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

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Pag. Ibid. 5 Act anent the Session Pag. Ibid. 6 Act for the Christmas Vacans Pag. Ibid. 7 Act of Dissolution of the Lands and Barony of Torwoodlie in Favours of Lieutenant General Drummond Pag. 7 8 Additional Act anent High-Ways and Bridges Pag. 8 9 Act of Annexation of the Baronies of Muir-hall and Melfort to the Crown Pag. 9 10 Act Ordaining Pursuers to furnish the Act to the Defenders whereon they are to Depone Pag. 11 11 Act for Winter-Herding Pag. Ibid. 12 Act for Cleansing the Streets of Edinburgh Pag. Ibid. 13 Act of Dissolution in Favours of the Duke of Gordon Pag. 12 14 Act against Importing Irish-Victual or Cattel Pag. 13 15 Act Declaring that Inhibitions shall not be prejudged by Recognition Pag. Ibid. 16 Act for Burying in Scots Linen Pag. 14 17 Act for Writing Seasins by way of Book Pag. Ibid. 18 Act appointing the publication of the Testimonies of Witnesses Pag. 15 19 Act anent the Registration of Seasins and Reversions Pag. Ibid. 20 Act anent the Nomination of Clerks to the Justices of Peace Pag. Ibid. 21 Act in Favours of Iohn Adair Geographer for Surveying the Kingdom of Scotland and Navigating the Coasts and Isles thereof Pag. 16 22 Act and Commission for Plantation of Kirks and Valuation of Teinds Pag. 17 23 Act for Regulation of Judicatures Pag. 18 24 Act anent an humble Offer made to His Majesty for an Imposition upon certain Commodities for defraying the expence of a free Coynage and other matters relating to the Mint Pag. 20 25 Act Rescinding a Clause in the Address made by the Parliament against the late Earl of Argile Pag. 24 26 Act Dissolving the Lands and Estates of Earlstoun Craichlaw and Caitloch from the Crown Pag. 25 27 Act of Dissolution of the Lands of Grange in favours of Sir Thomas Kennedy Lord Provost of Edinburgh Pag. 26 28 Act Dissolving the Lands of Cultness North-Berwick and Goodtries from the Crown Pag. 27 29 Act of Dissolution in favours of the late Earl of Tarras Pag. 28 30 Act anent the Measure of Bark Pag. 29 31 Act in favours of Iohn Meikle Founder and others of that Trade Pag. Ibid. 32 Act Salvo Iure Cujuslibet Pag. Ibid. 33 Act of Adjournment Pag. 30 A TABLE Of the Acts and Ratifications Past in the second Session of His Majesties first Parliament and which are not here Printed PRotestation by some Noble-men and others concerning their Precedency in the Rolls of Parliament His Majesties Letter to the Parliament with the Parliaments Answer Act for several yearly Fairs and Weekly Mercats to some Noble-men and others Act of Dissolution of the Lands of Ochiltrie in favours of William Cochran Act Dissolving from the Crown Lands which held of other Superiours than the King Act in favours of the Dutches of Hamilton anent the Office of Justice-General in the Isle of Arran Act and Reference to the Council anent the Importation of Prohibited Goods Act in favours of the Shire of Ross. Act Rescinding a Commission Granted the last Session of Parliament anent the Estate of Argile Act Rescinding the 33 Act of the first Session of this Current Parliament Act adding some Commissioners of Supply and Justices of Peace to several Shires Act in favours of Monsieur Culbert Marchio de Schanko Act in favours of Sir Alexander Gibson Act for Rebuilding the Bridge of Ugie Act in favours of Robert Cuninghame of Achinhervie Act in favours of the Duke of Gordon Act in favours of Mr. Walter Birnie Minister Act appointing the Earl of Morray and Lord Doun in his absence Conveener in the Shire of Inverness Ratification in favours of the Duke of Gordon Ratification in favours of the Earl of Perth Lord High Chancellor Two Ratifications in favours of the Dutches of Buccleugh Ratification in favours of the Earl of Middletoun Ratification in favours of the Earl of Dumbartoun Two Ratifications in favours of the Viscount of Melfort Two Ratifications in favours of the Viscount of Tarbat Ratification in favours of General Drummond Ratification in favours of the Laird of Balnagoun Ratification in favours of Sir Thomas Stuart of Gairntullie Ratification in favours of Sir Iames Stuart of Bute Ratification in favours of Sir Iames Caddel of Muirtoun Ratification in favours of Sir Colin Campbel of Aberurquhile Ratification in favours of Sir Archibald Cockburn of Langtoun Ratification in favours of Sir Thomas Kennedy Lord Provost of Edinburgh Ratification in favours of Sir Charles Stuart and Sir William Ker. Ratification in favours of Sir William Sharp of Stonny-hill Ratification in favours of Sir Iohn Gordon Advocat Ratification in favours of the Laird of Inverneity Ratification in favour of Hugh Mcleod of Cambiscurrie Ratification in favours of Mr. Alcxander Mclean of Ottar Ratification in favours of Iohn Reid of Bara Ratification in favours of Captain Edward Burd Ratification in favours of Mr. William Gordon Advocat Ratification in favours of George Keith of Criechie Ratification in favours of Iames Urquhart of Knockleith Ratification in favours of Robert Miln his Majesties Mr. Mason Ratification in favours of Lady Mary Bruce and William Cochran FINIS
Decreets unless the Interlocutors which are the Warrands thereof be Signed as said is Declaring hereby the Extracts which shall be given out otherways to be void and null IV. ACT Ordaining all Executions to be Subscribed by the Witnesses without necessity of Stamping May 26. 1686. OUR SOVERAIGN LORD with Advice and Consent of His Estates of Parliament Statutes and Ordains That in time coming all Citations before the Lords of Session and Citations before any other Judges Civil or Criminal which formerly by Law or Custom used to be in Writ and all Executions of Letters of Horning Inhibition and others whatsoever be Subscribed by the Executer thereof and the Witnesses Otherwise to be null and void And that the same shall not be quarrellable for the want of stamping any Law or Practick to the contrary notwithstanding V. ACT Anent the Session May 26. 1686. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament Statute and Ordain That the ordinary Dyets for Sitting of the Session shall be thus Regulated for the future viz. The Winter-Session shall Sitt down the first of November and Rise the last of February And the Summer-Session shall Sitt down the first day of Iune and Rise the last of Iuly And that this present Act shall take effect from the first of November 1686. And that notwithstanding of the seventh Act of the third Parliament of King Charles the Second of ever Glorious Memory which is hereby Rescinded VI. ACT For the Christmas Vacans May 26. 1686. OUR SOVERAIGN LORD with Advice and Consent of His Majesties Three Estates Assembled in Parliament Statutes Ordains and Declares That the Christmas Vacation of the Session or Colledge of Justice shall yearly and in all time-coming Continue and endure from the Twentieth of December to the Tenth day of Ianuary inclusivè Any former Law Act or Custom to the contrary Notwithstanding VII ACT Of Dissolution of the Lands and Barony of Torwoodlie in Favours of Lieutenant-General Drummond May 28. 1686. OUR SOVERAIGN LORD and Estates of Parliament Taking into Their serious Consideration That His Majesties Commissioner as having special Warrand and Instruction from His Majesty Having Proposed and Expounded in plain Parliament The great and faithful Services done and performed to His Majesties Royal Father King Charles the First and His Royal Brother King Charles the Second of ever Blessed memories and to His Majesties Self since His accession to the Crown by Lieutenant-General Drummond Commander of all His Majesties Forces within the Kingdom of Scotland And Considering the particular Services Done by him in his ready and chearful joyning with the Forces Levied in the Year 1648. For Rescuing the Sacred Person of His Majesties Royal Father out of the hands of His Rebellious English Subjects by whom He was then kept Prisoner And with the Forces Levied in Ireland for the Service of the Crown in the year 1649. under the Command of the Duke of Ormond then Lord Lieutenant of Ireland And his brave and chearful Concurring with the Royal Armies both in Scotland and England in the year 1651. which was the occasion of his suffering great loss and a grievous long Imprisonment And his Resolute and Couragious appearing in Arms against the Usurpers in the year 1653. being Cloathed with a Commission of Major-General And Considering also That after the hopes of the Loyal Party were absolutely cut off by the prevalency of the Usurpation The said Lieutenant General Drummond having indured the greatest hardships and miseries under the influence of Tyrannical Powers made a generous choice rather to undergo Exile and Banishment from his own Native Countrey than submit upon any Terms to or comply with an Unlawful and Usurped Authority and that upon a Call from His Majesties Royal Brother after His Restauration he left a Splendid and Honourable Imployment under the Emperour of Russia to give Obedience to His Native Prince and that since his Return to this Kingdom he did Good and Signal Service as Major-General in the Defeat of the Rebels and Suppressing the Rebellion raised in the year 1666. And in his painful and Faithful Performance of the Office of Master-General of the Ordnance for divers years And in his Good and Successful Conduct of His Majesties Forces as Lieutennant-General against the late Rebells and Conspirators who under the Command of the late Earl of Argile Designed to Overturn the Government of this Nation And upon many other occasions hath given pregnant proofs of a firm and steady Loyalty And all the saids great and memorable Services and Sufferings being proposed and laid open in plain Parliament to the end the Three Estates might give His Majesty Their Judgement Advice and Determination re integra whether the same were True Good and Reasonable Causes of publict Government for Dissolving the Lands and Barony of Torwoodlie formerly pertaining to Pringle sometime of Torwoodlie with all other Lands Heretages and Rights which belonged to him from the Crown and which came in His Majesties hands through the Crimes of Treason and laese Majestie Acted Committed and Done by the said Pringle and the Doom and Sentence of Forefaulture given and pronounced against him for the same upon the day of One thousand six hundred eighty five years and were Annexed to the Crown by the fourty two Act of the first Session of this current Parliament And the said Estates of Parliament after long and mature Deliberation and Treating and Consulting anent the Premisses being fully satisfied and convinced That the particular Services and Sufferings above-mentioned Done Performed and Undergone by the said Lieutenant-General Drummond The Truth whereof is clearly known and did appear to them are Just Weighty and Important Reasons concerning both His Majesties Interest and the publict Good and Welfare of this Kingdom That they should Advise and Consent to His Majesties Giving and Disponing the saids Lands and Barony of Torwoodlie and others above-exprest to the said Lieutenant-general Drummond his Heirs and Assigneys And for that effect that the saids Lands should be Dissolved from the Crown and from the said Act of Annexation THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Decerns Ordains and Declairs That the saids Lands and Barony of Torwoodlie and all other Lands Heretages and Rights sometime belonging to the said Pringle late of Torwoodlie and which came in His Majesties hands and were Annexed to the Crown in manner foresaid may be be Disponed to the said Lieutenant-General Drummond and his foresaids And for that Effect has Dissolved and hereby Dissolves the same from the Crown and Patrimony thereof And from the foresaid Act of Annexation made the sixteenth day of Iune One thousand six hundred eighty and five years and from all other Acts of Annexation and from all Clauses Qualities and Conditions therein contained And His Majesty with Advice and Consent foresaid Finds Decerns and Declares That this present Act of Dissolution having proceeded upon the Advice and Deliberation of the Estates of
Coynage aforesaid The which sum of twelve thousand pounds scots for the Officers of the Mint and other expenses thereof is to be payed to the General and Master of the said Mint together with the sum of eighteen Pounds per stone to the Master for the Coynage of the Money at four Terms in the year viz. Candlemass Whitsunday Lambmass and Martinmass yearly and the said payment to commence from and after the first of November next And His Majesty and Estates of Parliament further Statute and Ordain That no Heads Sweeps or Chizel of any Gold or Silver to be Coyned in His Majesties in t shall pass His Majesties Irons without taking a second Essay thereof as if the same were newly brought in to the Mint to be Coyned And to the effect that all matters relating to the Coynage and Mint may be equally Ordered and Regulated according to this present Act and in such further ways and manner as His Majesty and His Privy Council shall think fit It is hereby Recommended to His Majesties Privy Council by some of their number to try every Journal of Coyn by it self distinctly and to take exact tryal of all matters relating to the Coynage both as to the weight and fineness of the money and other matters relating to the said Mint twice every year viz. In the moneths of Iuly and December yearly and to call before them the whole Officers of the Mint and to Examine their Proceedings and to inspect their Books and to sign and subscribe Approbations thereof as they shall see cause And this without prejudice of the said Officers of the Mint their compting yearly to the Lords of His Majesties Exchequer and Thesaury for all matters commited to their Trust. XXV ACT Rescinding a Clause in the Addresse made by the Parliament against the late Earl of Argile Iune 15. 1686. OUR SOVERAIGN LORD Taking into His Consideration the 36 Act of the first Session of this Parliament Intituled Act anent the Address of the Estates of Parliament of His Majesties ancient Kingdom of Scotland to His Sacred Majesty against the Arch-Traitor Archibald Campbel sometime Earl of Argile And that His Majesty from His unparalleled Clemencie and Goodness has been Graciouslie Pleased to Pardon and Indemnifie several persons who were accessorie to and involved into the said Rebellion notwithstanding the Estates of Parliament from their zeal to His Majesties Service and Detestation of the said Rebellion Did by their Address humbly Desire they should for ever be incapable of mercie and that any of His Majesties Subjects who should interceed for them any manner of way should incur the pain of Treason and in regard His Majesty did make no signification of His Royal Pleasure as to the said Address THEREFORE His Majesty with Advice and Consent of His Estates of Parliament Casses Annuls and Rescinds that Clause in the same Address as to the exercise of His Majesties Mercy or the Intercessions of any of His Majesties Subjects made or to be made in that behalf And Declares the same Clause to have no strength Force nor effect from the beginning and to be null and void in all time coming XXVI ACT Dissolving the Lands and Estates of Earlestoun Craichlaw and Caitloch from the Crown Iune 15. 1686. OUR SOVERAIGN LORD Taking to His Royal Consideration that His late Majesty and his Royal Brother of ever glorious Memory by Charter under the Great-Seal of this His Majesties Ancient Kingdom of the date at Windsor-Castle the eleventh day of May 1680 years upon the account of Sir Theophilus Ogilthrop Lieutenant Colonel Main and Captain Hendry Cornowall their Loyalty and Service performed to the Crown Did Give Grant and Dispone to them their Heirs and Assigneys the Lands and Estates of Earlestoun Craichlaw and Caitloch and others more fully specified in the said Charter whereupon they were Infest and the said Right Ratified in Parliament And which Lands and Estates fell in His late Majesties hands by the Forefaultur of Mr. William and Alexander Gordons elder and younger of Earlstoun Iames Gordon of Craichlaw and Mr. William Ferguson of Caitloch Likeas His late Majesty by His Letter of the eleventh of May One thousand six hundred eighty Directed to the Lords Commissioners of His Highness Thesaury upon Information that the saids three Estates did exceed six hundred pounds Sterling per annum which His Majesty was pleased to Promise should be made good unto them Ordered That before the said Gift past in Exchequer the saids Lords should take their Security to pay the superplus if any were that the saids Estates should be found to exceed the foresaid Rent and the Debts payable out of the same by Law in such manner and to such uses as His Majesty should think fit thereafter to direct And in like manner His Majesty by another Letter directed to the saids Lords of the 15th of February 1681. Required them to take sufficient Security of the saids persons for payment of their share of the expence disbursed out of His late Majesties Thesaury towards the suppressing of the Rebellion in the year 1679 not exceeding two years Rent of the saids Forefaulted Estates and accordingly the saids Donatars granted Security to the saids Lords in the Terms foresaids As also OUR SOVERAIGN LORD Considering That His Majesty by His Letter of the last of October 1685. upon the Consideration that the saids Estates did not exceed but are rather considerably short of the saids six hundred pounds Sterling per annum and of the great trouble and expence the said Sir Theophilus who also acquired the other two Parts from Main and Cornowall was and is exposed to in attaining to the Possession of the saids three Forefaulted Estates and being desirous the same should be made fully effectual to him free of all future trouble and inconvenience THEREFORE as a further Mark of His Favour to the said Sir Theophilus and in Consideration of his great Loyalty and Service Authorized and Required William Duke of Queensberrie His Majesties Thesaurer-Principal for the time Thesaurer-deput and remanent Lords of Exchequer to deliver to him the said Security and Ordained the same to be delet out of the Records of Exchequer which accordingly was done and an Act thereupon past the eight of Ianuary last And further upon Consideration of the said Sir Theophilus his constant loyalty and adherence to the Crown and signal evidence given by him thereof in the late Rebellion of the late Duke of Munmouth Did Order his Right Trusty and Familiar Cousen and Counsellor Alexander Earl of Murray Conjunct-Secretary of State for the Kingdom of Scotland and his Majesties high Commissioner therein for the time to represent the matter in Parliament for a Dissolution of the saids three Forefaulted Estates from the Crown to which the same were Annexed in the last Session of Parliament holden at Edinburgh the sixteenth day of Iune One thousand six hundred eighty five years Which Annexation proceeded upon a Supposition that the yearly Rent
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