice and Consent of the Estates of Parliament Statutes and Ordains That Seven Commissioners whereof one

And the appearand Heir entering by Inventary in manner foresaid is hereby declared to be only lyable to his Predecessors Debts and Deeds secundum vires Inventarii and in as far as the value of the Heritage given up in Inventary will extend and no farther Providing always Likeas it is hereby specially provided that if the aforesaid appearand Heir shal have any intromission with the Defuncts Heretable Estate or any part thereof otherways than necessary intromission for Custody and Preservation before his giving in recording and extracting of the said Inventary in manner foresaid or if he shal fraudfully omit any thing out of the said Inventary that is which yet he shal be found to have intrometted with or possessed then and in either of these Cases he shal lose the benefit of the Inventary and be universally lyable as if entered Heir without Inventary And farder that if any part of the said Heretable Estate shal be without fraud omitted to be given up by him in the foresaid Inventary and shal not in the mean time be affected by the diligence of a lawful Creditor he shal have Liberty so soon as he comes to the knowledge thereof and within fourty days thereafter to make an Eik of the same to the said Inventary which Eik is to be made and subscribed given in and recorded in the same manner with the Principal Inventary above-mentioned And lastly it is hereby declared that appearand Heirs if they please may enter without Inventary as formerly in all points and that whether they enter with or without Inventary they are still to enter by Service and Retour or by Precepts of Clare constat in manner formerly accustomed XXV ACT anent the Repetition of Fines Iuly 10. 1695. OUR SOVERAIGN LORD considering that by the Eighteenth Act of the Second Session of this current Parliament Intituled Act Rescinding the Forefaultures and Fines past since the Year One thousand six hundred sixty five All Fines then unpayed which were imposed by Sentences from the first day of Ianuary One thousand six hundred sixty five to the fifth of November One thousand six hundred eighty eight upon any person or persons for Church Irregularities or Non-conformities or refusing of Publick Bonds Subscriptions or Oaths or for not obeying Acts Proclamations and Orders thereanent Resetting or Conversing with Rebels for the Causes foresaid refusing to depone in Lybels against themselves in Capital Cases albeit restricted to an Arbitrary Punishment with all Hornings Denunciations and Intercommunings given pronounced and issued furth in Parliament or by an other Court or Commission against any Persons for the saids Causes are expresly discharged And further that by the foresaid Act it was remitted to the Commission appointed for Fines and Forefaulters to consider the Grounds of repetition of such of the said Fines as were payed to Donators or others having Right from them and other privat Parties And also considering that the said Commission hath given no Decision or Determination upon the foresaid Remit whereby the Parties lesed who made payment of the said Fines in manner foresaid to Donators and others have as yet received no redress Therefore His Majesty with Advice and Consent of the Estates of Parliament Doth Statute and Declare That where Fines were imposed by Sentences from the first of Ianuary One thousand six hundred sixty fives to the fifth of November One thousand six hundred eighty eight upon any Person for Church Irregularities and Non-conformities or refusing of publick Bonds Subscriptions and Oaths for not obeying Acts Proclamations and Orders thereanent Resetting of or Conversing with Rebells for the Causes foresaid refusing to depon upon Lybells against themselves in Capital Cases albeit restricted to an Arbitrary Punishment and that the Persons so fined have made payment of the hail of the said Fines or any part thereof to Donators or others that it shal be leasom for them to pursue the said Donators or others for repetition and who are hereby declared lyable to refound what they have received together with the Annualrent thereof since Martimass One thousand six hundred eighty eight And furder His Majesty and the Estates of Parliament having considered the Act made in the year One thousand six hundred and ninety Rescinding Fines and Forefaulters and that thereby the forefaulted Persons are restored to their Lands Rents and Possessions and the Composition made by them or others in their Name ordained to be repayed by the Donators or others and seing it is just that the Annualrents of the said Compositions since the date of the foresaid Act be likewise payed Therefore His Majesty with Advice and Consent foresaid Statutes and Ordains that Annualrent from the Date of the said Act be repayed with the Compositions themselves excepting always furth and frae this Act all Fines imposed by Mr. Iohn Meinzies Advocat while Sheriff-Deput of Lanerk in regard it is notorly known he fined not for any advantage to himself but for prevention of rigorous Execution from others and remits all Causes for repetition of Fines depending before the Parliament or Commission to be discussed by the Lords of Session summarily without abiding the course of the Roll. And it is furder declared that where any Person forefaulted and restored as above shal be found to be postponed in diligence either for his Payment as a Creditor or his Relief as a Cautioner by reason of his forefaulture he shal now after his Restitution be in the same Case for preference as if he had done all Diligence possible for him if not forefaulted XXVI ACT Discharging Popish Persons to prejudge their Protestant Heirs in Succession Iuly 11. 1695. OUR SOVERAIGN LORD understanding that Parents and others of the Popish Religion and that are so affected Do restrain and overawe their Children and appearand Heirs so as they cannot though convinced in their Consciences by the Light of the Truth abandon the Popish Errors and Superstitions of their said Parents for fear that they may be by them dis-inherited and deprived of any Benefit of Succession that they may have by their said Parents and others foresaid Do therefore and for Remeid thereof Statute and Ordain with Advice and Consent of the Estates of Parliament that it shal not be leisom nor in the power of any profest or known Papist to make any Gratuitous Deed or Disposition in prejudice of their appearand Heirs and the Benefit they may have by their Succession to and in Favours of any other Person or Persons whatsomever Declaring Likeas it is hereby declared that no such Disposition or Deed shal be of any force but shal be judged to be gratuitous unless that both the Person granter and the Writer and Witnesses in the Deed shal declare upon Oath and also qualify satisfyingly before the Judge Ordinary of the Bonds that the foresaid Disposition and Deed was made and granted for true onerous and adequat Causes or otherways that the same shal be null and void in manner above-Statute XXVII ACT Concerning the